093_SB0052enr

 
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 1        AN ACT in relation to vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Child Passenger Protection Act is amended
 5    by changing Sections 2, 4, 4a, 4b, and 5 as follows:

 6        (625 ILCS 25/2) (from Ch. 95 1/2, par. 1102)
 7        Sec.  2.   Legislative  Finding  -  Purpose.  The General
 8    Assembly finds that a substantial number of passengers  under
 9    the age of 8 6 years riding in motor vehicles, which are most
10    frequently  operated  by  a  parent,  annually die or sustain
11    serious physical injury as  a  direct  result  of  not  being
12    placed  in an appropriate a child passenger restraint system.
13    Motor vehicle crashes are the  leading  cause  of  death  for
14    children  of  every  age  from 4 to 14 years old. The General
15    Assembly further finds that the safety of the motoring public
16    is seriously  threatened  as  indicated  by  the  significant
17    number  of  traffic  accidents  annually  caused, directly or
18    indirectly, by driver  distraction  or  other  impairment  of
19    driving  ability  induced  by  the  movement  or  actions  of
20    unrestrained passengers under the age of 8 6 years.
21        It  is  the  purpose  of  this Act to further protect the
22    health, safety and welfare of motor vehicle passengers  under
23    the  age  of  8  6  years and the motoring public through the
24    proper utilization of approved child restraint systems.
25    (Source: P.A. 83-8.)

26        (625 ILCS 25/4) (from Ch. 95 1/2, par. 1104)
27        Sec. 4.  When any person is transporting a child in  this
28    State  under  the  age of 8 4 years in a non-commercial motor
29    vehicle of the first division, a motor vehicle of the  second
30    division  with  a gross vehicle weight rating of 9,000 pounds
 
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 1    or less, or a recreational vehicle on the  roadways,  streets
 2    or  highways  of this State, such person shall be responsible
 3    for providing for the protection of such  child  by  properly
 4    securing  him  or  her  in  an  appropriate a child restraint
 5    system. The parent or legal guardian of a child under the age
 6    of 8 4 years shall provide a child restraint  system  to  any
 7    person  who  transports  his  or  her  child.  Any person who
 8    transports the child of another shall not be in violation  of
 9    this  Section unless a child restraint system was provided by
10    the parent or legal guardian but not used  to  transport  the
11    child.
12        For  purposes  of  this Section and Section 4b 4a, "child
13    restraint system" means any device which meets the  standards
14    of the United States Department of Transportation designed to
15    restrain,  seat  or  position children, which also includes a
16    booster seat.
17        A child weighing more than 40 pounds may  be  transported
18    in  the back seat of a motor vehicle while wearing only a lap
19    belt if the back seat of the motor vehicle  is  not  equipped
20    with a combination lap and shoulder belt.
21    (Source: P.A. 88-17.)

22        (625 ILCS 25/4a) (from Ch. 95 1/2, par. 1104a)
23        Sec.  4a.  Every  person,  when  transporting a child 8 4
24    years of age or older but under the age of 16, as provided in
25    Section 4 of this Act,  shall  be  responsible  for  properly
26    securing  that  child  in  either a child restraint system or
27    seat belts.
28    (Source: P.A. 92-171, eff. 1-1-02.)

29        (625 ILCS 25/4b)
30        Sec. 4b.  Children 8 6 years of age or  older  but  under
31    the  age of 18; seat belts.  Every person under the age of 18
32    years, when transporting a child 8 6 years of  age  or  older
 
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 1    but  under  the  age of 18 years, as provided in Section 4 of
 2    this Act, shall be responsible for securing that child  in  a
 3    properly  adjusted  and  fastened  seat  safety  belt  or  an
 4    appropriate child restraint system.
 5    (Source: P.A. 90-369, eff. 1-1-98.)

 6        (625 ILCS 25/5) (from Ch. 95 1/2, par. 1105)
 7        Sec. 5.  In no event shall a person's failure to secure a
 8    child  under  8 6 years of age in an approved child restraint
 9    system or properly secure such child, if age 4  or  5,  in  a
10    seat belt constitute contributory negligence or be admissible
11    as evidence in the trial of any civil action.
12    (Source: P.A. 86-1241.)