093_SB0052sam001

 










                                     LRB093 02134 DRH 13874 a

 1                     AMENDMENT TO SENATE BILL 52

 2        AMENDMENT NO.     .  Amend Senate Bill  52  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section   5.  The  Child  Passenger  Protection  Act  is
 5    amended 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
 
                            -2-      LRB093 02134 DRH 13874 a
 1    the age of 8 6 years and  the  motoring  public  through  the
 2    proper utilization of approved child restraint systems.
 3    (Source: P.A. 83-8.)

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

30        (625 ILCS 25/4a) (from Ch. 95 1/2, par. 1104a)
31        Sec. 4a.  Every person, when transporting  a  child  8  4
32    years of age or older but under the age of 16, as provided in
 
                            -3-      LRB093 02134 DRH 13874 a
 1    Section  4  of  this  Act,  shall be responsible for properly
 2    securing that child in either a  child  restraint  system  or
 3    seat belts.
 4    (Source: P.A. 92-171, eff. 1-1-02.)

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

14        (625 ILCS 25/5) (from Ch. 95 1/2, par. 1105)
15        Sec. 5.  In no event shall a person's failure to secure a
16    child under 8 6 years of age in an approved  child  restraint
17    system  or  properly  secure  such child, if age 4 or 5, in a
18    seat belt constitute contributory negligence or be admissible
19    as evidence in the trial of any civil action.
20    (Source: P.A. 86-1241.)".