98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2143

 

Introduced 2/15/2013, by Sen. Sue Rezin

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/12-603.1  from Ch. 95 1/2, par. 12-603.1

    Amends the Illinois Vehicle Code. Provides that evidence of failure to comply with the seat belt requirements of the Illinois Vehicle Code may be admitted in litigation related to a motor vehicle accident for the purpose of mitigating damages in subsequent civil litigation. Provides that this mitigation will apply only to damages for pain and suffering and not to recovery of economic loss or medical payments. Maintains the prohibition on admission of evidence of failure to use child restraints as required under the Child Passenger Protection Act.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 12-603.1 as follows:
 
6    (625 ILCS 5/12-603.1)  (from Ch. 95 1/2, par. 12-603.1)
7    Sec. 12-603.1. Driver and passenger required to use safety
8belts, exceptions and penalty.
9    (a) Each driver and passenger of a motor vehicle operated
10on a street or highway in this State shall wear a properly
11adjusted and fastened seat safety belt. A child less than 8
12years of age shall be protected as required pursuant to the
13Child Passenger Protection Act. Each driver of a motor vehicle
14transporting a child 8 years of age or more, but less than 16
15years of age, shall secure the child in a properly adjusted and
16fastened seat safety belt as required under the Child Passenger
17Protection Act. Each driver of a motor vehicle transporting a
18passenger who is unable, due to infirmity, illness, or age, to
19properly adjust and fasten a seat safety belt and is not
20exempted from wearing a seat safety belt under subsection (b)
21shall secure the passenger in a properly adjusted and fastened
22seat safety belt as required under this Section.
23    (b) Paragraph (a) shall not apply to any of the following:

 

 

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1        1. A driver or passenger frequently stopping and
2    leaving the vehicle or delivering property from the
3    vehicle, if the speed of the vehicle between stops does not
4    exceed 15 miles per hour.
5        2. A driver or passenger possessing a written statement
6    from a physician that such person is unable, for medical or
7    physical reasons, to wear a seat safety belt.
8        3. A driver or passenger possessing an official
9    certificate or license endorsement issued by the
10    appropriate agency in another state or country indicating
11    that the driver is unable for medical, physical, or other
12    valid reasons to wear a seat safety belt.
13        4. A driver operating a motor vehicle in reverse.
14        5. A motor vehicle with a model year prior to 1965.
15        6. A motorcycle or motor driven cycle.
16        7. A moped.
17        8. A motor vehicle which is not required to be equipped
18    with seat safety belts under federal law.
19        9. A motor vehicle operated by a rural letter carrier
20    of the United States postal service while performing duties
21    as a rural letter carrier.
22        10. A driver or passenger of an authorized emergency
23    vehicle.
24        11. A back seat passenger of a taxicab.
25    (c) (Blank). Failure to wear a seat safety belt in
26violation of this Section shall not be considered evidence of

 

 

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1negligence, shall not limit the liability of an insurer, and
2shall not diminish any recovery for damages arising out of the
3ownership, maintenance, or operation of a motor vehicle.
4    (d) A violation of this Section shall be a petty offense
5and subject to a fine not to exceed $25.
6    (e) (Blank).
7    (f) A law enforcement officer may not search or inspect a
8motor vehicle, its contents, the driver, or a passenger solely
9because of a violation of this Section.
10    (g) Except as provided in Section 5 of the Child Passenger
11Protection Act, evidence of failure to comply with the
12requirements of this Section shall be admissible to mitigate
13damages with respect to any person who was involved in a motor
14vehicle accident and seeks in subsequent civil litigation to
15recover damages for injuries resulting from the accident. The
16mitigation shall be limited to awards for pain and suffering
17and shall not be used for limiting recovery of economic loss
18and medical payments.
19(Source: P.A. 96-554, eff. 1-1-10; 96-991, eff. 1-1-11; 97-16,
20eff. 1-1-12; 97-333, eff. 8-12-11.)