SB0427 95TH GENERAL ASSEMBLY

LRB095 04949 DRH 25015 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0427

Introduced 2/7/2007, by Sen. Deanna Demuzio

SYNOPSIS AS INTRODUCED:

625 ILCS 25/3	from Ch. 95 1/2, par. 1103
625 ILCS 25/4	from Ch. 95 1/2, par. 1104
625 ILCS 25/4a	from Ch. 95 1/2, par. 1104a
625 ILCS 25/4b
625 ILCS 25/4c new
625 ILCS 25/6	from Ch. 95 1/2, par. 1106

Amends the Child Passenger Protection Act. Provides that any person who drives a specified vehicle in which a child under the age of 8 years is a passenger is responsible for securing the child in an appropriate child restraint system, unless the child is 57 or more inches tall. Provides that any person over the age of 17 years who drives a specified vehicle in which a child under the age of 16 years is a passenger is responsible for securing the child in a seat belt or child restraint system. Provides that any person under the age of 18 years who drives a specified vehicle in which a child under the age of 19 years is a passenger shall secure the child in a seat belt or child restraint system. Provides that the parent or legal guardian of a child under the age of a eight years shall provide an appropriate child restraint system to any person who is going to drive a specified vehicle in which the child is going to be a passenger unless the child is 57 or more inches tall. Provides that a second or subsequent violation of the Act within 5 years of a previous violation is a Class C misdemeanor. Provides that a violation of the Act is an offense against traffic regulations governing the movement of vehicles.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

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

Section 5. The Child Passenger Protection Act is amended by changing Sections 3, 4, 4a, 4b, and 6 and by adding Section 4c as follows:

(625 ILCS 25/3) (from Ch. 95 1/2, par. 1103)

Sec. 3. Definitions. The terms "highway", "motor vehicle", "noncommercial", "owner", "police officer", "recreational vehicle", "roadway" and "street" as used in this Act, unless the context otherwise requires, have the meaning ascribed to them in The Illinois Vehicle Code, as now or hereafter amended. For purposes of this Act, "child restraint system" means any device which meets the standards of the United States Department of Transportation designed to restrain, seat or position children, which includes rear-facing infant seats, forward-facing toddler seats, and booster seats approved by the National Highway Transportation Agency. For purposes of this Act, "specified vehicle" means a noncommercial motor vehicle of the first division, a motor vehicle of the second division with a gross vehicle weight rating of 9,000 pounds or less, or a recreational vehicle. For the purpose of this Act, "specified motor vehicle" does not include motorcycles, or motor vehicles manufactured prior to 1965, and motor vehicles which are not required to be equipped with seat safety belts under federal law.

(Source: P.A. 83-8.)

(625 ILCS 25/4) (from Ch. 95 1/2, par. 1104)

Sec. 4. Any person who drives a specified vehicle on a highway when a passenger in the vehicle is When any person is transporting a child in this State under the age of 8 years in a non-commercial motor vehicle of the first division, a motor vehicle of the second division with a gross vehicle weight rating of 9,000 pounds or less, or a recreational vehicle on the roadways, streets or highways of this State, such person shall properly secure the child be responsible for providing for the protection of such child by properly securing him or her in an appropriate child restraint system, unless such child is 57 or more inches tall. The parent or legal guardian of a child under the age of 8 years shall provide a child restraint system to any person who transports his or her child. Any person who transports the child of another shall not be in violation of this Section unless a child restraint system was provided by the parent or legal guardian but not used to transport the child.

For purposes of this Section and Section 4b, "child restraint system" means any device which meets the standards of the United States Department of Transportation designed to restrain, seat or position children, which also includes a booster seat.

A child weighing more than 40 pounds may be transported in the back seat of a motor vehicle while wearing only a lap belt if the back seat of the motor vehicle is not equipped with a combination lap and shoulder belt.

(Source: P.A. 93-100, eff. 1-1-04.)

(625 ILCS 25/4a) (from Ch. 95 1/2, par. 1104a)

Sec. 4a. Any person over the age of 17 years who drives a specified vehicle on a highway when a passenger in the vehicle is a child under the age of 16 years shall properly secure the child in a seat belt, unless such child is required to be secured in a child restraint system pursuant to Section 4 of this Act. Every person, when transporting a child 8 years of age or older but under the age of 16, as provided in Section 4 of this Act, shall be responsible for properly securing that child in seat belts.

(Source: P.A. 92-171, eff. 1-1-02; 93-100, eff. 1-1-04.)

(625 ILCS 25/4b)

Sec. 4b. Children 8 years of age or older but under the age of 19; seat belts. Any person under the age of 18 years who drives a specified vehicle on a highway when a passenger in the vehicle is a child under the age of 19 years in a specified vehicle on a highway shall properly secure the child in a seat belt, unless such child is required to be secured in a child restraint system pursuant to Section 4 of this Act. Every person under the age of 18 years, when transporting a child 8 years of age or older but under the age of 19 years, as provided in Section 4 of this Act, shall be responsible for securing that child in a properly adjusted and fastened seat safety belt or an appropriate child restraint system.

(Source: P.A. 93-100, eff. 1-1-04; 94-241, eff. 1-1-06.)

(625 ILCS 25/4c new)

Sec. 4c. The parent or legal guardian of a child under the age of 8 years shall provide an appropriate child restraint system to any person who is going to drive a specified vehicle on a highway when his or her child is going to be a passenger in the vehicle, unless such child is 57 or more inches tall.

(625 ILCS 25/6) (from Ch. 95 1/2, par. 1106)

Sec. 6. Except as otherwise provided in this Section, a A violation of this Act is a petty offense punishable by a fine of not more than $50 waived upon proof of possession of an approved child restraint system as defined under this Act. A subsequent violation of this Act is a petty offense punishable by a fine of not more than $100. A second or subsequent violation within 5 years of a previous violation is a Class C misdemeanor. For purposes of determining when the Secretary of State is authorized to suspend or revoke the driving privileges of a person, the Secretary of State shall consider a conviction for violating this Act an offense against traffic regulations governing the movement of vehicles.

(Source: P.A. 92-173, eff. 1-1-02.)