Full Text of HB1581 98th General Assembly
HB1581ham002 98TH GENERAL ASSEMBLY | Rep. Daniel V. Beiser Filed: 4/8/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1581
| 2 | | AMENDMENT NO. ______. Amend House Bill 1581, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Vehicle Code is amended by adding | 6 | | Section 11-1432 as follows: | 7 | | (625 ILCS 5/11-1432 new) | 8 | | Sec. 11-1432. Unrestrained domestic animals in motor | 9 | | vehicles. | 10 | | (a) For purposes of this Section, "animal restraint system" | 11 | | means a device which humanely restricts the movement of a | 12 | | domestic animal and keeps the animal secured within a motor | 13 | | vehicle's passenger area during transport. These devices | 14 | | include, but are not limited to: animal safety harnesses, | 15 | | modified seat belts, tethers, and crates. | 16 | | (b) A driver may not operate a motor vehicle that contains |
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| 1 | | a domestic animal unless that animal is secured and protected | 2 | | by an animal restraint system. This Section shall not apply to | 3 | | the following motor vehicles as defined by this Code: | 4 | | (1) commercial motor vehicles; | 5 | | (2) farm tractors; | 6 | | (3) implements of husbandry; and | 7 | | (4) farm to market agricultural transportation. | 8 | | (c) Failure to secure and protect a domestic animal by an | 9 | | animal restraint system shall not be considered evidence of | 10 | | negligence, shall not limit the liability of an insurer, and | 11 | | shall not diminish any recovery for damages arising out of the | 12 | | ownership, maintenance, or operation of a motor vehicle. | 13 | | (d) A person who violates this Section is guilty of a petty | 14 | | offense. First time offenders shall be issued a warning, but | 15 | | for any second or subsequent offense violators shall be subject | 16 | | to a fine not to exceed $25. | 17 | | (e) A law enforcement officer may not search a motor | 18 | | vehicle, its contents, the driver, or a passenger solely | 19 | | because of a violation or suspected violation of this Section. | 20 | | Section 10. The Code of Criminal Procedure of 1963 is | 21 | | amended by changing Section 108-1 as follows:
| 22 | | (725 ILCS 5/108-1) (from Ch. 38, par. 108-1)
| 23 | | Sec. 108-1. Search without warrant.
| 24 | | (1) When a lawful arrest is effected a peace officer may |
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| 1 | | reasonably search
the person arrested and the area
within such | 2 | | person's immediate presence for the purpose of:
| 3 | | (a) protecting the officer from attack; or
| 4 | | (b) preventing the person from escaping; or
| 5 | | (c) discovering the fruits of the crime; or
| 6 | | (d) discovering any instruments, articles, or things | 7 | | which may have been
used in the commission of, or which may | 8 | | constitute evidence of, an offense.
| 9 | | (2) (Blank).
| 10 | | (3) A law enforcement officer may not search or inspect a | 11 | | motor vehicle,
its contents, the driver, or a passenger solely | 12 | | because of a violation of
Section 12-603.1 of the Illinois | 13 | | Vehicle Code.
| 14 | | (4) A law enforcement officer may not search a motor | 15 | | vehicle,
its contents, the driver, or a passenger solely | 16 | | because of a violation or suspected violation of
Section | 17 | | 11-1432 of the Illinois Vehicle Code. | 18 | | (Source: P.A. 93-99, eff. 7-3-03.)".
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