Full Text of SB2340 93rd General Assembly
SB2340 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2340
Introduced 1/28/2004, by J. Bradley Burzynski SYNOPSIS AS INTRODUCED: |
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625 ILCS 25/2 |
from Ch. 95 1/2, par. 1102 |
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 |
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625 ILCS 25/5 |
from Ch. 95 1/2, par. 1105 |
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Amends the Child Passenger Protection Act. Deletes language providing that the General Assembly finds that motor vehicle crashes are the leading cause of death of children of every age from 4 to 14. Provides that whenever a person is transporting a child under the age of 4 (rather than 8), the person is responsible for properly securing the child in a child restraint system. Provides that every person, when transporting a child 4 (rather than 8) years of age or older, but under the age of 16, is responsible for properly securing that child in either a child restraint system or seat belts. Provides that a person under the age of 18, when transporting a child 6 (rather than 8) years of age or older but under the age of 18, is responsible for securing the child in a seat belt. Deletes language providing that 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. Provides that a person's failure to properly secure a child under the age of 6 (rather than 8) years is not contributory negligence.
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A BILL FOR
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SB2340 |
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LRB093 20215 DRH 45967 b |
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| AN ACT concerning vehicles.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Child Passenger Protection Act is amended by | 5 |
| changing Sections 2, 4, 4a, 4b, and 5 as follows:
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| (625 ILCS 25/2) (from Ch. 95 1/2, par. 1102)
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| Sec. 2. Legislative Finding - Purpose. The General Assembly | 8 |
| finds that
a substantial number of passengers under the age of | 9 |
| 6
8 years riding in
motor
vehicles, which are most frequently | 10 |
| operated by a parent, annually die or
sustain serious physical | 11 |
| injury as a direct result of not being placed in
a
an | 12 |
| appropriate child passenger restraint system.
Motor vehicle | 13 |
| crashes are the leading cause of death for children
of every | 14 |
| age from 4 to 14 years old.
The General Assembly further finds | 15 |
| that
the safety of the motoring public is seriously threatened | 16 |
| as indicated by
the significant number of traffic accidents | 17 |
| annually caused, directly or
indirectly, by driver distraction | 18 |
| or other impairment of driving ability
induced by the movement | 19 |
| or actions of unrestrained passengers under the age of
6
8
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| years.
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| 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 6
8 years and the
motoring
public through the proper | 24 |
| utilization of approved child restraint systems.
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| (Source: P.A. 93-100, eff. 1-1-04.)
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| (625 ILCS 25/4) (from Ch. 95 1/2, par. 1104)
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| Sec. 4. When any person is transporting a child in
this | 28 |
| State
under the age of 4
8 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 or | 31 |
| less, or a recreational vehicle on the
roadways, streets or |
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SB2340 |
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LRB093 20215 DRH 45967 b |
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| highways of this State, such person shall be
responsible for | 2 |
| providing for the protection of such child by properly
securing | 3 |
| him or her in a
an appropriate child restraint system. The
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| parent or legal guardian
of a child under the age of
4
8 years | 5 |
| shall provide a child restraint system to any person who
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| transports
his or her child. Any person who transports the | 7 |
| child of another shall not
be in violation of this Section | 8 |
| unless a child restraint system was
provided by the parent or | 9 |
| legal guardian but not used to transport the child.
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| For purposes of this Section and Section 4a
4b , "child | 11 |
| restraint
system" means
any device which meets the standards of | 12 |
| the United States Department of
Transportation designed to | 13 |
| restrain, seat or position children , which also
includes a | 14 |
| booster seat .
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| A child weighing more than 40 pounds may be transported in | 16 |
| the back seat
of a motor vehicle while wearing only a lap belt | 17 |
| if the back seat of the motor
vehicle is not equipped with a | 18 |
| combination lap and shoulder belt.
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| (Source: P.A. 93-100, eff. 1-1-04.)
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| (625 ILCS 25/4a) (from Ch. 95 1/2, par. 1104a)
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| Sec. 4a. Every person, when transporting a child 4
8 years | 22 |
| of age or
older but under the age of 16, as provided in Section | 23 |
| 4 of this Act,
shall
be responsible for properly securing that | 24 |
| child in either a child restraint system or seat belts.
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| (Source: P.A. 92-171, eff. 1-1-02; 93-100, eff. 1-1-04.)
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| (625 ILCS 25/4b)
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| Sec. 4b. Children 6
8 years of age or older but under the | 28 |
| age of 18;
seat belts. Every person under the age of 18 years, | 29 |
| when transporting a child
6
8 years of age or older but under | 30 |
| the age of 18 years, as provided in
Section 4 of this Act, | 31 |
| shall be responsible for securing that child in a
properly
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| adjusted and fastened seat safety belt or an appropriate child | 33 |
| restraint
system .
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| (Source: P.A. 93-100, eff. 1-1-04.)
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LRB093 20215 DRH 45967 b |
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| (625 ILCS 25/5) (from Ch. 95 1/2, par. 1105)
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| Sec. 5. In no event shall a person's failure to secure a | 3 |
| child under 6
8
years of age in an approved child restraint | 4 |
| system or properly secure the child, if age 4 or 5, in a seat | 5 |
| belt constitute contributory
negligence or
be admissible as | 6 |
| evidence in the trial of any civil action.
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| (Source: P.A. 93-100, eff. 1-1-04.)
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