|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2713
Introduced 2/4/2004, by James F. Clayborne Jr. SYNOPSIS AS INTRODUCED: |
|
625 ILCS 25/4 |
from Ch. 95 1/2, par. 1104 |
|
Amends the Illinois Vehicle Code. Provides that it is an affirmative defense to a charge of failing to secure a child under 8 years of age in a child restraint system that, at the time of the alleged offense, (i) more than one child was secured in a child restraint system, (ii) no additional child restraint system was available as a result of space limitations in the vehicle, and (iii) each child under the age of 8 not secured in a child restraint system was wearing a combination lap and shoulder belt or, if no combination lap and shoulder belt was available for that child, a lap belt.
|
|
|
|
|
A BILL FOR
|
|
|
|
|
SB2713 |
|
LRB093 20808 DRH 46731 b |
|
|
1 |
| AN ACT concerning vehicles.
|
2 |
| Be it enacted by the People of the State of Illinois,
|
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The Child Passenger Protection Act is amended by |
5 |
| changing Section 4 as follows:
|
6 |
| (625 ILCS 25/4) (from Ch. 95 1/2, par. 1104)
|
7 |
| Sec. 4. Transporting a child under 8 years of age.
|
8 |
| (a) When any person is transporting a child in
this State
|
9 |
| under the age of 8 years in a non-commercial motor vehicle of |
10 |
| the
first
division, a motor vehicle of the second division with |
11 |
| a gross vehicle
weight rating of 9,000 pounds or less, or a |
12 |
| recreational vehicle on the
roadways, streets or highways of |
13 |
| this State, such person shall be
responsible for providing for |
14 |
| the protection of such child by properly
securing him or her in |
15 |
| an appropriate child restraint system. The
parent or legal |
16 |
| guardian
of a child under the age of
8 years shall provide a |
17 |
| child restraint system to any person who
transports
his or her |
18 |
| child. Any person who transports the child of another shall not
|
19 |
| be in violation of this Section unless a child restraint system |
20 |
| was
provided by the parent or legal guardian but not used to |
21 |
| transport the child.
|
22 |
| For purposes of this Section and Section 4b, "child |
23 |
| restraint
system" means
any device which meets the standards of |
24 |
| the United States Department of
Transportation designed to |
25 |
| restrain, seat or position children, which also
includes a |
26 |
| booster seat.
|
27 |
| (b) A child weighing more than 40 pounds may be transported |
28 |
| in the back seat
of a motor vehicle while wearing only a lap |
29 |
| belt if the back seat of the motor
vehicle is not equipped with |
30 |
| a combination lap and shoulder belt.
|
31 |
| (c) It is an affirmative defense to an offense brought |
32 |
| under subsection (a) of this Section that, at the time of the |