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90_HB1610
625 ILCS 5/12-603.1 from Ch. 95 1/2, par. 12-603.1
625 ILCS 25/4a from Ch. 95 1/2, par. 1104a
625 ILCS 25/4b new
725 ILCS 5/108-1 from Ch. 38, par. 108-1
Amends the Illinois Vehicle Code, the Child Passenger
Protection Act, and the Code of Criminal Procedure of 1963.
Amends the Vehicle Code and the Code of Criminal Procedure to
remove provisions that provide that no motor vehicle shall be
stopped or searched by a law enforcement officer solely on
the basis of violating the use of safety belts provisions of
the Vehicle Code. Amends the Vehicle Code to provide that a
child less than 12 (instead of 6) years of age shall be
protected as required under the Child Passenger Protection
Act. Removes the provision that provides that a driver
transporting a child 6 years of age or more but less than 16
years of age in the front seat shall secure the child in a
properly adjusted and fastened seat safety belt. Amends the
Child Passenger Protection Act to provide that every person
transporting a child 4 years of age or older but under the
age of 12 (instead of 6) shall be responsible for securing
the child in a child restraint system or seat belts.
Provides that every person transporting a child under the age
of 12 years in a private passenger motor vehicle shall be
responsible for securing the child in the back seat.
Effective immediately.
LRB9001190NTsbB
LRB9001190NTsbB
1 AN ACT concerning motor vehicles, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Section 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
8 safety belts, exceptions and penalty.
9 (a) Each driver and front seat passenger of a motor
10 vehicle operated on a street or highway in this State shall
11 wear a properly adjusted and fastened seat safety belt;
12 except that, a child less than 12 6 years of age shall be
13 protected as required pursuant to the Child Passenger
14 Protection Act. Each driver of a motor vehicle transporting a
15 child 6 years of age or more, but less than 16 years of age,
16 in the front seat of the motor vehicle shall secure the child
17 in a properly adjusted and fastened seat safety belt.
18 (b) Paragraph (a) shall not apply to any of the
19 following:
20 1. A driver or passenger frequently stopping and leaving
21 the vehicle or delivering property from the vehicle, if the
22 speed of the vehicle between stops does not exceed 15 miles
23 per hour.
24 2. A driver or passenger possessing a written statement
25 from a physician that such person is unable, for medical or
26 physical reasons, to wear a seat safety belt.
27 3. A driver or passenger possessing an official
28 certificate or license endorsement issued by the appropriate
29 agency in another state or country indicating that the driver
30 is unable for medical, physical, or other valid reasons to
31 wear a seat safety belt.
-2- LRB9001190NTsbB
1 4. A driver operating a motor vehicle in reverse.
2 5. A motor vehicle with a model year prior to 1965.
3 6. A motorcycle or motor driven cycle.
4 7. A motorized pedalcycle.
5 8. A motor vehicle which is not required to be equipped
6 with seat safety belts under federal law.
7 9. A motor vehicle operated by a rural letter carrier of
8 the United States postal service while performing duties as a
9 rural letter carrier.
10 (c) Failure to wear a seat safety belt in violation of
11 this Section shall not be considered evidence of negligence,
12 shall not limit the liability of an insurer, and shall not
13 diminish any recovery for damages arising out of the
14 ownership, maintenance, or operation of a motor vehicle.
15 (d) A violation of this Section shall be a petty offense
16 and subject to a fine not to exceed $25.
17 (e) (Blank). No motor vehicle, or driver or passenger of
18 such vehicle, shall be stopped or searched by any law
19 enforcement officer solely on the basis of a violation or
20 suspected violation of this Section.
21 (Source: P.A. 85-291.)
22 Section 7. The Child Passenger Protection Act is amended
23 by changing Section 4a and adding Section 4b as follows:
24 (625 ILCS 25/4a) (from Ch. 95 1/2, par. 1104a)
25 Sec. 4a. Every person, when transporting a child 4 years
26 of age or older but under the age of 12 6, as provided in
27 Section 4 of this Act, shall be responsible for securing that
28 child in either a child restraint system or seat belts.
29 (Source: P.A. 88-17.)
30 (625 ILCS 25/4b new)
31 Sec. 4b. Child secured in back seat. Every person, when
-3- LRB9001190NTsbB
1 transporting a child under the age of 12 years in a private
2 passenger motor vehicle, shall be responsible for securing
3 that child in the back seat of the motor vehicle.
4 Section 10. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 108-1 as follows:
6 (725 ILCS 5/108-1) (from Ch. 38, par. 108-1)
7 Sec. 108-1. Search without warrant. (1) When a lawful
8 arrest is effected a peace officer may reasonably search the
9 person arrested and the area within such person's immediate
10 presence for the purpose of:
11 (a) Protecting the officer from attack; or
12 (b) Preventing the person from escaping; or
13 (c) Discovering the fruits of the crime; or
14 (d) Discovering any instruments, articles, or things
15 which may have been used in the commission of, or which may
16 constitute evidence of, an offense.
17 (2) (Blank). No motor vehicle, or driver or passenger of
18 such vehicle, shall be stopped or searched by any law
19 enforcement officer solely on the basis of a violation or
20 suspected violation of Section 12-603.1 of The Illinois
21 Vehicle Code.
22 (Source: P.A. 85-291.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.