93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2340


 
Introduced 1/28/2004, by J. Bradley Burzynski
 
SYNOPSIS AS INTRODUCED:
 		






















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




625 ILCS 25/5
  from Ch. 95 1/2, par. 1105







    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.



















LRB093 20215 DRH 45967 b




















 


 


A BILL FOR









 














SB2340

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 
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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 
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finds that
a substantial number of passengers under the age of 
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6
8 years riding in
motor
vehicles, which are most frequently 
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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 
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crashes are the leading cause of death for children
of every 
14
age from 4 to 14 years old.
The General Assembly further finds 
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that
the safety of the motoring public is seriously threatened 
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as indicated by
the significant number of traffic accidents 
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annually caused, directly or
indirectly, by driver distraction 
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or other impairment of driving ability
induced by the movement 
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or actions of unrestrained passengers under the age of
6
8

20
years.

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    It is the purpose of this Act to further protect the 
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health, safety and
welfare of motor vehicle passengers under 
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the age of 6
8 years and the
motoring
public through the proper 
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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 
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State
under the age of 4
8 years in a non-commercial motor 
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vehicle of the
first
division, a motor vehicle of the second 
30
division with a gross vehicle
weight rating of 9,000 pounds or 
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less, or a recreational vehicle on the
roadways, streets or 
 


 









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1
highways of this State, such person shall be
responsible for 
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providing for the protection of such child by properly
securing 
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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 
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shall provide a child restraint system to any person who

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transports
his or her child.  Any person who transports the 
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child of another shall not
be in violation of this Section 
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unless a child restraint system was
provided by the parent or 
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legal guardian but not used to transport the child.

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

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    A child weighing more than 40 pounds may be transported in 
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the back seat
of a motor vehicle while wearing only a lap belt 
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if the back seat of the motor
vehicle is not equipped with a 
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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 
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of age or
older but under the age of 16, as provided in Section 
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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 
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age of 18;
seat belts.  Every person under the age of 18 years, 
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when transporting a child
6
8 years of age or older but under 
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the age of 18 years, as provided in
Section 4 of this Act, 
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shall be responsible for securing that child in a
properly

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adjusted and fastened seat safety belt or an appropriate child 
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restraint
system.

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

 



 


 









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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 
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child under 6
8
years of age in an approved child restraint 
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system or properly secure the child, if age 4 or 5, in a seat 
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belt constitute contributory
negligence or
be admissible as 
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evidence in the trial of any civil action.

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