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| 1 | AN ACT concerning transportation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Child Passenger Protection Act is amended by | ||||||
| 5 | changing Section 6 and by adding Section 6a as follows:
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| 6 | (625 ILCS 25/6) (from Ch. 95 1/2, par. 1106)
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| 7 | Sec. 6. Penalty. | ||||||
| 8 | (a) A first violation of this Act is a petty offense | ||||||
| 9 | punishable by a
fine of $100. | ||||||
| 10 | (b) Except as provided in subsection (d) of this Section, a | ||||||
| 11 | person charged with a violation of Section 4 of this Act shall | ||||||
| 12 | not be convicted if the person produces in court satisfactory | ||||||
| 13 | evidence not more than $50 waived upon proof of possession of | ||||||
| 14 | an
approved
child restraint system, as defined under this Act, | ||||||
| 15 | and proof of completion of a Child
Passenger Safety | ||||||
| 16 | Certification (CPSC) instructional course on
the installation | ||||||
| 17 | of a child restraint system pursuant to Section 6a of this Act. | ||||||
| 18 | The chief judge of each circuit may designate an officer of the | ||||||
| 19 | court to review the documentation demonstrating that a person | ||||||
| 20 | charged with a violation of Section 4 of this Act is in | ||||||
| 21 | possession of an
approved
child restraint system and has | ||||||
| 22 | completed a Child
Passenger Safety Certification (CPSC) | ||||||
| 23 | instructional course. | ||||||
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| 1 | (c) A second or subsequent violation
of this Act is a petty | ||||||
| 2 | offense punishable by a fine of $500 not more than $100.
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| 3 | (d) Subsection (b) of this Section shall not apply in the | ||||||
| 4 | case of a second or subsequent violation of this Act. | ||||||
| 5 | (Source: P.A. 92-173, eff. 1-1-02.)
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| 6 | (625 ILCS 25/6a new) | ||||||
| 7 | Sec. 6a. Child Passenger Safety Certification (CPSC) | ||||||
| 8 | instructional course; child restraint system inspection | ||||||
| 9 | procedure. | ||||||
| 10 | (a) As used in this Section, "technician" means a person | ||||||
| 11 | who has successfully completed the U.S. Department of
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| 12 | Transportation National Highway Traffic Safety | ||||||
| 13 | Administration's (NHTSA) standardized National Child Passenger | ||||||
| 14 | Safety Certification Training Program and who maintains a
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| 15 | current child passenger safety technician or technician | ||||||
| 16 | instructor certification through the current
certifying body | ||||||
| 17 | for the National Child Passenger Safety Training Program as | ||||||
| 18 | designated by the
NHTSA. | ||||||
| 19 | (b) A person in violation of Section 4 of this Act may | ||||||
| 20 | schedule an inspection with a technician. At the time of | ||||||
| 21 | scheduling, the technician shall notify the person that the | ||||||
| 22 | child restraint system inspection must be completed prior to | ||||||
| 23 | the mandatory court appearance date on the person's citation | ||||||
| 24 | for a violation of Section 4 of this Act. | ||||||
| 25 | (c) Prior to beginning the inspection, the person must | ||||||
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| 1 | present a copy of the citation of a violation of Section 4 of | ||||||
| 2 | this Act to the technician. | ||||||
| 3 | (d) The technician shall be observant for any citations | ||||||
| 4 | with the notation "no safety seat" in the notes field and | ||||||
| 5 | discuss with the person, for the purpose of determining the | ||||||
| 6 | person's need for a child restraint system, the person's | ||||||
| 7 | reasons for not transporting the child in a child restraint | ||||||
| 8 | system. | ||||||
| 9 | (e) Upon completion of the CPSC instructional course to the | ||||||
| 10 | satisfaction of the technician conducting the inspection, a | ||||||
| 11 | letter shall be issued to the person for presentation in court. | ||||||
| 12 | The letter shall: | ||||||
| 13 | (1) be printed on the technician's letterhead; | ||||||
| 14 | (2) indicate that the person has voluntarily | ||||||
| 15 | participated in the CPSC instructional course and received | ||||||
| 16 | instruction from a technician regarding the proper use of | ||||||
| 17 | the person's child restraint system; and | ||||||
| 18 | (3) include (i) the date the inspection was completed, | ||||||
| 19 | (ii) the citation number presented to the technician under | ||||||
| 20 | this Section, (iii) the county in which the citation was | ||||||
| 21 | issued, and (iv) the technician's signature and technician | ||||||
| 22 | number. | ||||||
| 23 | (f) Upon completion of the inspection and instruction, the | ||||||
| 24 | technician shall issue a copy of the CPSC participation letter | ||||||
| 25 | to the person.
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