Sen. Louis S. Viverito
Filed: 4/27/2010
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 4691




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    AMENDMENT NO. ______. Amend House Bill 4691 by replacing 
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everything after the enacting clause with the following:



 
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    "Section 5. The Child Passenger Protection Act is amended  
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by changing Section 6 and by adding Section 6a as follows:
 



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    (625 ILCS 25/6)  (from Ch. 95 1/2, par. 1106)



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    Sec. 6. Penalty. 
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    (a) A first violation of this Act is a petty offense 
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punishable by a
fine of $75.
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    (b) Except as provided in subsection (d) of this Section, a 
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person charged with a violation of Section 4 of this Act shall 
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not be convicted if the person produces in court satisfactory 
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evidence not more than $50 waived upon proof of possession of 
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an
approved
child restraint system, as defined under this Act, 
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and proof of completion of an instructional course on
the 
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installation of a child restraint system pursuant to Section 6a 
 


 






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of this Act. The chief judge of each circuit may designate an 
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officer of the court to review the documentation demonstrating 
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that a person charged with a violation of Section 4 of this Act 
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is in possession of an
approved
child restraint system and has 
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completed an instructional course. 
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    (c) A second or subsequent violation
of this Act is a petty 
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offense punishable by a fine of $200 not more than $100.

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    (d) Subsection (b) of this Section shall not apply in the 
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case of a second or subsequent violation of this Act. 
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(Source: P.A. 92-173, eff. 1-1-02.)

 
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    (625 ILCS 25/6a new)
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    Sec. 6a. Child passenger safety instructional course.
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    (a) As used in this Section, "technician" means a person 
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who has successfully completed the U.S. Department of

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Transportation National Highway Traffic Safety 
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Administration's (NHTSA) standardized National Child Passenger 
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Safety Certification Training Program and who maintains a

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current child passenger safety technician or technician 
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instructor certification through the current
certifying body 
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for the National Child Passenger Safety Training Program as 
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designated by the
NHTSA. 
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    (b) A person in violation of Section 4 of this Act  may 
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schedule a child safety instructional course with a technician. 
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The instructional course shall include instruction on the 
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proper installation of a child restraint system. The 
 


 






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instructional course shall also include an inspection of the 
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child restraint system. At the time of scheduling, the 
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technician shall notify the person that the instructional 
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course must be completed prior to the mandatory court 
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appearance date on the person's citation for a violation of 
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Section 4 of this Act.
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    (c) Prior to beginning the instructional course, the person 
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must present a copy of the citation of a violation of Section 4 
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of this Act to the technician.
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    (d) The technician shall be observant for any citations 
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with the notation "no safety seat" in the notes field and 
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discuss with the person, for the purpose of determining the 
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person's need for a child restraint system, the person's 
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reasons for not transporting the child in a child restraint 
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system.
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    (e) Upon completion of the instructional course to the 
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satisfaction of the technician conducting the course, the 
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technician shall issue a letter to the person for presentation 
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in court. The letter shall:
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        (1) be printed on the technician's letterhead;
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        (2) indicate that the person has voluntarily 
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    participated in the instructional course and received 
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    instruction from a technician regarding the proper use of 
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    the person's child restraint system; and
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        (3) include (i) the date the instructional course was 
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    completed, (ii) the citation number presented to the 
 


 






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    technician under this Section, (iii) the county in which 
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    the citation was issued, and (iv) the technician's 
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    signature and technician number.".