Sen. Louis S. Viverito
Filed: 4/27/2010
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| 1 | AMENDMENT TO HOUSE BILL 4691
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| 2 | AMENDMENT NO. ______. Amend House Bill 4691 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Child Passenger Protection Act is amended | ||||||
| 5 | by 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 $75. | ||||||
| 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 an instructional course on
the | ||||||
| 16 | installation of a child restraint system pursuant to Section 6a | ||||||
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| 1 | of this Act. The chief judge of each circuit may designate an | ||||||
| 2 | officer of the court to review the documentation demonstrating | ||||||
| 3 | that a person charged with a violation of Section 4 of this Act | ||||||
| 4 | is in possession of an
approved
child restraint system and has | ||||||
| 5 | completed an instructional course. | ||||||
| 6 | (c) A second or subsequent violation
of this Act is a petty | ||||||
| 7 | offense punishable by a fine of $200 not more than $100.
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| 8 | (d) Subsection (b) of this Section shall not apply in the | ||||||
| 9 | case of a second or subsequent violation of this Act. | ||||||
| 10 | (Source: P.A. 92-173, eff. 1-1-02.)
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| 11 | (625 ILCS 25/6a new) | ||||||
| 12 | Sec. 6a. Child passenger safety instructional course. | ||||||
| 13 | (a) As used in this Section, "technician" means a person | ||||||
| 14 | who has successfully completed the U.S. Department of
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| 15 | Transportation National Highway Traffic Safety | ||||||
| 16 | Administration's (NHTSA) standardized National Child Passenger | ||||||
| 17 | Safety Certification Training Program and who maintains a
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| 18 | current child passenger safety technician or technician | ||||||
| 19 | instructor certification through the current
certifying body | ||||||
| 20 | for the National Child Passenger Safety Training Program as | ||||||
| 21 | designated by the
NHTSA. | ||||||
| 22 | (b) A person in violation of Section 4 of this Act may | ||||||
| 23 | schedule a child safety instructional course with a technician. | ||||||
| 24 | The instructional course shall include instruction on the | ||||||
| 25 | proper installation of a child restraint system. The | ||||||
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| 1 | instructional course shall also include an inspection of the | ||||||
| 2 | child restraint system. At the time of scheduling, the | ||||||
| 3 | technician shall notify the person that the instructional | ||||||
| 4 | course must be completed prior to the mandatory court | ||||||
| 5 | appearance date on the person's citation for a violation of | ||||||
| 6 | Section 4 of this Act. | ||||||
| 7 | (c) Prior to beginning the instructional course, the person | ||||||
| 8 | must present a copy of the citation of a violation of Section 4 | ||||||
| 9 | of this Act to the technician. | ||||||
| 10 | (d) The technician shall be observant for any citations | ||||||
| 11 | with the notation "no safety seat" in the notes field and | ||||||
| 12 | discuss with the person, for the purpose of determining the | ||||||
| 13 | person's need for a child restraint system, the person's | ||||||
| 14 | reasons for not transporting the child in a child restraint | ||||||
| 15 | system. | ||||||
| 16 | (e) Upon completion of the instructional course to the | ||||||
| 17 | satisfaction of the technician conducting the course, the | ||||||
| 18 | technician shall issue a letter to the person for presentation | ||||||
| 19 | in court. The letter shall: | ||||||
| 20 | (1) be printed on the technician's letterhead; | ||||||
| 21 | (2) indicate that the person has voluntarily | ||||||
| 22 | participated in the instructional course and received | ||||||
| 23 | instruction from a technician regarding the proper use of | ||||||
| 24 | the person's child restraint system; and | ||||||
| 25 | (3) include (i) the date the instructional course was | ||||||
| 26 | completed, (ii) the citation number presented to the | ||||||
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| 1 | technician under this Section, (iii) the county in which | ||||||
| 2 | the citation was issued, and (iv) the technician's | ||||||
| 3 | signature and technician number.".
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