Sen. Ira I. Silverstein
Filed: 3/5/2010
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2627 




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    AMENDMENT NO. ______. Amend Senate Bill 2627, AS AMENDED, 
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by replacing everything after the enacting clause with the 
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following:
 
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    "Section 5. The Illinois Vehicle Code is amended  by adding 
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Sections 1-148.3f and 11-1517 as follows:
 
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    (625 ILCS 5/1-148.3f new)
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    Sec. 1-148.3f. Multipurpose public path. A right-of-way 
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under the jurisdiction and control of this State or local 
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authorities for use primarily by bicycles or pedestrians or 
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both.
 
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    (625 ILCS 5/11-1517 new)
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    Sec. 11-1517. Bicycle helmets and safety seats.
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    (a) The purpose of this Section is to reduce the incidence 
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of disability and death resulting from injuries incurred in 
 


 






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bicycling accidents by requiring that, while riding on a 
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bicycle on state highways, streets and sidewalks, all bicycle 
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operators and passengers under 16 years of age wear approved 
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protective bicycle helmets; and that all bicycle passengers who 
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weigh less than 40 pounds or who are less than 40 inches in 
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height be seated in separate restraining seats.
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    (b) As used in this Section:
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    "Bicycle safety seat" means a seat, separate from that of 
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the operator of the bicycle, that is fastened securely to the 
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frame of the bicycle and is adequately equipped to restrain the 
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passenger in the seat and protect the passenger from the moving 
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parts of the bicycle. 
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    "Other public right-of-way" means any right-of-way other 
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than a highway or  multipurpose public path that is under the 
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jurisdiction and control of this State or local authorities and 
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is designed for use and used by vehicular or pedestrian traffic 
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or both. 
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    "Passenger" means any person who travels on a bicycle in 
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any manner except as an operator. 
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    "Protective bicycle helmet" means a piece of headgear which 
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meets or exceeds the impact standards for protective bicycle 
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helmets set by:
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        (1) the U.S. Consumer Product Safety Commission for 
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    headgear purchased on or after March 10, 1999; or
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        (2) the American National Standards Institute (ANSI), 
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    the American Society of Testing and Materials (ASTM), or 
 


 






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    the Snell Memorial Foundation for headgear purchased 
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    before March 10, 1999. 
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    (c) It shall be unlawful for any person under the age of 16 
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to operate or be a passenger on a bicycle on a highway, 
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multipurpose public path, or other public right-of-way unless 
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at all times when the person is so-engaged he or she wears a 
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protective bicycle helmet of good fit fastened securely upon 
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the head with the straps of the helmet.
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    (d) It shall be unlawful for any person to be a passenger 
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on a bicycle on a highway, multipurpose public path, or other 
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public right-of-way unless, with respect to any person who 
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weighs fewer than 40 pounds or is less than 40 inches  in 
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height, the person can be and is properly seated in and 
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adequately secured to a bicycle safety seat.
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    (e) It shall be unlawful for any parent or legal guardian 
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of a person below the age of 12 to permit the person to operate 
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or be a passenger on a bicycle in violation of subsections (c) 
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or (d) of this Section. A person violating this subsection is 
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subject to a civil penalty not exceeding $2. In the case of a 
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first offense in a 12 month period, the court shall waive the 
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civil penalty upon receipt of satisfactory proof that the 
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person in violation of this subsection has since the date of 
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the violation purchased or otherwise obtained an appropriate 
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protective bicycle helmet or bicycle safety seat.
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    (f) In no event shall failure to wear a protective bicycle 
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helmet or to secure a passenger to a restraining seat be 
 


 






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admissible as evidence in a trial of any civil action. 
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    (g) A law enforcement officer observing any violation of 
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this Section shall issue a
warning to the person and shall not 
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arrest or take into
custody
any person solely for a violation 
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of this Section. 
 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".