102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4849

 

Introduced 1/27/2022, by Rep. Jawaharial Williams

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-1433 new
725 ILCS 5/108-1  from Ch. 38, par. 108-1

    Amends the Illinois Vehicle Code. Provides that a person shall not hold an animal in the person's lap while operating a motor vehicle. Provides that a person who holds an animal in the person's lap while operating a motor vehicle is guilty of a petty offense and is subject to a fine of $50. Provides that a law enforcement officer shall not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because the driver holds an animal on the lap or is suspected of doing so. Makes corresponding changes in the Illinois Criminal Code.


LRB102 25446 RAM 34732 b

 

 

A BILL FOR

 

HB4849LRB102 25446 RAM 34732 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by adding
5Section 11-1433 as follows:
 
6    (625 ILCS 5/11-1433 new)
7    Sec. 11-1433. Animals in driver's lap.
8    (a) A person shall not hold an animal in the person's lap
9while operating a motor vehicle. This Section does not apply
10to the following motor vehicles as defined by this Code:
11        (1) commercial motor vehicles;
12        (2) farm tractors;
13        (3) implements of husbandry; and
14        (4) farm to market agricultural transportation
15    vehicles.
16    (b) A person who violates this Section is guilty of a petty
17offense and subject to a fine of $50.
18    (c) A law enforcement officer shall not search or inspect
19a motor vehicle, its contents, the driver, or a passenger
20solely because of a violation or suspected violation of this
21Section.
 
22    Section 10. The Code of Criminal Procedure of 1963 is

 

 

HB4849- 2 -LRB102 25446 RAM 34732 b

1amended by changing Section 108-1 as follows:
 
2    (725 ILCS 5/108-1)  (from Ch. 38, par. 108-1)
3    Sec. 108-1. Search without warrant.
4    (1) When a lawful arrest is effected a peace officer may
5reasonably search the person arrested and the area within such
6person's immediate presence for the purpose of:
7        (a) protecting the officer from attack; or
8        (b) preventing the person from escaping; or
9        (c) discovering the fruits of the crime; or
10        (d) discovering any instruments, articles, or things
11    which may have been used in the commission of, or which may
12    constitute evidence of, an offense.
13    (2) (Blank).
14    (3) A law enforcement officer may not search or inspect a
15motor vehicle, its contents, the driver, or a passenger solely
16because of a violation of Section 12-603.1 of the Illinois
17Vehicle Code.
18    (4) A law enforcement officer may not search a motor
19vehicle, its contents, the driver, or a passenger solely
20because of a violation or suspected violation of Section
2111-1433 of the Illinois Vehicle Code.
22(Source: P.A. 93-99, eff. 7-3-03.)