|
Rep. Daniel V. Beiser
Filed: 4/8/2013
| | 09800HB1581ham002 | | LRB098 05513 MLW 43916 a |
|
|
| 1 | | AMENDMENT TO HOUSE BILL 1581
|
| 2 | | AMENDMENT NO. ______. Amend House Bill 1581, AS AMENDED, by |
| 3 | | replacing everything after the enacting clause with the |
| 4 | | following:
|
| 5 | | "Section 5. The Illinois Vehicle Code is amended by adding |
| 6 | | Section 11-1432 as follows:
|
| 7 | | (625 ILCS 5/11-1432 new) |
| 8 | | Sec. 11-1432. Unrestrained domestic animals in motor |
| 9 | | vehicles. |
| 10 | | (a) For purposes of this Section, "animal restraint system" |
| 11 | | means a device which humanely restricts the movement of a |
| 12 | | domestic animal and keeps the animal secured within a motor |
| 13 | | vehicle's passenger area during transport. These devices |
| 14 | | include, but are not limited to: animal safety harnesses, |
| 15 | | modified seat belts, tethers, and crates. |
| 16 | | (b) A driver may not operate a motor vehicle that contains |
|
| | 09800HB1581ham002 | - 2 - | LRB098 05513 MLW 43916 a |
|
|
| 1 | | a domestic animal unless that animal is secured and protected |
| 2 | | by an animal restraint system. This Section shall not apply to |
| 3 | | the following motor vehicles as defined by this Code: |
| 4 | | (1) commercial motor vehicles; |
| 5 | | (2) farm tractors; |
| 6 | | (3) implements of husbandry; and |
| 7 | | (4) farm to market agricultural transportation. |
| 8 | | (c) Failure to secure and protect a domestic animal by an |
| 9 | | animal restraint system shall not be considered evidence of |
| 10 | | negligence, shall not limit the liability of an insurer, and |
| 11 | | shall not diminish any recovery for damages arising out of the |
| 12 | | ownership, maintenance, or operation of a motor vehicle. |
| 13 | | (d) A person who violates this Section is guilty of a petty |
| 14 | | offense. First time offenders shall be issued a warning, but |
| 15 | | for any second or subsequent offense violators shall be subject |
| 16 | | to a fine not to exceed $25. |
| 17 | | (e) A law enforcement officer may not search a motor |
| 18 | | vehicle, its contents, the driver, or a passenger solely |
| 19 | | because of a violation or suspected violation of this Section.
|
| 20 | | Section 10. The Code of Criminal Procedure of 1963 is |
| 21 | | amended by changing Section 108-1 as follows:
|
| 22 | | (725 ILCS 5/108-1) (from Ch. 38, par. 108-1)
|
| 23 | | Sec. 108-1. Search without warrant.
|
| 24 | | (1) When a lawful arrest is effected a peace officer may |
|
| | 09800HB1581ham002 | - 3 - | LRB098 05513 MLW 43916 a |
|
|
| 1 | | reasonably search
the person arrested and the area
within such |
| 2 | | person's immediate presence for the purpose of:
|
| 3 | | (a) protecting the officer from attack; or
|
| 4 | | (b) preventing the person from escaping; or
|
| 5 | | (c) discovering the fruits of the crime; or
|
| 6 | | (d) discovering any instruments, articles, or things |
| 7 | | which may have been
used in the commission of, or which may |
| 8 | | constitute evidence of, an offense.
|
| 9 | | (2) (Blank).
|
| 10 | | (3) A law enforcement officer may not search or inspect a |
| 11 | | motor vehicle,
its contents, the driver, or a passenger solely |
| 12 | | because of a violation of
Section 12-603.1 of the Illinois |
| 13 | | Vehicle Code.
|
| 14 | | (4) A law enforcement officer may not search a motor |
| 15 | | vehicle,
its contents, the driver, or a passenger solely |
| 16 | | because of a violation or suspected violation of
Section |
| 17 | | 11-1432 of the Illinois Vehicle Code. |
| 18 | | (Source: P.A. 93-99, eff. 7-3-03.)".
|