093_HB0218enr

 
HB0218 Enrolled                      LRB093 05139 DRH 05199 b

 1        AN ACT concerning vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Section 12-603.1 as follows:

 6        (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
 7        Sec.  12-603.1.   Driver  and  passenger  required to use
 8    safety belts, exceptions and penalty.
 9        (a)  Each driver and front  seat  passenger  of  a  motor
10    vehicle  operated  on a street or highway in this State shall
11    wear a properly  adjusted  and  fastened  seat  safety  belt;
12    except  that,  a  child  less  than  6  years of age shall be
13    protected  as  required  pursuant  to  the  Child   Passenger
14    Protection  Act.  Each  driver  under the age of 18 years and
15    each of the driver's passengers under the age of 18 years  of
16    a motor vehicle operated on a street or highway in this State
17    shall wear a properly adjusted and fastened seat safety belt.
18    Each  driver  of a motor vehicle transporting a child 6 years
19    of age or more, but less than 16 years of age, in  the  front
20    seat  of  the  motor  vehicle  shall  secure  the  child in a
21    properly adjusted and fastened seat safety belt.
22        (b)  Paragraph  (a)  shall  not  apply  to  any  of   the
23    following:
24             1.  A  driver  or  passenger frequently stopping and
25        leaving the  vehicle  or  delivering  property  from  the
26        vehicle,  if  the speed of the vehicle between stops does
27        not exceed 15 miles per hour.
28             2.  A  driver  or  passenger  possessing  a  written
29        statement from a physician that such  person  is  unable,
30        for  medical  or  physical reasons, to wear a seat safety
31        belt.
 
HB0218 Enrolled             -2-      LRB093 05139 DRH 05199 b
 1             3.  A driver or  passenger  possessing  an  official
 2        certificate   or   license   endorsement  issued  by  the
 3        appropriate agency in another state or country indicating
 4        that the driver is unable for medical, physical, or other
 5        valid reasons to wear a seat safety belt.
 6             4.  A driver operating a motor vehicle in reverse.
 7             5.  A motor vehicle with a model year prior to 1965.
 8             6.  A motorcycle or motor driven cycle.
 9             7.  A motorized pedalcycle.
10             8.  A motor vehicle which  is  not  required  to  be
11        equipped with seat safety belts under federal law.
12             9.  A  motor  vehicle  operated  by  a  rural letter
13        carrier  of  the  United  States  postal  service   while
14        performing duties as a rural letter carrier.
15        (c)  Failure  to  wear a seat safety belt in violation of
16    this Section shall not be considered evidence of  negligence,
17    shall  not  limit  the liability of an insurer, and shall not
18    diminish  any  recovery  for  damages  arising  out  of   the
19    ownership, maintenance, or operation of a motor vehicle.
20        (d)  A violation of this Section shall be a petty offense
21    and subject to a fine not to exceed $25.
22        (e)  (Blank)  No motor vehicle, or driver or passenger of
23    such vehicle,  shall  be  stopped  or  searched  by  any  law
24    enforcement  officer  solely  on  the basis of a violation or
25    suspected violation of this Section.
26        (f)  A law enforcement officer may not search or  inspect
27    a  motor  vehicle,  its  contents, the driver, or a passenger
28    solely because of a violation of this Section.
29    (Source: P.A. 90-369, eff. 1-1-98.)

30        Section 10.  The Code of Criminal Procedure  of  1963  is
31    amended by changing Section 108-1 as follows:

32        (725 ILCS 5/108-1) (from Ch. 38, par. 108-1)
 
HB0218 Enrolled             -3-      LRB093 05139 DRH 05199 b
 1        Sec.  108-1.  Search  without  warrant. (1) When a lawful
 2    arrest is effected a peace officer may reasonably search  the
 3    person  arrested  and the area within such person's immediate
 4    presence for the purpose of:
 5        (a)  Protecting the officer from attack; or
 6        (b)  Preventing the person from escaping; or
 7        (c)  Discovering the fruits of the crime; or
 8        (d)  Discovering any  instruments,  articles,  or  things
 9    which  may  have been used in the commission of, or which may
10    constitute evidence of, an offense.
11        (2)  (Blank) No motor vehicle, or driver or passenger  of
12    such  vehicle,  shall  be  stopped  or  searched  by  any law
13    enforcement officer solely on the basis  of  a  violation  or
14    suspected  violation  of  Section  12-603.1  of  The Illinois
15    Vehicle Code.
16        (3)  A law enforcement officer may not search or  inspect
17    a  motor  vehicle,  its  contents, the driver, or a passenger
18    solely because of a violation  of  Section  12-603.1  of  the
19    Illinois Vehicle Code.
20    (Source: P.A. 85-291.)

21        Section  99.  Effective  date. This Act takes effect upon
22    becoming law.