093_SB0050enr

 
SB50 Enrolled                        LRB093 02135 DRH 02142 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.
 
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 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)
 
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 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.