HB4691sam001 96TH GENERAL ASSEMBLY

Sen. Louis S. Viverito

Filed: 4/27/2010

09600HB4691sam001 LRB096 13645 AJT 40661 a

AMENDMENT TO HOUSE BILL 4691

AMENDMENT NO. ______. Amend House Bill 4691 by replacing everything after the enacting clause with the following:

"Section 5. The Child Passenger Protection Act is amended by changing Section 6 and by adding Section 6a as follows:

(625 ILCS 25/6) (from Ch. 95 1/2, par. 1106)

Sec. 6. Penalty.

(a) A first violation of this Act is a petty offense punishable by a fine of $75.

(b) Except as provided in subsection (d) of this Section, a person charged with a violation of Section 4 of this Act shall not be convicted if the person produces in court satisfactory evidence not more than $50 waived upon proof of possession of an approved child restraint system, as defined under this Act, and proof of completion of an instructional course on the installation of a child restraint system pursuant to Section 6a of this Act. The chief judge of each circuit may designate an officer of the court to review the documentation demonstrating that a person charged with a violation of Section 4 of this Act is in possession of an approved child restraint system and has completed an instructional course.

(c) A second or subsequent violation of this Act is a petty offense punishable by a fine of $200 not more than $100.

(d) Subsection (b) of this Section shall not apply in the case of a second or subsequent violation of this Act.

(Source: P.A. 92-173, eff. 1-1-02.)

(625 ILCS 25/6a new)

Sec. 6a. Child passenger safety instructional course.

(a) As used in this Section, "technician" means a person who has successfully completed the U.S. Department of Transportation National Highway Traffic Safety Administration's (NHTSA) standardized National Child Passenger Safety Certification Training Program and who maintains a current child passenger safety technician or technician instructor certification through the current certifying body for the National Child Passenger Safety Training Program as designated by the NHTSA.

(b) A person in violation of Section 4 of this Act may schedule a child safety instructional course with a technician. The instructional course shall include instruction on the proper installation of a child restraint system. The instructional course shall also include an inspection of the child restraint system. At the time of scheduling, the technician shall notify the person that the instructional course must be completed prior to the mandatory court appearance date on the person's citation for a violation of Section 4 of this Act.

(c) Prior to beginning the instructional course, the person must present a copy of the citation of a violation of Section 4 of this Act to the technician.

(d) The technician shall be observant for any citations with the notation "no safety seat" in the notes field and discuss with the person, for the purpose of determining the person's need for a child restraint system, the person's reasons for not transporting the child in a child restraint system.

(e) Upon completion of the instructional course to the satisfaction of the technician conducting the course, the technician shall issue a letter to the person for presentation in court. The letter shall:

(1) be printed on the technician's letterhead;

(2) indicate that the person has voluntarily participated in the instructional course and received instruction from a technician regarding the proper use of the person's child restraint system; and

(3) include (i) the date the instructional course was completed, (ii) the citation number presented to the technician under this Section, (iii) the county in which the citation was issued, and (iv) the technician's signature and technician number.".