HB4849 102ND GENERAL ASSEMBLY

LRB102 25446 RAM 34732 b

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.

A BILL FOR

AN ACT concerning transportation.

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

Section 5. The Illinois Vehicle Code is amended by adding Section 11-1433 as follows:

(625 ILCS 5/11-1433 new)

Sec. 11-1433. Animals in driver's lap.

(a) A person shall not hold an animal in the person's lap while operating a motor vehicle. This Section does not apply to the following motor vehicles as defined by this Code:

(1) commercial motor vehicles;

(2) farm tractors;

(3) implements of husbandry; and

(4) farm to market agricultural transportation vehicles.

(b) A person who violates this Section is guilty of a petty offense and subject to a fine of $50.

(c) A law enforcement officer shall not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation or suspected violation of this Section.

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

(725 ILCS 5/108-1) (from Ch. 38, par. 108-1)

Sec. 108-1. Search without warrant.

(1) When a lawful arrest is effected a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of:

(a) protecting the officer from attack; or

(b) preventing the person from escaping; or

(c) discovering the fruits of the crime; or

(d) discovering any instruments, articles, or things which may have been used in the commission of, or which may constitute evidence of, an offense.

(2) (Blank).

(3) A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of Section 12-603.1 of the Illinois Vehicle Code.

(4) A law enforcement officer may not search a motor vehicle, its contents, the driver, or a passenger solely because of a violation or suspected violation of Section 11-1433 of the Illinois Vehicle Code.

(Source: P.A. 93-99, eff. 7-3-03.)