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90_HB0492ham001
LRB9002281NTsbam
1 AMENDMENT TO HOUSE BILL 492
2 AMENDMENT NO. . Amend House Bill 492 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT concerning vehicles, amending named Acts."; and
5 on page 1, below line 4, by inserting the following:
6 "Section 3. The Illinois Vehicle Code is amended by
7 changing Section 12-603.1 as follows:
8 (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
9 Sec. 12-603.1. Driver and passenger required to use
10 safety belts, exceptions and penalty.
11 (a) Each driver and front seat passenger of a motor
12 vehicle operated on a street or highway in this State shall
13 wear a properly adjusted and fastened seat safety belt;
14 except that, a child less than 12 6 years of age shall be
15 protected as required pursuant to the Child Passenger
16 Protection Act. Each driver of a motor vehicle transporting a
17 child 12 6 years of age or more, but less than 16 years of
18 age, in the front seat of the motor vehicle shall secure the
19 child in a properly adjusted and fastened seat safety belt.
20 (b) Paragraph (a) shall not apply to any of the
21 following:
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1 1. A driver or passenger frequently stopping and leaving
2 the vehicle or delivering property from the vehicle, if the
3 speed of the vehicle between stops does not exceed 15 miles
4 per hour.
5 2. A driver or passenger possessing a written statement
6 from a physician that such person is unable, for medical or
7 physical reasons, to wear a seat safety belt.
8 3. A driver or passenger possessing an official
9 certificate or license endorsement issued by the appropriate
10 agency in another state or country indicating that the driver
11 is unable for medical, physical, or other valid reasons to
12 wear a seat safety belt.
13 4. A driver operating a motor vehicle in reverse.
14 5. A motor vehicle with a model year prior to 1965.
15 6. A motorcycle or motor driven cycle.
16 7. A motorized pedalcycle.
17 8. A motor vehicle which is not required to be equipped
18 with seat safety belts under federal law.
19 9. A motor vehicle operated by a rural letter carrier of
20 the United States postal service while performing duties as a
21 rural letter carrier.
22 (c) Failure to wear a seat safety belt in violation of
23 this Section shall not be considered evidence of negligence,
24 shall not limit the liability of an insurer, and shall not
25 diminish any recovery for damages arising out of the
26 ownership, maintenance, or operation of a motor vehicle.
27 (d) A violation of this Section shall be a petty offense
28 and subject to a fine not to exceed $25.
29 (e) No motor vehicle, or driver or passenger of such
30 vehicle, shall be stopped or searched by any law enforcement
31 officer solely on the basis of a violation or suspected
32 violation of this Section.
33 (Source: P.A. 85-291.)"; and
34 on page 1, by replacing line 6 with "by changing Section 4a
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1 and adding Section 4b as follows:"; and
2 on page 1, by deleting lines 7 through 30; and
3 on page 2, line 3, by replacing "6" with "12 6"; and
4 on page 2, line 5, by deleting "If"; and
5 on page 2, by deleting lines 6 through 9; and
6 on page 2, below line 10, by inserting the following:
7 "(625 ILCS 25/4b new)
8 Sec. 4b. Child secured in back seat. Every person, when
9 transporting a child under the age of 12 years, shall be
10 responsible for securing that child as provided in this Act
11 in the back seat of a motor vehicle if the motor vehicle has
12 a back seat. However, a child under the age of 12 years may
13 be placed in the front seat of the motor vehicle if children
14 younger than this child are occupying all of the back
15 seating.".