Public Act 93-0100

SB52 Enrolled                        LRB093 02134 DRH 02141 b

    AN ACT in relation to vehicles.

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

    Section 5.  The Child Passenger Protection Act is amended
by changing Sections 2, 4, 4a, 4b, and 5 as follows:

    (625 ILCS 25/2) (from Ch. 95 1/2, par. 1102)
    Sec.  2.   Legislative  Finding  -  Purpose.  The General
Assembly finds that a substantial number of passengers  under
the age of 8 6 years riding in motor vehicles, which are most
frequently  operated  by  a  parent,  annually die or sustain
serious physical injury as  a  direct  result  of  not  being
placed  in an appropriate a child passenger restraint system.
Motor vehicle crashes are the  leading  cause  of  death  for
children  of  every  age  from 4 to 14 years old. The General
Assembly further finds that the safety of the motoring public
is seriously  threatened  as  indicated  by  the  significant
number  of  traffic  accidents  annually  caused, directly or
indirectly, by driver  distraction  or  other  impairment  of
driving  ability  induced  by  the  movement  or  actions  of
unrestrained passengers under the age of 8 6 years.
    It  is  the  purpose  of  this Act to further protect the
health, safety and welfare of motor vehicle passengers  under
the  age  of  8  6  years and the motoring public through the
proper utilization of approved child restraint systems.
(Source: P.A. 83-8.)

    (625 ILCS 25/4) (from Ch. 95 1/2, par. 1104)
    Sec. 4.  When any person is transporting a child in  this
State  under  the  age of 8 4 years in a non-commercial motor
vehicle of the first division, a motor vehicle of the  second
division  with  a gross vehicle weight rating of 9,000 pounds
or less, or a recreational vehicle on the  roadways,  streets
or  highways  of this State, such person shall be responsible
for providing for the protection of such  child  by  properly
securing  him  or  her  in  an  appropriate a child restraint
system. The parent or legal guardian of a child under the age
of 8 4 years shall provide a child restraint  system  to  any
person  who  transports  his  or  her  child.  Any person who
transports the child of another shall not be in violation  of
this  Section unless a child restraint system was provided by
the parent or legal guardian but not used  to  transport  the
child.
    For  purposes  of  this Section and Section 4b 4a, "child
restraint system" means any device which meets the  standards
of the United States Department of Transportation designed to
restrain,  seat  or  position children, which also includes a
booster seat.
    A child weighing more than 40 pounds may  be  transported
in  the back seat of a motor vehicle while wearing only a lap
belt if the back seat of the motor vehicle  is  not  equipped
with a combination lap and shoulder belt.
(Source: P.A. 88-17.)

    (625 ILCS 25/4a) (from Ch. 95 1/2, par. 1104a)
    Sec.  4a.  Every  person,  when  transporting a child 8 4
years of age or older but under the age of 16, as provided in
Section 4 of this Act,  shall  be  responsible  for  properly
securing  that  child  in  either a child restraint system or
seat belts.
(Source: P.A. 92-171, eff. 1-1-02.)

    (625 ILCS 25/4b)
    Sec. 4b.  Children 8 6 years of age or  older  but  under
the  age of 18; seat belts.  Every person under the age of 18
years, when transporting a child 8 6 years of  age  or  older
but  under  the  age of 18 years, as provided in Section 4 of
this Act, shall be responsible for securing that child  in  a
properly  adjusted  and  fastened  seat  safety  belt  or  an
appropriate child restraint system.
(Source: P.A. 90-369, eff. 1-1-98.)

    (625 ILCS 25/5) (from Ch. 95 1/2, par. 1105)
    Sec. 5.  In no event shall a person's failure to secure a
child  under  8 6 years of age in an approved child restraint
system or properly secure such child, if age 4  or  5,  in  a
seat belt constitute contributory negligence or be admissible
as evidence in the trial of any civil action.
(Source: P.A. 86-1241.)