Public Act 93-0099
SB50 Enrolled LRB093 02135 DRH 02142 b
AN ACT concerning vehicles.
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
changing Section 12-603.1 as follows:
(625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
Sec. 12-603.1. Driver and passenger required to use
safety belts, exceptions and penalty.
(a) Each driver and front seat passenger of a motor
vehicle operated on a street or highway in this State shall
wear a properly adjusted and fastened seat safety belt;
except that, a child less than 6 years of age shall be
protected as required pursuant to the Child Passenger
Protection Act. Each driver under the age of 18 years and
each of the driver's passengers under the age of 18 years of
a motor vehicle operated on a street or highway in this State
shall wear a properly adjusted and fastened seat safety belt.
Each driver of a motor vehicle transporting a child 6 years
of age or more, but less than 16 years of age, in the front
seat of the motor vehicle shall secure the child in a
properly adjusted and fastened seat safety belt.
(b) Paragraph (a) shall not apply to any of the
following:
1. A driver or passenger frequently stopping and
leaving the vehicle or delivering property from the
vehicle, if the speed of the vehicle between stops does
not exceed 15 miles per hour.
2. A driver or passenger possessing a written
statement from a physician that such person is unable,
for medical or physical reasons, to wear a seat safety
belt.
3. A driver or passenger possessing an official
certificate or license endorsement issued by the
appropriate agency in another state or country indicating
that the driver is unable for medical, physical, or other
valid reasons to wear a seat safety belt.
4. A driver operating a motor vehicle in reverse.
5. A motor vehicle with a model year prior to 1965.
6. A motorcycle or motor driven cycle.
7. A motorized pedalcycle.
8. A motor vehicle which is not required to be
equipped with seat safety belts under federal law.
9. A motor vehicle operated by a rural letter
carrier of the United States postal service while
performing duties as a rural letter carrier.
(c) Failure to wear a seat safety belt in violation of
this Section shall not be considered evidence of negligence,
shall not limit the liability of an insurer, and shall not
diminish any recovery for damages arising out of the
ownership, maintenance, or operation of a motor vehicle.
(d) A violation of this Section shall be a petty offense
and subject to a fine not to exceed $25.
(e) (Blank) No motor vehicle, or driver or passenger of
such vehicle, shall be stopped or searched by any law
enforcement officer solely on the basis of a violation or
suspected violation of this Section.
(f) 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 this Section.
(Source: P.A. 90-369, eff. 1-1-98.)
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) No motor vehicle, or driver or passenger of
such vehicle, shall be stopped or searched by any law
enforcement officer solely on the basis of a violation or
suspected violation of Section 12-603.1 of The Illinois
Vehicle Code.
(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.
(Source: P.A. 85-291.)
Section 99. Effective date. This Act takes effect upon
becoming law.