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Full Text of SB3493  97th General Assembly

SB3493 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3493

 

Introduced 2/8/2012, by Sen. Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/12-603.1  from Ch. 95 1/2, par. 12-603.1

    Amends the Illinois Vehicle Code. Provides that failure to wear a seat safety belt shall be considered evidence of negligence (instead of "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").


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 12-603.1 as follows:
 
6    (625 ILCS 5/12-603.1)  (from Ch. 95 1/2, par. 12-603.1)
7    Sec. 12-603.1. Driver and passenger required to use safety
8belts, exceptions and penalty.
9    (a) Each driver and passenger of a motor vehicle operated
10on a street or highway in this State shall wear a properly
11adjusted and fastened seat safety belt. A child less than 8
12years of age shall be protected as required pursuant to the
13Child Passenger Protection Act. Each driver of a motor vehicle
14transporting a child 8 years of age or more, but less than 16
15years of age, shall secure the child in a properly adjusted and
16fastened seat safety belt as required under the Child Passenger
17Protection Act. Each driver of a motor vehicle transporting a
18passenger who is unable, due to infirmity, illness, or age, to
19properly adjust and fasten a seat safety belt and is not
20exempted from wearing a seat safety belt under subsection (b)
21shall secure the passenger in a properly adjusted and fastened
22seat safety belt as required under this Section.
23    (b) Paragraph (a) shall not apply to any of the following:

 

 

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1        1. A driver or passenger frequently stopping and
2    leaving the vehicle or delivering property from the
3    vehicle, if the speed of the vehicle between stops does not
4    exceed 15 miles 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
10    appropriate agency in another state or country indicating
11    that the driver is unable for medical, physical, or other
12    valid reasons to 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 moped.
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
20    of the United States postal service while performing duties
21    as a rural letter carrier.
22        10. A driver or passenger of an authorized emergency
23    vehicle.
24        11. A back seat passenger of a taxicab.
25    (c) Failure to wear a seat safety belt in violation of this
26Section shall not be considered evidence of negligence, shall

 

 

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1not limit the liability of an insurer, and shall not diminish
2any recovery for damages arising out of the ownership,
3maintenance, or operation of a motor vehicle.
4    (d) A violation of this Section shall be a petty offense
5and subject to a fine not to exceed $25.
6    (e) (Blank).
7    (f) A law enforcement officer may not search or inspect a
8motor vehicle, its contents, the driver, or a passenger solely
9because of a violation of this Section.
10(Source: P.A. 96-554, eff. 1-1-10; 96-991, eff. 1-1-11; 97-16,
11eff. 1-1-12; 97-333, eff. 8-12-11.)