State of Illinois
91st General Assembly
Legislation

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91_SB1548

 
                                               LRB9111371DJtm

 1        AN ACT in relation to civil liabilities.

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

 4        Section 5. The Illinois Vehicle Code is amended by adding
 5    Section 11-1403.4 and changing Section 12-603.1  as follows:

 6        (625 ILCS 5/11-1403.4 new)
 7        Sec.  11-1403.4.  Helmets;  damages.  Damages  cause by a
 8    person's failure to wear a protective helmet while riding  on
 9    a  motorcycle,  motor-driven  cycle,  or motorized pedalcycle
10    shall not be recoverable in any civil action.

11        (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
12        Sec. 12-603.1.  Driver  and  passenger  required  to  use
13    safety belts, exceptions and penalty.
14        (a)  Each  driver  and  front  seat  passenger of a motor
15    vehicle operated on a street or highway in this  State  shall
16    wear  a  properly  adjusted  and  fastened  seat safety belt;
17    except that, a child less  than  6  years  of  age  shall  be
18    protected   as  required  pursuant  to  the  Child  Passenger
19    Protection Act. Each driver under the age  of  18  years  and
20    each  of the driver's passengers under the age of 18 years of
21    a motor vehicle operated on a street or highway in this State
22    shall wear a properly adjusted and fastened seat safety belt.
23    Each driver of a motor vehicle transporting a child  6  years
24    of  age  or more, but less than 16 years of age, in the front
25    seat of the  motor  vehicle  shall  secure  the  child  in  a
26    properly adjusted and fastened seat safety belt.
27        (b)  Paragraph   (a)  shall  not  apply  to  any  of  the
28    following:
29             1.  A driver or passenger  frequently  stopping  and
30        leaving  the  vehicle  or  delivering  property  from the
 
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 1        vehicle, if the speed of the vehicle between  stops  does
 2        not exceed 15 miles per hour.
 3             2.  A  driver  or  passenger  possessing  a  written
 4        statement  from  a  physician that such person is unable,
 5        for medical or physical reasons, to wear  a  seat  safety
 6        belt.
 7             3.  A  driver  or  passenger  possessing an official
 8        certificate  or  license  endorsement   issued   by   the
 9        appropriate agency in another state or country indicating
10        that the driver is unable for medical, physical, or other
11        valid reasons to wear a seat safety belt.
12             4.  A driver operating a motor vehicle in reverse.
13             5.  A motor vehicle with a model year prior to 1965.
14             6.  A motorcycle or motor driven cycle.
15             7.  A motorized pedalcycle.
16             8.  A  motor  vehicle  which  is  not required to be
17        equipped with seat safety belts under federal law.
18             9.  A motor  vehicle  operated  by  a  rural  letter
19        carrier   of  the  United  States  postal  service  while
20        performing duties as a rural letter carrier.
21        (c)  Blank.  Failure  to  wear  a  seat  safety  belt  in
22    violation of this Section shall not be considered evidence of
23    negligence, shall not limit the liability of an insurer,  and
24    shall  not  diminish  any recovery for damages arising out of
25    the ownership, maintenance, or operation of a motor vehicle.
26        (d)  A violation of this Section shall be a petty offense
27    and subject to a fine not to exceed $25.
28        (e)  No motor vehicle, or driver  or  passenger  of  such
29    vehicle,  shall be stopped or searched by any law enforcement
30    officer solely on the  basis  of  a  violation  or  suspected
31    violation of this Section.
32    (Source: P.A. 90-369, eff. 1-1-98.)

33        Section  10.   The  Child  Passenger  Protection  Act  is
 
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 1    amended by changing Section 5 as follows:

 2        (625 ILCS 25/5) (from Ch. 95 1/2, par. 1105)
 3        Sec.  5.   Any  damages  caused  by  In  no event shall a
 4    person's failure to secure a child under 6 years of age in an
 5    approved child  restraint  system  or  properly  secure  such
 6    child, if age 4 or 5, in a seat belt shall not be recoverable
 7    in  any  civil action brought by or on behalf of such child's
 8    parent or any person or entity standing in loco  parentis  to
 9    such   child   constitute   contributory   negligence  or  be
10    admissible as evidence in the trial of any civil action.
11    (Source: P.A. 86-1241.)

12        Section 15.   The  Local  Governmental  and  Governmental
13    Employees  Tort  Immunity Act is amended by changing Sections
14    2-202, 3-102, and 3-105 and adding Section 4-108 as follows:

15        (745 ILCS 10/2-202) (from Ch. 85, par. 2-202)
16        Sec. 2-202. Execution or enforcement of law.
17        (a)  A public employee is  not  liable  for  his  act  or
18    omission  in  the  execution or enforcement of any law unless
19    such act or omission constitutes willful and wanton conduct.
20        (b)  A public employee responsible for keeping the  peace
21    shall  not  be liable for any act or omission related to that
22    responsibility unless the act or omission constitutes willful
23    and wanton conduct.
24        (c)  Nothing in this Section  shall  limit  or  otherwise
25    modify any other immunity granted in this Act.
26    (Source: P.A. 84-1431.)

27        (745 ILCS 10/3-102) (from Ch. 85, par. 3-102)
28        Sec.  3-102.  (a)  Except  as  otherwise provided in this
29    Article, a local public  entity  has  the  duty  to  exercise
30    ordinary  care  to maintain its property in a reasonably safe
 
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 1    condition for the use in the exercise  of  ordinary  care  of
 2    people  whom  the  entity  intended  and permitted to use the
 3    property in a manner in which and at such  times  as  it  was
 4    reasonably  foreseeable  that it would be used, and shall not
 5    be liable for injury unless it is proven that it  has  actual
 6    or  constructive  notice of the existence of such a condition
 7    that is not reasonably safe in reasonably adequate time prior
 8    to an injury to have taken  measures  to  remedy  or  protect
 9    against  such  condition. Notwithstanding any other provision
10    of this Article, a local public entity owes no duty  of  care
11    when  its  property  is  used  by any person who is under the
12    influence of alcohol or any  other  drug  or  combination  of
13    drugs  that  renders  the  person  incapable  of safely using
14    public  property,  or  to   a   person   when   the   alcohol
15    concentration  in  the  person's  blood  at  the  time of the
16    person's injury is 0.08 or more based on  the  definition  of
17    blood  and breath units in the Illinois Vehicle Code, or when
18    there is any amount of a drug, substance, or compound in  the
19    person's blood resulting from the unlawful use of cannabis as
20    provided   in  the  Cannabis  Control  Act  or  a  controlled
21    substance as provided in the Illinois  Controlled  Substances
22    Act.
23        (b)  A public entity does not have constructive notice of
24    a  condition  of  its  property  that  is not reasonably safe
25    within the meaning of  Section  3-102(a)  if  it  establishes
26    either:
27        (1)  The  existence of the condition and its character of
28    not being reasonably safe would not have been  discovered  by
29    an inspection system that was reasonably adequate considering
30    the practicability and cost of inspection weighed against the
31    likelihood  and  magnitude  of  the potential danger to which
32    failure to inspect would  give  rise  to  inform  the  public
33    entity  whether the property was safe for the use or uses for
34    which the public entity used or intended others  to  use  the
 
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 1    public  property and for uses that the public entity actually
 2    knew others were making of the public  property  or  adjacent
 3    property; or
 4        (2)  The  public  entity  maintained and operated such an
 5    inspection system with due care  and  did  not  discover  the
 6    condition.
 7    (Source: P.A. 84-1431.)

 8        (745 ILCS 10/3-105) (from Ch. 85, par. 3-105)
 9        Sec.  3-105.   (a)  Neither  a  local public entity nor a
10    public employee is liable for an injury caused by the  effect
11    of  weather  conditions  as  such  on  the  use  of  streets,
12    highways,  alleys, sidewalks or other public ways, or places,
13    or the ways adjoining any of the foregoing, or  the  signals,
14    signs,  markings,  traffic  or  pedestrian  control  devices,
15    equipment  or  structures  on or near any of the foregoing or
16    the ways adjoining any of the foregoing. For the  purpose  of
17    this  section,  the  effect  of  weather  conditions  as such
18    includes but is not limited to  the  effect  of  wind,  rain,
19    flood, hail, ice or snow but does not include physical damage
20    to  or deterioration of streets, highways, alleys, sidewalks,
21    or other public ways or place or the ways  adjoining  any  of
22    the  foregoing,  or  the signals, signs, markings, traffic or
23    pedestrian control devices, equipment  or  structures  on  or
24    near  any  of  the foregoing or the ways adjoining any of the
25    foregoing resulting from weather conditions.
26        (b)  Without implied limitation, neither a  local  public
27    entity  nor a public employee is liable for any injury caused
28    by the failure of a local public entity or a public  employee
29    to  upgrade  any existing street, highway, alley, sidewalk or
30    other public way or place, or the ways adjoining any  of  the
31    foregoing,  or  the  signals,  signs,  markings,  traffic  or
32    pedestrian  control  devices,  equipment  or structures on or
33    near such street, highway, alley, sidewalk  or  other  public
 
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 1    way or place, or the ways adjoining any of the foregoing from
 2    the  standards,  if  any,  which  existed  at the time of the
 3    original dedication to, or acquisition of, the right  of  way
 4    of  such street, highway, alley, sidewalk or other public way
 5    or place, or the ways adjoining any of the foregoing, by  the
 6    first local public entity to acquire the property or right of
 7    way,  to  standards  which  are  or  may be applicable or are
 8    imposed by any government or  other  person  or  organization
 9    between  the  time  of  such  dedication and the time of such
10    injury.
11        (c)  Neither a local public entity nor a public  employee
12    or agent of a local public entity or any other person engaged
13    by  such  an  entity,  employee,  or  agent  that  removes or
14    attempts to remove snow or ice from any street, sidewalk,  or
15    other  public way shall be liable for any injury that results
16    from any condition created by  that  undertaking  unless  the
17    entity, employee, agent, or other person's alleged misconduct
18    was willful and wanton. Nothing in this Section shall relieve
19    the local public entity of the duty to exercise ordinary care
20    in  the  maintenance  of its property as set forth in Section
21    3-102.
22    (Source: P.A. 84-1431.)

23        (745 ILCS 10/4-108 new)
24        Sec.  4-108.  Unlawful   conduct   of   another   person;
25    contribution.  Neither  a  local  public  entity nor a public
26    employee is liable to pay that portion  of  damages  that  is
27    caused  or  contributed to by the unlawful conduct of another
28    person.

29        (745 ILCS 10/3-103 rep.)
30        (745 ILCS 10/3-109 rep.)
31        Section  16.  The  Local  Governmental  and  Governmental
32    Employees Tort Immunity Act is amended by repealing  Sections
 
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 1    3-103 and 3-109.

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