Rep. Daniel V. Beiser

Filed: 4/8/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1581

2    AMENDMENT NO. ______. Amend House Bill 1581, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Vehicle Code is amended by adding
6Section 11-1432 as follows:
 
7    (625 ILCS 5/11-1432 new)
8    Sec. 11-1432. Unrestrained domestic animals in motor
9vehicles.
10    (a) For purposes of this Section, "animal restraint system"
11means a device which humanely restricts the movement of a
12domestic animal and keeps the animal secured within a motor
13vehicle's passenger area during transport. These devices
14include, but are not limited to: animal safety harnesses,
15modified seat belts, tethers, and crates.
16    (b) A driver may not operate a motor vehicle that contains

 

 

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1a domestic animal unless that animal is secured and protected
2by an animal restraint system. This Section shall not apply to
3the following motor vehicles as defined by this Code:
4        (1) commercial motor vehicles;
5        (2) farm tractors;
6        (3) implements of husbandry; and
7        (4) farm to market agricultural transportation.
8    (c) Failure to secure and protect a domestic animal by an
9animal restraint system shall not be considered evidence of
10negligence, shall not limit the liability of an insurer, and
11shall not diminish any recovery for damages arising out of the
12ownership, maintenance, or operation of a motor vehicle.
13    (d) A person who violates this Section is guilty of a petty
14offense. First time offenders shall be issued a warning, but
15for any second or subsequent offense violators shall be subject
16to a fine not to exceed $25.
17    (e) A law enforcement officer may not search a motor
18vehicle, its contents, the driver, or a passenger solely
19because of a violation or suspected violation of this Section.
 
20    Section 10. The Code of Criminal Procedure of 1963 is
21amended by changing Section 108-1 as follows:
 
22    (725 ILCS 5/108-1)  (from Ch. 38, par. 108-1)
23    Sec. 108-1. Search without warrant.
24    (1) When a lawful arrest is effected a peace officer may

 

 

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1reasonably search the person arrested and the area within such
2person's immediate presence for the purpose of:
3        (a) protecting the officer from attack; or
4        (b) preventing the person from escaping; or
5        (c) discovering the fruits of the crime; or
6        (d) discovering any instruments, articles, or things
7    which may have been used in the commission of, or which may
8    constitute evidence of, an offense.
9    (2) (Blank).
10    (3) A law enforcement officer may not search or inspect a
11motor vehicle, its contents, the driver, or a passenger solely
12because of a violation of Section 12-603.1 of the Illinois
13Vehicle Code.
14    (4) A law enforcement officer may not search a motor
15vehicle, its contents, the driver, or a passenger solely
16because of a violation or suspected violation of Section
1711-1432 of the Illinois Vehicle Code.
18(Source: P.A. 93-99, eff. 7-3-03.)".