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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2713
Introduced 2/4/2004, by James F. Clayborne Jr. SYNOPSIS AS INTRODUCED:
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625 ILCS 25/4 |
from Ch. 95 1/2, par. 1104 |
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Amends the Illinois Vehicle Code. Provides that it is an affirmative defense to a charge of failing to secure a child under 8 years of age in a child restraint system that, at the time of the alleged offense, (i) more than one child was secured in a child restraint system, (ii) no additional child restraint system was available as a result of space limitations in the vehicle, and (iii) each child under the age of 8 not secured in a child restraint system was wearing a combination lap and shoulder belt or, if no combination lap and shoulder belt was available for that child, a lap belt.
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A BILL FOR
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SB2713 |
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LRB093 20808 DRH 46731 b |
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| AN ACT concerning vehicles.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Child Passenger Protection Act is amended by |
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| changing Section 4 as follows:
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| (625 ILCS 25/4) (from Ch. 95 1/2, par. 1104)
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| Sec. 4. Transporting a child under 8 years of age.
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| (a) When any person is transporting a child in
this State
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| under the age of 8 years in a non-commercial motor vehicle of |
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| the
first
division, a motor vehicle of the second division with |
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| a gross vehicle
weight rating of 9,000 pounds or less, or a |
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| recreational vehicle on the
roadways, streets or highways of |
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| this State, such person shall be
responsible for providing for |
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| the protection of such child by properly
securing him or her in |
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| an appropriate child restraint system. The
parent or legal |
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| guardian
of a child under the age of
8 years shall provide a |
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| child restraint system to any person who
transports
his or her |
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| child. Any person who transports the child of another shall not
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| be in violation of this Section unless a child restraint system |
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| was
provided by the parent or legal guardian but not used to |
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| transport the child.
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| For purposes of this Section and Section 4b, "child |
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| restraint
system" means
any device which meets the standards of |
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| the United States Department of
Transportation designed to |
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| restrain, seat or position children, which also
includes a |
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| booster seat.
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| (b) A child weighing more than 40 pounds may be transported |
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| in the back seat
of a motor vehicle while wearing only a lap |
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| belt if the back seat of the motor
vehicle is not equipped with |
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| a combination lap and shoulder belt.
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| (c) It is an affirmative defense to an offense brought |
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| under subsection (a) of this Section that, at the time of the |
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