093_SB0052

 
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 1        AN ACT in relation to vehicles.

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

 4        Section 5.  The Child Passenger Protection Act is amended
 5    by  changing  Sections  4a  and  5  and  adding Section 4c as
 6    follows:

 7        (625 ILCS 25/4a) (from Ch. 95 1/2, par. 1104a)
 8        Sec. 4a.  Every person, when transporting a child 4 years
 9    of age or older but under the  age  of  16,  as  provided  in
10    Section 4 of this Act, shall be responsible for securing that
11    child  in either a child restraint system or seat belts. This
12    Section does not apply if Section 4c is applicable.
13    (Source: P.A. 92-171, eff. 1-1-02.)

14        (625 ILCS 25/4c new)
15        Sec. 4c. Children at least 4 years of age  but  under  12
16    years  of  age.  Every  person,  when transporting a child at
17    least 4 years of age but under 12 years of age,  as  provided
18    in  Section  4  of this Act, is responsible for securing that
19    child in seat safety belts or in a child booster seat  and  a
20    federally  approved  lap-and-shoulder belt system. As used in
21    this Section, "child booster seat" means  a  child  passenger
22    restraint  system that meets the Federal Motor Vehicle Safety
23    Standards set forth in 49 C.F.R. 571.213 that is designed  to
24    elevate  a child weighing 40 pounds or more but not more than
25    80 pounds or a child less than 4 feet 9 inches in  height  to
26    properly  sit  in  a federally approved lap-and-shoulder belt
27    system.

28        (625 ILCS 25/5) (from Ch. 95 1/2, par. 1105)
29        Sec. 5.  In no event shall a person's failure to secure a
 
                            -2-      LRB093 02134 DRH 02141 b
 1    child under 6 years of age in  an  approved  child  restraint
 2    system  or  properly  secure  such child, if age 4 or 5, in a
 3    seat belt constitute contributory negligence or me admissible
 4    as evidence in the trial of any civil action.
 5        A person's failure to secure a child 4 years  of  age  or
 6    older  but  under the age of 12 in a child booster seat and a
 7    federally approved lap-and-shoulder belt system, as  provided
 8    in  Section  4c of this Act, does not constitute contributory
 9    negligence and is not admissible as evidence in the trial  of
10    any civil action.
11    (Source: P.A. 86-1241.)