HB1581ham003 98TH GENERAL ASSEMBLY

Rep. Daniel V. Beiser

Filed: 4/15/2013

09800HB1581ham003 LRB098 05513 MLW 44593 a

AMENDMENT TO HOUSE BILL 1581

AMENDMENT NO. ______. Amend House Bill 1581, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by adding Section 11-1432 as follows:

(625 ILCS 5/11-1432 new)

Sec. 11-1432. Domestic animals in motor vehicles.

(a) For purposes of this Section, "animal restraint system" means a device which humanely restricts the movement of a domestic animal and keeps the animal secured within a motor vehicle's passenger area during transport. These devices include, but are not limited to: animal safety harnesses, modified seat belts, tethers, and crates.

(b) While operating a motor vehicle, no person shall hold in their lap, or allow to be in the operator's immediate area, any animal that interferes with the driver's control over the driving mechanism of the vehicle. In order to comply with this Section an operator of a motor vehicle may utilize an animal restraint system. This Section shall not apply to the following motor vehicles as defined by this Code:

(1) commercial motor vehicles;

(2) farm tractors;

(3) implements of husbandry; and

(4) farm to market agricultural transportation.

(c) Failure to use an animal restraint system 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.

(d) A person who violates this Section is guilty of a petty offense. First time offenders shall be issued a warning, but for any second or subsequent offense violators shall be subject to a fine not to exceed $25.

(e) A law enforcement officer may not search a motor vehicle, its contents, the driver, or a passenger solely because of a violation or suspected violation of this Section.

Section 10. The Code of Criminal Procedure of 1963 is amended by changing Section 108-1 as follows:

(725 ILCS 5/108-1) (from Ch. 38, par. 108-1)

Sec. 108-1. Search without warrant.

(1) When a lawful arrest is effected a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of:

(a) protecting the officer from attack; or

(b) preventing the person from escaping; or

(c) discovering the fruits of the crime; or

(d) discovering any instruments, articles, or things which may have been used in the commission of, or which may constitute evidence of, an offense.

(2) (Blank).

(3) A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of Section 12-603.1 of the Illinois Vehicle Code.

(4) A law enforcement officer may not search a motor vehicle, its contents, the driver, or a passenger solely because of a violation or suspected violation of Section 11-1432 of the Illinois Vehicle Code.

(Source: P.A. 93-99, eff. 7-3-03.)".