State of Illinois
92nd General Assembly
Legislation

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92_HB0152eng

 
HB0152 Engrossed                               LRB9201391DHpk

 1        AN ACT to amend the Child  Passenger  Protection  Act  by
 2    changing Sections 4a and 5 and adding Section 4c.

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

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

 8        (625 ILCS 25/4a) (from Ch. 95 1/2, par. 1104a)
 9        Sec. 4a.  Every person, when transporting a child 4 years
10    of  age  or  older  but  under  the  age of 6, as provided in
11    Section 4 of this Act, shall be responsible for securing that
12    child in either a child restraint system or seat belts.  This
13    Section does not apply if Section 4c is applicable.
14    (Source: P.A. 88-17.)

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

29        (625 ILCS 25/5) (from Ch. 95 1/2, par. 1105)
 
HB0152 Engrossed            -2-                LRB9201391DHpk
 1        Sec. 5.  In no event shall a person's failure to secure a
 2    child  under  6  years  of age in an approved child restraint
 3    system or properly secure such child, if age 4  or  5,  in  a
 4    seat belt constitute contributory negligence or be admissible
 5    as evidence in the trial of any civil action.
 6        A  person's  failure  to secure a child 4 years of age or
 7    older but under the age of 10 in a child booster seat  and  a
 8    federally  approved lap-and-shoulder belt system, as provided
 9    in Section 4c of this Act, does not  constitute  contributory
10    negligence  and is not admissible as evidence in the trial of
11    any civil action.
12    (Source: P.A. 86-1241.)

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