State of Illinois
92nd General Assembly

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 1        AN ACT in relation to child passenger protection.

 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 2, 4a, 4b, and 5 and adding  Section  4c
 6    as follows:

 7        (625 ILCS 25/2) (from Ch. 95 1/2, par. 1102)
 8        Sec.  2.   Legislative  Finding  -  Purpose.  The General
 9    Assembly finds that a substantial number of passengers  under
10    the  age  of 6 years riding in motor vehicles, which are most
11    frequently operated by a  parent,  annually  die  or  sustain
12    serious  physical  injury  as  a  direct  result of not being
13    placed in a child passenger  restraint  system.  The  General
14    Assembly further finds that the safety of the motoring public
15    is  seriously  threatened  as  indicated  by  the significant
16    number of traffic  accidents  annually  caused,  directly  or
17    indirectly,  by  driver  distraction  or  other impairment of
18    driving  ability  induced  by  the  movement  or  actions  of
19    unrestrained passengers under the age of 6 years.
20        It is the purpose of this  Act  to  further  protect  the
21    health,  safety and welfare of motor vehicle passengers under
22    the age of 6 years and the motoring public through the proper
23    utilization of approved child restraint systems.
24        It is also the purpose of this Act to protect the health,
25    safety, and welfare of passengers as set forth in Sections 4b
26    and 4c.
27    (Source: P.A. 83-8.)

28        (625 ILCS 25/4a) (from Ch. 95 1/2, par. 1104a)
29        Sec. 4a.  Every person, when transporting a child 4 years
30    of age or older but under  the  age  of  6,  as  provided  in
                            -2-                LRB9201953DHmb
 1    Section 4 of this Act, shall be responsible for securing that
 2    child  in either a child restraint system or seat belts. This
 3    Section does not apply if Section 4c is applicable.
 4    (Source: P.A. 88-17.)

 5        (625 ILCS 25/4b)
 6        Sec. 4b.  Children 6 years of age or older but under  the
 7    age  of  18;  seat  belts.   Every person under the age of 18
 8    years, when transporting a child 6 years of age or older  but
 9    under  the  age of 18 years, as provided in Section 4 of this
10    Act, shall be  responsible  for  securing  that  child  in  a
11    properly adjusted and fastened seat safety belt. This Section
12    does not apply if Section 4c is applicable.
13    (Source: P.A. 90-369, eff. 1-1-98.)

14        (625 ILCS 25/4c new)
15        Sec.  4c.  Child  booster  seat and lap-and-shoulder belt
16    system. A person who transports, in  a  non-commercial  motor
17    vehicle  of the first division, a motor vehicle of the second
18    division with a gross vehicle weight rating of  9,000  pounds
19    or less, or a recreational vehicle, a child who is at least 4
20    but  less  than  9 years of age, weighs at least 40 pounds or
21    more but not more than 80 pounds, and is less than 58  inches
22    in height must secure the child in a child booster seat and a
23    federally  approved  lap-and-shoulder belt system. The parent
24    or legal guardian of  such  a  child  must  provide  a  child
25    booster seat to any person who transports the child. A person
26    who  transports  the  child of another is not in violation of
27    this Section unless a child booster seat was provided by  the
28    parent  or  legal  guardian but was not used to transport the
29    child.
30        As used in this Section, "child  booster  seat"  means  a
31    child passenger restraint system that meets the Federal Motor
32    Vehicle  Safety Standards set forth in 49 C.F.R. 571.213 that
                            -3-                LRB9201953DHmb
 1    is designed to elevate a child to properly sit in a federally
 2    approved lap-and-shoulder belt system.
 3        This Section does  not  apply  if  the  vehicle  used  to
 4    transport the child is not equipped with a federally approved
 5    lap-and-shoulder belt system.

 6        (625 ILCS 25/5) (from Ch. 95 1/2, par. 1105)
 7        Sec. 5.  In no event shall a person's failure to secure a
 8    child  under  6  years  of age in an approved child restraint
 9    system or properly secure such child, if age 4  or  5,  in  a
10    seat belt or a person's failure to secure a child as required
11    by  Section  4c  constitute  contributory  negligence  or  be
12    admissible as evidence in the trial of any civil action.
13    (Source: P.A. 86-1241.)

14        Section  99.  Effective date.  This Act takes effect upon
15    becoming law.

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