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92_SB0291 LRB9201953DHmb 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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