Public Act 93-0099

SB50 Enrolled                        LRB093 02135 DRH 02142 b

    AN ACT concerning vehicles.

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

    Section  5.  The  Illinois  Vehicle  Code  is  amended by
changing Section 12-603.1 as follows:

    (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
    Sec. 12-603.1.  Driver  and  passenger  required  to  use
safety belts, exceptions and penalty.
    (a)  Each  driver  and  front  seat  passenger of a motor
vehicle operated on a street or highway in this  State  shall
wear  a  properly  adjusted  and  fastened  seat safety belt;
except that, a child less  than  6  years  of  age  shall  be
protected   as  required  pursuant  to  the  Child  Passenger
Protection Act. Each driver under the age  of  18  years  and
each  of the driver's passengers under the age of 18 years of
a motor vehicle operated on a street or highway in this State
shall wear a properly adjusted and fastened seat safety belt.
Each driver of a motor vehicle transporting a child  6  years
of  age  or more, but less than 16 years of age, in the front
seat of the  motor  vehicle  shall  secure  the  child  in  a
properly adjusted and fastened seat safety belt.
    (b)  Paragraph   (a)  shall  not  apply  to  any  of  the
following:
         1.  A driver or passenger  frequently  stopping  and
    leaving  the  vehicle  or  delivering  property  from the
    vehicle, if the speed of the vehicle between  stops  does
    not exceed 15 miles per hour.
         2.  A  driver  or  passenger  possessing  a  written
    statement  from  a  physician that such person is unable,
    for medical or physical reasons, to wear  a  seat  safety
    belt.
         3.  A  driver  or  passenger  possessing an official
    certificate  or  license  endorsement   issued   by   the
    appropriate agency in another state or country indicating
    that the driver is unable for medical, physical, or other
    valid reasons to wear a seat safety belt.
         4.  A driver operating a motor vehicle in reverse.
         5.  A motor vehicle with a model year prior to 1965.
         6.  A motorcycle or motor driven cycle.
         7.  A motorized pedalcycle.
         8.  A  motor  vehicle  which  is  not required to be
    equipped with seat safety belts under federal law.
         9.  A motor  vehicle  operated  by  a  rural  letter
    carrier   of  the  United  States  postal  service  while
    performing duties as a rural letter carrier.
    (c)  Failure to wear a seat safety belt in  violation  of
this  Section 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 violation of this Section shall be a petty offense
and subject to a fine not to exceed $25.
    (e)  (Blank) No motor vehicle, or driver or passenger  of
such  vehicle,  shall  be  stopped  or  searched  by  any law
enforcement officer solely on the basis  of  a  violation  or
suspected violation of this Section.
    (f)  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 this Section.
(Source: P.A. 90-369, eff. 1-1-98.)

    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)  No motor vehicle, or driver or passenger of
such vehicle,  shall  be  stopped  or  searched  by  any  law
enforcement  officer  solely  on  the basis of a violation or
suspected violation  of  Section  12-603.1  of  The  Illinois
Vehicle Code.
    (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.
(Source: P.A. 85-291.)

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