Bill Text: IL HB1581 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Illinois Vehicle Code. Creates a new violation for drivers that operate a motor vehicles while holding an animal in their lap. Makes violating this Section a petty offense with a fine not to exceed $25. Prevents law enforcement officers from stopping or searching vehicles for violations or suspected violations of this Section.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1581 Detail]

Download: Illinois-2013-HB1581-Amended.html

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Rep. Daniel V. Beiser

Filed: 4/15/2013

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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,

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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)

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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.)".