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


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

Rep. Daniel V. Beiser

Filed: 4/15/2013

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1
AMENDMENT TO HOUSE BILL 1581
2 AMENDMENT NO. ______. Amend House Bill 1581, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
5 "Section 5. The Illinois Vehicle Code is amended by adding
6Section 11-1432 as follows:
7 (625 ILCS 5/11-1432 new)
8 Sec. 11-1432. Domestic animals in motor vehicles.
9 (a) For purposes of this Section, "animal restraint system"
10means a device which humanely restricts the movement of a
11domestic animal and keeps the animal secured within a motor
12vehicle's passenger area during transport. These devices
13include, but are not limited to: animal safety harnesses,
14modified seat belts, tethers, and crates.
15 (b) While operating a motor vehicle, no person shall hold
16in their lap, or allow to be in the operator's immediate area,

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1any animal that interferes with the driver's control over the
2driving mechanism of the vehicle. In order to comply with this
3Section an operator of a motor vehicle may utilize an animal
4restraint system. This Section shall not apply to the following
5motor vehicles as defined by this Code:
6 (1) commercial motor vehicles;
7 (2) farm tractors;
8 (3) implements of husbandry; and
9 (4) farm to market agricultural transportation.
10 (c) Failure to use an animal restraint system shall not be
11considered evidence of negligence, shall not limit the
12liability of an insurer, and shall not diminish any recovery
13for damages arising out of the ownership, maintenance, or
14operation of a motor vehicle.
15 (d) A person who violates this Section is guilty of a petty
16offense. First time offenders shall be issued a warning, but
17for any second or subsequent offense violators shall be subject
18to a fine not to exceed $25.
19 (e) A law enforcement officer may not search a motor
20vehicle, its contents, the driver, or a passenger solely
21because of a violation or suspected violation of this Section.
22 Section 10. The Code of Criminal Procedure of 1963 is
23amended by changing Section 108-1 as follows:
24 (725 ILCS 5/108-1) (from Ch. 38, par. 108-1)

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1 Sec. 108-1. Search without warrant.
2 (1) When a lawful arrest is effected a peace officer may
3reasonably search the person arrested and the area within such
4person's immediate presence for the purpose of:
5 (a) protecting the officer from attack; or
6 (b) preventing the person from escaping; or
7 (c) discovering the fruits of the crime; or
8 (d) discovering any instruments, articles, or things
9 which may have been used in the commission of, or which may
10 constitute evidence of, an offense.
11 (2) (Blank).
12 (3) A law enforcement officer may not search or inspect a
13motor vehicle, its contents, the driver, or a passenger solely
14because of a violation of Section 12-603.1 of the Illinois
15Vehicle Code.
16 (4) A law enforcement officer may not search a motor
17vehicle, its contents, the driver, or a passenger solely
18because of a violation or suspected violation of Section
1911-1432 of the Illinois Vehicle Code.
20(Source: P.A. 93-99, eff. 7-3-03.)".
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