Rep. Jawaharial Williams
Filed: 3/7/2023
 
 

 

 

 
10300HB2910ham001LRB103 25629 MXP 58543 a



1
AMENDMENT TO HOUSE BILL 2910 




2    AMENDMENT NO. ______. Amend House Bill 2910 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Illinois Vehicle Code is amended  by adding 
5Section 11-1433 as follows:
 
6    (625 ILCS 5/11-1433 new)
7    Sec. 11-1433. Animals in driver's lap.
8    (a)   A person shall not hold an animal in the person's lap 
9while operating a motor vehicle. This Section does not apply 
10to the following motor vehicles as defined by this Code:
11        (1)   commercial motor vehicles;
12        (2)   farm tractors;
13        (3)   implements of husbandry; and
14        (4)   farm to market agricultural transportation 
15    vehicles.
16    (b)   A person who violates this Section is guilty of a petty 
 
 
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1offense and subject to a fine of $50. A violation of this 
2Section shall not be considered a moving violation.
3    (c)   A violation or suspected violation of this Section by 
4itself does not establish probable cause for the search of  a 
5motor vehicle, its contents, the driver, or a passenger.
 
6    Section 10. The Code of Criminal Procedure of 1963 is 
7amended  by changing Section 108-1 as follows:
 



8    (725 ILCS 5/108-1)  (from Ch. 38, par. 108-1)



9    Sec. 108-1. Search without warrant. 

10    (1) When a lawful arrest is effected a peace officer may 
11reasonably search
the person arrested and the area
within such 
12person's immediate presence for the purpose of:


13        (a) protecting the officer from attack; or


14        (b) preventing the person from escaping; or


15        (c) discovering the fruits of the crime; or


16        (d) discovering any instruments, articles, or things 
17    which may have been
used in the commission of, or which may 
18    constitute evidence of, an offense.

19    (2) (Blank).

20    (3) A law enforcement officer may not search or inspect a 
21motor vehicle,
its contents, the driver, or a passenger solely 
22because of a violation of
Section 12-603.1 of the Illinois 
23Vehicle Code.

24    (4)   A violation or suspected violation of Section 11-1433 
 
 
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1of the Illinois Vehicle Code by itself does not establish 
2probable cause for the search of  a motor vehicle, its 
3contents, the driver, or a passenger. 
4(Source: P.A. 93-99, eff. 7-3-03.)".