House
Study
Bill
60
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
the
failure
to
wear
a
motor
vehicle
1
safety
belt
or
safety
harness
or
use
a
motor
vehicle
child
2
restraint
system.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1767YC
(1)
85
rh/nh
H.F.
_____
Section
1.
Section
321.445,
subsection
4,
paragraph
b,
Code
1
2013,
is
amended
to
read
as
follows:
2
b.
In
a
cause
of
action
arising
on
or
after
July
1,
1986,
3
brought
to
recover
damages
arising
out
of
the
ownership
or
4
operation
of
a
motor
vehicle,
the
failure
to
wear
a
safety
5
belt
or
safety
harness
in
violation
of
this
section
shall
not
6
may
be
considered
evidence
of
comparative
fault
under
section
7
668.3,
subsection
1
.
However,
except
as
provided
in
section
8
321.446,
subsection
6
,
the
failure
to
wear
a
safety
belt
or
9
safety
harness
in
violation
of
this
section
may
be
admitted
to
10
mitigate
damages,
but
only
under
the
following
circumstances:
11
(1)
Parties
,
provided
that
a
party
seeking
to
introduce
12
evidence
of
the
failure
to
wear
a
safety
belt
or
safety
harness
13
in
violation
of
this
section
must
first
introduce
substantial
14
evidence
that
the
failure
to
wear
a
safety
belt
or
safety
15
harness
contributed
to
the
injury
or
injuries
claimed
by
the
16
plaintiff.
17
(2)
If
the
evidence
supports
such
a
finding,
the
trier
of
18
fact
may
find
that
the
plaintiff’s
failure
to
wear
a
safety
19
belt
or
safety
harness
in
violation
of
this
section
contributed
20
to
the
plaintiff’s
claimed
injury
or
injuries,
and
may
reduce
21
the
amount
of
plaintiff’s
recovery
by
an
amount
not
to
exceed
22
five
percent
of
the
damages
awarded
after
any
reductions
for
23
comparative
fault.
24
Sec.
2.
Section
321.446,
subsection
6,
Code
2013,
is
amended
25
by
striking
the
subsection.
26
EXPLANATION
27
Current
law
allows
evidence
of
failure
to
wear
a
motor
28
vehicle
safety
belt
or
safety
harness
as
required
by
Code
29
section
321.445,
subsection
2,
to
be
used
to
mitigate
damages
30
in
a
civil
case
upon
a
showing
of
substantial
evidence
that
the
31
failure
to
wear
the
safety
belt
or
safety
harness
contributed
32
to
the
injuries
claimed.
The
bill
eliminates
the
statutory
33
5
percent
limitation
on
the
reduction
in
damages
awarded
to
34
plaintiffs
who
fail
to
wear
a
safety
belt
or
safety
harness
35
-1-
LSB
1767YC
(1)
85
rh/nh
1/
2
H.F.
_____
and
allows
the
jury
to
determine
the
appropriate
reduction
in
1
damages
for
failure
to
wear
a
seat
belt
or
safety
harness
upon
2
consideration
of
all
of
the
facts
in
the
case.
3
Current
law
provides
that
evidence
of
a
failure
to
use
a
4
child
restraint
system,
safety
belts,
or
safety
harnesses
5
as
required
by
Code
section
321.446,
subsection
6,
does
6
not
constitute
negligence
nor
is
such
evidence
admissible
7
in
a
civil
action.
The
bill
eliminates
the
prohibition
on
8
introducing
such
evidence.
A
child
restraint
system
is
a
9
specially
designed
seating
system,
including
a
belt-positioning
10
seat
or
a
booster
seat,
that
meets
federal
motor
vehicle
safety
11
standards.
12
-2-
LSB
1767YC
(1)
85
rh/nh
2/
2