House Study Bill 127 - 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 1680YC (4) 86 jh/nh

H.F. _____ Section 1. Section 321.445, subsection 4, paragraph b, Code 1 2015, 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 belt 5 or safety harness in violation of this section shall not may be 6 considered evidence of comparative fault under section 668.3, 7 subsection 1 , of a person aged sixteen years or older, a person 8 issued a permit under section 321.180B, subsection 1, or a 9 person issued a license under section 321.194, provided that . 10 However, except as provided in section 321.446, subsection 11 6 , the failure to wear a safety belt or safety harness in 12 violation of this section may be admitted to mitigate damages, 13 but only under the following circumstances: 14 (1) Parties parties seeking to introduce evidence of the 15 failure to wear a safety belt or safety harness in violation of 16 this section must first introduce substantial evidence that the 17 failure to wear a safety belt or safety harness contributed to 18 the injury or injuries claimed by the plaintiff. 19 (2) If the evidence supports such a finding, the trier of 20 fact may find that the plaintiff’s failure to wear a safety 21 belt or safety harness in violation of this section contributed 22 to the plaintiff’s claimed injury or injuries, and may reduce 23 the amount of plaintiff’s recovery by an amount not to exceed 24 five percent of the damages awarded after any reductions for 25 comparative fault. 26 Sec. 2. Section 321.446, subsection 6, Code 2015, is amended 27 to read as follows: 28 6. Failure to use a child restraint system, safety belts, 29 or safety harnesses as required by this section does not 30 constitute negligence by a person under the age of sixteen 31 unless the person has been issued a permit under section 32 321.180B, subsection 1, or a license under section 321.194, nor 33 is the failure admissible as evidence in a civil action of the 34 conduct of a person under the age of sixteen unless the person 35 -1- LSB 1680YC (4) 86 jh/nh 1/ 2

H.F. _____ has been issued a permit under section 321.180B, subsection 1, 1 or a license under section 321.194 . 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 Under current law, evidence of failure to wear a motor 6 vehicle safety belt or safety harness as required by Code 7 section 321.445(2) may be used to mitigate damages in a civil 8 case upon a showing of substantial evidence that the failure 9 to wear a seat belt contributed to the injuries claimed. 10 Current law provides that the maximum amount which damages may 11 be reduced for failure to wear a motor vehicle safety belt 12 or safety harness is 5 percent of the damages awarded. This 13 bill eliminates the statutory five percent limitation on such 14 damages reduction for persons who are 16 years or older and 15 for persons who have an instruction permit under Code section 16 321.180B(1) or a special minors’ license under Code section 17 321.194, and as a result a jury may decide to reduce damages 18 awarded by more than 5 percent for failure to wear a motor 19 vehicle safety belt or safety harness. 20 Current law provides that evidence of a failure to use a 21 child restraint system, safety belts, or safety harnesses 22 for persons under the age of 18, as required by Code section 23 321.446(6), does not constitute negligence nor is such evidence 24 admissible in a civil action. A child restraint system is a 25 specially designed seating system, including a belt-positioning 26 seat or a booster seat, that meets federal motor vehicle safety 27 standards. This bill eliminates the prohibition on introducing 28 such evidence for persons who are 16 years of age or older and 29 for persons who have an instruction permit under Code section 30 321.180B(1) or a special minors’ license under Code section 31 321.194. 32 -2- LSB 1680YC (4) 86 jh/nh 2/ 2