HSB 127 (LSB 1680YC (4) 86)

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 safety belt or safety harness or use a motor vehicle child restraint system.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.445, subsection 4, paragraph b, Code 2015, is amended to read as follows:
   b.  In a cause of action arising on or after July 1, 1986, brought to recover damages arising out of the ownership or operation of a motor vehicle, the failure to wear a safety belt or safety harness in violation of this section shall not may be considered evidence of comparative fault under section 668.3, subsection 1, of a person aged sixteen years or older, a person issued a permit under section 321.180B, subsection 1, or a person issued a license under section 321.194, provided that. However, except as provided in section 321.446, subsection 6, the failure to wear a safety belt or safety harness in violation of this section may be admitted to mitigate damages, but only under the following circumstances:
   (1)  Parties parties seeking to introduce evidence of the failure to wear a safety belt or safety harness in violation of this section must first introduce substantial evidence that the failure to wear a safety belt or safety harness contributed to the injury or injuries claimed by the plaintiff.
   (2)  If the evidence supports such a finding, the trier of fact may find that the plaintiff’s failure to wear a safety belt or safety harness in violation of this section contributed to the plaintiff’s claimed injury or injuries, and may reduce the amount of plaintiff’s recovery by an amount not to exceed five percent of the damages awarded after any reductions for comparative fault.
    Sec. 2.  Section 321.446, subsection 6, Code 2015, is amended to read as follows:
   6.  Failure to use a child restraint system, safety belts, or safety harnesses as required by this section does not constitute negligence by a person under the age of sixteen unless the person has been issued a permit under section 321.180B, subsection 1, or a license under section 321.194, nor is the failure admissible as evidence in a civil action of the conduct of a person under the age of sixteen unless the person has been issued a permit under section 321.180B, subsection 1, or a license under section 321.194.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Under current law, evidence of failure to wear a motor vehicle safety belt or safety harness as required by Code section 321.445(2) may be used to mitigate damages in a civil case upon a showing of substantial evidence that the failure to wear a seat belt contributed to the injuries claimed. Current law provides that the maximum amount which damages may be reduced for failure to wear a motor vehicle safety belt or safety harness is 5 percent of the damages awarded. This bill eliminates the statutory five percent limitation on such damages reduction for persons who are 16 years or older and for persons who have an instruction permit under Code section 321.180B(1) or a special minors’ license under Code section 321.194, and as a result a jury may decide to reduce damages awarded by more than 5 percent for failure to wear a motor vehicle safety belt or safety harness.
   Current law provides that evidence of a failure to use a child restraint system, safety belts, or safety harnesses for persons under the age of 18, as required by Code section 321.446(6), does not constitute negligence nor is such evidence admissible in a civil action. A child restraint system is a specially designed seating system, including a belt-positioning seat or a booster seat, that meets federal motor vehicle safety standards. This bill eliminates the prohibition on introducing such evidence for persons who are 16 years of age or older and for persons who have an instruction permit under Code section 321.180B(1) or a special minors’ license under Code section 321.194.