Senate
File
2094
-
Introduced
SENATE
FILE
2094
BY
SCHNEIDER
A
BILL
FOR
An
Act
relating
to
the
use
of
child
restraint
systems
in
motor
1
vehicles,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5707XS
(2)
87
ns/rh
S.F.
2094
Section
1.
Section
321.446,
subsection
1,
paragraph
a,
Code
1
2018,
is
amended
to
read
as
follows:
2
a.
A
child
under
one
year
two
years
of
age
and
weighing
3
less
than
twenty
pounds
who
is
being
transported
in
a
motor
4
vehicle
subject
to
registration,
except
a
school
bus
or
5
motorcycle,
shall
be
secured
during
transit
in
a
rear-facing
6
child
restraint
system
that
is
used
in
accordance
with
the
7
manufacturer’s
instructions.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
Under
current
law,
a
child
under
six
years
of
age
who
is
12
being
transported
in
a
motor
vehicle,
except
a
school
bus
or
13
motorcycle,
must
be
secured
during
transit
by
a
child
restraint
14
system
that
is
used
in
accordance
with
the
manufacturer’s
15
instructions.
If
the
child
is
under
one
year
of
age
and
16
weighs
less
than
20
pounds,
the
child
restraint
system
must
be
17
rear-facing.
A
child
restraint
system
is
a
specially
designed
18
seating
system,
including
a
belt-positioning
seat
or
a
booster
19
seat,
that
meets
federal
motor
vehicle
safety
standards
set
20
forth
in
49
C.F.R.
§571.213.
21
This
bill
amends
current
law
to
require
that
if
the
child
22
is
under
two
years
of
age,
the
child
restraint
system
must
be
23
rear-facing
regardless
of
the
child’s
weight.
24
Under
current
law,
a
violation
of
the
provision
is
a
simple
25
misdemeanor
punishable
by
a
scheduled
fine
of
$100.
A
court
26
is
prohibited
from
convicting
a
person
who
is
charged
with
a
27
first
violation
of
the
provision
if
the
person
produces
in
28
court,
within
a
reasonable
time,
proof
that
the
person
has
29
purchased
or
otherwise
acquired
a
child
restraint
system
which
30
meets
federal
motor
vehicle
safety
standards.
Failure
to
use
a
31
child
restraint
system
does
not
constitute
negligence
nor
is
32
the
failure
admissible
as
evidence
in
a
civil
action.
Failure
33
to
use
a
child
restraint
system
is
prohibited
from
being
34
considered
by
the
department
of
transportation
in
determining
35
-1-
LSB
5707XS
(2)
87
ns/rh
1/
2
S.F.
2094
whether
to
suspend
a
person’s
driver’s
license
(Code
section
1
321.210),
but
the
violation
is
considered
in
determining
2
habitual
offender
status
(Code
section
321.555).
3
-2-
LSB
5707XS
(2)
87
ns/rh
2/
2