Senate Study Bill 3044 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to the failure to wear a motor vehicle safety 1 belt or safety harness. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5758XC (2) 87 ns/rh

S.F. _____ Section 1. Section 321.445, subsection 4, paragraph b, 1 subparagraph (2), Code 2018, is amended to read as follows: 2 (2) If the evidence supports such a finding, the trier of 3 fact may find that the plaintiff’s failure to wear a safety 4 belt or safety harness in violation of this section contributed 5 to the plaintiff’s claimed injury or injuries, and may reduce 6 the amount of plaintiff’s recovery by an amount not to exceed 7 five twenty-five percent of the damages awarded after any 8 reductions for comparative fault. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 Under current law, evidence of failure to wear a motor 13 vehicle safety belt or safety harness as required by Code 14 section 321.445(2) may be used to mitigate damages in a civil 15 case upon a showing of substantial evidence that the failure 16 to wear a safety belt or safety harness contributed to the 17 injuries claimed. In addition, current law provides that the 18 maximum amount which damages may be reduced for failure to wear 19 a motor vehicle safety belt or safety harness is 5 percent of 20 the damages awarded. This bill increases the amount damages 21 may be reduced to 25 percent of the damages awarded. 22 -1- LSB 5758XC (2) 87 ns/rh 1/ 1