Senate Study Bill 1026 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) A BILL FOR An Act relating to the use of child restraint devices by 1 certain children traveling in motor vehicles. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1233XD (2) 90 th/ns

S.F. _____ H.F. _____ Section 1. Section 321.446, subsections 1 and 2, Code 2023, 1 are amended to read as follows: 2 1. a. A child under one year three years of age and 3 weighing less than twenty thirty pounds who is being 4 transported in a motor vehicle subject to registration, except 5 a school bus or motorcycle, shall be secured during transit in 6 a rear-facing child restraint system that is used in accordance 7 with the manufacturer’s instructions. 8 b. A child under six eight years of age who does not meet 9 the description in paragraph “a” and who is being transported 10 in a motor vehicle subject to registration, except a school 11 bus or motorcycle, shall be secured during transit by a 12 child restraint system that is used in accordance with the 13 manufacturer’s instructions. 14 2. A child at least six eight years of age but under 15 eighteen years of age who is being transported in a motor 16 vehicle subject to registration, except a school bus or 17 motorcycle, shall be secured during transit by a child 18 restraint system that is used in accordance with the 19 manufacturer’s instructions or by a safety belt or safety 20 harness of a type approved under section 321.445 . 21 Sec. 2. Section 321.446, subsection 3, paragraph d, Code 22 2023, is amended by striking the paragraph. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to the use of child restraint devices by 27 certain children traveling in motor vehicles, including child 28 restraint systems, safety belts, and safety harnesses. 29 Current law requires a child under one year of age and 30 weighing less than 20 pounds who is being transported in a 31 motor vehicle subject to registration, except a school bus 32 or motorcycle, to be secured during transit in a rear-facing 33 child restraint system that is used in accordance with the 34 manufacturer’s instructions. The bill extends this requirement 35 -1- LSB 1233XD (2) 90 th/ns 1/ 2

S.F. _____ H.F. _____ to a child under three years of age and weighing less than 30 1 pounds. 2 Current law also requires a child under six years of age, 3 who is not subject to the above requirement, and who is being 4 transported in a motor vehicle subject to registration, except 5 a school bus or motorcycle, to be secured during transit by 6 a child restraint system that is used in accordance with the 7 manufacturer’s instructions. The bill extends this requirement 8 to children under eight years of age. 9 Accordingly, the bill requires a child at least eight years 10 of age (instead of six) but under 18 years of age who is being 11 transported in a motor vehicle subject to registration, except 12 a school bus or motorcycle, to be secured during transit by 13 a child restraint system that is used in accordance with the 14 manufacturer’s instructions or by an approved safety belt or 15 safety harness. 16 The bill strikes a provision that exempts children occupying 17 the back seat of a motor vehicle from having to be secured 18 during transit by a child restraint system, safety belt, or 19 safety harness if no safety belt is available because all 20 safety belts are being used by other occupants or cannot be 21 used due to the use of a child restraint system in the seating 22 position for which a belt is provided. 23 A violation of Code section 321.446 is punishable by a 24 scheduled fine of $135. The department of transportation is 25 prohibited from considering a violation of Code section 321.446 26 in determining an offender’s driver’s license suspension under 27 Code section 321.210 or habitual offender status under Code 28 section 321.555. 29 -2- LSB 1233XD (2) 90 th/ns 2/ 2