HB265INTRODUCED
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HB265
6TLI331-1
By Representative Bolton
RFD: Public Safety and Homeland Security
First Read: 29-Feb-24
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5 6TLI331-1 02/29/2024 CMH (L)CMH 2024-469
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First Read: 29-Feb-24
SYNOPSIS:
Under existing law, children are required to use
child passenger restraint systems based on their age
and weight. Specifically, children are required to use
rear facing car seats until at least one year of age or
20 pounds; are required to use front facing convertible
seats until at least five years of age or 40 pounds;
and are required to use booster seats until at least
six years of age.
This bill would require a child to use a
rear-facing infant seat until the child is two years of
age or 22 pounds.
This bill would require a child that has met the
conditions to begin using a belt positioning booster
seat to continue to use the booster seat until the
child is six years of age and can pass a five-step test
demonstrating readiness to use a seat belt.
This bill would require all other individuals in
a vehicle to wear a seat belt, with limited existing
exceptions.
This bill would also prohibit a child under 13
years of age from sitting in the front seat of a motor
vehicle, with exceptions.
Section 111.05 of the Constitution of Alabama of
2022, prohibits a general law whose purpose or effect
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2022, prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3
vote unless: it comes within one of a number of
specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the section. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
because it comes within one of the specified exceptions
contained in the section.
A BILL
TO BE ENTITLED
AN ACT
Relating to motor vehicles; to amend Section 32-5-222,
Code of Alabama 1975, to further provide for the requirement
to use child passenger restraint systems and seatbelts; and in
connection therewith would have as its purpose or effect the
requirement of a new or increased expenditure of local funds
within the meaning of Section 111.05 of the Constitution of
Alabama of 2022.
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Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 32-5-222, Code of Alabama 1975, is
amended to read as follows:
"ยง32-5-222
(a) Every person transporting a child in a motor
vehicle operated on the roadways, streets, or highways of this
state, shall provide for the protection of the child by
properly using an aftermarket or integrated child passenger
restraint system meeting applicable federal motor vehicle
safety standards and the requirements of subsection (b). This
section shall not be interpreted to release in part or in
whole the responsibility of an automobile manufacturer to
insure ensure the safety of children to a level at least
equivalent to existing federal safety standards for adults. In
no event shall failure to wear a child passenger restraint
system be considered as contributory negligence. The term
"motor vehicle" as used in this section shall include a
passenger car, pickup truck, van (seating capacity of 10 or
less), minivan, or sports utility vehicle.
(b) The size appropriate restraint system required for
a child in subsection (a) must meet the requirements of
Section 32-5B-4 and shall include all of the following:
(1) Infant only seats and convertible seats used in the
rear facing position for infants until the child is at least
one yeartwo years of age or 20 22 pounds.
(2) Convertible seats in the forward position or
forward facing seats until the child is at least five years of
age or 40 pounds.
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age or 40 pounds.
(3) BoosterBelt positioning booster seats until the
child is at least six years of age and can satisfy all of the
following conditions:
a. The child is able to sit all the way back against
the vehicle seat.
b. The child's knees bend comfortably at the edge of
the seat.
c. The seatbelt crosses the child's shoulder between
the neck and arm.
d. The lap belt is able to lay flat across the child's
upper thighs.
e. The child is able to stay seated as described in
this subdivision for the entire trip .
(4) Seat belts until 15 years of age for every other
individual, except as provided under Section 32-5B-4(b) .
(c) In addition to the requirements of subsection (a)
and (b), no child under 13 years of age may ride in the front
seat of a motor vehicle, and shall ride in the second or third
row of the motor vehicle, unless either of the following
circumstances exist:
(1) The motor vehicle does not have a second row of
seats.
(2) Circumstances require the child to use the front
seat, including when all otherwise available second or third
row seats are full or are equipped with a child passenger
restraint system not applicable to the child.
(c)(d)No provision of this This section shall not be
construed as creatingto create any duty, standard of care,
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construed as creatingto create any duty, standard of care,
right, or liability between parent and child that is not
recognized under the laws of the State of Alabama as they
presently exist, or may, at any time in the future, be
constituted by statute or decision .
(d)(e) Any person violating the provisions of this
section shall be required to attend a court hearing on the
violation, which may not be waived.
(f)(1)a. On a first violation, the person may be fined
twenty-five dollars ($25) for each offense .
b. On a second violation within a five-year period, the
person shall be fined fifty dollars ($50).
c. On a third violation within a five-year period, the
person shall be fined one hundred dollars ($100).
d. On a four or subsequent violation within a five-year
period, the person shall be fined one hundred fifty dollars
($150).
(2) The charges may be dismissed by the trial judge
hearing the case and no court costs shall be assessed upon
proof of acquisition of an appropriate child passenger
restraint.
(e)(g) Fifteen dollars ($15) of a fine imposed under
subsection (d)(e) shall be used to distribute vouchers for
size appropriate child passenger restraint systems to families
of limited income in the state. The fifteen dollars ($15)
shall be deposited in the State Treasury to be distributed by
the state Comptroller to the Department of Public Health,
which shall administer the program free of charge.
(f)(h) The provisions of this section notwithstanding,
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(f)(h) The provisions of this section notwithstanding,
nothing contained herein in this section shall be deemed a
violation of any law which that would otherwise nullify or
change in any way the provisions or coverage of any insurance
contract.
(g)(i) For the purpose of identifying habitually
negligent drivers and habitual or frequent violators, the
Department of Public Safety shall assess the following points:
(1) Violation of child safety restraint requirements,
first offense ......................1 point.
(2) Violation of child safety restraint requirements,
second or subsequent offense .............2 points.
(h)(j) Every person transporting a child shall be
responsible for assuring ensuring that each child is properly
restrained pursuant to this section . The provisions
shall;provided, this subsection does not apply to taxis and
allor motor vehicles with a seating capacity of 11 or more
passengers.
(i)(k) Each state, county, and municipal police
department shall maintain statistical information on traffic
stops of minorities pursuant to this section, and shall report
that information monthly to the Department of Public Safety
and the Office of the Attorney General."
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
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amends the definition of an existing crime.
Section 3. This act shall become effective on October
1, 2024.
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