SLS 19RS-365 ORIGINAL
2019 Regular Session
SENATE BILL NO. 148
BY SENATOR HEWITT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TRAFFIC. Provides relative to safety belts. (8/1/19)
1 AN ACT
2 To amend and reenact R.S. 32:295.1(E), relative to safety belts; to provide relative to the
3 failure to wear a safety belt; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 32:295.1(E) is hereby amended and reenacted to read as follows:
6 ยง295.1. Safety belt use; tags indicating exemption
7 * * *
8 E. In any action to recover damages arising out of the ownership, common
9 maintenance, or operation of a motor vehicle, failure to wear a safety belt in
10 violation of this Section shall not may be considered evidence of comparative
11 negligence. Failure to wear a safety belt in violation of this Section shall not be
12 admitted to mitigate damages.
13 * * *
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 148
SLS 19RS-365 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SB 148 Original 2019 Regular Session Hewitt
Present law prohibits consideration of the failure to wear a safety belt in violation of law as
evidence of comparative negligence in any action to recover damages arising out of
ownership, common maintenance, or operation of a motor vehicle.
Present law prohibits admission of the failure to wear a safety belt in violation of law to
mitigate damages.
Proposed law changes present law to allow consideration of evidence of failure to wear a
safety belt in an action to recover damages arising from a motor vehicle accident as
comparative negligence and removes provision prohibiting its admission to mitigate
damages.
Effective August 1, 2019.
(Amends R.S. 32:295.1(E))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.