2019 Regular Session ENROLLED
SENATE BILL NO. 76
BY SENATORS TARVER, ALARIO, ALLAIN, BARROW, BISHOP, BOUDREAUX,
CARTER, COLOMB, CORTEZ, GATTI, JOHNS, MARTINY, GARY
SMITH, THOMPSON AND WARD AND REPRESENTATIVES
ADAMS, BRASS, TERRY BROWN, CARPENTER, GISCLAIR,
TERRY LANDRY, LARVADAIN, PIERRE, POPE AND WHITE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 32:295(A), relative to child passenger restraint systems; to
3 increase the age a child shall be restrained in a rear-facing child safety seat; to
4 increase the age a child shall be restrained in a forward-facing child safety seat; to
5 increase the age a child shall be restrained in a child booster seat; to increase the age
6 a child shall be restrained in an adult safety belt; to require that a child under a
7 certain age is restrained in the rear seat of a motor vehicle; and to provide for related
8 matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 32:295(A) is hereby amended and reenacted to read as follows:
11 ยง295. Child passenger restraint system
12 A. Except as provided in Subsections C, D, and E of this Section, every
13 driver in this state who transports a child or children under the age of thirteen
14 eighteen years in a motor vehicle which is that is in motion and is required by
15 federal safety standards to be equipped with safety belts a safety belt system or
16 lower anchors and tethers for children in a passenger seating position, shall have
17 the child properly secured restrained according to the vehicle and child safety
18 seat manufacturer's instructions, as follows:
19 (1) A child younger than six years of age or weighing sixty pounds or less
20 shall be restrained in a child restraint system as provided for in this Subsection that
21 complies with standards of the United States Department of Transportation and is
22 secured in the vehicle in accordance with the instructions of the manufacturer of the
23 child restraint system and the passenger seating position is equipped with a safety
ACT No. 51
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 76 ENROLLED
1 belt system that allows sufficient space for installation. The child restraint system
2 required for a child younger than six years of age or weighing sixty pounds or less
3 is, in descending order of protectiveness, as follows:
4 (a) A child who is younger than one year of age or weighs less than twenty
5 pounds the age of two years shall be restrained in a rear-facing child safety seat
6 restraint system that complies with all applicable federal regulations until the
7 child reaches the weight or height limit of the child restraint system as set by the
8 manufacturer.
9 (b)(2) A child who is at least one year of age but younger than four years of
10 age or who weighs at least twenty pounds but less than forty pounds two years of
11 age or older and has reached the rear-facing weight or height limits of the child
12 restraint system as set by the manufacturer, shall be restrained in a forward-
13 facing child safety seat restraint system with an internal harness until the child
14 reaches the weight or height limit of the child restraint system set by the
15 manufacturer.
16 (c)(3) A child who is at least four years of age but younger than six years of
17 age or
1
who weighs at least forty pounds but not more than sixty pounds and has
18 outgrown the forward-facing weight or height limits of the child restraint
19 system as set by the manufacturer shall be restrained in a belt-positioning child
20 booster seat, secured with a vehicle lap-shoulder seat belt, according to the
21 manufacturer's instructions. The requirements of this Subparagraph shall not apply
22 in any seating position where there is only a lap belt available and the child weighs
23 more than forty pounds.
24 (2)(4) A child who is at least six nine years of age or weighs more than sixty
25 pounds has outgrown the height or weight limits of a child restraint system or
26 belt-positioning child booster seat as set by the manufacturer shall be restrained
27 with the motor vehicle's adult safety belt adjusted and fastened around the child's
28 body or in an appropriately fitting child booster seat in accordance with the
29 instructions of the manufacturer of the safety belt or child booster seat. to fit
30 correctly. The adult safety belt fits correctly when the child sits all the way back
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Coding: Words which are struck through are deletions from existing law;
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1 against the vehicle seat, the child's knees bend over the edge of the vehicle seat,
2 the belt fits snugly across the child's thighs and lower hips, and not the child's
3 abdomen, and when the shoulder strap snugly crosses the center of the child's
4 chest and not the child's neck.
5 (5) A child who is younger than thirteen years of age shall be transported
6 in the rear seat of a motor vehicle, when available, in a properly used child
7 restraint system, belt-positioning child booster seat, or adult safety belt that
8 complies with all applicable federal regulations.
9 (3)(6) A child who because of age or weight can be placed in more than one
10 category shall be placed in the more protective category.
11 * * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.