GREEN SHEET REDIGEST
HB 55 2020 First Extraordinary Session Mike Johnson
MTR VEHICLE/SEAT BELTS: Provides relative to evidence of causation from
nonuse of a safety belt. (Item #40)
DIGEST
Present law provides certain requirements for wearing of safety belts.
Present law further provides that in any action to recover damages arising out of the
ownership, common maintenance, or operation of a motor vehicle, failure to wear a safety
belt in violation of present law shall not be considered evidence of comparative negligence.
Further provides that failure to wear a safety belt in violation of present law shall not be
admitted to mitigate damages.
Proposed law repeals present law provisions, and adds a new Code of Evidence Article that
provides for the introduction of evidence of failure to wear a safety belt in order to establish
comparative negligence, causation, and the mitigation of damage. Proposed law provides that
the evidence for failure to wear a safety belt may be used as an affirmative defense.
(Adds C.E. Art. 416; repeals R.S. 32:295.1(E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Provide that failure to wear a safety belt may be used as an affirmative defense.
2. Remove proposed law provision which superseded Section 6 of Senate Bill No.
418 of the 2020 Regular Session.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the engrossed
bill
1. Moves provisions of proposed law to the Code of Evidence.
2. Repeals provisions of present law which provide that the failure to wear a safety
belt in violation of present law shall not be considered evidence of comparative
negligence.
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Prepared by Margaret M. Corley.