SLS 201ES-34 REENGROSSED
2020 First Extraordinary Session
SENATE BILL NO. 9
BY SENATOR HEWITT
EVIDENCE. Provides relative to safety belts. (Item #40) (1/1/21)
1 AN ACT
2 To repeal R.S. 32:295.1(E), relative to safety belts; to provide relative to the failure to wear
3 safety belts; 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 R.S. 32:295.1(E) is hereby repealed in its entirety.
6 Section 2. This Act shall become effective on January 1, 2021.
The original instrument was prepared by Margaret M. Corley. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jerry G. Jones.
DIGEST
SB 9 Reengrossed 2020 First Extraordinary 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 the
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 repeals present law.
Effective January 1, 2021.
(Repeals R.S. 32:295.1(E))
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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. 9
SLS 201ES-34 REENGROSSED
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Removes repealer of present law.
2. 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 may be considered evidence of
comparative negligence, except when the tortfeaser is found to have been a
distracted driver, or charged with a violation of present law (R.S. 14:98) or
an ordinance of a political subdivision prohibiting operation of any vehicle
or means of transportation or conveyance while intoxicated, impaired, or
while under the influence of alcohol, drugs, or any controlled dangerous
substance.
3. Provides that if a party proves by a preponderance of the evidence that the
injured person failed to wear a safety belt in violation of present law at the
time the injury occurred, any damages awarded to that person shall be
reduced by 10% of the total damages awarded to that person.
Senate Floor Amendments to engrossed bill
1. Removed committee amendments and restored repeal of present law.
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.