SLS 20RS-138 ORIGINAL
2020 Regular Session
SENATE BILL NO. 338
BY SENATOR WARD
EVIDENCE. Provides relative to admissibility of certain evidence regarding failure to wear
a safety belt. (8/1/20)
1 AN ACT
2 To enact Code of Evidence Art. 416, and to repeal R.S. 32:295.1(E), relative to civil liability
3 and damages; to provide relative to certain evidence regarding failure to wear a
4 safety belt; to provide for certain terms and conditions; and to provide for related
5 matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Evidence Article 416 is hereby enacted to read as follows:
8 Art. 416. Wearing a safety belt
9 In any action to recover damages arising out of the ownership, common
10 maintenance, or operation of a motor vehicle, failure to wear a safety belt in
11 violation of law may be considered as evidence of comparative negligence. The
12 admissibility of such evidence shall be determined by the court out of the
13 hearing of the jury.
14 Section 2. R.S. 32:295.1(E) is hereby repealed.
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. 338
SLS 20RS-138 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Xavier I. Alexander.
DIGEST
SB 338 Original 2020 Regular Session Ward
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 as new Code of Evidence Article 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 law may be
considered evidence of comparative negligence. The admissibility of such evidence shall be
determined by the court out of the hearing of the jury.
Effective August 1, 2020.
(Adds C.E. Art. 416; repeals 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.