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))