Bill Text: IA HF2412 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the failure to wear a motor vehicle safety belt or safety harness. (Formerly HF 530 and HSB 106.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-03-05 - Withdrawn. H.J. 459. [HF2412 Detail]

Download: Iowa-2017-HF2412-Introduced.html

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House File 2412 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HF 530)
                                 (SUCCESSOR TO HSB 106)

                                 (COMPANION TO SF 2135
                                     BY COMMITTEE ON
                                     JUDICIARY)

                                      A BILL FOR

  1 An Act relating to the failure to wear a motor vehicle safety
  2    belt or safety harness.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2337HZ (2) 87
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PAG LIN



  1  1    Section 1.  Section 321.445, subsection 4, paragraph b,
  1  2 subparagraph (2), Code 2018, is amended to read as follows:
  1  3    (2)  If the evidence supports such a finding, the trier of
  1  4 fact may find that the plaintiff's failure to wear a safety
  1  5 belt or safety harness in violation of this section contributed
  1  6 to the plaintiff's claimed injury or injuries, and may reduce
  1  7 the amount of plaintiff's recovery by an amount not to exceed
  1  8 five twenty=five percent of the damages awarded after any
  1  9 reductions for comparative fault.
  1 10                           EXPLANATION
  1 11 The inclusion of this explanation does not constitute agreement with
  1 12 the explanation's substance by the members of the general assembly.
  1 13    Under current law, evidence of failure to wear a motor
  1 14 vehicle safety belt or safety harness as required by Code
  1 15 section 321.445(2) may be used to mitigate damages in a civil
  1 16 case upon a showing of substantial evidence that the failure
  1 17 to wear a safety belt or safety harness contributed to the
  1 18 injuries claimed. In addition, current law provides that the
  1 19 maximum amount which damages may be reduced for failure to wear
  1 20 a motor vehicle safety belt or safety harness is 5 percent of
  1 21 the damages awarded. This bill increases the amount damages
  1 22 may be reduced to 25 percent of the damages awarded.
       LSB 2337HZ (2) 87
       ns/rh