Bill Text: IA HSB127 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill relating to the failure to wear a motor vehicle safety belt or safety harness or use a motor vehicle child restraint system.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-03-04 - Voted - Judiciary. [HSB127 Detail]
Download: Iowa-2015-HSB127-Introduced.html
House
Study
Bill
127
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
the
failure
to
wear
a
motor
vehicle
1
safety
belt
or
safety
harness
or
use
a
motor
vehicle
child
2
restraint
system.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.445,
subsection
4,
paragraph
b,
Code
1
2015,
is
amended
to
read
as
follows:
2
b.
In
a
cause
of
action
arising
on
or
after
July
1,
1986,
3
brought
to
recover
damages
arising
out
of
the
ownership
or
4
operation
of
a
motor
vehicle,
the
failure
to
wear
a
safety
belt
5
or
safety
harness
in
violation
of
this
section
shall
not
may
be
6
considered
evidence
of
comparative
fault
under
section
668.3,
7
subsection
1
,
of
a
person
aged
sixteen
years
or
older,
a
person
8
issued
a
permit
under
section
321.180B,
subsection
1,
or
a
9
person
issued
a
license
under
section
321.194,
provided
that
.
10
However,
except
as
provided
in
section
321.446,
subsection
11
6
,
the
failure
to
wear
a
safety
belt
or
safety
harness
in
12
violation
of
this
section
may
be
admitted
to
mitigate
damages,
13
but
only
under
the
following
circumstances:
14
(1)
Parties
parties
seeking
to
introduce
evidence
of
the
15
failure
to
wear
a
safety
belt
or
safety
harness
in
violation
of
16
this
section
must
first
introduce
substantial
evidence
that
the
17
failure
to
wear
a
safety
belt
or
safety
harness
contributed
to
18
the
injury
or
injuries
claimed
by
the
plaintiff.
19
(2)
If
the
evidence
supports
such
a
finding,
the
trier
of
20
fact
may
find
that
the
plaintiff’s
failure
to
wear
a
safety
21
belt
or
safety
harness
in
violation
of
this
section
contributed
22
to
the
plaintiff’s
claimed
injury
or
injuries,
and
may
reduce
23
the
amount
of
plaintiff’s
recovery
by
an
amount
not
to
exceed
24
five
percent
of
the
damages
awarded
after
any
reductions
for
25
comparative
fault.
26
Sec.
2.
Section
321.446,
subsection
6,
Code
2015,
is
amended
27
to
read
as
follows:
28
6.
Failure
to
use
a
child
restraint
system,
safety
belts,
29
or
safety
harnesses
as
required
by
this
section
does
not
30
constitute
negligence
by
a
person
under
the
age
of
sixteen
31
unless
the
person
has
been
issued
a
permit
under
section
32
321.180B,
subsection
1,
or
a
license
under
section
321.194,
nor
33
is
the
failure
admissible
as
evidence
in
a
civil
action
of
the
34
conduct
of
a
person
under
the
age
of
sixteen
unless
the
person
35
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has
been
issued
a
permit
under
section
321.180B,
subsection
1,
1
or
a
license
under
section
321.194
.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
Under
current
law,
evidence
of
failure
to
wear
a
motor
6
vehicle
safety
belt
or
safety
harness
as
required
by
Code
7
section
321.445(2)
may
be
used
to
mitigate
damages
in
a
civil
8
case
upon
a
showing
of
substantial
evidence
that
the
failure
9
to
wear
a
seat
belt
contributed
to
the
injuries
claimed.
10
Current
law
provides
that
the
maximum
amount
which
damages
may
11
be
reduced
for
failure
to
wear
a
motor
vehicle
safety
belt
12
or
safety
harness
is
5
percent
of
the
damages
awarded.
This
13
bill
eliminates
the
statutory
five
percent
limitation
on
such
14
damages
reduction
for
persons
who
are
16
years
or
older
and
15
for
persons
who
have
an
instruction
permit
under
Code
section
16
321.180B(1)
or
a
special
minors’
license
under
Code
section
17
321.194,
and
as
a
result
a
jury
may
decide
to
reduce
damages
18
awarded
by
more
than
5
percent
for
failure
to
wear
a
motor
19
vehicle
safety
belt
or
safety
harness.
20
Current
law
provides
that
evidence
of
a
failure
to
use
a
21
child
restraint
system,
safety
belts,
or
safety
harnesses
22
for
persons
under
the
age
of
18,
as
required
by
Code
section
23
321.446(6),
does
not
constitute
negligence
nor
is
such
evidence
24
admissible
in
a
civil
action.
A
child
restraint
system
is
a
25
specially
designed
seating
system,
including
a
belt-positioning
26
seat
or
a
booster
seat,
that
meets
federal
motor
vehicle
safety
27
standards.
This
bill
eliminates
the
prohibition
on
introducing
28
such
evidence
for
persons
who
are
16
years
of
age
or
older
and
29
for
persons
who
have
an
instruction
permit
under
Code
section
30
321.180B(1)
or
a
special
minors’
license
under
Code
section
31
321.194.
32
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