First Substitute S.B. 36

Representative Curtis Oda proposes the following substitute bill:

1 SAFETY BELT AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Patricia W. Jones
5 House Sponsor: Sheryl L. Allen
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending negligence provisions
10 concerning the use of child restraint devices and safety belts.
11 Highlighted Provisions:
12 This bill:
13 . addresses the effect of failure to use a child restraint device or safety belt on a
14 comparative negligence claim;
15 . allows the failure to use a child restraint device or safety belt to be used as evidence
16 in a civil case on the issues of negligence, injuries, and mitigation of damages; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 41-6a-1806, as renumbered and amended by Chapter 2, Laws of Utah 2005
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 41-6a-1806 is amended to read:
28 41-6a-1806. Compliance -- Civil litigation.
29 The failure to use a child restraint device or to wear a safety belt:
30 (1) does not constitute [contributory or] comparative negligence on the part of a person
31 seeking recovery for injuries if the person failing to use the child restraint device or wear the
32 safety belt is under 16 years of age; and
33 (2) may [not] be introduced as evidence in any civil litigation on the issue of
34 negligence, injuries, or the mitigation of damages.