Sub. H.B. 320

127th General Assembly

(S. Highways & Transportation)

Specifies that violation of the booster seat provisions is a "secondary" traffic offense, which prohibits a law enforcement officer from stopping a vehicle for the sole purpose of determining whether a booster seat violation has occurred, rather than a primary offense as in the House passed version.

Removes from the version passed by the House a provision requiring that children under 18 years of age be restrained in an occupant restraining device if not otherwise subject to child safety seat or booster seat requirements and restores the existing law provision that imposes this requirement for children under 15 years of age.

Specifies that the child restraint requirements do not apply when an emergency exists that threatens the life of any person operating or occupying a motor vehicle that is being used to transport a child subject to the restraint provisions, rather than when an emergency threatens the life of the person operating the motor vehicle or a child who is subject to the restraint requirements, as in current law.

Deems it to be a single violation if the operator of a motor vehicle, at the same time, on the same day, and at the same location, fails to properly secure more than one child in a required child restraint system, booster seat, or occupant restraining device.

Sets the fine for a violation of the child restraint requirements at not less than $25 nor more than $75, rather than not less than $25, as in current law.

Specifies that a person is not required to carry a birth certificate to prove the age of a child, but that production of a valid birth certificate is a defense to violating the child restraint requirements.

Delays the effective date of the booster seat portions of the bill by six months and provides that for six months following that time, any person who violates the booster seat requirements must be given a warning and not a ticket, citation, or summons.

Permits a court, under certain circumstances, to grant unaccompanied driving privileges one time to a probationary driver's license holder who, because of a moving violation, otherwise would be subject to a restriction that the holder be accompanied by the holder's parent or guardian for a period of time.

H0320-127.doc/ss 12/17/08