AB 276

Under current law, with certain exceptions, no person may drive a motor vehicle

unless the driver and each passenger who is at least eight years old is properly

restrained by a safety belt (seat belt). Any driver, and any passenger who is at least

16 years of age, who violates these seat belt requirements may be required to forfeit

$10.

This bill increases the penalty for violating these seat belt requirements from

$10 to $25.

Also under current law, with certain exceptions, no child under the age of eight

years may be transported in a motor vehicle unless the child is properly restrained

in a child safety restraint system (car seat) or booster seat or by a seat belt. The type

of restraint system required depends on the age and size of the child, with more

protective systems required for younger or smaller children and less protective

systems required for older or larger children. A child who is:

1. Less than one year old or who weighs less than 20 pounds must be properly

restrained in a rear-facing car seat in the back seat of the vehicle if the vehicle is

equipped with a back seat.

2. At least one year old and weighs at least 20 pounds but is less than four years

old or weighs less than 40 pounds must be properly restrained in a forward-facing

car seat in the back seat of the vehicle if the vehicle is equipped with a back seat.

3. At least four years old but less than eight years old, weighs between 40 and

80 pounds, and is no more than four feet nine inches tall must be properly restrained

in a booster seat.

4. Under the age of eight and exceeds the weight or height limits specified in

item 3., above, must be properly restrained by a seat belt.

With an exception, a person who violates these car seat and booster seat

requirements is subject to the following penalties: 1) if the child is less than four

years old, a forfeiture of not less than $30 nor more than $75; and 2) if the child is

at least four years old and less than eight years old, a forfeiture of not less than $10

nor more than $25 for a first offense and not less than $25 nor more than $200 for

a second or subsequent conviction within three years.

This bill increases the penalty for violating these car seat and booster seat

requirements as follows: 1) if the child is less than four years old, the minimum

forfeiture is increased from $30 to $60 and the maximum forfeiture is increased from

$75 to $150; and 2) if the child is at least four years old and less than eight years old,

the minimum forfeiture for a first offense is increased from $10 to $25 and the

maximum forfeiture is increased from $25 to $50 and, for a second or subsequent

conviction within three years, the minimum forfeiture is increased from $25 to $50.