Bill Text: CA AB53 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: child safety seats.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-09-21 - Chaptered by Secretary of State - Chapter 292, Statutes of 2015. [AB53 Detail]

Download: California-2015-AB53-Amended.html

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BILL NUMBER: AB 53	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2015

INTRODUCED BY   Assembly Member Cristina Garcia

                        DECEMBER 1, 2014

   An act to amend  , repeal, and add  Section 27360 of the
Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 53, as amended, Cristina Garcia. Vehicles: child safety seats.
   Existing law requires a parent, legal guardian, or the driver of a
motor vehicle to properly secure a child under 8 years of age in an
appropriate passenger restraint system while the child is riding in a
motor vehicle.    A violation of the Vehicle Code is a
crime. 
   This bill would require a parent, legal guardian, or the driver of
a motor vehicle to properly secure a child  who is  under 2
years of age in an appropriate  rear facing child safety
seat while the child is riding in a motor vehicle.  
rear-facing child passenger restraint system, unless the child weighs
40 or more pounds or is 40 or more inches in height. Because a
violation of these requirements would be a crime, this bill would
impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 27360 of the   Vehicle
Code   is amended to read: 
   27360.  (a) Except as provided in Section 27363, a parent, legal
guardian, or driver shall not transport on a highway in a motor
vehicle, as defined in paragraph (1) of subdivision (c) of Section
27315, a child or ward who is under eight years of age, without
properly securing that child in a rear seat in an appropriate child
passenger restraint system meeting applicable federal motor vehicle
safety standards.
   (b) Subdivision (a) does not apply to a driver if the parent or
legal guardian of the child is also present in the motor vehicle and
is not the driver. 
   (c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. 
   SEC. 2.    Section 27360 is added to the  
Vehicle Code   , to read:  
   27360.  (a) Except as provided in Section 27363, a parent, legal
guardian, or driver who transports a child under eight years of age
on a highway in a motor vehicle, as defined in paragraph (1) of
subdivision (c) of Section 27315, shall properly secure that child in
a rear seat in an appropriate child passenger restraint system
meeting applicable federal motor vehicle safety standards.
   (b) Except as provided in Section 27363, a parent, legal guardian,
or driver who transports a child under two years of age on a highway
in a motor vehicle, as defined in paragraph (1) of subdivision (c)
of Section 27315, shall properly secure the child in a rear-facing
child passenger restraint system that meets applicable federal motor
vehicle safety standards, unless the child weighs 40 or more pounds
or is 40 or more inches tall. The child shall be secured in a manner
that complies with the height and weight limits specified by the
manufacturer of the child passenger restraint system.
   (c) This section does not apply to a driver if the parent or legal
guardian of the child is a passenger in the motor vehicle.
   (d) This section shall become operative January 1, 2017. 
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 27360 of the Vehicle Code is
amended to read:
   27360.  (a) Except as provided in Section 27363, a parent, legal
guardian, or driver shall not transport on a highway in a motor
vehicle, as defined in paragraph (1) of subdivision (c) of Section
27315, a child who is under eight years of age, without properly
securing that child in a rear seat in an appropriate child passenger
restraint system meeting applicable federal motor vehicle safety
standards.
   (b) Except as provided in Section 27363, a parent, legal guardian,
or driver shall not transport on a highway in a motor vehicle, as
defined in paragraph (1) of subdivision (c) of Section 27315, a child
who is under two years of age, without properly securing that child
in a rear facing child safety seat meetingapplicable federal motor
vehicle safety standards.
   (c) Subdivision (a) or (b) does not apply to a driver if the
parent or legal guardian of the child is a passenger in the motor
vehicle.