BILL NUMBER: AB 53	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 24, 2015
	PASSED THE ASSEMBLY  MAY 11, 2015
	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, 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 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.


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2017, and as of that date is repealed, unless a later enacted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.