Bill Text: IA SF2008 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act relating to the issuance of a citation to a parent or guardian for failure to use child restraint devices in a motor vehicle, and making a penalty applicable.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-14 - Subcommittee, Brase, Breitbach, and Danielson. S.J. 62. [SF2008 Detail]

Download: Iowa-2013-SF2008-Introduced.html
Senate File 2008 - Introduced SENATE FILE 2008 BY SODDERS A BILL FOR An Act relating to the issuance of a citation to a parent or 1 guardian for failure to use child restraint devices in a 2 motor vehicle, and making a penalty applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5387SS (3) 85 dea/nh
S.F. 2008 Section 1. Section 321.446, subsection 4, Code 2014, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0c. If a child under fourteen years of age, 3 or a child fourteen years of age or older who is unable to 4 fasten a seatbelt due to a temporary or permanent disability, 5 is transported in a manner that is not in compliance with 6 subsection 1 or 2, a parent or legal guardian traveling in 7 the vehicle with the child may be served with a citation for 8 a violation of this section in lieu of or in addition to the 9 operator. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill provides that the parent or legal guardian of 14 a child may be charged with a violation of child restraint 15 requirements if the parent or guardian is a passenger in 16 the same vehicle as the child and the child is not properly 17 restrained. A citation may be issued to the parent or guardian 18 whether or not the driver is also cited. The bill applies if 19 the child is under 14 years of age or if the child is 14 years 20 of age or older and is unable to fasten a seatbelt due to a 21 temporary or permanent disability. 22 Under current law, when child restraint requirements 23 are violated, a citation may be issued to the driver of the 24 vehicle, or, if the child is 14 years of age or older and 25 able to fasten a seatbelt, a citation may be issued to either 26 the child or the driver, or both. If the child is being 27 transported in a taxicab, a citation is issued to the parent, 28 guardian, or other responsible adult traveling with the child, 29 or to the child if the child is 14 years of age or older and 30 able to fasten a seatbelt, rather than to the taxicab operator. 31 A violation of child restrain requirements is a simple 32 misdemeanor punishable by a scheduled fine of $100. However, a 33 violation of child restraint requirements may not be considered 34 by the department of transportation for purposes of driver’s 35 -1- LSB 5387SS (3) 85 dea/nh 1/ 2
S.F. 2008 license suspension or determining habitual violator status. 1 -2- LSB 5387SS (3) 85 dea/nh 2/ 2
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