Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 53


Introduced by Assembly Member Cristina Garcia

December 1, 2014


An act to amendbegin insert, repeal, and addend insert 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.begin insert end insertbegin insertA violation of the Vehicle Code is a crime.end insert

This bill would require a parent, legal guardian, or the driver of a motor vehicle to properly secure a childbegin insert who isend insert under 2 years of age in an appropriatebegin delete rear facing child safety seat while the child is riding in a motor vehicle.end deletebegin insert 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.end insert

begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 27360 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
2read:end insert

3

27360.  

(a) Except as provided in Section 27363, a parent, legal
4guardian, or driver shall not transport on a highway in a motor
5vehicle, as defined in paragraph (1) of subdivision (c) of Section
627315, a child or ward who is under eight years of age, without
7properly securing that child in a rear seat in an appropriate child
8passenger restraint system meeting applicable federal motor vehicle
9safety standards.

10(b) Subdivision (a) does not apply to a driver if the parent or
11legal guardian of the child is also present in the motor vehicle and
12is not the driver.

begin insert

13(c) This section shall remain in effect only until January 1, 2017,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2017, deletes or extends that date.

end insert
16begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 27360 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
17

begin insert27360.end insert  

(a) Except as provided in Section 27363, a parent,
18legal guardian, or driver who transports a child under eight years
19of age on a highway in a motor vehicle, as defined in paragraph
20(1) of subdivision (c) of Section 27315, shall properly secure that
21child in a rear seat in an appropriate child passenger restraint
22system meeting applicable federal motor vehicle safety standards.

23(b) Except as provided in Section 27363, a parent, legal
24guardian, or driver who transports a child under two years of age
25on a highway in a motor vehicle, as defined in paragraph (1) of
26subdivision (c) of Section 27315, shall properly secure the child
27in a rear-facing child passenger restraint system that meets
28applicable federal motor vehicle safety standards, unless the child
29weighs 40 or more pounds or is 40 or more inches tall. The child
30shall be secured in a manner that complies with the height and
31weight limits specified by the manufacturer of the child passenger
32restraint system.

33(c) This section does not apply to a driver if the parent or legal
34guardian of the child is a passenger in the motor vehicle.

35(d) This section shall become operative January 1, 2017.

end insert
36begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
37Section 6 of Article XIII B of the California Constitution because
38the only costs that may be incurred by a local agency or school
P3    1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.

end insert
begin delete
7

SECTION 1.  

Section 27360 of the Vehicle Code is amended
8to read:

9

27360.  

(a) Except as provided in Section 27363, a parent, legal
10guardian, or driver shall not transport on a highway in a motor
11vehicle, as defined in paragraph (1) of subdivision (c) of Section
1227315, a child who is under eight years of age, without properly
13securing that child in a rear seat in an appropriate child passenger
14restraint system meeting applicable federal motor vehicle safety
15standards.

16(b) Except as provided in Section 27363, a parent, legal
17guardian, or driver shall not transport on a highway in a motor
18vehicle, as defined in paragraph (1) of subdivision (c) of Section
1927315, a child who is under two years of age, without properly
20securing that child in a rear facing child safety seat
21meetingapplicable federal motor vehicle safety standards.

22(c) Subdivision (a) or (b) does not apply to a driver if the parent
23or legal guardian of the child is a passenger in the motor vehicle.

end delete


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