SB 68 — AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO OCCUPANT PROTECTIONS.

Summary

This Act revises Delaware’s child safety seat requirements which currently requires an “appropriate” car seat or booster. Under this Act, children under 2 years and under 30 pounds must be seated in a rear-facing seat with a 5-point harness. Children under 4 years and under 40 pounds must be seated in either a forward facing or rear-facing seat with a 5-point harness. Children between the ages of 4 and 16, must be seated in a booster based upon the manufacturer’s guidelines or a seatbelt. This Act removes the existing fine for the first offense and requests law enforcement to provide a referral to the Office of Highway Safety car seat fitting station for guidance and education regarding proper use of a child restraint. Under this Act, the Department of Safety and Homeland Security is required to implement an awareness campaign within 180 days of enactment. The remainder of the Act will not take effect until 1 year following its enactment.

Bill Text

• Bill Text View text Current pdf

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This bill revises Delaware's child safety seat requirements and eliminates the fine for first offenses.

• § 4803

  a child safety seat or booster seat meeting federal motor vehicle safety standards, and that is appropriate for the child’s weight and height. → a child safety seat or booster seat meeting federal motor vehicle safety standards, and that is appropriate for the child's age, weight and height, or a properly secured seatbelt.

  Updates the criteria for child safety seat requirements to include the use of properly secured seatbelts.

• § 4803

  who has either attained the age of 8 or a weight in excess of 65 pounds and has not yet attained the age of 16 → who has reached the upper height and weight limits per the manufacturer’s guidelines of a belt position booster seat and has not yet attained the age of 16

  Changes the criteria for seatbelt use for children who exceed the limits of a booster seat.

• § 4803

  A child under the age of 2 years and less than 30 pounds shall be properly secured in a rear-facing child restraint equipped with a 5-point harness. → A child under the age of 2 years and less than 30 pounds shall be properly secured in a rear-facing child restraint equipped with a 5-point harness.

  Clarifies the requirements for securing children under 2 years old.

• § 4803

  A child under the age of 4 and less than 40 pounds shall be properly secured in a child restraint equipped with a 5-point harness. This restraint shall be either rear-facing or forward facing until they reach the upper height or weight limits of the restraint. → A child under the age of 4 and less than 40 pounds shall be properly secured in a child restraint equipped with a 5-point harness. This restraint shall be either rear-facing or forward facing until they reach the upper height or weight limits of the restraint.

  Ensures consistent safety standards for children under 4 years old.

• § 4803

  A violation of this section shall not be considered as evidence of either comparative or contributory negligence in any civil suit or of criminal negligence or recklessness in any criminal action arising out of any motor vehicle accident in which a child under 16 is injured, nor shall failure to wear a child passenger restraint system or seat belt in violation of this section be admissible as evidence in the trial of any civil action. → A violation of this section shall not be considered as evidence of either comparative or contributory negligence in any civil suit or of criminal negligence or recklessness in any criminal action arising out of any motor vehicle accident in which a child under 16 is injured, nor shall failure to wear a child passenger restraint system or seat belt in violation of this section be admissible as evidence in the trial of any civil action.

  Reaffirms that violations of the child safety seat laws cannot be used against a driver in civil or criminal cases.

• § 4803

  $25 for each violation. → for first offenses.

  Removes the fine for the first offense of failing to secure a child properly.

• § 4803

  Law enforcement should provide a referral to the Office of Highway Safety car seat fitting station for guidance and education regarding proper use of a child restraint. → Law enforcement should provide a referral to the Office of Highway Safety car seat fitting station for guidance and education regarding proper use of a child restraint.

  Clarifies that law enforcement should assist with educational resources regarding child restraints.

• § 4803

  The Department of Safety and Homeland Security shall implement an awareness campaign to educate motorists about the components of the law and to encourage the public to correctly and consistently uses child safety seats, booster seats and seatbelts. → The Department of Safety and Homeland Security shall implement an awareness campaign to educate motorists about the components of the law and to encourage the public to correctly and consistently uses child safety seats, booster seats and seatbelts.

  Mandates the Department of Safety and Homeland Security to create a public awareness campaign.

• § 4803

  No less than 180 days following the enactment of this Act, → 180 days following the enactment of this Act,

  Sets a specific timeline for the awareness campaign following the enactment of the law.

Action History

1. June 30, 2023

   Signed by Governor

2. June 06, 2023

   Passed By House. Votes: 40 YES 1 ABSENT

3. May 16, 2023

   Reported Out of Committee (Public Safety & Homeland Security) in House with 5 On Its Merits

4. May 12, 2023

   Assigned to Public Safety & Homeland Security Committee in House

5. May 11, 2023

   Passed By Senate. Votes: 21 YES

6. May 03, 2023

   Reported Out of Committee (Environment, Energy & Transportation) in Senate with 7 On Its Merits

7. April 19, 2023

   Introduced and Assigned to Environment, Energy & Transportation Committee in Senate

Sponsors

• Kendra Johnson · Primary
• Ronald E. Gray · Primary
• Timothy D. Dukes · Primary
• Franklin D. Cooke · Primary
• Marie Pinkney · Primary
• Brian Pettyjohn · Primary
• Russell Huxtable · Primary
• Nicole Poore · Primary
• Bryan Townsend · Primary
• S. Elizabeth Lockman · Primary
• Kyle Evans Gay · Primary
• Peter C. Schwartzkopf · Primary

Votes

Subjects