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HB32
L5QFCAW-1
By Representative Bolton
RFD: Public Safety and Homeland Security
First Read: 13-Jan-26
PFD: 14-Aug-25
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L5QFCAW-1 08/04/2025 CMH (L)bm 2025-2347
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PFD: 14-Aug-25
SYNOPSIS:
Under existing law, children are required to use
child passenger restraint systems based on their age
and weight. Specifically, children are required to use
rear-facing car seats until at least one year of age or
20 pounds; forward-facing convertible seats until at
least five years of age or 40 pounds; and booster seats
until at least six years of age.
This bill would revise the weight and age ranges
for determining the appropriate child passenger
restraint system and would increase penalties
associated with a violation.
A BILL
TO BE ENTITLED
AN ACT
Relating to motor vehicles; to amend Section 32-5-222,
Code of Alabama 1975, to further provide for the requirement
to use child passenger restraint systems; and to further
provide for the penalties for a violation.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 32-5-222, Code of Alabama 1975, is
amended to read as follows:
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amended to read as follows:
"§32-5-222
(a) Every person transporting a child in a motor
vehicle operated on the roadways, streets, or highways of this
state, shall provide for the protection of the child by
properly using an aftermarket or integrated child passenger
restraint system meeting applicable federal motor vehicle
safety standards and the requirements of subsection (b). This
section shall not be interpreted to release in part or in
whole the responsibility of an automobile manufacturer to
insure ensure the safety of children to a level at least
equivalent to existing federal safety standards for adults. In
no event shall failure to wear a child passenger restraint
system be considered as contributory negligence. The term
"motor vehicle" as used in this section shall include aany
passenger car, pickup truck, van (seating capacity of 10 or
less), minivan, or sports utility vehicle that has a seating
capacity of 10 less .
(b) The size appropriate restraint system required for
a child in subsection (a) must meet the requirements of
Section 32-5B-4 and shall include all of the following:
(1) Infant only seats andor convertible seats used in
the rear facing rear-facing position for infants until the
child is at least one year two years of age or 20 pounds 35
pounds in weight. In the event that a child is less than two
years of age and weighs more than the recommended weight
rating for the infant seat, but is less than 35 pounds, a
convertible seat must be used .
(2) Convertible seats in the forward position or
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(2) Convertible seats in the forward position or
forward facing forward-facing seats until the child is at least
five years of age or 40 pounds 65 pounds in weight .
(3) Booster Belt-positioning booster seats until the
child is at least six years of age and can satisfy all of the
following conditions:
a. The child is able to sit all the way back against
the vehicle seat.
b. The child's knees bend comfortably at the edge of
the seat.
c. The seatbelt crosses the child's shoulder between
the neck and arm.
d. The lap belt is able to lie flat across the child's
upper thighs.
e. The child is able to stay seated as described in
this subdivision for the entire trip .
(4) Seat belts until 15 years of age.
(c) No provision of this This section shall not be
construed as creating to create any duty, standard of care,
right, or liability between parent and child that is not
recognized under the laws of the State of Alabama as they
presently exist, or may, at any time in the future, be
constituted by statute or decision .
(d)(1) Any person violating the provisions of this
section shall be punished as follows:
a. On a first violation, the person may be fined
twenty-five dollars ($25) for each offense .
b. On a second violation within a five-year period, the
person shall be fined fifty dollars ($50).
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person shall be fined fifty dollars ($50).
c. On a third violation within a five-year period, the
person shall be fined one hundred dollars ($100).
d. On a fourth or subsequent violation within a
five-year period, the person shall be fined one hundred fifty
dollars ($150).
(2) The charges Upon a first violation only, the charge
may be dismissed by the trial judge hearing the case and no
court costs shall be assessed uponif the defendant provides
proof of acquisition of an appropriate child passenger
restraint.
(e) Fifteen dollars ($15) of aeach fine imposed under
subsection (d) shall be used to distribute vouchers for size
appropriate child passenger restraint systems to families of
limited income in the state. The fifteen dollars ($15) shall
be deposited in the State Treasury to be distributed by the
state Comptroller to the Department of Public Health, which
shall administer the program free of charge.
(f) Nothing in this section The provisions of this
section notwithstanding, nothing contained herein shall be
deemed a violation of any law whichthat would otherwise
nullify or change in any way the provisions or coverage of any
insurance contract.
(g) For the purpose of identifying habitually negligent
drivers and habitual or frequent violators, the Department of
Public Safety Secretary of the Alabama State Law Enforcement
Agency shall assess the following points:
(1) Violation of child safety restraint requirements,
first offense ......................1 point.
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first offense ......................1 point.
(2) Violation of child safety restraint requirements,
second or subsequent offense .............2 points.
(h) Every person transporting a child shall be
responsible for assuring ensuring that each child is properly
restrained pursuant to this section . The provisions shall ;
provided, this subsection does not apply to taxis and all or
any motor vehicles with a seating capacity of 11 or more
passengers.
(i) Each state, county, and municipal police department
shall maintain statistical information on traffic stops of
minorities pursuant to this section, and shall report that
information monthly to the Department of Public Safety Alabama
State Law Enforcement Agency and the Office of the Attorney
General."
Section 2. This act shall become effective on October
1, 2026.
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