House Bill 1008

AN ACT TO AMEND SECTIONS 63-7-301 AND 63-7-305, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FAILURE TO COMPLY WITH LAW REQUIRING A CHILD PASSENGER RESTRAINT DEVICE OR SYSTEM FOR CERTAIN CHILD PASSENGERS SHALL CONSTITUTE A PRIMARY TRAFFIC OFFENSE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 63-7-301, Mississippi Code of 1972, is amended as follows:

63-7-301. (1) (a) Every person transporting a child under the age of four (4) years in a passenger motor vehicle, and operated on a public roadway, street or highway within this state, shall provide for the protection of the child by properly using a child passenger restraint device or system meeting applicable federal motor vehicle safety standards.

(b) Every person transporting a child in a passenger motor vehicle operated on a public roadway, street or highway within this state, shall provide for the protection of the child by properly using a belt positioning booster seat system meeting applicable federal motor vehicle safety standards if the child is at least four (4) years of age, but less than seven (7) years of age and measures less than four (4) feet nine (9) inches in height or weighs less than sixty-five (65) pounds.

(c) If more than two (2) children who are required under subsection (1) of this section to use a booster seat are being transported in a vehicle at one time, and the vehicle only has two (2) lap and shoulder belts in the rear seat, then only the two (2) children sitting in the seats with the lap and shoulder belts are required to use a belt positioning booster seat system and safety belt, and any other children may be secured with a safety seat lap belt only.

(2) The term "passenger motor vehicle" as used in Sections 63-7-301 through 63-7-311 has the same meaning as defined in Section 63-2-1(2). Sections 63-7-301 through 63-7-311 do not apply to the vehicles described in Section 63-2-1(3).

(3) Failure to provide and use a child passenger restraint device or system or a belt positioning booster seat system shall not be considered contributory or comparative negligence, however, the failure shall constitute a primary moving violation upon discovery and enforcement by any duly sworn law enforcement officer.

SECTION 2. Section 63-7-305, Mississippi Code of 1972, is amended as follows:

63-7-305. The provisions of Section 63-7-301 of this act may be enforced as a primary traffic violation by any duly sworn law enforcement officer of this state, or of any county or political subdivision thereof, without the need for the commission of any other legal violation as a prerequisite for the issuance of a citation under this chapter.

SECTION 3. This act shall take effect and be in force from and after July 1, 2024.