LRB-5101/1
EVM:ahe
2017 - 2018 LEGISLATURE
January 19, 2018 - Introduced by Senators L. Taylor, Johnson, Carpenter and
Risser, cosponsored by Representatives C. Taylor, Anderson, Sargent,
Spreitzer, Crowley, Pope, Subeck, Zamarripa, Considine and Sinicki.
Referred to Committee on Judiciary and Public Safety.
SB703,1,3
1An Act to amend 347.48 (4) (as) 1. and 347.48 (4) (as) 2.; and
to create 347.50
2(3) (am) of the statutes;
relating to: use of child safety restraint systems in
3motor vehicles and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill requires that children who are less than two years old must be properly
restrained in a rear-facing car seat.
Under current law, with certain exceptions, no child under the age of eight years
may be transported in a motor vehicle unless the child is properly restrained in a
child safety restraint system (car seat) or booster seat or by a safety belt (seat belt).
The type of restraint system required depends on the age and size of the child, with
more protective systems required for younger or smaller children and less protective
systems required for older or larger children. A child who is:
1. Less than one year old or who weighs less than 20 pounds must be properly
restrained in a rear-facing car seat in the back seat of the vehicle if the vehicle is
equipped with a back seat.
2. At least one year old and weighs at least 20 pounds but is less than four years
old or weighs less than 40 pounds must be properly restrained in either a rear-facing
or forward-facing car seat in the back seat of the vehicle if the vehicle is equipped
with a back seat.
3. At least four years old but less than eight years old, weighs between 40 and
80 pounds, and is no more than four feet nine inches tall must be properly restrained
in a booster seat or in a rear-facing or forward-facing car seat in the back seat of the
vehicle if the vehicle is equipped with a back seat.
4. Under the age of eight and exceeds the weight or height limits specified in
item 3, above, must be properly restrained by a seat belt or in a car seat or booster
seat as described above.
Under this bill, item 1, above, is expanded to cover all children who are less than
two years old.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB703,1
1Section
1. 347.48 (4) (as) 1. of the statutes is amended to read:
SB703,2,52
347.48
(4) (as) 1. If the child is less than
one year 2 years old
or weighs less than
320 pounds, the child shall be properly restrained in a rear-facing child safety
4restraint system, positioned at a designated seating position in a back passenger seat
5of the vehicle if the vehicle is equipped with a back passenger seat.
SB703,2
6Section
2. 347.48 (4) (as) 2. of the statutes is amended to read:
SB703,2,127
347.48
(4) (as) 2. Subject to subd. 1., if the child is at least
one year 2 years old
8and weighs at least 20 pounds but is less than 4 years old or weighs less than 40
9pounds, the child shall be properly restrained as provided in subd. 1. or properly
10restrained in a forward-facing child safety restraint system, positioned at a
11designated seating position in a back passenger seat of the vehicle if the vehicle is
12equipped with a back passenger seat.
SB703,3
13Section
3. 347.50 (3) (am) of the statutes is created to read:
SB703,3,214
347.50
(3) (am) After December 31, 2017, and before January 1, 2019, no
15forfeiture may be assessed under par. (a) if the violator was improperly transporting
16a child who was at least one year old but was less than 2 years old and the child was
17properly restrained in a forward-facing child safety restraint system, positioned at
1a designated seating position in a back passenger seat of the vehicle if the vehicle was
2equipped with a back passenger seat.
SB703,4
3Section
4.
Initial applicability.
SB703,3,64
(1)
This act first applies to violations committed on the effective date of this
5subsection, but does not preclude the counting of other violations as prior violations
6for purposes of sentencing a person.
SB703,5
7Section
5.
Effective date.
SB703,3,88
(1)
This act takes effect on the 30th day after the day of publication.
