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HB 727 - Seat belts; failure to use; not evidence of causation

Lane, Robert (146th)	Martin, James L (145th)

Status Summary	HC:	Judy	SC:	Judy	FR:	02/22/99	LA:	04/16/99	Signed by Governor

First Reader Summary

A BILL to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to provide that the failure to use a safety belt in a motor vehicle designed primarily for on-road use shall not be considered by a finder of fact evidence of negligence or causation; and for other purposes.

HB 727                                            LC 22 3613S 
 
 
                ________________________ offers the following 
      substitute to HB 727: 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 40-8-76.1 of the Official Code of 
  1- 2  Georgia Annotated, relating to the use  of safety belts in 
  1- 3  passenger vehicles, so as to provide that the failure to use 
  1- 4  a safety belt in a motor vehicle which has a safety belt or 
  1- 5  belts shall not be considered by a finder of fact evidence 
  1- 6  of negligence or causation and shall not be considered in 
  1- 7  determining liability or to diminish a recovery for damages; 
  1- 8  to provide an effective date; to repeal conflicting laws; 
  1- 9  and for other purposes. 
 
  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-11                           SECTION 1. 
 
  1-12  Code Section 40-8-76.1 of the Official Code of Georgia 
  1-13  Annotated, relating to the use of safety belts in passenger 
  1-14  vehicles, is amended by striking in its entirety subsection 
  1-15  (d) and inserting in lieu thereof the following: 
 
  1-16    "(d) The failure of an occupant of a passenger motor 
  1-17    vehicle to wear a seat safety belt in any seat of a 
  1-18    passenger motor vehicle which has a seat safety belt or 
  1-19    belts shall not be considered evidence of negligence, or 
  1-20    causation, shall not otherwise be considered by the court 
  1-21    finder of fact on any question of liability of any person, 
  1-22    corporation, or insurer, shall not be any basis for 
  1-23    cancellation of coverage or increase in insurance rates, 
  1-24    and shall not be evidence used to diminish any recovery 
  1-25    for damages arising out of the ownership, maintenance, 
  1-26    occupancy, or operation of a passenger motor vehicle." 
 
  1-27                           SECTION 2. 
 
  1-28  This Act shall become effective upon its approval by the 
  1-29  Governor or upon its becoming law without such approval. 
 
  1-30                           SECTION 3. 
 
  1-31  All laws and parts of laws in conflict with this Act are 
  1-32  repealed. 
 
 
 
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