2007 Montana Legislature

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HOUSE BILL NO. 648

INTRODUCED BY J. WARD

 

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING EVIDENCE OF FAILURE TO USE A SEATBELT TO BE ADMISSIBLE TO PROVE NEGLIGENCE IN A CIVIL ACTION FOR PERSONAL INJURY OR DEATH OF AN OCCUPANT OF A MOTOR VEHICLE FOR THE PURPOSE OF REDUCING OTHERWISE RECOVERABLE DAMAGES; REPEALING SECTION 61-13-106, MCA; AND PROVIDING AN APPLICABILITY DATE."

 

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

 

     NEW SECTION.  Section 1.  Evidence of failure to use seatbelt -- admissibility. (1) Except as provided in subsection (2), an occupant of a motor vehicle who fails to use a properly adjusted and fastened seatbelt in a moving motor vehicle is negligent. Evidence of this negligence is admissible in a civil action for personal injury or death of an occupant to whom this section applies.

     (2) Subsection (1) does not apply to:

     (a) a passenger who is an incapacitated person, as defined in 72-5-101;

     (b) a passenger who is under 18 years of age who has not been issued a driver's license; or

     (c) an occupant of a vehicle as described in 61-13-103(2).

 

     NEW SECTION.  Section 2.  Repealer. Section 61-13-106, MCA, is repealed.

 

     NEW SECTION.  Section 3.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 61, chapter 13, part 1, and the provisions of Title 61, chapter 13, part 1, apply to [section 1].

 

     NEW SECTION.  Section 4.  Applicability. [This act] applies to injuries or deaths occurring on or after October 1, 2007.

- END -

 


Latest Version of HB 648 (HB0648.01)
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