BILL NUMBER: AB 1452	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hill

                        JANUARY 5, 2012

   An act to amend Section 27363.5 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1452, as introduced, Hill. Vehicles: child passenger
restraints.
   (1) Existing law requires a public or private hospital, clinic, or
birthing center, at the time of discharge of a child, to provide and
discuss information on the current law requiring child passenger
restraint systems, safety belts, and the transportation of children
in rear seats to the parents or the person to whom the child is
released if the child is under 8 years of age, but specifies that a
public or private hospital, clinic, or birthing center shall not be
responsible for the failure of the parent or person to whom the child
is released to properly transport the child.
   This bill would require a public or private hospital, clinic, or
birthing center, at the time a child under 8 years of age is
discharged, to also provide and discuss contact information relating
to obtaining, at no cost or low cost, information and assistance
relating to child passenger restraint system requirements,
installation, and inspection, including, among other things, the
telephone number of the local office of the Department of the
California Highway Patrol. Because this bill would expand the
definition of an existing crime, it would impose a state-mandated
local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares the following:
   (a) Motor vehicle crashes are the leading cause of death of
children three to 14 years of age inclusive.
   (b) Many of these deaths can be prevented through the proper use
of child safety seats.
   (c) According to the National Highway Traffic Safety
Administration (NHTSA), child safety seats can reduce fatal injury by
71 percent for infants and by 54 percent for toddlers one to four
years of age.
   (d) Unfortunately, according to a recent study, over 90 percent of
parents and caregivers believe their child safety seats are
installed correctly, but NHTSA research shows that seven out of 10
children are improperly restrained, putting them at risk for serious
injury or death in a crash.
  SEC. 2.  Section 27363.5 of the Vehicle Code is amended to read:
   27363.5.  (a) A public or private hospital, clinic, or birthing
center  ,  shall, at the time of the discharge of a
child  ,  provide  to  and discuss  with the
parents or the person to whom the child is released, if the child is
under eight years of age,  information on the current law
requiring child passenger restraint systems, safety belts, and the
transportation of children in rear seats  to the parents or
the person to whom the child is released if the child is under eight
years of age  . 
   (b) A public or private hospital, clinic, or birthing center shall
also provide to and discuss with the parent or person to whom the
child is released, if the child is under eight years of age, contact
information to direct the person to an Internet Web site or other
contact that could provide, at no cost or low cost, information and
assistance relating to child passenger restraint system requirements,
installation, and inspection. Pursuant to this subdivision, the
hospital, clinic, or birthing center does not have any additional
obligation to provide patients with any assistance relating to child
passenger restraint systems, other than providing the contact
information as set forth in this subdivision. This contact
information may include the following:  
   (1) Call 1-866-SEAT-CHECK or visit www.seatcheck.org to find a
nearby location.  
   (2) The telephone number of the local office of the Department of
the California Highway Patrol.  
   (3) The Internet Web site for the National Highway Traffic Safety
Administration's Child Safety Seat Inspection Station Locator.

   (4) The Internet Web site for the State Department of Public
Health's child passenger restraint system safety inspection locator.
 
   (b) 
    (c)  A public or private hospital, clinic, or birthing
center shall not be responsible for the failure of the parent or
person to whom the child is released to properly transport the child.

  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.