CHAPTER 418

FORMERLY

HOUSE BILL NO. 490

AS AMENDED BY HOUSE AMENDMENT NO. 3

AN ACT TO AMEND TITLE 21 Of THE DELAWARE CODE RELATING TO CHILD RESTRAINT LAWS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Title 21, Subsection 4803(a) of the Delaware Code by

striking the first sentence in its entirety and substituting in lieu thereof the following:

"(a) Every person shall be responsible, when transporting a child under the age of 4 years in a motor vehicle operated on the roadways, streets or highways of this State, for providing for the protection of the child by properly using a child passenger restraint system meeting the federal motor vehicle safety standards.'

Section 2. Amend Title 21, Section 4803 of the Delaware Code by adding a new subsection (b) to follow subsection (a), and by redesignating the subsequent existing subsections, which new subsection shall read:

'(b) Every child who has attained the age of 4 and has not yet attained the age of 16 shall wear a fastened seat belt or child passenger restraint system at all times while in a motor vehicle operated on the roadways, streets, or highways of this State.'

Section 3. Amend Title 21, Section 4803 of the Delaware Code by inserting, after the word 'violator' and before the word of as they appear in

subsection (c), formerly designated subsection (b), the following: 'of
subsection (a)'.

Section 4. Amend Title 21, Section 4803 of the Delaware Code by inserting, after 'child passenger restraint system' and before for as they appear in the second sentence in subsection (d), formerly designated subsection (c), the words or seat belt'.

Section 5. Amend Title 21, Section 4803 of the Delaware Code by striking the words 'Failure to wear a child passenger restraint system' as they appear at the beginning of subsection (e), formerly designated subsection (d), and by inserting in place thereof: 'A violation of this section'.

Section 6. Amend Title 21, Section 4803 of the Delaware Code by inserting, after the words 'nor shall failure to wear a child passenger restraint system' and before the words be admissible as evidence' as they appear in subsection (e), formerly designated subsection (d), the words: 'or seat belt in violation of this section'.

Section 7. Amend Title 21, Section 4803 of the Delaware Code by striking the number '4' as it appears in subsection (e), formerly designated subsection (d), and by inserting in place thereof the number '16'.

Section 8. Amend Title 21, Section 4803 of the Delaware Code by inserting, after 'suit' and before 'arising' as they appear in the second sentence in subsection (e), formerly designated subsection (d), the words:

'or of criminal negligence or recklessness In any criminal action'."

Approved July 14, 1994.