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NM SB313

Bill

Status

Introduced

2/4/2026

Primary Sponsor

Antoinette Sedillo Lopez

Click for details

Origin

Senate

2026 Regular Session

AI Summary

  • Removes existing legal protections that prevent failure to use a child passenger restraint device or safety belt from being considered fault or negligence in civil cases

  • Eliminates provisions that prohibited courts from limiting or apportioning damages based on a passenger's failure to wear a safety belt or use a child restraint

  • Amends two sections of New Mexico law: Section 66-7-369 (Child Passenger Restraint) and Section 66-7-373 (Enforcement Programs under the Safety Belt Use Act)

  • Retains all existing requirements for child restraints by age and weight, including rear-facing seats for children under one year, child seats for ages 1-4 or under 40 pounds, and booster seats for ages 5-6 or under 60 pounds

  • Allows evidence of seat belt or child restraint non-use to be introduced in personal injury lawsuits to establish comparative fault and potentially reduce damage awards

Legislative Description

Child Car Seat Fastening As Negligence

Last Action

SCC: Reported by committee to fall within the purview of a 30 day session

2/9/2026

Committee Referrals

Committees2/4/2026

Full Bill Text

No bill text available