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NM SB313
Bill
Status
2/4/2026
Primary Sponsor
Antoinette Sedillo Lopez
Click for details
AI Summary
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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
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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
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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)
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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
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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