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2016 Freedom Index: Senate Bill 1312
2016 Freedom Index: Senate Bill 1312
Bill
1312
2016
Freedom
Index
Score
(-2)
Analyst:
Fred
Birnbaum
Date:
February
15,
2016
ANALYST'S
NOTE:
Senate
Bill
1312
would
allow
police
officers
to
issue
citations
to:
motorists
under
age
18
who
are
not
wearing
safety
restraints
(seat
belts)
while
operating
motor
vehicles;
vehicle
occupants
under
eighteen
who
are
not
wearing
safety
restraints;
and
vehicle
operators
over
the
age
of
eighteen,
if
an
occupant
is
17
or
younger
and
not
wearing
a
safety
restraint.
For
these
classes
of
violators,
the
wearing
of
a
safety
restraints
would
become
a
primary
offense,
which
means
a
motorist
could
be
stopped
simply
for
not
wearing
a
safety
restraint.
Current
law
does
not
allow
motorists
to
be
stopped
solely
for
a
safety
restraint
violation,
meaning
that
it
is
a
secondary
offense.
The
bill
is
written
to
sunset
on
June
30,
2019,
and
is
called,
a
test
safety
restraint
program,
because
in
year
one
only
warnings
could
be
issued,
but
during
years
two
and
three
citations
could
be
issued
before
the
law
is
slated
to
expire
on
June
30,
2019.
Point
No.
5
Does
it
directly
or
indirectly
create
or
increase
any
taxes,
fees,
or
other
assessments?
ANALYSIS:
SB
1312
would
increase
fines
for
safety
restraint
violations
from
$10
to
$45
in
years
two
and
three
of
this
test
program.
(-1)
Point
no.
10
Does
it
directly
or
indirectly
increase
create
or
increase
penalties
for
victimless
crimes?
ANALYSIS:
Fines
would
increase
from
$10
to
$45
in
years
two
and
three
of
the
program
for
the
infraction
of
not
wearing
a
safety
restraint
and
the
infraction
would
become
a
primary
infraction,
which
means
a
violator
could
be
stopped
solely
for
this
infraction.
In
year
one,
only
a
warning
could
be
given
for
a
primary
offense
violation.
Currently,
not
wearing
a
safety
restraint
is
a
secondary
infraction,
which
means
a
violator
must
be
stopped
for
a
separate
violation
before
a
citation
can
be
issued
for
not
wearing
a
seat
belt.
(-1)