Section 27360.6 Of Article 3.3. Child Safety Belt And Passenger Restraint Requirements From California Vehicle Code >> Division 12. >> Chapter 5. >> Article 3.3.
27360.6
. (a) (1) For a conviction under Section 27360 or 27360.5, a
first offense is punishable by a fine of one hundred dollars ($100),
except that the court may reduce or waive the fine if the defendant
establishes to the satisfaction of the court that he or she is
economically disadvantaged, and the court, instead, refers the
defendant to a community education program that includes, but is not
limited to, education on the proper installation and use of a child
passenger restraint system for children of all ages, and provides
certification to the court of completion of that program. Upon
completion of the program, the defendant shall provide proof of
participation in the program. If an education program on the proper
installation and use of a child passenger restraint system is not
available within 50 miles of the residence of the defendant, the
requirement to participate in that program shall be waived. If the
fine is paid, waived, or reduced, the court shall report the
conviction to the department pursuant to Section 1803.
(2) The court may require a defendant described under paragraph
(1) to attend an education program that includes demonstration of
proper installation and use of a child passenger restraint system and
provides certification to the court that the defendant has presented
for inspection a child passenger restraint system that meets
applicable federal safety standards.
(b) (1) A second or subsequent conviction under Section 27360 or
27360.5 is punishable by a fine of two hundred fifty dollars ($250),
no part of which may be waived by the court, except that the court
may reduce or waive the fine if the defendant establishes to the
satisfaction of the court that he or she is economically
disadvantaged, and the court, instead refers the defendant to a
community education program that includes, but is not limited to,
education on the proper installation and use of child passenger
restraint systems for children of all ages, and provides
certification to the court of completion of that program. Upon
completion of the program, the defendant shall provide proof of
participation in the program. If an education program on the proper
installation and use of a child passenger restraint system is not
available within 50 miles of the residence of the defendant, the
requirement to participate in that program shall be waived. If the
fine is paid, waived, or reduced, the court shall report the
conviction to the department pursuant to Section 1803.
(2) The court may require a defendant described under paragraph
(1) to attend an education program that includes demonstration of
proper installation and use of a child passenger restraint system and
provides certification to the court that the defendant has presented
for inspection a child passenger restraint system that meets
applicable federal safety standards.
(c) Notwithstanding any other law, the fines collected under this
section shall be allocated as follows:
(1) (A) Sixty percent to health departments of local jurisdictions
where the violation occurred, to be used for a community education
and assistance program that includes, but is not limited to,
demonstration of the proper installation and use of child passenger
restraint systems for children of all ages and assistance to
economically disadvantaged families in obtaining a restraint system
through a low-cost purchase or loan. The county or city health
department shall designate a coordinator to facilitate the creation
of a special account and to develop a relationship with the court
system to facilitate the transfer of funds to the program. The county
or city may contract for the implementation of the program. Prior to
obtaining possession of a child passenger restraint system pursuant
to this subdivision, a person shall attend an education program that
includes demonstration of proper installation and use of a child
passenger restraint system.
(B) As the proceeds from fines become available, county or city
health departments shall prepare and maintain a listing of all child
passenger restraint low-cost purchase or loaner programs in their
counties, including a semiannual verification that all programs
listed are in existence. Each county or city shall forward the
listing to the Office of Traffic Safety in the Business,
Transportation and Housing Agency and the courts, birthing centers,
community child health and disability prevention programs, county
clinics, prenatal clinics, women, infants, and children programs, and
county hospitals in that county, who shall make the listing
available to the public. The Office of Traffic Safety shall maintain
a listing of all of the programs in the state.
(2) Twenty-five percent to the county or city for the
administration of the community education program.
(3) Fifteen percent to the city, to be deposited in its general
fund except that, if the violation occurred in an unincorporated
area, this amount shall be allocated to the county for purposes of
paragraph (1).