New Mexico legislation · 2026 Regular Session
New Mexico SB313: CHILD CAR SEAT FASTENING AS NEGLIGENCE
Status: In committee, February 9, 2026
What the bill says
An act relating to motor vehicles; eliminating provisions of law that failure to be secured by a child passenger restraint device or by a safety belt as required by the safety belt use act shall not in any instance constitute fault or negligence and shall not limit or apportion damages.
From the introduced text, February 4, 2026:
AN ACT RELATING TO MOTOR VEHICLES; ELIMINATING PROVISIONS OF LAW THAT FAILURE TO BE SECURED BY A CHILD PASSENGER RESTRAINT DEVICE OR BY A SAFETY BELT AS REQUIRED BY THE SAFETY BELT USE ACT SHALL NOT IN ANY INSTANCE CONSTITUTE FAULT OR NEGLIGENCE AND SHALL NOT LIMIT OR APPORTION DAMAGES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. Section 66-7-369 NMSA 1978 (being Laws 1983, Chapter 252, Section 2, as amended) is amended to read: "66-7-369. CHILD PASSENGER RESTRAINT--ENFORCEMENT.-- A. A person shall not operate a passenger car, van or pickup truck in this state, except for an authorized emergency vehicle, public transportation or a school bus, unless all passengers less than eighteen years of age are properly restrained. .233258.3GLG wen = lairetam derocsrednu eteled = ]lairetam detekcarb[ B. Each person less than eighteen years of age shall be properly secured in a child passenger restraint device or by a safety belt, unless all seating positions equipped with safety belts are occupied, as follows: (1) children less than one year of age shall be properly secured in a rear-facing child passenger restraint device that meets federal standards, in the rear seat of a vehicle that is equipped with a rear seat. If the vehicle is not equipped with a rear seat, the child may …
Sponsors
- Antoinette Sedillo Lopez (D, SD-016) · primary sponsor
Latest actions
- : SCC: Reported by committee to fall within the purview of a 30 day session
- : Sent to SCC - Referrals: SCC/STBTC/SJC
- : Action Postponed Indefinitely
Subjects: MOTOR VEHICLES (autos, trucks, buses, cycles), CHILDREN & FAMILIES
Common questions
- What is SB313?
- SB313 is a bill in the New Mexico Legislature (2026 Regular Session): CHILD CAR SEAT FASTENING AS NEGLIGENCE.
- What does SB313 do?
- In its own words: An act relating to motor vehicles; eliminating provisions of law that failure to be secured by a child passenger restraint device or by a safety belt as required by the safety belt use act shall not in any instance constitute fault or negligence and shall not limit or apportion damages.
- What is the status of SB313?
- In committee as of February 9, 2026. Latest action: SCC: Reported by committee to fall within the purview of a 30 day session (February 9, 2026).
- Who sponsored SB313?
- Antoinette Sedillo Lopez (D, SD-016).
- Where is the official record for SB313?
- On the New Mexico Legislature website: https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=313&year=26
Source: official New Mexico record. Tracked by Delilah, AI for legislation across all 50 states and Congress.