Stark County, Ohio, Deputy Paul Brown hands a pack of Smarties to Minerva seniors Amaya Denman and Korin Colllins, both who were wearing seat belts when entering RG Drage. The Culinary FCCLA and Stark County Sheriff's Deputies stopped vehicles as they enter the parking lot to see whether occupants were wearing seat belts at a safety event on Feb. 28, 2022. Drage Fccla Safety Events 03
Sacramento, California – A proposed bill in California could make significant changes to child passenger safety laws, requiring children under 10 to use booster seats and prohibiting those under 13 from sitting in the front seat. Additionally, the measure would mandate that some children as old as 13 remain in booster seats unless they meet specific size criteria.
Traffic safety advocates argue that small-framed children, regardless of age, face higher injury risks in car crashes when not properly restrained. The proposal, Assembly Bill 435, was introduced by Assemblymember Lori Wilson (D-Suisun City) and has gained support from child safety and healthcare organizations. However, it has also sparked concerns over enforcement challenges and potential racial profiling.
Under current California law, children must use booster seats until they turn 8 or reach a height of 4 feet 9 inches. While the California Highway Patrol (CHP) recommends children under 13 sit in the back seat, it is not currently a legal requirement.
Wilson’s bill would go further, implementing a “five-step test” to determine if a child is ready to move out of a booster seat or sit in the front seat. The test evaluates whether the seat belt fits properly across the child’s body and if they can sit comfortably and safely without slouching or shifting during the trip.
Traffic safety experts, including the National Highway Traffic Safety Administration and the California Hospital Association, have endorsed the proposal, citing research that children who do not meet the test’s criteria face significantly higher risks in collisions.
Despite its safety intentions, the bill has raised enforcement concerns among lawmakers. Assemblymember Rhodesia Ransom (D-Stockton) expressed apprehension that the measure could give law enforcement an excuse to disproportionately pull over drivers of color. Wilson, who is also a member of the Legislative Black Caucus, acknowledged these concerns but expressed hope that profiling cases would be rare.
Republican lawmakers have also voiced skepticism. Assemblymember Tom Lackey (R-Palmdale), a retired CHP officer, questioned the feasibility of enforcing the law, noting that officers would have to rely on parental claims regarding a child’s age and size.
While AB 435 advanced through the Assembly Transportation Committee, its fate remains uncertain. Past “nanny state” legislation, such as proposed bans on youth tackle football and mandatory speed governors in new vehicles, have faced resistance or been vetoed by Governor Gavin Newsom.
The bill now moves to the Assembly Appropriations Committee, where its financial and logistical implications will be reviewed. If it passes, California would join states like Louisiana and Minnesota in adopting stricter booster seat regulations.
