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California Vehicle Code Section 27360.5

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(a) No parent or legal guardian, when present in a motor
vehicle, as defined in Section 27315, may permit his or her child or
ward who is six years of age or older, but less than 16 years of age,
or who is less than six years of age and weighs 60 pounds or more to
be transported upon a highway in the motor vehicle without properly
securing the child or ward in an appropriate child passenger
restraint system or safety belt meeting applicable federal motor
vehicle safety standards.
   (b) No driver may transport on a highway any child who is six
years of age or older, but less than 16 years of age, or who is less
than six years of age and weighs 60 pounds or more in a motor
vehicle, as defined in Section 27315, without properly securing the
child in a child passenger restraint system or safety belt meeting
applicable federal motor vehicle safety standards.  This subdivision
does not apply to a driver if the parent or legal guardian of the
child is also present in the vehicle and is not the driver.
   (c) (1) A first offense under this section 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 child restraint education
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 provides economically disadvantaged
families with a child passenger restraint low-cost purchase or loaner
program. Upon completion of the program, the defendant shall provide
proof of participation in the program that includes an inspection of
a child passenger restraint system that meets applicable federal
safety standards.  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.
   The court may, at its discretion, require any defendant described
under this section to attend an education program that includes
demonstration of proper installation and use of child passenger
restraint systems and provides certification to the court that the
defendant has presented for inspection a child passenger restraint
system that meets applicable federal safety standards.
   (2) A second or subsequent offense under this section 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.
   The court may at its discretion, require any defendant described
under this section to attend an education program that includes
demonstration of proper installation and use of child passenger
restraint systems and provides certification to the court that the
defendant has presented for inspection a child passenger restraint
system that meets applicable federal safety standards.
   (d) Notwithstanding any other provision of law, the fines
collected for a violation of this section shall be allocated as
follows:
   (1) Sixty percent to county or city health departments where the
violation occurred, to be used for an education program that
includes, but is not limited to, the demonstration of proper
installation and use of child passenger restraint systems for
children of all ages and provides child restraints for loan or
low-cost purchase.
   (2) Twenty-five percent to the county or city for the
administration of the 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).

Last modified: January 12, 2009