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California Vehicle Code Section 27360

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(a) A parent or legal guardian, when present in a motor
vehicle, as defined in Section 27315, may not permit his or her child
or ward to be transported upon a highway in the motor vehicle
without properly securing the child or ward in a rear seat in a child
passenger restraint system meeting applicable federal motor vehicle
safety standards, unless the child or ward is one of the following:
   (1) Six years of age or older.
   (2) Sixty pounds or more.
   (b) (1) A driver may not transport on a highway a child in a motor
vehicle, as defined in Section 27315, without properly securing the
child in a rear seat in a child passenger restraint system meeting
applicable federal motor vehicle safety standards, unless the child
is one of the following:
   (A) Six years of age or older.
   (B) Sixty pounds or more.
   (2) 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) For purposes of subdivisions (a) and (b), and except as
provided in paragraph (2), a child or ward under the age of six years
who weighs less than 60 pounds may ride in the front seat of a motor
vehicle, if properly secured in a child passenger restraint system
that meets applicable federal motor vehicle safety standards, under
any of the following circumstances:
   (A) There is no rear seat.
   (B) The rear seats are side-facing jump seats.
   (C) The rear seats are rear-facing seats.
   (D) The child passenger restraint system cannot be installed
properly in the rear seat.
   (E) All rear seats are already occupied by children under the age
of 12 years.
   (F) Medical reasons necessitate that the child or ward not ride in
the rear seat. The court may require satisfactory proof of the child'
s medical condition.
   (2) A child or ward may not ride in the front seat of a motor
vehicle with an active passenger airbag if the child or ward is one
of the following:
   (A) Under one year of age.
   (B) Less than 20 pounds.
   (C) Riding in a rear-facing child passenger restraint system.
   (d) (1) (A) 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 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.
   (B) The court may require a defendant described under this section
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.
   (2) (A) 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.
   (B) The court may require a defendant described under this section
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.
   (e) Notwithstanding any other provision of law, the fines
collected for a violation of 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
program that includes, but is not limited to, demonstration of the
installation of a child passenger restraint system for children of
all ages and also assists an economically disadvantaged family 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 section, 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 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