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2008 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1098 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1098. Penalties; violations not negligence per se.
Any person, including those subject to jurisdiction of a
juvenile and domestic relations district court, found guilty of violating this
article shall be subject to a civil penalty of fifty dollars $50,
which shall not be suspended in whole or in part, for a violation of §
46.2-1095, or, if applicable, a; however, any person found guilty of
violating § 46.2-1095 a second or subsequent time when the violations occurred
on different dates shall be subject to a civil penalty of up to $500. An
additional civil penalty of twenty dollars $20 shall be
imposed for failure to carry a statement as required by § 46.2-1096.
Notwithstanding the foregoing provisions of § 46.2-1095, the court may waive or
suspend the imposition of the penalty for a violation of § 46.2-1095 if it
finds that the failure of the defendant to comply with the section was due to
his financial inability to acquire a child restraint system. All civil
penalties collected pursuant to this section shall be paid into the Child
Restraint Device Special Fund as provided for in § 46.2-1097.
No assignment of demerit points shall be made under Article 19 (§ 46.2-489 et seq.) of Chapter 3 of this title and no court costs shall be assessed for violation of § 46.2-1095.
Violations of this article shall not constitute negligence per se; nor shall violation of this article constitute a defense to any claim for personal injuries to a child or recovery of medical expenses for injuries sustained in any motor vehicle accident.