Bill Text: IN HB1044 | 2011 | Regular Session | Introduced
Bill Title: Motor vehicle occupant restraint systems.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Roads and Transportation [HB1044 Detail]
Download: Indiana-2011-HB1044-Introduced.html
Citations Affected: IC 9-13-2-127; IC 9-19.
Synopsis: Motor vehicle occupant restraint systems. Prohibits
stopping, inspecting, or detaining a passenger motor vehicle solely to
determine compliance with the law concerning safety belt use by front
seat occupants who are at least 16 years of age. Authorizes a police
officer to stop, inspect, or detain a motor vehicle solely to determine
compliance with the law concerning the use of child passenger restraint
systems when the police officer has probable cause to believe that an
infraction is being committed under that law. Repeals: (1) provisions
specifying that the failure to comply with the laws concerning safety
belt and child passenger restraint system use does not constitute fault
or contributory negligence; and (2) a prohibition against the admission
of evidence of the failure to comply with the law concerning safety belt
use in civil actions to mitigate damages.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Roads and Transportation.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
(1) A regular member of the state police department.
(2) A regular member of a city or town police department.
(3) A town marshal or town marshal deputy.
(4) A regular member of a county sheriff's department.
(5) A conservation officer of the department of natural resources.
(6) An individual assigned as a motor carrier inspector under IC 10-11-2-26(a).
(7) An excise police officer of the alcohol and tobacco commission.
(b) "Police officer", for purposes of IC 9-19-11-3.9 and IC 9-21, means an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3.1. (a) Except as provided in subsection (b), a
vehicle may be stopped to determine compliance with this chapter.
However, a vehicle, the contents of a vehicle, the driver of a vehicle,
or a passenger in a vehicle may not be inspected, searched, or detained
solely because of a violation of this chapter.
(b) A law enforcement agency may not use a safety belt checkpoint
to detect and issue a citation for a person's failure to comply with this
chapter. A vehicle may not be stopped, inspected, or detained solely
to determine compliance with this chapter.
SECTION 4. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 9-19-10-7; IC 9-19-11-8.
