Introduced Version
SENATE BILL No. 151
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-19-11.
Synopsis: Passenger restraint systems for children. Makes it a: (1)
Class D felony for a person to operate a motor vehicle carrying a child
who is not properly restrained if the motor vehicle is involved in an
accident that causes serious bodily injury to the child; and (2) Class C
felony if the accident results in the death of the child. Makes
conforming amendments.
Effective: July 1, 2013.
Skinner
January 7, 2013, read first time and referred to Committee on Corrections & Criminal Law.
Introduced
First Regular Session 118th General Assembly (2013)
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SENATE BILL No. 151
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-19-11-2; (13)IN0151.1.1. -->
SECTION 1. IC 9-19-11-2, AS AMENDED BY P.L.146-2009,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. (a)
Except as provided in subsection (b), a
person who operates a motor vehicle in which there is a child less than
eight (8) years of age who is not properly fastened and restrained
according to the child restraint system manufacturer's instructions by
a child restraint system commits a Class D infraction. A person may not
be found to have violated this subsection if the person carries a
certificate from a physician, physician's assistant, or advanced practice
nurse stating that it would be impractical to require that a child be
fastened and restrained by a child restraint system because of:
(1) a physical condition, including physical deformity; or
(2) a medical condition;
of the child and presents the certificate to the police officer or the court.
(b) A person who knowingly or intentionally operates a motor
vehicle in which there is a child less than eight (8) years of age who
is not properly fastened and restrained by a child restraint system
according to the child restraint system manufacturer's instructions
commits a Class D felony if the motor vehicle is involved in an
accident that results in serious bodily injury to the child. However,
the offense is a Class C felony if the accident results in the death of
the child.
(b) (c) This subsection does not apply to a person charged with
a crime under subsection (b). Notwithstanding IC 34-28-5-5(c), funds
collected as judgments for violations under this section shall be
deposited in the child restraint system account established by section
9 of this chapter.
(d) It is a defense to a prosecution under subsection (b) that a
physician, physician's assistant, or advanced practice nurse
certified that it would be impractical to require that the child be
fastened and restrained by a child restraint system because of:
(1) a physical condition, including physical deformity; or
(2) a medical condition;
of the child.
SOURCE: IC 9-19-11-3.6; (13)IN0151.1.2. -->
SECTION 2. IC 9-19-11-3.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3.6. (a) Except as
provided in subsection (b), a person who operates a motor vehicle in
which there is a child and that is equipped with a safety belt meeting
the standards stated in the Federal Motor Vehicle Safety Standard
Number 208 (49 CFR 571.208) commits a Class D infraction if:
(1) the child is at least eight (8) years of age but less than sixteen
(16) years of age; and
(2) the child is not properly fastened and restrained according to
the child restraint system manufacturer's instructions by a:
(A) child restraint system; or
(B) safety belt.
(b) A person who knowingly or intentionally violates subsection
(a) commits a Class D felony if the motor vehicle is involved in an
accident that results in serious bodily injury to the child. However,
the offense is a Class C felony if the accident results in the death of
the child.
(b) (c) This subsection does not apply to a person charged with
a crime under subsection (b). Notwithstanding IC 34-28-5-5(c), funds
collected as judgments for violations under this section shall be
deposited in the child restraint system account established by section
9 of this chapter.
SOURCE: IC 9-19-11-5; (13)IN0151.1.3. -->
SECTION 3. IC 9-19-11-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. If at a
civil
proceeding to enforce section 2 of this chapter the court finds that the
person:
(1) has violated this chapter; and
(2) possesses or has acquired a child restraint system;
the court shall enter judgment against the person. However,
notwithstanding IC 34-28-5-4, the person is not liable for any costs or
monetary judgment if the person has no previous judgments of
violation of this chapter against the person.
SOURCE: IC 9-19-11-6; (13)IN0151.1.4. -->
SECTION 4. IC 9-19-11-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) If at a
civil
proceeding to enforce section 2 of this chapter the court finds that the
person:
(1) has violated this chapter; and
(2) does not possess or has not acquired a child restraint system;
the court shall enter judgment against the person and shall order the
person to provide proof of possession or acquisition within thirty (30)
days.
(b) Notwithstanding IC 34-28-5-4, if the person:
(1) complies with a court order under this section; and
(2) has no previous judgments of violation of this chapter against
the person;
the person is not liable for any costs or a monetary judgment.