Bill Text: IN SB0151 | 2013 | Regular Session | Introduced
Bill Title: Passenger restraint systems for children.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Corrections & Criminal Law [SB0151 Detail]
Download: Indiana-2013-SB0151-Introduced.html
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.
January 7, 2013, read first time and referred to Committee on Corrections & Criminal Law.
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 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.
(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.
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.
(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.
