Introduced Version
HOUSE BILL No. 1307
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 9-26-1.
Synopsis: Driver and passengers at scene of accident. Requires the
driver and passenger involved in an accident that results in the injury
or death of a person to remain at the scene of the accident until released
by authorities. Requires a passenger to assist at the scene of an accident
if the driver is unable to do so. Makes it a Class C misdemeanor for a
driver to fail to give notice of the accident to authorities or to fail to
remain at the scene and for a passenger to fail to assist at the scene.
Provides that a passenger who fails to remain, until released by
authorities, at the scene of an accident that results in the injury or death
of a person commits a Class B infraction.
Effective: July 1, 2000.
Thompson
January 11, 2000, read first time and referred to Committee on Courts and Criminal Code.
Introduced
Second Regular Session 111th General Assembly (2000)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1307
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 9-26-1-1; (00)IN1307.1.1. -->
SECTION 1.
IC 9-26-1-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 1. The driver of a vehicle involved
in an accident that results in the injury or death of a person shall do the
following:
(1) The driver shall immediately stop the vehicle at the scene of
the accident or as close to the accident as possible in a manner
that does not obstruct traffic more than is necessary.
(2) The driver, if physically and mentally capable of doing so,
shall immediately return to and remain at the scene of the
accident until the driver: does the following
(A) gives the driver's name and address and the registration
number of the vehicle the driver was driving to:
(i) the person struck; and
(ii) the driver or occupant of or person attending each
vehicle involved in the accident;
(B) upon request, exhibits the driver's license of the driver to:
the following:
(i) the person struck; and
(ii) the driver or occupant of or person attending each
vehicle involved in the accident; and
(C) determines the need for and renders reasonable assistance
to each person injured in the accident, including the removal
or the making of arrangements for the removal of each injured
person to a physician or hospital for medical treatment.
(3) The driver, if physically and mentally capable of doing so,
shall immediately give notice of the accident by the quickest
means of communication to one (1) of the following:
(A) The local police department if the accident occurs within
a municipality.
(B) The office of the county sheriff or the nearest state police
post if the accident occurs outside a municipality.
(4) The driver, if physically and mentally capable of doing so,
shall remain at the scene of the accident until the arrival of
and release from investigation by the representative of the law
enforcement agency responding to the notice given in
subdivision (3).
(5) The driver shall within ten (10) days after the accident,
forward a written report of the accident to the state police
department.
SOURCE: IC 9-26-1-1.5; (00)IN1307.1.2. -->
SECTION 2.
IC 9-26-1-1.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]: Sec. 1.5. Each occupant in a vehicle (other than the driver)
involved in an accident that results in the injury or death of a
person shall do the following:
(1) Remain at the scene of the accident, if physically and
mentally capable of doing so, until a representative of a
responding law enforcement agency described in section 1(3)
of this chapter releases the occupant from the scene.
(2) File a report with the state police department, if required
to do so under section 5(2) of this chapter.
SOURCE: IC 9-26-1-6; (00)IN1307.1.3. -->
SECTION 3.
IC 9-26-1-6
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 6. (a)
If:
(1) the driver of a vehicle is physically or mentally incapable
of complying with section 1(2)(A), 1(2)(C), 1(3), or 1(4) of this
chapter; and
(2) there was another occupant in the vehicle at the time of the
accident capable of complying with section 1(2)(A), 1(2)(C),
1(3), and 1(4) of this chapter;
the occupant shall carry out or cause to be carried out the
requirements of section 1(2)(A), 1(2)(C), 1(3), and 1(4) of this
chapter.
(b) If:
(1) the driver of a vehicle is physically or mentally incapable of
making an immediate or a written report of an accident as
required by this chapter; and
(2) there was another occupant in the vehicle at the time of the
accident capable of making an immediate or a written report;
the occupant shall make or cause to be made the report not made by the
driver.
(c) If:
(1) the driver of a vehicle is physically or mentally incapable of
making an immediate or a written report of an accident as
required by this chapter;
(2) there was no other occupant; and
(3) the driver is not the owner of the vehicle;
the owner of the vehicle involved in the accident shall, within five (5)
days after the accident, make the report not made by the driver.
SOURCE: IC 9-26-1-8; (00)IN1307.1.4. -->
SECTION 4.
IC 9-26-1-8
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 8. (a) A person who fails to stop or
comply with section 1(1) or 1(2) of this chapter after causing injury to
a person commits a Class A misdemeanor. However, the offense is:
(1) a Class D felony if:
(A) the accident involves serious bodily injury to a person; or
(B) within the five (5) years preceding the commission of the
offense, the person had a previous conviction of any of the
offenses listed in
IC 9-30-10-4
(a); and
(2) a Class C felony if the accident involves the death of a person.
(b) A person who fails to comply with section 1(3) or 1(4) of this
chapter commits a Class C misdemeanor.
(c) A person who fails to stop or comply with section 3 or 4 of this
chapter after causing damage to the property of another person
commits a Class B misdemeanor.
SOURCE: IC 9-26-1-11; (00)IN1307.1.5. -->
SECTION 5.
IC 9-26-1-11
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]:
Sec. 11. A person who violates section 1.5 of this chapter
commits a Class B infraction.
SECTION 6. IC 9-26-1-12 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]:
Sec. 12. A person who violates section 6(a) of this chapter
commits a Class C misdemeanor.