Introduced Version






HOUSE BILL No. 1150

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-13-2 ; IC 9-19.

Synopsis: Child restraints in motor vehicles. Requires a person who operates a motor vehicle with a child passenger under the age of eight to restrain the child by a child restraint system or booster seat or, in certain circumstances, a safety belt. Requires a person who operates a passenger motor vehicle with a child passenger who is at least eight but less than twelve years of age to restrain the child by a child restraint system, a child booster seat, or a safety belt. Deletes the exception that a person who operates a vehicle registered in a jurisdiction other than Indiana is not required to utilize a child restraint system unless the vehicle is operated in Indiana for more than 60 days in any calendar year, and requires children of certain ages to be restrained in a certain manner when a vehicle not registered in Indiana is operated in the state. Repeals provision concerning child restraint systems and safety belt usage by children at least four but less than 12 years of age. Corrects a cross-reference to a statute repealed by this act and removes conflicting language in the safety belt statute that was declared invalid by the Indiana supreme court. Makes conforming changes.

Effective: July 1, 2002.





Welch, Cook, Atterholt, Crawford




    January 9, 2002, read first time and referred to Committee on Rules and Legislative Procedures.







Introduced

Second Regular Session 112th General Assembly (2002)


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 this style type.
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 this style type reconciles conflicts between statutes enacted by the 2001 General Assembly.

HOUSE BILL No. 1150



    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 9-13-2-22.5; (02)IN1150.1.1. -->     SECTION 1. IC 9-13-2-22.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 22.5. "Child booster seat" means:
        (1) a backless child restraint system; or

         (2) a belt positioning seat;
that meets the standards prescribed in 49 CFR 571.213.

SOURCE: IC 9-13-2-23; (02)IN1150.1.2. -->     SECTION 2. IC 9-13-2-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 23. "Child passenger restraint system" means a device that:
        (1) is manufactured for the purpose of protecting children from injury during a motor vehicle accident; and
        (2) meets the standards prescribed and definition contained in 49 CFR 571.213.
SOURCE: IC 9-19-10-1; (02)IN1150.1.3. -->     SECTION 3. IC 9-19-10-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. This chapter does not apply to a front seat occupant who meets any of the following conditions:
        (1) For medical reasons should not wear safety belts.
        (2) Is a child required to be restrained by a child passenger restraint system or a child booster seat under IC 9-19-11.
        (3) Is traveling in a commercial or a United States Postal Service vehicle that makes frequent stops for the purpose of pickup or delivery of goods or services.
        (4) Is a rural carrier of the United States Postal Service and is operating a vehicle while serving a rural postal route.
        (5) Is a newspaper motor route carrier or newspaper bundle hauler who stops to make deliveries from a vehicle.
        (6) Is a driver examiner designated and appointed under IC 9-14-2-3 and is conducting an examination of an applicant for a permit or license under IC 9-24-10.
SOURCE: IC 9-19-10-3; (02)IN1150.1.4. -->     SECTION 4. IC 9-19-10-3, AS AMENDED BY P.L.57-1998, SEC. 2, AND P.L.116-1998, SEC. 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) Except as provided in subsection (b), a person may not be stopped, inspected, or detained solely to determine compliance with this chapter.
    (b) Subsection (a) does not apply to a stop, an inspection, or a detention of a person to determine compliance with section 2.5 of this chapter.
    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.

SOURCE: IC 9-19-11-1; (02)IN1150.1.5. -->     SECTION 5. IC 9-19-11-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. This chapter does not apply to a person who operates any of the following vehicles:
        (1) A school bus.
        (2) A taxicab.
        (3) A rental vehicle leased for not more than thirty (30) days.
        (4) An ambulance.
        (5) A vehicle registered in a jurisdiction other than Indiana unless the vehicle is operated in Indiana for more than sixty (60) days in any calendar year.
        (6) (5) public passenger bus.
        (7) (6) A motor vehicle having a seating capacity greater than nine (9) individuals that is owned or leased and operated by a religious or not-for-profit youth organization.
        (8) (7) An antique motor vehicle.
        (9) (8) A motorcycle.
        (10) (9) A motor vehicle that is owned or leased by a

governmental unit and is being used in the performance of official law enforcement duties.
        (11) (10) A motor vehicle that is being used in an emergency.

SOURCE: IC 9-19-11-2; (02)IN1150.1.6. -->     SECTION 6. IC 9-19-11-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. A person who:
         (1) holds an Indiana driver's license; and
        (2)
operates a motor vehicle in which there is a child less than four (4) years of age who is not properly fastened and restrained according to the manufacturer's instructions by a child passenger restraint system;
commits a Class D infraction, unless it is reasonably determined that the child will not fit in a child passenger restraint system.
SOURCE: IC 9-19-11-3; (02)IN1150.1.7. -->     SECTION 7. IC 9-19-11-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. A person who holds an Indiana driver's license and operates a motor vehicle in which there is a child commits a Class D infraction if:
        (1) the child is less than four (4) years of age and it is reasonably determined that the child will not fit in a child restraint system; and
        (2) the child is not properly fastened and restrained according to the manufacturer's instructions by a:
             (A) child booster seat; or
             (B) safety belt.
SOURCE: IC 9-19-11-3.1; (02)IN1150.1.8. -->     SECTION 8. IC 9-19-11-3.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3.1. A person who holds an Indiana driver's license and operates a motor vehicle in which there is a child commits a Class D infraction if:
        (1) the child is at least four (4) years of age but less than eight (8) years of age; and
        (2) the child is not properly fastened and restrained according to the manufacturer's instructions by:
            (A) a child restraint system; or
            (B) a child booster seat;
unless it is reasonably determined that the child will not fit in a child restraint system or a child booster seat.

SOURCE: IC 9-19-11-3.2; (02)IN1150.1.9. -->     SECTION 9. IC 9-19-11-3.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3.2. A person who holds an Indiana driver's license and operates a motor vehicle in which there is a child commits a Class D infraction if:
        (1) the child is at least four (4) years of age but less than eight

(8) years of age;
        (2) it is reasonably determined that the child will not fit in a child restraint system or a child booster seat; and
        (3) the child is not properly fastened and restrained according to the manufacturer's instructions by a safety belt.

SOURCE: IC 9-19-11-3.3; (02)IN1150.1.10. -->     SECTION 10. IC 9-19-11-3.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3.3. (a) This section does not apply to a person who holds an Indiana driver's license.
    (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 manufacturer's instructions by a:
        (1) child restraint system;
        (2) child booster seat; or
        (3) safety belt;
commits a Class D infraction.

SOURCE: IC 9-19-11-3.7; (02)IN1150.1.11. -->     SECTION 11. IC 9-19-11-3.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3.7. A person who operates a passenger 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 twelve (12) years of age; and
        (2) the child is not properly fastened and restrained
according to the manufacturer's instructions by:
            (A) a child restraint system;
            (B) a child booster seat; or
            (C) a safety belt.

SOURCE: IC 9-19-11-5; (02)IN1150.1.12. -->     SECTION 12. IC 9-19-11-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. If at a proceeding to enforce:
         (1) section 2 of this chapter, the court finds that the person
        (1) has violated this chapter and
        (2) possesses or has acquired a child passenger restraint system; or
         (2) section 3.1 of this chapter, the court finds that the person has violated this chapter and possesses or has acquired a child restraint system or a child booster seat;
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; (02)IN1150.1.13. -->     SECTION 13. IC 9-19-11-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. (a) If, at a 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 passenger 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) If, at a proceeding to enforce section 3.1 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 or a child booster seat;
the court shall enter judgment against the person and shall order the person to provide within thirty (30) days proof of possession or acquisition of a child restraint system or a child booster system.

     (c) 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.
SOURCE: IC 9-19-10-2.5; (02)IN1150.1.14. -->     SECTION 14. IC 9-19-10-2.5 IS REPEALED [EFFECTIVE JULY 1, 2002].