Introduced Version
HOUSE BILL No. 1362
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 9-26-1.
Synopsis: Driver and passengers at scene of accident. Requires the
driver and the other occupants of a vehicle involved in an accident
resulting in the injury or death of a person to remain at the scene of the
accident until released by authorities. Requires a passenger to provide
necessary information and render reasonable assistance at the scene of
an accident resulting in injury or death if the driver is unable to do so.
Makes it a Class C misdemeanor for a driver to fail to give notice to
authorities of an accident resulting in injury or death or to fail to remain
at the scene of the accident. Makes it a Class C misdemeanor, if the
driver is incapacitated, for a passenger to fail to provide necessary
information and render reasonable assistance at the scene of an
accident resulting in injury or death. Provides that a passenger who
fails to remain at the scene of an accident resulting in injury or death
until released by authorities commits a Class B infraction.
Effective: July 1, 2002.
Noe, Welch, Thompson
January 15, 2002, read first time and referred to Committee on Courts and Criminal Code.
Introduced
Second Regular Session 112th General Assembly (2002)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1362
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; (02)IN1362.1.1. -->
SECTION 1.
IC 9-26-1-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: 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) 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)
If physically and mentally capable of doing so, 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, if a person was struck in the
accident; 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, if a person was struck in the
accident; 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) If physically and mentally capable of doing so, 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) If physically and mentally capable of doing so, 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 under subdivision (3).
(5) Within Not later than 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; (02)IN1362.1.2. -->
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, 2002]: Sec. 1.5. Each occupant (other than the driver) of a
vehicle involved in an accident resulting 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 referred to 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; (02)IN1362.1.3. -->
SECTION 3.
IC 9-26-1-6
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: 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), and 1(4) of
this chapter; and
(2) there is another occupant in the vehicle at the time of the
accident who is capable of complying with section 1(2)(A),
1(2)(C), 1(3), and 1(4) of this chapter;
the occupant referred to in subdivision (2) 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 is another occupant in the vehicle at the time of the
accident capable of making an immediate or a written report;
the occupant referred to in subdivision (2) shall make or cause to be
made the report not made by the driver.
(b) (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 is no other occupant in the vehicle; 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; (02)IN1362.1.4. -->
SECTION 4.
IC 9-26-1-8
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: 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 violates 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; (02)IN1362.1.5. -->
SECTION 5.
IC 9-26-1-11
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 11. A person who violates section 1.5 of this chapter
commits a Class B infraction.
SOURCE: IC 9-26-1-12; (02)IN1362.1.6. -->
SECTION 6.
IC 9-26-1-12
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Sec. 12. A person who violates section 6(a) of this chapter
commits a Class C misdemeanor.