Reprinted

March 29, 2005





ENGROSSED

SENATE BILL No. 218

_____


DIGEST OF SB 218 (Updated March 28, 2005 10:22 pm - DI 44)



Citations Affected: IC 9-19; noncode.

Synopsis: Safety belts. Provides that evidence of the failure to comply with the laws concerning safety belt use may be admitted as evidence in a civil action to reduce damages for injury to a person who is at least 15 years of age at the time of the accident, and may limit the liability of an insurer. Provides that the defendant has the burden of establishing that use of a safety belt would have reduced injuries. Provides that if evidence that the plaintiff failed to comply with the laws concerning seat belt safety is admitted in a civil action, a court shall admit evidence that a plaintiff or defendant was intoxicated at the time the accident occurred.

Effective: July 1, 2005.





Nugent, Simpson, Bray, Howard, Hershman
(HOUSE SPONSOR _ WHETSTONE)




    January 4, 2005, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
    February 17, 2005, amended, reported favorably _ Do Pass.
    February 21, 2005, read second time, ordered engrossed.
    February 22, 2005, engrossed.
    February 24, 2005, read third time, passed. Yeas 27, nays 22.

HOUSE ACTION

    March 8, 2005, read first time and referred to Committee on Insurance.
    March 17, 2005, reported _ Do Pass.
    March 24, 2005, read second time, amended, ordered engrossed.
    March 28, 2005, engrossed. Call withdrawn. Reread third time, recommitted to Committee of One, amended; passed. Yeas 55, nays 42.





Reprinted

March 29, 2005

First Regular Session 114th General Assembly (2005)


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 2004 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 218



    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 9-19-10-7; (05)ES0218.3.1. -->     SECTION 1. IC 9-19-10-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) Failure to comply with section 1, 2 3, or 4 of this chapter does not constitute fault under IC 34-51-2. and does not limit the liability of an insurer.
    (b) Except as provided in subsection (c), Evidence of: the
         (1) failure to comply with section 1, 2 3, or 4 of this chapter may not be admitted in a civil action to mitigate reduce damages for injury to a person who is at least fifteen (15) years of age at the time of the accident; and
        (2)
(c) Evidence of a failure to comply with this chapter may be admitted in a civil action as to mitigation of damages in a product liability action involving a motor vehicle restraint or supplemental restraint system.
     (c) The defendant in such an action described in subsection (b)(1) has the burden of proving:
         (1) noncompliance with section 2 of this chapter; and
         (2) that compliance with section 2 of this chapter would have

reduced injuries; and
         (3) the extent of the reduction.
     (d) The defendant in an action described in subsection (b)(2) has the burden of proving:
        (1) noncompliance with this chapter;
        (2) that compliance with this chapter would have reduced injuries; and
        (3) the extent of the reduction.
    (e) If evidence that a plaintiff failed to comply with section 2 of this chapter is admitted in a civil action, the court shall also admit evidence that the plaintiff or defendant was intoxicated (as defined in IC 9-13-2-86) at the time the accident occurred.

SOURCE: ; (05)ES0218.3.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2005] IC 9-19-10-7, as amended by this act, applies only to causes of action arising after June 30, 2005.