SB 218-5_ Filed 03/22/2005, 11:16 Welch


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[
HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Senate Bill 218 be amended to read as follows:

SOURCE: Page 2, line 7; (05)MO021810.2. -->     Page 2, after line 7, begin a new paragraph and insert:
SOURCE: IC 9-19-11-2; (05)MO021810.2. -->     "SECTION 2. IC 9-19-11-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) A person who:
        (1) holds an Indiana driver's license; and
        (2) 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 child restraint system manufacturer's instructions by a child restraint system;
commits a Class D Class E infraction, unless it is reasonably determined that the child will not fit in a child passenger restraint system.
    (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.
SOURCE: IC 9-19-11-3; (05)MO021810.3. -->     SECTION 3. IC 9-19-11-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) A person who holds an Indiana driver's license and operates a motor vehicle in which there is a child commits a Class D Class E infraction if:
        (1) the child is less than eight (8) 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 child restraint system manufacturer's instructions by a:
            (A) child restraint system; or
            (B) safety belt.
    (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.
SOURCE: IC 9-19-11-3.3; (05)MO021810.4. -->     SECTION 4. IC 9-19-11-3.3 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2005]: 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 sixteen (16) years of age who is not properly fastened and restrained according to the child restraint system manufacturer's instructions by a:
        (1) child restraint system; or
        (2) safety belt;
commits a Class D Class E infraction.
    (c) 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.
SOURCE: IC 9-19-11-3.6; (05)MO021810.5. -->     SECTION 5. IC 9-19-11-3.6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.6. (a) A person who operates a 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 Class E infraction if:
        (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) 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.
SOURCE: IC 14-22-38-7; (05)MO021810.6. -->     SECTION 6. IC 14-22-38-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) As used in this section, "hunter orange" means a daylight fluorescent orange with the dominant wavelength 595-605 nm, a purity of not less than eighty-five percent (85%), and a luminance factor of not less than forty percent (40%).
    (b) As used in this section, "wear hunter orange" means to expose on one's person as an outer garment one (1) or more of the following articles of clothing that are solid hunter orange in color:
        (1) A vest.
        (2) A coat.
        (3) A jacket.
        (4) Coveralls.
        (5) A hat.
        (6) A cap.
However, articles of clothing specified under this section with logos, patches, insignia, or printing that does not substantially hinder the visibility of the hunter orange material are allowed under this section.
    (c) This subsection applies only during the season when hunting by firearms (as defined in IC 14-22-40-3) is permitted under 312 IAC. A person who hunts for:
        (1) deer by firearm or bow and arrow;
        (2) cottontail rabbit;
        (3) squirrel, unless from a boat, during the period:
            (A) beginning on the first Friday that follows November 3;

and
            (B) ending on January 31 of the following year;
        (4) woodcock;
        (5) pheasant;
        (6) quail; or
        (7) ruffed grouse;
must wear hunter orange.
    (d) A violation of person who violates this section is commits a Class D Class E infraction.
SOURCE: IC 22-11-18-5; (05)MO021810.7. -->     SECTION 7. IC 22-11-18-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) An owner of a hotel or motel who violates this chapter commits a Class A infraction, except as provided by subsection (b).
    (b) An owner of a hotel or motel commits a Class D felony if:
        (1) the owner knowingly or intentionally violates section 3 of this chapter; and
        (2) bodily injury (as defined in IC 35-41-1) or loss of life occurs as a result of a fire in the building.
    (c) A person who violates section 3.5 of this chapter commits a Class D Class E infraction.
SOURCE: IC 34-28-5-4; (05)MO021810.8. -->     SECTION 8. IC 34-28-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) A judgment of up to ten thousand dollars ($10,000) may be entered for a violation constituting a Class A infraction.
    (b) A judgment of up to one thousand dollars ($1,000) may be entered for a violation constituting a Class B infraction.
    (c) A judgment of up to five hundred dollars ($500) may be entered for a violation constituting a Class C infraction.
     (d) A judgement up to seventy-five dollars ($75) may be entered for a violation constituting a Class D infraction.
    (d) (e) A judgment of up to twenty-five dollars ($25) may be entered for a violation constituting a Class D Class E infraction.
    (e) (f) A judgment:
        (1) up to the amount requested in the complaint; and
        (2) not exceeding any limitation under IC 36-1-3-8;
may be entered for an ordinance violation.
SOURCE: IC 34-28-5-5; (05)MO021810.9. -->     SECTION 9. IC 34-28-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) A defendant against whom a judgment is entered is liable for costs. Costs are part of the judgment and may not be suspended except under IC 9-30-3-12. Whenever a judgment is entered against a person for the commission of two (2) or more civil violations (infractions or ordinance violations), the court may waive the person's liability for costs for all but one (1) of the violations. This subsection does not apply to judgments entered for violations constituting:
         (1) Class E infractions;
        (1) (2) Class D infractions; or
        (2) (3) Class C infractions for unlawfully parking in a space reserved for a person with a physical disability under IC 5-16-9-5 or IC 5-16-9-8.


    (b) If a judgment is entered:
        (1) for a violation constituting:
             (A) a Class E infraction;
            (A) (B) a Class D infraction; or
            (B) (C) a Class C infraction for unlawfully parking in a space reserved for a person with a physical disability under IC 5-16-9-5 or IC 5-16-9-8; or
        (2) in favor of the defendant in any case;
the defendant is not liable for costs.
    (c) Except for costs, the funds collected as judgments for violations of statutes defining infractions shall be deposited in the state general fund.
    (d) A judgment may be entered against a defendant under this section or section 4 of this chapter upon a finding by the court that the defendant:
        (1) violated:
            (A) a statute defining an infraction; or
            (B) an ordinance; or
        (2) consents to entry of judgment for the plaintiff upon a pleading of nolo contendere for a moving traffic violation.".
    (Reference is to ESB 218 as printed March 18, 2005.)

________________________________________

Representative WELCH


DH 021805/DI gu
2005