I move that Engrossed Senate Bill 218 be amended to read as follows:
Page 1, line 8, delete "person;" and insert " person who is at least
fifteen (15) years of age;".
Page 1, line 14, strike "proving:" and insert " proving by clear and convincing evidence:".
Page 2, line 3, delete "proving:" and insert " proving by clear and convincing evidence.".
Page 2, after line 7, begin a new paragraph and insert:
" (e) Damages described in subsection (b) may not be reduced by more than three percent (3%) for failing to comply with section 2 of this chapter.
(f) If evidence that a plaintiff did not comply with section 2 of this chapter is admitted in a civil action, the court shall also admit the following evidence:
(1) The name of the defendant's liability insurance carrier.
(2) The amount of liability insurance carried by the defendant.
(3) Any evidence suggesting that prior to the collision from which the plaintiff's claim arises the defendant:
(A) had been drinking alcohol of any kind; or
(B) had ingested medication or drugs, or both, that affected the defendant's ability to operate a motor vehicle.
(g) If evidence that a plaintiff did not comply with section 2 of this chapter is admitted in a civil action, a defendant may not
prevent the facts surrounding the occurrence of the collision from
being presented to the jury by admitting liability for the collision.".
(Reference is to ESB 218 as printed March 18, 2005.)