February 18, 2005





SENATE BILL No. 218

_____


DIGEST OF SB 218 (Updated February 15, 2005 7:31 pm - DI 106)



Citations Affected: IC 9-19.

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, 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 damages.

Effective: July 1, 2005.





Nugent, Simpson, Bray, Howard, Hershman




    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 18, 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.

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)SB0218.1.1. -->     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; 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.