SB 374-1_ Filed 02/23/2006, 11:06 Torr


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 374 be amended to read as follows:

SOURCE: Page 2, line 4; (06)MO037401.2. -->     Page 2, between lines 4 and 5, begin a new paragraph and insert:
SOURCE: IC 9-13-2-127; (06)MO037401.3. -->     "SECTION 3. IC 9-13-2-127 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 127. (a) "Police officer" means, except as provided in subsection (b), the following:
        (1) A regular member of the state police department.
        (2) A regular member of a city or town police department.
        (3) A town marshal or town marshal deputy.
        (4) A regular member of a county sheriff's department.
        (5) A conservation officer of the department of natural resources.
    (b) "Police officer", for purposes of IC 9-19-11-3.9 and IC 9-21, means an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
SOURCE: IC 9-19-10-3.1; (06)MO037401.4. -->     SECTION 4. IC 9-19-10-3.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3.1. A vehicle may not be stopped, inspected, or detained solely to determine compliance with this chapter.
SOURCE: IC 9-19-10-7; (06)MO037401.5. -->     SECTION 5. IC 9-19-10-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. (a) Failure to comply with section 1, 2 3, or 4 of this chapter does not may 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 failure to comply with section 1, 2 3, or 4 of this chapter may not be admitted in a civil action to mitigate damages, including
    (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. The defendant in such an that action has the burden of proving noncompliance with this chapter, and that compliance with this chapter would have reduced injuries, and the extent of the reduction.".

SOURCE: Page 2, line 26; (06)MO037401.2. -->     Page 2, between lines 26 and 27, begin a new paragraph and insert:
SOURCE: IC 9-19-11-3.9; (06)MO037401.7. -->     "SECTION 7. IC 9-19-11-3.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.9. If a police officer has reasonable suspicion to believe that a violation of this chapter exists, a vehicle may be stopped, inspected, or detained solely in order to determine compliance.
SOURCE: IC 9-19-11-8; (06)MO037401.8. -->     SECTION 8. IC 9-19-11-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) Failure to comply with section 2, 3, 3.3, or 3.6 of this chapter does not may constitute contributory negligence. fault under IC 34-51-2.
     (b) Evidence of failure to comply with section 2, 3, 3.3, or 3.6 of this chapter may be admitted in a civil action to mitigate damages, including a product liability action involving a safety belt or child restraint system. The defendant in that action 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.

SOURCE: IC 9-19-10-3; IC 9-21-13-0.5.".
; (06)MO037401.9. -->     SECTION 9. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2006]: IC 9-19-10-3; IC 9-21-13-0.5.".
SOURCE: Page 2, line 27; (06)MO037401.2. -->     Page 2, delete lines 27 through 28.
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 374 as printed February 21, 2006.)

________________________________________

Representative Torr


MO037401/DI 96     2006