HB 1237-1_ Filed 04/28/2007, 18:43
Adopted 4/29/2007

CONFERENCE COMMITTEE REPORT

DIGEST FOR EHB 1237



Citations Affected: IC 9-19-10.

Synopsis: Motor vehicle restraint systems. Proposed conference committee report to EHB 1237. Requires occupants of motor vehicles to wear safety belts, with certain exceptions. Repeals conflicting laws concerning stopping, inspecting, or detaining vehicles to determine compliance with safety belt laws. Reinserts at a different location the statute concerning primary enforcement of safety belt laws. Provides that a law enforcement agency may not use a safety belt checkpoint to detect and issue a citation for failure to wear a safety belt. Makes conforming changes. (This conference committee report: (1) repeals conflicting laws concerning stopping, inspecting, or detaining vehicles to determine compliance with safety belt laws; (2) reinserts at a different location the statute concerning primary enforcement of safety belt laws; (3) provides that a law enforcement agency may not use a safety belt checkpoint to detect and issue a citation for failure to wear a safety belt; and (4) makes conforming changes.)

Effective: July 1, 2007.



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Adopted Rejected


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CONFERENCE COMMITTEE REPORT

MR. SPEAKER:
    Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed Senate Amendments to Engrossed House Bill No. 1237 respectfully reports that said two committees have conferred and agreed as follows to wit:

    that the House recede from its dissent from all Senate amendments and that the House now concur in all Senate amendments to the bill and that the bill be further amended as follows:

SOURCE: Page 3, line 37; (07)CC123703.3. -->     Page 3, after line 37, begin a new paragraph and insert:
SOURCE: IC 9-19-10-3.1; (07)CC123703.8. -->     "SECTION 8. IC 9-19-10-3.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3.1. (a) Except as provided in subsection (b), a vehicle may be stopped to determine compliance with this chapter. However, a vehicle, the contents of a vehicle, the driver of a vehicle, or a passenger in a vehicle may not be inspected, searched, or detained solely because of a violation of this chapter.
    (b) A law enforcement agency may not use a safety belt checkpoint to detect and issue a citation for a person's failure to comply with this chapter.

SOURCE: IC 9-19-10-7; (07)CC123703.9. -->     SECTION 9. IC 9-19-10-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. (a) Failure to comply with section 1, 2, 3, 3.1(a), 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 failure to comply with section 1, 2, 3, 3.1(a), or 4 of this chapter may not be admitted in a civil action to mitigate damages.
    (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 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: IC 9-19-10-3; (07)CC123703.10. -->     SECTION 10. IC 9-19-10-3 IS REPEALED [EFFECTIVE JULY 1, 2007].".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1237 as printed March 13, 2007.)




Conference Committee Report

on

Engrossed House Bill 1237



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igned by:


    ____________________________    ____________________________
    Representative Welch Senator Wyss
    Chairperson

    ____________________________    ____________________________
    Representative Lawson L Senator Rogers

    House Conferees    Senate Conferees


CC123703/DI 103
2007