Introduced Version






SENATE BILL No. 483

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-26-2-3.

Synopsis: Confidentiality of accident reports. Restricts the release of an accident report filed with the state police department to certain persons. Restricts the release of personal information in the report if the report is released to the general public.

Effective: July 1, 2009.





Steele




    January 15, 2009, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 116th General Assembly (2009)


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.
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SENATE BILL No. 483



    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 9-26-2-3; (09)IN0483.1.1. -->     SECTION 1. IC 9-26-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) Except as provided under subsections (b) and (c), a report filed by a law enforcement officer under section 2 of this chapter is not a confidential record. and shall be made available for inspection and copying under IC 5-14-3.
     (b) A report filed by a law enforcement officer under section 2 of this chapter may be inspected or copied without a court order by a person who certifies under the penalties for perjury that the person is any of the following:
        (1) A person named in the report or involved in the accident.
        (2) A relative of a person named in the report or involved in the accident.
        (3) An appointed guardian of a person named in the report or involved in the accident.
        (4) An insurance carrier of a person named in the report or involved in the accident.
        (5) An attorney who represents a person named in the report

or involved in the accident, or an attorney who is authorized to obtain the report by a person involved in the accident.
        (6) A party to a civil action arising from the accident.
        (7) The executor or administrator of a person named in the report or involved in the accident, if the person is deceased.
        (8) An attorney representing the executor or administrator of a person named in the report or involved in the accident, if the person is deceased.
        (9) A member of a news gathering organization, solely for the purpose of publishing or broadcasting the news. The news gathering organization shall not use or distribute the report, or knowingly allow its use or distribution, for a purpose other than the news gathering organization's publication or broadcasting of information in the report.
    (c) A report filed by a law enforcement officer under section 2 of this chapter may be inspected or copied without a court order by the general public, but only if personal information of a person named in the report or involved in the accident is not disclosed. For purposes of this subsection, personal information means:
        (1) the name of a person named in the report or involved in the accident;
        (2) the address of a person named in the report or involved in the accident;
        (3) the Social Security number of a person named in the report or involved in the accident;
        (4) the date of birth of a person named in the report or involved in the accident;
        (5) the driver's license number or identification document number of a person named in the report or involved in the accident;
        (6) the license plate number of a person named in the report or involved in the accident; and
        (7) any other information that would identify, or lead to the identification of, a person named in the report or involved in the accident.
    (d) This section does not prevent access by governmental entities or agencies to reports as otherwise provided in this title.