SB 563-1_ Filed 01/31/2013, 15:34 Crider

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 563 be amended to read as follows:

SOURCE: Page 28, line 35; (13)MO056303.28. -->     Page 28, between lines 35 and 36, begin a new paragraph and insert:
SOURCE: IC 9-18-3-6; (13)MO056303.64. -->     "SECTION 64. IC 9-18-3-6, AS AMENDED BY P.L.109-2011, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. The bureau may issue distinctive permanent plates under this chapter to each of the following:
        (1) The state police department.
        (2) The department of natural resources.
        (3) County police departments.
        (4) City police departments.
        (5) The department of correction, for designated departmental vehicles used by correctional police officers appointed under IC 11-8-9-1.
         (6) A constable of a small claims court elected under IC 33-34-6-4.".
SOURCE: Page 36, line 21; (13)MO056303.36. -->     Page 36, delete lines 21 through 22.
    Page 41, between lines 6 and 7, begin a new paragraph and insert:
SOURCE: IC 9-19-10-7; (13)MO056303.107. -->     "SECTION 107. IC 9-19-10-7, AS AMENDED BY P.L.214-2007, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) Failure to comply with section 1, 2, or 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, or 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 9-19-10-9; (13)MO056303.108. -->     SECTION 108. IC 9-19-10-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. A person who violates section 5 or 6 of this chapter commits a Class C infraction.".
SOURCE: Page 49, line 33; (13)MO056303.49. -->     Page 49, line 33, delete "policeman" and insert " police officer".
    Page 56, line 28, strike "certificates of title)." and insert " special identification numbers).".
    Page 57, reset in roman lines 17 through 18.
    Renumber all SECTIONS consecutively.
    (Reference is to SB 563 as printed January 30, 2013.)

________________________________________

Senator CRIDER


MO056303/DI 103
2013