The bill passed 92-0. Earlier, the bill was concurred on by the Senate with a vote of 42-5. Current law only requires a driver of a vehicle to call emergency personnel if the accident results in the injury or death of a person. "This bill provides a good compromise, on issues but still leaves the important components in the legislation," Rep. Neese said. "Passengers and drivers should be held to a standard of care if they are involved in an accident. We are very close to having this become law, the last phase will be the governor's signature." The bill specifies that a passenger in a vehicle involved in an accident is criminally liable for failing to render aid only if the passenger knew that the driver was incapable of rendering aid. Any passenger providing aid is immune from civil liability. The conference committee also added language making leaving the scene of an accident after committing operating while intoxicated and causing serious bodily injury a Class B felony. If the driver is physically unable to notify emergency responders or to render reasonable assistance, the passenger would be required to do both duties. HB 1052 clarifies that a driver or passenger not providing assistance would commit a Class A misdemeanor if the driver intentionally violated the law. This penalty increases to a Class D felony if serious injury is involved and a Class C felony if there is a death. A Class D felony is punishable by six months to three years in prison and fine of up to $10,000. A Class C felony is punishable by two to eight years in prison and a fine of up to $10,000. Rep. Neese filed legislation after a 2005 fatal car crash in Noble County, involving a then 17-year-old driving a car involved in a crash. Two passengers, then 15, left the scene and did not report the accident to anyone. The 17-year old was found dead in his upside-down, submerged vehicle. |
