[r48] Passenger Responsibility Bill Passes House (1/29/2008)

Tuesday, January 29, 2008

Start Date: 1/29/2008 All Day
End Date: 1/29/2008
(Statehouse) Jan. 29, 2008 - House Bill 1052 (HB 1052), authored by Rep. Tim Neese (R-Elkhart), today passed out of the House of Representatives by a vote of 97-0. Under HB 1052, any driver and passengers over the age of 15 1/2 involved in a vehicle accident would be required to contact emergency personnel and render reasonable assistance. 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.

"It is not complicated legislation, but it is very effective," said Rep. Neese from the House floor. "Passengers are treated differently than drivers in car accidents and I believe we should hold them to the same responsibilities."

If the driver is physically incapable of notifying the appropriate emergency agency or rendering reasonable assistance, then the passenger would be required to do both duties. A passenger commits a Class C misdemeanor if the person fails to notify or render reasonable assistance. HB 1052 clarifies that a driver or passenger not providing assistance would commit a Class C misdemeanor if they intentionally violated the law.

A Class C misdemeanor is punishable by up to 60 days in jail and a fine of up $500. 

Rep. Neese filed legislation after a 2005 fatal car crash in Noble County, involving a then 17 years old. The youth later died following the crash approximately eight hours later where his vehicle was upside down in a pond. Two passengers, then 15 years old, left the scene and did not report the accident to anyone, including the police. 

The bill will now move to the Senate for further consideration.