[r48] Passenger Responsibility Bill Passes House Committee (1/9/2008)

Wednesday, January 9, 2008

Start Date: 1/9/2008 All Day
End Date: 1/9/2008
(Statehouse) Jan. 9, 2008 - House Bill 1052 (HB 1052), authored by Rep. Tim Neese (R-Elkhart), today passed out of the House Courts and Criminal Committee by a vote of 10-0. Under HB 1052, any driver and passengers over the age of 15 1/2 involved in an accident would be required to contact emergency personnel and render reasonable assistance if a victim is trapped in a vehicle. 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.

"Legislation similar to this passed the House last year, but it did not receive a hearing in the Senate," said Rep. Neese. "I am hopeful that we will be able to get a hearing this year in the Senate. We know that passengers not calling emergency personnel has cost at least one person their life, and that is one too many."

If the driver is physically incapable of notifying the appropriate law enforcement 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 Thomas Hoopingarner Jr., then 17 years old. Hoopingarner, an Elkhart County resident, died after a crash left his vehicle 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.