[r48] Passenger Responsibility-Bill Passes Senate (2/27/2008)

Wednesday, February 27, 2008

Start Date: 2/27/2008 All Day
End Date: 2/27/2008
(Statehouse) Feb. 27, 2008 - House Bill 1052, authored by Rep. Tim Neese (R-Elkhart), today passed out of the Senate by a vote of 46-1. Under HB 1052, any passenger who is either 15 years of age and holds a learner's permit or driver's license or is at least 18 years of age and is involved in a vehicle accident would be required to contact emergency personnel and render reasonable assistance if the driver is unable to. 

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.

"I am very glad to see that this legislation has now passed through both chambers," Rep. Neese said. "The Senate changes have made the bill much stronger, including harsher penalties. We all have responsibilities that come along with maturity. While I dislike having to legislate common sense, it has proven to be necessary in this instance."

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-yearold was found dead in his upside-down and submerged vehicle

HB 1052 will now come back to the house for either concurrence or dissent. If this bill is concurred with, it will go for a final vote in the House. If dissented upon, it would be eligible for conference committee, which is typically made up from one member from each party in the Senate and House.