[r48] Passenger Responsibility Bill Passes Senate Committee (2/19/2008)

Tuesday, February 19, 2008

Start Date: 2/19/2008 All Day
End Date: 2/19/2008
(STATEHOUSE) Feb. 19, 2008 - House Bill 1052, authored and presented by Rep. Tim Neese (R-Elkhart), yesterday passed out of the Senate Committee on Corrections, Criminal and Civil Matters by a vote of 7-0. Phil Hoy (D-Evansville) was a co-author. Sen. Marvin Riegsecker (R-Goshen) is the Senate sponsor.

Under HB 1052, if there is a vehicle accident, any driver and passengers who are older than 18 or who hold a driver's permit or driver's license 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.

"The Senate committee listened intently to the legislation," said Rep. Neese. "At times, some senators seemed surprised at the bizarre events which initiated the legislation. I'm hopeful that the full Senate will vote in favor of the legislation."

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-year-old Elkhart County male whose vehicle came to rest upside down in a pond. The youth died about eight hours later, after he was found in the vehicle. The driver's 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 full Senate for second reading, where any senator can offer an amendment.

If passed, the law would be landmark legislation, as the Noble County prosecutor was unable to file criminal charges because Indiana had no such law at the time.