Introduced Version
HOUSE BILL No. 1030
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-19.
Synopsis: Passenger restraint systems. Repeals a provision specifying
that failure to comply with the laws concerning safety belt and child
passenger restraint system use does not constitute fault or contributory
negligence. Repeals a prohibition against the admission of evidence of
failure to comply with the law concerning safety belt use in civil
actions to mitigate damages.
Effective: July 1, 2024.
Torr
January 8, 2024, read first time and referred to Committee on Judiciary.
2024 IN 1030—LS 6010/DI 137 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1030
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 9-19-10-0.1, AS ADDED BY P.L.220-2011,
2 SECTION 213, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 0.1. (a) The amendments made to
4 section 7 of this chapter (before its repeal) by P.L.121-1993 apply to
5 a product liability action that arises after June 30, 1993.
6 (b) This section expires July 1, 2034.
7 SECTION 2. IC 9-19-10-7 IS REPEALED [EFFECTIVE JULY 1,
8 2024]. Sec. 7. (a) Failure to comply with section 1, 2, or 3.1(a) of this
9 chapter does not constitute fault under IC 34-51-2 and does not limit
10 the liability of an insurer.
11 (b) Except as provided in subsection (c), evidence of the failure to
12 comply with section 1, 2, or 3.1(a) of this chapter may not be admitted
13 in a civil action to mitigate damages.
14 (c) Evidence of a failure to comply with this chapter may be
15 admitted in a civil action as to mitigation of damages in a product
16 liability action involving a motor vehicle restraint or supplemental
17 restraint system. The defendant in such an action has the burden of
2024 IN 1030—LS 6010/DI 137 2
1 proving noncompliance with this chapter and that compliance with this
2 chapter would have reduced injuries, and the extent of the reduction.
3 SECTION 3. IC 9-19-11-8 IS REPEALED [EFFECTIVE JULY 1,
4 2024]. Sec. 8. Failure to comply with this chapter does not constitute
5 contributory negligence.
2024 IN 1030—LS 6010/DI 137