IN HB1038

Elevates the offense of operating a motor vehicle with an improperly restrained child under age 8 to a Class D felony if an accident causes serious bodily injury to the child

Increases the penalty to a Class C felony if the accident results in the death of the unrestrained child

Maintains the existing Class D infraction for operating a vehicle with an improperly restrained child under age 8 when no accident occurs

Provides a legal defense if a physician, physician's assistant, or advanced practice nurse has certified that restraining the child is impractical due to a physical or medical condition

Effective date of July 1, 2012