HB 1095 Summary

• Creates a Class D felony for knowingly or intentionally operating a motor vehicle with an unrestrained child under 8 years of age if an accident results in serious bodily injury to the child.

• Elevates the offense to a Class C felony if the accident results in the child's death.

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

• Provides an affirmative defense for both infractions and felonies when a physician, physician's assistant, or advanced practice nurse certifies that restraint would be impractical due to physical or medical conditions.

• Effective July 1, 2013.