TRAFFIC CODE
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which there is a child who weighs more than forty
(40) pounds and who is properly restrained and
fastened by a lap safety belt if:
(1) the motor vehicle is not equipped with
lap and shoulder safety belts; or
(2) not including the operator’s seat and the
front passenger seat:
(A) the motor vehicle is equipped with
one (1) or more lap and shoulder safety
belts; and
(B) all the lap and shoulder safety belts
are being used to properly restrain other
children who are less than sixteen (16)
years of age.
9-19-11-4. Violations of chapter not with
authority of violation clerk.
Notwithstanding IC 34-28-5-9(1), a court may
not designate violation of this chapter as being
within the authority of the violations clerk.
9-19-11-5. Liability for costs or judgment.
If at a proceeding to enforce section 2 of this
chapter the court finds that the person:
(1) has violated this chapter; and
(2) possesses or has acquired a child
restraint system;
the court shall enter judgment against the per-
son. However, notwithstanding IC 34-28-5-4,
the person is not liable for any costs or monetary
judgment if the person has no previous judgments
of violation of this chapter against the person.
9-19-11-6. Proof of restraint system.
(a) If at a proceeding to enforce section 2 of
this chapter the court finds that the person:
(1) has violated this chapter; and
(2) does not possess or has not acquired a
child restraint system;
the court shall enter judgment against the person
and shall order the person to provide proof of
possession or acquisition within thirty (30) days.
(b) Notwithstanding IC 34-28-5-4, if the per-
son:
(1) complies with a court order under this
section; and
(2) has no previous judgments of viola-
tion of this chapter against the person;
the person is not liable for any costs or a mone-
tary judgment.
9-19-11-7. Certified record of judgment.
A court shall forward to the bureau of motor
vehicles a certified abstract of the record of judg-
ment of any person in the court for a violation of
this chapter in the manner provided by IC 9-25-
6.
9-19-11-8. Noncompliance with chapter not
contributory negligence.
Failure to comply with the chapter does not
constitute contributory negligence.
9-19-11-9. Child restraint system account
established.
(a) The child restraint system account is estab-
lished within the state general fund to make grants
under subsection (d).
(b) The account consists of the following:
(1) Funds collected as judgments for vio-
lations under this chapter.
(2) Appropriations to the account from the
general assembly.
(3) Grants, gifts, and donations intended
for deposit in the account.
(4) Interest that accrues from money in
the account.
(c) The account shall be administered by the
criminal justice institute.
(d) The criminal justice institute, upon the
recommendation of the governor’s council on
impaired and dangerous driving, shall use money
in the account to make grants to private and pub-
lic organizations to:
(1) purchase child restraint systems; and
(2) distribute the child restraint systems:
(A) without charge; or
(B) for a minimal charge;
to persons who are not otherwise able to afford to
purchase child restraint systems.
The criminal justice institute shall adopt rules
under IC 4-22-2 to implement this section.
(e) Money in the account is appropriated con-
tinuously to the criminal justice institute for the
purposes stated in subsection (a).
(f) The expenses of administering the account
shall be paid from money in the account.
(g) The treasurer of state shall invest the
