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Bill Would Make Passengers Responsible For Reporting Car Crashes

Proposal Stems From 2001 Crash That Killed Mallory Funaro

UPDATED: 2:54 pm MST January 23, 2004

Should you be responsible for reporting a car crash if you were a passenger in a car involved? It's a hot topic in the state Legislature, where a proposal making its way through would shift some of the burden to passengers.

Mallory Funaro

The proposal came about because of an accident nearly three years ago, where a passenger talked to the victim pinned under the truck and then walked away without telling anyone what happened.

The accident occurred in February of 2001 just southeast of Yuma, Colo., on County Road H.

"The boy was the designated driver that night. Instead of bringing her home, he took her out into the country," said Bev Funaro, the mother of 15-year-old Mallory Funaro.

Mallory Funaro (pictured, above) was driving the pickup truck that her 16-year-old passenger had borrowed from someone else.

Mallory Funaro's family at committee hearing

"Following the accident, he talked to Mallory. He saw her under the truck. He walked away and left her. She was in a cornfield in 28-degree weather," said her mother.

"The boy still shows no remorse over this at all. I just can't believe there are people like that around," said Gary Sanburg, Mallory's uncle.

Family members told legislators that instead of fessing up, the boy reported the pickup truck stolen. But after police found his blood and hair inside, he changed his story. Her family believes that Mallory might have survived the crash if her passenger had reported it right away.

"It's not against the law to leave somebody under a pickup? I just can't imagine it. So, I'm really happy about this law," said Kim Taylor, Mallory's aunt.

The bill, sponsored by Rep. Greg Brophy, would make it a class 1 misdemeanor to knowingly fail to report a regular injury accident. If there's a serious bodily injury, it would be a class 5 felony and if there's a fatality, it would be a class 4 felony. The bill passed out of committee on Thursday and now goes to the full House for consideration.

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