Citations Affected:
IC 9-30-5-5
;
IC 9-30-10-16.
Synopsis: OWI and driving while suspended. Provides that a person who causes the death of
another person while operating a motor vehicle with a certain controlled substance or its
metabolite in the person's body commits a Class C felony. Provides that a person who operates
a motor vehicle: (1) while the person's driving privileges are validly suspended under certain
circumstances and the person knows that the person's driving privileges are suspended; or (2) in
violation of restrictions imposed by habitual offender laws and the person knows of the
restrictions; commits a Class D felony. Specifies that service by the bureau of motor vehicles of
the suspension or restriction of the person's driving privileges in compliance with certain
requirements establishes a rebuttable presumption that the person knows that the person's driving
privileges are suspended or restricted. (This conference committee report does the following: (1)
Removes Section 1 of the bill that would have allowed a probationary driver to operate a motor
vehicle if each passenger in the motor vehicle is a sibling of the probationary driver, regardless
of whether the siblings are at least 21 years of age or hold a valid operator's license. (2) Removes
Sections 4 through 15 of the bill that would have made the criminal penalties for offenses
relating to cocaine equivalent to the penalties for offenses relating to methamphetamine. (3)
Makes certain changes to Section 3 of the bill by: (A) requiring the person to know that the
person's license is suspended or restricted before the person may be found guilty of the Class D
felony; and (B) providing that service of notice by the bureau of motor vehicles of the suspension
or restriction of the person's driving privileges in compliance with certain requirements
establishes a rebuttable presumption that the person knows that the person's driving privileges
are suspended or restricted.)
Effective: July 1, 2000.
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed House Amendments to Engrossed Senate Bill No. 73 respectfully reports that
said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
____________________________ ____________________________
Senator LongRepresentative Alderman
Chairperson
____________________________ ____________________________
Senator AlexaRepresentative GiaQuinta
Senate Conferees House Conferees