Introduced Version






HOUSE BILL No. 1326

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-30-5.

Synopsis: Operating a vehicle while intoxicated. Enhances the penalties for the violation of certain statutes concerning operating a vehicle while intoxicated if: (1) a person who commits the violation has been convicted for the prior unrelated violation of a statute concerning operating a vehicle while intoxicated; and (2) the violation resulted in the death of another person.

Effective: July 1, 2000.





Kruzan




    January 11, 2000, read first time and referred to Committee on Courts and Criminal Code.







Introduced

Second Regular Session 111th General Assembly (2000)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 1326



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-30-5-3; (00)IN1326.1.1. -->     SECTION 1. IC 9-30-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. A person who violates section 1 or 2 of this chapter commits a Class D felony if:
        (1) the person has a previous conviction of operating while intoxicated; and
        (2) the previous conviction of operating while intoxicated:
             (A) occurred within the five (5) years immediately preceding the occurrence of the violation of section 1 or 2 of this chapter; or
            (B) was for a violation:
                (i) of a provision of this chapter, IC 9-11-2 (before its repeal), or IC 9-4-1-54 (before its repeal); and
                (ii) that resulted in the death of another person.

SOURCE: IC 9-30-5-4; (00)IN1326.1.2. -->     SECTION 2. IC 9-30-5-4 , AS AMENDED BY P.L.1-2000, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. (a) A person who causes serious bodily injury to another person when operating a motor vehicle:
        (1) with an alcohol concentration equivalent to at least ten-hundredths (0.10) gram of alcohol per:
            (A) one hundred (100) milliliters of the person's blood; or
            (B) two hundred ten (210) liters of the person's breath;
        (2) with a controlled substance listed in schedule I or II of IC  35-48-2 or its metabolite in the person's body; or
        (3) while intoxicated;
commits a Class D felony. However, the
     (b) An offense described in subsection (a) is a Class C felony if:
         (1) within the five (5) years preceding the commission of the offense, the person had a prior unrelated conviction under this chapter; or
        (2) the person had a prior unrelated conviction for a violation:
            (A) of a provision of this chapter, IC 9-11-2 (before its repeal), or IC 9-4-1-54 (before its repeal); and
            (B) that resulted in the death of another person.

    (b) (c) A person who violates subsection (a) commits a separate offense for each person whose serious bodily injury is caused by the violation of subsection (a).
    (c) (d) It is a defense under subsection (a)(2) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1 ) who acted in the course of the practitioner's professional practice.
SOURCE: IC 9-30-5-5; (00)IN1326.1.3. -->     SECTION 3. IC 9-30-5-5 , AS AMENDED BY P.L.1-2000, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 5. (a) A person who causes the death of another person when operating a motor vehicle:
        (1) with an alcohol concentration equivalent to at least ten-hundredths (0.10) gram of alcohol per:
            (A) one hundred (100) milliliters of the person's blood; or
            (B) two hundred ten (210) liters of the person's breath;
        (2) with a controlled substance listed in schedule I or II of IC  35-48-2 or its metabolite in the person's blood; or
        (3) while intoxicated;
commits a Class C felony. However, the
     (b) An offense described in subsection (a) is a Class B felony if:
         (1) within the five (5) years preceding the commission of the offense, the person had a prior unrelated conviction under this chapter; or
        (2) the person had a prior unrelated conviction for a violation:
            (A) of a provision of this chapter, IC 9-11-2 (before its repeal), or IC 9-4-1-54 (before its repeal); and
            (B) that resulted in the death of another person.

    (b) (c) A person who violates subsection (a) commits a separate offense for each person whose death is caused by the violation of subsection (a).
    (c) (d) It is a defense under subsection (a)(2) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1 ) who acted in the course of the practitioner's professional practice.