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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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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.