January 21, 2000






SENATE BILL No. 73

_____


DIGEST OF SB 73 (Updated January 19, 2000 6:41 PM - DI 76)



Citations Affected: IC 9-30.

Synopsis: OWI causing death. 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.

Effective: July 1, 2000.





Long, Meeks R, Wyss, Alexa




    November 17, 1999, read first time and referred to Committee on Corrections, Criminal and Civil Procedures.
    January 20, 2000, reported favorably _ Do Pass.







January 21, 2000

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.
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SENATE BILL No. 73



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

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

    SECTION 1. IC 9-30-5-5 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 at least ten-hundredths percent (0.10%) of alcohol by weight in grams in:
            (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; body; or
        (3) while intoxicated;
commits a Class C felony. However, the offense is a Class B felony if, within the five (5) years preceding the commission of the offense, the person had a prior unrelated conviction under this chapter.
    (b) A person who violates subsection (a) commits a separate offense for each person whose death is caused by the violation of subsection (a).
    (c) 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.