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.
November 17, 1999, read first time and referred to Committee on Corrections, Criminal
and Civil Procedures.
January 20, 2000, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
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.