SB 466-1_ Filed 04/27/2001, 17:13
Adopted 4/29/2001

CONFERENCE COMMITTEE REPORT

DIGEST FOR ESB 466



Citations Affected: IC 9-30-7-3.

Synopsis: Conference committee report for ESB 466. Provides that a motorist impliedly consents to submit to a portable breath test offered by a law enforcement officer. Specifies that the law enforcement officer must offer a motorist who fails a portable breath test a chemical test. Requires a law enforcement officer to offer a chemical test to a person who the officer has reason to believe operated a vehicle that was involved in a fatal accident or an accident involving serious bodily injury to determine if alcohol, a controlled substance, or a drug is present in the person's body. (This conference committee report: (1) specifies that a law enforcement officer shall offer a chemical test to a person whom a law enforcement officer has probable cause to believe is under the influence of a controlled substance or drug; and (2) requires a law enforcement officer to offer a chemical test to a person who has refused a portable breath test.)

Effective: July 1, 2001.



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Adopted Rejected


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CONFERENCE COMMITTEE REPORT

MR. SPEAKER:
    Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed House Amendments to Engrossed Senate Bill No. 466 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:

SOURCE: Page 2, line 2; (01)CC046601.2. -->     Page 2, delete lines 2 through 17, begin a new paragraph and insert:
SOURCE: IC 9-30-7-3; (01)CC046601.3. -->     "SECTION 3. IC 9-30-7-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) A law enforcement officer may shall offer a portable breath test or chemical test to any person who the officer has reason to believe operated a vehicle that was involved in a fatal accident or an accident involving serious bodily injury. If:
        (1) the results of a portable breath test indicate the presence of alcohol;
        (2) the results of a portable breath test do not indicate the presence of alcohol but the law enforcement officer has probable cause to believe the person is under the influence of a controlled substance or another drug; or
        (3) the person refuses to submit to a portable breath test;
the law enforcement officer shall offer a chemical test to the person.

    (b) A law enforcement officer may offer a person more than one (1) portable breath test or chemical test under this section. However, all chemical tests must be administered within three (3) hours after the fatal accident or the accident involving serious bodily injury.
    (c) It is not necessary for a law enforcement officer to offer a portable breath test or chemical test to an unconscious person.".
    (Reference is to ESB 466 as printed April 9, 2001.)




Conference Committee Report

on

Engrossed Senate Bill 466



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igned by:

    ____________________________    ____________________________
    Senator WyssRepresentative Dvorak
    Chairperson

    ____________________________    ____________________________
    Senator AlexaRepresentative Young D

    Senate Conferees    House Conferees


CC046601/DI 106
2001