SB 466-1_ Filed 04/09/2001, 16:28


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

9

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Courts and Criminal Code     , to which was referred       Senate Bill 466     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 1; (01)AM046601.1. -->     Page 1, between the enacting clause and line 1 begin a new paragraph and insert:
SOURCE: IC 9-30-7-1; (01)AM046601.1. -->     "SECTION 1. IC 9-30-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) As used in this chapter, "portable breath test" means a hand held apparatus that measures the alcohol concentration in a breath sample delivered by a person into the mouthpiece of the apparatus.
     (b) As used in this chapter, "fatal accident" means an accident, a collision, or other occurrence that involves at least one (1) vehicle and that results in:
        (1) death; or
        (2) bodily injury that gives a law enforcement officer reason to believe that the death of at least one (1) person is imminent.
SOURCE: IC 9-30-7-2; (01)AM046601.2. -->     SECTION 2. IC 9-30-7-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. A person who

operates a vehicle impliedly consents to submit to the portable breath test or chemical test under this chapter as a condition of operating a vehicle in Indiana. A person must submit to each portable breath test or chemical test offered by a law enforcement officer under this chapter to comply with this chapter.".

SOURCE: Page 1, line 3; (01)AM046601.1. -->     Page 1, line 3, after "offer" insert ":
         (1) a portable breath test; or
         (2)".
    Page 1, line 3, after "test" insert ";"
    Page 1, line 3, begin a new line blocked left beginning with "to".
    Page 1, line 5, after "injury." insert " If the results of a portable breath test indicate the presence of alcohol, the law enforcement officer shall offer a chemical test to the person.".
    Page 1, line 6, after "(1)" insert " portable breath test or".
    Page 1, line 11, before "chemical" insert " portable breath test or".
    Page 1, after line 11 begin a new paragraph and insert:
SOURCE: IC 9-30-7-5; (01)AM046601.4. -->     "SECTION 4. IC 9-30-7-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) A person who refuses to submit to a portable breath test or chemical test offered under this chapter commits a Class C infraction.
    (b) In addition to any other penalty imposed, the court may suspend the person's driving privileges for a period of not more than one (1) year.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 466 as printed February 14, 2001.)

and when so amended that said bill do pass.

__________________________________

Representative Dvorak


AM046601/DI 106    2001