SB 466-1_ Filed 04/09/2001, 16:28
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
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)
Renumber all SECTIONS consecutively.
(Reference is to SB 466 as printed February 14, 2001.)
and when so amended that said bill do pass.
AM046601/DI 106 2001