HB 1618-1_ Filed 01/30/2001, 09:29
Adopted 01/30/2001


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

10

                                                        NO:
3

MR. SPEAKER:
    Your Committee on       Public Policy, Ethics and Veterans Affairs     , to which was referred       House Bill 1618     , 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 2, line 30; (01)AM161801.2. -->     Page 2, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: IC 9-30-5-1.5; (01)AM161801.5. -->     "SECTION 5. IC 9-30-5-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1.5. (a) This section applies to a person who is arrested for operation of a vehicle after June 30, 2001, in violation of IC 9-30-5-1(a) with an alcohol concentration equivalent to:
        (1) at least eight-hundredths (0.08) gram; and
        (2) not more than nine-hundredths (0.09) gram;
of alcohol per one hundred (100) milliliters of the person's blood or two hundred ten (210) liters of the person's breath.
    (b) Before conviction, a court may defer the prosecution of a person who is a defendant under IC 9-30-5-1(a) if all of the following conditions are met:
        (1) The person does not have a previous conviction under

IC 9-30-5-1 through IC 9-30-5-5.
        (2) The person has not:
            (A) been previously charged under IC 9-30-5-1(a); and
            (B) had the previous charges dismissed under this section.
        (3) The offense does not involve bodily injury or property damage.
        (4) The person completes a court approved alcohol program.
        (5) The court suspends the person's operator's license for thirty (30) days under IC 9-30-6-9. The court may order the suspension to commence retroactively on the date of the person's arrest.
        (6) The person and the prosecuting attorney consent to the deferral of the prosecution.

     (c) If the person fulfills the conditions set forth in subsection (b), the court shall dismiss the charges.
     (d) If a person violates a condition under subsection (b), the court may order the criminal proceedings to be resumed.".

SOURCE: Page 5, line 25; (01)AM161801.5. -->     Page 5, between lines 25 and 26, begin a new paragraph and insert:
SOURCE: IC 9-30-9-3; (01)AM161801.10. -->     "SECTION 10. IC 9-30-9-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) This section applies to a criminal proceeding in which the use or abuse of alcohol is a contributing factor or a material element of the offense. This section does not apply to a defendant under IC 9-30-5-1.5.
    (b) The court may take judicial notice of the fact that proper medical treatment is likely to decrease the defendant's tendency to engage in antisocial behavior.
    (c) Before conviction, the court, with the consent of the defendant and the prosecuting attorney, may conditionally defer the proceedings described in subsection (a) for up to four (4) years. However, a prosecution may not be deferred under this section if:
        (1) the offense involves death or serious bodily injury;
        (2) other criminal proceedings, not arising out of the same incident, alleging commission of a felony are pending against the defendant;
        (3) the defendant is on probation or parole and the appropriate parole or probation authority does not consent to the defendant's participation; or
        (4) the defendant fails to meet additional eligibility requirements

imposed by the court.
    (d) The court may order the defendant to satisfactorily complete the program established under section 2 of this chapter if the court makes a determination under subsection (b). The court may impose other appropriate conditions upon the defendant.".

SOURCE: Page 9, line 22; (01)AM161801.9. -->     Page 9, between lines 22 and 23, begin a new paragraph and insert:
SOURCE: IC 12-23-5-0.5; (01)AM161801.13. -->     "SECTION 13. IC 12-23-5-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 0.5 This chapter does not apply to a proceeding involving a person subject to IC 9-30-5-1.5.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1618 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Kuzman


AM161801/DI 87    2001