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.
__________________________________
AM161801/DI 87 2001