Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1232 be amended to read as follows:

SOURCE: Page 1, line 1; (03)MO123201.1. -->     Page 1, delete lines 1 through 17.
    Page 2, delete lines 1 through 9.
    Page 3, line 7, strike "may" and insert " shall".
    Page 3, delete lines 37 through 42.
    Delete page 4.
    Page 5, delete lines 1 through 2.
    Page 5, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: IC 9-30-5-12.5; (03)MO123201.3. -->     "SECTION 3. IC 9-30-5-12.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 12.5. (a) This section does not apply to a person with a conviction under section 4 or 5 of this chapter.
    (b)
If a court recommends suspension of a person's driving privileges under section 10 of this chapter and the court does not stay the execution of the suspension of the person's driving privileges and grant the person probationary driving privileges as provided in section 12(a) or 12(c) of this chapter, the person may obtain probationary driving privileges as provided in subsection (c).
    (c) An order for probationary driving privileges shall be granted if a person whose driving privileges are suspended under subsection (b) satisfies the burden of proof under subsection (e).

The person who seeks a restricted driving permit under this section must first file a verified petition averring that the person:
        (1) will not operate a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device; and
        (2) has installed or will install not later that thirty (30) days after the filing of the verified petition a functioning certified ignition interlock device on the person's primary vehicle.
A copy of the petition shall be provided to the prosecuting attorney in the county in which the verified petition is filed. The prosecuting attorney shall represent the state in the hearing under subsection (d).
    (d) When a petition is filed under subsection (c), the court shall conduct a hearing not later than forty-five (45) days after receiving the petition.
    (e) The petitioner bears the burden of proving the elements under subsection (c) and IC 9-24-15-2 (2) by a preponderance of the evidence.
".

SOURCE: Page 5, line 16; (03)MO123201.5. -->     Page 5, line 16, after "(b)" insert " An order for probationary driving privileges granted under:
        (1) section 12(a) of this chapter if the person has a previous conviction that occurred at least ten (10) years before the conviction under consideration by the court; or
        (2) section 12(c) of this chapter;
must include a requirement that the person may not operate a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8.

     (c)".
    Page 5, line 22, strike "subsection (b)," and insert " subsections (b) and (c),".
    Page 5, line 27, delete "The court shall order that a person convicted under section" and insert " In granting probationary driving privileges under this chapter, a court shall also order that the probationary driving privileges include the requirement that a person may not operate a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8 if the person has a prior unrelated conviction for an offense under this chapter for which alcohol is an element of the offense.".
    Page 5, delete lines 28 through 30.
    Page 5, between lines 40 and 41, begin a new paragraph and insert:
SOURCE: IC 9-30-9-5; (03)MO123201.6. -->     SECTION 6. IC 9-30-9-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. (a) If the court enters an order conditionally deferring charges under section 3 of this chapter, the court may do the following:
        (1) Suspend the person's driving privileges for at least two (2) years but not more than four (4) years.
        (2) Impose other appropriate conditions, including the payment of fees imposed under section 8 of this chapter.
    (b) Notwithstanding IC 9-30-6-9 , the defendant may be granted probationary driving privileges only after the defendant's license has been suspended for at least one (1) year. If the court grants probationary driving privileges for an offense under IC 9-30-5 , the court must include as a condition of the probationary license that the person may not operate a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8.
     (c) A person may be granted probationary driving privileges as set forth in IC 9-30-5-12.5 if the court does not stay the execution of the suspension of the person's driving privileges and grant the person probationary driving privileges under subsection (b).
SOURCE: IC 9-30-9-7; (03)MO123201.7. -->     SECTION 7. IC 9-30-9-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. (a) If the court refers a defendant to the program under section 6 of this chapter, the court may do the following:
        (1) Suspend the defendant's driving privileges for at least ninety (90) days but not more than four (4) years.
        (2) Impose other appropriate conditions.
    (b) The defendant may be granted probationary driving privileges only after the defendant's license has been suspended for at least thirty (30) days under IC 9-30-6-9. If the court grants probationary driving privileges for an offense under IC 9-30-5 , the court must include as a condition of the probationary license that the person may not operate a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8.
     (c) A person may be granted probationary driving privileges as set forth in IC 9-30-5-12.5 if the court does not stay the execution of the suspension of the person's driving privileges and grant the person probationary driving privileges under subsection (b).".
SOURCE: Page 5, line 41; (03)MO123201.5. -->     Page 5, delete lines 41 through 42.
    Delete pages 6 through 8.
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1232 as printed February 28, 2003.)

________________________________________

Representative Kuzman


MO123201/DI 107     2003