SB 263-1_ Filed 04/03/2003, 07:54 Duncan


Text Box


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    WITHDRAWN        Noes _______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


[
HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 263 be amended to read as follows:

    Page 2, after line 10 , begin a new paragraph and insert:
"SECTION 4. IC 9-30-5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8. (a) A person who tampers with an ignition interlock device for the purpose of:
        (1) circumventing the ignition interlock device; or
        (2) rendering the ignition interlock device inaccurate or inoperative;
commits a Class B infraction. misdemeanor.
    (b) A person who solicits another person to:
        (1) blow into an ignition interlock device; or
        (2) start a motor vehicle equipped with an ignition interlock device;
for the purpose of providing an operable vehicle to a person who is restricted to driving a vehicle with the ignition interlock device commits a Class C infraction.
SOURCE: IC 9-30-5-10; (03)HB1232.2.2. -->     SECTION 5. IC 9-30-5-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 10. (a) In addition to a criminal penalty imposed for an offense under this chapter or IC 14-15-8, the court shall, after reviewing the person's bureau driving record and other relevant evidence, recommend the suspension of the person's driving privileges for the fixed period of time specified under this section.
    (b) If the court finds that the person:
        (1) does not have a previous conviction of operating a vehicle or a motorboat while intoxicated; or


        (2) has a previous conviction of operating a vehicle or a motorboat while intoxicated that occurred at least ten (10) years before the conviction under consideration by the court;
the court shall recommend the suspension of the person's driving privileges for at least ninety (90) days but not more than two (2) years.
    (c) If the court finds that the person has a previous conviction of operating a vehicle or a motorboat while intoxicated and the previous conviction occurred more than five (5) years but less than ten (10) years before the conviction under consideration by the court, the court shall recommend the suspension of the person's driving privileges for at least one hundred eighty (180) days but not more than two (2) years. The court may stay the execution of that part of the suspension that exceeds the minimum period of suspension and grant the person probationary driving privileges for a period of time equal to the length of the stay. If the court grants probationary driving privileges under this subsection, the court may shall order that the probationary driving privileges include the requirement that the person may not operate a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8.
    (d) If the court finds that the person has a previous conviction of operating a vehicle or a motorboat while intoxicated and the previous conviction occurred less than five (5) years before the conviction under consideration by the court, the court shall recommend the suspension of the person's driving privileges for at least one (1) year but not more than two (2) years. The court may stay the execution of that part of the suspension that exceeds the minimum period of suspension and grant the person probationary driving privileges for a period of time equal to the length of the stay. If the court grants probationary driving privileges under this subsection, the court may shall order that the probationary driving privileges include the requirement that the person may not operate a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8.
    (e) If the conviction under consideration by the court is for an offense under:
        (1) section 4 of this chapter;
        (2) section 5 of this chapter;
        (3) IC 14-15-8-8(b); or
        (4) IC 14-15-8-8(c);
the court shall recommend the suspension of the person's driving privileges for at least two (2) years but not more than five (5) years.
    (f) If the conviction under consideration by the court is for an offense involving the use of a controlled substance listed in schedule I, II, III, IV, or V of IC 35-48-2, the court shall recommend the suspension or revocation of the person's driving privileges for at least six (6) months.
SOURCE: IC 9-30-5-12.5; (03)HB1232.2.3. -->     SECTION 6. 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: IC 9-30-5-13; (03)HB1232.2.4. -->     SECTION 7. IC 9-30-5-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 13. (a) An order for probationary driving privileges granted under section 12 of this chapter must include the following:
        (1) A requirement that the person may not violate a traffic law.
        (2) A restriction of a person's driving privileges providing for automatic execution of the suspension of driving privileges if an order is issued under subsection (b).
        (3) A written finding by the court that the court has reviewed the person's driving record and other relevant evidence and found that the person qualifies for a probationary license under section 12 of this chapter.
        (4) Other reasonable terms of probation.
    (b) 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) If the court finds that the person has violated the terms of the order granting probationary driving privileges, the court shall order execution of that part of the sentence concerning the suspension of the person's driving privileges.
SOURCE: IC 9-30-5-16; (03)HB1232.2.5. -->     SECTION 8. IC 9-30-5-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 16. (a) Except as provided in subsection (b), subsections (b) and (c), the court may, in granting probationary driving privileges under this chapter, 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.
    (b) 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.
     (c) A court may not order the installation of an ignition interlock device on a vehicle operated by

an employee to whom any of the following apply:
        (1) Has been convicted of violating IC 9-30-5-1 or IC 9-30-5-2. section 1 or 2 of this chapter.
        (2) Is employed as the operator of a vehicle owned, leased, or provided by the employee's employer.
        (3) Is subject to a labor agreement that prohibits an employee who is convicted of an alcohol related offense from operating the employer's vehicle.

SOURCE: IC 9-30-9-5; (03)HB1232.2.6. -->     SECTION 9. 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)HB1232.2.7. -->     SECTION 10. 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)."
    (Reference is to ESB 0263 as printed March 28, 2003.)



________________________________________

Representative DUNCAN


RH 026301/DI two
2003