YES:
MR. SPEAKER:
Your Committee on Courts and Criminal Code , to which was referred Senate Bill
172 , 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:
Delete everything after the enacting clause and insert the following:
operating a motor vehicle:
(1) with an alcohol concentration equivalent to at least
eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath; or
(2) while intoxicated;
commits a Class B felony.
(b) (c) A person who violates subsection (a) or (b) commits a
separate offense for each person whose death is caused by the violation
of subsection (a) or (b).
(c) (d) It is a defense under subsection (a)(2) (a) that the accused
person consumed the controlled substance under a valid prescription
or order of a practitioner (as defined in
IC 35-48-1
) who acted in the
course of the practitioner's professional practice.
and when so amended that said bill do pass.