Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 9-14-3-7, AS AMENDED BY P.L.112-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 7. (a) The bureau shall maintain an operating
record for each person licensed by the bureau to drive a motor vehicle.
(b) An operating record must contain the following:
(1) A person's convictions for any of the following:
(A) A moving traffic violation.
(B) Operating a vehicle without financial responsibility in
violation of IC 9-25.
(2) Any administrative penalty imposed by the bureau.
(3) If the driving privileges of a person have been suspended or
revoked by the bureau, an entry in the record stating that a notice
of suspension or revocation was mailed by the bureau and the date
of the mailing of the notice.
(4) Any suspensions, revocations, or reinstatements of a person's
driving privileges, license, or permit.
(5) Any requirement that the person may operate only a
motor vehicle equipped with an certified ignition interlock
device.
(c) An entry in the operating record of a defendant stating that
notice of suspension or revocation was mailed by the bureau to the
defendant constitutes prima facie evidence that the notice was mailed
to the defendant's address as shown in the official driving record.
(d) An operating record maintained under this section:
(1) is not admissible as evidence in any action for damages arising
out of a motor vehicle accident; and
(2) may not include voter registration information.
SECTION 2. IC 9-24-15-6.5, AS AMENDED BY P.L.215-2001,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 6.5. (a) The court shall grant a petition for a
restricted driving permit filed under this chapter if all of the following
conditions exist:
(1) The person was not convicted of one (1) or more of the
following:
(A) A Class D felony under IC 9-30-5-4 before July 1, 1996,
or a Class D felony or a Class C felony under IC 9-30-5-4 after
June 30, 1996.
(B) A Class C felony under IC 9-30-5-5 before July 1, 1996, or
a Class C felony or a Class B felony under IC 9-30-5-5 after
June 30, 1996.
(2) The person's driving privileges were suspended under
IC 9-30-6-9(b) or IC 35-48-4-15.
(3) The driving that was the basis of the suspension was not in
connection with the person's work.
(4) The person does not have a previous conviction for operating
while intoxicated.
(5) The person is participating in a rehabilitation program
certified by either the division of mental health and addiction or
the Indiana judicial center as a condition of the person's
probation.
(b) The person filing the petition for a restricted driving permit shall
include in the petition the information specified in subsection (a) in
addition to the information required by sections 3 through 4 of this
chapter.
(c) Whenever the court grants a person restricted driving privileges
under this chapter, that part of the court's order granting probationary
driving privileges shall not take effect until the person's driving
privileges have been suspended for at least thirty (30) days under
IC 9-30-6-9. In a county that provides for the installation of an
ignition interlock device under IC 9-30-8, installation of an ignition
interlock device is required as a condition of probationary driving
privileges for the entire duration of the probationary driving
privileges.
(d) If a court requires installation of a certified ignition
interlock device under subsection (c), the court shall order the
bureau to record this requirement in the person's operating record
in accordance with IC 9-14-3-7. When the person is no longer
required to operate only a motor vehicle equipped with an ignition
interlock device, the court shall notify the bureau that the ignition
interlock use requirement has expired and order the bureau to
update its records accordingly.
SECTION 3. IC 9-30-5-4, AS AMENDED BY P.L.175-2001,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 4. (a) A person who causes serious bodily injury
to another person when 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;
(2) with a controlled substance listed in schedule I or II of
IC 35-48-2 or its metabolite in the person's body; or
(3) while intoxicated;
commits a Class D felony. However, the offense is a Class C felony if
the person has a previous conviction of operating while intoxicated
within the five (5) years preceding the commission of the offense. the
person had a prior unrelated conviction under this chapter.
(b) A person who violates subsection (a) commits a separate offense
for each person whose serious bodily injury is caused by the violation
of subsection (a).
(c) It is a defense under subsection (a)(2) 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.
SECTION 4. IC 9-30-5-5, AS AMENDED BY HEA 1394-2004,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 5. (a) A person who causes the death of another
person when operating a motor vehicle:
(1) with an alcohol concentration equivalent to at least
eight-hundredths (0.08) gram of alcohol but less than
fifteen-hundredths (0.15) gram of alcohol per:
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.
SECTION 6. IC 9-30-5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: 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 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 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, in which a vehicle was used in the
offense, the court shall recommend the suspension or revocation of the
person's driving privileges for at least six (6) months.
SECTION 7. IC 9-30-5-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: 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) 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.
SECTION 8. IC 9-30-5-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 16. (a) Except as
provided in subsection 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) An order granting probationary driving privileges:
(1) under:
(A) 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
(B) section 12(c) of this chapter; or
(2) to a person who has a prior unrelated conviction for an
offense under this chapter of which the consumption of
alcohol is an element;
must prohibit the person from operating a motor vehicle unless the
vehicle is equipped with a functioning certified ignition interlock
device under IC 9-30-8. However, a court is not required to order
the installation of an ignition interlock device for a person
described in subdivision (1) or (2) if the person is successfully
participating in a court supervised alcohol treatment program in
which the person is taking disulfiram or a similar substance that
the court determines is effective in treating alcohol abuse.
(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.
SECTION 9. IC 9-30-6-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 8. (a) Whenever a judicial officer
has determined that there was probable cause to believe that a person
has violated IC 9-30-5 or IC 14-15-8, the clerk of the court shall
forward:
(1) a copy of the affidavit; and
(2) a bureau certificate as described in section 16 of this chapter;
to the bureau.
(b) The probable cause affidavit required under section 7(b)(2) of
this chapter must do the following:
motor vehicle is equipped with a functioning certified ignition
interlock device under IC 9-30-8 commencing:
(A) five (5) days after the date of the notice; or
(B) on the date the court enters an order recommending
use of an ignition interlock device;
whichever occurs first.
(2) Notify the person of the right to a judicial review under
section 10 of this chapter.
(b) Notwithstanding IC 4-21.5, an action that the bureau is
required to take under this section is not subject to any
administrative adjudication under IC 4-21.5.
SECTION 11. IC 9-30-6-8.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 8.7. (a) A person commits a Class B infraction if the
person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) is prohibited from operating a motor vehicle unless the
motor vehicle is equipped with a functioning certified ignition
interlock device under section 8(d) of this chapter.
(b) A person commits a Class B misdemeanor if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) knows the person is prohibited from operating a motor
vehicle unless the motor vehicle is equipped with a functioning
certified ignition interlock device under section 8(d) of this
chapter.
SECTION 12. IC 9-30-6-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 9. (a) This section does
not apply if an ignition interlock device order is issued under
section 8(d) of this chapter.
(b) If the affidavit under section 8(b) of this chapter states that a
person refused to submit to a chemical test, the bureau shall suspend
the driving privileges of the person:
(1) for one (1) year; or
(2) until the suspension is ordered terminated under IC 9-30-5.
(b) (c) If the affidavit under section 8(b) of this chapter states that
a chemical test resulted in prima facie evidence that a person was
intoxicated, the bureau shall suspend the driving privileges of the
person:
petition the court to correct the court's order.
SECTION 13. IC 9-30-6-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 10. (a) A person
against whom an ignition interlock device order has been issued
under section 8.5 of this chapter or whose driving privileges have
been suspended under section 9 of this chapter is entitled to a prompt
judicial hearing. The person may file a petition that requests a hearing:
(1) in the court where the charges with respect to the person's
operation of a vehicle are pending; or
(2) if charges with respect to the person's operation of a vehicle
have not been filed, in any court of the county where the alleged
offense or refusal occurred that has jurisdiction over crimes
committed in violation of IC 9-30-5.
(b) The petition for review must:
(1) be in writing;
(2) be verified by the person seeking review; and
(3) allege specific facts that contradict the facts alleged in the
probable cause affidavit.
(c) The hearing under this section shall be limited to the following
issues:
(1) Whether the arresting law enforcement officer had probable
cause to believe that the person was operating a vehicle in
violation of IC 9-30-5.
(2) Whether the person refused to submit to a chemical test
offered by a law enforcement officer.
(d) If the court finds:
(1) that there was no probable cause; or
(2) that the person's driving privileges were suspended under
section 9(a) of this chapter and that the person did not refuse to
submit to a chemical test;
the court shall order the bureau to rescind the ignition interlock
device requirement or reinstate the person's driving privileges.
(e) The prosecuting attorney of the county in which a petition has
been filed under this chapter shall represent the state on relation of the
bureau with respect to the petition.
(f) The petitioner has the burden of proof by a preponderance of the
evidence.
(g) The court's order is a final judgment appealable in the manner
of civil actions by either party. The attorney general shall represent the
state on relation of the bureau with respect to the appeal.
initial hearing on the charges, a trial or other disposition of the
charges for which the person was arrested under IC 9-30-5 is not
held within ninety (90) days after the date of the person's initial
hearing on the charges.
(2) The delay in trial or disposition of the charges is not due to the
person arrested under IC 9-30-5.
(b) A person who desires rescission of the ignition interlock
device requirement or reinstatement of driving privileges under this
section must file a verified petition in the court where the charges
against the petitioner are pending. The petition must allege the
following:
(1) The date of the petitioner's arrest under IC 9-30-5.
(2) The date of the petitioner's initial hearing on the charges filed
against the petitioner under IC 9-30-5.
(3) The date set for trial or other disposition of the matter.
(4) A statement averring the following:
(A) That the petitioner requested an early trial of the matter at
the petitioner's initial hearing on the charges filed against the
petitioner under IC 9-30-5.
(B) The trial or disposition date set by the court is at least
ninety (90) days after the date of the petitioner's initial hearing
on the charges filed against the petitioner under IC 9-30-5.
(C) The delay in the trial or disposition is not due to the
petitioner.
(c) Upon the filing of a petition under this section, the court shall
immediately examine the record of the court to determine whether the
allegations in the petition are true.
(d) If the court finds the allegations of a petition filed under this
section are true, the court shall order rescission of the ignition
interlock device requirement or reinstatement of the petitioner's
driving privileges under section 11 of this chapter. The reinstatement
must not take effect until ninety (90) days after the date of the
petitioner's initial hearing.
SECTION 17. IC 9-30-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. If a court orders the
installation of a certified ignition interlock device under IC 9-30-5-16
IC 9-30-5 on a motor vehicle that a person whose license is restricted
owns or expects to operate, the court shall set the time that the
installation must remain in effect. However, the term may not exceed
the maximum term of imprisonment the court could have imposed. The
person shall pay the cost of installation.
SECTION 18. IC 9-30-9-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: 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.
(c) The court may, as an alternative to a license suspension
under subsection (a)(1), issue an order prohibiting the defendant
from operating a motor vehicle unless the motor vehicle is
equipped with a functioning certified ignition interlock device
under IC 9-30-8. An order requiring an ignition interlock device
must remain in effect for at least two (2) years but not more than
four (4) years.
SECTION 19. IC 9-30-9-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: 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.
(c) The court may, as an alternative to a license suspension
under subsection (a)(1), issue an order prohibiting the defendant
from operating a motor vehicle unless the motor vehicle is
equipped with a functioning certified ignition interlock device
under IC 9-30-8. An order requiring an ignition interlock device
must remain in effect for at least two (2) years but not more than
four (4) years.
SECTION 20. IC 9-30-9-7.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 7.5. (a) A person commits a Class B infraction if the
person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) is prohibited from operating a motor vehicle unless the
motor vehicle is equipped with a functioning certified ignition
interlock device under section 5(d) or 7(d) of this chapter.
(b) A person commits a Class B misdemeanor if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) knows the person is prohibited from operating a motor
vehicle unless the motor vehicle is equipped with a functioning
certified ignition interlock device under section 5(d) or 7(d) of
this chapter.
SECTION 21. IC 12-23-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) Subject to
subsection (b), if a court enters an order conditionally deferring charges
that involve a violation of IC 9-30-5, the court shall do the following:
(1) Suspend the defendant's driving privileges for at least ninety
(90) days but not more than two (2) years.
(2) Impose other appropriate conditions.
(b) A 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.
(c) If a defendant has at least one (1) conviction for an offense
under IC 9-30-5, the order granting probationary driving
privileges under subsection (b) must, in a county that provides for
the installation of an ignition interlock device under IC 9-30-8,
prohibit the defendant from operating a motor vehicle unless the
motor vehicle is equipped with a functioning certified ignition
interlock device under IC 9-30-8.
(d) If a defendant does not have a prior conviction for an offense
under IC 9-30-5, the court may, as an alternative to a license
suspension under subsection (a)(1), issue an order prohibiting the
defendant from operating a motor vehicle unless the motor vehicle
is equipped with a functioning certified ignition interlock device
under IC 9-30-8. An order requiring an ignition interlock device
must remain in effect for at least two (2) years but not more than
four (4) years.
SECTION 22. IC 12-23-5-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 5.5. (a) A person commits a Class
B infraction if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) is prohibited from operating a motor vehicle unless the
motor vehicle is equipped with a functioning certified ignition
interlock device under section 5(d) of this chapter.
(b) A person commits a Class B misdemeanor if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) knows the person is prohibited from operating a motor
vehicle unless the motor vehicle is equipped with a functioning
certified ignition interlock device under section 5(d) of this
chapter.
SECTION 23. IC 35-48-4-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 15. (a) If a person is
convicted of an offense under section 1, 2, 3, 4, 5, 6, 7, 10, or 11 of this
chapter, or conspiracy to commit an offense under section 1, 2, 3, 4, 5,
6, 7, 10, or 11 of this chapter, and the court finds that a motor
vehicle was used in the commission of the offense, the court shall, in
addition to any other order the court enters, order that the person's:
(1) operator's license be suspended;
(2) existing motor vehicle registrations be suspended; and
(3) ability to register motor vehicles be suspended;
by the bureau of motor vehicles for a period specified by the court of
at least six (6) months but not more than two (2) years.
(b) If a person is convicted of an offense described in subsection (a)
and the person does not hold an operator's license or a learner's permit,
the court shall order that the person may not receive an operator's
license or a learner's permit from the bureau of motor vehicles for a
period of not less than six (6) months.
Approved: