Introduced Version




Citations Affected: IC 9-30-5-5.

Synopsis: Operating a vehicle while intoxicated. Makes operating a vehicle while intoxicated and causing the death of another person a Class B felony instead of a Class C felony.

Effective: July 1, 2004.


    January 6, 2004, read first time and referred to Committee on Criminal, Civil and Public Policy.


Second Regular Session 113th General Assembly (2004)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2003 Regular Session of the General Assembly.


    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 9-30-5-5, AS AMENDED BY P.L.175-2001, SECTION 9, 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 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 C felony. However, the offense is a Class B felony. if, 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 death 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 2. [EFFECTIVE JULY 1, 2004] IC 9-30-5-5, as amended by this act, applies only to crimes committed after June 30, 2004.