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
A BILL FOR AN ACT to amend the Indiana Code concerning
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;
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).