Introduced Version






HOUSE BILL No. 1111

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-30.

Synopsis: Ignition interlock devices. Makes tampering with an ignition interlock device a Class B misdemeanor under certain circumstances. Requires a court, in granting probationary driving privileges to a DUI offender (except an offender with no prior conviction), to prohibit the person from operating a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device.

Effective: July 1, 2004.





Duncan, Kuzman




    January 13, 2004, read first time and referred to Committee on Judiciary.







Introduced

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.
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HOUSE BILL No. 1111



    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:

SOURCE: IC 9-30-5-8; (04)IN1111.1.1. -->     SECTION 1. IC 9-30-5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 8. (a) A person who knowingly or intentionally 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; (04)IN1111.1.2. -->     SECTION 2. 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, the court shall recommend the suspension or revocation of the person's driving privileges for at least six (6) months.
SOURCE: IC 9-30-5-13; (04)IN1111.1.3. -->     SECTION 3. 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.
SOURCE: IC 9-30-5-16; (04)IN1111.1.4. -->     SECTION 4. IC 9-30-5-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: 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) 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 possession or 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.
    (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 9-30-8-1; (04)IN1111.1.5. -->     SECTION 5. 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.