SB 217-1_ Filed 04/04/2005, 11:28 Brown T
Adopted 4/4/2005


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 217 be amended to read as follows:

SOURCE: Page 3, line 10; (05)MO021701.3. -->     Page 3, between lines 10 and 11, begin a new paragraph and insert:
SOURCE: IC 9-13-2-1.7; (05)MO021701.2. -->     "SECTION 2. IC 9-13-2-1.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.7. "Aggressive driving", for purposes of IC 9-21-8-55, has the meaning set forth in IC 9-21-8-55(a).
SOURCE: Page 4, line 35; (05)MO021701.4. -->     Page 4, between lines 35 and 36, begin a new paragraph and insert:
SOURCE: IC 9-21-8-55; (05)MO021701.5. -->     "SECTION 5. IC 9-21-8-55 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 55. (a) For purposes of this section, a person engages in aggressive driving if, during one (1) episode of continuous driving of a vehicle, the person does at least three (3) of the following:
        (1) Following a vehicle too closely in violation of IC 9-21-8-14.
        (2) Unsafe operation of a vehicle in violation of IC 9-21-8-24.
        (3) Overtaking another vehicle on the right by driving off the roadway in violation of IC 9-21-8-6.
        (4) Unsafe stopping or slowing a vehicle in violation of IC 9-21-8-26.
        (5) Unnecessary sounding of the horn in violation of IC 9-19-5-2.
        (6) Failure to yield in violation of IC 9-21-8-29 through IC 9-21-8-34.
        (7) Failure to obey a traffic control device in violation of IC 9-21-8-41.
        (8) Driving at an unsafe speed in violation of IC 9-21-5.
        (9) Repeatedly flashing the vehicle's headlights.
    (b) A person who knowingly or intentionally engages in aggressive driving commits aggressive driving, a Class A misdemeanor.
".
SOURCE: Page 5, line 12; (05)MO021701.5. -->     Page 5, delete lines 12 through 42, begin a new paragraph, and insert:
SOURCE: IC 35-42-2-2; (05)MO021701.7. -->     "SECTION 7. IC 35-42-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) As used in this section, "hazing" means forcing or requiring another person:
        (1) with or without the consent of the other person; and
        (2) as a condition of association with a group or organization;
to perform an act that creates a substantial risk of bodily injury.
    (b) A person who recklessly, knowingly, or intentionally performs:
        (1) an act that creates a substantial risk of bodily injury to another person; or
        (2) hazing;
commits criminal recklessness. Except as provided in subsection (c), criminal recklessness is a Class B misdemeanor.
    (c) The offense of criminal recklessness as defined in subsection (b) is:
        (1) a Class A misdemeanor if the conduct includes the use of a vehicle;
        (2) a Class D felony if:
             (A) it is committed while armed with a deadly weapon; or
            (B) the person committed aggressive driving (as defined in IC 9-21-8-55) and caused serious bodily injury to another person; or
        (3) a Class C felony if:
             (A) it is committed by shooting a firearm from a vehicle into an inhabited dwelling or other building or place where people are likely to gather; or
            (B) the person committed aggressive driving (as defined in IC 9-21-8-55) and caused the death of another person
.
    (d) A person who recklessly, knowingly, or intentionally:
        (1) inflicts serious bodily injury on another person; or
        (2) performs hazing that results in serious bodily injury to a person;
commits criminal recklessness, a Class D felony. However, the offense is a Class C felony if committed by means of a deadly weapon.
    (e) A person, other than a person who has committed an offense under this section or a delinquent act that would be an offense under this section if the violator was an adult, who:
        (1) makes a report of hazing in good faith;
        (2) participates in good faith in a judicial proceeding resulting from a report of hazing;
        (3) employs a reporting or participating person described in

subdivision (1) or (2); or
        (4) supervises a reporting or participating person described in subdivision (1) or (2);
is not liable for civil damages or criminal penalties that might otherwise be imposed because of the report or participation.
    (f) A person described in subsection (e)(1) or (e)(2) is presumed to act in good faith.
    (g) A person described in subsection (e)(1) or (e)(2) may not be treated as acting in bad faith solely because the person did not have probable cause to believe that a person committed:
        (1) an offense under this section; or
        (2) a delinquent act that would be an offense under this section if the offender was an adult.".
    Delete page 6.

SOURCE: Page 7, line 1; (05)MO021701.7. -->     Page 7, delete lines 1 through 7.
    Page 7, line 8, after "2005]" insert " IC 9-21-8-55, as added by this act, and".
    Page 7, line 9, delete "applies" and insert " apply".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 217 as printed April 1, 2005.)

________________________________________

Representative Brown T


MO021701/DI 106     2005