HB 1583-1_ Filed 02/17/2005, 13:29

Text Box

Adopted Rejected


[

]



COMMITTEE REPORT

            
                                                        YES:

10

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Courts and Criminal Code     , to which was referred       House Bill 1583     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

    Delete everything after the enacting clause and insert the following:

SOURCE: IC 35-42-2-2; (05)CR158301.1. -->     SECTION 1. IC 35-42-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) As used in this section, "aggressive driving" means one (1) episode of continuous driving of a vehicle by a person:
        (1) that results in:
            (A) bodily injury to another person; or
            (B) property damage to the vehicle of another person; and
        (2) during which at least three (3) of the following acts occur:

            (A) Following a vehicle too closely in violation of IC 9-21-8-14.
            (B) Unsafe operation of a vehicle in violation of IC 9-21-8-24.
            (C) Overtaking another vehicle on the right by driving off the roadway in violation of IC 9-21-8-6.
            (D) Unsafe stopping or slowing a vehicle in violation of

IC 9-21-8-26.
            (E) Unnecessary sounding of the horn in violation of IC 9-19-5-2.
            (F) Failure to yield in violation of IC 9-21-8-29 through IC 9-21-8-34.
            (G) Failure to obey a traffic control device in violation of IC 9-21-8-41.
            (H) Driving at an unsafe speed in violation of IC 9-21-5.
            (I) Repeatedly flashing the vehicle's headlights.
    (b)
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) (c) 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), subsections (d) and (e), criminal recklessness is a Class B misdemeanor.
    (c) (d) The offense of criminal recklessness as defined in subsection (b) (c) is:
        (1) a Class A misdemeanor if:
             (A) the conduct includes the use of a vehicle; or
            (B) the person engaged in aggressive driving;

        (2) a Class D felony if it is committed while:
             (A) armed with a deadly weapon; or
             (B) the person engaged in aggressive driving 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) it:
                (i) is committed while the person engaged in aggressive driving; and


                (ii) caused the death of another person.
    (d) (e) 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) (f) 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) (g) A person described in subsection (e)(1) (f)(1) or (e)(2) (f)(2) is presumed to act in good faith.
    (g) (h) A person described in subsection (e)(1) (f)(1) or (e)(2) (f)(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.
SOURCE: ; (05)CR158301.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2005] IC 35-42-2-2, as amended by this act, applies only to offenses committed after June 30, 2005.
    (Reference is to HB 1583 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Ulmer


CR158301/DI 69    2005