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HOUSE ENROLLED ACT No. 1057




     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 9-30-15-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. The operator of (a) This section does not apply to the following:
        (1) A container possessed by a person who is in the:
            (A) passenger compartment of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or
            (B) living quarters of a house coach or house trailer.
        (2) A container located in a fixed center console or other similar fixed compartment that is locked.
        (3) A container located:
            (A) behind the last upright seat; or
            (B) in an area not normally occupied by a person;
        in a motor vehicle that is not equipped with a trunk.
    (b) A person in
a motor vehicle who has an alcohol

concentration equivalent to at least four-hundredths (0.04) gram of alcohol per one hundred (100) milliliters of the blood, or per two hundred ten (210) liters of the breath, and who, while the motor vehicle is in operation knowingly allows or while the motor vehicle is located on the right-of-way of a public highway, possesses a container:
        (1) that has been opened;
        (2) that has a broken seal; or
        (3) from which some of the contents have been removed;
to be in the passenger compartment of the motor vehicle commits a Class B Class C infraction. If a person is found to have a previous unrelated judgment under this section or a previous unrelated conviction or judgment under IC 9-30-5 within twelve (12) months before a violation that results in a judgment under this chapter, the court may recommend the person's driving privileges be suspended for not more than one (1) year.
    (c) A violation of this section is not considered a moving traffic violation:
        (1) for purposes of IC 9-14-3; and
        (2) for which points are assessed by the bureau under the point system.




Speaker of the House of Representatives



President of the Senate



President Pro Tempore

    Approved:






Governor of the State of Indiana


HEA 1057

Figure

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