Introduced Version






HOUSE BILL No. 1800

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-30-5.

Synopsis: Operating while intoxicated (OWI) enhancements. Permits an OWI offense to be enhanced due to a prior OWI conviction within the previous ten years. (Current law permits enhancement for an OWI conviction within the previous five years.) Makes a technical correction.

Effective: July 1, 2005.





Thomas




    January 19, 2005, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 114th General Assembly (2005)


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. 1800



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-30-5-3; (05)IN1800.1.1. -->     SECTION 1. IC 9-30-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. A person who violates section 1 or 2 of this chapter commits a Class D felony if:
        (1) the person has a previous conviction of operating while intoxicated that occurred within the five (5) ten (10) years immediately preceding the occurrence of the violation of section 1 or 2 of this chapter; or
        (2) the person:
            (A) is at least twenty-one (21) years of age;
            (B) violates section 1(b) or 2(b) of this chapter; and
            (C) operated a vehicle in which at least one (1) passenger was less than eighteen (18) years of age.
SOURCE: IC 9-30-5-4; (05)IN1800.1.2. -->     SECTION 2. IC 9-30-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) A person who causes serious bodily injury to 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;
commits a Class D felony. However, the offense is a Class C felony if the person has a previous conviction of operating while intoxicated within the five (5) ten (10) years preceding the commission of the offense.
    (b) A person who violates subsection (a) commits a separate offense for each person whose serious bodily injury is caused by the violation of subsection (a).
    (c) It is a defense under subsection (a)(2) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner's professional practice.
SOURCE: IC 9-30-5-5; (05)IN1800.1.3. -->     SECTION 3. IC 9-30-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: 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 blood; or
        (3) while intoxicated;
commits a Class C felony. However, the offense is a Class B felony if the person has a previous conviction of operating while intoxicated within the five (5) ten (10) years preceding the commission of the offense, or if the person operated the motor vehicle when the person knew that the person's driver's license, driving privilege, or permit is suspended or revoked for a previous conviction for operating a vehicle while intoxicated.
    (b) A person at least twenty-one (21) years of age who causes the death of another person when operating a motor vehicle:
        (1) with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) 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; or
        (2) with a controlled substance listed in schedule I or II of IC 35-48-4 IC 35-48-2 or its metabolite in the person's blood;
commits a Class B felony.
    (c) A person who violates subsection (a) or (b) commits a separate offense for each person whose death is caused by the violation of subsection (a) or (b).
    (d) It is a defense under subsection (a)(2) or subsection (b)(2) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner's professional practice.