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
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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.