Introduced Version
HOUSE BILL No. 1108
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-13-2-1.7; IC 9-21-8-55; IC 35-42-2-2.
Synopsis: Aggressive driving and criminal recklessness. Defines
"aggressive driving". Makes aggressive driving a Class A misdemeanor
if it is done knowingly or intentionally. Makes criminal recklessness:
(1) a Class D felony instead of a Class B misdemeanor if the offense is
committed by a person who committed aggressive driving and caused
serious bodily injury to another person; and (2) a Class C felony instead
of a Class B misdemeanor if the offense is committed by a person who
committed aggressive driving and caused the death of another person.
Makes criminal recklessness a Class C felony instead of a Class B
misdemeanor if it is committed by shooting a firearm into an inhabited
dwelling or other building or place where people are likely to gather.
(Current law requires that the shooting be done from a vehicle.)
Effective: July 1, 2006.
Brown T
January 5, 2006, read first time and referred to Committee on Courts and Criminal Code.
Introduced
Second Regular Session 114th General Assembly (2006)
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HOUSE BILL No. 1108
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 9-13-2-1.7; (06)IN1108.1.1. -->
SECTION 1. IC 9-13-2-1.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: 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: IC 9-21-8-55; (06)IN1108.1.2. -->
SECTION 2. IC 9-21-8-55 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]:
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 or commits 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: IC 35-42-2-2; (06)IN1108.1.3. -->
SECTION 3. IC 35-42-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: 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.
SOURCE: ; (06)IN1108.1.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2006]
IC 9-21-8-55, as added
by this act, and IC 35-42-2-2, as amended by this act, apply only to
offenses committed after June 30, 2006.