HB 1128-1_ Filed 02/27/2006, 10:26 Lanane
Adopted 2/28/2006

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1128 be amended to read as follows:

SOURCE: Page 2, line 22; (06)MO112803.2. -->     Page 2, line 22, after "IC 9-30-8." insert " The person granted probationary driving privileges under this subsection shall pay all costs associated with the installation of an ignition interlock device unless the sentencing court determines that the person is indigent.".
    Page 2, between lines 35 and 36, begin a new paragraph and insert:
SOURCE: IC 9-30-5-16; (06)MO112803.2. -->     "SECTION 2. IC 9-30-5-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 16. (a) Except as provided in subsections (b) and (c) and section 10 of this chapter, the court may, in granting probationary driving privileges under this chapter, also order that the probationary driving privileges include the requirement that a person may not operate a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8.
    (b) An order granting probationary driving privileges:
        (1) under:
            (A) section 12(a) of this chapter, if the person has a previous conviction that occurred at least ten (10) years before the conviction under consideration by the court; or
            (B) section 12(c) of this chapter; or
        (2) to a person who has a prior unrelated conviction for an offense under this chapter of which the consumption of alcohol is an element;
must prohibit the person from operating a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8. However, a court is not required to order the installation of an ignition interlock device for a person described in subdivision (1) or (2) if the person is successfully participating in a court supervised alcohol treatment program in which the person is taking disulfiram or a similar substance that the court determines is effective in treating alcohol abuse.
    (c) A court may not order the installation of an ignition interlock device on a vehicle operated by an employee to whom any of the following apply:
        (1) Has been convicted of violating section 1 or 2 of this chapter.
        (2) Is employed as the operator of a vehicle owned, leased, or provided by the employee's employer.
        (3) Is subject to a labor agreement that prohibits an employee who is convicted of an alcohol related offense from operating the employer's vehicle.".
SOURCE: Page 3, line 1; (06)MO112803.3. -->     Page 3, line 1, after "installation" delete "." and insert " unless the sentencing court determines that the person is indigent.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1128 as printed February 24, 2006.)

________________________________________

Senator LANANE


MO112803/DI 106
2006