Citations Affected: IC 5-2; IC 9-30; noncode.
Synopsis: Ignition interlock devices. Establishes the ignition interlock
fund. Provides that a court order granting probationary driving
privileges to certain persons must prohibit the person from operating
a motor vehicle unless the vehicle is equipped with an ignition
interlock device. Reestablishes the sentencing policy study committee
to evaluate sentencing laws and policies for an additional four years.
Requires the committee to evaluate the current statutes regarding
ignition interlock devices and other alternative technologies. Requires
the committee to propose legislation if necessary.
Effective: July 1, 2007.
January 23, 2007, read first time and referred to Committee on Judiciary.
February 19, 2007, amended, reported _ Do Pass.
February 23, 2007, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles and to make an appropriation.
money in the fund.
(c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
Sec. 5. The institute shall distribute money in the fund to local governmental entities in Indiana for the purpose of assisting local governmental entities with:
(1) administration costs associated with ignition interlock devices; and
(2) the costs associated with providing an ignition interlock device to an indigent person.
Sec. 6. The institute may adopt rules under IC 4-22-2 and guidelines to implement this chapter.
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. A court
also is not required to order the installation of an ignition interlock
device for a person who is the subject of an order described in
subdivision (1)(A). If a court does not order the installation of an
ignition interlock device for a person who is the subject of an order
described in subdivision (1)(A), the court shall set forth why a
device is not appropriate.
(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.
for the modification of sentencing laws and policies and for the
addition, deletion, or expansion of sentencing options.
(d) The committee shall do the following:
(1) Evaluate the existing classification of criminal offenses into felony and misdemeanor categories. In determining the proper category for each felony and misdemeanor, the committee shall consider, to the extent they have relevance, the following:
(A) The nature and degree of harm likely to be caused by the offense, including whether the offense involves property, irreplaceable property, a person, a number of persons, or a breach of the public trust.
(B) The deterrent effect a particular classification may have on the commission of the offense.
(C) The current incidence of the offense in Indiana.
(D) The rights of the victim.
(2) Recommend structures to be used by a sentencing court in determining the most appropriate sentence to be imposed in a criminal case, including any combination of imprisonment, probation, restitution, community service, or house arrest. The committee shall also consider the following:
(A) The nature and characteristics of the offense.
(B) The severity of the offense in relation to other offenses.
(C) The characteristics of the defendant that mitigate or aggravate the seriousness of the criminal conduct and the punishment deserved for that conduct.
(D) The defendant's number of prior convictions.
(E) The available resources and capacity of the department of correction, local confinement facilities, and community based sanctions.
(F) The rights of the victim.
The committee shall include with each set of sentencing structures an estimate of the effect of the sentencing structures on the department of correction and local facilities with respect to both fiscal impact and inmate population.
(3) Review community corrections and home detention programs for the purpose of:
(A) standardizing procedures and establishing rules for the supervision of home detainees; and
(B) establishing procedures for the supervision of home detainees by community corrections programs of adjoining counties.
as a condition to drive for a person convicted of operating a
vehicle while intoxicated.
(12) Propose legislation:
(A) to improve the current statutes concerning ignition interlock devices; and
(B) if necessary, permitting courts to utilize other alternative technologies, such as secured continuous remote alcohol monitors, that a court may order as a condition to drive for a person convicted of operating a vehicle while intoxicated.
(e) The committee may study other topics assigned by the legislative council or as directed by the committee chair. The committee may meet as often as necessary.
(f) The committee consists of twenty (20) members appointed as follows:
(1) Four (4) members of the senate, not more than two (2) of whom may be affiliated with the same political party, to be appointed by the president pro tempore of the senate.
(2) Four (4) members of the house of representatives, not more than two (2) of whom may be affiliated with the same political party, to be appointed by the speaker of the house of representatives.
(3) The chief justice of the supreme court or the chief justice's designee.
(4) The commissioner of the department of correction or the commissioner's designee.
(5) The director of the Indiana criminal justice institute or the director's designee.
(6) The executive director of the prosecuting attorneys council of Indiana or the executive director's designee.
(7) The executive director of the public defender council of Indiana or the executive director's designee.
(8) One (1) person with experience in administering community corrections programs, appointed by the governor.
(9) One (1) person with experience in administering probation programs, appointed by the governor.
(10) Two (2) judges who exercise juvenile jurisdiction, not more than one (1) of whom may be affiliated with the same political party, to be appointed by the governor.
(11) Two (2) judges who exercise criminal jurisdiction, not more than one (1) of whom may be affiliated with the same political party, to be appointed by the governor.