HB 1052-2_ Filed 03/13/2008, 18:50
Adopted 3/14/2008
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1052
Citations Affected: IC 9-13-2-49.7; IC 9-24-10-4; IC 9-26-1; IC 9-30-5; IC 34-30-12-1;
IC 35-50-1-2.
Synopsis: Motorist duties at an accident and operating while intoxicated. Conference
committee report for EHB 1052. Requires an examination for a learner's permit to test the
applicant's knowledge of the duty to stop and provide assistance. Provides that the law requiring
a driver involved in an accident to stop at the accident scene, notify the appropriate law
enforcement agency, and render reasonable assistance applies if the accident results in the
entrapment of a person in a vehicle. (Under current law, the law applies only if the accident
results in the injury or death of a person.) Provides that if the driver is physically incapable of
notifying the appropriate law enforcement agency or rendering reasonable assistance, the duty
to notify or to render reasonable assistance is imposed on a passenger in the driver's vehicle who
is capable of discharging the duty if the passenger is: (1) at least 15 years of age and holds a
learner's permit or driver's license; or (2) at least 18 years of age. Provides that a passenger
commits a Class C misdemeanor if the passenger fails to notify or to render reasonable assistance
when the duty is imposed upon the passenger. Provides that a person who knowingly,
intentionally, or recklessly violates the law requiring a driver or a passenger to take certain
actions at the scene of an accident commits a Class C misdemeanor, and provides that a
passenger is immune from civil liability for providing emergency care. Specifies that felony
resisting law enforcement and operating while intoxicated (OWI) causing serious bodily injury
are crimes of violence. Makes OWI committed by a person with a previous conviction for OWI
causing death, serious bodily injury, or with a minor in the vehicle a Class C felony. Permits a
court to require a license suspension imposed as the result of a conviction for operating while
intoxicated to be imposed before or after, or both before and after, any period of incarceration.
Makes leaving the scene of an accident after committing operating while intoxicated causing
serious bodily injury a Class B felony. (This conference committee report: Removes the Class
A felony enhancement for: (1) operating while intoxicated with a blood alcohol content
greater than .15% causing death; and (2) leaving the scene of an accident after committing
operating while intoxicated causing death. Specifies that a passenger in a vehicle involved
in an accident is criminally liable for failing to render aid only if the passenger knew that
the driver was incapable of rendering aid, and provides that the passenger is immune from
civil liability for providing aid. Removes a provision making OWI causing serious bodily
injury a Class C felony and OWI causing serious bodily injury committed by a person with
a previous conviction for OWI a Class B felony. Makes OWI committed by a person with
a previous conviction for OWI with a minor in the vehicle a Class C felony.)
Effective: July 1, 2008.
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed Senate Amendments to Engrossed House Bill No. 1052 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 9-13-2-49.7; (08)CC105204.1.1. -->
SECTION 1. IC 9-13-2-49.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 49.7. "Entrapment" means a confining circumstance
from which escape or relief is difficult or impossible.
SOURCE: IC 9-24-10-4; (08)CC105204.1.2. -->
SECTION 2. IC 9-24-10-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) Except as
provided in subsection (c), an examination for a learner's permit must
consist of a test of the applicant's eyesight
and knowledge of
IC 9-26-1-1.5. All other examinations must include the following:
(1) A test of the following of the applicant:
(A) Eyesight.
(B) Ability to read and understand highway signs regulating,
warning, and directing traffic.
(C) Knowledge of Indiana traffic laws,
including
IC 9-26-1-1.5.
(2) An actual demonstration of the applicant's ability to exercise
ordinary and reasonable control in the operation of a motor
vehicle under the type of permit or license applied for.
(b) The examination may include further physical and mental
examination that the bureau finds necessary to determine the
applicant's fitness to operate a motor vehicle safely upon Indiana
highways. The applicant must provide the motor vehicle used in the
examination.
(c) The bureau shall waive the actual demonstration required under
subsection (a)(2) for a person who has passed a driver's education class
and a road test given by a commercial driver training school or a high
school driver education program.
(d) The bureau shall adopt rules under IC 4-22-2 specifying
requirements for a road test given under subsection (c) by a
commercial driver training school or a high school driver education
program.
SOURCE: IC 9-26-1-1; (08)CC105204.1.3. -->
SECTION 3. IC 9-26-1-1, AS AMENDED BY P.L.210-2005,
SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 1. The driver of a vehicle involved in an accident
that results in the injury or death of a person or the entrapment of a
person in a vehicle shall do the following:
(1) Immediately stop the driver's vehicle at the scene of the
accident or as close to the accident as possible in a manner that
does not obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the accident
until the driver does the following:
(A) Gives the driver's name and address and the registration
number of the vehicle the driver was driving.
(B) Upon request, exhibits the driver's license of the driver to
the following:
(i) The person struck.
(ii) The driver or occupant of or person attending each
vehicle involved in the accident.
(C) Subject to section 1.5(a) of this chapter, determines the
need for and renders reasonable assistance to each person
injured or entrapped in the accident, including the removal or
the making of arrangements for:
(i) the removal of each injured person from the scene of the
accident to a physician or hospital for medical treatment;
and
(ii) the removal of each entrapped person from the
vehicle in which the person is entrapped.
(3) Subject to section 1.5(b) of this chapter, immediately give
notice of the accident by the quickest means of communication to
one (1) of the following:
(A) The local police department if the accident occurs within
a municipality.
(B) The office of the county sheriff or the nearest state police
post if the accident occurs outside a municipality.
(4) Within ten (10) days after the accident, forward a written
report of the accident to the:
(A) state police department, if the accident occurs before
January 1, 2006; or
(B) bureau, if the accident occurs after December 31, 2005.
SOURCE: IC 9-26-1-1.5; (08)CC105204.1.4. -->
SECTION 4. IC 9-26-1-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 1.5. (a) If:
(1) the driver of a vehicle is physically incapable of
determining the need for or rendering assistance to any
injured or entrapped person as required under section 1(2)(C)
of this chapter;
(2) there is another occupant in the vehicle at the time of the
accident who is:
(A) at least:
(i) fifteen (15) years of age and holds a learner's permit
issued under IC 9-24-7-1 or a driver's license issued
under IC 9-24-11; or
(ii) eighteen (18) years of age; and
(B) capable of determining the need for and rendering
reasonable assistance to injured or entrapped persons as
provided in section 1(2)(C) of this chapter; and
(3) the other occupant in the vehicle knows that the driver of
the vehicle is physically incapable of determining the need for
or rendering assistance to any injured or entrapped person;
the vehicle occupant referred to in subdivisions (2) and (3) shall
immediately determine the need for and render reasonable
assistance to each person injured or entrapped in the accident as
provided in section 1(2)(C) of this chapter.
(b) If:
(1) the driver of a vehicle is physically incapable of giving
immediate notice of an accident as required under section 1(3)
of this chapter;
(2) there is another occupant in the vehicle at the time of the
accident who is:
(A) at least:
(i) fifteen (15) years of age and holds a learner's permit
issued under IC 9-24-7-1 or a driver's license issued
under IC 9-24-11; or
(ii) eighteen (18) years of age; and
(B) capable of giving notice as provided in section 1(3) of
this chapter; and
(3) the other occupant in the vehicle knows that the driver of
the vehicle is physically incapable of giving immediate notice
of an accident;
the vehicle occupant referred to in subdivisions (2) and (3) shall
immediately give notice of the accident by the quickest means of
communication as provided in section 1(3) of this chapter.
(c) If there is more than one (1) vehicle occupant to whom
subsection (a) applies, it is a defense to a prosecution of one (1)
vehicle occupant under subsection (a) that the defendant
reasonably believed that another occupant of the vehicle
determined the need for and rendered reasonable assistance as
required under subsection (a).
(d) If there is more than one (1) vehicle occupant to whom
subsection (b) applies, it is a defense to a prosecution of one (1)
vehicle occupant under subsection (b) that the defendant
reasonably believed that another occupant of the vehicle gave the
notice required under subsection (b).
SOURCE: IC 9-26-1-2; (08)CC105204.1.5. -->
SECTION 5. IC 9-26-1-2, AS AMENDED BY P.L.210-2005,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 2. The driver of a vehicle involved in an accident
that does not result in injury or death of a person or the entrapment
of a person in a vehicle but that does result in damage to a vehicle that
is driven or attended by a person shall do the following:
(1) Immediately stop the vehicle at the scene of the accident or as
close to the accident as possible in a manner that does not
obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the accident
until the driver does the following:
(A) Gives the driver's name and address and the registration
number of the vehicle the driver was driving.
(B) Upon request, exhibits the driver's license of the driver to
the driver or occupant of or person attending each vehicle
involved in the accident.
(3) If the accident results in total property damage to an apparent
extent of at least one thousand dollars ($1,000), forward a written
report of the accident to the:
(A) state police department, if the accident occurs before
January 1, 2006; or
(B) bureau, if the accident occurs after December 31, 2005;
within ten (10) days after the accident.
SOURCE: IC 9-26-1-6; (08)CC105204.1.6. -->
SECTION 6. IC 9-26-1-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 6. (a) If:
(1) the driver of a vehicle is physically incapable of making an
immediate or a written report of an accident as required by this
chapter; and
(2) there was another occupant in the vehicle at the time of the
accident capable of making an immediate or a written report;
the occupant shall make or cause to be made the report not made by the
driver.
(b) If:
(1) the driver of a vehicle is physically incapable of making an
immediate or a written report of an accident as required by this
chapter;
(2) there was no other occupant; and
(3) the driver is not the owner of the vehicle;
the owner of the vehicle involved in the accident shall, within five (5)
days after the accident, make the report not made by the driver.
SOURCE: IC 9-26-1-8; (08)CC105204.1.7. -->
SECTION 7. IC 9-26-1-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 8. (a) A person who
knowingly or
intentionally fails to stop or comply with section 1(1) or 1(2) of this
chapter after causing injury to a person commits a Class A
misdemeanor. However, the offense is:
(1) a Class D felony if:
(A) the accident involves serious bodily injury to a person; or
(B) within the five (5) years preceding the commission of the
offense, the person had a previous conviction of any of the
offenses listed in IC 9-30-10-4(a);
and
(2) a Class C felony if the accident involves the death of a person;
and
(3) a Class B felony if the person knowingly or intentionally
fails to stop or comply with section 1(1) or 1(2) of this chapter
after committing operating while intoxicated causing serious
bodily injury (IC 9-30-5-4).
(b) A person who knowingly or intentionally fails to stop or
comply with section 3 or 4 of this chapter after causing damage to the
property of another person commits a Class B misdemeanor.
SOURCE: IC 9-26-1-9; (08)CC105204.1.8. -->
SECTION 8. IC 9-26-1-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 9. A person who intentionally,
knowingly, or recklessly violates section 1(3), 1.5, 2(1), or 2(2) of this
chapter commits a Class C misdemeanor.
SOURCE: IC 9-30-5-3; (08)CC105204.1.9. -->
SECTION 9. IC 9-30-5-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 3. (a) Except as provided in
subsection (b), 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) 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.
(b) A person who violates section 1 or 2 of this chapter, or
subsection (a)(2) of this section, commits a Class C felony if:
(1) the person has a previous conviction of operating while
intoxicated causing death (IC 9-30-5-5); or
(2) the person has a previous conviction of operating while
intoxicated causing serious bodily injury (IC 9-30-5-4).
SOURCE: IC 9-30-5-10; (08)CC105204.1.10. -->
SECTION 10. IC 9-30-5-10, AS AMENDED BY P.L.172-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 10. (a) In addition to a criminal penalty imposed
for an offense under this chapter or IC 14-15-8, the court shall, after
reviewing the person's bureau driving record and other relevant
evidence, recommend the suspension of the person's driving privileges
for the fixed period of time specified under this section. The court
may require that a period of suspension recommended under this
section be imposed, if applicable, before a period of incarceration
or after a period of incarceration, or both before and after a period
of incarceration, as long as the suspension otherwise complies with
the periods established in this section.
(b) If the court finds that the person:
(1) does not have a previous conviction of operating a vehicle or
a motorboat while intoxicated; or
(2) has a previous conviction of operating a vehicle or a
motorboat while intoxicated that occurred at least ten (10) years
before the conviction under consideration by the court;
the court shall recommend the suspension of the person's driving
privileges for at least ninety (90) days but not more than two (2) years.
(c) If the court finds that the person has a previous conviction of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred more than five (5) years but less than ten (10)
years before the conviction under consideration by the court, the court
shall recommend the suspension of the person's driving privileges for
at least one hundred eighty (180) days but not more than two (2) years.
The court may stay the execution of that part of the suspension that
exceeds the minimum period of suspension and grant the person
probationary driving privileges for a period of time equal to the length
of the stay.
(d) If the court finds that the person has a previous conviction of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred less than five (5) years before the conviction under
consideration by the court, the court shall recommend the suspension
of the person's driving privileges for at least one (1) year but not more
than two (2) years. The court may stay the execution of that part of the
suspension that exceeds the minimum period of suspension and grant
the person probationary driving privileges for a period of time equal to
the length of the stay. If the court grants probationary driving privileges
under this subsection, the court shall order that the probationary driving
privileges include the requirement that the person may not operate a
motor vehicle unless the motor vehicle is equipped with a functioning
certified ignition interlock device under IC 9-30-8. However, the court
may grant probationary driving privileges under this subsection without
requiring the installation of an ignition interlock device 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. 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.
(e) If the conviction under consideration by the court is for an
offense under:
(1) section 4 of this chapter;
(2) section 5 of this chapter;
(3) IC 14-15-8-8(b); or
(4) IC 14-15-8-8(c);
the court shall recommend the suspension of the person's driving
privileges for at least two (2) years but not more than five (5) years.
(f) If the conviction under consideration by the court is for an
offense involving the use of a controlled substance listed in schedule
I, II, III, IV, or V of IC 35-48-2, in which a vehicle was used in the
offense, the court shall recommend the suspension or revocation of the
person's driving privileges for at least six (6) months.
SOURCE: IC 34-30-12-1; (08)CC105204.1.11. -->
SECTION 11. IC 34-30-12-1, AS AMENDED BY P.L.74-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 1. (a) This section does not apply to services
rendered by a health care provider (as defined in IC 34-18-2-14 or
IC 27-12-2-14 before its repeal) to a patient in a health care facility (as
defined in IC 27-8-10-1).
(b) Except as provided in subsection (c), a person who comes upon
the scene of an emergency or accident, complies with IC 9-26-1-1.5,
or is summoned to the scene of an emergency or accident and, in good
faith, gratuitously renders emergency care at the scene of the
emergency or accident is immune from civil liability for any personal
injury that results from:
(1) any act or omission by the person in rendering the emergency
care; or
(2) any act or failure to act to provide or arrange for further
medical treatment or care for the injured person;
except for acts or omissions amounting to gross negligence or willful
or wanton misconduct.
(c) This subsection applies to a person to whom IC 16-31-6.5
applies. A person who gratuitously renders emergency care involving
the use of an automatic external defibrillator is immune from liability
for any act or omission not amounting to gross negligence or willful or
wanton misconduct if the person fulfills the requirements set forth in
IC 16-31-6.5.
(d) This subsection applies to an individual, business, or
organization to which IC 16-31-6.5 applies. An individual, business, or
organization that allows a person who is an expected user to use an
automatic external defibrillator of the individual, business, or
organization to in good faith gratuitously render emergency care is
immune from civil liability for any damages resulting from an act or
omission not amounting to gross negligence or willful or wanton
misconduct by the user or for acquiring or providing the automatic
external defibrillator to the user for the purpose of rendering the
emergency care if the individual, business, or organization and the user
fulfill the requirements set forth in IC 16-31-6.5.
(e) A licensed physician who gives medical direction in the use of
a defibrillator or a national or state approved defibrillator instructor of
a person who gratuitously renders emergency care involving the use of
an automatic external defibrillator is immune from civil liability for any
act or omission of the licensed physician or instructor if the act or
omission of the licensed physician or instructor:
(1) involves the training for or use of an automatic external
defibrillator; and
(2) does not amount to gross negligence or willful or wanton
misconduct.
SOURCE: IC 35-50-1-2; (08)CC105204.1.12. -->
SECTION 12. IC 35-50-1-2, AS AMENDED BY P.L.1-2006,
SECTION 549, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 2. (a) As used in this section,
"crime of violence" means the following:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Kidnapping (IC 35-42-3-2).
(8) Rape (IC 35-42-4-1).
(9) Criminal deviate conduct (IC 35-42-4-2).
(10) Child molesting (IC 35-42-4-3).
(11) Sexual misconduct with a minor as a Class A felony under
IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2).
(12) Robbery as a Class A felony or a Class B felony (IC
35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony (IC
35-43-2-1). or
(14) Operating a motor vehicle while intoxicated causing death
when operating a motor vehicle (IC 9-30-5-5).
(15) Operating a motor vehicle while intoxicated causing
serious bodily injury to another person (IC 9-30-5-4).
(16) Resisting law enforcement as a felony (IC 35-44-3-3).
(b) As used in this section, "episode of criminal conduct" means
offenses or a connected series of offenses that are closely related in
time, place, and circumstance.
(c) Except as provided in subsection (d) or (e), the court shall
determine whether terms of imprisonment shall be served concurrently
or consecutively. The court may consider the:
(1) aggravating circumstances in IC 35-38-1-7.1(a); and
(2) mitigating circumstances in IC 35-38-1-7.1(b);
in making a determination under this subsection. The court may order
terms of imprisonment to be served consecutively even if the sentences
are not imposed at the same time. However, except for crimes of
violence, the total of the consecutive terms of imprisonment, exclusive
of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10, to
which the defendant is sentenced for felony convictions arising out of
an episode of criminal conduct shall not exceed the advisory sentence
for a felony which is one (1) class of felony higher than the most
serious of the felonies for which the person has been convicted.
(d) If, after being arrested for one (1) crime, a person commits
another crime:
(1) before the date the person is discharged from probation,
parole, or a term of imprisonment imposed for the first crime; or
(2) while the person is released:
(A) upon the person's own recognizance; or
(B) on bond;
the terms of imprisonment for the crimes shall be served consecutively,
regardless of the order in which the crimes are tried and sentences are
imposed.
(e) If the factfinder determines under IC 35-50-2-11 that a person
used a firearm in the commission of the offense for which the person
was convicted, the term of imprisonment for the underlying offense and
the additional term of imprisonment imposed under IC 35-50-2-11
must be served consecutively.
SOURCE: ; (08)CC105204.1.13. -->
SECTION 13. [EFFECTIVE JULY 1, 2008] IC 9-26-1-1,
IC 9-26-1-2, IC 9-26-1-6, IC 9-26-1-8, IC 9-26-1-9, IC 9-30-5-3,
IC 9-30-5-10, and IC 35-50-1-2, all as amended by this act, apply
only to crimes committed after June 30, 2008.
SOURCE: ; (08)CC105204.1.14. -->
SECTION 14. [EFFECTIVE JULY 1, 2008]
IC 9-26-1-1.5, as
added by this act, applies only to crimes committed after June 30,
2008.
(Reference is to EHB 1052 as reprinted February 27, 2008.)
Conference Committee Report
on
Engrossed House
Bill 1052
Text Box
S
igned by:
____________________________ ____________________________
Representative Hoy Senator Riegsecker
Chairperson
____________________________ ____________________________
Representative Neese Senator Lanane
House Conferees Senate Conferees