SENATE BILL No. 274
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-30.
Synopsis: Ignition interlock devices. Requires a court to prohibit a
person convicted of operating while intoxicated from operating a motor
vehicle for at least 90 days if the vehicle is not equipped with an
ignition interlock device. Makes conforming amendments. Repeals
Effective: July 1, 2009.
January 7, 2009, read first time and referred to Committee on Corrections, Criminal, and
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type
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will appear in that style type in the introductory clause of each SECTION that adds
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Conflict reconciliation: Text in a statute in this style type
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between statutes enacted by the 2008 Regular Session of the General Assembly.
SENATE BILL No. 274
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-30-5-7; (09)IN0274.1.1. -->
SECTION 1. IC 9-30-5-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 7.
(a) A person who violates a court
order issued under section 16 of this chapter commits a Class A
Except as provided in subsection
a person who
knowingly assists another person who is restricted to the use of an
ignition interlock device to violate a court order issued under this
chapter commits a Class A misdemeanor.
does not apply if:
the starting of a motor vehicle, or the request to start a motor
vehicle, equipped with an ignition interlock device
is done for
the purpose of safety or mechanical repair of the device or the
(2) the restricted person does not operate the vehicle.
A person who, except in an emergency, knowingly rents,
leases, or loans a motor vehicle that is not equipped with a functioning
ignition interlock device to a person who is restricted under a court
order to the use of a vehicle with an ignition interlock device commits
a Class A infraction.
(e) (d) A person who is subject to an ignition interlock device
restriction and drives another vehicle in an emergency situation must
notify the court of the emergency within twenty-four (24) hours.
SOURCE: IC 9-30-5-18; (09)IN0274.1.2. -->
SECTION 2. IC 9-30-5-18 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 18. (a) As used in this section, "impaired driving
offense" means an offense described in sections 1 through 5 of this
(b) In addition to any sentence imposed on a person for a felony
or a misdemeanor, a court shall prohibit a person convicted of an
impaired driving offense from operating a motor vehicle unless the
vehicle is equipped with a functioning certified ignition interlock
device under IC 9-30-8. The court shall prohibit a person convicted
of an impaired driving offense from operating a motor vehicle not
equipped with a functioning certified ignition interlock device for
at least ninety (90) days.
(c) The prohibition period described in subsection (b) may
begin, if applicable, before a period of incarceration or after a
period of incarceration as long as the suspension otherwise
complies with the periods established in this section. The
prohibition period may extend one (1) year beyond a sentence
imposed under IC 35-50-2 or IC 35-50-3. This subsection does not
prohibit a court from imposing a separate ignition interlock
requirement as a condition of pretrial release or in accordance
with IC 9-30-6-8. However, any period during which the person
operated a motor vehicle with an ignition interlock device installed
as a condition of pretrial release or under IC 9-30-6-8 does not
count against the prohibition period described in subsection (b).
(d) A person prohibited from operating a motor vehicle without
having an ignition interlock device installed shall pay the cost of
installation and monitoring unless the court determines that the
person is indigent.
SOURCE: IC 9-30-8-3; (09)IN0274.1.3. -->
SECTION 3. IC 9-30-8-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 3. The bureau shall adopt rules
under IC 4-22-2 to establish standards and specifications for an ignition
the installation of which the courts may mandate
under IC 9-30-5-16. The standards and specifications must require at
a minimum that the device meets the following requirements:
(1) Is accurate.
(2) Does not impede the safe operation of a vehicle.
(3) Provides a minimum opportunity to be bypassed.
(4) Shows evidence of tampering if tampering is attempted.
(5) Has a label affixed warning that a person tampering with or
misusing the device is subject to a civil penalty.
SOURCE: IC 9-30-8-5; (09)IN0274.1.4. -->
SECTION 4. IC 9-30-8-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 5. If a court orders a person
to operate only a vehicle that is equipped with an ignition
interlock device, the bureau shall include that condition when issuing
SECTION 5. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2009]: IC 9-30-5-16; IC 9-30-8-1.