Introduced Version






HOUSE BILL No. 1275

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-21; IC 9-30-13-1.

Synopsis: Motor vehicle operation penalties. Increases penalties for a person who violates certain laws concerning motor vehicle operation if the violation results in: (1) an injury to another person; (2) a serious bodily injury to another person; or (3) the death of another person.

Effective: July 1, 2009.





Pelath




    January 13, 2009, read first time and referred to Committee on Courts and Criminal Code.







Introduced

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, and deletions will appear in this style type.
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. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2008 Regular Session of the General Assembly.

HOUSE BILL No. 1275



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-21-8-49; (09)IN1275.1.1. -->     SECTION 1. IC 9-21-8-49, AS AMENDED BY P.L.40-2007, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 49. (a) Except as provided in subsection (b) and sections 50, 51, 52, 54, 55, and 56 of this chapter, a person who violates this chapter commits a Class C infraction.
    (b) However, except as provided in sections 50, 51, 52, 54, 55, and 56 of this chapter, a person who violates this chapter commits a Class B infraction if the violation results in the death of another person.

     (c) Except as provided in sections 50, 51, 52, 54, 55, and 56 of this chapter, in addition to any other penalty imposed, if a violation of this chapter results in:
        (1) injury to another person, the court shall recommend that the person's driving privileges be suspended for thirty (30) days;
        (2) serious bodily injury to another person, the court shall recommend that the person's driving privileges be suspended

for ninety (90) days; or
        (3) the death of another person, the court shall recommend that the person's driving privileges be suspended for one hundred eighty (180) days.

SOURCE: IC 9-21-8-50; (09)IN1275.1.2. -->     SECTION 2. IC 9-21-8-50 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 50. (a) A person who operates a tractor-trailer combination in a reckless or deliberate attempt to:
        (1) endanger the safety or property of others; or
        (2) block the proper flow of traffic;
commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if it results in the death of another person.
    (b) In addition to any other penalty imposed, if an offense under subsection (a) results in:
        (1) injury to another person, the court shall recommend that the person's driving privileges be suspended for one (1) year; or
        (2) the death of another person, the court shall recommend that the person's driving privileges be suspended for three (3) years.

SOURCE: IC 9-21-8-51; (09)IN1275.1.3. -->     SECTION 3. IC 9-21-8-51 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 51. (a) A person who:
        (1) operates a vehicle; and
        (2) fails to dim bright or blinding lights when meeting another vehicle or pedestrian;
commits a Class B infraction.
     (b) In addition to any other penalty imposed, if a violation of subsection (a) results in:
        (1) injury to another person, the court shall recommend that the person's driving privileges be suspended for thirty (30) days;
        (2) serious bodily injury to another person, the court shall recommend that the person's driving privileges be suspended for ninety (90) days; or
        (3) the death of another person, the court shall recommend that the person's driving privileges be suspended for one hundred eighty (180) days.

SOURCE: IC 9-21-8-52; (09)IN1275.1.4. -->     SECTION 4. IC 9-21-8-52, AS AMENDED BY P.L.1-2005, SECTION 103, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 52. (a) A person who operates a vehicle and who recklessly:
        (1) drives at such an unreasonably high rate of speed or at such an

unreasonably low rate of speed under the circumstances as to:
            (A) endanger the safety or the property of others; or
            (B) block the proper flow of traffic;
        (2) passes another vehicle from the rear while on a slope or on a curve where vision is obstructed for a distance of less than five hundred (500) feet ahead;
        (3) drives in and out of a line of traffic, except as otherwise permitted;
        (4) speeds up or refuses to give one-half (1/2) of the roadway to a driver overtaking and desiring to pass; or
        (5) passes a school bus stopped on a roadway when the arm signal device specified in IC 9-21-12-13 is in the device's extended position;
commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if it results in the death of another person.
    (b) In addition to any other penalty imposed, if an offense under subsection (a) results in:
         (1) damage to the property of another person, the court shall recommend that the suspension of the current driving license of the person person's driving privileges be suspended for a fixed period of:
            (1) (A) not less than thirty (30) days; and
            (2) (B) not more than one (1) year;
         (2) injury to another person, the court shall recommend that the person's driving privileges be suspended for one (1) year; or
        (3) the death of another person, the court shall recommend that the person's driving privileges be suspended for three (3) years.

SOURCE: IC 9-21-8-54; (09)IN1275.1.5. -->     SECTION 5. IC 9-21-8-54 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 54. (a) A person who violates section 35(b) or section 35(c) of this chapter commits a Class A infraction.
    (b) If a violation of section 35(b) of this chapter results in damage to the property of another person, in addition to any other penalty imposed, the court shall recommend that the person's driving privileges be suspended for a fixed period of not less than ninety (90) days and not more than one (1) year.
    (c) If a violation of section 35(c) of this chapter results in damage to the property of another person of at least two hundred fifty dollars ($250), in addition to any other penalty imposed, the court shall recommend that the person's driving privileges be suspended for a

fixed period of not less than ninety (90) days and not more than one (1) year.
    (d) If a violation of section 35(b) or section 35(c) of this chapter results in injury to another person, in addition to any other penalty imposed, the court shall recommend that the person's driving privileges be suspended for a fixed period of not less than one hundred eighty (180) days (1) year and not more than two (2) years.
    (e) If a violation of section 35(b) or section 35(c) of this chapter results in the death of another person, in addition to any other penalty imposed, the court shall recommend that the person's driving privileges be suspended for two (2) three (3) years.
    (f) The bureau shall, upon receiving a record of a judgment entered against a person under this section:
        (1) suspend the person's driving privileges for a mandatory period; or
        (2) extend the period of an existing suspension for a fixed period;
of not less than ninety (90) days and not more than two (2) three (3) years. The bureau shall fix this period in accordance with the recommendation of the court that entered the judgment.

SOURCE: IC 9-21-8-55; (09)IN1275.1.6. -->     SECTION 6. IC 9-21-8-55, AS AMENDED BY P.L.40-2007, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 55. (a) This section does not apply to a law enforcement official engaged in the law enforcement official's official duties.
    (b) 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.
    (c) A person who, with the intent to harass or intimidate a person in another vehicle, knowingly or intentionally engages in aggressive

driving commits aggressive driving, a Class A misdemeanor, except as provided in IC 9-21-8-56(d), (f), (g), and (h). IC 9-21-8-56(f), IC 9-21-8-56(g), and IC 9-21-8-56(h).
     (d) In addition to any other penalty imposed, if an offense under this section results in:
        (1) injury to another person, the court shall recommend that the person's driving privileges be suspended for one (1) year; or
        (2) the death of another person, the court shall recommend that the person's driving privileges be suspended for three (3) years.

SOURCE: IC 9-21-8-56; (09)IN1275.1.7. -->     SECTION 7. IC 9-21-8-56, AS ADDED BY P.L.40-2007, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 56. (a) For purposes of this section, "highway work zone" has the meaning set forth in IC 8-23-2-15.
    (b) Except as provided in subsections (f) through (h), a person who recklessly operates a vehicle in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
    (c) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly operates a motor vehicle in the immediate vicinity of a highway work zone when workers are present with the intent to:
        (1) damage traffic control devices; or
        (2) inflict bodily injury on a worker;
commits a Class A misdemeanor.
    (d) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly engages in:
        (1) aggressive driving, as defined in section 55 of this chapter; or
        (2) a speed contest, as prohibited under IC 9-21-6-1;
in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
    (e) Except as provided in subsections (f) through (h), a person who recklessly fails to obey a traffic control device or flagman, as prohibited under section 41 of this chapter, in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
    (f) An offense under subsection (b), (c), (d), or (e) is a Class D felony if the person who commits the offense:
        (1) has a prior unrelated conviction under this section in the previous five (5) years; or
        (2) is operating the vehicle in violation of IC 9-30-5-1 or IC 9-30-5-2.
    (g) An offense under subsection (b), (c), (d), or (e) is a Class D felony if the offense results in bodily injury to a worker in the worksite.
    (h) An offense under subsection (b), (c), (d), or (e) is a Class C felony if the offense results in the death of a worker in the worksite.
     (i) In addition to any other penalty imposed, if an offense under this section results in:
        (1) injury to another person, the court shall recommend that the person's driving privileges be suspended for one (1) year; or
        (2) the death of another person, the court shall recommend that the person's driving privileges be suspended for three (3) years.

SOURCE: IC 9-21-10-6; (09)IN1275.1.8. -->     SECTION 8. IC 9-21-10-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) A motorcycle is entitled to the full use of a traffic lane, and a vehicle may not be driven or operated in a manner that deprives another vehicle of the full use of a traffic lane. Motorcycles may, with the consent of both persons who operate the motorcycles, be operated with not more than two (2) abreast in a single traffic lane. A person who violates this section commits a Class C infraction. However, a violation of this section is a Class B infraction if the violation results in the death of another person.
    (b) In addition to any other penalty imposed, if a violation of subsection (a) results in:
        (1) injury to another person, the court shall recommend that the person's driving privileges be suspended for thirty (30) days;
        (2) serious bodily injury to another person, the court shall recommend that the person's driving privileges be suspended for ninety (90) days; or
        (3) the death of another person, the court shall recommend that the person's driving privileges be suspended for one hundred eighty (180) days.

SOURCE: IC 9-21-10-13; (09)IN1275.1.9. -->     SECTION 9. IC 9-21-10-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 13. Except as provided in section 6 of this chapter, a person who violates this chapter commits a Class C infraction.
SOURCE: IC 9-30-13-1; (09)IN1275.1.10. -->     SECTION 10. IC 9-30-13-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. Except as provided in IC 9-21-8-55(d), for a person who uses a motor vehicle to commit recklessness under IC 35-42-2-2, the judge of the court in which the person is convicted shall recommend that the current driver's license of the person be suspended for not less than sixty (60) days and not more

than two (2) years.

SOURCE: ; (09)IN1275.1.11. -->     SECTION 11. [EFFECTIVE JULY 1, 2009] IC 9-21-8-50 and IC 9-21-8-52, both as amended by this act, apply only to offenses committed after June 30, 2009.