SOURCE: Page 4, line 8; (10)MO022101.4. -->
Page 4, between lines 8 and 9, begin a new paragraph and insert:
SOURCE: IC 9-30-10-4; (10)MO022101.5. -->
"SECTION 5. IC 9-30-10-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) A person who has
accumulated at least two (2) judgments within a ten (10) year period
for any of the following violations, singularly or in combination, not
arising out of the same incident, and with at least one (1) violation
occurring after March 31, 1984, is a habitual violator:
(1) Reckless homicide resulting from the operation of a motor
vehicle.
(2) Voluntary or involuntary manslaughter resulting from the
operation of a motor vehicle.
(3) Failure of the driver of a motor vehicle involved in an accident
resulting in death or injury to any person to stop at the scene of
the accident and give the required information and assistance.
(4) Operation of a vehicle while intoxicated resulting in death.
(5) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood resulting in
death.
(6) After June 30, 1997, and before July 1, 2001, operation of a
vehicle with an alcohol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(7) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram
of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(b) A person who has accumulated at least three (3) judgments
within a ten (10) year period for any of the following violations,
singularly or in combination, not arising out of the same incident, and
with at least one (1) violation occurring after March 31, 1984, is a
habitual violator:
(1) Operation of a vehicle while intoxicated.
(2) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood.
(3) After June 30, 1997, and before July 1, 2001, operation of a
vehicle with an alcohol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(4) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram
of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(5) Operating a motor vehicle while the person's license to do so
has been suspended or revoked as a result of the person's
conviction of an offense under IC 9-1-4-52 (repealed July 1,
1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-3, or
IC 9-24-19-5.
(6) Operating a motor vehicle without ever having obtained a
license to do so.
(7) Reckless driving.
(8) Criminal recklessness involving the operation of a motor
vehicle.
(9) Drag racing or engaging in a speed contest in violation of law.
(10) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46
(repealed July 1, 1991), IC 9-26-1-1(1), IC 9-26-1-1(2),
IC 9-26-1-1(4), IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, or
IC 9-26-1-4.
(11) Any felony under an Indiana motor vehicle statute or any
felony in the commission of which a motor vehicle is used.
A judgment for a violation enumerated in subsection (a) shall be added
to the violations described in this subsection for the purposes of this
subsection.
(c) A person who has accumulated at least ten (10) judgments
within a ten (10) year period for any traffic violation, except a parking
or an equipment violation, of the type required to be reported to the
bureau, singularly or in combination, not arising out of the same
incident, and with at least one (1) violation occurring after March 31,
1984, is a habitual violator. However, at least one (1) of the judgments
must be for a violation enumerated in subsection (a) or (b). A judgment
for a violation enumerated in subsection (a) or (b) shall be added to the
judgments described in this subsection for the purposes of this
subsection.
(d) For purposes of this section, a judgment includes a judgment
in any other jurisdiction in which the elements of the offense for
which the conviction was entered are substantially similar to the
elements of the offenses described in subsections (a) and (b).".
SOURCE: Page 6, line 2; (10)MO022101.6. -->
Page 6, line 2, delete "at least two (2) of the offenses for which the"
and insert "
the person was determined to be a habitual violator
under IC 9-30-10-4(a)(4) through IC 9-30-10-4(a)(7) or
IC 9-30-10-4(b)(1) through IC 9-30-10-4(b)(4), and at least one (1)
of the offenses occurred within five (5) years prior to the granting
of the probationary or restricted license:".
Page 6, delete lines 3 through 7.
Page 6, line 23, delete "under the influence of any other
intoxicating" and insert "
intoxicated (as defined under
IC 9-13-2-86).".
Page 6, line 24, delete "substance.", begin a new line double block
indented and insert:
"
(C)".
Page 7, line 33, delete "under the influence of any other
intoxicating" and insert "
intoxicated (as defined under
IC 9-13-2-86)".
Page 7, line 34, delete "substance".
Page 8, line 25, delete "under the influence of any other
intoxicating" and insert "
intoxicated (as defined under
IC 9-13-2-86)".
Page 8, line 26, delete "substance".
Page 10, line 5, delete "at least two (2) of the offenses for" and
insert "
the person was determined to be a habitual violator under
IC 9-30-10-4(a)(4) through IC 9-30-10-4(a)(7) or IC 9-30-10-4(b)(1)
through IC 9-30-10-4(b)(4), and at least one (1) of the offenses
occurred within five (5) years prior to the granting of the
probationary or restricted license:".
Page 10, delete lines 6 through 10.
Page 10, line 18, delete "under the influence of any other
intoxicating" and insert "
intoxicated (as defined under
IC 9-13-2-86).".
Page 10, delete line 19.
Page 10, line 27, delete "under the influence of any other
intoxicating" and insert "
intoxicated (as defined under
IC 9-13-2-86).".
Page 10, line 28, delete "substance.", begin a new line double block
indented and insert:
" (D)".
Page 11, after line 10, begin a new paragraph and insert:
SOURCE: IC 9-30-10-17.5; (10)MO022101.9. -->
"SECTION 9. IC 9-30-10-17.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 17.5. A person who operates a
vehicle or motorized bicycle in violation of conditions of a
restricted license ordered by a court under IC 9-30-10-9(d)(9) or
IC 9-30-10-15(d)(2) commits a Class A misdemeanor.