SB 221-1_ Filed 02/24/2010, 07:20 Vanhaaften


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 221 be amended to read as follows:

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.
SOURCE: IC 9-30-10-18; (10)MO022101.10. -->     SECTION 10. IC 9-30-10-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 18. In a criminal action brought under section 16, or 17, or 17.5 of this chapter, it is a defense that the operation of a motor vehicle or motorized bicycle was necessary to save life or limb in an extreme emergency. The defendant must bear the burden of proof by a preponderance of the evidence to establish this defense.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 221 as printed February 22, 2010.)

________________________________________

Representative Van Haaften


MO022101/DI 107     2010