Introduced Version






SENATE BILL No. 71

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-30-5-5; IC 35-42-1-5.

Synopsis: Unlawful termination of pregnancy. Provides that a person commits operating a motor vehicle while intoxicated causing death if the person causes the termination of another person's pregnancy, and specifies that a person who recklessly causes the termination of another person's pregnancy commits criminal recklessness.

Effective: July 1, 2010.





Paul




    January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

Second Regular Session 116th General Assembly (2010)


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.
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SENATE BILL No. 71



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

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

SOURCE: IC 9-30-5-5; (10)IN0071.1.1. -->     SECTION 1. IC 9-30-5-5, AS AMENDED BY P.L.2-2005, SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) A person who causes the death of another person or causes the termination of another person's pregnancy when operating a motor vehicle:
        (1) with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:
            (A) one hundred (100) milliliters of the person's blood; or
            (B) two hundred ten (210) liters of the person's breath;
        (2) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood; or
        (3) while intoxicated;
commits a Class C felony. However, the offense is a Class B felony if the person has a previous conviction of operating while intoxicated within the five (5) years preceding the commission of the offense, or if the person operated the motor vehicle when the person knew that the person's driver's license, driving privilege, or permit is suspended or

revoked for a previous conviction for operating a vehicle while intoxicated.
    (b) A person at least twenty-one (21) years of age who causes the death of another person when operating a motor vehicle:
        (1) with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
            (A) one hundred (100) milliliters of the person's blood; or
            (B) two hundred ten (210) liters of the person's breath; or
        (2) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood;
commits a Class B felony.
    (c) A person who violates subsection (a) or (b) commits a separate offense for each person whose death is caused, or the termination of whose pregnancy is caused, by the violation of subsection (a) or (b).
    (d) It is a defense under subsection (a)(2) or subsection (b)(2) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner's professional practice.

SOURCE: IC 35-42-1-5; (10)IN0071.1.2. -->     SECTION 2. IC 35-42-1-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. A person who recklessly:
         (1) kills another human being; or
        (2) terminates another person's pregnancy;

commits reckless homicide, a Class C felony. This section does not apply to an abortion performed in compliance with IC 16-34.
SOURCE: ; (10)IN0071.1.3. -->     SECTION 3. [EFFECTIVE JULY 1, 2010] IC 9-30-5-5 and IC 35-42-1-5, both as amended by this act, apply only to crimes committed after June 30, 2010.