HB 1084-2_ Filed 02/13/2001, 09:01
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that House Bill 1084 be amended to read as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 9-24-11-3; (01)MO108401.1. -->
SECTION 1.
IC 9-24-11-3
, AS AMENDED BY P.L.225-1999,
SECTION 3, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) A license issued to an
individual less than eighteen (18) years of age is a probationary
license.
(b) An individual holds a probationary license subject to the
following conditions:
(1) Except as provided in
IC 31-37-3-1,
IC 31-37-3
, the
individual may not operate a motor vehicle during the curfew
hours specified in
IC 31-37-3-2.
(2) During the ninety (90) days following the issuance of the
probationary license, the individual may not operate a motor
vehicle in which there are passengers unless another individual
who:
(A) is at least twenty-one (21) years of age; and
(B) holds a valid operator's license issued under this article;
is present in the front seat of the motor vehicle.
(3) The individual may operate a motor vehicle only if the
individual and each occupant of the motor vehicle has a safety
belt properly fastened about the occupant's body at all times
when the motor vehicle is in motion.
(c) An individual who holds a probationary license issued under
this section may receive an operator's license, a chauffeur's license, a
public passenger chauffeur's license, or a commercial driver's license
when the individual is at least eighteen (18) years of age.
(d) A probationary license issued under this section:
(1) is valid for not more than four (4) years from the date the
license is issued; and
(2) may not be renewed.
SOURCE: IC 31-37-3-3.5; (01)MO108401.2. -->
SECTION 2.
IC 31-37-3-3.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) It is a defense to a
violation under this chapter that the child was emancipated:
(1) under
IC 31-37-19-27
or
IC 31-6-4-15.7
(before its repeal);
(2) by virtue of having married; or
(3) in accordance with the laws of another state or
jurisdiction;
at the time that the child engaged in the prohibited conduct.
(b) It is a defense to a violation under this chapter that the child
engaged in the prohibited conduct while:
(1) accompanied by the child's parent, guardian, or
custodian;
(2) accompanied by an adult specified by the child's parent,
guardian, or custodian;
(3) participating in, going to, or returning from:
(A) lawful employment;
(B) a school sanctioned activity;
(C) a religious event;
(D) an emergency involving the protection of a person or
property from an imminent threat of serious bodily injury
or substantial damage;
(E) an activity involving the exercise of the child's rights
protected under the First Amendment to the United States
Constitution or Article 1, Section 31 of the Constitution of
the State of Indiana, or both, such as freedom of speech
and the right of assembly; or
(F) an activity conducted by a nonprofit or governmental
entity that provides recreation, education, training, or
other care under the supervision of one (1) or more adults;
or
(4) engaged in interstate or international travel from a
location outside Indiana to another location outside Indiana.
SOURCE: IC 31-37-5-3; (01)MO108401.3. -->
SECTION 3.
IC 31-37-5-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) If a child is
not taken into custody under an order of the court, the law
enforcement officer may release the child or may release the child to
the child's parent, guardian, or custodian upon the person's written
promise to bring the child before the juvenile court at a time specified.
However, Subject to subsection (c), the law enforcement officer may
place the child in detention if the law enforcement officer reasonably
believes that:
(1) the child is unlikely to appear before the juvenile court for
subsequent proceedings;
(2) the child has committed an act that would be murder or a
Class A or Class B felony if committed by an adult;
(3) detention is essential to protect the child or the community;
(4) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child; or
(5) the child has a reasonable basis for requesting that the child
not be released.
(b) If a child is detained for a reason specified in subsection (a)(4)
or (a)(5), the child shall be detained under
IC 31-37-7-1.
(c) Unless a law enforcement officer determines that detention
is essential to protect a child or the community, the law
enforcement officer who detains a child for a violation of the
curfew law under
IC 31-37-3
shall make a good faith effort to
release the child to the child's parent, guardian, or custodian
within a reasonable time after the child is detained.
SOURCE: IC 31-37-3-1; (01)MO108401.4. -->
SECTION 4.
IC 31-37-3-1
IS REPEALED [EFFECTIVE UPON
PASSAGE].
SOURCE: ; (01)MO108401.5. -->
SECTION 5.
An emergency is declared for this act.
(Reference is to HB 1084 as printed February 9, 2001.)
________________________________________
MO108401/DI 87 2001