CONFERENCE COMMITTEE REPORT

DIGEST FOR ESB 172



Citations Affected: IC 9-30-10-5.

Synopsis: Operating a vehicle while intoxicated. Provides that a person who causes the death of another person while operating a motor vehicle: (1) while intoxicated; or (2) with a prohibited alcohol concentration; commits a Class B felony. Requires a court to recommend lifetime suspension of driving privileges for a person who has two convictions of operating a motor vehicle while intoxicated and causing death. (This conference committee report requires a court to recommend lifetime suspension of driving privileges for a person who has two convictions of operating a motor vehicle while intoxicated and causing death.)

Effective: July 1, 2003.



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Adopted Rejected


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CONFERENCE COMMITTEE REPORT

MR. SPEAKER:
    Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed House Amendments to Engrossed Senate Bill No. 172 respectfully reports that said two committees have conferred and agreed as follows to wit:

    that the Senate recede from its dissent from all House amendments and that the Senate now concur in all House amendments to the bill and that the bill be further amended as follows:

SOURCE: Page 2, line 10; (03)CC017201.2. -->     Page 2, between lines 10 and 11, begin a new paragraph and insert:
SOURCE: IC 9-30-10-5; (03)CC017201.2. -->     "SECTION 2. IC 9-30-10-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. (a) If it appears from the records maintained in the bureau that a person's driving record makes the person a habitual violator under section 4 of this chapter, the bureau shall mail a notice to the person's last known address that informs the person that the person's driving privileges will be suspended in thirty (30) days because the person is a habitual violator according to the records of the bureau.
    (b) Thirty (30) days after the bureau has mailed a notice under this section, the bureau shall suspend the person's driving privileges for:
        (1) except as provided in subdivision (2), ten (10) years if the person is a habitual violator under section 4(a) of this chapter;
        (2) life if the person is a habitual violator under section 4(a) of this chapter and has two (2) or more violations under section 4(a)(4) through 4(a)(7) of this chapter;
        (3)
ten (10) years if the person is a habitual violator under section 4(b) of this chapter; or
        (3) (4) five (5) years if the person is a habitual violator under section 4(c) of this chapter.
    (c) The notice must inform the person that the person may be entitled

to relief under section 6 of this chapter or may seek judicial review of the person's suspension under this chapter.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 172 as reprinted April 11, 2003.)




Conference Committee Report

on

Engrossed Senate Bill 172



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igned by:

    ____________________________    ____________________________
    Senator Young R MichaelRepresentative Oxley
    Chairperson

    ____________________________    ____________________________
    Senator HowardRepresentative Bosma

    Senate Conferees    House Conferees


CC017201/DI 105
2003