February 12, 2003





SENATE BILL No. 84

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DIGEST OF SB 84 (Updated February 11, 2003 12:55 PM - DI 71)



Citations Affected: IC 9-30.

Synopsis: Open alcoholic beverage containers. Makes it a Class B infraction for the driver of a motor vehicle, while the motor vehicle is in operation or while the motor vehicle is located on the right-of-way of a public highway, to allow an alcoholic beverage container that has been opened, that has a broken seal, or from which some of the contents have been removed to be in the passenger compartment of the motor vehicle. Provides certain exceptions.

Effective: July 1, 2003.





Wyss




    January 7, 2003, read first time and referred to Committee on Transportation and Homeland Security.
    February 11, 2003, amended, reported favorably _ Do Pass.






February 12, 2003

First Regular Session 113th General Assembly (2003)


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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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SENATE BILL No. 84



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

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

    SECTION 1. IC 9-30-15-3, AS AMENDED BY P.L.1-2000, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) This section does not apply to the following:
        (1) The possession of a container by a person who is not the driver of a motor vehicle:
            (A) in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or
            (B) in the living quarters of a house coach or house trailer.
        (2) A container located in a locked glove compartment.
        (3) A container located:
            (A) behind the last upright seat; or
            (B) in an area not normally occupied by a person;
        in a motor vehicle that is not equipped with a trunk.
    (b)
The operator driver of a motor vehicle who has an alcohol concentration equivalent to at least four-hundredths (0.04) gram of

alcohol per one hundred (100) milliliters of the blood, or per two hundred ten (210) liters of the breath, and who, while the motor vehicle is in operation knowingly or while the motor vehicle is located on the right-of-way of a public highway, allows a container:
        (1) that has been opened;
        (2) that has a broken seal; or
        (3) from which some of the contents have been removed;
to be in the passenger compartment of the motor vehicle commits a Class B infraction.
     (c) If a person is found to have a previous unrelated judgment under this section or a previous unrelated conviction or judgment under IC 9-30-5 within twelve (12) months before a violation that results in a judgment under this chapter, the court may recommend the person's driving privileges be suspended for not more than one (1) year.