Introduced Version
HOUSE BILL No. 1320
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-30-5-16; IC 35-38-2-3; IC 35-41-1-10.5;
IC 35-48-4-13.
Synopsis: Drug and alcohol control. Specifies that a court may require
a person with a probationary license to install an ignition interlock
device in addition to another condition of the probationary license or
without imposing any other condition of the probationary license.
Authorizes a court to issue an arrest warrant for a probationer who has
failed a chemical test. Defines "family housing complex" to include
subsidized housing, and specifies that a person who visits a location
that is used one or more times to unlawfully use a controlled substance
commits visiting a common nuisance, a Class B misdemeanor.
Effective: July 1, 2006.
Woodruff
January 10, 2006, read first time and referred to Committee on Courts and Criminal Code.
Introduced
Second Regular Session 114th General Assembly (2006)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1320
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 9-30-5-16; (06)IN1320.1.1. -->
SECTION 1. IC 9-30-5-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 16. (a) Except as
provided in subsections (b) and (c), the court may, in granting
probationary driving privileges under this chapter, also order that the
probationary driving privileges include the requirement that a person
may not operate a motor vehicle unless the vehicle is equipped with a
functioning certified ignition interlock device under IC 9-30-8.
A court
may prohibit a person from operating a motor vehicle unless the
vehicle is equipped with a functioning certified ignition interlock
device under IC 9-30-8:
(1) in addition to any other condition of receiving a
probationary license; or
(2) without imposing any other condition of receiving a
probationary license.
(b) An order granting probationary driving privileges:
(1) under:
(A) section 12(a) of this chapter, if the person has a previous
conviction that occurred at least ten (10) years before the
conviction under consideration by the court; or
(B) section 12(c) of this chapter; or
(2) to a person who has a prior unrelated conviction for an offense
under this chapter of which the consumption of alcohol is an
element;
must prohibit the person from operating a motor vehicle unless the
vehicle is equipped with a functioning certified ignition interlock
device under IC 9-30-8. However, a court is not required to order the
installation of an ignition interlock device for a person described in
subdivision (1) or (2) if the person is successfully participating in a
court supervised alcohol treatment program in which the person is
taking disulfiram or a similar substance that the court determines is
effective in treating alcohol abuse.
(c) A court may not order the installation of an ignition interlock
device on a vehicle operated by an employee to whom any of the
following apply:
(1) Has been convicted of violating section 1 or 2 of this chapter.
(2) Is employed as the operator of a vehicle owned, leased, or
provided by the employee's employer.
(3) Is subject to a labor agreement that prohibits an employee who
is convicted of an alcohol related offense from operating the
employer's vehicle.
SOURCE: IC 35-38-2-3; (06)IN1320.1.2. -->
SECTION 2. IC 35-38-2-3, AS AMENDED BY P.L.13-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 3. (a) The court may revoke a person's probation
if:
(1) the person has violated a condition of probation during the
probationary period; and
(2) the petition to revoke probation is filed during the
probationary period or before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(b) When a petition is filed charging a violation of a condition of
probation, the court may:
(1) order a summons to be issued to the person to appear; or
(2) order a warrant for the person's arrest if:
(A) there is a risk of the person's fleeing the jurisdiction;
or
(B) there is a risk of the person causing harm to others;
or
(C) the person has failed a chemical test (as defined in
IC 9-13-2-22).
(c) The issuance of a summons or warrant tolls the period of
probation until the final determination of the charge.
(d) The court shall conduct a hearing concerning the alleged
violation. The court may admit the person to bail pending the hearing.
(e) The state must prove the violation by a preponderance of the
evidence. The evidence shall be presented in open court. The person is
entitled to confrontation, cross-examination, and representation by
counsel.
(f) Probation may not be revoked for failure to comply with
conditions of a sentence that imposes financial obligations on the
person unless the person recklessly, knowingly, or intentionally fails to
pay.
(g) If the court finds that the person has violated a condition at any
time before termination of the period, and the petition to revoke is filed
within the probationary period, the court may:
(1) continue the person on probation, with or without modifying
or enlarging the conditions;
(2) extend the person's probationary period for not more than one
(1) year beyond the original probationary period; or
(3) order execution of all or part of the sentence that was
suspended at the time of initial sentencing.
(h) If the court finds that the person has violated a condition of
home detention at any time before termination of the period, and the
petition to revoke probation is filed within the probationary period, the
court shall:
(1) order a sanction as set forth in subsection (g); and
(2) provide credit for time served as set forth under
IC 35-38-2.5-5.
(i) If the court finds that the person has violated a condition during
any time before the termination of the period, and the petition is filed
under subsection (a) after the probationary period has expired, the court
may:
(1) reinstate the person's probationary period, with or without
enlarging the conditions, if the sum of the length of the original
probationary period and the reinstated probationary period does
not exceed the length of the maximum sentence allowable for the
offense that is the basis of the probation; or
(2) order execution of all or part of the sentence that was
suspended at the time of the initial sentencing.
(j) If the court finds that the person has violated a condition of home
detention during any time before termination of the period, and the
petition is filed under subsection (a) after the probation period has
expired, the court shall:
(1) order a sanction as set forth in subsection (i); and
(2) provide credit for time served as set forth under
IC 35-38-2.5-5.
(k) A judgment revoking probation is a final appealable order.
(l) Failure to pay fines or costs required as a condition of probation
may not be the sole basis for commitment to the department of
correction.
(m) Failure to pay fees or costs assessed against a person under
IC 33-40-3-6, IC 33-37-2-3(c), or IC 35-33-7-6 is not grounds for
revocation of probation.
SOURCE: IC 35-41-1-10.5; (06)IN1320.1.3. -->
SECTION 3. IC 35-41-1-10.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 10.5. "Family housing
complex" means a building or series of buildings:
(1) that is:
(A) owned by a governmental unit or political subdivision; or
(B) subsidized housing (including housing that is subsidized
under Section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f));
(2) that contains at least twelve (12) dwelling units; and
(3) where children are domiciled or are likely to be domiciled.
SOURCE: IC 35-48-4-13; (06)IN1320.1.4. -->
SECTION 4. IC 35-48-4-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. (a) A person who
knowingly or intentionally visits a building, structure, vehicle, or other
place that is used one (1) or more times by any person to unlawfully
use a controlled substance commits visiting a common nuisance, a
Class B misdemeanor.
(b) A person who knowingly or intentionally maintains a building,
structure, vehicle, or other place that is used one (1) or more times:
(1) by persons to unlawfully use controlled substances; or
(2) for unlawfully:
(A) manufacturing;
(B) keeping;
(C) offering for sale;
(D) selling;
(E) delivering; or
(F) financing the delivery of;
controlled substances, or items of drug paraphernalia as described
in IC 35-48-4-8.5;
commits maintaining a common nuisance, a Class D felony.
SOURCE: ; (06)IN1320.1.5. -->
SECTION 5. [EFFECTIVE JULY 1, 2006]
IC 35-38-2-3,
IC 35-41-1-10.5, and IC 35-48-4-13, all as amended by this act,
apply only to crimes committed after June 30, 2006.