Bill Text: IN HB1087 | 2011 | Regular Session | Introduced
Bill Title: Motor vehicle operation penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Roads and Transportation [HB1087 Detail]
Download: Indiana-2011-HB1087-Introduced.html
Citations Affected: IC 9-21; IC 9-30-13-1.
Synopsis: Motor vehicle operation penalties. Increases penalties for
a person who violates certain laws concerning motor vehicle operation
if the violation results in: (1) an injury to another person; (2) a serious
bodily injury to another person; or (3) the death of another person.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Roads and Transportation.
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A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
(b) However, except as provided in sections 50, 51, 52, 54, 55, 56, and 58 of this chapter, a person who violates this chapter commits a Class B infraction if the violation results in the death of another person.
(c) Except as provided in sections 50, 51, 52, 54, 55, 56, and 58 of this chapter, in addition to any other penalty imposed, if a violation of this chapter results in:
(1) injury to another person, the court shall recommend that the person's driving privileges be suspended for thirty (30) days;
(2) serious bodily injury to another person, the court shall recommend that the person's driving privileges be suspended
for ninety (90) days; or
(3) the death of another person, the court shall recommend
that the person's driving privileges be suspended for one
hundred eighty (180) days.
(1) endanger the safety or property of others; or
(2) block the proper flow of traffic;
commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if it results in the death of another person.
(b) In addition to any other penalty imposed, if an offense under subsection (a) results in:
(1) injury to another person, the court shall recommend that the person's driving privileges be suspended for one (1) year; or
(2) the death of another person, the court shall recommend that the person's driving privileges be suspended for three (3) years.
(1) operates a vehicle; and
(2) fails to dim bright or blinding lights when meeting another vehicle or pedestrian;
commits a Class B infraction.
(b) In addition to any other penalty imposed, if a violation of subsection (a) results in:
(1) injury to another person, the court shall recommend that the person's driving privileges be suspended for thirty (30) days;
(2) serious bodily injury to another person, the court shall recommend that the person's driving privileges be suspended for ninety (90) days; or
(3) the death of another person, the court shall recommend that the person's driving privileges be suspended for one hundred eighty (180) days.
(1) drives at such an unreasonably high rate of speed or at such an
unreasonably low rate of speed under the circumstances as to:
(A) endanger the safety or the property of others; or
(B) block the proper flow of traffic;
(2) passes another vehicle from the rear while on a slope or on a
curve where vision is obstructed for a distance of less than five
hundred (500) feet ahead;
(3) drives in and out of a line of traffic, except as otherwise
permitted; or
(4) speeds up or refuses to give one-half (1/2) of the roadway to
a driver overtaking and desiring to pass;
commits a Class B misdemeanor. However, the offense is a Class A
misdemeanor if it results in the death of another person.
(b) A person who operates a vehicle and who recklessly passes a
school bus stopped on a roadway when the arm signal device specified
in IC 9-21-12-13 is in the device's extended position commits a Class
B misdemeanor. However, the offense is a Class A misdemeanor if it
causes bodily injury to a person.
(c) In addition to any other penalty imposed, if an offense under
subsection (a) or (b) results in:
(1) damage to the property of another person or bodily injury to
another person, the court shall recommend that the suspension of
the current driving license of the person person's driving
privileges be suspended for a fixed period of:
(1) (A) not less than thirty (30) days; and
(2) (B) not more than one (1) year;
(2) injury to another person, the court shall recommend that
the person's driving privileges be suspended for one (1) year;
or
(3) the death of another person, the court shall recommend
that the person's driving privileges be suspended for three (3)
years.
(b) If a violation of section 35(b) of this chapter results in damage to the property of another person, in addition to any other penalty imposed, the court shall recommend that the person's driving privileges be suspended for a fixed period of not less than ninety (90) days and not more than one (1) year.
(c) If a violation of section 35(c) of this chapter results in damage to the property of another person of at least two hundred fifty dollars
($250), in addition to any other penalty imposed, the court shall
recommend that the person's driving privileges be suspended for a
fixed period of not less than ninety (90) days and not more than one (1)
year.
(d) If a violation of section 35(b) or section 35(c) of this chapter
results in injury to another person, in addition to any other penalty
imposed, the court shall recommend that the person's driving privileges
be suspended for a fixed period of not less than one hundred eighty
(180) days (1) year and not more than two (2) years.
(e) If a violation of section 35(b) or section 35(c) of this chapter
results in the death of another person, in addition to any other penalty
imposed, the court shall recommend that the person's driving privileges
be suspended for two (2) three (3) years.
(f) The bureau shall, upon receiving a record of a judgment entered
against a person under this section:
(1) suspend the person's driving privileges for a mandatory
period; or
(2) extend the period of an existing suspension for a fixed period;
of not less than ninety (90) days and not more than two (2) three (3)
years. The bureau shall fix this period in accordance with the
recommendation of the court that entered the judgment.
(b) For purposes of this section, a person engages in aggressive driving if, during one (1) episode of continuous driving of a vehicle, the person does or commits at least three (3) of the following:
(1) Following a vehicle too closely in violation of IC 9-21-8-14.
(2) Unsafe operation of a vehicle in violation of IC 9-21-8-24.
(3) Overtaking another vehicle on the right by driving off the roadway in violation of IC 9-21-8-6.
(4) Unsafe stopping or slowing a vehicle in violation of IC 9-21-8-26.
(5) Unnecessary sounding of the horn in violation of IC 9-19-5-2.
(6) Failure to yield in violation of IC 9-21-8-29 through IC 9-21-8-34.
(7) Failure to obey a traffic control device in violation of IC 9-21-8-41.
(8) Driving at an unsafe speed in violation of IC 9-21-5.
(9) Repeatedly flashing the vehicle's headlights.
(c) A person who, with the intent to harass or intimidate a person in another vehicle, knowingly or intentionally engages in aggressive driving commits aggressive driving, a Class A misdemeanor, except as provided in IC 9-21-8-56(d),
(d) In addition to any other penalty imposed, if an offense under this section results in:
(1) injury to another person, the court shall recommend that the person's driving privileges be suspended for one (1) year; or
(2) the death of another person, the court shall recommend that the person's driving privileges be suspended for three (3) years.
(b) Except as provided in subsections (f) through (h), a person who recklessly operates a vehicle in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
(c) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly operates a motor vehicle in the immediate vicinity of a highway work zone when workers are present with the intent to:
(1) damage traffic control devices; or
(2) inflict bodily injury on a worker;
commits a Class A misdemeanor.
(d) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly engages in:
(1) aggressive driving, as defined in section 55 of this chapter; or
(2) a speed contest, as prohibited under IC 9-21-6-1;
in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
(e) Except as provided in subsections (f) through (h), a person who recklessly fails to obey a traffic control device or flagman, as prohibited under section 41 of this chapter, in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
(f) An offense under subsection (b), (c), (d), or (e) is a Class D felony if the person who commits the offense:
(1) has a prior unrelated conviction under this section in the previous five (5) years; or
(2) is operating the vehicle in violation of IC 9-30-5-1 or IC 9-30-5-2.
(g) An offense under subsection (b), (c), (d), or (e) is a Class D felony if the offense results in bodily injury to a worker in the worksite.
(h) An offense under subsection (b), (c), (d), or (e) is a Class C felony if the offense results in the death of a worker in the worksite.
(i) In addition to any other penalty imposed, if an offense under this section results in:
(1) injury to another person, the court shall recommend that the person's driving privileges be suspended for one (1) year; or
(2) the death of another person, the court shall recommend that the person's driving privileges be suspended for three (3) years.
(b) In addition to any other penalty imposed, if a violation of subsection (a) results in:
(1) injury to another person, the court shall recommend that the person's driving privileges be suspended for thirty (30) days;
(2) serious bodily injury to another person, the court shall recommend that the person's driving privileges be suspended for ninety (90) days; or
(3) the death of another person, the court shall recommend that the person's driving privileges be suspended for one hundred eighty (180) days.
person is convicted shall recommend that the current driver's license of the person be suspended for not less than sixty (60) days and not more than two (2) years.
