Bill Text: IN HB1113 | 2011 | Regular Session | Introduced
Bill Title: Authorized emergency vehicles.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-06 - First reading: referred to Committee on Veterans Affairs and Public Safety [HB1113 Detail]
Download: Indiana-2011-HB1113-Introduced.html
Citations Affected: IC 9-19; IC 9-30-2-2; IC 35-44-3-3.
Synopsis: Authorized emergency vehicles. Provides that a police
vehicle must be equipped with a siren and a red and blue emergency
signal lamp in order for certain traffic stops to be valid. Provides that
an authorized emergency vehicle must use a siren when the authorized
emergency vehicle is operated in the immediate pursuit of an actual or
suspected violator of the law. Provides that an individual commits
resisting law enforcement if the individual flees from a law
enforcement officer after the officer has, by visible and audible means,
including operation of the law enforcement officer's siren and
emergency lights, identified himself or herself as a law enforcement
officer and ordered the individual to stop. (Current law requires only
identification by visible or audible means.) Adds a person's conviction
for resisting law enforcement through operation of a motor vehicle
resulting in the death of a law enforcement officer to the list of
convictions for which a court may order the bureau of motor vehicles
to suspend any or all of the person's operator's license, certificates of
registration, and license plates to reconcile a conflict created by
P.L.100-2010, SECTION 6 and P.L.102-2010, SECTION 2.
Effective: July 1, 2011.
January 6, 2011, read first time and referred to Committee on Veterans Affairs and Public
Safety.
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
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.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
(1) a vehicle may not be equipped with; and
(2) a person may not use upon a vehicle;
a siren, whistle, or bell.
(b) An authorized emergency vehicle may be equipped with a siren, whistle, or bell that is capable of emitting sound audible under normal conditions from a distance of not less than five hundred (500) feet and of a type approved by the department. A siren authorized under this section may not be used except when, during the operation of the authorized emergency vehicle
(c) The siren of an authorized emergency vehicle must be used when the authorized emergency vehicle is operated in the immediate pursuit of an actual or suspected violator of the law.
(1) may not be used except when the authorized emergency vehicle is operated
(2) must be used when the authorized emergency vehicle is operated in the immediate pursuit of an actual or suspected
(1) making an arrest; or
(2) issuing:
(A) a traffic information and summons; or
(B) an ordinance violation citation;
concerning a violation of an Indiana law or a city or town ordinance regulating the use and operation of a motor vehicle on an Indiana highway when there is a uniformed officer present at the time of the arrest or issuance.
(b) A law enforcement officer may not arrest or issue a traffic information and summons to a person for a violation of an Indiana law regulating the use and operation of a motor vehicle on an Indiana highway or an ordinance of a city or town regulating the use and operation of a motor vehicle on an Indiana highway unless at the time of the arrest or issuance the officer:
(1) is wearing a distinctive uniform and a badge of authority;
(2) immediately identifies himself or herself as an officer with an authorized departmental identification card and a badge of authority; or
apply to an officer making an arrest when there is a uniformed officer
present at the time of the arrest. equipped with:
(A) at least one (1) signal lamp equipped with a red beam
and a blue beam in the manner provided in IC 9-19-14-5;
and
(B) a siren under IC 9-19-14-3.
Upon request, the law enforcement officer shall allow the person
who is the subject of the arrest or issuance to contact a law
enforcement agency or emergency dispatcher to verify the identity
of the law enforcement officer.
(1) forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the authorized service or execution of a civil or criminal process or order of a court; or
(3) flees from a law enforcement officer after the officer has, by visible
commits resisting law enforcement, a Class A misdemeanor, except as provided in subsection (b).
(b) The offense under subsection (a) is a:
(1) Class D felony if:
(A) the offense is described in subsection (a)(3) and the person uses a vehicle to commit the offense; or
(B) while committing any offense described in subsection (a), the person draws or uses a deadly weapon, inflicts bodily injury on or otherwise causes bodily injury to another person, or operates a vehicle in a manner that creates a substantial risk of bodily injury to another person;
(2) Class C felony if, while committing any offense described in subsection (a), the person operates a vehicle in a manner that causes serious bodily injury to another person;
(3) Class B felony if, while committing any offense described in subsection (a), the person operates a vehicle in a manner that
causes the death of another person; and
(4) Class A felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death of a law enforcement officer while the law
enforcement officer is engaged in the officer's official duties.
(c) For purposes of this section, a law enforcement officer includes
an enforcement officer of the alcohol and tobacco commission and a
conservation officer of the department of natural resources.
(d) If a person uses a vehicle to commit a felony offense under
subsection (b)(1)(B), (b)(2), or (b)(3), or (b)(4), as part of the criminal
penalty imposed for the offense, the court shall impose a minimum
executed sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1) prior
unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior unrelated
convictions under this section.
(e) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, the mandatory
minimum sentence imposed under subsection (d) may not be
suspended.
(f) If a person is convicted of an offense involving the use of a motor
vehicle under:
(1) subsection (b)(1)(A), if the person exceeded the speed limit by
at least twenty (20) miles per hour while committing the offense;
(2) subsection (b)(2); or
(3) subsection (b)(3); or
(4) subsection (b)(4);
the court may notify the bureau of motor vehicles to suspend or revoke
the person's driver's license and all certificates of registration and
license plates issued or registered in the person's name in accordance
with IC 9-30-4-6(b)(3) for the period described in IC 9-30-4-6(d)(4) or
IC 9-30-4-6(d)(5). The court shall inform the bureau whether the
person has been sentenced to a term of incarceration. At the time of
conviction, the court may obtain the person's current driver's license
and return the license to the bureau of motor vehicles.