Bill Text: IN HB1215 | 2010 | Regular Session | Introduced
Bill Title: Impaired driving.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Courts and Criminal Code [HB1215 Detail]
Download: Indiana-2010-HB1215-Introduced.html
Citations Affected: IC 9-30-10-4; IC 35-42-2-2.
Synopsis: Impaired driving. Adds certain motor vehicle offenses
committed while under the influence of a controlled substance to the
list of offenses whose commission may cause a person to be a habitual
traffic violator. Provides that operating a motor vehicle while under the
influence of certain controlled substances resulting in serious bodily
injury or death constitutes criminal recklessness.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Courts and Criminal Code.
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
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) Reckless homicide resulting from the operation of a motor vehicle.
(2) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle.
(3) Failure of the driver of a motor vehicle involved in an accident resulting in death or injury to any person to stop at the scene of the accident and give the required information and assistance.
(4) Operation of a vehicle while intoxicated resulting in death.
(5) Before July 1, 1997, operation of a vehicle with at least ten-hundredths percent (0.10%) alcohol in the blood resulting in death.
(6) After June 30, 1997, and before July 1, 2001, operation of a vehicle with an alcohol concentration equivalent to at least ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(7) After June 30, 2001, operation of a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(8) Operation of a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body resulting in death.
(9) Criminal recklessness committed with a motor vehicle resulting in death if the person who committed the offense:
(A) was under the influence of a controlled substance listed in schedule I or II of IC 35-48-2; or
(B) had a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body.
(b) A person who has accumulated at least three (3) judgments within a ten (10) year period for any of the following violations, singularly or in combination, not arising out of the same incident, and with at least one (1) violation occurring after March 31, 1984, is a habitual violator:
(1) Operation of a vehicle while intoxicated.
(2) Before July 1, 1997, operation of a vehicle with at least ten-hundredths percent (0.10%) alcohol in the blood.
(3) After June 30, 1997, and before July 1, 2001, operation of a vehicle with an alcohol concentration equivalent to at least ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(4) After June 30, 2001, operation of a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(5) Operating a motor vehicle while the person's license to do so has been suspended or revoked as a result of the person's conviction of an offense under IC 9-1-4-52 (repealed July 1,
1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-3, or
IC 9-24-19-5.
(6) Operating a motor vehicle without ever having obtained a
license to do so.
(7) Reckless driving.
(8) Criminal recklessness involving the operation of a motor
vehicle.
(9) Drag racing or engaging in a speed contest in violation of law.
(10) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46
(repealed July 1, 1991), IC 9-26-1-1(1), IC 9-26-1-1(2),
IC 9-26-1-1(4), IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, or
IC 9-26-1-4.
(11) Any felony under an Indiana motor vehicle statute or any
felony in the commission of which a motor vehicle is used.
A judgment for a violation enumerated in subsection (a) shall be added
to the violations described in this subsection for the purposes of this
subsection.
(c) A person who has accumulated at least ten (10) judgments
within a ten (10) year period for any traffic violation, except a parking
or an equipment violation, of the type required to be reported to the
bureau, singularly or in combination, not arising out of the same
incident, and with at least one (1) violation occurring after March 31,
1984, is a habitual violator. However, at least one (1) of the judgments
must be for a violation enumerated in subsection (a) or (b). A judgment
for a violation enumerated in subsection (a) or (b) shall be added to the
judgments described in this subsection for the purposes of this
subsection.
(1) with or without the consent of the other person; and
(2) as a condition of association with a group or organization;
to perform an act that creates a substantial risk of bodily injury.
(b) A person who recklessly, knowingly, or intentionally performs:
(1) an act that creates a substantial risk of bodily injury to another person; or
(2) hazing;
commits criminal recklessness. Except as provided in subsection (c), criminal recklessness is a Class B misdemeanor.
(c) The offense of criminal recklessness as defined in subsection (b) is:
(1) a Class A misdemeanor if the conduct includes the use of a vehicle;
(2) a Class D felony if:
(A) it is committed while armed with a deadly weapon;
(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in serious bodily injury to another person; or
(C) the person committed the offense with a motor vehicle, the offense results in serious bodily injury, and the person who committed the offense:
(i) was under the influence of a controlled substance listed in schedule I or II of IC 35-48-2; or
(ii) had a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body;
unless the person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1-24) who acted in the course of the practitioner's professional practice; or
(3) a Class C felony if:
(A) it is committed by shooting a firearm into an inhabited dwelling or other building or place where people are likely to gather;
(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in the death of another person; or
(C) the person committed the offense with a motor vehicle, the offense results in death, and the person who committed the offense:
(i) was under the influence of a controlled substance listed in schedule I or II of IC 35-48-2; or
(ii) had a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body;
unless the person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1-24) who acted in the course of the practitioner's professional practice.
(d) A person who recklessly, knowingly, or intentionally:
(1) inflicts serious bodily injury on another person; or
(2) performs hazing that results in serious bodily injury to a person;
commits criminal recklessness, a Class D felony. However, the offense is a Class C felony if committed by means of a deadly weapon.
(e) A person, other than a person who has committed an offense
under this section or a delinquent act that would be an offense under
this section if the violator was an adult, who:
(1) makes a report of hazing in good faith;
(2) participates in good faith in a judicial proceeding resulting
from a report of hazing;
(3) employs a reporting or participating person described in
subdivision (1) or (2); or
(4) supervises a reporting or participating person described in
subdivision (1) or (2);
is not liable for civil damages or criminal penalties that might
otherwise be imposed because of the report or participation.
(f) A person described in subsection (e)(1) or (e)(2) is presumed to
act in good faith.
(g) A person described in subsection (e)(1) or (e)(2) may not be
treated as acting in bad faith solely because the person did not have
probable cause to believe that a person committed:
(1) an offense under this section; or
(2) a delinquent act that would be an offense under this section if
the offender was an adult.
