Bill Text: IN HB1158 | 2011 | Regular Session | Amended
Bill Title: Use of handheld wireless communications device while operating a motor vehicle.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2011-03-28 - Third reading: call withdrawn [HB1158 Detail]
Download: Indiana-2011-HB1158-Amended.html
Citations Affected: IC 35-41; IC 35-42.
Synopsis: Use of handheld wireless communications device while
operating a motor vehicle. For purposes of determining whether a
person has committed criminal recklessness or has recklessly killed
another human being, the trier of fact may consider, in addition to other
relevant factors, whether the person used a handheld wireless
communications device while operating a moving motor vehicle.
Effective: July 1, 2011.
January 10, 2011, read first time and referred to Committee on Roads and Transportation.
February 17, 2011, amended, reported _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) A wireless telephone.
(2) A personal digital assistant.
(3) A pager.
(4) A text messaging device.
(b) In determining whether a person acted recklessly, the trier of fact may consider, in addition to other relevant factors, whether the person used a handheld wireless communications device while
operating a moving motor vehicle.
(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; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in serious bodily injury to another person; 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; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in the death of another person.
(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.
(h) In determining whether a person acted recklessly under
subsection (d)(1), the trier of fact may consider, in addition to other
relevant factors, whether the person used a handheld wireless
communications device while operating a moving motor vehicle.
