Bill Text: IN HB1245 | 2012 | Regular Session | Introduced
Bill Title: Immunity for certain alcohol offenses.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-26 - Representative Truitt added as coauthor [HB1245 Detail]
Download: Indiana-2012-HB1245-Introduced.html
Citations Affected: IC 7.1-1-3-19.7; IC 7.1-5; IC 33-37;
IC 33-39-1-8.5.
Synopsis: Immunity for certain alcohol offenses. Prohibits a law
enforcement officer from taking a person into custody for certain
crimes involving alcoholic beverages if the officer, after considering
the facts and surrounding circumstances and making a reasonable
determination, reasonably believes that: (1) the officer has contact with
the person because the person requested emergency medical assistance,
or acted in concert with another person who requested emergency
medical assistance, for an individual who reasonably appeared in need
of medical assistance due to alcohol consumption; and (2) the person
meets other requirements. Provides that a person meeting these
conditions is immune from criminal prosecution for certain offenses
involving alcoholic beverages arising from the incident. Requires a
prosecuting attorney to withhold prosecution for certain crimes
involving alcoholic beverages against a person who: (1) received
medical assistance due to alcohol consumption in response to a request
for medical assistance by another person; and (2) agrees to a pretrial
diversion program in which the person, not later than 90 days after the
initial hearing, completes an alcohol education program and 20 hours
of community service. Establishes requirements concerning the pretrial
diversion program. Makes technical corrections.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Courts and Criminal Code.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(b) A prosecuting attorney shall withhold prosecution of a person for an offense under this section if the person meets the conditions of the pretrial diversion program established under IC 33-39-1-8.5.
section 6.5 of this chapter, it is a Class B misdemeanor for a person
to be, or to become, intoxicated as a result of the person's use of alcohol
or a controlled substance (as defined in IC 35-48-1-9) in or upon a
vehicle commonly used for the public transportation of passengers, or
in or upon a common carrier, or in or about a depot, station, airport,
ticket office, waiting room, or platform.
(b) A prosecuting attorney shall withhold prosecution of a
person for an offense under this section if the person meets the
conditions of the pretrial diversion program established under
IC 33-39-1-8.5.
(1) The law enforcement officer has contact with the person because the person either:
(A) requested emergency medical assistance; or
(B) acted in concert with another person who requested emergency medical assistance;
for an individual who reasonably appeared in need of medical assistance due to alcohol consumption.
(2) The person described in subdivision (1)(A) or (1)(B):
(A) provided:
(i) the person's full name; and
(ii) any other relevant information requested by the law enforcement officer;
(B) remained at the scene with the individual who reasonably appeared in need of medical assistance due to alcohol consumption until emergency medical assistance arrived; and
(C) cooperated with emergency medical assistance personnel and law enforcement officers at the scene.
(b) A person who acts as described in subsection (a)(1)(A) or (a)(1)(B) is immune from criminal prosecution for an offense under:
(1) section 3 of this chapter;
(2) section 6 of this chapter;
(3) IC 7.1-5-7-7; and
(4) IC 7.1-5-7-8;
liability for which arises at the time the person has contact with a law enforcement officer as described in subsection (a).
(1) possess an alcoholic beverage;
(2) consume
(3) transport
(b) If a minor is found to have violated subsection (a) while operating a motor vehicle, the court may order the minor's driver's license suspended for up to one (1) year. However, if the minor is less than eighteen (18) years of age, the court shall order the minor's driver's license suspended for at least sixty (60) days.
(c) The court shall deliver any order suspending the minor's driver's license under this section to the bureau of motor vehicles, which shall suspend the minor's driver's license under IC 9-24-18-12 for the period ordered by the court.
(d) A prosecuting attorney shall withhold prosecution of a person for an offense under this section if the person meets the conditions of a pretrial diversion program established under IC 33-39-1-8.5.
(b) However, the offense described in subsection (a) is:
(1) a Class A misdemeanor if the person has a prior unrelated conviction under this section; and
(2) a Class D felony if the consumption, ingestion, or use of the alcoholic beverage is the proximate cause of the serious bodily injury or death of any person.
(c) This section shall not be construed to impose civil liability upon any postsecondary educational institution, including public and private universities and colleges, business schools, vocational schools, and schools for continuing education, or its agents for injury to any person or property sustained in consequence of a violation of this section unless such institution or its agent sells, barters, exchanges, provides,
or furnishes an alcoholic beverage to a minor.
(d) A prosecuting attorney shall withhold prosecution of a
person for an offense under this section if the person meets the
conditions of a pretrial diversion program established under
IC 33-39-1-8.5.
(b) In addition to the criminal costs fee collected under this section, the clerk shall collect from the defendant the following fees if they are required under IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
(2) A marijuana eradication program fee (IC 33-37-5-7).
(3) An alcohol and drug services program user fee (IC 33-37-5-8(b)).
(4) A law enforcement continuing education program fee (IC 33-37-5-8(c)).
(5) A drug abuse, prosecution, interdiction, and correction fee (IC 33-37-5-9).
(6) An alcohol and drug countermeasures fee (IC 33-37-5-10).
(7) A child abuse prevention fee (IC 33-37-5-12).
(8) A domestic violence prevention and treatment fee (IC 33-37-5-13).
(9) A highway
(10) A deferred prosecution fee (IC 33-37-5-17).
(11) A document storage fee (IC 33-37-5-20).
(12) An automated record keeping fee (IC 33-37-5-21).
(13) A late payment fee (IC 33-37-5-22).
(14) A sexual assault victims assistance fee (IC 33-37-5-23).
(15) A public defense administration fee (IC 33-37-5-21.2).
(16) A judicial insurance adjustment fee (IC 33-37-5-25).
(17) A judicial salaries fee (IC 33-37-5-26).
(18) A court administration fee (IC 33-37-5-27).
(19) A DNA sample processing fee (IC 33-37-5-26.2).
(c) Instead of the criminal costs fee prescribed by this section, except for the automated record keeping fee (IC 33-37-5-21), the clerk shall collect a pretrial diversion program fee if an agreement between the prosecuting attorney and the accused person entered into under
IC 33-39-1-8 or IC 33-39-1-8.5 requires payment of those fees by the
accused person. The pretrial diversion program fee is:
(1) an initial user's fee of fifty dollars ($50); and
(2) a monthly user's fee of ten dollars ($10) for each month that
the person remains in the pretrial diversion program.
(d) The clerk shall transfer to the county auditor or city or town
fiscal officer the following fees, not later than thirty (30) days after the
fees are collected:
(1) The pretrial diversion fee.
(2) The marijuana eradication program fee.
(3) The alcohol and drug services program user fee.
(4) The law enforcement continuing education program fee.
The auditor or fiscal officer shall deposit fees transferred under this
subsection in the appropriate user fee fund established under
IC 33-37-8.
(e) Unless otherwise directed by a court, if a clerk collects only part
of a criminal costs fee from a defendant under this section, the clerk
shall distribute the partial payment of the criminal costs fee as follows:
(1) The clerk shall apply the partial payment to general court
costs.
(2) If there is money remaining after the partial payment is
applied to general court costs under subdivision (1), the clerk
shall distribute the remainder of the partial payment for deposit in
the appropriate county user fee fund.
(3) If there is money remaining after distribution under
subdivision (2), the clerk shall distribute the remainder of the
partial payment for deposit in the state user fee fund.
(4) If there is money remaining after distribution under
subdivision (3), the clerk shall distribute the remainder of the
partial payment to any other applicable user fee fund.
(5) If there is money remaining after distribution under
subdivision (4), the clerk shall apply the remainder of the partial
payment to any outstanding fines owed by the defendant.
(b) In each action in which prosecution is deferred, the clerk shall collect from the defendant a deferred prosecution fee of one hundred twenty dollars ($120) for court costs.
[EFFECTIVE JULY 1, 2012]: Sec. 2. (a) The clerk of a circuit court
shall distribute semiannually to the auditor of state as the state share for
deposit in the homeowner protection unit account established by
IC 4-6-12-9 one hundred percent (100%) of the automated record
keeping fees collected under IC 33-37-5-21 with respect to actions
resulting in the accused person entering into a pretrial diversion
program agreement under IC 33-39-1-8 or IC 33-39-1-8.5 or a deferral
program agreement under IC 34-28-5-1, and for deposit in the state
general fund seventy percent (70%) of the amount of fees collected
under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The clerk of a circuit court shall distribute semiannually to the
auditor of state for deposit in the state user fee fund established in
IC 33-37-9-2 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) Fifty percent (50%) of the child abuse prevention fees
collected under IC 33-37-4-1(b)(7).
(4) One hundred percent (100%) of the domestic violence
prevention and treatment fees collected under IC 33-37-4-1(b)(8).
(5) One hundred percent (100%) of the highway work zone fees
collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(6) One hundred percent (100%) of the safe schools fee collected
under IC 33-37-5-18.
(7) The following:
(A) For a county operating under the state's automated judicial
system, one hundred percent (100%) of the automated record
keeping fee (IC 33-37-5-21) not distributed under subsection
(a).
(B) For a county not operating under the state's automated
judicial system, eighty percent (80%) of the automated record
keeping fee (IC 33-37-5-21) not distributed under subsection
(a).
(c) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this
subsection into the county drug free community fund established under
IC 5-2-11.
(d) The clerk of a circuit court shall distribute monthly to the county
auditor fifty percent (50%) of the child abuse prevention fees collected
under IC 33-37-4-1(b)(7). The county auditor shall deposit fees
distributed by a clerk under this subsection into the county child
advocacy fund established under IC 12-17-17.
(e) The clerk of a circuit court shall distribute monthly to the county
auditor one hundred percent (100%) of the late payment fees collected
under IC 33-37-5-22. The county auditor shall deposit fees distributed
by a clerk under this subsection as follows:
(1) If directed to do so by an ordinance adopted by the county
fiscal body, the county auditor shall deposit forty percent (40%)
of the fees in the clerk's record perpetuation fund established
under IC 33-37-5-2 and sixty percent (60%) of the fees in the
county general fund.
(2) If the county fiscal body has not adopted an ordinance
described in subdivision (1), the county auditor shall deposit all
the fees in the county general fund.
(f) The clerk of the circuit court shall distribute semiannually to the
auditor of state for deposit in the sexual assault victims assistance
account established by IC 5-2-6-23(h) one hundred percent (100%) of
the sexual assault victims assistance fees collected under
IC 33-37-5-23.
(g) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) One hundred percent (100%) of the support and maintenance
fees for cases designated as non-Title IV-D child support cases in
the Indiana support enforcement tracking system (ISETS)
collected under IC 33-37-5-6.
(2) The percentage share of the support and maintenance fees for
cases designated as IV-D child support cases in ISETS collected
under IC 33-37-5-6 that is reimbursable to the county at the
federal financial participation rate.
The county clerk shall distribute monthly to the office of the secretary
of family and social services the percentage share of the support and
maintenance fees for cases designated as Title IV-D child support cases
in ISETS collected under IC 33-37-5-6 that is not reimbursable to the
county at the applicable federal financial participation rate.
(h) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) One hundred percent (100%) of the small claims service fee
under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
the county general fund.
(2) One hundred percent (100%) of the small claims garnishee
service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
deposit in the county general fund.
(i) This subsection does not apply to court administration fees
collected in small claims actions filed in a court described in IC 33-34.
The clerk of a circuit court shall semiannually distribute to the auditor
of state for deposit in the state general fund one hundred percent
(100%) of the following:
(1) The public defense administration fee collected under
IC 33-37-5-21.2.
(2) The judicial salaries fees collected under IC 33-37-5-26.
(3) The DNA sample processing fees collected under
IC 33-37-5-26.2.
(4) The court administration fees collected under IC 33-37-5-27.
(j) The clerk of a circuit court shall semiannually distribute to the
auditor of state for deposit in the judicial branch insurance adjustment
account established by IC 33-38-5-8.2 one hundred percent (100%) of
the judicial insurance adjustment fee collected under IC 33-37-5-25.
(k) The proceeds of the service fee collected under
IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
follows:
(1) The clerk shall distribute one hundred percent (100%) of the
service fees collected in a circuit, superior, county, or probate
court to the county auditor for deposit in the county general fund.
(2) The clerk shall distribute one hundred percent (100%) of the
service fees collected in a city or town court to the city or town
fiscal officer for deposit in the city or town general fund.
(l) The proceeds of the garnishee service fee collected under
IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
follows:
(1) The clerk shall distribute one hundred percent (100%) of the garnishee service fees collected in a circuit, superior, county, or probate court to the county auditor for deposit in the county general fund.
(2) The clerk shall distribute one hundred percent (100%) of the garnishee service fees collected in a city or town court to the city or town fiscal officer for deposit in the city or town general fund.
(m) The clerk of the circuit court shall distribute semiannually to the auditor of state for deposit in the home ownership education account established by IC 5-20-1-27 one hundred percent (100%) of the following:
(1) The mortgage foreclosure counseling and education fees collected under IC 33-37-5-30 (before its expiration on January 1, 2013).
(2) Any civil penalties imposed and collected by a court for a violation of a court order in a foreclosure action under IC 32-30-10.5.
(n) This subsection applies to a county that is not operating under the state's automated judicial system. The clerk of a circuit court shall distribute monthly to the county auditor twenty percent (20%) of the automated record keeping fee (IC 33-37-5-21) not distributed under subsection (a) for deposit in the clerk's record perpetuation fund.
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(b) The city or town fiscal officer shall distribute monthly to the county auditor as the county share twenty percent (20%) of the amount of fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(c) The city or town fiscal officer shall retain twenty-five percent (25%) as the city or town share of the fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(d) The clerk of a city or town court shall distribute semiannually to the auditor of state for deposit in the state user fee fund established in IC 33-37-9 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution, interdiction, and correction fees collected under IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) One hundred percent (100%) of the highway work zone fees collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(4) One hundred percent (100%) of the safe schools fee collected under IC 33-37-5-18.
(5) One hundred percent (100%) of the automated record keeping fee (IC 33-37-5-21) not distributed under subsection (a).
(e) The clerk of a city or town court shall distribute monthly to the county auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution, interdiction, and corrections fees collected under IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this subsection into the county drug free community fund established under IC 5-2-11.
(f) The clerk of a city or town court shall distribute monthly to the city or town fiscal officer (as defined in IC 36-1-2-7) one hundred percent (100%) of the following:
(1) The late payment fees collected under IC 33-37-5-22.
(2) The small claims service fee collected under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
(3) The small claims garnishee service fee collected under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit fees distributed by a clerk under this subsection in the city or town general fund.
(g) The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in the state general fund one hundred percent (100%) of the following:
(1) The public defense administration fee collected under IC 33-37-5-21.2.
(2) The DNA sample processing fees collected under IC 33-37-5-26.2.
(3) The court administration fees collected under IC 33-37-5-27.
(h) The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in the judicial branch insurance adjustment account established by IC 33-38-5-8.2 one hundred percent (100%) of the judicial insurance adjustment fee collected under IC 33-37-5-25.
(i) The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in the state general fund seventy-five percent (75%) of the judicial salaries fee collected under IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five percent (25%) of the judicial salaries fee collected under IC 33-37-5-26. The funds retained by the city or town shall be prioritized to fund city or town court operations.
(1) is charged with the offense as a result of alcohol consumption for which the person received medical assistance as described under subdivision (2);
(2) received medical assistance due to alcohol consumption in response to a request for medical assistance by another person; and
(3) agrees to a pretrial diversion program in which the person, not later than ninety (90) days after the initial hearing
on the charge, completes:
(A) an alcohol education program; and
(B) twenty (20) hours of community service;
approved by the prosecuting attorney.
(b) An agreement under subsection (a)(3) may include
conditions that the person:
(1) pay to the clerk of the court an initial user's fee and
monthly user's fees in the amounts specified in IC 33-37-4-1;
(2) report to the prosecuting attorney at reasonable times;
and
(3) answer all reasonable inquiries by the prosecuting
attorney and promptly notify the prosecuting attorney of any
change in the person's address or employment.
(c) The terms of an agreement under subsection (a)(3) must be
recorded in an instrument signed by the person and the
prosecuting attorney.
(d) An agreement under subsection (a)(3) must be filed in the
court in which the charge described in subsection (a)(1) is pending.
(e) The prosecuting attorney shall electronically transmit to the
prosecuting attorneys council information required by the
prosecuting attorneys council concerning a prosecution withheld
under subsection (a), in a manner and format designated by the
prosecuting attorneys council.
(f) All money collected by the clerk as user's fees under this
section shall be deposited in the appropriate user fee fund under
IC 33-37-8.
(g) The pretrial diversion fees that apply to the pretrial
diversion program established under section 8 of this chapter also
apply to the pretrial diversion program established under this
section.
