Bill Text: IN HB1517 | 2013 | Regular Session | Introduced
Bill Title: Ignition interlock devices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-22 - First reading: referred to Committee on Courts and Criminal Code [HB1517 Detail]
Download: Indiana-2013-HB1517-Introduced.html
Citations Affected: IC 9-24-15; IC 9-30; IC 12-23-5-5.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Courts and Criminal Code.
Digest Continued
judicial hearing. Provides that certain ignition interlock restrictions
remain in effect until the BMV receives a notification from the ignition
interlock vendor that certain incidents have not occurred. Creates the
ignition interlock assistance fund to be administered by the BMV, to
assist indigent persons in meeting ignition interlock device expenses.
Requires an ignition interlock device vendor to collect a $20 monthly
user fee and to forward this fee to the BMV to fund the ignition
interlock assistance fund. Changes certain driver's license suspension
periods.
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.
(b) The person filing the petition for restricted driving privileges shall include in the petition the information specified in subsection (a) in addition to the information required by sections 3 through 4 of this chapter.
(c) Whenever the court grants a person restricted driving privileges under this chapter, that part of the court's order granting probationary driving privileges shall:
(1) require the installation of an ignition interlock device under IC 9-30-8;
(2) restrict the person to operating only a vehicle with a functioning certified ignition interlock device
(d) If a court requires installation of a functioning certified ignition interlock device under subsection (c), the court shall order the bureau to record this requirement in the person's driving record in accordance with IC 9-14-3-7. When the person is no longer
(1) has been granted restricted driving privileges; and
(2) operates a motor vehicle:
(A) in violation of the terms, limitations, or restrictions set out by the court; and
(B) during the period of suspension of the person's current driving license;
commits a Class B misdemeanor.
(b) Except as provided in subsection (c), the bureau shall, upon receipt of notice of a conviction
offense under subsection (a), do the following:
(1) Revoke the person's restricted driving privileges.
(2) Suspend the person's current driving license for two (2) years
in addition to the original existing period of suspension.
In addition, the bureau may not issue restricted driving privileges to the
person during the original existing or additional period of suspension.
(c) If:
(1) a court has granted a person restricted driving privileges
under section 6.5(c) of this chapter;
(2) the bureau has determined that the person has a
functioning certified ignition interlock device installed in the
vehicles that the person expects to operate; and
(3) the person is convicted of an offense under subsection (a);
the bureau may extend the suspension of the person's driving
privileges for an additional period and extend the restriction
allowing the person to operate only a vehicle with a functioning
certified ignition interlock device throughout the additional period
of suspension of the person's driving privileges.
(b) In addition to any other penalty imposed under this section, the court may:
(1) suspend the person's driving privileges for a period of not more than one (1) year; or
(2) if a court has granted a person restricted driving privileges under IC 9-24-15-6.5 and the bureau has determined that the person has a functioning, certified ignition interlock device installed in the vehicles the person expects to operate, the bureau may:
(A) extend any previous suspension of the person's driving privileges under this chapter, IC 9-30-6, or IC 9-30-9 for not more than one (1) additional year; and
(B) extend the restriction under which the person may operate only a vehicle with a functioning certified ignition interlock device throughout the period of the previous suspension of the person's driving privileges and the extended period of suspension imposed under clause (A).
(1) is less than twenty-one (21) years of age; and
(2) operates a vehicle with an alcohol concentration equivalent to at least two-hundredths (0.02) gram but less than eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
commits a Class C infraction.
(b) In addition to the penalty imposed under this section, the court may recommend the suspension of the driving privileges of
(c) If the court recommends the suspension of the driving privileges of a person under subsection (b), the court may also grant the person probationary driving privileges that restrict the person to operating only vehicles equipped with a functioning, certified interlock device under IC 9-30-8 during the period of suspension.
(1)
(2) may grant the person probationary driving privileges restricting the person to operating only vehicles equipped with a functioning certified ignition interlock device under IC 9-30-8.
(b) If the court orders a suspension of driving privileges under subsection (a)(1), the court may require that a period of suspension recommended under this section be imposed, if applicable, before a period of incarceration or after a period of incarceration, or both before and after a period of incarceration, as long as the suspension otherwise complies with the periods established in this section. The court may also specify other restrictions on the person's driving, in addition to the ignition interlock device restriction under subsection (a)(2).
(c) If a court issues an order under subsection (a) or (b), the bureau may not add additional restrictions to a person's driving other than those that are imposed through the court's order or that were on the person's driving record in effect at the time the person
was arrested.
(d) A court may grant probationary driving privileges to a
person to whom this section applies without requiring the
installation of an ignition interlock device under subsection (a)(2)
if the person is:
(1) participating in a court supervised alcohol treatment
program; and
(2) taking disulfiram or a similar substance that the court
determines is effective in treating alcohol abuse.
A person granted probationary driving privileges under this
subsection shall pay all costs associated with the installation of an
ignition interlock device unless the sentencing court determines
that the person is indigent, as provided in IC 9-30-8-1.
(b) (e) If the court finds that the person:
(1) does not have a previous conviction of operating a vehicle or
a motorboat while intoxicated; or
(2) has a previous conviction of operating a vehicle or a
motorboat while intoxicated that occurred at least ten (10) years
before the conviction under consideration by the court;
the court shall recommend the suspension of the person's driving
privileges for at least ninety (90) days but not more than two (2) years.
(c) (f) If the court finds that the person has a previous conviction of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred more than five (5) years but less than ten (10)
years before the conviction under consideration by the court, the court
shall recommend the suspension of the person's driving privileges for
at least one hundred eighty (180) days (1) year but not more than two
(2) years. The court may stay the execution of that part of the
suspension that exceeds the minimum period of suspension. and grant
the person probationary driving privileges for a period of time equal to
the length of the stay.
(d) (g) If the court finds that the person has a previous conviction of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred less than five (5) years before the conviction under
consideration by the court, the court shall recommend the suspension
of the person's driving privileges for at least one (1) year but not more
than two (2) years. The court may stay the execution of that part of the
suspension that exceeds the minimum period of suspension. and grant
the person probationary driving privileges for a period of time equal to
the length of the stay. If the court grants probationary driving privileges
under this subsection, the court shall order that the probationary driving
privileges include the requirement that the person may not operate a
motor vehicle unless the motor vehicle is equipped with a functioning
certified ignition interlock device under IC 9-30-8. However, the court
may grant probationary driving privileges under this subsection without
requiring the installation of an ignition interlock device if the person is
successfully participating in a court supervised alcohol treatment
program in which the person is taking disulfiram or a similar substance
that the court determines is effective in treating alcohol abuse. The
person granted probationary driving privileges under this subsection
shall pay all costs associated with the installation of an ignition
interlock device unless the sentencing court determines that the person
is indigent.
(e) (h) If the conviction under consideration by the court is for an
offense under:
(1) section 4 of this chapter;
(2) section 5 of this chapter;
(3) IC 14-15-8-8(b) (before its repeal);
(4) IC 14-15-8-8(c) (before its repeal);
(5) IC 35-46-9-6(b); or
(6) IC 35-46-9-6(c);
the court shall recommend the suspension of the person's driving
privileges for at least two (2) years but not more than five (5) years.
(f) (i) If the conviction under consideration by the court is for an
offense involving the use of a controlled substance listed in schedule
I, II, III, IV, or V of IC 35-48-2, in which a vehicle was used in the
offense, the court shall recommend the suspension or revocation of the
person's driving privileges for at least six (6) months.
(g) (j) The bureau shall fix the period of suspension in accordance
with the recommendation of the court under this section and in
accordance with IC 9-30-6-9. If the court fails to recommend a fixed
period of suspension, the bureau shall impose the minimum period of
suspension required under this section.
(b) If the court grants the person probationary driving privileges
under section 12(a) of this chapter, that part of the court's order
granting probationary driving privileges does not take effect until the
person's driving privileges have been suspended for at least thirty (30)
days under IC 9-30-6-9. the date indicated on the order and on the
date the person is eligible to apply to the bureau for probationary
driving privileges.
(c) The court shall notify a person who is granted probationary
driving privileges of the following:
(1) That the probationary driving period commences when the
bureau issues the probationary driving privileges.
(2) That the bureau may not issue probationary driving
privileges until the person provides proof to the satisfaction
of the bureau that a functioning certified ignition interlock
device has been installed on one (1) or more vehicles that the
person expects to operate during the period of probationary
driving privileges.
(2) (3) That the bureau may not issue probationary driving
privileges until the bureau receives a reinstatement fee from the
person, if applicable, and the person otherwise qualifies for valid
driving privileges.
(1) a court recommends suspension of a person's driving privileges under section
(2) the person did not refuse to submit to a chemical test offered under IC 9-30-6-2 during the investigation of the offense;
the court may stay the execution of the suspension of the person's driving privileges.
(b) An order for probationary privileges must be issued in accordance with sections 11 and 13 of this chapter.
(c) If:
(1) a court recommends suspension of a person's driving privileges under section
(2) the period of suspension recommended by the court exceeds the minimum permissible fixed period of suspension specified under section 10 of this chapter;
the court may stay the execution of that part of the suspension that exceeds the minimum fixed period of suspension and grant the person probationary driving privileges.
of the stay.
(d) In addition to the other requirements of this section, if a person's
driving privileges are suspended or revoked under section 10(f) 10(i)
of this chapter, a court must find that compelling circumstances
warrant the issuance of probationary driving privileges.
(e) Before a court may grant probationary driving privileges under
this section, the person to whom the probationary driving privileges
will be granted must meet the burden of proving eligibility to receive
probationary driving privileges.
(1) is entitled to credit for any days during which the license was suspended under IC 9-30-6-9(c); and
(2) may not receive any credit for days during which the person's driving privileges were suspended under IC 9-30-6-9(b).
(b) A period of suspension of driving privileges imposed under section 10 of this chapter must be consecutive to any period of suspension imposed under IC 9-30-6-9(b).
(c) A person whose driving privileges are suspended under section 10 of this chapter is entitled to credit for any days that the person maintained an ignition interlock probationary license during a suspension under IC 9-30-6-9.
element;
must prohibit the person from operating a motor vehicle unless the
vehicle is equipped with a functioning certified ignition interlock
device under IC 9-30-8. However, a court is not required to order the
installation of an ignition interlock device for a person described in
subdivision (1) or (2) if the person is successfully participating in a
court supervised alcohol treatment program in which the person is
taking disulfiram or a similar substance that the court determines is
effective in treating alcohol abuse.
(c) A court may not order the installation of an ignition interlock
device on a vehicle operated by an employee to whom any of the
following apply:
(1) Has been convicted of violating section 1 or 2 of this chapter.
(2) Is employed as the operator of a vehicle owned, leased, or
provided by the employee's employer.
(3) Is subject to a labor agreement that prohibits an employee who
is convicted of an alcohol related offense from operating the
employer's vehicle.
(1) a copy of the affidavit; and
(2) a bureau certificate as described in section 16 of this chapter;
to the bureau.
(b) The probable cause affidavit required under section 7(b)(2) of this chapter must do the following:
(1) Set forth the grounds for the arresting officer's belief that there was probable cause that the arrested person was operating a vehicle in violation of IC 9-30-5 or a motorboat in violation of IC 35-46-9 or IC 14-15-8 (before its repeal).
(2) State that the person was arrested for a violation of IC 9-30-5 or operating a motorboat in violation of IC 35-46-9 or IC 14-15-8 (before its repeal).
(3) State whether the person:
(A) refused to submit to a chemical test when offered; or
(B) submitted to a chemical test that resulted in prima facie evidence that the person was intoxicated.
(4) Be sworn to by the arresting officer.
(c) Except as provided in subsection (d), if it is determined under
subsection (a) that there was probable cause to believe that a person
has violated IC 9-30-5, IC 35-46-9, or IC 14-15-8 (before its repeal), at
the initial hearing of the matter held under IC 35-33-7-1 the court shall
recommend immediate suspension of the person's driving privileges to
take effect on the date the order is entered, and forward to the bureau
a copy of the order recommending immediate suspension of driving
privileges.
(d) If it is determined under subsection (a) that there is probable
cause to believe that a person violated IC 9-30-5, the court may, as an
alternative to suspension of the person's driving privileges under
subsection (c), issue an order recommending that the person be
prohibited from operating a motor vehicle unless the motor vehicle is
equipped with a functioning certified ignition interlock device under
IC 9-30-8 until the bureau is notified by a court that the criminal
charges against the person have been resolved.
(1) operates a motor vehicle without a functioning certified ignition interlock device; and
(2) is prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device.
(b) A person commits a Class B misdemeanor if the person:
(1) operates a motor vehicle without a functioning certified ignition interlock device; and
(2) knows the person is prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device.
(b) If the affidavit under section 8(b) of this chapter states that a person refused to submit to a chemical test, the bureau shall suspend the driving privileges of the person:
(1) for:
(A) one (1) year; or
(B) if the person has at least one (1) previous conviction for operating while intoxicated, two (2) years; or
(2) until the suspension is ordered terminated under IC 9-30-5.
(c) If the affidavit under section 8(b) of this chapter states that a chemical test resulted in prima facie evidence that a person was intoxicated, the bureau shall suspend the driving privileges of the person:
(1) for one hundred eighty (180) days; or
(2) until the bureau is notified by a court that the charges have been disposed of;
whichever occurs first.
(d) Whenever the bureau is required to suspend a person's driving privileges under this section, the bureau shall immediately do the following:
(1) Mail a notice to the person's last known address that must state that the person's driving privileges will be suspended for a specified period, commencing:
(A) five (5) days after the date of the notice; or
(B) on the date the court enters an order recommending suspension of the person's driving privileges under section 8(c) of this chapter;
whichever occurs first.
(2) Notify the person:
(A) of the right to a judicial review under section 10 of this chapter;
(B) of the right to apply for immediate reinstatement of driving privileges with an ignition interlock probationary license; and
(C) that if the person applies for an ignition interlock probationary license, the person waives the right to judicial review under section 10 of this chapter.
(e) Notwithstanding IC 4-21.5, an action that the bureau is required to take under this article is not subject to any administrative adjudication under IC 4-21.5.
(f) If a person is granted probationary driving privileges under IC 9-30-5 and the bureau has not received the probable cause affidavit described in section 8(b) of this chapter, the bureau shall suspend the person's driving privileges for a period of thirty (30) days. After the thirty (30) day period has elapsed, the bureau shall, upon receiving a reinstatement fee, if applicable, from the person who was granted probationary driving privileges, issue the person probationary driving privileges if the person otherwise qualifies.
(g) If the bureau receives an order granting probationary driving privileges to a person
contain a requirement that the person may operate only a vehicle
equipped with a functioning certified ignition interlock device
under IC 9-30-8, the bureau shall do the following:
(1) Issue the person probationary driving privileges and notify the
prosecuting attorney of the county from which the order was
received that the person is not eligible for probationary driving
privileges without an ignition interlock restriction.
(2) Send a certified copy of the person's driving record to the
prosecuting attorney.
The prosecuting attorney shall, in accordance with IC 35-38-1-15,
petition the court to correct the court's order. If the bureau does not
receive a corrected order within sixty (60) days, the bureau shall notify
the attorney general, who shall, in accordance with IC 35-38-1-15,
petition the court to correct the court's order.
(1) in the court where the charges with respect to the person's operation of a vehicle are pending; or
(2) if charges with respect to the person's operation of a vehicle have not been filed, in any court of the county where the alleged offense or refusal occurred that has jurisdiction over crimes committed in violation of IC 9-30-5.
(b) If a person whose driving privilege have been suspended under section 9 of this chapter files an application for issuance of an ignition interlock probationary license, the person waives the right to a hearing under this section.
(1) be in writing;
(2) be verified by the person seeking review; and
(3) allege specific facts that contradict the facts alleged in the probable cause affidavit.
(1) Whether the arresting law enforcement officer had probable cause to believe that the person was operating a vehicle in violation of IC 9-30-5.
(2) Whether the person refused to submit to a chemical test
offered by a law enforcement officer.
(d) (e) If the court finds:
(1) that there was no probable cause; or
(2) that the person's driving privileges were suspended under
section 9(b) of this chapter and that the person did not refuse to
submit to a chemical test;
the court shall order the bureau to rescind the ignition interlock device
requirement or reinstate the person's driving privileges.
(e) (f) The prosecuting attorney of the county in which a petition has
been filed under this chapter shall represent the state on relation of the
bureau with respect to the petition.
(f) (g) The petitioner has the burden of proof by a preponderance of
the evidence.
(g) (h) The court's order is a final judgment appealable in the
manner of civil actions by either party. The attorney general shall
represent the state on relation of the bureau with respect to the appeal.
(c) The initial term ordered by the court may not exceed the maximum term of imprisonment the court could have imposed unless a court extends the ignition interlock restriction due to the person's commission of an offense under IC 9-30-6-8.7 or the person's ignition interlock restriction is extended under another section of this title.
(d) An ignition interlock restriction imposed under this chapter shall remain in effect until the bureau receives notification from the person's ignition interlock vendor, in a form provided or approved by the bureau, certifying that none of the following incidents have occurred in the four (4) consecutive months prior to the date of expiration of the period set under subsection (b):
(1) Any attempt to start the vehicle with a breath concentration of 0.04 or higher if the person does not register
a test result indicating a breath alcohol concentration lower
than four-hundredths (0.04) grams within ten (10) minutes of
the initial test.
(2) Absent a documented malfunction of the ignition interlock
device, failure to take or pass any required test.
(3) Failure of the person to appear at the ignition interlock
vendor when required to for maintenance, repair, calibration,
monitoring, inspection, or replacement of the device.
(e) The person shall pay the cost of installation maintaining the
person's ignition interlock device requirements unless the
sentencing court bureau determines that the person is indigent and
qualifies for a subsidy from the ignition interlock device assistance
fund under section 6 of this chapter.
(b) If the court orders installation of a certified ignition interlock
device under IC 9-30-5-10(d), the installation must remain in effect for
a period of six (6) months.
(f) Unless the bureau determines a person is indigent, a person
shall pay:
(1) the cost of installing, removing, or leasing an ignition
interlock system; and
(2) a twenty dollar ($20) monthly fee to the person's ignition
interlock provider.
(g) An ignition interlock provider shall forward all fees collected
under subsection (f)(2) to the bureau.
(1) Is accurate.
(2) Does not impede the safe operation of a vehicle.
(3) Provides a minimum opportunity to be bypassed.
(4) Shows evidence of tampering if tampering is attempted.
(5) Has a label affixed warning
interlock device, the bureau shall include that condition when issuing
a license.
(b) The ignition interlock assistance fund (referred to as "the fund" in this chapter) is established for the purposes of paying the costs of installing, removing, or leasing an ignition interlock device, and applicable licensing, for indigent persons who are required to use an ignition interlock device as a condition of probationary driving privileges. The fund shall be administered by the commission.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(e) The fund consists of the following:
(1) All fees forwarded to the bureau under section 1(f) of this chapter.
(2) Money received from any other source, including appropriations.
(f) The bureau may make expenditures from the fund only to administer the fund and carry out the purposes of the fund.
(g) The bureau shall adopt rules under IC 4-22-2 to administer this section.
(1) Suspend the defendant's driving privileges for at least
(2) Impose other appropriate conditions.
(b) A defendant to whom subsection (a) applies may be granted probationary driving privileges.
IC 9-30-5, the order granting probationary driving privileges under
subsection (b) must, in a county that provides for the installation of an
ignition interlock device under IC 9-30-8, that prohibit the defendant
from operating a motor vehicle unless the motor vehicle is equipped
with a functioning certified ignition interlock device under IC 9-30-8.
(d) If a defendant does not have a prior conviction for an offense
under IC 9-30-5, the court may, as an alternative to a license
suspension under subsection (a)(1), issue an order prohibiting the
defendant from operating a motor vehicle unless the motor vehicle is
equipped with a functioning certified ignition interlock device under
IC 9-30-8. An order requiring an ignition interlock device must remain
in effect for at least two (2) years but not more than four (4) years.
