Bill Text: IN SB0094 | 2012 | Regular Session | Introduced
Bill Title: Defines "public intoxication".
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0094 Detail]
Download: Indiana-2012-SB0094-Introduced.html
Citations Affected: IC 7.1-5-1.
Synopsis: Defines "public intoxication". Provides that a person may
not be convicted of certain offenses relating to alcohol intoxication
unless the person: (1) endangers the person's life or health; (2)
endangers the life or health of another person; or (3) breaches the
peace. Makes it a Class B misdemeanor for a person to be intoxicated
in public due to the person's use of a controlled substance, unless the
person consumed the controlled substance under a valid prescription.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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(1) alcohol,
(A) endangers the person's life or health;
(B) endangers the life or health of another person; or
(C) breaches the peace; or
(2) a controlled substance (as defined in IC 35-48-1-9).
(b) It is a defense to a prosecution under subsection (a)(2) that the accused 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.
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,
if the person:
(1) endangers the person's life or health;
(2) endangers the life or health of another person; or
(3) breaches the peace.
(b) It is a Class B misdemeanor for a person to be, or to become,
intoxicated as a result of the person's use of 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.
(c) It is a defense to a prosecution under subsection (b) that the
accused 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.
