Introduced Version




SENATE BILL No. 94

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DIGEST OF INTRODUCED BILL



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.



Lanane


    January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.




Introduced

Second Regular Session 117th General Assembly (2012)


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 this style type.
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SENATE BILL No. 94


    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 7.1-5-1-3; (12)IN0094.1.1. -->     SECTION 1. IC 7.1-5-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) It is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of:
         (1) alcohol, or a controlled substance (as defined in IC 35-48-1-9), if the person:
            (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.
SOURCE: IC 7.1-5-1-6; (12)IN0094.1.2. -->     SECTION 2. IC 7.1-5-1-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) 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, 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.