AN ACT to amend the Indiana Code concerning criminal law and procedure.
this section. 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.
(b) 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) 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 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) 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) 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); or
(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) 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.
the clerk of the court shall forward:
(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, or 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:
(1) the court shall recommend immediate suspension of the
person's driving privileges to take effect on the date the order is
entered;
(2) the court shall order the person to surrender all driver's
licenses, permits, and receipts; and
(3) the clerk shall forward the following to the bureau:
(A) The person's license or permit surrendered under this
section or section 3 or 7 of this chapter.
(B) 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 a license suspension under subsection (c)(1), 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.
[EFFECTIVE JULY 1, 2012]: Sec. 4. (a) A condition to remaining on
parole is that the parolee not commit a crime during the period of
parole.
(b) The parole board may also adopt, under IC 4-22-2, additional
conditions to remaining on parole and require a parolee to satisfy one
(1) or more of these conditions. These conditions must be reasonably
related to the parolee's successful reintegration into the community and
not unduly restrictive of a fundamental right.
(c) If a person is released on parole, the parolee shall be given a
written statement of the conditions of parole. Signed copies of this
statement shall be:
(1) retained by the parolee;
(2) forwarded to any person charged with the parolee's
supervision; and
(3) placed in the parolee's master file.
(d) The parole board may modify parole conditions if the parolee
receives notice of that action and had ten (10) days after receipt of the
notice to express the parolee's views on the proposed modification.
This subsection does not apply to modification of parole conditions
after a revocation proceeding under section 10 of this chapter.
(e) As a condition of parole, the parole board may require the
parolee to reside in a particular parole area. In determining a parolee's
residence requirement, the parole board shall:
(1) consider:
(A) the residence of the parolee prior to the parolee's
incarceration; and
(B) the parolee's place of employment; and
(2) assign the parolee to reside in the county where the parolee
resided prior to the parolee's incarceration unless assignment on
this basis would be detrimental to the parolee's successful
reintegration into the community.
(f) As a condition of parole, the parole board may require the
parolee to:
(1) periodically undergo a laboratory chemical test (as defined in
IC 14-15-8-1 IC 9-13-2-22) or series of tests to detect and
confirm the presence of a controlled substance (as defined in
IC 35-48-1-9); and
(2) have the results of any test under this subsection reported to
the parole board by the laboratory.
The parolee is responsible for any charges resulting from a test
required under this subsection. However, a person's parole may not be
revoked on the basis of the person's inability to pay for a test under this
subsection.
(g) As a condition of parole, the parole board:
(1) may require a parolee who is a sex offender (as defined in
IC 11-8-8-4.5) to:
(A) participate in a treatment program for sex offenders
approved by the parole board; and
(B) avoid contact with any person who is less than sixteen (16)
years of age unless the parolee:
(i) receives the parole board's approval; or
(ii) successfully completes the treatment program referred to
in clause (A); and
(2) shall:
(A) require a parolee who is a sex or violent offender (as
defined in IC 11-8-8-5) to register with a local law
enforcement authority under IC 11-8-8;
(B) prohibit a parolee who is a sex offender from residing
within one thousand (1,000) feet of school property (as defined
in IC 35-41-1-24.7) for the period of parole, unless the sex
offender obtains written approval from the parole board;
(C) prohibit a parolee who is a sex offender convicted of a sex
offense (as defined in IC 35-38-2-2.5) from residing within
one (1) mile of the victim of the sex offender's sex offense
unless the sex offender obtains a waiver under IC 35-38-2-2.5;
(D) prohibit a parolee who is a sex offender from owning,
operating, managing, being employed by, or volunteering at
any attraction designed to be primarily enjoyed by children
less than sixteen (16) years of age;
(E) require a parolee who is a sex offender to consent:
(i) to the search of the sex offender's personal computer at
any time; and
(ii) to the installation on the sex offender's personal
computer or device with Internet capability, at the sex
offender's expense, of one (1) or more hardware or software
systems to monitor Internet usage; and
(F) prohibit the sex offender from:
(i) accessing or using certain web sites, chat rooms, or
instant messaging programs frequented by children; and
(ii) deleting, erasing, or tampering with information on the
sex offender's personal computer with intent to conceal an
activity prohibited by item (i).
The parole board may not grant a sexually violent predator (as defined
in IC 35-38-1-7.5) or a sex offender who is an offender against children
under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the
parole board allows the sex offender to reside within one thousand
(1,000) feet of school property under subdivision (2)(B), the parole
board shall notify each school within one thousand (1,000) feet of the
sex offender's residence of the order.
(h) The address of the victim of a parolee who is a sex offender
convicted of a sex offense (as defined in IC 35-38-2-2.5) is
confidential, even if the sex offender obtains a waiver under
IC 35-38-2-2.5.
(i) As a condition of parole, the parole board may require a parolee
to participate in a reentry court program.
(j) As a condition of parole, the parole board:
(1) shall require a parolee who is a sexually violent predator
under IC 35-38-1-7.5; and
(2) may require a parolee who is a sex or violent offender (as
defined in IC 11-8-8-5);
to wear a monitoring device (as described in IC 35-38-2.5-3) that can
transmit information twenty-four (24) hours each day regarding a
person's precise location, subject to the amount appropriated to the
department for a monitoring program as a condition of parole.
(k) As a condition of parole, the parole board may prohibit, in
accordance with IC 35-38-2-2.6, a parolee who has been convicted of
stalking from residing within one thousand (1,000) feet of the residence
of the victim of the stalking for a period that does not exceed five (5)
years.
(l) As a condition of parole, the parole board may prohibit a parolee
convicted of an offense under IC 35-46-3 from owning, harboring, or
training an animal, and, if the parole board prohibits a parolee
convicted of an offense under IC 35-46-3 from having direct or indirect
contact with an individual, the parole board may also prohibit the
parolee from having direct or indirect contact with any animal
belonging to the individual.
(m) A parolee may be responsible for the reasonable expenses, as
determined by the department, of the parolee's participation in a
treatment or other program required as a condition of parole under this
section. However, a person's parole may not be revoked solely on the
basis of the person's inability to pay for a program required as a
condition of parole under this section.
2012]. Sec. 40. "Chemical test", for purposes of IC 14-15-8, has the
meaning set forth in IC 14-15-8-1.
(before its repeal), IC 35-46-9, or IC 14-15-12.
(b) In suspending or revoking a driver's license under this section,
the bureau shall follow the procedure set forth in IC 9-30-4.
permission to leave by the court or by the person's probation
officer.
(12) Answer all reasonable inquiries by the court or the person's
probation officer and promptly notify the court or probation
officer of any change in address or employment.
(13) Perform uncompensated work that benefits the community.
(14) Satisfy other conditions reasonably related to the person's
rehabilitation.
(15) Undergo home detention under IC 35-38-2.5.
(16) Undergo a laboratory test or series of tests approved by the
state department of health to detect and confirm the presence of
the human immunodeficiency virus (HIV) antigen or antibodies
to the human immunodeficiency virus (HIV), if:
(A) the person had been convicted of an offense relating to a
criminal sexual act and the offense created an
epidemiologically demonstrated risk of transmission of the
human immunodeficiency virus (HIV); or
(B) the person had been convicted of an offense relating to a
controlled substance and the offense involved:
(i) the delivery by any person to another person; or
(ii) the use by any person on another person;
of a contaminated sharp (as defined in IC 16-41-16-2) or other
paraphernalia that creates an epidemiologically demonstrated
risk of transmission of HIV by involving percutaneous contact.
(17) Refrain from any direct or indirect contact with an individual
and, if convicted of an offense under IC 35-46-3, any animal
belonging to the individual.
(18) Execute a repayment agreement with the appropriate
governmental entity or with a person for reasonable costs incurred
because of the taking, detention, or return of a missing child (as
defined in IC 10-13-5-4).
(19) Periodically undergo a laboratory chemical test (as defined
in IC 14-15-8-1 IC 9-13-2-22) or series of chemical tests as
specified by the court to detect and confirm the presence of a
controlled substance (as defined in IC 35-48-1-9). The person on
probation is responsible for any charges resulting from a test and
shall have the results of any test under this subdivision reported
to the person's probation officer by the laboratory.
(20) If the person was confined in a penal facility, execute a
reimbursement plan as directed by the court and make repayments
under the plan to the authority that operates the penal facility for
all or part of the costs of the person's confinement in the penal
facility. The court shall fix an amount that:
(A) may not exceed an amount the person can or will be able
to pay;
(B) does not harm the person's ability to reasonably be self
supporting or to reasonably support any dependent of the
person; and
(C) takes into consideration and gives priority to any other
restitution, reparation, repayment, or fine the person is
required to pay under this section.
(21) Refrain from owning, harboring, or training an animal.
(22) Participate in a reentry court program.
(b) When a person is placed on probation, the person shall be given
a written statement specifying:
(1) the conditions of probation; and
(2) that if the person violates a condition of probation during the
probationary period, a petition to revoke probation may be filed
before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(c) As a condition of probation, the court may require that the
person serve a term of imprisonment in an appropriate facility at the
time or intervals (consecutive or intermittent) within the period of
probation the court determines.
(d) Intermittent service may be required only for a term of not more
than sixty (60) days and must be served in the county or local penal
facility. The intermittent term is computed on the basis of the actual
days spent in confinement and shall be completed within one (1) year.
A person does not earn credit time while serving an intermittent term
of imprisonment under this subsection. When the court orders
intermittent service, the court shall state:
(1) the term of imprisonment;
(2) the days or parts of days during which a person is to be
confined; and
(3) the conditions.
(e) Supervision of a person may be transferred from the court that
placed the person on probation to a court of another jurisdiction, with
the concurrence of both courts. Retransfers of supervision may occur
in the same manner. This subsection does not apply to transfers made
under IC 11-13-4 or IC 11-13-5.
(f) When a court imposes a condition of probation described in
subsection (a)(17):
person.
(b) A law enforcement officer may offer a person more than one
(1) portable breath test or chemical test under this section.
However, all chemical tests must be administered within three (3)
hours after the fatal accident or the accident involving serious
bodily injury.
(c) It is not necessary for a law enforcement officer to offer a
portable breath test or chemical test to an unconscious person.
Sec. 11. (a) If a chemical test results in relevant evidence that
the person is intoxicated, the person may be arrested for an offense
under this chapter.
(b) If a chemical test results in prima facie evidence that the
person is intoxicated, the person shall be arrested for an offense
under this chapter.
(c) A person who refuses to submit to a chemical test may be
arrested for an offense under this chapter.
(d) At a proceeding under this chapter, a person's refusal to
submit to a chemical test is admissible into evidence.
Sec. 12. (a) The provisions of IC 9-30-6-5 concerning the
certification and use of chemical breath tests apply to the use of
chemical breath tests in a prosecution under this chapter.
(b) IC 9-30-6-6 applies to chemical tests performed under this
chapter.
Sec. 13. If a person refuses to submit to a chemical test under
this chapter, the law enforcement officer shall inform the person
that the person's refusal will result in the suspension of the
person's motorboat and motor vehicle operation privileges.
Sec. 14. The prosecuting attorney of the county in which an
alleged violation of this chapter occurs shall represent the state in
a proceeding under this chapter.
Sec. 15. (a) At a proceeding concerning an offense under this
chapter, evidence of the alcohol concentration that was in the blood
of the person charged with the offense;
(1) at the time of the alleged violation; or
(2) within the time allowed for testing under sections 9 and 10
of this chapter;
as shown by an analysis of the person's breath, blood, urine, or
other bodily substance is admissible.
(b) If, in a prosecution for an offense under this chapter,
evidence establishes that:
(1) a chemical test was performed on a test sample taken from
the person charged with the offense within the time allowed
for testing under sections of 9 and 10 this chapter; and
(2) the person charged with the offense had an alcohol
concentration equivalent to at least 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;
the trier of fact shall presume that the person charged with the
offense had an alcohol concentration equivalent to at least
eight-hundredths (0.08) gram of alcohol per one hundred (100)
milliliters of the person's blood or per two hundred ten (210) liters
of the person's breath at the time the person operated the
motorboat. However, this presumption is rebuttable.