Bill Text: IN SB0221 | 2012 | Regular Session | Introduced
Bill Title: Vehicular crimes in highway work zones.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0221 Detail]
Download: Indiana-2012-SB0221-Introduced.html
Introduced Version
SENATE BILL No. 221
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-21-8-56; IC 9-26-2-2; IC 35-42-1-4.
Synopsis: Vehicular crimes in highway work zones. Increases
penalties for certain vehicular crimes committed in a highway work
zone. Requires a law enforcement officer to forward to the prosecuting
attorney a written report regarding certain accidents that occur in
highway work zones. Removes penalty adjustments for involuntary
manslaughter that involves the use of a motor vehicle.
Effective: July 1, 2012.
Buck
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
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SENATE BILL No. 221
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-21-8-56; (12)IN0221.1.1. -->
SECTION 1. IC 9-21-8-56, AS AMENDED BY P.L.66-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 56. (a) For purposes of this section, "highway
work zone" has the meaning set forth in IC 8-23-2-15.
(b) Except as provided in subsections (f) through (h), a person who recklessly operates a vehicle in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
(c) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly operates a motor vehicle in the immediate vicinity of a highway work zone when workers are present with the intent to:
(1) damage traffic control devices; or
(2) inflict bodily injury on a worker;
commits aClass A misdemeanor. Class D felony.
(d) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly engages in:
(1) aggressive driving, as defined in section 55 of this chapter; or
(2) a speed contest, as prohibited under IC 9-21-6-1;
in the immediate vicinity of a highway work zone when workers are present commits aClass A misdemeanor. Class D felony.
(e) Except as provided in subsections (f) through (h), a person who recklessly fails to obey a traffic control device or flagman, as prohibited under section 41 of this chapter, in the immediate vicinity of a highway work zone when workers are present commits aClass A
misdemeanor. Class D felony.
(f) An offense under subsection (b), (c), (d), or (e) is aClass D
Class C felony if the person who commits the offense:
(1) has a prior unrelated conviction under this section in the previous five (5) years; or
(2) is operating the vehicle in violation of IC 9-30-5-1 or IC 9-30-5-2.
(g) An offense under subsection (b), (c), (d), or (e) is aClass D
Class C felony if the offense results in bodily injury to a worker in the
worksite.
(h) An offense under subsection (b), (c), (d), or (e) is aClass C
Class B felony if the offense results in the death of a worker in the
worksite.
(i) A person who knowingly, intentionally, or recklessly engages in an act described in section 55(b)(1), 55(b)(2), 55(b)(3), 55(b)(4), 55(b)(5), or 55(b)(6) of this chapter in the immediate vicinity of a highway work zone when workers are present commits aClass B Class
A infraction. Notwithstanding IC 34-28-5-5(c), the funds collected as
judgments for an infraction under this subsection shall be transferred
to the Indiana department of transportation to pay the costs of hiring off
duty police officers to perform the duties described in IC 8-23-2-15(b).
(b) Except as provided in subsections (f) through (h), a person who recklessly operates a vehicle in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
(c) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly operates a motor vehicle in the immediate vicinity of a highway work zone when workers are present with the intent to:
(1) damage traffic control devices; or
(2) inflict bodily injury on a worker;
commits a
(d) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly engages in:
(1) aggressive driving, as defined in section 55 of this chapter; or
(2) a speed contest, as prohibited under IC 9-21-6-1;
in the immediate vicinity of a highway work zone when workers are present commits a
(e) Except as provided in subsections (f) through (h), a person who recklessly fails to obey a traffic control device or flagman, as prohibited under section 41 of this chapter, in the immediate vicinity of a highway work zone when workers are present commits a
(f) An offense under subsection (b), (c), (d), or (e) is a
(1) has a prior unrelated conviction under this section in the previous five (5) years; or
(2) is operating the vehicle in violation of IC 9-30-5-1 or IC 9-30-5-2.
(g) An offense under subsection (b), (c), (d), or (e) is a
(h) An offense under subsection (b), (c), (d), or (e) is a
(i) A person who knowingly, intentionally, or recklessly engages in an act described in section 55(b)(1), 55(b)(2), 55(b)(3), 55(b)(4), 55(b)(5), or 55(b)(6) of this chapter in the immediate vicinity of a highway work zone when workers are present commits a
SOURCE: IC 9-26-2-2; (12)IN0221.1.2. -->
SECTION 2. IC 9-26-2-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 2. (a) For purposes of this section,
"highway work zone" has the meaning set forth in IC 8-23-2-15.
(b) A law enforcement officer shall forward a written report of each accident investigated under section 1 of this chapter to the state police department within twenty-four (24) hours after completing the investigation. The report must contain, if possible, the following information:
(1) The name and address of the owner and operator of each vehicle involved in the accident.
(2) The license number and description of each vehicle involved in the accident.
(3) The time and place the accident occurred.
(4) The name and address of each person injured or killed in the
(b) A law enforcement officer shall forward a written report of each accident investigated under section 1 of this chapter to the state police department within twenty-four (24) hours after completing the investigation. The report must contain, if possible, the following information:
(1) The name and address of the owner and operator of each vehicle involved in the accident.
(2) The license number and description of each vehicle involved in the accident.
(3) The time and place the accident occurred.
(4) The name and address of each person injured or killed in the
accident.
(5) The name and address of each witness to the accident.
(c) A law enforcement officer shall forward a written report of
each accident investigated under section 1(1) of this chapter that
occurred in a highway work zone to the prosecuting attorney
within twenty-four (24) hours after completing the investigation.
SOURCE: IC 35-42-1-4; (12)IN0221.1.3. -->
SECTION 3. IC 35-42-1-4, AS AMENDED BY P.L.7-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) As used in this section, "child care provider"
means a person who provides child care in or on behalf of:
(1) a child care center (as defined in IC 12-7-2-28.4); or
(2) a child care home (as defined in IC 12-7-2-28.6);
regardless of whether the child care center or child care home is licensed.
(b) As used in this section, "fetus" means a fetus that has attained viability (as defined in IC 16-18-2-365).
(c) A person who kills another human being while committing or attempting to commit:
(1) a Class C or Class D felony that inherently poses a risk of serious bodily injury;
(2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or
(3) battery;
commits involuntary manslaughter, a Class C felony.However, if the
killing results from the operation of a vehicle, the offense is a Class D
felony.
(d) A person who kills a fetus while committing or attempting to commit:
(1) a Class C or Class D felony that inherently poses a risk of serious bodily injury;
(2) a Class A misdemeanor that inherently poses a risk of serious bodily injury;
(3) battery; or
(4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated);
commits involuntary manslaughter, a Class C felony.However, if the
killing results from the operation of a vehicle, the offense is a Class D
felony.
(e) If:
(1) a child care provider recklessly supervises a child; and
(2) the child dies as a result of the child care provider's reckless supervision;
the child care provider commits involuntary manslaughter, a Class D felony.
(1) a child care center (as defined in IC 12-7-2-28.4); or
(2) a child care home (as defined in IC 12-7-2-28.6);
regardless of whether the child care center or child care home is licensed.
(b) As used in this section, "fetus" means a fetus that has attained viability (as defined in IC 16-18-2-365).
(c) A person who kills another human being while committing or attempting to commit:
(1) a Class C or Class D felony that inherently poses a risk of serious bodily injury;
(2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or
(3) battery;
commits involuntary manslaughter, a Class C felony.
(d) A person who kills a fetus while committing or attempting to commit:
(1) a Class C or Class D felony that inherently poses a risk of serious bodily injury;
(2) a Class A misdemeanor that inherently poses a risk of serious bodily injury;
(3) battery; or
(4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated);
commits involuntary manslaughter, a Class C felony.
(e) If:
(1) a child care provider recklessly supervises a child; and
(2) the child dies as a result of the child care provider's reckless supervision;
the child care provider commits involuntary manslaughter, a Class D felony.
