Bill Text: IN SB0247 | 2010 | Regular Session | Amended
Bill Title: Ignition interlock devices.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Engrossed - Dead) 2010-02-08 - First reading: referred to Committee on Judiciary [SB0247 Detail]
Download: Indiana-2010-SB0247-Amended.html
Citations Affected: IC 9-30.
Synopsis: Ignition interlock devices. Provides that, in addition to any
other criminal sentence imposed by a court, a court may prohibit a
person convicted of operating while intoxicated from operating a motor
vehicle for at least 90 days if the vehicle is not equipped with an
ignition interlock device. Specifies that the court's authority to require
an ignition interlock device as part of a sentence does not affect the
requirements concerning ignition interlock devices required as a
condition of receiving a probationary license. Makes conforming
amendments. Repeals superseded provisions.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Judiciary.
January 28, 2010, amended, reported favorably _ Do Pass.
February 1, 2010, read second time, amended, ordered engrossed.
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A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
(b) Except as provided in subsection (c), a person who knowingly assists another person who is restricted to the use of an ignition interlock device to violate a court order issued under this chapter commits a Class A misdemeanor.
(c) Subsection (b) does not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device:
(1) is done for the purpose of safety or mechanical repair of the device or the vehicle; and
(2) the restricted person does not operate the vehicle.
(d) A person who, except in an emergency, knowingly rents, leases, or loans a motor vehicle that is not equipped with a functioning ignition interlock device to a person who is restricted under a court order to the
use of a vehicle with an ignition interlock device commits a Class A
infraction.
(e) A person who is subject to an ignition interlock device
restriction and drives another vehicle in an emergency situation must
notify the court of the emergency within twenty-four (24) hours.
(b) As used in this section, "impaired driving offense" means an offense described in sections 1 through 5 of this chapter.
(c) In addition to any sentence imposed on a person for a felony or a misdemeanor, a court may prohibit a person convicted of an impaired driving offense from operating a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8. The court may prohibit a person convicted of an impaired driving offense from operating a motor vehicle not equipped with a functioning certified ignition interlock device for at least ninety (90) days.
(d) The prohibition period described in subsection (c) may begin, if applicable, before a period of incarceration or after a period of incarceration as long as the suspension otherwise complies with the periods established in this section. This subsection does not prohibit a court from imposing a separate ignition interlock device requirement as a condition of pretrial release or in accordance with IC 9-30-6-8. However, any period during which the person operated a motor vehicle with an ignition interlock device installed as a condition of pretrial release or under IC 9-30-6-8 does not count against the prohibition period described in subsection (c).
(e) A person prohibited from operating a motor vehicle without having an ignition interlock device installed shall pay the cost of installation and monitoring unless the court determines that the person is indigent.
(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 that a person tampering with or misusing the device is subject to a civil penalty.
