Bill Text: IN SB0286 | 2010 | Regular Session | Introduced
Bill Title: Ignition interlock devices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0286 Detail]
Download: Indiana-2010-SB0286-Introduced.html
Citations Affected: IC 9-30.
Synopsis: Ignition interlock devices. Requires a court to prohibit a
person convicted of operating while intoxicated from operating a motor
vehicle that is not equipped with an ignition interlock device for the
remainder of the person's life if the person has a prior conviction for
operating while intoxicated within 10 years before the current
conviction. Makes conforming amendments. Repeals superseded
provision.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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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Conflict reconciliation: Text in a statute in this style type or
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) 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); or
(4) IC 14-15-8-8(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.
(b) An order granting probationary driving privileges:
(1) under
(2) to a person who has a prior unrelated conviction for an offense under this chapter of which the consumption of alcohol is an element;
must prohibit the person from operating a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8. However, except as provided in section 18 of this chapter, a court is not required to order the installation of an ignition interlock device for a person described in subdivision (1) or (2) 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.
(c) A court may not order the installation of an ignition interlock device on a vehicle operated by an employee to whom any of the following apply:
(1) Has been convicted of violating section 1 or 2 of this chapter.
(2) Is employed as the operator of a vehicle owned, leased, or provided by the employee's employer.
(3) Is subject to a labor agreement that prohibits an employee who is convicted of an alcohol related offense from operating the employer's vehicle.
(b) If a person has, within the ten (10) years preceding the conviction under consideration, a previous conviction for an impaired driving offense, the court shall, in addition to any sentence imposed on a person for a felony or a misdemeanor, prohibit the person from operating a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8 for the remainder of the person's life.
(c) 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.
a minimum that the device meets the following requirements:
(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.
