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Legislative Update

Impaired driving offenses

February 2, 2018 Filed Under: Criminal, Traffic

The Senate Corrections and Criminal Law Committee heard SB 404 on impaired driving offenses, authored by Sen. Koch.  The bill does the following:

  • changes the term “under” to “in accordance with” in certain statutes concerning defenses involving the use of valid prescriptions while operating a motor vehicle
  • creates the offense of operating a vehicle while intoxicated causing moderate bodily injury
  • raises the penalties for offenses involving operating a vehicle while intoxicated causing injuries or death
  • removes the minimum age requirement for a person to be convicted of operating a vehicle while intoxicated causing death
  • increases the penalties for leaving the scene of an accident
  • provides that a person operating a vehicle involved in an accident is subject to conviction of impaired driving offenses
  • provides that a person operating a vehicle involved in an accident is subject to conviction of a separate offense for each person whose bodily injury or death is a result of the accident

a separate offense for each person whose bodily injury or death is a result of the accident
The bill was amended by consent to remove the sentence enhancements.  The Indiana Prosecuting Attorneys Council supported the bill and the Indiana Public Defender Council opposed the bill.  The bill passed as amended 9-0.
Read the bill at http://iga.in.gov/legislative/2018/bills/senate/404

Filed Under: Criminal, Traffic Tagged With: motor vehicle, new crime, sentencing

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