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Legislative Update

Traffic crimes

March 29, 2019 Filed Under: Traffic

The House Courts and Criminal Code Committee heard SB 186 on traffic crimes, sponsored by Rep. McNamara. This bill provides:

  • an operator of a motor vehicle who operates a motor vehicle after the operator’s driving privileges have been suspended or revoked and causes an accident that results in injury or death to another person commits a separate offense for each person injured or killed as a result of an accident caused by the operator.
  • an operator of a motor vehicle who leaves the scene of an accident that was caused by the operator and involves injury to another person commits a separate offense for each person injured by an accident caused by the operator.
  • leaving the scene of an accident involving moderate bodily injury is a Level 6 felony.
  • the penalty for leaving the scene of an accident involving the death or catastrophic injury of another person a Level 4 felony.
  • the penalty for causing serious bodily injury when operating a motor vehicle while intoxicated is increased from a Level 6 felony to a Level 5 felony and enhances the penalty for the offense to a Level 4 felony if the person has a previous conviction for the offense.
  • the penalty for causing the death or catastrophic injury of another person when operating a motor vehicle while intoxicated a Level 4 felony in certain instances.
  • an operator of a motor vehicle who is a habitual traffic violator and causes an accident that results in the injury or death of another person commits a separate offense for each person injured or killed as a result of an accident caused by the operator.
  • multiple sentences for the offense are allowed to be served consecutively in certain instances.
  • the operator of a motor vehicle who flees from a law enforcement officer and causes an accident resulting in bodily injury, serious bodily injury, catastrophic injury, or death of another person commits a separate offense for each person injured or killed as a result of the operator’s vehicular flight from police.
  • multiple sentences for the offense are allowed to be served consecutively in certain instances.
  • a definition for “catastrophic injury” and increases the penalty for certain offenses involving catastrophic injuries.
  • “metabolites” refers to metabolites in a person’s blood.

A representative from Indiana Prosecuting Attorneys Council testified in favor of the bill. A technical amendment was adopted by consent. The amended bill passed 10-1.
Read the bill here: http://iga.in.gov/legislative/2019/bills/senate/186

Filed Under: Traffic Tagged With: operating while intoxicated, sentencing

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