H.E.A. 1249, P.L. 158-2026
Effective: July 1, 2026
- Provides that if a person has one prior OWI conviction, the court shall order that the person be imprisoned for at least 10 days or perform community service, and if a person has two prior OWI convictions, the court shall order that the person be imprisoned for at least 20 days or perform community service.
- Provides that a person receives good time credit while serving a sentence imposed under this statute (under current law, a person does not receive good time credit).
- Provides that this statute does not increase the maximum sentence for the offense as provided by either IC 35-50-2 or IC 35-50-3.
- Specifies that “vehicle”, for purposes of the crime of operating while intoxicated, includes a watercraft, and repeals the separate crime of operating a motorboat while intoxicated.
- Provides that an initial hearing may be waived and allows a person to apply for a specialized driving privilege after an initial hearing.
- Adds operating while intoxicated due to use of a controlled substance to the habitual traffic violator statute.
- Requires a law enforcement officer to offer a chemical test that includes a blood test to any person who the officer has reason to believe operated a vehicle that was involved in a fatal accident.
- Specifies that ignition interlock devices may only be used when the underlying offense is operating while intoxicated resulting from the use of alcohol.
- Increases the penalty for battery on certain health care employees and school employees.
- Specifies that the enhancement for battery committed against a department of child services (DCS) employee applies only to those DCS employees whose responsibilities include personally supervising a child or parent, personally providing services to a child or parent, or personally interviewing a child or parent as part of an investigation.
- Requires the employer of a health care or school employee who is the victim of battery to make a semiannual report to the department of labor concerning workplace batteries.
- Provides that certain uses of a drone constitute remote aerial harassment.
- Specifies that a child charged with dangerous possession of a firearm may be tried by a juvenile court under certain circumstances.
- Makes dangerous possession of a firearm a Level 5 felony if the child: (1) has a prior conviction for unlawful carrying of a handgun; or (2) possesses the firearm on school property, within 500 feet of a school, or on a school bus.
Read the bill at: https://iga.in.gov/legislative/2026/bills/house/1249/