Second Regular Session 117th General Assembly (2012)
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SENATE ENROLLED ACT No. 274
AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 7.1-1-3-19.7; (12)SE0274.1.1. -->
SECTION 1. IC 7.1-1-3-19.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 19.7. "Law enforcement officer",
for purposes of IC 7.1-5-1-6.5, has the meaning set forth in
SOURCE: IC 7.1-5-1-3; (12)SE0274.1.2. -->
SECTION 2. IC 7.1-5-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. Subject to section
6.5 of this chapter, it is a Class B misdemeanor for a person to be in
a public place or a place of public resort in a state of intoxication
caused by the person's use of alcohol or a controlled substance (as
defined in IC 35-48-1-9).
SOURCE: IC 7.1-5-1-6; (12)SE0274.1.3. -->
SECTION 3. IC 7.1-5-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. Subject to section
6.5 of this chapter, it is a Class B misdemeanor for a person to be, or
to become, intoxicated as a result of the person's use of alcohol or a
controlled substance (as defined in IC 35-48-1-9) in or upon a vehicle
commonly used for the public transportation of passengers, or in or
upon a common carrier, or in or about a depot, station, airport, ticket
office, waiting room or platform.
SOURCE: IC 7.1-5-1-6.5; (12)SE0274.1.4. -->
SECTION 4. IC 7.1-5-1-6.5 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 6.5. (a) A law enforcement officer may not take a
person into custody based solely on the commission of an offense
involving alcohol described in subsection (b) if the law enforcement
officer, after making a reasonable determination and considering
the facts and surrounding circumstances, reasonably believes that
all of the following apply:
(1) The law enforcement officer has contact with the person
because the person either:
(A) requested emergency medical assistance; or
(B) acted in concert with another person who requested
emergency medical assistance;
for an individual who reasonably appeared to be in need of
medical assistance due to alcohol consumption.
(2) The person described in subdivision (1)(A) or (1)(B):
(i) the person's full name; and
(ii) any other relevant information requested by the law
(B) remained at the scene with the individual who
reasonably appeared to be in need of medical assistance
due to alcohol consumption until emergency medical
assistance arrived; and
(C) cooperated with emergency medical assistance
personnel and law enforcement officers at the scene.
(b) A person who meets the criteria of subsection (a)(1) and
(a)(2) is immune from criminal prosecution for an offense under:
(1) section 3 of this chapter if the offense involved a state of
intoxication caused by the person's use of alcohol;
(2) section 6 of this chapter if the offense involved the person
being, or becoming, intoxicated as a result of the person's use
of alcohol; and
(3) IC 7.1-5-7-7.
(c) A person may not initiate or maintain an action against a law
enforcement officer based on the officer's compliance or failure to
comply with this section.
SOURCE: IC 7.1-5-7-7; (12)SE0274.1.5. -->
SECTION 5. IC 7.1-5-7-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) Subject to
it is a Class C misdemeanor for a minor to knowingly:
(1) possess an alcoholic beverage;
(2) consume it; or
(3) transport it on a public highway when not accompanied by at
least one (1) of his parents or guardians.
(b) If a minor is found to have violated subsection (a) while
operating a motor vehicle, the court may order the minor's driver's
license suspended for up to one (1) year. However, if the minor is less
than eighteen (18) years of age, the court shall order the minor's driver's
license suspended for at least sixty (60) days.
(c) The court shall deliver any order suspending the minor's driver's
license under this section to the bureau of motor vehicles, which shall
suspend the minor's driver's license under IC 9-24-18-12 for the period
ordered by the court.
SEA 274 _ Concur
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