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Monday, January 30, 2012

Ind. Law - Legislation to Narrow the Scope of Indiana’s Public Intoxication Law Approved by Senate, Moves to House

From a news release:

STATEHOUSE (Jan. 30, 2012) – Senate lawmakers approved legislation authored by Sen. Mike Young (R-Indianapolis) that would narrow the scope of Indiana’s public intoxication law. Senate Bill 97 passed by a vote of 30-20 and moves to the House of Representatives for further action.

Young’s legislation states that individuals may not be convicted of public intoxication unless they endanger their own life, someone else’s life or is likely to disturb the peace or create a disturbance.

“Indiana is one of only five states with a public intoxication law that only requires a person to have consumed alcohol to be charged with the offense, with no regard to the situation,” Young said. “Our current law is too vague and allows Hoosiers to be charged with a crime even if they do the right thing and get a ride or try to walk home. That’s not fair and this bill aims to protect those individuals.”

Young said SB 97 would address a recent Indiana Supreme Court case known as Moore v. State, in which the court reinstated the public intoxication conviction of an Indianapolis woman who was a passenger in her car being driven by a sober designated driver.

For background see this ILB entry from Jan. 9, 2012 that includes references to: "That [ruling] could pull over every single taxi in Broad Ripple," about the Supreme Court's June 24, 2011 opinion in Brenda Moore v. State of Indiana.

Posted by Marcia Oddi on January 30, 2012 07:53 PM
Posted to Indiana Law