IC 12-23-5
Chapter 5. Conditional Deferment of Judicial Proceedings After
Commission of Misdemeanor or Infraction
IC 12-23-5-0.5 Applicability after June 30, 2005
Sec. 0.5. After June 30, 2005, this chapter does not apply to a
person who:
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation of
a motor vehicle in accordance with the federal Motor Carrier
Safety Improvement Act of 1999 (MCSIA) (Public Law
106-159.113 Stat. 1748). As added by P.L.219-2003, SEC.10.
IC 12-23-5-1 Judicial notice of rehabilitative or other treatment
Sec. 1. In a criminal proceeding for a misdemeanor or infraction
in which:
(1) the use or abuse of alcohol, drugs, or harmful substances is
a contributing factor or a material element of the offense; or
(2) the defendant's mental illness other than substance abuse, is
a contributing factor;
the court may take judicial notice of the fact that proper early
intervention, medical, advisory, or rehabilitative treatment of the
defendant is likely to decrease the defendant's tendency to engage in
antisocial behavior. As added by P.L.2-1992, SEC.17. Amended by P.L.224-2003,
SEC.125; P.L.85-2004, SEC.4.
IC 12-23-5-2 Deferral of prosecution; order requiring treatment; conditions
Sec. 2. (a) Subject to section 8 of this chapter, before conviction
a court may, with the consent of the defendant and the prosecuting
attorney, conditionally defer the proceedings described in section 1
of this chapter for up to one (1) year.
(b) The court may do the following:
(1) Order the defendant to satisfactorily complete an alcohol
and drug services treatment program if the court makes a
determination under section 1(1) of this chapter.
(2) Order the defendant to undergo treatment for the defendant's
mental illness if the court makes a determination under section
1(2) of this chapter.
(3) Impose other appropriate conditions upon the defendant. As added by P.L.2-1992, SEC.17.
IC 12-23-5-3 Violation of condition; resumption of criminal proceedings
Sec. 3. If a defendant violates a condition imposed by the court,
the court may order the criminal proceedings to be resumed.
As added by P.L.2-1992, SEC.17.
IC 12-23-5-4 Fulfillment of conditions; dismissal of charges
Sec. 4. Except as provided in section 8 of this chapter, if a
defendant fulfills the conditions set by the court, the court shall
dismiss the charges against the defendant. As added by P.L.2-1992, SEC.17.
IC 12-23-5-5 Conditional deferral of charges under IC 9-30-5; suspension of
driving privileges; probationary driving privileges; ignition
interlock device
Sec. 5. (a) Subject to subsection (b), if a court enters an order
conditionally deferring charges that involve a violation of IC 9-30-5,
the court shall do the following:
(1) Suspend the defendant's driving privileges for at least ninety
(90) days but not more than two (2) years.
(2) Impose other appropriate conditions.
(b) A defendant may be granted probationary driving privileges
only after the defendant's license has been suspended for at least
thirty (30) days under IC 9-30-6-9.
(c) If a defendant has at least one (1) conviction for an offense
under IC 9-30-5, the order granting probationary driving privileges
under subsection (b) must, in a county that provides for the
installation of an ignition interlock device under IC 9-30-8, prohibit
the defendant from operating a motor vehicle unless the motor
vehicle is equipped with a functioning certified ignition interlock
device under IC 9-30-8.
(d) If a defendant does not have a prior conviction for an offense
under IC 9-30-5, the court may, as an alternative to a license
suspension under subsection (a)(1), issue an order prohibiting the
defendant from operating a motor vehicle unless the motor vehicle
is equipped with a functioning certified ignition interlock device
under IC 9-30-8. An order requiring an ignition interlock device must
remain in effect for at least two (2) years but not more than four (4)
years. As added by P.L.2-1992, SEC.17. Amended by P.L.76-2004, SEC.21.
IC 12-23-5-5.5 Offenses; operating motor vehicle without ignition interlock device
Sec. 5.5. (a) A person commits a Class B infraction if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) is prohibited from operating a motor vehicle unless the
motor vehicle is equipped with a functioning certified ignition
interlock device under section 5(d) of this chapter.
(b) A person commits a Class B misdemeanor if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) knows the person is prohibited from operating a motor
vehicle unless the motor vehicle is equipped with a functioning
certified ignition interlock device under section 5(d) of this
chapter. As added by P.L.76-2004, SEC.22.
IC 12-23-5-6 Misdemeanor convictions; probation; referring defendant to
treatment or therapy program
Sec. 6. If a defendant is convicted in a proceeding described in
section 1 of this chapter and the court places the defendant on
probation, the court may do the following:
(1) Refer the defendant to an alcohol and drug services
treatment program if the court makes a determination under
section 1(1) of this chapter.
(2) Refer the defendant to an appropriate therapy program if the
court makes a determination under section 1(2) of this chapter.
(3) Require the defendant to undergo treatment as a condition
of probation. As added by P.L.2-1992, SEC.17.
IC 12-23-5-7 Exceptions to eligibility for deferral
Sec. 7. Prosecution may be deferred under sections 2 through 5 of
this chapter if a defendant has been charged with a misdemeanor or
infraction in which the use of alcohol or drugs was a contributing
factor or material element of the offense or the defendant's mental
illness was a contributing factor, unless at least one (1) of the
following exists:
(1) The offense involves death or serious bodily injury.
(2) The defendant has a record of at least two (2) prior
convictions of forcible felonies (as defined in IC 35-41-1).
(3) Other criminal proceedings, not arising out of the same
incident, alleging commission of a felony are pending against
the defendant.
(4) The defendant is on probation or parole and the appropriate
parole or probation authority does not consent to the defendant's
participation.
(5) The defendant fails to meet additional eligibility
requirements imposed by the court. As added by P.L.2-1992, SEC.17.
IC 12-23-5-8 Exception to eligibility for deferral; previous dismissal under this
chapter of charges of operating vehicle while intoxicated
Sec. 8. If:
(1) a defendant was previously charged under IC 9-4-1-54
(before its repeal September 1, 1983), IC 9-11-2 (before its
repeal July 1, 1991), or IC 9-30-5; and
(2) the previous charges were dismissed under this chapter;
the individual is not eligible to have subsequent charges under
IC 9-30-5 dismissed under this chapter. As added by P.L.2-1992, SEC.17.
IC 12-23-5-9 Programs in which defendants ordered to participate
Sec. 9. A court may not order a defendant or a convicted
individual to complete an alcohol and drug services treatment
program under section 2(b)(1) or 6(1) of this chapter unless the court
determines that the program in which the individual is to participate
is administered by a court under IC 12-23-14 or is certified by the
division of mental health and addiction. As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.41;
P.L.215-2001, SEC.62.
IC 12-23-5
Chapter 5. Conditional Deferment of Judicial Proceedings After
Commission of Misdemeanor or Infraction
IC 12-23-5-0.5 Applicability after June 30, 2005
Sec. 0.5. After June 30, 2005, this chapter does not apply to a
person who:
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation of
a motor vehicle in accordance with the federal Motor Carrier
Safety Improvement Act of 1999 (MCSIA) (Public Law
106-159.113 Stat. 1748). As added by P.L.219-2003, SEC.10.
IC 12-23-5-1 Judicial notice of rehabilitative or other treatment
Sec. 1. In a criminal proceeding for a misdemeanor or infraction
in which:
(1) the use or abuse of alcohol, drugs, or harmful substances is
a contributing factor or a material element of the offense; or
(2) the defendant's mental illness other than substance abuse, is
a contributing factor;
the court may take judicial notice of the fact that proper early
intervention, medical, advisory, or rehabilitative treatment of the
defendant is likely to decrease the defendant's tendency to engage in
antisocial behavior. As added by P.L.2-1992, SEC.17. Amended by P.L.224-2003,
SEC.125; P.L.85-2004, SEC.4.
IC 12-23-5-2 Deferral of prosecution; order requiring treatment; conditions
Sec. 2. (a) Subject to section 8 of this chapter, before conviction
a court may, with the consent of the defendant and the prosecuting
attorney, conditionally defer the proceedings described in section 1
of this chapter for up to one (1) year.
(b) The court may do the following:
(1) Order the defendant to satisfactorily complete an alcohol
and drug services treatment program if the court makes a
determination under section 1(1) of this chapter.
(2) Order the defendant to undergo treatment for the defendant's
mental illness if the court makes a determination under section
1(2) of this chapter.
(3) Impose other appropriate conditions upon the defendant. As added by P.L.2-1992, SEC.17.
IC 12-23-5-3 Violation of condition; resumption of criminal proceedings
Sec. 3. If a defendant violates a condition imposed by the court,
the court may order the criminal proceedings to be resumed.
As added by P.L.2-1992, SEC.17.
IC 12-23-5-4 Fulfillment of conditions; dismissal of charges
Sec. 4. Except as provided in section 8 of this chapter, if a
defendant fulfills the conditions set by the court, the court shall
dismiss the charges against the defendant. As added by P.L.2-1992, SEC.17.
IC 12-23-5-5 Conditional deferral of charges under IC 9-30-5; suspension of
driving privileges; probationary driving privileges; ignition
interlock device
Sec. 5. (a) Subject to subsection (b), if a court enters an order
conditionally deferring charges that involve a violation of IC 9-30-5,
the court shall do the following:
(1) Suspend the defendant's driving privileges for at least ninety
(90) days but not more than two (2) years.
(2) Impose other appropriate conditions.
(b) A defendant may be granted probationary driving privileges
only after the defendant's license has been suspended for at least
thirty (30) days under IC 9-30-6-9.
(c) If a defendant has at least one (1) conviction for an offense
under IC 9-30-5, the order granting probationary driving privileges
under subsection (b) must, in a county that provides for the
installation of an ignition interlock device under IC 9-30-8, prohibit
the defendant from operating a motor vehicle unless the motor
vehicle is equipped with a functioning certified ignition interlock
device under IC 9-30-8.
(d) If a defendant does not have a prior conviction for an offense
under IC 9-30-5, the court may, as an alternative to a license
suspension under subsection (a)(1), issue an order prohibiting the
defendant from operating a motor vehicle unless the motor vehicle
is equipped with a functioning certified ignition interlock device
under IC 9-30-8. An order requiring an ignition interlock device must
remain in effect for at least two (2) years but not more than four (4)
years. As added by P.L.2-1992, SEC.17. Amended by P.L.76-2004, SEC.21.
IC 12-23-5-5.5 Offenses; operating motor vehicle without ignition interlock device
Sec. 5.5. (a) A person commits a Class B infraction if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) is prohibited from operating a motor vehicle unless the
motor vehicle is equipped with a functioning certified ignition
interlock device under section 5(d) of this chapter.
(b) A person commits a Class B misdemeanor if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) knows the person is prohibited from operating a motor
vehicle unless the motor vehicle is equipped with a functioning
certified ignition interlock device under section 5(d) of this
chapter. As added by P.L.76-2004, SEC.22.
IC 12-23-5-6 Misdemeanor convictions; probation; referring defendant to
treatment or therapy program
Sec. 6. If a defendant is convicted in a proceeding described in
section 1 of this chapter and the court places the defendant on
probation, the court may do the following:
(1) Refer the defendant to an alcohol and drug services
treatment program if the court makes a determination under
section 1(1) of this chapter.
(2) Refer the defendant to an appropriate therapy program if the
court makes a determination under section 1(2) of this chapter.
(3) Require the defendant to undergo treatment as a condition
of probation. As added by P.L.2-1992, SEC.17.
IC 12-23-5-7 Exceptions to eligibility for deferral
Sec. 7. Prosecution may be deferred under sections 2 through 5 of
this chapter if a defendant has been charged with a misdemeanor or
infraction in which the use of alcohol or drugs was a contributing
factor or material element of the offense or the defendant's mental
illness was a contributing factor, unless at least one (1) of the
following exists:
(1) The offense involves death or serious bodily injury.
(2) The defendant has a record of at least two (2) prior
convictions of forcible felonies (as defined in IC 35-41-1).
(3) Other criminal proceedings, not arising out of the same
incident, alleging commission of a felony are pending against
the defendant.
(4) The defendant is on probation or parole and the appropriate
parole or probation authority does not consent to the defendant's
participation.
(5) The defendant fails to meet additional eligibility
requirements imposed by the court. As added by P.L.2-1992, SEC.17.
IC 12-23-5-8 Exception to eligibility for deferral; previous dismissal under this
chapter of charges of operating vehicle while intoxicated
Sec. 8. If:
(1) a defendant was previously charged under IC 9-4-1-54
(before its repeal September 1, 1983), IC 9-11-2 (before its
repeal July 1, 1991), or IC 9-30-5; and
(2) the previous charges were dismissed under this chapter;
the individual is not eligible to have subsequent charges under
IC 9-30-5 dismissed under this chapter. As added by P.L.2-1992, SEC.17.
IC 12-23-5-9 Programs in which defendants ordered to participate
Sec. 9. A court may not order a defendant or a convicted
individual to complete an alcohol and drug services treatment
program under section 2(b)(1) or 6(1) of this chapter unless the court
determines that the program in which the individual is to participate
is administered by a court under IC 12-23-14 or is certified by the
division of mental health and addiction. As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.41;
P.L.215-2001, SEC.62.
IC 12-23-5
Chapter 5. Conditional Deferment of Judicial Proceedings After
Commission of Misdemeanor or Infraction
IC 12-23-5-0.5 Applicability after June 30, 2005
Sec. 0.5. After June 30, 2005, this chapter does not apply to a
person who:
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation of
a motor vehicle in accordance with the federal Motor Carrier
Safety Improvement Act of 1999 (MCSIA) (Public Law
106-159.113 Stat. 1748). As added by P.L.219-2003, SEC.10.
IC 12-23-5-1 Judicial notice of rehabilitative or other treatment
Sec. 1. In a criminal proceeding for a misdemeanor or infraction
in which:
(1) the use or abuse of alcohol, drugs, or harmful substances is
a contributing factor or a material element of the offense; or
(2) the defendant's mental illness other than substance abuse, is
a contributing factor;
the court may take judicial notice of the fact that proper early
intervention, medical, advisory, or rehabilitative treatment of the
defendant is likely to decrease the defendant's tendency to engage in
antisocial behavior. As added by P.L.2-1992, SEC.17. Amended by P.L.224-2003,
SEC.125; P.L.85-2004, SEC.4.
IC 12-23-5-2 Deferral of prosecution; order requiring treatment; conditions
Sec. 2. (a) Subject to section 8 of this chapter, before conviction
a court may, with the consent of the defendant and the prosecuting
attorney, conditionally defer the proceedings described in section 1
of this chapter for up to one (1) year.
(b) The court may do the following:
(1) Order the defendant to satisfactorily complete an alcohol
and drug services treatment program if the court makes a
determination under section 1(1) of this chapter.
(2) Order the defendant to undergo treatment for the defendant's
mental illness if the court makes a determination under section
1(2) of this chapter.
(3) Impose other appropriate conditions upon the defendant. As added by P.L.2-1992, SEC.17.
IC 12-23-5-3 Violation of condition; resumption of criminal proceedings
Sec. 3. If a defendant violates a condition imposed by the court,
the court may order the criminal proceedings to be resumed.
As added by P.L.2-1992, SEC.17.
IC 12-23-5-4 Fulfillment of conditions; dismissal of charges
Sec. 4. Except as provided in section 8 of this chapter, if a
defendant fulfills the conditions set by the court, the court shall
dismiss the charges against the defendant. As added by P.L.2-1992, SEC.17.
IC 12-23-5-5 Conditional deferral of charges under IC 9-30-5; suspension of
driving privileges; probationary driving privileges; ignition
interlock device
Sec. 5. (a) Subject to subsection (b), if a court enters an order
conditionally deferring charges that involve a violation of IC 9-30-5,
the court shall do the following:
(1) Suspend the defendant's driving privileges for at least ninety
(90) days but not more than two (2) years.
(2) Impose other appropriate conditions.
(b) A defendant may be granted probationary driving privileges
only after the defendant's license has been suspended for at least
thirty (30) days under IC 9-30-6-9.
(c) If a defendant has at least one (1) conviction for an offense
under IC 9-30-5, the order granting probationary driving privileges
under subsection (b) must, in a county that provides for the
installation of an ignition interlock device under IC 9-30-8, prohibit
the defendant from operating a motor vehicle unless the motor
vehicle is equipped with a functioning certified ignition interlock
device under IC 9-30-8.
(d) If a defendant does not have a prior conviction for an offense
under IC 9-30-5, the court may, as an alternative to a license
suspension under subsection (a)(1), issue an order prohibiting the
defendant from operating a motor vehicle unless the motor vehicle
is equipped with a functioning certified ignition interlock device
under IC 9-30-8. An order requiring an ignition interlock device must
remain in effect for at least two (2) years but not more than four (4)
years. As added by P.L.2-1992, SEC.17. Amended by P.L.76-2004, SEC.21.
IC 12-23-5-5.5 Offenses; operating motor vehicle without ignition interlock device
Sec. 5.5. (a) A person commits a Class B infraction if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) is prohibited from operating a motor vehicle unless the
motor vehicle is equipped with a functioning certified ignition
interlock device under section 5(d) of this chapter.
(b) A person commits a Class B misdemeanor if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) knows the person is prohibited from operating a motor
vehicle unless the motor vehicle is equipped with a functioning
certified ignition interlock device under section 5(d) of this
chapter. As added by P.L.76-2004, SEC.22.
IC 12-23-5-6 Misdemeanor convictions; probation; referring defendant to
treatment or therapy program
Sec. 6. If a defendant is convicted in a proceeding described in
section 1 of this chapter and the court places the defendant on
probation, the court may do the following:
(1) Refer the defendant to an alcohol and drug services
treatment program if the court makes a determination under
section 1(1) of this chapter.
(2) Refer the defendant to an appropriate therapy program if the
court makes a determination under section 1(2) of this chapter.
(3) Require the defendant to undergo treatment as a condition
of probation. As added by P.L.2-1992, SEC.17.
IC 12-23-5-7 Exceptions to eligibility for deferral
Sec. 7. Prosecution may be deferred under sections 2 through 5 of
this chapter if a defendant has been charged with a misdemeanor or
infraction in which the use of alcohol or drugs was a contributing
factor or material element of the offense or the defendant's mental
illness was a contributing factor, unless at least one (1) of the
following exists:
(1) The offense involves death or serious bodily injury.
(2) The defendant has a record of at least two (2) prior
convictions of forcible felonies (as defined in IC 35-41-1).
(3) Other criminal proceedings, not arising out of the same
incident, alleging commission of a felony are pending against
the defendant.
(4) The defendant is on probation or parole and the appropriate
parole or probation authority does not consent to the defendant's
participation.
(5) The defendant fails to meet additional eligibility
requirements imposed by the court. As added by P.L.2-1992, SEC.17.
IC 12-23-5-8 Exception to eligibility for deferral; previous dismissal under this
chapter of charges of operating vehicle while intoxicated
Sec. 8. If:
(1) a defendant was previously charged under IC 9-4-1-54
(before its repeal September 1, 1983), IC 9-11-2 (before its
repeal July 1, 1991), or IC 9-30-5; and
(2) the previous charges were dismissed under this chapter;
the individual is not eligible to have subsequent charges under
IC 9-30-5 dismissed under this chapter. As added by P.L.2-1992, SEC.17.
IC 12-23-5-9 Programs in which defendants ordered to participate
Sec. 9. A court may not order a defendant or a convicted
individual to complete an alcohol and drug services treatment
program under section 2(b)(1) or 6(1) of this chapter unless the court
determines that the program in which the individual is to participate
is administered by a court under IC 12-23-14 or is certified by the
division of mental health and addiction. As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.41;
P.L.215-2001, SEC.62.
