*HB1119.1*
February 13, 2025
HOUSE BILL No. 1119
_____
DIGEST OF HB 1119 (Updated February 12, 2025 12:50 pm - DI 106)
Citations Affected: IC 9-13; IC 9-30; IC 35-36.
Synopsis: Operating a motor vehicle while intoxicated. Defines
"qualified test". Specifies that a law enforcement officer may not arrest
a person solely because the person tested positive on a qualified test.
Provides that the results of a qualified test are admissible if certain
circumstances are met, and permits a laboratory technician to testify by
video unless certain conditions exist.
Effective: July 1, 2025.
McNamara, Bartels, Pressel
January 8, 2025, read first time and referred to Committee on Courts and Criminal Code.
February 13, 2025, amended, reported — Do Pass.
HB 1119—LS 6905/DI 151 February 13, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1119
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 9-13-2-145.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 145.5. "Qualified test", for
4 purposes of this chapter and IC 9-30-5, means an oral fluid test
5 performed by a Drager DrugTest 5000 or SoToxa Oral Fluid
6 Mobile Test System.
7 SECTION 2. IC 9-13-2-151 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 151. "Relevant
9 evidence of intoxication" includes evidence that at the time of an
10 alleged violation a person:
11 (1) had an alcohol concentration equivalent to at least
12 five-hundredths (0.05) gram, but less than eight-hundredths (0.08)
13 gram of alcohol per:
14 (1) (A) one hundred (100) milliliters of the person's blood; or
15 (2) (B) two hundred ten (210) liters of the person's breath; or
16 (2) showed a positive result on a qualified test.
17 SECTION 3. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
HB 1119—LS 6905/DI 151 2
1 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 1. (a) A person who operates a vehicle with an
3 alcohol concentration equivalent to at least eight-hundredths (0.08)
4 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
5 per:
6 (1) one hundred (100) milliliters of the person's blood; or
7 (2) two hundred ten (210) liters of the person's breath;
8 commits a Class C misdemeanor.
9 (b) A person who operates a vehicle with an alcohol concentration
10 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
11 (1) one hundred (100) milliliters of the person's blood; or
12 (2) two hundred ten (210) liters of the person's breath;
13 commits a Class A misdemeanor.
14 (c) A person who operates a vehicle with a controlled substance
15 listed in schedule I or II of IC 35-48-2 or its metabolite in the person's
16 blood commits a Class C misdemeanor.
17 (d) It is a defense to subsection (c) that:
18 (1) the accused person consumed the controlled substance in
19 accordance with a valid prescription or order of a practitioner (as
20 defined in IC 35-48-1) who acted in the course of the
21 practitioner's professional practice; or
22 (2) the:
23 (A) controlled substance is marijuana or a metabolite of
24 marijuana;
25 (B) person was not intoxicated;
26 (C) person did not cause a traffic accident; and
27 (D) substance was identified by means of a chemical test taken
28 pursuant to IC 9-30-7.
29 (e) A law enforcement officer may not arrest a person solely
30 because the person tested positive on a qualified test.
31 SECTION 4. IC 9-30-6-15.5 IS ADDED TO THE INDIANA CODE
32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
33 1, 2025]: Sec. 15.5. At any proceeding relating to an offense under
34 IC 9-30-5, evidence of a controlled substance or controlled
35 substance category that was in the body of the person charged with
36 the offense:
37 (1) at the time of the alleged violation; or
38 (2) within the time allowed for testing under section 2 of this
39 chapter;
40 as shown by a qualified test is admissible.
41 SECTION 5. IC 35-36-11-3, AS ADDED BY P.L.44-2012,
42 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HB 1119—LS 6905/DI 151 3
1 JULY 1, 2025]: Sec. 3. (a) If the defendant wishes for the person who
2 prepared the laboratory report to be present at the trial, for
3 cross-examination, the defendant must file a demand for
4 cross-examination the person's appearance not later than ten (10)
5 days after the defendant receives the notice filed under section 2 of this
6 chapter, unless the court establishes a different time.
7 (b) If the defendant demands the appearance of the person who
8 prepared the laboratory report, that person may appear via video
9 unless the court finds at a hearing that the in-person testimony is
10 necessary:
11 (1) due to the existence of extraordinary circumstances; and
12 (2) in the interest of justice.
13 SECTION 6. IC 35-36-11-5, AS ADDED BY P.L.44-2012,
14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 5. If the prosecuting attorney complies with
16 section 2 of this chapter and the defendant does not comply with
17 section 3 of this chapter, the defendant waives the right to confront and
18 cross-examine the person who prepared the laboratory report and
19 stipulates to the admissibility of the report.
HB 1119—LS 6905/DI 151 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred House Bill 1119, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, line 4, after "of" insert "this chapter and".
Page 1, line 5, delete "5000." and insert "5000 or SoToxa Oral
Fluid Mobile Test System.
SECTION 2. IC 9-13-2-151 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 151. "Relevant
evidence of intoxication" includes evidence that at the time of an
alleged violation a person:
(1) had an alcohol concentration equivalent to at least
five-hundredths (0.05) gram, but less than eight-hundredths (0.08)
gram of alcohol per:
(1) (A) one hundred (100) milliliters of the person's blood; or
(2) (B) two hundred ten (210) liters of the person's breath; or
(2) showed a positive result on a qualified test.".
Page 1, delete lines 6 through 17, begin a new paragraph and insert:
"SECTION 3. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) A person who operates a vehicle with an
alcohol concentration equivalent to at least eight-hundredths (0.08)
gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class C misdemeanor.
(b) A person who operates a vehicle with an alcohol concentration
equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class A misdemeanor.
(c) A person who operates a vehicle with a controlled substance
listed in schedule I or II of IC 35-48-2 or its metabolite in the person's
blood commits a Class C misdemeanor.
(d) It is a defense to subsection (c) that:
(1) the accused person consumed the controlled substance in
accordance with a valid prescription or order of a practitioner (as
defined in IC 35-48-1) who acted in the course of the
practitioner's professional practice; or
HB 1119—LS 6905/DI 151 5
(2) the:
(A) controlled substance is marijuana or a metabolite of
marijuana;
(B) person was not intoxicated;
(C) person did not cause a traffic accident; and
(D) substance was identified by means of a chemical test taken
pursuant to IC 9-30-7.
(e) A law enforcement officer may not arrest a person solely
because the person tested positive on a qualified test.
SECTION 4. IC 9-30-6-15.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 15.5. At any proceeding relating to an offense under
IC 9-30-5, evidence of a controlled substance or controlled
substance category that was in the body of the person charged with
the offense:
(1) at the time of the alleged violation; or
(2) within the time allowed for testing under section 2 of this
chapter;
as shown by a qualified test is admissible.
SECTION 5. IC 35-36-11-3, AS ADDED BY P.L.44-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) If the defendant wishes for the person who
prepared the laboratory report to be present at the trial, for
cross-examination, the defendant must file a demand for
cross-examination the person's appearance not later than ten (10)
days after the defendant receives the notice filed under section 2 of this
chapter, unless the court establishes a different time.
(b) If the defendant demands the appearance of the person who
prepared the laboratory report, that person may appear via video
unless the court finds at a hearing that the in-person testimony is
necessary:
(1) due to the existence of extraordinary circumstances; and
(2) in the interest of justice.
SECTION 6. IC 35-36-11-5, AS ADDED BY P.L.44-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. If the prosecuting attorney complies with
section 2 of this chapter and the defendant does not comply with
section 3 of this chapter, the defendant waives the right to confront and
cross-examine the person who prepared the laboratory report and
stipulates to the admissibility of the report.".
Delete pages 2 through 4.
Renumber all SECTIONS consecutively.
HB 1119—LS 6905/DI 151 6
and when so amended that said bill do pass.
(Reference is to HB 1119 as introduced.)
MCNAMARA
Committee Vote: yeas 12, nays 1.
HB 1119—LS 6905/DI 151