Starting July 1, if you’re caught driving with a BAC of .08 or higher, and you’ve already got a previous drunken driving conviction within the past 10 years, you could face a Level 4 felony instead of a Level 5 felony.
Some of the more complicated additions to the Indiana code are rules regarding how “law enforcement recordings” are released by police.
A law enforcement recording is defined as audio, visual or audiovisual recording of police captured by something that’s either used by police, or worn by police – aka a body camera.
The law requires public agencies to allow everybody to watch or copy a recording, unless the agency can show the recording would do one of the following things: Pose significant risk of harm to a person or the public, Interfere with somebody’s right to a fair trial, Affect an ongoing investigation, Not serve the public interest.
The agency is also allowed to obscure certain parts of a recording, such as nudity, severe violence, death, somebody who is a minor or an undercover police officer.
If you’re caught operating a motorboat while intoxicated, you’ll also now receive an enhanced penalty if you have a previous motorboat OWI conviction.
Artisan distillers like Hotel Tango Whiskey will join wineries and microbreweries in being able to sell carry-out alcohol on Sundays.
In addition to that, HB 1386 does a number of things – including allowing hotels for the purpose of alcohol and tobacco laws to have at least 25 separate sleeping rooms under separate roofs, instead of one continuous roof – but the most interesting one is that the Department of Natural Resources may now apply for alcohol permits at state parks, even if the county they’re in objects.
In every instance in Indiana law, the phrase “criminal gang” has been replaced with “criminal organization.”
From discussing safety at schools regarding gangs organizations to the potential penalties for being in a gang organization, the language has been changed throughout.
This law will also tweak the penalties for being involved in one while being charged with the unlawful use of a firearms.
Before you adopt a “companion animal,” as dogs and cats are called by Indiana law, the pet will have to be spayed or neutered beforehand.
A veterinarian can override this in certain situations. The vet has to determine that the animal has a health condition, or is too young to be safely spayed or neutered.
In the latter instance, a $75 deposit would have to be paid to the animal facility, which would be returned if the animal’s owner could prove the animal has been spayed or neutered.
While this law comes into effect July 1, the spaying and neutering mandate won’t actually take effect until July 1, 2021.