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SB251 • 2026

A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Crime
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Senator Aaron Freeman
Last action
2026-02-12
Official status
Senate Bill (H)
Effective date
Not listed

Plain English Breakdown

The official summary does not provide specific details on all aspects of the bill, such as ignition interlock devices and roadside chemical tests. These were included in the candidate explanation but are not explicitly mentioned or detailed in the official text given.

Indiana OWI Penalties Bill

This bill amends Indiana's laws concerning criminal penalties for operating while intoxicated (OWI) by increasing jail time and community service requirements for repeat offenders, allowing good time credit, including watercraft in the definition of a vehicle for OWI purposes, and making other adjustments.

What This Bill Does

  • If someone has one prior OWI conviction, they must serve at least 10 days in jail or do community service. If they have two prior convictions, they must serve at least 20 days in jail or do community service.
  • People serving time for OWI can now earn good time credit to reduce their sentence.
  • The bill includes watercraft as part of the definition of a vehicle when it comes to OWI laws and removes separate rules for operating a motorboat while intoxicated.
  • It allows people to apply for special driving privileges after an initial hearing, even if they skip that hearing.
  • The bill adds OWI due to using drugs to the list of habitual traffic violations.

Who It Names or Affects

  • People who are convicted of operating a vehicle while intoxicated in Indiana.

Terms To Know

OWI
Operating While Intoxicated, which means driving or being in control of a vehicle when you have been drinking alcohol or using drugs and it affects your ability to drive safely.
Good time credit
A reduction in the length of a jail sentence given as an incentive for good behavior while incarcerated.

Limits and Unknowns

  • The bill requires the budget director to review federal highway funding before December 31, 2026, and report back to the budget committee. The changes related to suspending driving privileges cannot be put into effect until after this review.
  • Some parts of the bill are optional for courts to use.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SB0251.01.INTR.AMS02

Committee Introduced Senate Bill (S) • Senator Aaron Freeman

Filed

Plain English: The amendment does not provide any specific changes to the bill and simply states 'Refusal.'

  • The official text of the amendment only contains the word 'Refusal' which does not specify any concrete change or modification to the bill.
SB0251.03.COMS.AMH05

Committee Senate Bill (H) • Representative Alex Zimmerman

Filed

Plain English: The amendment proposes to give judges more flexibility in deciding how long someone should be on probation after being convicted of a crime.

  • Adds language that allows judges to determine the length of probation based on what they think is best for each case.
  • The exact details and limits of this judicial discretion are not specified in the provided amendment text, so it's unclear how much flexibility judges would have.
SB0251.02.COMS.AMS04

Committee Senate Bill (S) • Senator Ryan Mishler

Filed

Plain English: The amendment adds a new section to the Indiana Code that requires certain criminal offenders to pay back federal highway administration funds if they caused damage to highways.

  • Adds a requirement for people convicted of damaging state or local roads to repay federal highway funds used to repair those damages.
  • The amendment does not specify the exact process or amount of repayment, which may need further clarification in future legislation.

Bill History

  1. 2026-02-12 House

    Committee report: amend do pass, adopted

  2. 2026-02-12 House

    Recommitted to Committee on Ways and Means pursuant to House Rule 126.3

  3. 2026-02-03 House

    Representative Olthoff added as cosponsor

  4. 2026-02-02 House

    First reading: referred to Committee on Courts and Criminal Code

  5. 2026-01-29 Senate

    Referred to the House

  6. 2026-01-28 Senate

    Third reading: passed; Roll Call 124: yeas 47, nays 1

  7. 2026-01-28 Senate

    House sponsor: Representative Jeter

  8. 2026-01-26 Senate

    Second reading: ordered engrossed

  9. 2026-01-22 Senate

    Committee report: amend do pass, adopted

  10. 2026-01-22 Senate

    Senator Charbonneau added as coauthor

  11. 2026-01-13 Senate

    Committee report: amend do pass adopted; reassigned to Committee on Appropriations

  12. 2026-01-08 Senate

    Authored by Senators Freeman, Carrasco

  13. 2026-01-08 Senate

    First reading: referred to Committee on Corrections and Criminal Law

Official Summary Text

A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
OWI penalties.

Current Bill Text

Read the full stored bill text 
A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

OWI penalties.

Provides that if a person has one prior OWI conviction, the court shall order that the person be imprisoned for at least 10 days or perform community service, and if a person has two prior OWI convictions, the court shall order that the person be imprisoned for at least 20 days or perform community service. Provides that a person receives good time credit while serving a sentence imposed under this statute (under current law, a person does not receive good time credit).Provides that this statute does not increase the maximum sentence for the offense as provided by either IC 35-50-2 or IC 35-50-3. Specifies that "vehicle", for purposes of the crime of operating while intoxicated, includes a watercraft, and repeals the separate crime of operating a motorboat while intoxicated. Provides that an initial hearing may be waived and allows a person to apply for a specialized driving privilege after an initial hearing. Adds operating while intoxicated due to use of a controlled substance to the habitual traffic violator statute. Authorizes the use of a roadside chemical test under certain circumstances. Specifies that ignition interlock devices may only be used when the underlying offense is operating while intoxicated resulting from the use of alcohol. Makes certain provisions concerning pretrial administrative suspension of driving privileges discretionary with the court.Provides that the budget director shall review and determine before December 31, 2026, whether federal highway administration funding to the state will or will not be reduced due to the amendment of provisions concerning administrative suspension of driving privileges. Requires the budget director to notify the budget committee of the determination and those provisions may not be implemented until after budget committee review. Makes conforming amendments.