Indiana-2011-HB1421-Introduced

Introduced Version

HOUSE BILL No. 1421

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 9-13-2-149.3; IC 9-24; IC 9-30-5-18; IC 35-45-1-5.

Synopsis: Prohibition on purchase of alcohol. Requires a person convicted of operating while intoxicated within the previous two years to surrender the person's driver's license to the bureau of motor vehicles and be issued a "recently convicted drunk driver's license", which bears a clearly visible red diagonal bar across the face of the license containing the words "no alcohol sales". Provides that the bureau may print the information contained on a recently convicted drunk driver's license perpendicular to the bottom edge of the license. Makes it a Class B misdemeanor for a person convicted of operating while intoxicated in the previous two years (defined as a "recently convicted drunk driver") to purchase an alcoholic beverage, and increases the penalty to a Class A misdemeanor if the person has a prior conviction within the past five years. Makes it a Class C misdemeanor for a person to knowingly, intentionally, or recklessly sell an alcoholic beverage to a recently convicted drunk driver, and increases the penalty to a Class B misdemeanor if the person has a prior conviction within the past five years. Provides a defense for the sale of alcohol to a recently convicted drunk driver if the purchaser presented the seller with apparently valid identification.

Effective: July 1, 2011.

January 18, 2011, read first time and referred to Committee on Public Policy.

Introduced

First Regular Session 117th General Assembly (2011)

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.~~
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HOUSE BILL No. 1421

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:

SOURCE: IC 9-24-6-2; (11)IN1421.1.2. -->     SECTION 2. IC 9-24-6-2, AS AMENDED BY P.L.65-2010, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) The bureau shall adopt rules under IC 4-22-2 to regulate persons required to hold a commercial driver's license.
    (b) The rules must carry out 49 U.S.C. 521, 49 U.S.C. 31104, 49 U.S.C. 31301 through 31306, 49 U.S.C. 31308 through 31317, and 49 CFR 383 through 384, and may not be more restrictive than the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159, 113 Stat. 1748).
    (c) Rules adopted under this section must include the following:

        (1) Establishment of classes and periods of validation of commercial driver's licenses, including the period set forth in IC 9-24-12-6(e).
        (2) Standards for commercial driver's licenses, including suspension and revocation procedures.
        (3) Requirements for documentation of eligibility for legal employment, as set forth in 8 CFR 274a.2, and proof of Indiana residence.
        (4) Development of written or oral tests, driving tests, and fitness requirements.
        (5) Defining the commercial driver's licenses by classification and the information to be contained on the licenses, including a unique identifier of the holder.
        (6) Establishing fees for the issuance of commercial driver's licenses, including fees for testing and examination.
        (7) Procedures for the notification by the holder of a commercial driver's license to the bureau and the driver's employer of pointable traffic offense convictions.
        (8) Conditions for reciprocity with other states, including requirements for a written commercial driver's license test and operational skills test, and a hazardous materials endorsement written test and operational skills test, before a license may be issued.
        (9) Certification of commercial motor vehicle operators who transport one (1) or more metal coils that, individually or grouped together, weigh at least two thousand two hundred sixty-eight (2,268) kilograms (five thousand (5,000) pounds), as to proper load securement of the metal coil or coils as provided in 49 CFR 393.120.
         (10) Procedures:
            (A) requiring a person who has been convicted of operating while intoxicated (IC 9-30-5) to surrender the person's existing license and be issued a commercial driver's license that is a recently convicted drunk driver's license; and
            (B) permitting a person who has surrendered the person's existing license following a conviction for operating while intoxicated to receive a new commercial driver's license that is not a recently convicted drunk driver's license if at least two (2) years have passed since the date on which the person was convicted.
        ~~(10)~~ (11) Other rules necessary to administer this chapter.

(d) 49 CFR 383 through 384 and 49 CFR 393.120 are adopted as Indiana law.

SOURCE: IC 9-24-11-5; (11)IN1421.1.3. -->     SECTION 3. IC 9-24-11-5, AS AMENDED BY P.L.1-2010, SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) Except as provided in subsection (i), a permit or license issued under this chapter must contain the following information:
        (1) The full legal name of the permittee or licensee.
        (2) The date of birth of the permittee or licensee.
        (3) The address of the principal residence of the permittee or licensee.
        (4) The hair color and eye color of the permittee or licensee.
        (5) The date of issue and expiration date of the permit or license.
        (6) The gender of the permittee or licensee.
        (7) The unique identifying number of the permit or license.
        (8) The weight of the permittee or licensee.
        (9) The height of the permittee or licensee.
        (10) A reproduction of the signature of the permittee or licensee.
        (11) If the permittee or licensee is less than eighteen (18) years of age at the time of issuance, the dates on which the permittee or licensee will become:
            (A) eighteen (18) years of age; and
            (B) twenty-one (21) years of age.
        (12) If the permittee or licensee is at least eighteen (18) years of age but less than twenty-one (21) years of age at the time of issuance, the date on which the permittee or licensee will become twenty-one (21) years of age.
        (13) Except as provided in subsection (b) or (c), a digital photograph of the permittee or licensee.
    (b) The following permits or licenses do not require a digital photograph:
        (1) Temporary motorcycle learner's permit issued under IC 9-24-8.
        (2) Motorcycle learner's permit issued under IC 9-24-8.
    (c) The bureau may provide for the omission of a photograph or computerized image from any other license or permit if there is good cause for the omission. However, a license issued without a digital photograph must include the language described in subsection (f).
    (d) The information contained on the permit or license as required by subsection (a)(11) or (a)(12) for a permittee or licensee who is less than twenty-one (21) years of age at the time of issuance shall be printed prominently on the permit or license.

    (e) This subsection applies to a permit or license issued after January 1, 2007. If the applicant for a permit or license submits information to the bureau concerning the applicant's medical condition, the bureau shall place an identifying symbol on the face of the permit or license to indicate that the applicant has a medical condition of note. The bureau shall include information on the permit or license that briefly describes the medical condition of the holder of the permit or license. The information must be printed in a manner that alerts a person reading the permit or license to the existence of the medical condition. The permittee or licensee is responsible for the accuracy of the information concerning the medical condition submitted under this subsection. The bureau shall inform an applicant that submission of information under this subsection is voluntary.
    (f) Any license or permit issued by the state that does not require a digital photograph must include a statement that indicates that the license or permit may not be accepted by any federal agency for federal identification or any other federal purpose.
    (g) A license or permit issued by the state to an individual who:
        (1) has a valid, unexpired nonimmigrant visa or has nonimmigrant visa status for entry in the United States;
        (2) has a pending application for asylum in the United States;
        (3) has a pending or approved application for temporary protected status in the United States;
        (4) has approved deferred action status; or
        (5) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent residence status in the United States;
must be clearly identified as a temporary license or permit. A temporary license or permit issued under this subsection may not be renewed without the presentation of valid documentary evidence proving that the licensee's or ~~permitee's~~ permittee's temporary status has been extended.
    (h) The bureau may adopt rules under IC 4-22-2 to carry out this section.
    (i) For purposes of subsection (a), an individual certified as a program participant in the address confidentiality program under IC 5-26.5 is not required to provide the address of the individual's principal residence, but may provide an address designated by the office of the attorney general under IC 5-26.5 as the address of the individual's principal residence.
     (j) The bureau may print the information contained on a

recently convicted drunk driver's license perpendicular to the bottom edge of the license.

SOURCE: IC 9-24-11-9.7; (11)IN1421.1.5. -->     SECTION 5. IC 9-24-11-9.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9.7. (a) This section applies only to a person who has been issued a recently convicted drunk driver's license.
    (b) If:
        (1) more than two (2) years have passed since the person's conviction for operating while intoxicated under IC 9-30-5;
        (2) the person's driver's license is not eligible for renewal under IC 9-24-12-4; and
        (3) the person pays the fee that would be required to renew a license under IC 9-29-9;
the person may apply for reissuance of the person's license.
    (c) If the bureau determines that the person meets the conditions described in subsection (b) and is otherwise eligible, the bureau shall issue the person a new license that is not a recently convicted drunk driver's license. A license issued under this section has the same expiration date as the recently convicted drunk driver's license it replaces.
    (d) The bureau shall adopt rules under IC 4-22-2 to establish the means of demonstrating that more than two (2) years have passed since the date of the person's conviction for purposes of determining eligibility under subsection (c).

SOURCE: IC 9-24-12-4; (11)IN1421.1.7. -->     SECTION 7. IC 9-24-12-4, AS AMENDED BY P.L.162-2009, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) Except as provided in subsections (b), (c) and ~~(c)~~ (d), the application for renewal of:
        (1) an operator's license;
        (2) a motorcycle operator's license;
        (3) a chauffeur's license;
        (4) a public passenger chauffeur's license; or
        (5) an identification card;
under this article may be filed not more than twelve (12) months before the expiration date of the license or identification card held by the applicant.
    (b) When the applicant complies with IC 9-24-9-2.5(5) through IC 9-24-9-2.5(10), an application for renewal of a driver's license in subsection (a)(1), (a)(2), (a)(3), or (a)(4) may be filed not more than one (1) month before the expiration date of the license held by the applicant.
    (c) When the applicant complies with IC 9-24-16-3.5(1)(E) through IC 9-24-16-3.5(1)(J), an application for renewal of an identification card in subsection (a)(5) may be filed not more than one (1) month before the expiration date of the identification card held by the applicant.
     (d) If:
        (1) a person has been issued a recently convicted drunk driver's license; and
        (2) more than two (2) years have passed since the person's conviction;
the person may apply for renewal of the person's license in accordance with this section. If the person is otherwise entitled to renewal and pays the appropriate fee as set forth in IC 9-29-9, the bureau shall issue the person a new license that is not a recently convicted drunk driver's license. The bureau shall adopt rules under IC 4-22-2 to establish the means of demonstrating that more than two (2) years have passed since the date of the person's conviction for purposes of determining eligibility for a new license under this subsection.

SOURCE: IC 35-45-1-5; (11)IN1421.1.9. -->     SECTION 9. IC 35-45-1-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) As used in this section, "recently convicted drunk driver" means a person who has been convicted of operating while intoxicated under IC 9-30-5 within the previous two (2) years.
    (b) A recently convicted drunk driver who knowingly, intentionally, or recklessly purchases an alcoholic beverage commits unlawful purchase of alcohol by a recently convicted drunk driver, a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction under this section within the previous five (5) years.
    (c) A person who knowingly, intentionally, or recklessly sells an alcoholic beverage to a recently convicted drunk driver commits a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction under this section within the previous five (5) years.
     (d) It is a defense to a prosecution under subsection (c) that the purchaser presented the seller with apparently valid identification that did not disclose that the person was a recently convicted drunk driver if it was reasonable under the circumstances for the seller to accept this identification.