Bill Text: IN SB0257 | 2012 | Regular Session | Enrolled
Bill Title: Motor vehicle law.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [SB0257 Detail]
Download: Indiana-2012-SB0257-Enrolled.html
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
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
AN ACT to amend the Indiana Code concerning motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
(b) In addition to the penalty under subsection (a), a minor who:
(1) uses a false or altered driver's license or the driver's license of another person as evidence of majority under this section; or
(2) is convicted of purchasing or procuring an alcoholic beverage with or without using a false or altered driver's license;
shall have the minor's driver's license, permit, or driving privileges suspended for up to one (1) year in accordance with IC 9-24-18-8 and IC 9-30-4-9.
(c) Upon entering a judgment of conviction for the misdemeanor under this section, the court shall forward a copy of the judgment to the bureau of motor vehicles for the purpose of complying with subsection (b).
SECTION 2. IC 7.1-5-7-7, AS AMENDED BY SEA 274-2012,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 7. (a) Subject to IC 7.1-5-1-6.5, it is a Class C
misdemeanor for a minor to knowingly:
(1) possess an alcoholic beverage;
(2) consume it; an alcoholic beverage; or
(3) transport it an alcoholic beverage on a public highway when
not accompanied by at least one (1) of his the minor's parents or
guardians.
(b) If a minor is found to have violated subsection (a) while
operating a motor vehicle, the court may order the minor's driver's
license driving privileges suspended for up to one (1) year. However,
if the minor is less than eighteen (18) years of age, the court shall order
the minor's driver's license driving privileges suspended for at least
sixty (60) days.
(c) The court shall deliver any order suspending the a minor's
driver's license driving privileges under this section to the bureau of
motor vehicles, which shall suspend the minor's driver's license driving
privileges under IC 9-24-18-12 for the period ordered by the court.
SECTION 3. IC 7.1-5-7-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) It is a Class C
misdemeanor for a minor to recklessly be in a tavern, bar, or other
public place where alcoholic beverages are sold, bartered, exchanged,
given away, provided, or furnished. In addition to other penalties under
this subsection, the minor's driver's license, permit, or driving
privileges shall be suspended for up to one (1) year in accordance with
IC 9-24-18-8 and IC 9-30-4-9.
(b) It is a Class C misdemeanor for a permittee to recklessly permit
a minor to be in the prohibited place beyond a reasonable time in which
an ordinary prudent person can check identification to confirm the age
of a patron.
SECTION 4. IC 9-13-2-3, AS AMENDED BY P.L.146-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) Except as provided in subsection (b),
"antique motor vehicle" means a motor vehicle or motor scooter that is
at least twenty-five (25) years old.
(b) "Antique motor vehicle", for purposes of IC 9-19-11-1(6), means
a passenger motor vehicle or truck that was manufactured without a
safety belt as a part of the standard equipment installed by the
manufacturer at each designated seating position, before the
requirement of the installation of safety belts in the motor vehicle
according to the standards stated in the Federal Motor Vehicle Safety
Standard Number 208 (49 CFR 571.208).
SECTION 5. IC 9-13-2-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 19. "Certificate of compliance" means
SECTION 6. IC 9-13-2-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 21. (a) "Chauffeur", except as provided in subsection (b), means a person:
(b) "Chauffeur", for purposes of IC 9-25, means a person:
(1) who is employed for hire for the principal purpose of operating a motor vehicle upon the highways;
(2) who operates a motor vehicle while in use as a carrier of passengers or property for hire; or
(3) who drives or operates a motor vehicle while in use as a school bus for the transportation of pupils to or from school.
SECTION 7. IC 9-13-2-28 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 8. IC 9-13-2-31 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 31. (a) "Commercial motor vehicle" means, except as provided in subsection (b), a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(1) has a gross combination weight rating of at least twenty-six thousand one (26,001) pounds, including a towed unit with a gross vehicle weight rating of more than ten thousand (10,000) pounds;
(2) has a gross vehicle weight rating of at least twenty-six thousand one (26,001) pounds;
(3) is designed to transport
(4) is:
(A) of any size;
(B) used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act; and
(C) required to be placarded under the Hazardous Materials Regulations (49 CFR Part 172, Subpart F).
(b) The bureau of motor vehicles may, by rule, broaden the definition of "commercial motor vehicle" under subsection (a) to include vehicles with a gross declared weight greater than eleven thousand (11,000) pounds but less than twenty-six thousand one (26,001) pounds.
SECTION 9. IC 9-13-2-32.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 32.5. "Commission board" refers to the commission board of the bureau of motor vehicles.
SECTION 10. IC 9-13-2-44 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 44. (a) "Disposal facility" means a person, firm, limited liability company, corporation, or other legal entity that, in the course of business, engages in the acquisition and dismantling or demolition of
(b) The term includes the following enterprises:
(1) An automotive salvage recycler.
(2) A hulk crusher.
(c) The term does not include a scrap metal processor.
SECTION 11. IC 9-13-2-48, AS AMENDED BY P.L.184-2007, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 48. (a) Except as provided in subsection (b), "driver's license" means any type of license issued by the state authorizing an individual to operate a motor vehicle on public streets, roads, or highways.
(b) "Driver's license", for purposes of IC 9-28-2, has the meaning set forth in IC 9-28-2-4.
SECTION 12. IC 9-13-2-48.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 48.3. "Driving privileges" means the authority granted to an individual that allows the individual to operate a vehicle of the type and in the manner for which the authority was granted.
SECTION 13. IC 9-13-2-48.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 48.5. "Driving record" means a
record:
(1) maintained by the bureau as required under IC 9-14-3-7;
and
(2) established by the bureau under IC 9-24-18-9.
SECTION 14. IC 9-13-2-72.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 72.7. "Highly restricted personal
information", for purposes of IC 9-14-3.5, has the meaning set
forth in IC 9-14-3.5-2.5.
SECTION 15. IC 9-13-2-75 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 75. (a) "Identification
number", for purposes of IC 9-18-8-15, has the meaning set forth in
IC 9-18-8-15(b).
(b) "Identification number", for purposes of IC 9-17-4, has the
meaning set forth in IC 9-17-4-0.5.
SECTION 16. IC 9-13-2-117.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 117.5. (a) "Operate",
except as provided in subsection (b), for purposes of IC 9-31, means
to navigate or otherwise use a motorboat. vehicle.
(b) "Operate", for purposes of IC 9-31, means to navigate or
otherwise use a motorboat.
SECTION 17. IC 9-13-2-118 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 118. (a) Except as
provided in subsection (b), "operator", means, except as provided in
subsection (b), when used in reference to a motor vehicle, means a
person, other than a chauffeur or a public passenger chauffeur, who:
(1) drives or is in actual physical control of a motor vehicle upon
a highway; or
(2) is exercising control over or steering a motor vehicle being
towed by a motor another vehicle.
(b) "Operator", for purposes of IC 9-25, means a person other than
a chauffeur who is in actual physical control of a motor vehicle. upon
a highway of Indiana.
SECTION 18. IC 9-13-2-121 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 121. (a) Except as
otherwise provided in this section, "owner", means, except as
otherwise provided in this section, when used in reference to a motor
vehicle, means:
(1) a person who holds the legal title of a motor vehicle;
(2) a person renting or leasing a motor vehicle and having
exclusive use of the motor vehicle for more than thirty (30) days;
or
(3) (2) if a motor vehicle is the subject of an agreement for the
conditional sale or lease vested in the conditional vendee or
lessee, or in the event the mortgagor, with the right of purchase
upon the performance of the conditions stated in the agreement
and with an immediate right of possession of a vehicle is entitled
to possession, the conditional vendee or lessee or mortgagor.
(b) "Owner", for purposes of IC 9-21 and IC 9-25, means, when
used in reference to a motor vehicle, a person who holds the legal title
of a motor vehicle, or if a:
(1) motor vehicle is the subject of an agreement for the
conditional sale or lease of the motor vehicle with the right of
purchase upon performance of the conditions stated in the
agreement and with an immediate right of possession vested in
the conditional vendee or lessee; or
(2) mortgagor of a motor vehicle is entitled to possession;
the conditional vendee or lessee or mortgagor is considered to be the
owner for the purpose of IC 9-21 and IC 9-25.
(c) "Owner", for purposes of IC 9-22-1, means the last known record
titleholder of a vehicle according to the records of the bureau under
IC 9-17.
(d) "Owner", for purposes of IC 9-31, means a person, other than a
lienholder, having the property in or title to a motorboat. The term
includes a person entitled to the use or possession of a motorboat
subject to an interest in another person reserved or created by
agreement and securing payment or performance of an obligation. The
term excludes a lessee under a lease not intended as security.
SECTION 19. IC 9-13-2-123.5, AS ADDED BY P.L.184-2007,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 123.5. "Permit" means any kind of a permit issued
by the state authorizing an individual to operate a motor the type of
vehicle for which the permit was issued on public streets, roads, or
highways with certain restrictions.
SECTION 20. IC 9-13-2-143 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 143. "Public passenger
chauffeur" means any of the following:
(1) A person who operates a motor vehicle while in use as a
school bus for the transportation of pupils to or from school, or to
or from school athletic games or contests.
(2) a person who operates a motor vehicle other than a medical
services vehicle designed to transport fifteen (15) individuals
or more, including the driver, while in use as a public passenger
carrying vehicle for hire. The term does not include a person
who operates a medical services vehicle.
SECTION 21. IC 9-13-2-148 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 148. "Raw milk", for purposes of IC 9-20-4-2, has the
meaning set forth in IC 9-20-4-2(d).
SECTION 22. IC 9-13-2-170.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 170.1. "Special identification
number", for purposes of IC 9-17-4, has the meaning set forth in
IC 9-17-4-0.5.
SECTION 23. IC 9-13-2-170.3, AS ADDED BY P.L.210-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 170.3. "Special machinery" means a includes but
is not limited to any of the following:
(1) A portable saw mill. or
(2) Well drilling machinery.
(3) A utility service cable trailer.
(4) Any other vehicle that is:
(A) designed to perform a specific function; and
(B) drawn by a motor vehicle.
The term does not include a vehicle that is designed to carry
persons.
SECTION 24. IC 9-13-2-184 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 184. (a) "Trailer"
means, except as otherwise provided in this section, a vehicle:
(1) without motive power;
(2) designed for carrying persons or property;
(3) designed for being drawn by a motor vehicle; and
(4) so constructed that no part of the weight of the trailer rests
upon the towing vehicle.
The term includes pole trailers and two (2) wheeled homemade trailers.
(b) "Trailer", for purposes of IC 9-21, means a vehicle:
(1) with or without motive power;
(2) designed for carrying persons or property;
(3) designed for being drawn by a motor vehicle; and
(4) so constructed that no part of the weight of the trailer rests
upon the towing vehicle.
The term does not include pole trailers or special machinery.
(c) "Trailer", for purposes of IC 9-21-8-12 through IC 9-21-8-13,
means the combination of any motor vehicle towing another vehicle or
trailer.
SECTION 25. IC 9-13-2-187 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 187. "Transport operator" means any of the following:
(1) A person engaged in the business of furnishing drivers and operators for the purpose of transporting vehicles in transit from one (1) place to another by the drive away or tow away methods.
(2) A nonresident dealer or manufacturer engaged in the operation or business described in subdivision (1).
(3) A business that prepares newly purchased vehicles of the business and delivers the vehicles to the locations where the vehicles will be based, titled, and registered.
SECTION 26. IC 9-13-2-188.5, AS AMENDED BY HEA 1270-2012, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 188.5. "Truck driver training school" means a postsecondary proprietary educational institution (as defined in IC 22-4.1-21-9), a state educational institution, or a postsecondary credit bearing proprietary educational institution (as defined in IC 21-18.5-2-12) that:
(1) is located in Indiana;
(2) is subject to rules adopted by the bureau under IC 9-24-6-5.5; and
(3) either:
(A) educates or trains a person; or
(B) prepares a person for an examination or a validation given by the bureau;
to operate a truck as a vocation.
SECTION 27. IC 9-14-1-6 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 28. IC 9-14-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. The bureau shall prescribe and provide all forms necessary to carry out any laws or rules administered and enforced by the bureau.
SECTION 29. IC 9-14-2-5 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 30. IC 9-14-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. The bureau shall
(1) each application for a license or permit issued by the bureau;
under this title.
(2) Maintain suitable records of and
(2) all licenses and permits issued by the commissioner;
under this title.
SECTION 31. IC 9-14-2-7 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 7. A person who violates this chapter commits a Class C
infraction.
SECTION 32. IC 9-14-3-0.3 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 0.3. As used in this chapter, "digital signature" has the
meaning set forth in IC 5-24-2-1.
SECTION 33. IC 9-14-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) The bureau shall
prepare and deliver, upon request and payment of the fees prescribed
in IC 9-29-2-1, a certified copy of any record of the bureau that is not
otherwise declared by law to be confidential.
(b) A certified copy of a record obtained under subsection (a) is
admissible in a court proceeding as if the copy were the original.
(c) An electronic record of the bureau obtained from the bureau by
digital signature that bears an electronic signature is admissible in a
court proceeding as if the copy were the original.
SECTION 34. IC 9-14-3-5, AS AMENDED BY P.L.198-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. (a) Except as provided in subsection (b), (d), or
(e), the bureau shall prepare and deliver information on titles,
registrations, and licenses and permits upon the request of any person.
All requests must be:
(1) submitted in writing; or
(2) made electronically through the computer gateway
administered under IC 4-13.1-2-2(a)(5) by the office of
technology;
to the bureau and, unless exempted under IC 9-29, must be
accompanied by the payment of the fee prescribed in IC 9-29-2-2.
(b) The bureau shall not disclose:
(1) the Social Security number;
(2) the federal identification number;
(3) the driver's license number;
(4) the digital image of the driver's license applicant;
(5) a reproduction of the signature secured under IC 9-24-9-1 or
IC 9-24-16-3; or
(6) medical or disability information;
of any person except as provided in subsection (c).
(c) The bureau may disclose any information listed in subsection
(b):
(1) to a law enforcement officer;
(2) to an agent or a designee of the department of state revenue;
(3) for uses permitted under IC 9-14-3.5-10(1), IC 9-14-3.5-10(4),
IC 9-14-3.5-10(6), and IC 9-14-3.5-10(9); or
(4) for voter registration and election purposes required under
IC 3-7 or IC 9-24-2.5.
(d) As provided under 42 U.S.C. 1973gg-3(b), the commission
bureau may not disclose any information concerning the failure of an
applicant for a motor vehicle driver's license to sign a voter registration
application, except as authorized under IC 3-7-14.
(e) The commission bureau may not disclose any information
concerning the failure of an applicant for a title, registration, license,
or permit (other than a motor vehicle license described under
subsection (d)) to sign a voter registration application, except as
authorized under IC 3-7-14.
SECTION 35. IC 9-14-3-6, AS AMENDED BY P.L.80-2010,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6. (a) Upon the submission to the bureau of a
specific written request from an individual or organization for a
compilation of specific information requested for the purposes
described in subsection (c), the bureau may contract with the individual
or organization to compile the requested information from the records
of the bureau.
(b) The bureau may charge an amount agreeable to the parties, as
described in IC 9-29-2-3.
(c) An individual or organization making a request under this
section must certify one (1) of the following:
(1) That the information is required for the purposes of notifying
vehicle owners of vehicle defects and recall for modifications,
and that the individual or organization will use the information
provided only for that purpose.
(2) That the information will be used only for research or
statistical reporting purposes and that individual identities will be
properly protected in the preparation of the research or reports
and not ascertainable from the published reports or research
results.
(3) That the information will be used for the purpose of
documenting the sale of motor vehicles in Indiana.
(4) That the information will be used for purposes of the federal
Selective Service System.
(5) That the information will be used solely for law enforcement
purposes by police officers.
(6) That the information will be used to locate a parent described
in IC 31-25-3-2(c) as provided under IC 31-25-3-2.
(d) The commission bureau may not compile or release information
concerning voter registration under this section.
(e) The bureau shall provide the requested information under this
section in a format that is agreeable to the parties. including the
following formats:
(1) Printed records.
(2) Microfiche.
(3) Computer disk.
SECTION 36. IC 9-14-3-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) The bureau shall
maintain an operating a driving record for each person licensed by the
bureau to drive a motor vehicle.
(b) An operating A driving record must contain the following:
(1) A person's convictions for any of the following:
(A) A moving traffic violation.
(B) Operating a vehicle without financial responsibility in
violation of IC 9-25.
(2) Any administrative penalty imposed by the bureau.
(3) If the driving privileges of a person have been suspended or
revoked by the bureau, an entry in the record stating that a notice
of suspension or revocation was mailed by the bureau and the date
of the mailing of the notice.
(4) Any suspensions, revocations, or reinstatements of a person's
driving privileges, license, or permit.
(5) Any requirement that the person may operate only a motor
vehicle equipped with an a certified ignition interlock device.
(c) An entry in the operating driving record of a defendant stating
that notice of suspension or revocation was mailed by the bureau to the
defendant constitutes prima facie evidence that the notice was mailed
to the defendant's address as shown in the official driving record.
records of the bureau.
(d) An operating A driving record maintained under this section:
(1) is not admissible as evidence in any action for damages arising
out of a motor vehicle accident; and
(2) may not include voter registration information.
SECTION 37. IC 9-14-3-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. (a) If the governor,
the superintendent of the state police department, or the highest officer
located in Indiana of the Federal Bureau of Investigation, the United
States Secret Service, or the United States Treasury Department
certifies to the bureau that:
(1) an individual named in the certificate certification is an
officer or employee of a state, county, or city department or
bureau with police power;
(2) the nature of the individual's work or duties is of a secret or
confidential nature; and
(3) in the course of the individual's work the individual uses the
motor vehicle described in the certificate; certification;
the bureau shall regard all of the bureau's records concerning the
certificate of title or certificate of registration of the motor vehicle and
the operating license of the individual described in the certificate
certification as confidential.
(b) The bureau may disclose the records described in subsection (a)
only upon one (1) of the following:
(1) An order of a court of competent jurisdiction made in a cause
or matter pending before the court.
(2) The written request of the officer, employee, or a successor of
the officer or employee making the certificate. certification.
(3) A request of the governor.
SECTION 38. IC 9-14-3.5-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 2.5. As used in this chapter,
"highly restricted personal information" means the following
information that identifies an individual:
(1) Digital photograph or image.
(2) Social Security number.
(3) Medical or disability information.
SECTION 39. IC 9-14-3.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. As used in this
chapter, "motor vehicle record" means a record that pertains to:
(1) a driver's license;
(2) a permit;
(3) a motor vehicle or watercraft registration;
(4) a motor vehicle or watercraft title; or
(5) an identification document issued by the bureau.
SECTION 40. IC 9-14-3.5-5, AS AMENDED BY P.L.184-2007,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. As used in this chapter, "personal information"
means information that identifies a person, including an individual's:
(1) digital photograph or image;
(2) Social Security number;
(3) driver's license or identification document number;
(4) name;
(5) address (but not the 5-digit zip code);
(6) telephone number; or
(7) medical or disability information.
The term does not include information about vehicular accidents, driving or equipment related violations, and
SECTION 41. IC 9-14-3.5-7, AS AMENDED BY P.L.1-2006, SECTION 158, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) Except as provided in sections 8,
(1) an officer or employee of the bureau;
(2) an officer or employee of the bureau of motor vehicles commission; or
(3) a contractor of the bureau or the bureau of motor vehicles commission (or an officer or employee of the contractor);
may not knowingly disclose or otherwise make available personal information,
(b) A person's Social Security number shall not be in any way disclosed on a motor vehicle registration.
SECTION 42. IC 9-14-3.5-10, AS AMENDED BY P.L.97-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10.
(1) For use by a government agency, including a court or law enforcement agency, in carrying out its functions, or a person acting on behalf of a government agency in carrying out its functions.
(2) For use in connection with matters concerning:
(A) motor vehicle or driver safety and theft;
(B) motor vehicle emissions;
(C) motor vehicle product alterations, recalls, or advisories;
(D) performance monitoring of motor vehicles, motor vehicle parts, and dealers;
(E) motor vehicle market research activities, including survey
research;
(F) the removal of nonowner records from the original owner
records of motor vehicle manufacturers; and
(G) motor fuel theft under IC 24-4.6-5.
(3) For use in the normal course of business by a business or its
agents, employees, or contractors, but only:
(A) to verify the accuracy of personal information submitted
by an individual to the business or its agents, employees, or
contractors; and
(B) if information submitted to a business is not correct or is
no longer correct, to obtain the correct information only for
purposes of preventing fraud by, pursuing legal remedies
against, or recovering on a debt or security interest against, the
individual.
(4) For use in connection with a civil, a criminal, an
administrative, or an arbitration proceeding in a court or
government agency or before a self-regulatory body, including the
service of process, investigation in anticipation of litigation, and
the execution or enforcement of judgments and orders, or under
an order of a court.
(5) For use in research activities, and for use in producing
statistical reports, as long as the personal information is not
published, re-disclosed, or used to contact the individuals who are
the subject of the personal information.
(6) For use by an insurer, an insurance support organization, or a
self-insured entity, or the agents, employees, or contractors of an
insurer, an insurance support organization, or a self-insured entity
in connection with claims investigation activities, anti-fraud
activities, rating, or underwriting.
(7) For use in providing notice to the owners of towed or
impounded vehicles.
(8) For use by a licensed private investigative agency or licensed
security service for a purpose allowed under this section.
(9) For use by an employer or its agent or insurer to obtain or
verify information relating to a holder of a commercial driver's
license that is required under the Commercial Motor Vehicle
Safety Act of 1986 (49 U.S.C. 2710 et seq.).
(10) For use in connection with the operation of private toll
transportation facilities.
(11) For any use in response to requests for individual motor
vehicle records when the bureau has obtained the written consent
of the person to whom the personal information pertains.
(12) For bulk distribution for surveys, marketing, or solicitations when the bureau has obtained the written consent of the person to whom the personal information pertains.
(13) For use by any person, when the person demonstrates, in a form and manner prescribed by the bureau, that written consent has been obtained from the individual who is the subject of the information.
(14) For any other use specifically authorized by law that is related to the operation of a motor vehicle or public safety.
However, this section does not affect the use of anatomical gift information on a person's driver's license or identification document issued by the bureau, nor does
SECTION 43. IC 9-14-3.5-10.5, AS AMENDED BY P.L.184-2007, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10.5.
(1) With the express written consent of the person to whom the highly restricted personal information pertains.
(2) In the absence of the express written consent of the person to whom the highly restricted personal information pertains, if the person requesting the information:
SECTION 44. IC 9-14-3.5-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 15. A person requesting the disclosure of personal information or highly restricted personal information from bureau records who knowingly or intentionally misrepresents the person's identity or makes a false statement to the bureau on an application required to be submitted under this chapter
commits a Class C misdemeanor.
SECTION 45. IC 9-14-5-1, AS AMENDED BY P.L.184-2007,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. The bureau shall issue a placard to the
following:
(1) An individual of any age who:
(A) has a temporary or permanent physical disability that
requires the use of a wheelchair, a walker, braces, or crutches
as certified by a health care provider listed in clause (C);
(B) has temporarily or permanently lost the use of one (1) or
both legs;
(C) is certified to be severely restricted in mobility, either
temporarily or permanently, due to a pulmonary or
cardiovascular disability, arthritic condition, or orthopedic or
neurological impairment, by:
(i) a physician having an unlimited a valid and
unrestricted license to practice medicine;
(ii) a physician who is a commissioned medical officer of
the armed forces of the United States or of the United States
Public Health Service;
(iii) a physician who is a medical officer of the United States
Department of Veterans Affairs;
(iv) a chiropractor licensed with a valid and unrestricted
license under IC 25-10-1;
(v) a podiatrist licensed with a valid and unrestricted
license under IC 25-29-1; or
(vi) an advanced practice nurse licensed with a valid and
unrestricted license under IC 25-23; or
(D) is certified to be blind or visually impaired by an
optometrist or ophthalmologist licensed with a valid and
unrestricted license to practice in Indiana. to be blind or
visually impaired.
(2) Any corporation, limited liability company, partnership,
unincorporated association, and any legal successor of the
corporation, limited liability company, partnership, or association,
empowered by the state or a political subdivision to operate
programs, including the provision of transportation, or facilities
for persons with physical disabilities.
SECTION 46. IC 9-14-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. The certification
made by a physician, an optometrist, or an ophthalmologist under
section 1(1)(C) or 1(1)(D) of this chapter must:
(1) be on a form prescribed by the
(2) state the expected duration of the condition that severely restricts the individual's mobility.
SECTION 47. IC 9-14-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) A placard issued under section 1(1) of this chapter expires
(b) If the recipient's disability is not permanent, a placard issued under section 1(1) of this chapter expires:
(1) six (6) months after the date of the placard's issuance; or
(2) on the date certified by a physician under section 1(1)(C) or 1(1)(D) of this chapter;
whichever occurs first.
SECTION 48. IC 9-14-5-6 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 49. IC 9-14-5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. The bureau may establish by rule and charge a fee of not more than five dollars ($5) to cover the cost of issuing a placard or duplicate placard under this chapter to
SECTION 50. IC 9-15-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) The commission board consists of the following five (5) individuals:
(1) Four (4) individuals, not more than two (2) of whom may be members of the same political party, who:
(A) shall be appointed by the governor;
(B) serve for terms of four (4) years;
(C) may not hold any other public office or serve as a state or local employee while serving as a commission board member; and
(D) shall devote as much time as is needed to carry out their
duties, but are not required to devote full time to their duties.
(2) The commissioner, who:
(A) shall serve as chairman of the commission board; and
(B) is responsible for calling commission board meetings.
(b) The commission consists of all:
(1) officers and employees of the license branches under
IC 9-16; and
(2) other officers and employees designated as commission
employees.
SECTION 51. IC 9-15-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. Three (3)
commission board members constitute a quorum. The consent of three
(3) commission board members is required before any action may be
taken.
SECTION 52. IC 9-15-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) Each member of
the commission board who is not a state employee is entitled to the
minimum salary per diem provided by IC 4-10-11-2.1(b). That A
board member is also entitled to reimbursement for traveling expenses
and other expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(b) Each member of the commission board who is a state employee
is entitled to reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties, as provided
in the state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
SECTION 53. IC 9-15-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. The commission
board shall do the following:
(1) Develop and continuously update the bureau's policies.
(2) (1) Recommend to the governor legislation that is needed to
implement the policies developed by the commission. operate the
license branches.
(3) (2) Recommend to the bureau proposed rules that are needed
to implement the policies developed by the commission and
require those proposed rules to be adopted under IC 4-22-2.
operate the license branches.
(4) (3) Review revise, adopt, and submit to the budget agency
budget proposals for the commission the bureau, and the license
branches operated under IC 9-16, including the budget required
by IC 9-16-3-3.
(5) (4) Establish the determination criteria and determine the
number and location of license branches to be operated under
IC 9-16. However, there must be at least one (1) full service
license branch in each county.
(6) (5) Establish and adopt minimum standards for the operation
and maintenance of each full or partial service license branch
operated under IC 9-16.
(7) Before January 1, 1997, establish and adopt minimum
standards for the operation and maintenance of each partial
service contractor under IC 9-16. The standards must result in
more convenience to the public by providing license branch
services at as many walk-up locations as possible without
increasing the costs of providing these services.
(8) Before March 1, 1997, establish and adopt minimum
standards for providing license branch services using telephonic,
facsimile, electronic, or computer means under IC 9-16.
(9) (6) Administer the state license branch fund established under
IC 9-29-14.
SECTION 54. IC 9-15-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. The commission
board may do the following:
(1) Procure insurance against any loss in connection with the
commission's operations in the amount the commission board
considers necessary or desirable.
(2) Contract for the operation of full service license branches
under IC 9-16-1-4 and partial services under IC 9-16-1-4.5.
(3) Take any other action necessary to achieve the commission's
purpose.
SECTION 55. IC 9-15-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. IC 34-13-3 applies
to a claim or suit in tort against any of the following:
(1) A member of the commission or commission board.
(2) An employee of the commission, who is employed at a license
branch under IC 9-16, except for an employee employed at a
license branch operated under a contract with the commission
under IC 9-16-1-4.
SECTION 56. IC 9-16-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. As used in this
chapter, "qualified person" means any of the following:
(1) A motor club that is any of the following:
(A) A domestic corporation.
(B) A foreign corporation qualified to transact business in Indiana under IC 23-1 or IC 23-17.
(2) A financial institution (as defined in IC 28-1-1-3).
(3) A new motor vehicle dealer licensed under IC 9-23-2.
(4) Other persons, including persons licensed under IC 9-23-2 that are not covered by subdivision (3), that the commission determines can meet the
SECTION 57. IC 9-16-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. The
SECTION 58. IC 9-16-1-2.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2.5. The number of license branches may not be reduced in a county below the number in existence on January 1, 2001, unless the
(1) holds a public hearing in the county; and
(2) receives unlimited public testimony before the commissioner on the merits of closing the branch that the
SECTION 59. IC 9-16-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) The commission may contract with a qualified person for:
(1) the operation of a full service license branch under this section;
(2)
(3) other services to process specific transactions as outlined by the commission.
(b) A contract for the operation of a full service license branch must include the following provisions:
(1) The contractor shall provide a full service license branch, including the following services:
(A) Vehicle titles.
(B) Vehicle registration.
(C) Driver's licenses.
(D) Voter registration as provided in IC 3-7.
(2) The contractor shall provide trained personnel to properly process branch transactions.
(3) The contractor shall do the following:
(A) Collect and transmit all bureau fees and taxes collected at
the license branch.
(B) Deposit the taxes collected at the license branch with the
commission to be deposited with the county treasurer in the
manner prescribed by IC 6-3.5 or IC 6-6-5.
(4) The contractor shall generate a transaction volume sufficient
to justify the installation of bureau support systems.
(5) The contractor shall provide fidelity bond coverage in an
amount prescribed by the commission.
(6) The contractor may operate the license branch within a facility
used for other purposes.
(7) The contractor shall pay the cost of any post audits conducted
by the commission or the state board of accounts on an actual cost
basis.
(8) The commission shall provide support systems and driver's
license examiners on the same basis as state operated branches.
(9) The commission shall provide the same equipment to
contractors as is provided to state operated branches.
(10) (9) The commission must approve each location and physical
facility based upon criteria developed by the commission board.
(11) (10) The term of the contract must be for a fixed period.
(12) (11) The contractor shall agree to provide voter registration
services and to perform the same duties imposed on the
commission under IC 3-7.
SECTION 60. IC 9-16-1-4.5, AS AMENDED BY P.L.41-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4.5. (a) The commission may contract with a
qualified person to provide partial services at a qualified person's
location, including locations within a facility used for other purposes,
such as electronic titling and title application services and self-serve
terminal access.
(b) A contract for providing motor vehicle title or registration and
renewal services, or both, at a location must include the following
provisions:
(1) The contractor must provide trained personnel to properly
process motor vehicle registration and renewal transactions.
(2) The contractor shall do the following:
(A) Collect and transmit all bureau fees and taxes collected at
the contract location.
(B) Deposit the taxes collected at the contract location with the
commission to be deposited with the county treasurer in the
manner prescribed by IC 6-3.5 or IC 6-6-5.
(3) The contractor shall provide fidelity bond coverage in an
amount prescribed by the commission.
(4) The contractor shall provide:
(A) liability insurance coverage in an amount not to exceed
two million dollars ($2,000,000) per occurrence, as prescribed
by the commission; and
(B) indemnification of the commission for any liability in
excess of the amount of coverage provided under clause (A),
not to exceed five million dollars ($5,000,000) per occurrence.
(5) The contractor shall pay the cost of any post audits conducted
by the commission or the state board of accounts on an actual cost
basis.
(6) The commission must approve each location and physical
facility used by a contractor.
(7) The term of the contract must be for a fixed period.
SECTION 61. IC 9-16-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) Notwithstanding
IC 5-16, IC 5-17-1, and IC 5-22, the commission may develop a system
of procurement that applies only to procurement of equipment,
materials, services, and goods required for the operation of license
branches.
(b) A system of procurement adopted under this section must
provide that whenever:
(1) a contract is awarded by acceptance of bids, proposals, or
quotations; and
(2) a trust (as defined in IC 30-4-1-1(a)) submits a bid, proposal,
or quotation;
the bid, proposal, or quotation must identify each beneficiary of the
trust and each settlor empowered to revoke or modify the trust.
(c) This section does not apply to the purchasing, leasing, or
disposal of real property.
SECTION 62. IC 9-16-3-1 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 1. The manager of each license branch that is staffed by
commission employees shall prepare and submit a proposed operating
budget for that license branch to the commissioner before August 1 of
each year.
SECTION 63. IC 9-16-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. Based on the
proposed budgets from each of the license branches, The commission
shall develop a statewide license branch budget. If the commission
board determines that the total of:
(1) revenues from license branch operations; and
(2) appropriations received by the commission;
are insufficient to support license branch operations, the commission shall increase the branch service charges under IC 9-29-3.
SECTION 64. IC 9-16-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. On
(1) Total estimated revenue.
(2) Total estimated expenditures for salaries and fringe benefits.
(3) Total estimated expenditures for other personal services.
(4) Total estimated expenditures for nonpersonal services.
(5) Total estimated expenditures for contractual services.
(6) Total estimated expenditures for supplies and materials.
(7) All other estimated expenditures.
(8) The number of full-time and part-time employees.
(9) Other information the budget agency requires.
SECTION 65. IC 9-16-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4.
SECTION 66. IC 9-16-4-1, AS AMENDED BY P.L.221-2005, SECTION 143, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. The commission board may develop a separate personnel system for employees of the commission who are assigned to be managers and employees of commission license branches. The system may establish the rights, privileges, powers, and duties of these employees, including a license branch pay scale and benefit package. If the commission board does not develop and adopt a license branch personnel system, those employees are subject to the state personnel system under
SECTION 67. IC 9-16-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. The commission board may:
(1) develop a retirement program for managers and employees of commission license branches; or
(2) cause managers and employees of commission license branches to be members of the public employees' retirement fund (IC 5-10.3-7).
SECTION 68. IC 9-16-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. This chapter applies
to a license branch that furnishes any services other than the issuance
of a driver's license or identification card under IC 9-24. operated by
the commission.
SECTION 69. IC 9-16-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. The commission
License branches shall offer voter registration services under this
chapter, in addition to providing a voter registration application as a
part of an application for a motor vehicle driver's license, permit, or
identification card under IC 9-24-2.5 and 42 U.S.C. 1973gg-3.
SECTION 70. IC 9-17-1-1, AS AMENDED BY P.L.182-2009(ss),
SECTION 284, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 1. This article does not apply to:
(1) special machinery;
(2) farm wagons;
(3) a golf cart when operated in accordance with an ordinance
adopted under IC 9-21-1-3(a)(14) or IC 9-21-1-3.3(a); or
(4) a motor vehicle that was designed to have a maximum design
speed of not more than twenty-five (25) miles per hour and that
was built, constructed, modified, or assembled by a person other
than the manufacturer;
or any other vehicle that is not registered in accordance with
IC 9-18-2.
SECTION 71. IC 9-17-2-1, AS AMENDED BY P.L.131-2008,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. (a) This section does not apply to an off-road
vehicle that is at least five (5) model years old.
(b) Within sixty (60) days after becoming an Indiana resident, A
person must obtain a certificate of title for all vehicles owned by the
person that:
(1) are subject to the motor vehicle excise tax under IC 6-6-5; or
(2) are off-road vehicles;
and that will be operated in Indiana.
(c) Within sixty (60) days after becoming an Indiana resident, A
person shall must obtain a certificate of title for all commercial
vehicles owned by the person that:
(1) are subject to the commercial vehicle excise tax under
IC 6-6-5.5;
(2) are not subject to proportional registration under the
International Registration Plan; and
(3) will be operated in Indiana.
(d) Within sixty (60) days after becoming an Indiana resident, A
person must obtain a certificate of title for all recreational vehicles
owned by the person that:
(1) are subject to the excise tax imposed under IC 6-6-5.1; and
(2) will be operated in Indiana.
(e) A person must obtain a certificate of title for all vehicles
owned by the person not later than sixty (60) days after becoming
an Indiana resident. A person must produce evidence concerning the
date on which the person became an Indiana resident.
SECTION 72. IC 9-17-2-2, AS AMENDED BY P.L.83-2008,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. (a) A person applying for a certificate of title
for a vehicle must submit an application on a form furnished by the
bureau that contains and provide the following information:
(1) A full description of the vehicle, including the make, model,
and year of manufacture of the vehicle.
(2) A statement of the person's title and of any lien or
encumbrance on the vehicle.
(3) The vehicle identification number or special identification
number of the vehicle.
(4) The former title number, if applicable.
(5) The purchase or acquisition date.
(6) The name, residence address and, if different from the
residence address, mailing address, and Social Security
number or federal identification number of the person.
(3) (7) Other information that the bureau requires.
(b) This subsection applies only to an individual who receives an
interest in a vehicle under IC 9-17-3-9. To obtain a certificate of title
for the vehicle, the individual must do the following:
(1) Surrender the certificate of title designating the individual as
a transfer on death beneficiary.
(2) Submit proof of the transferor's death.
(3) Submit an application for a certificate of title on a form
furnished by the bureau that meets the requirements of subsection
(a).
SECTION 73. IC 9-17-2-3, AS AMENDED BY P.L.131-2008,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) The form application described under
section 2 of this chapter must include the following printed statement:
"I swear or affirm that the information I have entered on this form
is correct. I understand that making a false statement on this form
may constitute the crime of perjury.".
(b) The person applying for the certificate of title must sign the form
directly below the printed statement.
(c) The form described under section 2 of this chapter must include
the statement required by IC 9-17-3-3.2.
SECTION 74. IC 9-17-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. If a certificate of
title:
(1) has been previously issued for a vehicle in Indiana, an
application for a certificate of title must be accompanied by the
previously issued certificate of title, unless otherwise provided; or
(2) has not previously been issued for a vehicle in Indiana, an
application for a certificate of title must be accompanied by a
manufacturer's certificate of origin as provided in IC 9-17-8,
unless otherwise provided in this chapter.
SECTION 75. IC 9-17-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. The bureau shall
retain the evidence of title presented by a person upon which the
Indiana certificate of title is issued in accordance with applicable
document and record retention requirements.
SECTION 76. IC 9-17-2-9, AS AMENDED BY P.L.1-2007,
SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 9. (a) This section does not apply to a motor an
off-road vehicle requiring a certificate of title under section 1(b)(2) or
1.5 of this chapter.
(b) A person applying for a certificate of title must:
(1) apply for registration of the vehicle described in the
application for the certificate of title; or
(2) transfer the current registration of the vehicle owned or
previously owned by the person.
SECTION 77. IC 9-17-2-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. If the bureau is
satisfied that the person applying for a certificate of title is the owner
of the vehicle, or is otherwise entitled to have the vehicle registered in
the person's name, the bureau may issue a certificate of title for the
vehicle.
SECTION 78. IC 9-17-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11. (a) The bureau shall
deliver a certificate of title to the person who owns the vehicle if no
lien or encumbrance appears on the certificate of title.
(b) If a lien or an encumbrance appears on the vehicle, the bureau
shall deliver the certificate of title to the person named to receive the
certificate of title who holds the lien or encumbrance set forth in the
application for the certificate of title.
SECTION 79. IC 9-17-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) If a certificate of title:
(1) is lost or stolen;
(2) is mutilated;
(3) is destroyed; or
(4) becomes illegible;
the person who owns the vehicle or the legal representative or legal successor in interest of the person who owns the vehicle for which the certificate of title was issued, as shown by the records of the bureau, shall immediately apply for and may obtain a duplicate certificate of title.
(b) To obtain a duplicate certificate of title under subsection (a), a person must:
(1) furnish information satisfactory to the bureau concerning the loss, theft, mutilation, destruction, or illegibility of the certificate of title; and
(2) pay the fee provided under IC 9-29.
(c) The word "duplicate" shall be printed or stamped in ink on the face of a certificate of title issued under this section.
(d) When a duplicate certificate of title is issued, the previous certificate of title becomes void.
SECTION 80. IC 9-17-3-3.2, AS ADDED BY P.L.131-2008, SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3.2.
(b) The knowing or intentional failure of the seller or transferor to fill in all buyer information is a Class A misdemeanor
SECTION 81. IC 9-17-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) A certificate of title for a vehicle held by an Indiana resident who is serving in the armed forces of the United States may be transferred by the Indiana resident to another person if the resident authorizes the transfer by a valid power of attorney or a letter signed by the Indiana resident.
The valid power of attorney or the letter must be accompanied by
proof that the Indiana resident is actively serving in the armed
forces of the United States and is outside Indiana.
(b) When the bureau receives the power of attorney or letter and
proof described in subsection (a), the bureau may make the transfer to
the person named in the power of attorney or letter.
(c) Whenever a transfer described in subsection (a) is made, the
power of attorney or letter:
(1) must be attached to the certificate of title being transferred;
and
(2) becomes a permanent record of the bureau.
(d) The bureau shall use reasonable diligence in determining if the
signature of the person who signed the letter described in subsection (a)
authorizing the transfer is the signature of the person.
(e) If the bureau is satisfied that the signature is the signature of the
person who owns the vehicle described in the certificate of title, the
bureau shall issue an appropriate certificate of title over the signature
of the bureau and sealed with the seal of the bureau to the person
named in the letter.
SECTION 82. IC 9-17-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) Whenever a
vehicle for which a certificate of title is required by this article is sold
under:
(1) an order or a process of an Indiana court; or
(2) any provision of an Indiana statute;
the person who purchases the vehicle may obtain a certificate of title
for the vehicle by filing an application for the certificate of title with
the bureau and attaching to the application written evidence showing
the order, process, or statute under which the person obtained
ownership of the vehicle.
(b) The bureau shall use due diligence to ascertain that the sale was
in conformity with the order, process, or statute under which the sale
occurred and, if the bureau is satisfied, the bureau shall issue a
certificate of title to the person who obtained or purchased the vehicle.
(c) An order or a process of an Indiana court described in
subsection (a) must include the:
(1) year of manufacture of;
(2) make and model of;
(3) vehicle identification number of; and
(4) name and address of the person who is entitled to;
the vehicle.
SECTION 83. IC 9-17-3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) Except as
provided in subsection (b), if the bureau receives notification from
another state or a foreign country that a certificate of title for a vehicle
that was issued by the bureau has been surrendered by the person who
owns the vehicle in conformity with the laws of the other state or
country, the bureau may cancel the record of certificate of title in
Indiana.
(b) The bureau must retain information necessary to comply with
rules adopted under section 8 of this chapter.
SECTION 84. IC 9-17-3-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. The bureau shall:
adopt rules under IC 4-22-2 that:
(1) enable the owner of a motor vehicle titled in Indiana to
determine:
(A) whether that motor vehicle has previously been titled in
Indiana; and
(B) if the motor vehicle has previously been titled in Indiana,
whether the title was issued as a salvage title under IC 9-22-3;
and
(2) impose a service charge under IC 9-29-3-19 for services
performed by the bureau under this section.
SECTION 85. IC 9-17-4-0.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 0.3. As used in this
chapter, "assembled vehicle" means:
(1) a motor vehicle, excluding a motorcycle, that has had the:
(A) frame;
(B) chassis;
(C) cab; or
(D) body;
replaced or constructed; or
(2) a motorcycle that has had the:
(A) frame; or
(B) engine;
replaced or constructed.
The term includes but is not limited to glider kits, fiberglass body kits,
and vehicle reproductions or replicas and includes motor vehicles that
have visible and original vehicle identification numbers.
SECTION 86. IC 9-17-4-0.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 0.5. As used in this
chapter, "special identification number" means a distinguishing
number assigned by the bureau to a privately assembled motor vehicle,
semitrailer, or recreational vehicle.
SECTION 87. IC 9-17-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. If a motor vehicle, semitrailer, or recreational vehicle has been built, constructed, or assembled by the person who owns the motor vehicle, semitrailer, or recreational vehicle, the person shall:
(1) indicate on a form provided by the bureau the major component parts that have been used to assemble the motor vehicle, semitrailer, or recreational vehicle;
(2) make application through the bureau for
(3) after receipt of the special identification number described in subdivision (2), stamp or attach the special identification number received from the bureau in the manner provided in section
(4) apply for a certificate of title for the motor vehicle, semitrailer, or recreational vehicle from the bureau.
SECTION 88. IC 9-17-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. A certificate of title may not be issued for a manufactured or privately assembled motor vehicle, semitrailer, or recreational vehicle that does not have a
(1) an inspection performed under IC 9-17-2-12;
SECTION 89. IC 9-17-4-3 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 90. IC 9-17-4-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. A certificate of title issued under this chapter must contain the following:
(1) A description and other evidence of identification of the motor vehicle, semitrailer, or recreational vehicle as required by the bureau.
(2) A statement of any liens or encumbrances that the application
shows to be on the certificate of title.
(3) The appropriate notation prominently recorded on the front of
the title as follows:
(A) For a vehicle assembled using all new vehicle parts,
excluding the vehicle frame, "ASSEMBLED
"RECONSTRUCTED VEHICLE".
(B) For a vehicle assembled using used parts, "REBUILT
VEHICLE".
(C) For a vehicle assembled using a salvage vehicle or parts,
"REBUILT SALVAGE".
SECTION 91. IC 9-17-4-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 4.5. (a) A person must obtain a body change title
whenever a vehicle is altered so that the alteration changes the type
of the vehicle, as noted on the:
(1) current title; or
(2) certificate of origin;
of the vehicle.
(b) To receive a body change title, an applicant must provide:
(1) the former title or certificate of origin;
(2) a properly completed body change affidavit using a bureau
designated form; and
(3) proof of a vehicle inspection.
(c) An assembled vehicle and a vehicle that is altered such that
the vehicle type is changed must meet all applicable federal and
state highway safety requirements before the vehicle may be titled
and registered for operation on highways.
SECTION 92. IC 9-17-5-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 5. (a) A security agreement covering a security
interest in a vehicle that is not inventory held for sale can be
perfected only if the bureau indicates the security interest on the
certificate of title or duplicate. Except as otherwise provided in
subsections (b) and (c), IC 26-1-9.1 applies to security interests in
vehicles.
(b) The secured party, upon presentation to the bureau of a
properly completed application for certificate of title together with
the fee prescribed, may have a notation of the lien made on the face
of the certificate of title to be issued by the bureau. The bureau
shall:
(1) enter the notation and the date of the notation; and
(2) note the lien and date of lien in the bureau's files.
(c) Whenever a lien is discharged, the holder shall note the
discharge on the certificate of title over the signature of the holder.
SECTION 93. IC 9-17-6-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. If the bureau is
satisfied that the person applying for the certificate of title is the owner
of the manufactured home or is otherwise entitled to have the
manufactured home titled in the person's name, the bureau shall issue
an appropriate certificate of title. over the signature of the bureau and
sealed with the seal of the bureau.
SECTION 94. IC 9-17-7-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 2.5. (a) A security agreement covering a security
interest in a trailer that is not inventory held for sale can be
perfected only if the bureau indicates the security interest on the
certificate of title or duplicate. Except as otherwise provided in
subsections (b) and (c), IC 26-1-9.1 applies to security interests in
trailers.
(b) The secured party, upon presentation to the bureau of a
properly completed application for certificate of title together with
the fee prescribed in IC 9-29-4, may have a notation of the lien
made on the face of the certificate of title to be issued by the
bureau. The bureau shall:
(1) enter the notation and the date of the notation; and
(2) note the lien and date of lien in the bureau's files.
(c) Whenever a lien is discharged, the holder shall note the
discharge on the certificate of title over the signature of the holder.
SECTION 95. IC 9-18-1-1, AS AMENDED BY P.L.182-2009(ss),
SECTION 285, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 1. This article does not apply to the
following:
(1) Farm wagons.
(2) Farm tractors.
(3) A new motor vehicle if the new motor vehicle is being
operated in Indiana solely to remove it from an accident site to a
storage location because:
(A) the new motor vehicle was being transported on a railroad
car or semitrailer; and
(B) the railroad car or semitrailer was involved in an accident
that required the unloading of the new motor vehicle to
preserve or prevent further damage to it.
(4) An implement of agriculture designed to be operated primarily
in a farm field or on farm premises.
(5) Off-road vehicles.
(6) Golf carts when operated in accordance with an ordinance adopted under IC 9-21-1-3(a)(14) or IC 9-21-1-3.3(a).
(7) Vehicles that are not issued a certificate of title under IC 9-17, unless otherwise provided in this article.
SECTION 96. IC 9-18-2-1, AS AMENDED BY P.L.1-2009, SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a)
(1) are subject to the motor vehicle excise tax under IC 6-6-5; and
(2) will be operated in Indiana.
(b)
(1) are subject to the commercial vehicle excise tax under IC 6-6-5.5;
(2) are not subject to proportional registration under the International Registration Plan; and
(3) will be operated in Indiana.
(c)
(1) are subject to the excise tax imposed under IC 6-6-5.1; and
(2) will be operated in Indiana.
(d) A person must
(e) Except as provided in subsection (f), an Indiana resident must register all motor vehicles operated in Indiana.
(f) An Indiana resident who has a legal residence in a state that is not contiguous to Indiana may operate a motor vehicle in Indiana for not more than sixty (60) days without registering the motor vehicle in Indiana.
(g) An Indiana resident who has registered a motor vehicle in Indiana in any previous registration year is not required to register the motor vehicle, is not required to pay motor vehicle excise tax under IC 6-6-5 or the commercial vehicle excise tax under IC 6-6-5.5 on the motor vehicle, and is exempt from property tax on the motor vehicle for any registration year in which:
(1) the Indiana resident is:
(A) an active member of the armed forces of the United States; and
(B) assigned to a duty station outside Indiana; and
(2) the motor vehicle is not operated inside or outside Indiana.
This subsection may not be construed as granting the bureau authority to require the registration of any vehicle that is not operated in Indiana.
(h) When an Indiana resident registers a motor vehicle in Indiana after the period of exemption described in subsection (g), the Indiana resident may submit an affidavit that:
(1) states facts demonstrating that the motor vehicle is a motor vehicle described in subsection (g); and
(2) is signed by the owner of the motor vehicle under penalties of perjury;
as sufficient proof that the owner of the motor vehicle is not required to register the motor vehicle during a registration year described in subsection (g). The commission or bureau may not require the Indiana resident to pay any civil penalty or any reinstatement or other fee that is not also charged to other motor vehicles being registered in the same registration year.
SECTION 97. IC 9-18-2-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11. A person registering a motor vehicle
SECTION 98. IC 9-18-2-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 16.
(1) The:
(A) name, bona fide residence, and mailing address, including the name of the county, of the person who owns the vehicle; or
(B) business address, including the name of the county, of the person that owns the vehicle if the person is a firm, a partnership, an association, a corporation, a limited liability company, or a unit of government.
If the vehicle that is being registered has been leased and is subject to the motor vehicle excise tax under IC 6-6-5 or the commercial vehicle excise tax under IC 6-6-5.5,
the application must contain the address of the person who owns
the vehicle, the person who is the lessor of the vehicle, or the
person who is the lessee of the vehicle must be provided. If a
leased vehicle is to be registered under the International
Registration Plan, the registration procedures are governed by the
terms of the plan.
(2) A brief description of the vehicle to be registered, including
the following information if available:
(A) The name of the manufacturer of the vehicle.
(B) The vehicle identification number.
(C) The manufacturer's rated capacity if the vehicle is a truck,
tractor, trailer, or semitrailer.
(D) The type of body of the vehicle.
(E) The model year of the vehicle.
(F) The color of the vehicle.
(F) (G) Any other information reasonably required by the
bureau to enable the bureau to determine if the vehicle may be
registered. The bureau may request the person applying for
registration to provide the vehicle's odometer reading.
(3) A space on the application in which The person registering the
vehicle may indicate the person's desire to donate money to
organizations that promote the procurement of organs for
anatomical gifts. The space on the application bureau must:
(A) allow the person registering the vehicle to indicate the
amount the person desires to donate; and
(B) provide that the minimum amount a person may donate is
one dollar ($1).
Funds collected under this subdivision shall be deposited with the
treasurer of state in a special account. The auditor of state shall
monthly distribute the money in the special account to the
anatomical gift promotion fund established by IC 16-19-3-26. The
bureau may deduct from the funds collected under this
subdivision the costs incurred by the bureau in implementing and
administering this subdivision.
(c) (b) The department of state revenue may audit records of
persons who register trucks, trailers, semitrailers, buses, and rental cars
under the International Registration Plan to verify the accuracy of the
application and collect or refund fees due.
SECTION 99. IC 9-18-2-17, AS AMENDED BY P.L.163-2011,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 17. (a) Upon receiving an application the
information under section 16 of this chapter, the bureau shall:
(1) determine:
(A) the genuineness and regularity of the
(B) that the person applying for registration is entitled to register the vehicle;
(b) Upon receiving notice, as described in IC 9-21-3.5-10(c), of the failure of an owner of a vehicle to pay a fine, charge, or other assessment for a toll violation documented under IC 9-21-3.5-12, the bureau shall withhold the annual registration of the vehicle that was used in the commission of the toll violation until the owner pays the fine, charge, or other assessment, plus any applicable fees, to:
(1) the bureau; or
(2) the appropriate authority under IC 9-21-3.5 that is responsible for the collection of fines, charges, or other assessments for toll violations under IC 9-21-3.5.
If the owner pays the fine, charge, or assessment, plus any applicable fees, to the bureau as described in subdivision (1), the bureau shall remit the appropriate amount to the appropriate authority under IC 9-21-3.5 that is responsible for the collection of fines, charges, assessments, or fees for toll violations under IC 9-21-3.5.
SECTION 100. IC 9-18-2-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 21. (a)
(b) A certificate of registration or a legible reproduction of the certificate of registration must be carried:
(1) in the vehicle to which the registration refers; or
(2) by the person driving or in control of the vehicle, who shall display the registration upon the demand of a police officer.
(c) A legible reproduction of the certificate of registration may be made by any photostatic or similar process.
SECTION 101. IC 9-18-2-24 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 24. The bureau may destroy applications for registration
of motor vehicles that have been on file in the bureau for a period of at
least three (3) years.
SECTION 102. IC 9-18-2-29.5, AS ADDED BY P.L.210-2005,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 29.5. Before a piece of special machinery is
operated off a highway or in a farm field, the person who owns the
piece of special machinery must:
(1) register the piece of special machinery with the bureau; and
(2) pay the applicable special machinery registration fee.
SECTION 103. IC 9-18-4-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) The bureau may:
(1) prescribe forms; and
(2) adopt rules;
to implement this chapter.
(b) A form prescribed under this section must include the
information described in IC 9-18-2-16(b)(3). IC 9-18-2-16(a)(3).
SECTION 104. IC 9-18-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. An application A
request for registration under this chapter must be:
(1) made under the laws governing applications; and
(2) signed for, on behalf of the holder, by the person named in the
letter.
SECTION 105. IC 9-18-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. Upon receiving an
application and a letter of authorization, the bureau shall determine if
the signature on the letter is that of the person who holds the certificate
of title for the motor vehicle by comparing the signature on the letter
with the signature on the certificate of title.
SECTION 106. IC 9-18-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) A person may
apply for and receive a temporary registration permit for a motor
vehicle, semitrailer, trailer designed to be used with a semitrailer, or
recreational vehicle.
(b) Except as provided in section 1.5 of this chapter, A temporary
registration permit is valid for a period of thirty (30) days from the date
of issuance and authorizes the use of the motor vehicle, semitrailer,
trailer designed to be used with a semitrailer, or recreational vehicle on
the highways if any of the following conditions exist:
(1) The person has purchased or otherwise obtained the vehicle
in Indiana and will be titling or registering the vehicle in another
state or foreign country.
(2) The person is a resident of Indiana and is intending to move to another state and the current vehicle registration or temporary permit will expire before the person moves.
(3) The person is a resident of Indiana and the vehicle registration in another state has expired and the person has applied for an Indiana title for the vehicle.
(4) The person is a manufacturer of semitrailers or trailers designed to be used with a semitrailer that may be leased by the manufacturer to any person, including a motor carrier, for not more than the term of the special registration permit. This subdivision does not prohibit the transportation of property on a semitrailer or trailer operating under a temporary registration permit. A copy of the lease must accompany the semitrailer or trailer.
(5) The person owns and operates the vehicle and the person:
(A) does not operate the vehicle as a lessor; and
(B) moves the empty vehicle from one (1) lessee-carrier to another.
(6) The person owns a vehicle for which emissions testing is required and the vehicle will require further mechanical repairs in order to comply with the emissions testing requirements.
(c) The bureau shall prescribe the form of a temporary registration permit.
(d) A temporary registration permit shall be displayed on a vehicle in a manner determined by the bureau.
(e) The bureau may provide for the bulk issuance of temporary registration permits to manufacturers for the purpose of subsection (b)(4).
(f) Subject to IC 9-25-1-2, a temporary registration permit may be obtained under this section if the owner of the vehicle provides proof of financial responsibility in the amounts specified under IC 9-25 in a form required by the bureau.
SECTION 107. IC 9-18-7-1.5 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 108. IC 9-18-11-3 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 109. IC 9-18-12-3 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 110. IC 9-18-14-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. If a person who owns a military vehicle registers the military vehicle under this chapter, the registration of the military vehicle is for the life of the military vehicle. A person who owns a military vehicle shall also pay any applicable excise taxes under IC 6-6-5 and IC 6-6-5.5.
SECTION 111. IC 9-18-14-5 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 5. The bureau shall adopt rules under IC 4-22-2 to
implement this chapter. SECTION 112. IC 9-18-25-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2012 (RETROACTIVE)]:
Sec. 2. (a) The bureau shall adopt rules under IC 4-22-2 establishing
the requirements to qualify for participation in the special group
recognition license plate program.
(b) Representatives of a special group shall petition the bureau to
qualify for participation in the special group recognition license plate
program.
(c) Each petition submitted under this section must contain the
printed name, address, and signature of at least five hundred (500)
members of the special group who pledge to purchase the special group
recognition license plate if a special group recognition license plate is
issued for the group under this chapter.
(d) Except as provided in subsection (e), when a petition
containing the information required in subsection (c) is submitted to
the bureau, the bureau may design and issue a special group
recognition license plate that designates a vehicle as being registered
under this chapter by a person (as defined in IC 9-13-2-124) who is a
member of the special group.
(e) This subsection expires December 31, 2013. Notwithstanding
subsection (d), the bureau may not approve a new special group
recognition license plate in accordance with this section until July
15, 2013.
SECTION 113. IC 9-22-1-4, AS AMENDED BY P.L.191-2007,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) Except as provided in subsection (c), the
person who owns owner of an abandoned vehicle or parts is:
(1) responsible for the abandonment; and
(2) liable for all of the costs incidental to the removal, storage,
and disposal;
of the vehicle or the parts under this chapter.
(b) The costs for storage of an abandoned vehicle may not exceed
one thousand five hundred dollars ($1,500).
(c) If an abandoned vehicle is sold by a person who removed, towed,
or stored the vehicle, the person who previously owned the vehicle is
not responsible for storage fees.
(d) If an abandoned vehicle is sold by a person who removed,
towed, or stored the vehicle, and proceeds from the sale of the vehicle
covered the removal, towing, and storage expenses, any remaining
proceeds from the sale of the vehicle shall be returned to the previous
owner of the vehicle if the previous owner is known.
SECTION 114. IC 9-22-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. When an officer
discovers a vehicle in the possession of a person other than the person
who owns owner of the vehicle and the person cannot establish the
right to possession of the vehicle, the vehicle shall be taken to and
stored in a suitable place.
SECTION 115. IC 9-22-1-6 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 6. The bureau shall be notified within seventy-two (72)
hours of the location and description of a vehicle described in section
5 of this chapter.
SECTION 116. IC 9-22-1-7, AS AMENDED BY P.L.191-2007,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 7. If:
(1) the person who owns owner or holds a lien lienholder under
section 8 of this chapter does not appear and pay all costs; or
(2) the person who owns owner of a vehicle cannot be
determined by a search conducted under section 19 of this
chapter;
the vehicle is considered abandoned and must be disposed of under this
chapter.
SECTION 117. IC 9-22-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. If the properly
identified person who owns or holds a lien on a vehicle appears at the
site of storage before disposal of the vehicle or parts and pays all costs
incurred against the vehicle or parts at that time, the vehicle or parts
shall be released. A towing service shall notify the appropriate
public agency of all releases under this section. The notification
must include the name, signature, and address of the person that
owns or holds a lien on the vehicle, a description of the vehicle or
parts, costs, and the date of release.
SECTION 118. IC 9-22-1-9 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 9. The release must state the name, signature, and address
of the person who owns or holds a lien on the vehicle, a description of
the vehicle or parts, costs, and date of release. A towing service shall
notify the appropriate public agency of all releases under section 8 of
this chapter.
SECTION 119. IC 9-22-1-12, AS AMENDED BY P.L.131-2008,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 12. If a vehicle or a part tagged under section 11
of this chapter is not removed within the applicable period, the officer
shall prepare a written abandoned vehicle report of the vehicle or parts,
including information on the condition and missing parts. and other
facts that might substantiate the estimated market value of the vehicle
or parts. Photographs shall may be taken to describe the condition of
the vehicle or parts.
SECTION 120. IC 9-22-1-13, AS AMENDED BY P.L.191-2007,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 13. (a) If in the opinion of the officer vehicle is a
junk vehicle and the market value of an abandoned vehicle or parts
determined in accordance with section 12 of this chapter is less than:
(1) five hundred dollars ($500); one thousand dollars ($1,000);
or
(2) in a municipality that has adopted an ordinance under
subsection (b), the amount established by the ordinance;
the officer towing service shall immediately dispose of transfer the
vehicle to a storage yard. A copy of the abandoned vehicle report and
photographs, if applicable, relating to the abandoned vehicle shall be
forwarded provided to the bureau. storage yard. A towing service or
storage yard may dispose of an abandoned vehicle not less than thirty
(30) days after the date on which the towing service removed the
abandoned vehicle. A city, county, or town that operates a storage yard
under IC 36-9-30-3 may dispose of an abandoned vehicle to an
automobile scrapyard or an automotive salvage recycler upon removal
of the abandoned vehicle. The public agency or storage yard
disposing of the vehicle shall retain the original records and
photographs for at least two (2) years. If the vehicle is demolished, a
copy of the abandoned vehicle report shall be forwarded to the
bureau by the automobile scrap yard after the vehicle has been
demolished.
(b) The legislative body of a municipality (as defined in
IC 36-1-2-11) may adopt an ordinance that establishes the market value
below which an officer may dispose of a vehicle or parts under
subsection (a). However, the market value established by the ordinance
may not be more than seven hundred fifty dollars ($750).
(c) When the bureau receives the report described in subsection
(a), the bureau shall note the status of the vehicle in the records of
the bureau.
SECTION 121. IC 9-22-1-14, AS AMENDED BY P.L.104-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 14. (a) If in the opinion of the officer the market
value of the abandoned vehicle or parts determined in accordance with
section 12 of this chapter is at least:
(1) five hundred dollars ($500); one thousand dollars ($1,000);
or
(2) in a municipality that has adopted an ordinance under section
13(b) of this chapter, the amount established by the ordinance;
the officer, before placing a notice tag on the vehicle or parts, shall
make a reasonable effort to ascertain the person who owns the vehicle
or parts or who may be in control of the vehicle or parts.
(b) After seventy-two (72) hours, the officer shall require the vehicle
or parts to be towed to a storage yard or towing service.
SECTION 122. IC 9-22-1-17, AS AMENDED BY P.L.191-2007,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 17. A towing service that tows a vehicle under
section 5 or 16 of this chapter shall give notice to the public agency
that the abandoned vehicle is in the possession of the towing service.
SECTION 123. IC 9-22-1-19, AS AMENDED BY P.L.191-2007,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 19. (a) Within seventy-two (72) hours after
removal of a vehicle to a storage yard or towing service under section
5, 13, 14, or 16 of this chapter, the public agency or towing service
shall do the following:
(1) Prepare and forward to the bureau a report containing a
description of the vehicle, including the following information
concerning the vehicle:
(A) The make.
(B) The model.
(C) The identification number.
(D) The number of the license plate.
(2) conduct a search of national data bases, including a data base
of vehicle identification numbers, to attempt to obtain the last
state of record of the vehicle in order to attempt to ascertain
the name and address of the person who owns or holds a lien on
the vehicle.
(b) Notwithstanding section 4 of this chapter, if the public agency
or towing service fails to notify the bureau of the removal of an
abandoned vehicle within seventy-two (72) hours after the vehicle is
removed as required by subsection (a), the public agency or towing
service:
(1) may not initially collect more in reimbursement for the costs
of storing the vehicle than the cost incurred for storage for
seventy-two (72) hours; and
(2) subject to subsection (c), may collect further reimbursement
under this chapter only for additional storage costs incurred after
notifying the bureau of the removal of the abandoned vehicle.
(1) name;
(2) address; and
(3) telephone number;
of the public agency or towing service. The notice must be made by certified mail or by means of an electronic service approved by the bureau. Notwithstanding section 4 of this chapter,
SECTION 124. IC 9-22-1-21.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 21.5. (a) An individual, a firm, a limited liability company, or a corporation that performs labor, furnishes materials or storage, or does repair work on a motor vehicle, trailer, semitrailer, or recreational vehicle at the request of the person that owns the vehicle has a lien on the vehicle for the reasonable value of the charges for the labor, materials, storage, or repairs.
(b) An individual, a firm, a partnership, a limited liability company, or a corporation that provides towing services for a motor vehicle, trailer, semitrailer, or recreational vehicle:
(1) at the request of the person that owns the motor vehicle, trailer, semitrailer, or recreational vehicle;
(2) at the request of an individual, a firm, a partnership, a limited liability company, or a corporation on whose property an abandoned motor vehicle, trailer, semitrailer, or recreational vehicle is located; or
(3) in accordance with this chapter;
has a lien on the vehicle for the reasonable value of the charges for the towing services and other related costs. An individual, a firm, a partnership, a limited liability company, or a corporation that
obtains a lien for an abandoned vehicle under subdivision (2) must
comply with sections 16, 17, and 19 of this chapter.
(c) If:
(1) the charges made under subsection (a) or (b) are not paid;
and
(2) the motor vehicle, trailer, semitrailer, or recreational
vehicle is not claimed;
not later than thirty (30) days after the date on which the vehicle
is left in or comes into the possession of the individual, firm, limited
liability company, or corporation for repairs, storage, towing, or
the furnishing of materials, the individual, firm, limited liability
company, or corporation may advertise the vehicle for sale. The
vehicle may not be sold earlier than fifteen (15) days after the date
the advertisement required by subsection (d) has been placed or
fifteen (15) days after notice required by subsection (e) has been
sent, whichever is later.
(d) Before a vehicle may be sold under subsection (c), an
advertisement must be placed in a newspaper that is printed in
English and of general circulation in the city or town in which the
place of business of the lienholder is located. If the lienholder is
located outside the corporate limits of a city or a town, the
advertisement must be placed in a newspaper of general circulation
in the county in which the place of business of the lienholder is
located. The advertisement must contain at least the following
information:
(1) A description of the vehicle, including make, type, and
manufacturer's identification number.
(2) The amount of the unpaid charges.
(3) The time, place, and date of the sale.
(e) In addition to the advertisement required under subsection
(d), the person that holds the lien must:
(1) notify the owner of the vehicle and any other person that
holds a lien of record at the owner's or other lienholder's last
known address by certified mail, return receipt requested; or
(2) if the vehicle is an abandoned vehicle, provide notice as
required under subdivision (1) if the location of the owner of
the vehicle or a lienholder of record is determined by the
bureau in a search under section 19 of this chapter;
that the vehicle will be sold at public auction on a specified date to
satisfy the lien imposed by this section.
(f) A person that holds a lien of record on a vehicle subject to
sale under this section may pay the storage, repair, towing, or
service charges due. If the person that holds the lien of record
elects to pay the charges due, the person is entitled to possession of
the vehicle and becomes the holder of the lien imposed by this
section.
(g) If the owner of a vehicle subject to sale under this section
does not claim the vehicle and satisfy the lien on the vehicle, the
vehicle may be sold at public auction to the highest and best bidder.
A person that holds a lien under this section may purchase a
vehicle subject to sale under this section.
(h) A person that holds a lien under this section may deduct and
retain the amount of the lien and the cost of the advertisement
required under subsection (d) from the purchase price received for
a vehicle sold under this section. After deducting from the
purchase price the amount of the lien and the cost of the
advertisement, the person shall pay the surplus of the purchase
price to the owner of the vehicle if the owner's address or
whereabouts are known. If the address or whereabouts of the
owner of the vehicle are not known, the surplus of the purchase
price shall be paid over to the clerk of the circuit court of the
county in which the person that holds the lien has a place of
business for the use and benefit of the owner of the vehicle.
(i) A person that holds a lien under this section shall execute and
deliver to the purchaser of a vehicle under this section a sales
certificate in the form designated by the bureau, setting forth the
following information:
(1) The facts of the sale.
(2) The vehicle identification number.
(3) The certificate of title if available.
(4) A certificate from the newspaper showing that the
advertisement was made as required under subsection (d).
Whenever the bureau receives an application for certificate of title
accompanied by these items from the purchaser, the bureau shall
issue a certificate of title for the vehicle under IC 9-17.
(j) A person that knowingly, intentionally, or recklessly violates
this section commits a Class A misdemeanor.
SECTION 125. IC 9-22-1-23, AS AMENDED BY P.L.191-2007,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 23. (a) This section applies to a city, town, or
county.
(b) Except as provided in subsection (c), if the person who owns or
holds a lien upon a vehicle does not appear within twenty (20) days
after the mailing of a notice or the notification made by electronic
service under section 19 of this chapter, the unit may sell the vehicle
or parts by either of the following methods:
(1) The unit may sell the vehicle or parts to the highest bidder at
a public sale. Notice of the sale shall be given under IC 5-3-1,
except that only one (1) newspaper insertion one (1) week before
the public sale is required.
(2) The unit may sell the vehicle or part as unclaimed property
under IC 36-1-11. The twenty (20) day period for the property to
remain unclaimed is sufficient for a sale under this subdivision.
(c) This subsection applies to a consolidated city or county
containing a consolidated city. If the person who owns or holds a lien
upon a vehicle does not appear within fifteen (15) days after the
mailing of a notice or the notification made by electronic service
under section 19 of this chapter, the unit may sell the vehicle or parts
by either of the following methods:
(1) The unit may sell the vehicle or parts to the highest bidder at
a public sale. Notice of the sale shall be given under IC 5-3-1,
except that only one (1) newspaper insertion one (1) week before
the public sale is required.
(2) The unit may sell the vehicle or part as unclaimed property
under IC 36-1-11. The fifteen (15) day period for the property to
remain unclaimed is sufficient for a sale under this subdivision.
SECTION 126. IC 9-22-1.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. The property owner
shall:
(1) request that a search be performed in the records of the bureau
for the name and address of the owner of the mobile home and the
name and address of any person holding a lien or security interest
on the mobile home;
(2) after receiving the results of the search required by
subdivision (1), give notice by certified mail, return receipt
requested, or in person, to the last known address of the owner of
the mobile home, to any lien holder with a perfected security
interest in the mobile home and to all other persons known to
claim an interest in the mobile home. The notice must include a
description of the mobile home, a demand that the mobile home
be removed within a specified time not less than ten (10) days
after receipt of the notice, and a conspicuous statement that unless
the mobile home is removed within that time, the mobile home
will be advertised for sale and offered for sale by auction at a
specified time and place;
(3) advertise that the mobile home will be offered for sale at
public auction in conformity with IC 26-1-7-210 and
IC 26-1-2-328. The advertisement of sale must be published once
a week for two (2) consecutive weeks in a newspaper of general
circulation in the county where the mobile home has been left
without permission. The advertisement must include a description
of the mobile home, the name of the owner of the mobile home,
if ascertainable, and the time and place of the sale. The sale must
take place at least fifteen (15) days after the first publication. If
there is no newspaper of general circulation where the sale is to
be held, the advertisement must be posted at least ten (10) days
before the sale in not less than six (6) conspicuous places in the
neighborhood of the proposed sale;
(4) conduct an auction, not less than thirty (30) days after the
return receipt is received by the property owner, on the property
where the mobile home was left without permission;
(5) provide a reasonable time before the sale for prospective
purchasers to examine the mobile home;
(6) sell the mobile home to the highest bidder, if any; and
(7) immediately after the auction, execute an affidavit of sale or
disposal in triplicate on a form prescribed by the bureau stating:
(A) that the requirements of this section have been met;
(B) the length of time that the mobile home was left on the
property without permission;
(C) any expenses incurred by the property owner, including
the expenses of the sale;
(D) the name and address of the purchaser of the mobile home
at the auction, if any; and
(E) the amount of the winning bid, if any.
If the auction produces no purchaser, the property owner shall
note that fact on the affidavit. The property owner shall list the
property owner, or any donee, as the purchaser on the affidavit of
sale or disposal.
SECTION 127. IC 9-22-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) Except as
provided in subsection (b), and section 14 of this chapter, this chapter
applies each year to a motor vehicle, semitrailer, or recreational vehicle
manufactured within the last seven (7) model years, including the
current model year. The bureau shall establish guidelines for
determining the applicability of the model year effective dates for each
year.
(b) The bureau may extend the model years to be covered each year
by this chapter up to a maximum of fifteen (15) model years, which
includes the current model year. after doing the following:
(1) Conducting a public hearing.
(2) Giving reasonable notice to known businesses affected by this
chapter.
SECTION 128. IC 9-22-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. The bureau shall
issue a certificate of salvage title as proof of ownership for a salvage
motor vehicle when the acquiring insurance company, disposal facility,
or person does the following:
(1) Applies for the certificate of salvage title.
(2) Pays the appropriate fee under IC 9-29-7.
(3) Surrenders the motor vehicle's original certificate of title The
certificate of title must be properly notarized or include the
affidavit of the last person who owned the vehicle, the person's
legal representative, or legal successor in interest of the vehicle,
or other acceptable proof of ownership as determined by the
bureau.
SECTION 129. IC 9-22-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. A certificate of
salvage title issued under section 4 of this chapter must contain the
following information:
(1) The same vehicle information as a certificate of title issued by
the department. bureau.
(2) The notation "SALVAGE TITLE" prominently recorded on
the front and back of the title.
(3) If the motor vehicle is a flood damaged vehicle, the notation
"FLOOD DAMAGED" prominently recorded on the front and
back of the title.
SECTION 130. IC 9-22-3-9 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 9. If a dealer purchases a salvage motor vehicle subject to
section 8 of this chapter and applies for a certificate of dealer title, the
affidavit attached to the certificate of salvage title must also be attached
to the certificate of dealer title. The bureau must retain the affidavit or
a microfilm copy of the form for ten (10) years.
SECTION 131. IC 9-22-3-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) If a certificate
of salvage title is lost, mutilated, or destroyed or becomes illegible, the
person who owns the vehicle or the legal representative or legal
successor in interest of the person who owns the motor vehicle,
semitrailer, or recreational vehicle for which the certificate of salvage
title was issued, as shown by the records of the bureau, of motor
vehicles, shall immediately apply for a duplicate certificate of salvage
title.
(b) A person described in subsection (a) may obtain a duplicate
certificate of salvage title when the person furnishes information
concerning the loss, mutilation, destruction, or illegibility satisfactory
to the department bureau and pays the fee set forth in IC 9-29-7. Upon
the issuance of a duplicate certificate of salvage title, the most recent
certificate of salvage title issued is considered void by the department.
bureau.
(c) A certificate of salvage title issued under this section must have
recorded upon the title's face and back the words "DUPLICATE
SALVAGE TITLE".
(d) If the lost, mutilated, destroyed, or illegible certificate of salvage
title contained the notation "FLOOD DAMAGED", the duplicate
certificate of salvage title must have recorded upon the title's face and
back the words "FLOOD DAMAGED".
SECTION 132. IC 9-22-3-11, AS AMENDED BY P.L.110-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 11. (a) This section applies to the following
persons:
(1) An insurance company that declares a wrecked or damaged
motor vehicle, motorcycle, semitrailer, or recreational vehicle that
meets at least one (1) of the criteria set forth in section 3 of this
chapter and the ownership of which is not evidenced by a
certificate of salvage title.
(2) An insurance company that has made and paid an agreed
settlement for the loss of a stolen motor vehicle, motorcycle,
semitrailer, or recreational vehicle that:
(A) has been recovered by the titled owner; and
(B) meets at least one (1) of the criteria set forth in section 3
of this chapter.
(b) A person who owns or holds a lien upon a vehicle described in
subsection (a) shall assign the certificate of title to the insurance
company described in subsection (a). The insurance company shall
apply to the bureau within thirty-one (31) days after receipt of the
certificate of title for a certificate of salvage title for each salvage or
stolen vehicle subject to this chapter. The insurance company shall
surrender the certificate of title to the department bureau and pay the
fee prescribed under IC 9-29-7 for a certificate of salvage title.
(c) When the owner of a vehicle described in subsection (a) retains
possession of the vehicle:
(1) the person who possesses the certificate of title shall surrender
the certificate of title to the insurance company described in
subdivision (2);
(2) the insurance company that completes an agreed settlement
for the vehicle shall:
(A) obtain the certificate of title; and
(B) submit to the bureau:
(i) the certificate of title;
(ii) the appropriate fee; and
(iii) a request for a certificate of salvage title on a form
prescribed by the bureau; and
(3) after the bureau has received the items set forth in subdivision
(2)(B), the bureau shall issue a certificate of salvage title to the
owner.
(d) When a self-insured entity is the owner of a salvage motor
vehicle, motorcycle, semitrailer, or recreational vehicle that meets at
least one (1) of the criteria set forth in section 3 of this chapter, the
self-insured entity shall apply to the bureau within thirty-one (31) days
after the date of loss for a certificate of salvage title in the name of the
self-insured entity's name.
(e) Any other person acquiring a wrecked or damaged motor
vehicle, motorcycle, semitrailer, or recreational vehicle that meets at
least one (1) of the criteria set forth in section 3 of this chapter, which
acquisition is not evidenced by a certificate of salvage title, shall apply
to the bureau within thirty-one (31) days after receipt of the certificate
of title for a certificate of salvage title.
(f) A person that violates this section commits a Class D infraction.
SECTION 133. IC 9-22-3-12 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 12. The owner of a salvage motor vehicle not covered by
this chapter, either because a salvage transaction had taken place
before September 1, 1975, or because the vehicle is too old, is not
required to obtain a certificate of salvage title for the vehicle.
SECTION 134. IC 9-22-3-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 13. A scrap metal
processor or other appropriate facility that purchases or acquires a
salvage motor vehicle that has been totally demolished or destroyed as
a result of normal processing performed by a disposal facility is not
required to apply for and receive a certificate of salvage title for the
vehicle. The facility or processor that performed the processing
that resulted in the vehicle being demolished or destroyed shall
surrender the certificate of title, the certificate of authority, or the
certificate of salvage title to the bureau. The disposal facility shall
maintain the records prescribed by the bureau for a totally demolished
or destroyed vehicle.
SECTION 135. IC 9-22-3-14 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 136. IC 9-22-3-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 16. (a) Except as provided in subsection (b), a certificate of title issued under section 8
(1) "REBUILT VEHICLE--MILEAGE
(2) "REBUILT FLOOD DAMAGED VEHICLE" if the motor vehicle is a flood damaged vehicle.
(b) An insurance company authorized to do business in Indiana may obtain a certificate of title that does not bear the designation if the company submits to the bureau, in the form and manner the bureau requires, satisfactory evidence that the damage to a recovered stolen motor vehicle did not meet the criteria set forth in section 3 of this chapter.
(c) An affidavit submitted under section 8
(1) "REBUILT VEHICLE"
(2) "REBUILT FLOOD DAMAGED VEHICLE" if the motor vehicle is a flood damaged vehicle.
(d) A certificate of title for a salvage motor vehicle issued under subsection (a) may not designate the mileage of the vehicle.
SECTION 137. IC 9-22-3-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 17. (a) Except as provided in subsection (b), whenever a certificate of title is issued for a
(b) Whenever a certificate of title is issued for a
jurisdiction contains a designation that indicates that the motor vehicle
is a flood damaged vehicle, a new and subsequent certificate of title
must conspicuously bear the designation "REBUILT FLOOD
DAMAGED VEHICLE".
SECTION 138. IC 9-22-3-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 18. A vehicle that has
been designated "JUNK", "DISMANTLED", "SCRAP",
"DESTROYED", or any similar designation in another state or
jurisdiction may shall not be titled in Indiana.
SECTION 139. IC 9-22-3-18.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 18.5. (a) This section does not
apply to a person who sells, exchanges, or transfers golf carts.
(b) A seller that is:
(1) a dealer; or
(2) another person who sells, exchanges, or transfers at least
five (5) vehicles each year;
may not sell, exchange, or transfer a rebuilt vehicle without
disclosing in writing to the purchaser, customer, or transferee
before consummating the sale, exchange, or transfer, the fact that
the vehicle is a rebuilt vehicle if the dealer or other person knows
or should reasonably know the vehicle is a rebuilt vehicle.
SECTION 140. IC 9-22-3-33 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 33. A person who
violates section 4, 5, 6, 7, or 8 of this chapter (or section 9 of this
chapter before its repeal) commits a Class D felony.
SECTION 141. IC 9-22-5-1 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 1. The following officers may act for their respective units
of government under this chapter:
(1) The sheriff, for a county.
(2) The chief of police, for a city.
(3) A town marshal, for a town.
(4) A township trustee, for a township.
(5) A state police officer, for the state.
SECTION 142. IC 9-22-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. A:
(1) person, firm, corporation, limited liability company, or unit of
government upon whose property or in whose possession is found
an abandoned motor vehicle; or
(2) person who owns a motor vehicle that has a title that is faulty,
lost, or destroyed;
may apply to the sheriff of the county in which the motor vehicle is
located in accordance with this chapter for authority to sell, give
away, or dispose of the motor vehicle for scrap metal.
SECTION 143. IC 9-22-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. The application
required under section 2 of this chapter shall be made in duplicate upon
forms a manner prescribed and furnished by the bureau. One (1) copy
of The application shall be filed with the bureau. and one (1) copy of
the application shall be retained by the sheriff.
SECTION 144. IC 9-22-5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) The application
required under section 2 of this chapter must include the following
information:
(1) The name and address of the applicant.
(2) The year, make, model, and engine number vehicle
identification number of the motor vehicle, if ascertainable,
together with any other identifying features.
(3) A concise statement of the facts surrounding the abandonment
of the motor vehicle, that the title of the motor vehicle is lost or
destroyed, or the reasons for the defect of title in the owner of the
motor vehicle.
(b) The person making the application required under section 2 of
this chapter shall execute an affidavit stating that the facts alleged in
the application are true and that no material fact has been withheld.
SECTION 145. IC 9-22-5-5 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 5. (a) The sheriff shall examine each application made
under section 2 of this chapter. If the sheriff finds that the application:
(1) is executed in proper form; and
(2) shows that the motor vehicle described in the application has
been abandoned upon the property of the person making the
application or that the person making the application is the person
who owns the motor vehicle;
the sheriff shall prepare a written notice.
(b) The notice required under subsection (a) must include the
following information:
(1) The name and address of the applicant.
(2) The year, make, model, and engine number of the motor
vehicle, if ascertainable, together with any other identifying
features of the motor vehicle.
(3) That the motor vehicle has been abandoned, that the title to
the motor vehicle is lost or destroyed, or that there is a defect of
the title in the person who owns the motor vehicle.
(4) That the motor vehicle will be sold for scrap metal unless a
claim or protest is made.
(c) The sheriff shall, within five (5) days after receiving an
application required under section 2 of this chapter, cause the notice
required under subsection (a) to be distributed as follows:
(1) Posted at the door of the courthouse for a period of thirty (30)
days before sale.
(2) Published once in a newspaper of general circulation of the
county in which the motor vehicle is located at least thirty (30)
days before sale.
(3) Sent to the last person who owned the motor vehicle, if
known.
SECTION 146. IC 9-22-5-6 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 6. If an abandoned motor vehicle for which an application
for sale under this chapter has been filed is claimed by the person who
owns the motor vehicle before the sale occurs and the person provides
satisfactory evidence of ownership to the sheriff, the motor vehicle
shall be returned to the person upon payment by the person of the costs
of preserving the motor vehicle during the period of abandonment,
together with the costs of publication of notice.
SECTION 147. IC 9-22-5-7 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 7. If a claim or protest is not made before sale, the person
who filed the application required under section 2 of this chapter shall,
upon payment of the costs of publication of notice, be given a
certificate of authority to sell the motor vehicle to a licensed junk
dealer or an established automobile wrecker for scrap metal. The
licensed junk dealer or established automobile wrecker shall accept the
sheriff's certificate of authority instead of the certificate of title to the
motor vehicle.
SECTION 148. IC 9-22-5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. The certificate of
authority to scrap or dismantle the vehicle required under section 7
of this chapter shall be made in triplicate on forms prescribed and
furnished by the bureau. The certificate of authority must contain the
following information:
(1) The name and address of the person who filed the application
required under section 2 of this chapter.
(2) The year, make, model, and engine number, vehicle
identification number, if ascertainable, together with any other
identifying features of the motor vehicle that has been authorized
to be sold for scrap metal.
SECTION 149. IC 9-22-5-9 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 9. The sheriff shall retain one (1) copy of the certificate of
authority required under section 7 of this chapter. The sheriff shall send
one (1) copy of the certificate of authority to the bureau.
SECTION 150. IC 9-22-5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. After a certificate
of authority required under section 7 of this chapter has been delivered
to the bureau under section 9 of this chapter, by the automobile
scrapyard, a certificate of title may not be issued for the motor vehicle
that is described in the certificate of authority and is noted in the
records of the bureau as "junk".
SECTION 151. IC 9-22-5-11 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 11. A fee may not be charged for the filing of an
application under section 2 of this chapter or for the issuance of a
certificate of authority under section 7 of this chapter.
SECTION 152. IC 9-22-5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. The person who:
(1) owns a motor vehicle that has a title that is faulty, lost, or
destroyed; and
(2) sells the motor vehicle under this chapter may retain the
proceeds of the sale for the person's use and benefit.
SECTION 153. IC 9-22-5-13, AS AMENDED BY P.L.246-2005,
SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 13. (a) A person not described in section 12 of this
chapter who sells an abandoned motor a vehicle under this chapter may
retain from the proceeds of sale the cost of publication of notice and the
cost of preserving the motor vehicle during the period of the vehicle's
abandonment. The person shall pay the remaining balance of the
proceeds of the sale to the circuit court clerk of the county in which the
abandoned motor vehicle is located.
(b) At any time within ten (10) years after the money is paid to the
clerk, the person who owns the abandoned motor vehicle sold under
this chapter may make a claim with the clerk for the sale proceeds
deposited with the clerk. If ownership of the proceeds is established to
the satisfaction of the clerk, the clerk shall pay the proceeds to the
person who owns the abandoned motor vehicle.
(c) If a claim for the proceeds of the sale of an abandoned motor a
vehicle under subsection (b) is not made within ten (10) years, claims
for the proceeds are barred. The clerk shall notify the attorney general
and upon demand pay the proceeds to the attorney general. The
attorney general shall turn the proceeds over to the treasurer of state.
The proceeds vest in and escheat to the state general fund.
SECTION 154. IC 9-22-5-14 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 14. (a) An individual, a firm, a limited liability company,
or a corporation engaged in the business of storing, furnishing supplies
for, or repairing motor vehicles, trailers, semitrailers, or recreational
vehicles shall obtain the name and address of the person who owns a
motor vehicle, trailer, semitrailer, or recreational vehicle that is left in
the custody of the individual, firm, limited liability company, or
corporation for storage, furnishing of supplies, or repairs at the time the
motor vehicle is left.
(b) The individual, firm, limited liability company, or corporation
shall record in a book the following information concerning the motor
vehicle:
(1) The name and address of the person who owns the motor
vehicle.
(2) The license number of the motor vehicle.
(3) The date on which the motor vehicle was left.
(c) The book shall be provided and kept by the individual, firm,
limited liability company, or corporation and shall be open for
inspection by an authorized police officer of the state or of a city or
town or by the county sheriff.
(d) If a motor vehicle, trailer, semitrailer, or recreational vehicle is
stored by the week or by the month, only one (1) entry on the book is
required for the period of time during which the motor vehicle is
stored.
SECTION 155. IC 9-22-5-15 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 15. (a) An individual, a firm, a limited liability company,
or a corporation that performs labor, furnishes materials or storage, or
does repair work on a motor vehicle, trailer, semitrailer, or recreational
vehicle at the request of the person who owns the vehicle has a lien on
the vehicle to the reasonable value of the charges for the labor,
materials, storage, or repairs.
(b) An individual, a firm, a partnership, a limited liability company,
or a corporation that provides towing services for a motor vehicle,
trailer, semitrailer, or recreational vehicle:
(1) at the request of the person who owns the motor vehicle,
trailer, semitrailer, or recreational vehicle;
(2) at the request of an individual, a firm, a partnership, a limited
liability company, or a corporation on whose property an
abandoned motor vehicle, trailer, semitrailer, or recreational
vehicle is located; or
(3) in accordance with IC 9-22-1;
has a lien on the vehicle for the reasonable value of the charges for the
towing services and other related costs. An individual, a firm, a
partnership, a limited liability company, or a corporation that obtains
a lien for an abandoned vehicle under subdivision (2) must comply
with IC 9-22-1-4, IC 9-22-1-16, IC 9-22-1-17, and IC 9-22-1-19.
(c) If:
(1) the charges made under subsection (a) or (b) are not paid; and
(2) the motor vehicle, trailer, semitrailer, or recreational vehicle
is not claimed;
within thirty (30) days from the date on which the vehicle was left in
or came into the possession of the individual, firm, limited liability
company, or corporation for repairs, storage, towing, or the furnishing
of materials, the individual, firm, limited liability company, or
corporation may advertise the vehicle for sale. The vehicle may not be
sold before fifteen (15) days after the date the advertisement required
by subsection (d) has been placed or after notice required by subsection
(e) has been sent, whichever is later.
(d) Before a vehicle may be sold under subsection (c), an
advertisement must be placed in a newspaper of general circulation
printed in the English language in the city or town in which the
lienholder's place of business is located. The advertisement must
contain at least the following information:
(1) A description of the vehicle, including make, type, and
manufacturer's identification number.
(2) The amount of the unpaid charges.
(3) The time, place, and date of the sale.
(e) In addition to the advertisement required under subsection (d),
the person who holds the mechanic's lien must:
(1) notify the person who owns the vehicle and any other person
who holds a lien of record at the person's last known address by
certified mail, return receipt requested; or
(2) if the vehicle is an abandoned motor vehicle, provide notice
as required under subdivision (1) if the location of the owner of
the motor vehicle or a lienholder of record is determined by the
bureau in a search under IC 9-22-1-19;
that the vehicle will be sold at public auction on a specified date to
satisfy the lien imposed by this section.
(f) A person who holds a lien of record on a vehicle subject to sale
under this section may pay the storage, repair, towing, or service
charges due. If the person who holds the lien of record elects to pay the
charges due, the person is entitled to possession of the vehicle and
becomes the holder of the mechanic's lien imposed by this section.
(g) If the person who owns a vehicle subject to sale under this
section does not claim the vehicle and satisfy the lien on the vehicle,
the vehicle may be sold at public auction to the highest and best bidder
for cash. A person who holds a mechanic's lien under this section may
purchase a vehicle subject to sale under this section.
(h) A person who holds a mechanic's lien under this section may
deduct and retain the amount of the lien and the cost of the
advertisement required under subsection (d) from the purchase price
received for a vehicle sold under this section. After deducting from the
purchase price the amount of the lien and the cost of the advertisement,
the person shall pay the surplus of the purchase price to the person who
owns the vehicle if the person's address or whereabouts is known. If the
address or whereabouts of the person who owns the vehicle is not
known, the surplus of the purchase price shall be paid over to the clerk
of the circuit court of the county in which the person who holds the
mechanic's lien has a place of business for the use and benefit of the
person who owns the vehicle.
(i) A person who holds a mechanic's lien under this section shall
execute and deliver to the purchaser of a vehicle under this section a
sales certificate in the form designated by the bureau, setting forth the
following information:
(1) The facts of the sale.
(2) The vehicle identification number.
(3) The certificate of title if available.
(4) A certificate from the newspaper showing that the
advertisement was made as required under subsection (d).
Whenever the bureau receives from the purchaser an application for
certificate of title accompanied by these items, the bureau shall issue
a certificate of title for the vehicle under IC 9-17.
SECTION 156. IC 9-22-5-16 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 16. (a) This section does not apply to a person who sells,
exchanges, or transfers golf carts.
(b) A seller that is:
(1) a dealer; or
(2) another person who sells, exchanges, or transfers at least five
(5) vehicles each year;
may not sell, exchange, or transfer a rebuilt vehicle without disclosing
in writing to the purchaser, customer, or transferee, before
consummating the sale, exchange, or transfer, the fact that the vehicle
is a rebuilt vehicle if the dealer or other person knows or should
reasonably know the vehicle is a rebuilt vehicle.
SECTION 157. IC 9-22-5-17 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 17. A person who recklessly violates section 14 or 15 of
this chapter commits a Class A misdemeanor.
SECTION 158. IC 9-22-6 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]:
Chapter 6. Mechanic's Liens for Vehicles
Sec. 1. (a) An individual, a firm, a limited liability company, or
a corporation engaged in the business of storing, furnishing
supplies for, or repairing motor vehicles, trailers, semitrailers, or
recreational vehicles shall obtain the name and address of the
person that owns a motor vehicle, trailer, semitrailer, or
recreational vehicle that is left in the custody of the individual,
firm, limited liability company, or corporation for storage,
furnishing of supplies, or repairs at the time the vehicle is left.
(b) The individual, firm, limited liability company, or
corporation shall record in a book the following information
concerning the vehicle described in subsection (a):
(1) The name and address of the person that owns the vehicle.
(2) The license number of the vehicle.
(3) The date on which the vehicle was left.
(c) The book shall be provided and kept by the individual, firm,
limited liability company, or corporation and must be open for
inspection by an authorized police officer of the state, a city, or a
town or by the county sheriff.
(d) If a motor vehicle, trailer, semitrailer, or recreational
vehicle is stored by the week or by the month, only one (1) entry on
the book is required for the time during which the vehicle is stored.
Sec. 2. (a) An individual, a firm, a limited liability company, or
a corporation that performs labor, furnishes materials or storage,
or does repair work on a motor vehicle, trailer, semitrailer, or
recreational vehicle at the request of the person that owns the
vehicle has a mechanic's lien on the vehicle for the reasonable
value of the charges for the labor, materials, storage, or repairs.
(b) An individual, a firm, a partnership, a limited liability
company, or a corporation that provides towing services for a
motor vehicle, trailer, semitrailer, or recreational vehicle at the
request of the person that owns the motor vehicle, trailer,
semitrailer, or recreational vehicle has a mechanic's lien on the
vehicle for the reasonable value of the charges for the towing
services and other related costs.
(c) If:
(1) the charges made under subsection (a) or (b) are not paid;
and
(2) the motor vehicle, trailer, semitrailer, or recreational
vehicle is not claimed;
not later than thirty (30) days after the date on which the vehicle
is left in or comes into the possession of the individual, firm, limited
liability company, or corporation for repairs, storage, towing, or
the furnishing of materials, the individual, firm, limited liability
company, or corporation may advertise the vehicle for sale. The
vehicle may not be sold earlier than fifteen (15) days after the date
the advertisement required by subsection (d) has been placed or
fifteen (15) days after notice required by subsection (e) has been
sent, whichever is later.
(d) Before a vehicle may be sold under subsection (c), an
advertisement must be placed in a newspaper that is printed in
English and of general circulation in the city or town in which the
lienholder's place of business is located. If the lienholder is located
outside the corporate limits of a city or a town, the advertisement
must be placed in a newspaper of general circulation in the county
in which the place of business of the lienholder is located. The
advertisement must contain at least the following information:
(1) A description of the vehicle, including make, type, and
manufacturer's identification number.
(2) The amount of the unpaid charges.
(3) The time, place, and date of the sale.
(e) In addition to the advertisement required under subsection
(d), the person that holds the mechanic's lien must notify the
person that owns the vehicle and any other person that holds a lien
of record at the person's last known address by certified mail,
return receipt requested, that the vehicle will be sold at public
auction on a specified date to satisfy the mechanic's lien imposed
by this section.
(f) A person that holds a mechanic's lien of record on a vehicle
subject to sale under this section may pay the storage, repair,
towing, or service charges due. If the person that holds the
mechanic's lien of record elects to pay the charges due, the person
is entitled to possession of the vehicle and becomes the holder of the
mechanic's lien imposed by this section.
(g) If the person that owns a vehicle subject to sale under this
section does not claim the vehicle and satisfy the mechanic's lien on
the vehicle, the vehicle may be sold at public auction to the highest
and best bidder. A person that holds a mechanic's lien under this
section may purchase a vehicle subject to sale under this section.
(h) A person that holds a mechanic's lien under this section may
deduct and retain the amount of the mechanic's lien and the cost of
the advertisement required under subsection (d) from the purchase
price received for a vehicle sold under this section. After deducting
from the purchase price the amount of the mechanic's lien and the
cost of the advertisement, the person shall pay the surplus of the
purchase price to the person that owns the vehicle if the person's
address or whereabouts are known. If the address or whereabouts
of the person that owns the vehicle are not known, the surplus of
the purchase price shall be paid over to the clerk of the circuit
court of the county in which the person that holds the mechanic's
lien has a place of business for the use and benefit of the person
that owns the vehicle.
(i) A person that holds a mechanic's lien under this section shall
execute and deliver to the purchaser of a vehicle under this section
a sales certificate in the form designated by the bureau, setting
forth the following information:
(1) The facts of the sale.
(2) The vehicle identification number.
(3) The certificate of title if available.
(4) A certification from the newspaper showing that the
advertisement was made as required under subsection (d).
(5) Any other information that the bureau requires.
Whenever the bureau receives from the purchaser an application
for certificate of title accompanied by these items, the bureau shall
issue a certificate of title for the vehicle under IC 9-17.
Sec. 3. A person that knowingly, intentionally, or recklessly
violates section 1 or 2 of this chapter commits a Class A
misdemeanor.
SECTION 159. IC 9-24-1-1, AS AMENDED BY P.L.109-2011,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. Except as otherwise provided in section 6 or
7 of this chapter, an individual must have a valid Indiana:
(1) operator's license;
(2) chauffeur's license;
(3) public passenger chauffeur's license;
(4) commercial driver's license;
(5) driver's license listed in subdivision (1), (2), (3), or (4) with a
motorcycle endorsement; or
(6) learner's permit; or
(7) motorcycle learner's permit;
issued to the individual by the bureau under this article to drive upon
an Indiana highway the type of motor vehicle for which the license or
permit was issued.
SECTION 160. IC 9-24-1-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1.5. (a) This section
applies after December 31, 2005.
(b) (a) The standards set forth in IC 3-5-5 to determine the residence
of an individual applying to become a voter apply to the determination
of the residence of an individual applying for a license under this
article.
(c) (b) This section does not prevent the commission bureau from
issuing a license under this article to an individual who is:
(1) not required by this article to reside in Indiana to receive the
license; and
(2) otherwise qualified to receive the license.
SECTION 161. IC 9-24-1-2 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 2. Except as provided in section 7 of this chapter, an
individual must have a valid Indiana chauffeur's license to operate a
motor vehicle as a chauffeur upon an Indiana highway.
SECTION 162. IC 9-24-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. Except as otherwise
provided in section 7 of this chapter, an individual must:
(1) have a valid Indiana operator's, chauffeur's, or public
passenger chauffeur's driver's license; and
(2) be at least eighteen (18) years of age;
to drive a medical services vehicle upon an Indiana highway.
SECTION 163. IC 9-24-1-5, AS AMENDED BY P.L.109-2011,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. (a) An individual must have a valid driver's
license that may be any of the following to operate a motorcycle upon
a public highway:
(1) An operator's, a chauffeur's, a public passenger chauffeur's, or
a commercial driver's license with a motorcycle endorsement.
(2) A motorcycle learner's permit subject to the limitations
imposed under IC 9-24-8.
(3) A driver's license from any other jurisdiction that is valid for
the operation of a motorcycle in that jurisdiction.
(b) An individual who held a motorcycle operator's license on June
30, December 31, 2011, must hold an a valid operator's, a chauffeur's,
a public passenger chauffeur's, or a commercial driver's license with a
motorcycle endorsement in order to operate the motorcycle after June
30, December 31, 2011, without restrictions.
SECTION 164. IC 9-24-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) Except as
provided in subsection (b) or as otherwise provided in this article, an
individual must hold a valid Indiana commercial driver's license issued
by the bureau under this article to drive a commercial motor vehicle
after March 31, 1992, upon an Indiana highway.
(b) Subsection (a) does not apply to an individual if the individual:
(1) holds a valid driver's license of any type;
(2) is enrolled in a commercial motor vehicle training course
approved by the bureau; and
(3) is operating a commercial motor vehicle under the direct
supervision of a licensed commercial motor vehicle driver.
SECTION 165. IC 9-24-1-7, AS AMENDED BY SEA 113-2012,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 7. (a) Sections 1 through 5 of this chapter do not
apply to the following individuals:
(1) An individual in the service of the armed forces of the United
States while operating an official motor vehicle in that service.
(2) An individual while operating:
(A) a road roller;
(B) road construction or maintenance machinery, except where
the road roller or machinery is required to be registered under
Indiana law;
(C) a ditch digging apparatus;
(D) a well drilling apparatus;
(E) a concrete mixer; or
(F) a farm tractor, a farm wagon (as defined in
IC 9-13-2-60(a)(2)), or an implement of agriculture designed
to be operated primarily in a farm field or on farm premises;
that is being temporarily drawn, moved, or propelled on a public
highway. However, to operate a farm wagon (as defined in
IC 9-13-2-60(a)(2)) on a highway, an individual must be at least
fifteen (15) years of age.
(3) A nonresident who:
(A) is at least sixteen (16) years and one (1) month of age;
(B) has in the nonresident's immediate possession a valid
operator's driver's license that was issued to the nonresident
in the nonresident's home state or country; and
(C) is lawfully admitted into the United States;
while operating a motor vehicle in Indiana upon a public
highway only as an operator.
(4) A nonresident who:
(A) is at least eighteen (18) years of age;
(B) has in the nonresident's immediate possession a valid
chauffeur's license that was issued to the nonresident in the
nonresident's home state or country; and
(C) is lawfully admitted into the United States;
while operating a motor vehicle upon a public highway, either as an operator or a chauffeur.
(5) A nonresident who:
(A) is at least eighteen (18) years of age; and
(B) has in the nonresident's immediate possession a valid license issued by the nonresident's home state for the operation of any motor vehicle upon a public highway when in use as a public passenger carrying vehicle;
while operating a motor vehicle upon a public highway, either as an operator or a public passenger chauffeur.
(6) An individual who is legally licensed to operate a motor vehicle in the state of the individual's residence and who is employed in Indiana, subject to the restrictions imposed by the state of the individual's residence.
(7) A new resident of Indiana who possesses
(8) An individual who is an engineer, a conductor, a brakeman, or another member of the crew of a locomotive or a train that is being operated upon rails, including the operation of the locomotive or the train on a crossing over a street or a highway. An individual described in this subdivision is not required to display a license to a law enforcement officer in connection with the operation of a locomotive or a train in Indiana.
(b) An ordinance adopted under IC 9-21-1-3 (a)(14) or IC 9-21-1-3.3(a) must require that an individual who operates a golf cart in the city, county, or town hold a driver's license.
SECTION 166. IC 9-24-2-1, AS AMENDED BY P.L.1-2006, SECTION 165, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a)
(1) Is a habitual truant under IC 20-33-2-11.
(2) Is under at least a second suspension from school for the school year under IC 20-33-8-14 or IC 20-33-8-15.
(3) Is under an expulsion from school under IC 20-33-8-14, IC 20-33-8-15, or IC 20-33-8-16.
(4) Is considered a dropout under IC 20-33-2-28.5.
(b) At least five (5) days before holding an exit interview under
IC 20-33-2-28.5, the school corporation shall give notice by certified
mail or personal delivery to the student, the student's parent, or the
student's guardian that the student's failure to attend an exit interview
under IC 20-33-2-28.5 or return to school if the student does not meet
the requirements to withdraw from school under IC 20-33-2-28.5 will
result in the revocation or denial of the student's:
(1) driver's license or learner's permit; and
(2) employment certificate.
SECTION 167. IC 9-24-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. A driver's license or
a The bureau shall suspend the driving privileges or invalidate the
learner's permit may not be issued to of an individual less than eighteen
(18) years of age who is under an order entered by a juvenile court
under IC 31-37-19-13 through IC 31-37-19-17 (or IC 31-6-4-15.9(d),
IC 31-6-4-15.9(e), or IC 31-6-4-15.9(f) before their repeal).
SECTION 168. IC 9-24-2-2.5, AS AMENDED BY P.L.3-2008,
SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2.5. (a) An operator's license or a The bureau
shall suspend the driving privileges or invalidate the learner's permit
may not be issued to of an individual who is under an order entered by
a court under IC 35-43-1-2(c).
(b) The bureau shall suspend the operator's license driving
privileges or invalidate the learner's permit of a person who is the
subject of an order issued under IC 31-37-19-17 (or IC 31-6-4-15.9(f)
before its repeal) or IC 35-43-1-2(c).
SECTION 169. IC 9-24-2-3, AS AMENDED BY P.L.184-2007,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) The bureau may not issue a driver's license
or learner's permit or grant driving privileges to the following
individuals:
(1) An individual whose license issued under Indiana law to
operate a motor vehicle as an operator, a chauffeur, or a public
passenger chauffeur has been suspended, during the period for
which the license was suspended, or to an individual whose
license has been revoked, until the time the bureau is authorized
under Indiana law to issue the individual a new license.
(2) An individual whose learner's permit has been suspended or
revoked until the time the bureau is authorized under Indiana law
to issue the individual a new permit.
(3) An individual who, in the opinion of the bureau, is afflicted
with or suffering from a physical or mental disability or disease
that prevents the individual from exercising reasonable and
ordinary control over a motor vehicle while operating the vehicle
upon the public highways.
(4) An individual who is unable to understand highway warnings
or direction signs written in the English language.
(5) An individual who is required under this chapter article to
take an examination unless the person successfully passes the
examination.
(6) An individual who is required under IC 9-25 or any other
statute to deposit or provide proof of financial responsibility and
who has not deposited or provided that proof.
(7) An individual when the bureau has good cause to believe that
the operation of a motor vehicle on a public highway of Indiana
by the individual would be inimical to public safety or welfare.
(8) An individual who is the subject of an order issued by:
(A) a court under IC 31-14-12-4 or IC 31-16-12-7 (or
IC 31-1-11.5-13 or IC 31-6-6.1-16 before their repeal); or
(B) the Title IV-D agency;
ordering that a driving driver's license or permit not be issued to
the individual.
(9) An individual who has not presented valid documentary
evidence to the bureau of the person's legal status in the United
States, as required by IC 9-24-9-2.5.
(b) An individual subject to epileptic seizures may not be denied a
driver's license or permit under this section if the individual presents
a statement from a licensed physician, on a form prescribed by the
bureau, that the individual is under medication and is free from
seizures while under medication.
SECTION 170. IC 9-24-2-3.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3.1. (a) If a petitioner
named in an order issued under section 3(a)(8) of this chapter has a
valid commercial driving driver's license, the bureau shall not
immediately suspend the person's commercial driving license
privileges but shall indicate on the driver's person's record that the
person has a conditional license driving privileges to operate a motor
vehicle to and from the person's place of employment and in the course
of the person's employment.
(b) A Conditional license driving privileges described in
subsection (a) is are valid for thirty (30) days from the date of the
notice sent by the bureau. If the person obtains an amended license
order within the thirty (30) days, the person may continue to operate
a motor vehicle on with the conditional license driving privileges
beyond the thirty (30) day period.
(c) If the person does not obtain an amended
SECTION 171. IC 9-24-2-4, AS AMENDED BY P.L.1-2005, SECTION 107, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) If a person is less than eighteen (18) years of age and is a habitual truant, is under a suspension or an expulsion or has withdrawn from school as described in section 1 of this chapter, the bureau shall, upon notification by the person's principal,
(1) The person becomes eighteen (18) years of age.
(2) One hundred twenty (120) days after the person is suspended, or the end of a semester during which the person returns to school, whichever is longer.
(3) The suspension, expulsion, or exclusion is reversed after the person has had a hearing under IC 20-33-8.
(b) The bureau shall promptly mail a notice to the person's last known address that states the following:
(1) That the person's driving privileges will be invalidated for a specified period commencing five (5) days after the date of the notice.
(2) That the person has the right to appeal the
(c) If an aggrieved person believes that:
(1) the information provided was technically incorrect; or
(2) the bureau committed a technical or procedural error;
the aggrieved person may appeal the invalidation of a license under
(d) If a person satisfies the conditions for reinstatement of a license under this section, the person may submit to the bureau the necessary information certifying that at least one (1) of the events described in subsection (a) has occurred.
(e) Upon certifying the information received under subsection (d), the bureau shall
(f) A person may not operate a motor vehicle in violation of this section.
(g) A person whose
(h) The bureau shall
driving privileges of a person whose license or permit was driving
privileges were invalidated suspended under this section who if the
person does the following:
(1) Establishes to the satisfication satisfaction of the principal of
the school where the action occurred that caused the invalidation
suspension of the person's license or permit driving privileges
that the person has:
(A) enrolled in a full-time or part-time program of education;
and
(B) participated for thirty (30) or more days in the program of
education.
(2) Submits to the bureau a form developed by the bureau that
contains:
(A) the verified signature of the principal or the president of
the governing body of the school described in subdivision (1);
and
(B) notification to the bureau that the person has complied
with subdivision (1).
A person may appeal the decision of a principal under subdivision (1)
to the governing body of the school corporation where the principal's
school is located.
SECTION 172. IC 9-24-2-5, AS AMENDED BY P.L.1-2005,
SECTION 108, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 5. (a) A person whose driving
privileges have been invalidated suspended under section 4 of this
chapter is entitled to a prompt judicial hearing. The person may file a
petition that requests a hearing in a circuit, superior, county, or
municipal court in the county where:
(1) the person resides; or
(2) the school attended by the person is located.
(b) The petition for review must:
(1) be in writing; and
(2) be verified by the person seeking review and:
(A) allege specific facts that indicate the suspension or
expulsion was improper; or
(B) allege that due to the person's emancipation or dependents
that an undue hardship exists that requires the granting of a
restricted driving permit.
(c) The hearing conducted by the court under this section shall be
limited to the following issues:
(1) Whether the school followed proper procedures when
suspending or expelling the person from school, including
affording the person due process under IC 20-33-8.
(2) Whether the bureau followed proper procedures in
invalidating suspending the person's license or permit. driving
privileges.
(3) Whether an undue hardship exists that requires the granting of
a restricted driving permit. privileges under IC 9-24-15.
(d) If the court finds:
(1) that the school failed to follow proper procedures when
suspending or expelling the person from school; or
(2) that the bureau failed to follow proper procedures in
invalidating suspending the person's license or permit; driving
privileges;
the court may order the bureau to reinstate the person's driving
privileges.
(e) If the court finds that an undue hardship exists, and the person
otherwise qualifies under IC 9-24-15, the court may order a restricted
driving permit privileges limiting the petitioner to essential driving for
work and driving between home, work, and school only. The restricted
driving permit privileges must state the restrictions related to time,
territory, and route. If a court orders a restricted driving permit
privileges for the petitioner, the court shall do the following:
(1) Include in the order a finding of facts that states the
petitioner's driving restrictions.
(2) Enter the findings of fact and order in the order book of the
court.
(3) Send the bureau a signed copy of the order.
(f) The prosecuting attorney of the county in which a petition has
been filed under this section shall represent the state on behalf of the
bureau with respect to the petition. A school that is made a party to an
action filed under this section is responsible for the school's own
representation.
(g) In an action under this section the petitioner has the burden of
proof by a preponderance of the evidence.
(h) The court's order is a final judgment appealable in the manner
of civil actions by either party. The attorney general shall represent the
state on behalf of the bureau with respect to the appeal.
SECTION 173. IC 9-24-3-1, AS AMENDED BY P.L.145-2011,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. Except as otherwise provided in this article, the
bureau shall issue an operator's license to an individual who meets the
following conditions:
(1) Satisfies the age requirements set forth in section 2 or 2.5 of
this chapter.
(2) Makes proper application to the bureau under IC 9-24-9 upon
a form prescribed by the bureau. The form must include an
attestation concerning the number of hours of supervised driving
practice that the individual has completed if the individual is
required under section 2.5 of this chapter to complete a certain
number of hours of supervised driving practice in order to receive
an operator's license. The:
(A) parent or guardian of an applicant less than eighteen (18)
years of age; or
(B) applicant, if the applicant is at least eighteen (18) years of
age;
shall attest in writing under penalty of perjury to the time logged
in practice driving.
(3) Satisfactorily passes the examination and tests required for
issuance of an operator's license under IC 9-24-10.
(4) Pays the fee prescribed by IC 9-29-9.
SECTION 174. IC 9-24-3-2.5, AS AMENDED BY P.L.145-2011,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2.5. (a) Except as provided in section 3 of this
chapter, an individual must satisfy the requirements set forth in one (1)
of the following subdivisions to receive an operator's license:
(1) The individual meets the following conditions:
(A) Is at least sixteen (16) years and one hundred eighty (180)
days of age.
(B) Has held a valid learner's permit for at least one hundred
eighty (180) days.
(C) Obtains an instructor's certification that the individual has
satisfactorily completed an approved driver education course.
(D) Passes the required examination.
(E) Completes at least fifty (50) hours of supervised driving
practice, of which at least ten (10) hours are nighttime driving,
with:
(i) a licensed instructor or a licensed driver who is at least
twenty-five (25) years of age; or
(ii) the spouse of the individual who is at least twenty-one
(21) years of age.
(2) The individual meets the following conditions:
(A) Is at least sixteen (16) years and two hundred seventy
(270) days of age.
(B) Has held a valid learner's permit for at least one hundred
eighty (180) days.
(C) Passes the required examination.
(D) Completes at least fifty (50) hours of supervised driving practice, of which at least ten (10) hours are nighttime driving, with:
(i) a licensed instructor or a licensed driver who is at least twenty-five (25) years of age; or
(ii) the spouse of the individual who is at least twenty-one (21) years of age.
(3) The individual meets the following conditions:
(A) Is at least sixteen (16) years and one hundred eighty (180) days of age but less than eighteen (18) years of age.
(B) Has previously been a nonresident of Indiana, but, at the time of application, qualifies as an Indiana resident.
(C)
(D) Passes the required examination.
(4) The individual meets the following conditions:
(A) Is at least eighteen (18) years of age.
(B) Has previously been a nonresident of Indiana but, at the time of application, qualifies as an Indiana resident.
(C)
(D) Passes the required examination.
(b) An applicant who is required to complete at least fifty (50) hours of supervised practice driving under subsection (a)(1)(E) or (a)(2)(D) must submit to the commission under
SECTION 175. IC 9-24-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. To receive an operator's license, an individual must surrender to the bureau any and all
SECTION 176. IC 9-24-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. Except as otherwise
provided in this article, the bureau shall issue a chauffeur's license to
an individual who meets the following conditions:
(1) Satisfies the age requirements described in section 2 of this
chapter.
(2) Has operated a motor vehicle, excluding operation under a
learner's permit, for more than one (1) year.
(3) Makes proper application to the bureau under IC 9-24-9 upon
a form prescribed by the bureau.
(4) Satisfactorily passes the examination and tests required for
issuance of a chauffeur's license under IC 9-24-10.
(5) Pays the fee prescribed in IC 9-29-9.
SECTION 177. IC 9-24-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) An individual
holding a valid chauffeur's license is not required to obtain an
operator's license.
(b) To receive a chauffeur's license, an individual must surrender to
the bureau any operator's license all driver's licenses issued to the
individual by Indiana or any other jurisdiction.
SECTION 178. IC 9-24-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. A chauffeur's license
entitles the licensee to operate a motor vehicle, except a motorcycle or
commercial motor vehicle without a proper permit or
endorsement, upon a public highway. A chauffeur's license does not
entitle the licensee to operate a motor vehicle as a public passenger
chauffeur.
SECTION 179. IC 9-24-4-5.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5.5. Notwithstanding
any other law, a person holding a chauffeur's license that is renewed or
issued after June 30, 1991, is not entitled by that license to operate a
commercial motor vehicle. for more than thirty (30) days following the
renewal or issuance.
SECTION 180. IC 9-24-5-1, AS AMENDED BY P.L.156-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. Except as otherwise provided in this article, the
bureau shall issue a public passenger chauffeur's license to an
individual who meets the following conditions:
(1) Satisfies the Is at least eighteen (18) years of age.
requirements described in section 2 of this chapter.
(2) Makes proper application to the bureau under IC 9-24-9, upon
a form prescribed by the bureau.
(3) Successfully passes the physical examination given by a
practicing physician licensed to practice medicine in Indiana.
(4) Has operated a motor vehicle, excluding operation under a learner's permit, for at least two (2) years.
(5) Satisfactorily passes the examination and tests for a public passenger chauffeur's license.
(6) Pays the fee prescribed in IC 9-29-9.
SECTION 181. IC 9-24-5-2 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 182. IC 9-24-5-3, AS AMENDED BY P.L.156-2006, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. A public passenger chauffeur's license entitles the licensee to operate
SECTION 183. IC 9-24-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. To receive a public passenger chauffeur's license, an individual must surrender
SECTION 184. IC 9-24-5-5.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5.5. Notwithstanding any other law, a person holding a public passenger chauffeur's license that is renewed or issued after June 30, 1991, is not entitled by that license to operate a commercial motor vehicle.
SECTION 185. IC 9-24-6-0.5, AS ADDED BY P.L.188-2006, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 0.5. As used in this chapter, "commercial driver's license learner's permit" means a
(1) who holds a valid commercial driver's license for the type of commercial motor vehicle being driven; and
(2) who occupies a seat beside the individual in order to give instruction to the individual in driving the commercial motor vehicle.
SECTION 186. IC 9-24-6-0.8, AS ADDED BY P.L.45-2011, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 0.8. As used in this chapter, "downgrade" has the meaning specified in
SECTION 187. IC 9-24-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1.
SECTION 188. IC 9-24-6-2.3, AS ADDED BY P.L.45-2011, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2.3. (a) In addition to the requirements of 49 CFR 383.71, an applicant for a new commercial driver's license or a holder of a commercial driver's license must
(b) A commercial driver's license holder must
examiner's certificate on file with the motor carrier services division
of the department of state revenue each time a medical examination
report and medical examiner's certificate are obtained by the
commercial driver's license holder, regardless of whether the medical
examiner certifies the driver as qualified. If a copy is not on file with
the motor carrier services division of the department of state
revenue, a copy must be presented to the bureau.
(c) If a medical examination report does not certify that a
commercial driver's license holder meets the physical standards in 49
CFR 391.41 or if the driver is otherwise unqualified, the commercial
driver's license or permit holder is disqualified from operating a
commercial motor vehicle.
(d) The bureau shall make the final determination of whether a
commercial driver's license applicant or holder meets the qualifications
of 49 CFR 391.41. If the bureau determines that the applicant or holder
does not meet the qualifications of 49 CFR 391.41, the applicant or
holder is disqualified from operating a commercial motor vehicle.
(e) If a commercial driver's license applicant or holder who is
disqualified from operating a commercial motor vehicle under
subsection (c) or (d) attempts to transfer the commercial driver's
license to another state, the commercial driver's license applicant or
holder remains disqualified from operating a commercial motor
vehicle until the applicant or holder is able to establish to the bureau's
satisfaction that the applicant or holder meets the qualifications of 49
CFR 391.41.
(f) With respect to the self-certification requirements of 49 CFR
383.71(a)(1), a commercial driver's license applicant must certify that
the applicant expects to operate only in interstate commerce or only in
intrastate commerce, and whether the applicant is medically
excepted. In either case, Regardless of the applicant's certification
under this subsection, the applicant remains subject to the
requirements of 49 CFR 391.41 and 49 CFR 383.71, except as
provided for by rule.
(g) This section applies to every commercial driver's license
applicant and every commercial driver's license holder regardless of
whether the applicant or holder will be operating in excepted
commerce, as described in 49 CFR 383.71(a)(1)(ii)(B) and (D).
SECTION 189. IC 9-24-6-5.3, AS AMENDED BY P.L.145-2011,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5.3. (a) The owner of a truck driver training
school or a state educational institution that operates a truck driver
training school as a course of study must notify the bureau:
(1) of a student's completion of a course of the truck driver training school immediately after the student completes the course; or
(2) of the termination of a student's instruction in the truck driver training school immediately after the student's instruction terminates.
SECTION 190. IC 9-24-6-5.5, AS AMENDED BY P.L.145-2011, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5.5.
(1) student of a truck driver training school; and
(2) truck driver training school;
is subject to applicable rules adopted by the bureau.
SECTION 191. IC 9-24-6-6, AS AMENDED BY P.L.9-2010, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) The following, if committed while driving a commercial motor vehicle or while holding any class of commercial driver's license or permit, are serious traffic violations:
(1) Operating a vehicle at least fifteen (15) miles per hour above the posted speed limit in violation of IC 9-21-5, IC 9-21-6, or IC 9-21-5-14.
(2) Operating a vehicle recklessly as provided in IC 9-21-8-50 and IC 9-21-8-52.
(3) Improper or erratic traffic lane changes in violation of IC 9-21-8-2 through IC 9-21-8-13 and IC 9-21-8-17 through IC 9-21-8-18.
(4) Following a vehicle too closely in violation of IC 9-21-8-14
through IC 9-21-8-16.
(5) In connection with a fatal accident, violating any statute,
ordinance, or rule concerning motor vehicle traffic control other
than parking statutes, ordinances, or rules.
(6) Operating a vehicle while disqualified under this chapter.
(7) For drivers who are not required to always stop at a railroad
crossing, failing to do any of the following:
(A) Slow down and determine that the railroad tracks are clear
of an approaching train or other on-track equipment, in
violation of IC 9-21-5-4, IC 9-21-8-39, IC 35-42-2-4, or any
similar statute.
(B) Stop before reaching the railroad crossing, if the railroad
tracks are not clear of an approaching train or other on-track
equipment, in violation of IC 9-21-4-16, IC 9-21-8-39, or any
similar statute.
(8) For all drivers, whether or not they are required to always stop
at a railroad crossing, to do any of the following:
(A) Stopping in a railroad crossing, in violation of
IC 9-21-8-50 or any similar statute.
(B) Failing to obey a traffic control device or failing to obey
the directions of a law enforcement officer at a railroad
crossing, in violation of IC 9-21-8-1 or any similar statute.
(C) Stopping in a railroad crossing because of insufficient
undercarriage clearance, in violation of IC 35-42-2-4,
IC 9-21-8-50, or any similar statute.
(9) Operating a commercial motor vehicle without having ever
obtained a commercial driver's license or permit.
(10) Operating a commercial motor vehicle without a commercial
driver's license or permit in the possession of the individual.
(11) Operating a commercial motor vehicle without holding the
proper class or endorsement of a commercial driver's license or
permit for the operation of the class of the commercial motor
vehicle.
(12) Driving a commercial motor vehicle while using a
hand-held mobile device as set forth in 49 CFR 383 through
384, and 49 CFR 390 through 392.
(b) Subsection (a)(1) through (a)(11) are intended to comply with
the provisions of 49 U.S.C. 31311(a)(10) and regulations adopted
under that statute.
SECTION 192. IC 9-24-6-8, AS AMENDED BY P.L.9-2010,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 8. The following, if committed while driving a
commercial motor vehicle or while holding any class of commercial
driver's license or permit, are disqualifying offenses:
(1) Operating a vehicle while under the influence of alcohol in
violation of IC 9-30-5-1(a), IC 9-30-5-1(b), or section 15 of this
chapter.
(2) Operating a vehicle while under the influence of a controlled
substance in violation of IC 9-30-5-1(c).
(3) Leaving the scene of an accident involving the driver's
commercial motor vehicle in violation of IC 9-26-1.
(4) Conviction of a felony involving the use of a commercial
motor vehicle other than a felony described in subdivision (5).
(5) Use of a commercial motor vehicle in the commission of a
felony under IC 35-48 involving manufacturing, distributing, or
dispensing of a controlled substance.
(6) Violation of IC 9-30-5-2 through IC 9-30-5-8 involving
operating a vehicle while intoxicated.
(7) Refusing to undergo testing for the enforcement of
IC 9-30-5-1 or section 15 of this chapter.
SECTION 193. IC 9-24-6-10.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10.5. (a) Except as
provided in subsection (b), and in addition to any other penalty
imposed for a violation of this chapter, the court that imposes a
judgment for violation of an out-of-service order shall order the person
receiving the judgment to be disqualified from driving a commercial
vehicle as follows:
(1) For at least ninety (90) one hundred eighty (180) days but not
more than one (1) year, if the judgment is the person's first
judgment for violation of an out-of-service order.
(2) For at least one (1) year two (2) years but not more than five
(5) years, if the judgment is the person's second judgment for
violation of an out-of-service order during any ten (10) year
period.
(3) For at least three (3) years but not more than five (5) years, if
the person has at least two (2) previous judgments for violation of
an out-of-service order during any ten (10) year period.
(b) In addition to any other penalty imposed for a violation of this
chapter, the court that imposes a judgment upon a person because the
person violated an out-of-service order while the person was
transporting a hazardous material or while operating a commercial
motor vehicle designed or used to transport more than fifteen (15)
passengers, including the driver, shall order the person to be
disqualified from driving a commercial vehicle as follows:
(1) For at least one hundred eighty (180) days but not more than two (2) years, if the judgment is the person's first judgment for violation of an out-of-service order.
(2) For at least three (3) years but not more than five (5) years, if the person has at least one (1) previous judgment for violation of an out-of-service order that arose out of a separate incident during any ten (10) consecutive years.
(3) For at least three (3) years but not more than five (5) years, if the person has at least two (2) previous judgments for violation of an out-of-service order that arose out of a separate incident during any ten (10) consecutive years.
SECTION 194. IC 9-24-6-20, AS ADDED BY P.L.45-2011, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 20. (a) The bureau shall downgrade the commercial driver's license of a driver under the following circumstances:
(1) The driver's medical certification or federally granted medical variance expires.
(2) The bureau receives notification that the driver's federally granted medical variance was removed or rescinded.
Not later than sixty (60) days after the occurrence of a circumstance described in subdivision (1) or (2), the bureau shall initiate a downgrade of the driver's commercial driver's license.
(b) To prevent the driver's commercial driver's license from being downgraded:
(1) a driver whose medical certification has expired must submit a current and qualifying medical examination report and medical examiner's certificate not later than sixty (60) days after the bureau has initiated a downgrade; or
(2) a driver whose federally granted medical variance was removed or rescinded must submit a new federally granted medical variance not later than sixty (60) days after the bureau has initiated a downgrade.
(c) The bureau shall provide written notice to a driver at least ten (10) days before initiating a downgrade of the driver's commercial driver's license informing the driver:
(1) that the driver is not medically certified due to the expiration of the driver's medical certificate or because the driver's federally granted medical variance was removed or rescinded; and
(2) how the driver can prevent the driver's commercial driver's license from being downgraded.
(d) The bureau shall not issue a commercial driver's license to an
applicant who does not certify:
(1) that the applicant expects to operate only in interstate
commerce or only in intrastate commerce; and
(2) whether or not the applicant is medically excepted.
SECTION 195. IC 9-24-6.5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) The hazardous
materials endorsement of a driver who applies for renewal of the
endorsement may remain valid after the date on which the endorsement
would otherwise expire if both of the following conditions are met:
(1) The application for renewal was received by the bureau at
least ninety (90) days before the date on which the endorsement
expires.
(2) On the date on which the endorsement expires, the bureau has
not yet received the results of a background check conducted by
the administration or another agency designated to conduct the
background check.
(b) Except as provided in subsection (c), an extension under
subsection (a) is valid for ninety (90) days after the date on which the
endorsement would otherwise expire if the driver has applied with
the Transportation Security Administration for renewal of the
hazardous materials endorsement approval.
(c) Notwithstanding subsection (b), if the bureau receives
information from the administration or another agency designated to
conduct a background check that requires the bureau to revoke the
hazardous materials endorsement of a driver, the bureau shall revoke
the endorsement immediately upon receipt of the information.
(d) An extension under subsection (a) may be renewed until:
(1) the bureau receives the results of a background check
conducted by the administration or another agency designated to
conduct the background check; or
(2) further extensions are barred under regulations adopted to
implement the act.
SECTION 196. IC 9-24-7-1, AS AMENDED BY P.L.145-2011,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. (a) This subsection expires June 30, 2010. The
bureau shall issue a learner's permit to an individual who meets the
following conditions:
(1) Is at least fifteen (15) years of age.
(2) If less than eighteen (18) years of age, is not ineligible under
IC 9-24-2-1.
(3) Is enrolled in an approved driver education course.
(b) This subsection applies beginning July 1, 2010, and expires
September 1, 2011. The bureau shall issue a learner's permit to an
individual who meets the following conditions:
(1) Is at least fifteen (15) years and one hundred eighty (180) days
of age.
(2) If less than eighteen (18) years of age, is not ineligible under
IC 9-24-2-1.
(3) Is enrolled in an approved driver education course.
(c) This subsection applies beginning September 1, 2011. (a) The
bureau shall issue a learner's permit to an individual who: meets the
following conditions:
(1) is at least fifteen (15) years of age;
(2) if less than eighteen (18) years of age, is not ineligible under
IC 9-24-2-1;
(3) is enrolled in an approved driver education course; and
(4) has passed a written examination as required under
IC 9-24-10.
(b) The bureau shall issue a learner's permit to an individual
who:
(1) is at least sixteen (16) years of age;
(2) if less than eighteen (18) years of age, is not ineligible
under IC 9-24-2; and
(3) has passed a written examination as required under
IC 9-24-10.
SECTION 197. IC 9-24-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. The bureau
instructor of an approved driver education course shall validate or
certify a learner's permit issued under section 1 of this chapter upon
certification by the instructor of an approved driver education course
that when the holder has satisfactorily completed the course. If the
instructor is unable to certify the actual learner's permit, the
instructor may certify that the holder has satisfactorily completed
the course in a manner the bureau prescribes.
SECTION 198. IC 9-24-7-3 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 3. The bureau shall issue a validated learner's permit to an
individual who is at least sixteen (16) years of age upon passing the
required examination.
SECTION 199. IC 9-24-7-4, AS AMENDED BY P.L.156-2006,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. A learner's permit authorizes the permit holder
to operate a motor vehicle, except a motorcycle or commercial motor
vehicle, upon a public highway under the following conditions:
(1) While the holder is participating in practice driving in an
approved driver education course and is accompanied by a
certified driver education instructor or student teacher in the
front seat of an automobile a motor vehicle equipped with dual
controls.
(2) While the holder is participating in practice driving after
having commenced an approved driver education course and
the seat beside the holder is occupied by a parent, stepparent,
or guardian of the holder who holds a valid driver's license.
(2) (3) If the learner's permit has been validated and the holder is
not participating in an approved driver education course, and
is less than eighteen (18) years of age, the holder may participate
in practice driving if the seat beside the holder is occupied by a
guardian, stepparent, or relative of the holder who is at least
twenty-one (21) years of age and holds a valid operator's,
chauffeur's, or public passenger chauffeur's driver's license.
(3) (4) If the learner's permit has been validated and the holder is
not participating in an approved driver education course, and
is at least eighteen (18) years of age, the holder may participate in
practice driving if accompanied in the vehicle by an individual
who holds a valid operator's, chauffeur's, or public passenger
chauffeur's driver's license.
(4) While:
(A) the holder is enrolled in an approved driver education
course;
(B) the holder is participating in practice driving after having
commenced an approved driver education course; and
(C) the seat beside the holder is occupied by a parent,
stepparent, or guardian of the holder who holds a valid
operator's, chauffeur's, or public passenger chauffeur's license.
SECTION 200. IC 9-24-7-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. A holder of a
learner's permit may take an the skills examination for an operator's
license not later than the expiration date of the learner's permit. Not
more than three (3) examinations may be allowed any holder during the
period the learner's permit is issued. A holder who does not pass the
skills examination during the period for which the learner's permit is
issued must obtain a new learner's permit and after a third attempt is
not eligible to take the examination until two (2) months after the
issuance of the new permit. date of the last failed examination.
SECTION 201. IC 9-24-8-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) The bureau shall
issue a motorcycle learner's permit to an individual who meets the
following conditions:
(1) The individual holds a valid operator's, chauffeur's, or public
passenger chauffeur's, or commercial driver's license issued
under this article.
(2) The individual passes a written examination developed by the
bureau concerning the safe operation of a motorcycle.
(b) A motorcycle learner's permit authorizes the permit's holder to
operate a motorcycle upon a highway during a period of one (1) year
under the following conditions:
(1) The holder wears a helmet that meets the standards
established by the United States Department of Transportation
under 49 CFR 571.218 as in effect January 1, 1979.
(2) The motorcycle is operated only during daylight hours.
(3) The motorcycle does not carry passengers other than the
operator.
(c) A motorcycle learner's permit may be renewed one (1) time
for a period of one (1) year. An individual who does not obtain a
motorcycle operator endorsement before the expiration of the
renewed learner's permit must wait one (1) year to reapply for a
new motorcycle learner's permit.
SECTION 202. IC 9-24-8-4, AS AMENDED BY P.L.109-2011,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) Except as provided in subsections (b) and
(c), and (d), the bureau shall validate an operator's, a chauffeur's, or a
public passenger chauffeur's, or a commercial driver's license for
motorcycle operation upon a highway by endorsement to a person who:
meets the conditions in subsection (b) or (g).
(b) Except as provided in subsection (g), a person must meet at least
one (1) of the following conditions to obtain an endorsement under
subsection (a):
(1) satisfactorily complete completes the written test and:
(A) satisfactorily complete an and approved operational skills
test; or tests;
(B) (2) satisfactorily complete completes a motorcycle operator
safety education course approved by the department of education
as set forth in IC 20-30-13-9; or
(2) Hold (3) holds a current motorcycle operator endorsement or
motorcycle operator's license from any other jurisdiction and
successfully complete completes the written test.
The bureau may waive the testing requirements for an individual
who has completed a course described in subdivision (2).
(c) (b) The bureau may not issue a motorcycle endorsement to an
individual less than sixteen (16) years and one hundred eighty (180)
days of age.
(d) (c) If an applicant for a motorcycle license endorsement is less
than eighteen (18) years of age, the bureau may not issue a license
endorsement described in subsection (a) if the applicant is ineligible
under IC 9-24-2-1.
(e) (d) The bureau shall develop and implement both a written test
and an operational skills test that must be designed to determine
whether an applicant for a motorcycle endorsement is competent
demonstrates the necessary knowledge and skills to operate a
motorcycle upon a highway. The written test must be made available
at license branch locations approved by the bureau. The operational
skills test must be given at locations designated by the bureau. The
bureau shall adopt rules under IC 4-22-2 to establish standards for
persons administering operational skills tests and the provisions of the
operational skills test. An individual applying for a motorcycle
endorsement must pass the written exam before taking the operational
skills test. If an applicant fails to satisfactorily complete either the
written or operational tests, the applicant may reapply for and must be
offered the examination upon the same terms and conditions as
applicants may reapply for and be offered examinations for an
operator's license. The bureau shall publish and make available at all
locations where an individual may apply for an operator's license
information concerning a motorcycle endorsement.
(f) (e) An individual may apply for a motorcycle endorsement not
later than the expiration date of the permit. However, not more than
three (3) examinations may be allowed during the period the permit is
valid. an individual who holds a learner's permit and does not pass the
written and operating skills examination during the period for which
the permit is valid must obtain a new learner's permit. after a third
attempt is not eligible to take the examination until two (2) months
after the date of the last failed examination.
(g) (f) A person who held a valid Indiana motorcycle operator's
license on June 30, December 31, 2011, may be issued a motorcycle
operator's endorsement after June 30, December 31, 2011, on a valid
Indiana operator's, chauffeur's, public passenger chauffeur's, or
commercial driver's license after:
(1) making the appropriate application for endorsement; and
(2) passing the appropriate examinations; and
(2) (3) paying the appropriate fee set forth in IC 9-29-9-7 or
IC 9-29-9-8.
SECTION 203. IC 9-24-9-2, AS AMENDED BY P.L.145-2011,
SECTION 17, AND AS AMENDED BY P.L.118-2011, SECTION 3,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 2. (a) Before January 1, 2008, each
application for a license or permit under this chapter must require the
following information:
(1) The name, date of birth, sex, Social Security number, and
mailing address, and, if different from the mailing address, the
residence address of the applicant. The applicant shall indicate to
the bureau:
(A) which address the license or permit shall contain; and
(B) whether the Social Security number or another
distinguishing number shall be the distinctive identification
number used on the license or permit.
(2) Whether the applicant has been licensed as an operator, a
chauffeur, or a public passenger chauffeur or has been the holder
of a learner's permit, and if so, when and by what state.
(3) Whether the applicant's license or permit has ever been
suspended or revoked, and if so, the date of and the reason for the
suspension or revocation.
(4) Whether the applicant has been convicted of a crime
punishable as a felony under Indiana motor vehicle law or any
other felony in the commission of which a motor vehicle was
used.
(5) Whether the applicant has a physical or mental disability, and
if so, the nature of the disability and other information the bureau
directs.
The bureau shall maintain records of the information provided under
subdivisions (1) through (5).
(b) (a) Except as provided in subsection (c), after December 31,
2007, (b), each application for a license or permit under this chapter
must require the following information:
(1) The full legal name of the applicant.
(2) The applicant's date of birth.
(3) The gender of the applicant.
(4) The applicant's height, weight, hair color, and eye color.
(5) The principal address and mailing address of the applicant.
(6) A:
(A) valid Social Security number; or
(B) verification of an applicant's:
(i) ineligibility to be issued a Social Security number; and
(ii) identity and lawful status.
(7) Whether the applicant has been subject to fainting spells or
seizures.
(8) Whether the applicant has been licensed as an operator, a
chauffeur, or a public passenger chauffeur or has been the holder
of a learner's permit, and if so, when and by what state.
(9) Whether the applicant's license or permit has ever been
suspended or revoked, and if so, the date of and the reason for the
suspension or revocation.
(10) Whether the applicant has been convicted of a crime
punishable as a felony under Indiana motor vehicle law or any
other felony in the commission of which a motor vehicle was
used.
(11) Whether the applicant has a physical or mental disability,
and if so, the nature of the disability and other information the
bureau directs.
(12) The signature of the applicant.
The bureau shall maintain records of the information provided under
subdivisions (1) through (12).
(c) (b) For purposes of subsection (b), (a), an individual certified as
a program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the individual's principal address
and mailing address, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the individual's
principal address and mailing address.
(d) (c) In addition to the information required by subsection (b), (a),
an applicant who is required to complete at least fifty (50) hours of
supervised practice driving under IC 9-24-3-2.5(a)(1)(E) or
IC 9-24-3-2.5(a)(2)(D) must submit to the commission evidence of the
time logged in practice driving. The bureau shall maintain a record of
the time log provided.
(d) In addition to the information required under subsection (b), (a),
an application for a license or permit to be issued under this chapter
must enable the applicant to indicate that the applicant is a veteran of
the armed forces of the United States and wishes to have an indication
of the applicant's veteran status appear on the license or permit. An
applicant who wishes to have an indication of the applicant's veteran
status appear on a license or permit must:
(1) indicate on the application that the applicant:
(A) is a veteran of the armed forces of the United States; and
(B) wishes to have an indication of the applicant's veteran
status appear on the license or permit; and
(2) verify the applicant's veteran status by providing proof of
discharge.
The bureau shall maintain records of the information provided under
this subsection.
SECTION 204. IC 9-24-10-3, AS AMENDED BY P.L.145-2011,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) Except as provided by subsection (b),
examinations shall be held in the county where the license branch
office in which the application was made is located, within a
reasonable length of time following the date of the application.
(b) After June 30, 2011, An applicant may take any or all of the tests
required by section 4(a)(1)(B), 4(a)(1)(C), and 4(a)(2) of this chapter
at any license branch location in Indiana.
SECTION 205. IC 9-24-10-4, AS AMENDED BY P.L.145-2011,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) Except as provided in subsection (c), an
examination for a learner's permit or driver's license must consist of
a test of the applicant's eyesight and knowledge of IC 9-26-1-1.5. All
other examinations must include the following:
(1) A test of the following of the applicant:
(A) Eyesight.
(B) Ability to read and understand highway signs regulating,
warning, and directing traffic.
(C) Knowledge of Indiana traffic laws, including
IC 9-26-1-1.5.
(2) An actual demonstration of the applicant's skill in exercising
ordinary and reasonable control in the operation of a motor
vehicle under the type of permit or license applied for.
(b) The examination may include further physical and mental
examination that the bureau finds necessary to determine the
applicant's fitness to operate a motor vehicle safely upon Indiana
highways. The applicant must provide the motor vehicle used in the
examination.
(c) The bureau:
(1) shall may waive the actual demonstration required under
subsection (a)(2) for a person who has passed a driver's education
class and a skills test given by a commercial driver training school
or driver education program given by an entity licensed under
IC 9-27-6-7; and
(2) may waive the testing, other than testing under subsection
(a)(1)(A), of an applicant who has passed:
(A) an examination concerning:
(i) subsection (a)(1)(B); and
(ii) subsection (a)(1)(C); and
(B) a skills test;
given by a commercial driver training school or an entity licensed under IC 9-27-6-7.
(d) The bureau shall adopt rules under IC 4-22-2 specifying requirements for a skills test given under subsection (c) and the testing required under subsection (a)(1)(B) and (a)(1)(C).
(e) An instructor having an endorsement under IC 9-27-6-8 who did not instruct the applicant for the license or permit in driver education is not civilly or criminally liable for a report made in good faith to the:
(1) bureau;
(2) commission; or
(3) driver licensing medical advisory board;
concerning the fitness of the applicant to operate a motor vehicle in a manner that does not jeopardize the safety of individuals or property.
SECTION 206. IC 9-24-10-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. The bureau shall
SECTION 207. IC 9-24-11-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. The bureau shall issue a permit or license to every applicant who meets the following conditions:
(1) Qualifies as required.
(2) Makes the proper application.
(3) Pays the required fee.
(4) Passes the required examinations.
SECTION 208. IC 9-24-11-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. (a) This section applies to an individual who has an existing medical condition that causes the individual to appear intoxicated.
(b) An operator's permit or license issued to an individual under this section must bear a
(c) An individual who wishes to have an operator's permit or license issued under this section must provide a verified certificate from a physician licensed to practice in Indiana attesting to the individual's medical condition. The physician's certificate must be:
(1) provided to the bureau at the time the individual applies for an operator's permit or license under this section;
(2) carried in any vehicle that the individual operates; and
(3) renewed each time the individual's operator's license is
renewed.
(d) The bureau shall adopt rules under IC 4-22-2 to carry out this
section.
SECTION 209. IC 9-24-11-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) In addition to
any other penalty imposed for a conviction under section 8(c) of this
chapter, the court shall recommend that the person's driving privileges
be suspended for a fixed period of at least ninety (90) days and not
more than two (2) years.
(b) The court shall specify:
(1) the length of the fixed period of suspension; and
(2) the date the fixed period of suspension begins;
whenever the court makes a recommendation under subsection (a). If
the court fails to recommend a fixed term of suspension, the bureau
shall impose the minimum period of suspension required under this
chapter.
SECTION 210. IC 9-24-11-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11. The bureau shall,
upon receiving a record of conviction of a person under section 8(c) of
this chapter, set a period of suspension for a fixed period of at least
ninety (90) days and not more than two (2) years. The bureau shall fix
this period in accordance with the recommendation of the court that
entered the conviction, as provided in section 10 of this chapter. If the
court fails to recommend a fixed term of suspension, the bureau
shall impose the minimum period of suspension required under this
chapter.
SECTION 211. IC 9-24-12-2, AS AMENDED BY P.L.184-2007,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. (a) Except as provided in section 10 of this
chapter, a chauffeur's license issued under this article after December
31, 1996, and before January 1, 2006, expires at midnight of the
birthday of the holder that occurs four (4) years following the date of
issuance.
(b) (a) After December 31, 2005, and Except as provided in
subsection (c) (b) and sections 10, 11, and 12 of this chapter, a
chauffeur's license issued under this article expires at midnight of the
birthday of the holder that occurs six (6) years following the date of
issuance.
(c) (b) Except as provided in subsection (b) and sections 10, 11, and
12 of this chapter, a chauffeur's license issued to an applicant who is at
least seventy-five (75) years of age expires at midnight of the birthday
of the holder that occurs three (3) years following the date of issuance.
SECTION 212. IC 9-24-12-5, AS AMENDED BY P.L.109-2011, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) Except as provided in subsection (b), an individual applying for renewal of an operator's, a chauffeur's, or a public passenger chauffeur's license must apply in person at a license branch and do the following:
(1) Pass an eyesight examination.
(2) Pass a written examination if:
(A) the applicant has at least six (6) active points on the applicant's driving record maintained by the bureau; or
(B) the applicant holds a valid operator's license, has not reached the applicant's twenty-first birthday, and has active points on the applicant's driving record maintained by the bureau.
(b) The bureau may adopt rules under IC 4-22-2 concerning the ability of a holder of an operator's, a chauffeur's, or a public passenger chauffeur's license to renew the license by mail or by electronic service. If rules are adopted under this subsection, the rules must provide that an individual's renewal of a license by mail or by electronic service is subject to the following conditions:
(1) A valid computerized image of the individual must exist within the records of the bureau.
(2) The previous renewal of the individual's operator's, chauffeur's, or public passenger chauffeur's license must not have been by mail or by electronic service.
(3) The application for or previous renewal of the individual's license must have included a test of the individual's eyesight approved by the bureau.
(4) If the individual were applying for the license renewal in person at a license branch, the individual would not be required under subsection (a)(2) to submit to a written examination.
(5) The individual must be a citizen of the United States, as shown in the records of the bureau.
(6) There must not have been any change in the:
(A) address; or
(B) name;
of the individual since the issuance or previous renewal of the individual's operator's, chauffeur's, or public passenger chauffeur's license.
(7) The operator's, chauffeur's, or public passenger chauffeur's license of the individual must not be:
(A) suspended; or
(B) expired more than one hundred eighty (180) days;
at the time of the application for renewal.
(8) The individual must be less than
(c) An individual applying for the renewal of an operator's, a chauffeur's, or a public passenger chauffeur's license must apply in person at a license branch under subsection (a) if the individual is not entitled to apply by mail or by electronic service under rules adopted under subsection (b).
SECTION 213. IC 9-24-14-1, AS AMENDED BY P.L.87-2010, SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. If a permit or license issued under this article
SECTION 214. IC 9-24-14-2 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 215. IC 9-24-15-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) Except as provided in subsection (b), this chapter does not apply to the following:
(1) A suspension of a driving license upon the failure of an individual to file security or proof of financial responsibility following an accident as required by or upon the failure of any individual to satisfy a judgment for damages arising out of the use of a motor vehicle on a public highway as provided for in IC 9-25.
(2) When suspension is by reason of:
(A) physical, mental, or emotional instability;
(B) having caused serious bodily injury to or the death of another person when operating a motor vehicle after knowingly or intentionally failing to take prescribed medication, the taking of which was a condition of the issuance of the operator's restricted driver's license; or
(C) the applicant has been convicted of involuntary manslaughter or reckless homicide as a result of an automobile accident.
(3) A suspension of the license of an applicant whose license has been previously suspended.
(4) A suspension of the license of an applicant who has failed to use timely appeal procedures provided by the bureau.
(5) After June 30, 2005, a suspension of the license of an applicant whose commercial driver's license has been disqualified under 49 CFR 383.51 or other applicable federal or state law, including an alcohol or a controlled substance conviction under IC 9-30-5-4 or 49 CFR 391.15.
(b) A court may grant a petition for
(1) received a request for evidence of financial responsibility after:
(A) an accident under IC 9-25-5-2; or
(B) a conviction of a motor vehicle violation under IC 9-25-9-1; and
(2) failed to provide proof of financial responsibility under IC 9-25-6;
if the individual shows by a preponderance of the evidence that the failure to maintain financial responsibility was inadvertent.
SECTION 216. IC 9-24-15-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. If:
(1) an individual's driving license has been suspended under Indiana motor vehicle law;
(2) because of the nature of the individual's employment the suspension would work an undue hardship and burden upon the individual's family or dependents; and
(3) the individual is eligible for restricted driving privileges under section 1 of this chapter;
the individual may file a verified petition for
suspension.
SECTION 217. IC 9-24-15-3, AS AMENDED BY P.L.28-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. The following information must be included in
a petition filed under section 2 of this chapter:
(1) The petitioner's age, place of residence, and occupation.
(2) That the petitioner has never been convicted of a similar
offense or been previously suspended. for a similar reason.
(3) The reason and nature of the hardship or burden upon the
petitioner's family or dependents.
(4) The nature of and the necessity of the use of a motor vehicle
in the petitioner's employment.
(5) The petitioner's place of employment, hours worked, and route
to be traveled for employment purposes.
(6) After June 30, 2005, A certified copy of the petitioner's
driving record in Indiana and other states in which the petitioner
has held driving privileges, including all states in which the
petitioner has held a commercial driver's license.
(7) After June 30, 2005, A verified statement that the petitioner
meets eligibility requirements for a restricted license as set forth
in section 6.5 of this chapter.
(8) Whether the person is a habitual violator of traffic laws under
IC 9-30-10.
SECTION 218. IC 9-24-15-5, AS AMENDED BY P.L.106-2010,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. (a) The issues before the court in a proceeding
under this chapter must be considered closed by denial of all matters
at issue without the necessity of filing any further pleadings.
(b) Changes of venue from the judge or from the county must be
granted a party under the law governing changes of venue in civil
causes.
(c) A suspension or revocation under this title remains in full force
and effect during the pendency of a cause under this chapter and until
the issuance of the restricted driving permit privileges by the bureau
in accordance with the recommendation of the court.
(d) Records accumulated in the regular course of business and
routinely on file in the offices of the prosecuting attorney of the county,
sheriff of the county, and bureau may be admitted at the hearing on the
petition. The records constitute prima facie evidence of the matters
contained on the face of the petition in relation to the petitioner.
(e) Court costs (including fees) for the action on the petition must
be charged against the petitioner. The prosecuting attorney of the
county is not liable or taxable for any costs (including fees) in any
action under this chapter.
SECTION 219. IC 9-24-15-6, AS AMENDED BY P.L.109-2011,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6. (a) The court shall, after hearing the evidence
upon a petition filed under this chapter and without any requests, make,
sign, and file special finding of facts in writing. Except as provided in
section 6.5 of this chapter, the court may do either of the following:
(1) Refuse to grant the petition.
(2) Make a final determination in the nature of a recommendation
to the bureau that the petitioner be granted a restricted driving
permit. privileges.
The judge of the court shall sign the recommendation and have the
recommendation entered in the order book by the clerk of the court,
with a copy sent to the bureau.
(b) If the bureau receives an order granting restricted driving
privileges to a person who, according to the records of the bureau,
is ineligible to receive restricted driving privileges under this
chapter, the bureau shall:
(1) grant the person restricted driving privileges and notify
the prosecuting attorney of the county from which the order
was received that the person is not eligible for restricted
driving privileges; and
(2) send a certified copy of the person's driving record to the
prosecuting attorney. The prosecuting attorney shall, in
accordance with IC 35-38-1-15, petition the court to correct
the order of the court. If the bureau does not receive a
corrected order within sixty (60) days, the bureau shall notify
the attorney general, who shall, in accordance with
IC 35-38-1-15, petition the court to correct the order of the
court.
SECTION 220. IC 9-24-15-6.5, AS AMENDED BY P.L.109-2011,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6.5. (a) The court shall grant a petition for a
restricted driving permit privileges filed under this chapter if all of the
following conditions exist:
(1) The person was not convicted of one (1) or more of the
following:
(A) A Class D felony under IC 9-30-5-4 before July 1, 1996,
or a Class D felony or a Class C felony under IC 9-30-5-4 after
June 30, 1996.
(B) A Class C felony under IC 9-30-5-5 before July 1, 1996, or
a Class C felony or a Class B felony under IC 9-30-5-5 after
June 30, 1996.
(2) The person's driving privileges were suspended under
IC 9-30-6-9(c) or IC 35-48-4-15.
(3) The driving that was the basis of the suspension was not in
connection with the person's work.
(4) The person does not have a previous conviction for operating
while intoxicated.
(5) The person is participating in a rehabilitation program
certified by either the division of mental health and addiction or
the Indiana judicial center. as a condition of the person's
probation.
(b) The person filing the petition for a restricted driving permit
privileges shall include in the petition the information specified in
subsection (a) in addition to the information required by sections 3
through 4 of this chapter.
(c) Whenever the court grants a person restricted driving privileges
under this chapter, that part of the court's order granting probationary
driving privileges shall not take effect until the person's driving
privileges have been suspended for at least thirty (30) days under
IC 9-30-6-9. In a county that provides for the installation of an ignition
interlock device under IC 9-30-8, installation of an ignition interlock
device is required as a condition of probationary driving privileges for
the entire duration of the probationary driving privileges.
(d) If a court requires installation of a certified ignition interlock
device under subsection (c), the court shall order the bureau to record
this requirement in the person's operating driving record in accordance
with IC 9-14-3-7. When the person is no longer required to operate
only a motor vehicle equipped with an ignition interlock device, the
court shall notify the bureau that the ignition interlock use requirement
has expired and order the bureau to update its records accordingly.
SECTION 221. IC 9-24-15-6.7, AS AMENDED BY P.L.109-2011,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6.7. (a) If a petitioner whose driving license or
permit is suspended under IC 9-25-6-19, IC 9-25-6-20, or IC 9-25-6-21
IC 9-30-13-6, IC 9-30-13-7, or IC 9-30-13-8 proves to the satisfaction
of the court that public transportation is unavailable for travel by the
petitioner:
(1) to and from the petitioner's regular place of employment;
(2) in the course of the petitioner's regular employment;
(3) to and from the petitioner's place of worship; or
(4) to participate in parenting time with the petitioner's children
consistent with a court order granting parenting time;
the court may grant a petition for a restricted driving permit privileges
filed under this chapter.
(b) A Restricted driving permit privileges issued by the bureau
under this section must specify that the restricted driving permit is
privileges are valid only for purposes of driving under the conditions
described in subsection (a).
(c) A Restricted driving permit privileges issued by the bureau
under this section shall be:
(1) issued in the same manner; and
(2) subject to all requirements;
as other permits under this chapter.
SECTION 222. IC 9-24-15-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. The bureau shall
comply with the court's recommendation. The bureau in issuing a
restricted driving permit privileges shall be guided by the court's
special finding of facts in setting out the petitioner's driving
restrictions. The restricted driving permit recommendation of the
court must set out restrictions as to the time, territory, and route to be
included and shall be restricted to the essential requirements of the
petitioner in the performance of the petitioner's employment duties.
SECTION 223. IC 9-24-15-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. The petitioner must
have proof of the petitioner's restricted driving permit privileges on
the petitioner's person while driving a motor vehicle. A Restricted
driving permit is privileges are valid and in force only after the person
gives and maintains in effect proof of financial responsibility in the
manner required in IC 9-25.
SECTION 224. IC 9-24-15-9, AS AMENDED BY P.L.109-2011,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 9. Except as provided in section 6.5 of this
chapter, an individual may not receive a be granted restricted driving
permit privileges if the individual's driving privileges are suspended
under IC 9-30-5 through IC 9-30-9 or IC 9-30-13-3.
SECTION 225. IC 9-24-15-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11. (a) A person who:
(1) has been issued a granted restricted driving permit;
privileges; and
(2) operates a motor vehicle:
(A) in violation of the terms, limitations, or restrictions set out
in by the restricted driving permit; court; and
(B) during the period of suspension of the person's current
driving license;
commits a Class B misdemeanor.
(b) The bureau shall, upon receipt of notice of a conviction for a
violation of this section, do the following:
(1) Revoke the person's restricted driving permit. privileges.
(2) Suspend the person's current driving license for two (2) years
in addition to the original existing period of suspension.
In addition, the bureau may not issue another restricted driving permit
privileges to the person during the original existing or additional
period of suspension.
SECTION 226. IC 9-24-16-2, AS AMENDED BY P.L.118-2011,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. (a) Before January 1, 2008, an application for
an identification card issued under this chapter must meet the following
conditions:
(1) Be made upon an approved form provided by the bureau,
which shall include the mailing address, and if different from the
mailing address, the residence address of the applicant.
(2) Be verified by the applicant before a person authorized to
administer oaths and affirmations.
(b) Except as provided in subsection (e), after December 31, 2007,
(a) An application for an identification card issued under this chapter
must require the following information concerning an applicant:
(1) The full legal name of the applicant.
(2) The applicant's date of birth.
(3) The gender of the applicant.
(4) The applicant's height, weight, hair color, and eye color.
(5) The principal address and mailing address of the applicant.
(6) A:
(A) valid Social Security number; or
(B) verification of an applicant's:
(i) ineligibility to be issued a Social Security number; and
(ii) identity and lawful status.
(7) A digital photograph of the applicant.
(8) The signature of the applicant.
The bureau shall maintain records of the information provided under
subdivisions (1) through (6). (8).
(c) (b) The bureau may temporarily invalidate an identification card
that the bureau believes to have been issued as a result of fraudulent
documentation.
(d) (c) The bureau:
(1) shall adopt rules under IC 4-22-2 to establish a procedure to
verify an applicant's identity and lawful status; and
(2) may adopt rules to establish a procedure to temporarily
invalidate an identification card that it believes to have been
issued based on fraudulent documentation.
(e) (d) For purposes of subsection (b), (a), an individual certified as
a program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the individual's principal address
and mailing address, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the individual's
principal address and mailing address.
(f) (e) In addition to the information required under subsection (b),
(a), an application for an identification card to be issued under this
chapter must enable the applicant to indicate that the applicant is a
veteran of the armed forces of the United States and wishes to have an
indication of the applicant's veteran status appear on the identification
card. An applicant who wishes to have an indication of the applicant's
veteran status appear on the identification card must:
(1) indicate on the application that the applicant:
(A) is a veteran of the armed forces of the United States; and
(B) wishes to have an indication of the applicant's veteran
status appear on the identification card; and
(2) verify the applicant's veteran status by providing proof of
discharge.
The bureau shall maintain records of the information provided under
this subsection.
SECTION 227. IC 9-24-16-3, AS AMENDED BY P.L.118-2011,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) An identification card must have the same
dimensions and shape as a driver's license, but the card must have
markings sufficient to distinguish the card from a driver's license.
(b) Except as provided in subsection (h), (g), the front side of an
identification card must contain the expiration date of the identification
card and the following information about the individual to whom the
card is being issued:
(1) Full legal name.
(2) The address of the principal residence.
(3) Date of birth.
(4) Date of issue and date of expiration.
(5) Unique identification number.
(6) Gender.
(7) Weight.
(8) Height.
(9) Color of eyes and hair.
(10) Reproduction of the signature of the individual identified.
(11) Whether the individual is blind (as defined in IC 12-7-2-21(1)).
(12) If the individual is less than eighteen (18) years of age at the time of issuance, the dates on which the individual will become:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(13) If the individual 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 individual will become twenty-one (21) years of age.
(14) Digital photograph of the individual.
(c) The information contained on the identification card as required by subsection (b)(12) or (b)(13) for an individual who is less than twenty-one (21) years of age at the time of issuance shall be printed prominently on the permit or license.
(d) If the individual:
(1) has indicated on the application that the individual is a veteran of the armed forces of the United States and wishes to have an indication of the applicant's veteran status appear on the identification card; and
(2) has provided proof of discharge;
an indication of the individual's veteran status shall be shown on the identification card.
(e) If the applicant for an identification card submits information to the bureau concerning the applicant's medical condition, the bureau shall place an identifying symbol on the face of the identification card to indicate that the applicant has a medical condition of note. The bureau shall include information on the identification card that briefly describes the medical condition of the holder of the card. The information must be printed in a manner that alerts a person reading the card to the existence of the medical condition. The applicant for an identification card 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.
(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 identification card. A temporary identification card issued under this subsection may not be renewed without the presentation of valid documentary evidence proving that the holder of the identification card's temporary status has been extended.
SECTION 228. IC 9-24-16-4, AS AMENDED BY P.L.162-2009, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) Except as provided in subsection (b), an identification card
(b) An identification card issued under this article
(1) at midnight one (1) year after issuance, if there is no expiration date on the authorization granted to the individual to remain in the United States; or
(2) if there is an expiration date on the authorization granted to the individual to remain in the United States, the earlier of the following:
(A) At midnight of the date the authorization of the holder to be a legal permanent resident or conditional resident alien of the United States expires.
(B) At midnight of the birthday of the holder that occurs six (6) years after the date of issuance.
SECTION 229. IC 9-24-16-4.5, AS AMENDED BY P.L.109-2011, SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4.5. (a) The bureau may adopt rules under IC 4-22-2 concerning the ability of an individual to renew an identification card under section 5 of this chapter, apply for a replacement identification card under section 9 of this chapter, or apply for a replacement identification card under section 6 of this chapter by electronic service. If rules are adopted under this subsection, the rules must provide that an individual's renewal, amendment, or replacement of an identification card by electronic service is subject to the following conditions:
(1) A valid computerized image or digital photograph of the individual must exist within the records of the bureau.
(2) The individual must be a citizen of the United States, as shown in the records of the bureau.
(3) There must not have been any change in the:
(A) legal address; or
(B) name;
of the individual since the issuance or previous renewal of the identification card of the individual.
(4) The identification card of the individual must not be expired more than one hundred eighty (180) days at the time of the application for renewal.
(b) An individual applying for:
(1) the renewal of an identification card; or
(2) a replacement identification card;
must apply in person at a license branch if the individual is not entitled to apply by mail or by electronic service under rules adopted under subsection (a).
SECTION 230. IC 9-24-16-5, AS AMENDED BY P.L.87-2010, SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) An application for renewal of an identification card may be made not more than twelve (12) months before the expiration date of the card. However, when the applicant complies with section 3.5(1)(E) through 3.5(1)(J) of this chapter, an application for renewal of an identification card may be filed not more than one (1) month before the expiration date of the identification card held by the applicant.
(b) Except as provided in subsection
on the birth date of the holder and remains valid for six (6) years.
(c) If renewal has not been made within six (6) months after
expiration, the bureau shall destroy all records pertaining to the former
cardholder.
(d) (c) Renewal may not be granted if the cardholder was issued a
driver's license subsequent to the last issuance of an identification card.
(e) (d) A renewed identification card issued under this article after
December 31, 2007, to an applicant who complies with section
3.5(1)(E) through 3.5(1)(J) of this chapter expires:
(1) at midnight one (1) year after issuance, if there is no
expiration date on the authorization granted to the individual to
remain in the United States; or
(2) if there is an expiration date on the authorization granted to
the individual to remain in the United States, the earlier of the
following:
(A) At midnight of the date the authorization of the holder to
be a legal permanent resident or conditional resident alien of
the United States expires.
(B) At midnight of the birthday of the holder that occurs six
(6) years after the date of issuance.
SECTION 231. IC 9-24-16-10, AS AMENDED BY P.L.109-2011,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 10. (a) The bureau may adopt rules under
IC 4-22-2 and prescribe all forms necessary to implement this chapter.
However, the bureau may not impose a fee for the issuance of:
(1) an original;
(2) a renewal of an; or
(3) a replacement;
identification card to an individual described in subsection (b).
(b) An identification card must be issued without the payment of a
fee or charge to an individual who:
(1) does not have a valid Indiana driver's license; and
(2) will be at least eighteen (18) years of age at and eligible to
vote in the next general, municipal, or special election.
SECTION 232. IC 9-24-17-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) The bureau shall
verbally ask every individual who applies for a driver's license or an
identification card issued under IC 9-24-16 whether the individual
desires to make an anatomical gift.
(b) If the individual does desire to make an anatomical gift, the
bureau shall assist provide the individual in completing the form by
which the individual makes the gift.
SECTION 233. IC 9-24-17-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. The bureau shall make available
SECTION 234. IC 9-24-17-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) Each anatomical gift made under this chapter must be made by the donor by acknowledging the making of the anatomical gift by signing the application form for the driver's license or identification card under section 1 of this chapter. If the donor cannot sign, the application form may be signed for the donor:
(1) at the donor's direction and in the donor's presence; and
(2) in the presence of two (2) witnesses who must sign the document in the donor's and each other's presence.
SECTION 235. IC 9-24-18-1, AS AMENDED BY P.L.100-2010, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) A person, except a person exempted under IC 9-24-1-7, who knowingly or intentionally operates a motor vehicle upon a highway and has never received a valid driving license commits a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction under this section.
(b) In addition to any other penalty imposed for a conviction under this section, the court shall recommend that the person be prohibited from receiving a valid driving license for a fixed period of at least ninety (90) days and not more than two (2) years.
(c) The court shall specify:
(1) the length of the fixed period of the prohibition; and
(2) the date the fixed period of the prohibition begins;
whenever the court makes a recommendation under subsection (b).
(d) The bureau shall, upon receiving a record of conviction of a person upon a charge of operating a motor vehicle while never having received a valid driving license, prohibit the person from receiving a driving license for a fixed period of at least ninety (90) days and not more than two (2) years. The bureau shall fix this period in accordance with the recommendation of the court that entered the conviction, as provided in subsection (c). If the court fails to recommend a fixed term of suspension, the bureau shall impose the minimum period of suspension required under this chapter.
(e) In a prosecution under this section, the burden is on the defendant to prove by a preponderance of the evidence that the defendant had been issued a driving license or permit that was valid at the time of the alleged offense.
SECTION 236. IC 9-24-18-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) A person that has a motor vehicle in the person's custody may not cause or knowingly permit a person to drive the vehicle upon a highway unless the person
(b) A person who violates this section commits a Class C infraction.
SECTION 237. IC 9-24-18-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. A person who counterfeits or falsely reproduces a
SECTION 238. IC 9-24-18-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. (a) The bureau may establish a driving record for an Indiana resident who does not hold any type of valid driving license. The driving record shall be established for an unlicensed driver when an abstract of court conviction has been received by the bureau.
(b) If an unlicensed driver applies for and receives any type of driving license in Indiana, the person's driving record as an unlicensed driver shall be recorded on the permanent record file. An unlicensed driver who has had at least two (2) traffic violation convictions in Indiana within twenty-four (24) months before applying for any type of driving license may not be issued a license within one (1) year after the date of the second traffic conviction as indicated on the abstract of court conviction record. If the bureau issues a license without knowledge of the second conviction, the bureau shall suspend the
license upon learning of the second conviction and notify the person of
the reason for the suspension and the term of the suspension.
(c) The bureau shall also certify traffic violation convictions on the
driving record of an unlicensed driver who subsequently receives an
Indiana driving license.
SECTION 239. IC 9-24-18-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. Upon receipt of a
court order under IC 7.1-5-7-7 (minor possessing, consuming, or
transporting alcohol or having alcohol present in a bodily substance),
the bureau shall suspend the minor's driver's license driving privileges
for the period ordered by the court.
SECTION 240. IC 9-24-19-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) In addition to any
other penalty imposed for a conviction under this chapter, the court
shall recommend that the person's driving privileges be suspended for
a fixed period of not less than ninety (90) days and not more than two
(2) years.
(b) The court shall specify:
(1) the length of the fixed period of suspension; and
(2) the date the fixed period of suspension begins;
whenever the court makes a recommendation under subsection (a).
(c) The bureau shall, upon receiving a record of conviction of a
person upon a charge of driving a motor vehicle while the driving
privileges, permit, or license of the person is suspended, fix the
period of suspension in accordance with the recommendation of the
court. If the court fails to recommend a fixed term of suspension,
the bureau shall impose the minimum period of suspension
required under this chapter.
SECTION 241. IC 9-24-19-6 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 6. The bureau shall, upon receiving a record of
conviction of a person upon a charge of driving a vehicle while the
person's driving privilege, permit, or license was suspended, extend the
period of suspension for a fixed period of not less than ninety (90) days
and not more than two (2) years. The bureau shall fix this period in
accordance with the recommendation of the court that entered the
conviction, as provided in section 5 of this chapter.
SECTION 242. IC 9-25-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. This article does not
apply to a judgment in a civil action. or cause of action arising out of
an accident occurring before July 1, 1943.
SECTION 243. IC 9-25-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. Whenever the proof
of financial responsibility filed by a person under this article no longer
fulfills the purpose for which the proof was required, the bureau shall
require other proof of financial responsibility under this article and
shall suspend the operator's or chauffeur's license driving privileges
and motor vehicle registration of the person for whom other proof of
financial responsibility is required.
SECTION 244. IC 9-25-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) This section does
not apply to an electric personal assistive mobility device.
(b) A person may not:
(1) register a motor vehicle; or
(2) operate a motor vehicle on a public highway;
in Indiana if financial responsibility is not in effect with respect to the
motor vehicle under section 4 of this chapter, or the person is not
otherwise insured in order to operate the motor vehicle.
(c) A person who violates this section is subject to the suspension
of the person's current driving license privileges or motor vehicle
registration, or both, under this article.
SECTION 245. IC 9-25-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. Financial
responsibility in one (1) of the forms required under this chapter must
be continuously maintained as long as a motor vehicle is operated on
a road, street, or public highway in Indiana.
SECTION 246. IC 9-25-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) For the purposes
of this article, financial responsibility is in effect with respect to a
motor vehicle if:
(1) a motor vehicle liability insurance policy issued with respect
to the motor vehicle or operator under IC 9-25-5-7;
(2) a bond executed with respect to the motor vehicle under
section 7 of this chapter; or
(3) the status of the owner or operator of the motor vehicle as a
self-insurer, as recognized by the bureau through the issuance of
a certificate of self-insurance under section 11 of this chapter;
provides the ability to respond in damages for liability arising out of the
ownership, maintenance, or use of the motor vehicle in amounts at least
equal to those set forth in section 5 or 6 of this chapter.
(b) A motor vehicle liability policy under this article must contain
the terms, conditions, and provisions required by statute and must be
approved by the state insurance commissioner.
SECTION 247. IC 9-25-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. Proof of financial
responsibility meeting the requirements set forth in this article may
be made filed in a manner prescribed by the bureau by filing with
the bureau the written certificate of an insurance carrier authorized to
do business in Indiana certifying that the carrier has issued to or for the
benefit of the person furnishing the for whom proof and named as the
insured a motor vehicle liability policy meeting the requirements of this
chapter and having the terms, conditions, and specifications that the
bureau requires. is required.
SECTION 248. IC 9-25-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) If a person is
convicted of a traffic offense that requires a court appearance, the court
shall require the person to show proof that financial responsibility was
in force on the date of the violation in one (1) of the forms described in
IC 9-25-4-4 or in the form of a certificate of self-insurance issued under
IC 9-25-4-11.
(b) If a person fails to provide proof of financial responsibility as
required by this section, the court shall do the following:
(1) suspend the person's current driving license privileges or
motor vehicle registration, or both.
(2) Order the person to immediately surrender the person's current
driving license or vehicle registration to the court.
(c) A suspension under this section is subject to the same provisions
concerning procedure for suspension, duration of suspension, and
reinstatement applicable to other suspensions under this chapter.
article.
SECTION 249. IC 9-25-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. Not more than
forty-five (45) days after the bureau receives a copy of an accident
report under IC 9-26, the bureau shall send to each person identified in
the report as an operator of a motor vehicle involved in the accident a
request for evidence of financial responsibility under section 3 of this
chapter, unless the evidence has already been filed with the bureau.
The request for evidence of financial responsibility shall be sent to
each person identified in the report as an operator of a motor vehicle
involved in the accident regardless of fault.
SECTION 250. IC 9-25-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) A request for
evidence of financial responsibility must do the following:
(1) Direct a person identified under section 2 of this chapter to
provide the bureau with evidence that financial responsibility was
in effect with respect to the motor vehicle operated by the person
on the date of the accident described in the accident report.
(2) Instruct the person on how to furnish the bureau with evidence of financial responsibility in compliance with this
(3) Warn the person that failure to furnish evidence of financial responsibility to the bureau will result in suspension of the person's current driving
(b) The bureau shall mail a request for evidence of financial responsibility to a person identified under section 2 of this chapter by first class mail at the address appearing in the records of the bureau.
SECTION 251. IC 9-25-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) To avoid
(b) Proof that the bureau:
(1) did not receive a certificate of compliance
(2) received a certificate of compliance that did not indicate that financial responsibility was in effect with respect to the motor vehicle that the person was operating on the date of the accident described in the accident report; or
(3) suspended
is prima facie evidence in a civil action that the person presented with the request for evidence of financial responsibility did not have an operator's or a motor vehicle liability policy in effect with respect to the motor vehicle that the person was operating on the date of the accident described in the accident report.
SECTION 252. IC 9-25-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) A person who receives a request for evidence of financial responsibility under section 3 of this chapter shall ensure that the insurance company of the person set forth in the certificate of compliance provides to the bureau the following information concerning the form of financial responsibility that was in effect with respect to the motor vehicle on the date in question:
(1) If an operator's or a motor vehicle liability policy was in effect, the following:
(A) The name and address of the insurer.
(B) The limits of coverage of the policy.
(C) The identification number applying to the policy.
(D) Dates of coverage of the policy.
(E) Other information requested by the bureau.
(2) If a bond was in effect, the following:
(A) The name and address of the bond company or surety.
(B) The face amount of the bond.
(C) Dates the bond was in effect.
(D) Other information requested by the bureau.
(3) If self-insurance was in effect under IC 9-25-4-11, the following:
(A) The date on which the certificate of self-insurance was issued by the bureau.
(B) The name of the person to whom the certificate of self-insurance was issued.
(C) Other information requested by the bureau.
(b) A person who requests information or verification of coverage to complete a certificate of compliance under subsection (a) from:
(1) an insurance company; or
(2) an insurance producer;
is not required to give the company or the producer a reason for requesting the information unless the person has been involved in an accident.
SECTION 253. IC 9-25-5-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. A certificate of compliance that reports the existence of an insurance policy must be
SECTION 254. IC 9-25-5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) An insurance
carrier that has issued a motor vehicle liability policy or policies
meeting the requirements of this article shall, upon request of the
named insured,
(1) deliver to the insured for filing; or
(2) file with the bureau
an appropriate certificate that meets the requirements of this chapter
article and shows that a policy or policies have been issued.
(b) The issuance of a certificate to serve as proof of financial
responsibility under this chapter article is conclusive evidence that a
motor vehicle liability policy in the certificate cited conforms to all the
requirements of this article.
SECTION 255. IC 9-25-5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. Whenever an
insurance carrier has certified a motor vehicle liability policy under this
chapter for the purpose of furnishing evidence of future financial
responsibility, the insurance carrier shall give ten (10) days written
notice to the bureau before cancellation of the policy. The policy
continues in full force and effect until the date of cancellation specified
in the notice or until the policy's expiration. A policy subsequently
procured and certified, on the effective date of the policy's certification,
terminates the insurance previously certified with respect to a motor
vehicle designated in both certificates.
SECTION 256. IC 9-25-5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) A nonresident
may give proof of financial responsibility in one (1) of the following
ways:
(1) The nonresident owner of a foreign motor vehicle may give
proof of financial responsibility by filing with the bureau a written
certificate of having an insurance carrier authorized to transact
business in the state in which the motor vehicle described in the
certificate is registered file a certificate of compliance with the
bureau.
(2) A nonresident who does not own a motor vehicle may give
proof of financial responsibility by filing with the bureau a written
certificate of having an insurance carrier authorized to transact
business in the state in which the nonresident resides file a
certificate of compliance with the bureau.
(b) A certificate of compliance filed under subsection (a) must
conform to this chapter.
(c) The bureau shall accept a certificate filed under subsection (a)
if the insurance carrier complies with the following:
(1) Executes a power of attorney authorizing the bureau to accept
service on the insurance carrier's behalf of notice of process in an
action arising out of a motor vehicle accident in Indiana.
(2) Adopts a binding resolution declaring that the insurance
carrier's policies are considered to comply with Indiana law
relating to the terms of motor vehicle liability policies issued in
Indiana.
(3) Agrees to accept as final and binding a judgment of a court of
competent jurisdiction in Indiana rendered in an action arising out
of a motor vehicle accident.
(d) If a foreign insurance carrier that has qualified to furnish proof
of financial responsibility under subsection (c) defaults in an
undertaking or agreement, the bureau may not accept a certificate of
the defaulting foreign carrier as long as the default continues, whether
the certificate was filed before or after the default.
SECTION 257. IC 9-25-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) If:
(1) the bureau receives a certificate of compliance from for a
person identified under IC 9-25-5-2 within forty (40) days after
the date on which the bureau mailed the request for evidence of
financial responsibility to the person; and
(2) the certificate of compliance indicates that financial
responsibility was in effect with respect to the motor vehicle or
the operation of the motor vehicle at the time of the accident
described in the accident report;
the bureau may not suspend the person's current driving license.
privileges.
(b) If:
(1) the bureau receives a certificate of compliance from a person
presented with a request for evidence of financial responsibility
under IC 9-25-9-1 within forty (40) days after the date on which
the person was presented with the request; and
(2) the certificate of compliance indicates that financial
responsibility was in effect with respect to the motor vehicle or
the operation of the motor vehicle that the person was operating
when the person committed the violation described in the
judgment or abstract received by the bureau under IC 9-25-9-1;
the bureau may not suspend the person's current driving license.
privileges.
(c) If:
(1) the bureau receives a certificate of compliance for a
person identified under IC 9-25-10 within forty (40) days after
the date on which the bureau mailed the request for evidence
of financial responsibility to the person; and
(2) the certificate of compliance indicates that financial
responsibility was in effect with respect to the motor vehicle
or the operation of the motor vehicle for the date requested
under IC 9-25-10;
the bureau may not suspend the driving privileges of the person.
SECTION 258. IC 9-25-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) If the bureau
finds that a statement as to the existence of financial responsibility in
a certificate of compliance received from: for
(1) a person identified under IC 9-25-5-2; or
(2) a person presented with a request for evidence of financial
responsibility under IC 9-25-9-1; IC 9-25
is materially false, the bureau shall take action under subsection (b).
(b) Upon finding that the statement referred to in subsection (a) is
false, the bureau shall do the following:
(1) immediately suspend the person's current driving license or
privileges or motor vehicle registration, or both,
(2) Demand that the person immediately surrender the person's
current driving license or vehicle registration, or both, to the
bureau. for at least ninety (90) days and not more than one (1)
year.
SECTION 259. IC 9-25-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) If the bureau:
(1) does not receive a certificate of compliance from for a person
identified under IC 9-25-5-2 within forty (40) days after the date
on which the bureau mailed the request for evidence of financial
responsibility to the person; or
(2) receives a certificate that does not indicate that financial
responsibility was in effect with respect to the motor vehicle
operated by the person on the date of the accident referred to in
IC 9-25-5-2;
the bureau shall take action under subsection (c). (d).
(b) If the bureau:
(1) does not receive a certificate of compliance from for a person
presented with a request for evidence of financial responsibility
under IC 9-25-9-1 within forty (40) days after the date on which
the person was presented with the request; or
(2) receives a certificate that does not indicate that financial
responsibility was in effect with respect to the motor vehicle that
the person was operating when the person committed the violation
described in the judgment or abstract received by the bureau
under IC 9-25-9-1;
the bureau shall take action under subsection (c). (d).
(c) If the bureau:
(1) does not receive a certificate of compliance for a person
presented with a request under IC 9-25-10 not later than forty
(40) days after the date on which the person was presented
with the request; or
(2) receives a certificate that does not indicate that financial
responsibility was in effect;
the bureau shall take action under subsection (d).
(c) (d) Under the conditions set forth in subsection (a), or (b), or (c),
the bureau shall do the following:
(1) immediately suspend the person's current driving license
privileges or motor or vehicle registration, or both, for at least
ninety (90) days and not more than one (1) year.
(2) Demand that the person immediately surrender the person's
current driving license or vehicle registration, or both, to the
bureau.
(d) (e) Except as provided in subsection (e), (f), if subsection (a), or
(b), or (c) applies to a person, the bureau shall suspend the current
driving license privileges of the person irrespective of the following:
(1) The sale or other disposition of the motor vehicle by the
owner.
(2) The cancellation or expiration of the registration of the motor
vehicle.
(3) An assertion by the person that the person did not own the
motor vehicle and therefore had no control over whether financial
responsibility was in effect with respect to the motor vehicle.
(e) (f) The bureau shall not suspend the current driving license
privileges of a person to which subsection (a), or subsection (b), or (c)
applies if the person, through a certificate of compliance or another
communication with the bureau, establishes to the satisfaction of the
bureau that the motor vehicle that the person was operating when the
accident referred to in subsection (a) took place or when the violation
referred to in subsection (b) was committed was:
(1) rented from a rental company; or
(2) owned by the person's employer and operated by the person in
the normal course of the person's employment.
SECTION 260. IC 9-25-6-3.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3.5. If a person
violates:
(1) IC 9-25-4;
(2) IC 9-25-5;
(3) section 2 or 3 of this chapter; or
(4) IC 9-25-10;
more than one (1) time within a three (3) year period, the person's driving
SECTION 261. IC 9-25-6-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) This section does not apply to judgments entered at least seven (7) years after the date of the accident.
(b) "Judgment", as used in this section, means a judgment in excess of two hundred dollars ($200) for bodily injury, death, or property damages arising out of the use of a motor vehicle upon a public highway.
(c) The bureau shall suspend for a period of not more than seven (7) years from the date of
SECTION 262. IC 9-25-6-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) The bureau may not suspend
(1) Gives proof
(2) Obtains an order from the trial court in which the judgment was rendered permitting the payment of the judgment in installments, unless the payment of an installment is in default.
(b) A judgment debtor, upon five (5) days notice to the judgment creditor, may apply to the trial court in which the judgment was obtained for the privilege of paying the judgment in installments. The court, in the court's discretion and without prejudice to other legal remedies the judgment creditor may have, may order the payment of the judgment in installments, fixing the amounts and times of payment of the installments.
(c) Except as provided in subsection (d), if the judgment debtor fails to pay an installment as permitted by the order of the court, upon notice of the default the bureau shall suspend the
make installment payments for judgments entered at least seven (7)
years after the date of the accident. A Suspended license driving
privileges may not be reinstated until evidence of proof of future
financial responsibility is presented.
(d) Notwithstanding a default by the judgment debtor in the
payment of a judgment or the payment of an installment under
subsection (b), whenever the judgment creditor consents in writing, in
the form the bureau prescribes, that the judgment debtor be allowed
license driving privileges and registration, the license driving
privileges and registration may be allowed by the bureau at the
bureau's discretion. The license driving privileges and registration
may be allowed for six (6) months from the date of a consent under this
subsection and may be renewed until the consent is revoked in writing
if the judgment debtor furnishes proof under this article of that the
judgment debtor's debtor will maintain financial responsibility in the
future for at least three (3) years following reinstatement.
SECTION 263. IC 9-25-6-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) Except as
provided in sections 5 and 6 of this chapter, a suspension required in
sections 4 and 6 of this chapter remains in effect and no other motor
vehicle may be registered in the name of the judgment debtor or a new
license issued to the judgment debtor, until the following occur:
(1) The judgment is satisfied or stayed.
(2) The judgment debtor gives proof of future financial
responsibility in the future for three (3) years, as provided in this
article.
(b) A discharge in bankruptcy following the rendering of a judgment
does not relieve the judgment debtor from the requirements of this
chapter.
SECTION 264. IC 9-25-6-8 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 8. (a) A court shall forward to the bureau a certified
abstract of the record of the conviction of a person in the court for a
violation of a law relating to motor vehicles.
(b) If in the opinion of the court a defendant should be deprived of
the privilege to operate a motor vehicle upon a public highway, the
court shall recommend the suspension of the convicted person's current
driving license for a fixed period established by the court not exceeding
one (1) year.
(c) The bureau shall comply with the court's recommendation.
(d) At the time of a conviction referred to in subsection (a) or
IC 9-30-5-7, the court may obtain the defendant's current driving
license and return the license to the department.
SECTION 265. IC 9-25-6-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. The
SECTION 266. IC 9-25-6-10 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 267. IC 9-25-6-11 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 268. IC 9-25-6-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12.
but not insuring the person when operating a motor vehicle not owned
by the person, it is unlawful for the person to operate a motor vehicle
not owned by the person or not covered by the certificate. The bureau
shall designate the restriction under this subsection upon the operator's
or chauffeur's license of the person.
(b) If a person who owns a motor vehicle desires to be relieved of
the restriction under subsection (a) and be permitted to drive another
motor vehicle, the person who owns the motor vehicle may have the
restriction removed upon filing a certificate showing that an operator's
policy of liability insurance has been issued to the person.
SECTION 269. IC 9-25-6-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 13. A:
(1) nonresident may not operate a motor vehicle in Indiana; and
(2) motor vehicle owned by the nonresident may not be operated
in Indiana;
until the nonresident or the owner of the motor vehicle has complied
with the requirements of this article with respect to proof of financial
responsibility. covering the motor vehicle.
SECTION 270. IC 9-25-6-14, AS AMENDED BY P.L.210-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 14. (a) The bureau shall reinstate the current
driving license privileges or motor vehicle registration, or both:
(1) subject to section 15 of this chapter, after ninety (90) days of
suspension
(A) except as provided in sections 19, 20, and 21(b) of this
chapter, if the person has furnished the bureau with a
certificate of compliance showing that financial responsibility
is in effect with respect to the vehicle; or
(B) if the person is no longer an owner of the vehicle or the
registration of the vehicle has been canceled or has expired;
(2) if the person is subject to section 21(b) of this chapter and to
IC 9-29-10-1, after thirty (30) days of suspension;
(3) subject to section 15 of this chapter, when the person
furnishes the bureau with a certificate of compliance showing that
financial responsibility is in effect with respect to the vehicle if:
(A) subdivision (1)(B) does not apply; and
(B) the person fails to furnish the bureau with a certificate of
compliance as described in subdivision (1)(A) within ninety
(90) days after the current driving license of the person is
suspended; or
(4) (2) if financial responsibility was in effect with respect to a
motor vehicle on the date of the accident requested but the
person does not provide the bureau with does not receive a
certificate of compliance indicating this fact until after the
person's current driving license is privileges are suspended under
this chapter, article, the person's current driving license
privileges shall be reinstated when the person provides bureau
receives the certificate of compliance. to the bureau and complies
with section 15 of this chapter.
(b) Upon receipt of a certificate of compliance under this section,
the bureau shall expunge from the bureau's data base the administrative
suspension caused by the failure to notify the bureau that the person
had financial responsibility in effect on the date of the violation.
SECTION 271. IC 9-25-6-15, AS AMENDED BY P.L.80-2010,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 15. (a) Except as provided in subsection (b), A
person:
(1) whose current driving license is privileges are suspended
under this chapter; article; and
(2) who seeks the reinstatement of the driving license; privileges;
must pay a reinstatement fee to the bureau as provided in IC 9-29-10-1.
(b) A person whose driver's license is suspended under section 19
or 20 of this chapter is not required to pay a reinstatement fee to have
the person's driving license reinstated.
SECTION 272. IC 9-25-6-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 16. A person whose
current driving license is privileges are suspended under this chapter
article may seek a review of the suspension under IC 4-21.5-3-7.
SECTION 273. IC 9-25-6-17 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 17. If the bureau determines that a person who is
required to give proof of financial responsibility in the future under this
article because of a conviction, non-satisfaction of a judgment, or for
any other reason is or becomes:
(1) a chauffeur or motor vehicle operator, however designated, in
the employ of a person who owns a motor vehicle; or
(2) a member of the immediate family or household of a person
who owns a motor vehicle; and
the period for which the person's suspension or revocation has elapsed,
the bureau may accept proof of future financial responsibility given by
the person who owns the motor vehicle instead of requiring proof from
the person under a suspension or revocation if it appears that the proof
offered will be sufficient to cover any number of persons coming
within this classification. The bureau may designate the restrictions
imposed by this section on the face of the operator's or chauffeur's
license of the person who has been under suspension or revocation.
SECTION 274. IC 9-25-6-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 18. A person who:
(1) forges or without authority signs or approves any certificate
to serve as proof of financial responsibility as required by the
bureau; or
(2) knowingly files or offers for filing a certificate described in
subdivision (1);
commits a Class B misdemeanor.
SECTION 275. IC 9-25-6-19 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 19. (a) The bureau shall, upon receiving an order of a
court issued under IC 31-14-12-4 or IC 31-16-12-7 (or
IC 31-1-11.5-13(j) or IC 31-6-6.1-16(j) before their repeal), suspend
the driving license or permit of the person who is the subject of the
order.
(b) The bureau may not reinstate a driving license or permit
suspended under this section until the bureau receives an order
allowing reinstatement from the court that issued the order for
suspension.
(c) Upon receiving an order for suspension under subsection (a), the
bureau shall promptly mail a notice to the last known address of the
person who is the subject of the order, stating the following:
(1) That the person's driving privileges are suspended, beginning
five (5) business days after the date the notice is mailed, and that
the suspension will terminate ten (10) business days after the
bureau receives an order allowing reinstatement from the court
that issued the suspension order.
(2) That the person has the right to petition for reinstatement of
driving privileges to the court that issued the order for suspension.
(3) That the person may be granted a restricted driving permit
under IC 9-24-15-6.7 if the person can prove that public
transportation is unavailable for travel by the person:
(A) to and from the person's regular place of employment;
(B) in the course of the person's regular employment;
(C) to and from the person's place of worship; or
(D) to participate in parenting time with the petitioner's
children consistent with a court order granting parenting time.
(d) Unless a person whose driving license or permit is suspended
under this section has been issued a restricted driving permit under
IC 9-24-15 as a result of a suspension under this section, a person who
operates a motor vehicle in violation of the section commits a Class A
infraction.
SECTION 276. IC 9-25-6-19.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 19.2. The bureau may suspend the registration of a motor vehicle owned by a registrant who provides the bureau with false evidence of financial responsibility under this article.
SECTION 277. IC 9-25-6-20 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 278. IC 9-25-6-21 IS REPEALED [EFFECTIVE JULY 1, 2012].
shall do the following:
(1) Suspend under subsection (b) the driving privileges of the
person who is the subject of the order, whether or not the person's
current driving license accompanies the order.
(2) Mail to the last known address of the person who is the subject
of the order a notice:
(A) stating that the person's driving license is being suspended
for fuel theft;
(B) setting forth the date on which the suspension takes effect
and the date on which the suspension terminates; and
(C) stating that the person may be granted a restricted driving
permit under IC 9-24-15-6.7 if the person meets the conditions
for obtaining a restricted driving permit.
(b) The suspension of the driving privileges of a person who is the
subject of an order issued under IC 35-43-4-8(b):
(1) begins five (5) business days after the date on which the
bureau mails the notice to the person under subsection (a)(2); and
(2) terminates thirty (30) days after the suspension begins.
(c) A person who operates a motor vehicle during a suspension of
the person's driving privileges under this section commits a Class A
infraction unless the person's operation of the motor vehicle is
authorized by a restricted driving permit issued to the person under
IC 9-24-15-6.7.
SECTION 279. IC 9-25-7-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) This section does
not apply to a person who is a resident of Indiana or who operates a
motor vehicle in Indiana.
(b) A person:
(1) whose operator's driver's license or registration was
suspended and who is required to prove financial responsibility
extending into the future in order to have the person's driving
privileges reinstated; and
(2) who no longer operates a motor vehicle in Indiana and has
become a resident of another state or foreign jurisdiction;
is not required to prove financial responsibility into the future in order
to have the person's license driving privileges or registration
temporarily reinstated to allow licensing or registration in the other
state or foreign jurisdiction.
SECTION 280. IC 9-25-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. This chapter does not
apply to the following:
(1) Persons who have obtained a certificate of self-insurance
under IC 9-25-4-11.
(2) Operators of government owned vehicles.
(3) Persons who are exempt under IC 9-25-1-2.
(4) A resident of another state who is operating a vehicle that is
registered in that person's state of residence.
SECTION 281. IC 9-25-8-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) A person who
knowingly:
(1) operates; or
(2) permits the operation of;
a motor vehicle on a public highway in Indiana without financial
responsibility in effect as set forth in IC 9-25-4-4 commits a Class
A infraction. unless financial responsibility is in effect with respect to
the motor vehicle under IC 9-25-4-4. However, the offense is a Class
C misdemeanor if the person knowingly or intentionally violates this
section and has a prior unrelated conviction or judgment under this
section.
(b) Subsection (a)(2) applies to:
(1) the owner of a rental company that is referred to in
IC 9-25-6-3(e)(1); under IC 9-25-6-3(f)(1); and
(2) an employer that is referred to in IC 9-25-6-3(e)(2). under
IC 9-25-6-3(f)(2).
(c) In addition to any other penalty imposed on a person for
violating this section, the court may recommend the suspension of the
person's driving privileges for at least ninety (90) days but not more
than one (1) year. However, if, within the five (5) years preceding the
conviction under this section, the person had a prior unrelated
conviction under this section, the court shall recommend the
suspension of the person's driving privileges for one (1) year.
(d) Upon receiving the recommendation of the court under
subsection (c), the bureau shall suspend the person's driving privileges
for the period recommended by the court. If no suspension is
recommended by the court, the bureau shall impose the minimum
period of suspension required under this article.
SECTION 282. IC 9-25-8-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. The commissioner
is not required to notify the prosecuting attorney of a driver who has
had a driving license privileges suspended for failure to prove financial
responsibility under this article.
SECTION 283. IC 9-25-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) After the bureau
receives:
(1) a certified abstract under
(2) a judgment or an abstract under IC 9-30-3-11 of a case resulting in a conviction, judgment, or forfeiture of security deposit;
the bureau shall determine whether the bureau is required under subsection (b) to send to the person named in the judgment or abstract a request for evidence of financial responsibility.
(b) The bureau shall send a request for evidence of financial responsibility to a person referred to in subsection (a) if at least one (1) of the following applies to the person:
(1) The judgment or abstract referred to in subsection (a) reports that the person committed a moving traffic violation for which points are assessed by the bureau under the point system, and, not more than one (1) year before the date of the violation referred to in the judgment or abstract, the person committed at least two (2) previous moving traffic violations for which points are assessed by the bureau under the point system.
(2) The judgment or abstract referred to in subsection (a) reports that the person was convicted of:
(A) a misdemeanor; or
(B) a felony;
involving a motor vehicle.
(3) The judgment or abstract referred to in subsection (a) reports that the person committed a moving traffic violation for which points are assessed by the bureau under the point system and the driver's license of the person was previously suspended for violation of the financial responsibility requirements of IC 9-25.
SECTION 284. IC 9-25-9-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. The request for evidence of financial responsibility presented to a person under section 1 of this chapter must do the following:
(1) Direct the person to ensure that the insurance company of the person provide the bureau with evidence that financial responsibility was in effect with respect to the motor vehicle that the person was operating when the person committed the violation described in the judgment or abstract.
(2) Instruct the person on how to furnish the bureau with evidence of financial responsibility as specified in this
(3) Warn the person that failure of the insurance company of the person to
the bureau will result in suspension of the person's current driving
license privileges or motor vehicle registration, or both, under
this article.
SECTION 285. IC 9-25-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. To avoid a current
driving license suspension of driving privileges or motor vehicle
registration suspension under this article, a person presented with a
request for evidence of financial responsibility under section 1 of this
chapter must provide ensure that the insurance company of the
person provides the bureau with a certificate of compliance indicating
that financial responsibility as required by IC 9-25-4-1 was in effect
with respect to the motor vehicle that the person was operating when
the person committed the violation described in the judgment or
abstract.
SECTION 286. IC 9-25-9-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. A person who is
presented with a request for evidence of financial responsibility under
section 1 of this chapter shall direct the insurance company of the
person to set forth in the certificate of compliance the following
information concerning the form of financial responsibility that was in
effect with respect to the motor vehicle:
(1) If a motor vehicle liability policy was in effect, the following:
(A) The name and address of the insurer.
(B) The limits of coverage of the policy.
(C) The identification number applying to the policy.
(D) A statement confirming that financial responsibility
covering the motor vehicle and operator was in effect on
the date applicable to section 1(b) of this chapter.
(2) If a bond was in effect, the following:
(A) The name and address of the bond company or surety.
(B) The face amount of the bond.
(3) If self-insurance was in effect under IC 9-25-4-11, the
following:
(A) The date on which the certificate of self-insurance was
issued by the bureau.
(B) The name of the person to whom the certificate of
self-insurance was issued.
SECTION 287. IC 9-25-9-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) A certificate of
compliance that is provided to the bureau under this chapter article and
that reports the existence of an insurance policy must be signed by an
officer or agent of the insurer.
(b) The portion of a request for evidence of financial responsibility that is presented to an officer or agent of an insurer to obtain a certificate of compliance under subsection (a) may not contain information concerning the violation that resulted in the request for evidence of financial responsibility.
(c) An officer or agent of an insurer may not request information concerning a violation that results in a request for evidence of financial responsibility under this
(d) A certificate of compliance that is provided to the bureau under this
SECTION 288. IC 9-25-10-4, AS AMENDED BY P.L.1-2009, SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. The bureau shall
SECTION 289. IC 9-25-10-6, AS AMENDED BY P.L.1-2009, SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. The failure by a previously uninsured motorist to respond with proof of financial responsibility to the bureau's request for verification of financial responsibility under this chapter constitutes prima facie evidence of operating a motor vehicle without financial responsibility in violation of this article.
SECTION 290. IC 9-25-10-7, AS AMENDED BY P.L.65-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) The bureau shall remove the name of a previously uninsured motorist from the registry not more than five (5) years after the date on which the:
(1) judgment;
(2) conviction; or
(3) administrative action by the bureau;
for which the previously uninsured motorist's name is maintained on the registry was entered against the previously uninsured motorist.
(b) If a previously uninsured motorist is convicted of a second or subsequent offense under this article or is subject to a second or subsequent administrative action by the bureau under this article, the bureau shall remove the previously uninsured motorist's name from the registry not more than five (5) years after the date on which the second or subsequent conviction or the second or subsequent administrative action by the bureau is entered.
SECTION 291. IC 9-26-1-0.5, AS ADDED BY P.L.94-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 0.5. For purposes of this chapter, an accident does
not require proof of a collision between a driver's motor vehicle and
another vehicle or another person if the accident involves serious
bodily injury to or the death of a person.
SECTION 292. IC 9-26-1-1, AS AMENDED BY P.L.1-2009,
SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. Except as provided in section 1.5 of this
chapter, the driver of a motor vehicle involved in an accident that
results in the injury or death of a person or the entrapment of a person
in a vehicle shall do the following:
(1) Immediately stop the driver's motor vehicle at the scene of the
accident or as close to the accident as possible in a manner that
does not obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the accident
until the driver does the following:
(A) Gives the driver's name and address and the registration
number of the motor vehicle the driver was driving.
(B) Upon request, exhibits the driver's license of the driver to
the following:
(i) The person struck.
(ii) The driver or occupant of or person attending each
vehicle involved in the accident.
(C) Subject to section 1.5(a) of this chapter, determines the
need for and renders reasonable assistance to each person
injured or entrapped in the accident, including the removal of,
or the making of arrangements for the removal of:
(i) each injured person from the scene of the accident to a
physician or hospital for medical treatment; and
(ii) each entrapped person from the vehicle in which the
person is entrapped.
(3) Subject to section 1.5(b) of this chapter, immediately give
notice of the accident by the quickest means of communication to
one (1) of the following:
(A) The local police department, if the accident occurs within
a municipality.
(B) The office of the county sheriff or the nearest state police
post, if the accident occurs outside a municipality.
(4) Within ten (10) days after the accident, forward a written
report of the accident to the:
(A) state police department, if the accident occurs before
January 1, 2006; or
SECTION 293. IC 9-26-1-1.5, AS ADDED BY P.L.126-2008, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1.5. (a) If:
(1) the driver of a motor vehicle is physically incapable of determining the need for or rendering assistance to any injured or entrapped person as required under section 1(2)(C) of this chapter;
(2) there is another occupant in the motor vehicle at the time of the accident who is:
(A) at least:
(i) fifteen (15) years of age and holds a learner's permit issued under IC 9-24-7-1 or a driver's license issued under IC 9-24-11; or
(ii) eighteen (18) years of age; and
(B) capable of determining the need for and rendering reasonable assistance to injured or entrapped persons as provided in section 1(2)(C) of this chapter; and
(3) the other occupant in the motor vehicle knows that the driver of the motor vehicle is physically incapable of determining the need for or rendering assistance to any injured or entrapped person;
the motor vehicle occupant referred to in subdivisions (2) and (3) shall immediately determine the need for and render reasonable assistance to each person injured or entrapped in the accident as provided in section 1(2)(C) of this chapter.
(b) If:
(1) the driver of a motor vehicle is physically incapable of giving immediate notice of an accident as required under section 1(3) of this chapter;
(2) there is another occupant in the motor vehicle at the time of the accident who is:
(A) at least:
(i) fifteen (15) years of age and holds a learner's permit issued under IC 9-24-7-1 or a driver's license issued under IC 9-24-11; or
(ii) eighteen (18) years of age; and
(B) capable of giving notice as provided in section 1(3) of this chapter; and
(3) the other occupant in the motor vehicle knows that the driver of the motor vehicle is physically incapable of giving immediate notice of an accident;
the motor vehicle occupant referred to in subdivisions (2) and (3) shall immediately give notice of the accident by the quickest means of communication as provided in section 1(3) of this chapter.
(c) If there is more than one (1) motor vehicle occupant to whom subsection (a) applies, it is a defense to a prosecution of one (1) motor vehicle occupant under subsection (a) that the defendant reasonably believed that another occupant of the motor vehicle determined the need for and rendered reasonable assistance as required under subsection (a).
(d) If there is more than one (1) motor vehicle occupant to whom subsection (b) applies, it is a defense to a prosecution of one (1) motor vehicle occupant under subsection (b) that the defendant reasonably believed that another occupant of the motor vehicle gave the notice required under subsection (b).
SECTION 294. IC 9-26-1-2, AS AMENDED BY P.L.54-2009, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. The driver of a motor vehicle involved in an accident that does not result in injury or death of a person or the entrapment of a person in a motor vehicle and that does not involve the transportation of hazardous materials but that does result in damage to a vehicle that is driven or attended by a person shall do the following:
(1) Immediately stop the motor vehicle at the scene of the accident or as close to the accident as possible in a manner that does not obstruct traffic more than is necessary. If the accident occurs on a federal interstate highway, or on a ramp providing access to or from a federal interstate highway, the driver shall, as soon as safely possible, move the motor vehicle off the highway or ramp to a location as close to the accident as possible in a manner that does not obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the accident until the driver does the following upon request:
(A) Gives the driver's name and address and the registration number of the motor vehicle the driver was driving.
(B) Gives the names and addresses of the owner and any occupants of the motor vehicle the driver was driving, if the names or addresses are different from the name and address provided under clause (A).
(C) Provides proof of financial responsibility (as defined in IC 9-25-2-3) for the motor vehicle.
(D) Exhibits the driver's license of the driver to the driver or occupant of or person attending each vehicle involved in the accident.
SECTION 295. IC 9-26-1-2.5 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 296. IC 9-26-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. The driver of a motor vehicle that collides with an unattended vehicle shall immediately stop and do one (1) of the following:
(1) Locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the motor vehicle striking the unattended vehicle.
(2) Leave in a conspicuous place
SECTION 297. IC 9-26-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) The driver of a motor vehicle that causes damage to the property of another person, other than damage to a vehicle, shall do the following:
(1) Immediately stop the motor vehicle at the scene of the accident or as close to the accident as possible in a manner that does not obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the accident until the driver does the following:
(A) Takes reasonable steps to locate and notify the owner or person in charge of the property of the damage.
(B) Gives the person the driver's name and address and the registration number of the motor vehicle.
(C) Upon request, exhibits the driver's license of the driver.
(b) If after reasonable inquiry the driver of the motor vehicle cannot find the owner or person in charge of the damaged property, the driver of the motor vehicle shall do the following:
(1) Notify either the
(2) Give the
SECTION 298. IC 9-26-1-6 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 299. IC 9-26-1-7, AS AMENDED BY P.L.210-2005, SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) A city or town may by ordinance require that the driver of a motor vehicle involved in an accident file with a designated city or town department
(b) An accident report required to be filed under subsection (a) is for the confidential use of the designated city or town department and subject to IC 9-26-3-4.
SECTION 300. IC 9-26-1-10 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 301. IC 9-26-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. The person in charge of a garage or repair shop to which a motor vehicle that shows evidence of having been struck by a bullet is brought shall report to the state police department, within twenty-four (24) hours after the motor vehicle is received, the following information:
(1) The engine number of the motor vehicle.
(2) The registration number of the motor vehicle.
(3) The name and address of the owner or operator of the motor vehicle.
SECTION 302. IC 9-26-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. A person removing a wrecked or damaged motor vehicle from a street or highway must remove any glass or other foreign material dropped upon the street or highway from the motor vehicle.
SECTION 303. IC 9-26-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) This section does not apply to the removal of a motor vehicle that constitutes a traffic hazard.
(b) The driver of a motor vehicle that is used to remove a motor vehicle that caused damage to real or personal property, except a motor vehicle of another person as described in IC 9-26-1-4, shall give the notification required by IC 9-26-1-4 before removing the motor vehicle that caused the damage.
SECTION 304. IC 9-27-6-5, AS ADDED BY P.L.145-2011, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) As used in this section, "advisory board" refers to the driver education advisory board established by subsection (b).
(b) The driver education advisory board is established to advise the commissioner in the administration of the policies of the commission and the bureau regarding driver education.
(c) The advisory board is composed of seven (7) individuals appointed by the commissioner as follows:
(1) Three (3) members must be driver education professionals endorsed by the bureau under section 8 of this chapter. In the selection of individuals for membership under this subdivision, consideration must be given to driver education instruction performed in urban and rural areas.
(2) One (1) member must be a traffic safety advocate.
(3) One (1) member must be a representative of the bureau.
(4) One (1) member must be a representative of higher education.
(5) One (1) member must be a representative of the insurance industry.
(d) A member of the advisory board serves a
(e) A member of the advisory board may be removed for good cause.
(f) A vacancy on the advisory board shall be filled by the appointment by the commissioner of an individual to fill the position to which the vacating member was appointed under subsection (c) for the vacating member's unexpired term.
(1)
(2)
SECTION 305. IC 9-28-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. The bureau may suspend
SECTION 306. IC 9-28-2-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. (a) Upon written notification from a jurisdiction that is a party to an agreement entered into under this chapter, the bureau shall take appropriate action against a licensed driver for failure to meet the conditions set out in the citation of the jurisdiction in which the traffic offense occurred.
(b) The bureau shall notify the driver by first class mail of the request by the respective jurisdiction to have the driver's
(c) The driver has fifteen (15) days from the date of notice to satisfy the conditions of the citation issued by the jurisdiction or to request a hearing before a bureau hearing officer to show evidence or present information why the bureau should not suspend the
(d) Upon holding the hearing, the bureau may suspend the driver's
(e) If the bureau does not receive information from the driver concerning the notification, the bureau shall suspend the driver's
(f) A driver
hardship license under IC 9-24-15.
(g) The bureau may not suspend a driver's license driving
privileges under this section for a nonmoving traffic offense occurring
in another jurisdiction.
SECTION 307. IC 9-28-5.1-1, AS ADDED BY P.L.93-2010,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. To facilitate the exchange of driver's licenses,
the bureau shall may negotiate and enter into a reciprocal agreement
with a foreign country. However, the bureau may not negotiate or enter
into a reciprocal agreement with a country that is listed as a state
sponsor of terrorism as determined by the Secretary of State of the
United States.
SECTION 308. IC 9-28-5.1-3, AS ADDED BY P.L.93-2010,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. A written reciprocity agreement entered into
under section 2 of this chapter must require an applicant from the
foreign country for an operator's license to possess:
(1) a valid operator's driver's license for the type of vehicle
being operated or the equivalent from the foreign country; or
(2) an international driving permit.
SECTION 309. IC 9-28-5.1-4 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 4. The bureau shall report annually in an electronic
format under IC 5-14-6 regarding reciprocal agreements entered into
under this chapter to the general assembly before February 1 of each
year.
SECTION 310. IC 9-28-5.1-5, AS ADDED BY P.L.93-2010,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. The bureau shall may adopt rules under
IC 4-22-2 to carry out this chapter.
SECTION 311. IC 9-29-3-0.3 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 0.3. If P.L.291-2001 imposes an additional service fee
under section 4, 6, 7, 8, 9, 10, 11, 12, 14, or 18 of this chapter that is
payable into a fund other than the state motor vehicle technology fund
established by IC 9-29-16, the general assembly intends that both the
service fees imposed under P.L.291-2001 and P.L.176-2001 shall be
collected.
SECTION 312. IC 9-29-3-4, AS AMENDED BY P.L.63-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) The service charge for each of the first
twelve thousand (12,000) original and renewed vehicle registrations at
a license branch each year is one dollar and seventy-five cents ($1.75).
(b) The service charge for each of the next thirty-eight thousand
(38,000) original and renewed vehicle registrations at that license
branch each year is one dollar and fifty cents ($1.50).
(c) (a) The annual service charge for each additional original or
renewed vehicle registration at that license branch each year is one
dollar and twenty-five cents ($1.25).
(d) (b) Fifty cents ($0.50) of each service charge collected under
this section shall be deposited in the state motor vehicle technology
fund established by IC 9-29-16-1.
(e) (c) A service charge that is:
(1) originally imposed under this section; and
(2) increased by a rule adopted by the department;
applies to any original or renewed vehicle registration issued at a
license branch.
SECTION 313. IC 9-29-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. The service charge
for each title, including duplicate or corrected titles, is one dollar ($1).
SECTION 314. IC 9-29-5-11, AS AMENDED BY P.L.210-2005,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 11. (a) This section does not apply to a vehicle or
person exempted from registration under IC 9-18.
(b) The license registration fee for a piece of special machinery is
five dollars ($5). The motor vehicle is exempt from other fees provided
under IC 9-18 or this article.
(c) The owner of a vehicle listed in this section is not entitled to a
reduction in the five dollar ($5) license registration fee because the
license is granted at a time that the license period is less than a year.
SECTION 315. IC 9-29-5-12, AS AMENDED BY P.L.210-2005,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 12. A farm wagon or farm type dry or liquid
fertilizer tank trailer or spreader used to transport bulk fertilizer
between distribution point and farm and return is exempt from all
license registration fees when the wagon, trailer, or spreader is drawn
or towed on a highway by a:
(1) farm tractor; or
(2) properly registered motor vehicle.
SECTION 316. IC 9-29-5-13, AS AMENDED BY P.L.210-2005,
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 13. (a) This section does not apply to a vehicle or
person exempt from registration under IC 9-18.
(b) The license registration fee for a motor vehicle, trailer, or
semitrailer and tractor operated primarily as a farm truck, farm trailer,
or farm semitrailer and tractor:
(1) having a declared gross weight of at least eleven thousand (11,000) pounds; and
(2) used by the owner or guest occupant in connection with agricultural pursuits usual and normal to the user's farming operation;
is fifty percent (50%) of the amount listed in this chapter for a truck, trailer, or semitrailer and tractor of the same declared gross weight.
SECTION 317. IC 9-29-5-13.5, AS AMENDED BY P.L.191-2007, SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 13.5. (a) This section applies to a truck, trailer, or semitrailer and tractor for which a
(b) Except as provided in subsections (d) and (e), if the owner of a truck, trailer, or semitrailer and tractor described in subsection (a) begins to operate the truck, trailer, or semitrailer and tractor in the conduct of a commercial enterprise or for the transportation of farm products after the commodities have entered the channels of commerce during a registration year for which the
(c) The credit provided in subsection (b) equals:
(1) the
(2)
The credit may not exceed ninety percent (90%) of the
(d) Notwithstanding subsections (b) and (e) and IC 9-18-2-4, a truck, trailer, or semitrailer and tractor described in subsection (a) may be operated intrastate for the transportation of seasonal, perishable fruit or vegetables to the first point of processing for a period that consists of not more than a thirty (30) day period in a registration year as provided by IC 9-21-21-4.3(a). Before a vehicle may be operated as provided in this subsection, the owner shall pay to the bureau:
(1) any
(2) eight and one-half percent (8.5%) of the
fee paid under section 13(b) of this chapter.
(e) Notwithstanding subsections (b) and (d) and IC 9-18-2-4, a
truck, trailer, or semitrailer and tractor described in subsection (a) may
be operated intrastate for the transportation of tomatoes or silage to the
first point of processing for a period that consists of not more than one
(1) seventy-one (71) day period in a registration year as provided by
IC 9-21-21-4.3(b). Before a vehicle may be operated as provided in this
subsection, the owner shall pay to the bureau:
(1) any license registration fee due under section 13(b) of this
chapter; and
(2) seventeen percent (17%) of the license registration fee paid
under section 13(b) of this chapter.
SECTION 318. IC 9-29-5-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 18. The fee for a
recreational vehicle, which does not include truck campers (as
defined in IC 6-6-5.1-8), is twenty dollars ($20).
SECTION 319. IC 9-29-5-26.5 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 26.5. The bureau may adopt rules under IC 4-22-2 to
establish the fee for a temporary registration permit issued under
IC 9-18-7-1.5. However, the amount of the fee may not exceed
seventy-five dollars ($75).
SECTION 320. IC 9-29-5-34 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 34. A vehicle registered under IC 9-18-21 is subject to
an annual registration fee and any other fee or tax required of a person
registering a vehicle under this title.
SECTION 321. IC 9-29-6-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. Whenever a permit
is issued by the bureau Indiana department of transportation under
IC 9-20-6, the bureau Indiana department of transportation shall fix
the fee to be paid. and Upon payment of the fee, the bureau Indiana
department of transportation shall validate the permit. The revenue
from the fee shall be credited to the state highway fund.
SECTION 322. IC 9-29-7-2.5, AS ADDED BY P.L.110-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2.5. The fee for a duplicate or corrected
certificate of salvage title is four dollars ($4).
SECTION 323. IC 9-30-2-0.1 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 0.1. The amendments made to sections 4 and 5 of this
chapter by P.L.99-1996 apply to arrests made after June 30, 1996.
SECTION 324. IC 9-30-3-8, AS AMENDED BY P.L.206-2007,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 8. (a) The court may issue a warrant for the arrest
of a defendant who is an Indiana resident and who fails to appear or
answer a traffic information and summons or a complaint and summons
served upon the defendant. If the warrant is not executed within thirty
(30) days after issue, the court shall promptly forward the court copy
of the traffic information and summons or complaint and summons to
the bureau indicating that the defendant failed to appear in court as
ordered. The court shall then mark the case as failure to appear on the
court's records.
(b) If a defendant who is not an Indiana resident fails to appear or
answer a traffic summons served upon the defendant and upon which
the information or complaint has been filed thirty (30) days after the
return date of the information and summons or complaint and
summons, the court shall promptly forward the court copy of the traffic
information and summons or complaint and summons to the bureau.
The bureau shall notify the motor vehicle commission of the state of
the nonresident defendant of the defendant's failure to appear and also
of any action taken by the bureau relative to the Indiana driving
privileges of the defendant. If the defendant fails to appear or otherwise
answer within thirty (30) days, the court shall mark the case as failure
to appear on the court's records.
(c) The court may suspend the driving privileges of a defendant
who fails to satisfy a judgment entered against the defendant for:
(1) violation of a traffic ordinance; or
(2) commission of a traffic infraction;
by a date set by the court under IC 34-28-5-6. The court shall
forward notice to the bureau indicating that the defendant failed
to pay as ordered.
(c) (d) If the bureau receives a copy of the traffic information and
summons or complaint and summons for failure to appear in court or
a notice of failure to pay under subsection (c), either on a form
prescribed by the bureau or in an electronic format prescribed by the
division of state court administration, the bureau shall suspend the
driving privileges of the defendant until the defendant appears in court
and the case has been disposed of, or until the date payment is
received by the court. The order of suspension may be served upon
the defendant by mailing the order by first class mail to the defendant
at the last address shown for the defendant in the records of the bureau.
The order takes effect on the date the order is mailed.
(d) (e) For nonresidents of Indiana, the order of suspension shall be
mailed to the defendant at the address given to the arresting officer or
the clerk of court by the defendant as shown by the traffic information
or complaint. The order takes effect on the date of mailing. A copy of
the order shall also be sent to the motor vehicle bureau of the state of
the nonresident defendant. If:
(1) the defendant's failure to appear in court has been certified to
the bureau under this chapter; and
(2) the defendant subsequently appears in court to answer the
charges against the defendant;
the court shall proceed to hear and determine the case in the same
manner as other cases pending in the court. Upon final determination
of the case, the court shall notify the bureau of the determination either
in an electronic format or upon forms prescribed by the bureau. The
notification shall be made by the court within ten (10) days after the
final determination of the case, and information from the original copy
of the traffic information and summons or complaint and summons
must accompany the notification.
SECTION 325. IC 9-30-3-11, AS AMENDED BY P.L.206-2007,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 11. (a) Before accepting a plea of guilty to a
misdemeanor traffic offense, the court shall inform the defendant of the
defendant's rights, including the right to:
(1) engage counsel;
(2) a reasonable continuance to engage counsel to subpoena
witnesses;
(3) have process issued by the court, without expense to the
defendant, to compel the attendance of witnesses in the
defendant's behalf;
(4) testify or not to testify in the defendant's own behalf;
(5) a trial by jury; and
(6) appeal.
(b) The court shall inform each defendant charged with a traffic
offense other than a nonmoving traffic offense, if the defendant is
convicted or judgment is entered against the defendant, that a record of
the conviction or judgment will be sent to the bureau or the motor
vehicle bureau of the state where the defendant received a license to
drive to become a part of the defendant's driving record.
(c) The court shall keep a full record of every case in which a person
is charged with a traffic offense other than a nonmoving traffic offense.
Within ten (10) days after the conviction, judgment, or forfeiture of
security deposit of a person, the court shall forward a copy of the
judgment in an electronic format or an abstract as prescribed by
IC 9-25-6-8. IC 9-30-13-0.5. The abstract comprises the original copy
of the traffic information and summons or complaint and summons if
the conviction, judgment, or forfeiture of security deposit has been
entered on that copy. However, instead of the original copy, the court
may, subject to the approval of the bureau, send the information in an
electronic format or in the form of a chemical based, magnetic, or
machine readable media. Records of nonmoving traffic offenses are not
required to be forwarded to the bureau.
(d) One (1) year after the abstract has been forwarded, the court may
destroy the remaining court copies of the information and summons or
complaint and summons and related pleadings if an order book entry
of the copy has been made and the original copy has been sent to the
bureau. of motor vehicles.
(e) Upon the failure of a court officer to comply with subsection (c),
the officer is liable on the officer's official bond for a civil penalty of
one hundred dollars ($100) accruing to the state, which may be
recovered, together with the costs of the suit, in a civil action brought
by the attorney general in the name of the state on relation of the
attorney general. Each failure by an officer constitutes a separate cause
of action.
SECTION 326. IC 9-30-3-12, AS AMENDED BY P.L.106-2010,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 12. (a) If during any twelve (12) month period a
person has committed moving traffic violations for which the person
has:
(1) been convicted of at least two (2) traffic misdemeanors;
(2) had at least two (2) traffic judgments entered against the
person; or
(3) been convicted of at least one (1) traffic misdemeanor and has
had at least one (1) traffic judgment entered against the person;
the bureau may require the person to attend and satisfactorily complete
a defensive driving school program approved by the bureau. The
person shall pay all applicable fees required by the bureau.
(b) This subsection applies to an individual who holds a
probationary license under IC 9-24-11-3 or IC 9-24-11-3.3 or is less
than eighteen (18) years of age. An individual is required to attend and
satisfactorily complete a defensive driving school program approved
by the bureau if either of the following occurs at least twice or if both
of the following have occurred when the individual was less than
eighteen (18) years of age:
(1) The individual has been convicted of a moving traffic offense
(as defined in section 14(a) of this chapter), other than an offense
that solely involves motor vehicle equipment.
(2) The individual has been the operator of a motor vehicle
involved in an accident for which a report is required to be filed
under IC 9-26-2.
The individual shall pay all applicable fees required by the bureau.
(c) The bureau may suspend the driving license privileges of any
person who:
(1) fails to attend a defensive driving school program; or
(2) fails to satisfactorily complete a defensive driving school
program;
as required by this section.
(d) Notwithstanding IC 33-37-4-2, any court may suspend one-half
(1/2) of each applicable court cost (including fees) for which a person
is liable due to a traffic violation if the person enrolls in and completes
a defensive driving school or a similar school conducted by an agency
of the state or local government.
SECTION 327. IC 9-30-3-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 15. In a proceeding,
prosecution, or hearing where the prosecuting attorney must prove that
the defendant had a prior conviction for an offense under this title, the
relevant portions of a certified computer printout or electronic copy as
set forth in IC 9-14-3-4 made from the records of the bureau are
admissible as prima facie evidence of the prior conviction. However,
the prosecuting attorney must establish that the document identifies the
defendant by the defendant's driving driver's license number or by any
other identification method utilized by the bureau.
SECTION 328. IC 9-30-3-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 16. (a) If a person has
been found to have committed a traffic offense, the court may do the
following:
(1) Require the person to attend and satisfactorily complete a
driver improvement course that has been approved by the court
and the bureau or by the bureau.
(2) Place the person on probation for up to one (1) year.
(3) Suspend the person's driver's license driving privileges for up
to thirty (30) days.
(b) A driver improvement course required under subsection (a) may
be financed by assessing a reasonable charge as determined by the
course provider and approved by the bureau.
SECTION 329. IC 9-30-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) A person
aggrieved by an order or act of the bureau under section 1 or 2 of this
chapter may, within fifteen (15) days after notice is given, file a
petition in the circuit or superior court of the county in which the
person resides. If the person is a nonresident, the person may file a
petition for review in the Marion County circuit court.
(b) The petitioner must state facts showing how the order or act of
the bureau is wrongful or unlawful, but the filing of a petition does not
suspend the order or act unless a stay is allowed by a judge of the court
pending final determination of the review on a showing of reasonable
probability that the order or act is wrongful or unlawful.
(c) The court shall, within six (6) months of the date of the filing of
the petition, hear the petition, take testimony, and examine the facts of
the case. The court may, in disposing of the issues, modify, affirm, or
reverse the order or act of the bureau in whole or in part and shall make
an appropriate order. If the petition has not been heard within six (6)
months from the date of the filing, the original order or act of the
bureau shall be reinstated in full force and effect.
SECTION 330. IC 9-30-4-6, AS AMENDED BY P.L.100-2010,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6. (a) Whenever the bureau suspends or revokes
the current driver's license upon receiving a record of the conviction of
a person for any offense under the motor vehicle laws not enumerated
under subsection (b), the bureau may also suspend any of the
certificates of registration and license plates issued for any motor
vehicle registered in the name of the person so convicted. However, the
bureau may not suspend the evidence of registration, unless otherwise
required by law, if the person has given or gives and maintains during
the three (3) years following the date of suspension or revocation proof
of financial responsibility in the future in the manner specified in this
section.
(b) The bureau shall suspend or revoke without notice or hearing the
current driver's license and all certificates of registration and license
plates issued or registered in the name of a person who is convicted of
any of the following:
(1) Manslaughter or reckless homicide resulting from the
operation of a motor vehicle.
(2) Perjury or knowingly making a false affidavit to the
department under this chapter or any other law requiring the
registration of motor vehicles or regulating motor vehicle
operation upon the highways.
(3) A felony under Indiana motor vehicle laws or felony in the
commission of which a motor vehicle is used.
(4) Three (3) charges of criminal recklessness involving the use
of a motor vehicle within the preceding twelve (12) months.
(5) Failure to stop and give information or assistance or failure to
stop and disclose the person's identity at the scene of an accident
that has resulted in death, personal injury, or property damage in
excess of two hundred dollars ($200).
(6) Possession, distribution, manufacture, cultivation, transfer,
use, or sale of a controlled substance or counterfeit substance, or
attempting or conspiring to possess, distribute, manufacture,
cultivate, transfer, use, or sell a controlled substance or
counterfeit substance.
(c) The license of a person shall also be suspended upon conviction
in another jurisdiction for any offense described in subsections (b)(1),
(b)(2), (b)(3), (b)(4), and (b)(5), except if property damage is less than
two hundred dollars ($200), the bureau may determine whether the
driver's license and certificates of registration and license plates shall
be suspended or revoked. The license of a person shall also be
suspended upon conviction in another jurisdiction for any offense
described in subsection (b)(6).
(d) A suspension or revocation remains in effect and a new or
renewal license may not be issued to the person and a motor vehicle
may not be registered in the name of the person as follows:
(1) Except as provided in subdivisions (2), (3), (4), and (5), and
subject to section 6.5 of this chapter, for six (6) months from the
date of conviction or on the date on which the person is otherwise
eligible for a license, whichever is later. Except as provided in
IC 35-48-4-15, this includes a person convicted of a crime for
which the person's license is suspended or revoked under
subsection (b)(6).
(2) Subject to section 6.5 of this chapter, upon conviction of an
offense described in subsection (b)(1), for a fixed period of not
less than two (2) years and not more than five (5) years, to be
fixed by the bureau based upon recommendation of the court
entering a conviction. A new or reinstated license may not be
issued to the person unless that person, within the three (3) years
following the expiration of the suspension or revocation, gives
and maintains in force at all times during the effective period of
a new or reinstated license proof of financial responsibility in the
future in the manner specified in this chapter. However, the
liability of the insurance carrier under a motor vehicle liability
policy that is furnished for proof of financial responsibility in the
future as set out in this chapter becomes absolute whenever loss
or damage covered by the policy occurs, and the satisfaction by
the insured of a final judgment for loss or damage is not a
condition precedent to the right or obligation of the carrier to
make payment on account of loss or damage, but the insurance
carrier has the right to settle a claim covered by the policy. If the
settlement is made in good faith, the amount shall be deductive
from the limits of liability specified in the policy. A policy may
not be canceled or annulled with respect to a loss or damage by an
agreement between the carrier and the insured after the insured
has become responsible for the loss or damage, and a cancellation
or annulment is void. The policy may provide that the insured or
any other person covered by the policy shall reimburse the
insurance carrier for payment made on account of any loss or
damage claim or suit involving a breach of the terms, provisions,
or conditions of the policy. If the policy provides for limits in
excess of the limits specified in this chapter, the insurance carrier
may plead against any plaintiff, with respect to the amount of the
excess limits of liability, any defenses that the carrier may be
entitled to plead against the insured. The policy may further
provide for prorating of the insurance with other applicable valid
and collectible insurance. An action does not lie against the
insurance carrier by or on behalf of any claimant under the policy
until a final judgment has been obtained after actual trial by or on
behalf of any claimant under the policy.
(3) Subject to section 6.5 of this chapter, for the period ordered by
a court under IC 35-48-4-15.
(4) Subject to section 6.5 of this chapter, if the person is convicted
of a felony involving the use of a motor vehicle under
IC 35-44-3-3(b) and the person:
(A) exceeded the speed limit by at least twenty (20) miles per
hour;
(B) committed criminal recklessness with a vehicle
(IC 35-42-2-2)); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b));
while committing the felony, for one (1) year after the date the
person was convicted. The convicted person has the burden of
applying for a new or renewal license and establishing that the
one (1) year period described in this subdivision and subject to
section 6.5 of this chapter has elapsed.
(5) Subject to section 6.5 of this chapter, if the person is convicted
of a felony involving the use of a motor vehicle under
IC 35-44-3-3(b), the person:
(A) exceeded the speed limit by at least twenty (20) miles per
hour;
(B) committed criminal recklessness with a vehicle
(IC 35-42-2-2); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b);
while committing the felony, and the person has a prior unrelated
conviction for a felony under IC 35-44-3-3(b), for two (2) years
after the date the person was convicted. The convicted person has
the burden of applying for a new or renewal license and
establishing that the two (2) year period described in this
subdivision and subject to section 6.5 of this chapter has elapsed.
(e) The bureau may take action as required in this section upon
receiving satisfactory evidence of a conviction of a person in another
state.
(f) For the purpose of this chapter, "conviction" includes any of the
following:
(1) A conviction upon a plea of guilty.
(2) A determination of guilt by a jury or court, even if:
(A) no sentence is imposed; or
(B) a sentence is suspended.
(3) A forfeiture of bail, bond, or collateral deposited to secure the
defendant's appearance for trial, unless the forfeiture is vacated.
(4) A payment of money as a penalty or as costs in accordance
with an agreement between a moving traffic violator and a traffic
violations bureau.
(g) A suspension or revocation under this section or under
IC 9-25-6-8 IC 9-30-13-0.5 stands pending appeal of the conviction to
a higher court and may be set aside or modified only upon the receipt
by the bureau of the certificate of the court reversing or modifying the
judgment that the cause has been reversed or modified. However, if the
suspension or revocation follows a conviction in a court of no record
in Indiana, the suspension or revocation is stayed pending appeal of the
conviction to a court of record.
(h) A person aggrieved by an order or act of the bureau under this
section or IC 9-25-6-8 IC 9-30-13-0.5 may file a petition for a court
review.
SECTION 331. IC 9-30-4-6.5, AS ADDED BY P.L.100-2010,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6.5. If a person receives a sentence that includes:
(1) a term of incarceration; and
(2) a license suspension of the person's driving privileges under
this chapter;
the license suspension of driving privileges begins on the date the
person is released from incarceration and not on the date the person is
convicted.
SECTION 332. IC 9-30-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) A person whose
certificate of registration has been suspended or revoked, with
restoration or the issuance of a new certificate being contingent upon
the furnishing of proof of financial responsibility, and who, during the
suspension or revocation or in the absence of full authorization from
the bureau, operates the motor vehicle upon a highway or knowingly
permits the motor vehicle to be operated by another person upon a
highway except as permitted under this chapter commits a Class C
misdemeanor.
(b) A person with a restricted license issued by the bureau driving
privileges who operates a motor vehicle upon a highway in violation
of the terms and conditions specified on for the restricted license
driving privileges commits a Class C misdemeanor.
SECTION 333. IC 9-30-4-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. (a) Upon the filing
of a complaint in writing with the bureau against a person holding a
current driver's license or permit or applying for a current driver's
license, permit, or a renewal, the bureau may cite the person for a
hearing to consider the suspension or revocation of the person's
license, permit, or driving privileges upon any of the following
charges:
(1) That the person has committed an offense for the conviction
of which mandatory revocation of license is provided.
(2) That the person has, by reckless or unlawful operation of a
motor vehicle, caused or contributed to an accident resulting in
death or injury to any other person or property damage.
(3) That the person is incompetent to drive a motor vehicle or is
afflicted with mental or physical infirmities or disabilities
rendering it unsafe for the person to drive a motor vehicle.
(4) That the person is a reckless or negligent driver of a motor
vehicle or has committed a violation of a motor vehicle law.
(b) Whenever the bureau issues a citation upon a complaint in
writing for any of the reasons set out in this section, the bureau shall
immediately notify the licensee or permit holder of the time and place
of the hearing. and afford the person an opportunity of a hearing in the
county in which the person so cited and against whom the complaint is
filed resides before the bureau or a deputy or an agent of the bureau
designated for the purpose of the hearing. The citation must state the
time, date, and place where the hearing will be held and that the
licensee or permit holder has the right to appear and to be heard. At the
hearing the bureau or the deputy or agent may issue an order of
suspension or revocation of, or decline to suspend or revoke, or issue
the license, or permit, or driving privileges of the person.
(c) The bureau or the deputy or agent may suspend or revoke the
current driver's license, permit, or driving privileges of a person and
any of the certificates of registration and license plates for a motor
vehicle or require the person cited to operate for a period of one (1)
year under a restricted license driving privileges and make the reports
the bureau requires.
(d) The bureau or the deputy or agent may subpoena witnesses,
administer oaths, and take testimony. The failure of the defendant to
appear at the time and place of the hearing after notice as provided in
this section does not prevent the hearing, the taking of testimony, and
the determination of the matter.
(e) Testimony or a record of suspension or revocation of a current
driver's license, a permit, or driving privileges in the custody of the
bureau following a hearing is not admissible as evidence:
(1) in any court in any action at law for negligence; or
(2) in any civil action brought against a person so cited by the
bureau under this chapter.
(f) The bureau may suspend or revoke the license, permit, or
driving privileges of an Indiana resident for a period of not more than
one (1) year upon receiving notice of the conviction of the person in
another state of an offense that, if committed in Indiana, would be
grounds for the suspension or revocation of the license, permit, or
driving privileges. The bureau may, upon receiving a record of the
conviction in Indiana of a nonresident driver of a motor vehicle of an
offense under Indiana motor vehicle laws, forward a certified copy of
the record to the motor vehicle administrator in the state where the
person convicted is a resident.
(g) The bureau may not suspend a current driver's license, a permit,
or driving privileges for more than one (1) year and upon suspending
or revoking any license or permit shall require that the license or
permit be surrendered to the bureau.
(h) A suspension or revocation under this section stands pending
any proceeding for review of an action of the bureau taken under this
section.
(i) In addition to any other power, the bureau may modify, amend,
or cancel any order or determination during the time within which a
judicial review could be had. A person aggrieved by the order or act
may have a judicial review under sections 10 and 11 of this chapter.
SECTION 334. IC 9-30-4-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 13. (a) Whenever the
bureau is authorized or required to give notice under this chapter or any
other law regulating the operation of vehicles, unless a different
method of giving notice is otherwise expressly prescribed, the notice
may be given either by personal delivery to the person to be notified or
by deposit with the United States Postal Service of the notice by first
class mail.
(b) A person who, after notification, fails to return or surrender to
the bureau upon demand a suspended, revoked, or canceled current
invalidated driver's license, or permit, certificate of registration, or
license plate commits a Class C misdemeanor. The bureau may file an
affidavit with the prosecuting attorney of the county in which the
person resides an affidavit charging the person with the offense.
SECTION 335. IC 9-30-5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) A person who
causes serious bodily injury to another person when operating a motor
vehicle:
(1) with an alcohol concentration equivalent to at least
eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
(2) with a controlled substance listed in schedule I or II of
IC 35-48-2 or its metabolite in the person's body; or
(3) while intoxicated;
commits a Class D felony. However, the offense is a Class C felony if
the person has a previous conviction of operating while intoxicated
within the five (5) years preceding the commission of the offense.
(b) A person who violates subsection (a) commits a separate offense
for each person whose serious bodily injury is caused by the violation
of subsection (a).
(c) It is a defense under subsection (a)(2) that the accused person
consumed the controlled substance under 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.
SECTION 336. IC 9-30-5-5, AS AMENDED BY P.L.102-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. (a) A person who causes the death of another
person when operating a motor vehicle:
(1) with an alcohol concentration equivalent to at least
eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
(2) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood; or
(3) while intoxicated;
commits a Class C felony. However, the offense is a Class B felony if the person has a previous conviction of operating while intoxicated within the five (5) years preceding the commission of the offense, or if the person operated the
(b) A person at least twenty-one (21) years of age who causes the death of another person when operating a
(1) with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath; or
(2) 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 B felony.
(c) A person who causes the death of a law enforcement animal (as defined in IC 35-46-3-4.5) when operating a
(1) with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath; or
(2) 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 D felony.
(d) A person who violates subsection (a), (b), or (c) commits a separate offense for each person or law enforcement animal whose death is caused by the violation of subsection (a), (b), or (c).
(e) It is a defense under subsection (a)(2), (b)(2), or (c)(2) that the accused person consumed the controlled substance under 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.
SECTION 337. IC 9-30-5-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) A person who operates a vehicle in violation of any term of a probationary license issued under this chapter, IC 9-30-6, or IC 9-30-9 commits a Class C infraction.
(b) In addition to any other penalty imposed under this section, the court may suspend the person's driving privileges for a period of not
more than one (1) year.
(c) The bureau shall send notice of a judgment entered under this
section to the court that granted the defendant probationary driving
privileges.
SECTION 338. IC 9-30-5-9.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9.5. After June 30,
2005, Probationary driving privileges under this chapter do not apply
to a person who holds a commercial driver's license in accordance with
the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA)
(Public Law 106-159.113 Stat. 1748).
SECTION 339. IC 9-30-5-10, AS AMENDED BY SEA 154-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 10. (a) In addition to a criminal penalty imposed
for an offense under this chapter, IC 35-46-9, or IC 14-15-8 (before its
repeal), the court shall, after reviewing the person's bureau driving
record and other relevant evidence, recommend the suspension of the
person's driving privileges for the fixed period of time specified under
this section. The court may require that a period of suspension
recommended under this section be imposed, if applicable, before a
period of incarceration or after a period of incarceration, or both before
and after a period of incarceration, as long as the suspension otherwise
complies with the periods established in this section.
(b) If the court finds that the person:
(1) does not have a previous conviction of operating a vehicle or
a motorboat while intoxicated; or
(2) has a previous conviction of operating a vehicle or a
motorboat while intoxicated that occurred at least ten (10) years
before the conviction under consideration by the court;
the court shall recommend the suspension of the person's driving
privileges for at least ninety (90) days but not more than two (2) years.
(c) If the court finds that the person has a previous conviction of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred more than five (5) years but less than ten (10)
years before the conviction under consideration by the court, the court
shall recommend the suspension of the person's driving privileges for
at least one hundred eighty (180) days but not more than two (2) years.
The court may stay the execution of that part of the suspension that
exceeds the minimum period of suspension and grant the person
probationary driving privileges for a period of time equal to the length
of the stay.
(d) If the court finds that the person has a previous conviction of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred less than five (5) years before the conviction under
consideration by the court, the court shall recommend the suspension
of the person's driving privileges for at least one (1) year but not more
than two (2) years. The court may stay the execution of that part of the
suspension that exceeds the minimum period of suspension and grant
the person probationary driving privileges for a period of time equal to
the length of the stay. If the court grants probationary driving privileges
under this subsection, the court shall order that the probationary driving
privileges include the requirement that the person may not operate a
motor vehicle unless the motor vehicle is equipped with a functioning
certified ignition interlock device under IC 9-30-8. However, the court
may grant probationary driving privileges under this subsection without
requiring the installation of an ignition interlock device if the person is
successfully participating in a court supervised alcohol treatment
program in which the person is taking disulfiram or a similar substance
that the court determines is effective in treating alcohol abuse. The
person granted probationary driving privileges under this subsection
shall pay all costs associated with the installation of an ignition
interlock device unless the sentencing court determines that the person
is indigent.
(e) If the conviction under consideration by the court is for an
offense under:
(1) section 4 of this chapter;
(2) section 5 of this chapter;
(3) IC 14-15-8-8(b) (before its repeal);
(4) IC 14-15-8-8(c) (before its repeal);
(5) IC 35-46-9-6(b); or
(6) IC 35-46-9-6(c);
the court shall recommend the suspension of the person's driving
privileges for at least two (2) years but not more than five (5) years.
(f) If the conviction under consideration by the court is for an
offense involving the use of a controlled substance listed in schedule
I, II, III, IV, or V of IC 35-48-2, in which a vehicle was used in the
offense, the court shall recommend the suspension or revocation of the
person's driving privileges for at least six (6) months.
(g) The bureau shall fix the period of suspension in accordance
with the recommendation of the court under this section and in
accordance with IC 9-30-6-9. If the court fails to recommend a
fixed period of suspension, the bureau shall impose the minimum
period of suspension required under this section.
SECTION 340. IC 9-30-5-11, AS AMENDED BY P.L.153-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 11. (a) If a court grants a person probationary
driving privileges under section 12 of this chapter, the person may
operate a vehicle only as follows:
(1) To and from the person's place of employment.
(2) For specific purposes in exceptional circumstances.
(3) To and from a court-ordered treatment program.
(b) If the court grants the person probationary driving privileges
under section 12(a) of this chapter, that part of the court's order
granting probationary driving privileges does not take effect until the
person's driving privileges have been suspended for at least thirty (30)
days under IC 9-30-6-9.
(c) The court shall notify a person who is granted probationary
driving privileges of the following:
(1) That the probationary driving period commences when the
bureau issues the probationary license. driving privileges.
(2) That the bureau may not issue a probationary license driving
privileges until the bureau receives a reinstatement fee from the
person, if applicable, and the person otherwise qualifies for a
license. valid driving privileges.
SECTION 341. IC 9-30-5-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 13. (a) An order for
probationary driving privileges granted under this chapter must include
the following:
(1) A requirement that the person may not violate a traffic law.
(2) A restriction of a person's driving privileges providing for
automatic execution of the suspension of driving privileges if an
order is issued under subsection (b).
(3) A written finding by the court that the court has reviewed the
person's driving record and other relevant evidence and found that
the person qualifies for a probationary license driving privileges
under this chapter.
(4) Other reasonable terms of probation.
(b) If the court finds that the person has violated the terms of the
order granting probationary driving privileges, the court shall order
execution of that part of the sentence concerning the suspension of the
person's driving privileges.
SECTION 342. IC 9-30-5-18 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 18. (a) If:
(1) a criminal proceeding for driving while intoxicated under
IC 9-30-5 is deferred under IC 12-23-5-1 through
IC 12-23-5-9; or
(2) a child alleged to be a delinquent child based upon the
child's violation of IC 9-30-5 voluntarily attends or is ordered
by the court under IC 31-37 to attend an alcohol and drug
services program;
the court, within ten (10) days after the defendant or child begins
the program, shall forward to the bureau a certified abstract of
program enrollment.
(b) The abstract must state the following:
(1) The defendant's or child's name, address, date of birth,
and driver's license number.
(2) The name and location of the alcohol and drug services
program that the defendant or child is attending.
SECTION 343. IC 9-30-6-4.3, AS AMENDED BY P.L.1-2007,
SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4.3. (a) This section applies only to a person
whose motor vehicle has been seized under IC 34-24-1-1(15).
(b) If the bureau receives an order from a court recommending that
the bureau not register a motor vehicle in the name of a person whose
motor vehicle has been seized under IC 34-24-1-1(15), the bureau may
not register a motor vehicle in the name of the person whose motor
vehicle has been seized until the person proves that the person
possesses a current driving driver's license with valid driving
privileges.
SECTION 344. IC 9-30-6-8, AS AMENDED BY SEA 154-2012,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 8. (a) Whenever a judicial officer has determined
that there was probable cause to believe that a person has violated
IC 9-30-5, IC 35-46-9, or IC 14-15-8 (before its repeal), the clerk of the
court shall forward:
(1) a copy of the affidavit; and
(2) a bureau certificate as described in section 16 of this chapter;
to the bureau.
(b) The probable cause affidavit required under section 7(b)(2) of
this chapter must do the following:
(1) Set forth the grounds for the arresting officer's belief that there
was probable cause that the arrested person was operating a
vehicle in violation of IC 9-30-5 or a motorboat in violation of
IC 35-46-9 or IC 14-15-8 (before its repeal).
(2) State that the person was arrested for a violation of IC 9-30-5
or operating a motorboat in violation of IC 35-46-9 or IC 14-15-8
(before its repeal).
(3) State whether the person:
(A) refused to submit to a chemical test when offered; or
(B) submitted to a chemical test that resulted in prima facie evidence that the person was intoxicated.
(4) Be sworn to by the arresting officer.
(c) Except as provided in subsection (d), if it is determined under subsection (a) that there was probable cause to believe that a person has violated IC 9-30-5, IC 35-46-9, or IC 14-15-8 (before its repeal), at the initial hearing of the matter held under IC 35-33-7-1
(d) If it is determined under subsection (a) that there is probable cause to believe that a person violated IC 9-30-5, the court may, as an alternative to
SECTION 345. IC 9-30-6-9, AS AMENDED BY P.L.94-2006, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. (a) This section does not apply if an ignition interlock device order is issued under section 8(d) of this chapter.
(b) If the affidavit under section 8(b) of this chapter states that a person refused to submit to a chemical test, the bureau shall suspend the driving privileges of the person:
(1) for:
(A) one (1) year; or
(B) if the person has at least one (1) previous conviction for operating while intoxicated, two (2) years; or
(2) until the suspension is ordered terminated under IC 9-30-5.
(c) If the affidavit under section 8(b) of this chapter states that a chemical test resulted in prima facie evidence that a person was intoxicated, the bureau shall suspend the driving privileges of the person:
(1) for one hundred eighty (180) days; or
(2) until the bureau is notified by a court that the charges have been disposed of;
whichever occurs first.
(d) Whenever the bureau is required to suspend a person's driving privileges under this section, the bureau shall immediately do the following:
(1) Mail a notice to the person's last known address that must state that the person's driving privileges will be suspended for a specified period, commencing:
(A) five (5) days after the date of the notice; or
(B) on the date the court enters an order recommending suspension of the person's driving privileges under section 8(c) of this chapter;
whichever occurs first.
(2) Notify the person of the right to a judicial review under section 10 of this chapter.
(e) Notwithstanding IC 4-21.5, an action that the bureau is required to take under this article is not subject to any administrative adjudication under IC 4-21.5.
(f) If a person is granted probationary driving privileges under IC 9-30-5 and the bureau has not received the probable cause affidavit described in section 8(b) of this chapter, the bureau shall suspend the person's driving privileges for a period of thirty (30) days. After the thirty (30) day period has elapsed, the bureau shall, upon receiving a reinstatement fee, if applicable, from the person who was granted probationary driving privileges, issue the person probationary
(g) If the bureau receives an order granting probationary driving privileges to a person who, according to the records of the bureau, has a prior conviction for operating while intoxicated, the bureau shall do the following:
(1) Issue the person
(2) Send a certified copy of the person's driving record to the prosecuting attorney.
The prosecuting attorney shall, in accordance with IC 35-38-1-15, petition the court to correct the court's order. If the bureau does not receive a corrected order within sixty (60) days, the bureau shall notify the attorney general, who shall, in accordance with IC 35-38-1-15,
petition the court to correct the court's order.
SECTION 346. IC 9-30-6-12, AS AMENDED BY P.L.109-2011,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 12. (a) If a court recommends suspension of the
driving privileges under this chapter, IC 9-30-5, or IC 9-30-9,
(1) the bureau shall comply fix the period of suspension in
accordance with the recommendation of suspension, and the
driving privileges of the person remain suspended for the period
set by the court. and
(2) the person shall surrender to If the court all licenses, permits,
or receipts issued to the person, and the court shall immediately
forward the licenses, permits, or receipts to fails to recommend
a fixed period of suspension, the bureau with shall impose the
abstract minimum period of conviction or judgment. suspension
required by statute.
(b) Except as provided in subsection (c), during the three (3) years
following the termination of the suspension the person's driving
privileges remain suspended until the person provides proof of future
financial responsibility in force under IC 9-25.
(c) If a court recommends suspension of a person's driving
privileges for a conviction under IC 9-30-5, during the three (3) years
following the termination of the suspension the person's driving
privileges remain suspended until the person provides proof of future
financial responsibility in force under IC 9-25. However, if a court
recommends suspension of the driving privileges of a person who is
arrested for or charged with an offense committed under IC 9-30-5, the
person is not required to provide proof of future financial responsibility
under IC 9-25 unless the person is convicted under IC 9-30-5.
(d) If at any time during the three (3) years following the
termination of the suspension imposed under subsection (a) a person
who has provided proof of future financial responsibility under IC 9-25
fails to maintain the proof, the bureau shall suspend the person's
driving privileges until the person again provides proof of future
financial responsibility under IC 9-25.
(e) An agency action under this section is not subject to IC 4-21.5.
SECTION 347. IC 9-30-6-13, AS AMENDED BY P.L.42-2011,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 13. If a court orders the bureau to rescind an
ignition interlock device requirement or reinstate a person's driving
privileges under this article, the bureau shall comply with the order.
Unless the order for reinstatement is issued under section 11(a)(2) of
this chapter, the bureau shall also do the following:
(1) Remove any record of the ignition interlock device requirement or suspension from the
(2) Reinstate the privileges without cost to the person.
SECTION 348. IC 9-30-10-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. As used in this chapter, "license" includes any type of license or permit
SECTION 349. IC 9-30-10-4, AS AMENDED BY P.L.28-2010, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) A person who has accumulated at least two (2) judgments within a ten (10) year period for any of the following violations, singularly or in combination, and not arising out of the same incident,
(1) Reckless homicide resulting from the operation of a motor vehicle.
(2) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle.
(3) Failure of the driver of a motor vehicle involved in an accident resulting in death or injury to any person to stop at the scene of the accident and give the required information and assistance.
(4) Operation of a vehicle while intoxicated resulting in death.
(5) Before July 1, 1997, operation of a vehicle with at least ten-hundredths percent (0.10%) alcohol in the blood resulting in death.
(6) After June 30, 1997, and before July 1, 2001, operation of a vehicle with an alcohol concentration equivalent to at least ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(7) After June 30, 2001, operation of a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(b) A person who has accumulated at least three (3) judgments within a ten (10) year period for any of the following violations, singularly or in combination, and not arising out of the same incident,
and with at least one (1) violation occurring after March 31, 1984, is a
habitual violator:
(1) Operation of a vehicle while intoxicated.
(2) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood.
(3) After June 30, 1997, and before July 1, 2001, operation of a
vehicle with an alcohol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(4) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram
of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(5) Operating a motor vehicle while the person's license to do so
has been suspended or revoked as a result of the person's
conviction of an offense under IC 9-1-4-52 (repealed July 1,
1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-2, or
IC 9-24-19-3. or IC 9-24-19-5.
(6) Operating a motor vehicle without ever having obtained a
license to do so.
(7) Reckless driving.
(8) Criminal recklessness involving the operation of a motor
vehicle.
(9) Drag racing or engaging in a speed contest in violation of law.
(10) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46
(repealed July 1, 1991), IC 9-26-1-1(1), IC 9-26-1-1(2),
IC 9-26-1-1(4), IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, or
IC 9-26-1-4.
(11) Any felony under an Indiana motor vehicle statute or any
felony in the commission of which a motor vehicle is used.
A judgment for a violation enumerated in subsection (a) shall be added
to the violations described in this subsection for the purposes of this
subsection.
(c) A person who has accumulated at least ten (10) judgments
within a ten (10) year period for any traffic violation, except a parking
or an equipment violation, of the type required to be reported to the
bureau, singularly or in combination, and not arising out of the same
incident, and with at least one (1) violation occurring after March 31,
1984, is a habitual violator. However, at least one (1) of the judgments
must be for a violation enumerated in subsection (a) or (b). A judgment
for a violation enumerated in subsection (a) or (b) shall be added to the
judgments described in this subsection for the purposes of this
subsection.
(d) For purposes of this section, a judgment includes a judgment in
any other jurisdiction in which the elements of the offense for which
the conviction was entered are substantially similar to the elements of
the offenses described in subsections (a) and (b).
(e) For purposes of this section, the offense date is used when
determining the number of judgments accumulated within a ten
(10) year period.
SECTION 350. IC 9-30-10-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) A person who has
received a notice under section 5 of this chapter may notify the bureau,
in writing, on forms provided by the bureau, that the bureau's records
contain a material error with respect to the person's driving record. If
a person so notifies the bureau, the bureau shall, within thirty (30) days
after the date the notice was received by the bureau, determine whether
a material error was made with respect to the person's driving record.
(b) If the bureau determines that a material error was made with
respect to the person's driving record, the bureau shall:
(1) prevent the suspension of; or
(2) reinstate;
the person's driving privileges.
(c) The bureau shall notify the prosecuting attorney of the county
where the record originated that the bureau has determined that a
material error exists. The prosecuting attorney is entitled to respond to
the bureau's determination.
(d) An action taken or a determination made by the bureau under
this chapter is not subject to IC 4-21.5. However, the person may file
a petition for judicial review under this chapter.
SECTION 351. IC 9-30-10-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) If a person files
a petition for judicial review under section 6 of this chapter, the court
shall promptly hold a hearing. The petition must be filed and the
hearing must be held in accordance with section 7 of this chapter.
(b) If the court finds that the petitioner is not a habitual violator, the
court shall order the bureau to reinstate the driving privileges of the
person.
(c) If the court finds that the petitioner is a habitual violator, the
person's driving privileges remain suspended, unless the court places
the person on probation under section 9 of this chapter.
(d) The findings of the court under this section constitute a final
judgment from which either party may appeal. An appeal does not
act as a stay of the findings and orders of the court.
SECTION 352. IC 9-30-10-9, AS AMENDED BY P.L.109-2011,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 9. (a) After June 30, 2005, This section 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).
(b) If a court finds that a person:
(1) is a habitual violator under section 4(c) of this chapter;
(2) has not been previously placed on probation under this section
by a court;
(3) operates a vehicle for commercial or business purposes, and
the person's mileage for commercial or business purposes:
(A) is substantially in excess of the mileage of an average
driver; and
(B) may have been a factor that contributed to the person's
poor driving record; and
(4) does not have:
(A) a judgment for a violation enumerated in section 4(a) of
this chapter; or
(B) at least three (3) judgments (singularly or in combination
and not arising out of the same incident) of the violations
enumerated in section 4(b) of this chapter;
the court may place the person on probation in accordance with
subsection (d).
(c) If a court finds that a person:
(1) is a habitual violator under section 4(b) of this chapter;
(2) has not been previously placed on probation under this section
by a court;
(3) does not have a judgment for any violation listed in section
4(a) of this chapter;
(4) has had the person's driving privileges suspended under this
chapter for at least five (5) consecutive years; and
(5) has not violated the terms of the person's suspension by
operating a vehicle;
the court may place the person on probation in accordance with
subsection (d). However, if the person has any judgments for operation
of a vehicle before July 1, 2001, while intoxicated or with an alcohol
concentration equivalent to at least ten-hundredths (0.10) gram of
alcohol per one hundred (100) milliliters of the blood or two hundred
ten (210) liters of the breath, or for the operation of a vehicle after June
30, 2001, while intoxicated or with an alcohol concentration equivalent
to at least eight-hundredths (0.08) gram of alcohol per one hundred
(100) milliliters of the blood or two hundred ten (210) liters of the
breath, the court, before the court places a person on probation under
subsection (d), must find that the person has successfully fulfilled the
requirements of a rehabilitation program certified by one (1) or both of
the following:
(A) the division of mental health and addiction or
(B) the Indiana judicial center.
(d) Whenever a court places a habitual violator on probation, the
court:
(1) shall record each of the court's findings under this section in
writing;
(2) shall obtain the person's driver's license or permit and send the
license or permit to the bureau;
(3) shall direct the person to apply to the bureau for a restricted
driver's license;
(4) shall order the bureau to issue the person an appropriate
license;
(5) (2) shall place order the bureau to issue the person on
probation probationary driving privileges for a fixed period of
not less than three (3) years and not more than ten (10) years;
(6) (3) shall attach restrictions to the person's driving privileges,
including restrictions limiting the person's driving to:
(A) commercial or business purposes or other employment
related driving;
(B) specific purposes in exceptional circumstances;
(C) rehabilitation programs; and
(D) specified hours during which the person may drive;
(7) (4) shall require the person to submit to reasonable monitoring
requirements;
(8) (5) shall order the person to file proof of future financial
responsibility for three (3) years following the date of being
placed on probation; and
(9) (6) shall impose other appropriate conditions of probation,
which must include one (1) or more of the following conditions
if the person was determined to be a habitual violator under
IC 9-30-10-4(b)(1) through IC 9-30-10-4(b)(4): and at least one
(1) of the offenses occurred within five (5) years prior to the
granting of the probationary or restricted license:
(A) An order prohibiting the person from operating a motor
vehicle or motorized bicycle with an alcohol concentration
equivalent to at least two-hundredths (0.02) gram of alcohol
per:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while under the influence of any other intoxicating
substance.
(B) An order that the person submit to a method to monitor the
person's compliance with the prohibition against operating a
motor vehicle or motorized bicycle with an alcohol
concentration equivalent to at least two-hundredths (0.02)
gram of alcohol per:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86).
(C) The court shall determine the appropriate monitoring
method, which may include one (1) or more of the following:
(i) The person may operate only a motor vehicle equipped
with an ignition interlock device.
(ii) The person must submit to a chemical test if a law
enforcement officer lawfully stops the person while
operating a motor vehicle or motorized bicycle and the law
enforcement officer requests that the person submit to a
chemical test.
(iii) The person must wear a device that detects and records
the person's use of alcohol.
(iv) The person must submit to any other reasonable
monitoring requirement as determined by the court.
(e) If a court finds that a person:
(1) is a habitual violator under section 4(b) or 4(c) of this chapter;
(2) does not have any judgments for violations under section 4(a)
of this chapter;
(3) does not have any judgments or convictions for violations
under section 4(b) of this chapter, except for judgments or
convictions under section 4(b)(5) of this chapter that resulted
from driving on a suspended license that was suspended for:
(A) the commission of infractions only; or
(B) previously driving on a suspended license;
(4) has not been previously placed on probation under this section
by a court; and
(5) has had the person's driving privileges suspended under this chapter for at least three (3) consecutive years and has not violated the terms of the person's suspension by operating a vehicle for at least three (3) consecutive years;
the court may place the person on probation under the conditions described in subsection
(f) If the bureau receives an order granting probationary driving privileges to a person who, according to the records of the bureau, does not qualify under this chapter, the bureau shall do the following:
(1) Issue the person probationary driving privileges and notify the prosecuting attorney of the county from which the order was received that the person is not eligible for the rescission and reinstatement.
(2) Send a certified copy of the person's driving record to the prosecuting attorney.
The prosecuting attorney shall, in accordance with IC 35-38-1-15, petition the court to correct the court's order. If the bureau does not receive a corrected order within sixty (60) days, the bureau shall notify the attorney general, who shall, in accordance with IC 35-38-1-15, petition the court to correct the court's order.
SECTION 353. IC 9-30-10-10 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 354. IC 9-30-10-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. (a) Upon the filing of a petition for revocation of probation, the court shall do the following:
(1) Set a date for a hearing upon the petition that is not earlier than twenty (20) days nor later than forty-five (45) days from the date of the filing of the petition for review.
(2) Hold a hearing on the date set, unless the proceeding is continued by order of the court.
(3) Cause notice of the hearing date to be sent to all parties.
(b) At the hearing, the prosecuting attorney must bear the burden of proof by a preponderance of the evidence to prevail.
(c) If the court finds that the person has violated any terms of the probation, the court shall do the following:
(1) Record each of its findings in writing.
(2) Obtain the person's driver's license.
(3) Order the bureau to suspend the person's driving privileges for
a period equal to the period of suspension originally imposed
under section 5 of this chapter.
(4) Not place the person on probation under section 9 of this
chapter.
(d) If the court finds that the person has not violated any of the
terms of the person's probation, the court shall do the following:
(1) Record each of the court's findings in writing.
(2) Continue the person on probation for the remainder of the
probationary period.
(e) The court's findings under subsection (c) or (d) constitute a final
judgment from which either party may appeal. An appeal does not act
as a stay of the court's findings and orders.
SECTION 355. IC 9-30-10-13, AS AMENDED BY P.L.109-2011,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 13. (a) The bureau may issue a license to operate
a motor vehicle issue driving privileges to a habitual violator whose
driving privileges were suspended under section 5(b) of this chapter if
the following conditions exist:
(1) The time specified for the person's probation or the restriction
or suspension of the person's license has elapsed.
(2) The person has met all the requirements of all applicable
statutes and rules relating to the licensing of motor vehicle
operators.
(3) The person files with the bureau and maintains, for three (3)
years after filing termination of suspension, proof of future
financial responsibility in accordance with IC 9-25.
(4) If the person has a prior conviction for operating while
intoxicated, the bureau places a restriction on the person's
driver's license and driving record that indicates the person is
prohibited from operating a motor vehicle or motorized bicycle
with an alcohol concentration equivalent to at least
two-hundredths (0.02) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86) for three (3)
years after the bureau issues the driver's license to the person.
(5) The person signs a bureau form by which the person agrees
that as a condition to obtaining the driver's license the person will
submit to a chemical test at any time during the period three (3)
years after the bureau issues the driver's license to the person if a
law enforcement officer lawfully stops the person while operating
a motor vehicle or motorized bicycle and the law enforcement
officer requests that the person submit to a chemical test.
(b) The bureau may issue a license to operate a motor vehicle to a
habitual violator whose driving privileges have been suspended for life
if the following conditions exist:
(1) The bureau has received an order for rescission of suspension
and reinstatement issued under section 15 of this chapter.
(2) The person to whom the license is to be issued has never been
convicted of a violation described in section 4(a) or 17 of this
chapter.
(3) The person has not been convicted of an offense under section
16 of this chapter more than one (1) time.
(4) The person has met all the requirements of all applicable
statutes and rules relating to the licensing of motor vehicle
operators.
(5) The person:
(A) files with the bureau; and
(B) maintains for three (3) years after filing; rescission of the
suspension;
proof of future financial responsibility in accordance with
IC 9-25.
(6) If the person has a prior conviction for operating while
intoxicated, the bureau places a restriction on the person's
driver's license and driving record that indicates the person is
prohibited from operating a motor vehicle or motorized bicycle
with an alcohol concentration equivalent to at least
two-hundredths (0.02) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86) for three (3)
years after the bureau issues the driver's license to the person.
(7) The person signs a bureau form by which the person agrees
that as a condition to obtaining the driver's license the person will
submit to a chemical test at any time during the period three (3)
years after the bureau issues the driver's license to the person if a
law enforcement officer lawfully stops the person while operating
a motor vehicle or motorized bicycle and the law enforcement
officer requests that the person submit to a chemical test.
(c) A habitual violator is not eligible for relief under the hardship
provisions of IC 9-24-15.
(d) The bureau shall not issue driving privileges to a person who
does not satisfy all of the requirements set forth in subsections (a)
and (b).
SECTION 356. IC 9-30-10-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 14. (a) Except as provided in subsection (e), a person whose driving privileges have been suspended for life may petition a court in a civil action for a rescission of the suspension order and reinstatement of driving privileges if the following conditions exist:
(1) Ten (10) years have elapsed since the date on which an order for the lifetime suspension of the person's driving privileges was issued.
(2) The person has never been convicted of a violation described in section 4(a) of this chapter.
(3) The person has never been convicted of an offense under section 17 of this chapter.
(4) The person has not been convicted of an offense under section 16 of this chapter more than one (1) time.
(b) A petition for rescission and reinstatement under this section must meet the following conditions:
(1) Be verified by the petitioner.
(2) State the petitioner's age, date of birth, and place of residence.
(3) Describe the circumstances leading up to the lifetime suspension of the petitioner's driving privileges.
(4) Aver a substantial change in the petitioner's circumstances of the following:
(A) That indicates the petitioner would no longer pose a risk to the safety of others if the petitioner's driving privileges are reinstated.
(B) That makes the lifetime suspension of the petitioner's driving privileges unreasonable.
(C) Indicates it is in the best interests of society for the petitioner's driving privileges to be reinstated.
(5) Aver that the requisite amount of time has elapsed since the date on which the order for the lifetime suspension of the person's driving privileges was issued as required under subsections (a) and (e).
(c) The petitioner shall serve the prosecuting attorney of the county where the petitioner resides and the bureau with a copy of the petition described in subsection (b). A responsive pleading is not required.
(d) The prosecuting attorney of the county where the petitioner resides shall represent the state in the matter.
(e) A person whose driving privileges have been suspended for life may petition a court in a civil action for a rescission of the suspension order and reinstatement of driving privileges if all of the following conditions exist:
(1) Three (3) years have elapsed since the date on which the order for lifetime suspension of the petitioner's driving privileges was issued.
(2) The petitioner's lifetime suspension was the result of driving on a suspended license that was suspended for commission of infractions only or for driving on a suspended license.
(3) The petitioner has never been convicted of a violation described in section 4(a) or 4(b) of this chapter, with the exception of a
(4) The petitioner has never been convicted of an offense under section 17 of this chapter.
(5) The petitioner has not been convicted of an offense under section 16 of this chapter more than one (1) time.
SECTION 357. IC 9-30-10-15, AS AMENDED BY P.L.28-2010, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 15. (a) Upon receiving a petition filed under section 14 of this chapter, a court shall set a date for hearing the matter and direct the clerk of the court to provide notice of the hearing date to the following:
(1) The petitioner.
(2) The prosecuting attorney of the county where the petitioner resides.
(3) The bureau.
(b) A court may order the rescission of the order that required the suspension of the petitioner's driving privileges for life and may order the bureau to reinstate the driving privileges of a petitioner whose driving privileges have been suspended for life if, after the hearing of the matter, the court makes the following written findings and conclusions, based on clear and convincing evidence:
(1) That the petitioner has never been convicted of a violation described in section 4(a) of this chapter.
(2) That the petitioner has never been convicted of an offense under section 17 of this chapter.
(3) That the petitioner has not been convicted of an offense under section 16 of this chapter more than one (1) time.
(4) If the person is petitioning the court under section 14(a) of this chapter that ten (10) years have elapsed since the date on which an order was issued that required the suspension of the petitioner's driving privileges for life.
(5) That there has been a substantial change in the petitioner's circumstances indicating the petitioner would no longer pose a risk to the safety of others if the petitioner's driving privileges were reinstated.
(6) That there has been a substantial change in the petitioner's circumstances indicating that the suspension of the petitioner's driving privileges for life has become unreasonable.
(7) That it is in the best interests of society for the petitioner's driving privileges to be reinstated.
(8) If the person is petitioning the court under section 14(e) of this chapter:
(A) that three (3) years have elapsed since the date the order was issued that required the suspension of the petitioner's driving privileges for life; and
(B) that the conditions listed under section 14(e) of this chapter are satisfied.
(c) The petitioner has the burden of proof under this section and an order issued under subsection (b) is a final order, appealable by any party to the action.
(d) In an order for reinstatement of driving privileges issued under this section, the court may require the bureau to issue
(1)
(2)
(A) Specified hours during which the person may drive.
(B) An order prohibiting the person from operating a motor vehicle or motorized bicycle with an alcohol concentration equivalent to at least two-hundredths (0.02) gram of alcohol per:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86).
(C) An order that the person submit to a method to monitor the person's compliance with the prohibition against operating a motor vehicle or motorized bicycle with an alcohol concentration equivalent to at least two-hundredths (0.02) gram of alcohol per:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86).
(D) The court shall determine the appropriate monitoring method, which may include one (1) or more of the following:
(i) The person may operate only a motor vehicle equipped with an ignition interlock device.
(ii) The person must submit to a chemical test if a law enforcement officer lawfully stops the person while operating a motor vehicle or motorized bicycle and the law enforcement officer requests that the person submit to a chemical test.
(iii) The person must wear a device that detects and records the person's use of alcohol.
(iv) The person must submit to any other reasonable monitoring requirement as determined by the court.
(e) If a court orders the bureau to issue
(1) fulfillment by the petitioner of the conditions specified by the court; and
(2) the expiration of the restricted
the bureau shall issue
(f) If the bureau receives an order granting a rescission of the
suspension order and reinstatement of driving privileges to a
person who, according to the records of the bureau, does not
qualify under this chapter, the bureau shall do the following:
(1) Issue the person probationary driving privileges and notify
the prosecuting attorney of the county from which the order
was received that the person is not eligible for the rescission
and reinstatement.
(2) Send a certified copy of the person's driving record to the
prosecuting attorney.
The prosecuting attorney shall, in accordance with IC 35-38-1-15,
petition the court to correct the court's order. If the bureau does
not receive a corrected order within sixty (60) days, the bureau
shall notify the attorney general, who shall, in accordance with
IC 35-38-1-15, petition the court to correct the court's order.
SECTION 358. IC 9-30-10-17.5, AS ADDED BY P.L.28-2010,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 17.5. A person who operates a vehicle or
motorized bicycle in violation of conditions of a restricted license
driving privileges ordered by a court under IC 9-30-10-9(d)(9) section
9(d)(6) or IC 9-30-10-15(d)(2) 15(d)(2) of this chapter commits a
Class A misdemeanor.
SECTION 359. IC 9-30-11-6, AS AMENDED BY P.L.153-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6. The bureau shall reinstate motor vehicle
registration that is suspended under this chapter if the following occur:
(1) Any person The court presents the bureau or a bureau license
branch with adequate proof that all unpaid judgments with respect
to the motor vehicle have been paid.
(2) A reinstatement fee under IC 9-29 is paid to the bureau, if
applicable.
SECTION 360. IC 9-30-11-7 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 7. If the bureau suspends a motor vehicle registration
under section 5 of this chapter, the bureau shall send a notice of the
suspension to the clerk who sent the referral. Upon receipt of a notice,
a clerk shall inform each of the law enforcement agencies that are listed
on the referral of the following:
(1) That the motor vehicle's registration has been suspended.
(2) That any law enforcement agency may remove the license
plate of the motor vehicle fifteen (15) days after the motor
vehicle's registration was suspended unless the judgments have
been paid.
SECTION 361. IC 9-30-12-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) The bureau may
suspend or revoke the driver's license or permit driving privileges of
an individual who pays the fee required for makes payment to the
driver's license or permit bureau with a check funds that:
(1) is are not honored. by the financial institution on which the
check is drawn; or
(2) has had payment stopped by the maker of the check.
(b) In addition to the penalties in subsection (a), the bureau may
do the following:
(1) Revoke the driver's license or permit of an individual who
makes payment to the bureau for a driver's license or permit
with funds that are not honored.
(2) Invalidate the title or registration of an individual who
makes payment to the bureau for a driver's license or permit
with funds that are not honored.
SECTION 362. IC 9-30-12-2, AS AMENDED BY P.L.153-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. The bureau may:
(1) reinstate a license, or a permit, or driving privileges revoked
or suspended under section 1 of this chapter; or
(2) revalidate a title or registration that has been invalidated under
section 3 1 of this chapter;
if the obligation has been satisfied, including the payment of service,
collection, and reinstatement fees, if applicable.
SECTION 363. IC 9-30-12-3 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 3. The bureau may invalidate a title or registration that
has been issued by the bureau and the applicable fees have been paid
with a check that:
(1) is not honored by the financial institution on which the check
is drawn; or
(2) has had payment stopped by the maker of the check.
SECTION 364. IC 9-30-12-4 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 4. The bureau may suspend or revoke the driver's license
or permit of an individual who pays the fee required for a vehicle title
or registration with a check that:
(1) is not honored by the financial institution on which the check
is drawn; or
(2) has had payment stopped by the maker of the check.
SECTION 365. IC 9-30-13-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 0.5. (a) A court shall forward to
the bureau a certified abstract of the record of the conviction of a
person in the court for a violation of a law relating to motor
vehicles.
(b) If in the opinion of the court a defendant should be deprived
of the privilege to operate a motor vehicle upon a public highway,
the court shall recommend the suspension of the convicted person's
driving privileges for a fixed period established by the court not
exceeding one (1) year.
(c) The bureau shall comply with the court's recommendation.
(d) At the time of a conviction referred to in subsection (a) or
under IC 9-30-5-7, the court may obtain and destroy the
defendant's current driver's license.
(e) An abstract required by this section must be in the form
prescribed by the bureau and, when certified, shall be accepted by
an administrative agency or a court as prima facie evidence of the
conviction and all other action stated in the abstract.
SECTION 366. IC 9-30-13-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. For a person who
uses a motor vehicle to commit recklessness under IC 35-42-2-2, the
judge of the court in which the person is convicted shall recommend
that the current driver's license driving privileges of the person be
suspended for not less than sixty (60) days and not more than two (2)
years. If the court fails to recommend a fixed term of suspension,
the bureau shall impose the minimum period of suspension
required under this section.
SECTION 367. IC 9-30-13-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. For a person who
uses a motor vehicle to commit obstruction of traffic under
IC 35-42-2-4, the judge of the court in which the person is convicted
may recommend that the current driver's license driving privileges of
the person be suspended for not less than sixty (60) days and not more
than two (2) years.
SECTION 368. IC 9-30-13-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. For a person who
uses a motor vehicle to commit criminal mischief under IC 35-43-1-2,
the judge of the court in which the person is convicted may recommend
that the current driver's license driving privileges of the person be
suspended for not less than sixty (60) days and not more than two (2)
years.
SECTION 369. IC 9-30-13-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) If a person
commits any of the following offenses, the court that convicted the
person shall recommend the suspension of the person's driving
privileges for a fixed period of at least two (2) years and not more than
five (5) years:
(1) Involuntary manslaughter resulting from the operation of a
motor vehicle (IC 35-42-1-4).
(2) Reckless homicide resulting from the operation of a motor
vehicle (IC 35-42-1-5).
(b) If the court fails to recommend a fixed term of suspension,
the bureau shall impose the minimum period of suspension
required under this section.
SECTION 370. IC 9-30-13-5 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 5. If a court fails to recommend a fixed term of
suspension for an offense described under section 4 of this chapter, the
bureau shall suspend the driver's license of the convicted person under
IC 9-30-4-6 for two (2) years.
SECTION 371. IC 9-30-13-6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 6. (a) The bureau shall, upon
receiving an order of a court issued under IC 31-14-12-4 or
IC 31-16-12-7, suspend the driving privileges of the person who is
the subject of the order.
(b) The bureau may not reinstate driving privileges suspended
under this section until the bureau receives an order allowing
reinstatement from the court that issued the order for suspension.
(c) Upon receiving an order for suspension under subsection (a),
the bureau shall promptly mail a notice to the last known address
of the person who is the subject of the order, stating the following:
(1) That the person's driving privileges are suspended,
beginning five (5) business days after the date the notice is
mailed, and that the suspension will terminate ten (10)
business days after the bureau receives an order allowing
reinstatement from the court that issued the suspension order.
(2) That the person has the right to petition for reinstatement
of driving privileges to the court that issued the order for
suspension.
(3) That the person may be granted restricted driving
privileges under IC 9-24-15-6.7 if the person otherwise
qualifies and can prove that public transportation is
unavailable for travel by the person:
(A) to and from the person's regular place of employment;
(B) in the course of the person's regular employment;
(C) to and from the person's place of worship; or
(D) to participate in parenting time with the petitioner's
children consistent with a court order granting parenting
time.
(d) A person who operates a motor vehicle in violation of this
section commits a Class A infraction, unless:
(1) the person's driving privileges are suspended under this
section; and
(2) the person has been granted restricted driving privileges
under IC 9-24-15 as a result of the suspension under this
section.
SECTION 372. IC 9-30-13-7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 7. (a) If the bureau is advised by
the Title IV-D agency that the obligor (as defined in IC 31-25-4-4)
either requested a hearing under IC 31-25-4-33 and failed to
appear or appeared and was found to be delinquent, the bureau
shall promptly mail a notice to the obligor stating the following:
(1) That the obligor's driving privileges are suspended,
beginning eighteen (18) business days after the date the notice
is mailed, and that the suspension will terminate after the
bureau receives a notice from the Title IV-D agency that the
obligor has:
(A) paid the obligor's child support arrearage in full; or
(B) established a payment plan with the Title IV-D agency
to pay the arrearage, which includes an income
withholding order under IC 31-16-15-0.5 or
IC 31-16-15-2.5.
(2) That the obligor may be granted restricted driving
privileges under IC 9-24-15-6.7 if the obligor can prove that
public transportation is unavailable for travel by the obligor:
(A) to and from the obligor's regular place of employment;
(B) in the course of the obligor's regular employment;
(C) to and from the obligor's place of worship; or
(D) to participate in parenting time with the petitioner's
children consistent with a court order granting parenting
time.
(b) The bureau may not reinstate driving privileges suspended
under this section until the bureau receives a notice from the Title
IV-D agency that the obligor has:
(1) paid the obligor's child support arrearage in full; or
(2) established a payment plan with the Title IV-D agency to
pay the arrearage, which includes an income withholding
order under IC 31-16-15-0.5 or IC 31-16-15-2.5.
(c) An obligor who operates a motor vehicle in violation of this
section commits a Class A infraction, unless:
(1) the obligor's driving privileges are suspended under this
section; and
(2) the obligor has been granted restricted driving privileges
under IC 9-24-15 as a result of the suspension under this
section.
SECTION 373. IC 9-30-13-8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 8. (a) Upon receiving an order
issued by a court under IC 35-43-4-8(b) concerning a person
convicted of fuel theft, the bureau shall do the following:
(1) Suspend under subsection (b) the driving privileges of the
person who is the subject of the order, whether or not the
person's current driver's license accompanies the order.
(2) Mail to the last known address of the person who is the
subject of the order a notice:
(A) stating that the person's driving privileges are being
suspended for fuel theft;
(B) setting forth the date on which the suspension takes
effect and the date on which the suspension terminates;
and
(C) stating that the person may be granted restricted
driving privileges under IC 9-24-15-6.7 if the person meets
the conditions for obtaining restricted driving privileges.
(b) The suspension of the driving privileges of a person who is
the subject of an order issued under IC 35-43-4-8(b):
(1) begins five (5) business days after the date on which the
bureau mails the notice to the person under subsection (a)(2);
and
(2) terminates thirty (30) days after the suspension begins.
(c) A person who operates a motor vehicle during a suspension
of the person's driving privileges under this section commits a
Class A infraction unless the person's operation of the motor
vehicle is authorized by restricted driving privileges granted to the
person under IC 9-24-15-6.7.
SECTION 374. IC 9-30-14-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. As used in this
chapter, "covered offense" means the following:
(1) An offense:
(A) for which the offender's current driving license privileges
may be suspended under IC 9-30-13; and
(B) that involved the obstruction of traffic with or the operation of a motor vehicle with alcohol or a controlled substance listed in schedule I or II under IC 35-48-2 in the person's blood.
(2) An offense described under IC 9-30-5 that involved operation of a
SECTION 375. IC 9-31-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. The bureau shall receive payments of:
(1) the
(2) any other taxes applicable to watercraft as imposed by Indiana law.
SECTION 376. IC 9-31-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. The bureau may utilize the services and facilities of license branches to carry out the bureau's responsibilities under this article. However, an additional charge may not be imposed for the services of license branches under this
SECTION 377. IC 9-31-1-7 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 378. IC 9-31-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. This chapter does not apply to the following:
(1) A watercraft from a jurisdiction other than Indiana
(2) A ship's lifeboat.
(3) Watercraft other than motorboats unless the owner voluntarily desires to become subject to this chapter.
(4) A watercraft that is a Class 5 or lower motorboat or sailboat under
(5) A watercraft that is propelled by an internal combustion, steam, or electrical inboard or outboard motor or engine or by any
mechanical means, including sailboats that are equipped with
such a motor or engine when the sailboat is in operation whether
or not the sails are hoisted, if:
(A) the watercraft was made by an individual for the use of the
individual and not for resale; and
(B) the owner does not voluntarily desire to become subject to
this chapter.
SECTION 379. IC 9-31-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) A manufacturer,
importer, dealer, or other person may not sell or otherwise dispose of
a new watercraft to a dealer, to be used by the dealer for purposes of
display and resale, without delivering to the dealer a manufacturer's or
importer's certificate executed under this section and with those
assignments on the certificate as are necessary to show title in the
purchaser of the watercraft. A dealer may not purchase or acquire a
new watercraft without obtaining from the seller of the watercraft the
manufacturer's or importer's certificate.
(b) A manufacturer's or importer's certificate of the origin of a
watercraft must contain the following information along with the any
additional information the bureau requires:
(1) A description of the watercraft, including, if applicable, the
make, year, length, dry weight, series or model, horsepower
rating, hull type, and hull identification number.
(2) Certification of the date of transfer of the watercraft to a
distributor, dealer, or other transferee and the name and address
of the transferee.
(3) Certification that this is the first transfer of the new watercraft
in ordinary trade and commerce.
(4) The signature and address of a representative of the transferor.
(c) An assignment of a manufacturer's or importer's certificate shall
be printed on the reverse side of the manufacturer's or importer's
certificate. The assignment form must include the following:
(1) The name and address of the transferee.
(2) A certification that the watercraft is new.
(3) A warranty that the title at the time of delivery is subject only
to the liens and encumbrances that are set forth and described in
full in the assignment.
SECTION 380. IC 9-31-2-6, AS AMENDED BY P.L.83-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6. (a) Except as provided in subsection (b), an
application for a certificate of title shall be filed with the bureau within
thirty-one (31) days after the date of purchase or transfer. The
application must be accompanied by the fee prescribed in IC 9-29-15-1.
(b) This subsection applies only to a watercraft acquired by a
conveyance subject to section 30 of this chapter. An application for a
certificate of title shall be filed with the bureau within sixty (60) days
after the date of the transfer under section 30 of this chapter. The
application must be accompanied by the fee prescribed in IC 9-29-15-1
and any other applicable fees and service charges.
SECTION 381. IC 9-31-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. An application for
a certificate of title must be certified by the owner or purchaser of the
watercraft and must contain the following information, along with the
additional information the bureau requires:
(1) The name and address of the applicant.
(2) A statement of how the watercraft was acquired.
(3) (2) The name and address of the previous owner.
(4) (3) A statement of liens, mortgages, or other encumbrances on
the watercraft and the name and address of the holder of the liens,
mortgages, or other encumbrances.
(5) (4) If a lien, mortgage, or other encumbrance is not
outstanding, a statement of that fact.
(6) (5) A description of the watercraft, including, if applicable,
the make, year, length, dry weight, series or model, horsepower
rating, hull type, and hull identification number.
(6) Any other information that the bureau requires.
SECTION 382. IC 9-31-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. If a watercraft
contains a permanent hull identification number placed on the
watercraft by the manufacturer of the watercraft, the number shall be
used as the hull identification number. If there is no manufacturer's hull
identification number or if the manufacturer's hull identification
number has been removed or obliterated, the bureau shall, upon a
prescribed application that includes information indicating proof of
ownership, assign a hull identification number to the watercraft. The
assigned hull identification number shall be permanently affixed to or
imprinted by the applicant at the place and in the manner designated by
the bureau upon the watercraft to which the hull identification number
is assigned. The fee prescribed under IC 9-29-15-2 and any other
applicable fees and service charges shall be paid to the bureau for
assigning a hull identification number.
SECTION 383. IC 9-31-2-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. If a certificate of title
was not previously issued in Indiana for the watercraft, the application
must be accompanied by one (1) of the following:
(1) A manufacturer's or importer's certificate.
(2) A sworn statement of ownership as prescribed by the bureau.
(3) (2) A certificate of registration issued under IC 9-31-3, if
purchased by the applicant before January 1, 1986.
(4) (3) A certificate of title or bill of sale.
(5) (4) Other evidence of ownership required by the law of
another state from which the watercraft is brought into Indiana.
SECTION 384. IC 9-31-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11. (a) The bureau
shall:
(1) retain the evidence of title presented by an applicant on a
person upon which a the Indiana certificate of title is issued in
accordance with applicable document and record retention
requirements; and shall
(2) use reasonable diligence in ascertaining whether the facts in
the application are true by checking the application and
documents accompanying the application with the records of
watercraft in the bureau.
(b) An authorized employee of the bureau may inspect a
watercraft to determine whether a certificate of title should be
issued.
(c) The bureau may reject an application if the bureau is not
satisfied:
(1) of the genuineness, regularity, or legality of the application
or the truth of a statement made on the application; or
(2) for any other reason authorized by law.
SECTION 385. IC 9-31-2-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. (a) The bureau shall
file each application received. If the bureau is satisfied:
(1) of the genuineness and regularity of an application;
(2) that no tax imposed by IC 6-2.5 Indiana law is owed as
evidenced by the receipt for payment or determination of
exemption from the department of state revenue; and
(3) that the applicant is entitled to the issuance of a certificate of
title;
the bureau shall issue a certificate of title containing the information
required in the application for a certificate of title, as prescribed by
section 7 of this chapter, as well as space for the notation and
cancellation of a lien, a mortgage, or an encumbrance.
(b) A form for the assignment of the certificate of title must appear
on the reverse side of the certificate of title. The assignment form must
include a warranty that the signer is the owner of the watercraft and
that a mortgage, a lien, or an encumbrance is not on the watercraft
except as noted on the face of the certificate of title.
SECTION 386. IC 9-31-2-13 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 13. The bureau shall do the following:
(1) Prescribe a uniform method of numbering certificates of title.
(2) Maintain in the office of the bureau indexes for the certificates
of title.
SECTION 387. IC 9-31-2-14 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 14. The bureau may destroy a certificate of title or
supporting evidence of a certificate of title covering a watercraft that
was on file for ten (10) years after the date of filing.
SECTION 388. IC 9-31-2-16, AS AMENDED BY P.L.83-2008,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 16. (a) If the transfer of ownership of a watercraft
is by operation of law (such as upon inheritance, devise, bequest,
transfer on death designation in accordance with section 30 of this
chapter, order in bankruptcy, insolvency, replevin, or execution of sale,
or under an order of court), if a watercraft is sold to satisfy a storage
or repair charge, or if repossession is had upon default in performance
of the terms of a security agreement, the bureau shall issue to the
applicant a certificate of title to the watercraft upon: the following:
(1) Compliance with any of the following:
(A) The surrender of the prior certificate of title.
(B) The surrender of the manufacturer's or importer's
certificate.
(C) Both of the following:
(i) The surrender of a certificate of title designating a
transfer on death beneficiary.
(ii) The submission of proof of the death of the transferor.
(D) the presentation of satisfactory proof to the bureau of
ownership and a right of possession to of the watercraft;
(2) payment of the fee prescribed under IC 9-29-15-1 and any
other applicable fees and service charges; and
(3) presentation of an application for certificate of title.
(b) A certification by the person or agent of the person to whom
possession of the watercraft passed setting forth the facts entitling the
person to possession and ownership, together with a copy of the journal
entry, court order, or instrument upon which the claim of possession
and ownership is founded, is satisfactory proof of ownership and right
of possession.
(c) (b) If an applicant cannot produce proof of ownership, the
applicant may apply to the bureau and submit evidence of ownership.
If the bureau finds the evidence sufficient, the bureau may issue a
certificate of title. If, from the records of the department, bureau, a lien
appears to be on the watercraft, the certificate of title must contain a
statement of the lien, unless the application is accompanied by proper
evidence of the extinction satisfaction of the lien.
SECTION 389. IC 9-31-2-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 19. (a) If a watercraft
is dismantled, destroyed, or changed in a manner that the watercraft
loses the character of a watercraft or changed in a manner that the
watercraft is not the watercraft described in the certificate of title, an
owner of the watercraft and a person mentioned as owner in the last
certificate of title shall surrender the certificate of title to the bureau.
The bureau shall, with upon notification to the consent of a holder of
a lien noted on the certificate of title, enter a cancellation upon the
lienholder's records.
(b) Upon the cancellation of a certificate of title in the manner
prescribed by subsection (a), the bureau may cancel and destroy the
certificates of title.
SECTION 390. IC 9-31-2-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 20. (a) If a certificate
of title is lost or mutilated or becomes illegible, the owner of the
watercraft shall apply to the bureau for a duplicate certificate of title
upon a form prescribed by the bureau and accompanied by the fee
prescribed by IC 9-29-15-1 and any other applicable fees and service
charges. The person making the application shall certify the
application for the duplicate certificate of title. Upon receipt of the
application, the bureau shall issue a duplicate certificate of title to the
person entitled to receive the certificate of title under this chapter.
Upon the issuance of a duplicate certificate of title, the previously
issued certificate of title becomes void.
(b) Each duplicate certificate of title must contain shall have the
legend "This is a duplicate certificate.". word "duplicate" printed or
stamped on the certificate of title. The duplicate certificate of title
shall be delivered to the person entitled to possession of the certificate
of title.
(c) If an original certificate of title is recovered by the owner, the
owner shall immediately surrender the original certificate of title to the
bureau for cancellation.
SECTION 391. IC 9-31-2-21 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 21. (a) The bureau may provide a commercial lookup
service of watercraft title records on a fee basis per transaction and use
fee revenues received from the service for necessary expenses.
(b) The bureau shall furnish information on a title without charge to
law enforcement and conservation officers when engaged in official
duties.
SECTION 392. IC 9-31-2-22 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 22. Manufacturers and importers shall appoint and
authorize agents to sign manufacturer's or importer's certificates. The
bureau may require that a certified copy of a list containing the names
and the facsimile signatures of authorized agents be furnished to the
bureau.
SECTION 393. IC 9-31-2-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 23. (a) Upon receiving
knowledge of a stolen watercraft, a law enforcement agency shall
immediately furnish the sheriff's department of the county from which
the watercraft was stolen, the department of natural resources, law
enforcement division, and the bureau with full information concerning
the theft.
(b) The bureau shall file the record in the numerical order of the
manufacturer's hull identification number or assigned hull
identification number with the index records of the watercraft. The
bureau shall prepare a list of watercraft stolen and recovered as
disclosed by the reports submitted to the bureau. The bureau shall
distribute the lists as the bureau considers advisable.
(c) (b) If a stolen or converted watercraft is recovered, the owner or
recovering agency shall immediately notify the law enforcement
agency that received the initial theft report. The law enforcement
agency shall immediately notify the bureau, the department of natural
resources, the sheriff of the county from which the watercraft was
stolen, and other law enforcement agencies in the county. The bureau
shall remove the record of the theft or conversion from the file in which
the report is recorded.
SECTION 394. IC 9-31-2-25 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 25. The bureau shall use due diligence in examining and
determining the genuineness, regularity, and legality of every
application for a certificate of title for a watercraft and may do the
following:
(1) Make the investigations that are determined necessary or
require additional information. An authorized employee of the
bureau may inspect a watercraft to determine whether a certificate
of title should be issued.
(2) Reject an application:
(A) if not satisfied of:
SECTION 395. IC 9-31-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. Except as provided in sections 5 and 7 of this chapter, and in addition to section 4 of this chapter, a person may not operate or give permission for the operation of a motorboat on the waters of Indiana unless the motorboat is:
(1) registered and numbered under this chapter;
(2) in accordance with applicable federal law;
(3) legally registered in another state; or
(4) a boat for which any applicable taxes have been paid under IC 6-6-11.
SECTION 396. IC 9-31-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. Except as provided in sections 5 and 7 of this chapter, and in addition to section 3 of this chapter, a motorboat may only be operated on the waters of Indiana if the following conditions are met:
(1) The registration number awarded to the motorboat is in full force and effect.
(2) The identifying number set forth in the certificate of registration is displayed on each side of the bow of the motorboat. However, a motorboat that has a valid marine document issued by the United States Bureau of Customs is not required to display the registration number.
(3) The decals indicating the year and month of expiration of registration and class of boat are attached to the motorboat as provided under IC 6-6-11.
SECTION 397. IC 9-31-3-15 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 398. IC 9-31-3-17 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 399. IC 10-11-2-26, AS AMENDED BY P.L.26-2010, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 26. (a) The superintendent may assign qualified persons who are not state police officers to supervise or operate permanent or portable weigh stations. A person assigned under this section may stop, inspect, and issue citations to operators of trucks and trailers having a declared gross weight of at least ten thousand one (10,001) pounds and buses at a permanent or portable weigh station or while operating a clearly marked Indiana state police vehicle for violations of the following:
(1) IC 6-1.1-7-10.
(2) IC 6-6-1.1-1202.
(3) IC 6-6-2.5.
(4) IC 6-6-4.1-12.
(5) IC 8-2.1.
(6) IC 9-18.
(7) IC 9-19.
(8) IC 9-20.
(9) IC 9-21-7-2 through IC 9-21-7-11.
(10) IC 9-21-8-41 pertaining to the duty to obey an official traffic control device for a weigh station.
(11) IC 9-21-8-45 through IC 9-21-8-48.
(12) IC 9-21-9.
(13) IC 9-21-15.
(14) IC 9-21-21.
(15) IC 9-24-1-1 through
(16) IC 9-24-1-7.
(17) Except as provided in subsection (c), IC 9-24-1-6, IC 9-24-6-16, IC 9-24-6-17, and IC 9-24-6-18, commercial driver's license.
(18) IC 9-24-4.
(19) IC 9-24-5.
(20) IC 9-24-11-4.
(21) IC 9-24-13-3.
(22) IC 9-24-18-1 through IC 9-24-18-2.
(23) IC 9-25-4-3.
(24) IC 9-28-4.
(25) IC 9-28-5.
(26) IC 9-28-6.
(27) IC 9-29-5-11 through IC 9-29-5-13.
(28) IC 9-29-5-42.
(29) IC 9-29-6-1.
(30) IC 10-14-8.
(31) IC 13-17-5-1, IC 13-17-5-2, IC 13-17-5-3, or IC 13-17-5-4.
(32) IC 13-30-2-1.
(b) For the purpose of enforcing this section, a person assigned under this section may detain a person in the same manner as a law enforcement officer under IC 34-28-5-3.
(c) A person assigned under this section may not enforce IC 9-24-6-14 or IC 9-24-6-15.
SECTION 400. IC 11-12-3.7-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. As used in this chapter, "violent offense" means one (1) or more of the following offenses:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Battery (IC 35-42-2-1) as a Class A felony, Class B felony, or Class C felony.
(8) Kidnapping (IC 35-42-3-2).
(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8 that is a Class A felony, Class B felony, or Class C felony.
(10) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A felony or Class B felony.
(11) Incest (IC 35-46-1-3).
(12) Robbery as a Class A felony or a Class B felony (IC 35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony (IC 35-43-2-1).
(14) Carjacking (IC 35-42-5-2).
(15) Assisting a criminal as a Class C felony (IC 35-44-3-2).
(16) Escape (IC 35-44-3-5) as a Class B felony or Class C felony.
(17) Trafficking with an inmate as a Class C felony (IC 35-44-3-9).
(18) Causing death when operating a
(19) Criminal confinement (IC 35-42-3-3) as a Class B felony.
(20) Arson (IC 35-43-1-1) as a Class A or Class B felony.
(21) Possession, use, or manufacture of a weapon of mass
destruction (IC 35-47-12-1).
(22) Terroristic mischief (IC 35-47-12-3) as a Class B felony.
(23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
(24) A violation of IC 35-47.5 (Controlled explosives) as a Class
A or Class B felony.
(25) A crime under the laws of another jurisdiction, including a
military court, that is substantially similar to any of the offenses
listed in this subdivision.
(26) Any other crimes evidencing a propensity or history of
violence.
SECTION 401. IC 14-15-11-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. As used in this
chapter, "Indiana driver's license" means:
(1) an operator's license;
(2) a chauffeur's license; or
(3) a public passenger chauffeur's license;
that is issued to an individual by the bureau of motor vehicles under
IC 9-24-3. IC 9-24.
SECTION 402. IC 20-33-8-33, AS ADDED BY P.L.231-2005,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 33. Before February 1 and before October 1 of
each year, except when a hearing has been requested to determine
financial hardship under IC 9-24-2-1(a)(4), a principal shall submit to
the bureau of motor vehicles the pertinent information concerning an
individual's ineligibility under IC 9-24-2-1 to be issued a driver's
license or learner's permit, or concerning the invalidation suspension
of a license or permit driving privileges under IC 9-24-2-4.
SECTION 403. IC 27-7-5-2, AS AMENDED BY P.L.116-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. (a) Except as provided in subsections (d) and
(f), the insurer shall make available, in each automobile liability or
motor vehicle liability policy of insurance which is delivered or issued
for delivery in this state with respect to any motor vehicle registered or
principally garaged in this state, insuring against loss resulting from
liability imposed by law for bodily injury or death suffered by any
person and for injury to or destruction of property to others arising from
the ownership, maintenance, or use of a motor vehicle, or in a
supplement to such a policy, the following types of coverage:
(1) in limits for bodily injury or death and for injury to or
destruction of property not less than those set forth in IC 9-25-4-5
under policy provisions approved by the commissioner of
insurance, for the protection of persons insured under the policy
who are legally entitled to recover damages from owners or
operators of uninsured or underinsured motor vehicles because of
bodily injury, sickness or disease, including death, and for the
protection of persons insured under the policy who are legally
entitled to recover damages from owners or operators of
uninsured motor vehicles for injury to or destruction of property
resulting therefrom; or
(2) in limits for bodily injury or death not less than those set forth
in IC 9-25-4-5 under policy provisions approved by the
commissioner of insurance, for the protection of persons insured
under the policy provisions who are legally entitled to recover
damages from owners or operators of uninsured or underinsured
motor vehicles because of bodily injury, sickness or disease,
including death resulting therefrom.
The uninsured and underinsured motorist coverages must be provided
by insurers for either a single premium or for separate premiums, in
limits at least equal to the limits of liability specified in the bodily
injury liability provisions of an insured's policy, unless such coverages
have been rejected in writing by the insured. However, underinsured
motorist coverage must be made available in limits of not less than fifty
thousand dollars ($50,000). At the insurer's option, the bodily injury
liability provisions of the insured's policy may be required to be equal
to the insured's underinsured motorist coverage. Insurers may not sell
or provide underinsured motorist coverage in an amount less than fifty
thousand dollars ($50,000). Insurers must make underinsured motorist
coverage available to all existing policyholders on the date of the first
renewal of existing policies that occurs on or after January 1, 1995, and
on any policies newly issued or delivered on or after January 1, 1995.
Uninsured motorist coverage or underinsured motorist coverage may
be offered by an insurer in an amount exceeding the limits of liability
specified in the bodily injury and property damage liability provisions
of the insured's policy.
(b) A named insured of an automobile or motor vehicle liability
policy has the right, in writing, to:
(1) reject both the uninsured motorist coverage and the
underinsured motorist coverage provided for in this section; or
(2) reject either the uninsured motorist coverage alone or the
underinsured motorist coverage alone, if the insurer provides the
coverage not rejected separately from the coverage rejected.
A rejection of coverage under this subsection by a named insured is a
rejection on behalf of all other named insureds, all other insureds, and
all other persons entitled to coverage under the policy. No insured may
have uninsured motorist property damage liability insurance coverage
under this section unless the insured also has uninsured motorist bodily
injury liability insurance coverage under this section. Following
rejection of either or both uninsured motorist coverage or underinsured
motorist coverage, unless later requested in writing, the insurer need
not offer uninsured motorist coverage or underinsured motorist
coverage in or supplemental to a renewal or replacement policy issued
to the same insured by the same insurer or a subsidiary or an affiliate
of the originally issuing insurer. Renewals of policies issued or
delivered in this state which have undergone interim policy
endorsement or amendment do not constitute newly issued or delivered
policies for which the insurer is required to provide the coverages
described in this section.
(c) A rejection under subsection (b) must specify:
(1) that the named insured is rejecting:
(A) the uninsured motorist coverage;
(B) the underinsured motorist coverage; or
(C) both the uninsured motorist coverage and the underinsured
motorist coverage;
that would otherwise be provided under the policy; and
(2) the date on which the rejection is effective.
(d) An insurer is not required to make available the coverage
described in subsection (a) in a commercial umbrella or excess liability
policy, including a commercial umbrella or excess liability policy that
is issued or delivered to a motor carrier (as defined in IC 8-2.1-17-10)
that is in compliance with the minimum levels of financial
responsibility set forth in 49 CFR Part 387.
(e) A rejection under subsection (b) of uninsured motorist coverage
or underinsured motorist coverage in an underlying commercial policy
of insurance is also a rejection of uninsured motorist coverage or
underinsured motorist coverage in a commercial umbrella or excess
liability policy.
(f) An insurer is not required to make available the coverage
described in subsection (a) in connection with coverage that:
(1) is related to or included in a commercial policy of property
and casualty insurance described in Class 2 or Class 3 of
IC 27-1-5-1; and
(2) covers a loss related to a motor vehicle:
(A) of which the insured is not the owner; (as defined in
IC 9-13-2-121(a)); and
(B) that is used:
(i) by the insured or an agent of the insured; and
(ii) for purposes authorized by the insured.
(g) For purposes of subsection (f), "owner" means:
(1) a person who holds the legal title to a motor vehicle;
(2) a person who rents or leases a motor vehicle and has exclusive use of the motor vehicle for more than thirty (30) days;
(3) the conditional vendee or lessee under an agreement for the conditional sale or lease of a motor vehicle; or
(4) the mortgagor under an agreement for the conditional sale or lease of a motor vehicle under which the mortgagor has:
(A) the right to purchase; and
(B) an immediate right of possession of;
the motor vehicle upon the performance of the conditions stated in the agreement.
SECTION 404. IC 31-37-4-3, AS AMENDED BY P.L.3-2008, SECTION 240, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) This section applies if a child is arrested or taken into custody for allegedly committing an act that would be any of the following crimes if committed by an adult:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Battery (IC 35-42-2-1).
(8) Kidnapping (IC 35-42-3-2).
(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3).
(12) Robbery as a Class A felony or a Class B felony (IC 35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony (IC 35-43-2-1).
(14) Carjacking (IC 35-42-5-2).
(15) Assisting a criminal as a Class C felony (IC 35-44-3-2).
(16) Escape (IC 35-44-3-5) as a Class B felony or Class C felony.
(17) Trafficking with an inmate as a Class C felony (IC 35-44-3-9).
(18) Causing death when operating a
(19) Criminal confinement (IC 35-42-3-3) as a Class B felony.
(20) Arson (IC 35-43-1-1) as a Class A or Class B felony.
(21) Possession, use, or manufacture of a weapon of mass destruction (IC 35-47-12-1).
(22) Terroristic mischief (IC 35-47-12-3) as a Class B felony.
(23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
(24) A violation of IC 35-47.5 (controlled explosives) as a Class A or Class B felony.
(25) A controlled substances offense under IC 35-48.
(26) A criminal gang offense under IC 35-45-9.
(b) If a child is taken into custody under this chapter for a crime or act listed in subsection (a), the law enforcement agency that employs the law enforcement officer who takes the child into custody shall notify the chief administrative officer of the primary or secondary school, including a public or nonpublic school, in which the child is enrolled or, if the child is enrolled in a public school, the superintendent of the school district in which the child is enrolled:
(1) that the child was taken into custody; and
(2) of the reason why the child was taken into custody.
(c) The notification under subsection (b) must occur within forty-eight (48) hours after the child is taken into custody.
(d) A law enforcement agency may not disclose information that is confidential under state or federal law to a school or school district under this section.
SECTION 405. IC 31-37-19-17.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 17.2. (a) This section applies if a child is a delinquent child under IC 31-37-1 due to the commission of a delinquent act that, if committed by an adult, would be a theft or criminal conversion described in IC 35-43-4-8 (fuel theft).
(b) The juvenile court shall, in addition to any other order or decree the court makes under this chapter, order the bureau of motor vehicles to:
(1) suspend the child's
(2) invalidate the child's
under
SECTION 406. IC 31-37-19-18, AS AMENDED BY P.L.109-2011, SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 18. If the court orders invalidation or denial of issuance of
(1) the bureau of motor vehicles shall comply with the order for invalidation or denial of issuance; and
(2) the child shall surrender to the court all driver's licenses or permits of the child and the court shall immediately forward the licenses or permits to the bureau of motor vehicles.
If a juvenile court recommends suspension of driving privileges under section 17.3 of this chapter, IC 9-30-6-12(b), IC 9-30-6-12(c), IC 9-30-6-12(d), and IC 9-30-6-12(e) apply to the child's driving privileges.
SECTION 407. IC 31-40-2-1.7, AS ADDED BY P.L.2-2005, SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1.7. (a) A person may pay a monthly probation user's fee under section 1 or 1.5 of this chapter before the date the payment is required to be made without obtaining the prior approval of a court or a probation department. However, if a delinquent child is discharged from probation before the date the delinquent child was scheduled to be released from probation, any monthly probation user's fee paid in advance for the delinquent child may not be refunded.
(b) A probation department may petition a court to:
(1) impose a probation user's fee on a person; or
(2) increase a person's probation user's fee;
under section 1 or 1.5 of this chapter if the financial ability of the person to pay a probation user's fee changes while the person is on probation.
(c) An order to pay a probation user's fee under section 1 or 1.5 of this chapter:
(1) is a judgment lien that:
(A) attaches to the property of the person subject to the order;
(B) may be perfected;
(C) may be enforced to satisfy any payment that is delinquent under section 1 or 1.5 of this chapter; and
(D) expires;
in the same manner as a judgment lien created in a civil proceeding;
(2) is not discharged by the completion of the person's probationary period or other sentence imposed on the person; and
(3) is not discharged by the liquidation of a person's estate by a receiver under IC 32-30-5.
(d) A delinquent child placed on probation for more than one (1) delinquent act:
(1) may be required to pay more than one (1) initial probation user's fee; and
(2) may not be required to pay more than one (1) monthly probation user's fee per month;
to either the probation department or the clerk of the court.
(e) If a court orders a person to pay a probation user's fee under section 1 or 1.5 of this chapter, the court may garnish the wages, salary, and other income earned by the person to enforce the order.
(f) If:
(1) a person is delinquent in paying the person's probation user's fees required under section 1 or 1.5 of this chapter; and
(2) the person's driving privileges or driver's license or permit has been suspended or revoked or the person has never been issued a driver's license or permit;
the court may order the bureau of motor vehicles to not issue a driver's license or permit to the person until the person has paid the person's delinquent probation user's fees.
SECTION 408. IC 32-17-13-1, AS AMENDED BY P.L.36-2011, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) As used in this chapter, "nonprobate transfer" means a valid transfer, effective at death, by a transferor:
(1) whose last domicile was in Indiana; and
(2) who immediately before death had the power, acting alone, to prevent transfer of the property by revocation or withdrawal and:
(A) use the property for the benefit of the transferor; or
(B) apply the property to discharge claims against the transferor's probate estate.
(b) The term does not include a transfer at death (other than a transfer to or from the decedent's probate estate) of:
(1) a survivorship interest in a tenancy by the entireties real estate;
(2) a life insurance policy or annuity;
(3) the death proceeds of a life insurance policy or annuity;
(4) an individual retirement account or a similar account or plan; or
(5) benefits under an employee benefit plan.
(c) With respect to a nonprobate transfer involving a multiple party account, a nonprobate transfer occurs if the last domicile of the depositor whose interest is transferred under IC 32-17-11 was in Indiana.
(d) With respect to a motor vehicle or a watercraft, a nonprobate transfer occurs if the transferee obtains a certificate of title in Indiana for:
(1) the motor vehicle under IC 9-17-2-2(b); or
(2) the watercraft as required by
(e) A transfer on death transfer completed under IC 32-17-14 is a nonprobate transfer.
SECTION 409. IC 32-33-10-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. This chapter may not be construed to repeal, modify, or amend
SECTION 410. IC 33-39-1-8, AS AMENDED BY P.L.101-2009, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) After June 30, 2005, this section 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).
(b) This section does not apply to a person arrested for or charged with:
(1) an offense under IC 9-30-5-1 through IC 9-30-5-5; or
(2) if a person was arrested or charged with an offense under IC 9-30-5-1 through IC 9-30-5-5, an offense involving:
(A) intoxication; or
(B) the operation of a
if the offense involving intoxication or the operation of a
(c) This section does not apply to a person:
(1) who is arrested for or charged with an offense under:
(A) IC 7.1-5-7-7(a), if the alleged offense occurred while the person was operating a motor vehicle;
(B) IC 9-30-4-8(a), if the alleged offense occurred while the person was operating a motor vehicle;
(C) IC 35-42-2-2(c)(1);
(D) IC 35-42-2-4(b)(1); or
(E) IC 35-43-1-2(a), if the alleged offense occurred while the person was operating a motor vehicle; and
(2) who held a probationary license (as defined in
(d) A prosecuting attorney may withhold prosecution against an accused person if:
(1) the person is charged with a misdemeanor;
(2) the person agrees to conditions of a pretrial diversion program offered by the prosecuting attorney;
(3) the terms of the agreement are recorded in an instrument signed by the person and the prosecuting attorney and filed in the court in which the charge is pending; and
(4) the prosecuting attorney electronically transmits information required by the prosecuting attorneys council concerning the withheld prosecution to the prosecuting attorneys council, in a manner and format designated by the prosecuting attorneys council.
(e) An agreement under subsection (d) may include conditions that the person:
(1) pay to the clerk of the court an initial user's fee and monthly user's fees in the amounts specified in IC 33-37-4-1;
(2) work faithfully at a suitable employment or faithfully pursue a course of study or career and technical education that will equip the person for suitable employment;
(3) undergo available medical treatment or counseling and remain in a specified facility required for that purpose;
(4) support the person's dependents and meet other family responsibilities;
(5) make restitution or reparation to the victim of the crime for the damage or injury that was sustained;
(6) refrain from harassing, intimidating, threatening, or having any direct or indirect contact with the victim or a witness;
(7) report to the prosecuting attorney at reasonable times;
(8) answer all reasonable inquiries by the prosecuting attorney and promptly notify the prosecuting attorney of any change in address or employment; and
(9) participate in dispute resolution either under IC 34-57-3 or a program established by the prosecuting attorney.
(f) An agreement under subsection (d)(2) may include other provisions reasonably related to the defendant's rehabilitation, if approved by the court.
(g) The prosecuting attorney shall notify the victim when prosecution is withheld under this section.
(h) All money collected by the clerk as user's fees under this section shall be deposited in the appropriate user fee fund under IC 33-37-8.
(i) If a court withholds prosecution under this section and the terms of the agreement contain conditions described in subsection (e)(6):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form prescribed or approved by the division of state court administration with the clerk.
SECTION 411. IC 34-24-1-1, AS AMENDED BY SEA 26-2012, SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) The following may be seized:
(1) All vehicles (as defined by IC 35-31.5-2-346), if they are used or are intended for use by the person or persons in possession of them to transport or in any manner to facilitate the transportation of the following:
(A) A controlled substance for the purpose of committing, attempting to commit, or conspiring to commit any of the following:
(i) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
(ii) Dealing in methamphetamine (IC 35-48-4-1.1).
(iii) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(iv) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(v) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(vi) Dealing in a counterfeit substance (IC 35-48-4-5).
(vii) Possession of cocaine or a narcotic drug (IC 35-48-4-6).
(viii) Possession of methamphetamine (IC 35-48-4-6.1).
(ix) Dealing in paraphernalia (IC 35-48-4-8.5).
(x) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid (IC 35-48-4-10).
(B) Any stolen (IC 35-43-4-2) or converted property (IC 35-43-4-3) if the retail or repurchase value of that property is one hundred dollars ($100) or more.
(C) Any hazardous waste in violation of IC 13-30-10-1.5.
(D) A bomb (as defined in IC 35-31.5-2-31) or weapon of mass destruction (as defined in IC 35-31.5-2-354) used to commit, used in an attempt to commit, or used in a conspiracy to commit an offense under IC 35-47 as part of or in furtherance of an act of terrorism (as defined by IC 35-31.5-2-329).
(2) All money, negotiable instruments, securities, weapons, communications devices, or any property used to commit, used in an attempt to commit, or used in a conspiracy to commit an offense under IC 35-47 as part of or in furtherance of an act of
terrorism or commonly used as consideration for a violation of
IC 35-48-4 (other than items subject to forfeiture under
IC 16-42-20-5 or IC 16-6-8.5-5.1 before its repeal):
(A) furnished or intended to be furnished by any person in
exchange for an act that is in violation of a criminal statute;
(B) used to facilitate any violation of a criminal statute; or
(C) traceable as proceeds of the violation of a criminal statute.
(3) Any portion of real or personal property purchased with
money that is traceable as a proceed of a violation of a criminal
statute.
(4) A vehicle that is used by a person to:
(A) commit, attempt to commit, or conspire to commit;
(B) facilitate the commission of; or
(C) escape from the commission of;
murder (IC 35-42-1-1), kidnapping (IC 35-42-3-2), criminal
confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
(IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
under IC 35-47 as part of or in furtherance of an act of terrorism.
(5) Real property owned by a person who uses it to commit any of
the following as a Class A felony, a Class B felony, or a Class C
felony:
(A) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(B) Dealing in methamphetamine (IC 35-48-4-1.1).
(C) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(D) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(E) Dealing in marijuana, hash oil, hashish, salvia, or a
synthetic cannabinoid (IC 35-48-4-10).
(6) Equipment and recordings used by a person to commit fraud
under IC 35-43-5-4(10).
(7) Recordings sold, rented, transported, or possessed by a person
in violation of IC 24-4-10.
(8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
defined by IC 35-45-6-1) that is the object of a corrupt business
influence violation (IC 35-45-6-2).
(9) Unlawful telecommunications devices (as defined in
IC 35-45-13-6) and plans, instructions, or publications used to
commit an offense under IC 35-45-13.
(10) Any equipment, including computer equipment and cellular
telephones, used for or intended for use in preparing,
photographing, recording, videotaping, digitizing, printing,
copying, or disseminating matter in violation of IC 35-42-4.
(11) Destructive devices used, possessed, transported, or sold in
violation of IC 35-47.5.
(12) Tobacco products that are sold in violation of IC 24-3-5,
tobacco products that a person attempts to sell in violation of
IC 24-3-5, and other personal property owned and used by a
person to facilitate a violation of IC 24-3-5.
(13) Property used by a person to commit counterfeiting or
forgery in violation of IC 35-43-5-2.
(14) After December 31, 2005, if a person is convicted of an
offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
following real or personal property:
(A) Property used or intended to be used to commit, facilitate,
or promote the commission of the offense.
(B) Property constituting, derived from, or traceable to the
gross proceeds that the person obtained directly or indirectly
as a result of the offense.
(15) Except as provided in subsection (e), a motor vehicle used by
a person who operates the motor vehicle:
(A) while intoxicated, in violation of IC 9-30-5-1 through
IC 9-30-5-5, if in the previous five (5) years the person has two
(2) or more prior unrelated convictions:
(i) for operating a motor vehicle while intoxicated in
violation of IC 9-30-5-1 through IC 9-30-5-5; or
(ii) for an offense that is substantially similar to IC 9-30-5-1
through IC 9-30-5-5 in another jurisdiction; or
(B) on a highway while the person's driver's license is driving
privileges are suspended in violation of IC 9-24-19-2 through
IC 9-24-19-4, if in the previous five (5) years the person has
two (2) or more prior unrelated convictions:
(i) for operating a motor vehicle while intoxicated in
violation of IC 9-30-5-1 through IC 9-30-5-5; or
(ii) for an offense that is substantially similar to IC 9-30-5-1
through IC 9-30-5-5 in another jurisdiction.
If a court orders the seizure of a motor vehicle under this
subdivision, the court shall transmit an order to the bureau of
motor vehicles recommending that the bureau not permit a motor
vehicle to be registered in the name of the person whose motor
vehicle was seized until the person possesses a current driving
license (as defined in IC 9-13-2-41).
(16) The following real or personal property:
(A) Property used or intended to be used to commit, facilitate, or promote the commission of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or IC 30-2-13-38(f).
(B) Property constituting, derived from, or traceable to the gross proceeds that a person obtains directly or indirectly as a result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or IC 30-2-13-38(f).
(b) A vehicle used by any person as a common or contract carrier in the transaction of business as a common or contract carrier is not subject to seizure under this section, unless it can be proven by a preponderance of the evidence that the owner of the vehicle knowingly permitted the vehicle to be used to engage in conduct that subjects it to seizure under subsection (a).
(c) Equipment under subsection (a)(10) may not be seized unless it can be proven by a preponderance of the evidence that the owner of the equipment knowingly permitted the equipment to be used to engage in conduct that subjects it to seizure under subsection (a)(10).
(d) Money, negotiable instruments, securities, weapons, communications devices, or any property commonly used as consideration for a violation of IC 35-48-4 found near or on a person who is committing, attempting to commit, or conspiring to commit any of the following offenses shall be admitted into evidence in an action under this chapter as prima facie evidence that the money, negotiable instrument, security, or other thing of value is property that has been used or was to have been used to facilitate the violation of a criminal statute or is the proceeds of the violation of a criminal statute:
(1) IC 35-48-4-1 (dealing in or manufacturing cocaine or a narcotic drug).
(2) IC 35-48-4-1.1 (dealing in methamphetamine).
(3) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled substance).
(4) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
(5) IC 35-48-4-4 (dealing in a schedule V controlled substance) as a Class B felony.
(6) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a Class A felony, Class B felony, or Class C felony.
(7) IC 35-48-4-6.1 (possession of methamphetamine) as a Class A felony, Class B felony, or Class C felony.
(8) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid) as a Class C felony.
(e) A
(1) an owner of the
(2) the spouse of the person who owns the
is not subject to seizure under subsection (a)(15) unless it can be proven by a preponderance of the evidence that the owner of the vehicle knowingly permitted the vehicle to be used to engage in conduct that subjects it to seizure under subsection (a)(15).
SECTION 412. IC 34-28-5-1, AS AMENDED BY SEA 26-2012, SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) As used in this section, "probationary license" refers to a license described in
(b) An action to enforce a statute defining an infraction shall be brought in the name of the state of Indiana by the prosecuting attorney for the judicial circuit in which the infraction allegedly took place. However, if the infraction allegedly took place on a public highway (as defined in IC 9-25-2-4) that runs on and along a common boundary shared by two (2) or more judicial circuits, a prosecuting attorney for any judicial circuit sharing the common boundary may bring the action.
(c) An action to enforce an ordinance shall be brought in the name of the municipal corporation. The municipal corporation need not prove that it or the ordinance is valid unless validity is controverted by affidavit.
(d) Actions under this chapter (or IC 34-4-32 before its repeal):
(1) shall be conducted in accordance with the Indiana Rules of Trial Procedure; and
(2) must be brought within two (2) years after the alleged conduct or violation occurred.
(e) The plaintiff in an action under this chapter must prove the commission of an infraction or ordinance violation by a preponderance of the evidence.
(f) The complaint and summons described in IC 9-30-3-6 may be used for any infraction or ordinance violation.
(g) Subsection (h) does not apply to an individual holding a probationary license who is alleged to have committed an infraction under any of the following when the individual was less than eighteen (18) years of age at the time of the alleged offense:
IC 9-19
IC 9-21
IC 9-24
IC 9-25
IC 9-26
IC 9-30-5
IC 9-30-10
IC 9-30-15.
(h) This subsection does not apply to an offense or violation under IC 9-24-6 involving the operation of a commercial motor vehicle. The prosecuting attorney or the attorney for a municipal corporation may establish a deferral program for deferring actions brought under this section. Actions may be deferred under this section if:
(1) the defendant in the action agrees to conditions of a deferral program offered by the prosecuting attorney or the attorney for a municipal corporation;
(2) the defendant in the action agrees to pay to the clerk of the court an initial user's fee and monthly user's fee set by the prosecuting attorney or the attorney for the municipal corporation in accordance with IC 33-37-4-2(e);
(3) the terms of the agreement are recorded in an instrument signed by the defendant and the prosecuting attorney or the attorney for the municipal corporation;
(4) the defendant in the action agrees to pay a fee of seventy dollars ($70) to the clerk of court if the action involves a moving traffic offense (as defined in IC 9-13-2-110);
(5) the agreement is filed in the court in which the action is brought; and
(6) if the deferral program is offered by the prosecuting attorney, the prosecuting attorney electronically transmits information required by the prosecuting attorneys council concerning the withheld prosecution to the prosecuting attorneys council, in a manner and format designated by the prosecuting attorneys council.
When a defendant complies with the terms of an agreement filed under this subsection (or IC 34-4-32-1(f) before its repeal), the prosecuting attorney or the attorney for the municipal corporation shall request the court to dismiss the action. Upon receipt of a request to dismiss an action under this subsection, the court shall dismiss the action. An action dismissed under this subsection (or IC 34-4-32-1(f) before its repeal) may not be refiled.
(i) If a judgment is entered against a defendant in an action to enforce an ordinance, the defendant may perform community restitution or service (as defined in IC 35-31.5-2-50) instead of paying a monetary judgment for the ordinance violation as described in section 4(e) of this chapter if:
(1) the:
(A) defendant; and
(B) attorney for the municipal corporation;
agree to the defendant's performance of community restitution or service instead of the payment of a monetary judgment;
(2) the terms of the agreement described in subdivision (1):
(A) include the amount of the judgment the municipal corporation requests that the defendant pay under section 4(e) of this chapter for the ordinance violation if the defendant fails to perform the community restitution or service provided for in the agreement as approved by the court; and
(B) are recorded in a written instrument signed by the defendant and the attorney for the municipal corporation;
(3) the agreement is filed in the court where the judgment was entered; and
(4) the court approves the agreement.
If a defendant fails to comply with an agreement approved by a court under this subsection, the court shall require the defendant to pay up to the amount of the judgment requested in the action under section 4(e) of this chapter as if the defendant had not entered into an agreement under this subsection.
SECTION 413. IC 34-30-2-32.5, AS ADDED BY P.L.145-2011, SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 32.5. (a) This section applies after December 31, 2011.
(b)
SECTION 414. IC 35-43-4-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) A conviction for an offense under section 2 of this chapter or section 3 of this chapter that involves exerting unauthorized control over gasoline or motor vehicle fuel:
(1) by operation of a motor vehicle to leave the premises of an establishment at which gasoline or motor vehicle fuel is offered for sale after the gasoline or motor vehicle fuel has been dispensed into the fuel tank of the motor vehicle; and
(2) without payment or authorization of payment by a credit card, debit card, charge card, or similar method of payment;
shall result in the suspension of the driving privileges of the person.
(b) The court imposing a sentence for a violation under subsection (a) shall issue an order to the bureau of motor vehicles:
(1) stating that the person has been convicted of an offense under section 2 of this chapter or section 3 of this chapter involving the unauthorized taking of gasoline or motor vehicle fuel; and
(2) ordering the suspension of the person's driving privileges under
The suspension of a person's driving privileges under this section is in addition to other penalties prescribed by IC 35-50-3-2 for a Class A misdemeanor or by IC 35-50-2-7 for a Class D felony.
SECTION 415. IC 35-48-4-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 15. (a) If a person is convicted of an offense under section 1, 2, 3, 4, 5, 6, 7, 10, or 11 of this chapter, or conspiracy to commit an offense under section 1, 2, 3, 4, 5, 6, 7, 10, or 11 of this chapter, and the court finds that a motor vehicle was used in the commission of the offense, the court shall, in addition to any other order the court enters, order that the person's:
(1)
(2) existing motor vehicle registrations be suspended; and
(3) ability to register motor vehicles be suspended;
by the bureau of motor vehicles for a period specified by the court of at least six (6) months but not more than two (2) years.
(b) If a person is convicted of an offense described in subsection (a) and the person does not hold
SECTION 416. IC 35-50-1-2, AS AMENDED BY P.L.126-2008, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) As used in this section, "crime of violence" means the following:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Kidnapping (IC 35-42-3-2).
(8) Rape (IC 35-42-4-1).
(9) Criminal deviate conduct (IC 35-42-4-2).
(10) Child molesting (IC 35-42-4-3).
(11) Sexual misconduct with a minor as a Class A felony under IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2).
(12) Robbery as a Class A felony or a Class B felony (IC 35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony (IC 35-43-2-1).
(14) Operating a
(15) Operating a
(16) Resisting law enforcement as a felony (IC 35-44-3-3).
(b) As used in this section, "episode of criminal conduct" means offenses or a connected series of offenses that are closely related in time, place, and circumstance.
(c) Except as provided in subsection (d) or (e), the court shall determine whether terms of imprisonment shall be served concurrently or consecutively. The court may consider the:
(1) aggravating circumstances in IC 35-38-1-7.1(a); and
(2) mitigating circumstances in IC 35-38-1-7.1(b);
in making a determination under this subsection. The court may order terms of imprisonment to be served consecutively even if the sentences are not imposed at the same time. However, except for crimes of violence, the total of the consecutive terms of imprisonment, exclusive of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10, to which the defendant is sentenced for felony convictions arising out of an episode of criminal conduct shall not exceed the advisory sentence for a felony which is one (1) class of felony higher than the most serious of the felonies for which the person has been convicted.
(d) If, after being arrested for one (1) crime, a person commits another crime:
(1) before the date the person is discharged from probation, parole, or a term of imprisonment imposed for the first crime; or
(2) while the person is released:
(A) upon the person's own recognizance; or
(B) on bond;
the terms of imprisonment for the crimes shall be served consecutively, regardless of the order in which the crimes are tried and sentences are imposed.
(e) If the factfinder determines under IC 35-50-2-11 that a person used a firearm in the commission of the offense for which the person was convicted, the term of imprisonment for the underlying offense and the additional term of imprisonment imposed under IC 35-50-2-11 must be served consecutively.
SECTION 417. IC 35-51-9-1, AS ADDED BY P.L.70-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. The following statutes define crimes in IC 9:
IC 9-14-3.5-15 (Concerning bureau of motor vehicles).
IC 9-14-5-9 (Concerning parking placards for persons with
physical disabilities).
IC 9-17-2-15 (Concerning certificates of title).
IC 9-17-2-16 (Concerning certificates of title).
IC 9-17-3-3.2 (Concerning certificates of title).
IC 9-17-3-7 (Concerning certificates of title).
IC 9-17-4-6 (Concerning certificates of title).
IC 9-18-2-42 (Concerning motor vehicle registration and license
plates).
IC 9-18-2-44 (Concerning motor vehicle registration and license
plates).
IC 9-18-2-45 (Concerning motor vehicle registration and license
plates).
IC 9-18-4-8 (Concerning motor vehicle registration and license
plates).
IC 9-18-8-11 (Concerning motor vehicle registration and license
plates).
IC 9-18-8-12 (Concerning motor vehicle registration and license
plates).
IC 9-18-8-13 (Concerning motor vehicle registration and license
plates).
IC 9-18-8-14 (Concerning motor vehicle registration and license
plates).
IC 9-18-8-15 (Concerning motor vehicle registration and license
plates).
IC 9-18-13-9 (Concerning motor vehicle registration and license
plates).
IC 9-18-22-6 (Concerning motor vehicle registration and license
plates).
IC 9-18-26-11 (Concerning motor vehicle registration and license
plates).
IC 9-18-26-13 (Concerning motor vehicle registration and license
plates).
IC 9-18-27-9 (Concerning motor vehicle registration and license
plates).
IC 9-19-9-5 (Concerning motor vehicle equipment).
IC 9-19-10.5-4 (Concerning motor vehicle equipment).
IC 9-19-10.5-5 (Concerning motor vehicle equipment).
IC 9-20-18-4 (Concerning motor vehicle size and weight
regulation).
IC 9-21-5-13 (Concerning traffic regulation).
IC 9-21-6-3 (Concerning traffic regulation).
IC 9-21-8-50 (Concerning traffic regulation).
IC 9-21-8-52 (Concerning traffic regulation).
IC 9-21-8-55 (Concerning traffic regulation).
IC 9-21-8-56 (Concerning traffic regulation).
IC 9-21-8-58 (Concerning traffic regulation).
IC 9-21-12-9 (Concerning traffic regulation).
IC 9-21-12-11 (Concerning traffic regulation).
IC 9-22-1-21.5 (Concerning liens for vehicles).
IC 9-22-3-31 (Concerning abandoned, salvaged, and scrap vehicles).
IC 9-22-3-32 (Concerning abandoned, salvaged, and scrap vehicles).
IC 9-22-3-33 (Concerning abandoned, salvaged, and scrap vehicles).
IC 9-22-6-3 (Concerning mechanic's liens for vehicles).
IC 9-23-6-1 (Concerning vehicle manufacturers, distributors, and dealers).
IC 9-24-1-8 (Concerning driver's licenses).
IC 9-24-6-16 (Concerning driver's licenses).
IC 9-24-6-17 (Concerning driver's licenses).
IC 9-24-11-8 (Concerning driver's licenses).
IC 9-24-15-11 (Concerning driver's licenses).
IC 9-24-16-12 (Concerning driver's licenses).
IC 9-24-16-13 (Concerning driver's licenses).
IC 9-24-18-1 (Concerning driver's licenses).
IC 9-24-18-2 (Concerning driver's licenses).
IC 9-24-18-7 (Concerning driver's licenses).
IC 9-24-19-2 (Concerning driver's licenses).
IC 9-24-19-3 (Concerning driver's licenses).
IC 9-24-19-4 (Concerning driver's licenses).
IC 9-25-6-18 (Concerning financial responsibility).
IC 9-25-8-2 (Concerning financial responsibility).
IC 9-26-1-8 (Concerning accidents and accident reports).
IC 9-26-1-9 (Concerning accidents and accident reports).
IC 9-26-6-4 (Concerning accidents and accident reports).
IC 9-30-4-7 (Concerning licenses and registrations).
IC 9-30-4-8 (Concerning licenses and registrations).
IC 9-30-4-13 (Concerning licenses and registrations).
IC 9-30-5-1 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-2 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-3 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-4 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-5 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-7 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-8 (Concerning operating a vehicle while intoxicated).
IC 9-30-6-8.7 (Concerning implied consent).
IC 9-30-9-7.5 (Concerning alcohol abuse deterrent programs).
IC 9-30-10-16 (Concerning habitual violator of traffic laws).
IC 9-30-10-17 (Concerning habitual violator of traffic laws).
IC 9-30-10-17.5 (Concerning habitual violator of traffic laws).
IC 9-31-2-26 (Concerning watercraft titling and registration).
IC 9-31-2-27 (Concerning watercraft titling and registration).
IC 9-31-2-28 (Concerning watercraft titling and registration).
SECTION 418. [EFFECTIVE JULY 1, 2012] (a) As used in this SECTION, "bureau" refers to the bureau of motor vehicles created by IC 9-14-1-1.
(b) As used in this SECTION, "committee" refers to the interim study committee on special group recognition license plates established by this SECTION.
(c) As used in this SECTION, "special group recognition license plate" refers to a license plate that is issued under IC 9-18-25.
(d) There is established the interim study committee on special group recognition license plates.
(e) The committee consists of the following members:
(1) Two (2) members of the majority party of the senate appointed by the president pro tempore of the senate.
(2) Two (2) members of the minority party of the senate appointed by the minority leader of the senate.
(3) Two (2) members of the majority party of the house of representatives appointed by the speaker of the house of representatives.
(4) Two (2) members of the minority party of the house of representatives appointed by the minority leader of the house of representatives.
(5) Two (2) members appointed by the governor, one (1) of whom must have expertise in auditing nonprofit organizations.
(f) The committee shall review policies and procedures concerning the issuance of special group recognition license plates.
(g) The committee shall operate under the rules and guidelines of the legislative council for interim study committees.
(h) Each member of the committee who is not a state employee or is not a member of the general assembly is entitled to the
following:
(1) The salary per diem provided under IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses as provided under
IC 4-13-1-4.
(3) Other expenses actually incurred in connection with the
member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(i) Each member of the committee who is a state employee but
not a member of the general assembly is entitled to the following:
(1) Reimbursement for traveling expenses as provided under
IC 4-13-1-4.
(2) Other expenses actually incurred in connection with the
member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(j) Each member of the committee who is a member of the
general assembly is entitled to the:
(1) per diem;
(2) mileage; and
(3) travel allowances;
paid to legislative members of interim study committees
established by the legislative council.
(k) The affirmative votes of a majority of the voting members
appointed to the committee are required for the committee to take
action on any measure, including final reports.
(l) The committee shall submit a final report to the governor
and the legislative council in an electronic format under IC 5-14-6
not later than December 1, 2012.
(m) This SECTION expires December 31, 2012.
SECTION 419. An emergency is declared for this act.
SEA 257
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