Indiana House Bill HB1195 Introduced / Bill

                     
Introduced Version
HOUSE BILL No. 1195
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 3-7-14-4; IC 9-13-2; IC 9-14; IC 9-21; IC 9-24;
IC 9-25; IC 9-26-1; IC 9-27-6; IC 9-30; IC 20-33; IC 31-37-19;
IC 34-24-1-1; IC 35-43-1-2; IC 35-52-9.
Synopsis:  Driving record cards. Provides that an individual who is an
Indiana resident and cannot provide proof of identity and lawful status
in the United States may apply for a driving record card learner's permit
and driving record card to obtain driving privileges. Provides that a
driving record card learner's permit and driving record card may not be
used for federal identification or any other federal purpose. Provides
that a driving record card learner's permit and driving record card may
not be used for the purpose of voting or employment verification.
Requires an individual who holds a driving record card learner's permit
or driving record card and operates a motor vehicle to verify and
continuously maintain financial responsibility on any motor vehicle the
holder operates in the amount required by law. Provides that the bureau
of motor vehicles may not disclose certain information unless presented
with a lawful court order or judicial warrant. Makes conforming
amendments. Makes technical corrections.
Effective:  Upon passage; July 1, 2022.
Karickhoff, King, Gore
January 6, 2022, read first time and referred to Committee on Roads and Transportation.
2022	IN 1195—LS 6333/DI 139 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1195
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-7-14-4, AS AMENDED BY P.L.128-2015,
2 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 4. (a) This section does not apply to a driving
4 record card issued under IC 9-24-3.5.
5 (b) An application to obtain or renew a motor vehicle driver's
6 license, permit, or identification card serves as an application for voter
7 registration:
8 (1) under this article; and
9 (2) as provided in 52 U.S.C. 20504(a)(1);
10 unless the applicant fails to sign the voter registration application.
11 SECTION 2. IC 9-13-2-39.7, AS AMENDED BY P.L.111-2021,
12 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 39.7. "Credential" means the following:
14 (1) The following forms of documentation in physical form issued
15 by the bureau under IC 9-24:
16 (A) A driver's license.
17 (B) A learner's permit.
2022	IN 1195—LS 6333/DI 139 2
1 (C) An identification card.
2 (D) A photo exempt identification card.
3 (E) A driving record card.
4 (F) A driving record card learner's permit.
5 (2) The following forms of documentation in the form of a mobile
6 credential issued by the bureau under IC 9-24:
7 (A) Except for a commercial driver's license issued under
8 IC 9-24-6.1, a driver's license.
9 (B) Except for a commercial learner's permit issued under
10 IC 9-24-6.1, a learner's permit.
11 (C) An identification card.
12 (3) For the purposes of IC 9-24-17.7, any form of documentation
13 in physical form or digital form accessible on a mobile device
14 issued by the bureau under IC 9-24.
15 SECTION 3. IC 9-13-2-41 IS AMENDED TO READ AS
16 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 41. "Current driving
17 license" means every class and kind of license or permit, other than a
18 driving record card or a driving record card learner's permit, that
19 evidences the privilege to operate a motor vehicle upon the highways
20 of Indiana. The term includes a privilege granted by the license.
21 SECTION 4. IC 9-13-2-48, AS AMENDED BY P.L.120-2020,
22 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]: Sec. 48. (a) "Driver's license" means the following:
24 (1) Any type of license issued by the state in physical form
25 authorizing an individual to operate the type of vehicle for which
26 the license was issued, in the manner for which the license was
27 issued, on a highway. The term includes any endorsements added
28 to the license under IC 9-24-8.5.
29 (2) Except for a commercial driver's license issued under
30 IC 9-24-6.1, any type of license issued by the state in the form of
31 a mobile credential authorizing an individual to operate the type
32 of vehicle for which the license was issued, in the manner for
33 which the license was issued, on a highway. The term includes
34 any endorsements added to the license under IC 9-24-8.5.
35 (b) Notwithstanding the July 1, 2021, effective date in HEA
36 1506-2019, SECTION 33 (P.L.178-2019), this section takes effect July
37 1, 2020 (rather than July 1, 2021).
38 (b) The term does not include a driving record card or a driving
39 record card learner's permit.
40 SECTION 5. IC 9-13-2-93.4 IS ADDED TO THE INDIANA CODE
41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
42 1, 2022]: Sec. 93.4. "Licensed driver" means an individual holding
2022	IN 1195—LS 6333/DI 139 3
1 either of the following:
2 (1) A valid driver's license issued under IC 9-24-3.
3 (2) A valid driving record card issued under IC 9-24-3.5.
4 SECTION 6. IC 9-13-2-123.5, AS AMENDED BY P.L.120-2020,
5 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2022]: Sec. 123.5. (a) "Permit" means the following:
7 (1) A permit issued by the state in physical form authorizing an
8 individual to operate the type of vehicle for which the permit was
9 issued on public streets, roads, or highways with certain
10 restrictions. The term under this subdivision includes the
11 following:
12 (A) A learner's permit.
13 (B) A motorcycle permit.
14 (C) A commercial learner's permit.
15 (D) A driving record card.
16 (E) A driving record card learner's permit.
17 (2) A permit issued by the state in the form of a mobile credential
18 authorizing an individual to operate the type of vehicle for which
19 the permit was issued on public streets, roads, or highways with
20 certain restrictions. The term under this subdivision includes a
21 learner's permit and a motorcycle permit. The term under this
22 subdivision does not include a commercial learner's permit, a
23 driving record card, or a driving record card learner's
24 permit.
25 (b) Notwithstanding the July 1, 2021, effective date in HEA
26 1506-2019, SECTION 37 (P.L.178-2019), this section takes effect July
27 1, 2020 (rather than July 1, 2021).
28 SECTION 7. IC 9-14-6-5, AS ADDED BY P.L.198-2016,
29 SECTION 186, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2022]: Sec. 5. "Highly restricted personal
31 information" means the following information that identifies an
32 individual:
33 (1) Digital photograph or image.
34 (2) Social Security number.
35 (3) Individual taxpayer identification number.
36 (3) (4) Medical or disability information.
37 (5) Type of credential held by an individual.
38 SECTION 8. IC 9-14-6-6, AS ADDED BY P.L.198-2016,
39 SECTION 186, IS AMENDED TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2022]: Sec. 6. "Personal information" means
41 information that identifies an individual, including an individual's:
42 (1) digital photograph or image;
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1 (2) Social Security number;
2 (3) driver's license, driving record card, or identification
3 document number;
4 (4) name;
5 (5) address (but not the ZIP code);
6 (6) telephone number; or
7 (7) medical or disability information.
8 The term does not include information about vehicular accidents,
9 driving or equipment related violations, and or an individual's driver's
10 license, driving record card, or registration status.
11 SECTION 9. IC 9-14-8-3, AS ADDED BY P.L.198-2016,
12 SECTION 188, IS AMENDED TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2022]: Sec. 3. The bureau may do the
14 following:
15 (1) Adopt and enforce rules under IC 4-22-2 that are necessary to
16 carry out this title.
17 (2) Subject to the approval of the commission, request the
18 necessary office space, storage space, and parking facilities for
19 each license branch operated by the commission from the Indiana
20 department of administration as provided in IC 4-20.5-5-5.
21 (3) Upon any reasonable ground appearing on the records of the
22 bureau and subject to rules and guidelines of the bureau, suspend
23 or revoke the following:
24 (A) The current driving privileges or driver's license of any
25 individual.
26 (B) The current driving privileges or driving record card
27 of any individual.
28 (B) (C) The certificate of registration and proof of registration
29 for any vehicle.
30 (C) (D) The certificate of registration and proof of registration
31 for any watercraft, off-road vehicle, or snowmobile.
32 (4) With the approval of the commission, adopt rules under
33 IC 4-22-2 to do the following:
34 (A) Increase or decrease any fee or charge imposed under this
35 title.
36 (B) Impose a fee on any other service for which a fee is not
37 imposed under this article.
38 (C) Increase or decrease a fee imposed under clause (B).
39 (D) Designate the fund or account in which a:
40 (i) fee increase under clause (A) or (C); or
41 (ii) new fee under clause (B);
42 shall be deposited.
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1 SECTION 10. IC 9-14-11-5, AS ADDED BY P.L.198-2016,
2 SECTION 191, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2022]: Sec. 5. The board shall provide the
4 commissioner and the office of traffic safety created by IC 9-27-2-2
5 with assistance in the administration of Indiana driver licensing laws,
6 including:
7 (1) providing guidance to the commissioner in the area of
8 licensing drivers with health or other problems that may adversely
9 affect a driver's ability to operate a vehicle safely;
10 (2) recommending factors to be used in determining qualifications
11 and ability for issuance and retention of a driver's license or
12 driving record card; and
13 (3) recommending and participating in the review of license and
14 driving record card suspension, restriction, or revocation appeal
15 procedures, including reasonable investigation into the facts of
16 the matter.
17 SECTION 11. IC 9-14-13-2, AS ADDED BY P.L.198-2016,
18 SECTION 193, IS AMENDED TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The bureau shall not disclose:
20 (1) the Social Security number;
21 (2) the federal identification number;
22 (3) the driver's license or driving record card number;
23 (4) the digital image of the driver's license, driving record card,
24 identification card, or photo exempt identification card applicant;
25 (5) a reproduction of the signature secured under IC 9-24-9-1,
26 IC 9-24-16-2, or IC 9-24-16.5-2; or
27 (6) medical or disability information;
28 (7) the individual taxpayer identification number;
29 (8) the type of credential held by an individual; or
30 (9) the renewal date of a driver's license or driving record
31 card;
32 of any individual except as provided in subsection subsections (b) and
33 (c).
34 (b) The bureau may disclose any information listed in subsection
35 (a)(2), (a)(3), (a)(4), (a)(5), or (a)(6):
36 (1) to a law enforcement officer;
37 (2) to an agent or a designee of the department of state revenue;
38 (3) for uses permitted under IC 9-14-13-7(1), IC 9-14-13-7(4),
39 IC 9-14-13-7(6), and IC 9-14-13-7(9); section 7(1), 7(4), 7(6),
40 and 7(9) of this chapter; or
41 (4) for voter registration and election purposes required under
42 IC 3-7 or IC 9-24-2.5.
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1 (c) If the commissioner is presented with a lawful court order or
2 judicial warrant, the bureau may disclose any information listed in
3 subsection (a)(1), (a)(7), (a)(8), or (a)(9):
4 (1) to a law enforcement officer;
5 (2) to an agent or a designee of the department of state
6 revenue;
7 (3) for uses permitted under section 7(1), 7(4), 7(6), and 7(9)
8 of this chapter; or
9 (4) for voter registration and election purposes required
10 under IC 3-7 or IC 9-24-2.5.
11 SECTION 12. IC 9-14-13-7, AS ADDED BY P.L.198-2016,
12 SECTION 193, IS AMENDED TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2022]: Sec. 7. Except as provided in section
14 2(c) of this chapter, the bureau may disclose certain personal
15 information that is not highly restricted personal information, if the
16 person requesting the information provides proof of identity and
17 represents that the use of the personal information will be strictly
18 limited to at least one (1) of the following:
19 (1) For use by a government agency, including a court or law
20 enforcement agency, in carrying out its functions, or a person
21 acting on behalf of a government agency in carrying out its
22 functions.
23 (2) For use in connection with matters concerning:
24 (A) motor vehicle or driver safety and theft;
25 (B) motor vehicle emissions;
26 (C) motor vehicle product alterations, recalls, or advisories;
27 (D) performance monitoring of motor vehicles, motor vehicle
28 parts, and dealers;
29 (E) motor vehicle market research activities, including survey
30 research;
31 (F) the removal of nonowner records from the original owner
32 records of motor vehicle manufacturers; and
33 (G) motor fuel theft under IC 24-4.6-5.
34 (3) For use in the normal course of business by a business or its
35 agents, employees, or contractors, but only:
36 (A) to verify the accuracy of personal information submitted
37 by an individual to the business or its agents, employees, or
38 contractors; and
39 (B) if information submitted to a business is not correct or is
40 no longer correct, to obtain the correct information only for
41 purposes of preventing fraud by pursuing legal remedies
42 against, or recovering on a debt or security interest against, the
2022	IN 1195—LS 6333/DI 139 7
1 individual.
2 (4) For use in connection with a civil, a criminal, an
3 administrative, or an arbitration proceeding in a court or
4 government agency or before a self-regulatory body, including the
5 service of process, investigation in anticipation of litigation, and
6 the execution or enforcement of judgments and orders, or under
7 an order of a court.
8 (5) For use in research activities, and for use in producing
9 statistical reports, as long as the personal information is not
10 published, redisclosed, or used to contact the individuals who are
11 the subject of the personal information.
12 (6) For use by an insurer, an insurance support organization, or a
13 self-insured entity, or the agents, employees, or contractors of an
14 insurer, an insurance support organization, or a self-insured entity
15 in connection with claims investigation activities, anti-fraud
16 activities, rating, or underwriting.
17 (7) For use in providing notice to the owners of towed or
18 impounded vehicles.
19 (8) For use by a licensed private investigative agency or licensed
20 security service for a purpose allowed under this section.
21 (9) For use by an employer or its agent or insurer to obtain or
22 verify information relating to a holder of a commercial driver's
23 license that is required under the Commercial Motor Vehicle
24 Safety Act of 1986 (49 U.S.C. 31131 et seq.).
25 (10) For use in connection with the operation of private toll
26 transportation facilities.
27 (11) For any use in response to requests for individual motor
28 vehicle records when the bureau has obtained the written consent
29 of the person to whom the personal information pertains.
30 (12) For bulk distribution for surveys, marketing, or solicitations
31 when the bureau has obtained the written consent of the person to
32 whom the personal information pertains.
33 (13) For use by any person, when the person demonstrates, in a
34 form and manner prescribed by the bureau, that written consent
35 has been obtained from the individual who is the subject of the
36 information.
37 (14) For any other use specifically authorized by law that is
38 related to the operation of a motor vehicle or public safety.
39 However, this section does not affect the use of anatomical gift
40 information on a person's driver's license, driving record card, or
41 identification document issued by the bureau, nor does this section
42 affect the administration of anatomical gift initiatives in Indiana.
2022	IN 1195—LS 6333/DI 139 8
1 SECTION 13. IC 9-21-8-52, AS AMENDED BY P.L.144-2019,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 52. (a) A person who operates a vehicle and who
4 recklessly:
5 (1) drives at such an unreasonably high rate of speed or at such an
6 unreasonably low rate of speed under the circumstances as to:
7 (A) endanger the safety or the property of others; or
8 (B) block the proper flow of traffic;
9 (2) passes another vehicle from the rear while on a slope or on a
10 curve where vision is obstructed for a distance of less than five
11 hundred (500) feet ahead;
12 (3) drives in and out of a line of traffic, except as otherwise
13 permitted; or
14 (4) speeds up or refuses to give one-half (1/2) of the roadway to
15 a driver overtaking and desiring to pass;
16 commits a Class C misdemeanor. However, the offense is a Class A
17 misdemeanor if it causes bodily injury to a person.
18 (b) A person who operates a vehicle and who recklessly passes a
19 school bus stopped on a roadway or a private road when the arm signal
20 device specified in IC 9-21-12-13 is in the device's extended position
21 commits a Class A misdemeanor. However, the offense is a Level 6
22 felony if it causes bodily injury to a person, and a Level 5 felony if it
23 causes the death of a person.
24 (c) If an offense under subsection (a) results in damage to the
25 property of another person, it is a Class B misdemeanor and the court
26 may recommend the suspension of the current driving license, driving
27 record card, or driving record card learner's permit of the person
28 convicted of the offense described in subsection (a) for a fixed period
29 of not more than one (1) year.
30 (d) If an offense under subsection (a) causes bodily injury to a
31 person, the court may recommend the suspension of the driving
32 privileges of the person convicted of the offense described in this
33 subsection for a fixed period of not more than one (1) year.
34 (e) In addition to any other penalty imposed under subsection (b),
35 the court may suspend the person's driving privileges:
36 (1) for ninety (90) days; or
37 (2) if the person has committed at least one (1) previous offense
38 under this section or IC 9-21-12-1, for one (1) year.
39 SECTION 14. IC 9-21-11-12, AS AMENDED BY P.L.111-2021,
40 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 12. A motor driven cycle may not be operated
42 under any of the following conditions:
2022	IN 1195—LS 6333/DI 139 9
1 (1) By an individual less than fifteen (15) years of age.
2 (2) By an individual who does not have:
3 (A) an unexpired identification card with a motor driven cycle
4 endorsement issued to the individual by the bureau under
5 IC 9-24-16;
6 (B) a valid driver's license or driving record card; or
7 (C) a valid learner's permit or driving record card learner's
8 permit.
9 (3) On an interstate highway or a sidewalk.
10 (4) At a speed greater than thirty-five (35) miles per hour.
11 (5) The vehicle has not been registered as a motor driven cycle.
12 SECTION 15. IC 9-24-1-1, AS AMENDED BY P.L.111-2021,
13 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 1. (a) Except as provided in section 7 of this
15 chapter, an individual must have a valid:
16 (1) driver's license; or
17 (2) permit;
18 including any necessary endorsements, issued to the individual by the
19 bureau to operate upon a highway the type of motor vehicle for which
20 the driver's license, endorsement, or permit was issued.
21 (b) An individual must have:
22 (1) an unexpired identification card with a motor driven cycle
23 endorsement issued to the individual by the bureau under
24 IC 9-24-16;
25 (2) a valid driver's license or driving record card; or
26 (3) a valid learner's permit or driving record card learner's
27 permit;
28 to operate a motor driven cycle upon a highway.
29 (c) An individual who violates this section commits a Class C
30 infraction.
31 SECTION 16. IC 9-24-2-1, AS AMENDED BY P.L.111-2021,
32 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 1. (a) The bureau shall suspend the driving
34 privileges or invalidate the learner's permit or driving record card
35 learner's permit of an individual who is at least fifteen (15) years of
36 age and less than eighteen (18) years of age and meets any of the
37 following conditions:
38 (1) Is a habitual truant under IC 20-33-2-11.
39 (2) Is under at least a second suspension from school for the
40 school year under IC 20-33-8-14 or IC 20-33-8-15.
41 (3) Is under an expulsion from school under IC 20-33-8-14,
42 IC 20-33-8-15, or IC 20-33-8-16.
2022	IN 1195—LS 6333/DI 139 10
1 (4) Is considered a dropout under IC 20-33-2-28.5.
2 (b) At least five (5) days before holding an exit interview under
3 IC 20-33-2-28.5, the school corporation shall give notice by certified
4 mail or personal delivery to the student, the student's parent, or the
5 student's guardian that the student's failure to attend an exit interview
6 under IC 20-33-2-28.5 or return to school if the student does not meet
7 the requirements to withdraw from school under IC 20-33-2-28.5 may
8 result in the revocation or denial of the student's:
9 (1) driver's license, or learner's permit, driving record card, or
10 driving record card learner's permit; and
11 (2) employment certificate issued under IC 22-2-18 (before its
12 expiration on June 30, 2021).
13 SECTION 17. IC 9-24-2-2, AS AMENDED BY P.L.125-2012,
14 SECTION 167, IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2022]: Sec. 2. The bureau shall suspend the
16 driving privileges or invalidate the learner's permit or driving record
17 card learner's permit of an individual less than eighteen (18) years of
18 age who is under an order entered by a juvenile court under
19 IC 31-37-19-13 through IC 31-37-19-17 (or IC 31-6-4-15.9(d),
20 IC 31-6-4-15.9(e), or IC 31-6-4-15.9(f) before their repeal).
21 SECTION 18. IC 9-24-2-2.5, AS AMENDED BY P.L.257-2017,
22 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]: Sec. 2.5. (a) The bureau shall suspend the driving
24 privileges or invalidate the learner's permit or driving record card
25 learner's permit of an individual who is under an order entered by a
26 court under IC 35-43-1-2(d).
27 (b) The bureau shall suspend the driving privileges or invalidate the
28 learner's permit or driving record card learner's permit of an
29 individual who is the subject of an order issued under IC 31-37-19-17
30 (or IC 31-6-4-15.9(f) before its repeal) or IC 35-43-1-2(d).
31 SECTION 19. IC 9-24-2-3, AS AMENDED BY P.L.198-2016,
32 SECTION 424, IS AMENDED TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The bureau may not issue a
34 driver's license, or driving record card, learner's permit, or driving
35 record card learner's permit or grant driving privileges to the
36 following individuals:
37 (1) An individual whose driving privileges have been suspended,
38 during the period for which the driving privileges are suspended,
39 or to an individual whose driver's license or driving record card
40 has been revoked, until the time the bureau is authorized under
41 Indiana law to issue the individual a new driver's license or
42 driving record card.
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1 (2) An individual whose learner's permit or driving record card
2 learner's permit has been suspended or revoked until the time
3 the bureau is authorized under Indiana law to issue the individual
4 a new learner's permit or driving record card learner's permit.
5 (3) An individual who, in the opinion of the bureau, is afflicted
6 with or suffering from a physical or mental disability or disease
7 that prevents the individual from exercising reasonable and
8 ordinary control over a motor vehicle while operating the motor
9 vehicle on a highway.
10 (4) An individual who is unable to understand highway warnings
11 or direction signs written in the English language.
12 (5) An individual who is required under this article to take an
13 examination unless:
14 (A) the individual successfully passes the examination; or
15 (B) the bureau waives the examination requirement.
16 (6) An individual who is required under IC 9-25 or any other
17 statute to deposit or provide proof of financial responsibility and
18 who has not deposited or provided that proof.
19 (7) An individual when the bureau has good cause to believe that
20 the operation of a motor vehicle on a highway by the individual
21 would be inimical to public safety or welfare.
22 (8) An individual who is the subject of an order issued by:
23 (A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13,
24 IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or
25 (B) the Title IV-D agency;
26 ordering that a driver's license or permit not be issued to the
27 individual.
28 (9) This subdivision does not apply to a driving record card or
29 driving record card learner's permit and any driving
30 privileges authorized by a driving record card or driving
31 record card learner's permit. An individual who has not
32 presented valid documentary evidence to the bureau of the
33 individual's legal status in the United States, as required by
34 IC 9-24-9-2.5.
35 (10) An individual who does not otherwise satisfy the
36 requirements of this article.
37 (b) An individual subject to epileptic seizures may not be denied a
38 driver's license or permit under this section if the individual presents
39 a statement from a licensed physician, on a form prescribed by the
40 bureau, that the individual is under medication and is free from
41 seizures while under medication.
42 SECTION 20. IC 9-24-2-4, AS AMENDED BY P.L.111-2021,
2022	IN 1195—LS 6333/DI 139 12
1 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2022]: Sec. 4. (a) If an individual is at least fifteen (15) years
3 of age and less than eighteen (18) years of age and is a habitual truant,
4 is under a suspension or an expulsion, or has withdrawn from school as
5 described in section 1 of this chapter, the bureau shall, upon
6 notification by an authorized representative of the individual's school
7 corporation, suspend the individual's driving privileges until the
8 earliest of the following:
9 (1) The individual becomes eighteen (18) years of age.
10 (2) One hundred twenty (120) days after the individual is
11 suspended.
12 (3) The suspension, expulsion, or exclusion is reversed after the
13 individual has had a hearing under IC 20-33-8.
14 (b) The bureau shall promptly mail a notice to the individual's last
15 known address that states the following:
16 (1) That the individual's driving privileges will be suspended for
17 a specified period commencing five (5) days after the date of the
18 notice.
19 (2) That the individual has the right to appeal the suspension of
20 the driving privileges.
21 (c) If an aggrieved individual believes that:
22 (1) the information provided was technically incorrect; or
23 (2) the bureau committed a technical or procedural error;
24 the aggrieved individual may appeal the invalidation of a driver's
25 license or driving record card under section 5 of this chapter.
26 (d) If an individual satisfies the conditions for reinstatement of a
27 driver's license the individual's driving privileges under this section,
28 the individual may submit to the bureau for review the necessary
29 information certifying that at least one (1) of the events described in
30 subsection (a) has occurred.
31 (e) Upon reviewing and certifying the information received under
32 subsection (d), the bureau shall reinstate the individual's driving
33 privileges.
34 (f) An individual may not operate a motor vehicle in violation of this
35 section.
36 (g) An individual whose driving privileges are suspended under this
37 section is eligible to apply for specialized driving privileges under
38 IC 9-30-16.
39 (h) The bureau shall reinstate the driving privileges of an individual
40 whose driving privileges were suspended under this section if the
41 individual does the following:
42 (1) Establishes to the satisfaction of the principal of the school
2022	IN 1195—LS 6333/DI 139 13
1 where the action occurred that caused the suspension of the
2 driving privileges that the individual has:
3 (A) enrolled in a full-time or part-time program of education;
4 and
5 (B) participated for thirty (30) or more days in the program of
6 education.
7 (2) Submits to the bureau a form developed by the bureau that
8 contains:
9 (A) the verified signature of the principal or the president of
10 the governing body of the school described in subdivision (1);
11 and
12 (B) notification to the bureau that the person has complied
13 with subdivision (1).
14 An individual may appeal the decision of a principal under subdivision
15 (1) to the governing body of the school corporation where the
16 principal's school is located.
17 SECTION 21. IC 9-24-3-1, AS AMENDED BY P.L.111-2021,
18 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 1. (a) Except as otherwise provided in this article,
20 the bureau shall issue a driver's license to an individual who meets the
21 following conditions:
22 (1) Satisfies the age requirements set forth in section 2.5 of this
23 chapter.
24 (2) Makes proper application to the bureau under IC 9-24-9 upon
25 a form prescribed by the bureau. The form must include an
26 attestation concerning the number of hours of supervised driving
27 practice that the individual has completed if the individual is
28 required under section 2.5 of this chapter to complete a certain
29 number of hours of supervised driving practice in order to receive
30 a driver's license. The:
31 (A) parent or guardian of an applicant less than eighteen (18)
32 years of age; or
33 (B) applicant, if the applicant is at least eighteen (18) years of
34 age;
35 shall attest in writing under penalty of perjury to the time logged
36 in practice driving.
37 (3) Satisfactorily passes the examination and tests required for
38 issuance of a driver's license under IC 9-24-10.
39 (4) Except as provided in subsection (e), pays the following
40 applicable fee:
41 (A) For an individual who is less than seventy-five (75) years
42 of age, seventeen dollars and fifty cents ($17.50).
2022	IN 1195—LS 6333/DI 139 14
1 (B) For an individual who is at least seventy-five (75) years of
2 age but less than eighty-five (85) years of age, eleven dollars
3 ($11).
4 (C) For an individual who is at least eighty-five (85) years of
5 age, seven dollars ($7).
6 (b) The bureau shall issue a driving record card to an individual
7 who:
8 (1) meets the criteria described in IC 9-24-3.5; and
9 (2) except as provided in subsection (f), pays the applicable fee
10 as follows:
11 (A) For an individual who is less than seventy-five (75)
12 years of age, seventeen dollars and fifty cents ($17.50).
13 (B) For an individual who is at least seventy-five (75) years
14 of age but less than eighty-five (85) years of age, eleven
15 dollars ($11).
16 (C) For an individual who is at least eighty-five (85) years
17 of age, seven dollars ($7).
18 (b) (c) A fee described in subsection (a)(4)(A) or (b)(2)(A) shall be
19 distributed as follows:
20 (1) Fifty cents ($0.50) to the state motor vehicle technology fund.
21 (2) Two dollars ($2) to the crossroads 2000 fund.
22 (3) Four dollars and fifty cents ($4.50) to the motor vehicle
23 highway account.
24 (4) One dollar and twenty-five cents ($1.25) to the integrated
25 public safety communications fund.
26 (5) Nine dollars and twenty-five cents ($9.25) to the commission
27 fund.
28 (c) (d) A fee described in subsection (a)(4)(B) or (b)(2)(B) shall be
29 distributed as follows:
30 (1) Fifty cents ($0.50) to the state motor vehicle technology fund.
31 (2) One dollar and fifty cents ($1.50) to the crossroads 2000 fund.
32 (3) Three dollars ($3) to the motor vehicle highway account.
33 (4) One dollar and twenty-five cents ($1.25) to the integrated
34 public safety communications fund.
35 (5) Four dollars and seventy-five cents ($4.75) to the commission
36 fund.
37 (d) (e) A fee described in subsection (a)(4)(C) or (b)(2)(C) shall be
38 distributed as follows:
39 (1) Fifty cents ($0.50) to the state motor vehicle technology fund.
40 (2) One dollar ($1) to the crossroads 2000 fund.
41 (3) Two dollars ($2) to the motor vehicle highway account.
42 (4) One dollar and twenty-five cents ($1.25) to the integrated
2022	IN 1195—LS 6333/DI 139 15
1 public safety communications fund.
2 (5) Two dollars and twenty-five cents ($2.25) to the commission
3 fund.
4 (e) (f) A fee described in subsection (a)(4) or (b)(2) may not be
5 charged to an individual who:
6 (1) is under the care and supervision of the department of child
7 services; or
8 (2) represents, pursuant to IC 31-36-3-4(b), a homeless youth (as
9 defined in IC 31-36-3-4) and presents a fee and consent waiver
10 affidavit described in IC 31-36-3-4(c);
11 and meets all other requirements for a driver's license or driving
12 record card under this article.
13 SECTION 22. IC 9-24-3.5 IS ADDED TO THE INDIANA CODE
14 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]:
16 Chapter 3.5. Driving Record Card
17 Sec. 1. An individual who is unable to present the valid
18 documentary evidence required by IC 9-24-9-2.5 may apply to the
19 bureau for a driving record card.
20 Sec. 2. The bureau shall issue a driving record card to an
21 individual who meets the following conditions:
22 (1) Satisfies the age requirements set forth in section 3 of this
23 chapter.
24 (2) Makes proper application to the bureau under IC 9-24-9
25 upon a form prescribed by the bureau. The form must include
26 an attestation concerning the number of hours of supervised
27 driving practice that the individual has completed if the
28 individual is required under section 3 of this chapter to
29 complete a certain number of hours of supervised driving
30 practice in order to receive a driving record card. The:
31 (A) parent or guardian of an applicant less than eighteen
32 (18) years of age; or
33 (B) applicant, if the applicant is at least eighteen (18) years
34 of age;
35 shall attest in writing under penalty of perjury to the time
36 logged in practice driving.
37 (3) Satisfactorily passes the examination and tests required
38 for issuance of a driving record card under IC 9-24-10.
39 (4) Pays the fee prescribed by IC 9-24-3-1(b).
40 Sec. 3. (a) An individual must satisfy the requirements set forth
41 in one (1) of the following subdivisions to receive a driving record
42 card:
2022	IN 1195—LS 6333/DI 139 16
1 (1) The individual meets the following conditions:
2 (A) Is at least sixteen (16) years and ninety (90) days of age.
3 (B) Has held a valid driving record card learner's permit
4 for at least one hundred eighty (180) days.
5 (C) Obtains an instructor's certification that the individual
6 has satisfactorily completed an approved driver education
7 course.
8 (D) Passes the required examinations.
9 (E) Completes at least fifty (50) hours of supervised driving
10 practice, of which at least ten (10) hours are nighttime
11 driving, as provided in subsection (b).
12 (2) The individual meets the following conditions:
13 (A) Is at least sixteen (16) years and two hundred seventy
14 (270) days of age.
15 (B) Has held a valid driving record card learner's permit
16 for at least one hundred eighty (180) days.
17 (C) Passes the required examinations.
18 (D) Completes at least fifty (50) hours of supervised
19 driving practice, of which at least ten (10) hours are
20 nighttime driving, as provided in subsection (b).
21 (3) The individual meets the following conditions:
22 (A) Is at least sixteen (16) years and one hundred eighty
23 (180) days of age but less than eighteen (18) years of age.
24 (B) Has previously been a nonresident of Indiana, but at
25 the time of application, qualifies as an Indiana resident.
26 (C) Has held for at least one hundred eighty (180) days a
27 valid driver's license, excluding a learner's permit or the
28 equivalent, in the state or a combination of states in which
29 the individual formerly resided.
30 (D) Passes the required examinations.
31 (4) The individual meets the following conditions:
32 (A) Is at least eighteen (18) years of age.
33 (B) Has previously been a nonresident of Indiana, but at
34 the time of application, qualifies as an Indiana resident.
35 (C) Held a valid driver's license, excluding a learner's
36 permit or the equivalent, from the state of prior residence.
37 (D) Passes the required examinations.
38 (5) The individual meets the following conditions:
39 (A) Is at least eighteen (18) years of age.
40 (B) Is a person with a disability.
41 (C) Has successfully completed driver rehabilitation
42 training by a certified driver rehabilitation specialist
2022	IN 1195—LS 6333/DI 139 17
1 recognized by the bureau.
2 (D) Passes the required examinations.
3 (b) An applicant who is required to complete at least fifty (50)
4 hours of supervised driving under subsection (a)(1)(E) or (a)(2)(D)
5 must do the following:
6 (1) If the applicant is less than eighteen (18) years of age,
7 complete the practice driving with:
8 (A) a licensed driver, with valid driving privileges, who is:
9 (i) at least twenty-five (25) years of age; and
10 (ii) related to the applicant by blood, marriage, or legal
11 status;
12 (B) the spouse of the applicant who is:
13 (i) a licensed driver with valid driving privileges; and
14 (ii) at least twenty-one (21) years of age; or
15 (C) an individual with valid driving privileges who:
16 (i) is licensed as a driver education instructor under
17 IC 9-27-6-8 and is working under the direction of a
18 driver training school described in IC 9-27-6-3(a)(2); or
19 (ii) is a certified driver rehabilitation specialist
20 recognized by the bureau who is employed through a
21 driver rehabilitation program.
22 (2) If the applicant is at least eighteen (18) years of age,
23 complete the driving practice with:
24 (A) a licensed driver, with valid driving privileges, who is
25 at least twenty-five (25) years of age; or
26 (B) the spouse of the applicant who is:
27 (i) a licensed driver with valid driving privileges; and
28 (ii) at least twenty-one (21) years of age.
29 (3) If the applicant is less than eighteen (18) years of age and
30 is under the care and supervision of the department of child
31 services, complete the driving practice with:
32 (A) a licensed driver with valid driving privileges who is:
33 (i) at least twenty-five (25) years of age; and
34 (ii) related to the applicant by blood, marriage, or legal
35 status;
36 (B) a licensed driver with valid driving privileges who is:
37 (i) at least twenty-five (25) years of age; and
38 (ii) approved by the department of child services; or
39 (C) an individual with valid driving privileges who is:
40 (i) licensed as a driver education instructor under
41 IC 9-27-6-8 and is working under the direction of a
42 driver training school described in IC 9-27-6-3(a)(2); or
2022	IN 1195—LS 6333/DI 139 18
1 (ii) a certified driver rehabilitation specialist recognized
2 by the bureau who is employed through a driver
3 rehabilitation program.
4 (4) Submit to the commission under IC 9-24-9-2(c) evidence
5 of the time logged in practice driving.
6 (c) The bureau may waive:
7 (1) up to six (6) months of the age requirement;
8 (2) any of the experience or practice and driving
9 requirements; or
10 (3) the requirements described in both subdivisions (1) and
11 (2);
12 for an individual making an application for the individual's driving
13 record card due to hardship conditions.
14 Sec. 4. In addition to applicable fees collected under
15 IC 9-24-3-1(b) for a driving record card, the bureau shall collect a
16 supplemental fee of fifty dollars ($50) for an individual to obtain a
17 driving record card.
18 Sec. 5. A driving record card must include a statement on the
19 face of the card that indicates that the driving record card may not
20 be accepted by any federal agency for federal identification or any
21 other federal purpose.
22 Sec. 6. A driving record card may not be used for the purpose
23 of:
24 (1) voting; or
25 (2) employment verification.
26 Sec. 7. A driving record card allows the holder to operate a
27 passenger motor vehicle or a truck with a declared gross weight
28 equal to or less than eleven thousand (11,000) pounds.
29 Sec. 8. An individual who holds a driving record card and
30 operates a motor vehicle shall verify financial responsibility on any
31 motor vehicle the holder operates is continuously maintained in the
32 amounts required by IC 9-25-4.
33 Sec. 9. (a) The bureau may impose an additional fee of
34 twenty-five dollars ($25) if the bureau processes a credential
35 application under this chapter in a period of time that is shorter
36 than the normal processing period. The bureau shall deposit the fee
37 in the commission fund.
38 (b) A fee imposed under this section is in addition to any other
39 fee imposed under this chapter.
40 Sec. 10. The bureau shall adopt rules under IC 4-22-2 to
41 implement this chapter.
42 SECTION 23. IC 9-24-7-1, AS AMENDED BY P.L.155-2019,
2022	IN 1195—LS 6333/DI 139 19
1 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2022]: Sec. 1. (a) The bureau shall issue a learner's permit or
3 driving record card learner's permit to an individual who satisfies
4 the following conditions:
5 (1) Makes a proper application in the form and manner prescribed
6 by the bureau.
7 (2) Except as provided in subsection (d), (e), pays a fee under
8 subsection (b) (c) or (c), (d), as applicable.
9 (3) If less than eighteen (18) years of age, is not ineligible under
10 IC 9-24-2-1.
11 (4) Has passed a written examination as required under
12 IC 9-24-10.
13 (5) Either:
14 (A) is at least sixteen (16) years of age; or
15 (B) if at least fifteen (15) years of age but less than sixteen
16 (16) years of age, is enrolled in an approved driver education
17 course.
18 (b) An individual who is unable to present the valid
19 documentary evidence required by IC 9-24-9-2.5 may apply for a
20 driving record card learner's permit. A driving record card
21 learner's permit may be used only as the basis to acquire a driving
22 record card under IC 9-24-3.5. A driving record card learner's
23 permit must include a statement on the face of the card that
24 indicates that the driving record card learner's permit may not be
25 accepted by any federal agency for federal identification or any
26 other federal purpose. A driving record card learner's permit
27 allows the holder to operate a passenger motor vehicle or a truck
28 with a declared gross weight equal to or less than eleven thousand
29 (11,000) pounds. An individual who holds a driving record card
30 learner's permit and operates a motor vehicle shall verify that
31 financial responsibility on any motor vehicle that the holder
32 operates is continuously maintained in the amounts required by
33 IC 9-25-4.
34 (b) (c) The fee for a learner's permit issued before January 1, 2017,
35 is nine dollars and fifty cents ($9.50). The fee shall be distributed as
36 follows:
37 (1) Fifty cents ($0.50) to the motor vehicle highway account.
38 (2) Fifty cents ($0.50) to the state motor vehicle technology fund.
39 (3) Two dollars ($2) to the crossroads 2000 fund.
40 (4) One dollar and seventy-five cents ($1.75) to the integrated
41 public safety communications fund.
42 (5) Four dollars and seventy-five cents ($4.75) to the commission
2022	IN 1195—LS 6333/DI 139 20
1 fund.
2 (c) (d) The fee for a learner's permit issued after December 31,
3 2016, or a driving record card learner's permit issued after June
4 30, 2022, is nine dollars ($9). The fee shall be distributed as follows:
5 (1) Twenty-five cents ($0.25) to the motor vehicle highway
6 account.
7 (2) Fifty cents ($0.50) to the state motor vehicle technology fund.
8 (3) Two dollars ($2) to the crossroads 2000 fund.
9 (4) One dollar and twenty-five cents ($1.25) to the integrated
10 public safety communications fund.
11 (5) Five dollars ($5) to the commission fund.
12 (d) (e) A fee described in subsection (a) may not be charged to an
13 individual who:
14 (1) is under the care and supervision of the department of child
15 services; or
16 (2) represents, pursuant to IC 31-36-3-4(b), a homeless youth (as
17 defined in IC 31-36-3-4) and presents a fee and consent waiver
18 affidavit described in IC 31-36-3-4(c);
19 and meets all other requirements for a learner's permit or driving
20 record card learner's permit under IC 9-24.
21 (f) In addition to applicable fees collected under this section for
22 a driving record card learner's permit, the bureau shall collect a
23 supplemental fee of fifty dollars ($50) for an individual to obtain a
24 driving record card learner's permit.
25 SECTION 24. IC 9-24-7-4, AS AMENDED BY P.L.111-2021,
26 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2022]: Sec. 4. (a) Except as provided in section 1(b) of this
28 chapter, a learner's permit authorizes the holder to operate a motor
29 vehicle, except a motorcycle or a commercial motor vehicle, upon a
30 highway under the following conditions:
31 (1) While the holder is participating in practice driving in an
32 approved driver education course and is accompanied in the front
33 seat of the motor vehicle by an individual with valid driving
34 privileges who:
35 (A) is licensed as a driver education instructor under
36 IC 9-27-6-8 and is working under the direction of a driver
37 training school described in IC 9-27-6-3(a)(2); or
38 (B) is a certified driver rehabilitation specialist recognized by
39 the bureau who is employed through a driver rehabilitation
40 program.
41 (2) While the holder is participating in practice driving after
42 having commenced an approved driver education course and is
2022	IN 1195—LS 6333/DI 139 21
1 accompanied in the front seat of the motor vehicle by an
2 individual with valid driving privileges who is at least:
3 (A) twenty-five (25) years of age and related to the applicant
4 by blood, marriage, or legal status; or
5 (B) if the licensed individual is the holder's spouse, twenty-one
6 (21) years of age.
7 (3) If the holder is not participating in an approved driver
8 education course, and is less than eighteen (18) years of age, the
9 holder may participate in practice driving if accompanied in the
10 front seat of the motor vehicle by an individual who is:
11 (A) a licensed driver, with valid driving privileges, who is:
12 (i) at least twenty-five (25) years of age; and
13 (ii) related to the applicant by blood, marriage, or legal
14 status;
15 (B) the spouse of the applicant who is:
16 (i) a licensed driver with valid driving privileges; and
17 (ii) at least twenty-one (21) years of age; or
18 (C) an individual with valid driving privileges who:
19 (i) is licensed as a driver education instructor under
20 IC 9-27-6-8 and is working under the direction of a driver
21 training school described in IC 9-27-6-3(a)(2); or
22 (ii) is a certified driver rehabilitation specialist recognized
23 by the bureau who is employed through a driver
24 rehabilitation program.
25 (4) If the holder is not participating in an approved driver
26 education course, and is at least eighteen (18) years of age, the
27 holder may participate in practice driving if accompanied in the
28 front seat of the motor vehicle by an individual who is:
29 (A) a licensed driver, with valid driving privileges, who is at
30 least twenty-five (25) years of age; or
31 (B) the spouse of the applicant who is:
32 (i) a licensed driver with valid driving privileges; and
33 (ii) at least twenty-one (21) years of age.
34 (5) If the holder is less than eighteen (18) years of age and is
35 under the care and supervision of the department of child
36 services, the holder may participate in practice driving if
37 accompanied in the front seat of the motor vehicle by an
38 individual who is:
39 (A) a licensed driver with valid driving privileges who is:
40 (i) at least twenty-five (25) years of age; and
41 (ii) related to the applicant by blood, marriage, or legal
42 status;
2022	IN 1195—LS 6333/DI 139 22
1 (B) a licensed driver with valid driving privileges who is:
2 (i) at least twenty-five (25) years of age; and
3 (ii) approved by the department of child services; or
4 (C) an individual with valid driving privileges who is:
5 (i) licensed as a driver education instructor under
6 IC 9-27-6-8 and is working under the direction of a driver
7 training school described in IC 9-27-6-3(a)(2); or
8 (ii) a certified driver rehabilitation specialist recognized by
9 the bureau who is employed through a driver rehabilitation
10 program.
11 (b) A holder of a learner's permit or driving record card learner's
12 permit may operate a motor driven cycle.
13 SECTION 25. IC 9-24-7-5, AS AMENDED BY P.L.111-2021,
14 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 5. (a) A holder of a learner's permit may take the
16 skills examination for a driver's license not later than the expiration
17 date of the learner's permit.
18 (b) A holder of a driving record card learner's permit may take
19 the skills examination for a driving record card not later than the
20 expiration date of the driving record card learner's permit.
21 (c) A holder who does not pass the skills examination for:
22 (1) a driver's license; or
23 (2) a driving record card;
24 after a third attempt is not eligible to take the examination until two (2)
25 months after the date of the last failed examination.
26 SECTION 26. IC 9-24-7-7, AS AMENDED BY P.L.85-2013,
27 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 7. The bureau shall publish the following:
29 (1) An online driving guide that may be used by the holder of a
30 learner's permit or a driving record card learner's permit and
31 the parent of the holder of a learner's permit or a driving record
32 card learner's permit, if applicable.
33 (2) An online log that must be completed to show evidence of the
34 completion of the hours of supervised practice driving required
35 under IC 9-24-3-2.5(a)(1)(E), or IC 9-24-3-2.5(a)(2)(D),
36 IC 9-24-3.5-3(a)(1)(E), or IC 9-24-3.5-3(a)(2)(D), as
37 applicable.
38 SECTION 27. IC 9-24-9-2, AS AMENDED BY P.L.178-2019,
39 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b), each
41 application for a driver's license or permit under this chapter must
42 require the following information:
2022	IN 1195—LS 6333/DI 139 23
1 (1) The full legal name of the applicant.
2 (2) The applicant's date of birth.
3 (3) The gender of the applicant.
4 (4) The applicant's height, weight, hair color, and eye color.
5 (5) The address of the applicant.
6 (6) A:
7 (A) valid Social Security number; or
8 (B) verification of an applicant's:
9 (i) ineligibility to be issued a Social Security number; and
10 (ii) identity and lawful status;
11 unless the applicant is applying for a driving record card
12 under IC 9-24-3.5 or a driving record card learner's permit
13 under IC 9-24-7-1(b). An applicant for a driving record card
14 or driving record card learner's permit must submit a valid
15 individual taxpayer identification number for the applicant.
16 (7) Whether the applicant has been subject to fainting spells or
17 seizures.
18 (8) Whether the applicant has been issued a driver's license or has
19 been the holder of a permit, and if so, when and by what
20 jurisdiction.
21 (9) Whether the applicant's driver's license or permit has ever
22 been suspended or revoked, and if so, the date of and the reason
23 for the suspension or revocation.
24 (10) Whether the applicant has been convicted of:
25 (A) a crime punishable as a felony under Indiana motor
26 vehicle law; or
27 (B) any other felony in the commission of which a motor
28 vehicle was used;
29 that has not been expunged by a court.
30 (11) Whether the applicant has a physical or mental disability,
31 and if so, the nature of the disability.
32 (12) The signature of the applicant showing the applicant's legal
33 name as it appears or will appear on the driver's license or permit.
34 (13) A digital photograph of the applicant.
35 (14) Any other information the bureau requires.
36 (b) For purposes of subsection (a), an individual certified as a
37 program participant in the address confidentiality program under
38 IC 5-26.5 is not required to provide the individual's address, but may
39 provide an address designated by the office of the attorney general
40 under IC 5-26.5 as the individual's address.
41 (c) In addition to the information required by subsection (a), an
42 applicant who is required to complete at least fifty (50) hours of
2022	IN 1195—LS 6333/DI 139 24
1 supervised practice driving under IC 9-24-3-2.5(a)(1)(E), or
2 IC 9-24-3-2.5(a)(2)(D), IC 9-24-3.5-3(a)(1)(E), or
3 IC 9-24-3.5-3(a)(2)(D) must submit to the bureau evidence of the time
4 logged in practice driving.
5 SECTION 28. IC 9-24-9-2.5, AS AMENDED BY P.L.198-2016,
6 SECTION 465, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2022]: Sec. 2.5. (a) Except as provided in
8 subsection (b), in addition to the information required from the
9 applicant for a driver's license or permit under sections 1 and 2 of this
10 chapter, the bureau shall require an applicant to present to the bureau
11 valid documentary evidence that the applicant:
12 (1) is a citizen or national of the United States;
13 (2) is an alien lawfully admitted for permanent residence in the
14 United States;
15 (3) has conditional permanent resident status in the United States;
16 (4) has an approved application for asylum in the United States or
17 has entered into the United States in refugee status;
18 (5) is an alien lawfully admitted for temporary residence in the
19 United States;
20 (6) has a valid unexpired nonimmigrant visa or nonimmigrant visa
21 status for entry into the United States;
22 (7) has a pending application for asylum in the United States;
23 (8) has a pending or approved application for temporary protected
24 status in the United States;
25 (9) has approved deferred action status; or
26 (10) has a pending application for adjustment of status to that of
27 an alien lawfully admitted for permanent residence in the United
28 States or conditional permanent resident status in the United
29 States.
30 (b) An applicant for a driving record card under IC 9-24-3.5 or
31 a driving record card learner's permit under IC 9-24-7-1(b) who
32 is unable to provide the documentation required under subsection
33 (a) must provide the bureau with:
34 (1) documentation of residence in Indiana as required by rules
35 adopted by the bureau under IC 4-22-2 or emergency rules
36 adopted in the manner provided under IC 4-22-2-37.1; and
37 (2) documentation of identity, including:
38 (A) a certified copy of the individual's birth certificate;
39 (B) a foreign passport; or
40 (C) other documentation considered acceptable under the
41 rules established by the bureau.
42 The bureau shall establish rules for the types of acceptable
2022	IN 1195—LS 6333/DI 139 25
1 documentation permitted under this subsection.
2 SECTION 29. IC 9-24-10-4, AS AMENDED BY P.L.111-2021,
3 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsection (c), an
5 examination for a learner's permit, or driver's license, driving record
6 card learner's permit, or driving record card must include the
7 following:
8 (1) A test of the following of the applicant:
9 (A) Eyesight.
10 (B) Ability to read and understand highway signs regulating,
11 warning, and directing traffic.
12 (C) Knowledge of Indiana traffic laws, including IC 9-26-1-1.5
13 and IC 9-21-12-1.
14 (2) An actual demonstration of the applicant's skill in exercising
15 ordinary and reasonable control in the operation of a motor
16 vehicle under the type of permit or driver's license applied for.
17 (b) The examination may include further physical and mental
18 examination that the bureau finds necessary to determine the
19 applicant's fitness to operate a motor vehicle safely upon a highway.
20 The applicant must provide the motor vehicle used in the examination.
21 An autocycle may not be used as the motor vehicle provided for the
22 examination.
23 (c) The bureau may waive:
24 (1) the testing required under subsection (a)(1)(A) if the applicant
25 provides evidence from a licensed ophthalmologist or licensed
26 optometrist that the applicant's vision is fit to operate a motor
27 vehicle in a manner that does not jeopardize the safety of
28 individuals or property;
29 (2) the actual demonstration required under subsection (a)(2) for
30 an individual who has passed:
31 (A) a driver's education class and a skills test given by a driver
32 training school;
33 (B) a driver education program given by an entity licensed
34 under IC 9-27; or
35 (C) a skills assessment conducted by a third party approved by
36 the bureau;
37 (3) the testing, other than eyesight testing under subsection
38 (a)(1)(A), of an applicant who has passed:
39 (A) an examination concerning:
40 (i) subsection (a)(1)(B); and
41 (ii) subsection (a)(1)(C); and
42 (B) a skills test;
2022	IN 1195—LS 6333/DI 139 26
1 given by a driver training school or an entity licensed under
2 IC 9-27; and
3 (4) the testing, other than the eyesight testing described in
4 subsection (a)(1)(A), of an applicant who:
5 (A) is at least eighteen (18) years of age;
6 (B) was previously a nonresident but now qualifies as an
7 Indiana resident at the time of application; and
8 (C) holds a valid driver's license, excluding a learner's permit
9 or its equivalent, from the applicant's state of prior residence.
10 (d) The following are not civilly or criminally liable for a report
11 made in good faith to the bureau, commission, or driver licensing
12 medical advisory board concerning the fitness of the applicant to
13 operate a motor vehicle in a manner that does not jeopardize the safety
14 of individuals or property:
15 (1) An instructor having a license under IC 9-27-6-8.
16 (2) A licensed ophthalmologist or licensed optometrist.
17 SECTION 30. IC 9-24-10-7, AS AMENDED BY P.L.111-2021,
18 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 7. (a) If the bureau has good cause to believe that
20 a licensed driver is:
21 (1) incompetent; or
22 (2) otherwise unfit to operate a motor vehicle;
23 the bureau may, upon written notice of at least five (5) days, require the
24 licensed driver to submit to an examination, an investigation of the
25 driver's continued fitness to operate a motor vehicle safely, including
26 requesting medical information from the driver or the driver's health
27 care sources, or both an examination and an investigation.
28 (b) Upon the conclusion of all examinations and investigations of a
29 driver under this section, the bureau:
30 (1) shall take appropriate action; and
31 (2) may:
32 (A) suspend or revoke the driver's license, driving record
33 card, or driving privileges of the licensed driver;
34 (B) permit the licensed driver to retain the driver's license,
35 driving record card, or driving privileges of the licensed
36 driver; or
37 (C) issue restricted driving privileges subject to restrictions the
38 bureau considers necessary in the interest of public safety.
39 (c) If a licensed driver refuses or neglects to submit to an
40 examination or investigation under this section, the bureau may
41 suspend or revoke the driver's license, driving record card, or driving
42 privileges of the licensed driver. The bureau may not suspend or revoke
2022	IN 1195—LS 6333/DI 139 27
1 the driver's license, driving record card, or driving privileges of the
2 licensed driver until a reasonable investigation of the driver's continued
3 fitness to operate a motor vehicle safely has been made by the bureau.
4 SECTION 31. IC 9-24-11-3.5, AS AMENDED BY P.L.147-2018,
5 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2022]: Sec. 3.5. (a) This section applies:
7 (1) to an individual who is less than twenty-one (21) years of age;
8 and
9 (2) during the one hundred eighty (180) day period after the
10 individual is issued a driver's license or driving record card
11 under this article.
12 (b) An individual may not operate a motor vehicle:
13 (1) from 10 p.m. until 5 a.m. of the following morning, unless the
14 individual is:
15 (A) participating in, going to, or returning from:
16 (i) lawful employment;
17 (ii) a school sanctioned activity; or
18 (iii) a religious event; or
19 (B) accompanied in the front seat of the motor vehicle by a
20 licensed driver with valid driving privileges who is:
21 (i) at least twenty-five (25) years of age; or
22 (ii) if the licensed driver is the individual's spouse, at least
23 twenty-one (21) years of age; or
24 (2) in which there are passengers, unless:
25 (A) each passenger in the motor vehicle is:
26 (i) a child or stepchild of the individual;
27 (ii) a sibling of the individual, including step or half
28 siblings;
29 (iii) the spouse of the individual;
30 (iv) a parent or legal guardian of the individual;
31 (v) a grandparent of the individual; or
32 (vi) any combination of individuals described in items (i)
33 through (v); or
34 (B) the individual is accompanied in the front seat of the motor
35 vehicle by a licensed driver with valid driving privileges who
36 is:
37 (i) at least twenty-five (25) years of age; or
38 (ii) if the licensed driver is the individual's spouse, at least
39 twenty-one (21) years of age.
40 SECTION 32. IC 9-24-11-4, AS AMENDED BY P.L.120-2020,
41 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 4. (a) This section does not apply to the
2022	IN 1195—LS 6333/DI 139 28
1 possession of a driving record card or a driving record card
2 learner's permit.
3 (a) (b) Except as provided in subsection subsections (a) and (d),
4 (e), an individual may not hold or possess more than one (1) credential
5 at a time.
6 (b) (c) An individual may not hold or possess:
7 (1) a credential; and
8 (2) a driver's license or identification card issued by a government
9 authority that issues driver's licenses and identification cards from
10 another state, territory, federal district, commonwealth, or
11 possession of the United States.
12 (c) (d) An individual shall destroy or surrender to the bureau any
13 and all credentials, driver's licenses, or identification cards that would
14 cause the individual to violate subsection (a) or (b). (b) or (c).
15 (d) (e) An individual may hold both a credential in physical form
16 and in the form of a mobile credential issued under this article at the
17 same time.
18 (e) (f) An individual who violates this section commits a Class C
19 infraction.
20 (f) Notwithstanding the July 1, 2021, effective date in HEA
21 1506-2019, SECTION 48 (P.L.178-2019), this section takes effect July
22 1, 2020 (rather than July 1, 2021).
23 SECTION 33. IC 9-24-11-5, AS AMENDED BY P.L.120-2020,
24 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 5. (a) Except as provided in subsection (d), a
26 learner's permit, or driver's license, driving record card learner's
27 permit, or driving record card issued under this article must contain
28 the following information:
29 (1) The full legal name of the permittee or licensee.
30 (2) The date of birth of the permittee or licensee.
31 (3) The address of the principal residence of the permittee or
32 licensee.
33 (4) The hair color and eye color of the permittee or licensee.
34 (5) The date of issue and expiration date of the permit or license.
35 (6) The gender of the permittee or licensee.
36 (7) The unique identifying number of the permit or license.
37 (8) The weight of the permittee or licensee.
38 (9) The height of the permittee or licensee.
39 (10) A reproduction of the signature of the permittee or licensee.
40 (11) If the permittee or licensee is less than eighteen (18) years of
41 age at the time of issuance, the dates, notated prominently, on
42 which the permittee or licensee will become:
2022	IN 1195—LS 6333/DI 139 29
1 (A) eighteen (18) years of age; and
2 (B) twenty-one (21) years of age.
3 (12) If the permittee or licensee is at least eighteen (18) years of
4 age but less than twenty-one (21) years of age at the time of
5 issuance, the date, notated prominently, on which the permittee or
6 licensee will become twenty-one (21) years of age.
7 (13) Except as provided in subsection (b), a digital photograph of
8 the permittee or licensee.
9 (b) The bureau may provide for the omission of a photograph or
10 computerized image from any driver's license, or learner's permit,
11 driving record card, or driving record card learner's permit if
12 there is good cause for the omission. However, a driver's license, or
13 learner's permit, driving record card, or driving record card
14 learner's permit issued without a digital photograph must include a
15 statement that indicates that the driver's license, or learner's permit,
16 driving record card, or driving record card learner's permit may
17 not be accepted by a federal agency for federal identification or any
18 other federal purpose.
19 (c) A driver's license or learner's permit issued to an individual who:
20 (1) has a valid, unexpired nonimmigrant visa or has nonimmigrant
21 visa status for entry in the United States;
22 (2) has a pending application for asylum in the United States;
23 (3) has a pending or approved application for temporary protected
24 status in the United States;
25 (4) has approved deferred action status; or
26 (5) has a pending application for adjustment of status to that of an
27 alien lawfully admitted for permanent residence in the United
28 States or conditional permanent residence status in the United
29 States;
30 must be clearly identified as a temporary driver's license or learner's
31 permit. A temporary driver's license or learner's permit issued under
32 this subsection may not be renewed without the presentation of valid
33 documentary evidence proving that the licensee's or permittee's
34 temporary status has been extended.
35 (d) For purposes of subsection (a), an individual certified as a
36 program participant in the address confidentiality program under
37 IC 5-26.5 is not required to provide the address of the individual's
38 principal residence, but may provide an address designated by the
39 office of the attorney general under IC 5-26.5 as the address of the
40 individual's principal residence.
41 (e) Notwithstanding the July 1, 2021, effective date in HEA
42 1506-2019, SECTION 49 (P.L.178-2019), this section takes effect July
2022	IN 1195—LS 6333/DI 139 30
1 1, 2020 (rather than July 1, 2021).
2 SECTION 34. IC 9-24-11-5.5, AS AMENDED BY P.L.120-2020,
3 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 5.5. (a) If an individual has:
5 (1) indicated on the application for a driver's license or learner's
6 permit that the individual is a veteran and wishes to have an
7 indication of the individual's veteran status appear on the driver's
8 license or learner's permit; and
9 (2) provided proof at the time of application of the individual's
10 veteran status;
11 an indication of the individual's veteran status shall be shown on the
12 driver's license or learner's permit.
13 (b) If an individual has:
14 (1) indicated on the individual's application for a driver's license
15 or learner's permit that the applicant:
16 (A) is a surviving spouse of a veteran; and
17 (B) wishes to have an indication of the applicant's status as a
18 surviving spouse of a veteran appear on the driver's license or
19 learner's permit; and
20 (2) provided the documentation necessary to verify that the
21 applicant was married, at the time of the decedent's death, to a
22 veteran;
23 an indication of the individual's status as a surviving spouse of a
24 veteran shall be shown on the driver's license or learner's permit.
25 (c) If an individual submits information concerning the individual's
26 medical condition in conjunction with the individual's application for
27 a driver's license, or learner's permit, driving record card, or driving
28 record card learner's permit, the bureau shall place an identifying
29 symbol in a prominent location on a driver's license, or learner's permit,
30 driving record card, or driving record card learner's permit to
31 indicate that the individual has a medical condition of note. The bureau
32 shall include information on the individual's driver's license, or
33 learner's permit, driving record card, or driving record card
34 learner's permit that briefly describes the individual's medical
35 condition. The information must be notated in a manner that alerts an
36 individual reading the driver's license, or learner's permit, driving
37 record card, or driving record card learner's permit to the
38 existence of the medical condition. The individual submitting the
39 information concerning the medical condition is responsible for its
40 accuracy.
41 (d) Notwithstanding the July 1, 2021, effective date in HEA
42 1506-2019, SECTION 50 (P.L.178-2019), this section takes effect July
2022	IN 1195—LS 6333/DI 139 31
1 1, 2020 (rather than July 1, 2021).
2 SECTION 35. IC 9-24-11-7, AS AMENDED BY P.L.198-2016,
3 SECTION 486, IS AMENDED TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2022]: Sec. 7. The bureau, when issuing a
5 permit or driver's license, may, whenever good cause appears, impose
6 restrictions suitable to the licensee's or permittee's driving ability with
7 respect to the type of or special mechanical control devices required on
8 a motor vehicle that the licensee operates. The bureau may impose
9 other restrictions applicable to the licensee or permittee that the bureau
10 determines are appropriate to assure the safe operation of a motor
11 vehicle by the licensee or permittee, including a requirement to take
12 prescribed medication. When the restrictions are imposed, the bureau
13 may:
14 (1) issue either a special restricted license or a special restricted
15 permit; or shall
16 (2) set forth the restrictions upon the usual license or permit
17 form.
18 SECTION 36. IC 9-24-12-0.5, AS AMENDED BY P.L.198-2016,
19 SECTION 489, IS AMENDED TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2022]: Sec. 0.5. (a) A learner's permit expires
21 two (2) years after the date of issuance.
22 (b) A driving record card learner's permit expires one (1) year
23 after the date of issuance.
24 (b) (c) A motorcycle permit expires one (1) year after the date of
25 issuance. A motorcycle permit may be renewed one (1) time for a
26 period of one (1) year. An individual who does not obtain a motorcycle
27 endorsement under IC 9-24-8.5 before the expiration of the renewed
28 motorcycle permit may not reapply for a new motorcycle permit for a
29 period of one (1) year after the date of expiration of the renewed
30 motorcycle permit.
31 (c) (d) A commercial learner's permit expires one hundred eighty
32 (180) days after the date of issuance. The bureau may issue not more
33 than three (3) commercial learner's permits to an individual within a
34 twenty-four (24) month period.
35 (d) (e) The fee to renew a permit that expires under this section is
36 the applicable fee to issue the permit under this article.
37 SECTION 37. IC 9-24-12-1, AS AMENDED BY P.L.111-2021,
38 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]: Sec. 1. (a) Except as provided in sections 10 and 11 of
40 this chapter, a driver's license issued to an applicant who is at least
41 seventy-five (75) years of age expires at midnight of the birthday of the
42 holder that occurs three (3) years following the date of issuance.
2022	IN 1195—LS 6333/DI 139 32
1 (b) Except as provided in subsections (a) and (c) and sections 10
2 and 11 of this chapter, a driver's license issued under this article
3 expires at midnight of the birthday of the holder that occurs six (6)
4 years following the date of issuance.
5 (c) A driver's license issued to an individual who is less than
6 twenty-one (21) years of age expires at midnight of the date thirty (30)
7 days after the twenty-first birthday of the holder. However, if the
8 individual complies with IC 9-24-9-2.5(5) IC 9-24-9-2.5(a)(5) through
9 IC 9-24-9-2.5(9), IC 9-24-9-2.5(a)(9), the driver's license expires:
10 (1) at midnight one (1) year after issuance if there is no expiration
11 date on the authorization granted to the individual to remain in the
12 United States; or
13 (2) if there is an expiration date on the authorization granted to
14 the individual to remain in the United States, the earlier of the
15 following:
16 (A) At midnight of the date the authorization to remain in the
17 United States expires.
18 (B) At midnight of the date thirty (30) days after the
19 twenty-first birthday of the holder.
20 SECTION 38. IC 9-24-12-2.5 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2022]: Sec. 2.5. Except as provided in section
23 11 of this chapter, a driving record card issued to an applicant
24 expires at midnight of the birthday of the holder that occurs one (1)
25 year following the date of issuance.
26 SECTION 39. IC 9-24-12-4, AS AMENDED BY P.L.111-2021,
27 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsections (c), and
29 (d), and (e), the application for renewal of:
30 (1) a driver's license;
31 (2) a chauffeur's license (before the expiration of IC 9-24-4 on
32 July 1, 2024);
33 (3) a public passenger chauffeur's license (before the expiration
34 of IC 9-24-5 on July 1, 2022);
35 (4) an identification card; or
36 (5) a photo exempt identification card; or
37 (6) a driving record card;
38 under this article may be filed not more than twenty-four (24) months
39 before the expiration date of the license, identification card, or photo
40 exempt identification card held by the applicant.
41 (b) Except as provided in subsections (c) and (d), an application for
42 the renewal of a learner's permit issued under this article may be filed
2022	IN 1195—LS 6333/DI 139 33
1 not more than thirty (30) days before the expiration of the learner's
2 permit.
3 (c) When the applicant complies with IC 9-24-9-2.5(5)
4 IC 9-24-9-2.5(a)(5) through IC 9-24-9-2.5(10), IC 9-24-9-2.5(a)(10),
5 an application for renewal of a driver's license in subsection (a)(1),
6 (a)(2), or (a)(3) may be filed not more than one (1) month before the
7 expiration date of the license held by the applicant.
8 (d) When the applicant complies with IC 9-24-16-3.5(1)(E) through
9 IC 9-24-16-3.5(1)(J), an application for renewal of an identification
10 card under subsection (a)(4) may be filed not more than one (1) month
11 before the expiration date of the identification card held by the
12 applicant.
13 (e) When the applicant complies with IC 9-24-9-2.5(b), an
14 application for renewal of a driving record card under subsection
15 (a)(6) may be filed not more than one (1) month before the
16 expiration date of the driving record card held by the applicant.
17 SECTION 40. IC 9-24-12-5, AS AMENDED BY P.L.111-2021,
18 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 5. (a) Except as provided in subsection (b), and
20 subject to subsection (d), an individual applying for renewal of a
21 driver's license (issued under IC 9-24-3), or a chauffeur's license, or a
22 public passenger chauffeur's license, or a driving record card,
23 including any endorsements in effect with respect to the license or
24 driving record card, must apply in person at a license branch and do
25 the following:
26 (1) Pass an eyesight examination.
27 (2) Pass a written examination if:
28 (A) the applicant has at least six (6) active points on the
29 applicant's driving record maintained by the bureau;
30 (B) the applicant has not reached the applicant's twenty-first
31 birthday and has active points on the applicant's driving record
32 maintained by the bureau; or
33 (C) the applicant is in possession of a driver's license or
34 driving record card that is expired beyond one hundred
35 eighty (180) days.
36 (b) The holder of a driver's license (issued under IC 9-24-3), a
37 chauffeur's or a public passenger chauffeur's license, or a learner's
38 permit issued under IC 9-24-7 may renew the license, including any
39 endorsements in effect with respect to the license, by mail or by
40 electronic service, subject to the following conditions:
41 (1) A valid computerized image of the individual must exist
42 within the records of the bureau.
2022	IN 1195—LS 6333/DI 139 34
1 (2) The previous renewal of the individual's driver's license
2 (issued under IC 9-24-3), chauffeur's or public passenger
3 chauffeur's license, or a learner's permit issued under IC 9-24-7
4 must not have been by mail or by electronic service.
5 (3) The application for or previous renewal of the individual's
6 license or permit must have included a test of the individual's
7 eyesight approved by the bureau.
8 (4) If the individual were applying for the license or permit
9 renewal in person at a license branch, the individual would not be
10 required under subsection (a)(2) to submit to a written
11 examination.
12 (5) The individual must be a citizen of the United States, as
13 shown in the records of the bureau.
14 (6) There must not have been any change in the:
15 (A) address; or
16 (B) name;
17 of the individual since the issuance or previous renewal of the
18 individual's driver's license (issued under IC 9-24-3), chauffeur's
19 or public passenger chauffeur's license, or a learner's permit
20 issued under IC 9-24-7.
21 (7) The driver's license (issued under IC 9-24-3), chauffeur's or
22 public passenger chauffeur's license, or a learner's permit issued
23 under IC 9-24-7 of the individual must not be:
24 (A) suspended; or
25 (B) expired more than one hundred eighty (180) days;
26 at the time of the application for renewal.
27 (8) If the individual is seventy-five (75) years of age or older at
28 the time of the application for renewal, the individual must
29 provide proof, on a form approved by the bureau, that the
30 individual has passed an eyesight examination within thirty (30)
31 days prior to the renewal application.
32 (c) An individual applying for the renewal of a driver's license
33 (issued under IC 9-24-3), a chauffeur's license, or a public passenger
34 chauffeur's license, or a learner's permit issued under IC 9-24-7, a
35 driving record card, or a driving record card learner's permit,
36 including any endorsements in effect with respect to the license,
37 driving record card, or permit, must apply in person at a license
38 branch under subsection (a) if the individual is not entitled to apply by
39 mail or by electronic service under subsection (b).
40 (d) The bureau may not issue or renew a chauffeur's or a public
41 passenger chauffeur's license after December 31, 2016. If a holder of
42 a chauffeur's or a public passenger chauffeur's license applies after
2022	IN 1195—LS 6333/DI 139 35
1 December 31, 2016, for renewal of the chauffeur's or public passenger
2 chauffeur's license, the bureau shall issue to the holder a driver's
3 license under IC 9-24-3 with a for-hire endorsement if the holder:
4 (1) applies in a form and manner prescribed by the bureau; and
5 (2) satisfies the requirements for renewal of a driver's license
6 issued under IC 9-24-3, including the fee and examination
7 requirements under this section.
8 (e) An individual applying for the renewal of a driver's license
9 issued under IC 9-24-3 or driving record card issued under
10 IC 9-24-3.5 shall pay the following applicable fee:
11 (1) If the individual is less than seventy-five (75) years of age,
12 seventeen dollars and fifty cents ($17.50). The fee shall be
13 distributed as follows:
14 (A) Fifty cents ($0.50) to the state motor vehicle technology
15 fund.
16 (B) Two dollars ($2) to the crossroads 2000 fund.
17 (C) Four dollars and fifty cents ($4.50) to the motor vehicle
18 highway account.
19 (D) One dollar and twenty-five cents ($1.25) to the integrated
20 public safety communications fund.
21 (E) Nine dollars and twenty-five cents ($9.25) to the
22 commission fund.
23 (2) If the individual is at least seventy-five (75) years of age and
24 less than eighty-five (85) years of age, eleven dollars ($11). The
25 fee shall be distributed as follows:
26 (A) Fifty cents ($0.50) to the state motor vehicle technology
27 fund.
28 (B) One dollar and fifty cents ($1.50) to the crossroads 2000
29 fund.
30 (C) Three dollars ($3) to the motor vehicle highway account.
31 (D) One dollar and twenty-five cents ($1.25) to the integrated
32 public safety communications fund.
33 (E) Four dollars and seventy-five cents ($4.75) to the
34 commission fund.
35 (3) If the individual is at least eighty-five (85) years of age, seven
36 dollars ($7). The fee shall be distributed as follows:
37 (A) Fifty cents ($0.50) to the state motor vehicle technology
38 fund.
39 (B) One dollar ($1) to the crossroads 2000 fund.
40 (C) Two dollars ($2) to the motor vehicle highway account.
41 (D) One dollar and twenty-five cents ($1.25) to the integrated
42 public safety communications fund.
2022	IN 1195—LS 6333/DI 139 36
1 (E) Two dollars and twenty-five cents ($2.25) to the
2 commission fund.
3 A fee paid under this subsection after December 31, 2016, includes the
4 renewal of any endorsements that are in effect with respect to the
5 driver's license issued under IC 9-24-3 at the time of renewal.
6 SECTION 41. IC 9-24-12-11, AS AMENDED BY P.L.198-2016,
7 SECTION 497, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2022]: Sec. 11. (a) This section applies to:
9 (1) a driver's license other than a commercial driver's license; and
10 (2) a driving record card issued under IC 9-24-3.5.
11 (b) If the birthday of a holder on which the holder's driver's license
12 or driving record card would otherwise expire falls on:
13 (1) Sunday;
14 (2) a legal holiday (as set forth in IC 1-1-9-1); or
15 (3) a weekday when all license branches in the county of
16 residence of the holder are closed;
17 the driver's license or driving record card of the holder does not
18 expire until midnight of the first day after the birthday on which a
19 license branch is open for business in the county of residence of the
20 holder.
21 (c) A driver's license issued to an applicant who complies with
22 IC 9-24-9-2.5(5) IC 9-24-9-2.5(a)(5) through IC 9-24-9-2.5(10)
23 IC 9-24-9-2.5(a)(10) expires:
24 (1) at midnight one (1) year after issuance if there is no expiration
25 date on the authorization granted to the individual to remain in the
26 United States; or
27 (2) if there is an expiration date on the authorization granted to
28 the individual to remain in the United States, the earlier of the
29 following:
30 (A) At midnight of the date the authorization of the holder to
31 be a legal permanent resident or conditional resident alien of
32 the United States expires.
33 (B) At midnight of the birthday of the holder that occurs six
34 (6) years after the date of issuance.
35 SECTION 42. IC 9-24-12-13, AS ADDED BY P.L.198-2016,
36 SECTION 499, IS AMENDED TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2022]: Sec. 13. An individual who fails to
38 renew the individual's driver's license or driving record card on or
39 before the driver's license expiration date of the driver's license or
40 driving record card shall pay to the bureau an administrative penalty
41 as follows:
42 (1) Before January 1, 2017, an administrative penalty of five
2022	IN 1195—LS 6333/DI 139 37
1 dollars ($5).
2 (2) After December 31, 2016, an administrative penalty of six
3 dollars ($6).
4 An administrative penalty shall be deposited in the commission fund.
5 SECTION 43. IC 9-24-13-1, AS AMENDED BY P.L.198-2016,
6 SECTION 500, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2022]: Sec. 1. An individual holding a driver's
8 license or driving record card issued under this article may exercise
9 the privilege granted by the driver's license or driving record card
10 upon all highways and is not required to obtain any other driver's
11 license to exercise the privilege by a county, municipal, or local board
12 or by any body having authority to adopt local police regulations.
13 SECTION 44. IC 9-24-14-3.5, AS AMENDED BY P.L.111-2021,
14 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 3.5. (a) An individual may apply for a
16 replacement driver's license or learner's permit by electronic service,
17 subject to the following conditions:
18 (1) A valid computerized image or digital photograph of the
19 individual must exist within the records of the bureau.
20 (2) The individual must be a citizen of the United States, as
21 shown in the records of the bureau.
22 (b) An individual applying for a replacement of a driver's license, or
23 a learner's permit, driving record card, or driving record card
24 learner's permit must apply in person at a license branch if the
25 individual is not entitled to apply by mail or by electronic service under
26 subsection (a).
27 SECTION 45. IC 9-24-18-1, AS AMENDED BY P.L.111-2021,
28 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]: Sec. 1. (a) An individual, except an individual
30 exempted under IC 9-24-1-7, who knowingly or intentionally operates
31 a motor vehicle upon a highway and has never received a valid driver's
32 license or driving record card commits a Class C misdemeanor.
33 However, the offense is a Class A misdemeanor if the individual has a
34 prior unrelated conviction under this section.
35 (b) In a prosecution under this section, the burden is on the
36 defendant to prove by a preponderance of the evidence that the
37 defendant:
38 (1) had been issued a driver's license or permit that was valid; or
39 (2) was operating a motor driven cycle;
40 at the time of the alleged offense. However, it is not a defense under
41 subdivision (2) if the defendant was operating the motor driven cycle
42 in violation of IC 9-21-11-12.
2022	IN 1195—LS 6333/DI 139 38
1 SECTION 46. IC 9-24-18-6, AS AMENDED BY P.L.198-2016,
2 SECTION 530, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2022]: Sec. 6. In a proceeding to enforce
4 IC 9-24-1 requiring the operator of a motor vehicle to have a certain
5 type of driver's license or permit, the burden is on the defendant to
6 prove by a preponderance of the evidence that the defendant had been
7 issued the applicable driver's license or permit and that the driver's
8 license or permit was valid at the time of the alleged offense.
9 SECTION 47. IC 9-24-18-7.5, AS AMENDED BY P.L.198-2016,
10 SECTION 531, IS AMENDED TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2022]: Sec. 7.5. (a) A person that knowingly or
12 intentionally counterfeits or falsely reproduces a driver's license:
13 (1) with intent to use the driver's license; or
14 (2) to permit an individual to use the driver's license;
15 commits a Class B misdemeanor.
16 (b) A person that knowingly or intentionally counterfeits or
17 falsely reproduces a driving record card:
18 (1) with intent to use the driving record card; or
19 (2) to permit an individual to use the driving record card;
20 commits a Class B misdemeanor.
21 SECTION 48. IC 9-24-18-9, AS AMENDED BY P.L.198-2016,
22 SECTION 532, IS AMENDED TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) The bureau may establish a
24 driving record for an Indiana resident who does not hold any type of
25 valid driving license or driving record card. The driving record shall
26 be established for an unlicensed driver when the bureau receives an
27 abstract of court conviction for the type of conviction that would appear
28 on an official driver's record.
29 (b) If an unlicensed driver applies for and receives any type of
30 driver's license or driving record card in Indiana, the individual's
31 driving record as an unlicensed driver shall be recorded on the
32 permanent record file.
33 (c) The bureau shall also certify traffic violation convictions on the
34 driving record of an unlicensed driver who subsequently receives an
35 Indiana driver's license or a driving record card.
36 (d) A driving record established under this section must include the
37 following:
38 (1) The individual's convictions for any of the following:
39 (A) A moving traffic violation.
40 (B) Operating a vehicle without financial responsibility in
41 violation of IC 9-25.
42 (2) Any administrative penalty imposed by the bureau.
2022	IN 1195—LS 6333/DI 139 39
1 (3) Any suspensions, revocations, or reinstatements of the
2 individual's driving privileges, license, or permit.
3 (4) If the driving privileges of the individual have been suspended
4 or revoked by the bureau, an entry in the record stating that a
5 notice of suspension or revocation was mailed to the individual by
6 the bureau and the date of the mailing of the notice.
7 (5) Any requirement that the individual may operate only a motor
8 vehicle equipped with a certified ignition interlock device.
9 A driving record may not contain voter registration information.
10 SECTION 49. IC 9-25-6-7, AS AMENDED BY P.L.125-2012,
11 SECTION 263, IS AMENDED TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2022]: Sec. 7. Except as provided in sections 5
13 and 6 of this chapter, a suspension required in sections 4 and 6 of this
14 chapter remains in effect and no other motor vehicle may be registered
15 in the name of the judgment debtor or a new license or driving record
16 card issued to the judgment debtor, until the following occur:
17 (1) The judgment is satisfied or stayed.
18 (2) The judgment debtor gives proof of future financial
19 responsibility for three (3) years, as provided in this article.
20 SECTION 50. IC 9-25-6-15, AS AMENDED BY P.L.86-2021,
21 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2022]: Sec. 15. (a) Except as provided in subsection (e), an
23 individual:
24 (1) whose driving privileges are suspended under this article; and
25 (2) who seeks the reinstatement of the driving privileges;
26 must pay a reinstatement fee to the bureau as provided in subsection
27 (b).
28 (b) The reinstatement fee under subsection (a) is as follows:
29 (1) For a first suspension, two hundred fifty dollars ($250).
30 (2) For a second suspension, five hundred dollars ($500).
31 (3) For a third or subsequent suspension, one thousand dollars
32 ($1,000).
33 (c) Each fee paid under this section or section 15.1 of this chapter
34 shall be deposited in the financial responsibility compliance
35 verification fund established by IC 9-25-9-7 as follows:
36 (1) Forty-eight percent (48%) of a fee paid after a first suspension.
37 (2) Thirty-nine percent (39%) of a fee paid after a second
38 suspension.
39 (3) Twenty-seven percent (27%) of a fee paid after a third or
40 subsequent suspension.
41 The remaining amount of each fee paid under this section or section
42 15.1 of this chapter must be deposited in the motor vehicle highway
2022	IN 1195—LS 6333/DI 139 40
1 account.
2 (d) If:
3 (1) a person's driving privileges are suspended for registering or
4 operating a vehicle in violation of IC 9-25-4-1;
5 (2) the person is required to pay a fee for the reinstatement of the
6 person's license or driving record card under this section; and
7 (3) the person later establishes that the person did not register or
8 operate a vehicle in violation of IC 9-25-4-1;
9 the fee paid by the person under this section shall be refunded.
10 (e) An individual who has had a suspension imposed under this
11 article terminated by submitting proof of future financial responsibility
12 under IC 9-25-4-3, IC 9-25-5-1, or section 3(d) of this chapter for the
13 required time period is not required to pay a reinstatement fee under
14 this section in order to have his or her driving privileges reinstated.
15 SECTION 51. IC 9-25-7-3, AS AMENDED BY P.L.111-2021,
16 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 3. (a) The bureau shall, upon request, cancel a
18 bond or return a certificate of insurance, direct the treasurer of state to
19 return to the person entitled any money or securities deposited under
20 this article as proof of financial responsibility, or waive the requirement
21 of filing proof of financial responsibility in any of the following
22 circumstances:
23 (1) At any time after three (3) years from the date the proof was
24 required, if during the three (3) year period preceding the request
25 the person furnishing the proof has not been convicted of an
26 offense referred to in IC 9-30-4-6.1.
27 (2) If the person on whose behalf the proof was filed dies or the
28 person becomes permanently incapable of operating a motor
29 vehicle.
30 (3) If the person who has given proof of financial responsibility
31 surrenders the person's driver's license or driving record card,
32 registration certificates, and registration plates to the bureau. The
33 bureau may not release the proof if an action for damages upon a
34 liability referred to in this article is pending, a judgment upon a
35 liability is outstanding and unsatisfied, or the bureau has received
36 notice that the person has, within the period of three (3) months
37 immediately preceding, been involved as a driver in a motor
38 vehicle accident. An affidavit of the applicant of the nonexistence
39 of the facts referred to in this subdivision is sufficient evidence of
40 the nonexistence of the facts in the absence of evidence to the
41 contrary in the records of the department.
42 (b) Whenever a person to whom proof has been surrendered under
2022	IN 1195—LS 6333/DI 139 41
1 subsection (a)(3) applies for a driver's license (issued under IC 9-24-3)
2 or a chauffeur's license, a driving record card, or the registration of
3 a motor vehicle within a period of three (3) years from the date the
4 proof of financial responsibility was originally required, the bureau
5 shall reject the application unless the applicant reestablishes the proof
6 for the remainder of the period.
7 SECTION 52. IC 9-25-7-6, AS AMENDED BY P.L.198-2016,
8 SECTION 546, IS AMENDED TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) This section does not apply
10 to an Indiana resident or an individual who operates a motor vehicle in
11 Indiana.
12 (b) Subject to subsection (c), an individual:
13 (1) whose driver's license, driving privileges, or registration was
14 suspended and who is required to prove financial responsibility
15 extending into the future in order to have the individual's driving
16 privileges reinstated; and
17 (2) who no longer operates a motor vehicle in Indiana and has
18 become a nonresident;
19 is not required to prove financial responsibility into the future in order
20 to have the individual's driver's license, driving privileges, or
21 registration temporarily reinstated to allow licensing or registration in
22 the other state or foreign jurisdiction.
23 (c) An individual described in subsection (b) who, during the three
24 (3) year period following the suspension described in subsection (b)(1):
25 (1) applies to the bureau for a driver's license or driving record
26 card; or
27 (2) registers a motor vehicle in Indiana;
28 must maintain proof of future financial responsibility for the unexpired
29 portion of the three (3) year period as required under this article.
30 SECTION 53. IC 9-26-1-1.1, AS AMENDED BY P.L.184-2019,
31 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 1.1. (a) The operator of a motor vehicle involved
33 in an accident shall do the following:
34 (1) Except as provided in section 1.2 of this chapter, the operator
35 shall immediately stop the operator's motor vehicle:
36 (A) at the scene of the accident; or
37 (B) as close to the accident as possible;
38 in a manner that does not obstruct traffic more than is necessary.
39 (2) Remain at the scene of the accident until the operator does the
40 following:
41 (A) Gives the operator's name and address and the registration
42 number of the motor vehicle the operator was driving to any
2022	IN 1195—LS 6333/DI 139 42
1 person involved in the accident.
2 (B) Exhibits the operator's driver's license or driving record
3 card to any person involved in the accident or occupant of or
4 any person attending to any vehicle involved in the accident.
5 (3) If the accident results in the injury or death of another person,
6 the operator shall, in addition to the requirements of subdivisions
7 (1) and (2):
8 (A) provide reasonable assistance to each person injured in or
9 entrapped by the accident, as directed by a law enforcement
10 officer, medical personnel, or a 911 telephone operator; and
11 (B) as soon as possible after the accident, immediately give
12 notice of the accident, or ensure that another person gives
13 notice of the accident, by the quickest means of
14 communication to one (1) of the following:
15 (i) The local police department, if the accident occurs within
16 a municipality.
17 (ii) The office of the county sheriff or the nearest state police
18 post, if the accident occurs outside a municipality.
19 (iii) A 911 telephone operator.
20 (4) If the accident involves a collision with an unattended vehicle
21 or damage to property other than a vehicle, the operator shall, in
22 addition to the requirements of subdivisions (1) and (2):
23 (A) take reasonable steps to locate and notify the owner or
24 person in charge of the damaged vehicle or property of the
25 damage; and
26 (B) if after reasonable inquiry the operator cannot find the
27 owner or person in charge of the damaged vehicle or property,
28 the operator must contact a law enforcement officer or agency
29 and provide the information required by this section.
30 (b) An operator of a motor vehicle who knowingly or intentionally
31 fails to comply with subsection (a) commits leaving the scene of an
32 accident, a Class B misdemeanor. However, the offense is:
33 (1) a Class A misdemeanor if the accident results in bodily injury
34 to another person;
35 (2) a Level 6 felony if:
36 (A) the accident results in moderate or serious bodily injury to
37 another person; or
38 (B) within the five (5) years preceding the commission of the
39 offense, the operator had a previous conviction of any of the
40 offenses listed in IC 9-30-10-4(a);
41 (3) a Level 4 felony if the accident results in the death or
42 catastrophic injury of another person; and
2022	IN 1195—LS 6333/DI 139 43
1 (4) a Level 3 felony if the operator knowingly or intentionally
2 fails to stop or comply with subsection (a) during or after the
3 commission of the offense of operating while intoxicated causing
4 serious bodily injury (IC 9-30-5-4) or operating while intoxicated
5 causing death or catastrophic injury (IC 9-30-5-5).
6 (c) An operator of a motor vehicle who commits an offense under
7 subsection (b)(1), (b)(2), (b)(3), or (b)(4) commits a separate offense
8 for each person whose injury or death was a result of the accident.
9 (d) A court may order terms of imprisonment imposed on a person
10 convicted of more than one (1) offense described in subsection (b)(1),
11 (b)(2), (b)(3), or (b)(4) to run consecutively. Consecutive terms of
12 imprisonment imposed under this subsection are not subject to the
13 sentencing restrictions set forth in IC 35-50-1-2(c) through
14 IC 35-50-1-2(d).
15 SECTION 54. IC 9-26-1-1.5, AS AMENDED BY P.L.188-2015,
16 SECTION 100, IS AMENDED TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2022]: Sec. 1.5. (a) If:
18 (1) the operator of a motor vehicle is physically incapable of
19 determining the need for or rendering assistance to any injured or
20 entrapped person as required under section 1.1(a)(3) of this
21 chapter;
22 (2) there is another occupant in the motor vehicle at the time of
23 the accident who is:
24 (A) at least:
25 (i) fifteen (15) years of age and holds a learner's permit
26 issued under IC 9-24-7-1, or a driver's license issued under
27 IC 9-24-11, or a driving record card issued under
28 IC 9-24-3.5, or a driving record card learner's permit
29 issued under IC 9-24-7-1(b); or
30 (ii) eighteen (18) years of age; and
31 (B) capable of determining the need for and rendering
32 reasonable assistance to injured or entrapped persons as
33 provided in section 1.1(a)(3) of this chapter; and
34 (3) the other occupant in the motor vehicle knows that the
35 operator of the motor vehicle is physically incapable of
36 determining the need for or rendering assistance to any injured or
37 entrapped person;
38 the motor vehicle occupant referred to in subdivisions (2) and (3) shall
39 immediately determine the need for and render reasonable assistance
40 to each person injured or entrapped in the accident as provided in
41 section 1.1(a)(3) of this chapter.
42 (b) If there is more than one (1) motor vehicle occupant to whom
2022	IN 1195—LS 6333/DI 139 44
1 subsection (a) applies, it is a defense to a prosecution of one (1) motor
2 vehicle occupant under subsection (a) that the defendant reasonably
3 believed that another occupant of the motor vehicle determined the
4 need for and rendered reasonable assistance as required under
5 subsection (a).
6 (c) A person who knowingly or intentionally violates this section
7 commits a Class C misdemeanor.
8 SECTION 55. IC 9-27-6-3, AS AMENDED BY P.L.92-2020,
9 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 3. (a) As used in this chapter, "driver training
11 school" means:
12 (1) a business enterprise that:
13 (A) is conducted by an individual, an association, a
14 partnership, a limited liability company, or a corporation for
15 the education and training of persons, practically or
16 theoretically, or both, to operate or drive motor vehicles or to
17 prepare an applicant for an examination or validation under
18 IC 9-24 for a driver's license or driving record card; and
19 (B) charges consideration or tuition for the provision of
20 services; or
21 (2) a driver education program operated under the authority of:
22 (A) a school corporation (as defined in IC 36-1-2-17);
23 (B) a state accredited nonpublic secondary school that
24 voluntarily becomes accredited under IC 20-31-4.1;
25 (C) a postsecondary proprietary educational institution (as
26 defined in IC 22-4.1-21-9);
27 (D) a postsecondary credit bearing proprietary educational
28 institution (as defined in IC 21-18.5-2-12);
29 (E) a state educational institution (as defined in
30 IC 21-7-13-32); or
31 (F) a nonaccredited nonpublic school.
32 (b) The term does not include a business enterprise that educates or
33 trains a person or prepares a person for an examination or a validation
34 given by the bureau to operate or drive a motor vehicle as a vocation.
35 SECTION 56. IC 9-27-6-4, AS AMENDED BY P.L.85-2013,
36 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 4. As used in this chapter, "instructor" means the
38 following:
39 (1) An individual, whether acting as the operator of a driver
40 training school or on behalf of a driver training school, who for
41 compensation teaches, conducts classes for, gives demonstrations
42 to, or supervises the practice of individuals learning to operate or
2022	IN 1195—LS 6333/DI 139 45
1 drive motor vehicles or preparing to take an examination for a
2 driver's license or driving record card.
3 (2) An individual who supervises the work of an instructor.
4 (3) An individual licensed under IC 20-28-5-1.
5 (4) An individual under the authority of a postsecondary
6 proprietary educational institution (as defined in IC 22-4.1-21-9)
7 or a postsecondary credit bearing proprietary educational
8 institution (as defined in IC 21-18.5-2-12) who is teaching,
9 conducting classes for, giving demonstrations to, or supervising
10 the practice of individuals learning to operate or drive motor
11 vehicles or preparing to take an examination for a driver's license
12 or driving record card.
13 (5) An individual under the authority of a state educational
14 institution (as defined in IC 21-7-13-32) who is teaching,
15 conducting classes for, giving demonstrations to, or supervising
16 the practice of individuals learning to operate or drive motor
17 vehicles or preparing to take an examination for a driver's license
18 or driving record card.
19 SECTION 57. IC 9-27-6-5, AS AMENDED BY P.L.85-2013,
20 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 5. (a) As used in this section, "advisory board"
22 refers to the driver education advisory board established by subsection
23 (b).
24 (b) The driver education advisory board is established to advise the
25 commissioner in the administration of the policies of the commission
26 and the bureau regarding driver education.
27 (c) The advisory board is composed of seven (7) individuals
28 appointed by the commissioner as follows:
29 (1) Three (3) members must be driver education professionals
30 endorsed by the bureau under section 8 of this chapter. In the
31 selection of individuals for membership under this subdivision,
32 consideration must be given to driver education instruction
33 performed in urban and rural areas.
34 (2) One (1) member must be a traffic safety advocate.
35 (3) One (1) member must be a representative of the bureau.
36 (4) One (1) member must be a representative of higher education.
37 (5) One (1) member must be a representative of the insurance
38 industry.
39 (d) A member of the advisory board serves a two (2) year term. A
40 member may not be appointed to more than two (2) consecutive full
41 terms. Each member serves until the member's successor is appointed
42 and qualified.
2022	IN 1195—LS 6333/DI 139 46
1 (e) A member of the advisory board may be removed for good
2 cause.
3 (f) A vacancy on the advisory board shall be filled by the
4 appointment by the commissioner of an individual to fill the position
5 to which the vacating member was appointed under subsection (c) for
6 the vacating member's unexpired term.
7 (g) The advisory board shall:
8 (1) consult with and advise the commissioner in the
9 administration of the policies of the commission and the bureau
10 regarding driver education; and
11 (2) suggest rules regarding the education and training of persons
12 to operate or drive motor vehicles or to prepare a person for an
13 examination or validation for a driver's license or driving record
14 card.
15 (h) A member of the advisory board is not subject to liability in a
16 civil action for bodily injury or property damage arising from or
17 thought to have arisen from an action taken in good faith as a member
18 of the advisory board.
19 SECTION 58. IC 9-30-2-4 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) This section does
21 not apply to a person arrested for a misdemeanor under IC 9-30-5
22 (operating a vehicle while intoxicated).
23 (b) If a person is arrested for a misdemeanor under this title, the
24 arrested person shall be immediately taken before a court within the
25 county in which the offense charged is alleged to have been committed
26 and that has jurisdiction of the offense and is nearest or most accessible
27 to the place where the arrest is made in any of the following cases:
28 (1) When the person demands an immediate appearance before a
29 court.
30 (2) When the person is charged with an offense causing or
31 contributing to an accident resulting in injury to or death of a
32 person.
33 (3) When the person is charged with failure to stop for an accident
34 causing death, personal injuries, or damage to property.
35 (4) When the person refuses to give the person's written promise
36 to appear in court.
37 (5) When the person is charged with driving while the person's
38 license or driving record card is suspended or revoked.
39 SECTION 59. IC 9-30-3-15, AS AMENDED BY P.L.198-2016,
40 SECTION 595, IS AMENDED TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2022]: Sec. 15. In a proceeding, prosecution, or
42 hearing where the prosecuting attorney must prove that the defendant
2022	IN 1195—LS 6333/DI 139 47
1 had a prior conviction for an offense under this title, the relevant
2 portions of a certified computer printout or electronic copy made from
3 the records of the bureau are admissible as prima facie evidence of the
4 prior conviction. However, the prosecuting attorney must establish that
5 the document identifies the defendant by the defendant's driver's
6 license or driving record card number or by any other identification
7 method utilized by the bureau.
8 SECTION 60. IC 9-30-4-6.1, AS ADDED BY P.L.198-2016,
9 SECTION 598, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2022]: Sec. 6.1. (a) The bureau shall suspend
11 or revoke the current driver's license, driving record card, or driving
12 privileges and all certificates of registration and proof of registration
13 issued to or registered in the name of an individual who is convicted of
14 any of the following:
15 (1) Manslaughter or reckless homicide resulting from the
16 operation of a motor vehicle.
17 (2) Knowingly making a false application, or committing perjury
18 with respect to an application made, under:
19 (A) this chapter; or
20 (B) any other law requiring the registration of motor vehicles
21 or regulating motor vehicle operation on highways.
22 (3) Three (3) charges of criminal recklessness involving the use
23 of a motor vehicle within the preceding twelve (12) months.
24 (4) Failure to stop and give information or assistance or failure to
25 stop and disclose the individual's identity at the scene of an
26 accident that has resulted in death, personal injury, or property
27 damage in excess of two hundred dollars ($200).
28 However, and unless otherwise required by law, the bureau may not
29 suspend a certificate of registration or proof of registration if the
30 individual gives and maintains, during the three (3) years following the
31 date of suspension or revocation, proof of financial responsibility in the
32 future in the manner specified in this section.
33 (b) The bureau shall suspend a driver's license, driving record
34 card, or driving privileges of an individual upon conviction in another
35 jurisdiction for the following:
36 (1) Manslaughter or reckless homicide resulting from the
37 operation of a motor vehicle.
38 (2) Knowingly making a false application, or committing perjury
39 with respect to an application made, under:
40 (A) this chapter; or
41 (B) any other law requiring the registration of motor vehicles
42 or regulating motor vehicle operation on highways.
2022	IN 1195—LS 6333/DI 139 48
1 (3) Three (3) charges of criminal recklessness involving the use
2 of a motor vehicle within the preceding twelve (12) months.
3 (4) Failure to stop and give information or assistance or failure to
4 stop and disclose the individual's identity at the scene of an
5 accident that has resulted in death, personal injury, or property
6 damage in excess of two hundred dollars ($200).
7 However, if property damage under subdivision (4) is equal to or less
8 than two hundred dollars ($200), the bureau may determine whether
9 the driver's license, driving record card, or driving privileges and
10 certificates of registration and proof of registration shall be suspended
11 or revoked.
12 (c) An individual whose driving privileges are suspended under this
13 chapter is eligible for specialized driving privileges under IC 9-30-16.
14 (d) A suspension or revocation remains in effect and a new or
15 renewal license or driving record card may not be issued to the
16 individual and a motor vehicle may not be registered in the name of the
17 individual as follows:
18 (1) Except as provided in subdivision (2), for six (6) months after
19 the date of conviction or on the date on which the individual is
20 otherwise eligible for a license or driving record card,
21 whichever is later.
22 (2) Upon conviction of an offense described in subsection (a)(1),
23 (a)(4), (b)(1), or (b)(4), when the accident has resulted in death,
24 for a fixed period of at least two (2) years and not more than five
25 (5) years, to be fixed by the bureau based upon recommendation
26 of the court entering a conviction. A new or reinstated driver's
27 license, driving record card, or driving privileges may not be
28 issued to the individual unless that individual, within the three (3)
29 years following the expiration of the suspension or revocation,
30 gives and maintains in force at all times during the effective
31 period of a new or reinstated license or driving record card
32 proof of financial responsibility in the future in the manner
33 specified in this chapter. However, the liability of the insurance
34 carrier under a motor vehicle liability policy that is furnished for
35 proof of financial responsibility in the future as set out in this
36 chapter becomes absolute whenever loss or damage covered by
37 the policy occurs, and the satisfaction by the insured of a final
38 judgment for loss or damage is not a condition precedent to the
39 right or obligation of the carrier to make payment on account of
40 loss or damage, but the insurance carrier has the right to settle a
41 claim covered by the policy. If the settlement is made in good
42 faith, the amount must be deducted from the limits of liability
2022	IN 1195—LS 6333/DI 139 49
1 specified in the policy. A policy may not be canceled or annulled
2 with respect to a loss or damage by an agreement between the
3 carrier and the insured after the insured has become responsible
4 for the loss or damage, and a cancellation or annulment is void.
5 The policy may provide that the insured or any other person
6 covered by the policy shall reimburse the insurance carrier for
7 payment made on account of any loss or damage claim or suit
8 involving a breach of the terms, provisions, or conditions of the
9 policy. If the policy provides for limits that exceed the limits
10 specified in this chapter, the insurance carrier may plead against
11 any plaintiff, with respect to the amount of the excess limits of
12 liability, any defenses that the carrier may be entitled to plead
13 against the insured. The policy may further provide for prorating
14 of the insurance with other applicable valid and collectible
15 insurance. An action does not lie against the insurance carrier by
16 or on behalf of any claimant under the policy until a final
17 judgment has been obtained after actual trial by or on behalf of
18 any claimant under the policy.
19 (e) The bureau may take action as required in this section upon
20 receiving satisfactory evidence of a conviction of an individual in
21 another state.
22 (f) A suspension or revocation under this section or IC 9-30-13-0.5
23 stands pending appeal of the conviction to a higher court and may be
24 set aside or modified only upon the receipt by the bureau of the
25 certificate of the court reversing or modifying the judgment that the
26 cause has been reversed or modified. However, if the suspension or
27 revocation follows a conviction in a court of no record in Indiana, the
28 suspension or revocation is stayed pending appeal of the conviction to
29 a court of record.
30 (g) A person aggrieved by an order or act of the bureau under this
31 section or IC 9-30-13-0.5 may file a petition for a court review.
32 (h) An entry in the driving record of a defendant stating that notice
33 of suspension or revocation was mailed by the bureau to the defendant
34 constitutes prima facie evidence that the notice was mailed to the
35 defendant's address as shown in the records of the bureau.
36 SECTION 61. IC 9-30-5-18, AS ADDED BY P.L.125-2012,
37 SECTION 342, IS AMENDED TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2022]: Sec. 18. (a) If:
39 (1) a criminal proceeding for driving while intoxicated under
40 IC 9-30-5 is deferred under IC 12-23-5-1 through IC 12-23-5-9;
41 or
42 (2) a child alleged to be a delinquent child based upon the child's
2022	IN 1195—LS 6333/DI 139 50
1 violation of IC 9-30-5 voluntarily attends or is ordered by the
2 court under IC 31-37 to attend an alcohol and drug services
3 program;
4 the court, within ten (10) days after the defendant or child begins the
5 program, shall forward to the bureau a certified abstract of program
6 enrollment.
7 (b) The abstract must state the following:
8 (1) The defendant's or child's name, address, date of birth, and
9 driver's license or driving record card number.
10 (2) The name and location of the alcohol and drug services
11 program that the defendant or child is attending.
12 SECTION 62. IC 9-30-6-4.3, AS AMENDED BY P.L.13-2013,
13 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 4.3. (a) This section applies only to a person
15 whose motor vehicle has been seized under IC 34-24-1-1(a)(15).
16 (b) If the bureau receives an order from a court recommending that
17 the bureau not register a motor vehicle in the name of a person whose
18 motor vehicle has been seized under IC 34-24-1-1(a)(15), the bureau
19 may not register a motor vehicle in the name of the person whose motor
20 vehicle has been seized until the person proves that the person
21 possesses a driver's license or driving record card with valid driving
22 privileges.
23 SECTION 63. IC 9-30-8-1, AS AMENDED BY P.L.188-2015,
24 SECTION 112, IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2022]: Sec. 1. If a court orders the installation
26 of a certified ignition interlock device on a motor vehicle that a person
27 whose license or driving record card is restricted owns or expects to
28 operate, the court shall set the time that the installation must remain in
29 effect. However, the term may not exceed the maximum term of
30 imprisonment the court could have imposed. The person shall pay the
31 cost of installation unless the sentencing court determines that the
32 person is indigent.
33 SECTION 64. IC 9-30-8-5 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a court orders a
35 person under IC 9-30-5-16 to operate only a vehicle that is equipped
36 with an ignition interlock device, the bureau shall include that
37 condition when issuing a license or driving record card.
38 SECTION 65. IC 9-30-9-5 IS AMENDED TO READ AS
39 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If the court enters
40 an order conditionally deferring charges under section 3 of this chapter,
41 the court may do the following:
42 (1) Suspend the person's driving privileges for at least two (2)
2022	IN 1195—LS 6333/DI 139 51
1 years but not more than four (4) years.
2 (2) Impose other appropriate conditions, including the payment of
3 fees imposed under section 8 of this chapter.
4 (b) Notwithstanding IC 9-30-6-9, the defendant may be granted
5 probationary driving privileges only after the defendant's license or
6 driving record card has been suspended for at least one (1) year.
7 (c) The court may, as an alternative to a license or driving record
8 card suspension under subsection (a)(1), issue an order prohibiting the
9 defendant from operating a motor vehicle unless the motor vehicle is
10 equipped with a functioning certified ignition interlock device under
11 IC 9-30-8. An order requiring an ignition interlock device must remain
12 in effect for at least two (2) years but not more than four (4) years.
13 SECTION 66. IC 9-30-9-7 IS AMENDED TO READ AS
14 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) If the court refers
15 a defendant to the program under section 6 of this chapter, the court
16 may do the following:
17 (1) Suspend the defendant's driving privileges for at least ninety
18 (90) days but not more than four (4) years.
19 (2) Impose other appropriate conditions.
20 (b) The defendant may be granted probationary driving privileges
21 only after the defendant's license or driving record card has been
22 suspended for at least thirty (30) days under IC 9-30-6-9.
23 (c) The court may, as an alternative to a license or driving record
24 card suspension under subsection (a)(1), issue an order prohibiting the
25 defendant from operating a motor vehicle unless the motor vehicle is
26 equipped with a functioning certified ignition interlock device under
27 IC 9-30-8. An order requiring an ignition interlock device must remain
28 in effect for at least two (2) years but not more than four (4) years.
29 SECTION 67. IC 9-30-13-0.5, AS AMENDED BY P.L.198-2016,
30 SECTION 604, IS AMENDED TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2022]: Sec. 0.5. (a) A court shall forward to the
32 bureau a certified abstract of the record of the conviction of a person
33 in the court for a violation of a law relating to motor vehicles.
34 (b) If in the opinion of the court a defendant should be deprived of
35 the privilege to operate a motor vehicle upon a public highway, the
36 court may recommend the suspension of the convicted person's driving
37 privileges for a period that does not exceed the maximum period of
38 incarceration for the offense of which the person was convicted.
39 (c) The bureau shall comply with the court's recommendation.
40 (d) At the time of a conviction referred to in subsection (a) or under
41 IC 9-30-5-7, the court may obtain and destroy the defendant's current
42 driver's license or driving record card.
2022	IN 1195—LS 6333/DI 139 52
1 (e) An abstract required by this section must be in the form
2 prescribed by the bureau and, when certified, shall be accepted by an
3 administrative agency or a court as prima facie evidence of the
4 conviction and all other action stated in the abstract.
5 SECTION 68. IC 9-30-13-8, AS AMENDED BY P.L.217-2014,
6 SECTION 152, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) Upon receiving an order
8 issued by a court under IC 35-43-4-8(b) concerning a person convicted
9 of fuel theft, the bureau shall do the following:
10 (1) Suspend under subsection (b) the driving privileges of the
11 person who is the subject of the order, whether or not the person's
12 current driver's license or driving record card accompanies the
13 order.
14 (2) Mail to the last known address of the person who is the subject
15 of the order a notice:
16 (A) stating that the person's driving privileges are being
17 suspended for fuel theft;
18 (B) setting forth the date on which the suspension takes effect
19 and the date on which the suspension terminates; and
20 (C) stating that the person may be granted specialized driving
21 privileges under IC 9-30-16 if the person meets the conditions
22 for obtaining specialized driving privileges.
23 (b) The suspension of the driving privileges of a person who is the
24 subject of an order issued under IC 35-43-4-8(b):
25 (1) begins five (5) business days after the date on which the
26 bureau mails the notice to the person under subsection (a)(2); and
27 (2) terminates thirty (30) days after the suspension begins.
28 (c) A person who operates a motor vehicle during a suspension of
29 the person's driving privileges under this section commits a Class A
30 infraction unless the person's operation of the motor vehicle is
31 authorized by specialized driving privileges granted to the person under
32 IC 9-30-16.
33 (d) The bureau shall, upon receiving a record of conviction of a
34 person upon a charge of driving a motor vehicle while the driving
35 privileges, permit, or license of the person is suspended, fix the period
36 of suspension in accordance with the order of the court.
37 SECTION 69. IC 9-30-13-9, AS ADDED BY P.L.41-2016,
38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]: Sec. 9. (a) Upon receiving an order issued by a court
40 under IC 9-21-5-11(f) concerning a person who has committed the
41 infraction of violating a worksite speed limit for the second time within
42 one (1) year, the bureau shall do the following:
2022	IN 1195—LS 6333/DI 139 53
1 (1) Suspend under subsection (b) the driving privileges of the
2 person who is the subject of the order, whether or not the person's
3 current driver's license or driving record card accompanies the
4 order.
5 (2) Mail to the last known address of the person who is the subject
6 of the order a notice:
7 (A) stating that the person's driving privileges are being
8 suspended for a second or subsequent offense of exceeding a
9 worksite speed limit within one (1) year;
10 (B) setting forth the date on which the suspension takes effect
11 and the date on which the suspension terminates; and
12 (C) stating that the person may be granted specialized driving
13 privileges under IC 9-30-16 if the person meets the conditions
14 for obtaining specialized driving privileges.
15 (b) The suspension of the driving privileges of a person who is the
16 subject of an order issued under IC 9-21-5-11(f):
17 (1) begins five (5) business days after the date on which the
18 bureau mails the notice to the person under subsection (a)(2); and
19 (2) terminates sixty (60) days after the suspension begins.
20 (c) A person who operates a motor vehicle during a suspension of
21 the person's driving privileges under this section commits a Class A
22 infraction unless the person's operation of the motor vehicle is
23 authorized by specialized driving privileges granted to the person under
24 IC 9-30-16.
25 (d) The bureau shall, upon receiving a record of conviction of a
26 person upon a charge of driving a motor vehicle while the driving
27 privileges, permit, or license of the person is suspended, fix the period
28 of suspension in accordance with the order of the court.
29 SECTION 70. IC 9-30-16-1, AS AMENDED BY P.L.111-2021,
30 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2022]: Sec. 1. (a) Except as provided in subsection (b), the
32 following are ineligible for specialized driving privileges under this
33 chapter:
34 (1) A person who has never been an Indiana resident.
35 (2) A person seeking specialized driving privileges with respect
36 to a suspension based on the person's refusal to submit to a
37 chemical test offered under IC 9-30-6 or IC 9-30-7. However, a
38 court may grant this person driving privileges under
39 IC 9-30-6-8(d).
40 (3) A person whose driving privileges have been suspended or
41 revoked under IC 9-24-10-7(b)(2)(A).
42 (4) A person whose driving privileges have been suspended under
2022	IN 1195—LS 6333/DI 139 54
1 IC 9-21-8-52(e) or IC 9-21-12-1(b).
2 (b) This chapter applies to the following:
3 (1) A person who held a driver's license (issued under IC 9-24-3),
4 or a commercial driver's license, a public passenger chauffeur's
5 license, or a chauffeur's license, or a driving record card at the
6 time of:
7 (A) the criminal conviction for which the operation of a motor
8 vehicle is an element of the offense;
9 (B) any criminal conviction for an offense under IC 9-30-5,
10 IC 35-46-9, or IC 14-15-8 (before its repeal); or
11 (C) committing the infraction of exceeding a worksite speed
12 limit for the second time in one (1) year under IC 9-21-5-11(f).
13 (2) A person: who:
14 (A) who:
15 (i) has never held a valid Indiana driver's license or driving
16 record card; or
17 (ii) does not currently hold a valid Indiana learner's permit
18 or driving record card learner's permit; and
19 (B) who was an Indiana resident when the driving privileges
20 for which the person is seeking specialized driving privileges
21 were suspended.
22 (c) Except as specifically provided in this chapter, a court may
23 suspend the driving privileges of a person convicted of any of the
24 following offenses for a period up to the maximum allowable period of
25 incarceration under the penalty for the offense:
26 (1) Any criminal conviction in which the operation of a motor
27 vehicle is an element of the offense.
28 (2) Any criminal conviction for an offense under IC 9-30-5,
29 IC 35-46-9, or IC 14-15-8 (before its repeal).
30 (3) Any offense under IC 35-42-1, IC 35-42-2, or IC 35-44.1-3-1
31 that involves the use of a vehicle.
32 (d) Except as provided in section 3.5 of this chapter, a suspension
33 of driving privileges under this chapter may begin before the
34 conviction. Multiple suspensions of driving privileges ordered by a
35 court that are part of the same episode of criminal conduct shall be
36 served concurrently. A court may grant credit time for any suspension
37 that began before the conviction, except as prohibited by section
38 6(a)(2) of this chapter.
39 (e) If a person has had an ignition interlock device installed as a
40 condition of specialized driving privileges or under IC 9-30-6-8(d), the
41 period of the installation shall be credited as part of the suspension of
42 driving privileges.
2022	IN 1195—LS 6333/DI 139 55
1 (f) This subsection applies to a person described in subsection
2 (b)(2). A court shall, as a condition of granting specialized driving
3 privileges to the person, require the person to apply for and obtain an
4 Indiana driver's license or driving record card.
5 (g) If a person indicates to the court at an initial hearing (as
6 described in IC 35-33-7) that the person intends to file a petition for a
7 specialized driving privileges hearing with that court under section 3
8 or 4 of this chapter, the following apply:
9 (1) The court shall:
10 (A) stay the suspension of the person's driving privileges at the
11 initial hearing and shall not submit the probable cause
12 affidavit related to the person's offense to the bureau; and
13 (B) set the matter for a specialized driving privileges hearing
14 not later than thirty (30) days after the initial hearing.
15 (2) If the person does not file a petition for a specialized driving
16 privileges hearing not later than ten (10) days after the date of the
17 initial hearing, the court shall lift the stay of the suspension of the
18 person's driving privileges and shall submit the probable cause
19 affidavit related to the person's offense to the bureau for
20 automatic suspension.
21 (3) If the person files a petition for a specialized driving privileges
22 hearing not later than ten (10) days after the initial hearing, the
23 stay of the suspension of the person's driving privileges continues
24 until the matter is heard and a determination is made by the court
25 at the specialized driving privileges hearing.
26 (4) If the specialized driving privileges hearing is continued due
27 to:
28 (A) a congestion of the court calendar;
29 (B) the prosecuting attorney's motion for a continuance; or
30 (C) the person's motion for a continuance with no objection by
31 the prosecuting attorney;
32 the stay of the suspension of the person's driving privileges
33 continues until addressed at the next hearing.
34 (5) If the person moves for a continuance of the specialized
35 driving privileges hearing and the court grants the continuance
36 over the prosecuting attorney's objection, the court shall lift the
37 stay of the suspension of the person's driving privileges and shall
38 submit the probable cause affidavit related to the person's offense
39 to the bureau for automatic suspension.
40 SECTION 71. IC 9-30-16-3, AS AMENDED BY P.L.29-2020,
41 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 3. (a) This section does not apply to specialized
2022	IN 1195—LS 6333/DI 139 56
1 driving privileges granted in accordance with section 3.5 of this
2 chapter. If a court orders a suspension of driving privileges under this
3 chapter, or imposes a suspension of driving privileges under
4 IC 9-30-6-9(c), the court may stay the suspension and grant a
5 specialized driving privilege as set forth in this section.
6 (b) An individual who seeks specialized driving privileges must file
7 a petition for specialized driving privileges in each court that has
8 ordered or imposed a suspension of the individual's driving privileges.
9 Each petition must:
10 (1) be verified by the petitioner;
11 (2) state the petitioner's age, date of birth, and address;
12 (3) state the grounds for relief and the relief sought;
13 (4) be filed in the court case that resulted in the order of
14 suspension; and
15 (5) be served on the bureau and the prosecuting attorney.
16 A prosecuting attorney shall appear on behalf of the bureau to respond
17 to a petition filed under this subsection.
18 (c) Except as provided in subsection (h), regardless of the
19 underlying offense, specialized driving privileges granted under this
20 section shall be granted for a period of time as determined by the court.
21 A court, at its discretion, may set periodic review hearings to review an
22 individual's specialized driving privileges.
23 (d) The terms of specialized driving privileges must be determined
24 by a court.
25 (e) A stay of a suspension and specialized driving privileges may
26 not be granted to an individual who:
27 (1) has previously been granted specialized driving privileges;
28 and
29 (2) has more than one (1) conviction under section 5 of this
30 chapter.
31 (f) An individual who has been granted specialized driving
32 privileges shall:
33 (1) maintain proof of future financial responsibility insurance
34 during the period of specialized driving privileges;
35 (2) carry a copy of the order granting specialized driving
36 privileges or have the order in the vehicle being operated by the
37 individual;
38 (3) produce the copy of the order granting specialized driving
39 privileges upon the request of a police officer; and
40 (4) carry a validly issued state identification card, or driver's
41 license, or driving record card.
42 (g) An individual who holds a commercial driver's license and has
2022	IN 1195—LS 6333/DI 139 57
1 been granted specialized driving privileges under this chapter may not,
2 for the duration of the suspension for which the specialized driving
3 privileges are sought, operate any vehicle that requires the individual
4 to hold a commercial driver's license to operate the vehicle.
5 (h) Whenever a suspension of an individual's driving privileges
6 under this chapter is terminated because:
7 (1) the underlying conviction, judgment, or finding that forms the
8 basis of the suspension is reversed, vacated, or dismissed; or
9 (2) the individual is acquitted of, found not liable for, or otherwise
10 found not to have committed the underlying act or offense that
11 forms the basis of the suspension;
12 the individual's specialized driving privileges expire at the time the
13 suspension of the individual's driving privileges is terminated.
14 (i) The court shall inform the bureau of a termination of a
15 suspension and expiration of specialized driving privileges as described
16 under subsection (h) in a format designated by the bureau.
17 SECTION 72. IC 9-30-16-3.5, AS AMENDED BY P.L.29-2020,
18 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 3.5. (a) If a court imposes a suspension of driving
20 privileges under IC 9-21-5-11(f), the court may stay the suspension and
21 grant a specialized driving privilege as set forth in this section.
22 (b) Except as provided in subsection (g), specialized driving
23 privileges granted under this section shall be granted for a period of
24 time as determined by the court. A court, at its discretion, may set
25 periodic review hearings to review an individual's specialized driving
26 privileges.
27 (c) Specialized driving privileges granted under this section:
28 (1) must be determined by a court; and
29 (2) are limited to restricting the individual to being allowed to
30 operate a motor vehicle between the place of employment of the
31 individual and the individual's residence.
32 (d) An individual who has been granted specialized driving
33 privileges under this section shall:
34 (1) maintain proof of future financial responsibility insurance
35 during the period of specialized driving privileges;
36 (2) carry a copy of the order granting specialized driving
37 privileges or have the order in the vehicle being operated by the
38 individual;
39 (3) produce the copy of the order granting specialized driving
40 privileges upon the request of a police officer; and
41 (4) carry a validly issued driver's license or driving record card.
42 (e) An individual who holds a commercial driver's license and has
2022	IN 1195—LS 6333/DI 139 58
1 been granted specialized driving privileges under this chapter may not,
2 for the duration of the suspension for which the specialized driving
3 privileges are sought, operate a motor vehicle that requires the
4 individual to hold a commercial driver's license to operate the motor
5 vehicle.
6 (f) An individual who seeks specialized driving privileges must file
7 a petition for specialized driving privileges in each court that has
8 ordered or imposed a suspension of the individual's driving privileges.
9 Each petition must:
10 (1) be verified by the petitioner;
11 (2) state the petitioner's age, date of birth, and address;
12 (3) state the grounds for relief and the relief sought;
13 (4) be filed in the court that ordered or imposed the suspension;
14 and
15 (5) be served on the bureau and the prosecuting attorney.
16 A prosecuting attorney shall appear on behalf of the bureau to respond
17 to a petition filed under this subsection.
18 (g) Whenever a suspension of an individual's driving privileges
19 under this chapter is terminated because:
20 (1) the underlying conviction, judgment, or finding that forms the
21 basis of the suspension is reversed, vacated, or dismissed; or
22 (2) the individual is acquitted of, found not liable for, or otherwise
23 found not to have committed the underlying act or offense that
24 forms the basis of the suspension;
25 the individual's specialized driving privileges expire at the time the
26 suspension of the individual's driving privileges is terminated.
27 (h) The court shall inform the bureau of a termination of a
28 suspension of driving privileges and expiration of specialized driving
29 privileges as described under subsection (g) in a format designated by
30 the bureau.
31 SECTION 73. IC 9-30-16-5, AS AMENDED BY P.L.10-2019,
32 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 5. (a) A person who knowingly or intentionally
34 violates a condition imposed by a court under section 3, 3.5, or 4 of this
35 chapter, or imposed under IC 9-30-10-14.2, commits a Class C
36 misdemeanor. The prosecuting attorney may notify the court that issued
37 the specialized driving privileges order of the alleged violation. If the
38 specialized driving privileges order is from a different county, the
39 prosecuting attorney may also notify the prosecuting attorney in that
40 county of the violation.
41 (b) For a person convicted of an offense under subsection (a), the
42 court that issued the specialized driving privileges order that was
2022	IN 1195—LS 6333/DI 139 59
1 violated may modify or revoke specialized driving privileges. The court
2 that issued the specialized driving privileges order that was violated
3 may order the bureau to lift the stay of a suspension of driving
4 privileges and suspend the person's driving license or driving record
5 card as originally ordered in addition to any additional suspension.
6 SECTION 74. IC 9-30-16-6, AS AMENDED BY P.L.110-2020,
7 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 6. (a) A person whose driving privileges are
9 suspended under section 1(c) of this chapter:
10 (1) is entitled to credit for any days during which the license or
11 driving record card was suspended under IC 9-30-6-9(c); and
12 (2) may not receive any credit for days during which the person's
13 driving privileges were suspended under IC 9-30-6-9(b).
14 (b) A period of suspension of driving privileges imposed under
15 section 1(c) of this chapter must be consecutive to any period of
16 suspension imposed under IC 9-30-6-9(b). However, if the state and
17 defendant agree pursuant to a term in an accepted plea agreement, or
18 if the court finds at sentencing that it is in the best interest of society,
19 the court shall terminate all or any part of the remaining suspension
20 under IC 9-30-6-9(b) and shall enter this finding in its sentencing
21 order.
22 (c) The bureau shall designate a period of suspension of driving
23 privileges imposed under section 1(c) of this chapter as consecutive to
24 any period of suspension imposed under IC 9-30-6-9(b) unless the
25 sentencing order of the court under subsection (b) terminates all or part
26 of the remaining suspension under IC 9-30-6-9(b).
27 SECTION 75. IC 9-30-16-6.5, AS ADDED BY P.L.110-2020,
28 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]: Sec. 6.5. A court and the bureau, if applicable, shall
30 terminate all or any part of the remaining suspension of a person's
31 license or driving record card suspension under section 1(c) of this
32 chapter or under IC 9-30-6-9 if:
33 (1) the charges against the person are dismissed;
34 (2) the person is acquitted; or
35 (3) the person's conviction is vacated or reversed on appeal.
36 SECTION 76. IC 9-30-16-7, AS ADDED BY P.L.198-2016,
37 SECTION 611, IS AMENDED TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2022]: Sec. 7. If the bureau issues a driver's
39 license or driving record card to an individual who has been issued
40 specialized driving privileges, the individual shall pay a specialized
41 driving privileges charge of ten dollars ($10). The charge is in addition
42 to any applicable fees under IC 9-24 and shall be deposited in the
2022	IN 1195—LS 6333/DI 139 60
1 commission fund.
2 SECTION 77. IC 20-33-2-11, AS AMENDED BY P.L.111-2021,
3 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 11. (a) Notwithstanding IC 9-24 concerning the
5 minimum requirements for qualifying for the issuance of a driver's
6 license, or a learner's permit, a driving record card, or a driving
7 record card learner's permit, and subject to subsections (c) through
8 (e), an individual who is:
9 (1) at least fifteen (15) years of age and less than eighteen (18)
10 years of age;
11 (2) a habitual truant under the definition of habitual truant
12 established under subsection (b); and
13 (3) identified in the information submitted to the bureau of motor
14 vehicles under subsection (f);
15 may not be issued a driver's license, or a learner's permit, a driving
16 record card, or a driving record card learner's permit to drive a
17 motor vehicle under IC 9-24 until the individual is at least eighteen
18 (18) years of age.
19 (b) Each governing body may establish and include as part of the
20 written copy of its discipline rules described in IC 20-33-8-12:
21 (1) a definition of a child who is designated as a habitual truant,
22 which must, at a minimum, define the term as a student who is
23 chronically absent, by having unexcused absences from school for
24 more than ten (10) days of school in one (1) school year; and
25 (2) all other pertinent matters related to this action.
26 (c) An individual described in subsection (a) is entitled to the
27 procedure described in IC 20-33-8-19.
28 (d) An individual described in subsection (a) who is at least thirteen
29 (13) years of age and less than eighteen (18) years of age is entitled to
30 a periodic review of the individual's attendance record in school to
31 determine whether the prohibition described in subsection (a) shall
32 continue. The periodic reviews may not be conducted less than one (1)
33 time each school year.
34 (e) Upon review, the governing body may determine that the
35 individual's attendance record has improved to the degree that the
36 individual may become eligible to be issued a driver's license, or a
37 learner's permit, a driving record card, or a driving record card
38 learner's permit.
39 (f) The governing body of the school corporation may submit to the
40 bureau of motor vehicles the pertinent information concerning an
41 individual's ineligibility under subsection (a) to be issued a driver's
42 license, or a learner's permit, a driving record card, or a driving
2022	IN 1195—LS 6333/DI 139 61
1 record card learner's permit.
2 (g) The department shall develop guidelines concerning criteria
3 used in defining a habitual truant that may be considered by a
4 governing body in complying with subsection (b).
5 SECTION 78. IC 20-33-2-28.5, AS AMENDED BY P.L.147-2020,
6 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 28.5. (a) This section applies to an individual:
8 (1) who:
9 (A) attends or last attended a public school;
10 (B) is at least sixteen (16) years of age but less than eighteen
11 (18) years of age; and
12 (C) has not completed the requirements for graduation;
13 (2) who:
14 (A) wishes to withdraw from school before graduation;
15 (B) fails to return at the beginning of a semester; or
16 (C) stops attending school during a semester; and
17 (3) who has no record of transfer to another school.
18 (b) An individual to whom this section applies may withdraw from
19 school only if all of the following conditions are met:
20 (1) An exit interview is conducted.
21 (2) The individual's parent consents to the withdrawal.
22 (3) The school principal approves of the withdrawal.
23 (4) The withdrawal is due to:
24 (A) financial hardship and the individual must be employed to
25 support the individual's family or a dependent;
26 (B) illness; or
27 (C) an order by a court that has jurisdiction over the child.
28 During the exit interview, the school principal shall provide to the
29 student and the student's parent a copy of statistics compiled by the
30 department concerning the likely consequences of life without a high
31 school diploma. The school principal shall advise the student and the
32 student's parent that the student's withdrawal from school may prevent
33 the student from receiving or result in the revocation of the student's
34 employment certificate and driver's license, or learner's permit, driving
35 record card, or driving record card learner's permit.
36 (c) For purposes of this section, the following must be in written
37 form:
38 (1) An individual's request to withdraw from school.
39 (2) A parent's consent to a withdrawal.
40 (3) A principal's consent to a withdrawal.
41 (d) If the individual's principal does not consent to the individual's
42 withdrawal under this section, the individual's parent may appeal the
2022	IN 1195—LS 6333/DI 139 62
1 denial of consent to the governing body of the public school that the
2 individual last attended.
3 (e) Each public school, including each school corporation and each
4 charter school (as defined in IC 20-24-1-4), shall provide an annual
5 report to the department setting forth the following information:
6 (1) The total number of individuals:
7 (A) who withdrew from school under this section; and
8 (B) who either:
9 (i) failed to return to school at the beginning of a semester;
10 or
11 (ii) stopped attending school during a semester;
12 and for whom there is no record of transfer to another school.
13 (2) The number of individuals who withdrew from school
14 following an exit interview.
15 (f) If an individual to which this section applies:
16 (1) has not received consent to withdraw from school under this
17 section; and
18 (2) fails to return to school at the beginning of a semester or
19 during the semester;
20 the principal of the school that the individual last attended may deliver
21 by certified mail or personal delivery to the bureau of youth
22 employment a record of the individual's failure to return to school so
23 that the bureau of youth employment revokes any employment
24 certificates issued under IC 22-2-18 (before its expiration on June 30,
25 2021) to the individual and does not issue any additional employment
26 certificates to the individual. For purposes of IC 22-2-18-20 (before its
27 expiration on June 30, 2021), the individual shall be considered a
28 dropout.
29 (g) At the same time that a school principal delivers the record
30 under subsection (f), the principal may deliver by certified mail or
31 personal delivery to the bureau of motor vehicles a record of the
32 individual's failure to return to school so that the bureau of motor
33 vehicles revokes any driver's license, or learner's permit, driving
34 record card, or driving record card learner's permit issued to the
35 individual and does not issue any additional driver's licenses, or
36 learner's permits, driving record cards, or driving record card
37 learner's permits to the individual before the individual is at least
38 eighteen (18) years of age. For purposes of IC 9-24-2-1, the individual
39 shall be considered a dropout.
40 (h) If:
41 (1) a principal has delivered the record required under subsection
42 (f) or (g), or both; and
2022	IN 1195—LS 6333/DI 139 63
1 (2) the school subsequently gives consent to the individual to
2 withdraw from school under this section;
3 the principal of the school shall send a notice of withdrawal to the
4 bureau of youth employment and the bureau of motor vehicles by
5 certified mail or personal delivery and, for purposes of IC 22-2-18-20
6 (before its expiration on June 30, 2021) and IC 9-24-2-1, the individual
7 shall no longer be considered a dropout.
8 SECTION 79. IC 20-33-8-33, AS AMENDED BY P.L.233-2015,
9 SECTION 264, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2022]: Sec. 33. Before February 1 and before
11 October 1 of each year, except when a hearing has been requested to
12 determine financial hardship under IC 9-24-2-1(a)(4), a principal may
13 submit to the bureau of motor vehicles the pertinent information
14 concerning an individual's ineligibility under IC 9-24-2-1 to be issued
15 a driver's license, or learner's permit, driving record card, or driving
16 record card learner's permit, or concerning the suspension of driving
17 privileges under IC 9-24-2-4.
18 SECTION 80. IC 31-37-19-13, AS AMENDED BY P.L.111-2021,
19 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 13. (a) This section applies if a child is a
21 delinquent child under IC 31-37-1 due to the commission of a
22 delinquent act that, if committed by an adult, would be:
23 (1) dealing in:
24 (A) a controlled substance (as defined in IC 35-48-1-9); or
25 (B) a counterfeit substance (as defined in IC 35-48-1-10);
26 (2) possessing:
27 (A) a controlled substance (as defined in IC 35-48-1-9); or
28 (B) a prescription drug (as defined in IC 35-48-1-25);
29 for which the child does not have a prescription; or
30 (3) conspiring to commit an act described in subdivision (1) or
31 (2).
32 (b) The juvenile court shall, in addition to any other order or decree
33 the court makes under this chapter, order the bureau of motor vehicles
34 to invalidate the child's driver's license or permit for a period specified
35 by the court of at least six (6) months but not more than one (1) year
36 from the time the child would otherwise be eligible for a learner's
37 permit or driving record card learner's permit.
38 SECTION 81. IC 31-37-19-14, AS AMENDED BY P.L.111-2021,
39 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 14. (a) This section applies if:
41 (1) a child has been previously determined to be a delinquent
42 child under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal)
2022	IN 1195—LS 6333/DI 139 64
1 due to the commission of a delinquent act described in section
2 13(a)(1), 13(a)(2), or 13(a)(3) of this chapter (or
3 IC 31-6-4-15.9(d)(1), IC 31-6-4-15.9(d)(2), or
4 IC 31-6-4-15.9(d)(3) before its repeal); or
5 (2) the delinquent act described in section 13(a)(1), 13(a)(2), or
6 13(a)(3) of this chapter (or IC 31-6-4-15.9(d)(1),
7 IC 31-6-4-15.9(d)(2), or IC 31-6-4-15.9(d)(3) before its repeal)
8 was committed:
9 (A) on school property;
10 (B) within one thousand (1,000) feet of school property; or
11 (C) on a school bus.
12 (b) The juvenile court shall, in addition to any other order or decree
13 the court makes under this chapter, order the bureau of motor vehicles
14 to invalidate the child's driver's license or driving record card for a
15 period specified by the court of at least six (6) months but not more
16 than two (2) years from the time the child would otherwise be eligible
17 for a learner's permit or driving record card learner's permit.
18 SECTION 82. IC 31-37-19-15 IS AMENDED TO READ AS
19 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 15. (a) This section
20 applies if a child is a delinquent child under IC 31-37-1 due to the
21 commission of a delinquent act that, if committed by an adult, would
22 be:
23 (1) dealing in:
24 (A) a controlled substance (as defined in IC 35-48-1-9); or
25 (B) a counterfeit substance (as defined in IC 35-48-1-10);
26 (2) possessing:
27 (A) a controlled substance (as defined in IC 35-48-1-9); or
28 (B) a prescription drug (as defined in IC 35-48-1-25);
29 for which the child does not have a prescription; or
30 (3) conspiring to commit an act described in subdivision (1) or
31 (2).
32 (b) The juvenile court shall, in addition to any other order or decree
33 the court makes under this chapter, order the bureau of motor vehicles
34 not to issue the child a learner's permit or driving record card
35 learner's permit for a period specified by the court of at least six (6)
36 months but not more than one (1) year from the time the child would
37 otherwise be eligible for a learner's permit or driving record card
38 learner's permit.
39 SECTION 83. IC 31-37-19-16 IS AMENDED TO READ AS
40 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) This section
41 applies if:
42 (1) a child has been previously determined to be a delinquent
2022	IN 1195—LS 6333/DI 139 65
1 child under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal)
2 due to the commission of a delinquent act described in section
3 15(a)(1), 15(a)(2), or 15(a)(3) of this chapter (or
4 IC 31-6-4-15.9(e)(1), IC 31-6-4-15.9(e)(2), or
5 IC 31-6-4-15.9(e)(3) before its repeal); or
6 (2) the delinquent act described in section 15(a)(1), 15(a)(2), or
7 15(a)(3) of this chapter (or IC 31-6-4-15.9(e)(1),
8 IC 31-6-4-15.9(e)(2), or IC 31-6-4-15.9(e)(3) before its repeal)
9 was committed:
10 (A) on school property;
11 (B) within one thousand (1,000) feet of school property; or
12 (C) on a school bus.
13 (b) The juvenile court shall, in addition to any other order or decree
14 the court makes under this chapter, order the bureau of motor vehicles
15 not to issue the child a learner's permit or driving record card
16 learner's permit for a period specified by the court of at least six (6)
17 months but not more than two (2) years from the time the child would
18 otherwise be eligible for a learner's permit or driving record card
19 learner's permit.
20 SECTION 84. IC 31-37-19-17, AS AMENDED BY P.L.111-2021,
21 SECTION 100, IS AMENDED TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2022]: Sec. 17. (a) This section applies if a
23 child is a delinquent child under IC 31-37-1 due to the commission of
24 a delinquent act that, if committed by an adult, would be criminal
25 mischief or institutional criminal mischief under IC 35-43-1-2 that
26 involves the use of graffiti.
27 (b) The juvenile court may, in addition to any other order or decree
28 the court makes under this chapter, order the bureau of motor vehicles
29 to:
30 (1) suspend the child's driver's license or driving record card;
31 or
32 (2) invalidate the child's learner's permit or driving record card
33 learner's permit;
34 for one (1) year beginning the date of the order.
35 SECTION 85. IC 34-24-1-1, AS AMENDED BY P.L.174-2021,
36 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 1. (a) The following may be seized:
38 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
39 or are intended for use by the person or persons in possession of
40 them to transport or in any manner to facilitate the transportation
41 of the following:
42 (A) A controlled substance for the purpose of committing,
2022	IN 1195—LS 6333/DI 139 66
1 attempting to commit, or conspiring to commit any of the
2 following:
3 (i) Dealing in or manufacturing cocaine or a narcotic drug
4 (IC 35-48-4-1).
5 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
6 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
7 (iv) Dealing in a schedule I, II, or III controlled substance
8 (IC 35-48-4-2).
9 (v) Dealing in a schedule IV controlled substance (IC
10 35-48-4-3).
11 (vi) Dealing in a schedule V controlled substance (IC
12 35-48-4-4).
13 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
14 (viii) Possession of cocaine or a narcotic drug (IC
15 35-48-4-6).
16 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
17 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
18 (xi) Dealing in marijuana, hash oil, hashish, or salvia (IC
19 35-48-4-10).
20 (xii) An offense under IC 35-48-4 involving a synthetic drug
21 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
22 substance (as defined in IC 35-31.5-2-321.5 (before its
23 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
24 repeal on July 1, 2019), a controlled substance analog (as
25 defined in IC 35-48-1-9.3), or a substance represented to be
26 a controlled substance (as described in IC 35-48-4-4.6).
27 (B) Any stolen (IC 35-43-4-2) or converted property (IC
28 35-43-4-3) if the retail or repurchase value of that property is
29 one hundred dollars ($100) or more.
30 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
31 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
32 mass destruction (as defined in IC 35-31.5-2-354) used to
33 commit, used in an attempt to commit, or used in a conspiracy
34 to commit a felony terrorist offense (as defined in
35 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
36 furtherance of an act of terrorism (as defined by
37 IC 35-31.5-2-329).
38 (2) All money, negotiable instruments, securities, weapons,
39 communications devices, or any property used to commit, used in
40 an attempt to commit, or used in a conspiracy to commit a felony
41 terrorist offense (as defined in IC 35-50-2-18) or an offense under
42 IC 35-47 as part of or in furtherance of an act of terrorism or
2022	IN 1195—LS 6333/DI 139 67
1 commonly used as consideration for a violation of IC 35-48-4
2 (other than items subject to forfeiture under IC 16-42-20-5 or
3 IC 16-6-8.5-5.1, before its repeal):
4 (A) furnished or intended to be furnished by any person in
5 exchange for an act that is in violation of a criminal statute;
6 (B) used to facilitate any violation of a criminal statute; or
7 (C) traceable as proceeds of the violation of a criminal statute.
8 (3) Any portion of real or personal property purchased with
9 money that is traceable as a proceed of a violation of a criminal
10 statute.
11 (4) A vehicle that is used by a person to:
12 (A) commit, attempt to commit, or conspire to commit;
13 (B) facilitate the commission of; or
14 (C) escape from the commission of;
15 murder (IC 35-42-1-1), dealing in a controlled substance resulting
16 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
17 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
18 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
19 under IC 35-47 as part of or in furtherance of an act of terrorism.
20 (5) Real property owned by a person who uses it to commit any of
21 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
22 felony:
23 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
24 35-48-4-1).
25 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
26 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
27 (D) Dealing in a schedule I, II, or III controlled substance (IC
28 35-48-4-2).
29 (E) Dealing in a schedule IV controlled substance (IC
30 35-48-4-3).
31 (F) Dealing in marijuana, hash oil, hashish, or salvia (IC
32 35-48-4-10).
33 (G) Dealing in a synthetic drug (as defined in
34 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
35 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
36 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
37 2019).
38 (H) Dealing in a controlled substance resulting in death (IC
39 35-42-1-1.5).
40 (6) Equipment and recordings used by a person to commit fraud
41 under IC 35-43-5.
42 (7) Recordings sold, rented, transported, or possessed by a person
2022	IN 1195—LS 6333/DI 139 68
1 in violation of IC 24-4-10.
2 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
3 defined by IC 35-45-6-1) that is the object of a corrupt business
4 influence violation (IC 35-45-6-2).
5 (9) Unlawful telecommunications devices (as defined in
6 IC 35-45-13-6) and plans, instructions, or publications used to
7 commit an offense under IC 35-45-13.
8 (10) Any equipment, including computer equipment and cellular
9 telephones, used for or intended for use in preparing,
10 photographing, recording, videotaping, digitizing, printing,
11 copying, or disseminating matter in violation of IC 35-42-4.
12 (11) Destructive devices used, possessed, transported, or sold in
13 violation of IC 35-47.5.
14 (12) Tobacco products that are sold in violation of IC 24-3-5,
15 tobacco products that a person attempts to sell in violation of
16 IC 24-3-5, and other personal property owned and used by a
17 person to facilitate a violation of IC 24-3-5.
18 (13) Property used by a person to commit counterfeiting or
19 forgery in violation of IC 35-43-5-2.
20 (14) After December 31, 2005, if a person is convicted of an
21 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
22 following real or personal property:
23 (A) Property used or intended to be used to commit, facilitate,
24 or promote the commission of the offense.
25 (B) Property constituting, derived from, or traceable to the
26 gross proceeds that the person obtained directly or indirectly
27 as a result of the offense.
28 (15) Except as provided in subsection (e), a vehicle used by a
29 person who operates the vehicle:
30 (A) while intoxicated, in violation of IC 9-30-5-1 through
31 IC 9-30-5-5, if in the previous five (5) years the person has two
32 (2) or more prior unrelated convictions for operating a motor
33 vehicle while intoxicated in violation of IC 9-30-5-1 through
34 IC 9-30-5-5; or
35 (B) on a highway while the person's driving privileges are
36 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
37 if in the previous five (5) years the person has two (2) or more
38 prior unrelated convictions for operating a vehicle while
39 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
40 If a court orders the seizure of a vehicle under this subdivision,
41 the court shall transmit an order to the bureau of motor vehicles
42 recommending that the bureau not permit a vehicle to be
2022	IN 1195—LS 6333/DI 139 69
1 registered in the name of the person whose vehicle was seized
2 until the person possesses a current driving license (as defined in
3 IC 9-13-2-41) or driving record card (as described in
4 IC 9-24-3.5).
5 (16) The following real or personal property:
6 (A) Property used or intended to be used to commit, facilitate,
7 or promote the commission of an offense specified in
8 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
9 IC 30-2-13-38(f).
10 (B) Property constituting, derived from, or traceable to the
11 gross proceeds that a person obtains directly or indirectly as a
12 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
13 IC 30-2-10-9(b), or IC 30-2-13-38(f).
14 (17) Real or personal property, including a vehicle, that is used by
15 a person to:
16 (A) commit, attempt to commit, or conspire to commit;
17 (B) facilitate the commission of; or
18 (C) escape from the commission of;
19 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
20 trafficking) or IC 35-45-4-4 (promoting prostitution).
21 (b) A vehicle used by any person as a common or contract carrier in
22 the transaction of business as a common or contract carrier is not
23 subject to seizure under this section, unless it can be proven by a
24 preponderance of the evidence that the owner of the vehicle knowingly
25 permitted the vehicle to be used to engage in conduct that subjects it to
26 seizure under subsection (a).
27 (c) Equipment under subsection (a)(10) may not be seized unless it
28 can be proven by a preponderance of the evidence that the owner of the
29 equipment knowingly permitted the equipment to be used to engage in
30 conduct that subjects it to seizure under subsection (a)(10).
31 (d) Money, negotiable instruments, securities, weapons,
32 communications devices, or any property commonly used as
33 consideration for a violation of IC 35-48-4 found near or on a person
34 who is committing, attempting to commit, or conspiring to commit any
35 of the following offenses shall be admitted into evidence in an action
36 under this chapter as prima facie evidence that the money, negotiable
37 instrument, security, or other thing of value is property that has been
38 used or was to have been used to facilitate the violation of a criminal
39 statute or is the proceeds of the violation of a criminal statute:
40 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
41 death).
42 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
2022	IN 1195—LS 6333/DI 139 70
1 narcotic drug).
2 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
3 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
4 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
5 substance).
6 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
7 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
8 as a Level 4 felony.
9 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
10 Level 3, Level 4, or Level 5 felony.
11 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
12 3, Level 4, or Level 5 felony.
13 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
14 salvia) as a Level 5 felony.
15 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
16 in a synthetic drug or synthetic drug lookalike substance) as a
17 Level 5 felony or Level 6 felony (or as a Class C felony or Class
18 D felony under IC 35-48-4-10 before its amendment in 2013).
19 (e) A vehicle operated by a person who is not:
20 (1) an owner of the vehicle; or
21 (2) the spouse of the person who owns the vehicle;
22 is not subject to seizure under subsection (a)(15) unless it can be
23 proven by a preponderance of the evidence that the owner of the
24 vehicle knowingly permitted the vehicle to be used to engage in
25 conduct that subjects it to seizure under subsection (a)(15).
26 SECTION 86. IC 35-43-1-2, AS AMENDED BY P.L.111-2021,
27 SECTION 104, IS AMENDED TO READ AS FOLLOWS
28 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) A person who recklessly,
29 knowingly, or intentionally damages or defaces property of another
30 person without the other person's consent commits criminal mischief,
31 a Class B misdemeanor. However, the offense is:
32 (1) a Class A misdemeanor if the pecuniary loss is at least seven
33 hundred fifty dollars ($750) but less than fifty thousand dollars
34 ($50,000); and
35 (2) a Level 6 felony if:
36 (A) the pecuniary loss is at least fifty thousand dollars
37 ($50,000);
38 (B) the damage causes a substantial interruption or impairment
39 of utility service rendered to the public;
40 (C) the damage is to a public record; or
41 (D) the damage is to a law enforcement animal (as defined in
42 IC 35-46-3-4.5).
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1 (b) A person who recklessly, knowingly, or intentionally damages:
2 (1) a structure used for religious worship without the consent of
3 the owner, possessor, or occupant of the property that is damaged;
4 (2) a school or community center without the consent of the
5 owner, possessor, or occupant of the property that is damaged;
6 (3) the property of an agricultural operation (as defined in
7 IC 32-30-6-1) without the consent of the owner, possessor, or
8 occupant of the property that is damaged;
9 (4) the grounds:
10 (A) adjacent to; and
11 (B) owned or rented in common with;
12 a structure or facility identified in subdivisions (1) through (3)
13 without the consent of the owner, possessor, or occupant of the
14 property that is damaged;
15 (5) personal property contained in a structure or located at a
16 facility identified in subdivisions (1) through (3) without the
17 consent of the owner, possessor, or occupant of the property that
18 is damaged;
19 (6) property that is vacant real property (as defined in
20 IC 36-7-36-5) or a vacant structure (as defined in IC 36-7-36-6);
21 or
22 (7) property after the person has been denied entry to the property
23 by a court order that was issued:
24 (A) to the person; or
25 (B) to the general public by conspicuous posting on or around
26 the property in areas where a person could observe the order
27 when the property has been designated by a municipality or
28 county enforcement authority to be a vacant property, an
29 abandoned property, or an abandoned structure (as defined in
30 IC 36-7-36-1);
31 commits institutional criminal mischief, a Class A misdemeanor.
32 However, the offense is a Level 6 felony if the pecuniary loss (or
33 property damage, in the case of an agricultural operation) is at least
34 seven hundred fifty dollars ($750) but less than fifty thousand dollars
35 ($50,000), and a Level 5 felony if the pecuniary loss (or property
36 damage, in the case of an agricultural operation) is at least fifty
37 thousand dollars ($50,000).
38 (c) A person who recklessly, knowingly, or intentionally damages
39 property:
40 (1) during the dealing or manufacture of or attempted dealing or
41 manufacture of a controlled substance; and
42 (2) by means of a fire or an explosion;
2022	IN 1195—LS 6333/DI 139 72
1 commits controlled substances criminal mischief, a Level 6 felony.
2 However, the offense is a Level 5 felony if the offense results in
3 moderate bodily injury to any person other than a defendant.
4 (d) If a person is convicted of an offense under this section that
5 involves the use of graffiti, the court may, in addition to any other
6 penalty, order that the person's driver's license or driving record card
7 be suspended or invalidated by the bureau of motor vehicles for not
8 more than one (1) year.
9 (e) The court may rescind an order for suspension or invalidation
10 under subsection (d) and allow the person to receive a license or permit
11 before the period of suspension or invalidation ends if the court
12 determines that the person has removed or painted over the graffiti or
13 has made other suitable restitution.
14 (f) For purposes of this section, "pecuniary loss" includes:
15 (1) the total costs incurred in inspecting, cleaning, and
16 decontaminating property contaminated by a pollutant; and
17 (2) a reasonable estimate of all additional costs not already
18 incurred under subdivision (1) that are necessary to inspect, clean,
19 and decontaminate property contaminated by a pollutant, to the
20 extent that the property has not already been:
21 (A) cleaned;
22 (B) decontaminated; or
23 (C) both cleaned and decontaminated.
24 The term includes inspection, cleaning, or decontamination conducted
25 by a person certified under IC 16-19-3.1.
26 SECTION 87. IC 35-52-9-36, AS ADDED BY P.L.169-2014,
27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 36. IC 9-24-18-1 defines a crime crimes
29 concerning driver's licenses and driving record cards.
30 SECTION 88. IC 35-52-9-37.5, AS ADDED BY P.L.188-2015,
31 SECTION 153, IS AMENDED TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2022]: Sec. 37.5. IC 9-24-18-7.5 defines a
33 crime crimes concerning driver's licenses and driving record cards.
34 SECTION 89. [EFFECTIVE UPON PASSAGE] (a) The bureau of
35 motor vehicles shall adopt rules under IC 4-22-2, including
36 emergency rules in the manner provided under IC 4-22-2-37.1,
37 necessary to implement the issuance and administration of driving
38 record cards under IC 9-24-3.5, as added by this act, and driving
39 record card learner's permits under IC 9-24-7-1, as amended by
40 this act.
41 (b) This SECTION expires July 1, 2023.
42 SECTION 90. An emergency is declared for this act.
2022	IN 1195—LS 6333/DI 139