Indiana 2022 Regular Session

Indiana Senate Bill SB0168 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 168
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 9-21-8-52; IC 31-37-19.
7	7	Synopsis: Speeding. Provides that a person who knowingly,
8	8	intentionally, or recklessly operates a vehicle at a speed more than 24
9	9	miles per hour above the posted maximum speed limit for a highway
10	10	commits a Class C misdemeanor, unless the offense causes bodily
11	11	injury to a person or damages the property of another person. Requires
12	12	a juvenile court to recommend the suspension of the driving privileges
13	13	of a child who causes bodily injury to a person while knowingly,
14	14	intentionally, or recklessly driving more than 24 miles per hour above
15	15	the posted maximum speed limit for a highway. Provides that the court
16	16	shall require a delinquent child to pay the fine that would be imposed
17	17	for a Class A misdemeanor if committed by an adult if the delinquent
18	18	child caused bodily injury to a person while the delinquent child
19	19	knowingly, intentionally, or recklessly drove more than 24 miles per
20	20	hour above the posted maximum speed limit for a highway. Provides
21	21	that an amount paid by a delinquent child must be deposited in the
22	22	county's guardian ad litem fund or court appointed special advocate
23	23	fund.
24	24	Effective: July 1, 2022.
25	25	Baldwin
26	26	January 4, 2022, read first time and referred to Committee on Corrections and Criminal
27	27	Law.
28	28	2022 IN 168—LS 6942/DI 139 Introduced
29	29	Second Regular Session of the 122nd General Assembly (2022)
30	30	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
31	31	Constitution) is being amended, the text of the existing provision will appear in this style type,
32	32	additions will appear in this style type, and deletions will appear in this style type.
33	33	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
34	34	provision adopted), the text of the new provision will appear in this style type. Also, the
35	35	word NEW will appear in that style type in the introductory clause of each SECTION that adds
36	36	a new provision to the Indiana Code or the Indiana Constitution.
37	37	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
38	38	between statutes enacted by the 2021 Regular Session of the General Assembly.
39	39	SENATE BILL No. 168
40	40	A BILL FOR AN ACT to amend the Indiana Code concerning
41	41	criminal law and procedure.
42	42	Be it enacted by the General Assembly of the State of Indiana:
43	43	1 SECTION 1. IC 9-21-8-52, AS AMENDED BY P.L.144-2019,
44	44	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45	45	3 JULY 1, 2022]: Sec. 52. (a) A person who operates a vehicle and who:
46	46	4 recklessly:
47	47	5 (1) recklessly drives at such an unreasonably high rate of speed
48	48	6 or at such an unreasonably low rate of speed under the
49	49	7 circumstances as to:
50	50	8 (A) endanger the safety or the property of others; or
51	51	9 (B) block the proper flow of traffic;
52	52	10 (2) recklessly passes another vehicle from the rear while on a
53	53	11 slope or on a curve where vision is obstructed for a distance of
54	54	12 less than five hundred (500) feet ahead;
55	55	13 (3) recklessly drives in and out of a line of traffic, except as
56	56	14 otherwise permitted; or
57	57	15 (4) recklessly speeds up or refuses to give one-half (1/2) of the
58	58	16 roadway to a driver overtaking and desiring to pass; or
59	59	17 (5) knowingly, intentionally, or recklessly drives more than
60	60	2022 IN 168—LS 6942/DI 139 2
61	61	1 twenty-four (24) miles per hour above the posted maximum
62	62	2 speed limit for a highway;
63	63	3 commits a Class C misdemeanor. However, the offense is a Class A
64	64	4 misdemeanor if it causes bodily injury to a person.
65	65	5 (b) A person who operates a vehicle and who recklessly passes a
66	66	6 school bus stopped on a roadway or a private road when the arm signal
67	67	7 device specified in IC 9-21-12-13 is in the device's extended position
68	68	8 commits a Class A misdemeanor. However, the offense is a Level 6
69	69	9 felony if it causes bodily injury to a person, and a Level 5 felony if it
70	70	10 causes the death of a person.
71	71	11 (c) If an offense under subsection (a) results in damage to the
72	72	12 property of another person, it is a Class B misdemeanor and the court
73	73	13 may recommend the suspension of the current driving license of the
74	74	14 person convicted of the offense described in subsection (a) for a fixed
75	75	15 period of not more than one (1) year.
76	76	16 (d) If an offense under subsection (a) causes bodily injury to a
77	77	17 person, the court may recommend the suspension of the driving
78	78	18 privileges of the person convicted of the offense described in this
79	79	19 subsection for a fixed period of not more than one (1) year.
80	80	20 (e) In addition to any other penalty imposed under subsection (b),
81	81	21 the court may suspend the person's driving privileges:
82	82	22 (1) for ninety (90) days; or
83	83	23 (2) if the person has committed at least one (1) previous offense
84	84	24 under this section or IC 9-21-12-1, for one (1) year.
85	85	25 (f) A person is presumed liable for an accident that results in
86	86	26 bodily injury if an adjudication occurs under subsection (a)(5).
87	87	27 SECTION 2. IC 31-37-19-17.3, AS AMENDED BY P.L.217-2014,
88	88	28 SECTION 184, IS AMENDED TO READ AS FOLLOWS
89	89	29 [EFFECTIVE JULY 1, 2022]: Sec. 17.3. (a) This section applies if a
90	90	30 child is a delinquent child under IC 31-37-1 due to the commission of
91	91	31 a delinquent act that, if committed by an adult, would be:
92	92	32 (1) an offense under IC 9-30-5; or
93	93	33 (2) a Class A misdemeanor under IC 9-21-8-52(a)(5).
94	94	34 (b) The juvenile court shall, in addition to any other order or decree
95	95	35 the court makes under this chapter, recommend the suspension of the
96	96	36 child's driving privileges as provided in for:
97	97	37 (1) an offense under IC 9-30-5; or
98	98	38 (2) a Class A misdemeanor under IC 9-21-8-52(a)(5).
99	99	39 If a court recommends suspension of a child's driving privileges under
100	100	40 this section, the bureau of motor vehicles shall comply with the
101	101	41 recommendation of suspension as provided in IC 9-30-6-12.
102	102	42 (c) If a court recommends suspension of a child's driving privileges
103	103	2022 IN 168—LS 6942/DI 139 3
104	104	1 under this section, the court may order the bureau of motor vehicles to
105	105	2 reinstate the child's driving privileges as provided in IC 9-30-6-11.
106	106	3 (d) If a juvenile court orders the bureau of motor vehicles to
107	107	4 reinstate a child's driving privileges under subsection (c), the bureau
108	108	5 shall comply with the order. Unless the order for reinstatement is
109	109	6 issued as provided under IC 9-30-6-11(a)(2) because of a violation of
110	110	7 the speedy trial provisions applicable to the juvenile court, the bureau
111	111	8 shall also do the following:
112	112	9 (1) Remove any record of the suspension from the bureau's record
113	113	10 keeping system.
114	114	11 (2) Reinstate the privileges without cost to the person.
115	115	12 (e) If:
116	116	13 (1) a juvenile court recommends suspension of a child's driving
117	117	14 privileges under this section; and
118	118	15 (2) the child did not refuse to submit to a chemical test offered as
119	119	16 provided under IC 9-30-6-2 during the investigation of the
120	120	17 delinquent act that would be an offense under IC 9-30-5 if
121	121	18 committed by an adult;
122	122	19 the juvenile court may stay the execution of the suspension of the
123	123	20 child's driving privileges and grant the child probationary driving
124	124	21 privileges for one hundred eighty (180) days.
125	125	22 (f) If a juvenile court orders a suspension under this section and the
126	126	23 child did not refuse to submit to a chemical test offered under
127	127	24 IC 9-30-6-2 during the investigation of the delinquent act that would
128	128	25 have been an offense under IC 9-30-5 if committed by an adult, the
129	129	26 juvenile court may grant the child specialized driving privileges in
130	130	27 conformity with the procedures in IC 9-30-16.
131	131	28 (g) A child whose driving privileges are suspended under this
132	132	29 section is entitled to credit for any days during which the license was
133	133	30 suspended under IC 31-37-5-7, if the child did not refuse to submit to
134	134	31 a chemical test offered as provided under IC 9-30-6-2 during the
135	135	32 investigation of the delinquent act that would be an offense under
136	136	33 IC 9-30-5 if committed by an adult.
137	137	34 (h) A period of suspension of driving privileges imposed under this
138	138	35 section must be consecutive to any period of suspension imposed under
139	139	36 IC 31-37-5-7. However, if the juvenile court finds in the sentencing
140	140	37 order that it is in the best interest of society, the juvenile court may
141	141	38 terminate all or any part of the remaining suspension under
142	142	39 IC 31-37-5-7.
143	143	40 (i) The bureau of motor vehicles may adopt rules under IC 4-22-2
144	144	41 to carry out this section.
145	145	42 SECTION 3. IC 31-37-19-18.5 IS ADDED TO THE INDIANA
146	146	2022 IN 168—LS 6942/DI 139 4
147	147	1 CODE AS A NEW SECTION TO READ AS FOLLOWS
148	148	2 [EFFECTIVE JULY 1, 2022]: Sec. 18.5. (a) If the juvenile court
149	149	3 recommends suspension of a child's driving privileges under
150	150	4 section 17.3(b)(2) of this chapter the juvenile court shall order the
151	151	5 child to pay the fine that would be imposed under IC 35-50-3-2 for
152	152	6 a Class A misdemeanor committed by an adult.
153	153	7 (b) An amount paid under subsection (a) shall be deposited in
154	154	8 the county's guardian ad litem fund or court appointed special
155	155	9 advocate fund described in IC 31-40-3.
156	156	2022 IN 168—LS 6942/DI 139