Indiana 2022 Regular Session

Indiana Senate Bill SB0200 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22 Introduced Version
33 SENATE BILL No. 200
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 9-13-2; IC 9-14; IC 9-21; IC 9-24; IC 9-25;
77 IC 9-26-1; IC 9-27-6; IC 9-30; IC 20-33; IC 31-37-19; IC 34-24-1-1;
88 IC 35-43-1-2; IC 35-52-9.
99 Synopsis: Driving cards. Provides that an individual who is an Indiana
1010 resident and cannot provide proof of identity and lawful status in the
1111 United States may apply for a driving card learner's permit and driving
1212 card to obtain driving privileges. Provides that a driving card learner's
1313 permit and driving card may not be used for federal identification or
1414 any other federal purpose. Requires an individual who holds a driving
1515 card learner's permit or driving card and operates a motor vehicle to
1616 verify and continuously maintain financial responsibility on any motor
1717 vehicle the holder operates in the amount required by law. Provides
1818 that the bureau of motor vehicles may not disclose certain information
1919 unless presented with a lawful court order or judicial warrant. Makes
2020 conforming changes. Makes technical corrections.
2121 Effective: July 1, 2022.
2222 Niezgodski, Doriot
2323 January 6, 2022, read first time and referred to Committee on Homeland Security and
2424 Transportation.
2525 2022 IN 200—LS 6329/DI 139 Introduced
2626 Second Regular Session of the 122nd General Assembly (2022)
2727 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2828 Constitution) is being amended, the text of the existing provision will appear in this style type,
2929 additions will appear in this style type, and deletions will appear in this style type.
3030 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3131 provision adopted), the text of the new provision will appear in this style type. Also, the
3232 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3333 a new provision to the Indiana Code or the Indiana Constitution.
3434 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3535 between statutes enacted by the 2021 Regular Session of the General Assembly.
3636 SENATE BILL No. 200
3737 A BILL FOR AN ACT to amend the Indiana Code concerning
3838 motor vehicles.
3939 Be it enacted by the General Assembly of the State of Indiana:
4040 1 SECTION 1. IC 9-13-2-39.7, AS AMENDED BY P.L.111-2021,
4141 2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4242 3 JULY 1, 2022]: Sec. 39.7. "Credential" means the following:
4343 4 (1) The following forms of documentation in physical form issued
4444 5 by the bureau under IC 9-24:
4545 6 (A) A driver's license.
4646 7 (B) A learner's permit.
4747 8 (C) An identification card.
4848 9 (D) A photo exempt identification card.
4949 10 (E) A driving card.
5050 11 (F) A driving card learner's permit.
5151 12 (2) The following forms of documentation in the form of a mobile
5252 13 credential issued by the bureau under IC 9-24:
5353 14 (A) Except for a commercial driver's license issued under
5454 15 IC 9-24-6.1, a driver's license.
5555 16 (B) Except for a commercial learner's permit issued under
5656 17 IC 9-24-6.1, a learner's permit.
5757 2022 IN 200—LS 6329/DI 139 2
5858 1 (C) An identification card.
5959 2 (3) For the purposes of IC 9-24-17.7, any form of documentation
6060 3 in physical form or digital form accessible on a mobile device
6161 4 issued by the bureau under IC 9-24.
6262 5 SECTION 2. IC 9-13-2-41 IS AMENDED TO READ AS
6363 6 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 41. "Current driving
6464 7 license" means every class and kind of license or permit, other than a
6565 8 driving card or a driving card learner's permit, that evidences the
6666 9 privilege to operate a motor vehicle upon the highways of Indiana. The
6767 10 term includes a privilege granted by the license.
6868 11 SECTION 3. IC 9-13-2-48, AS AMENDED BY P.L.120-2020,
6969 12 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7070 13 JULY 1, 2022]: Sec. 48. (a) "Driver's license" means the following:
7171 14 (1) Any type of license issued by the state in physical form
7272 15 authorizing an individual to operate the type of vehicle for which
7373 16 the license was issued, in the manner for which the license was
7474 17 issued, on a highway. The term includes any endorsements added
7575 18 to the license under IC 9-24-8.5.
7676 19 (2) Except for a commercial driver's license issued under
7777 20 IC 9-24-6.1, any type of license issued by the state in the form of
7878 21 a mobile credential authorizing an individual to operate the type
7979 22 of vehicle for which the license was issued, in the manner for
8080 23 which the license was issued, on a highway. The term includes
8181 24 any endorsements added to the license under IC 9-24-8.5.
8282 25 (b) Notwithstanding the July 1, 2021, effective date in HEA
8383 26 1506-2019, SECTION 33 (P.L.178-2019), this section takes effect July
8484 27 1, 2020 (rather than July 1, 2021).
8585 28 (b) The term does not include a driving card or a driving card
8686 29 learner's permit.
8787 30 SECTION 4. IC 9-13-2-93.4 IS ADDED TO THE INDIANA CODE
8888 31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
8989 32 1, 2022]: Sec. 93.4. "Licensed driver" means an individual holding
9090 33 either of the following:
9191 34 (1) A valid driver's license issued under IC 9-24-3.
9292 35 (2) A valid driving card issued under IC 9-24-3.5.
9393 36 SECTION 5. IC 9-13-2-123.5, AS AMENDED BY P.L.120-2020,
9494 37 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9595 38 JULY 1, 2022]: Sec. 123.5. (a) "Permit" means the following:
9696 39 (1) A permit issued by the state in physical form authorizing an
9797 40 individual to operate the type of vehicle for which the permit was
9898 41 issued on public streets, roads, or highways with certain
9999 42 restrictions. The term under this subdivision includes the
100100 2022 IN 200—LS 6329/DI 139 3
101101 1 following:
102102 2 (A) A learner's permit.
103103 3 (B) A motorcycle permit.
104104 4 (C) A commercial learner's permit.
105105 5 (D) A driving card.
106106 6 (E) A driving card learner's permit.
107107 7 (2) A permit issued by the state in the form of a mobile credential
108108 8 authorizing an individual to operate the type of vehicle for which
109109 9 the permit was issued on public streets, roads, or highways with
110110 10 certain restrictions. The term under this subdivision includes a
111111 11 learner's permit and a motorcycle permit. The term under this
112112 12 subdivision does not include a commercial learner's permit, a
113113 13 driving card, or a driving card learner's permit.
114114 14 (b) Notwithstanding the July 1, 2021, effective date in HEA
115115 15 1506-2019, SECTION 37 (P.L.178-2019), this section takes effect July
116116 16 1, 2020 (rather than July 1, 2021).
117117 17 SECTION 6. IC 9-14-6-5, AS ADDED BY P.L.198-2016,
118118 18 SECTION 186, IS AMENDED TO READ AS FOLLOWS
119119 19 [EFFECTIVE JULY 1, 2022]: Sec. 5. "Highly restricted personal
120120 20 information" means the following information that identifies an
121121 21 individual:
122122 22 (1) Digital photograph or image.
123123 23 (2) Social Security number.
124124 24 (3) Individual taxpayer identification number.
125125 25 (3) (4) Medical or disability information.
126126 26 (5) Type of credential held by an individual.
127127 27 SECTION 7. IC 9-14-6-6, AS ADDED BY P.L.198-2016,
128128 28 SECTION 186, IS AMENDED TO READ AS FOLLOWS
129129 29 [EFFECTIVE JULY 1, 2022]: Sec. 6. "Personal information" means
130130 30 information that identifies an individual, including an individual's:
131131 31 (1) digital photograph or image;
132132 32 (2) Social Security number;
133133 33 (3) driver's license, driving card, or identification document
134134 34 number;
135135 35 (4) name;
136136 36 (5) address (but not the ZIP code);
137137 37 (6) telephone number; or
138138 38 (7) medical or disability information.
139139 39 The term does not include information about vehicular accidents,
140140 40 driving or equipment related violations, and or an individual's driver's
141141 41 license, driving card, or registration status.
142142 42 SECTION 8. IC 9-14-8-3, AS ADDED BY P.L.198-2016,
143143 2022 IN 200—LS 6329/DI 139 4
144144 1 SECTION 188, IS AMENDED TO READ AS FOLLOWS
145145 2 [EFFECTIVE JULY 1, 2022]: Sec. 3. The bureau may do the
146146 3 following:
147147 4 (1) Adopt and enforce rules under IC 4-22-2 that are necessary to
148148 5 carry out this title.
149149 6 (2) Subject to the approval of the commission, request the
150150 7 necessary office space, storage space, and parking facilities for
151151 8 each license branch operated by the commission from the Indiana
152152 9 department of administration as provided in IC 4-20.5-5-5.
153153 10 (3) Upon any reasonable ground appearing on the records of the
154154 11 bureau and subject to rules and guidelines of the bureau, suspend
155155 12 or revoke the following:
156156 13 (A) The current driving privileges or driver's license of any
157157 14 individual.
158158 15 (B) The current driving privileges or driving card of any
159159 16 individual.
160160 17 (B) (C) The certificate of registration and proof of registration
161161 18 for any vehicle.
162162 19 (C) (D) The certificate of registration and proof of registration
163163 20 for any watercraft, off-road vehicle, or snowmobile.
164164 21 (4) With the approval of the commission, adopt rules under
165165 22 IC 4-22-2 to do the following:
166166 23 (A) Increase or decrease any fee or charge imposed under this
167167 24 title.
168168 25 (B) Impose a fee on any other service for which a fee is not
169169 26 imposed under this article.
170170 27 (C) Increase or decrease a fee imposed under clause (B).
171171 28 (D) Designate the fund or account in which a:
172172 29 (i) fee increase under clause (A) or (C); or
173173 30 (ii) new fee under clause (B);
174174 31 shall be deposited.
175175 32 SECTION 9. IC 9-14-11-5, AS ADDED BY P.L.198-2016,
176176 33 SECTION 191, IS AMENDED TO READ AS FOLLOWS
177177 34 [EFFECTIVE JULY 1, 2022]: Sec. 5. The board shall provide the
178178 35 commissioner and the office of traffic safety created by IC 9-27-2-2
179179 36 with assistance in the administration of Indiana driver licensing laws,
180180 37 including:
181181 38 (1) providing guidance to the commissioner in the area of
182182 39 licensing drivers with health or other problems that may adversely
183183 40 affect a driver's ability to operate a vehicle safely;
184184 41 (2) recommending factors to be used in determining qualifications
185185 42 and ability for issuance and retention of a driver's license or
186186 2022 IN 200—LS 6329/DI 139 5
187187 1 driving card; and
188188 2 (3) recommending and participating in the review of license and
189189 3 driving card suspension, restriction, or revocation appeal
190190 4 procedures, including reasonable investigation into the facts of
191191 5 the matter.
192192 6 SECTION 10. IC 9-14-13-2, AS ADDED BY P.L.198-2016,
193193 7 SECTION 193, IS AMENDED TO READ AS FOLLOWS
194194 8 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The bureau shall not disclose:
195195 9 (1) the Social Security number;
196196 10 (2) the federal identification number;
197197 11 (3) the driver's license or driving card number;
198198 12 (4) the digital image of the driver's license, driving card,
199199 13 identification card, or photo exempt identification card applicant;
200200 14 (5) a reproduction of the signature secured under IC 9-24-9-1,
201201 15 IC 9-24-16-2, or IC 9-24-16.5-2; or
202202 16 (6) medical or disability information;
203203 17 (7) the individual taxpayer identification number;
204204 18 (8) the type of credential held by an individual; or
205205 19 (9) the renewal date of a driver's license or driving card;
206206 20 of any individual except as provided in subsection subsections (b) and
207207 21 (c).
208208 22 (b) The bureau may disclose any information listed in subsection
209209 23 (a)(2), (a)(3), (a)(4), (a)(5), or (a)(6):
210210 24 (1) to a law enforcement officer;
211211 25 (2) to an agent or a designee of the department of state revenue;
212212 26 (3) for uses permitted under IC 9-14-13-7(1), IC 9-14-13-7(4),
213213 27 IC 9-14-13-7(6), and IC 9-14-13-7(9); section 7(1), 7(4), 7(6),
214214 28 and 7(9) of this chapter; or
215215 29 (4) for voter registration and election purposes required under
216216 30 IC 3-7 or IC 9-24-2.5.
217217 31 (c) If the commissioner is presented with a lawful court order or
218218 32 judicial warrant, the bureau may disclose any information listed in
219219 33 subsection (a)(1), (a)(7), (a)(8), or (a)(9):
220220 34 (1) to a law enforcement officer;
221221 35 (2) to an agent or a designee of the department of state
222222 36 revenue;
223223 37 (3) for uses permitted under section 7(1), 7(4), 7(6), and 7(9)
224224 38 of this chapter; or
225225 39 (4) for voter registration and election purposes required
226226 40 under IC 3-7 or IC 9-24-2.5.
227227 41 SECTION 11. IC 9-14-13-7, AS ADDED BY P.L.198-2016,
228228 42 SECTION 193, IS AMENDED TO READ AS FOLLOWS
229229 2022 IN 200—LS 6329/DI 139 6
230230 1 [EFFECTIVE JULY 1, 2022]: Sec. 7. Except as provided in section
231231 2 2(c) of this chapter, the bureau may disclose certain personal
232232 3 information that is not highly restricted personal information, if the
233233 4 person requesting the information provides proof of identity and
234234 5 represents that the use of the personal information will be strictly
235235 6 limited to at least one (1) of the following:
236236 7 (1) For use by a government agency, including a court or law
237237 8 enforcement agency, in carrying out its functions, or a person
238238 9 acting on behalf of a government agency in carrying out its
239239 10 functions.
240240 11 (2) For use in connection with matters concerning:
241241 12 (A) motor vehicle or driver safety and theft;
242242 13 (B) motor vehicle emissions;
243243 14 (C) motor vehicle product alterations, recalls, or advisories;
244244 15 (D) performance monitoring of motor vehicles, motor vehicle
245245 16 parts, and dealers;
246246 17 (E) motor vehicle market research activities, including survey
247247 18 research;
248248 19 (F) the removal of nonowner records from the original owner
249249 20 records of motor vehicle manufacturers; and
250250 21 (G) motor fuel theft under IC 24-4.6-5.
251251 22 (3) For use in the normal course of business by a business or its
252252 23 agents, employees, or contractors, but only:
253253 24 (A) to verify the accuracy of personal information submitted
254254 25 by an individual to the business or its agents, employees, or
255255 26 contractors; and
256256 27 (B) if information submitted to a business is not correct or is
257257 28 no longer correct, to obtain the correct information only for
258258 29 purposes of preventing fraud by pursuing legal remedies
259259 30 against, or recovering on a debt or security interest against, the
260260 31 individual.
261261 32 (4) For use in connection with a civil, a criminal, an
262262 33 administrative, or an arbitration proceeding in a court or
263263 34 government agency or before a self-regulatory body, including the
264264 35 service of process, investigation in anticipation of litigation, and
265265 36 the execution or enforcement of judgments and orders, or under
266266 37 an order of a court.
267267 38 (5) For use in research activities, and for use in producing
268268 39 statistical reports, as long as the personal information is not
269269 40 published, redisclosed, or used to contact the individuals who are
270270 41 the subject of the personal information.
271271 42 (6) For use by an insurer, an insurance support organization, or a
272272 2022 IN 200—LS 6329/DI 139 7
273273 1 self-insured entity, or the agents, employees, or contractors of an
274274 2 insurer, an insurance support organization, or a self-insured entity
275275 3 in connection with claims investigation activities, anti-fraud
276276 4 activities, rating, or underwriting.
277277 5 (7) For use in providing notice to the owners of towed or
278278 6 impounded vehicles.
279279 7 (8) For use by a licensed private investigative agency or licensed
280280 8 security service for a purpose allowed under this section.
281281 9 (9) For use by an employer or its agent or insurer to obtain or
282282 10 verify information relating to a holder of a commercial driver's
283283 11 license that is required under the Commercial Motor Vehicle
284284 12 Safety Act of 1986 (49 U.S.C. 31131 et seq.).
285285 13 (10) For use in connection with the operation of private toll
286286 14 transportation facilities.
287287 15 (11) For any use in response to requests for individual motor
288288 16 vehicle records when the bureau has obtained the written consent
289289 17 of the person to whom the personal information pertains.
290290 18 (12) For bulk distribution for surveys, marketing, or solicitations
291291 19 when the bureau has obtained the written consent of the person to
292292 20 whom the personal information pertains.
293293 21 (13) For use by any person, when the person demonstrates, in a
294294 22 form and manner prescribed by the bureau, that written consent
295295 23 has been obtained from the individual who is the subject of the
296296 24 information.
297297 25 (14) For any other use specifically authorized by law that is
298298 26 related to the operation of a motor vehicle or public safety.
299299 27 However, this section does not affect the use of anatomical gift
300300 28 information on a person's driver's license, driving card, or
301301 29 identification document issued by the bureau, nor does this section
302302 30 affect the administration of anatomical gift initiatives in Indiana.
303303 31 SECTION 12. IC 9-21-8-52, AS AMENDED BY P.L.144-2019,
304304 32 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
305305 33 JULY 1, 2022]: Sec. 52. (a) A person who operates a vehicle and who
306306 34 recklessly:
307307 35 (1) drives at such an unreasonably high rate of speed or at such an
308308 36 unreasonably low rate of speed under the circumstances as to:
309309 37 (A) endanger the safety or the property of others; or
310310 38 (B) block the proper flow of traffic;
311311 39 (2) passes another vehicle from the rear while on a slope or on a
312312 40 curve where vision is obstructed for a distance of less than five
313313 41 hundred (500) feet ahead;
314314 42 (3) drives in and out of a line of traffic, except as otherwise
315315 2022 IN 200—LS 6329/DI 139 8
316316 1 permitted; or
317317 2 (4) speeds up or refuses to give one-half (1/2) of the roadway to
318318 3 a driver overtaking and desiring to pass;
319319 4 commits a Class C misdemeanor. However, the offense is a Class A
320320 5 misdemeanor if it causes bodily injury to a person.
321321 6 (b) A person who operates a vehicle and who recklessly passes a
322322 7 school bus stopped on a roadway or a private road when the arm signal
323323 8 device specified in IC 9-21-12-13 is in the device's extended position
324324 9 commits a Class A misdemeanor. However, the offense is a Level 6
325325 10 felony if it causes bodily injury to a person, and a Level 5 felony if it
326326 11 causes the death of a person.
327327 12 (c) If an offense under subsection (a) results in damage to the
328328 13 property of another person, it is a Class B misdemeanor and the court
329329 14 may recommend the suspension of the current driving license, driving
330330 15 card, or driving card learner's permit of the person convicted of the
331331 16 offense described in subsection (a) for a fixed period of not more than
332332 17 one (1) year.
333333 18 (d) If an offense under subsection (a) causes bodily injury to a
334334 19 person, the court may recommend the suspension of the driving
335335 20 privileges of the person convicted of the offense described in this
336336 21 subsection for a fixed period of not more than one (1) year.
337337 22 (e) In addition to any other penalty imposed under subsection (b),
338338 23 the court may suspend the person's driving privileges:
339339 24 (1) for ninety (90) days; or
340340 25 (2) if the person has committed at least one (1) previous offense
341341 26 under this section or IC 9-21-12-1, for one (1) year.
342342 27 SECTION 13. IC 9-21-11-12, AS AMENDED BY P.L.111-2021,
343343 28 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
344344 29 JULY 1, 2022]: Sec. 12. A motor driven cycle may not be operated
345345 30 under any of the following conditions:
346346 31 (1) By an individual less than fifteen (15) years of age.
347347 32 (2) By an individual who does not have:
348348 33 (A) an unexpired identification card with a motor driven cycle
349349 34 endorsement issued to the individual by the bureau under
350350 35 IC 9-24-16;
351351 36 (B) a valid driver's license or driving card; or
352352 37 (C) a valid learner's permit or driving card learner's permit.
353353 38 (3) On an interstate highway or a sidewalk.
354354 39 (4) At a speed greater than thirty-five (35) miles per hour.
355355 40 (5) The vehicle has not been registered as a motor driven cycle.
356356 41 SECTION 14. IC 9-24-1-1, AS AMENDED BY P.L.111-2021,
357357 42 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
358358 2022 IN 200—LS 6329/DI 139 9
359359 1 JULY 1, 2022]: Sec. 1. (a) Except as provided in section 7 of this
360360 2 chapter, an individual must have a valid:
361361 3 (1) driver's license; or
362362 4 (2) permit;
363363 5 including any necessary endorsements, issued to the individual by the
364364 6 bureau to operate upon a highway the type of motor vehicle for which
365365 7 the driver's license, endorsement, or permit was issued.
366366 8 (b) An individual must have:
367367 9 (1) an unexpired identification card with a motor driven cycle
368368 10 endorsement issued to the individual by the bureau under
369369 11 IC 9-24-16;
370370 12 (2) a valid driver's license or driving card; or
371371 13 (3) a valid learner's permit or driving card learner's permit;
372372 14 to operate a motor driven cycle upon a highway.
373373 15 (c) An individual who violates this section commits a Class C
374374 16 infraction.
375375 17 SECTION 15. IC 9-24-2-1, AS AMENDED BY P.L.111-2021,
376376 18 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
377377 19 JULY 1, 2022]: Sec. 1. (a) The bureau shall suspend the driving
378378 20 privileges or invalidate the learner's permit or driving card learner's
379379 21 permit of an individual who is at least fifteen (15) years of age and less
380380 22 than eighteen (18) years of age and meets any of the following
381381 23 conditions:
382382 24 (1) Is a habitual truant under IC 20-33-2-11.
383383 25 (2) Is under at least a second suspension from school for the
384384 26 school year under IC 20-33-8-14 or IC 20-33-8-15.
385385 27 (3) Is under an expulsion from school under IC 20-33-8-14,
386386 28 IC 20-33-8-15, or IC 20-33-8-16.
387387 29 (4) Is considered a dropout under IC 20-33-2-28.5.
388388 30 (b) At least five (5) days before holding an exit interview under
389389 31 IC 20-33-2-28.5, the school corporation shall give notice by certified
390390 32 mail or personal delivery to the student, the student's parent, or the
391391 33 student's guardian that the student's failure to attend an exit interview
392392 34 under IC 20-33-2-28.5 or return to school if the student does not meet
393393 35 the requirements to withdraw from school under IC 20-33-2-28.5 may
394394 36 result in the revocation or denial of the student's:
395395 37 (1) driver's license, or learner's permit, driving card, or driving
396396 38 card learner's permit; and
397397 39 (2) employment certificate issued under IC 22-2-18 (before its
398398 40 expiration on June 30, 2021).
399399 41 SECTION 16. IC 9-24-2-2, AS AMENDED BY P.L.125-2012,
400400 42 SECTION 167, IS AMENDED TO READ AS FOLLOWS
401401 2022 IN 200—LS 6329/DI 139 10
402402 1 [EFFECTIVE JULY 1, 2022]: Sec. 2. The bureau shall suspend the
403403 2 driving privileges or invalidate the learner's permit or driving card
404404 3 learner's permit of an individual less than eighteen (18) years of age
405405 4 who is under an order entered by a juvenile court under IC 31-37-19-13
406406 5 through IC 31-37-19-17 (or IC 31-6-4-15.9(d), IC 31-6-4-15.9(e), or
407407 6 IC 31-6-4-15.9(f) before their repeal).
408408 7 SECTION 17. IC 9-24-2-2.5, AS AMENDED BY P.L.257-2017,
409409 8 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
410410 9 JULY 1, 2022]: Sec. 2.5. (a) The bureau shall suspend the driving
411411 10 privileges or invalidate the learner's permit or driving card learner's
412412 11 permit of an individual who is under an order entered by a court under
413413 12 IC 35-43-1-2(d).
414414 13 (b) The bureau shall suspend the driving privileges or invalidate the
415415 14 learner's permit or driving card learner's permit of an individual who
416416 15 is the subject of an order issued under IC 31-37-19-17 (or
417417 16 IC 31-6-4-15.9(f) before its repeal) or IC 35-43-1-2(d).
418418 17 SECTION 18. IC 9-24-2-3, AS AMENDED BY P.L.198-2016,
419419 18 SECTION 424, IS AMENDED TO READ AS FOLLOWS
420420 19 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The bureau may not issue a
421421 20 driver's license, or driving card, learner's permit, or driving card
422422 21 learner's permit or grant driving privileges to the following
423423 22 individuals:
424424 23 (1) An individual whose driving privileges have been suspended,
425425 24 during the period for which the driving privileges are suspended,
426426 25 or to an individual whose driver's license or driving card has
427427 26 been revoked, until the time the bureau is authorized under
428428 27 Indiana law to issue the individual a new driver's license or
429429 28 driving card.
430430 29 (2) An individual whose learner's permit or driving card
431431 30 learner's permit has been suspended or revoked until the time
432432 31 the bureau is authorized under Indiana law to issue the individual
433433 32 a new learner's permit or driving card learner's permit.
434434 33 (3) An individual who, in the opinion of the bureau, is afflicted
435435 34 with or suffering from a physical or mental disability or disease
436436 35 that prevents the individual from exercising reasonable and
437437 36 ordinary control over a motor vehicle while operating the motor
438438 37 vehicle on a highway.
439439 38 (4) An individual who is unable to understand highway warnings
440440 39 or direction signs written in the English language.
441441 40 (5) An individual who is required under this article to take an
442442 41 examination unless:
443443 42 (A) the individual successfully passes the examination; or
444444 2022 IN 200—LS 6329/DI 139 11
445445 1 (B) the bureau waives the examination requirement.
446446 2 (6) An individual who is required under IC 9-25 or any other
447447 3 statute to deposit or provide proof of financial responsibility and
448448 4 who has not deposited or provided that proof.
449449 5 (7) An individual when the bureau has good cause to believe that
450450 6 the operation of a motor vehicle on a highway by the individual
451451 7 would be inimical to public safety or welfare.
452452 8 (8) An individual who is the subject of an order issued by:
453453 9 (A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13,
454454 10 IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or
455455 11 (B) the Title IV-D agency;
456456 12 ordering that a driver's license or permit not be issued to the
457457 13 individual.
458458 14 (9) This subdivision does not apply to a driving card or
459459 15 driving card learner's permit and any driving privileges
460460 16 authorized by a driving card or driving card learner's permit.
461461 17 An individual who has not presented valid documentary evidence
462462 18 to the bureau of the individual's legal status in the United States,
463463 19 as required by IC 9-24-9-2.5.
464464 20 (10) An individual who does not otherwise satisfy the
465465 21 requirements of this article.
466466 22 (b) An individual subject to epileptic seizures may not be denied a
467467 23 driver's license or permit under this section if the individual presents
468468 24 a statement from a licensed physician, on a form prescribed by the
469469 25 bureau, that the individual is under medication and is free from
470470 26 seizures while under medication.
471471 27 SECTION 19. IC 9-24-2-4, AS AMENDED BY P.L.111-2021,
472472 28 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
473473 29 JULY 1, 2022]: Sec. 4. (a) If an individual is at least fifteen (15) years
474474 30 of age and less than eighteen (18) years of age and is a habitual truant,
475475 31 is under a suspension or an expulsion, or has withdrawn from school as
476476 32 described in section 1 of this chapter, the bureau shall, upon
477477 33 notification by an authorized representative of the individual's school
478478 34 corporation, suspend the individual's driving privileges until the
479479 35 earliest of the following:
480480 36 (1) The individual becomes eighteen (18) years of age.
481481 37 (2) One hundred twenty (120) days after the individual is
482482 38 suspended.
483483 39 (3) The suspension, expulsion, or exclusion is reversed after the
484484 40 individual has had a hearing under IC 20-33-8.
485485 41 (b) The bureau shall promptly mail a notice to the individual's last
486486 42 known address that states the following:
487487 2022 IN 200—LS 6329/DI 139 12
488488 1 (1) That the individual's driving privileges will be suspended for
489489 2 a specified period commencing five (5) days after the date of the
490490 3 notice.
491491 4 (2) That the individual has the right to appeal the suspension of
492492 5 the driving privileges.
493493 6 (c) If an aggrieved individual believes that:
494494 7 (1) the information provided was technically incorrect; or
495495 8 (2) the bureau committed a technical or procedural error;
496496 9 the aggrieved individual may appeal the invalidation of a driver's
497497 10 license or driving card under section 5 of this chapter.
498498 11 (d) If an individual satisfies the conditions for reinstatement of a
499499 12 driver's license the individual's driving privileges under this section,
500500 13 the individual may submit to the bureau for review the necessary
501501 14 information certifying that at least one (1) of the events described in
502502 15 subsection (a) has occurred.
503503 16 (e) Upon reviewing and certifying the information received under
504504 17 subsection (d), the bureau shall reinstate the individual's driving
505505 18 privileges.
506506 19 (f) An individual may not operate a motor vehicle in violation of this
507507 20 section.
508508 21 (g) An individual whose driving privileges are suspended under this
509509 22 section is eligible to apply for specialized driving privileges under
510510 23 IC 9-30-16.
511511 24 (h) The bureau shall reinstate the driving privileges of an individual
512512 25 whose driving privileges were suspended under this section if the
513513 26 individual does the following:
514514 27 (1) Establishes to the satisfaction of the principal of the school
515515 28 where the action occurred that caused the suspension of the
516516 29 driving privileges that the individual has:
517517 30 (A) enrolled in a full-time or part-time program of education;
518518 31 and
519519 32 (B) participated for thirty (30) or more days in the program of
520520 33 education.
521521 34 (2) Submits to the bureau a form developed by the bureau that
522522 35 contains:
523523 36 (A) the verified signature of the principal or the president of
524524 37 the governing body of the school described in subdivision (1);
525525 38 and
526526 39 (B) notification to the bureau that the person has complied
527527 40 with subdivision (1).
528528 41 An individual may appeal the decision of a principal under subdivision
529529 42 (1) to the governing body of the school corporation where the
530530 2022 IN 200—LS 6329/DI 139 13
531531 1 principal's school is located.
532532 2 SECTION 20. IC 9-24-3-1, AS AMENDED BY P.L.111-2021,
533533 3 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
534534 4 JULY 1, 2022]: Sec. 1. (a) Except as otherwise provided in this article,
535535 5 the bureau shall issue a driver's license to an individual who meets the
536536 6 following conditions:
537537 7 (1) Satisfies the age requirements set forth in section 2.5 of this
538538 8 chapter.
539539 9 (2) Makes proper application to the bureau under IC 9-24-9 upon
540540 10 a form prescribed by the bureau. The form must include an
541541 11 attestation concerning the number of hours of supervised driving
542542 12 practice that the individual has completed if the individual is
543543 13 required under section 2.5 of this chapter to complete a certain
544544 14 number of hours of supervised driving practice in order to receive
545545 15 a driver's license. The:
546546 16 (A) parent or guardian of an applicant less than eighteen (18)
547547 17 years of age; or
548548 18 (B) applicant, if the applicant is at least eighteen (18) years of
549549 19 age;
550550 20 shall attest in writing under penalty of perjury to the time logged
551551 21 in practice driving.
552552 22 (3) Satisfactorily passes the examination and tests required for
553553 23 issuance of a driver's license under IC 9-24-10.
554554 24 (4) Except as provided in subsection (e), (f), pays the following
555555 25 applicable fee:
556556 26 (A) For an individual who is less than seventy-five (75) years
557557 27 of age, seventeen dollars and fifty cents ($17.50).
558558 28 (B) For an individual who is at least seventy-five (75) years of
559559 29 age but less than eighty-five (85) years of age, eleven dollars
560560 30 ($11).
561561 31 (C) For an individual who is at least eighty-five (85) years of
562562 32 age, seven dollars ($7).
563563 33 (b) The bureau shall issue a driving card to an individual who:
564564 34 (1) meets the criteria described in IC 9-24-3.5; and
565565 35 (2) except as provided in subsection (f), pays the applicable fee
566566 36 as follows:
567567 37 (A) For an individual who is less than seventy-five (75)
568568 38 years of age, seventeen dollars and fifty cents ($17.50).
569569 39 (B) For an individual who is at least seventy-five (75) years
570570 40 of age but less than eighty-five (85) years of age, eleven
571571 41 dollars ($11).
572572 42 (C) For an individual who is at least eighty-five (85) years
573573 2022 IN 200—LS 6329/DI 139 14
574574 1 of age, seven dollars ($7).
575575 2 (b) (c) A fee described in subsection (a)(4)(A) or (b)(2)(A) shall be
576576 3 distributed as follows:
577577 4 (1) Fifty cents ($0.50) to the state motor vehicle technology fund.
578578 5 (2) Two dollars ($2) to the crossroads 2000 fund.
579579 6 (3) Four dollars and fifty cents ($4.50) to the motor vehicle
580580 7 highway account.
581581 8 (4) One dollar and twenty-five cents ($1.25) to the integrated
582582 9 public safety communications fund.
583583 10 (5) Nine dollars and twenty-five cents ($9.25) to the commission
584584 11 fund.
585585 12 (c) (d) A fee described in subsection (a)(4)(B) or (b)(2)(B) shall be
586586 13 distributed as follows:
587587 14 (1) Fifty cents ($0.50) to the state motor vehicle technology fund.
588588 15 (2) One dollar and fifty cents ($1.50) to the crossroads 2000 fund.
589589 16 (3) Three dollars ($3) to the motor vehicle highway account.
590590 17 (4) One dollar and twenty-five cents ($1.25) to the integrated
591591 18 public safety communications fund.
592592 19 (5) Four dollars and seventy-five cents ($4.75) to the commission
593593 20 fund.
594594 21 (d) (e) A fee described in subsection (a)(4)(C) or (b)(2)(C) shall be
595595 22 distributed as follows:
596596 23 (1) Fifty cents ($0.50) to the state motor vehicle technology fund.
597597 24 (2) One dollar ($1) to the crossroads 2000 fund.
598598 25 (3) Two dollars ($2) to the motor vehicle highway account.
599599 26 (4) One dollar and twenty-five cents ($1.25) to the integrated
600600 27 public safety communications fund.
601601 28 (5) Two dollars and twenty-five cents ($2.25) to the commission
602602 29 fund.
603603 30 (e) (f) A fee described in subsection (a)(4) or (b)(2) may not be
604604 31 charged to an individual who:
605605 32 (1) is under the care and supervision of the department of child
606606 33 services; or
607607 34 (2) represents, pursuant to IC 31-36-3-4(b), a homeless youth (as
608608 35 defined in IC 31-36-3-4) and presents a fee and consent waiver
609609 36 affidavit described in IC 31-36-3-4(c);
610610 37 and meets all other requirements for a driver's license or driving card
611611 38 under this article.
612612 39 SECTION 21. IC 9-24-3.5 IS ADDED TO THE INDIANA CODE
613613 40 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
614614 41 JULY 1, 2022]:
615615 42 Chapter 3.5. Driving Card
616616 2022 IN 200—LS 6329/DI 139 15
617617 1 Sec. 1. An individual who is unable to present the valid
618618 2 documentary evidence required by IC 9-24-9-2.5 may apply to the
619619 3 bureau for a driving card.
620620 4 Sec. 2. The bureau shall issue a driving card to an individual
621621 5 who meets the following conditions:
622622 6 (1) Satisfies the age requirements set forth in section 3 of this
623623 7 chapter.
624624 8 (2) Makes proper application to the bureau under IC 9-24-9
625625 9 upon a form prescribed by the bureau. The form must include
626626 10 an attestation concerning the number of hours of supervised
627627 11 driving practice that the individual has completed if the
628628 12 individual is required under section 3 of this chapter to
629629 13 complete a certain number of hours of supervised driving
630630 14 practice in order to receive a driving card. The:
631631 15 (A) parent or guardian of an applicant less than eighteen
632632 16 (18) years of age; or
633633 17 (B) applicant, if the applicant is at least eighteen (18) years
634634 18 of age;
635635 19 shall attest in writing under penalty of perjury to the time
636636 20 logged in practice driving.
637637 21 (3) Satisfactorily passes the examination and tests required
638638 22 for issuance of a driving card under IC 9-24-10.
639639 23 (4) Pays the fee prescribed by IC 9-24-3-1(b).
640640 24 Sec. 3. (a) An individual must satisfy the requirements set forth
641641 25 in one (1) of the following subdivisions to receive a driving card:
642642 26 (1) The individual meets the following conditions:
643643 27 (A) Is at least sixteen (16) years and ninety (90) days of age.
644644 28 (B) Has held a valid driving card learner's permit for at
645645 29 least one hundred eighty (180) days.
646646 30 (C) Obtains an instructor's certification that the individual
647647 31 has satisfactorily completed an approved driver education
648648 32 course.
649649 33 (D) Passes the required examinations.
650650 34 (E) Completes at least fifty (50) hours of supervised driving
651651 35 practice, of which at least ten (10) hours are nighttime
652652 36 driving, as provided in subsection (b).
653653 37 (2) The individual meets the following conditions:
654654 38 (A) Is at least sixteen (16) years and two hundred seventy
655655 39 (270) days of age.
656656 40 (B) Has held a valid driving card learner's permit for at
657657 41 least one hundred eighty (180) days.
658658 42 (C) Passes the required examinations.
659659 2022 IN 200—LS 6329/DI 139 16
660660 1 (D) Completes at least fifty (50) hours of supervised
661661 2 driving practice, of which at least ten (10) hours are
662662 3 nighttime driving, as provided in subsection (b).
663663 4 (3) The individual meets the following conditions:
664664 5 (A) Is at least sixteen (16) years and one hundred eighty
665665 6 (180) days of age but less than eighteen (18) years of age.
666666 7 (B) Has previously been a nonresident of Indiana, but at
667667 8 the time of application, qualifies as an Indiana resident.
668668 9 (C) Has held for at least one hundred eighty (180) days a
669669 10 valid driver's license, excluding a learner's permit or the
670670 11 equivalent, in the state or a combination of states in which
671671 12 the individual formerly resided.
672672 13 (D) Passes the required examinations.
673673 14 (4) The individual meets the following conditions:
674674 15 (A) Is at least eighteen (18) years of age.
675675 16 (B) Has previously been a nonresident of Indiana, but at
676676 17 the time of application, qualifies as an Indiana resident.
677677 18 (C) Held a valid driver's license, excluding a learner's
678678 19 permit or the equivalent, from the state of prior residence.
679679 20 (D) Passes the required examinations.
680680 21 (5) The individual meets the following conditions:
681681 22 (A) Is at least eighteen (18) years of age.
682682 23 (B) Is a person with a disability.
683683 24 (C) Has successfully completed driver rehabilitation
684684 25 training by a certified driver rehabilitation specialist
685685 26 recognized by the bureau.
686686 27 (D) Passes the required examinations.
687687 28 (b) An applicant who is required to complete at least fifty (50)
688688 29 hours of supervised driving under subsection (a)(1)(E) or (a)(2)(D)
689689 30 must do the following:
690690 31 (1) If the applicant is less than eighteen (18) years of age,
691691 32 complete the practice driving with:
692692 33 (A) a licensed driver, with valid driving privileges, who is:
693693 34 (i) at least twenty-five (25) years of age; and
694694 35 (ii) related to the applicant by blood, marriage, or legal
695695 36 status;
696696 37 (B) the spouse of the applicant who is:
697697 38 (i) a licensed driver with valid driving privileges; and
698698 39 (ii) at least twenty-one (21) years of age; or
699699 40 (C) an individual with valid driving privileges who:
700700 41 (i) is licensed as a driver education instructor under
701701 42 IC 9-27-6-8 and is working under the direction of a
702702 2022 IN 200—LS 6329/DI 139 17
703703 1 driver training school described in IC 9-27-6-3(a)(2); or
704704 2 (ii) is a certified driver rehabilitation specialist
705705 3 recognized by the bureau who is employed through a
706706 4 driver rehabilitation program.
707707 5 (2) If the applicant is at least eighteen (18) years of age,
708708 6 complete the driving practice with:
709709 7 (A) a licensed driver, with valid driving privileges, who is
710710 8 at least twenty-five (25) years of age; or
711711 9 (B) the spouse of the applicant who is:
712712 10 (i) a licensed driver with valid driving privileges; and
713713 11 (ii) at least twenty-one (21) years of age.
714714 12 (3) If the applicant is less than eighteen (18) years of age and
715715 13 is under the care and supervision of the department of child
716716 14 services, complete the driving practice with:
717717 15 (A) a licensed driver with valid driving privileges who is:
718718 16 (i) at least twenty-five (25) years of age; and
719719 17 (ii) related to the applicant by blood, marriage, or legal
720720 18 status;
721721 19 (B) a licensed driver with valid driving privileges who is:
722722 20 (i) at least twenty-five (25) years of age; and
723723 21 (ii) approved by the department of child services; or
724724 22 (C) an individual with valid driving privileges who is:
725725 23 (i) licensed as a driver education instructor under
726726 24 IC 9-27-6-8 and is working under the direction of a
727727 25 driver training school described in IC 9-27-6-3(a)(2); or
728728 26 (ii) a certified driver rehabilitation specialist recognized
729729 27 by the bureau who is employed through a driver
730730 28 rehabilitation program.
731731 29 (4) Submit to the commission under IC 9-24-9-2(c) evidence
732732 30 of the time logged in practice driving.
733733 31 (c) The bureau may waive:
734734 32 (1) up to six (6) months of the age requirement;
735735 33 (2) any of the experience or practice and driving
736736 34 requirements; or
737737 35 (3) the requirements described in both subdivisions (1) and
738738 36 (2);
739739 37 for an individual making an application for the individual's driving
740740 38 card due to hardship conditions.
741741 39 Sec. 4. In addition to applicable fees collected under
742742 40 IC 9-24-3-1(b) for a driving card, the bureau shall collect a
743743 41 supplemental fee of fifty dollars ($50) for an individual to obtain a
744744 42 driving card.
745745 2022 IN 200—LS 6329/DI 139 18
746746 1 Sec. 5. A driving card must include a statement on the face of
747747 2 the card that indicates that the driving card may not be accepted
748748 3 by any federal agency for federal identification or any other
749749 4 federal purpose.
750750 5 Sec. 6. A driving card allows the holder to operate a passenger
751751 6 motor vehicle or a truck with a declared gross weight equal to or
752752 7 less than eleven thousand (11,000) pounds.
753753 8 Sec. 7. An individual who holds a driving card and operates a
754754 9 motor vehicle shall verify that financial responsibility on any
755755 10 motor vehicle that the holder operates is continuously maintained
756756 11 in the amounts required by IC 9-25-4.
757757 12 Sec. 8. (a) The bureau may impose an additional fee of
758758 13 twenty-five dollars ($25) if the bureau processes a credential
759759 14 application under this chapter in a period of time that is shorter
760760 15 than the normal processing period. The bureau shall deposit the fee
761761 16 in the commission fund.
762762 17 (b) A fee imposed under this section is in addition to any other
763763 18 fee imposed under this chapter.
764764 19 Sec. 9. The bureau shall adopt rules under IC 4-22-2 to
765765 20 implement this chapter.
766766 21 SECTION 22. IC 9-24-7-1, AS AMENDED BY P.L.155-2019,
767767 22 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
768768 23 JULY 1, 2022]: Sec. 1. (a) The bureau shall issue a learner's permit or
769769 24 driving card learner's permit to an individual who satisfies the
770770 25 following conditions:
771771 26 (1) Makes a proper application in the form and manner prescribed
772772 27 by the bureau.
773773 28 (2) Except as provided in subsection (d), (e), pays a fee under
774774 29 subsection (b) (c) or (c), (d), as applicable.
775775 30 (3) If less than eighteen (18) years of age, is not ineligible under
776776 31 IC 9-24-2-1.
777777 32 (4) Has passed a written examination as required under
778778 33 IC 9-24-10.
779779 34 (5) Either:
780780 35 (A) is at least sixteen (16) years of age; or
781781 36 (B) if at least fifteen (15) years of age but less than sixteen
782782 37 (16) years of age, is enrolled in an approved driver education
783783 38 course.
784784 39 (b) An individual who is unable to present the valid
785785 40 documentary evidence required by IC 9-24-9-2.5 may apply for a
786786 41 driving card learner's permit. A driving card learner's permit may
787787 42 be used only as the basis to acquire a driving card under
788788 2022 IN 200—LS 6329/DI 139 19
789789 1 IC 9-24-3.5. A driving card learner's permit must include a
790790 2 statement on the face of the card that indicates that the driving
791791 3 card learner's permit may not be accepted by any federal agency
792792 4 for federal identification or any other federal purpose. A driving
793793 5 card learner's permit allows the holder to operate a passenger
794794 6 motor vehicle or a truck with a declared gross weight equal to or
795795 7 less than eleven thousand (11,000) pounds. An individual who holds
796796 8 a driving card learner's permit and operates a motor vehicle shall
797797 9 verify that financial responsibility on any motor vehicle that the
798798 10 holder operates is continuously maintained in the amounts
799799 11 required by IC 9-25-4.
800800 12 (b) (c) The fee for a learner's permit issued before January 1, 2017,
801801 13 is nine dollars and fifty cents ($9.50). The fee shall be distributed as
802802 14 follows:
803803 15 (1) Fifty cents ($0.50) to the motor vehicle highway account.
804804 16 (2) Fifty cents ($0.50) to the state motor vehicle technology fund.
805805 17 (3) Two dollars ($2) to the crossroads 2000 fund.
806806 18 (4) One dollar and seventy-five cents ($1.75) to the integrated
807807 19 public safety communications fund.
808808 20 (5) Four dollars and seventy-five cents ($4.75) to the commission
809809 21 fund.
810810 22 (c) (d) The fee for a learner's permit issued after December 31,
811811 23 2016, or a driving card learner's permit issued after June 30, 2022,
812812 24 is nine dollars ($9). The fee shall be distributed as follows:
813813 25 (1) Twenty-five cents ($0.25) to the motor vehicle highway
814814 26 account.
815815 27 (2) Fifty cents ($0.50) to the state motor vehicle technology fund.
816816 28 (3) Two dollars ($2) to the crossroads 2000 fund.
817817 29 (4) One dollar and twenty-five cents ($1.25) to the integrated
818818 30 public safety communications fund.
819819 31 (5) Five dollars ($5) to the commission fund.
820820 32 (d) (e) A fee described in subsection (a) may not be charged to an
821821 33 individual who:
822822 34 (1) is under the care and supervision of the department of child
823823 35 services; or
824824 36 (2) represents, pursuant to IC 31-36-3-4(b), a homeless youth (as
825825 37 defined in IC 31-36-3-4) and presents a fee and consent waiver
826826 38 affidavit described in IC 31-36-3-4(c);
827827 39 and meets all other requirements for a learner's permit or driving card
828828 40 learner's permit under IC 9-24.
829829 41 (f) In addition to the applicable fees charged under this section
830830 42 for a driving card learner's permit, the bureau shall collect a
831831 2022 IN 200—LS 6329/DI 139 20
832832 1 supplemental fee of fifty dollars ($50) to obtain a driving card
833833 2 learner's permit.
834834 3 SECTION 23. IC 9-24-7-4, AS AMENDED BY P.L.111-2021,
835835 4 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
836836 5 JULY 1, 2022]: Sec. 4. (a) Except as provided in section 1(b) of this
837837 6 chapter, a learner's permit authorizes the holder to operate a motor
838838 7 vehicle, except a motorcycle or a commercial motor vehicle, upon a
839839 8 highway under the following conditions:
840840 9 (1) While the holder is participating in practice driving in an
841841 10 approved driver education course and is accompanied in the front
842842 11 seat of the motor vehicle by an individual with valid driving
843843 12 privileges who:
844844 13 (A) is licensed as a driver education instructor under
845845 14 IC 9-27-6-8 and is working under the direction of a driver
846846 15 training school described in IC 9-27-6-3(a)(2); or
847847 16 (B) is a certified driver rehabilitation specialist recognized by
848848 17 the bureau who is employed through a driver rehabilitation
849849 18 program.
850850 19 (2) While the holder is participating in practice driving after
851851 20 having commenced an approved driver education course and is
852852 21 accompanied in the front seat of the motor vehicle by an
853853 22 individual with valid driving privileges who is at least:
854854 23 (A) twenty-five (25) years of age and related to the applicant
855855 24 by blood, marriage, or legal status; or
856856 25 (B) if the licensed individual is the holder's spouse, twenty-one
857857 26 (21) years of age.
858858 27 (3) If the holder is not participating in an approved driver
859859 28 education course, and is less than eighteen (18) years of age, the
860860 29 holder may participate in practice driving if accompanied in the
861861 30 front seat of the motor vehicle by an individual who is:
862862 31 (A) a licensed driver, with valid driving privileges, who is:
863863 32 (i) at least twenty-five (25) years of age; and
864864 33 (ii) related to the applicant by blood, marriage, or legal
865865 34 status;
866866 35 (B) the spouse of the applicant who is:
867867 36 (i) a licensed driver with valid driving privileges; and
868868 37 (ii) at least twenty-one (21) years of age; or
869869 38 (C) an individual with valid driving privileges who:
870870 39 (i) is licensed as a driver education instructor under
871871 40 IC 9-27-6-8 and is working under the direction of a driver
872872 41 training school described in IC 9-27-6-3(a)(2); or
873873 42 (ii) is a certified driver rehabilitation specialist recognized
874874 2022 IN 200—LS 6329/DI 139 21
875875 1 by the bureau who is employed through a driver
876876 2 rehabilitation program.
877877 3 (4) If the holder is not participating in an approved driver
878878 4 education course, and is at least eighteen (18) years of age, the
879879 5 holder may participate in practice driving if accompanied in the
880880 6 front seat of the motor vehicle by an individual who is:
881881 7 (A) a licensed driver, with valid driving privileges, who is at
882882 8 least twenty-five (25) years of age; or
883883 9 (B) the spouse of the applicant who is:
884884 10 (i) a licensed driver with valid driving privileges; and
885885 11 (ii) at least twenty-one (21) years of age.
886886 12 (5) If the holder is less than eighteen (18) years of age and is
887887 13 under the care and supervision of the department of child
888888 14 services, the holder may participate in practice driving if
889889 15 accompanied in the front seat of the motor vehicle by an
890890 16 individual who is:
891891 17 (A) a licensed driver with valid driving privileges who is:
892892 18 (i) at least twenty-five (25) years of age; and
893893 19 (ii) related to the applicant by blood, marriage, or legal
894894 20 status;
895895 21 (B) a licensed driver with valid driving privileges who is:
896896 22 (i) at least twenty-five (25) years of age; and
897897 23 (ii) approved by the department of child services; or
898898 24 (C) an individual with valid driving privileges who is:
899899 25 (i) licensed as a driver education instructor under
900900 26 IC 9-27-6-8 and is working under the direction of a driver
901901 27 training school described in IC 9-27-6-3(a)(2); or
902902 28 (ii) a certified driver rehabilitation specialist recognized by
903903 29 the bureau who is employed through a driver rehabilitation
904904 30 program.
905905 31 (b) A holder of a learner's permit or driving card learner's permit
906906 32 may operate a motor driven cycle.
907907 33 SECTION 24. IC 9-24-7-5, AS AMENDED BY P.L.111-2021,
908908 34 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
909909 35 JULY 1, 2022]: Sec. 5. (a) A holder of a learner's permit may take the
910910 36 skills examination for a driver's license not later than the expiration
911911 37 date of the learner's permit.
912912 38 (b) A holder of a driving card learner's permit may take the
913913 39 skills examination for a driving card not later than the expiration
914914 40 date of the driving card learner's permit.
915915 41 (c) A holder who does not pass the skills examination for:
916916 42 (1) a driver's license; or
917917 2022 IN 200—LS 6329/DI 139 22
918918 1 (2) a driving card;
919919 2 after a third attempt is not eligible to take the examination until two (2)
920920 3 months after the date of the last failed examination.
921921 4 SECTION 25. IC 9-24-7-7, AS AMENDED BY P.L.85-2013,
922922 5 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
923923 6 JULY 1, 2022]: Sec. 7. The bureau shall publish the following:
924924 7 (1) An online driving guide that may be used by the holder of a
925925 8 learner's permit or a driving card learner's permit and the
926926 9 parent of the holder of a learner's permit or a driving card
927927 10 learner's permit, if applicable.
928928 11 (2) An online log that must be completed to show evidence of the
929929 12 completion of the hours of supervised practice driving required
930930 13 under IC 9-24-3-2.5(a)(1)(E), or IC 9-24-3-2.5(a)(2)(D),
931931 14 IC 9-24-3.5-3(a)(1)(E), or IC 9-24-3.5-3(a)(2)(D), as
932932 15 applicable.
933933 16 SECTION 26. IC 9-24-9-2, AS AMENDED BY P.L.178-2019,
934934 17 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
935935 18 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b), each
936936 19 application for a driver's license or permit under this chapter must
937937 20 require the following information:
938938 21 (1) The full legal name of the applicant.
939939 22 (2) The applicant's date of birth.
940940 23 (3) The gender of the applicant.
941941 24 (4) The applicant's height, weight, hair color, and eye color.
942942 25 (5) The address of the applicant.
943943 26 (6) A:
944944 27 (A) valid Social Security number; or
945945 28 (B) verification of an applicant's:
946946 29 (i) ineligibility to be issued a Social Security number; and
947947 30 (ii) identity and lawful status;
948948 31 unless the applicant is applying for a driving card under
949949 32 IC 9-24-3.5 or a driving card learner's permit under
950950 33 IC 9-24-7-1(b). An applicant for a driving card or driving
951951 34 card learner's permit must submit a valid individual taxpayer
952952 35 identification number for the applicant.
953953 36 (7) Whether the applicant has been subject to fainting spells or
954954 37 seizures.
955955 38 (8) Whether the applicant has been issued a driver's license or has
956956 39 been the holder of a permit, and if so, when and by what
957957 40 jurisdiction.
958958 41 (9) Whether the applicant's driver's license or permit has ever
959959 42 been suspended or revoked, and if so, the date of and the reason
960960 2022 IN 200—LS 6329/DI 139 23
961961 1 for the suspension or revocation.
962962 2 (10) Whether the applicant has been convicted of:
963963 3 (A) a crime punishable as a felony under Indiana motor
964964 4 vehicle law; or
965965 5 (B) any other felony in the commission of which a motor
966966 6 vehicle was used;
967967 7 that has not been expunged by a court.
968968 8 (11) Whether the applicant has a physical or mental disability,
969969 9 and if so, the nature of the disability.
970970 10 (12) The signature of the applicant showing the applicant's legal
971971 11 name as it appears or will appear on the driver's license or permit.
972972 12 (13) A digital photograph of the applicant.
973973 13 (14) Any other information the bureau requires.
974974 14 (b) For purposes of subsection (a), an individual certified as a
975975 15 program participant in the address confidentiality program under
976976 16 IC 5-26.5 is not required to provide the individual's address, but may
977977 17 provide an address designated by the office of the attorney general
978978 18 under IC 5-26.5 as the individual's address.
979979 19 (c) In addition to the information required by subsection (a), an
980980 20 applicant who is required to complete at least fifty (50) hours of
981981 21 supervised practice driving under IC 9-24-3-2.5(a)(1)(E), or
982982 22 IC 9-24-3-2.5(a)(2)(D), IC 9-24-3.5-3(a)(1)(E), or
983983 23 IC 9-24-3.5-3(a)(2)(D) must submit to the bureau evidence of the time
984984 24 logged in practice driving.
985985 25 SECTION 27. IC 9-24-9-2.5, AS AMENDED BY P.L.198-2016,
986986 26 SECTION 465, IS AMENDED TO READ AS FOLLOWS
987987 27 [EFFECTIVE JULY 1, 2022]: Sec. 2.5. (a) Except as provided in
988988 28 subsection (b), in addition to the information required from the
989989 29 applicant for a driver's license or permit under sections 1 and 2 of this
990990 30 chapter, the bureau shall require an applicant to present to the bureau
991991 31 valid documentary evidence that the applicant:
992992 32 (1) is a citizen or national of the United States;
993993 33 (2) is an alien lawfully admitted for permanent residence in the
994994 34 United States;
995995 35 (3) has conditional permanent resident status in the United States;
996996 36 (4) has an approved application for asylum in the United States or
997997 37 has entered into the United States in refugee status;
998998 38 (5) is an alien lawfully admitted for temporary residence in the
999999 39 United States;
10001000 40 (6) has a valid unexpired nonimmigrant visa or nonimmigrant visa
10011001 41 status for entry into the United States;
10021002 42 (7) has a pending application for asylum in the United States;
10031003 2022 IN 200—LS 6329/DI 139 24
10041004 1 (8) has a pending or approved application for temporary protected
10051005 2 status in the United States;
10061006 3 (9) has approved deferred action status; or
10071007 4 (10) has a pending application for adjustment of status to that of
10081008 5 an alien lawfully admitted for permanent residence in the United
10091009 6 States or conditional permanent resident status in the United
10101010 7 States.
10111011 8 (b) An applicant for a driving card under IC 9-24-3.5 or a
10121012 9 driving card learner's permit under IC 9-24-7-1(b) who is unable
10131013 10 to provide the documentation required under subsection (a) must
10141014 11 provide to the bureau:
10151015 12 (1) documentation of residence in Indiana as required by rules
10161016 13 adopted by the bureau under IC 4-22-2 or emergency rules
10171017 14 adopted in the manner provided under IC 4-22-2-37.1; and
10181018 15 (2) documentation of identity, including:
10191019 16 (A) a certified copy of the individual's birth certificate;
10201020 17 (B) a foreign passport; or
10211021 18 (C) other documentation considered acceptable under
10221022 19 rules established by the bureau.
10231023 20 The bureau shall establish rules for the types of acceptable
10241024 21 documentation permitted under this subsection.
10251025 22 SECTION 28. IC 9-24-10-4, AS AMENDED BY P.L.111-2021,
10261026 23 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10271027 24 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsection (c), an
10281028 25 examination for a learner's permit, or driver's license, driving card
10291029 26 learner's permit, or driving card must include the following:
10301030 27 (1) A test of the following of the applicant:
10311031 28 (A) Eyesight.
10321032 29 (B) Ability to read and understand highway signs regulating,
10331033 30 warning, and directing traffic.
10341034 31 (C) Knowledge of Indiana traffic laws, including IC 9-26-1-1.5
10351035 32 and IC 9-21-12-1.
10361036 33 (2) An actual demonstration of the applicant's skill in exercising
10371037 34 ordinary and reasonable control in the operation of a motor
10381038 35 vehicle under the type of permit or driver's license applied for.
10391039 36 (b) The examination may include further physical and mental
10401040 37 examination that the bureau finds necessary to determine the
10411041 38 applicant's fitness to operate a motor vehicle safely upon a highway.
10421042 39 The applicant must provide the motor vehicle used in the examination.
10431043 40 An autocycle may not be used as the motor vehicle provided for the
10441044 41 examination.
10451045 42 (c) The bureau may waive:
10461046 2022 IN 200—LS 6329/DI 139 25
10471047 1 (1) the testing required under subsection (a)(1)(A) if the applicant
10481048 2 provides evidence from a licensed ophthalmologist or licensed
10491049 3 optometrist that the applicant's vision is fit to operate a motor
10501050 4 vehicle in a manner that does not jeopardize the safety of
10511051 5 individuals or property;
10521052 6 (2) the actual demonstration required under subsection (a)(2) for
10531053 7 an individual who has passed:
10541054 8 (A) a driver's education class and a skills test given by a driver
10551055 9 training school;
10561056 10 (B) a driver education program given by an entity licensed
10571057 11 under IC 9-27; or
10581058 12 (C) a skills assessment conducted by a third party approved by
10591059 13 the bureau;
10601060 14 (3) the testing, other than eyesight testing under subsection
10611061 15 (a)(1)(A), of an applicant who has passed:
10621062 16 (A) an examination concerning:
10631063 17 (i) subsection (a)(1)(B); and
10641064 18 (ii) subsection (a)(1)(C); and
10651065 19 (B) a skills test;
10661066 20 given by a driver training school or an entity licensed under
10671067 21 IC 9-27; and
10681068 22 (4) the testing, other than the eyesight testing described in
10691069 23 subsection (a)(1)(A), of an applicant who:
10701070 24 (A) is at least eighteen (18) years of age;
10711071 25 (B) was previously a nonresident but now qualifies as an
10721072 26 Indiana resident at the time of application; and
10731073 27 (C) holds a valid driver's license, excluding a learner's permit
10741074 28 or its equivalent, from the applicant's state of prior residence.
10751075 29 (d) The following are not civilly or criminally liable for a report
10761076 30 made in good faith to the bureau, commission, or driver licensing
10771077 31 medical advisory board concerning the fitness of the applicant to
10781078 32 operate a motor vehicle in a manner that does not jeopardize the safety
10791079 33 of individuals or property:
10801080 34 (1) An instructor having a license under IC 9-27-6-8.
10811081 35 (2) A licensed ophthalmologist or licensed optometrist.
10821082 36 SECTION 29. IC 9-24-10-7, AS AMENDED BY P.L.111-2021,
10831083 37 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10841084 38 JULY 1, 2022]: Sec. 7. (a) If the bureau has good cause to believe that
10851085 39 a licensed driver is:
10861086 40 (1) incompetent; or
10871087 41 (2) otherwise unfit to operate a motor vehicle;
10881088 42 the bureau may, upon written notice of at least five (5) days, require the
10891089 2022 IN 200—LS 6329/DI 139 26
10901090 1 licensed driver to submit to an examination, an investigation of the
10911091 2 driver's continued fitness to operate a motor vehicle safely, including
10921092 3 requesting medical information from the driver or the driver's health
10931093 4 care sources, or both an examination and an investigation.
10941094 5 (b) Upon the conclusion of all examinations and investigations of a
10951095 6 driver under this section, the bureau:
10961096 7 (1) shall take appropriate action; and
10971097 8 (2) may:
10981098 9 (A) suspend or revoke the driver's license, driving card, or
10991099 10 driving privileges of the licensed driver;
11001100 11 (B) permit the licensed driver to retain the driver's license,
11011101 12 driving card, or driving privileges of the licensed driver; or
11021102 13 (C) issue restricted driving privileges subject to restrictions the
11031103 14 bureau considers necessary in the interest of public safety.
11041104 15 (c) If a licensed driver refuses or neglects to submit to an
11051105 16 examination or investigation under this section, the bureau may
11061106 17 suspend or revoke the driver's license, driving card, or driving
11071107 18 privileges of the licensed driver. The bureau may not suspend or revoke
11081108 19 the driver's license, driving card, or driving privileges of the licensed
11091109 20 driver until a reasonable investigation of the driver's continued fitness
11101110 21 to operate a motor vehicle safely has been made by the bureau.
11111111 22 SECTION 30. IC 9-24-11-3.5, AS AMENDED BY P.L.147-2018,
11121112 23 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11131113 24 JULY 1, 2022]: Sec. 3.5. (a) This section applies:
11141114 25 (1) to an individual who is less than twenty-one (21) years of age;
11151115 26 and
11161116 27 (2) during the one hundred eighty (180) day period after the
11171117 28 individual is issued a driver's license or driving card under this
11181118 29 article.
11191119 30 (b) An individual may not operate a motor vehicle:
11201120 31 (1) from 10 p.m. until 5 a.m. of the following morning, unless the
11211121 32 individual is:
11221122 33 (A) participating in, going to, or returning from:
11231123 34 (i) lawful employment;
11241124 35 (ii) a school sanctioned activity; or
11251125 36 (iii) a religious event; or
11261126 37 (B) accompanied in the front seat of the motor vehicle by a
11271127 38 licensed driver with valid driving privileges who is:
11281128 39 (i) at least twenty-five (25) years of age; or
11291129 40 (ii) if the licensed driver is the individual's spouse, at least
11301130 41 twenty-one (21) years of age; or
11311131 42 (2) in which there are passengers, unless:
11321132 2022 IN 200—LS 6329/DI 139 27
11331133 1 (A) each passenger in the motor vehicle is:
11341134 2 (i) a child or stepchild of the individual;
11351135 3 (ii) a sibling of the individual, including step or half
11361136 4 siblings;
11371137 5 (iii) the spouse of the individual;
11381138 6 (iv) a parent or legal guardian of the individual;
11391139 7 (v) a grandparent of the individual; or
11401140 8 (vi) any combination of individuals described in items (i)
11411141 9 through (v); or
11421142 10 (B) the individual is accompanied in the front seat of the motor
11431143 11 vehicle by a licensed driver with valid driving privileges who
11441144 12 is:
11451145 13 (i) at least twenty-five (25) years of age; or
11461146 14 (ii) if the licensed driver is the individual's spouse, at least
11471147 15 twenty-one (21) years of age.
11481148 16 SECTION 31. IC 9-24-11-4, AS AMENDED BY P.L.120-2020,
11491149 17 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11501150 18 JULY 1, 2022]: Sec. 4. (a) This section does not apply to the
11511151 19 possession of a driving card or a driving card learner's permit.
11521152 20 (a) (b) Except as provided in subsection subsections (a) and (d),
11531153 21 (e), an individual may not hold or possess more than one (1) credential
11541154 22 at a time.
11551155 23 (b) (c) An individual may not hold or possess:
11561156 24 (1) a credential; and
11571157 25 (2) a driver's license or identification card issued by a government
11581158 26 authority that issues driver's licenses and identification cards from
11591159 27 another state, territory, federal district, commonwealth, or
11601160 28 possession of the United States.
11611161 29 (c) (d) An individual shall destroy or surrender to the bureau any
11621162 30 and all credentials, driver's licenses, or identification cards that would
11631163 31 cause the individual to violate subsection (a) or (b). (b) or (c).
11641164 32 (d) (e) An individual may hold both a credential in physical form
11651165 33 and in the form of a mobile credential issued under this article at the
11661166 34 same time.
11671167 35 (e) (f) An individual who violates this section commits a Class C
11681168 36 infraction.
11691169 37 (f) Notwithstanding the July 1, 2021, effective date in HEA
11701170 38 1506-2019, SECTION 48 (P.L.178-2019), this section takes effect July
11711171 39 1, 2020 (rather than July 1, 2021).
11721172 40 SECTION 32. IC 9-24-11-5, AS AMENDED BY P.L.120-2020,
11731173 41 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11741174 42 JULY 1, 2022]: Sec. 5. (a) Except as provided in subsection (d), a
11751175 2022 IN 200—LS 6329/DI 139 28
11761176 1 learner's permit, or driver's license, driving card learner's permit, or
11771177 2 driving card issued under this article must contain the following
11781178 3 information:
11791179 4 (1) The full legal name of the permittee or licensee.
11801180 5 (2) The date of birth of the permittee or licensee.
11811181 6 (3) The address of the principal residence of the permittee or
11821182 7 licensee.
11831183 8 (4) The hair color and eye color of the permittee or licensee.
11841184 9 (5) The date of issue and expiration date of the permit or license.
11851185 10 (6) The gender of the permittee or licensee.
11861186 11 (7) The unique identifying number of the permit or license.
11871187 12 (8) The weight of the permittee or licensee.
11881188 13 (9) The height of the permittee or licensee.
11891189 14 (10) A reproduction of the signature of the permittee or licensee.
11901190 15 (11) If the permittee or licensee is less than eighteen (18) years of
11911191 16 age at the time of issuance, the dates, notated prominently, on
11921192 17 which the permittee or licensee will become:
11931193 18 (A) eighteen (18) years of age; and
11941194 19 (B) twenty-one (21) years of age.
11951195 20 (12) If the permittee or licensee is at least eighteen (18) years of
11961196 21 age but less than twenty-one (21) years of age at the time of
11971197 22 issuance, the date, notated prominently, on which the permittee or
11981198 23 licensee will become twenty-one (21) years of age.
11991199 24 (13) Except as provided in subsection (b), a digital photograph of
12001200 25 the permittee or licensee.
12011201 26 (b) The bureau may provide for the omission of a photograph or
12021202 27 computerized image from any driver's license, or learner's permit,
12031203 28 driving card, or driving card learner's permit if there is good cause
12041204 29 for the omission. However, a driver's license, or learner's permit,
12051205 30 driving card, or driving card learner's permit issued without a
12061206 31 digital photograph must include a statement that indicates that the
12071207 32 driver's license, or learner's permit, driving card, or driving card
12081208 33 learner's permit may not be accepted by a federal agency for federal
12091209 34 identification or any other federal purpose.
12101210 35 (c) A driver's license or learner's permit issued to an individual who:
12111211 36 (1) has a valid, unexpired nonimmigrant visa or has nonimmigrant
12121212 37 visa status for entry in the United States;
12131213 38 (2) has a pending application for asylum in the United States;
12141214 39 (3) has a pending or approved application for temporary protected
12151215 40 status in the United States;
12161216 41 (4) has approved deferred action status; or
12171217 42 (5) has a pending application for adjustment of status to that of an
12181218 2022 IN 200—LS 6329/DI 139 29
12191219 1 alien lawfully admitted for permanent residence in the United
12201220 2 States or conditional permanent residence status in the United
12211221 3 States;
12221222 4 must be clearly identified as a temporary driver's license or learner's
12231223 5 permit. A temporary driver's license or learner's permit issued under
12241224 6 this subsection may not be renewed without the presentation of valid
12251225 7 documentary evidence proving that the licensee's or permittee's
12261226 8 temporary status has been extended.
12271227 9 (d) For purposes of subsection (a), an individual certified as a
12281228 10 program participant in the address confidentiality program under
12291229 11 IC 5-26.5 is not required to provide the address of the individual's
12301230 12 principal residence, but may provide an address designated by the
12311231 13 office of the attorney general under IC 5-26.5 as the address of the
12321232 14 individual's principal residence.
12331233 15 (e) Notwithstanding the July 1, 2021, effective date in HEA
12341234 16 1506-2019, SECTION 49 (P.L.178-2019), this section takes effect July
12351235 17 1, 2020 (rather than July 1, 2021).
12361236 18 SECTION 33. IC 9-24-11-5.5, AS AMENDED BY P.L.120-2020,
12371237 19 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12381238 20 JULY 1, 2022]: Sec. 5.5. (a) If an individual has:
12391239 21 (1) indicated on the application for a driver's license or learner's
12401240 22 permit that the individual is a veteran and wishes to have an
12411241 23 indication of the individual's veteran status appear on the driver's
12421242 24 license or learner's permit; and
12431243 25 (2) provided proof at the time of application of the individual's
12441244 26 veteran status;
12451245 27 an indication of the individual's veteran status shall be shown on the
12461246 28 driver's license or learner's permit.
12471247 29 (b) If an individual has:
12481248 30 (1) indicated on the individual's application for a driver's license
12491249 31 or learner's permit that the applicant:
12501250 32 (A) is a surviving spouse of a veteran; and
12511251 33 (B) wishes to have an indication of the applicant's status as a
12521252 34 surviving spouse of a veteran appear on the driver's license or
12531253 35 learner's permit; and
12541254 36 (2) provided the documentation necessary to verify that the
12551255 37 applicant was married, at the time of the decedent's death, to a
12561256 38 veteran;
12571257 39 an indication of the individual's status as a surviving spouse of a
12581258 40 veteran shall be shown on the driver's license or learner's permit.
12591259 41 (c) If an individual submits information concerning the individual's
12601260 42 medical condition in conjunction with the individual's application for
12611261 2022 IN 200—LS 6329/DI 139 30
12621262 1 a driver's license, or learner's permit, driving card, or driving card
12631263 2 learner's permit, the bureau shall place an identifying symbol in a
12641264 3 prominent location on a driver's license, or learner's permit, driving
12651265 4 card, or driving card learner's permit to indicate that the individual
12661266 5 has a medical condition of note. The bureau shall include information
12671267 6 on the individual's driver's license, or learner's permit, driving card, or
12681268 7 driving card learner's permit that briefly describes the individual's
12691269 8 medical condition. The information must be notated in a manner that
12701270 9 alerts an individual reading the driver's license, or learner's permit,
12711271 10 driving card, or driving card learner's permit to the existence of the
12721272 11 medical condition. The individual submitting the information
12731273 12 concerning the medical condition is responsible for its accuracy.
12741274 13 (d) Notwithstanding the July 1, 2021, effective date in HEA
12751275 14 1506-2019, SECTION 50 (P.L.178-2019), this section takes effect July
12761276 15 1, 2020 (rather than July 1, 2021).
12771277 16 SECTION 34. IC 9-24-11-7, AS AMENDED BY P.L.198-2016,
12781278 17 SECTION 486, IS AMENDED TO READ AS FOLLOWS
12791279 18 [EFFECTIVE JULY 1, 2022]: Sec. 7. The bureau, when issuing a
12801280 19 permit or driver's license, may, whenever good cause appears, impose
12811281 20 restrictions suitable to the licensee's or permittee's driving ability with
12821282 21 respect to the type of or special mechanical control devices required on
12831283 22 a motor vehicle that the licensee operates. The bureau may impose
12841284 23 other restrictions applicable to the licensee or permittee that the bureau
12851285 24 determines are appropriate to assure the safe operation of a motor
12861286 25 vehicle by the licensee or permittee, including a requirement to take
12871287 26 prescribed medication. When the restrictions are imposed, the bureau
12881288 27 may:
12891289 28 (1) issue either a special restricted license or a special restricted
12901290 29 permit; or shall
12911291 30 (2) set forth the restrictions upon the usual license or permit
12921292 31 form.
12931293 32 SECTION 35. IC 9-24-12-0.5, AS AMENDED BY P.L.198-2016,
12941294 33 SECTION 489, IS AMENDED TO READ AS FOLLOWS
12951295 34 [EFFECTIVE JULY 1, 2022]: Sec. 0.5. (a) A learner's permit expires
12961296 35 two (2) years after the date of issuance.
12971297 36 (b) A driving card learner's permit expires one (1) year after the
12981298 37 date of issuance.
12991299 38 (b) (c) A motorcycle permit expires one (1) year after the date of
13001300 39 issuance. A motorcycle permit may be renewed one (1) time for a
13011301 40 period of one (1) year. An individual who does not obtain a motorcycle
13021302 41 endorsement under IC 9-24-8.5 before the expiration of the renewed
13031303 42 motorcycle permit may not reapply for a new motorcycle permit for a
13041304 2022 IN 200—LS 6329/DI 139 31
13051305 1 period of one (1) year after the date of expiration of the renewed
13061306 2 motorcycle permit.
13071307 3 (c) (d) A commercial learner's permit expires one hundred eighty
13081308 4 (180) days after the date of issuance. The bureau may issue not more
13091309 5 than three (3) commercial learner's permits to an individual within a
13101310 6 twenty-four (24) month period.
13111311 7 (d) (e) The fee to renew a permit that expires under this section is
13121312 8 the applicable fee to issue the permit under this article.
13131313 9 SECTION 36. IC 9-24-12-1, AS AMENDED BY P.L.111-2021,
13141314 10 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13151315 11 JULY 1, 2022]: Sec. 1. (a) Except as provided in sections 10 and 11 of
13161316 12 this chapter, a driver's license issued to an applicant who is at least
13171317 13 seventy-five (75) years of age expires at midnight of the birthday of the
13181318 14 holder that occurs three (3) years following the date of issuance.
13191319 15 (b) Except as provided in subsections (a) and (c) and sections 10
13201320 16 and 11 of this chapter, a driver's license issued under this article
13211321 17 expires at midnight of the birthday of the holder that occurs six (6)
13221322 18 years following the date of issuance.
13231323 19 (c) A driver's license issued to an individual who is less than
13241324 20 twenty-one (21) years of age expires at midnight of the date thirty (30)
13251325 21 days after the twenty-first birthday of the holder. However, if the
13261326 22 individual complies with IC 9-24-9-2.5(5) IC 9-24-9-2.5(a)(5) through
13271327 23 IC 9-24-9-2.5(9), IC 9-24-9-2.5(a)(9), the driver's license expires:
13281328 24 (1) at midnight one (1) year after issuance if there is no expiration
13291329 25 date on the authorization granted to the individual to remain in the
13301330 26 United States; or
13311331 27 (2) if there is an expiration date on the authorization granted to
13321332 28 the individual to remain in the United States, the earlier of the
13331333 29 following:
13341334 30 (A) At midnight of the date the authorization to remain in the
13351335 31 United States expires.
13361336 32 (B) At midnight of the date thirty (30) days after the
13371337 33 twenty-first birthday of the holder.
13381338 34 SECTION 37. IC 9-24-12-2.5 IS ADDED TO THE INDIANA
13391339 35 CODE AS A NEW SECTION TO READ AS FOLLOWS
13401340 36 [EFFECTIVE JULY 1, 2022]: Sec. 2.5. Except as provided in section
13411341 37 11 of this chapter, a driving card issued to an applicant expires at
13421342 38 midnight of the birthday of the holder that occurs one (1) year
13431343 39 following the date of issuance.
13441344 40 SECTION 38. IC 9-24-12-4, AS AMENDED BY P.L.111-2021,
13451345 41 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13461346 42 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsections (c), and
13471347 2022 IN 200—LS 6329/DI 139 32
13481348 1 (d), and (e), the application for renewal of:
13491349 2 (1) a driver's license;
13501350 3 (2) a chauffeur's license (before the expiration of IC 9-24-4 on
13511351 4 July 1, 2024);
13521352 5 (3) a public passenger chauffeur's license (before the expiration
13531353 6 of IC 9-24-5 on July 1, 2022);
13541354 7 (4) an identification card; or
13551355 8 (5) a photo exempt identification card; or
13561356 9 (6) a driving card;
13571357 10 under this article may be filed not more than twenty-four (24) months
13581358 11 before the expiration date of the license, identification card, or photo
13591359 12 exempt identification card held by the applicant.
13601360 13 (b) Except as provided in subsections (c) and (d), an application for
13611361 14 the renewal of a learner's permit issued under this article may be filed
13621362 15 not more than thirty (30) days before the expiration of the learner's
13631363 16 permit.
13641364 17 (c) When the applicant complies with IC 9-24-9-2.5(5)
13651365 18 IC 9-24-9-2.5(a)(5) through IC 9-24-9-2.5(10), IC 9-24-9-2.5(a)(10),
13661366 19 an application for renewal of a driver's license in subsection (a)(1),
13671367 20 (a)(2), or (a)(3) may be filed not more than one (1) month before the
13681368 21 expiration date of the license held by the applicant.
13691369 22 (d) When the applicant complies with IC 9-24-16-3.5(1)(E) through
13701370 23 IC 9-24-16-3.5(1)(J), an application for renewal of an identification
13711371 24 card under subsection (a)(4) may be filed not more than one (1) month
13721372 25 before the expiration date of the identification card held by the
13731373 26 applicant.
13741374 27 (e) When the applicant complies with IC 9-24-9-2.5(b), an
13751375 28 application for renewal of a driving card under subsection (a)(6)
13761376 29 may be filed not more than one (1) month before the expiration
13771377 30 date of the driving card held by the applicant.
13781378 31 SECTION 39. IC 9-24-12-5, AS AMENDED BY P.L.111-2021,
13791379 32 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13801380 33 JULY 1, 2022]: Sec. 5. (a) Except as provided in subsection (b), and
13811381 34 subject to subsection (d), an individual applying for renewal of a
13821382 35 driver's license (issued under IC 9-24-3), or a chauffeur's license, or a
13831383 36 public passenger chauffeur's license, or a driving card, including any
13841384 37 endorsements in effect with respect to the license or driving card,
13851385 38 must apply in person at a license branch and do the following:
13861386 39 (1) Pass an eyesight examination.
13871387 40 (2) Pass a written examination if:
13881388 41 (A) the applicant has at least six (6) active points on the
13891389 42 applicant's driving record maintained by the bureau;
13901390 2022 IN 200—LS 6329/DI 139 33
13911391 1 (B) the applicant has not reached the applicant's twenty-first
13921392 2 birthday and has active points on the applicant's driving record
13931393 3 maintained by the bureau; or
13941394 4 (C) the applicant is in possession of a driver's license or
13951395 5 driving card that is expired beyond one hundred eighty (180)
13961396 6 days.
13971397 7 (b) The holder of a driver's license (issued under IC 9-24-3), a
13981398 8 chauffeur's or a public passenger chauffeur's license, or a learner's
13991399 9 permit issued under IC 9-24-7 may renew the license, including any
14001400 10 endorsements in effect with respect to the license, by mail or by
14011401 11 electronic service, subject to the following conditions:
14021402 12 (1) A valid computerized image of the individual must exist
14031403 13 within the records of the bureau.
14041404 14 (2) The previous renewal of the individual's driver's license
14051405 15 (issued under IC 9-24-3), chauffeur's or public passenger
14061406 16 chauffeur's license, or a learner's permit issued under IC 9-24-7
14071407 17 must not have been by mail or by electronic service.
14081408 18 (3) The application for or previous renewal of the individual's
14091409 19 license or permit must have included a test of the individual's
14101410 20 eyesight approved by the bureau.
14111411 21 (4) If the individual were applying for the license or permit
14121412 22 renewal in person at a license branch, the individual would not be
14131413 23 required under subsection (a)(2) to submit to a written
14141414 24 examination.
14151415 25 (5) The individual must be a citizen of the United States, as
14161416 26 shown in the records of the bureau.
14171417 27 (6) There must not have been any change in the:
14181418 28 (A) address; or
14191419 29 (B) name;
14201420 30 of the individual since the issuance or previous renewal of the
14211421 31 individual's driver's license (issued under IC 9-24-3), chauffeur's
14221422 32 or public passenger chauffeur's license, or a learner's permit
14231423 33 issued under IC 9-24-7.
14241424 34 (7) The driver's license (issued under IC 9-24-3), chauffeur's or
14251425 35 public passenger chauffeur's license, or a learner's permit issued
14261426 36 under IC 9-24-7 of the individual must not be:
14271427 37 (A) suspended; or
14281428 38 (B) expired more than one hundred eighty (180) days;
14291429 39 at the time of the application for renewal.
14301430 40 (8) If the individual is seventy-five (75) years of age or older at
14311431 41 the time of the application for renewal, the individual must
14321432 42 provide proof, on a form approved by the bureau, that the
14331433 2022 IN 200—LS 6329/DI 139 34
14341434 1 individual has passed an eyesight examination within thirty (30)
14351435 2 days prior to the renewal application.
14361436 3 (c) An individual applying for the renewal of a driver's license
14371437 4 (issued under IC 9-24-3), a chauffeur's license, or a public passenger
14381438 5 chauffeur's license, or a learner's permit, a driving card, or a driving
14391439 6 card learner's permit issued under IC 9-24-7, including any
14401440 7 endorsements in effect with respect to the license, driving card, or
14411441 8 permit, must apply in person at a license branch under subsection (a)
14421442 9 if the individual is not entitled to apply by mail or by electronic service
14431443 10 under subsection (b).
14441444 11 (d) The bureau may not issue or renew a chauffeur's or a public
14451445 12 passenger chauffeur's license after December 31, 2016. If a holder of
14461446 13 a chauffeur's or a public passenger chauffeur's license applies after
14471447 14 December 31, 2016, for renewal of the chauffeur's or public passenger
14481448 15 chauffeur's license, the bureau shall issue to the holder a driver's
14491449 16 license under IC 9-24-3 with a for-hire endorsement if the holder:
14501450 17 (1) applies in a form and manner prescribed by the bureau; and
14511451 18 (2) satisfies the requirements for renewal of a driver's license
14521452 19 issued under IC 9-24-3, including the fee and examination
14531453 20 requirements under this section.
14541454 21 (e) An individual applying for the renewal of a driver's license
14551455 22 issued under IC 9-24-3 or driving card shall pay the following
14561456 23 applicable fee:
14571457 24 (1) If the individual is less than seventy-five (75) years of age,
14581458 25 seventeen dollars and fifty cents ($17.50). The fee shall be
14591459 26 distributed as follows:
14601460 27 (A) Fifty cents ($0.50) to the state motor vehicle technology
14611461 28 fund.
14621462 29 (B) Two dollars ($2) to the crossroads 2000 fund.
14631463 30 (C) Four dollars and fifty cents ($4.50) to the motor vehicle
14641464 31 highway account.
14651465 32 (D) One dollar and twenty-five cents ($1.25) to the integrated
14661466 33 public safety communications fund.
14671467 34 (E) Nine dollars and twenty-five cents ($9.25) to the
14681468 35 commission fund.
14691469 36 (2) If the individual is at least seventy-five (75) years of age and
14701470 37 less than eighty-five (85) years of age, eleven dollars ($11). The
14711471 38 fee shall be distributed as follows:
14721472 39 (A) Fifty cents ($0.50) to the state motor vehicle technology
14731473 40 fund.
14741474 41 (B) One dollar and fifty cents ($1.50) to the crossroads 2000
14751475 42 fund.
14761476 2022 IN 200—LS 6329/DI 139 35
14771477 1 (C) Three dollars ($3) to the motor vehicle highway account.
14781478 2 (D) One dollar and twenty-five cents ($1.25) to the integrated
14791479 3 public safety communications fund.
14801480 4 (E) Four dollars and seventy-five cents ($4.75) to the
14811481 5 commission fund.
14821482 6 (3) If the individual is at least eighty-five (85) years of age, seven
14831483 7 dollars ($7). The fee shall be distributed as follows:
14841484 8 (A) Fifty cents ($0.50) to the state motor vehicle technology
14851485 9 fund.
14861486 10 (B) One dollar ($1) to the crossroads 2000 fund.
14871487 11 (C) Two dollars ($2) to the motor vehicle highway account.
14881488 12 (D) One dollar and twenty-five cents ($1.25) to the integrated
14891489 13 public safety communications fund.
14901490 14 (E) Two dollars and twenty-five cents ($2.25) to the
14911491 15 commission fund.
14921492 16 A fee paid under this subsection after December 31, 2016, includes the
14931493 17 renewal of any endorsements that are in effect with respect to the
14941494 18 driver's license issued under IC 9-24-3 or driving card at the time of
14951495 19 renewal.
14961496 20 SECTION 40. IC 9-24-12-11, AS AMENDED BY P.L.198-2016,
14971497 21 SECTION 497, IS AMENDED TO READ AS FOLLOWS
14981498 22 [EFFECTIVE JULY 1, 2022]: Sec. 11. (a) This section applies to:
14991499 23 (1) a driver's license other than a commercial driver's license; and
15001500 24 (2) a driving card issued under IC 9-24-3.5.
15011501 25 (b) If the birthday of a holder on which the holder's driver's license
15021502 26 or driving card would otherwise expire falls on:
15031503 27 (1) Sunday;
15041504 28 (2) a legal holiday (as set forth in IC 1-1-9-1); or
15051505 29 (3) a weekday when all license branches in the county of
15061506 30 residence of the holder are closed;
15071507 31 the driver's license or driving card of the holder does not expire until
15081508 32 midnight of the first day after the birthday on which a license branch
15091509 33 is open for business in the county of residence of the holder.
15101510 34 (c) A driver's license issued to an applicant who complies with
15111511 35 IC 9-24-9-2.5(5) IC 9-24-9-2.5(a)(5) through IC 9-24-9-2.5(10)
15121512 36 IC 9-24-9-2.5(a)(10) expires:
15131513 37 (1) at midnight one (1) year after issuance if there is no expiration
15141514 38 date on the authorization granted to the individual to remain in the
15151515 39 United States; or
15161516 40 (2) if there is an expiration date on the authorization granted to
15171517 41 the individual to remain in the United States, the earlier of the
15181518 42 following:
15191519 2022 IN 200—LS 6329/DI 139 36
15201520 1 (A) At midnight of the date the authorization of the holder to
15211521 2 be a legal permanent resident or conditional resident alien of
15221522 3 the United States expires.
15231523 4 (B) At midnight of the birthday of the holder that occurs six
15241524 5 (6) years after the date of issuance.
15251525 6 SECTION 41. IC 9-24-12-13, AS ADDED BY P.L.198-2016,
15261526 7 SECTION 499, IS AMENDED TO READ AS FOLLOWS
15271527 8 [EFFECTIVE JULY 1, 2022]: Sec. 13. An individual who fails to
15281528 9 renew the individual's driver's license or driving card on or before the
15291529 10 driver's license expiration date of the driver's license or driving card
15301530 11 shall pay to the bureau an administrative penalty as follows:
15311531 12 (1) Before January 1, 2017, an administrative penalty of five
15321532 13 dollars ($5).
15331533 14 (2) After December 31, 2016, an administrative penalty of six
15341534 15 dollars ($6).
15351535 16 An administrative penalty shall be deposited in the commission fund.
15361536 17 SECTION 42. IC 9-24-13-1, AS AMENDED BY P.L.198-2016,
15371537 18 SECTION 500, IS AMENDED TO READ AS FOLLOWS
15381538 19 [EFFECTIVE JULY 1, 2022]: Sec. 1. An individual holding a driver's
15391539 20 license or driving card issued under this article may exercise the
15401540 21 privilege granted by the driver's license or driving card upon all
15411541 22 highways and is not required to obtain any other driver's license to
15421542 23 exercise the privilege by a county, municipal, or local board or by any
15431543 24 body having authority to adopt local police regulations.
15441544 25 SECTION 43. IC 9-24-14-3.5, AS AMENDED BY P.L.111-2021,
15451545 26 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15461546 27 JULY 1, 2022]: Sec. 3.5. (a) An individual may apply for a
15471547 28 replacement driver's license or learner's permit by electronic service,
15481548 29 subject to the following conditions:
15491549 30 (1) A valid computerized image or digital photograph of the
15501550 31 individual must exist within the records of the bureau.
15511551 32 (2) The individual must be a citizen of the United States, as
15521552 33 shown in the records of the bureau.
15531553 34 (b) An individual applying for a replacement of a driver's license, or
15541554 35 a learner's permit, driving card, or driving card learner's permit
15551555 36 must apply in person at a license branch if the individual is not entitled
15561556 37 to apply by mail or by electronic service under subsection (a).
15571557 38 SECTION 44. IC 9-24-18-1, AS AMENDED BY P.L.111-2021,
15581558 39 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15591559 40 JULY 1, 2022]: Sec. 1. (a) An individual, except an individual
15601560 41 exempted under IC 9-24-1-7, who knowingly or intentionally operates
15611561 42 a motor vehicle upon a highway and has never received a valid driver's
15621562 2022 IN 200—LS 6329/DI 139 37
15631563 1 license or driving card commits a Class C misdemeanor. However, the
15641564 2 offense is a Class A misdemeanor if the individual has a prior unrelated
15651565 3 conviction under this section.
15661566 4 (b) In a prosecution under this section, the burden is on the
15671567 5 defendant to prove by a preponderance of the evidence that the
15681568 6 defendant:
15691569 7 (1) had been issued a driver's license or permit that was valid; or
15701570 8 (2) was operating a motor driven cycle;
15711571 9 at the time of the alleged offense. However, it is not a defense under
15721572 10 subdivision (2) if the defendant was operating the motor driven cycle
15731573 11 in violation of IC 9-21-11-12.
15741574 12 SECTION 45. IC 9-24-18-6, AS AMENDED BY P.L.198-2016,
15751575 13 SECTION 530, IS AMENDED TO READ AS FOLLOWS
15761576 14 [EFFECTIVE JULY 1, 2022]: Sec. 6. In a proceeding to enforce
15771577 15 IC 9-24-1 requiring the operator of a motor vehicle to have a certain
15781578 16 type of driver's license or permit, the burden is on the defendant to
15791579 17 prove by a preponderance of the evidence that the defendant had been
15801580 18 issued the applicable driver's license or permit and that the driver's
15811581 19 license or permit was valid at the time of the alleged offense.
15821582 20 SECTION 46. IC 9-24-18-7.5, AS AMENDED BY P.L.198-2016,
15831583 21 SECTION 531, IS AMENDED TO READ AS FOLLOWS
15841584 22 [EFFECTIVE JULY 1, 2022]: Sec. 7.5. (a) A person that knowingly or
15851585 23 intentionally counterfeits or falsely reproduces a driver's license:
15861586 24 (1) with intent to use the driver's license; or
15871587 25 (2) to permit an individual to use the driver's license;
15881588 26 commits a Class B misdemeanor.
15891589 27 (b) A person that knowingly or intentionally counterfeits or
15901590 28 falsely reproduces a driving card:
15911591 29 (1) with intent to use the driving card; or
15921592 30 (2) to permit an individual to use the driving card;
15931593 31 commits a Class B misdemeanor.
15941594 32 SECTION 47. IC 9-24-18-9, AS AMENDED BY P.L.198-2016,
15951595 33 SECTION 532, IS AMENDED TO READ AS FOLLOWS
15961596 34 [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) The bureau may establish a
15971597 35 driving record for an Indiana resident who does not hold any type of
15981598 36 valid driving license or a driving card. The driving record shall be
15991599 37 established for an unlicensed driver when the bureau receives an
16001600 38 abstract of court conviction for the type of conviction that would appear
16011601 39 on an official driver's record.
16021602 40 (b) If an unlicensed driver applies for and receives any type of
16031603 41 driver's license or driving card in Indiana, the individual's driving
16041604 42 record as an unlicensed driver shall be recorded on the permanent
16051605 2022 IN 200—LS 6329/DI 139 38
16061606 1 record file.
16071607 2 (c) The bureau shall also certify traffic violation convictions on the
16081608 3 driving record of an unlicensed driver who subsequently receives an
16091609 4 Indiana driver's license or driving card.
16101610 5 (d) A driving record established under this section must include the
16111611 6 following:
16121612 7 (1) The individual's convictions for any of the following:
16131613 8 (A) A moving traffic violation.
16141614 9 (B) Operating a vehicle without financial responsibility in
16151615 10 violation of IC 9-25.
16161616 11 (2) Any administrative penalty imposed by the bureau.
16171617 12 (3) Any suspensions, revocations, or reinstatements of the
16181618 13 individual's driving privileges, license, or permit.
16191619 14 (4) If the driving privileges of the individual have been suspended
16201620 15 or revoked by the bureau, an entry in the record stating that a
16211621 16 notice of suspension or revocation was mailed to the individual by
16221622 17 the bureau and the date of the mailing of the notice.
16231623 18 (5) Any requirement that the individual may operate only a motor
16241624 19 vehicle equipped with a certified ignition interlock device.
16251625 20 A driving record may not contain voter registration information.
16261626 21 SECTION 48. IC 9-25-6-7, AS AMENDED BY P.L.125-2012,
16271627 22 SECTION 263, IS AMENDED TO READ AS FOLLOWS
16281628 23 [EFFECTIVE JULY 1, 2022]: Sec. 7. Except as provided in sections 5
16291629 24 and 6 of this chapter, a suspension required in sections 4 and 6 of this
16301630 25 chapter remains in effect and no other motor vehicle may be registered
16311631 26 in the name of the judgment debtor or a new license or driving card
16321632 27 issued to the judgment debtor, until the following occur:
16331633 28 (1) The judgment is satisfied or stayed.
16341634 29 (2) The judgment debtor gives proof of future financial
16351635 30 responsibility for three (3) years, as provided in this article.
16361636 31 SECTION 49. IC 9-25-6-15, AS AMENDED BY P.L.86-2021,
16371637 32 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16381638 33 JULY 1, 2022]: Sec. 15. (a) Except as provided in subsection (e), an
16391639 34 individual:
16401640 35 (1) whose driving privileges are suspended under this article; and
16411641 36 (2) who seeks the reinstatement of the driving privileges;
16421642 37 must pay a reinstatement fee to the bureau as provided in subsection
16431643 38 (b).
16441644 39 (b) The reinstatement fee under subsection (a) is as follows:
16451645 40 (1) For a first suspension, two hundred fifty dollars ($250).
16461646 41 (2) For a second suspension, five hundred dollars ($500).
16471647 42 (3) For a third or subsequent suspension, one thousand dollars
16481648 2022 IN 200—LS 6329/DI 139 39
16491649 1 ($1,000).
16501650 2 (c) Each fee paid under this section or section 15.1 of this chapter
16511651 3 shall be deposited in the financial responsibility compliance
16521652 4 verification fund established by IC 9-25-9-7 as follows:
16531653 5 (1) Forty-eight percent (48%) of a fee paid after a first suspension.
16541654 6 (2) Thirty-nine percent (39%) of a fee paid after a second
16551655 7 suspension.
16561656 8 (3) Twenty-seven percent (27%) of a fee paid after a third or
16571657 9 subsequent suspension.
16581658 10 The remaining amount of each fee paid under this section or section
16591659 11 15.1 of this chapter must be deposited in the motor vehicle highway
16601660 12 account.
16611661 13 (d) If:
16621662 14 (1) a person's driving privileges are suspended for registering or
16631663 15 operating a vehicle in violation of IC 9-25-4-1;
16641664 16 (2) the person is required to pay a fee for the reinstatement of the
16651665 17 person's license or driving card under this section; and
16661666 18 (3) the person later establishes that the person did not register or
16671667 19 operate a vehicle in violation of IC 9-25-4-1;
16681668 20 the fee paid by the person under this section shall be refunded.
16691669 21 (e) An individual who has had a suspension imposed under this
16701670 22 article terminated by submitting proof of future financial responsibility
16711671 23 under IC 9-25-4-3, IC 9-25-5-1, or section 3(d) of this chapter for the
16721672 24 required time period is not required to pay a reinstatement fee under
16731673 25 this section in order to have his or her driving privileges reinstated.
16741674 26 SECTION 50. IC 9-25-7-3, AS AMENDED BY P.L.111-2021,
16751675 27 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16761676 28 JULY 1, 2022]: Sec. 3. (a) The bureau shall, upon request, cancel a
16771677 29 bond or return a certificate of insurance, direct the treasurer of state to
16781678 30 return to the person entitled any money or securities deposited under
16791679 31 this article as proof of financial responsibility, or waive the requirement
16801680 32 of filing proof of financial responsibility in any of the following
16811681 33 circumstances:
16821682 34 (1) At any time after three (3) years from the date the proof was
16831683 35 required, if during the three (3) year period preceding the request
16841684 36 the person furnishing the proof has not been convicted of an
16851685 37 offense referred to in IC 9-30-4-6.1.
16861686 38 (2) If the person on whose behalf the proof was filed dies or the
16871687 39 person becomes permanently incapable of operating a motor
16881688 40 vehicle.
16891689 41 (3) If the person who has given proof of financial responsibility
16901690 42 surrenders the person's driver's license or driving card,
16911691 2022 IN 200—LS 6329/DI 139 40
16921692 1 registration certificates, and registration plates to the bureau. The
16931693 2 bureau may not release the proof if an action for damages upon a
16941694 3 liability referred to in this article is pending, a judgment upon a
16951695 4 liability is outstanding and unsatisfied, or the bureau has received
16961696 5 notice that the person has, within the period of three (3) months
16971697 6 immediately preceding, been involved as a driver in a motor
16981698 7 vehicle accident. An affidavit of the applicant of the nonexistence
16991699 8 of the facts referred to in this subdivision is sufficient evidence of
17001700 9 the nonexistence of the facts in the absence of evidence to the
17011701 10 contrary in the records of the department.
17021702 11 (b) Whenever a person to whom proof has been surrendered under
17031703 12 subsection (a)(3) applies for a driver's license (issued under IC 9-24-3),
17041704 13 or chauffeur's license, driving card, or the registration of a motor
17051705 14 vehicle within a period of three (3) years from the date the proof of
17061706 15 financial responsibility was originally required, the bureau shall reject
17071707 16 the application unless the applicant reestablishes the proof for the
17081708 17 remainder of the period.
17091709 18 SECTION 51. IC 9-25-7-6, AS AMENDED BY P.L.198-2016,
17101710 19 SECTION 546, IS AMENDED TO READ AS FOLLOWS
17111711 20 [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) This section does not apply
17121712 21 to an Indiana resident or an individual who operates a motor vehicle in
17131713 22 Indiana.
17141714 23 (b) Subject to subsection (c), an individual:
17151715 24 (1) whose driver's license, driving privileges, or registration was
17161716 25 suspended and who is required to prove financial responsibility
17171717 26 extending into the future in order to have the individual's driving
17181718 27 privileges reinstated; and
17191719 28 (2) who no longer operates a motor vehicle in Indiana and has
17201720 29 become a nonresident;
17211721 30 is not required to prove financial responsibility into the future in order
17221722 31 to have the individual's driver's license, driving privileges, or
17231723 32 registration temporarily reinstated to allow licensing or registration in
17241724 33 the other state or foreign jurisdiction.
17251725 34 (c) An individual described in subsection (b) who, during the three
17261726 35 (3) year period following the suspension described in subsection (b)(1):
17271727 36 (1) applies to the bureau for a driver's license or driving card; or
17281728 37 (2) registers a motor vehicle in Indiana;
17291729 38 must maintain proof of future financial responsibility for the unexpired
17301730 39 portion of the three (3) year period as required under this article.
17311731 40 SECTION 52. IC 9-26-1-1.1, AS AMENDED BY P.L.184-2019,
17321732 41 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17331733 42 JULY 1, 2022]: Sec. 1.1. (a) The operator of a motor vehicle involved
17341734 2022 IN 200—LS 6329/DI 139 41
17351735 1 in an accident shall do the following:
17361736 2 (1) Except as provided in section 1.2 of this chapter, the operator
17371737 3 shall immediately stop the operator's motor vehicle:
17381738 4 (A) at the scene of the accident; or
17391739 5 (B) as close to the accident as possible;
17401740 6 in a manner that does not obstruct traffic more than is necessary.
17411741 7 (2) Remain at the scene of the accident until the operator does the
17421742 8 following:
17431743 9 (A) Gives the operator's name and address and the registration
17441744 10 number of the motor vehicle the operator was driving to any
17451745 11 person involved in the accident.
17461746 12 (B) Exhibits the operator's driver's license or driving card to
17471747 13 any person involved in the accident or occupant of or any
17481748 14 person attending to any vehicle involved in the accident.
17491749 15 (3) If the accident results in the injury or death of another person,
17501750 16 the operator shall, in addition to the requirements of subdivisions
17511751 17 (1) and (2):
17521752 18 (A) provide reasonable assistance to each person injured in or
17531753 19 entrapped by the accident, as directed by a law enforcement
17541754 20 officer, medical personnel, or a 911 telephone operator; and
17551755 21 (B) as soon as possible after the accident, immediately give
17561756 22 notice of the accident, or ensure that another person gives
17571757 23 notice of the accident, by the quickest means of
17581758 24 communication to one (1) of the following:
17591759 25 (i) The local police department, if the accident occurs within
17601760 26 a municipality.
17611761 27 (ii) The office of the county sheriff or the nearest state police
17621762 28 post, if the accident occurs outside a municipality.
17631763 29 (iii) A 911 telephone operator.
17641764 30 (4) If the accident involves a collision with an unattended vehicle
17651765 31 or damage to property other than a vehicle, the operator shall, in
17661766 32 addition to the requirements of subdivisions (1) and (2):
17671767 33 (A) take reasonable steps to locate and notify the owner or
17681768 34 person in charge of the damaged vehicle or property of the
17691769 35 damage; and
17701770 36 (B) if after reasonable inquiry the operator cannot find the
17711771 37 owner or person in charge of the damaged vehicle or property,
17721772 38 the operator must contact a law enforcement officer or agency
17731773 39 and provide the information required by this section.
17741774 40 (b) An operator of a motor vehicle who knowingly or intentionally
17751775 41 fails to comply with subsection (a) commits leaving the scene of an
17761776 42 accident, a Class B misdemeanor. However, the offense is:
17771777 2022 IN 200—LS 6329/DI 139 42
17781778 1 (1) a Class A misdemeanor if the accident results in bodily injury
17791779 2 to another person;
17801780 3 (2) a Level 6 felony if:
17811781 4 (A) the accident results in moderate or serious bodily injury to
17821782 5 another person; or
17831783 6 (B) within the five (5) years preceding the commission of the
17841784 7 offense, the operator had a previous conviction of any of the
17851785 8 offenses listed in IC 9-30-10-4(a);
17861786 9 (3) a Level 4 felony if the accident results in the death or
17871787 10 catastrophic injury of another person; and
17881788 11 (4) a Level 3 felony if the operator knowingly or intentionally
17891789 12 fails to stop or comply with subsection (a) during or after the
17901790 13 commission of the offense of operating while intoxicated causing
17911791 14 serious bodily injury (IC 9-30-5-4) or operating while intoxicated
17921792 15 causing death or catastrophic injury (IC 9-30-5-5).
17931793 16 (c) An operator of a motor vehicle who commits an offense under
17941794 17 subsection (b)(1), (b)(2), (b)(3), or (b)(4) commits a separate offense
17951795 18 for each person whose injury or death was a result of the accident.
17961796 19 (d) A court may order terms of imprisonment imposed on a person
17971797 20 convicted of more than one (1) offense described in subsection (b)(1),
17981798 21 (b)(2), (b)(3), or (b)(4) to run consecutively. Consecutive terms of
17991799 22 imprisonment imposed under this subsection are not subject to the
18001800 23 sentencing restrictions set forth in IC 35-50-1-2(c) through
18011801 24 IC 35-50-1-2(d).
18021802 25 SECTION 53. IC 9-26-1-1.5, AS AMENDED BY P.L.188-2015,
18031803 26 SECTION 100, IS AMENDED TO READ AS FOLLOWS
18041804 27 [EFFECTIVE JULY 1, 2022]: Sec. 1.5. (a) If:
18051805 28 (1) the operator of a motor vehicle is physically incapable of
18061806 29 determining the need for or rendering assistance to any injured or
18071807 30 entrapped person as required under section 1.1(a)(3) of this
18081808 31 chapter;
18091809 32 (2) there is another occupant in the motor vehicle at the time of
18101810 33 the accident who is:
18111811 34 (A) at least:
18121812 35 (i) fifteen (15) years of age and holds a learner's permit
18131813 36 issued under IC 9-24-7-1, or a driver's license issued under
18141814 37 IC 9-24-11, or a driving card issued under IC 9-24-3.5, or
18151815 38 a driving card learner's permit issued under
18161816 39 IC 9-24-7-1(b); or
18171817 40 (ii) eighteen (18) years of age; and
18181818 41 (B) capable of determining the need for and rendering
18191819 42 reasonable assistance to injured or entrapped persons as
18201820 2022 IN 200—LS 6329/DI 139 43
18211821 1 provided in section 1.1(a)(3) of this chapter; and
18221822 2 (3) the other occupant in the motor vehicle knows that the
18231823 3 operator of the motor vehicle is physically incapable of
18241824 4 determining the need for or rendering assistance to any injured or
18251825 5 entrapped person;
18261826 6 the motor vehicle occupant referred to in subdivisions (2) and (3) shall
18271827 7 immediately determine the need for and render reasonable assistance
18281828 8 to each person injured or entrapped in the accident as provided in
18291829 9 section 1.1(a)(3) of this chapter.
18301830 10 (b) If there is more than one (1) motor vehicle occupant to whom
18311831 11 subsection (a) applies, it is a defense to a prosecution of one (1) motor
18321832 12 vehicle occupant under subsection (a) that the defendant reasonably
18331833 13 believed that another occupant of the motor vehicle determined the
18341834 14 need for and rendered reasonable assistance as required under
18351835 15 subsection (a).
18361836 16 (c) A person who knowingly or intentionally violates this section
18371837 17 commits a Class C misdemeanor.
18381838 18 SECTION 54. IC 9-27-6-3, AS AMENDED BY P.L.92-2020,
18391839 19 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18401840 20 JULY 1, 2022]: Sec. 3. (a) As used in this chapter, "driver training
18411841 21 school" means:
18421842 22 (1) a business enterprise that:
18431843 23 (A) is conducted by an individual, an association, a
18441844 24 partnership, a limited liability company, or a corporation for
18451845 25 the education and training of persons, practically or
18461846 26 theoretically, or both, to operate or drive motor vehicles or to
18471847 27 prepare an applicant for an examination or validation under
18481848 28 IC 9-24 for a driver's license or a driving card; and
18491849 29 (B) charges consideration or tuition for the provision of
18501850 30 services; or
18511851 31 (2) a driver education program operated under the authority of:
18521852 32 (A) a school corporation (as defined in IC 36-1-2-17);
18531853 33 (B) a state accredited nonpublic secondary school that
18541854 34 voluntarily becomes accredited under IC 20-31-4.1;
18551855 35 (C) a postsecondary proprietary educational institution (as
18561856 36 defined in IC 22-4.1-21-9);
18571857 37 (D) a postsecondary credit bearing proprietary educational
18581858 38 institution (as defined in IC 21-18.5-2-12);
18591859 39 (E) a state educational institution (as defined in
18601860 40 IC 21-7-13-32); or
18611861 41 (F) a nonaccredited nonpublic school.
18621862 42 (b) The term does not include a business enterprise that educates or
18631863 2022 IN 200—LS 6329/DI 139 44
18641864 1 trains a person or prepares a person for an examination or a validation
18651865 2 given by the bureau to operate or drive a motor vehicle as a vocation.
18661866 3 SECTION 55. IC 9-27-6-4, AS AMENDED BY P.L.85-2013,
18671867 4 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18681868 5 JULY 1, 2022]: Sec. 4. As used in this chapter, "instructor" means the
18691869 6 following:
18701870 7 (1) An individual, whether acting as the operator of a driver
18711871 8 training school or on behalf of a driver training school, who for
18721872 9 compensation teaches, conducts classes for, gives demonstrations
18731873 10 to, or supervises the practice of individuals learning to operate or
18741874 11 drive motor vehicles or preparing to take an examination for a
18751875 12 driver's license or a driving card.
18761876 13 (2) An individual who supervises the work of an instructor.
18771877 14 (3) An individual licensed under IC 20-28-5-1.
18781878 15 (4) An individual under the authority of a postsecondary
18791879 16 proprietary educational institution (as defined in IC 22-4.1-21-9)
18801880 17 or a postsecondary credit bearing proprietary educational
18811881 18 institution (as defined in IC 21-18.5-2-12) who is teaching,
18821882 19 conducting classes for, giving demonstrations to, or supervising
18831883 20 the practice of individuals learning to operate or drive motor
18841884 21 vehicles or preparing to take an examination for a driver's license
18851885 22 or a driving card.
18861886 23 (5) An individual under the authority of a state educational
18871887 24 institution (as defined in IC 21-7-13-32) who is teaching,
18881888 25 conducting classes for, giving demonstrations to, or supervising
18891889 26 the practice of individuals learning to operate or drive motor
18901890 27 vehicles or preparing to take an examination for a driver's license
18911891 28 or a driving card.
18921892 29 SECTION 56. IC 9-27-6-5, AS AMENDED BY P.L.85-2013,
18931893 30 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18941894 31 JULY 1, 2022]: Sec. 5. (a) As used in this section, "advisory board"
18951895 32 refers to the driver education advisory board established by subsection
18961896 33 (b).
18971897 34 (b) The driver education advisory board is established to advise the
18981898 35 commissioner in the administration of the policies of the commission
18991899 36 and the bureau regarding driver education.
19001900 37 (c) The advisory board is composed of seven (7) individuals
19011901 38 appointed by the commissioner as follows:
19021902 39 (1) Three (3) members must be driver education professionals
19031903 40 endorsed by the bureau under section 8 of this chapter. In the
19041904 41 selection of individuals for membership under this subdivision,
19051905 42 consideration must be given to driver education instruction
19061906 2022 IN 200—LS 6329/DI 139 45
19071907 1 performed in urban and rural areas.
19081908 2 (2) One (1) member must be a traffic safety advocate.
19091909 3 (3) One (1) member must be a representative of the bureau.
19101910 4 (4) One (1) member must be a representative of higher education.
19111911 5 (5) One (1) member must be a representative of the insurance
19121912 6 industry.
19131913 7 (d) A member of the advisory board serves a two (2) year term. A
19141914 8 member may not be appointed to more than two (2) consecutive full
19151915 9 terms. Each member serves until the member's successor is appointed
19161916 10 and qualified.
19171917 11 (e) A member of the advisory board may be removed for good
19181918 12 cause.
19191919 13 (f) A vacancy on the advisory board shall be filled by the
19201920 14 appointment by the commissioner of an individual to fill the position
19211921 15 to which the vacating member was appointed under subsection (c) for
19221922 16 the vacating member's unexpired term.
19231923 17 (g) The advisory board shall:
19241924 18 (1) consult with and advise the commissioner in the
19251925 19 administration of the policies of the commission and the bureau
19261926 20 regarding driver education; and
19271927 21 (2) suggest rules regarding the education and training of persons
19281928 22 to operate or drive motor vehicles or to prepare a person for an
19291929 23 examination or validation for a driver's license or a driving card.
19301930 24 (h) A member of the advisory board is not subject to liability in a
19311931 25 civil action for bodily injury or property damage arising from or
19321932 26 thought to have arisen from an action taken in good faith as a member
19331933 27 of the advisory board.
19341934 28 SECTION 57. IC 9-30-2-4 IS AMENDED TO READ AS
19351935 29 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) This section does
19361936 30 not apply to a person arrested for a misdemeanor under IC 9-30-5
19371937 31 (operating a vehicle while intoxicated).
19381938 32 (b) If a person is arrested for a misdemeanor under this title, the
19391939 33 arrested person shall be immediately taken before a court within the
19401940 34 county in which the offense charged is alleged to have been committed
19411941 35 and that has jurisdiction of the offense and is nearest or most accessible
19421942 36 to the place where the arrest is made in any of the following cases:
19431943 37 (1) When the person demands an immediate appearance before a
19441944 38 court.
19451945 39 (2) When the person is charged with an offense causing or
19461946 40 contributing to an accident resulting in injury to or death of a
19471947 41 person.
19481948 42 (3) When the person is charged with failure to stop for an accident
19491949 2022 IN 200—LS 6329/DI 139 46
19501950 1 causing death, personal injuries, or damage to property.
19511951 2 (4) When the person refuses to give the person's written promise
19521952 3 to appear in court.
19531953 4 (5) When the person is charged with driving while the person's
19541954 5 license or driving card is suspended or revoked.
19551955 6 SECTION 58. IC 9-30-3-15, AS AMENDED BY P.L.198-2016,
19561956 7 SECTION 595, IS AMENDED TO READ AS FOLLOWS
19571957 8 [EFFECTIVE JULY 1, 2022]: Sec. 15. In a proceeding, prosecution, or
19581958 9 hearing where the prosecuting attorney must prove that the defendant
19591959 10 had a prior conviction for an offense under this title, the relevant
19601960 11 portions of a certified computer printout or electronic copy made from
19611961 12 the records of the bureau are admissible as prima facie evidence of the
19621962 13 prior conviction. However, the prosecuting attorney must establish that
19631963 14 the document identifies the defendant by the defendant's driver's
19641964 15 license or driving card number or by any other identification method
19651965 16 utilized by the bureau.
19661966 17 SECTION 59. IC 9-30-4-6.1, AS ADDED BY P.L.198-2016,
19671967 18 SECTION 598, IS AMENDED TO READ AS FOLLOWS
19681968 19 [EFFECTIVE JULY 1, 2022]: Sec. 6.1. (a) The bureau shall suspend
19691969 20 or revoke the current driver's license, driving card, or driving
19701970 21 privileges and all certificates of registration and proof of registration
19711971 22 issued to or registered in the name of an individual who is convicted of
19721972 23 any of the following:
19731973 24 (1) Manslaughter or reckless homicide resulting from the
19741974 25 operation of a motor vehicle.
19751975 26 (2) Knowingly making a false application, or committing perjury
19761976 27 with respect to an application made, under:
19771977 28 (A) this chapter; or
19781978 29 (B) any other law requiring the registration of motor vehicles
19791979 30 or regulating motor vehicle operation on highways.
19801980 31 (3) Three (3) charges of criminal recklessness involving the use
19811981 32 of a motor vehicle within the preceding twelve (12) months.
19821982 33 (4) Failure to stop and give information or assistance or failure to
19831983 34 stop and disclose the individual's identity at the scene of an
19841984 35 accident that has resulted in death, personal injury, or property
19851985 36 damage in excess of two hundred dollars ($200).
19861986 37 However, and unless otherwise required by law, the bureau may not
19871987 38 suspend a certificate of registration or proof of registration if the
19881988 39 individual gives and maintains, during the three (3) years following the
19891989 40 date of suspension or revocation, proof of financial responsibility in the
19901990 41 future in the manner specified in this section.
19911991 42 (b) The bureau shall suspend a driver's license, driving card, or
19921992 2022 IN 200—LS 6329/DI 139 47
19931993 1 driving privileges of an individual upon conviction in another
19941994 2 jurisdiction for the following:
19951995 3 (1) Manslaughter or reckless homicide resulting from the
19961996 4 operation of a motor vehicle.
19971997 5 (2) Knowingly making a false application, or committing perjury
19981998 6 with respect to an application made, under:
19991999 7 (A) this chapter; or
20002000 8 (B) any other law requiring the registration of motor vehicles
20012001 9 or regulating motor vehicle operation on highways.
20022002 10 (3) Three (3) charges of criminal recklessness involving the use
20032003 11 of a motor vehicle within the preceding twelve (12) months.
20042004 12 (4) Failure to stop and give information or assistance or failure to
20052005 13 stop and disclose the individual's identity at the scene of an
20062006 14 accident that has resulted in death, personal injury, or property
20072007 15 damage in excess of two hundred dollars ($200).
20082008 16 However, if property damage under subdivision (4) is equal to or less
20092009 17 than two hundred dollars ($200), the bureau may determine whether
20102010 18 the driver's license, driving card, or driving privileges and certificates
20112011 19 of registration and proof of registration shall be suspended or revoked.
20122012 20 (c) An individual whose driving privileges are suspended under this
20132013 21 chapter is eligible for specialized driving privileges under IC 9-30-16.
20142014 22 (d) A suspension or revocation remains in effect and a new or
20152015 23 renewal license or driving card may not be issued to the individual
20162016 24 and a motor vehicle may not be registered in the name of the individual
20172017 25 as follows:
20182018 26 (1) Except as provided in subdivision (2), for six (6) months after
20192019 27 the date of conviction or on the date on which the individual is
20202020 28 otherwise eligible for a license or driving card, whichever is
20212021 29 later.
20222022 30 (2) Upon conviction of an offense described in subsection (a)(1),
20232023 31 (a)(4), (b)(1), or (b)(4), when the accident has resulted in death,
20242024 32 for a fixed period of at least two (2) years and not more than five
20252025 33 (5) years, to be fixed by the bureau based upon recommendation
20262026 34 of the court entering a conviction. A new or reinstated driver's
20272027 35 license, driving card, or driving privileges may not be issued to
20282028 36 the individual unless that individual, within the three (3) years
20292029 37 following the expiration of the suspension or revocation, gives
20302030 38 and maintains in force at all times during the effective period of
20312031 39 a new or reinstated license or driving card proof of financial
20322032 40 responsibility in the future in the manner specified in this chapter.
20332033 41 However, the liability of the insurance carrier under a motor
20342034 42 vehicle liability policy that is furnished for proof of financial
20352035 2022 IN 200—LS 6329/DI 139 48
20362036 1 responsibility in the future as set out in this chapter becomes
20372037 2 absolute whenever loss or damage covered by the policy occurs,
20382038 3 and the satisfaction by the insured of a final judgment for loss or
20392039 4 damage is not a condition precedent to the right or obligation of
20402040 5 the carrier to make payment on account of loss or damage, but the
20412041 6 insurance carrier has the right to settle a claim covered by the
20422042 7 policy. If the settlement is made in good faith, the amount must be
20432043 8 deducted from the limits of liability specified in the policy. A
20442044 9 policy may not be canceled or annulled with respect to a loss or
20452045 10 damage by an agreement between the carrier and the insured after
20462046 11 the insured has become responsible for the loss or damage, and a
20472047 12 cancellation or annulment is void. The policy may provide that
20482048 13 the insured or any other person covered by the policy shall
20492049 14 reimburse the insurance carrier for payment made on account of
20502050 15 any loss or damage claim or suit involving a breach of the terms,
20512051 16 provisions, or conditions of the policy. If the policy provides for
20522052 17 limits that exceed the limits specified in this chapter, the
20532053 18 insurance carrier may plead against any plaintiff, with respect to
20542054 19 the amount of the excess limits of liability, any defenses that the
20552055 20 carrier may be entitled to plead against the insured. The policy
20562056 21 may further provide for prorating of the insurance with other
20572057 22 applicable valid and collectible insurance. An action does not lie
20582058 23 against the insurance carrier by or on behalf of any claimant under
20592059 24 the policy until a final judgment has been obtained after actual
20602060 25 trial by or on behalf of any claimant under the policy.
20612061 26 (e) The bureau may take action as required in this section upon
20622062 27 receiving satisfactory evidence of a conviction of an individual in
20632063 28 another state.
20642064 29 (f) A suspension or revocation under this section or IC 9-30-13-0.5
20652065 30 stands pending appeal of the conviction to a higher court and may be
20662066 31 set aside or modified only upon the receipt by the bureau of the
20672067 32 certificate of the court reversing or modifying the judgment that the
20682068 33 cause has been reversed or modified. However, if the suspension or
20692069 34 revocation follows a conviction in a court of no record in Indiana, the
20702070 35 suspension or revocation is stayed pending appeal of the conviction to
20712071 36 a court of record.
20722072 37 (g) A person aggrieved by an order or act of the bureau under this
20732073 38 section or IC 9-30-13-0.5 may file a petition for a court review.
20742074 39 (h) An entry in the driving record of a defendant stating that notice
20752075 40 of suspension or revocation was mailed by the bureau to the defendant
20762076 41 constitutes prima facie evidence that the notice was mailed to the
20772077 42 defendant's address as shown in the records of the bureau.
20782078 2022 IN 200—LS 6329/DI 139 49
20792079 1 SECTION 60. IC 9-30-5-18, AS ADDED BY P.L.125-2012,
20802080 2 SECTION 342, IS AMENDED TO READ AS FOLLOWS
20812081 3 [EFFECTIVE JULY 1, 2022]: Sec. 18. (a) If:
20822082 4 (1) a criminal proceeding for driving while intoxicated under
20832083 5 IC 9-30-5 is deferred under IC 12-23-5-1 through IC 12-23-5-9;
20842084 6 or
20852085 7 (2) a child alleged to be a delinquent child based upon the child's
20862086 8 violation of IC 9-30-5 voluntarily attends or is ordered by the
20872087 9 court under IC 31-37 to attend an alcohol and drug services
20882088 10 program;
20892089 11 the court, within ten (10) days after the defendant or child begins the
20902090 12 program, shall forward to the bureau a certified abstract of program
20912091 13 enrollment.
20922092 14 (b) The abstract must state the following:
20932093 15 (1) The defendant's or child's name, address, date of birth, and
20942094 16 driver's license or driving card number.
20952095 17 (2) The name and location of the alcohol and drug services
20962096 18 program that the defendant or child is attending.
20972097 19 SECTION 61. IC 9-30-6-4.3, AS AMENDED BY P.L.13-2013,
20982098 20 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20992099 21 JULY 1, 2022]: Sec. 4.3. (a) This section applies only to a person
21002100 22 whose motor vehicle has been seized under IC 34-24-1-1(a)(15).
21012101 23 (b) If the bureau receives an order from a court recommending that
21022102 24 the bureau not register a motor vehicle in the name of a person whose
21032103 25 motor vehicle has been seized under IC 34-24-1-1(a)(15), the bureau
21042104 26 may not register a motor vehicle in the name of the person whose motor
21052105 27 vehicle has been seized until the person proves that the person
21062106 28 possesses a driver's license or driving card with valid driving
21072107 29 privileges.
21082108 30 SECTION 62. IC 9-30-8-1, AS AMENDED BY P.L.188-2015,
21092109 31 SECTION 112, IS AMENDED TO READ AS FOLLOWS
21102110 32 [EFFECTIVE JULY 1, 2022]: Sec. 1. If a court orders the installation
21112111 33 of a certified ignition interlock device on a motor vehicle that a person
21122112 34 whose license or driving card is restricted owns or expects to operate,
21132113 35 the court shall set the time that the installation must remain in effect.
21142114 36 However, the term may not exceed the maximum term of imprisonment
21152115 37 the court could have imposed. The person shall pay the cost of
21162116 38 installation unless the sentencing court determines that the person is
21172117 39 indigent.
21182118 40 SECTION 63. IC 9-30-8-5 IS AMENDED TO READ AS
21192119 41 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a court orders a
21202120 42 person under IC 9-30-5-16 to operate only a vehicle that is equipped
21212121 2022 IN 200—LS 6329/DI 139 50
21222122 1 with an ignition interlock device, the bureau shall include that
21232123 2 condition when issuing a license or driving card.
21242124 3 SECTION 64. IC 9-30-9-5 IS AMENDED TO READ AS
21252125 4 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If the court enters
21262126 5 an order conditionally deferring charges under section 3 of this chapter,
21272127 6 the court may do the following:
21282128 7 (1) Suspend the person's driving privileges for at least two (2)
21292129 8 years but not more than four (4) years.
21302130 9 (2) Impose other appropriate conditions, including the payment of
21312131 10 fees imposed under section 8 of this chapter.
21322132 11 (b) Notwithstanding IC 9-30-6-9, the defendant may be granted
21332133 12 probationary driving privileges only after the defendant's license or
21342134 13 driving card has been suspended for at least one (1) year.
21352135 14 (c) The court may, as an alternative to a license or driving card
21362136 15 suspension under subsection (a)(1), issue an order prohibiting the
21372137 16 defendant from operating a motor vehicle unless the motor vehicle is
21382138 17 equipped with a functioning certified ignition interlock device under
21392139 18 IC 9-30-8. An order requiring an ignition interlock device must remain
21402140 19 in effect for at least two (2) years but not more than four (4) years.
21412141 20 SECTION 65. IC 9-30-9-7 IS AMENDED TO READ AS
21422142 21 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) If the court refers
21432143 22 a defendant to the program under section 6 of this chapter, the court
21442144 23 may do the following:
21452145 24 (1) Suspend the defendant's driving privileges for at least ninety
21462146 25 (90) days but not more than four (4) years.
21472147 26 (2) Impose other appropriate conditions.
21482148 27 (b) The defendant may be granted probationary driving privileges
21492149 28 only after the defendant's license or driving card has been suspended
21502150 29 for at least thirty (30) days under IC 9-30-6-9.
21512151 30 (c) The court may, as an alternative to a license or driving card
21522152 31 suspension under subsection (a)(1), issue an order prohibiting the
21532153 32 defendant from operating a motor vehicle unless the motor vehicle is
21542154 33 equipped with a functioning certified ignition interlock device under
21552155 34 IC 9-30-8. An order requiring an ignition interlock device must remain
21562156 35 in effect for at least two (2) years but not more than four (4) years.
21572157 36 SECTION 66. IC 9-30-13-0.5, AS AMENDED BY P.L.198-2016,
21582158 37 SECTION 604, IS AMENDED TO READ AS FOLLOWS
21592159 38 [EFFECTIVE JULY 1, 2022]: Sec. 0.5. (a) A court shall forward to the
21602160 39 bureau a certified abstract of the record of the conviction of a person
21612161 40 in the court for a violation of a law relating to motor vehicles.
21622162 41 (b) If in the opinion of the court a defendant should be deprived of
21632163 42 the privilege to operate a motor vehicle upon a public highway, the
21642164 2022 IN 200—LS 6329/DI 139 51
21652165 1 court may recommend the suspension of the convicted person's driving
21662166 2 privileges for a period that does not exceed the maximum period of
21672167 3 incarceration for the offense of which the person was convicted.
21682168 4 (c) The bureau shall comply with the court's recommendation.
21692169 5 (d) At the time of a conviction referred to in subsection (a) or under
21702170 6 IC 9-30-5-7, the court may obtain and destroy the defendant's current
21712171 7 driver's license or driving card.
21722172 8 (e) An abstract required by this section must be in the form
21732173 9 prescribed by the bureau and, when certified, shall be accepted by an
21742174 10 administrative agency or a court as prima facie evidence of the
21752175 11 conviction and all other action stated in the abstract.
21762176 12 SECTION 67. IC 9-30-13-8, AS AMENDED BY P.L.217-2014,
21772177 13 SECTION 152, IS AMENDED TO READ AS FOLLOWS
21782178 14 [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) Upon receiving an order
21792179 15 issued by a court under IC 35-43-4-8(b) concerning a person convicted
21802180 16 of fuel theft, the bureau shall do the following:
21812181 17 (1) Suspend under subsection (b) the driving privileges of the
21822182 18 person who is the subject of the order, whether or not the person's
21832183 19 current driver's license or driving card accompanies the order.
21842184 20 (2) Mail to the last known address of the person who is the subject
21852185 21 of the order a notice:
21862186 22 (A) stating that the person's driving privileges are being
21872187 23 suspended for fuel theft;
21882188 24 (B) setting forth the date on which the suspension takes effect
21892189 25 and the date on which the suspension terminates; and
21902190 26 (C) stating that the person may be granted specialized driving
21912191 27 privileges under IC 9-30-16 if the person meets the conditions
21922192 28 for obtaining specialized driving privileges.
21932193 29 (b) The suspension of the driving privileges of a person who is the
21942194 30 subject of an order issued under IC 35-43-4-8(b):
21952195 31 (1) begins five (5) business days after the date on which the
21962196 32 bureau mails the notice to the person under subsection (a)(2); and
21972197 33 (2) terminates thirty (30) days after the suspension begins.
21982198 34 (c) A person who operates a motor vehicle during a suspension of
21992199 35 the person's driving privileges under this section commits a Class A
22002200 36 infraction unless the person's operation of the motor vehicle is
22012201 37 authorized by specialized driving privileges granted to the person under
22022202 38 IC 9-30-16.
22032203 39 (d) The bureau shall, upon receiving a record of conviction of a
22042204 40 person upon a charge of driving a motor vehicle while the driving
22052205 41 privileges, permit, or license of the person is suspended, fix the period
22062206 42 of suspension in accordance with the order of the court.
22072207 2022 IN 200—LS 6329/DI 139 52
22082208 1 SECTION 68. IC 9-30-13-9, AS ADDED BY P.L.41-2016,
22092209 2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22102210 3 JULY 1, 2022]: Sec. 9. (a) Upon receiving an order issued by a court
22112211 4 under IC 9-21-5-11(f) concerning a person who has committed the
22122212 5 infraction of violating a worksite speed limit for the second time within
22132213 6 one (1) year, the bureau shall do the following:
22142214 7 (1) Suspend under subsection (b) the driving privileges of the
22152215 8 person who is the subject of the order, whether or not the person's
22162216 9 current driver's license or driving card accompanies the order.
22172217 10 (2) Mail to the last known address of the person who is the subject
22182218 11 of the order a notice:
22192219 12 (A) stating that the person's driving privileges are being
22202220 13 suspended for a second or subsequent offense of exceeding a
22212221 14 worksite speed limit within one (1) year;
22222222 15 (B) setting forth the date on which the suspension takes effect
22232223 16 and the date on which the suspension terminates; and
22242224 17 (C) stating that the person may be granted specialized driving
22252225 18 privileges under IC 9-30-16 if the person meets the conditions
22262226 19 for obtaining specialized driving privileges.
22272227 20 (b) The suspension of the driving privileges of a person who is the
22282228 21 subject of an order issued under IC 9-21-5-11(f):
22292229 22 (1) begins five (5) business days after the date on which the
22302230 23 bureau mails the notice to the person under subsection (a)(2); and
22312231 24 (2) terminates sixty (60) days after the suspension begins.
22322232 25 (c) A person who operates a motor vehicle during a suspension of
22332233 26 the person's driving privileges under this section commits a Class A
22342234 27 infraction unless the person's operation of the motor vehicle is
22352235 28 authorized by specialized driving privileges granted to the person under
22362236 29 IC 9-30-16.
22372237 30 (d) The bureau shall, upon receiving a record of conviction of a
22382238 31 person upon a charge of driving a motor vehicle while the driving
22392239 32 privileges, permit, or license of the person is suspended, fix the period
22402240 33 of suspension in accordance with the order of the court.
22412241 34 SECTION 69. IC 9-30-16-1, AS AMENDED BY P.L.111-2021,
22422242 35 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22432243 36 JULY 1, 2022]: Sec. 1. (a) Except as provided in subsection (b), the
22442244 37 following are ineligible for specialized driving privileges under this
22452245 38 chapter:
22462246 39 (1) A person who has never been an Indiana resident.
22472247 40 (2) A person seeking specialized driving privileges with respect
22482248 41 to a suspension based on the person's refusal to submit to a
22492249 42 chemical test offered under IC 9-30-6 or IC 9-30-7. However, a
22502250 2022 IN 200—LS 6329/DI 139 53
22512251 1 court may grant this person driving privileges under
22522252 2 IC 9-30-6-8(d).
22532253 3 (3) A person whose driving privileges have been suspended or
22542254 4 revoked under IC 9-24-10-7(b)(2)(A).
22552255 5 (4) A person whose driving privileges have been suspended under
22562256 6 IC 9-21-8-52(e) or IC 9-21-12-1(b).
22572257 7 (b) This chapter applies to the following:
22582258 8 (1) A person who held a driver's license (issued under IC 9-24-3),
22592259 9 or a commercial driver's license, a public passenger chauffeur's
22602260 10 license, or a chauffeur's license, or a driving card at the time of:
22612261 11 (A) the criminal conviction for which the operation of a motor
22622262 12 vehicle is an element of the offense;
22632263 13 (B) any criminal conviction for an offense under IC 9-30-5,
22642264 14 IC 35-46-9, or IC 14-15-8 (before its repeal); or
22652265 15 (C) committing the infraction of exceeding a worksite speed
22662266 16 limit for the second time in one (1) year under IC 9-21-5-11(f).
22672267 17 (2) A person: who:
22682268 18 (A) who:
22692269 19 (i) has never held a valid Indiana driver's license or driving
22702270 20 card; or
22712271 21 (ii) does not currently hold a valid Indiana learner's permit
22722272 22 or driving card learner's permit; and
22732273 23 (B) who was an Indiana resident when the driving privileges
22742274 24 for which the person is seeking specialized driving privileges
22752275 25 were suspended.
22762276 26 (c) Except as specifically provided in this chapter, a court may
22772277 27 suspend the driving privileges of a person convicted of any of the
22782278 28 following offenses for a period up to the maximum allowable period of
22792279 29 incarceration under the penalty for the offense:
22802280 30 (1) Any criminal conviction in which the operation of a motor
22812281 31 vehicle is an element of the offense.
22822282 32 (2) Any criminal conviction for an offense under IC 9-30-5,
22832283 33 IC 35-46-9, or IC 14-15-8 (before its repeal).
22842284 34 (3) Any offense under IC 35-42-1, IC 35-42-2, or IC 35-44.1-3-1
22852285 35 that involves the use of a vehicle.
22862286 36 (d) Except as provided in section 3.5 of this chapter, a suspension
22872287 37 of driving privileges under this chapter may begin before the
22882288 38 conviction. Multiple suspensions of driving privileges ordered by a
22892289 39 court that are part of the same episode of criminal conduct shall be
22902290 40 served concurrently. A court may grant credit time for any suspension
22912291 41 that began before the conviction, except as prohibited by section
22922292 42 6(a)(2) of this chapter.
22932293 2022 IN 200—LS 6329/DI 139 54
22942294 1 (e) If a person has had an ignition interlock device installed as a
22952295 2 condition of specialized driving privileges or under IC 9-30-6-8(d), the
22962296 3 period of the installation shall be credited as part of the suspension of
22972297 4 driving privileges.
22982298 5 (f) This subsection applies to a person described in subsection
22992299 6 (b)(2). A court shall, as a condition of granting specialized driving
23002300 7 privileges to the person, require the person to apply for and obtain an
23012301 8 Indiana driver's license or driving card.
23022302 9 (g) If a person indicates to the court at an initial hearing (as
23032303 10 described in IC 35-33-7) that the person intends to file a petition for a
23042304 11 specialized driving privileges hearing with that court under section 3
23052305 12 or 4 of this chapter, the following apply:
23062306 13 (1) The court shall:
23072307 14 (A) stay the suspension of the person's driving privileges at the
23082308 15 initial hearing and shall not submit the probable cause
23092309 16 affidavit related to the person's offense to the bureau; and
23102310 17 (B) set the matter for a specialized driving privileges hearing
23112311 18 not later than thirty (30) days after the initial hearing.
23122312 19 (2) If the person does not file a petition for a specialized driving
23132313 20 privileges hearing not later than ten (10) days after the date of the
23142314 21 initial hearing, the court shall lift the stay of the suspension of the
23152315 22 person's driving privileges and shall submit the probable cause
23162316 23 affidavit related to the person's offense to the bureau for
23172317 24 automatic suspension.
23182318 25 (3) If the person files a petition for a specialized driving privileges
23192319 26 hearing not later than ten (10) days after the initial hearing, the
23202320 27 stay of the suspension of the person's driving privileges continues
23212321 28 until the matter is heard and a determination is made by the court
23222322 29 at the specialized driving privileges hearing.
23232323 30 (4) If the specialized driving privileges hearing is continued due
23242324 31 to:
23252325 32 (A) a congestion of the court calendar;
23262326 33 (B) the prosecuting attorney's motion for a continuance; or
23272327 34 (C) the person's motion for a continuance with no objection by
23282328 35 the prosecuting attorney;
23292329 36 the stay of the suspension of the person's driving privileges
23302330 37 continues until addressed at the next hearing.
23312331 38 (5) If the person moves for a continuance of the specialized
23322332 39 driving privileges hearing and the court grants the continuance
23332333 40 over the prosecuting attorney's objection, the court shall lift the
23342334 41 stay of the suspension of the person's driving privileges and shall
23352335 42 submit the probable cause affidavit related to the person's offense
23362336 2022 IN 200—LS 6329/DI 139 55
23372337 1 to the bureau for automatic suspension.
23382338 2 SECTION 70. IC 9-30-16-3, AS AMENDED BY P.L.29-2020,
23392339 3 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23402340 4 JULY 1, 2022]: Sec. 3. (a) This section does not apply to specialized
23412341 5 driving privileges granted in accordance with section 3.5 of this
23422342 6 chapter. If a court orders a suspension of driving privileges under this
23432343 7 chapter, or imposes a suspension of driving privileges under
23442344 8 IC 9-30-6-9(c), the court may stay the suspension and grant a
23452345 9 specialized driving privilege as set forth in this section.
23462346 10 (b) An individual who seeks specialized driving privileges must file
23472347 11 a petition for specialized driving privileges in each court that has
23482348 12 ordered or imposed a suspension of the individual's driving privileges.
23492349 13 Each petition must:
23502350 14 (1) be verified by the petitioner;
23512351 15 (2) state the petitioner's age, date of birth, and address;
23522352 16 (3) state the grounds for relief and the relief sought;
23532353 17 (4) be filed in the court case that resulted in the order of
23542354 18 suspension; and
23552355 19 (5) be served on the bureau and the prosecuting attorney.
23562356 20 A prosecuting attorney shall appear on behalf of the bureau to respond
23572357 21 to a petition filed under this subsection.
23582358 22 (c) Except as provided in subsection (h), regardless of the
23592359 23 underlying offense, specialized driving privileges granted under this
23602360 24 section shall be granted for a period of time as determined by the court.
23612361 25 A court, at its discretion, may set periodic review hearings to review an
23622362 26 individual's specialized driving privileges.
23632363 27 (d) The terms of specialized driving privileges must be determined
23642364 28 by a court.
23652365 29 (e) A stay of a suspension and specialized driving privileges may
23662366 30 not be granted to an individual who:
23672367 31 (1) has previously been granted specialized driving privileges;
23682368 32 and
23692369 33 (2) has more than one (1) conviction under section 5 of this
23702370 34 chapter.
23712371 35 (f) An individual who has been granted specialized driving
23722372 36 privileges shall:
23732373 37 (1) maintain proof of future financial responsibility insurance
23742374 38 during the period of specialized driving privileges;
23752375 39 (2) carry a copy of the order granting specialized driving
23762376 40 privileges or have the order in the vehicle being operated by the
23772377 41 individual;
23782378 42 (3) produce the copy of the order granting specialized driving
23792379 2022 IN 200—LS 6329/DI 139 56
23802380 1 privileges upon the request of a police officer; and
23812381 2 (4) carry a validly issued state identification card, or driver's
23822382 3 license, or driving card.
23832383 4 (g) An individual who holds a commercial driver's license and has
23842384 5 been granted specialized driving privileges under this chapter may not,
23852385 6 for the duration of the suspension for which the specialized driving
23862386 7 privileges are sought, operate any vehicle that requires the individual
23872387 8 to hold a commercial driver's license to operate the vehicle.
23882388 9 (h) Whenever a suspension of an individual's driving privileges
23892389 10 under this chapter is terminated because:
23902390 11 (1) the underlying conviction, judgment, or finding that forms the
23912391 12 basis of the suspension is reversed, vacated, or dismissed; or
23922392 13 (2) the individual is acquitted of, found not liable for, or otherwise
23932393 14 found not to have committed the underlying act or offense that
23942394 15 forms the basis of the suspension;
23952395 16 the individual's specialized driving privileges expire at the time the
23962396 17 suspension of the individual's driving privileges is terminated.
23972397 18 (i) The court shall inform the bureau of a termination of a
23982398 19 suspension and expiration of specialized driving privileges as described
23992399 20 under subsection (h) in a format designated by the bureau.
24002400 21 SECTION 71. IC 9-30-16-3.5, AS AMENDED BY P.L.29-2020,
24012401 22 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24022402 23 JULY 1, 2022]: Sec. 3.5. (a) If a court imposes a suspension of driving
24032403 24 privileges under IC 9-21-5-11(f), the court may stay the suspension and
24042404 25 grant a specialized driving privilege as set forth in this section.
24052405 26 (b) Except as provided in subsection (g), specialized driving
24062406 27 privileges granted under this section shall be granted for a period of
24072407 28 time as determined by the court. A court, at its discretion, may set
24082408 29 periodic review hearings to review an individual's specialized driving
24092409 30 privileges.
24102410 31 (c) Specialized driving privileges granted under this section:
24112411 32 (1) must be determined by a court; and
24122412 33 (2) are limited to restricting the individual to being allowed to
24132413 34 operate a motor vehicle between the place of employment of the
24142414 35 individual and the individual's residence.
24152415 36 (d) An individual who has been granted specialized driving
24162416 37 privileges under this section shall:
24172417 38 (1) maintain proof of future financial responsibility insurance
24182418 39 during the period of specialized driving privileges;
24192419 40 (2) carry a copy of the order granting specialized driving
24202420 41 privileges or have the order in the vehicle being operated by the
24212421 42 individual;
24222422 2022 IN 200—LS 6329/DI 139 57
24232423 1 (3) produce the copy of the order granting specialized driving
24242424 2 privileges upon the request of a police officer; and
24252425 3 (4) carry a validly issued driver's license or driving card.
24262426 4 (e) An individual who holds a commercial driver's license and has
24272427 5 been granted specialized driving privileges under this chapter may not,
24282428 6 for the duration of the suspension for which the specialized driving
24292429 7 privileges are sought, operate a motor vehicle that requires the
24302430 8 individual to hold a commercial driver's license to operate the motor
24312431 9 vehicle.
24322432 10 (f) An individual who seeks specialized driving privileges must file
24332433 11 a petition for specialized driving privileges in each court that has
24342434 12 ordered or imposed a suspension of the individual's driving privileges.
24352435 13 Each petition must:
24362436 14 (1) be verified by the petitioner;
24372437 15 (2) state the petitioner's age, date of birth, and address;
24382438 16 (3) state the grounds for relief and the relief sought;
24392439 17 (4) be filed in the court that ordered or imposed the suspension;
24402440 18 and
24412441 19 (5) be served on the bureau and the prosecuting attorney.
24422442 20 A prosecuting attorney shall appear on behalf of the bureau to respond
24432443 21 to a petition filed under this subsection.
24442444 22 (g) Whenever a suspension of an individual's driving privileges
24452445 23 under this chapter is terminated because:
24462446 24 (1) the underlying conviction, judgment, or finding that forms the
24472447 25 basis of the suspension is reversed, vacated, or dismissed; or
24482448 26 (2) the individual is acquitted of, found not liable for, or otherwise
24492449 27 found not to have committed the underlying act or offense that
24502450 28 forms the basis of the suspension;
24512451 29 the individual's specialized driving privileges expire at the time the
24522452 30 suspension of the individual's driving privileges is terminated.
24532453 31 (h) The court shall inform the bureau of a termination of a
24542454 32 suspension of driving privileges and expiration of specialized driving
24552455 33 privileges as described under subsection (g) in a format designated by
24562456 34 the bureau.
24572457 35 SECTION 72. IC 9-30-16-5, AS AMENDED BY P.L.10-2019,
24582458 36 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24592459 37 JULY 1, 2022]: Sec. 5. (a) A person who knowingly or intentionally
24602460 38 violates a condition imposed by a court under section 3, 3.5, or 4 of this
24612461 39 chapter, or imposed under IC 9-30-10-14.2, commits a Class C
24622462 40 misdemeanor. The prosecuting attorney may notify the court that issued
24632463 41 the specialized driving privileges order of the alleged violation. If the
24642464 42 specialized driving privileges order is from a different county, the
24652465 2022 IN 200—LS 6329/DI 139 58
24662466 1 prosecuting attorney may also notify the prosecuting attorney in that
24672467 2 county of the violation.
24682468 3 (b) For a person convicted of an offense under subsection (a), the
24692469 4 court that issued the specialized driving privileges order that was
24702470 5 violated may modify or revoke specialized driving privileges. The court
24712471 6 that issued the specialized driving privileges order that was violated
24722472 7 may order the bureau to lift the stay of a suspension of driving
24732473 8 privileges and suspend the person's driving license or driving card as
24742474 9 originally ordered in addition to any additional suspension.
24752475 10 SECTION 73. IC 9-30-16-6, AS AMENDED BY P.L.110-2020,
24762476 11 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24772477 12 JULY 1, 2022]: Sec. 6. (a) A person whose driving privileges are
24782478 13 suspended under section 1(c) of this chapter:
24792479 14 (1) is entitled to credit for any days during which the license or
24802480 15 driving card was suspended under IC 9-30-6-9(c); and
24812481 16 (2) may not receive any credit for days during which the person's
24822482 17 driving privileges were suspended under IC 9-30-6-9(b).
24832483 18 (b) A period of suspension of driving privileges imposed under
24842484 19 section 1(c) of this chapter must be consecutive to any period of
24852485 20 suspension imposed under IC 9-30-6-9(b). However, if the state and
24862486 21 defendant agree pursuant to a term in an accepted plea agreement, or
24872487 22 if the court finds at sentencing that it is in the best interest of society,
24882488 23 the court shall terminate all or any part of the remaining suspension
24892489 24 under IC 9-30-6-9(b) and shall enter this finding in its sentencing
24902490 25 order.
24912491 26 (c) The bureau shall designate a period of suspension of driving
24922492 27 privileges imposed under section 1(c) of this chapter as consecutive to
24932493 28 any period of suspension imposed under IC 9-30-6-9(b) unless the
24942494 29 sentencing order of the court under subsection (b) terminates all or part
24952495 30 of the remaining suspension under IC 9-30-6-9(b).
24962496 31 SECTION 74. IC 9-30-16-6.5, AS ADDED BY P.L.110-2020,
24972497 32 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24982498 33 JULY 1, 2022]: Sec. 6.5. A court and the bureau, if applicable, shall
24992499 34 terminate all or any part of the remaining suspension of a person's
25002500 35 license or driving card suspension under section 1(c) of this chapter
25012501 36 or under IC 9-30-6-9 if:
25022502 37 (1) the charges against the person are dismissed;
25032503 38 (2) the person is acquitted; or
25042504 39 (3) the person's conviction is vacated or reversed on appeal.
25052505 40 SECTION 75. IC 9-30-16-7, AS ADDED BY P.L.198-2016,
25062506 41 SECTION 611, IS AMENDED TO READ AS FOLLOWS
25072507 42 [EFFECTIVE JULY 1, 2022]: Sec. 7. If the bureau issues a driver's
25082508 2022 IN 200—LS 6329/DI 139 59
25092509 1 license or driving card to an individual who has been issued
25102510 2 specialized driving privileges, the individual shall pay a specialized
25112511 3 driving privileges charge of ten dollars ($10). The charge is in addition
25122512 4 to any applicable fees under IC 9-24 and shall be deposited in the
25132513 5 commission fund.
25142514 6 SECTION 76. IC 20-33-2-11, AS AMENDED BY P.L.111-2021,
25152515 7 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25162516 8 JULY 1, 2022]: Sec. 11. (a) Notwithstanding IC 9-24 concerning the
25172517 9 minimum requirements for qualifying for the issuance of a driver's
25182518 10 license, or a learner's permit, a driving card, or a driving card
25192519 11 learner's permit, and subject to subsections (c) through (e), an
25202520 12 individual who is:
25212521 13 (1) at least fifteen (15) years of age and less than eighteen (18)
25222522 14 years of age;
25232523 15 (2) a habitual truant under the definition of habitual truant
25242524 16 established under subsection (b); and
25252525 17 (3) identified in the information submitted to the bureau of motor
25262526 18 vehicles under subsection (f);
25272527 19 may not be issued a driver's license, or a learner's permit, a driving
25282528 20 card, or a driving card learner's permit to drive a motor vehicle
25292529 21 under IC 9-24 until the individual is at least eighteen (18) years of age.
25302530 22 (b) Each governing body may establish and include as part of the
25312531 23 written copy of its discipline rules described in IC 20-33-8-12:
25322532 24 (1) a definition of a child who is designated as a habitual truant,
25332533 25 which must, at a minimum, define the term as a student who is
25342534 26 chronically absent, by having unexcused absences from school for
25352535 27 more than ten (10) days of school in one (1) school year; and
25362536 28 (2) all other pertinent matters related to this action.
25372537 29 (c) An individual described in subsection (a) is entitled to the
25382538 30 procedure described in IC 20-33-8-19.
25392539 31 (d) An individual described in subsection (a) who is at least thirteen
25402540 32 (13) years of age and less than eighteen (18) years of age is entitled to
25412541 33 a periodic review of the individual's attendance record in school to
25422542 34 determine whether the prohibition described in subsection (a) shall
25432543 35 continue. The periodic reviews may not be conducted less than one (1)
25442544 36 time each school year.
25452545 37 (e) Upon review, the governing body may determine that the
25462546 38 individual's attendance record has improved to the degree that the
25472547 39 individual may become eligible to be issued a driver's license, or a
25482548 40 learner's permit, a driving card, or a driving card learner's permit.
25492549 41 (f) The governing body of the school corporation may submit to the
25502550 42 bureau of motor vehicles the pertinent information concerning an
25512551 2022 IN 200—LS 6329/DI 139 60
25522552 1 individual's ineligibility under subsection (a) to be issued a driver's
25532553 2 license, or a learner's permit, a driving card, or a driving card
25542554 3 learner's permit.
25552555 4 (g) The department shall develop guidelines concerning criteria
25562556 5 used in defining a habitual truant that may be considered by a
25572557 6 governing body in complying with subsection (b).
25582558 7 SECTION 77. IC 20-33-2-28.5, AS AMENDED BY P.L.147-2020,
25592559 8 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25602560 9 JULY 1, 2022]: Sec. 28.5. (a) This section applies to an individual:
25612561 10 (1) who:
25622562 11 (A) attends or last attended a public school;
25632563 12 (B) is at least sixteen (16) years of age but less than eighteen
25642564 13 (18) years of age; and
25652565 14 (C) has not completed the requirements for graduation;
25662566 15 (2) who:
25672567 16 (A) wishes to withdraw from school before graduation;
25682568 17 (B) fails to return at the beginning of a semester; or
25692569 18 (C) stops attending school during a semester; and
25702570 19 (3) who has no record of transfer to another school.
25712571 20 (b) An individual to whom this section applies may withdraw from
25722572 21 school only if all of the following conditions are met:
25732573 22 (1) An exit interview is conducted.
25742574 23 (2) The individual's parent consents to the withdrawal.
25752575 24 (3) The school principal approves of the withdrawal.
25762576 25 (4) The withdrawal is due to:
25772577 26 (A) financial hardship and the individual must be employed to
25782578 27 support the individual's family or a dependent;
25792579 28 (B) illness; or
25802580 29 (C) an order by a court that has jurisdiction over the child.
25812581 30 During the exit interview, the school principal shall provide to the
25822582 31 student and the student's parent a copy of statistics compiled by the
25832583 32 department concerning the likely consequences of life without a high
25842584 33 school diploma. The school principal shall advise the student and the
25852585 34 student's parent that the student's withdrawal from school may prevent
25862586 35 the student from receiving or result in the revocation of the student's
25872587 36 employment certificate and driver's license, or learner's permit, driving
25882588 37 card, or driving card learner's permit.
25892589 38 (c) For purposes of this section, the following must be in written
25902590 39 form:
25912591 40 (1) An individual's request to withdraw from school.
25922592 41 (2) A parent's consent to a withdrawal.
25932593 42 (3) A principal's consent to a withdrawal.
25942594 2022 IN 200—LS 6329/DI 139 61
25952595 1 (d) If the individual's principal does not consent to the individual's
25962596 2 withdrawal under this section, the individual's parent may appeal the
25972597 3 denial of consent to the governing body of the public school that the
25982598 4 individual last attended.
25992599 5 (e) Each public school, including each school corporation and each
26002600 6 charter school (as defined in IC 20-24-1-4), shall provide an annual
26012601 7 report to the department setting forth the following information:
26022602 8 (1) The total number of individuals:
26032603 9 (A) who withdrew from school under this section; and
26042604 10 (B) who either:
26052605 11 (i) failed to return to school at the beginning of a semester;
26062606 12 or
26072607 13 (ii) stopped attending school during a semester;
26082608 14 and for whom there is no record of transfer to another school.
26092609 15 (2) The number of individuals who withdrew from school
26102610 16 following an exit interview.
26112611 17 (f) If an individual to which this section applies:
26122612 18 (1) has not received consent to withdraw from school under this
26132613 19 section; and
26142614 20 (2) fails to return to school at the beginning of a semester or
26152615 21 during the semester;
26162616 22 the principal of the school that the individual last attended may deliver
26172617 23 by certified mail or personal delivery to the bureau of youth
26182618 24 employment a record of the individual's failure to return to school so
26192619 25 that the bureau of youth employment revokes any employment
26202620 26 certificates issued under IC 22-2-18 (before its expiration on June 30,
26212621 27 2021) to the individual and does not issue any additional employment
26222622 28 certificates to the individual. For purposes of IC 22-2-18-20 (before its
26232623 29 expiration on June 30, 2021), the individual shall be considered a
26242624 30 dropout.
26252625 31 (g) At the same time that a school principal delivers the record
26262626 32 under subsection (f), the principal may deliver by certified mail or
26272627 33 personal delivery to the bureau of motor vehicles a record of the
26282628 34 individual's failure to return to school so that the bureau of motor
26292629 35 vehicles revokes any driver's license, or learner's permit, driving card,
26302630 36 or driving card learner's permit issued to the individual and does not
26312631 37 issue any additional driver's licenses, or learner's permits, driving
26322632 38 cards, or driving card learner's permits to the individual before the
26332633 39 individual is at least eighteen (18) years of age. For purposes of
26342634 40 IC 9-24-2-1, the individual shall be considered a dropout.
26352635 41 (h) If:
26362636 42 (1) a principal has delivered the record required under subsection
26372637 2022 IN 200—LS 6329/DI 139 62
26382638 1 (f) or (g), or both; and
26392639 2 (2) the school subsequently gives consent to the individual to
26402640 3 withdraw from school under this section;
26412641 4 the principal of the school shall send a notice of withdrawal to the
26422642 5 bureau of youth employment and the bureau of motor vehicles by
26432643 6 certified mail or personal delivery and, for purposes of IC 22-2-18-20
26442644 7 (before its expiration on June 30, 2021) and IC 9-24-2-1, the individual
26452645 8 shall no longer be considered a dropout.
26462646 9 SECTION 78. IC 20-33-8-33, AS AMENDED BY P.L.233-2015,
26472647 10 SECTION 264, IS AMENDED TO READ AS FOLLOWS
26482648 11 [EFFECTIVE JULY 1, 2022]: Sec. 33. Before February 1 and before
26492649 12 October 1 of each year, except when a hearing has been requested to
26502650 13 determine financial hardship under IC 9-24-2-1(a)(4), a principal may
26512651 14 submit to the bureau of motor vehicles the pertinent information
26522652 15 concerning an individual's ineligibility under IC 9-24-2-1 to be issued
26532653 16 a driver's license, or learner's permit, driving card, or driving card
26542654 17 learner's permit, or concerning the suspension of driving privileges
26552655 18 under IC 9-24-2-4.
26562656 19 SECTION 79. IC 31-37-19-13, AS AMENDED BY P.L.111-2021,
26572657 20 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26582658 21 JULY 1, 2022]: Sec. 13. (a) This section applies if a child is a
26592659 22 delinquent child under IC 31-37-1 due to the commission of a
26602660 23 delinquent act that, if committed by an adult, would be:
26612661 24 (1) dealing in:
26622662 25 (A) a controlled substance (as defined in IC 35-48-1-9); or
26632663 26 (B) a counterfeit substance (as defined in IC 35-48-1-10);
26642664 27 (2) possessing:
26652665 28 (A) a controlled substance (as defined in IC 35-48-1-9); or
26662666 29 (B) a prescription drug (as defined in IC 35-48-1-25);
26672667 30 for which the child does not have a prescription; or
26682668 31 (3) conspiring to commit an act described in subdivision (1) or
26692669 32 (2).
26702670 33 (b) The juvenile court shall, in addition to any other order or decree
26712671 34 the court makes under this chapter, order the bureau of motor vehicles
26722672 35 to invalidate the child's driver's license or permit for a period specified
26732673 36 by the court of at least six (6) months but not more than one (1) year
26742674 37 from the time the child would otherwise be eligible for a learner's
26752675 38 permit or driving card learner's permit.
26762676 39 SECTION 80. IC 31-37-19-14, AS AMENDED BY P.L.111-2021,
26772677 40 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26782678 41 JULY 1, 2022]: Sec. 14. (a) This section applies if:
26792679 42 (1) a child has been previously determined to be a delinquent
26802680 2022 IN 200—LS 6329/DI 139 63
26812681 1 child under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal)
26822682 2 due to the commission of a delinquent act described in section
26832683 3 13(a)(1), 13(a)(2), or 13(a)(3) of this chapter (or
26842684 4 IC 31-6-4-15.9(d)(1), IC 31-6-4-15.9(d)(2), or
26852685 5 IC 31-6-4-15.9(d)(3) before its repeal); or
26862686 6 (2) the delinquent act described in section 13(a)(1), 13(a)(2), or
26872687 7 13(a)(3) of this chapter (or IC 31-6-4-15.9(d)(1),
26882688 8 IC 31-6-4-15.9(d)(2), or IC 31-6-4-15.9(d)(3) before its repeal)
26892689 9 was committed:
26902690 10 (A) on school property;
26912691 11 (B) within one thousand (1,000) feet of school property; or
26922692 12 (C) on a school bus.
26932693 13 (b) The juvenile court shall, in addition to any other order or decree
26942694 14 the court makes under this chapter, order the bureau of motor vehicles
26952695 15 to invalidate the child's driver's license or driving card for a period
26962696 16 specified by the court of at least six (6) months but not more than two
26972697 17 (2) years from the time the child would otherwise be eligible for a
26982698 18 learner's permit or driving card learner's permit.
26992699 19 SECTION 81. IC 31-37-19-15 IS AMENDED TO READ AS
27002700 20 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 15. (a) This section
27012701 21 applies if a child is a delinquent child under IC 31-37-1 due to the
27022702 22 commission of a delinquent act that, if committed by an adult, would
27032703 23 be:
27042704 24 (1) dealing in:
27052705 25 (A) a controlled substance (as defined in IC 35-48-1-9); or
27062706 26 (B) a counterfeit substance (as defined in IC 35-48-1-10);
27072707 27 (2) possessing:
27082708 28 (A) a controlled substance (as defined in IC 35-48-1-9); or
27092709 29 (B) a prescription drug (as defined in IC 35-48-1-25);
27102710 30 for which the child does not have a prescription; or
27112711 31 (3) conspiring to commit an act described in subdivision (1) or
27122712 32 (2).
27132713 33 (b) The juvenile court shall, in addition to any other order or decree
27142714 34 the court makes under this chapter, order the bureau of motor vehicles
27152715 35 not to issue the child a learner's permit or driving card learner's
27162716 36 permit for a period specified by the court of at least six (6) months but
27172717 37 not more than one (1) year from the time the child would otherwise be
27182718 38 eligible for a learner's permit or driving card learner's permit.
27192719 39 SECTION 82. IC 31-37-19-16 IS AMENDED TO READ AS
27202720 40 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) This section
27212721 41 applies if:
27222722 42 (1) a child has been previously determined to be a delinquent
27232723 2022 IN 200—LS 6329/DI 139 64
27242724 1 child under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal)
27252725 2 due to the commission of a delinquent act described in section
27262726 3 15(a)(1), 15(a)(2), or 15(a)(3) of this chapter (or
27272727 4 IC 31-6-4-15.9(e)(1), IC 31-6-4-15.9(e)(2), or
27282728 5 IC 31-6-4-15.9(e)(3) before its repeal); or
27292729 6 (2) the delinquent act described in section 15(a)(1), 15(a)(2), or
27302730 7 15(a)(3) of this chapter (or IC 31-6-4-15.9(e)(1),
27312731 8 IC 31-6-4-15.9(e)(2), or IC 31-6-4-15.9(e)(3) before its repeal)
27322732 9 was committed:
27332733 10 (A) on school property;
27342734 11 (B) within one thousand (1,000) feet of school property; or
27352735 12 (C) on a school bus.
27362736 13 (b) The juvenile court shall, in addition to any other order or decree
27372737 14 the court makes under this chapter, order the bureau of motor vehicles
27382738 15 not to issue the child a learner's permit or driving card learner's
27392739 16 permit for a period specified by the court of at least six (6) months but
27402740 17 not more than two (2) years from the time the child would otherwise be
27412741 18 eligible for a learner's permit or driving card learner's permit.
27422742 19 SECTION 83. IC 31-37-19-17, AS AMENDED BY P.L.111-2021,
27432743 20 SECTION 100, IS AMENDED TO READ AS FOLLOWS
27442744 21 [EFFECTIVE JULY 1, 2022]: Sec. 17. (a) This section applies if a
27452745 22 child is a delinquent child under IC 31-37-1 due to the commission of
27462746 23 a delinquent act that, if committed by an adult, would be criminal
27472747 24 mischief or institutional criminal mischief under IC 35-43-1-2 that
27482748 25 involves the use of graffiti.
27492749 26 (b) The juvenile court may, in addition to any other order or decree
27502750 27 the court makes under this chapter, order the bureau of motor vehicles
27512751 28 to:
27522752 29 (1) suspend the child's driver's license or driving card; or
27532753 30 (2) invalidate the child's learner's permit or driving card
27542754 31 learner's permit;
27552755 32 for one (1) year beginning the date of the order.
27562756 33 SECTION 84. IC 34-24-1-1, AS AMENDED BY P.L.174-2021,
27572757 34 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27582758 35 JULY 1, 2022]: Sec. 1. (a) The following may be seized:
27592759 36 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
27602760 37 or are intended for use by the person or persons in possession of
27612761 38 them to transport or in any manner to facilitate the transportation
27622762 39 of the following:
27632763 40 (A) A controlled substance for the purpose of committing,
27642764 41 attempting to commit, or conspiring to commit any of the
27652765 42 following:
27662766 2022 IN 200—LS 6329/DI 139 65
27672767 1 (i) Dealing in or manufacturing cocaine or a narcotic drug
27682768 2 (IC 35-48-4-1).
27692769 3 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
27702770 4 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
27712771 5 (iv) Dealing in a schedule I, II, or III controlled substance
27722772 6 (IC 35-48-4-2).
27732773 7 (v) Dealing in a schedule IV controlled substance (IC
27742774 8 35-48-4-3).
27752775 9 (vi) Dealing in a schedule V controlled substance (IC
27762776 10 35-48-4-4).
27772777 11 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
27782778 12 (viii) Possession of cocaine or a narcotic drug (IC
27792779 13 35-48-4-6).
27802780 14 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
27812781 15 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
27822782 16 (xi) Dealing in marijuana, hash oil, hashish, or salvia (IC
27832783 17 35-48-4-10).
27842784 18 (xii) An offense under IC 35-48-4 involving a synthetic drug
27852785 19 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
27862786 20 substance (as defined in IC 35-31.5-2-321.5 (before its
27872787 21 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
27882788 22 repeal on July 1, 2019), a controlled substance analog (as
27892789 23 defined in IC 35-48-1-9.3), or a substance represented to be
27902790 24 a controlled substance (as described in IC 35-48-4-4.6).
27912791 25 (B) Any stolen (IC 35-43-4-2) or converted property (IC
27922792 26 35-43-4-3) if the retail or repurchase value of that property is
27932793 27 one hundred dollars ($100) or more.
27942794 28 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
27952795 29 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
27962796 30 mass destruction (as defined in IC 35-31.5-2-354) used to
27972797 31 commit, used in an attempt to commit, or used in a conspiracy
27982798 32 to commit a felony terrorist offense (as defined in
27992799 33 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
28002800 34 furtherance of an act of terrorism (as defined by
28012801 35 IC 35-31.5-2-329).
28022802 36 (2) All money, negotiable instruments, securities, weapons,
28032803 37 communications devices, or any property used to commit, used in
28042804 38 an attempt to commit, or used in a conspiracy to commit a felony
28052805 39 terrorist offense (as defined in IC 35-50-2-18) or an offense under
28062806 40 IC 35-47 as part of or in furtherance of an act of terrorism or
28072807 41 commonly used as consideration for a violation of IC 35-48-4
28082808 42 (other than items subject to forfeiture under IC 16-42-20-5 or
28092809 2022 IN 200—LS 6329/DI 139 66
28102810 1 IC 16-6-8.5-5.1, before its repeal):
28112811 2 (A) furnished or intended to be furnished by any person in
28122812 3 exchange for an act that is in violation of a criminal statute;
28132813 4 (B) used to facilitate any violation of a criminal statute; or
28142814 5 (C) traceable as proceeds of the violation of a criminal statute.
28152815 6 (3) Any portion of real or personal property purchased with
28162816 7 money that is traceable as a proceed of a violation of a criminal
28172817 8 statute.
28182818 9 (4) A vehicle that is used by a person to:
28192819 10 (A) commit, attempt to commit, or conspire to commit;
28202820 11 (B) facilitate the commission of; or
28212821 12 (C) escape from the commission of;
28222822 13 murder (IC 35-42-1-1), dealing in a controlled substance resulting
28232823 14 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
28242824 15 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
28252825 16 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
28262826 17 under IC 35-47 as part of or in furtherance of an act of terrorism.
28272827 18 (5) Real property owned by a person who uses it to commit any of
28282828 19 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
28292829 20 felony:
28302830 21 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
28312831 22 35-48-4-1).
28322832 23 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
28332833 24 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
28342834 25 (D) Dealing in a schedule I, II, or III controlled substance (IC
28352835 26 35-48-4-2).
28362836 27 (E) Dealing in a schedule IV controlled substance (IC
28372837 28 35-48-4-3).
28382838 29 (F) Dealing in marijuana, hash oil, hashish, or salvia (IC
28392839 30 35-48-4-10).
28402840 31 (G) Dealing in a synthetic drug (as defined in
28412841 32 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
28422842 33 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
28432843 34 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
28442844 35 2019).
28452845 36 (H) Dealing in a controlled substance resulting in death (IC
28462846 37 35-42-1-1.5).
28472847 38 (6) Equipment and recordings used by a person to commit fraud
28482848 39 under IC 35-43-5.
28492849 40 (7) Recordings sold, rented, transported, or possessed by a person
28502850 41 in violation of IC 24-4-10.
28512851 42 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
28522852 2022 IN 200—LS 6329/DI 139 67
28532853 1 defined by IC 35-45-6-1) that is the object of a corrupt business
28542854 2 influence violation (IC 35-45-6-2).
28552855 3 (9) Unlawful telecommunications devices (as defined in
28562856 4 IC 35-45-13-6) and plans, instructions, or publications used to
28572857 5 commit an offense under IC 35-45-13.
28582858 6 (10) Any equipment, including computer equipment and cellular
28592859 7 telephones, used for or intended for use in preparing,
28602860 8 photographing, recording, videotaping, digitizing, printing,
28612861 9 copying, or disseminating matter in violation of IC 35-42-4.
28622862 10 (11) Destructive devices used, possessed, transported, or sold in
28632863 11 violation of IC 35-47.5.
28642864 12 (12) Tobacco products that are sold in violation of IC 24-3-5,
28652865 13 tobacco products that a person attempts to sell in violation of
28662866 14 IC 24-3-5, and other personal property owned and used by a
28672867 15 person to facilitate a violation of IC 24-3-5.
28682868 16 (13) Property used by a person to commit counterfeiting or
28692869 17 forgery in violation of IC 35-43-5-2.
28702870 18 (14) After December 31, 2005, if a person is convicted of an
28712871 19 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
28722872 20 following real or personal property:
28732873 21 (A) Property used or intended to be used to commit, facilitate,
28742874 22 or promote the commission of the offense.
28752875 23 (B) Property constituting, derived from, or traceable to the
28762876 24 gross proceeds that the person obtained directly or indirectly
28772877 25 as a result of the offense.
28782878 26 (15) Except as provided in subsection (e), a vehicle used by a
28792879 27 person who operates the vehicle:
28802880 28 (A) while intoxicated, in violation of IC 9-30-5-1 through
28812881 29 IC 9-30-5-5, if in the previous five (5) years the person has two
28822882 30 (2) or more prior unrelated convictions for operating a motor
28832883 31 vehicle while intoxicated in violation of IC 9-30-5-1 through
28842884 32 IC 9-30-5-5; or
28852885 33 (B) on a highway while the person's driving privileges are
28862886 34 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
28872887 35 if in the previous five (5) years the person has two (2) or more
28882888 36 prior unrelated convictions for operating a vehicle while
28892889 37 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
28902890 38 If a court orders the seizure of a vehicle under this subdivision,
28912891 39 the court shall transmit an order to the bureau of motor vehicles
28922892 40 recommending that the bureau not permit a vehicle to be
28932893 41 registered in the name of the person whose vehicle was seized
28942894 42 until the person possesses a current driving license (as defined in
28952895 2022 IN 200—LS 6329/DI 139 68
28962896 1 IC 9-13-2-41) or driving card (as described in IC 9-24-3.5).
28972897 2 (16) The following real or personal property:
28982898 3 (A) Property used or intended to be used to commit, facilitate,
28992899 4 or promote the commission of an offense specified in
29002900 5 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
29012901 6 IC 30-2-13-38(f).
29022902 7 (B) Property constituting, derived from, or traceable to the
29032903 8 gross proceeds that a person obtains directly or indirectly as a
29042904 9 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
29052905 10 IC 30-2-10-9(b), or IC 30-2-13-38(f).
29062906 11 (17) Real or personal property, including a vehicle, that is used by
29072907 12 a person to:
29082908 13 (A) commit, attempt to commit, or conspire to commit;
29092909 14 (B) facilitate the commission of; or
29102910 15 (C) escape from the commission of;
29112911 16 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
29122912 17 trafficking) or IC 35-45-4-4 (promoting prostitution).
29132913 18 (b) A vehicle used by any person as a common or contract carrier in
29142914 19 the transaction of business as a common or contract carrier is not
29152915 20 subject to seizure under this section, unless it can be proven by a
29162916 21 preponderance of the evidence that the owner of the vehicle knowingly
29172917 22 permitted the vehicle to be used to engage in conduct that subjects it to
29182918 23 seizure under subsection (a).
29192919 24 (c) Equipment under subsection (a)(10) may not be seized unless it
29202920 25 can be proven by a preponderance of the evidence that the owner of the
29212921 26 equipment knowingly permitted the equipment to be used to engage in
29222922 27 conduct that subjects it to seizure under subsection (a)(10).
29232923 28 (d) Money, negotiable instruments, securities, weapons,
29242924 29 communications devices, or any property commonly used as
29252925 30 consideration for a violation of IC 35-48-4 found near or on a person
29262926 31 who is committing, attempting to commit, or conspiring to commit any
29272927 32 of the following offenses shall be admitted into evidence in an action
29282928 33 under this chapter as prima facie evidence that the money, negotiable
29292929 34 instrument, security, or other thing of value is property that has been
29302930 35 used or was to have been used to facilitate the violation of a criminal
29312931 36 statute or is the proceeds of the violation of a criminal statute:
29322932 37 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
29332933 38 death).
29342934 39 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
29352935 40 narcotic drug).
29362936 41 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
29372937 42 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
29382938 2022 IN 200—LS 6329/DI 139 69
29392939 1 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
29402940 2 substance).
29412941 3 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
29422942 4 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
29432943 5 as a Level 4 felony.
29442944 6 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
29452945 7 Level 3, Level 4, or Level 5 felony.
29462946 8 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
29472947 9 3, Level 4, or Level 5 felony.
29482948 10 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
29492949 11 salvia) as a Level 5 felony.
29502950 12 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
29512951 13 in a synthetic drug or synthetic drug lookalike substance) as a
29522952 14 Level 5 felony or Level 6 felony (or as a Class C felony or Class
29532953 15 D felony under IC 35-48-4-10 before its amendment in 2013).
29542954 16 (e) A vehicle operated by a person who is not:
29552955 17 (1) an owner of the vehicle; or
29562956 18 (2) the spouse of the person who owns the vehicle;
29572957 19 is not subject to seizure under subsection (a)(15) unless it can be
29582958 20 proven by a preponderance of the evidence that the owner of the
29592959 21 vehicle knowingly permitted the vehicle to be used to engage in
29602960 22 conduct that subjects it to seizure under subsection (a)(15).
29612961 23 SECTION 85. IC 35-43-1-2, AS AMENDED BY P.L.111-2021,
29622962 24 SECTION 104, IS AMENDED TO READ AS FOLLOWS
29632963 25 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) A person who recklessly,
29642964 26 knowingly, or intentionally damages or defaces property of another
29652965 27 person without the other person's consent commits criminal mischief,
29662966 28 a Class B misdemeanor. However, the offense is:
29672967 29 (1) a Class A misdemeanor if the pecuniary loss is at least seven
29682968 30 hundred fifty dollars ($750) but less than fifty thousand dollars
29692969 31 ($50,000); and
29702970 32 (2) a Level 6 felony if:
29712971 33 (A) the pecuniary loss is at least fifty thousand dollars
29722972 34 ($50,000);
29732973 35 (B) the damage causes a substantial interruption or impairment
29742974 36 of utility service rendered to the public;
29752975 37 (C) the damage is to a public record; or
29762976 38 (D) the damage is to a law enforcement animal (as defined in
29772977 39 IC 35-46-3-4.5).
29782978 40 (b) A person who recklessly, knowingly, or intentionally damages:
29792979 41 (1) a structure used for religious worship without the consent of
29802980 42 the owner, possessor, or occupant of the property that is damaged;
29812981 2022 IN 200—LS 6329/DI 139 70
29822982 1 (2) a school or community center without the consent of the
29832983 2 owner, possessor, or occupant of the property that is damaged;
29842984 3 (3) the property of an agricultural operation (as defined in
29852985 4 IC 32-30-6-1) without the consent of the owner, possessor, or
29862986 5 occupant of the property that is damaged;
29872987 6 (4) the grounds:
29882988 7 (A) adjacent to; and
29892989 8 (B) owned or rented in common with;
29902990 9 a structure or facility identified in subdivisions (1) through (3)
29912991 10 without the consent of the owner, possessor, or occupant of the
29922992 11 property that is damaged;
29932993 12 (5) personal property contained in a structure or located at a
29942994 13 facility identified in subdivisions (1) through (3) without the
29952995 14 consent of the owner, possessor, or occupant of the property that
29962996 15 is damaged;
29972997 16 (6) property that is vacant real property (as defined in
29982998 17 IC 36-7-36-5) or a vacant structure (as defined in IC 36-7-36-6);
29992999 18 or
30003000 19 (7) property after the person has been denied entry to the property
30013001 20 by a court order that was issued:
30023002 21 (A) to the person; or
30033003 22 (B) to the general public by conspicuous posting on or around
30043004 23 the property in areas where a person could observe the order
30053005 24 when the property has been designated by a municipality or
30063006 25 county enforcement authority to be a vacant property, an
30073007 26 abandoned property, or an abandoned structure (as defined in
30083008 27 IC 36-7-36-1);
30093009 28 commits institutional criminal mischief, a Class A misdemeanor.
30103010 29 However, the offense is a Level 6 felony if the pecuniary loss (or
30113011 30 property damage, in the case of an agricultural operation) is at least
30123012 31 seven hundred fifty dollars ($750) but less than fifty thousand dollars
30133013 32 ($50,000), and a Level 5 felony if the pecuniary loss (or property
30143014 33 damage, in the case of an agricultural operation) is at least fifty
30153015 34 thousand dollars ($50,000).
30163016 35 (c) A person who recklessly, knowingly, or intentionally damages
30173017 36 property:
30183018 37 (1) during the dealing or manufacture of or attempted dealing or
30193019 38 manufacture of a controlled substance; and
30203020 39 (2) by means of a fire or an explosion;
30213021 40 commits controlled substances criminal mischief, a Level 6 felony.
30223022 41 However, the offense is a Level 5 felony if the offense results in
30233023 42 moderate bodily injury to any person other than a defendant.
30243024 2022 IN 200—LS 6329/DI 139 71
30253025 1 (d) If a person is convicted of an offense under this section that
30263026 2 involves the use of graffiti, the court may, in addition to any other
30273027 3 penalty, order that the person's driver's license or driving card be
30283028 4 suspended or invalidated by the bureau of motor vehicles for not more
30293029 5 than one (1) year.
30303030 6 (e) The court may rescind an order for suspension or invalidation
30313031 7 under subsection (d) and allow the person to receive a license or permit
30323032 8 before the period of suspension or invalidation ends if the court
30333033 9 determines that the person has removed or painted over the graffiti or
30343034 10 has made other suitable restitution.
30353035 11 (f) For purposes of this section, "pecuniary loss" includes:
30363036 12 (1) the total costs incurred in inspecting, cleaning, and
30373037 13 decontaminating property contaminated by a pollutant; and
30383038 14 (2) a reasonable estimate of all additional costs not already
30393039 15 incurred under subdivision (1) that are necessary to inspect, clean,
30403040 16 and decontaminate property contaminated by a pollutant, to the
30413041 17 extent that the property has not already been:
30423042 18 (A) cleaned;
30433043 19 (B) decontaminated; or
30443044 20 (C) both cleaned and decontaminated.
30453045 21 The term includes inspection, cleaning, or decontamination conducted
30463046 22 by a person certified under IC 16-19-3.1.
30473047 23 SECTION 86. IC 35-52-9-36, AS ADDED BY P.L.169-2014,
30483048 24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30493049 25 JULY 1, 2022]: Sec. 36. IC 9-24-18-1 defines a crime crimes
30503050 26 concerning driver's licenses and driving cards.
30513051 27 SECTION 87. IC 35-52-9-37.5, AS ADDED BY P.L.188-2015,
30523052 28 SECTION 153, IS AMENDED TO READ AS FOLLOWS
30533053 29 [EFFECTIVE JULY 1, 2022]: Sec. 37.5. IC 9-24-18-7.5 defines a
30543054 30 crime crimes concerning driver's licenses and driving cards.
30553055 31 SECTION 88. [EFFECTIVE JULY 1, 2022] (a) The bureau of
30563056 32 motor vehicles shall adopt rules under IC 4-22-2, including
30573057 33 emergency rules in the manner provided under IC 4-22-2-37.1,
30583058 34 necessary to implement issuance and administration of driving
30593059 35 cards under IC 9-24-3.5, as added by this act, and driving card
30603060 36 learner's permits under IC 9-24-7-1, as amended by this act.
30613061 37 (b) This SECTION expires July 1, 2023.
30623062 2022 IN 200—LS 6329/DI 139