Indiana Senate Bill SB0200 Latest Draft

                             
Introduced Version
SENATE BILL No. 200
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 9-13-2; IC 9-14; IC 9-21; IC 9-24; IC 9-25;
IC 9-26-1; IC 9-27-6; IC 9-30; IC 20-33; IC 31-37-19; IC 34-24-1-1;
IC 35-43-1-2; IC 35-52-9.
Synopsis:  Driving cards. Provides that an individual who is an Indiana
resident and cannot provide proof of identity and lawful status in the
United States may apply for a driving card learner's permit and driving
card to obtain driving privileges. Provides that a driving card learner's
permit and driving card may not be used for federal identification or
any other federal purpose. Requires an individual who holds a driving
card learner's permit or driving card and operates a motor vehicle to
verify and continuously maintain financial responsibility on any motor
vehicle the holder operates in the amount required by law. Provides
that the bureau of motor vehicles may not disclose certain information
unless presented with a lawful court order or judicial warrant. Makes
conforming changes. Makes technical corrections.
Effective:  July 1, 2022.
Niezgodski, Doriot
January 6, 2022, read first time and referred to Committee on Homeland Security and
Transportation.
2022	IN 200—LS 6329/DI 139 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 200
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 9-13-2-39.7, AS AMENDED BY P.L.111-2021,
2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 39.7. "Credential" means the following:
4 (1) The following forms of documentation in physical form issued
5 by the bureau under IC 9-24:
6 (A) A driver's license.
7 (B) A learner's permit.
8 (C) An identification card.
9 (D) A photo exempt identification card.
10 (E) A driving card.
11 (F) A driving card learner's permit.
12 (2) The following forms of documentation in the form of a mobile
13 credential issued by the bureau under IC 9-24:
14 (A) Except for a commercial driver's license issued under
15 IC 9-24-6.1, a driver's license.
16 (B) Except for a commercial learner's permit issued under
17 IC 9-24-6.1, a learner's permit.
2022	IN 200—LS 6329/DI 139 2
1 (C) An identification card.
2 (3) For the purposes of IC 9-24-17.7, any form of documentation
3 in physical form or digital form accessible on a mobile device
4 issued by the bureau under IC 9-24.
5 SECTION 2. IC 9-13-2-41 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 41. "Current driving
7 license" means every class and kind of license or permit, other than a
8 driving card or a driving card learner's permit, that evidences the
9 privilege to operate a motor vehicle upon the highways of Indiana. The
10 term includes a privilege granted by the license.
11 SECTION 3. IC 9-13-2-48, AS AMENDED BY P.L.120-2020,
12 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 48. (a) "Driver's license" means the following:
14 (1) Any type of license issued by the state in physical form
15 authorizing an individual to operate the type of vehicle for which
16 the license was issued, in the manner for which the license was
17 issued, on a highway. The term includes any endorsements added
18 to the license under IC 9-24-8.5.
19 (2) Except for a commercial driver's license issued under
20 IC 9-24-6.1, any type of license issued by the state in the form of
21 a mobile credential authorizing an individual to operate the type
22 of vehicle for which the license was issued, in the manner for
23 which the license was issued, on a highway. The term includes
24 any endorsements added to the license under IC 9-24-8.5.
25 (b) Notwithstanding the July 1, 2021, effective date in HEA
26 1506-2019, SECTION 33 (P.L.178-2019), this section takes effect July
27 1, 2020 (rather than July 1, 2021).
28 (b) The term does not include a driving card or a driving card
29 learner's permit.
30 SECTION 4. IC 9-13-2-93.4 IS ADDED TO THE INDIANA CODE
31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
32 1, 2022]: Sec. 93.4. "Licensed driver" means an individual holding
33 either of the following:
34 (1) A valid driver's license issued under IC 9-24-3.
35 (2) A valid driving card issued under IC 9-24-3.5.
36 SECTION 5. IC 9-13-2-123.5, AS AMENDED BY P.L.120-2020,
37 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2022]: Sec. 123.5. (a) "Permit" means the following:
39 (1) A permit issued by the state in physical form authorizing an
40 individual to operate the type of vehicle for which the permit was
41 issued on public streets, roads, or highways with certain
42 restrictions. The term under this subdivision includes the
2022	IN 200—LS 6329/DI 139 3
1 following:
2 (A) A learner's permit.
3 (B) A motorcycle permit.
4 (C) A commercial learner's permit.
5 (D) A driving card.
6 (E) A driving card learner's permit.
7 (2) A permit issued by the state in the form of a mobile credential
8 authorizing an individual to operate the type of vehicle for which
9 the permit was issued on public streets, roads, or highways with
10 certain restrictions. The term under this subdivision includes a
11 learner's permit and a motorcycle permit. The term under this
12 subdivision does not include a commercial learner's permit, a
13 driving card, or a driving card learner's permit.
14 (b) Notwithstanding the July 1, 2021, effective date in HEA
15 1506-2019, SECTION 37 (P.L.178-2019), this section takes effect July
16 1, 2020 (rather than July 1, 2021).
17 SECTION 6. IC 9-14-6-5, AS ADDED BY P.L.198-2016,
18 SECTION 186, IS AMENDED TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2022]: Sec. 5. "Highly restricted personal
20 information" means the following information that identifies an
21 individual:
22 (1) Digital photograph or image.
23 (2) Social Security number.
24 (3) Individual taxpayer identification number.
25 (3) (4) Medical or disability information.
26 (5) Type of credential held by an individual.
27 SECTION 7. IC 9-14-6-6, AS ADDED BY P.L.198-2016,
28 SECTION 186, IS AMENDED TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2022]: Sec. 6. "Personal information" means
30 information that identifies an individual, including an individual's:
31 (1) digital photograph or image;
32 (2) Social Security number;
33 (3) driver's license, driving card, or identification document
34 number;
35 (4) name;
36 (5) address (but not the ZIP code);
37 (6) telephone number; or
38 (7) medical or disability information.
39 The term does not include information about vehicular accidents,
40 driving or equipment related violations, and or an individual's driver's
41 license, driving card, or registration status.
42 SECTION 8. IC 9-14-8-3, AS ADDED BY P.L.198-2016,
2022	IN 200—LS 6329/DI 139 4
1 SECTION 188, IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2022]: Sec. 3. The bureau may do the
3 following:
4 (1) Adopt and enforce rules under IC 4-22-2 that are necessary to
5 carry out this title.
6 (2) Subject to the approval of the commission, request the
7 necessary office space, storage space, and parking facilities for
8 each license branch operated by the commission from the Indiana
9 department of administration as provided in IC 4-20.5-5-5.
10 (3) Upon any reasonable ground appearing on the records of the
11 bureau and subject to rules and guidelines of the bureau, suspend
12 or revoke the following:
13 (A) The current driving privileges or driver's license of any
14 individual.
15 (B) The current driving privileges or driving card of any
16 individual.
17 (B) (C) The certificate of registration and proof of registration
18 for any vehicle.
19 (C) (D) The certificate of registration and proof of registration
20 for any watercraft, off-road vehicle, or snowmobile.
21 (4) With the approval of the commission, adopt rules under
22 IC 4-22-2 to do the following:
23 (A) Increase or decrease any fee or charge imposed under this
24 title.
25 (B) Impose a fee on any other service for which a fee is not
26 imposed under this article.
27 (C) Increase or decrease a fee imposed under clause (B).
28 (D) Designate the fund or account in which a:
29 (i) fee increase under clause (A) or (C); or
30 (ii) new fee under clause (B);
31 shall be deposited.
32 SECTION 9. IC 9-14-11-5, AS ADDED BY P.L.198-2016,
33 SECTION 191, IS AMENDED TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2022]: Sec. 5. The board shall provide the
35 commissioner and the office of traffic safety created by IC 9-27-2-2
36 with assistance in the administration of Indiana driver licensing laws,
37 including:
38 (1) providing guidance to the commissioner in the area of
39 licensing drivers with health or other problems that may adversely
40 affect a driver's ability to operate a vehicle safely;
41 (2) recommending factors to be used in determining qualifications
42 and ability for issuance and retention of a driver's license or
2022	IN 200—LS 6329/DI 139 5
1 driving card; and
2 (3) recommending and participating in the review of license and
3 driving card suspension, restriction, or revocation appeal
4 procedures, including reasonable investigation into the facts of
5 the matter.
6 SECTION 10. IC 9-14-13-2, AS ADDED BY P.L.198-2016,
7 SECTION 193, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The bureau shall not disclose:
9 (1) the Social Security number;
10 (2) the federal identification number;
11 (3) the driver's license or driving card number;
12 (4) the digital image of the driver's license, driving card,
13 identification card, or photo exempt identification card applicant;
14 (5) a reproduction of the signature secured under IC 9-24-9-1,
15 IC 9-24-16-2, or IC 9-24-16.5-2; or
16 (6) medical or disability information;
17 (7) the individual taxpayer identification number;
18 (8) the type of credential held by an individual; or
19 (9) the renewal date of a driver's license or driving card;
20 of any individual except as provided in subsection subsections (b) and
21 (c).
22 (b) The bureau may disclose any information listed in subsection
23 (a)(2), (a)(3), (a)(4), (a)(5), or (a)(6):
24 (1) to a law enforcement officer;
25 (2) to an agent or a designee of the department of state revenue;
26 (3) for uses permitted under IC 9-14-13-7(1), IC 9-14-13-7(4),
27 IC 9-14-13-7(6), and IC 9-14-13-7(9); section 7(1), 7(4), 7(6),
28 and 7(9) of this chapter; or
29 (4) for voter registration and election purposes required under
30 IC 3-7 or IC 9-24-2.5.
31 (c) If the commissioner is presented with a lawful court order or
32 judicial warrant, the bureau may disclose any information listed in
33 subsection (a)(1), (a)(7), (a)(8), or (a)(9):
34 (1) to a law enforcement officer;
35 (2) to an agent or a designee of the department of state
36 revenue;
37 (3) for uses permitted under section 7(1), 7(4), 7(6), and 7(9)
38 of this chapter; or
39 (4) for voter registration and election purposes required
40 under IC 3-7 or IC 9-24-2.5.
41 SECTION 11. IC 9-14-13-7, AS ADDED BY P.L.198-2016,
42 SECTION 193, IS AMENDED TO READ AS FOLLOWS
2022	IN 200—LS 6329/DI 139 6
1 [EFFECTIVE JULY 1, 2022]: Sec. 7. Except as provided in section
2 2(c) of this chapter, the bureau may disclose certain personal
3 information that is not highly restricted personal information, if the
4 person requesting the information provides proof of identity and
5 represents that the use of the personal information will be strictly
6 limited to at least one (1) of the following:
7 (1) For use by a government agency, including a court or law
8 enforcement agency, in carrying out its functions, or a person
9 acting on behalf of a government agency in carrying out its
10 functions.
11 (2) For use in connection with matters concerning:
12 (A) motor vehicle or driver safety and theft;
13 (B) motor vehicle emissions;
14 (C) motor vehicle product alterations, recalls, or advisories;
15 (D) performance monitoring of motor vehicles, motor vehicle
16 parts, and dealers;
17 (E) motor vehicle market research activities, including survey
18 research;
19 (F) the removal of nonowner records from the original owner
20 records of motor vehicle manufacturers; and
21 (G) motor fuel theft under IC 24-4.6-5.
22 (3) For use in the normal course of business by a business or its
23 agents, employees, or contractors, but only:
24 (A) to verify the accuracy of personal information submitted
25 by an individual to the business or its agents, employees, or
26 contractors; and
27 (B) if information submitted to a business is not correct or is
28 no longer correct, to obtain the correct information only for
29 purposes of preventing fraud by pursuing legal remedies
30 against, or recovering on a debt or security interest against, the
31 individual.
32 (4) For use in connection with a civil, a criminal, an
33 administrative, or an arbitration proceeding in a court or
34 government agency or before a self-regulatory body, including the
35 service of process, investigation in anticipation of litigation, and
36 the execution or enforcement of judgments and orders, or under
37 an order of a court.
38 (5) For use in research activities, and for use in producing
39 statistical reports, as long as the personal information is not
40 published, redisclosed, or used to contact the individuals who are
41 the subject of the personal information.
42 (6) For use by an insurer, an insurance support organization, or a
2022	IN 200—LS 6329/DI 139 7
1 self-insured entity, or the agents, employees, or contractors of an
2 insurer, an insurance support organization, or a self-insured entity
3 in connection with claims investigation activities, anti-fraud
4 activities, rating, or underwriting.
5 (7) For use in providing notice to the owners of towed or
6 impounded vehicles.
7 (8) For use by a licensed private investigative agency or licensed
8 security service for a purpose allowed under this section.
9 (9) For use by an employer or its agent or insurer to obtain or
10 verify information relating to a holder of a commercial driver's
11 license that is required under the Commercial Motor Vehicle
12 Safety Act of 1986 (49 U.S.C. 31131 et seq.).
13 (10) For use in connection with the operation of private toll
14 transportation facilities.
15 (11) For any use in response to requests for individual motor
16 vehicle records when the bureau has obtained the written consent
17 of the person to whom the personal information pertains.
18 (12) For bulk distribution for surveys, marketing, or solicitations
19 when the bureau has obtained the written consent of the person to
20 whom the personal information pertains.
21 (13) For use by any person, when the person demonstrates, in a
22 form and manner prescribed by the bureau, that written consent
23 has been obtained from the individual who is the subject of the
24 information.
25 (14) For any other use specifically authorized by law that is
26 related to the operation of a motor vehicle or public safety.
27 However, this section does not affect the use of anatomical gift
28 information on a person's driver's license, driving card, or
29 identification document issued by the bureau, nor does this section
30 affect the administration of anatomical gift initiatives in Indiana.
31 SECTION 12. IC 9-21-8-52, AS AMENDED BY P.L.144-2019,
32 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 52. (a) A person who operates a vehicle and who
34 recklessly:
35 (1) drives at such an unreasonably high rate of speed or at such an
36 unreasonably low rate of speed under the circumstances as to:
37 (A) endanger the safety or the property of others; or
38 (B) block the proper flow of traffic;
39 (2) passes another vehicle from the rear while on a slope or on a
40 curve where vision is obstructed for a distance of less than five
41 hundred (500) feet ahead;
42 (3) drives in and out of a line of traffic, except as otherwise
2022	IN 200—LS 6329/DI 139 8
1 permitted; or
2 (4) speeds up or refuses to give one-half (1/2) of the roadway to
3 a driver overtaking and desiring to pass;
4 commits a Class C misdemeanor. However, the offense is a Class A
5 misdemeanor if it causes bodily injury to a person.
6 (b) A person who operates a vehicle and who recklessly passes a
7 school bus stopped on a roadway or a private road when the arm signal
8 device specified in IC 9-21-12-13 is in the device's extended position
9 commits a Class A misdemeanor. However, the offense is a Level 6
10 felony if it causes bodily injury to a person, and a Level 5 felony if it
11 causes the death of a person.
12 (c) If an offense under subsection (a) results in damage to the
13 property of another person, it is a Class B misdemeanor and the court
14 may recommend the suspension of the current driving license, driving
15 card, or driving card learner's permit of the person convicted of the
16 offense described in subsection (a) for a fixed period of not more than
17 one (1) year.
18 (d) If an offense under subsection (a) causes bodily injury to a
19 person, the court may recommend the suspension of the driving
20 privileges of the person convicted of the offense described in this
21 subsection for a fixed period of not more than one (1) year.
22 (e) In addition to any other penalty imposed under subsection (b),
23 the court may suspend the person's driving privileges:
24 (1) for ninety (90) days; or
25 (2) if the person has committed at least one (1) previous offense
26 under this section or IC 9-21-12-1, for one (1) year.
27 SECTION 13. IC 9-21-11-12, AS AMENDED BY P.L.111-2021,
28 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]: Sec. 12. A motor driven cycle may not be operated
30 under any of the following conditions:
31 (1) By an individual less than fifteen (15) years of age.
32 (2) By an individual who does not have:
33 (A) an unexpired identification card with a motor driven cycle
34 endorsement issued to the individual by the bureau under
35 IC 9-24-16;
36 (B) a valid driver's license or driving card; or
37 (C) a valid learner's permit or driving card learner's permit.
38 (3) On an interstate highway or a sidewalk.
39 (4) At a speed greater than thirty-five (35) miles per hour.
40 (5) The vehicle has not been registered as a motor driven cycle.
41 SECTION 14. IC 9-24-1-1, AS AMENDED BY P.L.111-2021,
42 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2022	IN 200—LS 6329/DI 139 9
1 JULY 1, 2022]: Sec. 1. (a) Except as provided in section 7 of this
2 chapter, an individual must have a valid:
3 (1) driver's license; or
4 (2) permit;
5 including any necessary endorsements, issued to the individual by the
6 bureau to operate upon a highway the type of motor vehicle for which
7 the driver's license, endorsement, or permit was issued.
8 (b) An individual must have:
9 (1) an unexpired identification card with a motor driven cycle
10 endorsement issued to the individual by the bureau under
11 IC 9-24-16;
12 (2) a valid driver's license or driving card; or
13 (3) a valid learner's permit or driving card learner's permit;
14 to operate a motor driven cycle upon a highway.
15 (c) An individual who violates this section commits a Class C
16 infraction.
17 SECTION 15. IC 9-24-2-1, AS AMENDED BY P.L.111-2021,
18 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 1. (a) The bureau shall suspend the driving
20 privileges or invalidate the learner's permit or driving card learner's
21 permit of an individual who is at least fifteen (15) years of age and less
22 than eighteen (18) years of age and meets any of the following
23 conditions:
24 (1) Is a habitual truant under IC 20-33-2-11.
25 (2) Is under at least a second suspension from school for the
26 school year under IC 20-33-8-14 or IC 20-33-8-15.
27 (3) Is under an expulsion from school under IC 20-33-8-14,
28 IC 20-33-8-15, or IC 20-33-8-16.
29 (4) Is considered a dropout under IC 20-33-2-28.5.
30 (b) At least five (5) days before holding an exit interview under
31 IC 20-33-2-28.5, the school corporation shall give notice by certified
32 mail or personal delivery to the student, the student's parent, or the
33 student's guardian that the student's failure to attend an exit interview
34 under IC 20-33-2-28.5 or return to school if the student does not meet
35 the requirements to withdraw from school under IC 20-33-2-28.5 may
36 result in the revocation or denial of the student's:
37 (1) driver's license, or learner's permit, driving card, or driving
38 card learner's permit; and
39 (2) employment certificate issued under IC 22-2-18 (before its
40 expiration on June 30, 2021).
41 SECTION 16. IC 9-24-2-2, AS AMENDED BY P.L.125-2012,
42 SECTION 167, IS AMENDED TO READ AS FOLLOWS
2022	IN 200—LS 6329/DI 139 10
1 [EFFECTIVE JULY 1, 2022]: Sec. 2. The bureau shall suspend the
2 driving privileges or invalidate the learner's permit or driving card
3 learner's permit of an individual less than eighteen (18) years of age
4 who is under an order entered by a juvenile court under IC 31-37-19-13
5 through IC 31-37-19-17 (or IC 31-6-4-15.9(d), IC 31-6-4-15.9(e), or
6 IC 31-6-4-15.9(f) before their repeal).
7 SECTION 17. IC 9-24-2-2.5, AS AMENDED BY P.L.257-2017,
8 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2022]: Sec. 2.5. (a) The bureau shall suspend the driving
10 privileges or invalidate the learner's permit or driving card learner's
11 permit of an individual who is under an order entered by a court under
12 IC 35-43-1-2(d).
13 (b) The bureau shall suspend the driving privileges or invalidate the
14 learner's permit or driving card learner's permit of an individual who
15 is the subject of an order issued under IC 31-37-19-17 (or
16 IC 31-6-4-15.9(f) before its repeal) or IC 35-43-1-2(d).
17 SECTION 18. IC 9-24-2-3, AS AMENDED BY P.L.198-2016,
18 SECTION 424, IS AMENDED TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The bureau may not issue a
20 driver's license, or driving card, learner's permit, or driving card
21 learner's permit or grant driving privileges to the following
22 individuals:
23 (1) An individual whose driving privileges have been suspended,
24 during the period for which the driving privileges are suspended,
25 or to an individual whose driver's license or driving card has
26 been revoked, until the time the bureau is authorized under
27 Indiana law to issue the individual a new driver's license or
28 driving card.
29 (2) An individual whose learner's permit or driving card
30 learner's permit has been suspended or revoked until the time
31 the bureau is authorized under Indiana law to issue the individual
32 a new learner's permit or driving card learner's permit.
33 (3) An individual who, in the opinion of the bureau, is afflicted
34 with or suffering from a physical or mental disability or disease
35 that prevents the individual from exercising reasonable and
36 ordinary control over a motor vehicle while operating the motor
37 vehicle on a highway.
38 (4) An individual who is unable to understand highway warnings
39 or direction signs written in the English language.
40 (5) An individual who is required under this article to take an
41 examination unless:
42 (A) the individual successfully passes the examination; or
2022	IN 200—LS 6329/DI 139 11
1 (B) the bureau waives the examination requirement.
2 (6) An individual who is required under IC 9-25 or any other
3 statute to deposit or provide proof of financial responsibility and
4 who has not deposited or provided that proof.
5 (7) An individual when the bureau has good cause to believe that
6 the operation of a motor vehicle on a highway by the individual
7 would be inimical to public safety or welfare.
8 (8) An individual who is the subject of an order issued by:
9 (A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13,
10 IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or
11 (B) the Title IV-D agency;
12 ordering that a driver's license or permit not be issued to the
13 individual.
14 (9) This subdivision does not apply to a driving card or
15 driving card learner's permit and any driving privileges
16 authorized by a driving card or driving card learner's permit.
17 An individual who has not presented valid documentary evidence
18 to the bureau of the individual's legal status in the United States,
19 as required by IC 9-24-9-2.5.
20 (10) An individual who does not otherwise satisfy the
21 requirements of this article.
22 (b) An individual subject to epileptic seizures may not be denied a
23 driver's license or permit under this section if the individual presents
24 a statement from a licensed physician, on a form prescribed by the
25 bureau, that the individual is under medication and is free from
26 seizures while under medication.
27 SECTION 19. IC 9-24-2-4, AS AMENDED BY P.L.111-2021,
28 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]: Sec. 4. (a) If an individual is at least fifteen (15) years
30 of age and less than eighteen (18) years of age and is a habitual truant,
31 is under a suspension or an expulsion, or has withdrawn from school as
32 described in section 1 of this chapter, the bureau shall, upon
33 notification by an authorized representative of the individual's school
34 corporation, suspend the individual's driving privileges until the
35 earliest of the following:
36 (1) The individual becomes eighteen (18) years of age.
37 (2) One hundred twenty (120) days after the individual is
38 suspended.
39 (3) The suspension, expulsion, or exclusion is reversed after the
40 individual has had a hearing under IC 20-33-8.
41 (b) The bureau shall promptly mail a notice to the individual's last
42 known address that states the following:
2022	IN 200—LS 6329/DI 139 12
1 (1) That the individual's driving privileges will be suspended for
2 a specified period commencing five (5) days after the date of the
3 notice.
4 (2) That the individual has the right to appeal the suspension of
5 the driving privileges.
6 (c) If an aggrieved individual believes that:
7 (1) the information provided was technically incorrect; or
8 (2) the bureau committed a technical or procedural error;
9 the aggrieved individual may appeal the invalidation of a driver's
10 license or driving card under section 5 of this chapter.
11 (d) If an individual satisfies the conditions for reinstatement of a
12 driver's license the individual's driving privileges under this section,
13 the individual may submit to the bureau for review the necessary
14 information certifying that at least one (1) of the events described in
15 subsection (a) has occurred.
16 (e) Upon reviewing and certifying the information received under
17 subsection (d), the bureau shall reinstate the individual's driving
18 privileges.
19 (f) An individual may not operate a motor vehicle in violation of this
20 section.
21 (g) An individual whose driving privileges are suspended under this
22 section is eligible to apply for specialized driving privileges under
23 IC 9-30-16.
24 (h) The bureau shall reinstate the driving privileges of an individual
25 whose driving privileges were suspended under this section if the
26 individual does the following:
27 (1) Establishes to the satisfaction of the principal of the school
28 where the action occurred that caused the suspension of the
29 driving privileges that the individual has:
30 (A) enrolled in a full-time or part-time program of education;
31 and
32 (B) participated for thirty (30) or more days in the program of
33 education.
34 (2) Submits to the bureau a form developed by the bureau that
35 contains:
36 (A) the verified signature of the principal or the president of
37 the governing body of the school described in subdivision (1);
38 and
39 (B) notification to the bureau that the person has complied
40 with subdivision (1).
41 An individual may appeal the decision of a principal under subdivision
42 (1) to the governing body of the school corporation where the
2022	IN 200—LS 6329/DI 139 13
1 principal's school is located.
2 SECTION 20. IC 9-24-3-1, AS AMENDED BY P.L.111-2021,
3 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 1. (a) Except as otherwise provided in this article,
5 the bureau shall issue a driver's license to an individual who meets the
6 following conditions:
7 (1) Satisfies the age requirements set forth in section 2.5 of this
8 chapter.
9 (2) Makes proper application to the bureau under IC 9-24-9 upon
10 a form prescribed by the bureau. The form must include an
11 attestation concerning the number of hours of supervised driving
12 practice that the individual has completed if the individual is
13 required under section 2.5 of this chapter to complete a certain
14 number of hours of supervised driving practice in order to receive
15 a driver's license. The:
16 (A) parent or guardian of an applicant less than eighteen (18)
17 years of age; or
18 (B) applicant, if the applicant is at least eighteen (18) years of
19 age;
20 shall attest in writing under penalty of perjury to the time logged
21 in practice driving.
22 (3) Satisfactorily passes the examination and tests required for
23 issuance of a driver's license under IC 9-24-10.
24 (4) Except as provided in subsection (e), (f), pays the following
25 applicable fee:
26 (A) For an individual who is less than seventy-five (75) years
27 of age, seventeen dollars and fifty cents ($17.50).
28 (B) For an individual who is at least seventy-five (75) years of
29 age but less than eighty-five (85) years of age, eleven dollars
30 ($11).
31 (C) For an individual who is at least eighty-five (85) years of
32 age, seven dollars ($7).
33 (b) The bureau shall issue a driving card to an individual who:
34 (1) meets the criteria described in IC 9-24-3.5; and
35 (2) except as provided in subsection (f), pays the applicable fee
36 as follows:
37 (A) For an individual who is less than seventy-five (75)
38 years of age, seventeen dollars and fifty cents ($17.50).
39 (B) For an individual who is at least seventy-five (75) years
40 of age but less than eighty-five (85) years of age, eleven
41 dollars ($11).
42 (C) For an individual who is at least eighty-five (85) years
2022	IN 200—LS 6329/DI 139 14
1 of age, seven dollars ($7).
2 (b) (c) A fee described in subsection (a)(4)(A) or (b)(2)(A) shall be
3 distributed as follows:
4 (1) Fifty cents ($0.50) to the state motor vehicle technology fund.
5 (2) Two dollars ($2) to the crossroads 2000 fund.
6 (3) Four dollars and fifty cents ($4.50) to the motor vehicle
7 highway account.
8 (4) One dollar and twenty-five cents ($1.25) to the integrated
9 public safety communications fund.
10 (5) Nine dollars and twenty-five cents ($9.25) to the commission
11 fund.
12 (c) (d) A fee described in subsection (a)(4)(B) or (b)(2)(B) shall be
13 distributed as follows:
14 (1) Fifty cents ($0.50) to the state motor vehicle technology fund.
15 (2) One dollar and fifty cents ($1.50) to the crossroads 2000 fund.
16 (3) Three dollars ($3) to the motor vehicle highway account.
17 (4) One dollar and twenty-five cents ($1.25) to the integrated
18 public safety communications fund.
19 (5) Four dollars and seventy-five cents ($4.75) to the commission
20 fund.
21 (d) (e) A fee described in subsection (a)(4)(C) or (b)(2)(C) shall be
22 distributed as follows:
23 (1) Fifty cents ($0.50) to the state motor vehicle technology fund.
24 (2) One dollar ($1) to the crossroads 2000 fund.
25 (3) Two dollars ($2) to the motor vehicle highway account.
26 (4) One dollar and twenty-five cents ($1.25) to the integrated
27 public safety communications fund.
28 (5) Two dollars and twenty-five cents ($2.25) to the commission
29 fund.
30 (e) (f) A fee described in subsection (a)(4) or (b)(2) may not be
31 charged to an individual who:
32 (1) is under the care and supervision of the department of child
33 services; or
34 (2) represents, pursuant to IC 31-36-3-4(b), a homeless youth (as
35 defined in IC 31-36-3-4) and presents a fee and consent waiver
36 affidavit described in IC 31-36-3-4(c);
37 and meets all other requirements for a driver's license or driving card
38 under this article.
39 SECTION 21. IC 9-24-3.5 IS ADDED TO THE INDIANA CODE
40 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]:
42 Chapter 3.5. Driving Card
2022	IN 200—LS 6329/DI 139 15
1 Sec. 1. An individual who is unable to present the valid
2 documentary evidence required by IC 9-24-9-2.5 may apply to the
3 bureau for a driving card.
4 Sec. 2. The bureau shall issue a driving card to an individual
5 who meets the following conditions:
6 (1) Satisfies the age requirements set forth in section 3 of this
7 chapter.
8 (2) Makes proper application to the bureau under IC 9-24-9
9 upon a form prescribed by the bureau. The form must include
10 an attestation concerning the number of hours of supervised
11 driving practice that the individual has completed if the
12 individual is required under section 3 of this chapter to
13 complete a certain number of hours of supervised driving
14 practice in order to receive a driving card. The:
15 (A) parent or guardian of an applicant less than eighteen
16 (18) years of age; or
17 (B) applicant, if the applicant is at least eighteen (18) years
18 of age;
19 shall attest in writing under penalty of perjury to the time
20 logged in practice driving.
21 (3) Satisfactorily passes the examination and tests required
22 for issuance of a driving card under IC 9-24-10.
23 (4) Pays the fee prescribed by IC 9-24-3-1(b).
24 Sec. 3. (a) An individual must satisfy the requirements set forth
25 in one (1) of the following subdivisions to receive a driving card:
26 (1) The individual meets the following conditions:
27 (A) Is at least sixteen (16) years and ninety (90) days of age.
28 (B) Has held a valid driving card learner's permit for at
29 least one hundred eighty (180) days.
30 (C) Obtains an instructor's certification that the individual
31 has satisfactorily completed an approved driver education
32 course.
33 (D) Passes the required examinations.
34 (E) Completes at least fifty (50) hours of supervised driving
35 practice, of which at least ten (10) hours are nighttime
36 driving, as provided in subsection (b).
37 (2) The individual meets the following conditions:
38 (A) Is at least sixteen (16) years and two hundred seventy
39 (270) days of age.
40 (B) Has held a valid driving card learner's permit for at
41 least one hundred eighty (180) days.
42 (C) Passes the required examinations.
2022	IN 200—LS 6329/DI 139 16
1 (D) Completes at least fifty (50) hours of supervised
2 driving practice, of which at least ten (10) hours are
3 nighttime driving, as provided in subsection (b).
4 (3) The individual meets the following conditions:
5 (A) Is at least sixteen (16) years and one hundred eighty
6 (180) days of age but less than eighteen (18) years of age.
7 (B) Has previously been a nonresident of Indiana, but at
8 the time of application, qualifies as an Indiana resident.
9 (C) Has held for at least one hundred eighty (180) days a
10 valid driver's license, excluding a learner's permit or the
11 equivalent, in the state or a combination of states in which
12 the individual formerly resided.
13 (D) Passes the required examinations.
14 (4) The individual meets the following conditions:
15 (A) Is at least eighteen (18) years of age.
16 (B) Has previously been a nonresident of Indiana, but at
17 the time of application, qualifies as an Indiana resident.
18 (C) Held a valid driver's license, excluding a learner's
19 permit or the equivalent, from the state of prior residence.
20 (D) Passes the required examinations.
21 (5) The individual meets the following conditions:
22 (A) Is at least eighteen (18) years of age.
23 (B) Is a person with a disability.
24 (C) Has successfully completed driver rehabilitation
25 training by a certified driver rehabilitation specialist
26 recognized by the bureau.
27 (D) Passes the required examinations.
28 (b) An applicant who is required to complete at least fifty (50)
29 hours of supervised driving under subsection (a)(1)(E) or (a)(2)(D)
30 must do the following:
31 (1) If the applicant is less than eighteen (18) years of age,
32 complete the practice driving with:
33 (A) a licensed driver, with valid driving privileges, who is:
34 (i) at least twenty-five (25) years of age; and
35 (ii) related to the applicant by blood, marriage, or legal
36 status;
37 (B) the spouse of the applicant who is:
38 (i) a licensed driver with valid driving privileges; and
39 (ii) at least twenty-one (21) years of age; or
40 (C) an individual with valid driving privileges who:
41 (i) is licensed as a driver education instructor under
42 IC 9-27-6-8 and is working under the direction of a
2022	IN 200—LS 6329/DI 139 17
1 driver training school described in IC 9-27-6-3(a)(2); or
2 (ii) is a certified driver rehabilitation specialist
3 recognized by the bureau who is employed through a
4 driver rehabilitation program.
5 (2) If the applicant is at least eighteen (18) years of age,
6 complete the driving practice with:
7 (A) a licensed driver, with valid driving privileges, who is
8 at least twenty-five (25) years of age; or
9 (B) the spouse of the applicant who is:
10 (i) a licensed driver with valid driving privileges; and
11 (ii) at least twenty-one (21) years of age.
12 (3) If the applicant is less than eighteen (18) years of age and
13 is under the care and supervision of the department of child
14 services, complete the driving practice with:
15 (A) a licensed driver with valid driving privileges who is:
16 (i) at least twenty-five (25) years of age; and
17 (ii) related to the applicant by blood, marriage, or legal
18 status;
19 (B) a licensed driver with valid driving privileges who is:
20 (i) at least twenty-five (25) years of age; and
21 (ii) approved by the department of child services; or
22 (C) an individual with valid driving privileges who is:
23 (i) licensed as a driver education instructor under
24 IC 9-27-6-8 and is working under the direction of a
25 driver training school described in IC 9-27-6-3(a)(2); or
26 (ii) a certified driver rehabilitation specialist recognized
27 by the bureau who is employed through a driver
28 rehabilitation program.
29 (4) Submit to the commission under IC 9-24-9-2(c) evidence
30 of the time logged in practice driving.
31 (c) The bureau may waive:
32 (1) up to six (6) months of the age requirement;
33 (2) any of the experience or practice and driving
34 requirements; or
35 (3) the requirements described in both subdivisions (1) and
36 (2);
37 for an individual making an application for the individual's driving
38 card due to hardship conditions.
39 Sec. 4. In addition to applicable fees collected under
40 IC 9-24-3-1(b) for a driving card, the bureau shall collect a
41 supplemental fee of fifty dollars ($50) for an individual to obtain a
42 driving card.
2022	IN 200—LS 6329/DI 139 18
1 Sec. 5. A driving card must include a statement on the face of
2 the card that indicates that the driving card may not be accepted
3 by any federal agency for federal identification or any other
4 federal purpose.
5 Sec. 6. A driving card allows the holder to operate a passenger
6 motor vehicle or a truck with a declared gross weight equal to or
7 less than eleven thousand (11,000) pounds.
8 Sec. 7. An individual who holds a driving card and operates a
9 motor vehicle shall verify that financial responsibility on any
10 motor vehicle that the holder operates is continuously maintained
11 in the amounts required by IC 9-25-4.
12 Sec. 8. (a) The bureau may impose an additional fee of
13 twenty-five dollars ($25) if the bureau processes a credential
14 application under this chapter in a period of time that is shorter
15 than the normal processing period. The bureau shall deposit the fee
16 in the commission fund.
17 (b) A fee imposed under this section is in addition to any other
18 fee imposed under this chapter.
19 Sec. 9. The bureau shall adopt rules under IC 4-22-2 to
20 implement this chapter.
21 SECTION 22. IC 9-24-7-1, AS AMENDED BY P.L.155-2019,
22 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]: Sec. 1. (a) The bureau shall issue a learner's permit or
24 driving card learner's permit to an individual who satisfies the
25 following conditions:
26 (1) Makes a proper application in the form and manner prescribed
27 by the bureau.
28 (2) Except as provided in subsection (d), (e), pays a fee under
29 subsection (b) (c) or (c), (d), as applicable.
30 (3) If less than eighteen (18) years of age, is not ineligible under
31 IC 9-24-2-1.
32 (4) Has passed a written examination as required under
33 IC 9-24-10.
34 (5) Either:
35 (A) is at least sixteen (16) years of age; or
36 (B) if at least fifteen (15) years of age but less than sixteen
37 (16) years of age, is enrolled in an approved driver education
38 course.
39 (b) An individual who is unable to present the valid
40 documentary evidence required by IC 9-24-9-2.5 may apply for a
41 driving card learner's permit. A driving card learner's permit may
42 be used only as the basis to acquire a driving card under
2022	IN 200—LS 6329/DI 139 19
1 IC 9-24-3.5. A driving card learner's permit must include a
2 statement on the face of the card that indicates that the driving
3 card learner's permit may not be accepted by any federal agency
4 for federal identification or any other federal purpose. A driving
5 card learner's permit allows the holder to operate a passenger
6 motor vehicle or a truck with a declared gross weight equal to or
7 less than eleven thousand (11,000) pounds. An individual who holds
8 a driving card learner's permit and operates a motor vehicle shall
9 verify that financial responsibility on any motor vehicle that the
10 holder operates is continuously maintained in the amounts
11 required by IC 9-25-4.
12 (b) (c) The fee for a learner's permit issued before January 1, 2017,
13 is nine dollars and fifty cents ($9.50). The fee shall be distributed as
14 follows:
15 (1) Fifty cents ($0.50) to the motor vehicle highway account.
16 (2) Fifty cents ($0.50) to the state motor vehicle technology fund.
17 (3) Two dollars ($2) to the crossroads 2000 fund.
18 (4) One dollar and seventy-five cents ($1.75) to the integrated
19 public safety communications fund.
20 (5) Four dollars and seventy-five cents ($4.75) to the commission
21 fund.
22 (c) (d) The fee for a learner's permit issued after December 31,
23 2016, or a driving card learner's permit issued after June 30, 2022,
24 is nine dollars ($9). The fee shall be distributed as follows:
25 (1) Twenty-five cents ($0.25) to the motor vehicle highway
26 account.
27 (2) Fifty cents ($0.50) to the state motor vehicle technology fund.
28 (3) Two dollars ($2) to the crossroads 2000 fund.
29 (4) One dollar and twenty-five cents ($1.25) to the integrated
30 public safety communications fund.
31 (5) Five dollars ($5) to the commission fund.
32 (d) (e) A fee described in subsection (a) may not be charged to an
33 individual who:
34 (1) is under the care and supervision of the department of child
35 services; or
36 (2) represents, pursuant to IC 31-36-3-4(b), a homeless youth (as
37 defined in IC 31-36-3-4) and presents a fee and consent waiver
38 affidavit described in IC 31-36-3-4(c);
39 and meets all other requirements for a learner's permit or driving card
40 learner's permit under IC 9-24.
41 (f) In addition to the applicable fees charged under this section
42 for a driving card learner's permit, the bureau shall collect a
2022	IN 200—LS 6329/DI 139 20
1 supplemental fee of fifty dollars ($50) to obtain a driving card
2 learner's permit.
3 SECTION 23. IC 9-24-7-4, AS AMENDED BY P.L.111-2021,
4 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2022]: Sec. 4. (a) Except as provided in section 1(b) of this
6 chapter, a learner's permit authorizes the holder to operate a motor
7 vehicle, except a motorcycle or a commercial motor vehicle, upon a
8 highway under the following conditions:
9 (1) While the holder is participating in practice driving in an
10 approved driver education course and is accompanied in the front
11 seat of the motor vehicle by an individual with valid driving
12 privileges who:
13 (A) is licensed as a driver education instructor under
14 IC 9-27-6-8 and is working under the direction of a driver
15 training school described in IC 9-27-6-3(a)(2); or
16 (B) is a certified driver rehabilitation specialist recognized by
17 the bureau who is employed through a driver rehabilitation
18 program.
19 (2) While the holder is participating in practice driving after
20 having commenced an approved driver education course and is
21 accompanied in the front seat of the motor vehicle by an
22 individual with valid driving privileges who is at least:
23 (A) twenty-five (25) years of age and related to the applicant
24 by blood, marriage, or legal status; or
25 (B) if the licensed individual is the holder's spouse, twenty-one
26 (21) years of age.
27 (3) If the holder is not participating in an approved driver
28 education course, and is less than eighteen (18) years of age, the
29 holder may participate in practice driving if accompanied in the
30 front seat of the motor vehicle by an individual who is:
31 (A) a licensed driver, with valid driving privileges, who is:
32 (i) at least twenty-five (25) years of age; and
33 (ii) related to the applicant by blood, marriage, or legal
34 status;
35 (B) the spouse of the applicant who is:
36 (i) a licensed driver with valid driving privileges; and
37 (ii) at least twenty-one (21) years of age; or
38 (C) an individual with valid driving privileges who:
39 (i) is licensed as a driver education instructor under
40 IC 9-27-6-8 and is working under the direction of a driver
41 training school described in IC 9-27-6-3(a)(2); or
42 (ii) is a certified driver rehabilitation specialist recognized
2022	IN 200—LS 6329/DI 139 21
1 by the bureau who is employed through a driver
2 rehabilitation program.
3 (4) If the holder is not participating in an approved driver
4 education course, and is at least eighteen (18) years of age, the
5 holder may participate in practice driving if accompanied in the
6 front seat of the motor vehicle by an individual who is:
7 (A) a licensed driver, with valid driving privileges, who is at
8 least twenty-five (25) years of age; or
9 (B) the spouse of the applicant who is:
10 (i) a licensed driver with valid driving privileges; and
11 (ii) at least twenty-one (21) years of age.
12 (5) If the holder is less than eighteen (18) years of age and is
13 under the care and supervision of the department of child
14 services, the holder may participate in practice driving if
15 accompanied in the front seat of the motor vehicle by an
16 individual who is:
17 (A) a licensed driver with valid driving privileges who is:
18 (i) at least twenty-five (25) years of age; and
19 (ii) related to the applicant by blood, marriage, or legal
20 status;
21 (B) a licensed driver with valid driving privileges who is:
22 (i) at least twenty-five (25) years of age; and
23 (ii) approved by the department of child services; or
24 (C) an individual with valid driving privileges who is:
25 (i) licensed as a driver education instructor under
26 IC 9-27-6-8 and is working under the direction of a driver
27 training school described in IC 9-27-6-3(a)(2); or
28 (ii) a certified driver rehabilitation specialist recognized by
29 the bureau who is employed through a driver rehabilitation
30 program.
31 (b) A holder of a learner's permit or driving card learner's permit
32 may operate a motor driven cycle.
33 SECTION 24. IC 9-24-7-5, AS AMENDED BY P.L.111-2021,
34 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 5. (a) A holder of a learner's permit may take the
36 skills examination for a driver's license not later than the expiration
37 date of the learner's permit.
38 (b) A holder of a driving card learner's permit may take the
39 skills examination for a driving card not later than the expiration
40 date of the driving card learner's permit.
41 (c) A holder who does not pass the skills examination for:
42 (1) a driver's license; or
2022	IN 200—LS 6329/DI 139 22
1 (2) a driving card;
2 after a third attempt is not eligible to take the examination until two (2)
3 months after the date of the last failed examination.
4 SECTION 25. IC 9-24-7-7, AS AMENDED BY P.L.85-2013,
5 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2022]: Sec. 7. The bureau shall publish the following:
7 (1) An online driving guide that may be used by the holder of a
8 learner's permit or a driving card learner's permit and the
9 parent of the holder of a learner's permit or a driving card
10 learner's permit, if applicable.
11 (2) An online log that must be completed to show evidence of the
12 completion of the hours of supervised practice driving required
13 under IC 9-24-3-2.5(a)(1)(E), or IC 9-24-3-2.5(a)(2)(D),
14 IC 9-24-3.5-3(a)(1)(E), or IC 9-24-3.5-3(a)(2)(D), as
15 applicable.
16 SECTION 26. IC 9-24-9-2, AS AMENDED BY P.L.178-2019,
17 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b), each
19 application for a driver's license or permit under this chapter must
20 require the following information:
21 (1) The full legal name of the applicant.
22 (2) The applicant's date of birth.
23 (3) The gender of the applicant.
24 (4) The applicant's height, weight, hair color, and eye color.
25 (5) The address of the applicant.
26 (6) A:
27 (A) valid Social Security number; or
28 (B) verification of an applicant's:
29 (i) ineligibility to be issued a Social Security number; and
30 (ii) identity and lawful status;
31 unless the applicant is applying for a driving card under
32 IC 9-24-3.5 or a driving card learner's permit under
33 IC 9-24-7-1(b). An applicant for a driving card or driving
34 card learner's permit must submit a valid individual taxpayer
35 identification number for the applicant.
36 (7) Whether the applicant has been subject to fainting spells or
37 seizures.
38 (8) Whether the applicant has been issued a driver's license or has
39 been the holder of a permit, and if so, when and by what
40 jurisdiction.
41 (9) Whether the applicant's driver's license or permit has ever
42 been suspended or revoked, and if so, the date of and the reason
2022	IN 200—LS 6329/DI 139 23
1 for the suspension or revocation.
2 (10) Whether the applicant has been convicted of:
3 (A) a crime punishable as a felony under Indiana motor
4 vehicle law; or
5 (B) any other felony in the commission of which a motor
6 vehicle was used;
7 that has not been expunged by a court.
8 (11) Whether the applicant has a physical or mental disability,
9 and if so, the nature of the disability.
10 (12) The signature of the applicant showing the applicant's legal
11 name as it appears or will appear on the driver's license or permit.
12 (13) A digital photograph of the applicant.
13 (14) Any other information the bureau requires.
14 (b) For purposes of subsection (a), an individual certified as a
15 program participant in the address confidentiality program under
16 IC 5-26.5 is not required to provide the individual's address, but may
17 provide an address designated by the office of the attorney general
18 under IC 5-26.5 as the individual's address.
19 (c) In addition to the information required by subsection (a), an
20 applicant who is required to complete at least fifty (50) hours of
21 supervised practice driving under IC 9-24-3-2.5(a)(1)(E), or
22 IC 9-24-3-2.5(a)(2)(D), IC 9-24-3.5-3(a)(1)(E), or
23 IC 9-24-3.5-3(a)(2)(D) must submit to the bureau evidence of the time
24 logged in practice driving.
25 SECTION 27. IC 9-24-9-2.5, AS AMENDED BY P.L.198-2016,
26 SECTION 465, IS AMENDED TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2022]: Sec. 2.5. (a) Except as provided in
28 subsection (b), in addition to the information required from the
29 applicant for a driver's license or permit under sections 1 and 2 of this
30 chapter, the bureau shall require an applicant to present to the bureau
31 valid documentary evidence that the applicant:
32 (1) is a citizen or national of the United States;
33 (2) is an alien lawfully admitted for permanent residence in the
34 United States;
35 (3) has conditional permanent resident status in the United States;
36 (4) has an approved application for asylum in the United States or
37 has entered into the United States in refugee status;
38 (5) is an alien lawfully admitted for temporary residence in the
39 United States;
40 (6) has a valid unexpired nonimmigrant visa or nonimmigrant visa
41 status for entry into the United States;
42 (7) has a pending application for asylum in the United States;
2022	IN 200—LS 6329/DI 139 24
1 (8) has a pending or approved application for temporary protected
2 status in the United States;
3 (9) has approved deferred action status; or
4 (10) has a pending application for adjustment of status to that of
5 an alien lawfully admitted for permanent residence in the United
6 States or conditional permanent resident status in the United
7 States.
8 (b) An applicant for a driving card under IC 9-24-3.5 or a
9 driving card learner's permit under IC 9-24-7-1(b) who is unable
10 to provide the documentation required under subsection (a) must
11 provide to the bureau:
12 (1) documentation of residence in Indiana as required by rules
13 adopted by the bureau under IC 4-22-2 or emergency rules
14 adopted in the manner provided under IC 4-22-2-37.1; and
15 (2) documentation of identity, including:
16 (A) a certified copy of the individual's birth certificate;
17 (B) a foreign passport; or
18 (C) other documentation considered acceptable under
19 rules established by the bureau.
20 The bureau shall establish rules for the types of acceptable
21 documentation permitted under this subsection.
22 SECTION 28. IC 9-24-10-4, AS AMENDED BY P.L.111-2021,
23 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsection (c), an
25 examination for a learner's permit, or driver's license, driving card
26 learner's permit, or driving card must include the following:
27 (1) A test of the following of the applicant:
28 (A) Eyesight.
29 (B) Ability to read and understand highway signs regulating,
30 warning, and directing traffic.
31 (C) Knowledge of Indiana traffic laws, including IC 9-26-1-1.5
32 and IC 9-21-12-1.
33 (2) An actual demonstration of the applicant's skill in exercising
34 ordinary and reasonable control in the operation of a motor
35 vehicle under the type of permit or driver's license applied for.
36 (b) The examination may include further physical and mental
37 examination that the bureau finds necessary to determine the
38 applicant's fitness to operate a motor vehicle safely upon a highway.
39 The applicant must provide the motor vehicle used in the examination.
40 An autocycle may not be used as the motor vehicle provided for the
41 examination.
42 (c) The bureau may waive:
2022	IN 200—LS 6329/DI 139 25
1 (1) the testing required under subsection (a)(1)(A) if the applicant
2 provides evidence from a licensed ophthalmologist or licensed
3 optometrist that the applicant's vision is fit to operate a motor
4 vehicle in a manner that does not jeopardize the safety of
5 individuals or property;
6 (2) the actual demonstration required under subsection (a)(2) for
7 an individual who has passed:
8 (A) a driver's education class and a skills test given by a driver
9 training school;
10 (B) a driver education program given by an entity licensed
11 under IC 9-27; or
12 (C) a skills assessment conducted by a third party approved by
13 the bureau;
14 (3) the testing, other than eyesight testing under subsection
15 (a)(1)(A), of an applicant who has passed:
16 (A) an examination concerning:
17 (i) subsection (a)(1)(B); and
18 (ii) subsection (a)(1)(C); and
19 (B) a skills test;
20 given by a driver training school or an entity licensed under
21 IC 9-27; and
22 (4) the testing, other than the eyesight testing described in
23 subsection (a)(1)(A), of an applicant who:
24 (A) is at least eighteen (18) years of age;
25 (B) was previously a nonresident but now qualifies as an
26 Indiana resident at the time of application; and
27 (C) holds a valid driver's license, excluding a learner's permit
28 or its equivalent, from the applicant's state of prior residence.
29 (d) The following are not civilly or criminally liable for a report
30 made in good faith to the bureau, commission, or driver licensing
31 medical advisory board concerning the fitness of the applicant to
32 operate a motor vehicle in a manner that does not jeopardize the safety
33 of individuals or property:
34 (1) An instructor having a license under IC 9-27-6-8.
35 (2) A licensed ophthalmologist or licensed optometrist.
36 SECTION 29. IC 9-24-10-7, AS AMENDED BY P.L.111-2021,
37 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2022]: Sec. 7. (a) If the bureau has good cause to believe that
39 a licensed driver is:
40 (1) incompetent; or
41 (2) otherwise unfit to operate a motor vehicle;
42 the bureau may, upon written notice of at least five (5) days, require the
2022	IN 200—LS 6329/DI 139 26
1 licensed driver to submit to an examination, an investigation of the
2 driver's continued fitness to operate a motor vehicle safely, including
3 requesting medical information from the driver or the driver's health
4 care sources, or both an examination and an investigation.
5 (b) Upon the conclusion of all examinations and investigations of a
6 driver under this section, the bureau:
7 (1) shall take appropriate action; and
8 (2) may:
9 (A) suspend or revoke the driver's license, driving card, or
10 driving privileges of the licensed driver;
11 (B) permit the licensed driver to retain the driver's license,
12 driving card, or driving privileges of the licensed driver; or
13 (C) issue restricted driving privileges subject to restrictions the
14 bureau considers necessary in the interest of public safety.
15 (c) If a licensed driver refuses or neglects to submit to an
16 examination or investigation under this section, the bureau may
17 suspend or revoke the driver's license, driving card, or driving
18 privileges of the licensed driver. The bureau may not suspend or revoke
19 the driver's license, driving card, or driving privileges of the licensed
20 driver until a reasonable investigation of the driver's continued fitness
21 to operate a motor vehicle safely has been made by the bureau.
22 SECTION 30. IC 9-24-11-3.5, AS AMENDED BY P.L.147-2018,
23 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2022]: Sec. 3.5. (a) This section applies:
25 (1) to an individual who is less than twenty-one (21) years of age;
26 and
27 (2) during the one hundred eighty (180) day period after the
28 individual is issued a driver's license or driving card under this
29 article.
30 (b) An individual may not operate a motor vehicle:
31 (1) from 10 p.m. until 5 a.m. of the following morning, unless the
32 individual is:
33 (A) participating in, going to, or returning from:
34 (i) lawful employment;
35 (ii) a school sanctioned activity; or
36 (iii) a religious event; or
37 (B) accompanied in the front seat of the motor vehicle by a
38 licensed driver with valid driving privileges who is:
39 (i) at least twenty-five (25) years of age; or
40 (ii) if the licensed driver is the individual's spouse, at least
41 twenty-one (21) years of age; or
42 (2) in which there are passengers, unless:
2022	IN 200—LS 6329/DI 139 27
1 (A) each passenger in the motor vehicle is:
2 (i) a child or stepchild of the individual;
3 (ii) a sibling of the individual, including step or half
4 siblings;
5 (iii) the spouse of the individual;
6 (iv) a parent or legal guardian of the individual;
7 (v) a grandparent of the individual; or
8 (vi) any combination of individuals described in items (i)
9 through (v); or
10 (B) the individual is accompanied in the front seat of the motor
11 vehicle by a licensed driver with valid driving privileges who
12 is:
13 (i) at least twenty-five (25) years of age; or
14 (ii) if the licensed driver is the individual's spouse, at least
15 twenty-one (21) years of age.
16 SECTION 31. IC 9-24-11-4, AS AMENDED BY P.L.120-2020,
17 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 4. (a) This section does not apply to the
19 possession of a driving card or a driving card learner's permit.
20 (a) (b) Except as provided in subsection subsections (a) and (d),
21 (e), an individual may not hold or possess more than one (1) credential
22 at a time.
23 (b) (c) An individual may not hold or possess:
24 (1) a credential; and
25 (2) a driver's license or identification card issued by a government
26 authority that issues driver's licenses and identification cards from
27 another state, territory, federal district, commonwealth, or
28 possession of the United States.
29 (c) (d) An individual shall destroy or surrender to the bureau any
30 and all credentials, driver's licenses, or identification cards that would
31 cause the individual to violate subsection (a) or (b). (b) or (c).
32 (d) (e) An individual may hold both a credential in physical form
33 and in the form of a mobile credential issued under this article at the
34 same time.
35 (e) (f) An individual who violates this section commits a Class C
36 infraction.
37 (f) Notwithstanding the July 1, 2021, effective date in HEA
38 1506-2019, SECTION 48 (P.L.178-2019), this section takes effect July
39 1, 2020 (rather than July 1, 2021).
40 SECTION 32. IC 9-24-11-5, AS AMENDED BY P.L.120-2020,
41 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 5. (a) Except as provided in subsection (d), a
2022	IN 200—LS 6329/DI 139 28
1 learner's permit, or driver's license, driving card learner's permit, or
2 driving card issued under this article must contain the following
3 information:
4 (1) The full legal name of the permittee or licensee.
5 (2) The date of birth of the permittee or licensee.
6 (3) The address of the principal residence of the permittee or
7 licensee.
8 (4) The hair color and eye color of the permittee or licensee.
9 (5) The date of issue and expiration date of the permit or license.
10 (6) The gender of the permittee or licensee.
11 (7) The unique identifying number of the permit or license.
12 (8) The weight of the permittee or licensee.
13 (9) The height of the permittee or licensee.
14 (10) A reproduction of the signature of the permittee or licensee.
15 (11) If the permittee or licensee is less than eighteen (18) years of
16 age at the time of issuance, the dates, notated prominently, on
17 which the permittee or licensee will become:
18 (A) eighteen (18) years of age; and
19 (B) twenty-one (21) years of age.
20 (12) If the permittee or licensee is at least eighteen (18) years of
21 age but less than twenty-one (21) years of age at the time of
22 issuance, the date, notated prominently, on which the permittee or
23 licensee will become twenty-one (21) years of age.
24 (13) Except as provided in subsection (b), a digital photograph of
25 the permittee or licensee.
26 (b) The bureau may provide for the omission of a photograph or
27 computerized image from any driver's license, or learner's permit,
28 driving card, or driving card learner's permit if there is good cause
29 for the omission. However, a driver's license, or learner's permit,
30 driving card, or driving card learner's permit issued without a
31 digital photograph must include a statement that indicates that the
32 driver's license, or learner's permit, driving card, or driving card
33 learner's permit may not be accepted by a federal agency for federal
34 identification or any other federal purpose.
35 (c) A driver's license or learner's permit issued to an individual who:
36 (1) has a valid, unexpired nonimmigrant visa or has nonimmigrant
37 visa status for entry in the United States;
38 (2) has a pending application for asylum in the United States;
39 (3) has a pending or approved application for temporary protected
40 status in the United States;
41 (4) has approved deferred action status; or
42 (5) has a pending application for adjustment of status to that of an
2022	IN 200—LS 6329/DI 139 29
1 alien lawfully admitted for permanent residence in the United
2 States or conditional permanent residence status in the United
3 States;
4 must be clearly identified as a temporary driver's license or learner's
5 permit. A temporary driver's license or learner's permit issued under
6 this subsection may not be renewed without the presentation of valid
7 documentary evidence proving that the licensee's or permittee's
8 temporary status has been extended.
9 (d) For purposes of subsection (a), an individual certified as a
10 program participant in the address confidentiality program under
11 IC 5-26.5 is not required to provide the address of the individual's
12 principal residence, but may provide an address designated by the
13 office of the attorney general under IC 5-26.5 as the address of the
14 individual's principal residence.
15 (e) Notwithstanding the July 1, 2021, effective date in HEA
16 1506-2019, SECTION 49 (P.L.178-2019), this section takes effect July
17 1, 2020 (rather than July 1, 2021).
18 SECTION 33. IC 9-24-11-5.5, AS AMENDED BY P.L.120-2020,
19 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 5.5. (a) If an individual has:
21 (1) indicated on the application for a driver's license or learner's
22 permit that the individual is a veteran and wishes to have an
23 indication of the individual's veteran status appear on the driver's
24 license or learner's permit; and
25 (2) provided proof at the time of application of the individual's
26 veteran status;
27 an indication of the individual's veteran status shall be shown on the
28 driver's license or learner's permit.
29 (b) If an individual has:
30 (1) indicated on the individual's application for a driver's license
31 or learner's permit that the applicant:
32 (A) is a surviving spouse of a veteran; and
33 (B) wishes to have an indication of the applicant's status as a
34 surviving spouse of a veteran appear on the driver's license or
35 learner's permit; and
36 (2) provided the documentation necessary to verify that the
37 applicant was married, at the time of the decedent's death, to a
38 veteran;
39 an indication of the individual's status as a surviving spouse of a
40 veteran shall be shown on the driver's license or learner's permit.
41 (c) If an individual submits information concerning the individual's
42 medical condition in conjunction with the individual's application for
2022	IN 200—LS 6329/DI 139 30
1 a driver's license, or learner's permit, driving card, or driving card
2 learner's permit, the bureau shall place an identifying symbol in a
3 prominent location on a driver's license, or learner's permit, driving
4 card, or driving card learner's permit to indicate that the individual
5 has a medical condition of note. The bureau shall include information
6 on the individual's driver's license, or learner's permit, driving card, or
7 driving card learner's permit that briefly describes the individual's
8 medical condition. The information must be notated in a manner that
9 alerts an individual reading the driver's license, or learner's permit,
10 driving card, or driving card learner's permit to the existence of the
11 medical condition. The individual submitting the information
12 concerning the medical condition is responsible for its accuracy.
13 (d) Notwithstanding the July 1, 2021, effective date in HEA
14 1506-2019, SECTION 50 (P.L.178-2019), this section takes effect July
15 1, 2020 (rather than July 1, 2021).
16 SECTION 34. IC 9-24-11-7, AS AMENDED BY P.L.198-2016,
17 SECTION 486, IS AMENDED TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2022]: Sec. 7. The bureau, when issuing a
19 permit or driver's license, may, whenever good cause appears, impose
20 restrictions suitable to the licensee's or permittee's driving ability with
21 respect to the type of or special mechanical control devices required on
22 a motor vehicle that the licensee operates. The bureau may impose
23 other restrictions applicable to the licensee or permittee that the bureau
24 determines are appropriate to assure the safe operation of a motor
25 vehicle by the licensee or permittee, including a requirement to take
26 prescribed medication. When the restrictions are imposed, the bureau
27 may:
28 (1) issue either a special restricted license or a special restricted
29 permit; or shall
30 (2) set forth the restrictions upon the usual license or permit
31 form.
32 SECTION 35. IC 9-24-12-0.5, AS AMENDED BY P.L.198-2016,
33 SECTION 489, IS AMENDED TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2022]: Sec. 0.5. (a) A learner's permit expires
35 two (2) years after the date of issuance.
36 (b) A driving card learner's permit expires one (1) year after the
37 date of issuance.
38 (b) (c) A motorcycle permit expires one (1) year after the date of
39 issuance. A motorcycle permit may be renewed one (1) time for a
40 period of one (1) year. An individual who does not obtain a motorcycle
41 endorsement under IC 9-24-8.5 before the expiration of the renewed
42 motorcycle permit may not reapply for a new motorcycle permit for a
2022	IN 200—LS 6329/DI 139 31
1 period of one (1) year after the date of expiration of the renewed
2 motorcycle permit.
3 (c) (d) A commercial learner's permit expires one hundred eighty
4 (180) days after the date of issuance. The bureau may issue not more
5 than three (3) commercial learner's permits to an individual within a
6 twenty-four (24) month period.
7 (d) (e) The fee to renew a permit that expires under this section is
8 the applicable fee to issue the permit under this article.
9 SECTION 36. IC 9-24-12-1, AS AMENDED BY P.L.111-2021,
10 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 1. (a) Except as provided in sections 10 and 11 of
12 this chapter, a driver's license issued to an applicant who is at least
13 seventy-five (75) years of age expires at midnight of the birthday of the
14 holder that occurs three (3) years following the date of issuance.
15 (b) Except as provided in subsections (a) and (c) and sections 10
16 and 11 of this chapter, a driver's license issued under this article
17 expires at midnight of the birthday of the holder that occurs six (6)
18 years following the date of issuance.
19 (c) A driver's license issued to an individual who is less than
20 twenty-one (21) years of age expires at midnight of the date thirty (30)
21 days after the twenty-first birthday of the holder. However, if the
22 individual complies with IC 9-24-9-2.5(5) IC 9-24-9-2.5(a)(5) through
23 IC 9-24-9-2.5(9), IC 9-24-9-2.5(a)(9), the driver's license expires:
24 (1) at midnight one (1) year after issuance if there is no expiration
25 date on the authorization granted to the individual to remain in the
26 United States; or
27 (2) if there is an expiration date on the authorization granted to
28 the individual to remain in the United States, the earlier of the
29 following:
30 (A) At midnight of the date the authorization to remain in the
31 United States expires.
32 (B) At midnight of the date thirty (30) days after the
33 twenty-first birthday of the holder.
34 SECTION 37. IC 9-24-12-2.5 IS ADDED TO THE INDIANA
35 CODE AS A NEW SECTION TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2022]: Sec. 2.5. Except as provided in section
37 11 of this chapter, a driving card issued to an applicant expires at
38 midnight of the birthday of the holder that occurs one (1) year
39 following the date of issuance.
40 SECTION 38. IC 9-24-12-4, AS AMENDED BY P.L.111-2021,
41 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsections (c), and
2022	IN 200—LS 6329/DI 139 32
1 (d), and (e), the application for renewal of:
2 (1) a driver's license;
3 (2) a chauffeur's license (before the expiration of IC 9-24-4 on
4 July 1, 2024);
5 (3) a public passenger chauffeur's license (before the expiration
6 of IC 9-24-5 on July 1, 2022);
7 (4) an identification card; or
8 (5) a photo exempt identification card; or
9 (6) a driving card;
10 under this article may be filed not more than twenty-four (24) months
11 before the expiration date of the license, identification card, or photo
12 exempt identification card held by the applicant.
13 (b) Except as provided in subsections (c) and (d), an application for
14 the renewal of a learner's permit issued under this article may be filed
15 not more than thirty (30) days before the expiration of the learner's
16 permit.
17 (c) When the applicant complies with IC 9-24-9-2.5(5)
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),
19 an application for renewal of a driver's license in subsection (a)(1),
20 (a)(2), or (a)(3) may be filed not more than one (1) month before the
21 expiration date of the license held by the applicant.
22 (d) When the applicant complies with IC 9-24-16-3.5(1)(E) through
23 IC 9-24-16-3.5(1)(J), an application for renewal of an identification
24 card under subsection (a)(4) may be filed not more than one (1) month
25 before the expiration date of the identification card held by the
26 applicant.
27 (e) When the applicant complies with IC 9-24-9-2.5(b), an
28 application for renewal of a driving card under subsection (a)(6)
29 may be filed not more than one (1) month before the expiration
30 date of the driving card held by the applicant.
31 SECTION 39. IC 9-24-12-5, AS AMENDED BY P.L.111-2021,
32 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 5. (a) Except as provided in subsection (b), and
34 subject to subsection (d), an individual applying for renewal of a
35 driver's license (issued under IC 9-24-3), or a chauffeur's license, or a
36 public passenger chauffeur's license, or a driving card, including any
37 endorsements in effect with respect to the license or driving card,
38 must apply in person at a license branch and do the following:
39 (1) Pass an eyesight examination.
40 (2) Pass a written examination if:
41 (A) the applicant has at least six (6) active points on the
42 applicant's driving record maintained by the bureau;
2022	IN 200—LS 6329/DI 139 33
1 (B) the applicant has not reached the applicant's twenty-first
2 birthday and has active points on the applicant's driving record
3 maintained by the bureau; or
4 (C) the applicant is in possession of a driver's license or
5 driving card that is expired beyond one hundred eighty (180)
6 days.
7 (b) The holder of a driver's license (issued under IC 9-24-3), a
8 chauffeur's or a public passenger chauffeur's license, or a learner's
9 permit issued under IC 9-24-7 may renew the license, including any
10 endorsements in effect with respect to the license, by mail or by
11 electronic service, subject to the following conditions:
12 (1) A valid computerized image of the individual must exist
13 within the records of the bureau.
14 (2) The previous renewal of the individual's driver's license
15 (issued under IC 9-24-3), chauffeur's or public passenger
16 chauffeur's license, or a learner's permit issued under IC 9-24-7
17 must not have been by mail or by electronic service.
18 (3) The application for or previous renewal of the individual's
19 license or permit must have included a test of the individual's
20 eyesight approved by the bureau.
21 (4) If the individual were applying for the license or permit
22 renewal in person at a license branch, the individual would not be
23 required under subsection (a)(2) to submit to a written
24 examination.
25 (5) The individual must be a citizen of the United States, as
26 shown in the records of the bureau.
27 (6) There must not have been any change in the:
28 (A) address; or
29 (B) name;
30 of the individual since the issuance or previous renewal of the
31 individual's driver's license (issued under IC 9-24-3), chauffeur's
32 or public passenger chauffeur's license, or a learner's permit
33 issued under IC 9-24-7.
34 (7) The driver's license (issued under IC 9-24-3), chauffeur's or
35 public passenger chauffeur's license, or a learner's permit issued
36 under IC 9-24-7 of the individual must not be:
37 (A) suspended; or
38 (B) expired more than one hundred eighty (180) days;
39 at the time of the application for renewal.
40 (8) If the individual is seventy-five (75) years of age or older at
41 the time of the application for renewal, the individual must
42 provide proof, on a form approved by the bureau, that the
2022	IN 200—LS 6329/DI 139 34
1 individual has passed an eyesight examination within thirty (30)
2 days prior to the renewal application.
3 (c) An individual applying for the renewal of a driver's license
4 (issued under IC 9-24-3), a chauffeur's license, or a public passenger
5 chauffeur's license, or a learner's permit, a driving card, or a driving
6 card learner's permit issued under IC 9-24-7, including any
7 endorsements in effect with respect to the license, driving card, or
8 permit, must apply in person at a license branch under subsection (a)
9 if the individual is not entitled to apply by mail or by electronic service
10 under subsection (b).
11 (d) The bureau may not issue or renew a chauffeur's or a public
12 passenger chauffeur's license after December 31, 2016. If a holder of
13 a chauffeur's or a public passenger chauffeur's license applies after
14 December 31, 2016, for renewal of the chauffeur's or public passenger
15 chauffeur's license, the bureau shall issue to the holder a driver's
16 license under IC 9-24-3 with a for-hire endorsement if the holder:
17 (1) applies in a form and manner prescribed by the bureau; and
18 (2) satisfies the requirements for renewal of a driver's license
19 issued under IC 9-24-3, including the fee and examination
20 requirements under this section.
21 (e) An individual applying for the renewal of a driver's license
22 issued under IC 9-24-3 or driving card shall pay the following
23 applicable fee:
24 (1) If the individual is less than seventy-five (75) years of age,
25 seventeen dollars and fifty cents ($17.50). The fee shall be
26 distributed as follows:
27 (A) Fifty cents ($0.50) to the state motor vehicle technology
28 fund.
29 (B) Two dollars ($2) to the crossroads 2000 fund.
30 (C) Four dollars and fifty cents ($4.50) to the motor vehicle
31 highway account.
32 (D) One dollar and twenty-five cents ($1.25) to the integrated
33 public safety communications fund.
34 (E) Nine dollars and twenty-five cents ($9.25) to the
35 commission fund.
36 (2) If the individual is at least seventy-five (75) years of age and
37 less than eighty-five (85) years of age, eleven dollars ($11). The
38 fee shall be distributed as follows:
39 (A) Fifty cents ($0.50) to the state motor vehicle technology
40 fund.
41 (B) One dollar and fifty cents ($1.50) to the crossroads 2000
42 fund.
2022	IN 200—LS 6329/DI 139 35
1 (C) Three dollars ($3) to the motor vehicle highway account.
2 (D) One dollar and twenty-five cents ($1.25) to the integrated
3 public safety communications fund.
4 (E) Four dollars and seventy-five cents ($4.75) to the
5 commission fund.
6 (3) If the individual is at least eighty-five (85) years of age, seven
7 dollars ($7). The fee shall be distributed as follows:
8 (A) Fifty cents ($0.50) to the state motor vehicle technology
9 fund.
10 (B) One dollar ($1) to the crossroads 2000 fund.
11 (C) Two dollars ($2) to the motor vehicle highway account.
12 (D) One dollar and twenty-five cents ($1.25) to the integrated
13 public safety communications fund.
14 (E) Two dollars and twenty-five cents ($2.25) to the
15 commission fund.
16 A fee paid under this subsection after December 31, 2016, includes the
17 renewal of any endorsements that are in effect with respect to the
18 driver's license issued under IC 9-24-3 or driving card at the time of
19 renewal.
20 SECTION 40. IC 9-24-12-11, AS AMENDED BY P.L.198-2016,
21 SECTION 497, IS AMENDED TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2022]: Sec. 11. (a) This section applies to:
23 (1) a driver's license other than a commercial driver's license; and
24 (2) a driving card issued under IC 9-24-3.5.
25 (b) If the birthday of a holder on which the holder's driver's license
26 or driving card would otherwise expire falls on:
27 (1) Sunday;
28 (2) a legal holiday (as set forth in IC 1-1-9-1); or
29 (3) a weekday when all license branches in the county of
30 residence of the holder are closed;
31 the driver's license or driving card of the holder does not expire until
32 midnight of the first day after the birthday on which a license branch
33 is open for business in the county of residence of the holder.
34 (c) A driver's license issued to an applicant who complies with
35 IC 9-24-9-2.5(5) IC 9-24-9-2.5(a)(5) through IC 9-24-9-2.5(10)
36 IC 9-24-9-2.5(a)(10) expires:
37 (1) at midnight one (1) year after issuance if there is no expiration
38 date on the authorization granted to the individual to remain in the
39 United States; or
40 (2) if there is an expiration date on the authorization granted to
41 the individual to remain in the United States, the earlier of the
42 following:
2022	IN 200—LS 6329/DI 139 36
1 (A) At midnight of the date the authorization of the holder to
2 be a legal permanent resident or conditional resident alien of
3 the United States expires.
4 (B) At midnight of the birthday of the holder that occurs six
5 (6) years after the date of issuance.
6 SECTION 41. IC 9-24-12-13, AS ADDED BY P.L.198-2016,
7 SECTION 499, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2022]: Sec. 13. An individual who fails to
9 renew the individual's driver's license or driving card on or before the
10 driver's license expiration date of the driver's license or driving card
11 shall pay to the bureau an administrative penalty as follows:
12 (1) Before January 1, 2017, an administrative penalty of five
13 dollars ($5).
14 (2) After December 31, 2016, an administrative penalty of six
15 dollars ($6).
16 An administrative penalty shall be deposited in the commission fund.
17 SECTION 42. IC 9-24-13-1, AS AMENDED BY P.L.198-2016,
18 SECTION 500, IS AMENDED TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2022]: Sec. 1. An individual holding a driver's
20 license or driving card issued under this article may exercise the
21 privilege granted by the driver's license or driving card upon all
22 highways and is not required to obtain any other driver's license to
23 exercise the privilege by a county, municipal, or local board or by any
24 body having authority to adopt local police regulations.
25 SECTION 43. IC 9-24-14-3.5, AS AMENDED BY P.L.111-2021,
26 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2022]: Sec. 3.5. (a) An individual may apply for a
28 replacement driver's license or learner's permit by electronic service,
29 subject to the following conditions:
30 (1) A valid computerized image or digital photograph of the
31 individual must exist within the records of the bureau.
32 (2) The individual must be a citizen of the United States, as
33 shown in the records of the bureau.
34 (b) An individual applying for a replacement of a driver's license, or
35 a learner's permit, driving card, or driving card learner's permit
36 must apply in person at a license branch if the individual is not entitled
37 to apply by mail or by electronic service under subsection (a).
38 SECTION 44. IC 9-24-18-1, AS AMENDED BY P.L.111-2021,
39 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 1. (a) An individual, except an individual
41 exempted under IC 9-24-1-7, who knowingly or intentionally operates
42 a motor vehicle upon a highway and has never received a valid driver's
2022	IN 200—LS 6329/DI 139 37
1 license or driving card commits a Class C misdemeanor. However, the
2 offense is a Class A misdemeanor if the individual has a prior unrelated
3 conviction under this section.
4 (b) In a prosecution under this section, the burden is on the
5 defendant to prove by a preponderance of the evidence that the
6 defendant:
7 (1) had been issued a driver's license or permit that was valid; or
8 (2) was operating a motor driven cycle;
9 at the time of the alleged offense. However, it is not a defense under
10 subdivision (2) if the defendant was operating the motor driven cycle
11 in violation of IC 9-21-11-12.
12 SECTION 45. IC 9-24-18-6, AS AMENDED BY P.L.198-2016,
13 SECTION 530, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2022]: Sec. 6. In a proceeding to enforce
15 IC 9-24-1 requiring the operator of a motor vehicle to have a certain
16 type of driver's license or permit, the burden is on the defendant to
17 prove by a preponderance of the evidence that the defendant had been
18 issued the applicable driver's license or permit and that the driver's
19 license or permit was valid at the time of the alleged offense.
20 SECTION 46. IC 9-24-18-7.5, AS AMENDED BY P.L.198-2016,
21 SECTION 531, IS AMENDED TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2022]: Sec. 7.5. (a) A person that knowingly or
23 intentionally counterfeits or falsely reproduces a driver's license:
24 (1) with intent to use the driver's license; or
25 (2) to permit an individual to use the driver's license;
26 commits a Class B misdemeanor.
27 (b) A person that knowingly or intentionally counterfeits or
28 falsely reproduces a driving card:
29 (1) with intent to use the driving card; or
30 (2) to permit an individual to use the driving card;
31 commits a Class B misdemeanor.
32 SECTION 47. IC 9-24-18-9, AS AMENDED BY P.L.198-2016,
33 SECTION 532, IS AMENDED TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) The bureau may establish a
35 driving record for an Indiana resident who does not hold any type of
36 valid driving license or a driving card. The driving record shall be
37 established for an unlicensed driver when the bureau receives an
38 abstract of court conviction for the type of conviction that would appear
39 on an official driver's record.
40 (b) If an unlicensed driver applies for and receives any type of
41 driver's license or driving card in Indiana, the individual's driving
42 record as an unlicensed driver shall be recorded on the permanent
2022	IN 200—LS 6329/DI 139 38
1 record file.
2 (c) The bureau shall also certify traffic violation convictions on the
3 driving record of an unlicensed driver who subsequently receives an
4 Indiana driver's license or driving card.
5 (d) A driving record established under this section must include the
6 following:
7 (1) The individual's convictions for any of the following:
8 (A) A moving traffic violation.
9 (B) Operating a vehicle without financial responsibility in
10 violation of IC 9-25.
11 (2) Any administrative penalty imposed by the bureau.
12 (3) Any suspensions, revocations, or reinstatements of the
13 individual's driving privileges, license, or permit.
14 (4) If the driving privileges of the individual have been suspended
15 or revoked by the bureau, an entry in the record stating that a
16 notice of suspension or revocation was mailed to the individual by
17 the bureau and the date of the mailing of the notice.
18 (5) Any requirement that the individual may operate only a motor
19 vehicle equipped with a certified ignition interlock device.
20 A driving record may not contain voter registration information.
21 SECTION 48. IC 9-25-6-7, AS AMENDED BY P.L.125-2012,
22 SECTION 263, IS AMENDED TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2022]: Sec. 7. Except as provided in sections 5
24 and 6 of this chapter, a suspension required in sections 4 and 6 of this
25 chapter remains in effect and no other motor vehicle may be registered
26 in the name of the judgment debtor or a new license or driving card
27 issued to the judgment debtor, until the following occur:
28 (1) The judgment is satisfied or stayed.
29 (2) The judgment debtor gives proof of future financial
30 responsibility for three (3) years, as provided in this article.
31 SECTION 49. IC 9-25-6-15, AS AMENDED BY P.L.86-2021,
32 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 15. (a) Except as provided in subsection (e), an
34 individual:
35 (1) whose driving privileges are suspended under this article; and
36 (2) who seeks the reinstatement of the driving privileges;
37 must pay a reinstatement fee to the bureau as provided in subsection
38 (b).
39 (b) The reinstatement fee under subsection (a) is as follows:
40 (1) For a first suspension, two hundred fifty dollars ($250).
41 (2) For a second suspension, five hundred dollars ($500).
42 (3) For a third or subsequent suspension, one thousand dollars
2022	IN 200—LS 6329/DI 139 39
1 ($1,000).
2 (c) Each fee paid under this section or section 15.1 of this chapter
3 shall be deposited in the financial responsibility compliance
4 verification fund established by IC 9-25-9-7 as follows:
5 (1) Forty-eight percent (48%) of a fee paid after a first suspension.
6 (2) Thirty-nine percent (39%) of a fee paid after a second
7 suspension.
8 (3) Twenty-seven percent (27%) of a fee paid after a third or
9 subsequent suspension.
10 The remaining amount of each fee paid under this section or section
11 15.1 of this chapter must be deposited in the motor vehicle highway
12 account.
13 (d) If:
14 (1) a person's driving privileges are suspended for registering or
15 operating a vehicle in violation of IC 9-25-4-1;
16 (2) the person is required to pay a fee for the reinstatement of the
17 person's license or driving card under this section; and
18 (3) the person later establishes that the person did not register or
19 operate a vehicle in violation of IC 9-25-4-1;
20 the fee paid by the person under this section shall be refunded.
21 (e) An individual who has had a suspension imposed under this
22 article terminated by submitting proof of future financial responsibility
23 under IC 9-25-4-3, IC 9-25-5-1, or section 3(d) of this chapter for the
24 required time period is not required to pay a reinstatement fee under
25 this section in order to have his or her driving privileges reinstated.
26 SECTION 50. IC 9-25-7-3, AS AMENDED BY P.L.111-2021,
27 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 3. (a) The bureau shall, upon request, cancel a
29 bond or return a certificate of insurance, direct the treasurer of state to
30 return to the person entitled any money or securities deposited under
31 this article as proof of financial responsibility, or waive the requirement
32 of filing proof of financial responsibility in any of the following
33 circumstances:
34 (1) At any time after three (3) years from the date the proof was
35 required, if during the three (3) year period preceding the request
36 the person furnishing the proof has not been convicted of an
37 offense referred to in IC 9-30-4-6.1.
38 (2) If the person on whose behalf the proof was filed dies or the
39 person becomes permanently incapable of operating a motor
40 vehicle.
41 (3) If the person who has given proof of financial responsibility
42 surrenders the person's driver's license or driving card,
2022	IN 200—LS 6329/DI 139 40
1 registration certificates, and registration plates to the bureau. The
2 bureau may not release the proof if an action for damages upon a
3 liability referred to in this article is pending, a judgment upon a
4 liability is outstanding and unsatisfied, or the bureau has received
5 notice that the person has, within the period of three (3) months
6 immediately preceding, been involved as a driver in a motor
7 vehicle accident. An affidavit of the applicant of the nonexistence
8 of the facts referred to in this subdivision is sufficient evidence of
9 the nonexistence of the facts in the absence of evidence to the
10 contrary in the records of the department.
11 (b) Whenever a person to whom proof has been surrendered under
12 subsection (a)(3) applies for a driver's license (issued under IC 9-24-3),
13 or chauffeur's license, driving card, or the registration of a motor
14 vehicle within a period of three (3) years from the date the proof of
15 financial responsibility was originally required, the bureau shall reject
16 the application unless the applicant reestablishes the proof for the
17 remainder of the period.
18 SECTION 51. IC 9-25-7-6, AS AMENDED BY P.L.198-2016,
19 SECTION 546, IS AMENDED TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) This section does not apply
21 to an Indiana resident or an individual who operates a motor vehicle in
22 Indiana.
23 (b) Subject to subsection (c), an individual:
24 (1) whose driver's license, driving privileges, or registration was
25 suspended and who is required to prove financial responsibility
26 extending into the future in order to have the individual's driving
27 privileges reinstated; and
28 (2) who no longer operates a motor vehicle in Indiana and has
29 become a nonresident;
30 is not required to prove financial responsibility into the future in order
31 to have the individual's driver's license, driving privileges, or
32 registration temporarily reinstated to allow licensing or registration in
33 the other state or foreign jurisdiction.
34 (c) An individual described in subsection (b) who, during the three
35 (3) year period following the suspension described in subsection (b)(1):
36 (1) applies to the bureau for a driver's license or driving card; or
37 (2) registers a motor vehicle in Indiana;
38 must maintain proof of future financial responsibility for the unexpired
39 portion of the three (3) year period as required under this article.
40 SECTION 52. IC 9-26-1-1.1, AS AMENDED BY P.L.184-2019,
41 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 1.1. (a) The operator of a motor vehicle involved
2022	IN 200—LS 6329/DI 139 41
1 in an accident shall do the following:
2 (1) Except as provided in section 1.2 of this chapter, the operator
3 shall immediately stop the operator's motor vehicle:
4 (A) at the scene of the accident; or
5 (B) as close to the accident as possible;
6 in a manner that does not obstruct traffic more than is necessary.
7 (2) Remain at the scene of the accident until the operator does the
8 following:
9 (A) Gives the operator's name and address and the registration
10 number of the motor vehicle the operator was driving to any
11 person involved in the accident.
12 (B) Exhibits the operator's driver's license or driving card to
13 any person involved in the accident or occupant of or any
14 person attending to any vehicle involved in the accident.
15 (3) If the accident results in the injury or death of another person,
16 the operator shall, in addition to the requirements of subdivisions
17 (1) and (2):
18 (A) provide reasonable assistance to each person injured in or
19 entrapped by the accident, as directed by a law enforcement
20 officer, medical personnel, or a 911 telephone operator; and
21 (B) as soon as possible after the accident, immediately give
22 notice of the accident, or ensure that another person gives
23 notice of the accident, by the quickest means of
24 communication to one (1) of the following:
25 (i) The local police department, if the accident occurs within
26 a municipality.
27 (ii) The office of the county sheriff or the nearest state police
28 post, if the accident occurs outside a municipality.
29 (iii) A 911 telephone operator.
30 (4) If the accident involves a collision with an unattended vehicle
31 or damage to property other than a vehicle, the operator shall, in
32 addition to the requirements of subdivisions (1) and (2):
33 (A) take reasonable steps to locate and notify the owner or
34 person in charge of the damaged vehicle or property of the
35 damage; and
36 (B) if after reasonable inquiry the operator cannot find the
37 owner or person in charge of the damaged vehicle or property,
38 the operator must contact a law enforcement officer or agency
39 and provide the information required by this section.
40 (b) An operator of a motor vehicle who knowingly or intentionally
41 fails to comply with subsection (a) commits leaving the scene of an
42 accident, a Class B misdemeanor. However, the offense is:
2022	IN 200—LS 6329/DI 139 42
1 (1) a Class A misdemeanor if the accident results in bodily injury
2 to another person;
3 (2) a Level 6 felony if:
4 (A) the accident results in moderate or serious bodily injury to
5 another person; or
6 (B) within the five (5) years preceding the commission of the
7 offense, the operator had a previous conviction of any of the
8 offenses listed in IC 9-30-10-4(a);
9 (3) a Level 4 felony if the accident results in the death or
10 catastrophic injury of another person; and
11 (4) a Level 3 felony if the operator knowingly or intentionally
12 fails to stop or comply with subsection (a) during or after the
13 commission of the offense of operating while intoxicated causing
14 serious bodily injury (IC 9-30-5-4) or operating while intoxicated
15 causing death or catastrophic injury (IC 9-30-5-5).
16 (c) An operator of a motor vehicle who commits an offense under
17 subsection (b)(1), (b)(2), (b)(3), or (b)(4) commits a separate offense
18 for each person whose injury or death was a result of the accident.
19 (d) A court may order terms of imprisonment imposed on a person
20 convicted of more than one (1) offense described in subsection (b)(1),
21 (b)(2), (b)(3), or (b)(4) to run consecutively. Consecutive terms of
22 imprisonment imposed under this subsection are not subject to the
23 sentencing restrictions set forth in IC 35-50-1-2(c) through
24 IC 35-50-1-2(d).
25 SECTION 53. IC 9-26-1-1.5, AS AMENDED BY P.L.188-2015,
26 SECTION 100, IS AMENDED TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2022]: Sec. 1.5. (a) If:
28 (1) the operator of a motor vehicle is physically incapable of
29 determining the need for or rendering assistance to any injured or
30 entrapped person as required under section 1.1(a)(3) of this
31 chapter;
32 (2) there is another occupant in the motor vehicle at the time of
33 the accident who is:
34 (A) at least:
35 (i) fifteen (15) years of age and holds a learner's permit
36 issued under IC 9-24-7-1, or a driver's license issued under
37 IC 9-24-11, or a driving card issued under IC 9-24-3.5, or
38 a driving card learner's permit issued under
39 IC 9-24-7-1(b); or
40 (ii) eighteen (18) years of age; and
41 (B) capable of determining the need for and rendering
42 reasonable assistance to injured or entrapped persons as
2022	IN 200—LS 6329/DI 139 43
1 provided in section 1.1(a)(3) of this chapter; and
2 (3) the other occupant in the motor vehicle knows that the
3 operator of the motor vehicle is physically incapable of
4 determining the need for or rendering assistance to any injured or
5 entrapped person;
6 the motor vehicle occupant referred to in subdivisions (2) and (3) shall
7 immediately determine the need for and render reasonable assistance
8 to each person injured or entrapped in the accident as provided in
9 section 1.1(a)(3) of this chapter.
10 (b) If there is more than one (1) motor vehicle occupant to whom
11 subsection (a) applies, it is a defense to a prosecution of one (1) motor
12 vehicle occupant under subsection (a) that the defendant reasonably
13 believed that another occupant of the motor vehicle determined the
14 need for and rendered reasonable assistance as required under
15 subsection (a).
16 (c) A person who knowingly or intentionally violates this section
17 commits a Class C misdemeanor.
18 SECTION 54. IC 9-27-6-3, AS AMENDED BY P.L.92-2020,
19 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 3. (a) As used in this chapter, "driver training
21 school" means:
22 (1) a business enterprise that:
23 (A) is conducted by an individual, an association, a
24 partnership, a limited liability company, or a corporation for
25 the education and training of persons, practically or
26 theoretically, or both, to operate or drive motor vehicles or to
27 prepare an applicant for an examination or validation under
28 IC 9-24 for a driver's license or a driving card; and
29 (B) charges consideration or tuition for the provision of
30 services; or
31 (2) a driver education program operated under the authority of:
32 (A) a school corporation (as defined in IC 36-1-2-17);
33 (B) a state accredited nonpublic secondary school that
34 voluntarily becomes accredited under IC 20-31-4.1;
35 (C) a postsecondary proprietary educational institution (as
36 defined in IC 22-4.1-21-9);
37 (D) a postsecondary credit bearing proprietary educational
38 institution (as defined in IC 21-18.5-2-12);
39 (E) a state educational institution (as defined in
40 IC 21-7-13-32); or
41 (F) a nonaccredited nonpublic school.
42 (b) The term does not include a business enterprise that educates or
2022	IN 200—LS 6329/DI 139 44
1 trains a person or prepares a person for an examination or a validation
2 given by the bureau to operate or drive a motor vehicle as a vocation.
3 SECTION 55. IC 9-27-6-4, AS AMENDED BY P.L.85-2013,
4 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2022]: Sec. 4. As used in this chapter, "instructor" means the
6 following:
7 (1) An individual, whether acting as the operator of a driver
8 training school or on behalf of a driver training school, who for
9 compensation teaches, conducts classes for, gives demonstrations
10 to, or supervises the practice of individuals learning to operate or
11 drive motor vehicles or preparing to take an examination for a
12 driver's license or a driving card.
13 (2) An individual who supervises the work of an instructor.
14 (3) An individual licensed under IC 20-28-5-1.
15 (4) An individual under the authority of a postsecondary
16 proprietary educational institution (as defined in IC 22-4.1-21-9)
17 or a postsecondary credit bearing proprietary educational
18 institution (as defined in IC 21-18.5-2-12) who is teaching,
19 conducting classes for, giving demonstrations to, or supervising
20 the practice of individuals learning to operate or drive motor
21 vehicles or preparing to take an examination for a driver's license
22 or a driving card.
23 (5) An individual under the authority of a state educational
24 institution (as defined in IC 21-7-13-32) who is teaching,
25 conducting classes for, giving demonstrations to, or supervising
26 the practice of individuals learning to operate or drive motor
27 vehicles or preparing to take an examination for a driver's license
28 or a driving card.
29 SECTION 56. IC 9-27-6-5, AS AMENDED BY P.L.85-2013,
30 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2022]: Sec. 5. (a) As used in this section, "advisory board"
32 refers to the driver education advisory board established by subsection
33 (b).
34 (b) The driver education advisory board is established to advise the
35 commissioner in the administration of the policies of the commission
36 and the bureau regarding driver education.
37 (c) The advisory board is composed of seven (7) individuals
38 appointed by the commissioner as follows:
39 (1) Three (3) members must be driver education professionals
40 endorsed by the bureau under section 8 of this chapter. In the
41 selection of individuals for membership under this subdivision,
42 consideration must be given to driver education instruction
2022	IN 200—LS 6329/DI 139 45
1 performed in urban and rural areas.
2 (2) One (1) member must be a traffic safety advocate.
3 (3) One (1) member must be a representative of the bureau.
4 (4) One (1) member must be a representative of higher education.
5 (5) One (1) member must be a representative of the insurance
6 industry.
7 (d) A member of the advisory board serves a two (2) year term. A
8 member may not be appointed to more than two (2) consecutive full
9 terms. Each member serves until the member's successor is appointed
10 and qualified.
11 (e) A member of the advisory board may be removed for good
12 cause.
13 (f) A vacancy on the advisory board shall be filled by the
14 appointment by the commissioner of an individual to fill the position
15 to which the vacating member was appointed under subsection (c) for
16 the vacating member's unexpired term.
17 (g) The advisory board shall:
18 (1) consult with and advise the commissioner in the
19 administration of the policies of the commission and the bureau
20 regarding driver education; and
21 (2) suggest rules regarding the education and training of persons
22 to operate or drive motor vehicles or to prepare a person for an
23 examination or validation for a driver's license or a driving card.
24 (h) A member of the advisory board is not subject to liability in a
25 civil action for bodily injury or property damage arising from or
26 thought to have arisen from an action taken in good faith as a member
27 of the advisory board.
28 SECTION 57. IC 9-30-2-4 IS AMENDED TO READ AS
29 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) This section does
30 not apply to a person arrested for a misdemeanor under IC 9-30-5
31 (operating a vehicle while intoxicated).
32 (b) If a person is arrested for a misdemeanor under this title, the
33 arrested person shall be immediately taken before a court within the
34 county in which the offense charged is alleged to have been committed
35 and that has jurisdiction of the offense and is nearest or most accessible
36 to the place where the arrest is made in any of the following cases:
37 (1) When the person demands an immediate appearance before a
38 court.
39 (2) When the person is charged with an offense causing or
40 contributing to an accident resulting in injury to or death of a
41 person.
42 (3) When the person is charged with failure to stop for an accident
2022	IN 200—LS 6329/DI 139 46
1 causing death, personal injuries, or damage to property.
2 (4) When the person refuses to give the person's written promise
3 to appear in court.
4 (5) When the person is charged with driving while the person's
5 license or driving card is suspended or revoked.
6 SECTION 58. IC 9-30-3-15, AS AMENDED BY P.L.198-2016,
7 SECTION 595, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2022]: Sec. 15. In a proceeding, prosecution, or
9 hearing where the prosecuting attorney must prove that the defendant
10 had a prior conviction for an offense under this title, the relevant
11 portions of a certified computer printout or electronic copy made from
12 the records of the bureau are admissible as prima facie evidence of the
13 prior conviction. However, the prosecuting attorney must establish that
14 the document identifies the defendant by the defendant's driver's
15 license or driving card number or by any other identification method
16 utilized by the bureau.
17 SECTION 59. IC 9-30-4-6.1, AS ADDED BY P.L.198-2016,
18 SECTION 598, IS AMENDED TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2022]: Sec. 6.1. (a) The bureau shall suspend
20 or revoke the current driver's license, driving card, or driving
21 privileges and all certificates of registration and proof of registration
22 issued to or registered in the name of an individual who is convicted of
23 any of the following:
24 (1) Manslaughter or reckless homicide resulting from the
25 operation of a motor vehicle.
26 (2) Knowingly making a false application, or committing perjury
27 with respect to an application made, under:
28 (A) this chapter; or
29 (B) any other law requiring the registration of motor vehicles
30 or regulating motor vehicle operation on highways.
31 (3) Three (3) charges of criminal recklessness involving the use
32 of a motor vehicle within the preceding twelve (12) months.
33 (4) Failure to stop and give information or assistance or failure to
34 stop and disclose the individual's identity at the scene of an
35 accident that has resulted in death, personal injury, or property
36 damage in excess of two hundred dollars ($200).
37 However, and unless otherwise required by law, the bureau may not
38 suspend a certificate of registration or proof of registration if the
39 individual gives and maintains, during the three (3) years following the
40 date of suspension or revocation, proof of financial responsibility in the
41 future in the manner specified in this section.
42 (b) The bureau shall suspend a driver's license, driving card, or
2022	IN 200—LS 6329/DI 139 47
1 driving privileges of an individual upon conviction in another
2 jurisdiction for the following:
3 (1) Manslaughter or reckless homicide resulting from the
4 operation of a motor vehicle.
5 (2) Knowingly making a false application, or committing perjury
6 with respect to an application made, under:
7 (A) this chapter; or
8 (B) any other law requiring the registration of motor vehicles
9 or regulating motor vehicle operation on highways.
10 (3) Three (3) charges of criminal recklessness involving the use
11 of a motor vehicle within the preceding twelve (12) months.
12 (4) Failure to stop and give information or assistance or failure to
13 stop and disclose the individual's identity at the scene of an
14 accident that has resulted in death, personal injury, or property
15 damage in excess of two hundred dollars ($200).
16 However, if property damage under subdivision (4) is equal to or less
17 than two hundred dollars ($200), the bureau may determine whether
18 the driver's license, driving card, or driving privileges and certificates
19 of registration and proof of registration shall be suspended or revoked.
20 (c) An individual whose driving privileges are suspended under this
21 chapter is eligible for specialized driving privileges under IC 9-30-16.
22 (d) A suspension or revocation remains in effect and a new or
23 renewal license or driving card may not be issued to the individual
24 and a motor vehicle may not be registered in the name of the individual
25 as follows:
26 (1) Except as provided in subdivision (2), for six (6) months after
27 the date of conviction or on the date on which the individual is
28 otherwise eligible for a license or driving card, whichever is
29 later.
30 (2) Upon conviction of an offense described in subsection (a)(1),
31 (a)(4), (b)(1), or (b)(4), when the accident has resulted in death,
32 for a fixed period of at least two (2) years and not more than five
33 (5) years, to be fixed by the bureau based upon recommendation
34 of the court entering a conviction. A new or reinstated driver's
35 license, driving card, or driving privileges may not be issued to
36 the individual unless that individual, within the three (3) years
37 following the expiration of the suspension or revocation, gives
38 and maintains in force at all times during the effective period of
39 a new or reinstated license or driving card proof of financial
40 responsibility in the future in the manner specified in this chapter.
41 However, the liability of the insurance carrier under a motor
42 vehicle liability policy that is furnished for proof of financial
2022	IN 200—LS 6329/DI 139 48
1 responsibility in the future as set out in this chapter becomes
2 absolute whenever loss or damage covered by the policy occurs,
3 and the satisfaction by the insured of a final judgment for loss or
4 damage is not a condition precedent to the right or obligation of
5 the carrier to make payment on account of loss or damage, but the
6 insurance carrier has the right to settle a claim covered by the
7 policy. If the settlement is made in good faith, the amount must be
8 deducted from the limits of liability specified in the policy. A
9 policy may not be canceled or annulled with respect to a loss or
10 damage by an agreement between the carrier and the insured after
11 the insured has become responsible for the loss or damage, and a
12 cancellation or annulment is void. The policy may provide that
13 the insured or any other person covered by the policy shall
14 reimburse the insurance carrier for payment made on account of
15 any loss or damage claim or suit involving a breach of the terms,
16 provisions, or conditions of the policy. If the policy provides for
17 limits that exceed the limits specified in this chapter, the
18 insurance carrier may plead against any plaintiff, with respect to
19 the amount of the excess limits of liability, any defenses that the
20 carrier may be entitled to plead against the insured. The policy
21 may further provide for prorating of the insurance with other
22 applicable valid and collectible insurance. An action does not lie
23 against the insurance carrier by or on behalf of any claimant under
24 the policy until a final judgment has been obtained after actual
25 trial by or on behalf of any claimant under the policy.
26 (e) The bureau may take action as required in this section upon
27 receiving satisfactory evidence of a conviction of an individual in
28 another state.
29 (f) A suspension or revocation under this section or IC 9-30-13-0.5
30 stands pending appeal of the conviction to a higher court and may be
31 set aside or modified only upon the receipt by the bureau of the
32 certificate of the court reversing or modifying the judgment that the
33 cause has been reversed or modified. However, if the suspension or
34 revocation follows a conviction in a court of no record in Indiana, the
35 suspension or revocation is stayed pending appeal of the conviction to
36 a court of record.
37 (g) A person aggrieved by an order or act of the bureau under this
38 section or IC 9-30-13-0.5 may file a petition for a court review.
39 (h) An entry in the driving record of a defendant stating that notice
40 of suspension or revocation was mailed by the bureau to the defendant
41 constitutes prima facie evidence that the notice was mailed to the
42 defendant's address as shown in the records of the bureau.
2022	IN 200—LS 6329/DI 139 49
1 SECTION 60. IC 9-30-5-18, AS ADDED BY P.L.125-2012,
2 SECTION 342, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2022]: Sec. 18. (a) If:
4 (1) a criminal proceeding for driving while intoxicated under
5 IC 9-30-5 is deferred under IC 12-23-5-1 through IC 12-23-5-9;
6 or
7 (2) a child alleged to be a delinquent child based upon the child's
8 violation of IC 9-30-5 voluntarily attends or is ordered by the
9 court under IC 31-37 to attend an alcohol and drug services
10 program;
11 the court, within ten (10) days after the defendant or child begins the
12 program, shall forward to the bureau a certified abstract of program
13 enrollment.
14 (b) The abstract must state the following:
15 (1) The defendant's or child's name, address, date of birth, and
16 driver's license or driving card number.
17 (2) The name and location of the alcohol and drug services
18 program that the defendant or child is attending.
19 SECTION 61. IC 9-30-6-4.3, AS AMENDED BY P.L.13-2013,
20 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 4.3. (a) This section applies only to a person
22 whose motor vehicle has been seized under IC 34-24-1-1(a)(15).
23 (b) If the bureau receives an order from a court recommending that
24 the bureau not register a motor vehicle in the name of a person whose
25 motor vehicle has been seized under IC 34-24-1-1(a)(15), the bureau
26 may not register a motor vehicle in the name of the person whose motor
27 vehicle has been seized until the person proves that the person
28 possesses a driver's license or driving card with valid driving
29 privileges.
30 SECTION 62. IC 9-30-8-1, AS AMENDED BY P.L.188-2015,
31 SECTION 112, IS AMENDED TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2022]: Sec. 1. If a court orders the installation
33 of a certified ignition interlock device on a motor vehicle that a person
34 whose license or driving card is restricted owns or expects to operate,
35 the court shall set the time that the installation must remain in effect.
36 However, the term may not exceed the maximum term of imprisonment
37 the court could have imposed. The person shall pay the cost of
38 installation unless the sentencing court determines that the person is
39 indigent.
40 SECTION 63. IC 9-30-8-5 IS AMENDED TO READ AS
41 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a court orders a
42 person under IC 9-30-5-16 to operate only a vehicle that is equipped
2022	IN 200—LS 6329/DI 139 50
1 with an ignition interlock device, the bureau shall include that
2 condition when issuing a license or driving card.
3 SECTION 64. IC 9-30-9-5 IS AMENDED TO READ AS
4 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If the court enters
5 an order conditionally deferring charges under section 3 of this chapter,
6 the court may do the following:
7 (1) Suspend the person's driving privileges for at least two (2)
8 years but not more than four (4) years.
9 (2) Impose other appropriate conditions, including the payment of
10 fees imposed under section 8 of this chapter.
11 (b) Notwithstanding IC 9-30-6-9, the defendant may be granted
12 probationary driving privileges only after the defendant's license or
13 driving card has been suspended for at least one (1) year.
14 (c) The court may, as an alternative to a license or driving card
15 suspension under subsection (a)(1), issue an order prohibiting the
16 defendant from operating a motor vehicle unless the motor vehicle is
17 equipped with a functioning certified ignition interlock device under
18 IC 9-30-8. An order requiring an ignition interlock device must remain
19 in effect for at least two (2) years but not more than four (4) years.
20 SECTION 65. IC 9-30-9-7 IS AMENDED TO READ AS
21 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) If the court refers
22 a defendant to the program under section 6 of this chapter, the court
23 may do the following:
24 (1) Suspend the defendant's driving privileges for at least ninety
25 (90) days but not more than four (4) years.
26 (2) Impose other appropriate conditions.
27 (b) The defendant may be granted probationary driving privileges
28 only after the defendant's license or driving card has been suspended
29 for at least thirty (30) days under IC 9-30-6-9.
30 (c) The court may, as an alternative to a license or driving card
31 suspension under subsection (a)(1), issue an order prohibiting the
32 defendant from operating a motor vehicle unless the motor vehicle is
33 equipped with a functioning certified ignition interlock device under
34 IC 9-30-8. An order requiring an ignition interlock device must remain
35 in effect for at least two (2) years but not more than four (4) years.
36 SECTION 66. IC 9-30-13-0.5, AS AMENDED BY P.L.198-2016,
37 SECTION 604, IS AMENDED TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2022]: Sec. 0.5. (a) A court shall forward to the
39 bureau a certified abstract of the record of the conviction of a person
40 in the court for a violation of a law relating to motor vehicles.
41 (b) If in the opinion of the court a defendant should be deprived of
42 the privilege to operate a motor vehicle upon a public highway, the
2022	IN 200—LS 6329/DI 139 51
1 court may recommend the suspension of the convicted person's driving
2 privileges for a period that does not exceed the maximum period of
3 incarceration for the offense of which the person was convicted.
4 (c) The bureau shall comply with the court's recommendation.
5 (d) At the time of a conviction referred to in subsection (a) or under
6 IC 9-30-5-7, the court may obtain and destroy the defendant's current
7 driver's license or driving card.
8 (e) An abstract required by this section must be in the form
9 prescribed by the bureau and, when certified, shall be accepted by an
10 administrative agency or a court as prima facie evidence of the
11 conviction and all other action stated in the abstract.
12 SECTION 67. IC 9-30-13-8, AS AMENDED BY P.L.217-2014,
13 SECTION 152, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) Upon receiving an order
15 issued by a court under IC 35-43-4-8(b) concerning a person convicted
16 of fuel theft, the bureau shall do the following:
17 (1) Suspend under subsection (b) the driving privileges of the
18 person who is the subject of the order, whether or not the person's
19 current driver's license or driving card accompanies the order.
20 (2) Mail to the last known address of the person who is the subject
21 of the order a notice:
22 (A) stating that the person's driving privileges are being
23 suspended for fuel theft;
24 (B) setting forth the date on which the suspension takes effect
25 and the date on which the suspension terminates; and
26 (C) stating that the person may be granted specialized driving
27 privileges under IC 9-30-16 if the person meets the conditions
28 for obtaining specialized driving privileges.
29 (b) The suspension of the driving privileges of a person who is the
30 subject of an order issued under IC 35-43-4-8(b):
31 (1) begins five (5) business days after the date on which the
32 bureau mails the notice to the person under subsection (a)(2); and
33 (2) terminates thirty (30) days after the suspension begins.
34 (c) A person who operates a motor vehicle during a suspension of
35 the person's driving privileges under this section commits a Class A
36 infraction unless the person's operation of the motor vehicle is
37 authorized by specialized driving privileges granted to the person under
38 IC 9-30-16.
39 (d) The bureau shall, upon receiving a record of conviction of a
40 person upon a charge of driving a motor vehicle while the driving
41 privileges, permit, or license of the person is suspended, fix the period
42 of suspension in accordance with the order of the court.
2022	IN 200—LS 6329/DI 139 52
1 SECTION 68. IC 9-30-13-9, AS ADDED BY P.L.41-2016,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 9. (a) Upon receiving an order issued by a court
4 under IC 9-21-5-11(f) concerning a person who has committed the
5 infraction of violating a worksite speed limit for the second time within
6 one (1) year, the bureau shall do the following:
7 (1) Suspend under subsection (b) the driving privileges of the
8 person who is the subject of the order, whether or not the person's
9 current driver's license or driving card accompanies the order.
10 (2) Mail to the last known address of the person who is the subject
11 of the order a notice:
12 (A) stating that the person's driving privileges are being
13 suspended for a second or subsequent offense of exceeding a
14 worksite speed limit within one (1) year;
15 (B) setting forth the date on which the suspension takes effect
16 and the date on which the suspension terminates; and
17 (C) stating that the person may be granted specialized driving
18 privileges under IC 9-30-16 if the person meets the conditions
19 for obtaining specialized driving privileges.
20 (b) The suspension of the driving privileges of a person who is the
21 subject of an order issued under IC 9-21-5-11(f):
22 (1) begins five (5) business days after the date on which the
23 bureau mails the notice to the person under subsection (a)(2); and
24 (2) terminates sixty (60) days after the suspension begins.
25 (c) A person who operates a motor vehicle during a suspension of
26 the person's driving privileges under this section commits a Class A
27 infraction unless the person's operation of the motor vehicle is
28 authorized by specialized driving privileges granted to the person under
29 IC 9-30-16.
30 (d) The bureau shall, upon receiving a record of conviction of a
31 person upon a charge of driving a motor vehicle while the driving
32 privileges, permit, or license of the person is suspended, fix the period
33 of suspension in accordance with the order of the court.
34 SECTION 69. IC 9-30-16-1, AS AMENDED BY P.L.111-2021,
35 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2022]: Sec. 1. (a) Except as provided in subsection (b), the
37 following are ineligible for specialized driving privileges under this
38 chapter:
39 (1) A person who has never been an Indiana resident.
40 (2) A person seeking specialized driving privileges with respect
41 to a suspension based on the person's refusal to submit to a
42 chemical test offered under IC 9-30-6 or IC 9-30-7. However, a
2022	IN 200—LS 6329/DI 139 53
1 court may grant this person driving privileges under
2 IC 9-30-6-8(d).
3 (3) A person whose driving privileges have been suspended or
4 revoked under IC 9-24-10-7(b)(2)(A).
5 (4) A person whose driving privileges have been suspended under
6 IC 9-21-8-52(e) or IC 9-21-12-1(b).
7 (b) This chapter applies to the following:
8 (1) A person who held a driver's license (issued under IC 9-24-3),
9 or a commercial driver's license, a public passenger chauffeur's
10 license, or a chauffeur's license, or a driving card at the time of:
11 (A) the criminal conviction for which the operation of a motor
12 vehicle is an element of the offense;
13 (B) any criminal conviction for an offense under IC 9-30-5,
14 IC 35-46-9, or IC 14-15-8 (before its repeal); or
15 (C) committing the infraction of exceeding a worksite speed
16 limit for the second time in one (1) year under IC 9-21-5-11(f).
17 (2) A person: who:
18 (A) who:
19 (i) has never held a valid Indiana driver's license or driving
20 card; or
21 (ii) does not currently hold a valid Indiana learner's permit
22 or driving card learner's permit; and
23 (B) who was an Indiana resident when the driving privileges
24 for which the person is seeking specialized driving privileges
25 were suspended.
26 (c) Except as specifically provided in this chapter, a court may
27 suspend the driving privileges of a person convicted of any of the
28 following offenses for a period up to the maximum allowable period of
29 incarceration under the penalty for the offense:
30 (1) Any criminal conviction in which the operation of a motor
31 vehicle is an element of the offense.
32 (2) Any criminal conviction for an offense under IC 9-30-5,
33 IC 35-46-9, or IC 14-15-8 (before its repeal).
34 (3) Any offense under IC 35-42-1, IC 35-42-2, or IC 35-44.1-3-1
35 that involves the use of a vehicle.
36 (d) Except as provided in section 3.5 of this chapter, a suspension
37 of driving privileges under this chapter may begin before the
38 conviction. Multiple suspensions of driving privileges ordered by a
39 court that are part of the same episode of criminal conduct shall be
40 served concurrently. A court may grant credit time for any suspension
41 that began before the conviction, except as prohibited by section
42 6(a)(2) of this chapter.
2022	IN 200—LS 6329/DI 139 54
1 (e) If a person has had an ignition interlock device installed as a
2 condition of specialized driving privileges or under IC 9-30-6-8(d), the
3 period of the installation shall be credited as part of the suspension of
4 driving privileges.
5 (f) This subsection applies to a person described in subsection
6 (b)(2). A court shall, as a condition of granting specialized driving
7 privileges to the person, require the person to apply for and obtain an
8 Indiana driver's license or driving card.
9 (g) If a person indicates to the court at an initial hearing (as
10 described in IC 35-33-7) that the person intends to file a petition for a
11 specialized driving privileges hearing with that court under section 3
12 or 4 of this chapter, the following apply:
13 (1) The court shall:
14 (A) stay the suspension of the person's driving privileges at the
15 initial hearing and shall not submit the probable cause
16 affidavit related to the person's offense to the bureau; and
17 (B) set the matter for a specialized driving privileges hearing
18 not later than thirty (30) days after the initial hearing.
19 (2) If the person does not file a petition for a specialized driving
20 privileges hearing not later than ten (10) days after the date of the
21 initial hearing, the court shall lift the stay of the suspension of the
22 person's driving privileges and shall submit the probable cause
23 affidavit related to the person's offense to the bureau for
24 automatic suspension.
25 (3) If the person files a petition for a specialized driving privileges
26 hearing not later than ten (10) days after the initial hearing, the
27 stay of the suspension of the person's driving privileges continues
28 until the matter is heard and a determination is made by the court
29 at the specialized driving privileges hearing.
30 (4) If the specialized driving privileges hearing is continued due
31 to:
32 (A) a congestion of the court calendar;
33 (B) the prosecuting attorney's motion for a continuance; or
34 (C) the person's motion for a continuance with no objection by
35 the prosecuting attorney;
36 the stay of the suspension of the person's driving privileges
37 continues until addressed at the next hearing.
38 (5) If the person moves for a continuance of the specialized
39 driving privileges hearing and the court grants the continuance
40 over the prosecuting attorney's objection, the court shall lift the
41 stay of the suspension of the person's driving privileges and shall
42 submit the probable cause affidavit related to the person's offense
2022	IN 200—LS 6329/DI 139 55
1 to the bureau for automatic suspension.
2 SECTION 70. IC 9-30-16-3, AS AMENDED BY P.L.29-2020,
3 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 3. (a) This section does not apply to specialized
5 driving privileges granted in accordance with section 3.5 of this
6 chapter. If a court orders a suspension of driving privileges under this
7 chapter, or imposes a suspension of driving privileges under
8 IC 9-30-6-9(c), the court may stay the suspension and grant a
9 specialized driving privilege as set forth in this section.
10 (b) An individual who seeks specialized driving privileges must file
11 a petition for specialized driving privileges in each court that has
12 ordered or imposed a suspension of the individual's driving privileges.
13 Each petition must:
14 (1) be verified by the petitioner;
15 (2) state the petitioner's age, date of birth, and address;
16 (3) state the grounds for relief and the relief sought;
17 (4) be filed in the court case that resulted in the order of
18 suspension; and
19 (5) be served on the bureau and the prosecuting attorney.
20 A prosecuting attorney shall appear on behalf of the bureau to respond
21 to a petition filed under this subsection.
22 (c) Except as provided in subsection (h), regardless of the
23 underlying offense, specialized driving privileges granted under this
24 section shall be granted for a period of time as determined by the court.
25 A court, at its discretion, may set periodic review hearings to review an
26 individual's specialized driving privileges.
27 (d) The terms of specialized driving privileges must be determined
28 by a court.
29 (e) A stay of a suspension and specialized driving privileges may
30 not be granted to an individual who:
31 (1) has previously been granted specialized driving privileges;
32 and
33 (2) has more than one (1) conviction under section 5 of this
34 chapter.
35 (f) An individual who has been granted specialized driving
36 privileges shall:
37 (1) maintain proof of future financial responsibility insurance
38 during the period of specialized driving privileges;
39 (2) carry a copy of the order granting specialized driving
40 privileges or have the order in the vehicle being operated by the
41 individual;
42 (3) produce the copy of the order granting specialized driving
2022	IN 200—LS 6329/DI 139 56
1 privileges upon the request of a police officer; and
2 (4) carry a validly issued state identification card, or driver's
3 license, or driving card.
4 (g) An individual who holds a commercial driver's license and has
5 been granted specialized driving privileges under this chapter may not,
6 for the duration of the suspension for which the specialized driving
7 privileges are sought, operate any vehicle that requires the individual
8 to hold a commercial driver's license to operate the vehicle.
9 (h) Whenever a suspension of an individual's driving privileges
10 under this chapter is terminated because:
11 (1) the underlying conviction, judgment, or finding that forms the
12 basis of the suspension is reversed, vacated, or dismissed; or
13 (2) the individual is acquitted of, found not liable for, or otherwise
14 found not to have committed the underlying act or offense that
15 forms the basis of the suspension;
16 the individual's specialized driving privileges expire at the time the
17 suspension of the individual's driving privileges is terminated.
18 (i) The court shall inform the bureau of a termination of a
19 suspension and expiration of specialized driving privileges as described
20 under subsection (h) in a format designated by the bureau.
21 SECTION 71. IC 9-30-16-3.5, AS AMENDED BY P.L.29-2020,
22 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]: Sec. 3.5. (a) If a court imposes a suspension of driving
24 privileges under IC 9-21-5-11(f), the court may stay the suspension and
25 grant a specialized driving privilege as set forth in this section.
26 (b) Except as provided in subsection (g), specialized driving
27 privileges granted under this section shall be granted for a period of
28 time as determined by the court. A court, at its discretion, may set
29 periodic review hearings to review an individual's specialized driving
30 privileges.
31 (c) Specialized driving privileges granted under this section:
32 (1) must be determined by a court; and
33 (2) are limited to restricting the individual to being allowed to
34 operate a motor vehicle between the place of employment of the
35 individual and the individual's residence.
36 (d) An individual who has been granted specialized driving
37 privileges under this section shall:
38 (1) maintain proof of future financial responsibility insurance
39 during the period of specialized driving privileges;
40 (2) carry a copy of the order granting specialized driving
41 privileges or have the order in the vehicle being operated by the
42 individual;
2022	IN 200—LS 6329/DI 139 57
1 (3) produce the copy of the order granting specialized driving
2 privileges upon the request of a police officer; and
3 (4) carry a validly issued driver's license or driving card.
4 (e) An individual who holds a commercial driver's license and has
5 been granted specialized driving privileges under this chapter may not,
6 for the duration of the suspension for which the specialized driving
7 privileges are sought, operate a motor vehicle that requires the
8 individual to hold a commercial driver's license to operate the motor
9 vehicle.
10 (f) An individual who seeks specialized driving privileges must file
11 a petition for specialized driving privileges in each court that has
12 ordered or imposed a suspension of the individual's driving privileges.
13 Each petition must:
14 (1) be verified by the petitioner;
15 (2) state the petitioner's age, date of birth, and address;
16 (3) state the grounds for relief and the relief sought;
17 (4) be filed in the court that ordered or imposed the suspension;
18 and
19 (5) be served on the bureau and the prosecuting attorney.
20 A prosecuting attorney shall appear on behalf of the bureau to respond
21 to a petition filed under this subsection.
22 (g) Whenever a suspension of an individual's driving privileges
23 under this chapter is terminated because:
24 (1) the underlying conviction, judgment, or finding that forms the
25 basis of the suspension is reversed, vacated, or dismissed; or
26 (2) the individual is acquitted of, found not liable for, or otherwise
27 found not to have committed the underlying act or offense that
28 forms the basis of the suspension;
29 the individual's specialized driving privileges expire at the time the
30 suspension of the individual's driving privileges is terminated.
31 (h) The court shall inform the bureau of a termination of a
32 suspension of driving privileges and expiration of specialized driving
33 privileges as described under subsection (g) in a format designated by
34 the bureau.
35 SECTION 72. IC 9-30-16-5, AS AMENDED BY P.L.10-2019,
36 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 5. (a) A person who knowingly or intentionally
38 violates a condition imposed by a court under section 3, 3.5, or 4 of this
39 chapter, or imposed under IC 9-30-10-14.2, commits a Class C
40 misdemeanor. The prosecuting attorney may notify the court that issued
41 the specialized driving privileges order of the alleged violation. If the
42 specialized driving privileges order is from a different county, the
2022	IN 200—LS 6329/DI 139 58
1 prosecuting attorney may also notify the prosecuting attorney in that
2 county of the violation.
3 (b) For a person convicted of an offense under subsection (a), the
4 court that issued the specialized driving privileges order that was
5 violated may modify or revoke specialized driving privileges. The court
6 that issued the specialized driving privileges order that was violated
7 may order the bureau to lift the stay of a suspension of driving
8 privileges and suspend the person's driving license or driving card as
9 originally ordered in addition to any additional suspension.
10 SECTION 73. IC 9-30-16-6, AS AMENDED BY P.L.110-2020,
11 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 6. (a) A person whose driving privileges are
13 suspended under section 1(c) of this chapter:
14 (1) is entitled to credit for any days during which the license or
15 driving card was suspended under IC 9-30-6-9(c); and
16 (2) may not receive any credit for days during which the person's
17 driving privileges were suspended under IC 9-30-6-9(b).
18 (b) A period of suspension of driving privileges imposed under
19 section 1(c) of this chapter must be consecutive to any period of
20 suspension imposed under IC 9-30-6-9(b). However, if the state and
21 defendant agree pursuant to a term in an accepted plea agreement, or
22 if the court finds at sentencing that it is in the best interest of society,
23 the court shall terminate all or any part of the remaining suspension
24 under IC 9-30-6-9(b) and shall enter this finding in its sentencing
25 order.
26 (c) The bureau shall designate a period of suspension of driving
27 privileges imposed under section 1(c) of this chapter as consecutive to
28 any period of suspension imposed under IC 9-30-6-9(b) unless the
29 sentencing order of the court under subsection (b) terminates all or part
30 of the remaining suspension under IC 9-30-6-9(b).
31 SECTION 74. IC 9-30-16-6.5, AS ADDED BY P.L.110-2020,
32 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 6.5. A court and the bureau, if applicable, shall
34 terminate all or any part of the remaining suspension of a person's
35 license or driving card suspension under section 1(c) of this chapter
36 or under IC 9-30-6-9 if:
37 (1) the charges against the person are dismissed;
38 (2) the person is acquitted; or
39 (3) the person's conviction is vacated or reversed on appeal.
40 SECTION 75. IC 9-30-16-7, AS ADDED BY P.L.198-2016,
41 SECTION 611, IS AMENDED TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2022]: Sec. 7. If the bureau issues a driver's
2022	IN 200—LS 6329/DI 139 59
1 license or driving card to an individual who has been issued
2 specialized driving privileges, the individual shall pay a specialized
3 driving privileges charge of ten dollars ($10). The charge is in addition
4 to any applicable fees under IC 9-24 and shall be deposited in the
5 commission fund.
6 SECTION 76. IC 20-33-2-11, AS AMENDED BY P.L.111-2021,
7 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 11. (a) Notwithstanding IC 9-24 concerning the
9 minimum requirements for qualifying for the issuance of a driver's
10 license, or a learner's permit, a driving card, or a driving card
11 learner's permit, and subject to subsections (c) through (e), an
12 individual who is:
13 (1) at least fifteen (15) years of age and less than eighteen (18)
14 years of age;
15 (2) a habitual truant under the definition of habitual truant
16 established under subsection (b); and
17 (3) identified in the information submitted to the bureau of motor
18 vehicles under subsection (f);
19 may not be issued a driver's license, or a learner's permit, a driving
20 card, or a driving card learner's permit to drive a motor vehicle
21 under IC 9-24 until the individual is at least eighteen (18) years of age.
22 (b) Each governing body may establish and include as part of the
23 written copy of its discipline rules described in IC 20-33-8-12:
24 (1) a definition of a child who is designated as a habitual truant,
25 which must, at a minimum, define the term as a student who is
26 chronically absent, by having unexcused absences from school for
27 more than ten (10) days of school in one (1) school year; and
28 (2) all other pertinent matters related to this action.
29 (c) An individual described in subsection (a) is entitled to the
30 procedure described in IC 20-33-8-19.
31 (d) An individual described in subsection (a) who is at least thirteen
32 (13) years of age and less than eighteen (18) years of age is entitled to
33 a periodic review of the individual's attendance record in school to
34 determine whether the prohibition described in subsection (a) shall
35 continue. The periodic reviews may not be conducted less than one (1)
36 time each school year.
37 (e) Upon review, the governing body may determine that the
38 individual's attendance record has improved to the degree that the
39 individual may become eligible to be issued a driver's license, or a
40 learner's permit, a driving card, or a driving card learner's permit.
41 (f) The governing body of the school corporation may submit to the
42 bureau of motor vehicles the pertinent information concerning an
2022	IN 200—LS 6329/DI 139 60
1 individual's ineligibility under subsection (a) to be issued a driver's
2 license, or a learner's permit, a driving card, or a driving card
3 learner's permit.
4 (g) The department shall develop guidelines concerning criteria
5 used in defining a habitual truant that may be considered by a
6 governing body in complying with subsection (b).
7 SECTION 77. IC 20-33-2-28.5, AS AMENDED BY P.L.147-2020,
8 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2022]: Sec. 28.5. (a) This section applies to an individual:
10 (1) who:
11 (A) attends or last attended a public school;
12 (B) is at least sixteen (16) years of age but less than eighteen
13 (18) years of age; and
14 (C) has not completed the requirements for graduation;
15 (2) who:
16 (A) wishes to withdraw from school before graduation;
17 (B) fails to return at the beginning of a semester; or
18 (C) stops attending school during a semester; and
19 (3) who has no record of transfer to another school.
20 (b) An individual to whom this section applies may withdraw from
21 school only if all of the following conditions are met:
22 (1) An exit interview is conducted.
23 (2) The individual's parent consents to the withdrawal.
24 (3) The school principal approves of the withdrawal.
25 (4) The withdrawal is due to:
26 (A) financial hardship and the individual must be employed to
27 support the individual's family or a dependent;
28 (B) illness; or
29 (C) an order by a court that has jurisdiction over the child.
30 During the exit interview, the school principal shall provide to the
31 student and the student's parent a copy of statistics compiled by the
32 department concerning the likely consequences of life without a high
33 school diploma. The school principal shall advise the student and the
34 student's parent that the student's withdrawal from school may prevent
35 the student from receiving or result in the revocation of the student's
36 employment certificate and driver's license, or learner's permit, driving
37 card, or driving card learner's permit.
38 (c) For purposes of this section, the following must be in written
39 form:
40 (1) An individual's request to withdraw from school.
41 (2) A parent's consent to a withdrawal.
42 (3) A principal's consent to a withdrawal.
2022	IN 200—LS 6329/DI 139 61
1 (d) If the individual's principal does not consent to the individual's
2 withdrawal under this section, the individual's parent may appeal the
3 denial of consent to the governing body of the public school that the
4 individual last attended.
5 (e) Each public school, including each school corporation and each
6 charter school (as defined in IC 20-24-1-4), shall provide an annual
7 report to the department setting forth the following information:
8 (1) The total number of individuals:
9 (A) who withdrew from school under this section; and
10 (B) who either:
11 (i) failed to return to school at the beginning of a semester;
12 or
13 (ii) stopped attending school during a semester;
14 and for whom there is no record of transfer to another school.
15 (2) The number of individuals who withdrew from school
16 following an exit interview.
17 (f) If an individual to which this section applies:
18 (1) has not received consent to withdraw from school under this
19 section; and
20 (2) fails to return to school at the beginning of a semester or
21 during the semester;
22 the principal of the school that the individual last attended may deliver
23 by certified mail or personal delivery to the bureau of youth
24 employment a record of the individual's failure to return to school so
25 that the bureau of youth employment revokes any employment
26 certificates issued under IC 22-2-18 (before its expiration on June 30,
27 2021) to the individual and does not issue any additional employment
28 certificates to the individual. For purposes of IC 22-2-18-20 (before its
29 expiration on June 30, 2021), the individual shall be considered a
30 dropout.
31 (g) At the same time that a school principal delivers the record
32 under subsection (f), the principal may deliver by certified mail or
33 personal delivery to the bureau of motor vehicles a record of the
34 individual's failure to return to school so that the bureau of motor
35 vehicles revokes any driver's license, or learner's permit, driving card,
36 or driving card learner's permit issued to the individual and does not
37 issue any additional driver's licenses, or learner's permits, driving
38 cards, or driving card learner's permits to the individual before the
39 individual is at least eighteen (18) years of age. For purposes of
40 IC 9-24-2-1, the individual shall be considered a dropout.
41 (h) If:
42 (1) a principal has delivered the record required under subsection
2022	IN 200—LS 6329/DI 139 62
1 (f) or (g), or both; and
2 (2) the school subsequently gives consent to the individual to
3 withdraw from school under this section;
4 the principal of the school shall send a notice of withdrawal to the
5 bureau of youth employment and the bureau of motor vehicles by
6 certified mail or personal delivery and, for purposes of IC 22-2-18-20
7 (before its expiration on June 30, 2021) and IC 9-24-2-1, the individual
8 shall no longer be considered a dropout.
9 SECTION 78. IC 20-33-8-33, AS AMENDED BY P.L.233-2015,
10 SECTION 264, IS AMENDED TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2022]: Sec. 33. Before February 1 and before
12 October 1 of each year, except when a hearing has been requested to
13 determine financial hardship under IC 9-24-2-1(a)(4), a principal may
14 submit to the bureau of motor vehicles the pertinent information
15 concerning an individual's ineligibility under IC 9-24-2-1 to be issued
16 a driver's license, or learner's permit, driving card, or driving card
17 learner's permit, or concerning the suspension of driving privileges
18 under IC 9-24-2-4.
19 SECTION 79. IC 31-37-19-13, AS AMENDED BY P.L.111-2021,
20 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 13. (a) This section applies if a child is a
22 delinquent child under IC 31-37-1 due to the commission of a
23 delinquent act that, if committed by an adult, would be:
24 (1) dealing in:
25 (A) a controlled substance (as defined in IC 35-48-1-9); or
26 (B) a counterfeit substance (as defined in IC 35-48-1-10);
27 (2) possessing:
28 (A) a controlled substance (as defined in IC 35-48-1-9); or
29 (B) a prescription drug (as defined in IC 35-48-1-25);
30 for which the child does not have a prescription; or
31 (3) conspiring to commit an act described in subdivision (1) or
32 (2).
33 (b) The juvenile court shall, in addition to any other order or decree
34 the court makes under this chapter, order the bureau of motor vehicles
35 to invalidate the child's driver's license or permit for a period specified
36 by the court of at least six (6) months but not more than one (1) year
37 from the time the child would otherwise be eligible for a learner's
38 permit or driving card learner's permit.
39 SECTION 80. IC 31-37-19-14, AS AMENDED BY P.L.111-2021,
40 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 14. (a) This section applies if:
42 (1) a child has been previously determined to be a delinquent
2022	IN 200—LS 6329/DI 139 63
1 child under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal)
2 due to the commission of a delinquent act described in section
3 13(a)(1), 13(a)(2), or 13(a)(3) of this chapter (or
4 IC 31-6-4-15.9(d)(1), IC 31-6-4-15.9(d)(2), or
5 IC 31-6-4-15.9(d)(3) before its repeal); or
6 (2) the delinquent act described in section 13(a)(1), 13(a)(2), or
7 13(a)(3) of this chapter (or IC 31-6-4-15.9(d)(1),
8 IC 31-6-4-15.9(d)(2), or IC 31-6-4-15.9(d)(3) before its repeal)
9 was committed:
10 (A) on school property;
11 (B) within one thousand (1,000) feet of school property; or
12 (C) on a school bus.
13 (b) The juvenile court shall, in addition to any other order or decree
14 the court makes under this chapter, order the bureau of motor vehicles
15 to invalidate the child's driver's license or driving card for a period
16 specified by the court of at least six (6) months but not more than two
17 (2) years from the time the child would otherwise be eligible for a
18 learner's permit or driving card learner's permit.
19 SECTION 81. IC 31-37-19-15 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 15. (a) This section
21 applies if a child is a delinquent child under IC 31-37-1 due to the
22 commission of a delinquent act that, if committed by an adult, would
23 be:
24 (1) dealing in:
25 (A) a controlled substance (as defined in IC 35-48-1-9); or
26 (B) a counterfeit substance (as defined in IC 35-48-1-10);
27 (2) possessing:
28 (A) a controlled substance (as defined in IC 35-48-1-9); or
29 (B) a prescription drug (as defined in IC 35-48-1-25);
30 for which the child does not have a prescription; or
31 (3) conspiring to commit an act described in subdivision (1) or
32 (2).
33 (b) The juvenile court shall, in addition to any other order or decree
34 the court makes under this chapter, order the bureau of motor vehicles
35 not to issue the child a learner's permit or driving card learner's
36 permit for a period specified by the court of at least six (6) months but
37 not more than one (1) year from the time the child would otherwise be
38 eligible for a learner's permit or driving card learner's permit.
39 SECTION 82. IC 31-37-19-16 IS AMENDED TO READ AS
40 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) This section
41 applies if:
42 (1) a child has been previously determined to be a delinquent
2022	IN 200—LS 6329/DI 139 64
1 child under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal)
2 due to the commission of a delinquent act described in section
3 15(a)(1), 15(a)(2), or 15(a)(3) of this chapter (or
4 IC 31-6-4-15.9(e)(1), IC 31-6-4-15.9(e)(2), or
5 IC 31-6-4-15.9(e)(3) before its repeal); or
6 (2) the delinquent act described in section 15(a)(1), 15(a)(2), or
7 15(a)(3) of this chapter (or IC 31-6-4-15.9(e)(1),
8 IC 31-6-4-15.9(e)(2), or IC 31-6-4-15.9(e)(3) before its repeal)
9 was committed:
10 (A) on school property;
11 (B) within one thousand (1,000) feet of school property; or
12 (C) on a school bus.
13 (b) The juvenile court shall, in addition to any other order or decree
14 the court makes under this chapter, order the bureau of motor vehicles
15 not to issue the child a learner's permit or driving card learner's
16 permit for a period specified by the court of at least six (6) months but
17 not more than two (2) years from the time the child would otherwise be
18 eligible for a learner's permit or driving card learner's permit.
19 SECTION 83. IC 31-37-19-17, AS AMENDED BY P.L.111-2021,
20 SECTION 100, IS AMENDED TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2022]: Sec. 17. (a) This section applies if a
22 child is a delinquent child under IC 31-37-1 due to the commission of
23 a delinquent act that, if committed by an adult, would be criminal
24 mischief or institutional criminal mischief under IC 35-43-1-2 that
25 involves the use of graffiti.
26 (b) The juvenile court may, in addition to any other order or decree
27 the court makes under this chapter, order the bureau of motor vehicles
28 to:
29 (1) suspend the child's driver's license or driving card; or
30 (2) invalidate the child's learner's permit or driving card
31 learner's permit;
32 for one (1) year beginning the date of the order.
33 SECTION 84. IC 34-24-1-1, AS AMENDED BY P.L.174-2021,
34 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 1. (a) The following may be seized:
36 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
37 or are intended for use by the person or persons in possession of
38 them to transport or in any manner to facilitate the transportation
39 of the following:
40 (A) A controlled substance for the purpose of committing,
41 attempting to commit, or conspiring to commit any of the
42 following:
2022	IN 200—LS 6329/DI 139 65
1 (i) Dealing in or manufacturing cocaine or a narcotic drug
2 (IC 35-48-4-1).
3 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
4 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
5 (iv) Dealing in a schedule I, II, or III controlled substance
6 (IC 35-48-4-2).
7 (v) Dealing in a schedule IV controlled substance (IC
8 35-48-4-3).
9 (vi) Dealing in a schedule V controlled substance (IC
10 35-48-4-4).
11 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
12 (viii) Possession of cocaine or a narcotic drug (IC
13 35-48-4-6).
14 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
15 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
16 (xi) Dealing in marijuana, hash oil, hashish, or salvia (IC
17 35-48-4-10).
18 (xii) An offense under IC 35-48-4 involving a synthetic drug
19 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
20 substance (as defined in IC 35-31.5-2-321.5 (before its
21 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
22 repeal on July 1, 2019), a controlled substance analog (as
23 defined in IC 35-48-1-9.3), or a substance represented to be
24 a controlled substance (as described in IC 35-48-4-4.6).
25 (B) Any stolen (IC 35-43-4-2) or converted property (IC
26 35-43-4-3) if the retail or repurchase value of that property is
27 one hundred dollars ($100) or more.
28 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
29 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
30 mass destruction (as defined in IC 35-31.5-2-354) used to
31 commit, used in an attempt to commit, or used in a conspiracy
32 to commit a felony terrorist offense (as defined in
33 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
34 furtherance of an act of terrorism (as defined by
35 IC 35-31.5-2-329).
36 (2) All money, negotiable instruments, securities, weapons,
37 communications devices, or any property used to commit, used in
38 an attempt to commit, or used in a conspiracy to commit a felony
39 terrorist offense (as defined in IC 35-50-2-18) or an offense under
40 IC 35-47 as part of or in furtherance of an act of terrorism or
41 commonly used as consideration for a violation of IC 35-48-4
42 (other than items subject to forfeiture under IC 16-42-20-5 or
2022	IN 200—LS 6329/DI 139 66
1 IC 16-6-8.5-5.1, before its repeal):
2 (A) furnished or intended to be furnished by any person in
3 exchange for an act that is in violation of a criminal statute;
4 (B) used to facilitate any violation of a criminal statute; or
5 (C) traceable as proceeds of the violation of a criminal statute.
6 (3) Any portion of real or personal property purchased with
7 money that is traceable as a proceed of a violation of a criminal
8 statute.
9 (4) A vehicle that is used by a person to:
10 (A) commit, attempt to commit, or conspire to commit;
11 (B) facilitate the commission of; or
12 (C) escape from the commission of;
13 murder (IC 35-42-1-1), dealing in a controlled substance resulting
14 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
15 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
16 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
17 under IC 35-47 as part of or in furtherance of an act of terrorism.
18 (5) Real property owned by a person who uses it to commit any of
19 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
20 felony:
21 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
22 35-48-4-1).
23 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
24 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
25 (D) Dealing in a schedule I, II, or III controlled substance (IC
26 35-48-4-2).
27 (E) Dealing in a schedule IV controlled substance (IC
28 35-48-4-3).
29 (F) Dealing in marijuana, hash oil, hashish, or salvia (IC
30 35-48-4-10).
31 (G) Dealing in a synthetic drug (as defined in
32 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
33 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
34 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
35 2019).
36 (H) Dealing in a controlled substance resulting in death (IC
37 35-42-1-1.5).
38 (6) Equipment and recordings used by a person to commit fraud
39 under IC 35-43-5.
40 (7) Recordings sold, rented, transported, or possessed by a person
41 in violation of IC 24-4-10.
42 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
2022	IN 200—LS 6329/DI 139 67
1 defined by IC 35-45-6-1) that is the object of a corrupt business
2 influence violation (IC 35-45-6-2).
3 (9) Unlawful telecommunications devices (as defined in
4 IC 35-45-13-6) and plans, instructions, or publications used to
5 commit an offense under IC 35-45-13.
6 (10) Any equipment, including computer equipment and cellular
7 telephones, used for or intended for use in preparing,
8 photographing, recording, videotaping, digitizing, printing,
9 copying, or disseminating matter in violation of IC 35-42-4.
10 (11) Destructive devices used, possessed, transported, or sold in
11 violation of IC 35-47.5.
12 (12) Tobacco products that are sold in violation of IC 24-3-5,
13 tobacco products that a person attempts to sell in violation of
14 IC 24-3-5, and other personal property owned and used by a
15 person to facilitate a violation of IC 24-3-5.
16 (13) Property used by a person to commit counterfeiting or
17 forgery in violation of IC 35-43-5-2.
18 (14) After December 31, 2005, if a person is convicted of an
19 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
20 following real or personal property:
21 (A) Property used or intended to be used to commit, facilitate,
22 or promote the commission of the offense.
23 (B) Property constituting, derived from, or traceable to the
24 gross proceeds that the person obtained directly or indirectly
25 as a result of the offense.
26 (15) Except as provided in subsection (e), a vehicle used by a
27 person who operates the vehicle:
28 (A) while intoxicated, in violation of IC 9-30-5-1 through
29 IC 9-30-5-5, if in the previous five (5) years the person has two
30 (2) or more prior unrelated convictions for operating a motor
31 vehicle while intoxicated in violation of IC 9-30-5-1 through
32 IC 9-30-5-5; or
33 (B) on a highway while the person's driving privileges are
34 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
35 if in the previous five (5) years the person has two (2) or more
36 prior unrelated convictions for operating a vehicle while
37 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
38 If a court orders the seizure of a vehicle under this subdivision,
39 the court shall transmit an order to the bureau of motor vehicles
40 recommending that the bureau not permit a vehicle to be
41 registered in the name of the person whose vehicle was seized
42 until the person possesses a current driving license (as defined in
2022	IN 200—LS 6329/DI 139 68
1 IC 9-13-2-41) or driving card (as described in IC 9-24-3.5).
2 (16) The following real or personal property:
3 (A) Property used or intended to be used to commit, facilitate,
4 or promote the commission of an offense specified in
5 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
6 IC 30-2-13-38(f).
7 (B) Property constituting, derived from, or traceable to the
8 gross proceeds that a person obtains directly or indirectly as a
9 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
10 IC 30-2-10-9(b), or IC 30-2-13-38(f).
11 (17) Real or personal property, including a vehicle, that is used by
12 a person to:
13 (A) commit, attempt to commit, or conspire to commit;
14 (B) facilitate the commission of; or
15 (C) escape from the commission of;
16 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
17 trafficking) or IC 35-45-4-4 (promoting prostitution).
18 (b) A vehicle used by any person as a common or contract carrier in
19 the transaction of business as a common or contract carrier is not
20 subject to seizure under this section, unless it can be proven by a
21 preponderance of the evidence that the owner of the vehicle knowingly
22 permitted the vehicle to be used to engage in conduct that subjects it to
23 seizure under subsection (a).
24 (c) Equipment under subsection (a)(10) may not be seized unless it
25 can be proven by a preponderance of the evidence that the owner of the
26 equipment knowingly permitted the equipment to be used to engage in
27 conduct that subjects it to seizure under subsection (a)(10).
28 (d) Money, negotiable instruments, securities, weapons,
29 communications devices, or any property commonly used as
30 consideration for a violation of IC 35-48-4 found near or on a person
31 who is committing, attempting to commit, or conspiring to commit any
32 of the following offenses shall be admitted into evidence in an action
33 under this chapter as prima facie evidence that the money, negotiable
34 instrument, security, or other thing of value is property that has been
35 used or was to have been used to facilitate the violation of a criminal
36 statute or is the proceeds of the violation of a criminal statute:
37 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
38 death).
39 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
40 narcotic drug).
41 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
42 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
2022	IN 200—LS 6329/DI 139 69
1 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
2 substance).
3 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
4 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
5 as a Level 4 felony.
6 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
7 Level 3, Level 4, or Level 5 felony.
8 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
9 3, Level 4, or Level 5 felony.
10 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
11 salvia) as a Level 5 felony.
12 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
13 in a synthetic drug or synthetic drug lookalike substance) as a
14 Level 5 felony or Level 6 felony (or as a Class C felony or Class
15 D felony under IC 35-48-4-10 before its amendment in 2013).
16 (e) A vehicle operated by a person who is not:
17 (1) an owner of the vehicle; or
18 (2) the spouse of the person who owns the vehicle;
19 is not subject to seizure under subsection (a)(15) unless it can be
20 proven by a preponderance of the evidence that the owner of the
21 vehicle knowingly permitted the vehicle to be used to engage in
22 conduct that subjects it to seizure under subsection (a)(15).
23 SECTION 85. IC 35-43-1-2, AS AMENDED BY P.L.111-2021,
24 SECTION 104, IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) A person who recklessly,
26 knowingly, or intentionally damages or defaces property of another
27 person without the other person's consent commits criminal mischief,
28 a Class B misdemeanor. However, the offense is:
29 (1) a Class A misdemeanor if the pecuniary loss is at least seven
30 hundred fifty dollars ($750) but less than fifty thousand dollars
31 ($50,000); and
32 (2) a Level 6 felony if:
33 (A) the pecuniary loss is at least fifty thousand dollars
34 ($50,000);
35 (B) the damage causes a substantial interruption or impairment
36 of utility service rendered to the public;
37 (C) the damage is to a public record; or
38 (D) the damage is to a law enforcement animal (as defined in
39 IC 35-46-3-4.5).
40 (b) A person who recklessly, knowingly, or intentionally damages:
41 (1) a structure used for religious worship without the consent of
42 the owner, possessor, or occupant of the property that is damaged;
2022	IN 200—LS 6329/DI 139 70
1 (2) a school or community center without the consent of the
2 owner, possessor, or occupant of the property that is damaged;
3 (3) the property of an agricultural operation (as defined in
4 IC 32-30-6-1) without the consent of the owner, possessor, or
5 occupant of the property that is damaged;
6 (4) the grounds:
7 (A) adjacent to; and
8 (B) owned or rented in common with;
9 a structure or facility identified in subdivisions (1) through (3)
10 without the consent of the owner, possessor, or occupant of the
11 property that is damaged;
12 (5) personal property contained in a structure or located at a
13 facility identified in subdivisions (1) through (3) without the
14 consent of the owner, possessor, or occupant of the property that
15 is damaged;
16 (6) property that is vacant real property (as defined in
17 IC 36-7-36-5) or a vacant structure (as defined in IC 36-7-36-6);
18 or
19 (7) property after the person has been denied entry to the property
20 by a court order that was issued:
21 (A) to the person; or
22 (B) to the general public by conspicuous posting on or around
23 the property in areas where a person could observe the order
24 when the property has been designated by a municipality or
25 county enforcement authority to be a vacant property, an
26 abandoned property, or an abandoned structure (as defined in
27 IC 36-7-36-1);
28 commits institutional criminal mischief, a Class A misdemeanor.
29 However, the offense is a Level 6 felony if the pecuniary loss (or
30 property damage, in the case of an agricultural operation) is at least
31 seven hundred fifty dollars ($750) but less than fifty thousand dollars
32 ($50,000), and a Level 5 felony if the pecuniary loss (or property
33 damage, in the case of an agricultural operation) is at least fifty
34 thousand dollars ($50,000).
35 (c) A person who recklessly, knowingly, or intentionally damages
36 property:
37 (1) during the dealing or manufacture of or attempted dealing or
38 manufacture of a controlled substance; and
39 (2) by means of a fire or an explosion;
40 commits controlled substances criminal mischief, a Level 6 felony.
41 However, the offense is a Level 5 felony if the offense results in
42 moderate bodily injury to any person other than a defendant.
2022	IN 200—LS 6329/DI 139 71
1 (d) If a person is convicted of an offense under this section that
2 involves the use of graffiti, the court may, in addition to any other
3 penalty, order that the person's driver's license or driving card be
4 suspended or invalidated by the bureau of motor vehicles for not more
5 than one (1) year.
6 (e) The court may rescind an order for suspension or invalidation
7 under subsection (d) and allow the person to receive a license or permit
8 before the period of suspension or invalidation ends if the court
9 determines that the person has removed or painted over the graffiti or
10 has made other suitable restitution.
11 (f) For purposes of this section, "pecuniary loss" includes:
12 (1) the total costs incurred in inspecting, cleaning, and
13 decontaminating property contaminated by a pollutant; and
14 (2) a reasonable estimate of all additional costs not already
15 incurred under subdivision (1) that are necessary to inspect, clean,
16 and decontaminate property contaminated by a pollutant, to the
17 extent that the property has not already been:
18 (A) cleaned;
19 (B) decontaminated; or
20 (C) both cleaned and decontaminated.
21 The term includes inspection, cleaning, or decontamination conducted
22 by a person certified under IC 16-19-3.1.
23 SECTION 86. IC 35-52-9-36, AS ADDED BY P.L.169-2014,
24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 36. IC 9-24-18-1 defines a crime crimes
26 concerning driver's licenses and driving cards.
27 SECTION 87. IC 35-52-9-37.5, AS ADDED BY P.L.188-2015,
28 SECTION 153, IS AMENDED TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2022]: Sec. 37.5. IC 9-24-18-7.5 defines a
30 crime crimes concerning driver's licenses and driving cards.
31 SECTION 88. [EFFECTIVE JULY 1, 2022] (a) The bureau of
32 motor vehicles shall adopt rules under IC 4-22-2, including
33 emergency rules in the manner provided under IC 4-22-2-37.1,
34 necessary to implement issuance and administration of driving
35 cards under IC 9-24-3.5, as added by this act, and driving card
36 learner's permits under IC 9-24-7-1, as amended by this act.
37 (b) This SECTION expires July 1, 2023.
2022	IN 200—LS 6329/DI 139