Indiana 2023 Regular Session

Indiana House Bill HB1644 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1644
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-7-14-4; IC 7.1-1-3-7; IC 9-13-2; IC 9-14;
7	7	IC 9-18.5-29-3; IC 9-21; IC 9-24; IC 9-25; IC 9-26-1; IC 9-27-6;
8	8	IC 9-30; IC 9-33-4-2; IC 20-33; IC 31-37-19; IC 34-24-1-1;
9	9	IC 34-30-2.1; IC 35-43-1-2; IC 35-44.1-3-1; IC 35-52-9.
10	10	Synopsis: Driving privilege cards. Provides that an individual who is
11	11	an Indiana resident and cannot provide proof of identity and lawful
12	12	status in the United States may apply for a driving privilege card to
13	13	obtain driving privileges. Sets forth the requirements to obtain a
14	14	driving privilege card. Provides that a driving privilege card may not
15	15	be used as identification for any state or federal purpose other than to
16	16	confer driving privileges, for the purpose of voting, or to verify
17	17	employment. Requires an individual who holds a driving privilege card
18	18	and operates a motor vehicle to verify and continuously maintain
19	19	financial responsibility on any motor vehicle operated by the individual
20	20	who holds the driving privilege card in the amount required by law.
21	21	Provides that the bureau of motor vehicles may not disclose certain
22	22	information unless presented with a lawful court order or judicial
23	23	warrant. Requires an applicant for a driving privilege card or driving
24	24	privilege card renewal to sign up for selective service. Makes
25	25	conforming amendments. Makes technical corrections.
26	26	Effective: Upon passage; July 1, 2023.
27	27	King
28	28	January 19, 2023, read first time and referred to Committee on Roads and Transportation.
29	29	2023 IN 1644—LS 7106/DI 139 Introduced
30	30	First Regular Session of the 123rd General Assembly (2023)
31	31	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
32	32	Constitution) is being amended, the text of the existing provision will appear in this style type,
33	33	additions will appear in this style type, and deletions will appear in this style type.
34	34	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
35	35	provision adopted), the text of the new provision will appear in this style type. Also, the
36	36	word NEW will appear in that style type in the introductory clause of each SECTION that adds
37	37	a new provision to the Indiana Code or the Indiana Constitution.
38	38	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
39	39	between statutes enacted by the 2022 Regular Session of the General Assembly.
40	40	HOUSE BILL No. 1644
41	41	A BILL FOR AN ACT to amend the Indiana Code concerning
42	42	motor vehicles.
43	43	Be it enacted by the General Assembly of the State of Indiana:
44	44	1 SECTION 1. IC 3-7-14-4, AS AMENDED BY P.L.128-2015,
45	45	2 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46	46	3 JULY 1, 2023]: Sec. 4. (a) This section does not apply to an
47	47	4 application to obtain or renew a driving privilege card (as defined
48	48	5 in IC 9-13-2-48.1) issued under IC 9-24-3.5.
49	49	6 (b) An application to obtain or renew a motor vehicle driver's
50	50	7 license, permit, or identification card serves as an application for voter
51	51	8 registration:
52	52	9 (1) under this article; and
53	53	10 (2) as provided in 52 U.S.C. 20504(a)(1);
54	54	11 unless the applicant fails to sign the voter registration application.
55	55	12 SECTION 2. IC 7.1-1-3-7 IS AMENDED TO READ AS
56	56	13 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) Bona Fide
57	57	14 Evidence of Majority or Identity. The term "bona fide evidence of
58	58	15 majority or identity" means a document, including: but not limited to,
59	59	16 (1) except for a driving privilege card issued under
60	60	17 IC 9-24-3.5, a license or permit to operate a motor vehicle;
61	61	2023 IN 1644—LS 7106/DI 139 2
62	62	1 (2) a Selective Service registration certificate; or
63	63	2 (3) an United States Armed Forces identification card. but
64	64	3 excluding
65	65	4 (b) The term excludes a voter's voter registration card, issued by
66	66	5 the federal or state governments or one (1) of their political
67	67	6 subdivisions.
68	68	7 SECTION 3. IC 9-13-2-39.7, AS AMENDED BY P.L.111-2021,
69	69	8 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
70	70	9 JULY 1, 2023]: Sec. 39.7. "Credential" means the following:
71	71	10 (1) The following forms of documentation in physical form issued
72	72	11 by the bureau under IC 9-24:
73	73	12 (A) A driver's license.
74	74	13 (B) A learner's permit.
75	75	14 (C) An identification card.
76	76	15 (D) A photo exempt identification card.
77	77	16 (E) A driving privilege card.
78	78	17 (2) The following forms of documentation in the form of a mobile
79	79	18 credential issued by the bureau under IC 9-24:
80	80	19 (A) Except for a commercial driver's license issued under
81	81	20 IC 9-24-6.1 or a driving privilege card issued under
82	82	21 IC 9-24-3.5, a driver's license.
83	83	22 (B) Except for a commercial learner's permit issued under
84	84	23 IC 9-24-6.1, a learner's permit.
85	85	24 (C) An identification card.
86	86	25 (3) For the purposes of IC 9-24-17.7, any form of documentation
87	87	26 in physical form or digital form accessible on a mobile device
88	88	27 issued by the bureau under IC 9-24.
89	89	28 SECTION 4. IC 9-13-2-41 IS AMENDED TO READ AS
90	90	29 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 41. "Current driving
91	91	30 license" means every class and kind of license or permit, other than a
92	92	31 driving privilege card, that evidences the privilege to operate a motor
93	93	32 vehicle upon the highways of Indiana. The term includes a privilege
94	94	33 granted by the license.
95	95	34 SECTION 5. IC 9-13-2-48, AS AMENDED BY P.L.120-2020,
96	96	35 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
97	97	36 JULY 1, 2023]: Sec. 48. (a) "Driver's license" means the following:
98	98	37 (1) Any type of license issued by the state in physical form
99	99	38 authorizing an individual to operate the type of vehicle for which
100	100	39 the license was issued, in the manner for which the license was
101	101	40 issued, on a highway. The term includes any endorsements added
102	102	41 to the license under IC 9-24-8.5.
103	103	42 (2) Except for a commercial driver's license issued under
104	104	2023 IN 1644—LS 7106/DI 139 3
105	105	1 IC 9-24-6.1, any type of license issued by the state in the form of
106	106	2 a mobile credential authorizing an individual to operate the type
107	107	3 of vehicle for which the license was issued, in the manner for
108	108	4 which the license was issued, on a highway. The term includes
109	109	5 any endorsements added to the license under IC 9-24-8.5.
110	110	6 (b) Notwithstanding the July 1, 2021, effective date in HEA
111	111	7 1506-2019, SECTION 33 (P.L.178-2019), this section takes effect July
112	112	8 1, 2020 (rather than July 1, 2021).
113	113	9 (b) The term does not include a driving privilege card.
114	114	10 SECTION 6. IC 9-13-2-48.1 IS ADDED TO THE INDIANA CODE
115	115	11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
116	116	12 1, 2023]: Sec. 48.1. (a) "Driving privilege card" means a type of
117	117	13 credential issued by the state in physical form authorizing an
118	118	14 individual who is not a citizen of the United States to operate a
119	119	15 passenger motor vehicle or a truck with a declared gross weight
120	120	16 equal to or less than eleven thousand (11,000) pounds.
121	121	17 (b) The term includes a driving privilege card learner's permit.
122	122	18 SECTION 7. IC 9-13-2-93.4 IS ADDED TO THE INDIANA CODE
123	123	19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
124	124	20 1, 2023]: Sec. 93.4. "Licensed driver" means an individual holding
125	125	21 either of the following:
126	126	22 (1) A valid driver's license issued under IC 9-24-3.
127	127	23 (2) A valid driving privilege card issued under IC 9-24-3.5.
128	128	24 SECTION 8. IC 9-13-2-103.4, AS AMENDED BY P.L.120-2020,
129	129	25 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
130	130	26 JULY 1, 2023]: Sec. 103.4. (a) "Mobile credential" means a digital
131	131	27 representation issued by the bureau under IC 9-24-17.5 of the
132	132	28 information contained on the following:
133	133	29 (1) A driver's license.
134	134	30 (2) A learner's permit.
135	135	31 (3) An identification card.
136	136	32 The term does not include a driving privilege card issued under
137	137	33 IC 9-24-3.5, a commercial driver's license or commercial learner's
138	138	34 permit issued under IC 9-24-6.1, or a photo exempt identification card
139	139	35 issued under IC 9-24-16.5.
140	140	36 (b) Notwithstanding the July 1, 2021, effective date in HEA
141	141	37 1506-2019, SECTION 36 (P.L.178-2019), this section takes effect July
142	142	38 1, 2020 (rather than July 1, 2021).
143	143	39 SECTION 9. IC 9-14-6-5, AS ADDED BY P.L.198-2016,
144	144	40 SECTION 186, IS AMENDED TO READ AS FOLLOWS
145	145	41 [EFFECTIVE JULY 1, 2023]: Sec. 5. "Highly restricted personal
146	146	42 information" means the following information that identifies an
147	147	2023 IN 1644—LS 7106/DI 139 4
148	148	1 individual:
149	149	2 (1) Digital photograph or image.
150	150	3 (2) Social Security number.
151	151	4 (3) Individual taxpayer identification number.
152	152	5 (3) (4) Medical or disability information.
153	153	6 SECTION 10. IC 9-14-6-6, AS ADDED BY P.L.198-2016,
154	154	7 SECTION 186, IS AMENDED TO READ AS FOLLOWS
155	155	8 [EFFECTIVE JULY 1, 2023]: Sec. 6. "Personal information" means
156	156	9 information that identifies an individual, including an individual's:
157	157	10 (1) digital photograph or image;
158	158	11 (2) Social Security number;
159	159	12 (3) driver's license, driving privilege card, or identification
160	160	13 document number;
161	161	14 (4) name;
162	162	15 (5) address (but not the ZIP code);
163	163	16 (6) telephone number; or
164	164	17 (7) medical or disability information.
165	165	18 The term does not include information about vehicular accidents,
166	166	19 driving or equipment related violations, and or an individual's driver's
167	167	20 license, driving privilege card, or registration status.
168	168	21 SECTION 11. IC 9-14-8-3, AS ADDED BY P.L.198-2016,
169	169	22 SECTION 188, IS AMENDED TO READ AS FOLLOWS
170	170	23 [EFFECTIVE JULY 1, 2023]: Sec. 3. The bureau may do the
171	171	24 following:
172	172	25 (1) Adopt and enforce rules under IC 4-22-2 that are necessary to
173	173	26 carry out this title.
174	174	27 (2) Subject to the approval of the commission, request the
175	175	28 necessary office space, storage space, and parking facilities for
176	176	29 each license branch operated by the commission from the Indiana
177	177	30 department of administration as provided in IC 4-20.5-5-5.
178	178	31 (3) Upon any reasonable ground appearing on the records of the
179	179	32 bureau and subject to rules and guidelines of the bureau, suspend
180	180	33 or revoke the following:
181	181	34 (A) The current driving privileges or driver's license of any
182	182	35 individual.
183	183	36 (B) The current driving privileges or driving privilege card
184	184	37 of any individual.
185	185	38 (B) (C) The certificate of registration and proof of registration
186	186	39 for any vehicle.
187	187	40 (C) (D) The certificate of registration and proof of registration
188	188	41 for any watercraft, off-road vehicle, or snowmobile.
189	189	42 (4) With the approval of the commission, adopt rules under
190	190	2023 IN 1644—LS 7106/DI 139 5
191	191	1 IC 4-22-2 to do the following:
192	192	2 (A) Increase or decrease any fee or charge imposed under this
193	193	3 title.
194	194	4 (B) Impose a fee on any other service for which a fee is not
195	195	5 imposed under this article.
196	196	6 (C) Increase or decrease a fee imposed under clause (B).
197	197	7 (D) Designate the fund or account in which a:
198	198	8 (i) fee increase under clause (A) or (C); or
199	199	9 (ii) new fee under clause (B);
200	200	10 shall be deposited.
201	201	11 SECTION 12. IC 9-14-11-5, AS ADDED BY P.L.198-2016,
202	202	12 SECTION 191, IS AMENDED TO READ AS FOLLOWS
203	203	13 [EFFECTIVE JULY 1, 2023]: Sec. 5. The board shall provide the
204	204	14 commissioner and the office of traffic safety created by IC 9-27-2-2
205	205	15 with assistance in the administration of Indiana driver licensing laws,
206	206	16 including:
207	207	17 (1) providing guidance to the commissioner in the area of
208	208	18 licensing drivers with health or other problems that may adversely
209	209	19 affect a driver's ability to operate a vehicle safely;
210	210	20 (2) recommending factors to be used in determining qualifications
211	211	21 and ability for issuance and retention of a driver's license or
212	212	22 driving privilege card; and
213	213	23 (3) recommending and participating in the review of license and
214	214	24 driving privilege card suspension, restriction, or revocation
215	215	25 appeal procedures, including reasonable investigation into the
216	216	26 facts of the matter.
217	217	27 SECTION 13. IC 9-14-13-2, AS ADDED BY P.L.198-2016,
218	218	28 SECTION 193, IS AMENDED TO READ AS FOLLOWS
219	219	29 [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) The bureau shall not disclose:
220	220	30 (1) the Social Security number;
221	221	31 (2) the federal identification number;
222	222	32 (3) the driver's license or driving privilege card number;
223	223	33 (4) the digital image of the driver's license, driving privilege
224	224	34 card, identification card, or photo exempt identification card
225	225	35 applicant;
226	226	36 (5) a reproduction of the signature secured under IC 9-24-9-1,
227	227	37 IC 9-24-16-2, or IC 9-24-16.5-2; or
228	228	38 (6) medical or disability information;
229	229	39 (7) the individual taxpayer identification number;
230	230	40 (8) the type of credential held by an individual; or
231	231	41 (9) the renewal date of a driver's license or driving privilege
232	232	42 card;
233	233	2023 IN 1644—LS 7106/DI 139 6
234	234	1 of any individual except as provided in subsection subsections (b) and
235	235	2 (c).
236	236	3 (b) The bureau may disclose any information listed in subsection
237	237	4 (a)(2), (a)(3), (a)(4), (a)(5), or (a)(6):
238	238	5 (1) to a law enforcement officer;
239	239	6 (2) to an agent or a designee of the department of state revenue;
240	240	7 (3) for uses permitted under IC 9-14-13-7(1), IC 9-14-13-7(4),
241	241	8 IC 9-14-13-7(6), and IC 9-14-13-7(9); section 7(1), 7(4), 7(6),
242	242	9 and 7(9) of this chapter; or
243	243	10 (4) for voter registration and election purposes required under
244	244	11 IC 3-7 or IC 9-24-2.5.
245	245	12 (c) If the commissioner is presented with a lawful court order or
246	246	13 judicial warrant, the bureau may disclose any information listed in
247	247	14 subsection (a)(1), (a)(7), (a)(8), or (a)(9):
248	248	15 (1) to a law enforcement officer;
249	249	16 (2) to an agent or a designee of the department of state
250	250	17 revenue;
251	251	18 (3) for uses permitted under section 7(1), 7(4), 7(6), and 7(9)
252	252	19 of this chapter; or
253	253	20 (4) for voter registration and election purposes required
254	254	21 under IC 3-7 or IC 9-24-2.5.
255	255	22 SECTION 14. IC 9-14-13-7, AS ADDED BY P.L.198-2016,
256	256	23 SECTION 193, IS AMENDED TO READ AS FOLLOWS
257	257	24 [EFFECTIVE JULY 1, 2023]: Sec. 7. Except as provided in section
258	258	25 2(c) of this chapter, the bureau may disclose certain personal
259	259	26 information that is not highly restricted personal information, if the
260	260	27 person requesting the information provides proof of identity and
261	261	28 represents that the use of the personal information will be strictly
262	262	29 limited to at least one (1) of the following:
263	263	30 (1) For use by a government agency, including a court or law
264	264	31 enforcement agency, in carrying out its functions, or a person
265	265	32 acting on behalf of a government agency in carrying out its
266	266	33 functions.
267	267	34 (2) For use in connection with matters concerning:
268	268	35 (A) motor vehicle or driver safety and theft;
269	269	36 (B) motor vehicle emissions;
270	270	37 (C) motor vehicle product alterations, recalls, or advisories;
271	271	38 (D) performance monitoring of motor vehicles, motor vehicle
272	272	39 parts, and dealers;
273	273	40 (E) motor vehicle market research activities, including survey
274	274	41 research;
275	275	42 (F) the removal of nonowner records from the original owner
276	276	2023 IN 1644—LS 7106/DI 139 7
277	277	1 records of motor vehicle manufacturers; and
278	278	2 (G) motor fuel theft under IC 24-4.6-5.
279	279	3 (3) For use in the normal course of business by a business or its
280	280	4 agents, employees, or contractors, but only:
281	281	5 (A) to verify the accuracy of personal information submitted
282	282	6 by an individual to the business or its agents, employees, or
283	283	7 contractors; and
284	284	8 (B) if information submitted to a business is not correct or is
285	285	9 no longer correct, to obtain the correct information only for
286	286	10 purposes of preventing fraud by pursuing legal remedies
287	287	11 against, or recovering on a debt or security interest against, the
288	288	12 individual.
289	289	13 (4) For use in connection with a civil, a criminal, an
290	290	14 administrative, or an arbitration proceeding in a court or
291	291	15 government agency or before a self-regulatory body, including the
292	292	16 service of process, investigation in anticipation of litigation, and
293	293	17 the execution or enforcement of judgments and orders, or under
294	294	18 an order of a court.
295	295	19 (5) For use in research activities, and for use in producing
296	296	20 statistical reports, as long as the personal information is not
297	297	21 published, redisclosed, or used to contact the individuals who are
298	298	22 the subject of the personal information.
299	299	23 (6) For use by an insurer, an insurance support organization, or a
300	300	24 self-insured entity, or the agents, employees, or contractors of an
301	301	25 insurer, an insurance support organization, or a self-insured entity
302	302	26 in connection with claims investigation activities, anti-fraud
303	303	27 activities, rating, or underwriting.
304	304	28 (7) For use in providing notice to the owners of towed or
305	305	29 impounded vehicles.
306	306	30 (8) For use by a licensed private investigative agency or licensed
307	307	31 security service for a purpose allowed under this section.
308	308	32 (9) For use by an employer or its agent or insurer to obtain or
309	309	33 verify information relating to a holder of a commercial driver's
310	310	34 license that is required under the Commercial Motor Vehicle
311	311	35 Safety Act of 1986 (49 U.S.C. 31131 et seq.).
312	312	36 (10) For use in connection with the operation of private toll
313	313	37 transportation facilities.
314	314	38 (11) For any use in response to requests for individual motor
315	315	39 vehicle records when the bureau has obtained the written consent
316	316	40 of the person to whom the personal information pertains.
317	317	41 (12) For bulk distribution for surveys, marketing, or solicitations
318	318	42 when the bureau has obtained the written consent of the person to
319	319	2023 IN 1644—LS 7106/DI 139 8
320	320	1 whom the personal information pertains.
321	321	2 (13) For use by any person, when the person demonstrates, in a
322	322	3 form and manner prescribed by the bureau, that written consent
323	323	4 has been obtained from the individual who is the subject of the
324	324	5 information.
325	325	6 (14) For any other use specifically authorized by law that is
326	326	7 related to the operation of a motor vehicle or public safety.
327	327	8 However, this section does not affect the use of anatomical gift
328	328	9 information on a person's driver's license, driving privilege card, or
329	329	10 identification document issued by the bureau, nor does this section
330	330	11 affect the administration of anatomical gift initiatives in Indiana.
331	331	12 SECTION 15. IC 9-18.5-29-3, AS AMENDED BY P.L.118-2022,
332	332	13 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
333	333	14 JULY 1, 2023]: Sec. 3. (a) An individual who registers a vehicle under
334	334	15 this title may apply for and receive a Hoosier veteran license plate for
335	335	16 one (1) or more vehicles upon doing the following:
336	336	17 (1) Completing an application for a Hoosier veteran license plate.
337	337	18 (2) Presenting one (1) of the following to the bureau:
338	338	19 (A) A United States Uniformed Services Retiree Identification
339	339	20 Card.
340	340	21 (B) A DD 214 or DD 215 record.
341	341	22 (C) United States military discharge papers.
342	342	23 (D) A current armed forces identification card.
343	343	24 (E) Except for a driving privilege card issued under
344	344	25 IC 9-24-3.5, a credential issued to the individual that contains
345	345	26 an indication of veteran status under IC 9-24-11-5.5.
346	346	27 (3) Paying a fee in an amount of fifteen dollars ($15).
347	347	28 (b) The bureau shall distribute at least one (1) time each month the
348	348	29 fee described in subsection (a)(3) to the director of veterans' affairs for
349	349	30 deposit in the military family relief fund established under
350	350	31 IC 10-17-12-8.
351	351	32 SECTION 16. IC 9-21-8-52, AS AMENDED BY P.L.144-2019,
352	352	33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
353	353	34 JULY 1, 2023]: Sec. 52. (a) A person who operates a vehicle and who
354	354	35 recklessly:
355	355	36 (1) drives at such an unreasonably high rate of speed or at such an
356	356	37 unreasonably low rate of speed under the circumstances as to:
357	357	38 (A) endanger the safety or the property of others; or
358	358	39 (B) block the proper flow of traffic;
359	359	40 (2) passes another vehicle from the rear while on a slope or on a
360	360	41 curve where vision is obstructed for a distance of less than five
361	361	42 hundred (500) feet ahead;
362	362	2023 IN 1644—LS 7106/DI 139 9
363	363	1 (3) drives in and out of a line of traffic, except as otherwise
364	364	2 permitted; or
365	365	3 (4) speeds up or refuses to give one-half (1/2) of the roadway to
366	366	4 a driver overtaking and desiring to pass;
367	367	5 commits a Class C misdemeanor. However, the offense is a Class A
368	368	6 misdemeanor if it causes bodily injury to a person.
369	369	7 (b) A person who operates a vehicle and who recklessly passes a
370	370	8 school bus stopped on a roadway or a private road when the arm signal
371	371	9 device specified in IC 9-21-12-13 is in the device's extended position
372	372	10 commits a Class A misdemeanor. However, the offense is a Level 6
373	373	11 felony if it causes bodily injury to a person, and a Level 5 felony if it
374	374	12 causes the death of a person.
375	375	13 (c) If an offense under subsection (a) results in damage to the
376	376	14 property of another person, it is a Class B misdemeanor and the court
377	377	15 may recommend the suspension of the current driving license or
378	378	16 driving privilege card of the person convicted of the offense described
379	379	17 in subsection (a) for a fixed period of not more than one (1) year.
380	380	18 (d) If an offense under subsection (a) causes bodily injury to a
381	381	19 person, the court may recommend the suspension of the driving
382	382	20 privileges of the person convicted of the offense described in this
383	383	21 subsection for a fixed period of not more than one (1) year.
384	384	22 (e) In addition to any other penalty imposed under subsection (b),
385	385	23 the court may suspend the person's driving privileges:
386	386	24 (1) for ninety (90) days; or
387	387	25 (2) if the person has committed at least one (1) previous offense
388	388	26 under this section or IC 9-21-12-1, for one (1) year.
389	389	27 SECTION 17. IC 9-21-11-12, AS AMENDED BY P.L.111-2021,
390	390	28 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
391	391	29 JULY 1, 2023]: Sec. 12. A motor driven cycle may not be operated
392	392	30 under any of the following conditions:
393	393	31 (1) By an individual less than fifteen (15) years of age.
394	394	32 (2) By an individual who does not have:
395	395	33 (A) an unexpired identification card with a motor driven cycle
396	396	34 endorsement issued to the individual by the bureau under
397	397	35 IC 9-24-16;
398	398	36 (B) a valid driver's license or driving privilege card; or
399	399	37 (C) a valid learner's permit.
400	400	38 (3) On an interstate highway or a sidewalk.
401	401	39 (4) At a speed greater than thirty-five (35) miles per hour.
402	402	40 (5) The vehicle has not been registered as a motor driven cycle.
403	403	41 SECTION 18. IC 9-24-1-1, AS AMENDED BY P.L.111-2021,
404	404	42 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
405	405	2023 IN 1644—LS 7106/DI 139 10
406	406	1 JULY 1, 2023]: Sec. 1. (a) Except as provided in section 7 of this
407	407	2 chapter, an individual must have a valid:
408	408	3 (1) driver's license; or
409	409	4 (2) permit;
410	410	5 including any necessary endorsements, issued to the individual by the
411	411	6 bureau to operate upon a highway the type of motor vehicle for which
412	412	7 the driver's license, endorsement, or permit was issued.
413	413	8 (b) An individual must have:
414	414	9 (1) an unexpired identification card with a motor driven cycle
415	415	10 endorsement issued to the individual by the bureau under
416	416	11 IC 9-24-16;
417	417	12 (2) a valid driver's license or driving privilege card; or
418	418	13 (3) a valid learner's permit;
419	419	14 to operate a motor driven cycle upon a highway.
420	420	15 (c) An individual who violates this section commits a Class C
421	421	16 infraction.
422	422	17 SECTION 19. IC 9-24-2-1, AS AMENDED BY P.L.111-2021,
423	423	18 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
424	424	19 JULY 1, 2023]: Sec. 1. (a) The bureau shall suspend the driving
425	425	20 privileges or invalidate the learner's permit or driving privilege card
426	426	21 of an individual who is at least fifteen (15) years of age and less than
427	427	22 eighteen (18) years of age and meets any of the following conditions:
428	428	23 (1) Is a habitual truant under IC 20-33-2-11.
429	429	24 (2) Is under at least a second suspension from school for the
430	430	25 school year under IC 20-33-8-14 or IC 20-33-8-15.
431	431	26 (3) Is under an expulsion from school under IC 20-33-8-14,
432	432	27 IC 20-33-8-15, or IC 20-33-8-16.
433	433	28 (4) Is considered a dropout under IC 20-33-2-28.5.
434	434	29 (b) At least five (5) days before holding an exit interview under
435	435	30 IC 20-33-2-28.5, the school corporation shall give notice by certified
436	436	31 mail or personal delivery to the student, the student's parent, or the
437	437	32 student's guardian that the student's failure to attend an exit interview
438	438	33 under IC 20-33-2-28.5 or return to school if the student does not meet
439	439	34 the requirements to withdraw from school under IC 20-33-2-28.5 may
440	440	35 result in the revocation or denial of the student's:
441	441	36 (1) driver's license, or learner's permit, or driving privilege card;
442	442	37 and
443	443	38 (2) employment certificate issued under IC 22-2-18 (before its
444	444	39 expiration on June 30, 2021).
445	445	40 SECTION 20. IC 9-24-2-2, AS AMENDED BY P.L.125-2012,
446	446	41 SECTION 167, IS AMENDED TO READ AS FOLLOWS
447	447	42 [EFFECTIVE JULY 1, 2023]: Sec. 2. The bureau shall suspend the
448	448	2023 IN 1644—LS 7106/DI 139 11
449	449	1 driving privileges or invalidate the learner's permit or driving
450	450	2 privilege card of an individual less than eighteen (18) years of age
451	451	3 who is under an order entered by a juvenile court under IC 31-37-19-13
452	452	4 through IC 31-37-19-17 (or IC 31-6-4-15.9(d), IC 31-6-4-15.9(e), or
453	453	5 IC 31-6-4-15.9(f) before their repeal).
454	454	6 SECTION 21. IC 9-24-2-2.5, AS AMENDED BY P.L.257-2017,
455	455	7 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
456	456	8 JULY 1, 2023]: Sec. 2.5. (a) The bureau shall suspend the driving
457	457	9 privileges or invalidate the learner's permit or driving privilege card
458	458	10 of an individual who is under an order entered by a court under
459	459	11 IC 35-43-1-2(d).
460	460	12 (b) The bureau shall suspend the driving privileges or invalidate the
461	461	13 learner's permit or driving privilege card of an individual who is the
462	462	14 subject of an order issued under IC 31-37-19-17 (or IC 31-6-4-15.9(f)
463	463	15 before its repeal) or IC 35-43-1-2(d).
464	464	16 SECTION 22. IC 9-24-2-3, AS AMENDED BY P.L.118-2022,
465	465	17 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
466	466	18 JULY 1, 2023]: Sec. 3. (a) The bureau may not issue a driver's license,
467	467	19 or learner's permit, or driving privilege card or grant driving
468	468	20 privileges to the following individuals:
469	469	21 (1) An individual whose driving privileges have been suspended,
470	470	22 during the period for which the driving privileges are suspended,
471	471	23 or to an individual whose driver's license or driving privilege
472	472	24 card has been revoked, until the time the bureau is authorized
473	473	25 under Indiana law to issue the individual a new driver's license or
474	474	26 driving privilege card.
475	475	27 (2) An individual whose learner's permit or driving privilege
476	476	28 card has been suspended or revoked until the time the bureau is
477	477	29 authorized under Indiana law to issue the individual a new
478	478	30 learner's permit or driving privilege card.
479	479	31 (3) An individual who, in the opinion of the bureau, is afflicted
480	480	32 with or suffering from a physical or mental disability or disease
481	481	33 that prevents the individual from exercising reasonable and
482	482	34 ordinary control over a motor vehicle while operating the motor
483	483	35 vehicle on a highway.
484	484	36 (4) An individual who is unable to understand highway warnings
485	485	37 or direction signs written in the English language.
486	486	38 (5) An individual who is required under this article to take an
487	487	39 examination unless:
488	488	40 (A) the individual successfully passes the examination; or
489	489	41 (B) the bureau waives the examination requirement.
490	490	42 (6) An individual who is required under IC 9-25 or any other
491	491	2023 IN 1644—LS 7106/DI 139 12
492	492	1 statute to deposit or provide proof of financial responsibility and
493	493	2 who has not deposited or provided that proof.
494	494	3 (7) An individual when the bureau has good cause to believe that
495	495	4 the operation of a motor vehicle on a highway by the individual
496	496	5 would be inimical to public safety or welfare.
497	497	6 (8) An individual who is the subject of an order issued by:
498	498	7 (A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13,
499	499	8 IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or
500	500	9 (B) the Title IV-D agency;
501	501	10 ordering that a driver's license or permit not be issued to the
502	502	11 individual.
503	503	12 (9) This subdivision does not apply to a driving privilege card
504	504	13 and any driving privileges authorized by a driving privilege
505	505	14 card. An individual who has not presented valid documentary
506	506	15 evidence to the bureau of the individual's legal status in the
507	507	16 United States, as required by IC 9-24-9-2.5.
508	508	17 (10) An individual who does not otherwise satisfy the
509	509	18 requirements of this article.
510	510	19 (b) An individual subject to epileptic seizures may not be denied a
511	511	20 driver's license or permit under this section if the individual presents
512	512	21 a statement from a licensed physician or an advanced practice
513	513	22 registered nurse, on a form prescribed by the bureau, that the individual
514	514	23 is under medication and is free from seizures while under medication.
515	515	24 SECTION 23. IC 9-24-2-4, AS AMENDED BY P.L.111-2021,
516	516	25 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
517	517	26 JULY 1, 2023]: Sec. 4. (a) If an individual is at least fifteen (15) years
518	518	27 of age and less than eighteen (18) years of age and is a habitual truant,
519	519	28 is under a suspension or an expulsion, or has withdrawn from school as
520	520	29 described in section 1 of this chapter, the bureau shall, upon
521	521	30 notification by an authorized representative of the individual's school
522	522	31 corporation, suspend the individual's driving privileges until the
523	523	32 earliest of the following:
524	524	33 (1) The individual becomes eighteen (18) years of age.
525	525	34 (2) One hundred twenty (120) days after the individual is
526	526	35 suspended.
527	527	36 (3) The suspension, expulsion, or exclusion is reversed after the
528	528	37 individual has had a hearing under IC 20-33-8.
529	529	38 (b) The bureau shall promptly mail a notice to the individual's last
530	530	39 known address that states the following:
531	531	40 (1) That the individual's driving privileges will be suspended for
532	532	41 a specified period commencing five (5) days after the date of the
533	533	42 notice.
534	534	2023 IN 1644—LS 7106/DI 139 13
535	535	1 (2) That the individual has the right to appeal the suspension of
536	536	2 the driving privileges.
537	537	3 (c) If an aggrieved individual believes that:
538	538	4 (1) the information provided was technically incorrect; or
539	539	5 (2) the bureau committed a technical or procedural error;
540	540	6 the aggrieved individual may appeal the invalidation of a driver's
541	541	7 license or driving privilege card under section 5 of this chapter.
542	542	8 (d) If an individual satisfies the conditions for reinstatement of a
543	543	9 driver's license the individual's driving privileges under this section,
544	544	10 the individual may submit to the bureau for review the necessary
545	545	11 information certifying that at least one (1) of the events described in
546	546	12 subsection (a) has occurred.
547	547	13 (e) Upon reviewing and certifying the information received under
548	548	14 subsection (d), the bureau shall reinstate the individual's driving
549	549	15 privileges.
550	550	16 (f) An individual may not operate a motor vehicle in violation of this
551	551	17 section.
552	552	18 (g) An individual whose driving privileges are suspended under this
553	553	19 section is eligible to apply for specialized driving privileges under
554	554	20 IC 9-30-16.
555	555	21 (h) The bureau shall reinstate the driving privileges of an individual
556	556	22 whose driving privileges were suspended under this section if the
557	557	23 individual does the following:
558	558	24 (1) Establishes to the satisfaction of the principal of the school
559	559	25 where the action occurred that caused the suspension of the
560	560	26 driving privileges that the individual has:
561	561	27 (A) enrolled in a full-time or part-time program of education;
562	562	28 and
563	563	29 (B) participated for thirty (30) or more days in the program of
564	564	30 education.
565	565	31 (2) Submits to the bureau a form developed by the bureau that
566	566	32 contains:
567	567	33 (A) the verified signature of the principal or the president of
568	568	34 the governing body of the school described in subdivision (1);
569	569	35 and
570	570	36 (B) notification to the bureau that the person has complied
571	571	37 with subdivision (1).
572	572	38 An individual may appeal the decision of a principal under subdivision
573	573	39 (1) to the governing body of the school corporation where the
574	574	40 principal's school is located.
575	575	41 SECTION 24. IC 9-24-3.5 IS ADDED TO THE INDIANA CODE
576	576	42 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
577	577	2023 IN 1644—LS 7106/DI 139 14
578	578	1 JULY 1, 2023]:
579	579	2 Chapter 3.5. Driving Privilege Card
580	580	3 Sec. 1. An individual who:
581	581	4 (1) is not a citizen of the United States;
582	582	5 (2) is unable to present the valid documentary evidence
583	583	6 required by IC 9-24-9-2.5; and
584	584	7 (3) provides to the bureau proof of paid income taxes in
585	585	8 Indiana for at least the calendar year preceding the
586	586	9 application with the bureau;
587	587	10 may apply to the bureau for a driving privilege card.
588	588	11 Sec. 2. The bureau shall issue a driving privilege card to an
589	589	12 individual who meets the following conditions:
590	590	13 (1) Has held a valid driving privilege card learner's permit
591	591	14 issued under section 3 of this chapter in accordance with the
592	592	15 requirements under section 5 of this chapter regarding
593	593	16 holding a valid driving privilege card learner's permit.
594	594	17 (2) Satisfies the age requirements set forth in section 5 of this
595	595	18 chapter.
596	596	19 (3) Makes proper application to the bureau under section 4 of
597	597	20 this chapter upon a form prescribed by the bureau. The form
598	598	21 must include an attestation concerning the number of hours
599	599	22 of supervised driving practice that the individual has
600	600	23 completed if the individual is required under section 5 of this
601	601	24 chapter to complete a certain number of hours of supervised
602	602	25 driving practice in order to receive a driving privilege card.
603	603	26 The:
604	604	27 (A) parent or guardian of an applicant less than eighteen
605	605	28 (18) years of age; or
606	606	29 (B) applicant, if the applicant is at least eighteen (18) years
607	607	30 of age;
608	608	31 shall attest in writing under penalty of perjury to the time
609	609	32 logged in practice driving.
610	610	33 (4) Submits fingerprints for a local and national criminal
611	611	34 background check.
612	612	35 (5) Satisfactorily passes the examination and tests required
613	613	36 for issuance of a driving privilege card under section 6 of this
614	614	37 chapter.
615	615	38 (6) Pays the fee prescribed by section 7 of this chapter.
616	616	39 Sec. 3. (a) A driving privilege card learner's permit may be used
617	617	40 only as the basis to acquire a driving privilege card under this
618	618	41 chapter.
619	619	42 (b) The fee for a driving privilege card learner's permit is nine
620	620	2023 IN 1644—LS 7106/DI 139 15
621	621	1 dollars ($9). The fee shall be distributed as follows:
622	622	2 (1) Twenty-five cents ($0.25) to the motor vehicle highway
623	623	3 account.
624	624	4 (2) Fifty cents ($0.50) to the state motor vehicle technology
625	625	5 fund.
626	626	6 (3) Two dollars ($2) to the crossroads 2000 fund.
627	627	7 (4) One dollar and twenty-five cents ($1.25) to the integrated
628	628	8 public safety communications fund.
629	629	9 (5) Five dollars ($5) to the commission fund.
630	630	10 (c) A fee described in subsection (b) may not be charged to an
631	631	11 individual who:
632	632	12 (1) is under the care and supervision of the department of
633	633	13 child services; or
634	634	14 (2) represents, pursuant to IC 31-36-3-4(b), a homeless youth
635	635	15 (as defined in IC 31-36-3-4) and presents a fee and consent
636	636	16 waiver affidavit described in IC 31-36-3-4(c);
637	637	17 and meets all other requirements for a driving privilege card
638	638	18 learner's permit under this section.
639	639	19 (d) Except as provided in this chapter, a driving privilege card
640	640	20 learner's permit authorizes the holder to operate a motor vehicle,
641	641	21 except a motor driven cycle, motorcycle, or a commercial motor
642	642	22 vehicle, upon a highway under the following conditions:
643	643	23 (1) While the holder is participating in supervised driving
644	644	24 practice in an approved driver education course and is
645	645	25 accompanied in the front seat of the motor vehicle by an
646	646	26 individual with valid driving privileges who:
647	647	27 (A) is licensed as a driver education instructor under
648	648	28 IC 9-27-6-8 and is working under the authority of a driver
649	649	29 training school described in IC 9-27-6-3(a)(2); or
650	650	30 (B) is a certified driver rehabilitation specialist recognized
651	651	31 by the bureau who is employed through a driver
652	652	32 rehabilitation program.
653	653	33 (2) While the holder is participating in supervised driving
654	654	34 practice after having commenced an approved driver
655	655	35 education course and is accompanied in the front seat of the
656	656	36 motor vehicle by an individual with valid driving privileges
657	657	37 who is at least:
658	658	38 (A) twenty-five (25) years of age and related to the
659	659	39 applicant by blood, marriage, or legal status; or
660	660	40 (B) if the licensed individual is the holder's spouse,
661	661	41 twenty-one (21) years of age.
662	662	42 (3) If the holder is not participating in an approved driver
663	663	2023 IN 1644—LS 7106/DI 139 16
664	664	1 education course and is less than eighteen (18) years of age,
665	665	2 the holder may participate in supervised driving practice if
666	666	3 accompanied in the front seat of the motor vehicle by an
667	667	4 individual who is:
668	668	5 (A) a licensed driver, with valid driving privileges, who is:
669	669	6 (i) at least twenty-five (25) years of age; and
670	670	7 (ii) related to the applicant by blood, marriage, or legal
671	671	8 status;
672	672	9 (B) the spouse of the applicant who is:
673	673	10 (i) a licensed driver with valid driving privileges; and
674	674	11 (ii) at least twenty-one (21) years of age; or
675	675	12 (C) an individual with valid driving privileges who:
676	676	13 (i) is licensed as a driver education instructor under
677	677	14 IC 9-27-6-8 and is working under the authority of a
678	678	15 driver training school described in IC 9-27-6-3(a)(2); or
679	679	16 (ii) is a certified driver rehabilitation specialist
680	680	17 recognized by the bureau who is employed through a
681	681	18 driver rehabilitation program.
682	682	19 (4) If the holder is not participating in an approved driver
683	683	20 education course and is at least eighteen (18) years of age, the
684	684	21 holder may participate in supervised driving practice if
685	685	22 accompanied in the front seat of the motor vehicle by an
686	686	23 individual who is:
687	687	24 (A) a licensed driver, with valid driving privileges, who is
688	688	25 at least twenty-five (25) years of age; or
689	689	26 (B) the spouse of the applicant who is:
690	690	27 (i) a licensed driver with valid driving privileges; and
691	691	28 (ii) at least twenty-one (21) years of age.
692	692	29 (5) If the holder is less than eighteen (18) years of age and is
693	693	30 under the care and supervision of the department of child
694	694	31 services, the holder may participate in supervised driving
695	695	32 practice if accompanied in the front seat of the motor vehicle
696	696	33 by an individual who is:
697	697	34 (A) a licensed driver with valid driving privileges who is:
698	698	35 (i) at least twenty-five (25) years of age; and
699	699	36 (ii) related to the applicant by blood, marriage, or legal
700	700	37 status;
701	701	38 (B) a licensed driver with valid driving privileges who is:
702	702	39 (i) at least twenty-five (25) years of age; and
703	703	40 (ii) approved by the department of child services; or
704	704	41 (C) an individual with valid driving privileges who is:
705	705	42 (i) licensed as a driver education instructor under
706	706	2023 IN 1644—LS 7106/DI 139 17
707	707	1 IC 9-27-6-8 and is working under the authority of a
708	708	2 driver training school described in IC 9-27-6-3(a)(2); or
709	709	3 (ii) a certified driver rehabilitation specialist recognized
710	710	4 by the bureau who is employed through a driver
711	711	5 rehabilitation program.
712	712	6 (e) A holder of a driving privilege card learner's permit may
713	713	7 take the skills examination for a driving privilege card not later
714	714	8 than the expiration date of the driving privilege card learner's
715	715	9 permit.
716	716	10 (f) A holder of a driving privilege card learner's permit who
717	717	11 does not pass the skills examination after a third attempt is not
718	718	12 eligible to take the examination until two (2) months after the date
719	719	13 of the last failed examination.
720	720	14 (g) The bureau shall publish the following:
721	721	15 (1) An online driving guide that may be used by the holder of
722	722	16 a driving privilege card learner's permit and the parent of the
723	723	17 holder of a driving privilege card learner's permit, if
724	724	18 applicable.
725	725	19 (2) An online log that must be completed to show evidence of
726	726	20 the completion of the hours of supervised driving practice
727	727	21 required under section 5(a)(1)(E) or 5(a)(2)(D) of this chapter,
728	728	22 as applicable.
729	729	23 (h) Except for an individual described in subsection (c), in
730	730	24 addition to applicable fees collected under this section for a driving
731	731	25 privilege card learner's permit, the bureau shall collect a
732	732	26 supplemental fee of fifty dollars ($50) for an individual to obtain a
733	733	27 driving privilege card learner's permit.
734	734	28 (i) A driving privilege card learner's permit expires one (1) year
735	735	29 after the date of issuance.
736	736	30 Sec. 4. (a) An applicant for a driving privilege card must apply
737	737	31 in person at a license branch.
738	738	32 (b) Except as provided in subsection (c), each application for a
739	739	33 driving privilege card or driving privilege card learner's permit
740	740	34 under this chapter must require the following information:
741	741	35 (1) The full legal name of the applicant.
742	742	36 (2) The applicant's date of birth.
743	743	37 (3) The gender of the applicant.
744	744	38 (4) The applicant's height, weight, hair color, and eye color.
745	745	39 (5) The address of the applicant.
746	746	40 (6) A valid individual taxpayer identification number for the
747	747	41 applicant.
748	748	42 (7) Whether the applicant has been subject to fainting spells
749	749	2023 IN 1644—LS 7106/DI 139 18
750	750	1 or seizures.
751	751	2 (8) Whether the applicant has been issued a previous
752	752	3 credential that conferred driving privileges, and if so, when
753	753	4 and by what jurisdiction.
754	754	5 (9) Whether the applicant's driving privilege card has ever
755	755	6 been suspended or revoked, and if so, the date of and the
756	756	7 reason for the suspension or revocation.
757	757	8 (10) Whether the applicant has been convicted of:
758	758	9 (A) a crime punishable as a felony under Indiana motor
759	759	10 vehicle law; or
760	760	11 (B) any other felony in the commission of which a motor
761	761	12 vehicle was used;
762	762	13 that has not been expunged by a court.
763	763	14 (11) Whether the applicant has a physical or mental disability,
764	764	15 and if so, the nature of the disability.
765	765	16 (12) The signature of the applicant showing the applicant's
766	766	17 legal name as it appears or will appear on the driving
767	767	18 privilege card.
768	768	19 (13) A digital photograph of the applicant.
769	769	20 (14) Any other information the bureau requires.
770	770	21 (c) For purposes of subsection (b), an individual certified as a
771	771	22 participant in the address confidentiality program under IC 5-26.5
772	772	23 is not required to provide the individual's address, but may
773	773	24 provide an address designated by the office of the attorney general
774	774	25 under IC 5-26.5 as the individual's address.
775	775	26 (d) In addition to the information required by subsection (b), an
776	776	27 applicant who is required to complete at least fifty (50) hours of
777	777	28 supervised driving practice under section 5(a)(1)(E) or 5(a)(2)(D)
778	778	29 of this chapter must submit to the bureau evidence of the time
779	779	30 logged in supervised driving practice.
780	780	31 (e) An applicant for a driving privilege card under this chapter
781	781	32 must provide the bureau with:
782	782	33 (1) documentation of residence in Indiana under subsection
783	783	34 (g); and
784	784	35 (2) documentation of identity under subsection (f).
785	785	36 (f) An applicant for a driving privilege card under this chapter
786	786	37 must provide the bureau with the documentation in either
787	787	38 subdivision (1) or (2) as proof of identity:
788	788	39 (1) One (1) of the following documents:
789	789	40 (A) A valid, unexpired foreign passport.
790	790	41 (B) A certified copy of a government issued birth
791	791	42 certificate with a certified professional English translation
792	792	2023 IN 1644—LS 7106/DI 139 19
793	793	1 or English subtitles if the document is not already written
794	794	2 in English.
795	795	3 (2) Two (2) of the following documents:
796	796	4 (A) A foreign birth certificate, including a certified
797	797	5 professional translation if the document is not already
798	798	6 written in English.
799	799	7 (B) A matriarchal consular card issued by the state of
800	800	8 Indiana.
801	801	9 (C) Court records from a court having jurisdiction in the
802	802	10 United States.
803	803	11 (D) A foreign driver's license, including a certified
804	804	12 professional translation if the document is not already
805	805	13 written in English.
806	806	14 (E) A Mexican voter registration card.
807	807	15 (F) School records from a school in the United States.
808	808	16 (G) A driving privilege card issued by the state.
809	809	17 (g) An applicant for a driving privilege card under this chapter
810	810	18 must provide the bureau with the documentation in subdivisions
811	811	19 (1) and (2) as proof of residency in Indiana as follows:
812	812	20 (1) One (1) of the following documents:
813	813	21 (A) A signed Social Security card issued by the Social
814	814	22 Security Administration.
815	815	23 (B) A W-2 form.
816	816	24 (C) An SSA-1099 form.
817	817	25 (D) A 1099 form that is not an SSA 1099 form.
818	818	26 (E) A pay stub showing the applicant's name and full
819	819	27 Social Security number.
820	820	28 (F) The individual taxpayer identification number issued
821	821	29 by the Internal Revenue Service.
822	822	30 (G) A document or letter from the Internal Revenue
823	823	31 Service verifying the individual taxpayer identification
824	824	32 number.
825	825	33 (2) Two (2) of the following documents:
826	826	34 (A) A bank statement.
827	827	35 (B) Court documents.
828	828	36 (C) A current mortgage or rental contract.
829	829	37 (D) A major credit card bill.
830	830	38 (E) A property tax notice statement or receipt.
831	831	39 (F) A school transcript.
832	832	40 (G) A utility bill.
833	833	41 (H) A motor vehicle bill.
834	834	42 (h) A driving privilege card may not include an endorsement
835	835	2023 IN 1644—LS 7106/DI 139 20
836	836	1 issued by the bureau under IC 9-24-8-4 (before its expiration) or
837	837	2 IC 9-24-8.5.
838	838	3 Sec. 5. (a) An individual must satisfy the requirements set forth
839	839	4 in one (1) of the following to receive a driving privilege card:
840	840	5 (1) The individual meets the following conditions:
841	841	6 (A) Is at least sixteen (16) years and ninety (90) days of age.
842	842	7 (B) Has held a valid driving privilege card learner's permit
843	843	8 for at least one hundred eighty (180) days.
844	844	9 (C) Obtains an instructor's certification that the individual
845	845	10 has satisfactorily completed an approved driver education
846	846	11 course.
847	847	12 (D) Passes the required examinations.
848	848	13 (E) Completes at least fifty (50) hours of supervised driving
849	849	14 practice, of which at least ten (10) hours are nighttime
850	850	15 driving, as provided in subsection (b).
851	851	16 (2) The individual meets the following conditions:
852	852	17 (A) Is at least sixteen (16) years and two hundred seventy
853	853	18 (270) days of age.
854	854	19 (B) Has held a valid driving privilege card learner's permit
855	855	20 for at least one hundred eighty (180) days.
856	856	21 (C) Passes the required examinations.
857	857	22 (D) Completes at least fifty (50) hours of supervised
858	858	23 driving practice, of which at least ten (10) hours are
859	859	24 nighttime driving, as provided in subsection (b).
860	860	25 (3) The individual meets the following conditions:
861	861	26 (A) Is at least sixteen (16) years and one hundred eighty
862	862	27 (180) days of age but less than eighteen (18) years of age.
863	863	28 (B) Has previously been a nonresident of Indiana, but at
864	864	29 the time of application, qualifies as an Indiana resident.
865	865	30 (C) Has held for at least one hundred eighty (180) days a
866	866	31 valid driver's license, excluding a learner's permit or the
867	867	32 equivalent, in the state or a combination of states in which
868	868	33 the individual formerly resided.
869	869	34 (D) Passes the required examinations.
870	870	35 (4) The individual meets the following conditions:
871	871	36 (A) Is at least eighteen (18) years of age.
872	872	37 (B) Has previously been a nonresident of Indiana, but at
873	873	38 the time of application, qualifies as an Indiana resident.
874	874	39 (C) Held a valid driver's license, excluding a learner's
875	875	40 permit or the equivalent, from the state of prior residence.
876	876	41 (D) Passes the required examinations.
877	877	42 (5) The individual meets the following conditions:
878	878	2023 IN 1644—LS 7106/DI 139 21
879	879	1 (A) Is at least eighteen (18) years of age.
880	880	2 (B) Is a person with a disability.
881	881	3 (C) Has successfully completed driver rehabilitation
882	882	4 training by a certified driver rehabilitation specialist
883	883	5 recognized by the bureau.
884	884	6 (D) Passes the required examinations.
885	885	7 (b) An applicant who is required to complete at least fifty (50)
886	886	8 hours of supervised driving practice under subsection (a)(1)(E) or
887	887	9 (a)(2)(D) must do the following:
888	888	10 (1) If the applicant is less than eighteen (18) years of age,
889	889	11 complete the supervised driving practice with:
890	890	12 (A) a licensed driver, with valid driving privileges, who is:
891	891	13 (i) at least twenty-five (25) years of age; and
892	892	14 (ii) related to the applicant by blood, marriage, or legal
893	893	15 status;
894	894	16 (B) the spouse of the applicant who is:
895	895	17 (i) a licensed driver with valid driving privileges; and
896	896	18 (ii) at least twenty-one (21) years of age; or
897	897	19 (C) an individual with valid driving privileges who:
898	898	20 (i) is licensed as a driver education instructor under
899	899	21 IC 9-27-6-8 and is working under the authority of a
900	900	22 driver training school described in IC 9-27-6-3(a)(2); or
901	901	23 (ii) is a certified driver rehabilitation specialist
902	902	24 recognized by the bureau who is employed through a
903	903	25 driver rehabilitation program.
904	904	26 (2) If the applicant is at least eighteen (18) years of age,
905	905	27 complete the supervised driving practice with:
906	906	28 (A) a licensed driver, with valid driving privileges, who is
907	907	29 at least twenty-five (25) years of age; or
908	908	30 (B) the spouse of the applicant who is:
909	909	31 (i) a licensed driver with valid driving privileges; and
910	910	32 (ii) at least twenty-one (21) years of age.
911	911	33 (3) If the applicant is less than eighteen (18) years of age and
912	912	34 is under the care and supervision of the department of child
913	913	35 services, complete the supervised driving practice with:
914	914	36 (A) a licensed driver with valid driving privileges who is:
915	915	37 (i) at least twenty-five (25) years of age; and
916	916	38 (ii) related to the applicant by blood, marriage, or legal
917	917	39 status;
918	918	40 (B) a licensed driver with valid driving privileges who is:
919	919	41 (i) at least twenty-five (25) years of age; and
920	920	42 (ii) approved by the department of child services; or
921	921	2023 IN 1644—LS 7106/DI 139 22
922	922	1 (C) an individual with valid driving privileges who is:
923	923	2 (i) licensed as a driver education instructor under
924	924	3 IC 9-27-6-8 and is working under the authority of a
925	925	4 driver training school described in IC 9-27-6-3(a)(2); or
926	926	5 (ii) a certified driver rehabilitation specialist recognized
927	927	6 by the bureau who is employed through a driver
928	928	7 rehabilitation program.
929	929	8 (4) Submit to the commission under IC 9-24-9-2(c) evidence
930	930	9 of the time logged in supervised driving practice.
931	931	10 Sec. 6. (a) Except as provided in subsection (c), an examination
932	932	11 for a driving privilege card must include the following:
933	933	12 (1) A test of the following of the applicant:
934	934	13 (A) Eyesight.
935	935	14 (B) Ability to read and understand highway signs
936	936	15 regulating, warning, and directing traffic.
937	937	16 (C) Knowledge of Indiana traffic laws, including
938	938	17 IC 9-26-1-1.5 and IC 9-21-12-1.
939	939	18 (2) An actual demonstration of the applicant's skill in
940	940	19 exercising ordinary and reasonable control in the operation
941	941	20 of a motor vehicle under the driving privilege card learner's
942	942	21 permit or driving privilege card.
943	943	22 (b) The examination may include further physical and mental
944	944	23 examinations that the bureau finds necessary to determine the
945	945	24 applicant's fitness to operate a motor vehicle safely upon a
946	946	25 highway. The applicant must provide the motor vehicle used in the
947	947	26 examination. An autocycle may not be used as the motor vehicle
948	948	27 provided for the examination.
949	949	28 (c) The bureau may waive:
950	950	29 (1) the testing required under subsection (a)(1)(A) if the
951	951	30 applicant provides evidence from a licensed ophthalmologist
952	952	31 or licensed optometrist that the applicant's vision is fit to
953	953	32 operate a motor vehicle in a manner that does not jeopardize
954	954	33 the safety of individuals or property;
955	955	34 (2) the actual demonstration required under subsection (a)(2)
956	956	35 for an individual who has passed:
957	957	36 (A) a driver's education class and a skills test given by a
958	958	37 driver training school;
959	959	38 (B) a driver education program given by an entity licensed
960	960	39 under IC 9-27; or
961	961	40 (C) a skills assessment conducted by a third party
962	962	41 approved by the bureau;
963	963	42 (3) the testing, other than eyesight testing under subsection
964	964	2023 IN 1644—LS 7106/DI 139 23
965	965	1 (a)(1)(A), of an applicant who has passed:
966	966	2 (A) an examination concerning:
967	967	3 (i) subsection (a)(1)(B); and
968	968	4 (ii) subsection (a)(1)(C); and
969	969	5 (B) a skills test;
970	970	6 given by a driver training school or an entity licensed under
971	971	7 IC 9-27; and
972	972	8 (4) the testing, other than the eyesight testing described in
973	973	9 subsection (a)(1)(A), of an applicant who:
974	974	10 (A) is at least eighteen (18) years of age;
975	975	11 (B) was previously a nonresident but now qualifies as an
976	976	12 Indiana resident at the time of application; and
977	977	13 (C) holds a valid driver's license, excluding a learner's
978	978	14 permit or its equivalent, from the applicant's state of prior
979	979	15 residence.
980	980	16 (d) The following are not civilly or criminally liable for a report
981	981	17 made in good faith to the bureau, commission, or driver licensing
982	982	18 medical advisory board concerning the fitness of the applicant to
983	983	19 operate a motor vehicle in a manner that does not jeopardize the
984	984	20 safety of individuals or property:
985	985	21 (1) An instructor having a license under IC 9-27-6-8.
986	986	22 (2) A licensed ophthalmologist or licensed optometrist.
987	987	23 (e) If the bureau has good cause to believe that an applicant is:
988	988	24 (1) incompetent; or
989	989	25 (2) otherwise unfit to operate a motor vehicle;
990	990	26 the bureau may, upon written notice of at least five (5) days,
991	991	27 require the applicant to submit to an examination, an investigation
992	992	28 of the applicant's continued fitness to operate a motor vehicle
993	993	29 safely, including requesting medical information from the
994	994	30 applicant or the applicant's health care sources, or both an
995	995	31 examination and an investigation.
996	996	32 (f) Upon the conclusion of all examinations and investigations of
997	997	33 an applicant under this section, the bureau:
998	998	34 (1) shall take appropriate action; and
999	999	35 (2) may:
1000	1000	36 (A) suspend or revoke the driving privilege card or driving
1001	1001	37 privileges of the licensed driver;
1002	1002	38 (B) permit the licensed driver to retain the driving
1003	1003	39 privilege card or driving privileges of the licensed driver;
1004	1004	40 or
1005	1005	41 (C) issue restricted driving privileges subject to
1006	1006	42 restrictions the bureau considers necessary in the interest
1007	1007	2023 IN 1644—LS 7106/DI 139 24
1008	1008	1 of public safety.
1009	1009	2 (g) If a licensed driver refuses or neglects to submit to an
1010	1010	3 examination or investigation under this section, the bureau may
1011	1011	4 suspend or revoke the driving privilege card or driving privileges
1012	1012	5 of the licensed driver. The bureau may not suspend or revoke the
1013	1013	6 driving privilege card or driving privileges of the licensed driver
1014	1014	7 until a reasonable investigation of the driver's continued fitness to
1015	1015	8 operate a motor vehicle safely has been made by the bureau.
1016	1016	9 Sec. 7. (a) The bureau shall issue a driving privilege card to an
1017	1017	10 individual who:
1018	1018	11 (1) meets the criteria under this chapter; and
1019	1019	12 (2) except as provided in subsection (b), pays the applicable
1020	1020	13 fee as follows:
1021	1021	14 (A) For an individual who is less than seventy-five (75)
1022	1022	15 years of age, seventeen dollars and fifty cents ($17.50).
1023	1023	16 (B) For an individual who is at least seventy-five (75) years
1024	1024	17 of age but less than eighty-five (85) years of age, eleven
1025	1025	18 dollars ($11).
1026	1026	19 (C) For an individual who is at least eighty-five (85) years
1027	1027	20 of age, seven dollars ($7).
1028	1028	21 (b) A fee described in subsection (a)(2) may not be charged to an
1029	1029	22 individual who:
1030	1030	23 (1) is under the care and supervision of the department of
1031	1031	24 child services; or
1032	1032	25 (2) represents, pursuant to IC 31-36-3-4(b), a homeless youth
1033	1033	26 (as defined in IC 31-36-3-4) and presents a fee and consent
1034	1034	27 waiver affidavit described in IC 31-36-3-4(c);
1035	1035	28 and meets all other requirements for a driving privilege card under
1036	1036	29 this chapter.
1037	1037	30 Sec. 8. Except for an individual described in section 7(b), in
1038	1038	31 addition to applicable fees collected under section 7 of this chapter
1039	1039	32 for a driving privilege card, the bureau shall collect a supplemental
1040	1040	33 fee of fifty dollars ($50) for an individual to obtain a driving
1041	1041	34 privilege card.
1042	1042	35 Sec. 9. (a) This section applies:
1043	1043	36 (1) to an individual who is less than twenty-one (21) years of
1044	1044	37 age; and
1045	1045	38 (2) during the one hundred eighty (180) day period after the
1046	1046	39 individual is issued a driving privilege card under this
1047	1047	40 chapter.
1048	1048	41 (b) An individual may not operate a motor vehicle:
1049	1049	42 (1) from 10 p.m. until 5 a.m. of the following morning, unless
1050	1050	2023 IN 1644—LS 7106/DI 139 25
1051	1051	1 the individual is:
1052	1052	2 (A) participating in, going to, or returning from:
1053	1053	3 (i) lawful employment;
1054	1054	4 (ii) a school sanctioned activity; or
1055	1055	5 (iii) a religious event; or
1056	1056	6 (B) accompanied in the front seat of the motor vehicle by
1057	1057	7 a licensed driver with valid driving privileges who is:
1058	1058	8 (i) at least twenty-five (25) years of age; or
1059	1059	9 (ii) if the licensed driver is the individual's spouse, at
1060	1060	10 least twenty-one (21) years of age; or
1061	1061	11 (2) in which there are passengers, unless:
1062	1062	12 (A) each passenger in the motor vehicle is:
1063	1063	13 (i) a child or stepchild of the individual;
1064	1064	14 (ii) a sibling of the individual, including step or half
1065	1065	15 siblings;
1066	1066	16 (iii) the spouse of the individual;
1067	1067	17 (iv) a parent or legal guardian of the individual;
1068	1068	18 (v) a grandparent of the individual; or
1069	1069	19 (vi) any combination of individuals described in items (i)
1070	1070	20 through (v); or
1071	1071	21 (B) the individual is accompanied in the front seat of the
1072	1072	22 motor vehicle by a licensed driver with valid driving
1073	1073	23 privileges who is:
1074	1074	24 (i) at least twenty-five (25) years of age; or
1075	1075	25 (ii) if the licensed driver is the individual's spouse, at
1076	1076	26 least twenty-one (21) years of age.
1077	1077	27 (c) A driving privilege card learner's permit or driving privilege
1078	1078	28 card issued under this article must contain the following
1079	1079	29 information:
1080	1080	30 (1) The full legal name of the permittee or licensee.
1081	1081	31 (2) The date of birth of the permittee or licensee.
1082	1082	32 (3) The address of the principal residence of the permittee or
1083	1083	33 licensee.
1084	1084	34 (4) The hair color and eye color of the permittee or licensee.
1085	1085	35 (5) The date of issue and expiration date of the permit or
1086	1086	36 license.
1087	1087	37 (6) The gender of the permittee or licensee.
1088	1088	38 (7) The unique identifying number of the permit or license.
1089	1089	39 (8) The weight of the permittee or licensee.
1090	1090	40 (9) The height of the permittee or licensee.
1091	1091	41 (10) A reproduction of the signature of the permittee or
1092	1092	42 licensee.
1093	1093	2023 IN 1644—LS 7106/DI 139 26
1094	1094	1 (11) If the permittee or licensee is less than eighteen (18) years
1095	1095	2 of age at the time of issuance, the dates, notated prominently,
1096	1096	3 on which the permittee or licensee will become:
1097	1097	4 (A) eighteen (18) years of age; and
1098	1098	5 (B) twenty-one (21) years of age.
1099	1099	6 (12) If the permittee or licensee is at least eighteen (18) years
1100	1100	7 of age but less than twenty-one (21) years of age at the time of
1101	1101	8 issuance, the date, notated prominently, on which the
1102	1102	9 permittee or licensee will become twenty-one (21) years of
1103	1103	10 age.
1104	1104	11 (13) A digital photograph or computerized image of the
1105	1105	12 permittee or licensee.
1106	1106	13 (d) The bureau may not provide for the omission of a
1107	1107	14 photograph or computerized image from a driving privilege card.
1108	1108	15 (e) For purposes of subsection (a), an individual certified as a
1109	1109	16 participant in the address confidentiality program under IC 5-26.5
1110	1110	17 is not required to provide the address of the individual's principal
1111	1111	18 residence, but may provide an address designated by the office of
1112	1112	19 the attorney general under IC 5-26.5 as the address of the
1113	1113	20 individual's principal residence.
1114	1114	21 (f) If an individual submits information concerning the
1115	1115	22 individual's medical condition in conjunction with the individual's
1116	1116	23 application for a driving privilege card, the bureau shall place an
1117	1117	24 identifying symbol in a prominent location on the driving privilege
1118	1118	25 card to indicate that the individual has a medical condition of note.
1119	1119	26 The bureau shall include information on the individual's driving
1120	1120	27 privilege card that briefly describes the individual's medical
1121	1121	28 condition. The information must be notated in a manner that alerts
1122	1122	29 an individual reading the driving privilege card to the existence of
1123	1123	30 the medical condition. The individual submitting the information
1124	1124	31 concerning the medical condition is responsible for its accuracy.
1125	1125	32 (g) The bureau, when issuing a driving privilege card learner's
1126	1126	33 permit or driving privilege card, may, whenever good cause
1127	1127	34 appears, impose restrictions suitable to the licensee's or permittee's
1128	1128	35 driving ability with respect to the type of or special mechanical
1129	1129	36 control devices required on a motor vehicle that the licensee or
1130	1130	37 permittee operates. The bureau may impose other restrictions
1131	1131	38 applicable to the licensee or permittee that the bureau determines
1132	1132	39 are appropriate to assure the safe operation of a motor vehicle by
1133	1133	40 the licensee or permittee, including a requirement to take
1134	1134	41 prescribed medication. When the restrictions are imposed, the
1135	1135	42 bureau may:
1136	1136	2023 IN 1644—LS 7106/DI 139 27
1137	1137	1 (1) issue either a special restricted driving privilege card; or
1138	1138	2 (2) set forth the restrictions upon the usual driving privilege
1139	1139	3 card form.
1140	1140	4 Sec. 10. (a) An individual applying for a renewal of a driving
1141	1141	5 privilege card must apply in person at a license branch.
1142	1142	6 (b) Except as otherwise provided in this chapter, a driving
1143	1143	7 privilege card issued to an applicant expires at midnight one (1)
1144	1144	8 year following the date of issuance.
1145	1145	9 (c) An application for renewal of a driving privilege card under
1146	1146	10 this section may be filed not more than thirty (30) days before the
1147	1147	11 expiration date of the driving privilege card held by the applicant.
1148	1148	12 (d) An individual applying for renewal of a driving privilege
1149	1149	13 card must do the following:
1150	1150	14 (1) Pass an eyesight examination.
1151	1151	15 (2) Pass a written examination if:
1152	1152	16 (A) the applicant has at least six (6) active points on the
1153	1153	17 applicant's driving record maintained by the bureau;
1154	1154	18 (B) the applicant has not reached the applicant's
1155	1155	19 twenty-first birthday and has active points on the
1156	1156	20 applicant's driving record maintained by the bureau; or
1157	1157	21 (C) the applicant is in possession of a driving privilege card
1158	1158	22 that is expired beyond one hundred eighty (180) days.
1159	1159	23 (3) Documentation of residence in Indiana as required by
1160	1160	24 rules adopted by the bureau under IC 4-22-2 or emergency
1161	1161	25 rules adopted in the manner provided under IC 4-22-2-37.1.
1162	1162	26 (e) An individual applying for the renewal of a driving privilege
1163	1163	27 card issued under this chapter shall pay the following applicable
1164	1164	28 fee:
1165	1165	29 (1) If the individual is less than seventy-five (75) years of age,
1166	1166	30 seventeen dollars and fifty cents ($17.50). The fee shall be
1167	1167	31 distributed as follows:
1168	1168	32 (A) Fifty cents ($0.50) to the state motor vehicle technology
1169	1169	33 fund.
1170	1170	34 (B) Two dollars ($2) to the crossroads 2000 fund.
1171	1171	35 (C) Four dollars and fifty cents ($4.50) to the motor vehicle
1172	1172	36 highway account.
1173	1173	37 (D) One dollar and twenty-five cents ($1.25) to the
1174	1174	38 integrated public safety communications fund.
1175	1175	39 (E) Nine dollars and twenty-five cents ($9.25) to the
1176	1176	40 commission fund.
1177	1177	41 (2) If the individual is at least seventy-five (75) years of age
1178	1178	42 and less than eighty-five (85) years of age, eleven dollars
1179	1179	2023 IN 1644—LS 7106/DI 139 28
1180	1180	1 ($11). The fee shall be distributed as follows:
1181	1181	2 (A) Fifty cents ($0.50) to the state motor vehicle technology
1182	1182	3 fund.
1183	1183	4 (B) One dollar and fifty cents ($1.50) to the crossroads
1184	1184	5 2000 fund.
1185	1185	6 (C) Three dollars ($3) to the motor vehicle highway
1186	1186	7 account.
1187	1187	8 (D) One dollar and twenty-five cents ($1.25) to the
1188	1188	9 integrated public safety communications fund.
1189	1189	10 (E) Four dollars and seventy-five cents ($4.75) to the
1190	1190	11 commission fund.
1191	1191	12 (3) If the individual is at least eighty-five (85) years of age,
1192	1192	13 seven dollars ($7). The fee shall be distributed as follows:
1193	1193	14 (A) Fifty cents ($0.50) to the state motor vehicle technology
1194	1194	15 fund.
1195	1195	16 (B) One dollar ($1) to the crossroads 2000 fund.
1196	1196	17 (C) Two dollars ($2) to the motor vehicle highway account.
1197	1197	18 (D) One dollar and twenty-five cents ($1.25) to the
1198	1198	19 integrated public safety communications fund.
1199	1199	20 (E) Two dollars and twenty-five cents ($2.25) to the
1200	1200	21 commission fund.
1201	1201	22 (f) In addition to applicable fees collected under subsection (e),
1202	1202	23 the bureau shall collect a supplemental fee of fifty dollars ($50) for
1203	1203	24 an individual to obtain a renewal driving privilege card.
1204	1204	25 (g) If the expiration date of a driving privilege card falls on:
1205	1205	26 (1) Sunday;
1206	1206	27 (2) a legal holiday (as set forth in IC 1-1-9-1); or
1207	1207	28 (3) a weekday when all license branches in the county of
1208	1208	29 residence of the holder are closed;
1209	1209	30 the driving privilege card of the holder does not expire until
1210	1210	31 midnight of the first day after the expiration date on which a
1211	1211	32 license branch is open for business in the county of residence of the
1212	1212	33 holder.
1213	1213	34 (h) An individual who fails to renew the individual's driving
1214	1214	35 privilege card on or before the expiration date of the driving
1215	1215	36 privilege card shall pay to the bureau an administrative penalty of
1216	1216	37 six dollars ($6). An administrative penalty collected under this
1217	1217	38 subsection shall be deposited in the commission fund.
1218	1218	39 Sec. 11. An individual applying for a replacement driving
1219	1219	40 privilege card must apply in person at a license branch.
1220	1220	41 Sec. 12. (a) A driving privilege card must include the statement
1221	1221	42 "Driving Privilege Only, Not Valid for Identification" on the face
1222	1222	2023 IN 1644—LS 7106/DI 139 29
1223	1223	1 of the card.
1224	1224	2 (b) Except as provided in subsection (c), a driving privilege card
1225	1225	3 must include a statement on the face of the card that indicates that
1226	1226	4 the driving privilege card may not be accepted:
1227	1227	5 (1) as identification for any state or federal purpose other
1228	1228	6 than to confer driving privileges;
1229	1229	7 (2) for the purpose of voting; or
1230	1230	8 (3) to verify employment.
1231	1231	9 (c) A driving privilege card may only be used as identification
1232	1232	10 for law enforcement purposes.
1233	1233	11 Sec. 13. The commissioner and the employees or agents of the
1234	1234	12 bureau are not civilly responsible for the validity of information
1235	1235	13 contained on a driving privilege card issued under this chapter.
1236	1236	14 The bureau may adopt rules under IC 4-22-2 to place an
1237	1237	15 appropriate disclaimer on a driving privilege card.
1238	1238	16 Sec. 14. An individual who holds a driving privilege card issued
1239	1239	17 under this chapter and operates a motor vehicle shall verify
1240	1240	18 financial responsibility on any motor vehicle the holder operates is
1241	1241	19 continuously maintained in the amounts required by IC 9-25-4.
1242	1242	20 Sec. 15. (a) The bureau may impose an additional fee of
1243	1243	21 twenty-five dollars ($25) if the bureau processes a credential
1244	1244	22 application under this chapter in a period of time that is shorter
1245	1245	23 than the normal processing period. The bureau shall deposit the fee
1246	1246	24 in the commission fund.
1247	1247	25 (b) A fee imposed under this section is in addition to any other
1248	1248	26 fee imposed under this chapter.
1249	1249	27 Sec. 16. The bureau may adopt rules under IC 4-22-2 to
1250	1250	28 implement this chapter.
1251	1251	29 SECTION 25. IC 9-24-9-5.5, AS AMENDED BY P.L.198-2016,
1252	1252	30 SECTION 469, IS AMENDED TO READ AS FOLLOWS
1253	1253	31 [EFFECTIVE JULY 1, 2023]: Sec. 5.5. (a) Any male who:
1254	1254	32 (1) applies for issuance or renewal of a driver's license or driving
1255	1255	33 privilege card;
1256	1256	34 (2) is less than twenty-six (26) years of age; and
1257	1257	35 (3) is or will be required to register under 50 U.S.C. App. 453(a);
1258	1258	36 may authorize the bureau to register him with the Selective Service
1259	1259	37 System in compliance with the requirements of the federal Military
1260	1260	38 Selective Service Act under 50 U.S.C. App. 451 et seq.
1261	1261	39 (b) The application form for a driver's license, driving privilege
1262	1262	40 card, or driver's license renewal, or driving privilege card renewal
1263	1263	41 must include a box that an applicant can check to:
1264	1264	42 (1) identify the applicant as a male who is less than twenty-six
1265	1265	2023 IN 1644—LS 7106/DI 139 30
1266	1266	1 (26) years of age; and
1267	1267	2 (2) indicate the applicant's intention to authorize the bureau to
1268	1268	3 submit the necessary information to the Selective Service System
1269	1269	4 to register the applicant with the Selective Service System in
1270	1270	5 compliance with federal law.
1271	1271	6 (c) The application form for a driver's license, driving privilege
1272	1272	7 card, or driver's license renewal, or driving privilege card renewal
1273	1273	8 shall contain the following statement beneath the box described in
1274	1274	9 subsection (b):
1275	1275	10 "Failure to register with the Selective Service System in
1276	1276	11 compliance with the requirements of the federal Military
1277	1277	12 Selective Service Act, 50 U.S.C. App. 451 et seq., is a felony and
1278	1278	13 is punishable by up to five (5) years imprisonment and a two
1279	1279	14 hundred fifty thousand dollar ($250,000) fine. Failure to register
1280	1280	15 may also render you ineligible for certain federal benefits,
1281	1281	16 including student financial aid, job training, and United States
1282	1282	17 citizenship for male immigrants. By checking the above box, I am
1283	1283	18 consenting to registration with the Selective Service System. If I
1284	1284	19 am less than eighteen (18) years of age, I understand that I am
1285	1285	20 consenting to registration with the Selective Service System when
1286	1286	21 I become eighteen (18) years of age.".
1287	1287	22 (d) When authorized by the applicant in conformity with this
1288	1288	23 section, the bureau shall forward the necessary registration information
1289	1289	24 provided by the applicant to the Selective Service System in the
1290	1290	25 electronic format or other format approved by the Selective Service
1291	1291	26 System.
1292	1292	27 (e) Failure of an applicant to authorize the bureau to register the
1293	1293	28 applicant with the Selective Service System is not a basis for denying
1294	1294	29 the applicant driving privileges.
1295	1295	30 SECTION 26. IC 9-24-13-1, AS AMENDED BY P.L.198-2016,
1296	1296	31 SECTION 500, IS AMENDED TO READ AS FOLLOWS
1297	1297	32 [EFFECTIVE JULY 1, 2023]: Sec. 1. An individual holding a driver's
1298	1298	33 license or driving privilege card issued under this article may
1299	1299	34 exercise the privilege granted by the driver's license or driving
1300	1300	35 privilege card upon all highways and is not required to obtain any
1301	1301	36 other driver's license to exercise the privilege by a county, municipal,
1302	1302	37 or local board or by any body having authority to adopt local police
1303	1303	38 regulations.
1304	1304	39 SECTION 27. IC 9-24-13-4, AS AMENDED BY P.L.256-2017,
1305	1305	40 SECTION 175, IS AMENDED TO READ AS FOLLOWS
1306	1306	41 [EFFECTIVE JULY 1, 2023]: Sec. 4. If:
1307	1307	42 (1) an individual holding a driver's license, driving privilege
1308	1308	2023 IN 1644—LS 7106/DI 139 31
1309	1309	1 card, or permit issued under this article changes the address
1310	1310	2 shown on the driver's license, driving privilege card, or permit
1311	1311	3 application; or
1312	1312	4 (2) the name of a licensee or permittee holder of a driver's
1313	1313	5 license, driving privilege card, or permit is changed by
1314	1314	6 marriage or otherwise;
1315	1315	7 the licensee or permittee holder of the driver's license, driving
1316	1316	8 privilege card, or permit shall make application for an amended
1317	1317	9 driver's license, driving privilege card, or permit under IC 9-24-9
1318	1318	10 containing the correct information within thirty (30) days of the
1319	1319	11 change. For fee purposes, the application shall be treated as a
1320	1320	12 replacement license under IC 9-24-14-1 or a replacement driving
1321	1321	13 privilege card under IC 9-24-3.5.
1322	1322	14 SECTION 28. IC 9-24-18-1, AS AMENDED BY P.L.111-2021,
1323	1323	15 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1324	1324	16 JULY 1, 2023]: Sec. 1. (a) An individual, except an individual
1325	1325	17 exempted under IC 9-24-1-7, who knowingly or intentionally operates
1326	1326	18 a motor vehicle upon a highway and has never received a valid driver's
1327	1327	19 license or driving privilege card commits a Class C misdemeanor.
1328	1328	20 However, the offense is a Class A misdemeanor if the individual has a
1329	1329	21 prior unrelated conviction under this section.
1330	1330	22 (b) In a prosecution under this section, the burden is on the
1331	1331	23 defendant to prove by a preponderance of the evidence that the
1332	1332	24 defendant:
1333	1333	25 (1) had been issued a driver's license, driving privilege card, or
1334	1334	26 permit that was valid; or
1335	1335	27 (2) was operating a motor driven cycle;
1336	1336	28 at the time of the alleged offense. However, it is not a defense under
1337	1337	29 subdivision (2) if the defendant was operating the motor driven cycle
1338	1338	30 in violation of IC 9-21-11-12.
1339	1339	31 SECTION 29. IC 9-24-18-6, AS AMENDED BY P.L.198-2016,
1340	1340	32 SECTION 530, IS AMENDED TO READ AS FOLLOWS
1341	1341	33 [EFFECTIVE JULY 1, 2023]: Sec. 6. In a proceeding to enforce
1342	1342	34 IC 9-24-1 requiring the operator of a motor vehicle to have a certain
1343	1343	35 type of driver's license or driving privilege card, the burden is on the
1344	1344	36 defendant to prove by a preponderance of the evidence that the
1345	1345	37 defendant had been issued the applicable driver's license, driving
1346	1346	38 privilege card, or permit and that the driver's license or driving
1347	1347	39 privilege card was valid at the time of the alleged offense.
1348	1348	40 SECTION 30. IC 9-24-18-7.5, AS AMENDED BY P.L.198-2016,
1349	1349	41 SECTION 531, IS AMENDED TO READ AS FOLLOWS
1350	1350	42 [EFFECTIVE JULY 1, 2023]: Sec. 7.5. (a) A person that knowingly or
1351	1351	2023 IN 1644—LS 7106/DI 139 32
1352	1352	1 intentionally counterfeits or falsely reproduces a driver's license:
1353	1353	2 (1) with intent to use the driver's license; or
1354	1354	3 (2) to permit an individual to use the driver's license;
1355	1355	4 commits a Class B misdemeanor.
1356	1356	5 (b) A person that knowingly or intentionally counterfeits or
1357	1357	6 falsely reproduces a driving privilege card:
1358	1358	7 (1) with intent to use the driving privilege card; or
1359	1359	8 (2) to permit an individual to use the driving privilege card;
1360	1360	9 commits a Class B misdemeanor.
1361	1361	10 SECTION 31. IC 9-24-18-9, AS AMENDED BY P.L.198-2016,
1362	1362	11 SECTION 532, IS AMENDED TO READ AS FOLLOWS
1363	1363	12 [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) The bureau may establish a
1364	1364	13 driving record for an Indiana resident who does not hold any type of
1365	1365	14 valid driving driver's license or driving privilege card. The driving
1366	1366	15 record shall be established for an unlicensed driver when the bureau
1367	1367	16 receives an abstract of court conviction for the type of conviction that
1368	1368	17 would appear on an official driver's record.
1369	1369	18 (b) If an unlicensed driver applies for and receives any type of
1370	1370	19 driver's license or driving privilege card in Indiana, the individual's
1371	1371	20 driving record as an unlicensed driver shall be recorded on the
1372	1372	21 permanent record file.
1373	1373	22 (c) The bureau shall also certify traffic violation convictions on the
1374	1374	23 driving record of an unlicensed driver who subsequently receives an
1375	1375	24 Indiana driver's license or a driving privilege card.
1376	1376	25 (d) A driving record established under this section must include the
1377	1377	26 following:
1378	1378	27 (1) The individual's convictions for any of the following:
1379	1379	28 (A) A moving traffic violation.
1380	1380	29 (B) Operating a vehicle without financial responsibility in
1381	1381	30 violation of IC 9-25.
1382	1382	31 (2) Any administrative penalty imposed by the bureau.
1383	1383	32 (3) Any suspensions, revocations, or reinstatements of the
1384	1384	33 individual's driving privileges, license, or permit.
1385	1385	34 (4) If the driving privileges of the individual have been suspended
1386	1386	35 or revoked by the bureau, an entry in the record stating that a
1387	1387	36 notice of suspension or revocation was mailed to the individual by
1388	1388	37 the bureau and the date of the mailing of the notice.
1389	1389	38 (5) Any requirement that the individual may operate only a motor
1390	1390	39 vehicle equipped with a certified ignition interlock device.
1391	1391	40 A driving record may not contain voter registration information.
1392	1392	41 SECTION 32. IC 9-25-6-7, AS AMENDED BY P.L.125-2012,
1393	1393	42 SECTION 263, IS AMENDED TO READ AS FOLLOWS
1394	1394	2023 IN 1644—LS 7106/DI 139 33
1395	1395	1 [EFFECTIVE JULY 1, 2023]: Sec. 7. Except as provided in sections 5
1396	1396	2 and 6 of this chapter, a suspension required in sections 4 and 6 of this
1397	1397	3 chapter remains in effect and no other motor vehicle may be registered
1398	1398	4 in the name of the judgment debtor or a new license or driving
1399	1399	5 privilege card issued to the judgment debtor, until the following occur:
1400	1400	6 (1) The judgment is satisfied or stayed.
1401	1401	7 (2) The judgment debtor gives proof of future financial
1402	1402	8 responsibility for three (3) years, as provided in this article.
1403	1403	9 SECTION 33. IC 9-25-6-15, AS AMENDED BY P.L.86-2021,
1404	1404	10 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1405	1405	11 JULY 1, 2023]: Sec. 15. (a) Except as provided in subsection (e), an
1406	1406	12 individual:
1407	1407	13 (1) whose driving privileges are suspended under this article; and
1408	1408	14 (2) who seeks the reinstatement of the driving privileges;
1409	1409	15 must pay a reinstatement fee to the bureau as provided in subsection
1410	1410	16 (b).
1411	1411	17 (b) The reinstatement fee under subsection (a) is as follows:
1412	1412	18 (1) For a first suspension, two hundred fifty dollars ($250).
1413	1413	19 (2) For a second suspension, five hundred dollars ($500).
1414	1414	20 (3) For a third or subsequent suspension, one thousand dollars
1415	1415	21 ($1,000).
1416	1416	22 (c) Each fee paid under this section or section 15.1 of this chapter
1417	1417	23 shall be deposited in the financial responsibility compliance
1418	1418	24 verification fund established by IC 9-25-9-7 as follows:
1419	1419	25 (1) Forty-eight percent (48%) of a fee paid after a first suspension.
1420	1420	26 (2) Thirty-nine percent (39%) of a fee paid after a second
1421	1421	27 suspension.
1422	1422	28 (3) Twenty-seven percent (27%) of a fee paid after a third or
1423	1423	29 subsequent suspension.
1424	1424	30 The remaining amount of each fee paid under this section or section
1425	1425	31 15.1 of this chapter must be deposited in the motor vehicle highway
1426	1426	32 account.
1427	1427	33 (d) If:
1428	1428	34 (1) a person's driving privileges are suspended for registering or
1429	1429	35 operating a vehicle in violation of IC 9-25-4-1;
1430	1430	36 (2) the person is required to pay a fee for the reinstatement of the
1431	1431	37 person's license or driving privilege card under this section; and
1432	1432	38 (3) the person later establishes that the person did not register or
1433	1433	39 operate a vehicle in violation of IC 9-25-4-1;
1434	1434	40 the fee paid by the person under this section shall be refunded.
1435	1435	41 (e) An individual who has had a suspension imposed under this
1436	1436	42 article terminated by submitting proof of future financial responsibility
1437	1437	2023 IN 1644—LS 7106/DI 139 34
1438	1438	1 under IC 9-25-4-3, IC 9-25-5-1, or section 3(d) of this chapter for the
1439	1439	2 required time period is not required to pay a reinstatement fee under
1440	1440	3 this section in order to have his or her the individual's driving
1441	1441	4 privileges reinstated.
1442	1442	5 SECTION 34. IC 9-25-7-3, AS AMENDED BY P.L.111-2021,
1443	1443	6 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1444	1444	7 JULY 1, 2023]: Sec. 3. (a) The bureau shall, upon request, cancel a
1445	1445	8 bond or return a certificate of insurance, direct the treasurer of state to
1446	1446	9 return to the person entitled any money or securities deposited under
1447	1447	10 this article as proof of financial responsibility, or waive the requirement
1448	1448	11 of filing proof of financial responsibility in any of the following
1449	1449	12 circumstances:
1450	1450	13 (1) At any time after three (3) years from the date the proof was
1451	1451	14 required, if during the three (3) year period preceding the request
1452	1452	15 the person furnishing the proof has not been convicted of an
1453	1453	16 offense referred to in IC 9-30-4-6.1.
1454	1454	17 (2) If the person on whose behalf the proof was filed dies or the
1455	1455	18 person becomes permanently incapable of operating a motor
1456	1456	19 vehicle.
1457	1457	20 (3) If the person who has given proof of financial responsibility
1458	1458	21 surrenders the person's driver's license or driving privilege card,
1459	1459	22 registration certificates, and registration plates to the bureau. The
1460	1460	23 bureau may not release the proof if an action for damages upon a
1461	1461	24 liability referred to in this article is pending, a judgment upon a
1462	1462	25 liability is outstanding and unsatisfied, or the bureau has received
1463	1463	26 notice that the person has, within the period of three (3) months
1464	1464	27 immediately preceding, been involved as a driver in a motor
1465	1465	28 vehicle accident. An affidavit of the applicant of the nonexistence
1466	1466	29 of the facts referred to in this subdivision is sufficient evidence of
1467	1467	30 the nonexistence of the facts in the absence of evidence to the
1468	1468	31 contrary in the records of the department.
1469	1469	32 (b) Whenever a person to whom proof has been surrendered under
1470	1470	33 subsection (a)(3) applies for a driver's license (issued under IC 9-24-3),
1471	1471	34 or a chauffeur's license, a driving privilege card, or the registration of
1472	1472	35 a motor vehicle within a period of three (3) years from the date the
1473	1473	36 proof of financial responsibility was originally required, the bureau
1474	1474	37 shall reject the application unless the applicant reestablishes the proof
1475	1475	38 for the remainder of the period.
1476	1476	39 SECTION 35. IC 9-25-7-6, AS AMENDED BY P.L.198-2016,
1477	1477	40 SECTION 546, IS AMENDED TO READ AS FOLLOWS
1478	1478	41 [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) This section does not apply
1479	1479	42 to an Indiana resident or an individual who operates a motor vehicle in
1480	1480	2023 IN 1644—LS 7106/DI 139 35
1481	1481	1 Indiana.
1482	1482	2 (b) Subject to subsection (c), an individual:
1483	1483	3 (1) whose driver's license, driving privilege card, driving
1484	1484	4 privileges, or registration was suspended and who is required to
1485	1485	5 prove financial responsibility extending into the future in order to
1486	1486	6 have the individual's driving privileges reinstated; and
1487	1487	7 (2) who no longer operates a motor vehicle in Indiana and has
1488	1488	8 become a nonresident;
1489	1489	9 is not required to prove financial responsibility into the future in order
1490	1490	10 to have the individual's driver's license, driving privilege card, driving
1491	1491	11 privileges, or registration temporarily reinstated to allow licensing or
1492	1492	12 registration in the other state or foreign jurisdiction.
1493	1493	13 (c) An individual described in subsection (b) who, during the three
1494	1494	14 (3) year period following the suspension described in subsection (b)(1):
1495	1495	15 (1) applies to the bureau for a driver's license or driving
1496	1496	16 privilege card; or
1497	1497	17 (2) registers a motor vehicle in Indiana;
1498	1498	18 must maintain proof of future financial responsibility for the unexpired
1499	1499	19 portion of the three (3) year period as required under this article.
1500	1500	20 SECTION 36. IC 9-25-9-7, AS AMENDED BY P.L.198-2016,
1501	1501	21 SECTION 549, IS AMENDED TO READ AS FOLLOWS
1502	1502	22 [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) The financial responsibility
1503	1503	23 compliance verification fund is established to defray expenses incurred
1504	1504	24 by the bureau in verifying compliance with financial responsibility
1505	1505	25 requirements under this chapter.
1506	1506	26 (b) The expenses of administering the fund shall be paid from
1507	1507	27 money in the fund.
1508	1508	28 (c) The sources of money for the fund are as follows:
1509	1509	29 (1) The portion of the driving license privileges reinstatement fee
1510	1510	30 that is to be deposited in the fund under IC 9-25-6-15.
1511	1511	31 (2) Accrued interest and other investment earnings of the fund.
1512	1512	32 (3) Appropriations made by the general assembly.
1513	1513	33 (4) Gifts and donations from any person to the fund.
1514	1514	34 (d) The treasurer of state shall invest the money in the fund not
1515	1515	35 currently needed to meet the obligations of the fund in the same
1516	1516	36 manner as other public funds may be invested.
1517	1517	37 (e) Money in the fund at the end of a state fiscal year does not revert
1518	1518	38 to the state general fund.
1519	1519	39 SECTION 37. IC 9-26-1-1.1, AS AMENDED BY P.L.184-2019,
1520	1520	40 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1521	1521	41 JULY 1, 2023]: Sec. 1.1. (a) The operator of a motor vehicle involved
1522	1522	42 in an accident shall do the following:
1523	1523	2023 IN 1644—LS 7106/DI 139 36
1524	1524	1 (1) Except as provided in section 1.2 of this chapter, the operator
1525	1525	2 shall immediately stop the operator's motor vehicle:
1526	1526	3 (A) at the scene of the accident; or
1527	1527	4 (B) as close to the accident as possible;
1528	1528	5 in a manner that does not obstruct traffic more than is necessary.
1529	1529	6 (2) Remain at the scene of the accident until the operator does the
1530	1530	7 following:
1531	1531	8 (A) Gives the operator's name and address and the registration
1532	1532	9 number of the motor vehicle the operator was driving to any
1533	1533	10 person involved in the accident.
1534	1534	11 (B) Exhibits the operator's driver's license or driving
1535	1535	12 privilege card to any person involved in the accident or
1536	1536	13 occupant of or any person attending to any vehicle involved in
1537	1537	14 the accident.
1538	1538	15 (3) If the accident results in the injury or death of another person,
1539	1539	16 the operator shall, in addition to the requirements of subdivisions
1540	1540	17 (1) and (2):
1541	1541	18 (A) provide reasonable assistance to each person injured in or
1542	1542	19 entrapped by the accident, as directed by a law enforcement
1543	1543	20 officer, medical personnel, or a 911 telephone operator; and
1544	1544	21 (B) as soon as possible after the accident, immediately give
1545	1545	22 notice of the accident, or ensure that another person gives
1546	1546	23 notice of the accident, by the quickest means of
1547	1547	24 communication to one (1) of the following:
1548	1548	25 (i) The local police department, if the accident occurs within
1549	1549	26 a municipality.
1550	1550	27 (ii) The office of the county sheriff or the nearest state police
1551	1551	28 post, if the accident occurs outside a municipality.
1552	1552	29 (iii) A 911 telephone operator.
1553	1553	30 (4) If the accident involves a collision with an unattended vehicle
1554	1554	31 or damage to property other than a vehicle, the operator shall, in
1555	1555	32 addition to the requirements of subdivisions (1) and (2):
1556	1556	33 (A) take reasonable steps to locate and notify the owner or
1557	1557	34 person in charge of the damaged vehicle or property of the
1558	1558	35 damage; and
1559	1559	36 (B) if after reasonable inquiry the operator cannot find the
1560	1560	37 owner or person in charge of the damaged vehicle or property,
1561	1561	38 the operator must contact a law enforcement officer or agency
1562	1562	39 and provide the information required by this section.
1563	1563	40 (b) An operator of a motor vehicle who knowingly or intentionally
1564	1564	41 fails to comply with subsection (a) commits leaving the scene of an
1565	1565	42 accident, a Class B misdemeanor. However, the offense is:
1566	1566	2023 IN 1644—LS 7106/DI 139 37
1567	1567	1 (1) a Class A misdemeanor if the accident results in bodily injury
1568	1568	2 to another person;
1569	1569	3 (2) a Level 6 felony if:
1570	1570	4 (A) the accident results in moderate or serious bodily injury to
1571	1571	5 another person; or
1572	1572	6 (B) within the five (5) years preceding the commission of the
1573	1573	7 offense, the operator had a previous conviction of any of the
1574	1574	8 offenses listed in IC 9-30-10-4(a);
1575	1575	9 (3) a Level 4 felony if the accident results in the death or
1576	1576	10 catastrophic injury of another person; and
1577	1577	11 (4) a Level 3 felony if the operator knowingly or intentionally
1578	1578	12 fails to stop or comply with subsection (a) during or after the
1579	1579	13 commission of the offense of operating while intoxicated causing
1580	1580	14 serious bodily injury (IC 9-30-5-4) or operating while intoxicated
1581	1581	15 causing death or catastrophic injury (IC 9-30-5-5).
1582	1582	16 (c) An operator of a motor vehicle who commits an offense under
1583	1583	17 subsection (b)(1), (b)(2), (b)(3), or (b)(4) commits a separate offense
1584	1584	18 for each person whose injury or death was a result of the accident.
1585	1585	19 (d) A court may order terms of imprisonment imposed on a person
1586	1586	20 convicted of more than one (1) offense described in subsection (b)(1),
1587	1587	21 (b)(2), (b)(3), or (b)(4) to run consecutively. Consecutive terms of
1588	1588	22 imprisonment imposed under this subsection are not subject to the
1589	1589	23 sentencing restrictions set forth in IC 35-50-1-2(c) through
1590	1590	24 IC 35-50-1-2(d).
1591	1591	25 SECTION 38. IC 9-26-1-1.5, AS AMENDED BY P.L.188-2015,
1592	1592	26 SECTION 100, IS AMENDED TO READ AS FOLLOWS
1593	1593	27 [EFFECTIVE JULY 1, 2023]: Sec. 1.5. (a) If:
1594	1594	28 (1) the operator of a motor vehicle is physically incapable of
1595	1595	29 determining the need for or rendering assistance to any injured or
1596	1596	30 entrapped person as required under section 1.1(a)(3) of this
1597	1597	31 chapter;
1598	1598	32 (2) there is another occupant in the motor vehicle at the time of
1599	1599	33 the accident who is:
1600	1600	34 (A) at least:
1601	1601	35 (i) fifteen (15) years of age and holds a learner's permit
1602	1602	36 issued under IC 9-24-7-1, or a driver's license issued under
1603	1603	37 IC 9-24-11, or a driving privilege card issued under
1604	1604	38 IC 9-24-3.5; or
1605	1605	39 (ii) eighteen (18) years of age; and
1606	1606	40 (B) capable of determining the need for and rendering
1607	1607	41 reasonable assistance to injured or entrapped persons as
1608	1608	42 provided in section 1.1(a)(3) of this chapter; and
1609	1609	2023 IN 1644—LS 7106/DI 139 38
1610	1610	1 (3) the other occupant in the motor vehicle knows that the
1611	1611	2 operator of the motor vehicle is physically incapable of
1612	1612	3 determining the need for or rendering assistance to any injured or
1613	1613	4 entrapped person;
1614	1614	5 the motor vehicle occupant referred to in subdivisions (2) and (3) shall
1615	1615	6 immediately determine the need for and render reasonable assistance
1616	1616	7 to each person injured or entrapped in the accident as provided in
1617	1617	8 section 1.1(a)(3) of this chapter.
1618	1618	9 (b) If there is more than one (1) motor vehicle occupant to whom
1619	1619	10 subsection (a) applies, it is a defense to a prosecution of one (1) motor
1620	1620	11 vehicle occupant under subsection (a) that the defendant reasonably
1621	1621	12 believed that another occupant of the motor vehicle determined the
1622	1622	13 need for and rendered reasonable assistance as required under
1623	1623	14 subsection (a).
1624	1624	15 (c) A person who knowingly or intentionally violates this section
1625	1625	16 commits a Class C misdemeanor.
1626	1626	17 SECTION 39. IC 9-27-6-3, AS AMENDED BY P.L.92-2020,
1627	1627	18 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1628	1628	19 JULY 1, 2023]: Sec. 3. (a) As used in this chapter, "driver training
1629	1629	20 school" means:
1630	1630	21 (1) a business enterprise that:
1631	1631	22 (A) is conducted by an individual, an association, a
1632	1632	23 partnership, a limited liability company, or a corporation for
1633	1633	24 the education and training of persons, practically or
1634	1634	25 theoretically, or both, to operate or drive motor vehicles or to
1635	1635	26 prepare an applicant for an examination or validation under
1636	1636	27 IC 9-24 for a driver's license or driving privilege card; and
1637	1637	28 (B) charges consideration or tuition for the provision of
1638	1638	29 services; or
1639	1639	30 (2) a driver education program operated under the authority of:
1640	1640	31 (A) a school corporation (as defined in IC 36-1-2-17);
1641	1641	32 (B) a state accredited nonpublic secondary school that
1642	1642	33 voluntarily becomes accredited under IC 20-31-4.1;
1643	1643	34 (C) a postsecondary proprietary educational institution (as
1644	1644	35 defined in IC 22-4.1-21-9);
1645	1645	36 (D) a postsecondary credit bearing proprietary educational
1646	1646	37 institution (as defined in IC 21-18.5-2-12);
1647	1647	38 (E) a state educational institution (as defined in
1648	1648	39 IC 21-7-13-32); or
1649	1649	40 (F) a nonaccredited nonpublic school.
1650	1650	41 (b) The term does not include a business enterprise that educates or
1651	1651	42 trains a person or prepares a person for an examination or a validation
1652	1652	2023 IN 1644—LS 7106/DI 139 39
1653	1653	1 given by the bureau to operate or drive a motor vehicle as a vocation.
1654	1654	2 SECTION 40. IC 9-27-6-4, AS AMENDED BY P.L.85-2013,
1655	1655	3 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1656	1656	4 JULY 1, 2023]: Sec. 4. As used in this chapter, "instructor" means the
1657	1657	5 following:
1658	1658	6 (1) An individual, whether acting as the operator of a driver
1659	1659	7 training school or on behalf of a driver training school, who for
1660	1660	8 compensation teaches, conducts classes for, gives demonstrations
1661	1661	9 to, or supervises the practice of individuals learning to operate or
1662	1662	10 drive motor vehicles or preparing to take an examination for a
1663	1663	11 driver's license or driving privilege card.
1664	1664	12 (2) An individual who supervises the work of an instructor.
1665	1665	13 (3) An individual licensed under IC 20-28-5-1.
1666	1666	14 (4) An individual under the authority of a postsecondary
1667	1667	15 proprietary educational institution (as defined in IC 22-4.1-21-9)
1668	1668	16 or a postsecondary credit bearing proprietary educational
1669	1669	17 institution (as defined in IC 21-18.5-2-12) who is teaching,
1670	1670	18 conducting classes for, giving demonstrations to, or supervising
1671	1671	19 the practice of individuals learning to operate or drive motor
1672	1672	20 vehicles or preparing to take an examination for a driver's license
1673	1673	21 or driving privilege card.
1674	1674	22 (5) An individual under the authority of a state educational
1675	1675	23 institution (as defined in IC 21-7-13-32) who is teaching,
1676	1676	24 conducting classes for, giving demonstrations to, or supervising
1677	1677	25 the practice of individuals learning to operate or drive motor
1678	1678	26 vehicles or preparing to take an examination for a driver's license
1679	1679	27 or driving privilege card.
1680	1680	28 SECTION 41. IC 9-27-6-5, AS AMENDED BY P.L.85-2013,
1681	1681	29 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1682	1682	30 JULY 1, 2023]: Sec. 5. (a) As used in this section, "advisory board"
1683	1683	31 refers to the driver education advisory board established by subsection
1684	1684	32 (b).
1685	1685	33 (b) The driver education advisory board is established to advise the
1686	1686	34 commissioner in the administration of the policies of the commission
1687	1687	35 and the bureau regarding driver education.
1688	1688	36 (c) The advisory board is composed of seven (7) individuals
1689	1689	37 appointed by the commissioner as follows:
1690	1690	38 (1) Three (3) members must be driver education professionals
1691	1691	39 endorsed by the bureau under section 8 of this chapter. In the
1692	1692	40 selection of individuals for membership under this subdivision,
1693	1693	41 consideration must be given to driver education instruction
1694	1694	42 performed in urban and rural areas.
1695	1695	2023 IN 1644—LS 7106/DI 139 40
1696	1696	1 (2) One (1) member must be a traffic safety advocate.
1697	1697	2 (3) One (1) member must be a representative of the bureau.
1698	1698	3 (4) One (1) member must be a representative of higher education.
1699	1699	4 (5) One (1) member must be a representative of the insurance
1700	1700	5 industry.
1701	1701	6 (d) A member of the advisory board serves a two (2) year term. A
1702	1702	7 member may not be appointed to more than two (2) consecutive full
1703	1703	8 terms. Each member serves until the member's successor is appointed
1704	1704	9 and qualified.
1705	1705	10 (e) A member of the advisory board may be removed for good
1706	1706	11 cause.
1707	1707	12 (f) A vacancy on the advisory board shall be filled by the
1708	1708	13 appointment by the commissioner of an individual to fill the position
1709	1709	14 to which the vacating member was appointed under subsection (c) for
1710	1710	15 the vacating member's unexpired term.
1711	1711	16 (g) The advisory board shall:
1712	1712	17 (1) consult with and advise the commissioner in the
1713	1713	18 administration of the policies of the commission and the bureau
1714	1714	19 regarding driver education; and
1715	1715	20 (2) suggest rules regarding the education and training of persons
1716	1716	21 to operate or drive motor vehicles or to prepare a person for an
1717	1717	22 examination or validation for a driver's license or driving
1718	1718	23 privilege card.
1719	1719	24 (h) A member of the advisory board is not subject to liability in a
1720	1720	25 civil action for bodily injury or property damage arising from or
1721	1721	26 thought to have arisen from an action taken in good faith as a member
1722	1722	27 of the advisory board.
1723	1723	28 SECTION 42. IC 9-30-2-4 IS AMENDED TO READ AS
1724	1724	29 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) This section does
1725	1725	30 not apply to a person arrested for a misdemeanor under IC 9-30-5
1726	1726	31 (operating a vehicle while intoxicated).
1727	1727	32 (b) If a person is arrested for a misdemeanor under this title, the
1728	1728	33 arrested person shall be immediately taken before a court within the
1729	1729	34 county in which the offense charged is alleged to have been committed
1730	1730	35 and that has jurisdiction of the offense and is nearest or most accessible
1731	1731	36 to the place where the arrest is made in any of the following cases:
1732	1732	37 (1) When the person demands an immediate appearance before a
1733	1733	38 court.
1734	1734	39 (2) When the person is charged with an offense causing or
1735	1735	40 contributing to an accident resulting in injury to or death of a
1736	1736	41 person.
1737	1737	42 (3) When the person is charged with failure to stop for an accident
1738	1738	2023 IN 1644—LS 7106/DI 139 41
1739	1739	1 causing death, personal injuries, or damage to property.
1740	1740	2 (4) When the person refuses to give the person's written promise
1741	1741	3 to appear in court.
1742	1742	4 (5) When the person is charged with driving while the person's
1743	1743	5 license or driving privilege card is suspended or revoked.
1744	1744	6 SECTION 43. IC 9-30-3-15, AS AMENDED BY P.L.198-2016,
1745	1745	7 SECTION 595, IS AMENDED TO READ AS FOLLOWS
1746	1746	8 [EFFECTIVE JULY 1, 2023]: Sec. 15. In a proceeding, prosecution, or
1747	1747	9 hearing where the prosecuting attorney must prove that the defendant
1748	1748	10 had a prior conviction for an offense under this title, the relevant
1749	1749	11 portions of a certified computer printout or electronic copy made from
1750	1750	12 the records of the bureau are admissible as prima facie evidence of the
1751	1751	13 prior conviction. However, the prosecuting attorney must establish that
1752	1752	14 the document identifies the defendant by the defendant's driver's
1753	1753	15 license or driving privilege card number or by any other identification
1754	1754	16 method utilized by the bureau.
1755	1755	17 SECTION 44. IC 9-30-4-6.1, AS ADDED BY P.L.198-2016,
1756	1756	18 SECTION 598, IS AMENDED TO READ AS FOLLOWS
1757	1757	19 [EFFECTIVE JULY 1, 2023]: Sec. 6.1. (a) The bureau shall suspend
1758	1758	20 or revoke the current driver's license, driving privilege card, or
1759	1759	21 driving privileges and all certificates of registration and proof of
1760	1760	22 registration issued to or registered in the name of an individual who is
1761	1761	23 convicted of any of the following:
1762	1762	24 (1) Manslaughter or reckless homicide resulting from the
1763	1763	25 operation of a motor vehicle.
1764	1764	26 (2) Knowingly making a false application, or committing perjury
1765	1765	27 with respect to an application made, under:
1766	1766	28 (A) this chapter; or
1767	1767	29 (B) any other law requiring the registration of motor vehicles
1768	1768	30 or regulating motor vehicle operation on highways.
1769	1769	31 (3) Three (3) charges of criminal recklessness involving the use
1770	1770	32 of a motor vehicle within the preceding twelve (12) months.
1771	1771	33 (4) Failure to stop and give information or assistance or failure to
1772	1772	34 stop and disclose the individual's identity at the scene of an
1773	1773	35 accident that has resulted in death, personal injury, or property
1774	1774	36 damage in excess of two hundred dollars ($200).
1775	1775	37 However, and unless otherwise required by law, the bureau may not
1776	1776	38 suspend a certificate of registration or proof of registration if the
1777	1777	39 individual gives and maintains, during the three (3) years following the
1778	1778	40 date of suspension or revocation, proof of financial responsibility in the
1779	1779	41 future in the manner specified in this section.
1780	1780	42 (b) The bureau shall suspend a driver's license, driving privilege
1781	1781	2023 IN 1644—LS 7106/DI 139 42
1782	1782	1 card, or driving privileges of an individual upon conviction in another
1783	1783	2 jurisdiction for the following:
1784	1784	3 (1) Manslaughter or reckless homicide resulting from the
1785	1785	4 operation of a motor vehicle.
1786	1786	5 (2) Knowingly making a false application, or committing perjury
1787	1787	6 with respect to an application made, under:
1788	1788	7 (A) this chapter; or
1789	1789	8 (B) any other law requiring the registration of motor vehicles
1790	1790	9 or regulating motor vehicle operation on highways.
1791	1791	10 (3) Three (3) charges of criminal recklessness involving the use
1792	1792	11 of a motor vehicle within the preceding twelve (12) months.
1793	1793	12 (4) Failure to stop and give information or assistance or failure to
1794	1794	13 stop and disclose the individual's identity at the scene of an
1795	1795	14 accident that has resulted in death, personal injury, or property
1796	1796	15 damage in excess of two hundred dollars ($200).
1797	1797	16 However, if property damage under subdivision (4) is equal to or less
1798	1798	17 than two hundred dollars ($200), the bureau may determine whether
1799	1799	18 the driver's license, driving privilege card, or driving privileges and
1800	1800	19 certificates of registration and proof of registration shall be suspended
1801	1801	20 or revoked.
1802	1802	21 (c) An individual whose driving privileges are suspended under this
1803	1803	22 chapter is eligible for specialized driving privileges under IC 9-30-16.
1804	1804	23 (d) A suspension or revocation remains in effect and a new or
1805	1805	24 renewal license or driving privilege card may not be issued to the
1806	1806	25 individual and a motor vehicle may not be registered in the name of the
1807	1807	26 individual as follows:
1808	1808	27 (1) Except as provided in subdivision (2), for six (6) months after
1809	1809	28 the date of conviction or on the date on which the individual is
1810	1810	29 otherwise eligible for a license or driving privilege card,
1811	1811	30 whichever is later.
1812	1812	31 (2) Upon conviction of an offense described in subsection (a)(1),
1813	1813	32 (a)(4), (b)(1), or (b)(4), when the accident has resulted in death,
1814	1814	33 for a fixed period of at least two (2) years and not more than five
1815	1815	34 (5) years, to be fixed by the bureau based upon recommendation
1816	1816	35 of the court entering a conviction. A new or reinstated driver's
1817	1817	36 license, driving privilege card, or driving privileges may not be
1818	1818	37 issued to the individual unless that individual, within the three (3)
1819	1819	38 years following the expiration of the suspension or revocation,
1820	1820	39 gives and maintains in force at all times during the effective
1821	1821	40 period of a new or reinstated license or driving privilege card
1822	1822	41 proof of financial responsibility in the future in the manner
1823	1823	42 specified in this chapter. However, the liability of the insurance
1824	1824	2023 IN 1644—LS 7106/DI 139 43
1825	1825	1 carrier under a motor vehicle liability policy that is furnished for
1826	1826	2 proof of financial responsibility in the future as set out in this
1827	1827	3 chapter becomes absolute whenever loss or damage covered by
1828	1828	4 the policy occurs, and the satisfaction by the insured of a final
1829	1829	5 judgment for loss or damage is not a condition precedent to the
1830	1830	6 right or obligation of the carrier to make payment on account of
1831	1831	7 loss or damage, but the insurance carrier has the right to settle a
1832	1832	8 claim covered by the policy. If the settlement is made in good
1833	1833	9 faith, the amount must be deducted from the limits of liability
1834	1834	10 specified in the policy. A policy may not be canceled or annulled
1835	1835	11 with respect to a loss or damage by an agreement between the
1836	1836	12 carrier and the insured after the insured has become responsible
1837	1837	13 for the loss or damage, and a cancellation or annulment is void.
1838	1838	14 The policy may provide that the insured or any other person
1839	1839	15 covered by the policy shall reimburse the insurance carrier for
1840	1840	16 payment made on account of any loss or damage claim or suit
1841	1841	17 involving a breach of the terms, provisions, or conditions of the
1842	1842	18 policy. If the policy provides for limits that exceed the limits
1843	1843	19 specified in this chapter, the insurance carrier may plead against
1844	1844	20 any plaintiff, with respect to the amount of the excess limits of
1845	1845	21 liability, any defenses that the carrier may be entitled to plead
1846	1846	22 against the insured. The policy may further provide for prorating
1847	1847	23 of the insurance with other applicable valid and collectible
1848	1848	24 insurance. An action does not lie against the insurance carrier by
1849	1849	25 or on behalf of any claimant under the policy until a final
1850	1850	26 judgment has been obtained after actual trial by or on behalf of
1851	1851	27 any claimant under the policy.
1852	1852	28 (e) The bureau may take action as required in this section upon
1853	1853	29 receiving satisfactory evidence of a conviction of an individual in
1854	1854	30 another state.
1855	1855	31 (f) A suspension or revocation under this section or IC 9-30-13-0.5
1856	1856	32 stands pending appeal of the conviction to a higher court and may be
1857	1857	33 set aside or modified only upon the receipt by the bureau of the
1858	1858	34 certificate of the court reversing or modifying the judgment that the
1859	1859	35 cause has been reversed or modified. However, if the suspension or
1860	1860	36 revocation follows a conviction in a court of no record in Indiana, the
1861	1861	37 suspension or revocation is stayed pending appeal of the conviction to
1862	1862	38 a court of record.
1863	1863	39 (g) A person aggrieved by an order or act of the bureau under this
1864	1864	40 section or IC 9-30-13-0.5 may file a petition for a court review.
1865	1865	41 (h) An entry in the driving record of a defendant stating that notice
1866	1866	42 of suspension or revocation was mailed by the bureau to the defendant
1867	1867	2023 IN 1644—LS 7106/DI 139 44
1868	1868	1 constitutes prima facie evidence that the notice was mailed to the
1869	1869	2 defendant's address as shown in the records of the bureau.
1870	1870	3 SECTION 45. IC 9-30-5-18, AS ADDED BY P.L.125-2012,
1871	1871	4 SECTION 342, IS AMENDED TO READ AS FOLLOWS
1872	1872	5 [EFFECTIVE JULY 1, 2023]: Sec. 18. (a) If:
1873	1873	6 (1) a criminal proceeding for driving while intoxicated under
1874	1874	7 IC 9-30-5 is deferred under IC 12-23-5-1 through IC 12-23-5-9;
1875	1875	8 or
1876	1876	9 (2) a child alleged to be a delinquent child based upon the child's
1877	1877	10 violation of IC 9-30-5 voluntarily attends or is ordered by the
1878	1878	11 court under IC 31-37 to attend an alcohol and drug services
1879	1879	12 program;
1880	1880	13 the court, within ten (10) days after the defendant or child begins the
1881	1881	14 program, shall forward to the bureau a certified abstract of program
1882	1882	15 enrollment.
1883	1883	16 (b) The abstract must state the following:
1884	1884	17 (1) The defendant's or child's name, address, date of birth, and
1885	1885	18 driver's license or driving privilege card number.
1886	1886	19 (2) The name and location of the alcohol and drug services
1887	1887	20 program that the defendant or child is attending.
1888	1888	21 SECTION 46. IC 9-30-6-4.3, AS AMENDED BY P.L.13-2013,
1889	1889	22 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1890	1890	23 JULY 1, 2023]: Sec. 4.3. (a) This section applies only to a person
1891	1891	24 whose motor vehicle has been seized under IC 34-24-1-1(a)(15).
1892	1892	25 (b) If the bureau receives an order from a court recommending that
1893	1893	26 the bureau not register a motor vehicle in the name of a person whose
1894	1894	27 motor vehicle has been seized under IC 34-24-1-1(a)(15), the bureau
1895	1895	28 may not register a motor vehicle in the name of the person whose motor
1896	1896	29 vehicle has been seized until the person proves that the person
1897	1897	30 possesses a driver's license or driving privilege card with valid
1898	1898	31 driving privileges.
1899	1899	32 SECTION 47. IC 9-30-8-1, AS AMENDED BY P.L.188-2015,
1900	1900	33 SECTION 112, IS AMENDED TO READ AS FOLLOWS
1901	1901	34 [EFFECTIVE JULY 1, 2023]: Sec. 1. If a court orders the installation
1902	1902	35 of a certified ignition interlock device on a motor vehicle that a person
1903	1903	36 whose license or driving privilege card is restricted owns or expects
1904	1904	37 to operate, the court shall set the time that the installation must remain
1905	1905	38 in effect. However, the term may not exceed the maximum term of
1906	1906	39 imprisonment the court could have imposed. The person shall pay the
1907	1907	40 cost of installation unless the sentencing court determines that the
1908	1908	41 person is indigent.
1909	1909	42 SECTION 48. IC 9-30-8-5 IS AMENDED TO READ AS
1910	1910	2023 IN 1644—LS 7106/DI 139 45
1911	1911	1 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. If a court orders a
1912	1912	2 person under IC 9-30-5-16 to operate only a vehicle that is equipped
1913	1913	3 with an ignition interlock device, the bureau shall include that
1914	1914	4 condition when issuing a license or driving privilege card.
1915	1915	5 SECTION 49. IC 9-30-9-5 IS AMENDED TO READ AS
1916	1916	6 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) If the court enters
1917	1917	7 an order conditionally deferring charges under section 3 of this chapter,
1918	1918	8 the court may do the following:
1919	1919	9 (1) Suspend the person's driving privileges for at least two (2)
1920	1920	10 years but not more than four (4) years.
1921	1921	11 (2) Impose other appropriate conditions, including the payment of
1922	1922	12 fees imposed under section 8 of this chapter.
1923	1923	13 (b) Notwithstanding IC 9-30-6-9, the defendant may be granted
1924	1924	14 probationary driving privileges only after the defendant's license or
1925	1925	15 driving privilege card has been suspended for at least one (1) year.
1926	1926	16 (c) The court may, as an alternative to a license or driving privilege
1927	1927	17 card suspension under subsection (a)(1), issue an order prohibiting the
1928	1928	18 defendant from operating a motor vehicle unless the motor vehicle is
1929	1929	19 equipped with a functioning certified ignition interlock device under
1930	1930	20 IC 9-30-8. An order requiring an ignition interlock device must remain
1931	1931	21 in effect for at least two (2) years but not more than four (4) years.
1932	1932	22 SECTION 50. IC 9-30-9-7 IS AMENDED TO READ AS
1933	1933	23 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) If the court refers
1934	1934	24 a defendant to the program under section 6 of this chapter, the court
1935	1935	25 may do the following:
1936	1936	26 (1) Suspend the defendant's driving privileges for at least ninety
1937	1937	27 (90) days but not more than four (4) years.
1938	1938	28 (2) Impose other appropriate conditions.
1939	1939	29 (b) The defendant may be granted probationary driving privileges
1940	1940	30 only after the defendant's license or driving privilege card has been
1941	1941	31 suspended for at least thirty (30) days under IC 9-30-6-9.
1942	1942	32 (c) The court may, as an alternative to a license or driving privilege
1943	1943	33 card suspension under subsection (a)(1), issue an order prohibiting the
1944	1944	34 defendant from operating a motor vehicle unless the motor vehicle is
1945	1945	35 equipped with a functioning certified ignition interlock device under
1946	1946	36 IC 9-30-8. An order requiring an ignition interlock device must remain
1947	1947	37 in effect for at least two (2) years but not more than four (4) years.
1948	1948	38 SECTION 51. IC 9-30-13-0.5, AS AMENDED BY P.L.198-2016,
1949	1949	39 SECTION 604, IS AMENDED TO READ AS FOLLOWS
1950	1950	40 [EFFECTIVE JULY 1, 2023]: Sec. 0.5. (a) A court shall forward to the
1951	1951	41 bureau a certified abstract of the record of the conviction of a person
1952	1952	42 in the court for a violation of a law relating to motor vehicles.
1953	1953	2023 IN 1644—LS 7106/DI 139 46
1954	1954	1 (b) If in the opinion of the court a defendant should be deprived of
1955	1955	2 the privilege to operate a motor vehicle upon a public highway, the
1956	1956	3 court may recommend the suspension of the convicted person's driving
1957	1957	4 privileges for a period that does not exceed the maximum period of
1958	1958	5 incarceration for the offense of which the person was convicted.
1959	1959	6 (c) The bureau shall comply with the court's recommendation.
1960	1960	7 (d) At the time of a conviction referred to in subsection (a) or under
1961	1961	8 IC 9-30-5-7, the court may obtain and destroy the defendant's current
1962	1962	9 driver's license or driving privilege card.
1963	1963	10 (e) An abstract required by this section must be in the form
1964	1964	11 prescribed by the bureau and, when certified, shall be accepted by an
1965	1965	12 administrative agency or a court as prima facie evidence of the
1966	1966	13 conviction and all other action stated in the abstract.
1967	1967	14 SECTION 52. IC 9-30-13-8, AS AMENDED BY P.L.217-2014,
1968	1968	15 SECTION 152, IS AMENDED TO READ AS FOLLOWS
1969	1969	16 [EFFECTIVE JULY 1, 2023]: Sec. 8. (a) Upon receiving an order
1970	1970	17 issued by a court under IC 35-43-4-8(b) concerning a person convicted
1971	1971	18 of fuel theft, the bureau shall do the following:
1972	1972	19 (1) Suspend under subsection (b) the driving privileges of the
1973	1973	20 person who is the subject of the order, whether or not the person's
1974	1974	21 current driver's license or driving privilege card accompanies
1975	1975	22 the order.
1976	1976	23 (2) Mail to the last known address of the person who is the subject
1977	1977	24 of the order a notice:
1978	1978	25 (A) stating that the person's driving privileges are being
1979	1979	26 suspended for fuel theft;
1980	1980	27 (B) setting forth the date on which the suspension takes effect
1981	1981	28 and the date on which the suspension terminates; and
1982	1982	29 (C) stating that the person may be granted specialized driving
1983	1983	30 privileges under IC 9-30-16 if the person meets the conditions
1984	1984	31 for obtaining specialized driving privileges.
1985	1985	32 (b) The suspension of the driving privileges of a person who is the
1986	1986	33 subject of an order issued under IC 35-43-4-8(b):
1987	1987	34 (1) begins five (5) business days after the date on which the
1988	1988	35 bureau mails the notice to the person under subsection (a)(2); and
1989	1989	36 (2) terminates thirty (30) days after the suspension begins.
1990	1990	37 (c) A person who operates a motor vehicle during a suspension of
1991	1991	38 the person's driving privileges under this section commits a Class A
1992	1992	39 infraction unless the person's operation of the motor vehicle is
1993	1993	40 authorized by specialized driving privileges granted to the person under
1994	1994	41 IC 9-30-16.
1995	1995	42 (d) The bureau shall, upon receiving a record of conviction of a
1996	1996	2023 IN 1644—LS 7106/DI 139 47
1997	1997	1 person upon a charge of driving a motor vehicle while the driving
1998	1998	2 privileges, permit, or license, or driving privilege card of the person
1999	1999	3 is suspended, fix the period of suspension in accordance with the order
2000	2000	4 of the court.
2001	2001	5 SECTION 53. IC 9-30-13-9, AS ADDED BY P.L.41-2016,
2002	2002	6 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2003	2003	7 JULY 1, 2023]: Sec. 9. (a) Upon receiving an order issued by a court
2004	2004	8 under IC 9-21-5-11(f) concerning a person who has committed the
2005	2005	9 infraction of violating a worksite speed limit for the second time within
2006	2006	10 one (1) year, the bureau shall do the following:
2007	2007	11 (1) Suspend under subsection (b) the driving privileges of the
2008	2008	12 person who is the subject of the order, whether or not the person's
2009	2009	13 current driver's license or driving privilege card accompanies
2010	2010	14 the order.
2011	2011	15 (2) Mail to the last known address of the person who is the subject
2012	2012	16 of the order a notice:
2013	2013	17 (A) stating that the person's driving privileges are being
2014	2014	18 suspended for a second or subsequent offense of exceeding a
2015	2015	19 worksite speed limit within one (1) year;
2016	2016	20 (B) setting forth the date on which the suspension takes effect
2017	2017	21 and the date on which the suspension terminates; and
2018	2018	22 (C) stating that the person may be granted specialized driving
2019	2019	23 privileges under IC 9-30-16 if the person meets the conditions
2020	2020	24 for obtaining specialized driving privileges.
2021	2021	25 (b) The suspension of the driving privileges of a person who is the
2022	2022	26 subject of an order issued under IC 9-21-5-11(f):
2023	2023	27 (1) begins five (5) business days after the date on which the
2024	2024	28 bureau mails the notice to the person under subsection (a)(2); and
2025	2025	29 (2) terminates sixty (60) days after the suspension begins.
2026	2026	30 (c) A person who operates a motor vehicle during a suspension of
2027	2027	31 the person's driving privileges under this section commits a Class A
2028	2028	32 infraction unless the person's operation of the motor vehicle is
2029	2029	33 authorized by specialized driving privileges granted to the person under
2030	2030	34 IC 9-30-16.
2031	2031	35 (d) The bureau shall, upon receiving a record of conviction of a
2032	2032	36 person upon a charge of driving a motor vehicle while the driving
2033	2033	37 privileges, permit, or license, or driving privilege card of the person
2034	2034	38 is suspended, fix the period of suspension in accordance with the order
2035	2035	39 of the court.
2036	2036	40 SECTION 54. IC 9-30-16-1, AS AMENDED BY P.L.111-2021,
2037	2037	41 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2038	2038	42 JULY 1, 2023]: Sec. 1. (a) Except as provided in subsection (b), the
2039	2039	2023 IN 1644—LS 7106/DI 139 48
2040	2040	1 following are ineligible for specialized driving privileges under this
2041	2041	2 chapter:
2042	2042	3 (1) A person who has never been an Indiana resident.
2043	2043	4 (2) A person seeking specialized driving privileges with respect
2044	2044	5 to a suspension based on the person's refusal to submit to a
2045	2045	6 chemical test offered under IC 9-30-6 or IC 9-30-7. However, a
2046	2046	7 court may grant this person driving privileges under
2047	2047	8 IC 9-30-6-8(d).
2048	2048	9 (3) A person whose driving privileges have been suspended or
2049	2049	10 revoked under IC 9-24-10-7(b)(2)(A).
2050	2050	11 (4) A person whose driving privileges have been suspended under
2051	2051	12 IC 9-21-8-52(e) or IC 9-21-12-1(b).
2052	2052	13 (b) This chapter applies to the following:
2053	2053	14 (1) A person who held a driver's license (issued under IC 9-24-3),
2054	2054	15 or a commercial driver's license, a public passenger chauffeur's
2055	2055	16 license, or a chauffeur's license, or a driving privilege card at
2056	2056	17 the time of:
2057	2057	18 (A) the criminal conviction for which the operation of a motor
2058	2058	19 vehicle is an element of the offense;
2059	2059	20 (B) any criminal conviction for an offense under IC 9-30-5,
2060	2060	21 IC 35-46-9, or IC 14-15-8 (before its repeal); or
2061	2061	22 (C) committing the infraction of exceeding a worksite speed
2062	2062	23 limit for the second time in one (1) year under IC 9-21-5-11(f).
2063	2063	24 (2) A person: who:
2064	2064	25 (A) who:
2065	2065	26 (i) has never held a valid Indiana driver's license or driving
2066	2066	27 privilege card; or
2067	2067	28 (ii) does not currently hold a valid Indiana learner's permit
2068	2068	29 or driving privilege card; and
2069	2069	30 (B) who was an Indiana resident when the driving privileges
2070	2070	31 for which the person is seeking specialized driving privileges
2071	2071	32 were suspended.
2072	2072	33 (c) Except as specifically provided in this chapter, a court may
2073	2073	34 suspend the driving privileges of a person convicted of any of the
2074	2074	35 following offenses for a period up to the maximum allowable period of
2075	2075	36 incarceration under the penalty for the offense:
2076	2076	37 (1) Any criminal conviction in which the operation of a motor
2077	2077	38 vehicle is an element of the offense.
2078	2078	39 (2) Any criminal conviction for an offense under IC 9-30-5,
2079	2079	40 IC 35-46-9, or IC 14-15-8 (before its repeal).
2080	2080	41 (3) Any offense under IC 35-42-1, IC 35-42-2, or IC 35-44.1-3-1
2081	2081	42 that involves the use of a vehicle.
2082	2082	2023 IN 1644—LS 7106/DI 139 49
2083	2083	1 (d) Except as provided in section 3.5 of this chapter, a suspension
2084	2084	2 of driving privileges under this chapter may begin before the
2085	2085	3 conviction. Multiple suspensions of driving privileges ordered by a
2086	2086	4 court that are part of the same episode of criminal conduct shall be
2087	2087	5 served concurrently. A court may grant credit time for any suspension
2088	2088	6 that began before the conviction, except as prohibited by section
2089	2089	7 6(a)(2) of this chapter.
2090	2090	8 (e) If a person has had an ignition interlock device installed as a
2091	2091	9 condition of specialized driving privileges or under IC 9-30-6-8(d), the
2092	2092	10 period of the installation shall be credited as part of the suspension of
2093	2093	11 driving privileges.
2094	2094	12 (f) This subsection applies to a person described in subsection
2095	2095	13 (b)(2). A court shall, as a condition of granting specialized driving
2096	2096	14 privileges to the person, require the person to apply for and obtain an
2097	2097	15 Indiana driver's license or driving privilege card.
2098	2098	16 (g) If a person indicates to the court at an initial hearing (as
2099	2099	17 described in IC 35-33-7) that the person intends to file a petition for a
2100	2100	18 specialized driving privileges hearing with that court under section 3
2101	2101	19 or 4 of this chapter, the following apply:
2102	2102	20 (1) The court shall:
2103	2103	21 (A) stay the suspension of the person's driving privileges at the
2104	2104	22 initial hearing and shall not submit the probable cause
2105	2105	23 affidavit related to the person's offense to the bureau; and
2106	2106	24 (B) set the matter for a specialized driving privileges hearing
2107	2107	25 not later than thirty (30) days after the initial hearing.
2108	2108	26 (2) If the person does not file a petition for a specialized driving
2109	2109	27 privileges hearing not later than ten (10) days after the date of the
2110	2110	28 initial hearing, the court shall lift the stay of the suspension of the
2111	2111	29 person's driving privileges and shall submit the probable cause
2112	2112	30 affidavit related to the person's offense to the bureau for
2113	2113	31 automatic suspension.
2114	2114	32 (3) If the person files a petition for a specialized driving privileges
2115	2115	33 hearing not later than ten (10) days after the initial hearing, the
2116	2116	34 stay of the suspension of the person's driving privileges continues
2117	2117	35 until the matter is heard and a determination is made by the court
2118	2118	36 at the specialized driving privileges hearing.
2119	2119	37 (4) If the specialized driving privileges hearing is continued due
2120	2120	38 to:
2121	2121	39 (A) a congestion of the court calendar;
2122	2122	40 (B) the prosecuting attorney's motion for a continuance; or
2123	2123	41 (C) the person's motion for a continuance with no objection by
2124	2124	42 the prosecuting attorney;
2125	2125	2023 IN 1644—LS 7106/DI 139 50
2126	2126	1 the stay of the suspension of the person's driving privileges
2127	2127	2 continues until addressed at the next hearing.
2128	2128	3 (5) If the person moves for a continuance of the specialized
2129	2129	4 driving privileges hearing and the court grants the continuance
2130	2130	5 over the prosecuting attorney's objection, the court shall lift the
2131	2131	6 stay of the suspension of the person's driving privileges and shall
2132	2132	7 submit the probable cause affidavit related to the person's offense
2133	2133	8 to the bureau for automatic suspension.
2134	2134	9 SECTION 55. IC 9-30-16-3, AS AMENDED BY P.L.29-2020,
2135	2135	10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2136	2136	11 JULY 1, 2023]: Sec. 3. (a) This section does not apply to specialized
2137	2137	12 driving privileges granted in accordance with section 3.5 of this
2138	2138	13 chapter. If a court orders a suspension of driving privileges under this
2139	2139	14 chapter, or imposes a suspension of driving privileges under
2140	2140	15 IC 9-30-6-9(c), the court may stay the suspension and grant a
2141	2141	16 specialized driving privilege as set forth in this section.
2142	2142	17 (b) An individual who seeks specialized driving privileges must file
2143	2143	18 a petition for specialized driving privileges in each court that has
2144	2144	19 ordered or imposed a suspension of the individual's driving privileges.
2145	2145	20 Each petition must:
2146	2146	21 (1) be verified by the petitioner;
2147	2147	22 (2) state the petitioner's age, date of birth, and address;
2148	2148	23 (3) state the grounds for relief and the relief sought;
2149	2149	24 (4) be filed in the court case that resulted in the order of
2150	2150	25 suspension; and
2151	2151	26 (5) be served on the bureau and the prosecuting attorney.
2152	2152	27 A prosecuting attorney shall appear on behalf of the bureau to respond
2153	2153	28 to a petition filed under this subsection.
2154	2154	29 (c) Except as provided in subsection (h), regardless of the
2155	2155	30 underlying offense, specialized driving privileges granted under this
2156	2156	31 section shall be granted for a period of time as determined by the court.
2157	2157	32 A court, at its discretion, may set periodic review hearings to review an
2158	2158	33 individual's specialized driving privileges.
2159	2159	34 (d) The terms of specialized driving privileges must be determined
2160	2160	35 by a court.
2161	2161	36 (e) A stay of a suspension and specialized driving privileges may
2162	2162	37 not be granted to an individual who:
2163	2163	38 (1) has previously been granted specialized driving privileges;
2164	2164	39 and
2165	2165	40 (2) has more than one (1) conviction under section 5 of this
2166	2166	41 chapter.
2167	2167	42 (f) An individual who has been granted specialized driving
2168	2168	2023 IN 1644—LS 7106/DI 139 51
2169	2169	1 privileges shall:
2170	2170	2 (1) maintain proof of future financial responsibility insurance
2171	2171	3 during the period of specialized driving privileges;
2172	2172	4 (2) carry a copy of the order granting specialized driving
2173	2173	5 privileges or have the order in the vehicle being operated by the
2174	2174	6 individual;
2175	2175	7 (3) produce the copy of the order granting specialized driving
2176	2176	8 privileges upon the request of a police officer; and
2177	2177	9 (4) carry a validly issued state identification card, or driver's
2178	2178	10 license, or driving privilege card.
2179	2179	11 (g) An individual who holds a commercial driver's license and has
2180	2180	12 been granted specialized driving privileges under this chapter may not,
2181	2181	13 for the duration of the suspension for which the specialized driving
2182	2182	14 privileges are sought, operate any vehicle that requires the individual
2183	2183	15 to hold a commercial driver's license to operate the vehicle.
2184	2184	16 (h) Whenever a suspension of an individual's driving privileges
2185	2185	17 under this chapter is terminated because:
2186	2186	18 (1) the underlying conviction, judgment, or finding that forms the
2187	2187	19 basis of the suspension is reversed, vacated, or dismissed; or
2188	2188	20 (2) the individual is acquitted of, found not liable for, or otherwise
2189	2189	21 found not to have committed the underlying act or offense that
2190	2190	22 forms the basis of the suspension;
2191	2191	23 the individual's specialized driving privileges expire at the time the
2192	2192	24 suspension of the individual's driving privileges is terminated.
2193	2193	25 (i) The court shall inform the bureau of a termination of a
2194	2194	26 suspension and expiration of specialized driving privileges as described
2195	2195	27 under subsection (h) in a format designated by the bureau.
2196	2196	28 SECTION 56. IC 9-30-16-3.5, AS AMENDED BY P.L.29-2020,
2197	2197	29 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2198	2198	30 JULY 1, 2023]: Sec. 3.5. (a) If a court imposes a suspension of driving
2199	2199	31 privileges under IC 9-21-5-11(f), the court may stay the suspension and
2200	2200	32 grant a specialized driving privilege as set forth in this section.
2201	2201	33 (b) Except as provided in subsection (g), specialized driving
2202	2202	34 privileges granted under this section shall be granted for a period of
2203	2203	35 time as determined by the court. A court, at its discretion, may set
2204	2204	36 periodic review hearings to review an individual's specialized driving
2205	2205	37 privileges.
2206	2206	38 (c) Specialized driving privileges granted under this section:
2207	2207	39 (1) must be determined by a court; and
2208	2208	40 (2) are limited to restricting the individual to being allowed to
2209	2209	41 operate a motor vehicle between the place of employment of the
2210	2210	42 individual and the individual's residence.
2211	2211	2023 IN 1644—LS 7106/DI 139 52
2212	2212	1 (d) An individual who has been granted specialized driving
2213	2213	2 privileges under this section shall:
2214	2214	3 (1) maintain proof of future financial responsibility insurance
2215	2215	4 during the period of specialized driving privileges;
2216	2216	5 (2) carry a copy of the order granting specialized driving
2217	2217	6 privileges or have the order in the vehicle being operated by the
2218	2218	7 individual;
2219	2219	8 (3) produce the copy of the order granting specialized driving
2220	2220	9 privileges upon the request of a police officer; and
2221	2221	10 (4) carry a validly issued driver's license or driving privilege
2222	2222	11 card.
2223	2223	12 (e) An individual who holds a commercial driver's license and has
2224	2224	13 been granted specialized driving privileges under this chapter may not,
2225	2225	14 for the duration of the suspension for which the specialized driving
2226	2226	15 privileges are sought, operate a motor vehicle that requires the
2227	2227	16 individual to hold a commercial driver's license to operate the motor
2228	2228	17 vehicle.
2229	2229	18 (f) An individual who seeks specialized driving privileges must file
2230	2230	19 a petition for specialized driving privileges in each court that has
2231	2231	20 ordered or imposed a suspension of the individual's driving privileges.
2232	2232	21 Each petition must:
2233	2233	22 (1) be verified by the petitioner;
2234	2234	23 (2) state the petitioner's age, date of birth, and address;
2235	2235	24 (3) state the grounds for relief and the relief sought;
2236	2236	25 (4) be filed in the court that ordered or imposed the suspension;
2237	2237	26 and
2238	2238	27 (5) be served on the bureau and the prosecuting attorney.
2239	2239	28 A prosecuting attorney shall appear on behalf of the bureau to respond
2240	2240	29 to a petition filed under this subsection.
2241	2241	30 (g) Whenever a suspension of an individual's driving privileges
2242	2242	31 under this chapter is terminated because:
2243	2243	32 (1) the underlying conviction, judgment, or finding that forms the
2244	2244	33 basis of the suspension is reversed, vacated, or dismissed; or
2245	2245	34 (2) the individual is acquitted of, found not liable for, or otherwise
2246	2246	35 found not to have committed the underlying act or offense that
2247	2247	36 forms the basis of the suspension;
2248	2248	37 the individual's specialized driving privileges expire at the time the
2249	2249	38 suspension of the individual's driving privileges is terminated.
2250	2250	39 (h) The court shall inform the bureau of a termination of a
2251	2251	40 suspension of driving privileges and expiration of specialized driving
2252	2252	41 privileges as described under subsection (g) in a format designated by
2253	2253	42 the bureau.
2254	2254	2023 IN 1644—LS 7106/DI 139 53
2255	2255	1 SECTION 57. IC 9-30-16-5, AS AMENDED BY P.L.10-2019,
2256	2256	2 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2257	2257	3 JULY 1, 2023]: Sec. 5. (a) A person who knowingly or intentionally
2258	2258	4 violates a condition imposed by a court under section 3, 3.5, or 4 of this
2259	2259	5 chapter, or imposed under IC 9-30-10-14.2, commits a Class C
2260	2260	6 misdemeanor. The prosecuting attorney may notify the court that issued
2261	2261	7 the specialized driving privileges order of the alleged violation. If the
2262	2262	8 specialized driving privileges order is from a different county, the
2263	2263	9 prosecuting attorney may also notify the prosecuting attorney in that
2264	2264	10 county of the violation.
2265	2265	11 (b) For a person convicted of an offense under subsection (a), the
2266	2266	12 court that issued the specialized driving privileges order that was
2267	2267	13 violated may modify or revoke specialized driving privileges. The court
2268	2268	14 that issued the specialized driving privileges order that was violated
2269	2269	15 may order the bureau to lift the stay of a suspension of driving
2270	2270	16 privileges and suspend the person's driving driver's license or driving
2271	2271	17 privilege card as originally ordered in addition to any additional
2272	2272	18 suspension.
2273	2273	19 SECTION 58. IC 9-30-16-6, AS AMENDED BY P.L.110-2020,
2274	2274	20 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2275	2275	21 JULY 1, 2023]: Sec. 6. (a) A person whose driving privileges are
2276	2276	22 suspended under section 1(c) of this chapter:
2277	2277	23 (1) is entitled to credit for any days during which the license or
2278	2278	24 driving privilege card was suspended under IC 9-30-6-9(c); and
2279	2279	25 (2) may not receive any credit for days during which the person's
2280	2280	26 driving privileges were suspended under IC 9-30-6-9(b).
2281	2281	27 (b) A period of suspension of driving privileges imposed under
2282	2282	28 section 1(c) of this chapter must be consecutive to any period of
2283	2283	29 suspension imposed under IC 9-30-6-9(b). However, if the state and
2284	2284	30 defendant agree pursuant to a term in an accepted plea agreement, or
2285	2285	31 if the court finds at sentencing that it is in the best interest of society,
2286	2286	32 the court shall terminate all or any part of the remaining suspension
2287	2287	33 under IC 9-30-6-9(b) and shall enter this finding in its sentencing
2288	2288	34 order.
2289	2289	35 (c) The bureau shall designate a period of suspension of driving
2290	2290	36 privileges imposed under section 1(c) of this chapter as consecutive to
2291	2291	37 any period of suspension imposed under IC 9-30-6-9(b) unless the
2292	2292	38 sentencing order of the court under subsection (b) terminates all or part
2293	2293	39 of the remaining suspension under IC 9-30-6-9(b).
2294	2294	40 SECTION 59. IC 9-30-16-6.5, AS ADDED BY P.L.110-2020,
2295	2295	41 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2296	2296	42 JULY 1, 2023]: Sec. 6.5. A court and the bureau, if applicable, shall
2297	2297	2023 IN 1644—LS 7106/DI 139 54
2298	2298	1 terminate all or any part of the remaining suspension of a person's
2299	2299	2 license or driving privilege card suspension under section 1(c) of this
2300	2300	3 chapter or under IC 9-30-6-9 if:
2301	2301	4 (1) the charges against the person are dismissed;
2302	2302	5 (2) the person is acquitted; or
2303	2303	6 (3) the person's conviction is vacated or reversed on appeal.
2304	2304	7 SECTION 60. IC 9-30-16-7, AS ADDED BY P.L.198-2016,
2305	2305	8 SECTION 611, IS AMENDED TO READ AS FOLLOWS
2306	2306	9 [EFFECTIVE JULY 1, 2023]: Sec. 7. If the bureau issues a driver's
2307	2307	10 license or driving privilege card to an individual who has been issued
2308	2308	11 specialized driving privileges, the individual shall pay a specialized
2309	2309	12 driving privileges charge of ten dollars ($10). The charge is in addition
2310	2310	13 to any applicable fees under IC 9-24 and shall be deposited in the
2311	2311	14 commission fund.
2312	2312	15 SECTION 61. IC 9-33-4-2, AS AMENDED BY P.L.86-2021,
2313	2313	16 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2314	2314	17 JULY 1, 2023]: Sec. 2. This chapter applies to the following:
2315	2315	18 (1) An unpaid judgment for an infraction described in this title
2316	2316	19 that relates to the operation of a motor vehicle, if the infraction
2317	2317	20 was committed before January 1, 2020.
2318	2318	21 (2) A driving privileges reinstatement fee (as described in
2319	2319	22 IC 9-25-6-15), which a person with a suspended driver's license
2320	2320	23 or driving privilege card is or would be required to pay to
2321	2321	24 reinstate the person's driver's license or driving privilege card if
2322	2322	25 the person's driver's license was suspended before January 1,
2323	2323	26 2020.
2324	2324	27 (3) Any court costs, administrative fees, late fees, or other fees
2325	2325	28 imposed on a person in connection with an unpaid judgment or
2326	2326	29 fee described in subdivision (1) or (2).
2327	2327	30 SECTION 62. IC 20-33-2-11, AS AMENDED BY P.L.111-2021,
2328	2328	31 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2329	2329	32 JULY 1, 2023]: Sec. 11. (a) Notwithstanding IC 9-24 concerning the
2330	2330	33 minimum requirements for qualifying for the issuance of a driver's
2331	2331	34 license, or a learner's permit, or a driving privilege card, and subject
2332	2332	35 to subsections (c) through (e), an individual who is:
2333	2333	36 (1) at least fifteen (15) years of age and less than eighteen (18)
2334	2334	37 years of age;
2335	2335	38 (2) a habitual truant under the definition of habitual truant
2336	2336	39 established under subsection (b); and
2337	2337	40 (3) identified in the information submitted to the bureau of motor
2338	2338	41 vehicles under subsection (f);
2339	2339	42 may not be issued a driver's license, or a learner's permit, or a driving
2340	2340	2023 IN 1644—LS 7106/DI 139 55
2341	2341	1 privilege card to drive a motor vehicle under IC 9-24 until the
2342	2342	2 individual is at least eighteen (18) years of age.
2343	2343	3 (b) Each governing body may establish and include as part of the
2344	2344	4 written copy of its discipline rules described in IC 20-33-8-12:
2345	2345	5 (1) a definition of a child who is designated as a habitual truant,
2346	2346	6 which must, at a minimum, define the term as a student who is
2347	2347	7 chronically absent, by having unexcused absences from school for
2348	2348	8 more than ten (10) days of school in one (1) school year; and
2349	2349	9 (2) all other pertinent matters related to this action.
2350	2350	10 (c) An individual described in subsection (a) is entitled to the
2351	2351	11 procedure described in IC 20-33-8-19.
2352	2352	12 (d) An individual described in subsection (a) who is at least thirteen
2353	2353	13 (13) years of age and less than eighteen (18) years of age is entitled to
2354	2354	14 a periodic review of the individual's attendance record in school to
2355	2355	15 determine whether the prohibition described in subsection (a) shall
2356	2356	16 continue. The periodic reviews may not be conducted less than one (1)
2357	2357	17 time each school year.
2358	2358	18 (e) Upon review, the governing body may determine that the
2359	2359	19 individual's attendance record has improved to the degree that the
2360	2360	20 individual may become eligible to be issued a driver's license, or a
2361	2361	21 learner's permit, or a driving privilege card.
2362	2362	22 (f) The governing body of the school corporation may submit to the
2363	2363	23 bureau of motor vehicles the pertinent information concerning an
2364	2364	24 individual's ineligibility under subsection (a) to be issued a driver's
2365	2365	25 license, or a learner's permit, or a driving privilege card.
2366	2366	26 (g) The department shall develop guidelines concerning criteria
2367	2367	27 used in defining a habitual truant that may be considered by a
2368	2368	28 governing body in complying with subsection (b).
2369	2369	29 SECTION 63. IC 20-33-2-28.5, AS AMENDED BY P.L.147-2020,
2370	2370	30 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2371	2371	31 JULY 1, 2023]: Sec. 28.5. (a) This section applies to an individual:
2372	2372	32 (1) who:
2373	2373	33 (A) attends or last attended a public school;
2374	2374	34 (B) is at least sixteen (16) years of age but less than eighteen
2375	2375	35 (18) years of age; and
2376	2376	36 (C) has not completed the requirements for graduation;
2377	2377	37 (2) who:
2378	2378	38 (A) wishes to withdraw from school before graduation;
2379	2379	39 (B) fails to return at the beginning of a semester; or
2380	2380	40 (C) stops attending school during a semester; and
2381	2381	41 (3) who has no record of transfer to another school.
2382	2382	42 (b) An individual to whom this section applies may withdraw from
2383	2383	2023 IN 1644—LS 7106/DI 139 56
2384	2384	1 school only if all of the following conditions are met:
2385	2385	2 (1) An exit interview is conducted.
2386	2386	3 (2) The individual's parent consents to the withdrawal.
2387	2387	4 (3) The school principal approves of the withdrawal.
2388	2388	5 (4) The withdrawal is due to:
2389	2389	6 (A) financial hardship and the individual must be employed to
2390	2390	7 support the individual's family or a dependent;
2391	2391	8 (B) illness; or
2392	2392	9 (C) an order by a court that has jurisdiction over the child.
2393	2393	10 During the exit interview, the school principal shall provide to the
2394	2394	11 student and the student's parent a copy of statistics compiled by the
2395	2395	12 department concerning the likely consequences of life without a high
2396	2396	13 school diploma. The school principal shall advise the student and the
2397	2397	14 student's parent that the student's withdrawal from school may prevent
2398	2398	15 the student from receiving or result in the revocation of the student's
2399	2399	16 employment certificate and driver's license, or learner's permit, or
2400	2400	17 driving privilege card.
2401	2401	18 (c) For purposes of this section, the following must be in written
2402	2402	19 form:
2403	2403	20 (1) An individual's request to withdraw from school.
2404	2404	21 (2) A parent's consent to a withdrawal.
2405	2405	22 (3) A principal's consent to a withdrawal.
2406	2406	23 (d) If the individual's principal does not consent to the individual's
2407	2407	24 withdrawal under this section, the individual's parent may appeal the
2408	2408	25 denial of consent to the governing body of the public school that the
2409	2409	26 individual last attended.
2410	2410	27 (e) Each public school, including each school corporation and each
2411	2411	28 charter school (as defined in IC 20-24-1-4), shall provide an annual
2412	2412	29 report to the department setting forth the following information:
2413	2413	30 (1) The total number of individuals:
2414	2414	31 (A) who withdrew from school under this section; and
2415	2415	32 (B) who either:
2416	2416	33 (i) failed to return to school at the beginning of a semester;
2417	2417	34 or
2418	2418	35 (ii) stopped attending school during a semester;
2419	2419	36 and for whom there is no record of transfer to another school.
2420	2420	37 (2) The number of individuals who withdrew from school
2421	2421	38 following an exit interview.
2422	2422	39 (f) If an individual to which this section applies:
2423	2423	40 (1) has not received consent to withdraw from school under this
2424	2424	41 section; and
2425	2425	42 (2) fails to return to school at the beginning of a semester or
2426	2426	2023 IN 1644—LS 7106/DI 139 57
2427	2427	1 during the semester;
2428	2428	2 the principal of the school that the individual last attended may deliver
2429	2429	3 by certified mail or personal delivery to the bureau of youth
2430	2430	4 employment a record of the individual's failure to return to school so
2431	2431	5 that the bureau of youth employment revokes any employment
2432	2432	6 certificates issued under IC 22-2-18 (before its expiration on June 30,
2433	2433	7 2021) to the individual and does not issue any additional employment
2434	2434	8 certificates to the individual. For purposes of IC 22-2-18-20 (before its
2435	2435	9 expiration on June 30, 2021), the individual shall be considered a
2436	2436	10 dropout.
2437	2437	11 (g) At the same time that a school principal delivers the record
2438	2438	12 under subsection (f), the principal may deliver by certified mail or
2439	2439	13 personal delivery to the bureau of motor vehicles a record of the
2440	2440	14 individual's failure to return to school so that the bureau of motor
2441	2441	15 vehicles revokes any driver's license, or learner's permit, or driving
2442	2442	16 privilege card issued to the individual and does not issue any
2443	2443	17 additional driver's licenses, or learner's permits, or driving privilege
2444	2444	18 cards to the individual before the individual is at least eighteen (18)
2445	2445	19 years of age. For purposes of IC 9-24-2-1, the individual shall be
2446	2446	20 considered a dropout.
2447	2447	21 (h) If:
2448	2448	22 (1) a principal has delivered the record required under subsection
2449	2449	23 (f) or (g), or both; and
2450	2450	24 (2) the school subsequently gives consent to the individual to
2451	2451	25 withdraw from school under this section;
2452	2452	26 the principal of the school shall send a notice of withdrawal to the
2453	2453	27 bureau of youth employment and the bureau of motor vehicles by
2454	2454	28 certified mail or personal delivery and, for purposes of IC 22-2-18-20
2455	2455	29 (before its expiration on June 30, 2021) and IC 9-24-2-1, the individual
2456	2456	30 shall no longer be considered a dropout.
2457	2457	31 SECTION 64. IC 20-33-8-33, AS AMENDED BY P.L.233-2015,
2458	2458	32 SECTION 264, IS AMENDED TO READ AS FOLLOWS
2459	2459	33 [EFFECTIVE JULY 1, 2023]: Sec. 33. Before February 1 and before
2460	2460	34 October 1 of each year, except when a hearing has been requested to
2461	2461	35 determine financial hardship under IC 9-24-2-1(a)(4), a principal may
2462	2462	36 submit to the bureau of motor vehicles the pertinent information
2463	2463	37 concerning an individual's ineligibility under IC 9-24-2-1 to be issued
2464	2464	38 a driver's license, or learner's permit, or driving privilege card or
2465	2465	39 concerning the suspension of driving privileges under IC 9-24-2-4.
2466	2466	40 SECTION 65. IC 31-37-19-13, AS AMENDED BY P.L.111-2021,
2467	2467	41 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2468	2468	42 JULY 1, 2023]: Sec. 13. (a) This section applies if a child is a
2469	2469	2023 IN 1644—LS 7106/DI 139 58
2470	2470	1 delinquent child under IC 31-37-1 due to the commission of a
2471	2471	2 delinquent act that, if committed by an adult, would be:
2472	2472	3 (1) dealing in:
2473	2473	4 (A) a controlled substance (as defined in IC 35-48-1-9); or
2474	2474	5 (B) a counterfeit substance (as defined in IC 35-48-1-10);
2475	2475	6 (2) possessing:
2476	2476	7 (A) a controlled substance (as defined in IC 35-48-1-9); or
2477	2477	8 (B) a prescription drug (as defined in IC 35-48-1-25);
2478	2478	9 for which the child does not have a prescription; or
2479	2479	10 (3) conspiring to commit an act described in subdivision (1) or
2480	2480	11 (2).
2481	2481	12 (b) The juvenile court shall, in addition to any other order or decree
2482	2482	13 the court makes under this chapter, order the bureau of motor vehicles
2483	2483	14 to invalidate the child's driver's license or permit for a period specified
2484	2484	15 by the court of at least six (6) months but not more than one (1) year
2485	2485	16 from the time the child would otherwise be eligible for a learner's
2486	2486	17 permit or driving privilege card.
2487	2487	18 SECTION 66. IC 31-37-19-14, AS AMENDED BY P.L.111-2021,
2488	2488	19 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2489	2489	20 JULY 1, 2023]: Sec. 14. (a) This section applies if:
2490	2490	21 (1) a child has been previously determined to be a delinquent
2491	2491	22 child under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal)
2492	2492	23 due to the commission of a delinquent act described in section
2493	2493	24 13(a)(1), 13(a)(2), or 13(a)(3) of this chapter (or
2494	2494	25 IC 31-6-4-15.9(d)(1), IC 31-6-4-15.9(d)(2), or
2495	2495	26 IC 31-6-4-15.9(d)(3) before its repeal); or
2496	2496	27 (2) the delinquent act described in section 13(a)(1), 13(a)(2), or
2497	2497	28 13(a)(3) of this chapter (or IC 31-6-4-15.9(d)(1),
2498	2498	29 IC 31-6-4-15.9(d)(2), or IC 31-6-4-15.9(d)(3) before its repeal)
2499	2499	30 was committed:
2500	2500	31 (A) on school property;
2501	2501	32 (B) within one thousand (1,000) feet of school property; or
2502	2502	33 (C) on a school bus.
2503	2503	34 (b) The juvenile court shall, in addition to any other order or decree
2504	2504	35 the court makes under this chapter, order the bureau of motor vehicles
2505	2505	36 to invalidate the child's driver's license or driving privilege card for
2506	2506	37 a period specified by the court of at least six (6) months but not more
2507	2507	38 than two (2) years from the time the child would otherwise be eligible
2508	2508	39 for a learner's permit or driving privilege card.
2509	2509	40 SECTION 67. IC 31-37-19-15 IS AMENDED TO READ AS
2510	2510	41 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 15. (a) This section
2511	2511	42 applies if a child is a delinquent child under IC 31-37-1 due to the
2512	2512	2023 IN 1644—LS 7106/DI 139 59
2513	2513	1 commission of a delinquent act that, if committed by an adult, would
2514	2514	2 be:
2515	2515	3 (1) dealing in:
2516	2516	4 (A) a controlled substance (as defined in IC 35-48-1-9); or
2517	2517	5 (B) a counterfeit substance (as defined in IC 35-48-1-10);
2518	2518	6 (2) possessing:
2519	2519	7 (A) a controlled substance (as defined in IC 35-48-1-9); or
2520	2520	8 (B) a prescription drug (as defined in IC 35-48-1-25);
2521	2521	9 for which the child does not have a prescription; or
2522	2522	10 (3) conspiring to commit an act described in subdivision (1) or
2523	2523	11 (2).
2524	2524	12 (b) The juvenile court shall, in addition to any other order or decree
2525	2525	13 the court makes under this chapter, order the bureau of motor vehicles
2526	2526	14 not to issue the child a learner's permit or driving privilege card for
2527	2527	15 a period specified by the court of at least six (6) months but not more
2528	2528	16 than one (1) year from the time the child would otherwise be eligible
2529	2529	17 for a learner's permit or driving privilege card.
2530	2530	18 SECTION 68. IC 31-37-19-16 IS AMENDED TO READ AS
2531	2531	19 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 16. (a) This section
2532	2532	20 applies if:
2533	2533	21 (1) a child has been previously determined to be a delinquent
2534	2534	22 child under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal)
2535	2535	23 due to the commission of a delinquent act described in section
2536	2536	24 15(a)(1), 15(a)(2), or 15(a)(3) of this chapter (or
2537	2537	25 IC 31-6-4-15.9(e)(1), IC 31-6-4-15.9(e)(2), or
2538	2538	26 IC 31-6-4-15.9(e)(3) before its repeal); or
2539	2539	27 (2) the delinquent act described in section 15(a)(1), 15(a)(2), or
2540	2540	28 15(a)(3) of this chapter (or IC 31-6-4-15.9(e)(1),
2541	2541	29 IC 31-6-4-15.9(e)(2), or IC 31-6-4-15.9(e)(3) before its repeal)
2542	2542	30 was committed:
2543	2543	31 (A) on school property;
2544	2544	32 (B) within one thousand (1,000) feet of school property; or
2545	2545	33 (C) on a school bus.
2546	2546	34 (b) The juvenile court shall, in addition to any other order or decree
2547	2547	35 the court makes under this chapter, order the bureau of motor vehicles
2548	2548	36 not to issue the child a learner's permit or driving privilege card for
2549	2549	37 a period specified by the court of at least six (6) months but not more
2550	2550	38 than two (2) years from the time the child would otherwise be eligible
2551	2551	39 for a learner's permit or driving privilege card.
2552	2552	40 SECTION 69. IC 31-37-19-17, AS AMENDED BY P.L.111-2021,
2553	2553	41 SECTION 100, IS AMENDED TO READ AS FOLLOWS
2554	2554	42 [EFFECTIVE JULY 1, 2023]: Sec. 17. (a) This section applies if a
2555	2555	2023 IN 1644—LS 7106/DI 139 60
2556	2556	1 child is a delinquent child under IC 31-37-1 due to the commission of
2557	2557	2 a delinquent act that, if committed by an adult, would be criminal
2558	2558	3 mischief or institutional criminal mischief under IC 35-43-1-2 that
2559	2559	4 involves the use of graffiti.
2560	2560	5 (b) The juvenile court may, in addition to any other order or decree
2561	2561	6 the court makes under this chapter, order the bureau of motor vehicles
2562	2562	7 to:
2563	2563	8 (1) suspend the child's driver's license or driving privilege card;
2564	2564	9 or
2565	2565	10 (2) invalidate the child's learner's permit or driving privilege
2566	2566	11 card;
2567	2567	12 for one (1) year beginning the date of the order.
2568	2568	13 SECTION 70. IC 34-24-1-1, AS AMENDED BY P.L.174-2021,
2569	2569	14 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2570	2570	15 JULY 1, 2023]: Sec. 1. (a) The following may be seized:
2571	2571	16 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
2572	2572	17 or are intended for use by the person or persons in possession of
2573	2573	18 them to transport or in any manner to facilitate the transportation
2574	2574	19 of the following:
2575	2575	20 (A) A controlled substance for the purpose of committing,
2576	2576	21 attempting to commit, or conspiring to commit any of the
2577	2577	22 following:
2578	2578	23 (i) Dealing in or manufacturing cocaine or a narcotic drug
2579	2579	24 (IC 35-48-4-1).
2580	2580	25 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
2581	2581	26 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
2582	2582	27 (iv) Dealing in a schedule I, II, or III controlled substance
2583	2583	28 (IC 35-48-4-2).
2584	2584	29 (v) Dealing in a schedule IV controlled substance (IC
2585	2585	30 35-48-4-3).
2586	2586	31 (vi) Dealing in a schedule V controlled substance (IC
2587	2587	32 35-48-4-4).
2588	2588	33 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
2589	2589	34 (viii) Possession of cocaine or a narcotic drug (IC
2590	2590	35 35-48-4-6).
2591	2591	36 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
2592	2592	37 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
2593	2593	38 (xi) Dealing in marijuana, hash oil, hashish, or salvia (IC
2594	2594	39 35-48-4-10).
2595	2595	40 (xii) An offense under IC 35-48-4 involving a synthetic drug
2596	2596	41 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
2597	2597	42 substance (as defined in IC 35-31.5-2-321.5 (before its
2598	2598	2023 IN 1644—LS 7106/DI 139 61
2599	2599	1 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
2600	2600	2 repeal on July 1, 2019), a controlled substance analog (as
2601	2601	3 defined in IC 35-48-1-9.3), or a substance represented to be
2602	2602	4 a controlled substance (as described in IC 35-48-4-4.6).
2603	2603	5 (B) Any stolen (IC 35-43-4-2) or converted property (IC
2604	2604	6 35-43-4-3) if the retail or repurchase value of that property is
2605	2605	7 one hundred dollars ($100) or more.
2606	2606	8 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
2607	2607	9 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
2608	2608	10 mass destruction (as defined in IC 35-31.5-2-354) used to
2609	2609	11 commit, used in an attempt to commit, or used in a conspiracy
2610	2610	12 to commit a felony terrorist offense (as defined in
2611	2611	13 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
2612	2612	14 furtherance of an act of terrorism (as defined by
2613	2613	15 IC 35-31.5-2-329).
2614	2614	16 (2) All money, negotiable instruments, securities, weapons,
2615	2615	17 communications devices, or any property used to commit, used in
2616	2616	18 an attempt to commit, or used in a conspiracy to commit a felony
2617	2617	19 terrorist offense (as defined in IC 35-50-2-18) or an offense under
2618	2618	20 IC 35-47 as part of or in furtherance of an act of terrorism or
2619	2619	21 commonly used as consideration for a violation of IC 35-48-4
2620	2620	22 (other than items subject to forfeiture under IC 16-42-20-5 or
2621	2621	23 IC 16-6-8.5-5.1, before its repeal):
2622	2622	24 (A) furnished or intended to be furnished by any person in
2623	2623	25 exchange for an act that is in violation of a criminal statute;
2624	2624	26 (B) used to facilitate any violation of a criminal statute; or
2625	2625	27 (C) traceable as proceeds of the violation of a criminal statute.
2626	2626	28 (3) Any portion of real or personal property purchased with
2627	2627	29 money that is traceable as a proceed of a violation of a criminal
2628	2628	30 statute.
2629	2629	31 (4) A vehicle that is used by a person to:
2630	2630	32 (A) commit, attempt to commit, or conspire to commit;
2631	2631	33 (B) facilitate the commission of; or
2632	2632	34 (C) escape from the commission of;
2633	2633	35 murder (IC 35-42-1-1), dealing in a controlled substance resulting
2634	2634	36 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
2635	2635	37 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
2636	2636	38 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
2637	2637	39 under IC 35-47 as part of or in furtherance of an act of terrorism.
2638	2638	40 (5) Real property owned by a person who uses it to commit any of
2639	2639	41 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
2640	2640	42 felony:
2641	2641	2023 IN 1644—LS 7106/DI 139 62
2642	2642	1 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
2643	2643	2 35-48-4-1).
2644	2644	3 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
2645	2645	4 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
2646	2646	5 (D) Dealing in a schedule I, II, or III controlled substance (IC
2647	2647	6 35-48-4-2).
2648	2648	7 (E) Dealing in a schedule IV controlled substance (IC
2649	2649	8 35-48-4-3).
2650	2650	9 (F) Dealing in marijuana, hash oil, hashish, or salvia (IC
2651	2651	10 35-48-4-10).
2652	2652	11 (G) Dealing in a synthetic drug (as defined in
2653	2653	12 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
2654	2654	13 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
2655	2655	14 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
2656	2656	15 2019).
2657	2657	16 (H) Dealing in a controlled substance resulting in death (IC
2658	2658	17 35-42-1-1.5).
2659	2659	18 (6) Equipment and recordings used by a person to commit fraud
2660	2660	19 under IC 35-43-5.
2661	2661	20 (7) Recordings sold, rented, transported, or possessed by a person
2662	2662	21 in violation of IC 24-4-10.
2663	2663	22 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
2664	2664	23 defined by IC 35-45-6-1) that is the object of a corrupt business
2665	2665	24 influence violation (IC 35-45-6-2).
2666	2666	25 (9) Unlawful telecommunications devices (as defined in
2667	2667	26 IC 35-45-13-6) and plans, instructions, or publications used to
2668	2668	27 commit an offense under IC 35-45-13.
2669	2669	28 (10) Any equipment, including computer equipment and cellular
2670	2670	29 telephones, used for or intended for use in preparing,
2671	2671	30 photographing, recording, videotaping, digitizing, printing,
2672	2672	31 copying, or disseminating matter in violation of IC 35-42-4.
2673	2673	32 (11) Destructive devices used, possessed, transported, or sold in
2674	2674	33 violation of IC 35-47.5.
2675	2675	34 (12) Tobacco products that are sold in violation of IC 24-3-5,
2676	2676	35 tobacco products that a person attempts to sell in violation of
2677	2677	36 IC 24-3-5, and other personal property owned and used by a
2678	2678	37 person to facilitate a violation of IC 24-3-5.
2679	2679	38 (13) Property used by a person to commit counterfeiting or
2680	2680	39 forgery in violation of IC 35-43-5-2.
2681	2681	40 (14) After December 31, 2005, if a person is convicted of an
2682	2682	41 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
2683	2683	42 following real or personal property:
2684	2684	2023 IN 1644—LS 7106/DI 139 63
2685	2685	1 (A) Property used or intended to be used to commit, facilitate,
2686	2686	2 or promote the commission of the offense.
2687	2687	3 (B) Property constituting, derived from, or traceable to the
2688	2688	4 gross proceeds that the person obtained directly or indirectly
2689	2689	5 as a result of the offense.
2690	2690	6 (15) Except as provided in subsection (e), a vehicle used by a
2691	2691	7 person who operates the vehicle:
2692	2692	8 (A) while intoxicated, in violation of IC 9-30-5-1 through
2693	2693	9 IC 9-30-5-5, if in the previous five (5) years the person has two
2694	2694	10 (2) or more prior unrelated convictions for operating a motor
2695	2695	11 vehicle while intoxicated in violation of IC 9-30-5-1 through
2696	2696	12 IC 9-30-5-5; or
2697	2697	13 (B) on a highway while the person's driving privileges are
2698	2698	14 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
2699	2699	15 if in the previous five (5) years the person has two (2) or more
2700	2700	16 prior unrelated convictions for operating a vehicle while
2701	2701	17 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
2702	2702	18 If a court orders the seizure of a vehicle under this subdivision,
2703	2703	19 the court shall transmit an order to the bureau of motor vehicles
2704	2704	20 recommending that the bureau not permit a vehicle to be
2705	2705	21 registered in the name of the person whose vehicle was seized
2706	2706	22 until the person possesses a current driving driver's license (as
2707	2707	23 defined in IC 9-13-2-41) or driving privilege card (as described
2708	2708	24 in IC 9-13-2-48.1).
2709	2709	25 (16) The following real or personal property:
2710	2710	26 (A) Property used or intended to be used to commit, facilitate,
2711	2711	27 or promote the commission of an offense specified in
2712	2712	28 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
2713	2713	29 IC 30-2-13-38(f).
2714	2714	30 (B) Property constituting, derived from, or traceable to the
2715	2715	31 gross proceeds that a person obtains directly or indirectly as a
2716	2716	32 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
2717	2717	33 IC 30-2-10-9(b), or IC 30-2-13-38(f).
2718	2718	34 (17) Real or personal property, including a vehicle, that is used by
2719	2719	35 a person to:
2720	2720	36 (A) commit, attempt to commit, or conspire to commit;
2721	2721	37 (B) facilitate the commission of; or
2722	2722	38 (C) escape from the commission of;
2723	2723	39 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
2724	2724	40 trafficking) or IC 35-45-4-4 (promoting prostitution).
2725	2725	41 (b) A vehicle used by any person as a common or contract carrier in
2726	2726	42 the transaction of business as a common or contract carrier is not
2727	2727	2023 IN 1644—LS 7106/DI 139 64
2728	2728	1 subject to seizure under this section, unless it can be proven by a
2729	2729	2 preponderance of the evidence that the owner of the vehicle knowingly
2730	2730	3 permitted the vehicle to be used to engage in conduct that subjects it to
2731	2731	4 seizure under subsection (a).
2732	2732	5 (c) Equipment under subsection (a)(10) may not be seized unless it
2733	2733	6 can be proven by a preponderance of the evidence that the owner of the
2734	2734	7 equipment knowingly permitted the equipment to be used to engage in
2735	2735	8 conduct that subjects it to seizure under subsection (a)(10).
2736	2736	9 (d) Money, negotiable instruments, securities, weapons,
2737	2737	10 communications devices, or any property commonly used as
2738	2738	11 consideration for a violation of IC 35-48-4 found near or on a person
2739	2739	12 who is committing, attempting to commit, or conspiring to commit any
2740	2740	13 of the following offenses shall be admitted into evidence in an action
2741	2741	14 under this chapter as prima facie evidence that the money, negotiable
2742	2742	15 instrument, security, or other thing of value is property that has been
2743	2743	16 used or was to have been used to facilitate the violation of a criminal
2744	2744	17 statute or is the proceeds of the violation of a criminal statute:
2745	2745	18 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
2746	2746	19 death).
2747	2747	20 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
2748	2748	21 narcotic drug).
2749	2749	22 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
2750	2750	23 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
2751	2751	24 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
2752	2752	25 substance).
2753	2753	26 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
2754	2754	27 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
2755	2755	28 as a Level 4 felony.
2756	2756	29 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
2757	2757	30 Level 3, Level 4, or Level 5 felony.
2758	2758	31 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
2759	2759	32 3, Level 4, or Level 5 felony.
2760	2760	33 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
2761	2761	34 salvia) as a Level 5 felony.
2762	2762	35 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
2763	2763	36 in a synthetic drug or synthetic drug lookalike substance) as a
2764	2764	37 Level 5 felony or Level 6 felony (or as a Class C felony or Class
2765	2765	38 D felony under IC 35-48-4-10 before its amendment in 2013).
2766	2766	39 (e) A vehicle operated by a person who is not:
2767	2767	40 (1) an owner of the vehicle; or
2768	2768	41 (2) the spouse of the person who owns the vehicle;
2769	2769	42 is not subject to seizure under subsection (a)(15) unless it can be
2770	2770	2023 IN 1644—LS 7106/DI 139 65
2771	2771	1 proven by a preponderance of the evidence that the owner of the
2772	2772	2 vehicle knowingly permitted the vehicle to be used to engage in
2773	2773	3 conduct that subjects it to seizure under subsection (a)(15).
2774	2774	4 SECTION 71. IC 34-30-2.1-95.4 IS ADDED TO THE INDIANA
2775	2775	5 CODE AS A NEW SECTION TO READ AS FOLLOWS
2776	2776	6 [EFFECTIVE JULY 1, 2023]: Sec. 95.4. IC 9-24-3.5-6(d)
2777	2777	7 (Concerning driver education instructors, licensed
2778	2778	8 ophthalmologists, and licensed optometrists who make reports
2779	2779	9 concerning fitness of the applicant to operate a motor vehicle).
2780	2780	10 SECTION 72. IC 34-30-2.1-95.5 IS ADDED TO THE INDIANA
2781	2781	11 CODE AS A NEW SECTION TO READ AS FOLLOWS
2782	2782	12 [EFFECTIVE JULY 1, 2023]: Sec. 95.5. IC 9-24-3.5-13 (Concerning
2783	2783	13 the commissioner, employees, and agents of the bureau of motor
2784	2784	14 vehicles for the validity of the information contained on driving
2785	2785	15 privilege cards).
2786	2786	16 SECTION 73. IC 35-43-1-2, AS AMENDED BY P.L.111-2021,
2787	2787	17 SECTION 104, IS AMENDED TO READ AS FOLLOWS
2788	2788	18 [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) A person who recklessly,
2789	2789	19 knowingly, or intentionally damages or defaces property of another
2790	2790	20 person without the other person's consent commits criminal mischief,
2791	2791	21 a Class B misdemeanor. However, the offense is:
2792	2792	22 (1) a Class A misdemeanor if the pecuniary loss is at least seven
2793	2793	23 hundred fifty dollars ($750) but less than fifty thousand dollars
2794	2794	24 ($50,000); and
2795	2795	25 (2) a Level 6 felony if:
2796	2796	26 (A) the pecuniary loss is at least fifty thousand dollars
2797	2797	27 ($50,000);
2798	2798	28 (B) the damage causes a substantial interruption or impairment
2799	2799	29 of utility service rendered to the public;
2800	2800	30 (C) the damage is to a public record; or
2801	2801	31 (D) the damage is to a law enforcement animal (as defined in
2802	2802	32 IC 35-46-3-4.5).
2803	2803	33 (b) A person who recklessly, knowingly, or intentionally damages:
2804	2804	34 (1) a structure used for religious worship without the consent of
2805	2805	35 the owner, possessor, or occupant of the property that is damaged;
2806	2806	36 (2) a school or community center without the consent of the
2807	2807	37 owner, possessor, or occupant of the property that is damaged;
2808	2808	38 (3) the property of an agricultural operation (as defined in
2809	2809	39 IC 32-30-6-1) without the consent of the owner, possessor, or
2810	2810	40 occupant of the property that is damaged;
2811	2811	41 (4) the grounds:
2812	2812	42 (A) adjacent to; and
2813	2813	2023 IN 1644—LS 7106/DI 139 66
2814	2814	1 (B) owned or rented in common with;
2815	2815	2 a structure or facility identified in subdivisions (1) through (3)
2816	2816	3 without the consent of the owner, possessor, or occupant of the
2817	2817	4 property that is damaged;
2818	2818	5 (5) personal property contained in a structure or located at a
2819	2819	6 facility identified in subdivisions (1) through (3) without the
2820	2820	7 consent of the owner, possessor, or occupant of the property that
2821	2821	8 is damaged;
2822	2822	9 (6) property that is vacant real property (as defined in
2823	2823	10 IC 36-7-36-5) or a vacant structure (as defined in IC 36-7-36-6);
2824	2824	11 or
2825	2825	12 (7) property after the person has been denied entry to the property
2826	2826	13 by a court order that was issued:
2827	2827	14 (A) to the person; or
2828	2828	15 (B) to the general public by conspicuous posting on or around
2829	2829	16 the property in areas where a person could observe the order
2830	2830	17 when the property has been designated by a municipality or
2831	2831	18 county enforcement authority to be a vacant property, an
2832	2832	19 abandoned property, or an abandoned structure (as defined in
2833	2833	20 IC 36-7-36-1);
2834	2834	21 commits institutional criminal mischief, a Class A misdemeanor.
2835	2835	22 However, the offense is a Level 6 felony if the pecuniary loss (or
2836	2836	23 property damage, in the case of an agricultural operation) is at least
2837	2837	24 seven hundred fifty dollars ($750) but less than fifty thousand dollars
2838	2838	25 ($50,000), and a Level 5 felony if the pecuniary loss (or property
2839	2839	26 damage, in the case of an agricultural operation) is at least fifty
2840	2840	27 thousand dollars ($50,000).
2841	2841	28 (c) A person who recklessly, knowingly, or intentionally damages
2842	2842	29 property:
2843	2843	30 (1) during the dealing or manufacture of or attempted dealing or
2844	2844	31 manufacture of a controlled substance; and
2845	2845	32 (2) by means of a fire or an explosion;
2846	2846	33 commits controlled substances criminal mischief, a Level 6 felony.
2847	2847	34 However, the offense is a Level 5 felony if the offense results in
2848	2848	35 moderate bodily injury to any person other than a defendant.
2849	2849	36 (d) If a person is convicted of an offense under this section that
2850	2850	37 involves the use of graffiti, the court may, in addition to any other
2851	2851	38 penalty, order that the person's driver's license or driving privilege
2852	2852	39 card be suspended or invalidated by the bureau of motor vehicles for
2853	2853	40 not more than one (1) year.
2854	2854	41 (e) The court may rescind an order for suspension or invalidation
2855	2855	42 under subsection (d) and allow the person to receive a license or permit
2856	2856	2023 IN 1644—LS 7106/DI 139 67
2857	2857	1 before the period of suspension or invalidation ends if the court
2858	2858	2 determines that the person has removed or painted over the graffiti or
2859	2859	3 has made other suitable restitution.
2860	2860	4 (f) For purposes of this section, "pecuniary loss" includes:
2861	2861	5 (1) the total costs incurred in inspecting, cleaning, and
2862	2862	6 decontaminating property contaminated by a pollutant; and
2863	2863	7 (2) a reasonable estimate of all additional costs not already
2864	2864	8 incurred under subdivision (1) that are necessary to inspect, clean,
2865	2865	9 and decontaminate property contaminated by a pollutant, to the
2866	2866	10 extent that the property has not already been:
2867	2867	11 (A) cleaned;
2868	2868	12 (B) decontaminated; or
2869	2869	13 (C) both cleaned and decontaminated.
2870	2870	14 The term includes inspection, cleaning, or decontamination conducted
2871	2871	15 by a person certified under IC 16-19-3.1.
2872	2872	16 SECTION 74. IC 35-44.1-3-1, AS AMENDED BY P.L.174-2021,
2873	2873	17 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2874	2874	18 JULY 1, 2023]: Sec. 1. (a) A person who knowingly or intentionally:
2875	2875	19 (1) forcibly resists, obstructs, or interferes with a law enforcement
2876	2876	20 officer or a person assisting the officer while the officer is
2877	2877	21 lawfully engaged in the execution of the officer's duties;
2878	2878	22 (2) forcibly resists, obstructs, or interferes with the authorized
2879	2879	23 service or execution of a civil or criminal process or order of a
2880	2880	24 court; or
2881	2881	25 (3) flees from a law enforcement officer after the officer has, by
2882	2882	26 visible or audible means, including operation of the law
2883	2883	27 enforcement officer's siren or emergency lights, identified himself
2884	2884	28 or herself and ordered the person to stop;
2885	2885	29 commits resisting law enforcement, a Class A misdemeanor, except as
2886	2886	30 provided in subsection (c).
2887	2887	31 (b) A person who, having been denied entry by a firefighter, an
2888	2888	32 emergency medical services provider, or a law enforcement officer,
2889	2889	33 knowingly or intentionally enters an area that is marked off with barrier
2890	2890	34 tape or other physical barriers, commits interfering with public safety,
2891	2891	35 a Class B misdemeanor, except as provided in subsection (c) or (k).
2892	2892	36 (c) The offense under subsection (a) or (b) is a:
2893	2893	37 (1) Level 6 felony if:
2894	2894	38 (A) the person uses a vehicle to commit the offense; or
2895	2895	39 (B) while committing the offense, the person:
2896	2896	40 (i) draws or uses a deadly weapon;
2897	2897	41 (ii) inflicts bodily injury on or otherwise causes bodily injury
2898	2898	42 to another person; or
2899	2899	2023 IN 1644—LS 7106/DI 139 68
2900	2900	1 (iii) operates a vehicle in a manner that creates a substantial
2901	2901	2 risk of bodily injury to another person;
2902	2902	3 (2) Level 5 felony if:
2903	2903	4 (A) while committing the offense, the person operates a
2904	2904	5 vehicle in a manner that causes serious bodily injury to another
2905	2905	6 person; or
2906	2906	7 (B) the person uses a vehicle to commit the offense and the
2907	2907	8 person has a prior unrelated conviction under this section
2908	2908	9 involving the use of a vehicle in the commission of the
2909	2909	10 offense;
2910	2910	11 (3) Level 3 felony if, while committing the offense, the person
2911	2911	12 operates a vehicle in a manner that causes the death or
2912	2912	13 catastrophic injury of another person; and
2913	2913	14 (4) Level 2 felony if, while committing any offense described in
2914	2914	15 subsection (a), the person operates a vehicle in a manner that
2915	2915	16 causes the death or catastrophic injury of a firefighter, an
2916	2916	17 emergency medical services provider, or a law enforcement
2917	2917	18 officer while the firefighter, emergency medical services provider,
2918	2918	19 or law enforcement officer is engaged in the firefighter's,
2919	2919	20 emergency medical services provider's, or officer's official duties.
2920	2920	21 (d) The offense under subsection (a) is a Level 6 felony if, while
2921	2921	22 committing an offense under:
2922	2922	23 (1) subsection (a)(1) or (a)(2), the person:
2923	2923	24 (A) creates a substantial risk of bodily injury to the person or
2924	2924	25 another person; and
2925	2925	26 (B) has two (2) or more prior unrelated convictions under
2926	2926	27 subsection (a); or
2927	2927	28 (2) subsection (a)(3), the person has two (2) or more prior
2928	2928	29 unrelated convictions under subsection (a).
2929	2929	30 (e) If a person uses a vehicle to commit a felony offense under
2930	2930	31 subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
2931	2931	32 penalty imposed for the offense, the court shall impose a minimum
2932	2932	33 executed sentence of at least:
2933	2933	34 (1) thirty (30) days, if the person does not have a prior unrelated
2934	2934	35 conviction under this section;
2935	2935	36 (2) one hundred eighty (180) days, if the person has one (1) prior
2936	2936	37 unrelated conviction under this section; or
2937	2937	38 (3) one (1) year, if the person has two (2) or more prior unrelated
2938	2938	39 convictions under this section.
2939	2939	40 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
2940	2940	41 minimum sentence imposed under subsection (e) may not be
2941	2941	42 suspended.
2942	2942	2023 IN 1644—LS 7106/DI 139 69
2943	2943	1 (g) If a person is convicted of an offense involving the use of a
2944	2944	2 motor vehicle under:
2945	2945	3 (1) subsection (c)(1)(A), if the person exceeded the speed limit by
2946	2946	4 at least twenty (20) miles per hour while committing the offense;
2947	2947	5 (2) subsection (c)(2); or
2948	2948	6 (3) subsection (c)(3);
2949	2949	7 the court may notify the bureau of motor vehicles to suspend or revoke
2950	2950	8 the person's driver's license or driving privilege card and all
2951	2951	9 certificates of registration and license plates issued or registered in the
2952	2952	10 person's name in accordance with IC 9-30-4-6.1(b) for the period
2953	2953	11 described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The court shall
2954	2954	12 inform the bureau whether the person has been sentenced to a term of
2955	2955	13 incarceration. At the time of conviction, the court may obtain the
2956	2956	14 person's current driver's license or driving privilege card and return
2957	2957	15 the license to the bureau of motor vehicles.
2958	2958	16 (h) A person may not be charged or convicted of a crime under
2959	2959	17 subsection (a)(3) if the law enforcement officer is a school resource
2960	2960	18 officer acting in the officer's capacity as a school resource officer.
2961	2961	19 (i) A person who commits an offense described in subsection (c)
2962	2962	20 commits a separate offense for each person whose bodily injury,
2963	2963	21 serious bodily injury, catastrophic injury, or death is caused by a
2964	2964	22 violation of subsection (c).
2965	2965	23 (j) A court may order terms of imprisonment imposed on a person
2966	2966	24 convicted of more than one (1) offense described in subsection (c) to
2967	2967	25 run consecutively. Consecutive terms of imprisonment imposed under
2968	2968	26 this subsection are not subject to the sentencing restrictions set forth in
2969	2969	27 IC 35-50-1-2(c) through IC 35-50-1-2(d).
2970	2970	28 (k) As used in this subsection, "family member" means a child,
2971	2971	29 grandchild, parent, grandparent, or spouse of the person. It is a defense
2972	2972	30 to a prosecution under subsection (b) that the person reasonably
2973	2973	31 believed that the person's family member:
2974	2974	32 (1) was in the marked off area; and
2975	2975	33 (2) had suffered bodily injury or was at risk of suffering bodily
2976	2976	34 injury;
2977	2977	35 if the person is not charged as a defendant in connection with the
2978	2978	36 offense, if applicable, that caused the area to be secured by barrier tape
2979	2979	37 or other physical barriers.
2980	2980	38 SECTION 75. IC 35-52-9-36, AS ADDED BY P.L.169-2014,
2981	2981	39 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2982	2982	40 JULY 1, 2023]: Sec. 36. IC 9-24-18-1 defines a crime crimes
2983	2983	41 concerning driver's licenses and driving privilege cards.
2984	2984	42 SECTION 76. IC 35-52-9-37.5, AS ADDED BY P.L.188-2015,
2985	2985	2023 IN 1644—LS 7106/DI 139 70
2986	2986	1 SECTION 153, IS AMENDED TO READ AS FOLLOWS
2987	2987	2 [EFFECTIVE JULY 1, 2023]: Sec. 37.5. IC 9-24-18-7.5 defines a
2988	2988	3 crime crimes concerning driver's licenses and driving privilege cards.
2989	2989	4 SECTION 77. [EFFECTIVE UPON PASSAGE] (a) The bureau of
2990	2990	5 motor vehicles shall adopt rules under IC 4-22-2, including
2991	2991	6 emergency rules in the manner provided under IC 4-22-2-37.1,
2992	2992	7 necessary to implement the issuance and administration of driving
2993	2993	8 privilege cards under IC 9-24-3.5, as added by this act.
2994	2994	9 (b) This SECTION expires July 1, 2025.
2995	2995	10 SECTION 78. An emergency is declared for this act.
2996	2996	2023 IN 1644—LS 7106/DI 139