Indiana 2023 Regular Session

Indiana Senate Bill SB0248 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0248.1~~
2		-	~~February 8, 2023~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 248
4	4		_____
5		-	DIGEST OF ~~SB 248 (Updated February 7, 2023 11:46 am - DI 140)~~
6		-	Citations Affected: IC 3-7; IC 7.1-1; IC 9-13; IC 9-14; ~~IC 9-18.5;~~
7		-	IC 9-21; IC 9-24; IC 9-25; IC 9-26; IC 9-27; ~~IC 9-30; IC 9-33;~~
8		-	IC 20-33; IC 31-37; IC 34-24~~; IC 34-30; IC 35-43; IC 35-44.~~1;
9		-	IC 35-52~~; noncode~~.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 3-7-14-4; IC 7.1-1-3-7; IC 9-13-2; IC 9-14;
	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	+	IC 9-30; IC 9-33-4-2; IC 20-33; IC 31-37-19; IC 34-24-1-1;
	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		-	Doriot, Niezgodski, Rogers,
28		-	Messmer, Bassler, Alting, Donato,
29		-	Qaddoura
	27	+	Doriot
30	28		January 11, 2023, read first time and referred to Committee on Homeland Security and
31	29		Transportation.
32		-	February 7, 2023, reported favorably — Do Pass; reassigned to Committee on
33		-	Appropriations.
34		-	SB 248—LS 7105/DI 139 February 8, 2023
	30	+	2023 IN 248—LS 7105/DI 139 Introduced
35	31		First Regular Session of the 123rd General Assembly (2023)
36	32		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
37	33		Constitution) is being amended, the text of the existing provision will appear in this style type,
38	34		additions will appear in this style type, and deletions will appear in this style type.
39	35		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
40	36		provision adopted), the text of the new provision will appear in this style type. Also, the
41	37		word NEW will appear in that style type in the introductory clause of each SECTION that adds
42	38		a new provision to the Indiana Code or the Indiana Constitution.
43	39		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
44	40		between statutes enacted by the 2022 Regular Session of the General Assembly.
45	41		SENATE BILL No. 248
46	42		A BILL FOR AN ACT to amend the Indiana Code concerning
47	43		motor vehicles.
48	44		Be it enacted by the General Assembly of the State of Indiana:
49	45		1 SECTION 1. IC 3-7-14-4, AS AMENDED BY P.L.128-2015,
50	46		2 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
51	47		3 JULY 1, 2023]: Sec. 4. (a) This section does not apply to an
52	48		4 application to obtain or renew a driving privilege card (as defined
53	49		5 in IC 9-13-2-48.1) issued under IC 9-24-3.5.
54	50		6 (b) An application to obtain or renew a motor vehicle driver's
55	51		7 license, permit, or identification card serves as an application for voter
56	52		8 registration:
57	53		9 (1) under this article; and
58	54		10 (2) as provided in 52 U.S.C. 20504(a)(1);
59	55		11 unless the applicant fails to sign the voter registration application.
60	56		12 SECTION 2. IC 7.1-1-3-7 IS AMENDED TO READ AS
61	57		13 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) Bona Fide
62	58		14 Evidence of Majority or Identity. The term "bona fide evidence of
63	59		15 majority or identity" means a document, including: but not limited to,
64	60		16 (1) except for a driving privilege card issued under
65	61		17 IC 9-24-3.5, a license or permit to operate a motor vehicle;
66		-	SB 248—LS 7105/DI 139 2
	62	+	2023 IN 248—LS 7105/DI 139 2
67	63		1 (2) a Selective Service registration certificate; or
68	64		2 (3) an United States Armed Forces identification card. but
69	65		3 excluding
70	66		4 (b) The term excludes a voter's voter registration card, issued by
71	67		5 the federal or state governments or one (1) of their political
72	68		6 subdivisions.
73	69		7 SECTION 3. IC 9-13-2-39.7, AS AMENDED BY P.L.111-2021,
74	70		8 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
75	71		9 JULY 1, 2023]: Sec. 39.7. "Credential" means the following:
76	72		10 (1) The following forms of documentation in physical form issued
77	73		11 by the bureau under IC 9-24:
78	74		12 (A) A driver's license.
79	75		13 (B) A learner's permit.
80	76		14 (C) An identification card.
81	77		15 (D) A photo exempt identification card.
82	78		16 (E) A driving privilege card.
83	79		17 (2) The following forms of documentation in the form of a mobile
84	80		18 credential issued by the bureau under IC 9-24:
85	81		19 (A) Except for a commercial driver's license issued under
86	82		20 IC 9-24-6.1 or a driving privilege card issued under
87	83		21 IC 9-24-3.5, a driver's license.
88	84		22 (B) Except for a commercial learner's permit issued under
89	85		23 IC 9-24-6.1, a learner's permit.
90	86		24 (C) An identification card.
91	87		25 (3) For the purposes of IC 9-24-17.7, any form of documentation
92	88		26 in physical form or digital form accessible on a mobile device
93	89		27 issued by the bureau under IC 9-24.
94	90		28 SECTION 4. IC 9-13-2-41 IS AMENDED TO READ AS
95	91		29 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 41. "Current driving
96	92		30 license" means every class and kind of license or permit, other than a
97	93		31 driving privilege card, that evidences the privilege to operate a motor
98	94		32 vehicle upon the highways of Indiana. The term includes a privilege
99	95		33 granted by the license.
100	96		34 SECTION 5. IC 9-13-2-48, AS AMENDED BY P.L.120-2020,
101	97		35 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
102	98		36 JULY 1, 2023]: Sec. 48. (a) "Driver's license" means the following:
103	99		37 (1) Any type of license issued by the state in physical form
104	100		38 authorizing an individual to operate the type of vehicle for which
105	101		39 the license was issued, in the manner for which the license was
106	102		40 issued, on a highway. The term includes any endorsements added
107	103		41 to the license under IC 9-24-8.5.
108	104		42 (2) Except for a commercial driver's license issued under
109		-	SB 248—LS 7105/DI 139 3
	105	+	2023 IN 248—LS 7105/DI 139 3
110	106		1 IC 9-24-6.1, any type of license issued by the state in the form of
111	107		2 a mobile credential authorizing an individual to operate the type
112	108		3 of vehicle for which the license was issued, in the manner for
113	109		4 which the license was issued, on a highway. The term includes
114	110		5 any endorsements added to the license under IC 9-24-8.5.
115	111		6 (b) Notwithstanding the July 1, 2021, effective date in HEA
116	112		7 1506-2019, SECTION 33 (P.L.178-2019), this section takes effect July
117	113		8 1, 2020 (rather than July 1, 2021).
118	114		9 (b) The term does not include a driving privilege card.
119	115		10 SECTION 6. IC 9-13-2-48.1 IS ADDED TO THE INDIANA CODE
120	116		11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
121	117		12 1, 2023]: Sec. 48.1. (a) "Driving privilege card" means a type of
122	118		13 credential issued by the state in physical form authorizing an
123	119		14 individual who is not a citizen of the United States to operate a
124	120		15 passenger motor vehicle or a truck with a declared gross weight
125	121		16 equal to or less than eleven thousand (11,000) pounds.
126	122		17 (b) The term includes a driving privilege card learner's permit.
127	123		18 SECTION 7. IC 9-13-2-93.4 IS ADDED TO THE INDIANA CODE
128	124		19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
129	125		20 1, 2023]: Sec. 93.4. "Licensed driver" means an individual holding
130	126		21 either of the following:
131	127		22 (1) A valid driver's license issued under IC 9-24-3.
132	128		23 (2) A valid driving privilege card issued under IC 9-24-3.5.
133	129		24 SECTION 8. IC 9-13-2-103.4, AS AMENDED BY P.L.120-2020,
134	130		25 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
135	131		26 JULY 1, 2023]: Sec. 103.4. (a) "Mobile credential" means a digital
136	132		27 representation issued by the bureau under IC 9-24-17.5 of the
137	133		28 information contained on the following:
138	134		29 (1) A driver's license.
139	135		30 (2) A learner's permit.
140	136		31 (3) An identification card.
141	137		32 The term does not include a driving privilege card issued under
142	138		33 IC 9-24-3.5, a commercial driver's license or commercial learner's
143	139		34 permit issued under IC 9-24-6.1, or a photo exempt identification card
144	140		35 issued under IC 9-24-16.5.
145	141		36 (b) Notwithstanding the July 1, 2021, effective date in HEA
146	142		37 1506-2019, SECTION 36 (P.L.178-2019), this section takes effect July
147	143		38 1, 2020 (rather than July 1, 2021).
148	144		39 SECTION 9. IC 9-14-6-5, AS ADDED BY P.L.198-2016,
149	145		40 SECTION 186, IS AMENDED TO READ AS FOLLOWS
150	146		41 [EFFECTIVE JULY 1, 2023]: Sec. 5. "Highly restricted personal
151	147		42 information" means the following information that identifies an
152		-	SB 248—LS 7105/DI 139 4
	148	+	2023 IN 248—LS 7105/DI 139 4
153	149		1 individual:
154	150		2 (1) Digital photograph or image.
155	151		3 (2) Social Security number.
156	152		4 (3) Individual taxpayer identification number.
157	153		5 (3) (4) Medical or disability information.
158	154		6 SECTION 10. IC 9-14-6-6, AS ADDED BY P.L.198-2016,
159	155		7 SECTION 186, IS AMENDED TO READ AS FOLLOWS
160	156		8 [EFFECTIVE JULY 1, 2023]: Sec. 6. "Personal information" means
161	157		9 information that identifies an individual, including an individual's:
162	158		10 (1) digital photograph or image;
163	159		11 (2) Social Security number;
164	160		12 (3) driver's license, driving privilege card, or identification
165	161		13 document number;
166	162		14 (4) name;
167	163		15 (5) address (but not the ZIP code);
168	164		16 (6) telephone number; or
169	165		17 (7) medical or disability information.
170	166		18 The term does not include information about vehicular accidents,
171	167		19 driving or equipment related violations, and or an individual's driver's
172	168		20 license, driving privilege card, or registration status.
173	169		21 SECTION 11. IC 9-14-8-3, AS ADDED BY P.L.198-2016,
174	170		22 SECTION 188, IS AMENDED TO READ AS FOLLOWS
175	171		23 [EFFECTIVE JULY 1, 2023]: Sec. 3. The bureau may do the
176	172		24 following:
177	173		25 (1) Adopt and enforce rules under IC 4-22-2 that are necessary to
178	174		26 carry out this title.
179	175		27 (2) Subject to the approval of the commission, request the
180	176		28 necessary office space, storage space, and parking facilities for
181	177		29 each license branch operated by the commission from the Indiana
182	178		30 department of administration as provided in IC 4-20.5-5-5.
183	179		31 (3) Upon any reasonable ground appearing on the records of the
184	180		32 bureau and subject to rules and guidelines of the bureau, suspend
185	181		33 or revoke the following:
186	182		34 (A) The current driving privileges or driver's license of any
187	183		35 individual.
188	184		36 (B) The current driving privileges or driving privilege card
189	185		37 of any individual.
190	186		38 (B) (C) The certificate of registration and proof of registration
191	187		39 for any vehicle.
192	188		40 (C) (D) The certificate of registration and proof of registration
193	189		41 for any watercraft, off-road vehicle, or snowmobile.
194	190		42 (4) With the approval of the commission, adopt rules under
195		-	SB 248—LS 7105/DI 139 5
	191	+	2023 IN 248—LS 7105/DI 139 5
196	192		1 IC 4-22-2 to do the following:
197	193		2 (A) Increase or decrease any fee or charge imposed under this
198	194		3 title.
199	195		4 (B) Impose a fee on any other service for which a fee is not
200	196		5 imposed under this article.
201	197		6 (C) Increase or decrease a fee imposed under clause (B).
202	198		7 (D) Designate the fund or account in which a:
203	199		8 (i) fee increase under clause (A) or (C); or
204	200		9 (ii) new fee under clause (B);
205	201		10 shall be deposited.
206	202		11 SECTION 12. IC 9-14-11-5, AS ADDED BY P.L.198-2016,
207	203		12 SECTION 191, IS AMENDED TO READ AS FOLLOWS
208	204		13 [EFFECTIVE JULY 1, 2023]: Sec. 5. The board shall provide the
209	205		14 commissioner and the office of traffic safety created by IC 9-27-2-2
210	206		15 with assistance in the administration of Indiana driver licensing laws,
211	207		16 including:
212	208		17 (1) providing guidance to the commissioner in the area of
213	209		18 licensing drivers with health or other problems that may adversely
214	210		19 affect a driver's ability to operate a vehicle safely;
215	211		20 (2) recommending factors to be used in determining qualifications
216	212		21 and ability for issuance and retention of a driver's license or
217	213		22 driving privilege card; and
218	214		23 (3) recommending and participating in the review of license and
219	215		24 driving privilege card suspension, restriction, or revocation
220	216		25 appeal procedures, including reasonable investigation into the
221	217		26 facts of the matter.
222	218		27 SECTION 13. IC 9-14-13-2, AS ADDED BY P.L.198-2016,
223	219		28 SECTION 193, IS AMENDED TO READ AS FOLLOWS
224	220		29 [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) The bureau shall not disclose:
225	221		30 (1) the Social Security number;
226	222		31 (2) the federal identification number;
227	223		32 (3) the driver's license or driving privilege card number;
228	224		33 (4) the digital image of the driver's license, driving privilege
229	225		34 card, identification card, or photo exempt identification card
230	226		35 applicant;
231	227		36 (5) a reproduction of the signature secured under IC 9-24-9-1,
232	228		37 IC 9-24-16-2, or IC 9-24-16.5-2; or
233	229		38 (6) medical or disability information;
234	230		39 (7) the individual taxpayer identification number;
235	231		40 (8) the type of credential held by an individual; or
236	232		41 (9) the renewal date of a driver's license or driving privilege
237	233		42 card;
238		-	SB 248—LS 7105/DI 139 6
	234	+	2023 IN 248—LS 7105/DI 139 6
239	235		1 of any individual except as provided in subsection subsections (b) and
240	236		2 (c).
241	237		3 (b) The bureau may disclose any information listed in subsection
242	238		4 (a)(2), (a)(3), (a)(4), (a)(5), or (a)(6):
243	239		5 (1) to a law enforcement officer;
244	240		6 (2) to an agent or a designee of the department of state revenue;
245	241		7 (3) for uses permitted under IC 9-14-13-7(1), IC 9-14-13-7(4),
246	242		8 IC 9-14-13-7(6), and IC 9-14-13-7(9); section 7(1), 7(4), 7(6),
247	243		9 and 7(9) of this chapter; or
248	244		10 (4) for voter registration and election purposes required under
249	245		11 IC 3-7 or IC 9-24-2.5.
250	246		12 (c) If the commissioner is presented with a lawful court order or
251	247		13 judicial warrant, the bureau may disclose any information listed in
252	248		14 subsection (a)(1), (a)(7), (a)(8), or (a)(9):
253	249		15 (1) to a law enforcement officer;
254	250		16 (2) to an agent or a designee of the department of state
255	251		17 revenue;
256	252		18 (3) for uses permitted under section 7(1), 7(4), 7(6), and 7(9)
257	253		19 of this chapter; or
258	254		20 (4) for voter registration and election purposes required
259	255		21 under IC 3-7 or IC 9-24-2.5.
260	256		22 SECTION 14. IC 9-14-13-7, AS ADDED BY P.L.198-2016,
261	257		23 SECTION 193, IS AMENDED TO READ AS FOLLOWS
262	258		24 [EFFECTIVE JULY 1, 2023]: Sec. 7. Except as provided in section
263	259		25 2(c) of this chapter, the bureau may disclose certain personal
264	260		26 information that is not highly restricted personal information, if the
265	261		27 person requesting the information provides proof of identity and
266	262		28 represents that the use of the personal information will be strictly
267	263		29 limited to at least one (1) of the following:
268	264		30 (1) For use by a government agency, including a court or law
269	265		31 enforcement agency, in carrying out its functions, or a person
270	266		32 acting on behalf of a government agency in carrying out its
271	267		33 functions.
272	268		34 (2) For use in connection with matters concerning:
273	269		35 (A) motor vehicle or driver safety and theft;
274	270		36 (B) motor vehicle emissions;
275	271		37 (C) motor vehicle product alterations, recalls, or advisories;
276	272		38 (D) performance monitoring of motor vehicles, motor vehicle
277	273		39 parts, and dealers;
278	274		40 (E) motor vehicle market research activities, including survey
279	275		41 research;
280	276		42 (F) the removal of nonowner records from the original owner
281		-	SB 248—LS 7105/DI 139 7
	277	+	2023 IN 248—LS 7105/DI 139 7
282	278		1 records of motor vehicle manufacturers; and
283	279		2 (G) motor fuel theft under IC 24-4.6-5.
284	280		3 (3) For use in the normal course of business by a business or its
285	281		4 agents, employees, or contractors, but only:
286	282		5 (A) to verify the accuracy of personal information submitted
287	283		6 by an individual to the business or its agents, employees, or
288	284		7 contractors; and
289	285		8 (B) if information submitted to a business is not correct or is
290	286		9 no longer correct, to obtain the correct information only for
291	287		10 purposes of preventing fraud by pursuing legal remedies
292	288		11 against, or recovering on a debt or security interest against, the
293	289		12 individual.
294	290		13 (4) For use in connection with a civil, a criminal, an
295	291		14 administrative, or an arbitration proceeding in a court or
296	292		15 government agency or before a self-regulatory body, including the
297	293		16 service of process, investigation in anticipation of litigation, and
298	294		17 the execution or enforcement of judgments and orders, or under
299	295		18 an order of a court.
300	296		19 (5) For use in research activities, and for use in producing
301	297		20 statistical reports, as long as the personal information is not
302	298		21 published, redisclosed, or used to contact the individuals who are
303	299		22 the subject of the personal information.
304	300		23 (6) For use by an insurer, an insurance support organization, or a
305	301		24 self-insured entity, or the agents, employees, or contractors of an
306	302		25 insurer, an insurance support organization, or a self-insured entity
307	303		26 in connection with claims investigation activities, anti-fraud
308	304		27 activities, rating, or underwriting.
309	305		28 (7) For use in providing notice to the owners of towed or
310	306		29 impounded vehicles.
311	307		30 (8) For use by a licensed private investigative agency or licensed
312	308		31 security service for a purpose allowed under this section.
313	309		32 (9) For use by an employer or its agent or insurer to obtain or
314	310		33 verify information relating to a holder of a commercial driver's
315	311		34 license that is required under the Commercial Motor Vehicle
316	312		35 Safety Act of 1986 (49 U.S.C. 31131 et seq.).
317	313		36 (10) For use in connection with the operation of private toll
318	314		37 transportation facilities.
319	315		38 (11) For any use in response to requests for individual motor
320	316		39 vehicle records when the bureau has obtained the written consent
321	317		40 of the person to whom the personal information pertains.
322	318		41 (12) For bulk distribution for surveys, marketing, or solicitations
323	319		42 when the bureau has obtained the written consent of the person to
324		-	SB 248—LS 7105/DI 139 8
	320	+	2023 IN 248—LS 7105/DI 139 8
325	321		1 whom the personal information pertains.
326	322		2 (13) For use by any person, when the person demonstrates, in a
327	323		3 form and manner prescribed by the bureau, that written consent
328	324		4 has been obtained from the individual who is the subject of the
329	325		5 information.
330	326		6 (14) For any other use specifically authorized by law that is
331	327		7 related to the operation of a motor vehicle or public safety.
332	328		8 However, this section does not affect the use of anatomical gift
333	329		9 information on a person's driver's license, driving privilege card, or
334	330		10 identification document issued by the bureau, nor does this section
335	331		11 affect the administration of anatomical gift initiatives in Indiana.
336	332		12 SECTION 15. IC 9-18.5-29-3, AS AMENDED BY P.L.118-2022,
337	333		13 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
338	334		14 JULY 1, 2023]: Sec. 3. (a) An individual who registers a vehicle under
339	335		15 this title may apply for and receive a Hoosier veteran license plate for
340	336		16 one (1) or more vehicles upon doing the following:
341	337		17 (1) Completing an application for a Hoosier veteran license plate.
342	338		18 (2) Presenting one (1) of the following to the bureau:
343	339		19 (A) A United States Uniformed Services Retiree Identification
344	340		20 Card.
345	341		21 (B) A DD 214 or DD 215 record.
346	342		22 (C) United States military discharge papers.
347	343		23 (D) A current armed forces identification card.
348	344		24 (E) Except for a driving privilege card issued under
349	345		25 IC 9-24-3.5, a credential issued to the individual that contains
350	346		26 an indication of veteran status under IC 9-24-11-5.5.
351	347		27 (3) Paying a fee in an amount of fifteen dollars ($15).
352	348		28 (b) The bureau shall distribute at least one (1) time each month the
353	349		29 fee described in subsection (a)(3) to the director of veterans' affairs for
354	350		30 deposit in the military family relief fund established under
355	351		31 IC 10-17-12-8.
356	352		32 SECTION 16. IC 9-21-8-52, AS AMENDED BY P.L.144-2019,
357	353		33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
358	354		34 JULY 1, 2023]: Sec. 52. (a) A person who operates a vehicle and who
359	355		35 recklessly:
360	356		36 (1) drives at such an unreasonably high rate of speed or at such an
361	357		37 unreasonably low rate of speed under the circumstances as to:
362	358		38 (A) endanger the safety or the property of others; or
363	359		39 (B) block the proper flow of traffic;
364	360		40 (2) passes another vehicle from the rear while on a slope or on a
365	361		41 curve where vision is obstructed for a distance of less than five
366	362		42 hundred (500) feet ahead;
367		-	SB 248—LS 7105/DI 139 9
	363	+	2023 IN 248—LS 7105/DI 139 9
368	364		1 (3) drives in and out of a line of traffic, except as otherwise
369	365		2 permitted; or
370	366		3 (4) speeds up or refuses to give one-half (1/2) of the roadway to
371	367		4 a driver overtaking and desiring to pass;
372	368		5 commits a Class C misdemeanor. However, the offense is a Class A
373	369		6 misdemeanor if it causes bodily injury to a person.
374	370		7 (b) A person who operates a vehicle and who recklessly passes a
375	371		8 school bus stopped on a roadway or a private road when the arm signal
376	372		9 device specified in IC 9-21-12-13 is in the device's extended position
377	373		10 commits a Class A misdemeanor. However, the offense is a Level 6
378	374		11 felony if it causes bodily injury to a person, and a Level 5 felony if it
379	375		12 causes the death of a person.
380	376		13 (c) If an offense under subsection (a) results in damage to the
381	377		14 property of another person, it is a Class B misdemeanor and the court
382	378		15 may recommend the suspension of the current driving license or
383	379		16 driving privilege card of the person convicted of the offense described
384	380		17 in subsection (a) for a fixed period of not more than one (1) year.
385	381		18 (d) If an offense under subsection (a) causes bodily injury to a
386	382		19 person, the court may recommend the suspension of the driving
387	383		20 privileges of the person convicted of the offense described in this
388	384		21 subsection for a fixed period of not more than one (1) year.
389	385		22 (e) In addition to any other penalty imposed under subsection (b),
390	386		23 the court may suspend the person's driving privileges:
391	387		24 (1) for ninety (90) days; or
392	388		25 (2) if the person has committed at least one (1) previous offense
393	389		26 under this section or IC 9-21-12-1, for one (1) year.
394	390		27 SECTION 17. IC 9-21-11-12, AS AMENDED BY P.L.111-2021,
395	391		28 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
396	392		29 JULY 1, 2023]: Sec. 12. A motor driven cycle may not be operated
397	393		30 under any of the following conditions:
398	394		31 (1) By an individual less than fifteen (15) years of age.
399	395		32 (2) By an individual who does not have:
400	396		33 (A) an unexpired identification card with a motor driven cycle
401	397		34 endorsement issued to the individual by the bureau under
402	398		35 IC 9-24-16;
403	399		36 (B) a valid driver's license or driving privilege card; or
404	400		37 (C) a valid learner's permit.
405	401		38 (3) On an interstate highway or a sidewalk.
406	402		39 (4) At a speed greater than thirty-five (35) miles per hour.
407	403		40 (5) The vehicle has not been registered as a motor driven cycle.
408	404		41 SECTION 18. IC 9-24-1-1, AS AMENDED BY P.L.111-2021,
409	405		42 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
410		-	SB 248—LS 7105/DI 139 10
	406	+	2023 IN 248—LS 7105/DI 139 10
411	407		1 JULY 1, 2023]: Sec. 1. (a) Except as provided in section 7 of this
412	408		2 chapter, an individual must have a valid:
413	409		3 (1) driver's license; or
414	410		4 (2) permit;
415	411		5 including any necessary endorsements, issued to the individual by the
416	412		6 bureau to operate upon a highway the type of motor vehicle for which
417	413		7 the driver's license, endorsement, or permit was issued.
418	414		8 (b) An individual must have:
419	415		9 (1) an unexpired identification card with a motor driven cycle
420	416		10 endorsement issued to the individual by the bureau under
421	417		11 IC 9-24-16;
422	418		12 (2) a valid driver's license or driving privilege card; or
423	419		13 (3) a valid learner's permit;
424	420		14 to operate a motor driven cycle upon a highway.
425	421		15 (c) An individual who violates this section commits a Class C
426	422		16 infraction.
427	423		17 SECTION 19. IC 9-24-2-1, AS AMENDED BY P.L.111-2021,
428	424		18 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
429	425		19 JULY 1, 2023]: Sec. 1. (a) The bureau shall suspend the driving
430	426		20 privileges or invalidate the learner's permit or driving privilege card
431	427		21 of an individual who is at least fifteen (15) years of age and less than
432	428		22 eighteen (18) years of age and meets any of the following conditions:
433	429		23 (1) Is a habitual truant under IC 20-33-2-11.
434	430		24 (2) Is under at least a second suspension from school for the
435	431		25 school year under IC 20-33-8-14 or IC 20-33-8-15.
436	432		26 (3) Is under an expulsion from school under IC 20-33-8-14,
437	433		27 IC 20-33-8-15, or IC 20-33-8-16.
438	434		28 (4) Is considered a dropout under IC 20-33-2-28.5.
439	435		29 (b) At least five (5) days before holding an exit interview under
440	436		30 IC 20-33-2-28.5, the school corporation shall give notice by certified
441	437		31 mail or personal delivery to the student, the student's parent, or the
442	438		32 student's guardian that the student's failure to attend an exit interview
443	439		33 under IC 20-33-2-28.5 or return to school if the student does not meet
444	440		34 the requirements to withdraw from school under IC 20-33-2-28.5 may
445	441		35 result in the revocation or denial of the student's:
446	442		36 (1) driver's license, or learner's permit, or driving privilege card;
447	443		37 and
448	444		38 (2) employment certificate issued under IC 22-2-18 (before its
449	445		39 expiration on June 30, 2021).
450	446		40 SECTION 20. IC 9-24-2-2, AS AMENDED BY P.L.125-2012,
451	447		41 SECTION 167, IS AMENDED TO READ AS FOLLOWS
452	448		42 [EFFECTIVE JULY 1, 2023]: Sec. 2. The bureau shall suspend the
453		-	SB 248—LS 7105/DI 139 11
	449	+	2023 IN 248—LS 7105/DI 139 11
454	450		1 driving privileges or invalidate the learner's permit or driving
455	451		2 privilege card of an individual less than eighteen (18) years of age
456	452		3 who is under an order entered by a juvenile court under IC 31-37-19-13
457	453		4 through IC 31-37-19-17 (or IC 31-6-4-15.9(d), IC 31-6-4-15.9(e), or
458	454		5 IC 31-6-4-15.9(f) before their repeal).
459	455		6 SECTION 21. IC 9-24-2-2.5, AS AMENDED BY P.L.257-2017,
460	456		7 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
461	457		8 JULY 1, 2023]: Sec. 2.5. (a) The bureau shall suspend the driving
462	458		9 privileges or invalidate the learner's permit or driving privilege card
463	459		10 of an individual who is under an order entered by a court under
464	460		11 IC 35-43-1-2(d).
465	461		12 (b) The bureau shall suspend the driving privileges or invalidate the
466	462		13 learner's permit or driving privilege card of an individual who is the
467	463		14 subject of an order issued under IC 31-37-19-17 (or IC 31-6-4-15.9(f)
468	464		15 before its repeal) or IC 35-43-1-2(d).
469	465		16 SECTION 22. IC 9-24-2-3, AS AMENDED BY P.L.118-2022,
470	466		17 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
471	467		18 JULY 1, 2023]: Sec. 3. (a) The bureau may not issue a driver's license,
472	468		19 or learner's permit, or driving privilege card or grant driving
473	469		20 privileges to the following individuals:
474	470		21 (1) An individual whose driving privileges have been suspended,
475	471		22 during the period for which the driving privileges are suspended,
476	472		23 or to an individual whose driver's license or driving privilege
477	473		24 card has been revoked, until the time the bureau is authorized
478	474		25 under Indiana law to issue the individual a new driver's license or
479	475		26 driving privilege card.
480	476		27 (2) An individual whose learner's permit or driving privilege
481	477		28 card has been suspended or revoked until the time the bureau is
482	478		29 authorized under Indiana law to issue the individual a new
483	479		30 learner's permit or driving privilege card.
484	480		31 (3) An individual who, in the opinion of the bureau, is afflicted
485	481		32 with or suffering from a physical or mental disability or disease
486	482		33 that prevents the individual from exercising reasonable and
487	483		34 ordinary control over a motor vehicle while operating the motor
488	484		35 vehicle on a highway.
489	485		36 (4) An individual who is unable to understand highway warnings
490	486		37 or direction signs written in the English language.
491	487		38 (5) An individual who is required under this article to take an
492	488		39 examination unless:
493	489		40 (A) the individual successfully passes the examination; or
494	490		41 (B) the bureau waives the examination requirement.
495	491		42 (6) An individual who is required under IC 9-25 or any other
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	492	+	2023 IN 248—LS 7105/DI 139 12
497	493		1 statute to deposit or provide proof of financial responsibility and
498	494		2 who has not deposited or provided that proof.
499	495		3 (7) An individual when the bureau has good cause to believe that
500	496		4 the operation of a motor vehicle on a highway by the individual
501	497		5 would be inimical to public safety or welfare.
502	498		6 (8) An individual who is the subject of an order issued by:
503	499		7 (A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13,
504	500		8 IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or
505	501		9 (B) the Title IV-D agency;
506	502		10 ordering that a driver's license or permit not be issued to the
507	503		11 individual.
508	504		12 (9) This subdivision does not apply to a driving privilege card
509	505		13 and any driving privileges authorized by a driving privilege
510	506		14 card. An individual who has not presented valid documentary
511	507		15 evidence to the bureau of the individual's legal status in the
512	508		16 United States, as required by IC 9-24-9-2.5.
513	509		17 (10) An individual who does not otherwise satisfy the
514	510		18 requirements of this article.
515	511		19 (b) An individual subject to epileptic seizures may not be denied a
516	512		20 driver's license or permit under this section if the individual presents
517	513		21 a statement from a licensed physician or an advanced practice
518	514		22 registered nurse, on a form prescribed by the bureau, that the individual
519	515		23 is under medication and is free from seizures while under medication.
520	516		24 SECTION 23. IC 9-24-2-4, AS AMENDED BY P.L.111-2021,
521	517		25 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
522	518		26 JULY 1, 2023]: Sec. 4. (a) If an individual is at least fifteen (15) years
523	519		27 of age and less than eighteen (18) years of age and is a habitual truant,
524	520		28 is under a suspension or an expulsion, or has withdrawn from school as
525	521		29 described in section 1 of this chapter, the bureau shall, upon
526	522		30 notification by an authorized representative of the individual's school
527	523		31 corporation, suspend the individual's driving privileges until the
528	524		32 earliest of the following:
529	525		33 (1) The individual becomes eighteen (18) years of age.
530	526		34 (2) One hundred twenty (120) days after the individual is
531	527		35 suspended.
532	528		36 (3) The suspension, expulsion, or exclusion is reversed after the
533	529		37 individual has had a hearing under IC 20-33-8.
534	530		38 (b) The bureau shall promptly mail a notice to the individual's last
535	531		39 known address that states the following:
536	532		40 (1) That the individual's driving privileges will be suspended for
537	533		41 a specified period commencing five (5) days after the date of the
538	534		42 notice.
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	535	+	2023 IN 248—LS 7105/DI 139 13
540	536		1 (2) That the individual has the right to appeal the suspension of
541	537		2 the driving privileges.
542	538		3 (c) If an aggrieved individual believes that:
543	539		4 (1) the information provided was technically incorrect; or
544	540		5 (2) the bureau committed a technical or procedural error;
545	541		6 the aggrieved individual may appeal the invalidation of a driver's
546	542		7 license or driving privilege card under section 5 of this chapter.
547	543		8 (d) If an individual satisfies the conditions for reinstatement of a
548	544		9 driver's license the individual's driving privileges under this section,
549	545		10 the individual may submit to the bureau for review the necessary
550	546		11 information certifying that at least one (1) of the events described in
551	547		12 subsection (a) has occurred.
552	548		13 (e) Upon reviewing and certifying the information received under
553	549		14 subsection (d), the bureau shall reinstate the individual's driving
554	550		15 privileges.
555	551		16 (f) An individual may not operate a motor vehicle in violation of this
556	552		17 section.
557	553		18 (g) An individual whose driving privileges are suspended under this
558	554		19 section is eligible to apply for specialized driving privileges under
559	555		20 IC 9-30-16.
560	556		21 (h) The bureau shall reinstate the driving privileges of an individual
561	557		22 whose driving privileges were suspended under this section if the
562	558		23 individual does the following:
563	559		24 (1) Establishes to the satisfaction of the principal of the school
564	560		25 where the action occurred that caused the suspension of the
565	561		26 driving privileges that the individual has:
566	562		27 (A) enrolled in a full-time or part-time program of education;
567	563		28 and
568	564		29 (B) participated for thirty (30) or more days in the program of
569	565		30 education.
570	566		31 (2) Submits to the bureau a form developed by the bureau that
571	567		32 contains:
572	568		33 (A) the verified signature of the principal or the president of
573	569		34 the governing body of the school described in subdivision (1);
574	570		35 and
575	571		36 (B) notification to the bureau that the person has complied
576	572		37 with subdivision (1).
577	573		38 An individual may appeal the decision of a principal under subdivision
578	574		39 (1) to the governing body of the school corporation where the
579	575		40 principal's school is located.
580	576		41 SECTION 24. IC 9-24-3.5 IS ADDED TO THE INDIANA CODE
581	577		42 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
582		-	SB 248—LS 7105/DI 139 14
	578	+	2023 IN 248—LS 7105/DI 139 14
583	579		1 JULY 1, 2023]:
584	580		2 Chapter 3.5. Driving Privilege Card
585	581		3 Sec. 1. An individual who:
586	582		4 (1) is not a citizen of the United States;
587	583		5 (2) is unable to present the valid documentary evidence
588	584		6 required by IC 9-24-9-2.5; and
589	585		7 (3) provides to the bureau proof of paid income taxes in
590	586		8 Indiana for at least the calendar year preceding the
591	587		9 application with the bureau;
592	588		10 may apply to the bureau for a driving privilege card.
593	589		11 Sec. 2. The bureau shall issue a driving privilege card to an
594	590		12 individual who meets the following conditions:
595	591		13 (1) Has held a valid driving privilege card learner's permit
596	592		14 issued under section 3 of this chapter in accordance with the
597	593		15 requirements under section 5 of this chapter regarding
598	594		16 holding a valid driving privilege card learner's permit.
599	595		17 (2) Satisfies the age requirements set forth in section 5 of this
600	596		18 chapter.
601	597		19 (3) Makes proper application to the bureau under section 4 of
602	598		20 this chapter upon a form prescribed by the bureau. The form
603	599		21 must include an attestation concerning the number of hours
604	600		22 of supervised driving practice that the individual has
605	601		23 completed if the individual is required under section 5 of this
606	602		24 chapter to complete a certain number of hours of supervised
607	603		25 driving practice in order to receive a driving privilege card.
608	604		26 The:
609	605		27 (A) parent or guardian of an applicant less than eighteen
610	606		28 (18) years of age; or
611	607		29 (B) applicant, if the applicant is at least eighteen (18) years
612	608		30 of age;
613	609		31 shall attest in writing under penalty of perjury to the time
614	610		32 logged in practice driving.
615	611		33 (4) Submits fingerprints for a local and national criminal
616	612		34 background check.
617	613		35 (5) Satisfactorily passes the examination and tests required
618	614		36 for issuance of a driving privilege card under section 6 of this
619	615		37 chapter.
620	616		38 (6) Pays the fee prescribed by section 7 of this chapter.
621	617		39 Sec. 3. (a) A driving privilege card learner's permit may be used
622	618		40 only as the basis to acquire a driving privilege card under this
623	619		41 chapter.
624	620		42 (b) The fee for a driving privilege card learner's permit is nine
625		-	SB 248—LS 7105/DI 139 15
	621	+	2023 IN 248—LS 7105/DI 139 15
626	622		1 dollars ($9). The fee shall be distributed as follows:
627	623		2 (1) Twenty-five cents ($0.25) to the motor vehicle highway
628	624		3 account.
629	625		4 (2) Fifty cents ($0.50) to the state motor vehicle technology
630	626		5 fund.
631	627		6 (3) Two dollars ($2) to the crossroads 2000 fund.
632	628		7 (4) One dollar and twenty-five cents ($1.25) to the integrated
633	629		8 public safety communications fund.
634	630		9 (5) Five dollars ($5) to the commission fund.
635	631		10 (c) A fee described in subsection (b) may not be charged to an
636	632		11 individual who:
637	633		12 (1) is under the care and supervision of the department of
638	634		13 child services; or
639	635		14 (2) represents, pursuant to IC 31-36-3-4(b), a homeless youth
640	636		15 (as defined in IC 31-36-3-4) and presents a fee and consent
641	637		16 waiver affidavit described in IC 31-36-3-4(c);
642	638		17 and meets all other requirements for a driving privilege card
643	639		18 learner's permit under this section.
644	640		19 (d) Except as provided in this chapter, a driving privilege card
645	641		20 learner's permit authorizes the holder to operate a motor vehicle,
646	642		21 except a motor driven cycle, motorcycle, or a commercial motor
647	643		22 vehicle, upon a highway under the following conditions:
648	644		23 (1) While the holder is participating in supervised driving
649	645		24 practice in an approved driver education course and is
650	646		25 accompanied in the front seat of the motor vehicle by an
651	647		26 individual with valid driving privileges who:
652	648		27 (A) is licensed as a driver education instructor under
653	649		28 IC 9-27-6-8 and is working under the authority of a driver
654	650		29 training school described in IC 9-27-6-3(a)(2); or
655	651		30 (B) is a certified driver rehabilitation specialist recognized
656	652		31 by the bureau who is employed through a driver
657	653		32 rehabilitation program.
658	654		33 (2) While the holder is participating in supervised driving
659	655		34 practice after having commenced an approved driver
660	656		35 education course and is accompanied in the front seat of the
661	657		36 motor vehicle by an individual with valid driving privileges
662	658		37 who is at least:
663	659		38 (A) twenty-five (25) years of age and related to the
664	660		39 applicant by blood, marriage, or legal status; or
665	661		40 (B) if the licensed individual is the holder's spouse,
666	662		41 twenty-one (21) years of age.
667	663		42 (3) If the holder is not participating in an approved driver
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	664	+	2023 IN 248—LS 7105/DI 139 16
669	665		1 education course and is less than eighteen (18) years of age,
670	666		2 the holder may participate in supervised driving practice if
671	667		3 accompanied in the front seat of the motor vehicle by an
672	668		4 individual who is:
673	669		5 (A) a licensed driver, with valid driving privileges, who is:
674	670		6 (i) at least twenty-five (25) years of age; and
675	671		7 (ii) related to the applicant by blood, marriage, or legal
676	672		8 status;
677	673		9 (B) the spouse of the applicant who is:
678	674		10 (i) a licensed driver with valid driving privileges; and
679	675		11 (ii) at least twenty-one (21) years of age; or
680	676		12 (C) an individual with valid driving privileges who:
681	677		13 (i) is licensed as a driver education instructor under
682	678		14 IC 9-27-6-8 and is working under the authority of a
683	679		15 driver training school described in IC 9-27-6-3(a)(2); or
684	680		16 (ii) is a certified driver rehabilitation specialist
685	681		17 recognized by the bureau who is employed through a
686	682		18 driver rehabilitation program.
687	683		19 (4) If the holder is not participating in an approved driver
688	684		20 education course and is at least eighteen (18) years of age, the
689	685		21 holder may participate in supervised driving practice if
690	686		22 accompanied in the front seat of the motor vehicle by an
691	687		23 individual who is:
692	688		24 (A) a licensed driver, with valid driving privileges, who is
693	689		25 at least twenty-five (25) years of age; or
694	690		26 (B) the spouse of the applicant who is:
695	691		27 (i) a licensed driver with valid driving privileges; and
696	692		28 (ii) at least twenty-one (21) years of age.
697	693		29 (5) If the holder is less than eighteen (18) years of age and is
698	694		30 under the care and supervision of the department of child
699	695		31 services, the holder may participate in supervised driving
700	696		32 practice if accompanied in the front seat of the motor vehicle
701	697		33 by an individual who is:
702	698		34 (A) a licensed driver with valid driving privileges who is:
703	699		35 (i) at least twenty-five (25) years of age; and
704	700		36 (ii) related to the applicant by blood, marriage, or legal
705	701		37 status;
706	702		38 (B) a licensed driver with valid driving privileges who is:
707	703		39 (i) at least twenty-five (25) years of age; and
708	704		40 (ii) approved by the department of child services; or
709	705		41 (C) an individual with valid driving privileges who is:
710	706		42 (i) licensed as a driver education instructor under
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	707	+	2023 IN 248—LS 7105/DI 139 17
712	708		1 IC 9-27-6-8 and is working under the authority of a
713	709		2 driver training school described in IC 9-27-6-3(a)(2); or
714	710		3 (ii) a certified driver rehabilitation specialist recognized
715	711		4 by the bureau who is employed through a driver
716	712		5 rehabilitation program.
717	713		6 (e) A holder of a driving privilege card learner's permit may
718	714		7 take the skills examination for a driving privilege card not later
719	715		8 than the expiration date of the driving privilege card learner's
720	716		9 permit.
721	717		10 (f) A holder of a driving privilege card learner's permit who
722	718		11 does not pass the skills examination after a third attempt is not
723	719		12 eligible to take the examination until two (2) months after the date
724	720		13 of the last failed examination.
725	721		14 (g) The bureau shall publish the following:
726	722		15 (1) An online driving guide that may be used by the holder of
727	723		16 a driving privilege card learner's permit and the parent of the
728	724		17 holder of a driving privilege card learner's permit, if
729	725		18 applicable.
730	726		19 (2) An online log that must be completed to show evidence of
731	727		20 the completion of the hours of supervised driving practice
732	728		21 required under section 5(a)(1)(E) or 5(a)(2)(D) of this chapter,
733	729		22 as applicable.
734	730		23 (h) Except for an individual described in subsection (c), in
735	731		24 addition to applicable fees collected under this section for a driving
736	732		25 privilege card learner's permit, the bureau shall collect a
737	733		26 supplemental fee of fifty dollars ($50) for an individual to obtain a
738	734		27 driving privilege card learner's permit.
739	735		28 (i) A driving privilege card learner's permit expires one (1) year
740	736		29 after the date of issuance.
741	737		30 Sec. 4. (a) An applicant for a driving privilege card must apply
742	738		31 in person at a license branch.
743	739		32 (b) Except as provided in subsection (c), each application for a
744	740		33 driving privilege card or driving privilege card learner's permit
745	741		34 under this chapter must require the following information:
746	742		35 (1) The full legal name of the applicant.
747	743		36 (2) The applicant's date of birth.
748	744		37 (3) The gender of the applicant.
749	745		38 (4) The applicant's height, weight, hair color, and eye color.
750	746		39 (5) The address of the applicant.
751	747		40 (6) A valid individual taxpayer identification number for the
752	748		41 applicant.
753	749		42 (7) Whether the applicant has been subject to fainting spells
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	750	+	2023 IN 248—LS 7105/DI 139 18
755	751		1 or seizures.
756	752		2 (8) Whether the applicant has been issued a previous
757	753		3 credential that conferred driving privileges, and if so, when
758	754		4 and by what jurisdiction.
759	755		5 (9) Whether the applicant's driving privilege card has ever
760	756		6 been suspended or revoked, and if so, the date of and the
761	757		7 reason for the suspension or revocation.
762	758		8 (10) Whether the applicant has been convicted of:
763	759		9 (A) a crime punishable as a felony under Indiana motor
764	760		10 vehicle law; or
765	761		11 (B) any other felony in the commission of which a motor
766	762		12 vehicle was used;
767	763		13 that has not been expunged by a court.
768	764		14 (11) Whether the applicant has a physical or mental disability,
769	765		15 and if so, the nature of the disability.
770	766		16 (12) The signature of the applicant showing the applicant's
771	767		17 legal name as it appears or will appear on the driving
772	768		18 privilege card.
773	769		19 (13) A digital photograph of the applicant.
774	770		20 (14) Any other information the bureau requires.
775	771		21 (c) For purposes of subsection (b), an individual certified as a
776	772		22 participant in the address confidentiality program under IC 5-26.5
777	773		23 is not required to provide the individual's address, but may
778	774		24 provide an address designated by the office of the attorney general
779	775		25 under IC 5-26.5 as the individual's address.
780	776		26 (d) In addition to the information required by subsection (b), an
781	777		27 applicant who is required to complete at least fifty (50) hours of
782	778		28 supervised driving practice under section 5(a)(1)(E) or 5(a)(2)(D)
783	779		29 of this chapter must submit to the bureau evidence of the time
784	780		30 logged in supervised driving practice.
785	781		31 (e) An applicant for a driving privilege card under this chapter
786	782		32 must provide the bureau with:
787	783		33 (1) documentation of residence in Indiana under subsection
788	784		34 (g); and
789	785		35 (2) documentation of identity under subsection (f).
790	786		36 (f) An applicant for a driving privilege card under this chapter
791	787		37 must provide the bureau with the documentation in either
792	788		38 subdivision (1) or (2) as proof of identity:
793	789		39 (1) One (1) of the following documents:
794	790		40 (A) A valid, unexpired foreign passport.
795	791		41 (B) A certified copy of a government issued birth
796	792		42 certificate with a certified professional English translation
797		-	SB 248—LS 7105/DI 139 19
	793	+	2023 IN 248—LS 7105/DI 139 19
798	794		1 or English subtitles if the document is not already written
799	795		2 in English.
800	796		3 (2) Two (2) of the following documents:
801	797		4 (A) A foreign birth certificate, including a certified
802	798		5 professional translation if the document is not already
803	799		6 written in English.
804	800		7 (B) A matriarchal consular card issued by the state of
805	801		8 Indiana.
806	802		9 (C) Court records from a court having jurisdiction in the
807	803		10 United States.
808	804		11 (D) A foreign driver's license, including a certified
809	805		12 professional translation if the document is not already
810	806		13 written in English.
811	807		14 (E) A Mexican voter registration card.
812	808		15 (F) School records from a school in the United States.
813	809		16 (G) A driving privilege card issued by the state.
814	810		17 (g) An applicant for a driving privilege card under this chapter
815	811		18 must provide the bureau with the documentation in subdivisions
816	812		19 (1) and (2) as proof of residency in Indiana as follows:
817	813		20 (1) One (1) of the following documents:
818	814		21 (A) A signed Social Security card issued by the Social
819	815		22 Security Administration.
820	816		23 (B) A W-2 form.
821	817		24 (C) An SSA-1099 form.
822	818		25 (D) A 1099 form that is not an SSA 1099 form.
823	819		26 (E) A pay stub showing the applicant's name and full
824	820		27 Social Security number.
825	821		28 (F) The individual taxpayer identification number issued
826	822		29 by the Internal Revenue Service.
827	823		30 (G) A document or letter from the Internal Revenue
828	824		31 Service verifying the individual taxpayer identification
829	825		32 number.
830	826		33 (2) Two (2) of the following documents:
831	827		34 (A) A bank statement.
832	828		35 (B) Court documents.
833	829		36 (C) A current mortgage or rental contract.
834	830		37 (D) A major credit card bill.
835	831		38 (E) A property tax notice statement or receipt.
836	832		39 (F) A school transcript.
837	833		40 (G) A utility bill.
838	834		41 (H) A motor vehicle bill.
839	835		42 (h) A driving privilege card may not include an endorsement
840		-	SB 248—LS 7105/DI 139 20
	836	+	2023 IN 248—LS 7105/DI 139 20
841	837		1 issued by the bureau under IC 9-24-8-4 (before its expiration) or
842	838		2 IC 9-24-8.5.
843	839		3 Sec. 5. (a) An individual must satisfy the requirements set forth
844	840		4 in one (1) of the following to receive a driving privilege card:
845	841		5 (1) The individual meets the following conditions:
846	842		6 (A) Is at least sixteen (16) years and ninety (90) days of age.
847	843		7 (B) Has held a valid driving privilege card learner's permit
848	844		8 for at least one hundred eighty (180) days.
849	845		9 (C) Obtains an instructor's certification that the individual
850	846		10 has satisfactorily completed an approved driver education
851	847		11 course.
852	848		12 (D) Passes the required examinations.
853	849		13 (E) Completes at least fifty (50) hours of supervised driving
854	850		14 practice, of which at least ten (10) hours are nighttime
855	851		15 driving, as provided in subsection (b).
856	852		16 (2) The individual meets the following conditions:
857	853		17 (A) Is at least sixteen (16) years and two hundred seventy
858	854		18 (270) days of age.
859	855		19 (B) Has held a valid driving privilege card learner's permit
860	856		20 for at least one hundred eighty (180) days.
861	857		21 (C) Passes the required examinations.
862	858		22 (D) Completes at least fifty (50) hours of supervised
863	859		23 driving practice, of which at least ten (10) hours are
864	860		24 nighttime driving, as provided in subsection (b).
865	861		25 (3) The individual meets the following conditions:
866	862		26 (A) Is at least sixteen (16) years and one hundred eighty
867	863		27 (180) days of age but less than eighteen (18) years of age.
868	864		28 (B) Has previously been a nonresident of Indiana, but at
869	865		29 the time of application, qualifies as an Indiana resident.
870	866		30 (C) Has held for at least one hundred eighty (180) days a
871	867		31 valid driver's license, excluding a learner's permit or the
872	868		32 equivalent, in the state or a combination of states in which
873	869		33 the individual formerly resided.
874	870		34 (D) Passes the required examinations.
875	871		35 (4) The individual meets the following conditions:
876	872		36 (A) Is at least eighteen (18) years of age.
877	873		37 (B) Has previously been a nonresident of Indiana, but at
878	874		38 the time of application, qualifies as an Indiana resident.
879	875		39 (C) Held a valid driver's license, excluding a learner's
880	876		40 permit or the equivalent, from the state of prior residence.
881	877		41 (D) Passes the required examinations.
882	878		42 (5) The individual meets the following conditions:
883		-	SB 248—LS 7105/DI 139 21
	879	+	2023 IN 248—LS 7105/DI 139 21
884	880		1 (A) Is at least eighteen (18) years of age.
885	881		2 (B) Is a person with a disability.
886	882		3 (C) Has successfully completed driver rehabilitation
887	883		4 training by a certified driver rehabilitation specialist
888	884		5 recognized by the bureau.
889	885		6 (D) Passes the required examinations.
890	886		7 (b) An applicant who is required to complete at least fifty (50)
891	887		8 hours of supervised driving practice under subsection (a)(1)(E) or
892	888		9 (a)(2)(D) must do the following:
893	889		10 (1) If the applicant is less than eighteen (18) years of age,
894	890		11 complete the supervised driving practice with:
895	891		12 (A) a licensed driver, with valid driving privileges, who is:
896	892		13 (i) at least twenty-five (25) years of age; and
897	893		14 (ii) related to the applicant by blood, marriage, or legal
898	894		15 status;
899	895		16 (B) the spouse of the applicant who is:
900	896		17 (i) a licensed driver with valid driving privileges; and
901	897		18 (ii) at least twenty-one (21) years of age; or
902	898		19 (C) an individual with valid driving privileges who:
903	899		20 (i) is licensed as a driver education instructor under
904	900		21 IC 9-27-6-8 and is working under the authority of a
905	901		22 driver training school described in IC 9-27-6-3(a)(2); or
906	902		23 (ii) is a certified driver rehabilitation specialist
907	903		24 recognized by the bureau who is employed through a
908	904		25 driver rehabilitation program.
909	905		26 (2) If the applicant is at least eighteen (18) years of age,
910	906		27 complete the supervised driving practice with:
911	907		28 (A) a licensed driver, with valid driving privileges, who is
912	908		29 at least twenty-five (25) years of age; or
913	909		30 (B) the spouse of the applicant who is:
914	910		31 (i) a licensed driver with valid driving privileges; and
915	911		32 (ii) at least twenty-one (21) years of age.
916	912		33 (3) If the applicant is less than eighteen (18) years of age and
917	913		34 is under the care and supervision of the department of child
918	914		35 services, complete the supervised driving practice with:
919	915		36 (A) a licensed driver with valid driving privileges who is:
920	916		37 (i) at least twenty-five (25) years of age; and
921	917		38 (ii) related to the applicant by blood, marriage, or legal
922	918		39 status;
923	919		40 (B) a licensed driver with valid driving privileges who is:
924	920		41 (i) at least twenty-five (25) years of age; and
925	921		42 (ii) approved by the department of child services; or
926		-	SB 248—LS 7105/DI 139 22
	922	+	2023 IN 248—LS 7105/DI 139 22
927	923		1 (C) an individual with valid driving privileges who is:
928	924		2 (i) licensed as a driver education instructor under
929	925		3 IC 9-27-6-8 and is working under the authority of a
930	926		4 driver training school described in IC 9-27-6-3(a)(2); or
931	927		5 (ii) a certified driver rehabilitation specialist recognized
932	928		6 by the bureau who is employed through a driver
933	929		7 rehabilitation program.
934	930		8 (4) Submit to the commission under IC 9-24-9-2(c) evidence
935	931		9 of the time logged in supervised driving practice.
936	932		10 Sec. 6. (a) Except as provided in subsection (c), an examination
937	933		11 for a driving privilege card must include the following:
938	934		12 (1) A test of the following of the applicant:
939	935		13 (A) Eyesight.
940	936		14 (B) Ability to read and understand highway signs
941	937		15 regulating, warning, and directing traffic.
942	938		16 (C) Knowledge of Indiana traffic laws, including
943	939		17 IC 9-26-1-1.5 and IC 9-21-12-1.
944	940		18 (2) An actual demonstration of the applicant's skill in
945	941		19 exercising ordinary and reasonable control in the operation
946	942		20 of a motor vehicle under the driving privilege card learner's
947	943		21 permit or driving privilege card.
948	944		22 (b) The examination may include further physical and mental
949	945		23 examinations that the bureau finds necessary to determine the
950	946		24 applicant's fitness to operate a motor vehicle safely upon a
951	947		25 highway. The applicant must provide the motor vehicle used in the
952	948		26 examination. An autocycle may not be used as the motor vehicle
953	949		27 provided for the examination.
954	950		28 (c) The bureau may waive:
955	951		29 (1) the testing required under subsection (a)(1)(A) if the
956	952		30 applicant provides evidence from a licensed ophthalmologist
957	953		31 or licensed optometrist that the applicant's vision is fit to
958	954		32 operate a motor vehicle in a manner that does not jeopardize
959	955		33 the safety of individuals or property;
960	956		34 (2) the actual demonstration required under subsection (a)(2)
961	957		35 for an individual who has passed:
962	958		36 (A) a driver's education class and a skills test given by a
963	959		37 driver training school;
964	960		38 (B) a driver education program given by an entity licensed
965	961		39 under IC 9-27; or
966	962		40 (C) a skills assessment conducted by a third party
967	963		41 approved by the bureau;
968	964		42 (3) the testing, other than eyesight testing under subsection
969		-	SB 248—LS 7105/DI 139 23
	965	+	2023 IN 248—LS 7105/DI 139 23
970	966		1 (a)(1)(A), of an applicant who has passed:
971	967		2 (A) an examination concerning:
972	968		3 (i) subsection (a)(1)(B); and
973	969		4 (ii) subsection (a)(1)(C); and
974	970		5 (B) a skills test;
975	971		6 given by a driver training school or an entity licensed under
976	972		7 IC 9-27; and
977	973		8 (4) the testing, other than the eyesight testing described in
978	974		9 subsection (a)(1)(A), of an applicant who:
979	975		10 (A) is at least eighteen (18) years of age;
980	976		11 (B) was previously a nonresident but now qualifies as an
981	977		12 Indiana resident at the time of application; and
982	978		13 (C) holds a valid driver's license, excluding a learner's
983	979		14 permit or its equivalent, from the applicant's state of prior
984	980		15 residence.
985	981		16 (d) The following are not civilly or criminally liable for a report
986	982		17 made in good faith to the bureau, commission, or driver licensing
987	983		18 medical advisory board concerning the fitness of the applicant to
988	984		19 operate a motor vehicle in a manner that does not jeopardize the
989	985		20 safety of individuals or property:
990	986		21 (1) An instructor having a license under IC 9-27-6-8.
991	987		22 (2) A licensed ophthalmologist or licensed optometrist.
992	988		23 (e) If the bureau has good cause to believe that an applicant is:
993	989		24 (1) incompetent; or
994	990		25 (2) otherwise unfit to operate a motor vehicle;
995	991		26 the bureau may, upon written notice of at least five (5) days,
996	992		27 require the applicant to submit to an examination, an investigation
997	993		28 of the applicant's continued fitness to operate a motor vehicle
998	994		29 safely, including requesting medical information from the
999	995		30 applicant or the applicant's health care sources, or both an
1000	996		31 examination and an investigation.
1001	997		32 (f) Upon the conclusion of all examinations and investigations of
1002	998		33 an applicant under this section, the bureau:
1003	999		34 (1) shall take appropriate action; and
1004	1000		35 (2) may:
1005	1001		36 (A) suspend or revoke the driving privilege card or driving
1006	1002		37 privileges of the licensed driver;
1007	1003		38 (B) permit the licensed driver to retain the driving
1008	1004		39 privilege card or driving privileges of the licensed driver;
1009	1005		40 or
1010	1006		41 (C) issue restricted driving privileges subject to
1011	1007		42 restrictions the bureau considers necessary in the interest
1012		-	SB 248—LS 7105/DI 139 24
	1008	+	2023 IN 248—LS 7105/DI 139 24
1013	1009		1 of public safety.
1014	1010		2 (g) If a licensed driver refuses or neglects to submit to an
1015	1011		3 examination or investigation under this section, the bureau may
1016	1012		4 suspend or revoke the driving privilege card or driving privileges
1017	1013		5 of the licensed driver. The bureau may not suspend or revoke the
1018	1014		6 driving privilege card or driving privileges of the licensed driver
1019	1015		7 until a reasonable investigation of the driver's continued fitness to
1020	1016		8 operate a motor vehicle safely has been made by the bureau.
1021	1017		9 Sec. 7. (a) The bureau shall issue a driving privilege card to an
1022	1018		10 individual who:
1023	1019		11 (1) meets the criteria under this chapter; and
1024	1020		12 (2) except as provided in subsection (b), pays the applicable
1025	1021		13 fee as follows:
1026	1022		14 (A) For an individual who is less than seventy-five (75)
1027	1023		15 years of age, seventeen dollars and fifty cents ($17.50).
1028	1024		16 (B) For an individual who is at least seventy-five (75) years
1029	1025		17 of age but less than eighty-five (85) years of age, eleven
1030	1026		18 dollars ($11).
1031	1027		19 (C) For an individual who is at least eighty-five (85) years
1032	1028		20 of age, seven dollars ($7).
1033	1029		21 (b) A fee described in subsection (a)(2) may not be charged to an
1034	1030		22 individual who:
1035	1031		23 (1) is under the care and supervision of the department of
1036	1032		24 child services; or
1037	1033		25 (2) represents, pursuant to IC 31-36-3-4(b), a homeless youth
1038	1034		26 (as defined in IC 31-36-3-4) and presents a fee and consent
1039	1035		27 waiver affidavit described in IC 31-36-3-4(c);
1040	1036		28 and meets all other requirements for a driving privilege card under
1041	1037		29 this chapter.
1042	1038		30 Sec. 8. Except for an individual described in section 7(b), in
1043	1039		31 addition to applicable fees collected under section 7 of this chapter
1044	1040		32 for a driving privilege card, the bureau shall collect a supplemental
1045	1041		33 fee of fifty dollars ($50) for an individual to obtain a driving
1046	1042		34 privilege card.
1047	1043		35 Sec. 9. (a) This section applies:
1048	1044		36 (1) to an individual who is less than twenty-one (21) years of
1049	1045		37 age; and
1050	1046		38 (2) during the one hundred eighty (180) day period after the
1051	1047		39 individual is issued a driving privilege card under this
1052	1048		40 chapter.
1053	1049		41 (b) An individual may not operate a motor vehicle:
1054	1050		42 (1) from 10 p.m. until 5 a.m. of the following morning, unless
1055		-	SB 248—LS 7105/DI 139 25
	1051	+	2023 IN 248—LS 7105/DI 139 25
1056	1052		1 the individual is:
1057	1053		2 (A) participating in, going to, or returning from:
1058	1054		3 (i) lawful employment;
1059	1055		4 (ii) a school sanctioned activity; or
1060	1056		5 (iii) a religious event; or
1061	1057		6 (B) accompanied in the front seat of the motor vehicle by
1062	1058		7 a licensed driver with valid driving privileges who is:
1063	1059		8 (i) at least twenty-five (25) years of age; or
1064	1060		9 (ii) if the licensed driver is the individual's spouse, at
1065	1061		10 least twenty-one (21) years of age; or
1066	1062		11 (2) in which there are passengers, unless:
1067	1063		12 (A) each passenger in the motor vehicle is:
1068	1064		13 (i) a child or stepchild of the individual;
1069	1065		14 (ii) a sibling of the individual, including step or half
1070	1066		15 siblings;
1071	1067		16 (iii) the spouse of the individual;
1072	1068		17 (iv) a parent or legal guardian of the individual;
1073	1069		18 (v) a grandparent of the individual; or
1074	1070		19 (vi) any combination of individuals described in items (i)
1075	1071		20 through (v); or
1076	1072		21 (B) the individual is accompanied in the front seat of the
1077	1073		22 motor vehicle by a licensed driver with valid driving
1078	1074		23 privileges who is:
1079	1075		24 (i) at least twenty-five (25) years of age; or
1080	1076		25 (ii) if the licensed driver is the individual's spouse, at
1081	1077		26 least twenty-one (21) years of age.
1082	1078		27 (c) A driving privilege card learner's permit or driving privilege
1083	1079		28 card issued under this article must contain the following
1084	1080		29 information:
1085	1081		30 (1) The full legal name of the permittee or licensee.
1086	1082		31 (2) The date of birth of the permittee or licensee.
1087	1083		32 (3) The address of the principal residence of the permittee or
1088	1084		33 licensee.
1089	1085		34 (4) The hair color and eye color of the permittee or licensee.
1090	1086		35 (5) The date of issue and expiration date of the permit or
1091	1087		36 license.
1092	1088		37 (6) The gender of the permittee or licensee.
1093	1089		38 (7) The unique identifying number of the permit or license.
1094	1090		39 (8) The weight of the permittee or licensee.
1095	1091		40 (9) The height of the permittee or licensee.
1096	1092		41 (10) A reproduction of the signature of the permittee or
1097	1093		42 licensee.
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	1094	+	2023 IN 248—LS 7105/DI 139 26
1099	1095		1 (11) If the permittee or licensee is less than eighteen (18) years
1100	1096		2 of age at the time of issuance, the dates, notated prominently,
1101	1097		3 on which the permittee or licensee will become:
1102	1098		4 (A) eighteen (18) years of age; and
1103	1099		5 (B) twenty-one (21) years of age.
1104	1100		6 (12) If the permittee or licensee is at least eighteen (18) years
1105	1101		7 of age but less than twenty-one (21) years of age at the time of
1106	1102		8 issuance, the date, notated prominently, on which the
1107	1103		9 permittee or licensee will become twenty-one (21) years of
1108	1104		10 age.
1109	1105		11 (13) A digital photograph or computerized image of the
1110	1106		12 permittee or licensee.
1111	1107		13 (d) The bureau may not provide for the omission of a
1112	1108		14 photograph or computerized image from a driving privilege card.
1113	1109		15 (e) For purposes of subsection (a), an individual certified as a
1114	1110		16 participant in the address confidentiality program under IC 5-26.5
1115	1111		17 is not required to provide the address of the individual's principal
1116	1112		18 residence, but may provide an address designated by the office of
1117	1113		19 the attorney general under IC 5-26.5 as the address of the
1118	1114		20 individual's principal residence.
1119	1115		21 (f) If an individual submits information concerning the
1120	1116		22 individual's medical condition in conjunction with the individual's
1121	1117		23 application for a driving privilege card, the bureau shall place an
1122	1118		24 identifying symbol in a prominent location on the driving privilege
1123	1119		25 card to indicate that the individual has a medical condition of note.
1124	1120		26 The bureau shall include information on the individual's driving
1125	1121		27 privilege card that briefly describes the individual's medical
1126	1122		28 condition. The information must be notated in a manner that alerts
1127	1123		29 an individual reading the driving privilege card to the existence of
1128	1124		30 the medical condition. The individual submitting the information
1129	1125		31 concerning the medical condition is responsible for its accuracy.
1130	1126		32 (g) The bureau, when issuing a driving privilege card learner's
1131	1127		33 permit or driving privilege card, may, whenever good cause
1132	1128		34 appears, impose restrictions suitable to the licensee's or permittee's
1133	1129		35 driving ability with respect to the type of or special mechanical
1134	1130		36 control devices required on a motor vehicle that the licensee or
1135	1131		37 permittee operates. The bureau may impose other restrictions
1136	1132		38 applicable to the licensee or permittee that the bureau determines
1137	1133		39 are appropriate to assure the safe operation of a motor vehicle by
1138	1134		40 the licensee or permittee, including a requirement to take
1139	1135		41 prescribed medication. When the restrictions are imposed, the
1140	1136		42 bureau may:
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	1137	+	2023 IN 248—LS 7105/DI 139 27
1142	1138		1 (1) issue either a special restricted driving privilege card; or
1143	1139		2 (2) set forth the restrictions upon the usual driving privilege
1144	1140		3 card form.
1145	1141		4 Sec. 10. (a) An individual applying for a renewal of a driving
1146	1142		5 privilege card must apply in person at a license branch.
1147	1143		6 (b) Except as otherwise provided in this chapter, a driving
1148	1144		7 privilege card issued to an applicant expires at midnight one (1)
1149	1145		8 year following the date of issuance.
1150	1146		9 (c) An application for renewal of a driving privilege card under
1151	1147		10 this section may be filed not more than thirty (30) days before the
1152	1148		11 expiration date of the driving privilege card held by the applicant.
1153	1149		12 (d) An individual applying for renewal of a driving privilege
1154	1150		13 card must do the following:
1155	1151		14 (1) Pass an eyesight examination.
1156	1152		15 (2) Pass a written examination if:
1157	1153		16 (A) the applicant has at least six (6) active points on the
1158	1154		17 applicant's driving record maintained by the bureau;
1159	1155		18 (B) the applicant has not reached the applicant's
1160	1156		19 twenty-first birthday and has active points on the
1161	1157		20 applicant's driving record maintained by the bureau; or
1162	1158		21 (C) the applicant is in possession of a driving privilege card
1163	1159		22 that is expired beyond one hundred eighty (180) days.
1164	1160		23 (3) Documentation of residence in Indiana as required by
1165	1161		24 rules adopted by the bureau under IC 4-22-2 or emergency
1166	1162		25 rules adopted in the manner provided under IC 4-22-2-37.1.
1167	1163		26 (e) An individual applying for the renewal of a driving privilege
1168	1164		27 card issued under this chapter shall pay the following applicable
1169	1165		28 fee:
1170	1166		29 (1) If the individual is less than seventy-five (75) years of age,
1171	1167		30 seventeen dollars and fifty cents ($17.50). The fee shall be
1172	1168		31 distributed as follows:
1173	1169		32 (A) Fifty cents ($0.50) to the state motor vehicle technology
1174	1170		33 fund.
1175	1171		34 (B) Two dollars ($2) to the crossroads 2000 fund.
1176	1172		35 (C) Four dollars and fifty cents ($4.50) to the motor vehicle
1177	1173		36 highway account.
1178	1174		37 (D) One dollar and twenty-five cents ($1.25) to the
1179	1175		38 integrated public safety communications fund.
1180	1176		39 (E) Nine dollars and twenty-five cents ($9.25) to the
1181	1177		40 commission fund.
1182	1178		41 (2) If the individual is at least seventy-five (75) years of age
1183	1179		42 and less than eighty-five (85) years of age, eleven dollars
1184		-	SB 248—LS 7105/DI 139 28
	1180	+	2023 IN 248—LS 7105/DI 139 28
1185	1181		1 ($11). The fee shall be distributed as follows:
1186	1182		2 (A) Fifty cents ($0.50) to the state motor vehicle technology
1187	1183		3 fund.
1188	1184		4 (B) One dollar and fifty cents ($1.50) to the crossroads
1189	1185		5 2000 fund.
1190	1186		6 (C) Three dollars ($3) to the motor vehicle highway
1191	1187		7 account.
1192	1188		8 (D) One dollar and twenty-five cents ($1.25) to the
1193	1189		9 integrated public safety communications fund.
1194	1190		10 (E) Four dollars and seventy-five cents ($4.75) to the
1195	1191		11 commission fund.
1196	1192		12 (3) If the individual is at least eighty-five (85) years of age,
1197	1193		13 seven dollars ($7). The fee shall be distributed as follows:
1198	1194		14 (A) Fifty cents ($0.50) to the state motor vehicle technology
1199	1195		15 fund.
1200	1196		16 (B) One dollar ($1) to the crossroads 2000 fund.
1201	1197		17 (C) Two dollars ($2) to the motor vehicle highway account.
1202	1198		18 (D) One dollar and twenty-five cents ($1.25) to the
1203	1199		19 integrated public safety communications fund.
1204	1200		20 (E) Two dollars and twenty-five cents ($2.25) to the
1205	1201		21 commission fund.
1206	1202		22 (f) In addition to applicable fees collected under subsection (e),
1207	1203		23 the bureau shall collect a supplemental fee of fifty dollars ($50) for
1208	1204		24 an individual to obtain a renewal driving privilege card.
1209	1205		25 (g) If the expiration date of a driving privilege card falls on:
1210	1206		26 (1) Sunday;
1211	1207		27 (2) a legal holiday (as set forth in IC 1-1-9-1); or
1212	1208		28 (3) a weekday when all license branches in the county of
1213	1209		29 residence of the holder are closed;
1214	1210		30 the driving privilege card of the holder does not expire until
1215	1211		31 midnight of the first day after the expiration date on which a
1216	1212		32 license branch is open for business in the county of residence of the
1217	1213		33 holder.
1218	1214		34 (h) An individual who fails to renew the individual's driving
1219	1215		35 privilege card on or before the expiration date of the driving
1220	1216		36 privilege card shall pay to the bureau an administrative penalty of
1221	1217		37 six dollars ($6). An administrative penalty collected under this
1222	1218		38 subsection shall be deposited in the commission fund.
1223	1219		39 Sec. 11. An individual applying for a replacement driving
1224	1220		40 privilege card must apply in person at a license branch.
1225	1221		41 Sec. 12. (a) A driving privilege card must include the statement
1226	1222		42 "Driving Privilege Only, Not Valid for Identification" on the face
1227		-	SB 248—LS 7105/DI 139 29
	1223	+	2023 IN 248—LS 7105/DI 139 29
1228	1224		1 of the card.
1229	1225		2 (b) Except as provided in subsection (c), a driving privilege card
1230	1226		3 must include a statement on the face of the card that indicates that
1231	1227		4 the driving privilege card may not be accepted:
1232	1228		5 (1) as identification for any state or federal purpose other
1233	1229		6 than to confer driving privileges;
1234	1230		7 (2) for the purpose of voting; or
1235	1231		8 (3) to verify employment.
1236	1232		9 (c) A driving privilege card may only be used as identification
1237	1233		10 for law enforcement purposes.
1238	1234		11 Sec. 13. The commissioner and the employees or agents of the
1239	1235		12 bureau are not civilly responsible for the validity of information
1240	1236		13 contained on a driving privilege card issued under this chapter.
1241	1237		14 The bureau may adopt rules under IC 4-22-2 to place an
1242	1238		15 appropriate disclaimer on a driving privilege card.
1243	1239		16 Sec. 14. An individual who holds a driving privilege card issued
1244	1240		17 under this chapter and operates a motor vehicle shall verify
1245	1241		18 financial responsibility on any motor vehicle the holder operates is
1246	1242		19 continuously maintained in the amounts required by IC 9-25-4.
1247	1243		20 Sec. 15. (a) The bureau may impose an additional fee of
1248	1244		21 twenty-five dollars ($25) if the bureau processes a credential
1249	1245		22 application under this chapter in a period of time that is shorter
1250	1246		23 than the normal processing period. The bureau shall deposit the fee
1251	1247		24 in the commission fund.
1252	1248		25 (b) A fee imposed under this section is in addition to any other
1253	1249		26 fee imposed under this chapter.
1254	1250		27 Sec. 16. The bureau may adopt rules under IC 4-22-2 to
1255	1251		28 implement this chapter.
1256	1252		29 SECTION 25. IC 9-24-9-5.5, AS AMENDED BY P.L.198-2016,
1257	1253		30 SECTION 469, IS AMENDED TO READ AS FOLLOWS
1258	1254		31 [EFFECTIVE JULY 1, 2023]: Sec. 5.5. (a) Any male who:
1259	1255		32 (1) applies for issuance or renewal of a driver's license or driving
1260	1256		33 privilege card;
1261	1257		34 (2) is less than twenty-six (26) years of age; and
1262	1258		35 (3) is or will be required to register under 50 U.S.C. App. 453(a);
1263	1259		36 may authorize the bureau to register him with the Selective Service
1264	1260		37 System in compliance with the requirements of the federal Military
1265	1261		38 Selective Service Act under 50 U.S.C. App. 451 et seq.
1266	1262		39 (b) The application form for a driver's license, driving privilege
1267	1263		40 card, or driver's license renewal, or driving privilege card renewal
1268	1264		41 must include a box that an applicant can check to:
1269	1265		42 (1) identify the applicant as a male who is less than twenty-six
1270		-	SB 248—LS 7105/DI 139 30
	1266	+	2023 IN 248—LS 7105/DI 139 30
1271	1267		1 (26) years of age; and
1272	1268		2 (2) indicate the applicant's intention to authorize the bureau to
1273	1269		3 submit the necessary information to the Selective Service System
1274	1270		4 to register the applicant with the Selective Service System in
1275	1271		5 compliance with federal law.
1276	1272		6 (c) The application form for a driver's license, driving privilege
1277	1273		7 card, or driver's license renewal, or driving privilege card renewal
1278	1274		8 shall contain the following statement beneath the box described in
1279	1275		9 subsection (b):
1280	1276		10 "Failure to register with the Selective Service System in
1281	1277		11 compliance with the requirements of the federal Military
1282	1278		12 Selective Service Act, 50 U.S.C. App. 451 et seq., is a felony and
1283	1279		13 is punishable by up to five (5) years imprisonment and a two
1284	1280		14 hundred fifty thousand dollar ($250,000) fine. Failure to register
1285	1281		15 may also render you ineligible for certain federal benefits,
1286	1282		16 including student financial aid, job training, and United States
1287	1283		17 citizenship for male immigrants. By checking the above box, I am
1288	1284		18 consenting to registration with the Selective Service System. If I
1289	1285		19 am less than eighteen (18) years of age, I understand that I am
1290	1286		20 consenting to registration with the Selective Service System when
1291	1287		21 I become eighteen (18) years of age.".
1292	1288		22 (d) When authorized by the applicant in conformity with this
1293	1289		23 section, the bureau shall forward the necessary registration information
1294	1290		24 provided by the applicant to the Selective Service System in the
1295	1291		25 electronic format or other format approved by the Selective Service
1296	1292		26 System.
1297	1293		27 (e) Failure of an applicant to authorize the bureau to register the
1298	1294		28 applicant with the Selective Service System is not a basis for denying
1299	1295		29 the applicant driving privileges.
1300	1296		30 SECTION 26. IC 9-24-13-1, AS AMENDED BY P.L.198-2016,
1301	1297		31 SECTION 500, IS AMENDED TO READ AS FOLLOWS
1302	1298		32 [EFFECTIVE JULY 1, 2023]: Sec. 1. An individual holding a driver's
1303	1299		33 license or driving privilege card issued under this article may
1304	1300		34 exercise the privilege granted by the driver's license or driving
1305	1301		35 privilege card upon all highways and is not required to obtain any
1306	1302		36 other driver's license to exercise the privilege by a county, municipal,
1307	1303		37 or local board or by any body having authority to adopt local police
1308	1304		38 regulations.
1309	1305		39 SECTION 27. IC 9-24-13-4, AS AMENDED BY P.L.256-2017,
1310	1306		40 SECTION 175, IS AMENDED TO READ AS FOLLOWS
1311	1307		41 [EFFECTIVE JULY 1, 2023]: Sec. 4. If:
1312	1308		42 (1) an individual holding a driver's license, driving privilege
1313		-	SB 248—LS 7105/DI 139 31
	1309	+	2023 IN 248—LS 7105/DI 139 31
1314	1310		1 card, or permit issued under this article changes the address
1315	1311		2 shown on the driver's license, driving privilege card, or permit
1316	1312		3 application; or
1317	1313		4 (2) the name of a licensee or permittee holder of a driver's
1318	1314		5 license, driving privilege card, or permit is changed by
1319	1315		6 marriage or otherwise;
1320	1316		7 the licensee or permittee holder of the driver's license, driving
1321	1317		8 privilege card, or permit shall make application for an amended
1322	1318		9 driver's license, driving privilege card, or permit under IC 9-24-9
1323	1319		10 containing the correct information within thirty (30) days of the
1324	1320		11 change. For fee purposes, the application shall be treated as a
1325	1321		12 replacement license under IC 9-24-14-1 or a replacement driving
1326	1322		13 privilege card under IC 9-24-3.5.
1327	1323		14 SECTION 28. IC 9-24-18-1, AS AMENDED BY P.L.111-2021,
1328	1324		15 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1329	1325		16 JULY 1, 2023]: Sec. 1. (a) An individual, except an individual
1330	1326		17 exempted under IC 9-24-1-7, who knowingly or intentionally operates
1331	1327		18 a motor vehicle upon a highway and has never received a valid driver's
1332	1328		19 license or driving privilege card commits a Class C misdemeanor.
1333	1329		20 However, the offense is a Class A misdemeanor if the individual has a
1334	1330		21 prior unrelated conviction under this section.
1335	1331		22 (b) In a prosecution under this section, the burden is on the
1336	1332		23 defendant to prove by a preponderance of the evidence that the
1337	1333		24 defendant:
1338	1334		25 (1) had been issued a driver's license, driving privilege card, or
1339	1335		26 permit that was valid; or
1340	1336		27 (2) was operating a motor driven cycle;
1341	1337		28 at the time of the alleged offense. However, it is not a defense under
1342	1338		29 subdivision (2) if the defendant was operating the motor driven cycle
1343	1339		30 in violation of IC 9-21-11-12.
1344	1340		31 SECTION 29. IC 9-24-18-6, AS AMENDED BY P.L.198-2016,
1345	1341		32 SECTION 530, IS AMENDED TO READ AS FOLLOWS
1346	1342		33 [EFFECTIVE JULY 1, 2023]: Sec. 6. In a proceeding to enforce
1347	1343		34 IC 9-24-1 requiring the operator of a motor vehicle to have a certain
1348	1344		35 type of driver's license or driving privilege card, the burden is on the
1349	1345		36 defendant to prove by a preponderance of the evidence that the
1350	1346		37 defendant had been issued the applicable driver's license, driving
1351	1347		38 privilege card, or permit and that the driver's license or driving
1352	1348		39 privilege card was valid at the time of the alleged offense.
1353	1349		40 SECTION 30. IC 9-24-18-7.5, AS AMENDED BY P.L.198-2016,
1354	1350		41 SECTION 531, IS AMENDED TO READ AS FOLLOWS
1355	1351		42 [EFFECTIVE JULY 1, 2023]: Sec. 7.5. (a) A person that knowingly or
1356		-	SB 248—LS 7105/DI 139 32
	1352	+	2023 IN 248—LS 7105/DI 139 32
1357	1353		1 intentionally counterfeits or falsely reproduces a driver's license:
1358	1354		2 (1) with intent to use the driver's license; or
1359	1355		3 (2) to permit an individual to use the driver's license;
1360	1356		4 commits a Class B misdemeanor.
1361	1357		5 (b) A person that knowingly or intentionally counterfeits or
1362	1358		6 falsely reproduces a driving privilege card:
1363	1359		7 (1) with intent to use the driving privilege card; or
1364	1360		8 (2) to permit an individual to use the driving privilege card;
1365	1361		9 commits a Class B misdemeanor.
1366	1362		10 SECTION 31. IC 9-24-18-9, AS AMENDED BY P.L.198-2016,
1367	1363		11 SECTION 532, IS AMENDED TO READ AS FOLLOWS
1368	1364		12 [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) The bureau may establish a
1369	1365		13 driving record for an Indiana resident who does not hold any type of
1370	1366		14 valid driving driver's license or driving privilege card. The driving
1371	1367		15 record shall be established for an unlicensed driver when the bureau
1372	1368		16 receives an abstract of court conviction for the type of conviction that
1373	1369		17 would appear on an official driver's record.
1374	1370		18 (b) If an unlicensed driver applies for and receives any type of
1375	1371		19 driver's license or driving privilege card in Indiana, the individual's
1376	1372		20 driving record as an unlicensed driver shall be recorded on the
1377	1373		21 permanent record file.
1378	1374		22 (c) The bureau shall also certify traffic violation convictions on the
1379	1375		23 driving record of an unlicensed driver who subsequently receives an
1380	1376		24 Indiana driver's license or a driving privilege card.
1381	1377		25 (d) A driving record established under this section must include the
1382	1378		26 following:
1383	1379		27 (1) The individual's convictions for any of the following:
1384	1380		28 (A) A moving traffic violation.
1385	1381		29 (B) Operating a vehicle without financial responsibility in
1386	1382		30 violation of IC 9-25.
1387	1383		31 (2) Any administrative penalty imposed by the bureau.
1388	1384		32 (3) Any suspensions, revocations, or reinstatements of the
1389	1385		33 individual's driving privileges, license, or permit.
1390	1386		34 (4) If the driving privileges of the individual have been suspended
1391	1387		35 or revoked by the bureau, an entry in the record stating that a
1392	1388		36 notice of suspension or revocation was mailed to the individual by
1393	1389		37 the bureau and the date of the mailing of the notice.
1394	1390		38 (5) Any requirement that the individual may operate only a motor
1395	1391		39 vehicle equipped with a certified ignition interlock device.
1396	1392		40 A driving record may not contain voter registration information.
1397	1393		41 SECTION 32. IC 9-25-6-7, AS AMENDED BY P.L.125-2012,
1398	1394		42 SECTION 263, IS AMENDED TO READ AS FOLLOWS
1399		-	SB 248—LS 7105/DI 139 33
	1395	+	2023 IN 248—LS 7105/DI 139 33
1400	1396		1 [EFFECTIVE JULY 1, 2023]: Sec. 7. Except as provided in sections 5
1401	1397		2 and 6 of this chapter, a suspension required in sections 4 and 6 of this
1402	1398		3 chapter remains in effect and no other motor vehicle may be registered
1403	1399		4 in the name of the judgment debtor or a new license or driving
1404	1400		5 privilege card issued to the judgment debtor, until the following occur:
1405	1401		6 (1) The judgment is satisfied or stayed.
1406	1402		7 (2) The judgment debtor gives proof of future financial
1407	1403		8 responsibility for three (3) years, as provided in this article.
1408	1404		9 SECTION 33. IC 9-25-6-15, AS AMENDED BY P.L.86-2021,
1409	1405		10 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1410	1406		11 JULY 1, 2023]: Sec. 15. (a) Except as provided in subsection (e), an
1411	1407		12 individual:
1412	1408		13 (1) whose driving privileges are suspended under this article; and
1413	1409		14 (2) who seeks the reinstatement of the driving privileges;
1414	1410		15 must pay a reinstatement fee to the bureau as provided in subsection
1415	1411		16 (b).
1416	1412		17 (b) The reinstatement fee under subsection (a) is as follows:
1417	1413		18 (1) For a first suspension, two hundred fifty dollars ($250).
1418	1414		19 (2) For a second suspension, five hundred dollars ($500).
1419	1415		20 (3) For a third or subsequent suspension, one thousand dollars
1420	1416		21 ($1,000).
1421	1417		22 (c) Each fee paid under this section or section 15.1 of this chapter
1422	1418		23 shall be deposited in the financial responsibility compliance
1423	1419		24 verification fund established by IC 9-25-9-7 as follows:
1424	1420		25 (1) Forty-eight percent (48%) of a fee paid after a first suspension.
1425	1421		26 (2) Thirty-nine percent (39%) of a fee paid after a second
1426	1422		27 suspension.
1427	1423		28 (3) Twenty-seven percent (27%) of a fee paid after a third or
1428	1424		29 subsequent suspension.
1429	1425		30 The remaining amount of each fee paid under this section or section
1430	1426		31 15.1 of this chapter must be deposited in the motor vehicle highway
1431	1427		32 account.
1432	1428		33 (d) If:
1433	1429		34 (1) a person's driving privileges are suspended for registering or
1434	1430		35 operating a vehicle in violation of IC 9-25-4-1;
1435	1431		36 (2) the person is required to pay a fee for the reinstatement of the
1436	1432		37 person's license or driving privilege card under this section; and
1437	1433		38 (3) the person later establishes that the person did not register or
1438	1434		39 operate a vehicle in violation of IC 9-25-4-1;
1439	1435		40 the fee paid by the person under this section shall be refunded.
1440	1436		41 (e) An individual who has had a suspension imposed under this
1441	1437		42 article terminated by submitting proof of future financial responsibility
1442		-	SB 248—LS 7105/DI 139 34
	1438	+	2023 IN 248—LS 7105/DI 139 34
1443	1439		1 under IC 9-25-4-3, IC 9-25-5-1, or section 3(d) of this chapter for the
1444	1440		2 required time period is not required to pay a reinstatement fee under
1445	1441		3 this section in order to have his or her the individual's driving
1446	1442		4 privileges reinstated.
1447	1443		5 SECTION 34. IC 9-25-7-3, AS AMENDED BY P.L.111-2021,
1448	1444		6 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1449	1445		7 JULY 1, 2023]: Sec. 3. (a) The bureau shall, upon request, cancel a
1450	1446		8 bond or return a certificate of insurance, direct the treasurer of state to
1451	1447		9 return to the person entitled any money or securities deposited under
1452	1448		10 this article as proof of financial responsibility, or waive the requirement
1453	1449		11 of filing proof of financial responsibility in any of the following
1454	1450		12 circumstances:
1455	1451		13 (1) At any time after three (3) years from the date the proof was
1456	1452		14 required, if during the three (3) year period preceding the request
1457	1453		15 the person furnishing the proof has not been convicted of an
1458	1454		16 offense referred to in IC 9-30-4-6.1.
1459	1455		17 (2) If the person on whose behalf the proof was filed dies or the
1460	1456		18 person becomes permanently incapable of operating a motor
1461	1457		19 vehicle.
1462	1458		20 (3) If the person who has given proof of financial responsibility
1463	1459		21 surrenders the person's driver's license or driving privilege card,
1464	1460		22 registration certificates, and registration plates to the bureau. The
1465	1461		23 bureau may not release the proof if an action for damages upon a
1466	1462		24 liability referred to in this article is pending, a judgment upon a
1467	1463		25 liability is outstanding and unsatisfied, or the bureau has received
1468	1464		26 notice that the person has, within the period of three (3) months
1469	1465		27 immediately preceding, been involved as a driver in a motor
1470	1466		28 vehicle accident. An affidavit of the applicant of the nonexistence
1471	1467		29 of the facts referred to in this subdivision is sufficient evidence of
1472	1468		30 the nonexistence of the facts in the absence of evidence to the
1473	1469		31 contrary in the records of the department.
1474	1470		32 (b) Whenever a person to whom proof has been surrendered under
1475	1471		33 subsection (a)(3) applies for a driver's license (issued under IC 9-24-3),
1476	1472		34 or a chauffeur's license, a driving privilege card, or the registration of
1477	1473		35 a motor vehicle within a period of three (3) years from the date the
1478	1474		36 proof of financial responsibility was originally required, the bureau
1479	1475		37 shall reject the application unless the applicant reestablishes the proof
1480	1476		38 for the remainder of the period.
1481	1477		39 SECTION 35. IC 9-25-7-6, AS AMENDED BY P.L.198-2016,
1482	1478		40 SECTION 546, IS AMENDED TO READ AS FOLLOWS
1483	1479		41 [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) This section does not apply
1484	1480		42 to an Indiana resident or an individual who operates a motor vehicle in
1485		-	SB 248—LS 7105/DI 139 35
	1481	+	2023 IN 248—LS 7105/DI 139 35
1486	1482		1 Indiana.
1487	1483		2 (b) Subject to subsection (c), an individual:
1488	1484		3 (1) whose driver's license, driving privilege card, driving
1489	1485		4 privileges, or registration was suspended and who is required to
1490	1486		5 prove financial responsibility extending into the future in order to
1491	1487		6 have the individual's driving privileges reinstated; and
1492	1488		7 (2) who no longer operates a motor vehicle in Indiana and has
1493	1489		8 become a nonresident;
1494	1490		9 is not required to prove financial responsibility into the future in order
1495	1491		10 to have the individual's driver's license, driving privilege card, driving
1496	1492		11 privileges, or registration temporarily reinstated to allow licensing or
1497	1493		12 registration in the other state or foreign jurisdiction.
1498	1494		13 (c) An individual described in subsection (b) who, during the three
1499	1495		14 (3) year period following the suspension described in subsection (b)(1):
1500	1496		15 (1) applies to the bureau for a driver's license or driving
1501	1497		16 privilege card; or
1502	1498		17 (2) registers a motor vehicle in Indiana;
1503	1499		18 must maintain proof of future financial responsibility for the unexpired
1504	1500		19 portion of the three (3) year period as required under this article.
1505	1501		20 SECTION 36. IC 9-25-9-7, AS AMENDED BY P.L.198-2016,
1506	1502		21 SECTION 549, IS AMENDED TO READ AS FOLLOWS
1507	1503		22 [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) The financial responsibility
1508	1504		23 compliance verification fund is established to defray expenses incurred
1509	1505		24 by the bureau in verifying compliance with financial responsibility
1510	1506		25 requirements under this chapter.
1511	1507		26 (b) The expenses of administering the fund shall be paid from
1512	1508		27 money in the fund.
1513	1509		28 (c) The sources of money for the fund are as follows:
1514	1510		29 (1) The portion of the driving license privileges reinstatement fee
1515	1511		30 that is to be deposited in the fund under IC 9-25-6-15.
1516	1512		31 (2) Accrued interest and other investment earnings of the fund.
1517	1513		32 (3) Appropriations made by the general assembly.
1518	1514		33 (4) Gifts and donations from any person to the fund.
1519	1515		34 (d) The treasurer of state shall invest the money in the fund not
1520	1516		35 currently needed to meet the obligations of the fund in the same
1521	1517		36 manner as other public funds may be invested.
1522	1518		37 (e) Money in the fund at the end of a state fiscal year does not revert
1523	1519		38 to the state general fund.
1524	1520		39 SECTION 37. IC 9-26-1-1.1, AS AMENDED BY P.L.184-2019,
1525	1521		40 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1526	1522		41 JULY 1, 2023]: Sec. 1.1. (a) The operator of a motor vehicle involved
1527	1523		42 in an accident shall do the following:
1528		-	SB 248—LS 7105/DI 139 36
	1524	+	2023 IN 248—LS 7105/DI 139 36
1529	1525		1 (1) Except as provided in section 1.2 of this chapter, the operator
1530	1526		2 shall immediately stop the operator's motor vehicle:
1531	1527		3 (A) at the scene of the accident; or
1532	1528		4 (B) as close to the accident as possible;
1533	1529		5 in a manner that does not obstruct traffic more than is necessary.
1534	1530		6 (2) Remain at the scene of the accident until the operator does the
1535	1531		7 following:
1536	1532		8 (A) Gives the operator's name and address and the registration
1537	1533		9 number of the motor vehicle the operator was driving to any
1538	1534		10 person involved in the accident.
1539	1535		11 (B) Exhibits the operator's driver's license or driving
1540	1536		12 privilege card to any person involved in the accident or
1541	1537		13 occupant of or any person attending to any vehicle involved in
1542	1538		14 the accident.
1543	1539		15 (3) If the accident results in the injury or death of another person,
1544	1540		16 the operator shall, in addition to the requirements of subdivisions
1545	1541		17 (1) and (2):
1546	1542		18 (A) provide reasonable assistance to each person injured in or
1547	1543		19 entrapped by the accident, as directed by a law enforcement
1548	1544		20 officer, medical personnel, or a 911 telephone operator; and
1549	1545		21 (B) as soon as possible after the accident, immediately give
1550	1546		22 notice of the accident, or ensure that another person gives
1551	1547		23 notice of the accident, by the quickest means of
1552	1548		24 communication to one (1) of the following:
1553	1549		25 (i) The local police department, if the accident occurs within
1554	1550		26 a municipality.
1555	1551		27 (ii) The office of the county sheriff or the nearest state police
1556	1552		28 post, if the accident occurs outside a municipality.
1557	1553		29 (iii) A 911 telephone operator.
1558	1554		30 (4) If the accident involves a collision with an unattended vehicle
1559	1555		31 or damage to property other than a vehicle, the operator shall, in
1560	1556		32 addition to the requirements of subdivisions (1) and (2):
1561	1557		33 (A) take reasonable steps to locate and notify the owner or
1562	1558		34 person in charge of the damaged vehicle or property of the
1563	1559		35 damage; and
1564	1560		36 (B) if after reasonable inquiry the operator cannot find the
1565	1561		37 owner or person in charge of the damaged vehicle or property,
1566	1562		38 the operator must contact a law enforcement officer or agency
1567	1563		39 and provide the information required by this section.
1568	1564		40 (b) An operator of a motor vehicle who knowingly or intentionally
1569	1565		41 fails to comply with subsection (a) commits leaving the scene of an
1570	1566		42 accident, a Class B misdemeanor. However, the offense is:
1571		-	SB 248—LS 7105/DI 139 37
	1567	+	2023 IN 248—LS 7105/DI 139 37
1572	1568		1 (1) a Class A misdemeanor if the accident results in bodily injury
1573	1569		2 to another person;
1574	1570		3 (2) a Level 6 felony if:
1575	1571		4 (A) the accident results in moderate or serious bodily injury to
1576	1572		5 another person; or
1577	1573		6 (B) within the five (5) years preceding the commission of the
1578	1574		7 offense, the operator had a previous conviction of any of the
1579	1575		8 offenses listed in IC 9-30-10-4(a);
1580	1576		9 (3) a Level 4 felony if the accident results in the death or
1581	1577		10 catastrophic injury of another person; and
1582	1578		11 (4) a Level 3 felony if the operator knowingly or intentionally
1583	1579		12 fails to stop or comply with subsection (a) during or after the
1584	1580		13 commission of the offense of operating while intoxicated causing
1585	1581		14 serious bodily injury (IC 9-30-5-4) or operating while intoxicated
1586	1582		15 causing death or catastrophic injury (IC 9-30-5-5).
1587	1583		16 (c) An operator of a motor vehicle who commits an offense under
1588	1584		17 subsection (b)(1), (b)(2), (b)(3), or (b)(4) commits a separate offense
1589	1585		18 for each person whose injury or death was a result of the accident.
1590	1586		19 (d) A court may order terms of imprisonment imposed on a person
1591	1587		20 convicted of more than one (1) offense described in subsection (b)(1),
1592	1588		21 (b)(2), (b)(3), or (b)(4) to run consecutively. Consecutive terms of
1593	1589		22 imprisonment imposed under this subsection are not subject to the
1594	1590		23 sentencing restrictions set forth in IC 35-50-1-2(c) through
1595	1591		24 IC 35-50-1-2(d).
1596	1592		25 SECTION 38. IC 9-26-1-1.5, AS AMENDED BY P.L.188-2015,
1597	1593		26 SECTION 100, IS AMENDED TO READ AS FOLLOWS
1598	1594		27 [EFFECTIVE JULY 1, 2023]: Sec. 1.5. (a) If:
1599	1595		28 (1) the operator of a motor vehicle is physically incapable of
1600	1596		29 determining the need for or rendering assistance to any injured or
1601	1597		30 entrapped person as required under section 1.1(a)(3) of this
1602	1598		31 chapter;
1603	1599		32 (2) there is another occupant in the motor vehicle at the time of
1604	1600		33 the accident who is:
1605	1601		34 (A) at least:
1606	1602		35 (i) fifteen (15) years of age and holds a learner's permit
1607	1603		36 issued under IC 9-24-7-1, or a driver's license issued under
1608	1604		37 IC 9-24-11, or a driving privilege card issued under
1609	1605		38 IC 9-24-3.5; or
1610	1606		39 (ii) eighteen (18) years of age; and
1611	1607		40 (B) capable of determining the need for and rendering
1612	1608		41 reasonable assistance to injured or entrapped persons as
1613	1609		42 provided in section 1.1(a)(3) of this chapter; and
1614		-	SB 248—LS 7105/DI 139 38
	1610	+	2023 IN 248—LS 7105/DI 139 38
1615	1611		1 (3) the other occupant in the motor vehicle knows that the
1616	1612		2 operator of the motor vehicle is physically incapable of
1617	1613		3 determining the need for or rendering assistance to any injured or
1618	1614		4 entrapped person;
1619	1615		5 the motor vehicle occupant referred to in subdivisions (2) and (3) shall
1620	1616		6 immediately determine the need for and render reasonable assistance
1621	1617		7 to each person injured or entrapped in the accident as provided in
1622	1618		8 section 1.1(a)(3) of this chapter.
1623	1619		9 (b) If there is more than one (1) motor vehicle occupant to whom
1624	1620		10 subsection (a) applies, it is a defense to a prosecution of one (1) motor
1625	1621		11 vehicle occupant under subsection (a) that the defendant reasonably
1626	1622		12 believed that another occupant of the motor vehicle determined the
1627	1623		13 need for and rendered reasonable assistance as required under
1628	1624		14 subsection (a).
1629	1625		15 (c) A person who knowingly or intentionally violates this section
1630	1626		16 commits a Class C misdemeanor.
1631	1627		17 SECTION 39. IC 9-27-6-3, AS AMENDED BY P.L.92-2020,
1632	1628		18 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1633	1629		19 JULY 1, 2023]: Sec. 3. (a) As used in this chapter, "driver training
1634	1630		20 school" means:
1635	1631		21 (1) a business enterprise that:
1636	1632		22 (A) is conducted by an individual, an association, a
1637	1633		23 partnership, a limited liability company, or a corporation for
1638	1634		24 the education and training of persons, practically or
1639	1635		25 theoretically, or both, to operate or drive motor vehicles or to
1640	1636		26 prepare an applicant for an examination or validation under
1641	1637		27 IC 9-24 for a driver's license or driving privilege card; and
1642	1638		28 (B) charges consideration or tuition for the provision of
1643	1639		29 services; or
1644	1640		30 (2) a driver education program operated under the authority of:
1645	1641		31 (A) a school corporation (as defined in IC 36-1-2-17);
1646	1642		32 (B) a state accredited nonpublic secondary school that
1647	1643		33 voluntarily becomes accredited under IC 20-31-4.1;
1648	1644		34 (C) a postsecondary proprietary educational institution (as
1649	1645		35 defined in IC 22-4.1-21-9);
1650	1646		36 (D) a postsecondary credit bearing proprietary educational
1651	1647		37 institution (as defined in IC 21-18.5-2-12);
1652	1648		38 (E) a state educational institution (as defined in
1653	1649		39 IC 21-7-13-32); or
1654	1650		40 (F) a nonaccredited nonpublic school.
1655	1651		41 (b) The term does not include a business enterprise that educates or
1656	1652		42 trains a person or prepares a person for an examination or a validation
1657		-	SB 248—LS 7105/DI 139 39
	1653	+	2023 IN 248—LS 7105/DI 139 39
1658	1654		1 given by the bureau to operate or drive a motor vehicle as a vocation.
1659	1655		2 SECTION 40. IC 9-27-6-4, AS AMENDED BY P.L.85-2013,
1660	1656		3 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1661	1657		4 JULY 1, 2023]: Sec. 4. As used in this chapter, "instructor" means the
1662	1658		5 following:
1663	1659		6 (1) An individual, whether acting as the operator of a driver
1664	1660		7 training school or on behalf of a driver training school, who for
1665	1661		8 compensation teaches, conducts classes for, gives demonstrations
1666	1662		9 to, or supervises the practice of individuals learning to operate or
1667	1663		10 drive motor vehicles or preparing to take an examination for a
1668	1664		11 driver's license or driving privilege card.
1669	1665		12 (2) An individual who supervises the work of an instructor.
1670	1666		13 (3) An individual licensed under IC 20-28-5-1.
1671	1667		14 (4) An individual under the authority of a postsecondary
1672	1668		15 proprietary educational institution (as defined in IC 22-4.1-21-9)
1673	1669		16 or a postsecondary credit bearing proprietary educational
1674	1670		17 institution (as defined in IC 21-18.5-2-12) who is teaching,
1675	1671		18 conducting classes for, giving demonstrations to, or supervising
1676	1672		19 the practice of individuals learning to operate or drive motor
1677	1673		20 vehicles or preparing to take an examination for a driver's license
1678	1674		21 or driving privilege card.
1679	1675		22 (5) An individual under the authority of a state educational
1680	1676		23 institution (as defined in IC 21-7-13-32) who is teaching,
1681	1677		24 conducting classes for, giving demonstrations to, or supervising
1682	1678		25 the practice of individuals learning to operate or drive motor
1683	1679		26 vehicles or preparing to take an examination for a driver's license
1684	1680		27 or driving privilege card.
1685	1681		28 SECTION 41. IC 9-27-6-5, AS AMENDED BY P.L.85-2013,
1686	1682		29 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1687	1683		30 JULY 1, 2023]: Sec. 5. (a) As used in this section, "advisory board"
1688	1684		31 refers to the driver education advisory board established by subsection
1689	1685		32 (b).
1690	1686		33 (b) The driver education advisory board is established to advise the
1691	1687		34 commissioner in the administration of the policies of the commission
1692	1688		35 and the bureau regarding driver education.
1693	1689		36 (c) The advisory board is composed of seven (7) individuals
1694	1690		37 appointed by the commissioner as follows:
1695	1691		38 (1) Three (3) members must be driver education professionals
1696	1692		39 endorsed by the bureau under section 8 of this chapter. In the
1697	1693		40 selection of individuals for membership under this subdivision,
1698	1694		41 consideration must be given to driver education instruction
1699	1695		42 performed in urban and rural areas.
1700		-	SB 248—LS 7105/DI 139 40
	1696	+	2023 IN 248—LS 7105/DI 139 40
1701	1697		1 (2) One (1) member must be a traffic safety advocate.
1702	1698		2 (3) One (1) member must be a representative of the bureau.
1703	1699		3 (4) One (1) member must be a representative of higher education.
1704	1700		4 (5) One (1) member must be a representative of the insurance
1705	1701		5 industry.
1706	1702		6 (d) A member of the advisory board serves a two (2) year term. A
1707	1703		7 member may not be appointed to more than two (2) consecutive full
1708	1704		8 terms. Each member serves until the member's successor is appointed
1709	1705		9 and qualified.
1710	1706		10 (e) A member of the advisory board may be removed for good
1711	1707		11 cause.
1712	1708		12 (f) A vacancy on the advisory board shall be filled by the
1713	1709		13 appointment by the commissioner of an individual to fill the position
1714	1710		14 to which the vacating member was appointed under subsection (c) for
1715	1711		15 the vacating member's unexpired term.
1716	1712		16 (g) The advisory board shall:
1717	1713		17 (1) consult with and advise the commissioner in the
1718	1714		18 administration of the policies of the commission and the bureau
1719	1715		19 regarding driver education; and
1720	1716		20 (2) suggest rules regarding the education and training of persons
1721	1717		21 to operate or drive motor vehicles or to prepare a person for an
1722	1718		22 examination or validation for a driver's license or driving
1723	1719		23 privilege card.
1724	1720		24 (h) A member of the advisory board is not subject to liability in a
1725	1721		25 civil action for bodily injury or property damage arising from or
1726	1722		26 thought to have arisen from an action taken in good faith as a member
1727	1723		27 of the advisory board.
1728	1724		28 SECTION 42. IC 9-30-2-4 IS AMENDED TO READ AS
1729	1725		29 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) This section does
1730	1726		30 not apply to a person arrested for a misdemeanor under IC 9-30-5
1731	1727		31 (operating a vehicle while intoxicated).
1732	1728		32 (b) If a person is arrested for a misdemeanor under this title, the
1733	1729		33 arrested person shall be immediately taken before a court within the
1734	1730		34 county in which the offense charged is alleged to have been committed
1735	1731		35 and that has jurisdiction of the offense and is nearest or most accessible
1736	1732		36 to the place where the arrest is made in any of the following cases:
1737	1733		37 (1) When the person demands an immediate appearance before a
1738	1734		38 court.
1739	1735		39 (2) When the person is charged with an offense causing or
1740	1736		40 contributing to an accident resulting in injury to or death of a
1741	1737		41 person.
1742	1738		42 (3) When the person is charged with failure to stop for an accident
1743		-	SB 248—LS 7105/DI 139 41
	1739	+	2023 IN 248—LS 7105/DI 139 41
1744	1740		1 causing death, personal injuries, or damage to property.
1745	1741		2 (4) When the person refuses to give the person's written promise
1746	1742		3 to appear in court.
1747	1743		4 (5) When the person is charged with driving while the person's
1748	1744		5 license or driving privilege card is suspended or revoked.
1749	1745		6 SECTION 43. IC 9-30-3-15, AS AMENDED BY P.L.198-2016,
1750	1746		7 SECTION 595, IS AMENDED TO READ AS FOLLOWS
1751	1747		8 [EFFECTIVE JULY 1, 2023]: Sec. 15. In a proceeding, prosecution, or
1752	1748		9 hearing where the prosecuting attorney must prove that the defendant
1753	1749		10 had a prior conviction for an offense under this title, the relevant
1754	1750		11 portions of a certified computer printout or electronic copy made from
1755	1751		12 the records of the bureau are admissible as prima facie evidence of the
1756	1752		13 prior conviction. However, the prosecuting attorney must establish that
1757	1753		14 the document identifies the defendant by the defendant's driver's
1758	1754		15 license or driving privilege card number or by any other identification
1759	1755		16 method utilized by the bureau.
1760	1756		17 SECTION 44. IC 9-30-4-6.1, AS ADDED BY P.L.198-2016,
1761	1757		18 SECTION 598, IS AMENDED TO READ AS FOLLOWS
1762	1758		19 [EFFECTIVE JULY 1, 2023]: Sec. 6.1. (a) The bureau shall suspend
1763	1759		20 or revoke the current driver's license, driving privilege card, or
1764	1760		21 driving privileges and all certificates of registration and proof of
1765	1761		22 registration issued to or registered in the name of an individual who is
1766	1762		23 convicted of any of the following:
1767	1763		24 (1) Manslaughter or reckless homicide resulting from the
1768	1764		25 operation of a motor vehicle.
1769	1765		26 (2) Knowingly making a false application, or committing perjury
1770	1766		27 with respect to an application made, under:
1771	1767		28 (A) this chapter; or
1772	1768		29 (B) any other law requiring the registration of motor vehicles
1773	1769		30 or regulating motor vehicle operation on highways.
1774	1770		31 (3) Three (3) charges of criminal recklessness involving the use
1775	1771		32 of a motor vehicle within the preceding twelve (12) months.
1776	1772		33 (4) Failure to stop and give information or assistance or failure to
1777	1773		34 stop and disclose the individual's identity at the scene of an
1778	1774		35 accident that has resulted in death, personal injury, or property
1779	1775		36 damage in excess of two hundred dollars ($200).
1780	1776		37 However, and unless otherwise required by law, the bureau may not
1781	1777		38 suspend a certificate of registration or proof of registration if the
1782	1778		39 individual gives and maintains, during the three (3) years following the
1783	1779		40 date of suspension or revocation, proof of financial responsibility in the
1784	1780		41 future in the manner specified in this section.
1785	1781		42 (b) The bureau shall suspend a driver's license, driving privilege
1786		-	SB 248—LS 7105/DI 139 42
	1782	+	2023 IN 248—LS 7105/DI 139 42
1787	1783		1 card, or driving privileges of an individual upon conviction in another
1788	1784		2 jurisdiction for the following:
1789	1785		3 (1) Manslaughter or reckless homicide resulting from the
1790	1786		4 operation of a motor vehicle.
1791	1787		5 (2) Knowingly making a false application, or committing perjury
1792	1788		6 with respect to an application made, under:
1793	1789		7 (A) this chapter; or
1794	1790		8 (B) any other law requiring the registration of motor vehicles
1795	1791		9 or regulating motor vehicle operation on highways.
1796	1792		10 (3) Three (3) charges of criminal recklessness involving the use
1797	1793		11 of a motor vehicle within the preceding twelve (12) months.
1798	1794		12 (4) Failure to stop and give information or assistance or failure to
1799	1795		13 stop and disclose the individual's identity at the scene of an
1800	1796		14 accident that has resulted in death, personal injury, or property
1801	1797		15 damage in excess of two hundred dollars ($200).
1802	1798		16 However, if property damage under subdivision (4) is equal to or less
1803	1799		17 than two hundred dollars ($200), the bureau may determine whether
1804	1800		18 the driver's license, driving privilege card, or driving privileges and
1805	1801		19 certificates of registration and proof of registration shall be suspended
1806	1802		20 or revoked.
1807	1803		21 (c) An individual whose driving privileges are suspended under this
1808	1804		22 chapter is eligible for specialized driving privileges under IC 9-30-16.
1809	1805		23 (d) A suspension or revocation remains in effect and a new or
1810	1806		24 renewal license or driving privilege card may not be issued to the
1811	1807		25 individual and a motor vehicle may not be registered in the name of the
1812	1808		26 individual as follows:
1813	1809		27 (1) Except as provided in subdivision (2), for six (6) months after
1814	1810		28 the date of conviction or on the date on which the individual is
1815	1811		29 otherwise eligible for a license or driving privilege card,
1816	1812		30 whichever is later.
1817	1813		31 (2) Upon conviction of an offense described in subsection (a)(1),
1818	1814		32 (a)(4), (b)(1), or (b)(4), when the accident has resulted in death,
1819	1815		33 for a fixed period of at least two (2) years and not more than five
1820	1816		34 (5) years, to be fixed by the bureau based upon recommendation
1821	1817		35 of the court entering a conviction. A new or reinstated driver's
1822	1818		36 license, driving privilege card, or driving privileges may not be
1823	1819		37 issued to the individual unless that individual, within the three (3)
1824	1820		38 years following the expiration of the suspension or revocation,
1825	1821		39 gives and maintains in force at all times during the effective
1826	1822		40 period of a new or reinstated license or driving privilege card
1827	1823		41 proof of financial responsibility in the future in the manner
1828	1824		42 specified in this chapter. However, the liability of the insurance
1829		-	SB 248—LS 7105/DI 139 43
	1825	+	2023 IN 248—LS 7105/DI 139 43
1830	1826		1 carrier under a motor vehicle liability policy that is furnished for
1831	1827		2 proof of financial responsibility in the future as set out in this
1832	1828		3 chapter becomes absolute whenever loss or damage covered by
1833	1829		4 the policy occurs, and the satisfaction by the insured of a final
1834	1830		5 judgment for loss or damage is not a condition precedent to the
1835	1831		6 right or obligation of the carrier to make payment on account of
1836	1832		7 loss or damage, but the insurance carrier has the right to settle a
1837	1833		8 claim covered by the policy. If the settlement is made in good
1838	1834		9 faith, the amount must be deducted from the limits of liability
1839	1835		10 specified in the policy. A policy may not be canceled or annulled
1840	1836		11 with respect to a loss or damage by an agreement between the
1841	1837		12 carrier and the insured after the insured has become responsible
1842	1838		13 for the loss or damage, and a cancellation or annulment is void.
1843	1839		14 The policy may provide that the insured or any other person
1844	1840		15 covered by the policy shall reimburse the insurance carrier for
1845	1841		16 payment made on account of any loss or damage claim or suit
1846	1842		17 involving a breach of the terms, provisions, or conditions of the
1847	1843		18 policy. If the policy provides for limits that exceed the limits
1848	1844		19 specified in this chapter, the insurance carrier may plead against
1849	1845		20 any plaintiff, with respect to the amount of the excess limits of
1850	1846		21 liability, any defenses that the carrier may be entitled to plead
1851	1847		22 against the insured. The policy may further provide for prorating
1852	1848		23 of the insurance with other applicable valid and collectible
1853	1849		24 insurance. An action does not lie against the insurance carrier by
1854	1850		25 or on behalf of any claimant under the policy until a final
1855	1851		26 judgment has been obtained after actual trial by or on behalf of
1856	1852		27 any claimant under the policy.
1857	1853		28 (e) The bureau may take action as required in this section upon
1858	1854		29 receiving satisfactory evidence of a conviction of an individual in
1859	1855		30 another state.
1860	1856		31 (f) A suspension or revocation under this section or IC 9-30-13-0.5
1861	1857		32 stands pending appeal of the conviction to a higher court and may be
1862	1858		33 set aside or modified only upon the receipt by the bureau of the
1863	1859		34 certificate of the court reversing or modifying the judgment that the
1864	1860		35 cause has been reversed or modified. However, if the suspension or
1865	1861		36 revocation follows a conviction in a court of no record in Indiana, the
1866	1862		37 suspension or revocation is stayed pending appeal of the conviction to
1867	1863		38 a court of record.
1868	1864		39 (g) A person aggrieved by an order or act of the bureau under this
1869	1865		40 section or IC 9-30-13-0.5 may file a petition for a court review.
1870	1866		41 (h) An entry in the driving record of a defendant stating that notice
1871	1867		42 of suspension or revocation was mailed by the bureau to the defendant
1872		-	SB 248—LS 7105/DI 139 44
	1868	+	2023 IN 248—LS 7105/DI 139 44
1873	1869		1 constitutes prima facie evidence that the notice was mailed to the
1874	1870		2 defendant's address as shown in the records of the bureau.
1875	1871		3 SECTION 45. IC 9-30-5-18, AS ADDED BY P.L.125-2012,
1876	1872		4 SECTION 342, IS AMENDED TO READ AS FOLLOWS
1877	1873		5 [EFFECTIVE JULY 1, 2023]: Sec. 18. (a) If:
1878	1874		6 (1) a criminal proceeding for driving while intoxicated under
1879	1875		7 IC 9-30-5 is deferred under IC 12-23-5-1 through IC 12-23-5-9;
1880	1876		8 or
1881	1877		9 (2) a child alleged to be a delinquent child based upon the child's
1882	1878		10 violation of IC 9-30-5 voluntarily attends or is ordered by the
1883	1879		11 court under IC 31-37 to attend an alcohol and drug services
1884	1880		12 program;
1885	1881		13 the court, within ten (10) days after the defendant or child begins the
1886	1882		14 program, shall forward to the bureau a certified abstract of program
1887	1883		15 enrollment.
1888	1884		16 (b) The abstract must state the following:
1889	1885		17 (1) The defendant's or child's name, address, date of birth, and
1890	1886		18 driver's license or driving privilege card number.
1891	1887		19 (2) The name and location of the alcohol and drug services
1892	1888		20 program that the defendant or child is attending.
1893	1889		21 SECTION 46. IC 9-30-6-4.3, AS AMENDED BY P.L.13-2013,
1894	1890		22 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1895	1891		23 JULY 1, 2023]: Sec. 4.3. (a) This section applies only to a person
1896	1892		24 whose motor vehicle has been seized under IC 34-24-1-1(a)(15).
1897	1893		25 (b) If the bureau receives an order from a court recommending that
1898	1894		26 the bureau not register a motor vehicle in the name of a person whose
1899	1895		27 motor vehicle has been seized under IC 34-24-1-1(a)(15), the bureau
1900	1896		28 may not register a motor vehicle in the name of the person whose motor
1901	1897		29 vehicle has been seized until the person proves that the person
1902	1898		30 possesses a driver's license or driving privilege card with valid
1903	1899		31 driving privileges.
1904	1900		32 SECTION 47. IC 9-30-8-1, AS AMENDED BY P.L.188-2015,
1905	1901		33 SECTION 112, IS AMENDED TO READ AS FOLLOWS
1906	1902		34 [EFFECTIVE JULY 1, 2023]: Sec. 1. If a court orders the installation
1907	1903		35 of a certified ignition interlock device on a motor vehicle that a person
1908	1904		36 whose license or driving privilege card is restricted owns or expects
1909	1905		37 to operate, the court shall set the time that the installation must remain
1910	1906		38 in effect. However, the term may not exceed the maximum term of
1911	1907		39 imprisonment the court could have imposed. The person shall pay the
1912	1908		40 cost of installation unless the sentencing court determines that the
1913	1909		41 person is indigent.
1914	1910		42 SECTION 48. IC 9-30-8-5 IS AMENDED TO READ AS
1915		-	SB 248—LS 7105/DI 139 45
	1911	+	2023 IN 248—LS 7105/DI 139 45
1916	1912		1 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. If a court orders a
1917	1913		2 person under IC 9-30-5-16 to operate only a vehicle that is equipped
1918	1914		3 with an ignition interlock device, the bureau shall include that
1919	1915		4 condition when issuing a license or driving privilege card.
1920	1916		5 SECTION 49. IC 9-30-9-5 IS AMENDED TO READ AS
1921	1917		6 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) If the court enters
1922	1918		7 an order conditionally deferring charges under section 3 of this chapter,
1923	1919		8 the court may do the following:
1924	1920		9 (1) Suspend the person's driving privileges for at least two (2)
1925	1921		10 years but not more than four (4) years.
1926	1922		11 (2) Impose other appropriate conditions, including the payment of
1927	1923		12 fees imposed under section 8 of this chapter.
1928	1924		13 (b) Notwithstanding IC 9-30-6-9, the defendant may be granted
1929	1925		14 probationary driving privileges only after the defendant's license or
1930	1926		15 driving privilege card has been suspended for at least one (1) year.
1931	1927		16 (c) The court may, as an alternative to a license or driving privilege
1932	1928		17 card suspension under subsection (a)(1), issue an order prohibiting the
1933	1929		18 defendant from operating a motor vehicle unless the motor vehicle is
1934	1930		19 equipped with a functioning certified ignition interlock device under
1935	1931		20 IC 9-30-8. An order requiring an ignition interlock device must remain
1936	1932		21 in effect for at least two (2) years but not more than four (4) years.
1937	1933		22 SECTION 50. IC 9-30-9-7 IS AMENDED TO READ AS
1938	1934		23 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) If the court refers
1939	1935		24 a defendant to the program under section 6 of this chapter, the court
1940	1936		25 may do the following:
1941	1937		26 (1) Suspend the defendant's driving privileges for at least ninety
1942	1938		27 (90) days but not more than four (4) years.
1943	1939		28 (2) Impose other appropriate conditions.
1944	1940		29 (b) The defendant may be granted probationary driving privileges
1945	1941		30 only after the defendant's license or driving privilege card has been
1946	1942		31 suspended for at least thirty (30) days under IC 9-30-6-9.
1947	1943		32 (c) The court may, as an alternative to a license or driving privilege
1948	1944		33 card suspension under subsection (a)(1), issue an order prohibiting the
1949	1945		34 defendant from operating a motor vehicle unless the motor vehicle is
1950	1946		35 equipped with a functioning certified ignition interlock device under
1951	1947		36 IC 9-30-8. An order requiring an ignition interlock device must remain
1952	1948		37 in effect for at least two (2) years but not more than four (4) years.
1953	1949		38 SECTION 51. IC 9-30-13-0.5, AS AMENDED BY P.L.198-2016,
1954	1950		39 SECTION 604, IS AMENDED TO READ AS FOLLOWS
1955	1951		40 [EFFECTIVE JULY 1, 2023]: Sec. 0.5. (a) A court shall forward to the
1956	1952		41 bureau a certified abstract of the record of the conviction of a person
1957	1953		42 in the court for a violation of a law relating to motor vehicles.
1958		-	SB 248—LS 7105/DI 139 46
	1954	+	2023 IN 248—LS 7105/DI 139 46
1959	1955		1 (b) If in the opinion of the court a defendant should be deprived of
1960	1956		2 the privilege to operate a motor vehicle upon a public highway, the
1961	1957		3 court may recommend the suspension of the convicted person's driving
1962	1958		4 privileges for a period that does not exceed the maximum period of
1963	1959		5 incarceration for the offense of which the person was convicted.
1964	1960		6 (c) The bureau shall comply with the court's recommendation.
1965	1961		7 (d) At the time of a conviction referred to in subsection (a) or under
1966	1962		8 IC 9-30-5-7, the court may obtain and destroy the defendant's current
1967	1963		9 driver's license or driving privilege card.
1968	1964		10 (e) An abstract required by this section must be in the form
1969	1965		11 prescribed by the bureau and, when certified, shall be accepted by an
1970	1966		12 administrative agency or a court as prima facie evidence of the
1971	1967		13 conviction and all other action stated in the abstract.
1972	1968		14 SECTION 52. IC 9-30-13-8, AS AMENDED BY P.L.217-2014,
1973	1969		15 SECTION 152, IS AMENDED TO READ AS FOLLOWS
1974	1970		16 [EFFECTIVE JULY 1, 2023]: Sec. 8. (a) Upon receiving an order
1975	1971		17 issued by a court under IC 35-43-4-8(b) concerning a person convicted
1976	1972		18 of fuel theft, the bureau shall do the following:
1977	1973		19 (1) Suspend under subsection (b) the driving privileges of the
1978	1974		20 person who is the subject of the order, whether or not the person's
1979	1975		21 current driver's license or driving privilege card accompanies
1980	1976		22 the order.
1981	1977		23 (2) Mail to the last known address of the person who is the subject
1982	1978		24 of the order a notice:
1983	1979		25 (A) stating that the person's driving privileges are being
1984	1980		26 suspended for fuel theft;
1985	1981		27 (B) setting forth the date on which the suspension takes effect
1986	1982		28 and the date on which the suspension terminates; and
1987	1983		29 (C) stating that the person may be granted specialized driving
1988	1984		30 privileges under IC 9-30-16 if the person meets the conditions
1989	1985		31 for obtaining specialized driving privileges.
1990	1986		32 (b) The suspension of the driving privileges of a person who is the
1991	1987		33 subject of an order issued under IC 35-43-4-8(b):
1992	1988		34 (1) begins five (5) business days after the date on which the
1993	1989		35 bureau mails the notice to the person under subsection (a)(2); and
1994	1990		36 (2) terminates thirty (30) days after the suspension begins.
1995	1991		37 (c) A person who operates a motor vehicle during a suspension of
1996	1992		38 the person's driving privileges under this section commits a Class A
1997	1993		39 infraction unless the person's operation of the motor vehicle is
1998	1994		40 authorized by specialized driving privileges granted to the person under
1999	1995		41 IC 9-30-16.
2000	1996		42 (d) The bureau shall, upon receiving a record of conviction of a
2001		-	SB 248—LS 7105/DI 139 47
	1997	+	2023 IN 248—LS 7105/DI 139 47
2002	1998		1 person upon a charge of driving a motor vehicle while the driving
2003	1999		2 privileges, permit, or license, or driving privilege card of the person
2004	2000		3 is suspended, fix the period of suspension in accordance with the order
2005	2001		4 of the court.
2006	2002		5 SECTION 53. IC 9-30-13-9, AS ADDED BY P.L.41-2016,
2007	2003		6 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2008	2004		7 JULY 1, 2023]: Sec. 9. (a) Upon receiving an order issued by a court
2009	2005		8 under IC 9-21-5-11(f) concerning a person who has committed the
2010	2006		9 infraction of violating a worksite speed limit for the second time within
2011	2007		10 one (1) year, the bureau shall do the following:
2012	2008		11 (1) Suspend under subsection (b) the driving privileges of the
2013	2009		12 person who is the subject of the order, whether or not the person's
2014	2010		13 current driver's license or driving privilege card accompanies
2015	2011		14 the order.
2016	2012		15 (2) Mail to the last known address of the person who is the subject
2017	2013		16 of the order a notice:
2018	2014		17 (A) stating that the person's driving privileges are being
2019	2015		18 suspended for a second or subsequent offense of exceeding a
2020	2016		19 worksite speed limit within one (1) year;
2021	2017		20 (B) setting forth the date on which the suspension takes effect
2022	2018		21 and the date on which the suspension terminates; and
2023	2019		22 (C) stating that the person may be granted specialized driving
2024	2020		23 privileges under IC 9-30-16 if the person meets the conditions
2025	2021		24 for obtaining specialized driving privileges.
2026	2022		25 (b) The suspension of the driving privileges of a person who is the
2027	2023		26 subject of an order issued under IC 9-21-5-11(f):
2028	2024		27 (1) begins five (5) business days after the date on which the
2029	2025		28 bureau mails the notice to the person under subsection (a)(2); and
2030	2026		29 (2) terminates sixty (60) days after the suspension begins.
2031	2027		30 (c) A person who operates a motor vehicle during a suspension of
2032	2028		31 the person's driving privileges under this section commits a Class A
2033	2029		32 infraction unless the person's operation of the motor vehicle is
2034	2030		33 authorized by specialized driving privileges granted to the person under
2035	2031		34 IC 9-30-16.
2036	2032		35 (d) The bureau shall, upon receiving a record of conviction of a
2037	2033		36 person upon a charge of driving a motor vehicle while the driving
2038	2034		37 privileges, permit, or license, or driving privilege card of the person
2039	2035		38 is suspended, fix the period of suspension in accordance with the order
2040	2036		39 of the court.
2041	2037		40 SECTION 54. IC 9-30-16-1, AS AMENDED BY P.L.111-2021,
2042	2038		41 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2043	2039		42 JULY 1, 2023]: Sec. 1. (a) Except as provided in subsection (b), the
2044		-	SB 248—LS 7105/DI 139 48
	2040	+	2023 IN 248—LS 7105/DI 139 48
2045	2041		1 following are ineligible for specialized driving privileges under this
2046	2042		2 chapter:
2047	2043		3 (1) A person who has never been an Indiana resident.
2048	2044		4 (2) A person seeking specialized driving privileges with respect
2049	2045		5 to a suspension based on the person's refusal to submit to a
2050	2046		6 chemical test offered under IC 9-30-6 or IC 9-30-7. However, a
2051	2047		7 court may grant this person driving privileges under
2052	2048		8 IC 9-30-6-8(d).
2053	2049		9 (3) A person whose driving privileges have been suspended or
2054	2050		10 revoked under IC 9-24-10-7(b)(2)(A).
2055	2051		11 (4) A person whose driving privileges have been suspended under
2056	2052		12 IC 9-21-8-52(e) or IC 9-21-12-1(b).
2057	2053		13 (b) This chapter applies to the following:
2058	2054		14 (1) A person who held a driver's license (issued under IC 9-24-3),
2059	2055		15 or a commercial driver's license, a public passenger chauffeur's
2060	2056		16 license, or a chauffeur's license, or a driving privilege card at
2061	2057		17 the time of:
2062	2058		18 (A) the criminal conviction for which the operation of a motor
2063	2059		19 vehicle is an element of the offense;
2064	2060		20 (B) any criminal conviction for an offense under IC 9-30-5,
2065	2061		21 IC 35-46-9, or IC 14-15-8 (before its repeal); or
2066	2062		22 (C) committing the infraction of exceeding a worksite speed
2067	2063		23 limit for the second time in one (1) year under IC 9-21-5-11(f).
2068	2064		24 (2) A person: who:
2069	2065		25 (A) who:
2070	2066		26 (i) has never held a valid Indiana driver's license or driving
2071	2067		27 privilege card; or
2072	2068		28 (ii) does not currently hold a valid Indiana learner's permit
2073	2069		29 or driving privilege card; and
2074	2070		30 (B) who was an Indiana resident when the driving privileges
2075	2071		31 for which the person is seeking specialized driving privileges
2076	2072		32 were suspended.
2077	2073		33 (c) Except as specifically provided in this chapter, a court may
2078	2074		34 suspend the driving privileges of a person convicted of any of the
2079	2075		35 following offenses for a period up to the maximum allowable period of
2080	2076		36 incarceration under the penalty for the offense:
2081	2077		37 (1) Any criminal conviction in which the operation of a motor
2082	2078		38 vehicle is an element of the offense.
2083	2079		39 (2) Any criminal conviction for an offense under IC 9-30-5,
2084	2080		40 IC 35-46-9, or IC 14-15-8 (before its repeal).
2085	2081		41 (3) Any offense under IC 35-42-1, IC 35-42-2, or IC 35-44.1-3-1
2086	2082		42 that involves the use of a vehicle.
2087		-	SB 248—LS 7105/DI 139 49
	2083	+	2023 IN 248—LS 7105/DI 139 49
2088	2084		1 (d) Except as provided in section 3.5 of this chapter, a suspension
2089	2085		2 of driving privileges under this chapter may begin before the
2090	2086		3 conviction. Multiple suspensions of driving privileges ordered by a
2091	2087		4 court that are part of the same episode of criminal conduct shall be
2092	2088		5 served concurrently. A court may grant credit time for any suspension
2093	2089		6 that began before the conviction, except as prohibited by section
2094	2090		7 6(a)(2) of this chapter.
2095	2091		8 (e) If a person has had an ignition interlock device installed as a
2096	2092		9 condition of specialized driving privileges or under IC 9-30-6-8(d), the
2097	2093		10 period of the installation shall be credited as part of the suspension of
2098	2094		11 driving privileges.
2099	2095		12 (f) This subsection applies to a person described in subsection
2100	2096		13 (b)(2). A court shall, as a condition of granting specialized driving
2101	2097		14 privileges to the person, require the person to apply for and obtain an
2102	2098		15 Indiana driver's license or driving privilege card.
2103	2099		16 (g) If a person indicates to the court at an initial hearing (as
2104	2100		17 described in IC 35-33-7) that the person intends to file a petition for a
2105	2101		18 specialized driving privileges hearing with that court under section 3
2106	2102		19 or 4 of this chapter, the following apply:
2107	2103		20 (1) The court shall:
2108	2104		21 (A) stay the suspension of the person's driving privileges at the
2109	2105		22 initial hearing and shall not submit the probable cause
2110	2106		23 affidavit related to the person's offense to the bureau; and
2111	2107		24 (B) set the matter for a specialized driving privileges hearing
2112	2108		25 not later than thirty (30) days after the initial hearing.
2113	2109		26 (2) If the person does not file a petition for a specialized driving
2114	2110		27 privileges hearing not later than ten (10) days after the date of the
2115	2111		28 initial hearing, the court shall lift the stay of the suspension of the
2116	2112		29 person's driving privileges and shall submit the probable cause
2117	2113		30 affidavit related to the person's offense to the bureau for
2118	2114		31 automatic suspension.
2119	2115		32 (3) If the person files a petition for a specialized driving privileges
2120	2116		33 hearing not later than ten (10) days after the initial hearing, the
2121	2117		34 stay of the suspension of the person's driving privileges continues
2122	2118		35 until the matter is heard and a determination is made by the court
2123	2119		36 at the specialized driving privileges hearing.
2124	2120		37 (4) If the specialized driving privileges hearing is continued due
2125	2121		38 to:
2126	2122		39 (A) a congestion of the court calendar;
2127	2123		40 (B) the prosecuting attorney's motion for a continuance; or
2128	2124		41 (C) the person's motion for a continuance with no objection by
2129	2125		42 the prosecuting attorney;
2130		-	SB 248—LS 7105/DI 139 50
	2126	+	2023 IN 248—LS 7105/DI 139 50
2131	2127		1 the stay of the suspension of the person's driving privileges
2132	2128		2 continues until addressed at the next hearing.
2133	2129		3 (5) If the person moves for a continuance of the specialized
2134	2130		4 driving privileges hearing and the court grants the continuance
2135	2131		5 over the prosecuting attorney's objection, the court shall lift the
2136	2132		6 stay of the suspension of the person's driving privileges and shall
2137	2133		7 submit the probable cause affidavit related to the person's offense
2138	2134		8 to the bureau for automatic suspension.
2139	2135		9 SECTION 55. IC 9-30-16-3, AS AMENDED BY P.L.29-2020,
2140	2136		10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2141	2137		11 JULY 1, 2023]: Sec. 3. (a) This section does not apply to specialized
2142	2138		12 driving privileges granted in accordance with section 3.5 of this
2143	2139		13 chapter. If a court orders a suspension of driving privileges under this
2144	2140		14 chapter, or imposes a suspension of driving privileges under
2145	2141		15 IC 9-30-6-9(c), the court may stay the suspension and grant a
2146	2142		16 specialized driving privilege as set forth in this section.
2147	2143		17 (b) An individual who seeks specialized driving privileges must file
2148	2144		18 a petition for specialized driving privileges in each court that has
2149	2145		19 ordered or imposed a suspension of the individual's driving privileges.
2150	2146		20 Each petition must:
2151	2147		21 (1) be verified by the petitioner;
2152	2148		22 (2) state the petitioner's age, date of birth, and address;
2153	2149		23 (3) state the grounds for relief and the relief sought;
2154	2150		24 (4) be filed in the court case that resulted in the order of
2155	2151		25 suspension; and
2156	2152		26 (5) be served on the bureau and the prosecuting attorney.
2157	2153		27 A prosecuting attorney shall appear on behalf of the bureau to respond
2158	2154		28 to a petition filed under this subsection.
2159	2155		29 (c) Except as provided in subsection (h), regardless of the
2160	2156		30 underlying offense, specialized driving privileges granted under this
2161	2157		31 section shall be granted for a period of time as determined by the court.
2162	2158		32 A court, at its discretion, may set periodic review hearings to review an
2163	2159		33 individual's specialized driving privileges.
2164	2160		34 (d) The terms of specialized driving privileges must be determined
2165	2161		35 by a court.
2166	2162		36 (e) A stay of a suspension and specialized driving privileges may
2167	2163		37 not be granted to an individual who:
2168	2164		38 (1) has previously been granted specialized driving privileges;
2169	2165		39 and
2170	2166		40 (2) has more than one (1) conviction under section 5 of this
2171	2167		41 chapter.
2172	2168		42 (f) An individual who has been granted specialized driving
2173		-	SB 248—LS 7105/DI 139 51
	2169	+	2023 IN 248—LS 7105/DI 139 51
2174	2170		1 privileges shall:
2175	2171		2 (1) maintain proof of future financial responsibility insurance
2176	2172		3 during the period of specialized driving privileges;
2177	2173		4 (2) carry a copy of the order granting specialized driving
2178	2174		5 privileges or have the order in the vehicle being operated by the
2179	2175		6 individual;
2180	2176		7 (3) produce the copy of the order granting specialized driving
2181	2177		8 privileges upon the request of a police officer; and
2182	2178		9 (4) carry a validly issued state identification card, or driver's
2183	2179		10 license, or driving privilege card.
2184	2180		11 (g) An individual who holds a commercial driver's license and has
2185	2181		12 been granted specialized driving privileges under this chapter may not,
2186	2182		13 for the duration of the suspension for which the specialized driving
2187	2183		14 privileges are sought, operate any vehicle that requires the individual
2188	2184		15 to hold a commercial driver's license to operate the vehicle.
2189	2185		16 (h) Whenever a suspension of an individual's driving privileges
2190	2186		17 under this chapter is terminated because:
2191	2187		18 (1) the underlying conviction, judgment, or finding that forms the
2192	2188		19 basis of the suspension is reversed, vacated, or dismissed; or
2193	2189		20 (2) the individual is acquitted of, found not liable for, or otherwise
2194	2190		21 found not to have committed the underlying act or offense that
2195	2191		22 forms the basis of the suspension;
2196	2192		23 the individual's specialized driving privileges expire at the time the
2197	2193		24 suspension of the individual's driving privileges is terminated.
2198	2194		25 (i) The court shall inform the bureau of a termination of a
2199	2195		26 suspension and expiration of specialized driving privileges as described
2200	2196		27 under subsection (h) in a format designated by the bureau.
2201	2197		28 SECTION 56. IC 9-30-16-3.5, AS AMENDED BY P.L.29-2020,
2202	2198		29 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2203	2199		30 JULY 1, 2023]: Sec. 3.5. (a) If a court imposes a suspension of driving
2204	2200		31 privileges under IC 9-21-5-11(f), the court may stay the suspension and
2205	2201		32 grant a specialized driving privilege as set forth in this section.
2206	2202		33 (b) Except as provided in subsection (g), specialized driving
2207	2203		34 privileges granted under this section shall be granted for a period of
2208	2204		35 time as determined by the court. A court, at its discretion, may set
2209	2205		36 periodic review hearings to review an individual's specialized driving
2210	2206		37 privileges.
2211	2207		38 (c) Specialized driving privileges granted under this section:
2212	2208		39 (1) must be determined by a court; and
2213	2209		40 (2) are limited to restricting the individual to being allowed to
2214	2210		41 operate a motor vehicle between the place of employment of the
2215	2211		42 individual and the individual's residence.
2216		-	SB 248—LS 7105/DI 139 52
	2212	+	2023 IN 248—LS 7105/DI 139 52
2217	2213		1 (d) An individual who has been granted specialized driving
2218	2214		2 privileges under this section shall:
2219	2215		3 (1) maintain proof of future financial responsibility insurance
2220	2216		4 during the period of specialized driving privileges;
2221	2217		5 (2) carry a copy of the order granting specialized driving
2222	2218		6 privileges or have the order in the vehicle being operated by the
2223	2219		7 individual;
2224	2220		8 (3) produce the copy of the order granting specialized driving
2225	2221		9 privileges upon the request of a police officer; and
2226	2222		10 (4) carry a validly issued driver's license or driving privilege
2227	2223		11 card.
2228	2224		12 (e) An individual who holds a commercial driver's license and has
2229	2225		13 been granted specialized driving privileges under this chapter may not,
2230	2226		14 for the duration of the suspension for which the specialized driving
2231	2227		15 privileges are sought, operate a motor vehicle that requires the
2232	2228		16 individual to hold a commercial driver's license to operate the motor
2233	2229		17 vehicle.
2234	2230		18 (f) An individual who seeks specialized driving privileges must file
2235	2231		19 a petition for specialized driving privileges in each court that has
2236	2232		20 ordered or imposed a suspension of the individual's driving privileges.
2237	2233		21 Each petition must:
2238	2234		22 (1) be verified by the petitioner;
2239	2235		23 (2) state the petitioner's age, date of birth, and address;
2240	2236		24 (3) state the grounds for relief and the relief sought;
2241	2237		25 (4) be filed in the court that ordered or imposed the suspension;
2242	2238		26 and
2243	2239		27 (5) be served on the bureau and the prosecuting attorney.
2244	2240		28 A prosecuting attorney shall appear on behalf of the bureau to respond
2245	2241		29 to a petition filed under this subsection.
2246	2242		30 (g) Whenever a suspension of an individual's driving privileges
2247	2243		31 under this chapter is terminated because:
2248	2244		32 (1) the underlying conviction, judgment, or finding that forms the
2249	2245		33 basis of the suspension is reversed, vacated, or dismissed; or
2250	2246		34 (2) the individual is acquitted of, found not liable for, or otherwise
2251	2247		35 found not to have committed the underlying act or offense that
2252	2248		36 forms the basis of the suspension;
2253	2249		37 the individual's specialized driving privileges expire at the time the
2254	2250		38 suspension of the individual's driving privileges is terminated.
2255	2251		39 (h) The court shall inform the bureau of a termination of a
2256	2252		40 suspension of driving privileges and expiration of specialized driving
2257	2253		41 privileges as described under subsection (g) in a format designated by
2258	2254		42 the bureau.
2259		-	SB 248—LS 7105/DI 139 53
	2255	+	2023 IN 248—LS 7105/DI 139 53
2260	2256		1 SECTION 57. IC 9-30-16-5, AS AMENDED BY P.L.10-2019,
2261	2257		2 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2262	2258		3 JULY 1, 2023]: Sec. 5. (a) A person who knowingly or intentionally
2263	2259		4 violates a condition imposed by a court under section 3, 3.5, or 4 of this
2264	2260		5 chapter, or imposed under IC 9-30-10-14.2, commits a Class C
2265	2261		6 misdemeanor. The prosecuting attorney may notify the court that issued
2266	2262		7 the specialized driving privileges order of the alleged violation. If the
2267	2263		8 specialized driving privileges order is from a different county, the
2268	2264		9 prosecuting attorney may also notify the prosecuting attorney in that
2269	2265		10 county of the violation.
2270	2266		11 (b) For a person convicted of an offense under subsection (a), the
2271	2267		12 court that issued the specialized driving privileges order that was
2272	2268		13 violated may modify or revoke specialized driving privileges. The court
2273	2269		14 that issued the specialized driving privileges order that was violated
2274	2270		15 may order the bureau to lift the stay of a suspension of driving
2275	2271		16 privileges and suspend the person's driving driver's license or driving
2276	2272		17 privilege card as originally ordered in addition to any additional
2277	2273		18 suspension.
2278	2274		19 SECTION 58. IC 9-30-16-6, AS AMENDED BY P.L.110-2020,
2279	2275		20 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2280	2276		21 JULY 1, 2023]: Sec. 6. (a) A person whose driving privileges are
2281	2277		22 suspended under section 1(c) of this chapter:
2282	2278		23 (1) is entitled to credit for any days during which the license or
2283	2279		24 driving privilege card was suspended under IC 9-30-6-9(c); and
2284	2280		25 (2) may not receive any credit for days during which the person's
2285	2281		26 driving privileges were suspended under IC 9-30-6-9(b).
2286	2282		27 (b) A period of suspension of driving privileges imposed under
2287	2283		28 section 1(c) of this chapter must be consecutive to any period of
2288	2284		29 suspension imposed under IC 9-30-6-9(b). However, if the state and
2289	2285		30 defendant agree pursuant to a term in an accepted plea agreement, or
2290	2286		31 if the court finds at sentencing that it is in the best interest of society,
2291	2287		32 the court shall terminate all or any part of the remaining suspension
2292	2288		33 under IC 9-30-6-9(b) and shall enter this finding in its sentencing
2293	2289		34 order.
2294	2290		35 (c) The bureau shall designate a period of suspension of driving
2295	2291		36 privileges imposed under section 1(c) of this chapter as consecutive to
2296	2292		37 any period of suspension imposed under IC 9-30-6-9(b) unless the
2297	2293		38 sentencing order of the court under subsection (b) terminates all or part
2298	2294		39 of the remaining suspension under IC 9-30-6-9(b).
2299	2295		40 SECTION 59. IC 9-30-16-6.5, AS ADDED BY P.L.110-2020,
2300	2296		41 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2301	2297		42 JULY 1, 2023]: Sec. 6.5. A court and the bureau, if applicable, shall
2302		-	SB 248—LS 7105/DI 139 54
	2298	+	2023 IN 248—LS 7105/DI 139 54
2303	2299		1 terminate all or any part of the remaining suspension of a person's
2304	2300		2 license or driving privilege card suspension under section 1(c) of this
2305	2301		3 chapter or under IC 9-30-6-9 if:
2306	2302		4 (1) the charges against the person are dismissed;
2307	2303		5 (2) the person is acquitted; or
2308	2304		6 (3) the person's conviction is vacated or reversed on appeal.
2309	2305		7 SECTION 60. IC 9-30-16-7, AS ADDED BY P.L.198-2016,
2310	2306		8 SECTION 611, IS AMENDED TO READ AS FOLLOWS
2311	2307		9 [EFFECTIVE JULY 1, 2023]: Sec. 7. If the bureau issues a driver's
2312	2308		10 license or driving privilege card to an individual who has been issued
2313	2309		11 specialized driving privileges, the individual shall pay a specialized
2314	2310		12 driving privileges charge of ten dollars ($10). The charge is in addition
2315	2311		13 to any applicable fees under IC 9-24 and shall be deposited in the
2316	2312		14 commission fund.
2317	2313		15 SECTION 61. IC 9-33-4-2, AS AMENDED BY P.L.86-2021,
2318	2314		16 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2319	2315		17 JULY 1, 2023]: Sec. 2. This chapter applies to the following:
2320	2316		18 (1) An unpaid judgment for an infraction described in this title
2321	2317		19 that relates to the operation of a motor vehicle, if the infraction
2322	2318		20 was committed before January 1, 2020.
2323	2319		21 (2) A driving privileges reinstatement fee (as described in
2324	2320		22 IC 9-25-6-15), which a person with a suspended driver's license
2325	2321		23 or driving privilege card is or would be required to pay to
2326	2322		24 reinstate the person's driver's license or driving privilege card if
2327	2323		25 the person's driver's license was suspended before January 1,
2328	2324		26 2020.
2329	2325		27 (3) Any court costs, administrative fees, late fees, or other fees
2330	2326		28 imposed on a person in connection with an unpaid judgment or
2331	2327		29 fee described in subdivision (1) or (2).
2332	2328		30 SECTION 62. IC 20-33-2-11, AS AMENDED BY P.L.111-2021,
2333	2329		31 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2334	2330		32 JULY 1, 2023]: Sec. 11. (a) Notwithstanding IC 9-24 concerning the
2335	2331		33 minimum requirements for qualifying for the issuance of a driver's
2336	2332		34 license, or a learner's permit, or a driving privilege card, and subject
2337	2333		35 to subsections (c) through (e), an individual who is:
2338	2334		36 (1) at least fifteen (15) years of age and less than eighteen (18)
2339	2335		37 years of age;
2340	2336		38 (2) a habitual truant under the definition of habitual truant
2341	2337		39 established under subsection (b); and
2342	2338		40 (3) identified in the information submitted to the bureau of motor
2343	2339		41 vehicles under subsection (f);
2344	2340		42 may not be issued a driver's license, or a learner's permit, or a driving
2345		-	SB 248—LS 7105/DI 139 55
	2341	+	2023 IN 248—LS 7105/DI 139 55
2346	2342		1 privilege card to drive a motor vehicle under IC 9-24 until the
2347	2343		2 individual is at least eighteen (18) years of age.
2348	2344		3 (b) Each governing body may establish and include as part of the
2349	2345		4 written copy of its discipline rules described in IC 20-33-8-12:
2350	2346		5 (1) a definition of a child who is designated as a habitual truant,
2351	2347		6 which must, at a minimum, define the term as a student who is
2352	2348		7 chronically absent, by having unexcused absences from school for
2353	2349		8 more than ten (10) days of school in one (1) school year; and
2354	2350		9 (2) all other pertinent matters related to this action.
2355	2351		10 (c) An individual described in subsection (a) is entitled to the
2356	2352		11 procedure described in IC 20-33-8-19.
2357	2353		12 (d) An individual described in subsection (a) who is at least thirteen
2358	2354		13 (13) years of age and less than eighteen (18) years of age is entitled to
2359	2355		14 a periodic review of the individual's attendance record in school to
2360	2356		15 determine whether the prohibition described in subsection (a) shall
2361	2357		16 continue. The periodic reviews may not be conducted less than one (1)
2362	2358		17 time each school year.
2363	2359		18 (e) Upon review, the governing body may determine that the
2364	2360		19 individual's attendance record has improved to the degree that the
2365	2361		20 individual may become eligible to be issued a driver's license, or a
2366	2362		21 learner's permit, or a driving privilege card.
2367	2363		22 (f) The governing body of the school corporation may submit to the
2368	2364		23 bureau of motor vehicles the pertinent information concerning an
2369	2365		24 individual's ineligibility under subsection (a) to be issued a driver's
2370	2366		25 license, or a learner's permit, or a driving privilege card.
2371	2367		26 (g) The department shall develop guidelines concerning criteria
2372	2368		27 used in defining a habitual truant that may be considered by a
2373	2369		28 governing body in complying with subsection (b).
2374	2370		29 SECTION 63. IC 20-33-2-28.5, AS AMENDED BY P.L.147-2020,
2375	2371		30 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2376	2372		31 JULY 1, 2023]: Sec. 28.5. (a) This section applies to an individual:
2377	2373		32 (1) who:
2378	2374		33 (A) attends or last attended a public school;
2379	2375		34 (B) is at least sixteen (16) years of age but less than eighteen
2380	2376		35 (18) years of age; and
2381	2377		36 (C) has not completed the requirements for graduation;
2382	2378		37 (2) who:
2383	2379		38 (A) wishes to withdraw from school before graduation;
2384	2380		39 (B) fails to return at the beginning of a semester; or
2385	2381		40 (C) stops attending school during a semester; and
2386	2382		41 (3) who has no record of transfer to another school.
2387	2383		42 (b) An individual to whom this section applies may withdraw from
2388		-	SB 248—LS 7105/DI 139 56
	2384	+	2023 IN 248—LS 7105/DI 139 56
2389	2385		1 school only if all of the following conditions are met:
2390	2386		2 (1) An exit interview is conducted.
2391	2387		3 (2) The individual's parent consents to the withdrawal.
2392	2388		4 (3) The school principal approves of the withdrawal.
2393	2389		5 (4) The withdrawal is due to:
2394	2390		6 (A) financial hardship and the individual must be employed to
2395	2391		7 support the individual's family or a dependent;
2396	2392		8 (B) illness; or
2397	2393		9 (C) an order by a court that has jurisdiction over the child.
2398	2394		10 During the exit interview, the school principal shall provide to the
2399	2395		11 student and the student's parent a copy of statistics compiled by the
2400	2396		12 department concerning the likely consequences of life without a high
2401	2397		13 school diploma. The school principal shall advise the student and the
2402	2398		14 student's parent that the student's withdrawal from school may prevent
2403	2399		15 the student from receiving or result in the revocation of the student's
2404	2400		16 employment certificate and driver's license, or learner's permit, or
2405	2401		17 driving privilege card.
2406	2402		18 (c) For purposes of this section, the following must be in written
2407	2403		19 form:
2408	2404		20 (1) An individual's request to withdraw from school.
2409	2405		21 (2) A parent's consent to a withdrawal.
2410	2406		22 (3) A principal's consent to a withdrawal.
2411	2407		23 (d) If the individual's principal does not consent to the individual's
2412	2408		24 withdrawal under this section, the individual's parent may appeal the
2413	2409		25 denial of consent to the governing body of the public school that the
2414	2410		26 individual last attended.
2415	2411		27 (e) Each public school, including each school corporation and each
2416	2412		28 charter school (as defined in IC 20-24-1-4), shall provide an annual
2417	2413		29 report to the department setting forth the following information:
2418	2414		30 (1) The total number of individuals:
2419	2415		31 (A) who withdrew from school under this section; and
2420	2416		32 (B) who either:
2421	2417		33 (i) failed to return to school at the beginning of a semester;
2422	2418		34 or
2423	2419		35 (ii) stopped attending school during a semester;
2424	2420		36 and for whom there is no record of transfer to another school.
2425	2421		37 (2) The number of individuals who withdrew from school
2426	2422		38 following an exit interview.
2427	2423		39 (f) If an individual to which this section applies:
2428	2424		40 (1) has not received consent to withdraw from school under this
2429	2425		41 section; and
2430	2426		42 (2) fails to return to school at the beginning of a semester or
2431		-	SB 248—LS 7105/DI 139 57
	2427	+	2023 IN 248—LS 7105/DI 139 57
2432	2428		1 during the semester;
2433	2429		2 the principal of the school that the individual last attended may deliver
2434	2430		3 by certified mail or personal delivery to the bureau of youth
2435	2431		4 employment a record of the individual's failure to return to school so
2436	2432		5 that the bureau of youth employment revokes any employment
2437	2433		6 certificates issued under IC 22-2-18 (before its expiration on June 30,
2438	2434		7 2021) to the individual and does not issue any additional employment
2439	2435		8 certificates to the individual. For purposes of IC 22-2-18-20 (before its
2440	2436		9 expiration on June 30, 2021), the individual shall be considered a
2441	2437		10 dropout.
2442	2438		11 (g) At the same time that a school principal delivers the record
2443	2439		12 under subsection (f), the principal may deliver by certified mail or
2444	2440		13 personal delivery to the bureau of motor vehicles a record of the
2445	2441		14 individual's failure to return to school so that the bureau of motor
2446	2442		15 vehicles revokes any driver's license, or learner's permit, or driving
2447	2443		16 privilege card issued to the individual and does not issue any
2448	2444		17 additional driver's licenses, or learner's permits, or driving privilege
2449	2445		18 cards to the individual before the individual is at least eighteen (18)
2450	2446		19 years of age. For purposes of IC 9-24-2-1, the individual shall be
2451	2447		20 considered a dropout.
2452	2448		21 (h) If:
2453	2449		22 (1) a principal has delivered the record required under subsection
2454	2450		23 (f) or (g), or both; and
2455	2451		24 (2) the school subsequently gives consent to the individual to
2456	2452		25 withdraw from school under this section;
2457	2453		26 the principal of the school shall send a notice of withdrawal to the
2458	2454		27 bureau of youth employment and the bureau of motor vehicles by
2459	2455		28 certified mail or personal delivery and, for purposes of IC 22-2-18-20
2460	2456		29 (before its expiration on June 30, 2021) and IC 9-24-2-1, the individual
2461	2457		30 shall no longer be considered a dropout.
2462	2458		31 SECTION 64. IC 20-33-8-33, AS AMENDED BY P.L.233-2015,
2463	2459		32 SECTION 264, IS AMENDED TO READ AS FOLLOWS
2464	2460		33 [EFFECTIVE JULY 1, 2023]: Sec. 33. Before February 1 and before
2465	2461		34 October 1 of each year, except when a hearing has been requested to
2466	2462		35 determine financial hardship under IC 9-24-2-1(a)(4), a principal may
2467	2463		36 submit to the bureau of motor vehicles the pertinent information
2468	2464		37 concerning an individual's ineligibility under IC 9-24-2-1 to be issued
2469	2465		38 a driver's license, or learner's permit, or driving privilege card or
2470	2466		39 concerning the suspension of driving privileges under IC 9-24-2-4.
2471	2467		40 SECTION 65. IC 31-37-19-13, AS AMENDED BY P.L.111-2021,
2472	2468		41 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2473	2469		42 JULY 1, 2023]: Sec. 13. (a) This section applies if a child is a
2474		-	SB 248—LS 7105/DI 139 58
	2470	+	2023 IN 248—LS 7105/DI 139 58
2475	2471		1 delinquent child under IC 31-37-1 due to the commission of a
2476	2472		2 delinquent act that, if committed by an adult, would be:
2477	2473		3 (1) dealing in:
2478	2474		4 (A) a controlled substance (as defined in IC 35-48-1-9); or
2479	2475		5 (B) a counterfeit substance (as defined in IC 35-48-1-10);
2480	2476		6 (2) possessing:
2481	2477		7 (A) a controlled substance (as defined in IC 35-48-1-9); or
2482	2478		8 (B) a prescription drug (as defined in IC 35-48-1-25);
2483	2479		9 for which the child does not have a prescription; or
2484	2480		10 (3) conspiring to commit an act described in subdivision (1) or
2485	2481		11 (2).
2486	2482		12 (b) The juvenile court shall, in addition to any other order or decree
2487	2483		13 the court makes under this chapter, order the bureau of motor vehicles
2488	2484		14 to invalidate the child's driver's license or permit for a period specified
2489	2485		15 by the court of at least six (6) months but not more than one (1) year
2490	2486		16 from the time the child would otherwise be eligible for a learner's
2491	2487		17 permit or driving privilege card.
2492	2488		18 SECTION 66. IC 31-37-19-14, AS AMENDED BY P.L.111-2021,
2493	2489		19 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2494	2490		20 JULY 1, 2023]: Sec. 14. (a) This section applies if:
2495	2491		21 (1) a child has been previously determined to be a delinquent
2496	2492		22 child under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal)
2497	2493		23 due to the commission of a delinquent act described in section
2498	2494		24 13(a)(1), 13(a)(2), or 13(a)(3) of this chapter (or
2499	2495		25 IC 31-6-4-15.9(d)(1), IC 31-6-4-15.9(d)(2), or
2500	2496		26 IC 31-6-4-15.9(d)(3) before its repeal); or
2501	2497		27 (2) the delinquent act described in section 13(a)(1), 13(a)(2), or
2502	2498		28 13(a)(3) of this chapter (or IC 31-6-4-15.9(d)(1),
2503	2499		29 IC 31-6-4-15.9(d)(2), or IC 31-6-4-15.9(d)(3) before its repeal)
2504	2500		30 was committed:
2505	2501		31 (A) on school property;
2506	2502		32 (B) within one thousand (1,000) feet of school property; or
2507	2503		33 (C) on a school bus.
2508	2504		34 (b) The juvenile court shall, in addition to any other order or decree
2509	2505		35 the court makes under this chapter, order the bureau of motor vehicles
2510	2506		36 to invalidate the child's driver's license or driving privilege card for
2511	2507		37 a period specified by the court of at least six (6) months but not more
2512	2508		38 than two (2) years from the time the child would otherwise be eligible
2513	2509		39 for a learner's permit or driving privilege card.
2514	2510		40 SECTION 67. IC 31-37-19-15 IS AMENDED TO READ AS
2515	2511		41 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 15. (a) This section
2516	2512		42 applies if a child is a delinquent child under IC 31-37-1 due to the
2517		-	SB 248—LS 7105/DI 139 59
	2513	+	2023 IN 248—LS 7105/DI 139 59
2518	2514		1 commission of a delinquent act that, if committed by an adult, would
2519	2515		2 be:
2520	2516		3 (1) dealing in:
2521	2517		4 (A) a controlled substance (as defined in IC 35-48-1-9); or
2522	2518		5 (B) a counterfeit substance (as defined in IC 35-48-1-10);
2523	2519		6 (2) possessing:
2524	2520		7 (A) a controlled substance (as defined in IC 35-48-1-9); or
2525	2521		8 (B) a prescription drug (as defined in IC 35-48-1-25);
2526	2522		9 for which the child does not have a prescription; or
2527	2523		10 (3) conspiring to commit an act described in subdivision (1) or
2528	2524		11 (2).
2529	2525		12 (b) The juvenile court shall, in addition to any other order or decree
2530	2526		13 the court makes under this chapter, order the bureau of motor vehicles
2531	2527		14 not to issue the child a learner's permit or driving privilege card for
2532	2528		15 a period specified by the court of at least six (6) months but not more
2533	2529		16 than one (1) year from the time the child would otherwise be eligible
2534	2530		17 for a learner's permit or driving privilege card.
2535	2531		18 SECTION 68. IC 31-37-19-16 IS AMENDED TO READ AS
2536	2532		19 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 16. (a) This section
2537	2533		20 applies if:
2538	2534		21 (1) a child has been previously determined to be a delinquent
2539	2535		22 child under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal)
2540	2536		23 due to the commission of a delinquent act described in section
2541	2537		24 15(a)(1), 15(a)(2), or 15(a)(3) of this chapter (or
2542	2538		25 IC 31-6-4-15.9(e)(1), IC 31-6-4-15.9(e)(2), or
2543	2539		26 IC 31-6-4-15.9(e)(3) before its repeal); or
2544	2540		27 (2) the delinquent act described in section 15(a)(1), 15(a)(2), or
2545	2541		28 15(a)(3) of this chapter (or IC 31-6-4-15.9(e)(1),
2546	2542		29 IC 31-6-4-15.9(e)(2), or IC 31-6-4-15.9(e)(3) before its repeal)
2547	2543		30 was committed:
2548	2544		31 (A) on school property;
2549	2545		32 (B) within one thousand (1,000) feet of school property; or
2550	2546		33 (C) on a school bus.
2551	2547		34 (b) The juvenile court shall, in addition to any other order or decree
2552	2548		35 the court makes under this chapter, order the bureau of motor vehicles
2553	2549		36 not to issue the child a learner's permit or driving privilege card for
2554	2550		37 a period specified by the court of at least six (6) months but not more
2555	2551		38 than two (2) years from the time the child would otherwise be eligible
2556	2552		39 for a learner's permit or driving privilege card.
2557	2553		40 SECTION 69. IC 31-37-19-17, AS AMENDED BY P.L.111-2021,
2558	2554		41 SECTION 100, IS AMENDED TO READ AS FOLLOWS
2559	2555		42 [EFFECTIVE JULY 1, 2023]: Sec. 17. (a) This section applies if a
2560		-	SB 248—LS 7105/DI 139 60
	2556	+	2023 IN 248—LS 7105/DI 139 60
2561	2557		1 child is a delinquent child under IC 31-37-1 due to the commission of
2562	2558		2 a delinquent act that, if committed by an adult, would be criminal
2563	2559		3 mischief or institutional criminal mischief under IC 35-43-1-2 that
2564	2560		4 involves the use of graffiti.
2565	2561		5 (b) The juvenile court may, in addition to any other order or decree
2566	2562		6 the court makes under this chapter, order the bureau of motor vehicles
2567	2563		7 to:
2568	2564		8 (1) suspend the child's driver's license or driving privilege card;
2569	2565		9 or
2570	2566		10 (2) invalidate the child's learner's permit or driving privilege
2571	2567		11 card;
2572	2568		12 for one (1) year beginning the date of the order.
2573	2569		13 SECTION 70. IC 34-24-1-1, AS AMENDED BY P.L.174-2021,
2574	2570		14 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2575	2571		15 JULY 1, 2023]: Sec. 1. (a) The following may be seized:
2576	2572		16 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
2577	2573		17 or are intended for use by the person or persons in possession of
2578	2574		18 them to transport or in any manner to facilitate the transportation
2579	2575		19 of the following:
2580	2576		20 (A) A controlled substance for the purpose of committing,
2581	2577		21 attempting to commit, or conspiring to commit any of the
2582	2578		22 following:
2583	2579		23 (i) Dealing in or manufacturing cocaine or a narcotic drug
2584	2580		24 (IC 35-48-4-1).
2585	2581		25 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
2586	2582		26 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
2587	2583		27 (iv) Dealing in a schedule I, II, or III controlled substance
2588	2584		28 (IC 35-48-4-2).
2589	2585		29 (v) Dealing in a schedule IV controlled substance (IC
2590	2586		30 35-48-4-3).
2591	2587		31 (vi) Dealing in a schedule V controlled substance (IC
2592	2588		32 35-48-4-4).
2593	2589		33 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
2594	2590		34 (viii) Possession of cocaine or a narcotic drug (IC
2595	2591		35 35-48-4-6).
2596	2592		36 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
2597	2593		37 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
2598	2594		38 (xi) Dealing in marijuana, hash oil, hashish, or salvia (IC
2599	2595		39 35-48-4-10).
2600	2596		40 (xii) An offense under IC 35-48-4 involving a synthetic drug
2601	2597		41 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
2602	2598		42 substance (as defined in IC 35-31.5-2-321.5 (before its
2603		-	SB 248—LS 7105/DI 139 61
	2599	+	2023 IN 248—LS 7105/DI 139 61
2604	2600		1 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
2605	2601		2 repeal on July 1, 2019), a controlled substance analog (as
2606	2602		3 defined in IC 35-48-1-9.3), or a substance represented to be
2607	2603		4 a controlled substance (as described in IC 35-48-4-4.6).
2608	2604		5 (B) Any stolen (IC 35-43-4-2) or converted property (IC
2609	2605		6 35-43-4-3) if the retail or repurchase value of that property is
2610	2606		7 one hundred dollars ($100) or more.
2611	2607		8 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
2612	2608		9 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
2613	2609		10 mass destruction (as defined in IC 35-31.5-2-354) used to
2614	2610		11 commit, used in an attempt to commit, or used in a conspiracy
2615	2611		12 to commit a felony terrorist offense (as defined in
2616	2612		13 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
2617	2613		14 furtherance of an act of terrorism (as defined by
2618	2614		15 IC 35-31.5-2-329).
2619	2615		16 (2) All money, negotiable instruments, securities, weapons,
2620	2616		17 communications devices, or any property used to commit, used in
2621	2617		18 an attempt to commit, or used in a conspiracy to commit a felony
2622	2618		19 terrorist offense (as defined in IC 35-50-2-18) or an offense under
2623	2619		20 IC 35-47 as part of or in furtherance of an act of terrorism or
2624	2620		21 commonly used as consideration for a violation of IC 35-48-4
2625	2621		22 (other than items subject to forfeiture under IC 16-42-20-5 or
2626	2622		23 IC 16-6-8.5-5.1, before its repeal):
2627	2623		24 (A) furnished or intended to be furnished by any person in
2628	2624		25 exchange for an act that is in violation of a criminal statute;
2629	2625		26 (B) used to facilitate any violation of a criminal statute; or
2630	2626		27 (C) traceable as proceeds of the violation of a criminal statute.
2631	2627		28 (3) Any portion of real or personal property purchased with
2632	2628		29 money that is traceable as a proceed of a violation of a criminal
2633	2629		30 statute.
2634	2630		31 (4) A vehicle that is used by a person to:
2635	2631		32 (A) commit, attempt to commit, or conspire to commit;
2636	2632		33 (B) facilitate the commission of; or
2637	2633		34 (C) escape from the commission of;
2638	2634		35 murder (IC 35-42-1-1), dealing in a controlled substance resulting
2639	2635		36 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
2640	2636		37 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
2641	2637		38 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
2642	2638		39 under IC 35-47 as part of or in furtherance of an act of terrorism.
2643	2639		40 (5) Real property owned by a person who uses it to commit any of
2644	2640		41 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
2645	2641		42 felony:
2646		-	SB 248—LS 7105/DI 139 62
	2642	+	2023 IN 248—LS 7105/DI 139 62
2647	2643		1 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
2648	2644		2 35-48-4-1).
2649	2645		3 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
2650	2646		4 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
2651	2647		5 (D) Dealing in a schedule I, II, or III controlled substance (IC
2652	2648		6 35-48-4-2).
2653	2649		7 (E) Dealing in a schedule IV controlled substance (IC
2654	2650		8 35-48-4-3).
2655	2651		9 (F) Dealing in marijuana, hash oil, hashish, or salvia (IC
2656	2652		10 35-48-4-10).
2657	2653		11 (G) Dealing in a synthetic drug (as defined in
2658	2654		12 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
2659	2655		13 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
2660	2656		14 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
2661	2657		15 2019).
2662	2658		16 (H) Dealing in a controlled substance resulting in death (IC
2663	2659		17 35-42-1-1.5).
2664	2660		18 (6) Equipment and recordings used by a person to commit fraud
2665	2661		19 under IC 35-43-5.
2666	2662		20 (7) Recordings sold, rented, transported, or possessed by a person
2667	2663		21 in violation of IC 24-4-10.
2668	2664		22 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
2669	2665		23 defined by IC 35-45-6-1) that is the object of a corrupt business
2670	2666		24 influence violation (IC 35-45-6-2).
2671	2667		25 (9) Unlawful telecommunications devices (as defined in
2672	2668		26 IC 35-45-13-6) and plans, instructions, or publications used to
2673	2669		27 commit an offense under IC 35-45-13.
2674	2670		28 (10) Any equipment, including computer equipment and cellular
2675	2671		29 telephones, used for or intended for use in preparing,
2676	2672		30 photographing, recording, videotaping, digitizing, printing,
2677	2673		31 copying, or disseminating matter in violation of IC 35-42-4.
2678	2674		32 (11) Destructive devices used, possessed, transported, or sold in
2679	2675		33 violation of IC 35-47.5.
2680	2676		34 (12) Tobacco products that are sold in violation of IC 24-3-5,
2681	2677		35 tobacco products that a person attempts to sell in violation of
2682	2678		36 IC 24-3-5, and other personal property owned and used by a
2683	2679		37 person to facilitate a violation of IC 24-3-5.
2684	2680		38 (13) Property used by a person to commit counterfeiting or
2685	2681		39 forgery in violation of IC 35-43-5-2.
2686	2682		40 (14) After December 31, 2005, if a person is convicted of an
2687	2683		41 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
2688	2684		42 following real or personal property:
2689		-	SB 248—LS 7105/DI 139 63
	2685	+	2023 IN 248—LS 7105/DI 139 63
2690	2686		1 (A) Property used or intended to be used to commit, facilitate,
2691	2687		2 or promote the commission of the offense.
2692	2688		3 (B) Property constituting, derived from, or traceable to the
2693	2689		4 gross proceeds that the person obtained directly or indirectly
2694	2690		5 as a result of the offense.
2695	2691		6 (15) Except as provided in subsection (e), a vehicle used by a
2696	2692		7 person who operates the vehicle:
2697	2693		8 (A) while intoxicated, in violation of IC 9-30-5-1 through
2698	2694		9 IC 9-30-5-5, if in the previous five (5) years the person has two
2699	2695		10 (2) or more prior unrelated convictions for operating a motor
2700	2696		11 vehicle while intoxicated in violation of IC 9-30-5-1 through
2701	2697		12 IC 9-30-5-5; or
2702	2698		13 (B) on a highway while the person's driving privileges are
2703	2699		14 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
2704	2700		15 if in the previous five (5) years the person has two (2) or more
2705	2701		16 prior unrelated convictions for operating a vehicle while
2706	2702		17 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
2707	2703		18 If a court orders the seizure of a vehicle under this subdivision,
2708	2704		19 the court shall transmit an order to the bureau of motor vehicles
2709	2705		20 recommending that the bureau not permit a vehicle to be
2710	2706		21 registered in the name of the person whose vehicle was seized
2711	2707		22 until the person possesses a current driving driver's license (as
2712	2708		23 defined in IC 9-13-2-41) or driving privilege card (as described
2713	2709		24 in IC 9-13-2-48.1).
2714	2710		25 (16) The following real or personal property:
2715	2711		26 (A) Property used or intended to be used to commit, facilitate,
2716	2712		27 or promote the commission of an offense specified in
2717	2713		28 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
2718	2714		29 IC 30-2-13-38(f).
2719	2715		30 (B) Property constituting, derived from, or traceable to the
2720	2716		31 gross proceeds that a person obtains directly or indirectly as a
2721	2717		32 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
2722	2718		33 IC 30-2-10-9(b), or IC 30-2-13-38(f).
2723	2719		34 (17) Real or personal property, including a vehicle, that is used by
2724	2720		35 a person to:
2725	2721		36 (A) commit, attempt to commit, or conspire to commit;
2726	2722		37 (B) facilitate the commission of; or
2727	2723		38 (C) escape from the commission of;
2728	2724		39 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
2729	2725		40 trafficking) or IC 35-45-4-4 (promoting prostitution).
2730	2726		41 (b) A vehicle used by any person as a common or contract carrier in
2731	2727		42 the transaction of business as a common or contract carrier is not
2732		-	SB 248—LS 7105/DI 139 64
	2728	+	2023 IN 248—LS 7105/DI 139 64
2733	2729		1 subject to seizure under this section, unless it can be proven by a
2734	2730		2 preponderance of the evidence that the owner of the vehicle knowingly
2735	2731		3 permitted the vehicle to be used to engage in conduct that subjects it to
2736	2732		4 seizure under subsection (a).
2737	2733		5 (c) Equipment under subsection (a)(10) may not be seized unless it
2738	2734		6 can be proven by a preponderance of the evidence that the owner of the
2739	2735		7 equipment knowingly permitted the equipment to be used to engage in
2740	2736		8 conduct that subjects it to seizure under subsection (a)(10).
2741	2737		9 (d) Money, negotiable instruments, securities, weapons,
2742	2738		10 communications devices, or any property commonly used as
2743	2739		11 consideration for a violation of IC 35-48-4 found near or on a person
2744	2740		12 who is committing, attempting to commit, or conspiring to commit any
2745	2741		13 of the following offenses shall be admitted into evidence in an action
2746	2742		14 under this chapter as prima facie evidence that the money, negotiable
2747	2743		15 instrument, security, or other thing of value is property that has been
2748	2744		16 used or was to have been used to facilitate the violation of a criminal
2749	2745		17 statute or is the proceeds of the violation of a criminal statute:
2750	2746		18 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
2751	2747		19 death).
2752	2748		20 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
2753	2749		21 narcotic drug).
2754	2750		22 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
2755	2751		23 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
2756	2752		24 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
2757	2753		25 substance).
2758	2754		26 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
2759	2755		27 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
2760	2756		28 as a Level 4 felony.
2761	2757		29 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
2762	2758		30 Level 3, Level 4, or Level 5 felony.
2763	2759		31 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
2764	2760		32 3, Level 4, or Level 5 felony.
2765	2761		33 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
2766	2762		34 salvia) as a Level 5 felony.
2767	2763		35 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
2768	2764		36 in a synthetic drug or synthetic drug lookalike substance) as a
2769	2765		37 Level 5 felony or Level 6 felony (or as a Class C felony or Class
2770	2766		38 D felony under IC 35-48-4-10 before its amendment in 2013).
2771	2767		39 (e) A vehicle operated by a person who is not:
2772	2768		40 (1) an owner of the vehicle; or
2773	2769		41 (2) the spouse of the person who owns the vehicle;
2774	2770		42 is not subject to seizure under subsection (a)(15) unless it can be
2775		-	SB 248—LS 7105/DI 139 65
	2771	+	2023 IN 248—LS 7105/DI 139 65
2776	2772		1 proven by a preponderance of the evidence that the owner of the
2777	2773		2 vehicle knowingly permitted the vehicle to be used to engage in
2778	2774		3 conduct that subjects it to seizure under subsection (a)(15).
2779	2775		4 SECTION 71. IC 34-30-2.1-95.4 IS ADDED TO THE INDIANA
2780	2776		5 CODE AS A NEW SECTION TO READ AS FOLLOWS
2781	2777		6 [EFFECTIVE JULY 1, 2023]: Sec. 95.4. IC 9-24-3.5-6(d)
2782	2778		7 (Concerning driver education instructors, licensed
2783	2779		8 ophthalmologists, and licensed optometrists who make reports
2784	2780		9 concerning fitness of the applicant to operate a motor vehicle).
2785	2781		10 SECTION 72. IC 34-30-2.1-95.5 IS ADDED TO THE INDIANA
2786	2782		11 CODE AS A NEW SECTION TO READ AS FOLLOWS
2787	2783		12 [EFFECTIVE JULY 1, 2023]: Sec. 95.5. IC 9-24-3.5-13 (Concerning
2788	2784		13 the commissioner, employees, and agents of the bureau of motor
2789	2785		14 vehicles for the validity of the information contained on driving
2790	2786		15 privilege cards).
2791	2787		16 SECTION 73. IC 35-43-1-2, AS AMENDED BY P.L.111-2021,
2792	2788		17 SECTION 104, IS AMENDED TO READ AS FOLLOWS
2793	2789		18 [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) A person who recklessly,
2794	2790		19 knowingly, or intentionally damages or defaces property of another
2795	2791		20 person without the other person's consent commits criminal mischief,
2796	2792		21 a Class B misdemeanor. However, the offense is:
2797	2793		22 (1) a Class A misdemeanor if the pecuniary loss is at least seven
2798	2794		23 hundred fifty dollars ($750) but less than fifty thousand dollars
2799	2795		24 ($50,000); and
2800	2796		25 (2) a Level 6 felony if:
2801	2797		26 (A) the pecuniary loss is at least fifty thousand dollars
2802	2798		27 ($50,000);
2803	2799		28 (B) the damage causes a substantial interruption or impairment
2804	2800		29 of utility service rendered to the public;
2805	2801		30 (C) the damage is to a public record; or
2806	2802		31 (D) the damage is to a law enforcement animal (as defined in
2807	2803		32 IC 35-46-3-4.5).
2808	2804		33 (b) A person who recklessly, knowingly, or intentionally damages:
2809	2805		34 (1) a structure used for religious worship without the consent of
2810	2806		35 the owner, possessor, or occupant of the property that is damaged;
2811	2807		36 (2) a school or community center without the consent of the
2812	2808		37 owner, possessor, or occupant of the property that is damaged;
2813	2809		38 (3) the property of an agricultural operation (as defined in
2814	2810		39 IC 32-30-6-1) without the consent of the owner, possessor, or
2815	2811		40 occupant of the property that is damaged;
2816	2812		41 (4) the grounds:
2817	2813		42 (A) adjacent to; and
2818		-	SB 248—LS 7105/DI 139 66
	2814	+	2023 IN 248—LS 7105/DI 139 66
2819	2815		1 (B) owned or rented in common with;
2820	2816		2 a structure or facility identified in subdivisions (1) through (3)
2821	2817		3 without the consent of the owner, possessor, or occupant of the
2822	2818		4 property that is damaged;
2823	2819		5 (5) personal property contained in a structure or located at a
2824	2820		6 facility identified in subdivisions (1) through (3) without the
2825	2821		7 consent of the owner, possessor, or occupant of the property that
2826	2822		8 is damaged;
2827	2823		9 (6) property that is vacant real property (as defined in
2828	2824		10 IC 36-7-36-5) or a vacant structure (as defined in IC 36-7-36-6);
2829	2825		11 or
2830	2826		12 (7) property after the person has been denied entry to the property
2831	2827		13 by a court order that was issued:
2832	2828		14 (A) to the person; or
2833	2829		15 (B) to the general public by conspicuous posting on or around
2834	2830		16 the property in areas where a person could observe the order
2835	2831		17 when the property has been designated by a municipality or
2836	2832		18 county enforcement authority to be a vacant property, an
2837	2833		19 abandoned property, or an abandoned structure (as defined in
2838	2834		20 IC 36-7-36-1);
2839	2835		21 commits institutional criminal mischief, a Class A misdemeanor.
2840	2836		22 However, the offense is a Level 6 felony if the pecuniary loss (or
2841	2837		23 property damage, in the case of an agricultural operation) is at least
2842	2838		24 seven hundred fifty dollars ($750) but less than fifty thousand dollars
2843	2839		25 ($50,000), and a Level 5 felony if the pecuniary loss (or property
2844	2840		26 damage, in the case of an agricultural operation) is at least fifty
2845	2841		27 thousand dollars ($50,000).
2846	2842		28 (c) A person who recklessly, knowingly, or intentionally damages
2847	2843		29 property:
2848	2844		30 (1) during the dealing or manufacture of or attempted dealing or
2849	2845		31 manufacture of a controlled substance; and
2850	2846		32 (2) by means of a fire or an explosion;
2851	2847		33 commits controlled substances criminal mischief, a Level 6 felony.
2852	2848		34 However, the offense is a Level 5 felony if the offense results in
2853	2849		35 moderate bodily injury to any person other than a defendant.
2854	2850		36 (d) If a person is convicted of an offense under this section that
2855	2851		37 involves the use of graffiti, the court may, in addition to any other
2856	2852		38 penalty, order that the person's driver's license or driving privilege
2857	2853		39 card be suspended or invalidated by the bureau of motor vehicles for
2858	2854		40 not more than one (1) year.
2859	2855		41 (e) The court may rescind an order for suspension or invalidation
2860	2856		42 under subsection (d) and allow the person to receive a license or permit
2861		-	SB 248—LS 7105/DI 139 67
	2857	+	2023 IN 248—LS 7105/DI 139 67
2862	2858		1 before the period of suspension or invalidation ends if the court
2863	2859		2 determines that the person has removed or painted over the graffiti or
2864	2860		3 has made other suitable restitution.
2865	2861		4 (f) For purposes of this section, "pecuniary loss" includes:
2866	2862		5 (1) the total costs incurred in inspecting, cleaning, and
2867	2863		6 decontaminating property contaminated by a pollutant; and
2868	2864		7 (2) a reasonable estimate of all additional costs not already
2869	2865		8 incurred under subdivision (1) that are necessary to inspect, clean,
2870	2866		9 and decontaminate property contaminated by a pollutant, to the
2871	2867		10 extent that the property has not already been:
2872	2868		11 (A) cleaned;
2873	2869		12 (B) decontaminated; or
2874	2870		13 (C) both cleaned and decontaminated.
2875	2871		14 The term includes inspection, cleaning, or decontamination conducted
2876	2872		15 by a person certified under IC 16-19-3.1.
2877	2873		16 SECTION 74. IC 35-44.1-3-1, AS AMENDED BY P.L.174-2021,
2878	2874		17 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2879	2875		18 JULY 1, 2023]: Sec. 1. (a) A person who knowingly or intentionally:
2880	2876		19 (1) forcibly resists, obstructs, or interferes with a law enforcement
2881	2877		20 officer or a person assisting the officer while the officer is
2882	2878		21 lawfully engaged in the execution of the officer's duties;
2883	2879		22 (2) forcibly resists, obstructs, or interferes with the authorized
2884	2880		23 service or execution of a civil or criminal process or order of a
2885	2881		24 court; or
2886	2882		25 (3) flees from a law enforcement officer after the officer has, by
2887	2883		26 visible or audible means, including operation of the law
2888	2884		27 enforcement officer's siren or emergency lights, identified himself
2889	2885		28 or herself and ordered the person to stop;
2890	2886		29 commits resisting law enforcement, a Class A misdemeanor, except as
2891	2887		30 provided in subsection (c).
2892	2888		31 (b) A person who, having been denied entry by a firefighter, an
2893	2889		32 emergency medical services provider, or a law enforcement officer,
2894	2890		33 knowingly or intentionally enters an area that is marked off with barrier
2895	2891		34 tape or other physical barriers, commits interfering with public safety,
2896	2892		35 a Class B misdemeanor, except as provided in subsection (c) or (k).
2897	2893		36 (c) The offense under subsection (a) or (b) is a:
2898	2894		37 (1) Level 6 felony if:
2899	2895		38 (A) the person uses a vehicle to commit the offense; or
2900	2896		39 (B) while committing the offense, the person:
2901	2897		40 (i) draws or uses a deadly weapon;
2902	2898		41 (ii) inflicts bodily injury on or otherwise causes bodily injury
2903	2899		42 to another person; or
2904		-	SB 248—LS 7105/DI 139 68
	2900	+	2023 IN 248—LS 7105/DI 139 68
2905	2901		1 (iii) operates a vehicle in a manner that creates a substantial
2906	2902		2 risk of bodily injury to another person;
2907	2903		3 (2) Level 5 felony if:
2908	2904		4 (A) while committing the offense, the person operates a
2909	2905		5 vehicle in a manner that causes serious bodily injury to another
2910	2906		6 person; or
2911	2907		7 (B) the person uses a vehicle to commit the offense and the
2912	2908		8 person has a prior unrelated conviction under this section
2913	2909		9 involving the use of a vehicle in the commission of the
2914	2910		10 offense;
2915	2911		11 (3) Level 3 felony if, while committing the offense, the person
2916	2912		12 operates a vehicle in a manner that causes the death or
2917	2913		13 catastrophic injury of another person; and
2918	2914		14 (4) Level 2 felony if, while committing any offense described in
2919	2915		15 subsection (a), the person operates a vehicle in a manner that
2920	2916		16 causes the death or catastrophic injury of a firefighter, an
2921	2917		17 emergency medical services provider, or a law enforcement
2922	2918		18 officer while the firefighter, emergency medical services provider,
2923	2919		19 or law enforcement officer is engaged in the firefighter's,
2924	2920		20 emergency medical services provider's, or officer's official duties.
2925	2921		21 (d) The offense under subsection (a) is a Level 6 felony if, while
2926	2922		22 committing an offense under:
2927	2923		23 (1) subsection (a)(1) or (a)(2), the person:
2928	2924		24 (A) creates a substantial risk of bodily injury to the person or
2929	2925		25 another person; and
2930	2926		26 (B) has two (2) or more prior unrelated convictions under
2931	2927		27 subsection (a); or
2932	2928		28 (2) subsection (a)(3), the person has two (2) or more prior
2933	2929		29 unrelated convictions under subsection (a).
2934	2930		30 (e) If a person uses a vehicle to commit a felony offense under
2935	2931		31 subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
2936	2932		32 penalty imposed for the offense, the court shall impose a minimum
2937	2933		33 executed sentence of at least:
2938	2934		34 (1) thirty (30) days, if the person does not have a prior unrelated
2939	2935		35 conviction under this section;
2940	2936		36 (2) one hundred eighty (180) days, if the person has one (1) prior
2941	2937		37 unrelated conviction under this section; or
2942	2938		38 (3) one (1) year, if the person has two (2) or more prior unrelated
2943	2939		39 convictions under this section.
2944	2940		40 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
2945	2941		41 minimum sentence imposed under subsection (e) may not be
2946	2942		42 suspended.
2947		-	SB 248—LS 7105/DI 139 69
	2943	+	2023 IN 248—LS 7105/DI 139 69
2948	2944		1 (g) If a person is convicted of an offense involving the use of a
2949	2945		2 motor vehicle under:
2950	2946		3 (1) subsection (c)(1)(A), if the person exceeded the speed limit by
2951	2947		4 at least twenty (20) miles per hour while committing the offense;
2952	2948		5 (2) subsection (c)(2); or
2953	2949		6 (3) subsection (c)(3);
2954	2950		7 the court may notify the bureau of motor vehicles to suspend or revoke
2955	2951		8 the person's driver's license or driving privilege card and all
2956	2952		9 certificates of registration and license plates issued or registered in the
2957	2953		10 person's name in accordance with IC 9-30-4-6.1(b) for the period
2958	2954		11 described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The court shall
2959	2955		12 inform the bureau whether the person has been sentenced to a term of
2960	2956		13 incarceration. At the time of conviction, the court may obtain the
2961	2957		14 person's current driver's license or driving privilege card and return
2962	2958		15 the license to the bureau of motor vehicles.
2963	2959		16 (h) A person may not be charged or convicted of a crime under
2964	2960		17 subsection (a)(3) if the law enforcement officer is a school resource
2965	2961		18 officer acting in the officer's capacity as a school resource officer.
2966	2962		19 (i) A person who commits an offense described in subsection (c)
2967	2963		20 commits a separate offense for each person whose bodily injury,
2968	2964		21 serious bodily injury, catastrophic injury, or death is caused by a
2969	2965		22 violation of subsection (c).
2970	2966		23 (j) A court may order terms of imprisonment imposed on a person
2971	2967		24 convicted of more than one (1) offense described in subsection (c) to
2972	2968		25 run consecutively. Consecutive terms of imprisonment imposed under
2973	2969		26 this subsection are not subject to the sentencing restrictions set forth in
2974	2970		27 IC 35-50-1-2(c) through IC 35-50-1-2(d).
2975	2971		28 (k) As used in this subsection, "family member" means a child,
2976	2972		29 grandchild, parent, grandparent, or spouse of the person. It is a defense
2977	2973		30 to a prosecution under subsection (b) that the person reasonably
2978	2974		31 believed that the person's family member:
2979	2975		32 (1) was in the marked off area; and
2980	2976		33 (2) had suffered bodily injury or was at risk of suffering bodily
2981	2977		34 injury;
2982	2978		35 if the person is not charged as a defendant in connection with the
2983	2979		36 offense, if applicable, that caused the area to be secured by barrier tape
2984	2980		37 or other physical barriers.
2985	2981		38 SECTION 75. IC 35-52-9-36, AS ADDED BY P.L.169-2014,
2986	2982		39 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2987	2983		40 JULY 1, 2023]: Sec. 36. IC 9-24-18-1 defines a crime crimes
2988	2984		41 concerning driver's licenses and driving privilege cards.
2989	2985		42 SECTION 76. IC 35-52-9-37.5, AS ADDED BY P.L.188-2015,
2990		-	SB 248—LS 7105/DI 139 70
	2986	+	2023 IN 248—LS 7105/DI 139 70
2991	2987		1 SECTION 153, IS AMENDED TO READ AS FOLLOWS
2992	2988		2 [EFFECTIVE JULY 1, 2023]: Sec. 37.5. IC 9-24-18-7.5 defines a
2993	2989		3 crime crimes concerning driver's licenses and driving privilege cards.
2994	2990		4 SECTION 77. [EFFECTIVE UPON PASSAGE] (a) The bureau of
2995	2991		5 motor vehicles shall adopt rules under IC 4-22-2, including
2996	2992		6 emergency rules in the manner provided under IC 4-22-2-37.1,
2997	2993		7 necessary to implement the issuance and administration of driving
2998	2994		8 privilege cards under IC 9-24-3.5, as added by this act.
2999	2995		9 (b) This SECTION expires July 1, 2025.
3000	2996		10 SECTION 78. An emergency is declared for this act.
3001		-	SB 248—LS 7105/DI 139 71
3002		-	COMMITTEE REPORT
3003		-	Madam President: The Senate Committee on Homeland Security
3004		-	and Transportation, to which was referred Senate Bill No. 248, has had
3005		-	the same under consideration and begs leave to report the same back
3006		-	to the Senate with the recommendation that said bill DO PASS and be
3007		-	reassigned to the Senate Committee on Appropriations.
3008		-	(Reference is to SB 248 as introduced.)
3009		-	CRIDER, Chairperson
3010		-	Committee Vote: Yeas 5, Nays 4
3011		-	SB 248—LS 7105/DI 139
	2997	+	2023 IN 248—LS 7105/DI 139