Indiana House Bill HB1162 Comm Sub / Bill

                    *HB1162.1*
January 30, 2024
HOUSE BILL No. 1162
_____
DIGEST OF HB 1162 (Updated January 30, 2024 10:16 am - DI 137)
Citations Affected:  IC 8-14; IC 9-13; IC 9-14; IC 9-18.1; IC 9-18.5;
IC 9-24; IC 9-25; IC 9-28; IC 9-30; IC 9-33; IC 35-44.1.
Synopsis:  Bureau of motor vehicles. Makes a technical correction
regarding the calculation of a county's allocation from the motor
vehicle highway account fund. Provides that a commercial driver's
license and a commercial learner's permit may be issued as a mobile
credential. Repeals language allowing the bureau of motor vehicles
(bureau) to issue a driver's license or identification card to a person
granted parole. Allows an individual who is at least 18 years of age and
holds a valid commercial driver's license to be issued a hazardous
materials endorsement. Amends provisions regarding proof of a
veteran's discharge from the armed forces or its reserves or the national
guard. Changes the number of commercial vehicles that must be owned
for the state department of revenue to issue a license plate for each
commercial vehicle from 25 to five. Amends provisions requiring the
bureau to provide notice to allow the bureau to provide notice
electronically when the individual has indicated a preference for
receiving electronic notices from the bureau. Provides that a driver's
license or identification card expires upon the bureau receiving notice
of the death of the holder. Allows an individual to electronically apply
for the individual's driver's license or learner's permit to be converted
into an identification card. Deletes provisions allowing the bureau to
suspend or revoke the registration of an individual convicted of certain
crimes. 
Effective:  Upon passage; July 1, 2024; January 1, 2025.
Pressel, Bartels
January 8, 2024, read first time and referred to Committee on Roads and Transportation.
January 30, 2024, amended, reported — Do Pass.
HB 1162—LS 6594/DI 137  January 30, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1162
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 8-14-1-3, AS AMENDED BY THE TECHNICAL
2 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
4 Sec. 3. The money collected for the motor vehicle highway account
5 fund and remaining after refunds and the payment of all expenses
6 incurred in the collection of the money and after transferring three
7 hundred twenty-five thousand dollars ($325,000) each month to the
8 motor carrier regulation fund (IC 8-2.1-23), shall be allocated to and
9 distributed among the department and subdivisions designated as
10 follows:
11 (1) Of the net amount in the motor vehicle highway account the
12 auditor of state comptroller shall set aside for the cities and
13 towns of the state twelve and thirteen hundredths percent
14 (12.13%). This sum shall be allocated to the cities and towns
15 upon the basis that the population of each city and town bears to
16 the total population of all the cities and towns and shall be used
17 for the construction or reconstruction and maintenance of streets
HB 1162—LS 6594/DI 137 2
1 and alleys and shall be annually budgeted as now provided by
2 law. However, no part of such sum shall be used for any other
3 purpose than for the purposes defined in this chapter. If any funds
4 allocated to any city or town shall be used by any officer or
5 officers of such city or town for any purpose or purposes other
6 than for the purposes as defined in this chapter, such officer or
7 officers shall be liable upon their official bonds to such city or
8 town in such amount so used for other purposes than for the
9 purposes as defined in this chapter, together with the costs of said
10 action and reasonable attorney fees, recoverable in an action or
11 suit instituted in the name of the state of Indiana on the relation
12 of any taxpayer or taxpayers resident of such city or town. A
13 monthly distribution thereof of funds accumulated during the
14 preceding month shall be made by the auditor of state
15 comptroller.
16 (2) Of the net amount in the motor vehicle highway account, the
17 auditor of state comptroller shall set aside for the counties of the
18 state twenty-five and eighty-seven hundredths percent (25.87%).
19 However, as to the allocation to cities and towns under
20 subdivision (1) and as to the allocation to counties under this
21 subdivision, in the event that the amount in the motor vehicle
22 highway account fund remaining after refunds and after the
23 payment of all expenses incurred in the collection thereof is less
24 than twenty-two million six hundred fifty thousand dollars
25 ($22,650,000) in any fiscal year, then the amount so set aside in
26 the next calendar year for distributions to counties shall be
27 reduced fifty-four percent (54%) of such deficit and the amount
28 so set aside for distribution in the next calendar year to cities and
29 towns shall be reduced thirteen percent (13%) of such deficit.
30 Such reduced distributions shall begin with the distribution
31 January 1 of each year.
32 (3) The amount set aside for the counties of the state under the
33 provisions of subdivision (2) shall be allocated monthly upon the
34 following basis:
35 (A) Five percent (5%) of the amount allocated to the counties
36 to be divided equally among the ninety-two (92) counties.
37 (B) Sixty-five percent (65%) of the amount allocated to the
38 counties to be divided on the basis of the ratio of the actual
39 miles, now traveled and in use, of county roads in each county
40 to the total mileage of county roads in the state, which shall be
41 annually determined, accurately, by the department and
42 submitted to the auditor of state comptroller before April 1 of
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1 each year.
2 (C) Thirty percent (30%) of the amount allocated to the
3 counties to be divided on the basis of the ratio of the motor
4 vehicle registrations of each county to the total motor vehicle
5 registration of the state. The bureau of motor vehicles shall
6 annually determine the amount number of motor vehicle
7 registrations by county under this clause and submit its
8 determination to the auditor of state comptroller before April
9 1 each year.
10 All money so distributed to the several counties of the state shall
11 constitute a special road fund for each of the respective counties
12 and shall be under the exclusive supervision and direction of the
13 board of county commissioners in the construction,
14 reconstruction, maintenance, or repair of the county highways or
15 bridges on such county highways within such county.
16 (4) Each month the remainder of the net amount in the motor
17 vehicle highway account shall be credited to the state highway
18 fund for the use of the department.
19 (5) Money in the fund may not be used for any toll road or toll
20 bridge project.
21 (6) Notwithstanding any other provisions of this section, money
22 in the motor vehicle highway account fund may be appropriated
23 to the Indiana department of transportation from the amounts
24 distributed to the political subdivisions of the state to pay the
25 costs incurred by the department in providing services to those
26 subdivisions.
27 (7) Notwithstanding any other provisions of this section or of
28 IC 8-14-8, for the purpose of maintaining a sufficient working
29 balance in accounts established primarily to facilitate the
30 matching of federal and local money for highway projects, money
31 may be appropriated to the Indiana department of transportation
32 as follows:
33 (A) One-half (1/2) from the amounts set aside under
34 subdivisions (1) and (2) for counties and for those cities and
35 towns with a population greater than five thousand (5,000).
36 (B) One-half (1/2) from the distressed road fund under
37 IC 8-14-8.
38 SECTION 2. IC 9-13-2-48, AS AMENDED BY P.L.211-2023,
39 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2024]: Sec. 48. "Driver's license" means the following:
41 (1) Any type of license issued by the state in the form of a
42 physical credential authorizing an individual to operate the type
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1 of vehicle for which the license was issued, in the manner for
2 which the license was issued, on a highway. The term includes
3 any endorsements added to the license under IC 9-24-8.5.
4 (2) Except for a commercial driver's license issued under
5 IC 9-24-6.1, Any type of license issued by the state in the form of
6 a mobile credential authorizing an individual to operate the type
7 of vehicle for which the license was issued, in the manner for
8 which the license was issued, on a highway. The term includes
9 any endorsements added to the license under IC 9-24-8.5.
10 SECTION 3. IC 9-13-2-78, AS AMENDED BY P.L.211-2023,
11 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 UPON PASSAGE]: Sec. 78. "Indiana resident" refers to a person that
13 is one (1) of the following:
14 (1) An individual who lives in Indiana for at least one hundred
15 eighty-three (183) days during a calendar year and who has a
16 legal residence in another state. However, the term does not
17 include an individual who lives in Indiana for any of the following
18 purposes:
19 (A) Attending a postsecondary educational institution.
20 (B) Serving on active duty in the armed forces of the United
21 States.
22 (C) Temporary employment.
23 (D) Other purposes, without the intent of making Indiana a
24 permanent home.
25 (2) An individual who is living in Indiana if the individual has no
26 other legal residence.
27 (3) An individual who is registered to vote in Indiana or who
28 satisfies the standards for determining residency in Indiana under
29 IC 3-5-5.
30 (4) An individual who has a dependent enrolled in an elementary
31 or a secondary school located in Indiana.
32 (5) A person that maintains a:
33 (A) main office;
34 (B) branch office;
35 (C) warehouse; or
36 (D) business facility;
37 in Indiana.
38 (6) A person that bases and operates vehicles in Indiana.
39 (7) A person that operates vehicles in intrastate haulage in
40 Indiana.
41 (8) A person who is living in Indiana and has been granted parole.
42 (9) (8) A person that has more than one-half (1/2) of the person's
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1 gross income (as defined in Section 61 of the Internal Revenue
2 Code) derived from sources in Indiana using the provisions
3 applicable to determining the source of adjusted gross income that
4 are set forth in IC 6-3-2-2. However, a person that is considered
5 a resident under this subdivision is not a resident if the person
6 proves by a preponderance of the evidence that the person is not
7 a resident under subdivisions (1) through (8). (7).
8 SECTION 4. IC 9-13-2-103.4, AS AMENDED BY P.L.211-2023,
9 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 103.4. "Mobile credential" means digital data
11 issued to a telecommunications device by the bureau under
12 IC 9-24-17.5 of the information contained on the following:
13 (1) A driver's license.
14 (2) A learner's permit.
15 (3) An identification card.
16 The term does not include a commercial driver's license or commercial
17 learner's permit issued under IC 9-24-6.1, a motorcycle learner's permit
18 issued under IC 9-24-8-3, a photo exempt driver's license issued under
19 IC 9-24-11-5(b), or a photo exempt identification card issued under
20 IC 9-24-16.5.
21 SECTION 5. IC 9-13-2-121.5 IS REPEALED [EFFECTIVE UPON
22 PASSAGE]. Sec. 121.5. "Parole" means temporary legal presence in
23 the United States under 8 U.S.C. 1182(d)(5) granted to an individual
24 who:
25 (1) is a citizen or national of Ukraine or last was a habitual
26 resident of Ukraine; and
27 (2) meets the criteria established under Section 401(a) of the
28 Additional Ukraine Supplemental Appropriations Act (Public
29 Law 117-128) as in effect on January 1, 2023.
30 SECTION 6. IC 9-13-2-138.5, AS ADDED BY P.L.118-2011,
31 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2024]: Sec. 138.5. "Proof of discharge" means a document
33 that:
34 (1) is issued by the United States Department of Defense; and
35 (2) confirms a veteran's discharge from the armed forces of the
36 United States.
37 The term includes a DD-214 form. physical document or digital
38 verification that:
39 (1) confirms a veteran's discharge from the armed forces of
40 the United States or its reserves or the National Guard; and
41 (2) was issued by the United States Department of Veterans
42 Affairs, the United States Department of Defense, or the
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1 National Guard Bureau.
2 SECTION 7. IC 9-14-8-3.5 IS REPEALED [EFFECTIVE UPON
3 PASSAGE]. Sec. 3.5. The bureau of motor vehicles shall adopt rules
4 under IC 4-22-2, including emergency rules in the manner provided
5 under IC 4-22-2-37.1, necessary to implement the issuance and
6 administration of the following:
7 (1) Driver's licenses, permits, or identification cards for
8 individuals granted parole.
9 (2) Registrations and certificates of title for motor vehicles of
10 individuals granted parole.
11 SECTION 8. IC 9-14-12-3, AS ADDED BY P.L.198-2016,
12 SECTION 192, IS AMENDED TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) For each individual licensed
14 by the bureau to operate a motor vehicle, the bureau shall create and
15 maintain a driving record that contains the following:
16 (1) The individual's convictions for any of the following:
17 (A) A moving traffic violation.
18 (B) Operating a vehicle without financial responsibility in
19 violation of IC 9-25.
20 (2) Any administrative penalty imposed by the bureau.
21 (3) Any suspensions, revocations, or reinstatements of the
22 individual's driving privileges, license, or permit.
23 (4) If the driving privileges of the individual have been suspended
24 or revoked by the bureau, an entry in the record stating that a
25 notice of suspension or revocation was mailed to the individual by
26 the bureau or sent electronically if the individual has indicated
27 a preference for receiving notices from the bureau
28 electronically, and the date of the mailing or sending of the
29 notice.
30 (5) Any requirement that the individual may operate only a motor
31 vehicle equipped with a certified ignition interlock device.
32 A driving record may not contain voter registration information.
33 (b) For an Indiana resident who does not hold any type of valid
34 driving license, the bureau shall maintain a driving record as provided
35 in IC 9-24-18-9.
36 SECTION 9. IC 9-18.1-13-3, AS AMENDED BY P.L.257-2017,
37 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JANUARY 1, 2025]: Sec. 3. (a) Upon payment of the annual
39 registration fee under IC 9-18.1-5 and any applicable commercial
40 vehicle excise tax under IC 6-6-5.5, the department of state revenue
41 may issue a license plate for each commercial vehicle registered to the
42 owner of at least twenty-five (25) five (5) commercial vehicles. The
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1 license plate issued under this section for a commercial vehicle is
2 permanently valid.
3 (b) The application of registration for the commercial vehicles must
4 be on an aggregate basis by electronic means. If the application is
5 approved, the department of state revenue shall issue a certificate of
6 registration that shall be carried at all times in the vehicle for which it
7 is issued.
8 (c) The registration for a commercial vehicle is void when the
9 registered owner:
10 (1) sells (and does not replace);
11 (2) disposes of; or
12 (3) does not renew the registration of;
13 the commercial vehicle or the commercial vehicle is destroyed.
14 (d) This section does not relieve the owner of a vehicle from
15 payment of any applicable commercial vehicle excise tax under
16 IC 6-6-5.5 on a yearly basis.
17 (e) A registered license plate issued under subsection (a) may be
18 transferred to another vehicle in a fleet of the same weight and plate
19 type, with a new certificate of registration issued under subsection (b),
20 upon application to the department of state revenue. A commercial
21 vehicle excise tax credit may be applied to any plate transfer of the
22 same vehicle type and same weight category.
23 (f) The following apply to rules adopted by the bureau before
24 January 1, 2014, under IC 9-18-2-4.5(f) (before its expiration):
25 (1) The rules are transferred to the department of state revenue
26 and are considered rules of the department of state revenue.
27 (2) The rules are treated as if they had been adopted by the
28 department of state revenue.
29 (g) Upon qualification under this section, a vehicle subject to the
30 commercial vehicle excise tax under IC 6-6-5.5, including trailers and
31 semitrailers, must be registered with the department of state revenue
32 and issued a permanent license plate.
33 (h) A registered owner may continue to register commercial vehicles
34 under this section even after a reduction in the registered owner's fleet
35 to fewer than twenty-five (25) five (5) commercial vehicles.
36 SECTION 10. IC 9-18.1-14-4, AS ADDED BY P.L.198-2016,
37 SECTION 326, IS AMENDED TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The fee to register an off-road
39 vehicle or snowmobile is thirty dollars ($30). The fee shall be
40 deposited in the off-road vehicle and snowmobile fund established by
41 IC 14-16-1-30.
42 (b) The registration of an off-road vehicle or a snowmobile under
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1 this chapter is valid until the earlier of the following:
2 (1) Three (3) years from the date of registration or renewal under
3 this chapter.
4 (2) The date on which the off-road vehicle or snowmobile is sold
5 or transferred to another person. The bureau may designate an
6 expiration month that aligns with the schedule of expiration
7 dates described in IC 9-18.1-11-1. However, the registration
8 period must be at least thirty-six (36) months and not more
9 than forty-eight (48) months for a given registration or
10 renewal.
11 (c) If a person sells or otherwise disposes of an off-road vehicle or
12 snowmobile:
13 (1) the certificate of registration and decals for the off-road
14 vehicle or snowmobile are canceled; and
15 (2) except as provided in IC 9-33-3, the person is not entitled to
16 a refund of any unused part of a fee paid by the person under this
17 section.
18 (d) A person that acquires an off-road vehicle or a snowmobile that
19 is registered under this chapter must apply to the bureau under this
20 chapter to register the off-road vehicle or snowmobile.
21 SECTION 11. IC 9-18.5-29-3, AS AMENDED BY P.L.211-2023,
22 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 3. (a) An individual who registers a vehicle under
24 this title may apply for and receive a Hoosier veteran license plate for
25 one (1) or more vehicles upon doing the following:
26 (1) Completing an application for a Hoosier veteran license plate.
27 (2) Presenting one (1) of the following to the bureau:
28 (A) A United States Uniformed Services Retiree Identification
29 Card.
30 (B) A DD 214 or DD 215 record. Proof of discharge.
31 (C) United States military discharge papers.
32 (D) A current armed forces identification card.
33 (E) A physical credential or mobile credential issued to the
34 individual that contains an indication of veteran status under
35 IC 9-24-11-5.5.
36 (3) Paying a fee in an amount of fifteen dollars ($15).
37 (b) The bureau shall distribute at least one (1) time each month the
38 fee described in subsection (a)(3) to the director of veterans' affairs for
39 deposit in the military family relief fund established under
40 IC 10-17-12-8.
41 SECTION 12. IC 9-18.5-35-3, AS ADDED BY P.L.29-2021,
42 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HB 1162—LS 6594/DI 137 9
1 JULY 1, 2024]: Sec. 3. (a) An individual who registers a vehicle under
2 this title may apply for and receive an Armed Forces Expeditionary
3 Medal license plate for one (1) or more vehicles upon doing the
4 following:
5 (1) Completing an application for an Armed Forces Expeditionary
6 Medal license plate.
7 (2) Presenting one (1) of the following to the bureau that shows
8 the individual has been awarded the Armed Forces Expeditionary
9 Medal:
10 (A) A DD 214 or DD 215 record.
11 (B) United States military discharge papers.
12 (C) A current armed forces identification card.
13 (D) Digital verification through the United States
14 Department of Defense.
15 (3) Paying a fee in the amount of fifteen dollars ($15).
16 (b) The bureau shall distribute the fee described in subsection (a)(3)
17 to the director of veterans' affairs for deposit in the military family
18 relief fund established under IC 10-17-12-8.
19 SECTION 13. IC 9-24-2-3, AS AMENDED BY P.L.211-2023,
20 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 UPON PASSAGE]: Sec. 3. (a) The bureau may not issue a driver's
22 license or learner's permit or grant driving privileges to the following
23 individuals:
24 (1) An individual whose driving privileges have been suspended,
25 during the period for which the driving privileges are suspended,
26 or to an individual whose driver's license has been revoked, until
27 the time the bureau is authorized under Indiana law to issue the
28 individual a new driver's license.
29 (2) An individual whose learner's permit has been suspended or
30 revoked until the time the bureau is authorized under Indiana law
31 to issue the individual a new learner's permit.
32 (3) An individual who, in the opinion of the bureau, is afflicted
33 with or suffering from a physical or mental disability or disease
34 that prevents the individual from exercising reasonable and
35 ordinary control over a motor vehicle while operating the motor
36 vehicle on a highway.
37 (4) An individual who is unable to understand highway warnings
38 or direction signs written in the English language.
39 (5) An individual who is required under this article to take an
40 examination unless:
41 (A) the individual successfully passes the examination; or
42 (B) the bureau waives the examination requirement.
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1 (6) An individual who is required under IC 9-25 or any other
2 statute to deposit or provide proof of financial responsibility and
3 who has not deposited or provided that proof.
4 (7) An individual when the bureau has good cause to believe that
5 the operation of a motor vehicle on a highway by the individual
6 would be inimical to public safety or welfare.
7 (8) An individual who is the subject of an order issued by:
8 (A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13,
9 IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or
10 (B) the Title IV-D agency;
11 ordering that a driver's license or permit not be issued to the
12 individual.
13 (9) Except for an individual granted parole, An individual who
14 has not presented valid documentary evidence to the bureau of the
15 individual's lawful status in the United States, as required by
16 IC 9-24-9-2.5.
17 (10) An individual who does not otherwise satisfy the
18 requirements of this article.
19 (b) An individual subject to epileptic seizures may not be denied a
20 driver's license or permit under this section if the individual presents
21 a statement from a licensed physician or an advanced practice
22 registered nurse, on a form prescribed by the bureau, that the individual
23 is under medication and is free from seizures while under medication.
24 SECTION 14. IC 9-24-2-4, AS AMENDED BY P.L.111-2021,
25 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 4. (a) If an individual is at least fifteen (15) years
27 of age and less than eighteen (18) years of age and is a habitual truant,
28 is under a suspension or an expulsion, or has withdrawn from school as
29 described in section 1 of this chapter, the bureau shall, upon
30 notification by an authorized representative of the individual's school
31 corporation, suspend the individual's driving privileges until the
32 earliest of the following:
33 (1) The individual becomes eighteen (18) years of age.
34 (2) One hundred twenty (120) days after the individual is
35 suspended.
36 (3) The suspension, expulsion, or exclusion is reversed after the
37 individual has had a hearing under IC 20-33-8.
38 (b) The bureau shall promptly mail a notice to the individual's last
39 known address or send a notice electronically if the individual has
40 indicated a preference for receiving notices from the bureau
41 electronically, that states the following:
42 (1) That the individual's driving privileges will be suspended for
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1 a specified period commencing five (5) days after the date of the
2 notice.
3 (2) That the individual has the right to appeal the suspension of
4 the driving privileges.
5 (c) If an aggrieved individual believes that:
6 (1) the information provided was technically incorrect; or
7 (2) the bureau committed a technical or procedural error;
8 the aggrieved individual may appeal the invalidation of a driver's
9 license under section 5 of this chapter.
10 (d) If an individual satisfies the conditions for reinstatement of a
11 driver's license under this section, the individual may submit to the
12 bureau for review the necessary information certifying that at least one
13 (1) of the events described in subsection (a) has occurred.
14 (e) Upon reviewing and certifying the information received under
15 subsection (d), the bureau shall reinstate the individual's driving
16 privileges.
17 (f) An individual may not operate a motor vehicle in violation of this
18 section.
19 (g) An individual whose driving privileges are suspended under this
20 section is eligible to apply for specialized driving privileges under
21 IC 9-30-16.
22 (h) The bureau shall reinstate the driving privileges of an individual
23 whose driving privileges were suspended under this section if the
24 individual does the following:
25 (1) Establishes to the satisfaction of the principal of the school
26 where the action occurred that caused the suspension of the
27 driving privileges that the individual has:
28 (A) enrolled in a full-time or part-time program of education;
29 and
30 (B) participated for thirty (30) or more days in the program of
31 education.
32 (2) Submits to the bureau a form developed by the bureau that
33 contains:
34 (A) the verified signature of the principal or the president of
35 the governing body of the school described in subdivision (1);
36 and
37 (B) notification to the bureau that the person has complied
38 with subdivision (1).
39 An individual may appeal the decision of a principal under subdivision
40 (1) to the governing body of the school corporation where the
41 principal's school is located.
42 SECTION 15. IC 9-24-7-4, AS AMENDED BY P.L.111-2021,
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1 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 4. (a) A learner's permit authorizes the holder to
3 operate a motor vehicle, except a motorcycle or a commercial motor
4 vehicle, upon a highway under the following conditions:
5 (1) While the holder is participating in practice driving in an
6 approved driver education course and is accompanied in the front
7 seat of the motor vehicle by an individual with valid driving
8 privileges who:
9 (A) is licensed as a driver education instructor under
10 IC 9-27-6-8 and is working under the direction of a driver
11 training school described in IC 9-27-6-3(a)(2); or
12 (B) is a certified driver rehabilitation specialist recognized by
13 the bureau who is employed through a driver rehabilitation
14 program.
15 (2) While the holder is participating in practice driving after
16 having commenced an approved driver education course and is
17 accompanied in the front seat of the motor vehicle by an
18 individual with valid driving privileges who is at least:
19 (A) twenty-five (25) years of age and related to the applicant
20 by blood, marriage, or legal status; or
21 (B) if the licensed individual is the holder's spouse, twenty-one
22 (21) years of age.
23 (3) If the holder is not participating in an approved driver
24 education course, and is less than eighteen (18) years of age, the
25 holder may participate in practice driving if accompanied in the
26 front seat of the motor vehicle by an individual who is:
27 (A) a licensed driver, with valid driving privileges, who is:
28 (i) at least twenty-five (25) years of age; and
29 (ii) related to the applicant by blood, marriage, or legal
30 status;
31 (B) the spouse of the applicant who is:
32 (i) a licensed driver with valid driving privileges; and
33 (ii) at least twenty-one (21) years of age; or
34 (C) an individual with valid driving privileges who:
35 (i) is licensed as a driver education instructor under
36 IC 9-27-6-8 and is working under the direction of a driver
37 training school described in IC 9-27-6-3(a)(2); or
38 (ii) is a certified driver rehabilitation specialist recognized
39 by the bureau who is employed through a driver
40 rehabilitation program; or
41 (iii) is a bureau or commission employee who is
42 conducting a skills examination.
HB 1162—LS 6594/DI 137 13
1 (4) If the holder is not participating in an approved driver
2 education course, and is at least eighteen (18) years of age, the
3 holder may participate in practice driving if accompanied in the
4 front seat of the motor vehicle by an individual who is:
5 (A) a licensed driver, with valid driving privileges, who is at
6 least twenty-five (25) years of age; or
7 (B) the spouse of the applicant who is:
8 (i) a licensed driver with valid driving privileges; and
9 (ii) at least twenty-one (21) years of age.
10 (5) If the holder is less than eighteen (18) years of age and is
11 under the care and supervision of the department of child
12 services, the holder may participate in practice driving if
13 accompanied in the front seat of the motor vehicle by an
14 individual who is:
15 (A) a licensed driver with valid driving privileges who is:
16 (i) at least twenty-five (25) years of age; and
17 (ii) related to the applicant by blood, marriage, or legal
18 status;
19 (B) a licensed driver with valid driving privileges who is:
20 (i) at least twenty-five (25) years of age; and
21 (ii) approved by the department of child services; or
22 (C) an individual with valid driving privileges who is:
23 (i) licensed as a driver education instructor under
24 IC 9-27-6-8 and is working under the direction of a driver
25 training school described in IC 9-27-6-3(a)(2); or
26 (ii) a certified driver rehabilitation specialist recognized by
27 the bureau who is employed through a driver rehabilitation
28 program.
29 (b) A holder of a learner's permit may operate a motor driven cycle.
30 SECTION 16. IC 9-24-8.5-2, AS AMENDED BY P.L.111-2021,
31 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2024]: Sec. 2. (a) A driver's license issued under IC 9-24-3
33 may include one (1) or more of the following:
34 (1) A motorcycle endorsement under IC 9-24-8-4 (before its
35 expiration) or section 3 of this chapter.
36 (2) A for-hire endorsement under section 5 of this chapter.
37 (b) A commercial driver's license may include one (1) or more of
38 the following:
39 (1) A motorcycle endorsement under IC 9-24-8-4 (before its
40 expiration) or section 3 of this chapter.
41 (2) Except for a hazardous materials endorsement, an
42 endorsement under IC 9-24-6.1, including under any rules
HB 1162—LS 6594/DI 137 14
1 adopted under IC 9-24-6.1, if the applicant is at least
2 twenty-one (21) years of age.
3 (3) A hazardous materials endorsement under IC 9-24-6.1,
4 including under any rules adopted under IC 9-24-6.1, if the
5 applicant is at least eighteen (18) years of age.
6 SECTION 17. IC 9-24-9-2, AS AMENDED BY P.L.211-2023,
7 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (b),
9 each application for a driver's license or permit under this chapter must
10 require the following information:
11 (1) The full legal name of the applicant.
12 (2) The applicant's date of birth.
13 (3) The gender of the applicant.
14 (4) The applicant's height, weight, hair color, and eye color.
15 (5) The address of the applicant.
16 (6) A:
17 (A) valid Social Security number; or
18 (B) verification of an applicant's:
19 (i) ineligibility to be issued a Social Security number;
20 (ii) identity; and
21 (iii) lawful status. except for an individual granted parole.
22 (7) Whether the applicant has been subject to fainting spells or
23 seizures.
24 (8) Whether the applicant has been issued a driver's license or has
25 been the holder of a permit, and if so, when and by what
26 jurisdiction.
27 (9) Whether the applicant's driver's license or permit has ever
28 been suspended or revoked, and if so, the date of and the reason
29 for the suspension or revocation.
30 (10) Whether the applicant has been convicted of:
31 (A) a crime punishable as a felony under Indiana motor
32 vehicle law; or
33 (B) any other felony in the commission of which a motor
34 vehicle was used;
35 that has not been expunged by a court.
36 (11) Whether the applicant has a physical or mental disability,
37 and if so, the nature of the disability.
38 (12) The signature of the applicant showing the applicant's legal
39 name as it appears or will appear on the driver's license or permit.
40 (13) A digital photograph of the applicant.
41 (14) Any other information the bureau requires.
42 (b) For purposes of subsection (a), an individual certified as a
HB 1162—LS 6594/DI 137 15
1 program participant in the address confidentiality program under
2 IC 5-26.5 is not required to provide the individual's address, but may
3 provide an address designated by the office of the attorney general
4 under IC 5-26.5 as the individual's address.
5 (c) In addition to the information required by subsection (a), an
6 applicant who is required to complete at least fifty (50) hours of
7 supervised practice driving under IC 9-24-3-2.5(a)(1)(E) or
8 IC 9-24-3-2.5(a)(2)(D) must submit to the bureau evidence of the time
9 logged in practice driving.
10 SECTION 18. IC 9-24-9-2.3, AS AMENDED BY P.L.82-2019,
11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 2.3. (a) Except for an application for a minor
13 applicant, an application for a driver's license or permit under this
14 chapter must contain the following questions:
15 (1) "Have you served in the armed forces of the United States?".
16 (2) "Are you the surviving spouse of someone who served in the
17 armed forces of the United States or their reserves, in the National
18 Guard, or in the Indiana National Guard?".
19 (b) In addition to the questions set forth in subsection (a), an
20 application for a driver's license or permit to be issued under this article
21 must enable the applicant to indicate the following:
22 (1) The applicant is a veteran and wishes to have an indication of
23 the applicant's veteran status appear on the driver's license or
24 permit.
25 (2) The applicant is the surviving spouse of a veteran of the armed
26 forces of the United States and wishes to have an indication of the
27 applicant's status as a surviving spouse of a veteran appear on the
28 license or permit.
29 (3) The applicant has a medical condition of note and wishes to
30 have an identifying symbol and a brief description of the medical
31 condition appear on the driver's license or permit.
32 (c) The bureau shall keep in a data base and share the information
33 submitted under subsections (a), (b)(1), and (b)(2) upon request by the
34 Indiana department of veterans' affairs. The information submitted
35 under subsections (a), (b)(1), and (b)(2) may be used by the Indiana
36 department of veterans' affairs to develop outreach programs for
37 veterans and their families.
38 (d) The application for a driver's license or permit under this chapter
39 must indicate that an applicant has the option whether or not to answer
40 the questions set forth in subsection (a).
41 SECTION 19. IC 9-24-9-2.5, AS AMENDED BY P.L.211-2023,
42 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HB 1162—LS 6594/DI 137 16
1 UPON PASSAGE]: Sec. 2.5. In addition to the information required
2 from the applicant for a driver's license or permit under sections 1 and
3 2 of this chapter, the bureau shall require an applicant to present to the
4 bureau valid documentary evidence that the applicant has lawful status.
5 or is granted parole.
6 SECTION 20. IC 9-24-11-5, AS AMENDED BY P.L.211-2023,
7 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (d), a
9 learner's permit or driver's license issued under this article must contain
10 the following information:
11 (1) The full legal name of the permittee or licensee.
12 (2) The date of birth of the permittee or licensee.
13 (3) The address of the principal residence of the permittee or
14 licensee.
15 (4) The hair color and eye color of the permittee or licensee.
16 (5) The date of issue and expiration date of the permit or license.
17 (6) The gender of the permittee or licensee.
18 (7) The unique identifying number of the permit or license.
19 (8) The weight of the permittee or licensee.
20 (9) The height of the permittee or licensee.
21 (10) A reproduction of the signature of the permittee or licensee.
22 (11) If the permittee or licensee is less than eighteen (18) years of
23 age at the time of issuance, the dates, notated prominently, on
24 which the permittee or licensee will become:
25 (A) eighteen (18) years of age; and
26 (B) twenty-one (21) years of age.
27 (12) If the permittee or licensee is at least eighteen (18) years of
28 age but less than twenty-one (21) years of age at the time of
29 issuance, the date, notated prominently, on which the permittee or
30 licensee will become twenty-one (21) years of age.
31 (13) Except as provided in subsection (b), a digital photograph of
32 the permittee or licensee.
33 (b) The bureau may provide for the omission of a photograph or
34 computerized image from any driver's license or learner's permit issued
35 in the form of a physical credential if there is good cause for the
36 omission. However, a driver's license or learner's permit issued without
37 a digital photograph may not be issued in the form of a mobile
38 credential and must include a statement that indicates that the driver's
39 license or learner's permit issued without a digital photograph may not
40 be accepted by a federal agency for federal identification or any other
41 federal purpose.
42 (c) A driver's license or learner's permit issued to an individual who
HB 1162—LS 6594/DI 137 17
1 has
2 (1) temporary lawful status as indicated by:
3 (A) (1) a valid, unexpired nonimmigrant visa or has
4 nonimmigrant visa status for entry in the United States;
5 (B) (2) a pending application for asylum in the United States;
6 (C) (3) a pending or approved application for temporary
7 protected status in the United States;
8 (D) (4) having an approved deferred action status; or
9 (E) (5) a pending application for adjustment of status to that of
10 an alien lawfully admitted for permanent residence in the
11 United States or conditional permanent residence status in the
12 United States; or
13 (2) been granted parole;
14 must be clearly identified as a temporary driver's license or learner's
15 permit. A temporary driver's license or learner's permit issued under
16 this subsection may not be renewed without the presentation of valid
17 documentary evidence proving that the licensee's or permittee's
18 temporary status has been extended.
19 (d) For purposes of subsection (a), an individual certified as a
20 program participant in the address confidentiality program under
21 IC 5-26.5 is not required to provide the address of the individual's
22 principal residence, but may provide an address designated by the
23 office of the attorney general under IC 5-26.5 as the address of the
24 individual's principal residence.
25 SECTION 21. IC 9-24-11-5.5, AS AMENDED BY P.L.120-2020,
26 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]: Sec. 5.5. (a) If an individual has:
28 (1) indicated on the application for a driver's license or learner's
29 permit that the individual is a veteran and wishes to have an
30 indication of the individual's veteran status appear on the driver's
31 license or learner's permit; and
32 (2) provided proof of discharge at the time of application of the
33 individual's veteran status;
34 an indication of the individual's veteran status shall be shown on the
35 driver's license or learner's permit.
36 (b) If an individual has:
37 (1) indicated on the individual's application for a driver's license
38 or learner's permit that the applicant:
39 (A) is a surviving spouse of a veteran; and
40 (B) wishes to have an indication of the applicant's status as a
41 surviving spouse of a veteran appear on the driver's license or
42 learner's permit; and
HB 1162—LS 6594/DI 137 18
1 (2) provided the documentation necessary to verify that the
2 applicant was married, at the time of the decedent's death, to a
3 veteran;
4 an indication of the individual's status as a surviving spouse of a
5 veteran shall be shown on the driver's license or learner's permit.
6 (c) If an individual submits information concerning the individual's
7 medical condition in conjunction with the individual's application for
8 a driver's license or learner's permit, the bureau shall place an
9 identifying symbol in a prominent location on a driver's license or
10 learner's permit to indicate that the individual has a medical condition
11 of note. The bureau shall include information on the individual's
12 driver's license or learner's permit that briefly describes the individual's
13 medical condition. The information must be notated in a manner that
14 alerts an individual reading the driver's license or learner's permit to the
15 existence of the medical condition. The individual submitting the
16 information concerning the medical condition is responsible for its
17 accuracy.
18 (d) Notwithstanding the July 1, 2021, effective date in HEA
19 1506-2019, SECTION 50 (P.L.178-2019), this section takes effect July
20 1, 2020 (rather than July 1, 2021).
21 SECTION 22. IC 9-24-12-1, AS AMENDED BY P.L.211-2023,
22 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 UPON PASSAGE]: Sec. 1. (a) Except as provided in sections 10 and
24 11 of this chapter, a driver's license issued in the form of a physical
25 credential to an applicant who is at least seventy-five (75) years of age
26 expires at midnight of the birthday of the holder that occurs three (3)
27 years following the date of issuance.
28 (b) Except as provided in subsections (a) and (c) and sections 10
29 and 11 of this chapter, a driver's license issued in the form of a physical
30 credential under this article expires at midnight of the birthday of the
31 holder that occurs six (6) years following the date of issuance.
32 (c) A driver's license issued in the form of a physical credential to
33 an individual who is less than twenty-one (21) years of age expires at
34 midnight of the date thirty (30) days after the twenty-first birthday of
35 the holder. However, if the individual complies with IC 9-24-9-2.5, or
36 is granted parole, the driver's license expires:
37 (1) at midnight one (1) year after issuance if there is no expiration
38 date on the authorization granted to the individual to remain in the
39 United States; or
40 (2) if there is an expiration date on the authorization granted to
41 the individual to remain in the United States, the earlier of the
42 following:
HB 1162—LS 6594/DI 137 19
1 (A) At midnight of the date the authorization to remain in the
2 United States expires.
3 (B) At midnight of the date thirty (30) days after the
4 twenty-first birthday of the holder.
5 SECTION 23. IC 9-24-12-4, AS AMENDED BY P.L.211-2023,
6 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 UPON PASSAGE]: Sec. 4. (a) Except as provided in subsections (c)
8 and (d), the application for renewal of:
9 (1) a driver's license;
10 (2) a chauffeur's license (before the expiration of IC 9-24-4 on
11 July 1, 2024);
12 (3) a public passenger chauffeur's license (before the expiration
13 of IC 9-24-5 on July 1, 2022);
14 (4) an identification card; or
15 (5) a photo exempt identification card;
16 under this article may be filed not more than twenty-four (24) months
17 before the expiration date of the license, identification card, or photo
18 exempt identification card held by the applicant.
19 (b) Except as provided in subsections (c) and (d), an application for
20 the renewal of a learner's permit issued under this article may be filed
21 not more than thirty (30) days before the expiration of the learner's
22 permit.
23 (c) When the applicant complies with IC 9-24-9-2.5, or is granted
24 parole, an application for renewal of a driver's license in subsection
25 (a)(1), (a)(2), or (a)(3) may be filed not more than one (1) month before
26 the expiration date of the license held by the applicant.
27 (d) When the applicant complies with IC 9-24-16-3.5, an application
28 for renewal of an identification card under subsection (a)(4) may be
29 filed not more than one (1) month before the expiration date of the
30 identification card held by the applicant.
31 SECTION 24. IC 9-24-12-6, AS AMENDED BY P.L.85-2013,
32 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 6. (a) When the Indiana driver's license of an
34 individual who is temporarily residing outside Indiana because of
35 service in the armed forces of the United States has expired, the driver's
36 license remains valid for ninety (90) days following the individual's
37 discharge from service in the armed forces or postdeployment in the
38 armed forces. To obtain a renewed driver's license, the individual must
39 do the following:
40 (1) Apply for a renewal of the driver's license during the ninety
41 (90) day period following the individual's discharge or
42 postdeployment in the armed forces.
HB 1162—LS 6594/DI 137 20
1 (2) Show proof of the individual's discharge from service in the
2 armed forces or status as postdeployment in the armed forces to
3 the bureau when applying for the renewal.
4 An individual who held a commercial driver's license that expired
5 during the individual's service in the armed forces may renew the
6 commercial driver's license as if the commercial driver's license had
7 not expired but had remained valid during the period of service in the
8 armed forces of the United States.
9 (b) When the Indiana driver's license of an individual who is
10 temporarily residing outside Indiana because of the service of a spouse,
11 parent, or guardian in the armed forces of the United States has
12 expired, the driver's license remains valid for ninety (90) days
13 following the discharge from service in the armed forces or end of
14 deployment in the armed forces of the individual's spouse, parent, or
15 guardian. To obtain a renewed driver's license, the individual must do
16 the following:
17 (1) Apply for a renewal of the driver's license during the ninety
18 (90) day period following the discharge from or end of
19 deployment in the armed forces of the individual's spouse, parent,
20 or guardian.
21 (2) Show proof to the bureau of the proof of discharge from or
22 end of deployment in the armed forces of the individual's spouse,
23 parent, or guardian when applying for the renewal.
24 SECTION 25. IC 9-24-12-11, AS AMENDED BY P.L.211-2023,
25 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 11. (a) This section applies to a driver's license
27 other than a commercial driver's license.
28 (b) If the birthday of a holder on which the holder's driver's license
29 would otherwise expire falls on:
30 (1) Sunday;
31 (2) a legal holiday (as set forth in IC 1-1-9-1); or
32 (3) a weekday when all license branches in the county of
33 residence of the holder are closed;
34 the driver's license of the holder does not expire until midnight of the
35 first day after the birthday on which a license branch is open for
36 business in the county of residence of the holder.
37 (c) A driver's license issued to an applicant who complies with
38 IC 9-24-9-2.5 or who is granted parole expires:
39 (1) at midnight one (1) year after issuance if there is no expiration
40 date on the authorization granted to the individual to remain in the
41 United States; or
42 (2) if there is an expiration date on the authorization granted to
HB 1162—LS 6594/DI 137 21
1 the individual to remain in the United States, the earlier of the
2 following:
3 (A) At midnight of the date the authorization of the holder to
4 have lawful status as a permanent resident or conditional
5 resident alien of the United States expires.
6 (B) At midnight of the birthday of the holder that occurs six
7 (6) years after the date of issuance.
8 (d) A driver's license expires upon the bureau receiving notice
9 of the death of the holder.
10 SECTION 26. IC 9-24-14-3.5, AS AMENDED BY P.L.211-2023,
11 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 3.5. (a) If a valid computerized image or digital
13 photograph of an individual exists within the records of the bureau, an
14 individual may apply for a replacement driver's license or learner's
15 permit issued in the form of a physical credential by electronic service.
16 (b) An individual may apply by electronic service for the
17 individual's driver's license or learner's permit to be converted
18 into an identification card for a nondriver.
19 (b) (c) An individual applying for a replacement of a driver's license
20 or a learner's permit issued in the form of a physical credential must
21 apply in person at a license branch if the individual is not entitled to
22 apply by mail or by electronic service. under subsection (a).
23 SECTION 27. IC 9-24-16-1, AS AMENDED BY P.L.211-2023,
24 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 UPON PASSAGE]: Sec. 1. The bureau shall issue an identification
26 card in the form of a physical credential to an individual who meets the
27 following conditions:
28 (1) Makes an application.
29 (2) Is an Indiana resident.
30 (3) Has presented valid documentary evidence to the bureau of
31 the individual's lawful status in the United States, or valid
32 documentary evidence that the individual is granted parole, as
33 required by section 3.5 of this chapter.
34 SECTION 28. IC 9-24-16-2, AS AMENDED BY P.L.211-2023,
35 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2024]: Sec. 2. (a) Except for an application for a minor
37 applicant, an application for an identification card to be issued under
38 this chapter in the form of a physical credential must contain the
39 following questions:
40 (1) "Have you served in the armed forces of the United States?".
41 (2) "Are you the surviving spouse of someone who served in the
42 armed forces of the United States or their reserves, in the National
HB 1162—LS 6594/DI 137 22
1 Guard, or in the Indiana National Guard?".
2 (b) In addition to the questions set forth in subsection (a), an
3 application for an identification card issued under this chapter in the
4 form of a physical credential must require the following information
5 concerning an applicant:
6 (1) The full legal name of the applicant.
7 (2) The applicant's date of birth.
8 (3) The gender of the applicant.
9 (4) The applicant's height, weight, hair color, and eye color.
10 (5) The principal address and mailing address of the applicant.
11 (6) A:
12 (A) valid Social Security number; or
13 (B) verification of an applicant's:
14 (i) ineligibility to be issued a Social Security number;
15 (ii) identity; and
16 (iii) lawful status. except for an individual granted parole.
17 (7) A digital photograph of the applicant.
18 (8) The signature of the applicant showing the applicant's legal
19 name as it will appear on the identification card issued in the form
20 of a physical credential.
21 (9) If the applicant is also applying for a motor driven cycle
22 endorsement, verification that the applicant has satisfactorily
23 completed the test required under section 3.6 of this chapter.
24 (c) The bureau may invalidate an identification card issued in the
25 form of a physical credential that the bureau believes to have been
26 issued as a result of fraudulent documentation.
27 (d) The bureau:
28 (1) shall adopt rules under IC 4-22-2 to establish a procedure to
29 verify an applicant's identity and lawful status; and
30 (2) may adopt rules to establish a procedure to temporarily
31 invalidate an identification card issued in the form of a physical
32 credential that it believes to have been issued based on fraudulent
33 documentation.
34 (e) For purposes of subsection (b), an individual certified as a
35 program participant in the address confidentiality program under
36 IC 5-26.5 is not required to provide the individual's principal address
37 and mailing address, but may provide an address designated by the
38 office of the attorney general under IC 5-26.5 as the individual's
39 principal address and mailing address.
40 (f) In addition to the information required under subsection (b), an
41 application for an identification card to be issued under this chapter in
42 the form of a physical credential must enable the applicant to indicate
HB 1162—LS 6594/DI 137 23
1 that the applicant is a veteran and wishes to have an indication of the
2 applicant's veteran status appear on the identification card issued in the
3 form of a physical credential. An applicant who wishes to have an
4 indication of the applicant's veteran status appear on the identification
5 card issued in the form of a physical credential must:
6 (1) indicate on the application that the applicant:
7 (A) is a veteran; and
8 (B) wishes to have an indication of the applicant's veteran
9 status appear on the identification card; and
10 (2) provide proof of discharge at the time of application of the
11 applicant's veteran status.
12 (g) In addition to the information required under subsection (b), an
13 application for an identification card to be issued under this chapter in
14 the form of a physical credential must enable the applicant to indicate
15 that the applicant is a surviving spouse of a veteran and wishes to have
16 an indication of the applicant's status as a surviving spouse of a veteran
17 appear on the identification card issued in the form of a physical
18 credential. An applicant who wishes to have an indication of the
19 applicant's status as a surviving spouse of a veteran appear on the
20 identification card issued in the form of a physical credential must:
21 (1) indicate on the application that the applicant:
22 (A) is the surviving spouse of a veteran of the armed forces of
23 the United States; and
24 (B) wishes to have an indication of the applicant's status as a
25 surviving spouse of a veteran appear on the identification card
26 issued in the form of a physical credential; and
27 (2) provide the documentation necessary to verify that the
28 applicant was married, at the time of the decedent's death, to a
29 veteran.
30 (h) The bureau shall keep in a data base and share the information
31 submitted under subsections (a) and (g) at least annually with the
32 Indiana department of veterans' affairs. The information submitted
33 under subsections (a) and (g) may be used by the Indiana department
34 of veterans' affairs to develop outreach programs for veterans and their
35 families.
36 (i) The application for an identification card to be issued under this
37 chapter in the form of a physical credential must indicate that an
38 applicant has the option whether or not to answer the questions set
39 forth in subsection (a).
40 SECTION 29. IC 9-24-16-3, AS AMENDED BY P.L.211-2023,
41 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 UPON PASSAGE]: Sec. 3. (a) An identification card:
HB 1162—LS 6594/DI 137 24
1 (1) issued in the form of a physical credential must have the same
2 dimensions and shape as a driver's license; and
3 (2) in the form of a mobile credential must contain the same data
4 contained in a driver's license;
5 but the card must have markings sufficient to distinguish the card from
6 a driver's license.
7 (b) Except as provided in subsection (g), the front side of an
8 identification card issued in the form of a physical credential must
9 contain the expiration date of the identification card and the following
10 information about the individual to whom the card is being issued:
11 (1) Full legal name.
12 (2) The address of the principal residence.
13 (3) Date of birth.
14 (4) Date of issue and date of expiration.
15 (5) Unique identification number.
16 (6) Gender.
17 (7) Weight.
18 (8) Height.
19 (9) Color of eyes and hair.
20 (10) Reproduction of the signature of the individual identified.
21 (11) Whether the individual is blind (as defined in
22 IC 12-7-2-21(1)).
23 (12) If the individual is less than eighteen (18) years of age at the
24 time of issuance, the dates on which the individual will become:
25 (A) eighteen (18) years of age; and
26 (B) twenty-one (21) years of age.
27 (13) If the individual is at least eighteen (18) years of age but less
28 than twenty-one (21) years of age at the time of issuance, the date
29 on which the individual will become twenty-one (21) years of age.
30 (14) Digital photograph of the individual.
31 (c) The information contained on the identification card as required
32 by subsection (b)(12) or (b)(13) for an individual who is less than
33 twenty-one (21) years of age at the time of issuance shall be notated
34 prominently on the identification card issued in the form of a physical
35 credential.
36 (d) If the individual complies with section 2(f) or 2(g) of this
37 chapter, an indication of the individual's veteran status or status as the
38 surviving spouse of a veteran of the armed forces of the United States,
39 as applicable, shall be shown on the identification card issued in the
40 form of a physical credential.
41 (e) If the applicant for an identification card issued in the form of a
42 physical credential submits information to the bureau concerning the
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1 applicant's medical condition, the bureau shall place an identifying
2 symbol on the face of the identification card issued in the form of a
3 physical credential to indicate that the applicant has a medical
4 condition of note. The bureau shall include information on the
5 identification card issued in the form of a physical credential that
6 briefly describes the medical condition of the holder of the card issued
7 in the form of a physical credential. The information must be printed
8 in a manner that alerts a person reading the card issued in the form of
9 a physical credential to the existence of the medical condition. The
10 applicant for an identification card issued in the form of a physical
11 credential is responsible for the accuracy of the information concerning
12 the medical condition submitted under this subsection. The bureau
13 shall inform an applicant that submission of information under this
14 subsection is voluntary.
15 (f) An identification card issued by the state to an individual who
16 has
17 (1) temporary lawful status as indicated by:
18 (A) (1) a valid, unexpired nonimmigrant visa or has
19 nonimmigrant visa status for entry in the United States;
20 (B) (2) a pending application for asylum in the United States;
21 (C) (3) a pending or approved application for temporary
22 protected status in the United States;
23 (D) (4) having an approved deferred action status; or
24 (E) (5) a pending application for adjustment of status to that of
25 an alien lawfully admitted for permanent residence in the
26 United States or conditional permanent residence status in the
27 United States; or
28 (2) been granted parole;
29 must be issued in the form of a physical credential and clearly
30 identified as a temporary identification card. A temporary identification
31 card issued under this subsection may not be renewed without the
32 presentation of valid documentary evidence proving that the holder of
33 the identification card's temporary status has been extended.
34 (g) For purposes of subsection (b), an individual certified as a
35 program participant in the address confidentiality program under
36 IC 5-26.5 is not required to provide the address of the individual's
37 principal residence, but may provide an address designated by the
38 office of the attorney general under IC 5-26.5 as the address of the
39 individual's principal residence.
40 (h) The bureau shall validate an identification card issued in the
41 form of a physical credential for motor driven cycle operation upon a
42 highway by endorsement to an individual who:
HB 1162—LS 6594/DI 137 26
1 (1) applies for or has previously been issued an identification card
2 under this chapter;
3 (2) makes the appropriate application for endorsement; and
4 (3) satisfactorily completes the test required under section 3.6 of
5 this chapter.
6 The bureau shall place a designation on the face of the identification
7 card issued in the form of a physical credential to indicate that the
8 individual has received a motor driven cycle endorsement.
9 SECTION 30. IC 9-24-16-3.5, AS AMENDED BY P.L.211-2023,
10 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 UPON PASSAGE]: Sec. 3.5. In addition to the information required for
12 the applicant for an identification card under section 3 of this chapter,
13 the bureau shall require an applicant to present to the bureau:
14 (1) valid documentary evidence that the applicant has:
15 (A) lawful status; or
16 (B) a pending application for adjustment of status to that of an
17 alien lawfully admitted for permanent residence in the United
18 States or conditional permanent resident status in the United
19 States; or
20 (C) been granted parole; and
21 (2) evidence of the Social Security number of the applicant. If
22 federal law prohibits the issuance of a Social Security number to
23 the applicant, the applicant must provide verification of the
24 applicant's ineligibility to be issued a Social Security number.
25 SECTION 31. IC 9-24-16-4.5, AS AMENDED BY P.L.211-2023,
26 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]: Sec. 4.5. (a) The bureau may adopt rules under
28 IC 4-22-2 concerning the ability of an individual to renew an
29 identification card issued in the form of a physical credential under
30 section 5 of this chapter, An individual may apply for a replacement
31 identification card issued in the form of a physical credential under
32 section 9 of this chapter, or apply for a replacement identification card
33 issued in the form of a physical credential under section 6 of this
34 chapter, or convert a driver's license or learner's permit into an
35 identification card under IC 9-24-14-3.5 by electronic service. If
36 rules are adopted under this subsection, the rules must provide that An
37 individual's renewal, amendment, or replacement of, or conversion to
38 an identification card issued in the form of a physical credential by
39 electronic service is subject to the following conditions:
40 (1) A valid computerized image or digital photograph of the
41 individual must exist within the records of the bureau.
42 (2) The individual must be a citizen of the United States, as
HB 1162—LS 6594/DI 137 27
1 shown in the records of the bureau.
2 (3) There must not have been any change in the:
3 (A) legal address; or
4 (B) name;
5 of the individual since the issuance or previous renewal of the
6 identification card issued in the form of a physical credential of
7 the individual.
8 (4) The identification card issued in the form of a physical
9 credential of the individual must not be expired more than one
10 hundred eighty (180) days at the time of the application for
11 renewal.
12 (b) An individual applying for:
13 (1) the renewal of an identification card; or
14 (2) a replacement identification card;
15 must apply in person if the individual is not entitled to apply by mail or
16 by electronic service under subsection (a).
17 SECTION 32. IC 9-24-16-5, AS AMENDED BY P.L.211-2023,
18 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]: Sec. 5. (a) An application for renewal of an
20 identification card issued in the form of a physical credential may be
21 made not more than twenty-four (24) months before the expiration date
22 of the card issued in the form of a physical credential. However, when
23 the applicant complies with section 3.5 of this chapter, an application
24 for renewal of an identification card issued in the form of a physical
25 credential may be filed not more than one (1) month before the
26 expiration date of the identification card issued in the form of a
27 physical credential held by the applicant.
28 (b) Except as provided in subsection (d), a renewed card issued in
29 the form of a physical credential is valid on the birth date of the holder
30 and remains valid for six (6) years.
31 (c) Renewal may not be granted if the cardholder was issued a
32 driver's license issued in the form of a physical credential subsequent
33 to the last issuance of an identification card issued in the form of a
34 physical credential.
35 (d) A renewed identification card issued under this article in the
36 form of a physical credential to an applicant who complies with section
37 3.5 of this chapter expires:
38 (1) at midnight one (1) year after issuance, if there is no
39 expiration date on the authorization granted to the individual to
40 remain in the United States; or
41 (2) if there is an expiration date on the authorization granted to
42 the individual to remain in the United States, the earlier of the
HB 1162—LS 6594/DI 137 28
1 following:
2 (A) At midnight of the date the authorization of the holder to
3 have lawful status as a permanent resident or conditional
4 resident alien of the United States expires.
5 (B) At midnight of the birthday of the holder that occurs six
6 (6) years after the date of issuance.
7 (e) An identification card expires upon the bureau receiving
8 notice of the death of the holder.
9 SECTION 33. IC 9-24-17.5-2, AS AMENDED BY P.L.211-2023,
10 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 2. (a) In addition to a physical credential issued
12 under this article, upon request by an applicant, the bureau may issue
13 a mobile credential to an individual who satisfies the requirements for
14 application under this article for the following:
15 (1) A driver's license.
16 (2) A learner's permit.
17 (3) An identification card.
18 (4) A commercial driver's license issued under IC 9-24-6.1.
19 (5) A commercial learner's permit issued under IC 9-24-6.1.
20 (b) The bureau may not issue a mobile credential for:
21 (1) a commercial driver's license issued under IC 9-24-6.1;
22 (2) a commercial learner's permit issued under IC 9-24-6.1;
23 (3) (1) a motorcycle learner's permit issued under IC 9-24-8-3;
24 (4) (2) a photo exempt driver's license issued under
25 IC 9-24-11-5(b); or
26 (5) (3) a photo exempt identification card issued under
27 IC 9-24-16.5.
28 SECTION 34. IC 9-24-18-9, AS AMENDED BY P.L.198-2016,
29 SECTION 532, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The bureau may establish a
31 driving record for an Indiana resident who does not hold any type of
32 valid driving license. The driving record shall be established for an
33 unlicensed driver when the bureau receives an abstract of court
34 conviction for the type of conviction that would appear on an official
35 driver's record.
36 (b) If an unlicensed driver applies for and receives any type of
37 driver's license in Indiana, the individual's driving record as an
38 unlicensed driver shall be recorded on the permanent record file.
39 (c) The bureau shall also certify traffic violation convictions on the
40 driving record of an unlicensed driver who subsequently receives an
41 Indiana driver's license.
42 (d) A driving record established under this section must include the
HB 1162—LS 6594/DI 137 29
1 following:
2 (1) The individual's convictions for any of the following:
3 (A) A moving traffic violation.
4 (B) Operating a vehicle without financial responsibility in
5 violation of IC 9-25.
6 (2) Any administrative penalty imposed by the bureau.
7 (3) Any suspensions, revocations, or reinstatements of the
8 individual's driving privileges, license, or permit.
9 (4) If the driving privileges of the individual have been suspended
10 or revoked by the bureau, an entry in the record stating that a
11 notice of suspension or revocation was mailed to the individual by
12 the bureau or sent electronically if the individual has indicated
13 a preference for receiving notices from the bureau
14 electronically, and the date of the mailing or sending of the
15 notice.
16 (5) Any requirement that the individual may operate only a motor
17 vehicle equipped with a certified ignition interlock device.
18 A driving record may not contain voter registration information.
19 SECTION 35. IC 9-24-19-8, AS AMENDED BY P.L.147-2018,
20 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2024]: Sec. 8. Service by the bureau of motor vehicles of a
22 notice or an order suspending or revoking an individual's driving
23 privileges by mailing the notice or order by first class mail to the
24 individual at the last address shown for the individual in the records of
25 the bureau, or by sending the notice or order electronically if the
26 individual has indicated a preference for receiving notices from the
27 bureau electronically, establishes a rebuttable presumption that the
28 individual knows that the individual's driving privileges are suspended
29 or revoked, as applicable.
30 SECTION 36. IC 9-25-5-3, AS AMENDED BY P.L.149-2015,
31 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2024]: Sec. 3. (a) A request for evidence of financial
33 responsibility must do the following:
34 (1) Direct the person to provide the bureau with evidence that
35 financial responsibility was in effect with respect to the motor
36 vehicle, or the operation of the motor vehicle, operated by the
37 person on the date requested.
38 (2) Instruct the person on how to furnish the bureau with evidence
39 of financial responsibility in compliance with this article.
40 (3) Inform the person that failure to furnish evidence of financial
41 responsibility to the bureau, if not already provided, will result in
42 suspension of the person's current driving privileges or motor
HB 1162—LS 6594/DI 137 30
1 vehicle registration, or both, under this article.
2 (b) The bureau shall mail a request for evidence of financial
3 responsibility to a person by first class mail to the mailing address of
4 the person appearing in the records of the bureau or send the request
5 electronically if the person has indicated a preference for receiving
6 requests from the bureau electronically.
7 SECTION 37. IC 9-28-2-9, AS AMENDED BY P.L.188-2015,
8 SECTION 103, IS AMENDED TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) Upon written notification
10 from a jurisdiction that is a party to an agreement entered into under
11 this chapter, the bureau shall take appropriate action against a licensed
12 driver for failure to meet the conditions set out in the citation of the
13 jurisdiction in which the traffic offense occurred.
14 (b) The bureau shall notify the driver by first class mail, or
15 electronically if the driver has indicated a preference for receiving
16 requests from the bureau electronically, of the request by the
17 respective jurisdiction to have the driver's driving privileges suspended.
18 For the purposes of this chapter, a written notice sent to the driver's last
19 registered address with the bureau meets the conditions of due notice.
20 (c) The driver has fifteen (15) days from the date of notice to satisfy
21 the conditions of the citation issued by the jurisdiction or to request a
22 hearing before a bureau hearing officer to show evidence or present
23 information why the bureau should not suspend the driver's driving
24 privileges for failure to meet the terms of the citation.
25 (d) Upon holding the hearing, the bureau may suspend the driver's
26 driving privileges until the conditions of the citation are met or a
27 release from the citing jurisdiction is obtained.
28 (e) If the bureau does not receive information from the driver
29 concerning the notification, the bureau shall suspend the driver's
30 driving privileges until the conditions of the citation are met or a
31 release is obtained.
32 (f) A driver whose driving privileges have been suspended for
33 failure to meet the conditions of a citation in another jurisdiction is not
34 eligible for specialized driving privileges under IC 9-30-16.
35 (g) The bureau may not suspend driving privileges under this
36 section for a nonmoving traffic offense occurring in another
37 jurisdiction.
38 SECTION 38. IC 9-30-3-8, AS AMENDED BY P.L.211-2023,
39 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2024]: Sec. 8. (a) Except as provided in subsection (b), the
41 court may issue a warrant for the arrest of a defendant who is an
42 Indiana resident who:
HB 1162—LS 6594/DI 137 31
1 (1) fails to appear or answer a traffic information and summons
2 for a misdemeanor or felony; or
3 (2) fails to appear or answer a complaint and summons for a
4 misdemeanor or felony served upon the defendant.
5 If the warrant is not executed within thirty (30) days after issue, the
6 court shall promptly forward the court copy of the traffic information
7 and summons or complaint and summons to the bureau indicating that
8 the defendant failed to appear in court as ordered. The court shall then
9 mark the case as failure to appear on the court's records.
10 (b) If a defendant who is not an Indiana resident or a minor who is
11 an Indiana resident fails to appear or answer a traffic summons served
12 upon the defendant or minor and upon which the information or
13 complaint has been filed thirty (30) days after the return date of the
14 information and summons or complaint and summons, the court shall
15 promptly forward the court copy of the traffic information and
16 summons or complaint and summons to the bureau. If the defendant is
17 a nonresident, the bureau shall notify the motor vehicle commission of
18 the state of the nonresident defendant of the defendant's failure to
19 appear and also of any action taken by the bureau relative to the
20 Indiana driving privileges of the defendant. If the defendant or minor
21 fails to appear or otherwise answer within thirty (30) days, the court
22 shall mark the case as failure to appear on the court's records.
23 (c) The court may suspend the driving privileges of a defendant who
24 fails to satisfy a judgment entered against the defendant for:
25 (1) commission of a moving traffic offense as defined by
26 IC 9-13-2-110; or
27 (2) commission of a traffic infraction listed in 140 IAC 1-4.5-10;
28 for a period of three (3) years from the date set by the court under
29 IC 34-28-5-6. The court shall forward notice to the bureau indicating
30 that the defendant failed to pay as ordered.
31 (d) If the bureau receives a copy of the traffic information and
32 summons or complaint under subsection (a) or a notice of failure to pay
33 under subsection (c), either on a form prescribed by the bureau or in an
34 electronic format prescribed by the office of judicial administration, the
35 bureau shall suspend the driving privileges of the defendant until:
36 (1) the defendant appears in court;
37 (2) the case has been disposed of;
38 (3) payment is received by the court; or
39 (4) three (3) years from a date set by the court under subsection
40 (c).
41 The order of suspension may be served upon the defendant by mailing
42 the order by first class mail to the defendant at the last address shown
HB 1162—LS 6594/DI 137 32
1 for the defendant or minor in the records of the bureau or by sending
2 the order electronically if the defendant has indicated a preference
3 for receiving notices from the bureau electronically. A suspension
4 under this section begins thirty (30) days after the date the notice of
5 suspension is mailed or sent electronically by the bureau to the
6 defendant.
7 (e) For nonresidents of Indiana or a minor resident of Indiana under
8 subsection (b), the order of suspension shall be mailed to the defendant
9 or minor at the address given to the arresting officer or the clerk of
10 court by the defendant or minor as shown by the traffic information or
11 complaint. A copy of the order shall also be sent to the motor vehicle
12 bureau of the state of the nonresident defendant and the bureau. If:
13 (1) the defendant's or minor's failure to appear in court has been
14 certified to the bureau under this chapter; and
15 (2) the defendant or minor subsequently appears in court to
16 answer the charges against the defendant or minor;
17 the court shall proceed to hear and determine the case in the same
18 manner as other cases pending in the court. Upon final determination
19 of the case, the court shall notify the bureau of the determination either
20 in an electronic format or upon forms prescribed by the bureau. The
21 notification shall be made by the court within ten (10) days after the
22 final determination of the case, and information from the original copy
23 of the traffic information and summons or complaint and summons
24 must accompany the notification.
25 (f) If the bureau receives notice that a defendant or minor failed to
26 appear under subsection (b), the bureau shall suspend the defendant's
27 or minor's Indiana driving privileges until either:
28 (1) the defendant or minor appears in court to answer for the
29 charges against the defendant or minor; or
30 (2) the case is disposed of.
31 (g) This section does not preclude preliminary proceedings under
32 IC 35-33.
33 SECTION 39. IC 9-30-4-6.1, AS ADDED BY P.L.198-2016,
34 SECTION 598, IS AMENDED TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2024]: Sec. 6.1. (a) The bureau shall suspend
36 or revoke the current driver's license or driving privileges and all
37 certificates of registration and proof of registration issued to or
38 registered in the name of an individual who is convicted of any of the
39 following:
40 (1) Manslaughter or reckless homicide resulting from the
41 operation of a motor vehicle.
42 (2) Knowingly making a false application, or committing perjury
HB 1162—LS 6594/DI 137 33
1 with respect to an application made, under:
2 (A) this chapter; or
3 (B) any other law requiring the registration of motor vehicles
4 or regulating motor vehicle operation on highways.
5 (3) Three (3) charges of criminal recklessness involving the use
6 of a motor vehicle within the preceding twelve (12) months.
7 (4) Failure to stop and give information or assistance or failure to
8 stop and disclose the individual's identity at the scene of an
9 accident that has resulted in death, personal injury, or property
10 damage in excess of two hundred dollars ($200).
11 However, and unless otherwise required by law, the bureau may not
12 suspend a certificate of registration or proof of registration if the
13 individual gives and maintains, during the three (3) years following the
14 date of suspension or revocation, proof of financial responsibility in the
15 future in the manner specified in this section.
16 (b) The bureau shall suspend a driver's license or driving privileges
17 of an individual upon conviction in another jurisdiction for the
18 following:
19 (1) Manslaughter or reckless homicide resulting from the
20 operation of a motor vehicle.
21 (2) Knowingly making a false application, or committing perjury
22 with respect to an application made, under:
23 (A) this chapter; or
24 (B) any other law requiring the registration of motor vehicles
25 or regulating motor vehicle operation on highways.
26 (3) Three (3) charges of criminal recklessness involving the use
27 of a motor vehicle within the preceding twelve (12) months.
28 (4) Failure to stop and give information or assistance or failure to
29 stop and disclose the individual's identity at the scene of an
30 accident that has resulted in death, personal injury, or property
31 damage in excess of two hundred dollars ($200).
32 However, if property damage under subdivision (4) is equal to or less
33 than two hundred dollars ($200), the bureau may determine whether
34 the driver's license or driving privileges and certificates of registration
35 and proof of registration shall be suspended or revoked.
36 (c) An individual whose driving privileges are suspended under this
37 chapter is eligible for specialized driving privileges under IC 9-30-16.
38 (d) A suspension or revocation remains in effect and a new or
39 renewal license may not be issued to the individual and a motor vehicle
40 may not be registered in the name of the individual as follows:
41 (1) Except as provided in subdivision (2), for six (6) months after
42 the date of conviction or on the date on which the individual is
HB 1162—LS 6594/DI 137 34
1 otherwise eligible for a license, whichever is later.
2 (2) Upon conviction of an offense described in subsection (a)(1),
3 (a)(4), (b)(1), or (b)(4), when the accident has resulted in death,
4 for a fixed period of at least two (2) years and not more than five
5 (5) years, to be fixed by the bureau based upon recommendation
6 of the court entering a conviction. A new or reinstated driver's
7 license or driving privileges may not be issued to the individual
8 unless that individual, within the three (3) years following the
9 expiration of the suspension or revocation, gives and maintains in
10 force at all times during the effective period of a new or reinstated
11 license proof of financial responsibility in the future in the
12 manner specified in this chapter. However, the liability of the
13 insurance carrier under a motor vehicle liability policy that is
14 furnished for proof of financial responsibility in the future as set
15 out in this chapter becomes absolute whenever loss or damage
16 covered by the policy occurs, and the satisfaction by the insured
17 of a final judgment for loss or damage is not a condition precedent
18 to the right or obligation of the carrier to make payment on
19 account of loss or damage, but the insurance carrier has the right
20 to settle a claim covered by the policy. If the settlement is made
21 in good faith, the amount must be deducted from the limits of
22 liability specified in the policy. A policy may not be canceled or
23 annulled with respect to a loss or damage by an agreement
24 between the carrier and the insured after the insured has become
25 responsible for the loss or damage, and a cancellation or
26 annulment is void. The policy may provide that the insured or any
27 other person covered by the policy shall reimburse the insurance
28 carrier for payment made on account of any loss or damage claim
29 or suit involving a breach of the terms, provisions, or conditions
30 of the policy. If the policy provides for limits that exceed the
31 limits specified in this chapter, the insurance carrier may plead
32 against any plaintiff, with respect to the amount of the excess
33 limits of liability, any defenses that the carrier may be entitled to
34 plead against the insured. The policy may further provide for
35 prorating of the insurance with other applicable valid and
36 collectible insurance. An action does not lie against the insurance
37 carrier by or on behalf of any claimant under the policy until a
38 final judgment has been obtained after actual trial by or on behalf
39 of any claimant under the policy.
40 (e) The bureau may take action as required in this section upon
41 receiving satisfactory evidence of a conviction of an individual in
42 another state.
HB 1162—LS 6594/DI 137 35
1 (f) A suspension or revocation under this section or IC 9-30-13-0.5
2 stands pending appeal of the conviction to a higher court and may be
3 set aside or modified only upon the receipt by the bureau of the
4 certificate of the court reversing or modifying the judgment that the
5 cause has been reversed or modified. However, if the suspension or
6 revocation follows a conviction in a court of no record in Indiana, the
7 suspension or revocation is stayed pending appeal of the conviction to
8 a court of record.
9 (g) A person aggrieved by an order or act of the bureau under this
10 section or IC 9-30-13-0.5 may file a petition for a court review.
11 (h) An entry in the driving record of a defendant stating that notice
12 of suspension or revocation was mailed by the bureau, or sent
13 electronically if the defendant has indicated a preference for
14 receiving notices from the bureau electronically, to the defendant
15 constitutes prima facie evidence that the notice was mailed to the
16 defendant's address as shown in the records of the bureau.
17 SECTION 40. IC 9-30-4-13, AS AMENDED BY P.L.125-2012,
18 SECTION 334, IS AMENDED TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) Whenever the bureau is
20 authorized or required to give notice under this chapter or any other
21 law regulating the operation of vehicles, unless a different method of
22 giving notice is otherwise expressly prescribed, the notice may be
23 given either by personal delivery to the person to be notified, or by
24 deposit with the United States Postal Service of the notice by first class
25 mail, or sent electronically if the person has indicated a preference
26 for receiving notices from the bureau electronically.
27 (b) A person who, after notification, fails to return or surrender to
28 the bureau upon demand a suspended, revoked, or invalidated driver's
29 license, permit, certificate of registration, or license plate commits a
30 Class C misdemeanor. The bureau may file with the prosecuting
31 attorney of the county in which the person resides an affidavit charging
32 the person with the offense.
33 SECTION 41. IC 9-30-6-8.5, AS AMENDED BY P.L.149-2015,
34 SECTION 103, IS AMENDED TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2024]: Sec. 8.5. If the bureau receives an order
36 recommending use of an ignition interlock device under section 8(d)
37 of this chapter, the bureau shall immediately do the following:
38 (1) Mail notice to the person's address contained in the records of
39 the bureau, or send notice electronically if the person has
40 indicated a preference for receiving notices from the bureau
41 electronically, stating that the person may not operate a motor
42 vehicle unless the motor vehicle is equipped with a functioning
HB 1162—LS 6594/DI 137 36
1 certified ignition interlock device under IC 9-30-8 commencing:
2 (A) five (5) days after the date of the notice; or
3 (B) on the date the court enters an order recommending use of
4 an ignition interlock device;
5 whichever occurs first.
6 (2) Notify the person of the right to a judicial review under
7 section 10 of this chapter.
8 SECTION 42. IC 9-30-6-9, AS AMENDED BY P.L.188-2015,
9 SECTION 111, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) This section does not apply
11 if an ignition interlock device order is issued under section 8(d) of this
12 chapter.
13 (b) If the affidavit under section 8(b) of this chapter states that a
14 person refused to submit to a chemical test, the bureau shall suspend
15 the driving privileges of the person:
16 (1) for:
17 (A) one (1) year; or
18 (B) if the person has at least one (1) previous conviction for
19 operating while intoxicated, two (2) years; or
20 (2) until the suspension is ordered terminated under IC 9-30-5.
21 (c) If the affidavit under section 8(b) of this chapter states that a
22 chemical test resulted in prima facie evidence that a person was
23 intoxicated, the bureau shall suspend the driving privileges of the
24 person:
25 (1) for one hundred eighty (180) days; or
26 (2) until the bureau is notified by a court that the charges have
27 been disposed of;
28 whichever occurs first.
29 (d) Whenever the bureau is required to suspend a person's driving
30 privileges under this section, the bureau shall immediately do the
31 following:
32 (1) Mail notice to the person's address contained in the records of
33 the bureau, or send the notice electronically if the person has
34 indicated a preference for receiving notices from the bureau
35 electronically, stating that the person's driving privileges will be
36 suspended for a specified period, commencing:
37 (A) seven (7) days after the date of the notice; or
38 (B) on the date the court enters an order recommending
39 suspension of the person's driving privileges under section 8(c)
40 of this chapter;
41 whichever occurs first.
42 (2) Notify the person of the right to a judicial review under
HB 1162—LS 6594/DI 137 37
1 section 10 of this chapter.
2 SECTION 43. IC 9-30-10-5, AS AMENDED BY P.L.188-2015,
3 SECTION 114, IS AMENDED TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) If it appears from the records
5 maintained by the bureau that a person's driving record makes the
6 person a habitual violator under section 4 of this chapter and a court
7 has not already found the person to be a habitual violator under section
8 6.5 of this chapter based on the same underlying violations, the bureau
9 shall mail a notice to the person's last known address, or send the
10 notice electronically if the person has indicated a preference for
11 receiving notices from the bureau electronically, that informs the
12 person that the person's driving privileges will be suspended in thirty
13 (30) days because the person is a habitual violator according to the
14 records of the bureau.
15 (b) Thirty (30) days after the bureau has mailed a notice under this
16 section, the bureau shall suspend the person's driving privileges for:
17 (1) except as provided in subdivision (2), ten (10) years if the
18 person is a habitual violator under section 4(a) of this chapter;
19 (2) life if the person is a habitual violator under section 4(a) of
20 this chapter and has at least two (2) violations under section
21 4(a)(4) through 4(a)(7) of this chapter;
22 (3) ten (10) years if the person is a habitual violator under section
23 4(b) of this chapter; or
24 (4) five (5) years if the person is a habitual violator under section
25 4(c) of this chapter.
26 (c) The notice must inform the person that the person may be
27 entitled to relief under IC 9-33-2.
28 (d) Notwithstanding subsection (b), if the bureau does not discover
29 that a person's driving record makes the person a habitual violator
30 under section 4 of this chapter for more than two (2) years after the
31 bureau receives the person's final qualifying conviction, the bureau
32 shall not suspend the person's driving privileges for any period.
33 SECTION 44. IC 9-30-10-16, AS AMENDED BY P.L.188-2015,
34 SECTION 117, IS AMENDED TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2024]: Sec. 16. (a) A person who operates a
36 motor vehicle:
37 (1) while the person's driving privileges are validly suspended
38 under this chapter or IC 9-12-2 (repealed July 1, 1991) and the
39 person knows that the person's driving privileges are suspended;
40 or
41 (2) in violation of restrictions imposed under this chapter or
42 IC 9-12-2 (repealed July 1, 1991) and who knows of the existence
HB 1162—LS 6594/DI 137 38
1 of the restrictions;
2 commits a Level 6 felony.
3 (b) Service by the bureau of notice of the suspension or restriction
4 of a person's driving privileges under subsection (a)(1) or (a)(2):
5 (1) in compliance with section 5 of this chapter; and
6 (2) by first class mail, or electronically if the person has
7 indicated a preference for receiving notices from the bureau
8 electronically, to the person at the last address shown for the
9 person in the bureau's records;
10 establishes a rebuttable presumption that the person knows that the
11 person's driving privileges are suspended or restricted.
12 SECTION 45. IC 9-30-13-6, AS AMENDED BY P.L.217-2014,
13 SECTION 150, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The bureau shall, upon
15 receiving an order of a court issued under IC 31-16-12-7 (or
16 IC 31-14-12-4 before its repeal), suspend the driving privileges of the
17 person who is the subject of the order.
18 (b) The bureau may not reinstate driving privileges suspended under
19 this section until the bureau receives an order allowing reinstatement
20 from the court that issued the order for suspension.
21 (c) Upon receiving an order for suspension under subsection (a), the
22 bureau shall promptly mail a notice to the last known address of the
23 person who is the subject of the order, or send the notice
24 electronically if the person has indicated a preference for receiving
25 notices from the bureau electronically, stating the following:
26 (1) That the person's driving privileges are suspended, beginning
27 eighteen (18) business days after the date the notice is mailed, and
28 that the suspension will terminate ten (10) business days after the
29 bureau receives an order allowing reinstatement from the court
30 that issued the suspension order.
31 (2) That the person has the right to petition for reinstatement of
32 driving privileges to the court that issued the order for suspension.
33 (d) A person who operates a motor vehicle in violation of this
34 section commits a Class A infraction, unless:
35 (1) the person's driving privileges are suspended under this
36 section; and
37 (2) the person has been granted specialized driving privileges
38 under IC 9-30-16 as a result of the suspension under this section.
39 SECTION 46. IC 9-30-13-8, AS AMENDED BY P.L.217-2014,
40 SECTION 152, IS AMENDED TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) Upon receiving an order
42 issued by a court under IC 35-43-4-8(b) concerning a person convicted
HB 1162—LS 6594/DI 137 39
1 of fuel theft, the bureau shall do the following:
2 (1) Suspend under subsection (b) the driving privileges of the
3 person who is the subject of the order, whether or not the person's
4 current driver's license accompanies the order.
5 (2) Mail to the last known address of the person who is the subject
6 of the order, or send electronically if the person has indicated
7 a preference for receiving notices from the bureau
8 electronically, a notice:
9 (A) stating that the person's driving privileges are being
10 suspended for fuel theft;
11 (B) setting forth the date on which the suspension takes effect
12 and the date on which the suspension terminates; and
13 (C) stating that the person may be granted specialized driving
14 privileges under IC 9-30-16 if the person meets the conditions
15 for obtaining specialized driving privileges.
16 (b) The suspension of the driving privileges of a person who is the
17 subject of an order issued under IC 35-43-4-8(b):
18 (1) begins five (5) business days after the date on which the
19 bureau mails the notice to the person under subsection (a)(2); and
20 (2) terminates thirty (30) days after the suspension begins.
21 (c) A person who operates a motor vehicle during a suspension of
22 the person's driving privileges under this section commits a Class A
23 infraction unless the person's operation of the motor vehicle is
24 authorized by specialized driving privileges granted to the person under
25 IC 9-30-16.
26 (d) The bureau shall, upon receiving a record of conviction of a
27 person upon a charge of driving a motor vehicle while the driving
28 privileges, permit, or license of the person is suspended, fix the period
29 of suspension in accordance with the order of the court.
30 SECTION 47. IC 9-30-13-9, AS ADDED BY P.L.41-2016,
31 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2024]: Sec. 9. (a) Upon receiving an order issued by a court
33 under IC 9-21-5-11(f) concerning a person who has committed the
34 infraction of violating a worksite speed limit for the second time within
35 one (1) year, the bureau shall do the following:
36 (1) Suspend under subsection (b) the driving privileges of the
37 person who is the subject of the order, whether or not the person's
38 current driver's license accompanies the order.
39 (2) Mail to the last known address of the person who is the subject
40 of the order, or send electronically if the person has indicated
41 a preference for receiving notices from the bureau
42 electronically, a notice:
HB 1162—LS 6594/DI 137 40
1 (A) stating that the person's driving privileges are being
2 suspended for a second or subsequent offense of exceeding a
3 worksite speed limit within one (1) year;
4 (B) setting forth the date on which the suspension takes effect
5 and the date on which the suspension terminates; and
6 (C) stating that the person may be granted specialized driving
7 privileges under IC 9-30-16 if the person meets the conditions
8 for obtaining specialized driving privileges.
9 (b) The suspension of the driving privileges of a person who is the
10 subject of an order issued under IC 9-21-5-11(f):
11 (1) begins five (5) business days after the date on which the
12 bureau mails the notice to the person under subsection (a)(2); and
13 (2) terminates sixty (60) days after the suspension begins.
14 (c) A person who operates a motor vehicle during a suspension of
15 the person's driving privileges under this section commits a Class A
16 infraction unless the person's operation of the motor vehicle is
17 authorized by specialized driving privileges granted to the person under
18 IC 9-30-16.
19 (d) The bureau shall, upon receiving a record of conviction of a
20 person upon a charge of driving a motor vehicle while the driving
21 privileges, permit, or license of the person is suspended, fix the period
22 of suspension in accordance with the order of the court.
23 SECTION 48. IC 9-33-3-1, AS ADDED BY P.L.198-2016,
24 SECTION 632, IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) This section applies if:
26 (1) the bureau charges a person a fee in an amount greater than
27 required by law and the person pays the fee;
28 (2) the bureau charges a person a fee in error and the person pays
29 the fee; or
30 (3) a person pays a fee in error to the bureau.
31 (b) A person described in subsection (a) may file a claim for a
32 refund with the bureau on a form furnished by the bureau. The claim
33 must:
34 (1) be filed within three (3) years after the date on which the
35 person pays the fee;
36 (2) set forth the amount of the refund that the person is claiming;
37 (3) set forth the reasons the person is claiming the refund; and
38 (4) include any documentation supporting the claim.
39 (c) After considering the claim and all evidence relevant to the
40 claim, the bureau shall issue a decision on the claim, stating the part,
41 if any, of the refund allowed and containing a statement of the reasons
42 for any part of the refund that is denied. The bureau shall mail, or send
HB 1162—LS 6594/DI 137 41
1 electronically if the claimant has indicated a preference for
2 receiving notices from the bureau electronically, a copy of the
3 decision to the claimant. However, if the bureau allows the full refund
4 claimed, a warrant for the payment of the claim is sufficient notice of
5 the decision.
6 (d) If a person disagrees with all or part of the bureau's decision, the
7 person may file a petition under IC 9-33-2-3.
8 SECTION 49. IC 35-44.1-3-1, AS AMENDED BY P.L.174-2021,
9 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 1. (a) A person who knowingly or intentionally:
11 (1) forcibly resists, obstructs, or interferes with a law enforcement
12 officer or a person assisting the officer while the officer is
13 lawfully engaged in the execution of the officer's duties;
14 (2) forcibly resists, obstructs, or interferes with the authorized
15 service or execution of a civil or criminal process or order of a
16 court; or
17 (3) flees from a law enforcement officer after the officer has, by
18 visible or audible means, including operation of the law
19 enforcement officer's siren or emergency lights, identified himself
20 or herself and ordered the person to stop;
21 commits resisting law enforcement, a Class A misdemeanor, except as
22 provided in subsection (c).
23 (b) A person who, having been denied entry by a firefighter, an
24 emergency medical services provider, or a law enforcement officer,
25 knowingly or intentionally enters an area that is marked off with barrier
26 tape or other physical barriers, commits interfering with public safety,
27 a Class B misdemeanor, except as provided in subsection (c) or (k).
28 (c) The offense under subsection (a) or (b) is a:
29 (1) Level 6 felony if:
30 (A) the person uses a vehicle to commit the offense; or
31 (B) while committing the offense, the person:
32 (i) draws or uses a deadly weapon;
33 (ii) inflicts bodily injury on or otherwise causes bodily injury
34 to another person; or
35 (iii) operates a vehicle in a manner that creates a substantial
36 risk of bodily injury to another person;
37 (2) Level 5 felony if:
38 (A) while committing the offense, the person operates a
39 vehicle in a manner that causes serious bodily injury to another
40 person; or
41 (B) the person uses a vehicle to commit the offense and the
42 person has a prior unrelated conviction under this section
HB 1162—LS 6594/DI 137 42
1 involving the use of a vehicle in the commission of the
2 offense;
3 (3) Level 3 felony if, while committing the offense, the person
4 operates a vehicle in a manner that causes the death or
5 catastrophic injury of another person; and
6 (4) Level 2 felony if, while committing any offense described in
7 subsection (a), the person operates a vehicle in a manner that
8 causes the death or catastrophic injury of a firefighter, an
9 emergency medical services provider, or a law enforcement
10 officer while the firefighter, emergency medical services provider,
11 or law enforcement officer is engaged in the firefighter's,
12 emergency medical services provider's, or officer's official duties.
13 (d) The offense under subsection (a) is a Level 6 felony if, while
14 committing an offense under:
15 (1) subsection (a)(1) or (a)(2), the person:
16 (A) creates a substantial risk of bodily injury to the person or
17 another person; and
18 (B) has two (2) or more prior unrelated convictions under
19 subsection (a); or
20 (2) subsection (a)(3), the person has two (2) or more prior
21 unrelated convictions under subsection (a).
22 (e) If a person uses a vehicle to commit a felony offense under
23 subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
24 penalty imposed for the offense, the court shall impose a minimum
25 executed sentence of at least:
26 (1) thirty (30) days, if the person does not have a prior unrelated
27 conviction under this section;
28 (2) one hundred eighty (180) days, if the person has one (1) prior
29 unrelated conviction under this section; or
30 (3) one (1) year, if the person has two (2) or more prior unrelated
31 convictions under this section.
32 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
33 minimum sentence imposed under subsection (e) may not be
34 suspended.
35 (g) If a person is convicted of an offense involving the use of a
36 motor vehicle under:
37 (1) subsection (c)(1)(A), if the person exceeded the speed limit by
38 at least twenty (20) miles per hour while committing the offense;
39 (2) subsection (c)(2); or
40 (3) subsection (c)(3);
41 the court may notify the bureau of motor vehicles to suspend or revoke
42 the person's driver's license and all certificates of registration and
HB 1162—LS 6594/DI 137 43
1 license plates issued or registered in the person's name in accordance
2 with IC 9-30-4-6.1(b) for the period described in IC 9-30-4-6.1(d)(1)
3 or IC 9-30-4-6.1(d)(2). The court shall inform the bureau whether the
4 person has been sentenced to a term of incarceration. At the time of
5 conviction, the court may obtain the person's current driver's license
6 and return the license to the bureau of motor vehicles.
7 (h) A person may not be charged or convicted of a crime under
8 subsection (a)(3) if the law enforcement officer is a school resource
9 officer acting in the officer's capacity as a school resource officer.
10 (i) A person who commits an offense described in subsection (c)
11 commits a separate offense for each person whose bodily injury,
12 serious bodily injury, catastrophic injury, or death is caused by a
13 violation of subsection (c).
14 (j) A court may order terms of imprisonment imposed on a person
15 convicted of more than one (1) offense described in subsection (c) to
16 run consecutively. Consecutive terms of imprisonment imposed under
17 this subsection are not subject to the sentencing restrictions set forth in
18 IC 35-50-1-2(c) through IC 35-50-1-2(d).
19 (k) As used in this subsection, "family member" means a child,
20 grandchild, parent, grandparent, or spouse of the person. It is a defense
21 to a prosecution under subsection (b) that the person reasonably
22 believed that the person's family member:
23 (1) was in the marked off area; and
24 (2) had suffered bodily injury or was at risk of suffering bodily
25 injury;
26 if the person is not charged as a defendant in connection with the
27 offense, if applicable, that caused the area to be secured by barrier tape
28 or other physical barriers.
29 SECTION 50. An emergency is declared for this act.
HB 1162—LS 6594/DI 137 44
COMMITTEE REPORT
Mr. Speaker: Your Committee on Roads and Transportation, to
which was referred House Bill 1162, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 4, between lines 9 and 10, begin a new paragraph and insert:
"SECTION 3. IC 9-13-2-78, AS AMENDED BY P.L.211-2023,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 78. "Indiana resident" refers to a person that
is one (1) of the following:
(1) An individual who lives in Indiana for at least one hundred
eighty-three (183) days during a calendar year and who has a
legal residence in another state. However, the term does not
include an individual who lives in Indiana for any of the following
purposes:
(A) Attending a postsecondary educational institution.
(B) Serving on active duty in the armed forces of the United
States.
(C) Temporary employment.
(D) Other purposes, without the intent of making Indiana a
permanent home.
(2) An individual who is living in Indiana if the individual has no
other legal residence.
(3) An individual who is registered to vote in Indiana or who
satisfies the standards for determining residency in Indiana under
IC 3-5-5.
(4) An individual who has a dependent enrolled in an elementary
or a secondary school located in Indiana.
(5) A person that maintains a:
(A) main office;
(B) branch office;
(C) warehouse; or
(D) business facility;
in Indiana.
(6) A person that bases and operates vehicles in Indiana.
(7) A person that operates vehicles in intrastate haulage in
Indiana.
(8) A person who is living in Indiana and has been granted parole.
(9) (8) A person that has more than one-half (1/2) of the person's
gross income (as defined in Section 61 of the Internal Revenue
Code) derived from sources in Indiana using the provisions
HB 1162—LS 6594/DI 137 45
applicable to determining the source of adjusted gross income that
are set forth in IC 6-3-2-2. However, a person that is considered
a resident under this subdivision is not a resident if the person
proves by a preponderance of the evidence that the person is not
a resident under subdivisions (1) through (8). (7).".
Page 4, delete lines 23 through 32, begin a new paragraph and
insert:
"SECTION 5. IC 9-13-2-121.5 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 121.5. "Parole" means temporary legal presence in
the United States under 8 U.S.C. 1182(d)(5) granted to an individual
who:
(1) is a citizen or national of Ukraine or last was a habitual
resident of Ukraine; and
(2) meets the criteria established under Section 401(a) of the
Additional Ukraine Supplemental Appropriations Act (Public
Law 117-128) as in effect on January 1, 2023.".
Page 5, between lines 4 and 5, begin a new paragraph and insert:
"SECTION 7. IC 9-14-8-3.5 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 3.5. The bureau of motor vehicles shall adopt rules
under IC 4-22-2, including emergency rules in the manner provided
under IC 4-22-2-37.1, necessary to implement the issuance and
administration of the following:
(1) Driver's licenses, permits, or identification cards for
individuals granted parole.
(2) Registrations and certificates of title for motor vehicles of
individuals granted parole.".
Page 8, between lines 12 and 13, begin a new paragraph and insert:
"SECTION 13. IC 9-24-2-3, AS AMENDED BY P.L.211-2023,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The bureau may not issue a driver's
license or learner's permit or grant driving privileges to the following
individuals:
(1) An individual whose driving privileges have been suspended,
during the period for which the driving privileges are suspended,
or to an individual whose driver's license has been revoked, until
the time the bureau is authorized under Indiana law to issue the
individual a new driver's license.
(2) An individual whose learner's permit has been suspended or
revoked until the time the bureau is authorized under Indiana law
to issue the individual a new learner's permit.
(3) An individual who, in the opinion of the bureau, is afflicted
with or suffering from a physical or mental disability or disease
HB 1162—LS 6594/DI 137 46
that prevents the individual from exercising reasonable and
ordinary control over a motor vehicle while operating the motor
vehicle on a highway.
(4) An individual who is unable to understand highway warnings
or direction signs written in the English language.
(5) An individual who is required under this article to take an
examination unless:
(A) the individual successfully passes the examination; or
(B) the bureau waives the examination requirement.
(6) An individual who is required under IC 9-25 or any other
statute to deposit or provide proof of financial responsibility and
who has not deposited or provided that proof.
(7) An individual when the bureau has good cause to believe that
the operation of a motor vehicle on a highway by the individual
would be inimical to public safety or welfare.
(8) An individual who is the subject of an order issued by:
(A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13,
IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or
(B) the Title IV-D agency;
ordering that a driver's license or permit not be issued to the
individual.
(9) Except for an individual granted parole, An individual who
has not presented valid documentary evidence to the bureau of the
individual's lawful status in the United States, as required by
IC 9-24-9-2.5.
(10) An individual who does not otherwise satisfy the
requirements of this article.
(b) An individual subject to epileptic seizures may not be denied a
driver's license or permit under this section if the individual presents
a statement from a licensed physician or an advanced practice
registered nurse, on a form prescribed by the bureau, that the individual
is under medication and is free from seizures while under medication.".
Page 9, delete lines 31 through 36.
Page 11, between lines 24 and 25, begin a new paragraph and insert:
"SECTION 15. IC 9-24-8.5-2, AS AMENDED BY P.L.111-2021,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) A driver's license issued under IC 9-24-3
may include one (1) or more of the following:
(1) A motorcycle endorsement under IC 9-24-8-4 (before its
expiration) or section 3 of this chapter.
(2) A for-hire endorsement under section 5 of this chapter.
(b) A commercial driver's license may include one (1) or more of
HB 1162—LS 6594/DI 137 47
the following:
(1) A motorcycle endorsement under IC 9-24-8-4 (before its
expiration) or section 3 of this chapter.
(2) Except for a hazardous materials endorsement, an
endorsement under IC 9-24-6.1, including under any rules
adopted under IC 9-24-6.1, if the applicant is at least
twenty-one (21) years of age.
(3) A hazardous materials endorsement under IC 9-24-6.1,
including under any rules adopted under IC 9-24-6.1, if the
applicant is at least eighteen (18) years of age.
SECTION 16. IC 9-24-9-2, AS AMENDED BY P.L.211-2023,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (b),
each application for a driver's license or permit under this chapter must
require the following information:
(1) The full legal name of the applicant.
(2) The applicant's date of birth.
(3) The gender of the applicant.
(4) The applicant's height, weight, hair color, and eye color.
(5) The address of the applicant.
(6) A:
(A) valid Social Security number; or
(B) verification of an applicant's:
(i) ineligibility to be issued a Social Security number;
(ii) identity; and
(iii) lawful status. except for an individual granted parole.
(7) Whether the applicant has been subject to fainting spells or
seizures.
(8) Whether the applicant has been issued a driver's license or has
been the holder of a permit, and if so, when and by what
jurisdiction.
(9) Whether the applicant's driver's license or permit has ever
been suspended or revoked, and if so, the date of and the reason
for the suspension or revocation.
(10) Whether the applicant has been convicted of:
(A) a crime punishable as a felony under Indiana motor
vehicle law; or
(B) any other felony in the commission of which a motor
vehicle was used;
that has not been expunged by a court.
(11) Whether the applicant has a physical or mental disability,
and if so, the nature of the disability.
HB 1162—LS 6594/DI 137 48
(12) The signature of the applicant showing the applicant's legal
name as it appears or will appear on the driver's license or permit.
(13) A digital photograph of the applicant.
(14) Any other information the bureau requires.
(b) For purposes of subsection (a), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the individual's address, but may
provide an address designated by the office of the attorney general
under IC 5-26.5 as the individual's address.
(c) In addition to the information required by subsection (a), an
applicant who is required to complete at least fifty (50) hours of
supervised practice driving under IC 9-24-3-2.5(a)(1)(E) or
IC 9-24-3-2.5(a)(2)(D) must submit to the bureau evidence of the time
logged in practice driving.".
Page 12, between lines 13 and 14, begin a new paragraph and insert:
"SECTION 18. IC 9-24-9-2.5, AS AMENDED BY P.L.211-2023,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2.5. In addition to the information required
from the applicant for a driver's license or permit under sections 1 and
2 of this chapter, the bureau shall require an applicant to present to the
bureau valid documentary evidence that the applicant has lawful status.
or is granted parole.
SECTION 19. IC 9-24-11-5, AS AMENDED BY P.L.211-2023,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (d), a
learner's permit or driver's license issued under this article must contain
the following information:
(1) The full legal name of the permittee or licensee.
(2) The date of birth of the permittee or licensee.
(3) The address of the principal residence of the permittee or
licensee.
(4) The hair color and eye color of the permittee or licensee.
(5) The date of issue and expiration date of the permit or license.
(6) The gender of the permittee or licensee.
(7) The unique identifying number of the permit or license.
(8) The weight of the permittee or licensee.
(9) The height of the permittee or licensee.
(10) A reproduction of the signature of the permittee or licensee.
(11) If the permittee or licensee is less than eighteen (18) years of
age at the time of issuance, the dates, notated prominently, on
which the permittee or licensee will become:
(A) eighteen (18) years of age; and
HB 1162—LS 6594/DI 137 49
(B) twenty-one (21) years of age.
(12) If the permittee or licensee is at least eighteen (18) years of
age but less than twenty-one (21) years of age at the time of
issuance, the date, notated prominently, on which the permittee or
licensee will become twenty-one (21) years of age.
(13) Except as provided in subsection (b), a digital photograph of
the permittee or licensee.
(b) The bureau may provide for the omission of a photograph or
computerized image from any driver's license or learner's permit issued
in the form of a physical credential if there is good cause for the
omission. However, a driver's license or learner's permit issued without
a digital photograph may not be issued in the form of a mobile
credential and must include a statement that indicates that the driver's
license or learner's permit issued without a digital photograph may not
be accepted by a federal agency for federal identification or any other
federal purpose.
(c) A driver's license or learner's permit issued to an individual who
has
(1) temporary lawful status as indicated by:
(A) (1) a valid, unexpired nonimmigrant visa or has
nonimmigrant visa status for entry in the United States;
(B) (2) a pending application for asylum in the United States;
(C) (3) a pending or approved application for temporary
protected status in the United States;
(D) (4) having an approved deferred action status; or
(E) (5) a pending application for adjustment of status to that of
an alien lawfully admitted for permanent residence in the
United States or conditional permanent residence status in the
United States; or
(2) been granted parole;
must be clearly identified as a temporary driver's license or learner's
permit. A temporary driver's license or learner's permit issued under
this subsection may not be renewed without the presentation of valid
documentary evidence proving that the licensee's or permittee's
temporary status has been extended.
(d) For purposes of subsection (a), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the address of the individual's
principal residence, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the address of the
individual's principal residence.".
Page 13, between lines 9 and 10, begin a new paragraph and insert:
HB 1162—LS 6594/DI 137 50
"SECTION 20. IC 9-24-12-1, AS AMENDED BY P.L.211-2023,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) Except as provided in sections 10 and
11 of this chapter, a driver's license issued in the form of a physical
credential to an applicant who is at least seventy-five (75) years of age
expires at midnight of the birthday of the holder that occurs three (3)
years following the date of issuance.
(b) Except as provided in subsections (a) and (c) and sections 10
and 11 of this chapter, a driver's license issued in the form of a physical
credential under this article expires at midnight of the birthday of the
holder that occurs six (6) years following the date of issuance.
(c) A driver's license issued in the form of a physical credential to
an individual who is less than twenty-one (21) years of age expires at
midnight of the date thirty (30) days after the twenty-first birthday of
the holder. However, if the individual complies with IC 9-24-9-2.5, or
is granted parole, the driver's license expires:
(1) at midnight one (1) year after issuance if there is no expiration
date on the authorization granted to the individual to remain in the
United States; or
(2) if there is an expiration date on the authorization granted to
the individual to remain in the United States, the earlier of the
following:
(A) At midnight of the date the authorization to remain in the
United States expires.
(B) At midnight of the date thirty (30) days after the
twenty-first birthday of the holder.
SECTION 21. IC 9-24-12-4, AS AMENDED BY P.L.211-2023,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) Except as provided in subsections (c)
and (d), the application for renewal of:
(1) a driver's license;
(2) a chauffeur's license (before the expiration of IC 9-24-4 on
July 1, 2024);
(3) a public passenger chauffeur's license (before the expiration
of IC 9-24-5 on July 1, 2022);
(4) an identification card; or
(5) a photo exempt identification card;
under this article may be filed not more than twenty-four (24) months
before the expiration date of the license, identification card, or photo
exempt identification card held by the applicant.
(b) Except as provided in subsections (c) and (d), an application for
the renewal of a learner's permit issued under this article may be filed
HB 1162—LS 6594/DI 137 51
not more than thirty (30) days before the expiration of the learner's
permit.
(c) When the applicant complies with IC 9-24-9-2.5, or is granted
parole, an application for renewal of a driver's license in subsection
(a)(1), (a)(2), or (a)(3) may be filed not more than one (1) month before
the expiration date of the license held by the applicant.
(d) When the applicant complies with IC 9-24-16-3.5, an application
for renewal of an identification card under subsection (a)(4) may be
filed not more than one (1) month before the expiration date of the
identification card held by the applicant.".
Page 14, line 17, strike "or who is granted parole".
Page 15, between lines 1 and 2, begin a new paragraph and insert:
"SECTION 24. IC 9-24-16-1, AS AMENDED BY P.L.211-2023,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. The bureau shall issue an identification
card in the form of a physical credential to an individual who meets the
following conditions:
(1) Makes an application.
(2) Is an Indiana resident.
(3) Has presented valid documentary evidence to the bureau of
the individual's lawful status in the United States, or valid
documentary evidence that the individual is granted parole, as
required by section 3.5 of this chapter.".
Page 15, line 26, after "status" delete "," and insert ".".
Page 15, line 26, strike "except for an individual granted parole.".
Page 17, between lines 7 and 8, begin a new paragraph and insert:
"SECTION 26. IC 9-24-16-3, AS AMENDED BY P.L.211-2023,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) An identification card:
(1) issued in the form of a physical credential must have the same
dimensions and shape as a driver's license; and
(2) in the form of a mobile credential must contain the same data
contained in a driver's license;
but the card must have markings sufficient to distinguish the card from
a driver's license.
(b) Except as provided in subsection (g), the front side of an
identification card issued in the form of a physical credential must
contain the expiration date of the identification card and the following
information about the individual to whom the card is being issued:
(1) Full legal name.
(2) The address of the principal residence.
(3) Date of birth.
HB 1162—LS 6594/DI 137 52
(4) Date of issue and date of expiration.
(5) Unique identification number.
(6) Gender.
(7) Weight.
(8) Height.
(9) Color of eyes and hair.
(10) Reproduction of the signature of the individual identified.
(11) Whether the individual is blind (as defined in
IC 12-7-2-21(1)).
(12) If the individual is less than eighteen (18) years of age at the
time of issuance, the dates on which the individual will become:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(13) If the individual is at least eighteen (18) years of age but less
than twenty-one (21) years of age at the time of issuance, the date
on which the individual will become twenty-one (21) years of age.
(14) Digital photograph of the individual.
(c) The information contained on the identification card as required
by subsection (b)(12) or (b)(13) for an individual who is less than
twenty-one (21) years of age at the time of issuance shall be notated
prominently on the identification card issued in the form of a physical
credential.
(d) If the individual complies with section 2(f) or 2(g) of this
chapter, an indication of the individual's veteran status or status as the
surviving spouse of a veteran of the armed forces of the United States,
as applicable, shall be shown on the identification card issued in the
form of a physical credential.
(e) If the applicant for an identification card issued in the form of a
physical credential submits information to the bureau concerning the
applicant's medical condition, the bureau shall place an identifying
symbol on the face of the identification card issued in the form of a
physical credential to indicate that the applicant has a medical
condition of note. The bureau shall include information on the
identification card issued in the form of a physical credential that
briefly describes the medical condition of the holder of the card issued
in the form of a physical credential. The information must be printed
in a manner that alerts a person reading the card issued in the form of
a physical credential to the existence of the medical condition. The
applicant for an identification card issued in the form of a physical
credential is responsible for the accuracy of the information concerning
the medical condition submitted under this subsection. The bureau
shall inform an applicant that submission of information under this
HB 1162—LS 6594/DI 137 53
subsection is voluntary.
(f) An identification card issued by the state to an individual who
has
(1) temporary lawful status as indicated by:
(A) (1) a valid, unexpired nonimmigrant visa or has
nonimmigrant visa status for entry in the United States;
(B) (2) a pending application for asylum in the United States;
(C) (3) a pending or approved application for temporary
protected status in the United States;
(D) (4) having an approved deferred action status; or
(E) (5) a pending application for adjustment of status to that of
an alien lawfully admitted for permanent residence in the
United States or conditional permanent residence status in the
United States; or
(2) been granted parole;
must be issued in the form of a physical credential and clearly
identified as a temporary identification card. A temporary identification
card issued under this subsection may not be renewed without the
presentation of valid documentary evidence proving that the holder of
the identification card's temporary status has been extended.
(g) For purposes of subsection (b), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the address of the individual's
principal residence, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the address of the
individual's principal residence.
(h) The bureau shall validate an identification card issued in the
form of a physical credential for motor driven cycle operation upon a
highway by endorsement to an individual who:
(1) applies for or has previously been issued an identification card
under this chapter;
(2) makes the appropriate application for endorsement; and
(3) satisfactorily completes the test required under section 3.6 of
this chapter.
The bureau shall place a designation on the face of the identification
card issued in the form of a physical credential to indicate that the
individual has received a motor driven cycle endorsement.
SECTION 27. IC 9-24-16-3.5, AS AMENDED BY P.L.211-2023,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3.5. In addition to the information required for
the applicant for an identification card under section 3 of this chapter,
the bureau shall require an applicant to present to the bureau:
HB 1162—LS 6594/DI 137 54
(1) valid documentary evidence that the applicant has:
(A) lawful status; or
(B) a pending application for adjustment of status to that of an
alien lawfully admitted for permanent residence in the United
States or conditional permanent resident status in the United
States; or
(C) been granted parole; and
(2) evidence of the Social Security number of the applicant. If
federal law prohibits the issuance of a Social Security number to
the applicant, the applicant must provide verification of the
applicant's ineligibility to be issued a Social Security number.".
Page 23, delete lines 16 through 42, begin a new paragraph and
insert:
"SECTION 36. IC 9-30-4-6.1, AS ADDED BY P.L.198-2016,
SECTION 598, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 6.1. (a) The bureau shall suspend
or revoke the current driver's license or driving privileges and all
certificates of registration and proof of registration issued to or
registered in the name of an individual who is convicted of any of the
following:
(1) Manslaughter or reckless homicide resulting from the
operation of a motor vehicle.
(2) Knowingly making a false application, or committing perjury
with respect to an application made, under:
(A) this chapter; or
(B) any other law requiring the registration of motor vehicles
or regulating motor vehicle operation on highways.
(3) Three (3) charges of criminal recklessness involving the use
of a motor vehicle within the preceding twelve (12) months.
(4) Failure to stop and give information or assistance or failure to
stop and disclose the individual's identity at the scene of an
accident that has resulted in death, personal injury, or property
damage in excess of two hundred dollars ($200).
However, and unless otherwise required by law, the bureau may not
suspend a certificate of registration or proof of registration if the
individual gives and maintains, during the three (3) years following the
date of suspension or revocation, proof of financial responsibility in the
future in the manner specified in this section.
(b) The bureau shall suspend a driver's license or driving privileges
of an individual upon conviction in another jurisdiction for the
following:
(1) Manslaughter or reckless homicide resulting from the
HB 1162—LS 6594/DI 137 55
operation of a motor vehicle.
(2) Knowingly making a false application, or committing perjury
with respect to an application made, under:
(A) this chapter; or
(B) any other law requiring the registration of motor vehicles
or regulating motor vehicle operation on highways.
(3) Three (3) charges of criminal recklessness involving the use
of a motor vehicle within the preceding twelve (12) months.
(4) Failure to stop and give information or assistance or failure to
stop and disclose the individual's identity at the scene of an
accident that has resulted in death, personal injury, or property
damage in excess of two hundred dollars ($200).
However, if property damage under subdivision (4) is equal to or less
than two hundred dollars ($200), the bureau may determine whether
the driver's license or driving privileges and certificates of registration
and proof of registration shall be suspended or revoked.
(c) An individual whose driving privileges are suspended under this
chapter is eligible for specialized driving privileges under IC 9-30-16.
(d) A suspension or revocation remains in effect and a new or
renewal license may not be issued to the individual and a motor vehicle
may not be registered in the name of the individual as follows:
(1) Except as provided in subdivision (2), for six (6) months after
the date of conviction or on the date on which the individual is
otherwise eligible for a license, whichever is later.
(2) Upon conviction of an offense described in subsection (a)(1),
(a)(4), (b)(1), or (b)(4), when the accident has resulted in death,
for a fixed period of at least two (2) years and not more than five
(5) years, to be fixed by the bureau based upon recommendation
of the court entering a conviction. A new or reinstated driver's
license or driving privileges may not be issued to the individual
unless that individual, within the three (3) years following the
expiration of the suspension or revocation, gives and maintains in
force at all times during the effective period of a new or reinstated
license proof of financial responsibility in the future in the
manner specified in this chapter. However, the liability of the
insurance carrier under a motor vehicle liability policy that is
furnished for proof of financial responsibility in the future as set
out in this chapter becomes absolute whenever loss or damage
covered by the policy occurs, and the satisfaction by the insured
of a final judgment for loss or damage is not a condition precedent
to the right or obligation of the carrier to make payment on
account of loss or damage, but the insurance carrier has the right
HB 1162—LS 6594/DI 137 56
to settle a claim covered by the policy. If the settlement is made
in good faith, the amount must be deducted from the limits of
liability specified in the policy. A policy may not be canceled or
annulled with respect to a loss or damage by an agreement
between the carrier and the insured after the insured has become
responsible for the loss or damage, and a cancellation or
annulment is void. The policy may provide that the insured or any
other person covered by the policy shall reimburse the insurance
carrier for payment made on account of any loss or damage claim
or suit involving a breach of the terms, provisions, or conditions
of the policy. If the policy provides for limits that exceed the
limits specified in this chapter, the insurance carrier may plead
against any plaintiff, with respect to the amount of the excess
limits of liability, any defenses that the carrier may be entitled to
plead against the insured. The policy may further provide for
prorating of the insurance with other applicable valid and
collectible insurance. An action does not lie against the insurance
carrier by or on behalf of any claimant under the policy until a
final judgment has been obtained after actual trial by or on behalf
of any claimant under the policy.
(e) The bureau may take action as required in this section upon
receiving satisfactory evidence of a conviction of an individual in
another state.
(f) A suspension or revocation under this section or IC 9-30-13-0.5
stands pending appeal of the conviction to a higher court and may be
set aside or modified only upon the receipt by the bureau of the
certificate of the court reversing or modifying the judgment that the
cause has been reversed or modified. However, if the suspension or
revocation follows a conviction in a court of no record in Indiana, the
suspension or revocation is stayed pending appeal of the conviction to
a court of record.
(g) A person aggrieved by an order or act of the bureau under this
section or IC 9-30-13-0.5 may file a petition for a court review.
(h) An entry in the driving record of a defendant stating that notice
of suspension or revocation was mailed by the bureau, or sent
electronically if the defendant has indicated a preference for
receiving notices from the bureau electronically, to the defendant
constitutes prima facie evidence that the notice was mailed to the
defendant's address as shown in the records of the bureau.".
Delete page 24.
Page 25, delete lines 1 through 41.
Page 31, after line 32, begin a new paragraph and insert:
HB 1162—LS 6594/DI 137 57
"SECTION 46. IC 35-44.1-3-1, AS AMENDED BY P.L.174-2021,
SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law enforcement
officer or a person assisting the officer while the officer is
lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the authorized
service or execution of a civil or criminal process or order of a
court; or
(3) flees from a law enforcement officer after the officer has, by
visible or audible means, including operation of the law
enforcement officer's siren or emergency lights, identified himself
or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except as
provided in subsection (c).
(b) A person who, having been denied entry by a firefighter, an
emergency medical services provider, or a law enforcement officer,
knowingly or intentionally enters an area that is marked off with barrier
tape or other physical barriers, commits interfering with public safety,
a Class B misdemeanor, except as provided in subsection (c) or (k).
(c) The offense under subsection (a) or (b) is a:
(1) Level 6 felony if:
(A) the person uses a vehicle to commit the offense; or
(B) while committing the offense, the person:
(i) draws or uses a deadly weapon;
(ii) inflicts bodily injury on or otherwise causes bodily injury
to another person; or
(iii) operates a vehicle in a manner that creates a substantial
risk of bodily injury to another person;
(2) Level 5 felony if:
(A) while committing the offense, the person operates a
vehicle in a manner that causes serious bodily injury to another
person; or
(B) the person uses a vehicle to commit the offense and the
person has a prior unrelated conviction under this section
involving the use of a vehicle in the commission of the
offense;
(3) Level 3 felony if, while committing the offense, the person
operates a vehicle in a manner that causes the death or
catastrophic injury of another person; and
(4) Level 2 felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
HB 1162—LS 6594/DI 137 58
causes the death or catastrophic injury of a firefighter, an
emergency medical services provider, or a law enforcement
officer while the firefighter, emergency medical services provider,
or law enforcement officer is engaged in the firefighter's,
emergency medical services provider's, or officer's official duties.
(d) The offense under subsection (a) is a Level 6 felony if, while
committing an offense under:
(1) subsection (a)(1) or (a)(2), the person:
(A) creates a substantial risk of bodily injury to the person or
another person; and
(B) has two (2) or more prior unrelated convictions under
subsection (a); or
(2) subsection (a)(3), the person has two (2) or more prior
unrelated convictions under subsection (a).
(e) If a person uses a vehicle to commit a felony offense under
subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
penalty imposed for the offense, the court shall impose a minimum
executed sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1) prior
unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior unrelated
convictions under this section.
(f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
minimum sentence imposed under subsection (e) may not be
suspended.
(g) If a person is convicted of an offense involving the use of a
motor vehicle under:
(1) subsection (c)(1)(A), if the person exceeded the speed limit by
at least twenty (20) miles per hour while committing the offense;
(2) subsection (c)(2); or
(3) subsection (c)(3);
the court may notify the bureau of motor vehicles to suspend or revoke
the person's driver's license and all certificates of registration and
license plates issued or registered in the person's name in accordance
with IC 9-30-4-6.1(b) for the period described in IC 9-30-4-6.1(d)(1)
or IC 9-30-4-6.1(d)(2). The court shall inform the bureau whether the
person has been sentenced to a term of incarceration. At the time of
conviction, the court may obtain the person's current driver's license
and return the license to the bureau of motor vehicles.
(h) A person may not be charged or convicted of a crime under
HB 1162—LS 6594/DI 137 59
subsection (a)(3) if the law enforcement officer is a school resource
officer acting in the officer's capacity as a school resource officer.
(i) A person who commits an offense described in subsection (c)
commits a separate offense for each person whose bodily injury,
serious bodily injury, catastrophic injury, or death is caused by a
violation of subsection (c).
(j) A court may order terms of imprisonment imposed on a person
convicted of more than one (1) offense described in subsection (c) to
run consecutively. Consecutive terms of imprisonment imposed under
this subsection are not subject to the sentencing restrictions set forth in
IC 35-50-1-2(c) through IC 35-50-1-2(d).
(k) As used in this subsection, "family member" means a child,
grandchild, parent, grandparent, or spouse of the person. It is a defense
to a prosecution under subsection (b) that the person reasonably
believed that the person's family member:
(1) was in the marked off area; and
(2) had suffered bodily injury or was at risk of suffering bodily
injury;
if the person is not charged as a defendant in connection with the
offense, if applicable, that caused the area to be secured by barrier tape
or other physical barriers.
SECTION 47. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
 
(Reference is to HB 1162 as introduced.)
PRESSEL
Committee Vote: yeas 10, nays 0.
HB 1162—LS 6594/DI 137