| Old | New | Differences | |
|---|---|---|---|
| 1 | + | *EH1162.1* | |
| 2 | + | February 23, 2024 | |
| 3 | + | ENGROSSED | |
| 4 | + | HOUSE BILL No. 1162 | |
| 5 | + | _____ | |
| 6 | + | DIGEST OF HB 1162 (Updated February 20, 2024 11:04 am - DI 151) | |
| 7 | + | Citations Affected: IC 8-14; IC 9-13; IC 9-14; IC 9-17; IC 9-18.1; | |
| 8 | + | IC 9-18.5; IC 9-21; IC 9-24; IC 9-25; IC 9-28; IC 9-30; IC 9-33; | |
| 9 | + | IC 35-44.1. | |
| 10 | + | Synopsis: Bureau of motor vehicles. Makes a technical correction | |
| 11 | + | regarding the calculation of a county's allocation from the motor | |
| 12 | + | vehicle highway account fund. Provides that a commercial driver's | |
| 13 | + | license and a commercial learner's permit may be issued as a mobile | |
| 14 | + | credential. Repeals language allowing the bureau of motor vehicles | |
| 15 | + | (bureau) to issue a driver's license or identification card to a person | |
| 16 | + | granted parole. Adds a wearable device that blocks, in whole or in part, | |
| 17 | + | the field of vision of the person wearing the device to the definition of | |
| 18 | + | a "telecommunications device". Clarifies that only handheld | |
| 19 | + | telecommunications devices may be used in conjunction with hands | |
| 20 | + | free or voice operated technology while operating a motor vehicle. | |
| 21 | + | Requires the bureau of motor vehicles to state on each of its forms the | |
| 22 | + | law or rule making the form necessary. Prohibits the bureau of motor | |
| 23 | + | vehicles from requiring a person to appear in person for the renewal of | |
| 24 | + | a registration for a collector vehicle, a historic vehicle license plate, or | |
| 25 | + | an authentic license plate from the model year of a collector vehicle. | |
| 26 | + | (Continued next page) | |
| 27 | + | Effective: Upon passage; July 1, 2024; January 1, 2025. | |
| 28 | + | Pressel, Bartels | |
| 29 | + | (SENATE SPONSOR — CRIDER) | |
| 30 | + | January 8, 2024, read first time and referred to Committee on Roads and Transportation. | |
| 31 | + | January 30, 2024, amended, reported — Do Pass. | |
| 32 | + | February 1, 2024, read second time, ordered engrossed. Engrossed. | |
| 33 | + | February 5, 2024, read third time, passed. Yeas 89, nays 8. | |
| 34 | + | SENATE ACTION | |
| 35 | + | February 12, 2024, read first time and referred to Committee on Homeland Security and | |
| 36 | + | Transportation. | |
| 37 | + | February 22, 2024, amended, reported favorably — Do Pass. | |
| 38 | + | EH 1162—LS 6594/DI 137 Digest Continued | |
| 39 | + | Removes the requirement that for a certificate of title maintained | |
| 40 | + | electronically by the bureau that when the bureau sends notification | |
| 41 | + | that the notification be electronic. Allows an individual who is at least | |
| 42 | + | 18 years of age and holds a valid commercial driver's license to be | |
| 43 | + | issued a hazardous materials endorsement. Amends provisions | |
| 44 | + | regarding proof of a veteran's discharge from the armed forces or its | |
| 45 | + | reserves or the national guard. Changes the number of commercial | |
| 46 | + | vehicles that must be owned for the state department of revenue to | |
| 47 | + | issue a license plate for each commercial vehicle from 25 to five. | |
| 48 | + | Amends provisions requiring the bureau to provide notice to allow the | |
| 49 | + | bureau to provide notice electronically when the individual has | |
| 50 | + | indicated a preference for receiving electronic notices from the bureau. | |
| 51 | + | Provides that a driver's license or identification card expires upon the | |
| 52 | + | bureau receiving notice of the death of the holder. Allows an individual | |
| 53 | + | to electronically apply for the individual's driver's license or learner's | |
| 54 | + | permit to be converted into an identification card. Deletes provisions | |
| 55 | + | allowing the bureau to suspend or revoke the registration of an | |
| 56 | + | individual convicted of certain crimes. | |
| 57 | + | EH 1162—LS 6594/DI 137EH 1162—LS 6594/DI 137 February 23, 2024 | |
| 1 | 58 | Second Regular Session of the 123rd General Assembly (2024) | |
| 2 | 59 | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana | |
| 3 | 60 | Constitution) is being amended, the text of the existing provision will appear in this style type, | |
| 4 | 61 | additions will appear in this style type, and deletions will appear in this style type. | |
| 5 | 62 | Additions: Whenever a new statutory provision is being enacted (or a new constitutional | |
| 6 | 63 | provision adopted), the text of the new provision will appear in this style type. Also, the | |
| 7 | 64 | word NEW will appear in that style type in the introductory clause of each SECTION that adds | |
| 8 | 65 | a new provision to the Indiana Code or the Indiana Constitution. | |
| 9 | 66 | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts | |
| 10 | 67 | between statutes enacted by the 2023 Regular Session of the General Assembly. | |
| 11 | - | HOUSE ENROLLED ACT No. 1162 | |
| 12 | - | AN ACT to amend the Indiana Code concerning motor vehicles. | |
| 68 | + | ENGROSSED | |
| 69 | + | HOUSE BILL No. 1162 | |
| 70 | + | A BILL FOR AN ACT to amend the Indiana Code concerning | |
| 71 | + | motor vehicles. | |
| 13 | 72 | Be it enacted by the General Assembly of the State of Indiana: | |
| 14 | - | SECTION 1. IC 8-14-1-3, AS AMENDED BY THE TECHNICAL | |
| 15 | - | CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS | |
| 16 | - | AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: | |
| 17 | - | Sec. 3. The money collected for the motor vehicle highway account | |
| 18 | - | fund and remaining after refunds and the payment of all expenses | |
| 19 | - | incurred in the collection of the money and after transferring three | |
| 20 | - | hundred twenty-five thousand dollars ($325,000) each month to the | |
| 21 | - | motor carrier regulation fund (IC 8-2.1-23), shall be allocated to and | |
| 22 | - | distributed among the department and subdivisions designated as | |
| 23 | - | follows: | |
| 24 | - | (1) Of the net amount in the motor vehicle highway account the | |
| 25 | - | auditor of state comptroller shall set aside for the cities and | |
| 26 | - | towns of the state twelve and thirteen hundredths percent | |
| 27 | - | (12.13%). This sum shall be allocated to the cities and towns | |
| 28 | - | upon the basis that the population of each city and town bears to | |
| 29 | - | the total population of all the cities and towns and shall be used | |
| 30 | - | for the construction or reconstruction and maintenance of streets | |
| 31 | - | and alleys and shall be annually budgeted as now provided by | |
| 32 | - | law. However, no part of such sum shall be used for any other | |
| 33 | - | purpose than for the purposes defined in this chapter. If any funds | |
| 34 | - | allocated to any city or town shall be used by any officer or | |
| 35 | - | officers of such city or town for any purpose or purposes other | |
| 36 | - | HEA 1162 — CC 1 2 | |
| 37 | - | than for the purposes as defined in this chapter, such officer or | |
| 38 | - | officers shall be liable upon their official bonds to such city or | |
| 39 | - | town in such amount so used for other purposes than for the | |
| 40 | - | purposes as defined in this chapter, together with the costs of said | |
| 41 | - | action and reasonable attorney fees, recoverable in an action or | |
| 42 | - | suit instituted in the name of the state of Indiana on the relation | |
| 43 | - | of any taxpayer or taxpayers resident of such city or town. A | |
| 44 | - | monthly distribution thereof of funds accumulated during the | |
| 45 | - | preceding month shall be made by the auditor of state | |
| 46 | - | comptroller. | |
| 47 | - | (2) Of the net amount in the motor vehicle highway account, the | |
| 48 | - | auditor of state comptroller shall set aside for the counties of the | |
| 49 | - | state twenty-five and eighty-seven hundredths percent (25.87%). | |
| 50 | - | However, as to the allocation to cities and towns under | |
| 51 | - | subdivision (1) and as to the allocation to counties under this | |
| 52 | - | subdivision, in the event that the amount in the motor vehicle | |
| 53 | - | highway account fund remaining after refunds and after the | |
| 54 | - | payment of all expenses incurred in the collection thereof is less | |
| 55 | - | than twenty-two million six hundred fifty thousand dollars | |
| 56 | - | ($22,650,000) in any fiscal year, then the amount so set aside in | |
| 57 | - | the next calendar year for distributions to counties shall be | |
| 58 | - | reduced fifty-four percent (54%) of such deficit and the amount | |
| 59 | - | so set aside for distribution in the next calendar year to cities and | |
| 60 | - | towns shall be reduced thirteen percent (13%) of such deficit. | |
| 61 | - | Such reduced distributions shall begin with the distribution | |
| 62 | - | January 1 of each year. | |
| 63 | - | (3) The amount set aside for the counties of the state under the | |
| 64 | - | provisions of subdivision (2) shall be allocated monthly upon the | |
| 65 | - | following basis: | |
| 66 | - | (A) Five percent (5%) of the amount allocated to the counties | |
| 67 | - | to be divided equally among the ninety-two (92) counties. | |
| 68 | - | (B) Sixty-five percent (65%) of the amount allocated to the | |
| 69 | - | counties to be divided on the basis of the ratio of the actual | |
| 70 | - | miles, now traveled and in use, of county roads in each county | |
| 71 | - | to the total mileage of county roads in the state, which shall be | |
| 72 | - | annually determined, accurately, by the department and | |
| 73 | - | submitted to the auditor of state comptroller before April 1 of | |
| 74 | - | each year. | |
| 75 | - | (C) Thirty percent (30%) of the amount allocated to the | |
| 76 | - | counties to be divided on the basis of the ratio of the motor | |
| 77 | - | vehicle registrations of each county to the total motor vehicle | |
| 78 | - | registration of the state. The bureau of motor vehicles shall | |
| 79 | - | HEA 1162 — CC 1 3 | |
| 80 | - | annually determine the amount number of motor vehicle | |
| 81 | - | registrations by county under this clause and submit its | |
| 82 | - | determination to the auditor of state comptroller before April | |
| 73 | + | 1 SECTION 1. IC 8-14-1-3, AS AMENDED BY THE TECHNICAL | |
| 74 | + | 2 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS | |
| 75 | + | 3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: | |
| 76 | + | 4 Sec. 3. The money collected for the motor vehicle highway account | |
| 77 | + | 5 fund and remaining after refunds and the payment of all expenses | |
| 78 | + | 6 incurred in the collection of the money and after transferring three | |
| 79 | + | 7 hundred twenty-five thousand dollars ($325,000) each month to the | |
| 80 | + | 8 motor carrier regulation fund (IC 8-2.1-23), shall be allocated to and | |
| 81 | + | 9 distributed among the department and subdivisions designated as | |
| 82 | + | 10 follows: | |
| 83 | + | 11 (1) Of the net amount in the motor vehicle highway account the | |
| 84 | + | 12 auditor of state comptroller shall set aside for the cities and | |
| 85 | + | 13 towns of the state twelve and thirteen hundredths percent | |
| 86 | + | 14 (12.13%). This sum shall be allocated to the cities and towns | |
| 87 | + | 15 upon the basis that the population of each city and town bears to | |
| 88 | + | 16 the total population of all the cities and towns and shall be used | |
| 89 | + | 17 for the construction or reconstruction and maintenance of streets | |
| 90 | + | EH 1162—LS 6594/DI 137 2 | |
| 91 | + | 1 and alleys and shall be annually budgeted as now provided by | |
| 92 | + | 2 law. However, no part of such sum shall be used for any other | |
| 93 | + | 3 purpose than for the purposes defined in this chapter. If any funds | |
| 94 | + | 4 allocated to any city or town shall be used by any officer or | |
| 95 | + | 5 officers of such city or town for any purpose or purposes other | |
| 96 | + | 6 than for the purposes as defined in this chapter, such officer or | |
| 97 | + | 7 officers shall be liable upon their official bonds to such city or | |
| 98 | + | 8 town in such amount so used for other purposes than for the | |
| 99 | + | 9 purposes as defined in this chapter, together with the costs of said | |
| 100 | + | 10 action and reasonable attorney fees, recoverable in an action or | |
| 101 | + | 11 suit instituted in the name of the state of Indiana on the relation | |
| 102 | + | 12 of any taxpayer or taxpayers resident of such city or town. A | |
| 103 | + | 13 monthly distribution thereof of funds accumulated during the | |
| 104 | + | 14 preceding month shall be made by the auditor of state | |
| 105 | + | 15 comptroller. | |
| 106 | + | 16 (2) Of the net amount in the motor vehicle highway account, the | |
| 107 | + | 17 auditor of state comptroller shall set aside for the counties of the | |
| 108 | + | 18 state twenty-five and eighty-seven hundredths percent (25.87%). | |
| 109 | + | 19 However, as to the allocation to cities and towns under | |
| 110 | + | 20 subdivision (1) and as to the allocation to counties under this | |
| 111 | + | 21 subdivision, in the event that the amount in the motor vehicle | |
| 112 | + | 22 highway account fund remaining after refunds and after the | |
| 113 | + | 23 payment of all expenses incurred in the collection thereof is less | |
| 114 | + | 24 than twenty-two million six hundred fifty thousand dollars | |
| 115 | + | 25 ($22,650,000) in any fiscal year, then the amount so set aside in | |
| 116 | + | 26 the next calendar year for distributions to counties shall be | |
| 117 | + | 27 reduced fifty-four percent (54%) of such deficit and the amount | |
| 118 | + | 28 so set aside for distribution in the next calendar year to cities and | |
| 119 | + | 29 towns shall be reduced thirteen percent (13%) of such deficit. | |
| 120 | + | 30 Such reduced distributions shall begin with the distribution | |
| 121 | + | 31 January 1 of each year. | |
| 122 | + | 32 (3) The amount set aside for the counties of the state under the | |
| 123 | + | 33 provisions of subdivision (2) shall be allocated monthly upon the | |
| 124 | + | 34 following basis: | |
| 125 | + | 35 (A) Five percent (5%) of the amount allocated to the counties | |
| 126 | + | 36 to be divided equally among the ninety-two (92) counties. | |
| 127 | + | 37 (B) Sixty-five percent (65%) of the amount allocated to the | |
| 128 | + | 38 counties to be divided on the basis of the ratio of the actual | |
| 129 | + | 39 miles, now traveled and in use, of county roads in each county | |
| 130 | + | 40 to the total mileage of county roads in the state, which shall be | |
| 131 | + | 41 annually determined, accurately, by the department and | |
| 132 | + | 42 submitted to the auditor of state comptroller before April 1 of | |
| 133 | + | EH 1162—LS 6594/DI 137 3 | |
| 83 | 134 | 1 each year. | |
| 84 | - | All money so distributed to the several counties of the state shall | |
| 85 | - | constitute a special road fund for each of the respective counties | |
| 86 | - | and shall be under the exclusive supervision and direction of the | |
| 87 | - | board of county commissioners in the construction, | |
| 88 | - | reconstruction, maintenance, or repair of the county highways or | |
| 89 | - | bridges on such county highways within such county. | |
| 90 | - | (4) Each month the remainder of the net amount in the motor | |
| 91 | - | vehicle highway account shall be credited to the state highway | |
| 92 | - | fund for the use of the department. | |
| 93 | - | (5) Money in the fund may not be used for any toll road or toll | |
| 94 | - | bridge project. | |
| 95 | - | (6) Notwithstanding any other provisions of this section, money | |
| 96 | - | in the motor vehicle highway account fund may be appropriated | |
| 97 | - | to the Indiana department of transportation from the amounts | |
| 98 | - | distributed to the political subdivisions of the state to pay the | |
| 99 | - | costs incurred by the department in providing services to those | |
| 100 | - | subdivisions. | |
| 101 | - | (7) Notwithstanding any other provisions of this section or of | |
| 102 | - | IC 8-14-8, for the purpose of maintaining a sufficient working | |
| 103 | - | balance in accounts established primarily to facilitate the | |
| 104 | - | matching of federal and local money for highway projects, money | |
| 105 | - | may be appropriated to the Indiana department of transportation | |
| 106 | - | as follows: | |
| 107 | - | (A) One-half (1/2) from the amounts set aside under | |
| 108 | - | subdivisions (1) and (2) for counties and for those cities and | |
| 109 | - | towns with a population greater than five thousand (5,000). | |
| 110 | - | (B) One-half (1/2) from the distressed road fund under | |
| 111 | - | IC 8-14-8. | |
| 112 | - | SECTION 2. IC 9-13-2-48, AS AMENDED BY P.L.211-2023, | |
| 113 | - | SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 114 | - | JULY 1, 2024]: Sec. 48. "Driver's license" means the following: | |
| 115 | - | (1) Any type of license issued by the state in the form of a | |
| 116 | - | physical credential authorizing an individual to operate the type | |
| 117 | - | of vehicle for which the license was issued, in the manner for | |
| 118 | - | which the license was issued, on a highway. The term includes | |
| 119 | - | any endorsements added to the license under IC 9-24-8.5. | |
| 120 | - | (2) Except for a commercial driver's license issued under | |
| 121 | - | IC 9-24-6.1, Any type of license issued by the state in the form of | |
| 122 | - | HEA 1162 — CC 1 4 | |
| 123 | - | a mobile credential authorizing an individual to operate the type | |
| 124 | - | of vehicle for which the license was issued, in the manner for | |
| 125 | - | which the license was issued, on a highway. The term includes | |
| 126 | - | any endorsements added to the license under IC 9-24-8.5. | |
| 127 | - | SECTION 3. IC 9-13-2-78, AS AMENDED BY P.L.211-2023, | |
| 135 | + | 2 (C) Thirty percent (30%) of the amount allocated to the | |
| 136 | + | 3 counties to be divided on the basis of the ratio of the motor | |
| 137 | + | 4 vehicle registrations of each county to the total motor vehicle | |
| 138 | + | 5 registration of the state. The bureau of motor vehicles shall | |
| 139 | + | 6 annually determine the amount number of motor vehicle | |
| 140 | + | 7 registrations by county under this clause and submit its | |
| 141 | + | 8 determination to the auditor of state comptroller before April | |
| 142 | + | 9 1 each year. | |
| 143 | + | 10 All money so distributed to the several counties of the state shall | |
| 144 | + | 11 constitute a special road fund for each of the respective counties | |
| 145 | + | 12 and shall be under the exclusive supervision and direction of the | |
| 146 | + | 13 board of county commissioners in the construction, | |
| 147 | + | 14 reconstruction, maintenance, or repair of the county highways or | |
| 148 | + | 15 bridges on such county highways within such county. | |
| 149 | + | 16 (4) Each month the remainder of the net amount in the motor | |
| 150 | + | 17 vehicle highway account shall be credited to the state highway | |
| 151 | + | 18 fund for the use of the department. | |
| 152 | + | 19 (5) Money in the fund may not be used for any toll road or toll | |
| 153 | + | 20 bridge project. | |
| 154 | + | 21 (6) Notwithstanding any other provisions of this section, money | |
| 155 | + | 22 in the motor vehicle highway account fund may be appropriated | |
| 156 | + | 23 to the Indiana department of transportation from the amounts | |
| 157 | + | 24 distributed to the political subdivisions of the state to pay the | |
| 158 | + | 25 costs incurred by the department in providing services to those | |
| 159 | + | 26 subdivisions. | |
| 160 | + | 27 (7) Notwithstanding any other provisions of this section or of | |
| 161 | + | 28 IC 8-14-8, for the purpose of maintaining a sufficient working | |
| 162 | + | 29 balance in accounts established primarily to facilitate the | |
| 163 | + | 30 matching of federal and local money for highway projects, money | |
| 164 | + | 31 may be appropriated to the Indiana department of transportation | |
| 165 | + | 32 as follows: | |
| 166 | + | 33 (A) One-half (1/2) from the amounts set aside under | |
| 167 | + | 34 subdivisions (1) and (2) for counties and for those cities and | |
| 168 | + | 35 towns with a population greater than five thousand (5,000). | |
| 169 | + | 36 (B) One-half (1/2) from the distressed road fund under | |
| 170 | + | 37 IC 8-14-8. | |
| 171 | + | 38 SECTION 2. IC 9-13-2-48, AS AMENDED BY P.L.211-2023, | |
| 172 | + | 39 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 173 | + | 40 JULY 1, 2024]: Sec. 48. "Driver's license" means the following: | |
| 174 | + | 41 (1) Any type of license issued by the state in the form of a | |
| 175 | + | 42 physical credential authorizing an individual to operate the type | |
| 176 | + | EH 1162—LS 6594/DI 137 4 | |
| 177 | + | 1 of vehicle for which the license was issued, in the manner for | |
| 178 | + | 2 which the license was issued, on a highway. The term includes | |
| 179 | + | 3 any endorsements added to the license under IC 9-24-8.5. | |
| 180 | + | 4 (2) Except for a commercial driver's license issued under | |
| 181 | + | 5 IC 9-24-6.1, Any type of license issued by the state in the form of | |
| 182 | + | 6 a mobile credential authorizing an individual to operate the type | |
| 183 | + | 7 of vehicle for which the license was issued, in the manner for | |
| 184 | + | 8 which the license was issued, on a highway. The term includes | |
| 185 | + | 9 any endorsements added to the license under IC 9-24-8.5. | |
| 186 | + | 10 SECTION 3. IC 9-13-2-78, AS AMENDED BY P.L.211-2023, | |
| 187 | + | 11 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 188 | + | 12 UPON PASSAGE]: Sec. 78. "Indiana resident" refers to a person that | |
| 189 | + | 13 is one (1) of the following: | |
| 190 | + | 14 (1) An individual who lives in Indiana for at least one hundred | |
| 191 | + | 15 eighty-three (183) days during a calendar year and who has a | |
| 192 | + | 16 legal residence in another state. However, the term does not | |
| 193 | + | 17 include an individual who lives in Indiana for any of the following | |
| 194 | + | 18 purposes: | |
| 195 | + | 19 (A) Attending a postsecondary educational institution. | |
| 196 | + | 20 (B) Serving on active duty in the armed forces of the United | |
| 197 | + | 21 States. | |
| 198 | + | 22 (C) Temporary employment. | |
| 199 | + | 23 (D) Other purposes, without the intent of making Indiana a | |
| 200 | + | 24 permanent home. | |
| 201 | + | 25 (2) An individual who is living in Indiana if the individual has no | |
| 202 | + | 26 other legal residence. | |
| 203 | + | 27 (3) An individual who is registered to vote in Indiana or who | |
| 204 | + | 28 satisfies the standards for determining residency in Indiana under | |
| 205 | + | 29 IC 3-5-5. | |
| 206 | + | 30 (4) An individual who has a dependent enrolled in an elementary | |
| 207 | + | 31 or a secondary school located in Indiana. | |
| 208 | + | 32 (5) A person that maintains a: | |
| 209 | + | 33 (A) main office; | |
| 210 | + | 34 (B) branch office; | |
| 211 | + | 35 (C) warehouse; or | |
| 212 | + | 36 (D) business facility; | |
| 213 | + | 37 in Indiana. | |
| 214 | + | 38 (6) A person that bases and operates vehicles in Indiana. | |
| 215 | + | 39 (7) A person that operates vehicles in intrastate haulage in | |
| 216 | + | 40 Indiana. | |
| 217 | + | 41 (8) A person who is living in Indiana and has been granted parole. | |
| 218 | + | 42 (9) (8) A person that has more than one-half (1/2) of the person's | |
| 219 | + | EH 1162—LS 6594/DI 137 5 | |
| 220 | + | 1 gross income (as defined in Section 61 of the Internal Revenue | |
| 221 | + | 2 Code) derived from sources in Indiana using the provisions | |
| 222 | + | 3 applicable to determining the source of adjusted gross income that | |
| 223 | + | 4 are set forth in IC 6-3-2-2. However, a person that is considered | |
| 224 | + | 5 a resident under this subdivision is not a resident if the person | |
| 225 | + | 6 proves by a preponderance of the evidence that the person is not | |
| 226 | + | 7 a resident under subdivisions (1) through (8). (7). | |
| 227 | + | 8 SECTION 4. IC 9-13-2-103.4, AS AMENDED BY P.L.211-2023, | |
| 228 | + | 9 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 229 | + | 10 JULY 1, 2024]: Sec. 103.4. "Mobile credential" means digital data | |
| 230 | + | 11 issued to a telecommunications device by the bureau under | |
| 231 | + | 12 IC 9-24-17.5 of the information contained on the following: | |
| 232 | + | 13 (1) A driver's license. | |
| 233 | + | 14 (2) A learner's permit. | |
| 234 | + | 15 (3) An identification card. | |
| 235 | + | 16 The term does not include a commercial driver's license or commercial | |
| 236 | + | 17 learner's permit issued under IC 9-24-6.1, a motorcycle learner's permit | |
| 237 | + | 18 issued under IC 9-24-8-3, a photo exempt driver's license issued under | |
| 238 | + | 19 IC 9-24-11-5(b), or a photo exempt identification card issued under | |
| 239 | + | 20 IC 9-24-16.5. | |
| 240 | + | 21 SECTION 5. IC 9-13-2-121.5 IS REPEALED [EFFECTIVE UPON | |
| 241 | + | 22 PASSAGE]. Sec. 121.5. "Parole" means temporary legal presence in | |
| 242 | + | 23 the United States under 8 U.S.C. 1182(d)(5) granted to an individual | |
| 243 | + | 24 who: | |
| 244 | + | 25 (1) is a citizen or national of Ukraine or last was a habitual | |
| 245 | + | 26 resident of Ukraine; and | |
| 246 | + | 27 (2) meets the criteria established under Section 401(a) of the | |
| 247 | + | 28 Additional Ukraine Supplemental Appropriations Act (Public | |
| 248 | + | 29 Law 117-128) as in effect on January 1, 2023. | |
| 249 | + | 30 SECTION 6. IC 9-13-2-138.5, AS ADDED BY P.L.118-2011, | |
| 250 | + | 31 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 251 | + | 32 JULY 1, 2024]: Sec. 138.5. "Proof of discharge" means a document | |
| 252 | + | 33 that: | |
| 253 | + | 34 (1) is issued by the United States Department of Defense; and | |
| 254 | + | 35 (2) confirms a veteran's discharge from the armed forces of the | |
| 255 | + | 36 United States. | |
| 256 | + | 37 The term includes a DD-214 form. physical document or digital | |
| 257 | + | 38 verification that: | |
| 258 | + | 39 (1) confirms a veteran's discharge from the armed forces of | |
| 259 | + | 40 the United States or its reserves or the National Guard; and | |
| 260 | + | 41 (2) was issued by the United States Department of Veterans | |
| 261 | + | 42 Affairs, the United States Department of Defense, or the | |
| 262 | + | EH 1162—LS 6594/DI 137 6 | |
| 263 | + | 1 National Guard Bureau. | |
| 264 | + | 2 SECTION 7. IC 9-13-2-177.3, AS AMENDED BY P.L.198-2016, | |
| 265 | + | 3 SECTION 171, IS AMENDED TO READ AS FOLLOWS | |
| 266 | + | 4 [EFFECTIVE JULY 1, 2024]: Sec. 177.3. (a) "Telecommunications | |
| 267 | + | 5 device", for purposes of IC 9-21-8, IC 9-25-4-7, IC 9-24-11-3.3 (before | |
| 268 | + | 6 its repeal), and IC 9-24-11-3.7, means an electronic or digital | |
| 269 | + | 7 telecommunications device. The term includes a: the following: | |
| 270 | + | 8 (1) A wireless telephone, personal digital assistant, pager, or | |
| 271 | + | 9 text messaging device that is intended for handheld use. | |
| 272 | + | 10 (2) personal digital assistant; | |
| 273 | + | 11 (3) pager; or | |
| 274 | + | 12 (4) text messaging device. | |
| 275 | + | 13 (2) A wearable device that blocks, in whole or in part, the field | |
| 276 | + | 14 of vision of the person wearing the device. | |
| 277 | + | 15 (b) The term does not include: | |
| 278 | + | 16 (1) amateur radio equipment that is being operated by a person | |
| 279 | + | 17 licensed as an amateur radio operator by the Federal | |
| 280 | + | 18 Communications Commission under 47 CFR Part 97; or | |
| 281 | + | 19 (2) a communications system installed in a commercial motor | |
| 282 | + | 20 vehicle weighing more than ten thousand (10,000) pounds. | |
| 283 | + | 21 SECTION 8. IC 9-14-8-2, AS ADDED BY P.L.198-2016, | |
| 284 | + | 22 SECTION 188, IS AMENDED TO READ AS FOLLOWS | |
| 285 | + | 23 [EFFECTIVE JULY 1, 2024]: Sec. 2. The bureau shall do the | |
| 286 | + | 24 following: | |
| 287 | + | 25 (1) Prescribe and provide all forms necessary to carry out any | |
| 288 | + | 26 laws or rules administered and enforced by the bureau. Each | |
| 289 | + | 27 form must state the law or rule making the form necessary. | |
| 290 | + | 28 (2) Maintain records under IC 9-14-12. | |
| 291 | + | 29 (3) At the close of the calendar year, make a final settlement for | |
| 292 | + | 30 all the money in accounts administered by the bureau and make | |
| 293 | + | 31 any necessary adjustments to meet the intent of IC 8-14-2. | |
| 294 | + | 32 SECTION 9. IC 9-14-8-3.5 IS REPEALED [EFFECTIVE UPON | |
| 295 | + | 33 PASSAGE]. Sec. 3.5. The bureau of motor vehicles shall adopt rules | |
| 296 | + | 34 under IC 4-22-2, including emergency rules in the manner provided | |
| 297 | + | 35 under IC 4-22-2-37.1, necessary to implement the issuance and | |
| 298 | + | 36 administration of the following: | |
| 299 | + | 37 (1) Driver's licenses, permits, or identification cards for | |
| 300 | + | 38 individuals granted parole. | |
| 301 | + | 39 (2) Registrations and certificates of title for motor vehicles of | |
| 302 | + | 40 individuals granted parole. | |
| 303 | + | 41 SECTION 10. IC 9-14-12-3, AS ADDED BY P.L.198-2016, | |
| 304 | + | 42 SECTION 192, IS AMENDED TO READ AS FOLLOWS | |
| 305 | + | EH 1162—LS 6594/DI 137 7 | |
| 306 | + | 1 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) For each individual licensed | |
| 307 | + | 2 by the bureau to operate a motor vehicle, the bureau shall create and | |
| 308 | + | 3 maintain a driving record that contains the following: | |
| 309 | + | 4 (1) The individual's convictions for any of the following: | |
| 310 | + | 5 (A) A moving traffic violation. | |
| 311 | + | 6 (B) Operating a vehicle without financial responsibility in | |
| 312 | + | 7 violation of IC 9-25. | |
| 313 | + | 8 (2) Any administrative penalty imposed by the bureau. | |
| 314 | + | 9 (3) Any suspensions, revocations, or reinstatements of the | |
| 315 | + | 10 individual's driving privileges, license, or permit. | |
| 316 | + | 11 (4) If the driving privileges of the individual have been suspended | |
| 317 | + | 12 or revoked by the bureau, an entry in the record stating that a | |
| 318 | + | 13 notice of suspension or revocation was mailed to the individual by | |
| 319 | + | 14 the bureau or sent electronically if the individual has indicated | |
| 320 | + | 15 a preference for receiving notices from the bureau | |
| 321 | + | 16 electronically, and the date of the mailing or sending of the | |
| 322 | + | 17 notice. | |
| 323 | + | 18 (5) Any requirement that the individual may operate only a motor | |
| 324 | + | 19 vehicle equipped with a certified ignition interlock device. | |
| 325 | + | 20 A driving record may not contain voter registration information. | |
| 326 | + | 21 (b) For an Indiana resident who does not hold any type of valid | |
| 327 | + | 22 driving license, the bureau shall maintain a driving record as provided | |
| 328 | + | 23 in IC 9-24-18-9. | |
| 329 | + | 24 SECTION 11. IC 9-17-2-14.5, AS AMENDED BY P.L.27-2018, | |
| 330 | + | 25 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 331 | + | 26 JULY 1, 2024]: Sec. 14.5. (a) The bureau may: | |
| 332 | + | 27 (1) make investigations or require additional information; and | |
| 333 | + | 28 (2) reject an application or request; | |
| 334 | + | 29 if the bureau is not satisfied of the genuineness, regularity, or legality | |
| 335 | + | 30 of an application or the truth of a statement in an application, or for any | |
| 336 | + | 31 other reason. | |
| 337 | + | 32 (b) If the bureau is satisfied that the person applying for a certificate | |
| 338 | + | 33 of title for a vehicle is the owner of the vehicle, the bureau shall issue | |
| 339 | + | 34 a certificate of title for the vehicle after the person pays the applicable | |
| 340 | + | 35 fee under subsection (c) or (d). | |
| 341 | + | 36 (c) The fee for a certificate of title for a vehicle other than a | |
| 342 | + | 37 watercraft is fifteen dollars ($15). Except as provided in subsection (e), | |
| 343 | + | 38 the fee shall be distributed as follows: | |
| 344 | + | 39 (1) Fifty cents ($0.50) to the state motor vehicle technology fund. | |
| 345 | + | 40 (2) To the motor vehicle highway account as follows: | |
| 346 | + | 41 (A) For a title issued before January 1, 2017, one dollar ($1). | |
| 347 | + | 42 (B) For a title issued after December 31, 2016, three dollars | |
| 348 | + | EH 1162—LS 6594/DI 137 8 | |
| 349 | + | 1 and twenty-five cents ($3.25). | |
| 350 | + | 2 (3) For a title issued before January 1, 2017, three dollars ($3) to | |
| 351 | + | 3 the highway, road and street fund. | |
| 352 | + | 4 (4) Five dollars ($5) to the crossroads 2000 fund. | |
| 353 | + | 5 (5) One dollar and twenty-five cents ($1.25) to the integrated | |
| 354 | + | 6 public safety communications fund. | |
| 355 | + | 7 (6) To the commission fund as follows: | |
| 356 | + | 8 (A) For a title issued before January 1, 2017, four dollars and | |
| 357 | + | 9 twenty-five cents ($4.25). | |
| 358 | + | 10 (B) For a title issued after December 31, 2016, five dollars | |
| 359 | + | 11 ($5). | |
| 360 | + | 12 (d) The fee for a certificate of title for a watercraft is as follows: | |
| 361 | + | 13 (1) For a certificate of title issued before January 1, 2017, fifteen | |
| 362 | + | 14 dollars and fifty cents ($15.50). The fee shall be distributed as | |
| 363 | + | 15 follows: | |
| 364 | + | 16 (A) Fifty cents ($0.50) to the state motor vehicle technology | |
| 365 | + | 17 fund. | |
| 366 | + | 18 (B) Two dollars ($2) to the crossroads 2000 fund. | |
| 367 | + | 19 (C) One dollar and twenty-five cents ($1.25) to the integrated | |
| 368 | + | 20 public safety communications fund. | |
| 369 | + | 21 (D) Four dollars and seventy-five cents ($4.75) to the | |
| 370 | + | 22 commission fund. | |
| 371 | + | 23 (E) Seven dollars ($7) to the department of natural resources. | |
| 372 | + | 24 (2) For a certificate of title issued after December 31, 2016, | |
| 373 | + | 25 fifteen dollars ($15). The fee shall be distributed as follows: | |
| 374 | + | 26 (A) Fifty cents ($0.50) to the state motor vehicle technology | |
| 375 | + | 27 fund. | |
| 376 | + | 28 (B) Three dollars and twenty-five cents ($3.25) to the motor | |
| 377 | + | 29 vehicle highway account. | |
| 378 | + | 30 (C) Five dollars ($5) to the crossroads 2000 fund. | |
| 379 | + | 31 (D) One dollar and twenty-five cents ($1.25) to the integrated | |
| 380 | + | 32 public safety communications fund. | |
| 381 | + | 33 (E) Five dollars ($5) to the commission fund. | |
| 382 | + | 34 (e) Fees paid by dealers under this section shall be deposited in the | |
| 383 | + | 35 motor vehicle odometer fund. | |
| 384 | + | 36 (f) Except as provided in subsection (g), the bureau shall deliver a | |
| 385 | + | 37 certificate of title: | |
| 386 | + | 38 (1) to the person that owns the vehicle for which the certificate of | |
| 387 | + | 39 title was issued, if no lien or encumbrance appears on the | |
| 388 | + | 40 certificate of title; or | |
| 389 | + | 41 (2) if a lien or an encumbrance appears on the certificate of title, | |
| 390 | + | 42 to the person that holds the lien or encumbrance as set forth in the | |
| 391 | + | EH 1162—LS 6594/DI 137 9 | |
| 392 | + | 1 application for the certificate of title. | |
| 393 | + | 2 (g) If a certificate of title is maintained electronically by the bureau, | |
| 394 | + | 3 the bureau is not required to physically deliver the certificate of title | |
| 395 | + | 4 but shall provide electronic notification: | |
| 396 | + | 5 (1) to the person who owns the vehicle for which the certificate of | |
| 397 | + | 6 title was issued, if no lien or encumbrance appears on the | |
| 398 | + | 7 certificate of title; or | |
| 399 | + | 8 (2) if a lien or an encumbrance appears on the certificate of title, | |
| 400 | + | 9 to the person that holds the lien or an encumbrance as set forth in | |
| 401 | + | 10 the application for the certificate of title. | |
| 402 | + | 11 SECTION 12. IC 9-18.1-13-3, AS AMENDED BY P.L.257-2017, | |
| 403 | + | 12 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 404 | + | 13 JANUARY 1, 2025]: Sec. 3. (a) Upon payment of the annual | |
| 405 | + | 14 registration fee under IC 9-18.1-5 and any applicable commercial | |
| 406 | + | 15 vehicle excise tax under IC 6-6-5.5, the department of state revenue | |
| 407 | + | 16 may issue a license plate for each commercial vehicle registered to the | |
| 408 | + | 17 owner of at least twenty-five (25) five (5) commercial vehicles. The | |
| 409 | + | 18 license plate issued under this section for a commercial vehicle is | |
| 410 | + | 19 permanently valid. | |
| 411 | + | 20 (b) The application of registration for the commercial vehicles must | |
| 412 | + | 21 be on an aggregate basis by electronic means. If the application is | |
| 413 | + | 22 approved, the department of state revenue shall issue a certificate of | |
| 414 | + | 23 registration that shall be carried at all times in the vehicle for which it | |
| 415 | + | 24 is issued. | |
| 416 | + | 25 (c) The registration for a commercial vehicle is void when the | |
| 417 | + | 26 registered owner: | |
| 418 | + | 27 (1) sells (and does not replace); | |
| 419 | + | 28 (2) disposes of; or | |
| 420 | + | 29 (3) does not renew the registration of; | |
| 421 | + | 30 the commercial vehicle or the commercial vehicle is destroyed. | |
| 422 | + | 31 (d) This section does not relieve the owner of a vehicle from | |
| 423 | + | 32 payment of any applicable commercial vehicle excise tax under | |
| 424 | + | 33 IC 6-6-5.5 on a yearly basis. | |
| 425 | + | 34 (e) A registered license plate issued under subsection (a) may be | |
| 426 | + | 35 transferred to another vehicle in a fleet of the same weight and plate | |
| 427 | + | 36 type, with a new certificate of registration issued under subsection (b), | |
| 428 | + | 37 upon application to the department of state revenue. A commercial | |
| 429 | + | 38 vehicle excise tax credit may be applied to any plate transfer of the | |
| 430 | + | 39 same vehicle type and same weight category. | |
| 431 | + | 40 (f) The following apply to rules adopted by the bureau before | |
| 432 | + | 41 January 1, 2014, under IC 9-18-2-4.5(f) (before its expiration): | |
| 433 | + | 42 (1) The rules are transferred to the department of state revenue | |
| 434 | + | EH 1162—LS 6594/DI 137 10 | |
| 435 | + | 1 and are considered rules of the department of state revenue. | |
| 436 | + | 2 (2) The rules are treated as if they had been adopted by the | |
| 437 | + | 3 department of state revenue. | |
| 438 | + | 4 (g) Upon qualification under this section, a vehicle subject to the | |
| 439 | + | 5 commercial vehicle excise tax under IC 6-6-5.5, including trailers and | |
| 440 | + | 6 semitrailers, must be registered with the department of state revenue | |
| 441 | + | 7 and issued a permanent license plate. | |
| 442 | + | 8 (h) A registered owner may continue to register commercial vehicles | |
| 443 | + | 9 under this section even after a reduction in the registered owner's fleet | |
| 444 | + | 10 to fewer than twenty-five (25) five (5) commercial vehicles. | |
| 445 | + | 11 SECTION 13. IC 9-18.1-14-4, AS ADDED BY P.L.198-2016, | |
| 446 | + | 12 SECTION 326, IS AMENDED TO READ AS FOLLOWS | |
| 447 | + | 13 [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The fee to register an off-road | |
| 448 | + | 14 vehicle or snowmobile is thirty dollars ($30). The fee shall be | |
| 449 | + | 15 deposited in the off-road vehicle and snowmobile fund established by | |
| 450 | + | 16 IC 14-16-1-30. | |
| 451 | + | 17 (b) The registration of an off-road vehicle or a snowmobile under | |
| 452 | + | 18 this chapter is valid until the earlier of the following: | |
| 453 | + | 19 (1) Three (3) years from the date of registration or renewal under | |
| 454 | + | 20 this chapter. | |
| 455 | + | 21 (2) The date on which the off-road vehicle or snowmobile is sold | |
| 456 | + | 22 or transferred to another person. The bureau may designate an | |
| 457 | + | 23 expiration month that aligns with the schedule of expiration | |
| 458 | + | 24 dates described in IC 9-18.1-11-1. However, the registration | |
| 459 | + | 25 period must be at least thirty-six (36) months and not more | |
| 460 | + | 26 than forty-eight (48) months for a given registration or | |
| 461 | + | 27 renewal. | |
| 462 | + | 28 (c) If a person sells or otherwise disposes of an off-road vehicle or | |
| 463 | + | 29 snowmobile: | |
| 464 | + | 30 (1) the certificate of registration and decals for the off-road | |
| 465 | + | 31 vehicle or snowmobile are canceled; and | |
| 466 | + | 32 (2) except as provided in IC 9-33-3, the person is not entitled to | |
| 467 | + | 33 a refund of any unused part of a fee paid by the person under this | |
| 468 | + | 34 section. | |
| 469 | + | 35 (d) A person that acquires an off-road vehicle or a snowmobile that | |
| 470 | + | 36 is registered under this chapter must apply to the bureau under this | |
| 471 | + | 37 chapter to register the off-road vehicle or snowmobile. | |
| 472 | + | 38 SECTION 14. IC 9-18.5-29-3, AS AMENDED BY P.L.211-2023, | |
| 473 | + | 39 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 474 | + | 40 JULY 1, 2024]: Sec. 3. (a) An individual who registers a vehicle under | |
| 475 | + | 41 this title may apply for and receive a Hoosier veteran license plate for | |
| 476 | + | 42 one (1) or more vehicles upon doing the following: | |
| 477 | + | EH 1162—LS 6594/DI 137 11 | |
| 478 | + | 1 (1) Completing an application for a Hoosier veteran license plate. | |
| 479 | + | 2 (2) Presenting one (1) of the following to the bureau: | |
| 480 | + | 3 (A) A United States Uniformed Services Retiree Identification | |
| 481 | + | 4 Card. | |
| 482 | + | 5 (B) A DD 214 or DD 215 record. Proof of discharge. | |
| 483 | + | 6 (C) United States military discharge papers. | |
| 484 | + | 7 (D) A current armed forces identification card. | |
| 485 | + | 8 (E) A physical credential or mobile credential issued to the | |
| 486 | + | 9 individual that contains an indication of veteran status under | |
| 487 | + | 10 IC 9-24-11-5.5. | |
| 488 | + | 11 (3) Paying a fee in an amount of fifteen dollars ($15). | |
| 489 | + | 12 (b) The bureau shall distribute at least one (1) time each month the | |
| 490 | + | 13 fee described in subsection (a)(3) to the director of veterans' affairs for | |
| 491 | + | 14 deposit in the military family relief fund established under | |
| 492 | + | 15 IC 10-17-12-8. | |
| 493 | + | 16 SECTION 15. IC 9-18.5-34-5 IS ADDED TO THE INDIANA | |
| 494 | + | 17 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
| 495 | + | 18 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The bureau may not require | |
| 496 | + | 19 a person, at the time of the renewal of: | |
| 497 | + | 20 (1) a registration for a collector vehicle under IC 9-18.1-5-5; | |
| 498 | + | 21 (2) a historic vehicle license plate under section 2 of this | |
| 499 | + | 22 chapter; and | |
| 500 | + | 23 (3) an authentic license plate under section 3 of this chapter; | |
| 501 | + | 24 to appear in person to affirm that the collector vehicle meets the | |
| 502 | + | 25 requirements of IC 9-13-2-28.4. | |
| 503 | + | 26 (b) The bureau may require a person to appear in person for an | |
| 504 | + | 27 initial inspection to determine the authenticity of an Indiana license | |
| 505 | + | 28 plate from the model year of a collector vehicle under section 4(c) | |
| 506 | + | 29 of this chapter. | |
| 507 | + | 30 SECTION 16. IC 9-18.5-35-3, AS ADDED BY P.L.29-2021, | |
| 508 | + | 31 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 509 | + | 32 JULY 1, 2024]: Sec. 3. (a) An individual who registers a vehicle under | |
| 510 | + | 33 this title may apply for and receive an Armed Forces Expeditionary | |
| 511 | + | 34 Medal license plate for one (1) or more vehicles upon doing the | |
| 512 | + | 35 following: | |
| 513 | + | 36 (1) Completing an application for an Armed Forces Expeditionary | |
| 514 | + | 37 Medal license plate. | |
| 515 | + | 38 (2) Presenting one (1) of the following to the bureau that shows | |
| 516 | + | 39 the individual has been awarded the Armed Forces Expeditionary | |
| 517 | + | 40 Medal: | |
| 518 | + | 41 (A) A DD 214 or DD 215 record. | |
| 519 | + | 42 (B) United States military discharge papers. | |
| 520 | + | EH 1162—LS 6594/DI 137 12 | |
| 521 | + | 1 (C) A current armed forces identification card. | |
| 522 | + | 2 (D) Digital verification through the United States | |
| 523 | + | 3 Department of Defense. | |
| 524 | + | 4 (3) Paying a fee in the amount of fifteen dollars ($15). | |
| 525 | + | 5 (b) The bureau shall distribute the fee described in subsection (a)(3) | |
| 526 | + | 6 to the director of veterans' affairs for deposit in the military family | |
| 527 | + | 7 relief fund established under IC 10-17-12-8. | |
| 528 | + | 8 SECTION 17. IC 9-21-8-59, AS AMENDED BY P.L.100-2020, | |
| 529 | + | 9 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 530 | + | 10 JULY 1, 2024]: Sec. 59. (a) Except as provided in subsections (b) and | |
| 531 | + | 11 (c), a person may not hold or use a telecommunications device while | |
| 532 | + | 12 operating a moving motor vehicle. | |
| 533 | + | 13 (b) A telecommunications device described in | |
| 534 | + | 14 IC 9-13-2-177.3(a)(1) may be used in conjunction with hands free or | |
| 535 | + | 15 voice operated technology. | |
| 536 | + | 16 (c) A telecommunications device may be used or held to call 911 to | |
| 537 | + | 17 report a bona fide emergency. | |
| 538 | + | 18 (d) A police officer may not, without the consent of the person: | |
| 539 | + | 19 (1) confiscate a telecommunications device for the purpose of | |
| 540 | + | 20 determining compliance with this section; | |
| 541 | + | 21 (2) confiscate a telecommunications device and retain it as | |
| 542 | + | 22 evidence pending trial for a violation of this section; or | |
| 543 | + | 23 (3) extract or otherwise download information from a | |
| 544 | + | 24 telecommunications device for a violation of this section unless: | |
| 545 | + | 25 (A) the police officer has probable cause to believe that the | |
| 546 | + | 26 telecommunications device has been used in the commission | |
| 547 | + | 27 of a crime; | |
| 548 | + | 28 (B) the information is extracted or otherwise downloaded | |
| 549 | + | 29 under a valid search warrant; or | |
| 550 | + | 30 (C) otherwise authorized by law. | |
| 551 | + | 31 (e) The bureau may not assess points under the point system for a | |
| 552 | + | 32 violation of this section occurring before July 1, 2021. | |
| 553 | + | 33 SECTION 18. IC 9-24-2-3, AS AMENDED BY P.L.211-2023, | |
| 554 | + | 34 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 555 | + | 35 UPON PASSAGE]: Sec. 3. (a) The bureau may not issue a driver's | |
| 556 | + | 36 license or learner's permit or grant driving privileges to the following | |
| 557 | + | 37 individuals: | |
| 558 | + | 38 (1) An individual whose driving privileges have been suspended, | |
| 559 | + | 39 during the period for which the driving privileges are suspended, | |
| 560 | + | 40 or to an individual whose driver's license has been revoked, until | |
| 561 | + | 41 the time the bureau is authorized under Indiana law to issue the | |
| 562 | + | 42 individual a new driver's license. | |
| 563 | + | EH 1162—LS 6594/DI 137 13 | |
| 564 | + | 1 (2) An individual whose learner's permit has been suspended or | |
| 565 | + | 2 revoked until the time the bureau is authorized under Indiana law | |
| 566 | + | 3 to issue the individual a new learner's permit. | |
| 567 | + | 4 (3) An individual who, in the opinion of the bureau, is afflicted | |
| 568 | + | 5 with or suffering from a physical or mental disability or disease | |
| 569 | + | 6 that prevents the individual from exercising reasonable and | |
| 570 | + | 7 ordinary control over a motor vehicle while operating the motor | |
| 571 | + | 8 vehicle on a highway. | |
| 572 | + | 9 (4) An individual who is unable to understand highway warnings | |
| 573 | + | 10 or direction signs written in the English language. | |
| 574 | + | 11 (5) An individual who is required under this article to take an | |
| 575 | + | 12 examination unless: | |
| 576 | + | 13 (A) the individual successfully passes the examination; or | |
| 577 | + | 14 (B) the bureau waives the examination requirement. | |
| 578 | + | 15 (6) An individual who is required under IC 9-25 or any other | |
| 579 | + | 16 statute to deposit or provide proof of financial responsibility and | |
| 580 | + | 17 who has not deposited or provided that proof. | |
| 581 | + | 18 (7) An individual when the bureau has good cause to believe that | |
| 582 | + | 19 the operation of a motor vehicle on a highway by the individual | |
| 583 | + | 20 would be inimical to public safety or welfare. | |
| 584 | + | 21 (8) An individual who is the subject of an order issued by: | |
| 585 | + | 22 (A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13, | |
| 586 | + | 23 IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or | |
| 587 | + | 24 (B) the Title IV-D agency; | |
| 588 | + | 25 ordering that a driver's license or permit not be issued to the | |
| 589 | + | 26 individual. | |
| 590 | + | 27 (9) Except for an individual granted parole, An individual who | |
| 591 | + | 28 has not presented valid documentary evidence to the bureau of the | |
| 592 | + | 29 individual's lawful status in the United States, as required by | |
| 593 | + | 30 IC 9-24-9-2.5. | |
| 594 | + | 31 (10) An individual who does not otherwise satisfy the | |
| 595 | + | 32 requirements of this article. | |
| 596 | + | 33 (b) An individual subject to epileptic seizures may not be denied a | |
| 597 | + | 34 driver's license or permit under this section if the individual presents | |
| 598 | + | 35 a statement from a licensed physician or an advanced practice | |
| 599 | + | 36 registered nurse, on a form prescribed by the bureau, that the individual | |
| 600 | + | 37 is under medication and is free from seizures while under medication. | |
| 601 | + | 38 SECTION 19. IC 9-24-2-4, AS AMENDED BY P.L.111-2021, | |
| 602 | + | 39 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 603 | + | 40 JULY 1, 2024]: Sec. 4. (a) If an individual is at least fifteen (15) years | |
| 604 | + | 41 of age and less than eighteen (18) years of age and is a habitual truant, | |
| 605 | + | 42 is under a suspension or an expulsion, or has withdrawn from school as | |
| 606 | + | EH 1162—LS 6594/DI 137 14 | |
| 607 | + | 1 described in section 1 of this chapter, the bureau shall, upon | |
| 608 | + | 2 notification by an authorized representative of the individual's school | |
| 609 | + | 3 corporation, suspend the individual's driving privileges until the | |
| 610 | + | 4 earliest of the following: | |
| 611 | + | 5 (1) The individual becomes eighteen (18) years of age. | |
| 612 | + | 6 (2) One hundred twenty (120) days after the individual is | |
| 613 | + | 7 suspended. | |
| 614 | + | 8 (3) The suspension, expulsion, or exclusion is reversed after the | |
| 615 | + | 9 individual has had a hearing under IC 20-33-8. | |
| 616 | + | 10 (b) The bureau shall promptly mail a notice to the individual's last | |
| 617 | + | 11 known address, or send the notice electronically if the individual has | |
| 618 | + | 12 indicated a preference for receiving notices from the bureau | |
| 619 | + | 13 electronically, that states the following: | |
| 620 | + | 14 (1) That the individual's driving privileges will be suspended for | |
| 621 | + | 15 a specified period commencing five (5) days after the date of the | |
| 622 | + | 16 notice. | |
| 623 | + | 17 (2) That the individual has the right to appeal the suspension of | |
| 624 | + | 18 the driving privileges. | |
| 625 | + | 19 (c) If an aggrieved individual believes that: | |
| 626 | + | 20 (1) the information provided was technically incorrect; or | |
| 627 | + | 21 (2) the bureau committed a technical or procedural error; | |
| 628 | + | 22 the aggrieved individual may appeal the invalidation of a driver's | |
| 629 | + | 23 license under section 5 of this chapter. | |
| 630 | + | 24 (d) If an individual satisfies the conditions for reinstatement of a | |
| 631 | + | 25 driver's license under this section, the individual may submit to the | |
| 632 | + | 26 bureau for review the necessary information certifying that at least one | |
| 633 | + | 27 (1) of the events described in subsection (a) has occurred. | |
| 634 | + | 28 (e) Upon reviewing and certifying the information received under | |
| 635 | + | 29 subsection (d), the bureau shall reinstate the individual's driving | |
| 636 | + | 30 privileges. | |
| 637 | + | 31 (f) An individual may not operate a motor vehicle in violation of this | |
| 638 | + | 32 section. | |
| 639 | + | 33 (g) An individual whose driving privileges are suspended under this | |
| 640 | + | 34 section is eligible to apply for specialized driving privileges under | |
| 641 | + | 35 IC 9-30-16. | |
| 642 | + | 36 (h) The bureau shall reinstate the driving privileges of an individual | |
| 643 | + | 37 whose driving privileges were suspended under this section if the | |
| 644 | + | 38 individual does the following: | |
| 645 | + | 39 (1) Establishes to the satisfaction of the principal of the school | |
| 646 | + | 40 where the action occurred that caused the suspension of the | |
| 647 | + | 41 driving privileges that the individual has: | |
| 648 | + | 42 (A) enrolled in a full-time or part-time program of education; | |
| 649 | + | EH 1162—LS 6594/DI 137 15 | |
| 650 | + | 1 and | |
| 651 | + | 2 (B) participated for thirty (30) or more days in the program of | |
| 652 | + | 3 education. | |
| 653 | + | 4 (2) Submits to the bureau a form developed by the bureau that | |
| 654 | + | 5 contains: | |
| 655 | + | 6 (A) the verified signature of the principal or the president of | |
| 656 | + | 7 the governing body of the school described in subdivision (1); | |
| 657 | + | 8 and | |
| 658 | + | 9 (B) notification to the bureau that the person has complied | |
| 659 | + | 10 with subdivision (1). | |
| 660 | + | 11 An individual may appeal the decision of a principal under subdivision | |
| 661 | + | 12 (1) to the governing body of the school corporation where the | |
| 662 | + | 13 principal's school is located. | |
| 663 | + | 14 SECTION 20. IC 9-24-7-4, AS AMENDED BY P.L.111-2021, | |
| 664 | + | 15 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 665 | + | 16 JULY 1, 2024]: Sec. 4. (a) A learner's permit authorizes the holder to | |
| 666 | + | 17 operate a motor vehicle, except a motorcycle or a commercial motor | |
| 667 | + | 18 vehicle, upon a highway under the following conditions: | |
| 668 | + | 19 (1) While the holder is participating in practice driving in an | |
| 669 | + | 20 approved driver education course and is accompanied in the front | |
| 670 | + | 21 seat of the motor vehicle by an individual with valid driving | |
| 671 | + | 22 privileges who: | |
| 672 | + | 23 (A) is licensed as a driver education instructor under | |
| 673 | + | 24 IC 9-27-6-8 and is working under the direction of a driver | |
| 674 | + | 25 training school described in IC 9-27-6-3(a)(2); or | |
| 675 | + | 26 (B) is a certified driver rehabilitation specialist recognized by | |
| 676 | + | 27 the bureau who is employed through a driver rehabilitation | |
| 677 | + | 28 program. | |
| 678 | + | 29 (2) While the holder is participating in practice driving after | |
| 679 | + | 30 having commenced an approved driver education course and is | |
| 680 | + | 31 accompanied in the front seat of the motor vehicle by an | |
| 681 | + | 32 individual with valid driving privileges who is at least: | |
| 682 | + | 33 (A) twenty-five (25) years of age and related to the applicant | |
| 683 | + | 34 by blood, marriage, or legal status; or | |
| 684 | + | 35 (B) if the licensed individual is the holder's spouse, twenty-one | |
| 685 | + | 36 (21) years of age. | |
| 686 | + | 37 (3) If the holder is not participating in an approved driver | |
| 687 | + | 38 education course, and is less than eighteen (18) years of age, the | |
| 688 | + | 39 holder may participate in practice driving if accompanied in the | |
| 689 | + | 40 front seat of the motor vehicle by an individual who is: | |
| 690 | + | 41 (A) a licensed driver, with valid driving privileges, who is: | |
| 691 | + | 42 (i) at least twenty-five (25) years of age; and | |
| 692 | + | EH 1162—LS 6594/DI 137 16 | |
| 693 | + | 1 (ii) related to the applicant by blood, marriage, or legal | |
| 694 | + | 2 status; | |
| 695 | + | 3 (B) the spouse of the applicant who is: | |
| 696 | + | 4 (i) a licensed driver with valid driving privileges; and | |
| 697 | + | 5 (ii) at least twenty-one (21) years of age; or | |
| 698 | + | 6 (C) an individual with valid driving privileges who: | |
| 699 | + | 7 (i) is licensed as a driver education instructor under | |
| 700 | + | 8 IC 9-27-6-8 and is working under the direction of a driver | |
| 701 | + | 9 training school described in IC 9-27-6-3(a)(2); or | |
| 702 | + | 10 (ii) is a certified driver rehabilitation specialist recognized | |
| 703 | + | 11 by the bureau who is employed through a driver | |
| 704 | + | 12 rehabilitation program; or | |
| 705 | + | 13 (iii) is a bureau or commission employee who is | |
| 706 | + | 14 conducting a skills examination. | |
| 707 | + | 15 (4) If the holder is not participating in an approved driver | |
| 708 | + | 16 education course, and is at least eighteen (18) years of age, the | |
| 709 | + | 17 holder may participate in practice driving if accompanied in the | |
| 710 | + | 18 front seat of the motor vehicle by an individual who is: | |
| 711 | + | 19 (A) a licensed driver, with valid driving privileges, who is at | |
| 712 | + | 20 least twenty-five (25) years of age; or | |
| 713 | + | 21 (B) the spouse of the applicant who is: | |
| 714 | + | 22 (i) a licensed driver with valid driving privileges; and | |
| 715 | + | 23 (ii) at least twenty-one (21) years of age. | |
| 716 | + | 24 (5) If the holder is less than eighteen (18) years of age and is | |
| 717 | + | 25 under the care and supervision of the department of child | |
| 718 | + | 26 services, the holder may participate in practice driving if | |
| 719 | + | 27 accompanied in the front seat of the motor vehicle by an | |
| 720 | + | 28 individual who is: | |
| 721 | + | 29 (A) a licensed driver with valid driving privileges who is: | |
| 722 | + | 30 (i) at least twenty-five (25) years of age; and | |
| 723 | + | 31 (ii) related to the applicant by blood, marriage, or legal | |
| 724 | + | 32 status; | |
| 725 | + | 33 (B) a licensed driver with valid driving privileges who is: | |
| 726 | + | 34 (i) at least twenty-five (25) years of age; and | |
| 727 | + | 35 (ii) approved by the department of child services; or | |
| 728 | + | 36 (C) an individual with valid driving privileges who is: | |
| 729 | + | 37 (i) licensed as a driver education instructor under | |
| 730 | + | 38 IC 9-27-6-8 and is working under the direction of a driver | |
| 731 | + | 39 training school described in IC 9-27-6-3(a)(2); or | |
| 732 | + | 40 (ii) a certified driver rehabilitation specialist recognized by | |
| 733 | + | 41 the bureau who is employed through a driver rehabilitation | |
| 734 | + | 42 program. | |
| 735 | + | EH 1162—LS 6594/DI 137 17 | |
| 736 | + | 1 (b) A holder of a learner's permit may operate a motor driven cycle. | |
| 737 | + | 2 SECTION 21. IC 9-24-8.5-2, AS AMENDED BY P.L.111-2021, | |
| 738 | + | 3 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 739 | + | 4 JULY 1, 2024]: Sec. 2. (a) A driver's license issued under IC 9-24-3 | |
| 740 | + | 5 may include one (1) or more of the following: | |
| 741 | + | 6 (1) A motorcycle endorsement under IC 9-24-8-4 (before its | |
| 742 | + | 7 expiration) or section 3 of this chapter. | |
| 743 | + | 8 (2) A for-hire endorsement under section 5 of this chapter. | |
| 744 | + | 9 (b) A commercial driver's license may include one (1) or more of | |
| 745 | + | 10 the following: | |
| 746 | + | 11 (1) A motorcycle endorsement under IC 9-24-8-4 (before its | |
| 747 | + | 12 expiration) or section 3 of this chapter. | |
| 748 | + | 13 (2) Except for a hazardous materials endorsement, an | |
| 749 | + | 14 endorsement under IC 9-24-6.1, including under any rules | |
| 750 | + | 15 adopted under IC 9-24-6.1, if the applicant is at least | |
| 751 | + | 16 twenty-one (21) years of age. | |
| 752 | + | 17 (3) A hazardous materials endorsement under IC 9-24-6.1, | |
| 753 | + | 18 including under any rules adopted under IC 9-24-6.1, if the | |
| 754 | + | 19 applicant is at least eighteen (18) years of age. | |
| 755 | + | 20 SECTION 22. IC 9-24-9-2, AS AMENDED BY P.L.211-2023, | |
| 756 | + | 21 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 757 | + | 22 UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (b), | |
| 758 | + | 23 each application for a driver's license or permit under this chapter must | |
| 759 | + | 24 require the following information: | |
| 760 | + | 25 (1) The full legal name of the applicant. | |
| 761 | + | 26 (2) The applicant's date of birth. | |
| 762 | + | 27 (3) The gender of the applicant. | |
| 763 | + | 28 (4) The applicant's height, weight, hair color, and eye color. | |
| 764 | + | 29 (5) The address of the applicant. | |
| 765 | + | 30 (6) A: | |
| 766 | + | 31 (A) valid Social Security number; or | |
| 767 | + | 32 (B) verification of an applicant's: | |
| 768 | + | 33 (i) ineligibility to be issued a Social Security number; | |
| 769 | + | 34 (ii) identity; and | |
| 770 | + | 35 (iii) lawful status. except for an individual granted parole. | |
| 771 | + | 36 (7) Whether the applicant has been subject to fainting spells or | |
| 772 | + | 37 seizures. | |
| 773 | + | 38 (8) Whether the applicant has been issued a driver's license or has | |
| 774 | + | 39 been the holder of a permit, and if so, when and by what | |
| 775 | + | 40 jurisdiction. | |
| 776 | + | 41 (9) Whether the applicant's driver's license or permit has ever | |
| 777 | + | 42 been suspended or revoked, and if so, the date of and the reason | |
| 778 | + | EH 1162—LS 6594/DI 137 18 | |
| 779 | + | 1 for the suspension or revocation. | |
| 780 | + | 2 (10) Whether the applicant has been convicted of: | |
| 781 | + | 3 (A) a crime punishable as a felony under Indiana motor | |
| 782 | + | 4 vehicle law; or | |
| 783 | + | 5 (B) any other felony in the commission of which a motor | |
| 784 | + | 6 vehicle was used; | |
| 785 | + | 7 that has not been expunged by a court. | |
| 786 | + | 8 (11) Whether the applicant has a physical or mental disability, | |
| 787 | + | 9 and if so, the nature of the disability. | |
| 788 | + | 10 (12) The signature of the applicant showing the applicant's legal | |
| 789 | + | 11 name as it appears or will appear on the driver's license or permit. | |
| 790 | + | 12 (13) A digital photograph of the applicant. | |
| 791 | + | 13 (14) Any other information the bureau requires. | |
| 792 | + | 14 (b) For purposes of subsection (a), an individual certified as a | |
| 793 | + | 15 program participant in the address confidentiality program under | |
| 794 | + | 16 IC 5-26.5 is not required to provide the individual's address, but may | |
| 795 | + | 17 provide an address designated by the office of the attorney general | |
| 796 | + | 18 under IC 5-26.5 as the individual's address. | |
| 797 | + | 19 (c) In addition to the information required by subsection (a), an | |
| 798 | + | 20 applicant who is required to complete at least fifty (50) hours of | |
| 799 | + | 21 supervised practice driving under IC 9-24-3-2.5(a)(1)(E) or | |
| 800 | + | 22 IC 9-24-3-2.5(a)(2)(D) must submit to the bureau evidence of the time | |
| 801 | + | 23 logged in practice driving. | |
| 802 | + | 24 SECTION 23. IC 9-24-9-2.3, AS AMENDED BY P.L.82-2019, | |
| 803 | + | 25 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 804 | + | 26 JULY 1, 2024]: Sec. 2.3. (a) Except for an application for a minor | |
| 805 | + | 27 applicant, an application for a driver's license or permit under this | |
| 806 | + | 28 chapter must contain the following questions: | |
| 807 | + | 29 (1) "Have you served in the armed forces of the United States?". | |
| 808 | + | 30 (2) "Are you the surviving spouse of someone who served in the | |
| 809 | + | 31 armed forces of the United States or their reserves, in the National | |
| 810 | + | 32 Guard, or in the Indiana National Guard?". | |
| 811 | + | 33 (b) In addition to the questions set forth in subsection (a), an | |
| 812 | + | 34 application for a driver's license or permit to be issued under this article | |
| 813 | + | 35 must enable the applicant to indicate the following: | |
| 814 | + | 36 (1) The applicant is a veteran and wishes to have an indication of | |
| 815 | + | 37 the applicant's veteran status appear on the driver's license or | |
| 816 | + | 38 permit. | |
| 817 | + | 39 (2) The applicant is the surviving spouse of a veteran of the armed | |
| 818 | + | 40 forces of the United States and wishes to have an indication of the | |
| 819 | + | 41 applicant's status as a surviving spouse of a veteran appear on the | |
| 820 | + | 42 license or permit. | |
| 821 | + | EH 1162—LS 6594/DI 137 19 | |
| 822 | + | 1 (3) The applicant has a medical condition of note and wishes to | |
| 823 | + | 2 have an identifying symbol and a brief description of the medical | |
| 824 | + | 3 condition appear on the driver's license or permit. | |
| 825 | + | 4 (c) The bureau shall keep in a data base and share the information | |
| 826 | + | 5 submitted under subsections (a), (b)(1), and (b)(2) upon request by the | |
| 827 | + | 6 Indiana department of veterans' affairs. The information submitted | |
| 828 | + | 7 under subsections (a), (b)(1), and (b)(2) may be used by the Indiana | |
| 829 | + | 8 department of veterans' affairs to develop outreach programs for | |
| 830 | + | 9 veterans and their families. | |
| 831 | + | 10 (d) The application for a driver's license or permit under this chapter | |
| 832 | + | 11 must indicate that an applicant has the option whether or not to answer | |
| 833 | + | 12 the questions set forth in subsection (a). | |
| 834 | + | 13 SECTION 24. IC 9-24-9-2.5, AS AMENDED BY P.L.211-2023, | |
| 835 | + | 14 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 836 | + | 15 UPON PASSAGE]: Sec. 2.5. In addition to the information required | |
| 837 | + | 16 from the applicant for a driver's license or permit under sections 1 and | |
| 838 | + | 17 2 of this chapter, the bureau shall require an applicant to present to the | |
| 839 | + | 18 bureau valid documentary evidence that the applicant has lawful status. | |
| 840 | + | 19 or is granted parole. | |
| 841 | + | 20 SECTION 25. IC 9-24-11-5, AS AMENDED BY P.L.211-2023, | |
| 842 | + | 21 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 843 | + | 22 UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (d), a | |
| 844 | + | 23 learner's permit or driver's license issued under this article must contain | |
| 845 | + | 24 the following information: | |
| 846 | + | 25 (1) The full legal name of the permittee or licensee. | |
| 847 | + | 26 (2) The date of birth of the permittee or licensee. | |
| 848 | + | 27 (3) The address of the principal residence of the permittee or | |
| 849 | + | 28 licensee. | |
| 850 | + | 29 (4) The hair color and eye color of the permittee or licensee. | |
| 851 | + | 30 (5) The date of issue and expiration date of the permit or license. | |
| 852 | + | 31 (6) The gender of the permittee or licensee. | |
| 853 | + | 32 (7) The unique identifying number of the permit or license. | |
| 854 | + | 33 (8) The weight of the permittee or licensee. | |
| 855 | + | 34 (9) The height of the permittee or licensee. | |
| 856 | + | 35 (10) A reproduction of the signature of the permittee or licensee. | |
| 857 | + | 36 (11) If the permittee or licensee is less than eighteen (18) years of | |
| 858 | + | 37 age at the time of issuance, the dates, notated prominently, on | |
| 859 | + | 38 which the permittee or licensee will become: | |
| 860 | + | 39 (A) eighteen (18) years of age; and | |
| 861 | + | 40 (B) twenty-one (21) years of age. | |
| 862 | + | 41 (12) If the permittee or licensee is at least eighteen (18) years of | |
| 863 | + | 42 age but less than twenty-one (21) years of age at the time of | |
| 864 | + | EH 1162—LS 6594/DI 137 20 | |
| 865 | + | 1 issuance, the date, notated prominently, on which the permittee or | |
| 866 | + | 2 licensee will become twenty-one (21) years of age. | |
| 867 | + | 3 (13) Except as provided in subsection (b), a digital photograph of | |
| 868 | + | 4 the permittee or licensee. | |
| 869 | + | 5 (b) The bureau may provide for the omission of a photograph or | |
| 870 | + | 6 computerized image from any driver's license or learner's permit issued | |
| 871 | + | 7 in the form of a physical credential if there is good cause for the | |
| 872 | + | 8 omission. However, a driver's license or learner's permit issued without | |
| 873 | + | 9 a digital photograph may not be issued in the form of a mobile | |
| 874 | + | 10 credential and must include a statement that indicates that the driver's | |
| 875 | + | 11 license or learner's permit issued without a digital photograph may not | |
| 876 | + | 12 be accepted by a federal agency for federal identification or any other | |
| 877 | + | 13 federal purpose. | |
| 878 | + | 14 (c) A driver's license or learner's permit issued to an individual who | |
| 879 | + | 15 has | |
| 880 | + | 16 (1) temporary lawful status as indicated by: | |
| 881 | + | 17 (A) (1) a valid, unexpired nonimmigrant visa or has | |
| 882 | + | 18 nonimmigrant visa status for entry in the United States; | |
| 883 | + | 19 (B) (2) a pending application for asylum in the United States; | |
| 884 | + | 20 (C) (3) a pending or approved application for temporary | |
| 885 | + | 21 protected status in the United States; | |
| 886 | + | 22 (D) (4) having an approved deferred action status; or | |
| 887 | + | 23 (E) (5) a pending application for adjustment of status to that of | |
| 888 | + | 24 an alien lawfully admitted for permanent residence in the | |
| 889 | + | 25 United States or conditional permanent residence status in the | |
| 890 | + | 26 United States; or | |
| 891 | + | 27 (2) been granted parole; | |
| 892 | + | 28 must be clearly identified as a temporary driver's license or learner's | |
| 893 | + | 29 permit. A temporary driver's license or learner's permit issued under | |
| 894 | + | 30 this subsection may not be renewed without the presentation of valid | |
| 895 | + | 31 documentary evidence proving that the licensee's or permittee's | |
| 896 | + | 32 temporary status has been extended. | |
| 897 | + | 33 (d) For purposes of subsection (a), an individual certified as a | |
| 898 | + | 34 program participant in the address confidentiality program under | |
| 899 | + | 35 IC 5-26.5 is not required to provide the address of the individual's | |
| 900 | + | 36 principal residence, but may provide an address designated by the | |
| 901 | + | 37 office of the attorney general under IC 5-26.5 as the address of the | |
| 902 | + | 38 individual's principal residence. | |
| 903 | + | 39 SECTION 26. IC 9-24-11-5.5, AS AMENDED BY P.L.120-2020, | |
| 904 | + | 40 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 905 | + | 41 JULY 1, 2024]: Sec. 5.5. (a) If an individual has: | |
| 906 | + | 42 (1) indicated on the application for a driver's license or learner's | |
| 907 | + | EH 1162—LS 6594/DI 137 21 | |
| 908 | + | 1 permit that the individual is a veteran and wishes to have an | |
| 909 | + | 2 indication of the individual's veteran status appear on the driver's | |
| 910 | + | 3 license or learner's permit; and | |
| 911 | + | 4 (2) provided proof of discharge at the time of application of the | |
| 912 | + | 5 individual's veteran status; | |
| 913 | + | 6 an indication of the individual's veteran status shall be shown on the | |
| 914 | + | 7 driver's license or learner's permit. | |
| 915 | + | 8 (b) If an individual has: | |
| 916 | + | 9 (1) indicated on the individual's application for a driver's license | |
| 917 | + | 10 or learner's permit that the applicant: | |
| 918 | + | 11 (A) is a surviving spouse of a veteran; and | |
| 919 | + | 12 (B) wishes to have an indication of the applicant's status as a | |
| 920 | + | 13 surviving spouse of a veteran appear on the driver's license or | |
| 921 | + | 14 learner's permit; and | |
| 922 | + | 15 (2) provided the documentation necessary to verify that the | |
| 923 | + | 16 applicant was married, at the time of the decedent's death, to a | |
| 924 | + | 17 veteran; | |
| 925 | + | 18 an indication of the individual's status as a surviving spouse of a | |
| 926 | + | 19 veteran shall be shown on the driver's license or learner's permit. | |
| 927 | + | 20 (c) If an individual submits information concerning the individual's | |
| 928 | + | 21 medical condition in conjunction with the individual's application for | |
| 929 | + | 22 a driver's license or learner's permit, the bureau shall place an | |
| 930 | + | 23 identifying symbol in a prominent location on a driver's license or | |
| 931 | + | 24 learner's permit to indicate that the individual has a medical condition | |
| 932 | + | 25 of note. The bureau shall include information on the individual's | |
| 933 | + | 26 driver's license or learner's permit that briefly describes the individual's | |
| 934 | + | 27 medical condition. The information must be notated in a manner that | |
| 935 | + | 28 alerts an individual reading the driver's license or learner's permit to the | |
| 936 | + | 29 existence of the medical condition. The individual submitting the | |
| 937 | + | 30 information concerning the medical condition is responsible for its | |
| 938 | + | 31 accuracy. | |
| 939 | + | 32 (d) Notwithstanding the July 1, 2021, effective date in HEA | |
| 940 | + | 33 1506-2019, SECTION 50 (P.L.178-2019), this section takes effect July | |
| 941 | + | 34 1, 2020 (rather than July 1, 2021). | |
| 942 | + | 35 SECTION 27. IC 9-24-12-1, AS AMENDED BY P.L.211-2023, | |
| 943 | + | 36 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 944 | + | 37 UPON PASSAGE]: Sec. 1. (a) Except as provided in sections 10 and | |
| 945 | + | 38 11 of this chapter, a driver's license issued in the form of a physical | |
| 946 | + | 39 credential to an applicant who is at least seventy-five (75) years of age | |
| 947 | + | 40 expires at midnight of the birthday of the holder that occurs three (3) | |
| 948 | + | 41 years following the date of issuance. | |
| 949 | + | 42 (b) Except as provided in subsections (a) and (c) and sections 10 | |
| 950 | + | EH 1162—LS 6594/DI 137 22 | |
| 951 | + | 1 and 11 of this chapter, a driver's license issued in the form of a physical | |
| 952 | + | 2 credential under this article expires at midnight of the birthday of the | |
| 953 | + | 3 holder that occurs six (6) years following the date of issuance. | |
| 954 | + | 4 (c) A driver's license issued in the form of a physical credential to | |
| 955 | + | 5 an individual who is less than twenty-one (21) years of age expires at | |
| 956 | + | 6 midnight of the date thirty (30) days after the twenty-first birthday of | |
| 957 | + | 7 the holder. However, if the individual complies with IC 9-24-9-2.5, or | |
| 958 | + | 8 is granted parole, the driver's license expires: | |
| 959 | + | 9 (1) at midnight one (1) year after issuance if there is no expiration | |
| 960 | + | 10 date on the authorization granted to the individual to remain in the | |
| 961 | + | 11 United States; or | |
| 962 | + | 12 (2) if there is an expiration date on the authorization granted to | |
| 963 | + | 13 the individual to remain in the United States, the earlier of the | |
| 964 | + | 14 following: | |
| 965 | + | 15 (A) At midnight of the date the authorization to remain in the | |
| 966 | + | 16 United States expires. | |
| 967 | + | 17 (B) At midnight of the date thirty (30) days after the | |
| 968 | + | 18 twenty-first birthday of the holder. | |
| 969 | + | 19 SECTION 28. IC 9-24-12-4, AS AMENDED BY P.L.211-2023, | |
| 970 | + | 20 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 971 | + | 21 UPON PASSAGE]: Sec. 4. (a) Except as provided in subsections (c) | |
| 972 | + | 22 and (d), the application for renewal of: | |
| 973 | + | 23 (1) a driver's license; | |
| 974 | + | 24 (2) a chauffeur's license (before the expiration of IC 9-24-4 on | |
| 975 | + | 25 July 1, 2024); | |
| 976 | + | 26 (3) a public passenger chauffeur's license (before the expiration | |
| 977 | + | 27 of IC 9-24-5 on July 1, 2022); | |
| 978 | + | 28 (4) an identification card; or | |
| 979 | + | 29 (5) a photo exempt identification card; | |
| 980 | + | 30 under this article may be filed not more than twenty-four (24) months | |
| 981 | + | 31 before the expiration date of the license, identification card, or photo | |
| 982 | + | 32 exempt identification card held by the applicant. | |
| 983 | + | 33 (b) Except as provided in subsections (c) and (d), an application for | |
| 984 | + | 34 the renewal of a learner's permit issued under this article may be filed | |
| 985 | + | 35 not more than thirty (30) days before the expiration of the learner's | |
| 986 | + | 36 permit. | |
| 987 | + | 37 (c) When the applicant complies with IC 9-24-9-2.5, or is granted | |
| 988 | + | 38 parole, an application for renewal of a driver's license in subsection | |
| 989 | + | 39 (a)(1), (a)(2), or (a)(3) may be filed not more than one (1) month before | |
| 990 | + | 40 the expiration date of the license held by the applicant. | |
| 991 | + | 41 (d) When the applicant complies with IC 9-24-16-3.5, an application | |
| 992 | + | 42 for renewal of an identification card under subsection (a)(4) may be | |
| 993 | + | EH 1162—LS 6594/DI 137 23 | |
| 994 | + | 1 filed not more than one (1) month before the expiration date of the | |
| 995 | + | 2 identification card held by the applicant. | |
| 996 | + | 3 SECTION 29. IC 9-24-12-6, AS AMENDED BY P.L.85-2013, | |
| 997 | + | 4 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 998 | + | 5 JULY 1, 2024]: Sec. 6. (a) When the Indiana driver's license of an | |
| 999 | + | 6 individual who is temporarily residing outside Indiana because of | |
| 1000 | + | 7 service in the armed forces of the United States has expired, the driver's | |
| 1001 | + | 8 license remains valid for ninety (90) days following the individual's | |
| 1002 | + | 9 discharge from service in the armed forces or postdeployment in the | |
| 1003 | + | 10 armed forces. To obtain a renewed driver's license, the individual must | |
| 1004 | + | 11 do the following: | |
| 1005 | + | 12 (1) Apply for a renewal of the driver's license during the ninety | |
| 1006 | + | 13 (90) day period following the individual's discharge or | |
| 1007 | + | 14 postdeployment in the armed forces. | |
| 1008 | + | 15 (2) Show proof of the individual's discharge from service in the | |
| 1009 | + | 16 armed forces or status as postdeployment in the armed forces to | |
| 1010 | + | 17 the bureau when applying for the renewal. | |
| 1011 | + | 18 An individual who held a commercial driver's license that expired | |
| 1012 | + | 19 during the individual's service in the armed forces may renew the | |
| 1013 | + | 20 commercial driver's license as if the commercial driver's license had | |
| 1014 | + | 21 not expired but had remained valid during the period of service in the | |
| 1015 | + | 22 armed forces of the United States. | |
| 1016 | + | 23 (b) When the Indiana driver's license of an individual who is | |
| 1017 | + | 24 temporarily residing outside Indiana because of the service of a spouse, | |
| 1018 | + | 25 parent, or guardian in the armed forces of the United States has | |
| 1019 | + | 26 expired, the driver's license remains valid for ninety (90) days | |
| 1020 | + | 27 following the discharge from service in the armed forces or end of | |
| 1021 | + | 28 deployment in the armed forces of the individual's spouse, parent, or | |
| 1022 | + | 29 guardian. To obtain a renewed driver's license, the individual must do | |
| 1023 | + | 30 the following: | |
| 1024 | + | 31 (1) Apply for a renewal of the driver's license during the ninety | |
| 1025 | + | 32 (90) day period following the discharge from or end of | |
| 1026 | + | 33 deployment in the armed forces of the individual's spouse, parent, | |
| 1027 | + | 34 or guardian. | |
| 1028 | + | 35 (2) Show proof to the bureau of the proof of discharge from or | |
| 1029 | + | 36 end of deployment in the armed forces of the individual's spouse, | |
| 1030 | + | 37 parent, or guardian when applying for the renewal. | |
| 1031 | + | 38 SECTION 30. IC 9-24-12-11, AS AMENDED BY P.L.211-2023, | |
| 1032 | + | 39 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1033 | + | 40 JULY 1, 2024]: Sec. 11. (a) This section applies to a driver's license | |
| 1034 | + | 41 other than a commercial driver's license. | |
| 1035 | + | 42 (b) If the birthday of a holder on which the holder's driver's license | |
| 1036 | + | EH 1162—LS 6594/DI 137 24 | |
| 1037 | + | 1 would otherwise expire falls on: | |
| 1038 | + | 2 (1) Sunday; | |
| 1039 | + | 3 (2) a legal holiday (as set forth in IC 1-1-9-1); or | |
| 1040 | + | 4 (3) a weekday when all license branches in the county of | |
| 1041 | + | 5 residence of the holder are closed; | |
| 1042 | + | 6 the driver's license of the holder does not expire until midnight of the | |
| 1043 | + | 7 first day after the birthday on which a license branch is open for | |
| 1044 | + | 8 business in the county of residence of the holder. | |
| 1045 | + | 9 (c) A driver's license issued to an applicant who complies with | |
| 1046 | + | 10 IC 9-24-9-2.5 or who is granted parole expires: | |
| 1047 | + | 11 (1) at midnight one (1) year after issuance if there is no expiration | |
| 1048 | + | 12 date on the authorization granted to the individual to remain in the | |
| 1049 | + | 13 United States; or | |
| 1050 | + | 14 (2) if there is an expiration date on the authorization granted to | |
| 1051 | + | 15 the individual to remain in the United States, the earlier of the | |
| 1052 | + | 16 following: | |
| 1053 | + | 17 (A) At midnight of the date the authorization of the holder to | |
| 1054 | + | 18 have lawful status as a permanent resident or conditional | |
| 1055 | + | 19 resident alien of the United States expires. | |
| 1056 | + | 20 (B) At midnight of the birthday of the holder that occurs six | |
| 1057 | + | 21 (6) years after the date of issuance. | |
| 1058 | + | 22 (d) A driver's license expires upon the bureau receiving notice | |
| 1059 | + | 23 of the death of the holder. | |
| 1060 | + | 24 SECTION 31. IC 9-24-14-3.5, AS AMENDED BY P.L.211-2023, | |
| 1061 | + | 25 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1062 | + | 26 JULY 1, 2024]: Sec. 3.5. (a) If a valid computerized image or digital | |
| 1063 | + | 27 photograph of an individual exists within the records of the bureau, an | |
| 1064 | + | 28 individual may apply for a replacement driver's license or learner's | |
| 1065 | + | 29 permit issued in the form of a physical credential by electronic service. | |
| 1066 | + | 30 (b) An individual may apply by electronic service for the | |
| 1067 | + | 31 individual's driver's license or learner's permit to be converted | |
| 1068 | + | 32 into an identification card for a nondriver. | |
| 1069 | + | 33 (b) (c) An individual applying for a replacement of a driver's license | |
| 1070 | + | 34 or a learner's permit issued in the form of a physical credential must | |
| 1071 | + | 35 apply in person at a license branch if the individual is not entitled to | |
| 1072 | + | 36 apply by mail or by electronic service. under subsection (a). | |
| 1073 | + | 37 SECTION 32. IC 9-24-16-1, AS AMENDED BY P.L.211-2023, | |
| 1074 | + | 38 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1075 | + | 39 UPON PASSAGE]: Sec. 1. The bureau shall issue an identification | |
| 1076 | + | 40 card in the form of a physical credential to an individual who meets the | |
| 1077 | + | 41 following conditions: | |
| 1078 | + | 42 (1) Makes an application. | |
| 1079 | + | EH 1162—LS 6594/DI 137 25 | |
| 1080 | + | 1 (2) Is an Indiana resident. | |
| 1081 | + | 2 (3) Has presented valid documentary evidence to the bureau of | |
| 1082 | + | 3 the individual's lawful status in the United States, or valid | |
| 1083 | + | 4 documentary evidence that the individual is granted parole, as | |
| 1084 | + | 5 required by section 3.5 of this chapter. | |
| 1085 | + | 6 SECTION 33. IC 9-24-16-2, AS AMENDED BY P.L.211-2023, | |
| 1086 | + | 7 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1087 | + | 8 JULY 1, 2024]: Sec. 2. (a) Except for an application for a minor | |
| 1088 | + | 9 applicant, an application for an identification card to be issued under | |
| 1089 | + | 10 this chapter in the form of a physical credential must contain the | |
| 1090 | + | 11 following questions: | |
| 1091 | + | 12 (1) "Have you served in the armed forces of the United States?". | |
| 1092 | + | 13 (2) "Are you the surviving spouse of someone who served in the | |
| 1093 | + | 14 armed forces of the United States or their reserves, in the National | |
| 1094 | + | 15 Guard, or in the Indiana National Guard?". | |
| 1095 | + | 16 (b) In addition to the questions set forth in subsection (a), an | |
| 1096 | + | 17 application for an identification card issued under this chapter in the | |
| 1097 | + | 18 form of a physical credential must require the following information | |
| 1098 | + | 19 concerning an applicant: | |
| 1099 | + | 20 (1) The full legal name of the applicant. | |
| 1100 | + | 21 (2) The applicant's date of birth. | |
| 1101 | + | 22 (3) The gender of the applicant. | |
| 1102 | + | 23 (4) The applicant's height, weight, hair color, and eye color. | |
| 1103 | + | 24 (5) The principal address and mailing address of the applicant. | |
| 1104 | + | 25 (6) A: | |
| 1105 | + | 26 (A) valid Social Security number; or | |
| 1106 | + | 27 (B) verification of an applicant's: | |
| 1107 | + | 28 (i) ineligibility to be issued a Social Security number; | |
| 1108 | + | 29 (ii) identity; and | |
| 1109 | + | 30 (iii) lawful status. except for an individual granted parole. | |
| 1110 | + | 31 (7) A digital photograph of the applicant. | |
| 1111 | + | 32 (8) The signature of the applicant showing the applicant's legal | |
| 1112 | + | 33 name as it will appear on the identification card issued in the form | |
| 1113 | + | 34 of a physical credential. | |
| 1114 | + | 35 (9) If the applicant is also applying for a motor driven cycle | |
| 1115 | + | 36 endorsement, verification that the applicant has satisfactorily | |
| 1116 | + | 37 completed the test required under section 3.6 of this chapter. | |
| 1117 | + | 38 (c) The bureau may invalidate an identification card issued in the | |
| 1118 | + | 39 form of a physical credential that the bureau believes to have been | |
| 1119 | + | 40 issued as a result of fraudulent documentation. | |
| 1120 | + | 41 (d) The bureau: | |
| 1121 | + | 42 (1) shall adopt rules under IC 4-22-2 to establish a procedure to | |
| 1122 | + | EH 1162—LS 6594/DI 137 26 | |
| 1123 | + | 1 verify an applicant's identity and lawful status; and | |
| 1124 | + | 2 (2) may adopt rules to establish a procedure to temporarily | |
| 1125 | + | 3 invalidate an identification card issued in the form of a physical | |
| 1126 | + | 4 credential that it believes to have been issued based on fraudulent | |
| 1127 | + | 5 documentation. | |
| 1128 | + | 6 (e) For purposes of subsection (b), an individual certified as a | |
| 1129 | + | 7 program participant in the address confidentiality program under | |
| 1130 | + | 8 IC 5-26.5 is not required to provide the individual's principal address | |
| 1131 | + | 9 and mailing address, but may provide an address designated by the | |
| 1132 | + | 10 office of the attorney general under IC 5-26.5 as the individual's | |
| 1133 | + | 11 principal address and mailing address. | |
| 1134 | + | 12 (f) In addition to the information required under subsection (b), an | |
| 1135 | + | 13 application for an identification card to be issued under this chapter in | |
| 1136 | + | 14 the form of a physical credential must enable the applicant to indicate | |
| 1137 | + | 15 that the applicant is a veteran and wishes to have an indication of the | |
| 1138 | + | 16 applicant's veteran status appear on the identification card issued in the | |
| 1139 | + | 17 form of a physical credential. An applicant who wishes to have an | |
| 1140 | + | 18 indication of the applicant's veteran status appear on the identification | |
| 1141 | + | 19 card issued in the form of a physical credential must: | |
| 1142 | + | 20 (1) indicate on the application that the applicant: | |
| 1143 | + | 21 (A) is a veteran; and | |
| 1144 | + | 22 (B) wishes to have an indication of the applicant's veteran | |
| 1145 | + | 23 status appear on the identification card; and | |
| 1146 | + | 24 (2) provide proof of discharge at the time of application of the | |
| 1147 | + | 25 applicant's veteran status. | |
| 1148 | + | 26 (g) In addition to the information required under subsection (b), an | |
| 1149 | + | 27 application for an identification card to be issued under this chapter in | |
| 1150 | + | 28 the form of a physical credential must enable the applicant to indicate | |
| 1151 | + | 29 that the applicant is a surviving spouse of a veteran and wishes to have | |
| 1152 | + | 30 an indication of the applicant's status as a surviving spouse of a veteran | |
| 1153 | + | 31 appear on the identification card issued in the form of a physical | |
| 1154 | + | 32 credential. An applicant who wishes to have an indication of the | |
| 1155 | + | 33 applicant's status as a surviving spouse of a veteran appear on the | |
| 1156 | + | 34 identification card issued in the form of a physical credential must: | |
| 1157 | + | 35 (1) indicate on the application that the applicant: | |
| 1158 | + | 36 (A) is the surviving spouse of a veteran of the armed forces of | |
| 1159 | + | 37 the United States; and | |
| 1160 | + | 38 (B) wishes to have an indication of the applicant's status as a | |
| 1161 | + | 39 surviving spouse of a veteran appear on the identification card | |
| 1162 | + | 40 issued in the form of a physical credential; and | |
| 1163 | + | 41 (2) provide the documentation necessary to verify that the | |
| 1164 | + | 42 applicant was married, at the time of the decedent's death, to a | |
| 1165 | + | EH 1162—LS 6594/DI 137 27 | |
| 1166 | + | 1 veteran. | |
| 1167 | + | 2 (h) The bureau shall keep in a data base and share the information | |
| 1168 | + | 3 submitted under subsections (a) and (g) at least annually with the | |
| 1169 | + | 4 Indiana department of veterans' affairs. The information submitted | |
| 1170 | + | 5 under subsections (a) and (g) may be used by the Indiana department | |
| 1171 | + | 6 of veterans' affairs to develop outreach programs for veterans and their | |
| 1172 | + | 7 families. | |
| 1173 | + | 8 (i) The application for an identification card to be issued under this | |
| 1174 | + | 9 chapter in the form of a physical credential must indicate that an | |
| 1175 | + | 10 applicant has the option whether or not to answer the questions set | |
| 1176 | + | 11 forth in subsection (a). | |
| 1177 | + | 12 SECTION 34. IC 9-24-16-3, AS AMENDED BY P.L.211-2023, | |
| 1178 | + | 13 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1179 | + | 14 UPON PASSAGE]: Sec. 3. (a) An identification card: | |
| 1180 | + | 15 (1) issued in the form of a physical credential must have the same | |
| 1181 | + | 16 dimensions and shape as a driver's license; and | |
| 1182 | + | 17 (2) in the form of a mobile credential must contain the same data | |
| 1183 | + | 18 contained in a driver's license; | |
| 1184 | + | 19 but the card must have markings sufficient to distinguish the card from | |
| 1185 | + | 20 a driver's license. | |
| 1186 | + | 21 (b) Except as provided in subsection (g), the front side of an | |
| 1187 | + | 22 identification card issued in the form of a physical credential must | |
| 1188 | + | 23 contain the expiration date of the identification card and the following | |
| 1189 | + | 24 information about the individual to whom the card is being issued: | |
| 1190 | + | 25 (1) Full legal name. | |
| 1191 | + | 26 (2) The address of the principal residence. | |
| 1192 | + | 27 (3) Date of birth. | |
| 1193 | + | 28 (4) Date of issue and date of expiration. | |
| 1194 | + | 29 (5) Unique identification number. | |
| 1195 | + | 30 (6) Gender. | |
| 1196 | + | 31 (7) Weight. | |
| 1197 | + | 32 (8) Height. | |
| 1198 | + | 33 (9) Color of eyes and hair. | |
| 1199 | + | 34 (10) Reproduction of the signature of the individual identified. | |
| 1200 | + | 35 (11) Whether the individual is blind (as defined in | |
| 1201 | + | 36 IC 12-7-2-21(1)). | |
| 1202 | + | 37 (12) If the individual is less than eighteen (18) years of age at the | |
| 1203 | + | 38 time of issuance, the dates on which the individual will become: | |
| 1204 | + | 39 (A) eighteen (18) years of age; and | |
| 1205 | + | 40 (B) twenty-one (21) years of age. | |
| 1206 | + | 41 (13) If the individual is at least eighteen (18) years of age but less | |
| 1207 | + | 42 than twenty-one (21) years of age at the time of issuance, the date | |
| 1208 | + | EH 1162—LS 6594/DI 137 28 | |
| 1209 | + | 1 on which the individual will become twenty-one (21) years of age. | |
| 1210 | + | 2 (14) Digital photograph of the individual. | |
| 1211 | + | 3 (c) The information contained on the identification card as required | |
| 1212 | + | 4 by subsection (b)(12) or (b)(13) for an individual who is less than | |
| 1213 | + | 5 twenty-one (21) years of age at the time of issuance shall be notated | |
| 1214 | + | 6 prominently on the identification card issued in the form of a physical | |
| 1215 | + | 7 credential. | |
| 1216 | + | 8 (d) If the individual complies with section 2(f) or 2(g) of this | |
| 1217 | + | 9 chapter, an indication of the individual's veteran status or status as the | |
| 1218 | + | 10 surviving spouse of a veteran of the armed forces of the United States, | |
| 1219 | + | 11 as applicable, shall be shown on the identification card issued in the | |
| 1220 | + | 12 form of a physical credential. | |
| 1221 | + | 13 (e) If the applicant for an identification card issued in the form of a | |
| 1222 | + | 14 physical credential submits information to the bureau concerning the | |
| 1223 | + | 15 applicant's medical condition, the bureau shall place an identifying | |
| 1224 | + | 16 symbol on the face of the identification card issued in the form of a | |
| 1225 | + | 17 physical credential to indicate that the applicant has a medical | |
| 1226 | + | 18 condition of note. The bureau shall include information on the | |
| 1227 | + | 19 identification card issued in the form of a physical credential that | |
| 1228 | + | 20 briefly describes the medical condition of the holder of the card issued | |
| 1229 | + | 21 in the form of a physical credential. The information must be printed | |
| 1230 | + | 22 in a manner that alerts a person reading the card issued in the form of | |
| 1231 | + | 23 a physical credential to the existence of the medical condition. The | |
| 1232 | + | 24 applicant for an identification card issued in the form of a physical | |
| 1233 | + | 25 credential is responsible for the accuracy of the information concerning | |
| 1234 | + | 26 the medical condition submitted under this subsection. The bureau | |
| 1235 | + | 27 shall inform an applicant that submission of information under this | |
| 1236 | + | 28 subsection is voluntary. | |
| 1237 | + | 29 (f) An identification card issued by the state to an individual who | |
| 1238 | + | 30 has | |
| 1239 | + | 31 (1) temporary lawful status as indicated by: | |
| 1240 | + | 32 (A) (1) a valid, unexpired nonimmigrant visa or has | |
| 1241 | + | 33 nonimmigrant visa status for entry in the United States; | |
| 1242 | + | 34 (B) (2) a pending application for asylum in the United States; | |
| 1243 | + | 35 (C) (3) a pending or approved application for temporary | |
| 1244 | + | 36 protected status in the United States; | |
| 1245 | + | 37 (D) (4) having an approved deferred action status; or | |
| 1246 | + | 38 (E) (5) a pending application for adjustment of status to that of | |
| 1247 | + | 39 an alien lawfully admitted for permanent residence in the | |
| 1248 | + | 40 United States or conditional permanent residence status in the | |
| 1249 | + | 41 United States; or | |
| 1250 | + | 42 (2) been granted parole; | |
| 1251 | + | EH 1162—LS 6594/DI 137 29 | |
| 1252 | + | 1 must be issued in the form of a physical credential and clearly | |
| 1253 | + | 2 identified as a temporary identification card. A temporary identification | |
| 1254 | + | 3 card issued under this subsection may not be renewed without the | |
| 1255 | + | 4 presentation of valid documentary evidence proving that the holder of | |
| 1256 | + | 5 the identification card's temporary status has been extended. | |
| 1257 | + | 6 (g) For purposes of subsection (b), an individual certified as a | |
| 1258 | + | 7 program participant in the address confidentiality program under | |
| 1259 | + | 8 IC 5-26.5 is not required to provide the address of the individual's | |
| 1260 | + | 9 principal residence, but may provide an address designated by the | |
| 1261 | + | 10 office of the attorney general under IC 5-26.5 as the address of the | |
| 1262 | + | 11 individual's principal residence. | |
| 1263 | + | 12 (h) The bureau shall validate an identification card issued in the | |
| 1264 | + | 13 form of a physical credential for motor driven cycle operation upon a | |
| 1265 | + | 14 highway by endorsement to an individual who: | |
| 1266 | + | 15 (1) applies for or has previously been issued an identification card | |
| 1267 | + | 16 under this chapter; | |
| 1268 | + | 17 (2) makes the appropriate application for endorsement; and | |
| 1269 | + | 18 (3) satisfactorily completes the test required under section 3.6 of | |
| 1270 | + | 19 this chapter. | |
| 1271 | + | 20 The bureau shall place a designation on the face of the identification | |
| 1272 | + | 21 card issued in the form of a physical credential to indicate that the | |
| 1273 | + | 22 individual has received a motor driven cycle endorsement. | |
| 1274 | + | 23 SECTION 35. IC 9-24-16-3.5, AS AMENDED BY P.L.211-2023, | |
| 1275 | + | 24 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1276 | + | 25 UPON PASSAGE]: Sec. 3.5. In addition to the information required for | |
| 1277 | + | 26 the applicant for an identification card under section 3 of this chapter, | |
| 1278 | + | 27 the bureau shall require an applicant to present to the bureau: | |
| 1279 | + | 28 (1) valid documentary evidence that the applicant has: | |
| 1280 | + | 29 (A) lawful status; or | |
| 1281 | + | 30 (B) a pending application for adjustment of status to that of an | |
| 1282 | + | 31 alien lawfully admitted for permanent residence in the United | |
| 1283 | + | 32 States or conditional permanent resident status in the United | |
| 1284 | + | 33 States; or | |
| 1285 | + | 34 (C) been granted parole; and | |
| 1286 | + | 35 (2) evidence of the Social Security number of the applicant. If | |
| 1287 | + | 36 federal law prohibits the issuance of a Social Security number to | |
| 1288 | + | 37 the applicant, the applicant must provide verification of the | |
| 1289 | + | 38 applicant's ineligibility to be issued a Social Security number. | |
| 1290 | + | 39 SECTION 36. IC 9-24-16-4.5, AS AMENDED BY P.L.211-2023, | |
| 1291 | + | 40 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1292 | + | 41 JULY 1, 2024]: Sec. 4.5. (a) The bureau may adopt rules under | |
| 1293 | + | 42 IC 4-22-2 concerning the ability of an individual to renew an | |
| 1294 | + | EH 1162—LS 6594/DI 137 30 | |
| 1295 | + | 1 identification card issued in the form of a physical credential under | |
| 1296 | + | 2 section 5 of this chapter, An individual may apply for a replacement | |
| 1297 | + | 3 identification card issued in the form of a physical credential under | |
| 1298 | + | 4 section 9 of this chapter, or apply for a replacement identification card | |
| 1299 | + | 5 issued in the form of a physical credential under section 6 of this | |
| 1300 | + | 6 chapter, or convert a driver's license or learner's permit into an | |
| 1301 | + | 7 identification card under IC 9-24-14-3.5 by electronic service. If | |
| 1302 | + | 8 rules are adopted under this subsection, the rules must provide that An | |
| 1303 | + | 9 individual's renewal, amendment, or replacement of, or conversion to, | |
| 1304 | + | 10 an identification card issued in the form of a physical credential by | |
| 1305 | + | 11 electronic service is subject to the following conditions: | |
| 1306 | + | 12 (1) A valid computerized image or digital photograph of the | |
| 1307 | + | 13 individual must exist within the records of the bureau. | |
| 1308 | + | 14 (2) The individual must be a citizen of the United States, as | |
| 1309 | + | 15 shown in the records of the bureau. | |
| 1310 | + | 16 (3) There must not have been any change in the: | |
| 1311 | + | 17 (A) legal address; or | |
| 1312 | + | 18 (B) name; | |
| 1313 | + | 19 of the individual since the issuance or previous renewal of the | |
| 1314 | + | 20 identification card issued in the form of a physical credential of | |
| 1315 | + | 21 the individual. | |
| 1316 | + | 22 (4) The identification card issued in the form of a physical | |
| 1317 | + | 23 credential of the individual must not be expired more than one | |
| 1318 | + | 24 hundred eighty (180) days at the time of the application for | |
| 1319 | + | 25 renewal. | |
| 1320 | + | 26 (b) An individual applying for: | |
| 1321 | + | 27 (1) the renewal of an identification card; or | |
| 1322 | + | 28 (2) a replacement identification card; | |
| 1323 | + | 29 must apply in person if the individual is not entitled to apply by mail or | |
| 1324 | + | 30 by electronic service under subsection (a). | |
| 1325 | + | 31 SECTION 37. IC 9-24-16-5, AS AMENDED BY P.L.211-2023, | |
| 1326 | + | 32 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1327 | + | 33 JULY 1, 2024]: Sec. 5. (a) An application for renewal of an | |
| 1328 | + | 34 identification card issued in the form of a physical credential may be | |
| 1329 | + | 35 made not more than twenty-four (24) months before the expiration date | |
| 1330 | + | 36 of the card issued in the form of a physical credential. However, when | |
| 1331 | + | 37 the applicant complies with section 3.5 of this chapter, an application | |
| 1332 | + | 38 for renewal of an identification card issued in the form of a physical | |
| 1333 | + | 39 credential may be filed not more than one (1) month before the | |
| 1334 | + | 40 expiration date of the identification card issued in the form of a | |
| 1335 | + | 41 physical credential held by the applicant. | |
| 1336 | + | 42 (b) Except as provided in subsection (d), a renewed card issued in | |
| 1337 | + | EH 1162—LS 6594/DI 137 31 | |
| 1338 | + | 1 the form of a physical credential is valid on the birth date of the holder | |
| 1339 | + | 2 and remains valid for six (6) years. | |
| 1340 | + | 3 (c) Renewal may not be granted if the cardholder was issued a | |
| 1341 | + | 4 driver's license issued in the form of a physical credential subsequent | |
| 1342 | + | 5 to the last issuance of an identification card issued in the form of a | |
| 1343 | + | 6 physical credential. | |
| 1344 | + | 7 (d) A renewed identification card issued under this article in the | |
| 1345 | + | 8 form of a physical credential to an applicant who complies with section | |
| 1346 | + | 9 3.5 of this chapter expires: | |
| 1347 | + | 10 (1) at midnight one (1) year after issuance, if there is no | |
| 1348 | + | 11 expiration date on the authorization granted to the individual to | |
| 1349 | + | 12 remain in the United States; or | |
| 1350 | + | 13 (2) if there is an expiration date on the authorization granted to | |
| 1351 | + | 14 the individual to remain in the United States, the earlier of the | |
| 1352 | + | 15 following: | |
| 1353 | + | 16 (A) At midnight of the date the authorization of the holder to | |
| 1354 | + | 17 have lawful status as a permanent resident or conditional | |
| 1355 | + | 18 resident alien of the United States expires. | |
| 1356 | + | 19 (B) At midnight of the birthday of the holder that occurs six | |
| 1357 | + | 20 (6) years after the date of issuance. | |
| 1358 | + | 21 (e) An identification card expires upon the bureau receiving | |
| 1359 | + | 22 notice of the death of the holder. | |
| 1360 | + | 23 SECTION 38. IC 9-24-17.5-2, AS AMENDED BY P.L.211-2023, | |
| 1361 | + | 24 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1362 | + | 25 JULY 1, 2024]: Sec. 2. (a) In addition to a physical credential issued | |
| 1363 | + | 26 under this article, upon request by an applicant, the bureau may issue | |
| 1364 | + | 27 a mobile credential to an individual who satisfies the requirements for | |
| 1365 | + | 28 application under this article for the following: | |
| 1366 | + | 29 (1) A driver's license. | |
| 1367 | + | 30 (2) A learner's permit. | |
| 1368 | + | 31 (3) An identification card. | |
| 1369 | + | 32 (4) A commercial driver's license issued under IC 9-24-6.1. | |
| 1370 | + | 33 (5) A commercial learner's permit issued under IC 9-24-6.1. | |
| 1371 | + | 34 (b) The bureau may not issue a mobile credential for: | |
| 1372 | + | 35 (1) a commercial driver's license issued under IC 9-24-6.1; | |
| 1373 | + | 36 (2) a commercial learner's permit issued under IC 9-24-6.1; | |
| 1374 | + | 37 (3) (1) a motorcycle learner's permit issued under IC 9-24-8-3; | |
| 1375 | + | 38 (4) (2) a photo exempt driver's license issued under | |
| 1376 | + | 39 IC 9-24-11-5(b); or | |
| 1377 | + | 40 (5) (3) a photo exempt identification card issued under | |
| 1378 | + | 41 IC 9-24-16.5. | |
| 1379 | + | 42 SECTION 39. IC 9-24-18-9, AS AMENDED BY P.L.198-2016, | |
| 1380 | + | EH 1162—LS 6594/DI 137 32 | |
| 1381 | + | 1 SECTION 532, IS AMENDED TO READ AS FOLLOWS | |
| 1382 | + | 2 [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The bureau may establish a | |
| 1383 | + | 3 driving record for an Indiana resident who does not hold any type of | |
| 1384 | + | 4 valid driving license. The driving record shall be established for an | |
| 1385 | + | 5 unlicensed driver when the bureau receives an abstract of court | |
| 1386 | + | 6 conviction for the type of conviction that would appear on an official | |
| 1387 | + | 7 driver's record. | |
| 1388 | + | 8 (b) If an unlicensed driver applies for and receives any type of | |
| 1389 | + | 9 driver's license in Indiana, the individual's driving record as an | |
| 1390 | + | 10 unlicensed driver shall be recorded on the permanent record file. | |
| 1391 | + | 11 (c) The bureau shall also certify traffic violation convictions on the | |
| 1392 | + | 12 driving record of an unlicensed driver who subsequently receives an | |
| 1393 | + | 13 Indiana driver's license. | |
| 1394 | + | 14 (d) A driving record established under this section must include the | |
| 1395 | + | 15 following: | |
| 1396 | + | 16 (1) The individual's convictions for any of the following: | |
| 1397 | + | 17 (A) A moving traffic violation. | |
| 1398 | + | 18 (B) Operating a vehicle without financial responsibility in | |
| 1399 | + | 19 violation of IC 9-25. | |
| 1400 | + | 20 (2) Any administrative penalty imposed by the bureau. | |
| 1401 | + | 21 (3) Any suspensions, revocations, or reinstatements of the | |
| 1402 | + | 22 individual's driving privileges, license, or permit. | |
| 1403 | + | 23 (4) If the driving privileges of the individual have been suspended | |
| 1404 | + | 24 or revoked by the bureau, an entry in the record stating that a | |
| 1405 | + | 25 notice of suspension or revocation was mailed to the individual by | |
| 1406 | + | 26 the bureau or sent electronically if the individual has indicated | |
| 1407 | + | 27 a preference for receiving notices from the bureau | |
| 1408 | + | 28 electronically, and the date of the mailing or sending of the | |
| 1409 | + | 29 notice. | |
| 1410 | + | 30 (5) Any requirement that the individual may operate only a motor | |
| 1411 | + | 31 vehicle equipped with a certified ignition interlock device. | |
| 1412 | + | 32 A driving record may not contain voter registration information. | |
| 1413 | + | 33 SECTION 40. IC 9-24-19-8, AS AMENDED BY P.L.147-2018, | |
| 1414 | + | 34 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1415 | + | 35 JULY 1, 2024]: Sec. 8. Service by the bureau of motor vehicles of a | |
| 1416 | + | 36 notice or an order suspending or revoking an individual's driving | |
| 1417 | + | 37 privileges by mailing the notice or order by first class mail to the | |
| 1418 | + | 38 individual at the last address shown for the individual in the records of | |
| 1419 | + | 39 the bureau, or by sending the notice or order electronically if the | |
| 1420 | + | 40 individual has indicated a preference for receiving notices from the | |
| 1421 | + | 41 bureau electronically, establishes a rebuttable presumption that the | |
| 1422 | + | 42 individual knows that the individual's driving privileges are suspended | |
| 1423 | + | EH 1162—LS 6594/DI 137 33 | |
| 1424 | + | 1 or revoked, as applicable. | |
| 1425 | + | 2 SECTION 41. IC 9-25-5-3, AS AMENDED BY P.L.149-2015, | |
| 1426 | + | 3 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1427 | + | 4 JULY 1, 2024]: Sec. 3. (a) A request for evidence of financial | |
| 1428 | + | 5 responsibility must do the following: | |
| 1429 | + | 6 (1) Direct the person to provide the bureau with evidence that | |
| 1430 | + | 7 financial responsibility was in effect with respect to the motor | |
| 1431 | + | 8 vehicle, or the operation of the motor vehicle, operated by the | |
| 1432 | + | 9 person on the date requested. | |
| 1433 | + | 10 (2) Instruct the person on how to furnish the bureau with evidence | |
| 1434 | + | 11 of financial responsibility in compliance with this article. | |
| 1435 | + | 12 (3) Inform the person that failure to furnish evidence of financial | |
| 1436 | + | 13 responsibility to the bureau, if not already provided, will result in | |
| 1437 | + | 14 suspension of the person's current driving privileges or motor | |
| 1438 | + | 15 vehicle registration, or both, under this article. | |
| 1439 | + | 16 (b) The bureau shall mail a request for evidence of financial | |
| 1440 | + | 17 responsibility to a person by first class mail to the mailing address of | |
| 1441 | + | 18 the person appearing in the records of the bureau or send the request | |
| 1442 | + | 19 electronically if the person has indicated a preference for receiving | |
| 1443 | + | 20 requests from the bureau electronically. | |
| 1444 | + | 21 SECTION 42. IC 9-28-2-9, AS AMENDED BY P.L.188-2015, | |
| 1445 | + | 22 SECTION 103, IS AMENDED TO READ AS FOLLOWS | |
| 1446 | + | 23 [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) Upon written notification | |
| 1447 | + | 24 from a jurisdiction that is a party to an agreement entered into under | |
| 1448 | + | 25 this chapter, the bureau shall take appropriate action against a licensed | |
| 1449 | + | 26 driver for failure to meet the conditions set out in the citation of the | |
| 1450 | + | 27 jurisdiction in which the traffic offense occurred. | |
| 1451 | + | 28 (b) The bureau shall notify the driver by first class mail, or | |
| 1452 | + | 29 electronically if the driver has indicated a preference for receiving | |
| 1453 | + | 30 requests from the bureau electronically, of the request by the | |
| 1454 | + | 31 respective jurisdiction to have the driver's driving privileges suspended. | |
| 1455 | + | 32 For the purposes of this chapter, a written notice sent to the driver's last | |
| 1456 | + | 33 registered address with the bureau meets the conditions of due notice. | |
| 1457 | + | 34 (c) The driver has fifteen (15) days from the date of notice to satisfy | |
| 1458 | + | 35 the conditions of the citation issued by the jurisdiction or to request a | |
| 1459 | + | 36 hearing before a bureau hearing officer to show evidence or present | |
| 1460 | + | 37 information why the bureau should not suspend the driver's driving | |
| 1461 | + | 38 privileges for failure to meet the terms of the citation. | |
| 1462 | + | 39 (d) Upon holding the hearing, the bureau may suspend the driver's | |
| 1463 | + | 40 driving privileges until the conditions of the citation are met or a | |
| 1464 | + | 41 release from the citing jurisdiction is obtained. | |
| 1465 | + | 42 (e) If the bureau does not receive information from the driver | |
| 1466 | + | EH 1162—LS 6594/DI 137 34 | |
| 1467 | + | 1 concerning the notification, the bureau shall suspend the driver's | |
| 1468 | + | 2 driving privileges until the conditions of the citation are met or a | |
| 1469 | + | 3 release is obtained. | |
| 1470 | + | 4 (f) A driver whose driving privileges have been suspended for | |
| 1471 | + | 5 failure to meet the conditions of a citation in another jurisdiction is not | |
| 1472 | + | 6 eligible for specialized driving privileges under IC 9-30-16. | |
| 1473 | + | 7 (g) The bureau may not suspend driving privileges under this | |
| 1474 | + | 8 section for a nonmoving traffic offense occurring in another | |
| 1475 | + | 9 jurisdiction. | |
| 1476 | + | 10 SECTION 43. IC 9-30-3-8, AS AMENDED BY P.L.211-2023, | |
| 1477 | + | 11 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1478 | + | 12 JULY 1, 2024]: Sec. 8. (a) Except as provided in subsection (b), the | |
| 1479 | + | 13 court may issue a warrant for the arrest of a defendant who is an | |
| 1480 | + | 14 Indiana resident who: | |
| 1481 | + | 15 (1) fails to appear or answer a traffic information and summons | |
| 1482 | + | 16 for a misdemeanor or felony; or | |
| 1483 | + | 17 (2) fails to appear or answer a complaint and summons for a | |
| 1484 | + | 18 misdemeanor or felony served upon the defendant. | |
| 1485 | + | 19 If the warrant is not executed within thirty (30) days after issue, the | |
| 1486 | + | 20 court shall promptly forward the court copy of the traffic information | |
| 1487 | + | 21 and summons or complaint and summons to the bureau indicating that | |
| 1488 | + | 22 the defendant failed to appear in court as ordered. The court shall then | |
| 1489 | + | 23 mark the case as failure to appear on the court's records. | |
| 1490 | + | 24 (b) If a defendant who is not an Indiana resident or a minor who is | |
| 1491 | + | 25 an Indiana resident fails to appear or answer a traffic summons served | |
| 1492 | + | 26 upon the defendant or minor and upon which the information or | |
| 1493 | + | 27 complaint has been filed thirty (30) days after the return date of the | |
| 1494 | + | 28 information and summons or complaint and summons, the court shall | |
| 1495 | + | 29 promptly forward the court copy of the traffic information and | |
| 1496 | + | 30 summons or complaint and summons to the bureau. If the defendant is | |
| 1497 | + | 31 a nonresident, the bureau shall notify the motor vehicle commission of | |
| 1498 | + | 32 the state of the nonresident defendant of the defendant's failure to | |
| 1499 | + | 33 appear and also of any action taken by the bureau relative to the | |
| 1500 | + | 34 Indiana driving privileges of the defendant. If the defendant or minor | |
| 1501 | + | 35 fails to appear or otherwise answer within thirty (30) days, the court | |
| 1502 | + | 36 shall mark the case as failure to appear on the court's records. | |
| 1503 | + | 37 (c) The court may suspend the driving privileges of a defendant who | |
| 1504 | + | 38 fails to satisfy a judgment entered against the defendant for: | |
| 1505 | + | 39 (1) commission of a moving traffic offense as defined by | |
| 1506 | + | 40 IC 9-13-2-110; or | |
| 1507 | + | 41 (2) commission of a traffic infraction listed in 140 IAC 1-4.5-10; | |
| 1508 | + | 42 for a period of three (3) years from the date set by the court under | |
| 1509 | + | EH 1162—LS 6594/DI 137 35 | |
| 1510 | + | 1 IC 34-28-5-6. The court shall forward notice to the bureau indicating | |
| 1511 | + | 2 that the defendant failed to pay as ordered. | |
| 1512 | + | 3 (d) If the bureau receives a copy of the traffic information and | |
| 1513 | + | 4 summons or complaint under subsection (a) or a notice of failure to pay | |
| 1514 | + | 5 under subsection (c), either on a form prescribed by the bureau or in an | |
| 1515 | + | 6 electronic format prescribed by the office of judicial administration, the | |
| 1516 | + | 7 bureau shall suspend the driving privileges of the defendant until: | |
| 1517 | + | 8 (1) the defendant appears in court; | |
| 1518 | + | 9 (2) the case has been disposed of; | |
| 1519 | + | 10 (3) payment is received by the court; or | |
| 1520 | + | 11 (4) three (3) years from a date set by the court under subsection | |
| 1521 | + | 12 (c). | |
| 1522 | + | 13 The order of suspension may be served upon the defendant by mailing | |
| 1523 | + | 14 the order by first class mail to the defendant at the last address shown | |
| 1524 | + | 15 for the defendant or minor in the records of the bureau or by sending | |
| 1525 | + | 16 the order electronically if the defendant has indicated a preference | |
| 1526 | + | 17 for receiving notices from the bureau electronically. A suspension | |
| 1527 | + | 18 under this section begins thirty (30) days after the date the notice of | |
| 1528 | + | 19 suspension is mailed or sent electronically by the bureau to the | |
| 1529 | + | 20 defendant. | |
| 1530 | + | 21 (e) For nonresidents of Indiana or a minor resident of Indiana under | |
| 1531 | + | 22 subsection (b), the order of suspension shall be mailed to the defendant | |
| 1532 | + | 23 or minor at the address given to the arresting officer or the clerk of | |
| 1533 | + | 24 court by the defendant or minor as shown by the traffic information or | |
| 1534 | + | 25 complaint. A copy of the order shall also be sent to the motor vehicle | |
| 1535 | + | 26 bureau of the state of the nonresident defendant and the bureau. If: | |
| 1536 | + | 27 (1) the defendant's or minor's failure to appear in court has been | |
| 1537 | + | 28 certified to the bureau under this chapter; and | |
| 1538 | + | 29 (2) the defendant or minor subsequently appears in court to | |
| 1539 | + | 30 answer the charges against the defendant or minor; | |
| 1540 | + | 31 the court shall proceed to hear and determine the case in the same | |
| 1541 | + | 32 manner as other cases pending in the court. Upon final determination | |
| 1542 | + | 33 of the case, the court shall notify the bureau of the determination either | |
| 1543 | + | 34 in an electronic format or upon forms prescribed by the bureau. The | |
| 1544 | + | 35 notification shall be made by the court within ten (10) days after the | |
| 1545 | + | 36 final determination of the case, and information from the original copy | |
| 1546 | + | 37 of the traffic information and summons or complaint and summons | |
| 1547 | + | 38 must accompany the notification. | |
| 1548 | + | 39 (f) If the bureau receives notice that a defendant or minor failed to | |
| 1549 | + | 40 appear under subsection (b), the bureau shall suspend the defendant's | |
| 1550 | + | 41 or minor's Indiana driving privileges until either: | |
| 1551 | + | 42 (1) the defendant or minor appears in court to answer for the | |
| 1552 | + | EH 1162—LS 6594/DI 137 36 | |
| 1553 | + | 1 charges against the defendant or minor; or | |
| 1554 | + | 2 (2) the case is disposed of. | |
| 1555 | + | 3 (g) This section does not preclude preliminary proceedings under | |
| 1556 | + | 4 IC 35-33. | |
| 1557 | + | 5 SECTION 44. IC 9-30-4-6.1, AS ADDED BY P.L.198-2016, | |
| 1558 | + | 6 SECTION 598, IS AMENDED TO READ AS FOLLOWS | |
| 1559 | + | 7 [EFFECTIVE JULY 1, 2024]: Sec. 6.1. (a) The bureau shall suspend | |
| 1560 | + | 8 or revoke the current driver's license or driving privileges and all | |
| 1561 | + | 9 certificates of registration and proof of registration issued to or | |
| 1562 | + | 10 registered in the name of an individual who is convicted of any of the | |
| 1563 | + | 11 following: | |
| 1564 | + | 12 (1) Manslaughter or reckless homicide resulting from the | |
| 1565 | + | 13 operation of a motor vehicle. | |
| 1566 | + | 14 (2) Knowingly making a false application, or committing perjury | |
| 1567 | + | 15 with respect to an application made, under: | |
| 1568 | + | 16 (A) this chapter; or | |
| 1569 | + | 17 (B) any other law requiring the registration of motor vehicles | |
| 1570 | + | 18 or regulating motor vehicle operation on highways. | |
| 1571 | + | 19 (3) Three (3) charges of criminal recklessness involving the use | |
| 1572 | + | 20 of a motor vehicle within the preceding twelve (12) months. | |
| 1573 | + | 21 (4) Failure to stop and give information or assistance or failure to | |
| 1574 | + | 22 stop and disclose the individual's identity at the scene of an | |
| 1575 | + | 23 accident that has resulted in death, personal injury, or property | |
| 1576 | + | 24 damage in excess of two hundred dollars ($200). | |
| 1577 | + | 25 However, and unless otherwise required by law, the bureau may not | |
| 1578 | + | 26 suspend a certificate of registration or proof of registration if the | |
| 1579 | + | 27 individual gives and maintains, during the three (3) years following the | |
| 1580 | + | 28 date of suspension or revocation, proof of financial responsibility in the | |
| 1581 | + | 29 future in the manner specified in this section. | |
| 1582 | + | 30 (b) The bureau shall suspend a driver's license or driving privileges | |
| 1583 | + | 31 of an individual upon conviction in another jurisdiction for the | |
| 1584 | + | 32 following: | |
| 1585 | + | 33 (1) Manslaughter or reckless homicide resulting from the | |
| 1586 | + | 34 operation of a motor vehicle. | |
| 1587 | + | 35 (2) Knowingly making a false application, or committing perjury | |
| 1588 | + | 36 with respect to an application made, under: | |
| 1589 | + | 37 (A) this chapter; or | |
| 1590 | + | 38 (B) any other law requiring the registration of motor vehicles | |
| 1591 | + | 39 or regulating motor vehicle operation on highways. | |
| 1592 | + | 40 (3) Three (3) charges of criminal recklessness involving the use | |
| 1593 | + | 41 of a motor vehicle within the preceding twelve (12) months. | |
| 1594 | + | 42 (4) Failure to stop and give information or assistance or failure to | |
| 1595 | + | EH 1162—LS 6594/DI 137 37 | |
| 1596 | + | 1 stop and disclose the individual's identity at the scene of an | |
| 1597 | + | 2 accident that has resulted in death, personal injury, or property | |
| 1598 | + | 3 damage in excess of two hundred dollars ($200). | |
| 1599 | + | 4 However, if property damage under subdivision (4) is equal to or less | |
| 1600 | + | 5 than two hundred dollars ($200), the bureau may determine whether | |
| 1601 | + | 6 the driver's license or driving privileges and certificates of registration | |
| 1602 | + | 7 and proof of registration shall be suspended or revoked. | |
| 1603 | + | 8 (c) An individual whose driving privileges are suspended under this | |
| 1604 | + | 9 chapter is eligible for specialized driving privileges under IC 9-30-16. | |
| 1605 | + | 10 (d) A suspension or revocation remains in effect and a new or | |
| 1606 | + | 11 renewal license may not be issued to the individual and a motor vehicle | |
| 1607 | + | 12 may not be registered in the name of the individual as follows: | |
| 1608 | + | 13 (1) Except as provided in subdivision (2), for six (6) months after | |
| 1609 | + | 14 the date of conviction or on the date on which the individual is | |
| 1610 | + | 15 otherwise eligible for a license, whichever is later. | |
| 1611 | + | 16 (2) Upon conviction of an offense described in subsection (a)(1), | |
| 1612 | + | 17 (a)(4), (b)(1), or (b)(4), when the accident has resulted in death, | |
| 1613 | + | 18 for a fixed period of at least two (2) years and not more than five | |
| 1614 | + | 19 (5) years, to be fixed by the bureau based upon recommendation | |
| 1615 | + | 20 of the court entering a conviction. A new or reinstated driver's | |
| 1616 | + | 21 license or driving privileges may not be issued to the individual | |
| 1617 | + | 22 unless that individual, within the three (3) years following the | |
| 1618 | + | 23 expiration of the suspension or revocation, gives and maintains in | |
| 1619 | + | 24 force at all times during the effective period of a new or reinstated | |
| 1620 | + | 25 license proof of financial responsibility in the future in the | |
| 1621 | + | 26 manner specified in this chapter. However, the liability of the | |
| 1622 | + | 27 insurance carrier under a motor vehicle liability policy that is | |
| 1623 | + | 28 furnished for proof of financial responsibility in the future as set | |
| 1624 | + | 29 out in this chapter becomes absolute whenever loss or damage | |
| 1625 | + | 30 covered by the policy occurs, and the satisfaction by the insured | |
| 1626 | + | 31 of a final judgment for loss or damage is not a condition precedent | |
| 1627 | + | 32 to the right or obligation of the carrier to make payment on | |
| 1628 | + | 33 account of loss or damage, but the insurance carrier has the right | |
| 1629 | + | 34 to settle a claim covered by the policy. If the settlement is made | |
| 1630 | + | 35 in good faith, the amount must be deducted from the limits of | |
| 1631 | + | 36 liability specified in the policy. A policy may not be canceled or | |
| 1632 | + | 37 annulled with respect to a loss or damage by an agreement | |
| 1633 | + | 38 between the carrier and the insured after the insured has become | |
| 1634 | + | 39 responsible for the loss or damage, and a cancellation or | |
| 1635 | + | 40 annulment is void. The policy may provide that the insured or any | |
| 1636 | + | 41 other person covered by the policy shall reimburse the insurance | |
| 1637 | + | 42 carrier for payment made on account of any loss or damage claim | |
| 1638 | + | EH 1162—LS 6594/DI 137 38 | |
| 1639 | + | 1 or suit involving a breach of the terms, provisions, or conditions | |
| 1640 | + | 2 of the policy. If the policy provides for limits that exceed the | |
| 1641 | + | 3 limits specified in this chapter, the insurance carrier may plead | |
| 1642 | + | 4 against any plaintiff, with respect to the amount of the excess | |
| 1643 | + | 5 limits of liability, any defenses that the carrier may be entitled to | |
| 1644 | + | 6 plead against the insured. The policy may further provide for | |
| 1645 | + | 7 prorating of the insurance with other applicable valid and | |
| 1646 | + | 8 collectible insurance. An action does not lie against the insurance | |
| 1647 | + | 9 carrier by or on behalf of any claimant under the policy until a | |
| 1648 | + | 10 final judgment has been obtained after actual trial by or on behalf | |
| 1649 | + | 11 of any claimant under the policy. | |
| 1650 | + | 12 (e) The bureau may take action as required in this section upon | |
| 1651 | + | 13 receiving satisfactory evidence of a conviction of an individual in | |
| 1652 | + | 14 another state. | |
| 1653 | + | 15 (f) A suspension or revocation under this section or IC 9-30-13-0.5 | |
| 1654 | + | 16 stands pending appeal of the conviction to a higher court and may be | |
| 1655 | + | 17 set aside or modified only upon the receipt by the bureau of the | |
| 1656 | + | 18 certificate of the court reversing or modifying the judgment that the | |
| 1657 | + | 19 cause has been reversed or modified. However, if the suspension or | |
| 1658 | + | 20 revocation follows a conviction in a court of no record in Indiana, the | |
| 1659 | + | 21 suspension or revocation is stayed pending appeal of the conviction to | |
| 1660 | + | 22 a court of record. | |
| 1661 | + | 23 (g) A person aggrieved by an order or act of the bureau under this | |
| 1662 | + | 24 section or IC 9-30-13-0.5 may file a petition for a court review. | |
| 1663 | + | 25 (h) An entry in the driving record of a defendant stating that notice | |
| 1664 | + | 26 of suspension or revocation was mailed by the bureau, or sent | |
| 1665 | + | 27 electronically if the defendant has indicated a preference for | |
| 1666 | + | 28 receiving notices from the bureau electronically, to the defendant | |
| 1667 | + | 29 constitutes prima facie evidence that the notice was mailed to the | |
| 1668 | + | 30 defendant's address as shown in the records of the bureau. | |
| 1669 | + | 31 SECTION 45. IC 9-30-4-13, AS AMENDED BY P.L.125-2012, | |
| 1670 | + | 32 SECTION 334, IS AMENDED TO READ AS FOLLOWS | |
| 1671 | + | 33 [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) Whenever the bureau is | |
| 1672 | + | 34 authorized or required to give notice under this chapter or any other | |
| 1673 | + | 35 law regulating the operation of vehicles, unless a different method of | |
| 1674 | + | 36 giving notice is otherwise expressly prescribed, the notice may be | |
| 1675 | + | 37 given either by personal delivery to the person to be notified, or by | |
| 1676 | + | 38 deposit with the United States Postal Service of the notice by first class | |
| 1677 | + | 39 mail, or sent electronically if the person has indicated a preference | |
| 1678 | + | 40 for receiving notices from the bureau electronically. | |
| 1679 | + | 41 (b) A person who, after notification, fails to return or surrender to | |
| 1680 | + | 42 the bureau upon demand a suspended, revoked, or invalidated driver's | |
| 1681 | + | EH 1162—LS 6594/DI 137 39 | |
| 1682 | + | 1 license, permit, certificate of registration, or license plate commits a | |
| 1683 | + | 2 Class C misdemeanor. The bureau may file with the prosecuting | |
| 1684 | + | 3 attorney of the county in which the person resides an affidavit charging | |
| 1685 | + | 4 the person with the offense. | |
| 1686 | + | 5 SECTION 46. IC 9-30-6-8.5, AS AMENDED BY P.L.149-2015, | |
| 1687 | + | 6 SECTION 103, IS AMENDED TO READ AS FOLLOWS | |
| 1688 | + | 7 [EFFECTIVE JULY 1, 2024]: Sec. 8.5. If the bureau receives an order | |
| 1689 | + | 8 recommending use of an ignition interlock device under section 8(d) | |
| 1690 | + | 9 of this chapter, the bureau shall immediately do the following: | |
| 1691 | + | 10 (1) Mail notice to the person's address contained in the records of | |
| 1692 | + | 11 the bureau, or send notice electronically if the person has | |
| 1693 | + | 12 indicated a preference for receiving notices from the bureau | |
| 1694 | + | 13 electronically, stating that the person may not operate a motor | |
| 1695 | + | 14 vehicle unless the motor vehicle is equipped with a functioning | |
| 1696 | + | 15 certified ignition interlock device under IC 9-30-8 commencing: | |
| 1697 | + | 16 (A) five (5) days after the date of the notice; or | |
| 1698 | + | 17 (B) on the date the court enters an order recommending use of | |
| 1699 | + | 18 an ignition interlock device; | |
| 1700 | + | 19 whichever occurs first. | |
| 1701 | + | 20 (2) Notify the person of the right to a judicial review under | |
| 1702 | + | 21 section 10 of this chapter. | |
| 1703 | + | 22 SECTION 47. IC 9-30-6-9, AS AMENDED BY P.L.188-2015, | |
| 1704 | + | 23 SECTION 111, IS AMENDED TO READ AS FOLLOWS | |
| 1705 | + | 24 [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) This section does not apply | |
| 1706 | + | 25 if an ignition interlock device order is issued under section 8(d) of this | |
| 1707 | + | 26 chapter. | |
| 1708 | + | 27 (b) If the affidavit under section 8(b) of this chapter states that a | |
| 1709 | + | 28 person refused to submit to a chemical test, the bureau shall suspend | |
| 1710 | + | 29 the driving privileges of the person: | |
| 1711 | + | 30 (1) for: | |
| 1712 | + | 31 (A) one (1) year; or | |
| 1713 | + | 32 (B) if the person has at least one (1) previous conviction for | |
| 1714 | + | 33 operating while intoxicated, two (2) years; or | |
| 1715 | + | 34 (2) until the suspension is ordered terminated under IC 9-30-5. | |
| 1716 | + | 35 (c) If the affidavit under section 8(b) of this chapter states that a | |
| 1717 | + | 36 chemical test resulted in prima facie evidence that a person was | |
| 1718 | + | 37 intoxicated, the bureau shall suspend the driving privileges of the | |
| 1719 | + | 38 person: | |
| 1720 | + | 39 (1) for one hundred eighty (180) days; or | |
| 1721 | + | 40 (2) until the bureau is notified by a court that the charges have | |
| 1722 | + | 41 been disposed of; | |
| 1723 | + | 42 whichever occurs first. | |
| 1724 | + | EH 1162—LS 6594/DI 137 40 | |
| 1725 | + | 1 (d) Whenever the bureau is required to suspend a person's driving | |
| 1726 | + | 2 privileges under this section, the bureau shall immediately do the | |
| 1727 | + | 3 following: | |
| 1728 | + | 4 (1) Mail notice to the person's address contained in the records of | |
| 1729 | + | 5 the bureau, or send the notice electronically if the person has | |
| 1730 | + | 6 indicated a preference for receiving notices from the bureau | |
| 1731 | + | 7 electronically, stating that the person's driving privileges will be | |
| 1732 | + | 8 suspended for a specified period, commencing: | |
| 1733 | + | 9 (A) seven (7) days after the date of the notice; or | |
| 1734 | + | 10 (B) on the date the court enters an order recommending | |
| 1735 | + | 11 suspension of the person's driving privileges under section 8(c) | |
| 1736 | + | 12 of this chapter; | |
| 1737 | + | 13 whichever occurs first. | |
| 1738 | + | 14 (2) Notify the person of the right to a judicial review under | |
| 1739 | + | 15 section 10 of this chapter. | |
| 1740 | + | 16 SECTION 48. IC 9-30-10-5, AS AMENDED BY P.L.188-2015, | |
| 1741 | + | 17 SECTION 114, IS AMENDED TO READ AS FOLLOWS | |
| 1742 | + | 18 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) If it appears from the records | |
| 1743 | + | 19 maintained by the bureau that a person's driving record makes the | |
| 1744 | + | 20 person a habitual violator under section 4 of this chapter and a court | |
| 1745 | + | 21 has not already found the person to be a habitual violator under section | |
| 1746 | + | 22 6.5 of this chapter based on the same underlying violations, the bureau | |
| 1747 | + | 23 shall mail a notice to the person's last known address, or send the | |
| 1748 | + | 24 notice electronically if the person has indicated a preference for | |
| 1749 | + | 25 receiving notices from the bureau electronically, that informs the | |
| 1750 | + | 26 person that the person's driving privileges will be suspended in thirty | |
| 1751 | + | 27 (30) days because the person is a habitual violator according to the | |
| 1752 | + | 28 records of the bureau. | |
| 1753 | + | 29 (b) Thirty (30) days after the bureau has mailed a notice under this | |
| 1754 | + | 30 section, the bureau shall suspend the person's driving privileges for: | |
| 1755 | + | 31 (1) except as provided in subdivision (2), ten (10) years if the | |
| 1756 | + | 32 person is a habitual violator under section 4(a) of this chapter; | |
| 1757 | + | 33 (2) life if the person is a habitual violator under section 4(a) of | |
| 1758 | + | 34 this chapter and has at least two (2) violations under section | |
| 1759 | + | 35 4(a)(4) through 4(a)(7) of this chapter; | |
| 1760 | + | 36 (3) ten (10) years if the person is a habitual violator under section | |
| 1761 | + | 37 4(b) of this chapter; or | |
| 1762 | + | 38 (4) five (5) years if the person is a habitual violator under section | |
| 1763 | + | 39 4(c) of this chapter. | |
| 1764 | + | 40 (c) The notice must inform the person that the person may be | |
| 1765 | + | 41 entitled to relief under IC 9-33-2. | |
| 1766 | + | 42 (d) Notwithstanding subsection (b), if the bureau does not discover | |
| 1767 | + | EH 1162—LS 6594/DI 137 41 | |
| 1768 | + | 1 that a person's driving record makes the person a habitual violator | |
| 1769 | + | 2 under section 4 of this chapter for more than two (2) years after the | |
| 1770 | + | 3 bureau receives the person's final qualifying conviction, the bureau | |
| 1771 | + | 4 shall not suspend the person's driving privileges for any period. | |
| 1772 | + | 5 SECTION 49. IC 9-30-10-16, AS AMENDED BY P.L.188-2015, | |
| 1773 | + | 6 SECTION 117, IS AMENDED TO READ AS FOLLOWS | |
| 1774 | + | 7 [EFFECTIVE JULY 1, 2024]: Sec. 16. (a) A person who operates a | |
| 1775 | + | 8 motor vehicle: | |
| 1776 | + | 9 (1) while the person's driving privileges are validly suspended | |
| 1777 | + | 10 under this chapter or IC 9-12-2 (repealed July 1, 1991) and the | |
| 1778 | + | 11 person knows that the person's driving privileges are suspended; | |
| 1779 | + | 12 or | |
| 1780 | + | 13 (2) in violation of restrictions imposed under this chapter or | |
| 1781 | + | 14 IC 9-12-2 (repealed July 1, 1991) and who knows of the existence | |
| 1782 | + | 15 of the restrictions; | |
| 1783 | + | 16 commits a Level 6 felony. | |
| 1784 | + | 17 (b) Service by the bureau of notice of the suspension or restriction | |
| 1785 | + | 18 of a person's driving privileges under subsection (a)(1) or (a)(2): | |
| 1786 | + | 19 (1) in compliance with section 5 of this chapter; and | |
| 1787 | + | 20 (2) by first class mail, or electronically if the person has | |
| 1788 | + | 21 indicated a preference for receiving notices from the bureau | |
| 1789 | + | 22 electronically, to the person at the last address shown for the | |
| 1790 | + | 23 person in the bureau's records; | |
| 1791 | + | 24 establishes a rebuttable presumption that the person knows that the | |
| 1792 | + | 25 person's driving privileges are suspended or restricted. | |
| 1793 | + | 26 SECTION 50. IC 9-30-13-6, AS AMENDED BY P.L.217-2014, | |
| 1794 | + | 27 SECTION 150, IS AMENDED TO READ AS FOLLOWS | |
| 1795 | + | 28 [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The bureau shall, upon | |
| 1796 | + | 29 receiving an order of a court issued under IC 31-16-12-7 (or | |
| 1797 | + | 30 IC 31-14-12-4 before its repeal), suspend the driving privileges of the | |
| 1798 | + | 31 person who is the subject of the order. | |
| 1799 | + | 32 (b) The bureau may not reinstate driving privileges suspended under | |
| 1800 | + | 33 this section until the bureau receives an order allowing reinstatement | |
| 1801 | + | 34 from the court that issued the order for suspension. | |
| 1802 | + | 35 (c) Upon receiving an order for suspension under subsection (a), the | |
| 1803 | + | 36 bureau shall promptly mail a notice to the last known address of the | |
| 1804 | + | 37 person who is the subject of the order, or send the notice | |
| 1805 | + | 38 electronically if the person has indicated a preference for receiving | |
| 1806 | + | 39 notices from the bureau electronically, stating the following: | |
| 1807 | + | 40 (1) That the person's driving privileges are suspended, beginning | |
| 1808 | + | 41 eighteen (18) business days after the date the notice is mailed, and | |
| 1809 | + | 42 that the suspension will terminate ten (10) business days after the | |
| 1810 | + | EH 1162—LS 6594/DI 137 42 | |
| 1811 | + | 1 bureau receives an order allowing reinstatement from the court | |
| 1812 | + | 2 that issued the suspension order. | |
| 1813 | + | 3 (2) That the person has the right to petition for reinstatement of | |
| 1814 | + | 4 driving privileges to the court that issued the order for suspension. | |
| 1815 | + | 5 (d) A person who operates a motor vehicle in violation of this | |
| 1816 | + | 6 section commits a Class A infraction, unless: | |
| 1817 | + | 7 (1) the person's driving privileges are suspended under this | |
| 1818 | + | 8 section; and | |
| 1819 | + | 9 (2) the person has been granted specialized driving privileges | |
| 1820 | + | 10 under IC 9-30-16 as a result of the suspension under this section. | |
| 1821 | + | 11 SECTION 51. IC 9-30-13-8, AS AMENDED BY P.L.217-2014, | |
| 1822 | + | 12 SECTION 152, IS AMENDED TO READ AS FOLLOWS | |
| 1823 | + | 13 [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) Upon receiving an order | |
| 1824 | + | 14 issued by a court under IC 35-43-4-8(b) concerning a person convicted | |
| 1825 | + | 15 of fuel theft, the bureau shall do the following: | |
| 1826 | + | 16 (1) Suspend under subsection (b) the driving privileges of the | |
| 1827 | + | 17 person who is the subject of the order, whether or not the person's | |
| 1828 | + | 18 current driver's license accompanies the order. | |
| 1829 | + | 19 (2) Mail to the last known address of the person who is the subject | |
| 1830 | + | 20 of the order, or send electronically if the person has indicated | |
| 1831 | + | 21 a preference for receiving notices from the bureau | |
| 1832 | + | 22 electronically, a notice: | |
| 1833 | + | 23 (A) stating that the person's driving privileges are being | |
| 1834 | + | 24 suspended for fuel theft; | |
| 1835 | + | 25 (B) setting forth the date on which the suspension takes effect | |
| 1836 | + | 26 and the date on which the suspension terminates; and | |
| 1837 | + | 27 (C) stating that the person may be granted specialized driving | |
| 1838 | + | 28 privileges under IC 9-30-16 if the person meets the conditions | |
| 1839 | + | 29 for obtaining specialized driving privileges. | |
| 1840 | + | 30 (b) The suspension of the driving privileges of a person who is the | |
| 1841 | + | 31 subject of an order issued under IC 35-43-4-8(b): | |
| 1842 | + | 32 (1) begins five (5) business days after the date on which the | |
| 1843 | + | 33 bureau mails the notice to the person under subsection (a)(2); and | |
| 1844 | + | 34 (2) terminates thirty (30) days after the suspension begins. | |
| 1845 | + | 35 (c) A person who operates a motor vehicle during a suspension of | |
| 1846 | + | 36 the person's driving privileges under this section commits a Class A | |
| 1847 | + | 37 infraction unless the person's operation of the motor vehicle is | |
| 1848 | + | 38 authorized by specialized driving privileges granted to the person under | |
| 1849 | + | 39 IC 9-30-16. | |
| 1850 | + | 40 (d) The bureau shall, upon receiving a record of conviction of a | |
| 1851 | + | 41 person upon a charge of driving a motor vehicle while the driving | |
| 1852 | + | 42 privileges, permit, or license of the person is suspended, fix the period | |
| 1853 | + | EH 1162—LS 6594/DI 137 43 | |
| 1854 | + | 1 of suspension in accordance with the order of the court. | |
| 1855 | + | 2 SECTION 52. IC 9-30-13-9, AS ADDED BY P.L.41-2016, | |
| 1856 | + | 3 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1857 | + | 4 JULY 1, 2024]: Sec. 9. (a) Upon receiving an order issued by a court | |
| 1858 | + | 5 under IC 9-21-5-11(f) concerning a person who has committed the | |
| 1859 | + | 6 infraction of violating a worksite speed limit for the second time within | |
| 1860 | + | 7 one (1) year, the bureau shall do the following: | |
| 1861 | + | 8 (1) Suspend under subsection (b) the driving privileges of the | |
| 1862 | + | 9 person who is the subject of the order, whether or not the person's | |
| 1863 | + | 10 current driver's license accompanies the order. | |
| 1864 | + | 11 (2) Mail to the last known address of the person who is the subject | |
| 1865 | + | 12 of the order, or send electronically if the person has indicated | |
| 1866 | + | 13 a preference for receiving notices from the bureau | |
| 1867 | + | 14 electronically, a notice: | |
| 1868 | + | 15 (A) stating that the person's driving privileges are being | |
| 1869 | + | 16 suspended for a second or subsequent offense of exceeding a | |
| 1870 | + | 17 worksite speed limit within one (1) year; | |
| 1871 | + | 18 (B) setting forth the date on which the suspension takes effect | |
| 1872 | + | 19 and the date on which the suspension terminates; and | |
| 1873 | + | 20 (C) stating that the person may be granted specialized driving | |
| 1874 | + | 21 privileges under IC 9-30-16 if the person meets the conditions | |
| 1875 | + | 22 for obtaining specialized driving privileges. | |
| 1876 | + | 23 (b) The suspension of the driving privileges of a person who is the | |
| 1877 | + | 24 subject of an order issued under IC 9-21-5-11(f): | |
| 1878 | + | 25 (1) begins five (5) business days after the date on which the | |
| 1879 | + | 26 bureau mails the notice to the person under subsection (a)(2); and | |
| 1880 | + | 27 (2) terminates sixty (60) days after the suspension begins. | |
| 1881 | + | 28 (c) A person who operates a motor vehicle during a suspension of | |
| 1882 | + | 29 the person's driving privileges under this section commits a Class A | |
| 1883 | + | 30 infraction unless the person's operation of the motor vehicle is | |
| 1884 | + | 31 authorized by specialized driving privileges granted to the person under | |
| 1885 | + | 32 IC 9-30-16. | |
| 1886 | + | 33 (d) The bureau shall, upon receiving a record of conviction of a | |
| 1887 | + | 34 person upon a charge of driving a motor vehicle while the driving | |
| 1888 | + | 35 privileges, permit, or license of the person is suspended, fix the period | |
| 1889 | + | 36 of suspension in accordance with the order of the court. | |
| 1890 | + | 37 SECTION 53. IC 9-33-3-1, AS ADDED BY P.L.198-2016, | |
| 1891 | + | 38 SECTION 632, IS AMENDED TO READ AS FOLLOWS | |
| 1892 | + | 39 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) This section applies if: | |
| 1893 | + | 40 (1) the bureau charges a person a fee in an amount greater than | |
| 1894 | + | 41 required by law and the person pays the fee; | |
| 1895 | + | 42 (2) the bureau charges a person a fee in error and the person pays | |
| 1896 | + | EH 1162—LS 6594/DI 137 44 | |
| 1897 | + | 1 the fee; or | |
| 1898 | + | 2 (3) a person pays a fee in error to the bureau. | |
| 1899 | + | 3 (b) A person described in subsection (a) may file a claim for a | |
| 1900 | + | 4 refund with the bureau on a form furnished by the bureau. The claim | |
| 1901 | + | 5 must: | |
| 1902 | + | 6 (1) be filed within three (3) years after the date on which the | |
| 1903 | + | 7 person pays the fee; | |
| 1904 | + | 8 (2) set forth the amount of the refund that the person is claiming; | |
| 1905 | + | 9 (3) set forth the reasons the person is claiming the refund; and | |
| 1906 | + | 10 (4) include any documentation supporting the claim. | |
| 1907 | + | 11 (c) After considering the claim and all evidence relevant to the | |
| 1908 | + | 12 claim, the bureau shall issue a decision on the claim, stating the part, | |
| 1909 | + | 13 if any, of the refund allowed and containing a statement of the reasons | |
| 1910 | + | 14 for any part of the refund that is denied. The bureau shall mail, or send | |
| 1911 | + | 15 electronically if the claimant has indicated a preference for | |
| 1912 | + | 16 receiving notices from the bureau electronically, a copy of the | |
| 1913 | + | 17 decision to the claimant. However, if the bureau allows the full refund | |
| 1914 | + | 18 claimed, a warrant for the payment of the claim is sufficient notice of | |
| 1915 | + | 19 the decision. | |
| 1916 | + | 20 (d) If a person disagrees with all or part of the bureau's decision, the | |
| 1917 | + | 21 person may file a petition under IC 9-33-2-3. | |
| 1918 | + | 22 SECTION 54. IC 35-44.1-3-1, AS AMENDED BY P.L.174-2021, | |
| 1919 | + | 23 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1920 | + | 24 JULY 1, 2024]: Sec. 1. (a) A person who knowingly or intentionally: | |
| 1921 | + | 25 (1) forcibly resists, obstructs, or interferes with a law enforcement | |
| 1922 | + | 26 officer or a person assisting the officer while the officer is | |
| 1923 | + | 27 lawfully engaged in the execution of the officer's duties; | |
| 1924 | + | 28 (2) forcibly resists, obstructs, or interferes with the authorized | |
| 1925 | + | 29 service or execution of a civil or criminal process or order of a | |
| 1926 | + | 30 court; or | |
| 1927 | + | 31 (3) flees from a law enforcement officer after the officer has, by | |
| 1928 | + | 32 visible or audible means, including operation of the law | |
| 1929 | + | 33 enforcement officer's siren or emergency lights, identified himself | |
| 1930 | + | 34 or herself and ordered the person to stop; | |
| 1931 | + | 35 commits resisting law enforcement, a Class A misdemeanor, except as | |
| 1932 | + | 36 provided in subsection (c). | |
| 1933 | + | 37 (b) A person who, having been denied entry by a firefighter, an | |
| 1934 | + | 38 emergency medical services provider, or a law enforcement officer, | |
| 1935 | + | 39 knowingly or intentionally enters an area that is marked off with barrier | |
| 1936 | + | 40 tape or other physical barriers, commits interfering with public safety, | |
| 1937 | + | 41 a Class B misdemeanor, except as provided in subsection (c) or (k). | |
| 1938 | + | 42 (c) The offense under subsection (a) or (b) is a: | |
| 1939 | + | EH 1162—LS 6594/DI 137 45 | |
| 1940 | + | 1 (1) Level 6 felony if: | |
| 1941 | + | 2 (A) the person uses a vehicle to commit the offense; or | |
| 1942 | + | 3 (B) while committing the offense, the person: | |
| 1943 | + | 4 (i) draws or uses a deadly weapon; | |
| 1944 | + | 5 (ii) inflicts bodily injury on or otherwise causes bodily injury | |
| 1945 | + | 6 to another person; or | |
| 1946 | + | 7 (iii) operates a vehicle in a manner that creates a substantial | |
| 1947 | + | 8 risk of bodily injury to another person; | |
| 1948 | + | 9 (2) Level 5 felony if: | |
| 1949 | + | 10 (A) while committing the offense, the person operates a | |
| 1950 | + | 11 vehicle in a manner that causes serious bodily injury to another | |
| 1951 | + | 12 person; or | |
| 1952 | + | 13 (B) the person uses a vehicle to commit the offense and the | |
| 1953 | + | 14 person has a prior unrelated conviction under this section | |
| 1954 | + | 15 involving the use of a vehicle in the commission of the | |
| 1955 | + | 16 offense; | |
| 1956 | + | 17 (3) Level 3 felony if, while committing the offense, the person | |
| 1957 | + | 18 operates a vehicle in a manner that causes the death or | |
| 1958 | + | 19 catastrophic injury of another person; and | |
| 1959 | + | 20 (4) Level 2 felony if, while committing any offense described in | |
| 1960 | + | 21 subsection (a), the person operates a vehicle in a manner that | |
| 1961 | + | 22 causes the death or catastrophic injury of a firefighter, an | |
| 1962 | + | 23 emergency medical services provider, or a law enforcement | |
| 1963 | + | 24 officer while the firefighter, emergency medical services provider, | |
| 1964 | + | 25 or law enforcement officer is engaged in the firefighter's, | |
| 1965 | + | 26 emergency medical services provider's, or officer's official duties. | |
| 1966 | + | 27 (d) The offense under subsection (a) is a Level 6 felony if, while | |
| 1967 | + | 28 committing an offense under: | |
| 1968 | + | 29 (1) subsection (a)(1) or (a)(2), the person: | |
| 1969 | + | 30 (A) creates a substantial risk of bodily injury to the person or | |
| 1970 | + | 31 another person; and | |
| 1971 | + | 32 (B) has two (2) or more prior unrelated convictions under | |
| 1972 | + | 33 subsection (a); or | |
| 1973 | + | 34 (2) subsection (a)(3), the person has two (2) or more prior | |
| 1974 | + | 35 unrelated convictions under subsection (a). | |
| 1975 | + | 36 (e) If a person uses a vehicle to commit a felony offense under | |
| 1976 | + | 37 subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal | |
| 1977 | + | 38 penalty imposed for the offense, the court shall impose a minimum | |
| 1978 | + | 39 executed sentence of at least: | |
| 1979 | + | 40 (1) thirty (30) days, if the person does not have a prior unrelated | |
| 1980 | + | 41 conviction under this section; | |
| 1981 | + | 42 (2) one hundred eighty (180) days, if the person has one (1) prior | |
| 1982 | + | EH 1162—LS 6594/DI 137 46 | |
| 1983 | + | 1 unrelated conviction under this section; or | |
| 1984 | + | 2 (3) one (1) year, if the person has two (2) or more prior unrelated | |
| 1985 | + | 3 convictions under this section. | |
| 1986 | + | 4 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory | |
| 1987 | + | 5 minimum sentence imposed under subsection (e) may not be | |
| 1988 | + | 6 suspended. | |
| 1989 | + | 7 (g) If a person is convicted of an offense involving the use of a | |
| 1990 | + | 8 motor vehicle under: | |
| 1991 | + | 9 (1) subsection (c)(1)(A), if the person exceeded the speed limit by | |
| 1992 | + | 10 at least twenty (20) miles per hour while committing the offense; | |
| 1993 | + | 11 (2) subsection (c)(2); or | |
| 1994 | + | 12 (3) subsection (c)(3); | |
| 1995 | + | 13 the court may notify the bureau of motor vehicles to suspend or revoke | |
| 1996 | + | 14 the person's driver's license and all certificates of registration and | |
| 1997 | + | 15 license plates issued or registered in the person's name in accordance | |
| 1998 | + | 16 with IC 9-30-4-6.1(b) for the period described in IC 9-30-4-6.1(d)(1) | |
| 1999 | + | 17 or IC 9-30-4-6.1(d)(2). The court shall inform the bureau whether the | |
| 2000 | + | 18 person has been sentenced to a term of incarceration. At the time of | |
| 2001 | + | 19 conviction, the court may obtain the person's current driver's license | |
| 2002 | + | 20 and return the license to the bureau of motor vehicles. | |
| 2003 | + | 21 (h) A person may not be charged or convicted of a crime under | |
| 2004 | + | 22 subsection (a)(3) if the law enforcement officer is a school resource | |
| 2005 | + | 23 officer acting in the officer's capacity as a school resource officer. | |
| 2006 | + | 24 (i) A person who commits an offense described in subsection (c) | |
| 2007 | + | 25 commits a separate offense for each person whose bodily injury, | |
| 2008 | + | 26 serious bodily injury, catastrophic injury, or death is caused by a | |
| 2009 | + | 27 violation of subsection (c). | |
| 2010 | + | 28 (j) A court may order terms of imprisonment imposed on a person | |
| 2011 | + | 29 convicted of more than one (1) offense described in subsection (c) to | |
| 2012 | + | 30 run consecutively. Consecutive terms of imprisonment imposed under | |
| 2013 | + | 31 this subsection are not subject to the sentencing restrictions set forth in | |
| 2014 | + | 32 IC 35-50-1-2(c) through IC 35-50-1-2(d). | |
| 2015 | + | 33 (k) As used in this subsection, "family member" means a child, | |
| 2016 | + | 34 grandchild, parent, grandparent, or spouse of the person. It is a defense | |
| 2017 | + | 35 to a prosecution under subsection (b) that the person reasonably | |
| 2018 | + | 36 believed that the person's family member: | |
| 2019 | + | 37 (1) was in the marked off area; and | |
| 2020 | + | 38 (2) had suffered bodily injury or was at risk of suffering bodily | |
| 2021 | + | 39 injury; | |
| 2022 | + | 40 if the person is not charged as a defendant in connection with the | |
| 2023 | + | 41 offense, if applicable, that caused the area to be secured by barrier tape | |
| 2024 | + | 42 or other physical barriers. | |
| 2025 | + | EH 1162—LS 6594/DI 137 47 | |
| 2026 | + | 1 SECTION 55. An emergency is declared for this act. | |
| 2027 | + | EH 1162—LS 6594/DI 137 48 | |
| 2028 | + | COMMITTEE REPORT | |
| 2029 | + | Mr. Speaker: Your Committee on Roads and Transportation, to | |
| 2030 | + | which was referred House Bill 1162, has had the same under | |
| 2031 | + | consideration and begs leave to report the same back to the House with | |
| 2032 | + | the recommendation that said bill be amended as follows: | |
| 2033 | + | Page 4, between lines 9 and 10, begin a new paragraph and insert: | |
| 2034 | + | "SECTION 3. IC 9-13-2-78, AS AMENDED BY P.L.211-2023, | |
| 128 | 2035 | SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 129 | 2036 | UPON PASSAGE]: Sec. 78. "Indiana resident" refers to a person that | |
| 130 | 2037 | is one (1) of the following: | |
| 131 | 2038 | (1) An individual who lives in Indiana for at least one hundred | |
| 132 | 2039 | eighty-three (183) days during a calendar year and who has a | |
| 133 | 2040 | legal residence in another state. However, the term does not | |
| 134 | 2041 | include an individual who lives in Indiana for any of the following | |
| 135 | 2042 | purposes: | |
| 136 | 2043 | (A) Attending a postsecondary educational institution. | |
| 137 | 2044 | (B) Serving on active duty in the armed forces of the United | |
| 138 | 2045 | States. | |
| 139 | 2046 | (C) Temporary employment. | |
| 140 | 2047 | (D) Other purposes, without the intent of making Indiana a | |
| 141 | 2048 | permanent home. | |
| 142 | 2049 | (2) An individual who is living in Indiana if the individual has no | |
| 143 | 2050 | other legal residence. | |
| 144 | 2051 | (3) An individual who is registered to vote in Indiana or who | |
| 145 | 2052 | satisfies the standards for determining residency in Indiana under | |
| 146 | 2053 | IC 3-5-5. | |
| 147 | 2054 | (4) An individual who has a dependent enrolled in an elementary | |
| 148 | 2055 | or a secondary school located in Indiana. | |
| 149 | 2056 | (5) A person that maintains a: | |
| 150 | 2057 | (A) main office; | |
| 151 | 2058 | (B) branch office; | |
| 152 | 2059 | (C) warehouse; or | |
| 153 | 2060 | (D) business facility; | |
| 154 | 2061 | in Indiana. | |
| 155 | 2062 | (6) A person that bases and operates vehicles in Indiana. | |
| 156 | 2063 | (7) A person that operates vehicles in intrastate haulage in | |
| 157 | 2064 | Indiana. | |
| 158 | 2065 | (8) A person who is living in Indiana and has been granted parole. | |
| 159 | 2066 | (9) (8) A person that has more than one-half (1/2) of the person's | |
| 160 | 2067 | gross income (as defined in Section 61 of the Internal Revenue | |
| 161 | 2068 | Code) derived from sources in Indiana using the provisions | |
| 2069 | + | EH 1162—LS 6594/DI 137 49 | |
| 162 | 2070 | applicable to determining the source of adjusted gross income that | |
| 163 | 2071 | are set forth in IC 6-3-2-2. However, a person that is considered | |
| 164 | 2072 | a resident under this subdivision is not a resident if the person | |
| 165 | - | HEA 1162 — CC 1 5 | |
| 166 | 2073 | proves by a preponderance of the evidence that the person is not | |
| 167 | - | a resident under subdivisions (1) through (8). (7). | |
| 168 | - | SECTION 4. IC 9-13-2-103.4, AS AMENDED BY P.L.211-2023, | |
| 169 | - | SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 170 | - | JULY 1, 2024]: Sec. 103.4. "Mobile credential" means digital data | |
| 171 | - | issued to a telecommunications device by the bureau under | |
| 172 | - | IC 9-24-17.5 of the information contained on the following: | |
| 173 | - | (1) A driver's license. | |
| 174 | - | (2) A learner's permit. | |
| 175 | - | (3) An identification card. | |
| 176 | - | The term does not include a commercial driver's license or commercial | |
| 177 | - | learner's permit issued under IC 9-24-6.1, a motorcycle learner's permit | |
| 178 | - | issued under IC 9-24-8-3, a photo exempt driver's license issued under | |
| 179 | - | IC 9-24-11-5(b), or a photo exempt identification card issued under | |
| 180 | - | IC 9-24-16.5. | |
| 181 | - | SECTION 5. IC 9-13-2-121.5 IS REPEALED [EFFECTIVE UPON | |
| 2074 | + | a resident under subdivisions (1) through (8). (7).". | |
| 2075 | + | Page 4, delete lines 23 through 32, begin a new paragraph and | |
| 2076 | + | insert: | |
| 2077 | + | "SECTION 5. IC 9-13-2-121.5 IS REPEALED [EFFECTIVE UPON | |
| 182 | 2078 | PASSAGE]. Sec. 121.5. "Parole" means temporary legal presence in | |
| 183 | 2079 | the United States under 8 U.S.C. 1182(d)(5) granted to an individual | |
| 184 | 2080 | who: | |
| 185 | 2081 | (1) is a citizen or national of Ukraine or last was a habitual | |
| 186 | 2082 | resident of Ukraine; and | |
| 187 | 2083 | (2) meets the criteria established under Section 401(a) of the | |
| 188 | 2084 | Additional Ukraine Supplemental Appropriations Act (Public | |
| 189 | - | Law 117-128) as in effect on January 1, 2023. | |
| 190 | - | SECTION 6. IC 9-13-2-138.5, AS ADDED BY P.L.118-2011, | |
| 191 | - | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 192 | - | JULY 1, 2024]: Sec. 138.5. "Proof of discharge" means a document | |
| 193 | - | that: | |
| 194 | - | (1) is issued by the United States Department of Defense; and | |
| 195 | - | (2) confirms a veteran's discharge from the armed forces of the | |
| 196 | - | United States. | |
| 197 | - | The term includes a DD-214 form. physical document or digital | |
| 198 | - | verification that: | |
| 199 | - | (1) confirms a veteran's discharge from the armed forces of | |
| 200 | - | the United States or its reserves or the National Guard; and | |
| 201 | - | (2) was issued by the United States Department of Veterans | |
| 202 | - | Affairs, the United States Department of Defense, or the | |
| 203 | - | National Guard Bureau. | |
| 204 | - | SECTION 7. IC 9-13-2-177.3, AS AMENDED BY P.L.198-2016, | |
| 205 | - | SECTION 171, IS AMENDED TO READ AS FOLLOWS | |
| 206 | - | [EFFECTIVE JULY 1, 2024]: Sec. 177.3. (a) "Telecommunications | |
| 207 | - | device", for purposes of IC 9-21-8, IC 9-25-4-7, IC 9-24-11-3.3 (before | |
| 208 | - | HEA 1162 — CC 1 6 | |
| 209 | - | its repeal), and IC 9-24-11-3.7, means an electronic or digital | |
| 210 | - | telecommunications device. The term includes a: the following: | |
| 211 | - | (1) A wireless telephone, personal digital assistant, pager, or | |
| 212 | - | text messaging device that is intended for handheld use. | |
| 213 | - | (2) personal digital assistant; | |
| 214 | - | (3) pager; or | |
| 215 | - | (4) text messaging device. | |
| 216 | - | (2) A wearable device that blocks, in whole or in part, the field | |
| 217 | - | of vision of the person wearing the device. | |
| 218 | - | (b) The term does not include: | |
| 219 | - | (1) amateur radio equipment that is being operated by a person | |
| 220 | - | licensed as an amateur radio operator by the Federal | |
| 221 | - | Communications Commission under 47 CFR Part 97; or | |
| 222 | - | (2) a communications system installed in a commercial motor | |
| 223 | - | vehicle weighing more than ten thousand (10,000) pounds. | |
| 224 | - | SECTION 8. IC 9-14-8-2, AS ADDED BY P.L.198-2016, | |
| 225 | - | SECTION 188, IS AMENDED TO READ AS FOLLOWS | |
| 226 | - | [EFFECTIVE JANUARY 1, 2025]: Sec. 2. The bureau shall do the | |
| 227 | - | following: | |
| 228 | - | (1) Prescribe and provide all forms necessary to carry out any | |
| 229 | - | laws or rules administered and enforced by the bureau. Each | |
| 230 | - | form must state the law or rule making the form necessary. | |
| 231 | - | (2) Maintain records under IC 9-14-12. | |
| 232 | - | (3) At the close of the calendar year, make a final settlement for | |
| 233 | - | all the money in accounts administered by the bureau and make | |
| 234 | - | any necessary adjustments to meet the intent of IC 8-14-2. | |
| 235 | - | SECTION 9. IC 9-14-8-3.5 IS REPEALED [EFFECTIVE UPON | |
| 2085 | + | Law 117-128) as in effect on January 1, 2023.". | |
| 2086 | + | Page 5, between lines 4 and 5, begin a new paragraph and insert: | |
| 2087 | + | "SECTION 7. IC 9-14-8-3.5 IS REPEALED [EFFECTIVE UPON | |
| 236 | 2088 | PASSAGE]. Sec. 3.5. The bureau of motor vehicles shall adopt rules | |
| 237 | 2089 | under IC 4-22-2, including emergency rules in the manner provided | |
| 238 | 2090 | under IC 4-22-2-37.1, necessary to implement the issuance and | |
| 239 | 2091 | administration of the following: | |
| 240 | 2092 | (1) Driver's licenses, permits, or identification cards for | |
| 241 | 2093 | individuals granted parole. | |
| 242 | 2094 | (2) Registrations and certificates of title for motor vehicles of | |
| 243 | - | individuals granted parole. | |
| 244 | - | SECTION 10. IC 9-14-12-3, AS ADDED BY P.L.198-2016, | |
| 245 | - | SECTION 192, IS AMENDED TO READ AS FOLLOWS | |
| 246 | - | [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) For each individual licensed | |
| 247 | - | by the bureau to operate a motor vehicle, the bureau shall create and | |
| 248 | - | maintain a driving record that contains the following: | |
| 249 | - | (1) The individual's convictions for any of the following: | |
| 250 | - | (A) A moving traffic violation. | |
| 251 | - | HEA 1162 — CC 1 7 | |
| 252 | - | (B) Operating a vehicle without financial responsibility in | |
| 253 | - | violation of IC 9-25. | |
| 254 | - | (2) Any administrative penalty imposed by the bureau. | |
| 255 | - | (3) Any suspensions, revocations, or reinstatements of the | |
| 256 | - | individual's driving privileges, license, or permit. | |
| 257 | - | (4) If the driving privileges of the individual have been suspended | |
| 258 | - | or revoked by the bureau, an entry in the record stating that a | |
| 259 | - | notice of suspension or revocation was mailed to the individual by | |
| 260 | - | the bureau or sent electronically if the individual has indicated | |
| 261 | - | a preference for receiving notices from the bureau | |
| 262 | - | electronically, and the date of the mailing or sending of the | |
| 263 | - | notice. | |
| 264 | - | (5) Any requirement that the individual may operate only a motor | |
| 265 | - | vehicle equipped with a certified ignition interlock device. | |
| 266 | - | A driving record may not contain voter registration information. | |
| 267 | - | (b) For an Indiana resident who does not hold any type of valid | |
| 268 | - | driving license, the bureau shall maintain a driving record as provided | |
| 269 | - | in IC 9-24-18-9. | |
| 270 | - | SECTION 11. IC 9-17-2-14.5, AS AMENDED BY P.L.27-2018, | |
| 271 | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 272 | - | JULY 1, 2024]: Sec. 14.5. (a) The bureau may: | |
| 273 | - | (1) make investigations or require additional information; and | |
| 274 | - | (2) reject an application or request; | |
| 275 | - | if the bureau is not satisfied of the genuineness, regularity, or legality | |
| 276 | - | of an application or the truth of a statement in an application, or for any | |
| 277 | - | other reason. | |
| 278 | - | (b) If the bureau is satisfied that the person applying for a certificate | |
| 279 | - | of title for a vehicle is the owner of the vehicle, the bureau shall issue | |
| 280 | - | a certificate of title for the vehicle after the person pays the applicable | |
| 281 | - | fee under subsection (c) or (d). | |
| 282 | - | (c) The fee for a certificate of title for a vehicle other than a | |
| 283 | - | watercraft is fifteen dollars ($15). Except as provided in subsection (e), | |
| 284 | - | the fee shall be distributed as follows: | |
| 285 | - | (1) Fifty cents ($0.50) to the state motor vehicle technology fund. | |
| 286 | - | (2) To the motor vehicle highway account as follows: | |
| 287 | - | (A) For a title issued before January 1, 2017, one dollar ($1). | |
| 288 | - | (B) For a title issued after December 31, 2016, three dollars | |
| 289 | - | and twenty-five cents ($3.25). | |
| 290 | - | (3) For a title issued before January 1, 2017, three dollars ($3) to | |
| 291 | - | the highway, road and street fund. | |
| 292 | - | (4) Five dollars ($5) to the crossroads 2000 fund. | |
| 293 | - | (5) One dollar and twenty-five cents ($1.25) to the integrated | |
| 294 | - | HEA 1162 — CC 1 8 | |
| 295 | - | public safety communications fund. | |
| 296 | - | (6) To the commission fund as follows: | |
| 297 | - | (A) For a title issued before January 1, 2017, four dollars and | |
| 298 | - | twenty-five cents ($4.25). | |
| 299 | - | (B) For a title issued after December 31, 2016, five dollars | |
| 300 | - | ($5). | |
| 301 | - | (d) The fee for a certificate of title for a watercraft is as follows: | |
| 302 | - | (1) For a certificate of title issued before January 1, 2017, fifteen | |
| 303 | - | dollars and fifty cents ($15.50). The fee shall be distributed as | |
| 304 | - | follows: | |
| 305 | - | (A) Fifty cents ($0.50) to the state motor vehicle technology | |
| 306 | - | fund. | |
| 307 | - | (B) Two dollars ($2) to the crossroads 2000 fund. | |
| 308 | - | (C) One dollar and twenty-five cents ($1.25) to the integrated | |
| 309 | - | public safety communications fund. | |
| 310 | - | (D) Four dollars and seventy-five cents ($4.75) to the | |
| 311 | - | commission fund. | |
| 312 | - | (E) Seven dollars ($7) to the department of natural resources. | |
| 313 | - | (2) For a certificate of title issued after December 31, 2016, | |
| 314 | - | fifteen dollars ($15). The fee shall be distributed as follows: | |
| 315 | - | (A) Fifty cents ($0.50) to the state motor vehicle technology | |
| 316 | - | fund. | |
| 317 | - | (B) Three dollars and twenty-five cents ($3.25) to the motor | |
| 318 | - | vehicle highway account. | |
| 319 | - | (C) Five dollars ($5) to the crossroads 2000 fund. | |
| 320 | - | (D) One dollar and twenty-five cents ($1.25) to the integrated | |
| 321 | - | public safety communications fund. | |
| 322 | - | (E) Five dollars ($5) to the commission fund. | |
| 323 | - | (e) Fees paid by dealers under this section shall be deposited in the | |
| 324 | - | motor vehicle odometer fund. | |
| 325 | - | (f) Except as provided in subsection (g), the bureau shall deliver a | |
| 326 | - | certificate of title: | |
| 327 | - | (1) to the person that owns the vehicle for which the certificate of | |
| 328 | - | title was issued, if no lien or encumbrance appears on the | |
| 329 | - | certificate of title; or | |
| 330 | - | (2) if a lien or an encumbrance appears on the certificate of title, | |
| 331 | - | to the person that holds the lien or encumbrance as set forth in the | |
| 332 | - | application for the certificate of title. | |
| 333 | - | (g) If a certificate of title is maintained electronically by the bureau, | |
| 334 | - | the bureau is not required to physically deliver the certificate of title | |
| 335 | - | but shall provide electronic notification: | |
| 336 | - | (1) to the person who owns the vehicle for which the certificate of | |
| 337 | - | HEA 1162 — CC 1 9 | |
| 338 | - | title was issued, if no lien or encumbrance appears on the | |
| 339 | - | certificate of title; or | |
| 340 | - | (2) if a lien or an encumbrance appears on the certificate of title, | |
| 341 | - | to the person that holds the lien or an encumbrance as set forth in | |
| 342 | - | the application for the certificate of title. | |
| 343 | - | SECTION 12. IC 9-18.1-13-3, AS AMENDED BY P.L.257-2017, | |
| 344 | - | SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 345 | - | JANUARY 1, 2025]: Sec. 3. (a) Upon payment of the annual | |
| 346 | - | registration fee under IC 9-18.1-5 and any applicable commercial | |
| 347 | - | vehicle excise tax under IC 6-6-5.5, the department of state revenue | |
| 348 | - | may issue a license plate for each commercial vehicle registered to the | |
| 349 | - | owner of at least twenty-five (25) five (5) commercial vehicles. The | |
| 350 | - | license plate issued under this section for a commercial vehicle is | |
| 351 | - | permanently valid. | |
| 352 | - | (b) The application of registration for the commercial vehicles must | |
| 353 | - | be on an aggregate basis by electronic means. If the application is | |
| 354 | - | approved, the department of state revenue shall issue a certificate of | |
| 355 | - | registration that shall be carried at all times in the vehicle for which it | |
| 356 | - | is issued. | |
| 357 | - | (c) The registration for a commercial vehicle is void when the | |
| 358 | - | registered owner: | |
| 359 | - | (1) sells (and does not replace); | |
| 360 | - | (2) disposes of; or | |
| 361 | - | (3) does not renew the registration of; | |
| 362 | - | the commercial vehicle or the commercial vehicle is destroyed. | |
| 363 | - | (d) This section does not relieve the owner of a vehicle from | |
| 364 | - | payment of any applicable commercial vehicle excise tax under | |
| 365 | - | IC 6-6-5.5 on a yearly basis. | |
| 366 | - | (e) A registered license plate issued under subsection (a) may be | |
| 367 | - | transferred to another vehicle in a fleet of the same weight and plate | |
| 368 | - | type, with a new certificate of registration issued under subsection (b), | |
| 369 | - | upon application to the department of state revenue. A commercial | |
| 370 | - | vehicle excise tax credit may be applied to any plate transfer of the | |
| 371 | - | same vehicle type and same weight category. | |
| 372 | - | (f) The following apply to rules adopted by the bureau before | |
| 373 | - | January 1, 2014, under IC 9-18-2-4.5(f) (before its expiration): | |
| 374 | - | (1) The rules are transferred to the department of state revenue | |
| 375 | - | and are considered rules of the department of state revenue. | |
| 376 | - | (2) The rules are treated as if they had been adopted by the | |
| 377 | - | department of state revenue. | |
| 378 | - | (g) Upon qualification under this section, a vehicle subject to the | |
| 379 | - | commercial vehicle excise tax under IC 6-6-5.5, including trailers and | |
| 380 | - | HEA 1162 — CC 1 10 | |
| 381 | - | semitrailers, must be registered with the department of state revenue | |
| 382 | - | and issued a permanent license plate. | |
| 383 | - | (h) A registered owner may continue to register commercial vehicles | |
| 384 | - | under this section even after a reduction in the registered owner's fleet | |
| 385 | - | to fewer than twenty-five (25) five (5) commercial vehicles. | |
| 386 | - | SECTION 13. IC 9-18.1-14-4, AS ADDED BY P.L.198-2016, | |
| 387 | - | SECTION 326, IS AMENDED TO READ AS FOLLOWS | |
| 388 | - | [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The fee to register an off-road | |
| 389 | - | vehicle or snowmobile is thirty dollars ($30). The fee shall be | |
| 390 | - | deposited in the off-road vehicle and snowmobile fund established by | |
| 391 | - | IC 14-16-1-30. | |
| 392 | - | (b) The registration of an off-road vehicle or a snowmobile under | |
| 393 | - | this chapter is valid until the earlier of the following: | |
| 394 | - | (1) Three (3) years from the date of registration or renewal under | |
| 395 | - | this chapter. | |
| 396 | - | (2) The date on which the off-road vehicle or snowmobile is sold | |
| 397 | - | or transferred to another person. The bureau may designate an | |
| 398 | - | expiration month that aligns with the schedule of expiration | |
| 399 | - | dates described in IC 9-18.1-11-1. However, the registration | |
| 400 | - | period must be at least thirty-six (36) months and not more | |
| 401 | - | than forty-eight (48) months for a given registration or | |
| 402 | - | renewal. | |
| 403 | - | (c) If a person sells or otherwise disposes of an off-road vehicle or | |
| 404 | - | snowmobile: | |
| 405 | - | (1) the certificate of registration and decals for the off-road | |
| 406 | - | vehicle or snowmobile are canceled; and | |
| 407 | - | (2) except as provided in IC 9-33-3, the person is not entitled to | |
| 408 | - | a refund of any unused part of a fee paid by the person under this | |
| 409 | - | section. | |
| 410 | - | (d) A person that acquires an off-road vehicle or a snowmobile that | |
| 411 | - | is registered under this chapter must apply to the bureau under this | |
| 412 | - | chapter to register the off-road vehicle or snowmobile. | |
| 413 | - | SECTION 14. IC 9-18.5-29-3, AS AMENDED BY P.L.211-2023, | |
| 414 | - | SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 415 | - | JULY 1, 2024]: Sec. 3. (a) An individual who registers a vehicle under | |
| 416 | - | this title may apply for and receive a Hoosier veteran license plate for | |
| 417 | - | one (1) or more vehicles upon doing the following: | |
| 418 | - | (1) Completing an application for a Hoosier veteran license plate. | |
| 419 | - | (2) Presenting one (1) of the following to the bureau: | |
| 420 | - | (A) A United States Uniformed Services Retiree Identification | |
| 421 | - | Card. | |
| 422 | - | (B) A DD 214 or DD 215 record. Proof of discharge. | |
| 423 | - | HEA 1162 — CC 1 11 | |
| 424 | - | (C) United States military discharge papers. | |
| 425 | - | (D) A current armed forces identification card. | |
| 426 | - | (E) A physical credential or mobile credential issued to the | |
| 427 | - | individual that contains an indication of veteran status under | |
| 428 | - | IC 9-24-11-5.5. | |
| 429 | - | (3) Paying a fee in an amount of fifteen dollars ($15). | |
| 430 | - | (b) The bureau shall distribute at least one (1) time each month the | |
| 431 | - | fee described in subsection (a)(3) to the director of veterans' affairs for | |
| 432 | - | deposit in the military family relief fund established under | |
| 433 | - | IC 10-17-12-8. | |
| 434 | - | SECTION 15. IC 9-18.5-34-5 IS ADDED TO THE INDIANA | |
| 435 | - | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
| 436 | - | [EFFECTIVE JANUARY 1, 2025]: Sec. 5. (a) The bureau may not | |
| 437 | - | require a person, at the time of the renewal of: | |
| 438 | - | (1) a registration for a collector vehicle under IC 9-18.1-5-5; | |
| 439 | - | (2) a historic vehicle license plate under section 2 of this | |
| 440 | - | chapter; and | |
| 441 | - | (3) an authentic license plate under section 3 of this chapter; | |
| 442 | - | to appear in person to affirm that the collector vehicle meets the | |
| 443 | - | requirements of IC 9-13-2-28.4. | |
| 444 | - | (b) The bureau may require a person to appear in person for an | |
| 445 | - | initial inspection to determine the authenticity of an Indiana license | |
| 446 | - | plate from the model year of a collector vehicle under section 4(c) | |
| 447 | - | of this chapter. | |
| 448 | - | SECTION 16. IC 9-18.5-35-3, AS ADDED BY P.L.29-2021, | |
| 449 | - | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 450 | - | JULY 1, 2024]: Sec. 3. (a) An individual who registers a vehicle under | |
| 451 | - | this title may apply for and receive an Armed Forces Expeditionary | |
| 452 | - | Medal license plate for one (1) or more vehicles upon doing the | |
| 453 | - | following: | |
| 454 | - | (1) Completing an application for an Armed Forces Expeditionary | |
| 455 | - | Medal license plate. | |
| 456 | - | (2) Presenting one (1) of the following to the bureau that shows | |
| 457 | - | the individual has been awarded the Armed Forces Expeditionary | |
| 458 | - | Medal: | |
| 459 | - | (A) A DD 214 or DD 215 record. | |
| 460 | - | (B) United States military discharge papers. | |
| 461 | - | (C) A current armed forces identification card. | |
| 462 | - | (D) Digital verification through the United States | |
| 463 | - | Department of Defense. | |
| 464 | - | (3) Paying a fee in the amount of fifteen dollars ($15). | |
| 465 | - | (b) The bureau shall distribute the fee described in subsection (a)(3) | |
| 466 | - | HEA 1162 — CC 1 12 | |
| 467 | - | to the director of veterans' affairs for deposit in the military family | |
| 468 | - | relief fund established under IC 10-17-12-8. | |
| 469 | - | SECTION 17. IC 9-21-8-59, AS AMENDED BY P.L.100-2020, | |
| 470 | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 471 | - | JULY 1, 2024]: Sec. 59. (a) Except as provided in subsections (b) and | |
| 472 | - | (c), a person may not hold or use a telecommunications device while | |
| 473 | - | operating a moving motor vehicle. | |
| 474 | - | (b) A telecommunications device described in | |
| 475 | - | IC 9-13-2-177.3(a)(1) may be used in conjunction with hands free or | |
| 476 | - | voice operated technology. | |
| 477 | - | (c) A telecommunications device may be used or held to call 911 to | |
| 478 | - | report a bona fide emergency. | |
| 479 | - | (d) A police officer may not, without the consent of the person: | |
| 480 | - | (1) confiscate a telecommunications device for the purpose of | |
| 481 | - | determining compliance with this section; | |
| 482 | - | (2) confiscate a telecommunications device and retain it as | |
| 483 | - | evidence pending trial for a violation of this section; or | |
| 484 | - | (3) extract or otherwise download information from a | |
| 485 | - | telecommunications device for a violation of this section unless: | |
| 486 | - | (A) the police officer has probable cause to believe that the | |
| 487 | - | telecommunications device has been used in the commission | |
| 488 | - | of a crime; | |
| 489 | - | (B) the information is extracted or otherwise downloaded | |
| 490 | - | under a valid search warrant; or | |
| 491 | - | (C) otherwise authorized by law. | |
| 492 | - | (e) The bureau may not assess points under the point system for a | |
| 493 | - | violation of this section occurring before July 1, 2021. | |
| 494 | - | SECTION 18. IC 9-24-2-3, AS AMENDED BY P.L.211-2023, | |
| 2095 | + | individuals granted parole.". | |
| 2096 | + | Page 8, between lines 12 and 13, begin a new paragraph and insert: | |
| 2097 | + | "SECTION 13. IC 9-24-2-3, AS AMENDED BY P.L.211-2023, | |
| 495 | 2098 | SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 496 | 2099 | UPON PASSAGE]: Sec. 3. (a) The bureau may not issue a driver's | |
| 497 | 2100 | license or learner's permit or grant driving privileges to the following | |
| 498 | 2101 | individuals: | |
| 499 | 2102 | (1) An individual whose driving privileges have been suspended, | |
| 500 | 2103 | during the period for which the driving privileges are suspended, | |
| 501 | 2104 | or to an individual whose driver's license has been revoked, until | |
| 502 | 2105 | the time the bureau is authorized under Indiana law to issue the | |
| 503 | 2106 | individual a new driver's license. | |
| 504 | 2107 | (2) An individual whose learner's permit has been suspended or | |
| 505 | 2108 | revoked until the time the bureau is authorized under Indiana law | |
| 506 | 2109 | to issue the individual a new learner's permit. | |
| 507 | 2110 | (3) An individual who, in the opinion of the bureau, is afflicted | |
| 508 | 2111 | with or suffering from a physical or mental disability or disease | |
| 509 | - | ||
| 2112 | + | EH 1162—LS 6594/DI 137 50 | |
| 510 | 2113 | that prevents the individual from exercising reasonable and | |
| 511 | 2114 | ordinary control over a motor vehicle while operating the motor | |
| 512 | 2115 | vehicle on a highway. | |
| 513 | 2116 | (4) An individual who is unable to understand highway warnings | |
| 514 | 2117 | or direction signs written in the English language. | |
| 515 | 2118 | (5) An individual who is required under this article to take an | |
| 516 | 2119 | examination unless: | |
| 517 | 2120 | (A) the individual successfully passes the examination; or | |
| 518 | 2121 | (B) the bureau waives the examination requirement. | |
| 519 | 2122 | (6) An individual who is required under IC 9-25 or any other | |
| 520 | 2123 | statute to deposit or provide proof of financial responsibility and | |
| 521 | 2124 | who has not deposited or provided that proof. | |
| 522 | 2125 | (7) An individual when the bureau has good cause to believe that | |
| 523 | 2126 | the operation of a motor vehicle on a highway by the individual | |
| 524 | 2127 | would be inimical to public safety or welfare. | |
| 525 | 2128 | (8) An individual who is the subject of an order issued by: | |
| 526 | 2129 | (A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13, | |
| 527 | 2130 | IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or | |
| 528 | 2131 | (B) the Title IV-D agency; | |
| 529 | 2132 | ordering that a driver's license or permit not be issued to the | |
| 530 | 2133 | individual. | |
| 531 | 2134 | (9) Except for an individual granted parole, An individual who | |
| 532 | 2135 | has not presented valid documentary evidence to the bureau of the | |
| 533 | 2136 | individual's lawful status in the United States, as required by | |
| 534 | 2137 | IC 9-24-9-2.5. | |
| 535 | 2138 | (10) An individual who does not otherwise satisfy the | |
| 536 | 2139 | requirements of this article. | |
| 537 | 2140 | (b) An individual subject to epileptic seizures may not be denied a | |
| 538 | 2141 | driver's license or permit under this section if the individual presents | |
| 539 | 2142 | a statement from a licensed physician or an advanced practice | |
| 540 | 2143 | registered nurse, on a form prescribed by the bureau, that the individual | |
| 541 | - | is under medication and is free from seizures while under medication. | |
| 542 | - | SECTION 19. IC 9-24-2-4, AS AMENDED BY P.L.111-2021, | |
| 543 | - | SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 544 | - | JULY 1, 2024]: Sec. 4. (a) If an individual is at least fifteen (15) years | |
| 545 | - | of age and less than eighteen (18) years of age and is a habitual truant, | |
| 546 | - | is under a suspension or an expulsion, or has withdrawn from school as | |
| 547 | - | described in section 1 of this chapter, the bureau shall, upon | |
| 548 | - | notification by an authorized representative of the individual's school | |
| 549 | - | corporation, suspend the individual's driving privileges until the | |
| 550 | - | earliest of the following: | |
| 551 | - | (1) The individual becomes eighteen (18) years of age. | |
| 552 | - | HEA 1162 — CC 1 14 | |
| 553 | - | (2) One hundred twenty (120) days after the individual is | |
| 554 | - | suspended. | |
| 555 | - | (3) The suspension, expulsion, or exclusion is reversed after the | |
| 556 | - | individual has had a hearing under IC 20-33-8. | |
| 557 | - | (b) The bureau shall promptly mail a notice to the individual's last | |
| 558 | - | known address, or send the notice electronically if the individual has | |
| 559 | - | indicated a preference for receiving notices from the bureau | |
| 560 | - | electronically, that states the following: | |
| 561 | - | (1) That the individual's driving privileges will be suspended for | |
| 562 | - | a specified period commencing five (5) days after the date of the | |
| 563 | - | notice. | |
| 564 | - | (2) That the individual has the right to appeal the suspension of | |
| 565 | - | the driving privileges. | |
| 566 | - | (c) If an aggrieved individual believes that: | |
| 567 | - | (1) the information provided was technically incorrect; or | |
| 568 | - | (2) the bureau committed a technical or procedural error; | |
| 569 | - | the aggrieved individual may appeal the invalidation of a driver's | |
| 570 | - | license under section 5 of this chapter. | |
| 571 | - | (d) If an individual satisfies the conditions for reinstatement of a | |
| 572 | - | driver's license under this section, the individual may submit to the | |
| 573 | - | bureau for review the necessary information certifying that at least one | |
| 574 | - | (1) of the events described in subsection (a) has occurred. | |
| 575 | - | (e) Upon reviewing and certifying the information received under | |
| 576 | - | subsection (d), the bureau shall reinstate the individual's driving | |
| 577 | - | privileges. | |
| 578 | - | (f) An individual may not operate a motor vehicle in violation of this | |
| 579 | - | section. | |
| 580 | - | (g) An individual whose driving privileges are suspended under this | |
| 581 | - | section is eligible to apply for specialized driving privileges under | |
| 582 | - | IC 9-30-16. | |
| 583 | - | (h) The bureau shall reinstate the driving privileges of an individual | |
| 584 | - | whose driving privileges were suspended under this section if the | |
| 585 | - | individual does the following: | |
| 586 | - | (1) Establishes to the satisfaction of the principal of the school | |
| 587 | - | where the action occurred that caused the suspension of the | |
| 588 | - | driving privileges that the individual has: | |
| 589 | - | (A) enrolled in a full-time or part-time program of education; | |
| 590 | - | and | |
| 591 | - | (B) participated for thirty (30) or more days in the program of | |
| 592 | - | education. | |
| 593 | - | (2) Submits to the bureau a form developed by the bureau that | |
| 594 | - | contains: | |
| 595 | - | HEA 1162 — CC 1 15 | |
| 596 | - | (A) the verified signature of the principal or the president of | |
| 597 | - | the governing body of the school described in subdivision (1); | |
| 598 | - | and | |
| 599 | - | (B) notification to the bureau that the person has complied | |
| 600 | - | with subdivision (1). | |
| 601 | - | An individual may appeal the decision of a principal under subdivision | |
| 602 | - | (1) to the governing body of the school corporation where the | |
| 603 | - | principal's school is located. | |
| 604 | - | SECTION 20. IC 9-24-7-4, AS AMENDED BY P.L.111-2021, | |
| 605 | - | SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 606 | - | JULY 1, 2024]: Sec. 4. (a) A learner's permit authorizes the holder to | |
| 607 | - | operate a motor vehicle, except a motorcycle or a commercial motor | |
| 608 | - | vehicle, upon a highway under the following conditions: | |
| 609 | - | (1) While the holder is participating in practice driving in an | |
| 610 | - | approved driver education course and is accompanied in the front | |
| 611 | - | seat of the motor vehicle by an individual with valid driving | |
| 612 | - | privileges who: | |
| 613 | - | (A) is licensed as a driver education instructor under | |
| 614 | - | IC 9-27-6-8 and is working under the direction of a driver | |
| 615 | - | training school described in IC 9-27-6-3(a)(2); or | |
| 616 | - | (B) is a certified driver rehabilitation specialist recognized by | |
| 617 | - | the bureau who is employed through a driver rehabilitation | |
| 618 | - | program. | |
| 619 | - | (2) While the holder is participating in practice driving after | |
| 620 | - | having commenced an approved driver education course and is | |
| 621 | - | accompanied in the front seat of the motor vehicle by an | |
| 622 | - | individual with valid driving privileges who is at least: | |
| 623 | - | (A) twenty-five (25) years of age and related to the applicant | |
| 624 | - | by blood, marriage, or legal status; or | |
| 625 | - | (B) if the licensed individual is the holder's spouse, twenty-one | |
| 626 | - | (21) years of age. | |
| 627 | - | (3) If the holder is not participating in an approved driver | |
| 628 | - | education course, and is less than eighteen (18) years of age, the | |
| 629 | - | holder may participate in practice driving if accompanied in the | |
| 630 | - | front seat of the motor vehicle by an individual who is: | |
| 631 | - | (A) a licensed driver, with valid driving privileges, who is: | |
| 632 | - | (i) at least twenty-five (25) years of age; and | |
| 633 | - | (ii) related to the applicant by blood, marriage, or legal | |
| 634 | - | status; | |
| 635 | - | (B) the spouse of the applicant who is: | |
| 636 | - | (i) a licensed driver with valid driving privileges; and | |
| 637 | - | (ii) at least twenty-one (21) years of age; or | |
| 638 | - | HEA 1162 — CC 1 16 | |
| 639 | - | (C) an individual with valid driving privileges who: | |
| 640 | - | (i) is licensed as a driver education instructor under | |
| 641 | - | IC 9-27-6-8 and is working under the direction of a driver | |
| 642 | - | training school described in IC 9-27-6-3(a)(2); or | |
| 643 | - | (ii) is a certified driver rehabilitation specialist recognized | |
| 644 | - | by the bureau who is employed through a driver | |
| 645 | - | rehabilitation program; or | |
| 646 | - | (iii) is a bureau or commission employee who is | |
| 647 | - | conducting a skills examination. | |
| 648 | - | (4) If the holder is not participating in an approved driver | |
| 649 | - | education course, and is at least eighteen (18) years of age, the | |
| 650 | - | holder may participate in practice driving if accompanied in the | |
| 651 | - | front seat of the motor vehicle by an individual who is: | |
| 652 | - | (A) a licensed driver, with valid driving privileges, who is at | |
| 653 | - | least twenty-five (25) years of age; or | |
| 654 | - | (B) the spouse of the applicant who is: | |
| 655 | - | (i) a licensed driver with valid driving privileges; and | |
| 656 | - | (ii) at least twenty-one (21) years of age. | |
| 657 | - | (5) If the holder is less than eighteen (18) years of age and is | |
| 658 | - | under the care and supervision of the department of child | |
| 659 | - | services, the holder may participate in practice driving if | |
| 660 | - | accompanied in the front seat of the motor vehicle by an | |
| 661 | - | individual who is: | |
| 662 | - | (A) a licensed driver with valid driving privileges who is: | |
| 663 | - | (i) at least twenty-five (25) years of age; and | |
| 664 | - | (ii) related to the applicant by blood, marriage, or legal | |
| 665 | - | status; | |
| 666 | - | (B) a licensed driver with valid driving privileges who is: | |
| 667 | - | (i) at least twenty-five (25) years of age; and | |
| 668 | - | (ii) approved by the department of child services; or | |
| 669 | - | (C) an individual with valid driving privileges who is: | |
| 670 | - | (i) licensed as a driver education instructor under | |
| 671 | - | IC 9-27-6-8 and is working under the direction of a driver | |
| 672 | - | training school described in IC 9-27-6-3(a)(2); or | |
| 673 | - | (ii) a certified driver rehabilitation specialist recognized by | |
| 674 | - | the bureau who is employed through a driver rehabilitation | |
| 675 | - | program. | |
| 676 | - | (b) A holder of a learner's permit may operate a motor driven cycle. | |
| 677 | - | SECTION 21. IC 9-24-8.5-2, AS AMENDED BY P.L.111-2021, | |
| 2144 | + | is under medication and is free from seizures while under medication.". | |
| 2145 | + | Page 9, delete lines 31 through 36. | |
| 2146 | + | Page 11, between lines 24 and 25, begin a new paragraph and insert: | |
| 2147 | + | "SECTION 15. IC 9-24-8.5-2, AS AMENDED BY P.L.111-2021, | |
| 678 | 2148 | SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 679 | 2149 | JULY 1, 2024]: Sec. 2. (a) A driver's license issued under IC 9-24-3 | |
| 680 | 2150 | may include one (1) or more of the following: | |
| 681 | - | HEA 1162 — CC 1 17 | |
| 682 | 2151 | (1) A motorcycle endorsement under IC 9-24-8-4 (before its | |
| 683 | 2152 | expiration) or section 3 of this chapter. | |
| 684 | 2153 | (2) A for-hire endorsement under section 5 of this chapter. | |
| 685 | 2154 | (b) A commercial driver's license may include one (1) or more of | |
| 2155 | + | EH 1162—LS 6594/DI 137 51 | |
| 686 | 2156 | the following: | |
| 687 | 2157 | (1) A motorcycle endorsement under IC 9-24-8-4 (before its | |
| 688 | 2158 | expiration) or section 3 of this chapter. | |
| 689 | 2159 | (2) Except for a hazardous materials endorsement, an | |
| 690 | 2160 | endorsement under IC 9-24-6.1, including under any rules | |
| 691 | 2161 | adopted under IC 9-24-6.1, if the applicant is at least | |
| 692 | 2162 | twenty-one (21) years of age. | |
| 693 | 2163 | (3) A hazardous materials endorsement under IC 9-24-6.1, | |
| 694 | 2164 | including under any rules adopted under IC 9-24-6.1, if the | |
| 695 | 2165 | applicant is at least eighteen (18) years of age. | |
| 696 | - | SECTION | |
| 2166 | + | SECTION 16. IC 9-24-9-2, AS AMENDED BY P.L.211-2023, | |
| 697 | 2167 | SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 698 | 2168 | UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (b), | |
| 699 | 2169 | each application for a driver's license or permit under this chapter must | |
| 700 | 2170 | require the following information: | |
| 701 | 2171 | (1) The full legal name of the applicant. | |
| 702 | 2172 | (2) The applicant's date of birth. | |
| 703 | 2173 | (3) The gender of the applicant. | |
| 704 | 2174 | (4) The applicant's height, weight, hair color, and eye color. | |
| 705 | 2175 | (5) The address of the applicant. | |
| 706 | 2176 | (6) A: | |
| 707 | 2177 | (A) valid Social Security number; or | |
| 708 | 2178 | (B) verification of an applicant's: | |
| 709 | 2179 | (i) ineligibility to be issued a Social Security number; | |
| 710 | 2180 | (ii) identity; and | |
| 711 | 2181 | (iii) lawful status. except for an individual granted parole. | |
| 712 | 2182 | (7) Whether the applicant has been subject to fainting spells or | |
| 713 | 2183 | seizures. | |
| 714 | 2184 | (8) Whether the applicant has been issued a driver's license or has | |
| 715 | 2185 | been the holder of a permit, and if so, when and by what | |
| 716 | 2186 | jurisdiction. | |
| 717 | 2187 | (9) Whether the applicant's driver's license or permit has ever | |
| 718 | 2188 | been suspended or revoked, and if so, the date of and the reason | |
| 719 | 2189 | for the suspension or revocation. | |
| 720 | 2190 | (10) Whether the applicant has been convicted of: | |
| 721 | 2191 | (A) a crime punishable as a felony under Indiana motor | |
| 722 | 2192 | vehicle law; or | |
| 723 | 2193 | (B) any other felony in the commission of which a motor | |
| 724 | - | HEA 1162 — CC 1 18 | |
| 725 | 2194 | vehicle was used; | |
| 726 | 2195 | that has not been expunged by a court. | |
| 727 | 2196 | (11) Whether the applicant has a physical or mental disability, | |
| 728 | 2197 | and if so, the nature of the disability. | |
| 2198 | + | EH 1162—LS 6594/DI 137 52 | |
| 729 | 2199 | (12) The signature of the applicant showing the applicant's legal | |
| 730 | 2200 | name as it appears or will appear on the driver's license or permit. | |
| 731 | 2201 | (13) A digital photograph of the applicant. | |
| 732 | 2202 | (14) Any other information the bureau requires. | |
| 733 | 2203 | (b) For purposes of subsection (a), an individual certified as a | |
| 734 | 2204 | program participant in the address confidentiality program under | |
| 735 | 2205 | IC 5-26.5 is not required to provide the individual's address, but may | |
| 736 | 2206 | provide an address designated by the office of the attorney general | |
| 737 | 2207 | under IC 5-26.5 as the individual's address. | |
| 738 | 2208 | (c) In addition to the information required by subsection (a), an | |
| 739 | 2209 | applicant who is required to complete at least fifty (50) hours of | |
| 740 | 2210 | supervised practice driving under IC 9-24-3-2.5(a)(1)(E) or | |
| 741 | 2211 | IC 9-24-3-2.5(a)(2)(D) must submit to the bureau evidence of the time | |
| 742 | - | logged in practice driving. | |
| 743 | - | SECTION 23. IC 9-24-9-2.3, AS AMENDED BY P.L.82-2019, | |
| 744 | - | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 745 | - | JULY 1, 2024]: Sec. 2.3. (a) Except for an application for a minor | |
| 746 | - | applicant, an application for a driver's license or permit under this | |
| 747 | - | chapter must contain the following questions: | |
| 748 | - | (1) "Have you served in the armed forces of the United States?". | |
| 749 | - | (2) "Are you the surviving spouse of someone who served in the | |
| 750 | - | armed forces of the United States or their reserves, in the National | |
| 751 | - | Guard, or in the Indiana National Guard?". | |
| 752 | - | (b) In addition to the questions set forth in subsection (a), an | |
| 753 | - | application for a driver's license or permit to be issued under this article | |
| 754 | - | must enable the applicant to indicate the following: | |
| 755 | - | (1) The applicant is a veteran and wishes to have an indication of | |
| 756 | - | the applicant's veteran status appear on the driver's license or | |
| 757 | - | permit. | |
| 758 | - | (2) The applicant is the surviving spouse of a veteran of the armed | |
| 759 | - | forces of the United States and wishes to have an indication of the | |
| 760 | - | applicant's status as a surviving spouse of a veteran appear on the | |
| 761 | - | license or permit. | |
| 762 | - | (3) The applicant has a medical condition of note and wishes to | |
| 763 | - | have an identifying symbol and a brief description of the medical | |
| 764 | - | condition appear on the driver's license or permit. | |
| 765 | - | (c) The bureau shall keep in a data base and share the information | |
| 766 | - | submitted under subsections (a), (b)(1), and (b)(2) upon request by the | |
| 767 | - | HEA 1162 — CC 1 19 | |
| 768 | - | Indiana department of veterans' affairs. The information submitted | |
| 769 | - | under subsections (a), (b)(1), and (b)(2) may be used by the Indiana | |
| 770 | - | department of veterans' affairs to develop outreach programs for | |
| 771 | - | veterans and their families. | |
| 772 | - | (d) The application for a driver's license or permit under this chapter | |
| 773 | - | must indicate that an applicant has the option whether or not to answer | |
| 774 | - | the questions set forth in subsection (a). | |
| 775 | - | SECTION 24. IC 9-24-9-2.5, AS AMENDED BY P.L.211-2023, | |
| 2212 | + | logged in practice driving.". | |
| 2213 | + | Page 12, between lines 13 and 14, begin a new paragraph and insert: | |
| 2214 | + | "SECTION 18. IC 9-24-9-2.5, AS AMENDED BY P.L.211-2023, | |
| 776 | 2215 | SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 777 | 2216 | UPON PASSAGE]: Sec. 2.5. In addition to the information required | |
| 778 | 2217 | from the applicant for a driver's license or permit under sections 1 and | |
| 779 | 2218 | 2 of this chapter, the bureau shall require an applicant to present to the | |
| 780 | 2219 | bureau valid documentary evidence that the applicant has lawful status. | |
| 781 | 2220 | or is granted parole. | |
| 782 | - | SECTION | |
| 2221 | + | SECTION 19. IC 9-24-11-5, AS AMENDED BY P.L.211-2023, | |
| 783 | 2222 | SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 784 | 2223 | UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (d), a | |
| 785 | 2224 | learner's permit or driver's license issued under this article must contain | |
| 786 | 2225 | the following information: | |
| 787 | 2226 | (1) The full legal name of the permittee or licensee. | |
| 788 | 2227 | (2) The date of birth of the permittee or licensee. | |
| 789 | 2228 | (3) The address of the principal residence of the permittee or | |
| 790 | 2229 | licensee. | |
| 791 | 2230 | (4) The hair color and eye color of the permittee or licensee. | |
| 792 | 2231 | (5) The date of issue and expiration date of the permit or license. | |
| 793 | 2232 | (6) The gender of the permittee or licensee. | |
| 794 | 2233 | (7) The unique identifying number of the permit or license. | |
| 795 | 2234 | (8) The weight of the permittee or licensee. | |
| 796 | 2235 | (9) The height of the permittee or licensee. | |
| 797 | 2236 | (10) A reproduction of the signature of the permittee or licensee. | |
| 798 | 2237 | (11) If the permittee or licensee is less than eighteen (18) years of | |
| 799 | 2238 | age at the time of issuance, the dates, notated prominently, on | |
| 800 | 2239 | which the permittee or licensee will become: | |
| 801 | 2240 | (A) eighteen (18) years of age; and | |
| 2241 | + | EH 1162—LS 6594/DI 137 53 | |
| 802 | 2242 | (B) twenty-one (21) years of age. | |
| 803 | 2243 | (12) If the permittee or licensee is at least eighteen (18) years of | |
| 804 | 2244 | age but less than twenty-one (21) years of age at the time of | |
| 805 | 2245 | issuance, the date, notated prominently, on which the permittee or | |
| 806 | 2246 | licensee will become twenty-one (21) years of age. | |
| 807 | 2247 | (13) Except as provided in subsection (b), a digital photograph of | |
| 808 | 2248 | the permittee or licensee. | |
| 809 | 2249 | (b) The bureau may provide for the omission of a photograph or | |
| 810 | - | HEA 1162 — CC 1 20 | |
| 811 | 2250 | computerized image from any driver's license or learner's permit issued | |
| 812 | 2251 | in the form of a physical credential if there is good cause for the | |
| 813 | 2252 | omission. However, a driver's license or learner's permit issued without | |
| 814 | 2253 | a digital photograph may not be issued in the form of a mobile | |
| 815 | 2254 | credential and must include a statement that indicates that the driver's | |
| 816 | 2255 | license or learner's permit issued without a digital photograph may not | |
| 817 | 2256 | be accepted by a federal agency for federal identification or any other | |
| 818 | 2257 | federal purpose. | |
| 819 | 2258 | (c) A driver's license or learner's permit issued to an individual who | |
| 820 | 2259 | has | |
| 821 | 2260 | (1) temporary lawful status as indicated by: | |
| 822 | 2261 | (A) (1) a valid, unexpired nonimmigrant visa or has | |
| 823 | 2262 | nonimmigrant visa status for entry in the United States; | |
| 824 | 2263 | (B) (2) a pending application for asylum in the United States; | |
| 825 | 2264 | (C) (3) a pending or approved application for temporary | |
| 826 | 2265 | protected status in the United States; | |
| 827 | 2266 | (D) (4) having an approved deferred action status; or | |
| 828 | 2267 | (E) (5) a pending application for adjustment of status to that of | |
| 829 | 2268 | an alien lawfully admitted for permanent residence in the | |
| 830 | 2269 | United States or conditional permanent residence status in the | |
| 831 | 2270 | United States; or | |
| 832 | 2271 | (2) been granted parole; | |
| 833 | 2272 | must be clearly identified as a temporary driver's license or learner's | |
| 834 | 2273 | permit. A temporary driver's license or learner's permit issued under | |
| 835 | 2274 | this subsection may not be renewed without the presentation of valid | |
| 836 | 2275 | documentary evidence proving that the licensee's or permittee's | |
| 837 | 2276 | temporary status has been extended. | |
| 838 | 2277 | (d) For purposes of subsection (a), an individual certified as a | |
| 839 | 2278 | program participant in the address confidentiality program under | |
| 840 | 2279 | IC 5-26.5 is not required to provide the address of the individual's | |
| 841 | 2280 | principal residence, but may provide an address designated by the | |
| 842 | 2281 | office of the attorney general under IC 5-26.5 as the address of the | |
| 843 | - | individual's principal residence. | |
| 844 | - | SECTION 26. IC 9-24-11-5.5, AS AMENDED BY P.L.120-2020, | |
| 845 | - | SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 846 | - | JULY 1, 2024]: Sec. 5.5. (a) If an individual has: | |
| 847 | - | (1) indicated on the application for a driver's license or learner's | |
| 848 | - | permit that the individual is a veteran and wishes to have an | |
| 849 | - | indication of the individual's veteran status appear on the driver's | |
| 850 | - | license or learner's permit; and | |
| 851 | - | (2) provided proof of discharge at the time of application of the | |
| 852 | - | individual's veteran status; | |
| 853 | - | HEA 1162 — CC 1 21 | |
| 854 | - | an indication of the individual's veteran status shall be shown on the | |
| 855 | - | driver's license or learner's permit. | |
| 856 | - | (b) If an individual has: | |
| 857 | - | (1) indicated on the individual's application for a driver's license | |
| 858 | - | or learner's permit that the applicant: | |
| 859 | - | (A) is a surviving spouse of a veteran; and | |
| 860 | - | (B) wishes to have an indication of the applicant's status as a | |
| 861 | - | surviving spouse of a veteran appear on the driver's license or | |
| 862 | - | learner's permit; and | |
| 863 | - | (2) provided the documentation necessary to verify that the | |
| 864 | - | applicant was married, at the time of the decedent's death, to a | |
| 865 | - | veteran; | |
| 866 | - | an indication of the individual's status as a surviving spouse of a | |
| 867 | - | veteran shall be shown on the driver's license or learner's permit. | |
| 868 | - | (c) If an individual submits information concerning the individual's | |
| 869 | - | medical condition in conjunction with the individual's application for | |
| 870 | - | a driver's license or learner's permit, the bureau shall place an | |
| 871 | - | identifying symbol in a prominent location on a driver's license or | |
| 872 | - | learner's permit to indicate that the individual has a medical condition | |
| 873 | - | of note. The bureau shall include information on the individual's | |
| 874 | - | driver's license or learner's permit that briefly describes the individual's | |
| 875 | - | medical condition. The information must be notated in a manner that | |
| 876 | - | alerts an individual reading the driver's license or learner's permit to the | |
| 877 | - | existence of the medical condition. The individual submitting the | |
| 878 | - | information concerning the medical condition is responsible for its | |
| 879 | - | accuracy. | |
| 880 | - | (d) Notwithstanding the July 1, 2021, effective date in HEA | |
| 881 | - | 1506-2019, SECTION 50 (P.L.178-2019), this section takes effect July | |
| 882 | - | 1, 2020 (rather than July 1, 2021). | |
| 883 | - | SECTION 27. IC 9-24-12-1, AS AMENDED BY P.L.211-2023, | |
| 2282 | + | individual's principal residence.". | |
| 2283 | + | Page 13, between lines 9 and 10, begin a new paragraph and insert: | |
| 2284 | + | EH 1162—LS 6594/DI 137 54 | |
| 2285 | + | "SECTION 20. IC 9-24-12-1, AS AMENDED BY P.L.211-2023, | |
| 884 | 2286 | SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 885 | 2287 | UPON PASSAGE]: Sec. 1. (a) Except as provided in sections 10 and | |
| 886 | 2288 | 11 of this chapter, a driver's license issued in the form of a physical | |
| 887 | 2289 | credential to an applicant who is at least seventy-five (75) years of age | |
| 888 | 2290 | expires at midnight of the birthday of the holder that occurs three (3) | |
| 889 | 2291 | years following the date of issuance. | |
| 890 | 2292 | (b) Except as provided in subsections (a) and (c) and sections 10 | |
| 891 | 2293 | and 11 of this chapter, a driver's license issued in the form of a physical | |
| 892 | 2294 | credential under this article expires at midnight of the birthday of the | |
| 893 | 2295 | holder that occurs six (6) years following the date of issuance. | |
| 894 | 2296 | (c) A driver's license issued in the form of a physical credential to | |
| 895 | 2297 | an individual who is less than twenty-one (21) years of age expires at | |
| 896 | - | HEA 1162 — CC 1 22 | |
| 897 | 2298 | midnight of the date thirty (30) days after the twenty-first birthday of | |
| 898 | 2299 | the holder. However, if the individual complies with IC 9-24-9-2.5, or | |
| 899 | 2300 | is granted parole, the driver's license expires: | |
| 900 | 2301 | (1) at midnight one (1) year after issuance if there is no expiration | |
| 901 | 2302 | date on the authorization granted to the individual to remain in the | |
| 902 | 2303 | United States; or | |
| 903 | 2304 | (2) if there is an expiration date on the authorization granted to | |
| 904 | 2305 | the individual to remain in the United States, the earlier of the | |
| 905 | 2306 | following: | |
| 906 | 2307 | (A) At midnight of the date the authorization to remain in the | |
| 907 | 2308 | United States expires. | |
| 908 | 2309 | (B) At midnight of the date thirty (30) days after the | |
| 909 | 2310 | twenty-first birthday of the holder. | |
| 910 | - | SECTION | |
| 2311 | + | SECTION 21. IC 9-24-12-4, AS AMENDED BY P.L.211-2023, | |
| 911 | 2312 | SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 912 | 2313 | UPON PASSAGE]: Sec. 4. (a) Except as provided in subsections (c) | |
| 913 | 2314 | and (d), the application for renewal of: | |
| 914 | 2315 | (1) a driver's license; | |
| 915 | 2316 | (2) a chauffeur's license (before the expiration of IC 9-24-4 on | |
| 916 | 2317 | July 1, 2024); | |
| 917 | 2318 | (3) a public passenger chauffeur's license (before the expiration | |
| 918 | 2319 | of IC 9-24-5 on July 1, 2022); | |
| 919 | 2320 | (4) an identification card; or | |
| 920 | 2321 | (5) a photo exempt identification card; | |
| 921 | 2322 | under this article may be filed not more than twenty-four (24) months | |
| 922 | 2323 | before the expiration date of the license, identification card, or photo | |
| 923 | 2324 | exempt identification card held by the applicant. | |
| 924 | 2325 | (b) Except as provided in subsections (c) and (d), an application for | |
| 925 | 2326 | the renewal of a learner's permit issued under this article may be filed | |
| 2327 | + | EH 1162—LS 6594/DI 137 55 | |
| 926 | 2328 | not more than thirty (30) days before the expiration of the learner's | |
| 927 | 2329 | permit. | |
| 928 | 2330 | (c) When the applicant complies with IC 9-24-9-2.5, or is granted | |
| 929 | 2331 | parole, an application for renewal of a driver's license in subsection | |
| 930 | 2332 | (a)(1), (a)(2), or (a)(3) may be filed not more than one (1) month before | |
| 931 | 2333 | the expiration date of the license held by the applicant. | |
| 932 | 2334 | (d) When the applicant complies with IC 9-24-16-3.5, an application | |
| 933 | 2335 | for renewal of an identification card under subsection (a)(4) may be | |
| 934 | 2336 | filed not more than one (1) month before the expiration date of the | |
| 935 | - | identification card held by the applicant. | |
| 936 | - | SECTION 29. IC 9-24-12-6, AS AMENDED BY P.L.85-2013, | |
| 937 | - | SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 938 | - | JULY 1, 2024]: Sec. 6. (a) When the Indiana driver's license of an | |
| 939 | - | HEA 1162 — CC 1 23 | |
| 940 | - | individual who is temporarily residing outside Indiana because of | |
| 941 | - | service in the armed forces of the United States has expired, the driver's | |
| 942 | - | license remains valid for ninety (90) days following the individual's | |
| 943 | - | discharge from service in the armed forces or postdeployment in the | |
| 944 | - | armed forces. To obtain a renewed driver's license, the individual must | |
| 945 | - | do the following: | |
| 946 | - | (1) Apply for a renewal of the driver's license during the ninety | |
| 947 | - | (90) day period following the individual's discharge or | |
| 948 | - | postdeployment in the armed forces. | |
| 949 | - | (2) Show proof of the individual's discharge from service in the | |
| 950 | - | armed forces or status as postdeployment in the armed forces to | |
| 951 | - | the bureau when applying for the renewal. | |
| 952 | - | An individual who held a commercial driver's license that expired | |
| 953 | - | during the individual's service in the armed forces may renew the | |
| 954 | - | commercial driver's license as if the commercial driver's license had | |
| 955 | - | not expired but had remained valid during the period of service in the | |
| 956 | - | armed forces of the United States. | |
| 957 | - | (b) When the Indiana driver's license of an individual who is | |
| 958 | - | temporarily residing outside Indiana because of the service of a spouse, | |
| 959 | - | parent, or guardian in the armed forces of the United States has | |
| 960 | - | expired, the driver's license remains valid for ninety (90) days | |
| 961 | - | following the discharge from service in the armed forces or end of | |
| 962 | - | deployment in the armed forces of the individual's spouse, parent, or | |
| 963 | - | guardian. To obtain a renewed driver's license, the individual must do | |
| 964 | - | the following: | |
| 965 | - | (1) Apply for a renewal of the driver's license during the ninety | |
| 966 | - | (90) day period following the discharge from or end of | |
| 967 | - | deployment in the armed forces of the individual's spouse, parent, | |
| 968 | - | or guardian. | |
| 969 | - | (2) Show proof to the bureau of the proof of discharge from or | |
| 970 | - | end of deployment in the armed forces of the individual's spouse, | |
| 971 | - | parent, or guardian when applying for the renewal. | |
| 972 | - | SECTION 30. IC 9-24-12-11, AS AMENDED BY P.L.211-2023, | |
| 973 | - | SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 974 | - | JULY 1, 2024]: Sec. 11. (a) This section applies to a driver's license | |
| 975 | - | other than a commercial driver's license. | |
| 976 | - | (b) If the birthday of a holder on which the holder's driver's license | |
| 977 | - | would otherwise expire falls on: | |
| 978 | - | (1) Sunday; | |
| 979 | - | (2) a legal holiday (as set forth in IC 1-1-9-1); or | |
| 980 | - | (3) a weekday when all license branches in the county of | |
| 981 | - | residence of the holder are closed; | |
| 982 | - | HEA 1162 — CC 1 24 | |
| 983 | - | the driver's license of the holder does not expire until midnight of the | |
| 984 | - | first day after the birthday on which a license branch is open for | |
| 985 | - | business in the county of residence of the holder. | |
| 986 | - | (c) A driver's license issued to an applicant who complies with | |
| 987 | - | IC 9-24-9-2.5 or who is granted parole expires: | |
| 988 | - | (1) at midnight one (1) year after issuance if there is no expiration | |
| 989 | - | date on the authorization granted to the individual to remain in the | |
| 990 | - | United States; or | |
| 991 | - | (2) if there is an expiration date on the authorization granted to | |
| 992 | - | the individual to remain in the United States, the earlier of the | |
| 993 | - | following: | |
| 994 | - | (A) At midnight of the date the authorization of the holder to | |
| 995 | - | have lawful status as a permanent resident or conditional | |
| 996 | - | resident alien of the United States expires. | |
| 997 | - | (B) At midnight of the birthday of the holder that occurs six | |
| 998 | - | (6) years after the date of issuance. | |
| 999 | - | (d) A driver's license expires upon the bureau receiving notice | |
| 1000 | - | of the death of the holder. | |
| 1001 | - | SECTION 31. IC 9-24-14-3.5, AS AMENDED BY P.L.211-2023, | |
| 1002 | - | SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1003 | - | JULY 1, 2024]: Sec. 3.5. (a) If a valid computerized image or digital | |
| 1004 | - | photograph of an individual exists within the records of the bureau, an | |
| 1005 | - | individual may apply for a replacement driver's license or learner's | |
| 1006 | - | permit issued in the form of a physical credential by electronic service. | |
| 1007 | - | (b) An individual may apply by electronic service for the | |
| 1008 | - | individual's driver's license or learner's permit to be converted | |
| 1009 | - | into an identification card for a nondriver. | |
| 1010 | - | (b) (c) An individual applying for a replacement of a driver's license | |
| 1011 | - | or a learner's permit issued in the form of a physical credential must | |
| 1012 | - | apply in person at a license branch if the individual is not entitled to | |
| 1013 | - | apply by mail or by electronic service. under subsection (a). | |
| 1014 | - | SECTION 32. IC 9-24-16-1, AS AMENDED BY P.L.211-2023, | |
| 2337 | + | identification card held by the applicant.". | |
| 2338 | + | Page 14, line 17, strike "or who is granted parole". | |
| 2339 | + | Page 15, between lines 1 and 2, begin a new paragraph and insert: | |
| 2340 | + | "SECTION 24. IC 9-24-16-1, AS AMENDED BY P.L.211-2023, | |
| 1015 | 2341 | SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1016 | 2342 | UPON PASSAGE]: Sec. 1. The bureau shall issue an identification | |
| 1017 | 2343 | card in the form of a physical credential to an individual who meets the | |
| 1018 | 2344 | following conditions: | |
| 1019 | 2345 | (1) Makes an application. | |
| 1020 | 2346 | (2) Is an Indiana resident. | |
| 1021 | 2347 | (3) Has presented valid documentary evidence to the bureau of | |
| 1022 | 2348 | the individual's lawful status in the United States, or valid | |
| 1023 | 2349 | documentary evidence that the individual is granted parole, as | |
| 1024 | - | required by section 3.5 of this chapter. | |
| 1025 | - | HEA 1162 — CC 1 25 | |
| 1026 | - | SECTION 33. IC 9-24-16-2, AS AMENDED BY P.L.211-2023, | |
| 1027 | - | SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1028 | - | JULY 1, 2024]: Sec. 2. (a) Except for an application for a minor | |
| 1029 | - | applicant, an application for an identification card to be issued under | |
| 1030 | - | this chapter in the form of a physical credential must contain the | |
| 1031 | - | following questions: | |
| 1032 | - | (1) "Have you served in the armed forces of the United States?". | |
| 1033 | - | (2) "Are you the surviving spouse of someone who served in the | |
| 1034 | - | armed forces of the United States or their reserves, in the National | |
| 1035 | - | Guard, or in the Indiana National Guard?". | |
| 1036 | - | (b) In addition to the questions set forth in subsection (a), an | |
| 1037 | - | application for an identification card issued under this chapter in the | |
| 1038 | - | form of a physical credential must require the following information | |
| 1039 | - | concerning an applicant: | |
| 1040 | - | (1) The full legal name of the applicant. | |
| 1041 | - | (2) The applicant's date of birth. | |
| 1042 | - | (3) The gender of the applicant. | |
| 1043 | - | (4) The applicant's height, weight, hair color, and eye color. | |
| 1044 | - | (5) The principal address and mailing address of the applicant. | |
| 1045 | - | (6) A: | |
| 1046 | - | (A) valid Social Security number; or | |
| 1047 | - | (B) verification of an applicant's: | |
| 1048 | - | (i) ineligibility to be issued a Social Security number; | |
| 1049 | - | (ii) identity; and | |
| 1050 | - | (iii) lawful status. except for an individual granted parole. | |
| 1051 | - | (7) A digital photograph of the applicant. | |
| 1052 | - | (8) The signature of the applicant showing the applicant's legal | |
| 1053 | - | name as it will appear on the identification card issued in the form | |
| 1054 | - | of a physical credential. | |
| 1055 | - | (9) If the applicant is also applying for a motor driven cycle | |
| 1056 | - | endorsement, verification that the applicant has satisfactorily | |
| 1057 | - | completed the test required under section 3.6 of this chapter. | |
| 1058 | - | (c) The bureau may invalidate an identification card issued in the | |
| 1059 | - | form of a physical credential that the bureau believes to have been | |
| 1060 | - | issued as a result of fraudulent documentation. | |
| 1061 | - | (d) The bureau: | |
| 1062 | - | (1) shall adopt rules under IC 4-22-2 to establish a procedure to | |
| 1063 | - | verify an applicant's identity and lawful status; and | |
| 1064 | - | (2) may adopt rules to establish a procedure to temporarily | |
| 1065 | - | invalidate an identification card issued in the form of a physical | |
| 1066 | - | credential that it believes to have been issued based on fraudulent | |
| 1067 | - | documentation. | |
| 1068 | - | HEA 1162 — CC 1 26 | |
| 1069 | - | (e) For purposes of subsection (b), an individual certified as a | |
| 1070 | - | program participant in the address confidentiality program under | |
| 1071 | - | IC 5-26.5 is not required to provide the individual's principal address | |
| 1072 | - | and mailing address, but may provide an address designated by the | |
| 1073 | - | office of the attorney general under IC 5-26.5 as the individual's | |
| 1074 | - | principal address and mailing address. | |
| 1075 | - | (f) In addition to the information required under subsection (b), an | |
| 1076 | - | application for an identification card to be issued under this chapter in | |
| 1077 | - | the form of a physical credential must enable the applicant to indicate | |
| 1078 | - | that the applicant is a veteran and wishes to have an indication of the | |
| 1079 | - | applicant's veteran status appear on the identification card issued in the | |
| 1080 | - | form of a physical credential. An applicant who wishes to have an | |
| 1081 | - | indication of the applicant's veteran status appear on the identification | |
| 1082 | - | card issued in the form of a physical credential must: | |
| 1083 | - | (1) indicate on the application that the applicant: | |
| 1084 | - | (A) is a veteran; and | |
| 1085 | - | (B) wishes to have an indication of the applicant's veteran | |
| 1086 | - | status appear on the identification card; and | |
| 1087 | - | (2) provide proof of discharge at the time of application of the | |
| 1088 | - | applicant's veteran status. | |
| 1089 | - | (g) In addition to the information required under subsection (b), an | |
| 1090 | - | application for an identification card to be issued under this chapter in | |
| 1091 | - | the form of a physical credential must enable the applicant to indicate | |
| 1092 | - | that the applicant is a surviving spouse of a veteran and wishes to have | |
| 1093 | - | an indication of the applicant's status as a surviving spouse of a veteran | |
| 1094 | - | appear on the identification card issued in the form of a physical | |
| 1095 | - | credential. An applicant who wishes to have an indication of the | |
| 1096 | - | applicant's status as a surviving spouse of a veteran appear on the | |
| 1097 | - | identification card issued in the form of a physical credential must: | |
| 1098 | - | (1) indicate on the application that the applicant: | |
| 1099 | - | (A) is the surviving spouse of a veteran of the armed forces of | |
| 1100 | - | the United States; and | |
| 1101 | - | (B) wishes to have an indication of the applicant's status as a | |
| 1102 | - | surviving spouse of a veteran appear on the identification card | |
| 1103 | - | issued in the form of a physical credential; and | |
| 1104 | - | (2) provide the documentation necessary to verify that the | |
| 1105 | - | applicant was married, at the time of the decedent's death, to a | |
| 1106 | - | veteran. | |
| 1107 | - | (h) The bureau shall keep in a data base and share the information | |
| 1108 | - | submitted under subsections (a) and (g) at least annually with the | |
| 1109 | - | Indiana department of veterans' affairs. The information submitted | |
| 1110 | - | under subsections (a) and (g) may be used by the Indiana department | |
| 1111 | - | HEA 1162 — CC 1 27 | |
| 1112 | - | of veterans' affairs to develop outreach programs for veterans and their | |
| 1113 | - | families. | |
| 1114 | - | (i) The application for an identification card to be issued under this | |
| 1115 | - | chapter in the form of a physical credential must indicate that an | |
| 1116 | - | applicant has the option whether or not to answer the questions set | |
| 1117 | - | forth in subsection (a). | |
| 1118 | - | SECTION 34. IC 9-24-16-3, AS AMENDED BY P.L.211-2023, | |
| 2350 | + | required by section 3.5 of this chapter.". | |
| 2351 | + | Page 15, line 26, after "status" delete "," and insert ".". | |
| 2352 | + | Page 15, line 26, strike "except for an individual granted parole.". | |
| 2353 | + | Page 17, between lines 7 and 8, begin a new paragraph and insert: | |
| 2354 | + | "SECTION 26. IC 9-24-16-3, AS AMENDED BY P.L.211-2023, | |
| 1119 | 2355 | SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1120 | 2356 | UPON PASSAGE]: Sec. 3. (a) An identification card: | |
| 1121 | 2357 | (1) issued in the form of a physical credential must have the same | |
| 1122 | 2358 | dimensions and shape as a driver's license; and | |
| 1123 | 2359 | (2) in the form of a mobile credential must contain the same data | |
| 1124 | 2360 | contained in a driver's license; | |
| 1125 | 2361 | but the card must have markings sufficient to distinguish the card from | |
| 1126 | 2362 | a driver's license. | |
| 1127 | 2363 | (b) Except as provided in subsection (g), the front side of an | |
| 1128 | 2364 | identification card issued in the form of a physical credential must | |
| 1129 | 2365 | contain the expiration date of the identification card and the following | |
| 1130 | 2366 | information about the individual to whom the card is being issued: | |
| 1131 | 2367 | (1) Full legal name. | |
| 1132 | 2368 | (2) The address of the principal residence. | |
| 1133 | 2369 | (3) Date of birth. | |
| 2370 | + | EH 1162—LS 6594/DI 137 56 | |
| 1134 | 2371 | (4) Date of issue and date of expiration. | |
| 1135 | 2372 | (5) Unique identification number. | |
| 1136 | 2373 | (6) Gender. | |
| 1137 | 2374 | (7) Weight. | |
| 1138 | 2375 | (8) Height. | |
| 1139 | 2376 | (9) Color of eyes and hair. | |
| 1140 | 2377 | (10) Reproduction of the signature of the individual identified. | |
| 1141 | 2378 | (11) Whether the individual is blind (as defined in | |
| 1142 | 2379 | IC 12-7-2-21(1)). | |
| 1143 | 2380 | (12) If the individual is less than eighteen (18) years of age at the | |
| 1144 | 2381 | time of issuance, the dates on which the individual will become: | |
| 1145 | 2382 | (A) eighteen (18) years of age; and | |
| 1146 | 2383 | (B) twenty-one (21) years of age. | |
| 1147 | 2384 | (13) If the individual is at least eighteen (18) years of age but less | |
| 1148 | 2385 | than twenty-one (21) years of age at the time of issuance, the date | |
| 1149 | 2386 | on which the individual will become twenty-one (21) years of age. | |
| 1150 | 2387 | (14) Digital photograph of the individual. | |
| 1151 | 2388 | (c) The information contained on the identification card as required | |
| 1152 | 2389 | by subsection (b)(12) or (b)(13) for an individual who is less than | |
| 1153 | 2390 | twenty-one (21) years of age at the time of issuance shall be notated | |
| 1154 | - | HEA 1162 — CC 1 28 | |
| 1155 | 2391 | prominently on the identification card issued in the form of a physical | |
| 1156 | 2392 | credential. | |
| 1157 | 2393 | (d) If the individual complies with section 2(f) or 2(g) of this | |
| 1158 | 2394 | chapter, an indication of the individual's veteran status or status as the | |
| 1159 | 2395 | surviving spouse of a veteran of the armed forces of the United States, | |
| 1160 | 2396 | as applicable, shall be shown on the identification card issued in the | |
| 1161 | 2397 | form of a physical credential. | |
| 1162 | 2398 | (e) If the applicant for an identification card issued in the form of a | |
| 1163 | 2399 | physical credential submits information to the bureau concerning the | |
| 1164 | 2400 | applicant's medical condition, the bureau shall place an identifying | |
| 1165 | 2401 | symbol on the face of the identification card issued in the form of a | |
| 1166 | 2402 | physical credential to indicate that the applicant has a medical | |
| 1167 | 2403 | condition of note. The bureau shall include information on the | |
| 1168 | 2404 | identification card issued in the form of a physical credential that | |
| 1169 | 2405 | briefly describes the medical condition of the holder of the card issued | |
| 1170 | 2406 | in the form of a physical credential. The information must be printed | |
| 1171 | 2407 | in a manner that alerts a person reading the card issued in the form of | |
| 1172 | 2408 | a physical credential to the existence of the medical condition. The | |
| 1173 | 2409 | applicant for an identification card issued in the form of a physical | |
| 1174 | 2410 | credential is responsible for the accuracy of the information concerning | |
| 1175 | 2411 | the medical condition submitted under this subsection. The bureau | |
| 1176 | 2412 | shall inform an applicant that submission of information under this | |
| 2413 | + | EH 1162—LS 6594/DI 137 57 | |
| 1177 | 2414 | subsection is voluntary. | |
| 1178 | 2415 | (f) An identification card issued by the state to an individual who | |
| 1179 | 2416 | has | |
| 1180 | 2417 | (1) temporary lawful status as indicated by: | |
| 1181 | 2418 | (A) (1) a valid, unexpired nonimmigrant visa or has | |
| 1182 | 2419 | nonimmigrant visa status for entry in the United States; | |
| 1183 | 2420 | (B) (2) a pending application for asylum in the United States; | |
| 1184 | 2421 | (C) (3) a pending or approved application for temporary | |
| 1185 | 2422 | protected status in the United States; | |
| 1186 | 2423 | (D) (4) having an approved deferred action status; or | |
| 1187 | 2424 | (E) (5) a pending application for adjustment of status to that of | |
| 1188 | 2425 | an alien lawfully admitted for permanent residence in the | |
| 1189 | 2426 | United States or conditional permanent residence status in the | |
| 1190 | 2427 | United States; or | |
| 1191 | 2428 | (2) been granted parole; | |
| 1192 | 2429 | must be issued in the form of a physical credential and clearly | |
| 1193 | 2430 | identified as a temporary identification card. A temporary identification | |
| 1194 | 2431 | card issued under this subsection may not be renewed without the | |
| 1195 | 2432 | presentation of valid documentary evidence proving that the holder of | |
| 1196 | 2433 | the identification card's temporary status has been extended. | |
| 1197 | - | HEA 1162 — CC 1 29 | |
| 1198 | 2434 | (g) For purposes of subsection (b), an individual certified as a | |
| 1199 | 2435 | program participant in the address confidentiality program under | |
| 1200 | 2436 | IC 5-26.5 is not required to provide the address of the individual's | |
| 1201 | 2437 | principal residence, but may provide an address designated by the | |
| 1202 | 2438 | office of the attorney general under IC 5-26.5 as the address of the | |
| 1203 | 2439 | individual's principal residence. | |
| 1204 | 2440 | (h) The bureau shall validate an identification card issued in the | |
| 1205 | 2441 | form of a physical credential for motor driven cycle operation upon a | |
| 1206 | 2442 | highway by endorsement to an individual who: | |
| 1207 | 2443 | (1) applies for or has previously been issued an identification card | |
| 1208 | 2444 | under this chapter; | |
| 1209 | 2445 | (2) makes the appropriate application for endorsement; and | |
| 1210 | 2446 | (3) satisfactorily completes the test required under section 3.6 of | |
| 1211 | 2447 | this chapter. | |
| 1212 | 2448 | The bureau shall place a designation on the face of the identification | |
| 1213 | 2449 | card issued in the form of a physical credential to indicate that the | |
| 1214 | 2450 | individual has received a motor driven cycle endorsement. | |
| 1215 | - | SECTION | |
| 2451 | + | SECTION 27. IC 9-24-16-3.5, AS AMENDED BY P.L.211-2023, | |
| 1216 | 2452 | SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1217 | 2453 | UPON PASSAGE]: Sec. 3.5. In addition to the information required for | |
| 1218 | 2454 | the applicant for an identification card under section 3 of this chapter, | |
| 1219 | 2455 | the bureau shall require an applicant to present to the bureau: | |
| 2456 | + | EH 1162—LS 6594/DI 137 58 | |
| 1220 | 2457 | (1) valid documentary evidence that the applicant has: | |
| 1221 | 2458 | (A) lawful status; or | |
| 1222 | 2459 | (B) a pending application for adjustment of status to that of an | |
| 1223 | 2460 | alien lawfully admitted for permanent residence in the United | |
| 1224 | 2461 | States or conditional permanent resident status in the United | |
| 1225 | 2462 | States; or | |
| 1226 | 2463 | (C) been granted parole; and | |
| 1227 | 2464 | (2) evidence of the Social Security number of the applicant. If | |
| 1228 | 2465 | federal law prohibits the issuance of a Social Security number to | |
| 1229 | 2466 | the applicant, the applicant must provide verification of the | |
| 1230 | - | applicant's ineligibility to be issued a Social Security number. | |
| 1231 | - | SECTION 36. IC 9-24-16-4.5, AS AMENDED BY P.L.211-2023, | |
| 1232 | - | SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1233 | - | JULY 1, 2024]: Sec. 4.5. (a) The bureau may adopt rules under | |
| 1234 | - | IC 4-22-2 concerning the ability of an individual to renew an | |
| 1235 | - | identification card issued in the form of a physical credential under | |
| 1236 | - | section 5 of this chapter, An individual may apply for a replacement | |
| 1237 | - | identification card issued in the form of a physical credential under | |
| 1238 | - | section 9 of this chapter, or apply for a replacement identification card | |
| 1239 | - | issued in the form of a physical credential under section 6 of this | |
| 1240 | - | HEA 1162 — CC 1 30 | |
| 1241 | - | chapter, or convert a driver's license or learner's permit into an | |
| 1242 | - | identification card under IC 9-24-14-3.5 by electronic service. If | |
| 1243 | - | rules are adopted under this subsection, the rules must provide that An | |
| 1244 | - | individual's renewal, amendment, or replacement of, or conversion to, | |
| 1245 | - | an identification card issued in the form of a physical credential by | |
| 1246 | - | electronic service is subject to the following conditions: | |
| 1247 | - | (1) A valid computerized image or digital photograph of the | |
| 1248 | - | individual must exist within the records of the bureau. | |
| 1249 | - | (2) The individual must be a citizen of the United States, as | |
| 1250 | - | shown in the records of the bureau. | |
| 1251 | - | (3) There must not have been any change in the: | |
| 1252 | - | (A) legal address; or | |
| 1253 | - | (B) name; | |
| 1254 | - | of the individual since the issuance or previous renewal of the | |
| 1255 | - | identification card issued in the form of a physical credential of | |
| 1256 | - | the individual. | |
| 1257 | - | (4) The identification card issued in the form of a physical | |
| 1258 | - | credential of the individual must not be expired more than one | |
| 1259 | - | hundred eighty (180) days at the time of the application for | |
| 1260 | - | renewal. | |
| 1261 | - | (b) An individual applying for: | |
| 1262 | - | (1) the renewal of an identification card; or | |
| 1263 | - | (2) a replacement identification card; | |
| 1264 | - | must apply in person if the individual is not entitled to apply by mail or | |
| 1265 | - | by electronic service under subsection (a). | |
| 1266 | - | SECTION 37. IC 9-24-16-5, AS AMENDED BY P.L.211-2023, | |
| 1267 | - | SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1268 | - | JULY 1, 2024]: Sec. 5. (a) An application for renewal of an | |
| 1269 | - | identification card issued in the form of a physical credential may be | |
| 1270 | - | made not more than twenty-four (24) months before the expiration date | |
| 1271 | - | of the card issued in the form of a physical credential. However, when | |
| 1272 | - | the applicant complies with section 3.5 of this chapter, an application | |
| 1273 | - | for renewal of an identification card issued in the form of a physical | |
| 1274 | - | credential may be filed not more than one (1) month before the | |
| 1275 | - | expiration date of the identification card issued in the form of a | |
| 1276 | - | physical credential held by the applicant. | |
| 1277 | - | (b) Except as provided in subsection (d), a renewed card issued in | |
| 1278 | - | the form of a physical credential is valid on the birth date of the holder | |
| 1279 | - | and remains valid for six (6) years. | |
| 1280 | - | (c) Renewal may not be granted if the cardholder was issued a | |
| 1281 | - | driver's license issued in the form of a physical credential subsequent | |
| 1282 | - | to the last issuance of an identification card issued in the form of a | |
| 1283 | - | HEA 1162 — CC 1 31 | |
| 1284 | - | physical credential. | |
| 1285 | - | (d) A renewed identification card issued under this article in the | |
| 1286 | - | form of a physical credential to an applicant who complies with section | |
| 1287 | - | 3.5 of this chapter expires: | |
| 1288 | - | (1) at midnight one (1) year after issuance, if there is no | |
| 1289 | - | expiration date on the authorization granted to the individual to | |
| 1290 | - | remain in the United States; or | |
| 1291 | - | (2) if there is an expiration date on the authorization granted to | |
| 1292 | - | the individual to remain in the United States, the earlier of the | |
| 1293 | - | following: | |
| 1294 | - | (A) At midnight of the date the authorization of the holder to | |
| 1295 | - | have lawful status as a permanent resident or conditional | |
| 1296 | - | resident alien of the United States expires. | |
| 1297 | - | (B) At midnight of the birthday of the holder that occurs six | |
| 1298 | - | (6) years after the date of issuance. | |
| 1299 | - | (e) An identification card expires upon the bureau receiving | |
| 1300 | - | notice of the death of the holder. | |
| 1301 | - | SECTION 38. IC 9-24-17.5-2, AS AMENDED BY P.L.211-2023, | |
| 1302 | - | SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1303 | - | JULY 1, 2024]: Sec. 2. (a) In addition to a physical credential issued | |
| 1304 | - | under this article, upon request by an applicant, the bureau may issue | |
| 1305 | - | a mobile credential to an individual who satisfies the requirements for | |
| 1306 | - | application under this article for the following: | |
| 1307 | - | (1) A driver's license. | |
| 1308 | - | (2) A learner's permit. | |
| 1309 | - | (3) An identification card. | |
| 1310 | - | (4) A commercial driver's license issued under IC 9-24-6.1. | |
| 1311 | - | (5) A commercial learner's permit issued under IC 9-24-6.1. | |
| 1312 | - | (b) The bureau may not issue a mobile credential for: | |
| 1313 | - | (1) a commercial driver's license issued under IC 9-24-6.1; | |
| 1314 | - | (2) a commercial learner's permit issued under IC 9-24-6.1; | |
| 1315 | - | (3) (1) a motorcycle learner's permit issued under IC 9-24-8-3; | |
| 1316 | - | (4) (2) a photo exempt driver's license issued under | |
| 1317 | - | IC 9-24-11-5(b); or | |
| 1318 | - | (5) (3) a photo exempt identification card issued under | |
| 1319 | - | IC 9-24-16.5. | |
| 1320 | - | SECTION 39. IC 9-24-18-9, AS AMENDED BY P.L.198-2016, | |
| 1321 | - | SECTION 532, IS AMENDED TO READ AS FOLLOWS | |
| 1322 | - | [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The bureau may establish a | |
| 1323 | - | driving record for an Indiana resident who does not hold any type of | |
| 1324 | - | valid driving license. The driving record shall be established for an | |
| 1325 | - | unlicensed driver when the bureau receives an abstract of court | |
| 1326 | - | HEA 1162 — CC 1 32 | |
| 1327 | - | conviction for the type of conviction that would appear on an official | |
| 1328 | - | driver's record. | |
| 1329 | - | (b) If an unlicensed driver applies for and receives any type of | |
| 1330 | - | driver's license in Indiana, the individual's driving record as an | |
| 1331 | - | unlicensed driver shall be recorded on the permanent record file. | |
| 1332 | - | (c) The bureau shall also certify traffic violation convictions on the | |
| 1333 | - | driving record of an unlicensed driver who subsequently receives an | |
| 1334 | - | Indiana driver's license. | |
| 1335 | - | (d) A driving record established under this section must include the | |
| 1336 | - | following: | |
| 1337 | - | (1) The individual's convictions for any of the following: | |
| 1338 | - | (A) A moving traffic violation. | |
| 1339 | - | (B) Operating a vehicle without financial responsibility in | |
| 1340 | - | violation of IC 9-25. | |
| 1341 | - | (2) Any administrative penalty imposed by the bureau. | |
| 1342 | - | (3) Any suspensions, revocations, or reinstatements of the | |
| 1343 | - | individual's driving privileges, license, or permit. | |
| 1344 | - | (4) If the driving privileges of the individual have been suspended | |
| 1345 | - | or revoked by the bureau, an entry in the record stating that a | |
| 1346 | - | notice of suspension or revocation was mailed to the individual by | |
| 1347 | - | the bureau or sent electronically if the individual has indicated | |
| 1348 | - | a preference for receiving notices from the bureau | |
| 1349 | - | electronically, and the date of the mailing or sending of the | |
| 1350 | - | notice. | |
| 1351 | - | (5) Any requirement that the individual may operate only a motor | |
| 1352 | - | vehicle equipped with a certified ignition interlock device. | |
| 1353 | - | A driving record may not contain voter registration information. | |
| 1354 | - | SECTION 40. IC 9-24-19-8, AS AMENDED BY P.L.147-2018, | |
| 1355 | - | SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1356 | - | JULY 1, 2024]: Sec. 8. Service by the bureau of motor vehicles of a | |
| 1357 | - | notice or an order suspending or revoking an individual's driving | |
| 1358 | - | privileges by mailing the notice or order by first class mail to the | |
| 1359 | - | individual at the last address shown for the individual in the records of | |
| 1360 | - | the bureau, or by sending the notice or order electronically if the | |
| 1361 | - | individual has indicated a preference for receiving notices from the | |
| 1362 | - | bureau electronically, establishes a rebuttable presumption that the | |
| 1363 | - | individual knows that the individual's driving privileges are suspended | |
| 1364 | - | or revoked, as applicable. | |
| 1365 | - | SECTION 41. IC 9-25-5-3, AS AMENDED BY P.L.149-2015, | |
| 1366 | - | SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1367 | - | JULY 1, 2024]: Sec. 3. (a) A request for evidence of financial | |
| 1368 | - | responsibility must do the following: | |
| 1369 | - | HEA 1162 — CC 1 33 | |
| 1370 | - | (1) Direct the person to provide the bureau with evidence that | |
| 1371 | - | financial responsibility was in effect with respect to the motor | |
| 1372 | - | vehicle, or the operation of the motor vehicle, operated by the | |
| 1373 | - | person on the date requested. | |
| 1374 | - | (2) Instruct the person on how to furnish the bureau with evidence | |
| 1375 | - | of financial responsibility in compliance with this article. | |
| 1376 | - | (3) Inform the person that failure to furnish evidence of financial | |
| 1377 | - | responsibility to the bureau, if not already provided, will result in | |
| 1378 | - | suspension of the person's current driving privileges or motor | |
| 1379 | - | vehicle registration, or both, under this article. | |
| 1380 | - | (b) The bureau shall mail a request for evidence of financial | |
| 1381 | - | responsibility to a person by first class mail to the mailing address of | |
| 1382 | - | the person appearing in the records of the bureau or send the request | |
| 1383 | - | electronically if the person has indicated a preference for receiving | |
| 1384 | - | requests from the bureau electronically. | |
| 1385 | - | SECTION 42. IC 9-28-2-9, AS AMENDED BY P.L.188-2015, | |
| 1386 | - | SECTION 103, IS AMENDED TO READ AS FOLLOWS | |
| 1387 | - | [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) Upon written notification | |
| 1388 | - | from a jurisdiction that is a party to an agreement entered into under | |
| 1389 | - | this chapter, the bureau shall take appropriate action against a licensed | |
| 1390 | - | driver for failure to meet the conditions set out in the citation of the | |
| 1391 | - | jurisdiction in which the traffic offense occurred. | |
| 1392 | - | (b) The bureau shall notify the driver by first class mail, or | |
| 1393 | - | electronically if the driver has indicated a preference for receiving | |
| 1394 | - | requests from the bureau electronically, of the request by the | |
| 1395 | - | respective jurisdiction to have the driver's driving privileges suspended. | |
| 1396 | - | For the purposes of this chapter, a written notice sent to the driver's last | |
| 1397 | - | registered address with the bureau meets the conditions of due notice. | |
| 1398 | - | (c) The driver has fifteen (15) days from the date of notice to satisfy | |
| 1399 | - | the conditions of the citation issued by the jurisdiction or to request a | |
| 1400 | - | hearing before a bureau hearing officer to show evidence or present | |
| 1401 | - | information why the bureau should not suspend the driver's driving | |
| 1402 | - | privileges for failure to meet the terms of the citation. | |
| 1403 | - | (d) Upon holding the hearing, the bureau may suspend the driver's | |
| 1404 | - | driving privileges until the conditions of the citation are met or a | |
| 1405 | - | release from the citing jurisdiction is obtained. | |
| 1406 | - | (e) If the bureau does not receive information from the driver | |
| 1407 | - | concerning the notification, the bureau shall suspend the driver's | |
| 1408 | - | driving privileges until the conditions of the citation are met or a | |
| 1409 | - | release is obtained. | |
| 1410 | - | (f) A driver whose driving privileges have been suspended for | |
| 1411 | - | failure to meet the conditions of a citation in another jurisdiction is not | |
| 1412 | - | HEA 1162 — CC 1 34 | |
| 1413 | - | eligible for specialized driving privileges under IC 9-30-16. | |
| 1414 | - | (g) The bureau may not suspend driving privileges under this | |
| 1415 | - | section for a nonmoving traffic offense occurring in another | |
| 1416 | - | jurisdiction. | |
| 1417 | - | SECTION 43. IC 9-30-3-8, AS AMENDED BY P.L.211-2023, | |
| 1418 | - | SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1419 | - | JULY 1, 2024]: Sec. 8. (a) Except as provided in subsection (b), the | |
| 1420 | - | court may issue a warrant for the arrest of a defendant who is an | |
| 1421 | - | Indiana resident who: | |
| 1422 | - | (1) fails to appear or answer a traffic information and summons | |
| 1423 | - | for a misdemeanor or felony; or | |
| 1424 | - | (2) fails to appear or answer a complaint and summons for a | |
| 1425 | - | misdemeanor or felony served upon the defendant. | |
| 1426 | - | If the warrant is not executed within thirty (30) days after issue, the | |
| 1427 | - | court shall promptly forward the court copy of the traffic information | |
| 1428 | - | and summons or complaint and summons to the bureau indicating that | |
| 1429 | - | the defendant failed to appear in court as ordered. The court shall then | |
| 1430 | - | mark the case as failure to appear on the court's records. | |
| 1431 | - | (b) If a defendant who is not an Indiana resident or a minor who is | |
| 1432 | - | an Indiana resident fails to appear or answer a traffic summons served | |
| 1433 | - | upon the defendant or minor and upon which the information or | |
| 1434 | - | complaint has been filed thirty (30) days after the return date of the | |
| 1435 | - | information and summons or complaint and summons, the court shall | |
| 1436 | - | promptly forward the court copy of the traffic information and | |
| 1437 | - | summons or complaint and summons to the bureau. If the defendant is | |
| 1438 | - | a nonresident, the bureau shall notify the motor vehicle commission of | |
| 1439 | - | the state of the nonresident defendant of the defendant's failure to | |
| 1440 | - | appear and also of any action taken by the bureau relative to the | |
| 1441 | - | Indiana driving privileges of the defendant. If the defendant or minor | |
| 1442 | - | fails to appear or otherwise answer within thirty (30) days, the court | |
| 1443 | - | shall mark the case as failure to appear on the court's records. | |
| 1444 | - | (c) The court may suspend the driving privileges of a defendant who | |
| 1445 | - | fails to satisfy a judgment entered against the defendant for: | |
| 1446 | - | (1) commission of a moving traffic offense as defined by | |
| 1447 | - | IC 9-13-2-110; or | |
| 1448 | - | (2) commission of a traffic infraction listed in 140 IAC 1-4.5-10; | |
| 1449 | - | for a period of three (3) years from the date set by the court under | |
| 1450 | - | IC 34-28-5-6. The court shall forward notice to the bureau indicating | |
| 1451 | - | that the defendant failed to pay as ordered. | |
| 1452 | - | (d) If the bureau receives a copy of the traffic information and | |
| 1453 | - | summons or complaint under subsection (a) or a notice of failure to pay | |
| 1454 | - | under subsection (c), either on a form prescribed by the bureau or in an | |
| 1455 | - | HEA 1162 — CC 1 35 | |
| 1456 | - | electronic format prescribed by the office of judicial administration, the | |
| 1457 | - | bureau shall suspend the driving privileges of the defendant until: | |
| 1458 | - | (1) the defendant appears in court; | |
| 1459 | - | (2) the case has been disposed of; | |
| 1460 | - | (3) payment is received by the court; or | |
| 1461 | - | (4) three (3) years from a date set by the court under subsection | |
| 1462 | - | (c). | |
| 1463 | - | The order of suspension may be served upon the defendant by mailing | |
| 1464 | - | the order by first class mail to the defendant at the last address shown | |
| 1465 | - | for the defendant or minor in the records of the bureau or by sending | |
| 1466 | - | the order electronically if the defendant has indicated a preference | |
| 1467 | - | for receiving notices from the bureau electronically. A suspension | |
| 1468 | - | under this section begins thirty (30) days after the date the notice of | |
| 1469 | - | suspension is mailed or sent electronically by the bureau to the | |
| 1470 | - | defendant. | |
| 1471 | - | (e) For nonresidents of Indiana or a minor resident of Indiana under | |
| 1472 | - | subsection (b), the order of suspension shall be mailed to the defendant | |
| 1473 | - | or minor at the address given to the arresting officer or the clerk of | |
| 1474 | - | court by the defendant or minor as shown by the traffic information or | |
| 1475 | - | complaint. A copy of the order shall also be sent to the motor vehicle | |
| 1476 | - | bureau of the state of the nonresident defendant and the bureau. If: | |
| 1477 | - | (1) the defendant's or minor's failure to appear in court has been | |
| 1478 | - | certified to the bureau under this chapter; and | |
| 1479 | - | (2) the defendant or minor subsequently appears in court to | |
| 1480 | - | answer the charges against the defendant or minor; | |
| 1481 | - | the court shall proceed to hear and determine the case in the same | |
| 1482 | - | manner as other cases pending in the court. Upon final determination | |
| 1483 | - | of the case, the court shall notify the bureau of the determination either | |
| 1484 | - | in an electronic format or upon forms prescribed by the bureau. The | |
| 1485 | - | notification shall be made by the court within ten (10) days after the | |
| 1486 | - | final determination of the case, and information from the original copy | |
| 1487 | - | of the traffic information and summons or complaint and summons | |
| 1488 | - | must accompany the notification. | |
| 1489 | - | (f) If the bureau receives notice that a defendant or minor failed to | |
| 1490 | - | appear under subsection (b), the bureau shall suspend the defendant's | |
| 1491 | - | or minor's Indiana driving privileges until either: | |
| 1492 | - | (1) the defendant or minor appears in court to answer for the | |
| 1493 | - | charges against the defendant or minor; or | |
| 1494 | - | (2) the case is disposed of. | |
| 1495 | - | (g) This section does not preclude preliminary proceedings under | |
| 1496 | - | IC 35-33. | |
| 1497 | - | SECTION 44. IC 9-30-4-6.1, AS ADDED BY P.L.198-2016, | |
| 1498 | - | HEA 1162 — CC 1 36 | |
| 2467 | + | applicant's ineligibility to be issued a Social Security number.". | |
| 2468 | + | Page 23, delete lines 16 through 42, begin a new paragraph and | |
| 2469 | + | insert: | |
| 2470 | + | "SECTION 36. IC 9-30-4-6.1, AS ADDED BY P.L.198-2016, | |
| 1499 | 2471 | SECTION 598, IS AMENDED TO READ AS FOLLOWS | |
| 1500 | 2472 | [EFFECTIVE JULY 1, 2024]: Sec. 6.1. (a) The bureau shall suspend | |
| 1501 | 2473 | or revoke the current driver's license or driving privileges and all | |
| 1502 | 2474 | certificates of registration and proof of registration issued to or | |
| 1503 | 2475 | registered in the name of an individual who is convicted of any of the | |
| 1504 | 2476 | following: | |
| 1505 | 2477 | (1) Manslaughter or reckless homicide resulting from the | |
| 1506 | 2478 | operation of a motor vehicle. | |
| 1507 | 2479 | (2) Knowingly making a false application, or committing perjury | |
| 1508 | 2480 | with respect to an application made, under: | |
| 1509 | 2481 | (A) this chapter; or | |
| 1510 | 2482 | (B) any other law requiring the registration of motor vehicles | |
| 1511 | 2483 | or regulating motor vehicle operation on highways. | |
| 1512 | 2484 | (3) Three (3) charges of criminal recklessness involving the use | |
| 1513 | 2485 | of a motor vehicle within the preceding twelve (12) months. | |
| 1514 | 2486 | (4) Failure to stop and give information or assistance or failure to | |
| 1515 | 2487 | stop and disclose the individual's identity at the scene of an | |
| 1516 | 2488 | accident that has resulted in death, personal injury, or property | |
| 1517 | 2489 | damage in excess of two hundred dollars ($200). | |
| 1518 | 2490 | However, and unless otherwise required by law, the bureau may not | |
| 1519 | 2491 | suspend a certificate of registration or proof of registration if the | |
| 1520 | 2492 | individual gives and maintains, during the three (3) years following the | |
| 1521 | 2493 | date of suspension or revocation, proof of financial responsibility in the | |
| 1522 | 2494 | future in the manner specified in this section. | |
| 1523 | 2495 | (b) The bureau shall suspend a driver's license or driving privileges | |
| 1524 | 2496 | of an individual upon conviction in another jurisdiction for the | |
| 1525 | 2497 | following: | |
| 1526 | 2498 | (1) Manslaughter or reckless homicide resulting from the | |
| 2499 | + | EH 1162—LS 6594/DI 137 59 | |
| 1527 | 2500 | operation of a motor vehicle. | |
| 1528 | 2501 | (2) Knowingly making a false application, or committing perjury | |
| 1529 | 2502 | with respect to an application made, under: | |
| 1530 | 2503 | (A) this chapter; or | |
| 1531 | 2504 | (B) any other law requiring the registration of motor vehicles | |
| 1532 | 2505 | or regulating motor vehicle operation on highways. | |
| 1533 | 2506 | (3) Three (3) charges of criminal recklessness involving the use | |
| 1534 | 2507 | of a motor vehicle within the preceding twelve (12) months. | |
| 1535 | 2508 | (4) Failure to stop and give information or assistance or failure to | |
| 1536 | 2509 | stop and disclose the individual's identity at the scene of an | |
| 1537 | 2510 | accident that has resulted in death, personal injury, or property | |
| 1538 | 2511 | damage in excess of two hundred dollars ($200). | |
| 1539 | 2512 | However, if property damage under subdivision (4) is equal to or less | |
| 1540 | 2513 | than two hundred dollars ($200), the bureau may determine whether | |
| 1541 | - | HEA 1162 — CC 1 37 | |
| 1542 | 2514 | the driver's license or driving privileges and certificates of registration | |
| 1543 | 2515 | and proof of registration shall be suspended or revoked. | |
| 1544 | 2516 | (c) An individual whose driving privileges are suspended under this | |
| 1545 | 2517 | chapter is eligible for specialized driving privileges under IC 9-30-16. | |
| 1546 | 2518 | (d) A suspension or revocation remains in effect and a new or | |
| 1547 | 2519 | renewal license may not be issued to the individual and a motor vehicle | |
| 1548 | 2520 | may not be registered in the name of the individual as follows: | |
| 1549 | 2521 | (1) Except as provided in subdivision (2), for six (6) months after | |
| 1550 | 2522 | the date of conviction or on the date on which the individual is | |
| 1551 | 2523 | otherwise eligible for a license, whichever is later. | |
| 1552 | 2524 | (2) Upon conviction of an offense described in subsection (a)(1), | |
| 1553 | 2525 | (a)(4), (b)(1), or (b)(4), when the accident has resulted in death, | |
| 1554 | 2526 | for a fixed period of at least two (2) years and not more than five | |
| 1555 | 2527 | (5) years, to be fixed by the bureau based upon recommendation | |
| 1556 | 2528 | of the court entering a conviction. A new or reinstated driver's | |
| 1557 | 2529 | license or driving privileges may not be issued to the individual | |
| 1558 | 2530 | unless that individual, within the three (3) years following the | |
| 1559 | 2531 | expiration of the suspension or revocation, gives and maintains in | |
| 1560 | 2532 | force at all times during the effective period of a new or reinstated | |
| 1561 | 2533 | license proof of financial responsibility in the future in the | |
| 1562 | 2534 | manner specified in this chapter. However, the liability of the | |
| 1563 | 2535 | insurance carrier under a motor vehicle liability policy that is | |
| 1564 | 2536 | furnished for proof of financial responsibility in the future as set | |
| 1565 | 2537 | out in this chapter becomes absolute whenever loss or damage | |
| 1566 | 2538 | covered by the policy occurs, and the satisfaction by the insured | |
| 1567 | 2539 | of a final judgment for loss or damage is not a condition precedent | |
| 1568 | 2540 | to the right or obligation of the carrier to make payment on | |
| 1569 | 2541 | account of loss or damage, but the insurance carrier has the right | |
| 2542 | + | EH 1162—LS 6594/DI 137 60 | |
| 1570 | 2543 | to settle a claim covered by the policy. If the settlement is made | |
| 1571 | 2544 | in good faith, the amount must be deducted from the limits of | |
| 1572 | 2545 | liability specified in the policy. A policy may not be canceled or | |
| 1573 | 2546 | annulled with respect to a loss or damage by an agreement | |
| 1574 | 2547 | between the carrier and the insured after the insured has become | |
| 1575 | 2548 | responsible for the loss or damage, and a cancellation or | |
| 1576 | 2549 | annulment is void. The policy may provide that the insured or any | |
| 1577 | 2550 | other person covered by the policy shall reimburse the insurance | |
| 1578 | 2551 | carrier for payment made on account of any loss or damage claim | |
| 1579 | 2552 | or suit involving a breach of the terms, provisions, or conditions | |
| 1580 | 2553 | of the policy. If the policy provides for limits that exceed the | |
| 1581 | 2554 | limits specified in this chapter, the insurance carrier may plead | |
| 1582 | 2555 | against any plaintiff, with respect to the amount of the excess | |
| 1583 | 2556 | limits of liability, any defenses that the carrier may be entitled to | |
| 1584 | - | HEA 1162 — CC 1 38 | |
| 1585 | 2557 | plead against the insured. The policy may further provide for | |
| 1586 | 2558 | prorating of the insurance with other applicable valid and | |
| 1587 | 2559 | collectible insurance. An action does not lie against the insurance | |
| 1588 | 2560 | carrier by or on behalf of any claimant under the policy until a | |
| 1589 | 2561 | final judgment has been obtained after actual trial by or on behalf | |
| 1590 | 2562 | of any claimant under the policy. | |
| 1591 | 2563 | (e) The bureau may take action as required in this section upon | |
| 1592 | 2564 | receiving satisfactory evidence of a conviction of an individual in | |
| 1593 | 2565 | another state. | |
| 1594 | 2566 | (f) A suspension or revocation under this section or IC 9-30-13-0.5 | |
| 1595 | 2567 | stands pending appeal of the conviction to a higher court and may be | |
| 1596 | 2568 | set aside or modified only upon the receipt by the bureau of the | |
| 1597 | 2569 | certificate of the court reversing or modifying the judgment that the | |
| 1598 | 2570 | cause has been reversed or modified. However, if the suspension or | |
| 1599 | 2571 | revocation follows a conviction in a court of no record in Indiana, the | |
| 1600 | 2572 | suspension or revocation is stayed pending appeal of the conviction to | |
| 1601 | 2573 | a court of record. | |
| 1602 | 2574 | (g) A person aggrieved by an order or act of the bureau under this | |
| 1603 | 2575 | section or IC 9-30-13-0.5 may file a petition for a court review. | |
| 1604 | 2576 | (h) An entry in the driving record of a defendant stating that notice | |
| 1605 | 2577 | of suspension or revocation was mailed by the bureau, or sent | |
| 1606 | 2578 | electronically if the defendant has indicated a preference for | |
| 1607 | 2579 | receiving notices from the bureau electronically, to the defendant | |
| 1608 | 2580 | constitutes prima facie evidence that the notice was mailed to the | |
| 1609 | - | defendant's address as shown in the records of the bureau. | |
| 1610 | - | SECTION 45. IC 9-30-4-13, AS AMENDED BY P.L.125-2012, | |
| 1611 | - | SECTION 334, IS AMENDED TO READ AS FOLLOWS | |
| 1612 | - | [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) Whenever the bureau is | |
| 1613 | - | authorized or required to give notice under this chapter or any other | |
| 1614 | - | law regulating the operation of vehicles, unless a different method of | |
| 1615 | - | giving notice is otherwise expressly prescribed, the notice may be | |
| 1616 | - | given either by personal delivery to the person to be notified, or by | |
| 1617 | - | deposit with the United States Postal Service of the notice by first class | |
| 1618 | - | mail, or sent electronically if the person has indicated a preference | |
| 1619 | - | for receiving notices from the bureau electronically. | |
| 1620 | - | (b) A person who, after notification, fails to return or surrender to | |
| 1621 | - | the bureau upon demand a suspended, revoked, or invalidated driver's | |
| 1622 | - | license, permit, certificate of registration, or license plate commits a | |
| 1623 | - | Class C misdemeanor. The bureau may file with the prosecuting | |
| 1624 | - | attorney of the county in which the person resides an affidavit charging | |
| 1625 | - | the person with the offense. | |
| 1626 | - | SECTION 46. IC 9-30-6-8.5, AS AMENDED BY P.L.149-2015, | |
| 1627 | - | HEA 1162 — CC 1 39 | |
| 1628 | - | SECTION 103, IS AMENDED TO READ AS FOLLOWS | |
| 1629 | - | [EFFECTIVE JULY 1, 2024]: Sec. 8.5. If the bureau receives an order | |
| 1630 | - | recommending use of an ignition interlock device under section 8(d) | |
| 1631 | - | of this chapter, the bureau shall immediately do the following: | |
| 1632 | - | (1) Mail notice to the person's address contained in the records of | |
| 1633 | - | the bureau, or send notice electronically if the person has | |
| 1634 | - | indicated a preference for receiving notices from the bureau | |
| 1635 | - | electronically, stating that the person may not operate a motor | |
| 1636 | - | vehicle unless the motor vehicle is equipped with a functioning | |
| 1637 | - | certified ignition interlock device under IC 9-30-8 commencing: | |
| 1638 | - | (A) five (5) days after the date of the notice; or | |
| 1639 | - | (B) on the date the court enters an order recommending use of | |
| 1640 | - | an ignition interlock device; | |
| 1641 | - | whichever occurs first. | |
| 1642 | - | (2) Notify the person of the right to a judicial review under | |
| 1643 | - | section 10 of this chapter. | |
| 1644 | - | SECTION 47. IC 9-30-6-9, AS AMENDED BY P.L.188-2015, | |
| 1645 | - | SECTION 111, IS AMENDED TO READ AS FOLLOWS | |
| 1646 | - | [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) This section does not apply | |
| 1647 | - | if an ignition interlock device order is issued under section 8(d) of this | |
| 1648 | - | chapter. | |
| 1649 | - | (b) If the affidavit under section 8(b) of this chapter states that a | |
| 1650 | - | person refused to submit to a chemical test, the bureau shall suspend | |
| 1651 | - | the driving privileges of the person: | |
| 1652 | - | (1) for: | |
| 1653 | - | (A) one (1) year; or | |
| 1654 | - | (B) if the person has at least one (1) previous conviction for | |
| 1655 | - | operating while intoxicated, two (2) years; or | |
| 1656 | - | (2) until the suspension is ordered terminated under IC 9-30-5. | |
| 1657 | - | (c) If the affidavit under section 8(b) of this chapter states that a | |
| 1658 | - | chemical test resulted in prima facie evidence that a person was | |
| 1659 | - | intoxicated, the bureau shall suspend the driving privileges of the | |
| 1660 | - | person: | |
| 1661 | - | (1) for one hundred eighty (180) days; or | |
| 1662 | - | (2) until the bureau is notified by a court that the charges have | |
| 1663 | - | been disposed of; | |
| 1664 | - | whichever occurs first. | |
| 1665 | - | (d) Whenever the bureau is required to suspend a person's driving | |
| 1666 | - | privileges under this section, the bureau shall immediately do the | |
| 1667 | - | following: | |
| 1668 | - | (1) Mail notice to the person's address contained in the records of | |
| 1669 | - | the bureau, or send the notice electronically if the person has | |
| 1670 | - | HEA 1162 — CC 1 40 | |
| 1671 | - | indicated a preference for receiving notices from the bureau | |
| 1672 | - | electronically, stating that the person's driving privileges will be | |
| 1673 | - | suspended for a specified period, commencing: | |
| 1674 | - | (A) seven (7) days after the date of the notice; or | |
| 1675 | - | (B) on the date the court enters an order recommending | |
| 1676 | - | suspension of the person's driving privileges under section 8(c) | |
| 1677 | - | of this chapter; | |
| 1678 | - | whichever occurs first. | |
| 1679 | - | (2) Notify the person of the right to a judicial review under | |
| 1680 | - | section 10 of this chapter. | |
| 1681 | - | SECTION 48. IC 9-30-10-5, AS AMENDED BY P.L.188-2015, | |
| 1682 | - | SECTION 114, IS AMENDED TO READ AS FOLLOWS | |
| 1683 | - | [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) If it appears from the records | |
| 1684 | - | maintained by the bureau that a person's driving record makes the | |
| 1685 | - | person a habitual violator under section 4 of this chapter and a court | |
| 1686 | - | has not already found the person to be a habitual violator under section | |
| 1687 | - | 6.5 of this chapter based on the same underlying violations, the bureau | |
| 1688 | - | shall mail a notice to the person's last known address, or send the | |
| 1689 | - | notice electronically if the person has indicated a preference for | |
| 1690 | - | receiving notices from the bureau electronically, that informs the | |
| 1691 | - | person that the person's driving privileges will be suspended in thirty | |
| 1692 | - | (30) days because the person is a habitual violator according to the | |
| 1693 | - | records of the bureau. | |
| 1694 | - | (b) Thirty (30) days after the bureau has mailed a notice under this | |
| 1695 | - | section, the bureau shall suspend the person's driving privileges for: | |
| 1696 | - | (1) except as provided in subdivision (2), ten (10) years if the | |
| 1697 | - | person is a habitual violator under section 4(a) of this chapter; | |
| 1698 | - | (2) life if the person is a habitual violator under section 4(a) of | |
| 1699 | - | this chapter and has at least two (2) violations under section | |
| 1700 | - | 4(a)(4) through 4(a)(7) of this chapter; | |
| 1701 | - | (3) ten (10) years if the person is a habitual violator under section | |
| 1702 | - | 4(b) of this chapter; or | |
| 1703 | - | (4) five (5) years if the person is a habitual violator under section | |
| 1704 | - | 4(c) of this chapter. | |
| 1705 | - | (c) The notice must inform the person that the person may be | |
| 1706 | - | entitled to relief under IC 9-33-2. | |
| 1707 | - | (d) Notwithstanding subsection (b), if the bureau does not discover | |
| 1708 | - | that a person's driving record makes the person a habitual violator | |
| 1709 | - | under section 4 of this chapter for more than two (2) years after the | |
| 1710 | - | bureau receives the person's final qualifying conviction, the bureau | |
| 1711 | - | shall not suspend the person's driving privileges for any period. | |
| 1712 | - | SECTION 49. IC 9-30-10-16, AS AMENDED BY P.L.188-2015, | |
| 1713 | - | HEA 1162 — CC 1 41 | |
| 1714 | - | SECTION 117, IS AMENDED TO READ AS FOLLOWS | |
| 1715 | - | [EFFECTIVE JULY 1, 2024]: Sec. 16. (a) A person who operates a | |
| 1716 | - | motor vehicle: | |
| 1717 | - | (1) while the person's driving privileges are validly suspended | |
| 1718 | - | under this chapter or IC 9-12-2 (repealed July 1, 1991) and the | |
| 1719 | - | person knows that the person's driving privileges are suspended; | |
| 1720 | - | or | |
| 1721 | - | (2) in violation of restrictions imposed under this chapter or | |
| 1722 | - | IC 9-12-2 (repealed July 1, 1991) and who knows of the existence | |
| 1723 | - | of the restrictions; | |
| 1724 | - | commits a Level 6 felony. | |
| 1725 | - | (b) Service by the bureau of notice of the suspension or restriction | |
| 1726 | - | of a person's driving privileges under subsection (a)(1) or (a)(2): | |
| 1727 | - | (1) in compliance with section 5 of this chapter; and | |
| 1728 | - | (2) by first class mail, or electronically if the person has | |
| 1729 | - | indicated a preference for receiving notices from the bureau | |
| 1730 | - | electronically, to the person at the last address shown for the | |
| 1731 | - | person in the bureau's records; | |
| 1732 | - | establishes a rebuttable presumption that the person knows that the | |
| 1733 | - | person's driving privileges are suspended or restricted. | |
| 1734 | - | SECTION 50. IC 9-30-13-6, AS AMENDED BY P.L.217-2014, | |
| 1735 | - | SECTION 150, IS AMENDED TO READ AS FOLLOWS | |
| 1736 | - | [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The bureau shall, upon | |
| 1737 | - | receiving an order of a court issued under IC 31-16-12-7 (or | |
| 1738 | - | IC 31-14-12-4 before its repeal), suspend the driving privileges of the | |
| 1739 | - | person who is the subject of the order. | |
| 1740 | - | (b) The bureau may not reinstate driving privileges suspended under | |
| 1741 | - | this section until the bureau receives an order allowing reinstatement | |
| 1742 | - | from the court that issued the order for suspension. | |
| 1743 | - | (c) Upon receiving an order for suspension under subsection (a), the | |
| 1744 | - | bureau shall promptly mail a notice to the last known address of the | |
| 1745 | - | person who is the subject of the order, or send the notice | |
| 1746 | - | electronically if the person has indicated a preference for receiving | |
| 1747 | - | notices from the bureau electronically, stating the following: | |
| 1748 | - | (1) That the person's driving privileges are suspended, beginning | |
| 1749 | - | eighteen (18) business days after the date the notice is mailed, and | |
| 1750 | - | that the suspension will terminate ten (10) business days after the | |
| 1751 | - | bureau receives an order allowing reinstatement from the court | |
| 1752 | - | that issued the suspension order. | |
| 1753 | - | (2) That the person has the right to petition for reinstatement of | |
| 1754 | - | driving privileges to the court that issued the order for suspension. | |
| 1755 | - | (d) A person who operates a motor vehicle in violation of this | |
| 1756 | - | HEA 1162 — CC 1 42 | |
| 1757 | - | section commits a Class A infraction, unless: | |
| 1758 | - | (1) the person's driving privileges are suspended under this | |
| 1759 | - | section; and | |
| 1760 | - | (2) the person has been granted specialized driving privileges | |
| 1761 | - | under IC 9-30-16 as a result of the suspension under this section. | |
| 1762 | - | SECTION 51. IC 9-30-13-8, AS AMENDED BY P.L.217-2014, | |
| 1763 | - | SECTION 152, IS AMENDED TO READ AS FOLLOWS | |
| 1764 | - | [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) Upon receiving an order | |
| 1765 | - | issued by a court under IC 35-43-4-8(b) concerning a person convicted | |
| 1766 | - | of fuel theft, the bureau shall do the following: | |
| 1767 | - | (1) Suspend under subsection (b) the driving privileges of the | |
| 1768 | - | person who is the subject of the order, whether or not the person's | |
| 1769 | - | current driver's license accompanies the order. | |
| 1770 | - | (2) Mail to the last known address of the person who is the subject | |
| 1771 | - | of the order, or send electronically if the person has indicated | |
| 1772 | - | a preference for receiving notices from the bureau | |
| 1773 | - | electronically, a notice: | |
| 1774 | - | (A) stating that the person's driving privileges are being | |
| 1775 | - | suspended for fuel theft; | |
| 1776 | - | (B) setting forth the date on which the suspension takes effect | |
| 1777 | - | and the date on which the suspension terminates; and | |
| 1778 | - | (C) stating that the person may be granted specialized driving | |
| 1779 | - | privileges under IC 9-30-16 if the person meets the conditions | |
| 1780 | - | for obtaining specialized driving privileges. | |
| 1781 | - | (b) The suspension of the driving privileges of a person who is the | |
| 1782 | - | subject of an order issued under IC 35-43-4-8(b): | |
| 1783 | - | (1) begins five (5) business days after the date on which the | |
| 1784 | - | bureau mails the notice to the person under subsection (a)(2); and | |
| 1785 | - | (2) terminates thirty (30) days after the suspension begins. | |
| 1786 | - | (c) A person who operates a motor vehicle during a suspension of | |
| 1787 | - | the person's driving privileges under this section commits a Class A | |
| 1788 | - | infraction unless the person's operation of the motor vehicle is | |
| 1789 | - | authorized by specialized driving privileges granted to the person under | |
| 1790 | - | IC 9-30-16. | |
| 1791 | - | (d) The bureau shall, upon receiving a record of conviction of a | |
| 1792 | - | person upon a charge of driving a motor vehicle while the driving | |
| 1793 | - | privileges, permit, or license of the person is suspended, fix the period | |
| 1794 | - | of suspension in accordance with the order of the court. | |
| 1795 | - | SECTION 52. IC 9-30-13-9, AS ADDED BY P.L.41-2016, | |
| 1796 | - | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1797 | - | JULY 1, 2024]: Sec. 9. (a) Upon receiving an order issued by a court | |
| 1798 | - | under IC 9-21-5-11(f) concerning a person who has committed the | |
| 1799 | - | HEA 1162 — CC 1 43 | |
| 1800 | - | infraction of violating a worksite speed limit for the second time within | |
| 1801 | - | one (1) year, the bureau shall do the following: | |
| 1802 | - | (1) Suspend under subsection (b) the driving privileges of the | |
| 1803 | - | person who is the subject of the order, whether or not the person's | |
| 1804 | - | current driver's license accompanies the order. | |
| 1805 | - | (2) Mail to the last known address of the person who is the subject | |
| 1806 | - | of the order, or send electronically if the person has indicated | |
| 1807 | - | a preference for receiving notices from the bureau | |
| 1808 | - | electronically, a notice: | |
| 1809 | - | (A) stating that the person's driving privileges are being | |
| 1810 | - | suspended for a second or subsequent offense of exceeding a | |
| 1811 | - | worksite speed limit within one (1) year; | |
| 1812 | - | (B) setting forth the date on which the suspension takes effect | |
| 1813 | - | and the date on which the suspension terminates; and | |
| 1814 | - | (C) stating that the person may be granted specialized driving | |
| 1815 | - | privileges under IC 9-30-16 if the person meets the conditions | |
| 1816 | - | for obtaining specialized driving privileges. | |
| 1817 | - | (b) The suspension of the driving privileges of a person who is the | |
| 1818 | - | subject of an order issued under IC 9-21-5-11(f): | |
| 1819 | - | (1) begins five (5) business days after the date on which the | |
| 1820 | - | bureau mails the notice to the person under subsection (a)(2); and | |
| 1821 | - | (2) terminates sixty (60) days after the suspension begins. | |
| 1822 | - | (c) A person who operates a motor vehicle during a suspension of | |
| 1823 | - | the person's driving privileges under this section commits a Class A | |
| 1824 | - | infraction unless the person's operation of the motor vehicle is | |
| 1825 | - | authorized by specialized driving privileges granted to the person under | |
| 1826 | - | IC 9-30-16. | |
| 1827 | - | (d) The bureau shall, upon receiving a record of conviction of a | |
| 1828 | - | person upon a charge of driving a motor vehicle while the driving | |
| 1829 | - | privileges, permit, or license of the person is suspended, fix the period | |
| 1830 | - | of suspension in accordance with the order of the court. | |
| 1831 | - | SECTION 53. IC 9-33-3-1, AS ADDED BY P.L.198-2016, | |
| 1832 | - | SECTION 632, IS AMENDED TO READ AS FOLLOWS | |
| 1833 | - | [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) This section applies if: | |
| 1834 | - | (1) the bureau charges a person a fee in an amount greater than | |
| 1835 | - | required by law and the person pays the fee; | |
| 1836 | - | (2) the bureau charges a person a fee in error and the person pays | |
| 1837 | - | the fee; or | |
| 1838 | - | (3) a person pays a fee in error to the bureau. | |
| 1839 | - | (b) A person described in subsection (a) may file a claim for a | |
| 1840 | - | refund with the bureau on a form furnished by the bureau. The claim | |
| 1841 | - | must: | |
| 1842 | - | HEA 1162 — CC 1 44 | |
| 1843 | - | (1) be filed within three (3) years after the date on which the | |
| 1844 | - | person pays the fee; | |
| 1845 | - | (2) set forth the amount of the refund that the person is claiming; | |
| 1846 | - | (3) set forth the reasons the person is claiming the refund; and | |
| 1847 | - | (4) include any documentation supporting the claim. | |
| 1848 | - | (c) After considering the claim and all evidence relevant to the | |
| 1849 | - | claim, the bureau shall issue a decision on the claim, stating the part, | |
| 1850 | - | if any, of the refund allowed and containing a statement of the reasons | |
| 1851 | - | for any part of the refund that is denied. The bureau shall mail, or send | |
| 1852 | - | electronically if the claimant has indicated a preference for | |
| 1853 | - | receiving notices from the bureau electronically, a copy of the | |
| 1854 | - | decision to the claimant. However, if the bureau allows the full refund | |
| 1855 | - | claimed, a warrant for the payment of the claim is sufficient notice of | |
| 1856 | - | the decision. | |
| 1857 | - | (d) If a person disagrees with all or part of the bureau's decision, the | |
| 1858 | - | person may file a petition under IC 9-33-2-3. | |
| 1859 | - | SECTION 54. IC 34-30-35 IS ADDED TO THE INDIANA CODE | |
| 1860 | - | AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE | |
| 1861 | - | JULY 1, 2024]: | |
| 1862 | - | Chapter 35. Liability Connected With the Absence of Optional | |
| 1863 | - | Equipment | |
| 1864 | - | Sec. 1. This chapter applies only to an action in tort. | |
| 1865 | - | Sec. 2. As used in this chapter, "commercial motor vehicle" | |
| 1866 | - | means a motor vehicle that is used for commercial purposes in | |
| 1867 | - | interstate or intrastate commerce to transport property or | |
| 1868 | - | passengers, deliver or transport goods, or provide services. | |
| 1869 | - | Sec. 3. As used in this chapter, "optional equipment" means | |
| 1870 | - | equipment or a component part of a commercial motor vehicle | |
| 1871 | - | that: | |
| 1872 | - | (1) was not required to be installed or equipped on the | |
| 1873 | - | commercial motor vehicle under 49 CFR Part 571 (Federal | |
| 1874 | - | Motor Vehicle Safety Standards) at the time the commercial | |
| 1875 | - | motor vehicle was manufactured or first sold, whichever is | |
| 1876 | - | later; and | |
| 1877 | - | (2) was not required to be installed or equipped on the | |
| 1878 | - | commercial motor vehicle by a law or regulation issued after | |
| 1879 | - | the commercial motor vehicle was manufactured or first sold. | |
| 1880 | - | Sec. 4. As used in this chapter, "person" means an individual, a | |
| 1881 | - | corporation, a limited liability company, a partnership, an | |
| 1882 | - | unincorporated association, or a sole proprietorship. | |
| 1883 | - | Sec. 5. (a) Except as provided in subsection (b): | |
| 1884 | - | (1) an owner, lessor, or operator of a commercial motor | |
| 1885 | - | HEA 1162 — CC 1 45 | |
| 1886 | - | vehicle; or | |
| 1887 | - | (2) a person renting or leasing the commercial motor vehicle | |
| 1888 | - | to another person; | |
| 1889 | - | is not civilly liable for a claim asserting that the person described | |
| 1890 | - | in subdivisions (1) through (2) has an obligation or duty to install | |
| 1891 | - | or equip optional equipment on a commercial motor vehicle. | |
| 1892 | - | (b) The immunity described in subsection (a) does not apply if | |
| 1893 | - | the person described in subsection (a)(1) or (a)(2) fails to comply | |
| 1894 | - | with a law, rule, or regulation issued after the commercial motor | |
| 1895 | - | vehicle involved in an accident was manufactured or first sold that | |
| 1896 | - | requires a mandatory retrofit or recall of the commercial motor | |
| 1897 | - | vehicle to install or equip optional equipment. | |
| 1898 | - | Sec. 6. Evidence relating to the failure to install or equip | |
| 1899 | - | optional equipment on a commercial motor vehicle is inadmissible | |
| 1900 | - | as evidence unless the immunity under section 5 of this chapter | |
| 1901 | - | does not apply. | |
| 1902 | - | SECTION 55. IC 35-44.1-3-1, AS AMENDED BY P.L.174-2021, | |
| 2581 | + | defendant's address as shown in the records of the bureau.". | |
| 2582 | + | Delete page 24. | |
| 2583 | + | Page 25, delete lines 1 through 41. | |
| 2584 | + | Page 31, after line 32, begin a new paragraph and insert: | |
| 2585 | + | EH 1162—LS 6594/DI 137 61 | |
| 2586 | + | "SECTION 46. IC 35-44.1-3-1, AS AMENDED BY P.L.174-2021, | |
| 1903 | 2587 | SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1904 | 2588 | JULY 1, 2024]: Sec. 1. (a) A person who knowingly or intentionally: | |
| 1905 | 2589 | (1) forcibly resists, obstructs, or interferes with a law enforcement | |
| 1906 | 2590 | officer or a person assisting the officer while the officer is | |
| 1907 | 2591 | lawfully engaged in the execution of the officer's duties; | |
| 1908 | 2592 | (2) forcibly resists, obstructs, or interferes with the authorized | |
| 1909 | 2593 | service or execution of a civil or criminal process or order of a | |
| 1910 | 2594 | court; or | |
| 1911 | 2595 | (3) flees from a law enforcement officer after the officer has, by | |
| 1912 | 2596 | visible or audible means, including operation of the law | |
| 1913 | 2597 | enforcement officer's siren or emergency lights, identified himself | |
| 1914 | 2598 | or herself and ordered the person to stop; | |
| 1915 | 2599 | commits resisting law enforcement, a Class A misdemeanor, except as | |
| 1916 | 2600 | provided in subsection (c). | |
| 1917 | 2601 | (b) A person who, having been denied entry by a firefighter, an | |
| 1918 | 2602 | emergency medical services provider, or a law enforcement officer, | |
| 1919 | 2603 | knowingly or intentionally enters an area that is marked off with barrier | |
| 1920 | 2604 | tape or other physical barriers, commits interfering with public safety, | |
| 1921 | 2605 | a Class B misdemeanor, except as provided in subsection (c) or (k). | |
| 1922 | 2606 | (c) The offense under subsection (a) or (b) is a: | |
| 1923 | 2607 | (1) Level 6 felony if: | |
| 1924 | 2608 | (A) the person uses a vehicle to commit the offense; or | |
| 1925 | 2609 | (B) while committing the offense, the person: | |
| 1926 | 2610 | (i) draws or uses a deadly weapon; | |
| 1927 | 2611 | (ii) inflicts bodily injury on or otherwise causes bodily injury | |
| 1928 | - | HEA 1162 — CC 1 46 | |
| 1929 | 2612 | to another person; or | |
| 1930 | 2613 | (iii) operates a vehicle in a manner that creates a substantial | |
| 1931 | 2614 | risk of bodily injury to another person; | |
| 1932 | 2615 | (2) Level 5 felony if: | |
| 1933 | 2616 | (A) while committing the offense, the person operates a | |
| 1934 | 2617 | vehicle in a manner that causes serious bodily injury to another | |
| 1935 | 2618 | person; or | |
| 1936 | 2619 | (B) the person uses a vehicle to commit the offense and the | |
| 1937 | 2620 | person has a prior unrelated conviction under this section | |
| 1938 | 2621 | involving the use of a vehicle in the commission of the | |
| 1939 | 2622 | offense; | |
| 1940 | 2623 | (3) Level 3 felony if, while committing the offense, the person | |
| 1941 | 2624 | operates a vehicle in a manner that causes the death or | |
| 1942 | 2625 | catastrophic injury of another person; and | |
| 1943 | 2626 | (4) Level 2 felony if, while committing any offense described in | |
| 1944 | 2627 | subsection (a), the person operates a vehicle in a manner that | |
| 2628 | + | EH 1162—LS 6594/DI 137 62 | |
| 1945 | 2629 | causes the death or catastrophic injury of a firefighter, an | |
| 1946 | 2630 | emergency medical services provider, or a law enforcement | |
| 1947 | 2631 | officer while the firefighter, emergency medical services provider, | |
| 1948 | 2632 | or law enforcement officer is engaged in the firefighter's, | |
| 1949 | 2633 | emergency medical services provider's, or officer's official duties. | |
| 1950 | 2634 | (d) The offense under subsection (a) is a Level 6 felony if, while | |
| 1951 | 2635 | committing an offense under: | |
| 1952 | 2636 | (1) subsection (a)(1) or (a)(2), the person: | |
| 1953 | 2637 | (A) creates a substantial risk of bodily injury to the person or | |
| 1954 | 2638 | another person; and | |
| 1955 | 2639 | (B) has two (2) or more prior unrelated convictions under | |
| 1956 | 2640 | subsection (a); or | |
| 1957 | 2641 | (2) subsection (a)(3), the person has two (2) or more prior | |
| 1958 | 2642 | unrelated convictions under subsection (a). | |
| 1959 | 2643 | (e) If a person uses a vehicle to commit a felony offense under | |
| 1960 | 2644 | subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal | |
| 1961 | 2645 | penalty imposed for the offense, the court shall impose a minimum | |
| 1962 | 2646 | executed sentence of at least: | |
| 1963 | 2647 | (1) thirty (30) days, if the person does not have a prior unrelated | |
| 1964 | 2648 | conviction under this section; | |
| 1965 | 2649 | (2) one hundred eighty (180) days, if the person has one (1) prior | |
| 1966 | 2650 | unrelated conviction under this section; or | |
| 1967 | 2651 | (3) one (1) year, if the person has two (2) or more prior unrelated | |
| 1968 | 2652 | convictions under this section. | |
| 1969 | 2653 | (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory | |
| 1970 | 2654 | minimum sentence imposed under subsection (e) may not be | |
| 1971 | - | HEA 1162 — CC 1 47 | |
| 1972 | 2655 | suspended. | |
| 1973 | 2656 | (g) If a person is convicted of an offense involving the use of a | |
| 1974 | 2657 | motor vehicle under: | |
| 1975 | 2658 | (1) subsection (c)(1)(A), if the person exceeded the speed limit by | |
| 1976 | 2659 | at least twenty (20) miles per hour while committing the offense; | |
| 1977 | 2660 | (2) subsection (c)(2); or | |
| 1978 | 2661 | (3) subsection (c)(3); | |
| 1979 | 2662 | the court may notify the bureau of motor vehicles to suspend or revoke | |
| 1980 | 2663 | the person's driver's license and all certificates of registration and | |
| 1981 | 2664 | license plates issued or registered in the person's name in accordance | |
| 1982 | 2665 | with IC 9-30-4-6.1(b) for the period described in IC 9-30-4-6.1(d)(1) | |
| 1983 | 2666 | or IC 9-30-4-6.1(d)(2). The court shall inform the bureau whether the | |
| 1984 | 2667 | person has been sentenced to a term of incarceration. At the time of | |
| 1985 | 2668 | conviction, the court may obtain the person's current driver's license | |
| 1986 | 2669 | and return the license to the bureau of motor vehicles. | |
| 1987 | 2670 | (h) A person may not be charged or convicted of a crime under | |
| 2671 | + | EH 1162—LS 6594/DI 137 63 | |
| 1988 | 2672 | subsection (a)(3) if the law enforcement officer is a school resource | |
| 1989 | 2673 | officer acting in the officer's capacity as a school resource officer. | |
| 1990 | 2674 | (i) A person who commits an offense described in subsection (c) | |
| 1991 | 2675 | commits a separate offense for each person whose bodily injury, | |
| 1992 | 2676 | serious bodily injury, catastrophic injury, or death is caused by a | |
| 1993 | 2677 | violation of subsection (c). | |
| 1994 | 2678 | (j) A court may order terms of imprisonment imposed on a person | |
| 1995 | 2679 | convicted of more than one (1) offense described in subsection (c) to | |
| 1996 | 2680 | run consecutively. Consecutive terms of imprisonment imposed under | |
| 1997 | 2681 | this subsection are not subject to the sentencing restrictions set forth in | |
| 1998 | 2682 | IC 35-50-1-2(c) through IC 35-50-1-2(d). | |
| 1999 | 2683 | (k) As used in this subsection, "family member" means a child, | |
| 2000 | 2684 | grandchild, parent, grandparent, or spouse of the person. It is a defense | |
| 2001 | 2685 | to a prosecution under subsection (b) that the person reasonably | |
| 2002 | 2686 | believed that the person's family member: | |
| 2003 | 2687 | (1) was in the marked off area; and | |
| 2004 | 2688 | (2) had suffered bodily injury or was at risk of suffering bodily | |
| 2005 | 2689 | injury; | |
| 2006 | 2690 | if the person is not charged as a defendant in connection with the | |
| 2007 | 2691 | offense, if applicable, that caused the area to be secured by barrier tape | |
| 2008 | 2692 | or other physical barriers. | |
| 2009 | - | SECTION 56. An emergency is declared for this act. | |
| 2010 | - | HEA 1162 — CC 1 Speaker of the House of Representatives | |
| 2011 | - | President of the Senate | |
| 2012 | - | President Pro Tempore | |
| 2013 | - | Governor of the State of Indiana | |
| 2014 | - | Date: Time: | |
| 2015 | - | HEA 1162 — CC 1 | |
| 2693 | + | SECTION 47. An emergency is declared for this act.". | |
| 2694 | + | Renumber all SECTIONS consecutively. | |
| 2695 | + | and when so amended that said bill do pass. | |
| 2696 | + | ||
| 2697 | + | (Reference is to HB 1162 as introduced.) | |
| 2698 | + | PRESSEL | |
| 2699 | + | Committee Vote: yeas 10, nays 0. | |
| 2700 | + | _____ | |
| 2701 | + | COMMITTEE REPORT | |
| 2702 | + | Madam President: The Senate Committee on Homeland Security | |
| 2703 | + | and Transportation, to which was referred House Bill No. 1162, has | |
| 2704 | + | had the same under consideration and begs leave to report the same | |
| 2705 | + | back to the Senate with the recommendation that said bill be | |
| 2706 | + | AMENDED as follows: | |
| 2707 | + | Page 6, between lines 1 and 2, begin a new paragraph and insert: | |
| 2708 | + | "SECTION 8. IC 9-13-2-177.3, AS AMENDED BY P.L.198-2016, | |
| 2709 | + | EH 1162—LS 6594/DI 137 64 | |
| 2710 | + | SECTION 171, IS AMENDED TO READ AS FOLLOWS | |
| 2711 | + | [EFFECTIVE JULY 1, 2024]: Sec. 177.3. (a) "Telecommunications | |
| 2712 | + | device", for purposes of IC 9-21-8, IC 9-25-4-7, IC 9-24-11-3.3 (before | |
| 2713 | + | its repeal), and IC 9-24-11-3.7, means an electronic or digital | |
| 2714 | + | telecommunications device. The term includes a: the following: | |
| 2715 | + | (1) A wireless telephone, personal digital assistant, pager, or | |
| 2716 | + | text messaging device that is intended for handheld use. | |
| 2717 | + | (2) personal digital assistant; | |
| 2718 | + | (3) pager; or | |
| 2719 | + | (4) text messaging device. | |
| 2720 | + | (2) A wearable device that blocks, in whole or in part, the field | |
| 2721 | + | of vision of the person wearing the device. | |
| 2722 | + | (b) The term does not include: | |
| 2723 | + | (1) amateur radio equipment that is being operated by a person | |
| 2724 | + | licensed as an amateur radio operator by the Federal | |
| 2725 | + | Communications Commission under 47 CFR Part 97; or | |
| 2726 | + | (2) a communications system installed in a commercial motor | |
| 2727 | + | vehicle weighing more than ten thousand (10,000) pounds. | |
| 2728 | + | SECTION 9. IC 9-14-8-2, AS ADDED BY P.L.198-2016, | |
| 2729 | + | SECTION 188, IS AMENDED TO READ AS FOLLOWS | |
| 2730 | + | [EFFECTIVE JULY 1, 2024]: Sec. 2. The bureau shall do the | |
| 2731 | + | following: | |
| 2732 | + | (1) Prescribe and provide all forms necessary to carry out any | |
| 2733 | + | laws or rules administered and enforced by the bureau. Each | |
| 2734 | + | form must state the law or rule making the form necessary. | |
| 2735 | + | (2) Maintain records under IC 9-14-12. | |
| 2736 | + | (3) At the close of the calendar year, make a final settlement for | |
| 2737 | + | all the money in accounts administered by the bureau and make | |
| 2738 | + | any necessary adjustments to meet the intent of IC 8-14-2.". | |
| 2739 | + | Page 6, between lines 35 and 36, begin a new paragraph and insert: | |
| 2740 | + | "SECTION 9. IC 9-17-2-14.5, AS AMENDED BY P.L.27-2018, | |
| 2741 | + | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 2742 | + | JULY 1, 2024]: Sec. 14.5. (a) The bureau may: | |
| 2743 | + | (1) make investigations or require additional information; and | |
| 2744 | + | (2) reject an application or request; | |
| 2745 | + | if the bureau is not satisfied of the genuineness, regularity, or legality | |
| 2746 | + | of an application or the truth of a statement in an application, or for any | |
| 2747 | + | other reason. | |
| 2748 | + | (b) If the bureau is satisfied that the person applying for a certificate | |
| 2749 | + | of title for a vehicle is the owner of the vehicle, the bureau shall issue | |
| 2750 | + | a certificate of title for the vehicle after the person pays the applicable | |
| 2751 | + | fee under subsection (c) or (d). | |
| 2752 | + | EH 1162—LS 6594/DI 137 65 | |
| 2753 | + | (c) The fee for a certificate of title for a vehicle other than a | |
| 2754 | + | watercraft is fifteen dollars ($15). Except as provided in subsection (e), | |
| 2755 | + | the fee shall be distributed as follows: | |
| 2756 | + | (1) Fifty cents ($0.50) to the state motor vehicle technology fund. | |
| 2757 | + | (2) To the motor vehicle highway account as follows: | |
| 2758 | + | (A) For a title issued before January 1, 2017, one dollar ($1). | |
| 2759 | + | (B) For a title issued after December 31, 2016, three dollars | |
| 2760 | + | and twenty-five cents ($3.25). | |
| 2761 | + | (3) For a title issued before January 1, 2017, three dollars ($3) to | |
| 2762 | + | the highway, road and street fund. | |
| 2763 | + | (4) Five dollars ($5) to the crossroads 2000 fund. | |
| 2764 | + | (5) One dollar and twenty-five cents ($1.25) to the integrated | |
| 2765 | + | public safety communications fund. | |
| 2766 | + | (6) To the commission fund as follows: | |
| 2767 | + | (A) For a title issued before January 1, 2017, four dollars and | |
| 2768 | + | twenty-five cents ($4.25). | |
| 2769 | + | (B) For a title issued after December 31, 2016, five dollars | |
| 2770 | + | ($5). | |
| 2771 | + | (d) The fee for a certificate of title for a watercraft is as follows: | |
| 2772 | + | (1) For a certificate of title issued before January 1, 2017, fifteen | |
| 2773 | + | dollars and fifty cents ($15.50). The fee shall be distributed as | |
| 2774 | + | follows: | |
| 2775 | + | (A) Fifty cents ($0.50) to the state motor vehicle technology | |
| 2776 | + | fund. | |
| 2777 | + | (B) Two dollars ($2) to the crossroads 2000 fund. | |
| 2778 | + | (C) One dollar and twenty-five cents ($1.25) to the integrated | |
| 2779 | + | public safety communications fund. | |
| 2780 | + | (D) Four dollars and seventy-five cents ($4.75) to the | |
| 2781 | + | commission fund. | |
| 2782 | + | (E) Seven dollars ($7) to the department of natural resources. | |
| 2783 | + | (2) For a certificate of title issued after December 31, 2016, | |
| 2784 | + | fifteen dollars ($15). The fee shall be distributed as follows: | |
| 2785 | + | (A) Fifty cents ($0.50) to the state motor vehicle technology | |
| 2786 | + | fund. | |
| 2787 | + | (B) Three dollars and twenty-five cents ($3.25) to the motor | |
| 2788 | + | vehicle highway account. | |
| 2789 | + | (C) Five dollars ($5) to the crossroads 2000 fund. | |
| 2790 | + | (D) One dollar and twenty-five cents ($1.25) to the integrated | |
| 2791 | + | public safety communications fund. | |
| 2792 | + | (E) Five dollars ($5) to the commission fund. | |
| 2793 | + | (e) Fees paid by dealers under this section shall be deposited in the | |
| 2794 | + | motor vehicle odometer fund. | |
| 2795 | + | EH 1162—LS 6594/DI 137 66 | |
| 2796 | + | (f) Except as provided in subsection (g), the bureau shall deliver a | |
| 2797 | + | certificate of title: | |
| 2798 | + | (1) to the person that owns the vehicle for which the certificate of | |
| 2799 | + | title was issued, if no lien or encumbrance appears on the | |
| 2800 | + | certificate of title; or | |
| 2801 | + | (2) if a lien or an encumbrance appears on the certificate of title, | |
| 2802 | + | to the person that holds the lien or encumbrance as set forth in the | |
| 2803 | + | application for the certificate of title. | |
| 2804 | + | (g) If a certificate of title is maintained electronically by the bureau, | |
| 2805 | + | the bureau is not required to physically deliver the certificate of title | |
| 2806 | + | but shall provide electronic notification: | |
| 2807 | + | (1) to the person who owns the vehicle for which the certificate of | |
| 2808 | + | title was issued, if no lien or encumbrance appears on the | |
| 2809 | + | certificate of title; or | |
| 2810 | + | (2) if a lien or an encumbrance appears on the certificate of title, | |
| 2811 | + | to the person that holds the lien or an encumbrance as set forth in | |
| 2812 | + | the application for the certificate of title.". | |
| 2813 | + | Page 8, between lines 40 and 41, begin a new paragraph and insert: | |
| 2814 | + | "SECTION 12. IC 9-18.5-34-5 IS ADDED TO THE INDIANA | |
| 2815 | + | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
| 2816 | + | [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The bureau may not require | |
| 2817 | + | a person, at the time of the renewal of: | |
| 2818 | + | (1) a registration for a collector vehicle under IC 9-18.1-5-5; | |
| 2819 | + | (2) a historic vehicle license plate under section 2 of this | |
| 2820 | + | chapter; and | |
| 2821 | + | (3) an authentic license plate under section 3 of this chapter; | |
| 2822 | + | to appear in person to affirm that the collector vehicle meets the | |
| 2823 | + | requirements of IC 9-13-2-28.4. | |
| 2824 | + | (b) The bureau may require a person to appear in person for an | |
| 2825 | + | initial inspection to determine the authenticity of an Indiana license | |
| 2826 | + | plate from the model year of a collector vehicle under section 4(c) | |
| 2827 | + | of this chapter.". | |
| 2828 | + | Page 9, between lines 18 and 19, begin a new paragraph and insert: | |
| 2829 | + | "SECTION 14. IC 9-21-8-59, AS AMENDED BY P.L.100-2020, | |
| 2830 | + | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 2831 | + | JULY 1, 2024]: Sec. 59. (a) Except as provided in subsections (b) and | |
| 2832 | + | (c), a person may not hold or use a telecommunications device while | |
| 2833 | + | operating a moving motor vehicle. | |
| 2834 | + | (b) A telecommunications device described in | |
| 2835 | + | IC 9-13-2-177.3(a)(1) may be used in conjunction with hands free or | |
| 2836 | + | voice operated technology. | |
| 2837 | + | (c) A telecommunications device may be used or held to call 911 to | |
| 2838 | + | EH 1162—LS 6594/DI 137 67 | |
| 2839 | + | report a bona fide emergency. | |
| 2840 | + | (d) A police officer may not, without the consent of the person: | |
| 2841 | + | (1) confiscate a telecommunications device for the purpose of | |
| 2842 | + | determining compliance with this section; | |
| 2843 | + | (2) confiscate a telecommunications device and retain it as | |
| 2844 | + | evidence pending trial for a violation of this section; or | |
| 2845 | + | (3) extract or otherwise download information from a | |
| 2846 | + | telecommunications device for a violation of this section unless: | |
| 2847 | + | (A) the police officer has probable cause to believe that the | |
| 2848 | + | telecommunications device has been used in the commission | |
| 2849 | + | of a crime; | |
| 2850 | + | (B) the information is extracted or otherwise downloaded | |
| 2851 | + | under a valid search warrant; or | |
| 2852 | + | (C) otherwise authorized by law. | |
| 2853 | + | (e) The bureau may not assess points under the point system for a | |
| 2854 | + | violation of this section occurring before July 1, 2021.". | |
| 2855 | + | Page 10, line 39, after "address" insert ",". | |
| 2856 | + | Page 10, line 39, delete "a" and insert "the". | |
| 2857 | + | Page 26, line 37, reset in roman "or". | |
| 2858 | + | Page 26, line 37, after "to" and insert ",". | |
| 2859 | + | Renumber all SECTIONS consecutively. | |
| 2860 | + | and when so amended that said bill do pass. | |
| 2861 | + | (Reference is to HB 1162 as printed January 30, 2024.) | |
| 2862 | + | CRIDER, Chairperson | |
| 2863 | + | Committee Vote: Yeas 7, Nays 1. | |
| 2864 | + | EH 1162—LS 6594/DI 137 |