1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 108 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 9-21-3-7. |
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7 | 7 | | Synopsis: Traffic control ordinances. Provides that a statutory |
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8 | 8 | | provision prohibiting a turn at a steady red signal applies retroactively |
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9 | 9 | | to January 1, 2023. Provides that an ordinance prohibiting such a turn |
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10 | 10 | | is void and requires the removal of any signs installed under the |
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11 | 11 | | authority of a voided ordinance. |
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12 | 12 | | Effective: January 1, 2023 (retroactive). |
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13 | 13 | | Freeman |
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14 | 14 | | January 8, 2024, read first time and referred to Committee on Homeland Security and |
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15 | 15 | | Transportation. |
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16 | 16 | | 2024 IN 108—LS 6483/DI 129 Introduced |
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17 | 17 | | Second Regular Session of the 123rd General Assembly (2024) |
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18 | 18 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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19 | 19 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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20 | 20 | | additions will appear in this style type, and deletions will appear in this style type. |
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21 | 21 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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22 | 22 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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23 | 23 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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24 | 24 | | a new provision to the Indiana Code or the Indiana Constitution. |
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25 | 25 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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26 | 26 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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27 | 27 | | SENATE BILL No. 108 |
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28 | 28 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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29 | 29 | | motor vehicles. |
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30 | 30 | | Be it enacted by the General Assembly of the State of Indiana: |
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31 | 31 | | 1 SECTION 1. IC 9-21-3-7, AS AMENDED BY P.L.211-2023, |
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32 | 32 | | 2 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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33 | 33 | | 3 JANUARY 1, 2023 (RETROACTIVE)]: Sec. 7. (a) Whenever traffic |
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34 | 34 | | 4 is controlled by traffic control signals exhibiting different colored lights |
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35 | 35 | | 5 or colored lighted arrows successively, one (1) at a time or in |
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36 | 36 | | 6 combination, only the colors green, red, or yellow may be used, except |
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37 | 37 | | 7 for special pedestrian signals under IC 9-21-18. |
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38 | 38 | | 8 (b) The lights indicate and apply to drivers of vehicles and |
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39 | 39 | | 9 pedestrians as follows: |
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40 | 40 | | 10 (1) Green indication means the following: |
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41 | 41 | | 11 (A) Vehicular traffic facing a circular green signal may |
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42 | 42 | | 12 proceed straight through or turn right or left, unless a sign at |
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43 | 43 | | 13 the place prohibits either turn. |
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44 | 44 | | 14 (B) Vehicular traffic, including vehicles turning right or left, |
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45 | 45 | | 15 shall yield the right-of-way to other vehicles and to pedestrians |
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46 | 46 | | 16 lawfully within the intersection or an adjacent sidewalk at the |
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47 | 47 | | 17 time the signal is exhibited. |
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48 | 48 | | 2024 IN 108—LS 6483/DI 129 2 |
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49 | 49 | | 1 (C) Vehicular traffic facing a green arrow signal, shown alone |
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50 | 50 | | 2 or in combination with another indication, may cautiously |
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51 | 51 | | 3 enter the intersection only to make the movement indicated by |
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52 | 52 | | 4 the green arrow or other movement permitted by other |
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53 | 53 | | 5 indications shown at the same time. |
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54 | 54 | | 6 (D) Vehicular traffic shall yield the right-of-way to pedestrians |
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55 | 55 | | 7 lawfully within an adjacent crosswalk and to other traffic |
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56 | 56 | | 8 lawfully using the intersection. |
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57 | 57 | | 9 (E) Unless otherwise directed by a pedestrian control signal, |
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58 | 58 | | 10 pedestrians facing a green signal, except when the sole green |
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59 | 59 | | 11 signal is a turn arrow, may proceed across the roadway within |
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60 | 60 | | 12 a marked or unmarked crosswalk. |
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61 | 61 | | 13 (2) Steady yellow indication means the following: |
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62 | 62 | | 14 (A) Vehicular traffic facing a steady circular yellow or yellow |
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63 | 63 | | 15 arrow signal is warned that the related green movement is |
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64 | 64 | | 16 being terminated and that a red indication will be exhibited |
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65 | 65 | | 17 immediately thereafter. |
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66 | 66 | | 18 (B) A pedestrian facing a steady circular yellow or yellow |
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67 | 67 | | 19 arrow signal, unless otherwise directed by a pedestrian control |
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68 | 68 | | 20 signal, is advised that there is insufficient time to cross the |
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69 | 69 | | 21 roadway before a red indication is shown, and a pedestrian |
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70 | 70 | | 22 may not start to cross the roadway at that time. |
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71 | 71 | | 23 (3) Steady red indication means the following: |
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72 | 72 | | 24 (A) Except as provided in clauses (B) and (D), vehicular |
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73 | 73 | | 25 traffic facing a steady circular red or red arrow signal shall |
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74 | 74 | | 26 stop at a clearly marked stop line. However, if there is no |
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75 | 75 | | 27 clearly marked stop line, vehicular traffic shall stop before |
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76 | 76 | | 28 entering the crosswalk on the near side of the intersection. If |
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77 | 77 | | 29 there is no crosswalk, vehicular traffic shall stop before |
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78 | 78 | | 30 entering the intersection and shall remain standing until an |
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79 | 79 | | 31 indication to proceed is shown. |
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80 | 80 | | 32 (B) Except when a sign is in place prohibiting a turn described |
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81 | 81 | | 33 in this clause, vehicular traffic facing a steady red signal, after |
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82 | 82 | | 34 coming to a complete stop, may cautiously enter the |
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83 | 83 | | 35 intersection to do the following: |
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84 | 84 | | 36 (i) Make a right turn. |
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85 | 85 | | 37 (ii) Make a left turn if turning from the left lane or a |
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86 | 86 | | 38 designated left-turn lane of a one-way street into another |
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87 | 87 | | 39 one-way street with the flow of traffic. |
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88 | 88 | | 40 Vehicular traffic making a turn described in this clause shall |
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89 | 89 | | 41 yield the right-of-way to pedestrians lawfully within an |
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90 | 90 | | 42 adjacent crosswalk and to other traffic using the intersection. |
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91 | 91 | | 2024 IN 108—LS 6483/DI 129 3 |
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92 | 92 | | 1 (C) Unless otherwise directed by a pedestrian control signal |
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93 | 93 | | 2 pedestrians facing a steady circular red or red arrow signal |
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94 | 94 | | 3 may not enter the roadway. |
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95 | 95 | | 4 (D) This clause does not apply to the operation of an autocycle |
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96 | 96 | | 5 or a bicycle directed by a bicycle traffic control signal under |
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97 | 97 | | 6 section 8.5 of this chapter. If the operator of a motorcycle, |
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98 | 98 | | 7 motor driven cycle, or bicycle approaches an intersection that |
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99 | 99 | | 8 is controlled by a traffic control signal, the operator may |
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100 | 100 | | 9 proceed through the intersection on a steady red signal only if |
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101 | 101 | | 10 the operator: |
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102 | 102 | | 11 (i) comes to a complete stop at the intersection for at least |
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103 | 103 | | 12 one hundred twenty (120) seconds; and |
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104 | 104 | | 13 (ii) exercises due caution as provided by law, otherwise |
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105 | 105 | | 14 treats the traffic control signal as a stop sign, and determines |
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106 | 106 | | 15 that it is safe to proceed. |
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107 | 107 | | 16 (4) No indication or conflicting indications means the following: |
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108 | 108 | | 17 (A) Except as provided in clause (C), vehicular traffic facing |
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109 | 109 | | 18 an intersection having a signal that displays no indication or |
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110 | 110 | | 19 conflicting indications, where no other control is present, shall |
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111 | 111 | | 20 stop before entering the intersection. |
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112 | 112 | | 21 (B) After stopping, vehicular traffic may proceed with caution |
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113 | 113 | | 22 through the intersection and shall yield the right-of-way to |
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114 | 114 | | 23 traffic within the intersection or approaching so closely as to |
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115 | 115 | | 24 constitute an immediate hazard. |
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116 | 116 | | 25 (C) Vehicular traffic entering an intersection or crosswalk |
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117 | 117 | | 26 facing a pedestrian hybrid beacon may proceed without |
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118 | 118 | | 27 stopping if no indication is displayed on the pedestrian hybrid |
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119 | 119 | | 28 beacon. |
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120 | 120 | | 29 (5) This subdivision applies to traffic control signals located at a |
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121 | 121 | | 30 place other than an intersection. A stop required under this |
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122 | 122 | | 31 subdivision must be made at the signal, except when the signal is |
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123 | 123 | | 32 supplemented by a sign or pavement marking indicating where |
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124 | 124 | | 33 the stop must be made. |
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125 | 125 | | 34 (c) This subsection applies to an ordinance adopted after |
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126 | 126 | | 35 December 31, 2022. A consolidated city may not adopt an ordinance |
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127 | 127 | | 36 requiring the installation of a sign prohibiting a turn described in |
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128 | 128 | | 37 subsection (b)(3)(B). |
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129 | 129 | | 38 (d) An ordinance adopted after December 31, 2022, and before |
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130 | 130 | | 39 July 1, 2023, is void. The consolidated city shall remove any signs |
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131 | 131 | | 40 installed under the authority of a voided ordinance. |
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132 | 132 | | 41 SECTION 2. An emergency is declared for this act. |
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133 | 133 | | 2024 IN 108—LS 6483/DI 129 |
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