Indiana 2024 Regular Session

Indiana Senate Bill SB0240 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	SB0240.2
2		-	Reprinted
3		-	February 6, 2024
	1	+	SB0240.1
	2	+	January 31, 2024
4	3		SENATE BILL No. 240
5	4		_____
6		-	DIGEST OF SB 240 (Updated ~~February 5~~, 2024 4:~~17 pm~~ - DI 106)
	5	+	DIGEST OF SB 240 (Updated January 30, 2024 10:34 am - DI 106)
7	6		Citations Affected: IC 9-21; IC 9-30; IC 33-37; IC 34-24; IC 35-44.1.
8	7		Synopsis: Public safety. Provides that a person who knowingly,
9	8		intentionally, or recklessly operates a vehicle in a repeated or
10	9		continuous manner with the intent of causing a rotational skid commits
11	10		reckless driving, a Class B misdemeanor, and increases the penalty if
12		-	certain circumstances apply. Specifies that a person may request
13		-	specialized driving privileges even after the initial hearing. Specifies
14		-	that a vehicle used to commit reckless driving involving a rotational
15		-	skid or obstruction of traffic involving a rotational skid is subject to
16		-	seizure for purposes of civil forfeiture if the person has a prior
17		-	unrelated conviction for the offense. Increases the penalty for resisting
18		-	law enforcement to a Level 5 felony if a person operates a vehicle in a
19		-	manner that creates a substantial risk of bodily injury to another person.
20		-	Makes conforming amendments.
	11	+	certain circumstances apply. Specifies that a vehicle used to commit
	12	+	reckless driving involving a rotational skid or obstruction of traffic
	13	+	involving a rotational skid is subject to seizure for purposes of civil
	14	+	forfeiture if the person has a prior unrelated conviction for the offense.
	15	+	Increases the penalty for resisting law enforcement to a Level 5 felony
	16	+	if a person operates a vehicle in a manner that creates a substantial risk
	17	+	of bodily injury to another person. Makes conforming amendments.
21	18		Effective: July 1, 2024.
22		-	Freeman~~, Carrasco~~, Ford J.D.
	19	+	Freeman, Ford J.D.
23	20		January 10, 2024, read first time and referred to Committee on Corrections and Criminal
24	21		Law.
25	22		January 30, 2024, amended, reported favorably — Do Pass.
26		-	February 5, 2024, read second time, amended, ordered engrossed.
27		-	SB 240—LS 6906/DI 106 Reprinted
28		-	February 6, 2024
	23	+	SB 240—LS 6906/DI 106 January 31, 2024
29	24		Second Regular Session of the 123rd General Assembly (2024)
30	25		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
31	26		Constitution) is being amended, the text of the existing provision will appear in this style type,
32	27		additions will appear in this style type, and deletions will appear in this style type.
33	28		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
34	29		provision adopted), the text of the new provision will appear in this style type. Also, the
35	30		word NEW will appear in that style type in the introductory clause of each SECTION that adds
36	31		a new provision to the Indiana Code or the Indiana Constitution.
37	32		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
38	33		between statutes enacted by the 2023 Regular Session of the General Assembly.
39	34		SENATE BILL No. 240
40	35		A BILL FOR AN ACT to amend the Indiana Code concerning
41	36		criminal law and procedure.
42	37		Be it enacted by the General Assembly of the State of Indiana:
43	38		1 SECTION 1. IC 9-21-8-52, AS AMENDED BY P.L.144-2019,
44	39		2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45	40		3 JULY 1, 2024]: Sec. 52. (a) A person who operates a vehicle and who
46	41		4 recklessly:
47	42		5 (1) drives at such an unreasonably high rate of speed or at such an
48	43		6 unreasonably low rate of speed under the circumstances as to:
49	44		7 (A) endanger the safety or the property of others; or
50	45		8 (B) block the proper flow of traffic;
51	46		9 (2) passes another vehicle from the rear while on a slope or on a
52	47		10 curve where vision is obstructed for a distance of less than five
53	48		11 hundred (500) feet ahead;
54	49		12 (3) drives in and out of a line of traffic, except as otherwise
55	50		13 permitted; or
56	51		14 (4) speeds up or refuses to give one-half (1/2) of the roadway to
57	52		15 a driver overtaking and desiring to pass;
58	53		16 commits a Class C misdemeanor. However, the offense is a Class A
59	54		17 misdemeanor if it causes bodily injury to a person.
60	55		SB 240—LS 6906/DI 106 2
61	56		1 (b) A person who knowingly, intentionally, or recklessly
62	57		2 operates a vehicle in a repeated or continuous manner with the
63	58		3 intent of causing the vehicle to perform a rotational skid commits
64	59		4 a Class B misdemeanor. However, the offense is a Class A
65	60		5 misdemeanor if it endangers a person, a Level 6 felony if it causes
66	61		6 bodily injury to a person, and a Level 5 felony if it results in the
67	62		7 death of any person.
68	63		8 (b) (c) A person who operates a vehicle and who recklessly passes
69	64		9 a school bus stopped on a roadway or a private road when the arm
70	65		10 signal device specified in IC 9-21-12-13 is in the device's extended
71	66		11 position commits a Class A misdemeanor. However, the offense is a
72	67		12 Level 6 felony if it causes bodily injury to a person, and a Level 5
73	68		13 felony if it causes the death of a person.
74	69		14 (c) (d) If an offense under:
75	70		15 (1) subsection (a) results in damage to the property of another
76	71		16 person, it is a Class B misdemeanor and the court may
77	72		17 recommend the suspension of the current driving license of the
78	73		18 person convicted of the offense described in subsection (a) for a
79	74		19 fixed period of not more than one (1) year; and
80	75		20 (2) subsection (b) results in damage to the property of another
81	76		21 person, the court may recommend the suspension of the
82	77		22 current driving license of the person convicted of the offense
83	78		23 described in subsection (b) for a fixed period of not more than
84	79		24 one (1) year.
85	80		25 (d) (e) If an offense under subsection (a) or (b) causes bodily injury
86	81		26 to a person, the court may recommend the suspension of the driving
87	82		27 privileges of the person convicted of the offense described in this
88	83		28 subsection for a fixed period of not more than one (1) year.
89	84		29 (e) (f) In addition to any other penalty imposed under subsection (b),
90	85		30 subsection (c), the court may suspend the person's driving privileges:
91	86		31 (1) for ninety (90) days; or
92	87		32 (2) if the person has committed at least one (1) previous offense
93	88		33 under this section or IC 9-21-12-1, for one (1) year.
94	89		34 SECTION 2. IC 9-21-12-1, AS AMENDED BY P.L.144-2019,
95	90		35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
96	91		36 JULY 1, 2024]: Sec. 1. (a) A person who drives a vehicle that:
97	92		37 (1) meets or overtakes from any direction a school bus stopped on
98	93		38 a roadway or a private road and is not stopped before reaching the
99	94		39 school bus when the arm signal device specified in IC 9-21-12-13
100	95		40 is in the device's extended position; or
101	96		41 (2) proceeds before the arm signal device is no longer extended;
102	97		42 commits a Class A infraction.
103	98		SB 240—LS 6906/DI 106 3
104	99		1 (b) In addition to any other penalty imposed under this section, the
105	100		2 court may suspend the person's driving privileges:
106	101		3 (1) for ninety (90) days; or
107	102		4 (2) if the person has committed at least one (1) previous offense
108	103		5 under this section or IC 9-21-8-52(b), IC 9-21-8-52(c), for one (1)
109	104		6 year.
110	105		7 (c) This section is applicable only if the school bus is in substantial
111	106		8 compliance with the markings required by the state school bus
112	107		9 committee.
113	108		10 (d) There is a rebuttable presumption that the owner of the vehicle
114	109		11 involved in the violation of this section committed the violation. This
115	110		12 presumption does not apply to the owner of a vehicle involved in the
116	111		13 violation of this section if the owner routinely engages in the business
117	112		14 of renting the vehicle for periods of thirty (30) days or less.
118	113		15 SECTION 3. IC 9-30-2-2, AS AMENDED BY P.L.144-2019,
119	114		16 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
120	115		17 JULY 1, 2024]: Sec. 2. (a) Except as provided in subsection (b), a law
121	116		18 enforcement officer may not arrest or issue a traffic information and
122	117		19 summons to a person for a violation of an Indiana law regulating the
123	118		20 use and operation of a motor vehicle on a highway or an ordinance of
124	119		21 a city or town regulating the use and operation of a motor vehicle on a
125	120		22 highway unless at the time of the arrest the officer is:
126	121		23 (1) wearing a distinctive uniform and a badge of authority; or
127	122		24 (2) operating a motor vehicle that is clearly marked as a police
128	123		25 vehicle;
129	124		26 that will clearly show the officer or the officer's vehicle to casual
130	125		27 observations to be an officer or a police vehicle.
131	126		28 (b) Subsection (a) does not apply to an officer in an unmarked
132	127		29 police vehicle making an arrest or issuing a traffic information and
133	128		30 summons:
134	129		31 (1) when there is a uniformed officer present at the time of the
135	130		32 arrest; or
136	131		33 (2) for a violation of one (1) or more of the following:
137	132		34 (A) IC 9-21-8-52(a)(1)(A) (reckless driving causing
138	133		35 endangerment).
139	134		36 (B) IC 9-21-8-52(b) (reckless driving involving a rotational
140	135		37 skid).
141	136		38 (B) (C) IC 9-21-8-52(b) IC 9-21-8-52(c) as a Level 6 felony
142	137		39 (recklessly passing a stopped school bus resulting in bodily
143	138		40 injury).
144	139		41 (C) (D) IC 9-21-8-52(b) IC 9-21-8-52(c) as a Level 5 felony
145	140		42 (recklessly passing a stopped school bus resulting in death).
146	141		SB 240—LS 6906/DI 106 4
147	142		1 (D) (E) IC 9-30-5-2(b) as a Class A misdemeanor (operating
148	143		2 while intoxicated in a manner that endangers a person).
149	144		3 SECTION 4. IC 9-30-16-1, AS AMENDED BY P.L.111-2021,
150	145		4 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
151	146		5 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (b), the
152	147		6 following are ineligible for specialized driving privileges under this
153	148		7 chapter:
154	149		8 (1) A person who has never been an Indiana resident.
155	150		9 (2) A person seeking specialized driving privileges with respect
156	151		10 to a suspension based on the person's refusal to submit to a
157	152		11 chemical test offered under IC 9-30-6 or IC 9-30-7. However, a
158	153		12 court may grant this person driving privileges under
159	154		13 IC 9-30-6-8(d).
160	155		14 (3) A person whose driving privileges have been suspended or
161	156		15 revoked under IC 9-24-10-7(b)(2)(A).
162	157		16 (4) A person whose driving privileges have been suspended under
163	158		17 IC 9-21-8-52(e) IC 9-21-8-52(f) or IC 9-21-12-1(b).
164	159		18 (b) This chapter applies to the following:
165	160		19 (1) A person who held a driver's license (issued under IC 9-24-3),
166	161		20 or a commercial driver's, a public passenger chauffeur's, or a
167	162		21 chauffeur's license at the time of:
168	163		22 (A) the criminal conviction for which the operation of a motor
169	164		23 vehicle is an element of the offense;
170	165		24 (B) any criminal conviction for an offense under IC 9-30-5,
171	166		25 IC 35-46-9, or IC 14-15-8 (before its repeal); or
172	167		26 (C) committing the infraction of exceeding a worksite speed
173	168		27 limit for the second time in one (1) year under IC 9-21-5-11(f).
174	169		28 (2) A person who:
175	170		29 (A) has never held a valid Indiana driver's license or does not
176	171		30 currently hold a valid Indiana learner's permit; and
177	172		31 (B) was an Indiana resident when the driving privileges for
178	173		32 which the person is seeking specialized driving privileges
179	174		33 were suspended.
180	175		34 (c) Except as specifically provided in this chapter, a court may
181	176		35 suspend the driving privileges of a person convicted of any of the
182	177		36 following offenses for a period up to the maximum allowable period of
183	178		37 incarceration under the penalty for the offense:
184	179		38 (1) Any criminal conviction in which the operation of a motor
185	180		39 vehicle is an element of the offense.
186	181		40 (2) Any criminal conviction for an offense under IC 9-30-5,
187	182		41 IC 35-46-9, or IC 14-15-8 (before its repeal).
188	183		42 (3) Any offense under IC 35-42-1, IC 35-42-2, or IC 35-44.1-3-1
189	184		SB 240—LS 6906/DI 106 5
190	185		1 that involves the use of a vehicle.
191	186		2 (d) Except as provided in section 3.5 of this chapter, a suspension
192	187		3 of driving privileges under this chapter may begin before the
193	188		4 conviction. Multiple suspensions of driving privileges ordered by a
194	189		5 court that are part of the same episode of criminal conduct shall be
195	190		6 served concurrently. A court may grant credit time for any suspension
196	191		7 that began before the conviction, except as prohibited by section
197	192		8 6(a)(2) of this chapter.
198	193		9 (e) If a person has had an ignition interlock device installed as a
199	194		10 condition of specialized driving privileges or under IC 9-30-6-8(d), the
200	195		11 period of the installation shall be credited as part of the suspension of
201	196		12 driving privileges.
202	197		13 (f) This subsection applies to a person described in subsection
203	198		14 (b)(2). A court shall, as a condition of granting specialized driving
204	199		15 privileges to the person, require the person to apply for and obtain an
205	200		16 Indiana driver's license.
206	201		17 (g) If a person indicates to the court at an initial hearing (as
207	202		18 described in IC 35-33-7) that the person intends to file a petition for a
208	203		19 specialized driving privileges hearing with that court under section 3
209	204		20 or 4 of this chapter, the following apply:
210	205		21 (1) The court shall:
211	206		22 (A) stay the suspension of the person's driving privileges at the
212	207		23 initial hearing and shall not submit the probable cause
213	208		24 affidavit related to the person's offense to the bureau; and
214	209		25 (B) set the matter for a specialized driving privileges hearing
215	210		26 not later than thirty (30) days after the initial hearing.
216	211		27 (2) If the person does not file a petition for a specialized driving
217	212		28 privileges hearing not later than ten (10) days after the date of the
218	213		29 initial hearing, the court shall lift the stay of the suspension of the
219	214		30 person's driving privileges and shall submit the probable cause
220	215		31 affidavit related to the person's offense to the bureau for
221	216		32 automatic suspension.
222	217		33 (3) If the person files a petition for a specialized driving privileges
223	218		34 hearing not later than ten (10) days after the initial hearing, the
224	219		35 stay of the suspension of the person's driving privileges continues
225	220		36 until the matter is heard and a determination is made by the court
226	221		37 at the specialized driving privileges hearing.
227	222		38 (4) If the specialized driving privileges hearing is continued due
228	223		39 to:
229	224		40 (A) a congestion of the court calendar;
230	225		41 (B) the prosecuting attorney's motion for a continuance; or
231	226		42 (C) the person's motion for a continuance with no objection by
232	227		SB 240—LS 6906/DI 106 6
233	228		1 the prosecuting attorney;
234	229		2 the stay of the suspension of the person's driving privileges
235	230		3 continues until addressed at the next hearing.
236	231		4 (5) If the person moves for a continuance of the specialized
237	232		5 driving privileges hearing and the court grants the continuance
238	233		6 over the prosecuting attorney's objection, the court shall lift the
239	234		7 stay of the suspension of the person's driving privileges and shall
240	235		8 submit the probable cause affidavit related to the person's offense
241	236		9 to the bureau for automatic suspension.
242	237		10 SECTION 5. IC 33-37-5-18, AS AMENDED BY P.L.156-2020,
243	238		11 SECTION 123, IS AMENDED TO READ AS FOLLOWS
244	239		12 [EFFECTIVE JULY 1, 2024]: Sec. 18. (a) In each criminal action in
245	240		13 which a person is convicted of an offense in which the possession or
246	241		14 use of a firearm was an element of the offense, the court shall assess a
247	242		15 safe schools fee of at least two hundred dollars ($200) and not more
248	243		16 than one thousand dollars ($1,000).
249	244		17 (b) For each offense described in IC 9-21-8-52(b), IC 9-21-8-52(c),
250	245		18 the court may assess a safe schools fee of at least two hundred dollars
251	246		19 ($200) and not more than one thousand dollars ($1,000).
252	247		20 (c) In determining the amount of the safe schools fee assessed
253	248		21 against a person under subsection (a), a court shall consider the
254	249		22 person's ability to pay the fee.
255	250		23 (d) The clerk shall collect the safe schools fee set by the court when
256	251		24 a person is convicted of an offense:
257	252		25 (1) in which the possession or use of a firearm was an element of
258	253		26 the offense; or
259	254		27 (2) described in IC 9-21-8-52(b) IC 9-21-8-52(c) and the court
260	255		28 assesses a safe schools fee under subsection (b).
261	256		29 SECTION 6. IC 34-24-1-1, AS AMENDED BY P.L.185-2023,
262	257		30 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
263	258		31 JULY 1, 2024]: Sec. 1. (a) The following may be seized:
264	259		32 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
265	260		33 or are intended for use by the person or persons in possession of
266	261		34 them to transport or in any manner to facilitate the transportation
267	262		35 of the following:
268	263		36 (A) A controlled substance for the purpose of committing,
269	264		37 attempting to commit, or conspiring to commit any of the
270	265		38 following:
271	266		39 (i) Dealing in or manufacturing cocaine or a narcotic drug
272	267		40 (IC 35-48-4-1).
273	268		41 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
274	269		42 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
275	270		SB 240—LS 6906/DI 106 7
276	271		1 (iv) Dealing in a schedule I, II, or III controlled substance
277	272		2 (IC 35-48-4-2).
278	273		3 (v) Dealing in a schedule IV controlled substance
279	274		4 (IC 35-48-4-3).
280	275		5 (vi) Dealing in a schedule V controlled substance
281	276		6 (IC 35-48-4-4).
282	277		7 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
283	278		8 (viii) Possession of cocaine or a narcotic drug
284	279		9 (IC 35-48-4-6).
285	280		10 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
286	281		11 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
287	282		12 (xi) Dealing in marijuana, hash oil, hashish, or salvia
288	283		13 (IC 35-48-4-10).
289	284		14 (xii) An offense under IC 35-48-4 involving a synthetic drug
290	285		15 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
291	286		16 substance (as defined in IC 35-31.5-2-321.5 (before its
292	287		17 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
293	288		18 repeal on July 1, 2019), a controlled substance analog (as
294	289		19 defined in IC 35-48-1-9.3), or a substance represented to be
295	290		20 a controlled substance (as described in IC 35-48-4-4.6).
296	291		21 (B) Any stolen (IC 35-43-4-2 or IC 35-43-4-2.2) or converted
297	292		22 property (IC 35-43-4-3) if the retail or repurchase value of that
298	293		23 property is one hundred dollars ($100) or more.
299	294		24 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
300	295		25 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
301	296		26 mass destruction (as defined in IC 35-31.5-2-354) used to
302	297		27 commit, used in an attempt to commit, or used in a conspiracy
303	298		28 to commit a felony terrorist offense (as defined in
304	299		29 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
305	300		30 furtherance of an act of terrorism (as defined by
306	301		31 IC 35-31.5-2-329).
307	302		32 (2) All money, negotiable instruments, securities, weapons,
308	303		33 communications devices, or any property used to commit, used in
309	304		34 an attempt to commit, or used in a conspiracy to commit a felony
310	305		35 terrorist offense (as defined in IC 35-50-2-18) or an offense under
311	306		36 IC 35-47 as part of or in furtherance of an act of terrorism or
312	307		37 commonly used as consideration for a violation of IC 35-48-4
313	308		38 (other than items subject to forfeiture under IC 16-42-20-5 or
314	309		39 IC 16-6-8.5-5.1, before its repeal):
315	310		40 (A) furnished or intended to be furnished by any person in
316	311		41 exchange for an act that is in violation of a criminal statute;
317	312		42 (B) used to facilitate any violation of a criminal statute; or
318	313		SB 240—LS 6906/DI 106 8
319	314		1 (C) traceable as proceeds of the violation of a criminal statute.
320	315		2 (3) Any portion of real or personal property purchased with
321	316		3 money that is traceable as a proceed of a violation of a criminal
322	317		4 statute.
323	318		5 (4) A vehicle that is used by a person to:
324	319		6 (A) commit, attempt to commit, or conspire to commit;
325	320		7 (B) facilitate the commission of; or
326	321		8 (C) escape from the commission of;
327	322		9 murder (IC 35-42-1-1), dealing in a controlled substance resulting
328	323		10 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
329	324		11 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
330	325		12 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
331	326		13 under IC 35-47 as part of or in furtherance of an act of terrorism.
332	327		14 (5) Real property owned by a person who uses it to commit any of
333	328		15 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
334	329		16 felony:
335	330		17 (A) Dealing in or manufacturing cocaine or a narcotic drug
336	331		18 (IC 35-48-4-1).
337	332		19 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
338	333		20 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
339	334		21 (D) Dealing in a schedule I, II, or III controlled substance
340	335		22 (IC 35-48-4-2).
341	336		23 (E) Dealing in a schedule IV controlled substance
342	337		24 (IC 35-48-4-3).
343	338		25 (F) Dealing in marijuana, hash oil, hashish, or salvia
344	339		26 (IC 35-48-4-10).
345	340		27 (G) Dealing in a synthetic drug (as defined in
346	341		28 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
347	342		29 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
348	343		30 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
349	344		31 2019).
350	345		32 (H) Dealing in a controlled substance resulting in death
351	346		33 (IC 35-42-1-1.5).
352	347		34 (6) Equipment and recordings used by a person to commit fraud
353	348		35 under IC 35-43-5.
354	349		36 (7) Recordings sold, rented, transported, or possessed by a person
355	350		37 in violation of IC 24-4-10.
356	351		38 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
357	352		39 defined by IC 35-45-6-1) that is the object of a corrupt business
358	353		40 influence violation (IC 35-45-6-2).
359	354		41 (9) Unlawful telecommunications devices (as defined in
360	355		42 IC 35-45-13-6) and plans, instructions, or publications used to
361	356		SB 240—LS 6906/DI 106 9
362	357		1 commit an offense under IC 35-45-13.
363	358		2 (10) Any equipment, including computer equipment and cellular
364	359		3 telephones, used for or intended for use in preparing,
365	360		4 photographing, recording, videotaping, digitizing, printing,
366	361		5 copying, or disseminating matter in violation of IC 35-42-4.
367	362		6 (11) Destructive devices used, possessed, transported, or sold in
368	363		7 violation of IC 35-47.5.
369	364		8 (12) Tobacco products that are sold in violation of IC 24-3-5,
370	365		9 tobacco products that a person attempts to sell in violation of
371	366		10 IC 24-3-5, and other personal property owned and used by a
372	367		11 person to facilitate a violation of IC 24-3-5.
373	368		12 (13) Property used by a person to commit counterfeiting or
374	369		13 forgery in violation of IC 35-43-5-2.
375	370		14 (14) After December 31, 2005, if a person is convicted of an
376	371		15 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
377	372		16 following real or personal property:
378	373		17 (A) Property used or intended to be used to commit, facilitate,
379	374		18 or promote the commission of the offense.
380	375		19 (B) Property constituting, derived from, or traceable to the
381	376		20 gross proceeds that the person obtained directly or indirectly
382	377		21 as a result of the offense.
383	378		22 (15) Except as provided in subsection (e), a vehicle used by a
384	379		23 person who operates the vehicle:
385	380		24 (A) while intoxicated, in violation of IC 9-30-5-1 through
386	381		25 IC 9-30-5-5, if in the previous five (5) years the person has two
387	382		26 (2) or more prior unrelated convictions for operating a motor
388	383		27 vehicle while intoxicated in violation of IC 9-30-5-1 through
389	384		28 IC 9-30-5-5; or
390	385		29 (B) on a highway while the person's driving privileges are
391	386		30 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
392	387		31 if in the previous five (5) years the person has two (2) or more
393	388		32 prior unrelated convictions for operating a vehicle while
394	389		33 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
395	390		34 If a court orders the seizure of a vehicle under this subdivision,
396	391		35 the court shall transmit an order to the bureau of motor vehicles
397	392		36 recommending that the bureau not permit a vehicle to be
398	393		37 registered in the name of the person whose vehicle was seized
399	394		38 until the person possesses a current driving license (as defined in
400	395		39 IC 9-13-2-41).
401	396		40 (16) The following real or personal property:
402	397		41 (A) Property used or intended to be used to commit, facilitate,
403	398		42 or promote the commission of an offense specified in
404	399		SB 240—LS 6906/DI 106 10
405	400		1 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
406	401		2 IC 30-2-13-38(f).
407	402		3 (B) Property constituting, derived from, or traceable to the
408	403		4 gross proceeds that a person obtains directly or indirectly as a
409	404		5 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
410	405		6 IC 30-2-10-9(b), or IC 30-2-13-38(f).
411	406		7 (17) Real or personal property, including a vehicle, that is used by
412	407		8 a person to:
413	408		9 (A) commit, attempt to commit, or conspire to commit;
414	409		10 (B) facilitate the commission of; or
415	410		11 (C) escape from the commission of;
416	411		12 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
417	412		13 trafficking) or IC 35-45-4-4 (promoting prostitution).
418	413		14 (18) A motor vehicle used by a person to commit:
419	414		15 (A) reckless driving involving a rotational skid under
420	415		16 IC 9-21-8-52(b); or
421	416		17 (B) obstruction of traffic committed in connection with
422	417		18 reckless driving involving a rotational skid under
423	418		19 IC 9-21-8-52(b);
424	419		20 if the person has a prior conviction for an offense described in
425	420		21 this subdivision.
426	421		22 (b) A vehicle used by any person as a common or contract carrier in
427	422		23 the transaction of business as a common or contract carrier is not
428	423		24 subject to seizure under this section, unless it can be proven by a
429	424		25 preponderance of the evidence that the owner of the vehicle knowingly
430	425		26 permitted the vehicle to be used to engage in conduct that subjects it to
431	426		27 seizure under subsection (a).
432	427		28 (c) Equipment under subsection (a)(10) may not be seized unless it
433	428		29 can be proven by a preponderance of the evidence that the owner of the
434	429		30 equipment knowingly permitted the equipment to be used to engage in
435	430		31 conduct that subjects it to seizure under subsection (a)(10).
436	431		32 (d) Money, negotiable instruments, securities, weapons,
437	432		33 communications devices, or any property commonly used as
438	433		34 consideration for a violation of IC 35-48-4 found near or on a person
439	434		35 who is committing, attempting to commit, or conspiring to commit any
440	435		36 of the following offenses shall be admitted into evidence in an action
441	436		37 under this chapter as prima facie evidence that the money, negotiable
442	437		38 instrument, security, or other thing of value is property that has been
443	438		39 used or was to have been used to facilitate the violation of a criminal
444	439		40 statute or is the proceeds of the violation of a criminal statute:
445	440		41 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
446	441		42 death).
447	442		SB 240—LS 6906/DI 106 11
448	443		1 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
449	444		2 narcotic drug).
450	445		3 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
451	446		4 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
452	447		5 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
453	448		6 substance).
454	449		7 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
455	450		8 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
456	451		9 as a Level 4 felony.
457	452		10 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
458	453		11 Level 3, Level 4, or Level 5 felony.
459	454		12 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
460	455		13 3, Level 4, or Level 5 felony.
461	456		14 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
462	457		15 salvia) as a Level 5 felony.
463	458		16 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
464	459		17 in a synthetic drug or synthetic drug lookalike substance) as a
465	460		18 Level 5 felony or Level 6 felony (or as a Class C felony or Class
466	461		19 D felony under IC 35-48-4-10 before its amendment in 2013).
467	462		20 (e) A vehicle operated by a person who is not:
468	463		21 (1) an owner of the vehicle; or
469	464		22 (2) the spouse of the person who owns the vehicle;
470	465		23 is not subject to seizure under subsection (a)(15) unless it can be
471	466		24 proven by a preponderance of the evidence that the owner of the
472	467		25 vehicle knowingly permitted the vehicle to be used to engage in
473	468		26 conduct that subjects it to seizure under subsection (a)(15).
474	469		27 SECTION 7. IC 35-44.1-2-13, AS AMENDED BY P.L.174-2021,
475	470		28 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
476	471		29 JULY 1, 2024]: Sec. 13. (a) Except as provided in subsection (b), a
477	472		30 person who, with the intent to obstruct vehicular or pedestrian traffic,
478	473		31 obstructs vehicular or pedestrian traffic commits obstruction of traffic,
479	474		32 a Class B misdemeanor.
480	475		33 (b) The offense described in subsection (a) is:
481	476		34 (1) a Class A misdemeanor if the offense:
482	477		35 (A) includes the use of a motor vehicle; or
483	478		36 (B) is committed in connection with reckless driving
484	479		37 involving a rotational skid under IC 9-21-8-52(b);
485	480		38 (2) a Level 6 felony if:
486	481		39 (A) the offense results in serious bodily injury;
487	482		40 (B) the person blocks an authorized emergency vehicle (as
488	483		41 defined in IC 9-13-2-6) while the vehicle is:
489	484		42 (i) responding to an emergency call;
490	485		SB 240—LS 6906/DI 106 12
491	486		1 (ii) in the pursuit of an actual or suspected violator of the
492	487		2 law; or
493	488		3 (iii) responding to, but not returning from, a fire alarm;
494	489		4 if the vehicle is using visible or audible signals as required by
495	490		5 law; or
496	491		6 (C) the person obstructs the entryway to a facility that provides
497	492		7 emergency medical services; and
498	493		8 (3) a Level 5 felony if the offense results in catastrophic bodily
499	494		9 injury or death.
500	495		10 (c) A person who unreasonably obstructs vehicular or pedestrian
501	496		11 traffic commits a Class C infraction.
502	497		12 (d) It is a defense to an action under subsection (c) that the
503	498		13 obstruction was caused by a vehicle malfunction.
504	499		14 SECTION 8. IC 35-44.1-3-1, AS AMENDED BY P.L.174-2021,
505	500		15 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
506	501		16 JULY 1, 2024]: Sec. 1. (a) A person who knowingly or intentionally:
507	502		17 (1) forcibly resists, obstructs, or interferes with a law enforcement
508	503		18 officer or a person assisting the officer while the officer is
509	504		19 lawfully engaged in the execution of the officer's duties;
510	505		20 (2) forcibly resists, obstructs, or interferes with the authorized
511	506		21 service or execution of a civil or criminal process or order of a
512	507		22 court; or
513	508		23 (3) flees from a law enforcement officer after the officer has, by
514	509		24 visible or audible means, including operation of the law
515	510		25 enforcement officer's siren or emergency lights, identified himself
516	511		26 or herself and ordered the person to stop;
517	512		27 commits resisting law enforcement, a Class A misdemeanor, except as
518	513		28 provided in subsection (c).
519	514		29 (b) A person who, having been denied entry by a firefighter, an
520	515		30 emergency medical services provider, or a law enforcement officer,
521	516		31 knowingly or intentionally enters an area that is marked off with barrier
522	517		32 tape or other physical barriers, commits interfering with public safety,
523	518		33 a Class B misdemeanor, except as provided in subsection (c) or (k).
524	519		34 (c) The offense under subsection (a) or (b) is a:
525	520		35 (1) Level 6 felony if:
526	521		36 (A) the person uses a vehicle to commit the offense; or
527	522		37 (B) while committing the offense, the person:
528	523		38 (i) draws or uses a deadly weapon; or
529	524		39 (ii) inflicts bodily injury on or otherwise causes bodily injury
530	525		40 to another person. or
531	526		41 (iii) operates a vehicle in a manner that creates a substantial
532	527		42 risk of bodily injury to another person;
533	528		SB 240—LS 6906/DI 106 13
534	529		1 (2) Level 5 felony if:
535	530		2 (A) while committing the offense, the person operates a
536	531		3 vehicle in a manner that:
537	532		4 (i) causes serious bodily injury to another person; or
538	533		5 (ii) creates a substantial risk of bodily injury to another
539	534		6 person; or
540	535		7 (B) the person uses a vehicle to commit the offense and the
541	536		8 person has a prior unrelated conviction under this section
542	537		9 involving the use of a vehicle in the commission of the
543	538		10 offense;
544	539		11 (3) Level 3 felony if, while committing the offense, the person
545	540		12 operates a vehicle in a manner that causes the death or
546	541		13 catastrophic injury of another person; and
547	542		14 (4) Level 2 felony if, while committing any offense described in
548	543		15 subsection (a), the person operates a vehicle in a manner that
549	544		16 causes the death or catastrophic injury of a firefighter, an
550	545		17 emergency medical services provider, or a law enforcement
551	546		18 officer while the firefighter, emergency medical services provider,
552	547		19 or law enforcement officer is engaged in the firefighter's,
553	548		20 emergency medical services provider's, or officer's official duties.
554	549		21 (d) The offense under subsection (a) is a Level 6 felony if, while
555	550		22 committing an offense under:
556	551		23 (1) subsection (a)(1) or (a)(2), the person:
557	552		24 (A) creates a substantial risk of bodily injury to the person or
558	553		25 another person; and
559	554		26 (B) has two (2) or more prior unrelated convictions under
560	555		27 subsection (a); or
561	556		28 (2) subsection (a)(3), the person has two (2) or more prior
562	557		29 unrelated convictions under subsection (a).
563	558		30 (e) If a person uses a vehicle to commit a felony offense under
564	559		31 subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
565	560		32 penalty imposed for the offense, the court shall impose a minimum
566	561		33 executed sentence of at least:
567	562		34 (1) thirty (30) days, if the person does not have a prior unrelated
568	563		35 conviction under this section;
569	564		36 (2) one hundred eighty (180) days, if the person has one (1) prior
570	565		37 unrelated conviction under this section; or
571	566		38 (3) one (1) year, if the person has two (2) or more prior unrelated
572	567		39 convictions under this section.
573	568		40 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
574	569		41 minimum sentence imposed under subsection (e) may not be
575	570		42 suspended.
576	571		SB 240—LS 6906/DI 106 14
577	572		1 (g) If a person is convicted of an offense involving the use of a
578	573		2 motor vehicle under:
579	574		3 (1) subsection (c)(1)(A), if the person exceeded the speed limit by
580	575		4 at least twenty (20) miles per hour while committing the offense;
581	576		5 (2) subsection (c)(2); or
582	577		6 (3) subsection (c)(3);
583	578		7 the court may notify the bureau of motor vehicles to suspend or revoke
584	579		8 the person's driver's license and all certificates of registration and
585	580		9 license plates issued or registered in the person's name in accordance
586	581		10 with IC 9-30-4-6.1(b) for the period described in IC 9-30-4-6.1(d)(1)
587	582		11 or IC 9-30-4-6.1(d)(2). The court shall inform the bureau whether the
588	583		12 person has been sentenced to a term of incarceration. At the time of
589	584		13 conviction, the court may obtain the person's current driver's license
590	585		14 and return the license to the bureau of motor vehicles.
591	586		15 (h) A person may not be charged or convicted of a crime under
592	587		16 subsection (a)(3) if the law enforcement officer is a school resource
593	588		17 officer acting in the officer's capacity as a school resource officer.
594	589		18 (i) A person who commits an offense described in subsection (c)
595	590		19 commits a separate offense for each person whose bodily injury,
596	591		20 serious bodily injury, catastrophic injury, or death is caused by a
597	592		21 violation of subsection (c).
598	593		22 (j) A court may order terms of imprisonment imposed on a person
599	594		23 convicted of more than one (1) offense described in subsection (c) to
600	595		24 run consecutively. Consecutive terms of imprisonment imposed under
601	596		25 this subsection are not subject to the sentencing restrictions set forth in
602	597		26 IC 35-50-1-2(c) through IC 35-50-1-2(d).
603	598		27 (k) As used in this subsection, "family member" means a child,
604	599		28 grandchild, parent, grandparent, or spouse of the person. It is a defense
605	600		29 to a prosecution under subsection (b) that the person reasonably
606	601		30 believed that the person's family member:
607	602		31 (1) was in the marked off area; and
608	603		32 (2) had suffered bodily injury or was at risk of suffering bodily
609	604		33 injury;
610	605		34 if the person is not charged as a defendant in connection with the
611	606		35 offense, if applicable, that caused the area to be secured by barrier tape
612	607		36 or other physical barriers.
613	608		SB 240—LS 6906/DI 106 15
614	609		COMMITTEE REPORT
615	610		Madam President: The Senate Committee on Corrections and
616	611		Criminal Law, to which was referred Senate Bill No. 240, has had the
617	612		same under consideration and begs leave to report the same back to the
618	613		Senate with the recommendation that said bill be AMENDED as
619	614		follows:
620	615		Page 1, between the enacting clause and line 1, begin a new
621	616		paragraph and insert:
622	617		"SECTION 1. IC 9-21-8-52, AS AMENDED BY P.L.144-2019,
623	618		SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
624	619		JULY 1, 2024]: Sec. 52. (a) A person who operates a vehicle and who
625	620		recklessly:
626	621		(1) drives at such an unreasonably high rate of speed or at such an
627	622		unreasonably low rate of speed under the circumstances as to:
628	623		(A) endanger the safety or the property of others; or
629	624		(B) block the proper flow of traffic;
630	625		(2) passes another vehicle from the rear while on a slope or on a
631	626		curve where vision is obstructed for a distance of less than five
632	627		hundred (500) feet ahead;
633	628		(3) drives in and out of a line of traffic, except as otherwise
634	629		permitted; or
635	630		(4) speeds up or refuses to give one-half (1/2) of the roadway to
636	631		a driver overtaking and desiring to pass;
637	632		commits a Class C misdemeanor. However, the offense is a Class A
638	633		misdemeanor if it causes bodily injury to a person.
639	634		(b) A person who knowingly, intentionally, or recklessly
640	635		operates a vehicle in a repeated or continuous manner with the
641	636		intent of causing the vehicle to perform a rotational skid commits
642	637		a Class B misdemeanor. However, the offense is a Class A
643	638		misdemeanor if it endangers a person, a Level 6 felony if it causes
644	639		bodily injury to a person, and a Level 5 felony if it results in the
645	640		death of any person.
646	641		(b) (c) A person who operates a vehicle and who recklessly passes
647	642		a school bus stopped on a roadway or a private road when the arm
648	643		signal device specified in IC 9-21-12-13 is in the device's extended
649	644		position commits a Class A misdemeanor. However, the offense is a
650	645		Level 6 felony if it causes bodily injury to a person, and a Level 5
651	646		felony if it causes the death of a person.
652	647		(c) (d) If an offense under:
653	648		(1) subsection (a) results in damage to the property of another
654	649		person, it is a Class B misdemeanor and the court may
655	650		SB 240—LS 6906/DI 106 16
656	651		recommend the suspension of the current driving license of the
657	652		person convicted of the offense described in subsection (a) for a
658	653		fixed period of not more than one (1) year; and
659	654		(2) subsection (b) results in damage to the property of another
660	655		person, the court may recommend the suspension of the
661	656		current driving license of the person convicted of the offense
662	657		described in subsection (b) for a fixed period of not more than
663	658		one (1) year.
664	659		(d) (e) If an offense under subsection (a) or (b) causes bodily injury
665	660		to a person, the court may recommend the suspension of the driving
666	661		privileges of the person convicted of the offense described in this
667	662		subsection for a fixed period of not more than one (1) year.
668	663		(e) (f) In addition to any other penalty imposed under subsection (b),
669	664		subsection (c), the court may suspend the person's driving privileges:
670	665		(1) for ninety (90) days; or
671	666		(2) if the person has committed at least one (1) previous offense
672	667		under this section or IC 9-21-12-1, for one (1) year.
673	668		SECTION 2. IC 9-21-12-1, AS AMENDED BY P.L.144-2019,
674	669		SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
675	670		JULY 1, 2024]: Sec. 1. (a) A person who drives a vehicle that:
676	671		(1) meets or overtakes from any direction a school bus stopped on
677	672		a roadway or a private road and is not stopped before reaching the
678	673		school bus when the arm signal device specified in IC 9-21-12-13
679	674		is in the device's extended position; or
680	675		(2) proceeds before the arm signal device is no longer extended;
681	676		commits a Class A infraction.
682	677		(b) In addition to any other penalty imposed under this section, the
683	678		court may suspend the person's driving privileges:
684	679		(1) for ninety (90) days; or
685	680		(2) if the person has committed at least one (1) previous offense
686	681		under this section or IC 9-21-8-52(b), IC 9-21-8-52(c), for one (1)
687	682		year.
688	683		(c) This section is applicable only if the school bus is in substantial
689	684		compliance with the markings required by the state school bus
690	685		committee.
691	686		(d) There is a rebuttable presumption that the owner of the vehicle
692	687		involved in the violation of this section committed the violation. This
693	688		presumption does not apply to the owner of a vehicle involved in the
694	689		violation of this section if the owner routinely engages in the business
695	690		of renting the vehicle for periods of thirty (30) days or less.
696	691		SECTION 3. IC 9-30-2-2, AS AMENDED BY P.L.144-2019,
697	692		SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
698	693		SB 240—LS 6906/DI 106 17
699	694		JULY 1, 2024]: Sec. 2. (a) Except as provided in subsection (b), a law
700	695		enforcement officer may not arrest or issue a traffic information and
701	696		summons to a person for a violation of an Indiana law regulating the
702	697		use and operation of a motor vehicle on a highway or an ordinance of
703	698		a city or town regulating the use and operation of a motor vehicle on a
704	699		highway unless at the time of the arrest the officer is:
705	700		(1) wearing a distinctive uniform and a badge of authority; or
706	701		(2) operating a motor vehicle that is clearly marked as a police
707	702		vehicle;
708	703		that will clearly show the officer or the officer's vehicle to casual
709	704		observations to be an officer or a police vehicle.
710	705		(b) Subsection (a) does not apply to an officer in an unmarked
711	706		police vehicle making an arrest or issuing a traffic information and
712	707		summons:
713	708		(1) when there is a uniformed officer present at the time of the
714	709		arrest; or
715	710		(2) for a violation of one (1) or more of the following:
716	711		(A) IC 9-21-8-52(a)(1)(A) (reckless driving causing
717	712		endangerment).
718	713		(B) IC 9-21-8-52(b) (reckless driving involving a rotational
719	714		skid).
720	715		(B) (C) IC 9-21-8-52(b) IC 9-21-8-52(c) as a Level 6 felony
721	716		(recklessly passing a stopped school bus resulting in bodily
722	717		injury).
723	718		(C) (D) IC 9-21-8-52(b) IC 9-21-8-52(c) as a Level 5 felony
724	719		(recklessly passing a stopped school bus resulting in death).
725	720		(D) (E) IC 9-30-5-2(b) as a Class A misdemeanor (operating
726	721		while intoxicated in a manner that endangers a person).
727	722		SECTION 4. IC 9-30-16-1, AS AMENDED BY P.L.111-2021,
728	723		SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
729	724		JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (b), the
730	725		following are ineligible for specialized driving privileges under this
731	726		chapter:
732	727		(1) A person who has never been an Indiana resident.
733	728		(2) A person seeking specialized driving privileges with respect
734	729		to a suspension based on the person's refusal to submit to a
735	730		chemical test offered under IC 9-30-6 or IC 9-30-7. However, a
736	731		court may grant this person driving privileges under
737	732		IC 9-30-6-8(d).
738	733		(3) A person whose driving privileges have been suspended or
739	734		revoked under IC 9-24-10-7(b)(2)(A).
740	735		(4) A person whose driving privileges have been suspended under
741	736		SB 240—LS 6906/DI 106 18
742	737		IC 9-21-8-52(e) IC 9-21-8-52(f) or IC 9-21-12-1(b).
743	738		(b) This chapter applies to the following:
744	739		(1) A person who held a driver's license (issued under IC 9-24-3),
745	740		or a commercial driver's, a public passenger chauffeur's, or a
746	741		chauffeur's license at the time of:
747	742		(A) the criminal conviction for which the operation of a motor
748	743		vehicle is an element of the offense;
749	744		(B) any criminal conviction for an offense under IC 9-30-5,
750	745		IC 35-46-9, or IC 14-15-8 (before its repeal); or
751	746		(C) committing the infraction of exceeding a worksite speed
752	747		limit for the second time in one (1) year under IC 9-21-5-11(f).
753	748		(2) A person who:
754	749		(A) has never held a valid Indiana driver's license or does not
755	750		currently hold a valid Indiana learner's permit; and
756	751		(B) was an Indiana resident when the driving privileges for
757	752		which the person is seeking specialized driving privileges
758	753		were suspended.
759	754		(c) Except as specifically provided in this chapter, a court may
760	755		suspend the driving privileges of a person convicted of any of the
761	756		following offenses for a period up to the maximum allowable period of
762	757		incarceration under the penalty for the offense:
763	758		(1) Any criminal conviction in which the operation of a motor
764	759		vehicle is an element of the offense.
765	760		(2) Any criminal conviction for an offense under IC 9-30-5,
766	761		IC 35-46-9, or IC 14-15-8 (before its repeal).
767	762		(3) Any offense under IC 35-42-1, IC 35-42-2, or IC 35-44.1-3-1
768	763		that involves the use of a vehicle.
769	764		(d) Except as provided in section 3.5 of this chapter, a suspension
770	765		of driving privileges under this chapter may begin before the
771	766		conviction. Multiple suspensions of driving privileges ordered by a
772	767		court that are part of the same episode of criminal conduct shall be
773	768		served concurrently. A court may grant credit time for any suspension
774	769		that began before the conviction, except as prohibited by section
775	770		6(a)(2) of this chapter.
776	771		(e) If a person has had an ignition interlock device installed as a
777	772		condition of specialized driving privileges or under IC 9-30-6-8(d), the
778	773		period of the installation shall be credited as part of the suspension of
779	774		driving privileges.
780	775		(f) This subsection applies to a person described in subsection
781	776		(b)(2). A court shall, as a condition of granting specialized driving
782	777		privileges to the person, require the person to apply for and obtain an
783	778		Indiana driver's license.
784	779		SB 240—LS 6906/DI 106 19
785	780		(g) If a person indicates to the court at an initial hearing (as
786	781		described in IC 35-33-7) that the person intends to file a petition for a
787	782		specialized driving privileges hearing with that court under section 3
788	783		or 4 of this chapter, the following apply:
789	784		(1) The court shall:
790	785		(A) stay the suspension of the person's driving privileges at the
791	786		initial hearing and shall not submit the probable cause
792	787		affidavit related to the person's offense to the bureau; and
793	788		(B) set the matter for a specialized driving privileges hearing
794	789		not later than thirty (30) days after the initial hearing.
795	790		(2) If the person does not file a petition for a specialized driving
796	791		privileges hearing not later than ten (10) days after the date of the
797	792		initial hearing, the court shall lift the stay of the suspension of the
798	793		person's driving privileges and shall submit the probable cause
799	794		affidavit related to the person's offense to the bureau for
800	795		automatic suspension.
801	796		(3) If the person files a petition for a specialized driving privileges
802	797		hearing not later than ten (10) days after the initial hearing, the
803	798		stay of the suspension of the person's driving privileges continues
804	799		until the matter is heard and a determination is made by the court
805	800		at the specialized driving privileges hearing.
806	801		(4) If the specialized driving privileges hearing is continued due
807	802		to:
808	803		(A) a congestion of the court calendar;
809	804		(B) the prosecuting attorney's motion for a continuance; or
810	805		(C) the person's motion for a continuance with no objection by
811	806		the prosecuting attorney;
812	807		the stay of the suspension of the person's driving privileges
813	808		continues until addressed at the next hearing.
814	809		(5) If the person moves for a continuance of the specialized
815	810		driving privileges hearing and the court grants the continuance
816	811		over the prosecuting attorney's objection, the court shall lift the
817	812		stay of the suspension of the person's driving privileges and shall
818	813		submit the probable cause affidavit related to the person's offense
819	814		to the bureau for automatic suspension.
820	815		SECTION 5. IC 33-37-5-18, AS AMENDED BY P.L.156-2020,
821	816		SECTION 123, IS AMENDED TO READ AS FOLLOWS
822	817		[EFFECTIVE JULY 1, 2024]: Sec. 18. (a) In each criminal action in
823	818		which a person is convicted of an offense in which the possession or
824	819		use of a firearm was an element of the offense, the court shall assess a
825	820		safe schools fee of at least two hundred dollars ($200) and not more
826	821		than one thousand dollars ($1,000).
827	822		SB 240—LS 6906/DI 106 20
828	823		(b) For each offense described in IC 9-21-8-52(b), IC 9-21-8-52(c),
829	824		the court may assess a safe schools fee of at least two hundred dollars
830	825		($200) and not more than one thousand dollars ($1,000).
831	826		(c) In determining the amount of the safe schools fee assessed
832	827		against a person under subsection (a), a court shall consider the
833	828		person's ability to pay the fee.
834	829		(d) The clerk shall collect the safe schools fee set by the court when
835	830		a person is convicted of an offense:
836	831		(1) in which the possession or use of a firearm was an element of
837	832		the offense; or
838	833		(2) described in IC 9-21-8-52(b) IC 9-21-8-52(c) and the court
839	834		assesses a safe schools fee under subsection (b).".
840	835		Page 5, delete lines 12 through 14, begin a new line double block
841	836		indented and insert:
842	837		"(A) reckless driving involving a rotational skid under
843	838		IC 9-21-8-52(b); or
844	839		(B) obstruction of traffic committed in connection with
845	840		reckless driving involving a rotational skid under
846	841		IC 9-21-8-52(b);
847	842		if the person has a prior conviction for an offense described in
848	843		this subdivision.".
849	844		Page 6, delete lines 20 through 42.
850	845		Page 7, delete lines 1 through 33.
851	846		Page 8, line 1, delete "spinning (IC" and insert "driving involving
852	847		a rotational skid under IC 9-21-8-52(b);".
853	848		Page 8, delete line 2.
854	849		Page 8, between lines 20 and 21, begin a new paragraph and insert:
855	850		"SECTION 4. IC 35-44.1-3-1, AS AMENDED BY P.L.174-2021,
856	851		SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
857	852		JULY 1, 2024]: Sec. 1. (a) A person who knowingly or intentionally:
858	853		(1) forcibly resists, obstructs, or interferes with a law enforcement
859	854		officer or a person assisting the officer while the officer is
860	855		lawfully engaged in the execution of the officer's duties;
861	856		(2) forcibly resists, obstructs, or interferes with the authorized
862	857		service or execution of a civil or criminal process or order of a
863	858		court; or
864	859		(3) flees from a law enforcement officer after the officer has, by
865	860		visible or audible means, including operation of the law
866	861		enforcement officer's siren or emergency lights, identified himself
867	862		or herself and ordered the person to stop;
868	863		commits resisting law enforcement, a Class A misdemeanor, except as
869	864		provided in subsection (c).
870	865		SB 240—LS 6906/DI 106 21
871	866		(b) A person who, having been denied entry by a firefighter, an
872	867		emergency medical services provider, or a law enforcement officer,
873	868		knowingly or intentionally enters an area that is marked off with barrier
874	869		tape or other physical barriers, commits interfering with public safety,
875	870		a Class B misdemeanor, except as provided in subsection (c) or (k).
876	871		(c) The offense under subsection (a) or (b) is a:
877	872		(1) Level 6 felony if:
878	873		(A) the person uses a vehicle to commit the offense; or
879	874		(B) while committing the offense, the person:
880	875		(i) draws or uses a deadly weapon; or
881	876		(ii) inflicts bodily injury on or otherwise causes bodily injury
882	877		to another person. or
883	878		(iii) operates a vehicle in a manner that creates a substantial
884	879		risk of bodily injury to another person;
885	880		(2) Level 5 felony if:
886	881		(A) while committing the offense, the person operates a
887	882		vehicle in a manner that:
888	883		(i) causes serious bodily injury to another person; or
889	884		(ii) creates a substantial risk of bodily injury to another
890	885		person; or
891	886		(B) the person uses a vehicle to commit the offense and the
892	887		person has a prior unrelated conviction under this section
893	888		involving the use of a vehicle in the commission of the
894	889		offense;
895	890		(3) Level 3 felony if, while committing the offense, the person
896	891		operates a vehicle in a manner that causes the death or
897	892		catastrophic injury of another person; and
898	893		(4) Level 2 felony if, while committing any offense described in
899	894		subsection (a), the person operates a vehicle in a manner that
900	895		causes the death or catastrophic injury of a firefighter, an
901	896		emergency medical services provider, or a law enforcement
902	897		officer while the firefighter, emergency medical services provider,
903	898		or law enforcement officer is engaged in the firefighter's,
904	899		emergency medical services provider's, or officer's official duties.
905	900		(d) The offense under subsection (a) is a Level 6 felony if, while
906	901		committing an offense under:
907	902		(1) subsection (a)(1) or (a)(2), the person:
908	903		(A) creates a substantial risk of bodily injury to the person or
909	904		another person; and
910	905		(B) has two (2) or more prior unrelated convictions under
911	906		subsection (a); or
912	907		(2) subsection (a)(3), the person has two (2) or more prior
913	908		SB 240—LS 6906/DI 106 22
914	909		unrelated convictions under subsection (a).
915	910		(e) If a person uses a vehicle to commit a felony offense under
916	911		subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
917	912		penalty imposed for the offense, the court shall impose a minimum
918	913		executed sentence of at least:
919	914		(1) thirty (30) days, if the person does not have a prior unrelated
920	915		conviction under this section;
921	916		(2) one hundred eighty (180) days, if the person has one (1) prior
922	917		unrelated conviction under this section; or
923	918		(3) one (1) year, if the person has two (2) or more prior unrelated
924	919		convictions under this section.
925	920		(f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
926	921		minimum sentence imposed under subsection (e) may not be
927	922		suspended.
928	923		(g) If a person is convicted of an offense involving the use of a
929	924		motor vehicle under:
930	925		(1) subsection (c)(1)(A), if the person exceeded the speed limit by
931	926		at least twenty (20) miles per hour while committing the offense;
932	927		(2) subsection (c)(2); or
933	928		(3) subsection (c)(3);
934	929		the court may notify the bureau of motor vehicles to suspend or revoke
935	930		the person's driver's license and all certificates of registration and
936	931		license plates issued or registered in the person's name in accordance
937	932		with IC 9-30-4-6.1(b) for the period described in IC 9-30-4-6.1(d)(1)
938	933		or IC 9-30-4-6.1(d)(2). The court shall inform the bureau whether the
939	934		person has been sentenced to a term of incarceration. At the time of
940	935		conviction, the court may obtain the person's current driver's license
941	936		and return the license to the bureau of motor vehicles.
942	937		(h) A person may not be charged or convicted of a crime under
943	938		subsection (a)(3) if the law enforcement officer is a school resource
944	939		officer acting in the officer's capacity as a school resource officer.
945	940		(i) A person who commits an offense described in subsection (c)
946	941		commits a separate offense for each person whose bodily injury,
947	942		serious bodily injury, catastrophic injury, or death is caused by a
948	943		violation of subsection (c).
949	944		(j) A court may order terms of imprisonment imposed on a person
950	945		convicted of more than one (1) offense described in subsection (c) to
951	946		run consecutively. Consecutive terms of imprisonment imposed under
952	947		this subsection are not subject to the sentencing restrictions set forth in
953	948		IC 35-50-1-2(c) through IC 35-50-1-2(d).
954	949		(k) As used in this subsection, "family member" means a child,
955	950		grandchild, parent, grandparent, or spouse of the person. It is a defense
956	951		SB 240—LS 6906/DI 106 23
957	952		to a prosecution under subsection (b) that the person reasonably
958	953		believed that the person's family member:
959	954		(1) was in the marked off area; and
960	955		(2) had suffered bodily injury or was at risk of suffering bodily
961	956		injury;
962	957		if the person is not charged as a defendant in connection with the
963	958		offense, if applicable, that caused the area to be secured by barrier tape
964	959		or other physical barriers.".
965	960		Page 8, delete lines 21 through 35.
966	961		Renumber all SECTIONS consecutively.
967	962		and when so amended that said bill do pass.
968	963		(Reference is to SB 240 as introduced.)
969	964		FREEMAN, Chairperson
970	965		Committee Vote: Yeas 5, Nays 1.
971		-	_____
972		-	SENATE MOTION
973		-	Madam President: I move that Senate Bill 240 be amended to read
974		-	as follows:
975		-	Page 5, line 17, strike "at an initial hearing (as".
976		-	Page 5, line 18, strike "described in IC 35-33-7)".
977		-	(Reference is to SB 240 as printed January 31, 2024.)
978		-	KOCH
979	966		SB 240—LS 6906/DI 106