| 1 | + | *EH1114.1* |
---|
| 2 | + | March 19, 2025 |
---|
| 3 | + | ENGROSSED |
---|
| 4 | + | HOUSE BILL No. 1114 |
---|
| 5 | + | _____ |
---|
| 6 | + | DIGEST OF HB 1114 (Updated March 18, 2025 12:03 pm - DI 106) |
---|
| 7 | + | Citations Affected: IC 9-17; IC 9-18.1; IC 9-24; IC 35-52. |
---|
| 8 | + | Synopsis: Driving without a license. Adds the following criminal |
---|
| 9 | + | offenses for an individual who knowingly or intentionally operates a |
---|
| 10 | + | motor vehicle on a highway and has never received a valid driver's |
---|
| 11 | + | license: (1) A Class A misdemeanor if the operation of the motor |
---|
| 12 | + | vehicle results in bodily injury. (2) A Level 6 felony if the operation of |
---|
| 13 | + | the motor vehicle results in serious bodily injury. (3) A Level 5 felony |
---|
| 14 | + | if the operation of the motor vehicle results in the death or catastrophic |
---|
| 15 | + | injury of another person. Makes it a Class A misdemeanor to: (1) apply |
---|
| 16 | + | for a driver's license or permit with the intent to transfer the license or |
---|
| 17 | + | permit to an individual not entitled to the license or permit; or (2) |
---|
| 18 | + | register or apply for a certificate of title to a motor vehicle with the |
---|
| 19 | + | intent to permit an individual not entitled to a driver's license or permit |
---|
| 20 | + | to operate the vehicle. Increases the penalty to a Level 6 felony if the |
---|
| 21 | + | offense involves at least two individuals or motor vehicles, or if the |
---|
| 22 | + | person uses a business organization or nonprofit organization to |
---|
| 23 | + | commit the offense. |
---|
| 24 | + | Effective: July 1, 2025. |
---|
| 25 | + | Zimmerman, Lucas, Bascom |
---|
| 26 | + | (SENATE SPONSORS — KOCH, CARRASCO) |
---|
| 27 | + | January 8, 2025, read first time and referred to Committee on Courts and Criminal Code. |
---|
| 28 | + | February 6, 2025, amended, reported — Do Pass. |
---|
| 29 | + | February 10, 2025, read second time, ordered engrossed. |
---|
| 30 | + | February 11, 2025, engrossed. |
---|
| 31 | + | February 13, 2025, read third time, passed. Yeas 69, nays 24. |
---|
| 32 | + | SENATE ACTION |
---|
| 33 | + | February 20, 2025, read first time and referred to Committee on Corrections and Criminal |
---|
| 34 | + | Law. |
---|
| 35 | + | March 18, 2025, amended, reported favorably — Do Pass. |
---|
| 36 | + | EH 1114—LS 6364/DI 137 March 19, 2025 |
---|
14 | | - | SECTION 1. IC 9-17-2-15.2 IS ADDED TO THE INDIANA CODE |
---|
15 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
16 | | - | 1, 2025]: Sec. 15.2. A person who knowingly or intentionally applies |
---|
17 | | - | for or receives a certificate of title to a motor vehicle with intent to |
---|
18 | | - | permit an individual who is not entitled to a driver's license or |
---|
19 | | - | permit to operate the motor vehicle commits fraud involving a |
---|
20 | | - | motor vehicle certificate of title, a Class A misdemeanor. However, |
---|
21 | | - | the offense is a Level 6 felony if: |
---|
| 52 | + | 1 SECTION 1. IC 9-17-2-15.2 IS ADDED TO THE INDIANA CODE |
---|
| 53 | + | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 54 | + | 3 1, 2025]: Sec. 15.2. A person who knowingly or intentionally applies |
---|
| 55 | + | 4 for or receives a certificate of title to a motor vehicle with intent to |
---|
| 56 | + | 5 permit an individual who is not entitled to a driver's license or |
---|
| 57 | + | 6 permit to operate the motor vehicle commits fraud involving a |
---|
| 58 | + | 7 motor vehicle certificate of title, a Class A misdemeanor. However, |
---|
| 59 | + | 8 the offense is a Level 6 felony if: |
---|
| 60 | + | 9 (1) the person uses a business or nonprofit organization to |
---|
| 61 | + | 10 commit or facilitate the commission of the offense; or |
---|
| 62 | + | 11 (2) the offense involves an application or certificate of title for |
---|
| 63 | + | 12 at least two (2) motor vehicles. |
---|
| 64 | + | 13 SECTION 2. IC 9-18.1-3-11 IS ADDED TO THE INDIANA CODE |
---|
| 65 | + | 14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 66 | + | 15 1, 2025]: Sec. 11. A person who knowingly or intentionally registers |
---|
| 67 | + | 16 or applies to register a motor vehicle or receives a certificate of |
---|
| 68 | + | 17 registration or proof of registration with intent to permit an |
---|
| 69 | + | EH 1114—LS 6364/DI 137 2 |
---|
| 70 | + | 1 individual who is not entitled to a driver's license or permit to |
---|
| 71 | + | 2 operate the motor vehicle commits fraud involving a motor vehicle |
---|
| 72 | + | 3 registration, a Class A misdemeanor. However, the offense is a |
---|
| 73 | + | 4 Level 6 felony if: |
---|
| 74 | + | 5 (1) the person uses a business or nonprofit organization to |
---|
| 75 | + | 6 commit or facilitate the commission of the offense; or |
---|
| 76 | + | 7 (2) the offense involves an application, certificate of |
---|
| 77 | + | 8 registration, or proof of registration for at least two (2) motor |
---|
| 78 | + | 9 vehicles. |
---|
| 79 | + | 10 SECTION 3. IC 9-24-18-1, AS AMENDED BY P.L.111-2021, |
---|
| 80 | + | 11 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 81 | + | 12 JULY 1, 2025]: Sec. 1. (a) An individual, except an individual |
---|
| 82 | + | 13 exempted under IC 9-24-1-7, who knowingly or intentionally operates |
---|
| 83 | + | 14 a motor vehicle upon a highway and has never received a valid driver's |
---|
| 84 | + | 15 license commits a Class C misdemeanor. However, the offense is a: |
---|
| 85 | + | 16 (1) Class A misdemeanor if the individual has a prior unrelated |
---|
| 86 | + | 17 conviction under this section; |
---|
| 87 | + | 18 (2) Class A misdemeanor if the operation of the motor vehicle |
---|
| 88 | + | 19 results in bodily injury; |
---|
| 89 | + | 20 (3) Level 6 felony if the operation of the motor vehicle results |
---|
| 90 | + | 21 in serious bodily injury; or |
---|
| 91 | + | 22 (4) Level 5 felony if the operation of the motor vehicle results |
---|
| 92 | + | 23 in the death or catastrophic injury of another person. |
---|
| 93 | + | 24 (b) In a prosecution under this section, the burden is on the |
---|
| 94 | + | 25 defendant to prove by a preponderance of the evidence that the |
---|
| 95 | + | 26 defendant: |
---|
| 96 | + | 27 (1) had been issued a driver's license or permit that was valid; or |
---|
| 97 | + | 28 (2) was operating a motor driven cycle; |
---|
| 98 | + | 29 at the time of the alleged offense. However, it is not a defense under |
---|
| 99 | + | 30 subdivision (2) if the defendant was operating the motor driven cycle |
---|
| 100 | + | 31 in violation of IC 9-21-11-12. |
---|
| 101 | + | 32 SECTION 4. IC 9-24-18-2.2 IS ADDED TO THE INDIANA CODE |
---|
| 102 | + | 33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 103 | + | 34 1, 2025]: Sec. 2.2. A person who applies for or receives a driver's |
---|
| 104 | + | 35 license or permit, with the intent to transfer, directly or indirectly, |
---|
| 105 | + | 36 the driver's license or permit to an individual not entitled to use a |
---|
| 106 | + | 37 driver's license or permit, commits fraudulent transfer of a |
---|
| 107 | + | 38 driver's license, a Class A misdemeanor. However, the offense is a |
---|
| 108 | + | 39 Level 6 felony if: |
---|
| 109 | + | 40 (1) the person uses a business or nonprofit organization to |
---|
| 110 | + | 41 commit or facilitate the commission of the offense; or |
---|
| 111 | + | 42 (2) the person transfers or attempts to transfer the driver's |
---|
| 112 | + | EH 1114—LS 6364/DI 137 3 |
---|
| 113 | + | 1 license or permit to at least two (2) individuals. |
---|
| 114 | + | 2 SECTION 5. IC 9-24-18-3, AS AMENDED BY P.L.198-2016, |
---|
| 115 | + | 3 SECTION 529, IS AMENDED TO READ AS FOLLOWS |
---|
| 116 | + | 4 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) A person that has a motor |
---|
| 117 | + | 5 vehicle in the person's custody may not cause or knowingly permit an |
---|
| 118 | + | 6 individual to operate the vehicle upon a highway unless the individual |
---|
| 119 | + | 7 holds a valid driver's license or permit under this article for the type of |
---|
| 120 | + | 8 motor vehicle that the individual is operating. |
---|
| 121 | + | 9 (b) A person that violates this section commits a Class C infraction. |
---|
| 122 | + | 10 SECTION 6. IC 35-52-9.1-2.2 IS ADDED TO THE INDIANA |
---|
| 123 | + | 11 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 124 | + | 12 [EFFECTIVE JULY 1, 2025]: Sec. 2.2. IC 9-17-2-15.2 defines a |
---|
| 125 | + | 13 crime concerning certificates of title. |
---|
| 126 | + | 14 SECTION 7. IC 35-52-9.1-3.5 IS ADDED TO THE INDIANA |
---|
| 127 | + | 15 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 128 | + | 16 [EFFECTIVE JULY 1, 2025]: Sec. 3.5. IC 9-18.1-3-11 defines a |
---|
| 129 | + | 17 crime concerning motor vehicle registration and license plates. |
---|
| 130 | + | 18 SECTION 8. IC 35-52-9.1-39.2 IS ADDED TO THE INDIANA |
---|
| 131 | + | 19 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 132 | + | 20 [EFFECTIVE JULY 1, 2025]: Sec. 39.2. IC 9-24-18-2.2 defines a |
---|
| 133 | + | 21 crime concerning driver's licenses. |
---|
| 134 | + | EH 1114—LS 6364/DI 137 4 |
---|
| 135 | + | COMMITTEE REPORT |
---|
| 136 | + | Mr. Speaker: Your Committee on Courts and Criminal Code, to |
---|
| 137 | + | which was referred House Bill 1114, has had the same under |
---|
| 138 | + | consideration and begs leave to report the same back to the House with |
---|
| 139 | + | the recommendation that said bill be amended as follows: |
---|
| 140 | + | Page 1, between the enacting clause and line 1, begin a new |
---|
| 141 | + | paragraph and insert: |
---|
| 142 | + | "SECTION 1. IC 9-17-2-15.2 IS ADDED TO THE INDIANA |
---|
| 143 | + | CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 144 | + | [EFFECTIVE JULY 1, 2025]: Sec. 15.2. A person who knowingly or |
---|
| 145 | + | intentionally applies for or receives a certificate of title to a motor |
---|
| 146 | + | vehicle with intent to permit an individual who is not entitled to a |
---|
| 147 | + | driver's license or permit to operate the motor vehicle commits |
---|
| 148 | + | fraud involving a motor vehicle certificate of title, a Class A |
---|
| 149 | + | misdemeanor. However, the offense is a Level 6 felony if: |
---|
40 | | - | vehicles. |
---|
41 | | - | SECTION 3. IC 9-24-18-1, AS AMENDED BY P.L.111-2021, |
---|
42 | | - | SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
43 | | - | JULY 1, 2025]: Sec. 1. (a) An individual, except an individual |
---|
44 | | - | exempted under IC 9-24-1-7, who knowingly or intentionally operates |
---|
45 | | - | a motor vehicle upon a highway and has never received a valid driver's |
---|
46 | | - | license commits a Class C misdemeanor. However, the offense is a: |
---|
47 | | - | (1) Class A misdemeanor if the individual has a prior unrelated |
---|
48 | | - | conviction under this section; |
---|
49 | | - | (2) Class A misdemeanor if the operation of the motor vehicle |
---|
50 | | - | results in bodily injury; |
---|
51 | | - | (3) Level 6 felony if the operation of the motor vehicle results |
---|
52 | | - | in serious bodily injury; or |
---|
53 | | - | (4) Level 5 felony if the operation of the motor vehicle results |
---|
54 | | - | in the death or catastrophic injury of another person. |
---|
55 | | - | (b) In a prosecution under this section, the burden is on the |
---|
56 | | - | defendant to prove by a preponderance of the evidence that the |
---|
57 | | - | defendant: |
---|
58 | | - | (1) had been issued a driver's license or permit that was valid; or |
---|
59 | | - | (2) was operating a motor driven cycle; |
---|
60 | | - | at the time of the alleged offense. However, it is not a defense under |
---|
61 | | - | subdivision (2) if the defendant was operating the motor driven cycle |
---|
62 | | - | in violation of IC 9-21-11-12. |
---|
63 | | - | SECTION 4. IC 9-24-18-2.2 IS ADDED TO THE INDIANA CODE |
---|
64 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
65 | | - | 1, 2025]: Sec. 2.2. A person who applies for or receives a driver's |
---|
66 | | - | license or permit, with the intent to transfer, directly or indirectly, |
---|
67 | | - | the driver's license or permit to an individual not entitled to use a |
---|
68 | | - | driver's license or permit, commits fraudulent transfer of a |
---|
69 | | - | driver's license, a Class A misdemeanor. However, the offense is a |
---|
70 | | - | Level 6 felony if: |
---|
| 167 | + | vehicles.". |
---|
| 168 | + | Page 2, after line 5, begin a new paragraph and insert: |
---|
| 169 | + | "SECTION 4. IC 9-24-18-2.2 IS ADDED TO THE INDIANA |
---|
| 170 | + | CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 171 | + | [EFFECTIVE JULY 1, 2025]: Sec. 2.2. A person who applies for or |
---|
| 172 | + | receives a driver's license or permit, with the intent to transfer, |
---|
| 173 | + | directly or indirectly, the driver's license or permit to an individual |
---|
| 174 | + | not entitled to use a driver's license or permit, commits fraudulent |
---|
| 175 | + | transfer of a driver's license, a Class A misdemeanor. However, the |
---|
| 176 | + | offense is a Level 6 felony if: |
---|
| 177 | + | EH 1114—LS 6364/DI 137 5 |
---|
84 | | - | SECTION 6. IC 35-52-9.1-2.2 IS ADDED TO THE INDIANA |
---|
| 190 | + | SECTION 6. IC 9-26-1-11 IS ADDED TO THE INDIANA CODE |
---|
| 191 | + | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 192 | + | 1, 2025]: Sec. 11. If an individual: |
---|
| 193 | + | (1) operates a motor vehicle without valid driving privileges; |
---|
| 194 | + | and |
---|
| 195 | + | (2) is involved in a motor vehicle accident for which the |
---|
| 196 | + | individual is at fault; |
---|
| 197 | + | the individual or the registered owner of the motor vehicle used by |
---|
| 198 | + | the individual shall pay the deductible for the motor vehicle |
---|
| 199 | + | insurance policy of any person involved in the accident that is not |
---|
| 200 | + | at fault. |
---|
| 201 | + | SECTION 7. IC 9-30-2-9 IS ADDED TO THE INDIANA CODE |
---|
| 202 | + | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 203 | + | 1, 2025]: Sec. 9. (a) A motor vehicle shall be impounded if an |
---|
| 204 | + | individual operates the motor vehicle in violation of one (1) or |
---|
| 205 | + | more of the following and no other person occupying the vehicle |
---|
| 206 | + | has valid driving privileges: |
---|
| 207 | + | (1) Operating a motor vehicle without financial responsibility |
---|
| 208 | + | under IC 9-25-8-2. |
---|
| 209 | + | (2) Operating a motor vehicle without a valid certificate of |
---|
| 210 | + | registration under IC 9-18.1-3-2(d). |
---|
| 211 | + | (3) Operating a motor vehicle without valid driving privileges. |
---|
| 212 | + | (b) An individual who operates a motor vehicle impounded |
---|
| 213 | + | under subsection (a) may not obtain possession of the motor vehicle |
---|
| 214 | + | until the individual provides proof of financial responsibility, a |
---|
| 215 | + | valid certificate of registration, and valid driving privileges. |
---|
| 216 | + | SECTION 8. IC 35-52-9.1-2.2 IS ADDED TO THE INDIANA |
---|