Indiana 2025 Regular Session

Indiana House Bill HB1114 Compare Versions

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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
137 First Regular Session of the 124th General Assembly (2025)
238 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
339 Constitution) is being amended, the text of the existing provision will appear in this style type,
440 additions will appear in this style type, and deletions will appear in this style type.
541 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
642 provision adopted), the text of the new provision will appear in this style type. Also, the
743 word NEW will appear in that style type in the introductory clause of each SECTION that adds
844 a new provision to the Indiana Code or the Indiana Constitution.
945 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1046 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1114
12-AN ACT to amend the Indiana Code concerning motor vehicles.
47+ENGROSSED
48+HOUSE BILL No. 1114
49+A BILL FOR AN ACT to amend the Indiana Code concerning
50+motor vehicles.
1351 Be it enacted by the General Assembly of the State of Indiana:
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:
22150 (1) the person uses a business or nonprofit organization to
23151 commit or facilitate the commission of the offense; or
24152 (2) the offense involves an application or certificate of title for
25153 at least two (2) motor vehicles.
26154 SECTION 2. IC 9-18.1-3-11 IS ADDED TO THE INDIANA CODE
27155 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
28156 1, 2025]: Sec. 11. A person who knowingly or intentionally registers
29157 or applies to register a motor vehicle or receives a certificate of
30158 registration or proof of registration with intent to permit an
31159 individual who is not entitled to a driver's license or permit to
32160 operate the motor vehicle commits fraud involving a motor vehicle
33161 registration, a Class A misdemeanor. However, the offense is a
34162 Level 6 felony if:
35163 (1) the person uses a business or nonprofit organization to
36-HEA 1114 — Concur 2
37164 commit or facilitate the commission of the offense; or
38165 (2) the offense involves an application, certificate of
39166 registration, or proof of registration for at least two (2) motor
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
71178 (1) the person uses a business or nonprofit organization to
72179 commit or facilitate the commission of the offense; or
73180 (2) the person transfers or attempts to transfer the driver's
74181 license or permit to at least two (2) individuals.
75182 SECTION 5. IC 9-24-18-3, AS AMENDED BY P.L.198-2016,
76183 SECTION 529, IS AMENDED TO READ AS FOLLOWS
77184 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) A person that has a motor
78185 vehicle in the person's custody may not cause or knowingly permit an
79-HEA 1114 — Concur 3
80186 individual to operate the vehicle upon a highway unless the individual
81187 holds a valid driver's license or permit under this article for the type of
82188 motor vehicle that the individual is operating.
83189 (b) A person that violates this section commits a Class C infraction.
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
85217 CODE AS A NEW SECTION TO READ AS FOLLOWS
86218 [EFFECTIVE JULY 1, 2025]: Sec. 2.2. IC 9-17-2-15.2 defines a
87219 crime concerning certificates of title.
88-SECTION 7. IC 35-52-9.1-3.5 IS ADDED TO THE INDIANA
220+EH 1114—LS 6364/DI 137 6
221+SECTION 9. IC 35-52-9.1-3.5 IS ADDED TO THE INDIANA
89222 CODE AS A NEW SECTION TO READ AS FOLLOWS
90223 [EFFECTIVE JULY 1, 2025]: Sec. 3.5. IC 9-18.1-3-11 defines a
91224 crime concerning motor vehicle registration and license plates.
92-SECTION 8. IC 35-52-9.1-39.2 IS ADDED TO THE INDIANA
225+SECTION 10. IC 35-52-9.1-39.2 IS ADDED TO THE INDIANA
93226 CODE AS A NEW SECTION TO READ AS FOLLOWS
94227 [EFFECTIVE JULY 1, 2025]: Sec. 39.2. IC 9-24-18-2.2 defines a
95-crime concerning driver's licenses.
96-HEA 1114 — Concur Speaker of the House of Representatives
97-President of the Senate
98-President Pro Tempore
99-Governor of the State of Indiana
100-Date: Time:
101-HEA 1114 — Concur
228+crime concerning driver's licenses.".
229+Renumber all SECTIONS consecutively.
230+and when so amended that said bill do pass.
231+(Reference is to HB 1114 as introduced.)
232+MCNAMARA
233+Committee Vote: yeas 10, nays 3.
234+_____
235+COMMITTEE REPORT
236+Mr. President: The Senate Committee on Corrections and Criminal
237+Law, to which was referred House Bill No. 1114, has had the same
238+under consideration and begs leave to report the same back to the
239+Senate with the recommendation that said bill be AMENDED as
240+follows:
241+Page 3, delete lines 10 through 35.
242+Renumber all SECTIONS consecutively.
243+and when so amended that said bill do pass.
244+(Reference is to HB 1114 as printed February 6, 2025.)
245+FREEMAN, Chairperson
246+Committee Vote: Yeas 7, Nays 2.
247+EH 1114—LS 6364/DI 137