Indiana 2025 Regular Session

Indiana House Bill HB1331 Latest Draft

Bill / Introduced Version Filed 01/09/2025

                             
Introduced Version
HOUSE BILL No. 1331
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DIGEST OF INTRODUCED BILL
Citations Affected:  IC 9-13-2-197.7; IC 9-30-4-6.1.
Synopsis:  Vulnerable road users. Requires the bureau of motor
vehicles to suspend or revoke the current driver's license or driving
privileges of an individual who is convicted of a moving traffic offense
that causes the serious bodily injury or death of a vulnerable road user.
Effective:  July 1, 2025.
Johnson B
January 13, 2025, read first time and referred to Committee on Roads and Transportation.
2025	IN 1331—LS 6344/DI 137 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1331
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 9-13-2-197.7 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 197.7. "Vulnerable road user"
4 refers to any of the following:
5 (1) A pedestrian.
6 (2) An individual engaged in road work along a highway or
7 street.
8 (3) An individual operating a bicycle, electric foot scooter, or
9 Class 1, 2, or 3 electric bicycle on a highway or street.
10 (4) An individual operating a farm tractor, farm wagon, or
11 farm implement on a highway or street.
12 (5) A first responder.
13 (6) A tow truck operator or stationary recovery vehicle
14 operator.
15 SECTION 2. IC 9-30-4-6.1, AS AMENDED BY P.L.141-2024,
16 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 6.1. (a) The bureau shall suspend or revoke the
2025	IN 1331—LS 6344/DI 137 2
1 current driver's license or driving privileges of an individual who is
2 convicted of any of the following:
3 (1) Manslaughter or reckless homicide resulting from the
4 operation of a motor vehicle.
5 (2) Knowingly making a false application, or committing perjury
6 with respect to an application made, under:
7 (A) this chapter; or
8 (B) any other law requiring the registration of motor vehicles
9 or regulating motor vehicle operation on highways.
10 (3) Three (3) charges of criminal recklessness involving the use
11 of a motor vehicle within the preceding twelve (12) months.
12 (4) Failure to stop and give information or assistance or failure to
13 stop and disclose the individual's identity at the scene of an
14 accident that has resulted in death, personal injury, or property
15 damage in excess of two hundred dollars ($200).
16 (5) A moving traffic offense that causes the serious bodily
17 injury or death of a vulnerable road user, except for an
18 offense under IC 9-30-5.
19 (b) The bureau shall suspend a driver's license or driving privileges
20 of an individual upon conviction in another jurisdiction for the
21 following:
22 (1) Manslaughter or reckless homicide resulting from the
23 operation of a motor vehicle.
24 (2) Knowingly making a false application, or committing perjury
25 with respect to an application made, under:
26 (A) this chapter; or
27 (B) any other law requiring the registration of motor vehicles
28 or regulating motor vehicle operation on highways.
29 (3) Three (3) charges of criminal recklessness involving the use
30 of a motor vehicle within the preceding twelve (12) months.
31 (4) Failure to stop and give information or assistance or failure to
32 stop and disclose the individual's identity at the scene of an
33 accident that has resulted in death, personal injury, or property
34 damage in excess of two hundred dollars ($200).
35 However, if property damage under subdivision (4) is equal to or less
36 than two hundred dollars ($200), the bureau may determine whether
37 the driver's license or driving privileges shall be suspended or revoked.
38 (c) An individual whose driving privileges are suspended under this
39 chapter is eligible for specialized driving privileges under IC 9-30-16.
40 (d) A suspension or revocation remains in effect and a new or
41 renewal license may not be issued to the individual as follows:
42 (1) Except as provided in subdivision (2), for six (6) months after
2025	IN 1331—LS 6344/DI 137 3
1 the date of conviction or on the date on which the individual is
2 otherwise eligible for a license, whichever is later.
3 (2) Upon conviction of an offense described in subsection (a)(1),
4 (a)(4), (b)(1), or (b)(4), when the accident has resulted in death,
5 for a fixed period of at least two (2) years and not more than five
6 (5) years, to be fixed by the bureau based upon recommendation
7 of the court entering a conviction. A new or reinstated driver's
8 license or driving privileges may not be issued to the individual
9 unless that individual, within the three (3) years following the
10 expiration of the suspension or revocation, gives and maintains in
11 force at all times during the effective period of a new or reinstated
12 license proof of financial responsibility in the future in the
13 manner specified in this chapter. However, the liability of the
14 insurance carrier under a motor vehicle liability policy that is
15 furnished for proof of financial responsibility in the future as set
16 out in this chapter becomes absolute whenever loss or damage
17 covered by the policy occurs, and the satisfaction by the insured
18 of a final judgment for loss or damage is not a condition precedent
19 to the right or obligation of the carrier to make payment on
20 account of loss or damage, but the insurance carrier has the right
21 to settle a claim covered by the policy. If the settlement is made
22 in good faith, the amount must be deducted from the limits of
23 liability specified in the policy. A policy may not be canceled or
24 annulled with respect to a loss or damage by an agreement
25 between the carrier and the insured after the insured has become
26 responsible for the loss or damage, and a cancellation or
27 annulment is void. The policy may provide that the insured or any
28 other person covered by the policy shall reimburse the insurance
29 carrier for payment made on account of any loss or damage claim
30 or suit involving a breach of the terms, provisions, or conditions
31 of the policy. If the policy provides for limits that exceed the
32 limits specified in this chapter, the insurance carrier may plead
33 against any plaintiff, with respect to the amount of the excess
34 limits of liability, any defenses that the carrier may be entitled to
35 plead against the insured. The policy may further provide for
36 prorating of the insurance with other applicable valid and
37 collectible insurance. An action does not lie against the insurance
38 carrier by or on behalf of any claimant under the policy until a
39 final judgment has been obtained after actual trial by or on behalf
40 of any claimant under the policy.
41 (e) The bureau may take action as required in this section upon
42 receiving satisfactory evidence of a conviction of an individual in
2025	IN 1331—LS 6344/DI 137 4
1 another state.
2 (f) A suspension or revocation under this section or IC 9-30-13-0.5
3 stands pending appeal of the conviction to a higher court and may be
4 set aside or modified only upon the receipt by the bureau of the
5 certificate of the court reversing or modifying the judgment that the
6 cause has been reversed or modified. However, if the suspension or
7 revocation follows a conviction in a court of no record in Indiana, the
8 suspension or revocation is stayed pending appeal of the conviction to
9 a court of record.
10 (g) A person aggrieved by an order or act of the bureau under this
11 section or IC 9-30-13-0.5 may file a petition for a court review.
12 (h) An entry in the driving record of a defendant stating that notice
13 of suspension or revocation was mailed by the bureau, or sent
14 electronically if the defendant has indicated a preference for receiving
15 notices from the bureau electronically, to the defendant constitutes
16 prima facie evidence that the notice was mailed to the defendant's
17 address as shown in the records of the bureau.
2025	IN 1331—LS 6344/DI 137