*HB1554.1* January 30, 2025 HOUSE BILL No. 1554 _____ DIGEST OF HB 1554 (Updated January 29, 2025 11:57 am - DI 106) Citations Affected: IC 9-30. Synopsis: Driving with suspended driving privileges. Specifies that the penalty for a operating a motor vehicle while under a lifetime forfeiture of driving privileges is: (1) a Level 6 felony, if the forfeiture occurred before July 1, 2015; and (2) a Level 5 felony, if the forfeiture occurred after June 30, 2015. Effective: July 1, 2025. Bascom, Zimmerman January 21, 2025, read first time and referred to Committee on Courts and Criminal Code. January 30, 2025, amended, reported — Do Pass. HB 1554—LS 7676/DI 151 January 30, 2025 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. 1554 A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 9-30-10-14.1, AS AMENDED BY P.L.198-2016, 2 SECTION 602, IS AMENDED TO READ AS FOLLOWS 3 [EFFECTIVE JULY 1, 2025]: Sec. 14.1. (a) This section does not 4 apply to any person who has the person's driving privileges suspended 5 for life under: 6 (1) section 5(b)(2) of this chapter; or 7 (2) section 17(b) 17(c) of this chapter for an offense that occurred 8 after December 31, 2014. 9 (b) Except as provided in subsection (f), a person whose driving 10 privileges have been suspended for life may petition a court in a civil 11 action for a rescission of the suspension order and reinstatement of 12 driving privileges if the following conditions exist: 13 (1) Ten (10) years have elapsed since the date on which an order 14 for the lifetime suspension of the person's driving privileges was 15 issued. 16 (2) The person has never been convicted of a violation described 17 in section 4(a) of this chapter. HB 1554—LS 7676/DI 151 2 1 (c) A petition for rescission and reinstatement under this section 2 must meet the following conditions: 3 (1) Be verified by the petitioner. 4 (2) State the petitioner's age, date of birth, and place of residence. 5 (3) Describe the circumstances leading up to the lifetime 6 suspension of the petitioner's driving privileges. 7 (4) Aver a substantial change in the petitioner's circumstances of 8 the following: 9 (A) That indicates the petitioner would no longer pose a risk 10 to the safety of others if the petitioner's driving privileges are 11 reinstated. 12 (B) That makes the lifetime suspension of the petitioner's 13 driving privileges unreasonable. 14 (C) That indicates it is in the best interests of society for the 15 petitioner's driving privileges to be reinstated. 16 (5) Aver that the requisite amount of time has elapsed since the 17 date on which the order for the lifetime suspension of the person's 18 driving privileges was issued as required under subsections (b) 19 and (f). 20 (6) Aver that the petitioner has never been convicted of a 21 violation described in section 4(a) of this chapter. 22 (7) Be filed in a circuit or superior court having jurisdiction in the 23 county where the petitioner resides. If the petitioner resides in a 24 state other than Indiana, the petition must be filed in the county in 25 which the most recent Indiana moving violation conviction 26 occurred. 27 (8) If the petition is being filed under subsection (f), aver the 28 existence of the conditions listed in subsection (f)(1) through 29 (f)(3). 30 (d) The petitioner shall serve the prosecuting attorney of the county 31 in which the petition is filed and the bureau with a copy of the petition 32 described in subsection (b). A responsive pleading is not required. 33 (e) The prosecuting attorney of the county in which the petition is 34 filed shall represent the state in the matter. 35 (f) A person whose driving privileges have been suspended for life 36 may petition a court in a civil action for a rescission of the suspension 37 order and reinstatement of driving privileges if all of the following 38 conditions exist: 39 (1) Three (3) years have elapsed since the date on which the order 40 for lifetime suspension of the petitioner's driving privileges was 41 issued. 42 (2) The petitioner's lifetime suspension was the result of a HB 1554—LS 7676/DI 151 3 1 conviction for operating a motor vehicle while the person's 2 driving privileges were suspended because the person is a 3 habitual violator. 4 (3) The petitioner has never been convicted of a violation 5 described in section 4(a) or 4(b) of this chapter other than a 6 judgment or conviction for operating a motor vehicle while the 7 person's driver's license or driving privileges were revoked or 8 suspended as a result of a conviction of an offense under 9 IC 9-1-4-52 (repealed July 1, 1992), IC 9-24-18-5(b) (repealed 10 July 1, 2000), IC 9-24-19-2, or IC 9-24-19-3. 11 SECTION 2. IC 9-30-10-17, AS AMENDED BY P.L.184-2019, 12 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 13 JULY 1, 2025]: Sec. 17. (a) A person who 14 (1) operates a motor vehicle after the person's driving privileges 15 are forfeited for life under section 16 of this chapter, IC 9-4-13-14 16 (repealed April 1, 1984), or IC 9-12-3-1 (repealed July 1, 1991) 17 or commits: 18 (1) a Level 6 felony, if the forfeiture occurred before July 1, 19 2015; or 20 (2) a Level 5 felony, if the forfeiture occurred after June 30, 21 2015. 22 (2) (b) A person who is a habitual traffic violator under this chapter 23 and commits an offense involving the person's operation of a motor 24 vehicle, which offense causes serious bodily injury, catastrophic injury, 25 or death commits a Level 5 felony. 26 (b) (c) In addition to any criminal penalties imposed for a conviction 27 of an offense described in subsection (a), subsection (a) or (b), if the 28 new offense caused catastrophic injury or death, the bureau shall 29 suspend the person's driving privileges for the life of the person. 30 (c) (d) A person who violates subsection (a)(2) (b) commits a 31 separate offense for each person whose bodily injury or death is caused 32 by the violation of subsection (a)(2). (b). 33 (d) (e) A court may order terms of imprisonment imposed on a 34 person convicted of more than one (1) offense described in subsection 35 (a)(2) (b) to run consecutively. Consecutive terms of imprisonment 36 imposed under this subsection are not subject to the sentencing 37 restrictions set forth in IC 35-50-1-2(c) through IC 35-50-1-2(d). 38 SECTION 3. IC 9-30-10-19, AS ADDED BY P.L.188-2015, 39 SECTION 118, IS AMENDED TO READ AS FOLLOWS 40 [EFFECTIVE JULY 1, 2025]: Sec. 19. (a) This section does not apply 41 to a suspension or forfeiture of driving privileges imposed under 42 section 5(b)(2) or 17(b) 17(c) of this chapter for an offense committed HB 1554—LS 7676/DI 151 4 1 after June 30, 2015. 2 (b) A person whose driving privileges are suspended or forfeited for 3 a determined period or for life under this chapter is eligible for 4 specialized driving privileges under IC 9-30-16. HB 1554—LS 7676/DI 151 5 COMMITTEE REPORT Mr. Speaker: Your Committee on Courts and Criminal Code, to which was referred House Bill 1554, has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows: Page 3, delete lines 11 through 33, begin a new paragraph and insert: "SECTION 2. IC 9-30-10-17, AS AMENDED BY P.L.184-2019, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) A person who (1) operates a motor vehicle after the person's driving privileges are forfeited for life under section 16 of this chapter, IC 9-4-13-14 (repealed April 1, 1984), or IC 9-12-3-1 (repealed July 1, 1991) or commits: (1) a Level 6 felony, if the forfeiture occurred before July 1, 2015; or (2) a Level 5 felony, if the forfeiture occurred after June 30, 2015. (2) (b) A person who is a habitual traffic violator under this chapter and commits an offense involving the person's operation of a motor vehicle, which offense causes serious bodily injury, catastrophic injury, or death commits a Level 5 felony. (b) (c) In addition to any criminal penalties imposed for a conviction of an offense described in subsection (a), subsection (a) or (b), if the new offense caused catastrophic injury or death, the bureau shall suspend the person's driving privileges for the life of the person. (c) (d) A person who violates subsection (a)(2) (b) commits a separate offense for each person whose bodily injury or death is caused by the violation of subsection (a)(2). (b). (d) (e) A court may order terms of imprisonment imposed on a person convicted of more than one (1) offense described in subsection (a)(2) (b) to run consecutively. Consecutive terms of imprisonment imposed under this subsection are not subject to the sentencing restrictions set forth in IC 35-50-1-2(c) through IC 35-50-1-2(d).". and when so amended that said bill do pass. (Reference is to HB 1554 as introduced.) MCNAMARA Committee Vote: yeas 13, nays 0. HB 1554—LS 7676/DI 151