Indiana 2025 2025 Regular Session

Indiana House Bill HB1554 Comm Sub / Bill

Filed 01/30/2025

                    *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)
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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