Indiana 2025 Regular Session

Indiana Senate Bill SB0158 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 158
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 9-21; IC 9-30; IC 33-37-5-18; IC 34-24-1-1;
7	7	IC 35-44.1.
8	8	Synopsis: Public safety. Provides that a person who knowingly,
9	9	intentionally, or recklessly operates a vehicle in a repeated or
10	10	continuous manner with the intent of causing a rotational skid commits
11	11	reckless driving, a Class B misdemeanor, and increases the penalty if
12	12	certain circumstances apply. Specifies that a person may request
13	13	specialized driving privileges even after the initial hearing. Specifies
14	14	that a vehicle used to commit reckless driving involving a rotational
15	15	skid or obstruction of traffic involving a rotational skid is subject to
16	16	seizure for purposes of civil forfeiture. Increases the penalty for
17	17	resisting law enforcement to a Level 5 felony if a person operates a
18	18	vehicle in a manner that creates a substantial risk of bodily injury to
19	19	another person. Makes conforming amendments.
20	20	Effective: July 1, 2025.
21	21	Freeman
22	22	January 8, 2025, read first time and referred to Committee on Corrections and Criminal
23	23	Law.
24	24	2025 IN 158—LS 6653/DI 106 Introduced
25	25	First Regular Session of the 124th General Assembly (2025)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2024 Regular Session of the General Assembly.
35	35	SENATE BILL No. 158
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning
37	37	criminal law and procedure.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 9-21-8-52, AS AMENDED BY P.L.144-2019,
40	40	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41	41	3 JULY 1, 2025]: Sec. 52. (a) A person who operates a vehicle and who
42	42	4 recklessly:
43	43	5 (1) drives at such an unreasonably high rate of speed or at such an
44	44	6 unreasonably low rate of speed under the circumstances as to:
45	45	7 (A) endanger the safety or the property of others; or
46	46	8 (B) block the proper flow of traffic;
47	47	9 (2) passes another vehicle from the rear while on a slope or on a
48	48	10 curve where vision is obstructed for a distance of less than five
49	49	11 hundred (500) feet ahead;
50	50	12 (3) drives in and out of a line of traffic, except as otherwise
51	51	13 permitted; or
52	52	14 (4) speeds up or refuses to give one-half (1/2) of the roadway to
53	53	15 a driver overtaking and desiring to pass;
54	54	16 commits a Class C misdemeanor. However, the offense is a Class A
55	55	17 misdemeanor if it causes bodily injury to a person.
56	56	2025 IN 158—LS 6653/DI 106 2
57	57	1 (b) This subsection does not apply to a person who operates a
58	58	2 vehicle at an off-road recreation area or another location where
59	59	3 using a vehicle to perform a rotational skid is permitted. A person
60	60	4 who knowingly, intentionally, or recklessly operates a vehicle in a
61	61	5 repeated or continuous manner with the intent of causing the
62	62	6 vehicle to perform a rotational skid commits a Class B
63	63	7 misdemeanor. However, the offense is a Class A misdemeanor if it
64	64	8 endangers a person, a Level 6 felony if it causes bodily injury to a
65	65	9 person, and a Level 5 felony if it results in the death of any person.
66	66	10 (b) (c) A person who operates a vehicle and who recklessly passes
67	67	11 a school bus stopped on a roadway or a private road when the arm
68	68	12 signal device specified in IC 9-21-12-13 is in the device's extended
69	69	13 position commits a Class A misdemeanor. However, the offense is a
70	70	14 Level 6 felony if it causes bodily injury to a person, and a Level 5
71	71	15 felony if it causes the death of a person.
72	72	16 (c) (d) If an offense under:
73	73	17 (1) subsection (a) results in damage to the property of another
74	74	18 person, it is a Class B misdemeanor and the court may
75	75	19 recommend the suspension of the current driving license of the
76	76	20 person convicted of the offense described in subsection (a) for a
77	77	21 fixed period of not more than one (1) year; and
78	78	22 (2) subsection (b) results in damage to the property of another
79	79	23 person, the court may recommend the suspension of the
80	80	24 current driving license of the person convicted of the offense
81	81	25 described in subsection (b) for a fixed period of not more than
82	82	26 one (1) year.
83	83	27 (d) (e) If an offense under subsection (a) or (b) causes bodily injury
84	84	28 to a person, the court may recommend the suspension of the driving
85	85	29 privileges of the person convicted of the offense described in this
86	86	30 subsection for a fixed period of not more than one (1) year.
87	87	31 (e) (f) In addition to any other penalty imposed under subsection (b),
88	88	32 (c), the court may suspend the person's driving privileges:
89	89	33 (1) for ninety (90) days; or
90	90	34 (2) if the person has committed at least one (1) previous offense
91	91	35 under this section or IC 9-21-12-1, for one (1) year.
92	92	36 SECTION 2. IC 9-21-12-1, AS AMENDED BY P.L.144-2019,
93	93	37 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
94	94	38 JULY 1, 2025]: Sec. 1. (a) A person who drives a vehicle that:
95	95	39 (1) meets or overtakes from any direction a school bus stopped on
96	96	40 a roadway or a private road and is not stopped before reaching the
97	97	41 school bus when the arm signal device specified in IC 9-21-12-13
98	98	42 section 13 of this chapter is in the device's extended position; or
99	99	2025 IN 158—LS 6653/DI 106 3
100	100	1 (2) proceeds before the arm signal device is no longer extended;
101	101	2 commits a Class A infraction.
102	102	3 (b) In addition to any other penalty imposed under this section, the
103	103	4 court may suspend the person's driving privileges:
104	104	5 (1) for ninety (90) days; or
105	105	6 (2) if the person has committed at least one (1) previous offense
106	106	7 under this section or IC 9-21-8-52(b), IC 9-21-8-52(c), for one (1)
107	107	8 year.
108	108	9 (c) This section is applicable only if the school bus is in substantial
109	109	10 compliance with the markings required by the state school bus
110	110	11 committee.
111	111	12 (d) There is a rebuttable presumption that the owner of the vehicle
112	112	13 involved in the violation of this section committed the violation. This
113	113	14 presumption does not apply to the owner of a vehicle involved in the
114	114	15 violation of this section if the owner routinely engages in the business
115	115	16 of renting the vehicle for periods of thirty (30) days or less.
116	116	17 SECTION 3. IC 9-30-2-2, AS AMENDED BY P.L.144-2019,
117	117	18 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
118	118	19 JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b), a law
119	119	20 enforcement officer may not arrest or issue a traffic information and
120	120	21 summons to a person for a violation of an Indiana law regulating the
121	121	22 use and operation of a motor vehicle on a highway or an ordinance of
122	122	23 a city or town regulating the use and operation of a motor vehicle on a
123	123	24 highway unless at the time of the arrest the officer is:
124	124	25 (1) wearing a distinctive uniform and a badge of authority; or
125	125	26 (2) operating a motor vehicle that is clearly marked as a police
126	126	27 vehicle;
127	127	28 that will clearly show the officer or the officer's vehicle to casual
128	128	29 observations to be an officer or a police vehicle.
129	129	30 (b) Subsection (a) does not apply to an officer in an unmarked
130	130	31 police vehicle making an arrest or issuing a traffic information and
131	131	32 summons:
132	132	33 (1) when there is a uniformed officer present at the time of the
133	133	34 arrest; or
134	134	35 (2) for a violation of one (1) or more of the following:
135	135	36 (A) IC 9-21-8-52(a)(1)(A) (reckless driving causing
136	136	37 endangerment).
137	137	38 (B) IC 9-21-8-52(b) (reckless driving involving a rotational
138	138	39 skid).
139	139	40 (B) (C) IC 9-21-8-52(b) IC 9-21-8-52(c) as a Level 6 felony
140	140	41 (recklessly passing a stopped school bus resulting in bodily
141	141	42 injury).
142	142	2025 IN 158—LS 6653/DI 106 4
143	143	1 (C) (D) IC 9-21-8-52(b) IC 9-21-8-52(c) as a Level 5 felony
144	144	2 (recklessly passing a stopped school bus resulting in death).
145	145	3 (D) (E) IC 9-30-5-2(b) as a Class A misdemeanor (operating
146	146	4 while intoxicated in a manner that endangers a person).
147	147	5 SECTION 4. IC 9-30-16-1, AS AMENDED BY P.L.111-2021,
148	148	6 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
149	149	7 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), the
150	150	8 following are ineligible for specialized driving privileges under this
151	151	9 chapter:
152	152	10 (1) A person who has never been an Indiana resident.
153	153	11 (2) A person seeking specialized driving privileges with respect
154	154	12 to a suspension based on the person's refusal to submit to a
155	155	13 chemical test offered under IC 9-30-6 or IC 9-30-7. However, a
156	156	14 court may grant this person driving privileges under
157	157	15 IC 9-30-6-8(d).
158	158	16 (3) A person whose driving privileges have been suspended or
159	159	17 revoked under IC 9-24-10-7(b)(2)(A).
160	160	18 (4) A person whose driving privileges have been suspended under
161	161	19 IC 9-21-8-52(e) IC 9-21-8-52(f) or IC 9-21-12-1(b).
162	162	20 (b) This chapter applies to the following:
163	163	21 (1) A person who held a driver's license (issued under IC 9-24-3),
164	164	22 or a commercial driver's, a public passenger chauffeur's, or a
165	165	23 chauffeur's license at the time of:
166	166	24 (A) the criminal conviction for which the operation of a motor
167	167	25 vehicle is an element of the offense;
168	168	26 (B) any criminal conviction for an offense under IC 9-30-5,
169	169	27 IC 35-46-9, or IC 14-15-8 (before its repeal); or
170	170	28 (C) committing the infraction of exceeding a worksite speed
171	171	29 limit for the second time in one (1) year under IC 9-21-5-11(f).
172	172	30 (2) A person who:
173	173	31 (A) has never held a valid Indiana driver's license or does not
174	174	32 currently hold a valid Indiana learner's permit; and
175	175	33 (B) was an Indiana resident when the driving privileges for
176	176	34 which the person is seeking specialized driving privileges
177	177	35 were suspended.
178	178	36 (c) Except as specifically provided in this chapter, a court may
179	179	37 suspend the driving privileges of a person convicted of any of the
180	180	38 following offenses for a period up to the maximum allowable period of
181	181	39 incarceration under the penalty for the offense:
182	182	40 (1) Any criminal conviction in which the operation of a motor
183	183	41 vehicle is an element of the offense.
184	184	42 (2) Any criminal conviction for an offense under IC 9-30-5,
185	185	2025 IN 158—LS 6653/DI 106 5
186	186	1 IC 35-46-9, or IC 14-15-8 (before its repeal).
187	187	2 (3) Any offense under IC 35-42-1, IC 35-42-2, or IC 35-44.1-3-1
188	188	3 that involves the use of a vehicle.
189	189	4 (d) Except as provided in section 3.5 of this chapter, a suspension
190	190	5 of driving privileges under this chapter may begin before the
191	191	6 conviction. Multiple suspensions of driving privileges ordered by a
192	192	7 court that are part of the same episode of criminal conduct shall be
193	193	8 served concurrently. A court may grant credit time for any suspension
194	194	9 that began before the conviction, except as prohibited by section
195	195	10 6(a)(2) of this chapter.
196	196	11 (e) If a person has had an ignition interlock device installed as a
197	197	12 condition of specialized driving privileges or under IC 9-30-6-8(d), the
198	198	13 period of the installation shall be credited as part of the suspension of
199	199	14 driving privileges.
200	200	15 (f) This subsection applies to a person described in subsection
201	201	16 (b)(2). A court shall, as a condition of granting specialized driving
202	202	17 privileges to the person, require the person to apply for and obtain an
203	203	18 Indiana driver's license.
204	204	19 (g) If a person indicates to the court at an initial hearing (as
205	205	20 described in IC 35-33-7) that the person intends to file a petition for a
206	206	21 specialized driving privileges hearing with that court under section 3
207	207	22 or 4 of this chapter, the following apply:
208	208	23 (1) The court shall:
209	209	24 (A) stay the suspension of the person's driving privileges at the
210	210	25 initial hearing and shall not submit the probable cause
211	211	26 affidavit related to the person's offense to the bureau; and
212	212	27 (B) set the matter for a specialized driving privileges hearing
213	213	28 not later than thirty (30) days after the initial hearing.
214	214	29 (2) If the person does not file a petition for a specialized driving
215	215	30 privileges hearing not later than ten (10) days after the date of the
216	216	31 initial hearing, the court shall lift the stay of the suspension of the
217	217	32 person's driving privileges and shall submit the probable cause
218	218	33 affidavit related to the person's offense to the bureau for
219	219	34 automatic suspension.
220	220	35 (3) If the person files a petition for a specialized driving privileges
221	221	36 hearing not later than ten (10) days after the initial hearing, the
222	222	37 stay of the suspension of the person's driving privileges continues
223	223	38 until the matter is heard and a determination is made by the court
224	224	39 at the specialized driving privileges hearing.
225	225	40 (4) If the specialized driving privileges hearing is continued due
226	226	41 to:
227	227	42 (A) a congestion of the court calendar;
228	228	2025 IN 158—LS 6653/DI 106 6
229	229	1 (B) the prosecuting attorney's motion for a continuance; or
230	230	2 (C) the person's motion for a continuance with no objection by
231	231	3 the prosecuting attorney;
232	232	4 the stay of the suspension of the person's driving privileges
233	233	5 continues until addressed at the next hearing.
234	234	6 (5) If the person moves for a continuance of the specialized
235	235	7 driving privileges hearing and the court grants the continuance
236	236	8 over the prosecuting attorney's objection, the court shall lift the
237	237	9 stay of the suspension of the person's driving privileges and shall
238	238	10 submit the probable cause affidavit related to the person's offense
239	239	11 to the bureau for automatic suspension.
240	240	12 SECTION 5. IC 33-37-5-18, AS AMENDED BY P.L.156-2020,
241	241	13 SECTION 123, IS AMENDED TO READ AS FOLLOWS
242	242	14 [EFFECTIVE JULY 1, 2025]: Sec. 18. (a) In each criminal action in
243	243	15 which a person is convicted of an offense in which the possession or
244	244	16 use of a firearm was an element of the offense, the court shall assess a
245	245	17 safe schools fee of at least two hundred dollars ($200) and not more
246	246	18 than one thousand dollars ($1,000).
247	247	19 (b) For each offense described in IC 9-21-8-52(b), IC 9-21-8-52(c),
248	248	20 the court may assess a safe schools fee of at least two hundred dollars
249	249	21 ($200) and not more than one thousand dollars ($1,000).
250	250	22 (c) In determining the amount of the safe schools fee assessed
251	251	23 against a person under subsection (a), a court shall consider the
252	252	24 person's ability to pay the fee.
253	253	25 (d) The clerk shall collect the safe schools fee set by the court when
254	254	26 a person is convicted of an offense:
255	255	27 (1) in which the possession or use of a firearm was an element of
256	256	28 the offense; or
257	257	29 (2) described in IC 9-21-8-52(b) IC 9-21-8-52(c) and the court
258	258	30 assesses a safe schools fee under subsection (b).
259	259	31 SECTION 6. IC 34-24-1-1, AS AMENDED BY P.L.185-2023,
260	260	32 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
261	261	33 JULY 1, 2025]: Sec. 1. (a) The following may be seized:
262	262	34 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
263	263	35 or are intended for use by the person or persons in possession of
264	264	36 them to transport or in any manner to facilitate the transportation
265	265	37 of the following:
266	266	38 (A) A controlled substance for the purpose of committing,
267	267	39 attempting to commit, or conspiring to commit any of the
268	268	40 following:
269	269	41 (i) Dealing in or manufacturing cocaine or a narcotic drug
270	270	42 (IC 35-48-4-1).
271	271	2025 IN 158—LS 6653/DI 106 7
272	272	1 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
273	273	2 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
274	274	3 (iv) Dealing in a schedule I, II, or III controlled substance
275	275	4 (IC 35-48-4-2).
276	276	5 (v) Dealing in a schedule IV controlled substance (IC
277	277	6 35-48-4-3).
278	278	7 (vi) Dealing in a schedule V controlled substance (IC
279	279	8 35-48-4-4).
280	280	9 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
281	281	10 (viii) Possession of cocaine or a narcotic drug (IC
282	282	11 35-48-4-6).
283	283	12 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
284	284	13 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
285	285	14 (xi) Dealing in marijuana, hash oil, hashish, or salvia (IC
286	286	15 35-48-4-10).
287	287	16 (xii) An offense under IC 35-48-4 involving a synthetic drug
288	288	17 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
289	289	18 substance (as defined in IC 35-31.5-2-321.5 (before its
290	290	19 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
291	291	20 repeal on July 1, 2019), a controlled substance analog (as
292	292	21 defined in IC 35-48-1-9.3), or a substance represented to be
293	293	22 a controlled substance (as described in IC 35-48-4-4.6).
294	294	23 (B) Any stolen (IC 35-43-4-2 or IC 35-43-4-2.2) or converted
295	295	24 property (IC 35-43-4-3) if the retail or repurchase value of that
296	296	25 property is one hundred dollars ($100) or more.
297	297	26 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
298	298	27 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
299	299	28 mass destruction (as defined in IC 35-31.5-2-354) used to
300	300	29 commit, used in an attempt to commit, or used in a conspiracy
301	301	30 to commit a felony terrorist offense (as defined in
302	302	31 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
303	303	32 furtherance of an act of terrorism (as defined by
304	304	33 IC 35-31.5-2-329).
305	305	34 (2) All money, negotiable instruments, securities, weapons,
306	306	35 communications devices, or any property used to commit, used in
307	307	36 an attempt to commit, or used in a conspiracy to commit a felony
308	308	37 terrorist offense (as defined in IC 35-50-2-18) or an offense under
309	309	38 IC 35-47 as part of or in furtherance of an act of terrorism or
310	310	39 commonly used as consideration for a violation of IC 35-48-4
311	311	40 (other than items subject to forfeiture under IC 16-42-20-5 or
312	312	41 IC 16-6-8.5-5.1, before its repeal):
313	313	42 (A) furnished or intended to be furnished by any person in
314	314	2025 IN 158—LS 6653/DI 106 8
315	315	1 exchange for an act that is in violation of a criminal statute;
316	316	2 (B) used to facilitate any violation of a criminal statute; or
317	317	3 (C) traceable as proceeds of the violation of a criminal statute.
318	318	4 (3) Any portion of real or personal property purchased with
319	319	5 money that is traceable as a proceed of a violation of a criminal
320	320	6 statute.
321	321	7 (4) A vehicle that is used by a person to:
322	322	8 (A) commit, attempt to commit, or conspire to commit;
323	323	9 (B) facilitate the commission of; or
324	324	10 (C) escape from the commission of;
325	325	11 murder (IC 35-42-1-1), dealing in a controlled substance resulting
326	326	12 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
327	327	13 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
328	328	14 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
329	329	15 under IC 35-47 as part of or in furtherance of an act of terrorism.
330	330	16 (5) Real property owned by a person who uses it to commit any of
331	331	17 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
332	332	18 felony:
333	333	19 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
334	334	20 35-48-4-1).
335	335	21 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
336	336	22 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
337	337	23 (D) Dealing in a schedule I, II, or III controlled substance (IC
338	338	24 35-48-4-2).
339	339	25 (E) Dealing in a schedule IV controlled substance (IC
340	340	26 35-48-4-3).
341	341	27 (F) Dealing in marijuana, hash oil, hashish, or salvia (IC
342	342	28 35-48-4-10).
343	343	29 (G) Dealing in a synthetic drug (as defined in
344	344	30 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
345	345	31 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
346	346	32 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
347	347	33 2019).
348	348	34 (H) Dealing in a controlled substance resulting in death (IC
349	349	35 35-42-1-1.5).
350	350	36 (6) Equipment and recordings used by a person to commit fraud
351	351	37 under IC 35-43-5.
352	352	38 (7) Recordings sold, rented, transported, or possessed by a person
353	353	39 in violation of IC 24-4-10.
354	354	40 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
355	355	41 defined by IC 35-45-6-1) that is the object of a corrupt business
356	356	42 influence violation (IC 35-45-6-2).
357	357	2025 IN 158—LS 6653/DI 106 9
358	358	1 (9) Unlawful telecommunications devices (as defined in
359	359	2 IC 35-45-13-6) and plans, instructions, or publications used to
360	360	3 commit an offense under IC 35-45-13.
361	361	4 (10) Any equipment, including computer equipment and cellular
362	362	5 telephones, used for or intended for use in preparing,
363	363	6 photographing, recording, videotaping, digitizing, printing,
364	364	7 copying, or disseminating matter in violation of IC 35-42-4.
365	365	8 (11) Destructive devices used, possessed, transported, or sold in
366	366	9 violation of IC 35-47.5.
367	367	10 (12) Tobacco products that are sold in violation of IC 24-3-5,
368	368	11 tobacco products that a person attempts to sell in violation of
369	369	12 IC 24-3-5, and other personal property owned and used by a
370	370	13 person to facilitate a violation of IC 24-3-5.
371	371	14 (13) Property used by a person to commit counterfeiting or
372	372	15 forgery in violation of IC 35-43-5-2.
373	373	16 (14) After December 31, 2005, if a person is convicted of an
374	374	17 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
375	375	18 following real or personal property:
376	376	19 (A) Property used or intended to be used to commit, facilitate,
377	377	20 or promote the commission of the offense.
378	378	21 (B) Property constituting, derived from, or traceable to the
379	379	22 gross proceeds that the person obtained directly or indirectly
380	380	23 as a result of the offense.
381	381	24 (15) Except as provided in subsection (e), a vehicle used by a
382	382	25 person who operates the vehicle:
383	383	26 (A) while intoxicated, in violation of IC 9-30-5-1 through
384	384	27 IC 9-30-5-5, if in the previous five (5) years the person has two
385	385	28 (2) or more prior unrelated convictions for operating a motor
386	386	29 vehicle while intoxicated in violation of IC 9-30-5-1 through
387	387	30 IC 9-30-5-5; or
388	388	31 (B) on a highway while the person's driving privileges are
389	389	32 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
390	390	33 if in the previous five (5) years the person has two (2) or more
391	391	34 prior unrelated convictions for operating a vehicle while
392	392	35 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
393	393	36 If a court orders the seizure of a vehicle under this subdivision,
394	394	37 the court shall transmit an order to the bureau of motor vehicles
395	395	38 recommending that the bureau not permit a vehicle to be
396	396	39 registered in the name of the person whose vehicle was seized
397	397	40 until the person possesses a current driving license (as defined in
398	398	41 IC 9-13-2-41).
399	399	42 (16) The following real or personal property:
400	400	2025 IN 158—LS 6653/DI 106 10
401	401	1 (A) Property used or intended to be used to commit, facilitate,
402	402	2 or promote the commission of an offense specified in
403	403	3 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
404	404	4 IC 30-2-13-38(f).
405	405	5 (B) Property constituting, derived from, or traceable to the
406	406	6 gross proceeds that a person obtains directly or indirectly as a
407	407	7 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
408	408	8 IC 30-2-10-9(b), or IC 30-2-13-38(f).
409	409	9 (17) Real or personal property, including a vehicle, that is used by
410	410	10 a person to:
411	411	11 (A) commit, attempt to commit, or conspire to commit;
412	412	12 (B) facilitate the commission of; or
413	413	13 (C) escape from the commission of;
414	414	14 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
415	415	15 trafficking) or IC 35-45-4-4 (promoting prostitution).
416	416	16 (18) A motor vehicle used by a person to commit:
417	417	17 (A) reckless driving involving a rotational skid under
418	418	18 IC 9-21-8-52(b); or
419	419	19 (B) obstruction of traffic committed in connection with
420	420	20 reckless driving involving a rotational skid under
421	421	21 IC 9-21-8-52(b).
422	422	22 (b) A vehicle used by any person as a common or contract carrier in
423	423	23 the transaction of business as a common or contract carrier is not
424	424	24 subject to seizure under this section, unless it can be proven by a
425	425	25 preponderance of the evidence that the owner of the vehicle knowingly
426	426	26 permitted the vehicle to be used to engage in conduct that subjects it to
427	427	27 seizure under subsection (a).
428	428	28 (c) Equipment under subsection (a)(10) may not be seized unless it
429	429	29 can be proven by a preponderance of the evidence that the owner of the
430	430	30 equipment knowingly permitted the equipment to be used to engage in
431	431	31 conduct that subjects it to seizure under subsection (a)(10).
432	432	32 (d) Money, negotiable instruments, securities, weapons,
433	433	33 communications devices, or any property commonly used as
434	434	34 consideration for a violation of IC 35-48-4 found near or on a person
435	435	35 who is committing, attempting to commit, or conspiring to commit any
436	436	36 of the following offenses shall be admitted into evidence in an action
437	437	37 under this chapter as prima facie evidence that the money, negotiable
438	438	38 instrument, security, or other thing of value is property that has been
439	439	39 used or was to have been used to facilitate the violation of a criminal
440	440	40 statute or is the proceeds of the violation of a criminal statute:
441	441	41 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
442	442	42 death).
443	443	2025 IN 158—LS 6653/DI 106 11
444	444	1 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
445	445	2 narcotic drug).
446	446	3 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
447	447	4 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
448	448	5 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
449	449	6 substance).
450	450	7 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
451	451	8 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
452	452	9 as a Level 4 felony.
453	453	10 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
454	454	11 Level 3, Level 4, or Level 5 felony.
455	455	12 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
456	456	13 3, Level 4, or Level 5 felony.
457	457	14 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
458	458	15 salvia) as a Level 5 felony.
459	459	16 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
460	460	17 in a synthetic drug or synthetic drug lookalike substance) as a
461	461	18 Level 5 felony or Level 6 felony (or as a Class C felony or Class
462	462	19 D felony under IC 35-48-4-10 before its amendment in 2013).
463	463	20 (e) A vehicle operated by a person who is not:
464	464	21 (1) an owner of the vehicle; or
465	465	22 (2) the spouse of the person who owns the vehicle;
466	466	23 is not subject to seizure under subsection (a)(15) unless it can be
467	467	24 proven by a preponderance of the evidence that the owner of the
468	468	25 vehicle knowingly permitted the vehicle to be used to engage in
469	469	26 conduct that subjects it to seizure under subsection (a)(15).
470	470	27 SECTION 7. IC 35-44.1-2-13, AS AMENDED BY P.L.174-2021,
471	471	28 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
472	472	29 JULY 1, 2025]: Sec. 13. (a) Except as provided in subsection (b), a
473	473	30 person who, with the intent to obstruct vehicular or pedestrian traffic,
474	474	31 obstructs vehicular or pedestrian traffic commits obstruction of traffic,
475	475	32 a Class B misdemeanor.
476	476	33 (b) The offense described in subsection (a) is:
477	477	34 (1) a Class A misdemeanor if the offense:
478	478	35 (A) includes the use of a motor vehicle; or
479	479	36 (B) is committed in connection with reckless driving
480	480	37 involving a rotational skid under IC 9-21-8-52(b);
481	481	38 (2) a Level 6 felony if:
482	482	39 (A) the offense results in serious bodily injury;
483	483	40 (B) the person blocks an authorized emergency vehicle (as
484	484	41 defined in IC 9-13-2-6) while the vehicle is:
485	485	42 (i) responding to an emergency call;
486	486	2025 IN 158—LS 6653/DI 106 12
487	487	1 (ii) in the pursuit of an actual or suspected violator of the
488	488	2 law; or
489	489	3 (iii) responding to, but not returning from, a fire alarm;
490	490	4 if the vehicle is using visible or audible signals as required by
491	491	5 law; or
492	492	6 (C) the person obstructs the entryway to a facility that provides
493	493	7 emergency medical services; and
494	494	8 (3) a Level 5 felony if the offense results in catastrophic bodily
495	495	9 injury or death.
496	496	10 (c) A person who unreasonably obstructs vehicular or pedestrian
497	497	11 traffic commits a Class C infraction.
498	498	12 (d) It is a defense to an action under subsection (c) that the
499	499	13 obstruction was caused by a vehicle malfunction.
500	500	14 SECTION 8. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
501	501	15 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
502	502	16 JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
503	503	17 (1) forcibly resists, obstructs, or interferes with a law enforcement
504	504	18 officer or a person assisting the officer while the officer is
505	505	19 lawfully engaged in the execution of the officer's duties;
506	506	20 (2) forcibly resists, obstructs, or interferes with the authorized
507	507	21 service or execution of a civil or criminal process or order of a
508	508	22 court; or
509	509	23 (3) flees from a law enforcement officer after the officer has, by
510	510	24 visible or audible means, including operation of the law
511	511	25 enforcement officer's siren or emergency lights, identified himself
512	512	26 or herself and ordered the person to stop;
513	513	27 commits resisting law enforcement, a Class A misdemeanor, except as
514	514	28 provided in subsection (c).
515	515	29 (b) A person who, having been denied entry by a firefighter, an
516	516	30 emergency medical services provider, or a law enforcement officer,
517	517	31 knowingly or intentionally enters an area that is marked off with barrier
518	518	32 tape or other physical barriers, commits interfering with public safety,
519	519	33 a Class B misdemeanor, except as provided in subsection (c) or (k).
520	520	34 (c) The offense under subsection (a) or (b) is a:
521	521	35 (1) Level 6 felony if:
522	522	36 (A) the person uses a vehicle to commit the offense; or
523	523	37 (B) while committing the offense, the person:
524	524	38 (i) draws or uses a deadly weapon; or
525	525	39 (ii) inflicts bodily injury on or otherwise causes bodily injury
526	526	40 to another person; or
527	527	41 (iii) operates a vehicle in a manner that creates a substantial
528	528	42 risk of bodily injury to another person;
529	529	2025 IN 158—LS 6653/DI 106 13
530	530	1 (2) Level 5 felony if:
531	531	2 (A) while committing the offense, the person operates a
532	532	3 vehicle in a manner that:
533	533	4 (i) causes serious bodily injury to another person; or
534	534	5 (ii) creates a substantial risk of bodily injury to another
535	535	6 person; or
536	536	7 (B) the person uses a vehicle to commit the offense and the
537	537	8 person has a prior unrelated conviction under this section
538	538	9 involving the use of a vehicle in the commission of the
539	539	10 offense;
540	540	11 (3) Level 3 felony if, while committing the offense, the person
541	541	12 operates a vehicle in a manner that causes the death or
542	542	13 catastrophic injury of another person; and
543	543	14 (4) Level 2 felony if, while committing any offense described in
544	544	15 subsection (a), the person operates a vehicle in a manner that
545	545	16 causes the death or catastrophic injury of a firefighter, an
546	546	17 emergency medical services provider, or a law enforcement
547	547	18 officer while the firefighter, emergency medical services provider,
548	548	19 or law enforcement officer is engaged in the firefighter's,
549	549	20 emergency medical services provider's, or officer's official duties.
550	550	21 (d) The offense under subsection (a) is a Level 6 felony if, while
551	551	22 committing an offense under:
552	552	23 (1) subsection (a)(1) or (a)(2), the person:
553	553	24 (A) creates a substantial risk of bodily injury to the person or
554	554	25 another person; and
555	555	26 (B) has two (2) or more prior unrelated convictions under
556	556	27 subsection (a); or
557	557	28 (2) subsection (a)(3), the person has two (2) or more prior
558	558	29 unrelated convictions under subsection (a).
559	559	30 (e) If a person uses a vehicle to commit a felony offense under
560	560	31 subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
561	561	32 penalty imposed for the offense, the court shall impose a minimum
562	562	33 executed sentence of at least:
563	563	34 (1) thirty (30) days, if the person does not have a prior unrelated
564	564	35 conviction under this section;
565	565	36 (2) one hundred eighty (180) days, if the person has one (1) prior
566	566	37 unrelated conviction under this section; or
567	567	38 (3) one (1) year, if the person has two (2) or more prior unrelated
568	568	39 convictions under this section.
569	569	40 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
570	570	41 minimum sentence imposed under subsection (e) may not be
571	571	42 suspended.
572	572	2025 IN 158—LS 6653/DI 106 14
573	573	1 (g) If a person is convicted of an offense involving the use of a
574	574	2 motor vehicle under:
575	575	3 (1) subsection (c)(1)(A), if the person exceeded the speed limit by
576	576	4 at least twenty (20) miles per hour while committing the offense;
577	577	5 (2) subsection (c)(2); or
578	578	6 (3) subsection (c)(3);
579	579	7 the court may notify the bureau of motor vehicles to suspend or revoke
580	580	8 the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
581	581	9 period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
582	582	10 court shall inform the bureau whether the person has been sentenced
583	583	11 to a term of incarceration. At the time of conviction, the court may
584	584	12 obtain the person's current driver's license and return the license to the
585	585	13 bureau of motor vehicles.
586	586	14 (h) A person may not be charged or convicted of a crime under
587	587	15 subsection (a)(3) if the law enforcement officer is a school resource
588	588	16 officer acting in the officer's capacity as a school resource officer.
589	589	17 (i) A person who commits an offense described in subsection (c)
590	590	18 commits a separate offense for each person whose bodily injury,
591	591	19 serious bodily injury, catastrophic injury, or death is caused by a
592	592	20 violation of subsection (c).
593	593	21 (j) A court may order terms of imprisonment imposed on a person
594	594	22 convicted of more than one (1) offense described in subsection (c) to
595	595	23 run consecutively. Consecutive terms of imprisonment imposed under
596	596	24 this subsection are not subject to the sentencing restrictions set forth in
597	597	25 IC 35-50-1-2(c) through IC 35-50-1-2(d).
598	598	26 (k) As used in this subsection, "family member" means a child,
599	599	27 grandchild, parent, grandparent, or spouse of the person. It is a defense
600	600	28 to a prosecution under subsection (b) that the person reasonably
601	601	29 believed that the person's family member:
602	602	30 (1) was in the marked off area; and
603	603	31 (2) had suffered bodily injury or was at risk of suffering bodily
604	604	32 injury;
605	605	33 if the person is not charged as a defendant in connection with the
606	606	34 offense, if applicable, that caused the area to be secured by barrier tape
607	607	35 or other physical barriers.
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