Introduced Version
SENATE BILL No. 429
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-24-18; IC 33-39-2-8; IC 35-38-1-34;
IC 35-52-9.1.
Synopsis: Public safety and noncitizen crimes. Increases the penalty
for operating a motor vehicle without having ever received a driver's
license to: (1) a Level 6 felony if the crime results in serious bodily
injury to another person; and (2) a Level 5 felony if the crime results in
catastrophic injury or death to another person. Makes it a Class A
misdemeanor to permit an individual who has never received a driver's
license to operate a motor vehicle if the person who owns the vehicle
knows that the individual has never received a license. Makes it a Class
A misdemeanor to apply for a driver's license or permit with the intent
to transfer the license or permit to an individual not entitled to the
license or permit, and increases the penalty to: (1) a Level 6 felony if
the offense involves at least two but less than 10 individuals, or if the
person uses a business or nonprofit organization to commit the offense;
and (2) a Level 5 felony if the offense involves at least 10 individuals.
Requires the prosecuting attorney of each judicial circuit to collect
certain information relating to crimes committed by noncitizens and to
transmit this information to the attorney general. Requires a court,
when sentencing a noncitizen convicted of a crime, to order custody of
the noncitizen to be transferred to United States Immigration and
Customs Enforcement (ICE) upon completion of the sentence, unless
another jurisdiction has a hold on the individual due to criminal
charges or a conviction.
Effective: July 1, 2025.
Koch
January 13, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025 IN 429—LS 7277/DI 106 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.
SENATE BILL No. 429
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 9-24-18-1, AS AMENDED BY P.L.111-2021,
2 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1. (a) An individual, except an individual
4 exempted under IC 9-24-1-7, who knowingly or intentionally operates
5 a motor vehicle upon a highway and has never received a valid driver's
6 license commits a Class C misdemeanor. However, the offense is:
7 (1) a Class A misdemeanor if the individual has a prior unrelated
8 conviction under this section;
9 (2) a Level 6 felony if the individual causes serious bodily
10 injury to another person; and
11 (3) a Level 5 felony if the individual causes catastrophic injury
12 or death to another person.
13 (b) In a prosecution under this section, the burden is on the
14 defendant to prove by a preponderance of the evidence that the
15 defendant:
16 (1) had been issued a driver's license or permit that was valid; or
17 (2) was operating a motor driven cycle;
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1 at the time of the alleged offense. However, it is not a defense under
2 subdivision (2) if the defendant was operating the motor driven cycle
3 in violation of IC 9-21-11-12.
4 SECTION 2. IC 9-24-18-2.2 IS ADDED TO THE INDIANA CODE
5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
6 1, 2025]: Sec. 2.2. A person who applies for or receives a driver's
7 license or permit, with the intent to transfer, directly or indirectly,
8 the driver's license or permit to an individual not entitled to use a
9 driver's license or permit, commits fraudulent transfer of a
10 driver's license, a Class A misdemeanor. However, the offense is:
11 (1) a Level 6 felony if:
12 (A) the person uses a business or nonprofit organization to
13 commit or facilitate the commission of the offense; or
14 (B) the person transfers or attempts to transfer the driver's
15 license or permit to at least two (2) but less than ten (10)
16 individuals; and
17 (2) a Level 5 felony if the person transfers or attempts to
18 transfer the driver's license or permit to at least ten (10)
19 individuals.
20 SECTION 3. IC 9-24-18-4.5 IS ADDED TO THE INDIANA CODE
21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
22 1, 2025]: Sec. 4.5. (a) A person who, knowing that an individual has
23 never received a valid driver's license, authorizes or permits the
24 individual to operate a motor vehicle owned by the person or under
25 the person's control, commits a Class A misdemeanor.
26 (b) It is not a defense to a prosecution under this section that the
27 individual has not been:
28 (1) charged with an offense under section 1 of this chapter; or
29 (2) convicted of an offense under section 1 of this chapter.
30 SECTION 4. IC 33-39-2-8 IS ADDED TO THE INDIANA CODE
31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
32 1, 2025]: Sec. 8. (a) As used in this section, "noncitizen" means a
33 person who is not a citizen of the United States.
34 (b) The prosecuting attorney of each judicial circuit shall collect
35 and retain the following information:
36 (1) The number of noncitizens charged with an offense.
37 (2) The number of noncitizens convicted of an offense.
38 (3) The sentences imposed on noncitizens convicted of an
39 offense.
40 (4) Any other information requested by the attorney general
41 that relates to noncitizens and the criminal justice system.
42 (c) The information described in subsection (b) shall be
2025 IN 429—LS 7277/DI 106 3
1 transmitted to the attorney general before January 1 of each year.
2 The information shall be transmitted in a form and manner as
3 determined by the attorney general.
4 SECTION 5. IC 35-38-1-34 IS ADDED TO THE INDIANA CODE
5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
6 1, 2025]: Sec. 34. (a) This section applies to a person who is not a
7 citizen of the United States.
8 (b) Except as provided in subsection (c), at the time the court
9 sentences a person to whom this section applies, the court shall
10 order:
11 (1) the department of correction to discharge the person into
12 the custody of United States Immigration and Customs
13 Enforcement at the time the person is discharged, if the
14 person is sentenced to the department of correction;
15 (2) the sheriff to discharge the person into the custody of
16 United States Immigration and Customs Enforcement at the
17 time the person is discharged, if the person is sentenced to
18 jail;
19 (3) the community corrections program, probation
20 department, or other entity supervising the person to transfer
21 the person to the custody of United States Immigration and
22 Customs Enforcement at the conclusion of the person's
23 supervision, if the person is sentenced to a term of supervised
24 release; or
25 (4) the person transferred to the custody of United States
26 Immigration and Customs Enforcement, if the person is not
27 sentenced to a term of imprisonment or supervision.
28 (c) If another jurisdiction has placed a hold on the person, or
29 otherwise requested that the person be transferred to that
30 jurisdiction due to the person being charged with or convicted of
31 an offense in that jurisdiction, the court shall order the person
32 transferred to the other jurisdiction upon the completion of the
33 person's sentence.
34 SECTION 6. IC 35-52-9.1-39.2 IS ADDED TO THE INDIANA
35 CODE AS A NEW SECTION TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2025]: Sec. 39.2. IC 9-24-18-2.2 defines a
37 crime concerning driver's licenses.
38 SECTION 7. IC 35-52-9.1-39.3 IS ADDED TO THE INDIANA
39 CODE AS A NEW SECTION TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2025]: Sec. 39.3. IC 9-24-18-4.5 defines a
41 crime concerning driver's licenses.
2025 IN 429—LS 7277/DI 106