Indiana 2025 Regular Session

Indiana Senate Bill SB0429 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. 429
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 9-24-18; IC 33-39-2-8; IC 35-38-1-34;
7	7	IC 35-52-9.1.
8	8	Synopsis: Public safety and noncitizen crimes. Increases the penalty
9	9	for operating a motor vehicle without having ever received a driver's
10	10	license to: (1) a Level 6 felony if the crime results in serious bodily
11	11	injury to another person; and (2) a Level 5 felony if the crime results in
12	12	catastrophic injury or death to another person. Makes it a Class A
13	13	misdemeanor to permit an individual who has never received a driver's
14	14	license to operate a motor vehicle if the person who owns the vehicle
15	15	knows that the individual has never received a license. Makes it a Class
16	16	A misdemeanor to apply for a driver's license or permit with the intent
17	17	to transfer the license or permit to an individual not entitled to the
18	18	license or permit, and increases the penalty to: (1) a Level 6 felony if
19	19	the offense involves at least two but less than 10 individuals, or if the
20	20	person uses a business or nonprofit organization to commit the offense;
21	21	and (2) a Level 5 felony if the offense involves at least 10 individuals.
22	22	Requires the prosecuting attorney of each judicial circuit to collect
23	23	certain information relating to crimes committed by noncitizens and to
24	24	transmit this information to the attorney general. Requires a court,
25	25	when sentencing a noncitizen convicted of a crime, to order custody of
26	26	the noncitizen to be transferred to United States Immigration and
27	27	Customs Enforcement (ICE) upon completion of the sentence, unless
28	28	another jurisdiction has a hold on the individual due to criminal
29	29	charges or a conviction.
30	30	Effective: July 1, 2025.
31	31	Koch
32	32	January 13, 2025, read first time and referred to Committee on Corrections and Criminal
33	33	Law.
34	34	2025 IN 429—LS 7277/DI 106 Introduced
35	35	First Regular Session of the 124th General Assembly (2025)
36	36	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
37	37	Constitution) is being amended, the text of the existing provision will appear in this style type,
38	38	additions will appear in this style type, and deletions will appear in this style type.
39	39	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
40	40	provision adopted), the text of the new provision will appear in this style type. Also, the
41	41	word NEW will appear in that style type in the introductory clause of each SECTION that adds
42	42	a new provision to the Indiana Code or the Indiana Constitution.
43	43	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
44	44	between statutes enacted by the 2024 Regular Session of the General Assembly.
45	45	SENATE BILL No. 429
46	46	A BILL FOR AN ACT to amend the Indiana Code concerning
47	47	public safety.
48	48	Be it enacted by the General Assembly of the State of Indiana:
49	49	1 SECTION 1. IC 9-24-18-1, AS AMENDED BY P.L.111-2021,
50	50	2 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
51	51	3 JULY 1, 2025]: Sec. 1. (a) An individual, except an individual
52	52	4 exempted under IC 9-24-1-7, who knowingly or intentionally operates
53	53	5 a motor vehicle upon a highway and has never received a valid driver's
54	54	6 license commits a Class C misdemeanor. However, the offense is:
55	55	7 (1) a Class A misdemeanor if the individual has a prior unrelated
56	56	8 conviction under this section;
57	57	9 (2) a Level 6 felony if the individual causes serious bodily
58	58	10 injury to another person; and
59	59	11 (3) a Level 5 felony if the individual causes catastrophic injury
60	60	12 or death to another person.
61	61	13 (b) In a prosecution under this section, the burden is on the
62	62	14 defendant to prove by a preponderance of the evidence that the
63	63	15 defendant:
64	64	16 (1) had been issued a driver's license or permit that was valid; or
65	65	17 (2) was operating a motor driven cycle;
66	66	2025 IN 429—LS 7277/DI 106 2
67	67	1 at the time of the alleged offense. However, it is not a defense under
68	68	2 subdivision (2) if the defendant was operating the motor driven cycle
69	69	3 in violation of IC 9-21-11-12.
70	70	4 SECTION 2. IC 9-24-18-2.2 IS ADDED TO THE INDIANA CODE
71	71	5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
72	72	6 1, 2025]: Sec. 2.2. A person who applies for or receives a driver's
73	73	7 license or permit, with the intent to transfer, directly or indirectly,
74	74	8 the driver's license or permit to an individual not entitled to use a
75	75	9 driver's license or permit, commits fraudulent transfer of a
76	76	10 driver's license, a Class A misdemeanor. However, the offense is:
77	77	11 (1) a Level 6 felony if:
78	78	12 (A) the person uses a business or nonprofit organization to
79	79	13 commit or facilitate the commission of the offense; or
80	80	14 (B) the person transfers or attempts to transfer the driver's
81	81	15 license or permit to at least two (2) but less than ten (10)
82	82	16 individuals; and
83	83	17 (2) a Level 5 felony if the person transfers or attempts to
84	84	18 transfer the driver's license or permit to at least ten (10)
85	85	19 individuals.
86	86	20 SECTION 3. IC 9-24-18-4.5 IS ADDED TO THE INDIANA CODE
87	87	21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
88	88	22 1, 2025]: Sec. 4.5. (a) A person who, knowing that an individual has
89	89	23 never received a valid driver's license, authorizes or permits the
90	90	24 individual to operate a motor vehicle owned by the person or under
91	91	25 the person's control, commits a Class A misdemeanor.
92	92	26 (b) It is not a defense to a prosecution under this section that the
93	93	27 individual has not been:
94	94	28 (1) charged with an offense under section 1 of this chapter; or
95	95	29 (2) convicted of an offense under section 1 of this chapter.
96	96	30 SECTION 4. IC 33-39-2-8 IS ADDED TO THE INDIANA CODE
97	97	31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
98	98	32 1, 2025]: Sec. 8. (a) As used in this section, "noncitizen" means a
99	99	33 person who is not a citizen of the United States.
100	100	34 (b) The prosecuting attorney of each judicial circuit shall collect
101	101	35 and retain the following information:
102	102	36 (1) The number of noncitizens charged with an offense.
103	103	37 (2) The number of noncitizens convicted of an offense.
104	104	38 (3) The sentences imposed on noncitizens convicted of an
105	105	39 offense.
106	106	40 (4) Any other information requested by the attorney general
107	107	41 that relates to noncitizens and the criminal justice system.
108	108	42 (c) The information described in subsection (b) shall be
109	109	2025 IN 429—LS 7277/DI 106 3
110	110	1 transmitted to the attorney general before January 1 of each year.
111	111	2 The information shall be transmitted in a form and manner as
112	112	3 determined by the attorney general.
113	113	4 SECTION 5. IC 35-38-1-34 IS ADDED TO THE INDIANA CODE
114	114	5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
115	115	6 1, 2025]: Sec. 34. (a) This section applies to a person who is not a
116	116	7 citizen of the United States.
117	117	8 (b) Except as provided in subsection (c), at the time the court
118	118	9 sentences a person to whom this section applies, the court shall
119	119	10 order:
120	120	11 (1) the department of correction to discharge the person into
121	121	12 the custody of United States Immigration and Customs
122	122	13 Enforcement at the time the person is discharged, if the
123	123	14 person is sentenced to the department of correction;
124	124	15 (2) the sheriff to discharge the person into the custody of
125	125	16 United States Immigration and Customs Enforcement at the
126	126	17 time the person is discharged, if the person is sentenced to
127	127	18 jail;
128	128	19 (3) the community corrections program, probation
129	129	20 department, or other entity supervising the person to transfer
130	130	21 the person to the custody of United States Immigration and
131	131	22 Customs Enforcement at the conclusion of the person's
132	132	23 supervision, if the person is sentenced to a term of supervised
133	133	24 release; or
134	134	25 (4) the person transferred to the custody of United States
135	135	26 Immigration and Customs Enforcement, if the person is not
136	136	27 sentenced to a term of imprisonment or supervision.
137	137	28 (c) If another jurisdiction has placed a hold on the person, or
138	138	29 otherwise requested that the person be transferred to that
139	139	30 jurisdiction due to the person being charged with or convicted of
140	140	31 an offense in that jurisdiction, the court shall order the person
141	141	32 transferred to the other jurisdiction upon the completion of the
142	142	33 person's sentence.
143	143	34 SECTION 6. IC 35-52-9.1-39.2 IS ADDED TO THE INDIANA
144	144	35 CODE AS A NEW SECTION TO READ AS FOLLOWS
145	145	36 [EFFECTIVE JULY 1, 2025]: Sec. 39.2. IC 9-24-18-2.2 defines a
146	146	37 crime concerning driver's licenses.
147	147	38 SECTION 7. IC 35-52-9.1-39.3 IS ADDED TO THE INDIANA
148	148	39 CODE AS A NEW SECTION TO READ AS FOLLOWS
149	149	40 [EFFECTIVE JULY 1, 2025]: Sec. 39.3. IC 9-24-18-4.5 defines a
150	150	41 crime concerning driver's licenses.
151	151	2025 IN 429—LS 7277/DI 106