HOUSE BILL No. 1558
DIGEST OF INTRODUCED BILL
Synopsis: Liability of bureau of motor vehicles for database errors.
Holds the bureau of motor vehicles (BMV) liable for the expenses
incurred by a person who is wrongfully arrested due to inaccurate
information in the computer system of the bureau of motor vehicles.
Effective: July 1, 2001.
January 11, 2001, read first time and referred to Committee on Judiciary.
First Regular Session 112th General Assembly (2001)
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HOUSE BILL No. 1558
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-30-4-3.1; (01)IN1558.1.1. -->
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 3.1. (a) If a law enforcement officer in good faith
arrests a person for an infraction violation based upon information
the law enforcement officer receives from the bureau
inaccurate, the bureau may be liable for the following:
(1) All expenses related to the towing and storage of the
(2) All expenses related to the posting of bail.
(3) Any other expenses incurred by the person that the court
determines to be appropriate.
(b) A person who seeks to recover the expenses under subsection
(a) must file a petition not more than thirty (30) days after the date
of the arrest in the circuit or superior court of the county in which
the person resides. If the person is not a resident of this state, the
person may file a petition in the Marion circuit court.
(c) The petition must state the following:
(1) Facts showing how the bureau information the law
enforcement officer relied upon was inaccurate on the date of
(2) Costs incurred by the person as described in subsection
(d) The court shall, not more than six (6) months after the date
the petition is filed, conduct a hearing. The standard of proof that
must be met before the petitioner may recover is a preponderance
of the evidence.
(e) A receipt or a certified copy of a receipt issued by the court
(6) is admissible in a proceeding under this
SOURCE: IC 34-28-5-9; (01)IN1558.1.2. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9. (a)
The court shall:
(1) designate the traffic violations within the authority of the
violations clerk, but these violations may not include
misdemeanors or felonies;
(2) establish schedules, within limits prescribed by law, of the
judgments to be imposed for first violations, designating each
(3) order that the schedule of judgments be prominently posted in
the place where the fines are paid;
(4) establish a procedure under which any violations clerk or
deputy violations clerk shall accept, receipt, and account for all
money tendered for designated traffic violations;
(5) dismiss deferred actions if a dismissal request is made under
section 1(f) of this chapter (or
(f) before its repeal);
(6) issue a receipt to each motorist upon receiving payment
for an infraction violation.
(b) The receipt described in subsection (a)(6) must include the
(1) Date of payment.
(2) Amount of payment.
(3) Infraction the motorist committed.
(4) Name of motorist.