Introduced Version
HOUSE BILL No. 2138
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 9-24-18-12
;
IC 35-46-1-10.5.
Synopsis: Driver's license suspension for minors who smoke. Provides
that if after June 30, 2003, a minor born after June 30, 1987, is found
to have purchased tobacco, accepted tobacco for personal use, or
possessed tobacco on the minor's person, a court may order the minor's
driver's license suspended for up to one year. Provides that if a minor
has an infraction judgment for tobacco purchase, accepting tobacco for
personal use, or possessing tobacco on the minor's person, and the
minor does not hold an operator's license or a learner's permit, the court
may order that the minor may not receive an operator's license or a
learner's permit from the bureau of motor vehicles for at least six
months after the earliest date that the minor would be eligible to
receive a permit from the bureau of motor vehicles. Provides that upon
receipt of a court order following an infraction judgment against a
minor for tobacco purchase, accepting tobacco for personal use, or
possessing tobacco on the minor's person, the bureau of motor vehicles
shall suspend the minor's driver's license for the period ordered by the
court.
Effective: July 1, 2001.
Thompson, Smith V
January 17, 2001, read first time and referred to Committee on Courts and Criminal Code.
Introduced
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 2138
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-24-18-12; (01)IN2138.1.1. -->
SECTION 1.
IC 9-24-18-12
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 12. Upon receipt of a
court order under:
(1)
IC 7.1-5-7-7
(minor possessing, consuming, or transporting
alcohol or having alcohol present in a bodily substance); or
(2)
IC 35-46-1-10.5
(a) (individual less than eighteen (18) years
of age purchasing tobacco, accepting tobacco for personal use,
or possessing tobacco on the individual's person);
the bureau shall suspend the minor's driver's license for the period
ordered by the court.
SOURCE: IC 35-46-1-10.5; (01)IN2138.1.2. -->
SECTION 2.
IC 35-46-1-10.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10.5. (a) A person less
than eighteen (18) years of age who:
(1) purchases tobacco;
(2) accepts tobacco for personal use; or
(3) possesses tobacco on his
or her person;
commits a Class C infraction.
(b) It is a defense under subsection (a) that the accused person acted
in the ordinary course of employment in a business concerning tobacco:
(1) agriculture;
(2) processing;
(3) transporting;
(4) wholesaling; or
(5) retailing.
(c) If a person:
(1) less than eighteen (18) years of age; and
(2) born after June 30, 1987;
violates subsection (a) after June 30, 2003, the court that enters the
judgment for the infraction under subsection (a) may issue an
order recommending that the person's driver's license be
suspended for up to one (1) year.
(d) The court shall deliver an order recommending the
suspension of the person's driver's license under subsection (c) to
the bureau of motor vehicles. The bureau shall suspend the
person's driver's license under
IC 9-24-18-12
for the period
ordered by the court.
(e) If a person receives a judgment for an infraction described
in subsection (a) and the person does not hold an operator's license
or a learner's permit, the court may issue an order recommending
that the person may not receive an operator's license or a learner's
permit from the bureau of motor vehicles until six (6) months after
the earliest date the person would otherwise be eligible to receive
an operator's license or learner's permit from the bureau of motor
vehicles. The bureau may not issue an operator's license or
learner's permit to the person until the date specified in the court's
order.