Introduced Version
HOUSE BILL No. 1016
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-24;
IC 9-29-13-1
; IC 9-30; IC 31-37.
Synopsis: Driver's license privileges. Provides that if a court
recommends suspension of a person's driving privileges and the person
has no earlier conviction of operating while intoxicated or has only an
earlier conviction that occurred at least ten years before the offense
under consideration, and the person did not refuse to submit to a
chemical test, the court may grant probationary driving privileges.
Provides that if a person has been convicted twice in a ten year period
of operating a vehicle or a motorboat while intoxicated, the court shall
order each motor vehicle owned or leased by the person to be equipped
with a functioning certified ignition interlock device, and if the court
grants probationary driving privileges, the person may not operate a
motor vehicle unless the motor vehicle is equipped with a functioning
certified ignition interlock device. Makes it a Class B misdemeanor if
a person knowingly or intentionally authorizes or permits a motor
vehicle to be driven by a person whose driving privileges have been
suspended and who does not have probationary driving privileges.
Requires a 30 day driver's license suspension for a person convicted of
this crime. Makes it a Class B infraction if a person fails to equip each
vehicle owned or leased by the person with a functioning certified
ignition interlock device within 10 days after an order by the court.
Makes conforming amendments.
Effective: July 1, 2002.
Duncan, Cook
January 8, 2002, read first time and referred to Committee on Courts and Criminal Code.
Introduced
Second Regular Session 112th General Assembly (2002)
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 2001 General Assembly.
HOUSE BILL No. 1016
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 9-24-15-9; (02)IN1016.1.1. -->
SECTION 1.
IC 9-24-15-9
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9. (a) Except as
provided in subsection subsections (b) and (c) and section 6.5 of this
chapter, an individual may not receive a restricted driving permit if the
individual's driving privileges are suspended under
IC 9-30-5
through
IC 9-30-9
or
IC 9-30-13-3.
(b) If the individual's driving privileges are suspended under
IC 9-30-6-9
(b) and the individual does not have a previous conviction
for operating while intoxicated, the individual may receive a restricted
driving permit if the individual otherwise qualifies for the permit.
(c) If the individual's driving privileges are suspended under
IC 9-30-5-10.5
, the individual may receive a restricted driving
permit if the individual otherwise qualifies for the permit.
SOURCE: IC 9-24-18-4; (02)IN1016.1.2. -->
SECTION 2.
IC 9-24-18-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4.
(a) Except as
provided in subsection (b), a person
may not authorize or who
knowingly
permit or intentionally authorizes or permits a motor
vehicle owned by the person or under the person's control to be driven
by a person who does not have a legal right to do so or in violation of
this title
(b) A person who violates this section commits a Class C infraction.
(b) A person who knowingly or intentionally authorizes or
permits a motor vehicle owned by the person or under the person's
control to be driven by another person:
(1) whose driving privileges have been suspended under
IC 9-30-5-10
; and
(2) who does not have probationary driving privileges granted
under
IC 9-30-5-10
;
commits a Class B misdemeanor.
(c) A conviction for an offense under subsection (b) must result
in the suspension of the driving privileges of the convicted person.
(d) The court imposing sentence for a violation under subsection
(b) shall issue an order to the bureau:
(1) stating that the person has been convicted of an offense
under subsection (b); and
(2) ordering suspension of the person's driving privileges
under
IC 9-30-5-10.5
(a).
The suspension of a person's driving privileges under this section
is in addition to other penalties prescribed by
IC 35-50-3-3
for a
Class B misdemeanor.
SOURCE: IC 9-29-13-1; (02)IN1016.1.3. -->
SECTION 3.
IC 9-29-13-1
, AS AMENDED BY P.L.117-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. The fee for the reinstatement of operating or
registration privileges that have been suspended by administrative
action under this title or by court order under
IC 9-24-18-4
(d) or
IC 9-25-6-21
is ten dollars ($10).
SOURCE: IC 9-30-5-7; (02)IN1016.1.4. -->
SECTION 4.
IC 9-30-5-7
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 7. (a) A person who violates a court
order issued under section 16 of this chapter commits a Class A
misdemeanor.
(b) Except as provided in subsection (c), a person who knowingly
assists another person who is restricted to the use of an ignition
interlock device to violate a court order issued under this chapter
commits a Class A misdemeanor.
(c) Subsection (b) does not apply if the starting of a motor vehicle,
or the request to start a motor vehicle, equipped with an ignition
interlock device:
(1) is done for the purpose of safety or mechanical repair of the
device or the vehicle; and
(2) the restricted person does not operate the vehicle.
(d) A person who, except in an emergency, knowingly rents, leases,
or loans a motor vehicle that is not equipped with a functioning ignition
interlock device to a person who is restricted under a court order to the
use of a vehicle with an ignition interlock device commits a Class A
infraction.
(e) A person who is subject to an ignition interlock device
restriction and drives another vehicle in an emergency situation must
notify the court of the emergency within twenty-four (24) hours.
(f) A person who fails to equip each vehicle owned or leased by
the person with a functioning certified ignition interlock device
within ten (10) days after the court enters an order under section
10(d) or 10(e) of this chapter commits a Class B infraction.
SOURCE: IC 9-30-5-10; (02)IN1016.1.5. -->
SECTION 5.
IC 9-30-5-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10. (a) In addition to a
criminal penalty imposed for an offense under this chapter or
IC 14-15-8
, the court shall, after reviewing the person's bureau driving
record and other relevant evidence, recommend the suspension of the
person's driving privileges for the fixed period of time specified under
this section.
(b) If the court finds that the person:
(1) does not have a previous conviction of operating a vehicle or
a motorboat while intoxicated; or
(2) has a previous conviction of operating a vehicle or a
motorboat while intoxicated that occurred at least ten (10) years
before the conviction under consideration by the court;
the court shall recommend the suspension of the person's driving
privileges for at least ninety (90) days but not more than two (2) years.
(c)
If:
(1) a court recommends suspension of a person's driving
privileges under subsection (b) for an offense committed
under this chapter; and
(2) the person did not refuse to submit to a chemical test
offered under
IC 9-30-6-2
during the investigation of the
offense;
the court may stay the execution of the suspension of the person's
driving privileges and grant the person probationary driving
privileges for one hundred eighty (180) days.
(d) If the court finds that the person has a previous conviction of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred more than five (5) years but less than ten (10)
years before the conviction under consideration by the court, the court
shall recommend the suspension of the person's driving privileges for
at least one hundred eighty (180) days but not more than two (2) years.
The court shall order that each motor vehicle owned or leased by
the person be equipped with a functioning certified ignition
interlock device under
IC 9-30-8
within ten (10) days after the date
the court enters the order. The court may stay the execution of that
part of the suspension that exceeds the minimum period of suspension
and grant the person probationary driving privileges for a period of
time equal to the length of the stay. If the court grants probationary
driving privileges under this subsection, the court may shall order that
the probationary driving privileges include the requirement that the
person may not operate a motor vehicle unless the motor vehicle is
equipped with a functioning certified ignition interlock device under
IC 9-30-8.
(d) (e) If the court finds that the person has a previous conviction of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred less than five (5) years before the conviction under
consideration by the court, the court shall recommend the suspension
of the person's driving privileges for at least one (1) year but not more
than two (2) years. The court shall order that each motor vehicle
owned or leased by the person be equipped with a functioning
certified ignition interlock device under
IC 9-30-8
within ten (10)
days after the date the court enters the order. The court may stay the
execution of that part of the suspension that exceeds the minimum
period of suspension and grant the person probationary driving
privileges for a period of time equal to the length of the stay. If the
court grants probationary driving privileges under this subsection, the
court may shall order that the probationary driving privileges include
the requirement that the person may not operate a motor vehicle unless
the motor vehicle is equipped with a functioning certified ignition
interlock device under
IC 9-30-8.
(e) (f) If the conviction under consideration by the court is for an
offense under:
(1) section 4 of this chapter;
(2) section 5 of this chapter;
(3)
IC 14-15-8-8
(b); or
(4)
IC 14-15-8-8
(c);
the court shall recommend the suspension of the person's driving
privileges for at least two (2) years but not more than five (5) years.
(f) (g) If the conviction under consideration by the court is for an
offense involving the use of a controlled substance listed in schedule
I, II, III, IV, or V of
IC 35-48-2
, the court shall recommend the
suspension or revocation of the person's driving privileges for at least
six (6) months.
SOURCE: IC 9-30-5-10.5; (02)IN1016.1.6. -->
SECTION 6.
IC 9-30-5-10.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 10.5. (a) Upon receiving an order issued by a court
under
IC 9-24-18-4
(d)(2), the bureau shall do the following:
(1) Suspend under subsection (b) the driving privileges of the
person who is the subject of the order, whether or not the
person's current driver's license accompanies the order.
(2) Mail to the last known address of the person who is the
subject of the order a notice:
(A) stating that the person's driver's license is being
suspended because the person violated
IC 9-24-18-4
(b) by
permitting a motor vehicle to be driven by another person
whose driver's license is suspended;
(B) setting forth the dates on which the suspension takes
effect and ends; and
(C) stating that the person may be granted a restricted
driving permit under
IC 9-24-15-9
(c) if the person meets
the conditions for obtaining a restricted driving permit.
(b) The suspension of the driving privileges of a person who is
the subject of an order issued under
IC 9-24-18-4
(d):
(1) begins five (5) business days after the date on which the
bureau mails the notice to the person under subsection (a)(2);
and
(2) ends thirty (30) days after the suspension begins.
(c) A person who operates a motor vehicle during a suspension
of the person's driving privileges under this section commits a
Class A infraction unless the person's operation of the motor
vehicle is authorized by a restricted driving permit issued to the
person under
IC 9-24-15-9
(c).
SOURCE: IC 9-30-5-11; (02)IN1016.1.7. -->
SECTION 7.
IC 9-30-5-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 11. (a) If a court grants
a person probationary driving privileges under
section 12 of this
chapter, the person may operate a vehicle only as follows:
(1) To and from the person's place of employment.
(2) For specific purposes in exceptional circumstances.
(3) To and from a court-ordered treatment program.
(b) If the court grants the person probationary driving privileges
under
section 12(a) section 10(c) of this chapter, that part of the court's
order granting probationary driving privileges does not take effect until
the person's driving privileges have been suspended for at least thirty
(30) days under
IC 9-30-6-9.
(c) The court shall notify a person who is granted probationary
driving privileges of the following:
(1) That the probationary driving period commences when the
bureau issues the probationary license.
(2) That the bureau may not issue a probationary license until the
bureau receives a reinstatement fee from the person and the
person otherwise qualifies for a license.
SOURCE: IC 9-30-5-12; (02)IN1016.1.8. -->
SECTION 8.
IC 9-30-5-12
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 12. (a) If:
(1) a court recommends suspension of a person's driving
privileges under section 10(b) of this chapter for an offense
committed under this chapter; and
(2) the person did not refuse to submit to a chemical test offered
under IC 9-30-6-2 during the investigation of the offense;
the court may stay the execution of the suspension of the person's
driving privileges and grant the person probationary driving privileges
for one hundred eighty (180) days.
(b) An order (a) All orders for probationary privileges must be
issued in accordance with sections 11 and 13 of this chapter.
(c) (b) If:
(1) a court recommends suspension of a person's driving
privileges under section 10(c), 10(d), or 10(e), or 10(f) of this
chapter for an offense committed under this chapter; and
(2) the period of suspension recommended by the court exceeds
the minimum permissible fixed period of suspension specified
under section 10 of this chapter;
the court may stay the execution of that part of the suspension that
exceeds the minimum fixed period of suspension and grant the person
probationary driving privileges for a period of time equal to the length
of the stay.
(d) (c) In addition to the other requirements of this section, if a
person's driving privileges are suspended or revoked under section
10(f) section 10(g) of this chapter, a court must find that compelling
circumstances warrant the issuance of probationary driving privileges.
(e) (d) Before a court may grant probationary driving privileges
under this section, the person to whom the probationary driving
privileges will be granted must meet the burden of proving eligibility
to receive probationary driving privileges.
SOURCE: IC 9-30-5-13; (02)IN1016.1.9. -->
SECTION 9.
IC 9-30-5-13
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 13. (a) An order for
probationary driving privileges granted under
section 12 of this chapter
must include the following:
(1) A requirement that the person may not violate a traffic law.
(2) A restriction of a person's driving privileges providing for
automatic execution of the suspension of driving privileges if an
order is issued under subsection (b).
(3) A written finding by the court that the court has reviewed the
person's driving record and other relevant evidence and found that
the person qualifies for a probationary license under section 12 of
this chapter.
(4) Other reasonable terms of probation.
(b) If the court finds that the person has violated the terms of the
order granting probationary driving privileges, the court shall order
execution of that part of the sentence concerning the suspension of the
person's driving privileges.
SOURCE: IC 9-30-8-1; (02)IN1016.1.10. -->
SECTION 10.
IC 9-30-8-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. If a court orders the
installation of a certified ignition interlock device under:
(1)
IC 9-30-5-10
on a motor vehicle that a person whose
license is suspended; or
(2)
IC 9-30-5-16
on a motor vehicle that a person whose license
is restricted;
owns, leases, or expects to operate, the court shall set the time that the
installation must remain in effect. However, the term may not exceed
the maximum term of imprisonment the court could have imposed. The
person shall pay the cost of installation.
SOURCE: IC 31-37-5-7; (02)IN1016.1.11. -->
SECTION 11.
IC 31-37-5-7
, AS ADDED BY P.L.32-2000,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 7. (a) If a child is alleged to have committed an
act that would be an offense under
IC 9-30-5
if committed by an adult,
a juvenile court shall recommend the immediate suspension of the
child's driving privileges as provided in
IC 9-30-5.
If a court
recommends suspension of a child's driving privileges under this
section, the bureau of motor vehicles shall comply with the
recommendation of suspension as provided in
IC 9-30-6-12.
(b) If a court recommends suspension of a child's driving privileges
under this section, the court may order the bureau of motor vehicles to
reinstate the child's driving privileges as provided in
IC 9-30-6-11.
(c) If a juvenile court orders the bureau of motor vehicles to
reinstate a child's driving privileges under subsection (b), the bureau
shall comply with the order. Unless the order for reinstatement is
issued as provided under
IC 9-30-6-11
(a)(2) because of a violation of
the speedy trial provisions applicable to the juvenile court, the bureau
shall also do the following:
(1) Remove any record of the suspension from the bureau's record
keeping system.
(2) Reinstate the privileges without cost to the person.
(d) If a juvenile court orders a suspension under this section and the
child did not refuse to submit to a chemical test offered under
IC 9-30-6-2
during the investigation of the delinquent act that would
have been an offense under
IC 9-30-5
if committed by an adult, the
juvenile court may grant the child probationary driving privileges for
one hundred eighty (180) days in conformity with the procedures in
IC 9-30-5-12.
IC 9-30-5-10
(c). The standards and procedures in
IC 9-30-5-11
and
IC 9-30-5-13
apply to an action under this subsection.
(e) If a proceeding described in this section is terminated in favor of
the child and the child did not refuse to submit to a chemical test
offered as provided under
IC 9-30-6-2
during the investigation of the
delinquent act that would be an offense under
IC 9-30-5
if committed
by an adult, the bureau shall remove any record of the suspension,
including the reasons for the suspension, from the child's official
driving record.
(f) The bureau of motor vehicles may adopt rules under
IC 4-22-2
to carry out this section.
SOURCE: IC 31-37-19-17.3; (02)IN1016.1.12. -->
SECTION 12.
IC 31-37-19-17.3
, AS ADDED BY P.L.32-2000,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 17.3. (a) This section applies if a child is a
delinquent child under
IC 31-37-1
due to the commission of a
delinquent act that, if committed by an adult, would be an offense
under
IC 9-30-5.
(b) The juvenile court shall, in addition to any other order or decree
the court makes under this chapter, recommend the suspension of the
child's driving privileges as provided in
IC 9-30-5.
If a court
recommends suspension of a child's driving privileges under this
section, the bureau of motor vehicles shall comply with the
recommendation of suspension as provided in
IC 9-30-6-12.
(c) If a court recommends suspension of a child's driving privileges
under this section, the court may order the bureau of motor vehicles to
reinstate the child's driving privileges as provided in
IC 9-30-6-11.
(d) If a juvenile court orders the bureau of motor vehicles to
reinstate a child's driving privileges under subsection (c), the bureau
shall comply with the order. Unless the order for reinstatement is
issued as provided under
IC 9-30-6-11
(a)(2) because of a violation of
the speedy trial provisions applicable to the juvenile court, the bureau
shall also do the following:
(1) Remove any record of the suspension from the bureau's record
keeping system.
(2) Reinstate the privileges without cost to the person.
(e) If:
(1) a juvenile court recommends suspension of a child's driving
privileges under this section; and
(2) the child did not refuse to submit to a chemical test offered as
provided under
IC 9-30-6-2
during the investigation of the
delinquent act that would be an offense under
IC 9-30-5
if
committed by an adult;
the juvenile court may stay the execution of the suspension of the
child's driving privileges and grant the child probationary driving
privileges for one hundred eighty (180) days.
(f) If a juvenile court orders a suspension under this section and the
child did not refuse to submit to a chemical test offered under
IC 9-30-6-2
during the investigation of the delinquent act that would
have been an offense under
IC 9-30-5
if committed by an adult, the
juvenile court may grant the child probationary driving privileges for
one hundred eighty (180) days in conformity with the procedures in
IC 9-30-5-12.
IC 9-30-5-10
(c). The standards and procedures in
IC 9-30-5-11
and
IC 9-30-5-13
apply to an action under this subsection.
(g) A child whose driving privileges are suspended under this
section is entitled to credit for any days during which the license was
suspended under
IC 31-37-5-7
, if the child did not refuse to submit to
a chemical test offered as provided under
IC 9-30-6-2
during the
investigation of the delinquent act that would be an offense under
IC 9-30-5
if committed by an adult.
(h) A period of suspension of driving privileges imposed under this
section must be consecutive to any period of suspension imposed under
IC 31-37-5-7.
However, if the juvenile court finds in the sentencing
order that it is in the best interest of society, the juvenile court may
terminate all or any part of the remaining suspension under
IC 31-37-5-7.
(i) The bureau of motor vehicles may adopt rules under
IC 4-22-2
to carry out this section.
SOURCE: IC 31-37-19-17.4; (02)IN1016.1.13. -->
SECTION 13.
IC 31-37-19-17.4
IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]:
Sec. 17.4. (a) This section applies if a
child is adjudicated a delinquent child because the child committed
an act that, if committed by an adult, would be a crime under
IC 9-24-18-4
(b) (permitting a motor vehicle to be driven by
another person whose driver's license is suspended).
(b) The juvenile court shall, in addition to any other order or
decree the court makes under this chapter, order the bureau of
motor vehicles to:
(1) suspend the child's operator's license; or
(2) invalidate the child's learner's permit;
under
IC 9-30-5-10.5
in the same manner as the bureau of motor
vehicles is required to suspend the driving privileges of a person
convicted of permitting a motor vehicle to be driven by another
person whose driver's license is suspended.