Introduced Version






HOUSE BILL No. 1207

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-25-7-3 ; IC 9-30-4-6.1 ; IC 31-9-2-42.5 ; IC 31-37-19 .

Synopsis: Driver's license suspension for juvenile offense. Requires a juvenile court to recommend the suspension of a child's driving privileges if the child is found to have committed an act that would be a certain vehicular crime if committed by an adult.

Effective: July 1, 2003.





Lutz J




    January 8, 2003, read first time and referred to Committee on Roads and Transportation.







Introduced

First Regular Session 113th General Assembly (2003)


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.
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HOUSE BILL No. 1207



    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 9-25-7-3; (03)IN1207.1.1. -->     SECTION 1. IC 9-25-7-3 , AS AMENDED BY P.L.1-2001, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) The bureau shall, upon request, cancel a bond or return a certificate of insurance, direct the treasurer of state to return to the person entitled any money or securities deposited under this article as proof of financial responsibility, or waive the requirement of filing proof of financial responsibility in any of the following circumstances:
        (1) At any time after three (3) years from the date the proof was required, if during the three (3) year period preceding the request the person furnishing the proof has not been:
             (A) convicted of an offense referred to in IC 9-30-4-6 ; or
            (B) adjudicated a delinquent child as described in IC 31-37-19-17.4.

        (2) If the person on whose behalf the proof was filed dies or the person becomes permanently incapable of operating a motor vehicle.
        (3) If the person who has given proof of financial responsibility surrenders the person's operator's or chauffeur's license, registration certificates, and registration plates to the bureau. The bureau may not release the proof if an action for damages upon a liability referred to in this article is pending, a judgment upon a liability is outstanding and unsatisfied, or the bureau has received notice that the person has, within the period of three (3) months immediately preceding, been involved as a driver in a motor vehicle accident. An affidavit of the applicant of the nonexistence of the facts referred to in this subdivision is sufficient evidence of the nonexistence of the facts in the absence of evidence to the contrary in the records of the department.
    (b) Whenever a person to whom proof has been surrendered under subsection (a)(3) applies for an operator's or chauffeur's license or the registration of a motor vehicle within a period of three (3) years from the date the proof of financial responsibility was originally required, the bureau shall reject the application unless the applicant reestablishes the proof for the remainder of the period.
SOURCE: IC 9-30-4-6.1; (03)IN1207.1.2. -->     SECTION 2. IC 9-30-4-6.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6.1. (a) The bureau shall suspend without notice or hearing an individual's driver's license or learner's permit if a juvenile court recommends that the individual's driver's license or learner's permit be suspended under IC 31-37-19-17.4.
    (b) If the bureau suspends an individual's driver's license or learner's permit under subsection (a), the bureau may also suspend a certificate of registration and license plate issued for a motor vehicle registered in the individual's name.
    (c) A suspension under this section remains in effect and:
        (1) a new or renewal license may not be issued to; and
        (2) a motor vehicle may not be registered in the name of;
the individual during the period recommended by the juvenile court under IC 31-37-19-17.4.
    (d) Upon expiration of a suspension under this section, and after the individual furnishes proof of financial responsibility, the bureau may issue to the individual the following:
        (1) A learner's permit.
        (2) A new or reinstated driver's license.
        (3) A certificate of registration and license plate.

SOURCE: IC 31-9-2-42.5; (03)IN1207.1.3. -->     SECTION 3. IC 31-9-2-42.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 42.5. "Driving privileges", for purposes of

IC 31-37-19-17.4 , has the meaning set forth in IC 31-37-19-17.4 (a).

SOURCE: IC 31-37-19-17.4; (03)IN1207.1.4. -->     SECTION 4. IC 31-37-19-17.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 17.4. (a) As used in this section, "driving privileges" includes:
        (1) a driver's license; or
        (2) a learner's permit.
    (b) Recommendations made by a juvenile court under this section are in addition to any other order or decree the court makes under this chapter.
    (c) If a juvenile court finds that a child is a delinquent child under IC 31-37-1 because the child has, using a motor vehicle, committed an act that, if committed by an adult, would be a crime under IC 35-42-2-2 , the juvenile court shall recommend to the bureau of motor vehicles that the child's current driving privileges be suspended for a fixed period of at least sixty (60) days and not more than two (2) years.
    (d) If a juvenile court finds that a child is a delinquent child under IC 31-37-1 because the child has, using a motor vehicle, committed an act that, if committed by an adult, would be a crime under IC 35-42-2-4 or IC 35-43-1-2 , the juvenile court may recommend to the bureau of motor vehicles that the child's current driving privileges be suspended for a fixed period of at least sixty (60) days and not more than two (2) years.

    (e) If a juvenile court finds that a child is a delinquent child under IC 31-37-1 because the child has, using a motor vehicle, committed an act that, if committed by an adult, would be a crime under IC 35-42-1-4 or IC 35-42-1-5 , the juvenile court shall recommend to the bureau of motor vehicles that the child's current driving privileges be suspended for a fixed period of at least two (2) years and not more than five (5) years.
SOURCE: IC 31-37-19-18; (03)IN1207.1.5. -->     SECTION 5. IC 31-37-19-18 , AS AMENDED BY P.L.32-2000, SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 18. (a) If the:
         (1) court orders invalidation or denial of issuance of a driver's license or permit as described in IC 31-37-5-7 or section 4, 13, 14, 15, 16, 17, or 17.3 of this chapter (or IC 31-6-4-15.9 (c), IC 31-6-4-15.9 (d), IC 31-6-4-15.9 (e), or IC 31-6-4-15.9 (f) before the repeal of IC 31-6-4-15.9 ):
            (1) (A) the bureau of motor vehicles shall comply with the order for invalidation or denial of issuance; and
            (2) (B) the child shall surrender to the court all driver's

licenses or permits of the child and the court shall immediately forward the licenses or permits to the bureau of motor vehicles; or
         (2) juvenile court recommends suspension of driving privileges under section 17.4 of this chapter:
            (A) the bureau of motor vehicles shall comply with the recommendation; and
            (B) the child shall surrender to the court the child's driver's license or learner's permit, and the court shall immediately forward the driver's license or learner's permit to the bureau of motor vehicles.

     (b) If a juvenile court recommends suspension of driving privileges under section 17.3 of this chapter, IC 9-30-6-12 (b), IC 9-30-6-12 (c), and IC 9-30-6-12 (d) apply to the child's driving privileges.
     (c) If a juvenile court recommends suspension of driving privileges under section 17.4 of this chapter, IC 9-30-4-6.1 applies to the child's driving privileges.