Introduced Version






SENATE BILL No. 122

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-14-3-8; IC 9-24-18-9; IC 9-30-13-3.

Synopsis: Driver's license penalty for criminal mischief. Provides that when a person uses: (1) a motor vehicle; (2) an off-road vehicle; or (3) a snowmobile; to commit criminal mischief, the court shall issue an order that the person's driver's license be suspended for a certain period or that the person not be issued a driver's license for six months after otherwise becoming eligible for a driver's license.

Effective: July 1, 2005.





Paul




    January 4, 2005, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 114th General Assembly (2005)


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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SENATE BILL No. 122



    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 9-14-3-8; (05)IN0122.1.1. -->     SECTION 1. IC 9-14-3-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) The bureau may establish a driving record for an Indiana resident who does not hold any type of valid driving driver's license, as provided in IC 9-24-18-9.
    (b) The bureau shall establish a driving license record for an unlicensed driver when an abstract of court conviction or a dispositional decree is received by the bureau, as provided in IC 9-24-18-9.
    (c) A driving record under this section may not include voter registration information.
SOURCE: IC 9-24-18-9; (05)IN0122.1.2. -->     SECTION 2. IC 9-24-18-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. (a) The bureau may establish a driving record for an Indiana resident who does not hold any type of valid driving driver's license. The driving record shall be established for an unlicensed driver when an abstract of court conviction or a dispositional decree has been received by the bureau. The record shall be maintained for not less than three (3) years for each

unlicensed driver.
    (b) If an unlicensed driver applies for and receives any type of driving driver's license in Indiana, the person's driving record as an unlicensed driver shall be recorded on the permanent record file. An unlicensed driver who has had at least two (2) traffic violation convictions or dispositional decrees in Indiana within twenty-four (24) months before applying for any type of driving driver's license may not be issued a license within one (1) year after the date of the second traffic conviction or dispositional decree as indicated on the abstract of court conviction or dispositional decree record. If the bureau issues a license without knowledge of the second conviction or dispositional decree, the bureau shall suspend the license upon learning of the second conviction or dispositional decree and notify the person of the reason for the suspension and the term of the suspension.
    (c) The bureau shall also certify traffic violation convictions or dispositional decrees on the driving record of an unlicensed driver who subsequently receives an Indiana driving driver's license.

SOURCE: IC 9-30-13-3; (05)IN0122.1.3. -->     SECTION 3. IC 9-30-13-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) For a person who uses:
         (1) a motor vehicle;
         (2) an off-road vehicle (as defined in IC 14-16-1-3); or
        (3) a snowmobile (as defined in IC 14-8-2-261);

to commit criminal mischief under IC 35-43-1-2, the judge of the court in which the person is convicted, or if the person is subject to the juvenile court, is adjudicated as a delinquent child for commission of the act, may recommend that the current driver's license of the person be suspended for not less than sixty (60) days and not more than two (2) years.
     (b) The court shall deliver an order recommending the suspension of the person's driver's license under subsection (a) to the bureau. The bureau shall suspend the person's driver's license for the period ordered by the court.
    (c) If:
        (1) a person is convicted or receives an adjudication as a delinquent child for the commission of criminal mischief under IC 35-43-1-2; and
        (2) the person does not hold a driver's license;
the court may recommend that the person may not be issued a driver's license from the bureau until six (6) months after the earliest date the person would otherwise be eligible to receive a

driver's license from the bureau. The court shall deliver an order to the bureau recommending the denial of the issuance of a driver's license during the six (6) month period described in this subsection. The bureau may not issue a driver's license to the person until the date specified in the court's order.