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.
January 4, 2005, read first time and referred to Committee on Judiciary.
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.
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
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
this style type
between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 122
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 9-14-3-8; (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
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
(c) A driving record under this section may not include voter
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
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
(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
(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
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.
(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.