Introduced Version






SENATE BILL No. 164

_____


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. Permits a court to order a: (1) one year suspension of a driver's license of; or (2) a six month delay in the issuance of a driver's license to; a minor who violates tobacco laws.

Effective: July 1, 2007.





Boots




    January 8, 2007, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

First Regular Session 115th General Assembly (2007)


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 2006 Regular Session of the General Assembly.

SENATE BILL No. 164



    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; (07)IN0164.1.1. -->     SECTION 1. IC 9-24-18-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 12. (a) 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(c) (tobacco violation);

the bureau shall suspend the minor's driver's license for the period ordered by the court.
     (b) Upon receipt of a court order under IC 35-46-1-10.5(d) (tobacco violation), the bureau shall withhold the issuance of a driver's license to the minor until the date specified in the court's order.
SOURCE: IC 35-46-1-10.5; (07)IN0164.1.2. -->     SECTION 2. IC 35-46-1-10.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: 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 has actual possession of tobacco; on his 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 who:
        (1) holds an Indiana driver's license; and
        (2) is:
            (A) less than eighteen (18) years of age; and
            (B) at least sixteen (16) years of age;
commits a Class C infraction under subsection (a), the court that enters judgment may issue an order recommending that the person's driver's license be suspended for up to one (1) year.

    (d) If a person commits a Class C infraction under subsection (a) and the person does not have a driver's license, the court that enters judgment may issue an order recommending that the bureau of motor vehicles not issue a driver's license to the person until six (6) months after the earliest date the person would otherwise be eligible to receive a driver's license from the bureau of motor vehicles.
     (e) The court shall deliver any order recommending:
        (1) the suspension of a person's driver's license under subsection (c); or
        (2) the withholding of a person's driver's license under subsection (d);
to the bureau of motor vehicles.

SOURCE: ; (07)IN0164.1.3. -->     SECTION 3. [EFFECTIVE JULY 1, 2007] IC 35-46-1-10.5(a), as amended by this act, applies only to Class C infractions committed under IC 35-46-1-10.5(a) after June 30, 2007.