Citations Affected: IC 9-30-4-6; IC 35-44-3-3.
Synopsis: Resisting law enforcement. Requires a court to order that a
person's: (1) motor vehicle operator's license be suspended; (2) existing
motor vehicle registrations be suspended; and (3) ability to register
motor vehicles be suspended; for at least six months but not more than
two years if the person uses a motor vehicle to commit resisting law
enforcement. Provides that if the person does not hold an operator's
license or a learner's permit, the court shall order that the person may
not receive an operator's license or a learner's permit for at least six
Effective: July 1, 2007.
January 26, 2007, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
operation of a motor vehicle.
(2) Perjury or knowingly making a false affidavit to the department under this chapter or any other law requiring the registration of motor vehicles or regulating motor vehicle operation upon the highways.
(3) A felony under Indiana motor vehicle laws or felony in the commission of which a motor vehicle is used.
(4) Three (3) charges of criminal recklessness involving the use of a motor vehicle within the preceding twelve (12) months.
(5) Failure to stop and give information or assistance or failure to stop and disclose the person's identity at the scene of an accident that has resulted in death, personal injury, or property damage in excess of two hundred dollars ($200).
(6) Possession, distribution, manufacture, cultivation, transfer, use, or sale of a controlled substance or counterfeit substance, or attempting or conspiring to possess, distribute, manufacture, cultivate, transfer, use, or sell a controlled substance or counterfeit substance.
(7) Resisting law enforcement by use of a motor vehicle.
(c) The license of a person shall also be suspended upon conviction in another jurisdiction for any offense described in subsections (b)(1), (b)(2), (b)(3), (b)(4), and (b)(5), except if property damage is less than two hundred dollars ($200), the bureau may determine whether the driver's license and certificates of registration and license plates shall be suspended or revoked. The license of a person shall also be suspended upon conviction in another jurisdiction for any offense described in subsection (b)(6) or (b)(7).
(d) A suspension or revocation remains in effect and a new or renewal license may not be issued to the person and a motor vehicle may not be registered in the name of the person as follows:
(1) Except as provided in subdivisions (2) and (3), for six (6) months from the date of conviction or on the date on which the person is otherwise eligible for a license, whichever is later. Except as provided in IC 35-48-4-15 and IC 35-44-3-3, this includes a person convicted of a crime for which the person's license is suspended or revoked under subsection (b)(6) or (b)(7).
(2) Upon conviction of an offense described in subsection (b)(1), for a fixed period of not less than two (2) years and not more than five (5) years, to be fixed by the bureau based upon recommendation of the court entering a conviction. A new or reinstated license may not be issued to the person unless that person, within the three (3) years following the expiration of the
suspension or revocation, gives and maintains in force at all times
during the effective period of a new or reinstated license proof of
financial responsibility in the future in the manner specified in
this chapter. However, the liability of the insurance carrier under
a motor vehicle liability policy that is furnished for proof of
financial responsibility in the future as set out in this chapter
becomes absolute whenever loss or damage covered by the policy
occurs, and the satisfaction by the insured of a final judgment for
loss or damage is not a condition precedent to the right or
obligation of the carrier to make payment on account of loss or
damage, but the insurance carrier has the right to settle a claim
covered by the policy. If the settlement is made in good faith, the
amount shall be deductive from the limits of liability specified in
the policy. A policy may not be canceled or annulled with respect
to a loss or damage by an agreement between the carrier and the
insured after the insured has become responsible for the loss or
damage, and a cancellation or annulment is void. The policy may
provide that the insured or any other person covered by the policy
shall reimburse the insurance carrier for payment made on
account of any loss or damage claim or suit involving a breach of
the terms, provisions, or conditions of the policy. If the policy
provides for limits in excess of the limits specified in this chapter,
the insurance carrier may plead against any plaintiff, with respect
to the amount of the excess limits of liability, any defenses that
the carrier may be entitled to plead against the insured. The policy
may further provide for prorating of the insurance with other
applicable valid and collectible insurance. An action does not lie
against the insurance carrier by or on behalf of any claimant under
the policy until a final judgment has been obtained after actual
trial by or on behalf of any claimant under the policy.
(3) For the period ordered by a court under IC 35-48-4-15 or IC 35-44-3-3.
(e) The bureau may take action as required in this section upon receiving satisfactory evidence of a conviction of a person in another state.
(f) For the purpose of this chapter, "conviction" includes any of the following:
(1) A conviction upon a plea of guilty.
(2) A determination of guilt by a jury or court, even if:
(A) no sentence is imposed; or
(B) a sentence is suspended.
(3) A forfeiture of bail, bond, or collateral deposited to secure the
defendant's appearance for trial, unless the forfeiture is vacated.
(4) A payment of money as a penalty or as costs in accordance with an agreement between a moving traffic violator and a traffic violations bureau.
(g) A suspension or revocation under this section or under IC 9-25-6-8 stands pending appeal of the conviction to a higher court and may be set aside or modified only upon the receipt by the bureau of the certificate of the court reversing or modifying the judgment that the cause has been reversed or modified. However, if the suspension or revocation follows a conviction in a court of no record in Indiana, the suspension or revocation is stayed pending appeal of the conviction to a court of record.
(h) A person aggrieved by an order or act of the bureau under this section or IC 9-25-6-8 may file a petition for a court review.
subsection (a), the person operates a vehicle in a manner that
causes the death of another person.
(c) For purposes of this section, a law enforcement officer includes an enforcement officer of the alcohol and tobacco commission and a conservation officer of the department of natural resources.
(d) If a person uses a vehicle to commit a felony offense under subsection (b)(1)(B), (b)(2), or (b)(3), as part of the criminal penalty imposed for the offense, the court shall impose a minimum executed sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1) prior unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior unrelated convictions under this section.
(e) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, the mandatory minimum sentence imposed under subsection (d) may not be suspended.
(f) If a person uses a vehicle to commit a felony offense under subsection (b), as part of the criminal penalty imposed for the offense, the court shall, in addition to any other order the court enters, order that the person's:
(1) motor vehicle operator's license be suspended;
(2) existing motor vehicle registrations be suspended; and
(3) ability to register motor vehicles be suspended;
by the bureau of motor vehicles for a period specified by the court of at least six (6) months but not more than two (2) years. If a person is convicted of an offense described in subsection (a) and the person does not hold an operator's license or a learner's permit, the court shall order that the person may not receive an operator's license or a learner's permit from the bureau of motor vehicles for at least six (6) months.