Introduced Version






SENATE BILL No. 75

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-24-2; IC 31-37-19.

Synopsis: License suspensions for gang or graffiti offenses. Requires a juvenile court to: (1) suspend the driving privileges of; (2) invalidate the learner's permit of; or (3) deny issuance of a driver's license or learner's permit to; a child who commits certain delinquent acts related to gangs or graffiti. Authorizes a juvenile court to reinstate the child's driving privileges or learner's permit or allow the child to receive a driver's license or learner's permit before the child's twenty-first birthday if the child: (1) in the case of an offense related to graffiti, removes or repaints the graffiti or makes other appropriate restitution; or (2) in the case of an offense relating to gang activity, has committed no additional delinquent acts in a two year period. Makes conforming amendments.

Effective: July 1, 2008.





Alting




    January 8, 2008, read first time and referred to Committee on Judiciary.







Introduced

Second Regular Session 115th General Assembly (2008)


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. 75



    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 9-24-2-2; (08)IN0075.1.1. -->     SECTION 1. IC 9-24-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. (a) This subsection does not apply to a person described in subsection (b). A driver's license or a learner's permit may not be issued to an individual less than eighteen (18) years of age who is under an order entered by a juvenile court denying issuance of a driver's license or learner's permit under IC 31-37-19-13 through IC 31-37-19-17 (or IC 31-6-4-15.9(d), IC 31-6-4-15.9(e), or IC 31-6-4-15.9(f) before their repeal). IC 31-37-19.
     (b) This subsection applies only to a person who is under an order issued by a juvenile court denying issuance of a driver's license or learner's permit until the person's twenty-first birthday under IC 31-37-19-17 or IC 31-37-19-17.5. A driver's license or a learner's permit may not be issued to an individual less than twenty-one (21) years of age who is under an order entered by a juvenile court denying issuance of a driver's license or learner's permit under IC 31-37-19-17 or IC 31-37-19-17.5.
SOURCE: IC 9-24-2-2.5; (08)IN0075.1.2. -->     SECTION 2. IC 9-24-2-2.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2.5. (a) An operator's license or a learner's permit may not be issued to an individual who is under an order entered by a court under IC 35-43-1-2(d).
    (b) The bureau shall suspend the operator's license or invalidate the learner's permit of a person who is the subject of an order issued under IC 31-37-19-17 (or IC 31-6-4-15.9(f) before its repeal), IC 31-37-19-17.5, or IC 35-43-1-2(c) in accordance with the terms of the order.
SOURCE: IC 31-37-19-17; (08)IN0075.1.3. -->     SECTION 3. IC 31-37-19-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 17. (a) This section applies if a child is a delinquent child under IC 31-37-1 due to the commission of a delinquent act that, if committed by an adult, would be criminal mischief or institutional criminal mischief under IC 35-43-1-2 that involves the use of graffiti.
    (b) The juvenile court may shall, in addition to any other order or decree the court makes under this chapter, order the bureau of motor vehicles to:
        (1) suspend the child's operator's driver's license; or
        (2) invalidate the child's learner's permit; or
        (3) not issue the child a driver's license or learner's permit;

for one (1) year beginning the date of the order until the child's twenty-first birthday.
SOURCE: IC 31-37-19-17.5; (08)IN0075.1.4. -->     SECTION 4. IC 31-37-19-17.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 17.5. (a) This section applies to a child who is a delinquent child under IC 31-37-1 due to the commission of a delinquent act that, if committed by an adult, would be:
        (1) criminal gang activity (IC 35-45-9-3);
        (2) criminal gang intimidation (IC 35-45-9-4); or
        (3) criminal gang recruitment (IC 35-45-9-5).
    (b) The juvenile court shall, in addition to any other order or decree the court makes under this chapter, order the bureau of motor vehicles to:
        (1) suspend the child's driver's license;
        (2) invalidate the child's learner's permit; or
        (3) not issue the child a driver's license or learner's permit;
until the child's twenty-first birthday.

SOURCE: IC 31-37-19-18; (08)IN0075.1.5. -->     SECTION 5. IC 31-37-19-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 18. If the court orders suspension, 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, or 17.5 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) the bureau of motor vehicles shall comply with the order for suspension, invalidation, or denial of issuance; and
        (2) 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.
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.

SOURCE: IC 31-37-19-19.5; (08)IN0075.1.6. -->     SECTION 6. IC 31-37-19-19.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 19.5. If:
        (1) at least two (2) years have elapsed since the date on which a juvenile court entered an order of suspension, invalidation, or denial of issuance of a driver's license or learner's permit under section 17.5 of this chapter for the commission of a delinquent act relating to gang activity; and
        (2) the juvenile court determines that the child has committed no further delinquent acts;
the juvenile court may enter an order rescinding the order for suspension, invalidation, or denial of issuance and allow the person to receive a license or permit before the person's twenty-first birthday.

SOURCE: IC 31-37-19-20; (08)IN0075.1.7. -->     SECTION 7. IC 31-37-19-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 20. (a) This section applies if the juvenile court has entered an order for suspension or invalidation of an operator's license or a learner's permit under section 17 of this chapter (or IC 31-6-4-15.9(f) before its repeal).
    (b) Following a determination by the juvenile court that the child has removed or painted over the graffiti or has made other suitable restitution, the court may:
        (1) rescind the order for suspension, or invalidation, or denial of issuance; and
        (2) allow the child to receive a license or permit before the period of suspension or invalidation ends. child's twenty-first birthday.