Introduced Version






HOUSE BILL No. 1072

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-24; IC 35-47-2.

Synopsis: Unlimited lifetime handgun permit endorsements. Provides that: (1) a notation on a driver's license or identification card indicates that the holder is an individual who is entitled to an unlimited lifetime license to carry any handgun lawfully possessed by the individual; and (2) the holder is not required to carry a handgun license when the individual is in possession of a handgun and the holder's driver's license or identification card with the notation. Specifies that a person who is no longer entitled to a handgun license and who knowingly or intentionally fails: (1) to promptly return a handgun license; or (2) obtain a replacement driver's license or identification card without the specific notation; commits a Class A misdemeanor. Deletes a conflicting penalty. Makes technical corrections.

Effective: July 1, 2008.





Walorski




    January 8, 2008, read first time and referred to Committee on Courts and Criminal Code.







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.
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 2007 Regular Session of the General Assembly.

HOUSE BILL No. 1072



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-24-11-5; (08)IN1072.1.1. -->     SECTION 1. IC 9-24-11-5, AS AMENDED BY P.L.184-2007, SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. (a) Except as provided in subsection (i), a permit or license issued under this chapter must contain the following information:
        (1) The full legal name of the permittee or licensee.
        (2) The date of birth of the permittee or licensee.
        (3) The address of the principal residence of the permittee or licensee.
        (4) The hair color and eye color of the permittee or licensee.
        (5) The date of issue and expiration date of the permit or license.
        (6) The gender of the permittee or licensee.
        (7) The unique identifying number of the permit or license.
        (8) The weight of the permittee or licensee.
        (9) The height of the permittee or licensee.
        (10) A reproduction of the signature of the permittee or licensee.
        (11) If the permittee or licensee is less than eighteen (18) years of

age at the time of issuance, the dates on which the permittee or licensee will become:
            (A) eighteen (18) years of age; and
            (B) twenty-one (21) years of age.
        (12) If the permittee or licensee is at least eighteen (18) years of age but less than twenty-one (21) years of age at the time of issuance, the date on which the permittee or licensee will become twenty-one (21) years of age.
        (13) Except as provided in subsection (b) or (c), a digital photograph of the permittee or licensee.
    (b) The following permits or licenses do not require a digital photograph:
        (1) Temporary motorcycle learner's permit issued under IC 9-24-8.
        (2) Motorcycle learner's permit issued under IC 9-24-8.
    (c) The bureau may provide for the omission of a photograph or computerized image from any other license or permit if there is good cause for the omission. However, a license issued without a digital photograph must include the language described in subsection (f).
    (d) The information contained on the permit or license as required by subsection (a)(11) or (a)(12) for a permittee or licensee who is less than twenty-one (21) years of age at the time of issuance shall be printed prominently on the permit or license.
    (e) This subsection applies to a permit or license issued after January 1, 2007. If the applicant for a permit or license submits information to the bureau concerning the applicant's medical condition, the bureau shall place an identifying symbol on the face of the permit or license to indicate that the applicant has a medical condition of note. The bureau shall include information on the permit or license that briefly describes the medical condition of the holder of the permit or license. The information must be printed in a manner that alerts a person reading the permit or license to the existence of the medical condition. The permittee or licensee is responsible for the accuracy of the information concerning the medical condition submitted under this subsection. The bureau shall inform an applicant that submission of information under this subsection is voluntary.
    (f) Any license or permit issued by the state that does not require a digital photograph must include the statement "May not be accepted by any federal agency for federal identification or any other federal purpose.
    (g) A license or permit issued by the state to an individual who:
        (1) has a valid, unexpired nonimmigrant visa or has nonimmigrant

visa status for entry in the United States;
        (2) has a pending application for asylum in the United States;
        (3) has a pending or approved application for temporary protected status in the United States;
        (4) has approved deferred action status; or
        (5) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent residence status in the United States;
must be clearly identified as a temporary license or permit. A temporary license or permit issued under this subsection may not be renewed without the presentation of valid documentary evidence proving that the licensee's or permitee's permittee's temporary status has been extended.
    (h) The bureau may adopt rules under IC 4-22-2 to carry out this section.
    (i) For purposes of subsection (a), an individual certified as a program participant in the address confidentiality program under IC 5-26.5 is not required to provide the address of the individual's principal residence, but may provide an address designated by the office of the attorney general under IC 5-26.5 as the address of the individual's principal residence.
     (j) The bureau shall place a notation on a driver's license to indicate that the holder has been issued an unlimited lifetime license under IC 35-47-2-3(e) to carry any handgun lawfully possessed by the individual after:
        (1) a request by the individual for the notification has been made to the bureau; and
        (2) verification of issuance of the lifetime license has been made by the superintendent of the state police department to the bureau;
in accordance with IC 9-24-14-3(b).

SOURCE: IC 9-24-14-3; (08)IN1072.1.2. -->     SECTION 2. IC 9-24-14-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. (a) If a licensee or permittee who changes mailing address or residence address or name, by marriage or otherwise, desires to have a replacement driver's license or permit indicating the new address or name of the licensee or permittee, the licensee or permittee may request the issuance of the replacement driver's license or permit upon proper application and the payment of the required fee as authorized by this article.
     (b) If a licensee or permittee requests the bureau to place a notation on the driver's license to indicate that the individual to

whom the license has been issued has an unlimited lifetime license to carry any handgun lawfully possessed by the individual under IC 9-24-11-5(j), the bureau shall issue a replacement driver's license upon proper application and payment of the required fee as authorized by this article.

SOURCE: IC 9-24-16-3; (08)IN1072.1.3. -->     SECTION 3. IC 9-24-16-3, AS AMENDED BY P.L.184-2007, SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. (a) An identification card must have the same dimensions and shape as a driver's license, but the card must have markings sufficient to distinguish the card from a driver's license.
    (b) Except as provided in subsection (g), the front side of an identification card must contain the expiration date of the identification card and the following information about the individual to whom the card is being issued:
        (1) Full legal name.
        (2) The address of the principal residence.
        (3) Date of birth.
        (4) Date of issue and date of expiration.
        (5) Unique identification number.
        (6) Gender.
        (7) Weight.
        (8) Height.

        (9) Color of eyes and hair.
        (10) Reproduction of the signature of the individual identified.
        (11) Whether the individual is blind (as defined in IC 12-7-2-21(1)).
        (12) If the individual is less than eighteen (18) years of age at the time of issuance, the dates on which the individual will become:
            (A) eighteen (18) years of age; and
            (B) twenty-one (21) years of age.
        (13) If the individual is at least eighteen (18) years of age but less than twenty-one (21) years of age at the time of issuance, the date on which the individual will become twenty-one (21) years of age.
        (14) Digital photograph of the individual.
    (c) The information contained on the identification card as required by subsection (b)(12) or (b)(13) for an individual who is less than twenty-one (21) years of age at the time of issuance shall be printed prominently on the permit or license.
    (d) If the applicant for an identification card submits information to the bureau concerning the applicant's medical condition, the bureau shall place an identifying symbol on the face of the identification card to indicate that the applicant has a medical condition of note. The

bureau shall include information on the identification card that briefly describes the medical condition of the holder of the card. The information must be printed in a manner that alerts a person reading the card to the existence of the medical condition. The applicant for an identification card is responsible for the accuracy of the information concerning the medical condition submitted under this subsection. The bureau shall inform an applicant that submission of information under this subsection is voluntary.
    (e) An identification card issued by the state that does not require a digital photograph must include the statement "May not be accepted by any federal agency for federal identification or any other federal purpose.".
    (f) An identification card issued by the state to an individual who:
        (1) has a valid, unexpired nonimmigrant visa or has nonimmigrant visa status for entry in the United States;
        (2) has a pending application for asylum in the United States;
        (3) has a pending or approved application for temporary protected status in the United States;
        (4) has approved deferred action status; or
        (5) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent residence status in the United States;
must be clearly identified as a temporary identification card. A temporary identification card issued under this subsection may not be renewed without the presentation of valid documentary evidence proving that the holder of the identification card's temporary status has been extended.
    (g) For purposes of subsection (b), an individual certified as a program participant in the address confidentiality program under IC 5-26.5 is not required to provide the address of the individual's principal residence, but may provide an address designated by the office of the attorney general under IC 5-26.5 as the address of the individual's principal residence.
     (h) The bureau shall place a notation on an identification card to indicate that the holder has been issued an unlimited lifetime license under IC 35-47-2-3(e) to carry any handgun lawfully possessed by the individual after:
        (1) a request by the individual for the notification has been made to the bureau; and
        (2) verification of issuance of the lifetime license has been made by the superintendent of the state police department to

the bureau;
in accordance with IC 9-24-16-6(b).

SOURCE: IC 9-24-16-6; (08)IN1072.1.4. -->     SECTION 4. IC 9-24-16-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 6. (a) The bureau shall issue a duplicate identification card if any of the following conditions exist:
        (1) Any information contained on the card becomes invalid or obsolete.
        (2) The card is lost, stolen, damaged, or destroyed.
     (b) If the holder of an identification card requests the bureau to place a notation on the identification card to indicate that the individual to whom the identification card has been issued has an unlimited lifetime license to carry any handgun lawfully possessed by the individual under IC 9-24-16-3(h), the bureau shall issue a replacement identification card upon proper application and payment of the required fee as authorized by this article.
SOURCE: IC 35-47-2-1; (08)IN1072.1.5. -->     SECTION 5. IC 35-47-2-1, AS AMENDED BY P.L.118-2007, SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling or on the person's property or fixed place of business, without:
         (1) a license issued under this chapter;
         (2) a driver's license bearing a notation in accordance with IC 9-24-11-5(j); or
        (3) an identification card bearing a notation in accordance with IC 9-24-16-3(h);

being in the person's possession.
    (b) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun in any vehicle or on or about the person's body:
         (1) in the person's dwelling; or
         (2) on the person's property or fixed place of business.
SOURCE: IC 35-47-2-3; (08)IN1072.1.6. -->     SECTION 6. IC 35-47-2-3, AS AMENDED BY P.L.155-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. (a) A person desiring a license to carry a handgun shall apply:
        (1) to the chief of police or corresponding law enforcement officer of the municipality in which the applicant resides;
        (2) if that municipality has no such officer, or if the applicant does

not reside in a municipality, to the sheriff of the county in which the applicant resides after the applicant has obtained an application form prescribed by the superintendent; or
        (3) if the applicant is a resident of another state and has a regular place of business or employment in Indiana, to the sheriff of the county in which the applicant has a regular place of business or employment.
The superintendent and local law enforcement agencies shall allow an applicant desiring to obtain or renew a license to carry a handgun to submit an application electronically under this chapter if funds are available to establish and maintain an electronic application system.
    (b) The law enforcement agency which accepts an application for a handgun license shall collect the following application fees:
        (1) From a person applying for a four (4) year handgun license, a ten dollar ($10) application fee, five dollars ($5) of which shall be refunded if the license is not issued.
        (2) From a person applying for a lifetime handgun license who does not currently possess a valid Indiana handgun license, a fifty dollar ($50) application fee, thirty dollars ($30) of which shall be refunded if the license is not issued.
        (3) From a person applying for a lifetime handgun license who currently possesses a valid Indiana handgun license, a forty dollar ($40) application fee, thirty dollars ($30) of which shall be refunded if the license is not issued.
Except as provided in subsection (h), the fee shall be deposited into the law enforcement agency's firearms training fund or other appropriate training activities fund and used by the agency to train law enforcement officers in the proper use of firearms or in other law enforcement duties, or to purchase firearms or firearm related equipment, or both for the law enforcement officers employed by the law enforcement agency. The state board of accounts shall establish rules for the proper accounting and expenditure of funds collected under this subsection.
    (c) The officer to whom the application is made shall ascertain the applicant's name, full address, length of residence in the community, whether the applicant's residence is located within the limits of any city or town, the applicant's occupation, place of business or employment, criminal record, if any, and convictions (minor traffic offenses excepted), age, race, sex, nationality, date of birth, citizenship, height, weight, build, color of hair, color of eyes, scars and marks, whether the applicant has previously held an Indiana license to carry a handgun and, if so, the serial number of the license and year issued, whether the applicant's license has ever been suspended or revoked, and if so, the

year and reason for the suspension or revocation, and the applicant's reason for desiring a license. The officer to whom the application is made shall conduct an investigation into the applicant's official records and verify thereby the applicant's character and reputation, and shall in addition verify for accuracy the information contained in the application, and shall forward this information together with the officer's recommendation for approval or disapproval and one (1) set of legible and classifiable fingerprints of the applicant to the superintendent.
    (d) The superintendent may make whatever further investigation the superintendent deems necessary. Whenever disapproval is recommended, the officer to whom the application is made shall provide the superintendent and the applicant with the officer's complete and specific reasons, in writing, for the recommendation of disapproval.
    (e) If it appears to the superintendent that the applicant:
        (1) has a proper reason for carrying a handgun;
        (2) is of good character and reputation;
        (3) is a proper person to be licensed; and
        (4) is:
            (A) a citizen of the United States; or
            (B) not a citizen of the United States but is allowed to carry a firearm in the United States under federal law;
the superintendent shall issue to the applicant a qualified or an unlimited license to carry any handgun lawfully possessed by the applicant. The original license shall be delivered to the licensee. A copy shall be delivered to the officer to whom the application for license was made. A copy shall be retained by the superintendent for at least four (4) years in the case of a four (4) year license. Upon issuance of an unlimited lifetime license as set forth in section 4(a) of this chapter, the superintendent immediately shall transmit notification of the issuance of the unlimited lifetime license to the bureau of motor vehicles. The superintendent may adopt guidelines to establish a records retention policy for a lifetime license. A four (4) year license shall be valid for a period of four (4) years from the date of issue. A lifetime license is valid for the life of the individual receiving the license. The license of police officers, sheriffs or their deputies, and law enforcement officers of the United States government who have been honorably retired by a lawfully created pension board or its equivalent after twenty (20) or more years of service shall be valid for the life of these individuals. However, a lifetime license is automatically revoked if the license holder does not remain a proper

person.
    (f) At the time a license is issued and delivered to a licensee under subsection (e), the superintendent shall include with the license information concerning handgun safety rules that:
        (1) neither opposes nor supports an individual's right to bear arms; and
        (2) is:
            (A) recommended by a nonprofit educational organization that is dedicated to providing education on safe handling and use of firearms;
            (B) prepared by the state police department; and
            (C) approved by the superintendent.
The superintendent may not deny a license under this section because the information required under this subsection is unavailable at the time the superintendent would otherwise issue a license. The state police department may accept private donations or grants to defray the cost of printing and mailing the information required under this subsection.
    (g) A license to carry a handgun shall not be issued to any person who:
        (1) has been convicted of a felony;
        (2) has had a license to carry a handgun suspended, unless the person's license has been reinstated;
        (3) is under eighteen (18) years of age;
        (4) is under twenty-three (23) years of age if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult; or
        (5) has been arrested for a Class A or Class B felony, or any other felony that was committed while armed with a deadly weapon or that involved the use of violence, if a court has found probable cause to believe that the person committed the offense charged.
In the case of an arrest under subdivision (5), a license to carry a handgun may be issued to a person who has been acquitted of the specific offense charged or if the charges for the specific offense are dismissed. The superintendent shall prescribe all forms to be used in connection with the administration of this chapter.
    (h) If the law enforcement agency that charges a fee under subsection (b) is a city or town law enforcement agency, the fee shall be deposited in the law enforcement continuing education fund established under IC 5-2-8-2.
    (i) If a person who holds a valid license to carry a handgun issued under this chapter:


        (1) changes the person's name;
        (2) changes the person's address; or
        (3) experiences a change, including an arrest or a conviction, that may affect the person's status as a proper person (as defined in IC 35-47-1-7) or otherwise disqualify the person from holding a license;
the person shall, not later than thirty (30) days after the date of a change described under subdivision (3), and not later than sixty (60) days after the date of the change described under subdivision (1) or (2), notify the superintendent, in writing, of the event described under subdivision (3) or, in the case of a change under subdivision (1) or (2), the person's new name or new address.
    (j) The state police shall indicate on the form for a license to carry a handgun the notification requirements of subsection (i).
    (k) The state police department shall adopt rules under IC 4-22-2 to implement an electronic application system under subsection (a). Rules adopted under this section must require the superintendent to keep on file one (1) set of classifiable and legible fingerprints from every person who has received a license to carry a handgun so that a person who applies to renew a license will not be required to submit an additional set of fingerprints.
SOURCE: IC 35-47-2-5; (08)IN1072.1.7. -->     SECTION 7. IC 35-47-2-5, AS AMENDED BY P.L.1-2006, SECTION 535, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. (a) The superintendent may suspend or revoke any license issued under this chapter if he the superintendent has reasonable grounds to believe that the person's license should be suspended or revoked.
    (b) Documented evidence that a person is not a "proper person" to be licensed as defined by IC 35-47-1-7, or is prohibited under section 3(g)(5) of this chapter from being issued a license, shall be grounds for immediate suspension or revocation of a license previously issued under this chapter. However, if a license is suspended or revoked based solely on an arrest under section 3(g)(5) of this chapter, the license shall be reinstated upon the acquittal of the defendant in that case or upon the dismissal of the charges for the specific offense.
    (c) A person who knowingly or intentionally fails to promptly:
         (1) return his the license issued to the person; or
        (2) apply for and obtain a replacement:
            (A) driver's license that does not bear a notation in accordance with IC 9-24-11-5(j); or
            (B) identification card that does not bear a notation in accordance with IC 9-24-16-3(h);

after written notice of suspension or revocation commits a Class A misdemeanor. The observation of a handgun license, a driver's license that bears a notation in accordance with IC 9-24-11-5(j), or an identification card that bears a notation in accordance with IC 9-24-16-3(h) in the possession of a person whose license has been suspended or revoked constitutes a sufficient basis for the arrest of that person for violation of this subsection.
    (d) The superintendent shall establish rules under IC 4-22-2 concerning the procedure for suspending or revoking a person's license.
SOURCE: IC 35-47-2-23; (08)IN1072.1.8. -->     SECTION 8. IC 35-47-2-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 23. (a) A person who violates section 3, 3(i), 4, 5, 14, 15, or 16 of this chapter commits a Class B misdemeanor.
    (b) A person who violates section 7, 17, or 18 of this chapter commits a Class C felony.
    (c) A person who violates section 1 of this chapter commits a Class A misdemeanor. However, the offense is a Class C felony:
        (1) if the offense is committed:
            (A) on or in school property;
            (B) within one thousand (1,000) feet of school property; or
            (C) on a school bus; or
        (2) if the person:
            (A) has a prior conviction of any offense under:
                (i) this subsection; or
                (ii) subsection (d); or
            (B) has been convicted of a felony within fifteen (15) years before the date of the offense.
    (d) A person who violates section 22 of this chapter commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior conviction of any offense under this subsection or subsection (c), or if the person has been convicted of a felony within fifteen (15) years before the date of the offense.
     (e) A person who knowingly or intentionally violates section 5(c) of this chapter commits a Class A misdemeanor.
SOURCE: IC 35-47-2-24; (08)IN1072.1.9. -->     SECTION 9. IC 35-47-2-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 24. (a) In an information or indictment brought for the enforcement of any provision of this chapter, it is not necessary to negate any exemption specified under this chapter, or to allege the absence of a license required under this chapter. The burden of proof is on the defendant to prove that he the defendant is exempt under section 2 of this chapter, or that he the defendant has a license as required under this chapter.
    (b) Whenever a person who has been arrested or charged with a violation of section 1 of this chapter presents:
         (1) a valid license issued under this chapter;
         (2) a valid driver's license bearing a notation in accordance with IC 9-24-11-5(j); or
        (3) a valid identification card bearing a notation in accordance with IC 9-24-16-3(h);

to the prosecuting attorney or establishes that he the person is exempt under section 2 of this chapter, any prosecution for a violation of section 1 of this chapter shall be dismissed immediately, and all records of an arrest or proceedings following arrest shall be destroyed immediately.