Citations Affected: IC 9-24-15-4; IC 9-30-4-6; IC 35-44-3-3.
Synopsis: Resisting law enforcement and license suspension. Provides
that the driver's license of a person convicted of resisting law
enforcement while using a vehicle will be suspended for one year after
the date the person is convicted (if the person is not incarcerated) or
released from incarceration. Specifies in which court a petition for a
hardship license must be filed. Requires the court to notify the bureau
of motor vehicles of the person's conviction, and specifies that the
convicted person has the burden of applying for a new or renewal
license and establishing that the one year time period has elapsed.
Effective: July 1, 2009.
January 7, 2009, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
which the case is pending or the petitioner was convicted.
(b) The clerk of the court shall docket the verified petition in the
name of the petitioner against the prosecuting attorney of the county.
(c) The prosecuting attorney shall appear in person or by deputy and
be heard by the court on the petition.
(d) The bureau:
(1) serves as a recordkeeper; and
(2) is not a party;
in a proceeding under this chapter.
cultivate, transfer, use, or sell a controlled substance or
counterfeit substance.
(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).
(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), and (4), 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, this includes a person
convicted of a crime for which the person's license is suspended
or revoked under subsection (b)(6).
(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.
(4) If the person is convicted of a felony involving the use of a
motor vehicle under IC 35-44-3-3(b), for one (1) year after the
date the person:
(A) was convicted, if the person was not sentenced to a
term of incarceration; or
(B) was released from incarceration, if the person was
sentenced to a term of incarceration.
The convicted person has the burden of applying for a new or
renewal license and establishing that the one (1) year time
period described in this subdivision has elapsed.
(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.
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 is convicted of an offense involving the use of a
motor vehicle under subsection (b)(1)(A), (b)(2), or (b)(3), the court
shall notify the bureau of motor vehicles to suspend or revoke the
person's driver's license and all certificates of registration and
license plates issued or registered in the person's name in
accordance with IC 9-30-4-6(b)(3) for the time period described in
IC 9-30-4-6(d)(4). The court shall inform the bureau whether the
person has been sentenced to a term of incarceration. At the time
of conviction, the court may obtain the person's current license and
return the license to the bureau of motor vehicles.