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
(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.