CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 16
Citations Affected: IC 5-2-6.5-9; IC 9-13-2-177.3; IC 9-24; IC 9-29-9-2; IC 9-30-3-12;
IC 20-19-2-8; IC 26-2-6-6; IC 33-39-1-8; IC 34-28-5.
Synopsis: Learner's permits and graduated licenses. Conference committee report for ESB 16.
Raises, under certain circumstances, the minimum age for the issuance of a learner's permit and
a probationary operator's license. Sets requirements for practice driving before an operator's
license can be issued. Prohibits a driver under the age of 18 from operating a motor vehicle while
using a telecommunications device except for making a 911 emergency call. Revises the period
during which certain passengers may not accompany a probationary driver. Revises the hours
when nighttime driving is prohibited by certain probationary drivers. Specifies the periods of
validity of a learner's permit. Requires the state board of education and the criminal justice
institute to adopt rules specifying that the classroom portion of driver's education may not be
provided to a child less than 15 years and 180 days of age. Makes the holder of a probationary
license ineligible for pretrial diversion or deferral with respect to certain alleged offenses and
infractions involving motor vehicles. Establishes the interim study committee on driver
education. Makes corresponding changes and conforming amendments. Removes outdated
language. (The introduced version of this bill was prepared by the interim study committee on
learner's permits and graduated driver's licenses.) (This conference committee report does the
following: (1) Deletes language requiring the bureau of motor vehicles to design and issue
an Indiana Soldiers' and Sailors' Children's Home alumni association license plate. (2)
Adds language allowing the spouse who is at least 21 years of age of an individual applying
for an operator's license to be the supervising driver for purposes of the requirement of at
least 50 hours of supervised driving before an operator's license may be issued. (3) Adds
language providing that an individual who is at least 16 years and 180 days of age but less
than 18 years of age who holds an unrevoked driver's license, excluding a learner's permit
or the equivalent, in the state or a combination of states in which the individual formerly
resided for at least 180 days may apply for an operator's license. (4) Adds language
concerning conditions that must be met before an individual less than 18 years of age who
has not taken driver education may receive an probationary operator's license. (5) Deletes
language requiring an individual who held a driver's license in another state to have held
the license for a year in that state before an operator's license may be issued in Indiana. (6)
Adds language providing that a newly licensed individual may operate a motor vehicle in
which there are passengers when accompanied by a parent, guardian, or stepparent of the
operator who is at least 21 years of age under certain circumstances. (7) Adds language
providing that a newly licensed individual may operate a motor vehicle and transport the
spouse or the child and the spouse of the individual without another accompanying
individual present in the motor vehicle. (8) Makes technical corrections.)
Effective: Upon passage; July 1, 2009.
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 16 respectfully reports that
said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Delete everything after the enacting clause and insert the following:
SOURCE: IC 5-2-6.5-9; (09)CC001602.1.1. -->
SECTION 1. IC 5-2-6.5-9, AS ADDED BY P.L.107-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 9. (a) To establish or operate a commercial driver
training school, the commercial driver training school must obtain a
commercial driver training school license from the institute in the
manner and form prescribed by the institute.
(b) Subject to subsections (c) and (d), the institute shall adopt rules
under IC 4-22-2 that state the requirements for obtaining a commercial
driver training school license, including the following:
(1) Location of the commercial driver training school.
(2) Equipment required.
(3) Courses of instruction.
(4) Instructors.
(5) Previous records of the commercial driver training school and
instructors.
(6) Financial statements.
(7) Schedule of fees and charges.
(8) Character and reputation of the operators and instructors.
(9) Insurance in the amount and with the provisions the institute
considers necessary to adequately protect the interests of the
public.
(10) Other matters the institute prescribes for the protection of the
public.
(c) The rules adopted under subsection (b) must permit a licensed
commercial driver training school to provide classroom training during
which an instructor is present in a county outside the county where the
commercial driver training school is located to the students of:
(1) a school corporation (as defined in IC 36-1-2-17);
(2) a nonpublic secondary school that voluntarily becomes
accredited under IC 20-19-2-8;
(3) a nonpublic secondary school recognized under
IC 20-19-2-10;
(4) a state educational institution; or
(5) a nonaccredited nonpublic school.
However, the rules must provide that a licensed commercial driver
training school may provide classroom training in an entity listed in
subdivisions (1) through (3) only if the governing body of the entity
approves the delivery of the training to its students.
(d) Notwithstanding subsection (b)(3), the rules adopted under
subsection (b) must provide that the classroom instruction and the
practice driving instruction required for students of a commercial
driver training school be the same as the rules adopted by the state
board of education under IC 20-19-2-8(4) concerning the standards for
driver education programs, including classroom instruction and
practice driving.
(e) The rules adopted under subsection (b) must provide,
effective July 1, 2010, that the classroom training part of driver
education instruction may not be provided to a child less than
fifteen (15) years and one hundred eighty (180) days of age.
SOURCE: IC 9-13-2-177.3; (09)CC001602.1.2. -->
SECTION 2. IC 9-13-2-177.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 177.3. "Telecommunications
device", for purposes of IC 9-24-11-3.3, has the meaning set forth
in IC 9-24-11-0.5.
SOURCE: IC 9-24-3-1; (09)CC001602.1.3. -->
SECTION 3. IC 9-24-3-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1. Except as otherwise provided in
this article, the bureau shall issue an operator's license to an individual
who meets the following conditions:
(1) Satisfies the age requirements
described set forth in section
2
or 2.5 of this chapter.
(2) Makes proper application to the bureau under IC 9-24-9 upon
a form prescribed by the bureau.
Effective July 1, 2010, the form
must include a verification concerning the number of hours of
supervised driving practice that the individual has completed
if the individual is required under section 2.5 of this chapter
to complete a certain number of hours of supervised driving
practice in order to receive an operator's license.
(3) Satisfactorily passes the examination and tests required for
issuance of an operator's license under IC 9-24-10.
(4) Pays the fee prescribed by IC 9-29-9.
SOURCE: IC 9-24-3-2; (09)CC001602.1.4. -->
SECTION 4. IC 9-24-3-2, AS AMENDED BY P.L.156-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 2. (a) Except as provided in section 3 of this
chapter, an individual must meet one (1) of the following conditions to
receive an operator's license:
(1) The applicant meets the following conditions:
(A) Is at least sixteen (16) years and thirty (30) days of age.
(B) Has held a valid learner's permit at least sixty (60) days.
(C) Has obtained an instructor's certification that the applicant
has satisfactorily completed an approved driver education
course.
(D) Has passed the required examination.
(2) The applicant meets the following conditions:
(A) Is at least sixteen (16) years and one hundred eighty (180)
days of age.
(B) Has held a valid learner's permit for at least sixty (60)
days.
(C) Has passed the required examination.
(3) The applicant meets the following conditions:
(A) Is at least sixteen (16) years and one hundred eighty (180)
days of age.
(B) Has, within the past three (3) years, held an Indiana
operator's, chauffeur's, or public passenger chauffeur's license
that has not been suspended or revoked.
(C) Passes the required examination.
(4) The applicant meets the following conditions:
(A) Is at least sixteen (16) years and one hundred eighty (180)
days of age.
(B) Has previously been a nonresident of Indiana but who, at
the time of application, qualifies as an Indiana resident.
(C) Has held for at least one (1) year an unrevoked operator's,
chauffeur's, or public passenger chauffeur's license in the state,
district, or county in which the applicant has been a resident.
(D) Passes the required examination.
(b) This section expires June 30, 2010. The expiration of this
section does not affect the validity of an operator's license issued
under this section.
SOURCE: IC 9-24-3-2.5; (09)CC001602.1.5. -->
SECTION 5. IC 9-24-3-2.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 2.5. (a) This section applies beginning July 1, 2010.
(b) Except as provided in section 3 of this chapter, an individual
must satisfy the requirements set forth in one (1) of the following
subdivisions to receive an operator's license:
(1) The individual meets the following conditions:
(A) Is at least sixteen (16) years and one hundred eighty
(180) days of age.
(B) Has held a valid learner's permit for at least one
hundred eighty (180) days.
(C) Obtains an instructor's certification that the individual
has satisfactorily completed an approved driver education
course.
(D) Passes the required examination.
(E) Completes at least fifty (50) hours of supervised driving
practice, of which at least ten (10) hours are nighttime
driving, with:
(i) a licensed instructor or a licensed driver who is at
least twenty-five (25) years of age; or
(ii) the spouse of the individual who is at least twenty-one
(21) years of age.
(2) The individual meets the following conditions:
(A) Is at least sixteen (16) years and two hundred seventy
(270) days of age.
(B) Has held a valid learner's permit for at least one
hundred eighty (180) days.
(C) Passes the required examination.
(D) Completes at least fifty (50) hours of supervised
driving practice, of which at least ten (10) hours are
nighttime driving, with:
(i) a licensed instructor or a licensed driver who is at
least twenty-five (25) years of age; or
(ii) the spouse of the individual who is at least twenty-one
(21) years of age.
(3) The individual meets the following conditions:
(A) Is at least sixteen (16) years and one hundred eighty
(180) days of age but less than eighteen (18) years of age.
(B) Has previously been a nonresident of Indiana, but, at
the time of application, qualifies as an Indiana resident.
(C) Holds an unrevoked driver's license, excluding a
learner's permit or the equivalent, in the state or a
combination of states in which the individual formerly
resided for at least one hundred eighty (180) days.
(D) Passes the required examination.
(4) The individual meets the following conditions:
(A) Is at least eighteen (18) years of age.
(B) Has previously been a nonresident of Indiana but, at
the time of application, qualifies as an Indiana resident.
(C) Has held an unrevoked operator's, chauffeur's,
commercial driver's, or public passenger chauffeur's
license from the state of prior residence.
(D) Passes the required examination.
SOURCE: IC 9-24-7-1; (09)CC001602.1.6. -->
SECTION 6. IC 9-24-7-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1.
(a) This subsection expires
June 30, 2010. The bureau shall issue a learner's permit to an
individual who meets the following conditions:
(1) Is at least fifteen (15) years of age.
(2) If less than eighteen (18) years of age, is not ineligible under
IC 9-24-2-1.
(3) Is enrolled in an approved driver education course.
(b) This subsection applies beginning July 1, 2010. The bureau
shall issue a learner's permit to an individual who meets the
following conditions:
(1) Is at least fifteen (15) years and one hundred eighty (180)
days of age.
(2) If less than eighteen (18) years of age, is not ineligible
under IC 9-24-2-1.
(3) Is enrolled in an approved driver education course.
SOURCE: IC 9-24-11-0.5; (09)CC001602.1.7. -->
SECTION 7. IC 9-24-11-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 0.5. As used in this chapter, "telecommunications
device" means an electronic or digital telecommunications device.
SOURCE: IC 9-24-11-3; (09)CC001602.1.8. -->
SECTION 8. IC 9-24-11-3, AS AMENDED BY P.L.184-2007,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3.
(a) This section applies to a probationary
operator's license issued before July 1, 2009.
(a) (b) A license issued to an individual less than eighteen (18)
years of age is a probationary license.
(b) (c) An individual holds a probationary license subject to the
following conditions:
(1) Except as provided in IC 31-37-3, the individual may not
operate a motor vehicle during the curfew hours specified in
IC 31-37-3-2.
(2) During the ninety (90) days following the issuance of the
probationary license, the individual may not operate a motor
vehicle in which there are passengers unless another individual
who:
(A) is at least twenty-one (21) years of age and
(B) holds a valid operator's license issued under this article;
or
(B) is the parent, guardian, or stepparent of the operator
who is at least twenty-one (21) years of age;
is present in the front seat of the motor vehicle.
(3) The individual may operate a motor vehicle only if the
individual and each occupant of the motor vehicle has a safety
belt properly fastened about the occupant's body at all times when
the motor vehicle is in motion.
(c) (d) An individual who holds a probationary license issued under
this section may receive an operator's license, a chauffeur's license, a
public passenger chauffeur's license, or a commercial driver's license
when the individual is at least eighteen (18) years of age.
(d) (e) Except as provided in subsection
(e), (f), a probationary
license issued under this section:
(1) expires at midnight of the twenty-first birthday of the holder;
and
(2) may not be renewed.
(e) (f) A probationary license issued under this section to an
individual who complies with IC 9-24-9-2.5(5) through
IC 9-24-9-2.5(9) expires:
(1) at midnight one (1) year after issuance if there is no expiration
date on the authorization granted to the individual to remain in the
United States; or
(2) if there is an expiration date on the authorization granted to
the individual to remain in the United States, the earlier of the
following:
(A) At midnight of the date the authorization to remain in the
United States expires.
(B) At midnight of the twenty-first birthday of the holder.
SOURCE: IC 9-24-11-3.3; (09)CC001602.1.9. -->
SECTION 9. IC 9-24-11-3.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 3.3. (a) This section applies to a probationary
operator's license issued after June 30, 2009.
(b) A license issued to an individual less than eighteen (18) years
of age is a probationary license. An individual holds a probationary
license subject to the following conditions:
(1) Except as provided in subdivision (3), the individual may
not operate a motor vehicle from 10 p.m. until 5 a.m. of the
following morning during the first one hundred eighty (180)
days after issuance of the probationary license.
(2) Except as provided in subdivision (3), after one hundred
eighty (180) days after issuance of the probationary license,
and until the individual becomes eighteen (18) years of age, an
individual may not operate a motor vehicle:
(A) between 1 a.m. and 5 a.m. on a Saturday or Sunday;
(B) after 11 p.m. on Sunday, Monday, Tuesday,
Wednesday, or Thursday; or
(C) before 5 a.m. on Monday, Tuesday, Wednesday,
Thursday, or Friday.
(3) The individual may operate a motor vehicle during the
periods described in subdivisions (1) and (2) if the individual
operates the motor vehicle while:
(A) participating in, going to, or returning from:
(i) lawful employment;
(ii) a school sanctioned activity; or
(iii) a religious event; or
(B) accompanied by a licensed driver at least twenty-five
(25) years of age.
(4) The individual may not operate a motor vehicle while
using a telecommunications device until the individual
becomes eighteen (18) years of age unless the
telecommunications device is being used to make a 911
emergency call.
(5) Except as provided in subdivision (6), during the one
hundred eighty (180) days after the issuance of the
probationary license, the individual may not operate a motor
vehicle in which there are passengers until the individual
becomes eighteen (18) years of age unless another individual:
(A) who:
(i) is at least twenty-five (25) years of age; and
(ii) holds a valid operator's, chauffeur's, public
passenger chauffeur's, or commercial driver's license
issued under this article;
(B) who is a certified driver education instructor; or
(C) who is the parent, guardian, or stepparent of the
operator who is at least twenty-one (21) years of age;
is present in the front seat of the motor vehicle.
(6) The individual may operate a motor vehicle and transport:
(A) a child of the individual;
(B) a sibling of the individual;
(C) a child and a sibling of the individual;
(D) the spouse of the individual; or
(E) a child and the spouse of the individual;
without another accompanying individual present in the
motor vehicle.
(7) The individual may operate a motor vehicle only if the
individual and each occupant of the motor vehicle:
(A) are properly restrained by a properly fastened safety
belt; or
(B) if the occupant is a child, the child must be properly
fastened and restrained in a child restraint system
according to the manufacturer's instructions under
IC 9-19-11;
properly fastened about the occupant's body at all times when
the motor vehicle is in motion.
(c) An individual who holds a probationary license issued under
this section may receive an operator's license, a chauffeur's license,
a public passenger chauffeur's license, or a commercial driver's
license when the individual is at least eighteen (18) years of age.
(d) Except as provided in IC 9-24-12-1(e), a probationary license
issued under this section:
(1) expires at midnight of the date thirty (30) days after the
twenty-first birthday of the holder; and
(2) may not be renewed.
SOURCE: IC 9-24-12-0.5; (09)CC001602.1.10. -->
SECTION 10. IC 9-24-12-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 0.5. This section applies
beginning January 1, 2010. A learner's permit issued under this
article expires two (2) years after the date of issuance.
SOURCE: IC 9-24-12-1; (09)CC001602.1.11. -->
SECTION 11. IC 9-24-12-1, AS AMENDED BY P.L.184-2007,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. (a) Except as provided in subsection
subsections (b) and (d) and section 10 of this chapter, an operator's
license issued under this article before January 1, 2006, expires at
midnight of the birthday of the holder that occurs four (4) years
following the date of issuance.
(b) Except as provided in sections 10, 11, and 12 of this chapter, an
operator's license issued to an applicant who is at least seventy-five
(75) years of age expires at midnight of the birthday of the holder that
occurs three (3) years following the date of issuance.
(c) Except as provided in subsections (b) and (d) and sections 10,
11, and 12 of this chapter, after December 31, 2005, an operator's
license issued under this article expires at midnight of the birthday of
the holder that occurs six (6) years following the date of issuance.
(d) A probationary operator's license issued under IC 9-24-11-3 or
IC 9-24-11-3.3 expires at midnight of the twenty-first birthday of the
holder.
(e) A probationary license issued under IC 9-24-11-3.3 to an
individual who complies with IC 9-24-9-2.5(5) through
IC 9-24-9-2.5(9) expires:
(1) at midnight one (1) year after issuance if there is no
expiration date on the authorization granted to the individual
to remain in the United States; or
(2) if there is an expiration date on the authorization granted
to the individual to remain in the United States, the earlier of
the following:
(A) At midnight of the date the authorization to remain in
the United States expires.
(B) At midnight of the twenty-first birthday of the holder.
SOURCE: IC 9-29-9-2; (09)CC001602.1.12. -->
SECTION 12. IC 9-29-9-2, AS AMENDED BY P.L.156-2006,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 2. (a) The fee for an operator's license issued
under IC 9-24-3 or renewed under IC 9-24-12 to an individual who is:
(1) less than seventy-five (75) years of age is nine dollars ($9);
and
(2) at least seventy-five (75) years of age is six dollars ($6).
(b) After June 30, 2006, The fee for a probationary license issued
under IC 9-24-11-3(d) IC 9-24-11-3 or IC 9-24-11-3.3 is six dollars
($6).
SOURCE: IC 9-30-3-12; (09)CC001602.1.13. -->
SECTION 13. IC 9-30-3-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12. (a) If during any
twelve (12) month period a person has committed moving traffic
violations for which the person has:
(1) been convicted of at least two (2) traffic misdemeanors;
(2) had at least two (2) traffic judgments entered against the
person; or
(3) been convicted of at least one (1) traffic misdemeanor and has
had at least one (1) traffic judgment entered against the person;
the bureau may require the person to attend and satisfactorily complete
a defensive driving school program. The person shall pay all applicable
fees required by the bureau.
(b) This subsection applies to an individual who holds a
probationary license under IC 9-24-11-3
or IC 9-24-11-3.3 or is less
than eighteen (18) years of age. An individual is required to attend and
satisfactorily complete a defensive driving school program if either of
the following occurs at least twice or if both of the following have
occurred
when the individual was less than eighteen (18) years of
age:
(1) The individual has been convicted of a moving traffic offense
(as defined in section 14(a) of this chapter), other than an offense
that solely involves motor vehicle equipment.
(2) The individual has been the operator of a motor vehicle
involved in an accident for which a report is required to be filed
under IC 9-26-2.
The individual shall pay all applicable fees required by the bureau.
(c) The bureau may suspend the driving license of any person who:
(1) fails to attend a defensive driving school program; or
(2) fails to satisfactorily complete a defensive driving school
program;
as required by this section.
(d) Notwithstanding IC 33-37-4-2, any court may suspend one-half
(1/2) of each applicable court cost for which a person is liable due to
a traffic violation if the person enrolls in and completes a defensive
driving school or a similar school conducted by an agency of the state
or local government.
SOURCE: IC 20-19-2-8; (09)CC001602.1.14. -->
SECTION 14. IC 20-19-2-8, AS AMENDED BY P.L.146-2008,
SECTION 450, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 8. (a) In addition to any other
powers and duties prescribed by law, the state board shall adopt rules
under IC 4-22-2 concerning, but not limited to, the following matters:
(1) The designation and employment of the employees and
consultants necessary for the department. The state board shall fix
the compensation of employees of the department, subject to the
approval of the budget committee and the governor under
IC 4-12-2.
(2) The establishment and maintenance of standards and
guidelines for media centers, libraries, instructional materials
centers, or any other area or system of areas in a school where a
full range of information sources, associated equipment, and
services from professional media staff are accessible to the school
community. With regard to library automation systems, the state
board may only adopt rules that meet the standards established by
the state library board for library automation systems under
IC 4-23-7.1-11(b).
(3) The establishment and maintenance of standards for student
personnel and guidance services.
(4) The establishment and maintenance of minimum standards for
driver education programs (including classroom instruction and
practice driving) and equipment. Classroom instruction standards
established under this subdivision must include instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donor
program;
and must provide, effective July 1, 2010, that the classroom
instruction may not be provided to a child less than fifteen
(15) years and one hundred eighty (180) days of age.
(5) The inspection of all public schools in Indiana to determine
the condition of the schools. The state board shall establish
standards governing the accreditation of public schools.
Observance of:
(A) IC 20-31-4;
(B) IC 20-28-5-2;
(C) IC 20-28-6-3 through IC 20-28-6-7;
(D) IC 20-28-9-7 and IC 20-28-9-8;
(E) IC 20-28-11; and
(F) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, and
IC 20-32-8;
is a prerequisite to the accreditation of a school. Local public
school officials shall make the reports required of them and
otherwise cooperate with the state board regarding required
inspections. Nonpublic schools may also request the inspection
for classification purposes. Compliance with the building and site
guidelines adopted by the state board is not a prerequisite of
accreditation.
(6) Subject to section 9 of this chapter, the adoption and approval
of textbooks under IC 20-20-5.
(7) The distribution of funds and revenues appropriated for the
support of schools in the state.
(8) The state board may not establish an accreditation system for
nonpublic schools that is less stringent than the accreditation
system for public schools.
(9) A separate system for recognizing nonpublic schools under
IC 20-19-2-10. Recognition of nonpublic schools under this
subdivision constitutes the system of regulatory standards that
apply to nonpublic schools that seek to qualify for the system of
recognition.
(10) The establishment and enforcement of standards and
guidelines concerning the safety of students participating in
cheerleading activities.
(b) Before final adoption of any rule, the state board shall make a
finding on the estimated fiscal impact that the rule will have on school
corporations.
SOURCE: IC 26-2-6-6; (09)CC001602.1.15. -->
SECTION 15. IC 26-2-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) A person who
knowingly violates this chapter commits a Class C infraction. Each
violation of this chapter constitutes a separate infraction.
(b) In addition to any other available legal remedy, a person who
violates the terms of an injunction issued under section 5 of this
chapter commits a Class A infraction. Each violation of the terms of an
injunction issued under section 5 of this chapter constitutes a separate
infraction. Whenever the court determines that the terms of an
injunction issued under section 5 of this chapter have been violated, the
court shall award reasonable costs to the state.
(c) Notwithstanding IC 34-28-5-1(a), IC 34-28-5-1(b), the
prosecuting attorney or the attorney general in the name of the state
may bring an action to petition for the recovery of the penalties
outlined in this section.
SOURCE: IC 33-39-1-8; (09)CC001602.1.16. -->
SECTION 16. IC 33-39-1-8, AS AMENDED BY P.L.234-2007,
SECTION 168, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 8. (a) After June 30, 2005, this
section does not apply to a person who:
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation of
a motor vehicle in accordance with the federal Motor Carrier
Safety Improvement Act of 1999 (MCSIA) (Public Law
106-159.113 Stat. 1748).
(b) This section does not apply to a person arrested for or charged
with:
(1) an offense under IC 9-30-5-1 through IC 9-30-5-5; or
(2) if a person was arrested or charged with an offense under
IC 9-30-5-1 through IC 9-30-5-5, an offense involving:
(A) intoxication; or
(B) the operation of a motor vehicle;
if the offense involving intoxication or the operation of a motor vehicle
was part of the same episode of criminal conduct as the offense under
IC 9-30-5-1 through IC 9-30-5-5.
(c) This section does not apply to a person:
(1) who is arrested for or charged with an offense under:
(A) IC 7.1-5-7-7(a), if the alleged offense occurred while
the person was operating a motor vehicle;
(B) IC 9-30-4-8(a), if the alleged offense occurred while the
person was operating a motor vehicle;
(C) IC 35-42-2-2(c)(1);
(D) IC 35-42-2-4(b)(1); or
(E) IC 35-43-1-2(a), if the alleged offense occurred while
the person was operating a motor vehicle; and
(2) who held a probationary license (as defined in
IC 9-24-11-3(b) or IC 9-24-11-3.3(b)) and was less than
eighteen (18) years of age at the time of the alleged offense.
(c) (d) A prosecuting attorney may withhold prosecution against an
accused person if:
(1) the person is charged with a misdemeanor;
(2) the person agrees to conditions of a pretrial diversion program
offered by the prosecuting attorney;
(3) the terms of the agreement are recorded in an instrument
signed by the person and the prosecuting attorney and filed in the
court in which the charge is pending; and
(4) the prosecuting attorney electronically transmits information
required by the prosecuting attorneys council concerning the
withheld prosecution to the prosecuting attorneys council, in a
manner and format designated by the prosecuting attorneys
council.
(d) (e) An agreement under subsection (c) (d) may include
conditions that the person:
(1) pay to the clerk of the court an initial user's fee and monthly
user's fees in the amounts specified in IC 33-37-4-1;
(2) work faithfully at a suitable employment or faithfully pursue
a course of study or career and technical education that will equip
the person for suitable employment;
(3) undergo available medical treatment or counseling and remain
in a specified facility required for that purpose;
(4) support the person's dependents and meet other family
responsibilities;
(5) make restitution or reparation to the victim of the crime for the
damage or injury that was sustained;
(6) refrain from harassing, intimidating, threatening, or having
any direct or indirect contact with the victim or a witness;
(7) report to the prosecuting attorney at reasonable times;
(8) answer all reasonable inquiries by the prosecuting attorney
and promptly notify the prosecuting attorney of any change in
address or employment; and
(9) participate in dispute resolution either under IC 34-57-3 or a
program established by the prosecuting attorney.
(e) (f) An agreement under subsection
(c)(2) (d)(2) may include
other provisions reasonably related to the defendant's rehabilitation, if
approved by the court.
(f) (g) The prosecuting attorney shall notify the victim when
prosecution is withheld under this section.
(g) (h) All money collected by the clerk as user's fees under this
section shall be deposited in the appropriate user fee fund under
IC 33-37-8.
(h) (i) If a court withholds prosecution under this section and the
terms of the agreement contain conditions described in subsection
(d)(6): (e)(6):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court
administration with the clerk.
SOURCE: IC 34-28-5-1; (09)CC001602.1.17. -->
SECTION 17. IC 34-28-5-1, AS AMENDED BY P.L.200-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1.
(a) As used in this section, "probationary
license" refers to a license described in IC 9-24-11-3(b) or
IC 9-24-11-3.3(b).
(a) (b) An action to enforce a statute defining an infraction shall be
brought in the name of the state of Indiana by the prosecuting attorney
for the judicial circuit in which the infraction allegedly took place.
However, if the infraction allegedly took place on a public highway (as
defined in IC 9-25-2-4) that runs on and along a common boundary
shared by two (2) or more judicial circuits, a prosecuting attorney for
any judicial circuit sharing the common boundary may bring the action.
(b) (c) An action to enforce an ordinance shall be brought in the
name of the municipal corporation. The municipal corporation need not
prove that it or the ordinance is valid unless validity is controverted by
affidavit.
(c) (d) Actions under this chapter (or IC 34-4-32 before its repeal):
(1) shall be conducted in accordance with the Indiana Rules of
Trial Procedure; and
(2) must be brought within two (2) years after the alleged conduct
or violation occurred.
(d) (e) The plaintiff in an action under this chapter must prove the
commission of an infraction or ordinance violation by a preponderance
of the evidence.
(e) (f) The complaint and summons described in IC 9-30-3-6 may
be used for any infraction or ordinance violation.
(f) (g) Subsection (h) does not apply to an individual holding a
probationary license who is alleged to have committed an
infraction under any of the following when the individual was less
than eighteen (18) years of age at the time of the alleged offense:
IC 9-19
IC 9-21
IC 9-24
IC 9-25
IC 9-26
IC 9-30-5
IC 9-30-10
IC 9-30-15.
(h) This subsection does not apply to an offense or violation under
IC 9-24-6 involving the operation of a commercial motor vehicle. The
prosecuting attorney or the attorney for a municipal corporation may
establish a deferral program for deferring actions brought under this
section. Actions may be deferred under this section if:
(1) the defendant in the action agrees to conditions of a deferral
program offered by the prosecuting attorney or the attorney for a
municipal corporation;
(2) the defendant in the action agrees to pay to the clerk of the
court an initial user's fee and monthly user's fee set by the
prosecuting attorney or the attorney for the municipal corporation
in accordance with IC 33-37-4-2(e);
(3) the terms of the agreement are recorded in an instrument
signed by the defendant and the prosecuting attorney or the
attorney for the municipal corporation;
(4) the defendant in the action agrees to pay a fee of seventy
dollars ($70) to the clerk of court if the action involves a moving
traffic offense (as defined in IC 9-13-2-110);
(5) the agreement is filed in the court in which the action is
brought; and
(6) if the deferral program is offered by the prosecuting attorney,
the prosecuting attorney electronically transmits information
required by the prosecuting attorneys council concerning the
withheld prosecution to the prosecuting attorneys council, in a
manner and format designated by the prosecuting attorneys
council.
When a defendant complies with the terms of an agreement filed under
this subsection (or IC 34-4-32-1(f) before its repeal), the prosecuting
attorney or the attorney for the municipal corporation shall request the
court to dismiss the action. Upon receipt of a request to dismiss an
action under this subsection, the court shall dismiss the action. An
action dismissed under this subsection (or IC 34-4-32-1(f) before its
repeal) may not be refiled.
(g) (i) If a judgment is entered against a defendant in an action to
enforce an ordinance, the defendant may perform community
restitution or service (as defined in IC 35-41-1-4.6) instead of paying
a monetary judgment for the ordinance violation as described in section
4(e) of this chapter if:
(1) the:
(A) defendant; and
(B) attorney for the municipal corporation;
agree to the defendant's performance of community restitution or
service instead of the payment of a monetary judgment;
(2) the terms of the agreement described in subdivision (1):
(A) include the amount of the judgment the municipal
corporation requests that the defendant pay under section 4(e)
of this chapter for the ordinance violation if the defendant fails
to perform the community restitution or service provided for
in the agreement as approved by the court; and
(B) are recorded in a written instrument signed by the
defendant and the attorney for the municipal corporation;
(3) the agreement is filed in the court where the judgment was
entered; and
(4) the court approves the agreement.
If a defendant fails to comply with an agreement approved by a court
under this subsection, the court shall require the defendant to pay up to
the amount of the judgment requested in the action under section 4(e)
of this chapter as if the defendant had not entered into an agreement
under this subsection.
SOURCE: IC 34-28-5-4; (09)CC001602.1.18. -->
SECTION 18. IC 34-28-5-4, AS AMENDED BY P.L.200-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 4. (a) A judgment of up to ten thousand dollars
($10,000) may be entered for a violation constituting a Class A
infraction.
(b) A judgment of up to one thousand dollars ($1,000) may be
entered for a violation constituting a Class B infraction.
(c) A judgment of up to five hundred dollars ($500) may be entered
for a violation constituting a Class C infraction.
(d) A judgment of up to twenty-five dollars ($25) may be entered for
a violation constituting a Class D infraction.
(e) Subject to section 1(g) 1(i) of this chapter, a judgment:
(1) up to the amount requested in the complaint; and
(2) not exceeding any limitation under IC 36-1-3-8;
may be entered for an ordinance violation.
SOURCE: ; (09)CC001602.1.19. -->
SECTION 19. [EFFECTIVE UPON PASSAGE] (a)
Notwithstanding IC 5-2-6.5-9(e), as added by this act, the Indiana
criminal justice institute established by IC 5-2-6-3 shall, under
interim written guidelines approved by the executive director of
the Indiana criminal justice institute, provide that after June 30,
2010, the classroom training provided by licensed commercial
driver training schools may not be provided to a child less than
fifteen (15) years and one hundred eighty (180) days of age.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 5-2-6.5-9(e), as added
by this act.
(2) December 31, 2011.
SOURCE: ; (09)CC001602.1.20. -->
SECTION 20. [EFFECTIVE UPON PASSAGE] (a)
Notwithstanding IC 20-19-2-8(a)(4), as amended by this act, the
Indiana state board of education shall, under interim written
guidelines approved by the state superintendent of public
instruction, provide that after June 30, 2010, the classroom
training provided by public schools and private schools under the
authority of the department of education may not be provided to
a child less than fifteen (15) years and one hundred eighty (180)
days of age.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 20-19-2-8(a)(4), as
amended by this act.
(2) December 31, 2011.
SOURCE: ; (09)CC001602.1.21. -->
SECTION 21. [EFFECTIVE UPON PASSAGE] (a) As used in this
section, "committee" refers to the interim study committee on
driver education established by this SECTION.
(b) There is established the interim study committee on driver
education. The committee shall study:
(1) the administration of driver education by the bureau of
motor vehicles and the department of education;
(2) standards for an Internet component of driver instruction;
(3) standards for a classroom component of driver
instruction;
(4) penalties for instructional providers that fail to follow the
standards for instruction driving experience;
(5) statistics for moving violations accrued by individuals less
than eighteen (18) years of age who had:
(A) taken driver education with a classroom component of
driver instruction;
(B) taken an Internet component of driver instruction; and
(C) no formal driver education;
(6) the effectiveness of driver education courses on the
accident rates of young drivers; and
(7) the standards and curriculum content for an effective
driver education program.
(c) Not later than November 1 in the years 2009 through 2014,
the state police department shall make a written report to the:
(1) legislative council; and
(2) governor;
concerning motor vehicle accidents and fatalities resulting from
motor vehicle accidents in the preceding year involving operators
of a motor vehicle who were at least fifteen (15) years and one
hundred eighty (180) days of age and less than twenty (20) years of
age. The report to the legislative council must be in an electronic
format under IC 5-14-6.
(d) The committee shall operate under the policies governing
study committees adopted by the legislative council.
(e) The affirmative votes of a majority of the voting members
appointed to the committee are required for the committee to take
action on any measure, including final reports.
(f) This SECTION expires December 31, 2014.
SOURCE: ; (09)CC001602.1.22. -->
SECTION 22.
An emergency is declared for this act.
(Reference is to ESB 16 as reprinted April 14, 2009.)
Conference Committee Report
on
Engrossed Senate Bill 16
Text Box
S
igned by:
____________________________ ____________________________
Senator HoldmanRepresentative Welch
Chairperson
____________________________ ____________________________
Senator TallianRepresentative Duncan
Senate Conferees House Conferees