Introduced Version
HOUSE BILL No. 1885
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 9-24-18-12
;
IC 35-46-1-10.5.
Synopsis: Driver's license suspension for minors who smoke. Permits
a court to order a one year suspension of the driver's license or six
month delay in the issuance of the driver's license or learner's permit of
a minor who violates tobacco laws.
Effective: July 1, 2003.
Stutzman, Thompson, Whetstone
January 23, 2003, read first time and referred to Committee on Roads and Transportation.
Introduced
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1885
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 9-24-18-12; (03)IN1885.1.1. -->
SECTION 1.
IC 9-24-18-12
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 12. Upon receipt of a
court order under:
(1)
IC 7.1-5-7-7
(minor possessing, consuming, or transporting
alcohol or having alcohol present in a bodily substance); or
(2)
IC 35-46-1-10.5
(tobacco violations);
the bureau shall suspend the minor's driver's license for the period
ordered by the court.
SOURCE: IC 35-46-1-10.5; (03)IN1885.1.2. -->
SECTION 2.
IC 35-46-1-10.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 10.5. (a) A person less
than eighteen (18) years of age who:
(1) purchases tobacco;
(2) accepts tobacco for personal use; or
(3) possesses tobacco on his
or her person;
commits a Class C infraction.
(b) It is a defense under subsection (a) that the accused person acted
in the ordinary course of employment in a business concerning tobacco:
(1) agriculture;
(2) processing;
(3) transporting;
(4) wholesaling; or
(5) retailing.
(c) After June 30, 2003, if a person:
(1) less than eighteen (18) years of age; and
(2) born after June 30, 1987;
violates subsection (a), the court that enters the judgment for the
infraction under subsection (a) may issue an order recommending
that the person's driver's license be suspended for up to one (1)
year.
(d) The court shall deliver an order recommending the
suspension of the person's driver's license under subsection (c) to
the bureau of motor vehicles. The bureau shall suspend the
person's driver's license under
IC 9-24-18-12
for the period
ordered by the court.
(e) If a person receives a judgment for an infraction described
in subsection (a) and the person does not hold a driver's license, the
court may issue an order recommending that the person may not
receive a driver's license from the bureau of motor vehicles until
six (6) months after the earliest date the person would otherwise be
eligible to receive a driver's license from the bureau of motor
vehicles. The bureau may not issue a driver's license to the person
until the date specified in the court's order.