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 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.
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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.