SB 247-1_ Filed 03/15/2007, 10:18


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

11

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Roads and Transportation     , to which was referred       Senate Bill 247     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 1; (07)AM024703.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 9-13-2-49.5; (07)AM024703.1. -->     "SECTION 1. IC 9-13-2-49.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 49.5. "Electronic traffic ticket", for purposes of IC 9-30-3, has the meaning set forth in IC 9-30-3-2.5.".
SOURCE: Page 1, line 10; (07)AM024703.1. -->     Page 1, after line 10, begin a new paragraph and insert:
SOURCE: IC 9-30-3-2.5; (07)AM024703.3. -->     "SECTION 3. IC 9-30-3-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2.5. (a) As used in this chapter, "electronic traffic ticket" means:
        (1) a traffic information and summons; or
        (2) a complaint and summons;
for traffic cases that is in an electronic format prescribed by the division of state court administration.

    (b) An electronic traffic ticket may be referred to as an "e-citation".
SOURCE: IC 9-30-3-5.3; (07)AM024703.4. -->     SECTION 4. IC 9-30-3-5.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5.3. In prescribing the contents of an electronic traffic ticket, the division of state court administration shall require the inclusion in an electronic traffic ticket of the contents required in an information and summons under section 6 of this chapter. The division of state court administration may modify the prescribed contents of an electronic traffic ticket as necessary for the ticket to be in an electronic format.
SOURCE: IC 9-30-3-5.7; (07)AM024703.5. -->     SECTION 5. IC 9-30-3-5.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5.7. (a) When a law enforcement officer issues an electronic traffic ticket, the law enforcement officer:
        (1) may print the electronic traffic ticket at the site of the traffic violation; and
        (2) shall inform the individual to whom the electronic traffic ticket has been issued and note on the electronic traffic ticket whether the individual must appear in court on a specific date at a specific time.
    (b) An electronic traffic ticket issued under this chapter that bears a printed or digital signature of:
        (1) the law enforcement officer who issued the electronic traffic ticket; and
        (2) the prosecuting attorney, or a representative of the office of the prosecuting attorney, of the county in which the electronic traffic ticket was issued;
is admissible in a court proceeding as if the signatures referred to in subdivisions (1) and (2) were original signatures.
    (c) A law enforcement officer who issues an electronic traffic ticket may transmit the electronic traffic ticket to the court electronically if the court and the electronic traffic ticket are in compliance with the administrative rules adopted by the supreme court.
    (d) A law enforcement officer who issues an electronic traffic

ticket shall indicate on the electronic traffic ticket whether the law enforcement officer served the person receiving the electronic traffic ticket.
     (e) The electronic transmission of an electronic traffic ticket shall be considered by the court as an original certified copy of the traffic information and summons or complaint and summons. An electronic traffic ticket may be used:
        (1) to notify the bureau of an Indiana resident who fails to:
            (A) appear; or
            (B) answer a traffic information and summons or complaint and summons;
        (2) to notify the bureau of a defendant who is not an Indiana resident and who fails to:
            (A) appear; or
            (B) answer a traffic information and summons;
        (3) to notify the bureau upon a final determination of a defendant's failure to appear; or
        (4) as a record of a traffic case that an individual has been charged with a traffic offense when:
            (A) the individual has been convicted;
            (B) a judgment has been entered; or
            (C) a finding has been made by a court.

SOURCE: IC 9-30-3-6; (07)AM024703.6. -->     SECTION 6. IC 9-30-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) This section does not apply to electronic traffic tickets.
    (b)
In traffic cases, the information and summons shall be in substantially the following form:
In the _________ Court of __________ County
Cause No. _________ Docket No. ___________
Page No. _____
State of Indiana
    SS:    No.___________
County of _______________________________
INFORMATION AND SUMMONS

The undersigned having probable cause to believe and being duly sworn upon his oath says that:
On the ____________ Day of __________, 20 ____ at ____ M
Name ____________________________________________
    Last    First    Middle
Street ________________________________________________
City ______________________ State _____ Zip Code ______
Race ___ Sex ___ Age ___ D.O.B. ______ HT ____ WT _____
Oper. Lic. #_____________ St. ____ Did Unlawfully
Operate Veh. Color _______ Veh. Yr.___ Veh. Make ______
Veh. Lic. Yr. ____ Veh. Lic. St. ____ Veh. Lic. # ______
Upon, (Location) _____________________________________
__________________________________________________
A PUBLIC STREET OR HIGHWAY IN ________________
COUNTY, INDIANA, AND COMMIT, THE OFFENSE OF:
_______________________________________________________
_______________________________________________________
CONTRARY TO THE FORM OF THE ( ) STATE STATUTE
( ) LOCAL ORDINANCE IN SUCH CASE MADE AND PROVIDED.
OFFICER'S SIGNATURE ___________________________
I.D. No. ______________ Div. Dist. _______________________
POLICE AGENCY _______________________________________
Subscribed And Sworn to Before Me
(Deputy Clerk) ______________________________________
This ____________ Day of _________________, 20 ____
COURT APPEARANCE

I PROMISE TO APPEAR IN COURTROOM
__________________________________________________
ADDRESS: ______________________________
ON ______________ THE ________ DAY OF_________, 20 ___ AT __ M. OR BE SUBJECT TO ARREST.
SIGNATURE __________________________________________
"YOUR SIGNATURE IS NOT AN ADMISSION OF GUILT"
    The information and summons shall consist of four (4) parts:
        (1) the original copy, printed on white paper, which shall be the abstract of court record for the Indiana bureau of motor vehicles;
        (2) the court copy, printed on white paper;
        (3) the police record, which shall be a copy of the information, printed on pink paper; and
        (4) the summons copy, printed on white stock.
    The reverse sides of the information and abstract of court record shall be substantially as follows, with such additions or deletions as are

necessary to adapt the form to the court involved:
RECEIPT #_______________
DATE ___________________

COURT ACTION AND OTHER ORDERS

BAIL $ ___________
REARREST BOND $ _____________ DATE ___________
1. CONTINUANCE TO ___    4. CONTINUANCE TO ____
2. CONTINUANCE TO ___    5. CONTINUANCE TO ____
3. CONTINUANCE TO ___    6. CONTINUANCE TO ____
    Motions    Date    Ruling    Date
1.    ___    ___    ___    ___
2.    ___    ___    ___    ___
3.    ___    ___    ___    ___
4.    ___    ___    ___    ___
PLEA    ( ) GUILTY
    ( ) NOT GUILTY
FINDING    ( ) GUILTY
    ( ) NOT GUILTY
THE COURT THEREFORE, ENTERS

THE FOLLOWING ORDER

FINE $ _________
AMOUNT SUSP. $ _________

        (STATE) $ _____________
COSTS
        (CITY) $ ______________
___________ DAYS IN __________________ DAYS SUSP. __________
( ) RECOMMENDED LICENSE SUSPENDED FOR _______
( ) PROBATIONARY LICENSE AUTHORIZED FOR ONE YEAR PROBATION
__________________________________________________

__________________________________________________

__________________________________________________

__________________________________________________

JUDGE: ______________________________________________
DATE: ______________________________________________
ATTORNEY FOR DEFENDANT _________________
ADDRESS________________________ TELEPHONE _________
WITNESSES

_________________________________________________

_________________________________________________

    The notice, the appearance, the plea of either guilty or not guilty, and the waiver shall be printed on the summons. The trimmed size of the paper and stock on which the form is printed shall be nominally four and one quarter (4 1/4) inches by eight and one quarter (8 1/4) inches.
    (b) (c) In civil traffic cases, the complaint and summons shall be in substantially the following form:
In the ____________________ Court of _______________ County
Cause No. ______________ Docket No. ________________
Page No.__________________________
State of Indiana
    SS:    No._____________
County of ______________________________________
COMPLAINT AND SUMMONS

The undersigned having probable cause to believe and being duly sworn upon his oath says that:
On the ____________ Day of___________, 20 ____ at __ M
Name _________________________________________________
    Last    First    Middle
Street _____________________________________
City ________________________ State _____ Zip Code ________
Race ___ Sex ___ Age __ D.O.B. ________ HT ____ WT ___
Oper. Lic. # ____________ St. ______________ Did Unlawfully
Operate Veh. Color _______ Veh. Yr. ___ Veh. Make _________
Veh. Lic. Yr. ____ Veh. Lic. St. ____ Veh. Lic. # _________
Upon, (Location) _____________________________________
______________________________________________________
A PUBLIC STREET OR HIGHWAY IN ____________________
COUNTY, INDIANA, AND COMMIT, THE OFFENSE OF:
__________________________________________________

__________________________________________________

__________________________________________________

CONTRARY TO THE FORM OF THE ( ) STATE STATUTE
( ) LOCAL ORDINANCE IN SUCH CASE MADE AND PROVIDED.
OFFICER'S SIGNATURE ___________________________
I.D. No. _____________ Div. Dist. _______________________
POLICE AGENCY _________________________________
Subscribed And Sworn to Before Me
(Deputy Clerk) __________________________________________
This ____________ Day of ______________, 20___
COURT APPEARANCE

I PROMISE TO APPEAR IN ________________________
COURTROOM ___________________________________
ADDRESS: ______________________________________
ON ____________ THE ________ DAY OF ____, 20 ___
AT __ M. OR BE SUBJECT TO ARREST.
SIGNATURE _____________________________________
"YOUR SIGNATURE IS NOT AN ADMISSION OF A VIOLATION"
    The complaint and summons shall consist of four (4) parts:
        (1) the original copy, printed on white paper, which shall be the abstract of court record for the Indiana bureau of motor vehicles;
        (2) the court copy, printed on white paper;
        (3) the police record, which shall be a copy of the complaint, printed on pink paper; and
        (4) the summons copy, printed on white stock.
    The reverse sides of the complaint and abstract of court record shall be substantially as follows, with such additions or deletions as are necessary to adapt the form to the court involved:
RECEIPT #_________
DATE ________________
COURT ACTION AND OTHER ORDERS

BAIL $ _______________
REARREST BOND $ _________ DATE _______
1. CONTINUANCE TO ______    4. CONTINUANCE TO ______
2. CONTINUANCE TO ______    5. CONTINUANCE TO ______
3. CONTINUANCE TO ______    6. CONTINUANCE TO ______
    Motions    Date    Ruling    Date
1.    ___    ___    ___    ___
2.    ___    ___    ___    ___
3.    ___    ___    ___    ___
4.    ___    ___    ___    ___
PLEA    ( ) ADMIT
    ( ) DENY
    ( ) NOLO CONTENDERE
FINDING    ( ) JUDGMENT FOR PLAINTIFF
    ( ) JUDGMENT FOR DEFENDANT
THE COURT THEREFORE, ENTERS

THE FOLLOWING ORDER

FINE $ ________
AMOUNT SUSP. $ ________

        (STATE) $ __________
COSTS
        (CITY) $ ___________
( ) RECOMMENDED LICENSE SUSPENDED FOR ________
( ) PROBATIONARY LICENSE AUTHORIZED FOR ONE YEAR PROBATION
______________________________________________

______________________________________________

______________________________________________

______________________________________________

_______________________________________________

JUDGE: _________________________________________
DATE: __________________________________________
ATTORNEY FOR DEFENDANT ____________________
ADDRESS ___________________ TELEPHONE __________
WITNESSES

_______________________________________________

_______________________________________________

    The notice, appearance, plea of either admission, denial, or nolo contendere shall be printed on the summons. The trimmed size of the paper and stock on which the form is printed shall be nominally four and one quarter (4 1/4) inches by eight and one quarter (8 1/4) inches.
    (c) (d) The complaint form shall be used in traffic cases, whether the charge is made by a law enforcement officer or by any other person.
    (d) (e) Each judicial officer or police authority issuing traffic complaints and summons:
        (1) is responsible for the disposition of all the traffic complaints and summons issued under the authority of the officer or authority; and
        (2) shall prepare and submit the records and reports relating to the traffic complaints in the manner and at the time prescribed by both the state examiner of the state board of accounts and the bureau.
SOURCE: IC 9-30-3-8; (07)AM024703.7. -->     SECTION 7. IC 9-30-3-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. (a) The court may issue a warrant for the arrest of a defendant who is an Indiana resident and who fails to appear or answer a traffic information and summons or a complaint and summons served upon the defendant. If the warrant is not executed within thirty (30) days after issue, the court shall promptly forward the court copy of the traffic information and summons or complaint and summons to the bureau indicating that the defendant failed to appear in court as ordered. The court shall then mark the case as failure to appear on the court's records.
    (b) If a defendant who is not an Indiana resident fails to appear or answer a traffic summons served upon the defendant and upon which the information or complaint has been filed thirty (30) days after the return date of the information and summons or complaint and summons, the court shall promptly forward the court copy of the traffic information and summons or complaint and summons to the bureau. The bureau shall notify the motor vehicle commission of the state of the nonresident defendant of the defendant's failure to appear and also of any action taken by the bureau relative to the Indiana driving privileges of the defendant. If the defendant fails to appear or otherwise answer within thirty (30) days, the court shall mark the case as failure to appear on the court's records.
    (c) If the bureau receives a copy of the traffic information and summons or complaint and summons for failure to appear in court either on a form prescribed by the bureau or in an electronic format prescribed by the division of state court administration, the bureau shall suspend the driving privileges of the defendant until the defendant appears in court and the case has been disposed of. The order of suspension may be served upon the defendant by mailing the order by first class mail to the defendant at the last address shown for the defendant in the records of the bureau. The order takes effect on the date the order is mailed.
    (d) For nonresidents of Indiana, the order of suspension shall be mailed to the defendant at the address given to the arresting officer by the defendant as shown by the traffic information or complaint. The order takes effect on the date of mailing. A copy of the order shall also be sent to the motor vehicle bureau of the state of the nonresident defendant. If:
        (1) the defendant's failure to appear in court has been certified to the bureau under this chapter; and
        (2) the defendant subsequently appears in court to answer the charges against the defendant;
the court shall proceed to hear and determine the case in the same manner as other cases pending in the court. Upon final determination of the case, the court shall notify the bureau of the determination either in an electronic format or upon forms prescribed by the bureau. The notification shall be made by the court within ten (10) days after the final determination of the case, and information from the original copy of the traffic information and summons or complaint and summons must accompany the notification.
SOURCE: IC 9-30-3-11; (07)AM024703.8. -->     SECTION 8. IC 9-30-3-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 11. (a) Before accepting a plea of guilty to a misdemeanor traffic offense, the court shall inform the defendant of the defendant's rights, including the right to:
        (1) engage counsel;
        (2) a reasonable continuance to engage counsel to subpoena witnesses;
        (3) have process issued by the court, without expense to the defendant, to compel the attendance of witnesses in the defendant's behalf;
        (4) testify or not to testify in the defendant's own behalf;
        (5) a trial by jury; and
        (6) appeal.
    (b) The court shall inform each defendant charged with a traffic offense other than a nonmoving traffic offense, if the defendant is convicted or judgment is entered against the defendant, that a record of the conviction or judgment will be sent to the bureau or the motor vehicle bureau of the state where the defendant received a license to drive to become a part of the defendant's driving record.
    (c) The court shall keep a full record of every case in which a person is charged with a traffic offense other than a nonmoving traffic offense. Within ten (10) days after the conviction, judgment, or forfeiture of security deposit of a person, the court shall forward a copy of the judgment in an electronic format or an abstract as prescribed by IC 9-25-6-8. The abstract comprises the original copy of the traffic

information and summons or complaint and summons if the conviction, judgment, or forfeiture of security deposit has been entered on that copy. However, instead of the original copy, the court may, subject to the approval of the bureau, send the information in an electronic format or in the form of a chemical based, magnetic, or machine readable media. Records of nonmoving traffic offenses are not required to be forwarded to the bureau.
    (d) One (1) year after the abstract has been forwarded, the court may destroy the remaining court copies of the information and summons or complaint and summons and related pleadings if an order book entry of the copy has been made and the original copy has been sent to the bureau of motor vehicles.
    (e) Upon the failure of a court officer to comply with subsection (c), the officer is liable on the officer's official bond for a civil penalty of one hundred dollars ($100) accruing to the state, which may be recovered, together with the costs of the suit, in a civil action brought by the attorney general in the name of the state on relation of the attorney general. Each failure by an officer constitutes a separate cause of action.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 247 as reprinted February 14, 2007.)

and when so amended that said bill do pass.

__________________________________

Representative Austin


AM024703/DI 96    2007