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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles
conflicts between statutes enacted by the 2006 Regular Session of the General Assembly.
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.
SECTION 2. IC 9-24-12-3, AS AMENDED BY P.L.41-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 3. Except as provided in section 11 of this
chapter, a public passenger chauffeur's license issued under this article
after December 31, 1996, expires at midnight of the birthday of the
holder that occurs
two (2) four (4) years following the date of issuance.
SECTION 3. IC 9-29-9-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008]: Sec. 5. The fee for a public
passenger chauffeur's license issued under IC 9-24-5 is
four eight
dollars
($4). ($8).
SECTION 4. 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".
SECTION 5. 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.
SECTION 6. 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.
SECTION 7. 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.
SECTION 8. 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.
SECTION 9. 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.
SECTION 10.
An emergency is declared for this act.
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date:
Time:
SEA 247
Figure
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