Bill Text: IN SB0265 | 2010 | Regular Session | Amended
Bill Title: Resisting law enforcement and license suspension.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2010-02-16 - Representative Goodin added as cosponsor [SB0265 Detail]
Download: Indiana-2010-SB0265-Amended.html
Citations Affected: IC 9-24; IC 9-30; IC 35-44.
Synopsis: Resisting law enforcement and license suspension. Provides
that the driver's license of a person convicted of resisting law
enforcement while using a vehicle and: (1) exceeding the speed limit
by at least 20 miles per hour; (2) committing criminal recklessness; or
(3) engaging in reckless driving with a vehicle; may be suspended for
one year after the date the person is convicted (if the person is not
incarcerated) or released from incarceration for a first offense, and two
years for a second or subsequent offense. Specifies in which court a
petition for a hardship license must be filed. Requires the court to
notify the bureau of motor vehicles of the person's conviction, and
specifies that the convicted person has the burden of applying for a new
or renewal license and establishing that the one year or two year period
has elapsed.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 28, 2010, amended, reported favorably _ Do Pass.
February 1, 2010, read second time, amended, ordered engrossed.
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
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) the petitioner is a defendant in a pending case concerning the commission of an offense described in IC 9-30-5;
(2) the petitioner is on probation after being convicted of committing an offense described in IC 9-30-5;
(3) the petitioner's driving privileges have been suspended under IC 35-48-4-15 after the petitioner was convicted of committing an offense described in IC 35-48-4-15(a); or
(4) the petitioner's driving privileges have been suspended in accordance with IC 9-30-4-6(b)(3) following the petitioner's conviction in Indiana for a felony;
the petition may be filed only in the circuit court or superior court in
which the case is pending or the petitioner was convicted.
(b) The clerk of the court shall docket the verified petition in the
name of the petitioner against the prosecuting attorney of the county.
(c) The prosecuting attorney shall appear in person or by deputy and
be heard by the court on the petition.
(d) The bureau:
(1) serves as a recordkeeper; and
(2) is not a party;
in a proceeding under this chapter.
(b) The bureau shall suspend or revoke without notice or hearing the current driver's license and all certificates of registration and license plates issued or registered in the name of a person who is convicted of any of the following:
(1) Manslaughter or reckless homicide resulting from the operation of a motor vehicle.
(2) Perjury or knowingly making a false affidavit to the department under this chapter or any other law requiring the registration of motor vehicles or regulating motor vehicle operation upon the highways.
(3) A felony under Indiana motor vehicle laws or felony in the commission of which a motor vehicle is used.
(4) Three (3) charges of criminal recklessness involving the use of a motor vehicle within the preceding twelve (12) months.
(5) Failure to stop and give information or assistance or failure to stop and disclose the person's identity at the scene of an accident that has resulted in death, personal injury, or property damage in excess of two hundred dollars ($200).
(6) Possession, distribution, manufacture, cultivation, transfer, use, or sale of a controlled substance or counterfeit substance, or attempting or conspiring to possess, distribute, manufacture,
cultivate, transfer, use, or sell a controlled substance or
counterfeit substance.
(c) The license of a person shall also be suspended upon conviction
in another jurisdiction for any offense described in subsections (b)(1),
(b)(2), (b)(3), (b)(4), and (b)(5), except if property damage is less than
two hundred dollars ($200), the bureau may determine whether the
driver's license and certificates of registration and license plates shall
be suspended or revoked. The license of a person shall also be
suspended upon conviction in another jurisdiction for any offense
described in subsection (b)(6).
(d) A suspension or revocation remains in effect and a new or
renewal license may not be issued to the person and a motor vehicle
may not be registered in the name of the person as follows:
(1) Except as provided in subdivisions (2), and (3), (4), and (5),
for six (6) months from the date of conviction or on the date on
which the person is otherwise eligible for a license, whichever is
later. Except as provided in IC 35-48-4-15, this includes a person
convicted of a crime for which the person's license is suspended
or revoked under subsection (b)(6).
(2) Upon conviction of an offense described in subsection (b)(1),
for a fixed period of not less than two (2) years and not more than
five (5) years, to be fixed by the bureau based upon
recommendation of the court entering a conviction. A new or
reinstated license may not be issued to the person unless that
person, within the three (3) years following the expiration of the
suspension or revocation, gives and maintains in force at all times
during the effective period of a new or reinstated license proof of
financial responsibility in the future in the manner specified in
this chapter. However, the liability of the insurance carrier under
a motor vehicle liability policy that is furnished for proof of
financial responsibility in the future as set out in this chapter
becomes absolute whenever loss or damage covered by the policy
occurs, and the satisfaction by the insured of a final judgment for
loss or damage is not a condition precedent to the right or
obligation of the carrier to make payment on account of loss or
damage, but the insurance carrier has the right to settle a claim
covered by the policy. If the settlement is made in good faith, the
amount shall be deductive from the limits of liability specified in
the policy. A policy may not be canceled or annulled with respect
to a loss or damage by an agreement between the carrier and the
insured after the insured has become responsible for the loss or
damage, and a cancellation or annulment is void. The policy may
provide that the insured or any other person covered by the policy
shall reimburse the insurance carrier for payment made on
account of any loss or damage claim or suit involving a breach of
the terms, provisions, or conditions of the policy. If the policy
provides for limits in excess of the limits specified in this chapter,
the insurance carrier may plead against any plaintiff, with respect
to the amount of the excess limits of liability, any defenses that
the carrier may be entitled to plead against the insured. The policy
may further provide for prorating of the insurance with other
applicable valid and collectible insurance. An action does not lie
against the insurance carrier by or on behalf of any claimant under
the policy until a final judgment has been obtained after actual
trial by or on behalf of any claimant under the policy.
(3) For the period ordered by a court under IC 35-48-4-15.
(4) If the person is convicted of a felony involving the use of a
motor vehicle under IC 35-44-3-3(b) and the person:
(A) exceeded the speed limit by at least twenty (20) miles
per hour;
(B) committed criminal recklessness with a vehicle
(IC 35-42-2-2); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b);
while committing the felony, for one (1) year after the date the
person was convicted, if the person was not sentenced to a
term of incarceration, or for one (1) year after the date the
person was released from incarceration, if the person was
sentenced to a term of incarceration. The convicted person
has the burden of applying for a new or renewal license and
establishing that the one (1) year period described in this
subdivision has elapsed.
(5) If the person is convicted of a felony involving the use of a
motor vehicle under IC 35-44-3-3(b), the person:
(A) exceeded the speed limit by at least twenty (20) miles
per hour;
(B) committed criminal recklessness with a vehicle
(IC 35-42-2-2); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b);
while committing the felony, and the person has a prior
unrelated conviction for a felony under IC 35-44-3-3(b), for
two (2) years after the date the person was convicted, if the
person was not sentenced to a term of incarceration, or for
two (2) years after the date the person was released from
incarceration, if the person was sentenced to a term of
incarceration. The convicted person has the burden of
applying for a new or renewal license and establishing that
the two (2) year period described in this subdivision has
elapsed.
(e) The bureau may take action as required in this section upon
receiving satisfactory evidence of a conviction of a person in another
state.
(f) For the purpose of this chapter, "conviction" includes any of the
following:
(1) A conviction upon a plea of guilty.
(2) A determination of guilt by a jury or court, even if:
(A) no sentence is imposed; or
(B) a sentence is suspended.
(3) A forfeiture of bail, bond, or collateral deposited to secure the
defendant's appearance for trial, unless the forfeiture is vacated.
(4) A payment of money as a penalty or as costs in accordance
with an agreement between a moving traffic violator and a traffic
violations bureau.
(g) A suspension or revocation under this section or under
IC 9-25-6-8 stands pending appeal of the conviction to a higher court
and may be set aside or modified only upon the receipt by the bureau
of the certificate of the court reversing or modifying the judgment that
the cause has been reversed or modified. However, if the suspension or
revocation follows a conviction in a court of no record in Indiana, the
suspension or revocation is stayed pending appeal of the conviction to
a court of record.
(h) A person aggrieved by an order or act of the bureau under this
section or IC 9-25-6-8 may file a petition for a court review.
(1) forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the authorized service or execution of a civil or criminal process or order of a court; or
(3) flees from a law enforcement officer after the officer has, by visible or audible means, including operation of the law enforcement officer's siren or emergency lights, identified himself
or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except as
provided in subsection (b).
(b) The offense under subsection (a) is a:
(1) Class D felony if:
(A) the offense is described in subsection (a)(3) and the person
uses a vehicle to commit the offense; or
(B) while committing any offense described in subsection (a),
the person draws or uses a deadly weapon, inflicts bodily
injury on or otherwise causes bodily injury to another person,
or operates a vehicle in a manner that creates a substantial risk
of bodily injury to another person;
(2) Class C felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes serious bodily injury to another person; and
(3) Class B felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death of another person.
(c) For purposes of this section, a law enforcement officer includes
an enforcement officer of the alcohol and tobacco commission and a
conservation officer of the department of natural resources.
(d) If a person uses a vehicle to commit a felony offense under
subsection (b)(1)(B), (b)(2), or (b)(3), as part of the criminal penalty
imposed for the offense, the court shall impose a minimum executed
sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1) prior
unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior unrelated
convictions under this section.
(e) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, the mandatory
minimum sentence imposed under subsection (d) may not be
suspended.
(f) If a person is convicted of an offense involving the use of a
motor vehicle under subsection:
(1) (b)(1)(A), if the person exceeded the speed limit by at least
twenty (20) miles per hour while committing the offense;
(2) (b)(2); or
(3) (b)(3);
the court may notify the bureau of motor vehicles to suspend or
revoke the person's driver's license and all certificates of
registration and license plates issued or registered in the person's
name in accordance with IC 9-30-4-6(b)(3) for the period described
in IC 9-30-4-6(d)(4) or IC 9-30-4-6(d)(5). The court shall inform
the bureau whether the person has been sentenced to a term of
incarceration. At the time of conviction, the court may obtain the
person's current driver's license and return the license to the
bureau of motor vehicles.