H.E.A. 1305, P.L. 188-2015
Effective: July 1, 2015
Raises the penalty for reckless driving resulting in bodily injury from a Class B misdemeanor to a Class A misdemeanor. Reduces the penalty for reckless driving resulting in property damage from a Class B misdemeanor to a Class C misdemeanor. Provides that simultaneous possession of an out-of-state driver’s license or identification card and an Indiana driver’s license or identification card is a Class C infraction. Provides that counterfeit reproduction of a driver’s license is a Class B misdemeanor.
Imposes penalties for failing to change lanes or slow a vehicle when approaching certain stationary vehicles that display alternately flashing amber lights.
Provides that a driver’s license or vehicle registration, or both, may be suspended once for each failure to provide proof of financial responsibility. Requires motorists to contact a 911 telephone operator following a vehicular collision resulting in injury or death. Provides that failure to render assistance to injured or entrapped victims of a vehicular collision is a Class C misdemeanor for certain persons.
Provides that a driver’s license suspension originating from another jurisdiction prohibits the receipt of specialized driving privileges. Makes other changes to statutes concerning vehicle titles and disposal facilities.
Establishes that felonies codified in IC 9 are qualifying offenses for habitual traffic violator status. Provides that felony offenses requiring the operation of a vehicle as a material element of a crime are qualifying offenses for habitual traffic violator status. Precludes an individual from being adjudicated a habitual traffic violator more than once for the same underlying offenses.
Allows individuals to declare habitual traffic violator status by petitioning a court. Prohibits a driver’s license suspension or lifetime forfeiture for operating a vehicle while driving privileges are suspended or in violation of a license restriction. Provides that, at the request of a defendant, the court may find habitual traffic violator status by a preponderance of the evidence. Requires the prosecuting attorney of the county in which a petition for reinstatement of driving privileges is filed to represent the state. Allows holders of commercial driving licenses to seek specialized driving privileges. Creates the habitual vehicle substance offender enhancement. Establishes who is eligible for specialized driving privileges. Makes unreasonably obstructing traffic a Class C infraction and obstructing traffic with the intent to do so a Class B misdemeanor.
Places specific criminal penalties in corresponding sections. Repeals language that applies criminal penalties to an entire chapter. Removes the felony enhancement for selling a rebuilt vehicle without written notice. Permits a person who has held a learner’s permit to obtain specialized driving privileges. Requires vehicles on specified multilane roads to change lanes to permit an overtaking vehicle to pass, with certain exceptions. Specifies the conditions under which a person’s driver’s license, permit, or driving privileges may be suspended, the duration of the suspension, and whether the person may receive specialized driving privileges.
The full law is available at: http://iga.in.gov/legislative/2015/bills/house/1305