Driving privileges

The Senate Corrections and Criminal Law Committee heard HB 1199 sponsored by Sen. Messmer and Sen. M. Young regarding driving privileges. Author Rep. McNamara presented the bill which provides that:

  • the bureau of motor vehicles (bureau) shall stay a suspension of a person’s driving privileges, and terminate that suspension, upon a showing of proof of future financial responsibility;
  • the bureau terminate a suspension of a person’s driving privileges if the bureau does not receive proof that financial responsibility is not in effect after 180 days;
  • a suspension may be stayed and then terminated if a person fails to pay the judgment;
  • a warrant may be issued for failing to appear in a traffic violation case only if the charge is a misdemeanor or a felony;
  • a person whose support obligation is enforced by the Title IV-D agency may have the obligor’s driving privileges reinstated;
  • that the bureau shall place in forbearance license reinstatement fees of individuals who: (1) are nonviolent offenders; (2) have completed a criminal sentence or are serving terms of probation or parole; and (3) are enrolled in job training or maintain consistent employment for at least three years following completion of job training;
  • the bureau shall waive all reinstatement fees and reinstate the driving privileges of an individual who has had reinstatement fees placed in forbearance after the individual maintains consistent employment for at least three years;
  • the bureau, in collaboration with the department of correction, shall administer programs and activities to facilitate the reinstatement of driving privileges for convicted offenders not later than July 1, 2021; and
  • the traffic amnesty program shall be extended for one year to permit certain persons owing unpaid traffic fines, or who may be required to pay a fee for reinstatement of driving privileges, to obtain a reduction in the amount owed or amount payable.

The bill was amended by consent to clarify that those with suspended driving privileges must provide proof of future financial responsibility and that when said proof is provided within the required period, the driver is not required to pay a reinstatement fee in order to have his or her driving privileges reinstated.

The Indiana Public Defender Council, Department of Correction, Indiana Prosecuting Attorneys Council, and the Bureau of Motor Vehicles testified in support of the bill. The amended bill passed 9-0.

Read the bill at: http://www.iga.in.gov/legislative/2021/bills/house/1199