Bill Text: IN SB0397 | 2013 | Regular Session | Introduced
Bill Title: Restricted access to driving records.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-10 - First reading: referred to Committee on Corrections & Criminal Law [SB0397 Detail]
Download: Indiana-2013-SB0397-Introduced.html
Introduced Version
SENATE BILL No. 397
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-38-8.
Synopsis: Restricted access to driving records. Provides that a person
who is convicted of certain traffic violations may petition a sentencing
court to restrict access to the person's driving record in the same
manner in which the court may restrict access to criminal records.
Effective: July 1, 2013.
Taylor
January 10, 2013, read first time and referred to Committee on Corrections & Criminal
Law.
Introduced
First Regular Session 118th General Assembly (2013)
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
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
SENATE BILL No. 397
A BILL FOR AN ACT to amend the Indiana Code concerning
driving records.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-38-8-0.5; (13)IN0397.1.1. -->
SECTION 1. IC 35-38-8-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 0.5. As used in this chapter, "driving record" has the
meaning set forth in IC 9-13-2-48.5.
SOURCE: IC 35-38-8-3; (13)IN0397.1.2. -->
SECTION 2. IC 35-38-8-3, AS ADDED BY P.L.194-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. Eight (8) years after the date a person
completes the person's sentence and satisfies any other obligations
imposed on the person as a part of the sentence, the person may
petition a sentencing court to do the following:
(1) Order the state police department to restrict access to the records concerning the person's arrest and involvement in criminal or juvenile court proceedings.
(2) If the conviction or juvenile adjudication was for a traffic violation under IC 9, order the bureau of motor vehicles to restrict access to the part of the person's driving record concerning the traffic violation.
(1) Order the state police department to restrict access to the records concerning the person's arrest and involvement in criminal or juvenile court proceedings.
(2) If the conviction or juvenile adjudication was for a traffic violation under IC 9, order the bureau of motor vehicles to restrict access to the part of the person's driving record concerning the traffic violation.
SOURCE: IC 35-38-8-5; (13)IN0397.1.3. -->
SECTION 3. IC 35-38-8-5, AS ADDED BY P.L.194-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. If the court grants the petition of a person under
this chapter, the court shall do the following:
(1) Order:
(A) the department of correction;and
(B) each:
(i) law enforcement agency; and
(ii) other person;
who incarcerated, provided treatment for, or provided other services for the person under an order of the court; and
(C) if applicable, the bureau of motor vehicles;
to prohibit the release of the person's records or information relating to the misdemeanor, nonviolent Class D felony, or juvenile adjudication described in section 2 of this chapter, including the person's driving record, in the person's records to a noncriminal justice agency without a court order.
(2) Order any:
(A) state;
(B) regional; or
(C) local;
central repository for criminal history information to prohibit the release of the person's records or information relating to the misdemeanor, nonviolent Class D felony, or juvenile adjudication described in section 2 of this chapter, in the person's records to a noncriminal justice agency without a court order.
(1) Order:
(A) the department of correction;
(B) each:
(i) law enforcement agency; and
(ii) other person;
who incarcerated, provided treatment for, or provided other services for the person under an order of the court; and
(C) if applicable, the bureau of motor vehicles;
to prohibit the release of the person's records or information relating to the misdemeanor, nonviolent Class D felony, or juvenile adjudication described in section 2 of this chapter, including the person's driving record, in the person's records to a noncriminal justice agency without a court order.
(2) Order any:
(A) state;
(B) regional; or
(C) local;
central repository for criminal history information to prohibit the release of the person's records or information relating to the misdemeanor, nonviolent Class D felony, or juvenile adjudication described in section 2 of this chapter, in the person's records to a noncriminal justice agency without a court order.
SOURCE: IC 35-38-8-6; (13)IN0397.1.4. -->
SECTION 4. IC 35-38-8-6, AS ADDED BY P.L.194-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. (a) If a person whose records are restricted
under this chapter brings a civil action that might be defended with the
contents of the records, the defendant is presumed to have a complete
defense to the action.
(b) For the plaintiff to recover in an action described in subsection (a), the plaintiff must show that the contents of the restricted records would not exonerate the defendant.
(c) In an action described in subsection (a), the plaintiff may be required to state under oath whether:
(1) the plaintiff had:
(A) records in the criminal justice system; and
(B) if applicable, a driving record with the bureau of motor vehicles; and
(2) those records were restricted.
(d) In an action described in subsection (a), if the plaintiff denies the existence of the records, the defendant may prove the existence of the records in any manner compatible with the law of evidence.
(b) For the plaintiff to recover in an action described in subsection (a), the plaintiff must show that the contents of the restricted records would not exonerate the defendant.
(c) In an action described in subsection (a), the plaintiff may be required to state under oath whether:
(1) the plaintiff had:
(A) records in the criminal justice system; and
(B) if applicable, a driving record with the bureau of motor vehicles; and
(2) those records were restricted.
(d) In an action described in subsection (a), if the plaintiff denies the existence of the records, the defendant may prove the existence of the records in any manner compatible with the law of evidence.
