Bill Text: IN SB0399 | 2010 | Regular Session | Enrolled
Bill Title: Fines for moving violations.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2010-03-25 - Sections 9 through 18 effective 07/01/2010 [SB0399 Detail]
Download: Indiana-2010-SB0399-Enrolled.html
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AN ACT to amend the Indiana Code concerning motor vehicles.
(b) The dealer shall file the affidavit secured under subsection (a) with the bureau upon receiving the affidavit and shall retain a copy of the affidavit with the records of the dealer.
(c) The bureau shall retain an affidavit regarding flood damage to the vehicle submitted to the bureau by a dealer under this section.
(d) Submission of a fraudulent affidavit under subsection (a) will subject the affiant to civil liability for all damages incurred by a dealer subsequent purchaser or transferee of the title, including reasonable attorney's fees and court costs (including fees).
(b) Changes of venue from the judge or from the county must be granted a party under the law governing changes of venue in civil
causes.
(c) A suspension or revocation under this title remains in full force
and effect during the pendency of a cause under this chapter and until
the issuance of the restricted driving permit by the bureau in
accordance with the recommendation of the court.
(d) Records accumulated in the regular course of business and
routinely on file in the offices of the prosecuting attorney of the county,
sheriff of the county, and bureau may be admitted at the hearing on the
petition. The records constitute prima facie evidence of the matters
contained on the face of the petition in relation to the petitioner.
(e) Court costs (including fees) for the action on the petition must
be charged against the petitioner. The prosecuting attorney of the
county is not liable or taxable for any costs (including fees) in any
action under this chapter.
(1) be verified by the petitioner;
(2) state the petitioner's age, date of birth, place of residence, and driver's license identification number;
(3) state the grounds for relief and the relief sought;
(4) be filed in the county in which the petitioner resides; and
(5) be filed in a circuit, superior, county, or municipal court.
(b) A summons in an action under this chapter shall be issued and served in the manner provided for civil actions. The prosecuting attorney of the county in which the petition is filed and the bureau shall be served with the summons and a copy of the petition.
(c) In an action under this chapter, the petitioner must bear the burden of proof by a preponderance of the evidence to prevail.
(d) IC 9-30-3-15 and the rules of trial procedure apply in a proceeding under this chapter. However, a responsive pleading is not required when a petition for review has been filed, and a person is not entitled to a change of venue from the county.
(e) The prosecuting attorney of the county in which the petition is filed shall represent the state in relation with the bureau.
(f) Court costs (including fees) shall be assessed and paid by the petitioner at the time of filing in an amount equal to the costs (including fees) assessed in the enforcement of infractions. However, a petitioner who has the petitioner's driving privileges reinstated under section 8 of this chapter is entitled to a refund of all costs paid.
JULY 1, 2010]: Sec. 12. (a) If during any twelve (12) month period a
person has committed moving traffic violations for which the person
has:
(1) been convicted of at least two (2) traffic misdemeanors;
(2) had at least two (2) traffic judgments entered against the
person; or
(3) been convicted of at least one (1) traffic misdemeanor and has
had at least one (1) traffic judgment entered against the person;
the bureau may require the person to attend and satisfactorily complete
a defensive driving school program. The person shall pay all applicable
fees required by the bureau.
(b) This subsection applies to an individual who holds a
probationary license under IC 9-24-11-3 or IC 9-24-11-3.3 or is less
than eighteen (18) years of age. An individual is required to attend and
satisfactorily complete a defensive driving school program if either of
the following occurs at least twice or if both of the following have
occurred when the individual was less than eighteen (18) years of age:
(1) The individual has been convicted of a moving traffic offense
(as defined in section 14(a) of this chapter), other than an offense
that solely involves motor vehicle equipment.
(2) The individual has been the operator of a motor vehicle
involved in an accident for which a report is required to be filed
under IC 9-26-2.
The individual shall pay all applicable fees required by the bureau.
(c) The bureau may suspend the driving license of any person who:
(1) fails to attend a defensive driving school program; or
(2) fails to satisfactorily complete a defensive driving school
program;
as required by this section.
(d) Notwithstanding IC 33-37-4-2, any court may suspend one-half
(1/2) of each applicable court cost (including fees) for which a person
is liable due to a traffic violation if the person enrolls in and completes
a defensive driving school or a similar school conducted by an agency
of the state or local government.
(b) The costs imposed by this article include fees.
(b) A judgment of up to one thousand dollars ($1,000) may be entered for a violation constituting a Class B infraction.
(c) Except as provided in subsection (f), a judgment of up to five hundred dollars ($500) may be entered for a violation constituting a Class C infraction.
(d) A judgment of up to twenty-five dollars ($25) may be entered for a violation constituting a Class D infraction.
(e) Subject to section 1(i) of this chapter, a judgment:
(1) up to the amount requested in the complaint; and
(2) not exceeding any limitation under IC 36-1-3-8;
may be entered for an ordinance violation.
(f) Except as provided in subsections (g) and (h), a person who has admitted to a moving violation constituting a Class C infraction, pleaded nolo contendere to a moving violation constituting a Class C infraction, or has been found by a court to have committed a moving violation constituting a Class C infraction may not be required to pay more than the following amounts for the violation:
(1) If, before the appearance date specified in the summons and complaint, the person mails or delivers an admission of the moving violation or a plea of nolo contendere to the moving violation, the person may not be required to pay any amount, except court costs and a judgment that does not exceed thirty-five dollars and fifty cents ($35.50).
(2) If the person admits the moving violation or enters a plea of nolo contendere to the moving violation on the appearance date specified in the summons and complaint, the person may not be required to pay any amount, except court costs and a judgment that does not exceed thirty-five dollars and fifty
cents ($35.50).
(3) If the person contests the moving violation in court and is
found to have committed the moving violation, the person
may not be required to pay any amount, except:
(A) court costs and a judgment that does not exceed
thirty-five dollars and fifty cents ($35.50) if, in the five (5)
years before the appearance date specified in the summons
and complaint, the person was not found by a court in the
county to have committed a moving violation;
(B) court costs and a judgment that does not exceed two
hundred fifty dollars and fifty cents ($250.50) if, in the five
(5) years before the appearance date specified in the
summons and complaint, the person was found by a court
in the county to have committed one (1) moving violation;
and
(C) court costs and a judgment that does not exceed five
hundred dollars ($500) if, in the five (5) years before the
appearance date specified in the summons and complaint,
the person was found by a court in the county to have
committed two (2) or more moving violations.
In a proceeding under subdivision (3), the court may require the
person to submit an affidavit or sworn testimony concerning
whether, in the five (5) years before the appearance date specified
in the summons and complaint, the person has been found by a
court to have committed one (1) or more moving violations.
(g) The amounts described in subsection (f) are in addition to
any amount that a person may be required to pay for attending a
defensive driving school program.
(h) This subsection applies only to infraction judgments imposed
in Marion County for traffic violations after December 31, 2010.
Subsection (f) applies to an infraction judgment described in this
subsection. However, a court shall impose a judgment of not less
than thirty-five dollars ($35) for an infraction judgment that is
entered in Marion County. These funds shall be transferred to a
dedicated fund in accordance with section 5 of this chapter.
person's liability for costs for all but one (1) of the violations. This
subsection does not apply to judgments entered for violations
constituting:
(1) Class D infractions; or
(2) Class C infractions for unlawfully parking in a space reserved
for a person with a physical disability under IC 5-16-9-5 or
IC 5-16-9-8.
(b) If a judgment is entered:
(1) for a violation constituting:
(A) a Class D infraction; or
(B) a Class C infraction for unlawfully parking in a space
reserved for a person with a physical disability under
IC 5-16-9-5 or IC 5-16-9-8; or
(2) in favor of the defendant in any case;
the defendant is not liable for costs.
(c) Except for costs, and except as provided in subsection (e) and
IC 9-21-5-11(e), the funds collected as judgments for violations of
statutes defining infractions shall be deposited in the state general fund.
(d) A judgment may be entered against a defendant under this
section or section 4 of this chapter upon a finding by the court that the
defendant:
(1) violated:
(A) a statute defining an infraction; or
(B) an ordinance; or
(2) consents to entry of judgment for the plaintiff upon a pleading
of nolo contendere for a moving traffic violation.
(e) The funds collected under for an infraction judgment
described in section 4(f) 4(h) of this chapter for infraction judgments
imposed in Marion County for traffic violations shall be transferred to
a dedicated county fund. The money in the dedicated county fund does
not revert to the county general fund or state general fund and may be
used, after appropriation by the county fiscal body, only for the
following purposes:
(1) To pay compensation of commissioners appointed under
IC 33-33-49.
(2) To pay costs of the county's guardian ad litem program.
(1) has a civil cause of action against a person who intercepts, discloses, uses, or procures another person to intercept, disclose,
or use a communication in violation of this article; and
(2) is entitled to recover from that person the following:
(A) The greater of:
(i) actual damages;
(ii) liquidated damages computed at a rate of one hundred
dollars ($100) each day for each day of violation; or
(iii) one thousand dollars ($1,000).
(B) Court costs (including fees).
(C) Punitive damages, when determined to be appropriate by
the court.
(D) Reasonable attorney's fees.
(b) A good faith reliance on a warrant or an extension issued under
this article constitutes a complete defense to a civil action brought
under this section.
(c) A person described in IC 34-46-4-1 has an affirmative defense
under this section if the person was unaware that the communication
was intercepted in violation of this article and:
(1) has not intercepted the communication;
(2) has not procured another person to intercept or disclose the
communication; and
(3) has used a communication for the purpose of assisting the
person to independently confirm information contained in a
communication.
(d) An action under this section must be brought within two (2)
years after the date that the interception, disclosure, or use of a
communication in violation of this article initially occurs whichever is
later.
(1) the person has violated a condition of probation during the probationary period; and
(2) the petition to revoke probation is filed during the probationary period or before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the violation.
(b) When a petition is filed charging a violation of a condition of probation, the court may:
(1) order a summons to be issued to the person to appear; or
(2) order a warrant for the person's arrest if there is a risk of the person's fleeing the jurisdiction or causing harm to others.
(c) The issuance of a summons or warrant tolls the period of probation until the final determination of the charge.
(d) The court shall conduct a hearing concerning the alleged violation. The court may admit the person to bail pending the hearing.
(e) The state must prove the violation by a preponderance of the evidence. The evidence shall be presented in open court. The person is entitled to confrontation, cross-examination, and representation by counsel.
(f) Probation may not be revoked for failure to comply with conditions of a sentence that imposes financial obligations on the person unless the person recklessly, knowingly, or intentionally fails to pay.
(g) If the court finds that the person has violated a condition at any time before termination of the period, and the petition to revoke is filed within the probationary period, the court may impose one (1) or more of the following sanctions:
(1) Continue the person on probation, with or without modifying or enlarging the conditions.
(2) Extend the person's probationary period for not more than one (1) year beyond the original probationary period.
(3) Order execution of all or part of the sentence that was suspended at the time of initial sentencing.
(h) If the court finds that the person has violated a condition of home detention at any time before termination of the period, and the petition to revoke probation is filed within the probationary period, the court shall:
(1) order one (1) or more sanctions as set forth in subsection (g); and
(2) provide credit for time served as set forth under IC 35-38-2.5-5.
(i) If the court finds that the person has violated a condition during any time before the termination of the period, and the petition is filed under subsection (a) after the probationary period has expired, the court may:
(1) reinstate the person's probationary period, with or without enlarging the conditions, if the sum of the length of the original probationary period and the reinstated probationary period does not exceed the length of the maximum sentence allowable for the offense that is the basis of the probation; or
(2) order execution of all or part of the sentence that was suspended at the time of the initial sentencing.
(j) If the court finds that the person has violated a condition of home detention during any time before termination of the period, and the petition is filed under subsection (a) after the probation period has expired, the court shall:
(1) order a sanction as set forth in subsection (i); and
(2) provide credit for time served as set forth under IC 35-38-2.5-5.
(k) A judgment revoking probation is a final appealable order.
(l) Failure to pay fines or costs (including fees) required as a condition of probation may not be the sole basis for commitment to the department of correction.
(m) Failure to pay fees or costs assessed against a person under IC 33-40-3-6, IC 33-37-2-3(e), or IC 35-33-7-6 is not grounds for revocation of probation.
(b) The judgment must include:
(1) the crime for which the convicted person is adjudged guilty and the classification of the criminal offense;
(2) the period, if any, for which the person is rendered incapable of holding any office of trust or profit;
(3) the amount of the fines or costs (including fees) assessed, if any, whether or not the convicted person is indigent, and the method by which the fines or costs (including fees) are to be satisfied;
(4) the amount of credit, including credit time earned, for time
spent in confinement before sentencing; and
(5) the amount to be credited toward payment of the fines or costs
(including fees) for time spent in confinement before sentencing.
(c) The judgment may specify the degree of security recommended
by the court.
(d) A term of imprisonment begins on the date sentence is imposed,
unless execution of the sentence is stayed according to law.
(1) the punishment is to be death; or
(2) the judgment is for a fine and costs (including fees) only, in which case the execution of the sentence may be stayed by an order of the court.
(b) If the punishment is to be imprisonment and a fine and costs (including fees), the execution of the sentence as to the fine and costs (including fees) only may be stayed by the court.
(c) In the case of an appeal from a judgment in a capital case, the order of suspension must specify the day until which the execution of the sentence is stayed.
(b) Recovery of a fine, costs (including fees), or forfeiture from a corporation, limited liability company, partnership, or unincorporated association is limited to the property of the corporation, limited liability company, partnership, or unincorporated association.
(1) has a civil cause of action against the person convicted of the offense; and
(2) may recover the following from the person in the civil action:
(A) Actual damages.
(B) Court costs (including fees).
(C) Punitive damages, when determined to be appropriate by the court.
(D) Reasonable attorney's fees.
(b) An action under this section must be brought not more than two (2) years after the date the person is convicted of the offense under section 1 of this chapter.
(b) A person or an entity that is the victim of an offense under this chapter may, in a civil action brought in the circuit or superior court in the county in which the person who committed the offense under this chapter was convicted, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expense, court costs (including fees), and attorney's fees.
(1) if the county in which a criminal proceeding was filed adopts an ordinance under IC 36-2-13-15; and
(2) to a person who is sentenced under this article for a felony or a misdemeanor.
(b) At the time the court imposes a sentence, the court may order the person to execute a reimbursement plan as directed by the court and make repayments under the plan to the county for the costs described in IC 36-2-13-15.
(c) The court shall fix an amount under this section that:
(1) may not exceed an amount the person can or will be able to pay;
(2) does not harm the person's ability to reasonably be self-supporting or to reasonably support any dependent of the person; and
(3) takes into consideration and gives priority to any other restitution, reparation, repayment, costs (including fees), fine, or child support obligations the person is required to pay.
(d) When an order is issued under this section, the issuing court shall send a certified copy of the order to the clerk of the circuit court in the county where the felony or misdemeanor charge was filed. Upon receiving the order, the clerk shall enter and index the order in the circuit court judgment docket in the manner prescribed by IC 33-32-3-2.
(e) An order under this section is not discharged:
(1) by the completion of a sentence imposed for a felony or misdemeanor; or
(2) by the liquidation of a person's estate by a receiver under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, and IC 34-48-6 before their repeal).
(b) This SECTION expires January 2, 2011.
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