Sec. 15.1. (a) An individual who is liable for a reinstatement fee imposed under section 15 of this chapter may file a petition for waiver of part or all of the reinstatement fee in a criminal court of record in the person’s county of residence.

     (b) The clerk of the court shall forward a copy of the petition to the prosecuting attorney of the county and to the bureau. The prosecuting attorney may appear and be heard on the petition.

Terms Used In Indiana Code 9-25-6-15.1

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
     (c) The bureau is not a party in a proceeding under this chapter.

     (d) Upon its own motion, or upon a petition filed by an individual under this section, a court may waive part or all of a reinstatement fee imposed under section 15 of this chapter if the court finds that:

(1) the individual who owes the fee:

(A) is indigent; and

(B) has presented proof of future financial responsibility; and

(2) waiver of part or all of the fee is appropriate in light of the individual’s character and the circumstances surrounding the suspension.

     (e) If a court waives part or all of a reinstatement fee under this section for an individual, the court may impose other reasonable conditions on the individual.

     (f) If a court waives part or all of a reinstatement fee under this section, the clerk shall forward a copy of the court’s order to the bureau.

[Pre-2016 Revision Citations: 9-29-10-2; subsection (d) formerly 9-29-10-3.]

As added by P.L.198-2016, SEC.544. Amended by P.L.178-2019, SEC.57.

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