Sec. 1. (a) After the bureau receives:

(1) a certified abstract under IC 9-30-13-0.5 of the record of conviction of a person for a violation of a law relating to motor vehicles;

Terms Used In Indiana Code 9-25-9-1

  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) a judgment or an abstract under IC 9-30-3-11 of a case resulting in a conviction, judgment, or forfeiture of security deposit; or

(3) a judgment, abstract, or other court order indicating the conviction of a person for a violation of a law relating to motor vehicles;

the bureau shall determine whether the bureau is required under subsection (b) to send to the person named in the judgment, abstract, or other court order a request for evidence of financial responsibility.

     (b) Except as provided in subsection (c), the bureau shall send a request for evidence of financial responsibility to a person referred to in subsection (a) if at least one (1) of the following applies to the person:

(1) The judgment, abstract, or other court order referred to in subsection (a) reports that the person committed a moving traffic violation for which points are assessed by the bureau under the point system, and, during a twelve (12) month period including the date of the violation referred to in the judgment, abstract, or other court order, the person committed at least two (2) additional moving traffic violations for which points are assessed by the bureau under the point system.

(2) The judgment, abstract, or other court order referred to in subsection (a) reports that the person was convicted of:

(A) a misdemeanor; or

(B) a felony;

involving a motor vehicle.

(3) The judgment, abstract, or other court order referred to in subsection (a) reports that the person committed a moving traffic violation for which points are assessed by the bureau under the point system and the driving privileges of the person were previously suspended for violation of the financial responsibility requirements of IC 9-25.

     (c) The bureau shall not request evidence of financial responsibility under subsection (b) if the information required under subsection (a) indicates that the underlying offense occurred more than five (5) years prior to the date the bureau receives the information required under subsection (a).

     (d) The expungement or other removal from a person’s record of an underlying judgment or conviction for which the bureau sends to the person a request for evidence of financial responsibility under this section does not alter or otherwise affect a penalty imposed by the bureau on the person for the person’s failure to provide evidence of financial responsibility under this article.

As added by P.L.59-1994, SEC.10. Amended by P.L.94-1997, SEC.5; P.L.125-2012, SEC.283; P.L.59-2013, SEC.32; P.L.149-2015, SEC.74; P.L.111-2021, SEC.83.