Suspension of child's driving privileges; reinstatement;
probationary privileges; termination
Sec. 17.3. (a) This section applies if a child is a delinquent child
under IC 31-37-1 due to the commission of a delinquent act that, if
committed by an adult, would be an offense under IC 9-30-5.
(b) The juvenile court shall, in addition to any other order or
decree the court makes under this chapter, recommend the
suspension of the child's driving privileges as provided in IC 9-30-5.
If a court recommends suspension of a child's driving privileges
under this section, the bureau of motor vehicles shall comply with
the recommendation of suspension as provided in IC 9-30-6-12.
(c) If a court recommends suspension of a child's driving
privileges under this section, the court may order the bureau of motor
vehicles to reinstate the child's driving privileges as provided in
IC 9-30-6-11.
(d) If a juvenile court orders the bureau of motor vehicles to
reinstate a child's driving privileges under subsection (c), the bureau
shall comply with the order. Unless the order for reinstatement is
issued as provided under IC 9-30-6-11(a)(2) because of a violation
of the speedy trial provisions applicable to the juvenile court, the
bureau shall also do the following:
(1) Remove any record of the suspension from the bureau's
record keeping system.
(2) Reinstate the privileges without cost to the person.
(e) If:
(1) a juvenile court recommends suspension of a child's driving
privileges under this section; and
(2) the child did not refuse to submit to a chemical test offered
as provided under IC 9-30-6-2 during the investigation of the
delinquent act that would be an offense under IC 9-30-5 if
committed by an adult;
the juvenile court may stay the execution of the suspension of the
child's driving privileges and grant the child probationary driving
privileges for one hundred eighty (180) days.
(f) If a juvenile court orders a suspension under this section and
the child did not refuse to submit to a chemical test offered under
IC 9-30-6-2 during the investigation of the delinquent act that would
have been an offense under IC 9-30-5 if committed by an adult, the
juvenile court may grant the child probationary driving privileges for
one hundred eighty (180) days in conformity with the procedures in
IC 9-30-5-12. The standards and procedures in IC 9-30-5-11 and
IC 9-30-5-13 apply to an action under this subsection.
(g) A child whose driving privileges are suspended under this
section is entitled to credit for any days during which the license was
suspended under IC 31-37-5-7, if the child did not refuse to submit
to a chemical test offered as provided under IC 9-30-6-2 during the
investigation of the delinquent act that would be an offense under
IC 9-30-5 if committed by an adult.
(h) A period of suspension of driving privileges imposed under
this section must be consecutive to any period of suspension imposed
under IC 31-37-5-7. However, if the juvenile court finds in the
sentencing order that it is in the best interest of society, the juvenile
court may terminate all or any part of the remaining suspension
under IC 31-37-5-7.
(i) The bureau of motor vehicles may adopt rules under IC 4-22-2
to carry out this section.
As added by P.L.32-2000, SEC.22.
Last modified: May 24, 2006