CHAPTER 16. IDENTIFICATION CARDS FOR NONDRIVERS
IC 9-24-16
Chapter 16. Identification Cards for Nondrivers
IC 9-24-16-1
Issuance; conditions; documentary evidence of status of legal
presence in the United States
Sec. 1. The bureau shall issue an identification card to an
individual who meets the following conditions:
(1) Makes an application.
(2) Is a resident of Indiana.
(3) Has presented valid documentary evidence to the bureau of
the individual's legal status in the United States, as required by
section 3.5 of this chapter.
As added by P.L.2-1991, SEC.12. Amended by P.L.127-1993, SEC.4;
P.L.184-2007, SEC.47.
IC 9-24-16-2
Application; conditions; required information; temporary
invalidation for fraudulent documentation; address confidentiality
program participants
Sec. 2. (a) Before January 1, 2008, an application for an
identification card issued under this chapter must meet the following
conditions:
(1) Made upon an approved form provided by the bureau, which
shall include the mailing address, and if different from the
mailing address, the residence address of the applicant.
(2) Verified by the applicant before a person authorized to
administer oaths and affirmations.
(b) Except as provided in subsection (e), after December 31, 2007,
an application for an identification card issued under this chapter
must require the following information concerning an applicant:
(1) The full legal name of the applicant.
(2) The applicant's date of birth.
(3) The gender of the applicant.
(4) The applicant's height, weight, hair color, and eye color.
(5) The principal address and mailing address of the applicant.
(6) A:
(A) valid Social Security number; or
(B) verification of an applicant's:
(i) ineligibility to be issued a Social Security number; and
(ii) identity and lawful status.
The bureau shall maintain records of the information provided under
subdivisions (1) through (6).
(c) The bureau may temporarily invalidate an identification card
that it believes to have been issued as a result of fraudulent
documentation.
(d) The bureau:
(1) shall adopt rules under IC 4-22-2 to establish a procedure to
verify an applicant's identity and lawful status; and
(2) may adopt rules to establish a procedure to temporarily
invalidate an identification card that it believes to have been
issued based on fraudulent documentation.
(e) For purposes of subsection (b), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the individual's principal address
and mailing address, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the individual's
principal address and mailing address.
As added by P.L.2-1991, SEC.12. Amended by P.L.39-2000, SEC.14;
P.L.184-2007, SEC.48.
IC 9-24-16-3
Appearance and contents; digital photograph; medical condition
designation; acceptance for federal purposes; identification card
issued to certain individuals temporary; address confidentiality
program participants
Sec. 3. (a) An identification card must have the same dimensions
and shape as a driver's license, but the card must have markings
sufficient to distinguish the card from a driver's license.
(b) Except as provided in subsection (g), the front side of an
identification card must contain the expiration date of the
identification card and the following information about the individual
to whom the card is being issued:
(1) Full legal name.
(2) The address of the principal residence.
(3) Date of birth.
(4) Date of issue and date of expiration.
(5) Unique identification number.
(6) Gender.
(7) Weight.
(8) Height.
(9) Color of eyes and hair.
(10) Reproduction of the signature of the individual identified.
(11) Whether the individual is blind (as defined in
IC 12-7-2-21(1)).
(12) If the individual is less than eighteen (18) years of age at
the time of issuance, the dates on which the individual will
become:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(13) If the individual is at least eighteen (18) years of age but
less than twenty-one (21) years of age at the time of issuance,
the date on which the individual will become twenty-one (21)
years of age.
(14) Digital photograph of the individual.
(c) The information contained on the identification card as
required by subsection (b)(12) or (b)(13) for an individual who is
less than twenty-one (21) years of age at the time of issuance shall be
printed prominently on the permit or license.
(d) If the applicant for an identification card submits information
to the bureau concerning the applicant's medical condition, the
bureau shall place an identifying symbol on the face of the
identification card to indicate that the applicant has a medical
condition of note. The bureau shall include information on the
identification card that briefly describes the medical condition of the
holder of the card. The information must be printed in a manner that
alerts a person reading the card to the existence of the medical
condition. The applicant for an identification card is responsible for
the accuracy of the information concerning the medical condition
submitted under this subsection. The bureau shall inform an
applicant that submission of information under this subsection is
voluntary.
(e) An identification card issued by the state that does not require
a digital photograph must include a statement that the identification
card may not be accepted by any federal agency for federal
identification or any other federal purpose.
(f) An identification card issued by the state to an individual who:
(1) has a valid, unexpired nonimmigrant visa or has
nonimmigrant visa status for entry in the United States;
(2) has a pending application for asylum in the United States;
(3) has a pending or approved application for temporary
protected status in the United States;
(4) has approved deferred action status; or
(5) has a pending application for adjustment of status to that of
an alien lawfully admitted for permanent residence in the
United States or conditional permanent residence status in the
United States;
must be clearly identified as a temporary identification card. A
temporary identification card issued under this subsection may not
be renewed without the presentation of valid documentary evidence
proving that the holder of the identification card's temporary status
has been extended.
(g) For purposes of subsection (b), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the address of the individual's
principal residence, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the address of the
individual's principal residence.
As added by P.L.2-1991, SEC.12. Amended by P.L.2-1992, SEC.88;
P.L.39-2000, SEC.15; P.L.42-2001, SEC.2; P.L.176-2001, SEC.16;
P.L.1-2002, SEC.47; P.L.34-2003, SEC.3; P.L.86-2005, SEC.2;
P.L.123-2005, SEC.4; P.L.37-2006, SEC.2; P.L.184-2007, SEC.49;
P.L.76-2009, SEC.9; P.L.162-2009, SEC.7.
IC 9-24-16-3.5
Documentary evidence; status of legal presence in the United
States; Social Security number
Sec. 3.5. In addition to the information required for the applicant
for an identification card under section 3 of this chapter, the bureau
shall require an applicant to present to the bureau:
(1) valid documentary evidence that the applicant:
(A) is a citizen or national of the United States;
(B) is an alien lawfully admitted for permanent residence in
the United States;
(C) has conditional permanent resident status in the United
States;
(D) has an approved application for asylum in the United
States or has entered into the United States in refugee status;
(E) is an alien lawfully admitted for temporary residence in
the United States;
(F) has a valid unexpired nonimmigrant visa or
nonimmigrant visa status for entry into the United States;
(G) has a pending application for asylum in the United
States;
(H) has a pending or approved application for temporary
protected status in the United States;
(I) has approved deferred action status; or
(J) has a pending application for adjustment of status to that
of an alien lawfully admitted for permanent residence in the
United States or conditional permanent resident status in the
United States; and
(2) evidence of the Social Security number of the applicant. If
federal law prohibits the issuance of a Social Security number
to the applicant, the applicant must provide verification of the
applicant's ineligibility to be issued a Social Security number.
As added by P.L.184-2007, SEC.50. Amended by P.L.76-2009,
SEC.10; P.L.162-2009, SEC.8.
IC 9-24-16-4
Expiration
Sec. 4. (a) Except as provided in subsection (b), an identification
card issued:
(1) before January 1, 2006, expires on the fourth birthday of the
applicant following the date of issue; and
(2) after December 31, 2005, expires at midnight of the birthday
of the holder that occurs six (6) years following the date of
issuance.
(b) An identification card issued under this article after December
31, 2007, to an applicant who complies with section 3.5(1)(E)
through 3.5(1)(J) of this chapter expires:
(1) at midnight one (1) year after issuance, if there is no
expiration date on the authorization granted to the individual to
remain in the United States; or
(2) if there is an expiration date on the authorization granted to
the individual to remain in the United States, the earlier of the
following:
(A) At midnight of the date the authorization of the holder
to be a legal permanent resident or conditional resident alien
of the United States expires.
(B) At midnight of the birthday of the holder that occurs six
(6) years after the date of issuance.
As added by P.L.2-1991, SEC.12. Amended by P.L.210-2005,
SEC.47; P.L.184-2007, SEC.51; P.L.76-2009, SEC.11;
P.L.162-2009, SEC.9.
IC 9-24-16-4.5
Renewal or duplicate identification card by electronic service
Sec. 4.5. (a) The bureau may adopt rules under IC 4-22-2
concerning the ability of an individual to renew an identification card
under section 5 of this chapter or apply for a duplicate identification
card under section 6, 8, or 9 of this chapter by electronic service. If
rules are adopted under this subsection, the rules must provide that
an individual's renewal or duplication of an identification card by
electronic service is subject to the following conditions:
(1) A valid computerized image or digital photograph of the
individual must exist within the records of the bureau.
(2) The individual must be a citizen of the United States, as
shown in the records of the bureau.
(b) An individual applying for:
(1) the renewal of an identification card; or
(2) a duplicate identification card;
must apply in person at a license branch if the individual is not
entitled to apply by mail or by electronic service under rules adopted
under subsection (a).
As added by P.L.87-2010, SEC.34.
IC 9-24-16-5
Renewal; expiration of renewed identification card of individuals
present in United States with certain status
Sec. 5. (a) An application for renewal of an identification card
may be made not more than twelve (12) months before the expiration
date of the card. However, when the applicant complies with section
3.5(1)(E) through 3.5(1)(J) of this chapter, an application for renewal
of an identification card may be filed not more than one (1) month
before the expiration date of the identification card held by the
applicant. A renewal application received after the date of expiration
is considered to be a new application.
(b) Except as provided in subsection (e), a renewed card is valid
on the birth date of the holder and remains valid for six (6) years.
(c) If renewal has not been made within six (6) months after
expiration, the bureau shall destroy all records pertaining to the
former cardholder.
(d) Renewal may not be granted if the cardholder was issued a
driver's license subsequent to the last issuance of an identification
card.
(e) A renewed identification card issued under this article after
December 31, 2007, to an applicant who complies with section
3.5(1)(E) through 3.5(1)(J) of this chapter expires:
(1) at midnight one (1) year after issuance, if there is no
expiration date on the authorization granted to the individual to
remain in the United States; or
(2) if there is an expiration date on the authorization granted to
the individual to remain in the United States, the earlier of the
following:
(A) At midnight of the date the authorization of the holder
to be a legal permanent resident or conditional resident alien
of the United States expires.
(B) At midnight of the birthday of the holder that occurs six
(6) years after the date of issuance.
As added by P.L.2-1991, SEC.12. Amended by P.L.176-2001,
SEC.17; P.L.210-2005, SEC.48; P.L.184-2007, SEC.52;
P.L.76-2009, SEC.12; P.L.162-2009, SEC.10; P.L.87-2010, SEC.35.
IC 9-24-16-6
Duplicate card; conditions
Sec. 6. The bureau shall issue a duplicate identification card if any
of the following conditions exist:
(1) Any information contained on the card becomes invalid or
obsolete.
(2) The card is lost, stolen, damaged, or destroyed.
As added by P.L.2-1991, SEC.12.
IC 9-24-16-7
Invalid or obsolete information; application for duplicate card
Sec. 7. If information on an identification card becomes invalid or
obsolete, the holder shall, within thirty (30) days, apply for a
duplicate card containing correct information.
As added by P.L.2-1991, SEC.12.
IC 9-24-16-8
Lost or stolen cards; notification of bureau; issuance of duplicate
card
Sec. 8. If an identification card is lost or stolen, the holder shall,
within twenty-four (24) hours, contact the nearest branch of the
bureau. The bureau shall issue a duplicate card.
As added by P.L.2-1991, SEC.12.
IC 9-24-16-9
Destroyed or damaged cards; application for duplicate card
Sec. 9. If an identification card is destroyed or damaged, the
holder shall, within ten (10) days from the time the card was
destroyed or damaged, apply for a duplicate card.
As added by P.L.2-1991, SEC.12.
IC 9-24-16-10
Rules for implementation; no fee for issuance of identification card
for proof of identification for voter
Sec. 10. (a) The bureau may adopt rules under IC 4-22-2 and
prescribe all forms necessary to implement this chapter. However,
the bureau may not impose a fee for the issuance of:
(1) an original;
(2) a renewal of an; or
(3) a duplicate;
identification card to an individual described in subsection (b).
(b) An identification card must be issued without the payment of
a fee or charge to an individual who:
(1) does not have a valid Indiana driver's license; and
(2) will be at least eighteen (18) years of age at the next general,
municipal, or special election.
As added by P.L.2-1991, SEC.12. Amended by P.L.109-2005,
SEC.15.
IC 9-24-16-11
Civil responsibility; disclaimer
Sec. 11. The commissioner and the employees or agents of the
bureau are not civilly responsible for the validity of information
contained on an identification card issued under this chapter. The
bureau may adopt rules to place an appropriate disclaimer on an
identification card.
As added by P.L.2-1991, SEC.12.
IC 9-24-16-11.4
Identification card acceptability for purposes of identification
Sec. 11.4. A person, a business, a financial institution, or an
organization that accepts a driver's license issued under this article
as identification of the person who holds the license shall accept an
identification card issued under this chapter as identification of the
person who holds the card.
As added by P.L.81-1991, SEC.9.
IC 9-24-16-11.6
Identification card use to identify holder as operator of motor
vehicle
Sec. 11.6. An identification card issued under this chapter may not
be used to identify the person who holds the identification card as the
operator of a motor vehicle.
As added by P.L.81-1991, SEC.10.
IC 9-24-16-12
Misuse of card; use of false information; inauthentic cards
Sec. 12. (a) A person who:
(1) knowingly permits the use of an identification card issued
under this chapter by a person other than the person to whom
the card was issued;
(2) knowingly displays or represents as the person's own
identification card issued under this chapter an identification
card that was not issued to the person displaying the card;
(3) does not surrender, upon demand of the proper official, an
identification card issued under this chapter that has become
invalid or expired; or
(4) knowingly sells, offers to sell, buys, possesses, or offers a
false identification card that could reasonably be mistaken for
a valid identification card required by this chapter to be issued
by the bureau but that has not been issued by the bureau;
commits a Class B misdemeanor.
(b) A person who:
(1) knowingly or intentionally uses false information in an
application:
(A) for an identification card issued under this chapter; or
(B) for a renewal or duplicate of an identification card issued
under this chapter; or
(2) knowingly or intentionally makes a false statement or
otherwise commits fraud in an application for an identification
card issued under this chapter;
commits application fraud, a Class D felony.
As added by P.L.2-1991, SEC.12. Amended by P.L.98-1996, SEC.1;
P.L.106-2006, SEC.1.
IC 9-24-16-13
Forgery of cards
Sec. 13. A person who forges or reproduces an identification card
issued under this chapter:
(1) with intent to use the card; or
(2) so that the card may be used by another person;
commits a Class B misdemeanor.
As added by P.L.2-1991, SEC.12.