1. (a) Except as provided in subsection (b), a law enforcement officer may not arrest or issue a traffic information and summons to a person for a violation of an Indiana law regulating the use and operation of a motor vehicle on a highway or an ordinance of a city or town regulating the use and operation of a motor vehicle on a highway unless at the time of the arrest the officer is:

   1. (1) wearing a distinctive uniform and a badge of authority; or

   2. (2) operating a motor vehicle that is clearly marked as a police vehicle;

      that will clearly show the officer or the officer's vehicle to casual observations to be an officer or a police vehicle.

2. (b) Subsection (a) does not apply to an officer in an unmarked police vehicle making an arrest or issuing a traffic information and summons:

   1. (1) when there is a uniformed officer present at the time of the arrest; or

   2. (2) for a violation of one (1) or more of the following:

      1. (A) IC 9-21-8-52 (a)(1)(A) (reckless driving causing endangerment).
      2. (B) IC 9-21-8-52 (b) as a Level 6 felony (recklessly passing a stopped school bus resulting in bodily injury).
      3. (C) IC 9-21-8-52 (b) as a Level 5 felony (recklessly passing a stopped school bus resulting in death).

      4. (D) IC 9-30-5-2 (b) as a Class A misdemeanor (operating while intoxicated in a manner that endangers a person).

         [Pre-1991 Recodification Citation: 9-4-8-1.]

As added by P.L.2-1991, SEC.18. Amended by P.L.198-2016, SEC.592; P.L.164-2018, SEC.18; P.L.144-2019, SEC.11.