Text of IN SB 180 (2015)

Introduced Version SENATE BILL No. 180 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 5-2-1-9; IC 10-13-3; IC 11-8-8-1.8; IC 34-6-2-21; IC 34-24-5; IC 35-31.5-2-27.7; IC 35-42; IC 35-43; IC 35-45. Synopsis: Bias motivated offenses. Provides that a bias motivated crime is an offense in which the person who committed the offense intentionally: (1) selected the person who was injured; or (2) damaged or otherwise affected property; by the offense because of the actual or perceived color, creed, disability, national origin, race, religion, sexual orientation, gender, or gender identity of the injured person or of the owner or occupant of the affected property. Enhances the penalties for the following offenses one level if the offense is a bias motivated crime: (1) Battery. (2) Aggravated battery. (3) Strangulation. (4) Kidnapping. (5) Criminal confinement. (6) Robbery. (7) Arson. (8) Criminal mischief. (9) Burglary. (10) Residential entry. (11) Criminal trespass. (12) Theft. (13) Criminal conversion. (14) Intimidation. (15) Harassment. (16) Stalking. Requires law enforcement officers to receive training in identifying, responding to, and reporting bias motivated crimes. Amends the law that requires law enforcement agencies to collect and report information concerning bias motivated crimes. Allows an individual who suffers a personal injury or property damage to bring a civil action to recover damages, including punitive damages, if the person who committed the act that caused the injury or property damage selected the individual because of the individual's actual or perceived color, creed, disability, national origin, race, religion, sexual orientation, gender, or gender identity. Effective: July 1, 2015. Taylor January 6, 2015, read first time and referred to Committee on Corrections & Criminal Law. 2015 IN 180—LS 6221/DI 69 Introduced First Regular Session 119th General Assembly (2015) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2014 Regular Session and 2014 Second Regular Technical Session of the General Assembly. SENATE BILL No. 180 A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 5-2-1-9, AS AMENDED BY P.L.164-2014, 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2015]: Sec. 9. (a) The board shall adopt in accordance with 4 IC 4-22-2 all necessary rules to carry out the provisions of this chapter. 5 The rules, which shall be adopted only after necessary and proper 6 investigation and inquiry by the board, shall include the establishment 7 of the following: 8 (1) Minimum standards of physical, educational, mental, and 9 moral fitness which shall govern the acceptance of any person for 10 training by any law enforcement training school or academy 11 meeting or exceeding the minimum standards established 12 pursuant to this chapter. 13 (2) Minimum standards for law enforcement training schools 14 administered by towns, cities, counties, law enforcement training 15 centers, agencies, or departments of the state. 16 (3) Minimum standards for courses of study, attendance 2015 IN 180—LS 6221/DI 69 2 1 requirements, equipment, and facilities for approved town, city, 2 county, and state law enforcement officer, police reserve officer, 3 and conservation reserve officer training schools. 4 (4) Minimum standards for a course of study on cultural diversity 5 awareness, including training on the U nonimmigrant visa created 6 through the federal Victims of Trafficking and Violence 7 Protection Act of 2000 (P.L. 106-386) that must be required for 8 each person accepted for training at a law enforcement training 9 school or academy. Cultural diversity awareness study must 10 include an understanding of cultural issues related to race, 11 religion, gender, age, domestic violence, national origin, and 12 physical and mental disabilities. 13 (5) Minimum qualifications for instructors at approved law 14 enforcement training schools. 15 (6) Minimum basic training requirements which law enforcement 16 officers appointed to probationary terms shall complete before 17 being eligible for continued or permanent employment. 18 (7) Minimum basic training requirements which law enforcement 19 officers appointed on other than a permanent basis shall complete 20 in order to be eligible for continued employment or permanent 21 appointment. 22 (8) Minimum basic training requirements which law enforcement 23 officers appointed on a permanent basis shall complete in order 24 to be eligible for continued employment. 25 (9) Minimum basic training requirements for each person 26 accepted for training at a law enforcement training school or 27 academy that include six (6) hours of training in interacting with: 28 (A) persons with autism, mental illness, addictive disorders, 29 mental retardation, and developmental disabilities; 30 (B) missing endangered adults (as defined in IC 12-7-2-131.3); 31 and 32 (C) persons with Alzheimer's disease or related senile 33 dementia; 34 to be provided by persons approved by the secretary of family and 35 social services and the board. 36 (10) Minimum standards for a course of study on human and 37 sexual trafficking that must be required for each person accepted 38 for training at a law enforcement training school or academy and 39 for inservice training programs for law enforcement officers. The 40 course must cover the following topics: 41 (A) Examination of the human and sexual trafficking laws 42 (IC 35-42-3.5). 2015 IN 180—LS 6221/DI 69 3 1 (B) Identification of human and sexual trafficking. 2 (C) Communicating with traumatized persons. 3 (D) Therapeutically appropriate investigative techniques. 4 (E) Collaboration with federal law enforcement officials. 5 (F) Rights of and protections afforded to victims. 6 (G) Providing documentation that satisfies the Declaration of 7 Law Enforcement Officer for Victim of Trafficking in Persons 8 (Form I-914, Supplement B) requirements established under 9 federal law. 10 (H) The availability of community resources to assist human 11 and sexual trafficking victims. 12 (b) A law enforcement officer appointed after July 5, 1972, and 13 before July 1, 1993, may not enforce the laws or ordinances of the state 14 or any political subdivision unless the officer has, within one (1) year 15 from the date of appointment, successfully completed the minimum 16 basic training requirements established under this chapter by the board. 17 If a person fails to successfully complete the basic training 18 requirements within one (1) year from the date of employment, the 19 officer may not perform any of the duties of a law enforcement officer 20 involving control or direction of members of the public or exercising 21 the power of arrest until the officer has successfully completed the 22 training requirements. This subsection does not apply to any law 23 enforcement officer appointed before July 6, 1972, or after June 30, 24 1993. 25 (c) Military leave or other authorized leave of absence from law 26 enforcement duty during the first year of employment after July 6, 27 1972, shall toll the running of the first year, which shall be calculated 28 by the aggregate of the time before and after the leave, for the purposes 29 of this chapter. 30 (d) Except as provided in subsections (e), (l), (r), and (s), a law 31 enforcement officer appointed to a law enforcement department or 32 agency after June 30, 1993, may not: 33 (1) make an arrest; 34 (2) conduct a search or a seizure of a person or property; or 35 (3) carry a firearm; 36 unless the law enforcement officer successfully completes, at a board 37 certified law enforcement academy or at a law enforcement training 38 center under section 10.5 or 15.2 of this chapter, the basic training 39 requirements established by the board under this chapter. 40 (e) This subsection does not apply to: 41 (1) a gaming agent employed as a law enforcement officer by the 42 Indiana gaming commission; or 2015 IN 180—LS 6221/DI 69 4 1 (2) an: 2 (A) attorney; or 3 (B) investigator; 4 designated by the securities commissioner as a police officer of 5 the state under IC 23-19-6-1(k). 6 Before a law enforcement officer appointed after June 30, 1993, 7 completes the basic training requirements, the law enforcement officer 8 may exercise the police powers described in subsection (d) if the 9 officer successfully completes the pre-basic course established in 10 subsection (f). Successful completion of the pre-basic course authorizes 11 a law enforcement officer to exercise the police powers described in 12 subsection (d) for one (1) year after the date the law enforcement 13 officer is appointed. 14 (f) The board shall adopt rules under IC 4-22-2 to establish a 15 pre-basic course for the purpose of training: 16 (1) law enforcement officers; 17 (2) police reserve officers (as described in IC 36-8-3-20); and 18 (3) conservation reserve officers (as described in IC 14-9-8-27); 19 regarding the subjects of arrest, search and seizure, the lawful use of 20 force, interacting with individuals with autism, and the operation of an 21 emergency vehicle. The pre-basic course must be offered on a periodic 22 basis throughout the year at regional sites statewide. The pre-basic 23 course must consist of at least forty (40) hours of course work. The 24 board may prepare the classroom part of the pre-basic course using 25 available technology in conjunction with live instruction. The board 26 shall provide the course material, the instructors, and the facilities at 27 the regional sites throughout the state that are used for the pre-basic 28 course. In addition, the board may certify pre-basic courses that may be 29 conducted by other public or private training entities, including 30 postsecondary educational institutions. 31 (g) The board shall adopt rules under IC 4-22-2 to establish a 32 mandatory inservice training program for police officers. After June 30, 33 1993, a law enforcement officer who has satisfactorily completed basic 34 training and has been appointed to a law enforcement department or 35 agency on either a full-time or part-time basis is not eligible for 36 continued employment unless the officer satisfactorily completes the 37 mandatory inservice training requirements established by rules adopted 38 by the board. Inservice training must include training in interacting 39 with persons with mental illness, addictive disorders, mental 40 retardation, autism, developmental disabilities, and Alzheimer's disease 41 or related senile dementia, to be provided by persons approved by the 42 secretary of family and social services and the board, and training 2015 IN 180—LS 6221/DI 69 5 1 concerning human and sexual trafficking and high risk missing persons 2 (as defined in IC 5-2-17-1). The board may approve courses offered by 3 other public or private training entities, including postsecondary 4 educational institutions, as necessary in order to ensure the availability 5 of an adequate number of inservice training programs. The board may 6 waive an officer's inservice training requirements if the board 7 determines that the officer's reason for lacking the required amount of 8 inservice training hours is due to either of the following: 9 (1) An emergency situation. 10 (2) The unavailability of courses. 11 (h) The board shall also adopt rules establishing a town marshal 12 basic training program, subject to the following: 13 (1) The program must require fewer hours of instruction and class 14 attendance and fewer courses of study than are required for the 15 mandated basic training program. 16 (2) Certain parts of the course materials may be studied by a 17 candidate at the candidate's home in order to fulfill requirements 18 of the program. 19 (3) Law enforcement officers successfully completing the 20 requirements of the program are eligible for appointment only in 21 towns employing the town marshal system (IC 36-5-7) and having 22 not more than one (1) marshal and two (2) deputies. 23 (4) The limitation imposed by subdivision (3) does not apply to an 24 officer who has successfully completed the mandated basic 25 training program. 26 (5) The time limitations imposed by subsections (b) and (c) for 27 completing the training are also applicable to the town marshal 28 basic training program. 29 (6) The program must require training in interacting with 30 individuals with autism. 31 (i) The board shall adopt rules under IC 4-22-2 to establish an 32 executive training program. The executive training program must 33 include training in the following areas: 34 (1) Liability. 35 (2) Media relations. 36 (3) Accounting and administration. 37 (4) Discipline. 38 (5) Department policy making. 39 (6) Lawful use of force. 40 (7) Department programs. 41 (8) Emergency vehicle operation. 42 (9) Cultural diversity. 2015 IN 180—LS 6221/DI 69 6 1 (j) A police chief shall apply for admission to the executive training 2 program within two (2) months of the date the police chief initially 3 takes office. A police chief must successfully complete the executive 4 training program within six (6) months of the date the police chief 5 initially takes office. However, if space in the executive training 6 program is not available at a time that will allow completion of the 7 executive training program within six (6) months of the date the police 8 chief initially takes office, the police chief must successfully complete 9 the next available executive training program that is offered after the 10 police chief initially takes office. 11 (k) A police chief who fails to comply with subsection (j) may not 12 continue to serve as the police chief until completion of the executive 13 training program. For the purposes of this subsection and subsection 14 (j), "police chief" refers to: 15 (1) the police chief of any city; 16 (2) the police chief of any town having a metropolitan police 17 department; and 18 (3) the chief of a consolidated law enforcement department 19 established under IC 36-3-1-5.1. 20 A town marshal is not considered to be a police chief for these 21 purposes, but a town marshal may enroll in the executive training 22 program. 23 (l) A fire investigator in the division of fire and building safety 24 appointed after December 31, 1993, is required to comply with the 25 basic training standards established under this chapter. 26 (m) The board shall adopt rules under IC 4-22-2 to establish a 27 program to certify handgun safety courses, including courses offered 28 in the private sector, that meet standards approved by the board for 29 training probation officers in handgun safety as required by 30 IC 11-13-1-3.5(3). 31 (n) The board shall adopt rules under IC 4-22-2 to establish a 32 refresher course for an officer who: 33 (1) is hired by an Indiana law enforcement department or agency 34 as a law enforcement officer; 35 (2) has not been employed as a law enforcement officer for at 36 least two (2) years and less than six (6) years before the officer is 37 hired under subdivision (1) due to the officer's resignation or 38 retirement; and 39 (3) completed at any time a basic training course certified by the 40 board before the officer is hired under subdivision (1). 41 (o) The board shall adopt rules under IC 4-22-2 to establish a 42 refresher course for an officer who: 2015 IN 180—LS 6221/DI 69 7 1 (1) is hired by an Indiana law enforcement department or agency 2 as a law enforcement officer; 3 (2) has not been employed as a law enforcement officer for at 4 least six (6) years and less than ten (10) years before the officer 5 is hired under subdivision (1) due to the officer's resignation or 6 retirement; 7 (3) is hired under subdivision (1) in an upper level policymaking 8 position; and 9 (4) completed at any time a basic training course certified by the 10 board before the officer is hired under subdivision (1). 11 A refresher course established under this subsection may not exceed 12 one hundred twenty (120) hours of course work. All credit hours 13 received for successfully completing the police chief executive training 14 program under subsection (i) shall be applied toward the refresher 15 course credit hour requirements. 16 (p) Subject to subsection (q), an officer to whom subsection (n) or 17 (o) applies must successfully complete the refresher course described 18 in subsection (n) or (o) not later than six (6) months after the officer's 19 date of hire, or the officer loses the officer's powers of: 20 (1) arrest; 21 (2) search; and 22 (3) seizure. 23 (q) A law enforcement officer who has worked as a law enforcement 24 officer for less than twenty-five (25) years before being hired under 25 subsection (n)(1) or (o)(1) is not eligible to attend the refresher course 26 described in subsection (n) or (o) and must repeat the full basic training 27 course to regain law enforcement powers. However, a law enforcement 28 officer who has worked as a law enforcement officer for at least 29 twenty-five (25) years before being hired under subsection (n)(1) or 30 (o)(1) and who otherwise satisfies the requirements of subsection (n) 31 or (o) is not required to repeat the full basic training course to regain 32 law enforcement power but shall attend the refresher course described 33 in subsection (n) or (o) and the pre-basic training course established 34 under subsection (f). 35 (r) This subsection applies only to a gaming agent employed as a 36 law enforcement officer by the Indiana gaming commission. A gaming 37 agent appointed after June 30, 2005, may exercise the police powers 38 described in subsection (d) if: 39 (1) the agent successfully completes the pre-basic course 40 established in subsection (f); and 41 (2) the agent successfully completes any other training courses 42 established by the Indiana gaming commission in conjunction 2015 IN 180—LS 6221/DI 69 8 1 with the board. 2 (s) This subsection applies only to a securities enforcement officer 3 designated as a law enforcement officer by the securities 4 commissioner. A securities enforcement officer may exercise the police 5 powers described in subsection (d) if: 6 (1) the securities enforcement officer successfully completes the 7 pre-basic course established in subsection (f); and 8 (2) the securities enforcement officer successfully completes any 9 other training courses established by the securities commissioner 10 in conjunction with the board. 11 (t) As used in this section, "upper level policymaking position" 12 refers to the following: 13 (1) If the authorized size of the department or town marshal 14 system is not more than ten (10) members, the term refers to the 15 position held by the police chief or town marshal. 16 (2) If the authorized size of the department or town marshal 17 system is more than ten (10) members but less than fifty-one (51) 18 members, the term refers to: 19 (A) the position held by the police chief or town marshal; and 20 (B) each position held by the members of the police 21 department or town marshal system in the next rank and pay 22 grade immediately below the police chief or town marshal. 23 (3) If the authorized size of the department or town marshal 24 system is more than fifty (50) members, the term refers to: 25 (A) the position held by the police chief or town marshal; and 26 (B) each position held by the members of the police 27 department or town marshal system in the next two (2) ranks 28 and pay grades immediately below the police chief or town 29 marshal. 30 (u) This subsection applies only to a correctional police officer 31 employed by the department of correction. A correctional police officer 32 may exercise the police powers described in subsection (d) if: 33 (1) the officer successfully completes the pre-basic course 34 described in subsection (f); and 35 (2) the officer successfully completes any other training courses 36 established by the department of correction in conjunction with 37 the board. 38 (v) This subsection applies to the following: 39 (1) Minimum basic training program required under 40 subsection (d). 41 (2) Mandatory inservice training program required under 42 subsection (g). 2015 IN 180—LS 6221/DI 69 9 1 (3) Town marshal basic training program required under 2 subsection (h). 3 (4) Police chief executive training program required under 4 subsection (j). 5 (5) Any other training program for which the board adopts 6 standards. 7 After December 31, 2015, the standards adopted by the board for 8 each program described in this subsection must include 9 requirements for mandatory training in identifying, responding to, 10 and reporting bias motivated crimes in which the person who 11 committed the offense selected the victim who was injured or 12 whose property was damaged or otherwise affected because of the 13 actual or perceived color, creed, disability, national origin, race, 14 religion, sexual orientation, gender, or gender identity of the 15 victim. 16 SECTION 2. IC 10-13-3-1 IS AMENDED TO READ AS 17 FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 1. As used in this 18 chapter, "bias motivated crime" means an offense in which the person 19 who commits the offense knowingly or intentionally: 20 (1) selected the person who was injured; or 21 (2) damaged or otherwise affected property; 22 by the offense because of the color, creed, disability, national origin, 23 race, religion, or sexual orientation, gender, or gender identity of the 24 injured person or of the owner or occupant of the affected property or 25 because the injured person or owner or occupant of the affected 26 property was associated with any other recognizable group or 27 affiliation. 28 SECTION 3. IC 10-13-3-38 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 38. (a) A law 30 enforcement agency shall collect information concerning bias 31 motivated crimes. 32 (b) At least two (2) times each year, a law enforcement agency shall 33 submit information collected under subsection (a) to the Indiana central 34 repository for criminal history information. Information shall be 35 reported in the manner and form prescribed by the department. 36 (c) A law enforcement agency shall submit data regarding the 37 commission of bias motivated crimes to the Federal Bureau of 38 Investigation in accordance with guidelines established under 28 39 U.S.C. 534. 40 (c) (d) At least one (1) time each year, the Indiana central repository 41 for criminal history information shall submit a report that includes a 42 compilation of information obtained under subsection (b) to each law 2015 IN 180—LS 6221/DI 69 10 1 enforcement agency and to the legislative council. A report submitted 2 to a law enforcement agency and the legislative council under this 3 subsection may not contain the name of a person who: 4 (1) committed or allegedly committed a bias motivated crime; or 5 (2) was the victim or the alleged victim of a bias motivated 6 crime. 7 A report submitted to the legislative council under this subsection must 8 be in an electronic format under IC 5-14-6. 9 (d) (e) Except as provided in subsection (e), subsections (c) and (f), 10 information collected, submitted, and reported under this section must 11 be consistent with guidelines established for the acquisition, 12 preservation, and exchange of identification records and information 13 by: 14 (1) the Attorney General of the United States; or 15 (2) the Federal Bureau of Investigation; 16 under 28 U.S.C. 534 and the Hate Crime Statistics Act, as amended (28 17 U.S.C. 534 note). 18 (e) (f) Information submitted under subsection (b) and reports 19 issued under subsection (c) (d) shall, in conformity with guidelines 20 prescribed by the department, 21 (1) be separated in reports on the basis of whether it is an alleged 22 crime, a charged crime, or a crime for which a conviction has 23 been obtained. and 24 (2) be divided in reports on the basis of whether, in the opinion of 25 the reporting individual and the data collectors, bias was the 26 primary motivation for the crime or only incidental to the crime. 27 SECTION 4. IC 11-8-8-1.8, AS ADDED BY P.L.119-2008, 28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 29 JULY 1, 2015]: Sec. 1.8. As used in this chapter, "social networking 30 web site username" means an identifier or profile that allows a person 31 to create, use, or modify a social networking web site, as defined in 32 IC 35-42-4-12. IC 35-31.5-2-307. 33 SECTION 5. IC 34-6-2-21 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 21. (a) "Child", for 35 purposes of IC 34-23-2, has the meaning set forth in IC 34-23-2. 36 (b) "Child", for purposes of IC 34-30-11, includes a child of any 37 age. 38 (c) "Child", for purposes of IC 34-24-5 and IC 34-31-4, means an 39 unemancipated person who is less than eighteen (18) years of age. 40 SECTION 6. IC 34-24-5 IS ADDED TO THE INDIANA CODE AS 41 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 42 1, 2015]: 2015 IN 180—LS 6221/DI 69 11 1 Chapter 5. Civil Action for Victims of Bias Motivated Acts 2 Sec. 1. This chapter applies only to causes of action that accrue 3 after June 30, 2015. 4 Sec. 2. As used in this chapter, "bias motivated offender" means 5 a person: 6 (1) who: 7 (A) committed an act that injured an individual; and 8 (B) selected the individual as the victim of the act because 9 of the actual or perceived color, creed, disability, national 10 origin, race, religion, sexual orientation, gender, or gender 11 identity of the victim; or 12 (2) who: 13 (A) committed an act that damaged or otherwise affected 14 property; and 15 (B) damaged or otherwise affected the property because of 16 the actual or perceived color, creed, disability, national 17 origin, race, religion, sexual orientation, gender, or gender 18 identity of the individual who owned or occupied the 19 property. 20 Sec. 3. If an individual suffers a pecuniary loss because of the 21 commission of an act by a bias motivated offender, the individual 22 may bring a civil action against the person who caused the loss. 23 Sec. 4. An individual bringing an action under section 3 of this 24 chapter may seek to recover the following: 25 (1) Actual, compensatory, and consequential damages, 26 including damages for emotional distress. 27 (2) Punitive damages. 28 (3) The costs of the action. 29 (4) Reasonable attorney's fees. 30 Sec. 5. Notwithstanding IC 34-31-4, a parent or guardian of a 31 child is liable for damages awarded under this chapter if: 32 (1) the child is a bias motived offender liable for damages 33 awarded under this chapter; 34 (2) the parent or guardian has custody of the child; and 35 (3) the child is living with the parent or guardian. 36 Sec. 6. This chapter does not limit a person's rights or remedies 37 under any other state or federal law. 38 SECTION 7. IC 35-31.5-2-27.7 IS ADDED TO THE INDIANA 39 CODE AS A NEW SECTION TO READ AS FOLLOWS 40 [EFFECTIVE JULY 1, 2015]: Sec. 27.7. "Bias motivated crime" 41 means an offense in which the person who committed the offense 42 intentionally: 2015 IN 180—LS 6221/DI 69 12 1 (1) selected the person who was injured by the offense; or 2 (2) damaged or otherwise affected property by the offense; 3 because of the actual or perceived color, creed, disability, national 4 origin, race, religion, sexual orientation, gender, or gender identity 5 of the injured person or of the owner or occupant of the affected 6 property. 7 SECTION 8. IC 35-42-2-1, AS AMENDED BY P.L.147-2014, 8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 9 JULY 1, 2015]: Sec. 1. (a) As used in this section, "public safety 10 official" means: 11 (1) a law enforcement officer, including an alcoholic beverage 12 enforcement officer; 13 (2) an employee of a penal facility or a juvenile detention facility 14 (as defined in IC 31-9-2-71); 15 (3) an employee of the department of correction; 16 (4) a probation officer; 17 (5) a parole officer; 18 (6) a community corrections worker; 19 (7) a home detention officer; 20 (8) a department of child services employee; 21 (9) a firefighter; 22 (10) an emergency medical services provider; or 23 (11) a judicial officer. 24 (b) Except as provided in subsections (c) through (j), a person who 25 knowingly or intentionally: 26 (1) touches another person in a rude, insolent, or angry manner; 27 or 28 (2) in a rude, insolent, or angry manner places any bodily fluid or 29 waste on another person; 30 commits battery, a Class B misdemeanor. 31 (c) The offense described in subsection (b)(1) or (b)(2) is a Class A 32 misdemeanor if it: 33 (1) results in bodily injury to any other person; or 34 (2) is a bias motivated crime. 35 (d) The offense described in subsection (b)(1) or (b)(2) is a Level 6 36 felony if one (1) or more of the following apply: 37 (1) The offense results in moderate bodily injury to any other 38 person. 39 (2) The offense is committed against a public safety official while 40 the official is engaged in the official's official duty. 41 (3) The offense is committed against a person less than fourteen 42 (14) years of age and is committed by a person at least eighteen 2015 IN 180—LS 6221/DI 69 13 1 (18) years of age. 2 (4) The offense is committed against a person of any age who has 3 a mental or physical disability and is committed by a person 4 having the care of the person with the mental or physical 5 disability, whether the care is assumed voluntarily or because of 6 a legal obligation. 7 (5) The offense is committed against an endangered adult (as 8 defined in IC 12-10-3-2). 9 (6) The offense is committed against a family or household 10 member (as defined in IC 35-31.5-2-128) if the person who 11 committed the offense: 12 (A) is at least eighteen (18) years of age; and 13 (B) committed the offense in the physical presence of a child 14 less than sixteen (16) years of age, knowing that the child was 15 present and might be able to see or hear the offense. 16 (e) The offense described in subsection (b)(2) is a Level 6 felony if 17 the person knew or recklessly failed to know that the bodily fluid or 18 waste placed on another person was infected with hepatitis, 19 tuberculosis, or human immunodeficiency virus. 20 (f) The offense described in subsection (b)(1) or (b)(2) is a Level 5 21 felony if one (1) or more of the following apply: 22 (1) The offense results in serious bodily injury to another person. 23 (2) The offense is committed with a deadly weapon. 24 (3) The offense results in bodily injury to a pregnant woman if the 25 person knew of the pregnancy. 26 (4) The person has a previous conviction for battery against the 27 same victim. 28 (5) The offense results in bodily injury to one (1) or more of the 29 following: 30 (A) A public safety official while the official is engaged in the 31 official's official duties. 32 (B) A person less than fourteen (14) years of age if the offense 33 is committed by a person at least eighteen (18) years of age. 34 (C) A person who has a mental or physical disability if the 35 offense is committed by an individual having care of the 36 person with the disability, regardless of whether the care is 37 assumed voluntarily or because of a legal obligation. 38 (D) An endangered adult (as defined in IC 12-10-3-2). 39 (g) The offense described in subsection (b)(2) is a Level 5 felony if: 40 (1) the person knew or recklessly failed to know that the bodily 41 fluid or waste placed on another person was infected with 42 hepatitis, tuberculosis, or human immunodeficiency virus; and 2015 IN 180—LS 6221/DI 69 14 1 (2) the person placed the bodily fluid or waste on a public safety 2 official. 3 (h) The offense described in subsection (b)(1) or (b)(2) is a Level 4 4 felony if it results in serious bodily injury to an endangered adult (as 5 defined in IC 12-10-3-2). 6 (i) The offense described in subsection (b)(1) or (b)(2) is a Level 3 7 felony if it results in serious bodily injury to a person less than fourteen 8 (14) years of age if the offense is committed by a person at least 9 eighteen (18) years of age. 10 (j) The offense described in subsection (b)(1) or (b)(2) is a Level 2 11 felony if it results in the death of one (1) or more of the following: 12 (1) A person less than fourteen (14) years of age if the offense is 13 committed by a person at least eighteen (18) years of age. 14 (2) An endangered adult (as defined in IC 12-10-3-2). 15 SECTION 9. IC 35-42-2-1.5, AS AMENDED BY P.L.158-2013, 16 SECTION 422, IS AMENDED TO READ AS FOLLOWS 17 [EFFECTIVE JULY 1, 2015]: Sec. 1.5. A person who knowingly or 18 intentionally inflicts injury on a person that creates a substantial risk of 19 death or causes: 20 (1) serious permanent disfigurement; 21 (2) protracted loss or impairment of the function of a bodily 22 member or organ; or 23 (3) the loss of a fetus; 24 commits aggravated battery, a Level 3 felony. However, the offense is 25 a Level 2 felony if it is a bias motivated crime and a Level 1 felony 26 if it results in the death of a child less than fourteen (14) years of age 27 and is committed by a person at least eighteen (18) years of age. 28 SECTION 10. IC 35-42-2-9, AS AMENDED BY P.L.158-2013, 29 SECTION 432, IS AMENDED TO READ AS FOLLOWS 30 [EFFECTIVE JULY 1, 2015]: Sec. 9. (a) This section does not apply 31 to a medical procedure. 32 (b) A person who, in a rude, angry, or insolent manner, knowingly 33 or intentionally: 34 (1) applies pressure to the throat or neck of another person; or 35 (2) obstructs the nose or mouth of the another person; 36 in a manner that impedes the normal breathing or the blood circulation 37 of the other person commits strangulation, a Level 6 felony. 38 (c) The offense under subsection (b) is a Level 5 felony if it is a 39 bias motivated crime. 40 SECTION 11. IC 35-42-3-2, AS AMENDED BY P.L.158-2013, 41 SECTION 433, IS AMENDED TO READ AS FOLLOWS 42 [EFFECTIVE JULY 1, 2015]: Sec. 2. (a) A person who knowingly or 2015 IN 180—LS 6221/DI 69 15 1 intentionally removes another person, by fraud, enticement, force, or 2 threat of force, from one place to another commits kidnapping. Except 3 as provided in subsection (b), the offense of kidnapping is a Level 6 4 felony. 5 (b) The offense described in subsection (a) is: 6 (1) a Level 5 felony if: 7 (A) the person removed is less than fourteen (14) years of age 8 and is not the removing person's child; 9 (B) it is committed by using a vehicle; or 10 (C) it results in bodily injury to a person other than the 11 removing person; or 12 (D) it is a bias motivated crime; 13 (2) a Level 3 felony if it: 14 (A) is committed while armed with a deadly weapon; 15 (B) results in serious bodily injury to a person other than the 16 removing person; or 17 (C) is committed on an aircraft; and 18 (3) a Level 2 felony if it is committed: 19 (A) with intent to obtain ransom; 20 (B) while hijacking a vehicle; 21 (C) with intent to obtain the release, or intent to aid in the 22 escape, of any person from lawful incarceration; or 23 (D) with intent to use the person removed as a shield or 24 hostage. 25 SECTION 12. IC 35-42-3-3, AS AMENDED BY P.L.158-2013, 26 SECTION 434, IS AMENDED TO READ AS FOLLOWS 27 [EFFECTIVE JULY 1, 2015]: Sec. 3. (a) A person who knowingly or 28 intentionally confines another person without the other person's consent 29 commits criminal confinement. Except as provided in subsection (b), 30 the offense of criminal confinement is a Level 6 felony. 31 (b) The offense of criminal confinement defined in subsection (a) 32 is: 33 (1) a Level 5 felony if: 34 (A) the person confined is less than fourteen (14) years of age 35 and is not the confining person's child; 36 (B) it is committed by using a vehicle; or 37 (C) it results in bodily injury to a person other than the 38 confining person; or 39 (D) it is a bias motivated crime; 40 (2) a Level 3 felony if it: 41 (A) is committed while armed with a deadly weapon; 42 (B) results in serious bodily injury to a person other than the 2015 IN 180—LS 6221/DI 69 16 1 confining person; or 2 (C) is committed on an aircraft; and 3 (3) a Level 2 felony if it is committed: 4 (A) with intent to obtain ransom; 5 (B) while hijacking a vehicle; 6 (C) with intent to obtain the release, or intent to aid in the 7 escape, of any person from lawful incarceration; or 8 (D) with intent to use the person confined as a shield or 9 hostage. 10 SECTION 13. IC 35-42-5-1, AS AMENDED BY P.L.158-2013, 11 SECTION 450, IS AMENDED TO READ AS FOLLOWS 12 [EFFECTIVE JULY 1, 2015]: Sec. 1. A person who knowingly or 13 intentionally takes property from another person or from the presence 14 of another person: 15 (1) by using or threatening the use of force on any person; or 16 (2) by putting any person in fear; 17 commits robbery, a Level 5 felony. However, the offense is a Level 4 18 felony if it is a bias motivated crime, a Level 3 felony if it is 19 committed while armed with a deadly weapon or results in bodily 20 injury to any person other than a defendant, and a Level 2 felony if it 21 results in serious bodily injury to any person other than a defendant. 22 SECTION 14. IC 35-43-1-1, AS AMENDED BY P.L.168-2014, 23 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 24 JULY 1, 2015]: Sec. 1. (a) A person who, by means of fire, explosive, 25 or destructive device, knowingly or intentionally damages: 26 (1) a dwelling of another person without the other person's 27 consent; 28 (2) property of any person under circumstances that endanger 29 human life; 30 (3) property of another person without the other person's consent 31 if the pecuniary loss is at least five thousand dollars ($5,000); or 32 (4) a structure used for religious worship without the consent of 33 the owner of the structure; 34 commits arson, a Level 4 felony. However, the offense is a Level 3 35 felony if it results in bodily injury to any person other than a defendant 36 or it is a bias motivated crime, and a Level 2 felony if it results in 37 serious bodily injury to any person other than a defendant. 38 (b) A person who commits arson for hire commits a Level 4 felony. 39 However, the offense is: 40 (1) a Level 3 felony if it results in bodily injury to any other 41 person; and 42 (2) a Level 2 felony if it results in serious bodily injury to any 2015 IN 180—LS 6221/DI 69 17 1 other person. 2 (c) A person who, by means of fire, explosive, or destructive device, 3 knowingly or intentionally damages property of any person with intent 4 to defraud commits arson, a Level 6 felony. 5 (d) A person who, by means of fire, explosive, or destructive device, 6 knowingly or intentionally damages property of another person without 7 the other person's consent so that the resulting pecuniary loss is at least 8 two hundred fifty dollars ($250) but less than five thousand dollars 9 ($5,000) commits arson, a Level 6 felony. 10 (e) A person who commits an offense under subsection (a), (b), (c), 11 or (d) commits a separate offense for each person who suffers a bodily 12 injury or serious bodily injury that is caused by the violation of 13 subsection (a), (b), (c), or (d). 14 SECTION 15. IC 35-43-1-2, AS AMENDED BY P.L.21-2014, 15 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 16 JULY 1, 2015]: Sec. 2. (a) A person who recklessly, knowingly, or 17 intentionally damages or defaces property of another person without 18 the other person's consent commits criminal mischief, a Class B 19 misdemeanor. However, the offense is: 20 (1) a Class A misdemeanor if: 21 (A) the pecuniary loss is at least seven hundred fifty dollars 22 ($750) but less than fifty thousand dollars ($50,000); or 23 (B) it is a bias motivated crime; and 24 (2) a Level 6 felony if: 25 (A) the pecuniary loss is at least fifty thousand dollars 26 ($50,000); 27 (B) the damage causes a substantial interruption or impairment 28 of utility service rendered to the public; 29 (C) the damage is to a public record; or 30 (D) the damage is to a law enforcement animal (as defined in 31 IC 35-46-3-4.5). 32 (b) A person who recklessly, knowingly, or intentionally damages: 33 (1) a structure used for religious worship; 34 (2) a school or community center; 35 (3) the property of an agricultural operation (as defined in 36 IC 32-30-6-1); 37 (4) the grounds: 38 (A) adjacent to; and 39 (B) owned or rented in common with; 40 a structure or facility identified in subdivisions (1) through (3); or 41 (5) personal property contained in a structure or located at a 42 facility identified in subdivisions (1) through (3); 2015 IN 180—LS 6221/DI 69 18 1 without the consent of the owner, possessor, or occupant of the 2 property that is damaged, commits institutional criminal mischief, a 3 Class A misdemeanor. However, the offense is a Level 6 felony if the 4 pecuniary loss (or property damage, in the case of an agricultural 5 operation) is at least seven hundred fifty dollars ($750) but less than 6 fifty thousand dollars ($50,000), and a Level 5 felony if the pecuniary 7 loss (or property damage, in the case of an agricultural operation) is at 8 least fifty thousand dollars ($50,000). 9 (c) If a person is convicted of an offense under this section that 10 involves the use of graffiti, the court may, in addition to any other 11 penalty, order that the person's operator's license be suspended or 12 invalidated by the bureau of motor vehicles for not more than one (1) 13 year. 14 (d) The court may rescind an order for suspension or invalidation 15 under subsection (c) and allow the person to receive a license or permit 16 before the period of suspension or invalidation ends if the court 17 determines that the person has removed or painted over the graffiti or 18 has made other suitable restitution. 19 SECTION 16. IC 35-43-2-1, AS AMENDED BY P.L.158-2013, 20 SECTION 460, IS AMENDED TO READ AS FOLLOWS 21 [EFFECTIVE JULY 1, 2015]: Sec. 1. A person who breaks and enters 22 the building or structure of another person, with intent to commit a 23 felony or theft in it, commits burglary, a Level 5 felony. However, the 24 offense is: 25 (1) a Level 4 felony if: 26 (A) the building or structure is a dwelling; or 27 (B) it is a bias motivated crime; 28 (2) a Level 3 felony if it results in bodily injury to any person 29 other than a defendant; 30 (3) a Level 2 felony if it: 31 (A) is committed while armed with a deadly weapon; or 32 (B) results in serious bodily injury to any person other than a 33 defendant; and 34 (4) a Level 1 felony if: 35 (A) the building or structure is a dwelling; and 36 (B) it results in serious bodily injury to any person other than 37 a defendant. 38 SECTION 17. IC 35-43-2-1.5, AS AMENDED BY P.L.158-2013, 39 SECTION 461, IS AMENDED TO READ AS FOLLOWS 40 [EFFECTIVE JULY 1, 2015]: Sec. 1.5. (a) A person who knowingly 41 or intentionally breaks and enters the dwelling of another person 42 commits residential entry, a Level 6 felony. 2015 IN 180—LS 6221/DI 69 19 1 (b) The offense under subsection (a) is a Level 5 felony if it is a 2 bias motivated crime. 3 SECTION 18. IC 35-43-2-2, AS AMENDED BY P.L.21-2014, 4 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 5 JULY 1, 2015]: Sec. 2. (a) As used in this section, "authorized person" 6 means a person authorized by an agricultural operation to act on behalf 7 of the agricultural operation. 8 (b) A person who: 9 (1) not having a contractual interest in the property, knowingly or 10 intentionally enters the real property of another person after 11 having been denied entry by the other person or that person's 12 agent; 13 (2) not having a contractual interest in the property, knowingly or 14 intentionally refuses to leave the real property of another person 15 after having been asked to leave by the other person or that 16 person's agent; 17 (3) accompanies another person in a vehicle, with knowledge that 18 the other person knowingly or intentionally is exerting 19 unauthorized control over the vehicle; 20 (4) knowingly or intentionally interferes with the possession or 21 use of the property of another person without the person's consent; 22 (5) not having a contractual interest in the property, knowingly or 23 intentionally enters the: 24 (A) property of an agricultural operation that is used for the 25 production, processing, propagation, packaging, cultivation, 26 harvesting, care, management, or storage of an animal, plant, 27 or other agricultural product, including any pasturage or land 28 used for timber management, without the consent of the owner 29 of the agricultural operation or an authorized person; or 30 (B) dwelling of another person without the person's consent; 31 (6) knowingly or intentionally: 32 (A) travels by train without lawful authority or the railroad 33 carrier's consent; and 34 (B) rides on the outside of a train or inside a passenger car, 35 locomotive, or freight car, including a boxcar, flatbed, or 36 container without lawful authority or the railroad carrier's 37 consent; 38 (7) not having a contractual interest in the property, knowingly or 39 intentionally enters or refuses to leave the property of another 40 person after having been prohibited from entering or asked to 41 leave the property by a law enforcement officer when the property 42 is vacant or designated by a municipality or county enforcement 2015 IN 180—LS 6221/DI 69 20 1 authority to be abandoned property or an abandoned structure (as 2 defined in IC 36-7-36-1); 3 (8) not having a contractual interest in the property, knowingly or 4 intentionally enters the real property of an agricultural operation 5 (as defined in IC 32-30-6-1) without the permission of the owner 6 of the agricultural operation or an authorized person, and 7 knowingly or intentionally engages in conduct that causes 8 property damage to: 9 (A) the owner of or a person having a contractual interest in 10 the agricultural operation; 11 (B) the operator of the agricultural operation; or 12 (C) a person having personal property located on the property 13 of the agricultural operation; or 14 (9) knowingly or intentionally enters the property of another 15 person after being denied entry by a court order that has been 16 issued to the person or issued to the general public by 17 conspicuous posting on or around the premises in areas where a 18 person can observe the order when the property has been 19 designated by a municipality or county enforcement authority to 20 be a vacant property, an abandoned property, or an abandoned 21 structure (as defined in IC 36-7-36-1); 22 commits criminal trespass, a Class A misdemeanor. However, the 23 offense is a Level 6 felony if it is committed on a scientific research 24 facility, on a key facility, on a facility belonging to a public utility (as 25 defined in IC 32-24-1-5.9(a)), on school property, or on a school bus or 26 the person has a prior unrelated conviction for an offense under this 27 section concerning the same property, or the offense is a bias 28 motivated crime. The offense is a Level 6 felony, for purposes of 29 subdivision (8), if the property damage is more than seven hundred 30 fifty dollars ($750) and less than fifty thousand dollars ($50,000). The 31 offense is a Level 5 felony, for purposes of subdivision (8), if the 32 property damage is at least fifty thousand dollars ($50,000). 33 (c) A person has been denied entry under subsection (b)(1) when the 34 person has been denied entry by means of: 35 (1) personal communication, oral or written; 36 (2) posting or exhibiting a notice at the main entrance in a manner 37 that is either prescribed by law or likely to come to the attention 38 of the public; or 39 (3) a hearing authority or court order under IC 32-30-6, 40 IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36. 41 (d) A law enforcement officer may not deny entry to property or ask 42 a person to leave a property under subsection (b)(7) unless there is 2015 IN 180—LS 6221/DI 69 21 1 reasonable suspicion that criminal activity has occurred or is occurring. 2 (e) A person described in subsection (b)(7) violates subsection 3 (b)(7) unless the person has the written permission of the owner, 4 owner's agent, enforcement authority, or court to come onto the 5 property for purposes of performing maintenance, repair, or demolition. 6 (f) A person described in subsection (b)(9) violates subsection 7 (b)(9) unless the court that issued the order denying the person entry 8 grants permission for the person to come onto the property. 9 (g) Subsections (b), (c), and (f) do not apply to the following: 10 (1) A passenger on a train. 11 (2) An employee of a railroad carrier while engaged in the 12 performance of official duties. 13 (3) A law enforcement officer, firefighter, or emergency response 14 personnel while engaged in the performance of official duties. 15 (4) A person going on railroad property in an emergency to rescue 16 a person or animal from harm's way or to remove an object that 17 the person reasonably believes poses an imminent threat to life or 18 limb. 19 (5) A person on the station grounds or in the depot of a railroad 20 carrier: 21 (A) as a passenger; or 22 (B) for the purpose of transacting lawful business. 23 (6) A: 24 (A) person; or 25 (B) person's: 26 (i) family member; 27 (ii) invitee; 28 (iii) employee; 29 (iv) agent; or 30 (v) independent contractor; 31 going on a railroad's right-of-way for the purpose of crossing at a 32 private crossing site approved by the railroad carrier to obtain 33 access to land that the person owns, leases, or operates. 34 (7) A person having written permission from the railroad carrier 35 to go on specified railroad property. 36 (8) A representative of the Indiana department of transportation 37 while engaged in the performance of official duties. 38 (9) A representative of the federal Railroad Administration while 39 engaged in the performance of official duties. 40 (10) A representative of the National Transportation Safety Board 41 while engaged in the performance of official duties. 42 SECTION 19. IC 35-43-4-2, AS AMENDED BY P.L.152-2014, 2015 IN 180—LS 6221/DI 69 22 1 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2015]: Sec. 2. (a) A person who knowingly or intentionally 3 exerts unauthorized control over property of another person, with intent 4 to deprive the other person of any part of its value or use, commits 5 theft, a Class A misdemeanor. However, the offense is: 6 (1) a Level 6 felony if: 7 (A) the value of the property is at least seven hundred fifty 8 dollars ($750) and less than fifty thousand dollars ($50,000); 9 (B) the property is a firearm; or 10 (C) the person has a prior unrelated conviction for: 11 (i) theft under this section; or 12 (ii) criminal conversion under section 3 of this chapter; or 13 (D) it is a bias motivated crime; and 14 (2) a Level 5 felony if: 15 (A) the value of the property is at least fifty thousand dollars 16 ($50,000); or 17 (B) the property that is the subject of the theft is a valuable 18 metal (as defined in IC 25-37.5-1-1) and: 19 (i) relates to transportation safety; 20 (ii) relates to public safety; or 21 (iii) is taken from a hospital or other health care facility, 22 telecommunications provider, public utility (as defined in 23 IC 32-24-1-5.9(a)), or key facility; 24 and the absence of the property creates a substantial risk of 25 bodily injury to a person. 26 (b) In determining the value of property under this section, acts of 27 theft committed in a single episode of criminal conduct (as defined in 28 IC 35-50-1-2(b)) may be charged in a single count. 29 (c) For purposes of this section, "the value of property" means: 30 (1) the fair market value of the property at the time and place the 31 offense was committed; or 32 (2) if the fair market value of the property cannot be satisfactorily 33 determined, the cost to replace the property within a reasonable 34 time after the offense was committed. 35 A price tag or price marking on property displayed or offered for sale 36 constitutes prima facie evidence of the value of the property. 37 SECTION 20. IC 35-43-4-3, AS AMENDED BY P.L.158-2013, 38 SECTION 467, IS AMENDED TO READ AS FOLLOWS 39 [EFFECTIVE JULY 1, 2015]: Sec. 3. (a) A person who knowingly or 40 intentionally exerts unauthorized control over property of another 41 person commits criminal conversion, a Class A misdemeanor. 42 (b) The offense under subsection (a) is a Level 6 felony if: 2015 IN 180—LS 6221/DI 69 23 1 (1) committed by a person who exerts unauthorized control over 2 the motor vehicle of another person with the intent to use the 3 motor vehicle to assist the person in the commission of a crime; 4 or 5 (2) it is a bias motivated crime. 6 (c) The offense under subsection (a) is a Level 5 felony if: 7 (1) committed by a person who exerts unauthorized control over 8 the motor vehicle of another person; and 9 (2) the person uses the motor vehicle to assist the person in the 10 commission of a felony. 11 (d) The offense under subsection (a) is a Level 6 felony if: 12 (1) the person acquires the property by lease; 13 (2) the property is a motor vehicle; 14 (3) the person signs a written agreement to return the property to 15 a specified location within a specified time; and 16 (4) the person fails to return the property: 17 (A) within thirty (30) days after the specified time; or 18 (B) within three (3) days after a written demand for return of 19 the property is either: 20 (i) personally served on the person; or 21 (ii) sent by registered mail to the person's address that is 22 provided by the person in the written agreement. 23 SECTION 21. IC 35-45-2-1, AS AMENDED BY P.L.168-2014, 24 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 25 JULY 1, 2015]: Sec. 1. (a) A person who communicates a threat to 26 another person, with the intent: 27 (1) that the other person engage in conduct against the other 28 person's will; 29 (2) that the other person be placed in fear of retaliation for a prior 30 lawful act; or 31 (3) of: 32 (A) causing: 33 (i) a dwelling, a building, or other structure; or 34 (ii) a vehicle; 35 to be evacuated; or 36 (B) interfering with the occupancy of: 37 (i) a dwelling, building, or other structure; or 38 (ii) a vehicle; 39 commits intimidation, a Class A misdemeanor. 40 (b) However, the offense is a: 41 (1) Level 6 felony if: 42 (A) the threat is to commit a forcible felony; 2015 IN 180—LS 6221/DI 69 24 1 (B) the person to whom the threat is communicated: 2 (i) is a law enforcement officer; 3 (ii) is a witness (or the spouse or child of a witness) in any 4 pending criminal proceeding against the person making the 5 threat; 6 (iii) is an employee of a school or school corporation; 7 (iv) is a community policing volunteer; 8 (v) is an employee of a court; 9 (vi) is an employee of a probation department; 10 (vii) is an employee of a community corrections program; 11 (viii) is an employee of a hospital, church, or religious 12 organization; or 13 (ix) is a person that owns a building or structure that is open 14 to the public or is an employee of the person; 15 and, except as provided in item (ii), the threat is 16 communicated to the person because of the occupation, 17 profession, employment status, or ownership status of the 18 person as described in items (i) through (ix) or based on an act 19 taken by the person within the scope of the occupation, 20 profession, employment status, or ownership status of the 21 person; 22 (C) the person has a prior unrelated conviction for an offense 23 under this section concerning the same victim; or 24 (D) the threat is communicated using property, including 25 electronic equipment or systems, of a school corporation or 26 other governmental entity; or 27 (E) it is a bias motivated crime; and 28 (2) Level 5 felony if: 29 (A) while committing it, the person draws or uses a deadly 30 weapon; or 31 (B) the person to whom the threat is communicated: 32 (i) is a judge or bailiff of any court; or 33 (ii) is a prosecuting attorney or a deputy prosecuting 34 attorney. 35 (c) "Communicates" includes posting a message electronically, 36 including on a social networking web site (as defined in 37 IC 35-42-4-12(d)). IC 35-31.5-2-307). 38 (d) "Threat" means an expression, by words or action, of an 39 intention to: 40 (1) unlawfully injure the person threatened or another person, or 41 damage property; 42 (2) unlawfully subject a person to physical confinement or 2015 IN 180—LS 6221/DI 69 25 1 restraint; 2 (3) commit a crime; 3 (4) unlawfully withhold official action, or cause such withholding; 4 (5) unlawfully withhold testimony or information with respect to 5 another person's legal claim or defense, except for a reasonable 6 claim for witness fees or expenses; 7 (6) expose the person threatened to hatred, contempt, disgrace, or 8 ridicule; 9 (7) falsely harm the credit or business reputation of the person 10 threatened; or 11 (8) cause the evacuation of a dwelling, a building, another 12 structure, or a vehicle. 13 SECTION 22. IC 35-45-2-2 IS AMENDED TO READ AS 14 FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 2. (a) A person who, 15 with intent to harass, annoy, or alarm another person but with no intent 16 of legitimate communication: 17 (1) makes a telephone call, whether or not a conversation ensues; 18 (2) communicates with a person by telegraph, mail, or other form 19 of written communication; 20 (3) transmits an obscene message, or indecent or profane words, 21 on a Citizens Radio Service channel; or 22 (4) uses a computer network (as defined in IC 35-43-2-3(a)) or 23 other form of electronic communication to: 24 (A) communicate with a person; or 25 (B) transmit an obscene message or indecent or profane words 26 to a person; 27 commits harassment, a Class B misdemeanor. However, the offense 28 is a Class A misdemeanor if it is a bias motivated crime. 29 (b) A message is obscene if: 30 (1) the average person, applying contemporary community 31 standards, finds that the dominant theme of the message, taken as 32 a whole, appeals to the prurient interest in sex; 33 (2) the message refers to sexual conduct in a patently offensive 34 way; and 35 (3) the message, taken as a whole, lacks serious artistic, literary, 36 political, or scientific value. 37 SECTION 23. IC 35-45-10-5, AS AMENDED BY P.L.158-2013, 38 SECTION 541, IS AMENDED TO READ AS FOLLOWS 39 [EFFECTIVE JULY 1, 2015]: Sec. 5. (a) A person who stalks another 40 person commits stalking, a Level 6 felony. 41 (b) The offense is a Level 5 felony if at least one (1) of the following 42 applies: 2015 IN 180—LS 6221/DI 69 26 1 (1) A person: 2 (A) stalks a victim; and 3 (B) makes an explicit or an implicit threat with the intent to 4 place the victim in reasonable fear of: 5 (i) sexual battery (as defined in IC 35-42-4-8); 6 (ii) serious bodily injury; or 7 (iii) death. 8 (2) A protective order to prevent domestic or family violence, a 9 no contact order, or other judicial order under any of the 10 following statutes has been issued by the court to protect the same 11 victim or victims from the person and the person has been given 12 actual notice of the order: 13 (A) IC 31-15 and IC 34-26-5 or IC 31-1-11.5 before its repeal 14 (dissolution of marriage and legal separation). 15 (B) IC 31-34, IC 31-37, or IC 31-6-4 before its repeal 16 (delinquent children and children in need of services). 17 (C) IC 31-32 or IC 31-6-7 before its repeal (procedure in 18 juvenile court). 19 (D) IC 34-26-5 or IC 34-26-2 and IC 34-4-5.1 before their 20 repeal (protective order to prevent abuse). 21 (E) IC 34-26-6 (workplace violence restraining orders). 22 (3) The person's stalking of another person violates an order 23 issued as a condition of pretrial release, including release on bail 24 or personal recognizance, or pretrial diversion if the person has 25 been given actual notice of the order. 26 (4) The person's stalking of another person violates a no contact 27 order issued as a condition of probation if the person has been 28 given actual notice of the order. 29 (5) The person's stalking of another person violates a protective 30 order issued under IC 31-14-16-1 and IC 34-26-5 in a paternity 31 action if the person has been given actual notice of the order. 32 (6) The person's stalking of another person violates an order 33 issued in another state that is substantially similar to an order 34 described in subdivisions (2) through (5) if the person has been 35 given actual notice of the order. 36 (7) The person's stalking of another person violates an order that 37 is substantially similar to an order described in subdivisions (2) 38 through (5) and is issued by an Indian: 39 (A) tribe; 40 (B) band; 41 (C) pueblo; 42 (D) nation; or 2015 IN 180—LS 6221/DI 69 27 1 (E) organized group or community, including an Alaska 2 Native village or regional or village corporation as defined in 3 or established under the Alaska Native Claims Settlement Act 4 (43 U.S.C. 1601 et seq.); 5 that is recognized as eligible for the special programs and services 6 provided by the United States to Indians because of their special 7 status as Indians if the person has been given actual notice of the 8 order. 9 (8) A criminal complaint of stalking that concerns an act by the 10 person against the same victim or victims is pending in a court 11 and the person has been given actual notice of the complaint. 12 (9) The offense is a bias motivated crime. 13 (c) The offense is a Level 4 felony if: 14 (1) the act or acts were committed while the person was armed 15 with a deadly weapon; or 16 (2) the person has an unrelated conviction for an offense under 17 this section against the same victim or victims. 2015 IN 180—LS 6221/DI 69