Indiana 2022 Regular Session

Indiana House Bill HB1132 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1132
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-2-1-9; IC 11-13-1-3.5; IC 14-16-1-23;
7	7	IC 31-30-1-4; IC 35-31.5-2; IC 35-33-1-1; IC 35-47.
8	8	Synopsis: Firearms matters. Allows a person to possess or carry a
9	9	handgun without a license unless the person: (1) has been convicted of
10	10	certain crimes or delinquent offenses; (2) has been prohibited by a
11	11	court from possessing a handgun or has been found by a court to be
12	12	dangerous; or (3) has been found by a court to be mentally
13	13	incompetent, has been involuntarily committed, or has been the subject
14	14	of a 90 day or regular commitment. Repeals the current offense of
15	15	carrying a handgun without a license and makes it a Class A
16	16	misdemeanor for certain persons to possess or carry a handgun.
17	17	Increases the penalty to a Level 5 felony in some instances. Makes
18	18	conforming amendments and repeals obsolete provisions. Makes a
19	19	technical correction.
20	20	Effective: July 1, 2022.
21	21	Lucas
22	22	January 4, 2022, read first time and referred to Committee on Public Policy.
23	23	2022 IN 1132—LS 6555/DI 144 Introduced
24	24	Second Regular Session of the 122nd General Assembly (2022)
25	25	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	26	Constitution) is being amended, the text of the existing provision will appear in this style type,
27	27	additions will appear in this style type, and deletions will appear in this style type.
28	28	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	29	provision adopted), the text of the new provision will appear in this style type. Also, the
30	30	word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	31	a new provision to the Indiana Code or the Indiana Constitution.
32	32	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	33	between statutes enacted by the 2021 Regular Session of the General Assembly.
34	34	HOUSE BILL No. 1132
35	35	A BILL FOR AN ACT to amend the Indiana Code concerning
36	36	criminal law and procedure.
37	37	Be it enacted by the General Assembly of the State of Indiana:
38	38	1 SECTION 1. IC 5-2-1-9, AS AMENDED BY P.L.187-2021,
39	39	2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40	40	3 JULY 1, 2022]: Sec. 9. (a) The board shall adopt in accordance with
41	41	4 IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
42	42	5 The rules, which shall be adopted only after necessary and proper
43	43	6 investigation and inquiry by the board, shall include the establishment
44	44	7 of the following:
45	45	8 (1) Minimum standards of physical, educational, mental, and
46	46	9 moral fitness which shall govern the acceptance of any person for
47	47	10 training by any law enforcement training school or academy
48	48	11 meeting or exceeding the minimum standards established
49	49	12 pursuant to this chapter.
50	50	13 (2) Minimum standards for law enforcement training schools
51	51	14 administered by towns, cities, counties, law enforcement training
52	52	15 centers, agencies, or departments of the state.
53	53	16 (3) Minimum standards for courses of study, attendance
54	54	17 requirements, equipment, and facilities for approved town, city,
55	55	2022 IN 1132—LS 6555/DI 144 2
56	56	1 county, and state law enforcement officer, police reserve officer,
57	57	2 and conservation reserve officer training schools.
58	58	3 (4) Minimum standards for a course of study on cultural diversity
59	59	4 awareness, including training on the U nonimmigrant visa created
60	60	5 through the federal Victims of Trafficking and Violence
61	61	6 Protection Act of 2000 (P.L. 106-386) that must be required for
62	62	7 each person accepted for training at a law enforcement training
63	63	8 school or academy. Cultural diversity awareness study must
64	64	9 include an understanding of cultural issues related to race,
65	65	10 religion, gender, age, domestic violence, national origin, and
66	66	11 physical and mental disabilities.
67	67	12 (5) Minimum qualifications for instructors at approved law
68	68	13 enforcement training schools.
69	69	14 (6) Minimum basic training requirements which law enforcement
70	70	15 officers appointed to probationary terms shall complete before
71	71	16 being eligible for continued or permanent employment.
72	72	17 (7) Minimum basic training requirements which law enforcement
73	73	18 officers appointed on other than a permanent basis shall complete
74	74	19 in order to be eligible for continued employment or permanent
75	75	20 appointment.
76	76	21 (8) Minimum basic training requirements which law enforcement
77	77	22 officers appointed on a permanent basis shall complete in order
78	78	23 to be eligible for continued employment.
79	79	24 (9) Minimum basic training requirements for each person
80	80	25 accepted for training at a law enforcement training school or
81	81	26 academy that include six (6) hours of training in interacting with:
82	82	27 (A) persons with autism, mental illness, addictive disorders,
83	83	28 intellectual disabilities, and developmental disabilities;
84	84	29 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
85	85	30 and
86	86	31 (C) persons with Alzheimer's disease or related senile
87	87	32 dementia;
88	88	33 to be provided by persons approved by the secretary of family and
89	89	34 social services and the board. The training must include an
90	90	35 overview of the crisis intervention teams.
91	91	36 (10) Minimum standards for a course of study on human and
92	92	37 sexual trafficking that must be required for each person accepted
93	93	38 for training at a law enforcement training school or academy and
94	94	39 for inservice training programs for law enforcement officers. The
95	95	40 course must cover the following topics:
96	96	41 (A) Examination of the human and sexual trafficking laws (IC
97	97	42 35-42-3.5).
98	98	2022 IN 1132—LS 6555/DI 144 3
99	99	1 (B) Identification of human and sexual trafficking.
100	100	2 (C) Communicating with traumatized persons.
101	101	3 (D) Therapeutically appropriate investigative techniques.
102	102	4 (E) Collaboration with federal law enforcement officials.
103	103	5 (F) Rights of and protections afforded to victims.
104	104	6 (G) Providing documentation that satisfies the Declaration of
105	105	7 Law Enforcement Officer for Victim of Trafficking in Persons
106	106	8 (Form I-914, Supplement B) requirements established under
107	107	9 federal law.
108	108	10 (H) The availability of community resources to assist human
109	109	11 and sexual trafficking victims.
110	110	12 (11) Minimum standards for ongoing specialized, intensive, and
111	111	13 integrative training for persons responsible for investigating
112	112	14 sexual assault cases involving adult victims. This training must
113	113	15 include instruction on:
114	114	16 (A) the neurobiology of trauma;
115	115	17 (B) trauma informed interviewing; and
116	116	18 (C) investigative techniques.
117	117	19 (12) Minimum standards for de-escalation training. De-escalation
118	118	20 training shall be taught as a part of existing use-of-force training
119	119	21 and not as a separate topic.
120	120	22 (b) A law enforcement officer appointed after July 5, 1972, and
121	121	23 before July 1, 1993, may not enforce the laws or ordinances of the state
122	122	24 or any political subdivision unless the officer has, within one (1) year
123	123	25 from the date of appointment, successfully completed the minimum
124	124	26 basic training requirements established under this chapter by the board.
125	125	27 If a person fails to successfully complete the basic training
126	126	28 requirements within one (1) year from the date of employment, the
127	127	29 officer may not perform any of the duties of a law enforcement officer
128	128	30 involving control or direction of members of the public or exercising
129	129	31 the power of arrest until the officer has successfully completed the
130	130	32 training requirements. This subsection does not apply to any law
131	131	33 enforcement officer appointed before July 6, 1972, or after June 30,
132	132	34 1993.
133	133	35 (c) Military leave or other authorized leave of absence from law
134	134	36 enforcement duty during the first year of employment after July 6,
135	135	37 1972, shall toll the running of the first year, which shall be calculated
136	136	38 by the aggregate of the time before and after the leave, for the purposes
137	137	39 of this chapter.
138	138	40 (d) Except as provided in subsections (e), (m), (t), and (u), a law
139	139	41 enforcement officer appointed to a law enforcement department or
140	140	42 agency after June 30, 1993, may not:
141	141	2022 IN 1132—LS 6555/DI 144 4
142	142	1 (1) make an arrest;
143	143	2 (2) conduct a search or a seizure of a person or property; or
144	144	3 (3) carry a firearm;
145	145	4 unless the law enforcement officer successfully completes, at a board
146	146	5 certified law enforcement academy or at a law enforcement training
147	147	6 center under section 10.5 or 15.2 of this chapter, the basic training
148	148	7 requirements established by the board under this chapter.
149	149	8 (e) This subsection does not apply to:
150	150	9 (1) a gaming agent employed as a law enforcement officer by the
151	151	10 Indiana gaming commission; or
152	152	11 (2) an:
153	153	12 (A) attorney; or
154	154	13 (B) investigator;
155	155	14 designated by the securities commissioner as a police officer of
156	156	15 the state under IC 23-19-6-1(k).
157	157	16 Before a law enforcement officer appointed after June 30, 1993,
158	158	17 completes the basic training requirements, the law enforcement officer
159	159	18 may exercise the police powers described in subsection (d) if the
160	160	19 officer successfully completes the pre-basic course established in
161	161	20 subsection (f). Successful completion of the pre-basic course authorizes
162	162	21 a law enforcement officer to exercise the police powers described in
163	163	22 subsection (d) for one (1) year after the date the law enforcement
164	164	23 officer is appointed.
165	165	24 (f) The board shall adopt rules under IC 4-22-2 to establish a
166	166	25 pre-basic course for the purpose of training:
167	167	26 (1) law enforcement officers;
168	168	27 (2) police reserve officers (as described in IC 36-8-3-20); and
169	169	28 (3) conservation reserve officers (as described in IC 14-9-8-27);
170	170	29 regarding the subjects of arrest, search and seizure, the lawful use of
171	171	30 force, de-escalation training, interacting with individuals with autism,
172	172	31 and the operation of an emergency vehicle. The pre-basic course must
173	173	32 be offered on a periodic basis throughout the year at regional sites
174	174	33 statewide. The pre-basic course must consist of at least forty (40) hours
175	175	34 of course work. The board may prepare the classroom part of the
176	176	35 pre-basic course using available technology in conjunction with live
177	177	36 instruction. The board shall provide the course material, the instructors,
178	178	37 and the facilities at the regional sites throughout the state that are used
179	179	38 for the pre-basic course. In addition, the board may certify pre-basic
180	180	39 courses that may be conducted by other public or private training
181	181	40 entities, including postsecondary educational institutions.
182	182	41 (g) Subject to subsection (h), the board shall adopt rules under
183	183	42 IC 4-22-2 to establish a mandatory inservice training program for
184	184	2022 IN 1132—LS 6555/DI 144 5
185	185	1 police officers and police reserve officers (as described in
186	186	2 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
187	187	3 satisfactorily completed basic training and has been appointed to a law
188	188	4 enforcement department or agency on either a full-time or part-time
189	189	5 basis is not eligible for continued employment unless the officer
190	190	6 satisfactorily completes the mandatory inservice training requirements
191	191	7 established by rules adopted by the board. Inservice training must
192	192	8 include de-escalation training. Inservice training must also include
193	193	9 training in interacting with persons with mental illness, addictive
194	194	10 disorders, intellectual disabilities, autism, developmental disabilities,
195	195	11 and Alzheimer's disease or related senile dementia, to be provided by
196	196	12 persons approved by the secretary of family and social services and the
197	197	13 board, and training concerning human and sexual trafficking and high
198	198	14 risk missing persons (as defined in IC 5-2-17-1). The board may
199	199	15 approve courses offered by other public or private training entities,
200	200	16 including postsecondary educational institutions, as necessary in order
201	201	17 to ensure the availability of an adequate number of inservice training
202	202	18 programs. The board may waive an officer's inservice training
203	203	19 requirements if the board determines that the officer's reason for
204	204	20 lacking the required amount of inservice training hours is due to either
205	205	21 an emergency situation or the unavailability of courses.
206	206	22 (h) This subsection applies only to a mandatory inservice training
207	207	23 program under subsection (g). Notwithstanding subsection (g), the
208	208	24 board may, without adopting rules under IC 4-22-2, modify the course
209	209	25 work of a training subject matter, modify the number of hours of
210	210	26 training required within a particular subject matter, or add a new
211	211	27 subject matter, if the board satisfies the following requirements:
212	212	28 (1) The board must conduct at least two (2) public meetings on
213	213	29 the proposed modification or addition.
214	214	30 (2) After approving the modification or addition at a public
215	215	31 meeting, the board must post notice of the modification or
216	216	32 addition on the Indiana law enforcement academy's Internet web
217	217	33 site at least thirty (30) days before the modification or addition
218	218	34 takes effect.
219	219	35 If the board does not satisfy the requirements of this subsection, the
220	220	36 modification or addition is void. This subsection does not authorize the
221	221	37 board to eliminate any inservice training subject matter required under
222	222	38 subsection (g).
223	223	39 (i) The board shall also adopt rules establishing a town marshal
224	224	40 basic training program, subject to the following:
225	225	41 (1) The program must require fewer hours of instruction and class
226	226	42 attendance and fewer courses of study than are required for the
227	227	2022 IN 1132—LS 6555/DI 144 6
228	228	1 mandated basic training program.
229	229	2 (2) Certain parts of the course materials may be studied by a
230	230	3 candidate at the candidate's home in order to fulfill requirements
231	231	4 of the program.
232	232	5 (3) Law enforcement officers successfully completing the
233	233	6 requirements of the program are eligible for appointment only in
234	234	7 towns employing the town marshal system (IC 36-5-7) and having
235	235	8 not more than one (1) marshal and two (2) deputies.
236	236	9 (4) The limitation imposed by subdivision (3) does not apply to an
237	237	10 officer who has successfully completed the mandated basic
238	238	11 training program.
239	239	12 (5) The time limitations imposed by subsections (b) and (c) for
240	240	13 completing the training are also applicable to the town marshal
241	241	14 basic training program.
242	242	15 (6) The program must require training in interacting with
243	243	16 individuals with autism.
244	244	17 (j) The board shall adopt rules under IC 4-22-2 to establish an
245	245	18 executive training program. The executive training program must
246	246	19 include training in the following areas:
247	247	20 (1) Liability.
248	248	21 (2) Media relations.
249	249	22 (3) Accounting and administration.
250	250	23 (4) Discipline.
251	251	24 (5) Department policy making.
252	252	25 (6) Lawful use of force and de-escalation training.
253	253	26 (7) Department programs.
254	254	27 (8) Emergency vehicle operation.
255	255	28 (9) Cultural diversity.
256	256	29 (k) A police chief shall apply for admission to the executive training
257	257	30 program within two (2) months of the date the police chief initially
258	258	31 takes office. A police chief must successfully complete the executive
259	259	32 training program within six (6) months of the date the police chief
260	260	33 initially takes office. However, if space in the executive training
261	261	34 program is not available at a time that will allow completion of the
262	262	35 executive training program within six (6) months of the date the police
263	263	36 chief initially takes office, the police chief must successfully complete
264	264	37 the next available executive training program that is offered after the
265	265	38 police chief initially takes office.
266	266	39 (l) A police chief who fails to comply with subsection (k) may not
267	267	40 continue to serve as the police chief until completion of the executive
268	268	41 training program. For the purposes of this subsection and subsection
269	269	42 (k), "police chief" refers to:
270	270	2022 IN 1132—LS 6555/DI 144 7
271	271	1 (1) the police chief of any city;
272	272	2 (2) the police chief of any town having a metropolitan police
273	273	3 department; and
274	274	4 (3) the chief of a consolidated law enforcement department
275	275	5 established under IC 36-3-1-5.1.
276	276	6 A town marshal is not considered to be a police chief for these
277	277	7 purposes, but a town marshal may enroll in the executive training
278	278	8 program.
279	279	9 (m) A fire investigator in the department of homeland security
280	280	10 appointed after December 31, 1993, is required to comply with the
281	281	11 basic training standards established under this chapter.
282	282	12 (n) The board shall adopt rules under IC 4-22-2 to establish a
283	283	13 program to certify handgun safety courses, including courses offered
284	284	14 in the private sector, that meet standards approved by the board for
285	285	15 training probation officers in handgun safety as required by
286	286	16 IC 11-13-1-3.5(3). IC 11-13-1-3.5(2).
287	287	17 (o) The board shall adopt rules under IC 4-22-2 to establish a
288	288	18 refresher course for an officer who:
289	289	19 (1) is hired by an Indiana law enforcement department or agency
290	290	20 as a law enforcement officer;
291	291	21 (2) has not been employed as a law enforcement officer for:
292	292	22 (A) at least two (2) years; and
293	293	23 (B) less than six (6) years before the officer is hired under
294	294	24 subdivision (1); and
295	295	25 (3) completed at any time a basic training course certified or
296	296	26 recognized by the board before the officer is hired under
297	297	27 subdivision (1).
298	298	28 (p) An officer to whom subsection (o) applies must successfully
299	299	29 complete the refresher course described in subsection (o) not later than
300	300	30 six (6) months after the officer's date of hire, or the officer loses the
301	301	31 officer's powers of:
302	302	32 (1) arrest;
303	303	33 (2) search; and
304	304	34 (3) seizure.
305	305	35 (q) The board shall adopt rules under IC 4-22-2 to establish a
306	306	36 refresher course for an officer who:
307	307	37 (1) is appointed by an Indiana law enforcement department or
308	308	38 agency as a reserve police officer; and
309	309	39 (2) has not worked as a reserve police officer for at least two (2)
310	310	40 years after:
311	311	41 (A) completing the pre-basic course; or
312	312	42 (B) leaving the individual's last appointment as a reserve
313	313	2022 IN 1132—LS 6555/DI 144 8
314	314	1 police officer.
315	315	2 An officer to whom this subsection applies must successfully complete
316	316	3 the refresher course established by the board in order to work as a
317	317	4 reserve police officer.
318	318	5 (r) This subsection applies to an individual who, at the time the
319	319	6 individual completes a board certified or recognized basic training
320	320	7 course, has not been appointed as a law enforcement officer by an
321	321	8 Indiana law enforcement department or agency. If the individual is not
322	322	9 employed as a law enforcement officer for at least two (2) years after
323	323	10 completing the basic training course, the individual must successfully
324	324	11 retake and complete the basic training course as set forth in subsection
325	325	12 (d).
326	326	13 (s) The board shall adopt rules under IC 4-22-2 to establish a
327	327	14 refresher course for an individual who:
328	328	15 (1) is appointed as a board certified instructor of law enforcement
329	329	16 training; and
330	330	17 (2) has not provided law enforcement training instruction for
331	331	18 more than one (1) year after the date the individual's instructor
332	332	19 certification expired.
333	333	20 An individual to whom this subsection applies must successfully
334	334	21 complete the refresher course established by the board in order to
335	335	22 renew the individual's instructor certification.
336	336	23 (t) This subsection applies only to a gaming agent employed as a
337	337	24 law enforcement officer by the Indiana gaming commission. A gaming
338	338	25 agent appointed after June 30, 2005, may exercise the police powers
339	339	26 described in subsection (d) if:
340	340	27 (1) the agent successfully completes the pre-basic course
341	341	28 established in subsection (f); and
342	342	29 (2) the agent successfully completes any other training courses
343	343	30 established by the Indiana gaming commission in conjunction
344	344	31 with the board.
345	345	32 (u) This subsection applies only to a securities enforcement officer
346	346	33 designated as a law enforcement officer by the securities
347	347	34 commissioner. A securities enforcement officer may exercise the police
348	348	35 powers described in subsection (d) if:
349	349	36 (1) the securities enforcement officer successfully completes the
350	350	37 pre-basic course established in subsection (f); and
351	351	38 (2) the securities enforcement officer successfully completes any
352	352	39 other training courses established by the securities commissioner
353	353	40 in conjunction with the board.
354	354	41 (v) As used in this section, "upper level policymaking position"
355	355	42 refers to the following:
356	356	2022 IN 1132—LS 6555/DI 144 9
357	357	1 (1) If the authorized size of the department or town marshal
358	358	2 system is not more than ten (10) members, the term refers to the
359	359	3 position held by the police chief or town marshal.
360	360	4 (2) If the authorized size of the department or town marshal
361	361	5 system is more than ten (10) members but less than fifty-one (51)
362	362	6 members, the term refers to:
363	363	7 (A) the position held by the police chief or town marshal; and
364	364	8 (B) each position held by the members of the police
365	365	9 department or town marshal system in the next rank and pay
366	366	10 grade immediately below the police chief or town marshal.
367	367	11 (3) If the authorized size of the department or town marshal
368	368	12 system is more than fifty (50) members, the term refers to:
369	369	13 (A) the position held by the police chief or town marshal; and
370	370	14 (B) each position held by the members of the police
371	371	15 department or town marshal system in the next two (2) ranks
372	372	16 and pay grades immediately below the police chief or town
373	373	17 marshal.
374	374	18 (w) This subsection applies only to a correctional police officer
375	375	19 employed by the department of correction. A correctional police officer
376	376	20 may exercise the police powers described in subsection (d) if:
377	377	21 (1) the officer successfully completes the pre-basic course
378	378	22 described in subsection (f); and
379	379	23 (2) the officer successfully completes any other training courses
380	380	24 established by the department of correction in conjunction with
381	381	25 the board.
382	382	26 (x) This subsection applies only to the sexual assault training
383	383	27 described in subsection (a)(11). The board shall:
384	384	28 (1) consult with experts on the neurobiology of trauma, trauma
385	385	29 informed interviewing, and investigative techniques in developing
386	386	30 the sexual assault training; and
387	387	31 (2) develop the sexual assault training and begin offering the
388	388	32 training not later than July 1, 2022.
389	389	33 (y) After July 1, 2023, a law enforcement officer who regularly
390	390	34 investigates sexual assaults involving adult victims must complete the
391	391	35 training requirements described in subsection (a)(11) within one (1)
392	392	36 year of being assigned to regularly investigate sexual assaults involving
393	393	37 adult victims.
394	394	38 (z) A law enforcement officer who regularly investigates sexual
395	395	39 assaults involving adult victims may complete the training
396	396	40 requirements described in subsection (a)(11) by attending a:
397	397	41 (1) statewide or national training; or
398	398	42 (2) department hosted local training.
399	399	2022 IN 1132—LS 6555/DI 144 10
400	400	1 (aa) Notwithstanding any other provisions of this section, the board
401	401	2 is authorized to establish certain required standards of training and
402	402	3 procedure.
403	403	4 SECTION 2. IC 11-13-1-3.5, AS AMENDED BY P.L.4-2017,
404	404	5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
405	405	6 JULY 1, 2022]: Sec. 3.5. A probation officer may not carry a handgun
406	406	7 as described in IC 35-47-2-1 in any vehicle or on or about the
407	407	8 probation officer's body while acting in the scope of employment as
408	408	9 a probation officer unless all of the following conditions are met:
409	409	10 (1) The appointing court enters an order authorizing the probation
410	410	11 officer to carry the handgun while on duty.
411	411	12 (2) The probation officer is issued a license to carry the handgun
412	412	13 under IC 35-47-2.
413	413	14 (3) (2) The probation officer successfully completes a handgun
414	414	15 safety course certified by the law enforcement training board
415	415	16 under IC 5-2-1-9(n).
416	416	17 SECTION 3. IC 14-16-1-23, AS AMENDED BY P.L.35-2011,
417	417	18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
418	418	19 JULY 1, 2022]: Sec. 23. (a) An individual shall not operate a vehicle
419	419	20 under any of the following conditions:
420	420	21 (1) At a rate of speed greater than is reasonable and proper having
421	421	22 due regard for existing conditions or in a manner that
422	422	23 unnecessarily endangers the person or property of another.
423	423	24 (2) While:
424	424	25 (A) under the influence of an alcoholic beverage; or
425	425	26 (B) unlawfully under the influence of a narcotic or other habit
426	426	27 forming or dangerous depressant or stimulant drug.
427	427	28 (3) During the hours from thirty (30) minutes after sunset to thirty
428	428	29 (30) minutes before sunrise without displaying a lighted headlight
429	429	30 and a lighted taillight.
430	430	31 (4) In a forest nursery, a planting area, or public land posted or
431	431	32 reasonably identified as an area of forest or plant reproduction
432	432	33 and when growing stock may be damaged.
433	433	34 (5) On the frozen surface of public waters within:
434	434	35 (A) one hundred (100) feet of an individual not in or upon a
435	435	36 vehicle; or
436	436	37 (B) one hundred (100) feet of a fishing shanty or shelter;
437	437	38 except at a speed of not more than five (5) miles per hour.
438	438	39 (6) Unless the vehicle is equipped with a muffler in good working
439	439	40 order and in constant operation to prevent excessive or unusual
440	440	41 noise and annoying smoke.
441	441	42 (7) Within one hundred (100) feet of a dwelling between midnight
442	442	2022 IN 1132—LS 6555/DI 144 11
443	443	1 and 6:00 a.m., except on the individual's own property or property
444	444	2 under the individual's control or as an invited guest.
445	445	3 (8) On any property without the consent of the landowner or
446	446	4 tenant.
447	447	5 (9) While transporting on or in the vehicle a firearm, unless the
448	448	6 firearm is:
449	449	7 (A) unloaded; and
450	450	8 (B) securely encased or equipped with and made inoperative
451	451	9 by a manufactured keylocked trigger housing mechanism.
452	452	10 (10) On or across a cemetery or burial ground.
453	453	11 (11) Within one hundred (100) feet of a slide, ski, or skating area,
454	454	12 except for the purpose of servicing the area.
455	455	13 (12) On a railroad track or railroad right-of-way, except railroad
456	456	14 personnel in the performance of duties.
457	457	15 (13) In or upon a flowing river, stream, or creek, except for the
458	458	16 purpose of crossing by the shortest possible route, unless the
459	459	17 river, stream, or creek is of sufficient water depth to permit
460	460	18 movement by flotation of the vehicle at all times.
461	461	19 (14) An individual shall not operate a vehicle while a bow is
462	462	20 present in or on the vehicle if the nock of an arrow is in position
463	463	21 on the string of the bow.
464	464	22 (b) Subsection (a)(9) does not apply to a person who is carrying a
465	465	23 firearm:
466	466	24 (1) if:
467	467	25 (A) the firearm is a handgun; and
468	468	26 (B) the person has been issued an unlimited handgun license
469	469	27 to carry a handgun under IC 35-47-2; is not prohibited from
470	470	28 possessing or carrying a firearm under state or federal
471	471	29 law; or
472	472	30 (2) if:
473	473	31 (A) the firearm is a handgun; and
474	474	32 (B) the person is not required to possess a license to carry a
475	475	33 handgun under IC 35-47-2-2; or
476	476	34 (3) (2) if the person carrying the firearm is operating the vehicle
477	477	35 on property that the person:
478	478	36 (A) owns;
479	479	37 (B) has a contractual interest in;
480	480	38 (C) otherwise legally possesses; or
481	481	39 (D) has permission from a person described in clauses (A)
482	482	40 through (C) to possess a firearm on.
483	483	41 SECTION 4. IC 31-30-1-4, AS AMENDED BY P.L.28-2016,
484	484	42 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
485	485	2022 IN 1132—LS 6555/DI 144 12
486	486	1 JULY 1, 2022]: Sec. 4. (a) The juvenile court does not have jurisdiction
487	487	2 over an individual for an alleged violation of:
488	488	3 (1) IC 35-41-5-1(a) (attempted murder);
489	489	4 (2) IC 35-42-1-1 (murder);
490	490	5 (3) IC 35-42-3-2 (kidnapping);
491	491	6 (4) IC 35-42-4-1 (rape);
492	492	7 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
493	493	8 (6) IC 35-42-5-1 (robbery) if:
494	494	9 (A) the robbery was committed while armed with a deadly
495	495	10 weapon; or
496	496	11 (B) the robbery results in bodily injury or serious bodily
497	497	12 injury;
498	498	13 (7) IC 35-42-5-2 (carjacking) (before its repeal);
499	499	14 (8) IC 35-47-2-1 (carrying a handgun without a license), if
500	500	15 charged as a felony (before its repeal), or IC 35-47-2-1
501	501	16 (unlawful possession of a handgun), if charged as a felony;
502	502	17 (9) IC 35-47-10 (children and firearms), if charged as a felony; or
503	503	18 (10) any offense that may be joined under IC 35-34-1-9(a)(2) with
504	504	19 any crime listed in this subsection;
505	505	20 if the individual was at least sixteen (16) years of age but less than
506	506	21 eighteen (18) years of age at the time of the alleged violation.
507	507	22 (b) Once an individual described in subsection (a) has been charged
508	508	23 with any offense listed in subsection (a), the court having adult
509	509	24 criminal jurisdiction shall retain jurisdiction over the case if the
510	510	25 individual pleads guilty to or is convicted of any offense listed in
511	511	26 subsection (a)(1) through (a)(9).
512	512	27 (c) If:
513	513	28 (1) an individual described in subsection (a) is charged with one
514	514	29 (1) or more offenses listed in subsection (a);
515	515	30 (2) all the charges under subsection (a)(1) through (a)(9) resulted
516	516	31 in an acquittal or were dismissed; and
517	517	32 (3) the individual pleads guilty to or is convicted of any offense
518	518	33 other than an offense listed in subsection (a)(1) through (a)(9);
519	519	34 the court having adult criminal jurisdiction may withhold judgment and
520	520	35 transfer jurisdiction to the juvenile court for adjudication and
521	521	36 disposition. In determining whether to transfer jurisdiction to the
522	522	37 juvenile court for adjudication and disposition, the court having adult
523	523	38 criminal jurisdiction shall consider whether there are appropriate
524	524	39 services available in the juvenile justice system, whether the child is
525	525	40 amenable to rehabilitation under the juvenile justice system, and
526	526	41 whether it is in the best interests of the safety and welfare of the
527	527	42 community that the child be transferred to juvenile court. All orders
528	528	2022 IN 1132—LS 6555/DI 144 13
529	529	1 concerning release conditions remain in effect until a juvenile court
530	530	2 detention hearing, which must be held not later than forty-eight (48)
531	531	3 hours, excluding Saturdays, Sundays, and legal holidays, after the order
532	532	4 of transfer of jurisdiction.
533	533	5 SECTION 5. IC 35-31.5-2-38, AS AMENDED BY P.L.252-2017,
534	534	6 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
535	535	7 JULY 1, 2022]: Sec. 38. "Child", for purposes of IC 35-46-1-8,
536	536	8 IC 35-47-2-1, IC 35-47-10, and IC 35-44.1-5-5, has the meaning set
537	537	9 forth in IC 35-47-10-3.
538	538	10 SECTION 6. IC 35-31.5-2-78, AS AMENDED BY P.L.40-2019,
539	539	11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
540	540	12 JULY 1, 2022]: Sec. 78. "Crime of domestic violence", for purposes of
541	541	13 IC 5-2-6.1, IC 35-38-9, IC 35-47-2-1, and IC 35-47-4-7, means an
542	542	14 offense or the attempt to commit an offense that:
543	543	15 (1) has as an element the:
544	544	16 (A) use of physical force; or
545	545	17 (B) threatened use of a deadly weapon; and
546	546	18 (2) is committed against a family or household member, as
547	547	19 defined in section 128 of this chapter.
548	548	20 SECTION 7. IC 35-33-1-1, AS AMENDED BY P.L.65-2016,
549	549	21 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
550	550	22 JULY 1, 2022]: Sec. 1. (a) A law enforcement officer may arrest a
551	551	23 person when the officer has:
552	552	24 (1) a warrant commanding that the person be arrested;
553	553	25 (2) probable cause to believe the person has committed or
554	554	26 attempted to commit, or is committing or attempting to commit,
555	555	27 a felony;
556	556	28 (3) probable cause to believe the person has violated the
557	557	29 provisions of IC 9-26-1-1.1 or IC 9-30-5;
558	558	30 (4) probable cause to believe the person is committing or
559	559	31 attempting to commit a misdemeanor in the officer's presence;
560	560	32 (5) probable cause to believe the person has committed a:
561	561	33 (A) battery resulting in bodily injury under IC 35-42-2-1; or
562	562	34 (B) domestic battery under IC 35-42-2-1.3.
563	563	35 The officer may use an affidavit executed by an individual alleged
564	564	36 to have direct knowledge of the incident alleging the elements of
565	565	37 the offense of battery to establish probable cause;
566	566	38 (6) probable cause to believe that the person violated
567	567	39 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
568	568	40 (7) probable cause to believe that the person violated
569	569	41 IC 35-47-2-1 (carrying a handgun without a license) (unlawful
570	570	42 possession of a handgun) or IC 35-47-2-22 (counterfeit handgun
571	571	2022 IN 1132—LS 6555/DI 144 14
572	572	1 license);
573	573	2 (8) probable cause to believe that the person is violating or has
574	574	3 violated an order issued under IC 35-50-7;
575	575	4 (9) probable cause to believe that the person is violating or has
576	576	5 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
577	577	6 device);
578	578	7 (10) probable cause to believe that the person is:
579	579	8 (A) violating or has violated IC 35-45-2-5 (interference with
580	580	9 the reporting of a crime); and
581	581	10 (B) interfering with or preventing the reporting of a crime
582	582	11 involving domestic or family violence (as defined in
583	583	12 IC 34-6-2-34.5);
584	584	13 (11) probable cause to believe that the person has committed theft
585	585	14 (IC 35-43-4-2);
586	586	15 (12) a removal order issued for the person by an immigration
587	587	16 court;
588	588	17 (13) a detainer or notice of action for the person issued by the
589	589	18 United States Department of Homeland Security; or
590	590	19 (14) probable cause to believe that the person has been indicted
591	591	20 for or convicted of one (1) or more aggravated felonies (as
592	592	21 defined in 8 U.S.C. 1101(a)(43)).
593	593	22 (b) A person who:
594	594	23 (1) is employed full time as a federal enforcement officer;
595	595	24 (2) is empowered to effect an arrest with or without warrant for a
596	596	25 violation of the United States Code; and
597	597	26 (3) is authorized to carry firearms in the performance of the
598	598	27 person's duties;
599	599	28 may act as an officer for the arrest of offenders against the laws of this
600	600	29 state where the person reasonably believes that a felony has been or is
601	601	30 about to be committed or attempted in the person's presence.
602	602	31 SECTION 8. IC 35-47-1-2 IS AMENDED TO READ AS
603	603	32 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. "Alcohol abuser"
604	604	33 means an individual who has had two (2) or more alcohol related
605	605	34 offenses, any one (1) of which resulted in conviction by a court or
606	606	35 treatment in an alcohol abuse facility within three (3) years prior to:
607	607	36 (1) the date of the application; or
608	608	37 (2) the carrying or possession of a handgun.
609	609	38 SECTION 9. IC 35-47-1-4 IS AMENDED TO READ AS
610	610	39 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. "Drug abuser" means
611	611	40 an individual who has had two (2) or more violations of IC 35-48-1,
612	612	41 IC 35-48-2, IC 35-48-3, or IC 35-48-4, any one (1) of which resulted
613	613	42 in conviction by a court or treatment in a drug abuse facility within five
614	614	2022 IN 1132—LS 6555/DI 144 15
615	615	1 (5) years prior to:
616	616	2 (1) the date of application; or
617	617	3 (2) the carrying or possession of a handgun.
618	618	4 SECTION 10. IC 35-47-2-1, AS AMENDED BY P.L.221-2017,
619	619	5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
620	620	6 JULY 1, 2022]: Sec. 1. (a) Except as provided in subsections (b) and
621	621	7 (c) and sections 2 through 2.1 of this chapter, a person shall not carry
622	622	8 a handgun in any vehicle or on or about the person's body without
623	623	9 being licensed under this chapter to carry a handgun.
624	624	10 (b) Except as provided in subsection (c), a person may carry a
625	625	11 handgun without being licensed under this chapter to carry a handgun
626	626	12 if:
627	627	13 (1) the person carries the handgun on or about the person's body
628	628	14 in or on property that is owned, leased, rented, or otherwise
629	629	15 legally controlled by the person;
630	630	16 (2) the person carries the handgun on or about the person's body
631	631	17 while lawfully present in or on property that is owned, leased,
632	632	18 rented, or otherwise legally controlled by another person, if the
633	633	19 person:
634	634	20 (A) has the consent of the owner, renter, lessor, or person who
635	635	21 legally controls the property to have the handgun on the
636	636	22 premises;
637	637	23 (B) is attending a firearms related event on the property,
638	638	24 including a gun show, firearms expo, gun owner's club or
639	639	25 convention, hunting club, shooting club, or training course; or
640	640	26 (C) is on the property to receive firearms related services,
641	641	27 including the repair, maintenance, or modification of a
642	642	28 firearm;
643	643	29 (3) the person carries the handgun in a vehicle that is owned,
644	644	30 leased, rented, or otherwise legally controlled by the person, if the
645	645	31 handgun is:
646	646	32 (A) unloaded;
647	647	33 (B) not readily accessible; and
648	648	34 (C) secured in a case;
649	649	35 (4) the person carries the handgun while lawfully present in a
650	650	36 vehicle that is owned, leased, rented, or otherwise legally
651	651	37 controlled by another person, if the handgun is:
652	652	38 (A) unloaded;
653	653	39 (B) not readily accessible; and
654	654	40 (C) secured in a case;
655	655	41 (5) the person carries the handgun:
656	656	42 (A) at a shooting range (as defined in IC 14-22-31.5-3);
657	657	2022 IN 1132—LS 6555/DI 144 16
658	658	1 (B) while attending a firearms instructional course; or
659	659	2 (C) while engaged in a legal hunting activity; or
660	660	3 (6) the person is permitted to carry a handgun without a license
661	661	4 under section 2.1 of this chapter (persons protected by a
662	662	5 protection order).
663	663	6 (c) Unless the person's right to possess a firearm has been restored
664	664	7 under IC 35-47-4-7, a person who has been convicted of domestic
665	665	8 battery under IC 35-42-2-1.3 may not possess or carry a handgun.
666	666	9 (a) Except as provided in subsection (b), a person may possess
667	667	10 or carry a handgun in any vehicle or on or about the person's body
668	668	11 without being licensed under this chapter to carry a handgun.
669	669	12 (b) A person who:
670	670	13 (1) has a conviction for resisting law enforcement under
671	671	14 IC 35-44.1-3-1 within five (5) years of the date the person
672	672	15 possesses or carries a handgun;
673	673	16 (2) has a conviction for a crime for which the person could
674	674	17 have been sentenced for more than one (1) year;
675	675	18 (3) has a conviction for:
676	676	19 (A) a crime of domestic violence (as defined in
677	677	20 IC 35-31.5-2-78); or
678	678	21 (B) domestic battery under IC 35-42-2-1.3;
679	679	22 unless a court has restored the person's right to possess a
680	680	23 firearm under IC 35-47-4-7;
681	681	24 (4) is prohibited by a court order from possessing a handgun;
682	682	25 (5) has a record of being an alcohol abuser (as defined in
683	683	26 IC 35-47-1-2) or a drug abuser (as defined in IC 35-47-1-4);
684	684	27 (6) has a conviction for any crime involving an inability to
685	685	28 safely handle a handgun;
686	686	29 (7) has a conviction for violation of the provisions of this
687	687	30 article within five (5) years of the date the person possesses or
688	688	31 carries a handgun;
689	689	32 (8) has an adjudication as a delinquent child for an act that
690	690	33 would be a felony if committed by an adult, if the person is
691	691	34 less than twenty-three (23) years of age;
692	692	35 (9) has been involuntarily committed, other than a temporary
693	693	36 commitment for observation or evaluation, to a mental
694	694	37 institution by a court, board, commission, or other lawful
695	695	38 authority;
696	696	39 (10) has been the subject of a:
697	697	40 (A) ninety (90) day commitment as a result of proceeding
698	698	41 under IC 12-26-6; or
699	699	42 (B) regular commitment under IC 12-26-7;
700	700	2022 IN 1132—LS 6555/DI 144 17
701	701	1 (11) has been found by a court to be mentally incompetent,
702	702	2 including being found:
703	703	3 (A) not guilty by reason of insanity;
704	704	4 (B) guilty but mentally ill; or
705	705	5 (C) incompetent to stand trial;
706	706	6 (12) is currently designated as dangerous (as defined in
707	707	7 IC 35-47-14-1) by a court following a hearing under
708	708	8 IC 35-47-14-6, unless the person has successfully petitioned
709	709	9 for the return of a firearm under IC 35-47-14-8; or
710	710	10 (13) is a child less than eighteen (18) years of age, unless
711	711	11 authorized under IC 35-47-10;
712	712	12 may not knowingly or intentionally possess or carry a handgun.
713	713	13 (d) (c) This section may not be construed:
714	714	14 (1) to prohibit a person who owns, leases, rents, or otherwise
715	715	15 legally controls private property from regulating or prohibiting the
716	716	16 possession of firearms on the private property;
717	717	17 (2) to allow a person to adopt or enforce an ordinance, resolution,
718	718	18 policy, or rule that:
719	719	19 (A) prohibits; or
720	720	20 (B) has the effect of prohibiting;
721	721	21 an employee of the person from possessing a firearm or
722	722	22 ammunition that is locked in the trunk of the employee's vehicle,
723	723	23 kept in the glove compartment of the employee's locked vehicle,
724	724	24 or stored out of plain sight in the employee's locked vehicle,
725	725	25 unless the person's adoption or enforcement of the ordinance,
726	726	26 resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
727	727	27 (3) to allow a person to adopt or enforce a law, statute, ordinance,
728	728	28 resolution, policy, or rule that allows a person to possess or
729	729	29 transport a firearm or ammunition if the person is prohibited from
730	730	30 possessing or transporting the firearm or ammunition by state or
731	731	31 federal law.
732	732	32 (e) (d) Except as provided in subsection (e), a person who
733	733	33 knowingly or intentionally violates this section subsection (b) commits
734	734	34 unlawful possession of a handgun, a Class A misdemeanor. However,
735	735	35 the offense is a Level 5 felony:
736	736	36 (1) if the offense is committed:
737	737	37 (A) on or in school property;
738	738	38 (B) within five hundred (500) feet of school property; or
739	739	39 (C) on a school bus; or
740	740	40 (2) if the person:
741	741	41 (A) has a prior conviction: of any offense under:
742	742	42 (i) of any offense under this section; or
743	743	2022 IN 1132—LS 6555/DI 144 18
744	744	1 (ii) of any offense under section 22 of this chapter; or
745	745	2 (iii) for carrying a handgun without a license (before its
746	746	3 repeal); or
747	747	4 (B) has been convicted of a felony within fifteen (15) years
748	748	5 before the date of the offense.
749	749	6 (e) A child who possesses or carries a firearm in violation of
750	750	7 IC 35-47-10 is subject to the penalties in IC 35-47-10.
751	751	8 SECTION 11. IC 35-47-2-2 IS REPEALED [EFFECTIVE JULY 1,
752	752	9 2022]. Sec. 2. Section 1 of this chapter does not apply to:
753	753	10 (1) marshals;
754	754	11 (2) sheriffs;
755	755	12 (3) the commissioner of the department of correction or persons
756	756	13 authorized by the commissioner in writing to carry firearms;
757	757	14 (4) judicial officers;
758	758	15 (5) law enforcement officers;
759	759	16 (6) members of the armed forces of the United States or of the
760	760	17 national guard or organized reserves while they are on duty;
761	761	18 (7) regularly enrolled members of any organization duly
762	762	19 authorized to purchase or receive such weapons from the United
763	763	20 States or from this state who are at or are going to or from their
764	764	21 place of assembly or target practice;
765	765	22 (8) employees of the United States duly authorized to carry
766	766	23 handguns;
767	767	24 (9) employees of express companies when engaged in company
768	768	25 business; or
769	769	26 (10) any person engaged in the business of manufacturing,
770	770	27 repairing, or dealing in firearms or the agent or representative of
771	771	28 any such person having in the person's possession, using, or
772	772	29 carrying a handgun in the usual or ordinary course of that
773	773	30 business.
774	774	31 SECTION 12. IC 35-47-2-2.1 IS REPEALED [EFFECTIVE JULY
775	775	32 1, 2022]. Sec. 2.1. (a) As used in this section, "protection order" means
776	776	33 a civil protection order issued under IC 34-26-5.
777	777	34 (b) A person may carry a handgun without a license if the person:
778	778	35 (1) has applied for a license to carry a handgun as described in
779	779	36 IC 35-47-2-3;
780	780	37 (2) is protected by a protection order;
781	781	38 (3) is at least eighteen (18) years of age; and
782	782	39 (4) is not otherwise barred by state or federal law from possessing
783	783	40 a handgun;
784	784	41 during the period described in subsection (c).
785	785	42 (c) A person described in subsection (b) may carry a handgun
786	786	2022 IN 1132—LS 6555/DI 144 19
787	787	1 without a license for a period ending sixty (60) days after the date the
788	788	2 protection order is issued.
789	789	3 SECTION 13. IC 35-47-2-3, AS AMENDED BY P.L.165-2021,
790	790	4 SECTION 196, IS AMENDED TO READ AS FOLLOWS
791	791	5 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) A person desiring a an
792	792	6 optional license to carry a handgun shall apply:
793	793	7 (1) to the chief of police or corresponding law enforcement officer
794	794	8 of the municipality in which the applicant resides;
795	795	9 (2) if that municipality has no such officer, or if the applicant does
796	796	10 not reside in a municipality, to the sheriff of the county in which
797	797	11 the applicant resides after the applicant has obtained an
798	798	12 application form prescribed by the superintendent; or
799	799	13 (3) if the applicant is a resident of another state and has a regular
800	800	14 place of business or employment in Indiana, to the sheriff of the
801	801	15 county in which the applicant has a regular place of business or
802	802	16 employment.
803	803	17 The superintendent and local law enforcement agencies shall allow an
804	804	18 applicant desiring to obtain or renew a license to carry a handgun to
805	805	19 submit an application electronically under this chapter if funds are
806	806	20 available to establish and maintain an electronic application system.
807	807	21 (b) This subsection applies before July 1, 2020. The law
808	808	22 enforcement agency which accepts an application for a handgun license
809	809	23 shall collect the following application fees:
810	810	24 (1) From a person applying for a four (4) year handgun license, a
811	811	25 ten dollar ($10) application fee, five dollars ($5) of which shall be
812	812	26 refunded if the license is not issued.
813	813	27 (2) From a person applying for a lifetime handgun license who
814	814	28 does not currently possess a valid Indiana handgun license, a fifty
815	815	29 dollar ($50) application fee, thirty dollars ($30) of which shall be
816	816	30 refunded if the license is not issued.
817	817	31 (3) From a person applying for a lifetime handgun license who
818	818	32 currently possesses a valid Indiana handgun license, a forty dollar
819	819	33 ($40) application fee, thirty dollars ($30) of which shall be
820	820	34 refunded if the license is not issued.
821	821	35 Except as provided in subsection (j), the fee shall be deposited into the
822	822	36 law enforcement agency's firearms training fund or other appropriate
823	823	37 training activities fund and used by the agency to train law enforcement
824	824	38 officers in the proper use of firearms or in other law enforcement
825	825	39 duties, or to purchase firearms, firearm related equipment, or body
826	826	40 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
827	827	41 employed by the law enforcement agency. The state board of accounts
828	828	42 shall establish rules for the proper accounting and expenditure of funds
829	829	2022 IN 1132—LS 6555/DI 144 20
830	830	1 collected under this subsection.
831	831	2 (c) This subsection applies after June 30, 2020, and before July 1,
832	832	3 2021. The law enforcement agency which accepts an application for a
833	833	4 handgun license shall not collect a fee from a person applying for a five
834	834	5 (5) year handgun license and shall collect the following application
835	835	6 fees:
836	836	7 (1) From a person applying for a lifetime handgun license who
837	837	8 does not currently possess a valid Indiana handgun license, a fifty
838	838	9 dollar ($50) application fee, thirty dollars ($30) of which shall be
839	839	10 refunded if the license is not issued.
840	840	11 (2) From a person applying for a lifetime handgun license who
841	841	12 currently possesses a valid Indiana handgun license, a forty dollar
842	842	13 ($40) application fee, thirty dollars ($30) of which shall be
843	843	14 refunded if the license is not issued.
844	844	15 Except as provided in subsection (j), the fee shall be deposited into the
845	845	16 law enforcement agency's firearms training fund or other appropriate
846	846	17 training activities fund and used by the agency to train law enforcement
847	847	18 officers in the proper use of firearms or in other law enforcement
848	848	19 duties, or to purchase firearms, firearm related equipment, or body
849	849	20 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
850	850	21 employed by the law enforcement agency. The state board of accounts
851	851	22 shall establish rules for the proper accounting and expenditure of funds
852	852	23 collected under this subsection.
853	853	24 (d) This subsection applies after June 30, 2021. The law
854	854	25 enforcement agency which accepts an application for a handgun license
855	855	26 shall not collect a fee from a person applying for a handgun license.
856	856	27 (e) The officer to whom the application is made shall ascertain the
857	857	28 applicant's name, full address, length of residence in the community,
858	858	29 whether the applicant's residence is located within the limits of any city
859	859	30 or town, the applicant's occupation, place of business or employment,
860	860	31 criminal record, if any, and convictions (minor traffic offenses
861	861	32 excepted), age, race, sex, nationality, date of birth, citizenship, height,
862	862	33 weight, build, color of hair, color of eyes, scars and marks, whether the
863	863	34 applicant has previously held an Indiana license to carry a handgun
864	864	35 and, if so, the serial number of the license and year issued, whether the
865	865	36 applicant's license has ever been suspended or revoked, and if so, the
866	866	37 year and reason for the suspension or revocation, and the applicant's
867	867	38 reason for desiring a license. If the applicant is not a United States
868	868	39 citizen, the officer to whom the application is made shall ascertain the
869	869	40 applicant's country of citizenship, place of birth, and any alien or
870	870	41 admission number issued by the United States Citizenship and
871	871	42 Immigration Services or United States Customs and Border Protection
872	872	2022 IN 1132—LS 6555/DI 144 21
873	873	1 or any successor agency as applicable. The officer to whom the
874	874	2 application is made shall conduct an investigation into the applicant's
875	875	3 official records and verify thereby the applicant's character and
876	876	4 reputation, and shall in addition verify for accuracy the information
877	877	5 contained in the application, and shall forward this information
878	878	6 together with the officer's recommendation for approval or disapproval
879	879	7 and one (1) set of legible and classifiable fingerprints of the applicant
880	880	8 to the superintendent. An investigation conducted under this section
881	881	9 must include the consulting of available local, state, and federal
882	882	10 criminal history data banks, including the National Instant Criminal
883	883	11 Background Check System (NICS), to determine whether possession
884	884	12 of a firearm by an applicant would be a violation of state or federal law.
885	885	13 (f) The superintendent may make whatever further investigation the
886	886	14 superintendent deems necessary. Whenever disapproval is
887	887	15 recommended, the officer to whom the application is made shall
888	888	16 provide the superintendent and the applicant with the officer's complete
889	889	17 and specific reasons, in writing, for the recommendation of
890	890	18 disapproval.
891	891	19 (g) If it appears to the superintendent that the applicant:
892	892	20 (1) has a proper reason for carrying a handgun;
893	893	21 (2) is of good character and reputation;
894	894	22 (3) is a proper person to be licensed; and
895	895	23 (4) is:
896	896	24 (A) a citizen of the United States; or
897	897	25 (B) not a citizen of the United States but is allowed to carry a
898	898	26 firearm in the United States under federal law;
899	899	27 the superintendent shall issue to the applicant a qualified or an
900	900	28 unlimited license to carry any handgun lawfully possessed by the
901	901	29 applicant. The original license shall be delivered to the licensee. A
902	902	30 copy shall be delivered to the officer to whom the application for
903	903	31 license was made. A copy shall be retained by the superintendent for
904	904	32 at least five (5) years in the case of a five (5) year license. The
905	905	33 superintendent may adopt guidelines to establish a records retention
906	906	34 policy for a lifetime license. A five (5) year license shall be valid for a
907	907	35 period of five (5) years from the date of issue. A lifetime license is
908	908	36 valid for the life of the individual receiving the license. The license of
909	909	37 police officers, sheriffs or their deputies, and law enforcement officers
910	910	38 of the United States government who have twenty (20) or more years
911	911	39 of service shall be valid for the life of these individuals. However, a
912	912	40 lifetime license is automatically revoked if the license holder does not
913	913	41 remain a proper person.
914	914	42 (h) At the time a license is issued and delivered to a licensee under
915	915	2022 IN 1132—LS 6555/DI 144 22
916	916	1 subsection (g), the superintendent shall include with the license
917	917	2 information concerning handgun safety rules that:
918	918	3 (1) neither opposes nor supports an individual's right to bear
919	919	4 arms; and
920	920	5 (2) is:
921	921	6 (A) recommended by a nonprofit educational organization that
922	922	7 is dedicated to providing education on safe handling and use
923	923	8 of firearms;
924	924	9 (B) prepared by the state police department; and
925	925	10 (C) approved by the superintendent.
926	926	11 The superintendent may not deny a license under this section because
927	927	12 the information required under this subsection is unavailable at the
928	928	13 time the superintendent would otherwise issue a license. The state
929	929	14 police department may accept private donations or grants to defray the
930	930	15 cost of printing and mailing the information required under this
931	931	16 subsection.
932	932	17 (i) A license to carry a handgun shall not be issued to any person
933	933	18 who:
934	934	19 (1) has been convicted of a felony;
935	935	20 (2) has had a license to carry a handgun suspended, unless the
936	936	21 person's license has been reinstated;
937	937	22 (3) is under eighteen (18) years of age;
938	938	23 (4) is under twenty-three (23) years of age if the person has been
939	939	24 adjudicated a delinquent child for an act that would be a felony if
940	940	25 committed by an adult;
941	941	26 (5) has been arrested for a Class A or Class B felony for an
942	942	27 offense committed before July 1, 2014, for a Level 1, Level 2,
943	943	28 Level 3, or Level 4 felony for an offense committed after June 30,
944	944	29 2014, or any other felony that was committed while armed with
945	945	30 a deadly weapon or that involved the use of violence, if a court
946	946	31 has found probable cause to believe that the person committed the
947	947	32 offense charged; or
948	948	33 (6) is prohibited by federal law from possessing or receiving
949	949	34 firearms under 18 U.S.C. 922(g).
950	950	35 In the case of an arrest under subdivision (5), a license to carry a
951	951	36 handgun may be issued to a person who has been acquitted of the
952	952	37 specific offense charged or if the charges for the specific offense are
953	953	38 dismissed. The superintendent shall prescribe all forms to be used in
954	954	39 connection with the administration of this chapter.
955	955	40 (j) If the law enforcement agency that charges a fee under
956	956	41 subsection (b) or (c) is a city or town law enforcement agency, the fee
957	957	42 shall be deposited in the law enforcement continuing education fund
958	958	2022 IN 1132—LS 6555/DI 144 23
959	959	1 established under IC 5-2-8-2.
960	960	2 (k) If a person who holds a valid license to carry a handgun issued
961	961	3 under this chapter:
962	962	4 (1) changes the person's name;
963	963	5 (2) changes the person's address; or
964	964	6 (3) experiences a change, including an arrest or a conviction, that
965	965	7 may affect the person's status as a proper person (as defined in
966	966	8 IC 35-47-1-7) or otherwise disqualify the person from holding a
967	967	9 license;
968	968	10 the person shall, not later than thirty (30) days after the date of a
969	969	11 change described under subdivision (3), and not later than sixty (60)
970	970	12 days after the date of the change described under subdivision (1) or (2),
971	971	13 notify the superintendent, in writing, of the event described under
972	972	14 subdivision (3) or, in the case of a change under subdivision (1) or (2),
973	973	15 the person's new name or new address.
974	974	16 (l) The state police shall indicate on the form for a license to carry
975	975	17 a handgun the notification requirements of subsection (k).
976	976	18 (m) The state police department shall adopt rules under IC 4-22-2
977	977	19 to
978	978	20 (1) implement an electronic application system under subsection
979	979	21 (a). and
980	980	22 (2) expedite the processing of an application made by a person
981	981	23 described in section 2.1(b) of this chapter.
982	982	24 Rules adopted under this section must require the superintendent to
983	983	25 keep on file one (1) set of classifiable and legible fingerprints from
984	984	26 every person who has received a license to carry a handgun so that a
985	985	27 person who applies to renew a license will not be required to submit an
986	986	28 additional set of fingerprints.
987	987	29 (n) Except as provided in subsection (o), for purposes of
988	988	30 IC 5-14-3-4(a)(1), the following information is confidential, may not
989	989	31 be published, and is not open to public inspection:
990	990	32 (1) Information submitted by a person under this section to:
991	991	33 (A) obtain; or
992	992	34 (B) renew;
993	993	35 a license to carry a handgun.
994	994	36 (2) Information obtained by a federal, state, or local government
995	995	37 entity in the course of an investigation concerning a person who
996	996	38 applies to:
997	997	39 (A) obtain; or
998	998	40 (B) renew;
999	999	41 a license to carry a handgun issued under this chapter.
1000	1000	42 (3) The name, address, and any other information that may be
1001	1001	2022 IN 1132—LS 6555/DI 144 24
1002	1002	1 used to identify a person who holds a license to carry a handgun
1003	1003	2 issued under this chapter.
1004	1004	3 (o) Notwithstanding subsection (n):
1005	1005	4 (1) any information concerning an applicant for or a person who
1006	1006	5 holds a license to carry a handgun issued under this chapter may
1007	1007	6 be released to a federal, state, or local government entity:
1008	1008	7 (A) for law enforcement purposes; or
1009	1009	8 (B) to determine the validity of a license to carry a handgun;
1010	1010	9 and
1011	1011	10 (2) general information concerning the issuance of licenses to
1012	1012	11 carry handguns in Indiana may be released to a person conducting
1013	1013	12 journalistic or academic research, but only if all personal
1014	1014	13 information that could disclose the identity of any person who
1015	1015	14 holds a license to carry a handgun issued under this chapter has
1016	1016	15 been removed from the general information.
1017	1017	16 (p) A person who knowingly or intentionally violates this section
1018	1018	17 commits a Class B misdemeanor.
1019	1019	18 SECTION 14. IC 35-47-2-4, AS AMENDED BY P.L.165-2021,
1020	1020	19 SECTION 197, IS AMENDED TO READ AS FOLLOWS
1021	1021	20 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) Licenses to carry handguns
1022	1022	21 shall be either qualified or unlimited, and are valid for:
1023	1023	22 (1) five (5) years from the date of issue in the case of a five (5)
1024	1024	23 year license; or
1025	1025	24 (2) the life of the individual receiving the license in the case of a
1026	1026	25 lifetime license.
1027	1027	26 A qualified license shall be issued for hunting and target practice. An
1028	1028	27 individual may separately apply for and simultaneously hold both a five
1029	1029	28 (5) year license and a lifetime license. The superintendent may adopt
1030	1030	29 rules imposing limitations on the use and carrying of handguns under
1031	1031	30 a license when handguns are carried by a licensee as a condition of
1032	1032	31 employment. Unlimited licenses shall be issued for the purpose of the
1033	1033	32 protection of life and property.
1034	1034	33 (b) This subsection applies before July 1, 2020. In addition to the
1035	1035	34 application fee, the fee for:
1036	1036	35 (1) a qualified license shall be:
1037	1037	36 (A) five dollars ($5) for a five (5) year qualified license;
1038	1038	37 (B) twenty-five dollars ($25) for a lifetime qualified license
1039	1039	38 from a person who does not currently possess a valid Indiana
1040	1040	39 handgun license; or
1041	1041	40 (C) twenty dollars ($20) for a lifetime qualified license from
1042	1042	41 a person who currently possesses a valid Indiana handgun
1043	1043	42 license; and
1044	1044	2022 IN 1132—LS 6555/DI 144 25
1045	1045	1 (2) an unlimited license shall be:
1046	1046	2 (A) thirty dollars ($30) for a five (5) year unlimited license;
1047	1047	3 (B) seventy-five dollars ($75) for a lifetime unlimited license
1048	1048	4 from a person who does not currently possess a valid Indiana
1049	1049	5 handgun license; or
1050	1050	6 (C) sixty dollars ($60) for a lifetime unlimited license from a
1051	1051	7 person who currently possesses a valid Indiana handgun
1052	1052	8 license.
1053	1053	9 The superintendent shall charge a twenty dollar ($20) fee for the
1054	1054	10 issuance of a duplicate license to replace a lost or damaged license.
1055	1055	11 These fees shall be deposited in accordance with subsection (h).
1056	1056	12 (c) This subsection applies after June 30, 2020, and before July 1,
1057	1057	13 2021. In addition to the application fee, the fee for:
1058	1058	14 (1) a qualified license is:
1059	1059	15 (A) zero dollars ($0) for a five (5) year qualified license;
1060	1060	16 (B) twenty-five dollars ($25) for a lifetime qualified license
1061	1061	17 from a person who does not currently possess a valid Indiana
1062	1062	18 handgun license; and
1063	1063	19 (C) twenty dollars ($20) for a lifetime qualified license from
1064	1064	20 a person who currently possesses a valid Indiana handgun
1065	1065	21 license; and
1066	1066	22 (2) an unlimited license is:
1067	1067	23 (A) zero dollars ($0) for a five (5) year unlimited license;
1068	1068	24 (B) seventy-five dollars ($75) for a lifetime unlimited license
1069	1069	25 from a person who does not currently possess a valid Indiana
1070	1070	26 handgun license; and
1071	1071	27 (C) sixty dollars ($60) for a lifetime unlimited license from a
1072	1072	28 person who currently possesses a valid Indiana handgun
1073	1073	29 license.
1074	1074	30 The superintendent shall charge a twenty dollar ($20) fee for the
1075	1075	31 issuance of a duplicate license to replace a lost or damaged license.
1076	1076	32 These fees shall be deposited in accordance with subsection (h).
1077	1077	33 (d) This subsection applies after June 30, 2021. There is no fee for
1078	1078	34 a qualified or unlimited license. The superintendent shall charge a
1079	1079	35 twenty dollar ($20) fee for the issuance of a duplicate license to replace
1080	1080	36 a lost or damaged license. This fee shall be deposited in accordance
1081	1081	37 with subsection (h).
1082	1082	38 (e) Licensed dealers are exempt from the payment of fees specified
1083	1083	39 in subsections (b) and (c) for a qualified license or an unlimited
1084	1084	40 license.
1085	1085	41 (f) The following officers of this state or the United States who have
1086	1086	42 been honorably retired by a lawfully created pension board or its
1087	1087	2022 IN 1132—LS 6555/DI 144 26
1088	1088	1 equivalent after at least twenty (20) years of service or because of a
1089	1089	2 disability are exempt from the payment of fees specified in subsections
1090	1090	3 (b) and (c):
1091	1091	4 (1) Police officers.
1092	1092	5 (2) Sheriffs or their deputies.
1093	1093	6 (3) Law enforcement officers.
1094	1094	7 (4) Correctional officers.
1095	1095	8 (g) The following officers described in section 3(g) of this chapter
1096	1096	9 who have at least twenty (20) years of service are exempt from the
1097	1097	10 payment of fees for a lifetime qualified license or a lifetime unlimited
1098	1098	11 license specified in subsections (b) and (c):
1099	1099	12 (1) Police officers.
1100	1100	13 (2) Sheriffs or their deputies.
1101	1101	14 (3) Law enforcement officers of the United States government.
1102	1102	15 (h) Fees collected under this section shall be deposited in the state
1103	1103	16 general fund.
1104	1104	17 (i) The superintendent may not issue a lifetime qualified license or
1105	1105	18 a lifetime unlimited license to a person who is a resident of another
1106	1106	19 state. The superintendent may issue a five (5) year qualified license or
1107	1107	20 a five (5) year unlimited license to a person who is a resident of another
1108	1108	21 state and who has a regular place of business or employment in Indiana
1109	1109	22 as described in section 3(a)(3) of this chapter.
1110	1110	23 (j) A person who knowingly or intentionally violates this section
1111	1111	24 commits a Class B misdemeanor.
1112	1112	25 SECTION 15. IC 35-47-2-24 IS REPEALED [EFFECTIVE JULY
1113	1113	26 1, 2022]. Sec. 24. (a) In an information or indictment brought for the
1114	1114	27 enforcement of any provision of this chapter, it is not necessary to
1115	1115	28 negate any exemption specified under this chapter, or to allege the
1116	1116	29 absence of a license required under this chapter. The burden of proof
1117	1117	30 is on the defendant to prove that he is exempt under section 2 of this
1118	1118	31 chapter, or that he has a license as required under this chapter.
1119	1119	32 (b) Whenever a person who has been arrested or charged with a
1120	1120	33 violation of section 1 of this chapter presents a valid license to the
1121	1121	34 prosecuting attorney or establishes that he is exempt under section 2 of
1122	1122	35 this chapter, any prosecution for a violation of section 1 of this chapter
1123	1123	36 shall be dismissed immediately, and all records of an arrest or
1124	1124	37 proceedings following arrest shall be destroyed immediately.
1125	1125	38 SECTION 16. IC 35-47-11.1-4, AS AMENDED BY P.L.147-2014,
1126	1126	39 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1127	1127	40 JULY 1, 2022]: Sec. 4. This chapter may not be construed to prevent
1128	1128	41 any of the following:
1129	1129	42 (1) A law enforcement agency of a political subdivision from
1130	1130	2022 IN 1132—LS 6555/DI 144 27
1131	1131	1 enacting and enforcing regulations pertaining to firearms,
1132	1132	2 ammunition, or firearm accessories issued to or used by law
1133	1133	3 enforcement officers in the course of their official duties.
1134	1134	4 (2) Subject to IC 34-28-7-2, an employer from regulating or
1135	1135	5 prohibiting the employees of the employer from carrying firearms
1136	1136	6 and ammunition in the course of the employee's official duties.
1137	1137	7 (3) A court or administrative law judge from hearing and
1138	1138	8 resolving any case or controversy or issuing any opinion or order
1139	1139	9 on a matter within the jurisdiction of the court or judge.
1140	1140	10 (4) The enactment or enforcement of generally applicable zoning
1141	1141	11 or business ordinances that apply to firearms businesses to the
1142	1142	12 same degree as other similar businesses. However, a provision of
1143	1143	13 an ordinance that is designed or enforced to effectively restrict or
1144	1144	14 prohibit the sale, purchase, transfer, manufacture, or display of
1145	1145	15 firearms, ammunition, or firearm accessories that is otherwise
1146	1146	16 lawful under the laws of this state is void. A unit (as defined in
1147	1147	17 IC 36-1-2-23) may not use the unit's planning and zoning powers
1148	1148	18 under IC 36-7-4 to prohibit the sale of firearms within a
1149	1149	19 prescribed distance of any other type of commercial property or
1150	1150	20 of school property or other educational property.
1151	1151	21 (5) Subject to IC 35-47-16-1, the enactment or enforcement of a
1152	1152	22 provision prohibiting or restricting the possession of a firearm in
1153	1153	23 any building that contains the courtroom of a circuit, superior,
1154	1154	24 city, town, or small claims court. However, if a portion of the
1155	1155	25 building is occupied by a residential tenant or private business,
1156	1156	26 any provision restricting or prohibiting the possession of a firearm
1157	1157	27 does not apply to the portion of the building that is occupied by
1158	1158	28 the residential tenant or private business, or to common areas of
1159	1159	29 the building used by a residential tenant or private business.
1160	1160	30 (6) The enactment or enforcement of a provision prohibiting or
1161	1161	31 restricting the intentional display of a firearm at a public meeting.
1162	1162	32 (7) The enactment or enforcement of a provision prohibiting or
1163	1163	33 restricting the possession of a firearm in a public hospital
1164	1164	34 corporation that contains a secure correctional health unit that is
1165	1165	35 staffed by a law enforcement officer twenty-four (24) hours a day.
1166	1166	36 (8) The imposition of any restriction or condition placed on a
1167	1167	37 person participating in:
1168	1168	38 (A) a community corrections program (IC 11-12-1);
1169	1169	39 (B) a forensic diversion program (IC 11-12-3.7); or
1170	1170	40 (C) a pretrial diversion program (IC 33-39-1).
1171	1171	41 (9) The enforcement or prosecution of the offense of criminal
1172	1172	42 recklessness (IC 35-42-2-2) involving the use of a firearm.
1173	1173	2022 IN 1132—LS 6555/DI 144 28
1174	1174	1 (10) For an event occurring on property leased from a political
1175	1175	2 subdivision or municipal corporation by the promoter or organizer
1176	1176	3 of the event:
1177	1177	4 (A) the establishment, by the promoter or organizer, at the
1178	1178	5 promoter's or organizer's own discretion, of rules of conduct or
1179	1179	6 admission upon which attendance at or participation in the
1180	1180	7 event is conditioned; or
1181	1181	8 (B) the implementation or enforcement of the rules of conduct
1182	1182	9 or admission described in clause (A) by a political subdivision
1183	1183	10 or municipal corporation in connection with the event.
1184	1184	11 (11) The enactment or enforcement of a provision prohibiting or
1185	1185	12 restricting the possession of a firearm in a hospital established
1186	1186	13 and operated under IC 16-22-2 or IC 16-23.
1187	1187	14 (12) A unit from using the unit's planning and zoning powers
1188	1188	15 under IC 36-7-4 to prohibit the sale of firearms within two
1189	1189	16 hundred (200) feet of a school by a person having a business that
1190	1190	17 did not sell firearms within two hundred (200) feet of a school
1191	1191	18 before April 1, 1994.
1192	1192	19 (13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
1193	1193	20 from enacting or enforcing a provision prohibiting or restricting
1194	1194	21 the possession of a firearm in a building owned or administered
1195	1195	22 by the unit if:
1196	1196	23 (A) metal detection devices are located at each public entrance
1197	1197	24 to the building;
1198	1198	25 (B) each public entrance to the building is staffed by at least
1199	1199	26 one (1) law enforcement officer:
1200	1200	27 (i) who has been adequately trained to conduct inspections
1201	1201	28 of persons entering the building by use of metal detection
1202	1202	29 devices and proper physical pat down searches; and
1203	1203	30 (ii) when the building is open to the public; and
1204	1204	31 (C) each:
1205	1205	32 (i) individual who enters the building through the public
1206	1206	33 entrance when the building is open to the public; and
1207	1207	34 (ii) bag, package, and other container carried by the
1208	1208	35 individual;
1209	1209	36 is inspected by a law enforcement officer described in clause
1210	1210	37 (B).
1211	1211	38 However, except as provided in subdivision (5) concerning a
1212	1212	39 building that contains a courtroom, a unit may not prohibit or
1213	1213	40 restrict the possession of a handgun under this subdivision in a
1214	1214	41 building owned or administered by the unit if the person who
1215	1215	42 possesses the handgun has been issued a valid license to carry the
1216	1216	2022 IN 1132—LS 6555/DI 144 29
1217	1217	1 handgun under IC 35-47-2. is not otherwise prohibited from
1218	1218	2 carrying or possessing a handgun.
1219	1219	2022 IN 1132—LS 6555/DI 144