Second Regular Session of the 122nd General Assembly (2022)
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 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1296
AN ACT to amend the Indiana Code concerning criminal law and
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-2-1-9, AS AMENDED BY P.L.187-2021,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 9. (a) The board shall adopt in accordance with
IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
The rules, which shall be adopted only after necessary and proper
investigation and inquiry by the board, shall include the establishment
of the following:
(1) Minimum standards of physical, educational, mental, and
moral fitness which shall govern the acceptance of any person for
training by any law enforcement training school or academy
meeting or exceeding the minimum standards established
pursuant to this chapter.
(2) Minimum standards for law enforcement training schools
administered by towns, cities, counties, law enforcement training
centers, agencies, or departments of the state.
(3) Minimum standards for courses of study, attendance
requirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserve officer,
and conservation reserve officer training schools.
(4) Minimum standards for a course of study on cultural diversity
awareness, including training on the U nonimmigrant visa created
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through the federal Victims of Trafficking and Violence
Protection Act of 2000 (P.L. 106-386) that must be required for
each person accepted for training at a law enforcement training
school or academy. Cultural diversity awareness study must
include an understanding of cultural issues related to race,
religion, gender, age, domestic violence, national origin, and
physical and mental disabilities.
(5) Minimum qualifications for instructors at approved law
enforcement training schools.
(6) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(7) Minimum basic training requirements which law enforcement
officers appointed on other than a permanent basis shall complete
in order to be eligible for continued employment or permanent
appointment.
(8) Minimum basic training requirements which law enforcement
officers appointed on a permanent basis shall complete in order
to be eligible for continued employment.
(9) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with:
(A) persons with autism, mental illness, addictive disorders,
intellectual disabilities, and developmental disabilities;
(B) missing endangered adults (as defined in IC 12-7-2-131.3);
and
(C) persons with Alzheimer's disease or related senile
dementia;
to be provided by persons approved by the secretary of family and
social services and the board. The training must include an
overview of the crisis intervention teams.
(10) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person accepted
for training at a law enforcement training school or academy and
for inservice training programs for law enforcement officers. The
course must cover the following topics:
(A) Examination of the human and sexual trafficking laws (IC
35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
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(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration of
Law Enforcement Officer for Victim of Trafficking in Persons
(Form I-914, Supplement B) requirements established under
federal law.
(H) The availability of community resources to assist human
and sexual trafficking victims.
(11) Minimum standards for ongoing specialized, intensive, and
integrative training for persons responsible for investigating
sexual assault cases involving adult victims. This training must
include instruction on:
(A) the neurobiology of trauma;
(B) trauma informed interviewing; and
(C) investigative techniques.
(12) Minimum standards for de-escalation training. De-escalation
training shall be taught as a part of existing use-of-force training
and not as a separate topic.
(b) A law enforcement officer appointed after July 5, 1972, and
before July 1, 1993, may not enforce the laws or ordinances of the state
or any political subdivision unless the officer has, within one (1) year
from the date of appointment, successfully completed the minimum
basic training requirements established under this chapter by the board.
If a person fails to successfully complete the basic training
requirements within one (1) year from the date of employment, the
officer may not perform any of the duties of a law enforcement officer
involving control or direction of members of the public or exercising
the power of arrest until the officer has successfully completed the
training requirements. This subsection does not apply to any law
enforcement officer appointed before July 6, 1972, or after June 30,
1993.
(c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which shall be calculated
by the aggregate of the time before and after the leave, for the purposes
of this chapter.
(d) Except as provided in subsections (e), (m), (t), and (u), a law
enforcement officer appointed to a law enforcement department or
agency after June 30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
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certified law enforcement academy or at a law enforcement training
center under section 10.5 or 15.2 of this chapter, the basic training
requirements established by the board under this chapter.
(e) This subsection does not apply to:
(1) a gaming agent employed as a law enforcement officer by the
Indiana gaming commission; or
(2) an:
(A) attorney; or
(B) investigator;
designated by the securities commissioner as a police officer of
the state under IC 23-19-6-1(k).
Before a law enforcement officer appointed after June 30, 1993,
completes the basic training requirements, the law enforcement officer
may exercise the police powers described in subsection (d) if the
officer successfully completes the pre-basic course established in
subsection (f). Successful completion of the pre-basic course authorizes
a law enforcement officer to exercise the police powers described in
subsection (d) for one (1) year after the date the law enforcement
officer is appointed.
(f) The board shall adopt rules under IC 4-22-2 to establish a
pre-basic course for the purpose of training:
(1) law enforcement officers;
(2) police reserve officers (as described in IC 36-8-3-20); and
(3) conservation reserve officers (as described in IC 14-9-8-27);
regarding the subjects of arrest, search and seizure, the lawful use of
force, de-escalation training, interacting with individuals with autism,
and the operation of an emergency vehicle. The pre-basic course must
be offered on a periodic basis throughout the year at regional sites
statewide. The pre-basic course must consist of at least forty (40) hours
of course work. The board may prepare the classroom part of the
pre-basic course using available technology in conjunction with live
instruction. The board shall provide the course material, the instructors,
and the facilities at the regional sites throughout the state that are used
for the pre-basic course. In addition, the board may certify pre-basic
courses that may be conducted by other public or private training
entities, including postsecondary educational institutions.
(g) Subject to subsection (h), the board shall adopt rules under
IC 4-22-2 to establish a mandatory inservice training program for
police officers and police reserve officers (as described in
IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
satisfactorily completed basic training and has been appointed to a law
enforcement department or agency on either a full-time or part-time
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basis is not eligible for continued employment unless the officer
satisfactorily completes the mandatory inservice training requirements
established by rules adopted by the board. Inservice training must
include de-escalation training. Inservice training must also include
training in interacting with persons with mental illness, addictive
disorders, intellectual disabilities, autism, developmental disabilities,
and Alzheimer's disease or related senile dementia, to be provided by
persons approved by the secretary of family and social services and the
board, and training concerning human and sexual trafficking and high
risk missing persons (as defined in IC 5-2-17-1). The board may
approve courses offered by other public or private training entities,
including postsecondary educational institutions, as necessary in order
to ensure the availability of an adequate number of inservice training
programs. The board may waive an officer's inservice training
requirements if the board determines that the officer's reason for
lacking the required amount of inservice training hours is due to either
an emergency situation or the unavailability of courses.
(h) This subsection applies only to a mandatory inservice training
program under subsection (g). Notwithstanding subsection (g), the
board may, without adopting rules under IC 4-22-2, modify the course
work of a training subject matter, modify the number of hours of
training required within a particular subject matter, or add a new
subject matter, if the board satisfies the following requirements:
(1) The board must conduct at least two (2) public meetings on
the proposed modification or addition.
(2) After approving the modification or addition at a public
meeting, the board must post notice of the modification or
addition on the Indiana law enforcement academy's Internet web
site at least thirty (30) days before the modification or addition
takes effect.
If the board does not satisfy the requirements of this subsection, the
modification or addition is void. This subsection does not authorize the
board to eliminate any inservice training subject matter required under
subsection (g).
(i) The board shall also adopt rules establishing a town marshal
basic training program, subject to the following:
(1) The program must require fewer hours of instruction and class
attendance and fewer courses of study than are required for the
mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill requirements
of the program.
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(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only in
towns employing the town marshal system (IC 36-5-7) and having
not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply to an
officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the town marshal
basic training program.
(6) The program must require training in interacting with
individuals with autism.
(j) The board shall adopt rules under IC 4-22-2 to establish an
executive training program. The executive training program must
include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Lawful use of force and de-escalation training.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(k) A police chief shall apply for admission to the executive training
program within two (2) months of the date the police chief initially
takes office. A police chief must successfully complete the executive
training program within six (6) months of the date the police chief
initially takes office. However, if space in the executive training
program is not available at a time that will allow completion of the
executive training program within six (6) months of the date the police
chief initially takes office, the police chief must successfully complete
the next available executive training program that is offered after the
police chief initially takes office.
(l) A police chief who fails to comply with subsection (k) may not
continue to serve as the police chief until completion of the executive
training program. For the purposes of this subsection and subsection
(k), "police chief" refers to:
(1) the police chief of any city;
(2) the police chief of any town having a metropolitan police
department; and
(3) the chief of a consolidated law enforcement department
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established under IC 36-3-1-5.1.
A town marshal is not considered to be a police chief for these
purposes, but a town marshal may enroll in the executive training
program.
(m) A fire investigator in the department of homeland security
appointed after December 31, 1993, is required to comply with the
basic training standards established under this chapter.
(n) The board shall adopt rules under IC 4-22-2 to establish a
program to certify handgun safety courses, including courses offered
in the private sector, that meet standards approved by the board for
training probation officers in handgun safety as required by
IC 11-13-1-3.5(3). IC 11-13-1-3.5(2).
(o) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) has not been employed as a law enforcement officer for:
(A) at least two (2) years; and
(B) less than six (6) years before the officer is hired under
subdivision (1); and
(3) completed at any time a basic training course certified or
recognized by the board before the officer is hired under
subdivision (1).
(p) An officer to whom subsection (o) applies must successfully
complete the refresher course described in subsection (o) not later than
six (6) months after the officer's date of hire, or the officer loses the
officer's powers of:
(1) arrest;
(2) search; and
(3) seizure.
(q) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is appointed by an Indiana law enforcement department or
agency as a reserve police officer; and
(2) has not worked as a reserve police officer for at least two (2)
years after:
(A) completing the pre-basic course; or
(B) leaving the individual's last appointment as a reserve
police officer.
An officer to whom this subsection applies must successfully complete
the refresher course established by the board in order to work as a
reserve police officer.
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(r) This subsection applies to an individual who, at the time the
individual completes a board certified or recognized basic training
course, has not been appointed as a law enforcement officer by an
Indiana law enforcement department or agency. If the individual is not
employed as a law enforcement officer for at least two (2) years after
completing the basic training course, the individual must successfully
retake and complete the basic training course as set forth in subsection
(d).
(s) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an individual who:
(1) is appointed as a board certified instructor of law enforcement
training; and
(2) has not provided law enforcement training instruction for
more than one (1) year after the date the individual's instructor
certification expired.
An individual to whom this subsection applies must successfully
complete the refresher course established by the board in order to
renew the individual's instructor certification.
(t) This subsection applies only to a gaming agent employed as a
law enforcement officer by the Indiana gaming commission. A gaming
agent appointed after June 30, 2005, may exercise the police powers
described in subsection (d) if:
(1) the agent successfully completes the pre-basic course
established in subsection (f); and
(2) the agent successfully completes any other training courses
established by the Indiana gaming commission in conjunction
with the board.
(u) This subsection applies only to a securities enforcement officer
designated as a law enforcement officer by the securities
commissioner. A securities enforcement officer may exercise the police
powers described in subsection (d) if:
(1) the securities enforcement officer successfully completes the
pre-basic course established in subsection (f); and
(2) the securities enforcement officer successfully completes any
other training courses established by the securities commissioner
in conjunction with the board.
(v) As used in this section, "upper level policymaking position"
refers to the following:
(1) If the authorized size of the department or town marshal
system is not more than ten (10) members, the term refers to the
position held by the police chief or town marshal.
(2) If the authorized size of the department or town marshal
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system is more than ten (10) members but less than fifty-one (51)
members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next rank and pay
grade immediately below the police chief or town marshal.
(3) If the authorized size of the department or town marshal
system is more than fifty (50) members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next two (2) ranks
and pay grades immediately below the police chief or town
marshal.
(w) This subsection applies only to a correctional police officer
employed by the department of correction. A correctional police officer
may exercise the police powers described in subsection (d) if:
(1) the officer successfully completes the pre-basic course
described in subsection (f); and
(2) the officer successfully completes any other training courses
established by the department of correction in conjunction with
the board.
(x) This subsection applies only to the sexual assault training
described in subsection (a)(11). The board shall:
(1) consult with experts on the neurobiology of trauma, trauma
informed interviewing, and investigative techniques in developing
the sexual assault training; and
(2) develop the sexual assault training and begin offering the
training not later than July 1, 2022.
(y) After July 1, 2023, a law enforcement officer who regularly
investigates sexual assaults involving adult victims must complete the
training requirements described in subsection (a)(11) within one (1)
year of being assigned to regularly investigate sexual assaults involving
adult victims.
(z) A law enforcement officer who regularly investigates sexual
assaults involving adult victims may complete the training
requirements described in subsection (a)(11) by attending a:
(1) statewide or national training; or
(2) department hosted local training.
(aa) Notwithstanding any other provisions of this section, the board
is authorized to establish certain required standards of training and
procedure.
SECTION 2. IC 11-13-1-3.5, AS AMENDED BY P.L.4-2017,
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SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3.5. A probation officer may not carry a handgun
as described in IC 35-47-2-1 in any vehicle or on or about the
probation officer's body while acting in the scope of employment as
a probation officer unless all of the following conditions are met:
(1) The appointing court enters an order authorizing the probation
officer to carry the handgun while on duty.
(2) The probation officer is issued a license to carry the handgun
under IC 35-47-2.
(3) (2) The probation officer successfully completes a handgun
safety course certified by the law enforcement training board
under IC 5-2-1-9(n).
SECTION 3. IC 14-16-1-23, AS AMENDED BY P.L.35-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 23. (a) An individual shall not operate a vehicle
under any of the following conditions:
(1) At a rate of speed greater than is reasonable and proper having
due regard for existing conditions or in a manner that
unnecessarily endangers the person or property of another.
(2) While:
(A) under the influence of an alcoholic beverage; or
(B) unlawfully under the influence of a narcotic or other habit
forming or dangerous depressant or stimulant drug.
(3) During the hours from thirty (30) minutes after sunset to thirty
(30) minutes before sunrise without displaying a lighted headlight
and a lighted taillight.
(4) In a forest nursery, a planting area, or public land posted or
reasonably identified as an area of forest or plant reproduction
and when growing stock may be damaged.
(5) On the frozen surface of public waters within:
(A) one hundred (100) feet of an individual not in or upon a
vehicle; or
(B) one hundred (100) feet of a fishing shanty or shelter;
except at a speed of not more than five (5) miles per hour.
(6) Unless the vehicle is equipped with a muffler in good working
order and in constant operation to prevent excessive or unusual
noise and annoying smoke.
(7) Within one hundred (100) feet of a dwelling between midnight
and 6:00 a.m., except on the individual's own property or property
under the individual's control or as an invited guest.
(8) On any property without the consent of the landowner or
tenant.
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(9) While transporting on or in the vehicle a firearm, unless the
firearm is:
(A) unloaded; and
(B) securely encased or equipped with and made inoperative
by a manufactured keylocked trigger housing mechanism.
(10) On or across a cemetery or burial ground.
(11) Within one hundred (100) feet of a slide, ski, or skating area,
except for the purpose of servicing the area.
(12) On a railroad track or railroad right-of-way, except railroad
personnel in the performance of duties.
(13) In or upon a flowing river, stream, or creek, except for the
purpose of crossing by the shortest possible route, unless the
river, stream, or creek is of sufficient water depth to permit
movement by flotation of the vehicle at all times.
(14) An individual shall not operate a vehicle while a bow is
present in or on the vehicle if the nock of an arrow is in position
on the string of the bow.
(b) Subsection (a)(9) does not apply to a person who is carrying a
firearm:
(1) if:
(A) the firearm is a handgun; and
(B) the person has been issued an unlimited handgun license
to carry a handgun under IC 35-47-2; is not otherwise
prohibited from possessing a firearm under state or
federal law;
(2) if:
(A) the firearm is a handgun; and
(B) the person is not required to possess a license to carry a
handgun under IC 35-47-2-2; or
(3) (2) if the person carrying the firearm is operating the vehicle
on property that the person:
(A) owns;
(B) has a contractual interest in;
(C) otherwise legally possesses; or
(D) has permission from a person described in clauses (A)
through (C) to possess a firearm on.
SECTION 4. IC 31-30-1-4, AS AMENDED BY P.L.28-2016,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 4. (a) The juvenile court does not have jurisdiction
over an individual for an alleged violation of:
(1) IC 35-41-5-1(a) (attempted murder);
(2) IC 35-42-1-1 (murder);
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(3) IC 35-42-3-2 (kidnapping);
(4) IC 35-42-4-1 (rape);
(5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
(6) IC 35-42-5-1 (robbery) if:
(A) the robbery was committed while armed with a deadly
weapon; or
(B) the robbery results in bodily injury or serious bodily
injury;
(7) IC 35-42-5-2 (carjacking) (before its repeal);
(8) IC 35-47-2-1 (carrying a handgun without a license), if
charged as a felony; IC 35-47-2-1.5 (unlawful carrying of a
handgun), if charged as a felony;
(9) IC 35-47-10 (children and firearms), if charged as a felony; or
(10) any offense that may be joined under IC 35-34-1-9(a)(2) with
any crime listed in this subsection;
if the individual was at least sixteen (16) years of age but less than
eighteen (18) years of age at the time of the alleged violation.
(b) Once an individual described in subsection (a) has been charged
with any offense listed in subsection (a), the court having adult
criminal jurisdiction shall retain jurisdiction over the case if the
individual pleads guilty to or is convicted of any offense listed in
subsection (a)(1) through (a)(9).
(c) If:
(1) an individual described in subsection (a) is charged with one
(1) or more offenses listed in subsection (a);
(2) all the charges under subsection (a)(1) through (a)(9) resulted
in an acquittal or were dismissed; and
(3) the individual pleads guilty to or is convicted of any offense
other than an offense listed in subsection (a)(1) through (a)(9);
the court having adult criminal jurisdiction may withhold judgment and
transfer jurisdiction to the juvenile court for adjudication and
disposition. In determining whether to transfer jurisdiction to the
juvenile court for adjudication and disposition, the court having adult
criminal jurisdiction shall consider whether there are appropriate
services available in the juvenile justice system, whether the child is
amenable to rehabilitation under the juvenile justice system, and
whether it is in the best interests of the safety and welfare of the
community that the child be transferred to juvenile court. All orders
concerning release conditions remain in effect until a juvenile court
detention hearing, which must be held not later than forty-eight (48)
hours, excluding Saturdays, Sundays, and legal holidays, after the order
of transfer of jurisdiction.
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SECTION 5. IC 35-31.5-2-78, AS AMENDED BY P.L.40-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 78. "Crime of domestic violence", for purposes of
IC 5-2-6.1, IC 35-38-9, IC 35-47-2-1.5, and IC 35-47-4-7, means an
offense or the attempt to commit an offense that:
(1) has as an element the:
(A) use of physical force; or
(B) threatened use of a deadly weapon; and
(2) is committed against a family or household member, as
defined in section 128 of this chapter.
SECTION 6. IC 35-33-1-1, AS AMENDED BY P.L.65-2016,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1. (a) A law enforcement officer may arrest a
person when the officer has:
(1) a warrant commanding that the person be arrested;
(2) probable cause to believe the person has committed or
attempted to commit, or is committing or attempting to commit,
a felony;
(3) probable cause to believe the person has violated the
provisions of IC 9-26-1-1.1 or IC 9-30-5;
(4) probable cause to believe the person is committing or
attempting to commit a misdemeanor in the officer's presence;
(5) probable cause to believe the person has committed a:
(A) battery resulting in bodily injury under IC 35-42-2-1; or
(B) domestic battery under IC 35-42-2-1.3.
The officer may use an affidavit executed by an individual alleged
to have direct knowledge of the incident alleging the elements of
the offense of battery to establish probable cause;
(6) probable cause to believe that the person violated
IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
(7) probable cause to believe that the person violated
IC 35-47-2-1 (carrying a handgun without a license)
IC 35-47-2-1.5 (unlawful carrying of a handgun) or
IC 35-47-2-22 (counterfeit handgun license);
(8) probable cause to believe that the person is violating or has
violated an order issued under IC 35-50-7;
(9) probable cause to believe that the person is violating or has
violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
device);
(10) probable cause to believe that the person is:
(A) violating or has violated IC 35-45-2-5 (interference with
the reporting of a crime); and
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(B) interfering with or preventing the reporting of a crime
involving domestic or family violence (as defined in
IC 34-6-2-34.5);
(11) probable cause to believe that the person has committed theft
(IC 35-43-4-2);
(12) a removal order issued for the person by an immigration
court;
(13) a detainer or notice of action for the person issued by the
United States Department of Homeland Security; or
(14) probable cause to believe that the person has been indicted
for or convicted of one (1) or more aggravated felonies (as
defined in 8 U.S.C. 1101(a)(43)).
(b) A person who:
(1) is employed full time as a federal enforcement officer;
(2) is empowered to effect an arrest with or without warrant for a
violation of the United States Code; and
(3) is authorized to carry firearms in the performance of the
person's duties;
may act as an officer for the arrest of offenders against the laws of this
state where the person reasonably believes that a felony has been or is
about to be committed or attempted in the person's presence.
SECTION 7. IC 35-43-4-2, AS AMENDED BY P.L.70-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) A person who knowingly or intentionally
exerts unauthorized control over property of another person, with intent
to deprive the other person of any part of its value or use, commits
theft, a Class A misdemeanor. However, the offense is:
(1) a Level 6 felony if:
(A) the value of the property is at least seven hundred fifty
dollars ($750) and less than fifty thousand dollars ($50,000);
(B) the property is a:
(i) firearm;
(ii) (i) motor vehicle (as defined in IC 9-13-2-105(a)); or
(iii) (ii) component part (as defined in IC 9-13-2-34) of a
motor vehicle; or
(C) the person has a prior unrelated conviction for:
(i) theft under this section;
(ii) criminal conversion under section 3 of this chapter;
(iii) robbery under IC 35-42-5-1; or
(iv) burglary under IC 35-43-2-1; and
(2) a Level 5 felony if:
(A) the value of the property is at least fifty thousand dollars
HEA 1296 — CC 1 15
($50,000);
(B) the property that is the subject of the theft is a valuable
metal (as defined in IC 25-37.5-1-1) and:
(i) relates to transportation safety;
(ii) relates to public safety; or
(iii) is taken from a hospital or other health care facility,
telecommunications provider, public utility (as defined in
IC 32-24-1-5.9(a)), or critical infrastructure facility;
and the absence of the property creates a substantial risk of
bodily injury to a person; or
(C) the property is a:
(i) motor vehicle (as defined in IC 9-13-2-105(a)); or
(ii) component part (as defined in IC 9-13-2-34) of a motor
vehicle; and
the person has a prior unrelated conviction for theft of a motor
vehicle (as defined in IC 9-13-2-105(a)) or theft of a
component part (as defined in IC 9-13-2-34); and
(3) a Level 5 felony if the property is a firearm.
(b) For purposes of this section, "the value of property" means:
(1) the fair market value of the property at the time and place the
offense was committed; or
(2) if the fair market value of the property cannot be satisfactorily
determined, the cost to replace the property within a reasonable
time after the offense was committed.
A price tag or price marking on property displayed or offered for sale
constitutes prima facie evidence of the value of the property.
(c) If the offense described in subsection (a) is committed by a
public servant who exerted unauthorized control over public funds (as
defined by IC 5-22-2-23) from the public servant's employer, the
employer may be reimbursed in accordance with IC 2-3.5-4-11,
IC 2-3.5-5-9, IC 5-10-5.5-19, IC 5-10.3-8-9, IC 5-10.4-5-14,
IC 10-12-2-10, IC 33-38-6-19.5, IC 33-39-7-10.5, IC 36-8-6-14,
IC 36-8-7-22, IC 36-8-7.5-19, or IC 36-8-8-17.
SECTION 8. IC 35-47-2-1, AS AMENDED BY P.L.221-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1. (a) Except as provided in subsections (b) and
(c) and sections 2 through 2.1 of this chapter, a person shall not carry
a handgun in any vehicle or on or about the person's body without
being licensed under this chapter to carry a handgun. A person who
meets the following requirements may carry a handgun in the
manner described in subsection (b):
(1) The person is not prohibited from possessing or carrying
HEA 1296 — CC 1 16
a handgun under federal law as in effect on January 1, 2022.
(2) Notwithstanding section 1.5 of this chapter, the person is
not otherwise prohibited under state law from possessing or
carrying a handgun.
(3) The person does not meet the requirements under
IC 35-47-2-3 to receive a license to carry a handgun in
Indiana.
(b) Except as provided in subsection (c), A person may carry a
handgun without being licensed under this chapter to carry a handgun
if:
(1) the person carries the handgun on or about the person's body
in or on property that is owned, leased, rented, or otherwise
legally controlled by the person;
(2) the person carries the handgun on or about the person's body
while lawfully present in or on property that is owned, leased,
rented, or otherwise legally controlled by another person, if the
person:
(A) has the consent of the owner, renter, lessor, or person who
legally controls the property to have the handgun on the
premises;
(B) is attending a firearms related event on the property,
including a gun show, firearms expo, gun owner's club or
convention, hunting club, shooting club, or training course; or
(C) is on the property to receive firearms related services,
including the repair, maintenance, or modification of a
firearm;
(3) the person carries the handgun in a vehicle that is owned,
leased, rented, or otherwise legally controlled by the person, if the
handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case;
(4) the person carries the handgun while lawfully present in a
vehicle that is owned, leased, rented, or otherwise legally
controlled by another person, if the handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case; or
(5) the person carries the handgun:
(A) at a shooting range (as defined in IC 14-22-31.5-3);
(B) while attending a firearms instructional course; or
(C) while engaged in a legal hunting activity. or
HEA 1296 — CC 1 17
(6) the person is permitted to carry a handgun without a license
under section 2.1 of this chapter (persons protected by a
protection order).
(c) Unless the person's right to possess a firearm has been restored
under IC 35-47-4-7, a person who has been convicted of domestic
battery under IC 35-42-2-1.3 may not possess or carry a handgun.
(d) (c) This section chapter may not be construed:
(1) to prohibit a person who owns, leases, rents, or otherwise
legally controls private property from regulating or prohibiting the
possession of firearms on the private property;
(2) to allow a person to adopt or enforce an ordinance, resolution,
policy, or rule that:
(A) prohibits; or
(B) has the effect of prohibiting;
an employee of the person from possessing a firearm or
ammunition that is locked in the trunk of the employee's vehicle,
kept in the glove compartment of the employee's locked vehicle,
or stored out of plain sight in the employee's locked vehicle,
unless the person's adoption or enforcement of the ordinance,
resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
(3) to allow a person to adopt or enforce a law, statute, ordinance,
resolution, policy, or rule that allows a person to possess or
transport a firearm or ammunition if the person is prohibited from
possessing or transporting the firearm or ammunition by state or
federal law.
(d) Nothing in this chapter may be construed to affect the status
or validity of a five (5) year or lifetime license to carry a handgun
issued by the superintendent before July 1, 2022. Any license
described under this subsection shall remain valid for the duration
of the license or the lifetime of the licensee, as applicable.
(e) A person who knowingly or intentionally violates this section
commits a Class A misdemeanor. However, the offense is a Level 5
felony:
(1) if the offense is committed:
(A) on or in school property;
(B) within five hundred (500) feet of school property; or
(C) on a school bus; or
(2) if the person:
(A) has a prior conviction of any offense under:
(i) this section; or
(ii) section 22 of this chapter; or
(B) has been convicted of a felony within fifteen (15) years
HEA 1296 — CC 1 18
before the date of the offense.
SECTION 9. IC 35-47-2-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 1.5. (a) The following terms are defined for this
section:
(1) "Adjudicated a mental defective" means a determination
by a court that a person:
(A) presents a danger to the person or to others; or
(B) lacks the mental capacity necessary to contract or
manage the person's affairs.
The term includes a finding of insanity by a court in a
criminal proceeding.
(2) "Alien" means any person who is not lawfully in the
United States. The term includes:
(A) any person who has:
(i) entered the United States without inspection and
authorization by an immigration officer; and
(ii) not been paroled into the United States under the
federal Immigration and Nationality Act;
(B) a nonimmigrant:
(i) whose authorized period of stay has expired; or
(ii) who has violated the terms of the nonimmigrant
category under which the person was admitted;
(C) a person paroled under the federal Immigration and
Nationality Act whose period of parole has:
(i) expired; or
(ii) been terminated; and
(D) a person subject to an order:
(i) of deportation, exclusion, or removal; or
(ii) to depart the United States voluntarily;
regardless of whether or not the person has left the United
States.
(3) "Committed to a mental institution" means the formal
commitment of a person to a mental institution by a court.
The term includes:
(A) a commitment for:
(i) a cognitive or mental defect; or
(ii) a mental illness; and
(B) involuntary commitments.
The term does not include voluntary commitments or a
commitment made for observational purposes.
(4) "Crime of domestic violence" has the meaning set forth in
HEA 1296 — CC 1 19
IC 35-31.5-2-78.
(5) "Dangerous" has the meaning set forth in IC 35-47-14-1.
(6) "Fugitive from justice" means any person who:
(A) flees or leaves from any state to avoid prosecution for
a felony or misdemeanor offense; or
(B) flees or leaves any state to avoid testifying in a criminal
proceeding.
(7) "Indictment" means any formal accusation of a crime
made by a prosecuting attorney in any court for a crime
punishable by a term of imprisonment exceeding one (1) year.
(8) A crime or offense "punishable by a term of imprisonment
exceeding one (1) year" does not include a federal or state
crime or offense pertaining to antitrust violations, unfair
trade practices, restraints of trade, or other similar offenses
relating to the regulation of business practices.
(b) Except as provided in subsections (c) and (d), the following
persons may not knowingly or intentionally carry a handgun:
(1) A person convicted of a federal or state offense punishable
by a term of imprisonment exceeding one (1) year.
(2) A fugitive from justice.
(3) An alien.
(4) A person convicted of:
(A) a crime of domestic violence (IC 35-31.5-2-78);
(B) domestic battery (IC 35-42-2-1.3); or
(C) criminal stalking (IC 35-45-10-5).
(5) A person restrained by an order of protection issued under
IC 34-26-5.
(6) A person under indictment.
(7) A person who has been:
(A) adjudicated dangerous under IC 35-47-14-6;
(B) adjudicated a mental defective; or
(C) committed to a mental institution.
(8) A person dishonorably discharged from:
(A) military service; or
(B) the National Guard.
(9) A person who renounces the person's United States
citizenship in the manner described in 8 U.S.C. 1481.
(10) A person who is less than:
(A) eighteen (18) years of age; or
(B) twenty-three (23) years of age and has an adjudication
as a delinquent child for an act described by IC 35-47-4-5;
unless authorized under IC 35-47-10.
HEA 1296 — CC 1 20
(c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person
if a court has restored the person's right to possess a firearm under
IC 35-47-4-7.
(d) A person who has:
(1) been adjudicated dangerous under IC 35-47-14-6; and
(2) successfully petitioned for the return of a firearm under
IC 35-47-14-8 with respect to the adjudication under
subdivision (1);
is not prohibited from carrying a handgun under subsection (b) on
the basis that the person was adjudicated dangerous under
subdivision (1). However, the person may still be prohibited from
carrying a handgun on one (1) or more of the other grounds listed
in subsection (b).
(e) A person who violates this section commits unlawful
carrying of a handgun, a Class A misdemeanor. However, the
offense is a Level 5 felony if:
(1) the offense is committed:
(A) on or in school property;
(B) within five hundred (500) feet of school property; or
(C) on a school bus; or
(2) the person:
(A) has a prior conviction of any offense under:
(i) this section;
(ii) section 1 of this chapter (carrying a handgun without
a license) (before its repeal); or
(iii) section 22 of this chapter; or
(B) has been convicted of a felony within fifteen (15) years
before the date of the offense.
SECTION 10. IC 35-47-2-2 IS REPEALED [EFFECTIVE JULY 1,
2022]. Sec. 2. Section 1 of this chapter does not apply to:
(1) marshals;
(2) sheriffs;
(3) the commissioner of the department of correction or persons
authorized by the commissioner in writing to carry firearms;
(4) judicial officers;
(5) law enforcement officers;
(6) members of the armed forces of the United States or of the
national guard or organized reserves while they are on duty;
(7) regularly enrolled members of any organization duly
authorized to purchase or receive such weapons from the United
States or from this state who are at or are going to or from their
place of assembly or target practice;
HEA 1296 — CC 1 21
(8) employees of the United States duly authorized to carry
handguns;
(9) employees of express companies when engaged in company
business; or
(10) any person engaged in the business of manufacturing,
repairing, or dealing in firearms or the agent or representative of
any such person having in the person's possession, using, or
carrying a handgun in the usual or ordinary course of that
business.
SECTION 11. IC 35-47-2-2.1 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 2.1. (a) As used in this section, "protection order" means
a civil protection order issued under IC 34-26-5.
(b) A person may carry a handgun without a license if the person:
(1) has applied for a license to carry a handgun as described in
IC 35-47-2-3;
(2) is protected by a protection order;
(3) is at least eighteen (18) years of age; and
(4) is not otherwise barred by state or federal law from possessing
a handgun;
during the period described in subsection (c).
(c) A person described in subsection (b) may carry a handgun
without a license for a period ending sixty (60) days after the date the
protection order is issued.
SECTION 12. IC 35-47-2-3, AS AMENDED BY P.L.165-2021,
SECTION 196, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) A person desiring a license
to carry who is at least eighteen (18) years of age and is not
otherwise prohibited from carrying or possessing a handgun shall
apply: under state or federal law is not required to obtain or
possess a license or permit from the state to carry a handgun in
Indiana. A resident of this state who wishes to carry a firearm in
another state under a reciprocity agreement entered into by this
state and another state may obtain a license to carry a handgun in
Indiana under this chapter by applying:
(1) to the chief of police or corresponding law enforcement officer
of the municipality in which the applicant resides;
(2) if that municipality has no such officer, or if the applicant does
not reside in a municipality, to the sheriff of the county in which
the applicant resides after the applicant has obtained an
application form prescribed by the superintendent; or
(3) if the applicant is a resident of another state and has a regular
place of business or employment in Indiana, to the sheriff of the
HEA 1296 — CC 1 22
county in which the applicant has a regular place of business or
employment.
The superintendent and local law enforcement agencies shall allow an
applicant desiring to obtain or renew a license to carry a handgun to
submit an application electronically under this chapter if funds are
available to establish and maintain an electronic application system.
(b) This subsection applies before July 1, 2020. The law
enforcement agency which accepts an application for a handgun license
shall collect the following application fees:
(1) From a person applying for a four (4) year handgun license, a
ten dollar ($10) application fee, five dollars ($5) of which shall be
refunded if the license is not issued.
(2) From a person applying for a lifetime handgun license who
does not currently possess a valid Indiana handgun license, a fifty
dollar ($50) application fee, thirty dollars ($30) of which shall be
refunded if the license is not issued.
(3) From a person applying for a lifetime handgun license who
currently possesses a valid Indiana handgun license, a forty dollar
($40) application fee, thirty dollars ($30) of which shall be
refunded if the license is not issued.
Except as provided in subsection (j), the fee shall be deposited into the
law enforcement agency's firearms training fund or other appropriate
training activities fund and used by the agency to train law enforcement
officers in the proper use of firearms or in other law enforcement
duties, or to purchase firearms, firearm related equipment, or body
armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
employed by the law enforcement agency. The state board of accounts
shall establish rules for the proper accounting and expenditure of funds
collected under this subsection.
(c) This subsection applies after June 30, 2020, and before July 1,
2021. The law enforcement agency which accepts an application for a
handgun license shall not collect a fee from a person applying for a five
(5) year handgun license and shall collect the following application
fees:
(1) From a person applying for a lifetime handgun license who
does not currently possess a valid Indiana handgun license, a fifty
dollar ($50) application fee, thirty dollars ($30) of which shall be
refunded if the license is not issued.
(2) From a person applying for a lifetime handgun license who
currently possesses a valid Indiana handgun license, a forty dollar
($40) application fee, thirty dollars ($30) of which shall be
refunded if the license is not issued.
HEA 1296 — CC 1 23
Except as provided in subsection (j), the fee shall be deposited into the
law enforcement agency's firearms training fund or other appropriate
training activities fund and used by the agency to train law enforcement
officers in the proper use of firearms or in other law enforcement
duties, or to purchase firearms, firearm related equipment, or body
armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
employed by the law enforcement agency. The state board of accounts
shall establish rules for the proper accounting and expenditure of funds
collected under this subsection.
(d) This subsection applies after June 30, 2021. The law
enforcement agency which accepts an application for a handgun license
shall not collect a fee from a person applying for a handgun license.
(e) The officer to whom the application is made shall ascertain the
applicant's name, full address, length of residence in the community,
whether the applicant's residence is located within the limits of any city
or town, the applicant's occupation, place of business or employment,
criminal record, if any, and convictions (minor traffic offenses
excepted), age, race, sex, nationality, date of birth, citizenship, height,
weight, build, color of hair, color of eyes, scars and marks, whether the
applicant has previously held an Indiana license to carry a handgun
and, if so, the serial number of the license and year issued, whether the
applicant's license has ever been suspended or revoked, and if so, the
year and reason for the suspension or revocation, and the applicant's
reason for desiring a license. If the applicant is not a United States
citizen, the officer to whom the application is made shall ascertain the
applicant's country of citizenship, place of birth, and any alien or
admission number issued by the United States Citizenship and
Immigration Services or United States Customs and Border Protection
or any successor agency as applicable. The officer to whom the
application is made shall conduct an investigation into the applicant's
official records and verify thereby the applicant's character and
reputation, and shall in addition verify for accuracy the information
contained in the application, and shall forward this information
together with the officer's recommendation for approval or disapproval
and one (1) set of legible and classifiable fingerprints of the applicant
to the superintendent. An investigation conducted under this section
must include the consulting of available local, state, and federal
criminal history data banks, including the National Instant Criminal
Background Check System (NICS), to determine whether possession
of a firearm by an applicant would be a violation of state or federal law.
(f) The superintendent may make whatever further investigation the
superintendent deems necessary. Whenever disapproval is
HEA 1296 — CC 1 24
recommended, the officer to whom the application is made shall
provide the superintendent and the applicant with the officer's complete
and specific reasons, in writing, for the recommendation of
disapproval.
(g) If it appears to the superintendent that the applicant:
(1) has a proper reason for carrying a handgun; receiving a
license to carry a handgun;
(2) is of good character and reputation;
(3) is a proper person to be licensed; and
(4) is:
(A) a citizen of the United States; or
(B) not a citizen of the United States but is allowed to carry a
firearm in the United States under federal law;
the superintendent shall issue to the applicant a qualified or an
unlimited license to carry any a handgun lawfully possessed by the
applicant. in Indiana. The original license shall be delivered to the
licensee. A copy shall be delivered to the officer to whom the
application for license was made. A copy shall be retained by the
superintendent for at least five (5) years in the case of a five (5) year
license. The superintendent may adopt guidelines to establish a records
retention policy for a lifetime license. A five (5) year license shall be
valid for a period of five (5) years from the date of issue. A lifetime
license is valid for the life of the individual receiving the license. The
license of police officers, sheriffs or their deputies, and law
enforcement officers of the United States government who have twenty
(20) or more years of service shall be valid for the life of these
individuals. However, a lifetime license is automatically revoked if the
license holder does not remain a proper person.
(h) At the time a license is issued and delivered to a licensee under
subsection (g), the superintendent shall include with the license
information concerning handgun firearms safety rules that:
(1) neither opposes nor supports an individual's right to bear
arms; and
(2) is:
(A) recommended by a nonprofit educational organization that
is dedicated to providing education on safe handling and use
of firearms;
(B) prepared by the state police department; and
(C) approved by the superintendent.
The superintendent may not deny a license under this section because
the information required under this subsection is unavailable at the
time the superintendent would otherwise issue a license. The state
HEA 1296 — CC 1 25
police department may accept private donations or grants to defray the
cost of printing and mailing the information required under this
subsection.
(i) A license to carry a handgun shall not be issued to any person
who:
(1) has been convicted of a felony;
(2) has had a license to carry a handgun suspended, unless the
person's license has been reinstated;
(3) is under eighteen (18) years of age;
(4) is under twenty-three (23) years of age if the person has been
adjudicated a delinquent child for an act that would be a felony if
committed by an adult;
(5) has been arrested for a Class A or Class B felony for an
offense committed before July 1, 2014, for a Level 1, Level 2,
Level 3, or Level 4 felony for an offense committed after June 30,
2014, or any other felony that was committed while armed with
a deadly weapon or that involved the use of violence, if a court
has found probable cause to believe that the person committed the
offense charged; or
(6) is prohibited by federal law from possessing or receiving
firearms under 18 U.S.C. 922(g); or
(7) is described in IC 35-47-2-1.5, unless exempted by
IC 35-47-2-1.5.
In the case of an arrest under subdivision (5), a license to carry a
handgun may be issued to a person who has been acquitted of the
specific offense charged or if the charges for the specific offense are
dismissed. The superintendent shall prescribe all forms to be used in
connection with the administration of this chapter.
(j) If the law enforcement agency that charges a fee under
subsection (b) or (c) is a city or town law enforcement agency, the fee
shall be deposited in the law enforcement continuing education fund
established under IC 5-2-8-2.
(k) If a person who holds a valid license to carry a handgun issued
under this chapter:
(1) changes the person's name;
(2) changes the person's address; or
(3) experiences a change, including an arrest or a conviction, that
may affect the person's status as a proper person (as defined in
IC 35-47-1-7) or otherwise disqualify the person from holding a
license;
the person shall, not later than thirty (30) days after the date of a
change described under subdivision (3), and not later than sixty (60)
HEA 1296 — CC 1 26
days after the date of the change described under subdivision (1) or (2),
notify the superintendent, in writing, of the event described under
subdivision (3) or, in the case of a change under subdivision (1) or (2),
the person's new name or new address.
(l) The state police shall indicate on the form for a license to carry
a handgun the notification requirements of subsection (k).
(m) The state police department shall adopt rules under IC 4-22-2
to
(1) implement an electronic application system under subsection
(a). and
(2) expedite the processing of an application made by a person
described in section 2.1(b) of this chapter.
Rules adopted under this section must require the superintendent to
keep on file one (1) set of classifiable and legible fingerprints from
every person who has received a license to carry a handgun so that a
person who applies to renew a license will not be required to submit an
additional set of fingerprints.
(n) Except as provided in subsection (o), for purposes of
IC 5-14-3-4(a)(1), the following information is confidential, may not
be published, and is not open to public inspection:
(1) Information submitted by a person under this section to:
(A) obtain; or
(B) renew;
a license to carry a handgun.
(2) Information obtained by a federal, state, or local government
entity in the course of an investigation concerning a person who
applies to:
(A) obtain; or
(B) renew;
a license to carry a handgun issued under this chapter.
(3) The name, address, and any other information that may be
used to identify a person who holds a license to carry a handgun
issued under this chapter.
(o) Notwithstanding subsection (n):
(1) any information concerning an applicant for or a person who
holds a license to carry a handgun issued under this chapter may
be released to a federal, state, or local government entity:
(A) for law enforcement purposes; or
(B) to determine the validity of a license to carry a handgun;
and
(2) general information concerning the issuance of licenses to
carry handguns in Indiana may be released to a person conducting
HEA 1296 — CC 1 27
journalistic or academic research, but only if all personal
information that could disclose the identity of any person who
holds a license to carry a handgun issued under this chapter has
been removed from the general information.
(p) A person who holds a valid license to carry a handgun under
this chapter is licensed to carry a handgun in Indiana.
(p) (q) A person who knowingly or intentionally violates this section
commits a Class B misdemeanor.
SECTION 13. IC 35-47-2-4, AS AMENDED BY P.L.165-2021,
SECTION 197, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) Licenses to carry handguns
shall be either qualified or unlimited, and issued under section 3 of
this chapter are valid for:
(1) five (5) years from the date of issue in the case of a five (5)
year license; or
(2) the life of the individual receiving the license in the case of a
lifetime license.
A qualified license shall be issued for hunting and target practice. An
individual may separately apply for and simultaneously hold both a five
(5) year license and a lifetime license. The superintendent may adopt
rules imposing limitations on the use and carrying of handguns under
a license when handguns are carried by a licensee as a condition of
employment. Unlimited licenses shall be issued for the purpose of the
protection of life and property.
(b) This subsection applies before July 1, 2020. In addition to the
application fee, the fee for:
(1) a qualified license shall be:
(A) five dollars ($5) for a five (5) year qualified license;
(B) twenty-five dollars ($25) for a lifetime qualified license
from a person who does not currently possess a valid Indiana
handgun license; or
(C) twenty dollars ($20) for a lifetime qualified license from
a person who currently possesses a valid Indiana handgun
license; and
(2) an unlimited license shall be:
(A) thirty dollars ($30) for a five (5) year unlimited license;
(B) seventy-five dollars ($75) for a lifetime unlimited license
from a person who does not currently possess a valid Indiana
handgun license; or
(C) sixty dollars ($60) for a lifetime unlimited license from a
person who currently possesses a valid Indiana handgun
license.
HEA 1296 — CC 1 28
The superintendent shall charge a twenty dollar ($20) fee for the
issuance of a duplicate license to replace a lost or damaged license.
These fees shall be deposited in accordance with subsection (h).
(c) This subsection applies after June 30, 2020, and before July 1,
2021. In addition to the application fee, the fee for:
(1) a qualified license is:
(A) zero dollars ($0) for a five (5) year qualified license;
(B) twenty-five dollars ($25) for a lifetime qualified license
from a person who does not currently possess a valid Indiana
handgun license; and
(C) twenty dollars ($20) for a lifetime qualified license from
a person who currently possesses a valid Indiana handgun
license; and
(2) an unlimited license is:
(A) zero dollars ($0) for a five (5) year unlimited license;
(B) seventy-five dollars ($75) for a lifetime unlimited license
from a person who does not currently possess a valid Indiana
handgun license; and
(C) sixty dollars ($60) for a lifetime unlimited license from a
person who currently possesses a valid Indiana handgun
license.
The superintendent shall charge a twenty dollar ($20) fee for the
issuance of a duplicate license to replace a lost or damaged license.
These fees shall be deposited in accordance with subsection (h).
(d) (b) This subsection applies after June 30, 2021. There is no fee
for a qualified or unlimited license to carry a handgun. The
superintendent shall charge a twenty dollar ($20) fee for the issuance
of a duplicate license to replace a lost or damaged license. This fee
shall be deposited in accordance with subsection (h). (c).
(e) Licensed dealers are exempt from the payment of fees specified
in subsections (b) and (c) for a qualified license or an unlimited
license.
(f) The following officers of this state or the United States who have
been honorably retired by a lawfully created pension board or its
equivalent after at least twenty (20) years of service or because of a
disability are exempt from the payment of fees specified in subsections
(b) and (c):
(1) Police officers.
(2) Sheriffs or their deputies.
(3) Law enforcement officers.
(4) Correctional officers.
(g) The following officers described in section 3(g) of this chapter
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who have at least twenty (20) years of service are exempt from the
payment of fees for a lifetime qualified license or a lifetime unlimited
license specified in subsections (b) and (c):
(1) Police officers.
(2) Sheriffs or their deputies.
(3) Law enforcement officers of the United States government.
(h) (c) Fees collected under this section shall be deposited in the
state general fund.
(i) (d) The superintendent may not issue a lifetime qualified license
or a lifetime unlimited license to a person who is a resident of another
state. The superintendent may issue a five (5) year qualified license or
a five (5) year unlimited license to a person who is a resident of another
state and who has a regular place of business or employment in Indiana
as described in section 3(a)(3) of this chapter.
(j) (e) A person who knowingly or intentionally violates this section
commits a Class B misdemeanor.
SECTION 14. IC 35-47-2-24 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 24. (a) In an information or indictment brought for the
enforcement of any provision of this chapter, it is not necessary to
negate any exemption specified under this chapter, or to allege the
absence of a license required under this chapter. The burden of proof
is on the defendant to prove that he is exempt under section 2 of this
chapter, or that he has a license as required under this chapter.
(b) Whenever a person who has been arrested or charged with a
violation of section 1 of this chapter presents a valid license to the
prosecuting attorney or establishes that he is exempt under section 2 of
this chapter, any prosecution for a violation of section 1 of this chapter
shall be dismissed immediately, and all records of an arrest or
proceedings following arrest shall be destroyed immediately.
SECTION 15. IC 35-47-2.5-1, AS AMENDED BY P.L.152-2014,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1. (a) Sections 2 through 5 of this chapter do not
apply to the following:
(1) Transactions between persons who are licensed as firearms
importers or collectors or firearms manufacturers or dealers under
18 U.S.C. 923.
(2) Purchases by or sales to a law enforcement officer or agent of
the United States, the state, or a county or local government.
(3) Indiana residents licensed to carry handguns under
IC 35-47-2-3. in possession of a license described in
IC 35-47-2-3.
(b) Notwithstanding any other provision of this chapter, the state
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shall participate in the NICS if federal funds are available to assist the
state in participating in the NICS. If:
(1) the state participates in the NICS; and
(2) there is a conflict between:
(A) a provision of this chapter; and
(B) a procedure required under the NICS;
the procedure required under the NICS prevails over the conflicting
provision of this chapter.
SECTION 16. IC 35-47-11.1-4, AS AMENDED BY P.L.147-2014,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 4. This chapter may not be construed to prevent
any of the following:
(1) A law enforcement agency of a political subdivision from
enacting and enforcing regulations pertaining to firearms,
ammunition, or firearm accessories issued to or used by law
enforcement officers in the course of their official duties.
(2) Subject to IC 34-28-7-2, an employer from regulating or
prohibiting the employees of the employer from carrying firearms
and ammunition in the course of the employee's official duties.
(3) A court or administrative law judge from hearing and
resolving any case or controversy or issuing any opinion or order
on a matter within the jurisdiction of the court or judge.
(4) The enactment or enforcement of generally applicable zoning
or business ordinances that apply to firearms businesses to the
same degree as other similar businesses. However, a provision of
an ordinance that is designed or enforced to effectively restrict or
prohibit the sale, purchase, transfer, manufacture, or display of
firearms, ammunition, or firearm accessories that is otherwise
lawful under the laws of this state is void. A unit (as defined in
IC 36-1-2-23) may not use the unit's planning and zoning powers
under IC 36-7-4 to prohibit the sale of firearms within a
prescribed distance of any other type of commercial property or
of school property or other educational property.
(5) Subject to IC 35-47-16-1, the enactment or enforcement of a
provision prohibiting or restricting the possession of a firearm in
any building that contains the courtroom of a circuit, superior,
city, town, or small claims court. However, if a portion of the
building is occupied by a residential tenant or private business,
any provision restricting or prohibiting the possession of a firearm
does not apply to the portion of the building that is occupied by
the residential tenant or private business, or to common areas of
the building used by a residential tenant or private business.
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(6) The enactment or enforcement of a provision prohibiting or
restricting the intentional display of a firearm at a public meeting.
(7) The enactment or enforcement of a provision prohibiting or
restricting the possession of a firearm in a public hospital
corporation that contains a secure correctional health unit that is
staffed by a law enforcement officer twenty-four (24) hours a day.
(8) The imposition of any restriction or condition placed on a
person participating in:
(A) a community corrections program (IC 11-12-1);
(B) a forensic diversion program (IC 11-12-3.7); or
(C) a pretrial diversion program (IC 33-39-1).
(9) The enforcement or prosecution of the offense of criminal
recklessness (IC 35-42-2-2) involving the use of a firearm.
(10) For an event occurring on property leased from a political
subdivision or municipal corporation by the promoter or organizer
of the event:
(A) the establishment, by the promoter or organizer, at the
promoter's or organizer's own discretion, of rules of conduct or
admission upon which attendance at or participation in the
event is conditioned; or
(B) the implementation or enforcement of the rules of conduct
or admission described in clause (A) by a political subdivision
or municipal corporation in connection with the event.
(11) The enactment or enforcement of a provision prohibiting or
restricting the possession of a firearm in a hospital established
and operated under IC 16-22-2 or IC 16-23.
(12) A unit from using the unit's planning and zoning powers
under IC 36-7-4 to prohibit the sale of firearms within two
hundred (200) feet of a school by a person having a business that
did not sell firearms within two hundred (200) feet of a school
before April 1, 1994.
(13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
from enacting or enforcing a provision prohibiting or restricting
the possession of a firearm in a building owned or administered
by the unit if:
(A) metal detection devices are located at each public entrance
to the building;
(B) each public entrance to the building is staffed by at least
one (1) law enforcement officer:
(i) who has been adequately trained to conduct inspections
of persons entering the building by use of metal detection
devices and proper physical pat down searches; and
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(ii) when the building is open to the public; and
(C) each:
(i) individual who enters the building through the public
entrance when the building is open to the public; and
(ii) bag, package, and other container carried by the
individual;
is inspected by a law enforcement officer described in clause
(B).
However, except as provided in subdivision (5) concerning a
building that contains a courtroom, a unit may not prohibit or
restrict the possession of a handgun under this subdivision in a
building owned or administered by the unit if the person who
possesses the handgun has been issued a valid license to carry the
handgun under IC 35-47-2. is not otherwise prohibited from
carrying or possessing a handgun.
SECTION 17. IC 35-50-2-13, AS AMENDED BY P.L.84-2015,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 13. (a) The state may seek, on a page separate
from the rest of a charging instrument, to have a person who allegedly
committed an offense of dealing in a controlled substance under
IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed
term of imprisonment if the state can show beyond a reasonable doubt
that the person knowingly or intentionally:
(1) used a firearm; or
(2) possessed a:
(A) handgun in violation of IC 35-47-2-1; IC 35-47-2-1.5;
(B) sawed-off shotgun in violation of federal law; or
(C) machine gun in violation of IC 35-47-5-8;
while committing the offense.
(b) If the person was convicted of the offense in a jury trial, the jury
shall reconvene to hear evidence in the enhancement hearing. If the
trial was to the court, or the judgment was entered on a guilty plea, the
court alone shall hear evidence in the enhancement hearing.
(c) If the jury (if the hearing is by jury) or the court (if the hearing
is to the court alone) finds that the state has proved beyond a
reasonable doubt that the person knowingly or intentionally committed
an offense as described in subsection (a), the court may sentence the
person to an additional fixed term of imprisonment of not more than
five (5) years, except as follows:
(1) If the firearm is a sawed-off shotgun, the court may sentence
the person to an additional fixed term of imprisonment of not
more than ten (10) years.
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(2) If the firearm is a machine gun or is equipped with a firearm
silencer or firearm muffler, the court may sentence the person to
an additional fixed term of imprisonment of not more than twenty
(20) years. The additional sentence under this subdivision is in
addition to any additional sentence imposed under section 11 of
this chapter for use of a firearm in the commission of an offense.
HEA 1296 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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