IN
Indiana Senate Bill SB0019

Indiana 2022 Regular Session

Indiana Senate Bill SB0019 Compare Versions

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1+*SB0019.1*
2+January 14, 2022
3+SENATE BILL No. 19
4+_____
5+DIGEST OF SB 19 (Updated January 12, 2022 6:07 pm - DI 149)
6+Citations Affected: IC 35-50.
7+Synopsis: Sentence enhancement for use of firearm. Adds an
8+investigator for the inspector general to the definition of "police
9+officer" for purposes of the statute providing a sentence enhancement
10+for individuals who point or discharge a firearm at a police officer
11+while committing certain crimes.
12+Effective: July 1, 2022.
13+Gaskill
14+January 4, 2022, read first time and referred to Committee on Corrections and Criminal
15+Law.
16+January 10, 2022, reassigned to Committee on Judiciary pursuant to Rule 68(b).
17+January 13, 2022, amended, reported favorably — Do Pass.
18+SB 19—LS 6161/DI 87 January 14, 2022
119 Second Regular Session of the 122nd General Assembly (2022)
220 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
321 Constitution) is being amended, the text of the existing provision will appear in this style type,
422 additions will appear in this style type, and deletions will appear in this style type.
523 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
624 provision adopted), the text of the new provision will appear in this style type. Also, the
725 word NEW will appear in that style type in the introductory clause of each SECTION that adds
826 a new provision to the Indiana Code or the Indiana Constitution.
927 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1028 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 19
12-AN ACT to amend the Indiana Code concerning criminal law and
13-procedure.
29+SENATE BILL No. 19
30+A BILL FOR AN ACT to amend the Indiana Code concerning
31+criminal law and procedure.
1432 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 35-50-2-11, AS AMENDED BY P.L.174-2021,
16-SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2022]: Sec. 11. (a) As used in this section, "firearm" has the
18-meaning set forth in IC 35-47-1-5.
19-(b) As used in this section, "offense" means:
20-(1) a felony under IC 35-42 that resulted in death or serious bodily
21-injury;
22-(2) kidnapping;
23-(3) criminal confinement as a Level 2 or Level 3 felony; or
24-(4) attempted murder.
25-(c) As used in this section, "police officer" means any of the
26-following:
27-(1) A state police officer.
28-(2) A county sheriff.
29-(3) A county police officer.
30-(4) A city police officer.
31-(5) A state educational institution police officer appointed under
32-IC 21-39-4.
33-(6) A school corporation police officer appointed under
34-IC 20-26-16.
35-(7) A police officer of a public or private postsecondary
36-SEA 19 2
37-educational institution whose board of trustees has established a
38-police department under IC 21-17-5-2 or IC 21-39-4-2.
39-(8) An enforcement officer of the alcohol and tobacco
40-commission.
41-(9) A conservation officer.
42-(10) A gaming agent employed under IC 4-33-4.5 or a gaming
43-control officer employed by the gaming control division under
44-IC 4-33-20.
45-(11) An investigator for the inspector general appointed under
46-IC 4-2-7-2.
47-(d) The state may seek, on a page separate from the rest of a
48-charging instrument, to have a person who allegedly committed an
49-offense sentenced to an additional fixed term of imprisonment if the
50-state can show beyond a reasonable doubt that the person knowingly or
51-intentionally used a firearm in the commission of the offense.
52-(e) The state may seek, on a page separate from the rest of a
53-charging instrument, to have a person who allegedly committed a
54-felony or misdemeanor other than an offense (as defined under
55-subsection (b)) sentenced to an additional fixed term of imprisonment
56-if the state can show beyond a reasonable doubt that the person, while
57-committing the felony or misdemeanor, knowingly or intentionally:
58-(1) pointed a firearm; or
59-(2) discharged a firearm;
60-at an individual whom the person knew, or reasonably should have
61-known, was a police officer.
62-(f) If the person was convicted of:
63-(1) the offense under subsection (d); or
64-(2) the felony or misdemeanor under subsection (e);
65-in a jury trial, the jury shall reconvene to hear evidence in the
66-enhancement hearing. If the trial was to the court, or the judgment was
67-entered on a guilty plea, the court alone shall hear evidence in the
68-enhancement hearing.
69-(g) If the jury (if the hearing is by jury) or the court (if the hearing
70-is to the court alone) finds that the state has proved beyond a
71-reasonable doubt that the person knowingly or intentionally used a
72-firearm in the commission of the offense under subsection (d), the court
73-may sentence the person to an additional fixed term of imprisonment
74-of between five (5) years and twenty (20) years.
75-(h) If the jury (if the hearing is by jury) or the court (if the hearing
76-is to the court alone) finds that the state has proved beyond a
77-reasonable doubt that the person, while committing a felony or
78-misdemeanor under subsection (e), knowingly or intentionally:
79-SEA 19 3
80-(1) pointed a firearm; or
81-(2) discharged a firearm;
82-at an individual whom the person knew, or reasonably should have
83-known, was a police officer, the court may sentence the person to an
84-additional fixed term of imprisonment of between five (5) and twenty
85-(20) years.
86-(i) A person may not be sentenced under subsections (g) and (h) for
87-offenses, felonies, and misdemeanors comprising a single episode of
88-criminal conduct.
89-SEA 19 President of the Senate
90-President Pro Tempore
91-Speaker of the House of Representatives
92-Governor of the State of Indiana
93-Date: Time:
94-SEA 19
33+1 SECTION 1. IC 35-50-2-11, AS AMENDED BY P.L.174-2021,
34+2 SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35+3 JULY 1, 2022]: Sec. 11. (a) As used in this section, "firearm" has the
36+4 meaning set forth in IC 35-47-1-5.
37+5 (b) As used in this section, "offense" means:
38+6 (1) a felony under IC 35-42 that resulted in death or serious bodily
39+7 injury;
40+8 (2) kidnapping;
41+9 (3) criminal confinement as a Level 2 or Level 3 felony; or
42+10 (4) attempted murder.
43+11 (c) As used in this section, "police officer" means any of the
44+12 following:
45+13 (1) A state police officer.
46+14 (2) A county sheriff.
47+15 (3) A county police officer.
48+16 (4) A city police officer.
49+17 (5) A state educational institution police officer appointed under
50+SB 19—LS 6161/DI 87 2
51+1 IC 21-39-4.
52+2 (6) A school corporation police officer appointed under
53+3 IC 20-26-16.
54+4 (7) A police officer of a public or private postsecondary
55+5 educational institution whose board of trustees has established a
56+6 police department under IC 21-17-5-2 or IC 21-39-4-2.
57+7 (8) An enforcement officer of the alcohol and tobacco
58+8 commission.
59+9 (9) A conservation officer.
60+10 (10) A gaming agent employed under IC 4-33-4.5 or a gaming
61+11 control officer employed by the gaming control division under
62+12 IC 4-33-20.
63+13 (11) An investigator for the inspector general appointed under
64+14 IC 4-2-7-2.
65+15 (d) The state may seek, on a page separate from the rest of a
66+16 charging instrument, to have a person who allegedly committed an
67+17 offense sentenced to an additional fixed term of imprisonment if the
68+18 state can show beyond a reasonable doubt that the person knowingly or
69+19 intentionally used a firearm in the commission of the offense.
70+20 (e) The state may seek, on a page separate from the rest of a
71+21 charging instrument, to have a person who allegedly committed a
72+22 felony or misdemeanor other than an offense (as defined under
73+23 subsection (b)) sentenced to an additional fixed term of imprisonment
74+24 if the state can show beyond a reasonable doubt that the person, while
75+25 committing the felony or misdemeanor, knowingly or intentionally:
76+26 (1) pointed a firearm; or
77+27 (2) discharged a firearm;
78+28 at an individual whom the person knew, or reasonably should have
79+29 known, was a police officer.
80+30 (f) If the person was convicted of:
81+31 (1) the offense under subsection (d); or
82+32 (2) the felony or misdemeanor under subsection (e);
83+33 in a jury trial, the jury shall reconvene to hear evidence in the
84+34 enhancement hearing. If the trial was to the court, or the judgment was
85+35 entered on a guilty plea, the court alone shall hear evidence in the
86+36 enhancement hearing.
87+37 (g) If the jury (if the hearing is by jury) or the court (if the hearing
88+38 is to the court alone) finds that the state has proved beyond a
89+39 reasonable doubt that the person knowingly or intentionally used a
90+40 firearm in the commission of the offense under subsection (d), the court
91+41 may sentence the person to an additional fixed term of imprisonment
92+42 of between five (5) years and twenty (20) years.
93+SB 19—LS 6161/DI 87 3
94+1 (h) If the jury (if the hearing is by jury) or the court (if the hearing
95+2 is to the court alone) finds that the state has proved beyond a
96+3 reasonable doubt that the person, while committing a felony or
97+4 misdemeanor under subsection (e), knowingly or intentionally:
98+5 (1) pointed a firearm; or
99+6 (2) discharged a firearm;
100+7 at an individual whom the person knew, or reasonably should have
101+8 known, was a police officer, the court may sentence the person to an
102+9 additional fixed term of imprisonment of between five (5) and twenty
103+10 (20) years.
104+11 (i) A person may not be sentenced under subsections (g) and (h) for
105+12 offenses, felonies, and misdemeanors comprising a single episode of
106+13 criminal conduct.
107+SB 19—LS 6161/DI 87 4
108+REPORT OF THE PRESIDENT
109+PRO TEMPORE
110+Madam President: Pursuant to Senate Rule 68(b), I hereby report
111+that Senate Bill 19, currently assigned to the Committee on Corrections
112+and Criminal Law, be reassigned to the Committee on Judiciary.
113+BRAY
114+_____
115+COMMITTEE REPORT
116+Madam President: The Senate Committee on Judiciary, to which
117+was referred Senate Bill No. 19, has had the same under consideration
118+and begs leave to report the same back to the Senate with the
119+recommendation that said bill be AMENDED as follows:
120+Page 2, line 13, delete "The inspector general or an" and insert
121+"An".
122+and when so amended that said bill do pass.
123+(Reference is to SB 19 as introduced.)
124+BROWN L, Chairperson
125+Committee Vote: Yeas 8, Nays 3.
126+SB 19—LS 6161/DI 87