Indiana 2022 Regular Session

Indiana Senate Bill SB0311 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 311
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 35-31.5-2-78; IC 35-33-1-1; IC 35-43-4-2; IC 35-47;
8	8	IC 35-50-2-13.
9	9	Synopsis: Firearms matters. Repeals the law that requires a person to
10	10	obtain a license to carry a handgun in Indiana. Specifies that certain
11	11	persons who are not otherwise prohibited from carrying or possessing
12	12	a handgun are not required to obtain or possess a license or permit from
13	13	the state to carry a handgun in Indiana. Prohibits certain individuals
14	14	from knowingly or intentionally carrying a handgun. Creates the crime
15	15	of "unlawful carrying of a handgun" and specifies the penalties for
16	16	committing this crime. Allows particular individuals who do not meet
17	17	the requirements to receive a handgun license and are not otherwise
18	18	prohibited to carry a handgun in limited places. Allows a resident of
19	19	Indiana to obtain in certain circumstances a license to carry a handgun
20	20	in Indiana. Makes theft of a firearm a Level 5 felony. Defines certain
21	21	terms. Makes conforming amendments and repeals obsolete provisions.
22	22	Effective: July 1, 2022.
23	23	Houchin
24	24	January 11, 2022, read first time and referred to Committee on Judiciary.
25	25	2022 IN 311—LS 6977/DI 144 Introduced
26	26	Second Regular Session of the 122nd General Assembly (2022)
27	27	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
28	28	Constitution) is being amended, the text of the existing provision will appear in this style type,
29	29	additions will appear in this style type, and deletions will appear in this style type.
30	30	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
31	31	provision adopted), the text of the new provision will appear in this style type. Also, the
32	32	word NEW will appear in that style type in the introductory clause of each SECTION that adds
33	33	a new provision to the Indiana Code or the Indiana Constitution.
34	34	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
35	35	between statutes enacted by the 2021 Regular Session of the General Assembly.
36	36	SENATE BILL No. 311
37	37	A BILL FOR AN ACT to amend the Indiana Code concerning
38	38	criminal law and procedure.
39	39	Be it enacted by the General Assembly of the State of Indiana:
40	40	1 SECTION 1. IC 5-2-1-9, AS AMENDED BY P.L.187-2021,
41	41	2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42	42	3 JULY 1, 2022]: Sec. 9. (a) The board shall adopt in accordance with
43	43	4 IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
44	44	5 The rules, which shall be adopted only after necessary and proper
45	45	6 investigation and inquiry by the board, shall include the establishment
46	46	7 of the following:
47	47	8 (1) Minimum standards of physical, educational, mental, and
48	48	9 moral fitness which shall govern the acceptance of any person for
49	49	10 training by any law enforcement training school or academy
50	50	11 meeting or exceeding the minimum standards established
51	51	12 pursuant to this chapter.
52	52	13 (2) Minimum standards for law enforcement training schools
53	53	14 administered by towns, cities, counties, law enforcement training
54	54	15 centers, agencies, or departments of the state.
55	55	16 (3) Minimum standards for courses of study, attendance
56	56	17 requirements, equipment, and facilities for approved town, city,
57	57	2022 IN 311—LS 6977/DI 144 2
58	58	1 county, and state law enforcement officer, police reserve officer,
59	59	2 and conservation reserve officer training schools.
60	60	3 (4) Minimum standards for a course of study on cultural diversity
61	61	4 awareness, including training on the U nonimmigrant visa created
62	62	5 through the federal Victims of Trafficking and Violence
63	63	6 Protection Act of 2000 (P.L. 106-386) that must be required for
64	64	7 each person accepted for training at a law enforcement training
65	65	8 school or academy. Cultural diversity awareness study must
66	66	9 include an understanding of cultural issues related to race,
67	67	10 religion, gender, age, domestic violence, national origin, and
68	68	11 physical and mental disabilities.
69	69	12 (5) Minimum qualifications for instructors at approved law
70	70	13 enforcement training schools.
71	71	14 (6) Minimum basic training requirements which law enforcement
72	72	15 officers appointed to probationary terms shall complete before
73	73	16 being eligible for continued or permanent employment.
74	74	17 (7) Minimum basic training requirements which law enforcement
75	75	18 officers appointed on other than a permanent basis shall complete
76	76	19 in order to be eligible for continued employment or permanent
77	77	20 appointment.
78	78	21 (8) Minimum basic training requirements which law enforcement
79	79	22 officers appointed on a permanent basis shall complete in order
80	80	23 to be eligible for continued employment.
81	81	24 (9) Minimum basic training requirements for each person
82	82	25 accepted for training at a law enforcement training school or
83	83	26 academy that include six (6) hours of training in interacting with:
84	84	27 (A) persons with autism, mental illness, addictive disorders,
85	85	28 intellectual disabilities, and developmental disabilities;
86	86	29 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
87	87	30 and
88	88	31 (C) persons with Alzheimer's disease or related senile
89	89	32 dementia;
90	90	33 to be provided by persons approved by the secretary of family and
91	91	34 social services and the board. The training must include an
92	92	35 overview of the crisis intervention teams.
93	93	36 (10) Minimum standards for a course of study on human and
94	94	37 sexual trafficking that must be required for each person accepted
95	95	38 for training at a law enforcement training school or academy and
96	96	39 for inservice training programs for law enforcement officers. The
97	97	40 course must cover the following topics:
98	98	41 (A) Examination of the human and sexual trafficking laws (IC
99	99	42 35-42-3.5).
100	100	2022 IN 311—LS 6977/DI 144 3
101	101	1 (B) Identification of human and sexual trafficking.
102	102	2 (C) Communicating with traumatized persons.
103	103	3 (D) Therapeutically appropriate investigative techniques.
104	104	4 (E) Collaboration with federal law enforcement officials.
105	105	5 (F) Rights of and protections afforded to victims.
106	106	6 (G) Providing documentation that satisfies the Declaration of
107	107	7 Law Enforcement Officer for Victim of Trafficking in Persons
108	108	8 (Form I-914, Supplement B) requirements established under
109	109	9 federal law.
110	110	10 (H) The availability of community resources to assist human
111	111	11 and sexual trafficking victims.
112	112	12 (11) Minimum standards for ongoing specialized, intensive, and
113	113	13 integrative training for persons responsible for investigating
114	114	14 sexual assault cases involving adult victims. This training must
115	115	15 include instruction on:
116	116	16 (A) the neurobiology of trauma;
117	117	17 (B) trauma informed interviewing; and
118	118	18 (C) investigative techniques.
119	119	19 (12) Minimum standards for de-escalation training. De-escalation
120	120	20 training shall be taught as a part of existing use-of-force training
121	121	21 and not as a separate topic.
122	122	22 (b) A law enforcement officer appointed after July 5, 1972, and
123	123	23 before July 1, 1993, may not enforce the laws or ordinances of the state
124	124	24 or any political subdivision unless the officer has, within one (1) year
125	125	25 from the date of appointment, successfully completed the minimum
126	126	26 basic training requirements established under this chapter by the board.
127	127	27 If a person fails to successfully complete the basic training
128	128	28 requirements within one (1) year from the date of employment, the
129	129	29 officer may not perform any of the duties of a law enforcement officer
130	130	30 involving control or direction of members of the public or exercising
131	131	31 the power of arrest until the officer has successfully completed the
132	132	32 training requirements. This subsection does not apply to any law
133	133	33 enforcement officer appointed before July 6, 1972, or after June 30,
134	134	34 1993.
135	135	35 (c) Military leave or other authorized leave of absence from law
136	136	36 enforcement duty during the first year of employment after July 6,
137	137	37 1972, shall toll the running of the first year, which shall be calculated
138	138	38 by the aggregate of the time before and after the leave, for the purposes
139	139	39 of this chapter.
140	140	40 (d) Except as provided in subsections (e), (m), (t), and (u), a law
141	141	41 enforcement officer appointed to a law enforcement department or
142	142	42 agency after June 30, 1993, may not:
143	143	2022 IN 311—LS 6977/DI 144 4
144	144	1 (1) make an arrest;
145	145	2 (2) conduct a search or a seizure of a person or property; or
146	146	3 (3) carry a firearm;
147	147	4 unless the law enforcement officer successfully completes, at a board
148	148	5 certified law enforcement academy or at a law enforcement training
149	149	6 center under section 10.5 or 15.2 of this chapter, the basic training
150	150	7 requirements established by the board under this chapter.
151	151	8 (e) This subsection does not apply to:
152	152	9 (1) a gaming agent employed as a law enforcement officer by the
153	153	10 Indiana gaming commission; or
154	154	11 (2) an:
155	155	12 (A) attorney; or
156	156	13 (B) investigator;
157	157	14 designated by the securities commissioner as a police officer of
158	158	15 the state under IC 23-19-6-1(k).
159	159	16 Before a law enforcement officer appointed after June 30, 1993,
160	160	17 completes the basic training requirements, the law enforcement officer
161	161	18 may exercise the police powers described in subsection (d) if the
162	162	19 officer successfully completes the pre-basic course established in
163	163	20 subsection (f). Successful completion of the pre-basic course authorizes
164	164	21 a law enforcement officer to exercise the police powers described in
165	165	22 subsection (d) for one (1) year after the date the law enforcement
166	166	23 officer is appointed.
167	167	24 (f) The board shall adopt rules under IC 4-22-2 to establish a
168	168	25 pre-basic course for the purpose of training:
169	169	26 (1) law enforcement officers;
170	170	27 (2) police reserve officers (as described in IC 36-8-3-20); and
171	171	28 (3) conservation reserve officers (as described in IC 14-9-8-27);
172	172	29 regarding the subjects of arrest, search and seizure, the lawful use of
173	173	30 force, de-escalation training, interacting with individuals with autism,
174	174	31 and the operation of an emergency vehicle. The pre-basic course must
175	175	32 be offered on a periodic basis throughout the year at regional sites
176	176	33 statewide. The pre-basic course must consist of at least forty (40) hours
177	177	34 of course work. The board may prepare the classroom part of the
178	178	35 pre-basic course using available technology in conjunction with live
179	179	36 instruction. The board shall provide the course material, the instructors,
180	180	37 and the facilities at the regional sites throughout the state that are used
181	181	38 for the pre-basic course. In addition, the board may certify pre-basic
182	182	39 courses that may be conducted by other public or private training
183	183	40 entities, including postsecondary educational institutions.
184	184	41 (g) Subject to subsection (h), the board shall adopt rules under
185	185	42 IC 4-22-2 to establish a mandatory inservice training program for
186	186	2022 IN 311—LS 6977/DI 144 5
187	187	1 police officers and police reserve officers (as described in
188	188	2 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
189	189	3 satisfactorily completed basic training and has been appointed to a law
190	190	4 enforcement department or agency on either a full-time or part-time
191	191	5 basis is not eligible for continued employment unless the officer
192	192	6 satisfactorily completes the mandatory inservice training requirements
193	193	7 established by rules adopted by the board. Inservice training must
194	194	8 include de-escalation training. Inservice training must also include
195	195	9 training in interacting with persons with mental illness, addictive
196	196	10 disorders, intellectual disabilities, autism, developmental disabilities,
197	197	11 and Alzheimer's disease or related senile dementia, to be provided by
198	198	12 persons approved by the secretary of family and social services and the
199	199	13 board, and training concerning human and sexual trafficking and high
200	200	14 risk missing persons (as defined in IC 5-2-17-1). The board may
201	201	15 approve courses offered by other public or private training entities,
202	202	16 including postsecondary educational institutions, as necessary in order
203	203	17 to ensure the availability of an adequate number of inservice training
204	204	18 programs. The board may waive an officer's inservice training
205	205	19 requirements if the board determines that the officer's reason for
206	206	20 lacking the required amount of inservice training hours is due to either
207	207	21 an emergency situation or the unavailability of courses.
208	208	22 (h) This subsection applies only to a mandatory inservice training
209	209	23 program under subsection (g). Notwithstanding subsection (g), the
210	210	24 board may, without adopting rules under IC 4-22-2, modify the course
211	211	25 work of a training subject matter, modify the number of hours of
212	212	26 training required within a particular subject matter, or add a new
213	213	27 subject matter, if the board satisfies the following requirements:
214	214	28 (1) The board must conduct at least two (2) public meetings on
215	215	29 the proposed modification or addition.
216	216	30 (2) After approving the modification or addition at a public
217	217	31 meeting, the board must post notice of the modification or
218	218	32 addition on the Indiana law enforcement academy's Internet web
219	219	33 site at least thirty (30) days before the modification or addition
220	220	34 takes effect.
221	221	35 If the board does not satisfy the requirements of this subsection, the
222	222	36 modification or addition is void. This subsection does not authorize the
223	223	37 board to eliminate any inservice training subject matter required under
224	224	38 subsection (g).
225	225	39 (i) The board shall also adopt rules establishing a town marshal
226	226	40 basic training program, subject to the following:
227	227	41 (1) The program must require fewer hours of instruction and class
228	228	42 attendance and fewer courses of study than are required for the
229	229	2022 IN 311—LS 6977/DI 144 6
230	230	1 mandated basic training program.
231	231	2 (2) Certain parts of the course materials may be studied by a
232	232	3 candidate at the candidate's home in order to fulfill requirements
233	233	4 of the program.
234	234	5 (3) Law enforcement officers successfully completing the
235	235	6 requirements of the program are eligible for appointment only in
236	236	7 towns employing the town marshal system (IC 36-5-7) and having
237	237	8 not more than one (1) marshal and two (2) deputies.
238	238	9 (4) The limitation imposed by subdivision (3) does not apply to an
239	239	10 officer who has successfully completed the mandated basic
240	240	11 training program.
241	241	12 (5) The time limitations imposed by subsections (b) and (c) for
242	242	13 completing the training are also applicable to the town marshal
243	243	14 basic training program.
244	244	15 (6) The program must require training in interacting with
245	245	16 individuals with autism.
246	246	17 (j) The board shall adopt rules under IC 4-22-2 to establish an
247	247	18 executive training program. The executive training program must
248	248	19 include training in the following areas:
249	249	20 (1) Liability.
250	250	21 (2) Media relations.
251	251	22 (3) Accounting and administration.
252	252	23 (4) Discipline.
253	253	24 (5) Department policy making.
254	254	25 (6) Lawful use of force and de-escalation training.
255	255	26 (7) Department programs.
256	256	27 (8) Emergency vehicle operation.
257	257	28 (9) Cultural diversity.
258	258	29 (k) A police chief shall apply for admission to the executive training
259	259	30 program within two (2) months of the date the police chief initially
260	260	31 takes office. A police chief must successfully complete the executive
261	261	32 training program within six (6) months of the date the police chief
262	262	33 initially takes office. However, if space in the executive training
263	263	34 program is not available at a time that will allow completion of the
264	264	35 executive training program within six (6) months of the date the police
265	265	36 chief initially takes office, the police chief must successfully complete
266	266	37 the next available executive training program that is offered after the
267	267	38 police chief initially takes office.
268	268	39 (l) A police chief who fails to comply with subsection (k) may not
269	269	40 continue to serve as the police chief until completion of the executive
270	270	41 training program. For the purposes of this subsection and subsection
271	271	42 (k), "police chief" refers to:
272	272	2022 IN 311—LS 6977/DI 144 7
273	273	1 (1) the police chief of any city;
274	274	2 (2) the police chief of any town having a metropolitan police
275	275	3 department; and
276	276	4 (3) the chief of a consolidated law enforcement department
277	277	5 established under IC 36-3-1-5.1.
278	278	6 A town marshal is not considered to be a police chief for these
279	279	7 purposes, but a town marshal may enroll in the executive training
280	280	8 program.
281	281	9 (m) A fire investigator in the department of homeland security
282	282	10 appointed after December 31, 1993, is required to comply with the
283	283	11 basic training standards established under this chapter.
284	284	12 (n) The board shall adopt rules under IC 4-22-2 to establish a
285	285	13 program to certify handgun safety courses, including courses offered
286	286	14 in the private sector, that meet standards approved by the board for
287	287	15 training probation officers in handgun safety as required by
288	288	16 IC 11-13-1-3.5(3). IC 11-13-1-3.5(2).
289	289	17 (o) The board shall adopt rules under IC 4-22-2 to establish a
290	290	18 refresher course for an officer who:
291	291	19 (1) is hired by an Indiana law enforcement department or agency
292	292	20 as a law enforcement officer;
293	293	21 (2) has not been employed as a law enforcement officer for:
294	294	22 (A) at least two (2) years; and
295	295	23 (B) less than six (6) years before the officer is hired under
296	296	24 subdivision (1); and
297	297	25 (3) completed at any time a basic training course certified or
298	298	26 recognized by the board before the officer is hired under
299	299	27 subdivision (1).
300	300	28 (p) An officer to whom subsection (o) applies must successfully
301	301	29 complete the refresher course described in subsection (o) not later than
302	302	30 six (6) months after the officer's date of hire, or the officer loses the
303	303	31 officer's powers of:
304	304	32 (1) arrest;
305	305	33 (2) search; and
306	306	34 (3) seizure.
307	307	35 (q) The board shall adopt rules under IC 4-22-2 to establish a
308	308	36 refresher course for an officer who:
309	309	37 (1) is appointed by an Indiana law enforcement department or
310	310	38 agency as a reserve police officer; and
311	311	39 (2) has not worked as a reserve police officer for at least two (2)
312	312	40 years after:
313	313	41 (A) completing the pre-basic course; or
314	314	42 (B) leaving the individual's last appointment as a reserve
315	315	2022 IN 311—LS 6977/DI 144 8
316	316	1 police officer.
317	317	2 An officer to whom this subsection applies must successfully complete
318	318	3 the refresher course established by the board in order to work as a
319	319	4 reserve police officer.
320	320	5 (r) This subsection applies to an individual who, at the time the
321	321	6 individual completes a board certified or recognized basic training
322	322	7 course, has not been appointed as a law enforcement officer by an
323	323	8 Indiana law enforcement department or agency. If the individual is not
324	324	9 employed as a law enforcement officer for at least two (2) years after
325	325	10 completing the basic training course, the individual must successfully
326	326	11 retake and complete the basic training course as set forth in subsection
327	327	12 (d).
328	328	13 (s) The board shall adopt rules under IC 4-22-2 to establish a
329	329	14 refresher course for an individual who:
330	330	15 (1) is appointed as a board certified instructor of law enforcement
331	331	16 training; and
332	332	17 (2) has not provided law enforcement training instruction for
333	333	18 more than one (1) year after the date the individual's instructor
334	334	19 certification expired.
335	335	20 An individual to whom this subsection applies must successfully
336	336	21 complete the refresher course established by the board in order to
337	337	22 renew the individual's instructor certification.
338	338	23 (t) This subsection applies only to a gaming agent employed as a
339	339	24 law enforcement officer by the Indiana gaming commission. A gaming
340	340	25 agent appointed after June 30, 2005, may exercise the police powers
341	341	26 described in subsection (d) if:
342	342	27 (1) the agent successfully completes the pre-basic course
343	343	28 established in subsection (f); and
344	344	29 (2) the agent successfully completes any other training courses
345	345	30 established by the Indiana gaming commission in conjunction
346	346	31 with the board.
347	347	32 (u) This subsection applies only to a securities enforcement officer
348	348	33 designated as a law enforcement officer by the securities
349	349	34 commissioner. A securities enforcement officer may exercise the police
350	350	35 powers described in subsection (d) if:
351	351	36 (1) the securities enforcement officer successfully completes the
352	352	37 pre-basic course established in subsection (f); and
353	353	38 (2) the securities enforcement officer successfully completes any
354	354	39 other training courses established by the securities commissioner
355	355	40 in conjunction with the board.
356	356	41 (v) As used in this section, "upper level policymaking position"
357	357	42 refers to the following:
358	358	2022 IN 311—LS 6977/DI 144 9
359	359	1 (1) If the authorized size of the department or town marshal
360	360	2 system is not more than ten (10) members, the term refers to the
361	361	3 position held by the police chief or town marshal.
362	362	4 (2) If the authorized size of the department or town marshal
363	363	5 system is more than ten (10) members but less than fifty-one (51)
364	364	6 members, the term refers to:
365	365	7 (A) the position held by the police chief or town marshal; and
366	366	8 (B) each position held by the members of the police
367	367	9 department or town marshal system in the next rank and pay
368	368	10 grade immediately below the police chief or town marshal.
369	369	11 (3) If the authorized size of the department or town marshal
370	370	12 system is more than fifty (50) members, the term refers to:
371	371	13 (A) the position held by the police chief or town marshal; and
372	372	14 (B) each position held by the members of the police
373	373	15 department or town marshal system in the next two (2) ranks
374	374	16 and pay grades immediately below the police chief or town
375	375	17 marshal.
376	376	18 (w) This subsection applies only to a correctional police officer
377	377	19 employed by the department of correction. A correctional police officer
378	378	20 may exercise the police powers described in subsection (d) if:
379	379	21 (1) the officer successfully completes the pre-basic course
380	380	22 described in subsection (f); and
381	381	23 (2) the officer successfully completes any other training courses
382	382	24 established by the department of correction in conjunction with
383	383	25 the board.
384	384	26 (x) This subsection applies only to the sexual assault training
385	385	27 described in subsection (a)(11). The board shall:
386	386	28 (1) consult with experts on the neurobiology of trauma, trauma
387	387	29 informed interviewing, and investigative techniques in developing
388	388	30 the sexual assault training; and
389	389	31 (2) develop the sexual assault training and begin offering the
390	390	32 training not later than July 1, 2022.
391	391	33 (y) After July 1, 2023, a law enforcement officer who regularly
392	392	34 investigates sexual assaults involving adult victims must complete the
393	393	35 training requirements described in subsection (a)(11) within one (1)
394	394	36 year of being assigned to regularly investigate sexual assaults involving
395	395	37 adult victims.
396	396	38 (z) A law enforcement officer who regularly investigates sexual
397	397	39 assaults involving adult victims may complete the training
398	398	40 requirements described in subsection (a)(11) by attending a:
399	399	41 (1) statewide or national training; or
400	400	42 (2) department hosted local training.
401	401	2022 IN 311—LS 6977/DI 144 10
402	402	1 (aa) Notwithstanding any other provisions of this section, the board
403	403	2 is authorized to establish certain required standards of training and
404	404	3 procedure.
405	405	4 SECTION 2. IC 11-13-1-3.5, AS AMENDED BY P.L.4-2017,
406	406	5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
407	407	6 JULY 1, 2022]: Sec. 3.5. A probation officer may not carry a handgun
408	408	7 as described in IC 35-47-2-1 in any vehicle or on or about the
409	409	8 probation officer's body while acting in the scope of employment as
410	410	9 a probation officer unless all of the following conditions are met:
411	411	10 (1) The appointing court enters an order authorizing the probation
412	412	11 officer to carry the handgun while on duty.
413	413	12 (2) The probation officer is issued a license to carry the handgun
414	414	13 under IC 35-47-2.
415	415	14 (3) (2) The probation officer successfully completes a handgun
416	416	15 safety course certified by the law enforcement training board
417	417	16 under IC 5-2-1-9(n).
418	418	17 SECTION 3. IC 14-16-1-23, AS AMENDED BY P.L.35-2011,
419	419	18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
420	420	19 JULY 1, 2022]: Sec. 23. (a) An individual shall not operate a vehicle
421	421	20 under any of the following conditions:
422	422	21 (1) At a rate of speed greater than is reasonable and proper having
423	423	22 due regard for existing conditions or in a manner that
424	424	23 unnecessarily endangers the person or property of another.
425	425	24 (2) While:
426	426	25 (A) under the influence of an alcoholic beverage; or
427	427	26 (B) unlawfully under the influence of a narcotic or other habit
428	428	27 forming or dangerous depressant or stimulant drug.
429	429	28 (3) During the hours from thirty (30) minutes after sunset to thirty
430	430	29 (30) minutes before sunrise without displaying a lighted headlight
431	431	30 and a lighted taillight.
432	432	31 (4) In a forest nursery, a planting area, or public land posted or
433	433	32 reasonably identified as an area of forest or plant reproduction
434	434	33 and when growing stock may be damaged.
435	435	34 (5) On the frozen surface of public waters within:
436	436	35 (A) one hundred (100) feet of an individual not in or upon a
437	437	36 vehicle; or
438	438	37 (B) one hundred (100) feet of a fishing shanty or shelter;
439	439	38 except at a speed of not more than five (5) miles per hour.
440	440	39 (6) Unless the vehicle is equipped with a muffler in good working
441	441	40 order and in constant operation to prevent excessive or unusual
442	442	41 noise and annoying smoke.
443	443	42 (7) Within one hundred (100) feet of a dwelling between midnight
444	444	2022 IN 311—LS 6977/DI 144 11
445	445	1 and 6:00 a.m., except on the individual's own property or property
446	446	2 under the individual's control or as an invited guest.
447	447	3 (8) On any property without the consent of the landowner or
448	448	4 tenant.
449	449	5 (9) While transporting on or in the vehicle a firearm, unless the
450	450	6 firearm is:
451	451	7 (A) unloaded; and
452	452	8 (B) securely encased or equipped with and made inoperative
453	453	9 by a manufactured keylocked trigger housing mechanism.
454	454	10 (10) On or across a cemetery or burial ground.
455	455	11 (11) Within one hundred (100) feet of a slide, ski, or skating area,
456	456	12 except for the purpose of servicing the area.
457	457	13 (12) On a railroad track or railroad right-of-way, except railroad
458	458	14 personnel in the performance of duties.
459	459	15 (13) In or upon a flowing river, stream, or creek, except for the
460	460	16 purpose of crossing by the shortest possible route, unless the
461	461	17 river, stream, or creek is of sufficient water depth to permit
462	462	18 movement by flotation of the vehicle at all times.
463	463	19 (14) An individual shall not operate a vehicle while a bow is
464	464	20 present in or on the vehicle if the nock of an arrow is in position
465	465	21 on the string of the bow.
466	466	22 (b) Subsection (a)(9) does not apply to a person who is carrying a
467	467	23 firearm:
468	468	24 (1) if:
469	469	25 (A) the firearm is a handgun; and
470	470	26 (B) the person has been issued an unlimited handgun license
471	471	27 to carry a handgun under IC 35-47-2; is not otherwise
472	472	28 prohibited from possessing a firearm under state or
473	473	29 federal law;
474	474	30 (2) if:
475	475	31 (A) the firearm is a handgun; and
476	476	32 (B) the person is not required to possess a license to carry a
477	477	33 handgun under IC 35-47-2-2; or
478	478	34 (3) (2) if the person carrying the firearm is operating the vehicle
479	479	35 on property that the person:
480	480	36 (A) owns;
481	481	37 (B) has a contractual interest in;
482	482	38 (C) otherwise legally possesses; or
483	483	39 (D) has permission from a person described in clauses (A)
484	484	40 through (C) to possess a firearm on.
485	485	41 SECTION 4. IC 31-30-1-4, AS AMENDED BY P.L.28-2016,
486	486	42 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
487	487	2022 IN 311—LS 6977/DI 144 12
488	488	1 JULY 1, 2022]: Sec. 4. (a) The juvenile court does not have jurisdiction
489	489	2 over an individual for an alleged violation of:
490	490	3 (1) IC 35-41-5-1(a) (attempted murder);
491	491	4 (2) IC 35-42-1-1 (murder);
492	492	5 (3) IC 35-42-3-2 (kidnapping);
493	493	6 (4) IC 35-42-4-1 (rape);
494	494	7 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
495	495	8 (6) IC 35-42-5-1 (robbery) if:
496	496	9 (A) the robbery was committed while armed with a deadly
497	497	10 weapon; or
498	498	11 (B) the robbery results in bodily injury or serious bodily
499	499	12 injury;
500	500	13 (7) IC 35-42-5-2 (carjacking) (before its repeal);
501	501	14 (8) IC 35-47-2-1 (carrying a handgun without a license), if
502	502	15 charged as a felony; IC 35-47-2-1.5 (unlawful carrying of a
503	503	16 handgun) if the violation of IC 35-47-2-1.5 occurred during
504	504	17 the commission of another crime;
505	505	18 (9) IC 35-47-10 (children and firearms), if charged as a felony; or
506	506	19 (10) any offense that may be joined under IC 35-34-1-9(a)(2) with
507	507	20 any crime listed in this subsection;
508	508	21 if the individual was at least sixteen (16) years of age but less than
509	509	22 eighteen (18) years of age at the time of the alleged violation.
510	510	23 (b) Once an individual described in subsection (a) has been charged
511	511	24 with any offense listed in subsection (a), the court having adult
512	512	25 criminal jurisdiction shall retain jurisdiction over the case if the
513	513	26 individual pleads guilty to or is convicted of any offense listed in
514	514	27 subsection (a)(1) through (a)(9).
515	515	28 (c) If:
516	516	29 (1) an individual described in subsection (a) is charged with one
517	517	30 (1) or more offenses listed in subsection (a);
518	518	31 (2) all the charges under subsection (a)(1) through (a)(9) resulted
519	519	32 in an acquittal or were dismissed; and
520	520	33 (3) the individual pleads guilty to or is convicted of any offense
521	521	34 other than an offense listed in subsection (a)(1) through (a)(9);
522	522	35 the court having adult criminal jurisdiction may withhold judgment and
523	523	36 transfer jurisdiction to the juvenile court for adjudication and
524	524	37 disposition. In determining whether to transfer jurisdiction to the
525	525	38 juvenile court for adjudication and disposition, the court having adult
526	526	39 criminal jurisdiction shall consider whether there are appropriate
527	527	40 services available in the juvenile justice system, whether the child is
528	528	41 amenable to rehabilitation under the juvenile justice system, and
529	529	42 whether it is in the best interests of the safety and welfare of the
530	530	2022 IN 311—LS 6977/DI 144 13
531	531	1 community that the child be transferred to juvenile court. All orders
532	532	2 concerning release conditions remain in effect until a juvenile court
533	533	3 detention hearing, which must be held not later than forty-eight (48)
534	534	4 hours, excluding Saturdays, Sundays, and legal holidays, after the order
535	535	5 of transfer of jurisdiction.
536	536	6 SECTION 5. IC 35-31.5-2-78, AS AMENDED BY P.L.40-2019,
537	537	7 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
538	538	8 JULY 1, 2022]: Sec. 78. "Crime of domestic violence", for purposes of
539	539	9 IC 5-2-6.1, IC 35-38-9, IC 35-47-2-1.5, and IC 35-47-4-7, means an
540	540	10 offense or the attempt to commit an offense that:
541	541	11 (1) has as an element the:
542	542	12 (A) use of physical force; or
543	543	13 (B) threatened use of a deadly weapon; and
544	544	14 (2) is committed against a family or household member, as
545	545	15 defined in section 128 of this chapter.
546	546	16 SECTION 6. IC 35-33-1-1, AS AMENDED BY P.L.65-2016,
547	547	17 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
548	548	18 JULY 1, 2022]: Sec. 1. (a) A law enforcement officer may arrest a
549	549	19 person when the officer has:
550	550	20 (1) a warrant commanding that the person be arrested;
551	551	21 (2) probable cause to believe the person has committed or
552	552	22 attempted to commit, or is committing or attempting to commit,
553	553	23 a felony;
554	554	24 (3) probable cause to believe the person has violated the
555	555	25 provisions of IC 9-26-1-1.1 or IC 9-30-5;
556	556	26 (4) probable cause to believe the person is committing or
557	557	27 attempting to commit a misdemeanor in the officer's presence;
558	558	28 (5) probable cause to believe the person has committed a:
559	559	29 (A) battery resulting in bodily injury under IC 35-42-2-1; or
560	560	30 (B) domestic battery under IC 35-42-2-1.3.
561	561	31 The officer may use an affidavit executed by an individual alleged
562	562	32 to have direct knowledge of the incident alleging the elements of
563	563	33 the offense of battery to establish probable cause;
564	564	34 (6) probable cause to believe that the person violated
565	565	35 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
566	566	36 (7) probable cause to believe that the person violated
567	567	37 IC 35-47-2-1 (carrying a handgun without a license)
568	568	38 IC 35-47-2-1.5 (unlawful carrying of a handgun) or
569	569	39 IC 35-47-2-22 (counterfeit handgun license);
570	570	40 (8) probable cause to believe that the person is violating or has
571	571	41 violated an order issued under IC 35-50-7;
572	572	42 (9) probable cause to believe that the person is violating or has
573	573	2022 IN 311—LS 6977/DI 144 14
574	574	1 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
575	575	2 device);
576	576	3 (10) probable cause to believe that the person is:
577	577	4 (A) violating or has violated IC 35-45-2-5 (interference with
578	578	5 the reporting of a crime); and
579	579	6 (B) interfering with or preventing the reporting of a crime
580	580	7 involving domestic or family violence (as defined in
581	581	8 IC 34-6-2-34.5);
582	582	9 (11) probable cause to believe that the person has committed theft
583	583	10 (IC 35-43-4-2);
584	584	11 (12) a removal order issued for the person by an immigration
585	585	12 court;
586	586	13 (13) a detainer or notice of action for the person issued by the
587	587	14 United States Department of Homeland Security; or
588	588	15 (14) probable cause to believe that the person has been indicted
589	589	16 for or convicted of one (1) or more aggravated felonies (as
590	590	17 defined in 8 U.S.C. 1101(a)(43)).
591	591	18 (b) A person who:
592	592	19 (1) is employed full time as a federal enforcement officer;
593	593	20 (2) is empowered to effect an arrest with or without warrant for a
594	594	21 violation of the United States Code; and
595	595	22 (3) is authorized to carry firearms in the performance of the
596	596	23 person's duties;
597	597	24 may act as an officer for the arrest of offenders against the laws of this
598	598	25 state where the person reasonably believes that a felony has been or is
599	599	26 about to be committed or attempted in the person's presence.
600	600	27 SECTION 7. IC 35-43-4-2, AS AMENDED BY P.L.70-2021,
601	601	28 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
602	602	29 JULY 1, 2022]: Sec. 2. (a) A person who knowingly or intentionally
603	603	30 exerts unauthorized control over property of another person, with intent
604	604	31 to deprive the other person of any part of its value or use, commits
605	605	32 theft, a Class A misdemeanor. However, the offense is:
606	606	33 (1) a Level 6 felony if:
607	607	34 (A) the value of the property is at least seven hundred fifty
608	608	35 dollars ($750) and less than fifty thousand dollars ($50,000);
609	609	36 (B) the property is a:
610	610	37 (i) firearm;
611	611	38 (ii) (i) motor vehicle (as defined in IC 9-13-2-105(a)); or
612	612	39 (iii) (ii) component part (as defined in IC 9-13-2-34) of a
613	613	40 motor vehicle; or
614	614	41 (C) the person has a prior unrelated conviction for:
615	615	42 (i) theft under this section;
616	616	2022 IN 311—LS 6977/DI 144 15
617	617	1 (ii) criminal conversion under section 3 of this chapter;
618	618	2 (iii) robbery under IC 35-42-5-1; or
619	619	3 (iv) burglary under IC 35-43-2-1; and
620	620	4 (2) a Level 5 felony if:
621	621	5 (A) the value of the property is at least fifty thousand dollars
622	622	6 ($50,000);
623	623	7 (B) the property that is the subject of the theft is a valuable
624	624	8 metal (as defined in IC 25-37.5-1-1) and:
625	625	9 (i) relates to transportation safety;
626	626	10 (ii) relates to public safety; or
627	627	11 (iii) is taken from a hospital or other health care facility,
628	628	12 telecommunications provider, public utility (as defined in
629	629	13 IC 32-24-1-5.9(a)), or critical infrastructure facility;
630	630	14 and the absence of the property creates a substantial risk of
631	631	15 bodily injury to a person; or
632	632	16 (C) the property is a:
633	633	17 (i) motor vehicle (as defined in IC 9-13-2-105(a)); or
634	634	18 (ii) component part (as defined in IC 9-13-2-34) of a motor
635	635	19 vehicle; and
636	636	20 the person has a prior unrelated conviction for theft of a motor
637	637	21 vehicle (as defined in IC 9-13-2-105(a)) or theft of a
638	638	22 component part (as defined in IC 9-13-2-34); and
639	639	23 (3) a Level 5 felony if the property is a firearm.
640	640	24 (b) For purposes of this section, "the value of property" means:
641	641	25 (1) the fair market value of the property at the time and place the
642	642	26 offense was committed; or
643	643	27 (2) if the fair market value of the property cannot be satisfactorily
644	644	28 determined, the cost to replace the property within a reasonable
645	645	29 time after the offense was committed.
646	646	30 A price tag or price marking on property displayed or offered for sale
647	647	31 constitutes prima facie evidence of the value of the property.
648	648	32 (c) If the offense described in subsection (a) is committed by a
649	649	33 public servant who exerted unauthorized control over public funds (as
650	650	34 defined by IC 5-22-2-23) from the public servant's employer, the
651	651	35 employer may be reimbursed in accordance with IC 2-3.5-4-11,
652	652	36 IC 2-3.5-5-9, IC 5-10-5.5-19, IC 5-10.3-8-9, IC 5-10.4-5-14,
653	653	37 IC 10-12-2-10, IC 33-38-6-19.5, IC 33-39-7-10.5, IC 36-8-6-14,
654	654	38 IC 36-8-7-22, IC 36-8-7.5-19, or IC 36-8-8-17.
655	655	39 SECTION 8. IC 35-47-2-1, AS AMENDED BY P.L.221-2017,
656	656	40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
657	657	41 JULY 1, 2022]: Sec. 1. (a) Except as provided in subsections (b) and
658	658	42 (c) and sections 2 through 2.1 of this chapter, a person shall not carry
659	659	2022 IN 311—LS 6977/DI 144 16
660	660	1 a handgun in any vehicle or on or about the person's body without
661	661	2 being licensed under this chapter to carry a handgun. A person who
662	662	3 meets the following requirements may carry a handgun in the
663	663	4 manner described in subsection (b):
664	664	5 (1) The person is not prohibited from possessing or carrying
665	665	6 a handgun under federal law as in effect on January 1, 2022.
666	666	7 (2) Notwithstanding section 1.5 of this chapter, the person is
667	667	8 not otherwise prohibited under state law from possessing or
668	668	9 carrying a handgun.
669	669	10 (3) The person does not meet the requirements under
670	670	11 IC 35-47-2-3 to receive a license to carry a handgun in
671	671	12 Indiana.
672	672	13 (b) Except as provided in subsection (c), A person may carry a
673	673	14 handgun without being licensed under this chapter to carry a handgun
674	674	15 if:
675	675	16 (1) the person carries the handgun on or about the person's body
676	676	17 in or on property that is owned, leased, rented, or otherwise
677	677	18 legally controlled by the person;
678	678	19 (2) the person carries the handgun on or about the person's body
679	679	20 while lawfully present in or on property that is owned, leased,
680	680	21 rented, or otherwise legally controlled by another person, if the
681	681	22 person:
682	682	23 (A) has the consent of the owner, renter, lessor, or person who
683	683	24 legally controls the property to have the handgun on the
684	684	25 premises;
685	685	26 (B) is attending a firearms related event on the property,
686	686	27 including a gun show, firearms expo, gun owner's club or
687	687	28 convention, hunting club, shooting club, or training course; or
688	688	29 (C) is on the property to receive firearms related services,
689	689	30 including the repair, maintenance, or modification of a
690	690	31 firearm;
691	691	32 (3) the person carries the handgun in a vehicle that is owned,
692	692	33 leased, rented, or otherwise legally controlled by the person, if the
693	693	34 handgun is:
694	694	35 (A) unloaded;
695	695	36 (B) not readily accessible; and
696	696	37 (C) secured in a case;
697	697	38 (4) the person carries the handgun while lawfully present in a
698	698	39 vehicle that is owned, leased, rented, or otherwise legally
699	699	40 controlled by another person, if the handgun is:
700	700	41 (A) unloaded;
701	701	42 (B) not readily accessible; and
702	702	2022 IN 311—LS 6977/DI 144 17
703	703	1 (C) secured in a case; or
704	704	2 (5) the person carries the handgun:
705	705	3 (A) at a shooting range (as defined in IC 14-22-31.5-3);
706	706	4 (B) while attending a firearms instructional course; or
707	707	5 (C) while engaged in a legal hunting activity. or
708	708	6 (6) the person is permitted to carry a handgun without a license
709	709	7 under section 2.1 of this chapter (persons protected by a
710	710	8 protection order).
711	711	9 (c) Unless the person's right to possess a firearm has been restored
712	712	10 under IC 35-47-4-7, a person who has been convicted of domestic
713	713	11 battery under IC 35-42-2-1.3 may not possess or carry a handgun.
714	714	12 (d) (c) This section chapter may not be construed:
715	715	13 (1) to prohibit a person who owns, leases, rents, or otherwise
716	716	14 legally controls private property from regulating or prohibiting the
717	717	15 possession of firearms on the private property;
718	718	16 (2) to allow a person to adopt or enforce an ordinance, resolution,
719	719	17 policy, or rule that:
720	720	18 (A) prohibits; or
721	721	19 (B) has the effect of prohibiting;
722	722	20 an employee of the person from possessing a firearm or
723	723	21 ammunition that is locked in the trunk of the employee's vehicle,
724	724	22 kept in the glove compartment of the employee's locked vehicle,
725	725	23 or stored out of plain sight in the employee's locked vehicle,
726	726	24 unless the person's adoption or enforcement of the ordinance,
727	727	25 resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
728	728	26 (3) to allow a person to adopt or enforce a law, statute, ordinance,
729	729	27 resolution, policy, or rule that allows a person to possess or
730	730	28 transport a firearm or ammunition if the person is prohibited from
731	731	29 possessing or transporting the firearm or ammunition by state or
732	732	30 federal law.
733	733	31 (d) Nothing in this chapter may be construed to affect the status
734	734	32 or validity of a five (5) year or lifetime license to carry a handgun
735	735	33 issued by the superintendent before July 1, 2022. Any license
736	736	34 described under this subsection shall remain valid for the duration
737	737	35 of the license or the lifetime of the licensee, as applicable.
738	738	36 (e) A person who knowingly or intentionally violates this section
739	739	37 commits a Class A misdemeanor. However, the offense is a Level 5
740	740	38 felony:
741	741	39 (1) if the offense is committed:
742	742	40 (A) on or in school property;
743	743	41 (B) within five hundred (500) feet of school property; or
744	744	42 (C) on a school bus; or
745	745	2022 IN 311—LS 6977/DI 144 18
746	746	1 (2) if the person:
747	747	2 (A) has a prior conviction of any offense under:
748	748	3 (i) this section; or
749	749	4 (ii) section 22 of this chapter; or
750	750	5 (B) has been convicted of a felony within fifteen (15) years
751	751	6 before the date of the offense.
752	752	7 SECTION 9. IC 35-47-2-1.5 IS ADDED TO THE INDIANA CODE
753	753	8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
754	754	9 1, 2022]: Sec. 1.5. (a) The following terms are defined for this
755	755	10 section:
756	756	11 (1) "Adjudicated a mental defective" means a determination
757	757	12 by a court that a person:
758	758	13 (A) presents a danger to the person or to others; or
759	759	14 (B) lacks the mental capacity necessary to contract or
760	760	15 manage the person's affairs.
761	761	16 The term includes a finding of insanity by a court in a
762	762	17 criminal proceeding.
763	763	18 (2) "Alien" means any person who is not lawfully in the
764	764	19 United States. The term includes:
765	765	20 (A) any person who has:
766	766	21 (i) entered the United States without inspection and
767	767	22 authorization by an immigration officer; and
768	768	23 (ii) not been paroled into the United States under the
769	769	24 federal Immigration and Nationality Act;
770	770	25 (B) a nonimmigrant:
771	771	26 (i) whose authorized period of stay has expired; or
772	772	27 (ii) who has violated the terms of the nonimmigrant
773	773	28 category under which the person was admitted;
774	774	29 (C) a person paroled under the federal Immigration and
775	775	30 Nationality Act whose period of parole has:
776	776	31 (i) expired; or
777	777	32 (ii) been terminated; and
778	778	33 (D) a person subject to an order:
779	779	34 (i) of deportation, exclusion, or removal; or
780	780	35 (ii) to depart the United States voluntarily;
781	781	36 regardless of whether or not the person has left the United
782	782	37 States.
783	783	38 (3) "Committed to a mental institution" means the formal
784	784	39 commitment of a person to a mental institution by a court.
785	785	40 The term includes:
786	786	41 (A) a commitment for:
787	787	42 (i) a cognitive or mental defect; or
788	788	2022 IN 311—LS 6977/DI 144 19
789	789	1 (ii) a mental illness; and
790	790	2 (B) involuntary commitments.
791	791	3 The term does not include voluntary commitments or a
792	792	4 commitment made for observational purposes.
793	793	5 (4) "Crime of domestic violence" has the meaning set forth in
794	794	6 IC 35-31.5-2-78.
795	795	7 (5) "Dangerous" has the meaning set forth in IC 35-47-14-1.
796	796	8 (6) "Fugitive from justice" means any person who:
797	797	9 (A) flees or leaves from any state to avoid prosecution for
798	798	10 a felony or misdemeanor offense; or
799	799	11 (B) flees or leaves any state to avoid testifying in a criminal
800	800	12 proceeding.
801	801	13 (7) "Indictment" means any formal accusation of a crime
802	802	14 made by a prosecuting attorney in any court for a crime
803	803	15 punishable by a term of imprisonment exceeding one (1) year.
804	804	16 (8) A crime or offense "punishable by a term of imprisonment
805	805	17 exceeding one (1) year" does not include a federal or state
806	806	18 crime or offense pertaining to antitrust violations, unfair
807	807	19 trade practices, restraints of trade, or other similar offenses
808	808	20 relating to the regulation of business practices.
809	809	21 (b) Except as provided in subsections (c) and (d), the following
810	810	22 persons may not knowingly or intentionally carry a handgun:
811	811	23 (1) A person convicted of a federal or state offense punishable
812	812	24 by a term of imprisonment exceeding one (1) year.
813	813	25 (2) A fugitive from justice.
814	814	26 (3) An alien.
815	815	27 (4) A person convicted of:
816	816	28 (A) a crime of domestic violence (IC 35-31.5-2-78);
817	817	29 (B) domestic battery (IC 35-42-2-1.3); or
818	818	30 (C) criminal stalking (IC 35-45-10-5).
819	819	31 (5) A person restrained by an order of protection issued under
820	820	32 IC 34-26-5.
821	821	33 (6) A person under indictment.
822	822	34 (7) A person who has been:
823	823	35 (A) adjudicated dangerous under IC 35-47-14-6;
824	824	36 (B) adjudicated a mental defective; or
825	825	37 (C) committed to a mental institution.
826	826	38 (8) A person dishonorably discharged from:
827	827	39 (A) military service; or
828	828	40 (B) the National Guard.
829	829	41 (9) A person who renounces the person's United States
830	830	42 citizenship in the manner described in 8 U.S.C. 1481.
831	831	2022 IN 311—LS 6977/DI 144 20
832	832	1 (10) A person who is less than:
833	833	2 (A) eighteen (18) years of age; or
834	834	3 (B) twenty-three (23) years of age and has an adjudication
835	835	4 as a delinquent child for an act described by IC 35-47-4-5;
836	836	5 unless authorized under IC 35-47-10.
837	837	6 (c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person
838	838	7 if a court has restored the person's right to possess a firearm under
839	839	8 IC 35-47-4-7.
840	840	9 (d) A person who has:
841	841	10 (1) been adjudicated dangerous under IC 35-47-14-6; and
842	842	11 (2) successfully petitioned for the return of a firearm under
843	843	12 IC 35-47-14-8 with respect to the adjudication under
844	844	13 subdivision (1);
845	845	14 is not prohibited from carrying a handgun under subsection (b) on
846	846	15 the basis that the person was adjudicated dangerous under
847	847	16 subdivision (1). However, the person may still be prohibited from
848	848	17 carrying a handgun on one (1) or more of the other grounds listed
849	849	18 in subsection (b).
850	850	19 (e) A person who violates this section commits unlawful
851	851	20 carrying of a handgun, a Class A misdemeanor. However, the
852	852	21 offense is a Level 5 felony if:
853	853	22 (1) the person:
854	854	23 (A) is less than twenty-three (23) years of age; and
855	855	24 (B) has an adjudication as a delinquent child for an act
856	856	25 described by IC 35-47-4-5; or
857	857	26 (2) the person violates this section:
858	858	27 (A) on or in school property;
859	859	28 (B) within five hundred (500) feet of school property; or
860	860	29 (C) on a school bus.
861	861	30 SECTION 10. IC 35-47-2-2 IS REPEALED [EFFECTIVE JULY 1,
862	862	31 2022]. Sec. 2. Section 1 of this chapter does not apply to:
863	863	32 (1) marshals;
864	864	33 (2) sheriffs;
865	865	34 (3) the commissioner of the department of correction or persons
866	866	35 authorized by the commissioner in writing to carry firearms;
867	867	36 (4) judicial officers;
868	868	37 (5) law enforcement officers;
869	869	38 (6) members of the armed forces of the United States or of the
870	870	39 national guard or organized reserves while they are on duty;
871	871	40 (7) regularly enrolled members of any organization duly
872	872	41 authorized to purchase or receive such weapons from the United
873	873	42 States or from this state who are at or are going to or from their
874	874	2022 IN 311—LS 6977/DI 144 21
875	875	1 place of assembly or target practice;
876	876	2 (8) employees of the United States duly authorized to carry
877	877	3 handguns;
878	878	4 (9) employees of express companies when engaged in company
879	879	5 business; or
880	880	6 (10) any person engaged in the business of manufacturing,
881	881	7 repairing, or dealing in firearms or the agent or representative of
882	882	8 any such person having in the person's possession, using, or
883	883	9 carrying a handgun in the usual or ordinary course of that
884	884	10 business.
885	885	11 SECTION 11. IC 35-47-2-2.1 IS REPEALED [EFFECTIVE JULY
886	886	12 1, 2022]. Sec. 2.1. (a) As used in this section, "protection order" means
887	887	13 a civil protection order issued under IC 34-26-5.
888	888	14 (b) A person may carry a handgun without a license if the person:
889	889	15 (1) has applied for a license to carry a handgun as described in
890	890	16 IC 35-47-2-3;
891	891	17 (2) is protected by a protection order;
892	892	18 (3) is at least eighteen (18) years of age; and
893	893	19 (4) is not otherwise barred by state or federal law from possessing
894	894	20 a handgun;
895	895	21 during the period described in subsection (c).
896	896	22 (c) A person described in subsection (b) may carry a handgun
897	897	23 without a license for a period ending sixty (60) days after the date the
898	898	24 protection order is issued.
899	899	25 SECTION 12. IC 35-47-2-3, AS AMENDED BY P.L.165-2021,
900	900	26 SECTION 196, IS AMENDED TO READ AS FOLLOWS
901	901	27 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) A person desiring a license
902	902	28 to carry who is at least eighteen (18) years of age and is not
903	903	29 otherwise prohibited from carrying or possessing a handgun shall
904	904	30 apply: under state or federal law is not required to obtain or
905	905	31 possess a license or permit from the state to carry a handgun in
906	906	32 Indiana. A resident of this state who wishes to carry a firearm in
907	907	33 another state under a reciprocity agreement entered into by this
908	908	34 state and another state may obtain a license to carry a handgun in
909	909	35 Indiana under this chapter by applying:
910	910	36 (1) to the chief of police or corresponding law enforcement officer
911	911	37 of the municipality in which the applicant resides;
912	912	38 (2) if that municipality has no such officer, or if the applicant does
913	913	39 not reside in a municipality, to the sheriff of the county in which
914	914	40 the applicant resides after the applicant has obtained an
915	915	41 application form prescribed by the superintendent; or
916	916	42 (3) if the applicant is a resident of another state and has a regular
917	917	2022 IN 311—LS 6977/DI 144 22
918	918	1 place of business or employment in Indiana, to the sheriff of the
919	919	2 county in which the applicant has a regular place of business or
920	920	3 employment.
921	921	4 The superintendent and local law enforcement agencies shall allow an
922	922	5 applicant desiring to obtain or renew a license to carry a handgun to
923	923	6 submit an application electronically under this chapter if funds are
924	924	7 available to establish and maintain an electronic application system.
925	925	8 (b) This subsection applies before July 1, 2020. The law
926	926	9 enforcement agency which accepts an application for a handgun license
927	927	10 shall collect the following application fees:
928	928	11 (1) From a person applying for a four (4) year handgun license, a
929	929	12 ten dollar ($10) application fee, five dollars ($5) of which shall be
930	930	13 refunded if the license is not issued.
931	931	14 (2) From a person applying for a lifetime handgun license who
932	932	15 does not currently possess a valid Indiana handgun license, a fifty
933	933	16 dollar ($50) application fee, thirty dollars ($30) of which shall be
934	934	17 refunded if the license is not issued.
935	935	18 (3) From a person applying for a lifetime handgun license who
936	936	19 currently possesses a valid Indiana handgun license, a forty dollar
937	937	20 ($40) application fee, thirty dollars ($30) of which shall be
938	938	21 refunded if the license is not issued.
939	939	22 Except as provided in subsection (j), the fee shall be deposited into the
940	940	23 law enforcement agency's firearms training fund or other appropriate
941	941	24 training activities fund and used by the agency to train law enforcement
942	942	25 officers in the proper use of firearms or in other law enforcement
943	943	26 duties, or to purchase firearms, firearm related equipment, or body
944	944	27 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
945	945	28 employed by the law enforcement agency. The state board of accounts
946	946	29 shall establish rules for the proper accounting and expenditure of funds
947	947	30 collected under this subsection.
948	948	31 (c) This subsection applies after June 30, 2020, and before July 1,
949	949	32 2021. The law enforcement agency which accepts an application for a
950	950	33 handgun license shall not collect a fee from a person applying for a five
951	951	34 (5) year handgun license and shall collect the following application
952	952	35 fees:
953	953	36 (1) From a person applying for a lifetime handgun license who
954	954	37 does not currently possess a valid Indiana handgun license, a fifty
955	955	38 dollar ($50) application fee, thirty dollars ($30) of which shall be
956	956	39 refunded if the license is not issued.
957	957	40 (2) From a person applying for a lifetime handgun license who
958	958	41 currently possesses a valid Indiana handgun license, a forty dollar
959	959	42 ($40) application fee, thirty dollars ($30) of which shall be
960	960	2022 IN 311—LS 6977/DI 144 23
961	961	1 refunded if the license is not issued.
962	962	2 Except as provided in subsection (j), the fee shall be deposited into the
963	963	3 law enforcement agency's firearms training fund or other appropriate
964	964	4 training activities fund and used by the agency to train law enforcement
965	965	5 officers in the proper use of firearms or in other law enforcement
966	966	6 duties, or to purchase firearms, firearm related equipment, or body
967	967	7 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
968	968	8 employed by the law enforcement agency. The state board of accounts
969	969	9 shall establish rules for the proper accounting and expenditure of funds
970	970	10 collected under this subsection.
971	971	11 (d) This subsection applies after June 30, 2021. The law
972	972	12 enforcement agency which accepts an application for a handgun license
973	973	13 shall not collect a fee from a person applying for a handgun license.
974	974	14 (e) The officer to whom the application is made shall ascertain the
975	975	15 applicant's name, full address, length of residence in the community,
976	976	16 whether the applicant's residence is located within the limits of any city
977	977	17 or town, the applicant's occupation, place of business or employment,
978	978	18 criminal record, if any, and convictions (minor traffic offenses
979	979	19 excepted), age, race, sex, nationality, date of birth, citizenship, height,
980	980	20 weight, build, color of hair, color of eyes, scars and marks, whether the
981	981	21 applicant has previously held an Indiana license to carry a handgun
982	982	22 and, if so, the serial number of the license and year issued, whether the
983	983	23 applicant's license has ever been suspended or revoked, and if so, the
984	984	24 year and reason for the suspension or revocation, and the applicant's
985	985	25 reason for desiring a license. If the applicant is not a United States
986	986	26 citizen, the officer to whom the application is made shall ascertain the
987	987	27 applicant's country of citizenship, place of birth, and any alien or
988	988	28 admission number issued by the United States Citizenship and
989	989	29 Immigration Services or United States Customs and Border Protection
990	990	30 or any successor agency as applicable. The officer to whom the
991	991	31 application is made shall conduct an investigation into the applicant's
992	992	32 official records and verify thereby the applicant's character and
993	993	33 reputation, and shall in addition verify for accuracy the information
994	994	34 contained in the application, and shall forward this information
995	995	35 together with the officer's recommendation for approval or disapproval
996	996	36 and one (1) set of legible and classifiable fingerprints of the applicant
997	997	37 to the superintendent. An investigation conducted under this section
998	998	38 must include the consulting of available local, state, and federal
999	999	39 criminal history data banks, including the National Instant Criminal
1000	1000	40 Background Check System (NICS), to determine whether possession
1001	1001	41 of a firearm by an applicant would be a violation of state or federal law.
1002	1002	42 (f) The superintendent may make whatever further investigation the
1003	1003	2022 IN 311—LS 6977/DI 144 24
1004	1004	1 superintendent deems necessary. Whenever disapproval is
1005	1005	2 recommended, the officer to whom the application is made shall
1006	1006	3 provide the superintendent and the applicant with the officer's complete
1007	1007	4 and specific reasons, in writing, for the recommendation of
1008	1008	5 disapproval.
1009	1009	6 (g) If it appears to the superintendent that the applicant:
1010	1010	7 (1) has a proper reason for carrying a handgun; receiving a
1011	1011	8 license to carry a handgun;
1012	1012	9 (2) is of good character and reputation;
1013	1013	10 (3) is a proper person to be licensed; and
1014	1014	11 (4) is:
1015	1015	12 (A) a citizen of the United States; or
1016	1016	13 (B) not a citizen of the United States but is allowed to carry a
1017	1017	14 firearm in the United States under federal law;
1018	1018	15 the superintendent shall issue to the applicant a qualified or an
1019	1019	16 unlimited license to carry any a handgun lawfully possessed by the
1020	1020	17 applicant. in Indiana. The original license shall be delivered to the
1021	1021	18 licensee. A copy shall be delivered to the officer to whom the
1022	1022	19 application for license was made. A copy shall be retained by the
1023	1023	20 superintendent for at least five (5) years in the case of a five (5) year
1024	1024	21 license. The superintendent may adopt guidelines to establish a records
1025	1025	22 retention policy for a lifetime license. A five (5) year license shall be
1026	1026	23 valid for a period of five (5) years from the date of issue. A lifetime
1027	1027	24 license is valid for the life of the individual receiving the license. The
1028	1028	25 license of police officers, sheriffs or their deputies, and law
1029	1029	26 enforcement officers of the United States government who have twenty
1030	1030	27 (20) or more years of service shall be valid for the life of these
1031	1031	28 individuals. However, a lifetime license is automatically revoked if the
1032	1032	29 license holder does not remain a proper person.
1033	1033	30 (h) At the time a license is issued and delivered to a licensee under
1034	1034	31 subsection (g), the superintendent shall include with the license
1035	1035	32 information concerning handgun firearms safety rules that:
1036	1036	33 (1) neither opposes nor supports an individual's right to bear
1037	1037	34 arms; and
1038	1038	35 (2) is:
1039	1039	36 (A) recommended by a nonprofit educational organization that
1040	1040	37 is dedicated to providing education on safe handling and use
1041	1041	38 of firearms;
1042	1042	39 (B) prepared by the state police department; and
1043	1043	40 (C) approved by the superintendent.
1044	1044	41 The superintendent may not deny a license under this section because
1045	1045	42 the information required under this subsection is unavailable at the
1046	1046	2022 IN 311—LS 6977/DI 144 25
1047	1047	1 time the superintendent would otherwise issue a license. The state
1048	1048	2 police department may accept private donations or grants to defray the
1049	1049	3 cost of printing and mailing the information required under this
1050	1050	4 subsection.
1051	1051	5 (i) A license to carry a handgun shall not be issued to any person
1052	1052	6 who:
1053	1053	7 (1) has been convicted of a felony;
1054	1054	8 (2) has had a license to carry a handgun suspended, unless the
1055	1055	9 person's license has been reinstated;
1056	1056	10 (3) is under eighteen (18) years of age;
1057	1057	11 (4) is under twenty-three (23) years of age if the person has been
1058	1058	12 adjudicated a delinquent child for an act that would be a felony if
1059	1059	13 committed by an adult;
1060	1060	14 (5) has been arrested for a Class A or Class B felony for an
1061	1061	15 offense committed before July 1, 2014, for a Level 1, Level 2,
1062	1062	16 Level 3, or Level 4 felony for an offense committed after June 30,
1063	1063	17 2014, or any other felony that was committed while armed with
1064	1064	18 a deadly weapon or that involved the use of violence, if a court
1065	1065	19 has found probable cause to believe that the person committed the
1066	1066	20 offense charged; or
1067	1067	21 (6) is prohibited by federal law from possessing or receiving
1068	1068	22 firearms under 18 U.S.C. 922(g); or
1069	1069	23 (7) is described in IC 35-47-2-1.5, unless exempted by
1070	1070	24 IC 35-47-2-1.5.
1071	1071	25 In the case of an arrest under subdivision (5), a license to carry a
1072	1072	26 handgun may be issued to a person who has been acquitted of the
1073	1073	27 specific offense charged or if the charges for the specific offense are
1074	1074	28 dismissed. The superintendent shall prescribe all forms to be used in
1075	1075	29 connection with the administration of this chapter.
1076	1076	30 (j) If the law enforcement agency that charges a fee under
1077	1077	31 subsection (b) or (c) is a city or town law enforcement agency, the fee
1078	1078	32 shall be deposited in the law enforcement continuing education fund
1079	1079	33 established under IC 5-2-8-2.
1080	1080	34 (k) If a person who holds a valid license to carry a handgun issued
1081	1081	35 under this chapter:
1082	1082	36 (1) changes the person's name;
1083	1083	37 (2) changes the person's address; or
1084	1084	38 (3) experiences a change, including an arrest or a conviction, that
1085	1085	39 may affect the person's status as a proper person (as defined in
1086	1086	40 IC 35-47-1-7) or otherwise disqualify the person from holding a
1087	1087	41 license;
1088	1088	42 the person shall, not later than thirty (30) days after the date of a
1089	1089	2022 IN 311—LS 6977/DI 144 26
1090	1090	1 change described under subdivision (3), and not later than sixty (60)
1091	1091	2 days after the date of the change described under subdivision (1) or (2),
1092	1092	3 notify the superintendent, in writing, of the event described under
1093	1093	4 subdivision (3) or, in the case of a change under subdivision (1) or (2),
1094	1094	5 the person's new name or new address.
1095	1095	6 (l) The state police shall indicate on the form for a license to carry
1096	1096	7 a handgun the notification requirements of subsection (k).
1097	1097	8 (m) The state police department shall adopt rules under IC 4-22-2
1098	1098	9 to
1099	1099	10 (1) implement an electronic application system under subsection
1100	1100	11 (a). and
1101	1101	12 (2) expedite the processing of an application made by a person
1102	1102	13 described in section 2.1(b) of this chapter.
1103	1103	14 Rules adopted under this section must require the superintendent to
1104	1104	15 keep on file one (1) set of classifiable and legible fingerprints from
1105	1105	16 every person who has received a license to carry a handgun so that a
1106	1106	17 person who applies to renew a license will not be required to submit an
1107	1107	18 additional set of fingerprints.
1108	1108	19 (n) Except as provided in subsection (o), for purposes of
1109	1109	20 IC 5-14-3-4(a)(1), the following information is confidential, may not
1110	1110	21 be published, and is not open to public inspection:
1111	1111	22 (1) Information submitted by a person under this section to:
1112	1112	23 (A) obtain; or
1113	1113	24 (B) renew;
1114	1114	25 a license to carry a handgun.
1115	1115	26 (2) Information obtained by a federal, state, or local government
1116	1116	27 entity in the course of an investigation concerning a person who
1117	1117	28 applies to:
1118	1118	29 (A) obtain; or
1119	1119	30 (B) renew;
1120	1120	31 a license to carry a handgun issued under this chapter.
1121	1121	32 (3) The name, address, and any other information that may be
1122	1122	33 used to identify a person who holds a license to carry a handgun
1123	1123	34 issued under this chapter.
1124	1124	35 (o) Notwithstanding subsection (n):
1125	1125	36 (1) any information concerning an applicant for or a person who
1126	1126	37 holds a license to carry a handgun issued under this chapter may
1127	1127	38 be released to a federal, state, or local government entity:
1128	1128	39 (A) for law enforcement purposes; or
1129	1129	40 (B) to determine the validity of a license to carry a handgun;
1130	1130	41 and
1131	1131	42 (2) general information concerning the issuance of licenses to
1132	1132	2022 IN 311—LS 6977/DI 144 27
1133	1133	1 carry handguns in Indiana may be released to a person conducting
1134	1134	2 journalistic or academic research, but only if all personal
1135	1135	3 information that could disclose the identity of any person who
1136	1136	4 holds a license to carry a handgun issued under this chapter has
1137	1137	5 been removed from the general information.
1138	1138	6 (p) A person who holds a valid license to carry a handgun under
1139	1139	7 this chapter is licensed to carry a handgun in Indiana.
1140	1140	8 (p) (q) A person who knowingly or intentionally violates this section
1141	1141	9 commits a Class B misdemeanor.
1142	1142	10 SECTION 13. IC 35-47-2-4, AS AMENDED BY P.L.165-2021,
1143	1143	11 SECTION 197, IS AMENDED TO READ AS FOLLOWS
1144	1144	12 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) Licenses to carry handguns
1145	1145	13 shall be either qualified or unlimited, and issued under section 3 of
1146	1146	14 this chapter are valid for:
1147	1147	15 (1) five (5) years from the date of issue in the case of a five (5)
1148	1148	16 year license; or
1149	1149	17 (2) the life of the individual receiving the license in the case of a
1150	1150	18 lifetime license.
1151	1151	19 A qualified license shall be issued for hunting and target practice. An
1152	1152	20 individual may separately apply for and simultaneously hold both a five
1153	1153	21 (5) year license and a lifetime license. The superintendent may adopt
1154	1154	22 rules imposing limitations on the use and carrying of handguns under
1155	1155	23 a license when handguns are carried by a licensee as a condition of
1156	1156	24 employment. Unlimited licenses shall be issued for the purpose of the
1157	1157	25 protection of life and property.
1158	1158	26 (b) This subsection applies before July 1, 2020. In addition to the
1159	1159	27 application fee, the fee for:
1160	1160	28 (1) a qualified license shall be:
1161	1161	29 (A) five dollars ($5) for a five (5) year qualified license;
1162	1162	30 (B) twenty-five dollars ($25) for a lifetime qualified license
1163	1163	31 from a person who does not currently possess a valid Indiana
1164	1164	32 handgun license; or
1165	1165	33 (C) twenty dollars ($20) for a lifetime qualified license from
1166	1166	34 a person who currently possesses a valid Indiana handgun
1167	1167	35 license; and
1168	1168	36 (2) an unlimited license shall be:
1169	1169	37 (A) thirty dollars ($30) for a five (5) year unlimited license;
1170	1170	38 (B) seventy-five dollars ($75) for a lifetime unlimited license
1171	1171	39 from a person who does not currently possess a valid Indiana
1172	1172	40 handgun license; or
1173	1173	41 (C) sixty dollars ($60) for a lifetime unlimited license from a
1174	1174	42 person who currently possesses a valid Indiana handgun
1175	1175	2022 IN 311—LS 6977/DI 144 28
1176	1176	1 license.
1177	1177	2 The superintendent shall charge a twenty dollar ($20) fee for the
1178	1178	3 issuance of a duplicate license to replace a lost or damaged license.
1179	1179	4 These fees shall be deposited in accordance with subsection (h).
1180	1180	5 (c) This subsection applies after June 30, 2020, and before July 1,
1181	1181	6 2021. In addition to the application fee, the fee for:
1182	1182	7 (1) a qualified license is:
1183	1183	8 (A) zero dollars ($0) for a five (5) year qualified license;
1184	1184	9 (B) twenty-five dollars ($25) for a lifetime qualified license
1185	1185	10 from a person who does not currently possess a valid Indiana
1186	1186	11 handgun license; and
1187	1187	12 (C) twenty dollars ($20) for a lifetime qualified license from
1188	1188	13 a person who currently possesses a valid Indiana handgun
1189	1189	14 license; and
1190	1190	15 (2) an unlimited license is:
1191	1191	16 (A) zero dollars ($0) for a five (5) year unlimited license;
1192	1192	17 (B) seventy-five dollars ($75) for a lifetime unlimited license
1193	1193	18 from a person who does not currently possess a valid Indiana
1194	1194	19 handgun license; and
1195	1195	20 (C) sixty dollars ($60) for a lifetime unlimited license from a
1196	1196	21 person who currently possesses a valid Indiana handgun
1197	1197	22 license.
1198	1198	23 The superintendent shall charge a twenty dollar ($20) fee for the
1199	1199	24 issuance of a duplicate license to replace a lost or damaged license.
1200	1200	25 These fees shall be deposited in accordance with subsection (h).
1201	1201	26 (d) (b) This subsection applies after June 30, 2021. There is no fee
1202	1202	27 for a qualified or unlimited license to carry a handgun. The
1203	1203	28 superintendent shall charge a twenty dollar ($20) fee for the issuance
1204	1204	29 of a duplicate license to replace a lost or damaged license. This fee
1205	1205	30 shall be deposited in accordance with subsection (h). (c).
1206	1206	31 (e) Licensed dealers are exempt from the payment of fees specified
1207	1207	32 in subsections (b) and (c) for a qualified license or an unlimited
1208	1208	33 license.
1209	1209	34 (f) The following officers of this state or the United States who have
1210	1210	35 been honorably retired by a lawfully created pension board or its
1211	1211	36 equivalent after at least twenty (20) years of service or because of a
1212	1212	37 disability are exempt from the payment of fees specified in subsections
1213	1213	38 (b) and (c):
1214	1214	39 (1) Police officers.
1215	1215	40 (2) Sheriffs or their deputies.
1216	1216	41 (3) Law enforcement officers.
1217	1217	42 (4) Correctional officers.
1218	1218	2022 IN 311—LS 6977/DI 144 29
1219	1219	1 (g) The following officers described in section 3(g) of this chapter
1220	1220	2 who have at least twenty (20) years of service are exempt from the
1221	1221	3 payment of fees for a lifetime qualified license or a lifetime unlimited
1222	1222	4 license specified in subsections (b) and (c):
1223	1223	5 (1) Police officers.
1224	1224	6 (2) Sheriffs or their deputies.
1225	1225	7 (3) Law enforcement officers of the United States government.
1226	1226	8 (h) (c) Fees collected under this section shall be deposited in the
1227	1227	9 state general fund.
1228	1228	10 (i) (d) The superintendent may not issue a lifetime qualified license
1229	1229	11 or a lifetime unlimited license to a person who is a resident of another
1230	1230	12 state. The superintendent may issue a five (5) year qualified license or
1231	1231	13 a five (5) year unlimited license to a person who is a resident of another
1232	1232	14 state and who has a regular place of business or employment in Indiana
1233	1233	15 as described in section 3(a)(3) of this chapter.
1234	1234	16 (j) (e) A person who knowingly or intentionally violates this section
1235	1235	17 commits a Class B misdemeanor.
1236	1236	18 SECTION 14. IC 35-47-2-24 IS REPEALED [EFFECTIVE JULY
1237	1237	19 1, 2022]. Sec. 24. (a) In an information or indictment brought for the
1238	1238	20 enforcement of any provision of this chapter, it is not necessary to
1239	1239	21 negate any exemption specified under this chapter, or to allege the
1240	1240	22 absence of a license required under this chapter. The burden of proof
1241	1241	23 is on the defendant to prove that he is exempt under section 2 of this
1242	1242	24 chapter, or that he has a license as required under this chapter.
1243	1243	25 (b) Whenever a person who has been arrested or charged with a
1244	1244	26 violation of section 1 of this chapter presents a valid license to the
1245	1245	27 prosecuting attorney or establishes that he is exempt under section 2 of
1246	1246	28 this chapter, any prosecution for a violation of section 1 of this chapter
1247	1247	29 shall be dismissed immediately, and all records of an arrest or
1248	1248	30 proceedings following arrest shall be destroyed immediately.
1249	1249	31 SECTION 15. IC 35-47-2.5-1, AS AMENDED BY P.L.152-2014,
1250	1250	32 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1251	1251	33 JULY 1, 2022]: Sec. 1. (a) Sections 2 through 5 of this chapter do not
1252	1252	34 apply to the following:
1253	1253	35 (1) Transactions between persons who are licensed as firearms
1254	1254	36 importers or collectors or firearms manufacturers or dealers under
1255	1255	37 18 U.S.C. 923.
1256	1256	38 (2) Purchases by or sales to a law enforcement officer or agent of
1257	1257	39 the United States, the state, or a county or local government.
1258	1258	40 (3) Indiana residents licensed to carry handguns under
1259	1259	41 IC 35-47-2-3. in possession of a license described in
1260	1260	42 IC 35-47-2-3.
1261	1261	2022 IN 311—LS 6977/DI 144 30
1262	1262	1 (b) Notwithstanding any other provision of this chapter, the state
1263	1263	2 shall participate in the NICS if federal funds are available to assist the
1264	1264	3 state in participating in the NICS. If:
1265	1265	4 (1) the state participates in the NICS; and
1266	1266	5 (2) there is a conflict between:
1267	1267	6 (A) a provision of this chapter; and
1268	1268	7 (B) a procedure required under the NICS;
1269	1269	8 the procedure required under the NICS prevails over the conflicting
1270	1270	9 provision of this chapter.
1271	1271	10 SECTION 16. IC 35-47-11.1-4, AS AMENDED BY P.L.147-2014,
1272	1272	11 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1273	1273	12 JULY 1, 2022]: Sec. 4. This chapter may not be construed to prevent
1274	1274	13 any of the following:
1275	1275	14 (1) A law enforcement agency of a political subdivision from
1276	1276	15 enacting and enforcing regulations pertaining to firearms,
1277	1277	16 ammunition, or firearm accessories issued to or used by law
1278	1278	17 enforcement officers in the course of their official duties.
1279	1279	18 (2) Subject to IC 34-28-7-2, an employer from regulating or
1280	1280	19 prohibiting the employees of the employer from carrying firearms
1281	1281	20 and ammunition in the course of the employee's official duties.
1282	1282	21 (3) A court or administrative law judge from hearing and
1283	1283	22 resolving any case or controversy or issuing any opinion or order
1284	1284	23 on a matter within the jurisdiction of the court or judge.
1285	1285	24 (4) The enactment or enforcement of generally applicable zoning
1286	1286	25 or business ordinances that apply to firearms businesses to the
1287	1287	26 same degree as other similar businesses. However, a provision of
1288	1288	27 an ordinance that is designed or enforced to effectively restrict or
1289	1289	28 prohibit the sale, purchase, transfer, manufacture, or display of
1290	1290	29 firearms, ammunition, or firearm accessories that is otherwise
1291	1291	30 lawful under the laws of this state is void. A unit (as defined in
1292	1292	31 IC 36-1-2-23) may not use the unit's planning and zoning powers
1293	1293	32 under IC 36-7-4 to prohibit the sale of firearms within a
1294	1294	33 prescribed distance of any other type of commercial property or
1295	1295	34 of school property or other educational property.
1296	1296	35 (5) Subject to IC 35-47-16-1, the enactment or enforcement of a
1297	1297	36 provision prohibiting or restricting the possession of a firearm in
1298	1298	37 any building that contains the courtroom of a circuit, superior,
1299	1299	38 city, town, or small claims court. However, if a portion of the
1300	1300	39 building is occupied by a residential tenant or private business,
1301	1301	40 any provision restricting or prohibiting the possession of a firearm
1302	1302	41 does not apply to the portion of the building that is occupied by
1303	1303	42 the residential tenant or private business, or to common areas of
1304	1304	2022 IN 311—LS 6977/DI 144 31
1305	1305	1 the building used by a residential tenant or private business.
1306	1306	2 (6) The enactment or enforcement of a provision prohibiting or
1307	1307	3 restricting the intentional display of a firearm at a public meeting.
1308	1308	4 (7) The enactment or enforcement of a provision prohibiting or
1309	1309	5 restricting the possession of a firearm in a public hospital
1310	1310	6 corporation that contains a secure correctional health unit that is
1311	1311	7 staffed by a law enforcement officer twenty-four (24) hours a day.
1312	1312	8 (8) The imposition of any restriction or condition placed on a
1313	1313	9 person participating in:
1314	1314	10 (A) a community corrections program (IC 11-12-1);
1315	1315	11 (B) a forensic diversion program (IC 11-12-3.7); or
1316	1316	12 (C) a pretrial diversion program (IC 33-39-1).
1317	1317	13 (9) The enforcement or prosecution of the offense of criminal
1318	1318	14 recklessness (IC 35-42-2-2) involving the use of a firearm.
1319	1319	15 (10) For an event occurring on property leased from a political
1320	1320	16 subdivision or municipal corporation by the promoter or organizer
1321	1321	17 of the event:
1322	1322	18 (A) the establishment, by the promoter or organizer, at the
1323	1323	19 promoter's or organizer's own discretion, of rules of conduct or
1324	1324	20 admission upon which attendance at or participation in the
1325	1325	21 event is conditioned; or
1326	1326	22 (B) the implementation or enforcement of the rules of conduct
1327	1327	23 or admission described in clause (A) by a political subdivision
1328	1328	24 or municipal corporation in connection with the event.
1329	1329	25 (11) The enactment or enforcement of a provision prohibiting or
1330	1330	26 restricting the possession of a firearm in a hospital established
1331	1331	27 and operated under IC 16-22-2 or IC 16-23.
1332	1332	28 (12) A unit from using the unit's planning and zoning powers
1333	1333	29 under IC 36-7-4 to prohibit the sale of firearms within two
1334	1334	30 hundred (200) feet of a school by a person having a business that
1335	1335	31 did not sell firearms within two hundred (200) feet of a school
1336	1336	32 before April 1, 1994.
1337	1337	33 (13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
1338	1338	34 from enacting or enforcing a provision prohibiting or restricting
1339	1339	35 the possession of a firearm in a building owned or administered
1340	1340	36 by the unit if:
1341	1341	37 (A) metal detection devices are located at each public entrance
1342	1342	38 to the building;
1343	1343	39 (B) each public entrance to the building is staffed by at least
1344	1344	40 one (1) law enforcement officer:
1345	1345	41 (i) who has been adequately trained to conduct inspections
1346	1346	42 of persons entering the building by use of metal detection
1347	1347	2022 IN 311—LS 6977/DI 144 32
1348	1348	1 devices and proper physical pat down searches; and
1349	1349	2 (ii) when the building is open to the public; and
1350	1350	3 (C) each:
1351	1351	4 (i) individual who enters the building through the public
1352	1352	5 entrance when the building is open to the public; and
1353	1353	6 (ii) bag, package, and other container carried by the
1354	1354	7 individual;
1355	1355	8 is inspected by a law enforcement officer described in clause
1356	1356	9 (B).
1357	1357	10 However, except as provided in subdivision (5) concerning a
1358	1358	11 building that contains a courtroom, a unit may not prohibit or
1359	1359	12 restrict the possession of a handgun under this subdivision in a
1360	1360	13 building owned or administered by the unit if the person who
1361	1361	14 possesses the handgun has been issued a valid license to carry the
1362	1362	15 handgun under IC 35-47-2. is not otherwise prohibited from
1363	1363	16 carrying or possessing a handgun.
1364	1364	17 SECTION 17. IC 35-50-2-13, AS AMENDED BY P.L.84-2015,
1365	1365	18 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1366	1366	19 JULY 1, 2022]: Sec. 13. (a) The state may seek, on a page separate
1367	1367	20 from the rest of a charging instrument, to have a person who allegedly
1368	1368	21 committed an offense of dealing in a controlled substance under
1369	1369	22 IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed
1370	1370	23 term of imprisonment if the state can show beyond a reasonable doubt
1371	1371	24 that the person knowingly or intentionally:
1372	1372	25 (1) used a firearm; or
1373	1373	26 (2) possessed a:
1374	1374	27 (A) handgun in violation of IC 35-47-2-1; IC 35-47-2-1.5;
1375	1375	28 (B) sawed-off shotgun in violation of federal law; or
1376	1376	29 (C) machine gun in violation of IC 35-47-5-8;
1377	1377	30 while committing the offense.
1378	1378	31 (b) If the person was convicted of the offense in a jury trial, the jury
1379	1379	32 shall reconvene to hear evidence in the enhancement hearing. If the
1380	1380	33 trial was to the court, or the judgment was entered on a guilty plea, the
1381	1381	34 court alone shall hear evidence in the enhancement hearing.
1382	1382	35 (c) If the jury (if the hearing is by jury) or the court (if the hearing
1383	1383	36 is to the court alone) finds that the state has proved beyond a
1384	1384	37 reasonable doubt that the person knowingly or intentionally committed
1385	1385	38 an offense as described in subsection (a), the court may sentence the
1386	1386	39 person to an additional fixed term of imprisonment of not more than
1387	1387	40 five (5) years, except as follows:
1388	1388	41 (1) If the firearm is a sawed-off shotgun, the court may sentence
1389	1389	42 the person to an additional fixed term of imprisonment of not
1390	1390	2022 IN 311—LS 6977/DI 144 33
1391	1391	1 more than ten (10) years.
1392	1392	2 (2) If the firearm is a machine gun or is equipped with a firearm
1393	1393	3 silencer or firearm muffler, the court may sentence the person to
1394	1394	4 an additional fixed term of imprisonment of not more than twenty
1395	1395	5 (20) years. The additional sentence under this subdivision is in
1396	1396	6 addition to any additional sentence imposed under section 11 of
1397	1397	7 this chapter for use of a firearm in the commission of an offense.
1398	1398	2022 IN 311—LS 6977/DI 144