Indiana 2023 Regular Session

Indiana Senate Bill SB0083 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. 83
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-31.5-2; IC 35-45-10-7; IC 35-50-2-19.
7	7	Synopsis: Unlawful tracking of another individual. Provides that a
8	8	person who, with the intent to track an individual, and without the
9	9	individual's knowledge, places a tracking device on an individual or the
10	10	individual's property commits remote criminal tracking, a Class C
11	11	misdemeanor. Provides certain exceptions. Increases the penalty to a
12	12	Class A misdemeanor if the person is the subject of a protective order
13	13	issued on behalf of the individual. Establishes a sentence enhancement
14	14	if a person uses a tracking device to commit or facilitate the
15	15	commission of a felony.
16	16	Effective: July 1, 2023.
17	17	Brown L
18	18	January 9, 2023, read first time and referred to Committee on Corrections and Criminal
19	19	Law.
20	20	2023 IN 83—LS 6242/DI 106 Introduced
21	21	First Regular Session of the 123rd General Assembly (2023)
22	22	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
23	23	Constitution) is being amended, the text of the existing provision will appear in this style type,
24	24	additions will appear in this style type, and deletions will appear in this style type.
25	25	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
26	26	provision adopted), the text of the new provision will appear in this style type. Also, the
27	27	word NEW will appear in that style type in the introductory clause of each SECTION that adds
28	28	a new provision to the Indiana Code or the Indiana Constitution.
29	29	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
30	30	between statutes enacted by the 2022 Regular Session of the General Assembly.
31	31	SENATE BILL No. 83
32	32	A BILL FOR AN ACT to amend the Indiana Code concerning
33	33	criminal law and procedure.
34	34	Be it enacted by the General Assembly of the State of Indiana:
35	35	1 SECTION 1. IC 35-31.5-2-255.3 IS ADDED TO THE INDIANA
36	36	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
37	37	3 [EFFECTIVE JULY 1, 2023]: Sec. 255.3. "Protective order", for
38	38	4 purposes of IC 35-45-10-7, has the meaning set forth in
39	39	5 IC 35-45-10-7.
40	40	6 SECTION 2. IC 35-31.5-2-337.5, AS ADDED BY P.L.170-2014,
41	41	7 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42	42	8 JULY 1, 2023]: Sec. 337.5. "Tracking device", for purposes of
43	43	9 IC 35-33-5, IC 35-45-10-7, IC 35-50-2-19, and this chapter, means an
44	44	10 electronic or mechanical device that allows a person to remotely
45	45	11 determine or track the position or movement of another person or an
46	46	12 object. The term includes the following:
47	47	13 (1) A device that stores geographic data for subsequent access or
48	48	14 analysis.
49	49	15 (2) A device that allows real-time monitoring or movement.
50	50	16 (3) An unmanned aerial vehicle.
51	51	17 (4) A cellular telephone or other wireless or cellular
52	52	2023 IN 83—LS 6242/DI 106 2
53	53	1 communications device, or an electronic device that
54	54	2 communicates with a cellular telephone or other wireless or
55	55	3 cellular communications device, including by means of an
56	56	4 application installed on or accessed through a cellular
57	57	5 telephone or other wireless or cellular communications device.
58	58	6 SECTION 3. IC 35-45-10-7 IS ADDED TO THE INDIANA CODE
59	59	7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
60	60	8 1, 2023]: Sec. 7. (a) This section does not apply to the following:
61	61	9 (1) A parent who uses a tracking device to determine the
62	62	10 location of the parent's minor child.
63	63	11 (2) A person who places a tracking device on property in
64	64	12 which the person has an ownership or contractual interest,
65	65	13 unless the person is the subject of a valid protection order
66	66	14 issued on behalf of an individual who may use the property.
67	67	15 (3) A tracking device placed on a person or the property of a
68	68	16 person:
69	69	17 (A) who is incarcerated;
70	70	18 (B) as a condition of probation, parole, home detention,
71	71	19 community corrections, bail, prosecutorial diversion, or
72	72	20 supervised release; or
73	73	21 (C) pursuant to a court order.
74	74	22 (4) A law enforcement officer lawfully engaged in the
75	75	23 execution of the officer's duties.
76	76	24 (b) As used in this section, "protective order" means an order
77	77	25 described in IC 35-46-1-15.1(a).
78	78	26 (c) A person who:
79	79	27 (1) with the intent to remotely determine or track the position
80	80	28 or movement of an individual; and
81	81	29 (2) without the knowledge of the individual;
82	82	30 places a tracking device on the individual or on property owned or
83	83	31 used by the individual, commits remote criminal tracking, a Class
84	84	32 C misdemeanor. However, the offense is a Class A misdemeanor if
85	85	33 the person is the subject of a valid protective order issued on behalf
86	86	34 of the individual.
87	87	35 SECTION 4. IC 35-50-2-19 IS ADDED TO THE INDIANA CODE
88	88	36 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
89	89	37 1, 2023]: Sec. 19. (a) The state may seek, on a page separate from
90	90	38 the rest of a charging instrument, to have a person who allegedly
91	91	39 committed a felony sentenced to an additional fixed term of
92	92	40 imprisonment if the state can show beyond a reasonable doubt that
93	93	41 the person knowingly or intentionally used a tracking device:
94	94	42 (1) in the commission of the felony; or
95	95	2023 IN 83—LS 6242/DI 106 3
96	96	1 (2) to facilitate the commission of the felony.
97	97	2 (b) If the person was convicted of the felony in a jury trial, the
98	98	3 jury shall reconvene to hear evidence in the enhancement hearing.
99	99	4 If the trial was to the court, or the judgment was entered on a
100	100	5 guilty plea, the court alone shall hear evidence in the enhancement
101	101	6 hearing.
102	102	7 (c) If the jury (if the hearing is by jury) or the court (if the
103	103	8 hearing is to the court alone) finds that the state has proved beyond
104	104	9 a reasonable doubt that the person knowingly or intentionally used
105	105	10 a tracking device in the commission of the felony, or to facilitate
106	106	11 the commission of the felony, the court may sentence the person to
107	107	12 an additional fixed term of imprisonment of:
108	108	13 (1) if the felony did not result in serious bodily injury to
109	109	14 another person, between six (6) months and two and one-half
110	110	15 (2 1/2) years; or
111	111	16 (2) if the felony resulted in serious bodily injury to another
112	112	17 person, between one (1) and six (6) years.
113	113	18 (d) A person who commits more than one (1) felony comprising
114	114	19 a single episode of criminal conduct may be sentenced to only one
115	115	20 (1) additional fixed term under this section.
116	116	2023 IN 83—LS 6242/DI 106