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