Indiana 2023 Regular Session

Indiana Senate Bill SB0170 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. 170
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-31.5-2; IC 35-45-2-1.
7	7	Synopsis: Intimidation against utility workers. Provides that a person
8	8	who communicates a threat to another person with the intent of
9	9	interfering with the provision of utility service or communications
10	10	service for a dwelling, building, or other structure commits
11	11	intimidation, a Class A misdemeanor. Provides that the offense is a
12	12	Level 6 felony if the person to whom the threat is communicated is an
13	13	employee or agent of: (1) a utility company; or (2) a communications
14	14	service provider; who is engaged in the performance of the person's
15	15	duties on behalf of the utility company or the communications service
16	16	provider. Defines the following terms for purposes of these provisions:
17	17	(1) "Communications service". (2) "Communications service provider".
18	18	(3) "Utility company". (4) "Utility service".
19	19	Effective: July 1, 2023.
20	20	Leising
21	21	January 9, 2023, read first time and referred to Committee on Corrections and Criminal
22	22	Law.
23	23	2023 IN 170—LS 6553/DI 101 Introduced
24	24	First Regular Session of the 123rd General Assembly (2023)
25	25	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	26	Constitution) is being amended, the text of the existing provision will appear in this style type,
27	27	additions will appear in this style type, and deletions will appear in this style type.
28	28	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	29	provision adopted), the text of the new provision will appear in this style type. Also, the
30	30	word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	31	a new provision to the Indiana Code or the Indiana Constitution.
32	32	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	33	between statutes enacted by the 2022 Regular Session of the General Assembly.
34	34	SENATE BILL No. 170
35	35	A BILL FOR AN ACT to amend the Indiana Code concerning
36	36	criminal law and procedure.
37	37	Be it enacted by the General Assembly of the State of Indiana:
38	38	1 SECTION 1. IC 35-31.5-2-47.6 IS ADDED TO THE INDIANA
39	39	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
40	40	3 [EFFECTIVE JULY 1, 2023]: Sec. 47.6. "Communications service",
41	41	4 for purposes of IC 35-45-2-1, has the meaning set forth in
42	42	5 IC 35-45-2-1(d).
43	43	6 SECTION 2. IC 35-31.5-2-47.7 IS ADDED TO THE INDIANA
44	44	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
45	45	8 [EFFECTIVE JULY 1, 2023]: Sec. 47.7. "Communications service
46	46	9 provider", for purposes of IC 35-45-2-1, has the meaning set forth
47	47	10 in IC 35-45-2-1(e).
48	48	11 SECTION 3. IC 35-31.5-2-344.1 IS ADDED TO THE INDIANA
49	49	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
50	50	13 [EFFECTIVE JULY 1, 2023]: Sec. 344.1. "Utility company", for
51	51	14 purposes of IC 35-45-2-1, has the meaning set forth in
52	52	15 IC 35-45-2-1(f).
53	53	16 SECTION 4. IC 35-31.5-2-344.3 IS ADDED TO THE INDIANA
54	54	17 CODE AS A NEW SECTION TO READ AS FOLLOWS
55	55	2023 IN 170—LS 6553/DI 101 2
56	56	1 [EFFECTIVE JULY 1, 2023]: Sec. 344.3. "Utility service", for
57	57	2 purposes of IC 35-45-2-1, has the meaning set forth in
58	58	3 IC 35-45-2-1(g).
59	59	4 SECTION 5. IC 35-45-2-1, AS AMENDED BY P.L.5-2022,
60	60	5 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
61	61	6 JULY 1, 2023]: Sec. 1. (a) A person who communicates a threat with
62	62	7 the intent:
63	63	8 (1) that another person engage in conduct against the other
64	64	9 person's will;
65	65	10 (2) that another person be placed in fear of retaliation for a prior
66	66	11 lawful act;
67	67	12 (3) of:
68	68	13 (A) causing:
69	69	14 (i) a dwelling, a building, or other structure; or
70	70	15 (ii) a vehicle;
71	71	16 to be evacuated; or
72	72	17 (B) interfering with the occupancy of:
73	73	18 (i) a dwelling, building, or other structure; or
74	74	19 (ii) a vehicle; or
75	75	20 (C) interfering with the provision of utility service or
76	76	21 communications service for a dwelling, building, or other
77	77	22 structure; or
78	78	23 (4) that another person be placed in fear that the threat will be
79	79	24 carried out, if the threat is a threat described in:
80	80	25 (A) subsection (c)(1) through (c)(5); or
81	81	26 (B) subsection (c)(7) through (c)(8);
82	82	27 commits intimidation, a Class A misdemeanor.
83	83	28 (b) However, the offense is a:
84	84	29 (1) Level 6 felony if:
85	85	30 (A) the threat is to commit a forcible felony;
86	86	31 (B) the subject of the threat or the person to whom the threat
87	87	32 is communicated is a witness (or the spouse or child of a
88	88	33 witness) in any pending criminal proceeding against the
89	89	34 person making the threat;
90	90	35 (C) the threat is communicated because of the occupation,
91	91	36 profession, employment status, or ownership status of a person
92	92	37 or the threat relates to or is made in connection with the
93	93	38 occupation, profession, employment status, or ownership
94	94	39 status of a person, including a threat that is communicated
95	95	40 to an employee or agent of:
96	96	41 (i) a utility company; or
97	97	42 (ii) a communications service provider;
98	98	2023 IN 170—LS 6553/DI 101 3
99	99	1 who is engaged in the performance of the person's duties
100	100	2 on behalf of the utility company or the communications
101	101	3 service provider, as applicable;
102	102	4 (D) the person has a prior unrelated conviction for an offense
103	103	5 under this section concerning the same victim; or
104	104	6 (E) the threat is communicated using property, including
105	105	7 electronic equipment or systems, of a school corporation or
106	106	8 other governmental entity; and
107	107	9 (2) Level 5 felony if:
108	108	10 (A) while committing it, the person draws or uses a deadly
109	109	11 weapon;
110	110	12 (B) the subject of the threat or the person to whom the threat
111	111	13 is communicated:
112	112	14 (i) is a judicial officer or bailiff of any court; or
113	113	15 (ii) is a prosecuting attorney or a deputy prosecuting
114	114	16 attorney;
115	115	17 and the threat relates to the person's status as a judicial officer,
116	116	18 bailiff, prosecuting attorney, or deputy prosecuting attorney, or
117	117	19 is made in connection with the official duties of the judicial
118	118	20 officer, bailiff, prosecuting attorney, or deputy prosecuting
119	119	21 attorney; or
120	120	22 (C) the threat is:
121	121	23 (i) to commit terrorism; or
122	122	24 (ii) made in furtherance of an act of terrorism.
123	123	25 (c) "Threat" means an expression, by words or action, of an
124	124	26 intention to:
125	125	27 (1) unlawfully injure the person threatened or another person, or
126	126	28 damage property;
127	127	29 (2) unlawfully subject a person to physical confinement or
128	128	30 restraint;
129	129	31 (3) commit a crime;
130	130	32 (4) unlawfully withhold official action, or cause such withholding;
131	131	33 (5) unlawfully withhold testimony or information with respect to
132	132	34 another person's legal claim or defense, except for a reasonable
133	133	35 claim for witness fees or expenses;
134	134	36 (6) expose the person threatened to hatred, contempt, disgrace, or
135	135	37 ridicule;
136	136	38 (7) falsely harm the credit or business reputation of a person; or
137	137	39 (8) cause the evacuation of a dwelling, a building, another
138	138	40 structure, or a vehicle. For purposes of this subdivision, the term
139	139	41 includes an expression that would cause a reasonable person to
140	140	42 consider the evacuation of a dwelling, a building, another
141	141	2023 IN 170—LS 6553/DI 101 4
142	142	1 structure, or a vehicle, even if the dwelling, building, structure, or
143	143	2 vehicle is not evacuated.
144	144	3 (d) "Communications service" has the meaning set forth in
145	145	4 IC 8-1-32.5-3.
146	146	5 (e) "Communications service provider" has the meaning set
147	147	6 forth in IC 8-1-32.5-4.
148	148	7 (f) "Utility company" means:
149	149	8 (1) a public utility (as defined in IC 8-1-2-1(a));
150	150	9 (2) a municipally owned utility (as defined in IC 8-1-2-1(h));
151	151	10 (3) a not-for-profit utility (as defined in IC 8-1-2-125(a));
152	152	11 (4) a cooperatively owned corporation;
153	153	12 (5) a conservancy district established under IC 14-33; or
154	154	13 (6) a regional water or sewer district established under
155	155	14 IC 13-26;
156	156	15 that furnishes utility service to the public.
157	157	16 (g) "Utility service" means the furnishing of any of the
158	158	17 following:
159	159	18 (1) Electricity.
160	160	19 (2) Natural gas, either mixed with another substance or pure,
161	161	20 to be used for heat, light, cooling, or power.
162	162	21 (3) Water service.
163	163	22 (4) Steam.
164	164	23 (5) Sewage disposal service (as defined in IC 8-1-2-89(a)(1)).
165	165	2023 IN 170—LS 6553/DI 101