IN
Indiana Senate Bill SB0348

Indiana 2023 Regular Session

Indiana Senate Bill SB0348 Compare Versions

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1-*SB0348.1*
2-February 17, 2023
1+
2+Introduced Version
33 SENATE BILL No. 348
44 _____
5-DIGEST OF SB 348 (Updated February 14, 2023 12:00 pm - DI 106)
6-Citations Affected: IC 35-31.5; IC 35-43.
7-Synopsis: Residential harassment. Makes it residential harassment, a
8-Class C misdemeanor, to picket or protest before or about a person's
9-dwelling with the intent of harassing the person in the person's
10-dwelling. Specifies that a person may only be taken into custody for the
11-offense if the person refused an order to disperse.
5+DIGEST OF INTRODUCED BILL
6+Citations Affected: IC 35-42-2-1; IC 35-43-2-4; IC 35-44.1-2-3.
7+Synopsis: Crimes against public administration. Makes the penalty for
8+battery on a public safety official a Level 4 felony if it results in serious
9+bodily injury or it involves certain bodily fluids or waste. Increases the
10+penalty for making a false report concerning law enforcement
11+misconduct from a Class B misdemeanor to a Level 6 felony. Makes it
12+residential harassment, a Class C misdemeanor, to picket before or
13+about a person's dwelling with the intent of disturbing the person in the
14+person's dwelling, but specifies that a person may only be taken into
15+custody for residential harassment if the person refused an order to
16+disperse.
1217 Effective: July 1, 2023.
13-Baldwin, Freeman
18+Baldwin
1419 January 12, 2023, read first time and referred to Committee on Corrections and Criminal
1520 Law.
16-February 16, 2023, amended, reported favorably — Do Pass.
17-SB 348—LS 7396/DI 106 February 17, 2023
21+2023 IN 348—LS 7396/DI 106 Introduced
1822 First Regular Session of the 123rd General Assembly (2023)
1923 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2024 Constitution) is being amended, the text of the existing provision will appear in this style type,
2125 additions will appear in this style type, and deletions will appear in this style type.
2226 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2327 provision adopted), the text of the new provision will appear in this style type. Also, the
2428 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2529 a new provision to the Indiana Code or the Indiana Constitution.
2630 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2731 between statutes enacted by the 2022 Regular Session of the General Assembly.
2832 SENATE BILL No. 348
2933 A BILL FOR AN ACT to amend the Indiana Code concerning
3034 criminal law and procedure.
3135 Be it enacted by the General Assembly of the State of Indiana:
32-1 SECTION 1. IC 35-31.5-2-149.5, AS ADDED BY P.L.75-2021,
33-2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34-3 JULY 1, 2023]: Sec. 149.5. "Harass" or "harasses", for purposes of
35-4 IC 35-45-17.1 and IC 35-43-2-4, has the meaning set forth in
36-5 IC 35-45-17.1-1.
37-6 SECTION 2. IC 35-43-2-4 IS ADDED TO THE INDIANA CODE
38-7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
39-8 1, 2023]: Sec. 4. (a) A person who, with the intent to harass an
40-9 individual in the individual's dwelling, pickets or protests before or
41-10 about the individual's dwelling, commits residential harassment, a
42-11 Class C misdemeanor.
43-12 (b) Before a law enforcement officer may take a person into
44-13 custody for a violation of this section, the law enforcement officer
45-14 must:
46-15 (1) approach the person as close as possible with reasonable
47-16 safety; and
48-17 (2) order the person to immediately and peaceably disperse.
49-SB 348—LS 7396/DI 106 2
50-1 If the person does not immediately and peaceably disperse, the
51-2 officer may take the person into custody for a violation of this
52-3 section.
53-SB 348—LS 7396/DI 106 3
54-COMMITTEE REPORT
55-Madam President: The Senate Committee on Corrections and
56-Criminal Law, to which was referred Senate Bill No. 348, has had the
57-same under consideration and begs leave to report the same back to the
58-Senate with the recommendation that said bill be AMENDED as
59-follows:
60-Page 1, delete lines 1 through 17, begin a new paragraph and insert:
61-"SECTION 1. IC 35-31.5-2-149.5, AS ADDED BY P.L.75-2021,
62-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
63-JULY 1, 2023]: Sec. 149.5. "Harass" or "harasses", for purposes of
64-IC 35-45-17.1 and IC 35-43-2-4, has the meaning set forth in
65-IC 35-45-17.1-1.".
66-Delete pages 2 through 3.
67-Page 4, delete lines 1 through 13.
68-Page 4, line 16, delete "disturb or".
69- Page 4, delete lines 29 through 42.
70-Delete pages 5 through 6.
71-Renumber all SECTIONS consecutively.
72-and when so amended that said bill do pass.
73-(Reference is to SB 348 as introduced.)
74-FREEMAN, Chairperson
75-Committee Vote: Yeas 8, Nays 0.
76-SB 348—LS 7396/DI 106
36+1 SECTION 1. IC 35-42-2-1, AS AMENDED BY P.L.142-2020,
37+2 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38+3 JULY 1, 2023]: Sec. 1. (a) As used in this section, "public safety
39+4 official" means:
40+5 (1) a law enforcement officer, including an alcoholic beverage
41+6 enforcement officer;
42+7 (2) an employee of a penal facility or a juvenile detention facility
43+8 (as defined in IC 31-9-2-71);
44+9 (3) an employee of the department of correction;
45+10 (4) a probation officer;
46+11 (5) a parole officer;
47+12 (6) a community corrections worker;
48+13 (7) a home detention officer;
49+14 (8) a department of child services employee;
50+15 (9) a firefighter;
51+16 (10) an emergency medical services provider;
52+17 (11) a judicial officer;
53+2023 IN 348—LS 7396/DI 106 2
54+1 (12) a bailiff of any court; or
55+2 (13) a special deputy (as described in IC 36-8-10-10.6).
56+3 (b) As used in this section, "relative" means an individual related by
57+4 blood, half-blood, adoption, marriage, or remarriage, including:
58+5 (1) a spouse;
59+6 (2) a parent or stepparent;
60+7 (3) a child or stepchild;
61+8 (4) a grandchild or stepgrandchild;
62+9 (5) a grandparent or stepgrandparent;
63+10 (6) a brother, sister, stepbrother, or stepsister;
64+11 (7) a niece or nephew;
65+12 (8) an aunt or uncle;
66+13 (9) a daughter-in-law or son-in-law;
67+14 (10) a mother-in-law or father-in-law; or
68+15 (11) a first cousin.
69+16 (c) Except as provided in subsections (d) through (k), a person who
70+17 knowingly or intentionally:
71+18 (1) touches another person in a rude, insolent, or angry manner;
72+19 or
73+20 (2) in a rude, insolent, or angry manner places any bodily fluid or
74+21 waste on another person;
75+22 commits battery, a Class B misdemeanor.
76+23 (d) The offense described in subsection (c)(1) or (c)(2) is a Class A
77+24 misdemeanor if it:
78+25 (1) results in bodily injury to any other person; or
79+26 (2) is committed against a member of a foster family home (as
80+27 defined in IC 35-31.5-2-139.3) by a person who is not a resident
81+28 of the foster family home if the person who committed the offense
82+29 is a relative of a person who lived in the foster family home at the
83+30 time of the offense.
84+31 (e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
85+32 felony if one (1) or more of the following apply:
86+33 (1) The offense results in moderate bodily injury to any other
87+34 person.
88+35 (2) The offense is committed against a public safety official while
89+36 the official is engaged in the official's official duty.
90+37 (3) The offense is committed against a person less than fourteen
91+38 (14) years of age and is committed by a person at least eighteen
92+39 (18) years of age.
93+40 (4) The offense is committed against a person of any age who has
94+41 a mental or physical disability and is committed by a person
95+42 having the care of the person with the mental or physical
96+2023 IN 348—LS 7396/DI 106 3
97+1 disability, whether the care is assumed voluntarily or because of
98+2 a legal obligation.
99+3 (5) The offense is committed against an endangered adult (as
100+4 defined in IC 12-10-3-2).
101+5 (6) The offense:
102+6 (A) is committed against a member of a foster family home (as
103+7 defined in IC 35-31.5-2-139.3) by a person who is not a
104+8 resident of the foster family home if the person who committed
105+9 the offense is a relative of a person who lived in the foster
106+10 family home at the time of the offense; and
107+11 (B) results in bodily injury to the member of the foster family.
108+12 (f) The offense described in subsection (c)(2) is a Level 6 felony if
109+13 the person knew or recklessly failed to know that the bodily fluid or
110+14 waste placed on another person was infected with hepatitis,
111+15 tuberculosis, or human immunodeficiency virus.
112+16 (g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
113+17 felony if one (1) or more of the following apply:
114+18 (1) The offense results in serious bodily injury to another person.
115+19 (2) The offense is committed with a deadly weapon.
116+20 (3) The offense results in bodily injury to a pregnant woman if the
117+21 person knew of the pregnancy.
118+22 (4) The person has a previous conviction for a battery offense
119+23 included in this chapter against the same victim.
120+24 (5) The offense results in bodily injury to one (1) or more of the
121+25 following:
122+26 (A) A public safety official while the official is engaged in the
123+27 official's official duties.
124+28 (B) A person less than fourteen (14) years of age if the offense
125+29 is committed by a person at least eighteen (18) years of age.
126+30 (C) A person who has a mental or physical disability if the
127+31 offense is committed by an individual having care of the
128+32 person with the disability, regardless of whether the care is
129+33 assumed voluntarily or because of a legal obligation.
130+34 (D) An endangered adult (as defined in IC 12-10-3-2).
131+35 (h) The offense described in subsection (c)(2) is a Level 5 felony
132+36 Level 4 felony if:
133+37 (1) the person knew or recklessly failed to know that the bodily
134+38 fluid or waste placed on another person was infected with
135+39 hepatitis, tuberculosis, or human immunodeficiency virus; and
136+40 (2) the person placed the bodily fluid or waste on a public safety
137+41 official.
138+42 (i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
139+2023 IN 348—LS 7396/DI 106 4
140+1 felony if it results in serious bodily injury to:
141+2 (1) an endangered adult (as defined in IC 12-10-3-2); or
142+3 (2) a public safety official while the official is engaged in the
143+4 official's official duties.
144+5 (j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
145+6 felony if it results in serious bodily injury to a person less than fourteen
146+7 (14) years of age if the offense is committed by a person at least
147+8 eighteen (18) years of age.
148+9 (k) The offense described in subsection (c)(1) or (c)(2) is a Level 2
149+10 felony if it results in the death of one (1) or more of the following:
150+11 (1) A person less than fourteen (14) years of age if the offense is
151+12 committed by a person at least eighteen (18) years of age.
152+13 (2) An endangered adult (as defined in IC 12-10-3-2).
153+14 SECTION 2. IC 35-43-2-4 IS ADDED TO THE INDIANA CODE
154+15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
155+16 1, 2023]: Sec. 4. (a) A person who, with the intent to disturb or
156+17 harass an individual in the individual's dwelling, pickets or protests
157+18 before or about the individual's dwelling, commits residential
158+19 harassment, a Class C misdemeanor.
159+20 (b) Before a law enforcement officer may take a person into
160+21 custody for a violation of this section, the law enforcement officer
161+22 must:
162+23 (1) approach the person as close as possible with reasonable
163+24 safety; and
164+25 (2) order the person to immediately and peaceably disperse.
165+26 If the person does not immediately and peaceably disperse, the
166+27 officer may take the person into custody for a violation of this
167+28 section.
168+29 SECTION 3. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021,
169+30 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
170+31 JULY 1, 2023]: Sec. 3. (a) As used in this section, "consumer product"
171+32 has the meaning set forth in IC 35-45-8-1.
172+33 (b) As used in this section, "misconduct" means a violation of a
173+34 departmental rule or procedure of a law enforcement agency.
174+35 (c) A person who reports that:
175+36 (1) the person or another person has placed or intends to place an
176+37 explosive, a destructive device, or other destructive substance in
177+38 a building or transportation facility;
178+39 (2) there has been or there will be tampering with a consumer
179+40 product introduced into commerce; or
180+41 (3) there has been or will be placed or introduced a weapon of
181+42 mass destruction in a building or a place of assembly;
182+2023 IN 348—LS 7396/DI 106 5
183+1 knowing the report to be false, commits false reporting, a Level 6
184+2 felony.
185+3 (d) A person who:
186+4 (1) gives:
187+5 (A) a false report of the commission of a crime; or
188+6 (B) false information to a law enforcement officer that relates
189+7 to the commission of a crime;
190+8 knowing the report or information to be false;
191+9 (2) gives a false alarm of fire to the fire department of a
192+10 governmental entity, knowing the alarm to be false;
193+11 (3) makes a false request for ambulance service to an ambulance
194+12 service provider, knowing the request to be false;
195+13 (4) gives a false report concerning a missing child (as defined in
196+14 IC 10-13-5-4) or missing endangered adult (as defined in
197+15 IC 12-7-2-131.3) or gives false information to a law enforcement
198+16 officer or a governmental entity that relates to a missing child or
199+17 missing endangered adult knowing the report or information to be
200+18 false;
201+19 (5) makes a complaint against a law enforcement officer to the
202+20 state or municipality (as defined in IC 8-1-13-3(b)) that employs
203+21 the officer:
204+22 (A) alleging the officer engaged in misconduct while
205+23 performing the officer's duties; and
206+24 (B) knowing the complaint to be false;
207+25 (6) (5) makes a false report of a missing person, knowing the
208+26 report or information is false;
209+27 (7) (6) gives a false report of actions, behavior, or conditions
210+28 concerning:
211+29 (A) a septic tank soil absorption system under IC 8-1-2-125 or
212+30 IC 13-26-5-2.5; or
213+31 (B) a septic tank soil absorption system or constructed wetland
214+32 septic system under IC 36-9-23-30.1;
215+33 knowing the report or information to be false; or
216+34 (8) (7) makes a false report that a person is dangerous (as defined
217+35 in IC 35-47-14-1) knowing the report or information to be false;
218+36 commits false informing, a Class B misdemeanor. However, the offense
219+37 is a Class A misdemeanor if it substantially hinders any law
220+38 enforcement process or if it results in harm to another person, and a
221+39 Level 6 felony if a person, knowing the complaint to be false, makes
222+40 a complaint against a law enforcement officer to the state or
223+41 municipality (as defined in IC 8-1-13-3(b)) that employs the officer,
224+42 alleging that the officer engaged in misconduct while performing
225+2023 IN 348—LS 7396/DI 106 6
226+1 the officer's duties.
227+2023 IN 348—LS 7396/DI 106