Indiana 2024 Regular Session

Indiana House Bill HB1338 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1338.2
	2	+	Reprinted
	3	+	March 5, 2024
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1338
	6	+	_____
	7	+	DIGEST OF HB 1338 (Updated March 4, 2024 4:39 pm - DI 87)
	8	+	Citations Affected: IC 5-14; IC 35-43.
	9	+	Synopsis: Security of property and meeting decorum. Allows the
	10	+	governing bodies of certain local government agencies (local agencies)
	11	+	to adopt rules or policies governing the conduct of meetings. Provides
	12	+	that a rule or policy may provide that the presiding member of the
	13	+	(Continued next page)
	14	+	Effective: July 1, 2024.
	15	+	Prescott, Meltzer, Pressel, Campbell
	16	+	(SENATE SPONSORS — BALDWIN, ALEXANDER, RAATZ)
	17	+	January 10, 2024, read first time and referred to Committee on Government and Regulatory
	18	+	Reform.
	19	+	January 16, 2024, amended, reported — Do Pass.
	20	+	January 18, 2024, read second time, amended, ordered engrossed.
	21	+	January 19, 2024, engrossed.
	22	+	January 22, 2024, read third time, passed. Yeas 79, nays 17.
	23	+	SENATE ACTION
	24	+	February 5, 2024, read first time and referred to Committee on Corrections and Criminal
	25	+	Law.
	26	+	February 29, 2024, amended, reported favorably — Do Pass.
	27	+	March 4, 2024, read second time, amended, ordered engrossed.
	28	+	EH 1338—LS 7057/DI 149 Digest Continued
	29	+	governing body of the local agency may: (1) issue warnings to
	30	+	disruptive attendees and direct them to leave the meeting on the third
	31	+	warning; and (2) direct a law enforcement officer to remove disruptive
	32	+	attendees. Provides that the rules and policies must be posted at the
	33	+	meeting entrance or announced before taking public testimony.
	34	+	Specifies that a provision of the tort claims law providing immunity to
	35	+	a government entity or employee in adopting and enforcing a law or
	36	+	rule applies. Provides that a person commits criminal trespass by
	37	+	knowingly or intentionally: (1) entering a locked area without
	38	+	permission; or (2) refusing to leave an area not publicly accessible after
	39	+	being asked to leave by a law enforcement officer or agent of the
	40	+	property owner or operator. Specifies that: (1) the public access
	41	+	counselor serves at the pleasure of the governor; and (2) when issuing
	42	+	an advisory opinion, the public access counselor may consider only the
	43	+	plain text of the public access laws and valid Indiana court opinions.
	44	+	Provides that a committee appointed directly by the governing body or
	45	+	a governing body's designee does not constitute a governing body that
	46	+	is subject to the open door law if the committee: (1) is appointed for the
	47	+	sole purpose of receiving information, deliberating, or making
	48	+	recommendations to the governing body; and (2) has not more than one
	49	+	member of the governing body as a member.
	50	+	EH 1338—LS 7057/DI 149EH 1338—LS 7057/DI 149 Reprinted
	51	+	March 5, 2024
1	52		Second Regular Session of the 123rd General Assembly (2024)
2	53		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	54		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	55		additions will appear in this style type, and deletions will appear in this style type.
5	56		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	57		provision adopted), the text of the new provision will appear in this style type. Also, the
7	58		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	59		a new provision to the Indiana Code or the Indiana Constitution.
9	60		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	61		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1338
12		-	AN ACT to amend the Indiana Code concerning state and local
13		-	administration.
	62	+	ENGROSSED
	63	+	HOUSE BILL No. 1338
	64	+	A BILL FOR AN ACT to amend the Indiana Code concerning state
	65	+	and local administration.
14	66		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 5-14-1.5-2, AS AMENDED BY P.L.124-2022,
	67	+	1 SECTION 1. IC 5-14-1.5-2, AS AMENDED BY P.L.124-2022,
	68	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	69	+	3 JULY 1, 2024]: Sec. 2. For the purposes of this chapter:
	70	+	4 (a) "Public agency", except as provided in section 2.1 of this
	71	+	5 chapter, means the following:
	72	+	6 (1) Any board, commission, department, agency, authority, or
	73	+	7 other entity, by whatever name designated, exercising a portion of
	74	+	8 the executive, administrative, or legislative power of the state.
	75	+	9 (2) Any county, township, school corporation, city, town, political
	76	+	10 subdivision, or other entity, by whatever name designated,
	77	+	11 exercising in a limited geographical area the executive,
	78	+	12 administrative, or legislative power of the state or a delegated
	79	+	13 local governmental power.
	80	+	14 (3) Any entity which is subject to either:
	81	+	15 (A) budget review by either the department of local
	82	+	16 government finance or the governing body of a county, city,
	83	+	17 town, township, or school corporation; or
	84	+	EH 1338—LS 7057/DI 149 2
	85	+	1 (B) audit by the state board of accounts that is required by
	86	+	2 statute, rule, or regulation.
	87	+	3 (4) Any building corporation of a political subdivision of the state
	88	+	4 of Indiana that issues bonds for the purpose of constructing public
	89	+	5 facilities.
	90	+	6 (5) Any advisory commission, committee, or body created by
	91	+	7 statute, ordinance, or executive order to advise the governing
	92	+	8 body of a public agency, except medical staffs or the committees
	93	+	9 of any such staff.
	94	+	10 (6) The Indiana gaming commission established by IC 4-33,
	95	+	11 including any department, division, or office of the commission.
	96	+	12 (7) The Indiana horse racing commission established by IC 4-31,
	97	+	13 including any department, division, or office of the commission.
	98	+	14 (b) "Governing body" means two (2) or more individuals who are
	99	+	15 any of the following:
	100	+	16 (1) A public agency that:
	101	+	17 (A) is a board, a commission, an authority, a council, a
	102	+	18 committee, a body, or other entity; and
	103	+	19 (B) takes official action on public business.
	104	+	20 (2) The board, commission, council, or other body of a public
	105	+	21 agency which takes official action upon public business.
	106	+	22 (3) Any committee appointed directly by the governing body or
	107	+	23 its presiding officer to which authority to take official action upon
	108	+	24 public business has been delegated. However, the following do
	109	+	25 not constitute a governing body for purposes of this chapter:
	110	+	26 (A) An agent or agents appointed by the governing body to
	111	+	27 conduct collective bargaining on behalf of the governing body.
	112	+	28 does not constitute a governing body for purposes of this
	113	+	29 chapter.
	114	+	30 (B) A committee appointed directly by the governing body
	115	+	31 or a designee of the governing body:
	116	+	32 (i) for the sole purpose of receiving information,
	117	+	33 deliberating, or making recommendations to the
	118	+	34 governing body; and
	119	+	35 (ii) that has not more than one (1) member of the
	120	+	36 governing body as a member.
	121	+	37 (c) "Meeting" means a gathering of a majority of the governing body
	122	+	38 of a public agency for the purpose of taking official action upon public
	123	+	39 business. It does not include any of the following:
	124	+	40 (1) Any social or chance gathering not intended to avoid this
	125	+	41 chapter.
	126	+	42 (2) Any on-site inspection of any:
	127	+	EH 1338—LS 7057/DI 149 3
	128	+	1 (A) project;
	129	+	2 (B) program; or
	130	+	3 (C) facilities of applicants for incentives or assistance from the
	131	+	4 governing body.
	132	+	5 (3) Traveling to and attending meetings of organizations devoted
	133	+	6 to betterment of government.
	134	+	7 (4) A caucus.
	135	+	8 (5) A gathering to discuss an industrial or a commercial prospect
	136	+	9 that does not include a conclusion as to recommendations, policy,
	137	+	10 decisions, or final action on the terms of a request or an offer of
	138	+	11 public financial resources.
	139	+	12 (6) An orientation of members of the governing body on their role
	140	+	13 and responsibilities as public officials, but not for any other
	141	+	14 official action.
	142	+	15 (7) A gathering for the sole purpose of administering an oath of
	143	+	16 office to an individual.
	144	+	17 (8) Collective bargaining discussions that the governing body of
	145	+	18 a school corporation engages in directly with bargaining
	146	+	19 adversaries. This subdivision applies only to a governing body
	147	+	20 that has not appointed an agent or agents to conduct collective
	148	+	21 bargaining on behalf of the governing body as described in
	149	+	22 subsection (b)(3).
	150	+	23 (d) "Official action" means to:
	151	+	24 (1) receive information;
	152	+	25 (2) deliberate;
	153	+	26 (3) make recommendations;
	154	+	27 (4) establish policy;
	155	+	28 (5) make decisions; or
	156	+	29 (6) take final action.
	157	+	30 (e) "Public business" means any function upon which the public
	158	+	31 agency is empowered or authorized to take official action.
	159	+	32 (f) "Executive session" means a meeting from which the public is
	160	+	33 excluded, except the governing body may admit those persons
	161	+	34 necessary to carry out its purpose. The governing body may also admit
	162	+	35 an individual who has been elected to the governing body but has not
	163	+	36 been sworn in as a member of the governing body.
	164	+	37 (g) "Final action" means a vote by the governing body on any
	165	+	38 motion, proposal, resolution, rule, regulation, ordinance, or order.
	166	+	39 (h) "Caucus" means a gathering of members of a political party or
	167	+	40 coalition which is held for purposes of planning political strategy and
	168	+	41 holding discussions designed to prepare the members for taking official
	169	+	42 action.
	170	+	EH 1338—LS 7057/DI 149 4
	171	+	1 (i) "Deliberate" means a discussion which may reasonably be
	172	+	2 expected to result in official action (defined under subsection (d)(3),
	173	+	3 (d)(4), (d)(5), or (d)(6)).
	174	+	4 (j) "News media" means all newspapers qualified to receive legal
	175	+	5 advertisements under IC 5-3-1, all news services (as defined in
	176	+	6 IC 34-6-2-87), and all licensed commercial or public radio or television
	177	+	7 stations.
	178	+	8 (k) "Person" means an individual, a corporation, a limited liability
	179	+	9 company, a partnership, an unincorporated association, or a
	180	+	10 governmental entity.
	181	+	11 (l) "State educational institution" has the meaning set forth in
	182	+	12 IC 21-7-13-32.
	183	+	13 (m) "Charter school" has the meaning set forth in IC 20-24-1-4).
	184	+	14 The term includes a virtual charter school (as defined in
	185	+	15 IC 20-24-1-10).
	186	+	16 SECTION 2. IC 5-14-1.5-3.3 IS ADDED TO THE INDIANA
	187	+	17 CODE AS A NEW SECTION TO READ AS FOLLOWS
	188	+	18 [EFFECTIVE JULY 1, 2024]: Sec. 3.3. (a) This section applies only
	189	+	19 to a meeting of the governing body of an entity described in section
	190	+	20 2(a)(2) or 2(a)(3) of this chapter.
	191	+	21 (b) This section does not apply to a meeting of the governing
	192	+	22 body of a school corporation or charter school.
	193	+	23 (c) As used in this section, "attendee" means a member of the
	194	+	24 public who is physically present at a meeting of a governing body.
	195	+	25 (d) If a governing body allows attendees to speak on a topic at
	196	+	26 a meeting, the governing body may designate:
	197	+	27 (1) a period for taking public testimony that is:
	198	+	28 (A) before or during the governing body's discussion or
	199	+	29 consideration of the topic; and
	200	+	30 (B) before the governing body takes final action on the
	201	+	31 topic; and
	202	+	32 (2) the amount of time allotted for attendees to speak on the
	203	+	33 topic.
	204	+	34 (e) A governing body may adopt reasonable rules or policies
	205	+	35 governing the conduct of a meeting, including any of the following:
	206	+	36 (1) Reasonable restrictions on the time allotted for attendees
	207	+	37 to speak on a topic.
	208	+	38 (2) Reasonable steps to maintain order during a meeting with
	209	+	39 respect to attendees and the elected officials of the governing
	210	+	40 body.
	211	+	41 (3) A procedure for the presiding member of the governing
	212	+	42 body to issue warnings to attendees who disrupt a meeting.
	213	+	EH 1338—LS 7057/DI 149 5
	214	+	1 Subject to subsection (g), the procedure may provide that if
	215	+	2 an attendee receives three (3) warnings, the presiding member
	216	+	of the governing body may upon issuing the third warning,3
	217	+	4 direct:
	218	+	5 (A) the attendee to leave the meeting; and
	219	+	6 (B) a law enforcement officer to remove the attendee from
	220	+	7 the meeting, if the attendee refuses to leave when directed
	221	+	8 by the presiding member for a violation of the rules or
	222	+	9 policies governing the conduct of the meeting as adopted
	223	+	10 by the governing body.
	224	+	11 (f) The governing body must notify attendees of any rules or
	225	+	12 policies that are adopted under this section by:
	226	+	13 (1) posting the rules or policies in a visible area at the
	227	+	14 entrance to the meeting location; or
	228	+	15 (2) making an announcement of the rules or policies at the
	229	+	16 meeting before taking oral public comment.
	230	+	17 (g) Nothing in this section may be construed to prohibit a law
	231	+	18 enforcement officer from immediately removing an attendee from
	232	+	19 a meeting if:
	233	+	20 (1) removal of the attendee is necessary to maintain order or
	234	+	21 ensure the safety of another person;
	235	+	22 (2) the attendee commits a criminal offense; or
	236	+	23 (3) the attendee violates the rules or policies governing the
	237	+	24 conduct of the meeting as adopted by the governing body.
	238	+	25 (h) IC 34-13-3-3(a)(8) applies to this section.
	239	+	26 SECTION 3. IC 5-14-4-6 IS AMENDED TO READ AS FOLLOWS
	240	+	27 [EFFECTIVE JULY 1, 2024]: Sec. 6. The governor shall appoint a
	241	+	28 public access counselor for a term of four (4) years at a salary to be
	242	+	29 fixed by the governor. The public access counselor shall serve at the
	243	+	30 pleasure of the governor.
	244	+	31 SECTION 4. IC 5-14-4-7 IS REPEALED [EFFECTIVE JULY 1,
	245	+	32 2024]. Sec. 7. The governor may remove the counselor for cause.
	246	+	33 SECTION 5. IC 5-14-4-10.5 IS ADDED TO THE INDIANA CODE
	247	+	34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	248	+	35 1, 2024]: Sec. 10.5. When issuing an advisory opinion, the public
	249	+	36 access counselor shall consider only:
	250	+	37 (1) the public access laws, as plainly written; and
	251	+	38 (2) valid opinions of Indiana courts.
	252	+	39 SECTION 6. IC 35-43-2-2, AS AMENDED BY P.L.79-2023,
	253	+	40 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	254	+	41 JULY 1, 2024]: Sec. 2. (a) As used in this section, "authorized person"
	255	+	42 means a person authorized by an agricultural operation or a scientific
	256	+	EH 1338—LS 7057/DI 149 6
	257	+	1 research facility to act on behalf of the agricultural operation or the
	258	+	2 scientific research facility.
	259	+	3 (b) A person who:
	260	+	4 (1) not having a contractual interest in the property, knowingly or
	261	+	5 intentionally enters the real property of another person after
	262	+	6 having been denied entry by the other person or that person's
	263	+	7 agent;
	264	+	8 (2) not having a contractual interest in the property, knowingly or
	265	+	9 intentionally refuses to leave the real property of another person
	266	+	10 after having been asked to leave by the other person or that
	267	+	11 person's agent;
	268	+	12 (3) accompanies another person in a vehicle, with knowledge that
	269	+	13 the other person knowingly or intentionally is exerting
	270	+	14 unauthorized control over the vehicle;
	271	+	15 (4) knowingly or intentionally interferes with the possession or
	272	+	16 use of the property of another person without the person's consent;
	273	+	17 (5) not having a contractual interest in the property, knowingly or
	274	+	18 intentionally enters the:
	275	+	19 (A) property of an agricultural operation that is used for the
	276	+	20 production, processing, propagation, packaging, cultivation,
	277	+	21 harvesting, care, management, or storage of an animal, plant,
	278	+	22 or other agricultural product, including any pasturage or land
	279	+	23 used for timber management, without the consent of the owner
	280	+	24 of the agricultural operation or an authorized person; or
	281	+	25 (B) dwelling of another person without the person's consent;
	282	+	26 (6) knowingly or intentionally:
	283	+	27 (A) travels by train without lawful authority or the railroad
	284	+	28 carrier's consent; and
	285	+	29 (B) rides on the outside of a train or inside a passenger car,
	286	+	30 locomotive, or freight car, including a boxcar, flatbed, or
	287	+	31 container without lawful authority or the railroad carrier's
	288	+	32 consent;
	289	+	33 (7) not having a contractual interest in the property, knowingly or
	290	+	34 intentionally enters or refuses to leave the property of another
	291	+	35 person after having been prohibited from entering or asked to
	292	+	36 leave the property by a law enforcement officer when the property
	293	+	37 is:
	294	+	38 (A) vacant real property (as defined in IC 36-7-36-5) or a
	295	+	39 vacant structure (as defined in IC 36-7-36-6); or
	296	+	40 (B) designated by a municipality or county enforcement
	297	+	41 authority to be:
	298	+	42 (i) abandoned property or an abandoned structure (as
	299	+	EH 1338—LS 7057/DI 149 7
	300	+	1 defined in IC 36-7-36-1); or
	301	+	2 (ii) an unsafe building or an unsafe premises (as described
	302	+	3 in IC 36-7-9);
	303	+	4 (8) not having a contractual interest in the property, knowingly or
	304	+	5 intentionally enters the real property of an agricultural operation
	305	+	6 (as defined in IC 32-30-6-1) without the permission of the owner
	306	+	7 of the agricultural operation or an authorized person, and
	307	+	8 knowingly or intentionally engages in conduct that causes
	308	+	9 property damage to:
	309	+	10 (A) the owner of or a person having a contractual interest in
	310	+	11 the agricultural operation;
	311	+	12 (B) the operator of the agricultural operation; or
	312	+	13 (C) a person having personal property located on the property
	313	+	14 of the agricultural operation;
	314	+	15 (9) not having a contractual interest in the property, knowingly or
	315	+	16 intentionally enters the real property of a scientific research
	316	+	17 facility (as defined in IC 35-31.5-2-287) without the permission
	317	+	18 of, or with permission which was fraudulently obtained from, the
	318	+	19 owner of the scientific research facility or an authorized person,
	319	+	20 and knowingly or intentionally engages in conduct that causes
	320	+	21 property damage to:
	321	+	22 (A) the owner of or a person having a contractual interest in
	322	+	23 the scientific research facility;
	323	+	24 (B) the operator of the scientific research facility; or
	324	+	25 (C) a person having personal property located on the property
	325	+	26 of the scientific research facility;
	326	+	27 (10) knowingly or intentionally enters the property of another
	327	+	28 person after being denied entry by a court order that has been
	328	+	29 issued to the person or issued to the general public by
	329	+	30 conspicuous posting on or around the premises in areas where a
	330	+	31 person can observe the order when the property has been
	331	+	32 designated by a municipality or county enforcement authority to
	332	+	33 be:
	333	+	34 (A) a vacant property;
	334	+	35 (B) an abandoned property;
	335	+	36 (C) an abandoned structure (as defined in IC 36-7-36-1); or
	336	+	37 (D) an unsafe building or an unsafe premises (as described in
	337	+	38 IC 36-7-9); or
	338	+	39 (11) knowingly or intentionally enters or refuses to leave the polls
	339	+	40 (as defined in IC 3-5-2-39) or chute (as defined in IC 3-5-2-10)
	340	+	41 after having been prohibited from entering or asked to leave the
	341	+	42 polls or chute by a precinct election officer (as defined in
	342	+	EH 1338—LS 7057/DI 149 8
	343	+	1 IC 3-5-2-40.1) or a law enforcement officer acting on behalf of a
	344	+	2 precinct election officer; or
	345	+	3 (12) knowingly or intentionally:
	346	+	4 (A) without permission or prior authorization, enters an
	347	+	5 area of property that is locked; or
	348	+	6 (B) refuses to leave an area of a property that is otherwise
	349	+	7 not accessible to the public, after being asked to leave the
	350	+	8 area of a property by a law enforcement officer or an
	351	+	9 employee or agent of the owner or operator of the
	352	+	10 property;
	353	+	11 commits criminal trespass, a Class A misdemeanor. However, the
	354	+	12 offense is a Level 6 felony if it is committed on a scientific research
	355	+	13 facility, on a facility belonging to a public utility (as defined in
	356	+	14 IC 32-24-1-5.9(a)), on school property, or on a school bus or the person
	357	+	15 has a prior unrelated conviction for an offense under this section
	358	+	16 concerning the same property. The offense is a Level 6 felony, for
	359	+	17 purposes of subdivision (8), if the property damage is more than seven
	360	+	18 hundred fifty dollars ($750) and less than fifty thousand dollars
	361	+	19 ($50,000). The offense is a Level 5 felony, for purposes of subdivisions
	362	+	20 (8) and (9), if the property damage is at least fifty thousand dollars
	363	+	21 ($50,000).
	364	+	22 (c) A person has been denied entry under subsection (b)(1) when the
	365	+	23 person has been denied entry by means of:
	366	+	24 (1) personal communication, oral or written;
	367	+	25 (2) posting or exhibiting a notice at the main entrance in a manner
	368	+	26 that is either prescribed by law or likely to come to the attention
	369	+	27 of the public;
	370	+	28 (3) a hearing authority or court order under IC 32-30-6,
	371	+	29 IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or
	372	+	30 (4) posting the property by placing identifying purple marks on
	373	+	31 trees or posts around the area where entry is denied.
	374	+	32 (d) For the purposes of subsection (c)(4):
	375	+	33 (1) each purple mark must be readily visible to any person
	376	+	34 approaching the property and must be placed:
	377	+	35 (A) on a tree:
	378	+	36 (i) as a vertical line of at least eight (8) inches in length and
	379	+	37 with the bottom of the mark at least three (3) feet and not
	380	+	38 more than five (5) feet from the ground; and
	381	+	39 (ii) not more than one hundred (100) feet from the nearest
	382	+	40 other marked tree; or
	383	+	41 (B) on a post:
	384	+	42 (i) with the mark covering at least the top two (2) inches of
	385	+	EH 1338—LS 7057/DI 149 9
	386	+	1 the post, and with the bottom of the mark at least three (3)
	387	+	2 feet and not more than five (5) feet six (6) inches from the
	388	+	3 ground; and
	389	+	4 (ii) not more than thirty-six (36) feet from the nearest other
	390	+	5 marked post; and
	391	+	6 (2) before a purple mark that would be visible from both sides of
	392	+	7 a fence shared by different property owners or lessees may be
	393	+	8 applied, all of the owners or lessees of the properties must agree
	394	+	9 to post the properties with purple marks under subsection (c)(4).
	395	+	10 (e) A law enforcement officer may not deny entry to property or ask
	396	+	11 a person to leave a property under subsection (b)(7) unless there is
	397	+	12 reasonable suspicion that criminal activity has occurred or is occurring.
	398	+	13 (f) A person described in subsection (b)(7) or (b)(10) violates
	399	+	14 subsection (b)(7) or (b)(10), as applicable, unless the person has the
	400	+	15 written permission of the owner, the owner's agent, an enforcement
	401	+	16 authority, or a court to come onto the property for purposes of
	402	+	17 performing maintenance, repair, or demolition.
	403	+	18 (g) A person described in subsection (b)(10) violates subsection
	404	+	19 (b)(10) unless the court that issued the order denying the person entry
	405	+	20 grants permission for the person to come onto the property.
	406	+	21 (h) Subsections (b), (c), and (g) do not apply to the following:
	407	+	22 (1) A passenger on a train.
	408	+	23 (2) An employee of a railroad carrier while engaged in the
	409	+	24 performance of official duties.
	410	+	25 (3) A law enforcement officer, firefighter, or emergency response
	411	+	26 personnel while engaged in the performance of official duties.
	412	+	27 (4) A person going on railroad property in an emergency to rescue
	413	+	28 a person or animal from harm's way or to remove an object that
	414	+	29 the person reasonably believes poses an imminent threat to life or
	415	+	30 limb.
	416	+	31 (5) A person on the station grounds or in the depot of a railroad
	417	+	32 carrier:
	418	+	33 (A) as a passenger; or
	419	+	34 (B) for the purpose of transacting lawful business.
	420	+	35 (6) A:
	421	+	36 (A) person; or
	422	+	37 (B) person's:
	423	+	38 (i) family member;
	424	+	39 (ii) invitee;
	425	+	40 (iii) employee;
	426	+	41 (iv) agent; or
	427	+	42 (v) independent contractor;
	428	+	EH 1338—LS 7057/DI 149 10
	429	+	1 going on a railroad's right-of-way for the purpose of crossing at a
	430	+	2 private crossing site approved by the railroad carrier to obtain
	431	+	3 access to land that the person owns, leases, or operates.
	432	+	4 (7) A person having written permission from the railroad carrier
	433	+	5 to go on specified railroad property.
	434	+	6 (8) A representative of the Indiana department of transportation
	435	+	7 while engaged in the performance of official duties.
	436	+	8 (9) A representative of the federal Railroad Administration while
	437	+	9 engaged in the performance of official duties.
	438	+	10 (10) A representative of the National Transportation Safety Board
	439	+	11 while engaged in the performance of official duties.
	440	+	EH 1338—LS 7057/DI 149 11
	441	+	COMMITTEE REPORT
	442	+	Mr. Speaker: Your Committee on Government and Regulatory
	443	+	Reform, to which was referred House Bill 1338, has had the same
	444	+	under consideration and begs leave to report the same back to the
	445	+	House with the recommendation that said bill be amended as follows:
	446	+	Page 1, delete lines 1 through 17, begin a new paragraph and insert:
	447	+	"SECTION 1. IC 5-14-1.5-3.3 IS ADDED TO THE INDIANA
	448	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	449	+	[EFFECTIVE JULY 1, 2024]: Sec. 3.3. (a) This section applies only
	450	+	to a meeting of the governing body of an entity described in section
	451	+	2(a)(2) or 2(a)(3) of this chapter.
	452	+	(b) This section does not apply to a meeting of the governing
	453	+	body of a school corporation or charter school.
	454	+	(c) As used in this section, "attendee" means a member of the
	455	+	public who is physically present at a meeting of a governing body.
	456	+	(d) If a governing body allows attendees to speak on a topic at
	457	+	a meeting, the governing body may designate:
	458	+	(1) a period for taking public testimony that is:
	459	+	(A) before or during the governing body's discussion or
	460	+	consideration of the topic; and
	461	+	(B) before the governing body takes final action on the
	462	+	topic; and
	463	+	(2) the amount of time allotted for attendees to speak on the
	464	+	topic.
	465	+	(e) A governing body may adopt reasonable rules or policies
	466	+	governing the conduct of a meeting, including any of the following:
	467	+	(1) Reasonable restrictions on the time allotted for attendees
	468	+	to speak on a topic.
	469	+	(2) Reasonable steps to maintain order during a meeting with
	470	+	respect to attendees and the elected officials of the governing
	471	+	body.
	472	+	(3) A procedure for the presiding member of the governing
	473	+	body to issue warnings to attendees who disrupt a meeting.
	474	+	Subject to subsection (g), the procedure may provide that if
	475	+	an attendee receives three (3) warnings, the presiding member
	476	+	of the governing body may upon the issuing the third warning,
	477	+	direct:
	478	+	(A) the attendee to leave the meeting; and
	479	+	(B) a law enforcement officer to remove the attendee from
	480	+	the meeting, if the attendee refuses to leave when directed
	481	+	by the presiding member.
	482	+	(f) The governing body must notify attendees of any rules or
	483	+	EH 1338—LS 7057/DI 149 12
	484	+	policies that are adopted under this section by:
	485	+	(1) posting the rules or policies in a visible area at the
	486	+	entrance to the meeting location; or
	487	+	(2) making an announcement of the rules or policies at the
	488	+	meeting before taking oral public comment.
	489	+	(g) Nothing in this section may be construed to prohibit a law
	490	+	enforcement officer from immediately removing an attendee from
	491	+	a meeting if:
	492	+	(1) removal of the attendee is necessary to maintain order or
	493	+	ensure the safety of another person;
	494	+	(2) the attendee is particularly disruptive; or
	495	+	(3) the attendee commits a criminal offense.
	496	+	(h) IC 34-13-3-3(a)(8) applies to this section.".
	497	+	Page 2, delete lines 1 through 40.
	498	+	Page 5, line 6, delete "government building" and insert "property".
	499	+	Page 5, line 12, delete "government building" and insert "property".
	500	+	Page 5, line 14, delete "government agency;" and insert "owner or
	501	+	operator of the property;".
	502	+	Renumber all SECTIONS consecutively.
	503	+	and when so amended that said bill do pass.
	504	+	(Reference is to HB 1338 as introduced.)
	505	+	MILLER D
	506	+	Committee Vote: yeas 11, nays 0.
	507	+	_____
	508	+	HOUSE MOTION
	509	+	Mr. Speaker: I move that House Bill 1338 be amended to read as
	510	+	follows:
	511	+	Page 2, line 29, delete "person;" and insert "person; or".
	512	+	Page 2, delete line 30.
	513	+	Page 2, line 31, delete "(3)" and insert "(2)".
	514	+	(Reference is to HB 1338 as printed January 16, 2024.)
	515	+	CLERE
	516	+	EH 1338—LS 7057/DI 149 13
	517	+	HOUSE MOTION
	518	+	Mr. Speaker: I move that House Bill 1338 be amended to read as
	519	+	follows:
	520	+	Page 4, delete lines 39 through 42, begin a new line block indented
	521	+	and insert:
	522	+	"(12) knowingly or intentionally:
	523	+	(A) enters and refuses to leave an area of a property that
	524	+	is marked as restricted;
	525	+	(B) enters or refuses to leave an area of a property
	526	+	designated as employee or authorized personnel only; or
	527	+	(C) enters or refuses to leave an area of a property that is
	528	+	locked or otherwise not accessible to the public;".
	529	+	Page 5, delete lines 1 through 2.
	530	+	(Reference is to HB 1338 as printed January 16, 2024.)
	531	+	TORR
	532	+	_____
	533	+	COMMITTEE REPORT
	534	+	Madam President: The Senate Committee on Corrections and
	535	+	Criminal Law, to which was referred House Bill No. 1338, has had the
	536	+	same under consideration and begs leave to report the same back to the
	537	+	Senate with the recommendation that said bill be AMENDED as
	538	+	follows:
	539	+	Page 2, line 13, after "upon" delete "the".
	540	+	Page 2, line 18, delete "member." and insert "member for a
	541	+	violation of the rules or policies governing the conduct of the
	542	+	meeting as adopted by the governing body.".
	543	+	Page 2, line 29, delete "or".
	544	+	Page 2, line 30, delete "offense." and insert "offense; or
	545	+	(3) the attendee violates the rules or policies governing the
	546	+	conduct of the meeting as adopted by the governing body.".
	547	+	Page 2, between lines 31 and 32, begin a new paragraph and insert:
	548	+	"SECTION 2. IC 5-14-4-6 IS AMENDED TO READ AS
	549	+	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. The governor shall
	550	+	appoint a public access counselor for a term of four (4) years at a salary
	551	+	to be fixed by the governor. The public access counselor shall serve
	552	+	at the pleasure of the governor.
	553	+	EH 1338—LS 7057/DI 149 14
	554	+	SECTION 3. IC 5-14-4-7 IS REPEALED [EFFECTIVE JULY 1,
	555	+	2024]. Sec. 7. The governor may remove the counselor for cause.
	556	+	SECTION 4. IC 5-14-4-10.5 IS ADDED TO THE INDIANA CODE
	557	+	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	558	+	1, 2024]: Sec. 10.5. When issuing an advisory opinion, the public
	559	+	access counselor shall consider only:
	560	+	(1) the public access laws, as plainly written; and
	561	+	(2) valid opinions of Indiana courts.".
	562	+	Page 4, delete lines 38 through 42, begin a new line block indented
	563	+	and insert:
	564	+	"(12) knowingly or intentionally enters or refuses to leave an
	565	+	area of a property that is locked or otherwise not accessible to
	566	+	the public without permission or prior authorization or after
	567	+	being asked to leave the area of a property by a law
	568	+	enforcement officer or an employee or agent of the owner or
	569	+	operator of the property;".
	570	+	Page 5, delete lines 1 through 6.
	571	+	Renumber all SECTIONS consecutively.
	572	+	and when so amended that said bill do pass.
	573	+	(Reference is to HB 1338 as reprinted January 19, 2024.)
	574	+	FREEMAN, Chairperson
	575	+	Committee Vote: Yeas 5, Nays 2.
	576	+	_____
	577	+	SENATE MOTION
	578	+	Madam President: I move that Engrossed House Bill 1338 be
	579	+	amended to read as follows:
	580	+	Page 1, between the enacting clause and line 1, begin a new
	581	+	paragraph and insert:
	582	+	"SECTION 1. IC 5-14-1.5-2, AS AMENDED BY P.L.124-2022,
16	583		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17	584		JULY 1, 2024]: Sec. 2. For the purposes of this chapter:
18	585		(a) "Public agency", except as provided in section 2.1 of this
19	586		chapter, means the following:
20	587		(1) Any board, commission, department, agency, authority, or
21	588		other entity, by whatever name designated, exercising a portion of
22	589		the executive, administrative, or legislative power of the state.
23	590		(2) Any county, township, school corporation, city, town, political
	591	+	EH 1338—LS 7057/DI 149 15
24	592		subdivision, or other entity, by whatever name designated,
25	593		exercising in a limited geographical area the executive,
26	594		administrative, or legislative power of the state or a delegated
27	595		local governmental power.
28	596		(3) Any entity which is subject to either:
29	597		(A) budget review by either the department of local
30	598		government finance or the governing body of a county, city,
31	599		town, township, or school corporation; or
32	600		(B) audit by the state board of accounts that is required by
33	601		statute, rule, or regulation.
34	602		(4) Any building corporation of a political subdivision of the state
35	603		of Indiana that issues bonds for the purpose of constructing public
36		-	HEA 1338 — Concur 2
37	604		facilities.
38	605		(5) Any advisory commission, committee, or body created by
39	606		statute, ordinance, or executive order to advise the governing
40	607		body of a public agency, except medical staffs or the committees
41	608		of any such staff.
42	609		(6) The Indiana gaming commission established by IC 4-33,
43	610		including any department, division, or office of the commission.
44	611		(7) The Indiana horse racing commission established by IC 4-31,
45	612		including any department, division, or office of the commission.
46	613		(b) "Governing body" means two (2) or more individuals who are
47	614		any of the following:
48	615		(1) A public agency that:
49	616		(A) is a board, a commission, an authority, a council, a
50	617		committee, a body, or other entity; and
51	618		(B) takes official action on public business.
52	619		(2) The board, commission, council, or other body of a public
53	620		agency which takes official action upon public business.
54	621		(3) Any committee appointed directly by the governing body or
55	622		its presiding officer to which authority to take official action upon
56	623		public business has been delegated. However, the following do
57	624		not constitute a governing body for purposes of this chapter:
58	625		(A) An agent or agents appointed by the governing body to
59	626		conduct collective bargaining on behalf of the governing body.
60	627		does not constitute a governing body for purposes of this
61	628		chapter.
62	629		(B) A committee appointed directly by the governing body
63	630		or a designee of the governing body:
64	631		(i) for the sole purpose of receiving information,
65	632		deliberating, or making recommendations to the
66	633		governing body; and
	634	+	EH 1338—LS 7057/DI 149 16
67	635		(ii) that has not more than one (1) member of the
68	636		governing body as a member.
69	637		(c) "Meeting" means a gathering of a majority of the governing body
70	638		of a public agency for the purpose of taking official action upon public
71	639		business. It does not include any of the following:
72	640		(1) Any social or chance gathering not intended to avoid this
73	641		chapter.
74	642		(2) Any on-site inspection of any:
75	643		(A) project;
76	644		(B) program; or
77	645		(C) facilities of applicants for incentives or assistance from the
78	646		governing body.
79		-	HEA 1338 — Concur 3
80	647		(3) Traveling to and attending meetings of organizations devoted
81	648		to betterment of government.
82	649		(4) A caucus.
83	650		(5) A gathering to discuss an industrial or a commercial prospect
84	651		that does not include a conclusion as to recommendations, policy,
85	652		decisions, or final action on the terms of a request or an offer of
86	653		public financial resources.
87	654		(6) An orientation of members of the governing body on their role
88	655		and responsibilities as public officials, but not for any other
89	656		official action.
90	657		(7) A gathering for the sole purpose of administering an oath of
91	658		office to an individual.
92	659		(8) Collective bargaining discussions that the governing body of
93	660		a school corporation engages in directly with bargaining
94	661		adversaries. This subdivision applies only to a governing body
95	662		that has not appointed an agent or agents to conduct collective
96	663		bargaining on behalf of the governing body as described in
97	664		subsection (b)(3).
98	665		(d) "Official action" means to:
99	666		(1) receive information;
100	667		(2) deliberate;
101	668		(3) make recommendations;
102	669		(4) establish policy;
103	670		(5) make decisions; or
104	671		(6) take final action.
105	672		(e) "Public business" means any function upon which the public
106	673		agency is empowered or authorized to take official action.
107	674		(f) "Executive session" means a meeting from which the public is
108	675		excluded, except the governing body may admit those persons
109	676		necessary to carry out its purpose. The governing body may also admit
	677	+	EH 1338—LS 7057/DI 149 17
110	678		an individual who has been elected to the governing body but has not
111	679		been sworn in as a member of the governing body.
112	680		(g) "Final action" means a vote by the governing body on any
113	681		motion, proposal, resolution, rule, regulation, ordinance, or order.
114	682		(h) "Caucus" means a gathering of members of a political party or
115	683		coalition which is held for purposes of planning political strategy and
116	684		holding discussions designed to prepare the members for taking official
117	685		action.
118	686		(i) "Deliberate" means a discussion which may reasonably be
119	687		expected to result in official action (defined under subsection (d)(3),
120	688		(d)(4), (d)(5), or (d)(6)).
121	689		(j) "News media" means all newspapers qualified to receive legal
122		-	HEA 1338 — Concur 4
123	690		advertisements under IC 5-3-1, all news services (as defined in
124	691		IC 34-6-2-87), and all licensed commercial or public radio or television
125	692		stations.
126	693		(k) "Person" means an individual, a corporation, a limited liability
127	694		company, a partnership, an unincorporated association, or a
128	695		governmental entity.
129	696		(l) "State educational institution" has the meaning set forth in
130	697		IC 21-7-13-32.
131	698		(m) "Charter school" has the meaning set forth in IC 20-24-1-4).
132	699		The term includes a virtual charter school (as defined in
133		-	IC 20-24-1-10).
134		-	SECTION 2. IC 5-14-1.5-3.3 IS ADDED TO THE INDIANA
135		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
136		-	[EFFECTIVE JULY 1, 2024]: Sec. 3.3. (a) This section applies only
137		-	to a meeting of the governing body of an entity described in section
138		-	2(a)(2) or 2(a)(3) of this chapter.
139		-	(b) This section does not apply to a meeting of the governing
140		-	body of a school corporation or charter school.
141		-	(c) As used in this section, "attendee" means a member of the
142		-	public who is physically present at a meeting of a governing body.
143		-	(d) If a governing body allows attendees to speak on a topic at
144		-	a meeting, the governing body may designate:
145		-	(1) a period for taking public testimony that is:
146		-	(A) before or during the governing body's discussion or
147		-	consideration of the topic; and
148		-	(B) before the governing body takes final action on the
149		-	topic; and
150		-	(2) the amount of time allotted for attendees to speak on the
151		-	topic.
152		-	(e) A governing body may adopt reasonable rules or policies
153		-	governing the conduct of a meeting, including any of the following:
154		-	(1) Reasonable restrictions on the time allotted for attendees
155		-	to speak on a topic.
156		-	(2) Reasonable steps to maintain order during a meeting with
157		-	respect to attendees and the elected officials of the governing
158		-	body.
159		-	(3) A procedure for the presiding member of the governing
160		-	body to issue warnings to attendees who disrupt a meeting.
161		-	Subject to subsection (g), the procedure may provide that if
162		-	an attendee receives three (3) warnings, the presiding member
163		-	of the governing body may upon issuing the third warning,
164		-	direct:
165		-	HEA 1338 — Concur 5
166		-	(A) the attendee to leave the meeting; and
167		-	(B) a law enforcement officer to remove the attendee from
168		-	the meeting, if the attendee refuses to leave when directed
169		-	by the presiding member for a violation of the rules or
170		-	policies governing the conduct of the meeting as adopted
171		-	by the governing body.
172		-	(f) The governing body must notify attendees of any rules or
173		-	policies that are adopted under this section by:
174		-	(1) posting the rules or policies in a visible area at the
175		-	entrance to the meeting location; or
176		-	(2) making an announcement of the rules or policies at the
177		-	meeting before taking oral public comment.
178		-	(g) Nothing in this section may be construed to prohibit a law
179		-	enforcement officer from immediately removing an attendee from
180		-	a meeting if:
181		-	(1) removal of the attendee is necessary to maintain order or
182		-	ensure the safety of another person;
183		-	(2) the attendee commits a criminal offense; or
184		-	(3) the attendee violates the rules or policies governing the
185		-	conduct of the meeting as adopted by the governing body.
186		-	(h) IC 34-13-3-3(a)(8) applies to this section.
187		-	SECTION 3. IC 5-14-4-6 IS AMENDED TO READ AS FOLLOWS
188		-	[EFFECTIVE JULY 1, 2024]: Sec. 6. The governor shall appoint a
189		-	public access counselor for a term of four (4) years at a salary to be
190		-	fixed by the governor. The public access counselor shall serve at the
191		-	pleasure of the governor.
192		-	SECTION 4. IC 5-14-4-7 IS REPEALED [EFFECTIVE JULY 1,
193		-	2024]. Sec. 7. The governor may remove the counselor for cause.
194		-	SECTION 5. IC 5-14-4-10.5 IS ADDED TO THE INDIANA CODE
195		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
196		-	1, 2024]: Sec. 10.5. When issuing an advisory opinion, the public
197		-	access counselor shall consider only:
198		-	(1) the public access laws, as plainly written; and
199		-	(2) valid opinions of Indiana courts.
200		-	SECTION 6. IC 35-43-2-2, AS AMENDED BY P.L.79-2023,
201		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
202		-	JULY 1, 2024]: Sec. 2. (a) As used in this section, "authorized person"
203		-	means a person authorized by an agricultural operation or a scientific
204		-	research facility to act on behalf of the agricultural operation or the
205		-	scientific research facility.
206		-	(b) A person who:
207		-	(1) not having a contractual interest in the property, knowingly or
208		-	HEA 1338 — Concur 6
209		-	intentionally enters the real property of another person after
210		-	having been denied entry by the other person or that person's
211		-	agent;
212		-	(2) not having a contractual interest in the property, knowingly or
213		-	intentionally refuses to leave the real property of another person
214		-	after having been asked to leave by the other person or that
215		-	person's agent;
216		-	(3) accompanies another person in a vehicle, with knowledge that
217		-	the other person knowingly or intentionally is exerting
218		-	unauthorized control over the vehicle;
219		-	(4) knowingly or intentionally interferes with the possession or
220		-	use of the property of another person without the person's consent;
221		-	(5) not having a contractual interest in the property, knowingly or
222		-	intentionally enters the:
223		-	(A) property of an agricultural operation that is used for the
224		-	production, processing, propagation, packaging, cultivation,
225		-	harvesting, care, management, or storage of an animal, plant,
226		-	or other agricultural product, including any pasturage or land
227		-	used for timber management, without the consent of the owner
228		-	of the agricultural operation or an authorized person; or
229		-	(B) dwelling of another person without the person's consent;
230		-	(6) knowingly or intentionally:
231		-	(A) travels by train without lawful authority or the railroad
232		-	carrier's consent; and
233		-	(B) rides on the outside of a train or inside a passenger car,
234		-	locomotive, or freight car, including a boxcar, flatbed, or
235		-	container without lawful authority or the railroad carrier's
236		-	consent;
237		-	(7) not having a contractual interest in the property, knowingly or
238		-	intentionally enters or refuses to leave the property of another
239		-	person after having been prohibited from entering or asked to
240		-	leave the property by a law enforcement officer when the property
241		-	is:
242		-	(A) vacant real property (as defined in IC 36-7-36-5) or a
243		-	vacant structure (as defined in IC 36-7-36-6); or
244		-	(B) designated by a municipality or county enforcement
245		-	authority to be:
246		-	(i) abandoned property or an abandoned structure (as
247		-	defined in IC 36-7-36-1); or
248		-	(ii) an unsafe building or an unsafe premises (as described
249		-	in IC 36-7-9);
250		-	(8) not having a contractual interest in the property, knowingly or
251		-	HEA 1338 — Concur 7
252		-	intentionally enters the real property of an agricultural operation
253		-	(as defined in IC 32-30-6-1) without the permission of the owner
254		-	of the agricultural operation or an authorized person, and
255		-	knowingly or intentionally engages in conduct that causes
256		-	property damage to:
257		-	(A) the owner of or a person having a contractual interest in
258		-	the agricultural operation;
259		-	(B) the operator of the agricultural operation; or
260		-	(C) a person having personal property located on the property
261		-	of the agricultural operation;
262		-	(9) not having a contractual interest in the property, knowingly or
263		-	intentionally enters the real property of a scientific research
264		-	facility (as defined in IC 35-31.5-2-287) without the permission
265		-	of, or with permission which was fraudulently obtained from, the
266		-	owner of the scientific research facility or an authorized person,
267		-	and knowingly or intentionally engages in conduct that causes
268		-	property damage to:
269		-	(A) the owner of or a person having a contractual interest in
270		-	the scientific research facility;
271		-	(B) the operator of the scientific research facility; or
272		-	(C) a person having personal property located on the property
273		-	of the scientific research facility;
274		-	(10) knowingly or intentionally enters the property of another
275		-	person after being denied entry by a court order that has been
276		-	issued to the person or issued to the general public by
277		-	conspicuous posting on or around the premises in areas where a
278		-	person can observe the order when the property has been
279		-	designated by a municipality or county enforcement authority to
280		-	be:
281		-	(A) a vacant property;
282		-	(B) an abandoned property;
283		-	(C) an abandoned structure (as defined in IC 36-7-36-1); or
284		-	(D) an unsafe building or an unsafe premises (as described in
285		-	IC 36-7-9); or
286		-	(11) knowingly or intentionally enters or refuses to leave the polls
287		-	(as defined in IC 3-5-2-39) or chute (as defined in IC 3-5-2-10)
288		-	after having been prohibited from entering or asked to leave the
289		-	polls or chute by a precinct election officer (as defined in
290		-	IC 3-5-2-40.1) or a law enforcement officer acting on behalf of a
291		-	precinct election officer; or
292		-	(12) knowingly or intentionally:
	700	+	IC 20-24-1-10).".
	701	+	Renumber all SECTIONS consecutively.
	702	+	(Reference is to EHB 1338 as printed March 1, 2024.)
	703	+	BALDWIN
	704	+	_____
	705	+	SENATE MOTION
	706	+	Madam President: I move that Engrossed House Bill 1338 be
	707	+	amended to read as follows:
	708	+	Page 5, delete lines 13 through 18, begin a new line block indented
	709	+	and insert:
	710	+	"(12) knowingly or intentionally:
293	711		(A) without permission or prior authorization, enters an
294		-	HEA 1338 — Concur 8
295	712		area of property that is locked; or
296	713		(B) refuses to leave an area of a property that is otherwise
297	714		not accessible to the public, after being asked to leave the
	715	+	EH 1338—LS 7057/DI 149 18
298	716		area of a property by a law enforcement officer or an
299	717		employee or agent of the owner or operator of the
300		-	property;
301		-	commits criminal trespass, a Class A misdemeanor. However, the
302		-	offense is a Level 6 felony if it is committed on a scientific research
303		-	facility, on a facility belonging to a public utility (as defined in
304		-	IC 32-24-1-5.9(a)), on school property, or on a school bus or the person
305		-	has a prior unrelated conviction for an offense under this section
306		-	concerning the same property. The offense is a Level 6 felony, for
307		-	purposes of subdivision (8), if the property damage is more than seven
308		-	hundred fifty dollars ($750) and less than fifty thousand dollars
309		-	($50,000). The offense is a Level 5 felony, for purposes of subdivisions
310		-	(8) and (9), if the property damage is at least fifty thousand dollars
311		-	($50,000).
312		-	(c) A person has been denied entry under subsection (b)(1) when the
313		-	person has been denied entry by means of:
314		-	(1) personal communication, oral or written;
315		-	(2) posting or exhibiting a notice at the main entrance in a manner
316		-	that is either prescribed by law or likely to come to the attention
317		-	of the public;
318		-	(3) a hearing authority or court order under IC 32-30-6,
319		-	IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or
320		-	(4) posting the property by placing identifying purple marks on
321		-	trees or posts around the area where entry is denied.
322		-	(d) For the purposes of subsection (c)(4):
323		-	(1) each purple mark must be readily visible to any person
324		-	approaching the property and must be placed:
325		-	(A) on a tree:
326		-	(i) as a vertical line of at least eight (8) inches in length and
327		-	with the bottom of the mark at least three (3) feet and not
328		-	more than five (5) feet from the ground; and
329		-	(ii) not more than one hundred (100) feet from the nearest
330		-	other marked tree; or
331		-	(B) on a post:
332		-	(i) with the mark covering at least the top two (2) inches of
333		-	the post, and with the bottom of the mark at least three (3)
334		-	feet and not more than five (5) feet six (6) inches from the
335		-	ground; and
336		-	(ii) not more than thirty-six (36) feet from the nearest other
337		-	HEA 1338 — Concur 9
338		-	marked post; and
339		-	(2) before a purple mark that would be visible from both sides of
340		-	a fence shared by different property owners or lessees may be
341		-	applied, all of the owners or lessees of the properties must agree
342		-	to post the properties with purple marks under subsection (c)(4).
343		-	(e) A law enforcement officer may not deny entry to property or ask
344		-	a person to leave a property under subsection (b)(7) unless there is
345		-	reasonable suspicion that criminal activity has occurred or is occurring.
346		-	(f) A person described in subsection (b)(7) or (b)(10) violates
347		-	subsection (b)(7) or (b)(10), as applicable, unless the person has the
348		-	written permission of the owner, the owner's agent, an enforcement
349		-	authority, or a court to come onto the property for purposes of
350		-	performing maintenance, repair, or demolition.
351		-	(g) A person described in subsection (b)(10) violates subsection
352		-	(b)(10) unless the court that issued the order denying the person entry
353		-	grants permission for the person to come onto the property.
354		-	(h) Subsections (b), (c), and (g) do not apply to the following:
355		-	(1) A passenger on a train.
356		-	(2) An employee of a railroad carrier while engaged in the
357		-	performance of official duties.
358		-	(3) A law enforcement officer, firefighter, or emergency response
359		-	personnel while engaged in the performance of official duties.
360		-	(4) A person going on railroad property in an emergency to rescue
361		-	a person or animal from harm's way or to remove an object that
362		-	the person reasonably believes poses an imminent threat to life or
363		-	limb.
364		-	(5) A person on the station grounds or in the depot of a railroad
365		-	carrier:
366		-	(A) as a passenger; or
367		-	(B) for the purpose of transacting lawful business.
368		-	(6) A:
369		-	(A) person; or
370		-	(B) person's:
371		-	(i) family member;
372		-	(ii) invitee;
373		-	(iii) employee;
374		-	(iv) agent; or
375		-	(v) independent contractor;
376		-	going on a railroad's right-of-way for the purpose of crossing at a
377		-	private crossing site approved by the railroad carrier to obtain
378		-	access to land that the person owns, leases, or operates.
379		-	(7) A person having written permission from the railroad carrier
380		-	HEA 1338 — Concur 10
381		-	to go on specified railroad property.
382		-	(8) A representative of the Indiana department of transportation
383		-	while engaged in the performance of official duties.
384		-	(9) A representative of the federal Railroad Administration while
385		-	engaged in the performance of official duties.
386		-	(10) A representative of the National Transportation Safety Board
387		-	while engaged in the performance of official duties.
388		-	HEA 1338 — Concur Speaker of the House of Representatives
389		-	President of the Senate
390		-	President Pro Tempore
391		-	Governor of the State of Indiana
392		-	Date: Time:
393		-	HEA 1338 — Concur
	718	+	property;".
	719	+	(Reference is to EHB 1338 as printed March 1, 2024.)
	720	+	FREEMAN
	721	+	EH 1338—LS 7057/DI 149