Indiana 2024 Regular Session

Indiana House Bill HB1339 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1339
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-47-11.1.
7	7	Synopsis: Entertainment zones. Establishes entertainment zones
8	8	within a consolidated city. Provides that the city-county council may
9	9	establish a public safety plan for all or a designated part of an
10	10	entertainment zone. Provides that a public safety plan for an
11	11	entertainment zone may include a restriction on the possession of
12	12	firearms within the entertainment zone, or within a particular area of
13	13	the entertainment zone designated by the public safety plan, during
14	14	certain hours. Establishes procedures for approving the public safety
15	15	plan.
16	16	Effective: July 1, 2024.
17	17	DeLaney
18	18	January 10, 2024, read first time and referred to Committee on Veterans Affairs and Public
19	19	Safety.
20	20	2024 IN 1339—LS 6745/DI 116 Introduced
21	21	Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
31	31	HOUSE BILL No. 1339
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 35-47-11.1-4, AS AMENDED BY P.L.175-2022,
36	36	2 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37	37	3 JULY 1, 2024]: Sec. 4. This chapter may not be construed to prevent
38	38	4 any of the following:
39	39	5 (1) A law enforcement agency of a political subdivision from
40	40	6 enacting and enforcing regulations pertaining to firearms,
41	41	7 ammunition, or firearm accessories issued to or used by law
42	42	8 enforcement officers in the course of their official duties.
43	43	9 (2) Subject to IC 34-28-7-2, an employer from regulating or
44	44	10 prohibiting the employees of the employer from carrying firearms
45	45	11 and ammunition in the course of the employee's official duties.
46	46	12 (3) A court or administrative law judge from hearing and
47	47	13 resolving any case or controversy or issuing any opinion or order
48	48	14 on a matter within the jurisdiction of the court or judge.
49	49	15 (4) The enactment or enforcement of generally applicable zoning
50	50	16 or business ordinances that apply to firearms businesses to the
51	51	17 same degree as other similar businesses. However, a provision of
52	52	2024 IN 1339—LS 6745/DI 116 2
53	53	1 an ordinance that is designed or enforced to effectively restrict or
54	54	2 prohibit the sale, purchase, transfer, manufacture, or display of
55	55	3 firearms, ammunition, or firearm accessories that is otherwise
56	56	4 lawful under the laws of this state is void. A unit (as defined in
57	57	5 IC 36-1-2-23) may not use the unit's planning and zoning powers
58	58	6 under IC 36-7-4 to prohibit the sale of firearms within a
59	59	7 prescribed distance of any other type of commercial property or
60	60	8 of school property or other educational property.
61	61	9 (5) Subject to IC 35-47-16-1, the enactment or enforcement of a
62	62	10 provision prohibiting or restricting the possession of a firearm in
63	63	11 any building that contains the courtroom of a circuit, superior,
64	64	12 city, town, or small claims court. However, if a portion of the
65	65	13 building is occupied by a residential tenant or private business,
66	66	14 any provision restricting or prohibiting the possession of a firearm
67	67	15 does not apply to the portion of the building that is occupied by
68	68	16 the residential tenant or private business, or to common areas of
69	69	17 the building used by a residential tenant or private business.
70	70	18 (6) The enactment or enforcement of a provision prohibiting or
71	71	19 restricting the intentional display of a firearm at a public meeting.
72	72	20 (7) The enactment or enforcement of a provision prohibiting or
73	73	21 restricting the possession of a firearm in a public hospital
74	74	22 corporation that contains a secure correctional health unit that is
75	75	23 staffed by a law enforcement officer twenty-four (24) hours a day.
76	76	24 (8) The imposition of any restriction or condition placed on a
77	77	25 person participating in:
78	78	26 (A) a community corrections program (IC 11-12-1);
79	79	27 (B) a forensic diversion program (IC 11-12-3.7); or
80	80	28 (C) a pretrial diversion program (IC 33-39-1).
81	81	29 (9) The enforcement or prosecution of the offense of criminal
82	82	30 recklessness (IC 35-42-2-2) involving the use of a firearm.
83	83	31 (10) For an event occurring on property leased from a political
84	84	32 subdivision or municipal corporation by the promoter or organizer
85	85	33 of the event:
86	86	34 (A) the establishment, by the promoter or organizer, at the
87	87	35 promoter's or organizer's own discretion, of rules of conduct or
88	88	36 admission upon which attendance at or participation in the
89	89	37 event is conditioned; or
90	90	38 (B) the implementation or enforcement of the rules of conduct
91	91	39 or admission described in clause (A) by a political subdivision
92	92	40 or municipal corporation in connection with the event.
93	93	41 (11) The enactment or enforcement of a provision prohibiting or
94	94	42 restricting the possession of a firearm in a hospital established
95	95	2024 IN 1339—LS 6745/DI 116 3
96	96	1 and operated under IC 16-22-2 or IC 16-23.
97	97	2 (12) A unit from using the unit's planning and zoning powers
98	98	3 under IC 36-7-4 to prohibit the sale of firearms within two
99	99	4 hundred (200) feet of a school by a person having a business that
100	100	5 did not sell firearms within two hundred (200) feet of a school
101	101	6 before April 1, 1994.
102	102	7 (13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
103	103	8 from enacting or enforcing a provision prohibiting or restricting
104	104	9 the possession of a firearm in a building owned or administered
105	105	10 by the unit if:
106	106	11 (A) metal detection devices are located at each public entrance
107	107	12 to the building;
108	108	13 (B) each public entrance to the building is staffed by at least
109	109	14 one (1) law enforcement officer:
110	110	15 (i) who has been adequately trained to conduct inspections
111	111	16 of persons entering the building by use of metal detection
112	112	17 devices and proper physical pat down searches; and
113	113	18 (ii) when the building is open to the public; and
114	114	19 (C) each:
115	115	20 (i) individual who enters the building through the public
116	116	21 entrance when the building is open to the public; and
117	117	22 (ii) bag, package, and other container carried by the
118	118	23 individual;
119	119	24 is inspected by a law enforcement officer described in clause
120	120	25 (B).
121	121	26 However, except as provided in subdivision (5) concerning a
122	122	27 building that contains a courtroom, a unit may not prohibit or
123	123	28 restrict the possession of a handgun under this subdivision in a
124	124	29 building owned or administered by the unit if the person who
125	125	30 possesses the handgun is not otherwise prohibited from carrying
126	126	31 or possessing a handgun.
127	127	32 (14) The enforcement by a consolidated city (as defined in
128	128	33 IC 3-5-2-12) of a restriction on the possession of firearms
129	129	34 within the bounds of a designated entertainment zone in
130	130	35 accordance with section 4.1 of this chapter.
131	131	36 SECTION 2. IC 35-47-11.1-4.1 IS ADDED TO THE INDIANA
132	132	37 CODE AS A NEW SECTION TO READ AS FOLLOWS
133	133	38 [EFFECTIVE JULY 1, 2024]: Sec. 4.1. (a) As used in this section,
134	134	39 "city-county council" refers to the Indianapolis city-county council
135	135	40 established by IC 36-3-4-2.
136	136	41 (b) As used in this section, "consolidated city" has the meaning
137	137	42 set forth in IC 3-5-2-12.
138	138	2024 IN 1339—LS 6745/DI 116 4
139	139	1 (c) Notwithstanding any other law, restrictions on firearms may
140	140	2 be imposed by a consolidated city within an entertainment zone
141	141	3 that has been established under this section.
142	142	4 (d) The following entertainment zones are established within a
143	143	5 consolidated city:
144	144	6 (1) The central business zoning district of Indianapolis.
145	145	7 (2) An area designated as a cultural district by the city of
146	146	8 Indianapolis.
147	147	9 (e) The city-county council may establish a public safety plan for
148	148	10 all or a designated part of an entertainment zone established by
149	149	11 subsection (d). To establish a public safety plan, the city-county
150	150	12 council must, with respect to each separate entertainment zone
151	151	13 established by subsection (d), do the following:
152	152	14 (1) Adopt, after at least one (1) public hearing, a declaratory
153	153	15 resolution that contains findings of fact related to the need for
154	154	16 enhanced public safety measures within the entertainment
155	155	17 zone, and directs the executive of the consolidated city, or the
156	156	18 executive's designee, to prepare and submit to the city-county
157	157	19 council a public safety plan describing with particularity the
158	158	20 following:
159	159	21 (A) The enhanced public safety measures to be enforced
160	160	22 within the entertainment zone (including the precise
161	161	23 geographic description of the area within the
162	162	24 entertainment zone in which the public safety measures
163	163	25 shall be applied).
164	164	26 (B) The consolidated city's plan to enforce the enhanced
165	165	27 public safety measures within the entertainment zone.
166	166	28 (C) The estimated cost of the enforcement described in
167	167	29 clause (B).
168	168	30 (D) Feedback received from residents and business owners
169	169	31 within the boundaries of the entertainment zone.
170	170	32 (2) Adopt, after at least one (1) public hearing after the public
171	171	33 hearing described in subdivision (1), a confirmatory
172	172	34 resolution approving the public safety plan for the
173	173	35 entertainment zone.
174	174	36 (f) A public safety plan for an entertainment zone may include
175	175	37 a restriction on the possession of firearms within the entertainment
176	176	38 zone, or within a particular area of the entertainment zone
177	177	39 designated by the public safety plan, during certain hours. Within
178	178	40 the area designated by the public safety plan restricting the
179	179	41 possession of a firearm, the consolidated city may enforce the
180	180	42 restriction and may assist property owners or contracted security
181	181	2024 IN 1339—LS 6745/DI 116 5
182	182	1 officers in enforcing the firearm restriction.
183	183	2 (g) The penalty for a violation of the firearm restriction
184	184	3 described in subsection (f) shall be limited to the exclusion of a
185	185	4 pedestrian presenting at an entry point with a firearm from the
186	186	5 area in which the restriction applies, or removal from the area in
187	187	6 which the restriction applies of a visitor who is found to be
188	188	7 carrying a firearm within the area. This subsection shall not be
189	189	8 construed to authorize searches and seizures not otherwise
190	190	9 permitted by law or to authorize the imposition of any civil or
191	191	10 criminal penalties not otherwise permitted by law.
192	192	11 (h) A firearm restriction adopted as part of a public safety plan
193	193	12 under subsection (f) for an entertainment zone may be enforced
194	194	13 only if, in accordance with the public safety plan:
195	195	14 (1) all pedestrian entrances to the area of the entertainment
196	196	15 zone in which a firearm restriction applies, during the hours
197	197	16 when the firearm restriction is in place, have clearly posted
198	198	17 notices of the firearm restriction and the applicable hours;
199	199	18 and
200	200	19 (2) all vehicular access is blocked to the area of the
201	201	20 entertainment zone in which a firearm restriction applies
202	202	21 during the hours when the firearm restriction is in place.
203	203	22 (i) A firearm restriction adopted as part of a public safety plan
204	204	23 under subsection (f) for all or part of an entertainment zone shall
205	205	24 apply only to pedestrian visitors to the area of the entertainment
206	206	25 zone in which the firearm restriction applies who have entered the
207	207	26 restricted area, or who seek entry to the restricted area, through
208	208	27 controlled and clearly marked entry points. A firearm restriction
209	209	28 shall not apply to:
210	210	29 (1) any residents of the area encompassed by the firearm
211	211	30 restriction;
212	212	31 (2) possession or carrying of firearms by a person who owns
213	213	32 real property within the restricted area while on the person's
214	214	33 real property;
215	215	34 (3) any law enforcement officer; or
216	216	35 (4) a privately retained security officer that is identified to a
217	217	36 law enforcement agency designated by the city-county council.
218	218	2024 IN 1339—LS 6745/DI 116