Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1422
AN ACT to amend the Indiana Code concerning criminal law and
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 35-31.5-2-37.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 37.4. "Chemical intoxicant", for
purposes of IC 35-44.1-3-5, has the meaning set forth in
IC 35-44.1-3-5.
SECTION 2. IC 35-31.5-2-178, AS AMENDED BY P.L.13-2013,
SECTION 117, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 178. "Juvenile facility", for
purposes of IC 35-44.1-3-5, has the meaning set forth in
IC 35-44.1-3-5(a). IC 35-44.1-3-5.
SECTION 3. IC 35-44.1-3-5, AS AMENDED BY P.L.168-2014,
SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. (a) As used in The following definitions apply
throughout this section:
(1) "Chemical intoxicant" means a substance that, when
introduced into a person's body, causes intoxication or a
similar physical effect. The term does not include an alcoholic
beverage or a cigarette or tobacco product (as defined in
IC 6-7-2-5).
(2) "Juvenile facility" means the following:
(1) (A) A secure facility (as defined in IC 31-9-2-114) in
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which a child is detained under IC 31 or used for a child
awaiting adjudication or adjudicated under IC 31 as a child in
need of services or a delinquent child.
(2) (B) A shelter care facility (as defined in IC 31-9-2-117) in
which a child is detained under IC 31 or used for a child
awaiting adjudication or adjudicated under IC 31 as a child in
need of services or a delinquent child.
(b) A person who, without the prior authorization of the person in
charge of a penal facility or juvenile facility, knowingly or
intentionally:
(1) delivers, or carries into the penal facility or juvenile facility
with intent to deliver, an article to an inmate or child of the
facility;
(2) carries, or receives with intent to carry out of the penal facility
or juvenile facility, an article from an inmate or child of the
facility; or
(3) delivers, or carries to a worksite with the intent to deliver,
alcoholic beverages to an inmate or child of a jail work crew or
community work crew;
commits trafficking with an inmate, a Class A misdemeanor. However,
the offense is a Level 5 felony under subdivision (1) or (2) if the article
is a controlled substance, a chemical intoxicant, a deadly weapon, or
a cellular telephone or other wireless or cellular communications
device.
(c) If:
(1) the person who committed the offense under subsection (b) is
an employee of:
(A) the department of correction; or
(B) a penal facility;
and the article is a cigarette or tobacco product (as defined in
IC 6-7-2-5), the court shall order the person to pay a fine of at
least five hundred dollars ($500) and not more than five thousand
dollars ($5,000) under IC 35-50-3-2, in addition to any term of
imprisonment imposed under IC 35-50-3-2; or
(2) a person is convicted of committing a Level 5 felony under
subsection (b)(1) or (b)(2) because the article was a cellular
telephone or other wireless or cellular communication device, the
court shall order the person to pay a fine of at least five hundred
dollars ($500) and not more than ten thousand dollars ($10,000)
under IC 35-50-2-6(a) in addition to any term of imprisonment
imposed on the person under IC 35-50-2-6(a).
(d) A person who:
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(1) is not an inmate of a penal facility or a child of a juvenile
facility; and
(2) knowingly or intentionally possesses in, or carries or causes to
be brought into, the penal facility or juvenile facility a deadly
weapon without the prior authorization of the person in charge of
the penal facility or juvenile facility;
commits carrying a deadly weapon into a correctional facility, a Level
5 felony.
HEA 1422 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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