Introduced Version
SENATE BILL No. 23
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-43-1-2.
Synopsis: Damage to a fire suppression system. Provides that a person
who recklessly, knowingly, or intentionally damages or defaces a
component of an automatic building fire suppression system commits
criminal mischief, a Level 6 felony.
Effective: July 1, 2024.
Becker, Crider
January 8, 2024, read first time and referred to Committee on Corrections and Criminal
Law.
2024 IN 23—LS 6072/DI 116 Introduced
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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 23
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-43-1-2, AS AMENDED BY P.L.79-2023,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 2. (a) A person who recklessly, knowingly, or
4 intentionally damages or defaces property of another person without
5 the other person's consent commits criminal mischief, a Class B
6 misdemeanor. However, the offense is:
7 (1) a Class A misdemeanor if the pecuniary loss is at least seven
8 hundred fifty dollars ($750) but less than fifty thousand dollars
9 ($50,000); and
10 (2) a Level 6 felony if:
11 (A) the pecuniary loss is at least fifty thousand dollars
12 ($50,000);
13 (B) the damage causes a substantial interruption or impairment
14 of utility service rendered to the public;
15 (C) the damage is to a public record; or
16 (D) the damage is to a law enforcement animal (as defined in
17 IC 35-46-3-4.5); or
2024 IN 23—LS 6072/DI 116 2
1 (E) the damage is to a component of an automatic building
2 fire suppression system.
3 (b) A person who recklessly, knowingly, or intentionally damages:
4 (1) a structure used for religious worship without the consent of
5 the owner, possessor, or occupant of the property that is damaged;
6 (2) a school or community center without the consent of the
7 owner, possessor, or occupant of the property that is damaged;
8 (3) the property of an agricultural operation (as defined in
9 IC 32-30-6-1) without the consent of the owner, possessor, or
10 occupant of the property that is damaged;
11 (4) the property of a scientific research facility (as defined in
12 IC 35-31.5-2-287) without the consent of, or with consent which
13 was fraudulently obtained from, the owner, possessor, or occupant
14 of the property that is damaged;
15 (5) the grounds:
16 (A) adjacent to; and
17 (B) owned or rented in common with;
18 a structure or facility identified in subdivisions (1) through (4)
19 without the consent of the owner, possessor, or occupant of the
20 property that is damaged;
21 (6) personal property contained in a structure or located at a
22 facility identified in subdivisions (1) through (4) without the
23 consent of the owner, possessor, or occupant of the property that
24 is damaged;
25 (7) property that is vacant real property (as defined in
26 IC 36-7-36-5) or a vacant structure (as defined in IC 36-7-36-6);
27 or
28 (8) property after the person has been denied entry to the property
29 by a court order that was issued:
30 (A) to the person; or
31 (B) to the general public by conspicuous posting on or around
32 the property in areas where a person could observe the order
33 when the property has been designated by a municipality or
34 county enforcement authority to be a vacant property, an
35 abandoned property, or an abandoned structure (as defined in
36 IC 36-7-36-1);
37 commits institutional criminal mischief, a Class A misdemeanor.
38 However, the offense is a Level 6 felony if the pecuniary loss (or
39 property damage, in the case of an agricultural operation or a scientific
40 research facility) is at least seven hundred fifty dollars ($750) but less
41 than fifty thousand dollars ($50,000), and a Level 5 felony if the
42 pecuniary loss (or property damage, in the case of an agricultural
2024 IN 23—LS 6072/DI 116 3
1 operation or a scientific research facility) is at least fifty thousand
2 dollars ($50,000).
3 (c) A person who recklessly, knowingly, or intentionally damages
4 property:
5 (1) during the dealing or manufacture of or attempted dealing or
6 manufacture of a controlled substance; and
7 (2) by means of a fire or an explosion;
8 commits controlled substances criminal mischief, a Level 6 felony.
9 However, the offense is a Level 5 felony if the offense results in
10 moderate bodily injury to any person other than a defendant.
11 (d) If a person is convicted of an offense under this section that
12 involves the use of graffiti, the court may, in addition to any other
13 penalty, order that the person's driver's license be suspended or
14 invalidated by the bureau of motor vehicles for not more than one (1)
15 year.
16 (e) The court may rescind an order for suspension or invalidation
17 under subsection (d) and allow the person to receive a license or permit
18 before the period of suspension or invalidation ends if the court
19 determines that the person has removed or painted over the graffiti or
20 has made other suitable restitution.
21 (f) For purposes of this section, "pecuniary loss" includes:
22 (1) the total costs incurred in inspecting, cleaning, and
23 decontaminating property contaminated by a pollutant; and
24 (2) a reasonable estimate of all additional costs not already
25 incurred under subdivision (1) that are necessary to inspect, clean,
26 and decontaminate property contaminated by a pollutant, to the
27 extent that the property has not already been:
28 (A) cleaned;
29 (B) decontaminated; or
30 (C) both cleaned and decontaminated.
31 The term includes inspection, cleaning, or decontamination conducted
32 by a person certified under IC 16-19-3.1.
2024 IN 23—LS 6072/DI 116