*SB0023.1*
January 26, 2024
SENATE BILL No. 23
_____
DIGEST OF SB 23 (Updated January 23, 2024 12:20 pm - DI 106)
Citations Affected: IC 35-31.5; IC 35-43.
Synopsis: Damage to a fire suppression system. Provides that a person
who recklessly, knowingly, or intentionally damages a component of
an automatic building fire suppression system commits criminal
mischief, a Level 6 felony, and increases the penalty to a Level 5 felony
if it is committed in a penal facility or a juvenile facility.
Effective: July 1, 2024.
Becker, Crider, Bohacek, Freeman,
Glick
January 8, 2024, read first time and referred to Committee on Corrections and Criminal
Law.
January 25, 2024, amended, reported favorably — Do Pass.
SB 23—LS 6072/DI 116 January 26, 2024
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 35-31.5-2-178, AS AMENDED BY P.L.13-2013,
2 SECTION 117, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 178. "Juvenile facility", for
4 purposes of IC 35-44.1-3-5 and IC 35-43-1-2, has the meaning set
5 forth in IC 35-44.1-3-5(a). IC 35-44.1-3-5.
6 SECTION 2. IC 35-43-1-2, AS AMENDED BY P.L.79-2023,
7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2024]: Sec. 2. (a) A person who recklessly, knowingly, or
9 intentionally damages or defaces property of another person without
10 the other person's consent commits criminal mischief, a Class B
11 misdemeanor. However, the offense is:
12 (1) a Class A misdemeanor if the pecuniary loss is at least seven
13 hundred fifty dollars ($750) but less than fifty thousand dollars
14 ($50,000); and
15 (2) a Level 6 felony if:
16 (A) the pecuniary loss is at least fifty thousand dollars
17 ($50,000);
SB 23—LS 6072/DI 116 2
1 (B) the damage causes a substantial interruption or impairment
2 of utility service rendered to the public;
3 (C) the damage is to a public record; or
4 (D) the damage is to a law enforcement animal (as defined in
5 IC 35-46-3-4.5); or
6 (E) the damage is to a component of an automatic building
7 fire suppression system; and
8 (3) a Level 5 felony if the damage is to a component of an
9 automatic building fire suppression system that is located in
10 a penal facility or a juvenile facility (as defined in
11 IC 35-44.1-3-5).
12 (b) A person who recklessly, knowingly, or intentionally damages:
13 (1) a structure used for religious worship without the consent of
14 the owner, possessor, or occupant of the property that is damaged;
15 (2) a school or community center without the consent of the
16 owner, possessor, or occupant of the property that is damaged;
17 (3) the property of an agricultural operation (as defined in
18 IC 32-30-6-1) without the consent of the owner, possessor, or
19 occupant of the property that is damaged;
20 (4) the property of a scientific research facility (as defined in
21 IC 35-31.5-2-287) without the consent of, or with consent which
22 was fraudulently obtained from, the owner, possessor, or occupant
23 of the property that is damaged;
24 (5) the grounds:
25 (A) adjacent to; and
26 (B) owned or rented in common with;
27 a structure or facility identified in subdivisions (1) through (4)
28 without the consent of the owner, possessor, or occupant of the
29 property that is damaged;
30 (6) personal property contained in a structure or located at a
31 facility identified in subdivisions (1) through (4) without the
32 consent of the owner, possessor, or occupant of the property that
33 is damaged;
34 (7) property that is vacant real property (as defined in
35 IC 36-7-36-5) or a vacant structure (as defined in IC 36-7-36-6);
36 or
37 (8) property after the person has been denied entry to the property
38 by a court order that was issued:
39 (A) to the person; or
40 (B) to the general public by conspicuous posting on or around
41 the property in areas where a person could observe the order
42 when the property has been designated by a municipality or
SB 23—LS 6072/DI 116 3
1 county enforcement authority to be a vacant property, an
2 abandoned property, or an abandoned structure (as defined in
3 IC 36-7-36-1);
4 commits institutional criminal mischief, a Class A misdemeanor.
5 However, the offense is a Level 6 felony if the pecuniary loss (or
6 property damage, in the case of an agricultural operation or a scientific
7 research facility) is at least seven hundred fifty dollars ($750) but less
8 than fifty thousand dollars ($50,000), and a Level 5 felony if the
9 pecuniary loss (or property damage, in the case of an agricultural
10 operation or a scientific research facility) is at least fifty thousand
11 dollars ($50,000).
12 (c) A person who recklessly, knowingly, or intentionally damages
13 property:
14 (1) during the dealing or manufacture of or attempted dealing or
15 manufacture of a controlled substance; and
16 (2) by means of a fire or an explosion;
17 commits controlled substances criminal mischief, a Level 6 felony.
18 However, the offense is a Level 5 felony if the offense results in
19 moderate bodily injury to any person other than a defendant.
20 (d) If a person is convicted of an offense under this section that
21 involves the use of graffiti, the court may, in addition to any other
22 penalty, order that the person's driver's license be suspended or
23 invalidated by the bureau of motor vehicles for not more than one (1)
24 year.
25 (e) The court may rescind an order for suspension or invalidation
26 under subsection (d) and allow the person to receive a license or permit
27 before the period of suspension or invalidation ends if the court
28 determines that the person has removed or painted over the graffiti or
29 has made other suitable restitution.
30 (f) For purposes of this section, "pecuniary loss" includes:
31 (1) the total costs incurred in inspecting, cleaning, and
32 decontaminating property contaminated by a pollutant; and
33 (2) a reasonable estimate of all additional costs not already
34 incurred under subdivision (1) that are necessary to inspect, clean,
35 and decontaminate property contaminated by a pollutant, to the
36 extent that the property has not already been:
37 (A) cleaned;
38 (B) decontaminated; or
39 (C) both cleaned and decontaminated.
40 The term includes inspection, cleaning, or decontamination conducted
41 by a person certified under IC 16-19-3.1.
SB 23—LS 6072/DI 116 4
COMMITTEE REPORT
Madam President: The Senate Committee on Corrections and
Criminal Law, to which was referred Senate Bill No. 23, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. 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 and IC 35-43-1-2, has the meaning set
forth in IC 35-44.1-3-5(a). IC 35-44.1-3-5.".
Page 1, line 9, strike "and".
Page 2, line 2, delete "system." and insert "system; and
(3) a Level 5 felony if the damage is to a component of an
automatic building fire suppression system that is located in
a penal facility or a juvenile facility (as defined in
IC 35-44.1-3-5).".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 23 as introduced.)
FREEMAN, Chairperson
Committee Vote: Yeas 5, Nays 2.
SB 23—LS 6072/DI 116