IN
Indiana Senate Bill SB0023

Indiana 2024 Regular Session

Indiana Senate Bill SB0023 Compare Versions

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1+*ES0023.1*
2+February 22, 2024
3+ENGROSSED
4+SENATE BILL No. 23
5+_____
6+DIGEST OF SB 23 (Updated February 21, 2024 12:25 pm - DI 106)
7+Citations Affected: IC 35-43.
8+Synopsis: Damage to a penal facility. Makes damaging a penal facility
9+or a fixture or equipment in a penal facility a Level 6 felony.
10+Effective: July 1, 2024.
11+Becker, Crider, Bohacek, Freeman,
12+Glick
13+(HOUSE SPONSORS — GORE, LEDBETTER, NEGELE, MCNAMARA)
14+January 8, 2024, read first time and referred to Committee on Corrections and Criminal
15+Law.
16+January 25, 2024, amended, reported favorably — Do Pass.
17+January 29, 2024, read second time, ordered engrossed. Engrossed.
18+January 30, 2024, read third time, passed. Yeas 47, nays 2.
19+HOUSE ACTION
20+February 6, 2024, read first time and referred to Committee on Courts and Criminal Code.
21+February 22, 2024, amended, reported — Do Pass.
22+ES 23—LS 6072/DI 116 February 22, 2024
123 Second Regular Session of the 123rd General Assembly (2024)
224 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
325 Constitution) is being amended, the text of the existing provision will appear in this style type,
426 additions will appear in this style type, and deletions will appear in this style type.
527 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
628 provision adopted), the text of the new provision will appear in this style type. Also, the
729 word NEW will appear in that style type in the introductory clause of each SECTION that adds
830 a new provision to the Indiana Code or the Indiana Constitution.
931 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1032 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 23
12-AN ACT to amend the Indiana Code concerning criminal law and
13-procedure.
33+ENGROSSED
34+SENATE BILL No. 23
35+A BILL FOR AN ACT to amend the Indiana Code concerning
36+criminal law and procedure.
1437 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 35-43-1-2, AS AMENDED BY P.L.79-2023,
16-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2024]: Sec. 2. (a) A person who recklessly, knowingly, or
18-intentionally damages or defaces property of another person without
19-the other person's consent commits criminal mischief, a Class B
20-misdemeanor. However, the offense is:
21-(1) a Class A misdemeanor if the pecuniary loss is at least seven
22-hundred fifty dollars ($750) but less than fifty thousand dollars
23-($50,000); and
24-(2) a Level 6 felony if:
25-(A) the pecuniary loss is at least fifty thousand dollars
26-($50,000);
27-(B) the damage causes a substantial interruption or impairment
28-of utility service rendered to the public;
29-(C) the damage is to a public record; or
30-(D) the damage is to a law enforcement animal (as defined in
31-IC 35-46-3-4.5); or
32-(E) the damage is to a component of an automatic building
33-fire suppression system that is located in a penal facility.
34-(b) A person who recklessly, knowingly, or intentionally damages:
35-(1) a structure used for religious worship without the consent of
36-SEA 23 — CC 1 2
37-the owner, possessor, or occupant of the property that is damaged;
38-(2) a school or community center without the consent of the
39-owner, possessor, or occupant of the property that is damaged;
40-(3) the property of an agricultural operation (as defined in
41-IC 32-30-6-1) without the consent of the owner, possessor, or
42-occupant of the property that is damaged;
43-(4) the property of a scientific research facility (as defined in
44-IC 35-31.5-2-287) without the consent of, or with consent which
45-was fraudulently obtained from, the owner, possessor, or occupant
46-of the property that is damaged;
47-(5) the grounds:
48-(A) adjacent to; and
49-(B) owned or rented in common with;
50-a structure or facility identified in subdivisions (1) through (4)
51-without the consent of the owner, possessor, or occupant of the
52-property that is damaged;
53-(6) personal property contained in a structure or located at a
54-facility identified in subdivisions (1) through (4) without the
55-consent of the owner, possessor, or occupant of the property that
56-is damaged;
57-(7) property that is vacant real property (as defined in
58-IC 36-7-36-5) or a vacant structure (as defined in IC 36-7-36-6);
59-or
60-(8) property after the person has been denied entry to the property
61-by a court order that was issued:
62-(A) to the person; or
63-(B) to the general public by conspicuous posting on or around
64-the property in areas where a person could observe the order
65-when the property has been designated by a municipality or
66-county enforcement authority to be a vacant property, an
67-abandoned property, or an abandoned structure (as defined in
68-IC 36-7-36-1);
69-commits institutional criminal mischief, a Class A misdemeanor.
70-However, the offense is a Level 6 felony if the pecuniary loss (or
71-property damage, in the case of an agricultural operation or a scientific
72-research facility) is at least seven hundred fifty dollars ($750) but less
73-than fifty thousand dollars ($50,000), and a Level 5 felony if the
74-pecuniary loss (or property damage, in the case of an agricultural
75-operation or a scientific research facility) is at least fifty thousand
76-dollars ($50,000).
77-(c) A person who recklessly, knowingly, or intentionally damages
78-property:
79-SEA 23 — CC 1 3
80-(1) during the dealing or manufacture of or attempted dealing or
81-manufacture of a controlled substance; and
82-(2) by means of a fire or an explosion;
83-commits controlled substances criminal mischief, a Level 6 felony.
84-However, the offense is a Level 5 felony if the offense results in
85-moderate bodily injury to any person other than a defendant.
86-(d) If a person is convicted of an offense under this section that
87-involves the use of graffiti, the court may, in addition to any other
88-penalty, order that the person's driver's license be suspended or
89-invalidated by the bureau of motor vehicles for not more than one (1)
90-year.
91-(e) The court may rescind an order for suspension or invalidation
92-under subsection (d) and allow the person to receive a license or permit
93-before the period of suspension or invalidation ends if the court
94-determines that the person has removed or painted over the graffiti or
95-has made other suitable restitution.
96-(f) For purposes of this section, "pecuniary loss" includes:
97-(1) the total costs incurred in inspecting, cleaning, and
98-decontaminating property contaminated by a pollutant; and
99-(2) a reasonable estimate of all additional costs not already
100-incurred under subdivision (1) that are necessary to inspect, clean,
101-and decontaminate property contaminated by a pollutant, to the
102-extent that the property has not already been:
103-(A) cleaned;
104-(B) decontaminated; or
105-(C) both cleaned and decontaminated.
106-The term includes inspection, cleaning, or decontamination conducted
107-by a person certified under IC 16-19-3.1.
108-SEA 23 — CC 1 President of the Senate
109-President Pro Tempore
110-Speaker of the House of Representatives
111-Governor of the State of Indiana
112-Date: Time:
113-SEA 23 — CC 1
38+1 SECTION 1. IC 35-43-1-2, AS AMENDED BY P.L.79-2023,
39+2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40+3 JULY 1, 2024]: Sec. 2. (a) A person who recklessly, knowingly, or
41+4 intentionally damages or defaces property of another person without
42+5 the other person's consent commits criminal mischief, a Class B
43+6 misdemeanor. However, the offense is:
44+7 (1) a Class A misdemeanor if the pecuniary loss is at least seven
45+8 hundred fifty dollars ($750) but less than fifty thousand dollars
46+9 ($50,000); and
47+10 (2) a Level 6 felony if:
48+11 (A) the pecuniary loss is at least fifty thousand dollars
49+12 ($50,000);
50+13 (B) the damage causes a substantial interruption or impairment
51+14 of utility service rendered to the public;
52+15 (C) the damage is to a public record; or
53+16 (D) the damage is to a law enforcement animal (as defined in
54+17 IC 35-46-3-4.5); or
55+ES 23—LS 6072/DI 116 2
56+1 (E) the damage is to a penal facility, to a fixture of the
57+2 penal facility, or to equipment in the penal facility.
58+3 (b) A person who recklessly, knowingly, or intentionally damages:
59+4 (1) a structure used for religious worship without the consent of
60+5 the owner, possessor, or occupant of the property that is damaged;
61+6 (2) a school or community center without the consent of the
62+7 owner, possessor, or occupant of the property that is damaged;
63+8 (3) the property of an agricultural operation (as defined in
64+9 IC 32-30-6-1) without the consent of the owner, possessor, or
65+10 occupant of the property that is damaged;
66+11 (4) the property of a scientific research facility (as defined in
67+12 IC 35-31.5-2-287) without the consent of, or with consent which
68+13 was fraudulently obtained from, the owner, possessor, or occupant
69+14 of the property that is damaged;
70+15 (5) the grounds:
71+16 (A) adjacent to; and
72+17 (B) owned or rented in common with;
73+18 a structure or facility identified in subdivisions (1) through (4)
74+19 without the consent of the owner, possessor, or occupant of the
75+20 property that is damaged;
76+21 (6) personal property contained in a structure or located at a
77+22 facility identified in subdivisions (1) through (4) without the
78+23 consent of the owner, possessor, or occupant of the property that
79+24 is damaged;
80+25 (7) property that is vacant real property (as defined in
81+26 IC 36-7-36-5) or a vacant structure (as defined in IC 36-7-36-6);
82+27 or
83+28 (8) property after the person has been denied entry to the property
84+29 by a court order that was issued:
85+30 (A) to the person; or
86+31 (B) to the general public by conspicuous posting on or around
87+32 the property in areas where a person could observe the order
88+33 when the property has been designated by a municipality or
89+34 county enforcement authority to be a vacant property, an
90+35 abandoned property, or an abandoned structure (as defined in
91+36 IC 36-7-36-1);
92+37 commits institutional criminal mischief, a Class A misdemeanor.
93+38 However, the offense is a Level 6 felony if the pecuniary loss (or
94+39 property damage, in the case of an agricultural operation or a scientific
95+40 research facility) is at least seven hundred fifty dollars ($750) but less
96+41 than fifty thousand dollars ($50,000), and a Level 5 felony if the
97+42 pecuniary loss (or property damage, in the case of an agricultural
98+ES 23—LS 6072/DI 116 3
99+1 operation or a scientific research facility) is at least fifty thousand
100+2 dollars ($50,000).
101+3 (c) A person who recklessly, knowingly, or intentionally damages
102+4 property:
103+5 (1) during the dealing or manufacture of or attempted dealing or
104+6 manufacture of a controlled substance; and
105+7 (2) by means of a fire or an explosion;
106+8 commits controlled substances criminal mischief, a Level 6 felony.
107+9 However, the offense is a Level 5 felony if the offense results in
108+10 moderate bodily injury to any person other than a defendant.
109+11 (d) If a person is convicted of an offense under this section that
110+12 involves the use of graffiti, the court may, in addition to any other
111+13 penalty, order that the person's driver's license be suspended or
112+14 invalidated by the bureau of motor vehicles for not more than one (1)
113+15 year.
114+16 (e) The court may rescind an order for suspension or invalidation
115+17 under subsection (d) and allow the person to receive a license or permit
116+18 before the period of suspension or invalidation ends if the court
117+19 determines that the person has removed or painted over the graffiti or
118+20 has made other suitable restitution.
119+21 (f) For purposes of this section, "pecuniary loss" includes:
120+22 (1) the total costs incurred in inspecting, cleaning, and
121+23 decontaminating property contaminated by a pollutant; and
122+24 (2) a reasonable estimate of all additional costs not already
123+25 incurred under subdivision (1) that are necessary to inspect, clean,
124+26 and decontaminate property contaminated by a pollutant, to the
125+27 extent that the property has not already been:
126+28 (A) cleaned;
127+29 (B) decontaminated; or
128+30 (C) both cleaned and decontaminated.
129+31 The term includes inspection, cleaning, or decontamination conducted
130+32 by a person certified under IC 16-19-3.1.
131+ES 23—LS 6072/DI 116 4
132+COMMITTEE REPORT
133+Madam President: The Senate Committee on Corrections and
134+Criminal Law, to which was referred Senate Bill No. 23, has had the
135+same under consideration and begs leave to report the same back to the
136+Senate with the recommendation that said bill be AMENDED as
137+follows:
138+Page 1, between the enacting clause and line 1, begin a new
139+paragraph and insert:
140+"SECTION 1. IC 35-31.5-2-178, AS AMENDED BY P.L.13-2013,
141+SECTION 117, IS AMENDED TO READ AS FOLLOWS
142+[EFFECTIVE JULY 1, 2024]: Sec. 178. "Juvenile facility", for
143+purposes of IC 35-44.1-3-5 and IC 35-43-1-2, has the meaning set
144+forth in IC 35-44.1-3-5(a). IC 35-44.1-3-5.".
145+Page 1, line 9, strike "and".
146+Page 2, line 2, delete "system." and insert "system; and
147+(3) a Level 5 felony if the damage is to a component of an
148+automatic building fire suppression system that is located in
149+a penal facility or a juvenile facility (as defined in
150+IC 35-44.1-3-5).".
151+Renumber all SECTIONS consecutively.
152+and when so amended that said bill do pass.
153+(Reference is to SB 23 as introduced.)
154+FREEMAN, Chairperson
155+Committee Vote: Yeas 5, Nays 2.
156+_____
157+COMMITTEE REPORT
158+Mr. Speaker: Your Committee on Courts and Criminal Code, to
159+which was referred Senate Bill 23, has had the same under
160+consideration and begs leave to report the same back to the House with
161+the recommendation that said bill be amended as follows:
162+Delete everything after the enacting clause and insert the following:
163+(SEE TEXT OF BILL)
164+and when so amended that said bill do pass.
165+ES 23—LS 6072/DI 116 5
166+(Reference is to SB 23 as printed January 26, 2024.)
167+MCNAMARA
168+Committee Vote: yeas 12, nays 0.
169+ES 23—LS 6072/DI 116