*ES0170.1*
February 26, 2024
ENGROSSED
SENATE BILL No. 170
_____
DIGEST OF SB 170 (Updated February 26, 2024 11:00 am - DI 106)
Citations Affected: IC 3-14.
Synopsis: Crimes and election workers. Defines "election worker" and
makes it a Level 6 felony under certain circumstances to: (1) threaten
an election worker; or (2) to obstruct, interfere with, or injure an
election worker.
Effective: Upon passage.
Walker G, Glick, Bohacek, Bassler
(HOUSE SPONSORS — MELTZER, NEGELE, GREENE)
January 8, 2024, read first time and referred to Committee on Elections.
January 23, 2024, reassigned to Committee on Corrections and Criminal Law pursuant to
Rule 68(b).
January 30, 2024, amended, reported favorably — Do Pass.
February 1, 2024, read second time, amended, ordered engrossed.
February 2, 2024, engrossed.
February 5, 2024, read third time, passed. Yeas 45, nays 3. Title amendment.
February 6, 2024, re-engrossed.
HOUSE ACTION
February 12, 2024, read first time and referred to Committee on Courts and Criminal Code.
February 26, 2024, amended, reported — Do Pass.
ES 170—LS 6597/DI 149 February 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.
ENGROSSED
SENATE BILL No. 170
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 3-14-3-4, AS AMENDED BY P.L.158-2013,
2 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 4. (a) This section does not apply to an
4 offense that occurs at a health facility (as defined in
5 IC 16-18-2-167).
6 (b) For purposes of this section, "election worker" means an
7 individual who serves as:
8 (1) a precinct election officer, including an individual who
9 serves as a precinct election officer at a vote center using a
10 different title under IC 3-6-6-5.5;
11 (2) a member of a county election board;
12 (3) a member of a county board of elections and registration;
13 (4) a member of a board of registration established under
14 IC 3-7-12;
15 (5) a circuit court clerk;
16 (6) an employee of the office of a circuit court clerk;
17 (7) a member of a town election board;
ES 170—LS 6597/DI 149 2
1 (8) an individual who serves under IC 3-6-6-39;
2 (9) a challenger or pollbook holder under IC 3-6-7;
3 (10) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10; or
4 (11) an individual appointed under IC 3-11.5-4:
5 (A) to an absentee voter board;
6 (B) as an absentee ballot counter; or
7 (C) as a courier.
8 (a) (c) A person who, with the intent to obstruct or interfere with
9 an election worker or a voter in the chute, (1) knowingly or
10 intentionally:
11 (1) obstructs or interferes with:
12 (A) an election officer worker in the discharge of the officer's
13 election worker's duty; or
14 (2) (B) knowingly obstructs or interferes with a voter within
15 the chute; and
16 (2) engages in the obstruction or interference on:
17 (A) election day; or
18 (B) a day on which voting is permitted to occur before an
19 absentee voter board;
20 commits a Level 6 felony.
21 (b) (d) A person who knowingly or intentionally injures an election
22 officer worker or a voter:
23 (1) in the exercise of the officer's election worker's or voter's
24 rights or duties; or
25 (2) because the officer election worker or voter has exercised the
26 officer's election worker's or voter's rights or duties;
27 commits a Level 6 felony.
28 (c) (e) A person called as a witness to testify against another for a
29 violation of this section is a competent witness to prove the offense
30 even though the person may have been a party to the violation. The
31 person shall be compelled to testify as other witnesses. However, the
32 person's evidence may not be used against the person in a prosecution
33 growing out of matters about which the person testifies, and the person
34 is not liable to indictment or information for the offense.
35 SECTION 2. IC 3-14-3-18, AS AMENDED BY P.L.158-2013,
36 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 UPON PASSAGE]: Sec. 18. (a) As used in this section, "candidate"
38 includes an individual whom the person knows is considering
39 becoming a candidate.
40 (b) As used in this section, "election worker" has the meaning
41 set forth in section 4(b) of this chapter.
42 (b) (c) A person who, for the purpose of influencing a voter or
ES 170—LS 6597/DI 149 3
1 candidate, does any of the following commits a Level 6 felony:
2 (1) Seeks to enforce the payment of a debt by force or threat of
3 force.
4 (2) Ejects or threatens to eject the voter or candidate from a house
5 the voter or candidate occupies.
6 (3) Begins a criminal prosecution.
7 (4) Damages the business or trade of the voter or candidate.
8 (5) Communicates a threat to commit a forcible felony (as defined
9 in IC 35-31.5-2-138) against a voter or candidate with the intent
10 that the voter or candidate:
11 (A) engage in conduct against the voter's or candidate's will;
12 or
13 (B) be placed in fear of retaliation for a prior lawful act as a
14 voter or candidate.
15 (d) This subsection does not apply to an offense that occurs at a
16 health facility (as defined in IC 16-18-2-167). A person who
17 communicates a threat (as defined in IC 35-45-2-1) to an election
18 worker with the intent that the election worker:
19 (1) engage in conduct against the election worker's will; or
20 (2) be placed in fear of retaliation for a prior lawful act
21 relating to an election;
22 commits threatening an election worker, a Level 6 felony.
23 SECTION 3. An emergency is declared for this act.
ES 170—LS 6597/DI 149 4
REPORT OF THE PRESIDENT
PRO TEMPORE
Madam President: Pursuant to Senate Rule 68(b), I hereby report
that Senate Bill 170, currently assigned to the Committee on Elections,
be reassigned to the Committee on Corrections and Criminal Law.
BRAY
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Corrections and
Criminal Law, to which was referred Senate Bill No. 170, 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 2, delete lines 16 through 42.
Delete page 3.
Page 4, delete lines 1 through 2.
Page 4, line 5, delete "who:" and insert "who, with the intent to
obstruct or interfere with an election worker or a voter in the
chute:".
Page 4, line 6, after "knowingly" insert "or intentionally".
Page 4, line 9, after "knowingly" insert "or intentionally".
Page 4, line 12, after "knowingly" insert "or intentionally".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 170 as introduced.)
FREEMAN, Chairperson
Committee Vote: Yeas 7, Nays 0.
ES 170—LS 6597/DI 149 5
SENATE MOTION
Madam President: I move that Senate Bill 170 be amended to read
as follows:
Page 2, delete lines 41 through 42, begin a new paragraph and
insert:
"SECTION 3. IC 3-14-3-18, AS AMENDED BY P.L.158-2013,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 18. (a) As used in this section, "candidate"
includes an individual whom the person knows is considering
becoming a candidate.
(b) A person who, for the purpose of influencing a voter or
candidate, does any of the following commits a Level 6 felony:
(1) Seeks to enforce the payment of a debt by force or threat of
force.
(2) Ejects or threatens to eject the voter or candidate from a house
the voter or candidate occupies.
(3) Begins a criminal prosecution.
(4) Damages the business or trade of the voter or candidate.
(5) Communicates a threat to commit a forcible felony (as defined
in IC 35-31.5-2-138) against a voter or candidate with the intent
that the voter or candidate:
(A) engage in conduct against the voter's or candidate's will;
or
(B) be placed in fear of retaliation for a prior lawful act as a
voter or candidate.
(c) A person who communicates a threat (as defined in
IC 35-45-2-1) to an election worker with the intent that the election
worker:
(1) engage in conduct against the election worker's will; or
(2) be placed in fear of retaliation for a prior lawful act
relating to an election;
commits threatening an election worker, a Level 6 felony.".
Page 3, delete lines 1 through 22.
Renumber all SECTIONS consecutively.
(Reference is to SB 170 as printed January 31, 2024.)
POL JR.
ES 170—LS 6597/DI 149 6
SENATE MOTION
Madam President: I move that the Title of Engrossed Senate Bill
170 be amended from "A BILL FOR AN ACT to amend the Indiana
Code concerning elections" to "A BILL FOR AN ACT to amend the
Indiana Code concerning criminal law and procedure"
WALKER G
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred Senate Bill 170, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, delete lines 1 through 17.
Page 2, delete lines 1 through 40, begin a new paragraph and insert:
"SECTION 1. IC 3-14-3-4, AS AMENDED BY P.L.158-2013,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) This section does not apply to an
offense that occurs at a health facility (as defined in
IC 16-18-2-167).
(b) For purposes of this section, "election worker" means an
individual who serves as:
(1) a precinct election officer, including an individual who
serves as a precinct election officer at a vote center using a
different title under IC 3-6-6-5.5;
(2) a member of a county election board;
(3) a member of a county board of elections and registration;
(4) a member of a board of registration established under
IC 3-7-12;
(5) a circuit court clerk;
(6) an employee of the office of a circuit court clerk;
(7) a member of a town election board;
(8) an individual who serves under IC 3-6-6-39;
(9) a challenger or pollbook holder under IC 3-6-7;
(10) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10; or
(11) an individual appointed under IC 3-11.5-4:
(A) to an absentee voter board;
(B) as an absentee ballot counter; or
(C) as a courier.
(a) (c) A person who, with the intent to obstruct or interfere with
ES 170—LS 6597/DI 149 7
an election worker or a voter in the chute, (1) knowingly or
intentionally:
(1) obstructs or interferes with:
(A) an election officer worker in the discharge of the officer's
election worker's duty; or
(2) (B) knowingly obstructs or interferes with a voter within
the chute; and
(2) engages in the obstruction or interference on:
(A) election day; or
(B) a day on which voting is permitted to occur before an
absentee voter board;
commits a Level 6 felony.
(b) (d) A person who knowingly or intentionally injures an election
officer worker or a voter:
(1) in the exercise of the officer's election worker's or voter's
rights or duties; or
(2) because the officer election worker or voter has exercised the
officer's election worker's or voter's rights or duties;
commits a Level 6 felony.
(c) (e) A person called as a witness to testify against another for a
violation of this section is a competent witness to prove the offense
even though the person may have been a party to the violation. The
person shall be compelled to testify as other witnesses. However, the
person's evidence may not be used against the person in a prosecution
growing out of matters about which the person testifies, and the person
is not liable to indictment or information for the offense.".
Page 3, between lines 3 and 4, begin a new paragraph and insert:
"(b) As used in this section, "election worker" has the meaning
set forth in section 4(b) of this chapter.".
Page 3, line 4, strike "(b)" and insert "(c)".
Page 3, line 19, delete "(c)" and insert "(d) This subsection does
not apply to an offense that occurs at a health facility (as defined
in IC 16-18-2-167).".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 170 as printed February 6, 2024.)
MCNAMARA
Committee Vote: yeas 11, nays 0.
ES 170—LS 6597/DI 149