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.
SENATE ENROLLED ACT No. 170
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 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:
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(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
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.
SECTION 2. 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) As used in this section, "election worker" has the meaning
set forth in section 4(b) of this chapter.
(b) (c) 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
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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.
(d) This subsection does not apply to an offense that occurs at a
health facility (as defined in IC 16-18-2-167). 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.
SECTION 3. An emergency is declared for this act.
SEA 170 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 170 — Concur