Indiana 2024 Regular Session

Indiana Senate Bill SB0170 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0170.1
	2	+	February 26, 2024
	3	+	ENGROSSED
	4	+	SENATE BILL No. 170
	5	+	_____
	6	+	DIGEST OF SB 170 (Updated February 26, 2024 11:00 am - DI 106)
	7	+	Citations Affected: IC 3-14.
	8	+	Synopsis: Crimes and election workers. Defines "election worker" and
	9	+	makes it a Level 6 felony under certain circumstances to: (1) threaten
	10	+	an election worker; or (2) to obstruct, interfere with, or injure an
	11	+	election worker.
	12	+	Effective: Upon passage.
	13	+	Walker G, Glick, Bohacek, Bassler
	14	+	(HOUSE SPONSORS — MELTZER, NEGELE, GREENE)
	15	+	January 8, 2024, read first time and referred to Committee on Elections.
	16	+	January 23, 2024, reassigned to Committee on Corrections and Criminal Law pursuant to
	17	+	Rule 68(b).
	18	+	January 30, 2024, amended, reported favorably — Do Pass.
	19	+	February 1, 2024, read second time, amended, ordered engrossed.
	20	+	February 2, 2024, engrossed.
	21	+	February 5, 2024, read third time, passed. Yeas 45, nays 3. Title amendment.
	22	+	February 6, 2024, re-engrossed.
	23	+	HOUSE ACTION
	24	+	February 12, 2024, read first time and referred to Committee on Courts and Criminal Code.
	25	+	February 26, 2024, amended, reported — Do Pass.
	26	+	ES 170—LS 6597/DI 149 February 26, 2024
1	27		Second Regular Session of the 123rd General Assembly (2024)
2	28		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	29		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	30		additions will appear in this style type, and deletions will appear in this style type.
5	31		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	32		provision adopted), the text of the new provision will appear in this style type. Also, the
7	33		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	34		a new provision to the Indiana Code or the Indiana Constitution.
9	35		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	36		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 170
12		-	AN ACT to amend the Indiana Code concerning criminal law and
13		-	procedure.
	37	+	ENGROSSED
	38	+	SENATE BILL No. 170
	39	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	40	+	criminal law and procedure.
14	41		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 3-14-3-4, AS AMENDED BY P.L.158-2013,
	42	+	1 SECTION 1. IC 3-14-3-4, AS AMENDED BY P.L.158-2013,
	43	+	2 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	44	+	3 UPON PASSAGE]: Sec. 4. (a) This section does not apply to an
	45	+	4 offense that occurs at a health facility (as defined in
	46	+	5 IC 16-18-2-167).
	47	+	6 (b) For purposes of this section, "election worker" means an
	48	+	7 individual who serves as:
	49	+	8 (1) a precinct election officer, including an individual who
	50	+	9 serves as a precinct election officer at a vote center using a
	51	+	10 different title under IC 3-6-6-5.5;
	52	+	11 (2) a member of a county election board;
	53	+	12 (3) a member of a county board of elections and registration;
	54	+	13 (4) a member of a board of registration established under
	55	+	14 IC 3-7-12;
	56	+	15 (5) a circuit court clerk;
	57	+	16 (6) an employee of the office of a circuit court clerk;
	58	+	17 (7) a member of a town election board;
	59	+	ES 170—LS 6597/DI 149 2
	60	+	1 (8) an individual who serves under IC 3-6-6-39;
	61	+	2 (9) a challenger or pollbook holder under IC 3-6-7;
	62	+	3 (10) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10; or
	63	+	4 (11) an individual appointed under IC 3-11.5-4:
	64	+	5 (A) to an absentee voter board;
	65	+	6 (B) as an absentee ballot counter; or
	66	+	7 (C) as a courier.
	67	+	8 (a) (c) A person who, with the intent to obstruct or interfere with
	68	+	9 an election worker or a voter in the chute, (1) knowingly or
	69	+	10 intentionally:
	70	+	11 (1) obstructs or interferes with:
	71	+	12 (A) an election officer worker in the discharge of the officer's
	72	+	13 election worker's duty; or
	73	+	14 (2) (B) knowingly obstructs or interferes with a voter within
	74	+	15 the chute; and
	75	+	16 (2) engages in the obstruction or interference on:
	76	+	17 (A) election day; or
	77	+	18 (B) a day on which voting is permitted to occur before an
	78	+	19 absentee voter board;
	79	+	20 commits a Level 6 felony.
	80	+	21 (b) (d) A person who knowingly or intentionally injures an election
	81	+	22 officer worker or a voter:
	82	+	23 (1) in the exercise of the officer's election worker's or voter's
	83	+	24 rights or duties; or
	84	+	25 (2) because the officer election worker or voter has exercised the
	85	+	26 officer's election worker's or voter's rights or duties;
	86	+	27 commits a Level 6 felony.
	87	+	28 (c) (e) A person called as a witness to testify against another for a
	88	+	29 violation of this section is a competent witness to prove the offense
	89	+	30 even though the person may have been a party to the violation. The
	90	+	31 person shall be compelled to testify as other witnesses. However, the
	91	+	32 person's evidence may not be used against the person in a prosecution
	92	+	33 growing out of matters about which the person testifies, and the person
	93	+	34 is not liable to indictment or information for the offense.
	94	+	35 SECTION 2. IC 3-14-3-18, AS AMENDED BY P.L.158-2013,
	95	+	36 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	96	+	37 UPON PASSAGE]: Sec. 18. (a) As used in this section, "candidate"
	97	+	38 includes an individual whom the person knows is considering
	98	+	39 becoming a candidate.
	99	+	40 (b) As used in this section, "election worker" has the meaning
	100	+	41 set forth in section 4(b) of this chapter.
	101	+	42 (b) (c) A person who, for the purpose of influencing a voter or
	102	+	ES 170—LS 6597/DI 149 3
	103	+	1 candidate, does any of the following commits a Level 6 felony:
	104	+	2 (1) Seeks to enforce the payment of a debt by force or threat of
	105	+	3 force.
	106	+	4 (2) Ejects or threatens to eject the voter or candidate from a house
	107	+	5 the voter or candidate occupies.
	108	+	6 (3) Begins a criminal prosecution.
	109	+	7 (4) Damages the business or trade of the voter or candidate.
	110	+	8 (5) Communicates a threat to commit a forcible felony (as defined
	111	+	9 in IC 35-31.5-2-138) against a voter or candidate with the intent
	112	+	10 that the voter or candidate:
	113	+	11 (A) engage in conduct against the voter's or candidate's will;
	114	+	12 or
	115	+	13 (B) be placed in fear of retaliation for a prior lawful act as a
	116	+	14 voter or candidate.
	117	+	15 (d) This subsection does not apply to an offense that occurs at a
	118	+	16 health facility (as defined in IC 16-18-2-167). A person who
	119	+	17 communicates a threat (as defined in IC 35-45-2-1) to an election
	120	+	18 worker with the intent that the election worker:
	121	+	19 (1) engage in conduct against the election worker's will; or
	122	+	20 (2) be placed in fear of retaliation for a prior lawful act
	123	+	21 relating to an election;
	124	+	22 commits threatening an election worker, a Level 6 felony.
	125	+	23 SECTION 3. An emergency is declared for this act.
	126	+	ES 170—LS 6597/DI 149 4
	127	+	REPORT OF THE PRESIDENT
	128	+	PRO TEMPORE
	129	+	Madam President: Pursuant to Senate Rule 68(b), I hereby report
	130	+	that Senate Bill 170, currently assigned to the Committee on Elections,
	131	+	be reassigned to the Committee on Corrections and Criminal Law.
	132	+	BRAY
	133	+	_____
	134	+	COMMITTEE REPORT
	135	+	Madam President: The Senate Committee on Corrections and
	136	+	Criminal Law, to which was referred Senate Bill No. 170, has had the
	137	+	same under consideration and begs leave to report the same back to the
	138	+	Senate with the recommendation that said bill be AMENDED as
	139	+	follows:
	140	+	Page 2, delete lines 16 through 42.
	141	+	Delete page 3.
	142	+	Page 4, delete lines 1 through 2.
	143	+	Page 4, line 5, delete "who:" and insert "who, with the intent to
	144	+	obstruct or interfere with an election worker or a voter in the
	145	+	chute:".
	146	+	Page 4, line 6, after "knowingly" insert "or intentionally".
	147	+	Page 4, line 9, after "knowingly" insert "or intentionally".
	148	+	Page 4, line 12, after "knowingly" insert "or intentionally".
	149	+	Renumber all SECTIONS consecutively.
	150	+	and when so amended that said bill do pass.
	151	+	(Reference is to SB 170 as introduced.)
	152	+	FREEMAN, Chairperson
	153	+	Committee Vote: Yeas 7, Nays 0.
	154	+	ES 170—LS 6597/DI 149 5
	155	+	SENATE MOTION
	156	+	Madam President: I move that Senate Bill 170 be amended to read
	157	+	as follows:
	158	+	Page 2, delete lines 41 through 42, begin a new paragraph and
	159	+	insert:
	160	+	"SECTION 3. IC 3-14-3-18, AS AMENDED BY P.L.158-2013,
	161	+	SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	162	+	UPON PASSAGE]: Sec. 18. (a) As used in this section, "candidate"
	163	+	includes an individual whom the person knows is considering
	164	+	becoming a candidate.
	165	+	(b) A person who, for the purpose of influencing a voter or
	166	+	candidate, does any of the following commits a Level 6 felony:
	167	+	(1) Seeks to enforce the payment of a debt by force or threat of
	168	+	force.
	169	+	(2) Ejects or threatens to eject the voter or candidate from a house
	170	+	the voter or candidate occupies.
	171	+	(3) Begins a criminal prosecution.
	172	+	(4) Damages the business or trade of the voter or candidate.
	173	+	(5) Communicates a threat to commit a forcible felony (as defined
	174	+	in IC 35-31.5-2-138) against a voter or candidate with the intent
	175	+	that the voter or candidate:
	176	+	(A) engage in conduct against the voter's or candidate's will;
	177	+	or
	178	+	(B) be placed in fear of retaliation for a prior lawful act as a
	179	+	voter or candidate.
	180	+	(c) A person who communicates a threat (as defined in
	181	+	IC 35-45-2-1) to an election worker with the intent that the election
	182	+	worker:
	183	+	(1) engage in conduct against the election worker's will; or
	184	+	(2) be placed in fear of retaliation for a prior lawful act
	185	+	relating to an election;
	186	+	commits threatening an election worker, a Level 6 felony.".
	187	+	Page 3, delete lines 1 through 22.
	188	+	Renumber all SECTIONS consecutively.
	189	+	(Reference is to SB 170 as printed January 31, 2024.)
	190	+	POL JR.
	191	+	ES 170—LS 6597/DI 149 6
	192	+	SENATE MOTION
	193	+	Madam President: I move that the Title of Engrossed Senate Bill
	194	+	170 be amended from "A BILL FOR AN ACT to amend the Indiana
	195	+	Code concerning elections" to "A BILL FOR AN ACT to amend the
	196	+	Indiana Code concerning criminal law and procedure"
	197	+	WALKER G
	198	+	_____
	199	+	COMMITTEE REPORT
	200	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	201	+	which was referred Senate Bill 170, has had the same under
	202	+	consideration and begs leave to report the same back to the House with
	203	+	the recommendation that said bill be amended as follows:
	204	+	Page 1, delete lines 1 through 17.
	205	+	Page 2, delete lines 1 through 40, begin a new paragraph and insert:
	206	+	"SECTION 1. IC 3-14-3-4, AS AMENDED BY P.L.158-2013,
16	207		SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17	208		UPON PASSAGE]: Sec. 4. (a) This section does not apply to an
18	209		offense that occurs at a health facility (as defined in
19	210		IC 16-18-2-167).
20	211		(b) For purposes of this section, "election worker" means an
21	212		individual who serves as:
22	213		(1) a precinct election officer, including an individual who
23	214		serves as a precinct election officer at a vote center using a
24	215		different title under IC 3-6-6-5.5;
25	216		(2) a member of a county election board;
26	217		(3) a member of a county board of elections and registration;
27	218		(4) a member of a board of registration established under
28	219		IC 3-7-12;
29	220		(5) a circuit court clerk;
30	221		(6) an employee of the office of a circuit court clerk;
31	222		(7) a member of a town election board;
32	223		(8) an individual who serves under IC 3-6-6-39;
33	224		(9) a challenger or pollbook holder under IC 3-6-7;
34	225		(10) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10; or
35	226		(11) an individual appointed under IC 3-11.5-4:
36		-	SEA 170 — Concur 2
37	227		(A) to an absentee voter board;
38	228		(B) as an absentee ballot counter; or
39	229		(C) as a courier.
40	230		(a) (c) A person who, with the intent to obstruct or interfere with
	231	+	ES 170—LS 6597/DI 149 7
41	232		an election worker or a voter in the chute, (1) knowingly or
42	233		intentionally:
43	234		(1) obstructs or interferes with:
44	235		(A) an election officer worker in the discharge of the officer's
45	236		election worker's duty; or
46	237		(2) (B) knowingly obstructs or interferes with a voter within
47	238		the chute; and
48	239		(2) engages in the obstruction or interference on:
49	240		(A) election day; or
50	241		(B) a day on which voting is permitted to occur before an
51	242		absentee voter board;
52	243		commits a Level 6 felony.
53	244		(b) (d) A person who knowingly or intentionally injures an election
54	245		officer worker or a voter:
55	246		(1) in the exercise of the officer's election worker's or voter's
56	247		rights or duties; or
57	248		(2) because the officer election worker or voter has exercised the
58	249		officer's election worker's or voter's rights or duties;
59	250		commits a Level 6 felony.
60	251		(c) (e) A person called as a witness to testify against another for a
61	252		violation of this section is a competent witness to prove the offense
62	253		even though the person may have been a party to the violation. The
63	254		person shall be compelled to testify as other witnesses. However, the
64	255		person's evidence may not be used against the person in a prosecution
65	256		growing out of matters about which the person testifies, and the person
66		-	is not liable to indictment or information for the offense.
67		-	SECTION 2. IC 3-14-3-18, AS AMENDED BY P.L.158-2013,
68		-	SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
69		-	UPON PASSAGE]: Sec. 18. (a) As used in this section, "candidate"
70		-	includes an individual whom the person knows is considering
71		-	becoming a candidate.
72		-	(b) As used in this section, "election worker" has the meaning
73		-	set forth in section 4(b) of this chapter.
74		-	(b) (c) A person who, for the purpose of influencing a voter or
75		-	candidate, does any of the following commits a Level 6 felony:
76		-	(1) Seeks to enforce the payment of a debt by force or threat of
77		-	force.
78		-	(2) Ejects or threatens to eject the voter or candidate from a house
79		-	SEA 170 — Concur 3
80		-	the voter or candidate occupies.
81		-	(3) Begins a criminal prosecution.
82		-	(4) Damages the business or trade of the voter or candidate.
83		-	(5) Communicates a threat to commit a forcible felony (as defined
84		-	in IC 35-31.5-2-138) against a voter or candidate with the intent
85		-	that the voter or candidate:
86		-	(A) engage in conduct against the voter's or candidate's will;
87		-	or
88		-	(B) be placed in fear of retaliation for a prior lawful act as a
89		-	voter or candidate.
90		-	(d) This subsection does not apply to an offense that occurs at a
91		-	health facility (as defined in IC 16-18-2-167). A person who
92		-	communicates a threat (as defined in IC 35-45-2-1) to an election
93		-	worker with the intent that the election worker:
94		-	(1) engage in conduct against the election worker's will; or
95		-	(2) be placed in fear of retaliation for a prior lawful act
96		-	relating to an election;
97		-	commits threatening an election worker, a Level 6 felony.
98		-	SECTION 3. An emergency is declared for this act.
99		-	SEA 170 — Concur President of the Senate
100		-	President Pro Tempore
101		-	Speaker of the House of Representatives
102		-	Governor of the State of Indiana
103		-	Date: Time:
104		-	SEA 170 — Concur
	257	+	is not liable to indictment or information for the offense.".
	258	+	Page 3, between lines 3 and 4, begin a new paragraph and insert:
	259	+	"(b) As used in this section, "election worker" has the meaning
	260	+	set forth in section 4(b) of this chapter.".
	261	+	Page 3, line 4, strike "(b)" and insert "(c)".
	262	+	Page 3, line 19, delete "(c)" and insert "(d) This subsection does
	263	+	not apply to an offense that occurs at a health facility (as defined
	264	+	in IC 16-18-2-167).".
	265	+	Renumber all SECTIONS consecutively.
	266	+	and when so amended that said bill do pass.
	267	+	(Reference is to SB 170 as printed February 6, 2024.)
	268	+	MCNAMARA
	269	+	Committee Vote: yeas 11, nays 0.
	270	+	ES 170—LS 6597/DI 149