Introduced Version
SENATE BILL No. 240
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-24-1-1; IC 35-44.1-2; IC 35-46-11.
Synopsis: Public safety. Defines "spinning" as the repeated or
continuous operation of a motor vehicle with the intent of causing the
vehicle to perform a rotational skid, and provides that a person who
recklessly, knowingly, or intentionally engages in spinning commits
reckless spinning, a Class B misdemeanor. Enhances the penalty for
reckless spinning to a Class A misdemeanor if the offense endangers
a person. Makes obstruction of traffic committed in connection with
reckless spinning a Class A misdemeanor, and authorizes the civil
forfeiture of a motor vehicle used to commit: (1) reckless spinning; or
(2) obstruction of traffic in connection with reckless spinning.
Increases the penalty for false informing to a Level 6 felony if it is
committed with the intent of causing a law enforcement officer to be
dispatched.
Effective: July 1, 2024.
Freeman
January 10, 2024, read first time and referred to Committee on Corrections and Criminal
Law.
2024 IN 240—LS 6906/DI 106 Introduced
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. 240
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 34-24-1-1, AS AMENDED BY P.L.185-2023,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 1. (a) The following may be seized:
4 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
5 or are intended for use by the person or persons in possession of
6 them to transport or in any manner to facilitate the transportation
7 of the following:
8 (A) A controlled substance for the purpose of committing,
9 attempting to commit, or conspiring to commit any of the
10 following:
11 (i) Dealing in or manufacturing cocaine or a narcotic drug
12 (IC 35-48-4-1).
13 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
14 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
15 (iv) Dealing in a schedule I, II, or III controlled substance
16 (IC 35-48-4-2).
17 (v) Dealing in a schedule IV controlled substance (IC
2024 IN 240—LS 6906/DI 106 2
1 35-48-4-3).
2 (vi) Dealing in a schedule V controlled substance (IC
3 35-48-4-4).
4 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
5 (viii) Possession of cocaine or a narcotic drug (IC
6 35-48-4-6).
7 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
8 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
9 (xi) Dealing in marijuana, hash oil, hashish, or salvia (IC
10 35-48-4-10).
11 (xii) An offense under IC 35-48-4 involving a synthetic drug
12 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
13 substance (as defined in IC 35-31.5-2-321.5 (before its
14 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
15 repeal on July 1, 2019), a controlled substance analog (as
16 defined in IC 35-48-1-9.3), or a substance represented to be
17 a controlled substance (as described in IC 35-48-4-4.6).
18 (B) Any stolen (IC 35-43-4-2 or IC 35-43-4-2.2) or converted
19 property (IC 35-43-4-3) if the retail or repurchase value of that
20 property is one hundred dollars ($100) or more.
21 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
22 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
23 mass destruction (as defined in IC 35-31.5-2-354) used to
24 commit, used in an attempt to commit, or used in a conspiracy
25 to commit a felony terrorist offense (as defined in
26 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
27 furtherance of an act of terrorism (as defined by
28 IC 35-31.5-2-329).
29 (2) All money, negotiable instruments, securities, weapons,
30 communications devices, or any property used to commit, used in
31 an attempt to commit, or used in a conspiracy to commit a felony
32 terrorist offense (as defined in IC 35-50-2-18) or an offense under
33 IC 35-47 as part of or in furtherance of an act of terrorism or
34 commonly used as consideration for a violation of IC 35-48-4
35 (other than items subject to forfeiture under IC 16-42-20-5 or
36 IC 16-6-8.5-5.1, before its repeal):
37 (A) furnished or intended to be furnished by any person in
38 exchange for an act that is in violation of a criminal statute;
39 (B) used to facilitate any violation of a criminal statute; or
40 (C) traceable as proceeds of the violation of a criminal statute.
41 (3) Any portion of real or personal property purchased with
42 money that is traceable as a proceed of a violation of a criminal
2024 IN 240—LS 6906/DI 106 3
1 statute.
2 (4) A vehicle that is used by a person to:
3 (A) commit, attempt to commit, or conspire to commit;
4 (B) facilitate the commission of; or
5 (C) escape from the commission of;
6 murder (IC 35-42-1-1), dealing in a controlled substance resulting
7 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
8 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
9 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
10 under IC 35-47 as part of or in furtherance of an act of terrorism.
11 (5) Real property owned by a person who uses it to commit any of
12 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
13 felony:
14 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
15 35-48-4-1).
16 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
17 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
18 (D) Dealing in a schedule I, II, or III controlled substance (IC
19 35-48-4-2).
20 (E) Dealing in a schedule IV controlled substance (IC
21 35-48-4-3).
22 (F) Dealing in marijuana, hash oil, hashish, or salvia (IC
23 35-48-4-10).
24 (G) Dealing in a synthetic drug (as defined in
25 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
26 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
27 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
28 2019).
29 (H) Dealing in a controlled substance resulting in death (IC
30 35-42-1-1.5).
31 (6) Equipment and recordings used by a person to commit fraud
32 under IC 35-43-5.
33 (7) Recordings sold, rented, transported, or possessed by a person
34 in violation of IC 24-4-10.
35 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
36 defined by IC 35-45-6-1) that is the object of a corrupt business
37 influence violation (IC 35-45-6-2).
38 (9) Unlawful telecommunications devices (as defined in
39 IC 35-45-13-6) and plans, instructions, or publications used to
40 commit an offense under IC 35-45-13.
41 (10) Any equipment, including computer equipment and cellular
42 telephones, used for or intended for use in preparing,
2024 IN 240—LS 6906/DI 106 4
1 photographing, recording, videotaping, digitizing, printing,
2 copying, or disseminating matter in violation of IC 35-42-4.
3 (11) Destructive devices used, possessed, transported, or sold in
4 violation of IC 35-47.5.
5 (12) Tobacco products that are sold in violation of IC 24-3-5,
6 tobacco products that a person attempts to sell in violation of
7 IC 24-3-5, and other personal property owned and used by a
8 person to facilitate a violation of IC 24-3-5.
9 (13) Property used by a person to commit counterfeiting or
10 forgery in violation of IC 35-43-5-2.
11 (14) After December 31, 2005, if a person is convicted of an
12 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
13 following real or personal property:
14 (A) Property used or intended to be used to commit, facilitate,
15 or promote the commission of the offense.
16 (B) Property constituting, derived from, or traceable to the
17 gross proceeds that the person obtained directly or indirectly
18 as a result of the offense.
19 (15) Except as provided in subsection (e), a vehicle used by a
20 person who operates the vehicle:
21 (A) while intoxicated, in violation of IC 9-30-5-1 through
22 IC 9-30-5-5, if in the previous five (5) years the person has two
23 (2) or more prior unrelated convictions for operating a motor
24 vehicle while intoxicated in violation of IC 9-30-5-1 through
25 IC 9-30-5-5; or
26 (B) on a highway while the person's driving privileges are
27 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
28 if in the previous five (5) years the person has two (2) or more
29 prior unrelated convictions for operating a vehicle while
30 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
31 If a court orders the seizure of a vehicle under this subdivision,
32 the court shall transmit an order to the bureau of motor vehicles
33 recommending that the bureau not permit a vehicle to be
34 registered in the name of the person whose vehicle was seized
35 until the person possesses a current driving license (as defined in
36 IC 9-13-2-41).
37 (16) The following real or personal property:
38 (A) Property used or intended to be used to commit, facilitate,
39 or promote the commission of an offense specified in
40 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
41 IC 30-2-13-38(f).
42 (B) Property constituting, derived from, or traceable to the
2024 IN 240—LS 6906/DI 106 5
1 gross proceeds that a person obtains directly or indirectly as a
2 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
3 IC 30-2-10-9(b), or IC 30-2-13-38(f).
4 (17) Real or personal property, including a vehicle, that is used by
5 a person to:
6 (A) commit, attempt to commit, or conspire to commit;
7 (B) facilitate the commission of; or
8 (C) escape from the commission of;
9 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
10 trafficking) or IC 35-45-4-4 (promoting prostitution).
11 (18) A motor vehicle used by a person to commit:
12 (A) reckless spinning (IC 35-46-11-2); or
13 (B) obstruction of traffic committed in connection with
14 reckless spinning (IC 35-44.1-2-13).
15 (b) A vehicle used by any person as a common or contract carrier in
16 the transaction of business as a common or contract carrier is not
17 subject to seizure under this section, unless it can be proven by a
18 preponderance of the evidence that the owner of the vehicle knowingly
19 permitted the vehicle to be used to engage in conduct that subjects it to
20 seizure under subsection (a).
21 (c) Equipment under subsection (a)(10) may not be seized unless it
22 can be proven by a preponderance of the evidence that the owner of the
23 equipment knowingly permitted the equipment to be used to engage in
24 conduct that subjects it to seizure under subsection (a)(10).
25 (d) Money, negotiable instruments, securities, weapons,
26 communications devices, or any property commonly used as
27 consideration for a violation of IC 35-48-4 found near or on a person
28 who is committing, attempting to commit, or conspiring to commit any
29 of the following offenses shall be admitted into evidence in an action
30 under this chapter as prima facie evidence that the money, negotiable
31 instrument, security, or other thing of value is property that has been
32 used or was to have been used to facilitate the violation of a criminal
33 statute or is the proceeds of the violation of a criminal statute:
34 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
35 death).
36 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
37 narcotic drug).
38 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
39 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
40 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
41 substance).
42 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
2024 IN 240—LS 6906/DI 106 6
1 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
2 as a Level 4 felony.
3 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
4 Level 3, Level 4, or Level 5 felony.
5 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
6 3, Level 4, or Level 5 felony.
7 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
8 salvia) as a Level 5 felony.
9 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
10 in a synthetic drug or synthetic drug lookalike substance) as a
11 Level 5 felony or Level 6 felony (or as a Class C felony or Class
12 D felony under IC 35-48-4-10 before its amendment in 2013).
13 (e) A vehicle operated by a person who is not:
14 (1) an owner of the vehicle; or
15 (2) the spouse of the person who owns the vehicle;
16 is not subject to seizure under subsection (a)(15) unless it can be
17 proven by a preponderance of the evidence that the owner of the
18 vehicle knowingly permitted the vehicle to be used to engage in
19 conduct that subjects it to seizure under subsection (a)(15).
20 SECTION 2. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021,
21 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 3. (a) As used in this section, "consumer product"
23 has the meaning set forth in IC 35-45-8-1.
24 (b) As used in this section, "misconduct" means a violation of a
25 departmental rule or procedure of a law enforcement agency.
26 (c) A person who reports that:
27 (1) the person or another person has placed or intends to place an
28 explosive, a destructive device, or other destructive substance in
29 a building or transportation facility;
30 (2) there has been or there will be tampering with a consumer
31 product introduced into commerce; or
32 (3) there has been or will be placed or introduced a weapon of
33 mass destruction in a building or a place of assembly;
34 knowing the report to be false, commits false reporting, a Level 6
35 felony.
36 (d) A person who:
37 (1) gives:
38 (A) a false report of the commission of a crime; or
39 (B) false information to a law enforcement officer that relates
40 to the commission of a crime;
41 knowing the report or information to be false;
42 (2) gives a false alarm of fire to the fire department of a
2024 IN 240—LS 6906/DI 106 7
1 governmental entity, knowing the alarm to be false;
2 (3) makes a false request for ambulance service to an ambulance
3 service provider, knowing the request to be false;
4 (4) gives a false report concerning a missing child (as defined in
5 IC 10-13-5-4) or missing endangered adult (as defined in
6 IC 12-7-2-131.3) or gives false information to a law enforcement
7 officer or a governmental entity that relates to a missing child or
8 missing endangered adult knowing the report or information to be
9 false;
10 (5) makes a complaint against a law enforcement officer to the
11 state or municipality (as defined in IC 8-1-13-3(b)) that employs
12 the officer:
13 (A) alleging the officer engaged in misconduct while
14 performing the officer's duties; and
15 (B) knowing the complaint to be false;
16 (6) makes a false report of a missing person, knowing the report
17 or information is false;
18 (7) gives a false report of actions, behavior, or conditions
19 concerning:
20 (A) a septic tank soil absorption system under IC 8-1-2-125 or
21 IC 13-26-5-2.5; or
22 (B) a septic tank soil absorption system or constructed wetland
23 septic system under IC 36-9-23-30.1;
24 knowing the report or information to be false; or
25 (8) makes a false report that a person is dangerous (as defined in
26 IC 35-47-14-1) knowing the report or information to be false;
27 commits false informing, a Class B misdemeanor, except as provided
28 in subsection (e).
29 (e) However, The offense described in subsection (d):
30 (1) is a Class A misdemeanor if it substantially hinders any law
31 enforcement process or if it results in harm to another person; and
32 (2) is a Level 6 felony if it is committed with the intent of
33 causing a law enforcement officer to be dispatched.
34 SECTION 3. IC 35-44.1-2-13, AS AMENDED BY P.L.174-2021,
35 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2024]: Sec. 13. (a) Except as provided in subsection (b), a
37 person who, with the intent to obstruct vehicular or pedestrian traffic,
38 obstructs vehicular or pedestrian traffic commits obstruction of traffic,
39 a Class B misdemeanor.
40 (b) The offense described in subsection (a) is:
41 (1) a Class A misdemeanor if the offense:
42 (A) includes the use of a motor vehicle; or
2024 IN 240—LS 6906/DI 106 8
1 (B) is committed in connection with reckless spinning (IC
2 35-46-11-2);
3 (2) a Level 6 felony if:
4 (A) the offense results in serious bodily injury;
5 (B) the person blocks an authorized emergency vehicle (as
6 defined in IC 9-13-2-6) while the vehicle is:
7 (i) responding to an emergency call;
8 (ii) in the pursuit of an actual or suspected violator of the
9 law; or
10 (iii) responding to, but not returning from, a fire alarm;
11 if the vehicle is using visible or audible signals as required by
12 law; or
13 (C) the person obstructs the entryway to a facility that provides
14 emergency medical services; and
15 (3) a Level 5 felony if the offense results in catastrophic bodily
16 injury or death.
17 (c) A person who unreasonably obstructs vehicular or pedestrian
18 traffic commits a Class C infraction.
19 (d) It is a defense to an action under subsection (c) that the
20 obstruction was caused by a vehicle malfunction.
21 SECTION 4. IC 35-46-11 IS ADDED TO THE INDIANA CODE
22 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]:
24 Chapter 11. Spinning
25 Sec. 1. As used in this chapter, "spinning" means the repeated
26 or continuous operation of a motor vehicle with the intent of
27 causing the vehicle to perform a rotational skid.
28 Sec. 2. A person who recklessly, knowingly, or intentionally
29 engages in spinning:
30 (1) on a public highway (as defined by IC 9-25-2-4); and
31 (2) if the public highway is privately owned, without the
32 permission of the owner of the public highway;
33 commits reckless spinning, a Class B misdemeanor. However, the
34 offense is a Class A misdemeanor if the spinning endangers a
35 person.
2024 IN 240—LS 6906/DI 106