Indiana 2025 Regular Session

Indiana House Bill HB1155 Latest Draft

Bill / Comm Sub Version Filed 01/30/2025

                            *HB1155.1*
January 30, 2025
HOUSE BILL No. 1155
_____
DIGEST OF HB 1155 (Updated January 29, 2025 12:00 pm - DI 106)
Citations Affected:  IC 34-24; IC 35-31.5; IC 35-45.
Synopsis:  Signal jamming devices. Provides that a signal jammer may
be seized. Provides that a person who knowingly or intentionally
manufactures, offers for sale, imports, markets, sells, possesses, uses,
or operates a signal jammer commits unlawful use of a signal jammer,
a Level 6 felony.
Effective:  July 1, 2025.
Pierce M, McNamara, Gore, Bartels
January 8, 2025, read first time and referred to Committee on Courts and Criminal Code.
January 30, 2025, amended, reported — Do Pass.
HB 1155—LS 7141/DI 151  January 30, 2025
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1155
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, 2025]: 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
HB 1155—LS 7141/DI 151 2
1 (IC 35-48-4-3).
2 (vi) Dealing in a schedule V controlled substance
3 (IC 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
6 (IC 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
10 (IC 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
HB 1155—LS 7141/DI 151 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
15 (IC 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
19 (IC 35-48-4-2).
20 (E) Dealing in a schedule IV controlled substance
21 (IC 35-48-4-3).
22 (F) Dealing in marijuana, hash oil, hashish, or salvia
23 (IC 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
30 (IC 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,
HB 1155—LS 7141/DI 151 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
HB 1155—LS 7141/DI 151 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 signal jammer (as defined in IC 35-31.5-2-305.5) that
12 is used by a person to commit unlawful use of a signal jammer
13 under IC 35-45-2-6.
14 (b) A vehicle used by any person as a common or contract carrier in
15 the transaction of business as a common or contract carrier is not
16 subject to seizure under this section, unless it can be proven by a
17 preponderance of the evidence that the owner of the vehicle knowingly
18 permitted the vehicle to be used to engage in conduct that subjects it to
19 seizure under subsection (a).
20 (c) Equipment under subsection (a)(10) may not be seized unless it
21 can be proven by a preponderance of the evidence that the owner of the
22 equipment knowingly permitted the equipment to be used to engage in
23 conduct that subjects it to seizure under subsection (a)(10).
24 (d) Money, negotiable instruments, securities, weapons,
25 communications devices, or any property commonly used as
26 consideration for a violation of IC 35-48-4 found near or on a person
27 who is committing, attempting to commit, or conspiring to commit any
28 of the following offenses shall be admitted into evidence in an action
29 under this chapter as prima facie evidence that the money, negotiable
30 instrument, security, or other thing of value is property that has been
31 used or was to have been used to facilitate the violation of a criminal
32 statute or is the proceeds of the violation of a criminal statute:
33 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
34 death).
35 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
36 narcotic drug).
37 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
38 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
39 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
40 substance).
41 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
42 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
HB 1155—LS 7141/DI 151 6
1 as a Level 4 felony.
2 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
3 Level 3, Level 4, or Level 5 felony.
4 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
5 3, Level 4, or Level 5 felony.
6 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
7 salvia) as a Level 5 felony.
8 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
9 in a synthetic drug or synthetic drug lookalike substance) as a
10 Level 5 felony or Level 6 felony (or as a Class C felony or Class
11 D felony under IC 35-48-4-10 before its amendment in 2013).
12 (e) A vehicle operated by a person who is not:
13 (1) an owner of the vehicle; or
14 (2) the spouse of the person who owns the vehicle;
15 is not subject to seizure under subsection (a)(15) unless it can be
16 proven by a preponderance of the evidence that the owner of the
17 vehicle knowingly permitted the vehicle to be used to engage in
18 conduct that subjects it to seizure under subsection (a)(15).
19 SECTION 2. IC 35-31.5-2-305.5 IS ADDED TO THE INDIANA
20 CODE AS A NEW SECTION TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2025]: Sec. 305.5. "Signal jammer", for
22 purposes of IC 35-45-2-6, has the meaning set forth in
23 IC 35-45-2-6(a).
24 SECTION 3. IC 35-45-2-6 IS ADDED TO THE INDIANA CODE
25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
26 1, 2025]: Sec. 6. (a) As used in this section, "signal jammer" means
27 a device designed to intentionally block, jam, or interfere with
28 licensed or authorized radio communication. The term includes
29 devices that interfere with:
30 (1) personal communications services;
31 (2) police radar;
32 (3) GPS; and
33 (4) wireless networking services.
34 (b) A person may not do any of the following:
35 (1) Manufacture, offer for sale, import, market, or sell a
36 signal jammer.
37 (2) Possess, use, or operate a signal jammer.
38 (c) A person who knowingly or intentionally violates subsection
39 (b) commits unlawful use of a signal jammer, a Level 6 felony. 
HB 1155—LS 7141/DI 151 7
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred House Bill 1155, 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 6, line 39, delete "Class A" and insert "Level 6 felony.".
Page 6, delete lines 40 through 42.
and when so amended that said bill do pass.
(Reference is to HB 1155 as introduced.)
MCNAMARA
Committee Vote: yeas 13, nays 0.
HB 1155—LS 7141/DI 151