Introduced Version
HOUSE BILL No. 1188
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-44.1-3-1; IC 35-47-4-5.
Synopsis: Resisting law enforcement. Increases certain penalties for
resisting law enforcement.
Effective: July 1, 2025.
Shonkwiler
January 8, 2025, read first time and referred to Committee on Courts and Criminal Code.
2025 IN 1188—LS 7424/DI 151 Introduced
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. 1188
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 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
2 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
4 (1) forcibly resists, obstructs, or interferes with a law enforcement
5 officer or a person assisting the officer while the officer is
6 lawfully engaged in the execution of the officer's duties;
7 (2) forcibly resists, obstructs, or interferes with the authorized
8 service or execution of a civil or criminal process or order of a
9 court; or
10 (3) flees from a law enforcement officer after the officer has, by
11 visible or audible means, including operation of the law
12 enforcement officer's siren or emergency lights, identified himself
13 or herself and ordered the person to stop;
14 commits resisting law enforcement, a Class A misdemeanor, except as
15 provided in subsection (c).
16 (b) A person who, having been denied entry by a firefighter, an
17 emergency medical services provider, or a law enforcement officer,
2025 IN 1188—LS 7424/DI 151 2
1 knowingly or intentionally enters an area that is marked off with barrier
2 tape or other physical barriers, commits interfering with public safety,
3 a Class B misdemeanor, except as provided in subsection (c) or (k).
4 (c) The offense under subsection (a) or (b) is a:
5 (1) Level 6 Level 5 felony if:
6 (A) the person uses a vehicle to commit the offense; or
7 (B) while committing the offense, the person:
8 (i) draws or uses a deadly weapon;
9 (ii) inflicts bodily injury on or otherwise causes bodily injury
10 to another person; or
11 (iii) operates a vehicle in a manner that creates a substantial
12 risk of bodily injury to another person;
13 (2) Level 5 Level 4 felony if:
14 (A) while committing the offense, the person operates a
15 vehicle in a manner that causes serious bodily injury to another
16 person; or
17 (B) the person uses a vehicle to commit the offense and the
18 person has a prior unrelated conviction under this section
19 involving the use of a vehicle in the commission of the
20 offense;
21 (3) Level 3 felony if, while committing the offense, the person
22 operates a vehicle in a manner that causes the death or
23 catastrophic injury of another person; and
24 (4) Level 2 felony if, while committing any offense described in
25 subsection (a), the person operates a vehicle in a manner that
26 causes the death or catastrophic injury of a firefighter, an
27 emergency medical services provider, or a law enforcement
28 officer while the firefighter, emergency medical services provider,
29 or law enforcement officer is engaged in the firefighter's,
30 emergency medical services provider's, or officer's official duties.
31 (d) The offense under subsection (a) is a Level 6 felony if, while
32 committing an offense under:
33 (1) subsection (a)(1) or (a)(2), the person:
34 (A) creates a substantial risk of bodily injury to the person or
35 another person; and
36 (B) has two (2) or more prior unrelated convictions under
37 subsection (a); or
38 (2) subsection (a)(3), the person has two (2) or more prior
39 unrelated convictions under subsection (a).
40 (e) If a person uses a vehicle to commit a felony offense under
41 subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
42 penalty imposed for the offense, the court shall impose a minimum
2025 IN 1188—LS 7424/DI 151 3
1 executed sentence of at least:
2 (1) thirty (30) days, if the person does not have a prior unrelated
3 conviction under this section;
4 (2) one hundred eighty (180) days, if the person has one (1) prior
5 unrelated conviction under this section; or
6 (3) one (1) year, if the person has two (2) or more prior unrelated
7 convictions under this section.
8 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
9 minimum sentence imposed under subsection (e) may not be
10 suspended.
11 (g) If a person is convicted of an offense involving the use of a
12 motor vehicle under:
13 (1) subsection (c)(1)(A), if the person exceeded the speed limit by
14 at least twenty (20) miles per hour while committing the offense;
15 (2) subsection (c)(2); or
16 (3) subsection (c)(3);
17 the court may notify the bureau of motor vehicles to suspend or revoke
18 the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
19 period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
20 court shall inform the bureau whether the person has been sentenced
21 to a term of incarceration. At the time of conviction, the court may
22 obtain the person's current driver's license and return the license to the
23 bureau of motor vehicles.
24 (h) A person may not be charged or convicted of a crime under
25 subsection (a)(3) if the law enforcement officer is a school resource
26 officer acting in the officer's capacity as a school resource officer.
27 (i) A person who commits an offense described in subsection (c)
28 commits a separate offense for each person whose bodily injury,
29 serious bodily injury, catastrophic injury, or death is caused by a
30 violation of subsection (c).
31 (j) A court may order terms of imprisonment imposed on a person
32 convicted of more than one (1) offense described in subsection (c) to
33 run consecutively. Consecutive terms of imprisonment imposed under
34 this subsection are not subject to the sentencing restrictions set forth in
35 IC 35-50-1-2(c) through IC 35-50-1-2(d).
36 (k) As used in this subsection, "family member" means a child,
37 grandchild, parent, grandparent, or spouse of the person. It is a defense
38 to a prosecution under subsection (b) that the person reasonably
39 believed that the person's family member:
40 (1) was in the marked off area; and
41 (2) had suffered bodily injury or was at risk of suffering bodily
42 injury;
2025 IN 1188—LS 7424/DI 151 4
1 if the person is not charged as a defendant in connection with the
2 offense, if applicable, that caused the area to be secured by barrier tape
3 or other physical barriers.
4 SECTION 2. IC 35-47-4-5, AS AMENDED BY THE TECHNICAL
5 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
6 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
7 Sec. 5. (a) As used in this section, "serious violent felon" means a
8 person who has been convicted of committing a serious violent felony.
9 (b) As used in this section, "serious violent felony" means:
10 (1) murder (IC 35-42-1-1);
11 (2) attempted murder (IC 35-41-5-1);
12 (3) voluntary manslaughter (IC 35-42-1-3);
13 (4) reckless homicide not committed by means of a vehicle (IC
14 35-42-1-5);
15 (5) battery (IC 35-42-2-1) as a:
16 (A) Class A felony, Class B felony, or Class C felony, for a
17 crime committed before July 1, 2014; or
18 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
19 felony, for a crime committed after June 30, 2014;
20 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
21 3 felony, Level 4 felony, or Level 5 felony;
22 (7) aggravated battery (IC 35-42-2-1.5);
23 (8) strangulation (IC 35-42-2-9);
24 (9) kidnapping (IC 35-42-3-2);
25 (10) criminal confinement (IC 35-42-3-3);
26 (11) a human or sexual trafficking offense under IC 35-42-3.5;
27 (12) rape (IC 35-42-4-1);
28 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
29 (14) child molesting (IC 35-42-4-3);
30 (15) sexual battery (IC 35-42-4-8) as a:
31 (A) Class C felony, for a crime committed before July 1, 2014;
32 or
33 (B) Level 5 felony, for a crime committed after June 30, 2014;
34 (16) robbery (IC 35-42-5-1);
35 (17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
36 (18) arson (IC 35-43-1-1(a)) as a:
37 (A) Class A felony or Class B felony, for a crime committed
38 before July 1, 2014; or
39 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
40 crime committed after June 30, 2014;
41 (19) burglary (IC 35-43-2-1) as a:
42 (A) Class A felony or Class B felony, for a crime committed
2025 IN 1188—LS 7424/DI 151 5
1 before July 1, 2014; or
2 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
3 felony, for a crime committed after June 30, 2014;
4 (20) assisting a criminal (IC 35-44.1-2-5) as a:
5 (A) Class C felony, for a crime committed before July 1, 2014;
6 or
7 (B) Level 5 felony, for a crime committed after June 30, 2014;
8 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
9 (A) Class B felony or Class C felony, for a crime committed
10 before July 1, 2014; or
11 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
12 felony, for a crime committed after June 30, 2014;
13 (22) escape (IC 35-44.1-3-4) as a:
14 (A) Class B felony or Class C felony, for a crime committed
15 before July 1, 2014; or
16 (B) Level 4 felony or Level 5 felony, for a crime committed
17 after June 30, 2014;
18 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
19 (A) Class C felony, for a crime committed before July 1, 2014;
20 or
21 (B) Level 5 felony, for a crime committed after June 30, 2014;
22 (24) criminal organization intimidation (IC 35-45-9-4);
23 (25) stalking (IC 35-45-10-5) as a:
24 (A) Class B felony or Class C felony, for a crime committed
25 before July 1, 2014; or
26 (B) Level 4 felony or Level 5 felony, for a crime committed
27 after June 30, 2014;
28 (26) incest (IC 35-46-1-3);
29 (27) dealing in or manufacturing cocaine or a narcotic drug (IC
30 35-48-4-1);
31 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
32 manufacturing methamphetamine (IC 35-48-4-1.2);
33 (29) dealing in a schedule I, II, or III controlled substance (IC
34 35-48-4-2);
35 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
36 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
37 or
38 (32) dealing in a controlled substance resulting in death (IC
39 35-42-1-1.5).
40 (c) A serious violent felon who knowingly or intentionally possesses
41 a firearm commits unlawful possession of a firearm by a serious violent
42 felon, a Level 4 felony.
2025 IN 1188—LS 7424/DI 151