*HB1188.1*
February 13, 2025
HOUSE BILL No. 1188
_____
DIGEST OF HB 1188 (Updated February 12, 2025 12:47 pm - DI 106)
Citations Affected: IC 9-30; IC 35-44.1; IC 35-47.
Synopsis: Resisting law enforcement. Increases certain penalties for
resisting law enforcement.
Effective: July 1, 2025.
Shonkwiler, McNamara, Bascom
January 8, 2025, read first time and referred to Committee on Courts and Criminal Code.
February 13, 2025, amended, reported — Do Pass.
HB 1188—LS 7424/DI 151 February 13, 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. 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 9-30-10-4, AS AMENDED BY P.L.201-2019,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 4. (a) A person who has accumulated at least two
4 (2) judgments within a ten (10) year period for any of the following
5 violations, singularly or in combination, and not arising out of the same
6 incident, is a habitual violator:
7 (1) Reckless homicide resulting from the operation of a motor
8 vehicle.
9 (2) Voluntary or involuntary manslaughter resulting from the
10 operation of a motor vehicle.
11 (3) Failure of the operator of a motor vehicle involved in an
12 accident resulting in death or injury to any person to stop at the
13 scene of the accident and give the required information and
14 assistance.
15 (4) Operation of a vehicle while intoxicated resulting in death.
16 (5) Before July 1, 1997, operation of a vehicle with at least
17 ten-hundredths percent (0.10%) alcohol in the blood resulting in
HB 1188—LS 7424/DI 151 2
1 death.
2 (6) After June 30, 1997, and before July 1, 2001, operation of a
3 vehicle with an alcohol concentration equivalent to at least
4 ten-hundredths (0.10) gram of alcohol per:
5 (A) one hundred (100) milliliters of the blood; or
6 (B) two hundred ten (210) liters of the breath;
7 resulting in death.
8 (7) After June 30, 2001, operation of a vehicle with an alcohol
9 concentration equivalent to at least eight-hundredths (0.08) gram
10 of alcohol per:
11 (A) one hundred (100) milliliters of the blood; or
12 (B) two hundred ten (210) liters of the breath;
13 resulting in death.
14 (b) A person who has accumulated at least three (3) judgments
15 within a ten (10) year period for any of the following violations,
16 singularly or in combination, and not arising out of the same incident,
17 is a habitual violator:
18 (1) Operation of a vehicle while intoxicated.
19 (2) Before July 1, 1997, operation of a vehicle with at least
20 ten-hundredths percent (0.10%) alcohol in the blood.
21 (3) After June 30, 1997, and before July 1, 2001, operation of a
22 vehicle with an alcohol concentration equivalent to at least
23 ten-hundredths (0.10) gram of alcohol per:
24 (A) one hundred (100) milliliters of the blood; or
25 (B) two hundred ten (210) liters of the breath.
26 (4) After June 30, 2001, operation of a vehicle with an alcohol
27 concentration equivalent to at least eight-hundredths (0.08) gram
28 of alcohol per:
29 (A) one hundred (100) milliliters of the blood; or
30 (B) two hundred ten (210) liters of the breath.
31 (5) Reckless driving.
32 (6) Criminal recklessness as a felony involving the operation of
33 a motor vehicle.
34 (7) Drag racing or engaging in a speed contest in violation of law.
35 (8) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46
36 (repealed July 1, 1991), IC 9-26-1-1(1) (repealed January 1,
37 2015), IC 9-26-1-1(2) (repealed January 1, 2015), IC 9-26-1-2(1)
38 (repealed January 1, 2015), IC 9-26-1-2(2) (repealed January 1,
39 2015), IC 9-26-1-3 (repealed January 1, 2015), IC 9-26-1-4
40 (repealed January 1, 2015), or IC 9-26-1-1.1.
41 (9) Resisting law enforcement under IC 35-44.1-3-1(c)(1)(A),
42 IC 35-44.1-3-1(c)(2), IC 35-44.1-3-1(c)(3), or
HB 1188—LS 7424/DI 151 3
1 IC 35-44.1-3-1(c)(4). IC 35-44.1-3-1(c)(1),
2 IC 35-44.1-3-1(c)(2)(C) through IC 35-44.1-3-1(c)(2)(E),
3 IC 35-44.1-3-1(c)(3), or IC 35-44.1-3-1(c)(4).
4 (10) Any felony under this title or any felony in which the
5 operation of a motor vehicle is an element of the offense.
6 A judgment for a violation enumerated in subsection (a) shall be added
7 to the violations described in this subsection for the purposes of this
8 subsection.
9 (c) A person who has accumulated at least ten (10) judgments
10 within a ten (10) year period for any traffic violation, except a parking
11 or an equipment violation, of the type required to be reported to the
12 bureau, singularly or in combination, and not arising out of the same
13 incident, is a habitual violator. However, at least one (1) of the
14 judgments must be for:
15 (1) a violation enumerated in subsection (a);
16 (2) a violation enumerated in subsection (b);
17 (3) operating a motor vehicle while the person's license to do so
18 has been suspended or revoked as a result of the person's
19 conviction of an offense under IC 9-1-4-52 (repealed July 1,
20 1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-2, or
21 IC 9-24-19-3; or
22 (4) operating a motor vehicle without ever having obtained a
23 license to do so.
24 A judgment for a violation enumerated in subsection (a) or (b) shall be
25 added to the judgments described in this subsection for the purposes of
26 this subsection.
27 (d) For purposes of this section, a judgment includes a judgment in
28 any other jurisdiction in which the elements of the offense for which
29 the conviction was entered are substantially similar to the elements of
30 the offenses described in subsections (a), (b), and (c).
31 (e) For purposes of this section, the offense date is used when
32 determining the number of judgments accumulated within a ten (10)
33 year period.
34 SECTION 2. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
35 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
37 (1) forcibly resists, obstructs, or interferes with a law enforcement
38 officer or a person assisting the officer while the officer is
39 lawfully engaged in the execution of the officer's duties;
40 (2) forcibly resists, obstructs, or interferes with the authorized
41 service or execution of a civil or criminal process or order of a
42 court; or
HB 1188—LS 7424/DI 151 4
1 (3) flees from a law enforcement officer after the officer has, by
2 visible or audible means, including operation of the law
3 enforcement officer's siren or emergency lights, identified himself
4 or herself and ordered the person to stop;
5 commits resisting law enforcement, a Class A misdemeanor, except as
6 provided in subsection (c).
7 (b) A person who, having been denied entry by a firefighter, an
8 emergency medical services provider, or a law enforcement officer,
9 knowingly or intentionally enters an area that is marked off with barrier
10 tape or other physical barriers, commits interfering with public safety,
11 a Class B misdemeanor, except as provided in subsection (c) or (k).
12 (c) The offense under subsection (a) or (b) is a:
13 (1) Level 6 felony if (A) the person uses a vehicle to commit the
14 offense; or
15 (B) (2) Level 5 felony if: while committing the offense, the
16 person:
17 (i) (A) while committing the offense, the person draws or
18 uses a deadly weapon;
19 (ii) (B) while committing the offense, the person inflicts
20 bodily injury on or otherwise causes bodily injury to another
21 person; or
22 (iii) (C) while committing the offense, the person operates
23 a vehicle in a manner that creates a substantial risk of bodily
24 injury to another person;
25 (2) Level 5 felony if:
26 (A) (D) while committing the offense, the person operates a
27 vehicle in a manner that causes serious bodily injury to another
28 person; or
29 (B) (E) the person uses a vehicle to commit the offense and the
30 person has a prior unrelated conviction under this section
31 involving the use of a vehicle in the commission of the
32 offense;
33 (3) Level 3 felony if, while committing the offense, the person
34 operates a vehicle in a manner that causes the death or
35 catastrophic injury of another person; and
36 (4) Level 2 felony if, while committing any offense described in
37 subsection (a), the person operates a vehicle in a manner that
38 causes the death or catastrophic injury of a firefighter, an
39 emergency medical services provider, or a law enforcement
40 officer while the firefighter, emergency medical services provider,
41 or law enforcement officer is engaged in the firefighter's,
42 emergency medical services provider's, or officer's official duties.
HB 1188—LS 7424/DI 151 5
1 (d) The offense under subsection (a) is a Level 6 felony if, while
2 committing an offense under:
3 (1) subsection (a)(1) or (a)(2), the person:
4 (A) creates a substantial risk of bodily injury to the person or
5 another person; and
6 (B) has two (2) or more prior unrelated convictions under
7 subsection (a); or
8 (2) subsection (a)(3), the person has two (2) or more prior
9 unrelated convictions under subsection (a).
10 (e) If a person uses a vehicle to commit a felony offense under
11 subsection (c)(1)(B), (c)(1), (c)(2), (c)(3), or (c)(4), as part of the
12 criminal penalty imposed for the offense, the court shall impose a
13 minimum executed sentence of at least:
14 (1) thirty (30) days, if the person does not have a prior unrelated
15 conviction under this section;
16 (2) one hundred eighty (180) days, if the person has one (1) prior
17 unrelated conviction under this section; or
18 (3) one (1) year, if the person has two (2) or more prior unrelated
19 convictions under this section.
20 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
21 minimum sentence imposed under subsection (e) may not be
22 suspended.
23 (g) If a person is convicted of an offense involving the use of a
24 motor vehicle under:
25 (1) subsection (c)(1)(A), subsection (c)(1), if the person exceeded
26 the speed limit by at least twenty (20) miles per hour while
27 committing the offense;
28 (2) subsection (c)(2); or
29 (3) subsection (c)(3);
30 the court may notify the bureau of motor vehicles to suspend or revoke
31 the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
32 period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
33 court shall inform the bureau whether the person has been sentenced
34 to a term of incarceration. At the time of conviction, the court may
35 obtain the person's current driver's license and return the license to the
36 bureau of motor vehicles.
37 (h) A person may not be charged or convicted of a crime under
38 subsection (a)(3) if the law enforcement officer is a school resource
39 officer acting in the officer's capacity as a school resource officer.
40 (i) A person who commits an offense described in subsection (c)
41 commits a separate offense for each person whose bodily injury,
42 serious bodily injury, catastrophic injury, or death is caused by a
HB 1188—LS 7424/DI 151 6
1 violation of subsection (c).
2 (j) A court may order terms of imprisonment imposed on a person
3 convicted of more than one (1) offense described in subsection (c) to
4 run consecutively. Consecutive terms of imprisonment imposed under
5 this subsection are not subject to the sentencing restrictions set forth in
6 IC 35-50-1-2(c) through IC 35-50-1-2(d).
7 (k) As used in this subsection, "family member" means a child,
8 grandchild, parent, grandparent, or spouse of the person. It is a defense
9 to a prosecution under subsection (b) that the person reasonably
10 believed that the person's family member:
11 (1) was in the marked off area; and
12 (2) had suffered bodily injury or was at risk of suffering bodily
13 injury;
14 if the person is not charged as a defendant in connection with the
15 offense, if applicable, that caused the area to be secured by barrier tape
16 or other physical barriers.
17 SECTION 3. IC 35-47-4-5, AS AMENDED BY THE TECHNICAL
18 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
19 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
20 Sec. 5. (a) As used in this section, "serious violent felon" means a
21 person who has been convicted of committing a serious violent felony.
22 (b) As used in this section, "serious violent felony" means:
23 (1) murder (IC 35-42-1-1);
24 (2) attempted murder (IC 35-41-5-1);
25 (3) voluntary manslaughter (IC 35-42-1-3);
26 (4) reckless homicide not committed by means of a vehicle
27 (IC 35-42-1-5);
28 (5) battery (IC 35-42-2-1) as a:
29 (A) Class A felony, Class B felony, or Class C felony, for a
30 crime committed before July 1, 2014; or
31 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
32 felony, for a crime committed after June 30, 2014;
33 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
34 3 felony, Level 4 felony, or Level 5 felony;
35 (7) aggravated battery (IC 35-42-2-1.5);
36 (8) strangulation (IC 35-42-2-9);
37 (9) kidnapping (IC 35-42-3-2);
38 (10) criminal confinement (IC 35-42-3-3);
39 (11) a human or sexual trafficking offense under IC 35-42-3.5;
40 (12) rape (IC 35-42-4-1);
41 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
42 (14) child molesting (IC 35-42-4-3);
HB 1188—LS 7424/DI 151 7
1 (15) sexual battery (IC 35-42-4-8) as a:
2 (A) Class C felony, for a crime committed before July 1, 2014;
3 or
4 (B) Level 5 felony, for a crime committed after June 30, 2014;
5 (16) robbery (IC 35-42-5-1);
6 (17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
7 (18) arson (IC 35-43-1-1(a)) as a:
8 (A) Class A felony or Class B felony, for a crime committed
9 before July 1, 2014; or
10 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
11 crime committed after June 30, 2014;
12 (19) burglary (IC 35-43-2-1) as a:
13 (A) Class A felony or Class B felony, for a crime committed
14 before July 1, 2014; or
15 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
16 felony, for a crime committed after June 30, 2014;
17 (20) assisting a criminal (IC 35-44.1-2-5) as a:
18 (A) Class C felony, for a crime committed before July 1, 2014;
19 or
20 (B) Level 5 felony, for a crime committed after June 30, 2014;
21 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
22 (A) Class B felony or Class C felony, for a crime committed
23 before July 1, 2014; or
24 (B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
25 crime committed after June 30, 2014;
26 (22) escape (IC 35-44.1-3-4) as a:
27 (A) Class B felony or Class C felony, for a crime committed
28 before July 1, 2014; or
29 (B) Level 4 felony or Level 5 felony, for a crime committed
30 after June 30, 2014;
31 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
32 (A) Class C felony, for a crime committed before July 1, 2014;
33 or
34 (B) Level 5 felony, for a crime committed after June 30, 2014;
35 (24) criminal organization intimidation (IC 35-45-9-4);
36 (25) stalking (IC 35-45-10-5) as a:
37 (A) Class B felony or Class C felony, for a crime committed
38 before July 1, 2014; or
39 (B) Level 4 felony or Level 5 felony, for a crime committed
40 after June 30, 2014;
41 (26) incest (IC 35-46-1-3);
42 (27) dealing in or manufacturing cocaine or a narcotic drug
HB 1188—LS 7424/DI 151 8
1 (IC 35-48-4-1);
2 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
3 manufacturing methamphetamine (IC 35-48-4-1.2);
4 (29) dealing in a schedule I, II, or III controlled substance
5 (IC 35-48-4-2);
6 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
7 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
8 or
9 (32) dealing in a controlled substance resulting in death
10 (IC 35-42-1-1.5).
11 (c) A serious violent felon who knowingly or intentionally possesses
12 a firearm commits unlawful possession of a firearm by a serious violent
13 felon, a Level 4 felony.
HB 1188—LS 7424/DI 151 9
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred House Bill 1188, 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 1, delete lines 1 through 17, begin a new paragraph and insert:
"SECTION 1. IC 9-30-10-4, AS AMENDED BY P.L.201-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) A person who has accumulated at least two
(2) judgments within a ten (10) year period for any of the following
violations, singularly or in combination, and not arising out of the same
incident, is a habitual violator:
(1) Reckless homicide resulting from the operation of a motor
vehicle.
(2) Voluntary or involuntary manslaughter resulting from the
operation of a motor vehicle.
(3) Failure of the operator of a motor vehicle involved in an
accident resulting in death or injury to any person to stop at the
scene of the accident and give the required information and
assistance.
(4) Operation of a vehicle while intoxicated resulting in death.
(5) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood resulting in
death.
(6) After June 30, 1997, and before July 1, 2001, operation of a
vehicle with an alcohol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(7) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram
of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(b) A person who has accumulated at least three (3) judgments
within a ten (10) year period for any of the following violations,
singularly or in combination, and not arising out of the same incident,
is a habitual violator:
(1) Operation of a vehicle while intoxicated.
HB 1188—LS 7424/DI 151 10
(2) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood.
(3) After June 30, 1997, and before July 1, 2001, operation of a
vehicle with an alcohol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(4) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram
of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(5) Reckless driving.
(6) Criminal recklessness as a felony involving the operation of
a motor vehicle.
(7) Drag racing or engaging in a speed contest in violation of law.
(8) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46
(repealed July 1, 1991), IC 9-26-1-1(1) (repealed January 1,
2015), IC 9-26-1-1(2) (repealed January 1, 2015), IC 9-26-1-2(1)
(repealed January 1, 2015), IC 9-26-1-2(2) (repealed January 1,
2015), IC 9-26-1-3 (repealed January 1, 2015), IC 9-26-1-4
(repealed January 1, 2015), or IC 9-26-1-1.1.
(9) Resisting law enforcement under IC 35-44.1-3-1(c)(1)(A),
IC 35-44.1-3-1(c)(2), IC 35-44.1-3-1(c)(3), or
IC 35-44.1-3-1(c)(4). IC 35-44.1-3-1(c)(1),
IC 35-44.1-3-1(c)(2)(C) through IC 35-44.1-3-1(c)(2)(E),
IC 35-44.1-3-1(c)(3), or IC 35-44.1-3-1(c)(4).
(10) Any felony under this title or any felony in which the
operation of a motor vehicle is an element of the offense.
A judgment for a violation enumerated in subsection (a) shall be added
to the violations described in this subsection for the purposes of this
subsection.
(c) A person who has accumulated at least ten (10) judgments
within a ten (10) year period for any traffic violation, except a parking
or an equipment violation, of the type required to be reported to the
bureau, singularly or in combination, and not arising out of the same
incident, is a habitual violator. However, at least one (1) of the
judgments must be for:
(1) a violation enumerated in subsection (a);
(2) a violation enumerated in subsection (b);
(3) operating a motor vehicle while the person's license to do so
has been suspended or revoked as a result of the person's
HB 1188—LS 7424/DI 151 11
conviction of an offense under IC 9-1-4-52 (repealed July 1,
1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-2, or
IC 9-24-19-3; or
(4) operating a motor vehicle without ever having obtained a
license to do so.
A judgment for a violation enumerated in subsection (a) or (b) shall be
added to the judgments described in this subsection for the purposes of
this subsection.
(d) For purposes of this section, a judgment includes a judgment in
any other jurisdiction in which the elements of the offense for which
the conviction was entered are substantially similar to the elements of
the offenses described in subsections (a), (b), and (c).
(e) For purposes of this section, the offense date is used when
determining the number of judgments accumulated within a ten (10)
year period.
SECTION 2. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law enforcement
officer or a person assisting the officer while the officer is
lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the authorized
service or execution of a civil or criminal process or order of a
court; or
(3) flees from a law enforcement officer after the officer has, by
visible or audible means, including operation of the law
enforcement officer's siren or emergency lights, identified himself
or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except as
provided in subsection (c).
(b) A person who, having been denied entry by a firefighter, an
emergency medical services provider, or a law enforcement officer,
knowingly or intentionally enters an area that is marked off with barrier
tape or other physical barriers, commits interfering with public safety,
a Class B misdemeanor, except as provided in subsection (c) or (k).
(c) The offense under subsection (a) or (b) is a:
(1) Level 6 felony if (A) the person uses a vehicle to commit the
offense; or
(B) (2) Level 5 felony if: while committing the offense, the
person:
(i) (A) while committing the offense, the person draws or
uses a deadly weapon;
HB 1188—LS 7424/DI 151 12
(ii) (B) while committing the offense, the person inflicts
bodily injury on or otherwise causes bodily injury to another
person; or
(iii) (C) while committing the offense, the person operates
a vehicle in a manner that creates a substantial risk of bodily
injury to another person;
(2) Level 5 felony if:
(A) (D) while committing the offense, the person operates a
vehicle in a manner that causes serious bodily injury to another
person; or
(B) (E) the person uses a vehicle to commit the offense and the
person has a prior unrelated conviction under this section
involving the use of a vehicle in the commission of the
offense;
(3) Level 3 felony if, while committing the offense, the person
operates a vehicle in a manner that causes the death or
catastrophic injury of another person; and
(4) Level 2 felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death or catastrophic injury of a firefighter, an
emergency medical services provider, or a law enforcement
officer while the firefighter, emergency medical services provider,
or law enforcement officer is engaged in the firefighter's,
emergency medical services provider's, or officer's official duties.
(d) The offense under subsection (a) is a Level 6 felony if, while
committing an offense under:
(1) subsection (a)(1) or (a)(2), the person:
(A) creates a substantial risk of bodily injury to the person or
another person; and
(B) has two (2) or more prior unrelated convictions under
subsection (a); or
(2) subsection (a)(3), the person has two (2) or more prior
unrelated convictions under subsection (a).
(e) If a person uses a vehicle to commit a felony offense under
subsection (c)(1)(B), (c)(1), (c)(2), (c)(3), or (c)(4), as part of the
criminal penalty imposed for the offense, the court shall impose a
minimum executed sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1) prior
unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior unrelated
HB 1188—LS 7424/DI 151 13
convictions under this section.
(f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
minimum sentence imposed under subsection (e) may not be
suspended.
(g) If a person is convicted of an offense involving the use of a
motor vehicle under:
(1) subsection (c)(1)(A), subsection (c)(1), if the person exceeded
the speed limit by at least twenty (20) miles per hour while
committing the offense;
(2) subsection (c)(2); or
(3) subsection (c)(3);
the court may notify the bureau of motor vehicles to suspend or revoke
the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
court shall inform the bureau whether the person has been sentenced
to a term of incarceration. At the time of conviction, the court may
obtain the person's current driver's license and return the license to the
bureau of motor vehicles.
(h) A person may not be charged or convicted of a crime under
subsection (a)(3) if the law enforcement officer is a school resource
officer acting in the officer's capacity as a school resource officer.
(i) A person who commits an offense described in subsection (c)
commits a separate offense for each person whose bodily injury,
serious bodily injury, catastrophic injury, or death is caused by a
violation of subsection (c).
(j) A court may order terms of imprisonment imposed on a person
convicted of more than one (1) offense described in subsection (c) to
run consecutively. Consecutive terms of imprisonment imposed under
this subsection are not subject to the sentencing restrictions set forth in
IC 35-50-1-2(c) through IC 35-50-1-2(d).
(k) As used in this subsection, "family member" means a child,
grandchild, parent, grandparent, or spouse of the person. It is a defense
to a prosecution under subsection (b) that the person reasonably
believed that the person's family member:
(1) was in the marked off area; and
(2) had suffered bodily injury or was at risk of suffering bodily
injury;
if the person is not charged as a defendant in connection with the
offense, if applicable, that caused the area to be secured by barrier tape
or other physical barriers.".
Delete pages 2 through 3.
Page 4, delete lines 1 through 3.
HB 1188—LS 7424/DI 151 14
Page 5, line 11, delete "Level 4 felony,".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1188 as introduced.)
MCNAMARA
Committee Vote: yeas 13, nays 0.
HB 1188—LS 7424/DI 151