Indiana 2025 Regular Session

Indiana House Bill HB1188 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	EH1188.1
2		-	March 12, 2025
3		-	ENGROSSED
	1	+	HB1188.1
	2	+	February 13, 2025
4	3		HOUSE BILL No. 1188
5	4		_____
6		-	DIGEST OF HB 1188 (Updated ~~March 11~~, 2025 2:43 pm - DI 106)
7		-	Citations Affected: IC 35-44.1; IC 35-47.
	5	+	DIGEST OF HB 1188 (Updated February 12, 2025 12:47 pm - DI 106)
	6	+	Citations Affected: IC 9-30; IC 35-44.1; IC 35-47.
8	7		Synopsis: Resisting law enforcement. Increases certain penalties for
9	8		resisting law enforcement.
10	9		Effective: July 1, 2025.
11	10		Shonkwiler, McNamara, Bascom
12		-	(SENATE SPONSORS — CARRASCO, CLARK, KOCH, BOHACEK)
13	11		January 8, 2025, read first time and referred to Committee on Courts and Criminal Code.
14	12		February 13, 2025, amended, reported — Do Pass.
15		-	February 17, 2025, read second time, ordered engrossed.
16		-	February 18, 2025, engrossed. Read third time, passed. Yeas 95, nays 0.
17		-	SENATE ACTION
18		-	March 3, 2025, read first time and referred to Committee on Corrections and Criminal
19		-	Law.
20		-	March 11, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
21		-	Appropriations.
22		-	EH 1188—LS 7424/DI 151 March 12, 2025
	13	+	HB 1188—LS 7424/DI 151 February 13, 2025
23	14		First Regular Session of the 124th General Assembly (2025)
24	15		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	16		Constitution) is being amended, the text of the existing provision will appear in this style type,
26	17		additions will appear in this style type, and deletions will appear in this style type.
27	18		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	19		provision adopted), the text of the new provision will appear in this style type. Also, the
29	20		word NEW will appear in that style type in the introductory clause of each SECTION that adds
30	21		a new provision to the Indiana Code or the Indiana Constitution.
31	22		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	23		between statutes enacted by the 2024 Regular Session of the General Assembly.
33		-	ENGROSSED
34	24		HOUSE BILL No. 1188
35	25		A BILL FOR AN ACT to amend the Indiana Code concerning
36	26		criminal law and procedure.
37	27		Be it enacted by the General Assembly of the State of Indiana:
38		-	1 SECTION 1. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
39		-	2 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40		-	3 JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
41		-	4 (1) forcibly resists, obstructs, or interferes with a law enforcement
42		-	5 officer or a person assisting the officer while the officer is
43		-	6 lawfully engaged in the execution of the officer's duties;
44		-	7 (2) forcibly resists, obstructs, or interferes with the authorized
45		-	8 service or execution of a civil or criminal process or order of a
46		-	9 court; or
47		-	10 (3) flees from a law enforcement officer after the officer has, by
48		-	11 visible or audible means, including operation of the law
49		-	12 enforcement officer's siren or emergency lights, identified himself
50		-	13 or herself and ordered the person to stop;
51		-	14 commits resisting law enforcement, a Class A misdemeanor, except as
52		-	15 provided in subsection (c).
53		-	16 (b) A person who, having been denied entry by a firefighter, an
54		-	17 emergency medical services provider, or a law enforcement officer,
55		-	EH 1188—LS 7424/DI 151 2
56		-	1 knowingly or intentionally enters an area that is marked off with barrier
57		-	2 tape or other physical barriers, commits interfering with public safety,
58		-	3 a Class B misdemeanor, except as provided in subsection (c) or (k).
59		-	4 (c) The offense under subsection (a) or (b) is a:
60		-	5 (1) Level 6 Level 5 felony if:
61		-	6 (A) the person uses a vehicle to commit the offense; or
62		-	7 (B) while committing the offense, the person:
63		-	8 (i) draws or uses a deadly weapon;
64		-	9 (ii) inflicts moderate bodily injury on or otherwise causes
65		-	10 moderate bodily injury to another person; or
66		-	11 (iii) operates a vehicle in a manner that creates a substantial
67		-	12 risk of bodily injury to another person;
68		-	13 (2) Level 5 Level 4 felony if:
69		-	14 (A) while committing the offense, the person operates a
70		-	15 vehicle in a manner that causes serious bodily injury to another
71		-	16 person; or
72		-	17 (B) the person uses a vehicle to commit the offense and the
73		-	18 person has a prior unrelated conviction under this section
74		-	19 involving the use of a vehicle in the commission of the
75		-	20 offense;
76		-	21 (3) Level 3 felony if, while committing the offense, the person
77		-	22 operates a vehicle in a manner that causes the death or
78		-	23 catastrophic injury of another person; and
79		-	24 (4) Level 2 felony if, while committing any offense described in
80		-	25 subsection (a), the person operates a vehicle in a manner that
81		-	26 causes the death or catastrophic injury of a firefighter, an
82		-	27 emergency medical services provider, or a law enforcement
83		-	28 officer while the firefighter, emergency medical services provider,
84		-	29 or law enforcement officer is engaged in the firefighter's,
85		-	30 emergency medical services provider's, or officer's official duties.
86		-	31 (d) The offense under subsection (a) is a Level 6 felony if, while
87		-	32 committing an offense under:
88		-	33 (1) subsection (a)(1) or (a)(2), the person:
89		-	34 (A) creates a substantial risk of bodily injury to the person or
90		-	35 another person; and
91		-	36 (B) has two (2) or more prior unrelated convictions under
92		-	37 subsection (a); or
93		-	38 (2) subsection (a)(3), the person has two (2) or more prior
94		-	39 unrelated convictions under subsection (a).
95		-	40 (e) If a person uses a vehicle to commit a felony offense under
96		-	41 subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
97		-	42 penalty imposed for the offense, the court shall impose a minimum
98		-	EH 1188—LS 7424/DI 151 3
99		-	1 executed sentence of at least:
100		-	2 (1) thirty (30) days, if the person does not have a prior unrelated
101		-	3 conviction under this section;
102		-	4 (2) one hundred eighty (180) days, if the person has one (1) prior
103		-	5 unrelated conviction under this section; or
104		-	6 (3) one (1) year, if the person has two (2) or more prior unrelated
105		-	7 convictions under this section.
106		-	8 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
107		-	9 minimum sentence imposed under subsection (e) may not be
108		-	10 suspended.
109		-	11 (g) If a person is convicted of an offense involving the use of a
110		-	12 motor vehicle under:
111		-	13 (1) subsection (c)(1)(A), if the person exceeded the speed limit by
112		-	14 at least twenty (20) miles per hour while committing the offense;
113		-	15 (2) subsection (c)(2); or
114		-	16 (3) subsection (c)(3);
115		-	17 the court may notify the bureau of motor vehicles to suspend or revoke
116		-	18 the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
117		-	19 period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
118		-	20 court shall inform the bureau whether the person has been sentenced
119		-	21 to a term of incarceration. At the time of conviction, the court may
120		-	22 obtain the person's current driver's license and return the license to the
121		-	23 bureau of motor vehicles.
122		-	24 (h) A person may not be charged or convicted of a crime under
123		-	25 subsection (a)(3) if the law enforcement officer is a school resource
124		-	26 officer acting in the officer's capacity as a school resource officer.
125		-	27 (i) A person who commits an offense described in subsection (c)
126		-	28 commits a separate offense for each person whose bodily injury,
127		-	29 serious bodily injury, catastrophic injury, or death is caused by a
128		-	30 violation of subsection (c).
129		-	31 (j) A court may order terms of imprisonment imposed on a person
130		-	32 convicted of more than one (1) offense described in subsection (c) to
131		-	33 run consecutively. Consecutive terms of imprisonment imposed under
132		-	34 this subsection are not subject to the sentencing restrictions set forth in
133		-	35 IC 35-50-1-2(c) through IC 35-50-1-2(d).
134		-	36 (k) As used in this subsection, "family member" means a child,
135		-	37 grandchild, parent, grandparent, or spouse of the person. It is a defense
136		-	38 to a prosecution under subsection (b) that the person reasonably
137		-	39 believed that the person's family member:
138		-	40 (1) was in the marked off area; and
139		-	41 (2) had suffered bodily injury or was at risk of suffering bodily
140		-	42 injury;
141		-	EH 1188—LS 7424/DI 151 4
142		-	1 if the person is not charged as a defendant in connection with the
143		-	2 offense, if applicable, that caused the area to be secured by barrier tape
144		-	3 or other physical barriers.
145		-	4 SECTION 2. IC 35-47-4-5, AS AMENDED BY THE TECHNICAL
146		-	5 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
147		-	6 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
148		-	7 Sec. 5. (a) As used in this section, "serious violent felon" means a
149		-	8 person who has been convicted of committing a serious violent felony.
150		-	9 (b) As used in this section, "serious violent felony" means:
151		-	10 (1) murder (IC 35-42-1-1);
152		-	11 (2) attempted murder (IC 35-41-5-1);
153		-	12 (3) voluntary manslaughter (IC 35-42-1-3);
154		-	13 (4) reckless homicide not committed by means of a vehicle
155		-	14 (IC 35-42-1-5);
156		-	15 (5) battery (IC 35-42-2-1) as a:
157		-	16 (A) Class A felony, Class B felony, or Class C felony, for a
158		-	17 crime committed before July 1, 2014; or
159		-	18 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
160		-	19 felony, for a crime committed after June 30, 2014;
161		-	20 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
162		-	21 3 felony, Level 4 felony, or Level 5 felony;
163		-	22 (7) aggravated battery (IC 35-42-2-1.5);
164		-	23 (8) strangulation (IC 35-42-2-9);
165		-	24 (9) kidnapping (IC 35-42-3-2);
166		-	25 (10) criminal confinement (IC 35-42-3-3);
167		-	26 (11) a human or sexual trafficking offense under IC 35-42-3.5;
168		-	27 (12) rape (IC 35-42-4-1);
169		-	28 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
170		-	29 (14) child molesting (IC 35-42-4-3);
171		-	30 (15) sexual battery (IC 35-42-4-8) as a:
172		-	31 (A) Class C felony, for a crime committed before July 1, 2014;
173		-	32 or
174		-	33 (B) Level 5 felony, for a crime committed after June 30, 2014;
175		-	34 (16) robbery (IC 35-42-5-1);
176		-	35 (17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
177		-	36 (18) arson (IC 35-43-1-1(a)) as a:
178		-	37 (A) Class A felony or Class B felony, for a crime committed
	28	+	1 SECTION 1. IC 9-30-10-4, AS AMENDED BY P.L.201-2019,
	29	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	30	+	3 JULY 1, 2025]: Sec. 4. (a) A person who has accumulated at least two
	31	+	4 (2) judgments within a ten (10) year period for any of the following
	32	+	5 violations, singularly or in combination, and not arising out of the same
	33	+	6 incident, is a habitual violator:
	34	+	7 (1) Reckless homicide resulting from the operation of a motor
	35	+	8 vehicle.
	36	+	9 (2) Voluntary or involuntary manslaughter resulting from the
	37	+	10 operation of a motor vehicle.
	38	+	11 (3) Failure of the operator of a motor vehicle involved in an
	39	+	12 accident resulting in death or injury to any person to stop at the
	40	+	13 scene of the accident and give the required information and
	41	+	14 assistance.
	42	+	15 (4) Operation of a vehicle while intoxicated resulting in death.
	43	+	16 (5) Before July 1, 1997, operation of a vehicle with at least
	44	+	17 ten-hundredths percent (0.10%) alcohol in the blood resulting in
	45	+	HB 1188—LS 7424/DI 151 2
	46	+	1 death.
	47	+	2 (6) After June 30, 1997, and before July 1, 2001, operation of a
	48	+	3 vehicle with an alcohol concentration equivalent to at least
	49	+	4 ten-hundredths (0.10) gram of alcohol per:
	50	+	5 (A) one hundred (100) milliliters of the blood; or
	51	+	6 (B) two hundred ten (210) liters of the breath;
	52	+	7 resulting in death.
	53	+	8 (7) After June 30, 2001, operation of a vehicle with an alcohol
	54	+	9 concentration equivalent to at least eight-hundredths (0.08) gram
	55	+	10 of alcohol per:
	56	+	11 (A) one hundred (100) milliliters of the blood; or
	57	+	12 (B) two hundred ten (210) liters of the breath;
	58	+	13 resulting in death.
	59	+	14 (b) A person who has accumulated at least three (3) judgments
	60	+	15 within a ten (10) year period for any of the following violations,
	61	+	16 singularly or in combination, and not arising out of the same incident,
	62	+	17 is a habitual violator:
	63	+	18 (1) Operation of a vehicle while intoxicated.
	64	+	19 (2) Before July 1, 1997, operation of a vehicle with at least
	65	+	20 ten-hundredths percent (0.10%) alcohol in the blood.
	66	+	21 (3) After June 30, 1997, and before July 1, 2001, operation of a
	67	+	22 vehicle with an alcohol concentration equivalent to at least
	68	+	23 ten-hundredths (0.10) gram of alcohol per:
	69	+	24 (A) one hundred (100) milliliters of the blood; or
	70	+	25 (B) two hundred ten (210) liters of the breath.
	71	+	26 (4) After June 30, 2001, operation of a vehicle with an alcohol
	72	+	27 concentration equivalent to at least eight-hundredths (0.08) gram
	73	+	28 of alcohol per:
	74	+	29 (A) one hundred (100) milliliters of the blood; or
	75	+	30 (B) two hundred ten (210) liters of the breath.
	76	+	31 (5) Reckless driving.
	77	+	32 (6) Criminal recklessness as a felony involving the operation of
	78	+	33 a motor vehicle.
	79	+	34 (7) Drag racing or engaging in a speed contest in violation of law.
	80	+	35 (8) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46
	81	+	36 (repealed July 1, 1991), IC 9-26-1-1(1) (repealed January 1,
	82	+	37 2015), IC 9-26-1-1(2) (repealed January 1, 2015), IC 9-26-1-2(1)
	83	+	38 (repealed January 1, 2015), IC 9-26-1-2(2) (repealed January 1,
	84	+	39 2015), IC 9-26-1-3 (repealed January 1, 2015), IC 9-26-1-4
	85	+	40 (repealed January 1, 2015), or IC 9-26-1-1.1.
	86	+	41 (9) Resisting law enforcement under IC 35-44.1-3-1(c)(1)(A),
	87	+	42 IC 35-44.1-3-1(c)(2), IC 35-44.1-3-1(c)(3), or
	88	+	HB 1188—LS 7424/DI 151 3
	89	+	1 IC 35-44.1-3-1(c)(4). IC 35-44.1-3-1(c)(1),
	90	+	2 IC 35-44.1-3-1(c)(2)(C) through IC 35-44.1-3-1(c)(2)(E),
	91	+	3 IC 35-44.1-3-1(c)(3), or IC 35-44.1-3-1(c)(4).
	92	+	4 (10) Any felony under this title or any felony in which the
	93	+	5 operation of a motor vehicle is an element of the offense.
	94	+	6 A judgment for a violation enumerated in subsection (a) shall be added
	95	+	7 to the violations described in this subsection for the purposes of this
	96	+	8 subsection.
	97	+	9 (c) A person who has accumulated at least ten (10) judgments
	98	+	10 within a ten (10) year period for any traffic violation, except a parking
	99	+	11 or an equipment violation, of the type required to be reported to the
	100	+	12 bureau, singularly or in combination, and not arising out of the same
	101	+	13 incident, is a habitual violator. However, at least one (1) of the
	102	+	14 judgments must be for:
	103	+	15 (1) a violation enumerated in subsection (a);
	104	+	16 (2) a violation enumerated in subsection (b);
	105	+	17 (3) operating a motor vehicle while the person's license to do so
	106	+	18 has been suspended or revoked as a result of the person's
	107	+	19 conviction of an offense under IC 9-1-4-52 (repealed July 1,
	108	+	20 1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-2, or
	109	+	21 IC 9-24-19-3; or
	110	+	22 (4) operating a motor vehicle without ever having obtained a
	111	+	23 license to do so.
	112	+	24 A judgment for a violation enumerated in subsection (a) or (b) shall be
	113	+	25 added to the judgments described in this subsection for the purposes of
	114	+	26 this subsection.
	115	+	27 (d) For purposes of this section, a judgment includes a judgment in
	116	+	28 any other jurisdiction in which the elements of the offense for which
	117	+	29 the conviction was entered are substantially similar to the elements of
	118	+	30 the offenses described in subsections (a), (b), and (c).
	119	+	31 (e) For purposes of this section, the offense date is used when
	120	+	32 determining the number of judgments accumulated within a ten (10)
	121	+	33 year period.
	122	+	34 SECTION 2. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
	123	+	35 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	124	+	36 JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
	125	+	37 (1) forcibly resists, obstructs, or interferes with a law enforcement
	126	+	38 officer or a person assisting the officer while the officer is
	127	+	39 lawfully engaged in the execution of the officer's duties;
	128	+	40 (2) forcibly resists, obstructs, or interferes with the authorized
	129	+	41 service or execution of a civil or criminal process or order of a
	130	+	42 court; or
	131	+	HB 1188—LS 7424/DI 151 4
	132	+	1 (3) flees from a law enforcement officer after the officer has, by
	133	+	2 visible or audible means, including operation of the law
	134	+	3 enforcement officer's siren or emergency lights, identified himself
	135	+	4 or herself and ordered the person to stop;
	136	+	5 commits resisting law enforcement, a Class A misdemeanor, except as
	137	+	6 provided in subsection (c).
	138	+	7 (b) A person who, having been denied entry by a firefighter, an
	139	+	8 emergency medical services provider, or a law enforcement officer,
	140	+	9 knowingly or intentionally enters an area that is marked off with barrier
	141	+	10 tape or other physical barriers, commits interfering with public safety,
	142	+	11 a Class B misdemeanor, except as provided in subsection (c) or (k).
	143	+	12 (c) The offense under subsection (a) or (b) is a:
	144	+	13 (1) Level 6 felony if (A) the person uses a vehicle to commit the
	145	+	14 offense; or
	146	+	15 (B) (2) Level 5 felony if: while committing the offense, the
	147	+	16 person:
	148	+	17 (i) (A) while committing the offense, the person draws or
	149	+	18 uses a deadly weapon;
	150	+	19 (ii) (B) while committing the offense, the person inflicts
	151	+	20 bodily injury on or otherwise causes bodily injury to another
	152	+	21 person; or
	153	+	22 (iii) (C) while committing the offense, the person operates
	154	+	23 a vehicle in a manner that creates a substantial risk of bodily
	155	+	24 injury to another person;
	156	+	25 (2) Level 5 felony if:
	157	+	26 (A) (D) while committing the offense, the person operates a
	158	+	27 vehicle in a manner that causes serious bodily injury to another
	159	+	28 person; or
	160	+	29 (B) (E) the person uses a vehicle to commit the offense and the
	161	+	30 person has a prior unrelated conviction under this section
	162	+	31 involving the use of a vehicle in the commission of the
	163	+	32 offense;
	164	+	33 (3) Level 3 felony if, while committing the offense, the person
	165	+	34 operates a vehicle in a manner that causes the death or
	166	+	35 catastrophic injury of another person; and
	167	+	36 (4) Level 2 felony if, while committing any offense described in
	168	+	37 subsection (a), the person operates a vehicle in a manner that
	169	+	38 causes the death or catastrophic injury of a firefighter, an
	170	+	39 emergency medical services provider, or a law enforcement
	171	+	40 officer while the firefighter, emergency medical services provider,
	172	+	41 or law enforcement officer is engaged in the firefighter's,
	173	+	42 emergency medical services provider's, or officer's official duties.
	174	+	HB 1188—LS 7424/DI 151 5
	175	+	1 (d) The offense under subsection (a) is a Level 6 felony if, while
	176	+	2 committing an offense under:
	177	+	3 (1) subsection (a)(1) or (a)(2), the person:
	178	+	4 (A) creates a substantial risk of bodily injury to the person or
	179	+	5 another person; and
	180	+	6 (B) has two (2) or more prior unrelated convictions under
	181	+	7 subsection (a); or
	182	+	8 (2) subsection (a)(3), the person has two (2) or more prior
	183	+	9 unrelated convictions under subsection (a).
	184	+	10 (e) If a person uses a vehicle to commit a felony offense under
	185	+	11 subsection (c)(1)(B), (c)(1), (c)(2), (c)(3), or (c)(4), as part of the
	186	+	12 criminal penalty imposed for the offense, the court shall impose a
	187	+	13 minimum executed sentence of at least:
	188	+	14 (1) thirty (30) days, if the person does not have a prior unrelated
	189	+	15 conviction under this section;
	190	+	16 (2) one hundred eighty (180) days, if the person has one (1) prior
	191	+	17 unrelated conviction under this section; or
	192	+	18 (3) one (1) year, if the person has two (2) or more prior unrelated
	193	+	19 convictions under this section.
	194	+	20 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
	195	+	21 minimum sentence imposed under subsection (e) may not be
	196	+	22 suspended.
	197	+	23 (g) If a person is convicted of an offense involving the use of a
	198	+	24 motor vehicle under:
	199	+	25 (1) subsection (c)(1)(A), subsection (c)(1), if the person exceeded
	200	+	26 the speed limit by at least twenty (20) miles per hour while
	201	+	27 committing the offense;
	202	+	28 (2) subsection (c)(2); or
	203	+	29 (3) subsection (c)(3);
	204	+	30 the court may notify the bureau of motor vehicles to suspend or revoke
	205	+	31 the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
	206	+	32 period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
	207	+	33 court shall inform the bureau whether the person has been sentenced
	208	+	34 to a term of incarceration. At the time of conviction, the court may
	209	+	35 obtain the person's current driver's license and return the license to the
	210	+	36 bureau of motor vehicles.
	211	+	37 (h) A person may not be charged or convicted of a crime under
	212	+	38 subsection (a)(3) if the law enforcement officer is a school resource
	213	+	39 officer acting in the officer's capacity as a school resource officer.
	214	+	40 (i) A person who commits an offense described in subsection (c)
	215	+	41 commits a separate offense for each person whose bodily injury,
	216	+	42 serious bodily injury, catastrophic injury, or death is caused by a
	217	+	HB 1188—LS 7424/DI 151 6
	218	+	1 violation of subsection (c).
	219	+	2 (j) A court may order terms of imprisonment imposed on a person
	220	+	3 convicted of more than one (1) offense described in subsection (c) to
	221	+	4 run consecutively. Consecutive terms of imprisonment imposed under
	222	+	5 this subsection are not subject to the sentencing restrictions set forth in
	223	+	6 IC 35-50-1-2(c) through IC 35-50-1-2(d).
	224	+	7 (k) As used in this subsection, "family member" means a child,
	225	+	8 grandchild, parent, grandparent, or spouse of the person. It is a defense
	226	+	9 to a prosecution under subsection (b) that the person reasonably
	227	+	10 believed that the person's family member:
	228	+	11 (1) was in the marked off area; and
	229	+	12 (2) had suffered bodily injury or was at risk of suffering bodily
	230	+	13 injury;
	231	+	14 if the person is not charged as a defendant in connection with the
	232	+	15 offense, if applicable, that caused the area to be secured by barrier tape
	233	+	16 or other physical barriers.
	234	+	17 SECTION 3. IC 35-47-4-5, AS AMENDED BY THE TECHNICAL
	235	+	18 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
	236	+	19 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
	237	+	20 Sec. 5. (a) As used in this section, "serious violent felon" means a
	238	+	21 person who has been convicted of committing a serious violent felony.
	239	+	22 (b) As used in this section, "serious violent felony" means:
	240	+	23 (1) murder (IC 35-42-1-1);
	241	+	24 (2) attempted murder (IC 35-41-5-1);
	242	+	25 (3) voluntary manslaughter (IC 35-42-1-3);
	243	+	26 (4) reckless homicide not committed by means of a vehicle
	244	+	27 (IC 35-42-1-5);
	245	+	28 (5) battery (IC 35-42-2-1) as a:
	246	+	29 (A) Class A felony, Class B felony, or Class C felony, for a
	247	+	30 crime committed before July 1, 2014; or
	248	+	31 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
	249	+	32 felony, for a crime committed after June 30, 2014;
	250	+	33 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
	251	+	34 3 felony, Level 4 felony, or Level 5 felony;
	252	+	35 (7) aggravated battery (IC 35-42-2-1.5);
	253	+	36 (8) strangulation (IC 35-42-2-9);
	254	+	37 (9) kidnapping (IC 35-42-3-2);
	255	+	38 (10) criminal confinement (IC 35-42-3-3);
	256	+	39 (11) a human or sexual trafficking offense under IC 35-42-3.5;
	257	+	40 (12) rape (IC 35-42-4-1);
	258	+	41 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
	259	+	42 (14) child molesting (IC 35-42-4-3);
	260	+	HB 1188—LS 7424/DI 151 7
	261	+	1 (15) sexual battery (IC 35-42-4-8) as a:
	262	+	2 (A) Class C felony, for a crime committed before July 1, 2014;
	263	+	3 or
	264	+	4 (B) Level 5 felony, for a crime committed after June 30, 2014;
	265	+	5 (16) robbery (IC 35-42-5-1);
	266	+	6 (17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
	267	+	7 (18) arson (IC 35-43-1-1(a)) as a:
	268	+	8 (A) Class A felony or Class B felony, for a crime committed
	269	+	9 before July 1, 2014; or
	270	+	10 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
	271	+	11 crime committed after June 30, 2014;
	272	+	12 (19) burglary (IC 35-43-2-1) as a:
	273	+	13 (A) Class A felony or Class B felony, for a crime committed
	274	+	14 before July 1, 2014; or
	275	+	15 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
	276	+	16 felony, for a crime committed after June 30, 2014;
	277	+	17 (20) assisting a criminal (IC 35-44.1-2-5) as a:
	278	+	18 (A) Class C felony, for a crime committed before July 1, 2014;
	279	+	19 or
	280	+	20 (B) Level 5 felony, for a crime committed after June 30, 2014;
	281	+	21 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
	282	+	22 (A) Class B felony or Class C felony, for a crime committed
	283	+	23 before July 1, 2014; or
	284	+	24 (B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
	285	+	25 crime committed after June 30, 2014;
	286	+	26 (22) escape (IC 35-44.1-3-4) as a:
	287	+	27 (A) Class B felony or Class C felony, for a crime committed
	288	+	28 before July 1, 2014; or
	289	+	29 (B) Level 4 felony or Level 5 felony, for a crime committed
	290	+	30 after June 30, 2014;
	291	+	31 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
	292	+	32 (A) Class C felony, for a crime committed before July 1, 2014;
	293	+	33 or
	294	+	34 (B) Level 5 felony, for a crime committed after June 30, 2014;
	295	+	35 (24) criminal organization intimidation (IC 35-45-9-4);
	296	+	36 (25) stalking (IC 35-45-10-5) as a:
	297	+	37 (A) Class B felony or Class C felony, for a crime committed
179	298		38 before July 1, 2014; or
180		-	39 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
181		-	40 crime committed after June 30, 2014;
182		-	41 (19) burglary (IC 35-43-2-1) as a:
183		-	42 (A) Class A felony or Class B felony, for a crime committed
184		-	EH 1188—LS 7424/DI 151 5
185		-	1 before July 1, 2014; or
186		-	2 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
187		-	3 felony, for a crime committed after June 30, 2014;
188		-	4 (20) assisting a criminal (IC 35-44.1-2-5) as a:
189		-	5 (A) Class C felony, for a crime committed before July 1, 2014;
190		-	6 or
191		-	7 (B) Level 5 felony, for a crime committed after June 30, 2014;
192		-	8 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
193		-	9 (A) Class B felony or Class C felony, for a crime committed
194		-	10 before July 1, 2014; or
195		-	11 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
196		-	12 felony, for a crime committed after June 30, 2014;
197		-	13 (22) escape (IC 35-44.1-3-4) as a:
198		-	14 (A) Class B felony or Class C felony, for a crime committed
199		-	15 before July 1, 2014; or
200		-	16 (B) Level 4 felony or Level 5 felony, for a crime committed
201		-	17 after June 30, 2014;
202		-	18 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
203		-	19 (A) Class C felony, for a crime committed before July 1, 2014;
204		-	20 or
205		-	21 (B) Level 5 felony, for a crime committed after June 30, 2014;
206		-	22 (24) criminal organization intimidation (IC 35-45-9-4);
207		-	23 (25) stalking (IC 35-45-10-5) as a:
208		-	24 (A) Class B felony or Class C felony, for a crime committed
209		-	25 before July 1, 2014; or
210		-	26 (B) Level 4 felony or Level 5 felony, for a crime committed
211		-	27 after June 30, 2014;
212		-	28 (26) incest (IC 35-46-1-3);
213		-	29 (27) dealing in or manufacturing cocaine or a narcotic drug
214		-	30 (IC 35-48-4-1);
215		-	31 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
216		-	32 manufacturing methamphetamine (IC 35-48-4-1.2);
217		-	33 (29) dealing in a schedule I, II, or III controlled substance
218		-	34 (IC 35-48-4-2);
219		-	35 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
220		-	36 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
221		-	37 or
222		-	38 (32) dealing in a controlled substance resulting in death
223		-	39 (IC 35-42-1-1.5).
224		-	40 (c) A serious violent felon who knowingly or intentionally possesses
225		-	41 a firearm commits unlawful possession of a firearm by a serious violent
226		-	42 felon, a Level 4 felony.
227		-	EH 1188—LS 7424/DI 151 6
	299	+	39 (B) Level 4 felony or Level 5 felony, for a crime committed
	300	+	40 after June 30, 2014;
	301	+	41 (26) incest (IC 35-46-1-3);
	302	+	42 (27) dealing in or manufacturing cocaine or a narcotic drug
	303	+	HB 1188—LS 7424/DI 151 8
	304	+	1 (IC 35-48-4-1);
	305	+	2 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
	306	+	3 manufacturing methamphetamine (IC 35-48-4-1.2);
	307	+	4 (29) dealing in a schedule I, II, or III controlled substance
	308	+	5 (IC 35-48-4-2);
	309	+	6 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
	310	+	7 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
	311	+	8 or
	312	+	9 (32) dealing in a controlled substance resulting in death
	313	+	10 (IC 35-42-1-1.5).
	314	+	11 (c) A serious violent felon who knowingly or intentionally possesses
	315	+	12 a firearm commits unlawful possession of a firearm by a serious violent
	316	+	13 felon, a Level 4 felony.
	317	+	HB 1188—LS 7424/DI 151 9
228	318		COMMITTEE REPORT
229	319		Mr. Speaker: Your Committee on Courts and Criminal Code, to
230	320		which was referred House Bill 1188, has had the same under
231	321		consideration and begs leave to report the same back to the House with
232	322		the recommendation that said bill be amended as follows:
233	323		Page 1, delete lines 1 through 17, begin a new paragraph and insert:
234	324		"SECTION 1. IC 9-30-10-4, AS AMENDED BY P.L.201-2019,
235	325		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
236	326		JULY 1, 2025]: Sec. 4. (a) A person who has accumulated at least two
237	327		(2) judgments within a ten (10) year period for any of the following
238	328		violations, singularly or in combination, and not arising out of the same
239	329		incident, is a habitual violator:
240	330		(1) Reckless homicide resulting from the operation of a motor
241	331		vehicle.
242	332		(2) Voluntary or involuntary manslaughter resulting from the
243	333		operation of a motor vehicle.
244	334		(3) Failure of the operator of a motor vehicle involved in an
245	335		accident resulting in death or injury to any person to stop at the
246	336		scene of the accident and give the required information and
247	337		assistance.
248	338		(4) Operation of a vehicle while intoxicated resulting in death.
249	339		(5) Before July 1, 1997, operation of a vehicle with at least
250	340		ten-hundredths percent (0.10%) alcohol in the blood resulting in
251	341		death.
252	342		(6) After June 30, 1997, and before July 1, 2001, operation of a
253	343		vehicle with an alcohol concentration equivalent to at least
254	344		ten-hundredths (0.10) gram of alcohol per:
255	345		(A) one hundred (100) milliliters of the blood; or
256	346		(B) two hundred ten (210) liters of the breath;
257	347		resulting in death.
258	348		(7) After June 30, 2001, operation of a vehicle with an alcohol
259	349		concentration equivalent to at least eight-hundredths (0.08) gram
260	350		of alcohol per:
261	351		(A) one hundred (100) milliliters of the blood; or
262	352		(B) two hundred ten (210) liters of the breath;
263	353		resulting in death.
264	354		(b) A person who has accumulated at least three (3) judgments
265	355		within a ten (10) year period for any of the following violations,
266	356		singularly or in combination, and not arising out of the same incident,
267	357		is a habitual violator:
268	358		(1) Operation of a vehicle while intoxicated.
269		-	EH 1188—LS 7424/DI 151 7
	359	+	HB 1188—LS 7424/DI 151 10
270	360		(2) Before July 1, 1997, operation of a vehicle with at least
271	361		ten-hundredths percent (0.10%) alcohol in the blood.
272	362		(3) After June 30, 1997, and before July 1, 2001, operation of a
273	363		vehicle with an alcohol concentration equivalent to at least
274	364		ten-hundredths (0.10) gram of alcohol per:
275	365		(A) one hundred (100) milliliters of the blood; or
276	366		(B) two hundred ten (210) liters of the breath.
277	367		(4) After June 30, 2001, operation of a vehicle with an alcohol
278	368		concentration equivalent to at least eight-hundredths (0.08) gram
279	369		of alcohol per:
280	370		(A) one hundred (100) milliliters of the blood; or
281	371		(B) two hundred ten (210) liters of the breath.
282	372		(5) Reckless driving.
283	373		(6) Criminal recklessness as a felony involving the operation of
284	374		a motor vehicle.
285	375		(7) Drag racing or engaging in a speed contest in violation of law.
286	376		(8) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46
287	377		(repealed July 1, 1991), IC 9-26-1-1(1) (repealed January 1,
288	378		2015), IC 9-26-1-1(2) (repealed January 1, 2015), IC 9-26-1-2(1)
289	379		(repealed January 1, 2015), IC 9-26-1-2(2) (repealed January 1,
290	380		2015), IC 9-26-1-3 (repealed January 1, 2015), IC 9-26-1-4
291	381		(repealed January 1, 2015), or IC 9-26-1-1.1.
292	382		(9) Resisting law enforcement under IC 35-44.1-3-1(c)(1)(A),
293	383		IC 35-44.1-3-1(c)(2), IC 35-44.1-3-1(c)(3), or
294	384		IC 35-44.1-3-1(c)(4). IC 35-44.1-3-1(c)(1),
295	385		IC 35-44.1-3-1(c)(2)(C) through IC 35-44.1-3-1(c)(2)(E),
296	386		IC 35-44.1-3-1(c)(3), or IC 35-44.1-3-1(c)(4).
297	387		(10) Any felony under this title or any felony in which the
298	388		operation of a motor vehicle is an element of the offense.
299	389		A judgment for a violation enumerated in subsection (a) shall be added
300	390		to the violations described in this subsection for the purposes of this
301	391		subsection.
302	392		(c) A person who has accumulated at least ten (10) judgments
303	393		within a ten (10) year period for any traffic violation, except a parking
304	394		or an equipment violation, of the type required to be reported to the
305	395		bureau, singularly or in combination, and not arising out of the same
306	396		incident, is a habitual violator. However, at least one (1) of the
307	397		judgments must be for:
308	398		(1) a violation enumerated in subsection (a);
309	399		(2) a violation enumerated in subsection (b);
310	400		(3) operating a motor vehicle while the person's license to do so
311	401		has been suspended or revoked as a result of the person's
312		-	EH 1188—LS 7424/DI 151 8
	402	+	HB 1188—LS 7424/DI 151 11
313	403		conviction of an offense under IC 9-1-4-52 (repealed July 1,
314	404		1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-2, or
315	405		IC 9-24-19-3; or
316	406		(4) operating a motor vehicle without ever having obtained a
317	407		license to do so.
318	408		A judgment for a violation enumerated in subsection (a) or (b) shall be
319	409		added to the judgments described in this subsection for the purposes of
320	410		this subsection.
321	411		(d) For purposes of this section, a judgment includes a judgment in
322	412		any other jurisdiction in which the elements of the offense for which
323	413		the conviction was entered are substantially similar to the elements of
324	414		the offenses described in subsections (a), (b), and (c).
325	415		(e) For purposes of this section, the offense date is used when
326	416		determining the number of judgments accumulated within a ten (10)
327	417		year period.
328	418		SECTION 2. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
329	419		SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
330	420		JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
331	421		(1) forcibly resists, obstructs, or interferes with a law enforcement
332	422		officer or a person assisting the officer while the officer is
333	423		lawfully engaged in the execution of the officer's duties;
334	424		(2) forcibly resists, obstructs, or interferes with the authorized
335	425		service or execution of a civil or criminal process or order of a
336	426		court; or
337	427		(3) flees from a law enforcement officer after the officer has, by
338	428		visible or audible means, including operation of the law
339	429		enforcement officer's siren or emergency lights, identified himself
340	430		or herself and ordered the person to stop;
341	431		commits resisting law enforcement, a Class A misdemeanor, except as
342	432		provided in subsection (c).
343	433		(b) A person who, having been denied entry by a firefighter, an
344	434		emergency medical services provider, or a law enforcement officer,
345	435		knowingly or intentionally enters an area that is marked off with barrier
346	436		tape or other physical barriers, commits interfering with public safety,
347	437		a Class B misdemeanor, except as provided in subsection (c) or (k).
348	438		(c) The offense under subsection (a) or (b) is a:
349	439		(1) Level 6 felony if (A) the person uses a vehicle to commit the
350	440		offense; or
351	441		(B) (2) Level 5 felony if: while committing the offense, the
352	442		person:
353	443		(i) (A) while committing the offense, the person draws or
354	444		uses a deadly weapon;
355		-	EH 1188—LS 7424/DI 151 9
	445	+	HB 1188—LS 7424/DI 151 12
356	446		(ii) (B) while committing the offense, the person inflicts
357	447		bodily injury on or otherwise causes bodily injury to another
358	448		person; or
359	449		(iii) (C) while committing the offense, the person operates
360	450		a vehicle in a manner that creates a substantial risk of bodily
361	451		injury to another person;
362	452		(2) Level 5 felony if:
363	453		(A) (D) while committing the offense, the person operates a
364	454		vehicle in a manner that causes serious bodily injury to another
365	455		person; or
366	456		(B) (E) the person uses a vehicle to commit the offense and the
367	457		person has a prior unrelated conviction under this section
368	458		involving the use of a vehicle in the commission of the
369	459		offense;
370	460		(3) Level 3 felony if, while committing the offense, the person
371	461		operates a vehicle in a manner that causes the death or
372	462		catastrophic injury of another person; and
373	463		(4) Level 2 felony if, while committing any offense described in
374	464		subsection (a), the person operates a vehicle in a manner that
375	465		causes the death or catastrophic injury of a firefighter, an
376	466		emergency medical services provider, or a law enforcement
377	467		officer while the firefighter, emergency medical services provider,
378	468		or law enforcement officer is engaged in the firefighter's,
379	469		emergency medical services provider's, or officer's official duties.
380	470		(d) The offense under subsection (a) is a Level 6 felony if, while
381	471		committing an offense under:
382	472		(1) subsection (a)(1) or (a)(2), the person:
383	473		(A) creates a substantial risk of bodily injury to the person or
384	474		another person; and
385	475		(B) has two (2) or more prior unrelated convictions under
386	476		subsection (a); or
387	477		(2) subsection (a)(3), the person has two (2) or more prior
388	478		unrelated convictions under subsection (a).
389	479		(e) If a person uses a vehicle to commit a felony offense under
390	480		subsection (c)(1)(B), (c)(1), (c)(2), (c)(3), or (c)(4), as part of the
391	481		criminal penalty imposed for the offense, the court shall impose a
392	482		minimum executed sentence of at least:
393	483		(1) thirty (30) days, if the person does not have a prior unrelated
394	484		conviction under this section;
395	485		(2) one hundred eighty (180) days, if the person has one (1) prior
396	486		unrelated conviction under this section; or
397	487		(3) one (1) year, if the person has two (2) or more prior unrelated
398		-	EH 1188—LS 7424/DI 151 10
	488	+	HB 1188—LS 7424/DI 151 13
399	489		convictions under this section.
400	490		(f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
401	491		minimum sentence imposed under subsection (e) may not be
402	492		suspended.
403	493		(g) If a person is convicted of an offense involving the use of a
404	494		motor vehicle under:
405	495		(1) subsection (c)(1)(A), subsection (c)(1), if the person exceeded
406	496		the speed limit by at least twenty (20) miles per hour while
407	497		committing the offense;
408	498		(2) subsection (c)(2); or
409	499		(3) subsection (c)(3);
410	500		the court may notify the bureau of motor vehicles to suspend or revoke
411	501		the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
412	502		period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
413	503		court shall inform the bureau whether the person has been sentenced
414	504		to a term of incarceration. At the time of conviction, the court may
415	505		obtain the person's current driver's license and return the license to the
416	506		bureau of motor vehicles.
417	507		(h) A person may not be charged or convicted of a crime under
418	508		subsection (a)(3) if the law enforcement officer is a school resource
419	509		officer acting in the officer's capacity as a school resource officer.
420	510		(i) A person who commits an offense described in subsection (c)
421	511		commits a separate offense for each person whose bodily injury,
422	512		serious bodily injury, catastrophic injury, or death is caused by a
423	513		violation of subsection (c).
424	514		(j) A court may order terms of imprisonment imposed on a person
425	515		convicted of more than one (1) offense described in subsection (c) to
426	516		run consecutively. Consecutive terms of imprisonment imposed under
427	517		this subsection are not subject to the sentencing restrictions set forth in
428	518		IC 35-50-1-2(c) through IC 35-50-1-2(d).
429	519		(k) As used in this subsection, "family member" means a child,
430	520		grandchild, parent, grandparent, or spouse of the person. It is a defense
431	521		to a prosecution under subsection (b) that the person reasonably
432	522		believed that the person's family member:
433	523		(1) was in the marked off area; and
434	524		(2) had suffered bodily injury or was at risk of suffering bodily
435	525		injury;
436	526		if the person is not charged as a defendant in connection with the
437	527		offense, if applicable, that caused the area to be secured by barrier tape
438	528		or other physical barriers.".
439	529		Delete pages 2 through 3.
440	530		Page 4, delete lines 1 through 3.
441		-	EH 1188—LS 7424/DI 151 11
	531	+	HB 1188—LS 7424/DI 151 14
442	532		Page 5, line 11, delete "Level 4 felony,".
443	533		Renumber all SECTIONS consecutively.
444	534		and when so amended that said bill do pass.
445	535		(Reference is to HB 1188 as introduced.)
446	536		MCNAMARA
447	537		Committee Vote: yeas 13, nays 0.
448		-	_____
449		-	COMMITTEE REPORT
450		-	Mr. President: The Senate Committee on Corrections and Criminal
451		-	Law, to which was referred House Bill No. 1188, has had the same
452		-	under consideration and begs leave to report the same back to the
453		-	Senate with the recommendation that said bill be AMENDED as
454		-	follows:
455		-	Page 1, delete lines 1 through 17, begin a new paragraph and insert:
456		-	"SECTION 1. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
457		-	SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
458		-	JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
459		-	(1) forcibly resists, obstructs, or interferes with a law enforcement
460		-	officer or a person assisting the officer while the officer is
461		-	lawfully engaged in the execution of the officer's duties;
462		-	(2) forcibly resists, obstructs, or interferes with the authorized
463		-	service or execution of a civil or criminal process or order of a
464		-	court; or
465		-	(3) flees from a law enforcement officer after the officer has, by
466		-	visible or audible means, including operation of the law
467		-	enforcement officer's siren or emergency lights, identified himself
468		-	or herself and ordered the person to stop;
469		-	commits resisting law enforcement, a Class A misdemeanor, except as
470		-	provided in subsection (c).
471		-	(b) A person who, having been denied entry by a firefighter, an
472		-	emergency medical services provider, or a law enforcement officer,
473		-	knowingly or intentionally enters an area that is marked off with barrier
474		-	tape or other physical barriers, commits interfering with public safety,
475		-	a Class B misdemeanor, except as provided in subsection (c) or (k).
476		-	(c) The offense under subsection (a) or (b) is a:
477		-	(1) Level 6 Level 5 felony if:
478		-	EH 1188—LS 7424/DI 151 12
479		-	(A) the person uses a vehicle to commit the offense; or
480		-	(B) while committing the offense, the person:
481		-	(i) draws or uses a deadly weapon;
482		-	(ii) inflicts moderate bodily injury on or otherwise causes
483		-	moderate bodily injury to another person; or
484		-	(iii) operates a vehicle in a manner that creates a substantial
485		-	risk of bodily injury to another person;
486		-	(2) Level 5 Level 4 felony if:
487		-	(A) while committing the offense, the person operates a
488		-	vehicle in a manner that causes serious bodily injury to another
489		-	person; or
490		-	(B) the person uses a vehicle to commit the offense and the
491		-	person has a prior unrelated conviction under this section
492		-	involving the use of a vehicle in the commission of the
493		-	offense;
494		-	(3) Level 3 felony if, while committing the offense, the person
495		-	operates a vehicle in a manner that causes the death or
496		-	catastrophic injury of another person; and
497		-	(4) Level 2 felony if, while committing any offense described in
498		-	subsection (a), the person operates a vehicle in a manner that
499		-	causes the death or catastrophic injury of a firefighter, an
500		-	emergency medical services provider, or a law enforcement
501		-	officer while the firefighter, emergency medical services provider,
502		-	or law enforcement officer is engaged in the firefighter's,
503		-	emergency medical services provider's, or officer's official duties.
504		-	(d) The offense under subsection (a) is a Level 6 felony if, while
505		-	committing an offense under:
506		-	(1) subsection (a)(1) or (a)(2), the person:
507		-	(A) creates a substantial risk of bodily injury to the person or
508		-	another person; and
509		-	(B) has two (2) or more prior unrelated convictions under
510		-	subsection (a); or
511		-	(2) subsection (a)(3), the person has two (2) or more prior
512		-	unrelated convictions under subsection (a).
513		-	(e) If a person uses a vehicle to commit a felony offense under
514		-	subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
515		-	penalty imposed for the offense, the court shall impose a minimum
516		-	executed sentence of at least:
517		-	(1) thirty (30) days, if the person does not have a prior unrelated
518		-	conviction under this section;
519		-	(2) one hundred eighty (180) days, if the person has one (1) prior
520		-	unrelated conviction under this section; or
521		-	EH 1188—LS 7424/DI 151 13
522		-	(3) one (1) year, if the person has two (2) or more prior unrelated
523		-	convictions under this section.
524		-	(f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
525		-	minimum sentence imposed under subsection (e) may not be
526		-	suspended.
527		-	(g) If a person is convicted of an offense involving the use of a
528		-	motor vehicle under:
529		-	(1) subsection (c)(1)(A), if the person exceeded the speed limit by
530		-	at least twenty (20) miles per hour while committing the offense;
531		-	(2) subsection (c)(2); or
532		-	(3) subsection (c)(3);
533		-	the court may notify the bureau of motor vehicles to suspend or revoke
534		-	the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
535		-	period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
536		-	court shall inform the bureau whether the person has been sentenced
537		-	to a term of incarceration. At the time of conviction, the court may
538		-	obtain the person's current driver's license and return the license to the
539		-	bureau of motor vehicles.
540		-	(h) A person may not be charged or convicted of a crime under
541		-	subsection (a)(3) if the law enforcement officer is a school resource
542		-	officer acting in the officer's capacity as a school resource officer.
543		-	(i) A person who commits an offense described in subsection (c)
544		-	commits a separate offense for each person whose bodily injury,
545		-	serious bodily injury, catastrophic injury, or death is caused by a
546		-	violation of subsection (c).
547		-	(j) A court may order terms of imprisonment imposed on a person
548		-	convicted of more than one (1) offense described in subsection (c) to
549		-	run consecutively. Consecutive terms of imprisonment imposed under
550		-	this subsection are not subject to the sentencing restrictions set forth in
551		-	IC 35-50-1-2(c) through IC 35-50-1-2(d).
552		-	(k) As used in this subsection, "family member" means a child,
553		-	grandchild, parent, grandparent, or spouse of the person. It is a defense
554		-	to a prosecution under subsection (b) that the person reasonably
555		-	believed that the person's family member:
556		-	(1) was in the marked off area; and
557		-	(2) had suffered bodily injury or was at risk of suffering bodily
558		-	injury;
559		-	if the person is not charged as a defendant in connection with the
560		-	offense, if applicable, that caused the area to be secured by barrier tape
561		-	or other physical barriers.".
562		-	Delete pages 2 through 5.
563		-	Page 6, delete lines 1 through 16.
564		-	EH 1188—LS 7424/DI 151 14
565		-	Page 7, line 24, after "Level 3 felony," insert "Level 4 felony,".
566		-	Renumber all SECTIONS consecutively.
567		-	and when so amended that said bill do pass and be reassigned to the
568		-	Senate Committee on Appropriations.
569		-	(Reference is to HB 1188 as printed February 13, 2025.)
570		-	FREEMAN, Chairperson
571		-	Committee Vote: Yeas 7, Nays 1.
572		-	EH 1188—LS 7424/DI 151
	538	+	HB 1188—LS 7424/DI 151