Indiana 2025 Regular Session

Indiana House Bill HB1294 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1294
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 34-30-2.1-553; IC 35-33-1-4; IC 35-41-3-3;
7	7	IC 35-47-4-3.
8	8	Synopsis: Citizen's arrests. Prohibits citizen's arrests. Makes
9	9	conforming amendments.
10	10	Effective: July 1, 2025.
11	11	Harris
12	12	January 13, 2025, read first time and referred to Committee on Courts and Criminal Code.
13	13	2025 IN 1294—LS 7579/DI 106 Introduced
14	14	First Regular Session of the 124th General Assembly (2025)
15	15	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
16	16	Constitution) is being amended, the text of the existing provision will appear in this style type,
17	17	additions will appear in this style type, and deletions will appear in this style type.
18	18	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
19	19	provision adopted), the text of the new provision will appear in this style type. Also, the
20	20	word NEW will appear in that style type in the introductory clause of each SECTION that adds
21	21	a new provision to the Indiana Code or the Indiana Constitution.
22	22	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
23	23	between statutes enacted by the 2024 Regular Session of the General Assembly.
24	24	HOUSE BILL No. 1294
25	25	A BILL FOR AN ACT to amend the Indiana Code concerning
26	26	criminal law and procedure.
27	27	Be it enacted by the General Assembly of the State of Indiana:
28	28	1 SECTION 1. IC 34-30-2.1-553 IS REPEALED [EFFECTIVE JULY
29	29	2 1, 2025]. Sec. 553. IC 35-33-1-4 (Concerning a law enforcement
30	30	3 officer who receives or processes a person arrested by a person other
31	31	4 than the law enforcement officer).
32	32	5 SECTION 2. IC 35-33-1-4 IS AMENDED TO READ AS
33	33	6 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) Any A person
34	34	7 who is not a law enforcement officer may not arrest any other
35	35	8 another person. if:
36	36	9 (1) the other person committed a felony in his presence;
37	37	10 (2) a felony has been committed and he has probable cause to
38	38	11 believe that the other person has committed that felony; or
39	39	12 (3) a misdemeanor involving a breach of peace is being
40	40	13 committed in his presence and the arrest is necessary to prevent
41	41	14 the continuance of the breach of peace.
42	42	15 (b) A person making an arrest under this section shall, as soon as
43	43	16 practical, notify a law enforcement officer and deliver custody of the
44	44	17 person arrested to a law enforcement officer.
45	45	2025 IN 1294—LS 7579/DI 106 2
46	46	1 (c) The law enforcement officer may process the arrested person as
47	47	2 if the officer had arrested him. The officer who receives or processes
48	48	3 a person arrested by another under this section is not liable for false
49	49	4 arrest or false imprisonment.
50	50	5 SECTION 3. IC 35-41-3-3, AS AMENDED BY P.L.12-2021,
51	51	6 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
52	52	7 JULY 1, 2025]: Sec. 3. (a) The following definitions apply throughout
53	53	8 this section:
54	54	9 (1) "Chokehold" means applying pressure to the throat or neck of
55	55	10 another person in a manner intended to obstruct the airway of the
56	56	11 other person.
57	57	12 (2) "Deadly force" includes a chokehold.
58	58	13 (b) A person other than a law enforcement officer is justified in
59	59	14 using reasonable force against another person to effect an arrest or
60	60	15 prevent the other person's escape if:
61	61	16 (1) a felony has been committed; and
62	62	17 (2) there is probable cause to believe the other person committed
63	63	18 that felony.
64	64	19 However, such a person is not justified in using deadly force unless that
65	65	20 force is justified under section 2 of this chapter.
66	66	21 (c) (b) A law enforcement officer is justified in using reasonable
67	67	22 force if the officer reasonably believes that the force is necessary to
68	68	23 enforce a criminal law or to effect a lawful arrest. However, an officer
69	69	24 is justified in using deadly force only if the officer:
70	70	25 (1) has probable cause to believe that that deadly force is
71	71	26 necessary:
72	72	27 (A) to prevent the commission of a forcible felony; or
73	73	28 (B) to effect an arrest of a person who the officer has probable
74	74	29 cause to believe poses a threat of serious bodily injury to the
75	75	30 officer or a third person; and
76	76	31 (2) has given a warning, if feasible, to the person against whom
77	77	32 the deadly force is to be used.
78	78	33 (d) (c) A law enforcement officer making an arrest under an invalid
79	79	34 warrant is justified in using force as if the warrant was valid, unless the
80	80	35 officer knows that the warrant is invalid.
81	81	36 (e) (d) A law enforcement officer who has an arrested person in
82	82	37 custody is justified in using the same force to prevent the escape of the
83	83	38 arrested person from custody that the officer would be justified in using
84	84	39 if the officer was arresting that person. However, an officer is justified
85	85	40 in using deadly force only if the officer:
86	86	41 (1) has probable cause to believe that deadly force is necessary to
87	87	42 prevent the escape from custody of a person who the officer has
88	88	2025 IN 1294—LS 7579/DI 106 3
89	89	1 probable cause to believe poses a threat of serious bodily injury
90	90	2 to the officer or a third person; and
91	91	3 (2) has given a warning, if feasible, to the person against whom
92	92	4 the deadly force is to be used.
93	93	5 (f) (e) A guard or other official in a penal facility or a law
94	94	6 enforcement officer is justified in using reasonable force, including
95	95	7 deadly force, if the officer has probable cause to believe that the force
96	96	8 is necessary to prevent the escape of a person who is detained in the
97	97	9 penal facility.
98	98	10 (g) (f) Notwithstanding subsection (c), (b), (d), or (e), or (f), a
99	99	11 guard, penal facility official, or law enforcement officer who is a
100	100	12 defendant in a criminal prosecution has the same right as a person who
101	101	13 is not a guard, penal facility official, or law enforcement officer to
102	102	14 assert self-defense under IC 35-41-3-2. section 2 of this chapter.
103	103	15 SECTION 4. IC 35-47-4-3, AS AMENDED BY P.L.158-2013,
104	104	16 SECTION 589, IS AMENDED TO READ AS FOLLOWS
105	105	17 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) This section does not apply
106	106	18 to a law enforcement officer who is acting within the scope of the law
107	107	19 enforcement officer's official duties or to a person who is justified in
108	108	20 using reasonable force against another person under
109	109	21 (1) IC 35-41-3-2 (self-defense). or
110	110	22 (2) IC 35-41-3-3.
111	111	23 (b) A person who knowingly or intentionally points a firearm at
112	112	24 another person commits a Level 6 felony. However, the offense is a
113	113	25 Class A misdemeanor if the firearm was not loaded.
114	114	2025 IN 1294—LS 7579/DI 106