Introduced Version
HOUSE BILL No. 1294
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-30-2.1-553; IC 35-33-1-4; IC 35-41-3-3;
IC 35-47-4-3.
Synopsis: Citizen's arrests. Prohibits citizen's arrests. Makes
conforming amendments.
Effective: July 1, 2025.
Harris
January 13, 2025, read first time and referred to Committee on Courts and Criminal Code.
2025 IN 1294—LS 7579/DI 106 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1294
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 34-30-2.1-553 IS REPEALED [EFFECTIVE JULY
2 1, 2025]. Sec. 553. IC 35-33-1-4 (Concerning a law enforcement
3 officer who receives or processes a person arrested by a person other
4 than the law enforcement officer).
5 SECTION 2. IC 35-33-1-4 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) Any A person
7 who is not a law enforcement officer may not arrest any other
8 another person. if:
9 (1) the other person committed a felony in his presence;
10 (2) a felony has been committed and he has probable cause to
11 believe that the other person has committed that felony; or
12 (3) a misdemeanor involving a breach of peace is being
13 committed in his presence and the arrest is necessary to prevent
14 the continuance of the breach of peace.
15 (b) A person making an arrest under this section shall, as soon as
16 practical, notify a law enforcement officer and deliver custody of the
17 person arrested to a law enforcement officer.
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1 (c) The law enforcement officer may process the arrested person as
2 if the officer had arrested him. The officer who receives or processes
3 a person arrested by another under this section is not liable for false
4 arrest or false imprisonment.
5 SECTION 3. IC 35-41-3-3, AS AMENDED BY P.L.12-2021,
6 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 3. (a) The following definitions apply throughout
8 this section:
9 (1) "Chokehold" means applying pressure to the throat or neck of
10 another person in a manner intended to obstruct the airway of the
11 other person.
12 (2) "Deadly force" includes a chokehold.
13 (b) A person other than a law enforcement officer is justified in
14 using reasonable force against another person to effect an arrest or
15 prevent the other person's escape if:
16 (1) a felony has been committed; and
17 (2) there is probable cause to believe the other person committed
18 that felony.
19 However, such a person is not justified in using deadly force unless that
20 force is justified under section 2 of this chapter.
21 (c) (b) A law enforcement officer is justified in using reasonable
22 force if the officer reasonably believes that the force is necessary to
23 enforce a criminal law or to effect a lawful arrest. However, an officer
24 is justified in using deadly force only if the officer:
25 (1) has probable cause to believe that that deadly force is
26 necessary:
27 (A) to prevent the commission of a forcible felony; or
28 (B) to effect an arrest of a person who the officer has probable
29 cause to believe poses a threat of serious bodily injury to the
30 officer or a third person; and
31 (2) has given a warning, if feasible, to the person against whom
32 the deadly force is to be used.
33 (d) (c) A law enforcement officer making an arrest under an invalid
34 warrant is justified in using force as if the warrant was valid, unless the
35 officer knows that the warrant is invalid.
36 (e) (d) A law enforcement officer who has an arrested person in
37 custody is justified in using the same force to prevent the escape of the
38 arrested person from custody that the officer would be justified in using
39 if the officer was arresting that person. However, an officer is justified
40 in using deadly force only if the officer:
41 (1) has probable cause to believe that deadly force is necessary to
42 prevent the escape from custody of a person who the officer has
2025 IN 1294—LS 7579/DI 106 3
1 probable cause to believe poses a threat of serious bodily injury
2 to the officer or a third person; and
3 (2) has given a warning, if feasible, to the person against whom
4 the deadly force is to be used.
5 (f) (e) A guard or other official in a penal facility or a law
6 enforcement officer is justified in using reasonable force, including
7 deadly force, if the officer has probable cause to believe that the force
8 is necessary to prevent the escape of a person who is detained in the
9 penal facility.
10 (g) (f) Notwithstanding subsection (c), (b), (d), or (e), or (f), a
11 guard, penal facility official, or law enforcement officer who is a
12 defendant in a criminal prosecution has the same right as a person who
13 is not a guard, penal facility official, or law enforcement officer to
14 assert self-defense under IC 35-41-3-2. section 2 of this chapter.
15 SECTION 4. IC 35-47-4-3, AS AMENDED BY P.L.158-2013,
16 SECTION 589, IS AMENDED TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) This section does not apply
18 to a law enforcement officer who is acting within the scope of the law
19 enforcement officer's official duties or to a person who is justified in
20 using reasonable force against another person under
21 (1) IC 35-41-3-2 (self-defense). or
22 (2) IC 35-41-3-3.
23 (b) A person who knowingly or intentionally points a firearm at
24 another person commits a Level 6 felony. However, the offense is a
25 Class A misdemeanor if the firearm was not loaded.
2025 IN 1294—LS 7579/DI 106