Indiana 2025 2025 Regular Session

Indiana House Bill HB1369 Introduced / Bill

Filed 01/10/2025

                     
Introduced Version
HOUSE BILL No. 1369
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 36-1-33.
Synopsis:  Battery charged fences. Prohibits a county, city, or town
from adopting or enforcing an ordinance or resolution that prohibits or
imposes requirements on certain battery charged fences.
Effective:  July 1, 2025.
Miller D
January 13, 2025, read first time and referred to Committee on Local Government.
2025	IN 1369—LS 6689/DI 87 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1369
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 36-1-33 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]:
4 Chapter 33. Battery Charged Fences
5 Sec. 1. As used in this chapter, "alarm system" means any
6 electrical, mechanical, or electronic device or sensor to prevent,
7 detect, or alert law enforcement or occupants of burglary, theft, or
8 intrusion of a structure or a vehicle used as a commercial
9 structure.
10 Sec. 2. As used in this chapter, "battery charged fence" means
11 a fence that:
12 (1) interfaces with an alarm system in a manner that enables
13 the fence to cause the connected alarm system to transmit a
14 signal intended to summon law enforcement in response to an
15 intrusion on the property; and
16 (2) has an energizer driven by battery.
17 Sec. 3. As used in this chapter, "IEC standards" means the
2025	IN 1369—LS 6689/DI 87 2
1 International Electrotechnical Commission (IEC) standards as
2 published on June 30, 2025.
3 Sec. 4. As used in this chapter, "unit" means a county, city, or
4 town.
5 Sec. 5. (a) This section applies only to a battery charged fence
6 that:
7 (1) uses a battery that does not exceed twelve (12) volts of
8 direct current;
9 (2) produces an electric charge on contact that does not
10 exceed energizer characteristics set for electric fence
11 energizers by the IEC standards;
12 (3) is completely surrounded by a nonelectric perimeter fence
13 or wall that is at least five (5) feet in height;
14 (4) is not higher than the greater of:
15 (A) ten (10) feet in height; or
16 (B) two (2) feet higher than the height of the nonelectric
17 perimeter fence or wall described in subdivision (3); and
18 (5) has conspicuous warning signs that:
19 (A) are located at not more than thirty (30) foot intervals
20 on the battery charged fence; and
21 (B) read: "WARNING: ELECTRIC FENCE".
22 (b) A unit may not adopt or enforce an ordinance or resolution
23 that does any of the following with regard to a battery charged
24 fence described in subsection (a):
25 (1) Prohibits the installation or use of a battery charged fence.
26 (2) Requires separate permits issued by the unit for:
27 (A) an alarm system; and
28 (B) a battery charged fence;
29 that are connected to one another. A unit that issues a permit
30 for a battery charged fence must issue a single permit that
31 covers both the alarm system and the connected battery
32 charged fence.
33 (3) Imposes installation or operational requirements
34 inconsistent with IEC standards for:
35 (A) a battery charged fence; or
36 (B) an alarm system connected to a battery charged fence.
2025	IN 1369—LS 6689/DI 87