| 1 | 1 | | |
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| 2 | 2 | | Introduced Version |
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| 3 | 3 | | HOUSE BILL No. 1369 |
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| 4 | 4 | | _____ |
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| 5 | 5 | | DIGEST OF INTRODUCED BILL |
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| 6 | 6 | | Citations Affected: IC 36-1-33. |
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| 7 | 7 | | Synopsis: Battery charged fences. Prohibits a county, city, or town |
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| 8 | 8 | | from adopting or enforcing an ordinance or resolution that prohibits or |
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| 9 | 9 | | imposes requirements on certain battery charged fences. |
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| 10 | 10 | | Effective: July 1, 2025. |
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| 11 | 11 | | Miller D |
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| 12 | 12 | | January 13, 2025, read first time and referred to Committee on Local Government. |
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| 13 | 13 | | 2025 IN 1369—LS 6689/DI 87 Introduced |
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| 14 | 14 | | First Regular Session of the 124th General Assembly (2025) |
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| 15 | 15 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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| 16 | 16 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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| 17 | 17 | | additions will appear in this style type, and deletions will appear in this style type. |
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| 18 | 18 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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| 19 | 19 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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| 20 | 20 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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| 21 | 21 | | a new provision to the Indiana Code or the Indiana Constitution. |
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| 22 | 22 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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| 23 | 23 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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| 24 | 24 | | HOUSE BILL No. 1369 |
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| 25 | 25 | | A BILL FOR AN ACT to amend the Indiana Code concerning local |
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| 26 | 26 | | government. |
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| 27 | 27 | | Be it enacted by the General Assembly of the State of Indiana: |
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| 28 | 28 | | 1 SECTION 1. IC 36-1-33 IS ADDED TO THE INDIANA CODE AS |
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| 29 | 29 | | 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 30 | 30 | | 3 1, 2025]: |
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| 31 | 31 | | 4 Chapter 33. Battery Charged Fences |
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| 32 | 32 | | 5 Sec. 1. As used in this chapter, "alarm system" means any |
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| 33 | 33 | | 6 electrical, mechanical, or electronic device or sensor to prevent, |
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| 34 | 34 | | 7 detect, or alert law enforcement or occupants of burglary, theft, or |
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| 35 | 35 | | 8 intrusion of a structure or a vehicle used as a commercial |
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| 36 | 36 | | 9 structure. |
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| 37 | 37 | | 10 Sec. 2. As used in this chapter, "battery charged fence" means |
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| 38 | 38 | | 11 a fence that: |
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| 39 | 39 | | 12 (1) interfaces with an alarm system in a manner that enables |
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| 40 | 40 | | 13 the fence to cause the connected alarm system to transmit a |
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| 41 | 41 | | 14 signal intended to summon law enforcement in response to an |
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| 42 | 42 | | 15 intrusion on the property; and |
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| 43 | 43 | | 16 (2) has an energizer driven by battery. |
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| 44 | 44 | | 17 Sec. 3. As used in this chapter, "IEC standards" means the |
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| 45 | 45 | | 2025 IN 1369—LS 6689/DI 87 2 |
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| 46 | 46 | | 1 International Electrotechnical Commission (IEC) standards as |
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| 47 | 47 | | 2 published on June 30, 2025. |
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| 48 | 48 | | 3 Sec. 4. As used in this chapter, "unit" means a county, city, or |
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| 49 | 49 | | 4 town. |
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| 50 | 50 | | 5 Sec. 5. (a) This section applies only to a battery charged fence |
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| 51 | 51 | | 6 that: |
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| 52 | 52 | | 7 (1) uses a battery that does not exceed twelve (12) volts of |
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| 53 | 53 | | 8 direct current; |
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| 54 | 54 | | 9 (2) produces an electric charge on contact that does not |
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| 55 | 55 | | 10 exceed energizer characteristics set for electric fence |
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| 56 | 56 | | 11 energizers by the IEC standards; |
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| 57 | 57 | | 12 (3) is completely surrounded by a nonelectric perimeter fence |
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| 58 | 58 | | 13 or wall that is at least five (5) feet in height; |
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| 59 | 59 | | 14 (4) is not higher than the greater of: |
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| 60 | 60 | | 15 (A) ten (10) feet in height; or |
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| 61 | 61 | | 16 (B) two (2) feet higher than the height of the nonelectric |
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| 62 | 62 | | 17 perimeter fence or wall described in subdivision (3); and |
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| 63 | 63 | | 18 (5) has conspicuous warning signs that: |
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| 64 | 64 | | 19 (A) are located at not more than thirty (30) foot intervals |
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| 65 | 65 | | 20 on the battery charged fence; and |
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| 66 | 66 | | 21 (B) read: "WARNING: ELECTRIC FENCE". |
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| 67 | 67 | | 22 (b) A unit may not adopt or enforce an ordinance or resolution |
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| 68 | 68 | | 23 that does any of the following with regard to a battery charged |
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| 69 | 69 | | 24 fence described in subsection (a): |
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| 70 | 70 | | 25 (1) Prohibits the installation or use of a battery charged fence. |
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| 71 | 71 | | 26 (2) Requires separate permits issued by the unit for: |
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| 72 | 72 | | 27 (A) an alarm system; and |
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| 73 | 73 | | 28 (B) a battery charged fence; |
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| 74 | 74 | | 29 that are connected to one another. A unit that issues a permit |
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| 75 | 75 | | 30 for a battery charged fence must issue a single permit that |
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| 76 | 76 | | 31 covers both the alarm system and the connected battery |
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| 77 | 77 | | 32 charged fence. |
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| 78 | 78 | | 33 (3) Imposes installation or operational requirements |
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| 79 | 79 | | 34 inconsistent with IEC standards for: |
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| 80 | 80 | | 35 (A) a battery charged fence; or |
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| 81 | 81 | | 36 (B) an alarm system connected to a battery charged fence. |
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| 82 | 82 | | 2025 IN 1369—LS 6689/DI 87 |
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