Indiana 2025 Regular Session

Indiana Senate Bill SB0198 Compare Versions

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1+*ES0198.1*
2+March 20, 2025
3+ENGROSSED
4+SENATE BILL No. 198
5+_____
6+DIGEST OF SB 198 (Updated March 19, 2025 12:13 pm - DI 106)
7+Citations Affected: IC 35-44.1.
8+Synopsis: Crime of swatting. Specifies that, for purposes of the crime
9+of false informing, hindering a "law enforcement process" includes
10+causing a law enforcement officer to be dispatched. Enhances the
11+penalty for making a false report that a person is dangerous to a Level
12+6 felony if the offense would cause a reasonable person to feel
13+terrorized, frightened, intimidated, or threatened.
14+Effective: July 1, 2025.
15+Freeman, Koch, Buck
16+(HOUSE SPONSOR — IRELAND)
17+January 8, 2025, read first time and referred to Committee on Corrections and Criminal
18+Law.
19+February 4, 2025, reported favorably — Do Pass.
20+February 10, 2025, read second time, ordered engrossed. Engrossed.
21+February 11, 2025, read third time, passed. Yeas 47, nays 1.
22+HOUSE ACTION
23+March 3, 2025, read first time and referred to Committee on Courts and Criminal Code.
24+March 20, 2025, amended, reported — Do Pass.
25+ES 198—LS 6659/DI 106 March 20, 2025
126 First Regular Session of the 124th General Assembly (2025)
227 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
328 Constitution) is being amended, the text of the existing provision will appear in this style type,
429 additions will appear in this style type, and deletions will appear in this style type.
530 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
631 provision adopted), the text of the new provision will appear in this style type. Also, the
732 word NEW will appear in that style type in the introductory clause of each SECTION that adds
833 a new provision to the Indiana Code or the Indiana Constitution.
934 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1035 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 198
12-AN ACT to amend the Indiana Code concerning criminal law and
13-procedure.
36+ENGROSSED
37+SENATE BILL No. 198
38+A BILL FOR AN ACT to amend the Indiana Code concerning
39+criminal law and procedure.
1440 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 35-44.1-2-3, AS AMENDED BY P.L.104-2024,
16-SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2025]: Sec. 3. (a) As used in this section, "consumer product"
18-has the meaning set forth in IC 35-45-8-1.
19-(b) As used in this section, "misconduct" means a violation of a
20-departmental rule or procedure of a law enforcement agency.
21-(c) A person who reports that:
22-(1) the person or another person has placed or intends to place an
23-explosive, a destructive device, or other destructive substance in
24-a building or transportation facility;
25-(2) there has been or there will be tampering with a consumer
26-product introduced into commerce; or
27-(3) there has been or will be placed or introduced a weapon of
28-mass destruction in a building or a place of assembly;
29-knowing the report to be false, commits false reporting, a Level 6
30-felony.
31-(d) A person who:
32-(1) gives:
33-(A) a false report of the commission of a crime; or
34-(B) false information to a law enforcement officer that relates
35-to the commission of a crime;
36-SEA 198 — Concur 2
37-knowing the report or information to be false;
38-(2) gives a false alarm of fire to the fire department of a
39-governmental entity, knowing the alarm to be false;
40-(3) makes a false request for ambulance service to an ambulance
41-service provider, knowing the request to be false;
42-(4) gives a false report concerning a missing child (as defined in
43-IC 10-13-5-4), missing veteran at risk (as defined in
44-IC 12-7-2-197.3), or missing endangered adult (as defined in
45-IC 12-7-2-131.3) or gives false information to a law enforcement
46-officer or a governmental entity that relates to a missing child,
47-missing veteran at risk, or missing endangered adult knowing the
48-report or information to be false;
49-(5) makes a complaint against a law enforcement officer to the
50-state or municipality (as defined in IC 8-1-13-3(b)) that employs
51-the officer:
52-(A) alleging the officer engaged in misconduct while
53-performing the officer's duties; and
54-(B) knowing the complaint to be false;
55-(6) makes a false report of a missing person, knowing the report
56-or information is false;
57-(7) gives a false report of actions, behavior, or conditions
58-concerning:
59-(A) a septic tank soil absorption system under IC 8-1-2-125 or
60-IC 13-26-5-2.5; or
61-(B) a septic tank soil absorption system or constructed wetland
62-septic system under IC 36-9-23-30.1;
63-knowing the report or information to be false; or
64-(8) makes a false report that a person is dangerous (as defined in
65-IC 35-47-14-1) knowing the report or information to be false;
66-commits false informing, a Class B misdemeanor except as provided
67-in subsection (e).
68-(e) The offense described in subsection (d) is:
69-(1) a Class A misdemeanor if it:
70-(A) substantially hinders any law enforcement process,
71-including by causing the dispatch of one (1) or more law
72-enforcement officers;
73-(B) results in harm to another person; or
74-(C) is committed under subsection (d)(8);
75-(2) a Level 6 felony if it:
76-(A) is committed under subsection (d)(8); and
77-(B) either:
78-(i) substantially hinders any law enforcement process,
79-SEA 198 — Concur 3
80-including by causing the dispatch of one (1) or more law
81-enforcement officers; or
82-(ii) results in harm to another person; or
83-(iii) would cause a reasonable person to feel terrorized,
84-frightened, intimidated, or threatened; and
85-(3) a Level 5 felony if it is committed under subsection (d)(8) and
86-results in serious bodily injury or death to another person.
87-SEA 198 — Concur President of the Senate
88-President Pro Tempore
89-Speaker of the House of Representatives
90-Governor of the State of Indiana
91-Date: Time:
92-SEA 198 — Concur
41+1 SECTION 1. IC 35-44.1-2-3, AS AMENDED BY P.L.104-2024,
42+2 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
43+3 JULY 1, 2025]: Sec. 3. (a) As used in this section, "consumer product"
44+4 has the meaning set forth in IC 35-45-8-1.
45+5 (b) As used in this section, "misconduct" means a violation of a
46+6 departmental rule or procedure of a law enforcement agency.
47+7 (c) A person who reports that:
48+8 (1) the person or another person has placed or intends to place an
49+9 explosive, a destructive device, or other destructive substance in
50+10 a building or transportation facility;
51+11 (2) there has been or there will be tampering with a consumer
52+12 product introduced into commerce; or
53+13 (3) there has been or will be placed or introduced a weapon of
54+14 mass destruction in a building or a place of assembly;
55+15 knowing the report to be false, commits false reporting, a Level 6
56+16 felony.
57+17 (d) A person who:
58+ES 198—LS 6659/DI 106 2
59+1 (1) gives:
60+2 (A) a false report of the commission of a crime; or
61+3 (B) false information to a law enforcement officer that relates
62+4 to the commission of a crime;
63+5 knowing the report or information to be false;
64+6 (2) gives a false alarm of fire to the fire department of a
65+7 governmental entity, knowing the alarm to be false;
66+8 (3) makes a false request for ambulance service to an ambulance
67+9 service provider, knowing the request to be false;
68+10 (4) gives a false report concerning a missing child (as defined in
69+11 IC 10-13-5-4), missing veteran at risk (as defined in
70+12 IC 12-7-2-197.3), or missing endangered adult (as defined in
71+13 IC 12-7-2-131.3) or gives false information to a law enforcement
72+14 officer or a governmental entity that relates to a missing child,
73+15 missing veteran at risk, or missing endangered adult knowing the
74+16 report or information to be false;
75+17 (5) makes a complaint against a law enforcement officer to the
76+18 state or municipality (as defined in IC 8-1-13-3(b)) that employs
77+19 the officer:
78+20 (A) alleging the officer engaged in misconduct while
79+21 performing the officer's duties; and
80+22 (B) knowing the complaint to be false;
81+23 (6) makes a false report of a missing person, knowing the report
82+24 or information is false;
83+25 (7) gives a false report of actions, behavior, or conditions
84+26 concerning:
85+27 (A) a septic tank soil absorption system under IC 8-1-2-125 or
86+28 IC 13-26-5-2.5; or
87+29 (B) a septic tank soil absorption system or constructed wetland
88+30 septic system under IC 36-9-23-30.1;
89+31 knowing the report or information to be false; or
90+32 (8) makes a false report that a person is dangerous (as defined in
91+33 IC 35-47-14-1) knowing the report or information to be false;
92+34 commits false informing, a Class B misdemeanor except as provided
93+35 in subsection (e).
94+36 (e) The offense described in subsection (d) is:
95+37 (1) a Class A misdemeanor if it:
96+38 (A) substantially hinders any law enforcement process,
97+39 including by causing the dispatch of one (1) or more law
98+40 enforcement officers;
99+41 (B) results in harm to another person; or
100+42 (C) is committed under subsection (d)(8);
101+ES 198—LS 6659/DI 106 3
102+1 (2) a Level 6 felony if it:
103+2 (A) is committed under subsection (d)(8); and
104+3 (B) either:
105+4 (i) substantially hinders any law enforcement process,
106+5 including by causing the dispatch of one (1) or more law
107+6 enforcement officers; or
108+7 (ii) results in harm to another person; or
109+8 (iii) would cause a reasonable person to feel terrorized,
110+9 frightened, intimidated, or threatened; and
111+10 (3) a Level 5 felony if it is committed under subsection (d)(8) and
112+11 results in serious bodily injury or death to another person.
113+ES 198—LS 6659/DI 106 4
114+COMMITTEE REPORT
115+Mr. President: The Senate Committee on Corrections and Criminal
116+Law, to which was referred Senate Bill No. 198, has had the same
117+under consideration and begs leave to report the same back to the
118+Senate with the recommendation that said bill DO PASS.
119+ (Reference is to SB 198 as introduced.)
120+
121+FREEMAN, Chairperson
122+Committee Vote: Yeas 9, Nays 0
123+_____
124+COMMITTEE REPORT
125+Mr. Speaker: Your Committee on Courts and Criminal Code, to
126+which was referred Senate Bill 198, has had the same under
127+consideration and begs leave to report the same back to the House with
128+the recommendation that said bill be amended as follows:
129+Page 2, line 38, delete "process" and insert "process,".
130+Page 2, line 39, delete "(including" and insert "including".
131+Page 2, line 40, delete "officers);" and insert "officers;".
132+Page 3, line 4, delete "process" and insert "process,".
133+Page 3, line 5, delete "(including" and insert "including".
134+ Page 3, line 6, delete "officers);" and insert "officers;".
135+Page 3, line 8, delete "causes a" and insert "would cause a
136+reasonable".
137+and when so amended that said bill do pass.
138+(Reference is to SB 198 as printed February 5, 2025.)
139+MCNAMARA
140+Committee Vote: yeas 13, nays 0.
141+ES 198—LS 6659/DI 106