HB 1525-1_ Filed 04/24/2003, 10:44
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1525
Citations Affected:
IC 35-44-3-3
;
IC 35-44-3-9
;
IC 35-46-1-8.
Synopsis: Resisting law enforcement and trafficking. Conference committee report for EHB
1525. Makes the offense of resisting law enforcement a Class D felony instead of a Class A
misdemeanor if, while committing the offense, a person draws or uses a deadly weapon or
inflicts bodily injury on another person. Makes the offense a Class C felony if: (1) a person uses
a vehicle to flee from a law enforcement officer; or (2) while committing the offense, a person
operates a vehicle in a manner that creates a substantial risk of bodily injury to another person
or causes serious bodily injury to another person. Provides a defense to the offense of trafficking
with an inmate. Provides that certain penal facility employees are entitled to a review of an
adverse employment determination based upon trafficking with an inmate. Makes contributing
to delinquency a Class C felony instead of a Class A misdemeanor if a person furnishes alcohol
or a controlled substance to a minor and consumption of the alcohol or drug is the proximate
cause of the death of any person. (This conference committee report removes provisions
concerning ignition interlock devices and probationary driving privileges, and adds the
provisions described above concerning: (1) the offense of resisting law enforcement; and
(2) the offense of trafficking with an inmate.)
Effective: January 1, 2001 (retroactive); July 1, 2003.
CONFERENCE COMMITTEE REPORT
MR. PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed Senate Amendments to Engrossed House Bill No. 1525 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and
that the House now concur in all Senate amendments to the bill and that
the bill be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 35-44-3-3; (03)CC152504.1.1. -->
SECTION 1.
IC 35-44-3-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) A person who
knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law enforcement
officer or a person assisting the officer while the officer is
lawfully engaged in the execution of his the law enforcement
officer's duties as an officer;
(2) forcibly resists, obstructs, or interferes with the authorized
service or execution of a civil or criminal process or order of a
court; or
(3) flees from a law enforcement officer after the officer has, by
visible or audible means, identified himself or herself and ordered
the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except as
provided in subsection (b).
(b) The offense under subsection (a) is a:
(1) Class D felony if,
(A) the offense is described in subsection (a)(3) and the person
uses a vehicle to commit the offense; or
(B) while committing any offense described in subsection (a),
the person draws or uses a deadly weapon or inflicts bodily
injury on another person; or operates a vehicle in a manner that
creates a substantial risk of bodily injury to another person;
(2) Class C felony if:
(A) the offense is described in subsection (a)(3) and the
person uses a vehicle to commit the offense; or
(B) while committing any offense described in subsection (a),
the person operates a vehicle in a manner that:
(i) creates a substantial risk of bodily injury to another
person; or
(ii) causes serious bodily injury to another person; and
(3) Class B felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death of another person.
(c) For purposes of this section, a law enforcement officer includes
an alcoholic beverage enforcement officer and a conservation officer
of the department of natural resources.
SOURCE: IC 35-44-3-9; (03)CC152504.1.2. -->
SECTION 2.
IC 35-44-3-9
, AS AMENDED BY P.L.243-1999,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2001 (RETROACTIVE)]: Sec. 9. (a) As used in this
section, "juvenile facility" means the following:
(1) A secure facility (as defined in
IC 31-9-2-114
) in which a child
is detained under IC 31 or used for a child awaiting adjudication
or adjudicated under IC 31 as a child in need of services or a
delinquent child.
(2) A shelter care facility (as defined in
IC 31-9-2-117
) in which
a child is detained under IC 31 or used for a child awaiting
adjudication or adjudicated under IC 31 as a child in need of
services or a delinquent child.
(b) A person who, without the prior authorization of the person in
charge of a penal facility or juvenile facility knowingly or intentionally:
(1) delivers, or carries into the penal facility or juvenile facility
with intent to deliver, an article to an inmate or child of the facility;
(2) carries, or receives with intent to carry out of the penal facility
or juvenile facility, an article from an inmate or child of the
facility; or
(3) delivers, or carries to a
work site worksite with the intent to
deliver, alcoholic beverages to an inmate or child of a jail work
crew or community work crew;
commits trafficking with an inmate, a Class A misdemeanor. However,
the offense is a Class C felony if the article is a controlled substance or
a deadly weapon.
(c) It is a defense to a charge under subsection (b)(1) that the
article delivered to an inmate or child was:
(1) not contraband (as defined in
IC 11-11-2-1
) or prohibited
property (as defined in
IC 11-11-2-1
);
(2) necessary for the health or safety of the inmate or child;
and
(3) delivered because the facility had not provided the inmate
or child with the article after the inmate, the child, or an
employee of the facility requested the article.
SOURCE: IC 35-46-1-8; (03)CC152504.1.3. -->
SECTION 3.
IC 35-46-1-8
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 8. (a) A person at least eighteen
(18) years of age or older who knowingly or intentionally encourages,
aids, induces, or causes a person under less than eighteen (18) years of
age to commit an act of delinquency (as defined by
IC 31-37-1
or
IC 31-37-2
) commits contributing to delinquency, a Class A
misdemeanor.
(b) However, the an offense described in subsection (a) is a Class
C felony if:
(1) the:
(A) person knowingly or intentionally furnishes:
(i) an alcoholic beverage to a person less than eighteen (18)
years of age in violation of
IC 7.1-5-7-8
when the person
knew or reasonably should have known that the person
was less than eighteen (18) years of age; or
(ii) a controlled substance (as defined in
IC 35-48-1-9
) or
a drug (as defined in
IC 9-13-2-49.1
) in violation of Indiana
law; and
(B) consumption, ingestion, or use of the alcoholic beverage,
controlled substance, or drug is the proximate cause of the
death of any person; or
(2) the person is at least eighteen (18) years of age and
knowingly or intentionally encourages, aids, induces, or causes a
person less than eighteen (18) years of age to commit an act that
would be a felony if committed by an adult under any of the
following:
(1) (A)
IC 35-48-4-1.
(2) (B)
IC 35-48-4-2.
(3) (C)
IC 35-48-4-3.
(4) (D)
IC 35-48-4-4.
(5) (E)
IC 35-48-4-4.5.
(6) (F)
IC 35-48-4-4.6.
or
(7) (G)
IC 35-48-4-5.
SOURCE: ; (03)CC152504.1.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2003]
IC 35-44-3-3
and
IC 35-46-1-8
, both as amended by this act, apply only to offenses
committed after June 30, 2003.
SOURCE: ; (03)CC152504.1.5. -->
SECTION 5. [EFFECTIVE JULY 1, 2003] (a) An employee of a
penal facility who was the subject of an adverse employment
decision based on a violation of
IC 35-44-3-9
(b)(1) involving the
delivery of an article that was not contraband (as defined in
IC 11-11-2-1
) or prohibited property (as defined in
IC 11-11-2-1
)
after January 1, 2002, and before July 1, 2003, is entitled to a
redetermination of any employment action taken in response to the
violation, including but not limited to, a rehearing or
reinstatement.
(b) This SECTION expires July 1, 2008.
SOURCE: ; (03)CC152504.1.6. -->
SECTION 6.
An emergency is declared for this act.
(Reference is to EHB 1525 as printed April 4, 2003.)
Conference Committee Report
on
Engrossed House
Bill 1525
Text Box
S
igned by:
____________________________ ____________________________
Representative Kuzman Senator Landske
Chairperson
____________________________ ____________________________
Representative Duncan Senator Antich
House Conferees Senate Conferees