Second Regular Session 111th General Assembly (2000)


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.
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HOUSE ENROLLED ACT No. 1239



     AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-41-1-4.3; (00)HE1239.1.1. -->     SECTION 1. IC 35-41-1-4.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4.3. (a) "Bomb" means an explosive or incendiary device designed to release:
        (1) destructive materials or force; or
        (2) dangerous gases;
that is detonated by impact, proximity to an object, a timing mechanism, a chemical reaction, ignition, or other predetermined means.
    (b) The term does not include the following:
        (1) A firearm (as defined in IC 35-47-1-5) or the ammunition or components for handloading ammunition for a firearm.
        (2) Fireworks regulated under IC 22-11-14.
        (3) Boating, railroad, and other safety flares.
        (4) Propellants used in model rockets or similar hobby activities.
        (5) Commercially manufactured black powder in quantities not to exceed fifty (50) pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices.

SOURCE: IC 35-41-1-6.6; (00)HE1239.1.2. -->     SECTION 2. IC 35-41-1-6.6 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 6.6. "Dangerous gas", for purposes of IC 35-41-1-4.3, means a toxic chemical or its precursors that through chemical action or properties on life processes cause death or permanent injury to human beings. The term does not include the following:
        (1) Riot control agents, smoke, and obscuration materials or medical products that are manufactured, possessed, transported, or used in accordance with the laws of the United States and of this state.
        (2) Tear gas devices designed to be carried on or about the person that contain not more than one-half (1/2) ounce of the chemical.

SOURCE: IC 35-47-5-8; (00)HE1239.1.3. -->     SECTION 3. IC 35-47-5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 8. A person who owns or possesses:
        (1) a machine gun; or
        (2) a bomb; loaded with either explosives or dangerous gases;
commits a Class C felony.
SOURCE: IC 35-47-5-9; (00)HE1239.1.4. -->     SECTION 4. IC 35-47-5-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 9. A person who:
        (1) operates a loaded machine gun; or
        (2) hurls, or drops, places, or detonates a bomb; loaded with either explosives or dangerous gases;
commits a Class B felony.
SOURCE: IC 35-47-5-10; (00)HE1239.1.5. -->     SECTION 5. IC 35-47-5-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 10. The provisions of sections 8 or 9 of this chapter shall not be construed to apply to any of the following:
        (1) Members of the military or naval forces of the United States, National Guard of Indiana, or Indiana State Guard, when on duty or practicing.
        (2) Machine guns or bombs kept for display as relics and which are rendered harmless and not usable.
        (3) Any of the law enforcement officers of this state or the United States while acting in the furtherance of their duties.
        (4) Persons lawfully engaged in the display, testing, or use of fireworks.
        (5) Agencies of state government.
        (6) Persons permitted by law to engage in the business of manufacturing, assembling, conducting research on, or testing machine guns, bombs, airplanes, tanks, armored vehicles, or ordnance equipment or supplies while acting within the scope of

such business.
        (7) Persons possessing, or having applied to possess, machine guns under applicable United States statutes. Such machine guns must be transferred as provided in this article.
         (8) Persons lawfully engaged in the manufacture, transportation, distribution, use, or possession of any material, substance, or device for the sole purpose of industrial, agricultural, mining, construction, educational, or any other lawful use.


HEA 1239 _ Concur

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