Introduced Version






SENATE BILL No. 180

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 16-31-2-9 ; IC 16-41-3 ; IC 35-41-1 ; IC 35-43-1-4 ; IC 35-44-2-2 ; IC 35-47-12.

Synopsis: Anti-terrorism measures. Requires the Indiana emergency medical services commission to provide training and certification standards for the administration of antidotes, vaccines, and antibiotics in situations related to a terrorist or military attack. Requires the state department of health to monitor dangerous communicable diseases and outbreaks of diseases known or suspected to be used as weapons. Requires the state department of health to develop capabilities and procedures to identify unknown substances that may be weapons. Defines "terrorism" and "weapon of mass destruction". Imposes criminal penalties for terrorism, agricultural terrorism, and false reporting of the placement or introduction of a weapon of mass destruction. Enhances the penalty for computer tampering when the offense is committed for the purpose of terrorism.

Effective: July 1, 2001.





Bray




    January 8, 2001, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 112th General Assembly (2001)


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 2000 General Assembly.

SENATE BILL No. 180



    A BILL FOR AN ACT to amend the Indiana Code concerning health and criminal law and procedure.

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

    SECTION 1. IC 16-31-2-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9. The commission shall establish the following:
        (1) Standards for persons who provide emergency medical services and who are not licensed or regulated under IC 16-31-3.
        (2) Training and certification standards for the use of automatic and semiautomatic defibrillators by first responders.
         (3) Training and certification standards for the administration of antidotes, vaccines, and antibiotics to prepare for or respond to a terrorist or military attack.
    SECTION 2. IC 16-41-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) The state department may adopt rules under IC 4-22-2 concerning the compilation for statistical purposes of information collected under IC 16-41-2.
     (b) The state department shall adopt procedures to gather, monitor, and tabulate case reports of incidents involving dangerous

communicable diseases or outbreaks of diseases known or suspected to be used as weapons. The state department shall specifically engage in medical surveillance, tabulation, and reporting of confirmed or suspected cases set forth by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services and the United States Public Health Service of the United States Department of Health and Human Services.
    (c) The state department shall notify the:
        (1) state emergency management agency; and
        (2) county health department and local law enforcement agency having jurisdiction of each outbreak or reported case described in subsection (b);
as soon as possible after the state department receives a report under subsection (b). Notification under this subsection must be made not more than twenty-four (24) hours after receiving a report.

    SECTION 3. IC 16-41-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) The state department shall tabulate all case reports of tuberculosis and other dangerous communicable diseases reported under this article or under rules adopted under this article. The state department shall determine the prevalence and distribution of disease in Indiana and devise methods for restricting and controlling disease.
    (b) The state department shall include the information on the prevalence and distribution of tuberculosis and other dangerous communicable diseases in the state department's annual report.
    (c) The state department shall disseminate the information prepared under this section.
     (d) The state department shall develop capabilities and procedures to perform analysis and identification in as close to a real time basis as is scientifically possible of unknown substances that have been or may be employed as a weapon.
    SECTION 4. IC 35-41-1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. "Deadly weapon" means the following:
        (1) A loaded or unloaded firearm.
        (2) A weapon, device, taser (as defined in IC 35-47-8-3 ) or electronic stun weapon (as defined in IC 35-47-8-1 ), equipment, chemical substance, or other material that in the manner it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury.


        (3) An animal (as defined in IC 35-46-3-3 ) that is:
            (A) readily capable of causing serious bodily injury; and
            (B) used in the commission or attempted commission of a crime.
         (4) A biological disease, virus, or organism that is capable of causing serious bodily injury.
    SECTION 5. IC 35-41-1-26.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 26.5. "Terrorism" means the use of force or violence or the threat of force or violence to intimidate or coerce a government or all or part of the civilian population of an area to further a political or social objective.
    SECTION 6. IC 35-41-1-29 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 29. "Weapon of mass destruction" means any of the following destructive devices:
        (1) A device that contains:
            (A) an explosive;
            (B) an incendiary; or
            (C) a toxic or poisonous chemical, biological disease, organism, or virus.
        (2) A bomb.
        (3) A grenade.
        (4) A rocket having a propellant charge of more than four (4) ounces.
        (5) A missile having an explosive or incendiary charge of more than twenty-five hundredths (0.25) ounce.
        (6) A mine.
        (7) An aerosol spraying mechanism or other device capable of disseminating a poisonous chemical, biological disease, organism, or virus.
        (8) A weapon designed to release radiation or radioactivity at a level dangerous to human life.

    SECTION 7. IC 35-43-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) As used in this section:
    "Computer network" and "computer system" have the meanings set forth in IC 35-43-2-3.
    "Computer program" means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.
    "Data" means a representation of information, facts, knowledge,

concepts, or instructions that:
        (1) may take any form, including computer printouts, magnetic storage media, punched cards, or stored memory;
        (2) has been prepared or is being prepared; and
        (3) has been processed, is being processed, or will be processed;
in a computer system or computer network.
    (b) A person who knowingly or intentionally alters or damages a computer program or data, which comprises a part of a computer system or computer network without the consent of the owner of the computer system or computer network commits computer tampering, a Class D felony. However, the offense is a:
        (1) Class C felony if the offense is committed for the purpose of terrorism; and
        (2) Class B felony if the offense is committed for the purpose of terrorism and results in serious bodily injury to a person.

    SECTION 8. IC 35-44-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) As used in this section, "consumer product" has the meaning set forth in IC 35-45-8-1.
    (b) A person who reports, by telephone, telegraph, mail, or other written or oral communication, that:
        (1) the person or another person has placed or intends to place an explosive or other destructive substance in a building or transportation facility; or
        (2) there has been or there will be tampering with a consumer product introduced into commerce; or
        (3) there has been or will be placed or introduced a weapon of mass destruction in a building or a place of assembly;

knowing the report to be false commits false reporting, a Class D felony.
    (c) A person who:
        (1) gives a false report of the commission of a crime or gives false information in the official investigation of the commission of a crime, knowing the report or information to be false;
        (2) gives a false alarm of fire to the fire department of a governmental entity, knowing the alarm to be false;
        (3) makes a false request for ambulance service to an ambulance service provider, knowing the request to be false; or
        (4) gives a false report concerning a missing child (as defined in IC 10-1-7-2 ) or gives false information in the official investigation of a missing child knowing the report or information to be false;
commits false informing, a Class B misdemeanor. However, the offense

is a Class A misdemeanor if it substantially hinders any law enforcement process or if it results in harm to an innocent person.
    SECTION 9. IC 35-47-12 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
     Chapter 12. Weapons of Mass Destruction
    Sec. 1. A person who knowingly or intentionally:
        (1) manufactures;
        (2) places;
        (3) disseminates; or
        (4) detonates;
a weapon of mass destruction with the intent to kill, cause bodily injury to, cause serious bodily injury to, coerce, or intimidate another person commits terrorism, a Class B felony. However, the offense is a Class A felony if the conduct results in serious bodily injury or death of any person.
    Sec. 2. A person who knowingly or intentionally:
        (1) manufactures;
        (2) places;
        (3) disseminates; or
        (4) detonates;
a weapon of mass destruction with the intent to damage, destroy, sicken, or kill crops or livestock commits agricultural terrorism, a Class C felony.

    SECTION 10. [EFFECTIVE JULY 1, 2001] IC 35-41-1-8 , IC 35-43-1-4 , and IC 35-44-2-2 , all as amended by this act, and IC 35-41-1-26.5, IC 35-41-1-29, and IC 35-47-12 , all as added by this act, apply only to crimes committed after June 30, 2001.