Introduced Version






HOUSE BILL No. 1051

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-42-2-5.7 ; IC 35-44-2-2 .

Synopsis: False reporting. Provides that a person who makes a false report commits a Class C felony if, in response to the false report, a physician prescribes diagnostic testing or medical treatment. Makes it a Class C felony for a person to disseminate a substance with the intent to cause a reasonable person to believe that the substance is a weapon of mass destruction. Provides enhanced penalties if dissemination of the substance results in diagnostic testing, medical treatment, or serious bodily injury.

Effective: July 1, 2002.





Duncan




    January 8, 2002, read first time and referred to Committee on Rules and Legislative Procedures.







Introduced

Second Regular Session 112th General Assembly (2002)


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.
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HOUSE BILL No. 1051



    A BILL FOR 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 35-42-2-5.7; (02)IN1051.1.1. -->     SECTION 1. IC 35-42-2-5.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5.7. A person who knowingly or intentionally places or disseminates a device or substance with the intent to cause a reasonable person to believe that the device or substance is a weapon of mass destruction commits malicious mischief, a Class C felony. However, the offense is a Class B felony if, as a result of the offense:
        (1) a physician prescribes diagnostic testing or medical treatment for any person other than the person who made the false report; or
        (2) a person suffers serious bodily injury.

SOURCE: IC 35-44-2-2; (02)IN1051.1.2. -->     SECTION 2. IC 35-44-2-2 , AS AMENDED BY P.L.156-2001, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: 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;
        (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. However, the offense is a Class C felony if, as a result of the false report, a physician prescribes diagnostic testing or medical treatment for any person other than the person who made the false report.
    (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.