February 1, 2002





SENATE BILL No. 300

_____


DIGEST OF SB 300 (Updated January 31, 2002 9:12 AM - DI 106)



Citations Affected: IC 35-41; IC 35-42; IC 35-47.

Synopsis: Airport and aircraft offenses. Allows a person to use reasonable force to stop another person from hijacking or otherwise seizing unlawful control of an aircraft in flight. Makes it a Class D felony for a person to enter a secured area of an airport. Makes it a Class A felony for a person to use force or violence to hijack an aircraft in flight. Makes it a Class B felony for a person to commit criminal confinement on an aircraft.

Effective: July 1, 2002.





Zakas, Alexa




    January 7, 2002, read first time and referred to Committee on Corrections, Criminal and Civil Procedures.
    January 31, 2002, amended, reported favorably _ Do Pass.






February 1, 2002

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.
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 2001 General Assembly.

SENATE BILL No. 300



    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:

    SECTION 1. IC 35-41-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) A person is justified in using reasonable force against another person to protect himself the person or a third person from what he the person reasonably believes to be the imminent use of unlawful force. However, a person is justified in using deadly force only if he the person reasonably believes that that force is necessary to prevent serious bodily injury to himself the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting himself the person or his the person's family by reasonable means necessary.
    (b) A person is justified in using reasonable force, including deadly force, against another person if he the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on his the person's dwelling or curtilage.
    (c) With respect to property other than a dwelling or curtilage, a person is justified in using reasonable force against another person if

he the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in his the person's possession, lawfully in possession of a member of his the person's immediate family, or belonging to a another person whose property he the person has authority to protect. However, a person is not justified in using deadly force unless that force is justified under subsection (a).
    (d) A person is justified in using reasonable force, including deadly force, against another person if the person reasonably believes that the force is necessary to prevent or stop the other person from hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight. For purposes of this subsection, an aircraft is considered to be in flight while the aircraft is:
        (1) on the ground in Indiana:
            (A) after the doors of the aircraft are closed for takeoff; and
            (B) until the aircraft takes off;
        (2) in the airspace above Indiana; or
        (3) on the ground in Indiana:
            (A) after the aircraft lands; and
            (B) before the doors of the aircraft are opened after landing.
    (e)
Notwithstanding subsections (a), (b), and (c), of this section, a person is not justified in using force if the person:
        (1) he is committing, or is escaping after the commission of, a crime;
        (2) he provokes unlawful action by another person, with intent to cause bodily injury to the other person; or
        (3) he has entered into combat with another person or is the initial aggressor, unless he the person withdraws from the encounter and communicates to the other person his the person's intent to do so and the other person nevertheless continues or threatens to continue unlawful action.
     (f) Notwithstanding subsection (d), a person is not justified in using force if the person:
        (1) is committing, or is escaping after the commission of, a crime;
        (2) provokes unlawful action by another person, with intent to cause bodily injury to the other person; or
        (3) continues to combat another person after the other person withdraws from the encounter and communicates the other

person's intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight.
    SECTION 2. IC 35-42-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) A person who knowingly or intentionally:
        (1) confines another person without the other person's consent; or
        (2) removes another person, by fraud, enticement, force, or threat of force, from one (1) place to another;
commits criminal confinement. Except as provided in subsection (b), the offense of criminal confinement is a Class D felony. However;
     (b) The offense of criminal confinement defined in subsection (a) is:
         (1) a Class C felony if the other person confined or removed is less than fourteen (14) years of age and is not the confining or removing person's child; and
         (2) a Class B felony if it:
             (A) is committed while armed with a deadly weapon; or
             (B) results in serious bodily injury to another a person other than the confining or removing person; or
            (C) is committed on an aircraft.

    SECTION 3. IC 35-47-6-1.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1.4. (a) This section does not apply to a person who is:
        (1) employed by:
            (A) an airport;
            (B) an airline; or
            (C) a law enforcement agency; and
        (2) acting lawfully within the scope of the person's employment.
    (b) A person who knowingly or intentionally enters an area of an airport to which access is controlled by the inspection of persons or property without submitting to the inspection commits a Class A misdemeanor.

    SECTION 4. IC 35-47-6-1.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1.6. (a) A person who knowingly or intentionally uses force or violence or the threat of force or violence to disrupt the operation of an aircraft commits a Class B felony.
    (b) A person who knowingly or intentionally uses force or violence or the threat of force or violence to hijack an aircraft in

flight commits a Class A felony.
    (c) For purposes of this section, an aircraft is considered to be in flight while the aircraft is:
        (1) on the ground in Indiana:
            (A) after the doors of the aircraft are closed for takeoff; and
            (B) until the aircraft takes off;
        (2) in the airspace above Indiana; or
        (3) on the ground in Indiana:
            (A) after the aircraft lands; and
            (B) before the doors of the aircraft are opened after landing.