Introduced Version






HOUSE BILL No. 1100

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-44-3-3.

Synopsis: Resisting law enforcement. 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.

Effective: July 1, 2003.





Mahern




    January 7, 2003, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 113th General Assembly (2003)


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HOUSE BILL No. 1100



    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 35-44-3-3; (03)IN1100.1.1. -->     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: ; (03)IN1100.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2003] IC 35-44-3-3 , as amended by this act, applies only to offenses committed after June 30, 2003.