Introduced Version
HOUSE BILL No. 1210
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-44-3-3.
Synopsis: Resisting law enforcement. Provides that a person who
resists, obstructs, or interferes: (1) with a law enforcement officer
engaged in official duties; or (2) with the authorized service of process
or execution of a court order; commits the offense of resisting law
enforcement regardless of whether the person uses force.
Effective: July 1, 2004.
January 13, 2004, read first time and referred to Committee on Courts and Criminal Code.
Introduced
Second Regular Session 113th General Assembly (2004)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1210
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; (04)IN1210.1.1. -->
SECTION 1. IC 35-44-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: 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 officer's official
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, 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, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
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.