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Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

10

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Courts and Criminal Code     , to which was referred       Senate Bill 233     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 2, line 21; (05)CR023302.2. -->     Page 2, between lines 21 and 22, begin a new paragraph and insert:
SOURCE: IC 35-45-2-1; (05)CR023302.2. -->     "SECTION 2. IC 35-45-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) A person who communicates a threat to another person, with the intent:
        (1) that the other person engage in conduct against the other person's will;
        (2) that the other person be placed in fear of retaliation for a prior lawful act; or
        (3) of causing:
            (A) a dwelling, a building, or another structure; or
            (B) a vehicle;
        to be evacuated;
commits intimidation, a Class A misdemeanor.
    (b) However, the offense is a:
        (1) Class D felony if:
            (A) the threat is to commit a forcible felony;
            (B) the person to whom the threat is communicated:
                (i) is a law enforcement officer;
                (ii) is a judge or bailiff of any court;
                (iii) is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat;
                (iv) is an employee of a school corporation; or
                (v) is a community policing volunteer;
                 (vi) is an employee of a court; or
                (vii) is an employee of a probation department;

            (C) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or
            (D) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and
        (2) Class C felony if, while committing it, the person draws or uses a deadly weapon.
    (c) "Threat" means an expression, by words or action, of an intention to:
        (1) unlawfully injure the person threatened or another person, or damage property;
        (2) unlawfully subject a person to physical confinement or restraint;
        (3) commit a crime;
        (4) unlawfully withhold official action, or cause such withholding;
        (5) unlawfully withhold testimony or information with respect to another person's legal claim or defense, except for a reasonable claim for witness fees or expenses;
        (6) expose the person threatened to hatred, contempt, disgrace, or ridicule;
        (7) falsely harm the credit or business reputation of the person threatened; or
        (8) cause the evacuation of a dwelling, a building, another structure, or a vehicle.
SOURCE: IC 35-45-17; (05)CR023302.3. -->     SECTION 3. IC 35-45-17 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]:
     Chapter 17. Panhandling
    Sec. 1. (a) As used in this chapter, "panhandling" means to solicit an individual:
        (1) on a street or in another public place; and
        (2) by requesting an immediate donation of money or something else of value.
    (b) The term includes soliciting an individual:
        (1) by making an oral request;
        (2) in exchange for:
            (A) performing music;
            (B) singing; or
            (C) engaging in another type of performance; or
        (3) by offering the individual an item of little or no monetary value in exchange for money or another gratuity under circumstances that would cause a reasonable individual to understand that the transaction is only a donation.
    (c) The term does not include an act of passively standing, sitting, performing music, singing, or engaging in another type of performance:
        (1) while displaying a sign or other indication that a donation is being sought; and
        (2) without making an oral request other than in response to an inquiry by another person.
    Sec. 2. A person who knowingly or intentionally does any of the following commits panhandling, a Class C misdemeanor:
        (1) Panhandling after sunset and before sunrise.
        (2) Panhandling when the individual being solicited is:
            (A) at a bus stop;
            (B) in a:
                (i) vehicle; or
                (ii) facility;
            used for public transportation;
            (C) in a motor vehicle that is parked or stopped on a public street or alley, unless the person soliciting the individual has the approval to do so by a unit of local government that has jurisdiction over the public street or alley;
            (D) in the sidewalk dining area of a restaurant; or
            (E) within twenty (20) feet of:
                (i) an automatic teller machine; or
                (ii) the entrance to a bank.
        (3) Panhandling while touching the individual being solicited without the solicited individual's consent.
        (4) Panhandling while the individual being solicited is standing in line and waiting to be admitted to a commercial establishment.
        (5) Panhandling while blocking:
            (A) the path of the individual being solicited; or
            (B) the entrance to a building or motor vehicle.
        (6) Panhandling while using profane or abusive language:
            (A) during a solicitation; or
            (B) after the individual being solicited has declined to donate money or something else of value.
        (7) Panhandling while making a statement, a gesture, or another communication to the individual being solicited that would cause a reasonable individual to:
            (A) fear for the individual's safety; or
            (B) feel compelled to donate.
        (8) Panhandling with at least one (1) other individual.
        (9) Panhandling and then following or accompanying the solicited individual without the solicited individual's consent after the solicited individual has declined to donate money or something else of value.
".
SOURCE: Page 2, line 22; (05)CR023302.2. -->     Page 2, line 22, delete "," and insert " and IC 35-45-2-1, both".
    Page 2, line 23, delete "applies" and insert " and IC 35-45-17-2, as added by this act, apply only".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 233 as printed February 11, 2005.)

and when so amended that said bill do pass.

__________________________________

Representative Ulmer


CR023302/DI 69    2005