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
(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
(iv) is an employee of a school corporation;
(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
(1) unlawfully injure the person threatened or another person, or
(2) unlawfully subject a person to physical confinement or
(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
(7) falsely harm the credit or business reputation of the person
(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
(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
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
(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.
CR023302/DI 69 2005