Introduced Version






HOUSE BILL No. 1270

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-43-4-2.7; IC 35-43-4-2.9.

Synopsis: Motor vehicle offenses. Creates criminal offenses for the unlawful: (1) entry into; or (2) possession, operation, or disposition of; a motor vehicle. Provides: (1) enhanced penalties; and (2) a defense; in certain circumstances.

Effective: July 1, 2005.





Pond, GiaQuinta, Moses




    January 11, 2005, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 114th General Assembly (2005)


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.
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HOUSE BILL No. 1270



    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 35-43-4-2.7; (05)IN1270.1.1. -->     SECTION 1. IC 35-43-4-2.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2.7. (a) This section does not apply to the following:
        (1) A public safety officer (as defined in IC 35-47-4.5-3) or state police motor carrier inspector acting within the scope of the officer's or inspector's duties.
        (2) A motor vehicle that must be moved because the motor vehicle is abandoned, inoperable, or improperly parked.
        (3) An employee or agent of an entity that possesses a valid lien on a motor vehicle who is expressly authorized by the lienholder to repossess the motor vehicle based upon the failure of the owner or lessee of the motor vehicle to abide by the terms and conditions of the loan or lease agreement.
    (b) As used in this section, "authorized operator" means a person who is authorized to operate a motor vehicle by an owner or a lessee of the motor vehicle.
    (c) As used in this section, "motor vehicle" has the meaning set

forth in IC 9-13-2-105(a).
    (d) A person who:
        (1) knowingly or intentionally enters a motor vehicle without having permission to enter the motor vehicle from an owner, a lessee, or an authorized operator of the motor vehicle; and
        (2) does not have a contractual interest in the motor vehicle;
commits unauthorized entry of a motor vehicle, a Class B misdemeanor.
    (e) The offense under subsection (d) is:
        (1) a Class A misdemeanor if the motor vehicle has visible steering column damage or ignition switch alteration; or
        (2) a Class D felony if a person occupies the motor vehicle while the motor vehicle is used to further the commission of a crime.
    (f) It is a defense to a prosecution under this section that the accused person reasonably believed that the person's entry into the vehicle was necessary to prevent bodily injury or property damage.

SOURCE: IC 35-43-4-2.9; (05)IN1270.1.2. -->     SECTION 2. IC 35-43-4-2.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2.9. (a) This section does not apply to the following:
        (1) A public safety officer (as defined in IC 35-47-4.5-3) or state police motor carrier inspector acting within the scope of the officer's or inspector's duties.
        (2) A motor vehicle that must be moved because the motor vehicle is abandoned, inoperable, or improperly parked.
        (3) An employee or agent of an entity that possesses a valid lien on a motor vehicle who is expressly authorized by the lienholder to repossess the motor vehicle based upon the failure of the owner or lessee of the motor vehicle to abide by the terms and conditions of the loan or lease agreement.
    (b) As used in this section, "motor vehicle" has the meaning set forth in IC 9-13-2-105(a).
    (c) A person who:
        (1) knowingly or intentionally possesses, operates, sells, trades, or otherwise controls a motor vehicle without having the permission of an owner or a lessee of the motor vehicle to do so; and
        (2) does not have a contractual interest in the motor vehicle;
commits unauthorized control of a motor vehicle, a Class D felony.
    (d) The offense under subsection (c) is a Class C felony if a person possesses, operates, sells, trades, or otherwise controls the motor vehicle while the motor vehicle is used to further the

commission of a crime.
    (e) It is a defense to a prosecution under this section that the accused person reasonably believed the person's conduct was necessary to prevent bodily injury or property damage.

SOURCE: ; (05)IN1270.1.3. -->     SECTION 3. [EFFECTIVE JULY 1, 2005] IC 35-43-4-2.7 and IC 35-43-4-2.9, both as added by this act, apply to offenses committed after June 30, 2005.