Introduced Version






HOUSE BILL No. 1818

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-44-3-3.

Synopsis: Defense to resisting law enforcement. Creates a defense to resisting law enforcement for a motorist who refuses to stop after being ordered to do so because the motorist was unable to determine whether the law enforcement officer was actually a law enforcement officer. Provides that the defense applies only if: (1) the motorist was unable to determine whether the officer was actually a law enforcement officer because visibility was reduced or because the officer was in an unmarked vehicle; (2) the motorist's refusal to stop lasted only long enough to determine whether the officer was actually a law enforcement officer or to drive to a populated location; and (3) after being ordered to stop, the motorist did not speed or operate the motor vehicle in a manner that endangered or could have endangered any person.

Effective: July 1, 2005.





Stutzman, Duncan, Welch




    January 25, 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. 1818



    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; (05)IN1818.1.1. -->     SECTION 1. IC 35-44-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: 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.
     (d) It is a defense to an offense under subsection (a)(3) that, after the law enforcement officer identified himself or herself and ordered the person to stop, the person did not stop solely because the person was unable to determine whether the law enforcement officer was actually a law enforcement officer, if:
        (1) the person was operating a motor vehicle;
        (2) the person was unable to determine whether the law enforcement officer was actually a law enforcement officer because:
            (A) darkness, fog, precipitation, or another environmental factor reduced visibility; or
            (B) the law enforcement officer was not operating a motor vehicle that was clearly marked as a police vehicle;
        (3) the person's refusal
to stop did not last longer than reasonably necessary to:
            (A) determine whether the law enforcement officer was actually a law enforcement officer; or
            (B) stop the person's motor vehicle in a populated area; and
        (4) after being ordered to stop, the person did not operate the person's motor vehicle in:
            (A) excess of the maximum lawful speed; or
            (B) a manner that endangered or could have endangered any person.