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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    SENATE ENROLLED ACT No. 557



     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 35-33-6-1; (05)SE0557.1.1. -->     SECTION 1. IC 35-33-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this chapter:
    "Adult employee" means an employee who is eighteen (18) years old or older.
    "Agent" means an operator, a manager, an adult employee, or a security agent employed by a store.
     "Motion picture exhibition facility" has the meaning set forth in IC 35-46-8-3.
        
"Security agent" means a person who has been employed by a store to prevent the loss of property due to theft.
    "Store" means a place of business where property or service with respect to property is displayed, rented, sold, or offered for sale.
SOURCE: IC 35-33-6-2.5; (05)SE0557.1.2. -->     SECTION 2. IC 35-33-6-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2.5. (a) An owner or agent of a motion picture exhibition facility who has probable cause to believe that an unlawful recording under IC 35-46-8 has occurred or is occurring in the motion picture exhibition facility and who has probable cause to believe that a specific person has committed or is committing the unlawful recording may:
        (1) detain the person and request the person to provide

identification;
        (2) verify the identification;
        (3) determine whether the person possesses at the time of detention an audiovisual recording device (as defined in IC 35-46-8-2);
        (4) confiscate any unauthorized copies of a motion picture or another audiovisual work; and
        (5) inform the appropriate law enforcement officer or agency that the person is being detained.
    (b) Detention under subsection (a):
        (1) must:
            (A) be reasonable; and
            (B) last only for a reasonable time; and
        (2) may not extend beyond the arrival of a law enforcement officer or two (2) hours, whichever occurs first.

SOURCE: IC 35-33-6-3; (05)SE0557.1.3. -->     SECTION 3. IC 35-33-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. An owner or agent of a store or motion picture exhibition facility who informs a law enforcement officer of the circumstantial basis for detention and any additional relevant facts shall be presumed to be placing information before the law enforcement officer. The placing of this information does not constitute a charge of crime.
SOURCE: IC 35-33-6-4; (05)SE0557.1.4. -->     SECTION 4. IC 35-33-6-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. A civil or criminal action against:
         (1) an owner or agent of a store or motion picture exhibition facility; or
         (2) a law enforcement officer;
may not be based on a detention which that was lawful under section 2 or 2.5 of this chapter. However, the defendant has the burden of proof that he the defendant acted with probable cause under section 2 or 2.5 of this chapter.
SOURCE: IC 35-33-6-6; (05)SE0557.1.5. -->     SECTION 5. IC 35-33-6-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. An owner or agent of a motion picture exhibition facility may act in the manner allowed by section 2.5 of this chapter on information received from an employee of the motion picture exhibition facility if the employee has probable cause to believe that:
        (1) an unlawful recording under IC 35-46-8 has occurred or is occurring in the motion picture exhibition facility; and
        (2) a specific person has committed or is committing the

unlawful recording.

SOURCE: IC 35-46-8; (05)SE0557.1.6. -->     SECTION 6. IC 35-46-8 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]:
     Chapter 8. Unlawful Recording
    Sec. 1. This chapter does not apply to a law enforcement officer acting within the scope of the officer's employment.
    Sec. 2. As used in this chapter, "audiovisual recording device" means:
        (1) a digital or an analog photographic or video camera; or
        (2) any other technology capable of enabling the recording or transmission of a motion picture or other audiovisual work;
regardless of whether audiovisual recording is the sole or primary purpose of the device.

    Sec. 3. (a) As used in this chapter, "motion picture exhibition facility" means:
        (1) an indoor or outdoor screening venue; or
        (2) any other premises;
where motion pictures or other audiovisual works are shown to the public for a charge, regardless of whether an admission fee is charged.
    (b) The term does not include a dwelling.
    Sec. 4. (a) A person who knowingly or intentionally uses an audiovisual recording device in a motion picture exhibition
facility with the intent to transmit or record a motion picture commits unlawful recording, a Class B misdemeanor.
     (b) It is a defense to a prosecution under this section that the accused person had the written permission of the motion picture exhibition facility owner to transmit or record the motion picture.
    Sec. 5. In addition to a criminal penalty imposed for an offense under this chapter, a court may order the forfeiture, destruction, or other disposition of:
        (1) all unauthorized copies of motion pictures or other audiovisual works; and
        (2) any audiovisual recording devices or other equipment used in connection with the offense.

SOURCE: ; (05)SE0557.1.7. -->     SECTION 7. [EFFECTIVE JULY 1, 2005] IC 35-46-8, as added by this act, applies only to crimes committed after June 30, 2005.


SEA 557 _ Concur

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