Second Regular Session 114th General Assembly (2006)


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 ENROLLED ACT No. 1108



     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 9-13-2-1.7; (06)HE1108.1.1. -->     SECTION 1. IC 9-13-2-1.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1.7. "Aggressive driving", for purposes of IC 9-21-8-55, has the meaning set forth in IC 9-21-8-55(b).
SOURCE: IC 9-21-8-55; (06)HE1108.1.2. -->     SECTION 2. IC 9-21-8-55 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 55. (a) This section does not apply to a law enforcement official engaged in the law enforcement official's official duties.
     (b) For purposes of this section, a person engages in aggressive driving if, during one (1) episode of continuous driving of a vehicle, the person does or commits at least three (3) of the following:
        (1) Following a vehicle too closely in violation of IC 9-21-8-14.
        (2) Unsafe operation of a vehicle in violation of IC 9-21-8-24.
        (3) Overtaking another vehicle on the right by driving off the roadway in violation of IC 9-21-8-6.
        (4) Unsafe stopping or slowing a vehicle in violation of IC 9-21-8-26.
        (5) Unnecessary sounding of the horn in violation of IC 9-19-5-2.
        (6) Failure to yield in violation of IC 9-21-8-29 through IC 9-21-8-34.
        (7) Failure to obey a traffic control device in violation of IC 9-21-8-41.
        (8) Driving at an unsafe speed in violation of IC 9-21-5.
        (9) Repeatedly flashing the vehicle's headlights.
    (c) A person who, with the intent to harass or intimidate a person in another vehicle, knowingly or intentionally engages in aggressive driving commits aggressive driving, a Class A misdemeanor.

SOURCE: IC 35-42-2-2; (06)HE1108.1.3. -->     SECTION 3. IC 35-42-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) As used in this section, "hazing" means forcing or requiring another person:
        (1) with or without the consent of the other person; and
        (2) as a condition of association with a group or organization;
to perform an act that creates a substantial risk of bodily injury.
    (b) A person who recklessly, knowingly, or intentionally performs:
        (1) an act that creates a substantial risk of bodily injury to another person; or
        (2) hazing;
commits criminal recklessness. Except as provided in subsection (c), criminal recklessness is a Class B misdemeanor.
    (c) The offense of criminal recklessness as defined in subsection (b) is:
        (1) a Class A misdemeanor if the conduct includes the use of a vehicle;
        (2) a Class D felony if:
             (A) it is committed while armed with a deadly weapon; or
            (B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in serious bodily injury to another person; or
        (3) a Class C felony if:
             (A) it is committed by shooting a firearm from a vehicle into an inhabited dwelling or other building or place where people are likely to gather; or
            (B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in the death of another person.

    (d) A person who recklessly, knowingly, or intentionally:
        (1) inflicts serious bodily injury on another person; or
        (2) performs hazing that results in serious bodily injury to a person;
commits criminal recklessness, a Class D felony. However, the offense is a Class C felony if committed by means of a deadly weapon.
    (e) A person, other than a person who has committed an offense

under this section or a delinquent act that would be an offense under this section if the violator was an adult, who:
        (1) makes a report of hazing in good faith;
        (2) participates in good faith in a judicial proceeding resulting from a report of hazing;
        (3) employs a reporting or participating person described in subdivision (1) or (2); or
        (4) supervises a reporting or participating person described in subdivision (1) or (2);
is not liable for civil damages or criminal penalties that might otherwise be imposed because of the report or participation.
    (f) A person described in subsection (e)(1) or (e)(2) is presumed to act in good faith.
    (g) A person described in subsection (e)(1) or (e)(2) may not be treated as acting in bad faith solely because the person did not have probable cause to believe that a person committed:
        (1) an offense under this section; or
        (2) a delinquent act that would be an offense under this section if the offender was an adult.

SOURCE: ; (06)HE1108.1.4. -->     SECTION 4. [EFFECTIVE JULY 1, 2006] IC 9-21-8-55, as added by this act, and IC 35-42-2-2, as amended by this act, apply only to offenses committed after June 30, 2006.


HEA 1108 _ Concur

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