Introduced Version






SENATE BILL No. 265

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-43-2-2.

Synopsis: Criminal trespass. Makes criminal trespass on property a Class D felony instead of a Class A misdemeanor if a person intended to: (1) damage, injure, or harass livestock on the property; or (2) release lawfully confined livestock from confinement on the property.

Effective: July 1, 2007.





Bray




    January 16, 2007, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

First Regular Session 115th General Assembly (2007)


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 BILL No. 265



    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 35-43-2-2; (07)IN0265.1.1. -->     SECTION 1. IC 35-43-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) A person who:
        (1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
        (2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;
        (3) accompanies another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the vehicle;
        (4) knowingly or intentionally interferes with the possession or use of the property of another person without the person's consent;
        (5) not having a contractual interest in the property, knowingly or intentionally enters the dwelling of another person without the

person's consent; or
        (6) knowingly or intentionally:
            (A) travels by train without lawful authority or the railroad carrier's consent; and
            (B) rides on the outside of a train or inside a passenger car, locomotive, or freight car, including a boxcar, flatbed, or container without lawful authority or the railroad carrier's consent;
commits criminal trespass, a Class A misdemeanor.
     (b) However, the offense described in subsection (a) is a Class D felony if:
         (1) it is committed:
             (A) on a scientific research facility;
             (B) on school property; or
             (C) on a school bus; or
         (2) the person has a prior unrelated conviction for an offense under this section concerning the same property; or
        (3) the person intended to:
            (A) damage, injure, or harass livestock on the property; or
            (B) release lawfully confined livestock from confinement on the property.

    (b) (c) A person has been denied entry under subdivision (a)(1) of this section when the person has been denied entry by means of:
        (1) personal communication, oral or written; or
        (2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public.
    (c) (d) Subsections (a), and (b), and (c) do not apply to the following:
        (1) A passenger on a train.
        (2) An employee of a railroad carrier while engaged in the performance of official duties.
        (3) A law enforcement officer, firefighter, or emergency response personnel while engaged in the performance of official duties.
        (4) A person going on railroad property in an emergency to rescue a person or animal from harm's way or to remove an object that the person reasonably believes poses an imminent threat to life or limb.
        (5) A person on the station grounds or in the depot of a railroad carrier:
            (A) as a passenger; or
            (B) for the purpose of transacting lawful business.


        (6) A:
            (A) person; or
            (B) person's:
                (i) family member;
                (ii) invitee;
                (iii) employee;
                (iv) agent; or
                (v) independent contractor;
        going on a railroad's right-of-way for the purpose of crossing at a private crossing site approved by the railroad carrier to obtain access to land that the person owns, leases, or operates.
        (7) A person having written permission from the railroad carrier to go on specified railroad property.
        (8) A representative of the Indiana department of transportation while engaged in the performance of official duties.
        (9) A representative of the federal Railroad Administration while engaged in the performance of official duties.
        (10) A representative of the National Transportation Safety Board while engaged in the performance of official duties.
SOURCE: ; (07)IN0265.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2007] IC 35-43-2-2, as amended by this act, applies only to offenses committed after June 30, 2007.