Reprinted

February 20, 2009





HOUSE BILL No. 1609

_____


DIGEST OF HB 1609 (Updated February 19, 2009 3:02 pm - DI 69)



Citations Affected: IC 35-41; IC 35-42; noncode.

Synopsis: Battery on a sports official or utility worker. Makes battery on a: (1) sports official at a sports contest; or (2) utility worker engaged in the execution of the utility worker's official duty; a Class D felony instead of a Class B misdemeanor if it results in bodily injury to the sports official or utility worker.

Effective: July 1, 2009.





Soliday, Lawson L , Stevenson , Moseley




    January 16, 2009, read first time and referred to Committee on Courts and Criminal Code.
    February 16, 2009, amended, reported _ Do Pass.
    February 19, 2009, read second time, amended, ordered engrossed.





Reprinted

February 20, 2009

First Regular Session 116th General Assembly (2009)


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HOUSE BILL No. 1609



    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 35-41-1-26.2; (09)HB1609.2.1. -->     SECTION 1. IC 35-41-1-26.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 26.2. "Sports contest" means a professional or an amateur athletic contest, sport, match, tournament, meet, game, or other similar event viewed by the public.
SOURCE: IC 35-41-1-26.3; (09)HB1609.2.2. -->     SECTION 2. IC 35-41-1-26.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 26.3. (a) "Sports official" means an individual who acts or who is authorized to act in a sports contest as an umpire, a referee, a judge, or another official acting in a similar capacity.
    (b) The term does not include an individual who is attending a sports contest as a spectator.

SOURCE: IC 35-41-1-26.9; (09)HB1609.2.3. -->     SECTION 3. IC 35-41-1-26.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 26.9. "Utility worker" means an

individual who is employed by or an independent contractor or an employee of an independent contractor working on behalf of one (1) of the following:
        (1) A public utility (as defined in IC 8-1-2-1(a)).
        (2) A municipally owned utility (as defined in IC 8-1-2-1(h)).
        (3) A cable or satellite television company.
        (4) A telecommunications carrier.
        (5) An electric cooperative.
        (6) A telephone cooperative.
        (7) A nonprofit utility.

SOURCE: IC 35-42-2-1; (09)HB1609.2.4. -->     SECTION 4. IC 35-42-2-1, AS AMENDED BY P.L.120-2008, SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) A person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery, a Class B misdemeanor. However, the offense is:
        (1) a Class A misdemeanor if:
            (A) it results in bodily injury to any other person;
            (B) it is committed against a law enforcement officer or against a person summoned and directed by the officer while the officer is engaged in the execution of the officer's official duty;
            (C) it is committed against an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee's official duty;
            (D) it is committed against a firefighter (as defined in IC 9-18-34-1) while the firefighter is engaged in the execution of the firefighter's official duty;
            (E) it is committed against a community policing volunteer:
                (i) while the volunteer is performing the duties described in IC 35-41-1-4.7; or
                (ii) because the person is a community policing volunteer; or
            (F) it is committed against the state chemist or the state chemist's agent while the state chemist or the state chemist's agent is performing a duty under IC 15-16-5;
        (2) a Class D felony if it results in bodily injury to:
            (A) a law enforcement officer or a person summoned and directed by a law enforcement officer while the officer is engaged in the execution of the officer's official duty;
            (B) a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
            (C) a person of any age who has a mental or physical disability and is committed by a person having the care of the person with a mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation;
            (D) the other person and the person who commits the battery was previously convicted of a battery in which the victim was the other person;
            (E) an endangered adult (as defined in IC 12-10-3-2);
            (F) an employee of the department of correction while the employee is engaged in the execution of the employee's official duty;
            (G) an employee of a school corporation while the employee is engaged in the execution of the employee's official duty;
            (H) a correctional professional while the correctional professional is engaged in the execution of the correctional professional's official duty;
            (I) a person who is a health care provider (as defined in IC 16-18-2-163) while the health care provider is engaged in the execution of the health care provider's official duty;
            (J) an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee's official duty;
            (K) a firefighter (as defined in IC 9-18-34-1) while the firefighter is engaged in the execution of the firefighter's official duty;
            (L) a community policing volunteer:
                (i) while the volunteer is performing the duties described in IC 35-41-1-4.7; or
                (ii) because the person is a community policing volunteer; or
            (M) a family or household member (as defined in IC 35-41-1-10.6) if the person who committed the offense:
                (i) is at least eighteen (18) years of age; and
                (ii) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense;
            (N) a utility worker while the utility worker is engaged in the execution of the utility worker's official duty; or
            (O) a sports official at the location or in the immediate vicinity of the location at which a sports contest takes place, has taken place, or is scheduled to take place;

        (3) a Class C felony if it results in serious bodily injury to any

other person or if it is committed by means of a deadly weapon;
        (4) a Class B felony if it results in serious bodily injury to a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
        (5) a Class A felony if it results in the death of a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
        (6) a Class C felony if it results in serious bodily injury to an endangered adult (as defined in IC 12-10-3-2);
        (7) a Class B felony if it results in the death of an endangered adult (as defined in IC 12-10-3-2); and
        (8) a Class C felony if it results in bodily injury to a pregnant woman and the person knew the woman was pregnant.
    (b) For purposes of this section:
        (1) "law enforcement officer" includes an alcoholic beverage enforcement officer; and
        (2) "correctional professional" means a:
            (A) probation officer;
            (B) parole officer;
            (C) community corrections worker; or
            (D) home detention officer.

SOURCE: ; (09)HB1609.2.5. -->     SECTION 5. [EFFECTIVE JULY 1, 2009] IC 35-42-2-1(a)(2)(N) and IC 35-42-2-1(a)(2)(O), both as added by this act, apply only to crimes committed after June 30, 2009.