Introduced Version






HOUSE BILL No. 1308

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-44-3-9.4; IC 35-48-4-13.

Synopsis: Contraband in penal facilities; public nuisances. Makes it unlawful possession of contraband in a penal facility or juvenile facility, a Class A misdemeanor, for a person to knowingly or intentionally carry contraband into a penal facility or juvenile facility with intent to personally use the contraband unless the person has been authorized to do so by the person in charge of a penal facility or juvenile facility. Makes the offense a Class C felony if the contraband is a controlled substance or deadly weapon. Specifies that a person commits visiting a common nuisance, a Class B misdemeanor, if the person knowingly or intentionally visits a building, structure, vehicle, or other place that is used by any person to unlawfully use a controlled substance one or more times.

Effective: July 1, 2009.





Leonard, Tincher, Truitt, Clements




    January 13, 2009, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 116th General Assembly (2009)


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. 1308



    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 35-44-3-9.4; (09)IN1308.1.1. -->     SECTION 1. IC 35-44-3-9.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9.4. (a) As used in this section, "contraband" means the following:
        (1) Alcohol.
        (2) A cigarette or tobacco product.
        (3) A controlled substance.
        (4) An item that may be used as a weapon.
    (b) As used in this section, "juvenile facility" means the following:
        (1) A secure facility (as defined in IC 31-9-2-114) in which a child is detained under IC 31 or used for a child awaiting adjudication or adjudicated under IC 31 as a child in need of services or a delinquent child.
        (2) A shelter care facility (as defined in IC 31-9-2-117) in which a child is detained under IC 31 or used for a child awaiting adjudication or adjudicated under IC 31 as a child

in need of services or a delinquent child.
    (c) A person who, without the prior authorization of the person in charge of a penal facility or juvenile facility, knowingly or intentionally carries contraband into the penal facility or juvenile facility with intent to personally use the contraband commits unlawful possession of contraband in a penal facility or juvenile facility, a Class A misdemeanor. However, the offense is a Class C felony if the contraband is a:
        (1) controlled substance; or
        (2) deadly weapon.

SOURCE: IC 35-48-4-13; (09)IN1308.1.2. -->     SECTION 2. IC 35-48-4-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 13. (a) A person who knowingly or intentionally visits a building, structure, vehicle, or other place that is used by any person to unlawfully use a controlled substance one (1) or more times commits visiting a common nuisance, a Class B misdemeanor.
    (b) A person who knowingly or intentionally maintains a building, structure, vehicle, or other place that is used one (1) or more times:
        (1) by persons to unlawfully use controlled substances; or
        (2) for unlawfully:
            (A) manufacturing;
            (B) keeping;
            (C) offering for sale;
            (D) selling;
            (E) delivering; or
            (F) financing the delivery of;
        controlled substances, or items of drug paraphernalia as described in IC 35-48-4-8.5;
commits maintaining a common nuisance, a Class D felony.
SOURCE: ; (09)IN1308.1.3. -->     SECTION 3. [EFFECTIVE JULY 1, 2009] IC 35-44-3-9.4, as added by this act, and IC 35-48-4-13, as amended by this act, apply only to offenses committed after June 30, 2009.