Introduced Version






HOUSE BILL No. 1345

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-46-3-11.

Synopsis: Offenses against law enforcement animals. Provides that mistreating or interfering with a law enforcement animal is a Class D felony. (Current law provides that the offense is a Class A misdemeanor, absent specified aggravating circumstances under which the offense is a Class D felony.)

Effective: July 1, 2011.





Neese




    January 13, 2011, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 117th General Assembly (2011)


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HOUSE BILL No. 1345



    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 35-46-3-11; (11)IN1345.1.1. -->     SECTION 1. IC 35-46-3-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11. (a) A person who knowingly or intentionally:
        (1) strikes, torments, injures, or otherwise mistreats a law enforcement animal; or
        (2) interferes with the actions of a law enforcement animal while the animal is engaged in assisting a law enforcement officer in the performance of the officer's duties;
commits a Class A misdemeanor. Class D felony.
    (b) An offense under subsection (a)(1) is a Class D felony if the act results in:
        (1) serious permanent disfigurement;
        (2) unconsciousness;
        (3) permanent or protracted loss or impairment of the function of a bodily member or organ; or
        (4) death;
of the law enforcement animal.
    (c) (b) It is a defense that the accused person:
        (1) engaged in a reasonable act of training, handling, or discipline; and
        (2) acted as an employee or agent of a law enforcement agency.
    (d) (c) In addition to any sentence or fine imposed for a conviction of an offense under this section, the court may order the person convicted to make restitution to the person or law enforcement agency owning the animal for reimbursement of:
        (1) veterinary bills; and
        (2) replacement costs of the animal if the animal is disabled or killed.