February 8, 2013





HOUSE BILL No. 1093

_____


DIGEST OF HB 1093 (Updated February 6, 2013 6:18 pm - DI 69)



Citations Affected: IC 35-46.

Synopsis: Killing a law enforcement animal. Requires a court to order a person convicted of the offense of: (1) striking, tormenting, injuring, or otherwise mistreating a law enforcement animal; or (2) interfering with the actions of a law enforcement animal while the animal is engaged in assisting a law enforcement officer; to make restitution to the person or law enforcement agency that owns the animal for reimbursement of replacement costs of the animal if the animal is permanently disabled or killed.

Effective: July 1, 2013.





VanDenburgh , Mahan




    January 8, 2013, read first time and referred to Committee on Courts and Criminal Code.
    February 7, 2013, amended, reported _ Do Pass.






February 8, 2013

First Regular Session 118th General Assembly (2013)


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. 1093



    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; (13)HB1093.1.1. -->     SECTION 1. IC 35-46-3-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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.
    (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) 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) In addition to any sentence or fine imposed for a conviction of an offense under this section, the court:
         (1) 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) shall order the person convicted to make restitution to the person or law enforcement agency owning the animal for reimbursement of replacement costs of the animal if the animal is permanently disabled or killed.