Citations Affected: IC 35-44.
Synopsis: Impersonating a firefighter. Makes impersonation of a
firefighter a Class A misdemeanor. The offense is a Class D felony if,
as a proximate result of the person entering an emergency incident
area, a person suffers bodily injury. Provides that a person who is not
a firefighter who refuses to leave an emergency incident area after
being requested to do so commits a Class A misdemeanor. Provides
that a firefighter who enters an emergency incident area, but has not
been dispatched to the emergency dispatch area, and who refuses to
leave after being requested to do so commits a Class C infraction.
Provides that a person who interferes with a firefighter performing
required duties commits a Class A misdemeanor.
Effective: July 1, 2001.
January 9, 2001, read first time and referred to Committee on Courts and Criminal Code.
February 13, 2001, amended, reported _ Do Pass.
February 19, 2001, read second time, amended, ordered engrossed.
February 20, 2001, engrossed. Read third time, passed. Yeas 92, nays 3.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
barrier tape, or other markers; or
(2) one hundred and fifty (150) feet in all directions from the
perimeter of the emergency incident;
whichever is greater.
Sec. 3. As used in this chapter, "firefighter" has the meaning set
forth in IC 9-18-34-1.
Sec. 4. As used in this chapter, "fire protective clothing and fire
protective gear" includes any of the following items generally used
by firefighters:
(1) Outer fire retardant clothing and headgear.
(2) Fire gloves.
(3) Selfcontained breathing apparatus.
(4) Emergency medical services protective gear.
(5) Hazardous materials protective gear.
Sec. 5. A person who is not a firefighter who knowingly or
intentionally refuses to leave an emergency incident area
immediately after being requested to do so by a firefighter or law
enforcement officer commits a Class A misdemeanor.
Sec. 6. A firefighter who:
(1) has not been dispatched to an emergency incident area;
(2) enters an emergency incident area; and
(3) refuses to leave an emergency incident area immediately
after being requested to do so by a dispatched firefighter or
law enforcement officer;
commits a Class C infraction.
Sec. 7. A person other than a firefighter who, with intent to
mislead a firefighter or law enforcement officer as to the person's
status as a dispatched firefighter, knowingly or intentionally enters
an emergency incident area while wearing, transporting, or
otherwise possessing a uniform, fire protective clothing, or fire
protective gear commits a Class A misdemeanor. However, the
offense is a Class D felony if, as a proximate result of the person
entering the emergency incident area, a person or firefighter
suffers bodily injury (as defined in IC 35-41-1-4).
Sec. 8. A person who knowingly or intentionally obstructs or
interferes with a firefighter performing or attempting to perform
the firefighter's emergency functions or duties as a firefighter
commits obstructing a firefighter, a Class A misdemeanor.