Second Regular Session 114th General Assembly (2006)


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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    SENATE ENROLLED ACT No. 5



     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 35-45-1-3; (06)SE0005.1.1. -->     SECTION 1. IC 35-45-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) A person who recklessly, knowingly, or intentionally:
        (1) engages in fighting or in tumultuous conduct;
        (2) makes unreasonable noise and continues to do so after being asked to stop; or
        (3) disrupts a lawful assembly of persons;
commits disorderly conduct, a Class B misdemeanor.
     (b) However, The offense described in subsection (a) is a Class D felony if it:
         (1) adversely affects airport security; and
         (2) is committed in an airport (as defined in IC 8-21-1-1) or on the premises of an airport, including in a parking area, a maintenance bay, or an aircraft hangar.
     (c) The offense described in subsection (a) is a Class D felony if it:
        (1) is committed within five hundred (500) feet of:
            (A) the location where a burial is being performed;
            (B) a funeral procession, if the person described in subsection (a) knows that the funeral procession is taking place; or
            (C) a building in which:
                (i) a funeral or memorial service; or
                (ii) the viewing of a deceased person;
            is being conducted; and
        (2) adversely affects the funeral, burial, viewing, funeral procession, or memorial service.

SOURCE: IC 35-45-2-1; (06)SE0005.1.2. -->     SECTION 2. IC 35-45-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) A person who communicates a threat to another person, with the intent:
        (1) that the other person engage in conduct against the other person's will;
        (2) that the other person be placed in fear of retaliation for a prior lawful act; or
        (3) of causing:
            (A) a dwelling, a building, or another structure; or
            (B) a vehicle;
        to be evacuated;
commits intimidation, a Class A misdemeanor.
    (b) However, the offense is a:
        (1) Class D felony if:
            (A) the threat is to commit a forcible felony;
            (B) the person to whom the threat is communicated:
                (i) is a law enforcement officer;
                (ii) is a judge or bailiff of any court;
                (iii) is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat;
                (iv) is an employee of a school corporation; or
                (v) is a community policing volunteer;
                 (vi) is an employee of a court;
                (vii) is an employee of a probation department; or
                (viii) is an employee of a community corrections program.

            (C) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or
            (D) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and
        (2) Class C felony if, while committing it, the person draws or uses a deadly weapon.
    (c) "Threat" means an expression, by words or action, of an intention to:
        (1) unlawfully injure the person threatened or another person, or damage property;
        (2) unlawfully subject a person to physical confinement or restraint;
        (3) commit a crime;
        (4) unlawfully withhold official action, or cause such withholding;
        (5) unlawfully withhold testimony or information with respect to another person's legal claim or defense, except for a reasonable claim for witness fees or expenses;
        (6) expose the person threatened to hatred, contempt, disgrace, or ridicule;
        (7) falsely harm the credit or business reputation of the person threatened; or
        (8) cause the evacuation of a dwelling, a building, another structure, or a vehicle.
SOURCE: ; (06)SE0005.1.3. -->     SECTION 3. [EFFECTIVE UPON PASSAGE] IC 35-45-1-3 and IC 35-45-2-1, both as amended by this act, apply only to crimes committed after the effective date of this act.
SOURCE: ; (06)SE0005.1.4. -->     SECTION 4. An emergency is declared for this act.


SEA 5 _ Concur

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