Introduced Version
HOUSE BILL No. 1148
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-19; IC 9-30-2-2; IC 35-44-3-3.
Synopsis: Authorized emergency vehicles. Provides that a police
vehicle must utilize a siren and a red and blue emergency signal lamp
in order for certain traffic stops to be valid. Provides that an authorized
emergency vehicle must utilize a siren when the authorized emergency
vehicle is being operated in the immediate pursuit of an actual or
suspected violator of the law. Provides that an individual commits
resisting law enforcement if the individual flees from a law
enforcement officer after the officer has, by visible and audible means,
including operation of the law enforcement officer's siren and
emergency lights, identified himself or herself as a law enforcement
officer and ordered the person to stop. (Current law requires only
identification by visible or audible means.) Makes technical
corrections.
Effective: July 1, 2009.
Pond, Moses, Bell
January 12, 2009, read first time and referred to Committee on Veterans Affairs and Public
Safety.
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2008 Regular Session of the General Assembly.
HOUSE BILL No. 1148
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-19-5-3; (09)IN1148.1.1. -->
SECTION 1. IC 9-19-5-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 3. (a) Except as provided in
subsection (b):
(1) a vehicle may not be equipped with; and
(2) a person may not use upon a vehicle;
a siren, whistle, or bell.
(b) An authorized emergency vehicle may be equipped with a siren,
whistle, or bell that is capable of emitting sound audible under normal
conditions from a distance of not less than five hundred (500) feet and
of a type approved by the department. A siren authorized under this
section may not be used except when, during the operation of the
authorized emergency vehicle is operated in response to an
emergency call, or in the immediate pursuit of an actual or suspected
violation of the law. The person who drives a vehicle equipped with a
siren under this section shall sound the siren when it is reasonably
necessary to warn pedestrians and other persons who are driving
vehicles of the approach of the authorized vehicle.
(c) The siren of an authorized emergency vehicle must be used
when the authorized emergency vehicle is being operated in the
immediate pursuit of an actual or suspected violator of the law.
SOURCE: IC 9-19-14-3; (09)IN1148.1.2. -->
SECTION 2. IC 9-19-14-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. An authorized
emergency vehicle may be equipped with a siren, whistle, or bell
capable of emitting sound audible under normal conditions from a
distance of not less than five hundred (500) feet and of a type approved
by the state police department. The siren:
(1) may not be used except when the authorized emergency
vehicle is operated as follows:
(1) in response to an emergency call; and
(2) must be used when the authorized emergency vehicle is in
the immediate pursuit of an actual or suspected violation violator
of the law. In this case, the driver of the vehicle shall sound the
vehicle's siren when reasonably necessary to warn pedestrians and
other drivers of the vehicle's approach.
SOURCE: IC 9-30-2-2; (09)IN1148.1.3. -->
SECTION 3. IC 9-30-2-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 2. (a) This section does not apply
to a law enforcement officer:
(1) issuing a traffic information and summons or an ordinance
violation citation concerning the use and operation of a motor
vehicle; or
(2) making an arrest;
when there is a uniformed officer present at the time of the
issuance of the traffic information and summons, ordinance
violation citation, or citation for the violation leading to the arrest.
(b) A law enforcement officer may not arrest or issue a traffic
information and summons to a person for a violation of an Indiana law
regulating the use and operation of a motor vehicle on an Indiana
highway or an ordinance of a city or town regulating the use and
operation of a motor vehicle on an Indiana highway unless at the time
of the arrest the officer:
(1) at the time of the arrest or issuance is (1) wearing a
distinctive uniform and a badge of authority so that the officer
was clearly identified as a law enforcement officer; or
(2) was, in order to effectuate the traffic stop, operating a
motor vehicle that is: was:
(A) clearly marked as a police vehicle;
(B) displaying at least one (1) signal lamp equipped with a
red beam and a blue beam in the manner provided in
IC 9-19-14-5; and
(C) giving an audible signal by means of the siren with
which the motor vehicle was equipped under IC 9-19-14-3
so that will clearly show the officer or the officer's vehicle to
casual observations to be an officer or was clearly identified
as a police vehicle. This section does not apply to an officer
making an arrest when there is a uniformed officer present at
the time of the arrest.
SOURCE: IC 35-44-3-3; (09)IN1148.1.4. -->
SECTION 4. IC 35-44-3-3, AS AMENDED BY P.L.143-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 3. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law enforcement
officer or a person assisting the officer while the officer is
lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the authorized
service or execution of a civil or criminal process or order of a
court; or
(3) flees from a law enforcement officer after the officer has, by
visible
or and audible means, including operation of the law
enforcement officer's siren
or and emergency lights, identified
himself or herself
as a law enforcement officer and ordered the
person to stop;
commits resisting law enforcement, a Class A misdemeanor, except as
provided in subsection (b).
(b) The offense under subsection (a) is a:
(1) Class D felony if:
(A) the offense is described in subsection (a)(3) and the person
uses a vehicle to commit the offense; or
(B) while committing any offense described in subsection (a),
the person draws or uses a deadly weapon, inflicts bodily
injury on or otherwise causes bodily injury to another person,
or operates a vehicle in a manner that creates a substantial risk
of bodily injury to another person;
(2) Class C felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes serious bodily injury to another person; and
(3) Class B felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death of another person.
(c) For purposes of this section, a law enforcement officer includes
an enforcement officer of the alcohol and tobacco commission and a
conservation officer of the department of natural resources.
(d) If a person uses a vehicle to commit a felony offense under
subsection (b)(1)(B), (b)(2), or (b)(3), as part of the criminal penalty
imposed for the offense, the court shall impose a minimum executed
sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1) prior
unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior unrelated
convictions under this section.
(e) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, the mandatory
minimum sentence imposed under subsection (d) may not be
suspended.