Indiana House Bill 1205 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 4-0)
Status: Introduced on January 14 2021 - 25% progression, died in committee
Action: 2021-01-14 - First reading: referred to Committee on Courts and Criminal Code
Pending: House Courts and Criminal Code Committee
Text: Latest bill text (Introduced) [PDF]

Rioting. Removes immunity under the Indiana tort claims act for the failure to enforce a law if the failure to enforce the law: (1) occurs in connection with an unlawful assembly; and (2) constitutes gross negligence. Requires a person convicted of a battery against a law enforcement officer, firefighter, or emergency medical services provider to: (1) serve a mandatory minimum sentence of 30 or 90 days, depending on the severity of the injury; and (2) make restitution to the victim. Defines "tumultuous conduct" and "unlawful assembly" for purposes of the rioting statute, and requires a person convicted of rioting to: (1) serve a mandatory minimum sentence of 30 days; and (2) make restitution to the victim. Defines "camp" and "state capitol and related property", and makes unlawful camping on state capitol and related property a Class A misdemeanor. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person while a (lawful or unlawful) protest was taking place. Adds enhanced penalties to the crimes of: (1) rioting; (2) criminal mischief; (3) intimidation; and (4) disorderly conduct. Adds a sentence enhancement to battery committed while a (lawful or unlawful) protest was taking place. Defines "defunding law enforcement" and allows a person to bring an action to enjoin a local unit from defunding law enforcement.

Rioting.

Rep. Wendy McNamara [R]

Rep. Gregory Steuerwald [R]

Rep. Steve Bartels [R]

Rep. Heath VanNatter [R]

Date	Chamber	Action
2021-01-14	House	First reading: referred to Committee on Courts and Criminal Code
2021-01-14	House	Coauthored by Representatives Steuerwald, Bartels, VanNatter
2021-01-14	House	Authored by Representative McNamara

Type	Source
Summary	https://iga.in.gov/legislative/2021/bills/house/1205/details
Text	http://iga.in.gov/static-documents/7/0/7/4/70743d0a/HB1205.01.INTR.pdf
Supplement	http://iga.in.gov/static-documents/c/6/3/e/c63e5ae1/HB1205.01.INTR.FN001.pdf