Introduced Version






HOUSE BILL No. 1058

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-47-2.

Synopsis: Handgun licenses. Requires a person: (1) who has a license to carry a handgun; (2) who carries the handgun in a vehicle or on or about the person's body; and (3) who is stopped or otherwise detained by a law enforcement officer for any reason; to immediately disclose to the law enforcement officer that the person is carrying the handgun in the vehicle or on or about the person's body. Makes a failure to immediately disclose the information to a law enforcement officer: (1) a Class C infraction for the first violation; and (2) a Class B infraction for a second or subsequent violation.

Effective: July 1, 2010.





VanDenburgh, Lawson L




    January 5, 2010, read first time and referred to Committee on Natural Resources.







Introduced

Second Regular Session 116th General Assembly (2010)


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 2009 Regular and Special Sessions of the General Assembly.

HOUSE BILL No. 1058



    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 35-47-2-22.5; (10)IN1058.1.1. -->     SECTION 1. IC 35-47-2-22.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 22.5. A person:
        (1) who has a license issued under this chapter to carry a handgun;
        (2) who carries the handgun in a vehicle or on or about the person's body; and
        (3) who is stopped or otherwise detained by a law enforcement officer for any reason;
shall immediately disclose to the law enforcement officer that the person is carrying the handgun in the vehicle or on or about the person's body.

SOURCE: IC 35-47-2-23; (10)IN1058.1.2. -->     SECTION 2. IC 35-47-2-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. (a) A person who violates section 3, 4, 5, 14, 15, or 16 of this chapter commits a Class B misdemeanor.
    (b) A person who violates section 7, 17, or 18 of this chapter

commits a Class C felony.
    (c) A person who violates section 1 of this chapter commits a Class A misdemeanor. However, the offense is a Class C felony:
        (1) if the offense is committed:
            (A) on or in school property;
            (B) within one thousand (1,000) feet of school property; or
            (C) on a school bus; or
        (2) if the person:
            (A) has a prior conviction of any offense under:
                (i) this subsection; or
                (ii) subsection (d); or
            (B) has been convicted of a felony within fifteen (15) years before the date of the offense.
    (d) A person who violates section 22 of this chapter commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior conviction of any offense under this subsection or subsection (c), or if the person has been convicted of a felony within fifteen (15) years before the date of the offense.
     (e) A person who violates section 22.5 of this chapter commits a Class C infraction. However, the violation is a Class B infraction if the person has a prior unrelated judgment for a violation of section 22.5 of this chapter.