Bill Text: IN HB1077 | 2012 | Regular Session | Introduced
Bill Title: Battery upon a law enforcement officer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Courts and Criminal Code [HB1077 Detail]
Download: Indiana-2012-HB1077-Introduced.html
Citations Affected: IC 35-37-4; IC 35-42-2-1; IC 35-46-1.
Synopsis: Battery upon a law enforcement officer. Makes battery a
Class D felony if the offense is committed against a: (1) law
enforcement officer; or (2) person summoned and directed by a law
enforcement officer; while the officer is engaged in the execution of the
officer's official duty. Makes conforming amendments.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Courts and Criminal Code.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) Sex crimes (IC 35-42-4).
(2) Battery upon a child
(3) Kidnapping and confinement (IC 35-42-3).
(4) Incest (IC 35-46-1-3).
(5) Neglect of a dependent (IC 35-46-1-4).
(6) Human and sexual trafficking crimes (IC 35-42-3.5).
(7) An attempt under IC 35-41-5-1 for an offense listed in subdivisions (1) through (6).
(b) This section applies to a criminal action involving the following offenses where the victim is a protected person under subsection (c)(3):
(1) Exploitation of a dependent or endangered adult
(IC 35-46-1-12).
(2) A sex crime (IC 35-42-4).
(3) Battery (IC 35-42-2-1).
(4) Kidnapping, confinement, or interference with custody
(IC 35-42-3).
(5) Home improvement fraud (IC 35-43-6).
(6) Fraud (IC 35-43-5).
(7) Identity deception (IC 35-43-5-3.5).
(8) Synthetic identity deception (IC 35-43-5-3.8).
(9) Theft (IC 35-43-4-2).
(10) Conversion (IC 35-43-4-3).
(11) Neglect of a dependent (IC 35-46-1-4).
(12) Human and sexual trafficking crimes (IC 35-42-3.5).
(c) As used in this section, "protected person" means:
(1) a child who is less than fourteen (14) years of age;
(2) an individual with a mental disability who has a disability
attributable to an impairment of general intellectual functioning
or adaptive behavior that:
(A) is manifested before the individual is eighteen (18) years
of age;
(B) is likely to continue indefinitely;
(C) constitutes a substantial impairment of the individual's
ability to function normally in society; and
(D) reflects the individual's need for a combination and
sequence of special, interdisciplinary, or generic care,
treatment, or other services that are of lifelong or extended
duration and are individually planned and coordinated; or
(3) an individual who is:
(A) at least eighteen (18) years of age; and
(B) incapable by reason of mental illness, mental retardation,
dementia, or other physical or mental incapacity of:
(i) managing or directing the management of the individual's
property; or
(ii) providing or directing the provision of self-care.
(d) A statement or videotape that:
(1) is made by a person who at the time of trial is a protected
person;
(2) concerns an act that is a material element of an offense listed
in subsection (a) or (b) that was allegedly committed against the
person; and
(3) is not otherwise admissible in evidence;
is admissible in evidence in a criminal action for an offense listed in
subsection (a) or (b) if the requirements of subsection (e) are met.
(e) A statement or videotape described in subsection (d) is
admissible in evidence in a criminal action listed in subsection (a) or
(b) if, after notice to the defendant of a hearing and of the defendant's
right to be present, all of the following conditions are met:
(1) The court finds, in a hearing:
(A) conducted outside the presence of the jury; and
(B) attended by the protected person in person or by using
closed circuit television testimony as described in section 8(f)
and 8(g) of this chapter;
that the time, content, and circumstances of the statement or
videotape provide sufficient indications of reliability.
(2) The protected person:
(A) testifies at the trial; or
(B) is found by the court to be unavailable as a witness for one
(1) of the following reasons:
(i) From the testimony of a psychiatrist, physician, or
psychologist, and other evidence, if any, the court finds that
the protected person's testifying in the physical presence of
the defendant will cause the protected person to suffer
serious emotional distress such that the protected person
cannot reasonably communicate.
(ii) The protected person cannot participate in the trial for
medical reasons.
(iii) The court has determined that the protected person is
incapable of understanding the nature and obligation of an
oath.
(f) If a protected person is unavailable to testify at the trial for a
reason listed in subsection (e)(2)(B), a statement or videotape may be
admitted in evidence under this section only if the protected person was
available for cross-examination:
(1) at the hearing described in subsection (e)(1); or
(2) when the statement or videotape was made.
(g) A statement or videotape may not be admitted in evidence under
this section unless the prosecuting attorney informs the defendant and
the defendant's attorney at least ten (10) days before the trial of:
(1) the prosecuting attorney's intention to introduce the statement
or videotape in evidence; and
(2) the content of the statement or videotape.
(h) If a statement or videotape is admitted in evidence under this
section, the court shall instruct the jury that it is for the jury to
determine the weight and credit to be given the statement or videotape
and that, in making that determination, the jury shall consider the
following:
(1) The mental and physical age of the person making the
statement or videotape.
(2) The nature of the statement or videotape.
(3) The circumstances under which the statement or videotape
was made.
(4) Other relevant factors.
(i) If a statement or videotape described in subsection (d) is
admitted into evidence under this section, a defendant may introduce
a:
(1) transcript; or
(2) videotape;
of the hearing held under subsection (e)(1) into evidence at trial.
(1) Sex crimes (IC 35-42-4).
(2) Battery upon a child
(3) Kidnapping and confinement (IC 35-42-3).
(4) Incest (IC 35-46-1-3).
(5) Neglect of a dependent (IC 35-46-1-4).
(6) Human and sexual trafficking crimes (IC 35-42-3.5).
(7) An attempt under IC 35-41-5-1 for an offense listed in subdivisions (1) through (6).
(b) As used in this section, "protected person" has the meaning set forth in section 6 of this chapter.
(c) On the motion of the prosecuting attorney, the court may order that the testimony of a protected person be taken in a room other than the courtroom, and that the questioning of the protected person by the prosecution and the defense be transmitted using a two-way closed circuit television arrangement that:
(1) allows the protected person to see the accused and the trier of fact; and
(2) allows the accused and the trier of fact to see and hear the protected person.
(d) On the motion of the prosecuting attorney or the defendant, the court may order that the testimony of a protected person be videotaped for use at trial. The videotaping of the testimony of a protected person under this subsection must meet the requirements of subsection (c).
(e) The court may not make an order under subsection (c) or (d) unless:
(1) the testimony to be taken is the testimony of a protected person who:
(A) is the alleged victim of an offense listed in subsection (a) for which the defendant is being tried or is a witness in a trial for an offense listed in subsection (a); and
(B) is found by the court to be a protected person who should be permitted to testify outside the courtroom because:
(i) the court finds from the testimony of a psychiatrist, physician, or psychologist and any other evidence that the protected person's testifying in the physical presence of the defendant would cause the protected person to suffer serious emotional harm and the court finds that the protected person could not reasonably communicate in the physical presence of the defendant to the trier of fact;
(ii) a physician has certified that the protected person cannot be present in the courtroom for medical reasons; or
(iii) evidence has been introduced concerning the effect of the protected person's testifying in the physical presence of the defendant, and the court finds that it is more likely than not that the protected person's testifying in the physical presence of the defendant creates a substantial likelihood of emotional or mental harm to the protected person;
(2) the prosecuting attorney has informed the defendant and the defendant's attorney of the intention to have the protected person testify outside the courtroom; and
(3) the prosecuting attorney informed the defendant and the defendant's attorney under subdivision (2) at least ten (10) days before the trial of the prosecuting attorney's intention to have the protected person testify outside the courtroom.
(f) If the court makes an order under subsection (c), only the following persons may be in the same room as the protected person during the protected person's testimony:
(1) A defense attorney if:
(A) the defendant is represented by the defense attorney; and
(B) the prosecuting attorney is also in the same room.
(2) The prosecuting attorney if:
(A) the defendant is represented by a defense attorney; and
(B) the defense attorney is also in the same room.
(3) Persons necessary to operate the closed circuit television equipment.
(4) Persons whose presence the court finds will contribute to the protected person's well-being.
(5) A court bailiff or court representative.
(g) If the court makes an order under subsection (d), only the following persons may be in the same room as the protected person during the protected person's videotaped testimony:
(1) The judge.
(2) The prosecuting attorney.
(3) The defendant's attorney (or the defendant, if the defendant is not represented by an attorney).
(4) Persons necessary to operate the electronic equipment.
(5) The court reporter.
(6) Persons whose presence the court finds will contribute to the protected person's well-being.
(7) The defendant, who can observe and hear the testimony of the protected person with the protected person being able to observe or hear the defendant. However, if the defendant is not represented by an attorney, the defendant may question the protected person.
(h) If the court makes an order under subsection (c) or (d), only the following persons may question the protected person:
(1) The prosecuting attorney.
(2) The defendant's attorney (or the defendant, if the defendant is not represented by an attorney).
(3) The judge.
(1) a Class A misdemeanor if:
(A) it results in bodily injury to any other person;
of the firefighter's official duty;
(E) (D) it is committed against a community policing
volunteer:
(i) while the volunteer is performing the duties described in
IC 35-41-1-4.7; or
(ii) because the person is a community policing volunteer;
or
(F) (E) it is committed against the state chemist or the state
chemist's agent while the state chemist or the state chemist's
agent is performing a duty under IC 15-16-5;
(2) a Class D felony if it results in bodily injury to:
(A) a law enforcement officer or a person summoned and
directed by a law enforcement officer while the officer is
engaged in the execution of the officer's official duty;
(B) (A) a person less than fourteen (14) years of age and is
committed by a person at least eighteen (18) years of age;
(C) (B) a person of any age who has a mental or physical
disability and is committed by a person having the care of the
person with a mental or physical disability, whether the care
is assumed voluntarily or because of a legal obligation;
(D) (C) the other person and the person who commits the
battery was previously convicted of a battery in which the
victim was the other person;
(E) (D) an endangered adult (as defined in IC 12-10-3-2);
(F) (E) an employee of the department of correction while the
employee is engaged in the execution of the employee's
official duty;
(G) (F) an employee of a school corporation while the
employee is engaged in the execution of the employee's
official duty;
(H) (G) a correctional professional while the correctional
professional is engaged in the execution of the correctional
professional's official duty;
(I) (H) a person who is a health care provider (as defined in
IC 16-18-2-163) while the health care provider is engaged in
the execution of the health care provider's official duty;
(J) (I) an employee of a penal facility or a juvenile detention
facility (as defined in IC 31-9-2-71) while the employee is
engaged in the execution of the employee's official duty;
(K) (J) a firefighter (as defined in IC 9-18-34-1) while the
firefighter is engaged in the execution of the firefighter's
official duty;
(i) while the volunteer is performing the duties described in IC 35-41-1-4.7; or
(ii) because the person is a community policing volunteer;
(i) is at least eighteen (18) years of age; and
(ii) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense; or
(3) a Class C felony if it results in serious bodily injury to any other person or if it is committed by means of a deadly weapon;
(4) a Class B felony if it results in serious bodily injury to a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
(5) a Class A felony if it results in the death of a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
(6) a Class C felony if it results in serious bodily injury to an endangered adult (as defined in IC 12-10-3-2);
(7) a Class B felony if it results in the death of an endangered adult (as defined in IC 12-10-3-2);
(8) a Class C felony if it results in bodily injury to a pregnant woman and the person knew the woman was pregnant; and
(9) a Class D felony if it is committed against a:
(A) law enforcement officer; or
(B) person summoned and directed by a law enforcement officer;
while the officer is engaged in the execution of the officer's official duty.
(b) For purposes of this section:
(1) "law enforcement officer" includes an alcoholic beverage enforcement officer; and
(2) "correctional professional" means a:
(A) probation officer;
(B) parole officer;
(C) community corrections worker; or
(D) home detention officer.
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 13. (a) A person who:
(1) believes or has reason to believe that an endangered adult is
the victim of battery, neglect, or exploitation as prohibited by this
chapter, IC 35-42-2-1(a)(2)(C), IC 35-42-2-1(a)(2)(B), or
IC 35-42-2-1(a)(2)(E); IC 35-42-2-1(a)(2)(D); and
(2) knowingly fails to report the facts supporting that belief to the
division of disability and rehabilitative services, the division of
aging, the adult protective services unit designated under
IC 12-10-3, or a law enforcement agency having jurisdiction over
battery, neglect, or exploitation of an endangered adult;
commits a Class B misdemeanor.
(b) An officer or employee of the division or adult protective
services unit who unlawfully discloses information contained in the
records of the division of aging under IC 12-10-3-12 through
IC 12-10-3-15 commits a Class C infraction.
(c) A law enforcement agency that receives a report that an
endangered adult is or may be a victim of battery, neglect, or
exploitation as prohibited by this chapter, IC 35-42-2-1(a)(2)(C),
IC 35-42-2-1(a)(2)(B), or IC 35-42-2-1(a)(2)(E)
IC 35-42-2-1(a)(2)(D) shall immediately communicate the report to
the adult protective services unit designated under IC 12-10-3.
(d) An individual who discharges, demotes, transfers, prepares a
negative work performance evaluation, reduces benefits, pay, or work
privileges, or takes other action to retaliate against an individual who
in good faith makes a report under IC 12-10-3-9 concerning an
endangered individual commits a Class A infraction.
(1) makes or causes to be made a report of neglect, battery, or exploitation under this chapter,
(2) makes or causes to be made photographs or x-rays of a victim of suspected neglect or battery of an endangered adult or a dependent eighteen (18) years of age or older; or
(3) participates in any official proceeding or a proceeding resulting from a report of neglect, battery, or exploitation of an endangered adult or a dependent eighteen (18) years of age or older relating to the subject matter of that report;
is immune from any civil or criminal liability that might otherwise be imposed because of these actions. However, this section does not apply to a person accused of neglect, battery, or exploitation of an endangered adult or a dependent eighteen (18) years of age or older.
