Bill Text: IN HB1093 | 2013 | Regular Session | Engrossed
Bill Title: Killing a law enforcement animal.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 161 [HB1093 Detail]
Download: Indiana-2013-HB1093-Engrossed.html
Citations Affected: IC 5-2; IC 35-46; noncode.
Effective: July 1, 2013.
(SENATE SPONSORS _ LANDSKE, ARNOLD J, RANDOLPH,
MILLER PATRICIA, ZAKAS, LANANE)
January 8, 2013, read first time and referred to Committee on Courts and Criminal Code.
February 7, 2013, amended, reported _ Do Pass.
February 11, 2013, read second time, ordered engrossed.
February 12, 2013, engrossed. Read third time, passed. Yeas 97, nays 0.
February 25, 2013, read first time and referred to Committee on Corrections and Criminal Law.
March 14, 2013, amended, reported favorably _ Do Pass.
March 18, 2013, read second time, amended, ordered engrossed.
Digest Continued
legislative council to assing to an interim study committee the topic of the appropriate penalty for a person who harms a law enforcement animal.
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
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) A resident of Indiana who is a victim of a violent crime committed:
(A) in Indiana; or
(B) in a jurisdiction other than Indiana, including a foreign country, if the jurisdiction in which the violent crime occurs does not offer assistance to a victim of a violent crime that is substantially similar to the assistance offered under this chapter.
(2) A nonresident of Indiana who is a victim of a violent crime committed in Indiana.
(3) A surviving spouse or dependent child of a victim of a violent crime who died as a result of that crime.
(4) Any other person legally dependent for principal support upon
a victim of a violent crime who died as a result of that crime.
(5) A person who is injured or killed while trying to prevent a
violent crime or an attempted violent crime from occurring in the
person's presence or while trying to apprehend a person who had
committed a violent crime.
(6) A surviving spouse or dependent child of a person who dies
as a result of:
(A) trying to prevent a violent crime or an attempted violent
crime from occurring in the presence of the deceased person;
or
(B) trying to apprehend a person who had committed a violent
crime.
(7) A person legally dependent for principal support upon a
person who dies as a result of:
(A) trying to prevent a violent crime or an attempted violent
crime from occurring in the presence of the deceased person;
or
(B) trying to apprehend a person who had committed a violent
crime.
(8) A person who is injured or killed while giving aid and
assistance to:
(A) a law enforcement officer in the performance of the
officer's lawful duties; or
(B) a member of a fire department who is being obstructed
from performing lawful duties.
(9) A law enforcement agency or person that owns a law
enforcement animal that is permanently disabled or killed as
a result of a violation of IC 35-46-3-11.
(b) This subsection does not apply to reimbursement for forensic and evidence gathering services provided under section 39 of this chapter.
(c) An award may not be made unless the claimant has incurred an out-of-pocket loss of at least one hundred dollars ($100).
(d) Subject to subsections (b) and (c), the division may order the payment of compensation under this chapter for any of the following:
(1) Reasonable expenses incurred within one hundred eighty (180) days after the date of the violent crime for necessary:
(A) medical, chiropractic, hospital, dental, optometric, and
ambulance services;
(B) prescription drugs; and
(C) prosthetic devices;
that do not exceed the claimant's out-of-pocket loss.
(2) Loss of income:
(A) the victim would have earned had the victim not died or
been injured, if the victim was employed at the time of the
violent crime; or
(B) the parent, guardian, or custodian of a victim who is less
than eighteen (18) years of age incurred by taking time off
from work to care for the victim.
A claimant seeking reimbursement under this subdivision must
provide the division with proof of employment and current wages.
(3) Reasonable emergency shelter care expenses, not to exceed
the expenses for thirty (30) days, that are incurred for the claimant
or a dependent of the claimant to avoid contact with a person who
committed the violent crime.
(4) Reasonable expense incurred for child care, not to exceed one
thousand dollars ($1,000), to replace child care the victim would
have supplied had the victim not died or been injured.
(5) Loss of financial support the victim would have supplied to
legal dependents had the victim not died or been injured.
(6) Documented expenses incurred for funeral, burial, or
cremation of the victim that do not exceed five thousand dollars
($5,000). The division shall disburse compensation under this
subdivision in accordance with guidelines adopted by the
division.
(7) Outpatient mental health counseling, not to exceed three
thousand dollars ($3,000), concerning mental health issues related
to the violent crime.
(8) As compensation for a law enforcement animal that is
permanently disabled or killed as a result of a violation of
IC 35-46-3-11, the cost of replacing the animal, which may
include the cost of training the animal.
(8) (9) Other actual expenses related to bodily injury to or the
death of the victim that the division determines are reasonable.
(e) If a health care provider accepts payment from the division
under this chapter, the health care provider may not require the victim
to pay a copayment or an additional fee for the provision of services.
(f) A health care provider who seeks compensation from the
division under this chapter may not simultaneously seek funding for
services provided to a victim from any other source.
(g) The director may extend the one hundred eighty (180) day compensation period established by subsection (d)(1) for a period not to exceed two (2) years after the date of the violent crime if:
(1) the victim or the victim's representative requests the extension; and
(2) medical records and other documentation provided by the attending medical providers indicate that an extension is appropriate.
(h) The director may extend the one hundred eighty (180) day compensation period established by subsection (d)(1) for outpatient mental health counseling, established by subsection (d)(7), if the victim:
(1) was allegedly a victim of a sex crime (under IC 35-42-4) or incest (under IC 35-46-1-3);
(2) was under eighteen (18) years of age at the time of the alleged crime; and
(3) did not reveal the crime within two (2) years after the date of the alleged crime.
(b) The subrogation rights are against the perpetrator of the crime or a person liable for the pecuniary loss.
(c) If the victim or claimant initiates a civil action against the perpetrator of the crime or against the person liable for the pecuniary loss, the victim or claimant shall promptly notify the division of the filing of the civil action.
(b) The state may:
(1) recover the amount under subsection (a) in a separate action; or
(2) intervene in an action brought by or on behalf of the victim or claimant.
(c) If the claimant brings the action, the claimant may deduct from the money owed to the state under the lien the state's pro rata share of the reasonable expenses for the court suit, including attorney's fees of
not more than fifteen percent (15%).
(b) As part of the investigation, the division shall verify that:
(1) a:
(A) violent crime; or
(B) crime under IC 35-46-3-11, for purposes of compensation payable under section 12(9) of this chapter;
was committed;
(2) the victim was
(3) the requirements of sections 13, 16(a), 16(b), 17, 18, and 19 of this chapter are met; and
(4) out-of-pocket loss exceeded one hundred dollars ($100).
(1) Benefits from public or private pension programs, including Social Security benefits.
(2) Benefits from proceeds of an insurance policy.
(3) Benefits under IC 22-3-2 through IC 22-3-6.
(4) Unemployment compensation benefits.
(5) Benefits from other public funds, including Medicaid and Medicare.
Compensation must be further reduced or denied to the extent that the claimant's loss is recouped from other collateral sources.
(b) The division shall further reduce an award under this chapter by the following:
(1) The amount of court ordered restitution actually received by the victim or claimant from the offender.
(2) Benefits actually received by the victim or claimant from a third party on behalf of the offender.
(c) The division shall determine whether the victim or claimant vigorously pursued recovery against available collateral sources
described in this section.
(d) If the division finds that a victim or claimant has failed to
pursue an applicable collateral source of recovery, the division shall
reduce or deny an award under this section by the amount that is
available to the victim or claimant through the collateral source.
(e) A claimant must exhaust any paid or otherwise compensated
vacation leave, sick leave, personal leave, or other compensatory time
accrued through an employer before applying for benefits. The division
may not reimburse the victim or claimant for the use of paid or
otherwise compensated vacation leave, sick leave, personal leave, or
other compensatory time.
(b) If the division finds that the victim (or law enforcement animal, in an application described in section 12(9) of this chapter) contributed to the infliction of the
(c) If the division further finds that the
(1) prevent a crime from occurring;
(2) apprehend a person who committed a crime;
the
(1) strikes, torments, injures, or otherwise mistreats a law enforcement animal; or
(2) interferes with the actions of a law enforcement animal while the animal is engaged in assisting a law enforcement officer in the performance of the officer's duties;
commits a Class A misdemeanor.
(b) An offense under subsection (a)(1) is a Class D felony if the act results in:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) permanent or protracted loss or impairment of the function of
a bodily member or organ; or
(4) death;
of the law enforcement animal.
(c) It is a defense that the accused person:
(1) engaged in a reasonable act of training, handling, or
discipline; and
(2) acted as an employee or agent of a law enforcement agency.
(d) In addition to any sentence or fine imposed for a conviction of
an offense under this section, the court:
(1) may order the person convicted to make restitution to the
person or law enforcement agency owning the animal for
reimbursement of (1) veterinary bills; and
(2) shall order the person convicted to make restitution to the
person or law enforcement agency owning the animal for
reimbursement of replacement costs of the animal the cost of
replacing the animal, which may include the cost of training
the animal, if the animal is permanently disabled or killed.
(b) This SECTION expires December 31, 2013.
