Bill Text: IN HB1104 | 2011 | Regular Session | Introduced
Bill Title: Battery on a utility worker.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-01-10 - Representative Soliday added as coauthor [HB1104 Detail]
Download: Indiana-2011-HB1104-Introduced.html
Citations Affected: IC 35-41-1-26.9; IC 35-42-2-1.
Synopsis: Battery on a utility worker. Makes battery on a utility
worker engaged in the execution of the utility worker's official duty a
Class D felony instead of a Class B misdemeanor if the battery results
in bodily injury to the utility worker.
Effective: July 1, 2011.
January 6, 2011, read first time and referred to Committee on Courts and Criminal Code.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) A public utility (as defined in IC 8-1-2-1(a)).
(2) A municipally owned utility (as defined in IC 8-1-2-1(h)).
(3) A cable or satellite television company.
(4) A telecommunications carrier.
(5) An electric cooperative.
(6) A telephone cooperative.
(7) A nonprofit utility.
battery, a Class B misdemeanor. However, the offense is:
(1) a Class A misdemeanor if:
(A) it results in bodily injury to any other person;
(B) it is committed against a law enforcement officer or
against a person summoned and directed by the officer while
the officer is engaged in the execution of the officer's official
duty;
(C) it is committed against 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;
(D) it is committed against a firefighter (as defined in
IC 9-18-34-1) while the firefighter is engaged in the execution
of the firefighter's official duty;
(E) 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) 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 person less than fourteen (14) years of age and is
committed by a person at least eighteen (18) years of age;
(C) 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) 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) an endangered adult (as defined in IC 12-10-3-2);
(F) an employee of the department of correction while the
employee is engaged in the execution of the employee's
official duty;
(G) an employee of a school corporation while the employee
is engaged in the execution of the employee's official duty;
(H) a correctional professional while the correctional
professional is engaged in the execution of the correctional
professional's official duty;
(I) 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) 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) a firefighter (as defined in IC 9-18-34-1) while the
firefighter is engaged in the execution of the firefighter's
official duty;
(L) 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;
(M) a family or household member (as defined in
IC 35-41-1-10.6) if the person who committed the offense:
(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
(N) a department of child services employee while the
employee is engaged in the execution of the employee's
official duty; or
(O) a utility worker while the utility worker is engaged in
the execution of the utility worker's official duty;
(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); and
(8) a Class C felony if it results in bodily injury to a pregnant
woman and the person knew the woman was pregnant.
(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.
