Bill Text: IN SB0148 | 2013 | Regular Session | Introduced
Bill Title: Theft.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-01-28 - Senator Tallian added as coauthor [SB0148 Detail]
Download: Indiana-2013-SB0148-Introduced.html
Citations Affected: IC 35-33-1-1; IC 35-43.
Synopsis: Theft. Makes theft: (1) a Class A misdemeanor instead of
a Class D felony if the fair market value of the property that is the
subject of the theft is less than $750; (2) a Class D felony if the fair
market value of the property is at least $750 but less than $100,000;
and (3) a Class C felony if the fair market value of the property is at
least $100,000 or if the property that is the subject of the theft is a
certain kind of valuable metal. Provides that it is burglary, a Class C
felony, for a person to break and enter a building or structure of another
person with intent to commit theft as a Class A misdemeanor in the
building or structure. Permits a law enforcement officer to arrest a
person if the officer has probable cause to believe that the person has
committed or attempted to commit theft as a Class A misdemeanor.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Corrections & Criminal Law.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) a warrant commanding that the person be arrested;
(2) probable cause to believe the person has committed or attempted to commit, or is committing or attempting to commit, a felony;
(3) probable cause to believe the person has violated the provisions of IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, IC 9-26-1-4, or IC 9-30-5;
(4) probable cause to believe the person is committing or attempting to commit a misdemeanor in the officer's presence;
(5) probable cause to believe the person has committed:
(A) battery resulting in bodily injury under IC 35-42-2-1; or
(B) domestic battery under IC 35-42-2-1.3.
The officer may use an affidavit executed by an individual alleged
to have direct knowledge of the incident alleging the elements of
the offense of battery to establish probable cause;
(6) probable cause to believe that the person violated
IC 35-46-1-15.1 (invasion of privacy);
(7) probable cause to believe that the person violated
IC 35-47-2-1 (carrying a handgun without a license) or
IC 35-47-2-22 (counterfeit handgun license);
(8) probable cause to believe that the person is violating or has
violated an order issued under IC 35-50-7;
(9) probable cause to believe that the person is violating or has
violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
device);
(10) probable cause to believe that the person is:
(A) violating or has violated IC 35-45-2-5 (interference with
the reporting of a crime); and
(B) interfering with or preventing the reporting of a crime
involving domestic or family violence (as defined in
IC 34-6-2-34.5);
(11) a removal order issued for the person by an immigration
court;
(12) a detainer or notice of action for the person issued by the
United States Department of Homeland Security; or
(13) probable cause to believe that the person has been indicted
for or convicted of one (1) or more aggravated felonies (as
defined in 8 U.S.C. 1101(a)(43)); or
(14) probable cause to believe that the person has committed
or attempted to commit theft as a Class A misdemeanor
(IC 35-43-4-2(a)).
(b) A person who:
(1) is employed full time as a federal enforcement officer;
(2) is empowered to effect an arrest with or without warrant for a
violation of the United States Code; and
(3) is authorized to carry firearms in the performance of the
person's duties;
may act as an officer for the arrest of offenders against the laws of this
state where the person reasonably believes that a felony has been or is
about to be committed or attempted in the person's presence.
(1) theft as a Class A misdemeanor (IC 35-43-4-2(a)); or
(2) any felony;
in
(b) The offense under subsection (a) is:
(1) a Class B felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the building or structure is a:
(i) dwelling; or
(ii) structure used for religious worship; and
(2) a Class A felony if it results in:
(A) bodily injury; or
(B) serious bodily injury;
to any person other than a defendant.
(1) Class D felony if the fair market value of the property is at least seven hundred fifty dollars ($750) but less than one hundred thousand dollars ($100,000); and
(2) Class C felony if:
and the absence of the property creates a substantial risk of bodily injury to a person.
(b) A person who knowingly or intentionally receives, retains, or disposes of the property of another person that has been the subject of theft commits receiving stolen property, a Class D felony. However, the offense is a Class C felony if:
(1) the fair market value of the property is at least one hundred thousand dollars ($100,000); or
(2) the property that is the subject of the theft is a valuable metal
(as defined in IC 25-37.5-1-1) and:
(A) relates to transportation safety;
(B) relates to public safety; or
(C) is taken from a:
(i) hospital or other health care facility;
(ii) telecommunications provider;
(iii) public utility (as defined in IC 32-24-1-5.9(a)); or
(iv) key facility;
and the absence of the property creates a substantial risk of bodily
injury to a person.
