Bill Text: IN HB1091 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Agricultural operations.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Enrolled - Dead) 2012-03-15 - Signed by the Governor [HB1091 Detail]

Download: Indiana-2012-HB1091-Introduced.html

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Introduced Version

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HOUSE BILL No. 1091

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 32-30-6-9.5; IC 35-33-6-7.

Synopsis: Agricultural operations. Provides that if a court finds that an agricultural operation that is the subject of a nuisance action was not a nuisance and that the nuisance action was frivolous, initiated maliciously, or groundless, the court: (1) shall award the expenses of litigation, including reasonable attorney fees, to the defendant in the action; and (2) may award the defendant punitive damages. Allows an owner of real property that is used for agricultural purposes, who has probable cause to believe that a specific individual is manufacturing methamphetamine on the property, to detain the person.

Effective: July 1, 2012.

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Friend, Lehe

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    January 4, 2012, read first time and referred to Committee on Agriculture and Rural Development.

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Introduced

Second Regular Session 117th General Assembly (2012)

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 2011 Regular Session of the General Assembly.

HOUSE BILL No. 1091

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    A BILL FOR AN ACT to amend the Indiana Code concerning property.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 32-30-6-9.5; (12)IN1091.1.1. -->     SECTION 1. IC 32-30-6-9.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9.5. If a court finds that an agricultural operation that is the subject of a nuisance action was not a nuisance under section 9 of this chapter and that the nuisance action was frivolous, initiated maliciously, or groundless, the court:
        (1) shall award the expenses of litigation, including reasonable attorney fees, to the defendant in the action; and
        (2) may award the defendant punitive damages.

SOURCE: IC 35-33-6-7; (12)IN1091.1.2. -->     SECTION 2. IC 35-33-6-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) An owner of real property that is used for agricultural purposes who has probable cause to believe that a specific individual is manufacturing methamphetamine in violation of IC 35-48-4-1.1 on the real property that is used for agricultural purposes of the owner, may:
        (1) detain the person and request the person to provide

identification;
        (2) verify the identification;
        (3) determine whether the person possesses at the time of detention equipment to manufacture methamphetamine;
        (4) confiscate any equipment related to the manufacture of methamphetamine; and
        (5) inform the appropriate law enforcement officer or agency that the person is being detained.
    (b) Detention under subsection (a):
        (1) must:
            (A) be reasonable; and
            (B) last only for a reasonable time; and
        (2) may not extend beyond the arrival of a law enforcement officer or two (2) hours, whichever occurs first.