January 6, 2012, read first time and referred to Committee on Courts and Criminal Code.
Introduced
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 1113
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-44-3-3; (12)IN1113.1.1. -->
SECTION 1. IC 35-44-3-3, AS AMENDED BY P.L.42-2011,
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law enforcement
officer or a person assisting the officer while the officer is
lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the authorized
service or execution of a civil or criminal process or order of a
court;
or
(3) flees from a law enforcement officer after the officer has, by
visible or audible means, including operation of the law
enforcement officer's siren or emergency lights, identified himself
or herself and ordered the person to stop;
or
(4) disobeys a law enforcement officer's verbal command;
commits resisting law enforcement, a Class A misdemeanor, except as
provided in subsection (b).
(b) The offense under subsection (a) is a:
(1) Class D felony if:
(A) the offense is described in subsection (a)(3) and the person
uses a vehicle to commit the offense; or
(B) while committing any offense described in subsection (a),
the person draws or uses a deadly weapon, inflicts bodily
injury on or otherwise causes bodily injury to another person,
or operates a vehicle in a manner that creates a substantial risk
of bodily injury to another person;
(2) Class C felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes serious bodily injury to another person;
(3) Class B felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death of another person; and
(4) Class A felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death of a law enforcement officer while the law
enforcement officer is engaged in the officer's official duties.
(c) For purposes of this section, a law enforcement officer includes
an enforcement officer of the alcohol and tobacco commission and a
conservation officer of the department of natural resources.
(d) If a person uses a vehicle to commit a felony offense under
subsection (b)(1)(B), (b)(2), (b)(3), or (b)(4), as part of the criminal
penalty imposed for the offense, the court shall impose a minimum
executed sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1) prior
unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior unrelated
convictions under this section.
(e) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, the mandatory
minimum sentence imposed under subsection (d) may not be
suspended.
(f) If a person is convicted of an offense involving the use of a motor
vehicle under:
(1) subsection (b)(1)(A), if the person exceeded the speed limit by
at least twenty (20) miles per hour while committing the offense;
(2) subsection (b)(2); or
(3) subsection (b)(3);
the court may notify the bureau of motor vehicles to suspend or revoke
the person's driver's license and all certificates of registration and
license plates issued or registered in the person's name in accordance
with IC 9-30-4-6(b)(3) for the period described in IC 9-30-4-6(d)(4) or
IC 9-30-4-6(d)(5). The court shall inform the bureau whether the
person has been sentenced to a term of incarceration. At the time of
conviction, the court may obtain the person's current driver's license
and return the license to the bureau of motor vehicles.