January 10, 2011, read first time and referred to Committee on Roads and Transportation.
February 17, 2011, amended, reported _ Do Pass.
February 18, 2011
First Regular Session 117th General Assembly (2011)
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 2010 Regular Session of the General Assembly.
HOUSE BILL No. 1158
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 35-41-1-12.5; (11)HB1158.1.1. -->
SECTION 1. IC 35-41-1-12.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12.5. "Handheld wireless
communications device" means a handheld device used for the
transfer of information without the use of electrical conductors or
wires. The term includes the following:
(1) A wireless telephone.
(2) A personal digital assistant.
(3) A pager.
(4) A text messaging device.
SOURCE: IC 35-42-2-2; (11)HB1158.1.3. -->
SECTION 3. IC 35-42-2-2, AS AMENDED BY P.L.75-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2. (a) As used in this section, "hazing" means
forcing or requiring another person:
(1) with or without the consent of the other person; and
(2) as a condition of association with a group or organization;
to perform an act that creates a substantial risk of bodily injury.
(b) A person who recklessly, knowingly, or intentionally performs:
(1) an act that creates a substantial risk of bodily injury to another
person; or
(2) hazing;
commits criminal recklessness. Except as provided in subsection (c),
criminal recklessness is a Class B misdemeanor.
(c) The offense of criminal recklessness as defined in subsection (b)
is:
(1) a Class A misdemeanor if the conduct includes the use of a
vehicle;
(2) a Class D felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the person committed aggressive driving (as defined in
IC 9-21-8-55) that results in serious bodily injury to another
person; or
(3) a Class C felony if:
(A) it is committed by shooting a firearm into an inhabited
dwelling or other building or place where people are likely to
gather; or
(B) the person committed aggressive driving (as defined in
IC 9-21-8-55) that results in the death of another person.
(d) A person who recklessly, knowingly, or intentionally:
(1) inflicts serious bodily injury on another person; or
(2) performs hazing that results in serious bodily injury to a
person;
commits criminal recklessness, a Class D felony. However, the offense
is a Class C felony if committed by means of a deadly weapon.
(e) A person, other than a person who has committed an offense
under this section or a delinquent act that would be an offense under
this section if the violator was an adult, who:
(1) makes a report of hazing in good faith;
(2) participates in good faith in a judicial proceeding resulting
from a report of hazing;
(3) employs a reporting or participating person described in
subdivision (1) or (2); or
(4) supervises a reporting or participating person described in
subdivision (1) or (2);
is not liable for civil damages or criminal penalties that might
otherwise be imposed because of the report or participation.
(f) A person described in subsection (e)(1) or (e)(2) is presumed to
act in good faith.
(g) A person described in subsection (e)(1) or (e)(2) may not be
treated as acting in bad faith solely because the person did not have
probable cause to believe that a person committed:
(1) an offense under this section; or
(2) a delinquent act that would be an offense under this section if
the offender was an adult.
(h) In determining whether a person acted recklessly under
subsection (d)(1), the trier of fact may consider, in addition to other
relevant factors, whether the person used a handheld wireless
communications device while operating a moving motor vehicle.