Bill Text: IN SB0001 | 2012 | Regular Session | Amended
Bill Title: Self defense.
Spectrum: Strong Partisan Bill (Republican 34-3)
Status: (Enrolled - Dead) 2012-03-20 - Signed by the Governor [SB0001 Detail]
Download: Indiana-2012-SB0001-Amended.html
Citations Affected: IC 35-41.
Synopsis: Right to defend against unlawful entry. Permits a person to
resist the unlawful entry into a dwelling by a law enforcement officer
under certain conditions. (The introduced version of this bill was
prepared by the Legislative Council Barnes v. State Subcommittee.)
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 17, 2012, amended, reported favorably _ Do Pass.
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
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(b) This section does not apply to any of the following:
(1) The entry into a dwelling by a law enforcement officer who has a reasonable belief that a person inside the dwelling has been or is at risk of physical harm.
(2) An entry into a residence by invitation of at least one (1) adult resident, unless one (1) or more other adult residents object to the entry.
(3) The entry into a dwelling by a law enforcement officer in
hot pursuit.
(4) A person who is committing or is escaping after the
commission of a crime.
(5) The entry into a dwelling by a law enforcement officer
with a warrant.
(c) A person may use force in accordance with this section to
prevent or terminate a law enforcement officer's unlawful entry
into the person's dwelling or into the dwelling of a member of the
person's immediate family under one (1) or more of the following
conditions:
(1) The person does not have actual knowledge that the officer
is a law enforcement officer, and the officer:
(A) has not identified himself or herself as a law
enforcement officer; or
(B) is not wearing a distinctive uniform or badge of
authority.
(2) The law enforcement officer is not engaged in the
execution of the law enforcement officer's official duty.
(d) A person may use reasonable force, including physical force,
against a person described in subsection (c)(1), if the person
reasonably believes that the force is necessary to immediately
prevent or terminate the unlawful entry into the dwelling.
(e) A person may not use physical force against a law
enforcement officer described in subsection (c)(2) unless the person
has no adequate alternative to prevent or terminate the unlawful
entry into the dwelling.
(f) A person who is justified in using force under this section is
not required to retreat.