Bill Text: IN SB0007 | 2013 | Regular Session | Introduced
Bill Title: Firefighter license plates; criminal offenses against firefighters.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Homeland Security, Transportation and Veterans Affairs [SB0007 Detail]
Download: Indiana-2013-SB0007-Introduced.html
Citations Affected: IC 9-13-2-77.5; IC 9-18; IC 9-29-5-38.6;
IC 35-42-2-1; IC 35-44.1-4-3; IC 35-47-4.5-3.
Synopsis: Firefighter license plates; criminal offenses against
firefighters. Establishes the fallen Indiana firefighter license plate and
specifies that the plate is not a special group recognition license plate.
Repeals a definition of "Indiana firefighter" currently applicable to only
one chapter of the motor vehicle law and reenacts that definition to
make it applicable throughout the motor vehicle law. Adds part-time,
compensated firefighters to the definition of "firefighter" for the
purposes of: (1) issuance of license plates concerning firefighters; and
(2) criminal law concerning battery against a firefighter, interfering
with firefighting and emergency services, and regulation of directing
light from a laser pointer against a firefighter. Makes conforming
changes.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Homeland Security,
Transportation and Veterans Affairs.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
(1) full-time, salaried firefighter;
(2) part-time, compensated firefighter; or
(3) volunteer firefighter (as defined in IC 36-8-12-2).
(1) passenger motor vehicle;
(2) motorcycle;
(3) recreational vehicle; or
(4) vehicle registered as a truck with a declared gross weight of not more than eleven thousand (11,000) pounds;
registered with the bureau or who makes an application for an original
registration or renewal registration of a vehicle may apply to the bureau
for a personalized license plate to be affixed to the vehicle for which
registration is sought instead of the regular license plate.
(b) A person who:
(1) is the registered owner or lessee of a vehicle described in
subsection (a); and
(2) is eligible to receive a license plate for the vehicle under:
(A) IC 9-18-17 (prisoner of war license plates);
(B) IC 9-18-18 (disabled Hoosier veteran license plates);
(C) IC 9-18-19 (Purple Heart license plates);
(D) IC 9-18-20 (Indiana National Guard license plates);
(E) IC 9-18-21 (Indiana Guard Reserve license plates);
(F) IC 9-18-22 (license plates for persons with disabilities);
(G) IC 9-18-23 (amateur radio operator license plates);
(H) IC 9-18-24 (civic event license plates);
(I) IC 9-18-24.5 (In God We Trust license plates);
(J) IC 9-18-25 (special group recognition license plates);
(K) IC 9-18-29 (environmental license plates);
(L) IC 9-18-30 (kids first trust license plates);
(M) IC 9-18-31 (education license plates);
(N) IC 9-18-32.2 (drug free Indiana trust license plates);
(O) IC 9-18-33 (Indiana FFA trust license plates);
(P) IC 9-18-34 (Indiana firefighter license plates);
(Q) IC 9-18-35 (Indiana food bank trust license plates);
(R) IC 9-18-36 (Indiana girl scouts trust license plates);
(S) IC 9-18-37 (Indiana boy scouts trust license plates);
(T) IC 9-18-38 (Indiana retired armed forces member license
plates);
(U) IC 9-18-39 (Indiana antique car museum trust license
plates);
(V) IC 9-18-40 (D.A.R.E. Indiana trust license plates);
(W) IC 9-18-41 (Indiana arts trust license plates);
(X) IC 9-18-42 (Indiana health trust license plates);
(Y) IC 9-18-43 (Indiana mental health trust license plates);
(Z) IC 9-18-44 (Indiana Native American trust license plates);
(AA) IC 9-18-45.8 (Pearl Harbor survivor license plates);
(BB) IC 9-18-46.2 (Indiana state educational institution trust
license plates);
(CC) IC 9-18-47 (Lewis and Clark bicentennial license plates);
(DD) IC 9-18-48 (Riley Children's Foundation license plates);
(EE) IC 9-18-49 (National Football League franchised
professional football team license plates);
(FF) IC 9-18-50 (Hoosier veteran license plates);
(GG) IC 9-18-51 (support our troops license plates);
(HH) IC 9-18-52 (Abraham Lincoln bicentennial license plates);
(II) IC 9-18-53 (Earlham College Trust license plates);
(JJ) IC 9-18-54 (Indiana Gold Star family member license plates); or
(KK) IC 9-18-55 (fallen Indiana firefighter license plates);
may apply to the bureau for a personalized license plate to be affixed to the vehicle for which registration is sought instead of the regular special recognition license plate.
(1) Antique motor vehicle license plates (IC 9-18-12).
(2) Recovery vehicle license plates (IC 9-18-13).
(3) Personalized license plates (IC 9-18-15).
(4) Prisoner of war license plates (IC 9-18-17).
(5) Disabled Hoosier veteran license plates (IC 9-18-18).
(6) Purple Heart license plates (IC 9-18-19).
(7) Indiana National Guard license plates (IC 9-18-20).
(8) Person with a disability license plates (IC 9-18-22).
(9) Amateur radio operator license plates (IC 9-18-23).
(10) In God We Trust license plates (IC 9-18-24.5).
(11) Pearl Harbor survivor license plates (IC 9-18-45.8).
(12) Hoosier veteran license plates (IC 9-18-50).
(13) Support our troops license plates (IC 9-18-51).
(14) Abraham Lincoln bicentennial license plates (IC 9-18-52).
(15) Indiana Gold Star family member license plates (IC 9-18-54).
(16) Fallen Indiana firefighter license plates (IC 9-18-55).
Chapter 55. Fallen Indiana Firefighter License Plate
Sec. 1. As used in this chapter, "fallen Indiana firefighter family member" means:
(1) a biological parent;
(2) an adoptive parent;
(3) a stepparent;
(4) a biological child;
(5) an adopted child;
(6) a stepchild;
(7) a sibling by blood;
(8) a sibling by half blood;
(9) a sibling by adoption;
(10) a stepsibling;
(11) a grandparent;
(12) a great-grandparent; or
(13) the spouse;
of an individual who has died while serving as an Indiana firefighter.
Sec. 2. The bureau shall design and issue a fallen Indiana firefighter license plate beginning January 1, 2014.
Sec. 3. A fallen Indiana firefighter license plate must include the following:
(1) A basic design for the plate, with consecutive numbers or letters, or both, to properly identify the vehicle.
(2) A background design, an emblem, or colors that designate the license plate as a fallen Indiana firefighter license plate.
(3) Any other information that the bureau considers necessary.
Sec. 4. A fallen Indiana firefighter license plate issued under this chapter may be displayed on the following:
(1) A passenger motor vehicle.
(2) A truck registered as a truck with a declared gross weight of not more than eleven thousand (11,000) pounds.
(3) A recreational vehicle.
Sec. 5. A person who is a fallen Indiana firefighter family member and who is eligible to register and display a license plate on a vehicle under this title may receive a fallen Indiana firefighter license plate for one (1) or more vehicles after doing the following:
(1) Completing an application for a fallen Indiana firefighter license plate.
(2) Providing the bureau with appropriate documentation as defined by the bureau to establish the person's eligibility as a fallen Indiana firefighter family member.
(3) Paying the fee under section 6 of this chapter.
Sec. 6. The fee for a fallen Indiana firefighter license plate is the appropriate fee under IC 9-29-5-38.6.
(1) a Class A misdemeanor if:
(A) it results in bodily injury to any other person;
(B) it is committed against a law enforcement officer or against a person summoned and directed by the officer while the officer is engaged in the execution of the officer's official duty;
(C) it is committed against an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee's official duty;
(D) it is committed against a firefighter (as defined in
(E) it is committed against a community policing volunteer:
(i) while the volunteer is performing the duties described in IC 35-31.5-2-49; or
(ii) because the person is a community policing volunteer; or
(F) it is committed against the state chemist or the state chemist's agent while the state chemist or the state chemist's agent is performing a duty under IC 15-16-5;
(2) a Class D felony if it results in bodily injury to:
(A) a law enforcement officer or a person summoned and directed by a law enforcement officer while the officer is engaged in the execution of the officer's official duty;
(B) a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
(C) a person of any age who has a mental or physical disability and is committed by a person having the care of the person with a mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation;
(D) the other person and the person who commits the battery was previously convicted of a battery in which the victim was the other person;
(E) an endangered adult (as defined in IC 12-10-3-2);
(F) an employee of the department of correction while the employee is engaged in the execution of the employee's official duty;
(G) an employee of a school corporation while the employee is engaged in the execution of the employee's official duty;
(H) a correctional professional while the correctional professional is engaged in the execution of the correctional professional's official duty;
(I) a person who is a health care provider (as defined in IC 16-18-2-163) while the health care provider is engaged in the execution of the health care provider's official duty;
(J) an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee's official duty;
(K) a firefighter (as defined in
(L) a community policing volunteer:
(i) while the volunteer is performing the duties described in IC 35-31.5-2-49; or
(ii) because the person is a community policing volunteer;
(M) a family or household member (as defined in IC 35-31.5-2-128) if the person who committed the offense:
(i) is at least eighteen (18) years of age; and
(ii) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense; or
(N) a department of child services employee while the employee is engaged in the execution of the employee's official duty;
(3) a Class C felony if it results in serious bodily injury to any other person or if it is committed by means of a deadly weapon;
(4) a Class B felony if it results in serious bodily injury to a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
(5) a Class A felony if it results in the death of a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
(6) a Class C felony if it results in serious bodily injury to an endangered adult (as defined in IC 12-10-3-2);
(7) a Class B felony if it results in the death of an endangered adult (as defined in IC 12-10-3-2); and
(8) a Class C felony if it results in bodily injury to a pregnant woman and the person knew the woman was pregnant.
(b) For purposes of this section:
(1) "law enforcement officer" includes an alcoholic beverage enforcement officer; and
(2) "correctional professional" means a:
(A) probation officer;
(B) parole officer;
(C) community corrections worker; or
(D) home detention officer.
(1) a state police officer;
(2) a county sheriff;
(3) a county police officer;
(4) a correctional officer;
(5) an excise police officer;
(6) a county police reserve officer;
(7) a city police officer;
(8) a city police reserve officer;
(9) a conservation enforcement officer;
(10) a gaming agent;
(11) a town marshal;
(12) a deputy town marshal;
(13) a state educational institution police officer appointed under IC 21-39-4;
(14) a probation officer;
(15) a firefighter (as defined in
(16) an emergency medical technician;
(17) a paramedic;
(18) a member of a consolidated law enforcement department established under IC 36-3-1-5.1; or
(19) a gaming control officer.
