Introduced Version
SENATE BILL No. 96
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-43.
Synopsis: Theft. Makes theft: (1) a Class A misdemeanor instead of
a Class D felony if the fair market value of the property that is the
subject of the theft is less than $750; (2) a Class D felony if the fair
market value of the property is at least $750 but less than $100,000;
and (3) a Class C felony if the fair market value of the property is at
least $100,000 or if the property that is the subject of the theft is a
certain kind of valuable metal. Makes it burglary, a Class C felony, for
a person to break and enter a building or structure of another person
with intent to commit theft as a Class A misdemeanor in the building
or structure.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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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SENATE BILL No. 96
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 35-43-2-1; (12)IN0096.1.1. -->
SECTION 1. IC 35-43-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) A person who
breaks and enters the building or structure of another person, with
intent to commit: a
(1) theft as a Class A misdemeanor (IC 35-43-4-2(a)); or
(2) any felony;
in it, the building or structure, commits burglary, a Class C felony.
However,
(b) The offense under subsection (a) is:
(1) a Class B felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the building or structure is a:
(i) dwelling; or
(ii) structure used for religious worship; and
(2) a Class A felony if it results in:
(A) bodily injury; or
(B) serious bodily injury;
to any person other than a defendant.
SOURCE: IC 35-43-4-2; (12)IN0096.1.2. -->
SECTION 2. IC 35-43-4-2, AS AMENDED BY P.L.158-2009,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. (a) A person who knowingly or intentionally
exerts unauthorized control over property of another person, with intent
to deprive the other person of any part of its value or use, commits
theft, a
Class D felony. Class A misdemeanor. However, the offense
is a:
(1) Class D felony if the fair market value of the property is at
least seven hundred fifty dollars ($750) but less than one
hundred thousand dollars ($100,000); and
(2) Class C felony if:
(1) (A) the fair market value of the property is at least one
hundred thousand dollars ($100,000); or
(2) (B) the property that is the subject of the theft is a valuable
metal (as defined in IC 25-37.5-1-1) and:
(A) (i) relates to transportation safety;
(B) (ii) relates to public safety; or
(C) (iii) is taken from a
(i) hospital or other health care
facility,
(ii) telecommunications provider,
(iii) public utility
(as defined in IC 32-24-1-5.9(a)), or
(iv) key facility;
and the absence of the property creates a substantial risk of
bodily injury to a person.
(b) A person who knowingly or intentionally receives, retains, or
disposes of the property of another person that has been the subject of
theft commits receiving stolen property, a Class D felony. However, the
offense is a Class C felony if:
(1) the fair market value of the property is at least one hundred
thousand dollars ($100,000); or
(2) the property that is the subject of the theft is a valuable metal
(as defined in IC 25-37.5-1-1) and:
(A) relates to transportation safety;
(B) relates to public safety; or
(C) is taken from a:
(i) hospital or other health care facility;
(ii) telecommunications provider;
(iii) public utility (as defined in IC 32-24-1-5.9(a)); or
(iv) key facility;
and the absence of the property creates a substantial risk of bodily
injury to a person.