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.





Young R Michael




    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 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.
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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.