Bill Text: IN SB0229 | 2011 | Regular Session | Introduced
Bill Title: Battery on a security officer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0229 Detail]
Download: Indiana-2011-SB0229-Introduced.html
Citations Affected: IC 35-41-1-24.9; IC 35-42-2-1.
Synopsis: Battery on a security officer. Enhances the penalty for
battery if it is committed against a security officer while the officer is
performing the officer's duties.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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
criminal law and procedure.
(1) is licensed to carry a handgun; and
(2) is employed by a security guard agency licensed under IC 25-30-1.3.
(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
IC 9-18-34-1) while the firefighter is engaged in the execution
of the firefighter's official duty;
(E) it is committed against a community policing volunteer:
(i) while the volunteer is performing the duties described in
IC 35-41-1-4.7; 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; or
(G) it is committed against a security officer while the
security officer is engaged in the execution of the security
officer's duty;
(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 IC 9-18-34-1) while the
firefighter is engaged in the execution of the firefighter's
official duty;
(L) a community policing volunteer:
(i) while the volunteer is performing the duties described in
IC 35-41-1-4.7; or
(ii) because the person is a community policing volunteer;
(M) a family or household member (as defined in
IC 35-41-1-10.6) 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; or
(O) a security officer while the security officer is engaged
in the execution of the security officer's 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.
