Bill Text: IN SB0373 | 2013 | Regular Session | Engrossed
Bill Title: Criminal trespass and application fraud.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2013-04-26 - Dissent withdrawn [SB0373 Detail]
Download: Indiana-2013-SB0373-Engrossed.html
Citations Affected: IC 35-43.
Synopsis: Trespass and application fraud. Provides that a person who
knowingly or intentionally: (1) submits an application to a prospective
employer to secure employment; and (2) makes a false statement about
a material fact or conceals a material fact in the application in order to
secure employment, commits application fraud, a Class A
misdemeanor. Provides that for the purposes of criminal trespass, a
person has been denied entry to property when the person has been
denied entry by means of a fence, wall, or other constructed barrier that
reasonably implies entry is prohibited. Provides that a person making
a false or misleading written statement with the intent to obtain
employment is excluded from the deception statute.
Effective: July 1, 2013.
(HOUSE SPONSORS _ FRIEND, LEHE)
January 8, 2013, read first time and referred to Committee on Corrections & Criminal Law.
February 14, 2013, amended, reported favorably _ Do Pass.
February 19, 2013, read second time, amended, ordered engrossed.
February 20, 2013, engrossed.
February 21, 2013, returned to second reading.
February 25, 2013, re-read second time, amended, ordered engrossed.
February 26, 2013, engrossed. Read third time, passed. Yeas 30, nays 20.
March 12, 2013, read first time and referred to Committee on Agriculture and Rural Development.
April 1, 2013, amended, reported _ Do Pass; recommitted to Committee on Judiciary.
April 9, 2013, amended, reported _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
(2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;
(3) accompanies another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the vehicle;
(4) knowingly or intentionally interferes with the possession or use of the property of another person without the person's consent;
(5) not having a contractual interest in the property, knowingly or
intentionally enters the dwelling of another person without the
person's consent;
(6) knowingly or intentionally:
(A) travels by train without lawful authority or the railroad
carrier's consent; and
(B) rides on the outside of a train or inside a passenger car,
locomotive, or freight car, including a boxcar, flatbed, or
container without lawful authority or the railroad carrier's
consent;
(7) not having a contractual interest in the property, knowingly or
intentionally enters or refuses to leave the property of another
person after having been prohibited from entering or asked to
leave the property by a law enforcement officer when the property
is:
(A) vacant or designated by a municipality or county
enforcement authority to be abandoned property; and
(B) subject to abatement under IC 32-30-6, IC 32-30-7,
IC 32-30-8, IC 36-7-9, or IC 36-7-36; or
(8) knowingly or intentionally enters the property of another
person after being denied entry by a court order that has been
issued to the person or issued to the general public by
conspicuous posting on or around the premises in areas where a
person can observe the order when the property:
(A) has been designated by a municipality or county
enforcement authority to be a vacant property or an abandoned
property; and
(B) is subject to an abatement order under IC 32-30-6,
IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36;
commits criminal trespass, a Class A misdemeanor. However, the
offense is a Class D felony if it is committed on a scientific research
facility, on a key facility, on a facility belonging to a public utility (as
defined in IC 32-24-1-5.9(a)), on school property, or on a school bus or
the person has a prior unrelated conviction for an offense under this
section concerning the same property.
(b) A person has been denied entry under subdivision (a)(1) of this
section when the person has been denied entry by means of:
(1) personal communication, oral or written;
(2) posting or exhibiting a notice at the main entrance in a manner
that is either prescribed by law or likely to come to the attention
of the public; or
(3) a hearing authority or court order under IC 32-30-6,
IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or
(4) a fence, a wall, or other constructed barrier that reasonably implies entry is prohibited.
(c) A law enforcement officer may not deny entry to property or ask a person to leave a property under subsection (a)(7) unless there is reasonable suspicion that criminal activity has occurred or is occurring.
(d) A person described in subsection (a)(7) violates subsection (a)(7) unless the person has the written permission of the owner, owner's agent, enforcement authority, or court to come onto the property for purposes of performing maintenance, repair, or demolition.
(e) A person described in subsection (a)(8) violates subsection (a)(8) unless the court that issued the order denying the person entry grants permission for the person to come onto the property.
(f) Subsections (a), (b), and (e) do not apply to the following:
(1) A passenger on a train.
(2) An employee of a railroad carrier while engaged in the performance of official duties.
(3) A law enforcement officer, firefighter, or emergency response personnel while engaged in the performance of official duties.
(4) A person going on railroad property in an emergency to rescue a person or animal from harm's way or to remove an object that the person reasonably believes poses an imminent threat to life or limb.
(5) A person on the station grounds or in the depot of a railroad carrier:
(A) as a passenger; or
(B) for the purpose of transacting lawful business.
(6) A:
(A) person; or
(B) person's:
(i) family member;
(ii) invitee;
(iii) employee;
(iv) agent; or
(v) independent contractor;
going on a railroad's right-of-way for the purpose of crossing at a private crossing site approved by the railroad carrier to obtain access to land that the person owns, leases, or operates.
(7) A person having written permission from the railroad carrier to go on specified railroad property.
(8) A representative of the Indiana department of transportation while engaged in the performance of official duties.
(9) A representative of the federal Railroad Administration while
engaged in the performance of official duties.
(10) A representative of the National Transportation Safety Board
while engaged in the performance of official duties.
(1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent;
(2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property
(3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted;
(4) knowingly or intentionally, in the regular course of business, either:
(A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or
(B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity;
(5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service;
(6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property;
(7) with intent to defraud an owner of a coin machine, deposits a slug in that machine;
(8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug;
(9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;
(10) with intent to defraud, misrepresents a person as being a physician licensed under IC 25-22.5; or
(11) knowingly and intentionally defrauds another person
furnishing cable TV service by avoiding paying compensation for
that service by any scheme or device or by tampering with
facilities or equipment of the person furnishing the service;
commits deception, a Class A misdemeanor.
(b) In determining whether an advertisement is false, misleading, or
deceptive under subsection (a)(9), there shall be considered, among
other things, not only representations contained or suggested in the
advertisement, by whatever means, including device or sound, but also
the extent to which the advertisement fails to reveal material facts in
the light of the representations.
(1) submits an application to a prospective employer to secure employment with the prospective employer; and
(2) makes a false statement about a material fact or conceals a material fact in the application in order to secure employment with the prospective employer;
commits employment application fraud, a Class A misdemeanor.
