Bill Text: IN SB0373 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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Status: (Enrolled - Dead) 2013-04-26 - Dissent withdrawn [SB0373 Detail]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-Introduced.html


Introduced Version






SENATE BILL No. 373

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-31.5-2; IC 35-43-2-2.5.

Synopsis: Agricultural and industrial operations. Makes it unlawful recording of agricultural or industrial operations, a Class A misdemeanor, for a person to: (1) enter real property that is owned by another person and on which agricultural operations or industrial operations are being conducted; and (2) take a photograph of or make a video recording or motion picture of the real property, structures located on the real property, or the agricultural operations or industrial operations being conducted on the real property; without the written consent of the owner of the real property or an authorized representative of the owner.

Effective: July 1, 2013.





Holdman




    January 8, 2013, read first time and referred to Committee on Corrections & Criminal Law.







Introduced

First Regular Session 118th General Assembly (2013)


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.
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.
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SENATE BILL No. 373



    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 35-31.5-2-13.3; (13)IN0373.1.1. -->     SECTION 1. IC 35-31.5-2-13.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13.3. "Agricultural operations", for purposes of IC 35-43-2-2.5, has the meaning set forth in IC 35-43-2-2.5(b).
SOURCE: IC 35-31.5-2-169.3; (13)IN0373.1.2. -->     SECTION 2. IC 35-31.5-2-169.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 169.3. "Industrial operations", for purposes of IC 35-43-2-2.5, has the meaning set forth in IC 35-43-2-2.5(c).
SOURCE: IC 35-43-2-2.5; (13)IN0373.1.3. -->     SECTION 3. IC 35-43-2-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.5. (a) This section does not apply to the following:
        (1) A law enforcement officer, a federal enforcement officer, or any other federal, state, or local government employee while the officer or employee is engaged in the performance of the officer's or employee's official duties.
        (2) A land surveyor or any personnel acting under the supervision of a land surveyor as provided in:
            (A) IC 25-21.5-9-7; and
            (B) IC 25-21.5-9-8.
    (b) As used in this section, "agricultural operations" means:
        (1) the production of:
            (A) crops;
            (B) livestock;
            (C) poultry;
            (D) livestock products;
            (E) poultry products; or
            (F) horticultural products; or
        (2) growing timber.
    (c) As used in this section, "industrial operations" means the:
        (1) manufacture of a product from other products;
        (2) transformation of a material from one (1) form to another;
        (3) mining of a material and related mine activities; or
        (4) storage or disposition of a product or material.
    (d) A person who knowingly or intentionally:
        (1) enters real property:
            (A) that is owned by another person; and
            (B) on which agricultural operations or industrial operations are being conducted; and
        (2) takes a digital or analog photograph of or makes a digital or analog video recording or motion picture of:
            (A) the real property;
            (B) structures located on the real property; or
            (C) the agricultural operations or industrial operations being conducted on the real property;
without the written consent of the owner of the real property or an authorized representative of the owner commits unlawful recording of agricultural or industrial operations, a Class A misdemeanor.

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