Reprinted
February 20, 2013
SENATE BILL No. 373
_____
DIGEST OF SB 373
(Updated February 19, 2013 3:06 pm - DI 106)
Citations Affected: IC 35-31.5; IC 35-43.
Synopsis: Agricultural and industrial operations. Makes it unlawful
recording of agricultural or industrial operations, a Class A infraction,
for a person, with intent to harass, defame, annoy, or harm, to: (1) enter
real property that is owned by another person and on which agricultural
operations or industrial operations are being conducted; (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; and (3) distribute the photograph or recording; without the
written consent of the owner of the real property or an authorized
representative of the owner. Increases the penalty to a Class B
misdemeanor if the offense is committed knowingly or intentionally
and the person has a prior unrelated judgment or conviction.
Establishes a defense if the person: (1) has a good faith belief that the
person was recording evidence of illegal activity; (2) provides the
recording to a law enforcement or regulatory agency within 48 hours;
and (3) does not distribute the recording to anyone other than a law
enforcement or regulatory agency.
Effective: July 1, 2013.
Holdman
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.
Reprinted
February 20, 2013
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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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)SB0373.2.1. -->
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)SB0373.2.2. -->
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)SB0373.2.3. -->
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.
(3) An employee of an agricultural or industrial operation
who is acting within the scope of the employee's employment.
(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, with intent to harass, defame, annoy, or
harm, 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;
(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; and
(3) distributes, disseminates, or transfers the image,
photograph, video recording, or motion picture;
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
infraction. However, the offense is a Class B misdemeanor if it is
committed knowingly or intentionally and the person has a prior
unrelated judgment or conviction for a violation of this section.
(e) It is a defense to an action or prosecution under this section
that the person:
(1) had a good faith belief that the person was photographing,
recording, or filming evidence of illegal activity;
(2) provided the photograph, recording, or motion picture to:
(A) a law enforcement agency; or
(B) an agency with regulatory oversight of the industrial or
agricultural operation;
not later than forty-eight (48) hours after the person left the
property or premises of the agricultural or industrial
operation; and
(3) did not distribute or disseminate the photograph,
recording, or motion picture to a person that is not a law
enforcement officer or an agency with regulatory oversight of
the industrial or agricultural operation.