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IN SB0183

Bill

Status

Passed

3/21/2016

Primary Sponsor

Rodric Bray

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Amends criminal trespass statute (IC 35-43-2-2) to take effect July 1, 2016, adding nine categories of prohibited conduct including unauthorized entry to real property, agricultural operations, dwellings, and trains.

  • Establishes that criminal trespass is a Class A misdemeanor, but elevates to Level 6 felony when committed on scientific research facilities, key facilities, public utility facilities, school property, school buses, or with prior unrelated conviction for trespass on same property.

  • Creates new offense of "foreclosure mischief" (IC 35-43-4-9) for knowingly or intentionally damaging, permanently removing objects from, or defacing real property in foreclosure, classified as Class B misdemeanor unless pecuniary loss exceeds $750.

  • Increases foreclosure mischief penalties to Class A misdemeanor for losses of $750-$50,000 and Level 6 felony for losses of $50,000 or more.

  • Provides exceptions to trespass prosecution for authorized parties including law enforcement, firefighters, emergency personnel, railroad employees, train passengers, and persons with written permission or legitimate access rights.

Legislative Description

Real property offenses. Amends the statute concerning criminal trespass to specify that a person commits criminal trespass if the person knowingly or intentionally enters or refuses to leave the real property of another person after having been prohibited from entering or asked to leave the real property by a law enforcement officer when the real property is: (1) vacant real property or a vacant structure (both as defined by the statute concerning the abatement of vacant structures and abandoned structures); or (2) designated by a municipality or county enforcement authority to be abandoned property or an abandoned structure. Provides that

Last Action

Public Law 32

3/21/2016

Committee Referrals

Courts and Criminal Code2/9/2016
Corrections & Criminal Law1/6/2016

Full Bill Text

No bill text available