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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2001 General Assembly.

---

     AN ACT to amend the Indiana Code concerning antiterrorism measures and to make an appropriation.

    Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 4-3-20 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]:
     Chapter 20. Counterterrorism and Security Council
    Sec. 1. As used in this chapter, "council" refers to the counterterrorism and security council established by section 2 of this chapter.
    Sec. 2. The counterterrorism and security council is established.
    Sec. 3. (a) The council consists of the following members:
        (1) The lieutenant governor.
        (2) The superintendent of the state police department.
        (3) The adjutant general.
        (4) The director of the state emergency management agency.
        (5) The state fire marshal.
        (6) The state health commissioner.
        (7) The commissioner of the department of environmental management.
        (8) The assistant commissioner of agriculture.
        (9) The chairman of the Indiana utility regulatory commission.
        (10) The commissioner of the Indiana department of transportation.

---

        (11) The executive director of the Indiana criminal justice institute.
        (12) A local law enforcement officer or a member of the law enforcement training academy appointed by the governor.
        (13) The speaker of the house of representatives.
        (14) The president pro tempore of the senate.
        (15) The chief justice of the supreme court.
    (b) The members of the council under subsection (a)(13), (a)(14), and (a)(15) are nonvoting members.
    (c) Representatives of the United States Department of Justice may serve as members of the council as the council and the Department of Justice may determine. Any representatives of the Department of Justice serve as nonvoting members of the council.
    Sec. 4. The lieutenant governor shall serve as the chair of the council and in this capacity, report directly to the governor.
    Sec. 5. (a) The council shall do the following:
        (1) Develop a strategy to enhance the state's capacity to prevent and respond to terrorism.
        (2) Develop a counterterrorism plan in conjunction with relevant state agencies, including a comprehensive needs assessment.
        (3) Review each year and update when necessary the plan developed under subdivision (2).
        (4) Develop in concert with the law enforcement training academy a counterterrorism curriculum for use in basic police training and for advanced in-service training of veteran law enforcement officers.
        (5) Develop an affiliate of the council in each county to coordinate local efforts and serve as the community point of contact for the council and the United States Office of Homeland Security.
    (b) The council shall report periodically its findings and recommendations to the governor.
    Sec. 6. (a) The governor shall appoint an executive director for the council. The executive director may employ additional staff for the council, subject to the approval of the governor.
    (b) The executive director of the council shall serve as:
        (1) the central coordinator for counterterrorism issues; and
        (2) the state's point of contact for:
            (A) the Office of Domestic Preparedness in the United States Department of Justice; and
            (B) the United States Office of Homeland Security.

---

    Sec. 7. (a) The expenses of the council shall be paid from appropriations made by the general assembly.
    (b) Money received by the council as a grant or a gift is appropriated for the purposes of the grant or the gift.
    Sec. 8. (a) Each member of the council who is not a state employee is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for travel expenses as provided in IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (b) Each member of the council who is a state employee but who is not a member of the general assembly is entitled to reimbursement for travel expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (c) Each member of the council who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.
    Sec. 9. The affirmative votes of a majority of the voting members of the council are required for the council to take action on any measure, including final reports.
    Sec. 10. (a) The council may receive confidential law enforcement information from the state police department, the Federal Bureau of Investigation, or other federal, state, or local law enforcement agencies.
    (b) For purposes of IC 5-14-1.5 and IC 5-14-3, information received under subsection (a) is confidential.
    Sec. 11. All state agencies shall cooperate to the fullest extent possible with the council and the executive director to implement this chapter.
    SECTION 2. IC 4-13.5-1-1 , AS AMENDED BY P.L.291-2001, SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. As used in this article:
    "Commission" refers to the state office building commission.

---

     "Communications system infrastructure" has the meaning set forth in IC 5-26-5-1.
    "Construction" means the erection, renovation, refurbishing, or alteration of all or any part of buildings, improvements, or other structures, including installation of fixtures or equipment, landscaping of grounds, site work, and providing for other ancillary facilities pertinent to the buildings or structures.
    "Correctional facility" means a building, a structure, or an improvement for the custody, care, confinement, or treatment of committed persons under IC 11.
    "Department" refers to:
         (1) the integrated public safety commission, for purposes of a facility consisting of communications system infrastructure; and
        (2) the Indiana department of administration, for purposes of all other facilities.
    "Mental health facility" means a building, a structure, or an improvement for the care, maintenance, or treatment of persons with mental or addictive disorders.
    "Facility" means all or any part of one (1) or more buildings, structures, or improvements (whether new or existing), or parking areas (whether surface or an above or below ground parking garage or garages), owned or leased by the commission or the state for the purpose of:
        (1) housing the personnel or activities of state agencies or branches of state government;
        (2) providing transportation or parking for state employees or persons having business with state government;
        (3) providing a correctional facility;
        (4) providing a mental health facility; or
        (5) providing a regional health facility; or
        (6) providing communications system infrastructure.
    "Person" means an individual, a partnership, a corporation, a limited liability company, an unincorporated association, or a governmental entity.
    "Regional health facility" means a building, a structure, or an improvement for the care, maintenance, or treatment of adults or children with mental illness, developmental disabilities, addictions, or other medical or rehabilitative needs.
    "State agency" means an authority, a board, a commission, a committee, a department, a division, or other instrumentality of state government, but does not include a state educational institution (as

defined in IC 20-12-0.5-1 ).
    SECTION 3. IC 4-13.5-1-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. Subject to section 8 of this chapter, the commission may not enter into:
        (1) a contract for the performance of work, other than a contract of employment with a professional person or a commission employee; or
        (2) a contract for the purchase or sale of materials or supplies;
without complying with IC 4-13-2 and the rules and procedures of the department.
    SECTION 4. IC 4-13.5-1-8 , AS AMENDED BY P.L.195-2001, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 8. (a) The commission may employ architects, engineers, space planners, construction managers, and other professional persons it considers necessary to prepare complete plans and specifications necessary for bidding for construction. The commission shall consider economy of operation to the extent practicable in preparing and approving plans and specifications.
    (b) The plans and specifications shall be presented for approval to:
        (1) the department;
        (2) if the facility is designed to house the supreme court or court of appeals, the administrator of the supreme court for approval by the courts; and
        (3) if the facility is a correctional facility, the department of correction; and
        (4) if the facility consists of communications system infrastructure, the integrated public safety commission.
    (c) After the plans and specifications have been approved by the commission under subsection (b), the commission shall advertise for and receive construction bids and award contracts to the best bidders in the same manner as required by law for the department. However, with respect to a facility that consists of communications system infrastructure, if the commission finds that the integrated public safety commission has already advertised for and received construction bids or awarded contracts to the best bidders, or both, substantially in the same manner as required by law for the Indiana department of administration, the commission is not required to repeat the advertisement, receipt of bids, or award of contracts. In making the finding described in this subsection, the commission may rely upon a certificate of the integrated public safety commission. If the commission makes the finding described in this subsection, that is all the authority the commission needs to

accept the assignment of the bids or contracts or both, from the integrated public safety commission, and all the authority the integrated public safety commission needs to assign the bids or contracts, or both, to the commission.
    (d) With regard to participation by minority and women's business enterprises (as defined in IC 4-13-16.5-1 and IC 4-13-16.5-1.3 ), the commission shall act in the same manner as required by law for the department.
    SECTION 5. IC 4-20.5-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) This section does not apply to enforcement matters that are the responsibility of the state police department under IC 10-1-1-29.
    (b) The department shall maintain, equip, and operate the following:
        (1) The state capitol building.
        (2) The office buildings and other property owned or leased by the state for the use of an agency.
    SECTION 6. IC 4-20.5-6-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) Except for enforcement matters that are the responsibility of the state police department under IC 10-1-1-29, the commissioner is the custodian of state buildings and grounds.
    (b) The commissioner may appoint security officers for the purpose of maintaining security and preserving the peace in and about the following:
        (1) The state capitol building.
        (2) A state office building.
        (3) A state parking facility.
        (4) A state motor pool garage.
        (5) A state warehouse.
        (6) The Indiana state library.
        (7) The governor's residence.
        (8) Any other building or other property used by the state for any of the following purposes:
            (A) Housing the personnel or activities of an agency or a branch of state government.
            (B) Providing transportation or parking for state employees or persons having business with state government.
    (c) The commissioner and the security officers appointed by the commissioner possess all the common law and statutory powers of law enforcement officers, except for the service of civil process.
    (d) For purposes of IC 5-2-1, the commissioner and security officers appointed under this chapter are special officers.

---

    (e) All security officers are subject to preemployment investigation by the state police department.
    SECTION 7. IC 4-20.5-6-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. The department shall may adopt rules under IC 4-22-2 to govern the protection and custody of state property, except for enforcement matters that are the responsibility of the state police department under IC 10-1-1-29.
    SECTION 8. IC 4-20.5-6-8, AS AMENDED BY P.L.172-1999, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 8. (a) This section does not apply to enforcement matters that are the responsibility of the state police department under IC 10-1-1-29.
    (b) The commissioner may regulate:
        (1) the traffic and parking of motor vehicles, bicycles, or other vehicles; and
        (2) the traffic of pedestrians;
on the streets, roads, paths, and grounds of real property controlled by the state through the department of administration in and around the state capitol, office buildings, parking garages, and adjoining state controlled property.
    (b) (c) Rules adopted under subsection (a) (b) may include the following:
        (1) Provisions governing the registration, speed, weight, operation, parking, times, places, and use of motor vehicles, bicycles, and other vehicles.
        (2) Provisions governing the traffic of pedestrians.
        (3) Provisions prescribing the assessment and collection of civil penalties for the violation of rules adopted by the commissioner. Penalties may include the following:
            (A) The imposition of reasonable charges.
            (B) The removal and impounding (at the expense of the violator) of vehicles that are operated or parked in violation of rules adopted by the commissioner.
            (C) The denial of permission to operate a vehicle on the property in and around the state capitol building, office buildings, parking garages, and adjoining state controlled property.
    (c) (d) Rules adopted under this section must include provisions for an administrative appeal when a civil penalty is imposed under the rules. A person aggrieved by a final disposition of an appeal by the department may appeal the disposition to a court of jurisdiction. The attorney general may enforce a civil penalty imposed under this section

by filing an appropriate action in a court of jurisdiction.
    (d) (e) This section does not limit or restrict the powers of any other governmental authority having jurisdiction over public streets, roads, alleys, or ways.
    SECTION 9. IC 5-22-10-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4. (a) A purchasing agent may make a special purchase when there exists, under emergency conditions, a threat to public health, welfare, or safety.
     (b) The counterterrorism and security council established by IC 4-3-20-2 may make a purchase under this section to preserve security or act in an emergency as determined by the governor.
    SECTION 10. IC 5-26-2-5, AS ADDED BY P.L.117-1999, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. The commission's powers include the following:
        (1) Planning for voluntary coordination of resources by public safety agencies.
        (2) Developing coordinated, integrated responses to significant public safety events by those public safety agencies that choose to take part.
        (3) Developing means of sharing information operationally and technologically to improve public safety.
        (4) Contracting with consultants to assist in the planning and development under this article.
        (5) Contracting with others to provide services under this article.
        (6) Accepting gifts, devises, bequests, grants, loans, appropriations, revenue sharing, other financing and assistance, and any other aid from any source and agreeing to and complying with conditions attached thereto as necessary or appropriate to the purposes of the commission.
        (7) Acquiring real property, or any interest therein, by lease, conveyance (including purchase) instead of foreclosure, or foreclosure as necessary or appropriate to the purposes of the commission.
        (8) Owning, managing, operating, holding, clearing, improving, and constructing facilities on real property as necessary or appropriate to the purposes of the commission.
        (9) Selling, assigning, exchanging, transferring, conveying, leasing, mortgaging, or otherwise disposing of or encumbering real property, or interests therein or facilities thereon as necessary or appropriate to the purposes of the commission.

---

        (10) Acquiring personal property by lease or conveyance as necessary or appropriate to the purposes of the commission.
        (11) Selling, assigning, exchanging, transferring, conveying, leasing, mortgaging, or otherwise disposing of or encumbering personal property, or interests therein as necessary or appropriate to the purposes of the commission.
        (12) The powers enumerated in IC 5-26-3-6.
        (7) (13) Any other power necessary, proper, or convenient to accomplish the goals of the commission. carry out this article.
    SECTION 11. IC 5-26-3-6, AS ADDED BY P.L.117-1999, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. (a) In addition to the powers enumerated in IC 5-26-2-5, the commission has the following powers related to the system:
        (1) Ensuring that federal and state communications requirements are followed.
        (2) Providing system planning, including mutual aid planning and compatibility planning with other public safety agency communications systems.
        (3) Creating a standard user agreement.
        (4) Providing assistance to local public safety agencies in making equipment purchases.
        (5) Assessing charges for using the system.
        (6) Entering into and performing use and occupancy agreements concerning the system under IC 4-13.5.
        (7) Exercising any power necessary to carry out this chapter.
    (b) The Indiana statewide wireless public safety voice and data communications system may use the facilities of commercial mobile radio service providers (as defined in 47 USC 332). If the commission chooses to contract with one or more commercial mobile radio service providers to provide the system, the commission may delegate the responsibilities in subsection (a) to the commercial mobile radio service providers.
    SECTION 12. IC 5-26-4-1, AS ADDED BY P.L.117-1999, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) The integrated public safety communications fund is established to be used only to carry out the purposes of this article. The fund shall be administered by the commission.
    (b) The fund consists of:
        (1) appropriations from the general assembly;
        (2) gifts;

---

        (3) federal grants;
        (4) fees and contributions from user agencies that the commission considers necessary to maintain and operate the system; and
        (5) money from any other source permitted by law.
    (c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
    (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
     (e) If federal funds are not sufficient to pay for the system, the commission shall transfer money from the fund to the communications system infrastructure fund established by IC 5-26-5-4 in amounts sufficient to pay rentals and other obligations under use and occupancy agreements or other contracts or leases relating to the financing of the system under IC 4-13.5.
    SECTION 13. IC 5-26-4-2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. The money in the fund is annually appropriated as follows:
        (1) To the commission, for its use, subject to the approval of the budget agency, in the acquisition, construction, equipping, operation, maintenance, and financing of the system and state user equipment for the system, including the payment of rentals and other obligations under use and occupancy agreements or other contracts or leases relating to the financing of the system under IC 4-13.5.
        (2) To the state police department, such amounts as determined by the budget agency that are sufficient to enable the state police crime laboratory to address any backlog of cases to be processed by the laboratory. The appropriations under this subdivision are subject to the payment of rentals and other obligations under use and occupancy agreements or other contracts or leases relating to the financing of the system under IC 4-13.5.
    SECTION 14. IC 5-26-5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]:
     Chapter 5. Communications System Infrastructure Fund
    Sec. 1. As used in this chapter, "communications system infrastructure" means all or part of the infrastructure of the

system described in IC 5-26-3, including:
        (1) towers and the associated land, improvements, foundations, access roads and rights-of-way, structures, fencing, and equipment necessary, proper, or convenient to enable the tower to function as part of the system;
        (2) the radio and network equipment necessary, proper, or convenient to transmit and receive voice and data communications; and
        (3) any other necessary, proper, or convenient elements of the system.
    Sec. 2. As used in this chapter, "construction" means the erection, renovation, refurbishing, or alteration of all or any part of buildings, improvements, or other structures, including installation of fixtures or equipment, landscaping of grounds, site work, and providing for other ancillary facilities pertinent to the buildings or structures.
    Sec. 3. As used in this chapter, "infrastructure fund" refers to the communications system infrastructure fund.
    Sec. 4. The communications system infrastructure fund is established for the purpose of providing communications system infrastructure. The infrastructure fund consists of distributions received under IC 5-26-4-1(e).
    Sec. 5. The infrastructure fund shall be administered by the commission. The treasurer of state shall invest the money in the infrastructure fund not currently needed to meet the obligations of the infrastructure fund in the same manner as other public funds may be invested.
    Sec. 6. Money in the infrastructure fund at the end of a state fiscal year does not revert to the state general fund.
    Sec. 7. The commission may use the money in the infrastructure fund only to pay the following:
        (1) The cost of construction of communications system infrastructure.
        (2) The cost of acquisition or leasing of all real or personal property required for the construction of communications system infrastructure.
        (3) The cost of operation and maintenance of communications system infrastructure.
        (4) The cost of demolishing or removing any buildings, structures, or improvements on property acquired by the commission for the construction of communications system infrastructure.

---

        (5) Engineering and legal expenses, other professional services, and the costs of plans, specifications, surveys, estimates, and any necessary feasibility studies.
        (6) Payment of rentals and other obligations and performance of other obligations under use and occupancy agreements or other contracts or leases relating to the financing of communications system infrastructure under IC 4-13.5.
    Sec. 8. The commission shall pay its obligations under any use and occupancy agreement or any other contract or lease with the state office building commission from money deposited in the infrastructure fund before making any other disbursement or expenditure of the money.
    Sec. 9. There is annually appropriated to the commission the money in the infrastructure fund for its use, subject to the approval of the budget agency, in carrying out the purposes described in section 7 of this chapter.
    SECTION 15. IC 9-24-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The bureau shall adopt rules under IC 4-22-2 to regulate persons required to hold a commercial driver's license.
    (b) The rules must carry out 49 U.S.C. 521, 49 U.S.C. 2304, 31104, 49 U.S.C. 2701 31301 through 2716, 31306, 49 U.S.C. 31308 through 31317, and 49 CFR 383.
    (c) Rules adopted under this section must include the following:
        (1) Establishment of classes and periods of validation of commercial driver's licenses.
        (2) Standards for commercial driver's licenses, including suspension and revocation procedures.
        (3) Requirements for documentation of eligibility for legal employment, as set forth in 8 CFR 274a.2, and proof of residence in Indiana.
        (4) Development of written or oral tests, driving tests, and fitness requirements.
        (4) (5) Defining the commercial driver's licenses by classification and the information to be contained on the licenses, including the Social Security number and a unique identifier of the holder.
        (5) (6) Establishing fees for the issuance of commercial driver's licenses, including fees for testing and examination.
        (6) (7) Procedures for the notification by the holder of a commercial driver's license to the bureau and the driver's employer of pointable traffic offense convictions.
        (7) The (8) Conditions for reciprocity with other states, including

requirements for a written commercial driver's license test and operational skills test, and a hazardous materials endorsement written test and operational skills test, before a license may be issued.
        (8) (9) Other rules necessary to administer this chapter.
    (d) 49 CFR 383 is adopted as Indiana law.
    SECTION 16. IC 9-24-6-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) A driver who:
        (1) is:
            (A) convicted of an offense described in section 8(1) through 8(4) or 8(6) of this chapter; or
            (B) found to have violated section 8(7) of this chapter; and
        (2) has been previously convicted in a separate incident of any offense described in section 8(1) through 8(4) or 8(6) of this chapter;
is disqualified for life from driving a commercial motor vehicle.
     (b) A driver who applies for a hazardous materials endorsement and has been convicted of:
        (1) a felony under Indiana law that results in serious bodily injury or death to another person; or
        (2) a crime in any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a felony described in subdivision (1);
is disqualified for life from holding a hazardous materials endorsement.
    (c) The hazardous materials endorsement of a driver who holds a hazardous materials endorsement and is convicted of a:
        (1) felony under Indiana law that results in serious bodily injury or death to another person; or
        (2) crime in any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a felony described in subdivision (1);
is revoked upon conviction, and the driver is disqualified for life from holding a hazardous materials endorsement.
    SECTION 17. IC 9-29-3-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 23. (a) Except as provided in subsections (b) and (c) or as otherwise provided in this chapter, the service charges collected under this chapter shall be deposited in the state license branch fund established under IC 9-29-14.

---

     (b) Before July 1, 2019, one dollar and twenty-five cents ($1.25) of each service charge increase established by a rule adopted under section 19 of this chapter before January 1, 2002, for services described in sections 4, 6, 7, 8, 9, 10, 11, 12, 14, and 18 of this chapter shall be deposited in the integrated public safety communications fund established by IC 5-26-4-1. After June 30, 2019, the amount described in this subsection shall be deposited in the state license branch fund as provided in subsection (a).
    (c) Before July 1, 2019, one dollar and twenty-five cents ($1.25) of each service charge established by a rule adopted under section 19 of this chapter before January 1, 2002, for services described in IC 9-29-15-1 shall be deposited in the integrated public safety communications fund established by IC 5-26-4-1. After June 30, 2019, the amount described in this subsection shall be deposited in the state license branch fund as provided in subsection (a).
    SECTION 18. IC 10-1-1-28, AS ADDED BY P.L.69-2000, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 28. (a) As used in this section, "dies in the line of duty" refers to a death that occurs as a direct result of personal injury or illness resulting from any action that:
         (1) a motor carrier inspector; or
        (2) a special police employee of the department who is not a regular police employee of the department;
is obligated or authorized by rule, regulation, condition of employment or service, or law to perform in the course of the inspector's or special police employee's regular duties.
    (b) A special death benefit of one hundred fifty thousand dollars ($150,000) for a motor carrier inspector or special police employee who dies in the line of duty shall be paid in a lump sum from the special death benefit fund established by IC 5-10-10-5 to the following relative of a motor carrier inspector who dies in the line of duty:
        (1) To the surviving spouse.
        (2) If there is no surviving spouse, to the surviving children (to be shared equally).
        (3) If there is no surviving spouse and there are no surviving children, to the parent or parents in equal shares.
    SECTION 19. IC 10-1-1-29 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 29. (a) The department shall maintain security and preserve the peace in and about the following:
        (1) The state capitol building.
        (2) A state office building.

---

        (3) A state parking facility.
        (4) A state motor pool garage.
        (5) A state warehouse.
        (6) The Indiana state library.
        (7) The governor's residence.
        (8) Any other building or property used by the state for any of the following purposes:
            (A) Housing of personnel or activities of an agency or a branch of state government.
            (B) Providing transportation or parking for state employees or persons having business with state government.
    (b) A special police employee of the department assigned to the security activities under this section, other than an officer or police employee of the department who possesses police powers under section 10 of this chapter, possesses all of the common law and statutory powers of law enforcement officers, except for the service of civil process.
    (c) For purposes of IC 5-2-1, a special police employee assigned to the security activities under this section, other than a regular police employee of the department, is a special officer.
    (d) Special police employees shall enforce IC 4-20.5 and rules of the Indiana department of administration.
    (e) The superintendent may adopt rules under IC 4-22-2 to do the following:
        (1) Enforce IC 4-20.5 and rules of the Indiana department of administration concerning the security of state property.
        (2) Carry out the responsibilities for security of state property under this section.
    SECTION 20. IC 10-1-1-30 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 30. The superintendent may assign a special police employee described in section 29(b) of this chapter to serve as a gaming agent under an agreement with the Indiana gaming commission under IC 4-33-4-3.6.
    SECTION 21. IC 10-4-1-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) The department shall prepare and maintain a state emergency operations plan and keep it current, which plan may include:
        (1) prevention and minimization of injury and damage caused by disaster;
        (2) prompt and effective response to disaster;

---

        (3) emergency relief;
        (4) identification of areas particularly vulnerable to disaster;
        (5) recommendations for:
            (A) zoning;
            (B) building;
            (C) other land use controls;
            (D) safety measures for securing mobile homes or other nonpermanent or semipermanent structures; and
            (E) other preventive and preparedness measures designed to eliminate or reduce disaster or its impact;
        shall be disseminated to both the fire prevention and building safety commission and local authorities;
        (6) assistance to local officials in designing local emergency action plans;
        (7) authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from flood, conflagration, or other disaster;
        (8) preparation and distribution to the appropriate state and local officials of state catalogs of federal, state, and private assistance programs;
        (9) organization of manpower and chains of command;
        (10) coordination of federal, state, and local disaster activities;
        (11) coordination of the state disaster plan with the disaster plans of the federal government; and
        (12) other necessary matters.
    (b) The department shall take an integral part in the development and revision of local and interjurisdictional disaster plans prepared under section 10 of this chapter. To this end it shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions, their disaster agencies, and interjurisdictional planning and disaster agencies. These personnel shall consult with subdivisions and agencies on a regularly scheduled basis, shall make field examinations of the areas, circumstances, and conditions to which particular local and interjurisdictional disaster plans are intended to apply, and may suggest revisions.
    (c) In preparing and revising the state disaster plan, the department shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic and volunteer organizations, and community leaders. In advising local and interjurisdictional agencies, the department shall encourage them to seek advice from these sources.

---

    (d) The state disaster plan or any part of the plan may be incorporated in rules of the department or executive orders.
    (e) The department shall:
        (1) determine requirements of the state and its political subdivisions for food, clothing, and other necessities in event of an emergency;
        (2) procure and pre-position supplies, medicines, materials, and equipment;
        (3) promulgate standards and requirements for local and interjurisdictional disaster plans;
        (4) provide for mobile support units;
        (5) assist political subdivisions, their disaster agencies, and interjurisdictional disaster agencies to establish and operate training programs and programs of public information;
        (6) make surveys of industries, resources, and facilities within the state, both public and private, as are necessary to carry out the purposes of this chapter;
        (7) plan and make arrangements for the availability and use of any private facilities, services, and property, and if necessary and if in fact they are used provide for payment for use under terms and conditions agreed upon;
        (8) establish a register of persons with types of training and skills important in emergency prevention, preparedness, response, and recovery;
        (9) establish a register of mobile and construction equipment and temporary housing available for use in a disaster emergency;
        (10) prepare, for issuance by the governor, executive orders, proclamations, and regulations as necessary or appropriate in coping with disaster;
        (11) cooperate with the federal government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for disaster prevention, preparation, response, and recovery; and
        (12) do other things necessary, incidental, or appropriate for the implementation of this chapter.
    (f) The department shall ascertain what means exist for rapid and efficient communications in times of disaster emergencies. The department shall consider the desirability of supplementing these communications resources or of integrating them into a comprehensive intrastate or state-federal telecommunications or other communications system or network. In studying the character and feasibility of any system or its several parts, the department shall evaluate the possibility

of multipurpose use thereof for general state and local governmental purposes. The department shall make recommendations to the governor as appropriate.
    (g) The department shall develop a statewide mutual aid program and a statewide mutual aid agreement.
    SECTION 22. IC 10-4-1-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5.5. (a) As used in this section, "agreement" refers to the mutual aid agreement created under section 5(g) of this chapter.
    (b) As used in this section, "party" means a unit or state agency that has entered the agreement.
    (c) As used in this section, "unit" has the meaning set forth in IC 36-1-2-23.
    (d) The agreement must be a contract that provides for the following:
        (1) The procedures for the provision of mutual aid.
        (2) The term of the agreement and the method by which the agreement may be rescinded or terminated by a party before the termination date.
        (3) The terms and conditions governing reimbursement for any assistance provided.
        (4) The terms and conditions governing insurance.
        (5) The terms and conditions governing the assignment of liability. A party to the agreement is not liable for a claim made against or arising out of conduct of any other party to the agreement or the personnel of another party. (6) The role of the department.
        (7) Other terms and conditions needed to implement a statewide mutual aid program.
    (e) Whenever an employee of a party is rendering outside aid under the authority of an agreement, the employee has the same powers, duties, rights, privileges, and immunities as if the employee were performing the duties within the employee's normal jurisdiction.
    (f) A mutual aid arrangement or agreement entered by a unit under IC 36-1-7 before July 1, 2002, remains valid after July 1, 2002.
    SECTION 23. IC 12-17.4-4-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 11. (a) The division shall deny a license when an applicant fails to meet the requirements for a license. The division shall deny a license to an applicant who has

been convicted of any of the following felonies:
        (1) Murder (IC 35-42-1-1).
        (2) Causing suicide (IC 35-42-1-2).
        (3) Assisting suicide (IC 35-42-1-2.5).
        (4) Voluntary manslaughter (IC 35-42-1-3).
        (5) Reckless homicide (IC 35-42-1-5).
        (6) Battery (IC 35-42-2-1).
        (7) Aggravated battery (IC 35-42-2-1.5).
        (8) Kidnapping (IC 35-42-3-2).
        (9) Criminal confinement (IC 35-42-3-3).
        (10) A felony sex offense under IC 35-42-4.
        (11) Carjacking (IC 35-42-5-2).
        (12) Arson (IC 35-43-1-1).
        (13) Incest (IC 35-46-1-3).
        (14) Neglect of a dependent (IC 35-46-1-4(a)(1) and IC 35-46-1-4(a)(2)).
        (15) Child selling (IC 35-46-1-4(b)). (IC 35-46-1-4(d)).
        (16) A felony involving a weapon under IC 35-47 or IC 35-47.5.
        (17) A felony relating to controlled substances under IC 35-48-4.
        (18) An offense relating to material or a performance that is harmful to minors or obscene under IC 35-49-3.
        (19) A felony that is substantially equivalent to a felony listed in subdivisions (1) through (18) for which the conviction was entered in another state.
The division may deny a license to an applicant who has been convicted of a felony that is not listed in this subsection.
    (b) The division shall send written notice by certified mail that the application has been denied and give the reasons for the denial.
    (c) An administrative hearing concerning the denial of a license shall be provided upon written request by the applicant. The request must be made not more than thirty (30) days after receiving the written notice under subsection (b).
    (d) An administrative hearing shall be held not more than sixty (60) days after receiving a written request.
    (e) An administrative hearing shall be held in accordance with IC 4-21.5-3.
    (f) The division shall issue a decision not more than sixty (60) days after the conclusion of a hearing.
    SECTION 24. IC 20-5-2-8, AS AMENDED BY P.L.197-1999, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 8. (a) This section applies to:
        (1) a school corporation; and

---

        (2) an entity:
            (A) with which the school corporation contracts for services; and
            (B) that has employees who are likely to have direct, ongoing contact with children within the scope of the employees' employment.
    (b) A school corporation or entity may use information obtained under section 7 of this chapter concerning an individual's conviction for one (1) of the following offenses as grounds to not employ or contract with the individual:
        (1) Murder (IC 35-42-1-1).
        (2) Causing suicide (IC 35-42-1-2).
        (3) Assisting suicide (IC 35-42-1-2.5).
        (4) Voluntary manslaughter (IC 35-42-1-3).
        (5) Reckless homicide (IC 35-42-1-5).
        (6) Battery (IC 35-42-2-1) unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.
        (7) Aggravated battery (IC 35-42-2-1.5).
        (8) Kidnapping (IC 35-42-3-2).
        (9) Criminal confinement (IC 35-42-3-3).
        (10) A sex offense under IC 35-42-4.
        (11) Carjacking (IC 35-42-5-2).
        (12) Arson (IC 35-43-1-1) unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.
        (13) Incest (IC 35-46-1-3).
        (14) Neglect of a dependent as a Class B felony (IC 35-46-1-4(b)(2)) unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.
        (15) Child selling (IC 35-46-1-4(c)). (IC 35-46-1-4(d)).
        (16) Contributing to the delinquency of a minor (IC 35-46-1-8) unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.
        (17) An offense involving a weapon under IC 35-47 or IC 35-47.5 unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.
        (18) An offense relating to controlled substances under IC 35-48-4 unless ten (10) years have elapsed from the date the

individual was discharged from probation, imprisonment, or parole, whichever is later.
        (19) An offense relating to material or a performance that is harmful to minors or obscene under IC 35-49-3 unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.
        (20) An offense relating to operating a motor vehicle while intoxicated under IC 9-30-5 unless five (5) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.
        (21) An offense that is substantially equivalent to any of the offenses listed in this subsection in which the judgment of conviction was entered under the law of any other jurisdiction.
    (c) An individual employed by a school corporation or an entity described in subsection (a) shall notify the governing body of the school corporation if during the course of the individual's employment the individual is convicted in Indiana or another jurisdiction of an offense described in subsection (b).
    SECTION 25. IC 20-8.1-5.1-10, AS AMENDED BY P.L.264-2001, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10. (a) As used in this section, "firearm" has the meaning set forth in IC 35-47-1-5.
    (b) As used in this section, "bomb" has the meaning set forth in IC 35-41-1-4.3.
    (c) (b) As used in this section, "deadly weapon" has the meaning set forth in IC 35-41-1-8. The term does not include a firearm or bomb. destructive device.
    (c) As used in this section, "destructive device" has the meaning set forth in IC 35-47.5-2-4.
    (d) Notwithstanding section 14 of this chapter, a student who is:
        (1) identified as bringing a firearm or bomb destructive device to school or on school property; or
        (2) in possession of a firearm or bomb destructive device on school property;
must be expelled for a period of at least one (1) calendar year, with the return of the student to be at the beginning of the first school semester after the end of the one (1) year period.
    (e) The superintendent may, on a case-by-case basis, modify the period of expulsion under subsection (d) for a student who is expelled under this section.
    (f) Notwithstanding section 14 of this chapter, a student who is:
        (1) identified as bringing a deadly weapon to school or on school

property; or
        (2) in possession of a deadly weapon on school property;
may be expelled for a period of not more than one (1) calendar year.
    (g) A superintendent or the superintendent's designee shall immediately notify the appropriate law enforcement agency having jurisdiction over the property where the school is located if a student engages in a behavior described in subsection (d). The superintendent may give similar notice if the student engages in a behavior described in subsection (f). Upon receiving notification under this subsection, the law enforcement agency shall begin an investigation and take appropriate action.
    (h) A student with disabilities (as defined in IC 20-1-6.1-7) who possesses a firearm on school property is subject to procedural safeguards under 20 U.S.C. 1415.
    SECTION 26. IC 22-12-6-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. (a) The commission may adopt rules under IC 4-22-2 setting a fee schedule for the following:
        (1) Fireworks display permits issued under IC 22-11-14-2.
        (2) Explosives magazine permits issued under IC 22-14-4. IC 35-47.5-4.
        (3) Design releases issued under IC 22-15-3.
        (4) Certification of industrialized building systems and mobile structures under IC 22-15-4.
        (5) Inspection of regulated amusement devices under IC 22-15-7.
        (6) Application fees for variance requests under IC 22-13-2-11 and inspection fees for exemptions under IC 22-13-4-5.
    (b) Fee schedules set under this section must be sufficient to pay all of the costs, direct and indirect, that are payable from the fund into which the fee must be deposited, after deducting other money deposited in the fund. In setting these fee schedules, the commission may consider differences in the degree or complexity of the activity being performed for each fee.
    (c) The fee schedule set for design releases issued under subsection (a)(3) may not be changed more than one (1) time each year. The commission may include in this fee schedule a fee for the review of plans and specifications and, if a political subdivision does not have a program to periodically inspect the construction covered by the design release, a fee for inspecting the construction.
    (d) The fee schedule set under subsection (a) for design releases may provide that a portion of the fees collected shall be deposited in the statewide fire and building safety education fund established under

section 3 of this chapter.
    SECTION 27. IC 22-13-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. The commission shall adopt fire safety rules that prohibit the following:
        (1) The storage of regulated explosives (as defined in IC 35-47.5-2-13) in quantities exceeding the maximum quantity specified by the commission.
        (2) The storage of regulated explosives (as defined in IC 35-47.5-2-13) at a site that is located less than the minimum distance specified by the commission from a railroad, highway, or other place of habitation or assembly.
        (3) The use of a receptacle, burning fixture or equipment, heating fixture or equipment, or structure for an explosive, flammable, or other combustible matter that does not meet the design and composition standards specified by the commission.
        (4) The keeping, storage, use, manufacture, sale, handling, transportation, or disposition of an explosive, flammable, or other combustible matter in violation of any other requirements specified by the commission.
    SECTION 28. IC 22-13-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) This section applies to the following laboratories:
        (1) Analytical laboratories approved by the office of the state fire marshal under the alternative criteria established by the commission in its rules.
        (2) Laboratories that are:
            (A) operated by a college, university, school, or other educational entity for the purpose of instruction or research; and
            (B) approved by the office of the state fire marshal under the alternative criteria established by the commission in the rules.
    (b) The commission may:
        (1) apply different rules to the manufacture of regulated explosives (as defined in IC 35-47.5-2-13) in a laboratory described in subsection (a) than apply to other places where regulated explosives (as defined in IC 35-47.5-2-13) are manufactured; and
        (2) adopt rules under IC 4-22-2 to exempt laboratories described in subsection (a) from the regulated explosive magazines permit requirement under IC 22-14-4. IC 35-47.5-4.
    SECTION 29. IC 31-19-11-1, AS AMENDED BY P.L.200-1999, SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2002]: Sec. 1. (a) Whenever the court has heard the evidence and finds that:
        (1) the adoption requested is in the best interest of the child;
        (2) the petitioner or petitioners for adoption are of sufficient ability to rear the child and furnish suitable support and education;
        (3) the report of the investigation and recommendation under IC 31-19-8-5 has been filed;
        (4) the attorney or agency arranging an adoption has filed with the court an affidavit prepared by the state department of health under IC 31-19-5-16 indicating whether a man is entitled to notice of the adoption because the man has registered with the putative father registry in accordance with IC 31-19-5;
        (5) proper notice arising under subdivision (4), if notice is necessary, of the adoption has been given;
        (6) the attorney or agency has filed with the court an affidavit prepared by the state department of health under:
            (A) IC 31-19-6 indicating whether a record of a paternity determination; or
            (B) IC 16-37-2-2(g) indicating whether a paternity affidavit executed under IC 16-37-2-2.1;
        has been filed in relation to the child;
        (7) proper consent, if consent is necessary, to the adoption has been given; and
        (8) the petitioner for adoption is not prohibited from adopting the child as the result of an inappropriate criminal history described in subsection (c);
the court shall grant the petition for adoption and enter an adoption decree.
    (b) A court may not grant an adoption unless the department's affidavit under IC 31-19-5-16 is filed with the court as provided under subsection (a)(4).
    (c) A conviction of a felony or a misdemeanor related to the health and safety of a child by a petitioner for adoption is a permissible basis for the court to deny the petition for adoption. In addition, the court may not grant an adoption if a petitioner for adoption has been convicted of any of the felonies described as follows:
        (1) Murder (IC 35-42-1-1).
        (2) Causing suicide (IC 35-42-1-2).
        (3) Assisting suicide (IC 35-42-1-2.5).
        (4) Voluntary manslaughter (IC 35-42-1-3).
        (5) Reckless homicide (IC 35-42-1-5).

---

        (6) Battery as a felony (IC 35-42-2-1).
        (7) Aggravated battery (IC 35-42-2-1.5).
        (8) Kidnapping (IC 35-42-3-2).
        (9) Criminal confinement (IC 35-42-3-3).
        (10) A felony sex offense under IC 35-42-4.
        (11) Carjacking (IC 35-42-5-2).
        (12) Arson (IC 35-43-1-1).
        (13) Incest (IC 35-46-1-3).
        (14) Neglect of a dependent (IC 35-46-1-4(a)(1) and IC 35-46-1-4(a)(2)).
        (15) Child selling (IC 35-46-1-4(b)). (IC 35-46-1-4(d)).
        (16) A felony involving a weapon under IC 35-47 or IC 35-47.5.
        (17) A felony relating to controlled substances under IC 35-48-4.
        (18) An offense relating to material or a performance that is harmful to minors or obscene under IC 35-49-3.
        (19) A felony that is substantially equivalent to a felony listed in subdivisions (1) through (18) for which the conviction was entered in another state.
However, the court is not prohibited from granting an adoption based upon a felony conviction under subdivision (6), (11), (12), (16), or (17), or its equivalent under subdivision (19), if the offense was not committed within the immediately preceding five (5) year period.
    SECTION 30. IC 34-24-1-1, AS AMENDED BY HEA 1010-2002, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) The following may be seized:
        (1) All vehicles (as defined by IC 35-41-1), if they are used or are intended for use by the person or persons in possession of them to transport or in any manner to facilitate the transportation of the following:
            (A) A controlled substance for the purpose of committing, attempting to commit, or conspiring to commit any of the following:
                (i) Dealing in or manufacturing cocaine, a narcotic drug, or methamphetamine (IC 35-48-4-1).
                (ii) Dealing in a schedule I, II, or III controlled substance
                (IC 35-48-4-2).
                (iii) Dealing in a schedule IV controlled substance
                (IC 35-48-4-3).
                (iv) Dealing in a schedule V controlled substance
                (IC 35-48-4-4).
                (v) Dealing in a counterfeit substance (IC 35-48-4-5).
                (vi) Possession of cocaine, a narcotic drug, or

methamphetamine (IC 35-48-4-6).
                (vii) Dealing in paraphernalia (IC 35-48-4-8.5).
                (viii) Dealing in marijuana, hash oil, or hashish
                (IC 35-48-4-10).
            (B) Any stolen (IC 35-43-4-2) or converted property
            (IC 35-43-4-3) if the retail or repurchase value of that property is one hundred dollars ($100) or more.
            (C) Any hazardous waste in violation of IC 13-30-6-6.
            (D) A bomb (as defined in IC 35-41-1-4.3) or weapon of mass destruction (as defined in IC 35-41-1-29.4) used to commit, used in an attempt to commit, or used in a conspiracy to commit an offense under IC 35-47 as part of or in furtherance of an act of terrorism (as defined by IC 35-41-1-26.5).
        (2) All money, negotiable instruments, securities, weapons, communications devices, or any property used to commit, used in an attempt to commit, or used in a conspiracy to commit an offense under IC 35-47 as part of or in furtherance of an act of terrorism or commonly used as consideration for a violation of IC 35-48-4 (other than items subject to forfeiture under IC 16-42-20-5 or IC 16-6-8.5-5.1 before its repeal):
            (A) furnished or intended to be furnished by any person in exchange for an act that is in violation of a criminal statute;
            (B) used to facilitate any violation of a criminal statute; or
            (C) traceable as proceeds of the violation of a criminal statute.
        (3) Any portion of real or personal property purchased with money that is traceable as a proceed of a violation of a criminal statute.
        (4) A vehicle that is used by a person to:
            (A) commit, attempt to commit, or conspire to commit;
            (B) facilitate the commission of; or
            (C) escape from the commission of;
        murder (IC 35-42-1-1), kidnapping (IC 35-42-3-2), criminal confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense under IC 35-47 as part of or in furtherance of an act of terrorism.
        (5) Real property owned by a person who uses it to commit any of the following as a Class A felony, a Class B felony, or a Class C felony:
            (A) Dealing in or manufacturing cocaine, a narcotic drug, or methamphetamine (IC 35-48-4-1).

---

            (B) Dealing in a schedule I, II, or III controlled substance
            (IC 35-48-4-2).
            (C) Dealing in a schedule IV controlled substance
            (IC 35-48-4-3).
            (D) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
        (6) Equipment and recordings used by a person to commit fraud under IC 35-43-5-4(11).
        (7) Recordings sold, rented, transported, or possessed by a person in violation of IC 24-4-10.
        (8) Property (as defined by IC 35-41-1-23) or an enterprise (as defined by IC 35-45-6-1) that is the object of a corrupt business influence violation (IC 35-45-6-2).
        (9) Unlawful telecommunications devices (as defined in IC 35-45-13-6) and plans, instructions, or publications used to commit an offense under IC 35-45-13.
        (10) Any equipment used or intended for use in preparing, photographing, recording, videotaping, digitizing, printing, copying, or disseminating matter in violation of IC 35-42-4-4.
         (11) Destructive devices used, possessed, transported, or sold in violation of IC 35-47.5.
    (b) A vehicle used by any person as a common or contract carrier in the transaction of business as a common or contract carrier is not subject to seizure under this section, unless it can be proven by a preponderance of the evidence that the owner of the vehicle knowingly permitted the vehicle to be used to engage in conduct that subjects it to seizure under subsection (a).
    (c) Equipment under subsection (a)(10) may not be seized unless it can be proven by a preponderance of the evidence that the owner of the equipment knowingly permitted the equipment to be used to engage in conduct that subjects it to seizure under subsection (a)(10).
    (d) Money, negotiable instruments, securities, weapons, communications devices, or any property commonly used as consideration for a violation of IC 35-48-4 found near or on a person who is committing, attempting to commit, or conspiring to commit any of the following offenses shall be admitted into evidence in an action under this chapter as prima facie evidence that the money, negotiable instrument, security, or other thing of value is property that has been used or was to have been used to facilitate the violation of a criminal statute or is the proceeds of the violation of a criminal statute:
        (1) IC 35-48-4-1 (dealing in or manufacturing cocaine, a narcotic drug, or methamphetamine).
        (2) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled

substance).
        (3) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
        (4) IC 35-48-4-4 (dealing in a schedule V controlled substance) as a Class B felony.
        (5) IC 35-48-4-6 (possession of cocaine, a narcotic drug, or methamphetamine) as a Class A felony, Class B felony, or Class C felony.
        (6) IC 35-48-4-10 (dealing in marijuana, hash oil, or hashish) as a Class C felony.
    SECTION 31. IC 34-24-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4. (a) At the hearing, the prosecuting attorney must show by a preponderance of the evidence that the property was within the definition of property subject to seizure under section 1 of this chapter. If the property seized was a vehicle, the prosecuting attorney must also show by a preponderance of the evidence that a person who has an ownership interest of record in the bureau of motor vehicles knew or had reason to know that the vehicle was being used in the commission of the offense.
    (b) If the prosecuting attorney fails to meet the burden of proof, the court shall order the property released to the owner.
    (c) If the court enters judgment in favor of the state, or the state and a unit (if appropriate), the court, subject to section 5 of this chapter, shall order delivery to the law enforcement agency that seized the property. The court's order may permit the agency to use the property for a period not to exceed three (3) years. However, the order must require that, after the period specified by the court, the law enforcement agency shall deliver the property to the county sheriff for public sale.
    (d) If the court enters judgment in favor of the state, or the state and a unit (if appropriate), the court shall, subject to section 5 of this chapter:
        (1) determine the amount of law enforcement costs; and
        (2) order that:
            (A) the property, if it is not money or real property, be sold under section 6 of this chapter, by the sheriff of the county in which the property was seized, and if the property is a vehicle, this sale must occur after any period of use specified in subsection (c);
            (B) the property, if it is real property, be sold in the same manner as real property is sold on execution under IC 34-55-6;
            (C) the proceeds of the sale or the money be:
                 (i) deposited in the general fund of the state, or the unit that

employed the law enforcement officers that seized the property; or
                (ii) deposited in the general fund of a unit if the property was seized by a local law enforcement agency of the unit for an offense, an attempted offense, or a conspiracy to commit an offense under IC 35-47 as part of or in furtherance of an act of terrorism; and
            (D) any excess in value of the proceeds or the money over the law enforcement costs be forfeited and transferred to the treasurer of state for deposit in the common school fund.
    (e) If property that is seized under this chapter (or IC 34-4-30.1-4 before its repeal) is transferred:
        (1) after its seizure, but before an action is filed under section 3 of this chapter (or IC 34-4-30.1-3 before its repeal); or
        (2) when an action filed under section 3 of this chapter (or IC 34-4-30.1-3 before its repeal) is pending;
the person to whom the property is transferred must establish an ownership interest of record as a bona fide purchaser for value. A person is a bona fide purchaser for value under this section if the person, at the time of the transfer, did not have reasonable cause to believe that the property was subject to forfeiture under this chapter.
    (f) If the property seized was an unlawful telecommunications device (as defined in IC 35-45-13-6) or plans, instructions, or publications used to commit an offense under IC 35-45-13, the court may order the sheriff of the county in which the person was convicted of an offense under IC 35-45-13 to destroy as contraband or to otherwise lawfully dispose of the property.
    SECTION 32. IC 35-38-2.5-4.7, AS ADDED BY P.L.137-2001, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4.7. As used in this chapter, "violent offender" means a person who is:
        (1) convicted of an offense or attempted offense, except for an offense under IC 35-42-4 or IC 35-46-1-3, under IC 35-50-1-2(a), IC 35-42-2-1, IC 35-42-2-1.3, IC 35-43-1-1, IC 35-44-3-5, IC 35-45-10-5, or IC 35-47-5-1 (repealed), or IC 35-47.5-5;
        (2) charged with an offense or attempted offense listed in IC 35-50-1-2(a), IC 35-42-2-1, IC 35-42-2-1.3, IC 35-43-1-1, IC 35-44-3-5, IC 35-45-10-5, or IC 35-47-5-1 (repealed), or IC 35-47.5-5; or
        (3) a security risk as determined under section 10 of this chapter.
    SECTION 33. IC 35-41-1-8, AS AMENDED BY P.L.156-2001, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2002]: Sec. 8. "Deadly weapon" means the following:
        (1) A loaded or unloaded firearm.
        (2) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC 35-47-8-1), equipment, chemical substance, or other material that in the manner it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury.
        (3) An animal (as defined in IC 35-46-3-3) that is:
            (A) readily capable of causing serious bodily injury; and
            (B) used in the commission or attempted commission of a crime.
        (4) A biological disease, virus, or organism that is capable of causing serious bodily injury.
    SECTION 34. IC 35-41-1-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 8.5. "Destructive device" has the meaning set forth in IC 35-47.5-2-4.
    SECTION 35. IC 35-41-1-10.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10.7. "Food processing facility" means a facility used to prepare or process animal, plant, or other food ingredients into food products intended for sale or distribution to the general public for human consumption.
    SECTION 36. IC 35-43-1-1, AS AMENDED BY P.L.88-1999, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) A person who, by means of fire, or explosive, or destructive device, knowingly or intentionally damages:
        (1) a dwelling of another person without the other person's consent;
        (2) property of any person under circumstances that endanger human life;
        (3) property of another person without the other person's consent if the pecuniary loss is at least five thousand dollars ($5,000); or
        (4) a structure used for religious worship without the consent of the owner of the structure;
commits arson, a Class B felony. However, the offense is a Class A felony if it results in either bodily injury or serious bodily injury to any person other than a defendant.
    (b) A person who commits arson for hire commits a Class B felony. However, the offense is a Class A felony if it results in bodily injury to any other person.

---

    (c) A person who, by means of fire, or explosive, or destructive device, knowingly or intentionally damages property of any person with intent to defraud commits arson, a Class C felony.
    (d) A person who, by means of fire, or explosive, or destructive device, knowingly or intentionally damages property of another person without the other person's consent so that the resulting pecuniary loss is at least two hundred fifty dollars ($250) but less than five thousand dollars ($5,000) commits arson, a Class D felony.
    SECTION 37. IC 35-43-1-2, AS AMENDED BY P.L.100-1999, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) A person who:
        (1) recklessly, knowingly, or intentionally damages or defaces property of another person without the other person's consent; or
        (2) knowingly or intentionally causes another to suffer pecuniary loss by deception or by an expression of intention to injure another person or to damage the property or to impair the rights of another person;
commits criminal mischief, a Class B misdemeanor. However, the offense is:
            (A) a Class A misdemeanor if:
                (i) the pecuniary loss is at least two hundred fifty dollars ($250) but less than two thousand five hundred dollars ($2,500);
                (ii) the property damaged was a moving motor vehicle;
                (iii) the property damaged was a car or equipment of a railroad company being operated on a railroad right-of-way; or
                (iv) the property damage or defacement was caused by paint or other markings; and
            (B) a Class D felony if:
                (i) the pecuniary loss is at least two thousand five hundred dollars ($2,500);
                (ii) the damage causes a substantial interruption or impairment of utility service rendered to the public;
                (iii) the damage is to a public record;
                (iv) the damage causes substantial interruption or impairment of work conducted in a scientific research facility; or
                (v) the damage is to a law enforcement animal (as defined in IC 35-46-3-4.5); or
                (vi) the damage causes substantial interruption or impairment of work conducted in a food processing

facility.
    (b) A person who recklessly, knowingly, or intentionally damages:
        (1) a structure used for religious worship;
        (2) a school or community center;
        (3) the grounds:
            (A) adjacent to; and
            (B) owned or rented in common with;
        a structure or facility identified in subdivision (1) or (2); or
        (4) personal property contained in a structure or located at a facility identified in subdivision (1) or (2);
without the consent of the owner, possessor, or occupant of the property that is damaged, commits institutional criminal mischief, a Class A misdemeanor. However, the offense is a Class D felony if the pecuniary loss is at least two hundred fifty dollars ($250) but less than two thousand five hundred dollars ($2,500), and a Class C felony if the pecuniary loss is at least two thousand five hundred dollars ($2,500).
    (c) If a person is convicted of an offense under this section that involves the use of graffiti, the court may, in addition to any other penalty, order that the person's operator's license be suspended or invalidated by the bureau of motor vehicles for not more than one (1) year.
    (d) The court may rescind an order for suspension or invalidation under subsection (c) and allow the person to receive a license or permit before the period of suspension or invalidation ends if the court determines that:
        (1) the person has removed or painted over the graffiti or has made other suitable restitution; and
        (2) the person who owns the property damaged or defaced by the criminal mischief or institutional criminal mischief is satisfied with the removal, painting, or other restitution performed by the person.
    SECTION 38. IC 35-43-5-3.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3.6. A person who knowingly or intentionally obtains, possesses, transfers, or uses the identifying information of another person with intent to:
        (1) commit terrorism; or
        (2) obtain or transport a weapon of mass destruction;
commits terroristic deception, a Class C felony.
    SECTION 39. IC 35-44-2-2, AS AMENDED BY P.L.156-2001, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) As used in this section, "consumer product"

has the meaning set forth in IC 35-45-8-1.
    (b) A person who reports, by telephone, telegraph, mail, or other written or oral communication, that:
        (1) the person or another person has placed or intends to place an explosive, a destructive device, or other destructive substance in a building or transportation facility;
        (2) there has been or there will be tampering with a consumer product introduced into commerce; or
        (3) there has been or will be placed or introduced a weapon of mass destruction in a building or a place of assembly;
knowing the report to be false commits false reporting, a Class D felony.
    (c) A person who:
        (1) gives a false report of the commission of a crime or gives false information in the official investigation of the commission of a crime, knowing the report or information to be false;
        (2) gives a false alarm of fire to the fire department of a governmental entity, knowing the alarm to be false;
        (3) makes a false request for ambulance service to an ambulance service provider, knowing the request to be false; or
        (4) gives a false report concerning a missing child (as defined in IC 10-1-7-2) or gives false information in the official investigation of a missing child knowing the report or information to be false;
commits false informing, a Class B misdemeanor. However, the offense is a Class A misdemeanor if it substantially hinders any law enforcement process or if it results in harm to an innocent person.
    SECTION 40. IC 35-45-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. A person who recklessly, knowingly, or intentionally:
        (1) engages in fighting or in tumultuous conduct;
        (2) makes unreasonable noise and continues to do so after being asked to stop; or
        (3) disrupts a lawful assembly of persons;
commits disorderly conduct, a Class B misdemeanor. However, the offense is a Class D felony if it adversely affects airport security and is committed in an airport (as defined in IC 8-21-1-1) or on the premises of an airport, including in a parking area, a maintenance bay, or an aircraft hangar.
    SECTION 41. IC 35-45-6-1, AS AMENDED BY P.L.17-2001, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. As used in this chapter:

---

    "Documentary material" means any document, drawing, photograph, recording, or other tangible item containing compiled data from which information can be either obtained or translated into a usable form.
    "Enterprise" means:
        (1) a sole proprietorship, corporation, limited liability company, partnership, business trust, or governmental entity; or
        (2) a union, an association, or a group, whether a legal entity or merely associated in fact.
    "Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering activity that have the same or similar intent, result, accomplice, victim, or method of commission, or that are otherwise interrelated by distinguishing characteristics that are not isolated incidents. However, the incidents are a pattern of racketeering activity only if at least one (1) of the incidents occurred after August 31, 1980, and if the last of the incidents occurred within five (5) years after a prior incident of racketeering activity.
    "Racketeering activity" means to commit, to attempt to commit, to conspire to commit a violation of, or aiding and abetting in a violation of any of the following:
        (1) A provision of IC 23-2-1, or of a rule or order issued under IC 23-2-1.
        (2) A violation of IC 35-45-9.
        (3) A violation of IC 35-47.
        (4) A violation of IC 35-49-3.
        (5) Murder (IC 35-42-1-1).
        (6) Battery as a Class C felony (IC 35-42-2-1).
        (7) Kidnapping (IC 35-42-3-2).
        (8) Child exploitation (IC 35-42-4-4).
        (9) Robbery (IC 35-42-5-1).
        (10) Carjacking (IC 35-42-5-2).
        (11) Arson (IC 35-43-1-1).
        (12) Burglary (IC 35-43-2-1).
        (13) Theft (IC 35-43-4-2).
        (14) Receiving stolen property (IC 35-43-4-2).
        (15) Forgery (IC 35-43-5-2).
        (16) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(9)).
        (17) Bribery (IC 35-44-1-1).
        (18) Official misconduct (IC 35-44-1-2).
        (19) Conflict of interest (IC 35-44-1-3).
        (20) Perjury (IC 35-44-2-1).
        (21) Obstruction of justice (IC 35-44-3-4).
        (22) Intimidation (IC 35-45-2-1).

---

        (23) Promoting prostitution (IC 35-45-4-4).
        (24) Promoting professional gambling (IC 35-45-5-4).
        (25) Dealing in or manufacturing cocaine, a narcotic drug, or methamphetamine (IC 35-48-4-1).
        (26) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
        (27) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
        (28) Dealing in a schedule V controlled substance (IC 35-48-4-4).
        (29) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
        (30) Money laundering (IC 35-45-15-5).
         (31) A violation of IC 35-47.5-5.
    SECTION 42. IC 35-45-15-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) A person that knowingly or intentionally:
        (1) acquires or maintains an interest in, receives, conceals, possesses, transfers, or transports the proceeds of criminal activity;
        (2) conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; or
        (3) invests, expends, receives, or offers to invest, expend, or receive, the proceeds of criminal activity or funds that are the proceeds of criminal activity, and the person knows that the proceeds or funds are the result of criminal activity;
commits money laundering, a Class D felony. However, the offense is:
             (A) a Class C felony if the value of the proceeds or funds is at least fifty thousand dollars ($50,000);
             (B) a Class C felony if a person commits the crime with the intent to:
                (i) commit or promote an act of terrorism; or
                (ii) obtain or transport a weapon of mass destruction; and
            (C) a Class B felony if the value of the proceeds or funds is at least fifty thousand dollars ($50,000) and a person commits the crime with the intent to:
                (i) commit or promote an act of terrorism; or
                (ii) obtain or transport a weapon of mass destruction.
    (b) It is a defense to prosecution under this section that the person acted with intent to facilitate the lawful seizure, forfeiture, or disposition of funds or other legitimate law enforcement purpose under Indiana or United States law.
    (c) It is a defense to prosecution under this section that:

---

        (1) the transaction was necessary to preserve a person's right to representation as guaranteed by the Sixth Amendment of the United States Constitution or Article 1, Section 13, of the Constitution of the State of Indiana; or
        (2) the funds were received as bona fide legal fees by a licensed attorney and, at the time of the receipt of the funds, the attorney did not have actual knowledge that the funds were derived from criminal activity.
    SECTION 43. IC 35-47-5-8, AS AMENDED BY P.L.104-2000, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 8. A person who owns or possesses
        (1) a machine gun or
        (2) a bomb;
commits a Class C felony.
    SECTION 44. IC 35-47-5-9, AS AMENDED BY P.L.104-2000, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9. A person who
        (1) operates a loaded machine gun or
        (2) hurls, drops, places, or detonates a bomb;
commits a Class B felony.
    SECTION 45. IC 35-47-5-10, AS AMENDED BY P.L.104-2000, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10. The provisions of sections section 8 or 9 of this chapter shall not be construed to apply to any of the following:
        (1) Members of the military or naval forces of the United States, National Guard of Indiana, or Indiana State Guard, when on duty or practicing.
        (2) Machine guns or bombs kept for display as relics and which are rendered harmless and not usable.
        (3) Any of the law enforcement officers of this state or the United States while acting in the furtherance of their duties.
        (4) Persons lawfully engaged in the display, testing, or use of fireworks.
        (5) Agencies of state government.
        (6) Persons permitted by law to engage in the business of manufacturing, assembling, conducting research on, or testing machine guns, bombs, airplanes, tanks, armored vehicles, or ordnance equipment or supplies while acting within the scope of such business.
        (7) Persons possessing, or having applied to possess, machine guns under applicable United States statutes. Such machine guns must be transferred as provided in this article.

---

        (8) Persons lawfully engaged in the manufacture, transportation, distribution, use or possession of any material, substance, or device for the sole purpose of industrial, agricultural, mining, construction, educational, or any other lawful use.
    SECTION 46. IC 35-47-7-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. The:
        (1) physician who treats a person; or
        (2) administrator or the administrator's designee of the hospital or outpatient surgical center where a person was treated;
who has reason to believe that the physician or hospital is treating a person for an injury that was inflicted while the person was making or using a destructive device shall report the case to a local law enforcement agency not more than seventy-two (72) hours after the person is treated. The report may be made orally or in writing.
    SECTION 47. IC 35-47-12-1, AS ADDED BY P.L.156-2001, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. A person who knowingly or intentionally:
        (1) possesses;
         (2) manufactures;
        (2) (3) places;
        (3) (4) disseminates; or
        (4) (5) detonates;
a weapon of mass destruction with the intent to carry out terrorism commits a Class B felony. However, the offense is a Class A felony if the conduct results in serious bodily injury or death of any person.
    SECTION 48. IC 35-47-12-2, AS ADDED BY P.L.156-2001, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. A person who knowingly or intentionally:
        (1) possesses;
         (2) manufactures;
        (2) (3) places;
        (3) (4) disseminates; or
        (4) (5) detonates;
a weapon of mass destruction with the intent to damage, destroy, sicken, or kill crops or livestock of another person without the consent of the other person commits agricultural terrorism, a Class C felony.
    SECTION 49. IC 35-47-12-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. A person who knowingly or

intentionally places or disseminates a device or substance with the intent to cause a reasonable person to believe that the device or substance is a weapon of mass destruction (as defined in IC 35-41-1-29.4), commits terroristic mischief, a Class C felony. However, the offense is a Class B felony if, as a result of the terroristic mischief:
        (1) a physician prescribes diagnostic testing or medical treatment for any person other than the person who committed the terroristic mischief; or
        (2) a person suffers serious bodily injury.
    SECTION 50. IC 35-47.5 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]:
     ARTICLE 47.5. CONTROLLED EXPLOSIVES
    Chapter 1. Applicability
    Sec. 1. This article does not apply to the following:
        (1) Fertilizers, propellant actuated devices, or propellant activated industrial tools:
            (A) manufactured;
            (B) imported;
            (C) distributed; or
            (D) used;
        for their designed purposes.
        (2) A pesticide that is:
            (A) manufactured;
            (B) stored;
            (C) transported;
            (D) distributed;
            (E) possessed; or
            (F) used;
        for its designed purposes or in accordance with Chapter 7 of Title 2, the federal Insecticide, Fungicide, and Rodenticide Act, 61 Stat. 163, as amended, and the federal Environmental Pesticide Control Act of 1972, P.L.92-516, as amended.
    Chapter 2. Definitions
    Sec. 1. The definitions in this chapter apply throughout this article.
    Sec. 2. "Booby trap" means a device meant to cause death or bodily injury by:
        (1) hiding the device; or
        (2) activating the device by trip wires, switches, antidisturbance, or other remote means.

---

    Sec. 3. "Commission" refers to the fire prevention and building safety commission established by IC 22-12-2-1.
    Sec. 4. (a) "Destructive device" means:
        (1) an explosive, incendiary, or overpressure device that is configured as a:
            (A) bomb;
            (B) grenade;
            (C) rocket with a propellant charge of more than four (4) ounces;
            (D) missile having an explosive or incendiary charge of more than one-quarter (1/4) ounce;
            (E) mine;
            (F) Molotov cocktail; or
            (G) device that is substantially similar to an item described in clauses (A) through (F);
        (2) a type of weapon that may be readily converted to expel a projectile by the action of an explosive or other propellant through a barrel that has a bore diameter of more than one-half (1/2) inch; or
        (3) a combination of parts designed or intended for use in the conversion of a device into a destructive device.
    (b) The term does not include the following:
        (1) A pistol, rifle, shotgun, or weapon suitable for sporting or personal safety purposes or ammunition.
        (2) A device that is neither designed nor redesigned for use as a weapon.
        (3) A device that, although originally designed for use as a weapon, is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device.
        (4) A surplus military ordnance sold, loaned, or given by authority of the appropriate official of the United States Department of Defense.
    Sec. 5. "Detonator" means a device containing a detonating charge that is used to initiate detonation in an explosive, including the following:
        (1) Electric blasting caps.
        (2) Blasting caps for use with safety fuses.
        (3) Detonating cord delay connectors.
        (4) Blasting caps for use with a shock tube.
        (5) Improvised devices designed to function as a detonator.
    Sec. 6. "Distribute" means the actual, constructive, or attempted transfer from one (1) person to another.

---

    Sec. 7. "Explosives" means a chemical