January 18, 2012
SENATE BILL No. 1
DIGEST OF SB 1
(Updated January 17, 2012 11:06 am - DI 107)
Citations Affected: IC 35-41.
Synopsis: Right to defend against unlawful entry. Permits a person to
resist the unlawful entry into a dwelling by a law enforcement officer
under certain conditions. (The introduced version of this bill was
prepared by the Legislative Council Barnes v. State Subcommittee.)
Effective: July 1, 2012.
Young R Michael, Charbonneau,
Steele, Alting, Banks, Becker, Boots,
Buck, Delph, Eckerty, Gard, Glick,
Grooms, Head, Hershman, Holdman,
Kruse, Landske, Lawson C, Leising,
Long, Merritt, Miller, Mishler,
Nugent, Paul, Schneider, Simpson,
Smith J, Tomes, Walker, Waltz,
Waterman, Wyss, Yoder, Lanane,
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
January 17, 2012, amended, reported favorably _ Do Pass.
January 18, 2012
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2011 Regular Session of the General Assembly.
SENATE BILL No. 1
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 35-41-3-2.5; (12)SB0001.1.1. -->
SECTION 1. IC 35-41-3-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 2.5. (a) The purpose of this section is to protect
citizens from unlawful entry into their homes by law enforcement
officers or persons pretending to be law enforcement officers. Both
citizens and law enforcement officers benefit from clear guidance
about the parameters of lawful home entry, which will reduce the
potential for violence and respect the privacy and property of
(b) This section does not apply to any of the following:
(1) The entry into a dwelling by a law enforcement officer
who has a reasonable belief that a person inside the dwelling
has been or is at risk of physical harm.
(2) An entry into a residence by invitation of at least one (1)
adult resident, unless one (1) or more other adult residents
object to the entry.
(3) The entry into a dwelling by a law enforcement officer in
(4) A person who is committing or is escaping after the
commission of a crime.
(5) The entry into a dwelling by a law enforcement officer
with a warrant.
(c) A person may use force in accordance with this section to
prevent or terminate a law enforcement officer's unlawful entry
into the person's dwelling or into the dwelling of a member of the
person's immediate family under one (1) or more of the following
(1) The person does not have actual knowledge that the officer
is a law enforcement officer, and the officer:
(A) has not identified himself or herself as a law
enforcement officer; or
(B) is not wearing a distinctive uniform or badge of
(2) The law enforcement officer is not engaged in the
execution of the law enforcement officer's official duty.
(d) A person may use reasonable force, including physical force,
against a person described in subsection (c)(1), if the person
reasonably believes that the force is necessary to immediately
prevent or terminate the unlawful entry into the dwelling.
(e) A person may not use physical force against a law
enforcement officer described in subsection (c)(2) unless the person
has no adequate alternative to prevent or terminate the unlawful
entry into the dwelling.
(f) A person who is justified in using force under this section is
not required to retreat.