January 18, 2012



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, Hume, Rogers

    January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
    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 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 2011 Regular Session of the General Assembly.


    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 citizens.
    (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

hot pursuit.
        (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 conditions:
        (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 authority.
        (2) The law enforcement officer is not engaged in the execution of the law enforcement officer's official duty.
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.