Introduced Version






SENATE BILL No. 373

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-31.5-2; IC 35-43-2-2.5.

Synopsis: Agricultural and industrial operations. Makes it unlawful recording of agricultural or industrial operations, a Class A misdemeanor, for a person to: (1) enter real property that is owned by another person and on which agricultural operations or industrial operations are being conducted; and (2) take a photograph of or make a video recording or motion picture of the real property, structures located on the real property, or the agricultural operations or industrial operations being conducted on the real property; without the written consent of the owner of the real property or an authorized representative of the owner.

Effective: July 1, 2013.





Holdman




    January 8, 2013, read first time and referred to Committee on Corrections & Criminal Law.







Introduced

First Regular Session 118th General Assembly (2013)


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SENATE BILL No. 373



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

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

SOURCE: IC 35-31.5-2-13.3; (13)IN0373.1.1. -->     SECTION 1. IC 35-31.5-2-13.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13.3. "Agricultural operations", for purposes of IC 35-43-2-2.5, has the meaning set forth in IC 35-43-2-2.5(b).
SOURCE: IC 35-31.5-2-169.3; (13)IN0373.1.2. -->     SECTION 2. IC 35-31.5-2-169.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 169.3. "Industrial operations", for purposes of IC 35-43-2-2.5, has the meaning set forth in IC 35-43-2-2.5(c).
SOURCE: IC 35-43-2-2.5; (13)IN0373.1.3. -->     SECTION 3. IC 35-43-2-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.5. (a) This section does not apply to the following:
        (1) A law enforcement officer, a federal enforcement officer, or any other federal, state, or local government employee while the officer or employee is engaged in the performance of the officer's or employee's official duties.
        (2) A land surveyor or any personnel acting under the supervision of a land surveyor as provided in:
            (A) IC 25-21.5-9-7; and
            (B) IC 25-21.5-9-8.
    (b) As used in this section, "agricultural operations" means:
        (1) the production of:
            (A) crops;
            (B) livestock;
            (C) poultry;
            (D) livestock products;
            (E) poultry products; or
            (F) horticultural products; or
        (2) growing timber.
    (c) As used in this section, "industrial operations" means the:
        (1) manufacture of a product from other products;
        (2) transformation of a material from one (1) form to another;
        (3) mining of a material and related mine activities; or
        (4) storage or disposition of a product or material.
    (d) A person who knowingly or intentionally:
        (1) enters real property:
            (A) that is owned by another person; and
            (B) on which agricultural operations or industrial operations are being conducted; and
        (2) takes a digital or analog photograph of or makes a digital or analog video recording or motion picture of:
            (A) the real property;
            (B) structures located on the real property; or
            (C) the agricultural operations or industrial operations being conducted on the real property;
without the written consent of the owner of the real property or an authorized representative of the owner commits unlawful recording of agricultural or industrial operations, a Class A misdemeanor.