Introduced Version






HOUSE BILL No. 1473

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-28-7-2; IC 35-31.5-2-285; IC 35-47-9.

Synopsis: Possession of firearms on school property. Provides that for purposes of the law concerning possession of firearms on school property: (1) school property does not include grounds adjacent to and owned or rented in common with a building or other structure owned or rented by a school; (2) property that is being used by a school for a school function if the property is being used exclusively by the school for the school function, the property is not accessible to the general public during the school function, and a notice conspicuously posted at each entrance to the property states that the property is being used by a school for a school function; and (3) the law does not apply to a person who may legally possess a firearm and possesses a firearm that is locked in the trunk of the person's motor vehicle, kept in the glove compartment of the person's locked motor vehicle, or stored out of plain sight in the person's locked motor vehicle. Removes a provision from the law concerning firearms in locked vehicles that allows a person to adopt a policy or rule that prohibits an employee of the person from possessing a firearm or ammunition in or on school property, in or on property that is being used by a school for a school function, or on a school bus in violation of: (1) student discipline laws concerning possession of firearms; or (2) the law concerning possession of firearms on school property and school buses.

Effective: July 1, 2013.





Lucas




    January 22, 2013, read first time and referred to Committee on Public Policy.







Introduced

First Regular Session 118th General Assembly (2013)


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.
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HOUSE BILL No. 1473



    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 34-28-7-2; (13)IN1473.1.1. -->     SECTION 1. IC 34-28-7-2, AS AMENDED BY P.L.114-2012, SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Notwithstanding any other law and except as provided in subsection (b), a person may not adopt or enforce an ordinance, a resolution, a policy, or a rule that:
        (1) prohibits; or
        (2) has the effect of prohibiting;
an employee of the person, including a contract employee, from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle.
    (b) Subsection (a) does not prohibit the adoption or enforcement of an ordinance, a resolution, a policy, or a rule that prohibits or has the effect of prohibiting an employee of the person, including a contract employee, from possessing a firearm or ammunition:
        (1) in or on school property, in or on property that is being used

by a school for a school function, or on a school bus in violation of IC 20-33-8-16 or IC 35-47-9-2;
        (2) (1) on the property of:
            (A) a child caring institution;
            (B) an emergency shelter care child caring institution;
            (C) a private secure facility;
            (D) a group home;
            (E) an emergency shelter care group home; or
            (F) a child care center;
        in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC 2-11-80, 465 IAC 2-12-78, 465 IAC 2-13-77, or 470 IAC 3-4.7-19;
        (3) (2) on the property of a penal facility (as defined in IC 35-31.5-2-232);
        (4) (3) in violation of federal law;
        (5) (4) in or on property belonging to an approved postsecondary educational institution (as defined in IC 21-7-13-6(b));
        (6) (5) on the property of a domestic violence shelter;
        (7) (6) at a person's residence;
        (8) (7) on the property of a person that is:
            (A) subject to the United States Department of Homeland Security's Chemical Facility Anti-Terrorism Standards issued April 9, 2007; and
            (B) licensed by the United States Nuclear Regulatory Commission under Title 10 of the Code of Federal Regulations;
        (9) (8) on property owned by:
            (A) a public utility (as defined in IC 8-1-2-1) that generates and transmits electric power; or
            (B) a department of public utilities created under IC 8-1-11.1; or
        (10) (9) in the employee's personal vehicle if the employee, including a contract employee, is a direct support professional who:
            (A) works directly with individuals with developmental disabilities to assist the individuals to become integrated into the individuals' community or least restrictive environment; and
            (B) uses the employee's personal vehicle while transporting an individual with developmental disabilities.

SOURCE: IC 35-31.5-2-285; (13)IN1473.1.2. -->     SECTION 2. IC 35-31.5-2-285, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2013]: Sec. 285. (a) "School property", except as provided in subsection (b), means the following:
        (1) A building or other structure owned or rented by:
            (A) a school corporation;
            (B) an entity that is required to be licensed under IC 12-17.2 or IC 31-27;
            (C) a private school that is not supported and maintained by funds realized from the imposition of a tax on property, income, or sales; or
            (D) a federal, state, local, or nonprofit program or service operated to serve, assist, or otherwise benefit children who are at least three (3) years of age and not yet enrolled in kindergarten, including the following:
                (i) A Head Start program under 42 U.S.C. 9831 et seq.
                (ii) A special education preschool program.
                (iii) A developmental child care program for preschool children.
        (2) The grounds adjacent to and owned or rented in common with a building or other structure described in subdivision (1).
     (b) "School property", for purposes of IC 35-47-9, means a building or other structure owned or rented by:
        (1) a school corporation;
        (2) an entity that is required to be licensed under IC 12-17.2 or IC 31-27;
        (3) a private school that is not supported and maintained by funds realized from the imposition of a tax on property, income, or sales; or
        (4) a federal, state, local, or nonprofit program or service operated to serve, assist, or otherwise benefit children who are at least three (3) years of age and not yet enrolled in kindergarten, including the following:
            (A) A Head Start program under 42 U.S.C. 9831 et seq.
            (B) A special education preschool program.
            (C) A developmental child care program for preschool children.
The term does not include grounds adjacent to and owned or rented in common with a building or other structure described in this subsection.

SOURCE: IC 35-47-9-1; (13)IN1473.1.3. -->     SECTION 3. IC 35-47-9-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. This chapter does not apply to the following:
        (1) A:
            (A) federal;
            (B) state; or
            (C) local;
        law enforcement officer.
        (2) A person who has been employed or authorized by:
            (A) a school; or
            (B) another person who owns or operates property being used by a school for a school function;
        to act as a security guard, perform or participate in a school function, or participate in any other activity authorized by a school.
        (3) A person who:
            (A) may legally possess a firearm; and
            (B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.
         (4) A person who:
            (A) may legally possess a firearm; and
            (B) possesses a firearm that is:
                (i) locked in the trunk of the person's motor vehicle;
                (ii) kept in the glove compartment of the person's locked motor vehicle; or
                (iii) stored out of plain sight in the person's locked motor vehicle.

SOURCE: IC 35-47-9-3; (13)IN1473.1.4. -->     SECTION 4. IC 35-47-9-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. For purposes of this chapter, property is being used by a school for a school function if:
        (1) the property is being used exclusively by the school for the school function;
        (2) the property is not accessible to the general public during the school function; and
        (3) a notice conspicuously posted at each entrance to the property states that the property is being used by the school for a school function.