Introduced Version






HOUSE BILL No. 1562

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 15-10-1-10; IC 15-17-3-13; IC 35-43; IC 35-45-2-6.

Synopsis: Agricultural crimes. Enhances the crimes of theft, criminal mischief, criminal trespass, burglary, and criminal conversion if the crime committed concerns: (1) agricultural operations; or (2) livestock. Makes it unlawful recording of agricultural operations, a Class A misdemeanor, for a person to: (1) enter real property that is owned by another person and on which agricultural 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 being conducted on the real property; without the written consent of the owner of the real property or an authorized representative of the owner. Requires the board of animal health to establish a registry of persons convicted of crimes concerning agricultural operations and livestock. Makes recklessly, knowingly, or intentionally obstructing the lawful use of an agricultural operation through coercion, fear, or intimidation a Class B misdemeanor. Makes recklessly, knowingly, or intentionally damaging a structure used for agricultural operations, the grounds adjacent to and owned or rented in common with an agricultural operation, or personal property contained in a structure or located at an agricultural operation, without the consent of the owner, possessor, or occupant of the property that is damaged, a Class A misdemeanor.

Effective: July 1, 2013.





Lehe, Baird, Morrison




    January 22, 2013, read first time and referred to Committee on Courts and Criminal Code.







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.
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 2012 Regular Session of the General Assembly.

HOUSE BILL No. 1562



    A BILL FOR AN ACT to amend the Indiana Code concerning agriculture and animals.

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

SOURCE: IC 15-10-1-10; (13)IN1562.1.1. -->         SECTION 1. IC 15-10-1-10 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. It is the intent of the general assembly that farmers have the following rights:
        (1) To own, foster, breed, display, exhibit, farm, and sell animals using traditional and modern methods and devices.
        (2) To engage in agricultural operations (as defined in IC 32-30-6-1) free from the threat of terrorism and interference from unauthorized third persons.

SOURCE: IC 15-17-3-13; (13)IN1562.1.2. -->     SECTION 2. IC 15-17-3-13, AS AMENDED BY P.L.50-2010, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13. In addition to the powers and duties given the board in this article and by law, the board has the powers and duties reasonable and necessary to do the following:
        (1) Provide for the quarantine of animals and objects to prevent, control, and eradicate diseases and pests of animals.
        (2) Develop, adopt, and implement programs and procedures for

establishing and maintaining accredited, certified, validated, or designated disease or pest free or disease or pest monitored animals, herds, flocks, or areas, including the following:
            (A) The establishment and maintenance of herds that are monitored for disease or pest syndromes.
            (B) The establishment and maintenance of certified or validated brucellosis free herds, animals, and areas.
            (C) The establishment and maintenance of accredited tuberculosis free herds, animals, and areas.
        (3) Develop, adopt, and implement programs and plans for the prevention, detection, control, and eradication of diseases and pests of animals.
        (4) Control or prohibit, by permit or other means, the movement and transportation into, out of, or within Indiana of animals and objects in order to prevent, detect, control, or eradicate diseases and pests of animals. When implementing controls or prohibitions, the board may consider whether animals or objects are diseased, suspected to be diseased, or under quarantine, or whether the animals or objects originated from a country, a state, an area, or a premises that is known or suspected to harbor animals or objects infected with or exposed to a disease or pest of animals.
        (5) Control or prohibit the public and private sale of animals and objects in order to prevent the spread of disease and pests of animals.
        (6) Control the use, sanitation, and disinfection of:
            (A) public stockyards; and
            (B) vehicles used to transport animals and objects into and within Indiana;
        to accomplish the objectives of this article.
        (7) Control the use, sanitation, and disinfection of premises, facilities, and equipment to accomplish the objectives of this article.
        (8) Control the movement of animals and objects to, from, and within premises where diseases or pests of animals may exist.
        (9) Control the movement and disposal of carcasses of animals and objects.
        (10) Control the manufacture, sale, storage, distribution, handling, and use of serums, vaccines, and other biologics and veterinary drugs, except those drugs for human consumption regulated under IC 16-42-19, to be used for the prevention, detection, control, and eradication of disease and pests of animals.


        (11) Control and prescribe the means, methods, and procedures for the vaccination or other treatment of animals and objects and the conduct of tests for diseases and pests of animals.
        (12) Develop, adopt, and implement plans and programs for the identification of animals, objects, premises, and means of conveyances. Plans and programs may include identification:
            (A) of animals or objects that have been condemned under this article; and
            (B) related to classification as to disease, testing, vaccination, or treatment status.
        (13) Establish the terms and method of appraisal or other determination of value of animals and objects condemned under this article, the payment of any indemnities that may be provided for the animals and objects, and the regulation of the sale or other disposition of the animals or objects.
        (14) Control the sale of baby chicks.
        (15) Cooperate and enter into agreements with the appropriate departments and agencies of this state, any other state, or the federal government to prevent, detect, control, and eradicate diseases and pests of animals.
        (16) Control or prohibit the movement and transportation into, out of, or within Indiana of wild animals, including birds, that might carry or disseminate diseases or pests of animals.
        (17) Provide for condemning or abating conditions that cause, aggravate, spread, or harbor diseases or pests of animals.
        (18) Establish and designate, in addition to the animal disease diagnostic laboratory under IC 21-46-3-1, other laboratories necessary to make tests of any nature for diseases and pests of animals.
        (19) Investigate, develop, and implement the best methods for the prevention, detection, control, suppression, or eradication of diseases and pests of animals.
        (20) Investigate, gather, and compile information concerning the organization, business conduct, practices, and management of any registrant, licensee, permittee, applicant for a license, or applicant for a permit.
        (21) Investigate allegations of unregistered, unlicensed, and unpermitted activities.
        (22) Institute legal action in the name of the state of Indiana necessary to enforce:
            (A) the board's orders and rules; and
            (B) this article.
        (23) Control the collection, transportation, and cooking of garbage to be fed to swine or other animals and all matters of sanitation relating to the collection, transportation, and cooking of garbage affecting the health of swine or other animals and affecting public health and comfort.
        (24) Adopt an appropriate seal.
        (25) Issue orders as an aid to enforcement of the powers granted by this article, IC 15-18-1, and IC 15-19-6.
        (26) Control disposal plants and byproducts collection services and all matters connected to disposal plants and byproducts collection services.
        (27) Abate biological or chemical substances that:
            (A) remain in or on any animal before or at the time of slaughter as a result of treatment or exposure; and
            (B) are found by the board to be or have the potential of being injurious to the health of animals or humans.
        (28) Regulate the production, manufacture, processing, and distribution of products derived from animals to control health hazards that may threaten:
            (A) animal health;
            (B) the public health and welfare of the citizens of Indiana; and
            (C) the trade in animals and animal products in and from Indiana.
        (29) Cooperate and coordinate with local, state, and federal emergency management agencies to plan and implement disaster emergency plans and programs as the plans and programs relate to animals in Indiana.
        (30) Assist law enforcement agencies investigating allegations of cruelty and neglect of animals.
        (31) Assist organizations that represent livestock and poultry producers with issues and programs related to the care of livestock and poultry.
        (32) Establish a registry of commercial dog brokers and commercial dog breeders in Indiana.
         (33) Establish a registry of persons convicted of crimes concerning:
            (A) an agricultural
operation (as defined in IC 32-30-6-1); and
            (B) livestock (as defined in IC 4-4-3.2-1).

SOURCE: IC 35-43-1-1; (13)IN1562.1.3. -->     SECTION 3. IC 35-43-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) A person who, by

means of fire, 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; or
        (5) a structure on an agricultural operation (as defined in IC 32-30-6-1);

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, 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, 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.

SOURCE: IC 35-43-1-2; (13)IN1562.1.4. -->     SECTION 4. IC 35-43-1-2, AS AMENDED BY P.L.216-2007, SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 contained data relating to a person required to register as a sex or violent offender under IC 11-8-8 and the person is not a sex or violent offender or was not required to register as a sex or violent offender;
                (iv) the property damaged was a locomotive, a railroad car, a train, or equipment of a railroad company being operated on a railroad right-of-way;
                (v) the property damaged was a part of any railroad signal system, train control system, centralized dispatching system, or highway railroad grade crossing warning signal on a railroad right-of-way owned, leased, or operated by a railroad company;
                (vi) the property damaged was any rail, switch, roadbed, viaduct, bridge, trestle, culvert, or embankment on a right-of-way owned, leased, or operated by a railroad company; or
                (vii) 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 property damaged contained data relating to a person required to register as a sex or violent offender under IC 11-8-8 and the person is a sex or violent offender or was required to register as a sex or violent offender;
                (v) the damage causes substantial interruption or impairment of work conducted in a scientific research facility;
                (vi) the damage is to a law enforcement animal (as defined in IC 35-46-3-4.5); or
                (vii) the damage causes substantial interruption or impairment of work conducted in a food processing facility; or
                (viii) the damage causes substantial interruption or impairment of work conducted at an agricultural operation (as defined in IC 32-30-6-1).

    (b) A person who recklessly, knowingly, or intentionally damages:
        (1) a structure used for religious worship;
        (2) a school or community center;
         (3) a structure used for an agricultural operation (as defined

in IC 32-30-6-1);
        (3) (4) the grounds:
            (A) adjacent to; and
            (B) owned or rented in common with;
        a structure or facility identified in subdivision (1), (2), or (2); (3); or
        (4) (5) personal property contained in a structure or located at a facility identified in subdivision (1), (2), or (2); (3);
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.

SOURCE: IC 35-43-2-1; (13)IN1562.1.5. -->     SECTION 5. IC 35-43-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. A person who breaks and enters the building or structure of another person, with intent to commit a felony in it, commits burglary, a Class C felony. However, the offense is:
        (1) a Class B felony if:
            (A) it is committed while armed with a deadly weapon; or
            (B) the building or structure is a:
                (i) dwelling; or
                (ii) structure used for religious worship; and or
                (iii) structure used for an agricultural operation (as defined in IC 32-30-6-1); and

        (2) a Class A felony if it results in:
            (A) bodily injury; or
            (B) serious bodily injury;
        to any person other than a defendant.
SOURCE: IC 35-43-2-2; (13)IN1562.1.6. -->     SECTION 6. IC 35-43-2-2, AS AMENDED BY P.L.88-2009, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) A person who:
        (1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
        (2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;
        (3) accompanies another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the vehicle;
        (4) knowingly or intentionally interferes with the possession or use of the property of another person without the person's consent;
        (5) not having a contractual interest in the property, knowingly or intentionally enters the dwelling of another person without the person's consent;
        (6) knowingly or intentionally:
            (A) travels by train without lawful authority or the railroad carrier's consent; and
            (B) rides on the outside of a train or inside a passenger car, locomotive, or freight car, including a boxcar, flatbed, or container without lawful authority or the railroad carrier's consent;
        (7) not having a contractual interest in the property, knowingly or intentionally enters or refuses to leave the property of another person after having been prohibited from entering or asked to leave the property by a law enforcement officer when the property is:
            (A) vacant or designated by a municipality or county enforcement authority to be abandoned property; and
            (B) subject to abatement under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or
        (8) knowingly or intentionally enters the property of another person after being denied entry by a court order that has been issued to the person or issued to the general public by conspicuous posting on or around the premises in areas where a

person can observe the order when the property:
            (A) has been designated by a municipality or county enforcement authority to be a vacant property or an abandoned property; and
            (B) is subject to an abatement order under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36;
commits criminal trespass, a Class A misdemeanor. However, the offense is a Class D felony if it is committed on a scientific research facility, on a key facility, on a facility belonging to a public utility (as defined in IC 32-24-1-5.9(a)), on school property, on an agricultural operation (as defined in IC 32-30-6-1), or on a school bus or the person has a prior unrelated conviction for an offense under this section concerning the same property.
    (b) A person has been denied entry under subdivision (a)(1) of this section when the person has been denied entry by means of:
        (1) personal communication, oral or written;
        (2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public; or
        (3) a hearing authority or court order under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36.
    (c) A law enforcement officer may not deny entry to property or ask a person to leave a property under subsection (a)(7) unless there is reasonable suspicion that criminal activity has occurred or is occurring.
    (d) A person described in subsection (a)(7) violates subsection (a)(7) unless the person has the written permission of the owner, owner's agent, enforcement authority, or court to come onto the property for purposes of performing maintenance, repair, or demolition.
    (e) A person described in subsection (a)(8) violates subsection (a)(8) unless the court that issued the order denying the person entry grants permission for the person to come onto the property.
    (f) Subsections (a), (b), and (e) do not apply to the following:
        (1) A passenger on a train.
        (2) An employee of a railroad carrier while engaged in the performance of official duties.
        (3) A law enforcement officer, firefighter, or emergency response personnel while engaged in the performance of official duties.
        (4) A person going on railroad property in an emergency to rescue a person or animal from harm's way or to remove an object that the person reasonably believes poses an imminent threat to life or limb.
        (5) A person on the station grounds or in the depot of a railroad

carrier:
            (A) as a passenger; or
            (B) for the purpose of transacting lawful business.
        (6) A:
            (A) person; or
            (B) person's:
                (i) family member;
                (ii) invitee;
                (iii) employee;
                (iv) agent; or
                (v) independent contractor;
        going on a railroad's right-of-way for the purpose of crossing at a private crossing site approved by the railroad carrier to obtain access to land that the person owns, leases, or operates.
        (7) A person having written permission from the railroad carrier to go on specified railroad property.
        (8) A representative of the Indiana department of transportation while engaged in the performance of official duties.
        (9) A representative of the federal Railroad Administration while engaged in the performance of official duties.
        (10) A representative of the National Transportation Safety Board while engaged in the performance of official duties.

SOURCE: IC 35-43-2-2.5; (13)IN1562.1.7. -->     SECTION 7. 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) A person who knowingly or intentionally:
        (1) enters real property:
            (A) that is owned by another person; and
            (B) on which an agricultural operation (as defined in IC 32-30-6-1) is 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 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 operations, a Class A misdemeanor.

SOURCE: IC 35-43-4-2; (13)IN1562.1.8. -->     SECTION 8. IC 35-43-4-2, AS AMENDED BY P.L.158-2009, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class D felony. However, the offense is a Class C felony if:
        (1) the fair market value of the property is at least one hundred thousand dollars ($100,000); or
        (2) the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1) and:
            (A) relates to transportation safety;
            (B) relates to public safety; or
            (C) is taken from a:
                (i) hospital or other health care facility;
                (ii) telecommunications provider;
                (iii) public utility (as defined in IC 32-24-1-5.9(a)); or
                (iv) key facility;
        and the absence of the property creates a substantial risk of bodily injury to a person; or
        (3) the property that is the subject of the theft is livestock (as defined in IC 4-4-3.2-1) or part of an agricultural operation (as defined in IC 32-30-6-1).

    (b) A person who knowingly or intentionally receives, retains, or disposes of the property of another person that has been the subject of theft commits receiving stolen property, a Class D felony. However, the offense is a Class C felony if:
        (1) the fair market value of the property is at least one hundred thousand dollars ($100,000); or
        (2) the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1) and:
            (A) relates to transportation safety;
            (B) relates to public safety; or
            (C) is taken from a:
                (i) hospital or other health care facility;
                (ii) telecommunications provider;
                (iii) public utility (as defined in IC 32-24-1-5.9(a)); or
                (iv) key facility;
        and the absence of the property creates a substantial risk of bodily injury to a person; or
        (3) the property that is the subject of the theft is livestock (as defined in IC 4-4-3.2-1) or part of an agricultural operation (as defined in IC 32-30-6-1).

SOURCE: IC 35-43-4-3; (13)IN1562.1.9. -->     SECTION 9. IC 35-43-4-3, AS AMENDED BY P.L.227-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion, a Class A misdemeanor.
    (b) The offense under subsection (a) is a Class D felony if committed by a person who exerts unauthorized control over:
         (1) the motor vehicle of another person with the intent to use the motor vehicle to assist the person in the commission of a crime; or
        (2) property:
            (A) that is part of an agricultural operation (as defined in IC 32-30-6-1); or
            (B) livestock (as defined in IC 4-4-3.2-1).

    (c) The offense under subsection (a) is a Class C felony if:
        (1) committed by a person who exerts unauthorized control over the motor vehicle of another person; and
        (2) the person uses the motor vehicle to assist the person in the commission of a felony.
    (d) The offense under subsection (a) is a Class D felony if:
        (1) the person acquires the property by lease;
        (2) the property is a motor vehicle;
        (3) the person signs a written agreement to return the property to a specified location within a specified time; and
        (4) the person fails to return the property:
            (A) within thirty (30) days after the specified time; or
            (B) within three (3) days after a written demand for return of the property is either:
                (i) personally served on the person; or
                (ii) sent by registered mail to the person's address that is provided by the person in the written agreement.
SOURCE: IC 35-45-2-6; (13)IN1562.1.10. -->     SECTION 10. IC 35-45-2-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) A person who recklessly, knowingly, or intentionally obstructs the lawful use of an agricultural operation (as defined by IC 32-30-6-1) through coercion, fear, or intimidation commits obstruction of an agricultural operation, a Class B

misdemeanor.
    (b) The offense described in subsection (a) is:
        (1) a Class A misdemeanor if the offense includes the use of a motor vehicle; and
        (2) a Class D felony if the offense results in serious bodily injury.