Reprinted

February 26, 2013





SENATE BILL No. 373

_____


DIGEST OF SB 373 (Updated February 25, 2013 3:34 pm - DI 106)



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

Synopsis: Agricultural and industrial operations. Makes it unlawful recording of agricultural or industrial operations, a Class A infraction, for a person, with intent to defame or to directly or indirectly harm the business relationship between an agricultural or industrial operation and its customers, to: (1) enter real property that is owned by another person and on which agricultural operations or industrial operations are being conducted; (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; and (3) distribute the photograph or recording; without the written consent of the owner of the real property or an authorized representative of the owner. Increases the penalty to a Class B misdemeanor if the offense is committed knowingly or intentionally and the person has a prior unrelated judgment or conviction. Establishes a defense if the person: (1) has a good faith belief that the person was recording evidence of illegal activity; (2) provides the recording to a law enforcement or regulatory agency within 48 hours; and (3) does not distribute the recording to anyone other than a law enforcement or regulatory agency. Provides that an employer who retaliates against an employee who makes a good faith report concerning illegal activities may be liable under certain whistleblower protection statutes.

Effective: July 1, 2013.





Holdman , Steele




    January 8, 2013, read first time and referred to Committee on Corrections & Criminal Law.
    February 14, 2013, amended, reported favorably _ Do Pass.
    February 19, 2013, read second time, amended, ordered engrossed.
    February 20, 2013, engrossed.
    February 21, 2013, returned to second reading.
    February 25, 2013, reread second time, amended, ordered engrossed.





Reprinted

February 26, 2013

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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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)SB0373.3.1. -->     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)SB0373.3.2. -->     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)SB0373.3.3. -->     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.
        (3) An employee of an agricultural or industrial operation who is acting within the scope of the employee's employment.
    (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, with intent to defame or directly or indirectly harm the business relationship between an agricultural operation and its customers or an industrial operation and its customers, 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;
        (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; and
        (3) distributes, disseminates, or transfers the image, photograph, video recording, or motion picture;
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 infraction. However, the offense is a Class B misdemeanor if it is committed knowingly or intentionally and the person has a prior unrelated judgment or conviction for a violation of this section.
    (e) It is a defense to an action or prosecution under this section that the person:
        (1) had a good faith belief that the person was photographing, recording, or filming evidence of illegal activity;
        (2) provided the photograph, recording, or motion picture to:
            (A) a law enforcement agency; or
            (B) an agency with regulatory oversight of the industrial or agricultural operation;
        not later than forty-eight (48) hours after the person left the property or premises of the agricultural or industrial operation; and
        (3) did not distribute or disseminate the photograph, recording, or motion picture to a person that is not a law enforcement officer or an agency with regulatory oversight of the industrial or agricultural operation.

An employer who retaliates against an employee for making a good faith report concerning illegal activities may be subject to liability under IC 22-8-1.1-38.1 (IOSHA whistleblower protection), IC 5-11-5.5 (state false claims and whistleblower protection), or another state or federal whistleblower protection statute, rule, or regulation.