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SENATE BILL No. 148

Citations Affected: IC 35-33-1-1; IC 35-43.

Synopsis: Theft. Makes theft: (1) a Class A misdemeanor instead of a Class D felony if the fair market value of the property that is the subject of the theft is less than $750; (2) a Class D felony if the fair market value of the property is at least $750 but less than $100,000; and (3) a Class C felony if the fair market value of the property is at least $100,000 or if the property that is the subject of the theft is a certain kind of valuable metal. Provides that it is burglary, a Class C felony, for a person to break and enter a building or structure of another person with intent to commit theft as a Class A misdemeanor in the building or structure. Permits a law enforcement officer to arrest a person if the officer has probable cause to believe that the person has committed or attempted to commit theft as a Class A misdemeanor.

Effective: July 1, 2013.

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Kruse

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    January 7, 2013, read first time and referred to Committee on Corrections & Criminal Law.

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

SOURCE: IC 35-33-1-1; (13)IN0148.1.1. -->     SECTION 1. IC 35-33-1-1, AS AMENDED BY P.L.171-2011, SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) A law enforcement officer may arrest a person when the officer has:
        (1) a warrant commanding that the person be arrested;
        (2) probable cause to believe the person has committed or attempted to commit, or is committing or attempting to commit, a felony;
        (3) probable cause to believe the person has violated the provisions of IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, IC 9-26-1-4, or IC 9-30-5;
        (4) probable cause to believe the person is committing or attempting to commit a misdemeanor in the officer's presence;
        (5) probable cause to believe the person has committed: a;
            (A) battery resulting in bodily injury under IC 35-42-2-1; or
            (B) domestic battery under IC 35-42-2-1.3.
        The officer may use an affidavit executed by an individual alleged

to have direct knowledge of the incident alleging the elements of the offense of battery to establish probable cause;
        (6) probable cause to believe that the person violated IC 35-46-1-15.1 (invasion of privacy);
        (7) probable cause to believe that the person violated IC 35-47-2-1 (carrying a handgun without a license) or IC 35-47-2-22 (counterfeit handgun license);
        (8) probable cause to believe that the person is violating or has violated an order issued under IC 35-50-7;
        (9) probable cause to believe that the person is violating or has violated IC 35-47-6-1.1 (undisclosed transport of a dangerous device);
        (10) probable cause to believe that the person is:
            (A) violating or has violated IC 35-45-2-5 (interference with the reporting of a crime); and
            (B) interfering with or preventing the reporting of a crime involving domestic or family violence (as defined in IC 34-6-2-34.5);
        (11) a removal order issued for the person by an immigration court;
        (12) a detainer or notice of action for the person issued by the United States Department of Homeland Security; or
        (13) probable cause to believe that the person has been indicted for or convicted of one (1) or more aggravated felonies (as defined in 8 U.S.C. 1101(a)(43)); or
        (14) probable cause to believe that the person has committed or attempted to commit theft as a Class A misdemeanor (IC 35-43-4-2(a)).
    (b) A person who:
        (1) is employed full time as a federal enforcement officer;
        (2) is empowered to effect an arrest with or without warrant for a violation of the United States Code; and
        (3) is authorized to carry firearms in the performance of the person's duties;
may act as an officer for the arrest of offenders against the laws of this state where the person reasonably believes that a felony has been or is about to be committed or attempted in the person's presence.

SOURCE: IC 35-43-2-1; (13)IN0148.1.2. -->     SECTION 2. IC 35-43-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) A person who breaks and enters the building or structure of another person, with intent to commit: a
         (1) theft as a Class A misdemeanor (IC 35-43-4-2(a)); or

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        (2) any felony;
in it, the building or structure, commits burglary, a Class C felony. However,
     (b) The offense under subsection (a) 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
        (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 35-43-4-2; (13)IN0148.1.3. -->     SECTION 3. 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. Class A misdemeanor. However, the offense is a:
         (1) Class D felony if the fair market value of the property is at least seven hundred fifty dollars ($750) but less than one hundred thousand dollars ($100,000); and
        (2) Class C felony if:
            (1) (A) the fair market value of the property is at least one hundred thousand dollars ($100,000); or
            (2) (B) the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1) and:
                (A) (i) relates to transportation safety;
                (B) (ii) relates to public safety; or
                (C) (iii) 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.
    (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.