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Bill Summary
Location Bill  Title  Date  Category
Indiana  IN SB 373  Unlawful videotaping of agricultural facilites  1/8/2013  Dead
Summary
Bill Text

 


 

 

 

 

 

 

 

April 2, 2013



 



ENGROSSED

SENATE BILL No. 373

_____


DIGEST OF SB 373 (Updated March 28, 2013 10:08 am - DI 118)



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 misdemeanor, 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; and (2) without the written consent of the owner of the real property or an authorized representative of the owner, take a photograph of or make a video recording or motion picture of the real property, structures located on

(Continued next page)

Effective: July 1, 2013.

 





Holdman , Steele
(HOUSE SPONSORS _ FRIEND, LEHE)



 

    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, re-read second time, amended, ordered engrossed.
    February 26, 2013, engrossed. Read third time, passed. Yeas 30, nays 20.

HOUSE ACTION

    March 12, 2013, read first time and referred to Committee on Agriculture and Rural Development.
    April 1, 2013, amended, reported _ Do Pass; recommitted to Committee on Judiciary.

 



 



Digest Continued

the real property, or the agricultural operations or industrial operations being conducted on the real property. Makes it criminal trespass, a Class A misdemeanor, for a person to knowingly or intentionally: (1) enter real property that is owned by another person without the other person's consent: and (2) with intent to defame, take a photograph of or make a video recording or motion picture of the real property while on the real property. Establishes a defense if the person: (1) has a good faith belief that the person was recording evidence of illegal activity; and (2) provides the recording to a law enforcement or regulatory agency within 48 hours. 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. Makes it employment application fraud, a Class A misdemeanor, for a person to, with intent to defame or directly or indirectly harm the business relationship between a prospective employer and its customers, knowingly or intentionally: (1) submit an application to a prospective employer to secure employment; and make a false statement or conceal a material fact in the application in order to secure employment.



April 2, 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.
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.

 

 


ENGROSSED

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)ES0373.1.1. -->     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)ES0373.1.2. -->     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)ES0373.1.3. -->     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.
        (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; and
        (2) without the written consent of the owner of the real property or an authorized representative of the owner, 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;
commits unlawful recording of agricultural or industrial operations, a Class A misdemeanor.
    (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; and
        (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.

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.
SOURCE: IC 35-43-2-2; (13)ES0373.1.4. -->     SECTION 4. 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; or
         (9) knowingly or intentionally:
            (A) enters real property that is owned by another person without the other person's consent; and
            (B) with intent to defame, takes a digital or an analog photograph or makes a digital or an analog video recording or motion picture while on the real property;

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, 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 35-43-5-21; (13)ES0373.1.5. -->     SECTION 5. IC 35-43-5-21 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 21. A person who, with intent to defame or directly or indirectly harm the business relationship between a prospective employer and the customers of the prospective employer,

knowingly or intentionally:
        (1) submits an application to a prospective employer to secure employment with the prospective employer; and
        (2) makes a false statement or conceals a material fact in the application in order to secure employment with the prospective employer;
commits employment application fraud, a Class A misdemeanor.

 

 

 

 


Details
Category   Date   Detail  
  Status 5/24/2013  Died at adjournment on 4/29/13 
 


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