DISARMING LAW ENFORCEMENT OFFICER
IC 35-41-1-5.5; 35-50-6 (P.L. 64, 1, 2)
A person who:
knowingly or intentionally
takes or attempts to take
firearm, or authorized weapon
(likely includes taser, nightstick, mace)
from officer or proximity of officer
without consent of officer, and
while officer engaged in official duties
commits NEW CRIME of Disarming a Law Enforcement Officer, a Class C Felony. Class B Felony if serious bodily injury to Officer. Class A Felony if serious bodily injury to Officer caused by firearm taken. Minimum sentence is nonsuspendable under IC 35-50-2-2.
LEAVING SCENE OF ACCIDENT
IC 35-26-1; IC 9-30-5-3 (P.L. 126)
A driver involved in an accident that causes injury or entrapment
shall stop, give name and address, provide ID upon request, and shall determine need for medical assistance and removal of "entrapped person."
"Ted Kennedy Statute"
Violation is a Class A Misdemeanor. Class D Felony if accident involves
serious bodily injury. Class C Felony if accident involves death, or if the driver has a
prior conviction for OWI SBI or OWI Death. Class B Felony if OWI and causes serious
bodily injury.
If driver is incapable of determining need or rendering assistance:
the duty falls upon the passenger,
if over 18, or a licensed driver, or with learners permit.
Violation is a Class C Misdemeanor.
FAILURE TO REPORT DEAD BODY
IC 35-45-19 (P.L. 68)
A person who:
discovers body dead from violence, accident, under suspicious
circumstances, etc.
knowingly or intentionally fails to report
within 3 hours
to police, fireman, EMT, coroner, physician, 9-1-1.
Class A Misdemeanor
CREDIT RESTRICTED FELON
IC 35-41-1-5.5; 35-50-6 (P.L. 80, 1 to 6)
(Applies only to those convicted after June 30, 2008)
Credit Class I = credit a day for every 1 day served (serve actual 50%)
Credit Class II = credit a day for every 2 days served (serve actual 67%)
Credit Class III = no credit (serve actual 100%)
Credit Class IV = credit a day for every 6 days served (serve actual 85%)
Class IV newly created.
Applies only to inmate convicted of Child Molesting, and
Defendant over 21, child less than 12 years old, or
results in serious bodily injury to child.
May also apply to Murder, if victim was victim of sex crime, or was a witness.
SALVAGE DEALERS
IC 24-4-16 (P.L. 63)
Architectural Salvage Materials include any item originally installed on or in a
dwelling, building or other structure, and later removed. (fixtures, trim, siding, plumbing, windows, etc.)
Dealer may not accept if:
seller under 18, or
reasonably should know property is stolen.
Dealer must keep records for 2 years showing adequate description of property,
date and time of transaction, Government ID info and signature of seller. Records may be inspected by law enforcement. Material must be held for 5 days upon request of law enforcement.
JUVENILE LAW
IC 31-30-1-2; IC 31-30-1-4 (P.L. 67)
Juvenile Court now has jurisdiction over all traffic and OWI, even if 16 or 17
years old. Juvenile Court now has jurisdiction over misdemeanor handgun crimes. "Once waived always waived" rule applies only if new crime a felony.
POLICE EMPLOYMENT POLICIES
IC 36-8-4 (P.L. 65)
City/Town police and firefighters must reside within county or contiguous county.
If city/town less than 7,500 population, city may by ordinance require residence
within county. (However, cannot enforce on officers living outside county when
ordinance passed)
City/Town police and firefighters cannot use city/town vehicles outside county
unless: during the performance of official duties, or as provided for by department regulation
* This is a summary and should not be relied upon. Please refer to text of statute. All statutes are effective July 1, 2007 unless otherwise indicated.
This is a publication of the Clark County Prosecuting Attorney, covering various topics of interest to police and prosecutors. It is directed solely toward issues of evidence, criminal law and procedure. Please consult your city, town or county attorney for legal advice relating to civil liability.
