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SB 198 - Increases Penalties for Attendees of "Riots" or "Unlawful Assemblies" - Indiana Key Vote

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Title: Increases Penalties for Attendees of "Riots" or "Unlawful Assemblies"

Vote Smart's Synopsis:

Vote to pass a bill that increases penalties for attendees of "riots" or "unlawful assemblies" and those who aid and abet them.

Highlights:

 

  • Defines "unit" means a county, city, or town (Sec. 3-2).

  • Requires the attorney general to certify to the appropriate prosecuting attorney the following information if a “Riot” occurs (Sec. 1.1.b):

    • The identity of any person who may be involved in the criminal activity; and

    • The criminal statute that the attorney general believes has been violated.

  • Specifies if an unlawful assembly within a unit is the proximate cause of the theft, damage, or destruction of real or personal property located within the unit, the injured party may recover actual damages for the loss in a civil action against the unit if the injured party establishes that the unit recklessly failed to prevent the theft, damage, or destruction of real or personal property by failing to exercise reasonable diligence to prevent or suppress the unlawful assembly (Sec. 3-4).

  • Specifies a county is not liable under this chapter for theft, damage, or destruction of property located within a municipality that (Sec. 3-6):

    • Is located within the county; and

    • Has a municipal police department.

  • Authorizes seizure of the following items including, but not limited to (Sec. 4.a):

    • Real or personal property, including a vehicle, that is used by a person to:

      • Commit, attempt to commit, or conspire to commit;

      • Facilitate the commission of; or

      • Escape from the commission of a violation

    • Real or personal property that is used by a person to finance or facilitate the financing of a crime committed by a person while the person is part of an unlawful assembly.

    • Equipment and recordings used by a person to commit fraud

  • Classifies the following as considerations when setting bail guidelines (Sec. 7.d):

    • The distance the person traveled to commit the offense in Indiana; and

    • The damage or harm caused by the offense; warrants the imposition of a bail amount that exceeds court or county guidelines, if applicable.

  • Exempts the following from being used as a defense if the accused person is alleged to have conspired (Sec. 8-2.c):

    • Has not been prosecuted;

    • Has not been convicted;

    • Has been acquitted;

    • Has been convicted of a different crime;

    • Cannot be prosecuted for any reason; or

    • Lacked the capacity to commit the crime.

  • Classifies the following offenses for obstructing traffic (Sec. 9.b):

    • A Class A misdemeanor if the offense includes the use of a motor vehicle;

    • A Level 6 felony if the offense results in serious bodily injury; and

    • A Level 5 felony if the offense results in catastrophic bodily injury or death.

  • Establishes “curfews” are determined by the (Sec. 11.a):

    • Governor; or

    • A principal executive officer of a political subdivision.

Title: Increases Penalties for Attendees of "Riots" or "Unlawful Assemblies"

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