The House Courts & Criminal Code Committee heard Rep. D. Miller’s HB 1114 on interference with law enforcement. This bill provides that a person commits interfering with law enforcement, a Class B misdemeanor, if the person:
- obstructs or interferes with a law enforcement officer carrying out the officer’s official duties;
- resists, obstructs, or interferes with the service of process; or
- enters a crime scene or similar location that is marked off with barrier tape or other markers.
It also increases the penalty if the person uses a vehicle, draws or uses a deadly weapon, or causes injury or death to another person and provides that resisting or interfering with law enforcement is enhanced to a Level 6 felony if the person uses a vehicle to commit the offense. Under current law, the felony enhancement applies only if the person flees from law enforcement using a vehicle.
The author testified that this bill is the result of a meeting with the Elkhart County Prosecutor. The Elkhart County Prosecutor, Indiana Fraternal Order of Police, a police officer, and the Chief of the Elkhart City Police testified in favor of the bill. A constitutional attorney testified generally in favor, but stated a concern that it is unenforceable. The Indiana Public Defender Council testified against the bill.
The bill passed 10-0.
Read the bill here: http://iga.in.gov/legislative/2019/bills/house/1114