HB 1188 revises Indiana’s criminal statutes on resisting law enforcement and related public-safety offenses. The bill increases penalties when a person resists, flees from, or interferes with law enforcement, firefighters, or emergency medical services providers under aggravating circumstances, especially when a vehicle is used, a deadly weapon is involved, or bodily injury results. It also adds or clarifies felony levels for conduct that causes serious bodily injury, catastrophic injury, or death, and it creates separate offenses for each victim harmed by the conduct.
The bill also amends Indiana’s firearm-disqualification law for serious violent felons by updating the list of qualifying predicate offenses and confirming that a serious violent felon who knowingly or intentionally possesses a firearm commits a Level 4 felony. The effective date for the changes is July 1, 2025.
Impact
HB 1188 amends IC 35-44.1-3-1 and IC 35-47-4-5, increasing the criminal penalties associated with resisting law enforcement and expanding the consequences of vehicle-based resistance, repeat offenses, and harm to public-safety personnel. It authorizes mandatory minimum executed sentences in certain vehicle-related felony cases, allows possible driver’s license suspension or revocation in specified convictions, and permits consecutive sentencing for multiple victims. It also updates the serious violent felon statute to maintain firearm possession restrictions for persons with qualifying violent felony histories.
Sentiment
The bill appears to have broad support in the House, passing third reading 95-0, and it was reported favorably by the Senate committee, though with a narrower 7-1 vote. The overall tone of the available legislative history suggests support for tougher penalties on dangerous resistance to police and emergency responders. The fact that the Senate committee amended and reassigned the bill to Appropriations indicates some continued review, likely tied to sentencing or fiscal effects, but the measure was not presented as controversial in the recorded vote history.
Contention
The main points of contention appear to be the scope and severity of the enhanced penalties, particularly the use of vehicles, mandatory minimum sentences, and the expansion of felony levels for resisting law enforcement. Another notable issue is the treatment of school resource officers, because the bill bars prosecution for fleeing under subsection (a)(3) when the officer is acting in that capacity. The Senate committee also narrowed or adjusted some provisions through amendment, suggesting concern about overbreadth, penalty calibration, or fiscal impact, even though the bill still advanced.