A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
HB 1091 is a technical correction bill that amends Indiana’s resisting law enforcement statute, IC 35-44.1-3-1, to reconcile conflicting changes enacted in two 2025 laws. The bill restates and clarifies the offense of resisting law enforcement, including forcible resistance, interference with court process, fleeing after an officer’s visible or audible stop command, and entering a secured area after being denied entry by emergency personnel or law enforcement. It also preserves the separate offense of interfering with public safety for entering a taped-off or otherwise barricaded area after denial of entry.
The bill also revises the felony grading structure for these offenses, especially when a vehicle is used or when the conduct causes injury or death. It sets out different felony levels for use of a deadly weapon, moderate or serious bodily injury, substantial risk of bodily injury, catastrophic injury, and death, and it adds enhanced penalties and minimum executed sentences for vehicle-related offenses. It further authorizes possible driver’s license suspension or revocation for certain convictions, bars prosecution for fleeing from a school resource officer acting in that capacity, and allows separate charges and consecutive sentences for multiple victims.
HB 1091 would amend Indiana criminal law by correcting and harmonizing the resisting law enforcement statute after overlapping 2025 enactments. The bill affects defendants charged under IC 35-44.1-3-1, law enforcement officers, firefighters, emergency medical services providers, courts, and the Bureau of Motor Vehicles. It increases or clarifies penalties for vehicle-based resistance and for offenses causing bodily injury, serious injury, catastrophic injury, or death, while also creating a limited defense for certain family-member-related entries into secured areas.
The available record shows no committee transcript, vote tally, or recorded opposition, so there is no direct evidence of debate or partisan sentiment. Based on the bill text, the measure appears largely procedural and corrective, aimed at resolving statutory conflicts and clarifying penalties rather than creating a wholly new policy. The overall tone is therefore best characterized as neutral to supportive, with the bill framed as a cleanup of existing criminal code provisions.
The main substantive issues are the severity of the penalty enhancements and the scope of conduct treated as resisting law enforcement, especially when a vehicle is involved. Potential points of contention include the expanded felony levels, mandatory minimum executed sentences that cannot be suspended, and the ability to suspend or revoke driving privileges. Another notable carve-out is the prohibition on charging someone for fleeing from a school resource officer acting in that role, which may draw attention from school safety and law enforcement stakeholders. The family-member defense for entering a barricaded area may also be viewed as a narrow exception that balances public safety with emergency family concerns.