2017 Indiana Code
TITLE 35. Criminal Law and Procedure
ARTICLE 50. SENTENCES
CHAPTER 2. Death Sentence and Sentences for Felonies and Habitual Offenders
35-50-2-11. Firearm used in commission of offense; firearm discharged or pointed at police officer during commission of offense; separate charge; additional sentence
Sec. 11. (a) As used in this section, "firearm" has the meaning set forth in IC 35-47-1-5.
(b) As used in this section, "offense" means:
(1) a felony under IC 35-42 that resulted in death or serious bodily injury;
(2) kidnapping; or
(3) criminal confinement as a Level 2 or Level 3 felony.
(c) As used in this section, "police officer" means any of the following:
(1) A state police officer.
(2) A county sheriff.
(3) A county police officer.
(4) A city police officer.
(5) A state educational institution police officer appointed under IC 21-39-4.
(6) A school corporation police officer appointed under IC 20-26-16.
(7) A police officer of a public or private postsecondary educational institution whose board of trustees has established a police department under IC 21-17-5-2 or IC 21-39-4-2.
(8) An enforcement officer of the alcohol and tobacco commission.
(9) A conservation officer.
(10) A gaming agent employed under IC 4-33-4.5 or a gaming control officer employed by the gaming control division under IC 4-33-20.
(d) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed an offense sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person knowingly or intentionally used a firearm in the commission of the offense.
(e) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed a felony or misdemeanor other than an offense (as defined under subsection (b)) sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person, while committing the felony or misdemeanor, knowingly or intentionally:
(1) pointed a firearm; or
(2) discharged a firearm;
at an individual whom the person knew, or reasonably should have known, was a police officer.
(f) If the person was convicted of:
(1) the offense under subsection (d); or
(2) the felony or misdemeanor under subsection (e);
in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.
(g) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person knowingly or intentionally used a firearm in the commission of the offense under subsection (d), the court may sentence the person to an additional fixed term of imprisonment of between five (5) years and twenty (20) years.
(h) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person, while committing a felony or misdemeanor under subsection (e), knowingly or intentionally:
(1) pointed a firearm; or
(2) discharged a firearm;
at an individual whom the person knew, or reasonably should have known, was a police officer, the court may sentence the person to an additional fixed term of imprisonment of between five (5) and twenty (20) years.
(i) A person may not be sentenced under subsections (g) and (h) for offenses, felonies, and misdemeanors comprising a single episode of criminal conduct.
As added by P.L.140-1994, SEC.15. Amended by P.L.203-1996, SEC.9; P.L.71-2005, SEC.13; P.L.158-2013, SEC.665; P.L.152-2014, SEC.10; P.L.238-2015, SEC.18; P.L.157-2016, SEC.1.
