First Regular Session of the 121st General Assembly (2019) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2018 Regular and Special Session of the General Assembly. HOUSE ENROLLED ACT No. 1284 AN ACT to amend the Indiana Code concerning civil procedure. Be it enacted by the General Assembly of the State of Indiana: SECTION 1. IC 3-7-18-2, AS AMENDED BY P.L.128-2015, SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 2. (a) Except as provided in subsection (b) and as provided in 52 U.S.C. 20506(a)(4)(A)(i) and 52 U.S.C. 20506(a)(6)(A), an agency designated under IC 3-7-19 (board of registration offices), IC 3-7-20.5 (unemployment compensation offices and law enforcement offices), and IC 3-7-21 (additional designated voter registration offices) shall distribute a voter registration form prescribed under this chapter to each person applying for assistance from the agency whenever the applicant: (1) applies for service or assistance; (2) applies for recertification or renewal of services or assistance; or (3) submits a change of address form relating to the service or assistance; unless the applicant declines in writing to register to vote. (b) A law enforcement agency is not required to distribute the voter registration form described under subsection (a) unless a person is applying for a license to carry a handgun under IC 35-47-2-3. SECTION 2. IC 3-7-20.5-1, AS AMENDED BY P.L.128-2015, SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE HEA 1284 — CC 1 2 JULY 1, 2019]: Sec. 1. Each office of the department of employment and training services that provides assistance or services concerning unemployment compensation following locations is designated as a voter registration office under 52 U.S.C. 20506: (1) Each office of the department of employment and training services that provides assistance or services concerning unemployment compensation. (2) Each office affiliated with the Indiana state police. (3) Each office affiliated with the sheriff of a county. (4) Each office affiliated with a municipal law enforcement agency. SECTION 3. IC 3-7-20.5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 3. For purposes of this chapter, the executive director of the department of employment and training services is the following persons shall act as a "governing body" under IC 3-7-18: (1) The executive director of the department of employment and training services. (2) The superintendent of state police. (3) The sheriff of a county. (4) The chief of police or comparable law enforcement officer for a municipal law enforcement agency. SECTION 4. IC 21-17-5-6, AS AMENDED BY P.L.17-2017, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 6. Whenever a police officer retires after at least twenty (20) years of service, the police officer may retain the officer's service weapon. The officer is entitled to receive, in recognition of the service to the educational institution and the public, a badge that indicates that the officer is retired. Upon retirement, the state police department shall issue to the police officer an identification card that: (1) states the police officer's name and rank at retirement; (2) states the officer's retired status; and (3) notes the officer's authority to retain the service weapon. A retired police officer described in this section is entitled to a lifetime license to carry a handgun as described under IC 35-47-2-3(e). IC 35-47-2-3(f). SECTION 5. IC 21-39-4-7, AS AMENDED BY P.L.17-2017, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 7. Whenever a police officer retires after at least twenty (20) years of service, the police officer may retain the officer's service weapon. The officer is entitled to receive, in recognition of the service to the state educational institution and the public, a badge that HEA 1284 — CC 1 3 indicates that the officer is retired. Upon retirement, the state police department shall issue to the police officer an identification card that: (1) states the police officer's name and rank at retirement; (2) states the officer's retired status; and (3) notes the officer's authority to retain the service weapon. A police officer described in this section is entitled to a lifetime license to carry a handgun as described under IC 35-47-2-3(e). IC 35-47-2-3(f). SECTION 6. IC 34-30-31 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Chapter 31. Immunity for Justified Use of Force Sec. 1. (a) As used in this section, "forcible felony" means: (1) any offense described under IC 35-31.5-2-138; (2) residential entry (as defined under IC 35-43-2-1.5); or (3) burglary (as defined under IC 35-43-2-1). (b) The justified use of force described under IC 35-41-3-2 provides a complete immunity against any claim or action initiated by a person: (1) who alleges to have been injured or damaged by any such use of force; and (2) whose conduct justified the use of force. (c) In no case shall any use of force justified under IC 35-41-3-2 give rise to any claim or action for damages or compensation against a person, employer, or estate of a person using such force by or on behalf of any person who: (1) was attempting to commit or committing a forcible felony at the time such force was used; or (2) was attempting to cause or causing unlawful serious bodily injury to any other person at the time such force was used. This prohibition shall apply to any claim or action brought by the estate, personal representative, spouse, or family member of a person described in subdivision (1) or (2). (d) If a defendant files a motion under Trial Rule 56 of the Indiana Rules of Trial Procedure and supports that motion with admissible evidence that establishes a prima facie basis for the application of the immunity described in subsection (b) or (c), the burden shall shift to the plaintiff to oppose the motion with admissible evidence directly contradicting the application of the immunity in order to establish a genuine issue of material fact for trial. (e) In a civil case in which an immunity defense under HEA 1284 — CC 1 4 subsection (b) or (c) is raised, the fact that a defendant was not prosecuted for a crime related to the defendant's use of force shall create a rebuttable presumption that the defendant's use of force was justified under IC 35-41-3-2 and the jury shall be instructed on this presumption if the case proceeds to trial. In a summary judgment proceeding described in subsection (d), the fact that a defendant was not prosecuted for a crime related to the defendant's use of force shall also create a prima facie basis for the application of the immunity described in subsection (b) or (c). (f) In any action commenced after June 30, 2019, in which the defense described in subsection (c) is raised by a defendant, at the conclusion of the action the court shall award to the defendant or defendants, as applicable, any reasonable attorney's fees and costs incurred in defending the action if a defendant successfully moves for summary judgment on the basis of the defense set forth in subsection (c) or the trier of fact determines that the action was prohibited by subsection (c). SECTION 7. IC 35-41-3-2, AS AMENDED BY P.L.13-2013, SECTION 139, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) In enacting this section, the general assembly finds and declares that it is the policy of this state to recognize the unique character of a citizen's home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individual or a public servant. By reaffirming the long standing right of a citizen to protect his or her home against unlawful intrusion, however, the general assembly does not intend to diminish in any way the other robust self defense rights that citizens of this state have always enjoyed. Accordingly, the general assembly also finds and declares that it is the policy of this state that people have a right to defend themselves and third parties from physical harm and crime. The purpose of this section is to provide the citizens of this state with a lawful means of carrying out this policy. Provisions concerning civil immunity for the justified use of force as defined in this section are codified under IC 34-30-31. (b) As used in this section, "public servant" means a person described in IC 35-31.5-2-129 or IC 35-31.5-2-185. (c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person: (1) is justified in using deadly force; and (2) does not have a duty to retreat; HEA 1284 — CC 1 5 if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person, employer, or estate of a person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary. (d) A person: (1) is justified in using reasonable force, including deadly force, against any other person; and (2) does not have a duty to retreat; if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle. (e) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against any other person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. However, a person: (1) is justified in using deadly force; and (2) does not have a duty to retreat; only if that force is justified under subsection (c). (f) A person is justified in using reasonable force, including deadly force, against any other person and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent or stop the other person from hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight. For purposes of this subsection, an aircraft is considered to be in flight while the aircraft is: (1) on the ground in Indiana: (A) after the doors of the aircraft are closed for takeoff; and (B) until the aircraft takes off; (2) in the airspace above Indiana; or (3) on the ground in Indiana: (A) after the aircraft lands; and (B) before the doors of the aircraft are opened after landing. (g) Notwithstanding subsections (c) through (e), a person is not justified in using force if: (1) the person is committing or is escaping after the commission of a crime; (2) the person provokes unlawful action by another person with HEA 1284 — CC 1 6 intent to cause bodily injury to the other person; or (3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action. (h) Notwithstanding subsection (f), a person is not justified in using force if the person: (1) is committing, or is escaping after the commission of, a crime; (2) provokes unlawful action by another person, with intent to cause bodily injury to the other person; or (3) continues to combat another person after the other person withdraws from the encounter and communicates the other person's intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight. (i) A person is justified in using reasonable force against a public servant if the person reasonably believes the force is necessary to: (1) protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force; (2) prevent or terminate the public servant's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle; or (3) prevent or terminate the public servant's unlawful trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. (j) Notwithstanding subsection (i), a person is not justified in using force against a public servant if: (1) the person is committing or is escaping after the commission of a crime; (2) the person provokes action by the public servant with intent to cause bodily injury to the public servant; (3) the person has entered into combat with the public servant or is the initial aggressor, unless the person withdraws from the encounter and communicates to the public servant the intent to do so and the public servant nevertheless continues or threatens to continue unlawful action; or (4) the person reasonably believes the public servant is: (A) acting lawfully; or (B) engaged in the lawful execution of the public servant's HEA 1284 — CC 1 7 official duties. (k) A person is not justified in using deadly force against a public servant whom the person knows or reasonably should know is a public servant unless: (1) the person reasonably believes that the public servant is: (A) acting unlawfully; or (B) not engaged in the execution of the public servant's official duties; and (2) the force is reasonably necessary to prevent serious bodily injury to the person or a third person. SECTION 8. IC 35-47-2-3, AS AMENDED BY P.L.86-2018, SECTION 335, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 3. (a) A person desiring a license to carry a handgun shall apply: (1) to the chief of police or corresponding law enforcement officer of the municipality in which the applicant resides; (2) if that municipality has no such officer, or if the applicant does not reside in a municipality, to the sheriff of the county in which the applicant resides after the applicant has obtained an application form prescribed by the superintendent; or (3) if the applicant is a resident of another state and has a regular place of business or employment in Indiana, to the sheriff of the county in which the applicant has a regular place of business or employment. The superintendent and local law enforcement agencies shall allow an applicant desiring to obtain or renew a license to carry a handgun to submit an application electronically under this chapter if funds are available to establish and maintain an electronic application system. (b) This subsection applies before July 1, 2020. The law enforcement agency which accepts an application for a handgun license shall collect the following application fees: (1) From a person applying for a four (4) year handgun license, a ten dollar ($10) application fee, five dollars ($5) of which shall be refunded if the license is not issued. (2) From a person applying for a lifetime handgun license who does not currently possess a valid Indiana handgun license, a fifty dollar ($50) application fee, thirty dollars ($30) of which shall be refunded if the license is not issued. (3) From a person applying for a lifetime handgun license who currently possesses a valid Indiana handgun license, a forty dollar ($40) application fee, thirty dollars ($30) of which shall be refunded if the license is not issued. HEA 1284 — CC 1 8 Except as provided in subsection (h), (i), the fee shall be deposited into the law enforcement agency's firearms training fund or other appropriate training activities fund and used by the agency to train law enforcement officers in the proper use of firearms or in other law enforcement duties, or to purchase firearms, firearm related equipment, or body armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers employed by the law enforcement agency. The state board of accounts shall establish rules for the proper accounting and expenditure of funds collected under this subsection. (c) This subsection applies after June 30, 2020. The law enforcement agency which accepts an application for a handgun license shall not collect a fee from a person applying for a five (5) year handgun license and shall collect the following application fees: (1) From a person applying for a lifetime handgun license who does not currently possess a valid Indiana handgun license, a fifty dollar ($50) application fee, thirty dollars ($30) of which shall be refunded if the license is not issued. (2) From a person applying for a lifetime handgun license who currently possesses a valid Indiana handgun license, a forty dollar ($40) application fee, thirty dollars ($30) of which shall be refunded if the license is not issued. Except as provided in subsection (i), the fee shall be deposited into the law enforcement agency's firearms training fund or other appropriate training activities fund and used by the agency to train law enforcement officers in the proper use of firearms or in other law enforcement duties, or to purchase firearms, firearm related equipment, or body armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers employed by the law enforcement agency. The state board of accounts shall establish rules for the proper accounting and expenditure of funds collected under this subsection. (c) (d) The officer to whom the application is made shall ascertain the applicant's name, full address, length of residence in the community, whether the applicant's residence is located within the limits of any city or town, the applicant's occupation, place of business or employment, criminal record, if any, and convictions (minor traffic offenses excepted), age, race, sex, nationality, date of birth, citizenship, height, weight, build, color of hair, color of eyes, scars and marks, whether the applicant has previously held an Indiana license to carry a handgun and, if so, the serial number of the license and year issued, whether the applicant's license has ever been suspended or revoked, HEA 1284 — CC 1 9 and if so, the year and reason for the suspension or revocation, and the applicant's reason for desiring a license. If the applicant is not a United States citizen, the officer to whom the application is made shall ascertain the applicant's country of citizenship, place of birth, and any alien or admission number issued by the United States Citizenship and Immigration Services or United States Customs and Border Protection or any successor agency as applicable. The officer to whom the application is made shall conduct an investigation into the applicant's official records and verify thereby the applicant's character and reputation, and shall in addition verify for accuracy the information contained in the application, and shall forward this information together with the officer's recommendation for approval or disapproval and one (1) set of legible and classifiable fingerprints of the applicant to the superintendent. An investigation conducted under this section must include the consulting of available local, state, and federal criminal history data banks, including the National Instant Criminal Background Check System (NICS), to determine whether possession of a firearm by an applicant would be a violation of state or federal law. (d) (e) The superintendent may make whatever further investigation the superintendent deems necessary. Whenever disapproval is recommended, the officer to whom the application is made shall provide the superintendent and the applicant with the officer's complete and specific reasons, in writing, for the recommendation of disapproval. (e) (f) If it appears to the superintendent that the applicant: (1) has a proper reason for carrying a handgun; (2) is of good character and reputation; (3) is a proper person to be licensed; and (4) is: (A) a citizen of the United States; or (B) not a citizen of the United States but is allowed to carry a firearm in the United States under federal law; the superintendent shall issue to the applicant a qualified or an unlimited license to carry any handgun lawfully possessed by the applicant. The original license shall be delivered to the licensee. A copy shall be delivered to the officer to whom the application for license was made. A copy shall be retained by the superintendent for at least four (4) five (5) years in the case of a four (4) five (5) year license. The superintendent may adopt guidelines to establish a records retention policy for a lifetime license. A four (4) five (5) year license shall be valid for a period of four (4) five (5) years from the date of HEA 1284 — CC 1 10 issue. A lifetime license is valid for the life of the individual receiving the license. The license of police officers, sheriffs or their deputies, and law enforcement officers of the United States government who have twenty (20) or more years of service shall be valid for the life of these individuals. However, a lifetime license is automatically revoked if the license holder does not remain a proper person. (f) (g) At the time a license is issued and delivered to a licensee under subsection (e), (f), the superintendent shall include with the license information concerning handgun safety rules that: (1) neither opposes nor supports an individual's right to bear arms; and (2) is: (A) recommended by a nonprofit educational organization that is dedicated to providing education on safe handling and use of firearms; (B) prepared by the state police department; and (C) approved by the superintendent. The superintendent may not deny a license under this section because the information required under this subsection is unavailable at the time the superintendent would otherwise issue a license. The state police department may accept private donations or grants to defray the cost of printing and mailing the information required under this subsection. (g) (h) A license to carry a handgun shall not be issued to any person who: (1) has been convicted of a felony; (2) has had a license to carry a handgun suspended, unless the person's license has been reinstated; (3) is under eighteen (18) years of age; (4) is under twenty-three (23) years of age if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult; or (5) has been arrested for a Class A or Class B felony for an offense committed before July 1, 2014, for a Level 1, Level 2, Level 3, or Level 4 felony for an offense committed after June 30, 2014, or any other felony that was committed while armed with a deadly weapon or that involved the use of violence, if a court has found probable cause to believe that the person committed the offense charged; or (6) is prohibited by federal law from possessing or receiving firearms under 18 U.S.C. 922(g). In the case of an arrest under subdivision (5), a license to carry a HEA 1284 — CC 1 11 handgun may be issued to a person who has been acquitted of the specific offense charged or if the charges for the specific offense are dismissed. The superintendent shall prescribe all forms to be used in connection with the administration of this chapter. (h) (i) If the law enforcement agency that charges a fee under subsection (b) or (c) is a city or town law enforcement agency, the fee shall be deposited in the law enforcement continuing education fund established under IC 5-2-8-2. (i) (j) If a person who holds a valid license to carry a handgun issued under this chapter: (1) changes the person's name; (2) changes the person's address; or (3) experiences a change, including an arrest or a conviction, that may affect the person's status as a proper person (as defined in IC 35-47-1-7) or otherwise disqualify the person from holding a license; the person shall, not later than thirty (30) days after the date of a change described under subdivision (3), and not later than sixty (60) days after the date of the change described under subdivision (1) or (2), notify the superintendent, in writing, of the event described under subdivision (3) or, in the case of a change under subdivision (1) or (2), the person's new name or new address. (j) (k) The state police shall indicate on the form for a license to carry a handgun the notification requirements of subsection (i). (j). (k) (l) The state police department shall adopt rules under IC 4-22-2 to: (1) implement an electronic application system under subsection (a); and (2) expedite the processing of an application made by a person described in section 2.1(b) of this chapter. Rules adopted under this section must require the superintendent to keep on file one (1) set of classifiable and legible fingerprints from every person who has received a license to carry a handgun so that a person who applies to renew a license will not be required to submit an additional set of fingerprints. (l) (m) Except as provided in subsection (m), (n), for purposes of IC 5-14-3-4(a)(1), the following information is confidential, may not be published, and is not open to public inspection: (1) Information submitted by a person under this section to: (A) obtain; or (B) renew; a license to carry a handgun. HEA 1284 — CC 1 12 (2) Information obtained by a federal, state, or local government entity in the course of an investigation concerning a person who applies to: (A) obtain; or (B) renew; a license to carry a handgun issued under this chapter. (3) The name, address, and any other information that may be used to identify a person who holds a license to carry a handgun issued under this chapter. (m) (n) Notwithstanding subsection (l): (m): (1) any information concerning an applicant for or a person who holds a license to carry a handgun issued under this chapter may be released to a federal, state, or local government entity: (A) for law enforcement purposes; or (B) to determine the validity of a license to carry a handgun; and (2) general information concerning the issuance of licenses to carry handguns in Indiana may be released to a person conducting journalistic or academic research, but only if all personal information that could disclose the identity of any person who holds a license to carry a handgun issued under this chapter has been removed from the general information. (n) (o) A person who knowingly or intentionally violates this section commits a Class B misdemeanor. SECTION 9. IC 35-47-2-4, AS AMENDED BY P.L.17-2017, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 4. (a) Licenses to carry handguns shall be either qualified or unlimited, and are valid for: (1) four (4) five (5) years from the date of issue in the case of a four (4) five (5) year license; or (2) the life of the individual receiving the license in the case of a lifetime license. A qualified license shall be issued for hunting and target practice. An individual may separately apply for and simultaneously hold both a five (5) year license and a lifetime license. The superintendent may adopt rules imposing limitations on the use and carrying of handguns under a license when handguns are carried by a licensee as a condition of employment. Unlimited licenses shall be issued for the purpose of the protection of life and property. (b) This subsection applies before July 1, 2020. In addition to the application fee, the fee for: (1) a qualified license shall be: HEA 1284 — CC 1 13 (A) five dollars ($5) for a four (4) five (5) year qualified license; (B) twenty-five dollars ($25) for a lifetime qualified license from a person who does not currently possess a valid Indiana handgun license; or (C) twenty dollars ($20) for a lifetime qualified license from a person who currently possesses a valid Indiana handgun license; and (2) an unlimited license shall be: (A) thirty dollars ($30) for a four (4) five (5) year unlimited license; (B) seventy-five dollars ($75) for a lifetime unlimited license from a person who does not currently possess a valid Indiana handgun license; or (C) sixty dollars ($60) for a lifetime unlimited license from a person who currently possesses a valid Indiana handgun license. The superintendent shall charge a twenty dollar ($20) fee for the issuance of a duplicate license to replace a lost or damaged license. These fees shall be deposited in accordance with subsection (f). (g). (c) This subsection applies after June 30, 2020. In addition to the application fee, the fee for: (1) a qualified license is: (A) zero dollars ($0) for a five (5) year qualified license; (B) twenty-five dollars ($25) for a lifetime qualified license from a person who does not currently possess a valid Indiana handgun license; and (C) twenty dollars ($20) for a lifetime qualified license from a person who currently possesses a valid Indiana handgun license; and (2) an unlimited license is: (A) zero dollars ($0) for a five (5) year unlimited license; (B) seventy-five dollars ($75) for a lifetime unlimited license from a person who does not currently possess a valid Indiana handgun license; and (C) sixty dollars ($60) for a lifetime unlimited license from a person who currently possesses a valid Indiana handgun license. The superintendent shall charge a twenty dollar ($20) fee for the issuance of a duplicate license to replace a lost or damaged license. These fees shall be deposited in accordance with subsection (g). (c) (d) Licensed dealers are exempt from the payment of fees HEA 1284 — CC 1 14 specified in subsection subsections (b) and (c) for a qualified license or an unlimited license. (d) (e) The following officers of this state or the United States who have been honorably retired by a lawfully created pension board or its equivalent after at least twenty (20) years of service or because of a disability are exempt from the payment of fees specified in subsection subsections (b) and (c): (1) Police officers. (2) Sheriffs or their deputies. (3) Law enforcement officers. (4) Correctional officers. (e) (f) The following officers described in section 3(e) 3(f) of this chapter who have at least twenty (20) years of service are exempt from the payment of fees for a lifetime qualified license or a lifetime unlimited license specified in subsection subsections (b) and (c): (1) Police officers. (2) Sheriffs or their deputies. (3) Law enforcement officers of the United States government. (f) (g) Fees collected under this section shall be deposited in the state general fund. (g) (h) The superintendent may not issue a lifetime qualified license or a lifetime unlimited license to a person who is a resident of another state. The superintendent may issue a four (4) five (5) year qualified license or a four (4) five (5) year unlimited license to a person who is a resident of another state and who has a regular place of business or employment in Indiana as described in section 3(a)(3) of this chapter. (h) (i) A person who knowingly or intentionally violates this section commits a Class B misdemeanor. SECTION 10. IC 35-47-2-5, AS AMENDED BY P.L.158-2013, SECTION 576, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 5. (a) The superintendent may suspend or revoke any license issued under this chapter if the superintendent has reasonable grounds to believe that the person's license should be suspended or revoked. (b) Documented evidence that a person is not a "proper person" to be licensed as defined by IC 35-47-1-7, or is prohibited under section 3(g)(5) 3(h)(5) of this chapter from being issued a license, shall be grounds for immediate suspension or revocation of a license previously issued under this chapter. However, if a license is suspended or revoked based solely on an arrest under section 3(g)(5) 3(h)(5) of this chapter, the license shall be reinstated upon the acquittal of the defendant in that case or upon the dismissal of the charges for the HEA 1284 — CC 1 15 specific offense. (c) A person who knowingly or intentionally fails to promptly return the person's license after written notice of suspension or revocation commits a Class A misdemeanor. The observation of a handgun license in the possession of a person whose license has been suspended or revoked constitutes a sufficient basis for the arrest of that person for violation of this subsection. (d) The superintendent shall establish rules under IC 4-22-2 concerning the procedure for suspending or revoking a person's license. SECTION 11. IC 35-47-9-1, AS AMENDED BY P.L.157-2014, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 1. (a) This chapter does not apply to the following: (1) A: (A) federal; (B) state; or (C) local; law enforcement officer. (2) A person who may legally possess a firearm and who has been authorized by: (A) a school board (as defined by IC 20-26-9-4); or (B) the body that administers a charter school established under IC 20-24; to carry a firearm in or on school property. (3) Except as provided in subsection (b) or (c), a person who: (A) may legally possess a firearm; and (B) possesses the firearm in a motor vehicle. (4) A person who is a school resource officer, as defined in IC 20-26-18.2-1. (5) Except as provided in subsection (b) or (c), a person who: (A) may legally possess a firearm; and (B) possesses only a firearm that is: (i) locked in the trunk of the person's motor vehicle; (ii) kept in the glove compartment of the person's locked motor vehicle; or (iii) stored out of plain sight in the person's locked motor vehicle. (6) A person who: (A) may legally possess a firearm; and (B) possesses a firearm on school property in connection with or while: (i) attending a worship service or religious ceremony conducted at a house of worship located on the school HEA 1284 — CC 1 16 property; or (ii) carrying out the person's official duties at a house of worship located on the school property, if the person is employed by or a volunteer at the house of worship. This subdivision does not affect the right of a property owner to prohibit, in whole or in part, the possession of a firearm on a property where a school or house of worship is located. (b) For purposes of subsection (a)(3) and (a)(5), a person does not include a person who is: (1) enrolled as a student in any high school except if the person is a high school student and is a member of a shooting sports team and the school's principal has approved the person keeping a firearm concealed in the person's motor vehicle on the days the person is competing or practicing as a member of a shooting sports team; or (2) a former student of the school if the person is no longer enrolled in the school due to a disciplinary action within the previous twenty-four (24) months. (c) For purposes of subsection (a)(3) and (a)(5), a motor vehicle does not include a motor vehicle owned, leased, or controlled by a school or school district unless the person who possesses the firearm is authorized by the school or school district to possess a firearm. SECTION 12. An emergency is declared for this act. HEA 1284 — CC 1 Speaker of the House of Representatives President of the Senate President Pro Tempore Governor of the State of Indiana Date: HEA 1284 — CC 1 Time: