HB 1056

           Second Regular Session of the 124th General Assembly (2026)
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    HOUSE ENROLLED ACT No. 1056
   AN ACT to amend the Indiana Code concerning criminal law and
procedure.
    Be it enacted by the General Assembly of the State of Indiana:
    SECTION 1. IC 35-44.1-3-1, AS AMENDED BY P.L.218-2025,
SECTION 19, AND AS AMENDED BY P.L.238-2025, SECTION 88,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) A person who knowingly
or intentionally:
      (1) forcibly resists, obstructs, or interferes with a law enforcement
      officer or a person assisting the officer while the officer is
      lawfully engaged in the execution of the officer's duties;
      (2) forcibly resists, obstructs, or interferes with the authorized
      service or execution of a civil or criminal process or order of a
      court; or
      (3) flees from a law enforcement officer after the officer has, by
      visible or audible means, including operation of the law
      enforcement officer's siren or emergency lights, identified himself
      or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except as
provided in subsection (c).
    (b) A person who, having been denied entry by a firefighter, an
emergency medical services provider, or a law enforcement officer,
knowingly or intentionally enters an area that is marked off with barrier
tape or other physical barriers, commits interfering with public safety,
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a Class B misdemeanor, except as provided in subsection (c) or (k). (j).
   (c) The offense under subsection (a) or (b) is a:
     (1) Level 6 felony if (A) the person uses a vehicle to commit the
     offense; or
     (B) (2) Level 5 felony if: while committing the offense, the person:
         (i) (A) while committing the offense, the person draws or uses
         a deadly weapon;
         (ii) (B) while committing the offense, the person inflicts
         moderate bodily injury on or otherwise causes moderate
         bodily injury to another person; or
         (iii) (C) while committing the offense, the person operates a
         vehicle in a manner that creates a substantial risk of bodily
         injury to another person;
     (2) (3) Level 5 Level 4 felony if:
         (A) while committing the offense, the person operates a
         vehicle in a manner that causes serious bodily injury to another
         person; or
         (B) the person uses a vehicle to commit the offense and the
         person has a prior unrelated conviction under this section
         involving the use of a vehicle in the commission of the
         offense;
     (3) (4) Level 3 felony if, while committing the offense, the person
     operates a vehicle in a manner that causes the death or
     catastrophic injury of another person; and
     (4) (5) Level 2 felony if, while committing any offense described
     in subsection (a), the person operates a vehicle in a manner that
     causes the death or catastrophic injury of a firefighter, an
     emergency medical services provider, or a law enforcement
     officer while the firefighter, emergency medical services provider,
     or law enforcement officer is engaged in the firefighter's,
     emergency medical services provider's, or officer's official duties.
   (d) The offense under subsection (a) is a Level 6 felony if, while
committing an offense under:
     (1) subsection (a)(1) or (a)(2), the person:
         (A) creates a substantial risk of bodily injury to the person or
         another person; and
         (B) has two (2) or more prior unrelated convictions under
         subsection (a); or
     (2) subsection (a)(3), the person has two (2) or more prior
     unrelated convictions under subsection (a).
   (e) If a person uses a vehicle to commit a felony offense under
subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), (c), as part of the criminal
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penalty imposed for the offense, the court shall impose a minimum
executed sentence of at least:
       (1) thirty (30) days, if the person does not have a prior unrelated
       conviction under this section;
       (2) one hundred eighty (180) days, if the person has one (1) prior
       unrelated conviction under this section; or
       (3) one (1) year, if the person has two (2) or more prior unrelated
       convictions under this section.
    (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
minimum sentence imposed under subsection (e) may not be
suspended.
    (g) If a person is convicted of an offense involving the use of a
motor vehicle under:
       (1) subsection (c)(1)(A), subsection (c)(1), if the person exceeded
       the speed limit by at least twenty (20) miles per hour while
       committing the offense;
       (2) subsection (c)(2); or
       (3) subsection (c)(3);
       (4) subsection (c)(4); or
       (5) subsection (c)(5);
the court may notify the bureau of motor vehicles to suspend or revoke
the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
court shall inform the bureau whether the person has been sentenced
to a term of incarceration. At the time of conviction, the court may
obtain the person's current driver's license and return the license to the
bureau of motor vehicles.
    (h) A person may not be charged or convicted of a crime under
subsection (a)(3) if the law enforcement officer is a school resource
officer acting in the officer's capacity as a school resource officer.
    (i) (h) A person who commits an offense described in subsection (c)
commits a separate offense for each person whose bodily injury,
serious bodily injury, catastrophic injury, or death is caused by a
violation of subsection (c).
    (j) (i) A court may order terms of imprisonment imposed on a
person convicted of more than one (1) offense described in subsection
(c) to run consecutively. Consecutive terms of imprisonment imposed
under this subsection are not subject to the sentencing restrictions set
forth in IC 35-50-1-2(c) through IC 35-50-1-2(d).
    (k) (j) As used in this subsection, "family member" means a child,
grandchild, parent, grandparent, or spouse of the person. It is a defense
to a prosecution under subsection (b) that the person reasonably
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believed that the person's family member:
      (1) was in the marked off area; and
      (2) had suffered bodily injury or was at risk of suffering bodily
      injury;
if the person is not charged as a defendant in connection with the
offense, if applicable, that caused the area to be secured by barrier tape
or other physical barriers.
    SECTION 2. An emergency is declared for this act.
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Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date:  Time:
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