SB 261

           Second Regular Session of the 124th General Assembly (2026)
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 2025 Regular Session of the General Assembly.
    SENATE ENROLLED ACT No. 261
   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 9-24-2-2.5, AS AMENDED BY P.L.257-2017,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. (a) The bureau shall suspend the driving
privileges or invalidate the learner's permit of an individual who is
under an order entered by a court under IC 35-43-1-2(d).
IC 35-43-1-2(i).
   (b) The bureau shall suspend the driving privileges or invalidate the
learner's permit of an individual who is the subject of an order issued
under IC 31-37-19-17 (or IC 31-6-4-15.9(f) before its repeal) or
IC 35-43-1-2(d). IC 35-43-1-2(i).
   SECTION 2. IC 31-9-2-29.5, AS AMENDED BY P.L.65-2016,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 29.5. "Crime involving domestic or family
violence" means a crime that occurs when a family or household
member commits, attempts to commit, or conspires to commit any of
the following against another family or household member:
      (1) A homicide offense under IC 35-42-1.
      (2) A battery offense under IC 35-42-2.
      (3) Kidnapping or confinement under IC 35-42-3.
      (4) A sex offense under IC 35-42-4.
      (5) Robbery under IC 35-42-5.
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      (6) Arson or mischief vandalism under IC 35-43-1.
      (7) Burglary or trespass under IC 35-43-2.
      (8) Disorderly conduct under IC 35-45-1.
      (9) Intimidation or harassment under IC 35-45-2.
      (10) Voyeurism under IC 35-45-4.
      (11) Stalking under IC 35-45-10.
      (12) An offense against the family under IC 35-46-1-2 through
      IC 35-46-1-8, IC 35-46-1-12, IC 35-46-1-15.1, or
      IC 35-46-1-15.3.
      (13) Human and sexual trafficking crimes under IC 35-42-3.5.
      (14) A crime involving animal cruelty and a family or household
      member under IC 35-46-3-12(b)(2) or IC 35-46-3-12.5.
    SECTION 3. IC 31-37-19-17, AS AMENDED BY P.L.111-2021,
SECTION 100, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 17. (a) This section applies if a
child is a delinquent child under IC 31-37-1 due to the commission of
a delinquent act that, if committed by an adult, would be criminal
mischief or institutional criminal mischief vandalism under
IC 35-43-1-2 that involves the use of graffiti.
    (b) The juvenile court may, in addition to any other order or decree
the court makes under this chapter, order the bureau of motor vehicles
to:
      (1) suspend the child's driver's license; or
      (2) invalidate the child's learner's permit;
for one (1) year beginning the date of the order.
    SECTION 4. IC 33-39-1-8, AS AMENDED BY P.L.10-2019,
SECTION 127, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 8. (a) After June 30, 2005, this
section does not apply to a person who:
      (1) holds a commercial driver's license; and
      (2) has been charged with an offense involving the operation of
      a motor vehicle in accordance with the federal Motor Carrier
      Safety Improvement Act of 1999 (MCSIA) (Public Law
      106-159.113 Stat. 1748).
    (b) This section does not apply to a person arrested for or charged
with:
      (1) an offense under IC 9-30-5-1 through IC 9-30-5-5; or
      (2) if a person was arrested or charged with an offense under
      IC 9-30-5-1 through IC 9-30-5-5, an offense involving:
          (A) intoxication; or
          (B) the operation of a vehicle;
if the offense involving intoxication or the operation of a vehicle was
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part of the same episode of criminal conduct as the offense under
IC 9-30-5-1 through IC 9-30-5-5.
   (c) This section does not apply to a person:
     (1) who is arrested for or charged with an offense under:
         (A) IC 7.1-5-7-7, if the alleged offense occurred while the
         person was operating a motor vehicle;
         (B) IC 9-30-4-8, if the alleged offense occurred while the
         person was operating a motor vehicle;
         (C) IC 35-44.1-2-13(b)(1); or
         (D) IC 35-43-1-2(a), IC 35-43-1-2(b)(1), if the alleged offense
         occurred while the person was operating a motor vehicle; and
     (2) who was less than eighteen (18) years of age at the time of the
     alleged offense.
   (d) A prosecuting attorney may withhold prosecution against an
accused person if:
     (1) the person is charged with a misdemeanor, a Level 6 felony,
     or a Level 5 felony;
     (2) the person agrees to conditions of a pretrial diversion program
     offered by the prosecuting attorney;
     (3) the terms of the agreement are recorded in an instrument
     signed by the person and the prosecuting attorney and filed in the
     court in which the charge is pending; and
     (4) the prosecuting attorney electronically transmits information
     required by the prosecuting attorneys council concerning the
     withheld prosecution to the prosecuting attorneys council, in a
     manner and format designated by the prosecuting attorneys
     council.
   (e) An agreement under subsection (d) may include conditions that
the person:
     (1) pay to the clerk of the court an initial user's fee and monthly
     user's fees in the amounts specified in IC 33-37-4-1;
     (2) work faithfully at a suitable employment or faithfully pursue
     a course of study or career and technical education that will equip
     the person for suitable employment;
     (3) undergo available medical treatment or mental health
     counseling and remain in a specified facility required for that
     purpose, including:
         (A) addiction counseling;
         (B) inpatient detoxification; and
         (C) medication assisted treatment, including a federal Food
         and Drug Administration approved long acting, nonaddictive
         medication for the treatment of opioid or alcohol dependence;
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       (4) receive evidence based mental health and addiction,
       intellectual disability, developmental disability, autism, and
       co-occurring autism and mental illness forensic treatment services
       to reduce the risk of recidivism;
       (5) support the person's dependents and meet other family
       responsibilities;
       (6) make restitution or reparation to the victim of the crime for the
       damage or injury that was sustained;
       (7) refrain from harassing, intimidating, threatening, or having
       any direct or indirect contact with the victim or a witness;
       (8) report to the prosecuting attorney at reasonable times;
       (9) answer all reasonable inquiries by the prosecuting attorney
       and promptly notify the prosecuting attorney of any change in
       address or employment; and
       (10) participate in dispute resolution either under IC 34-57-3 or
       a program established by the prosecuting attorney.
    (f) An agreement under subsection (d)(2) may include other
provisions, including program fees and costs, reasonably related to the
defendant's rehabilitation, if approved by the court.
    (g) The prosecuting attorney shall notify the victim when
prosecution is withheld under this section.
    (h) All money collected by the clerk as user's fees or program fees
and costs under this section shall be deposited in the appropriate user
fee fund under IC 33-37-8.
    (i) If a court withholds prosecution under this section and the terms
of the agreement contain conditions described in subsection (e)(7):
       (1) the clerk of the court shall comply with IC 5-2-9; and
       (2) the prosecuting attorney shall file a confidential form
       prescribed or approved by the office of judicial administration
       with the clerk.
    SECTION 5. IC 35-31.5-2-35, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 35. "Cave", for purposes of IC 35-43-1-3,
IC 35-43-1-2, has the meaning set forth in IC 35-43-1-3(a).
IC 35-43-1-2.
    SECTION 6. IC 35-31.5-2-76, AS AMENDED BY P.L.65-2016,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 76. "Crime involving domestic or family violence"
means a crime that occurs when a family or household member
commits, attempts to commit, or conspires to commit any of the
following against another family or household member:
       (1) A homicide offense under IC 35-42-1.
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      (2) A battery offense under IC 35-42-2.
      (3) Kidnapping or confinement under IC 35-42-3.
      (4) Human and sexual trafficking crimes under IC 35-42-3.5.
      (5) A sex offense under IC 35-42-4.
      (6) Robbery under IC 35-42-5.
      (7) Arson or mischief vandalism under IC 35-43-1.
      (8) Burglary or trespass under IC 35-43-2.
      (9) Disorderly conduct under IC 35-45-1.
      (10) Intimidation or harassment under IC 35-45-2.
      (11) Voyeurism under IC 35-45-4.
      (12) Stalking under IC 35-45-10.
      (13) An offense against family under IC 35-46-1-2 through
      IC 35-46-1-8, IC 35-46-1-12, IC 35-46-1-15.1, or
      IC 35-46-1-15.3.
      (14) A crime involving animal cruelty and a family or household
      member under IC 35-46-3-12(b)(2) or IC 35-46-3-12.5.
    SECTION 7. IC 35-31.5-2-224, AS AMENDED BY P.L.134-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 224. (a) "Owner", for purposes of IC 35-43-1-3,
IC 35-43-1-2, has the meaning set forth in IC 35-43-1-3(a).
IC 35-43-1-2.
    (b) "Owner", for purposes of IC 35-48-3, has the meaning set forth
in IC 35-48-3-1.5.
    (c) "Owner", for purposes of IC 35-49, has the meaning set forth in
IC 35-49-1-6.
    (d) "Owner", for purposes of IC 35-43-5-19.5, means any person
with an ownership interest or right to profit in a business.
    SECTION 8. IC 35-31.5-2-230.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 230.1. "Pecuniary loss", for
purposes of IC 35-43-1-2, has the meaning set forth in
IC 35-43-1-2.
    SECTION 9. IC 35-31.5-2-267.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 267.5. "Real property in
foreclosure", for purposes of IC 35-43-1-2, has the meaning set
forth in IC 35-43-1-2.
    SECTION 10. IC 35-31.5-2-273.2, AS ADDED BY P.L.13-2013,
SECTION 129, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 273.2. "Refuse", for purposes of
IC 35-45-3-2, has the meaning set forth in IC 35-45-3-2(b).
IC 35-45-3-2.
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   SECTION 11. IC 35-31.5-2-286, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 286. "Scientific purposes", for purposes of
IC 35-43-1-3, IC 35-43-1-2, has the meaning set forth in
IC 35-43-1-3(a). IC 35-43-1-2.
   SECTION 12. IC 35-43-1-2, AS AMENDED BY P.L.100-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) The following definitions apply
throughout this section:
     (1) "Cave" means any naturally occurring subterranean
     cavity, including a cavern, pit, pothole, sinkhole, well, grotto,
     and tunnel, whether or not it has a natural entrance.
     (2) "Critical infrastructure facility" has the meaning set forth
     in IC 35-46-10-1.
     (3) "Owner" means, with respect to a cave, the person who
     holds title to or is in possession of the land on or under which
     a cave is located, or the person's lessee, or agent.
     (4) "Pecuniary loss" means all costs necessary to restore
     damaged or defaced property to its former condition. The
     term includes:
        (A) the total costs incurred in inspecting, cleaning, and
        decontaminating property contaminated by a pollutant;
        and
        (B) a reasonable estimate of all additional costs not already
        incurred under clause (A) that are necessary to inspect,
        clean, and decontaminate property contaminated by a
        pollutant, to the extent that the property has not already
        been:
          (i) cleaned;
          (ii) decontaminated; or
          (iii) both cleaned and decontaminated.
     The term includes inspection, cleaning, or decontamination
     conducted by a person certified under IC 16-19-3.1.
     (5) "Real property in foreclosure" means real property with
     respect to which a foreclosure action has been filed or joined
     by a person having a security interest in the property that is
     used to secure:
        (A) a mortgage;
        (B) a land contract; or
        (C) another agreement similar to a mortgage or a land
        contract.
     The term does not include property that is the subject of a
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     foreclosure action brought by a person having any other type
     of security interest in the property, including a mechanic's
     lien, a tax lien, or a lien placed by a homeowners association,
     unless the property is also the subject of a foreclosure action
     described in clauses (A) through (C).
     (6) "Scientific purposes" means exploration and research
     conducted by persons affiliated with recognized scientific
     organizations with the intent to advance knowledge and to
     publish the results of the exploration or research in an
     appropriate medium.
   (a) (b) A person who:
     (1) recklessly, knowingly, or intentionally damages or defaces
     property of another person without the other person's consent;
     commits criminal mischief, or
     (2) knowingly or intentionally damages, permanently
     removes, or defaces:
         (A) fixtures (as defined in IC 26-1-2.1-309) of real property
         in foreclosure;
         (B) a component or subsystem of the heating, ventilation,
         or air conditioning system of real property in foreclosure;
         (C) wiring of real property in foreclosure;
         (D) pipes, fittings, or another part of the plumbing system
         of real property in foreclosure;
         (E) the structure, including the roof and foundation, of real
         property in foreclosure;
         (F) the windows of real property in foreclosure;
         (G) the floors, ceilings, walls, or doors of real property in
         foreclosure;
         (H) the landscaping of real property in foreclosure; or
         (I) an unattached structure, carport, patio, fence, or
         swimming pool located on real property in foreclosure;
commits criminal vandalism, a Class B misdemeanor except as
otherwise provided in this section.
   (c) Criminal vandalism is a Class A misdemeanor if one (1) or
more of the following apply:
     (1) The pecuniary loss is at least seven hundred fifty dollars
     ($750) but less than fifty thousand dollars ($50,000).
     (2) The person damages:
         (A) a structure used for religious worship without the
         consent of the owner, possessor, or occupant of the
         property that is damaged;
         (B) a school or community center without the consent of
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      the owner, possessor, or occupant of the property that is
      damaged;
      (C) the property of an agricultural operation (as defined in
      IC 32-30-6-1) without the consent of the owner, possessor,
      or occupant of the property that is damaged;
      (D) the property of a scientific research facility (as defined
      in IC 35-31.5-2-287) without the consent of, or with consent
      which was fraudulently obtained from, the owner,
      possessor, or occupant of the property that is damaged;
      (E) the grounds:
        (i) adjacent to; and
        (ii) owned or rented in common with;
      a structure or facility described in clauses (A) through (D)
      without the consent of the owner, possessor, or occupant of
      the property that is damaged;
      (F) personal property contained in a structure or located
      at a facility described in clauses (A) through (D) without
      the consent of the owner, possessor, or occupant of the
      property that is damaged;
      (G) property that is vacant real property (as defined in
      IC 36-7-36-5) or a vacant structure (as defined in
      IC 36-7-36-6); or
      (H) property after the person has been denied entry to the
      property by a court order that was issued:
        (i) to the person; or
        (ii) to the general public by conspicuous posting on or
        around the property in areas where a person could
        observe the order when the property has been designated
        by a municipality or county enforcement authority to be
        a vacant property, an abandoned property, or an
        abandoned structure (as defined in IC 36-7-36-1).
   (3) The person:
      (A) damages a cemetery, a burial ground (as defined in
      IC 14-21-1-3), or a facility used for memorializing the
      dead;
      (B) damages the grounds owned or rented by a cemetery or
      facility used for memorializing the dead; or
      (C) disturbs, defaces, or damages a cemetery monument,
      grave marker, grave artifact, grave ornamentation, or
      cemetery enclosure;
   unless the person acted in a proper and acceptable manner as
   authorized by IC 23-14, or unless the person acted in a proper
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     and acceptable manner as authorized by IC 14-21, other than
     a person who disturbs the earth for an agricultural purpose
     under the exemption to IC 14-21 that is provided in
     IC 14-21-1-24.
     (4) The person:
         (A) damages or defaces a cave;
         (B) damages a lock, gate, fence, or other structure designed
         to control or prevent access to a cave; or
         (C) damages or destroys a cave dwelling animal in a cave;
     unless the act described in clause (A) or (C) was done for
     scientific purposes.
   (d) Criminal vandalism is a Level 6 felony if one (1) or more of
the following apply:
     (1) The pecuniary loss is at least fifty thousand dollars
     ($50,000).
     (2) The damage causes a substantial interruption or
     impairment of utility service rendered to the public.
     (3) The damage is to a public record.
     (4) The damage is to a law enforcement animal (as defined in
     IC 35-46-3-4.5).
     (5) The damage is to a component of an automatic building
     fire suppression system that is located in a penal facility.
     (6) The damage is to property described in subsection (c)(2),
     and the pecuniary loss (or property damage, in the case of an
     agricultural operation or a scientific research facility) is at
     least seven hundred fifty dollars ($750) but less than fifty
     thousand dollars ($50,000).
     (7) The person damages property:
         (A) during the dealing or manufacture of or attempted
         dealing or manufacture of a controlled substance; and
         (B) by means of a fire or an explosion.
     (8) The enhancement described in subsection (c)(3) applies
     and the pecuniary loss is at least seven hundred fifty dollars
     ($750) but less than fifty thousand dollars ($50,000).
     (9) The person damages or defaces:
         (A) a locomotive, a railroad car, a train, or equipment of
         a railroad company being operated on a railroad
         right-of-way;
         (B) a part of any railroad signal system, train control
         system, centralized dispatching system, or highway
         railroad grade crossing warning signal on a railroad
         right-of-way owned, leased, or operated by a railroad
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         company; or
         (C) any rail, switch, roadbed, viaduct, bridge, trestle,
         culvert, or embankment on a right-of-way owned, leased,
         or operated by a railroad company.
   (e) Criminal vandalism is a Level 5 felony if one (1) or more of
the following apply:
     (1) The damage is to property described in subsection (c)(2),
     and the pecuniary loss (or property damage, in the case of an
     agricultural operation or a scientific research facility) is at
     least fifty thousand dollars ($50,000).
     (2) The person damages property:
         (A) during the dealing or manufacture of or attempted
         dealing or manufacture of a controlled substance;
         (B) by means of a fire or an explosion; and
         (C) resulting in moderate bodily injury to any person other
         than a defendant.
     (3) The enhancement described in subsection (c)(3) applies
     and the pecuniary loss is at least fifty thousand dollars
     ($50,000).
     (4) The person damages or defaces:
         (A) a locomotive, a railroad car, a train, or equipment of
         a railroad company being operated on a railroad
         right-of-way;
         (B) a part of any railroad signal system, train control
         system, centralized dispatching system, or highway
         railroad grade crossing warning signal on a railroad
         right-of-way owned, leased, or operated by a railroad
         company; or
         (C) any rail, switch, roadbed, viaduct, bridge, trestle,
         culvert, or embankment on a right-of-way owned, leased,
         or operated by a railroad company;
     and the offense results in serious bodily injury to another
     person.
     (5) The person damages or defaces a critical infrastructure
     facility.
   (f) Criminal vandalism is a Level 4 felony if the person damages
or defaces a critical infrastructure facility, and:
     (1) the pecuniary loss is at least fifty thousand dollars
     ($50,000); or
     (2) the damage causes a substantial interruption or
     impairment of a critical infrastructure utility service
     rendered to the public.
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    (g) Criminal vandalism is a Level 2 felony if the person damages
or defaces:
       (1) a locomotive, a railroad car, a train, or equipment of a
       railroad company being operated on a railroad right-of-way;
       (2) a part of any railroad signal system, train control system,
       centralized dispatching system, or highway railroad grade
       crossing warning signal on a railroad right-of-way owned,
       leased, or operated by a railroad company; or
       (3) any rail, switch, roadbed, viaduct, bridge, trestle, culvert,
       or embankment on a right-of-way owned, leased, or operated
       by a railroad company;
and the offense results in the death of another person.
    (h) It is a defense to a prosecution under subsection (b)(2) that
the damage, removal, or defacement was the result of repair,
renovation, replacement, or maintenance performed in good faith.
    (i) If a person is convicted of an offense under this section that
involves the use of graffiti, the court may, in addition to any other
penalty, order that the person's driver's license or learner's permit
be suspended or invalidated by the bureau of motor vehicles for
not more than one (1) year.
    (j) The court may rescind an order for suspension or
invalidation under subsection (i) and allow the person to receive a
license or permit before the period of suspension or invalidation
ends if the court determines that the person has removed or
painted over the graffiti or has made other suitable restitution.
However, the offense is:
       (1) a Class A misdemeanor if the pecuniary loss is at least seven
       hundred fifty dollars ($750) but less than fifty thousand dollars
       ($50,000); and
       (2) a Level 6 felony if:
           (A) the pecuniary loss is at least fifty thousand dollars
           ($50,000);
           (B) the damage causes a substantial interruption or impairment
           of utility service rendered to the public;
           (C) the damage is to a public record;
           (D) the damage is to a law enforcement animal (as defined in
           IC 35-46-3-4.5); or
           (E) the damage is to a component of an automatic building fire
           suppression system that is located in a penal facility.
    (b) A person who recklessly, knowingly, or intentionally damages:
       (1) a structure used for religious worship without the consent of
       the owner, possessor, or occupant of the property that is damaged;
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     (2) a school or community center without the consent of the
     owner, possessor, or occupant of the property that is damaged;
     (3) the property of an agricultural operation (as defined in
     IC 32-30-6-1) without the consent of the owner, possessor, or
     occupant of the property that is damaged;
     (4) the property of a scientific research facility (as defined in
     IC 35-31.5-2-287) without the consent of, or with consent which
     was fraudulently obtained from, the owner, possessor, or occupant
     of the property that is damaged;
     (5) the grounds:
         (A) adjacent to; and
         (B) owned or rented in common with;
     a structure or facility identified in subdivisions (1) through (4)
     without the consent of the owner, possessor, or occupant of the
     property that is damaged;
     (6) personal property contained in a structure or located at a
     facility identified in subdivisions (1) through (4) without the
     consent of the owner, possessor, or occupant of the property that
     is damaged;
     (7) property that is vacant real property (as defined in
     IC 36-7-36-5) or a vacant structure (as defined in IC 36-7-36-6);
     or
     (8) property after the person has been denied entry to the property
     by a court order that was issued:
         (A) to the person; or
         (B) to the general public by conspicuous posting on or around
         the property in areas where a person could observe the order
         when the property has been designated by a municipality or
         county enforcement authority to be a vacant property, an
         abandoned property, or an abandoned structure (as defined in
         IC 36-7-36-1);
commits institutional criminal mischief, a Class A misdemeanor.
However, the offense is a Level 6 felony if the pecuniary loss (or
property damage, in the case of an agricultural operation or a scientific
research facility) is at least seven hundred fifty dollars ($750) but less
than fifty thousand dollars ($50,000), and a Level 5 felony if the
pecuniary loss (or property damage, in the case of an agricultural
operation or a scientific research facility) is at least fifty thousand
dollars ($50,000).
   (c) A person who recklessly, knowingly, or intentionally damages
property:
     (1) during the dealing or manufacture of or attempted dealing or
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      manufacture of a controlled substance; and
      (2) by means of a fire or an explosion;
commits controlled substances criminal mischief, a Level 6 felony.
However, the offense is a Level 5 felony if the offense results in
moderate bodily injury to any person other than a defendant.
   (d) If a person is convicted of an offense under this section that
involves the use of graffiti, the court may, in addition to any other
penalty, order that the person's driver's license be suspended or
invalidated by the bureau of motor vehicles for not more than one (1)
year.
   (e) The court may rescind an order for suspension or invalidation
under subsection (d) and allow the person to receive a license or permit
before the period of suspension or invalidation ends if the court
determines that the person has removed or painted over the graffiti or
has made other suitable restitution.
   (f) For purposes of this section, "pecuniary loss" includes:
      (1) the total costs incurred in inspecting, cleaning, and
      decontaminating property contaminated by a pollutant; and
      (2) a reasonable estimate of all additional costs not already
      incurred under subdivision (1) that are necessary to inspect, clean,
      and decontaminate property contaminated by a pollutant, to the
      extent that the property has not already been:
          (A) cleaned;
          (B) decontaminated; or
          (C) both cleaned and decontaminated.
The term includes inspection, cleaning, or decontamination conducted
by a person certified under IC 16-19-3.1.
   SECTION 13. IC 35-43-1-2.1 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 2.1. (a) This section does not apply to the following:
      (1) A person who acts in a proper and acceptable manner as
      authorized by IC 14-21 other than a person who disturbs the earth
      for an agricultural purpose under the exemption to IC 14-21 that
      is provided in IC 14-21-1-24.
      (2) A person who acts in a proper and acceptable manner as
      authorized by IC 23-14.
   (b) A person who recklessly, knowingly, or intentionally:
      (1) damages a cemetery, a burial ground (as defined in
      IC 14-21-1-3), or a facility used for memorializing the dead;
      (2) damages the grounds owned or rented by a cemetery or facility
      used for memorializing the dead; or
      (3) disturbs, defaces, or damages a cemetery monument, grave
      marker, grave artifact, grave ornamentation, or cemetery
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      enclosure;
commits cemetery mischief, a Class A misdemeanor. However, the
offense is a Level 6 felony if the pecuniary loss is at least seven
hundred fifty dollars ($750) but less than fifty thousand dollars
($50,000), and a Level 5 felony if the pecuniary loss is at least fifty
thousand dollars ($50,000).
    SECTION 14. IC 35-43-1-2.3 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 2.3. A person who, without the consent of the owner of
the property, recklessly, knowingly, or intentionally damages or
defaces:
      (1) a locomotive, a railroad car, a train, or equipment of a railroad
      company being operated on a railroad right-of-way;
      (2) a part of any railroad signal system, train control system,
      centralized dispatching system, or highway railroad grade
      crossing warning signal on a railroad right-of-way owned, leased,
      or operated by a railroad company; or
      (3) any rail, switch, roadbed, viaduct, bridge, trestle, culvert, or
      embankment on a right-of-way owned, leased, or operated by a
      railroad company;
commits railroad mischief, a Level 6 felony. However, the offense is a
Level 5 felony if the offense results in serious bodily injury to another
person and a Level 2 felony if the offense results in the death of another
person.
    SECTION 15. IC 35-43-1-3 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 3. (a) As used in this section:
    "Cave" means any naturally occurring subterranean cavity,
including a cavern, pit, pothole, sinkhole, well, grotto, and tunnel
whether or not it has a natural entrance.
    "Owner" means the person who holds title to or is in possession of
the land on or under which a cave is located, or his lessee, or agent.
    "Scientific purposes" means exploration and research conducted by
persons affiliated with recognized scientific organizations with the
intent to advance knowledge and with the intent to publish the results
of said exploration or research in an appropriate medium.
    (b) A person who knowingly and without the express consent of the
cave owner:
      (1) disfigures, destroys, or removes any stalagmite, stalactite, or
      other naturally occurring mineral deposit or formation, or
      archeological or paleontological artifact in a cave, for other than
      scientific purposes;
      (2) breaks any lock, gate, fence, or other structure designed to
      control or prevent access to a cave; or
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      (3) destroys, injures, removes, or harasses any cave-dwelling
      animal for other than scientific purposes;
commits a Class A misdemeanor.
    (c) A person who knowingly and without the express consent of the
cave owner deposits trash, rubbish, chemicals, or other litter in a cave
commits a Class C infraction. However, the violation is a Class C
misdemeanor if it is committed knowingly or intentionally and the
person has a prior unrelated adjudication or conviction for a violation
of this section within the previous five (5) years.
    SECTION 16. IC 35-43-4-9 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 9. (a) This section applies only to real property in
foreclosure.
    (b) The following definitions apply throughout this section:
      (1) "Damages, permanently removes an object from, or defaces
      real property" means to damage, permanently remove, or deface
      one (1) or more of the following:
         (A) Fixtures (as defined in IC 26-1-2.1-309) of the real
         property.
         (B) A component or subsystem of the heating, ventilation, or
         air conditioning system of the real property.
         (C) Wiring of the real property.
         (D) Pipes, fittings, or another part of the plumbing system of
         the real property.
         (E) The structure, including the roof and foundation, of the
         real property.
         (F) The windows of the real property.
         (G) The floors, ceilings, walls, or doors of the real property.
         (H) The landscaping of the real property.
         (I) An unattached structure, carport, patio, fence, or swimming
         pool located on the real property.
      (2) "Real property in foreclosure" means real property with
      respect to which a foreclosure action has been filed or joined by
      a person having a security interest in the property that is used to
      secure:
         (A) a mortgage;
         (B) a land contract; or
         (C) another agreement similar to a mortgage or a land contract.
      The term does not include property that is the subject of a
      foreclosure action brought by a person having any other type of
      security interest in the property, including a mechanic's lien, a tax
      lien, or a lien placed by a homeowners association, unless the
      property is also the subject of a foreclosure action described in
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      clauses (A) through (C).
    (c) A person who knowingly or intentionally damages, permanently
removes an object from, or defaces real property in foreclosure
commits foreclosure mischief, a Class B misdemeanor. However, the
offense is:
      (1) a Class A misdemeanor if the pecuniary loss is at least seven
      hundred fifty dollars ($750) but less than fifty thousand dollars
      ($50,000); and
      (2) a Level 6 felony if the pecuniary loss is at least fifty thousand
      dollars ($50,000).
    (d) It is a defense to a prosecution under this section that the
damage, removal, or defacement was the result of repair, renovation,
replacement, or maintenance performed in good faith.
    SECTION 17. IC 35-45-3-2, AS AMENDED BY P.L.231-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) A person who recklessly, knowingly, or
intentionally places or leaves refuse on property of another person,
except in a container provided for refuse, commits littering, a Class B
infraction. However, the offense is a Class A infraction if the refuse:
      (1) is placed or left in, on, or within one hundred (100) feet of a
      body of water that is under the jurisdiction of the (1) department
      of natural resources or (2) United States Army Corps of
      Engineers; or
      (2) is placed in a cave (as defined in IC 35-43-1-2).
Notwithstanding IC 34-28-5-4(a), a judgment of not more than one
thousand dollars ($1,000) shall be imposed for each Class A infraction
committed under this section.
    (b) A person who:
      (1) recklessly, knowingly, or intentionally violates subsection
      (a)(2); and
      (2) has a prior unrelated conviction or adjudication for a
      violation of subsection (a)(2) within the previous five (5)
      years;
commits a Class C misdemeanor.
    (b) (c) As used in this section, "refuse" includes solid and semisolid
wastes, dead animals, and offal.
    (c) (d) Evidence that littering was committed from a moving vehicle
other than a public conveyance constitutes prima facie evidence that it
was committed by the operator of that vehicle.
    SECTION 18. IC 35-46-10-3 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 3. A person who recklessly, knowingly, or intentionally
damages or defaces property of a critical infrastructure facility commits
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critical infrastructure facility mischief, a Level 5 felony. However, the
offense is a Level 4 felony if:
      (1) the pecuniary loss is at least fifty thousand dollars ($50,000);
      or
      (2) the damage causes a substantial interruption or impairment of
      a critical infrastructure utility service rendered to the public.
    SECTION 19. IC 35-46-10-4, AS ADDED BY P.L.276-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. Except as provided in IC 35-50-2, if a person
commits the offense of conspiracy (as described in IC 35-41-5-2) to
commit an offense described in:
      (1) section 2 or 3 of this chapter; or
      (2) IC 35-43-1-2 (criminal vandalism) involving a critical
      infrastructure facility;
with a person who commits an offense described under section 2 or 3
of this chapter or IC 35-43-1-2 (criminal vandalism) involving a
critical infrastructure facility, the conspiring person shall be
punished by a fine not to exceed one hundred thousand dollars
($100,000).
    SECTION 20. IC 35-46-10-5, AS ADDED BY P.L.276-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) A person aggrieved by a violation under:
      (1) this chapter; or
      (2) IC 35-43-1-2 (criminal vandalism) involving a critical
      infrastructure facility;
may recover damages sustained under IC 34-24-3-1.
    (b) Any person that compensates, provides consideration to, or
remunerates a person for committing an offense under:
      (1) sections section 2 3, or 4 of this chapter; or
      (2) IC 35-43-1-2 (criminal vandalism) involving a critical
      infrastructure facility;
may be held liable for civil damages imposed under this chapter.
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President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date:  Time:
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