§ 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

(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;
(3) criminal confinement as a Level 2 or Level 3 felony; or
(4) attempted murder.
(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.
(11) An investigator for the inspector general appointed under IC 4-2-7-2.
(12) A hospital police officer employed by a hospital police
department established under IC 16-18-4.
(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.

Legislative History

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; P.L.174-2021, SEC.81; P.L.4-2022, SEC.1; P.L.122-2023, SEC.19.