CRIMINAL LAWAND PROCEDURE
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(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 con-
viction under this section; or
(3) one (1) year, if the person has two (2)
or more prior unrelated convictions under
this section.
(d) Notwithstanding IC 35-50-2-2.2 and IC
35-50-3-1, the mandatory minimum sentence
imposed under subsection (c) may not be sus-
pended.
(e) If a person is convicted of an offense
involving the use of a motor vehicle under:
(1) subsection (b)(1)(A), if the person
exceeded the speed limit by at least twenty
(20) miles per hour while committing the
offense;
(2) subsection (b)(2); or
(3) subsection (b)(3);
the court may notify the bureau of motor vehicles
to suspend or revoke the person’s driver’s license
and all certificates of registration and license
plates issued or registered in the person’s name in
accordance with IC 9-30-4-6(b)(3) for the period
described in IC 9-30-4-6(d)(5). 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.
(f) Aperson may not be charged or convicted
of a crime under subsection (a)(3) if the law
enforcement officer is a school resource officer act-
ing in the officer’s capacity as a school resource
officer.
35-44.1-3-2. Disarming a law enforcement
officer.
(a) As used in this section, “officer” includes
the following:
(1) A person employed by:
(A) the department of correction;
(B) a law enforcement agency;
(C) a probation department;
(D) a county jail;
(E) a circuit, superior, county, probate,
city, or town court;
who is required to carry a firearm in per-
formance of the person’s official duties.
(2) A law enforcement officer.
(b) A person who:
(1) knows that another person is an officer;
and
(2) knowingly or intentionally takes or
attempts to take a firearm (as defined in IC
35-47-1-5) or weapon that the officer is
authorized to carry from the officer or
from the immediate proximity of the offi-
cer;
(A) without the consent of the officer;
and
(B) while the officer is engaged in the
performance of the officer’s official
duties;
commits disarming a law enforcement officer, a
Level 5 felony. However, the offense is a Level
3 felony if it results in serious bodily injury to a
law enforcement officer, and the offense is a Level
1 felony if it results in death to a law enforcement
officer.
35-44.1-3-3. Refusal to aid an officer.
Aperson who, when ordered by a law enforce-
ment officer to assist the officer in the execution
of the officer’s duties, knowingly and intention-
ally, and without reasonable cause, refuses to
assist commits refusal to aid an officer, a Class B
misdemeanor.
35-44.1-3-4. Escape; Failure to return to
lawful detention.
(a) Aperson, except as provided in subsection
(b), who intentionally flees from lawful detention
commits escape, a Level 5 felony. However, the
offense is a Level 4 felony if, while committing
it, the person draws or uses a deadly weapon or
inflicts bodily injury on another person.
(b) A person who knowingly or intentionally
violates a home detention order or intentionally
removes an electronic monitoring device or GPS
tracking device commits escape, a Level 6 felony.
(c) A person who knowingly or intentionally
fails to return to lawful detention following tem-
porary leave granted for a specified purpose or lim-
ited period commits failure to return to lawful
detention, a Level 6 felony. However, the offense
