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Bill Watch, Jan. 30, 2015: Current Criminal Justice Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Jan 30, 2015

The IndyBar Legislative Committee is currently monitoring the following criminal law related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Lawren Mills at lawren.mills@icemillerstrategies.com.

Click here to view the full Bill Watch reports.

HB1006 CRIMINAL JUSTICE FUNDING. (STEUERWALD G) Provides that the Indiana judicial center shall administer, in consultation with the department of correction, the state grants to counties for community corrections programs. Creates the justice reinvestment community grants program (program). Provides that the Indiana judicial center shall develop and administer the program. Provides that the board of directors of the judicial conference shall promulgate rules for the program. Provides that the Indiana judicial center shall award grants: (1) to assist with the establishment and maintenance of community corrections programs in each county by 2020; (2) to assist communities and counties to develop and maintain alternatives to incarceration that are needed in the applicable community or county; and (3) to reduce recidivism. Provides that the Indiana judicial center shall monitor other state programs that provide funding to programs that are alternatives to incarceration. Requires the Indiana judicial center to create reports on the program and other state funding of programs that are alternatives to incarceration. Provides that there is an annual appropriation of $50,000,000 to the program.

HB1059    DELINQUENT ACTS. (WASHBURNE T) Provides that it is a delinquent act if a child leaves a specific location designated by the child's parent, guardian, or custodian. Expands the crime of false informing to include false reporting of an act that would be a crime if committed by an adult. Expands the crime of assisting a criminal to include assisting a person who committed an act that would be a crime if committed by an adult. Expands the crime of interference with the reporting of a crime to include giving false information in an investigation of an act that would be a crime if committed by an adult.

HB1086    MANDATORY FIREARMS ENHANCEMENT. (KIRCHHOFER C) Provides a mandatory sentencing enhancement of 20 years for a person who uses a firearm in the commission of an offense against a person.

HB1091    STATUTE OF LIMITATIONS FOR RAPE. (HALE C) Increases the statute of limitations to ten years for: (1) rape as a Level 3 felony (for an offense committed after June 30, 2014); (2) rape as a Class B felony (for an offense committed before July 1, 2014); and criminal deviate conduct as a Class B felony (for an offense committed before July 1, 2014).

HB1117    CREDIT TIME. (STEUERWALD G) Defines "accrued credit", "credit time", "educational credit", and "good time credit", and applies these definitions uniformly in the criminal code and the corrections code.

HB1132    JUVENILE JUSTICE EVALUATION COMMISSION. (PRYOR C) Establishes the juvenile justice evaluation commission to: (1) evaluate the juvenile justice laws of Indiana; and (2) make recommendations to the general assembly for modification of the juvenile justice laws, if the commission determines that changes are necessary or appropriate.

HB1133    COUNSEL FOR CHILDREN CHARGED WITH DELINQUENT ACTS. (PRYOR C) Provides that, unless or until a valid waiver of the right to counsel has been or is made, a court shall appoint counsel for a child charged with a delinquent act if certain circumstances apply. Establishes requirements for waiving the child's right to counsel. Allows a waiver of the child's right to counsel to be withdrawn at any time. (This bill codifies Rule 25 of the Indiana Rules on Criminal Procedure.)

HB1155    BATTERY ON A UTILITY WORKER. (MOSELEY C) Makes battery on a utility worker engaged in the execution of the utility worker's official duty a Level 6 felony instead of a Class B misdemeanor if the battery results in bodily injury to the utility worker and the utility worker was acting in the ordinary course of the utility worker's employment.

HB1223    SENTENCING. (HARMAN T) Changes the crime of voluntary manslaughter from a Level 2 felony to a Level 1 felony.

HB1252    SENTENCING FOR HABITUAL DRUG DEALERS. (MOED J) Provides that a person who is convicted of dealing certain drugs may be sentenced as a habitual drug dealer if the person has two prior unrelated convictions for dealing certain drugs.

HB1284 RACIAL PROFILING. (PRYOR C) Prohibits a law enforcement agency or officer from engaging in racial profiling or conducting pretextual stops. Requires a law enforcement agency to adopt a detailed policy that defines the elements of racial profiling and pretextual stops, and requires a law enforcement agency to collect certain data relating to stops made by law enforcement officers. Requires cultural diversity awareness training and training on unlawful racial profiling and pretextual stops as a part of the mandatory training for law enforcement officers. Specifies that a law enforcement agency shall transmit to the attorney general information concerning racial profiling complaints, investigations, and any action taken, as well as data collected relating to stops made by the law enforcement agency. Requires the attorney general to submit an annual report to the legislative council based on this information, to submit the data to a third party for statistical analysis, and to publish the results of the analysis on the attorney general's Internet web site. Establishes the racial profiling review commission to review complaints of unlawful racial profiling and unlawful pretextual stops. Permits a person to bring a civil action based on unlawful racial profiling and unlawful pretextual stops. Permits a law enforcement agency to use certain federal funds to purchase vehicle cameras and body cameras, and establishes training standards and standards for use.

HB1295 CRIMINAL LAW ISSUES. (WESCO T) Provides that a defendant's bond will be automatically forfeited if a defendant fails to appear for court unless the court orders the defendant's bond to not be forfeited. Provides that a defendant's bond will be automatically forfeited if a defendant is charged with a new offense while out on bond unless the court orders the defendant's bond to not be forfeited. Requires a defendant serving a probationary term for domestic violence to surrender all firearms and gun permits to a specified law enforcement agency. Increases the penalty for voluntary manslaughter from a Level 2 felony to a Level 1 felony. Provides that the delivery of heroin to a user that results in the user's death is a Level 3 felony.

HB1299 SEXUAL ASSAULT AND DOMESTIC VIOLENCE. (OLTHOFF J) Repeals the sexual assault victim advocate standards and certification board. Creates the domestic violence and sexual assault prevention and treatment council (council). Provides that the council shall: (1) administer the sexual assault victims assistance account; (2) coordinate and monitor programs for state and federal funding concerning sexual assault, domestic violence and family violence prevention; and (3) make recommendations to the board of trustees of the criminal justice institute concerning certain grants or contracts involving sexual assault, domestic violence, and family violence prevention. Makes appropriations to the domestic violence prevention and treatment fund and the sexual assault victim's assistance account.

HB1301 CRIMINAL MISCHIEF. (MCMILLIN J) Increases from a Class B misdemeanor to a Level 6 felony the penalty for criminal mischief based on damaging or defacing the property of another, if the offense was committed while manufacturing or attempting to manufacture a controlled substance.
HB1302 EXPUNGEMENT. (MCMILLIN J) Provides that expungement provisions concerning an arrest that does not lead to a conviction also apply to criminal charges or juvenile delinquency allegations that do not lead to a conviction. Specifies that a person who files for expungement of an arrest, charge, or juvenile delinquency adjudication that did not lead to a conviction or juvenile delinquency adjudication may file the petition in a circuit or superior court. Specifies that a person who files a petition for expungement may not be required to pay a filing fee. Removes a requirement that bureau of motor vehicles records must be certified.

HB1302    EXPUNGEMENT. (MCMILLIN J) Provides that expungement provisions concerning an arrest that does not lead to a conviction also apply to criminal charges or juvenile delinquency allegations that do not lead to a conviction. Specifies that a person who files for expungement of an arrest, charge, or juvenile delinquency adjudication that did not lead to a conviction or juvenile delinquency adjudication may file the petition in a circuit or superior court. Specifies that a person who files a petition for expungement may not be required to pay a filing fee. Removes a requirement that bureau of motor vehicles records must be certified. Provides that, if a court has no discretion in granting an expungement petition, the prosecuting attorney is not required to inform the victim of the victim's rights. Provides that: (1) a hearing on a petition for expungement shall be held in open court; and (2) the petition and the order for expungement become confidential if the petition is granted and the order is issued by the court.

HB1304 VARIOUS CRIMINAL LAW ISSUES. (MCMILLIN J) Requires the criminal justice institute to track the number of direct file charges of juveniles in adult court. Requires custodial interrogations of juveniles to be recorded. Provides an exception if the interrogation occurs at the juvenile's school. Provides a process for funding appointed counsel for juveniles. Raises the ages for waiver of jurisdiction of juveniles to adult court. Defines "intellectual disability" and permits a person with an intellectual disability to participate in a forensic diversion program. Authorizes a prosecuting attorney to require a person participating in a prosecutorial diversion program to receive mental health treatment to reduce recidivism, and permits diversion and deferral fees to be used to fund mental health treatment programs to reduce recidivism. Permits a criminal court to appoint a court appointed special advocate to assist a person with an intellectual disability who is charged with a criminal offense. Changes the penalty of legend drug deception to a Class A misdemeanor. Removes the penalty for a subsequent conviction for possessing paraphernalia. Provides that a child who commits the delinquent act of running away may not be held in a juvenile detention facility. Provides that a juvenile shall not be shackled in court unless the court determines the juvenile is dangerous or potentially dangerous. Provides that the habitual offender enhancement may be suspended if the habitual offender is in a court approved substance abuse treatment program. Allows drug abusers or alcoholics charged with or convicted of certain felonies to request treatment for addictions. Provides that a convicted individual may be placed on probation if the individual requests to undergo substance abuse treatment. Provides for voluntary and involuntary treatment for drug addictions.

HB1328    LIENS ON REAL PROPERTY. (SLAGER H) Provides that if: (1) a person intends to acquire a lien on real property after June 30, 2015; and (2) there is no requirement under any other state law that the person or another person must notify the owner of the real property of the person's intention to acquire the lien; the person who wishes to acquire the lien must file a sworn statement and notice of the person's intention to acquire the lien in the county recorder's office of the county in which the real property is located. Requires the county recorder to: (1) record a copy of the statement and notice of intention in the appropriate record book of the county recorder's office; (2) send by first class mail a copy of the statement and notice of intention to the owner of the real property; and (3) collect a fee of $2 from the person who filed the statement and notice of intention for each statement and notice of intention that is sent by first class mail.

HB1330 BIAS MOTIVATED CRIMES. (PORTER G) Defines "bias motivated crime" as the crime of battery, aggravated battery, strangulation, kidnapping, criminal confinement, robbery, arson, criminal mischief, burglary, residential entry, criminal trespass, theft, criminal conversion, intimidation, harassment, or stalking if the person who commits the crime intentionally selects: (1) an individual against whom the crime was committed; or (2) any property damaged or otherwise affected by the crime; in whole or in part because of the actual or perceived race, color, religion, ethnicity, national origin, sexual orientation, gender, gender identity, or disability of the individual, another individual, or a group of individuals, whether or not the person's belief or perception was correct. Enhances the penalties for a crime one level if the crime is a bias motivated crime. Requires law enforcement officers to receive training in identifying, responding to, and reporting bias motivated crimes. Amends the law that requires law enforcement agencies to collect and report information concerning bias motivated crimes. Allows an individual who suffers a personal injury or property damage caused by the commission of a bias motivated crime to bring a civil action to recover damages, including punitive damages, from the person who committed the bias motivated crime.

HB1342 DOMESTIC VIOLENCE. (MACER K) Requires the criminal justice institute (institute) to compile information concerning crimes that involve domestic violence and submit the information to the National Incident-Based Reporting System maintained by the Federal Bureau of Investigation. Requires, instead of allows, the victim services division of the institute to make grants from the domestic violence prevention and treatment fund. Requires each county to establish and operate a domestic violence shelter in the county to assist victims of domestic violence in the county. Provides that, upon a finding of a violation of an order for protection concerning a victim of domestic or family violence, a court shall require the person who violated the order to wear a GPS tracking device. Requires a facility having custody of a person arrested for a crime of domestic violence to keep the person in custody for at least 24 hours instead of at least eight hours from the time of the person's arrest. Allows a sentencing court to consider as a mitigating factor the fact that a person who was convicted of: (1) a crime involving the use of force against another person; or (2) murdering another person; had been the victim of an act of domestic violence committed by the other person. Makes it a Class B misdemeanor for a person to knowingly or intentionally dismiss an employee, deprive an employee of employment benefits, or threaten such a dismissal or deprivation: (1) because the employee attended a court proceeding or participated in a law enforcement investigation related to a criminal case in which the employee is a crime victim or attended a court proceeding related to a civil case in which the employee is a victim of domestic or family violence; (2) because an order for protection has been issued on the employee's behalf; or (3) because the employee is a victim of family violence.

HB1343 RESTORATIVE JUSTICE. (MACER K) Specifies that a juvenile court may require, as part of: (1) a program of informal adjustment; or (2) a dispositional decree; that a delinquent child who has committed an act that would be a crime if committed by an adult participate in a restorative justice program.

HB1402 DRUG CRIME ENHANCEMENTS. (WASHBURNE T) Creates the crime of dealing in a controlled substance by a health care provider. Precludes certain defenses. Lists dealing in a schedule I, II, or III controlled substance as an enhancing circumstance for purposes of sentencing. Lists dealing in a controlled substance by a health care provider as an enhancing circumstance for purposes of sentencing.

HB1430 CRIMINAL ENHANCEMENTS FOR USING FIREARMS IN CRIMES. (LUCAS J) Permits a court to impose: (1) an additional fixed term of five to 20 years if a person uses a firearm in the commission of a felony; (2) an additional fixed term of up to 20 years if a person possesses a firearm while committing any offense; and (3) a subsequent additional fixed term of five years if the firearm is stolen. Specifies that a court may not impose two sentencing enhancements for possessing and using a firearm, but that the court may impose an additional enhancement if the firearm is stolen. Provides that the sentencing enhancements are nonsuspendible. Repeals an overlapping firearms enhancement provision.

HB1436 CRIMINAL LAW MATTERS. (DEVON D) Allows a county fiscal body to establish a mileage based service of process fee that is reasonably related to the expenses of serving process. Provides that, for the purpose of establishing or modifying the amount of bail, a defendant's dangerousness must be proved by a preponderance of the evidence. (Under current law, dangerousness must be proved by clear and convincing evidence.) Requires a court to immediately revoke bail if a defendant fails to appear at any stage of the proceedings and is charged with certain offenses. Specifies that "victim notification capabilities", with respect to a GPS tracking device, includes the ability of the device to notify a victim if the device comes within a specified distance of a receiver possessed by the victim. Authorizes a court to require the subject of a civil protection order to wear a GPS device with victim notification capabilities if it appears from the petition that domestic violence has occurred. Specifies the conditions under which removing a GPS tracking device constitutes the crime of escape. Increases the penalty for voluntary manslaughter to a Level 1 felony if it is committed with a deadly weapon.

HB1441    JURY DUTY DEFERRALS FOR POSTSECONDARY STUDENTS. (KLINKER S) Provides that a prospective juror who is a full-time student enrolled in and attending an approved postsecondary educational institution during an academic year shall be exempted from jury service until the end of the academic year if: (1) the prospective juror requests a deferral by notifying the jury administrator that the prospective juror is a full-time student enrolled in and attending an approved postsecondary educational institution; (2) the prospective juror provides proof to the jury administrator that the jury service will likely interfere with the prospective juror's class schedule during the academic year; and (3) the court determines that the prospective juror has demonstrated that a deferral until the end of the academic year is necessary due to likely interference with the prospective juror's class schedule during the academic year.

HB1529 STATUTORY CONSTRUCTION. (BORDERS B) Makes the intent element for a criminal act "knowingly or intentionally" if the statute defining the crime does not specify the required intent. Provides that operating while intoxicated and operating a motor vehicle while intoxicated are strict liability offenses.

HB1533 RAPE ISSUES. (HALE C) Provides that a person commits rape if the person engages in sexual activity without the affirmative, conscious, and voluntary agreement to engage in the sexual activity. Increases the minimum sentence for rape as a Level 3 felony to six years. Permits, for purposes of the public records law, a law enforcement agency to share certain information with a crime victim advocate without the agency losing the discretion to keep this information confidential from other persons requesting records.

HB1534 DOMESTIC BATTERY ENHANCEMENT. (HALE C) Raises the enhancement for domestic battery from a Level 6 felony to a Level 5 felony.

HB1563 REPORTING OF METHAMPHETAMINE OFFENSES. (WASHBURNE T) Requires courts to report methamphetamine related convictions to the state police department. Requires the state police department to report methamphetamine related convictions to the National Association of Drug Diversion Investigators so that stop sale alerts may be issued through the National Precursor Log Exchange to prevent individuals with methamphetamine related convictions from purchasing ephedrine or pseudoephedrine.

HB1584 SELF-DEFENSE AND DEFENSE OF THIRD PERSONS. (PORTER G) Specifies that a person is justified in using deadly force only if the person reasonably believes that force is necessary to prevent: (1) serious bodily injury to the person or a third person; or (2) the commission of a forcible felony. Specifies that a person is justified in using reasonable force, including deadly force, against another person if the person reasonably believes that the force is necessary to prevent or terminate the other person's: (1) unlawful entry of; or (2) attack on; the person's dwelling, curtilage, or occupied motor vehicle. Removes a provision that states a person does not have a duty to retreat before using deadly force.

HB1595 TRUANCY AND RUNAWAYS. (LAWSON L) Repeals provisions allowing juvenile courts to modify disposition orders concerning truancy and runaways.

HB1597 SEXUAL MISCONDUCT WITH A MINOR. (LAWSON L) Removes the defense to the crime of sexual misconduct with a minor that the accused person reasonably believed that the child was at least 16 years of age at the time of the conduct.

HB1602 METHAMPHETAMINE. (SMALTZ B) Makes: (1) dealing in methamphetamine a Level 4 felony instead of a Level 5 felony; and (2) possession of methamphetamine a Level 5 felony instead of a Level 6 felony; if the person who committed the felony has a prior conviction for dealing in certain controlled substances, the person committed the felony while in possession of a firearm, the person committed the felony in, on, or within 1,000 feet of school property or a public park while a person under 18 years of age was reasonably expected to be present, the person who committed the felony delivered or financed the delivery of the drug to a person under 18 years of age and at least three years junior to the person, the person who committed the felony manufactured or financed the manufacture of the drug, or the person committed the offense in the physical presence of a child less than 18 years of age, knowing that the child was present and might be able to see or hear the offense. Makes materials, compounds, mixtures, and preparations that contain ephedrine or pseudoephedrine schedule IV controlled substances subject to being dispensed only by a prescription until July 1, 2018. Provides that a drug containing ephedrine or pseudoephedrine may be sold by a pharmacy or NPLEx retailer to an individual without a prescription during any 365 day period if the individual has obtained drugs that contain not more than 9.6 grams of ephedrine or pseudoephedrine, or both, during the 365 day period. Prohibits a person from purchasing drugs containing more than 9.6 grams of ephedrine or pseudoephedrine, or both, in a 365 day period without a prescription. Provides that, after June 30, 2016, a pharmacy or NPLEx retailer may not sell a drug that contains the active ingredient of ephedrine, pseudoephedrine, or both, under this section unless the individual package that contains the drug has a unique serial number or other identifying code printed on the individual package by the manufacturer of the individual package. Makes possessing paraphernalia a Level 6 felony instead of a Class A misdemeanor if the person who committed the offense was in possession of methamphetamine or a chemical reagent or precursor while committing the offense. Provides that a person who: (1) has been convicted of possessing paraphernalia as a Level 6 felony because the person was in possession of methamphetamine or a chemical reagent or precursor while committing the offense; and (2) not later than seven years from the date the person was sentenced for the offense; knowingly or intentionally possesses ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated, commits possession of a precursor by a methamphetamine offender, a Level 6 felony. Makes conforming amendments.

SB6 POWDERED OR CRYSTALLINE ALCOHOL PROHIBITED. (ALTING R) Makes it a Class B infraction to possess, purchase, sell, offer to sell, or use powdered or crystalline alcohol. Establishes exceptions.

SB8 DEATH PENALTY AGGRAVATOR. (STEELE B) Makes a murder eligible for the death penalty if the murder involved decapitating or attempting to decapitate the victim while the victim was still alive.

SB9 SEARCHES OF PROBATIONERS AND PAROLEES. (STEELE B) Provides that a probationer or parolee may be subject to search or seizure by a law enforcement officer at any time, as long as the search or seizure is not arbitrary, capricious, or conducted solely for the purpose of harassment.

SB31 TRANSPORTATION CORRIDOR DEVELOPMENT. (ZAKAS J) Requires the Indiana department of transportation (INDOT) to take certain actions to develop the transportation corridor between St. Joseph County and Marion County. Requires INDOT to submit an annual electronic report about the corridor development to the governor and members of the general assembly.

SB37 POSSESSION OF PARAPHERNALIA. (BRAY R) Excludes possession of rolling papers and raw materials from the crime of possession of paraphernalia, and removes possession of paraphernalia as an infraction. Makes the knowing or intentional possession of paraphernalia a Class C misdemeanor, and increases the penalty to a Class A misdemeanor if the person has a prior unrelated judgment or conviction. Makes it a Level 6 felony to possess a hypodermic needle with intent to commit a controlled substance offense. (Under current law, the offense only applies if committed with intent to violate the legend drug act). Specifies that the sentencing enhancement that applies to the legend drug act also applies to the new offense.

SB46 SELF DEFENSE. (BREAUX J) Specifies that a person is not justified in using force against another person if the person using force: (1) is the initial aggressor; (2) has reached a place of safety after escaping an attack and immediately returns to the location of the attack (unless the location is the person's property or residence); or (3) is pursuing an attacker or trespasser who has retreated and no longer presents a threat to the person.

SB61 PERMANENT DISABILITY SENTENCING ENHANCEMENT. (KRUSE D) Defines "permanent disabling harm" and permits imposition of a nonsuspendible sentencing enhancement of five to 10 years if the state proves that a person committed a felony that caused a person to suffer permanent disabling harm.

SB105 EXPUNGEMENT. (STEELE B) Provides that expungement provisions concerning an arrest that does not lead to a conviction also apply to criminal charges or juvenile allegations that do not lead to a conviction. Provides that a person who files for the expungement of an arrest, criminal charge, or juvenile allegation that did not lead to a conviction is not required to pay a filing fee. Specifies that a person who files a petition for expungement may not be required to pay a filing fee. Removes a requirement that bureau of motor vehicles records must be certified.

SB136 DEATH SENTENCE ELIMINATION AND LIFE IMPRISONMENT. (RANDOLPH L) Abolishes the death penalty. Repeals the law concerning the imposition and execution of death sentences and makes conforming amendments. Specifies that if a person was sentenced to death and is awaiting execution of the death sentence, the person's death sentence is commuted to a sentence of life imprisonment without parole. Provides that when a defendant is charged with a murder for which the state seeks a sentence of life imprisonment without parole, the defendant may file a petition alleging that the defendant is an individual with mental retardation. Provides that if a defendant who is determined to be an individual with mental retardation is convicted of murder, the court may sentence the defendant only to a fixed term of imprisonment. Makes technical corrections.

SB137 MAGISTRATES AND CRIMINAL TRIALS. (RANDOLPH L) Provides that, unless the defendant consents, a magistrate may not preside over a sentencing hearing if the magistrate did not preside over the criminal trial.

SB138 PROSECUTORIAL CONSENT WITH EXPUNGEMENTS. (RANDOLPH L) Requires a prosecuting attorney to file objections to an expungement petition with the court and serve a copy on the petitioner. Provides that the court shall set a hearing regarding the objections if the court finds there is just cause to the objections.

SB174 SENTENCE MODIFICATION. (YOUNG R) Makes a person sentenced before July 1, 2014, eligible for sentence modification on the same terms as a person sentenced on or after that date.

SB175 CREDIT TIME. (YOUNG R) Defines "accrued credit", "credit time", "educational credit", and "good time credit", and applies these definitions uniformly in the criminal code and the corrections code.

SB192 ANIMAL FIGHTING CONTESTS. (ARNOLD J) Makes attending an animal fighting contest a Level 6 felony. Repeals the law that makes it cruelty to an animal, a Class A misdemeanor, for a person to attend a fighting contest involving animals.

SB223 RAPE PENALTY. (CRIDER M) Increases the penalty for rape without an enhancement to a Level 2 felony.

SB236 AUTOMATED LICENSE PLATE READERS. (SMITH J) Prohibits a law enforcement agency from retaining license plate data captured by an automated license plate reader unless: (1) a comparison of the captured plate data with a data base shows that the data is relevant to an ongoing criminal investigation, the location of a missing person or a fugitive from justice, or the commission of a crime; (2) the person in whose name the license plate was issued requests retention of the data; or (3) the data was obtained under a warrant.

SB255 BAIL. (DELPH M) Provides that, if a court admits a defendant to bail, the court may require the defendant to do one of the following as selected by the defendant: (1) Execute a bail bond with sufficient solvent sureties. (2) Deposit cash or securities in an amount equal to the bail. (3) Execute a bond secured by real estate in the county, where thirty-three hundredths of the true tax value less encumbrances is at least equal to the amount of the bail. (4) Execute a bail bond by depositing cash with the clerk of the court in an amount not less than 15% of the bail. Provides that, if a defendant: (1) was admitted to bail by depositing cash or securities; and (2) has failed to appear before the court as ordered; the court shall declare the bond forfeited 120 days after the defendant's failure to appear and issue a warrant for the defendant's arrest. Specifies that, under the law concerning bail and bail procedure, a court: (1) may declare a bond forfeited only if a defendant fails to appear before the court as ordered; and (2) may not declare a bond forfeited because the defendant fails to perform any other condition of bail. Makes conforming amendments.

SB261 APPEALS BY THE ATTORNEY GENERAL. (YOUNG R) Specifies the circumstances under which the state can appeal in criminal and juvenile delinquency cases.

SB274 CRIMES OF VIOLENCE AND SURETY BONDS. (MERRITT J) Provides that if a person charged with a crime of violence is admitted to bail, the person: (1) shall be admitted to bail by executing a bail bond with sufficient solvent sureties, depositing cash or securities in an amount equal to the bail, executing a bond secured by certain real estate, or posting a real estate bond; and (2) may not be admitted to bail under the statute that allows admission to bail by executing a bail bond by depositing cash or securities in an amount not less than 10% of the bail.

SB275 PENALTIES FOR CONTROLLED SUBSTANCE OFFENSES. (MERRITT J) Increases the penalties for the following controlled substance offenses: (1) Dealing in cocaine or a narcotic drug. (2) Dealing in methamphetamine. (3) Dealing in a schedule I, II, III, IV, or V controlled substance. (4) Dealing in a substance represented to be a controlled substance. (5) Dealing in a counterfeit substance. (6) Dealing in marijuana, hash oil, hashish, or salvia. (7) Dealing in a synthetic drug or synthetic drug lookalike substance. Makes conforming amendments.

SB278 DRUG DEALING AND VIOLENT CRIMES. (MERRITT J) Increases the penalty for dealing certain drugs by one level, and raises the minimum amount for sentence enhancement from one gram to three grams. Removes the requirement that possession with intent to deliver be based on evidence in addition to the weight of the drug. Makes manufacturing hash oil a Level 4 felony if the manufacture results in a fire or explosion that causes serious bodily injury to another person. Increases the penalty for dealing in a counterfeit substance if the person represents the substance to be cocaine, methamphetamine, LSD, or a schedule I or II narcotic drug. Adds unlawful possession of a firearm by a serious violent felon to the definition of "crime of violence". Makes conforming amendments.

SB279 THREATS AND GUN VIOLENCE. (MERRITT J) Provides that a juvenile court does not have jurisdiction over an individual: (1) at least 14 years of age who carries a handgun without a license; or (2) who uses a firearm in the commission of an offense. Makes communicating a threat with the intent to cause the evacuation of school property or a hospital a Level 6 felony. (Under current law, the offense is a Class A misdemeanor.) Adds unlawful possession of a firearm by a serious violent felon to the definition of "crime of violence". Provides that a person who uses a firearm to commit certain offenses may be sentenced to an additional term of 20 years. (Under current law, the person may be sentenced to an additional term of five to 20 years.)

SB287 EXPUNGEMENT. (YOUNG R) Provides that expungement provisions concerning an arrest that does not lead to a conviction also apply to criminal charges or juvenile delinquency allegations that do not lead to a conviction or juvenile delinquency adjudication. Provides that a person who files for the expungement of an arrest, criminal charge, or juvenile delinquency allegation that did not lead to a conviction or juvenile delinquency adjudication is not required to pay a filing fee. Specifies that a person who files a petition for expungement is not required to pay a filing fee. Removes a requirement that the petitioner submit bureau of motor vehicles records. Requires that additional identifying information must be included in a petition for expungement and order granting an expungement. Specifies the procedure for expunging pre-1977 convictions. Specifies that the restoration of civil rights due to expunging a conviction does not affect the right to possess a firearm under federal law.

SB313 DEFINITION OF "SEXUAL CONDUCT". (HEAD R) Adds exhibition of the female breast to the definition of "sexual conduct" for purposes of the law concerning child exploitation and child pornography.

SB314 CHILD EXPLOITATION AND CHILD PORNOGRAPHY. (HEAD R) Provides that for purposes of the elements of the crimes of: (1) child exploitation; and (2) possession of child pornography; sexual conduct includes the exhibition of the female breast with less than a fully opaque covering of any part of the nipple.

SB341 LOST PERSONAL PROPERTY SUBMITTED TO POLICE. (ROGERS E) Establishes a method for an individual who comes into possession of tangible personal property, except firearms, or cash that the individual: (1) does not own; and (2) submits to a law enforcement agency; to become the rightful owner of the tangible personal property or cash. Prohibits a law enforcement agency from turning over possession of tangible personal property or cash submitted to the law enforcement agency to any person if the tangible personal property or cash is: (1) needed as evidence in an ongoing criminal investigation; (2) dangerous; or (3) unusable.

SB363 CHILD MOLESTING. (BRODEN J) Defines "dangerous sexually transmitted disease" and increases the penalty for child molesting from a Level 3 felony to a Level 1 felony if the offense results in the transmission of a dangerous sexually transmitted disease.

SB367 CONDITIONS OF PROBATION FOR CERTAIN SEX OFFENDERS. (WALTZ B) Provides that as a condition of probation for a sex offender who is a sexually violent predator or an offender against children, the court shall prohibit contact with juveniles.

SB377    ELIMINATION OF GRAND JURIES. (DELPH M) Abolishes the grand jury. Makes conforming amendments, and repeals superseded provisions. Makes technical corrections.

SB385 MURDER SENTENCING; AGGRAVATING CIRCUMSTANCE. (HERSHMAN B) Provides that, if the state seeks either a death sentence or a sentence of life imprisonment without parole for a defendant who committed murder, it is an aggravating circumstance if the defendant knowingly or intentionally: (1) committed the murder in or on real property owned or rented by a preschool program, an elementary school, or a secondary school; or (B) committed the murder in a building or other structure owned or rented by a state college or university or any other public or private postsecondary educational institution or on the grounds adjacent to and owned or rented in common with the building or other structure.

SB388    SEIZURE AND FORFEITURE OF PROPERTY. (HERSHMAN B) Provides that when property is seized under the law concerning forfeiture of property used in violation of certain criminal statutes, the state or local law enforcement agency making the seizure shall: (1) identify the owner of the property; and (2) provide the owner with notice of the intent of the state or local unit of government to seek forfeiture of the property. Provides that if notice is not provided, the seized property shall be returned to the owner unless good cause for the delay can be established by the law enforcement agency. Requires a prosecuting attorney to show by clear and convincing evidence that the owner of a vehicle knew or had reason to know that the vehicle was being used in the commission of an offense before the vehicle may be forfeited. Provides that if real property that is used as a primary residence is seized, a prosecuting attorney must establish that the owner of the realproperty was convicted of an offense before the real property may be forfeited. Establishes a rebuttable presumption that if property seized is currency totaling not more than $1,000, the currency: (1) was not used or intended to be used in furtherance of an offense; or (2) is not the proceeds of an offense. Allows a prosecuting attorney to rebut this presumption by a show of clear and convincing evidence. Provides an affirmative defense to a forfeiture action if the owner of property can show by a preponderance of the evidence that: (1) the owner took reasonable actions to prevent the commission of an offense; or (2) the owner did not take action to prevent the commission of an offense because the owner reasonably believed that to have done so would have placed the owner or another person in physical danger. Establishes a rebuttable presumption that property is not subject to forfeiture if: (1) an owner acquired the property after the commission of an offense; and (2) the owner did not know or had no reason to know of the involvement of the property in the offense. Allows a prosecuting attorney to rebut this presumption by a show of clear and convincing evidence. Removes a provision that allows a law enforcement agency that seized forfeited property to use the property for not more than three years. Allows a court, on its own or on a motion made by the owner of property, to determine whether the forfeiture of the property would be disproportional to the offense that gave rise to the forfeiture. Requires the court to dismiss a forfeiture action if the court determines the forfeiture of the property is disproportional to the offense.

SB392 PATRONIZING A PROSTITUTE. (BREAUX J) Increases the penalty for patronizing a prostitute from a Class A misdemeanor to a Level 6 felony when the prostitute is less than 18 years of age.

SB396 CHILD EXPLOITATION. (HOUCHIN E) Increases the criminal penalty for: (1) the offense of child exploitation from a Level 5 felony to a Level 4 felony; (2) child exploitation involving a child less than 12 years of age from a Level 5 felony to a Level 3 felony; (3) possession of child pornography from a Level 6 felony to a Level 5 felony; and (4) possession of child pornography involving a child less than 12 years of age from a Level 6 felony to a Level 4 felony.

SB398 SCHOOL BUS STOP ARM VIOLATIONS. (BASSLER E) Provides that a law enforcement officer may arrest a person when the officer has probable cause to believe that the person has committed a misdemeanor by recklessly passing a school bus when the arm signal device of the bus is in the extended position. (Current law requires the officer to have probable cause to believe that the person is committing or attempting to commit the misdemeanor in the officer's presence.)

SB433    SHOTGUNS. (TOMES J) Repeals the prohibition against manufacturing, importing, selling, or possessing a sawed-off shotgun. Provides for a 10 year sentence enhancement if a person possesses a sawed-off shotgun in violation of federal law while committing certain offenses. Makes conforming amendments.

SB444 DRIVING WHILE INTOXICATED AND CHILD ENDANGERMENT. (KRUSE D) Provides that a court must order the installation of a certified ignition interlock device on a motor vehicle that is owned or expected to be operated by a person convicted of operating a motor vehicle while intoxicated while a passenger less than 18 years of age was present.

SB458 ELECTRONIC COMMUNICATIONS. (DELPH M) Provides that the definition of "electronic communication" includes metadata that relates to an electronic communication. Requires that the search or seizure of an electronic communication be specifically authorized by state law or a court order based on probable cause, even if the electronic communication is in the custody of a third party, and makes it a Level 5 felony to violate these requirements. Prohibits the state, state agencies, political subdivisions, and local units of government from: (1) assisting a federal agency that collects an electronic communication unless authorized by state law or a court order based on probable cause; and (2) using information that relates to an electronic communication in an investigation or a criminal prosecution if the information was obtained from a federal agency that collected the electronic communication without authorization from state law or a court order based on probable cause. Makes knowingly or intentionally: (1) assisting a federal agency that collects electronic communications without authorization from state law or a court order based on probable cause; or (2) using information obtained from a federal agency that collects electronic communications without authorization from state law or a court order based on probable cause in a criminal investigation or prosecution; a Level 5 felony. Prohibits a law enforcement agency or governmental entity from using a real-time tracking device unless: (1) use of the device is required as a condition of bail or court ordered supervision; (2) the owner of the tracking device consents; (3) use of the device is authorized by a court order based on probable cause; or (4) exigent circumstances exist.

SB519 STATUTE OF LIMITATIONS ON RAPE. (MRVAN F) Eliminates the statute of limitations for rape.

SB522 SERIOUS SEX OFFENDERS. (MRVAN F) Defines "serious sex offender". Makes entry on school property by a serious sex offender a Level 6 felony. Provides that a serious sex offender is entitled to vote by mail. Requires a circuit court clerk to, before an election, notify a serious sex offender whose polling place is located on school property: (1) that a serious sex offender who knowingly or intentionally enters school property commits unlawful entry by a serious sex offender, a Level 6 felony; and (2) of other voting alternatives. Provides that a circuit court clerk may arrange transportation to a clerk's office, satellite office, or vote center for a serious sex offender whose polling place is located on school property. Requires the department of correction to inform a serious sex offender at the time of discharge from the department: (1) that a serious sex offender who knowingly or intentionally enters school property commits unlawful entry by a serious sex offender, a Level 6 felony; and (2) of voting options for the serious sex offender.

SB535    VOTER IDENTIFICATION NUMBER. (YOUNG R) Requires an application for an absentee ballot to instruct a voter that the voter must provide the voter's voter identification number on the application. Requires that the form must inform the voter that the voter can access the online statewide voter registration system or call a telephone number provided on the form to find the voter's voter identification number. Requires that the online voter registration system must enable a voter (regardless of how the voter registered to vote) to recover the voter's voter identification number. Requires the secretary of state to mail to each Indiana voter during 2016 information telling the voter: (1) the voter's voter identification number; (2) that a voter must provide the voter's voter identification number on an absentee ballot application; (3) how a voter may subsequently find the voter's voter identification number from the statewide voter registration system; and (4) any other information the secretary of state considers useful to educate voters about voter identification numbers or absentee voting.

SB541 SENTENCE MODIFICATION. (HOUCHIN E) Provides that a court may not modify the sentence of a person convicted of a crime of violence, and specifies that a person seeking to modify the sentence of a crime committed before July 1, 2014, may only do so by using the version of the sentence modification statute that was in effect on June 30, 2014.

SB559 CRIMES OF VIOLENCE. (YOUNG R) Adds unlawful possession of a firearm by a serious violent felon to the definition of "crimes of violence". Establishes new caps for consecutive sentences that result from a single episode of criminal conduct. Defines "emergency medical services provider". Establishes a 20 year sentencing enhancement for a person who points or discharges a firearm at a law enforcement officer. Makes technical corrections.

SB565 USE OF DNA EVIDENCE. (ZAKAS J) Requires: (1) every individual arrested after June 30, 2015, for burglary, residential entry, a crime of violence, or a sex offense; and (2) a child found to be a delinquent child for the commission of an act that, if committed by an adult, would be burglary, residential entry, a crime of violence, or a sex offense; to provide a DNA sample. Provides for the expungement of a DNA sample taken from an individual if: (1) the individual is acquitted of all felony charges; (2) all burglary, residential entry, crime of violence, and sex offense charges are dismissed; or (3) no charges have been filed after 30 days. Requires an officer, employee, or designee who obtains a DNA sample to inform the individual of the right to DNA expungement and to provide the individual with a form that may be used for DNA expungement. Increases the DNA sample processing fee from $2 to $4. Allocates $500,000 semiannually to hold harmless all funds and to provide an additional amount to the DNA processing fund. Specifies that the discovery of previously unknown crimes committed by an individual on bail may lead to revocation of bail or an increase in the amount of bail.

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