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Bill Watch, March 6, 2015: Current Criminal Justice Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Mar 6, 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.

HB1068 BACKGROUND CHECKS. (THOMPSON J) Makes changes to the definition of an "expanded criminal history check", which is required for employment at a school. Provides that an employee of a school corporation, charter school, or an accredited nonpublic school must receive an expanded criminal history check every five years.

HB1119 RECEIPT OF GIFT BY PERMITTEE. (STEUERWALD G) Removes a provision that increases the penalty for an alcoholic beverage retailer or dealer to accept a gift from an alcoholic beverage manufacturer or other permittee from a Class A misdemeanor to a Level 6 felony if the value of a gift is at least $750. 

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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