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Bill Watch, April 17, 2015: Current Criminal Justice Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Apr 17, 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.

HB1006CRIMINAL JUSTICE FUNDING. (STEUERWALD G) Permits the department of correction (department) to provide funding to a court for certain programs through a community corrections grant. Establishes the justice reinvestment advisory council to review and evaluate local corrections programs and the processes used to award grants. Requires the department to compile certain information and submit reports to the budget committee and justice reinvestment advisory council. Provides that counties or courts wishing to apply to the department for financial aid must apply through the community corrections advisory board. Specifies the purposes for which the department may award financial aid. Permits a residential work release facility to be physically connected to a jail if total separation between the facilities is maintained. Repeals the county corrections fund that provides funding to each county for operation of the county's jail, jail programs, or other local correctional facilities or community based programs. Establishes the mental health and addiction forensic treatment services account within the statutes governing the division of mental health and addiction (division), rather than the statutes governing corrections (under current law). Provides that the division may use money in the account to fund grants and vouchers for mental health and addiction forensic treatment services. Requires a probation officer to consult with community corrections in preparing the presentence report. Permits a court to delegate the terms of placement in community corrections to the community corrections program director, and permits the director to change the terms of placement or reassign a person in community corrections. Permits the sheriff to receive a community corrections grant as a per diem or as reimbursement for the medical expenses of an incarcerated person. Provides that after January 1, 2016, a court may not commit a person convicted of a Level 6 felony to the department of correction, with certain exceptions.

HB1068 BACKGROUND CHECKS. (THOMPSON J) Makes changes to the definition of an "expanded criminal history check", which is required for employment at a school.

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. 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, but that a person who files a petition for expungement of a conviction is required to pay the filing fee required in civil cases. 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. 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. Grants access to expunged records to the bureau of motor vehicles and certain federal agencies for the purpose of complying with laws concerning commercial drivers licenses. Specifies the procedure for expunging pre-1977 convictions. Requires a prosecuting attorney to file objections to an expungement petition with the court and serve a copy on the petitioner. Provides that a person convicted of: (1) two or more felony offenses involving the unlawful use of a deadly weapon; (2) that were not committed as part of the same episode of criminal conduct; may not have the person's convictions expunged.

HB1304 VARIOUS CRIMINAL LAW ISSUES. (MCMILLIN J) Requires the criminal justice institute to track the number of juveniles in adult court. Requires custodial interrogations of juveniles to be recorded. Raises the ages for waiver of jurisdiction of certain juveniles to adult court. Defines "intellectual disability", "developmental disability", and "autism spectrum disorder". Allows a person with an intellectual disability, developmental disability, or autism spectrum disorder 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 allows diversion and deferral fees to be used to fund mental health treatment programs to reduce recidivism. Allows a criminal court to appoint a forensic advocate to assist a person with an intellectual disability, developmental disability, or autism spectrum disorder who is charged with a criminal offense. Allows continuation of a prosecution for a person who is a drug abuser or an alcoholic charged with a misdemeanor or certain felonies. Provides that if a person is found to be a habitual offender and sentenced to an additional fixed term of imprisonment: (1) a court may suspend the additional term of imprisonment during the time the person is participating in a court approved substance abuse treatment program; and (2) if the person successfully completes the treatment program, the time the person spent in the treatment program is deducted from the person's additional fixed term of imprisonment. Provides that addiction counseling, inpatient detoxification, and the administration of a federal Food and Drug Administration (FDA) approved, nonaddictive medication for alcohol or opioid treatment, may be required to treat opioid or alcohol addiction as a condition of parole, probation, community corrections, pretrial diversion, or participation in a problem solving court. Provides that the division of mental health and addiction may consider the administration of an FDA approved, nonaddictive medication for alcohol or opioid treatment as an alternative to methadone treatment. Repeals provisions allowing juvenile courts to modify disposition orders concerning truancy and runaways. Makes it a delinquent act for a child to leave a specific location designated by the child's parent, guardian, or custodian: (1) without reasonable cause; and (2) without permission of the parent, guardian, or custodian, who requests the child's return. 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 restrained in court unless the court determines the juvenile is dangerous or potentially dangerous. 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. Allows an alcohol and drug services program or the clerk of a court to collect fees concerning court established alcohol and drug services programs. 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). Requires the division of mental health and addiction and the division of disability and rehabilitative services to submit a report to the legislative council concerning services for individuals with dual diagnosis. Makes technical corrections.

SB6 POWDERED OR CRYSTALLINE ALCOHOL. (ALTING R) Makes it a Class B infraction to possess, purchase, sell, offer to sell, or use powdered or crystalline alcohol. Establishes exceptions. Urges the legislative council to assign to the public policy interim study committee topics related to powdered or crystalline alcohol.

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.

SB137 TRIALS AND MAGISTRATES. (RANDOLPH L) Conforms Indiana statutes concerning the right to a jury trial in a criminal case with the provisions in the Indiana Rules of Criminal Procedure concerning waiver of the right to a jury trial. 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 who commits an offense before July 1, 2014, eligible for sentence modification on the same terms as a person sentenced on or after that date. Provides that a violent criminal, as defined, may file one petition for sentence modification without the consent of the prosecuting attorney if the petition is filed within 365 days of sentencing. Allows a person who is not a violent criminal to file two petitions for sentence modification without the consent of the prosecuting attorney. Allows certain offenders who committed an offense after June 30, 2014, and before May 15, 2015, to file an additional petition.

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.

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.

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 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 VARIOUS CRIMINAL LAW MATTERS. (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". Provides that a person is a habitual offender if the state proves the person has been convicted of three prior unrelated felonies of any level. Allows the state to seek to have a person who allegedly committed a felony or misdemeanor, other than certain offenses, sentenced to an additional fixed term of imprisonment of between five and 20 years 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. Makes technical corrections.

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