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Bill Watch, Jan. 7, 2016: Current Criminal Justice Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Jan 7, 2016

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

Click here to view the full Bill Watch reports.

HB1013    PROVISION OF GEOLOCATION INFORMATION TO LAW ENFORCEMENT. (KOCH E) Provides that, upon the request of a law enforcement agency, a provider of electronic communications services used by an electronic device is required to provide geolocation information concerning the electronic device to the law enforcement agency: (1) to allow the law enforcement agency to respond to a call for emergency services; or (2) in an emergency situation that involves the risk of death or serious bodily injury to an individual. Specifies that a law enforcement agency may make a request for geolocation information without first obtaining a search warrant or another judicial order that would otherwise be required to obtain the geolocation information. Requires a provider of electronic communications services used by electronic devices to submit the provider's emergency contact information to the state police department for placement in a data base to facilitate requests for geolocation information made by law enforcement agencies.

HB1015    DNA SAMPLES FROM FELONY ARRESTEES. (BAUER B) Requires every person arrested for a felony after June 30, 2016, to submit a DNA sample, and specifies that the sample may be obtained only by buccal swab. Provides for the expungement of a DNA sample taken from a person if the person is acquitted of all felony charges, all felony charges are dismissed, or no charges have been filed after 30 days. Requires the officer who obtains a DNA sample from a person to inform the person of the right to DNA expungement and to provide the person with a form that may be used for DNA expungement, and permits the use of evidence other than a court order for 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 DNA evidence tending to show previously unknown crimes committed by a person on bail may lead to revocation of bail or an increase in the amount of bail.

HB1027    RACIAL PROFILING. (PRYOR C) Prohibits a law enforcement agency or a law enforcement 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 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: (1) submit an annual report to the legislative council based on the information; (2) submit the data to a third party for statistical analysis; and (3) 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.

HB1028    HUMAN AND SEXUAL TRAFFICKING. (TRUITT R) Makes it visiting a common nuisance, a Class A misdemeanor, for a person to knowingly or intentionally visit a building, structure, vehicle, or other place with the intent to violate certain laws concerning human and sexual trafficking. Makes it maintaining a common nuisance, a Level 6 felony, for a person to knowingly or intentionally maintain a building, structure, vehicle, or other place that is used one or more times to violate certain laws concerning human and sexual trafficking.

HB1051    ORGANIZED RETAIL THEFT. (STEUERWALD G) Makes it organized retail theft, a Level 5 felony, for a person: (1) to knowingly: (A) take, procure, receive, conceal, or otherwise exercise control over the personal property of a retail merchant; or (B) use an artifice, an instrument, a container, a device, or another article to facilitate taking, procuring, receiving, concealing, or exercising control over the personal property of a retail merchant; without the consent of the retail merchant or without paying the appropriate consideration for the personal property; and (2) with the intent to sell, deliver, or distribute the personal property to another person. Allows property with a retail or repurchase value of at least $100 that is stolen during the commission of the crime of organized retail theft to be seized and forfeited under the law concerning forfeiture of property used in violation of certain criminal statutes. Allows a victim of the crime of organized retail theft to receive treble damages in a civil action concerning the crime. Adds organized retail theft to the list of crimes considered racketeering activity under the law concerning racketeer influenced and corrupt organizations.

HB1055    POSSESSION OF FIREARMS ON STATE PROPERTY. (LUCAS J) Prohibits a state agency, including a state supported college or university, from regulating the possession or transportation of firearms, ammunition, or firearm accessories: (1) on land that is; or (2) in buildings and other structures that are; owned or leased by the state. Provides for certain exceptions. Voids, as of July 1, 2016, any rules or policies enacted or undertaken by a state agency before, on, or after June 30, 2016, concerning possession or transportation of firearms, ammunition, or firearm accessories on land or in structures owned or leased by the state. Allows a person to bring an action against a state agency if the person is adversely affected by a rule, a measure, an enactment, or a policy of the state agency that violates this law.

HB1069    NO CONTACT ORDERS AND BATTERY. (ZENT D) Allows a petition to be filed with the juvenile court to order a person to refrain from contact with a member of a foster family home. Makes battery a Level 6 felony if the offense is committed against a member of a foster family home by a relative of a person living in the foster family home.

HB1079    SINGLE SEX FACILITY TRESPASS. (HARMAN T) Makes it a Class B misdemeanor if: (1) a male knowingly or intentionally enters a single sex facility that is designated to be used only by females; or (2) a female knowingly or intentionally enters a single sex facility that is designated to be used only by males. Provides defenses to the crime.

HB1102    CRIMINAL JUSTICE MATTERS. (STEUERWALD G) Requires the commissioner of correction to coordinate with the division of mental health and addiction when issuing community corrections and court supervised recidivism reduction program grants. Requires collaboration among: (1) the probation department; (2) the community corrections program; and (3) any other local criminal justice agency that receives funding from the department of correction; when creating a community corrections plan. Encourages counties to include the courts, prosecuting attorneys, public defenders, and sheriffs when creating a community corrections plan. Provides that mental health and forensic addiction treatment services shall be made available to individuals who: (1) have been charged with a felony offense; or (2) have a prior felony conviction; if the individuals are eligible for placement with a pretrial services program, community corrections program, prosecuting attorney's diversion program, or jail.

SB14    CHILD EXPLOITATION AND CHILD PORNOGRAPHY. (HEAD R) Makes the offense of child exploitation a Level 4 felony instead of a Level 5 felony if the offense depicts or describes a child less than 18 years of age who: (1) engages in bestiality; (2) is mentally disabled or deficient; (3) participates in the sexual conduct, matter, performance, or incident by use of force or the threat of force; (4) physically or verbally resists participating in the sexual conduct, matter, performance, or incident; or (5) receives a bodily injury while participating in the sexual conduct, matter, performance, or incident. Makes the offense of possession of child pornography a Level 5 felony instead of a Level 6 felony if the offense depicts or describes sexual conduct by a child who the defendant knows is less than 18 years of age, or who appears to be less than 18 years of age, who: (1) engages in bestiality; (2) is mentally disabled or deficient; (3) participates in the sexual conduct by use of force or the threat of force; (4) physically or verbally resists participating in the sexual conduct; or (5) receives a bodily injury while participating in the sexual conduct. Adds the crime of child exploitation to the definition of "crime of violence" for purposes of the law concerning a court's determination whether terms of imprisonment should be served concurrently or consecutively. (A person who commits a "crime of violence" may receive a longer sentence.) Makes conforming amendments.

SB25    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.

SB69    IGNITION INTERLOCK PROGRAM. (KRUSE D) Requires the Indiana criminal justice institute (institute) to adopt rules concerning ignition interlock devices. Requires the institute, the bureau of motor vehicles, the state department of toxicology, and the state police department to enter into a memorandum of understanding regarding ignition interlock devices.

SB89    LIFELINE LAW. (MERRITT J) Specifies that a law enforcement officer may not arrest a person less than 21 years of age for an offense involving possession of paraphernalia or a controlled substance if the officer's contact with the person was due to the reporting of a medical emergency and certain other conditions are met. Specifies that the arrest and criminal immunity provisions of the lifeline law apply to: (1) a person requiring medical attention; and (2) a person who owns the property where the medical emergency occurs. (Under current law, the arrest and immunity provisions apply only to persons who report the medical emergency or assist in reporting the emergency.) Adds: (1) unlawfully furnishing alcohol to a minor; (2) unlawfully providing a location for a minor to consume alcohol; and (3) for a person less than 21 years of age, unlawful possession of paraphernalia or a controlled substance; to the offenses for which a person to whom the lifeline law applies cannot be prosecuted. Repeals an obsolete provision.

SB90    JUVENILE RELEASE BY INTAKE OFFICERS. (ZAKAS J) Allows an intake officer to impose conditions upon the release of a child who was not taken into custody under an order of the court.

SB97    BATTERY ON A SPORTS OFFICIAL. (ALTING R) Provides that battery on a certified athletic official is a Class A misdemeanor.

SB120    DISCLOSURE OF EXCULPATORY EVIDENCE. (RANDOLPH L) Creates the crime of criminal concealment of evidence. Provides that a prosecuting attorney who knowingly or intentionally: (1) withholds; (2) destroys; or (3) fails to disclose the existence of; new, material, or credible evidence creating a reasonable possibility that a convicted defendant did not commit the offense for which the defendant was convicted, commits the crime of criminal concealment of evidence, a Level 6 felony. Creates a good faith exception for the crime of criminal concealment of evidence. Provides that a prosecuting attorney shall: (1) disclose exculpatory evidence to the defendant or defense attorney of record; (2) undertake further investigation to determine whether a defendant is guilty of the offense committed; and (3) remedy an erroneous conviction in certain instances. Requires the attorney general's office to investigate and prosecute allegations of criminal concealment of evidence. Provides the attorney general with certain powers to assist with the investigation and prosecution of criminal concealment of evidence. Allows the attorney general to criminally prosecute claims alleging criminal concealment of evidence. Allows the attorney general to request the assistance of a special prosecutor when prosecuting an allegation of criminal concealment of evidence. Specifies that a prosecuting attorney's existing pretrial discovery obligations regarding exculpatory evidence are not superseded or modified.

SB123    SEIZURE AND FORFEITURE OF PROPERTY USED IN CRIMES. (RANDOLPH L) 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. Requires a prosecuting attorney to show by clear and convincing evidence that the owner of the property was: (1) convicted of; or (2) entered a plea of guilty or nolo contendere to; the offense that gave rise to the forfeiture before the property may be forfeited. Allows the owner of, or another putative interest holder in, property seized to file a motion for the hardship release of the property at any time after the property is seized. Requires the court to order the release of the seized property if the owner or putative interest holder establishes certain criteria by a preponderance of the evidence. Requires a court to determine whether the forfeiture of the property would be disproportional to the offense that gave rise to the forfeiture. Provides that the prosecuting attorney has the burden of establishing proportionality by clear and convincing evidence. Requires the court to dismiss a forfeiture action if the court determines the forfeiture of the property is disproportional to the offense.

SB131    DEPARTMENT OF CHILD SERVICES REPORTING. (BRODEN J) Defines "life threatening" as a condition that: (1) is categorized as "serious" or "critical" in patient hospital records; or (2) results in critical care treatment for at least 24 hours following a child's admission to a critical care unit. Changes the definition of "near fatality", for purposes of the law concerning records relating to a child's death or near fatality, to a severe childhood injury or condition that is certified by a physician as being life threatening. Urges the legislative council to assign to the interim study committee on public health, behavioral health, and human services or another appropriate interim study committee the topics of medical records confidentiality and medical records disclosure in instances of child abuse or neglect.

SB137    STATUTE OF LIMITATIONS ON RAPE. (MRVAN F) Eliminates the statute of limitations for rape. Makes conforming amendments.

SB141    CRIMINAL GANG ACTIVITY. (YOUNG R) Changes the term "criminal gang" to "criminal organization". Provides that a criminal organization is a group organized to commit a crime. (Under current law, a criminal gang is a group organized to commit a felony.) Increases the penalty for assisting a criminal to a Level 6 felony if the person who commits the offense or the person assisted is a member of a criminal organization. Makes criminal organization activity a Class A misdemeanor, increases the penalty to a Level 6 felony if the person has a prior unrelated conviction for the offense, and increases the penalty to a Level 5 felony if the person commits an offense involving the unlawful use of a firearm. Specifies certain additional evidence that the trier-of-fact may consider in determining whether a person has committed specified offenses involving criminal organizations.

SB142    DOC COMMITMENTS AND MOTORBOAT OWI. (YOUNG R) Provides that a person convicted of a Level 6 felony may be committed to the department of correction (DOC) if the person has received an enhanced sentence for being a habitual vehicular substance offender. Provides that a person who operates a motorboat while intoxicated (motorboat OWI) shall receive an enhanced penalty if the person has a previous conviction under a repealed version of the crime.

SB155    BAIL PROCEDURES. (STEELE B) Requires a court to release a defendant whose most serious charge is a misdemeanor or a Level 6 felony on the defendant's own recognizance unless the defendant: (1) is charged with a crime of domestic violence, a violent crime, or a sex offense; (2) has previously failed to appear before the court as ordered; (3) is a sex or violent offender; (4) has been convicted of a misdemeanor within the previous five years or of a Level 6 felony within the previous 10 years; or (5) has been convicted of murder or a Level 5 or greater felony at any time.

SB166    VOLUNTARY MANSLAUGHTER. (ZAKAS J) Increases the penalty for voluntary manslaughter from a Level 2 felony to a Level 1 felony, if the offense is committed by means of a deadly weapon.

SB174    CONTROLLED SUBSTANCES AND PUBLIC SERVANT IMPERSONATION. (YOUNG R) Provides that a person who, with intent to: (1) defraud; or (2) induce compliance with the person's instructions, orders, or requests; falsely represents that the person is a public servant, commits impersonation of a public servant, a Class A misdemeanor. Creates the crime of dealing in a controlled substance by a health care provider. Precludes certain defenses. Lists dealing: (1) in a schedule I, II, or III controlled substance; or (2) in a controlled substance by a health care provider; as an enhancing circumstance for purposes of sentencing if use of the controlled substance causes the death of another person.

SB178    BATTERY AND NEGLECT OF A DEPENDENT. (MESSMER M) Increases the penalty for neglect of a dependent and battery if the crime is committed against an endangered adult or a person with a physical or mental disability.

SB183    FORECLOSURE MISCHIEF. (BRAY R) Provides that a person who knowingly or intentionally damages, permanently removes an object from, or defaces residential real property that is the subject of a foreclosure action commits a Class A misdemeanor, unless the damage, removal, or defacement was the result of repair, renovation, replacement, or maintenance performed in good faith.

SB185    CHILD EXPLOITATION. (HOUCHIN E) Increases the criminal penalty for the offense of: (1) 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.

SB191    USE OF DNA EVIDENCE. (ZAKAS J) Requires: (1) every individual arrested after June 30, 2016, 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.

SB198    DOMESTIC BATTERY. (CRIDER M) Removes the sentencing enhancement for battery committed against a family or household member in the presence of a child from the battery statute and places it in the domestic battery statute. Specifies that numerous provisions in the battery statute constitute domestic battery if they are committed against a family or household member. Makes conforming amendments.

SB207    DEALING IN COCAINE AND METHAMPHETAMINE. (MILLER P) Provides that a person who possesses at least 10 grams of cocaine, a narcotic drug, or methamphetamine may be convicted of possession with intent to deliver without additional evidence of intent. Makes dealing in cocaine, a narcotic drug, or methamphetamine a Level 2 felony if: (1) an enhancing circumstance applies; or (2) the drug, alone or in combination with alcohol or another drug, results in the death of any person. Makes Level 2 and Level 3 controlled substance offenses nonsuspendible if the person has a prior felony conviction. Creates a separate crime of manufacturing methamphetamine. Increases the penalty for manufacturing methamphetamine if the manufacture results in serious bodily injury to another person. (Under current law, the penalty increases only if the serious bodily injury is caused by an explosion.)

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