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Bill Watch, Feb. 1, 2016: Current Criminal Justice Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Feb 1, 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   GEOLOCATION INFORMATION AND UNMANNED AERIAL VEHICLES. (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 if obtaining the search warrant or other judicial order would cause an unreasonable delay in responding to a call for emergency services or an emergency situation. Provides that, if a law enforcement agency makes a request for geolocation information without first obtaining a search warrant or another judicial order, the law enforcement agency shall seek to obtain the search warrant or other judicial order issued by a court based upon a finding of probable cause that would otherwise be required to obtain the geolocation information not later than 72 hours after making the request for 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. Requires the state police department to: (1) maintain the emergency contact information submitted to the state police department by providers of electronic communication services; and (2) make the information immediately available to a state or local law enforcement agency. Allows the use of an unmanned aerial vehicle by a law enforcement officer or governmental entity without obtaining a search warrant if the law enforcement officer determines that the use of the unmanned aerial vehicle is required to obtain aerial photographs or video images of a motor vehicle accident site on a public street or public highway.

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 instead of a Class B misdemeanor if the offense is committed against a member of a foster family home by a person who is not a resident of the foster family home if the person who committed the offense is a relative of a person who lived in the foster family home at the time of the offense.

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) Allows the department of correction (department) to make grants to county jails and pretrial diversion programs for evidence based mental health and addiction forensic treatment services from funds appropriated to the department for the department's operating expenses for the state fiscal year. 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; 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.

HB1104 HARASSMENT. (HALE C) Makes it harassment, a Class B misdemeanor, for a person to, with intent to harass, annoy, defame, ridicule, or alarm another person but with no intent of legitimate communication: (1) make a telephone call, whether or not a conversation ensues; (2) communicate with a person by telegraph, mail, or other form of written communication; (3) transmit an obscene message, or indecent or profane words, on a Citizens Radio Service channel; or (4) use a computer network, a cellular or other wireless communications device, or other form of electronic communication to: (A) communicate with a person; (B) transmit an obscene message or indecent or profane words to a person; or (C) convey to a third person or post on the Internet a digital image or video of the other person that depicts the other person in a state of nudity or engaged in sexual conduct. Provides that if a person is convicted of harassment, the victim of the offense: (1) has a civil cause of action against the convicted person; and (2) may recover actual damages, equitable relief, including injunctive relief, punitive damages, reasonable attorney's fees and court costs, and any other relief a court considers proper from the convicted person in the civil action.

HB1105 PROSECUTIONS FOR RAPE AND CRIMINAL DEVIATE CONDUCT (HALE C) Specifies that certain exceptions to the statute of limitations for rape as a Level 3 felony also apply to rape as a Class B felony (for crimes committed before July 1, 2014). Provides that a prosecution for criminal deviate conduct as a Class B felony for an offense committed before the crime was repealed on July 1, 2014, that would otherwise be barred may be commenced not later than five years after the earliest of the date on which: (1) the state first discovers evidence sufficient to charge the offender with the offense through DNA analysis; (2) the state first becomes aware of the existence of a recording that provides evidence sufficient to charge the offender with the offense; or (3) a person confesses to the offense.

HB1106 CONSENT FOR ENGAGING IN SEXUAL ACTIVITY. (HALE C) Requires an accredited school, when providing instruction on human sexuality, to emphasize the necessity of obtaining consent from the other individual involved before engaging in any type of sexual activity.

HB1125    VIOLATIONS OF WILDLIFE PROTECTION LAWS. (GOODIN T) Makes it a Level 6 felony for a person to knowingly or intentionally kill a wild bird or wild mammal that is on the endangered species list. Makes it a Level 6 felony for a person to illegally take a deer or a wild turkey if the person has at least three prior unrelated convictions for illegally taking a deer or a wild turkey in the previous seven years. Increases the amount that a person must reimburse the state for unlawfully taking, possessing, or selling a deer or wild turkey for a third or subsequent violation. Increases the amount that a person must reimburse the state for unlawfully taking or possessing wildlife (other than a fish, deer, or wild turkey), and provides for increased reimbursement amounts for second and subsequent violations.

HB1126    PROPERTY TAX BENEFITS FOR VETERANS. (CARBAUGH M) Specifies that a county fiscal body may adopt an ordinance to authorize a total or partial property tax exemption for any of the following: (1) A homestead in the county that is owned by: (A) an individual (or surviving spouse of an individual) who served in the armed forces of the United States or in the national guard and was killed in action or died while on active duty; or (B) an individual who is receiving dependency indemnity compensation. (2) A homestead in the county that is owned by a disabled veteran, if the homestead was conveyed without charge to the owner by a tax exempt organization. (3) A homestead owned by a veteran who served during periods specified by the county fiscal body. Specifies that a county fiscal body may adopt an ordinance to do either of the following: (1) Eliminate or increase the assessed value cap on the property tax deduction for disabled veterans in the county. (2) Provide that the property tax standard deduction applies in the county to a homestead owned by a veteran serving out of state, even if that property is leased to another person.

HB1129    BOND. (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. Makes a technical correction.

HB1130    IGNITION INTERLOCK DEVICES. (WESCO T) Requires the 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.

HB1142    SENTENCE ENHANCEMENT FOR USE OF A FIREARM. (HAMM R) Requires the state to seek to have a person who allegedly committed a felony sentenced to an additional fixed term of imprisonment of 15 years if the state can show beyond a reasonable doubt that the person knowingly or intentionally used a firearm in the commission of the felony. Provides that, if the state proves beyond a reasonable doubt that the person knowingly or intentionally used a firearm in the commission of the felony, the court is required to sentence the person to an additional fixed term of imprisonment of 15 years. Specifies the additional fixed term of imprisonment is nonsuspendible. Prohibits a plea agreement from being made by a prosecuting attorney to a court if the plea agreement would prohibit: (1) the prosecuting attorney from seeking to have a person sentenced to the additional fixed term of imprisonment of 15 years; or (2) the court from sentencing a person to the additional fixed term of imprisonment of 15 years; if the state can show beyond a reasonable doubt that the person knowingly or intentionally used a firearm in the commission of a felony. Makes conforming amendments. Repeals superseded provisions.

HB1178    EXPUNGEMENT. (CARBAUGH M) Requires a public agency that operates a public web site displaying records related to an expungement to remove or redact the records after receiving satisfactory proof that the conviction or arrest has been expunged. Provides that: (1) if a person's arrest or conviction is expunged (and not merely marked as expunged); and (2) the person is named as a party in a civil action related to the expunged arrest or conviction; the court in which the civil action was filed shall, upon request, redact the person's name contained in certain public documents relating to the civil action. Requires a court, upon motion, to seal certain records relating to an expungement if: (1) the petition for expungement was filed before July 1, 2015; and (2) the petition was granted.

HB1197    BATTERY ON A SPORTS OFFICIAL. (BURTON W) Provides that battery on a certified athletic official is a Class A misdemeanor. Grants limited liability protection against civil lawsuits claiming injury or damages to certified athletic officials who: (1) inspect the playing surface and areas immediately adjacent to the playing surface for hazards before the start of an athletic contest; (2) determine if weather conditions are appropriate for beginning or continuing an athletic contest; (3) inspect game equipment before and during an athletic contest; (4) inspect players' equipment for safety and compliance with applicable rules before beginning an athletic contest; and (5) control an athletic contest by properly enforcing applicable rules.

HB1211    METHAMPHETAMINE AND CRIMINAL MISCHIEF. (CARBAUGH M) Requires law enforcement agencies to report fires related to methamphetamine abuse to the Indiana criminal justice institute. Removes methamphetamine manufacturing and the financing of methamphetamine manufacturing from the crime of dealing in methamphetamine. Makes it manufacturing methamphetamine, a Level 4 felony, for a person to knowingly or intentionally: (1) manufacture; or (2) finance the manufacture of; methamphetamine. Makes the offense: (1) a Level 3 felony if the amount of the drug involved is at least 5 grams but less than 10 grams; and (2) a Level 2 felony if the amount of the drug involved is at least 10 grams, an enhancing circumstance applies, the manufacture of the drug results in serious bodily injury to someone other than the manufacturer, or the manufacture of the drug results in the death of another person. Removes methamphetamine manufacturing and the financing of methamphetamine manufacturing from the definition of "enhancing circumstance" for the purposes of criminal law. Includes the attempted manufacture of methamphetamine in the statutory definition of "methamphetamine abuse". Provides that damaging property during: (1) the dealing or manufacture; or (2) the attempted dealing or manufacture; of cocaine, a narcotic drug, or methamphetamine is a Level 6 felony. Provides that damaging a dwelling or structure attached to a dwelling during: (1) the dealing or manufacture; or (2) the attempted dealing or manufacture; of cocaine, a narcotic drug, or methamphetamine is a Level 4 felony in certain instances. Makes it institutional criminal mischief, a Class A misdemeanor, for a person to recklessly, knowingly, or intentionally damage property: (1) that is vacant; or (2) after the person has been denied entry to the property by a court order that was issued to the person or to the general public by conspicuous posting on or around the property in areas where a person could observe the order when the property has been designated by a municipality or county enforcement authority to be a vacant property, an abandoned property, or an abandoned structure; without the consent of the owner , possessor, or occupant of the property that is damaged. Makes the offense: (1) a Level 6 felony if the pecuniary loss is at least $750 but less than $50,000; and (2) a Level 5 felony if the pecuniary loss is at least $50,000. Provides that, if the offense involved the use of graffiti, the court may order that the person's operator's license be suspended or invalidated by the bureau of motor vehicles for not more than one year.

HB1214    OBSTRUCTION OF JUSTICE. (OLTHOFF J) Creates an enhancement to the obstruction of justice crime for intimidation of a witness during the investigation or pendency of a domestic violence or child abuse case. Provides immunity for prosecuting attorneys and deputies, federal prosecutors and deputies, defense attorneys, judges, and investigators.

HB1216    STRANGULATION ELEMENTS AND DEFINITION. (OLTHOFF J) Adds to the current strangulation statute a new element concerning application of pressure to a victim's torso. Defines "torso" for purposes of the statute. Makes the crime of strangulation a Level 5 felony if it is knowingly committed against a pregnant woman.

HB1235    DRUG OFFENSES. (STEUERWALD G) Provides that a prior conviction of dealing in synthetic drugs is considered an enhancing circumstance for purposes of the dealing in controlled substances statutes. Makes certain Level 2 dealing in controlled substances offenses nonsuspendible.

HB1241    COUNTERFEITING. (MOED J) Makes it counterfeiting, a Level 5 felony, for a person to knowingly or intentionally: (1) make or utter a written instrument that contains a trademark or another marking, object, or symbol that designates or assigns value, right, privilege, or identification in such a manner that it purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give authority; and (2) transfer the written instrument into Indiana by mail or through a common carrier from outside Indiana.

HB1249    DRIVING PRIVILEGES SUSPENSIONS. (MOSELEY C) Provides that when judgment has been imposed for committing two worksite speed limit violations within one year, an additional penalty of the suspension of the person's driving privileges for 60 days may be imposed by the court imposing the sentence for the second violation. Provides that specialized driving privileges may be granted to the person by the court for the purpose of operating a motor vehicle between the place of employment and residence of the person.

HB1281    STATUTORY CONSTRUCTION. (BORDERS B) Specifies that the intent element for a criminal act is "knowingly or intentionally" if the statute defining the crime does not specify the required intent. Provides that operating while intoxicated and operating a motorboat while intoxicated are strict liability offenses.

HB1316    LAW ENFORCEMENT MATTERS. (PRICE J) Creates a $5 law enforcement body camera fee. Requires that the law enforcement body camera fee must be collected in any action involving the violation of an infraction or an ordinance. Requires the clerk of a circuit court to distribute the law enforcement body camera fees to the county auditor or controller. Requires the county auditor or controller to deposit money generated by the law enforcement body camera fee into a law enforcement body camera fund in certain instances. Creates a law enforcement body camera fund. Creates a $3 law enforcement training fund fee. Requires that the law enforcement training fund fee must be collected in any action involving the commission of a traffic infraction. Requires the clerk of a circuit court to distribute the law enforcement training fund fee to the auditor of state. Requires the auditor of state to deposit money generated by the law enforcement training fund fee into the law enforcement training fund. Creates the law enforcement training fund. Adds reserve: (1) county; (2) city; (3) town; and (4) conservation; officers to the statutory definition of "law enforcement officer". Adds reserve sheriffs to the statutory definition of "law enforcement officer". Permits the state to seek a sentencing enhancement against a person who commits a crime against an individual with the intent to harm or intimidate the individual due to the individual's employment as a law enforcement officer. Specifies that the sentencing enhancement is: (1) for a felony, the lesser of the advisory sentence or 10 years; and (2) for a misdemeanor, not more than one-half of the maximum sentence for the misdemeanor. Creates a municipal law enforcement body camera fund for units that equip their law enforcement officers with body cameras. Specifies how money in a law enforcement body camera fund may be spent. Creates a law enforcement training fund.

HB1346    SENTENCING ENHANCEMENTS FOR USE OF FIREARMS. (GOODIN T) Provides that a person who knowingly or intentionally: (1) uses a firearm in the commission of a felony against a person that results in death or serious bodily injury, kidnapping, or criminal confinement as a Level 2 or Level 3 felony; or (2) points or discharges a firearm at an individual whom the person knew, or reasonably should have known, was a police officer in the commission of any other misdemeanor or felony; may be sentenced to an additional fixed term of imprisonment equal to the term of imprisonment imposed for the underlying felony or misdemeanor. (Current law provides that the person may be sentenced to an additional fixed term of imprisonment of between five years and 20 years.)

HB1351    BAIL BONDS. (FRIZZELL D) 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 or executing a bail bond with sufficient solvent sureties with the clerk of the court in an amount not less than 10% 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.

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. Requires the juvenile court to review the conditions within seven days.

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 ORGANIZATION. (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    CRIMINAL LAW MATTERS. (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 offense of dealing in a controlled substance by a practitioner, and enhances the offense if the offenses 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.

SB202    BIAS MOTIVATED CRIMES. (ROGERS E) Provides that a bias motivated crime is a crime in which the person who commits the crime knowingly or 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 expression, or disability of the individual or a group of individuals, whether or not the person's belief or perception was correct. 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. Makes it an aggravating circumstance that may be considered by a judge when the judge imposes a sentence for a crime if the crime is a bias motivated crime.

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.)

SB216    TRAFFIC ENFORCEMENT IN APARTMENT COMPLEXES. (HERSHMAN B) Allows a unit to enforce traffic and parking ordinances on the property of a residential apartment complex if: (1) the owner of the complex enters into an enforcement agreement with the unit; and (2) the fiscal body of the unit approves the agreement.

SB227    ROBBERY OF A PHARMACY. (GROOMS R) Makes it robbery of a pharmacy, a Level 4 felony, for a person to knowingly or intentionally take a controlled substance from a pharmacy: (1) by using force against or threatening the use of force against; or (2) by putting in fear; a person who is located on the premises of the pharmacy. Enhances the offense to: (1) a Level 3 felony if it is committed while armed with a deadly weapon or results in bodily injury to any person other than a defendant; and (2) a Level 2 felony if it results in serious bodily injury to any person other than a defendant. Provides that a juvenile court does not have jurisdiction over an individual for allegedly committing robbery of a pharmacy if: (1) the robbery of a pharmacy was committed while armed with a deadly weapon; or (2) the robbery of a pharmacy results in bodily injury or serious bodily injury; and the individual was at least 16 years of age at the time the individual allegedly committed the offense. Makes amendments to provide that references in the Indiana Code to the offense of robbery of a pharmacy correspond to references to the existing offense of robbery.

SB286    GRAND JURY AND SPECIAL PROSECUTOR STUDY TOPIC. (DELPH M) Urges the legislative council to assign to the appropriate committee a study of the statutes that authorize grand juries and special prosecutors.

SB290    CRIMINAL LAW MATTERS. (YOUNG R) Provides that a person may be convicted of possession with intent to manufacture or deliver a controlled substance without additional evidence of intent to manufacture or deliver if the person possesses more than a specified quantity of the controlled substance. Specifies that the fact that an individual has attended a syringe exchange program may not form any part of a probable cause or reasonable suspicion determination. Permits a person placed on home detention as a condition of pretrial release to earn one day of good time credit for every four days served on pretrial home detention.

SB349    JUVENILE DETENTION MATTERS. (BRODEN 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. Includes weekends and holidays in the 48 hour calculation for detention hearings or probable cause determination hearings.

SB354    SEX CRIMES THAT INVOLVE CHILDREN. (HEAD R) Makes child exploitation a Level 4 felony instead of a Level 5 felony. Makes possession of child pornography a Level 5 felony instead of a Level 6 felony. Removes a defense to the crime of prostitution that the person who committed the crime was a child who was less than 18 years of age, and provides that a child who is less than 18 years of age may not be: (1) charged with; or (2) convicted of; committing the crime of prostitution. Makes patronizing a prostitute a: (1) Level 6 felony instead of a Class A misdemeanor if a person has a prior conviction for patronizing a prostitute; and (2) Level 5 felony instead of a Class A misdemeanor if a person paid, or offered payment to, a child who is less than 18 years of age. Makes promoting prostitution a Level 3 felony instead of a Level 4 felony if the person enticed or compelled is a child who is less than 18 years of age. Makes conforming amendments.

SB357    REGISTRY OF CONVICTED CHILD ABUSERS. (YODER C) Defines "crime of child abuse" and requires the state police department (department) to establish an electronic child abuse registry containing information relating to persons convicted of a crime of child abuse. Requires the department to adopt rules to establish a procedure permitting a person erroneously included in the registry to obtain relief.

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