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Bill Watch, Feb. 12, 2016: Current Criminal Justice Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Feb 12, 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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. If an intake officer imposes conditions of release upon a child, requires the juvenile court to hold a detention hearing within 48 hours.

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.

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.

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.

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.

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 makes a request to the legislative body of the unit; (2) the unit adopts traffic and parking ordinances that meet certain requirements; (3) the owner enters into an enforcement contract with the unit; and (4) the legislative body of the unit approves the contract. Prohibits a unit from charging the owner of a complex a fee for enforcing an ordinance.

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.

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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