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Bill Watch, March 4, 2016: Current Criminal Justice Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Mar 4, 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.

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 manufacturing and the financing of manufacturing from the definition of "enhancing circumstance" for the purposes of criminal law. Increases the penalty for manufacturing methamphetamine to a Level 2 felony if the manufacture results in a fire or explosion that causes serious bodily injury to another person. Specifies that "pecuniary loss" for purposes of the criminal mischief statute includes the costs of inspecting, cleaning, and decontaminating a property.

HB1235    DRUG OFFENSES. (STEUERWALD G) Specifies that Level 2 controlled substance offenses are nonsuspendible if: (1) the offense involves methamphetamine or heroin; and (2) the person has a prior felony conviction for dealing in certain controlled substances.

SB14    VARIOUS CRIMINAL LAW MATTERS. (HEAD R) Makes the offense of child exploitation a Level 4 felony instead of a Level 5 felony if the offense involves, 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; (5) receives a bodily injury while participating in the sexual conduct, matter, performance, or incident; or (6) is less than 12 years of age. Makes the offense of possession of child pornography a Level 5 felony instead of a Level 6 felony if the offense involves, 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; (5) receives a bodily injury while participating in the sexual conduct; or is less than 12 years of age. 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. Requires that a performer who provides adult entertainment on a licensed premises to provide proof of age by at least one form of government issued identification instead of two. Specifies that a photograph taken of an adult entertainer who auditions to provide adult entertainment must only show the adult entertainer's facial features. Provides that, if certain conditions are met, an individual who aided an individual or was an individual in need of medical assistance due to an opioid related overdose is immune from certain criminal prosecutions. Amends the definition of "violent criminal" for purposes of the law concerning sentencing to include certain Class A felonies and Class B felonies committed before July 1, 2014. Provides that, for purposes of the law concerning crimes involving firefighting and emergency services: (1) an emergency incident includes a structure or vehicle that is on fire, a motor vehicle accident, an accident involving hazardous materials, a crime scene, a police investigation, and a location where an individual is being arrested; and (2) an emergency incident area means the area surrounding a structure, vehicle, property, or area that is: (A) defined by police or firefighters with flags, barricades, barrier tape, or other markers or 150 feet in all directions from the perimeter of the emergency incident, whichever is greater; or (B) a specific distance less than 75 feet in all directions from the perimeter of the emergency scene or incident that is articulated by a law enforcement officer.

SB131    DEPARTMENT OF CHILD SERVICES REPORTING. (BRODEN J) Defines "life threatening". 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. Specifies that documents related to a near fatality are confidential while a police investigation is ongoing. 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 felony or the crime of battery. 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 Level 6 felony, 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    OPERATING WHILE INTOXICATED. (YOUNG R) Provides that a person who commits the offense of causing the death of another person when operating a vehicle: (1) with an alcohol concentration equivalent to at least 0.08 gram of alcohol per 100 milliliters of the person's blood or 210 liters of the person's breath; (2) with a controlled substance listed in schedule I or II or its metabolite in the person's blood; or (3) while intoxicated; commits a Level 4 felony instead of a Level 5 felony if the person has a previous conviction of operating while intoxicated within 10 years preceding the commission of the offense instead of within five years preceding the commission of the offense. 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) deceive; 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.

SB183    REAL PROPERTY OFFENSES. (BRAY R) Amends the statute concerning criminal trespass to specify that a person commits criminal trespass if the person knowingly or intentionally enters or refuses to leave the real property of another person after having been prohibited from entering or asked to leave the real property by a law enforcement officer when the real property is: (1) vacant real property or a vacant structure (both as defined by the statute concerning the abatement of vacant structures and abandoned structures); or (2) designated by a municipality or county enforcement authority to be abandoned property or an abandoned structure. Provides that a person who knowingly or intentionally damages, defaces, or permanently removes an object from real property that is the subject of a mortgage foreclosure proceeding commits foreclosure mischief, a Class B misdemeanor. Increases the penalty to a Class A misdemeanor if the damage caused is between $750 and $50,000, and to a Level 6 felony if the damage caused is $50,000 or more. Establishes a defense if the damage, removal, or defacement was the result of repair, renovation, replacement, or maintenance performed in good faith.

SB216    TRAFFIC ENFORCEMENT IN RESIDENTIAL COMPLEXES. (HERSHMAN B) Allows a unit to enforce moving traffic ordinances on the property of a residential complex if the following apply: (1) The unit adopts an ordinance permitting the enforcement of such ordinances in residential complexes. (2) The owner of the residential complex enters into an enforcement contract with the unit. (3) The owner of the residential complex installs signs notifying residents and visitors of the enforcement of moving traffic ordinances. Requires a unit's law enforcement agency to issue e-tickets for moving violations in a residential complex if the law enforcement agency already issues e-tickets for other traffic violations. Provides certain immunities to the owner of a residential complex that enters into an enforcement contract with a unit. Provides that the statute expires December 31, 2020. Requires the division of state court administration to submit reports to the legislative council relating to the enforcement of moving traffic ordinances on the property of residential complexes.

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 division of state court administration (division) to establish an electronic child abuse registry containing information relating to persons convicted of a crime of child abuse. Requires the division to adopt rules to establish a procedure permitting a person erroneously included in the registry to obtain relief.

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