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Current Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Jan 29, 2014

The IndyBar Legislative Committee is currently monitoring the following criminal law related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at mindy.westrick@faegrebd.com.

Click here to view the full Bill Watch reports.

HB1008 CRIMINAL CODE (STEUERWALD G)
Repeals the article listing criminal law statutes for titles outside IC 35, and reorganizes the criminal law statutes into individual sections under a new article. Does not make any substantive change in the law. (The introduced version of this bill was prepared by the code revision commission.)

HB1009 SEARCH WARRANTS AND PRIVACY (KOCH E)
Prohibits the use of unmanned aerial vehicles and tracking devices to conduct warrantless searches, with certain exceptions. Prohibits the placement of cameras or electronic surveillance equipment on private property to conduct warrantless searches, with certain exceptions. Establishes additional requirements that must be met in order for a search warrant authorizing the use of a tracking device to be issued. Provides that, except for a law enforcement officer acting under a warrant and certain other persons under certain circumstances, a person who uses a tracking device without the consent of the person who is the object of the use commits a Class A misdemeanor. Provides that a person who knowingly or intentionally places a camera or electronic surveillance equipment that records images or data of any kind while unattended on the private property of another person without the written consent of the owner or tenant of the private property commits a Class A misdemeanor. Requires a search warrant to conduct a search of an electronic device or compel disclosure of an electronic communication service or electronic user data. Requires a search warrant to obtain geolocation information. Requires a governmental  entity to issue notice to a user if the user's electronic device or geolocation information was obtained in a search. Requires a governmental entity to pay for electronic user data. Requires the clerk of a court that issues or denies a warrant to report each warrant to the judicial center. Requires the judicial center to submit to the legislative council a report concerning search warrants issued for electronic devices. Requires the judicial center to post the report on its Internet web site. Provides immunity from civil and criminal liability for certain entities that provide information pursuant to certain warrants. Makes a technical correction.

HB1010 JUVENILE JUSTICE EVALUATION COMMISSION (PRYOR C)
Establishes the juvenile justice evaluation commission to: (1) evaluate the juvenile justice laws of Indiana; and (2) make recommendations to the general assembly for modification of the juvenile justice laws, if the commission determines that changes are necessary or appropriate.

HB1018 POSSESION 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, 2014, any rules or policies enacted or undertaken by a state agency before, on, or after June 30, 2014, 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.

HB1026 OFFENSES AGAINST LAW ENFORCEMENT ANIMALS (NEESE T)
Makes it a Level 6 felony instead of a Class A misdemeanor for a person to knowingly or intentionally: (1) strike, torment, injure, or otherwise mistreat a law enforcement animal; or (2) interfere with the actions of a law enforcement animal while the animal is engaged in assisting a law enforcement officer in the performance of the officer's duties. Reconciles substantive and technical conflicts between statutes enacted by the 2013 general assembly concerning criminal law.

HB1108 MEMBERSHIP ON COMMUNITY CORRECTIONS BOARDS (HARMAN T)
Provides that a county with a population of less than 50,000 may reduce the number of members of community corrections advisory boards to nine.

HB1137 REPORTING OF SEX CRIMES AGAINST CHILDREN. (HALE C)
Requires the commission on improving the status of children in Indiana to study and evaluate the underreporting of crimes against children. Requires the state department of health or the office of women's health to conduct a study to determine the number of persons who are the victims of crimes of domestic and sexual violence, the reasons why these crimes are underreported, best practices to improve reporting, and the most effective means to connect victims with appropriate treatment services. Establishes a framework for the study, and permits the department of health or the office of women's health to contract with a third party to conduct the study. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

HB1155 EXPUNGEMENT. (TURNER P)
Relocates and restates certain provisions dealing with the expungement of arrest records, and deletes inconsistent language. (Under current law, there are two inconsistent procedures for expunging arrest records.) Specifies where a petition for expungement must be filed, and removes the prohibition against a waiver or reduction of the filing fee for an indigent person. Grants a defense attorney and a probation department access to expunged records if authorized by court order. Allows a court to accept filing of a subsequent petition for expungement that includes convictions not named in the original petition under certain circumstances. Provides that a court must find by a preponderance of the evidence instead of by clear and convincing evidence that all the requirements of expungement have been met to order a person's conviction records marked as expunged. Prohibits a person from waiving the right to expungement as part of a plea agreement. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

HB1175 CRIMINAL CONVERSION OF RENTED PERSONAL PROPERTY. (BURTON W)
Makes it criminal conversion, a Level 6 felony, for a person to knowingly or intentionally exert unauthorized control over the personal property of another person if the person: (1) acquires the personal property by a rental or lease agreement; (2) signs a written agreement to return the property to a specified location within a specified time; and (3) fails to return the property within 30 days after the specified time, or, during that 30 day period, within three days after receiving a written demand for return of the property, whichever is earlier. Provides that evidence that a person, after renting or leasing any personal property under a written agreement providing for the return of the property to a specified location at a specified time, failed to return the property to the  specified location at the specified time constitutes prima facie evidence that the person exerted unauthorized control over the property.

HB1345 SENTENCES FOR CRIMES (MAYFIELD P)
Increases, under certain circumstances, the penalties for: (1) reckless homicide; (2) child exploitation; (3) robbery; (4) burglary; (5) theft; (6) forgery; (7) identity deception; and (8) possession of a firearm by a serious violent felon. Creates the crime of retail theft. Contains conforming amendments and makes technical corrections.

HB1382 FAILURE TO STOP OR RETURN TO AN ACCIDENT SCENE (SPEEDY M)
Provides that it is a Class A misdemeanor if a person does not perform specific duties to stop at or return to a scene of an automobile accident if the person was involved in an automobile accident. Enhances the penalty to a: (1) Level 6 felony if the accident results in bodily injury to another person; (2) Level 5 felony if the accident results in serious bodily injury to another person; (3) a Level 4 felony if the accident results in the death of a person; and (4) a Level 3 felony if the person knowingly or intentionally failed to stop or comply with certain duties regarding an automobile accident after committing operating while intoxicated causing serious bodily injury.

SB 3 JUDICIAL OFFICERS (STEELE B)
Makes battery: (1) a Level 6 felony instead of a Class B misdemeanor if the offense is committed against certain judicial officers while the judicial officers are engaged in the judicial officers' official duties; and (2) a Level 5 felony instead of a Class B misdemeanor if the offense results in bodily injury to certain judicial officers while the judicial officers are engaged in the judicial officers' official duties or the person who committed the offense placed certain infected bodily fluids or wastes on certain judicial officers. Provides that certain judicial officers: (1) may possess and use a firearm in the same locations that a law enforcement officer who is authorized to carry a firearm may possess a firearm while the law enforcement officer is engaged in the execution of the law enforcement officer's official duties; and (2) may not be prohibited from possessing a firearm on land or in buildings and other structures owned or leased by the state or any agency of state government or a political subdivision. Specifies that a judicial officer who possesses and uses a firearm has the same civil and criminal immunities and defenses that a law enforcement officer has when the law enforcement officer: (1) possesses and uses a firearm; and (2) is engaged in the execution of the law enforcement officer's official duties.

SB6 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.

SB7 RETENTION OF CONFISCATED FIREARMS (ARNOLD J) 
Allows a law enforcement agency that possesses certain confiscated firearms to retain the firearms for the purpose of training law enforcement officers in the proper use of the firearms or for other law enforcement duties.

SB8 BATTERY ON A SPORTS OFFICIAL (RANDOLPH L)
Increases the penalty for battery if it is committed against a person certified as a referee, umpire, or athletic official.

SB10 PAROLE ELIGIBILITY FOR CERTAIN OFFENDERS (RANDOLPH L)
Provides that a person is eligible for consideration for release on parole if, before the criminal code was enacted in 1976, the person: (1) was sentenced to more than one term of life imprisonment without parole upon conviction of more than one felony; and (2) committed kidnapping for at least one of the person's felony convictions.

SB28 ALCOHOL CONSUMPTION BY A MINOR (MILLER P)
Makes it a Class B misdemeanor for a person to recklessly, knowingly, or intentionally: (1) rent property; or (2) provide or arrange for the use of property; for the purpose of allowing or enabling a minor to consume an alcoholic beverage on the property. Makes this offense a: (1) Class A misdemeanor if the person has a prior unrelated conviction; and (2) Level 6 felony if the consumption, ingestion, or use of the alcoholic beverage is the proximate cause of the serious bodily injury or death of any person. Provides immunity from civil liability on a postsecondary educational institution or its agents under certain conditions.

SB43 CHILD SEDUCTION (YODER C)
Makes it child seduction, a Level 6 felony, for a law enforcement officer who is at least five years older than a child who is: (1) at least 16 years of age; and (2) less than 18 years of age; to fondle or touch the child with the intent to arouse or satisfy the sexual desires of either the child or thelaw enforcement officer, if the law enforcement officer's contact with the child occurred in the course of the officer's official duties. Makes it child seduction, a Level 5 felony, if the law enforcement officer engages in sexual intercourse or other sexual conduct with the child. Reconciles technical and substantive conflicts between HEA 1006-2013 (the 2013 criminal code revision bill) and other bills concerning criminal law.

SB46 SELF DEFENSE (BREAUX J)
Specifies that a person is not justified in using force against another person if the person using force: (1) is the initial aggressor; (2) has reached a place of safety after escaping an attack and immediately returns to the location of the attack (unless the location is the person's property or  residence); or (3) is pursuing an attacker or trespasser who has retreated and no longer presents a threat to the person.

SB49 VEHICLE CLEARANCE WHEN OVERTAKING AND PASSING A BICYCLE (TAYLOR G)
Provides that it is a Class C infraction for a person driving a vehicle overtaking a bicycle to not: (1) allow at least three feet of clearance between the vehicle and the bicycle; and (2) wait to return to the original lane until the vehicle is safely clear of the bicycle.

SB52 CRIMINAL PENALTIES AND DNR (STEELE B)
Makes the penalty for violating certain statutes in IC 14 (natural and cultural resources) an infraction instead of a misdemeanor. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

SB64 DOWNLOADING OF CELL PHONE INFORMATION BY POLICE (WALTZ B)
Prohibits a police officer from extracting or otherwise downloading information from a telecommunications device without the owner's consent for a violation of the law concerning typing, transmitting, or reading a text message while operating a motor vehicle unless: (1) the police officer has probable cause to believe that the telecommunications device has been used in the commission of a crime; (2) the information is extracted or otherwise downloaded under a valid search warrant; or (3) otherwise authorized by law. Provides that if a law enforcement officer detains a person because the law enforcement officer believes the person has committed an infraction or ordinance violation, the law enforcement officer may not, without the person's  consent, extract or otherwise download information from a cellular telephone or another wireless or cellular communications device possessed by the person at the time the person is detained unless: (1) the law enforcement officer has probable cause to believe that the cellular telephone or other wireless or cellular communications device has been used in the commission of a crime; (2) the information is extracted or otherwise downloaded under a valid search warrant; or (3) otherwise authorized by law.

SB69 USE OF DNA EVIDENCE (ZAKAS J)
Permits, subject to Combined DNA Index System (CODIS) guidelines, the superintendent of the state police department to authorize the investigation of a person genetically related to an individual whose DNA profile is stored in the Indiana DNA data base if the results of a DNA test conducted on a DNA sample as part of a criminal investigation: (1) do not show an exact match between the DNA sample and the DNA profile stored in the data base; but (2) show that the DNA sample matches the DNA profile stored in the data base so closely as to suggest that a person genetically related to the individual whose DNA profile is stored in the data base may be a suspect.

SB146 FALSE INFORMING (CRIDER M)
Makes false informing a Level 6 felony (instead of a Class B misdemeanor or a Class A misdemeanor) if the person who committed the offense has a prior unrelated conviction for: (1) false informing; or (2) false reporting. Reconciles technical and substantive conflicts between HEA 1006-2013 (the criminal code revision bill) and other bills concerning criminal law.

SB152 DNA SUBMISSION UPON ARREST (ZAKAS J)
Requires every person arrested after June 30, 2014, for burglary, residential entry, a crime of violence, or a sex offense to submit a DNA sample. Provides for the
expungement of a DNA sample taken from the person if: (1) the person 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 since the person's arrest. 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 sample processing fund.

SB164 CRIMINAL LAW (HEAD R)
Relocates the definition of "crime of violence" and makes conforming amendments. Removes advisory sentences and the sentencing cap for crimes committed in a single episode of criminal conduct. Makes sentences for the following crimes nonsuspendible: (1) Murder and Level 1 felonies. (2) Level 2 or Level 3 felonies if the person has a prior felony conviction. (3) Level 4 and Level 5 felonies if the person has a prior conviction and completed the sentence for the prior felony less than 10 years before commission of the current felony. Changes the penalty enhancement for nonsupport of a child from a Level 6 felony to a Level 5 felony if the person has a previous conviction for the offense. Changes the procedure for a court to lower the penalty for a person convicted of nonsupport of a child. Provides that "enhancing circumstance", as used to increase the penalty for certain drug offenses: (1) applies to a prior conviction committed in any jurisdiction; (2) includes a conspiracy or an attempt; (3) applies when the offense is committed within 1,000 feet of a school, park, family housing complex, or youth program center (current law is 500 feet and does not include a family housing complex or youth program center); and (4) does not require that, with respect to offenses committed near a school or public park, a minor is reasonably expected to be present. Specifies that "manufacturing", for purposes of the statute prohibiting the manufacture of marijuana, applies to the production and propagation of marijuana. Increases the penalties for certain offenses involving dealing or possession of controlled substances. Allows the state to seek to have a person sentenced as a habitual vehicular substance offender for any vehicular substance offense by alleging that the person has accumulated two prior unrelated vehicular substance offense convictions. Provides that a vehicular substance offense is a misdemeanor or felony in which the: (1) operation of a motor vehicle while intoxicated; (2) operation of a motor vehicle in excess of the statutory limit for alcohol in a person's blood or breath; or (3) operation of a motor vehicle with a controlled substance or its metabolite in a person's body; is a material element of the misdemeanor or felony. Requires a court to sentence a person found to be a habitual vehicular substance offender to an additional fixed term of at least one year but not more than eight years imprisonment. Increases the penalty for human trafficking. Increases, under certain circumstances, the penalties for: (1) reckless homicide; (2) child exploitation; (3) robbery; (4) burglary; (5) theft; (6) forgery; (7) identity deception; and (8) possession of a firearm by a serious violent felon. Creates the crime of retail theft. Increases the penalty for animal cruelty under certain circumstances. Permits a petition for expungement to be filed in a city or town court, treats the expungement of misdemeanor domestic battery as the expungement of a felony, and makes the grant of expungement discretionary where the crime causes another person to suffer injury or loss of property.

SB169 PROVIDING FIREARMS TO A FELON. (YOUNG R)
Makes it a Level 6 felony for a person to provide an individual with a firearm if the person knows or has reason to believe that the individual: (1) is legally barred from possessing a firearm due to the commission of a crime; or (2) intends to use the firearm to commit a crime. Makes it a Level 6 felony for a person to purchase a handgun with the intent of reselling it to an individual that the person knows or has reason to believe intends to use the handgun in the commission of a crime. Specifies that a person who unlawfully provides an individual with a handgun or firearm may receive an enhanced sentence if the individual who unlawfully received the handgun or firearm uses the handgun or firearm to commit a crime, and provides that the enhanced sentence is: (1) up to one year if the crime is a misdemeanor; (2) the same sentence as the most serious crime committed by the individual if the crime is a Level 2 through Level 6 felony; and (3) the same sentence as a Level 1 felony if the crime is murder or a Level 1 felony.

SB187 ATTORNEY GENERAL ON CRIMINAL LAW STUDY COMMITTEE (GLICK S)
Makes the attorney general a member of the criminal law and sentencing policy study committee.

SB223 SENIOR AND SPECIAL PROSECUTORS (HOLDMAN T)
Repeals and recodifies provisions concerning the appointment of senior prosecuting attorneys, special prosecutors, and special deputy prosecuting attorneys. Provides that a person may be appointed as a senior prosecuting attorney if the person was employed for at least
eight years as a: (1) prosecuting attorney; (2) chief deputy prosecuting attorney; (3) deputy prosecuting attorney; or (4) deputy prosecuting attorney employed full time to perform certain duties related to child support provisions. Requires a person who files an affidavit to be considered for appointment as a senior prosecuting attorney to file a request to withdraw from consideration when the person is no longer willing to serve as a seniorprosecuting attorney. Requires the prosecuting attorneys council to maintain and publish a list of persons who are eligible to be appointed as senior prosecuting attorneys. Allows a senior prosecuting attorney to be appointed as a special prosecutor in a county in which the senior prosecuting attorney previously served if the appointing court finds that the appointment would not create the appearance of impropriety. Removes provisions that limit the number of days a senior prosecuting attorney may be compensated during a calendar year. Requires aspecial prosecutor to file a progress report with the appointing court at least one time every six months. Makes conforming amendments.

SB226 VIOLENT CRIME (MERRITT J)
Permits a court to sentence a person to an additional five year fixed term if the person uses a firearm to commit burglary or a felony under IC 35-42.

SB227 ALCOHOL AND MEDICAL EMERGENCIES (MERRITT J)
Provides that a person is immune from arrest or prosecution for certain alcohol offenses if the arrest or prosecution is due to the person: (1) reporting a medical emergency; (2) being the victim of a sex offense; or (3) witnessing and reporting what the person believes to be a crime. (Current law provides immunity from arrest or prosecution only if the person reports a medical emergency that is due to alcohol consumption.) Establishes a mitigating circumstance for the sentencing of a person convicted of a controlled substance offense if the person's arrest or prosecution was facilitated in part because the person requested emergency medical assistance for an individual in need of medical assistance due to the use of alcohol or a controlled substance. Permits a court to defer entering a judgment of conviction for an individual arrested for an alcohol offense if the individual was arrested after a report that the person needed medical assistance due to the use of alcohol if certain conditions are met. Permits an emergency medical responder to administer an overdose prevention drug to a person suffering from an overdose.

SB235 MENTAL HEALTH PILOT PROJECT (YOUNG R)
Requires community corrections programs to use evidence based services, programs, and practices that reduce the risk for recidivism. Permits the community corrections board to coordinate or operate certain programs. Establishes standards for the award of certain grants by the department of correction, and requires the department of correction to consult with the judicial conference and the division of mental health and addiction before awarding grants. Defines "mental health and addiction forensic treatment services", establishes eligibility and treatment criteria, and creates the mental health and addiction forensic treatment services account to fund mental health and addiction forensic treatment services. Removes the requirement that the budget committee approve the distribution of funds appropriated to the judicial conference to assist court probation departments, specifies the purposes for which these funds may be used, and requires the judicial conference to develop a plan to establish application procedures and funding requirements for courts seeking assistance. Requires the judicial conference to consult with the department of correction and the division of mental health and addiction before awarding financial assistance, and requires any person providing mental health and substance use treatment services be certified by the division of mental health and addiction. Establishes a three year pilot project in Marion County to reduce recidivism by providing mental health and forensic treatment services. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

SB236 CRIMINAL LAW PROVISIONS OF IC 7.1 (YOUNG R)
Revises numerous provisions of IC 7.1 that deal with criminal liability. Removes the requirement that the driver's license of a minor shall be suspended if the minor commits certain offenses related to the unlawful purchase, use, or consumption of an alcoholic beverage if the
offenses do not involve the use of a motor vehicle, and makes certain juvenile offenses infractions. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

SB241 USE OF DNA EVIDENCE (ZAKAS J)
Requires a juvenile court to order a child found to be a delinquent child for the commission of an act that, if committed by an adult, would be: (1) burglary; (2) residential entry; (3) a crime of violence; or (4) a sex offense; to provide a DNA sample to the agency having supervision of the child or to the county sheriff. Makes conforming amendments.

SB243 EPHEDRINE AND PSEUDOEPHEDRINE (GLICK S)
Provides that materials, compounds, mixtures, or preparations that contain ephedrine or pseudoephedrine are schedule III controlled substances that may be dispensed only by prescription. Repeals: (1) the law allowing the dispensing of ephedrine and pseudoephedrine
without a prescription subject to certain restrictions; and (2) provisions related to that law.

SB314 LEGALIZE SMALL AMOUNTS OF MARIJUANA (TALLIAN K)
Authorizes the licensed cultivation and production of industrial hemp in accordance with rules adopted by the department of agriculture. Makes possession of less than two ounces of marijuana a Class C infraction. Makes possession of more than two ounces of marijuana a Class B misdemeanor, and makes the offense a Class A misdemeanor if the person has two or more prior convictions involving marijuana in the past five years. Requires a court to suspend a sentence imposed for possession of marijuana if the person does not have a previous conviction involving marijuana in the past fiveyears, and requires a court to defer a sentence if the person pleads guilty to misdemeanor possession of marijuana. Makes the sale or delivery of more than two ounces of marijuana a Class A misdemeanor, and makes the offense a Level 6 or Level 5 felony under certain circumstances. Provides a defense if a person who delivers less than 10 pounds of marijuana does so for no consideration. Makes the public use or display of marijuana a Class B misdemeanor, and makes the offense a Class A misdemeanor if the person has two or more prior convictions for an offense involving marijuana in the past five years. Reduces the penalty for maintaining a common nuisance to a Class A misdemeanor if the only unlawful controlled substances involved were marijuana, hashish, or hash oil. Allows certain persons convicted of dealing in marijuana as a misdemeanor to participate in a forensic diversion program. Repeals the controlled substance excise tax. Makes technical corrections and conforming amendments.

SB316 SERIOUS SEX OFFENDERS (MRVAN F)
Defines "serious sex offender". Makes entry on school property by a serious sex offender a Level 6 felony. Provides that a serious sex offender is entitled to vote by mail. Requires a circuit court clerk to, before an election, notify a serious sex offender whose polling place is located on school property: (1) that a serious sex offender who knowingly or intentionally enters school property commits unlawful entry by a serious sex offender, a Level 6 felony; and (2) of other voting alternatives. Provides that a circuit court clerk may arrange transportation to a clerk's office, satellite office, or vote center for a serious sex offender whose polling place is located on school property. Requires the department of correction to inform a serious sex offender at the time of discharge from the department: (1) that a serious sex offender who knowingly or intentionally enters school property commits unlawful entry by a serious sex offender, a Level 6 felony; and (2) of voting options for the serious sex offender.

SB320 INTERIM STUDY COMMITTEE ON JUVENILE JUSTICE (ZAKAS J)
Establishes the interim study committee on juvenile justice to review and study certain issues relating to juvenile justice during the 2014 legislative interim.

SB373 BAIL AND BAIL PROCEDURES (TAYLOR G)
Provides that a court may admit a defendant to bail by establishing the bail amount and requiring the defendant to execute a bail bond by selecting one of the following options: (1) Executing a cash bond by depositing cash or securities or by making a payment by credit card in an amount that equals 100% of the bail amount. (2) Executing a surety bond executed by a bail agent representing a sufficient solvent surety insurance company authorized to underwrite bail bonds in Indiana and the county where approved in an amount equal to the bail amount. (3) Executing a deposit bond by depositing at least 10% of the amount of the bail with a sufficient insurer who has been a resident of the state and county where the bond is executed for at least one year, and has affirmed that the insurer has unencumbered assets equal to the bail amount. (4) Executing a real estate bond secured by real estate in the county where the bond will be executed, if 33% of the true tax value minus encumbrances is at least equal to the amount of the bail. Provides that: (1) the court shall inform the defendant, or a person making a deposit on behalf of the defendant, that the defendant or the person may enter into an agreement to allow the court to retain all or a part of the bail to pay publicly paid costs of representation and fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted; and (2) if the defendant or person making a deposit on behalf of the person chooses to enter into the agreement, the court shall require the defendant and each person who makes the deposit on behalf of the defendant to execute the agreement. Repeals and replaces the law concerning forms used in recognizances for the appearance of prisoners. Repeals and replaces the law concerning late surrender fees. Provides that late surrender fees shall be distributed as follows: (1) 50% of the late surrender fees shall be deposited in the police pension trust fund. (2) 10% of the late surrender fees shall be deposited in the county extradition and sheriff's assistance fund. (3) 20% of the late surrender fees shall be retained by the court in which the bond was posted to defray the costs of operating the court or defray the costs of operating diversion programs. (4) Seven and one-half percent of the late surrender fees shall be deposited in the county public defender fund. (5) Seven and one-half percent of the late surrender fees shall be deposited in the clerk of the court operating account to offset operating expenses. (6) Five percent of the late surrender fees shall be deposited in the county electronic monitoring fund in the county in which the bond was posted to defray the costs of operating electronic monitoring programs that involve indigent offenders. Establishes the county electronic monitoring fund (fund) in each county consisting of late surrender fees under the bail law. Provides that the fund shall be used: (1) to defray the costs incurred by a county to operate electronic monitoring programs that involve indigent offenders; or (2) if a county does not operate an electronic monitoring program, to defray the costs incurred by a county in providing court appointed public defenders to indigent defendants. Makes conforming amendments.

SB386 DNA SAMPLES FROM ARRESTEES (WYSS T)
Requires every person arrested after June 30, 2014, for burglary, residential entry, a crime of violence, or a sex offense to submit a DNA sample, and specifies that the sample may be taken only by buccal swab. Provides for the expungement of a DNA sample taken from the person if the person is acquitted of all felony charges, all burglary, residential entry, crime of violence, and sex offense 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 previously unknown crimes committed by a person on bail may lead to revocation of bail or an increase in the amount of bail.

SB395 BAIL (STEELE B)
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 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 with the clerk of the court in an amount not less than 15% of the bail. Removes a provision that allows a court to require a defendant who elects to deposit cash or cash and another form of security as bail to execute an agreement that allows the court to retain all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted. Provides that, if an individual deposits cash to execute a bail bond: (1) the clerk shall issue the individual a receipt for the cash; and (2) the individual must possess a copy of the receipt and a valid government issued photographic identification card to receive any remission of the cash the individual may otherwise be entitled to receive. 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 only declare a bond forfeited 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.

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