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Bill Watch, Feb. 8, 2017: Current Criminal Law Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Feb 8, 2017

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 Lawren Mills at lawren.mills@icemiller.com.

Click here to view the full Bill Watch reports.

HB1010    COMMITMENT TO THE DOC FOR A LEVEL 6 FELONY. (STEUERWALD G) Amends the law limiting the circumstances under which a person convicted of a Level 6 felony can be committed to the department of correction (DOC). Provides that a person convicted of a Level 6 felony can be committed to the DOC if: (1) the commitment is due to the revocation of the person's sentence for violating probation, parole, or community corrections and the revocation of the person's sentence is due to the commission of a new criminal offense; or (2) the person is convicted of a Level 6 felony and the sentence for that felony is ordered to be served consecutively to the sentence for another felony.

HB1062    MONETARY AWARDS FOR EXONERATED PRISONERS. (STEUERWALD G) Provides that a person whose conviction is vacated on the basis of DNA evidence is entitled to compensation in the amount of $25,000 for each year that the person was wrongfully incarcerated in the department of correction. Establishes the DNA exoneration fund, appropriates $200,000 to the fund, and specifies that the attorney general shall administer the fund and receive and investigate claims for compensation from the fund.

HB1064    HABITUAL OFFENDER REQUIREMENTS. (STEUERWALD G) Provides that to be sentenced as a habitual offender (other than for a conviction of a Level 1 through Level 4 felony or murder), a person must have accumulated at least one of the required number of prior unrelated felony convictions within 10 years of accumulating the current offense.

HB1065    ANNUAL REPORT ON CRIMINAL CODE REFORM. (STEUERWALD G) Requires the Indiana criminal justice institute to prepare its annual report for the governor and the legislative council before December 1 of each year (instead of July 1 of each year).

HB1066    BIAS MOTIVATED CRIMES. (PORTER G) Provides that a bias motivated crime is a crime in which the person who commits the crime knowingly or intentionally selects: (1) the 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. 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.

HB1067    REMEDIES FOR EXONERATED INDIVIDUALS. (PORTER G) Provides that a person whose conviction is vacated on the basis of DNA evidence is entitled to compensation in the amount of $35,000 for each year that the person was wrongfully incarcerated in the department of correction. Establishes the DNA exoneration fund (fund). Appropriates $350,000 to the fund. Specifies that the attorney general shall administer the fund and receive and investigate claims for compensation from the fund.

HB1088    STATUTES OF LIMITATIONS FOR SECURITIES VIOLATIONS. (ELLINGTON J) Specifies that an action brought by a person for an alleged violation of the Indiana Uniform Securities Act (Act) involving: (1) the sale of a security; or (2) the providing of investment advice; must be commenced not later than three years after the person bringing the action has actual knowledge of the violation. (Current law provides that the action must be commenced within three years after discovery by the person bringing the action of the violation.) Provides that a prosecution for an offense under the Act is barred unless commenced within five years after the date on which the state first discovers evidence sufficient to charge the offender with the offense.

HB1090    CRIMINAL MISCHIEF. (WASHBURNE T) Provides that a person who recklessly, knowingly, or intentionally damages or defaces property of another person commits a Level 6 felony if the damage or defacement exposes a person or group of persons to hatred, contempt, disgrace, or ridicule.

HB1091    ACCESSING CHILD PORNOGRAPHY. (WASHBURNE T) Makes it a Level 6 felony to access with intent to view a photograph or other pictorial representation that depicts or describes sexual conduct by a child who the person knows is less than 18 years of age or who appears to be less than 18 years of age.

HB1104    ADULTERANT AND SYNTHETIC URINE BAN. (BEUMER G) Defines the term "adulterant". Defines the term "synthetic urine". Makes the: (1) distribution; (2) marketing; (3) offering for sale; or (4) transportation into Indiana; of adulterants or synthetic urine for the purpose of defrauding an alcohol, drug, or urine screening test a Class B misdemeanor. Enhances the offense to a Class A misdemeanor for a person with a prior unrelated conviction for the offense. Lists factors that may be used to infer intent to defraud an alcohol, drug, or urine screening test.

HB1106    ALCOHOLIC BEVERAGE CONSUMPTION BY MINORS. (STEUERWALD G) Makes it a Class C infraction for a minor to: (1) possess an alcoholic beverage; (2) consume an alcoholic beverage; or (3) transport an alcoholic beverage on a public highway when not accompanied by a parent or guardian. Provides that a minor may not be prosecuted for the infraction if the Lifeline Law (IC 7.1-5-1-6.5) applies.

HB1108    JURY STUDY. (PORTER G) Requires the Indiana judicial center to conduct a study of the manner in which prospective jurors: (1) are notified that they have been selected as a prospective juror; and (2) may communicate with the court concerning jury service. Requires that the study must be conducted in at least five counties meeting certain criteria, contain certain information, and be transmitted to the legislative council before November 1, 2018.

HB1189    CRIME REPORTING REQUIREMENTS. (OBER D) Requires local law enforcement agencies to provide criminal justice data to the Indiana state police. Requires local law enforcement agencies to participate in a statewide uniform crime report program with the National Incident Based Reporting System (NIBRS). Requires the criminal justice data division of the state police department to report crime statistics to the governor semiannually (rather than annually, as required under current law).

HB1197    INVASION OF PRIVACY. (LYNESS R) Increases the offense level for a person who commits the crime of invasion of privacy from a Level 6 felony to: (1) a Level 5 felony, if the person has one prior unrelated conviction for that offense; or (2) a Level 4 felony, if the person has two or more unrelated convictions for that offense. Allows a conviction from another jurisdiction for a substantially equivalent offense to be considered when determining the offense level.

HB1198    PROPERTY TAX ASSESSMENT APPEALS. (LYNESS R) Provides that a county assessor may assess a $50 penalty against a taxpayer for failure to appear at a hearing under certain circumstances. (Under current law, a $50 penalty shall be assessed against a taxpayer for failure to appear at a hearing under certain circumstances.) Provides that the penalty may be added as an amount owed on the taxpayer's property tax statement. (Under current law, the penalty may not be added as an amount owed on the taxpayer's property tax statement.)

HB1209    ORGANIZED RETAIL THEFT. (NEGELE S) Makes it organized retail theft, a Level 5 felony, for a person to knowingly: (1) take, procure, receive, conceal, or otherwise exercise control over merchandise of a retail merchant; or (2) use an artifice, an instrument, a container, a device, or another article to facilitate taking, procuring, receiving, concealing, or exercising control over merchandise of a retail merchant; without the consent of the retail merchant or without paying the appropriate consideration for the merchandise, and with the intent to sell, deliver, or distribute the merchandise 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.

HB1217    FORFEITURE OF CRIMINAL ORGANIZATION PROPERTY. (MCNAMARA W) Allows seizure by law enforcement of vehicles and real and personal property in connection with criminal organization crimes.

HB1218    JUVENILE JUSTICE. (MCNAMARA W) Adds additional members to a community corrections advisory board. Allows an application for a state grant for a community corrections program for juveniles to be made to the department of correction division of youth services.

HB1242    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 10 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 a person knowingly or intentionally used a firearm in the commission of a felony, the court is required to sentence the person to an additional fixed term of imprisonment of 10 years. Specifies that 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 10 years; or (2) the court from sentencing a person to the additional fixed term of imprisonment of 10 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.

HB1263    CRIMINAL LAW MATTERS. (WASHBURNE T) Provides that a sex or violent offender who: (1) knowingly or intentionally fails to register as required; and (2) has a prior unrelated conviction in another jurisdiction for an offense that is substantially equivalent to an offense of failure to register as required under Indiana law; commits a Level 5 felony. Provides that for purposes of the habitual offender statute, a Level 6 felony means a conviction for which a convicted person could have been imprisoned for more than one year but not more than two and one-half years.

HB1297    CRIMES AGAINST PUBLIC SAFETY OFFICIALS. (KARICKHOFF M) Increases the penalty for battery if it is committed against a public safety official or a relative of a public safety official because of the official's status or perceived status as a public safety official, and increases the penalty for criminal recklessness if it is committed against: (1) a public safety official while the official is engaged in the official's official duties; or (2) a public safety official or a relative of a public safety official if the offense is committed because of the official's status or perceived status as a public safety official.

HB1360    STATUTORY CONSTRUCTION; CRIMINAL INTENT. (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: (1) operating while intoxicated; and (2) operating a motorboat while intoxicated; are strict liability offenses. Makes technical corrections.

HB1367    THEFT THROUGH SCHEME OR ARTIFICE. (SMITH M) Provides that the crime of theft is a Level 6 felony for a person who: (1) does not have a contractual interest in the dwelling of another person; and (2) executes a scheme or artifice in order to enter the dwelling of another person; for the purpose of committing the crime of theft.

HB1427    OBSTRUCTION OF JUSTICE ENHANCEMENT. (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.

HB1429    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.

HB1444    CRIMINAL AND CIVIL LIABILITY FOR RANSOMWARE. (JUDY C) Increases the penalty for computer trespass to a Level 6 felony if the person who commits the offense prevents the owner of the computer system from accessing the computer system, the computer network, or one or more files located on the computer system or computer network. Provides that a person who is the victim of computer trespass may bring a civil action against the person who committed the offense for treble damages, costs, and reasonable attorney's fees.

HB1482    SENTENCING. (CULVER W) Provides that a person who: (1) commits an offense; and (2) is sentenced; before July 1, 2014, may petition a court for a modified sentence consistent with the statutory penalties enacted on July 1, 2014, by HEA 1006-2014. Prohibits a person from seeking a modified sentence if: (1) the person is a credit restricted felon; (2) the person is a violent criminal; or (3) the person has already received a sentence modification. Defines certain terms. Makes conforming amendments.

HB1518    LAURA'S LAW. (GOODIN T) To honor the memory of Laura Russell, provides that if a court denies a request for an arrest warrant involving a crime of domestic violence, a prosecuting attorney may petition a court to hold an ex parte hearing to present additional evidence to establish probable cause. Requires a court to hold the ex parte hearing within 24 hours after the petition is filed. Provides that if a court denies a request for an arrest warrant after the ex parte hearing and issues a summons for the defendant, certain notice of the summons to the victim is required. Requires the service of summons on a defendant concerning an alleged crime of domestic violence to be served by a law enforcement officer. Requires a bail hearing if a person is charged with a crime of domestic violence. Enhances the penalty for invasion of privacy to a Level 6 felony if a person violates a no contact order that was issued as a condition of probation or a bond. Enhances the penalty for domestic battery to a Level 6 felony if a person has a previous conviction of domestic battery. Provides that bail must be revoked for a defendant charged with a crime of domestic violence who violates a no contact order while on bail and who is subsequently charged with invasion of privacy or a subsequent crime of domestic violence.ARD CAMERAS. (RANDOLPH L) Requires a state or local government law enforcement agency that installs audiovisual recording systems in the agency's patrol cars to adopt a policy meeting certain requirements regarding the use of the recording system.

HB1534    ORDERS OF PROTECTION AND FIREARMS. (MCNAMARA W) Requires a court to prohibit a person who is subject to an order for protection from using or possessing firearms or ammunition if the domestic or family violence giving rise to the order of protection involved the use or threat of use of a firearm. Requires a court to order the surrender of firearms and ammunition owned or possessed by a person who is subject to an order for protection if the domestic or family violence giving rise to the order of protection involved the use or threat of use of a firearm.

HB1551    WATER SUPPLY DEVELOPMENT AND SUSTAINABILITY COSTS. (VANNATTER H) Authorizes a public utility that provides water utility service to petition the utility regulatory commission (commission) for approval of a plan to develop a future source of water supply. Requires the commission to approve the plan if the commission finds that the proposed future source of supply is reasonably needed within the utility's timetable for providing reasonably adequate service. Provides that, after the utility's plan is approved, the commission shall, for ratemaking purposes, add the costs incurred by the utility in developing the future source of water supply to the value of the water utility's property even though the source of supply is not yet used and useful in the provision of service. Authorizes a water or wastewater utility to petition the commission for an adjustment to its rate schedules in an amount that will provide for recovery of costs incurred by the utility for "sustainability improvements" (which include complying with federal or local environmental requirements, replacing lead service lines owned by customers, and installing or replacing plant or equipment to further health, safety, or environmental protection). Requires a utility to obtain the commission's approval of its plan for sustainability improvements in certain cases. Authorizes the office of the utility consumer counselor to submit a report on the utility's petition to the commission. Requires the commission to conduct a hearing on the utility's petition and to issue its order not later than 60 days after the petition is filed.

HB1577    DNA SAMPLES OF FELONY ARRESTEES. (BAUER B) Requires every person arrested for a felony after June 30, 2017, 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.

HB1603    VICTIM COMPENSATION AND VICTIMS' RIGHTS. (HATFIELD R) Provides that: (1) leaving the scene of an accident if the accident results in serious bodily injury or death; and (2) operating while intoxicated causing serious bodily injury or death; are "violent crimes" for purposes of the victim compensation act. Provides that if a victim requests an expedited trial, the court shall require a trial or disposition of the criminal case within 18 months.

HB1650    GRAND JURY INDICTMENT PROHIBITED IN CERTAIN CASES. (PORTER G) Provides that a law enforcement officer who is alleged to have unlawfully caused bodily injury to a civilian by discharging a firearm or using physical force may be charged only by information. (Under current law, the law enforcement officer may be charged by information or by grand jury indictment.)

SB4    OPERATION OF DASHBOARD CAMERAS. (RANDOLPH L) Requires a state or local government law enforcement agency that installs audiovisual recording systems in the agency's patrol cars to adopt a policy meeting certain requirements regarding the use of the recording system.

SB10    CRIMES AGAINST PUBLIC SAFETY OFFICIALS. (MERRITT J) Increases the penalty for battery if it is committed against a public safety official or a relative of a public safety official because of the official's status or perceived status as a public safety official, and increases the penalty for criminal recklessness if it is committed against: (1) a public safety official while the official is engaged in the official's official duties; or (2) a public safety official or a relative of a public safety official if the offense is committed because of the official's status or perceived status as a public safety official.

SB18    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.

SB21    PROSECUTORIAL CONSENT WITH EXPUNGEMENTS. (RANDOLPH L) Requires a prosecuting attorney to file objections to an expungement petition with the court and serve a copy on the petitioner. Provides that the court shall set a hearing regarding the objections if the court finds there is just cause to the objections.

SB26    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.

SB32    MOVING TRAFFIC VIOLATIONS. (KRUSE D) Provides that a person may not drive a vehicle while holding an animal.

SB37    CERTIFICATIONS CONCERNING BREATH TESTS. (ZAKAS J) Authorizes the department of toxicology (department) to publish certifications of breath test operators, breath test equipment and chemicals, and proper breath test administration techniques on its Internet web site. Provides that a certification published on the department's Internet web site and obtained from the department as an electronic record bearing an electronic signature: (1) is admissible in a proceeding involving the offense of operating a vehicle while intoxicated; and (2) constitutes prima facie evidence concerning the equipment used in administering a breath test, the technique used in administering the breath test, or the certification of the operator who administered the breath test.

SB38    LIFETIME PAROLE. (ZAKAS J) Requires a sexually violent predator released on lifetime parole to be placed on 24 hour GPS monitoring even if funds have not been specifically appropriated to the department of correction for this purpose. Requires the parole board to inform the superintendent of the department of correction and the county prosecuting attorney: (1) that an offender has been placed on lifetime parole; and (2) whether the offender is required to wear a GPS monitoring device as a condition of parole. Provides that a person placed on lifetime parole who violates a condition of parole involving a child or a victim commits criminal parole violation by a sexual predator. (Under current law, a person commits the offense only if the person has two previous parole violations or if the person has completely served the person's sentence.)

SB40    CHECK DECEPTION. (KOCH E) Allows multiple checks, orders, or drafts to be aggregated in value and charged in a single count of check deception.

SB41    USE OF FORFEITURE PROCEEDS. (GROOMS R) Provides that, in a forfeiture proceeding, 1/3 of the proceeds may be provided to the prosecuting attorney or an attorney retained by the prosecuting attorney in a forfeiture action, unless the prosecuting attorney has declined a request from the state police department to transfer the forfeiture to federal jurisdiction, in which case 20% of the proceeds but not more than $5,000 may be transferred to the prosecuting attorney. Provides that of the remaining proceeds, 15% shall be provided to the common school fund and 85% shall be distributed to an account for distribution to law enforcement agencies participating in the seizure as necessary law enforcement expenses. Specifies that money or the proceeds of seized property placed in a county asset forfeiture account may be disbursed only by action of the county legislative body under a claim submitted by a law enforcement agency or prosecuting attorney, and must be disbursed under an interlocal agreement, if applicable. Permits a prosecuting attorney to retain an attorney to bring a forfeiture action only if the attorney general reviews the compensation agreement between the prosecuting attorney and the retained attorney, and requires that the compensation agreement with the retained attorney be capped at: (1) 33 1/3% of the first $10,000 of the amount of the proceeds or money obtained; (2) 25% of the part of the amount between $10,000 and $100,000; and (3) 20% of the part of the amount that is at least $100,000; unless a court finds that the forfeiture action is unusually complex. Requires a court to notify the Indiana criminal justice institute of the amount and manner of a forfeiture distribution. Provides that a prosecuting attorney or deputy prosecuting attorney who engages in a forfeiture action for the prosecuting attorney's office may not receive a contingency fee.

SB55    DRUG OR ALCOHOL SCREENING TESTS. (BRAY R) Expands the definition of "drug or alcohol screening test" for purposes of the criminal law governing forgery, fraud, and other deceptions to include testing that is ordered by a court as part of a civil action.

SB100    PATRONIZING A PROSTITUTE. (BRAY R) Renames the crime of patronizing a prostitute as making an unlawful proposition.

SB101    SENTENCING ADVISEMENT. (BRAY R) Removes the requirement that a trial court advise a convicted defendant of the earliest release date and the maximum possible release date from incarceration.

SB103    JUVENILE DNA COLLECTION. (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.

SB104    DNA SAMPLE FROM FELONY ARRESTEES. (ZAKAS J) Requires every person arrested for a felony after June 30, 2017, 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 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 an additional $500,000 semiannually to: (1) hold harmless all funds that receive distributions from the state share of collected court fees; and (2) 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.

SB113    SEIZURE AND FORFEITURE REPORTING. (KRUSE D) Provides that forfeiture may only occur following a criminal conviction. Establishes a procedure for criminal forfeiture, and repeals provisions relating to civil forfeiture. Requires that certain information concerning forfeitures be annually reported to the legislative council. Makes conforming amendments.

SB120    PLEA AGREEMENTS AND SENTENCING. (KOCH E) Removes a provision excluding a plea agreement, a presentence report, and hearings on a plea agreement from the official record of a case unless the plea agreement is accepted by the court. Removes a provision requiring that a trial court advise a convicted defendant of the earliest release date and the maximum possible release date at the time the court pronounces the defendant's sentence.

SB143    SENTENCE MODIFICATION. (RANDOLPH L) Changes the sentence modification statute by: (1) removing restrictions on the availability of sentence modification to persons convicted of certain crimes; (2) removing provisions allowing a court to: (A) deny a request to suspend or reduce a sentence without making written findings and conclusions; and (B) reduce or suspend a sentence without holding a hearing under certain circumstances; (3) removing provisions regarding prisoner petitions for sentence modification; and (4) removing a prohibition on including waiver of a convicted person's right to sentence modification as part of the person's plea agreement.

SB146    DEATH SENTENCE ELIMINATION. (RANDOLPH L) Abolishes the death penalty. Repeals the law concerning the imposition and execution of death sentences, and makes conforming amendments. Specifies that if a person was sentenced to death and is awaiting execution of the death sentence, the person's death sentence is commuted to a sentence of life imprisonment without parole. Provides that when a defendant is charged with a murder for which the state seeks a sentence of life imprisonment without parole, the defendant may file a petition alleging that the defendant is an individual with an intellectual disability. Provides that if a defendant who is determined to be an individual with an intellectual disability is convicted of murder, the court may sentence the defendant only to a fixed term of imprisonment. Makes technical corrections.

SB155    CAPITAL PUNISHMENT AND SERIOUS MENTAL ILLNESS. (MERRITT J) Establishes a procedure to determine whether a defendant charged with or convicted of murder is an individual with a serious mental illness. Prohibits the imposition of the death penalty on a defendant found to be an individual with a serious mental illness.

SB170    PHARMACY ROBBERY. (YOUNG M) Provides that a juvenile court does not have jurisdiction over an individual for an alleged robbery that was committed in a pharmacy or in a retailer containing a pharmacy if the individual was at least 16 years of age but less than 18 years of age at the time of the alleged robbery. Specifies that a juvenile court does not have jurisdiction over such an individual if the individual allegedly committed the offense of carrying a handgun without a license or an offense under the children and firearms statute. (Under current law, a juvenile court does not have jurisdiction over the alleged commission of these offenses if the offense is charged as a felony.)

SB177    RESISTING LAW ENFORCEMENT. (GLICK S) Specifies that a person who recklessly, knowingly, or intentionally fails to comply with the lawful order of a law enforcement officer with authority to direct traffic commits a Class C infraction. (Under current law, a person commits the infraction only if the failure to comply is done knowingly.) Provides that a person who knowingly or intentionally fails to comply with the lawful order of a law enforcement officer while the officer is engaged in the officer's official duties commits resisting law enforcement, a Class A misdemeanor.

SB178    PAYMENT OF TRIAL EXPENSES. (BUCK J) Establishes the public safety official capital prosecution fund, and permits a county to seek reimbursement from the fund for 50% of the expenses incurred in prosecuting a capital case against a defendant charged with the murder of a public safety official.

SB180    VOYEURISM. (HOUCHIN E) Provides that the crime of voyeurism is a Level 5 felony if the person peeped upon is less than 15 years of age.

SB181    ACCESSING CHILD PORNOGRAPHY. (HOUCHIN E) Makes it a Level 6 felony for a person to access, with intent to view, a photograph or other pictorial representation that depicts or describes sexual conduct by a child who the person knows is less than 18 years of age or who appears to be less than 18 years of age.

SB223    RESISTING LAW ENFORCEMENT. (BRAY R) Specifies that a person who recklessly, knowingly, or intentionally fails to comply with the lawful order of a law enforcement officer with authority to direct traffic commits a Class C infraction. (Under current law, a person commits the infraction only if the failure to comply is done "knowingly".) Provides that a person who knowingly or intentionally refuses to comply with the lawful order of a law enforcement officer after having been detained based on: (1) probable cause; (2) reasonable suspicion; (3) a warrant; or (4) another court order; commits resisting law enforcement as a Class C misdemeanor. Makes conforming amendments.

SB228    BAIL. (YOUNG M) Establishes bail guidelines for arrestees that recommend that arrestees who do not present a substantial risk of flight or danger be released without bail, subject to restrictions determined by the court. Excludes arrestees charged with murder, on pre-trial release for another offense, under court or community supervision, or seeking bail pending appeal. Repeals a provision relating to the impeachment of witnesses.

SB229    CATASTROPHIC INJURY. (YOUNG M) Defines "catastrophic injury", and permits a court to impose an additional fixed term of five to 10 years if a person commits certain offenses that cause the victim to suffer catastrophic injury. Prohibits imposing an additional fixed term if the same facts necessary to establish the catastrophic injury are used to prove an element of the offense.

SB230    INTERNET CRIMES AGAINST CHILDREN FUND. (CRIDER M) Establishes the Internet crimes against children fund (fund). Appropriates $2,000,000 from the state general fund to the fund. Requires the state police department (department) to administer the fund and use money in the fund to: (1) pay for costs incurred by the department for training and purchasing equipment for the investigation of offenses that involve the use of the Internet in which a child is the alleged victim; and (2) award grants to county, city, and town law enforcement agencies that agree to use the money to investigate Internet crimes against children in accordance with United States Department of Justice Internet Crimes Against Children Operational and Investigative Standards.

SB234    EXPLOITATION OF VULNERABLE INDIVIDUALS. (CRIDER M) Increases the penalties for exploitation of a dependent or an endangered adult and financial exploitation of an endangered adult.

SB239    VICTIM NOTIFICATION. (HEAD R) Provides that if the discharge or release date of an offender is changed during the 40 day notification period before an offender's planned discharge or release, the department of correction shall notify the victim as soon as possible but not more than 48 hours after the change in the discharge or release date.

SB258    EXPUNGEMENT OF CIVIL FORFEITURE RECORDS. (TALLIAN K) Permits the expungement of civil forfeiture records if a related arrest or conviction is expunged.

SB270    BATTERY ON A SPORTS OFFICIAL. (RANDOLPH L) Increases the penalty for battery if it is committed against an individual certified as a referee, an umpire, or an athletic official. Makes conforming technical corrections.

SB271    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.

SB280    ACTS OF PROSTITUTION COMMITTED BY CHILDREN. (LANANE T) Provides that prostitution is a criminal offense only if committed by a person who is at least 18 years of age. Defines "juvenile prostitution". Provides that a person less than 18 years of age who is engaged in juvenile prostitution is considered a juvenile prostitution victim. Adds juvenile prostitution to elements involving prostitution in human trafficking crimes and the crimes of visiting a common nuisance and promoting prostitution. Provides that a juvenile prostitution victim who needs care, treatment, or rehabilitation from the court is a child in need of services.

SB283    PYRAMID PROMOTIONAL SCHEMES. (MESSMER M) Removes references to pyramid promotional schemes in the deceptive consumer sales law and addresses pyramid promotional schemes in a separate law. Eliminates the private cause of action for a consumer deceived by a pyramid promotional scheme. Provides that a person may not establish, promote, operate, or participate in a pyramid promotional scheme. Specifies that a person who establishes, promotes, or operates a pyramid promotional scheme commits a Level 5 felony. Specifies that a person who participates in a pyramid promotional scheme commits a Class A misdemeanor. Specifies the enforcement powers of the attorney general with respect to pyramid promotional schemes. Increases the maximum amount of a civil penalty that may be imposed upon a pyramid promotional scheme to $10,000. Prescribes a rule of construction and its application to certain marketing operations.

SB299    OFFENSES INVOLVING UNMANNED AERIAL VEHICLES. (KOCH E) Amends the definition of "unmanned aerial vehicle" throughout the Indiana Code to specify that the term includes: (1) an unmanned aircraft and an unmanned aircraft system; and (2) a small unmanned aircraft and a small unmanned aircraft system; all as defined in federal law. Creates the following new criminal offenses involving the use of an unmanned aerial vehicle as Class A misdemeanors: (1) Sex offender unmanned aerial vehicle offense. (2) Public safety remote aerial interference. (3) Remote aerial voyeurism. (4) Remote aerial harassment. Provides that the offenses are Level 6 felonies if the accused person has a prior unrelated conviction for the same offense. Provides that it is not a defense to a prosecution for invasion of privacy that the accused person used or operated an unmanned aerial vehicle in committing the violation.

SB306    ATTENDING AN ANIMAL FIGHTING CONTEST. (HERSHMAN B) Makes attending an animal fighting contest a Level 6 felony regardless of whether the person attending the animal fighting contest has an animal in the person's possession. Repeals the law that makes attending a fighting contest involving animals a Class A misdemeanor.

SB320    MANUFACTURE OF HASH OIL. (HOUCHIN E) Increases the penalty for dealing in marijuana, hash oil, hashish, or salvia from a Class A misdemeanor to: (1) a Level 5 felony if the manufacture of hashish or hash oil leads to an explosion; (2) a Level 4 felony if the manufacture of hashish or hash oil results in serious bodily injury to someone other than the manufacturer; and (3) a Level 3 felony if the manufacture of hashish or hash oil leads to the death of a person.

SB321    MANUFACTURE OF METHAMPHETAMINE. (HOUCHIN E) Provides that a person who knowingly or intentionally manufactures or finances the manufacture of methamphetamine commits manufacturing methamphetamine, a Level 4 felony. Specifies circumstances under which the crime is a Level 3 or Level 2 felony. Makes conforming amendments. Makes technical corrections.

SB322    DNA FOR FELONY ARRESTEES. (HOUCHIN E) Requires every person arrested for a felony after June 30, 2017, 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. 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.

SB323    PROTECTIVE ORDERS AND WIRELESS SERVICE PROVIDERS. (HOUCHIN E) Allows a court to include the transfer of wireless telephone numbers and accounts as part of an order for protection.

SB324    DRUG DEALING RESULTING IN DEATH. (HOUCHIN E) Provides that a person who knowingly or intentionally manufactures, finances the manufacture of, delivers, or finances the delivery of cocaine, a narcotic drug, methamphetamine, or a schedule I, II, or III drug, the delivery of which results in the death of the user, commits a Level 2 felony. Provides that a person who knowingly or intentionally manufactures, finances the manufacture of, delivers, or finances the delivery of a schedule IV drug, the delivery of which results in the death of the user, commits a Level 3 felony.

SB333    BIAS CRIMES. (TAYLOR G) Requires law enforcement officers to receive training in identifying, responding to, and reporting bias motivated crimes in which the person who committed a criminal offense selected the victim who was injured or whose property was damaged because of the individual's actual or perceived race, color, creed, disability, national origin, religion, sexual orientation, gender, or gender identity. Allows an individual who suffers a personal injury or property damage because of a criminal offense or delinquent act to bring a civil action to recover damages, including punitive damages, if the person who committed the criminal offense or delinquent act that caused the injury or property damage selected the individual because of the individual's actual or perceived race, color, creed, disability, national origin, religion, sexual orientation, gender, or gender identity. Establishes a sentencing procedure that requires a court, when sentencing an individual who has committed a crime that is motivated by a bias against another individual's race, color, creed, disability, national origin, religion, sexual orientation, gender, or gender identity, to impose an additional fixed term of imprisonment not to exceed five years.

SB336    BIAS CRIMES. (TAYLOR G) 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.

SB401    DEPARTMENT OF CORRECTION AND LEVEL 6 FELONS. (FREEMAN A) Repeals provisions prohibiting a court from committing certain persons convicted of Level 6 felonies to the department of correction.

SB404    ABORTION, CHILD ABUSE, AND SEXUAL TRAFFICKING. (HOUCHIN E) Requires that certain information must be provided by the parent or legal guardian of an unemancipated pregnant woman when giving written consent for the unemancipated pregnant woman to have an abortion. Provides that a parent or legal guardian of a pregnant minor; (1) is an interested party with respect to a petition to waive the parental consent requirement; and (2) shall be served notice of any hearing on the petition. Provides that the court may not rule on the petition unless proof of service of the notice to a parent or legal guardian is filed with the court. Provides that the parent or legal guardian is entitled to an opportunity to submit evidence to the court. Provides that a court may waive the requirement of parental consent if the court finds by clear and convincing evidence that the minor is mature enough to make the abortion decision independently or that an abortion would be in the minor's best interests. (Current law does not specify a standard of proof.) Requires a physician who receives written consent for an unemancipated pregnant woman to have an abortion to execute an affidavit for inclusion in the unemancipated pregnant woman's medical record. Prohibits a person from aiding or assisting an unemancipated pregnant woman in obtaining an abortion without the consent of the minor's parent or guardian. Authorizes the award of civil damages for a violation. Authorizes certain persons to seek an injunction from acts that would aid or assist an unemancipated pregnant woman in obtaining an abortion without parental consent. Provides that a health care provider shall transmit the pregnancy termination form to the state department of health (state department) and separately to the department of child services if the woman having the abortion is less than 16 years of age (rather than if the woman is less than 14 years of age as provided by current law). Requires the state department to notify and provide a copy of the form to the department of child services when it has received a form notifying the state department that a female less than 16 years of age has had an abortion. Raises the penalty for the failure to file certain forms regarding performed abortions from a Class B misdemeanor to a Class A misdemeanor. Makes it a Class A misdemeanor for a physician to perform an abortion on a female who is less than 16 years of age and recklessly fail to transmit the pregnancy termination form to the state department. Provides that a health care practitioner is subject to disciplinary sanctions for failure to report suspected child abuse or sexual trafficking. Requires the medical licensing board to revoke a physician's license if the physician: (1) negligently fails to transmit a form regarding an abortion performed on a female who is less than 16 years of age; and (2) performs an abortion in violation of state law.

SB405    OFFENSES COMMITTED BY INCARCERATED INDIVIDUALS. (HOUCHIN E) Provides that the knowing or intentional possession of: (1) a cellular telephone; (2) storage media; (3) a subscriber identity module or SIM card; or (4) any other cellular or wireless communications device; while incarcerated in a jail or state penal facility is a Level 5 felony (instead of a Class A misdemeanor). Provides that a person convicted of a misdemeanor offense may be committed to the department of correction for an executed sentence if the person was serving a prior, unrelated sentence at the department of correction when the misdemeanor was committed. Provides that a person convicted of a Level 6 felony may be sentenced to the department of correction if the person committed the Level 6 felony in or on the premises of a department of correction facility. Defines certain terms. Makes conforming amendments.

SB411    CRIMES INVOLVING SYNTHETIC DRUGS. (HOUCHIN E) Makes possessing or dealing a substance that is a controlled substance analog an offense of the same level as possession of or dealing the controlled substance of which the substance is an analog. Defines "substance represented to be a controlled substance" and establishes certain factors the trier of fact may consider to determine if a substance meets the definition. Repeals crimes concerning synthetic drug lookalike substances. Provides that convictions for synthetic drug offenses will, in certain cases, no longer be treated the same as marijuana offenses. Makes conforming amendments.

SB424    VARIOUS CRIMES. (YOUNG M) Provides that the crime of strangulation includes application of pressure to a victim's torso, and increases the penalty to a Level 5 felony if it is knowingly committed against a pregnant woman. Creates an enhancement to obstruction of justice if a person interferes with a witness during the investigation or pendency of a domestic violence or child abuse case. Increases the penalty for receiving stolen auto parts if the person has a prior conviction. Defines "drug related felony", and requires the division of state court administration to report certain drug related felonies to the National Precursor Log Exchange (NPLEx) so that NPLEx can generate a stop sale alert to prevent individuals with drug related felonies from purchasing ephedrine or pseudoephedrine. Provides that the offense of possession of a precursor by a methamphetamine offender (which prohibits the possession of pseudoephedrine or ephedrine without a prescription by persons convicted of certain offenses) applies to a person who has been convicted of a drug related felony.

SB425    LOW LEVEL OFFENSES. (YOUNG M) Reduces from a Level 6 felony to a Class A misdemeanor several crimes concerning elections. Repeals the provision that makes it a Class B misdemeanor for a bar or liquor store to sell alcohol for anything other than cash. (Under current law, the offense is a Level 6 felony.)

SB427    ACCESS TO EXPUNGED RECORDS. (TAYLOR G) Provides that law enforcement officers lacking a court order may access expunged information or records only when acting in an: (1) enforcement; or (2) investigative; capacity.

SB439    BIAS CRIMES. (GLICK S) Makes it an aggravating circumstance (for purposes of imposing a criminal sentence) that the crime was committed with the intent to harm or intimidate an individual because of certain perceived or actual characteristics of the individual.

SB462    VARIOUS CRIMINAL LAW MATTERS. (HERSHMAN B) Defines "family housing complex", and provides that it is an enhancing circumstance for an offense to be committed in or near a family housing complex. Provides that it is a Level 3 felony for a serious violent felon to knowingly or intentionally possesses a firearm. Limits the court's ability to suspend the sentence for certain felonies. Allows various drug crimes that are based on the amount of the drug involved to be based on an amount aggregated over a period of 180 days. Increases the offense level for various drug crimes if the delivery of the drug to a user results in the user's death.

SB479    MOTOR VEHICLE RELATED OFFENSES. (KOCH E) Provides that a person who commits a Class A misdemeanor or a felony by failing to comply with the duties of the operator of a motor vehicle involved in an accident commits a separate offense for each person whose serious bodily injury or death is caused by the person's failure to comply with those duties. Provides that it is a Level 4 felony (instead of a Level 5 felony) for a vehicle operator to cause the death of another person when: (1) the vehicle operator's blood or breath has a certain alcohol concentration; (2) the vehicle operator's blood contains a controlled substance or its metabolite; or (3) the vehicle operator is intoxicated; if, in addition, the vehicle operator causes the death of the other person when the driving privileges of the vehicle operator are suspended under the habitual traffic violator law. Provides that the felony of failing to comply with the duties of the operator of a motor vehicle involved in an accident resulting in serious bodily injury or death is a "crime of violence" for purposes of the statute concerning the determination of whether terms of imprisonment shall be served concurrently or consecutively.

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