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Bill Watch, Mar. 14, 2017: Current Criminal Law Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Mar 14, 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.

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).

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.

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).

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.

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.

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.

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.

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.)

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.

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.

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.)

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.

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.

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.

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.

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.

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.)

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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