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Bill Watch, Jan. 24, 2020: Current Criminal Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Jan 28, 2020

The IndyBar Legislative Committee is currently monitoring the following sports and criminal related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at mwestrick@indianaenergy.org.

Click here to view the full Bill Watch reports.

HB1006 REGULATION OF TOBACCO PRODUCTS. (KIRCHHOFER C) For purposes of IC 7.1 and the provisions of IC 35 concerning sales and distribution of tobacco products to minors, defines "tobacco product" as any of the following: (1) A product containing tobacco or nicotine, including a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, or snus. (2) An electronic smoking device that may or may not contain nicotine, including an electronic cigarette, cigar, pipe, hookah, vape pen, and cartridge. (3) E-liquid that may or may not contain nicotine. (4) Any component or part of those items that may or may not contain nicotine, including filters, rolling papers, blunt or hemp wraps, and pipes. Requires a person to be at least 21 years of age to purchase tobacco products or to hold a tobacco sales certificate (certificate) to sell tobacco products. Requires a seller of tobacco products to verify the age of a purchaser who appears to be less than 30 years of age (instead of 27 years of age) by checking a government issued identification. Makes a certificate expire annually (instead of every three years). Prohibits the issuance of a certificate within three years of the revocation of a previous certificate for that location. Increases the civil penalties for a retailer that sells tobacco products to a person under 21 years of age and provides the following: (1) Requires suspension of the certificate for a retail establishment that has two or three violations within three years. (2) Requires revocation of a certificate for a retail establishment that has four violations within three years. Provides that a retailer that has four violations in three years (instead of six violations in 180 days) commits habitual sale of a tobacco product, a Class B infraction. Provides that the primary activity of a "tobacco business" is the sale of tobacco products. Prohibits a tobacco business from locating within 1,000 feet (instead of 200 feet) of a school after June 30, 2020, unless the tobacco business was in operation before: (1) July 1, 2020; or (2) the school located near the tobacco business. Requires a person to be 21 years of age (instead of 18 years of age) to enter certain businesses where smoking is permitted. Requires a vending machine that sells tobacco products to be located in an area where only persons who are at least 21 years of age are permitted. Provides that a person who is a nonmanagement level employee of a retailer who sells tobacco products to a person less than 21 years of age may be allowed to complete an education program for retailers instead of paying a civil penalty. Provides that a person who: (1) is not a retailer or employee; (2) is at least 21 years of age; and (3) purchases a tobacco product for a person who is less than 21 years of age; may be assessed a civil penalty of not more than fifty dollars ($50). Prohibits a person who is less than 21 years of age from purchasing, accepting, or possessing a tobacco product. Provides that it is a Class B infraction if a person knowingly sells a tobacco product that contains vitamin E acetate.
 
HB1020 END OF LIFE OPTIONS. (PIERCE M) Allows individuals with a terminal illness who meet certain requirements to make a request to an attending physician for medication that the individual may self-administer to end the individual's life. Specifies requirements a physician must meet in order to prescribe the medication to a patient. Prohibits an insurer from denying payment of benefits under a life insurance policy based upon a suicide clause in the life insurance policy if the death of the insured individual is the result of medical aid in dying. Establishes a Level 1 felony if a person: (1) without authorization of the patient, willfully alters, forges, conceals, or destroys a request for medication or a rescission of a request for medication with the intent or effect of causing the individual's death; or (2) knowingly or intentionally coerces or exerts undue influence on an individual to request medication to end the individual's life or to destroy a rescission of a request for medication to end the individual's life.
 
HB1029 SECURE FIREARMS STORAGE FOR DEALERS. (BURTON W) Defines the following terms as related to the secure storage of firearms: (1) "Firearm". (2) "Receiver". (3) "Securely store". Amends the statutory definition of "dealer" to include any person who holds himself or herself out as a buyer and seller of firearms on a regular and continuing basis. Requires a dealer to securely store any firearm in or on the premises of the dealer's fixed place of business during nonbusiness hours. Provides that a dealer who knowingly or intentionally fails to securely store a firearm located in or on the premises of the dealer's fixed place of business during nonbusiness hours commits a Class B infraction. Enhances the offense to a: (1) Class A infraction if the dealer has a prior unrelated adjudication for the offense; or (2) Class A misdemeanor if the dealer has two or more prior unrelated adjudications or convictions for the offense. Prohibits certain defenses. Makes conforming amendments.
 
HB1032 INTERFERING WITH PUBLIC SAFETY. (MILLER D) Renames the offense of "interfering with law enforcement" to "interfering with public safety", and provides that a person who enters a marked off area after having been denied entry by a firefighter commits interfering with public safety. (Under current law, the offense is only committed if the person is denied entry by a law enforcement officer.)
 
HB1036 CANNABIS. (LUCAS J) Decriminalizes the possession of: (1) 30 grams or less of cannabis; or (2) five grams or less of hash oil or hashish; by making the violation a Class D infraction. Provides that a person who knowingly or intentionally possesses an instrument, a device, or another object that the person intends to use for introducing cannabis into the person's body, commits a Class D infraction. Establishes a per se intoxication level of 10 nanograms of THC per milliliter of whole blood for purposes of operating while intoxicated laws, and requires that the analysis of controlled substances in a person's blood measure only the controlled substance and not the metabolites of the controlled substance. Repeals the term "marijuana" and replaces with the term "cannabis". Makes conforming changes.
 
HB1056 PARENTAL NOTICE OF JUVENILE ARREST AT SCHOOL. (BOY P) Requires that a law enforcement officer who arrests a child on school property or at a school-sponsored event must make a reasonable attempt to notify the child's parent, guardian, or custodian before the child can be moved to a different location.
 
HB1057 DETENTION OF JUVENILES CHARGED AS ADULTS. (BOY P) Requires the department of correction to adopt jail standards that prohibit a jail from housing a child less than 18 years of age in the same cell as an adult, even if the child is charged as an adult or has been convicted of an offense as an adult. Specifies that a county jail may transfer a child if necessary to comply with the prohibition against housing a child in the same cell as an adult.
 
HB1069 JUDICIAL OFFICERS AND PUBLIC SAFETY OFFICIALS. (COOK A) Provides that a person commits battery on a public safety official if the offense is committed against a current or former public safety official: (1) while the official is engaged in the official's official duty; or (2) in retaliation for the official having engaged in the official's official duty. (Under current law, a person commits the offense only if the official is acting in the person's official duty.) Exempts a person who retires from judicial office after at least 20 years of service or because of a disability from the payment of the fee for a license to carry a handgun. Permits a former judicial officer to possess and use a handgun in the same locations as a judicial officer, and requires the supreme court to annually issue an identification card to a former judicial officer.
 
HB1075 MINIMUM AGE FOR JUVENILE DETENTION. (PRYOR C) Provides that a child who is less than 12 years of age may not be held in a juvenile detention facility, unless: (1) the child is 10 years of age or 11 years of age; and (2) the court finds that: (A) there is probable cause to believe the child committed an act that would be murder if committed by an adult; and (B) it is in the best interests of the child or the community that a petition be filed alleging that the child is a delinquent child. Requires a court that orders a child 10 years of age or 11 years of age to be detained in a juvenile facility to make specified written findings and conclusions.
 
HB1076 SUMMONS TO APPEAR FOR A MISDEMEANOR. (PRYOR C) Provides that in lieu of arresting a person who has allegedly committed a misdemeanor (other than a traffic misdemeanor) in a law enforcement officer's presence, the officer may issue a summons and promise to appear unless the person: (1) has committed a violent misdemeanor offense that involves a victim or a weapon or involves an offense related to the impaired operation of a motor vehicle; (2) poses a safety risk to the person, the officer, or the public; or (3) has falsely identified the person to the officer. Requires that the summons set forth substantially the nature of the offense and direct the person to appear before a court at a stated place and time not later than seven business days after issuance of the summons.
 
HB1077 PROFESSIONAL LICENSING AGENCY. (ZENT D) Amends various statutes to conform to HEA 1269-2019. Removes the one year limitation on renewing the registration of a pharmacist intern. Removes the requirement that an out-of-state provider's home state extend reciprocity to Indiana licensees when considering the out-of-state provider's application for a license to provide home medical equipment services on the basis of reciprocity. Reorganizes the home medical equipment services statute by separating the reciprocity requirements from the general license application statute. Updates terminology in the physician assistant statute to refer to collaboration rather than supervision in conformance with HEA 1248-2019. Specifies that an Indiana registration may be termed "surrendered for cause" if a registrant's federal registration for the manufacture, distribution, or dispensing of controlled substances is terminated, denied, suspended, or revoked by the Drug Enforcement Administration. Makes technical corrections.
 
HB1083 DRIVING CARDS. (CAMPBELL C) Provides for the issuance of driving cards and driving card learner's permits (cards) to residents of Indiana who cannot provide proof of identity and lawful status in the United States. Provides that cards may not be used for federal identification or any other federal purpose. Requires that an individual who holds a card and operates a motor vehicle must verify that financial responsibility on any motor vehicle that the holder operates is continuously maintained in the amounts required by law. Makes conforming amendments. Makes technical corrections.
 
HB1097 SENTENCE MODIFICATION. (YOUNG J) Requires a court, in a sentence modification proceeding, to consider whether a criminal penalty has been reduced. Urges the legislative council to assign the topic of sentence modification to an interim study committee.
 
HB1120 EDUCATIONAL CREDIT TIME. (STEUERWALD G) Amends guidelines related to educational credit time for a person incarcerated in the department of correction.
 
HB1124 BAN ON SALE OF FLAVORED TOBACCO. (JACKSON C) Prohibits the sale of flavored tobacco products and their components, including: (1) cigarettes, electronic cigarettes, and smokeless tobacco; and (2) tobacco products that have a characterizing flavor. Defines "characterizing flavor". Provides that a person or entity that sells a flavored tobacco product commits a Class C misdemeanor and may have the person's tobacco sales certificate revoked by the alcohol and tobacco commission.
 
HB1128 TOBACCO ISSUES. (AYLESWORTH M) Prohibits a person who is less than 21 years of age from buying or possessing: (1) cigarettes; (2) tobacco products; (3) e-liquid; or (4) electronic cigarettes. Makes conforming changes regarding enforcement provisions, sales certificates, prohibition of delivery sales, and notices posted at retail establishments and at vending machines. Repeals employment protections for individuals who smoke cigarettes or use other tobacco products. Makes technical corrections. Requires the label of an e-liquid to have a scannable bar code or QR code linked to a document containing information regarding the manufacturing of the e-liquid, a certificate of analysis for the batch of e-liquid, and the ingredients used in an e-liquid. Requires a certificate of analysis prepared by an independent testing laboratory for the distribution of e-liquid in Indiana. Expands the applicability of the vapor pens and e-liquids article to include closed system vapor products. Provides that the alcohol and tobacco commission (commission) has the duty and responsibility to investigate violations of the vapor pens and e-liquid laws. Provides that a person may not sell or distribute e-liquids without a valid tobacco sales certificate issued by the commission. Requires a person who desires to sell e-liquid to pay a fee and provide certain information to the commission.
 
HB1132 CRIMINAL LAW MATTERS. (STEUERWALD G) Provides that the alteration or obliteration of certain markings on a firearm is a Level 5 felony. Provides that the possession of a firearm with altered or obliterated markings is a Level 5 felony. Requires a defendant to serve the sum of all executed time imposed under consecutive sentences before serving any suspended part imposed under consecutive sentences. Makes a technical correction. Makes conforming amendments.
 
HB1137 ADDICTION TREATMENT MEDICATIONS. (BARRETT B) Requires that a substance abuse medication in various treatment programs be a long acting medication. (Current law requires the medication be a long acting, nonaddictive medication.) Provides for a uniform definition of the term "medication assisted treatment". Makes technical corrections.
 
HB1152 FALSE INFORMING AND RED FLAG LAW ORDERS. (LUCAS J) Provides that a person who makes a false report that another person is dangerous, for purposes of seizure and retention of firearms proceedings, knowing the report or information to be false, commits false informing, a Class B misdemeanor. Enhances the penalty for false reporting under certain circumstances. Requires a law enforcement officer, a law enforcement agency, and the clerk of the court to serve certain orders concerning a proceeding for the seizure and retention of a firearm on the individual who is the subject of the order.
 
HB1159 JUVENILE EXPUNGEMENTS AND FIREARMS MATTERS. (SCHAIBLEY D) Requires a juvenile court to transmit certain findings to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) upon a finding of delinquency for an act that would be a serious violent felony if committed by an adult. Allows a court to consider the following factors when evaluating a petition to expunge certain juvenile adjudications: (1) Whether a person has been charged with or convicted of murder or another felony offense as an adult. (2) Whether a person has ever been waived to adult court for an offense. (3) Whether a person has ever received a nonsuspendable sentence as a juvenile. (4) Whether the person has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult. (5) Whether the person: (A) is currently suffering from a mental health issue; (B) has an ongoing or chronic mental health issue; (C) has received or is receiving treatment for a mental health issue; or (D) is complying with a treatment regimen recommended by a mental health professional, if applicable. Prohibits a court from expunging certain records in the absence of a petition requesting the expungement. Requires a court to transmit certain court orders to the office of judicial administration when granting a petition requesting the expungement of certain juvenile records. Provides that a person who: (1) has been adjudicated a delinquent child for the commission of an act while armed with a firearm that would be a serious violent felony if committed by an adult; (2) has not had the juvenile adjudication expunged; and (3) knowingly or intentionally possesses a firearm; commits unlawful possession of a firearm by a dangerous person, a Class A misdemeanor. Specifies that the offense is enhanced to a Level 4 felony if the person has a prior unrelated conviction for the offense. Provides that a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult is not a proper person for the purpose of receiving a license to carry a handgun. Beginning January 1, 2021: (1) requires the office of judicial administration to collect, monitor, and publish certain statistics related to the confiscation and retention of firearms taken from dangerous individuals; and (2) requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Allows the office of judicial administration to provide certain information to a law enforcement agency for the purposes of handgun licenses. Provides that a person who makes a false report that another person is dangerous, for purposes of seizure and retention of firearms proceedings, knowing the report or information to be false, commits false informing, a Class B misdemeanor. Defines certain terms. Makes conforming amendments.
 
HB1160 CONSENT. (ERRINGTON S) Defines "consent" for an offense involving a sex crime. Provides that a person commits rape if the person engages in sexual activity with another person and the other person: (1) has not given consent; or (2) submits to the sexual activity under the belief that the person committing the act is someone the victim knows, other than the person committing the act, and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the person.
 
HB1161 SEXUAL BATTERY. (ERRINGTON S) Provides that a person who, with the intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person: (1) touches the other person's genitals, pubic area, buttocks, or breast; and (2) knew or reasonably should have known it was against the consent of the other person; commits sexual battery, a Level 6 felony.
 
HB1163 MEDICAL MARIJUANA. (ERRINGTON S) Establishes a medical marijuana program (program), and permits caregivers and patients who have received a physician recommendation to possess a certain quantity of marijuana for treatment of certain medical conditions. Establishes a regulatory agency to oversee the program, and creates the regulatory agency advisory committee to review the effectiveness of the program and to consider recommendations from the regulatory agency. Authorizes the regulatory agency to grant research licenses to research facilities with a physical presence in Indiana. Repeals the controlled substance excise tax and the marijuana eradication program. Makes conforming amendments.
 
HB1168 MAINTAINING A COMMON NUISANCE. (PORTER G) Makes maintaining a common nuisance a Class A misdemeanor, and increases the penalty to a Level 6 felony if the person has a prior conviction for maintaining a common nuisance.
 
HB1179 UNLAWFUL SURVEILLANCE OF ANOTHER'S DWELLING. (JORDAN J) Provides that, with certain exceptions, a person who knowingly or intentionally uses a camera or electronic surveillance equipment: (1) located outside of another person's private property; (2) to record images or data of the interior of the other person's dwelling; and (3) without the other person's consent; commits a Class C infraction. Makes a technical correction.
 
HB1200 EXOTIC OR DANGEROUS WILD ANIMALS. (ABBOTT D) Prohibits the possession, sale, transfer, or breeding of exotic or dangerous wild animals, except by certain persons and entities. Prohibits a person that owns or possesses an exotic or dangerous wild animal from allowing a member of the public to come into direct contact with the exotic or dangerous wild animal. Prohibits the declawing or removal of the canine teeth of an exotic or dangerous wild animal unless necessary for treatment of a medical problem. Provides for the seizure, impoundment, and forfeiture of an exotic or dangerous wild animal for a violation of the law. Authorizes the owner of an exotic or dangerous wild animal to voluntarily relinquish ownership and possession of the exotic or dangerous wild animal. Allows an exotic or dangerous wild animal to be humanely destroyed by a law enforcement officer under certain circumstances. Establishes criminal penalties for violations of the law. Allows a city, town, county, or township to impose restrictions on the possession, sale, transfer, or breeding of an exotic or dangerous wild animal more stringent than the state restrictions.
 
HB1205 SMOKING AND VAPING RESTRICTIONS. (CHERRY R) Raises the age from 18 years of age to 21 years of age for prohibitions and crimes concerning the sale, purchase, and possession of cigarettes and other tobacco products. Makes a corresponding change to the laws concerning electronic cigarettes, e-liquids, tobacco retailer permits, and admission to establishments where smoking is permitted. Makes technical corrections.
 
HB1210 VARIOUS HEALTH MATTERS. (ZENT D) Establishes penalties for intentionally interfering with an investigation and enforcement of a home health agency by the state department of health (department). Allows the department to use the immunization data registry to store and release nonimmunization personal health information. Changes the title of a "certified food handler" to "certified food protection manager" (CFPM). Repeals the definition of "food handler". Requires a CFPM to provide certain documents to the food establishment and obtain a valid certificate every five years. Prohibits using the title "certified food protection manager" unless the person holds a certificate. Provides that a CFPM may be required to be present during all hours of operation if the department and food establishment agreed upon a variance concerning the requirements for the operation of the food establishment. Amends the establishments that are exempt from the certified food protection manager requirements. Establishes new penalties. Provides for the transition of an existing certified food handler to a certified food protection manager. Makes conforming changes.
 
HB1216 CANNABIS REGULATION. (BECK L) Establishes a medical marijuana program (program), and permits caregivers and patients who have received a physician recommendation to possess a certain quantity of marijuana for treatment of certain medical conditions. Establishes a regulatory agency to oversee the program, and creates the regulatory agency advisory committee to review the effectiveness of the program and to consider recommendations from the regulatory agency. Authorizes the regulatory agency to grant research licenses to research facilities with a physical presence in Indiana. Repeals the controlled substance excise tax and the marijuana eradication program. Makes conforming amendments.
 
HB1222 MISCELLANEOUS ELECTION LAW MATTERS. (WESCO T) Establishes a petition signature requirement for town council district candidates in towns with not more than two precincts. Allows an individual who is an unopposed candidate for township office to be appointed and serve as a precinct election officer at any vote center if certain conditions are met. Abolishes city and town conventions for nomination of candidates for municipal offices. Abolishes town election boards. Provides that if a precinct is divided to assign some of the territory of the precinct to a municipality because of an annexation, any part of the divided precinct may form a separate precinct that does not comply with the requirement that a precinct may not be established with fewer than 600 active voters. Authorizes a county executive to request from the Indiana election commission a waiver of the requirement that a precinct must have at least 600 active voters. Provides that the adoption, rescission, or amendment of a vote center plan does not require the unanimous vote of the entire membership of the board if: (1) a majority vote of the entire membership of the board votes to adopt, rescind, or amend the vote center plan; and (2) at least two of the members of the board voting to adopt, rescind, or amend the vote center plan are members of different political parties. Establishes a procedure for a member of the state recount commission to appoint a proxy. Establishes an administrative procedure to remove a township board member who is no longer a resident of the township. Makes conforming changes.
 
HB1225 FAILURE TO YIELD TO EMERGENCY VEHICLES. (MCNAMARA W) Removes the requirement that school buses have black reflective tape affixed on the bumpers and sides of the bus. Provides that, in certain instances, a person who: (1) fails to yield to an emergency vehicle; and (2) causes serious bodily injury or death to any person operating, occupying, or affiliated with the authorized emergency vehicle; commits a Level 6 felony.
 
HB1241 BED BUG ABATEMENT. (PORTER G) Repeals statutes concerning state and local programs for pest and vector abatement. Allows: (1) the executive board of the state department of health to adopt rules; and (2) the board of a municipal corporation and the health and hospital corporation to adopt ordinances and rules; concerning the control of pests and vectors. Provides that the owner, lessee, superintendent, or manager of an establishment subject to the lodging establishment laws may not furnish beds or bedding infested with pests or vectors. Requires that a lodging establishment room that has an infested bed or infested bedding must be thoroughly fumigated, disinfected, and renovated until the pests and vectors are entirely exterminated. Makes conforming amendments.
 
HB1253 VIOLATIONS OF WILDLIFE PROTECTION LAWS. (GOODIN T) Makes it a Level 6 felony for a person to knowingly or intentionally take a wild bird or wild mammal that is on the endangered species list. Requires a court to notify the director of the division of fish and wildlife of a person's conviction for knowingly or intentionally taking a wild bird or wild mammal that is on the endangered species list. Requires that the division of fish and wildlife: (1) immediately revoke the convicted person's license to hunt or trap in Indiana; and (2) prohibit the convicted person from receiving a license to hunt or trap in Indiana. Makes it a Level 6 felony for a person to illegally take a deer or wild turkey if the person has at least three prior unrelated convictions for illegally taking a deer or wild turkey in the previous seven years. Increases, for a third or subsequent violation, the amount that a person must reimburse the state for unlawfully taking, possessing, or selling a deer or wild turkey. Increases the amount that a person must reimburse the state for unlawfully taking or possessing wildlife (other than a fish, deer, or wild turkey), and provides for increased reimbursement amounts for second and subsequent violations.
 
HB1257 NOTICE OF ENVIRONMENTAL CONTAMINATION. (BOY P) Requires a person who causes a spill of certain substances into waters of the state to report the spill immediately to the following: (1) The department of environmental management (department). (2) The county health officer of each county in which the spill occurred. (3) A downstream water user. (4) At least one emergency response agency. (5) Each park located in the county in which the spill occurred. Requires the department, the county health officer, the downstream water user, the emergency response agency, and each park (entity) to: (1) post the information received about the spill on each entity's Internet web site; and (2) in a manner determined by each entity, make the information received about the spill available to the public. Requires the person who caused the spill to immediately provide notice by publication to the public in each county in which the spill occurred. Establishes a civil penalty of not more than $25,000 for each day that the person fails to make the report or provide the notice required by the bill. Provides that the civil penalty is not more that $50,000 for each day that the person fails to make the report or provide the notice if a court has entered a judgment against a person for a previous violation of the reporting and notification requirements added by the bill. Provides that a person who fails to make the report or provide the notice required by the bill commits a Class A misdemeanor. Specifies that a person commits a Level 6 felony if the person has a prior unrelated conviction for a violation of the reporting and notification requirements added by the bill. Provides that money collected by the department for a civil violation of the reporting and notification requirements added by the bill shall be deposited into the environmental management special fund. Adds definitions of "downstream water user", "objectionable substance", "park", and "spill". Makes conforming changes.
 
HB1259 FIREARMS AND MEDICAL FACILITIES. (DEAL R) Defines the term "hospital". Provides that a hospital may prohibit the possession of a firearm on any premises leased, owned, licensed, or operated by the hospital for any purpose related to the: (1) administration of the hospital; or (2) providing of medical care. Provides that a person who knowingly or intentionally possesses a firearm in or on the premises of certain hospitals commits unlawful possession of a firearm on a restricted medical premises, a Class A misdemeanor. Provides that the offense is enhanced to a Level 6 felony if the person has a prior unrelated conviction for the offense. Exempts certain persons from hospital prohibitions concerning the possession of a firearm. Defines certain terms. Makes conforming amendments.
 
HB1270 LEWD TOUCHING. (CANDELARIA REARDON M) Provides that a person who, without the consent of the other person, knowingly or intentionally rubs or fondles another person's covered or uncovered genitals, buttocks, pubic area, or female breast, commits lewd touching, a Class A misdemeanor. Enhances the penalty for lewd touching if: (1) it is committed by using or threatening the use of deadly force; (2) it is committed while armed with a deadly weapon; (3) the commission of the offenses is facilitated with a drug or controlled substance; (4) it is committed by an officeholder; or (5) it is committed by an individual who has a previous unrelated conviction for the offense.
 
HB1271 REMOVAL OF ELECTED OFFICIALS. (CANDELARIA REARDON M) Provides that disorderly behavior, which can be the basis of expulsion from the general assembly, includes sexual misconduct, committing certain sex crimes, and engaging in conduct that is inconsistent with the high ethical standards of the general assembly. Creates the officeholder oversight commission, which may remove certain statewide officeholders from office for engaging in sexual misconduct, committing certain sex crimes, or engaging in conduct inconsistent with the high ethical standards of their office. Provides that a person who, without the consent of the other person, knowingly or intentionally rubs or fondles another person's covered or uncovered genitals, buttocks, pubic area, or female breast, commits lewd touching, a Class A misdemeanor. Enhances the penalty for lewd touching if: (1) it is committed by using or threatening the use of deadly force; (2) it is committed while armed with a deadly weapon; (3) the commission of the offenses is facilitated with a drug or controlled substance; (4) it is committed by an officeholder; or (5) it is committed by an individual who has a previous unrelated conviction for the offense.
 
HB1273 CARRYING FIREARMS ON SCHOOL PROPERTY. (HEINE D) Provides that a qualified retired law enforcement officer may possess a firearm on school property.
 
HB1276 SENTENCING. (HEINE D) Enhances the penalty for criminal recklessness if the death or catastrophic injury of a child occurs. Enhances the penalty if a firearm is discharged or pointed at a child during the commission of another crime.
 
HB1297 SURRENDER OF FIREARMS FOR DOMESTIC VIOLENCE CRIMES. (SMITH V) Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any license possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or valid license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
 
HB1298 TOBACCO OFFENSES. (SMITH V) Raises the penalty from a Class C infraction to a Class B infraction if a person sells cigarettes other than in an unopened package. Raises the penalty from a Class C infraction to a Class B infraction if a person sells or distributes tobacco or an electronic cigarette to a person less than 18 years of age. Requires the alcohol and tobacco commission to revoke a tobacco sales certificate if a certificate holder has three violations after 2017 of certain tobacco offenses.
 
HB1312 DRIVING. (YOUNG J) Provides that a person who operates a vehicle or a motorboat with at least 10 nanograms of delta-9-tetrahydrocannabinol (THC) per milliliter of the person's blood commits the offense of operating while intoxicated. (Current law provides that a person commits the offense of operating while intoxicated if the person has any measurable amount of THC in the person's blood.) Removes the metabolite of a controlled substance listed in schedule I or II as an element from the offense of operating a vehicle while intoxicated. Provides that the court may allow a person to pay driving privileges reinstatement fees through installments to the bureau of motor vehicles as a condition of the specialized driving privileges. Provides that, if a probable cause affidavit must be sent by a judicial officer to the bureau of motor vehicles, the probable cause affidavit must be sent at the conclusion of the initial hearing. Makes conforming amendments.
 
HB1315 IMPAIRED DRIVING STANDARDS. (VANNATTER H) Specifies, for purposes of operating while intoxicated, a minimum amount of delta-9-tetrahydrocannabinol (THC) and the manner in which a chemical test for THC must be conducted. Requires the state department of toxicology to adopt rules relating to the administration of a chemical test for THC.
 
HB1317 HEALTH CARE ADVANCE DIRECTIVE. (KIRCHHOFER C) Allows an individual to make a health care advance directive that gives instructions or expresses preferences or desires concerning any aspect of the individual's health care or health information and to designate a health care representative to make health care decisions and receive health information for the individual. Consolidates definitions of "life prolonging procedures". Requires the state department of health to prepare a sample advance directive. Provides that the appointment of a representative or attorney in fact to consent to health care that was legally executed before January 1, 2023, is valid as executed. Adds cross-references. Makes conforming changes. Makes technical changes.
 
HB1351 TOBACCO AND VAPING. (VERMILION A) For purposes of IC 7.1 and the provisions of IC 35 concerning sales and distribution of tobacco delivery systems to minors, defines "tobacco delivery systems" as any of the following: (1) A product containing tobacco or nicotine, including a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, or snus. (2) An electronic smoking device that may or may not contain nicotine, including an electronic cigarette, cigar, pipe, hookah, vape pen, and cartridge. (3) E-liquid that may or may not contain nicotine. Requires a person to be at least 21 years of age to purchase a tobacco delivery system or to hold a tobacco sales certificate (certificate) to sell a tobacco delivery system. Makes a certificate expire annually (instead of every three years). Prohibits the issuance of a certificate within three years of the revocation of a previous certificate for that location. Increases the civil penalties for a retailer that sells a tobacco delivery system to a person under 21 years of age and provides the following: (1) Requires suspension of the certificate for a retail establishment that has two or three violations within three years. (2) Requires revocation of a certificate for a retail establishment for three years that has four violations within three years. Provides that a retailer that has four violations in three years (instead of six violations in 180 days) commits habitual sale of a tobacco delivery system, a Class B infraction. Requires a seller of e-liquid to verify the age of a purchaser who appears to be less than 30 years of age (instead of 27 years of age) by checking a government issued identification. Provides that the primary activity of a "tobacco business" is the sale of tobacco delivery systems. Prohibits a tobacco business from locating within 1,000 feet (instead of 200 feet) of a school after June 30, 2020, unless the tobacco business was in operation before: (1) July 1, 2020; or (2) the school located near the tobacco business. Requires a person to be 21 years of age (instead of 18 years of age) to enter certain businesses where smoking is permitted. Requires a vending machine that sells a tobacco delivery system to be located in an area where only persons who are at least 21 years of age are permitted. Provides that a person who is a nonmanagement level employee of a retailer who sells a tobacco delivery system to a person less than 21 years of age may be allowed to complete an education program for retailers in lieu of paying a civil penalty. Provides that a person who: (1) is not a retailer or employee; (2) is at least 21 years of age; and (3) purchases a tobacco delivery system for a person who is less than 21 years of age; may be assessed a civil penalty of not more than $50. Provides that a person who knowingly or intentionally sells an e-liquid or an electronic cigarette that contains: (1) a concentration of nicotine that is more than 20 milligrams per milliliter; or (2) vitamin E acetate; commits a Class C misdemeanor. Repeals a statute that makes it a Class C infraction for a person under 18 years of age to purchase or possess a tobacco product for personal use.
 
HB1352 BUREAU OF MOTOR VEHICLES. (SULLIVAN H) Removes references of Class A and Class B motor driven cycles throughout the Indiana Code. Amends the definition of "motor driven cycle". Removes the definition of "motorboat". Provides that an interim license plate issued by the bureau of motor vehicles (BMV) may be displayed on a rear facing window of the motor vehicle. Provides that an out-of-state dealer licensed in a state other than Indiana and approved by the BMV may perform a vehicle inspection for purposes of issuing a certificate of title. Extends tort claim immunity to the bureau of motor vehicles commission. Provides that the BMV may waive the examination requirement of demonstrating an applicant's skill in operating a motor vehicle if the individual has passed a skills test given by a third party approved by the BMV. Provides that a temporary delivery permit be displayed on a vehicle in a manner determined by the BMV. Provides that an application for a certificate of title submitted only to remove a satisfied lien is not required to be accompanied by the previously issued certificate of title if the application is accompanied with certain documents. Provides that courts must submit the probable cause affidavit in a form and manner prescribed by the BMV. Provides that the BMV shall require an individual in certain instances to attend and satisfactorily complete a driver safety program and, if the person fails to attend or satisfactorily complete the program, requires the BMV to suspend the individual's license. Provides that in order to receive a driver's license, an individual who has successfully completed driver rehabilitation training must also hold a valid learner's permit. Provides that an individual who has signed the application of a minor applicant for a permit or driver's license may file a request to expire the permit or driver's license. Requires the BMV to expire a permit or driver's license of a minor applicant if the individual who signed the application of a minor applicant for a permit or driver's license dies, and the minor applicant fails to find a new signer. Provides that the BMV may suspend the driving privileges or invalidate the learner's permit of an individual who is at least 15 years of age and less than 18 years of age for certain school suspensions and truancy. Provides that in order to be considered a habitual truant, an individual must be at least 15 years of age and less than 18 years of age. Amends sections related to boat excise tax and watercraft registration. Replaces the term "operator's license" with "driver's license" throughout the Indiana Code. Provides that a security agreement is perfected when: (1) the record of the lien is electronically received by the BMV; or (2) the application for certificate of title is submitted to the BMV; as applicable. Provides that certain sections related to mobile credentials have an effective date of July 1, 2020. Provides that in the first year an amended surtax or wheel tax rate is effective, the prior surtax or wheel tax rate (as applicable) shall apply to the registration of a vehicle for the registration year that commenced in the calendar year preceding the year the surtax or wheel tax rate is first effective.
 
HB1355 MARITAL VIOLENCE VICTIMS. (HATCHER R) Defines "marital violence victim" and establishes an expedited time table for a marital violence victim in a dissolution proceeding to obtain: (1) temporary maintenance; (2) temporary child support; (3) temporary custody of a child; and (4) temporary possession of property. Specifies that a person who exerts control over the property of a spouse who has established a separate residence commits theft.
 
HB1359 MEDICAL CANNABIS PILOT PROGRAM. (HATCHER R) Establishes a five year medical cannabis pilot program, administered by the state department of health, to permit the use of medical cannabis in Indiana. Imposes a medical cannabis cultivation tax.
 
HB1373 VETERANS SERVICE OFFICERS AND VIDEO GAMING. (GUTWEIN D) Establishes the county service officers' grant fund to provide grants to fund county service officers. Authorizes wagering on video gaming terminals in licensed congressionally chartered veterans' service organizations. Establishes a licensing structure for participants in video gaming.
 
HB1380 RIGHT TO A VICTIM ADVOCATE. (NEGELE S) Provides that a sexual assault or domestic violence victim has the right to the presence of a victim advocate during legal proceedings and during an investigation by law enforcement.
 
HB1383 INFORMATION CONCERNING SEIZURE OF FIREARMS. (NEGELE S) Requires the office of judicial administration to collect, monitor, and publish certain statistics related to the confiscation and retention of firearms taken from dangerous individuals. Requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Defines certain terms.
 
HB1386 PAROLE. (MORRIS R) Provides the parole board with the authority to consider and determine rehabilitation based early discharge for an inmate committed to the department of correction, except for an inmate who receives a sentence of death or life without parole. Provides that the parole board may allow a parolee to travel out-of-state for work related matters. Provides that certain inmates discharged from parole shall be released to the committing court if the sentence included a period of probation. Provides that before making its recommendation regarding an application for commutation of sentence, pardon, reprieve, or remission of fine or forfeiture, the parole board shall consider whether before or during confinement the petitioner participated in or obtained a certificate or diploma through: (1) a high school or high school equivalency program; (2) a postsecondary education program; (3) an adult education program; (4) a job training program; (5) a career and technical education program; or (6) any other academic educational program that may reduce the inmate's likelihood to recidivate after discharge. Makes conforming changes.
 
HB1391 RETIRED LAW ENFORCEMENT OFFICERS AND FIREARMS. (KLINKER S) Exempts certain law enforcement and retired law enforcement officers described in the federal Law Enforcement Officers Safety Act (LEOSA) from the prohibition against carrying a firearm on school property. Makes conforming amendments.
 
HB1396 HAZING. (AUSTIN T) Requires: (1) a postsecondary educational institution; and (2) a national organization that sponsors or recognizes a local affiliate organization that includes students of a postsecondary educational institution; to develop and conduct an educational plan on hazing. Requires a postsecondary educational institution or local affiliate organization to report an allegation of hazing involving: (1) serious bodily injury; or (2) a significant risk of serious bodily injury; not later than 72 hours after learning of the allegation. Requires, beginning in the academic school year that begins in 2022: (1) a postsecondary educational institution to report incidents of hazing on the postsecondary educational institution's Internet web site; and (2) a local affiliate organization that includes students of a postsecondary educational institution to report incidents of hazing on the local affiliate organization's Internet web site. Relocates provisions regarding criminal hazing from Title 35 to Title 21. Amends the elements and penalty levels for the criminal offense of hazing. Provides that a person who actively directs or engages in an act of hazing that results in the injury to another person shall, to the extent that the person can do so without danger or peril to self or others, provide reasonable assistance to the injured person. Provides that a person who fails to seek assistance commits contributory hazing, a: (1) Class B misdemeanor; or (2) Level 6 felony if the failure to provide reasonable assistance results in serious bodily injury to the injured person. Provides that certain arguments are not a defense in a criminal prosecution for hazing or contributory hazing.
 
HB1401 HEALTH CARE FOR INCARCERATED WOMEN. (MACER K) Requires the department of correction (department) to provide free and unlimited access to toilet paper, tampons, and pads to any incarcerated woman held by the department. Requires the department to provide the following prenatal, postnatal, and postpartum treatment to pregnant or postpartum women, as applicable: (1) Medical examinations. (2) Certain laboratory and diagnostic tests. (3) Counseling concerning the safe and proper administration of prescribed medications and dietary supplements. (4) Counseling concerning recommended vaccinations. (5) The administration of certain medications for women suffering from an active substance use disorder during pregnancy. (6) An appropriate space for lactating women to pump or express breast milk. (7) Counseling concerning lactation and breastfeeding and a medically appropriate diet for lactating mothers. (8) Access to a doula in certain instances. (9) The presence of a family member during delivery. Requires the department to create and implement written policies that do the following: (1) Require the proper documentation for all prenatal, postnatal, and postpartum care provided by the department. (2) Require certain medical documentation to be made available to a physician or qualified medical professional upon request. (3) Designate one or more local hospitals as possible venues for the administration of necessary prenatal, postnatal, or postpartum care, as applicable. (4) Establish an administrative preference for administering prenatal, postnatal, and postpartum care at a hospital. (5) Prohibit certain disclosures on a child's birth certificate when a child is born to a woman who is incarcerated. (6) Provide women with access to: (A) conventional beds; or (B) bottom bunks; during pregnancy or the six weeks following the delivery of a child, as applicable, in order to minimize the risk of serious injury in the event of a fall. (7) Require the timely reporting of certain obstetric emergencies to a physician or qualified medical professional. (8) Allow for the timely examination of a women by a physician or qualified health provider upon a woman's arrival at a hospital or local medical facility. (9) Establish a written policy that complies with specified requirements concerning the use of restraints, shackles, and restraint techniques on pregnant and postpartum women. (10) Require correctional officers to remain outside of delivery rooms in certain instances. Provides the department with rulemaking and emergency rulemaking authority for the purpose of creating and implementing certain practices and policies. Requires the department to adopt specified standards that apply to county jails. Provides that: (1) agents; (2) employees; and (3) persons contracted to work on behalf of the department; are immune from civil liability, damages, and punitive damages, for certain acts or omissions. Specifies an exception. Makes conforming amendments.
 
HB1413 ASSISTED REPRODUCTION AND GESTATIONAL SURROGACY. (EBERHART S) Amends provisions regarding testing of donated human sperm and eggs. Repeals current Indiana law regarding surrogacy agreements. Enacts the gestational surrogacy act, which establishes: (1) presumptions regarding parentage; (2) prerequisites for individuals who wish to enter into a gestational surrogacy agreement; (3) procedural requirements for gestational surrogacy; (4) requirements for gestational surrogacy agreements; (5) support obligations with regard to a child born as the result of gestational surrogacy; (6) remedies for breach of a gestational surrogacy agreement; and (7) provisions for determination of jurisdiction over litigation regarding a gestational surrogacy agreement. Enacts the gamete donation act, which establishes: (1) presumptions regarding parentage of a child born as the result of gamete donation; (2) prerequisites for individuals who wish to enter into a gamete donation agreement; (3) procedural requirements for gamete donation; (4) requirements for gamete donation agreements; (5) provisions regarding parentage of a child born posthumously to a gamete donor; (6) remedies for breach of a gamete donation agreement; and (7) provisions for determination of jurisdiction over litigation regarding a gamete donation agreement. Increases the maximum amount an ovum donor may be compensated for the donor's recovery time from $4,000 to $6,000. Requires legal counsel to have significant experience in assisted reproduction matters in certain instances. Provides that a gestational surrogacy agreement may not limit the right of the gestational surrogate to make any decision concerning the gestational surrogate's right to terminate or continue a pregnancy. Provides that any term or condition in a gestational surrogacy agreement that contradicts or seeks to abrogate a surrogate's right to continue or terminate a pregnancy is void. Provides that the marriage of a gestational surrogate after the execution of a gestational surrogacy agreement does not affect the validity of the gestational surrogacy agreement. Provides that consent from a gestational surrogate's spouse is not required in order for the terms of the gestational surrogacy agreement to be completed or performed. Provides that a person who becomes the spouse of a gestational surrogate after the execution of a gestational surrogacy agreement is not a presumed parent of the resulting child. Provides that if a gestational surrogate initiates divorce proceedings or becomes divorced before the intended parent can establish parentage, the spouse of the gestational surrogate shall not be the presumed parent of a resulting child and shall not be required to sign, or otherwise authenticate, any establishment of parentage documentation required by a court. Provides that certain conditions must be met prior to the issuance of a prebirth court order by a court. Requires all reproductive endocrinologists and mental health professionals engaging in gestational surrogacy matters to remain informed of recommended guidelines published by the American Society for Reproductive Medicine and the American College of Obstetricians and Gynecologists. Provides that court orders concerning gestational surrogacy do not provide a court with jurisdiction over the matters of child custody or child support if jurisdiction over the matters is not otherwise authorized. Provides that a court order concerning the establishment of parentage shall be given full faith and credit in another state if an Indiana establishment of parentage court order constitutes a signed record and otherwise complies with the laws of the other state. Exempts donor compensation for gamete donation from certain prohibitions concerning the sale of a human ovum, zygote, embryo, or fetus under certain circumstances. Allows the retrieval of gametes from a person who is: (1) deceased; (2) brain dead; (3) comatose; or (4) in a persistent vegetative state; in certain instances. Specifies that: (1) maternity; and (2) paternity; must be established not later than four years after the death of a parent in instances involving children born through use of assisted reproduction. Specifies factors for a court to consider when deciding upon the disposition of cryopreserved preembryos: (1) during a divorce or separation; and (2) in the absence of an agreement concerning the ultimate disposition of cryopreserved preembryos. Defines certain terms. Makes conforming amendments.
 
HB1418 MINIMUM AGE TO MARRY. (ENGLEMAN K) Amends the definition of "adult" for purposes of the Indiana Code to include: (1) a married minor who is at least 16 years of age; and (2) a minor who has been completely emancipated by a court; subject to specific constitutional and statutory age requirements and health and safety regulations that remain applicable to the person because of the person's age. Raises the minimum age to marry from 15 years of age to 17 years of age. Provides that an individual 17 years of age may marry only if: (1) the individual's intended spouse is not more than four years older than the individual; (2) a juvenile court has issued an order allowing the individual to marry; and (3) the individual: (A) completes any premarital counseling required under the order; (B) applies for a marriage license not earlier than 15 days after the order is issued; and (C) includes a certified copy of the order with the individual's application for a marriage license. Repeals provisions requiring an individual less than 18 years of age to obtain consent to marry from the individual's parent or guardian. Specifies a process an individual 17 years of age must follow to petition a juvenile court for an order allowing the individual to marry, and specifies conditions necessary for approval of the petition and conditions requiring denial of the petition. Provides that a court that issues an order allowing an individual 17 years of age to marry must also issue an order completely emancipating the individual. Amends the list of records or documents an individual may submit to a court clerk as proof of the individual's date of birth for purposes of applying for a marriage license. Amends the law regarding petitions by minors for emancipation as follows: (1) Provides that a court hearing a minor's petition for emancipation must appoint a guardian ad litem for the minor. (2) Provides that the guardian ad litem shall investigate the statements contained in the minor's petition and file a report of the investigation with the court. (3) Provides that a court may grant a minor's petition for emancipation only if the court finds that emancipation is in the child's best interests. (4) Provides that if the court completely emancipates the child: (A) the child has all the rights and responsibilities of an adult; and (B) the emancipation order may not specify terms of emancipation. Provides that an emancipated child remains subject to: (1) Indiana law concerning minimum age for marriage; and (2) other specific constitutional and statutory age requirements applicable to the emancipated child because of the emancipated child's age. Specifies certain provisions concerning the relocation of a child. Makes conforming amendments.
 
HB1421 INFORMATION OR PERFORMANCES HARMFUL TO MINORS. (BORDERS B) Provides that a college, university, or museum, or its employee acting within the scope of the employee's employment, may raise a defense to a prosecution for the crime of dissemination of matter or conducting a performance harmful to minors. Prohibits any school or public library that qualifies for certain property tax exemptions to raise a defense to a prosecution for the crime of dissemination of matter or conducting a performance harmful to minors. Provides that the victim has a civil cause of action against the person convicted of the crime of dissemination of matter or conducting a performance harmful to minors.
 
HB1422 LICENSURE OF ART THERAPISTS. (WRIGHT M) Provides that art therapy services provided to an individual who receives mental health services or to an individual who receives services from a community mental health center are reimbursable under Medicaid. Provides for the licensure of professional art therapists and art therapist associates by the behavioral health and human services licensing board through the professional licensing agency. Establishes qualifications and requirements for a licensed art therapist and licensed art therapist associate.
 
SB1 TOBACCO AND VAPING SMOKING AGE. (CHARBONNEAU E) Prohibits a person who is less than 21 years of age from buying or possessing: (1) tobacco; (2) e-liquids; or (3) electronic cigarettes. Makes conforming changes regarding enforcement provisions, sales certificates, prohibition of delivery sales, and notices posted at retail establishments and at vending machines. Provides that a retail establishment that sells an e-liquid to a person less than 21 years of age is subject to a civil judgment for an infraction. Triples the civil judgment for an infraction for: (1) a retail establishment that sells or distributes tobacco, an e-liquid, or an electronic cigarette to a person less than 21 years of age; and (2) certain retail establishments that allow an underage person to enter their establishment. Requires a merchant who mails or ships cigarettes as part of a delivery sale to use a shipping service that requires a customer to present identification if they appear to be less than 30 years of age. Makes it a Class B infraction for a person to knowingly sell a tobacco product that contains vitamin E acetate. Makes technical corrections.
 
SB16 JUVENILE DELINQUENTS AND FIREARMS. (BOHACEK M) Prohibits a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult (serious delinquent) from possessing a firearm unless the person is at least: (1) 26 years of age, in the case of less serious acts; or (2) 28 years of age, in the case of more serious acts. Makes possession of a firearm by a serious delinquent a Level 6 felony, and increases the penalty to a Level 5 felony for a second or subsequent offense. Requires a juvenile court to transmit certain findings to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) upon a finding of delinquency for an act that would be a serious violent felony if committed by an adult.
 
SB22 EXPUNGEMENT AND LAW ENFORCEMENT EMPLOYMENT. (BOOTS P) Provides that if a person whose records have been expunged seeks employment with a law enforcement agency, the law enforcement agency may: (1) inquire about the person's expunged records; and (2) refuse to employ the person.
 
SB28 UNIVERSAL BACKGROUND CHECKS FOR FIREARMS. (STOOPS M) Requires a person wishing to sell, trade, or transfer a firearm to another person to transact the sale, trade, or transfer through a firearms dealer (dealer). Specifies certain exemptions. Requires a dealer to complete the sale, trade, or transfer of a firearm if the following conditions are met: (1) The dealer agrees to transact the sale, trade, or transfer of a firearm. (2) The dealer is able to successfully contact the National Instant Criminal Background Check System (NICS). (3) The dealer receives authorization from NICS to complete the sale, trade, or transfer of the firearm. (4) The recipient of the firearm being sold, traded, or transferred: (A) is not otherwise prohibited from possessing a firearm under federal or state law; and (B) is in compliance with all federal and state laws pertaining to the possession and transfer of certain firearms as defined under the National Firearms Act (NFA firearm), if applicable. Allows a dealer to refuse to transact the sale, trade, or transfer of a firearm for any reason. Requires a dealer to abort the sale, trade, or transfer of a firearm when: (1) the seller of a firearm; (2) the intended recipient of a firearm; or (3) both; are not eligible to possess a firearm or an NFA firearm, as applicable. Requires a dealer to abort the sale, trade, or transfer of a firearm if the firearm to be sold, traded, or transferred is: (1) reported lost; (2) reported stolen; or (3) used in the commission of a crime. Provides that a dealer is not required to return payment issued to the dealer for the dealer's role in transacting the sale, trade, or transfer of a firearm in certain instances. Provides a dealer with immunity from civil liability and damages in certain instances. Provides that a person who knowingly or intentionally makes a materially false statement to a dealer for the purpose of completing the sale, trade, or transfer of a firearm commits firearm transfer fraud, a Level 6 felony. Enhances the offense to a Level 5 felony if the person has a prior unrelated conviction for the offense. Provides that a dealer or person who transacts the sale, trade, or transfer of a firearm in violation of certain requirements commits unlawful transfer of a firearm, a Level 6 felony. Provides that the offense is a Level 5 felony if the dealer or person has a prior unrelated conviction for the offense. Specifies certain defenses. Defines certain terms. Makes conforming amendments.
 
SB29 STORAGE OF FIREARMS. (STOOPS M) Prohibits a person from keeping or storing a firearm on any premises controlled by the person if one or more of the following conditions apply: (1) The person knows, or reasonably should know, that a child is likely to gain access to the firearm. (2) A permanent or temporary resident of the premises is disqualified, ineligible, or prohibited from possessing a firearm under federal or state law. (3) A permanent or temporary resident of the premises poses a risk of imminent personal injury to himself or herself or any other individual. Provides that a failure to secure a firearm that results in injury to, or the death of, another person is a Level 6 felony. Enhances the offense to a Level 5 felony if the person has a prior, unrelated conviction for the offense. Specifies certain defenses. Defines certain terms. Makes conforming amendments.
 
SB43 FRAUD CONSOLIDATION. (YOUNG M) Repeals and consolidates various fraud, deception, and mischief offenses. Defines "financial institution" for purposes of crimes involving financial institutions. Defines "item of sentimental value" and enhances the penalties for mischief, theft, and fraud if the offense involves an item of sentimental value. Makes conforming amendments. (The introduced version of this bill was prepared by the interim study committee on corrections and criminal code.)
 
SB47 EXPUNGEMENT ISSUES. (FREEMAN A) Provides that if a court reduces a Class D or Level 6 felony to a misdemeanor, the five-year waiting period for expungement begins on the date of the felony conviction and not on the date the felony was converted to a misdemeanor. Establishes a procedure for the automatic expungement of a petition for a protection order if the petition was denied, and conforms the automatic expungement provisions to existing civil protection order expungement provisions. Requires companies that provide background checks to periodically review their records and remove records relating to expunged protection orders (in the same manner as expunged convictions are removed). Provides that, if a person whose records have been expunged seeks employment with a law enforcement agency, the law enforcement agency may: (1) inquire about the person's expunged records; and (2) refuse to employ the person. Specifies the procedure to expunge records of a collateral action entered in a different county than the county which issued the expungement order.
 
SB48 CRUELTY TO A LAW ENFORCEMENT ANIMAL. (MERRITT J) Increases the penalties for cruelty to a law enforcement animal.
 
SB69 POSSESSION OF FIREARMS ON SCHOOL PROPERTY. (SANDLIN J) Exempts certain retired law enforcement officers described in the federal Law Enforcement Officers Safety Act (LEOSA) from the prohibition against carrying a firearm on school property. Makes conforming amendments.
 
SB79 THEFT. (MESSMER M) Enhances the penalty for theft if a person knowingly or intentionally exerts unauthorized control over property and then uses the Internet to sell, deliver, or distribute the property to another person acting as an enterprise engaging in racketeering activity.
 
SB80 INDIANA CODE PUBLICATION BILL. (YOUNG M) Addresses nonsubstantive problems not suitable for inclusion in the annual Technical Corrections bill, including resolution of the conflicts between versions of sections that were both amended and repealed during the 2019 legislative session. (The introduced version of this bill was prepared by the code revision commission.)
 
SB89 RESISTING OR INTERFERING WITH LAW ENFORCEMENT. (BECKER V) Provides that the offense of resisting or interfering with law enforcement is a Level 5 felony if the person has two or more prior unrelated convictions for resisting or interfering with law enforcement. Makes conforming amendments.
 
SB103 MEDICAL MARIJUANA FOR THE TERMINALLY ILL. (STOOPS M) Creates a defense to possession of paraphernalia that: (1) the paraphernalia is for use with marijuana; and (2) a physician has certified in writing that the person suffers from a terminal illness or serious untreatable disease, and, in the professional opinion of the physician, the benefits of treatment with marijuana are greater than the risks. Creates a defense to possession of marijuana that: (1) the person possessed less than two ounces of marijuana; and (2) a physician has certified in writing that the person suffers from a terminal illness or serious untreatable disease, and, in the professional opinion of the physician, the benefits of treatment with marijuana are greater than the risks.
 
SB109 STATUTE OF LIMITATIONS. (CRIDER M) Provides that an otherwise barred offense may be commenced not later than five years from the earlier of the date on which: (1) the state first discovers DNA evidence sufficient to charge the offender; (2) the state first becomes aware of a recording that provides evidence sufficient to charge the offender; or (3) a person confesses to the offense. Removes the statute of limitations for civil causes of action concerning child sexual abuse, and provides that a person who alleges an injury resulting from child sexual abuse may file an action in an otherwise time barred case.
 
SB110 LAW ENFORCEMENT AND SEARCH AND RESCUE ANIMALS. (CRIDER M) Increases the penalties for cruelty to a law enforcement animal and a search and rescue dog.
 
SB113 SMOKABLE HEMP. (TALLIAN K) Removes references to "smokable hemp".
 
SB114 MARIJUANA AND THC. (TALLIAN K) Removes provisions making the operation of a vehicle or motorboat with a metabolite of THC in the person's body (without proof of intoxication) an offense. Reduces the penalty for possession of marijuana, hashish, hash oil, and salvia to: (1) a Class C infraction for a first offense; (2) a Class C misdemeanor for a second or subsequent offense; and (3) a Class A misdemeanor for a second or subsequent offense if the person possesses more than a specified amount. Reduces the penalty for possession of marijuana, hashish, hash oil, or salvia packaged in a container labeled as containing low THC hemp extract to a Class C misdemeanor. Provides that a person's probation may not be revoked solely on the basis that the person tested positive for marijuana or a metabolite of marijuana. Makes conforming amendments.
 
SB116 HUMAN TRAFFICKING. (CRIDER M) Removes the requirement that money paid for a human trafficking victim or for an act performed by a human trafficking victim be paid to a third party. Increases the penalty if the human trafficking victim is less than 18 years of age, and specifies that: (1) consent by the human trafficking victim; or (2) a belief that the human trafficking victim was at least 18 years of age; is not a defense to a prosecution.
 
SB127 HANDGUN TRAINING. (LANANE T) Requires a person who applies after December 31, 2020, for a license to carry a handgun to first complete an eight hour handgun safety and training program, unless the person is a law enforcement officer, a retired law enforcement officer, or an active or honorably discharged member of the armed forces of the United States. Eliminates a requirement that an applicant for a handgun license must inform the officer to whom the application is made of the reason the applicant is applying for the license. Makes conforming amendments.
 
SB146 SEXUAL ASSAULT VICTIMS' RIGHTS. (DORIOT B) Provides rights to sexual assault victims, including the right to: (1) have a sexual assault counselor present before or during a forensic medical exam or an interview with a law enforcement officer or a defense attorney; (2) the collection of sexual assault forensic evidence; (3) the analysis of the sexual assault forensic evidence; and (4) notice.
 
SB193 PROHIBITION OF FLAVORED E-LIQUIDS. (GROOMS R) Prohibits the sale of flavored e-liquid to a person of any age. Defines "flavored e-liquid" as e-liquid that contains a constituent ingredient that is added for the purpose of imparting a characterizing flavor. Provides that a manufacturer, distributor, or retailer may not manufacture, distribute, or market flavored e-liquid in Indiana.
 
SB194 DRUG SCHEDULING. (YOUNG M) Adds new scheduled drugs (including emergency scheduled drugs) to the statutory drug schedules. Defines "isomer". Specifies that a controlled substance analog having a narcotic, stimulant, depressant, or hallucinogenic effect is a schedule I controlled substance. Defines "narcotic" to include opium esters, ethers, and salts of isomers, esters, and ethers. Makes other changes and conforming amendments. Makes a technical correction.
 
SB200 DRIVER'S LICENSE SUSPENSIONS. (YOUNG M) Repeals certain driving privilege suspensions when a motor vehicle is used in dealing certain controlled substances.
 
SB203 FIREARMS. (TAYLOR G) Prohibits the: (1) sale; (2) trade; or (3) transfer; of a regulated weapon to a person less than 21 years of age. Provides that a dealer or person who knowingly or intentionally: (1) sells; (2) trades; or (3) transfers; a regulated weapon to a person less than 21 years of age commits a Level 6 felony. Provides certain defenses. Prohibits a person from possessing, selling, or offering for sale a magazine or similar device for a firearm with a capacity of more than 10 rounds of ammunition. Provides that a person who: (1) knowingly; or (2) intentionally; openly carries a prohibited weapon in a public place commits carrying a prohibited firearm, a Class A misdemeanor. Creates the crime of "unlawful possession of a multiburst trigger activator". Provides that the possession or sale of a multiburst trigger activator is a Class A misdemeanor. Provides that the crime of unlawful possession of a multiburst trigger activator is a Level 6 felony if the person has a prior, unrelated conviction for the offense.
 
SB206 DEPOSITIONS OF CHILDREN. (MESSMER M) Defines "deposition" to include interviews, recorded statements, and depositions. Creates certain procedures and protections in a deposition for a child less than 16 years of age who is the victim of a sex crime. Provides that the term "defense counsel" includes the defense counsel, the defendant, or an agent of the defendant or defense counsel.
 
SB207 SYRINGE EXCHANGE PROGRAM. (MERRITT J) Requires a qualified entity to establish and maintain a syringe exchange program registry. Provides a defense to prosecution of certain offenses related to controlled substances if: (1) a person is currently registered under a syringe exchange program; (2) the person obtained the hypodermic syringe or needle under a syringe exchange program; and (3) there is no more than a residual amount of a controlled substance located in the hypodermic syringe or needle. Removes the requirement that a public health emergency be declared as a prerequisite for the approval of a syringe exchange program. Repeals the expiration date of the syringe exchange program. (Under current law, the expiration date is July 1, 2021.)
 
SB209 SEARCH OF CELLULAR TELEPHONE DATA. (CRIDER M) Provides that a search warrant authorizing a search of the data stored on a cellular telephone or similar device must be returned to the court not later than 10 days from the date the search of the device's storage begins.
 
SB220 SCHOOL EMPLOYEE SAFETY. (ALTING R) Provides that a governing body of a school corporation or administrative staff of a school corporation may not: (1) establish or adopt a rule or policy that limits or restricts a teacher or other school staff member from a provision that allows the removal of a student from class for a certain period; or (2) require a teacher or other school employee to physically touch a student under certain conditions. Requires a principal to report a physical assault by a student on a person having authority over the student to a law enforcement agency. Makes it a Class C misdemeanor if a principal knowingly or intentionally fails to make the report. Requires a school corporation to submit to the department of education information regarding a program developed with a law enforcement agency addressing certain violations of law and reporting requirements. Makes it a Class C misdemeanor for failure to report to a law enforcement agency that a school employee may have received a threat or may be the victim of intimidation, battery, or harassment. Increases the penalty for a battery if the offense is committed against a school employee while the school employee is acting within the scope of the school employee's employment. Provides that, before a student who is convicted of certain crimes is returned to class, the principal shall hold a meeting to determine whether a behavior or safety plan is required for the student.
 
SB236 MARIJUANA QUANTITIES. (YOUNG M) Specifies, for purposes of operating while intoxicated, a minimum amount of delta-9-tetrahydrocannabinol (THC) and the manner in which a chemical test for THC must be conducted. Requires the state department of toxicology to adopt rules relating to the administration of a chemical test for THC.
 
SB249 EXPLOITATION OF DEPENDENTS AND ENDANGERED ADULTS. (YOUNG M) Defines "person in a position of trust" and "self-dealing". Provides that a: (1) person commits exploitation of a dependent or an endangered adult if the person recklessly uses or exerts control over the personal services or property of an endangered adult or dependent; and (2) person in a position of trust commits exploitation of a dependent or an endangered adult if the person recklessly engages in self-dealing with the property of the dependent or endangered adult. Increases the penalty if the person has a prior unrelated conviction. Removes: (1) provisions relating to the Social Security Act; (2) a sentencing enhancement that applies if the victim is at least 60 years of age; and (3) a sentencing enhancement based on the value of the property.
 
SB278 REPRESENTATION OF THE INDIGENT AT INITIAL HEARING. (LANANE T) Provides that an indigent defendant has the right to consult with and be represented by counsel at the initial hearing. Provides that prior to conducting the initial hearing, if the judicial officer determines that a person is indigent, the judicial officer shall provide the person with sufficient time to consult with counsel prior to conducting the initial hearing.
 
SB286 LEAD POISONING PREVENTION. (BREAUX J) Defines "elevated blood lead level" for purposes of the health law and the education law as a blood lead level of at least five micrograms of lead per deciliter of whole blood. Defines "lead poisoning" for purposes of the health law. Provides that the governing body of a school corporation shall require all students who initially enroll in a school of the school corporation to be tested for an elevated blood lead level. Provides that a student may not be allowed to initially enroll unless the student has been tested and documentation of the test, including the test result, is provided to the school corporation. Requires the state department of health to adopt rules establishing requirements for the testing of individuals for an elevated blood lead level, and to amend those rules when necessary to ensure that the rules appropriately reflect and are consistent with the ongoing guidance of the federal Centers for Disease Control and Prevention. Provides that a physician, registered nurse, or health care facility, agency, or program that receives a test result indicating that a child has an elevated blood lead level shall: (1) notify the child's parent or guardian in writing of the test result; (2) provide the parent or guardian with a plain language explanation of the significance of lead poisoning; and (3) take appropriate measures to ensure that any other child under six years of age living in the same household is tested for an elevated blood lead level. Defines "dwelling unit lead hazard" for purposes of the property law as: (1) the presence of lead-based paint on a wall of a dwelling unit; (2) the presence of lead-contaminated soil outside a dwelling unit; or (3) the presence of lead in the drinking water system of a dwelling unit. Prohibits renting a dwelling unit to a tenant family that includes a child not more than six years of age if the dwelling unit is subject to a dwelling unit lead hazard. Provides that a landlord who knowingly or intentionally: (1) violates the prohibition; (2) represents to a tenant family that the tenant family may waive the prohibition; (3) misrepresents the age of a member of a tenant family to conceal a violation of the prohibition; or (4) induces a member of a tenant family to misrepresent the age of another member of the tenant family to conceal a violation of the prohibition; commits a Class C misdemeanor.
 
SB301 LOOKBACK PERIODS. (TALLIAN K) Provides that if certain criminal penalties are increased (or, in the case of an infraction, imposed) due to a prior conviction or infraction committed by a defendant, the new offense must have been committed not later than seven years from the later of the date: (1) of the conviction or infraction judgment; or (2) the person was released from incarceration, probation, or parole. Excludes certain crimes and classes of crimes from the seven year lookback period. (The introduced version of this bill was prepared by the interim study committee on corrections and criminal code.)
 
SB302 INDIGENCY DETERMINATIONS. (TALLIAN K) Establishes a procedure for a criminal court to use in determining if a defendant is indigent. Provides that, if a court has ordered a defendant to pay part of the cost of representation, the court shall inquire at sentencing whether the defendant has paid the required amount. Specifies that a court may prorate fines, fees, and court costs based on the person's reasonable ability to pay. (The introduced version of this bill was prepared by the interim study committee on corrections and criminal code.)
 
SB303 MONEY BAIL. (TALLIAN K) Provides that an arrestee whose most serious pending charge is a misdemeanor is presumptively entitled to release without money bail or surety under certain conditions.
 
SB329 SUPERVISED LOANS. (ZAY A) Provides that a supervised loan is a consumer loan in which the rate of the loan finance charge exceeds 36% per year (current law specifies 25%). Specifies actions that a supervised lender is prohibited from taking. Repeals current limitations on the charges that a supervised lender may contract for and receive. Specifies limits on fees and charges that a supervised lender may impose to replace the repealed limitations. Provides that a lender may not solicit a supervised loan using a negotiable check, facsimile, or other negotiable instrument that may be used by a consumer to activate a new supervised loan. Makes conforming changes.
 
SB373 VAPING AND TOBACCO. (MRVAN F) Prohibits a person who is less than 21 years of age from buying or possessing: (1) cigarettes; (2) tobacco products; (3) e-liquid; or (4) electronic cigarettes. Makes conforming changes regarding enforcement provisions, sales certificates, prohibition of delivery sales, and notices posted at retail establishments and at vending machines. Makes technical corrections.
 
SB374 E-LIQUID AND ELECTRONIC CIGARETTE CRIMES. (MRVAN F) Provides that a person who knowingly or intentionally sells an e-liquid or an electronic cigarette that contains: (1) a concentration of nicotine that is more than 20 milligrams per milliliter; or (2) contains vitamin E acetate; commits a Class C misdemeanor.
 
SB375 PROHIBITION ON E-LIQUIDS AND ELECTRONIC CIGARETTES. (MRVAN F) Provides that it is a Class C misdemeanor if a person knowingly or intentionally possesses an e-liquid or an electronic cigarette. Provides that it is a Class B misdemeanor if a person knowingly or intentionally sells, gives, or distributes an e-liquid or an electronic cigarette to another person. Makes corresponding changes.
 
SB376 FLAVORED E-LIQUIDS. (MRVAN F) Prohibits the sale of flavored e-liquid to a person of any age. Defines "flavored e-liquid" as e-liquid that contains a constituent ingredient that is added for the purpose of imparting a characterizing flavor. Provides that a manufacturer, distributor, or retailer may not manufacture, distribute, or market flavored e-liquid in Indiana.
 
SB395 UNIFORM CONSUMER CREDIT CODE. (BASSLER E) Amends the statute concerning first lien mortgage lending to specify that the statute does not apply to a mortgage transaction to the extent that, at the time of consummation, the debt created by the transaction is secured by a subordinate lien mortgage. Amends the Uniform Consumer Credit Code (UCCC) as follows: (1) Changes: (A) from July 1 of each even-numbered year to January 1 of each odd-numbered year the effective date for the adjustment, based on changes in the Consumer Price Index, of various dollar amounts set forth in the UCCC; and (B) the corresponding date that precedes the adjustment date and by which the department of financial institutions (department) must issue an emergency rule announcing the adjustment. (2) For an agreement for a consumer credit sale entered into after June 30, 2020: (A) changes the maximum authorized credit service charge from a blended rate based on the amount financed, to a maximum rate of 36% per year on the unpaid balances of the principal; (B) authorizes a seller to contract for and receive a nonrefundable fee of not more than $150, in addition to the credit service charge and any other authorized charges and fees; and (C) prohibits precomputed consumer credit sales. (3) Repeals a provision concerning the credit service charge for revolving charge accounts and relocates the language to the provision concerning the authorized credit service charge for consumer sales. (4) For an agreement for a consumer loan entered into after June 30, 2020: (A) changes the maximum loan finance charge from 25% to 36% per year on the unpaid balances of the principal; (B) redesignates the authorized "nonrefundable prepaid finance charge" as an authorized "nonrefundable fee" and changes the amount of the authorized fee from not more than $50 to not more than $150, in the case of a consumer loan not secured by an interest in land; (C) specifies that such a loan is not considered a supervised loan; and (D) prohibits precomputed consumer loans. (5) Amends the definition of "supervised loan" to specify that the term includes only a consumer loan for which a loan agreement is entered into before July 1, 2020. (6) Specifies that a delinquency charge that: (A) is not more than $5; and (B) is subject to: (i) statutory indexing based on the Consumer Price Index; and (ii) change, if contracted for by the parties; is authorized for a consumer credit sale or consumer loan (or to a refinancing or consolidation of either) that is made before July 1, 2019. (7) Specifies that the following delinquency charges, not subject to indexing or to change by agreement of the parties, are authorized for a consumer credit sale or consumer loan (or to a refinancing or consolidation of either) that is made after June 30, 2019: (A) $5, if installments are due every 14 days or less. (B) $25, if installments are due every 15 days or more. (C) $25, in the case of a single installment due at least 30 days after the consumer credit sale or consumer loan is made. (8) Makes cross references in the UCCC provisions concerning delinquency fees to the UCCC provisions that prohibit sellers and lenders from assessing a charge for: (A) a skip-a-payment service; or (B) an optional expedited payment service; with respect to any payment for which a delinquency charge has been assessed. (9) Makes conforming technical amendments throughout the UCCC to reflect the bill's changes. Changes from $1.50 to $3.00 the amount of the fee that a lessor in a rental purchase agreement may impose for accepting rental payments by telephone. Makes a technical amendment to the criminal loansharking statute to update a reference in that statute to the maximum loan finance charge authorized under the UCCC, to reflect the referenced citation's redesignation by the bill's changes to the UCCC.
 
SB397 TOBACCO, E-LIQUIDS, AND CBD. (HOUCHIN E) Provides that a person who knowingly or intentionally sells an e-liquid or an electronic cigarette that contains: (1) a concentration of nicotine that is more than 20 milligrams per milliliter; or (2) vitamin E acetate; commits a Class B infraction. Requires the alcohol and tobacco commission (commission) to issue licenses for low THC hemp extract distributors and sellers licenses (licenses). Provides that the commission may revoke a license if the distributor or seller does not have a certificate of analysis or documentation proving chain of custody for low THC hemp extract. Requires the commission to adopt rules concerning the process for issuance and renewal of licenses and violations that result in suspension or revocation of a license. Provides that a person who sells or distributes low THC hemp extract without a valid license commits a Class A infraction. Provides that it is a Class B infraction if a person knowingly or intentionally sells or distributes to another person food to which has been added certain active ingredients that include a drug product that has been approved under the federal Food, Drug, and Cosmetic Act.
 
SB419 DRIVING CARDS. (NIEZGODSKI D) Provides for the issuance of driving cards and driving card learner's permits (cards) to residents of Indiana who cannot provide proof of identity and lawful status in the United States. Provides that cards may not be used for federal identification or any other federal purpose. Requires that an individual who holds a card and operates a motor vehicle must verify that financial responsibility on any motor vehicle that the holder operates is continuously maintained in the amounts required by law. Makes conforming amendments. Makes technical corrections.
 
SB423 SMOKING AGE. (GROOMS R) Requires an individual to be at least 21 years of age (instead of at least 18 years of age) to: (1) purchase, possess, or sell tobacco, e-liquid, or electronic cigarettes; or (2) enter certain businesses where smoking is permitted.
 
SB434 PRIVATE CARD GAMES. (YOUNG M) Defines "private low stakes card game" and provides a defense to certain gambling crimes if the gambling was a private low stakes card game. Defines "cheating" and makes cheating at gambling a Class A misdemeanor, and increases the penalty for the offense based on the gain obtained by cheating. Makes conforming amendments.
 
SB439 LICENSURE OF ART THERAPISTS. (GROOMS R) Provides that art therapy services provided to an individual who receives mental health services or to an individual who receives services from a community mental health center are reimbursable under Medicaid. Provides for the licensure of professional art therapists and art therapist associates by the behavioral health and human services licensing board through the professional licensing agency. Establishes qualifications and requirements for a licensed art therapist and licensed art therapist associate.
 
SB440 DISSOLUTION OF TOWNSHIP GOVERNMENT. (BASSLER E) Requires in 2020 and every eight years thereafter that a public question be placed on the ballot in each county (except in a county having a consolidated city and a county in which township government has been dissolved), asking the voters of the county whether township government in the county should be dissolved. Provides that if the voters of the county vote in favor of dissolution of township government, township government in the county is dissolved on January 1 of the second odd-numbered year after the public question is approved by the voters. Provides that on the dissolution date, the county executive (or the county executive's designee) assumes the powers and duties of the township trustees in the county and the county fiscal body assumes the duties of the township boards. Provides that elected township officials serve out their terms of office and are required to assist in the transfer of the powers and duties of township government to county government. Renames "township assistance" as "local assistance". Provides for the disposition of township property, funds, and liabilities. Repeals a statute permitting the staggering of the terms of township board members. Repeals obsolete statutes. Makes conforming changes.
 
SB442 RESIDENTIAL LANDLORD-TENANT MATTERS. (MELTON E) Makes the following changes to the residential landlord-tenant statute: (1) Increases from 10 days to 14 days the time in which a tenant has to cure a failure to pay past due rent before the landlord may terminate the lease. (2) Provides that a landlord may not initiate an eviction proceeding or otherwise terminate a tenant's lease for certain alleged violations by the tenant unless the landlord provides the tenant with at least 14 days notice and the opportunity to cure the alleged violation. (3) Specifies that a landlord that seeks to terminate for any reason a lease for: (A) a tenancy at will; or (B) a tenancy of not more than three months that extends from one period to the next; must serve advance written notice on the tenant within the statutory time frames for the determination of such tenancies. (4) In the case of a one-year rental agreement for an unfurnished rental unit, prohibits a landlord from requiring a tenant to pay as a security deposit an amount that exceeds one monthly installment of rent. (5) Requires a landlord to give a tenant at least 60 days written notice before: (A) modifying the rental agreement in any way; or (B) increasing the rent. (Current law requires a landlord to give at least 30 days written notice before modifying the rental agreement in any way.) (6) Requires a landlord to give a tenant at least 48 hours advance notice of the landlord's intent to enter the tenant's dwelling unit. (Current law requires a landlord to give reasonable notice of the landlord's intent to enter a dwelling unit.) (7) Provides that, before a landlord may bring a court action to enforce a statutory obligation of a tenant, the landlord must: (A) serve written notice on the tenant of the tenant's noncompliance with the obligation; and (B) give the tenant at least 14 days from the date the notice is served to remedy the noncompliance. (Current law does not require the notice to be written and provides that the tenant must be given a reasonable amount of time to remedy the noncompliance.) (8) Defines: (A) "essential services" as certain utility services needed for the safe and habitable occupation by a tenant of the tenant's rental unit; and (B) "essential systems" as certain systems used to deliver essential services to a rental unit. Requires a landlord to repair or replace an essential system not later than 24 hours after being notified by a tenant that the tenant's rental unit is without essential services as a result of: (A) a malfunction in the essential system; or (B) the landlord's failure to maintain the system in good and safe working condition. (9) Provides that a tenant may enforce a statutory obligation of a landlord by: (A) providing 30 days notice to the landlord of the landlord's noncompliance with the obligation; and (B) if the landlord fails to make the repairs necessary to remedy the noncompliance, withholding from the next regular rental payment the estimated cost of the repairs and using the amount withheld to make the repairs. (10) Provides that, during the pendency of a court action brought by a tenant to enforce a statutory obligation of a landlord, the court may order the tenant to make the regular rental payments otherwise due to the landlord under the rental agreement to: (A) the clerk of the court; or (B) an attorney trust account; to be held in trust for disbursal to the prevailing party, as ordered by the court. (11) Prohibits a court or the operator of a case management system from disclosing information relating to an eviction action: (A) if the case is dismissed, or if the tenant prevails in the action or upon appeal; or (B) upon order of the court after a petition to prohibit disclosure is made by the tenant: (i) not earlier than five years after a judgment of eviction against the tenant becomes final; or (ii) at least one year after the case was filed if the case remains pending with no judgment. (12) Establishes the Indiana eviction prevention and reduction program to: (A) avoid the filing of unnecessary eviction actions; and (B) reduce the number of eviction judgments entered; with respect to residential rental units. Provides that the Indiana housing and community development authority (authority) shall administer the program. Requires the authority to establish, not later than January 1, 2021, policies and procedures to implement and administer the program. (13) Provides that a landlord that knowingly: (A) advertises for rent in Indiana; or (B) enters, or offers to enter into, a rental agreement for the lease of; a rental unit for which an enforcement authority has issued an order under the unsafe building law commits fraudulent leasing, a Class A misdemeanor.
 
SB446 PROHIBITION AGAINST EUTHANASIA. (BECKER V) Prohibits: (1) mercy killing; (2) lethal injection; and (3) passive withholding or withdrawal of a life prolonging procedure; by a health care provider in certain instances. Prohibits a person from delegating certain prohibited acts to a third party for the purpose of circumventing a prohibition against the act. Prohibits the lowering of a patient's standard of care by a health care provider in certain instances. Provides that a person who knowingly or intentionally exerts undue influence on a patient in order to convince the patient to end the patient's life commits a Level 1 felony. Makes conforming amendments and a technical correction.

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