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Bill Watch, Jan. 31, 2020: Current Criminal Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Feb 4, 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.
 
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.)
 
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.
 
HB1120 EDUCATIONAL CREDIT TIME. (STEUERWALD G) Amends guidelines related to educational credit time for a person incarcerated in the department of correction.
 
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.
 
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.
 
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.
 
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.
 
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.
 
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.
 
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.
 
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.)
 
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.
 
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.
 
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.
 
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.
 
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.
 
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.
 
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.)
 
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.
 
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.

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