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Bill Watch, Jan. 15, 2021: Current Criminal Law Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Jan 20, 2021

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

Click here to view the full Bill Watch reports.

HB1006    LAW ENFORCEMENT OFFICERS (STEUERWALD G) Requires the Indiana law enforcement training board to establish mandatory training in de-escalation as part of the use-of-force curriculum, and requires de-escalation training to be provided as a part of: (1) pre-basic training; (2) mandatory inservice training; and (3) the executive training program. Establishes a procedure to allow the Indiana law enforcement training board to decertify an officer who has committed misconduct. Defines "chokehold" and prohibits the use of a chokehold under certain circumstances. Specifies that a law enforcement officer who turns off a body worn camera with the intent to conceal a criminal act commits a Class A misdemeanor. Requires an agency hiring a law enforcement officer to request the officer's employment record and certain other information from previous employing agencies, requires the previous employing agency to provide certain employment information upon request, and provides immunity for disclosure of the employment records.

HB1022    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.

HB1023    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 shall 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. Provides, however, that the law enforcement officer is not required to issue a summons if the person: (1) is subject to arrest for another offense; (2) has violated the terms of supervised release; or (3) has an outstanding warrant. 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 two business days after issuance of the summons.

HB1026    MEDICAL MARIJUANA (LUCAS J) Permits the use of medical marijuana by persons with serious medical conditions as determined by their physician. Establishes a medical marijuana program to permit the cultivation, processing, testing, transportation, and dispensing of medical marijuana by holders of a valid permit. Requires the state department of health (state department) to implement and enforce the medical marijuana program. Requires that permit holders undertake steps to prevent diversion of medical marijuana to unauthorized persons. Requires that medical marijuana and medical marijuana products be properly labeled, placed in child resistant packaging, and tested by an independent testing laboratory before being made available for purchase. Prohibits packaging medical marijuana in a manner that is appealing to children. Authorizes research on medical marijuana in accordance with rules set forth by the state department. Prohibits discrimination against medical marijuana users. Prohibits harassment of medical marijuana users by law enforcement officers, and prohibits cooperation with federal law enforcement officials seeking to enforce federal laws that criminalize the use of marijuana authorized in Indiana. Makes conforming amendments.

HB1028    MARIJUANA (LUCAS J) Decriminalizes the possession of: (1) 30 grams or less of marijuana; 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 marijuana 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.

HB1046    HEMP FLOWER (LUCAS J) Removes smokable hemp as a crime. Legalizes all parts of the hemp plant for the purposes of agricultural production.

HB1057    EMS IMMUNITY (TORR J) Adds: (1) certified emergency medical responders; (2) certified advanced emergency medical technicians; and (3) licensed paramedics; to certain statutes concerning negligence and emergency medical services. Provides that a certified emergency medical technician who provides certain emergency medical services (EMS) to an emergency patient is not liable for an act or omission in providing those services unless the act or omission constitutes gross negligence or willful misconduct. Provides that a certified emergency medical responder who uses an automatic or a semiautomatic defibrillator on an emergency patient according to certain procedures is immune from civil liability for acts or omissions when rendering those services unless the act or omission constitutes gross negligence or willful misconduct. Provides that an act or omission of a licensed paramedic or a certified advanced emergency medical technician done or omitted in good faith while providing advanced life support to a patient or trauma victim does not impose liability upon the paramedic or advanced emergency medical technician, the authorizing physician, the hospital, or the officers, members of the staff, nurses, other employees of the hospital, or the local governmental unit unless the act or omission constitutes gross negligence or willful misconduct.

HB1068    LOCAL JUSTICE REINVESTMENT ADVISORY COUNCILS (FRYE R) Establishes a local justice reinvestment advisory council (local advisory council) in each county in Indiana. Provides that the purpose of a local advisory council is to review local criminal justice systems, policies, and procedures. Provides that the justice reinvestment advisory council shall assist local advisory councils with promoting: (1) the use of evidence based practices; and (2) certain best practices of community based alternatives and recidivism reduction programs. Sets forth duties of local advisory councils. Requires that the justice reinvestment advisory council conduct a review of community corrections code provisions in the Indiana Code.

HB1095    TRESPASSING (MOED J) Provides that a person commits the offense of criminal trespass if: (1) the person, who does not have a contractual interest in the property, knowingly or intentionally enters or refuses to leave the property of another person after having been prohibited from entering or asked to leave the property by a law enforcement officer when the property is designated by a municipality or county enforcement authority to be an unsafe building or premises; or (2) the person knowingly or intentionally enters the property of another person after being denied entry by a court order that has been issued to the person or issued to the general public by conspicuous posting on or around the premises in areas where a person can observe the order when the property has been designated by a municipality or county enforcement authority to be an unsafe building or premises; unless the person has the written permission of the owner, the owner's agent, an enforcement authority, or a court to come onto the property for purposes of performing maintenance, repair, or demolition.

HB1097    CRIMINAL PENALTIES (ABBOTT D) Provides that a person who discharges a firearm in an unsafe manner and creates a substantial risk of bodily injury or death to a person or group of persons in the immediate vicinity of where the firearm is shot commits a Level 5 felony. Provides that a person who resists law enforcement by operating a vehicle in a manner that creates a substantial risk of bodily injury to another person commits a Level 5 felony. Provides that a person who resists law enforcement by operating a vehicle in a manner that creates a substantial risk of bodily injury to another person or otherwise causes serious bodily injury to another person commits a Level 4 felony, if that person has a prior conviction for resisting law enforcement.

HB1108    FIREARM USED IN COMMISSION OF ATTEMPTED MURDER (BARTELS S) Adds attempted murder to the offenses that may be enhanced if a person used a firearm in commission of the offense.

HB1115    INTERFERING WITH PUBLIC SAFETY (MILLER D) 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 committed only if the person is denied entry by an emergency medical services provider or a law enforcement officer.)

HB1117    DECRIMINALIZATION OF MARIJUANA (VANNATTER H) Decriminalizes possession of two ounces or less of marijuana.

HB1124    HANDGUN TRAINING FOR SCHOOL EMPLOYEES (LEHMAN M) Provides that, before an employee or any other staff member of a school corporation, charter school, or nonpublic school may carry a firearm in or on school property as authorized by a school board of the school corporation, charter school, or nonpublic school, the employee or staff member shall do the following: (1) Successfully complete certain specialized weapons training or other firearm training. (2) Provide proof to the school board that the employee or other staff member has successfully completed the training. (3) Complete the Minnesota multiphasic personality inventory 2 (MMPI-II) and provide the results from the inventory to the school board of the school corporation, charter school, or nonpublic school. Establishes requirements for specialized weapons training. Requires an employee or any other staff member of a school corporation, charter school, or nonpublic school to successfully complete 16 hours of weapons training each year that the employee or staff member is authorized and intends to carry a firearm in or on school property. Provides that the specialized weapons training must be provided by a person or entity approved by the school board of the school corporation, charter school, or nonpublic school. Provides immunity from civil liability under certain circumstances. Allows a school to barricade or block a door during an active shooter drill or during an active shooter emergency occurring in a school building.

HB1125    DECEPTIVE LEAD GENERATION (LEHMAN M) Makes false, misleading, or deceptive advertisements for claims related to medical devices and legend drugs and certain other actions a deceptive act, and provides for enforcement mechanisms. Limits certain claims against a manufacturer or seller of legend drugs or medical devices. Limits awards of exemplary or punitive damages against a manufacturer or seller of legend drugs or medical devices.

HB1131    BIAS MOTIVATED CRIMES (BOY P) Establishes a sentencing procedure that requires a court, when sentencing an individual who has committed a crime that is motivated by a bias against another individual's actual or perceived age, ancestry, color, creed, disability, ethnicity, familial status, gender, gender identity, military service, national origin, race, religion, sex, or sexual orientation to impose an additional fixed term of imprisonment not to exceed five years, if the offense is a felony, or three years, if the offense is a misdemeanor. Requires law enforcement agencies to report bias motivated crimes to the Federal Bureau of Investigation.

HB1138    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 the 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.

HB1154    CANNABIS LEGALIZATION (SUMMERS V) Legalizes cannabis and establishes the cannabis regulatory agency (CRA) to regulate cannabis, including the permitting of growers, processors, dispensaries, and cannabis researchers. Requires the CRA to adopt rules limiting the number of dispensaries that may be established in a city, town, or county, and to ensure that a sufficient number of dispensary permits are awarded to minority business enterprises and women's business enterprises. Establishes permit fees. Creates the CRA advisory committee to advise the CRA. Changes references to "marijuana" in the Indiana Code to "cannabis". Legalizes possession of cannabis and possession of paraphernalia used in connection with cannabis. Legalizes the manufacture and delivery of cannabis and paraphernalia if done in substantial compliance with cannabis legalization provisions. Makes: (1) possession of cannabis by a person less than 21 years of age; (2) delivery of cannabis to a person less than 21 years of age; and (3) consumption of cannabis in a public place; a Class B misdemeanor. Allows a person sentenced for a cannabis offense committed before July 1, 2021, to petition for sentence modification even if the person would otherwise be barred from seeking sentence modification. Makes conforming amendments.

HB1163    BACKGROUND CHECKS AT GUN SHOWS (OLTHOFF J)Â Requires a person wishing to sell, trade, or transfer a firearm at a gun show 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 the 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 the firearm; (2) the intended recipient of the 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 a 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 a 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. Requires gun show organizers and operators to provide signage and written notice concerning required National Instant Criminal Background Checks. Specifies certain defenses. Defines certain terms. Makes conforming amendments.

HB1165    BATTERY AND MURDER BY AN OFFICER (BARTLETT J) Makes the penalty for battery committed by a law enforcement officer acting within the scope of the officer's duty the same level as battery committed on a law enforcement officer. Makes murder committed by a law enforcement officer acting within the scope of the officer's duty an aggravating circumstance permitting imposition of the death penalty.

HB1176    ELEMENTS OF RAPE (NEGELE S) Provides that a person commits rape if: (1) the person engages in sexual activity with another person and the other person 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; or (2) the person engages in sexual activity with another person and the other person has expressed a lack of consent, through words or conduct, to sexual intercourse or other sexual conduct.

HB1188    GREEN ALERT FOR MISSING AT-RISK VETERANS (GORE M) Defines "veteran at risk". Creates the green alert program. Changes the name of the Indiana clearinghouse for information on missing children and missing endangered adults to the Indiana clearinghouse for information on missing children, missing veterans at risk, and missing endangered adults (clearinghouse). Makes conforming changes to the duties of the clearinghouse. Creates certain duties and reporting requirements for law enforcement agencies concerning missing veterans at risk. Provides immunity for a broadcaster who broadcasts, or an electronic billboard operator who displays, a green alert notification and a person who establishes or maintains a green alert Internet web site under an agreement with the state police department.

HB1189    KILLING OF A LAW ENFORCEMENT ANIMAL (JETER C) Increases the penalty for killing a law enforcement animal to a Level 5 felony. Adds killing a law enforcement animal in the commission of a crime as an aggravating circumstance for sentencing in criminal cases.

HB1198    ADULT AND JUVENILE COURT JURISDICTION (MCNAMARA W) Provides that a complaint, indictment, or information for certain sex crimes shall be filed in adult criminal court if the accused person: (1) was less than 18 years of age at the time of the offense; and (2) is at least 21 years of age at the time of filing the complaint, indictment, or information. Provides that a prosecution for certain sex crimes must be commenced not later than one year after certain information is discovered if the accused person: (1) was less than 18 years of age at the time of the offense; and (2) is at least 21 years of age at the time of filing the complaint, indictment, or information. Provides that a court may suspend any part of a sentence for certain offenses filed in adult court.

HB1200    HUMAN TRAFFICKING (MCNAMARA W) Modifies the definition of "protected person" for purposes of the admission of a statement or videotape of an individual who is less than 14 years of age at the time of the offense. 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. 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. Requires law enforcement agencies to report human trafficking investigations to the attorney general within 30 days after an investigation begins.

HB1201    EMERGENCY TRANSPORT OF INJURED OPERATIONAL CANINE (MCNAMARA W) Provides that if there is not an individual requiring medical attention or transport, a paramedic, advanced emergency medical technician, or emergency medical technician may use emergency ambulance services to transport an operational canine injured in the line of duty to a veterinary hospital or clinic. Specifies the care that may be provided to the operational canine. Specifies who is responsible for the transportation and treatment cost of an injured operational canine. Provides that a paramedic, advanced emergency medical technician, or emergency medical technician who in the performance of their duties and in good faith renders care or transportation to an injured operational canine is not liable: (1) for any act or omission when rendering the care or transportation; or (2) to the veterinary hospital or clinic for expenses incurred for emergency care provided to the injured operational canine.

HB1202    SENTENCING (MCNAMARA W) Provides that the department of correction shall identify an inmate to the parole board and provide the parole board with the inmate's offender progress report as soon as practicable after the inmate has been confined to the custody of the department of correction for: (1) 15 consecutive years; (2) 14 consecutive years if the inmate has received one year of educational credit; (3) 13 consecutive years if the inmate has received two years of educational credit; (4) 12 consecutive years if the inmate has received three years of educational credit; or (5) 11 consecutive years if the inmate has received four years of educational credit. Provides that, after considering certain factors in determining whether to discharge an inmate who is not a violent criminal to parole or release an inmate who is not a violent criminal to the committing court for probation, the parole board shall discharge the inmate to parole or release the inmate to the committing court for probation if the sentence the inmate has served, including any credit time earned or accrued, for an offense committed before July 1, 2014, is greater than the current maximum sentence for the offense on the date the inmate files for a petition for discharge. Provides that an inmate who is not a violent offender whose petition for discharge was denied by the parole board for an offense that was committed before July 1, 2014, may seek further relief by petitioning the court for a sentence modification. Provides that if a person who is not a violent offender petitions for a sentence modification for an offense that was committed before July 1, 2014, the court shall do the following: (1) Consider the current maximum sentence for the offense on the date the person files a petition for sentence modification, including the

HB1376    CHARITABLE BAIL ORGANIZATIONS (MAYFIELD P) Allows a charitable organization to pay bail on behalf of a defendant if the organization: (1) is certified by the commissioner of the department of insurance; (2) pays cash bail in the amount of $2,000 or less on behalf of a defendant charged only with a misdemeanor; (3) only pays bail for a defendant who is indigent; (4) is represented by a bail agent; and (5) meets certain other requirements. Exempts from the certification requirement a charitable organization that pays bail for not more than two individuals in any 180 day period. Provides that if money or bonds have been set, bail by surety may be substituted for the money or bonds at any time before a breach.

HB1383    JUDICIAL OFFICERS (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. Makes conforming amendments.

HB1388    AUTOMATED TRAFFIC CONTROL IN CONSTRUCTION ZONES (MOSELEY C) Authorizes the state police department to establish an automated traffic control system pilot program to enforce highway worksite speed limits. Provides that a worksite speed limit violation recorded by an automated traffic control system may not be enforced unless the violation exceeds 11 miles per hour above the established worksite speed limit. Replaces the terms "work zone" and "worksite zone" with "worksite" throughout the relevant statutes.

HB1424    SEX OFFENDERS AND PARKS (SMALTZ B) Provides that the offense of unlawful entry by a serious sex offender includes when a serious sex offender knowingly or intentionally enters a public park or a public pool.

HB1430    PROTECTIONS FOR PREGNANT INMATES (BAUER M) Provides that the department of correction, a county jail, a juvenile detention center, or a juvenile detention facility shall: (1) use the least restrictive restraints necessary on a pregnant inmate when the pregnant inmate is in the second or third trimester of pregnancy; or (2) no restraints on a pregnant inmate who is in labor, delivering a baby, recuperating from a delivery, or dealing with a medical emergency related to the pregnancy, with certain exceptions. Provides that the department of correction, a county jail, a juvenile detention center, or a juvenile detention facility shall provide specific care, treatment, and education for pregnant inmates and inmates who have recently given birth. Repeals the current statute concerning prenatal and postnatal care and treatment and incorporates it into a new chapter concerning medical care and treatment for pregnant inmates. Establishes the women's prison oversight advisory committee. Defines "pregnant inmate" and "restraints".

HB1433    AUTOMATIC INTERNET SUBSCRIPTIONS (ABBOTT D) Provides that a business that offers a subscription, membership, or purchase agreement must adhere to certain requirements, including: (1) allowing a consumer that accepts an offer over the Internet to cancel the subscription, membership, or purchase agreement over the Internet; and (2) providing a clear and conspicuous cancellation policy to a consumer. Provides that a business that fails to comply with certain requirements renders any agreement or automatic renewal provision void and unenforceable. Provides that failure to comply with certain requirements is prima facie evidence that a person or business has engaged in an unfair or deceptive act that is actionable by the attorney general.

HB1439    COERCED ABORTIONS, PROTECTION OF A FETUS, AND WRONGFUL DEATH OR INJURY OF A CHILD (KING J) Requires that a woman seeking an abortion must be informed that a coerced abortion is illegal. Provides that certain medical personnel must inquire with a woman seeking an abortion whether the abortion is coerced. Requires certain medical personnel who believe that an abortion is coerced to offer the pregnant woman information on certain services, the use of a telephone, and an alternative exit from the health care facility. Makes it a Level 6 felony if a person knowingly or intentionally coerces a woman into having an abortion. Makes it a Level 6 felony if a father or putative father of an unborn child knowingly or intentionally coerces a pregnant woman into having an abortion. Mandates reports of a coerced abortion to law enforcement. Makes it a Class C infraction if a reproductive health facility knowingly employs a mandatory reporter who violates the mandatory reporting statute. Creates a cause of action for a wrongful death of an aborted child. Provides that a cause of action for the wrongful death or injury of a child includes a fetus in any stage of development. (Current law defines "child" as a fetus that has attained viability.) Provides that a person, or a person who is pregnant, is justified in using reasonable force to protect a fetus.

HB1445    TRAFFIC AMNESTY (SHACKLEFORD R) Provides that license reinstatement fees are: (1) $150 for the first offense; (2) $225 for the second offense; and (3) $300 for the third and any subsequent offenses. (Current law provides that license reinstatement fees are: (1) $250 for the first offense; (2) $500 for the second offense; and (3) $1,000 for the third and any subsequent offenses.) Extends for one year the traffic amnesty program to permit certain persons owing unpaid traffic fines, or who may be required to pay a fee for reinstatement of driving privileges, to obtain a reduction in the amount owed or amount payable. Establishes a payment plan to allow a person to pay the remaining 50% of unpaid fees in installments. Specifies that, if amnesty is granted and the court establishes a payment plan, the person is required to pay a $50 traffic amnesty installment fee.

SB1    CIVIL IMMUNITY RELATED TO COVID-19 (MESSMER M) Provides civil immunity for damages resulting from exposure of an individual to COVID-19 on the premises owned or operated by a person, on any premises on which the person or an employee or agent of the person provided property or services to the individual, or during an activity managed, organized, or sponsored by the person. Defines "COVID-19 protective product" and provides civil immunity for harm that results from the design, manufacture, labeling, sale, distribution, or donation of a COVID-19 protective product, except for an act or omission that constitutes gross negligence or willful or wanton misconduct (including fraud and intentionally tortious acts). Limits specified immunities to tort actions. Exempts fraud and intentionally tortious acts from specified immunities.

SB4    HEALTH CARE PROVIDER IMMUNITY (CHARBONNEAU E) Adds: (1) admissions to health facilities or housing with services establishments; and (2) services provided by additional health care professionals; to the definition of "health care services" for purposes of immunity for providing services during a declared disaster emergency. Provides civil immunity for the provision of certain services by persons during an event that is declared a disaster emergency. Removes the immunity requirement that the health care service be provided by a person who has an Indiana license to provide the health care service and that the service is within the scope of practice of the license. Specifies instances that do not constitute gross negligence or willful misconduct for purposes of immunity. Specifies information that must be included in a cause of action. Specifies that health care immunity provisions during a disaster emergency do not modify specified statutes.

SB8    TRAFFIC ENFORCEMENT IN RESIDENTIAL COMPLEXES (BUCHANAN B) Reenacts and extends the ability of a unit to enforce moving traffic ordinances on the property of a residential complex under certain circumstances. (This provision expired December 31, 2020.) Extends the requirement that the office of judicial administration submit reports to the legislative council relating to the enforcement of moving traffic ordinances on the property of residential complexes.

SB17    CAMPGROUND MATTERS (DORIOT B) Allows a campground owner to ask an individual to leave a campground in certain instances. Specifies that an individual who remains on or returns to a campground after having been asked to leave the campground commits criminal trespass. Provides that a guest who is asked to leave a campground is entitled to a refund of any unused portion of prepaid fees. Specifies the duties and responsibilities of the users and operator of a campground. Defines the risks assumed by a user of a campground. Specifies that an operator of a campground that fulfills the operator's duties and responsibilities has a complete defense to a civil action.

SB34    UNLAWFUL ASSEMBLY (TOMES J) Provides that a person convicted of rioting is not eligible: (1) for employment by the state or a local unit of government; and (2) to receive certain state and local benefits. Removes immunity under the Indiana tort claims act for the failure to enforce a law if the failure to enforce the law: (1) occurs in connection with an unlawful assembly; and (2) constitutes gross negligence. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person who is a member of an unlawful assembly. Prohibits a person from being released on bail without a hearing in open court, establishes a rebuttable presumption that money bail shall be required, and requires a court to consider whether bail conditions more stringent than the local guidelines should be imposed. Adds enhanced penalties to the crimes of: (1) rioting; (2) obstruction of traffic; (3) criminal mischief; and (4) disorderly conduct. Adds a sentence enhancement to battery committed by a member of an unlawful assembly. Defines "defunding law enforcement" and allows a person to bring an action to enjoin a local unit from defunding law enforcement.

SB38    ADVERSE POSSESSION STATUTE OF LIMITATIONS (DORIOT B) Amends the statute concerning the statute of limitations for actions for the recovery of the possession of real estate to provide that such an action that: (1) involves a line located and established by a professional surveyor; and (2) accrues before the lines are located and established by the surveyor; must be commenced before the expiration of the appeal period set forth in the statute governing county surveyors. Amends the provision concerning the establishment of property lines by means of a legal survey to specify that the lines established are binding on all affected landowners, including a landowner who claims title under a claim of adverse possession. Provides that certain information must be contained in a notice of survey sent to adjoining landowners, and that a legible copy of the plat of the legal survey must be enclosed with the notice.

SB46    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.

SB76    HUMAN TRAFFICKING (CRIDER M) Provides that money or property paid in human trafficking may be paid to a human trafficking victim or 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; (2) a belief that the human trafficking victim was at least 18 years of age; or (3) the intended victim is a law enforcement officer; is not a defense to a prosecution.

SB79    DOMESTIC BATTERY ENHANCEMENT (CRIDER M) Enhances the penalty for domestic battery when the offender has a prior conviction for strangulation against the same family or household member.

SB96    RIOTING (GROOMS R) Requires a person convicted of a battery against a law enforcement officer, firefighter, or emergency medical services provider to: (1) serve a mandatory minimum sentence of 30 or 90 days, depending on the severity of the injury; and (2) make restitution to the victim. Defines "tumultuous conduct" and "unlawful assembly" for purposes of the rioting statute, and requires a person convicted of rioting to: (1) serve a mandatory minimum sentence of 30 days; and (2) make restitution to the victim. Defines "camp" and "Indiana government center campus", and makes unlawful camping on the Indiana government center campus a Class A misdemeanor.

SB102    HISTORIC PROPERTY CRIMINAL MISCHIEF (HOUCHIN E) Provides that a person who recklessly, knowingly, or intentionally damages, defaces, or alters, without a permit, historic property that is: (1) owned by the state; or (2) located on property owned or leased by the state; commits historic property criminal mischief, a Class A misdemeanor. Provides that the offense is a Level 6 felony if the pecuniary loss is at least $750 but less than $50,000, and a Level 5 felony if the pecuniary loss is at least $50,000. Repeals the offense of altering historic property and incorporates the offense into the crime of historic property criminal mischief. Makes conforming changes.

SB104    POSSESSION OF MEDICAL MARIJUANA OR PARAPHERNALIA (TAYLOR G) Creates a defense to possession of paraphernalia that: (1) the paraphernalia is for use with marijuana; and (2) the person possesses a valid medical marijuana card from another state, or 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) the person possesses a valid medical marijuana card from another state, or 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.

SB122    DRUG SCHEDULES (YOUNG M) Adds new scheduled drugs to the statutory drug schedules.

SB135    CIVIL STATUTES OF LIMITATIONS (FREEMAN A) 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. Specifies that a patient of a health facility who is injured while on the premises of the health facility may bring an action not later than two years from the date the injury: (1) occurs; or (2) is discovered or reasonably should have been discovered. Makes conforming amendments.

SB167    THEFT AND SALE OF CATALYTIC CONVERTERS AND VALUABLE METALS (SANDLIN J) Provides that the theft of a component part of a motor vehicle, including a catalytic converter, is a Level 6 felony. Expands qualifying prior convictions for Level 6 felony theft to include robbery and burglary. Provides that a valuable metal dealer who knowingly or intentionally fails to comply with certain statutes regulating the purchase of a valuable metal commits a Level 6 felony. Removes infractions for failing to comply with statutes regulating the sale or purchase of a valuable metal.

SB168    INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT (SANDLIN J) Provides that effective January 1, 2023, the Indianapolis metropolitan police department (police department) is administered by a five member state board of police commissioners (board) consisting of: (1) four members appointed by the governor; and (2) the mayor of the consolidated city. Provides that the board's powers include: (1) exercising the power, authority, and responsibility of the executive and legislative body of the consolidated city to adopt, amend, and enforce ordinances, resolutions, and rules relating to the administration of the police department; (2) serving as the merit board for the police department; and (3) appointing a police chief for the department who is responsible only to the board. Provides that the legislative body of the police special service district retains the power to modify and approve the police department's budget.

SB171    MINIMUM AGE FOR LICENSE TO CARRY A HANDGUN (RANDOLPH L) Changes the minimum age required for a license to carry a handgun.

SB173    PROHIBITION OF FIREARMS AT POLLING PLACES (RANDOLPH L) Prohibits a person from carrying a firearm in, on, or near: (1) a chute; (2) polls; (3) areas where voters congregate or are likely to congregate; or (4) any room where ballots are being counted. Provides that the offense is a Class C misdemeanor. Enhances the offense to a: (1) Class A misdemeanor if the person has a prior unrelated conviction for the offense; or (2) Level 6 felony if the person points the firearm at another person. Specifies: (1) a defense; and (2) certain notice requirements. Prohibits certain other defenses. Defines certain terms. Makes conforming amendments.

SB176    DEPOSITION OF A PERSON WITH A MENTAL DISABILITY (MESSMER M) Repeals and replaces the term "child victim" with the term "protected victim". Defines "protected victim" as: (1) a child less than 16 years of age; or (2) an individual who is 16 years of age or older and has a mental disability attributable to an impairment of general intellectual functioning or adaptive behavior; who is the victim of a sex offense, and specifies that a protected victim has the right to confer with a representative of the prosecuting attorney's office before being deposed. Provides that a defendant may only depose a protected victim if the prosecuting attorney agrees to the deposition or if a court authorizes the deposition. Sets forth a procedure for a court to use to determine whether to authorize the deposition of a protected victim, and to specify the manner in which the deposition may be conducted. Provides that an order authorizing the deposition of a protected victim must expressly prohibit the presence of the person accused of committing the offense against the protected victim unless certain conditions apply and the presence of the accused is necessary to preserve the person's rights under the constitution of the United States or the State of Indiana. Makes conforming amendments.

SB177    VICTIM'S RIGHTS AND INVESTIGATIONS (MESSMER M) Requires the state police department, upon the written request of an immediate family member of the deceased, to conduct a new and independent investigation into the cause of death if a local law enforcement agency has determined that the death was not the result of a criminal act committed by a third person.

SB186    PROSECUTING ATTORNEYS (KOCH E) Repeals the requirement that a prosecuting attorney execute a surety bond for the faithful execution of the duties of the office. Allows a prosecuting attorney or deputy prosecuting attorney to solemnize a marriage. Permits the department of child services (DCS) or a prosecuting attorney to file a paternity action if the mother, person with whom the child resides, or DCS has applied for services under Title IV-D of the federal Social Security Act. Requires a prosecuting attorney to investigate information received about the commission of a felony, a misdemeanor, acts of delinquency, or an infraction. Allows a prosecuting attorney to issue subpoenas ad testificandum or ask a court with jurisdiction to issue subpoenas, subpoenas duces tecum, search warrants, or any other process necessary to support or aid an investigation. Broadens the types of expenses a county auditor pays for in connection with a criminal case. Allows a prosecuting attorney to appoint employees with the approval of the county council. Allows the prosecuting attorneys council of Indiana (council) to call two conferences each year and specifies who may attend the conferences. Increases the annual salary of a deputy prosecuting attorney under certain circumstances. Requires a prosecuting attorney to devote full professional time to the position unless the prosecuting attorney is in a judicial circuit with a population of less than 10,000. Provides that if a prosecuting attorney is in a judicial circuit with a population of less than 10,000, the prosecuting attorney may devote partial time to the position after filing a notice to that effect. Permits that a part-time prosecuting attorney may change his or her status 30 days before taking office or before June 30 of the applicable year. Allows a part-time prosecuting attorney to engage in the private practice of law. Requires the council to conduct training for prosecuting attorneys and their staffs. Renames the drug prosecution fund as the substance abuse prosecution fund. Limits the defense and indemnification of prosecuting attorneys to actions that do not result in a criminal conviction or disciplinary actions outside the scope of employment. Makes conforming changes.

SB187    PROTECTION OF MONUMENTS, MEMORIALS, AND STATUES (KOCH E) States the policy of the state of Indiana regarding the protection of monuments, memorials, and statues. Requires the state police department to prioritize the investigation and prosecution of persons who destroy, damage, vandalize, or desecrate a monument, memorial, or statue. Requires the state police department to assist political subdivisions in the investigation and prosecution of persons who destroy, damage, vandalize, or desecrate a monument, memorial, or statue. Provides that it is state policy to withhold state support relating to public spaces for political subdivisions that fail to protect public monuments, memorials, and statues and from political subdivisions that have failed to protect public monuments, memorials, and statues from destruction or vandalism. Provides that a person who knowingly destroys, damages, vandalizes, or desecrates a monument, memorial, or statue owned by the state or a political subdivision or that is located on real property owned by the state or a political subdivision commits monument desecration, a Level 6 felony. Provides that a court may suspend only that part of a sentence for monument desecration that is in excess of the minimum sentence for that offense.

SB188    REVISED UNIFORM UNCLAIMED PROPERTY ACT (KOCH E) Repeals the unclaimed property act and replaces it with the revised unclaimed property act. Makes conforming amendments.

SB193    CREDIT TIME (TAYLOR G) Provides that a person assigned to credit class P earns one day of good time credit for each day served.

SB194    PROVOCATION AND OBSTRUCTION (BALDWIN S) Increases the penalty for provocation if committed against a public safety official, and increases the penalty for obstruction of traffic under certain circumstances.

SB197    CRIMINAL LAW ISSUES (YOUNG M) Specifies that a conviction for certain sex offenses requires mandatory revocation of a teaching license. Provides that a child who: (1) commits indecent display by a youth; or (2) commits dangerous possession of a firearm or provides a firearm to another child in certain circumstances; has committed a delinquent act subject to the jurisdiction of a juvenile court. Provides that bail provisions that apply to persons on probation and parole also apply to persons on community supervision. Removes and replaces certain references to "official investigations", "official proceedings", and methods of reporting. Adds to the crime of resisting law enforcement the act of resisting, refusing, obstructing, or interfering with a law enforcement officer's lawful: (1) entry into a structure; or (2) order to exit a structure. Provides that all Level 1 and Level 2 felonies may be prosecuted at any time. Repeals synthetic identity deception and consolidates it with identity deception. Provides that all felony battery and domestic battery crimes are crimes of violence, and adds arson and criminal confinement to the list of crimes of violence. Makes attempted murder a predicate offense for the use of a firearm sentence enhancement. Makes certain changes to the definition of "substantially similar" for purposes of the controlled substance law. Adds controlled substance analogs to certain statutes prohibiting controlled substances in penal facilities. Repeals and consolidates various fraud and deception offenses. Defines "financial institution" for purposes of crimes involving financial institutions. Defines "pecuniary loss" for purposes of fraud in connection with insurance. Makes conforming amendments.

SB198    RIOTING (YOUNG M) Grants the attorney general concurrent jurisdiction with the prosecuting attorney to prosecute an action in which a person is accused of committing a criminal offense while a member of an unlawful assembly. Permits the chief executive officer of a political subdivision to establish a curfew under certain circumstances. Makes refusing to leave a location in violation of a curfew, after having been informed of the curfew and ordered to leave by a law enforcement officer, a Class B misdemeanor. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person who is a member of an unlawful assembly. Prohibits a person from being released on bail without a hearing in open court, establishes a rebuttable presumption that money bail shall be required, and requires a court to consider whether bail conditions more stringent than the local guidelines should be imposed. Adds enhanced penalties to the crimes of: (1) rioting; and (2) obstruction of traffic. Makes felony rioting a predicate offense for purposes of the felony murder statute. Establishes the crime of enabling rioting, a Class B misdemeanor, if a person: (1) is present during the commission of a felony by a member of an unlawful assembly; (2) knows that the member is committing a criminal offense; and (3) fails to immediately leave or report the offense to law enforcement. Makes providing funding to a person to commit a criminal offense while a member of an unlawful assembly a Class A misdemeanor, and increases the penalty to a Level 6 felony if the person provides funding for five or more people, and a Level 5 felony if the person provides funding for 10 or more people.

SB199    SELF-DEFENSE (YOUNG M) Specifies that "reasonable force" includes the pointing of a loaded or unloaded firearm for purposes of self-defense and arrest statutes.

SB200    NONCOMPLIANT PROSECUTING ATTORNEY (YOUNG M) Permits the attorney general to request the appointment of a special prosecuting attorney if a prosecuting attorney is categorically refusing to prosecute certain crimes, and establishes a procedure for the appointment of a person to serve as a special prosecuting attorney to prosecute cases that the county prosecuting attorney is refusing to prosecute.

SB217    DETERMINATION OF COMPETENCY TO STAND TRIAL (SANDLIN J) Provides that a competency examination must be conducted by a psychiatrist or psychologist, requires that the person who conducts the competency examination file a report with the court, and allows the court to order a second competency examination under certain circumstances. (Under current law, a competency examination must be conducted by two or three qualified persons, and one or more physicians who are not psychologists or psychiatrists may conduct or participate in the examination.)

SB221    CREDIT TIME CLASSES (TALLIAN K) Changes credit Class A to include any noncredit restricted felon who is charged with a crime. Changes credit Class B to permit a credit restricted felon imprisoned for a crime, or imprisoned and awaiting trial or sentencing for a crime, to earn one day of good time credit for every three days of confinement.

SB222    MONEY BAIL (TALLIAN K) Provides that if: (1) the most serious crime with which an arrestee is charged is a misdemeanor which did not result in bodily injury to another person and which is not operating while intoxicated; (2) the arrestee does not have a felony conviction; and (3) certain other conditions apply; the court shall release the arrestee without money bail unless the court finds by a preponderance of the evidence that requiring money bail is reasonably necessary.

SB223    MARIJUANA LEGALIZATION (TALLIAN K) Provides that a person who knowingly or intentionally possesses more than two ounces of marijuana commits the offense of possession of marijuana. (Current law provides that the offense of possession of marijuana can be for any amount of marijuana.) Repeals the offense of possession of marijuana, hash oil, hashish, or salvia as a Level 6 felony. Makes conforming amendments.

SB224    PROHIBITED SERVICES RELATING TO CARE OF MINORS (KRUSE D) Prohibits specified health care professionals from: (1) performing certain medical procedures on a minor; or (2) subjecting a minor to certain activities; that purposely attempt to change, reinforce, or affirm a minor's perception of the minor's own sexual attraction or sexual behavior, or attempt to change, reinforce, or affirm a minor's gender identity when the identity is inconsistent with the minor's biological sex.

SB319    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 the 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. Provides that the bureau of motor vehicles may not disclose certain information unless presented with a lawful court order or judicial warrant. Makes conforming amendments. Makes technical corrections.

SB321    MARIJUANA AND MEDICAL CANNABIS MATTERS (NIEZGODSKI D) Establishes a five year medical cannabis pilot program, administered by the state department of health, to permit the use of medical cannabis in Indiana. Creates a cannabis cultivation center tax credit for a person who establishes or operates a cultivation center. 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.

SB368    JUVENILE JUSTICE (TALLIAN K) Requires the Indiana criminal justice institute to track the number of children committed to jail. Repeals the juvenile direct file statute, increases the age at which a court may waive juveniles in certain circumstances, and makes certain firearm offenses waivable. Provides for the automatic expungement of certain juvenile offenses. Removes the penalty of life without parole for persons who commit murder while less than 18 years of age. Makes it a mitigating factor for imposition of the death penalty that the defendant was less than 25 years of age. (Under current law, the mitigator applies if the defendant was less than 18.) Makes possession by a minor of marijuana and paraphernalia used with marijuana a juvenile status offense. Prohibits a juvenile arrestee who meets certain requirements from being housed with adult inmates prior to trial, with certain exceptions. Increases the availability of sentence modification for crimes committed by persons less than 18 years of age. Establishes a procedure for determining juvenile competency. Makes other changes and conforming amendments.

SB388    AGE FOR COMPULSORY SCHOOL ATTENDANCE (TAYLOR G) Provides that a student is bound by compulsory school attendance requirements from the beginning of the fall school term for the school year in which the student is five years of age on August 1 of that school year. (Current law provides that a student is bound by compulsory school attendance requirements from the beginning of the fall school term for the school year in which the student becomes seven years of age.) Makes conforming amendments.

SB391    PROHIBITED CROWD CONTROL PRACTICES (MELTON E) Prohibits law enforcement officers from using a kinetic energy projectile or a chemical agent to disperse a lawful: (1) assembly; (2) demonstration; (3) protest; or (4) other gathering of people. Specifies certain requirements concerning the use of kinetic energy projectiles and chemical agents when dispersing unlawful: (1) assemblies; (2) demonstrations; (3) protests; or (4) other gatherings of people. Prohibits the deliberate targeting of a person's head or neck when using or deploying a kinetic energy projectile or a chemical agent. Prohibits the use of a kinetic energy projectile or chemical agent for curfew enforcement purposes. Defines certain terms.

SB394    POLICE DEPARTMENT ADMINISTRATION (FREEMAN A) Provides that the chief of a city police department or town board of metropolitan police commissioners has the sole authority to make general or special orders to the police department establishing the department's procedures and policies, including use of force policy. Provides that the city or town may not prohibit or restrict a member of the police department from using a force option consistent with the standards and training regarding the lawful use of force adopted by the law enforcement training board. Provides that the law enforcement training board may establish standards for training programs that, if not adhered to, constitute grounds for decertifying the program.

SB404    SHARP PARAPHERNALIA (YODER S) Defines "sharp paraphernalia device" and establishes a defense to possession of a sharp paraphernalia device and to possession of a residual amount of controlled substance located in a hypodermic syringe or hypodermic needle, if: (1) before conducting a search, a law enforcement officer asks about the existence of a sharp paraphernalia device; and (2) the person informs the law enforcement officer of the existence and location of the sharp paraphernalia device before the officer conducts the search.

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