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Bill Watch, Jan. 23, 2018: Current Criminal Law Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Jan 23, 2018

The IndyBar Legislative Committee is currently monitoring the following criminal law related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Lawren Mills at lawren.mills@icemiller.com.

Click here to view the full Bill Watch reports.

HB1006    FORENSIC TREATMENT SERVICES. (STEUERWALD G) Makes various changes to the criminal justice institute's annual report on the impact of criminal code reform on local units of government, the department of correction, and the office of judicial administration. Requires the report to be prepared in conjunction with the justice reinvestment advisory council (council). Adds probation departments, pretrial diversion programs, and jail treatment programs to programs that are eligible to apply for a state grant for community corrections. Replaces the Indiana judicial center with the office of judicial administration for purposes of: (1) submitting the community supervision collaboration plan; (2) approval of the commissioner of the department of correction providing additional financial aid to counties with a community supervision collaboration plan; and (3) duties with the council. Allows the division of mental health and addiction (division) to establish a pilot program, subject to available funding and on the recommendation of the council, to provide mental health and addiction forensic treatment services to individuals who are charged with a misdemeanor and meet certain eligibility criteria. Provides that if the pilot program is established, the division shall issue annual reports. Removes an expired provision.

HB1007    HEALTH AND HUMAN SERVICES AND INSURANCE MATTERS. (KIRCHHOFER C) Allows the division of mental health and addiction to grant approval for nine additional opioid treatment programs that: (1) are operated by a hospital; and (2) meet other specified requirements; if the division determines that there is a need for the program in the proposed location. Makes an exemption for an individual employed by a community mental health center to the requirement that an individual obtaining clinical social work experience be licensed as a social worker. Allows an individual to take the required examination for licensure as a social worker, mental health counselor, or addiction counselor before the individual meets the experience requirement for licensure. Requires: (1) the office of the secretary of family and social services, a contractor, or a managed care organization for purposes of the Medicaid program; (2) an accident and sickness insurer; and (3) a health maintenance organization; to provide provisional credentialing to a provider for which a credentialing determination is not completed in at least 30 days if certain requirements are met, and requires reimbursement for the services provided during the period of provisional credentialing. Requires certain policies of accident and sickness insurance to provide coverage for substance abuse or chemical dependency treatment provided by an addiction counselor.

HB1033    TREATMENT OF OUT-OF-STATE CONVICTIONS IN SENTENCING. (WASHBURNE T) Provides that, for purposes of law regarding death sentences and sentences for felonies and habitual offenders, a Level 6 felony conviction includes a conviction in another jurisdiction for which the offender might have been imprisoned for more than one year but less than two and one-half years.

HB1034    HOME DETENTION MATTERS. (LEHMAN M) Eliminates the requirement that a period of home detention ordered as a condition of probation must be at least 60 days. Allows a court to approve activities for an offender that do not require the offender to be confined to the offender's home at all times. Provides that an offender must maintain a working telephone, cellular telephone, or other wireless or cellular communications device in the offender's home as a condition of being on home detention.

HB1041    MEDICAL CANNABIS. (ERRINGTON S) Defines "qualifying patient", and permits a qualifying patient to use medical cannabis under certain circumstances. Requires the state department of health to adopt rules before July 1, 2019: (1) concerning the use, distribution, cultivation, production, and testing of medical cannabis; and (2) developing and implementing a medical cannabis registry. Provides limited reciprocity for holders of nonresident medical cannabis cards. Provides immunity from civil and criminal liability for physicians who recommend the medical use of cannabis. Provides a defense to: (1) arrest; and (2) criminal prosecution; for marijuana possession and use in certain circumstances. Makes conforming amendments. Makes a technical correction.

HB1059   PROFESSIONAL LICENSING AGENCY. (BACON R) Removes references in behavioral health and human services licensing law to certified health care professionals. Specifies that the statutes concerning behavioral health and human services professionals may not be construed to limit addiction counseling performed by certain students, interns, and trainees studying in institutions accredited by an accreditation program approved by the behavioral health and human services licensing board. Requires an individual who is licensed as an addiction counselor or a clinical addiction counselor to: (1) display a counselor license or a clear copy of a counselor license at each location where the addiction counselor or clinical addiction counselor regularly practices; and (2) include certain information on the individual's professional marketing material. Changes certain educational and clinical experience requirements for a licensed addiction counselor and a licensed clinical addiction counselor.

HB1064    INTERFERENCE WITH LAW ENFORCEMENT. (MILLER D) Provides that a person commits interfering with law enforcement, a Class B misdemeanor, if the person: (1) obstructs or interferes with a law enforcement officer carrying out the officer's official duties; (2) resists, obstructs, or interferes with the service of process; or (3) enters a crime scene or similar location that is marked off with barrier tape or other markers. Increases the penalty if the person uses a vehicle, draws or uses a deadly weapon, or causes injury or death to another person. Provides that resisting or interfering with law enforcement is enhanced to a Level 6 felony if the person uses a vehicle to commit the offense. (Under current law, the felony enhancement applies only if the person flees from law enforcement using a vehicle.)

HB1075    DISSEMINATING MATERIAL HARMFUL TO MINORS. (PRYOR C) Requires a person convicted of disseminating material harmful to minors to register as a sex offender if the person is a child care worker and distributes the material to a child who is under the person's care or supervision or who attends a school at which the person is employed.

HB1092    COURT FEES. (HATFIELD R) Requires a court to assess a drug abuse, prosecution, interdiction, and correction fee against a person who is convicted of certain legend drug offenses.

HB1093    BULLYING AND ORDERS OF PROTECTION. (HATFIELD R) Defines "bullying". Provides that a person who is a victim of bullying may file a petition for an order of protection against a person who commits harassment or an act of bullying. Makes the knowing or intentional violation of an order of protection against bullying a Class A misdemeanor. Makes conforming changes.

HB1094    ANIMAL CRUELTY. (HATFIELD R) Increases the offense level for certain animal cruelty crimes. Provides that a person who recklessly, knowingly, or intentionally tethers a dog under certain circumstances while the dog is in the person's care, custody, or control commits unlawful tethering of a dog, a Class C misdemeanor. Amends and creates certain definitions for offenses relating to animals. Makes conforming amendments.

HB1106    MEDICAL MARIJUANA. (LUCAS J) Permits the cultivation, dispensing, and use of medical marijuana by persons with serious medical conditions. Requires the state department of health to implement and enforce the medical marijuana program. 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.

HB1111    AGE OF CONSENT. (MACER K) Adds the criminal offense of indiscretion, which is committed when a person who is at least 23 years of age engages in sexual intercourse or other sexual conduct, fondling, or touching with a child who is at least 16 years of age but less than 18 years of age. Provides that a teacher's license may be revoked or contract canceled for conviction of indiscretion. Adds indiscretion to the list of sex offenses. Makes conforming amendments.

HB1121    RAPE KIT TESTING. (LUCAS J) Defines "kit" as a standard medical forensic examination kit for victims of a sex crime, as developed by the state police department. Requires the superintendent of the state police department (superintendent) to adopt guidelines that: (1) urge law enforcement agencies to send kits for testing not later than 21 days after receiving notice of a completed kit from a forensic medical services provider; (2) urge crime labs to test kits within 30 days of receipt; (3) urge law enforcement agencies to test previously untested kits; (4) urge law enforcement agencies to eliminate any backlog associated with untested kits in their possession not later than October 31, 2018; and (5) allow for the reporting of certain statistics related to kit inventory and testing. Requires the superintendent to provide information to the interim study committee on corrections and criminal code concerning: (1) the entering of tested kit results into the combined DNA index system (CODIS); (2) the number of untested kits possessed by law enforcement agencies statewide; and (3) the reasons for delays in kit testing. Requires a forensic medical services provider to notify a law enforcement agency regarding the completion of a kit not later than 24 hours after the kit is completed. Requires the department of homeland security to develop best practices and guidelines designed to assist crime labs and law enforcement agencies with the elimination of untested kit backlogs. Makes conforming amendments.

HB1131    OPIATE RISK INFORMATION. (DAVISSON S) Provides that before issuing an initial prescription for an opiate, a practitioner shall specifically discuss with the patient who is at least 18 years of age or the patient's parent or guardian certain information concerning opiates. Requires the practitioner to include a note of the conversation in the patient's medical record. Creates an exception for patients receiving hospice care.

HB1133    VICTIM NOTIFICATION. (HEAD R) Provides that if the discharge or release date of an offender is changed during the 40 day notification period before an offender's planned discharge or release, the department of correction shall notify the victim as soon as possible but not more than 48 hours after the change in the discharge or release date.

HB1134    DRUG ADDICTION WORKFORCE RECOVERY PROGRAM. (DAVISSON S) Requires the division of mental health and addiction (division) to establish a drug addiction workforce recovery program (program). Provides that the program is to assist employers who have recently hired or offered to hire individuals who are qualified for employment with the employer and have failed an initial drug screening, to employ the individual if the individual agrees to participate in a drug education and addiction treatment program as a condition of employment. Establishes requirements for the program. Provides that the division may allow an employer to deduct from the employee's wages to pay for a part of the employee's drug education and addiction treatment services if the employee has assigned the wages. Requires that the department of workforce development and the state department of health shall assist the division in administering the program. Provides that if an employer and employee comply with the program, the employer is not liable in a civil action alleging negligent hiring for negligence of the employee. Allows the department of workforce development to develop an incentive program for employers who participate in the program.

HB1146    CERTIFICATE OF EMPLOYABILITY. (HARRIS JR. E) Creates a certificate of employability for persons convicted of misdemeanors and certain felonies. Provides that a court shall issue a certificate of employability to persons convicted of misdemeanors and Class D or Level 6 felonies under certain circumstances, and that a court may issue a certificate of employability to persons convicted of certain more serious felonies. Establishes a procedure to petition for a certificate of employability and requires payment of the civil filing fee to petition for a certificate of employability. Provides that a petition for a certificate of employability may be filed not earlier than: (1) six months after the date of conviction, in the case of a misdemeanor; (2) one year after the date of conviction, in the case of Class D or Level 6 felonies; (3) three years after the date of conviction or one year after the date the sentence is completed, in the case of more serious felonies; and (4) six years after the date of conviction or two years after the date the sentence is completed, in the case of the most serious felonies. Prohibits the granting of a certificate of employability to sex and violent offenders and persons convicted of specified serious crimes. Provides immunity to employers in negligent hiring cases who hire persons with a certificate of employability under certain circumstances.

HB1150    CBD OIL. (JUDY C) Defines "CBD oil" as a product that contains: (1) not more than 0.3% THC; (2) at least 5% cannabidiol; and (3) no other controlled substances. Legalizes CBD oil. Repeals superseded provisions relating to cannabidiol registration. Authorizes the alcohol and tobacco commission (ATC) to adopt rules concerning: (1) the testing of the THC concentration in certain substances; (2) the approval of a laboratory to conduct THC testing; (3) the certification of THC test results; and (4) the manner in which CBD oil may be sold. Makes violation of ATC rules relating to the sale of CBD oil a Class B infraction.

HB1152    TRAFFIC AMNESTY PROGRAM. (SHACKLEFORD R) Establishes a temporary 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. Specifies that a person seeking a reduction in fees owed is not required to pay a court filing fee but is required to pay a $50 administrative fee.

HB1160    SENTENCE ENHANCEMENT FOR USE OF A FIREARM. (HAMM R) Requires the state to seek to have a person who allegedly committed a felony sentenced to an additional fixed term of imprisonment of 10 years if the state can show beyond a reasonable doubt that the person knowingly or intentionally used a firearm in the commission of the felony. Provides that if the state proves beyond a reasonable doubt that a person knowingly or intentionally used a firearm in the commission of a felony, the court shall sentence the person to an additional fixed term of imprisonment of 10 years. Specifies that the additional fixed term of imprisonment is nonsuspendible. Prohibits a plea agreement from being made by a prosecuting attorney to a court if the plea agreement would prohibit: (1) the prosecuting attorney from seeking to have a person sentenced to the additional fixed term of imprisonment of 10 years; or (2) the court from sentencing a person to the additional fixed term of imprisonment of 10 years; if the state can show beyond a reasonable doubt that the person knowingly or intentionally used a firearm in the commission of a felony. Makes conforming amendments. Repeals superseded provisions.

HB1173    TRIAL RECORDS. (PRESSEL J) Permits a victim (or an immediate family member of a deceased victim) to obtain, free of charge, an electronic copy of the transcript of criminal proceedings in the victim's case. Requires a prosecuting attorney or victim assistance program to assist the victim or immediate family member in obtaining the transcript.

HB1178    TRIAL RECORDS. (PRESSEL J) Permits a victim (or an immediate family member of a deceased victim) to obtain, free of charge, an electronic copy of the transcript of criminal proceedings in the victim's case. Requires a prosecuting attorney or victim assistance program to assist the victim or immediate family member in obtaining the transcript.

HB1184    SEXUAL ASSAULT VICTIMS. (ERRINGTON S) Repeals (from Title 16) and replaces (in Title 35) a chapter relating to victims of sexual assault. Specifies that law enforcement officers, providers, or victim advocates shall order medical forensic examinations to be conducted at a sexual assault treatment center (rather than at a general hospital) if practicable. Provides for the establishment of a sexual assault response team (SART) in a county without a SART. Defines "sexual assault forensic examiner" (SAFE) and specifies the duties of a SAFE. Requires SARTs to develop a plan for the treatment of sexual assault crime victims, and specifies certain provisions that must be included in the plan. Makes conforming amendments.

HB1224    CANNABIDIOL STUDY. (SUMMERS V) Urges the legislative council to assign to the appropriate study committee the task of studying: (1) the benefits that individuals with certain chronic conditions obtain from the use of cannabidiol; and (2) the best means for assuring that individuals in Indiana with certain chronic conditions are able to obtain safe supplies of cannabidiol in a manner that does not violate state law.

HB1228    DATA CONCERNING YOUTH IN ADULT COURT. (MCNAMARA W) Requires the criminal justice institute to: (1) track certain information concerning juveniles under the jurisdiction of an adult court due to a juvenile court not having jurisdiction; (2) track certain information concerning waivers of juvenile court jurisdiction; and (3) publish the information annually.

HB1229    CERTIFICATION OF TREATMENT PROVIDERS. (MCNAMARA W) Provides that mental health and addiction forensic treatment services may be administered or coordinated only by a provider certified by the division of mental health and addiction or licensed by the Indiana professional licensing agency to provide mental health and addiction treatment. (Under current law, a provider may provide services only if the provider is certified or licensed by the division of mental health and addiction.) (The introduced version of this bill was prepared by the interim study committee on corrections and criminal code.)

HB1234    DRUG OVERDOSES. (MORRIS R) Allows mental health and addiction forensic treatment services to be provided to individuals charged, after June 30, 2018, with a misdemeanor offense. Requires specified emergency services personnel to transport an individual who has been administered an overdose intervention drug to the hospital for additional treatment and a blood draw. Provides that probable cause to issue a warrant to test a person's blood for controlled substances exists if: (1) the person is revived after administration of an overdose intervention drug; and (2) certain other conditions are met. Establishes that it is abuse of a controlled substance, a Class A misdemeanor, for an individual to knowingly, intentionally, or recklessly use a controlled substance without a valid prescription.

HB1238    CRIMINAL HISTORY DATA COLLECTION. (OLTHOFF J) Requires the criminal justice data division of the state police department to collect criminal history data in a manner consistent with the most recent revisions to the Uniform Crime Reporting Program maintained and operated by the United States Department of Justice. Urges the legislative council to assign to an appropriate study committee topics related to: (1) criminal data collection by the state police department; and (2) whether Indiana should amend its definition of "rape".

HB1243    RESISTING LAW ENFORCEMENT. (DEVON D) Provides that the offense of resisting law enforcement is a Level 5 felony if the person has two or more prior unrelated convictions for resisting law enforcement. Makes conforming amendments.

HB1244    LAW ENFORCEMENT EXPOSURE TO COMMUNICABLE DISEASES. (DEVON D) Provides that a law enforcement officer who is exposed to blood or body fluids may request to be included in the list of individuals who are provided with notification concerning exposure to a dangerous communicable disease.

HB1249    ORGANIZED RETAIL THEFT. (NEGELE S) Makes it organized retail theft, a Level 6 felony, for a person to knowingly: (1) take, procure, receive, conceal, or otherwise exercise control over merchandise of a retail merchant; or (2) use an artifice, an instrument, a container, a device, or another article to facilitate taking, procuring, receiving, concealing, or exercising control over merchandise of a retail merchant; without the consent of the retail merchant or without paying the appropriate consideration for the merchandise, and with the intent to sell, deliver, or distribute the merchandise to another person. Makes organized retail theft, in certain circumstances, a Level 5 or Level 4 felony, depending on the value of the property that was stolen. Provides that the value of the property is the fair market value at the time and place the offense was committed. Allows property with a retail or repurchase value of at least $100 that is stolen during the commission of the crime of organized retail theft to be seized and forfeited under the law concerning forfeiture of property used in violation of certain criminal statutes. Allows a victim of the crime of organized retail theft to receive treble damages in a civil action concerning the crime. Adds organized retail theft to the list of crimes considered racketeering activity under the law concerning racketeer influenced and corrupt organizations.

HB1270    HUMAN TRAFFICKING. (SIEGRIST S) Changes the human and sexual trafficking statute by: (1) reclassifying the term "human and sexual trafficking" to "human trafficking", which includes the offenses of labor and sexual trafficking; (2) creating separate offenses for labor and sexual trafficking and renaming certain crimes; (3) removing the element of force from forced labor, marriage, prostitution, and participating in sexual conduct; (4) removing involuntary servitude from the human trafficking statute; (5) removing from the sexual trafficking statute the element that a buyer must know that a person is a human trafficking victim before committing the offense; and (6) adding elements to certain human and sexual trafficking offenses. Expands the rape shield statute to include victims of human trafficking and certain other offenses. Increases the penalties for the offenses of child exploitation and possession of child pornography. Adds an element to the defense of prosecution under the offenses of sexual misconduct with a minor and promotion of sexual trafficking of a younger child. Provides that the crime of making an unlawful proposition is a: (1) Level 6 felony if the person unlawfully propositions another person; and (2) Level 5 felony if the other person unlawfully propositioned is less than 18 years of age. Prohibits certain defenses to a prosecution of making an unlawful proposition. Requires law enforcement to notify the department of child services of a possible child trafficking victim in certain sexual offenses. Urges the legislative council to assign to an appropriate interim study committee the task of studying the topic of human trafficking in Indiana involving law enforcement, creation of programs, and review of the penalties for human trafficking crimes in the criminal code. Requires the commission on improving the status of children in Indiana to study the topic of what specific authority a law enforcement officer has in order to take custody of or detain a child in certain situations where the officer believes a child may be a victim of human trafficking and who is potentially a child in need of services. Makes conforming amendments.

HB1272    LAURA'S LAW. (GOODIN T) To honor the memory of Laura Russell, provides that if a court denies a request for an arrest warrant involving a crime of domestic violence, a prosecuting attorney may petition a court to hold an ex parte hearing to present additional evidence to establish probable cause. Requires a court to hold the ex parte hearing within 24 hours after the petition is filed. Provides that if a court denies a request for an arrest warrant after the ex parte hearing and issues a summons for the defendant, certain notice of the summons to the victim is required. Requires that the service of summons on a defendant concerning an alleged crime of domestic violence must be served by a law enforcement officer. Requires a bail hearing if a person is charged with a crime of domestic violence. Enhances the penalty for invasion of privacy to a Level 6 felony if a person violates a no contact order that was issued as a condition of probation or a bond. Enhances the penalty for domestic battery to a Level 6 felony if a person has a previous conviction of domestic battery. Provides that bail must be revoked for a defendant charged with a crime of domestic violence who violates a no contact order while on bail and who is subsequently charged with invasion of privacy or a subsequent crime of domestic violence.

HB1273    CBD OIL FOR MEDICAL TREATMENT. (GOODIN T) Exempts a physician from criminal penalties for possession or delivery of CBD oil and paraphernalia if the physician possessed or delivered the CBD oil or paraphernalia in connection with the treatment of a patient. Exempts a patient from criminal penalties for the possession of CBD oil or paraphernalia if the CBD oil or paraphernalia is used in connection with treatment by a physician. Repeals superseded provisions relating to the cannabidiol registry.

HB1328    BAIL ISSUES. (PORTER G) Specifies that the Indiana pretrial risk assessment system shall be designed to assess an arrestee's likelihood of failing to appear. Provides that murder is not bailable if the state proves by a preponderance of the evidence that the proof is evident or the presumption strong. Removes a provision requiring a judicial officer to take into account the defendant's criminal or juvenile record when determining the amount of bail needed to assure a defendant's appearance at trial.

HB1359    DRUG DEALING RESULTING IN DEATH. (STEUERWALD G) Makes manufacturing or dealing certain controlled substances resulting in the death of a user: (1) a Level 1 felony if the controlled substance is cocaine, methamphetamine, or a schedule I, II, or III controlled substance; (2) a Level 2 felony if the controlled substance is a schedule IV controlled substance or a synthetic drug or synthetic drug lookalike substance; and (3) a Level 3 felony if the controlled substance is a schedule V controlled substance. Makes conforming amendments.

HR2    URGING THE LEGISLATIVE COUNCIL TO ASSIGN THE TOPIC OF MEDICAL MARIJUANA TO THE INTERIM STUDY COMMITTEE ON PUBLIC HEALTH, BEHAVIORAL HEALTH, AND HUMAN SERVICES DURING THE 2018 INTERIM. (LEHMAN M) Urging the legislative council to assign the topic of medical marijuana to the interim study committee on public health, behavioral health, and human services during the 2018 interim.

SB3    CRIMES AGAINST PUBLIC SAFETY OFFICIALS. (MERRITT J) Increases the penalty for battery if it is committed against a public safety official or a relative of a public safety official because of the official's status or perceived status as a public safety official, and increases the penalty for criminal recklessness if it is committed against: (1) a public safety official while the official is engaged in the official's official duties; or (2) a public safety official or a relative of a public safety official if the offense is committed because of the official's status or perceived status as a public safety official.

SB4    DUTIES OF CORRECTIONS AND CRIMINAL CODE INTERIM STUDY COMMITTEE. (BRAY R) Provides that the interim study committee on corrections and criminal code shall review current trends with respect to criminal behavior, sentencing, incarceration, and treatment and may: (1) identify particular needs of the criminal justice system that can be addressed by legislation; and (2) prepare legislation to address the particular needs found by the committee. (The introduced version of this bill was prepared by the interim study committee on corrections and criminal code.)

SB12    PROTECTIVE ORDERS AND WIRELESS SERVICE PROVIDERS. (HOUCHIN E) Allows a court to include the transfer of wireless telephone numbers and accounts as part of an order for protection.

SB13    ADMINISTRATION OF OVERDOSE INTERVENTION DRUGS. (GLICK S) Provides that community correction officers and probation officers may administer an overdose intervention drug. Requires community correction officers and probation officers to report the use of an overdose intervention drug to the emergency ambulance service responsible for reporting the use to the Indiana emergency medical services commission. Provides civil immunity to community correction officers and probation officers who administer an overdose intervention drug. Provides civil immunity to a person who has an agency relationship with a community correction officer or probation officer who administers an overdose intervention drug.

SB17    VOLUNTARY MANSLAUGHTER WITH A DEADLY WEAPON. (ZAKAS J) Increases the penalty for voluntary manslaughter from a Level 2 felony to a Level 1 felony if the offense is committed by means of a deadly weapon.

SB51    EXPUNGEMENT OF ADDICTION RELATED CONVICTIONS. (LONG D) Establishes a procedure to permit a person: (1) with an addiction disorder related conviction; and (2) who has completed a high intensity residential treatment program; to expunge the person's addiction disorder related conviction.

SB60    OUT OF STATE SEX OR VIOLENT OFFENDERS. (ZAKAS J) Provides that a failure to register as a sex or violent offender for an offense originating from another jurisdiction is a Level 5 felony in certain instances.

SB61    JUVENILE DNA COLLECTION. (ZAKAS J) Requires a juvenile court to order a child found to be a delinquent child for the commission of an act that, if committed by an adult, would be: (1) burglary; (2) residential entry; (3) a crime of violence; or (4) a sex offense; to provide a DNA sample to the agency having supervision of the child or to the county sheriff. Makes conforming amendments.

SB63    SENTENCING ENHANCEMENT FOR INJURY TO OTHERS. (YOUNG M) Makes a technical correction.

SB64    SENTENCE MODIFICATION. (YOUNG M) Provides that a court may not, without the consent of the prosecuting attorney, reduce the sentence of a person sentenced under a plea agreement if the reduction was not authorized by the plea agreement.

SB70    STATUTE OF LIMITATIONS FOR CHILD SEX OFFENSES. (CRIDER M) Expands the list of offenses that may be prosecuted before a victim reaches 31 years of age to include all offenses of child molesting, vicarious sexual gratification, child solicitation, child seduction, sexual misconduct with a minor, and incest.

SB73    PUBLIC ORDER OFFENSE ENHANCEMENT. (SANDLIN J) Allows the court to sentence a person to an additional fixed term of imprisonment between six months and two and one-half years if a person is found guilty of committing a public order offense and the person concealed the person's identity by wearing a mask or face covering while committing the offense.

SB94    PUBLIC ORDER OFFENSE ENHANCEMENT. (SANDLIN J) Allows the court to sentence a person to an additional fixed term of imprisonment between six months and two and one-half years if a person is found guilty of committing a public order offense and the person concealed the person's identity by wearing a mask or face covering while committing the offense.

SB106    SCHEDULE I CONTROLLED SUBSTANCES. (MERRITT J) Adds certain compounds to the list of schedule I controlled substances.

SB107    INSPECT REGISTRATION FOR DISPENSERS OF CONTROLLED SUBSTANCES. (MERRITT J) Requires certain registered dispensers of controlled substances to be registered with the INSPECT program.

SB108    CRIMES INVOLVING SYNTHETIC DRUGS. (MERRITT J) Makes possessing or dealing in a substance that is a controlled substance analog an offense of the same level as possession of or dealing in the controlled substance of which the substance is an analog. Defines "substance represented to be a controlled substance" and establishes certain factors the trier of fact may consider to determine if a substance meets the definition. Repeals crimes concerning synthetic drug lookalike substances. Provides that convictions for synthetic drug offenses will, in certain cases, no longer be treated the same as marijuana offenses. Makes conforming amendments.

SB111    PROHIBITED EQUIPMENT ON FIREARMS. (TAYLOR G) Defines the term "multiburst trigger activator". 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.

SB120    USE OF TELECOMMUNICATIONS DEVICES WHILE DRIVING. (GROOMS R) Makes it a Level 5 felony if a person uses hands free or voice operated technology while operating a moving motor vehicle unless the device is used to call 911 to report a bona fide emergency. Revises the term "telecommunications device" for purposes related to motor vehicle operation.

SB131    CRIMES INVOLVING SYNTHETIC DRUGS. (BOHACEK M) Makes certain offenses involving synthetic drugs an enhancing circumstance. Removes certain misdemeanor prosecutions concerning synthetic drugs and synthetic lookalike drugs from eligibility for conditional discharge.

SB138    MAKING AN UNLAWFUL PROPOSITION. (LANANE T) Increases the penalty for making an unlawful proposition from a Class A misdemeanor to a Level 6 felony if the person to whom the offer or payment is made is less than 18 years of age. Makes it a Level 5 felony if a person who commits the offense of making an unlawful proposition knows that the other person is less than 18 years of age.

SB139    INVESTIGATION OF OVERDOSE DEATHS. (MERRITT J) Requires the county coroner to do the following if the county coroner reasonably suspects the cause of a person's death to be accidental or intentional overdose of a controlled substance: (1) Obtain any relevant information about the decedent maintained by the INSPECT program. (2) Extract and test certain bodily fluids of the decedent. (3) Report test results to the state department of health (department). (4) Provide the department notice of the decedent's death, including any information related to the controlled substances involved, if any. Authorizes the department to adopt rules. Makes conforming changes.

SB140    MAINTAINING A COMMON NUISANCE. (YOUNG M) Provides a defense to the crime of maintaining a common nuisance if: (1) the location was not primarily used for specified unlawful acts; (2) the charged offense involves less than a specified quantity of marijuana, hashish, hash oil, or salvia or involves paraphernalia; and (3) the person does not have a prior unrelated conviction for maintaining a common nuisance.

SB146    AIDING IN THE ESCAPE OF AN INMATE. (ZAY A) Adds cellular telephone components to the existing list of prohibited items for which trafficking with an inmate is a Level 5 felony. Creates the crime of aiding in the escape of an inmate. Adds carrying a deadly weapon into a correctional facility and aiding in the escape of an inmate to: (1) the list of offenses that make the offender ineligible for a forensic diversion program; (2) the list of offenses for which a juvenile's arrest or custodial detention by a law enforcement agency must be reported by the law enforcement agency to the juvenile's school; (3) the offenses that may be considered as an aggravating factor in sentencing under certain circumstances; and (4) the list of offenses that make the offender a serious violent felon for purposes of the statute regarding possession of a firearm by a serious violent felon. Makes conforming amendments.

SB152    SURVIVOR HEALTH COVERAGE. (CRIDER M) Provides that, if the employer of a public safety officer who dies in the line of duty after June 30, 2018, offers health coverage for active employees, the employer shall offer to provide and pay for health coverage under the plan covering active employees for the surviving spouse and each natural child, stepchild, and adopted child of the public safety officer. Provides that health coverage for a surviving child continues: (1) until the child becomes 18 years of age; (2) until the child becomes 23 years of age, under certain circumstances; or (3) during the entire period of the child's physical or mental disability; whichever period is longest.

SB199    SENTENCE MODIFICATION. (FREEMAN A) Provides that a court may not, without the consent of the prosecuting attorney, reduce the sentence of a person sentenced under a plea agreement if the reduction was not authorized by the plea agreement.

SB200    SUSPENSION OF A SENTENCE FOR A FELONY. (FREEMAN A) Provides that a court may suspend only that part of a sentence that is in excess of the minimum sentence for a person convicted of a Level 2 or Level 3 felony who has a prior unrelated felony conviction, other than a conviction for a felony involving marijuana, hashish, hash oil, or salvia divinorum. (Current law provides that a court may suspend any part of a sentence for certain Level 2 and Level 3 felony convictions, including drug related convictions.)

SB201    PAROLE FOR VIOLENT OFFENSES. (FREEMAN A) Increases the potential maximum parole period from 12 months to 24 months for certain felons who have committed a violent offense (as defined by statute).

SB202    NONCONSENSUAL PORNOGRAPHY. (FREEMAN A) Defines "intimate image" and makes it a Class A misdemeanor for a person to distribute or display an intimate image of an individual who the person knows or reasonably should know does not consent to the distribution or display of the intimate image. Increases the penalty to a Level 6 felony for a second or subsequent offense.

SB203    CRIMES RESULTING IN THE LOSS OF A FETUS. (FREEMAN A) Provides that the crimes of: (1) murder; (2) voluntary manslaughter; (3) involuntary manslaughter; and (4) feticide; may be committed against a fetus in any stage of development. Specifies that the offenses do not apply to a lawfully performed abortion. Repeals a superseded provision.

SB214    CBD OIL. (TOMES J) Defines "CBD oil" as a product that contains: (1) not more than 0.3% THC; (2) at least 5% cannabidiol; and (3) no other controlled substances. Legalizes CBD oil. Repeals superseded provisions relating to cannabidiol registration.

SB219    INSPECT PROGRAM REPORTING AND REVIEW. (HOUCHIN E) Requires the medical director of the law enforcement agency or an emergency medical services agency supervising an emergency medical services provider to transmit certain information to the INSPECT program when an emergency medical services provider administers an overdose intervention drug to a patient. Removes lapsed provisions. Establishes the INSPECT peer review subcommittee.

SB221    INSPECT PROGRAM. (HOUCHIN E) Allows a dispenser of ephedrine, pseudoephedrine, or a controlled substance to transmit certain information to the INSPECT program by any electronic method that meets specifications prescribed by the state board of pharmacy (board). Provides that, to the extent considered appropriate by the board, the INSPECT data base must be interoperable with other similar registries operated by federal and state governments. Requires the following practitioners to obtain information about a patient from the data base before prescribing an opioid or benzodiazepine to the patient: (1) A practitioner who has had the information from the data base integrated into the patient's electronic health records. (2) Beginning January 1, 2019, a practitioner who provides services to the patient in the emergency department of a hospital or a pain management clinic. (3) Beginning January 1, 2020, a practitioner who provides services to the patient in a hospital. (4) Beginning January 1, 2021, all practitioners. Removes lapsed provisions. Provides that beginning January 1, 2019, a practitioner who is permitted to distribute, dispense, prescribe, conduct research with respect to, or administer ephedrine, pseudoephedrine, or a controlled substance in the course of the practitioner's professional practice or research must be certified to receive information from the INSPECT program.

SB225    CONTINUING EDUCATION REQUIREMENTS. (HEAD R) Establishes continuing education requirements for licensed health care practitioners who apply for a controlled substances registration. Provides that the continuing education requirements expire July 1, 2025.

SB251    AGE OF CONSENT. (MRVAN F) Adds the criminal offense of indiscretion, which is committed when a person who is at least 22 years of age engages in sexual intercourse or other sexual conduct, fondling, or touching with a child who is at least 16 years of age but less than 18 years of age. Adds indiscretion to the list of: (1) sex offenses; and (2) offenses that would determine if a child is a child in need of services. Makes conforming amendments.

SB252    PREVENTION OF SEXUAL VIOLENCE, DOMESTIC VIOLENCE, AND STALKING. (MRVAN F) Requires each approved postsecondary educational institution to do the following: (1) Establish a comprehensive policy concerning sexual violence, domestic violence, and stalking (comprehensive policy). (2) Develop a concise notice, written in plain language, regarding the rights and options of students who are victims of sexual violence, domestic violence, or stalking and provide the notice to students from whom the approved postsecondary educational institution receives a report of a violation of the comprehensive policy. (3) Designate one or more individuals to serve as confidential advisors to provide emergency and ongoing support to students who are victims of sexual violence, domestic violence, or stalking. (4) Establish a complaint resolution procedure to resolve reports of student violations of an approved postsecondary educational institution's comprehensive policy. (5) Provide training and information concerning sexual violence, domestic violence, and stalking to students and certain employees of the approved postsecondary educational institution. (6) Establish an approved postsecondary educational institution campus wide task force or participate in a regional task force to work toward improving coordination among community leaders and service providers in the prevention of sexual violence, domestic violence, and stalking and ensure a coordinated response of law enforcement and victim services. (7) Submit a report to the commission for higher education (commission) concerning an approved postsecondary educational institution's comprehensive policy, notice of student rights and options, and information regarding reports of sexual violence, domestic violence, and stalking at the approved postsecondary educational institution. Requires the commission to maintain on the commission's Internet web site a list of all the approved postsecondary educational institutions that fail to comply with the reporting requirements.

SB264    RAPE KITS. (CRIDER M) Defines "kit" as the standard medical forensic examination kit for victims of a sex crime developed by the state police department. Requires the statewide sexual assault response team (ISART) to prepare a report regarding: (1) the feasibility of creating a kit tracking and testing data base; (2) the identity of the supervising agency or entity responsible for creating, operating, managing, and maintaining the kit tracking and testing data base; and (3) possible sources of funding for the kit tracking and testing data base. Requires ISART to submit a report to the legislative council in an electronic format not later than December 1, 2018. Defines certain terms. Makes conforming amendments.

SB271    BIAS CRIMES. (TAYLOR G) Requires law enforcement officers to receive training in identifying, responding to, and reporting bias motivated crimes in which the person who committed a criminal offense selected the victim who was injured or whose property was damaged because of the individual's actual or perceived race, color, creed, disability, national origin, religion, sexual orientation, gender, or gender identity. Allows an individual who suffers a personal injury or property damage because of a criminal offense or delinquent act to bring a civil action to recover damages, including punitive damages, if the person who committed the criminal offense or delinquent act that caused the injury or property damage selected the individual because of the individual's actual or perceived race, color, creed, disability, national origin, religion, sexual orientation, gender, or gender identity. Establishes a sentencing procedure that requires a court, when sentencing an individual who has committed a crime that is motivated by a bias against another individual's race, color, creed, disability, national origin, religion, sexual orientation, gender, or gender identity, to impose an additional fixed term of imprisonment not to exceed five years, if the offense is a felony, or three years, if the offense is a misdemeanor.

SB280    CANNABIDIOL (CBD) AND MARIJUANA. (BOOTS P) Excludes certain substances with a tetrahydrocannabinol (THC) concentration of not more than 0.3% from the definition of marijuana. Authorizes the alcohol and tobacco commission to adopt rules concerning: (1) the testing of the THC concentration in certain substances; (2) the approval of a laboratory to conduct THC testing; and (3) the certification of THC test results.

SB291    EXPUNGEMENTS. (YOUNG M) Provides that the court shall order the central repository for criminal history information maintained by the state police department to seal a person's expunged conviction records for a misdemeanor or Class D and Level 6 felony conviction including information related to: (1) an arrest or offense in which no conviction was entered and that was committed as part of the same episode of criminal conduct as the case ordered expunged; and (2) any other references to matters related to the case that was ordered expunged. Establishes a method for a person to expunge a protective order.

SB292    CRIMINAL LAW MATTERS. (YOUNG M) Repeals the offense of auto theft and receiving stolen auto parts. Provides that a person who knowingly or intentionally exerts unauthorized control of a motor vehicle or a component part of a motor vehicle, with the intent to deprive the other person of any part of its value or use, commits theft, a Level 6 felony. Provides that a person who knowingly or intentionally exerts unauthorized control of a motor vehicle or a component part of a motor vehicle, with the intent to deprive the other person of any part of its value or use, and has a prior unrelated conviction for a qualifying offense, commits theft, a Level 5 felony. Defines "qualifying offense". Repeals the offense of theft as a Level 6 felony if a person has a prior unrelated conviction for theft or criminal conversion. Prohibits the expunged conviction records of an undocumented alien to be sealed or redacted. Prohibits a minor in adult court to waive, as part of a plea agreement, the right to transfer jurisdiction to juvenile court for adjudication and disposition under certain circumstances. Amends the statute concerning the suspension of a sentence for a person with a juvenile record. Makes conforming amendments.

SB293    NALOXONE. (YOUNG M) Provides that probable cause to issue a warrant for a blood test exists if: (1) a person is revived after administration of an overdose intervention drug; and (2) certain other conditions are met. Specifies that a person revived by means of an overdose intervention drug and who meets certain other qualifications: (1) has the right to pretrial diversion and participation in an addiction treatment program; and (2) shall be issued a summons instead of being arrested (if there is no probable cause to believe that the person has committed an offense other than possession of a controlled substance or controlled substance paraphernalia). Specifies that a person who abuses a controlled substance: (1) commits a Class A misdemeanor; (2) has the right to receive a summons instead of arrest for the offense; and (3) has the right to participate in a treatment program without being charged with the offense. Provides that the court shall order all documents relating to the person's case and treatment to be sealed.

SB294    SALE OF CBD OIL. (YOUNG M) Requires the state department of health to include a unique identification number and bar code on cards issued to persons on the cannabidiol (CBD) registry (registry). Authorizes a retailer to possess and sell CBD if the retailer stores the CBD in a locked case and takes certain steps to verify that the purchaser is on the registry. Makes conforming amendments.

SB306    POSSESSION OF MARIJUANA, HASH OIL, HASHISH, OR SALVIA. (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.

SB307    MEDICAL MARIJUANA. (TALLIAN K) 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 the department of marijuana enforcement (DOME) as a state agency to oversee the program, and creates the DOME advisory committee to review the effectiveness of the program and to consider recommendations from DOME. Authorizes DOME to grant research licenses to research facilities with a physical presence in Indiana. Repeals the controlled substance excise tax and the marijuana eradication program. Provides that a person commits possession of marijuana only if the person possesses or cultivates more than two ounces of marijuana. Makes conforming amendments.

SB310    MARIJUANA AND CONTROLLED SUBSTANCES. (TALLIAN K) Excludes from the definitions of: (1) "controlled substance"; (2) "controlled substance analog"; and (3) "marijuana"; certain substances containing less than 0.5% tetrahydrocannabinol. Specifies that "tetrahydrocannabinol", for purposes of inclusion in schedule I, does not include a compound containing less than 0.5% tetrahydrocannabinol. Removes certain references to hashish and hash oil. Makes conforming amendments.

SB334    PROHIBITION ON OPERATING A DRONE WHILE IMPAIRED. (GROOMS R) Provides that a person who operates an unmanned aerial vehicle while intoxicated commits the crime of operating an unmanned aerial vehicle while intoxicated, a Class B misdemeanor.

SB335    PRESCRIBING OF CONTROLLED SUBSTANCE. (GROOMS R) Requires that a controlled substance prescription be issued electronically after June 30, 2019, and establishes a Class B infraction for a prescriber who fails to comply. Requires a prescriber to obtain three hours of continuing education every two years on the prescribing of opioid medication in order to continue issuing prescriptions for opioid medication and establishes a Class B infraction for failure to comply. Requires the medical licensing board of Indiana to study and determine, before November 1, 2018, whether a waiver is necessary for the electronic prescription requirement and to report back to the general assembly. Sets forth requirements for the report.

SB336    SENTENCING. (MERRITT J) Makes Level 2 through Level 4 felonies nonsuspendible if the person has a prior unrelated felony conviction. Increases the maximum penalty for a Level 1 felony from 40 to 50 years. Makes the penalty for a Level 3 felony six to 20 years, with an advisory sentence of 12 years. (Under current law, the penalty is three to 16 years, with the advisory sentence being nine years.) Raises the minimum penalty for a Level 4 felony from two to four years, and increases the advisory sentence from six to eight years. Increases the maximum penalty for a Level 6 felony from two and one-half years to three years, and raises the advisory sentence from one year to one and one-half years. Makes conforming amendments.

SB337    CONTROLLED SUBSTANCES. (MERRITT J) Provides that a person who deals carfentanil or fentanyl commits a Level 2 felony. Provides that a person who deals carfentanil or fentanyl that results in the user's death commits murder.

SB338    DRUG TAKE BACK PROGRAM AND DRUG MANUFACTURERS. (MERRITT J) Transfers the powers of administering a drug take back program from the Indiana board of pharmacy to the state department of health (state department). Requires the state department to implement a drug take back program (program) and sets forth requirements. Requires a pharmaceutical manufacturer to: (1) operate a program individually or jointly with another pharmaceutical manufacturer; (2) enter into an agreement with another entity to act as the pharmaceutical manufacturer's agent and operate a program; or (3) operate an alternative plan to assist in funding programs. Sets forth requirements of a program. Requires an operator of a program to file an annual report and sets forth requirements of the report. Establishes the drug take back fund.

SB339    CONTROLLED SUBSTANCE DISPENSING. (MERRITT J) Requires a pharmacy and pharmacist to sell or dispense a controlled drug in schedule II (controlled drug) in a lockable vial and bill the controlled drug manufacturer for the cost of the lockable vial. Prohibits billing the patient for the cost of the lockable vial. Provides for immunity from liability for a pharmacy, pharmacy personnel, and pharmacist in certain circumstances.

SB357    INVOLUNTARY MANSLAUGHTER AND DRUG DEALING. (HOUCHIN E) Makes manufacturing or delivering certain controlled substances involuntary manslaughter, a Level 4 felony, if the use of the substance results in the death of the user. Increases the penalty to a Level 3, Level 2, or Level 1 felony based on the identity of the controlled substance and whether an enhancing circumstance applies.

SB370    PRODUCTION OF HEMP. (DORIOT B) Requires, within existing resources, the department of agriculture (department) to establish the industrial hemp products and development program. Requires the department to assign an employee to perform certain duties to promote the industrial hemp industry. Allows the department, if federal requirements are met, to broker agricultural hemp seed for sale to licensed growers. Removes the exclusion of industrial hemp commodities or products from the definition of "industrial hemp". Requires the state seed commissioner (commissioner) to have an employee who is responsible for assisting growers in obtaining agricultural hemp seed. Provides that a person may possess, transport, sell, distribute, or buy industrial hemp or industrial hemp products if certain laws are met. Requires the commissioner to assure a minimum aggregate number of acres for all approved licensed industrial hemp growers.

SB371    INDUSTRIAL HEMP COMMODITIES AND PRODUCTS. (DORIOT B) Specifies that the definition of "industrial hemp" includes the resins of the Cannabis sativa plant. Allows a person to sell topical and ingestible commodities and products that are derived from industrial hemp if certain conditions are met. Requires the commodities and products to be tested. Requires the state seed commissioner to maintain an Internet web site that lists the topical and ingestible commodities and products that comply with the testing, registration, and labeling requirements. Allows individuals with certain medical conditions that have been diagnosed by a physician to qualify to be on the cannabidiol registry. Specifies that the definitions of: (1) "controlled substance"; (2) "controlled substance analog"; (3) "hashish"; (4) "hash oil"; and (5) "marijuana"; do not include industrial hemp or certain commodities and products that are derived from industrial hemp, do not contain more than 0.3% of tetrahydrocannabinol, and meet the testing, registration, and labeling requirements.

SB398    OFFICE BASED OPIOID TREATMENT PROGRAMS. (HOUCHIN E) Establishes requirements for office based opioid treatment program providers in order to operate in Indiana. Requires the division of mental health and addiction (division) to: (1) oversee the office based opioid treatment programs; and (2) establish a central registry containing specified information concerning patients of office based opioid treatment programs. Allows a city, town, or county to adopt an ordinance or a township to adopt a resolution that: (1) establishes reporting requirements for office based opioid treatment programs that are more stringent or detailed than the statute; or (2) bans, after January 1, 2018, the establishment of an office based opioid treatment program.

SB431    IMMUNITY FOR REPORTS OF SUSPECTED ABUSE OR NEGLECT. (BROWN L) Provides immunity from civil and criminal liability for: (1) a person who assists with or participates; and (2) a health care provider who provides professional intervention; in an investigation by the department of child services resulting from a report that a child may be a victim of child abuse or neglect. Makes a conforming amendment.

SB432    BATTERY AGAINST A BAILIFF OR SPECIAL DEPUTY. (KOCH E) Adds a bailiff of any court and a special deputy to the definition of "public safety official" for purposes of the battery statute.

SCR14    ENCOURAGING PHYSICAL THERAPISTS IN INDIANA TO DO THEIR PART IN CREATING PUBLIC AWARENESS OF PHYSICAL THERAPY'S ROLE IN REDUCING THE OPIOID EPIDEMIC AND THE TREATMENT OF CHRONIC PAIN. (MERRITT J) A CONCURRENT RESOLUTION encouraging physical therapists practicing in the state of Indiana to do their part in creating public awareness of physical therapy's role in reducing the opioid epidemic and the treatment of chronic pain.

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