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Bill Watch, Feb. 27, 2018: Current Criminal Law Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Feb 27, 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    BROADENING CRIMINAL JUSTICE TREATMENT OPTIONS. (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    EXPANDING MENTAL HEALTH ACCESS. (KIRCHHOFER C) Requires the office of Medicaid policy and planning to implement a centralized credentials verification organization and credentialing process. 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. 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.) Provides for temporary permits to certain individuals who are pursuing required clinical supervisory hours needed for licensure. Provides that the temporary permits are not renewable. Requires certain policies of accident and sickness insurance to provide coverage for substance abuse or chemical dependency treatment provided by an addiction counselor. Requires: (1) an accident and sickness insurer; and (2) 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. Urges the legislative council to assign to an appropriate interim study committee the task of studying the impact that opioid treatment programs have on the neighborhoods and communities in the immediate area of the opioid treatment programs.

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.

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.

HB1173    TRIAL RECORDS. (PRESSEL J) Permits a victim (or the spouse 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, spouse, or immediate family member in obtaining the transcript.

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.

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.

HB1250    CRIMES OF VIOLENCE. (NEGELE S) Adds the following offenses to the statutory definition of "crime of violence": (1) Battery as a Level 2 felony. (2) Battery as a Level 3 felony. (3) Battery as a Level 4 felony. (4) Battery as a Level 5 felony. Makes conforming amendments.

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.

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.

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.

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.

SB64    SENTENCE MODIFICATION. (YOUNG M) Requires a court to advise a defendant, before accepting a guilty plea, that the court will be bound by terms of a plea agreement both at the time of sentencing and with respect to sentence modification. 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. Provides that the prohibition against including a waiver of the right to sentence modification in a plea agreement does not prohibit finding that a person has waived the right to have a court modify a sentence in a manner contrary to the plea agreement.

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.

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.

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.

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: (1) lawfully performed abortion; or (2) pregnant woman with respect to a fetus carried by the woman. Provides, with certain exceptions, that a person who commits a felony that causes the termination of a pregnancy may receive an additional sentence of six to 20 years.

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.

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.

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.

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.

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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