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Bill Watch, Jan. 8, 2019: Current Criminal Law Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Jan 8, 2019

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 mindy.westrick@faegrebd.com.

Click here to view the full Bill Watch reports.

HB1020    HATE CRIMES. (COOK A) Makes it an aggravating circumstance (for purposes of imposing a criminal sentence) that the crime was committed with the intent to harm or intimidate an individual or a group of individuals because of certain perceived or actual characteristics of the individual or group of individuals. Requires law enforcement agencies to report hate crimes to the Federal Bureau of Investigation. Requires the law enforcement training board to adopt, not later than January 1, 2020, minimum standards for training of law enforcement officers regarding: (1) identifying hate crimes; (2) responding to hate crimes; and (3) reporting hate crimes.

HB1031    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.

HB1035    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.

HB1038    STUDY OF HUMAN TRAFFICKING. (BARTLETT J) Urges the legislative council to assign the task of studying human trafficking to an appropriate study committee.

HB1040    FIREARM STORAGE REQUIREMENTS. (BARTLETT J) Prohibits a person from keeping or storing a firearm on any premises controlled by the person if one or more of the following conditions apply: (1) The person knows, or reasonably should know, that a child is likely to gain access to the firearm. (2) A permanent resident or temporary occupant of the premises is disqualified, ineligible, or prohibited from possessing a firearm under federal or state law. (3) A permanent resident or temporary occupant of the premises poses a risk of imminent personal injury to the permanent resident or temporary occupant or any other individual. Provides that a failure to secure a firearm that results in injury to, or the death of, another person is a Level 6 felony. Enhances the offense to a Level 5 felony if the person has a prior, unrelated conviction for the offense. Specifies certain defenses. Defines certain terms. Makes conforming amendments.

HB1049    SURRENDER OF FIREARMS FOR DOMESTIC VIOLENCE CRIMES. (JACKSON C) Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.

HB1050    RACIAL PROFILING AND PRETEXTUAL STOPS. (PRYOR C) Prohibits a law enforcement agency or a law enforcement officer from engaging in racial profiling or conducting pretextual stops. Requires a law enforcement agency to adopt a detailed policy that defines the elements of racial profiling and pretextual stops, and requires a law enforcement agency to collect certain data relating to stops made by law enforcement officers. Requires cultural diversity awareness training and training on unlawful racial profiling and pretextual stops for law enforcement officers. Specifies that a law enforcement agency shall transmit to the attorney general information concerning racial profiling complaints, investigations, and any action taken, as well as data collected relating to stops made by the law enforcement agency. Requires the attorney general to: (1) submit an annual report to the legislative council based on the information; (2) submit the data to a third party for statistical analysis; and (3) publish the results of the analysis on the attorney general's Internet web site. Establishes the racial profiling review commission to review complaints of unlawful racial profiling and unlawful pretextual stops. Permits a person to bring a civil action based on unlawful racial profiling and unlawful pretextual stops. Permits a law enforcement agency to use certain federal funds to purchase vehicle cameras and body cameras, and establishes training standards and standards for use. Makes a technical correction.

HB1057    VANDERBURGH COUNTY MAGISTRATES. (MCNAMARA W) Allows the judge of the Vanderburgh circuit court to appoint an additional magistrate to serve the Vanderburgh circuit court. Allows the judges of the Vanderburgh superior court to jointly appoint an additional magistrate to serve the Vanderburgh superior court.

HB1075    CHILD VICTIM OF HUMAN OR SEXUAL TRAFFICKING. (ENGLEMAN K) Eliminates the requirement that the child admit or deny being a victim of human or sexual trafficking during an initial hearing on a child in need of services petition.

HB1078    COMMITMENT OF LEVEL 6 OFFENDERS TO DOC. (STEUERWALD G) Provides that a court may commit a person convicted of a Level 6 felony to the department of correction (DOC) if the person: (1) is a violent offender; or (2) has two prior unrelated felony convictions.

HB1080    COMMUNITY CORRECTIONS AND CREDIT TIME. (STEUERWALD G) Provides that a person who is placed in a community corrections program may be deprived of earned good time credit due to a violation of a term of the person's community corrections sentence as provided under protocols adopted by the department of correction and approved by the commissioner of correction. Makes a technical correction.

HB1093    BIAS CRIMES. (STEUERWALD G) Makes it an aggravating circumstance (for purposes of imposing a criminal sentence) that a crime was committed with bias and with the intent to harm or intimidate: (1) an individual; (2) a group of individuals; (3) the property of an individual; or (4) the property of a group of individuals; because of the individual's or the group's real or perceived characteristic, trait, belief, practice, association, or other attribute the court chooses to consider.

SB11    NEEDLE EXCHANGE PROGRAM PARTICIPATION. (BOHACEK M) Requires a qualified entity to establish and maintain a syringe exchange program registry. Provides a defense to prosecution of certain offenses related to controlled substances if: (1) a person is currently registered under a syringe exchange program; (2) the person obtained the hypodermic syringe or needle under a syringe exchange program; and (3) there is no more than a residual amount of a controlled substance located in the hypodermic syringe or needle.

SB12    BIAS MOTIVATED CRIMES. (BOHACEK M) Makes it an aggravating circumstance (for purposes of imposing a criminal sentence) that a crime was committed with the intent to harm or intimidate an individual or a group of individuals because of certain perceived or actual characteristics of the individual or group of individuals. Requires law enforcement agencies to report bias motivated crimes to the Federal Bureau of Investigation.

SB18    PENALTIES FOR HUMAN TRAFFICKING OFFENSES. (MERRITT J) Increases by one felony level the penalty for: (1) promotion of human labor trafficking; (2) promotion of human sexual trafficking; (3) promotion of child sexual trafficking; (4) promotion of sexual trafficking of a younger child; and (5) human trafficking.

SB19    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.

SB20    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.

SB23    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.

SB24    OWI AND PUBLIC SAFETY OFFICIALS. (MERRITT J) Makes operating while intoxicated a Level 6 felony if the operator causes bodily injury to a public safety official or property damage to an authorized emergency vehicle.

SB28    CRIMES INVOLVING SYNTHETIC DRUGS. (BOHACEK M) Specifies that an "enhancing circumstance", for purposes of criminal law, includes a prior conviction for dealing or manufacturing a substance represented to be a controlled substance. 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. Makes the penalty for dealing or manufacturing a substance represented to be a controlled substance a felony of the same level as dealing or manufacturing the controlled substance that the substance is imitating.

SB29    SCHOOL MATERIALS FOR JUVENILE DETAINEES. (BOHACEK M) Provides that, if a child is or will be detained in a juvenile detention facility (facility) for more than seven calendar days and the facility is located in the same county as the school corporation that the child: (1) attended before the child was detained; (2) will attend upon release from the facility; or (3) both attended before the child was detained and will attend upon release; the school corporation must, upon the facility's request, provide to the facility the school materials for the grade level or courses that the child is or would be enrolled in if the child were not detained. Requires the school corporation, upon the facility's request, to deliver the school materials at least once every seven calendar days, excluding school holidays and school vacation periods. Provides that, except for the assessment of rental fees for curricular materials, the school corporation is responsible for the costs associated with preparing and delivering the school materials. Provides that the school corporation is not required to provide the school materials if the: (1) child is released from the facility; or (2) facility requests that the school corporation no longer provide the school materials.

SB35    IMMUNITY UNDER THE LIFELINE LAW. (MERRITT J) Extends immunity under the lifeline law to the individual on whose behalf emergency medical assistance was requested. Repeals an obsolete provision.

SB36    ELDER ABUSE REGISTRY. (HEAD R) Defines "crime of elder or adult abuse" and requires the office of judicial administration to establish an electronic elder and adult abuse registry containing information relating to persons convicted of a crime of elder or adult abuse.

SB78    PUBLIC ORDER OFFENSE ENHANCEMENT. (SANDLIN J) Allows the court to sentence a person to an additional fixed term of imprisonment between six months and 2 1/2 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.

SB81    LEWD TOUCHING. (BOHACEK M) Provides that a person who, without the consent of the other person, rubs or fondles another person's covered or uncovered genitals, buttocks, pubic area, or female breast commits lewd touching, a Class A misdemeanor.

SB89    SAFE DISTANCE FOR OVERTAKING BICYCLES. (SANDLIN J) Requires the driver of a vehicle, when passing a bicycle that is proceeding in the same direction as the vehicle, to maintain a safe distance of at least three feet between the vehicle and the bicycle. (A violation of this requirement is a Class C infraction under IC 9-21-8-49.)

SB90    IMMUNITY UNDER THE LIFELINE LAW. (MERRITT J) Specifies that a law enforcement officer may not arrest a person for an offense involving possession of paraphernalia, a syringe, or a controlled substance if the officer's contact with the person was due to the reporting of a medical emergency and certain other conditions are met.

SB97    FORFEITURE. (BOOTS P) Establishes a new procedure for civil forfeiture, and treats seized property in which a person asserts an ownership interest differently from seized property that is abandoned or unclaimed. Permits seized property that is not abandoned or unclaimed to be forfeited to the state only if the person who owned or used the property has been convicted of a criminal offense. Establishes procedures by which a property owner may regain custody of seized property pending a final determination of the forfeiture action. Specifies which law enforcement costs are recoverable in a forfeiture action. Repeals a provision permitting the state to turn over seized property to the federal government. Makes conforming amendments and repeals an obsolete section.

SB110    DRUG DEALING. (KOCH E) Adds an item to the existing list of enhancing circumstances for offenses relating to controlled substances. Provides that an enhancing circumstance means that the person committed the offense in, on, or within 500 feet of a facility: (1) created and funded under IC 12-23-14 or IC 33-23-16; (2) certified under IC 12-23-1-6; or (3) used for the purpose of conducting a recovery or support group meeting; at which a drug abuser may be provided with treatment, care, or rehabilitation.

SB119    PROHIBITED FIREARM TRANSFERS TO MINORS. (TOMES J) Provides that a person may not sell, give, or in any other manner transfer ownership or possession of a machine gun to any person under 18 years of age. Provides that a person who knowingly or intentionally sells, provides, or in any other manner transfers ownership or possession of a machine gun to a person under 18 years of age commits a: (1) Level 5 felony; (2) Level 4 felony if the person has a prior conviction for the offense; or (3) Level 3 felony if a person under 18 years of age uses the machine gun to commit murder. Defines certain terms. Makes conforming amendments.

SB123    ACCESS TO EXPUNGED RECORDS. (TAYLOR G) Provides that law enforcement officers lacking a court order may access expunged information or records only when acting in an: (1) enforcement; or (2) investigative; capacity.

SB124    EMPLOYERS AND EXPUNGEMENT. (TAYLOR G) Specifies that the prohibition against questioning a person applying for: (1) employment; (2) a license; or (3) another right or privilege; concerning an expunged arrest or conviction also applies during an interview. Provides that a person who unlawfully questions an applicant about an expunged criminal record commits a Class C infraction, and increases the penalty to a Class B infraction for a subsequent violation. Limits the number of violations that may be charged to: (1) one violation against a person without a prior adjudication; and (2) not more than one violation per month against a person with one or more prior adjudications; regardless of the number of individual violations the person may have committed.

SB125    OPEN CARRY OF RIFLES. (TAYLOR G) Defines "prohibited weapon" as a semiautomatic, centerfire rifle with an internal magazine or the capability to accept a detachable magazine and at least one of the following characteristics: (1) A pistol grip that protrudes beneath the action of the weapon. (2) A thumb hole stock. (3) A folding or telescoping stock. (4) A mount or lug capable of accepting or affixing a bayonet, flare launcher, or grenade launcher. (5) A flash suppressor. (6) A forward pistol grip. Defines "openly carries" as the carrying of a firearm in a manner that displays or presents any part of a firearm to the plain view of passersby from more than one angle. Provides that a person who: (1) knowingly; or (2) intentionally; openly carries a prohibited weapon in a public place commits carrying a prohibited firearm, a Class A misdemeanor. Specifies certain exceptions. Defines certain terms.

SB126    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.

SB134    STORAGE OF FIREARMS AT PUBLIC VENUES. (SANDLIN J) Requires certain facilities owned or operated by a political subdivision to provide a secure storage location for handguns owned by visitors. Permits a handgun permit holder to carry a handgun on the property of certain facilities for the purpose of safely and securely storing the handgun. Provides that a law enforcement officer or an off duty law enforcement officer may carry or possess a handgun on the grounds or premises of certain buildings, facilities, structures, or venues without restriction. Creates certain exceptions. Provides that any: (1) administrative rule; (2) contractual term; (3) ordinance; (4) policy; (5) regulation; (6) rule; or (7) statute; that prevents or prohibits a person possessing a valid handgun permit or a law enforcement officer or off duty law enforcement officer from carrying or possessing a handgun on the grounds or premises of certain buildings, facilities, structures, or venues is void. Creates certain exceptions.

SB148    BATTERY ON A LICENSED ATHLETIC OFFICIAL. (RANDOLPH L) Increases the penalty for battery if it is committed against an individual licensed as a referee, an umpire, or an athletic official. Makes conforming technical corrections.

SB150    JURY SERVICE. (RANDOLPH L) Permits a nursing mother who is denied permission to defer jury service to request the trial judge to reconsider her request for deferral.

SB159    DEFENSES RELATING TO CONTROLLED SUBSTANCE OFFENSES. (MERRITT J) Provides a defense to prosecution of certain offenses relating to controlled substances if: (1) before a law enforcement officer performs a search of the person or the person's property, the person informs the law enforcement officer that the person is in possession of a hypodermic syringe or needle; and (2) there is no more than a residual amount of a controlled substance located in the hypodermic syringe or needle.

SB163    RECIDIVIST LOOK BACK PERIODS. (SANDLIN J) Provides that a person commits a Level 6 felony if the person: (1) has a prior conviction for operating while intoxicated that occurred within the previous seven years; or (2) has at least two prior unrelated convictions for operating while intoxicated. Provides that a person who causes serious bodily injury to another person when operating a vehicle while intoxicated commits a Level 5 felony if the person has a previous conviction for operating while intoxicated within the previous seven years. Provides that a person commits a Level 6 felony for theft if the person has a prior unrelated conviction for theft or conversion that occurred within the previous 10 years. (Current law provides that a person commits a Level 6 felony for theft if the person has a prior unrelated conviction for theft or conversion at any time.)

SB169    SERVICE ANIMALS. (LEISING J) Provides that a person who knowingly or intentionally: (1) misrepresents to another person or a business entity that operates a public place that the person is an individual with a disability or has a disability related need that requires the use of a service animal; or (2) fits an animal that is not a service animal with a harness, collar, tag, vest, or sign that would cause a reasonable person to believe the animal is a service animal; commits the offense of misrepresentation of an animal as a service animal.

SB173    EXPUNGEMENT OF ADDICTION RELATED CONVICTIONS. (CRIDER M) 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 have the person's addiction disorder related conviction expunged.

SB174    FERTILITY FRAUD. (SANDLIN J) Provides that a physician who treats a patient of that physician for infertility: (1) by using the physician's own spermatozoon or ovum, without the patient's consent; or (2) by using donated human reproductive material without the consent of the donor; commits fertility fraud, a Level 6 felony. Provides that a prosecution for criminal fertility fraud that would otherwise be barred by the statute of limitations may be brought not later than five years after the earliest of the date on which: (1) the state first discovers evidence sufficient to charge the offender with the offense through DNA analysis; (2) the state first becomes aware of the existence of a recording that provides evidence sufficient to charge the offender with the offense; or (3) a person confesses to the offense. Establishes a cause of action for civil fertility fraud and provides that a prevailing plaintiff may be awarded actual damages or liquidated damages of $10,000. Specifies that the statute of limitations for civil fertility fraud is 10 years from the eighteenth birthday of the child, or not later than five years after the earliest of the date on which: (1) the person first discovers evidence sufficient to bring an action against the defendant through DNA analysis; (2) the person first becomes aware of the existence of a recording that provides evidence sufficient to bring an action against the defendant; or (3) the defendant confesses to the offense.

SB175    OPERATING A VEHICLE WHILE INTOXICATED. (YOUNG M) Provides that a person who causes the death of another person when operating a vehicle with: (1) cocaine; (2) a narcotic drug listed in schedule I or II; or (3) methamphetamine; or its metabolite in the person's body commits a Level 4 felony.

SB185    OPERATING A VEHICLE. (KOCH E) Requires a person to operate a vehicle: (1) in a careful and prudent manner; (2) using due regard for the given weather conditions, road conditions, and traffic conditions; and (3) in such a way as to maintain proper control of the vehicle. Provides that a person who operates a vehicle in a reckless and careless manner commits a Class C infraction.

SB186    TRAFFIC CRIMES. (KOCH E) Provides that an operator of a motor vehicle who: (1) operates a motor vehicle after the operator's driving privileges have been suspended or revoked; and (2) causes an accident that results in bodily injury or death to another person; commits a separate offense for each person injured or killed as a result of an accident caused by the operator. Provides that an operator of a motor vehicle who leaves the scene of an accident that: (1) was caused by the operator; and (2) involves moderate bodily injury or serious bodily injury to another person; commits a separate offense for each person injured by an accident caused by the operator. Provides that leaving the scene of an accident involving moderate bodily injury is a Level 6 felony. Increases the penalty for leaving the scene of an accident involving the death of another person from a Level 5 felony to a Level 4 felony. Provides that an operator of a motor vehicle who: (1) operates a motor vehicle while intoxicated; and (2) causes an accident that results in moderate bodily injury to another person; commits a Level 6 felony. Enhances the penalty for the offense to a Level 5 felony if the person has a previous conviction for the offense within the preceding five years. Provides that an operator of a motor vehicle who: (1) operates a motor vehicle while intoxicated; and (2) causes an accident that results in moderate bodily injury to another person; commits a separate offense for each person who suffers moderate bodily injury as a result of an accident caused by the operator. Increases the penalty for causing serious bodily injury when operating a motor vehicle while intoxicated from a Level 6 felony to a Level 5 felony. Enhances the penalty for the offense to a Level 4 felony if the person has a previous conviction for the offense within the preceding five years. Increases the penalty for causing the death of another person when operating a motor vehicle while intoxicated from a Level 5 felony to Level 4 felony in certain instances. Provides that an operator of a motor vehicle who: (1) is a habitual traffic violator; and (2) causes an accident that results in serious bodily injury to another person or the death of another person; commits a separate offense for each person injured or killed as a result of an accident caused by the operator. Allows multiple sentences for the offense to be served consecutively in certain instances. Provides that the operator of a motor vehicle who: (1) flees from a law enforcement officer; and (2) causes an accident resulting in bodily injury, serious bodily injury, or death of another person; commits a separate offense for each person injured or killed as a result of the operator's vehicular flight from police. Allows multiple sentences for the offense to be served consecutively in certain instances. Makes conforming amendments.

SB187    RESISTING LAW ENFORCEMENT. (BECKER V) 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.

SB198    CONTROLLED SUBSTANCES IN PENAL FACILITIES. (BOHACEK M) Makes committing a controlled substance offense on the property of a penal facility or juvenile facility an enhancing circumstance.

SB207    PROBATION. (YOUNG M) Provides that a court must require, as a condition of probation, that an offender against children not reside within 1,000 feet of a school, youth program center, or park.

SB208    ELECTRONIC FILING AND NOTICE. (YOUNG M) Allows a person to use electronic filing or service instead of mailing in certain cases if electronic filing or service is authorized by rules adopted by the supreme court.

SB213    POSSESSION OF MARIJUANA. (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.

SB218    WATERCRAFT ACCIDENTS. (MERRITT J) Provides that an operator of a boat who is involved in an accident or collision resulting in injury to or death of a person or damage to a boat or other property (operator) shall: (1) if it can be done without endangering a person, stop the boat immediately and as close as possible to the scene of the accident; and (2) if it can be done without endangering a person, return to the scene of the accident and remain there until the operator has complied with the statutory requirements concerning watercraft accidents. Specifies that the operator shall notify emergency services in addition to providing reasonable assistance to each person injured. Requires that an operator make a reasonable and good faith effort to assist a person injured in a collision. Provides, however, that an operator is not required to perform an act that would endanger a person.

SB219    STATUTE OF LIMITATIONS. (MERRITT J) Extends the statute of limitations for a civil cause of action against a person or entity whose negligent or intentional act or omission led to the sexual abuse of a child.

SB225    CONTROLLED SUBSTANCES IN A PENAL OR JUVENILE FACILITY. (CRIDER M) Increases the penalty for committing a controlled substance offense on the property of a penal facility or a juvenile facility.

SB235    EXPUNGEMENTS. (FREEMAN A) Permits the expungement of civil forfeiture records if a related arrest or conviction is expunged. Allows a person to expunge all records related to the person's expunged conviction. 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 records for a misdemeanor or Class D and Level 6 felony conviction including: (1) information related to 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 any matters related to the case ordered expunged. Provides that a person convicted of a felony that resulted in death to another person may not seek expungement of that felony. Establishes a method for a person to expunge a protection order.

SB237    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.)

SB240    TERRORISM AND EXTORTION. (FREEMAN A) Repeals and replaces in a new article the offense of: (1) possession, use, or manufacture of a weapon of mass destruction; (2) agricultural terrorism; (3) terroristic mischief; and (4) terroristic deception. Specifies that "terrorism" includes the unlawful threat or use of force to affect the conduct of a government. Makes providing material support to a terrorist a Level 5 felony, and increases the penalty to a Level 2 felony if the material support includes the commission of a felony or if the act of terrorism is reasonably likely to cause serious bodily injury to another person. Makes concealing or harboring a person who has committed a terrorist act a Level 6 felony, and increases the penalty to a Level 3 felony if the terrorist act resulted in serious bodily injury or death. Makes committing a criminal offense with the intent to benefit a terrorist organization or to increase the person's standing in a terrorist organization a Level 5 felony, and increases the penalty to a Level 3 felony if the offense involves the unlawful use of a firearm or a weapon of mass destruction. Provides that a person who commits an offense with the intent to assist another person in the commission of a felony terrorist offense is subject to an additional sentence enhancement equal to the sentence imposed for the underlying offense. Makes it extortion, a Class A misdemeanor, to threaten to expose any person to hatred, contempt, disgrace, or ridicule, or to falsely harm the credit or business reputation of any person, with the intent that the other person engage in conduct against the other person's will, and enhances the penalty under certain circumstances.

SB243    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 whom 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.

SB254    ORGANIZED RETAIL THEFT. (RUCKELSHAUS J) Makes theft a Level 6 felony if a person: (1) knowingly or intentionally exerts unauthorized control over property and the person uses the Internet to sell, deliver, or distribute the property; or (2) knowingly or intentionally exerts unauthorized control over retail property having a value of less than $750 and certain other conditions apply. Makes theft a Level 5 felony if: (1) the value of the retail property is at least $750 and less than $2,500 and certain other conditions apply; (2) the retail property is a firearm; (3) the retail property is exchanged for cash, a gift card, a merchandise card, or other item of value; or (4) the person has a prior unrelated conviction for theft or criminal conversion. Makes theft a Level 4 felony if the value of the retail property is at least $2,500 and certain other conditions apply. Provides that, in determining the value of the property, acts of theft committed in a single episode of criminal conduct may be charged in a single count. Provides that theft of retail property that occurs in more than one county over a six month period may be tried in any county where the theft occurred.

SB264    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.

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