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Bill Watch, March 5, 2019: Current Criminal Law Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Mar 5, 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.

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.

HB1114    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.

HB1186    CRIMES INVOLVING SYNTHETIC DRUGS. (NEGELE S) 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.

HB1192    THEFT BY PUBLIC SERVANTS. (LAUER R) Requires that a public servant who commits theft of public funds having a value of at least $750 be sentenced to a mandatory term of imprisonment of at least 30 days as part of the sentence. Specifies that: (1) the mandatory term is not suspendible; and (2) the person does not earn good time credit while serving the mandatory term.

HB1299    ELECTRONIC CRIMINAL CASE MANAGEMENT SYSTEM. (ZENT D) Provides that the office of judicial administration (administration) shall develop and implement a standard protocol to electronically send or receive at least one time each week criminal case information between the administration's court case management system and the Indiana department of veterans' affairs (department) concerning individuals in the: (1) United States Department of Defense data base of individuals whose military service qualifies the individual for veterans benefits; and (2) national guard registries, in collaboration with the national guard; for use by county prosecutors and a veterans' court in helping to address the needs of veterans in the court system. Provides that the administration shall cross-reference the names obtained from the department with the names of individuals in the court case management system.

HB1333    NONCONSENSUAL PORNOGRAPHY. (SPEEDY M) 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.

HB1432    PARENTAL INCARCERATION. (MACER K) Provides that a parent who is incarcerated must be allowed to participate in person in child in need of services (CHINS) proceedings regarding the parent's child. Provides that a CHINS case plan must include a description and discussion of: (1) the services and treatment available to an incarcerated parent at the facility at which the parent is incarcerated; and (2) how the parent and child will be afforded visitation opportunities, unless visitation with the parent is not in the best interests of the child. Requires a CHINS dispositional decree to provide a reasonable opportunity for a parent of the child who: (1) is incarcerated; and (2) has maintained a meaningful role in the child's life; to maintain a relationship with the child, subject to the safety of the community and best interests of the child. Provides factors a court may consider in deciding whether an incarcerated parent is maintaining a meaningful role in a child's life. Provides for circumstances under which a petition to terminate the parent-child relationship between a child and an incarcerated parent of the child may be dismissed.

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.

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.

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.

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.

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.)

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.

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.

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.

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.

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.

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.

SB279    WAIVER TO ADULT COURT FOR ATTEMPTED MURDER. (HOUCHIN E) Provides that the juvenile court shall waive jurisdiction if it finds that: (1) the child is charged with an act that would be murder or attempted murder if committed by an adult; (2) there is probable cause to believe that the child has committed the act; and (3) the child was at least 12 years of age when the act charged was allegedly committed; unless it would be in the best interests of the child and of the safety and welfare of the community for the child to remain within the juvenile justice system. Prohibits a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult (serious delinquent) from possessing a firearm unless the person is at least: (1) 26 years of age, in the case of less serious acts; or (2) 28 years of age, in the case of more serious acts. Makes possession of a firearm by a serious delinquent a Class A misdemeanor, and increases the penalty to a Level 6 felony for a second or subsequent offense. Prohibits the expungement of the juvenile records of a serious delinquent unless the person is at least 26 or 28 years of age, depending on the seriousness of the underlying delinquent acts.

SB304    INTIMIDATION AGAINST UTILITY WORKERS. (KOCH E) Provides that a person who communicates a threat to another person with the intent of interfering with the provision of utility service or communications service for a dwelling, building, or other structure commits intimidation, a Class A misdemeanor. Provides that the offense is a Level 6 felony if the person to whom the threat is communicated is an employee or agent of: (1) a utility company; or (2) a communications service provider; and is engaged in the performance of the person's duties on behalf of the utility or the communications service provider. Defines the following terms for purposes of these provisions: (1) "Communications service". (2) "Communications service provider". (3) "Utility company". (4) "Utility service".

SB319    SENTENCING AFTER PROBATION REVOCATION. (HEAD R) Permits a person convicted of a Level 6 felony to be committed to the department of correction (DOC) if: (1) the person's probation, parole, or community corrections is revoked due to commission of a new criminal offense; (2) the person has been charged with the new criminal offense; and (3) commitment to the DOC is due to the revocation.

SB336    MISDEMEANOR PENALTIES. (YOUNG M) Makes numerous misdemeanors civil infractions. Repeals the crimes of vending machine vandalism and refusing to yield a party line. Increases the penalty for obstructing a medical person from a Class B misdemeanor to a Class A misdemeanor. Makes conforming provisions and repeals obsolete provisions.

SB486    CRIMINAL LAW ISSUES. (YOUNG M) Specifies, for purposes of operating while intoxicated, a minimum amount of delta- 9- tetrahydrocannabinol (THC) and the manner in which a chemical test for THC must be conducted. Requires the state department of toxicology to adopt rules relating to the administration of a chemical test for THC. Permits a prosecuting attorney to file for revocation of a community corrections placement. Removes a provision making the violation of a home detention order the crime of escape. Makes maintaining a common nuisance a Class A misdemeanor unless: (1) the person has a prior conviction; or (2) the common nuisance is used for cocaine, methamphetamine, or a schedule I or II narcotic drug. Allows a probationary period of up to two years for a misdemeanor conviction. Allows certain individuals who commit an offense in a penal facility to be sentenced to the department of correction. Provides that the exception allowing a person to possess a firearm on school property does not apply if the person commits an offense on school property. Increases the penalty for domestic battery if the defendant has a prior conviction for strangulation, and increases the penalty for strangulation if the person has a prior strangulation conviction.

SB488    PUBLIC DEFENDERS. (YOUNG M) Authorizes the Indiana public defender commission to create guidelines and requirements pertaining to a multicounty public defender's office. Authorizes a county executive to adopt an ordinance that allows the county to enter into an interlocal agreement with one or more counties for the purpose of: (1) creating a multicounty public defender's office; and (2) providing legal services to indigent persons located in the areas subject to the interlocal agreement. Requires interlocal agreements concerning indigent criminal defense to be administered by a joint board. Prohibits certain persons from acting as a member of a joint board. Specifies: (1) term limits; and (2) meeting requirements; for joint boards. Requires the auditor of one county belonging to an interlocal agreement to: (1) receive; (2) disburse; and (3) account for; all monies distributed to a multicounty public defender's office. Amends certain definitions. Makes conforming amendments.

SB596    JUVENILE COURT VOLUNTARY PREVENTATIVE PROGRAMS. (SPARTZ V) Provides that the Indiana supreme court may establish a two-year pilot program to assist juvenile court judges in five Indiana counties in providing voluntary preventative programs for at-risk children. Requires nonjudicial state agencies to assist the Indiana supreme court in the implementation of the pilot program. Requires the supreme court office of judicial administration to report to the legislative council specified information regarding the pilot program.

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