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IN HB1573
Bill
Status
1/17/2019
Primary Sponsor
Mara Reardon
Click for details
AI Summary
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Expands grounds for expulsion from the Indiana General Assembly to include sexual misconduct, sex crimes under IC 35-42-4, and conduct inconsistent with high ethical standards of the legislature.
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Creates a 12-member Officeholder Oversight Commission with authority to remove statewide elected officials (specifically the Attorney General and State Superintendent of Public Instruction) for sexual misconduct, sex crimes, or unethical conduct; removal requires 8 of 12 commission votes.
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Establishes "lewd touching" as a new Class A misdemeanor, defined as knowingly or intentionally rubbing or fondling another person's genitals, buttocks, pubic area, or female breast without consent.
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Elevates lewd touching to a Level 6 felony when committed using deadly force or weapons, facilitated by drugs/controlled substances given without victim's knowledge, committed by an officeholder, or committed by someone with a prior conviction for the offense.
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Requires the governor to appoint a replacement of the same political party if an officeholder is removed by the commission; complaints may be filed confidentially with the Inspector General who chairs the commission.
Legislative Description
Removal of elected officials. Provides that disorderly behavior, which can be the basis of expulsion from the general assembly, includes sexual misconduct, committing certain sex crimes, and engaging in conduct that is inconsistent with the high ethical standards of the general assembly. Creates the officeholder oversight commission, which may remove certain statewide officeholders from office for engaging in sexual misconduct, committing certain sex crimes, or engaging in conduct inconsistent with the high ethical standards of their office. Provides that a person who, without the consent of the other person, knowingly or intentionally rubs or fondles another person's covered or uncovered genitals, buttocks, pubic area, or female breast, commits lewd touching, a Class A misdemeanor. Enhances the penalty for lewd touching if: (1) it is committed by using or threatening the use of deadly force; (2) it is committed while armed with a deadly weapon; (3) the commission of the offenses is facilitated with a drug or controlled substance; (4) it is committed by an officeholder; or (5) it is committed by an individual who has a previous unrelated conviction for the offense.
Last Action
First reading: referred to Committee on Government and Regulatory Reform
1/17/2019