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IN SB0028
Bill
Status
1/16/2019
Primary Sponsor
Mike Bohacek
Click for details
AI Summary
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Prior convictions for dealing or manufacturing substances represented to be controlled substances now qualify as "enhancing circumstances" under Indiana criminal law, allowing for increased penalties on subsequent offenses
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Penalties for dealing or manufacturing fake controlled substances are elevated to match the felony level of the actual controlled substance being imitated, based on the amount and any enhancing circumstances present
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Misdemeanor prosecutions for synthetic drugs and synthetic lookalike substances are no longer eligible for conditional discharge (a program allowing charges to be dismissed if conditions are met)
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Effective date: July 1, 2019
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Committee vote: Passed Senate Committee on Corrections and Criminal Law 9-0
Legislative Description
Crimes involving synthetic drugs. 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.
Last Action
Committee report: do pass, adopted
3/21/2019