Corrections & Criminal Law

Various criminal law matters.

Law enforcement civilian oversight boards.

Redaction of court records.

Shooting ranges.

Public safety.

Crimes of violence.

Sex crimes and child safety.

Bail procedures.

Victim impact statements.

Resisting law enforcement conflict resolution.

Ban on gratuities for public officials.

Constitutional amendment ballot language.

Battery against school and healthcare employees.

Unlawful proposition penalties.

Expungement.

Crimes relating to bodily fluids and bodily waste.

Key fob emulators.

Dating app aggravator.

Dangerous excessive speeding.

Driver instructions of law enforcement procedures.

Family access for youth in detention.

Firearm storage.

Local regulation of firearms in Marion County.

Unlawful possession of a firearm by a child.

Masks at public assemblies.

Public safety.

Criminal procedures.

Signal jamming.

Law enforcement procedures.

Crime of swatting.

Driving without a license.

Procedures for obtaining a warrant.

Transfer of high risk persons from county jail.

Probation transfers for sex or violent offenders.

Expungement.

DNA samples at time of arrest.

Expungement of red flag law records.

Electronic monitoring.

Indiana crime guns task force.

Unlawful encroachment.

Concurrent juvenile delinquency jurisdiction on military bases.

Public safety.

Law enforcement matters.

Operating a motor vehicle while intoxicated.

Sale of low THC products to persons less than 21.

Burglary and robbery of a gun retailer.

Public safety and noncitizen crimes.

Threatening leafleting.

Firearm buyback programs.

Masked intimidation.

Sexual assault victims' rights.

Firearm storage.

Sex offenses.

Grooming.

Employment upon release from prison.

Preventive detention and presumptive release.

E-liquids and tobacco.

Illegal immigrants and motor vehicle crimes.

Incarcerated women's maternal health fund.

Critical infrastructure.

Masks at public assemblies.

Community corrections programs.

Failure to assist in immigration enforcement.

Eyewitness identification procedures.

Expungement.

Driver instructions of law enforcement procedures.

Expungement of addiction related convictions.

Compassionate release.

Privately made firearms.

Security of property and meeting decorum.

State administration.

Criminal law issues.

Criminal justice data.

Damage to a penal facility.

Regulation of controlled substances.

Disposal of firearms via trade for new equipment.

Xylazine.

Compensation for victims of violent crime.

Trespass.

Public safety.

Right of certain persons to carry a handgun in the statehouse and state capitol complex.

Investigators employed by the attorney general.

Eyewitness identification procedures.

Juvenile facility visitation policies.

Compassionate release.

Abortion matters.

Possession of controlled substance paraphernalia.

Sex offender residency restrictions.

Child seduction.

Firearms matters.

Firearms.

ICJI victim services division.

Various criminal law matters.

Public safety matters.

Jurisdiction.

Sex offenses.

Machine guns.

Criminal mischief and criminal trespass.

Law enforcement recordings.

Restrictions on DOC provision of gender therapy.

Credit time.

Conviction data.

Parole.

Electronic monitoring standards.

Prosecuting attorneys.

Sentence modification.

Cigarette tax evasion.

Competency to stand trial.

Serious communicable diseases.

Home detention.

Intimidation against utility workers.

Delinquent acts.

Vulnerable road users.

Public defender reimbursement.

Machine guns; firearm safety guide.

Telephone services for incarcerated individuals.

Various firearms matters.

Prosecuting attorneys.

Expungement of addiction related convictions.

Credit time for pretrial home detention.

Firearms matters.

Vulnerable road users.

Grants for local law enforcement agencies.

Privately made firearms.

School bus stop arm violation enforcement.

Unlawful tracking of another individual.

Sex offender residency restrictions.

Penalties for acts of animal cruelty.

Reporting of lost or stolen firearms.

Bail.

Marion County crime reduction pilot.

Elements of rape.

Police log information.

Restraint of pregnant inmates; pregnancy from certain sex offenses.

Department of correction.

Racketeering and fraud.

Obstruction of justice.

Motor vehicle operation.

Marion County violent crime reduction pilot.

Department of correction matters.

Human trafficking.

Nonprofit bail funding.

Bail for violent arrestees.

Animal fighting paraphernalia.

Recreational use of throwing stars.

Juvenile law matters.

Warrants.

Protection of firefighter's residential address.

Parole.

False reporting.

Prohibition of firearms at polling places.

Indiana crime guns task force.

Juvenile justice.

Sentencing.

Criminal appeals.

Driving privileges.

Protection orders and domestic battery.

Theft and sale of catalytic converters and valuable metals.

Operating while intoxicated.

Human trafficking.

Local or regional justice reinvestment advisory councils.

High tech crimes unit program.

Criminal law issues.

Mental health treatment for inmates.

Rioting.

Noncompliant prosecuting attorney.

Obstruction of traffic.

Trespassing and aggressive harassment.

Elements of rape.

Law enforcement officer employment.

Special prosecutor to investigate deadly force.

No knock warrants.

Historic property criminal mischief.

Sharp paraphernalia.

Prohibited crowd control practices.

Human trafficking.

Prohibition on the use of chokeholds.

Storage of firearms.

Determination of competency to stand trial.

Credit time classes.

Possession of medical marijuana or paraphernalia.

Deposition of a person with a mental disability.

Juvenile delinquency matters.

Prohibition of firearms at polling places.

Human trafficking.

Jail overcrowding.

Community corrections and credit time.

Justice reinvestment advisory council.

Substance use prevention and recovery.

Criminal law issues.

Exploitation of dependents and endangered adults.

Drug scheduling.

Statute of limitations.

Criminal and juvenile law matters.

A CONCURRENT RESOLUTION urging the Indiana Senate and the Indiana House of Representatives to adopt the practice of recommitting all bills creating or amending a criminal penalty to the Senate Corrections and Criminal Law Committee or the House Courts and Criminal Code Committee after the bill has passed the committee to which the bill was originally assigned. (The introduced version of this resolution was prepared by the interim study committee on corrections and criminal code.)

Crime stoppers and restitution.

Traffic control.

Driver's license suspensions.

THC.

Authority of the attorney general to appoint a special prosecutor.

Review of criminal penalties during the interim.

Money bail.

Possession of medical marijuana or paraphernalia.

Marijuana and THC.

Smokable hemp.

E-liquid and electronic cigarette crimes.

Pretrial detention of juveniles.

Lookback periods.

Cruelty to a law enforcement animal.

Theft.

Immunity under the lifeline law.

Expungement and law enforcement employment.

Law enforcement and search and rescue animals.

Harassment and orders for protection. Defines "harassment" for purposes of civil orders for protection. Provides that a person who is a victim of harassment may file a petition for an order for protection against a person who commits harassment, and that a court may issue an order for protection against a person who commits harassment only after notice and a hearing. Provides that a court may impose certain terms and conditions upon a respondent when allowing a petitioner and respondent to occupy the same location. Specifies the powers of magistrates. Makes conforming changes.

Commitment of Level 6 offenders to DOC. Provides that a court may commit a person convicted of a Level 6 felony to the department of correction (DOC) if: (1) the person is a violent offender; or (2) the person has two prior unrelated felony convictions.

Opioid treatment pilot program. Extends the opioid treatment pilot program until 2022. (Under current law the pilot program will expire in 2020.)

Criminal matters. Provides that a person commits interfering with law enforcement, a Class B misdemeanor, if, after being denied entry by a law enforcement officer, the person enters an area that is marked off with barrier tape or other physical barriers. Provides a defense if the person enters the prohibited area due to a reasonable belief that certain family members were injured or were at risk of injury. Increases the penalty if the person uses a vehicle, draws or uses a deadly weapon, or causes injury or death to another person. Provides that resisting or interfering with law enforcement is enhanced to a Level 6 felony if the person uses a vehicle to commit the offense. (Under current law, the felony enhancement to resisting law enforcement applies only if the person flees from law enforcement using a vehicle.)

Nonconsensual pornography. Defines "intimate image" and provides that a person who: (1) knows that an individual does not consent to the distribution of an intimate image of the individual; and (2) distributes the intimate image on the Internet; commits internet distribution of an intimate image, a Class A misdemeanor. Increases the penalty to a Level 6 felony for a second or subsequent offense.

Traffic crimes. 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 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 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. Makes the penalty for leaving the scene of an accident involving the death or catastrophic injury of another person a Level 4 felony. 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. Makes the penalty for causing the death or catastrophic injury of another person when operating a motor vehicle while intoxicated a 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 the injury or 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, catastrophic 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. Defines "catastrophic injury" and increases the penalty for certain offenses involving catastrophic injuries. Specifies that "metabolites" refers to metabolites in a person's blood. Makes conforming amendments.

Animal cruelty. Amends and creates certain definitions for offenses relating to animals. Specifies that an animal control program, humane society, and governmental entity operating an animal shelter may only destroy an animal by means of humane euthanasia. Removes duplicative language and makes conforming amendments.

Drug classifications and drug schedules. Adds numerous substances to the definition of "synthetic drug". Adds epidiolex and brivaracetam to schedule V. Specifies that dronabinol is a schedule II controlled substance only in oral solution. Defines "fentanyl related substance" and adds it to schedule I. Moves certain fentanyl related substances from the definition of "synthetic drugs" in schedule II to schedule I. Adds Thiafentanil to schedule II. Makes conforming changes.

Forensic medicine. Establishes the office of forensic medical studies as a division of the state police department. Requires the state police department, in consultation with the Indiana State Coroner's Association, Indiana Sheriff's Association, and coroner's training board, to study the need for a state medical examiner, and provides that the department may employ a physician to assist with the study. Specifies the qualifications of a person who may perform an autopsy.

Crimes involving synthetic drugs. 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.

Terrorism. 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. Specifies that a person commits intimidation if: (1) the threatening communication places a person in fear that certain threats will be carried out; or (2) if the threatening communication is made to a person other than the person who is the subject of the threat. Enhances the penalty for intimidation if the threat relates to a person's occupation. Defines "police radio mobile application" as an application installed on a mobile device that allows a person to listen to the contents of traffic carried on police radio frequencies. Provides that a person who possesses or uses a police radio mobile application: (1) while committing a crime; (2) to further the commission of a crime; or (3) to avoid detection by a law enforcement agency; commits unlawful use of a police radio, a Class B misdemeanor.

Misdemeanor penalties. Makes numerous misdemeanors civil infractions for the first offense. 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.

Community corrections and credit time. Provides that the department of correction may adopt emergency rules concerning the deprivation of earned good time credit for a person who is placed in a community corrections program. Makes a technical correction.

Sentencing. Makes committing a controlled substance offense on the property of a penal facility or juvenile facility an enhancing circumstance. Makes it an aggravating circumstance that a crime was committed because of certain perceived or actual characteristics of the victim.

Air or gas operated weapons on school property. Provides that a person who knowingly or intentionally points an air or gas operated weapon designed to expel a projectile at another person while present on a: (1) school bus; or (2) property affiliated with, belonging to, or operated by: (A) an accredited nonpublic school; (B) a charter school; or (C) a school corporation; commits a Class B misdemeanor. Defines certain terms. Makes conforming amendments.

Nonconsensual pornography. Defines "intimate image" and makes it a Class A misdemeanor for a person to distribute an intimate image of an individual whom the person: (1) knows does not consent to the distribution of the intimate image; and (2) knowingly or intentionally distributes the intimate image with the intent to annoy, harm, harass, intimidate, threaten, or coerce; the other person. Increases the penalty to a Level 6 felony for a second or subsequent offense.

Criminal law issues. Specifies, for purposes of operating while intoxicated, 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 human trafficking, or for cocaine, methamphetamine, or a schedule I or II narcotic drug. Removes a provision making receipt of a report a prerequisite for imposing of a two year probationary period on a misdemeanant convicted of a crime relating to substance abuse. 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.

Theft. Provides that a person commits the offense of theft if the person knowingly or intentionally exerts unauthorized control over property and then uses the Internet to sell, deliver, or distribute the property to another person acting as an enterprise engaged in racketeering activity.

Criminal background check. Includes public libraries in the definition of "qualified entities" for purposes of criminal background checks. Requires qualified entities to conduct a background check under certain circumstances. Provides that a public library: (1) is not required to conduct a background check on employees or volunteers whose scope of work does not include contact with children; and (2) is required to perform a background check on a person who conducts a performance, presentation, or workshop for children less than 14 years of age. Specifies that a public library is not required to conduct a background check on an individual if the library or another library has conducted a background check within the previous year and certain other conditions are met.

Driver's license reinstatement fees. Requires the bureau of motor vehicles to administer an amnesty program to reduce reinstatement fees for suspended driving privileges, and establishes criteria for the program. Urges the legislative council to assign to the appropriate interim study committee the task of studying: (1) the prospective reduction of reinstatement fees; (2) the establishment of an insurance program to provide funding to insurance carriers to reduce the automobile insurance premium costs of individuals whose annual household income does not exceed 200% of the federal income poverty level; and (3) the topic of evaluating whether the amount of liability insurance (or other evidence of financial responsibility) required for operation of a motor vehicle is adequate and appropriate.

Sentencing after probation revocation. 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.

Operating a vehicle while intoxicated. 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 blood commits a Level 4 felony.

Recidivist look back periods. 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, two of which occurred in the previous 15 years. 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.)

Criminal law matters. Provides that the crime of escape does not include the intentional removal of an electronic monitoring device or GPS tracking device. Reduces the penalty for maintaining a common nuisance from a Level 6 felony to a Class A misdemeanor. Provides that to use a prior unrelated conviction in determining a sentence enhancement for a habitual offender or a repeat sex offender, there may not be more than seven years from the time the person was released from imprisonment, probation, or parole for the prior unrelated felony conviction and the time the person committed the current offense. Eliminates the provision that awards one day of good time credit for every four days of time served on pretrial home detention. Eliminates the provision that prohibits a person from being reassigned to a different credit time class while being monitored on pretrial home detention. Specifies that a person placed on home detention while awaiting trial is initially assigned to a credit class based on the most serious offense with which the person is charged.

Safe distance for overtaking bicycles. 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.)

Bail. Permits a defendant admitted to bail to select, from certain options, the manner in which the defendant will post bail. Makes conforming amendments.

Sale of low THC hemp extract products. Repeals laws concerning: (1) the distribution of low tetrahydrocannabinol (THC) hemp extract; and (2) low THC hemp extract sales. Provides that only a pharmacy or National Precursor Log Exchange (NPLEx) retailer may sell low THC hemp extract. Specifies that a person who is denied the sale of a nonprescription product containing low THC hemp extract is not prohibited from obtaining low THC hemp extract pursuant to a prescription. Provides that a pharmacist or pharmacy technician may determine that the purchaser has a relationship on record with the pharmacy, in compliance with rules adopted by the board. Allows a pharmacist to deny the sale of low THC hemp extract on the basis of the pharmacist's professional judgment, and provides the pharmacist with civil immunity for making such a denial. Provides that a purchaser who has a relationship on record with the pharmacy may purchase low THC hemp extract. Allows the pharmacist to provide certain low THC hemp extract products to a purchaser who does not have a relationship on record with the pharmacy or for whom the pharmacist has made a professional judgment that there is not a medical or pharmaceutical need. Requires the Indiana scheduled prescription electronic collection and tracking (INSPECT) program to track low THC hemp extract dispensed pursuant to a prescription. Makes conforming changes.

Stored value card fraud. Defines the term "stored value card". Provides that a person who, with intent to defraud, obtains property by using a stored value card, knowing that the stored value card: (1) was unlawfully obtained or retained; or (2) is forged, revoked, or expired; commits a Level 6 felony. Makes conforming amendments.

Indiana public defender commission. Increases the membership of the Indiana public defender commission from 11 members to 15 members. Provides that commission membership includes the following: (1) One member appointed by the board of directors of the public defender council of Indiana, who is an attorney admitted to the practice of law in Indiana. (2) One member appointed by the dean of a state funded Indiana law school. (3) Two members appointed by the Indiana State Bar Association, who: (A) are admitted to the practice of law in Indiana; (B) each have at least five years of criminal defense experience; and (C) belong to different political parties.

Death sentence elimination and life imprisonment. Abolishes the death penalty. Repeals the law concerning the imposition and execution of death sentences and makes conforming amendments. Specifies that if a person was sentenced to death and is awaiting execution of the death sentence, the person's death sentence is commuted to a sentence of life imprisonment without parole. Provides that when a defendant is charged with a murder for which the state seeks a sentence of life imprisonment without parole, the defendant may file a petition alleging that the defendant is an individual with an intellectual disability. Provides that if a defendant who is determined to be an individual with an intellectual disability is convicted of murder, the court may sentence the defendant only to a fixed term of imprisonment. Makes technical corrections.

School bus safety. Provides that a person who operates a vehicle and recklessly passes a school bus stopped to load or unload a student when the arm signal device is extended commits a Class B misdemeanor. Provides that a person who operates a vehicle and recklessly passes a school bus stopped to load or unload a student when the arm signal device is extended and causes bodily injury commits a Class A misdemeanor. Provides that a person who meets or overtakes from any direction a school bus stopped to load or unload a student when the arm signal device is extended commits a Class A infraction. Provides that a court may suspend the driving privileges of a person who meets or overtakes from any direction a school bus stopped to load or unload a student when the arm signal device is extended.

Lifeline law. Provides immunity from arrest, prosecution, probation or parole revocation, and civil forfeiture for an offense involving: (1) delivering alcohol to a minor or providing a place for a minor to consume alcohol; (2) possession of paraphernalia; (3) possession of a syringe; (4) possession of a controlled substance; or (5) delivery of a controlled substance for no compensation; if the law enforcement contact with the person was due to the reporting of a medical emergency or relates to the person being the victim of a sex crime, or to the reporting of a crime, and certain other conditions are met. Specifies that the arrest and criminal immunity provisions of the lifeline law also apply to the person requiring medical attention. Specifies that a person to whom the lifeline law currently applies is also immune to: (1) civil forfeiture; and (2) probation and parole revocation. Repeals an obsolete provision.

Operating a vehicle. 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.

Suspension of a sentence for a felony. 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.)

Employers and expungement. 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.

OWI and public safety officials. 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.

Defenses relating to controlled substance offenses. 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.

Cruelty to a law enforcement animal. Increases the penalties for cruelty to a law enforcement animal.

Forfeiture. 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.

Service animals. 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.

Immunity under the lifeline law. 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.

Crimes against public safety officials. 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.

Organized retail theft. 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.

Needle exchange program participation. 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.

Public order offense enhancement. 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.

Crimes resulting in the loss of a fetus. 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.

Low THC hemp extract. Provides that the Indiana department of state revenue (department) shall revoke a registered retail merchant's certificate if the department finds that the person has been convicted of dealing in marijuana based on the sale of fraudulently labeled low THC hemp extract. Repeals all provisions concerning the cannabidiol registry and a "substance containing cannabidiol" (all added by HEA 1148-2017). Defines "low THC hemp extract" as a product: (1) derived from Cannabis sativa L. that meets the definition of industrial hemp; (2) that contains not more than 0.3% delta-9-THC (including precursors); and (3) that contains no other controlled

Sex offenders. Provides that, unless a court has granted a waiver, a sex offender who establishes a residence: (1) with the intent to reside at the residence; (2) within a one mile radius of the residence of the victim of the offender's sex offense; and (3) knowing the location of the victim's residence; commits invasion of privacy. Prohibits a sex offender from attending a house of worship located on school property while classes, extracurricular activities, or other school activities are being held.

Battery offenses. 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. Adds a bailiff of any court and a special deputy to the definition of "public safety official" for purposes of the battery statute. Makes conforming amendments.

Operating while intoxicated. Removes the minimum age requirement for a person to be convicted of operating a vehicle while intoxicated causing death, and specifies that the defense to certain operating while intoxicated offenses involving the use of a controlled substance only applies if the defendant consumed the controlled substance in accordance with a valid prescription.

Sentence modification. 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

Suspected human trafficking. Removes the requirement that a licensed health practitioner report that an adult patient is a suspected victim of human trafficking to a local law enforcement agency. Requires a licensed health practitioner to provide information concerning available resources and services to a patient who is a suspected victim of human trafficking.

Pretrial diversion. Provides that the initial user fee amount for a diversion agreement involving a misdemeanor is $50. Provides that the initial user fee amount for a diversion agreement involving a felony is $75. Allows a court to impose on a person an additional program fee or cost that is reasonably related to the person's rehabilitation. Prohibits a monthly user fee from being collected beyond the maximum length of a possible sentence. Makes conforming amendments.

Recreation fund expenditures. Provides that expenditures for contraband detection equipment are permissible expenditures of money in a patients' recreation fund, students' recreation fund, or inmates' recreation fund maintained by a psychiatric, benevolent, penal, or correctional institution.

A SENATE RESOLUTION urging the legislative council to assign to the appropriate study committee the topic of a comprehensive review of school safety issues with the goal to do whatever is necessary to protect Hoosier children in our schools.

Criminal law matters. 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

Crimes involving synthetic drugs. 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.

Misleading or inaccurate caller identification. Provides that the attorney general can collect attorney fees and costs in a civil action for a violation of the law prohibiting misleading or inaccurate caller identification. Makes technical changes to the deceptive consumer sales act (act) to: (1) include in the list of acts constituting deceptive acts for purposes of the act, a reference to a violation of the statute concerning misleading or inaccurate caller identification information; and (2) include a reference to the Indiana Code provision that specifies the civil penalty that the attorney general may recover for a knowing or intentional violation

Marijuana and controlled substances. Excludes from the definitions of: (1) "controlled substance"; (2) "controlled substance analog"; and (3) "marijuana"; certain substances containing less than 0.5% tetrahydrocannabinol. Specifies that "tetrahydrocannabinol", for purposes of inclusion in schedule I, does not include a compound containing less than 0.5% tetrahydrocannabinol. Removes certain references to hashish and hash oil. Makes conforming amendments.

Sentencing enhancement for injury to others. Makes a technical correction.

Nonconsensual pornography. Defines "intimate image" and makes it a Class A misdemeanor for a person to distribute or display an intimate image of an individual who 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.

Bias motivated crimes. 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 because of certain perceived or actual characteristics of the individual. Requires law enforcement agencies to report bias motivated crimes to the Federal Bureau of Investigation.

CBD oil. Defines "CBD oil" as a product that contains: (1) not more than 0.3% THC; (2) at least 5% cannabidiol; and (3) no other controlled substances. Legalizes CBD oil. Repeals superseded provisions relating to cannabidiol registration.

INSPECT program report. Requires the Indiana professional licensing agency to prepare an annual report concerning INSPECT information, submit the report to the general assembly, and post the report on the agency's Internet web site.

Public order offense enhancement. Allows the court to sentence a person to an additional fixed term of imprisonment between six months and two and one-half 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.

Involuntary manslaughter and drug dealing. Makes manufacturing or delivering certain controlled substances involuntary manslaughter, a Level 4 felony, if the use of the substance results in the death of the user. Increases the penalty to a Level 3, Level 2, or Level 1 felony based on the identity of the controlled substance and whether an enhancing circumstance applies.

Sentencing. 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

Industrial hemp commodities and products. Specifies that the definition of "industrial hemp" includes the resins of the Cannabis sativa plant. Allows a person to sell topical and ingestible commodities and products that are derived from industrial hemp if certain conditions are met. Requires the commodities and products to be tested. Requires the state seed commissioner to maintain an Internet web site that lists the topical and ingestible commodities and products that comply with the testing, registration, and labeling requirements. Allows individuals with certain medical conditions that have been diagnosed by a physician to qualify to be on the cannabidiol registry.

Cannabidiol (CBD) and marijuana. Excludes certain substances with a tetrahydrocannabinol (THC) concentration of not more than 0.3% from the definition of marijuana. Authorizes the alcohol and tobacco commission to adopt rules concerning: (1) the testing of the THC concentration in certain substances; (2) the approval of a laboratory to conduct THC testing; and (3) the certification of THC test results.

Prohibition on operating a drone while impaired. Provides that a person who operates an unmanned aerial vehicle while intoxicated commits the crime of operating an unmanned aerial vehicle while intoxicated, a Class B misdemeanor.

Aiding in the escape of an inmate. Adds cellular telephone components to the existing list of prohibited items for which trafficking with an inmate is a Level 5 felony. Creates the crime of aiding in the escape of an inmate. Adds carrying a deadly weapon into a correctional facility and aiding in the escape of an inmate to: (1) the list of offenses that make the offender ineligible for a forensic diversion program; (2) the list of offenses for which a juvenile's arrest or custodial detention by a law enforcement agency must be reported by the law enforcement agency to

Deception. Provides that a person commits deception if the person, with intent to defraud, misrepresents the relationship of the person to another person.

Age of consent. 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.

Voluntary manslaughter with a deadly weapon. Increases the penalty for voluntary manslaughter from a Level 2 felony to a Level 1 felony if the offense is committed by means of a deadly weapon.

Statute of limitations for child sex offenses. Expands the list of offenses that may be prosecuted before a victim reaches 31 years of age to include all offenses of child molesting, vicarious sexual gratification, child solicitation, child seduction, sexual misconduct with a minor, and incest.

Making an unlawful proposition. Increases the penalty for making an unlawful proposition from a Class A misdemeanor to a Level 6 felony if the person to whom the offer or payment is made is less than 18 years of age. Makes it a Level 5 felony if a person who commits the offense of making an unlawful proposition knows that the other person is less than 18 years of age.

Sanctuary policies and postsecondary educational institutions. Prohibits a postsecondary educational institution from enacting or implementing an ordinance, a resolution, a rule, or a policy that prohibits or in any way restricts an employee of the postsecondary educational institution from taking certain actions with regard to information of the citizenship or immigration status of an individual.

Low level offenses. Makes the penalty for crimes concerning certain election filings a Class A misdemeanor. (Under current law, the offenses are Level 6 felonies.) Reduces several crimes concerning elections from Level 6 felonies to Class C infractions, and removes a provision prohibiting the possession of a pencil outside a polling area. Permits an alcoholic beverage retailer or dealer to: (1) accept credit cards; and (2) extend credit to a consumer if the amount owed is paid before the consumer leaves the premises.

Value of property. Provides that, with respect to an offense with a penalty that may be enhanced due to the value of the property involved in the offense: (1) if the offense is committed within a 30 day period all offenses may be charged in a single count; and (2) if the offenses are charged in a single count, the value of the property involved in the offenses may be aggregated.

Adulterant and synthetic urine ban. Defines "adulterant" and "synthetic urine". Provides distributing synthetic urine or an adulterant with the intent to assist a person in defrauding a drug screen is a misdemeanor.

Rehabilitation progress and recidivism reporting. Provides that any entity in receipt of funds: (1) recommended by the justice reinvestment advisory council; and (2) appropriated by the department of correction; must provide certain statistics related to recidivism, rehabilitation, supervision, and treatment. Defines certain terms. Urges the legislative council to assign to a study committee the topic of the implementation of HEA 1006-2014. Makes conforming amendments.

Motor vehicle related offenses. Provides that a person who commits a Class A misdemeanor or a felony by failing to comply with the duties of the operator of a motor vehicle involved in an accident commits a separate offense for each person whose serious bodily injury or death is caused by the person's failure to comply with those duties. Provides that it is a Level 4 felony (instead of a Level 5 felony) for a vehicle operator to cause the death of another person when: (1) the vehicle operator's blood or breath has a certain alcohol concentration; (2) the vehicle

Offenses involving unmanned aerial vehicles. Amends the definition of "unmanned aerial vehicle" to specify that the term includes: (1) an unmanned aircraft and an unmanned aircraft system; and (2) a small unmanned aircraft and a small unmanned aircraft system; all as defined in federal law. Creates the following new criminal offenses involving the use of an unmanned aerial vehicle as Class A misdemeanors: (1) Sex offender unmanned aerial vehicle offense. (2) Public safety remote aerial interference. (3) Remote aerial voyeurism. (4) Remote aerial harassment. Provides that the offenses are Level 6 felonies if the accused person has a prior unrelated

Juvenile justice. Adds additional members to a community corrections advisory board. Allows an application for a state grant for a community corrections program for juveniles to be made to the department of correction division of youth services. Provides that a child who was: (1) the victim of human trafficking; and (2) adjudicated a delinquent child for an act performed while a victim of human trafficking and the delinquent act was a result of human trafficking; is entitled to have the adjudication expunged. Specifies that expunged electronic records must be stored in a secure data base. Permits the department of correction

Possession of a firearm by an illegal alien. Provides that an alien who is illegally or unlawfully present in the United States and knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by an alien, a Level 6 felony.

Drug or alcohol screening tests. Expands the definition of "drug or alcohol screening test" for purposes of the criminal law governing forgery, fraud, and other deceptions to include testing that is ordered by a court as part of a civil action.

Dealing in heroin. Establishes sentence enhancements applicable if a certain quantity of heroin is sold within a 90 day period. Makes dealing in heroin as a Level 2 or Level 3 felony nonsuspendible if the person has a prior felony conviction. Provides that the taking of a controlled substance from: (1) a pharmacist acting in an official capacity; or (2) a pharmacy; is robbery, a Level 4 felony. Provides that: (1) the use of a deadly weapon; or (2) causing bodily injury to any person other than the defendant; during the robbery of: (A) a pharmacist acting in an official

Traffic amnesty program. Urges the legislative council to assign to the appropriate study committee the topic of studying a traffic amnesty program to permit certain persons owing unpaid traffic fines, or who may be required to pay a fee for driver's license reinstatement, to obtain a reduction in the amount owed or amount payable.

Crime reporting requirements. Requires local law enforcement agencies to provide criminal justice data to the Indiana state police. Requires local law enforcement agencies to participate in a statewide uniform crime report program with the National Incident Based Reporting System (NIBRS). Requires the criminal justice data division of the state police department to report crime statistics to the governor semiannually (rather than annually, as required under current law).

Code revision corrections. Updates the list of criminal statutes codified outside IC 35. Makes no substantive change to law. (The introduced version of this bill was prepared by the code revision commission.)

Bail. Provides that the supreme court should adopt rules to establish the Indiana pretrial risk assessment system before January 1, 2020, to assist courts in assessing an arrestee's likelihood of: (1) committing a new criminal offense; or (2) failing to appear. Repeals a provision relating to the impeachment of witnesses.

Forfeiture. 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. Repeals a provision permitting the state to turn over seized property to the federal government. Makes conforming amendments

Contributing to delinquency. Provides that the penalty for the crime of contributing to delinquency is a felony one level higher than that of the delinquent act committed by the child, except that: (1) the penalty for inducing a child to commit a Level 1 felony is a Level 1 felony; and (2) the penalty for inducing a child to commit murder is the penalty for murder.

Various crimes. Provides that the crime of strangulation includes application of pressure to a victim's torso, and increases the penalty to a Level 5 felony if it is knowingly committed against a pregnant woman. Creates an enhancement to obstruction of justice if a person interferes with a witness during the investigation or pendency of a domestic violence or child abuse case. Increases the penalty for receiving stolen auto parts if the person has a prior conviction. Defines "drug related felony", and requires the division of state court administration to report certain drug related felonies to the National Precursor Log Exchange

Expungement. Prohibits a sex or violent offender from expunging a misdemeanor conviction. Provides that arrest records may be expunged if a related conviction is expunged or if the person has completed a diversion program. Permits the expungement of civil forfeiture records if a related arrest or conviction is expunged. Establishes a procedure for the expungement of civil protection orders, and allows the expungement of a civil protection order if: (1) the protection order is granted ex parte and the court subsequently denies the petition for a (regular) protection order following a hearing; or (2) an appellate court reverses or vacates

Department of correction and Level 6 felons. Repeals provisions prohibiting a court from committing certain persons convicted of Level 6 felonies to the department of correction.

Bias crimes. 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 because of certain perceived or actual characteristics of the individual.

Bias motivated crimes. 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 because of certain perceived or actual characteristics of the individual. Requires law enforcement agencies to report bias motivated crimes to the Federal Bureau of Investigation.

Accessing child pornography. Makes it a Level 6 felony for a person to access, with intent to view, a photograph or other pictorial representation that depicts or describes sexual conduct by a child who the person knows is less than 18 years of age or who appears to be less than 18 years of age.

Moratorium on privately operated facilities. Prohibits the department of correction from contracting with a private organization for the incarceration of committed persons or immigration detainees in a facility owned by the private organization, and for the operation by the private organization of a correctional facility or immigration detention center owned by the state. Prohibits a unit of local government from contracting with a private organization for the incarceration of prisoners or immigration detainees in a facility owned by the private organization or for the operation by the private organization of a correctional facility or immigration detention center owned by the

Materials harmful to minors. Requires a person convicted of disseminating material harmful to minor to register as a sex offender if the person is a child care worker and distributes the material to a child under the person's care or supervision or to a child who attends a school at which the child care worker is employed.

Crimes involving synthetic drugs. Makes possessing or dealing a substance that is a controlled substance analog an offense of the same level as possession of or dealing 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.

Bias crimes. Requires law enforcement officers to receive training in identifying, responding to, and reporting bias motivated crimes in which the person who committed a criminal offense selected the victim who was injured or whose property was damaged because of the individual's actual or perceived race, color, creed, disability, national origin, religion, sexual orientation, gender, or gender identity. Allows an individual who suffers a personal injury or property damage because of a criminal offense or delinquent act to bring a civil action to recover damages, including punitive damages, if the person who committed the criminal offense or delinquent act that

INSPECT program certification. Requires that a practitioner who issues a prescription for a controlled substance must be certified to receive information from the INSPECT program.

Battery on a sports official. Increases the penalty for battery if it is committed against an individual certified as a referee, an umpire, or an athletic official. Makes conforming technical corrections.

Expungement of civil forfeiture records. Permits the expungement of civil forfeiture records if a related arrest or conviction is expunged.

Criminal penalty for cigarette tax evasion. Makes it a Level 6 felony for a person to knowingly or intentionally fail to carry invoices or delivery tickets containing certain information while transporting cigarettes that do not bear an Indiana tax stamp over Indiana highways.

Resisting law enforcement. Specifies that a person who recklessly, knowingly, or intentionally fails to comply with the lawful order of a law enforcement officer with authority to direct traffic commits a Class C infraction. (Under current law, a person commits the infraction only if the failure to comply is done "knowingly".) Provides that a person who knowingly or intentionally refuses to comply with the lawful order of a law enforcement officer after having been detained based on: (1) probable cause; (2) reasonable suspicion; (3) a warrant; or (4) another court order; commits resisting law enforcement as a Class C misdemeanor.

Exploitation of vulnerable individuals. Increases the penalties for exploitation of a dependent or an endangered adult and financial exploitation of an endangered adult.

Medical research controlled substances. Provides that a physician who has obtained approval from certain entities to obtain, administer, and dispense or prescribe a controlled substance is immune from criminal liability for the possession or distribution of the controlled substance. Provides that an ultimate user who possesses or uses a controlled substance from that prescribing or dispensing physician is immune from criminal liability for the possession or use of the controlled substance. Provides certain exceptions.

Retail sales of Tannerite. Regulates the retail sale of Tannerite, a patented ammonium nitrate and aluminum powder based binary explosive used primarily as a target for firearms practice. Provides that a retailer: (1) must secure Tannerite behind a counter or in a locked display case so that Tannerite is unavailable to a customer without the assistance of the retailer or an employee of the retailer; (2) may not sell Tannerite to a customer who is less than 18 years of age; and (3) must verify the age of a customer who wishes to purchase Tannerite by requiring the customer to

Sentencing advisement. Removes the requirement that a trial court advise a convicted defendant of the earliest release date and the maximum possible release date from incarceration.

Seizure and forfeiture of property used in crimes. Provides that when property is seized under the law concerning forfeiture of property used in violation of certain criminal statutes, the state or local law enforcement agency making the seizure shall: (1) identify the owner of the property; and (2) provide the owner with notice of the intent of the state or local unit of government to seek forfeiture of the property. Requires a prosecuting attorney to show by clear and convincing evidence that the owner of the property was: (1) convicted of; or (2) entered a plea of guilty or nolo

Stolen valor. Makes it committing stolen valor, a Class A misdemeanor, for a person to knowingly or intentionally, with the intent to obtain money, property, or another benefit: (1) fraudulently represent himself or herself to be an active member or veteran of the armed forces of the United States; (2) use falsified military identification; or (3) fraudulently claim to be the recipient of certain military honors.

Human trafficking. Adds the crime of promotion of human trafficking of a minor to the definitions of "sex offender" and "sex or violent offender".

Methamphetamine matters. Requires the division of state court administration to report certain methamphetamine-related felonies to the National Precursor Log Exchange (NPLEx) so that NPLEx can generate a stop sale alert to prevent individuals convicted of those felonies from purchasing ephedrine or pseudoephedrine.

Criminal justice matters. Allows the department of correction (department) to make grants to county jails to provide evidence based mental health and addiction forensic treatment services from funds appropriated to the department for the department's operating expenses for the state fiscal year. Requires the commissioner of correction to coordinate with the division of mental health and addiction when issuing community corrections and court supervised recidivism reduction program grants. Requires collaboration among: (1) the probation department; (2) the community corrections program; and (3) any other local criminal justice agency that receives funding from the department; when creating a community corrections plan.

Prosecutions for rape and criminal deviate conduct. Specifies that certain exceptions to the statute of limitations for rape as a Level 3 felony also apply to rape as a Class B felony (for crimes committed before July 1, 2014). Provides that a prosecution for criminal deviate conduct as a Class B felony for an offense committed before the crime was repealed on July 1, 2014, that would otherwise be barred may be commenced 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

Ephedrine and pseudoephedrine. Requires the Indiana board of pharmacy (board) to adopt emergency rules that are effective July 1, 2016, concerning: (1) professional determinations made; and (2) a relationship on record with the pharmacy; concerning the sale of ephedrine or pseudoephedrine. Requires the board to: (1) review professional determinations made; and (2) discipline a pharmacist who violates a rule concerning a professional determination made; concerning the sale of ephedrine or pseudoephedrine. Allows the board, in consultation with the state police, to declare a product to be an extraction resistant or a conversion resistant form of ephedrine or pseudoephedrine. Specifies that

Driving privileges suspensions. Provides that when judgment has been imposed for committing two worksite speed limit violations within one year, an additional penalty of the suspension of the person's driving privileges for 60 days may be imposed by the court imposing the sentence for the second violation. Provides that specialized driving privileges may be granted to the person by the court for the purpose of operating a motor vehicle between the place of employment and residence of the person.

Criminal gang organization. Changes the term "criminal gang" to "criminal organization". Provides that a criminal organization is a group organized to commit a felony or the crime of battery. Increases the penalty for assisting a criminal to a Level 6 felony if the person who commits the offense or the person assisted is a member of a criminal organization. Makes criminal organization activity a Level 6 felony, and increases the penalty to a Level 5 felony if the person commits an offense involving the unlawful use of a firearm. Specifies certain additional evidence that the trier-of-fact may consider in determining

Operating while intoxicated. Provides that a person who commits the offense of causing the death of another person when operating a vehicle: (1) with an alcohol concentration equivalent to at least 0.08 gram of alcohol per 100 milliliters of the person's blood or 210 liters of the person's breath; (2) with a controlled substance listed in schedule I or II or its metabolite in the person's blood; or (3) while intoxicated; commits a Level 4 felony instead of a Level 5 felony if the person has a previous conviction of operating while intoxicated within 10 years preceding the commission of

Various criminal law matters. Makes the offense of child exploitation a Level 4 felony instead of a Level 5 felony if the offense involves, depicts, or describes a child less than 18 years of age who: (1) engages in bestiality; (2) is mentally disabled or deficient; (3) participates in the sexual conduct, matter, performance, or incident by use of force or the threat of force; (4) physically or verbally resists participating in the sexual conduct, matter, performance, or incident; (5) receives a bodily injury while participating in the sexual conduct, matter, performance, or incident; or (6) is less than 12

Employers and expungement. 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

Driving privileges suspensions. Provides that when judgment has been imposed for committing two worksite speed limit violations within one year, an additional penalty of the suspension of the person's driving privileges for 60 days may be imposed by the court imposing the sentence for the second violation. Provides that specialized driving privileges may be granted to the person by the court for the purpose of operating a motor vehicle between the place of employment and residence of the person.

Correctional officers and possession of handguns. Allows an employee of a penal facility: (1) who is a correctional officer; and (2) whose duties include the daily or ongoing supervision and care of persons who are lawfully detained in the penal facility; to possess not more than one handgun in the correctional officer's vehicle while the vehicle is on the property of the penal facility.

Domestic battery. Removes the sentencing enhancement for battery committed against a family or household member in the presence of a child from the battery statute and places it in the domestic battery statute. Specifies that numerous provisions in the battery statute constitute domestic battery if they are committed against a family or household member. Makes conforming amendments.

Robbery of a pharmacy. Makes it robbery of a pharmacy, a Level 4 felony, for a person to knowingly or intentionally take a controlled substance from a pharmacy: (1) by using force against or threatening the use of force against; or (2) by putting in fear; a person who is located on the premises of the pharmacy. Enhances the offense to: (1) a Level 3 felony if it is committed while armed with a deadly weapon or results in bodily injury to any person other than a defendant; and (2) a Level 2 felony if it results in serious bodily

Pseudoephedrine and ephedrine. Provides that materials, compounds, mixtures, or preparations that contain ephedrine or pseudoephedrine are schedule III controlled substances that may be dispensed only by prescription. Repeals: (1) the statute allowing the dispensing of ephedrine and pseudoephedrine without a prescription subject to certain restrictions; and (2) provisions related to that statute. Requires pharmacies and certain retailers that sell ephedrine, pseudoephedrine, or drugs that contain ephedrine or pseudoephedrine before July 1, 2016, to continue to maintain an electronic or written log of such sales through June 30, 2018.

Animal fighting contests. Makes attending an animal fighting contest a Level 6 felony. Repeals the law that makes it cruelty to an animal, a Class A misdemeanor, for a person to attend a fighting contest involving animals.

Bias motivated crimes. Defines "bias motivated crime" as the crime of battery, aggravated battery, strangulation, kidnapping, criminal confinement, robbery, arson, criminal mischief, burglary, residential entry, criminal trespass, theft, criminal conversion, intimidation, harassment, or stalking if the person who commits the crime intentionally selects: (1) an individual against whom the crime was committed; or (2) any property damaged or otherwise affected by the crime; in whole or in part because of the actual or perceived race, color, religion, ethnicity, national origin, sexual orientation, gender, gender identity or expression, or disability of the individual, another individual, or a group of individuals, whether

Dealing in cocaine and methamphetamine. Provides that a person who possesses at least 10 grams of cocaine, a narcotic drug, or methamphetamine may be convicted of possession with intent to deliver without additional evidence of intent. Makes dealing in cocaine, a narcotic drug, or methamphetamine a Level 2 felony if: (1) an enhancing circumstance applies; or (2) the drug, alone or in combination with alcohol or another drug, results in the death of any person. Makes Level 2 and Level 3 controlled substance offenses nonsuspendible if the person has a prior felony conviction. Creates a separate crime of manufacturing methamphetamine.

Child exploitation. Increases the criminal penalty for the offense of: (1) child exploitation from a Level 5 felony to a Level 4 felony; (2) child exploitation involving a child less than 12 years of age from a Level 5 felony to a Level 3 felony; (3) possession of child pornography from a Level 6 felony to a Level 5 felony; and (4) possession of child pornography involving a child less than 12 years of age from a Level 6 felony to a Level 4 felony.

Lifeline law. Specifies that a law enforcement officer may not arrest a person less than 21 years of age for an offense involving possession of paraphernalia 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. Specifies that the arrest and criminal immunity provisions of the lifeline law apply to: (1) a person requiring medical attention; and (2) a person who owns the property where the medical emergency occurs. (Under current law, the arrest and immunity provisions apply only to persons who report the

Statute of limitations on rape. Eliminates the statute of limitations for rape. Makes conforming amendments.

Sentence modification. Makes a person who commits an offense before July 1, 2014, eligible for sentence modification on the same terms as a person sentenced on or after that date. Provides that a violent criminal, as defined, may file one petition for sentence modification without the consent of the prosecuting attorney if the petition is filed within 365 days of sentencing. Allows a person who is not a violent criminal to file two petitions for sentence modification without the consent of the prosecuting attorney. Allows certain offenders who committed an offense after June 30, 2014, and before May 15, 2015,

Human trafficking, promoting prostitution, and adult entertainment performers. Provides that, for purposes of the law concerning actions for indecent nuisances, an indecent nuisance includes a public place in or upon which human trafficking is conducted, permitted, continued, or exists, and the personal property and contents used in conducting and maintaining the place for such a purpose. Establishes the human trafficking prevention and victim assistance fund to fund human trafficking victim services and human trafficking prevention programs. Provides that: (1) 80% of money collected in the seizure of property used in connection with human trafficking will be transferred to the human

Various motor vehicle issues. Raises the penalty for reckless driving resulting in bodily injury from a Class B misdemeanor to a Class A misdemeanor. Reduces the penalty for reckless driving resulting in property damage from a Class B misdemeanor to a Class C misdemeanor. Provides that simultaneous possession of an out-of-state driver's license or identification card and an Indiana driver's license or identification card is a Class C infraction. Provides that counterfeit reproduction of a driver's license is a Class B misdemeanor. Imposes penalties for failing to change lanes or slow a vehicle when approaching certain stationary vehicles that display

Video conferencing by confined persons. Allows certain court proceedings involving a person confined to the department of correction to be conducted by video conferencing with the consent of the confined person. Allows a person confined in a county jail to receive a mental health evaluation for the purpose of mental health assessment and treatment by means of video conferencing. Specifies that a mental health evaluation for the purpose of: (1) determining competency to stand trial; or (2) establishing a defense to a crime; may not be conducted by video conferencing. Prohibits recording of a mental health evaluation.

Statute of limitations for rape. Provides that a rape charge otherwise barred by the statute of limitations may be brought within five years of the time that: (1) the state first discovers DNA evidence sufficient to charge the offender; (2) the state first becomes aware of the existence of a recording that provides evidence sufficient to charge the offender; or (3) a person confesses to the offense.

Definition of "sexual conduct". Adds exhibition of the female breast to the definition of "sexual conduct" for purposes of the law concerning child exploitation and child pornography.

Powdered or crystalline alcohol. Makes it a Class B infraction to possess, purchase, sell, offer to sell, or use powdered or crystalline alcohol. Establishes exceptions. Urges the legislative council to assign to the public policy interim study committee topics related to powdered or crystalline alcohol.

Motor vehicle title fraud. Defines "motor vehicle", for purposes of the financial responsibility laws, to include a motor vehicle titled by an individual using a federal identification number issued to a business entity. Provides that a court may suspend the registration certificate and plates of a motor vehicle that is titled to a nonqualified individual who commits title application fraud. Defines "nonqualified individual" as a person who is not eligible to receive a Social Security number or federal identification number. Provides that a nonqualified individual who establishes a business entity for the purpose of obtaining a certificate of title for

Methamphetamine. Defines "drug related felony" and requires courts to report drug related felonies to the state police department. Requires the state police department to report drug related felonies to NPLEx so that NPLEx can generate a stop sale alert to prevent individuals with drug related felonies from purchasing ephedrine or pseudoephedrine. Provides that the offense of possession of a precursor by a methamphetamine offender (which prohibits the possession of pseudoephedrine or ephedrine without a prescription by persons convicted of certain offenses) applies to a person who has been convicted of a drug related felony.

Deadly weapons. Specifies offenses that are eligible for a sentencing enhancement if a deadly weapon is used the commission of certain offenses. Provides that a sentence may be enhanced when a deadly weapon is used during the commission of controlled substance offenses. Provides that sentencing enhancements for the possession of a deadly weapon during the commission of an offense may not be suspended. Provides that a person is a habitual offender if the state proves the person has been convicted of three prior unrelated felonies of any level.

Child molesting. Defines "dangerous sexually transmitted disease" and increases the penalty for child molesting from a Level 3 felony to: (1) a Level 2 felony if the offense results in the transmission of a dangerous sexually transmitted disease; and (2) a Level 1 felony if the offense results in the transmission of a dangerous sexually transmitted disease and the person knew or recklessly failed to know that the person was infected with the disease. Makes a technical correction.

Possession of paraphernalia. Excludes possession of rolling papers and raw materials from the crime of possession of paraphernalia, and removes possession of paraphernalia as an infraction. Makes the knowing or intentional possession of paraphernalia a Class C misdemeanor, and increases the penalty to a Class A misdemeanor if the person has a prior unrelated judgment or conviction. Makes it a Level 6 felony to possess a hypodermic needle with intent to commit a controlled substance offense. (Under current law, the offense only applies if committed with intent to violate the legend drug act). Specifies that the sentencing enhancement that applies

Solitary confinement standards. Requires the department of correction to abide by the provisions of the: (1) United Nations Standard Minimum Rules for the Treatment of Prisoners; and (2) United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; when placing and holding committed persons in solitary confinement or other forms of prolonged isolation.

Animal fighting contests. Makes attending an animal fighting contest a Level 6 felony. Repeals the law that makes it cruelty to an animal, a Class A misdemeanor, for a person to attend a fighting contest involving animals.

Lights and lamps on vehicles. Provides that certain vehicles may not be equipped with lamps or lights other than those specified. Makes technical corrections.

Child exploitation and child pornography. Provides that for purposes of the elements of the crimes of: (1) child exploitation; and (2) possession of child pornography; sexual conduct includes the exhibition of the female breast with less than a fully opaque covering of any part of the nipple.

Patronizing a prostitute. Increases the penalty for patronizing a prostitute from a Class A misdemeanor to a Level 6 felony when the prostitute is less than 18 years of age.

Conditions of probation for certain sex offenders. Provides that as a condition of probation for a sex offender who is a sexually violent predator or an offender against children, the court shall prohibit contact with juveniles.

Drug dealing and violent crimes. Increases the penalty for dealing certain drugs by one level, and raises the minimum amount for sentence enhancement from one gram to three grams. Removes the requirement that possession with intent to deliver be based on evidence in addition to the weight of the drug. Makes manufacturing hash oil a Level 4 felony if the manufacture results in a fire or explosion that causes serious bodily injury to another person. Increases the penalty for dealing in a counterfeit substance if the person represents the substance to be cocaine, methamphetamine, LSD, or a schedule I or

Ephedrine and pseudoephedrine. Provides that materials, compounds, mixtures, or preparations that contain ephedrine or pseudoephedrine are schedule III controlled substances that may be dispensed only by prescription. Repeals: (1) the law allowing the dispensing of ephedrine and pseudoephedrine without a prescription subject to certain restrictions; and (2) provisions related to that law.

Disguised firearms. Defines "safety indicator" as a device or coloration designed to indicate that a toy firearm or realistic imitation firearm is not a genuine firearm. Makes it a Class C infraction to remove a safety indicator and openly carry a toy firearm or realistic imitation firearm in public. Permits a realistic imitation firearm to be used in a competition under certain conditions. Makes it a Class A misdemeanor to possess a firearm modified to resemble a toy firearm, and increases the penalty to a Level 6 felony if the person possessed the modified firearm while committing a crime.

Electronic communications with students. Requires: (1) an employee of or a volunteer for a school corporation or nonpublic school who transmits an electronic communication to a student; and (2) a student who transmits an electronic communication to an employee of or a volunteer for a school corporation or nonpublic school; to simultaneously transmit the electronic communication to the student's parent, if the parent has provided information needed to receive the electronic communication, and to the principal of the school the student attends. Requires a principal who receives the electronic communication to preserve the electronic communication for at least two years.

County supplemental juvenile probation fund. Provides that money in the county supplemental juvenile probation services fund must be appropriated by the county fiscal body only for use by the courts in providing probation services to juveniles and to pay part or all of the salaries of juvenile probation officers. (Under current law, money in the fund may be appropriated only for supplementing those services and for supplementing those salaries.) Specifies that the county fiscal body determines the amount of any appropriations made from the fund. Repeals a provision specifying that the fund may not be used to replace other funding

Searches of probationers and parolees. Provides that a probationer or parolee may be subject to search or seizure by a law enforcement officer at any time, as long as the search or seizure is not arbitrary, capricious, or conducted solely for the purpose of harassment.

Bias motivated offenses. Provides that a bias motivated crime is an offense in which the person who committed the offense intentionally: (1) selected the person who was injured; or (2) damaged or otherwise affected property; by the offense because of the actual or perceived color, creed, disability, national origin, race, religion, sexual orientation, gender, or gender identity of the injured person or of the owner or occupant of the affected property. Enhances the penalties for the following offenses one level if the offense is a bias motivated crime: (1) Battery. (2) Aggravated battery. (3) Strangulation. (4) Kidnapping. (5) Criminal confinement.

Death sentence elimination and life imprisonment. Abolishes the death penalty. Repeals the law concerning the imposition and execution of death sentences and makes conforming amendments. Specifies that if a person was sentenced to death and is awaiting execution of the death sentence, the person's death sentence is commuted to a sentence of life imprisonment without parole. Provides that when a defendant is charged with a murder for which the state seeks a sentence of life imprisonment without parole, the defendant may file a petition alleging that the defendant is an individual with mental retardation. Provides that if a defendant who

Self defense. Specifies that a person is not justified in using force against another person if the person using force: (1) is the initial aggressor; (2) has reached a place of safety after escaping an attack and immediately returns to the location of the attack (unless the location is the person's property or residence); or (3) is pursuing an attacker or trespasser who has retreated and no longer presents a threat to the person.

Natural and cultural resources penalties.

Reconciles technical and substantive conflicts between HEA 1006-2013 (the criminal code revision bill) and other bills concerning criminal law.

Criminal matters.

Probation and community corrections treatment.

Alcohol and criminal offenses.

Judicial officers.

Department of correction ombudsman.

Agricultural operations and trespass.

Membership on community corrections boards.

Attorney general on criminal law study committee.

Alcohol consumption by a minor.

Hepatitis C testing and study of needle exchanges.

Vehicle clearance when overtaking and passing a bicycle.

Bias motivated offenses.

Serious sex offenders.

Northwest Indiana law enforcement academy.

Animal fighting contests.

A SENATE RESOLUTION urging the legislative council to assign to the Criminal Law and Sentencing Policy Study Committee the topic of raising the age of consent from 16 to 18 years of age.

Passenger restraint systems for children.

Violent crime.

Juveniles and alcohol.

Criminal law.

Self defense.

Various changes to the criminal code.

Immediate detention.

Sex offenses and sex offenders.

Open container laws.

Sentencing alternatives for youthful offenders.

Child exploitation and child pornography.

Synthetic drugs.

Parking for persons with disabilities.

Intimidation.

Habitual offender charge filing deadline.

Child seduction.

School employee background checks.

Health provider reporting of domestic violence.

Battery by body waste.

Vehicular manslaughter.

Educational credit time.

Marijuana.

Crimes involving indecent images of children.

Pilot program requiring prescription for pseudoephedrine.

Sentencing for crimes involving a firearm.

Eligibility for parole.

Ephedrine or pseudoephedrine.

Insanity defense.

Bail.

Child seduction.

Food stamp assistance after drug conviction.

Alcohol consumption by a minor.

Use of consumer reports for employment purposes.

Valuable metal dealer purchases.

Synthetic drugs.

Habitual substance offender.