2023 Legislation

The following is a summary of the bills from the last legislative session that may be of interest to our membership.  For the full text of each bill please go to: https://iga.in.gov/legislative/2023/bills/.

This page was last updated on 2-5-2023 at 9:00 p.m.

 

Senate

SB 34Expungement of addiction related convictions. Establishes a procedure to permit a person: (1) with an addiction disorder related conviction; and (2) who has completed a high intensity residential treatment program; to expunge the person’s addiction disorder related conviction.

  • Assigned to the Senate Committee on Corrections and Criminal Law

SB 89Sentencing for rape conviction. Provides that the definition of “credit restricted felon” includes a person who has been convicted of rape, for a crime committed after June 30, 2023.

  • Assigned to the Senate Committee on Corrections and Criminal Law

SB 136 – Conviction data. Defines “prohibited person” as a person prohibited from possessing a firearm or carrying a handgun. Requires: (1) the office of judicial administration to establish a system to transmit certain data to assist in determining whether a person is a prohibited person; (2) a court, immediately after entering a judgment of conviction, to transmit to the state police department the data from the office of judicial administration and the judgment of conviction; and (3) the state police department to enter into the Indiana data and communication system (IDACS) information received from a court.

  • Passed the Senate Committee on Corrections and Criminal Law and reassigned to the Senate Committee on Appropriations.

SB 158 – Domestic violence. Specifies that certain offenses, if committed against a family or household member, are considered a crime of domestic violence. Increases the period of time that a person arrested for a crime of domestic violence may not be released on bail to 24 hours. (The current time period is eight hours.) Provides that a charge of invasion of privacy is elevated to a Level 6 felony if the person has a prior unrelated criminal stalking conviction. Provides that certain crimes are considered a serious violent felony for the purposes of unlawful possession of a firearm by a serious violent felon.

  • Passed the Senate Committee on Corrections and Criminal Law and set for second reading in the Senate on Thursday, February 2nd.

SB 179 – Home detention. Provides that a court may not order a person convicted of a: (1) Level 1 felony; or (2) crime subject to certain enhancements; to a community corrections program. Allows a court to place a person in a community corrections program as an alternative to commitment to the county jail or department of correction. Repeals a requirement that a court suspend the sentence for a person placed in a community corrections program. Specifies that a person sentenced to work release in a community corrections program receives one day of accrued time for each day the person is confined on work release. (Current law only specifies that a person on home detention earns accrued time.) Provides that the violation of a home detention placement term constitutes the crime of escape under certain circumstances. Makes technical changes.

  • Passed the Senate 48-0 on Thursday, January 26th and referred to the House

SB 205 – Task force for the reduction of violent crime. Establishes the task force for the reduction of violent crime (task force). Requires the task force to study potential statutory changes to reduce violent crime and submit a report for distribution to the general assembly.

  • Assigned to the Senate Committee on Corrections and Criminal Law and set for a hearing on Tuesday, February 7th at 10:00 a.m.

SB 215 – Construction of judicial building. Requires the office of management and budget (office) to prepare a preliminary engineering design and feasibility study for construction of a building or buildings on land north of the state house to house the judiciary. Appropriates money from the state general fund to the office to be used to pay costs of the study.

  • Assigned to the Senate Committee on Appropriations

SB 286 – Credit time. Provides that a habitual offender is not entitled to good time credit. Permits a person placed on pretrial home detention to earn accrued time and good time credit in the same manner as other persons on home detention, but provides that specified misconduct will result in the deprivation of all accrued time earned on pretrial.

  • Passed the Senate Committee on Corrections and Criminal Law on January 26th and reassigned to the Senate Committee on Appropriations.

SB 299 – Public safety matters. Provides that a person who refuses to follow the lawful commands of a law enforcement officer to move a specified reasonable distance away from the scene of an active investigation commits a Class B misdemeanor. Establishes a defense if the order: (1) is unreasonable under the circumstances; or (2) would endanger the person. Permits a person to be placed in a community corrections program even if the person’s sentence is suspendible.

  • Assigned to the Senate Committee on Corrections and Criminal Law

SB 360 – Firearms matters. Repeals the offense of unlawful carrying of a handgun. Makes it a Class A misdemeanor to carry a handgun without being licensed to carry a handgun. Specifies exceptions. Enhances the offense to a Level 5 felony in particular instances. Provides that a person who has been convicted of domestic battery may not possess or carry a handgun unless the right has been restored. Allows a person who is protected by a protection order and meets other requirements to carry a handgun without a license for 60 days after the protection order is issued. Provides that licenses to carry handguns are either qualified or unlimited and describes the distinction between the two. Specifies the burden of proof and grounds for dismissal for certain firearms offenses. Requires a person wishing to sell, trade, or transfer (transfer) a firearm to another person to transact the transfer through a dealer and provide the dealer with certain information. Specifies the background checks that a dealer must complete prior to the transaction. Permits a dealer to refuse to transact a firearm transfer. Requires a dealer to abort the transaction in other instances. Specifies requirements for a dealer who refuses to transact or aborts a firearm transfer. Makes a dealer immune from civil liability and damages in certain instances. Makes the offenses of firearm transfer fraud and the unlawful transfer of a firearm Level 6 felonies. Enhances both offenses in particular instances. Specifies exceptions and defenses. Requires a person to: (1) complete certain firearms safety training; and (2) present a certificate of completion of that training to a dealer; before purchasing a firearm. Prohibits a dealer from selling a firearm to a person who does not present a certificate of completion. Makes it a Class A misdemeanor for a: (1) dealer; (2) person approved to provide firearms training; or (3) prospective firearms purchaser; to commit certain offenses concerning a certificate of completion. Makes it a Class A misdemeanor for a dealer to fail to provide a safe storage device at the time of transacting a sale, trade, or transfer of a firearm. Provides that the prohibition on a political subdivision’s regulation of certain matters concerning firearms does not apply to a county with a consolidated city. Defines terms. Makes conforming amendments and technical corrections.

  • Assigned to the Senate Committee on Corrections and Criminal Law

SB 365 – Credit time for pretrial home detention. Provides that good time credit earned for pretrial home detention is the same as good time credit earned for pretrial incarceration. Makes conforming changes.

  • Assigned to the Senate Committee on Corrections and Criminal Law

SB 410Juvenile law matters. Click on the link for the digest of the bill.

  • Assigned to the Senate Committee on Corrections and Criminal Law

SB 415Admissibility of statement by juvenile in custody. Provides that a statement made by a juvenile during a custodial interrogation of the juvenile regarding an act allegedly committed when the juvenile was less than 18 years of age is inadmissible for purposes of specified criminal or juvenile proceedings if a law enforcement officer or school resource officer knowingly communicates to the juvenile: (1) false information regarding evidence relating to the act; or (2) false or unauthorized statements regarding penalties for the act or leniency in the imposition of penalties for the act; during the custodial interrogation.

  • Assigned to the Senate Committee on Corrections and Criminal Law

SB 417Various tax matters. Repeals the threshold sales amount after which certain nonprofit organizations are required to collect state sales tax on sales (currently, $20,000 in annual sales). Provides that all sales by the nonprofit organizations made in furtherance of a nonprofit purpose are exempt from the state sales tax regardless of the amount of annual sales. Authorizes a county to impose a local income tax (LIT) rate for county staff expenses of the state judicial system in the county. Provides that the expenses paid from the LIT revenue may not comprise more than 50% of the county’s total budgeted operational staffing expenses related to the state judicial system in any given year. Requires certain reporting requirements related to the use of the LIT revenue. Makes certain changes to provisions that apply to taxpayers who file a combined return for the financial institutions tax. Specifies a three business day grace period following the postmark date of a document during which the department of state revenue will consider the document received to be timely filed for purposes of a due date. Removes the threshold conditions for establishing a residential housing development program (program) and a tax increment allocation area for the program, including the condition that each school corporation affected by the program passes a resolution approving the program before it may take effect. Extends the maximum duration of a program from 25 to 30 years.

  • Assigned to the Senate Committee on Tax and Fiscal Policy

SB 420Delinquent acts. Provides that a juvenile commits a delinquent act if: (1) the juvenile commits an act that would be a felony if committed by an adult (under current law, a juvenile commits a delinquent act if the juvenile commits an act that would be a felony or a misdemeanor if committed by an adult); (2) the juvenile commits an offense related to unlawful carry of a firearm; or (3) the juvenile commits indecent display by a youth or an act that would be a misdemeanor if committed by an adult, and either of the following apply: (A) The child has also committed a delinquent act that would be a felony if committed by an adult. (B) The child needs care, treatment, or rehabilitation that: (i) the child is not receiving; (ii) the child is unlikely to accept voluntarily; and (iii) is unlikely to be provided or accepted without the coercive intervention of a court.

  • Assigned to the Senate Committee on Corrections and Criminal Law

SB 429Various firearms matters. Provides that a member of the firearm industry shall comply with certain firearm industry standards of conduct. Makes an act or omission by a member of the firearm industry in violation of these standards of conduct actionable by: (1) a person who has suffered harm in Indiana because of the member’s conduct; (2) the attorney general; (3) a city attorney; and (4) a county attorney. Prohibits a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from selling or delivering a: (1) firearm that is not a handgun to a person who is less than 21 years of age; or (2) semiautomatic assault weapon. Repeals the offense of unlawful carrying of a handgun. Makes it a Class A misdemeanor to carry a handgun without being licensed to carry a handgun. Specifies exceptions. Enhances the offense to a Level 5 felony in particular instances. Provides that a person who has been convicted of domestic battery may not possess or carry a handgun unless the right has been restored. Allows a person who is protected by a protection order and meets other requirements to carry a handgun without a license for 60 days after the protection order is issued. Provides that licenses to carry handguns are either qualified or unlimited and describes the distinction between the two. Specifies the burden of proof and grounds for dismissal for certain firearms offenses. Prohibits a person from keeping or storing an unsecured firearm on any premises controlled by the person under certain circumstances. Makes the failure to secure a firearm a Level 6 felony if the offense results in injury or death, enhances the offense to a Level 5 felony in particular instances, and provides a defense. Requires a person wishing to transfer a firearm to another person to transact the transfer through a firearms dealer (dealer), subject to certain exceptions, and specifies the procedure to be used by the dealer to effect the transfer. Grants a dealer civil immunity in certain circumstances. Provides that a person who makes a false statement to a dealer for the purpose of completing a transfer commits firearm transfer fraud, a Level 6 felony, and enhances the penalty in particular instances. Specifies that a dealer or other person who transfers a firearm in violation of certain requirements commits unlawful transfer of a firearm, a Level 6 felony, and enhances the offense to a Level 5 felony in particular instances. Defines terms. Makes conforming amendments and technical corrections.

  • Assigned to the Senate Committee on Corrections and Criminal Law

SB 441Visitation of juveniles in detention facilities. Imposes requirements on juvenile detention facilities with regard to contact and visitation of residents of juvenile detention facilities.

  • Assigned to the Senate Committee on Corrections and Criminal Law

SB 442Public information regarding delinquent acts. Amends, with respect to provisions allowing public access to certain juvenile court records and records regarding allegations of certain delinquent acts: (1) the circumstances under which such records may be accessed by the public; and (2) the information in the records that may be accessed; without a court order.

  • Assigned to the Senate Committee on Corrections and Criminal Law

SB 444 – Judicial transparency. Requires the office of judicial administration to prepare, publish, and transmit the public safety and judicial accountability report containing certain information about judicial officers who exercise criminal jurisdiction.

  • Assigned to the Senate Committee on Judiciary.

SB 445 – Electronic monitoring standards. Requires the justice reinvestment advisory council to develop electronic monitoring standards and submit an annual report as to the standards. Requires the justice reinvestment advisory council to conduct a workload study of local supervising agencies concerning electronic monitoring and home detention, make certain findings, and submit a report to the legislative council not later than July 1, 2025. Makes an appropriation to conduct the workload study. Provides that a contract employee of a supervising agency is required to notify the supervising agency of certain actions with respect to a tracked individual not later than 12 hours after the action occurs. Requires this notification to be sent within 15 minutes if the tracked individual is serving a sentence for a crime of violence or a crime of domestic or sexual violence. Specifies that a supervising agency must include in a quarterly report the number of tracked individuals who are on parole supervision and the number of false location alerts, device malfunctions, or both. Provides that a local supervising agency and the division of parole services shall report directly to the local justice reinvestment advisory council each quarter. Requires the statewide justice reinvestment advisory council to transmit an annual electronic report to the legislative council and to the judicial conference of Indiana not later than March 15 of each year.

  • Assigned to the Senate Committee on Corrections and Criminal Law and set for a hearing on Tuesday, February 7th at 10:00 a.m.

SB 459 – Bail. Provides that a court, in setting bail, shall consider all relevant information available to the court. Removes a provision requiring a court to consider releasing a defendant without money bail under certain circumstances, and prohibits a court from releasing certain arrestees without money bail. Provides that a court is not required to administer a pretrial risk assessment to an arrestee if doing so will unduly delay the consideration of an appropriate amount of bail for an arrestee. (Under current law, a court is not required to administer an assessment if doing so will delay the arrestee’s release.)

  • Assigned to the Senate Committee on Corrections and Criminal Law

SB 464 – Adult court jurisdiction over delinquent acts. Provides that the juvenile court does not have jurisdiction over an individual for certain offenses if the individual: (1) was under 18 years of age at the time of the alleged violation; and (2) is over 21 years of age when charged with the offense. Provides that a child commits a delinquent act if, before becoming 18 years of age, the child commits an act: (1) that would be a misdemeanor or felony offense if committed by an adult; (2) in violation of IC 35-45-4-6 (indecent display); or (3) in violation of IC 35-47-10-5 (possession/transfer of firearm). Specifies that if the juvenile court lacks jurisdiction, a child who commits a delinquent act is subject to a court having criminal jurisdiction. Makes conforming changes.

  • Assigned to the Senate Committee on Corrections and Criminal Law

SB 470 – Basis for escape. Removes a violation of a home detention order as a basis for committing the crime of escape.

  • Assigned to the Senate Committee on Corrections and Criminal Law

 

House

HB 1001 – State budget. Click on the link for the digest of the bill.

  • Assigned to the House Committee on Ways and Means
  • Items to note in comparison to HEA 1001 of 2021. It is important to note that some of these requests have been funded through other means and they are now being requested as a separate line item in the state budget.
    • No change in the amount of funding for probation officer training
    • Increase from $1M to $3M for veterans court funding
    • Request of $4M for pretrial programs
    • Request of $1.5M for problem solving courts
    • Request of $1M for family recovery courts
    • No change in DOC funding for county jail misdemeanant housing, but increase of $1M for L6 and parole reimbursement
    • Increase of $175,923 (0.24%) in community corrections funding
    • Increase of $34,951 (1.16%) in JDAI funding
    • No change in Recovery Works funding

HB 1006 – Mental health programs. Specifies the circumstances under which a person may be involuntarily committed to a facility for mental health services and specifies that these services are medically necessary. Establishes a local mental health referral program to provide mental health treatment for certain persons who have been arrested. Repeals obsolete provisions.

  • Passed the House 99-0 on Tuesday, January 31st and referred to the Senate.

HB 1032 – Credit time assignments. Provides that a person who is imprisoned for a crime or imprisoned awaiting trial or sentencing for a crime that resulted in death or serious bodily injury to a public safety official, for a crime committed after June 30, 2023, is initially assigned to Class D and may not be assigned or reassigned to any other credit time class.

  • Assigned to the House Committee on Courts and Criminal Code

HB 1087 – Transportation for a released offender. Provides that the department of correction may not provide transportation to, or procure transportation or public transportation to, a county other than the released offender’s county of residence at the time of conviction.

  • Assigned to the House Committee on Courts and Criminal Code

HB 1098 – Elimination of credit time. Provides that a habitual violent offender is not entitled to good time credit.

  • Assigned to the House Committee on Courts and Criminal Code

HB 1144 – State employment of probation officers. Provides that a probation officer is a state employee whose salary is: (1) fixed by the appointing court in accordance with minimum compensation requirements adopted by the judicial conference of Indiana; and (2) paid from the state general fund. Allows a county, city, or town to pay a probation officer a salary supplement in the unit’s salary ordinance.

  • Assigned to the House Committee on Courts and Criminal Code

HB 1172 – Paternity actions. Allows a child to commence a child custody proceeding under certain circumstances. Provides that a court having jurisdiction over a child who is the subject of a child in need of services proceeding or juvenile delinquency proceeding has concurrent jurisdiction with a court having jurisdiction over a paternity proceeding for the purpose of establishing or modifying paternity, custody, parenting time, or child support of the child. Provides that a child who is, or will become, 12 years of age during the pendency of certain proceedings is entitled to representation by counsel. Provides that an attorney serving as a child’s guardian ad litem or court appointed special advocate has a duty to request an independent guardian ad litem or court appointed special advocate for a child in certain circumstances.

  • Assigned to the House Committee on Judiciary

HB 1191 – Parental notice of juvenile arrest at school. Requires that a law enforcement officer who arrests or takes a child into custody on school property or at a school-sponsored activity must make a reasonable attempt to notify: (1) the child’s parent, guardian, or custodian; or (2) the emergency contact listed on the child’s school record; before the child can be moved to a different location.

  • Assigned to the House Committee on Veterans Affairs and Public Safety

HB 1240 – Registration of recovery residences. Requires the operator of a recovery residence to register with the division of mental health and addiction (division). Sets forth the requirements for registration. Requires the division to: (1) establish a registration fee and a renewal fee; and (2) post a list of registered recovery residences on its website and include certain information concerning each recovery residence. Requires the division to adopt rules concerning: (1) the investigation of certain complaints; (2) the issuance, revocation, and denial of a registration; and (3) any rules necessary to implement these provisions. Allows the division to contract with a nonprofit organization that specializes in recovery residences to administer the registration of recovery residences.

  • Assigned to the House Committee on Public Health

HB 1252 – Immunity for escort of a banned person. Specifies that under the tort claims act, a governmental entity or employee acting within the scope of employment is not liable for loss resulting from injury to a person or property of a person who is: (1) under supervision of a governmental entity; and (2) subject to a court order requiring the person to be escorted by a county police officer while the person is on or in a government building owned by a county building authority. Provides exceptions to this immunity.

  • Passed House 96-1 on Tuesday, January 31st and referred to the Senate.

HB 1269 – Interim studies of the criminal justice system. Establishes the criminal justice study committee to conduct a comprehensive study of the criminal justice system in the 2023 and 2024 interims. Establishes a permanent criminal justice reform commission to study sentencing, corrections, services provided to offenders, and other topics affecting the criminal justice system.

  • Assigned to the House Committee on Courts and Criminal Code

HB 1287 – Home detention. Allows a court to place a person convicted of certain crimes directly in a community corrections program. Provides that a violation of certain terms of a community corrections program placement constitutes escape. Repeals the offense of unauthorized absence from home detention, a Class A misdemeanor. Repeals a provision that requires the court to suspend a period of an individual’s sentence if placed in a community corrections program. Provides that if a person on home detention knowingly and intentionally: (1) leaves the person’s home; (2) remains outside of the person’s home; or (3) travels to an unauthorized location; in violation of the home detention order and without written permission commits escape, a Level 6 felony. Provides that the court may only suspend a part of a sentence that is in excess of the minimum sentence for a juvenile adjudication for an act that would constitute a felony if committed by an adult. Makes conforming changes.

  • Passed the House Committee on Courts and Criminal Code and eligible for second reading in the House.

HB 1317 – Interstate compacts. Provides that the statutes creating the following compacts expire July 1, 2025: (1) The Interstate Jobs Protection Compact. (2) The Interstate High Speed Intercity Rail Passenger Network Compact. (3) The Interstate Compact on Community Corrections Transfers. (4) The Interstate Compact on Mental Health. (5) The Interstate Compact on Juveniles. Requires the governor to give notice to each state that is a party to each compact, if any, as provided in the respective compacts, that the state of Indiana is withdrawing from the compact. Requires the governor to certify before January 1, 2024, either that notice: (1) has been given of Indiana’s withdrawal from the compact; or (2) was not required to be given because there are not any other party states to which to give notice.

  • Assigned to the House Committee on Government and Regulatory Reform and set for a hearing on Tuesday, February 7th at 10:30 a.m.

HB 1361 – Funding of juvenile justice oversight. Makes certain amendments to the juvenile diversion grant program, the juvenile community alternatives grant program, and the juvenile behavioral health competitive grant pilot program (programs). Appropriates specified amounts for the state budget biennium to the juvenile diversion and community alternatives grant program fund and juvenile behavioral health competitive grant pilot program fund for purposes of those programs to be administered by the Indiana criminal justice institute in consultation with the juvenile justice oversight committee (oversight committee) and the grant process workgroup created by that oversight committee, taking into considering the grant program report prepared and submitted to the commission on improving the status of children in Indiana by the oversight committee.

  • Assigned to the House Committee on Ways and Means

HB 1440 – Involuntary commitment for addiction treatment. Establishes a proceeding for the commitment of an individual who suffers from substance abuse. Provides that the petitioner must agree to pay the cost of the respondent’s commitment. Establishes requirements before the court may issue an order for commitment. Allows the court to order the respondent to receive treatment and to appear at an evaluation.

  • Assigned to the House Committee on Public Health

HB 1481 – Juvenile delinquency. Provides that juvenile law concerning delinquency does not apply to a child who: (1) is less than 10 years of age; or (2) is 10 or 11 years of age, unless the child is alleged to have committed a delinquent act that would be murder if committed by an adult. Provides that a child less than 12 years of age may be prosecuted for commission of certain delinquent acts only under specified circumstances. Requires the court in a delinquency proceeding regarding a child who: (1) is 10 or 11 years of age; and (2) is alleged to have committed an act that would be murder if committed by an adult; to order a competency evaluation of the child.

  • Assigned to the House Committee on Courts and Criminal Code

HB 1493 – Elimination of costs and fees in juvenile court. Provides that a parent is presumed indigent for purposes of parental payment or reimbursement for services provided by the department of child services to a child adjudicated delinquent or a child in need of services. Further provides that, when the department of correction is awarded wardship of a child, the juvenile court may not order a parent to pay or reimburse the department unless the juvenile court makes a specific finding that the parent is able to pay. Removes fees and costs associated with a child alleged to be a delinquent child from the supplemental public defender services fund and the public defense administration fee. Makes conforming changes.

  • Assigned to the House Committee on Courts and Criminal Code

HB 1564 – Family dependency drug courts. Makes an appropriation of $1,000,000 to the problem solving court fund for the purpose of administering, certifying, and providing financial support for family dependency drug courts.

  • Assigned to the House Committee on Ways and Means

 

Resolutions

SJR 1 – Limitation on right to bail. Provides that a person who poses a substantial risk to the public is not entitled to release on bail.

  • Passed the Senate 34-15 on Thursday, January 26th and referred to the House.

SJR 9Right to bail.  Provides that certain persons charged with a crime and awaiting trial may be released on bail, but are not entitled to be released on bail.

  • Assigned to the House Committee on Judiciary