Indiana 2022 Regular Session

Indiana House Bill HB1233 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1233
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 12-26-6-2; IC 33-24-6; IC 35-31.5-2-81.5;
7	7	IC 35-33-5; IC 35-44.1-2-3; IC 35-47.
8	8	Synopsis: Possession of firearms. Repeals provisions concerning the:
9	9	(1) confiscation and retention of firearms from a dangerous person; (2)
10	10	compilation and publication of statistics related to the confiscation and
11	11	retention of firearms from a dangerous person; and (3) making of a
12	12	false report that a person is dangerous. Modifies a provision concerning
13	13	a petition to find that an individual is no longer dangerous.
14	14	Effective: July 1, 2022.
15	15	Payne, Nisly, Jacob
16	16	January 6, 2022, read first time and referred to Committee on Public Policy.
17	17	2022 IN 1233—LS 6640/DI 144 Introduced
18	18	Second Regular Session of the 122nd General Assembly (2022)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2021 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1233
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	criminal law and procedure.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 12-26-6-2, AS AMENDED BY P.L.289-2019,
33	33	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JULY 1, 2022]: Sec. 2. (a) A commitment under this chapter may be
35	35	4 begun by any of the following methods:
36	36	5 (1) Upon request of the superintendent under IC 12-26-3-5.
37	37	6 (2) An order of the court
38	38	7 (A) having jurisdiction over the individual following
39	39	8 emergency detention. or
40	40	9 (B) referring an individual:
41	41	10 (i) following a hearing under IC 35-47-14-6; and
42	42	11 (ii) after a physicians written statement has been filed setting
43	43	12 forth the requirements described in subsections (c)(1) and
44	44	13 (c)(2) of this section.
45	45	14 (3) Filing a petition with a court having jurisdiction in the county:
46	46	15 (A) of residence of the individual; or
47	47	16 (B) where the individual may be found.
48	48	17 (b) A petitioner under subsection (a)(3) must be at least eighteen
49	49	2022 IN 1233—LS 6640/DI 144 2
50	50	1 (18) years of age.
51	51	2 (c) A petition under subsection (a)(3) must include a physician's
52	52	3 written statement stating both of the following:
53	53	4 (1) The physician has examined the individual within the past
54	54	5 thirty (30) days.
55	55	6 (2) The physician believes the individual is:
56	56	7 (A) mentally ill and either dangerous or gravely disabled; and
57	57	8 (B) in need of custody, care, or treatment in an appropriate
58	58	9 facility.
59	59	10 SECTION 2. IC 33-24-6-3, AS AMENDED BY P.L.115-2021,
60	60	11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
61	61	12 JULY 1, 2022]: Sec. 3. (a) The office of judicial administration shall
62	62	13 do the following:
63	63	14 (1) Examine the administrative and business methods and systems
64	64	15 employed in the offices of the clerks of court and other offices
65	65	16 related to and serving the courts and make recommendations for
66	66	17 necessary improvement.
67	67	18 (2) Collect and compile statistical data and other information on
68	68	19 the judicial work of the courts in Indiana. All justices of the
69	69	20 supreme court, judges of the court of appeals, judges of all trial
70	70	21 courts, and any city or town courts, whether having general or
71	71	22 special jurisdiction, court clerks, court reporters, and other
72	72	23 officers and employees of the courts shall, upon notice by the
73	73	24 chief administrative officer and in compliance with procedures
74	74	25 prescribed by the chief administrative officer, furnish the chief
75	75	26 administrative officer the information as is requested concerning
76	76	27 the nature and volume of judicial business. The information must
77	77	28 include the following:
78	78	29 (A) The volume, condition, and type of business conducted by
79	79	30 the courts.
80	80	31 (B) The methods of procedure in the courts.
81	81	32 (C) The work accomplished by the courts.
82	82	33 (D) The receipt and expenditure of public money by and for
83	83	34 the operation of the courts.
84	84	35 (E) The methods of disposition or termination of cases.
85	85	36 (3) Prepare and publish reports, not less than one (1) or more than
86	86	37 two (2) times per year, on the nature and volume of judicial work
87	87	38 performed by the courts as determined by the information
88	88	39 required in subdivision (2).
89	89	40 (4) Serve the judicial nominating commission and the judicial
90	90	41 qualifications commission in the performance by the commissions
91	91	42 of their statutory and constitutional functions.
92	92	2022 IN 1233—LS 6640/DI 144 3
93	93	1 (5) Administer the civil legal aid fund as required by IC 33-24-12.
94	94	2 (6) Administer the court technology fund established by section
95	95	3 12 of this chapter.
96	96	4 (7) By December 31, 2013, develop and implement a standard
97	97	5 protocol for sending and receiving court data:
98	98	6 (A) between the protective order registry, established by
99	99	7 IC 5-2-9-5.5, and county court case management systems;
100	100	8 (B) at the option of the county prosecuting attorney, for:
101	101	9 (i) a prosecuting attorney's case management system;
102	102	10 (ii) a county court case management system; and
103	103	11 (iii) a county court case management system developed and
104	104	12 operated by the office of judicial administration;
105	105	13 to interface with the electronic traffic tickets, as defined by
106	106	14 IC 9-30-3-2.5; and
107	107	15 (C) between county court case management systems and the
108	108	16 case management system developed and operated by the office
109	109	17 of judicial administration.
110	110	18 The standard protocol developed and implemented under this
111	111	19 subdivision shall permit private sector vendors, including vendors
112	112	20 providing service to a local system and vendors accessing the
113	113	21 system for information, to send and receive court information on
114	114	22 an equitable basis and at an equitable cost.
115	115	23 (8) Establish and administer an electronic system for receiving
116	116	24 information that relates to certain individuals who may be
117	117	25 prohibited from possessing a firearm for the purpose of
118	118	26 (A) transmitting this information to the Federal Bureau of
119	119	27 Investigation for inclusion in the NICS. and
120	120	28 (B) beginning July 1, 2021, compiling and publishing certain
121	121	29 statistics related to the confiscation and retention of firearms
122	122	30 as described under section 14 of this chapter.
123	123	31 (9) Establish and administer an electronic system for receiving
124	124	32 drug related felony conviction information from courts. The office
125	125	33 of judicial administration shall notify NPLEx of each drug related
126	126	34 felony entered after June 30, 2012, and do the following:
127	127	35 (A) Provide NPLEx with the following information:
128	128	36 (i) The convicted individual's full name.
129	129	37 (ii) The convicted individual's date of birth.
130	130	38 (iii) The convicted individual's driver's license number, state
131	131	39 personal identification number, or other unique number, if
132	132	40 available.
133	133	41 (iv) The date the individual was convicted of the felony.
134	134	42 Upon receipt of the information from the office of judicial
135	135	2022 IN 1233—LS 6640/DI 144 4
136	136	1 administration, a stop sale alert must be generated through
137	137	2 NPLEx for each individual reported under this clause.
138	138	3 (B) Notify NPLEx if the felony of an individual reported under
139	139	4 clause (A) has been:
140	140	5 (i) set aside;
141	141	6 (ii) reversed;
142	142	7 (iii) expunged; or
143	143	8 (iv) vacated.
144	144	9 Upon receipt of information under this clause, NPLEx shall
145	145	10 remove the stop sale alert issued under clause (A) for the
146	146	11 individual.
147	147	12 (10) After July 1, 2018, establish and administer an electronic
148	148	13 system for receiving from courts felony conviction information for
149	149	14 each felony described in IC 20-28-5-8(c). The office of judicial
150	150	15 administration shall notify the department of education at least
151	151	16 one (1) time each week of each felony described in
152	152	17 IC 20-28-5-8(c) entered after July 1, 2018, and do the following:
153	153	18 (A) Provide the department of education with the following
154	154	19 information:
155	155	20 (i) The convicted individual's full name.
156	156	21 (ii) The convicted individual's date of birth.
157	157	22 (iii) The convicted individual's driver's license number, state
158	158	23 personal identification number, or other unique number, if
159	159	24 available.
160	160	25 (iv) The date the individual was convicted of the felony.
161	161	26 (B) Notify the department of education if the felony of an
162	162	27 individual reported under clause (A) has been:
163	163	28 (i) set aside;
164	164	29 (ii) reversed; or
165	165	30 (iii) vacated.
166	166	31 (11) Perform legal and administrative duties for the justices as
167	167	32 determined by the justices.
168	168	33 (12) Provide staff support for the judicial conference of Indiana
169	169	34 established in IC 33-38-9.
170	170	35 (13) Work with the United States Department of Veterans Affairs
171	171	36 to identify and address the needs of veterans in the court system.
172	172	37 (14) If necessary for purposes of IC 35-47-16-1, issue a retired
173	173	38 judicial officer an identification card identifying the retired
174	174	39 judicial officer as a retired judicial officer.
175	175	40 (b) All forms to be used in gathering data must be approved by the
176	176	41 supreme court and shall be distributed to all judges and clerks before
177	177	42 the start of each period for which reports are required.
178	178	2022 IN 1233—LS 6640/DI 144 5
179	179	1 (c) The office of judicial administration may adopt rules to
180	180	2 implement this section.
181	181	3 SECTION 3. IC 33-24-6-14 IS REPEALED [EFFECTIVE JULY 1,
182	182	4 2022]. Sec. 14. (a) The following definitions apply throughout this
183	183	5 section:
184	184	6 (1) "Dangerous" has the meaning set forth in IC 35-47-14-1.
185	185	7 (2) "Firearm" has the meaning set forth in IC 35-47-1-5.
186	186	8 (3) "Office" means the office of judicial administration created by
187	187	9 section 1 of this chapter.
188	188	10 (b) Beginning July 1, 2021, the office shall collect and record the
189	189	11 following information:
190	190	12 (1) The law enforcement agency responsible for each confiscation
191	191	13 of a firearm under IC 35-47-14-2 and IC 35-47-14-3.
192	192	14 (2) The number of:
193	193	15 (A) warrant based firearm confiscations under IC 35-47-14-2;
194	194	16 and
195	195	17 (B) warrantless firearm confiscations under IC 35-47-14-3;
196	196	18 for each county, as applicable, each year.
197	197	19 (3) The total number of:
198	198	20 (A) handguns; and
199	199	21 (B) long guns;
200	200	22 confiscated under IC 35-47-14 for each county, as applicable,
201	201	23 each year.
202	202	24 (4) The county in which a court issues an order that finds or does
203	203	25 not find an individual to be dangerous under IC 35-47-14-6.
204	204	26 (c) The office shall, beginning July 1, 2021, not later than January
205	205	27 1 of each year, submit a report to the legislative council in an electronic
206	206	28 format under IC 5-14-6 that consolidates and presents the information
207	207	29 described in subsection (b).
208	208	30 (d) Notwithstanding subsections (b) and (c) and information
209	209	31 provided to a law enforcement agency for the purposes of handgun
210	210	32 licenses, the office shall not disclose, distribute, transfer, or provide the
211	211	33 following information to any person, entity, agency, or department:
212	212	34 (1) The:
213	213	35 (A) name;
214	214	36 (B) date of birth;
215	215	37 (C) Social Security number;
216	216	38 (D) address; or
217	217	39 (E) other unique identifier;
218	218	40 belonging to or associated with an individual alleged to be
219	219	41 dangerous by a law enforcement officer or found to be dangerous
220	220	42 by a circuit or superior court.
221	221	2022 IN 1233—LS 6640/DI 144 6
222	222	1 (2) The make, model, or serial number of any handgun, long gun,
223	223	2 or firearm seized, confiscated, retained, disposed of, or sold under
224	224	3 IC 35-47-14.
225	225	4 (e) Information:
226	226	5 (1) collected by the office; or
227	227	6 (2) used by the office;
228	228	7 to prepare the report described in subsection (c) is confidential and not
229	229	8 subject to public inspection or copying under IC 5-14-3-3.
230	230	9 (f) The office shall make the report described in subsection (c)
231	231	10 available to the public.
232	232	11 (g) The office may adopt rules under IC 4-22-2 to implement this
233	233	12 section.
234	234	13 SECTION 4. IC 35-31.5-2-81.5 IS REPEALED [EFFECTIVE JULY
235	235	14 1, 2022]. Sec. 81.5. "Dangerous", for purposes of IC 35-47-4-6.5,
236	236	15 IC 35-47-4-6.7, and IC 35-47-14, has the meaning set forth in
237	237	16 IC 35-47-14-1.
238	238	17 SECTION 5. IC 35-33-5-1, AS AMENDED BY P.L.1-2006,
239	239	18 SECTION 526, IS AMENDED TO READ AS FOLLOWS
240	240	19 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) A court may issue warrants
241	241	20 only upon probable cause, supported by oath or affirmation, to search
242	242	21 any place for any of the following:
243	243	22 (1) Property which is obtained unlawfully.
244	244	23 (2) Property, the possession of which is unlawful.
245	245	24 (3) Property used or possessed with intent to be used as the means
246	246	25 of committing an offense or concealed to prevent an offense from
247	247	26 being discovered.
248	248	27 (4) Property constituting evidence of an offense or tending to
249	249	28 show that a particular person committed an offense.
250	250	29 (5) Any person.
251	251	30 (6) Evidence necessary to enforce statutes enacted to prevent
252	252	31 cruelty to or neglect of children.
253	253	32 (7) A firearm possessed by a person who is dangerous (as defined
254	254	33 in IC 35-47-14-1).
255	255	34 (b) As used in this section, "place" includes any location where
256	256	35 property might be secreted or hidden, including buildings, persons, or
257	257	36 vehicles.
258	258	37 SECTION 6. IC 35-33-5-5, AS AMENDED BY P.L.1-2007,
259	259	38 SECTION 225, IS AMENDED TO READ AS FOLLOWS
260	260	39 [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) All items of property seized
261	261	40 by any law enforcement agency as a result of an arrest, search warrant,
262	262	41 or warrantless search, shall be securely held by the law enforcement
263	263	42 agency under the order of the court trying the cause, except as provided
264	264	2022 IN 1233—LS 6640/DI 144 7
265	265	1 in this section.
266	266	2 (b) Evidence that consists of property obtained unlawfully from its
267	267	3 owner may be returned by the law enforcement agency to the owner
268	268	4 before trial, in accordance with IC 35-43-4-4(h).
269	269	5 (c) Following the final disposition of the cause at trial level or any
270	270	6 other final disposition the following shall be done:
271	271	7 (1) Property which may be lawfully possessed shall be returned
272	272	8 to its rightful owner, if known. If ownership is unknown, a
273	273	9 reasonable attempt shall be made by the law enforcement agency
274	274	10 holding the property to ascertain ownership of the property. After
275	275	11 ninety (90) days from the time:
276	276	12 (A) the rightful owner has been notified to take possession of
277	277	13 the property; or
278	278	14 (B) a reasonable effort has been made to ascertain ownership
279	279	15 of the property;
280	280	16 the law enforcement agency holding the property shall, at a
281	281	17 convenient time, dispose of this property at a public auction. The
282	282	18 proceeds of this property shall be paid into the county general
283	283	19 fund.
284	284	20 (2) Except as provided in subsection (e), property, the possession
285	285	21 of which is unlawful, shall be destroyed by the law enforcement
286	286	22 agency holding it sixty (60) days after final disposition of the
287	287	23 cause.
288	288	24 (3) A firearm that has been seized from a person who is
289	289	25 dangerous (as defined in IC 35-47-14-1 (before its repeal)) shall
290	290	26 be retained, returned, or disposed of in accordance with
291	291	27 IC 35-47-14.
292	292	28 (d) If any property described in subsection (c) was admitted into
293	293	29 evidence in the cause, the property shall be disposed of in accordance
294	294	30 with an order of the court trying the cause.
295	295	31 (e) A law enforcement agency may destroy or cause to be destroyed
296	296	32 chemicals, controlled substances, or chemically contaminated
297	297	33 equipment (including drug paraphernalia as described in
298	298	34 IC 35-48-4-8.5) associated with the illegal manufacture of drugs or
299	299	35 controlled substances without a court order if all the following
300	300	36 conditions are met:
301	301	37 (1) The law enforcement agency collects and preserves a
302	302	38 sufficient quantity of the chemicals, controlled substances, or
303	303	39 chemically contaminated equipment to demonstrate that the
304	304	40 chemicals, controlled substances, or chemically contaminated
305	305	41 equipment was associated with the illegal manufacture of drugs
306	306	42 or controlled substances.
307	307	2022 IN 1233—LS 6640/DI 144 8
308	308	1 (2) The law enforcement agency takes photographs of the illegal
309	309	2 drug manufacturing site that accurately depict the presence and
310	310	3 quantity of chemicals, controlled substances, and chemically
311	311	4 contaminated equipment.
312	312	5 (3) The law enforcement agency completes a chemical inventory
313	313	6 report that describes the type and quantities of chemicals,
314	314	7 controlled substances, and chemically contaminated equipment
315	315	8 present at the illegal manufacturing site.
316	316	9 The photographs and description of the property shall be admissible
317	317	10 into evidence in place of the actual physical evidence.
318	318	11 (f) For purposes of preserving the record of any conviction on
319	319	12 appeal, a photograph demonstrating the nature of the property, and an
320	320	13 adequate description of the property must be obtained before the
321	321	14 disposition of the property. In the event of a retrial, the photograph and
322	322	15 description of the property shall be admissible into evidence in place
323	323	16 of the actual physical evidence. All other rules of law governing the
324	324	17 admissibility of evidence shall apply to the photographs.
325	325	18 (g) The law enforcement agency disposing of property in any
326	326	19 manner provided in subsection (b), (c), or (e) shall maintain certified
327	327	20 records of any disposition under subsection (b), (c), or (e). Disposition
328	328	21 by destruction of property shall be witnessed by two (2) persons who
329	329	22 shall also attest to the destruction.
330	330	23 (h) This section does not affect the procedure for the disposition of
331	331	24 firearms seized by a law enforcement agency.
332	332	25 (i) A law enforcement agency that disposes of property by auction
333	333	26 under this section shall permanently stamp or otherwise permanently
334	334	27 identify the property as property sold by the law enforcement agency.
335	335	28 (j) Upon motion of the prosecuting attorney, the court shall order
336	336	29 property seized under IC 34-24-1 transferred, subject to the perfected
337	337	30 liens or other security interests of any person in the property, to the
338	338	31 appropriate federal authority for disposition under 18 U.S.C. 981(e), 19
339	339	32 U.S.C. 1616a, or 21 U.S.C. 881(e) and any related regulations adopted
340	340	33 by the United States Department of Justice.
341	341	34 SECTION 7. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021,
342	342	35 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
343	343	36 JULY 1, 2022]: Sec. 3. (a) As used in this section, "consumer product"
344	344	37 has the meaning set forth in IC 35-45-8-1.
345	345	38 (b) As used in this section, "misconduct" means a violation of a
346	346	39 departmental rule or procedure of a law enforcement agency.
347	347	40 (c) A person who reports that:
348	348	41 (1) the person or another person has placed or intends to place an
349	349	42 explosive, a destructive device, or other destructive substance in
350	350	2022 IN 1233—LS 6640/DI 144 9
351	351	1 a building or transportation facility;
352	352	2 (2) there has been or there will be tampering with a consumer
353	353	3 product introduced into commerce; or
354	354	4 (3) there has been or will be placed or introduced a weapon of
355	355	5 mass destruction in a building or a place of assembly;
356	356	6 knowing the report to be false, commits false reporting, a Level 6
357	357	7 felony.
358	358	8 (d) A person who:
359	359	9 (1) gives:
360	360	10 (A) a false report of the commission of a crime; or
361	361	11 (B) false information to a law enforcement officer that relates
362	362	12 to the commission of a crime;
363	363	13 knowing the report or information to be false;
364	364	14 (2) gives a false alarm of fire to the fire department of a
365	365	15 governmental entity, knowing the alarm to be false;
366	366	16 (3) makes a false request for ambulance service to an ambulance
367	367	17 service provider, knowing the request to be false;
368	368	18 (4) gives a false report concerning a missing child (as defined in
369	369	19 IC 10-13-5-4) or missing endangered adult (as defined in
370	370	20 IC 12-7-2-131.3) or gives false information to a law enforcement
371	371	21 officer or a governmental entity that relates to a missing child or
372	372	22 missing endangered adult knowing the report or information to be
373	373	23 false;
374	374	24 (5) makes a complaint against a law enforcement officer to the
375	375	25 state or municipality (as defined in IC 8-1-13-3(b)) that employs
376	376	26 the officer:
377	377	27 (A) alleging the officer engaged in misconduct while
378	378	28 performing the officer's duties; and
379	379	29 (B) knowing the complaint to be false;
380	380	30 (6) makes a false report of a missing person, knowing the report
381	381	31 or information is false; or
382	382	32 (7) gives a false report of actions, behavior, or conditions
383	383	33 concerning:
384	384	34 (A) a septic tank soil absorption system under IC 8-1-2-125 or
385	385	35 IC 13-26-5-2.5; or
386	386	36 (B) a septic tank soil absorption system or constructed wetland
387	387	37 septic system under IC 36-9-23-30.1;
388	388	38 knowing the report or information to be false; or
389	389	39 (8) makes a false report that a person is dangerous (as defined in
390	390	40 IC 35-47-14-1) knowing the report or information to be false;
391	391	41 commits false informing, a Class B misdemeanor. However, the offense
392	392	42 is a Class A misdemeanor if it substantially hinders any law
393	393	2022 IN 1233—LS 6640/DI 144 10
394	394	1 enforcement process or if it results in harm to another person.
395	395	2 SECTION 8. IC 35-47-1-7, AS AMENDED BY P.L.289-2019,
396	396	3 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
397	397	4 JULY 1, 2022]: Sec. 7. "Proper person" means a person who:
398	398	5 (1) does not have a conviction for resisting law enforcement
399	399	6 under IC 35-44.1-3-1 within five (5) years before the person
400	400	7 applies for a license or permit under this chapter;
401	401	8 (2) does not have a conviction for a crime for which the person
402	402	9 could have been sentenced for more than one (1) year;
403	403	10 (3) does not have a conviction for a crime of domestic violence
404	404	11 (as defined in IC 35-31.5-2-78), unless a court has restored the
405	405	12 person's right to possess a firearm under IC 35-47-4-7;
406	406	13 (4) is not prohibited by a court order from possessing a handgun;
407	407	14 (5) does not have a record of being an alcohol or drug abuser as
408	408	15 defined in this chapter;
409	409	16 (6) does not have documented evidence which would give rise to
410	410	17 a reasonable belief that the person has a propensity for violent or
411	411	18 emotionally unstable conduct;
412	412	19 (7) does not make a false statement of material fact on the
413	413	20 person's application;
414	414	21 (8) does not have a conviction for any crime involving an inability
415	415	22 to safely handle a handgun;
416	416	23 (9) does not have a conviction for violation of the provisions of
417	417	24 this article within five (5) years of the person's application;
418	418	25 (10) does not have an adjudication as a delinquent child for an act
419	419	26 that would be a felony if committed by an adult, if the person
420	420	27 applying for a license or permit under this chapter is less than
421	421	28 twenty-three (23) years of age;
422	422	29 (11) has not been involuntarily committed, other than a temporary
423	423	30 commitment for observation or evaluation, to a mental institution
424	424	31 by a court, board, commission, or other lawful authority;
425	425	32 (12) has not been the subject of a:
426	426	33 (A) ninety (90) day commitment as a result of proceeding
427	427	34 under IC 12-26-6; or
428	428	35 (B) regular commitment under IC 12-26-7; or
429	429	36 (13) has not been found by a court to be mentally incompetent,
430	430	37 including being found:
431	431	38 (A) not guilty by reason of insanity;
432	432	39 (B) guilty but mentally ill; or
433	433	40 (C) incompetent to stand trial. or
434	434	41 (14) is not currently designated as dangerous (as defined in
435	435	42 IC 35-47-14-1) by a court following a hearing under
436	436	2022 IN 1233—LS 6640/DI 144 11
437	437	1 IC 35-47-14-6.
438	438	2 SECTION 9. IC 35-47-4-6.5 IS REPEALED [EFFECTIVE JULY
439	439	3 1, 2022]. Sec. 6.5. A person who:
440	440	4 (1) has been found to be dangerous by a circuit or superior court
441	441	5 having jurisdiction over the person following a hearing under
442	442	6 IC 35-47-14-6; and
443	443	7 (2) knowingly or intentionally:
444	444	8 (A) rents;
445	445	9 (B) purchases;
446	446	10 (C) receives transfer of;
447	447	11 (D) owns; or
448	448	12 (E) possesses;
449	449	13 a firearm commits unlawful possession of a firearm by a dangerous
450	450	14 person, a Class A misdemeanor.
451	451	15 SECTION 10. IC 35-47-4-6.7 IS REPEALED [EFFECTIVE JULY
452	452	16 1, 2022]. Sec. 6.7. A person who knowingly or intentionally rents,
453	453	17 transfers, sells, or offers for sale a firearm to another person who the
454	454	18 person knows to be found dangerous by a circuit or superior court
455	455	19 following a hearing under IC 35-47-14-6 commits unlawful transfer of
456	456	20 a firearm to a dangerous person, a Level 5 felony.
457	457	21 SECTION 11. IC 35-47-14-1 IS REPEALED [EFFECTIVE JULY
458	458	22 1, 2022]. Sec. 1. (a) For the purposes of this chapter, an individual is
459	459	23 "dangerous" if:
460	460	24 (1) the individual presents an imminent risk of personal injury to
461	461	25 the individual or to another individual; or
462	462	26 (2) it is probable that the individual will present a risk of personal
463	463	27 injury to the individual or to another individual in the future and
464	464	28 the individual:
465	465	29 (A) has a mental illness (as defined in IC 12-7-2-130) that may
466	466	30 be controlled by medication, and has not demonstrated a
467	467	31 pattern of voluntarily and consistently taking the individual's
468	468	32 medication while not under supervision; or
469	469	33 (B) is the subject of documented evidence that would give rise
470	470	34 to a reasonable belief that the individual has a propensity for
471	471	35 violent or suicidal conduct.
472	472	36 (b) The fact that an individual has been released from a mental
473	473	37 health facility or has a mental illness that is currently controlled by
474	474	38 medication does not establish that the individual is dangerous for the
475	475	39 purposes of this chapter.
476	476	40 SECTION 12. IC 35-47-14-1.5, AS ADDED BY P.L.289-2019,
477	477	41 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
478	478	42 JULY 1, 2022]: Sec. 1.5. For the purposes of this chapter, an individual
479	479	2022 IN 1233—LS 6640/DI 144 12
480	480	1 is a "responsible third party" if:
481	481	2 (1) the individual does not cohabitate with the person found to be
482	482	3 dangerous in the hearing conducted under section 6 of this
483	483	4 chapter (before its repeal);
484	484	5 (2) the individual is a proper person (as defined under
485	485	6 IC 35-47-1-7) who may lawfully possess a firearm; and
486	486	7 (3) the individual is willing to enter into a written court agreement
487	487	8 to accept the transfer of the firearm as a responsible third party
488	488	9 under section 10 of this chapter.
489	489	10 SECTION 13. IC 35-47-14-2 IS REPEALED [EFFECTIVE JULY
490	490	11 1, 2022]. Sec. 2. (a) A circuit or superior court may issue a warrant to
491	491	12 search for and seize a firearm in the possession of an individual who is
492	492	13 dangerous if:
493	493	14 (1) a law enforcement officer provides the court a sworn affidavit
494	494	15 that:
495	495	16 (A) states why the law enforcement officer believes that the
496	496	17 individual is dangerous and in possession of a firearm; and
497	497	18 (B) describes the law enforcement officer's interactions and
498	498	19 conversations with:
499	499	20 (i) the individual who is alleged to be dangerous; or
500	500	21 (ii) another individual, if the law enforcement officer
501	501	22 believes that information obtained from this individual is
502	502	23 credible and reliable;
503	503	24 that have led the law enforcement officer to believe that the
504	504	25 individual is dangerous and in possession of a firearm;
505	505	26 (2) the affidavit specifically describes the location of the firearm;
506	506	27 and
507	507	28 (3) the circuit or superior court determines that probable cause
508	508	29 exists to believe that the individual is:
509	509	30 (A) dangerous; and
510	510	31 (B) in possession of a firearm.
511	511	32 (b) A law enforcement agency responsible for the seizure of the
512	512	33 firearm under this section shall file a search warrant return with the
513	513	34 court setting forth the:
514	514	35 (1) quantity; and
515	515	36 (2) type;
516	516	37 of each firearm seized from an individual under this section. Beginning
517	517	38 July 1, 2021, the court shall provide information described under this
518	518	39 subsection to the office of judicial administration in a manner required
519	519	40 by the office.
520	520	41 SECTION 14. IC 35-47-14-3 IS REPEALED [EFFECTIVE JULY
521	521	42 1, 2022]. Sec. 3. (a) If a law enforcement officer seizes a firearm from
522	522	2022 IN 1233—LS 6640/DI 144 13
523	523	1 an individual whom the law enforcement officer believes to be
524	524	2 dangerous without obtaining a warrant, the law enforcement officer
525	525	3 shall submit to the circuit or superior court having jurisdiction over the
526	526	4 individual believed to be dangerous an affidavit describing the basis for
527	527	5 the law enforcement officer's belief that the individual is dangerous.
528	528	6 (b) An affidavit described in subsection (a) shall:
529	529	7 (1) set forth the quantity and type of each firearm seized from the
530	530	8 individual under this section; and
531	531	9 (2) be submitted to a circuit or superior court having jurisdiction
532	532	10 over the individual believed to be dangerous not later than
533	533	11 forty-eight (48) hours after the seizure of the firearm.
534	534	12 (c) The court shall review the affidavit described in subsection (a)
535	535	13 as soon as possible.
536	536	14 (d) If the court finds that probable cause exists to believe that the
537	537	15 individual is dangerous, the court shall order the law enforcement
538	538	16 agency having custody of the firearm to retain the firearm. Beginning
539	539	17 July 1, 2021, the court shall provide information described under this
540	540	18 subsection and subsection (b)(1) to the office of judicial administration
541	541	19 in a manner required by the office.
542	542	20 (e) If the court finds that there is no probable cause to believe that
543	543	21 the individual is dangerous, the court shall order the law enforcement
544	544	22 agency having custody of the firearm to return the firearm to the
545	545	23 individual as quickly as practicable, but not later than five (5) days
546	546	24 after the date of the order.
547	547	25 SECTION 15. IC 35-47-14-4 IS REPEALED [EFFECTIVE JULY
548	548	26 1, 2022]. Sec. 4. If a court issued a warrant to seize a firearm under this
549	549	27 chapter, the law enforcement officer who served the warrant shall, not
550	550	28 later than forty-eight (48) hours after the warrant was served, file a
551	551	29 return with the court that:
552	552	30 (1) states that the warrant was served; and
553	553	31 (2) sets forth:
554	554	32 (A) the time and date on which the warrant was served;
555	555	33 (B) the name and address of the individual named in the
556	556	34 warrant; and
557	557	35 (C) the quantity and identity of any firearms seized by the law
558	558	36 enforcement officer.
559	559	37 SECTION 16. IC 35-47-14-5 IS REPEALED [EFFECTIVE JULY
560	560	38 1, 2022]. Sec. 5. (a) After the filing of a search warrant return under
561	561	39 section 2 of this chapter or the filing of an affidavit under section 3 of
562	562	40 this chapter, the court shall conduct a hearing.
563	563	41 (b) The court shall make a good faith effort to conduct the hearing
564	564	42 not later than fourteen (14) days after the filing of a search warrant
565	565	2022 IN 1233—LS 6640/DI 144 14
566	566	1 return under section 2 of this chapter or the filing of an affidavit under
567	567	2 section 3 of this chapter. If the hearing cannot be conducted within
568	568	3 fourteen (14) days after the filing of the search warrant return or
569	569	4 affidavit, the court shall conduct the hearing as soon as possible.
570	570	5 However, a request for a continuance of the hearing described in this
571	571	6 subsection for a period of not more than sixty (60) days from the
572	572	7 individual from whom the firearm was seized shall be liberally granted.
573	573	8 The court shall inform:
574	574	9 (1) the prosecuting attorney; and
575	575	10 (2) the individual from whom the firearm was seized;
576	576	11 of the date, time, and location of the hearing. The court may conduct
577	577	12 the hearing at a facility or other suitable place not likely to have a
578	578	13 harmful effect upon the individual's health or well-being.
579	579	14 SECTION 17. IC 35-47-14-6 IS REPEALED [EFFECTIVE JULY
580	580	15 1, 2022]. Sec. 6. (a) The court shall conduct a hearing as required under
581	581	16 this chapter.
582	582	17 (b) The state has the burden of proving all material facts by clear
583	583	18 and convincing evidence.
584	584	19 (c) If the court determines that the state has proved by clear and
585	585	20 convincing evidence that the individual is dangerous, the court shall
586	586	21 issue a written order:
587	587	22 (1) finding the individual is dangerous (as defined in section 1 of
588	588	23 this chapter);
589	589	24 (2) ordering the law enforcement agency having custody of the
590	590	25 seized firearm to retain the firearm;
591	591	26 (3) ordering the individual's license to carry a handgun, if
592	592	27 applicable, suspended; and
593	593	28 (4) enjoining the individual from:
594	594	29 (A) renting;
595	595	30 (B) receiving transfer of;
596	596	31 (C) owning; or
597	597	32 (D) possessing;
598	598	33 a firearm; and
599	599	34 determine whether the individual should be referred to further
600	600	35 proceedings to consider whether the individual should be involuntarily
601	601	36 detained or committed under IC 12-26-6-2(a)(2)(B).
602	602	37 (d) If the court finds that the individual is dangerous under
603	603	38 subsection (c), the clerk shall transmit the order of the court to the
604	604	39 office of judicial administration:
605	605	40 (1) for transmission to NICS (as defined in IC 35-47-2.5-2.5); and
606	606	41 (2) beginning July 1, 2021, for the collection of certain data
607	607	42 related to the confiscation and retention of firearms taken from
608	608	2022 IN 1233—LS 6640/DI 144 15
609	609	1 dangerous individuals;
610	610	2 in accordance with IC 33-24-6-3.
611	611	3 (e) If the court orders a law enforcement agency to retain a firearm,
612	612	4 the law enforcement agency shall retain the firearm until the court
613	613	5 orders the firearm returned or otherwise disposed of.
614	614	6 (f) If the court determines that the state has failed to prove by clear
615	615	7 and convincing evidence that the individual is dangerous, the court
616	616	8 shall issue a written order that:
617	617	9 (1) the individual is not dangerous (as defined in section 1 of this
618	618	10 chapter); and
619	619	11 (2) the law enforcement agency having custody of the firearm
620	620	12 shall return the firearm as quickly as practicable, but not later
621	621	13 than five (5) days after the date of the order, to the individual
622	622	14 from whom it was seized.
623	623	15 SECTION 18. IC 35-47-14-7 IS REPEALED [EFFECTIVE JULY
624	624	16 1, 2022]. Sec. 7. If the court, in a hearing conducted under section 5 of
625	625	17 this chapter, determines that:
626	626	18 (1) the individual from whom a firearm was seized is dangerous;
627	627	19 and
628	628	20 (2) the firearm seized from the individual is owned by another
629	629	21 individual;
630	630	22 the court may order the law enforcement agency having custody of the
631	631	23 firearm to return the firearm to the owner of the firearm.
632	632	24 SECTION 19. IC 35-47-14-8, AS AMENDED BY P.L.142-2020,
633	633	25 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
634	634	26 JULY 1, 2022]: Sec. 8. (a) If a court ordered a law enforcement
635	635	27 agency to retain a firearm under section 3 or 6 of this chapter
636	636	28 (before their repeal), the law enforcement agency shall retain the
637	637	29 firearm until the court orders the firearm returned or otherwise
638	638	30 disposed of.
639	639	31 (a) (b) At least one hundred eighty (180) days After the date on
640	640	32 which a court orders a law enforcement agency to retain an individual's
641	641	33 firearm under section 6(c) of this chapter (before its repeal), the
642	642	34 individual may petition the court for a finding that the individual is no
643	643	35 longer dangerous.
644	644	36 (b) (c) Upon receipt of a petition described in subsection (a), (b), the
645	645	37 court shall:
646	646	38 (1) enter an order setting a date for a hearing on the petition; and
647	647	39 (2) inform the prosecuting attorney of the date, time, and location
648	648	40 of the hearing.
649	649	41 (c) (d) The prosecuting attorney shall represent the state at the
650	650	42 hearing on a petition under this section.
651	651	2022 IN 1233—LS 6640/DI 144 16
652	652	1 (d) (e) In a hearing on a petition under this section, the individual
653	653	2 may be represented by an attorney.
654	654	3 (e) (f) In a hearing on a petition under this section, filed:
655	655	4 (1) not later than one (1) year after the date of the order issued
656	656	5 under section 6(c) of this chapter, the individual must prove by a
657	657	6 preponderance of the evidence that the individual is no longer
658	658	7 dangerous; and
659	659	8 (2) later than one (1) year after the date of the order issued under
660	660	9 section 6(c) of this chapter, the state must prove by clear and
661	661	10 convincing evidence that the individual is still dangerous.
662	662	11 otherwise prohibited by law from possessing a firearm.
663	663	12 (f) (g) If, upon the completion of the hearing and consideration of
664	664	13 the record, the court finds that the individual is no longer dangerous,
665	665	14 not otherwise prohibited by law from possessing a firearm, the
666	666	15 court shall:
667	667	16 (1) issue a court order that finds that the individual is no longer
668	668	17 dangerous;
669	669	18 (2) order the law enforcement agency having custody of any
670	670	19 firearm to return the firearm as quickly as practicable, but not
671	671	20 later than five (5) days after the date of the order, to the
672	672	21 individual;
673	673	22 (3) terminate any injunction issued under section 6 of this chapter
674	674	23 (before its repeal); and
675	675	24 (4) terminate the suspension of the individual's license to carry a
676	676	25 handgun so that the individual may reapply for a license.
677	677	26 (g) (h) If the court denies an individual's petition under this section,
678	678	27 the individual may not file a subsequent petition until at least one
679	679	28 hundred eighty (180) days after the date on which the court denied the
680	680	29 petition.
681	681	30 (h) (i) If a court issues an order described under subsection (f), (g),
682	682	31 the court's order shall be transmitted, as soon as practicable, to the
683	683	32 office of judicial administration for transmission to the NICS (as
684	684	33 defined in IC 35-47-2.5-2.5). and, beginning July 1, 2021, for the
685	685	34 collection of certain data related to the confiscation and retention of
686	686	35 firearms taken from dangerous individuals in accordance with
687	687	36 IC 33-24-6-3.
688	688	37 SECTION 20. IC 35-47-14-10, AS AMENDED BY P.L.289-2019,
689	689	38 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
690	690	39 JULY 1, 2022]: Sec. 10. (a) If a court has ordered a law enforcement
691	691	40 agency to retain an individual's firearm under section 6 of this chapter
692	692	41 (before its repeal), the individual or the rightful owner of the firearm,
693	693	42 as applicable, may petition the court to order the law enforcement
694	694	2022 IN 1233—LS 6640/DI 144 17
695	695	1 agency to:
696	696	2 (1) transfer the firearm to a responsible third party as described
697	697	3 under section 1.5 of this chapter;
698	698	4 (2) transfer the firearm to an individual who possesses a valid
699	699	5 federal firearms license issued under 18 U.S.C. 923 for storage or
700	700	6 an eventual lawful sale whose terms are mutually agreed upon
701	701	7 between the licensee and the individual or rightful owner, as
702	702	8 applicable; or
703	703	9 (3) sell the firearm at auction under IC 35-47-3-2 and return the
704	704	10 proceeds to the individual or the rightful owner of the firearm, as
705	705	11 applicable.
706	706	12 The responsible third party who accepts transfer of the firearm from the
707	707	13 law enforcement agency under a court order under this section shall
708	708	14 enter into a written court agreement that obligates the responsible third
709	709	15 party to the reasonable care and storage of the firearm, including not
710	710	16 providing access or transferring the firearm to the individual found to
711	711	17 be dangerous in a hearing under section 6 of this chapter (before its
712	712	18 repeal).
713	713	19 (b) An individual or rightful owner of the firearm may petition the
714	714	20 court as described in subsection (a):
715	715	21 (1) at the hearing described in section 6 or 9 of this chapter; or
716	716	22 (2) at any time before the hearing described in section 6 or 9 of
717	717	23 this chapter is held.
718	718	24 (c) If an individual or rightful owner timely requests a sale or
719	719	25 transfer of a firearm under subsection (a), the court shall order the law
720	720	26 enforcement agency having custody of the firearm to transfer the
721	721	27 firearm or sell the firearm at auction under IC 35-47-3-2, unless:
722	722	28 (1) the serial number of the firearm has been obliterated;
723	723	29 (2) the transfer of the firearm would be unlawful; or
724	724	30 (3) the requirements of subsection (a) have not been met.
725	725	31 (d) If the court issues an order under subsection (c), the court's order
726	726	32 must require:
727	727	33 (1) that the firearm be sold not more than one (1) year after
728	728	34 receipt of the order; and
729	729	35 (2) that the proceeds of the sale be returned to the individual or
730	730	36 rightful owner of the firearm.
731	731	37 (e) A law enforcement agency may retain not more than eight
732	732	38 percent (8%) of the sale price to pay the costs of the sale, including
733	733	39 administrative costs and the auctioneer's fee.
734	734	2022 IN 1233—LS 6640/DI 144