Introduced Version
HOUSE BILL No. 1233
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-26-6-2; IC 33-24-6; IC 35-31.5-2-81.5;
IC 35-33-5; IC 35-44.1-2-3; IC 35-47.
Synopsis: Possession of firearms. Repeals provisions concerning the:
(1) confiscation and retention of firearms from a dangerous person; (2)
compilation and publication of statistics related to the confiscation and
retention of firearms from a dangerous person; and (3) making of a
false report that a person is dangerous. Modifies a provision concerning
a petition to find that an individual is no longer dangerous.
Effective: July 1, 2022.
Payne, Nisly, Jacob
January 6, 2022, read first time and referred to Committee on Public Policy.
2022 IN 1233—LS 6640/DI 144 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1233
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 12-26-6-2, AS AMENDED BY P.L.289-2019,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 2. (a) A commitment under this chapter may be
4 begun by any of the following methods:
5 (1) Upon request of the superintendent under IC 12-26-3-5.
6 (2) An order of the court
7 (A) having jurisdiction over the individual following
8 emergency detention. or
9 (B) referring an individual:
10 (i) following a hearing under IC 35-47-14-6; and
11 (ii) after a physicians written statement has been filed setting
12 forth the requirements described in subsections (c)(1) and
13 (c)(2) of this section.
14 (3) Filing a petition with a court having jurisdiction in the county:
15 (A) of residence of the individual; or
16 (B) where the individual may be found.
17 (b) A petitioner under subsection (a)(3) must be at least eighteen
2022 IN 1233—LS 6640/DI 144 2
1 (18) years of age.
2 (c) A petition under subsection (a)(3) must include a physician's
3 written statement stating both of the following:
4 (1) The physician has examined the individual within the past
5 thirty (30) days.
6 (2) The physician believes the individual is:
7 (A) mentally ill and either dangerous or gravely disabled; and
8 (B) in need of custody, care, or treatment in an appropriate
9 facility.
10 SECTION 2. IC 33-24-6-3, AS AMENDED BY P.L.115-2021,
11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 3. (a) The office of judicial administration shall
13 do the following:
14 (1) Examine the administrative and business methods and systems
15 employed in the offices of the clerks of court and other offices
16 related to and serving the courts and make recommendations for
17 necessary improvement.
18 (2) Collect and compile statistical data and other information on
19 the judicial work of the courts in Indiana. All justices of the
20 supreme court, judges of the court of appeals, judges of all trial
21 courts, and any city or town courts, whether having general or
22 special jurisdiction, court clerks, court reporters, and other
23 officers and employees of the courts shall, upon notice by the
24 chief administrative officer and in compliance with procedures
25 prescribed by the chief administrative officer, furnish the chief
26 administrative officer the information as is requested concerning
27 the nature and volume of judicial business. The information must
28 include the following:
29 (A) The volume, condition, and type of business conducted by
30 the courts.
31 (B) The methods of procedure in the courts.
32 (C) The work accomplished by the courts.
33 (D) The receipt and expenditure of public money by and for
34 the operation of the courts.
35 (E) The methods of disposition or termination of cases.
36 (3) Prepare and publish reports, not less than one (1) or more than
37 two (2) times per year, on the nature and volume of judicial work
38 performed by the courts as determined by the information
39 required in subdivision (2).
40 (4) Serve the judicial nominating commission and the judicial
41 qualifications commission in the performance by the commissions
42 of their statutory and constitutional functions.
2022 IN 1233—LS 6640/DI 144 3
1 (5) Administer the civil legal aid fund as required by IC 33-24-12.
2 (6) Administer the court technology fund established by section
3 12 of this chapter.
4 (7) By December 31, 2013, develop and implement a standard
5 protocol for sending and receiving court data:
6 (A) between the protective order registry, established by
7 IC 5-2-9-5.5, and county court case management systems;
8 (B) at the option of the county prosecuting attorney, for:
9 (i) a prosecuting attorney's case management system;
10 (ii) a county court case management system; and
11 (iii) a county court case management system developed and
12 operated by the office of judicial administration;
13 to interface with the electronic traffic tickets, as defined by
14 IC 9-30-3-2.5; and
15 (C) between county court case management systems and the
16 case management system developed and operated by the office
17 of judicial administration.
18 The standard protocol developed and implemented under this
19 subdivision shall permit private sector vendors, including vendors
20 providing service to a local system and vendors accessing the
21 system for information, to send and receive court information on
22 an equitable basis and at an equitable cost.
23 (8) Establish and administer an electronic system for receiving
24 information that relates to certain individuals who may be
25 prohibited from possessing a firearm for the purpose of
26 (A) transmitting this information to the Federal Bureau of
27 Investigation for inclusion in the NICS. and
28 (B) beginning July 1, 2021, compiling and publishing certain
29 statistics related to the confiscation and retention of firearms
30 as described under section 14 of this chapter.
31 (9) Establish and administer an electronic system for receiving
32 drug related felony conviction information from courts. The office
33 of judicial administration shall notify NPLEx of each drug related
34 felony entered after June 30, 2012, and do the following:
35 (A) Provide NPLEx with the following information:
36 (i) The convicted individual's full name.
37 (ii) The convicted individual's date of birth.
38 (iii) The convicted individual's driver's license number, state
39 personal identification number, or other unique number, if
40 available.
41 (iv) The date the individual was convicted of the felony.
42 Upon receipt of the information from the office of judicial
2022 IN 1233—LS 6640/DI 144 4
1 administration, a stop sale alert must be generated through
2 NPLEx for each individual reported under this clause.
3 (B) Notify NPLEx if the felony of an individual reported under
4 clause (A) has been:
5 (i) set aside;
6 (ii) reversed;
7 (iii) expunged; or
8 (iv) vacated.
9 Upon receipt of information under this clause, NPLEx shall
10 remove the stop sale alert issued under clause (A) for the
11 individual.
12 (10) After July 1, 2018, establish and administer an electronic
13 system for receiving from courts felony conviction information for
14 each felony described in IC 20-28-5-8(c). The office of judicial
15 administration shall notify the department of education at least
16 one (1) time each week of each felony described in
17 IC 20-28-5-8(c) entered after July 1, 2018, and do the following:
18 (A) Provide the department of education with the following
19 information:
20 (i) The convicted individual's full name.
21 (ii) The convicted individual's date of birth.
22 (iii) The convicted individual's driver's license number, state
23 personal identification number, or other unique number, if
24 available.
25 (iv) The date the individual was convicted of the felony.
26 (B) Notify the department of education if the felony of an
27 individual reported under clause (A) has been:
28 (i) set aside;
29 (ii) reversed; or
30 (iii) vacated.
31 (11) Perform legal and administrative duties for the justices as
32 determined by the justices.
33 (12) Provide staff support for the judicial conference of Indiana
34 established in IC 33-38-9.
35 (13) Work with the United States Department of Veterans Affairs
36 to identify and address the needs of veterans in the court system.
37 (14) If necessary for purposes of IC 35-47-16-1, issue a retired
38 judicial officer an identification card identifying the retired
39 judicial officer as a retired judicial officer.
40 (b) All forms to be used in gathering data must be approved by the
41 supreme court and shall be distributed to all judges and clerks before
42 the start of each period for which reports are required.
2022 IN 1233—LS 6640/DI 144 5
1 (c) The office of judicial administration may adopt rules to
2 implement this section.
3 SECTION 3. IC 33-24-6-14 IS REPEALED [EFFECTIVE JULY 1,
4 2022]. Sec. 14. (a) The following definitions apply throughout this
5 section:
6 (1) "Dangerous" has the meaning set forth in IC 35-47-14-1.
7 (2) "Firearm" has the meaning set forth in IC 35-47-1-5.
8 (3) "Office" means the office of judicial administration created by
9 section 1 of this chapter.
10 (b) Beginning July 1, 2021, the office shall collect and record the
11 following information:
12 (1) The law enforcement agency responsible for each confiscation
13 of a firearm under IC 35-47-14-2 and IC 35-47-14-3.
14 (2) The number of:
15 (A) warrant based firearm confiscations under IC 35-47-14-2;
16 and
17 (B) warrantless firearm confiscations under IC 35-47-14-3;
18 for each county, as applicable, each year.
19 (3) The total number of:
20 (A) handguns; and
21 (B) long guns;
22 confiscated under IC 35-47-14 for each county, as applicable,
23 each year.
24 (4) The county in which a court issues an order that finds or does
25 not find an individual to be dangerous under IC 35-47-14-6.
26 (c) The office shall, beginning July 1, 2021, not later than January
27 1 of each year, submit a report to the legislative council in an electronic
28 format under IC 5-14-6 that consolidates and presents the information
29 described in subsection (b).
30 (d) Notwithstanding subsections (b) and (c) and information
31 provided to a law enforcement agency for the purposes of handgun
32 licenses, the office shall not disclose, distribute, transfer, or provide the
33 following information to any person, entity, agency, or department:
34 (1) The:
35 (A) name;
36 (B) date of birth;
37 (C) Social Security number;
38 (D) address; or
39 (E) other unique identifier;
40 belonging to or associated with an individual alleged to be
41 dangerous by a law enforcement officer or found to be dangerous
42 by a circuit or superior court.
2022 IN 1233—LS 6640/DI 144 6
1 (2) The make, model, or serial number of any handgun, long gun,
2 or firearm seized, confiscated, retained, disposed of, or sold under
3 IC 35-47-14.
4 (e) Information:
5 (1) collected by the office; or
6 (2) used by the office;
7 to prepare the report described in subsection (c) is confidential and not
8 subject to public inspection or copying under IC 5-14-3-3.
9 (f) The office shall make the report described in subsection (c)
10 available to the public.
11 (g) The office may adopt rules under IC 4-22-2 to implement this
12 section.
13 SECTION 4. IC 35-31.5-2-81.5 IS REPEALED [EFFECTIVE JULY
14 1, 2022]. Sec. 81.5. "Dangerous", for purposes of IC 35-47-4-6.5,
15 IC 35-47-4-6.7, and IC 35-47-14, has the meaning set forth in
16 IC 35-47-14-1.
17 SECTION 5. IC 35-33-5-1, AS AMENDED BY P.L.1-2006,
18 SECTION 526, IS AMENDED TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) A court may issue warrants
20 only upon probable cause, supported by oath or affirmation, to search
21 any place for any of the following:
22 (1) Property which is obtained unlawfully.
23 (2) Property, the possession of which is unlawful.
24 (3) Property used or possessed with intent to be used as the means
25 of committing an offense or concealed to prevent an offense from
26 being discovered.
27 (4) Property constituting evidence of an offense or tending to
28 show that a particular person committed an offense.
29 (5) Any person.
30 (6) Evidence necessary to enforce statutes enacted to prevent
31 cruelty to or neglect of children.
32 (7) A firearm possessed by a person who is dangerous (as defined
33 in IC 35-47-14-1).
34 (b) As used in this section, "place" includes any location where
35 property might be secreted or hidden, including buildings, persons, or
36 vehicles.
37 SECTION 6. IC 35-33-5-5, AS AMENDED BY P.L.1-2007,
38 SECTION 225, IS AMENDED TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) All items of property seized
40 by any law enforcement agency as a result of an arrest, search warrant,
41 or warrantless search, shall be securely held by the law enforcement
42 agency under the order of the court trying the cause, except as provided
2022 IN 1233—LS 6640/DI 144 7
1 in this section.
2 (b) Evidence that consists of property obtained unlawfully from its
3 owner may be returned by the law enforcement agency to the owner
4 before trial, in accordance with IC 35-43-4-4(h).
5 (c) Following the final disposition of the cause at trial level or any
6 other final disposition the following shall be done:
7 (1) Property which may be lawfully possessed shall be returned
8 to its rightful owner, if known. If ownership is unknown, a
9 reasonable attempt shall be made by the law enforcement agency
10 holding the property to ascertain ownership of the property. After
11 ninety (90) days from the time:
12 (A) the rightful owner has been notified to take possession of
13 the property; or
14 (B) a reasonable effort has been made to ascertain ownership
15 of the property;
16 the law enforcement agency holding the property shall, at a
17 convenient time, dispose of this property at a public auction. The
18 proceeds of this property shall be paid into the county general
19 fund.
20 (2) Except as provided in subsection (e), property, the possession
21 of which is unlawful, shall be destroyed by the law enforcement
22 agency holding it sixty (60) days after final disposition of the
23 cause.
24 (3) A firearm that has been seized from a person who is
25 dangerous (as defined in IC 35-47-14-1 (before its repeal)) shall
26 be retained, returned, or disposed of in accordance with
27 IC 35-47-14.
28 (d) If any property described in subsection (c) was admitted into
29 evidence in the cause, the property shall be disposed of in accordance
30 with an order of the court trying the cause.
31 (e) A law enforcement agency may destroy or cause to be destroyed
32 chemicals, controlled substances, or chemically contaminated
33 equipment (including drug paraphernalia as described in
34 IC 35-48-4-8.5) associated with the illegal manufacture of drugs or
35 controlled substances without a court order if all the following
36 conditions are met:
37 (1) The law enforcement agency collects and preserves a
38 sufficient quantity of the chemicals, controlled substances, or
39 chemically contaminated equipment to demonstrate that the
40 chemicals, controlled substances, or chemically contaminated
41 equipment was associated with the illegal manufacture of drugs
42 or controlled substances.
2022 IN 1233—LS 6640/DI 144 8
1 (2) The law enforcement agency takes photographs of the illegal
2 drug manufacturing site that accurately depict the presence and
3 quantity of chemicals, controlled substances, and chemically
4 contaminated equipment.
5 (3) The law enforcement agency completes a chemical inventory
6 report that describes the type and quantities of chemicals,
7 controlled substances, and chemically contaminated equipment
8 present at the illegal manufacturing site.
9 The photographs and description of the property shall be admissible
10 into evidence in place of the actual physical evidence.
11 (f) For purposes of preserving the record of any conviction on
12 appeal, a photograph demonstrating the nature of the property, and an
13 adequate description of the property must be obtained before the
14 disposition of the property. In the event of a retrial, the photograph and
15 description of the property shall be admissible into evidence in place
16 of the actual physical evidence. All other rules of law governing the
17 admissibility of evidence shall apply to the photographs.
18 (g) The law enforcement agency disposing of property in any
19 manner provided in subsection (b), (c), or (e) shall maintain certified
20 records of any disposition under subsection (b), (c), or (e). Disposition
21 by destruction of property shall be witnessed by two (2) persons who
22 shall also attest to the destruction.
23 (h) This section does not affect the procedure for the disposition of
24 firearms seized by a law enforcement agency.
25 (i) A law enforcement agency that disposes of property by auction
26 under this section shall permanently stamp or otherwise permanently
27 identify the property as property sold by the law enforcement agency.
28 (j) Upon motion of the prosecuting attorney, the court shall order
29 property seized under IC 34-24-1 transferred, subject to the perfected
30 liens or other security interests of any person in the property, to the
31 appropriate federal authority for disposition under 18 U.S.C. 981(e), 19
32 U.S.C. 1616a, or 21 U.S.C. 881(e) and any related regulations adopted
33 by the United States Department of Justice.
34 SECTION 7. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021,
35 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2022]: Sec. 3. (a) As used in this section, "consumer product"
37 has the meaning set forth in IC 35-45-8-1.
38 (b) As used in this section, "misconduct" means a violation of a
39 departmental rule or procedure of a law enforcement agency.
40 (c) A person who reports that:
41 (1) the person or another person has placed or intends to place an
42 explosive, a destructive device, or other destructive substance in
2022 IN 1233—LS 6640/DI 144 9
1 a building or transportation facility;
2 (2) there has been or there will be tampering with a consumer
3 product introduced into commerce; or
4 (3) there has been or will be placed or introduced a weapon of
5 mass destruction in a building or a place of assembly;
6 knowing the report to be false, commits false reporting, a Level 6
7 felony.
8 (d) A person who:
9 (1) gives:
10 (A) a false report of the commission of a crime; or
11 (B) false information to a law enforcement officer that relates
12 to the commission of a crime;
13 knowing the report or information to be false;
14 (2) gives a false alarm of fire to the fire department of a
15 governmental entity, knowing the alarm to be false;
16 (3) makes a false request for ambulance service to an ambulance
17 service provider, knowing the request to be false;
18 (4) gives a false report concerning a missing child (as defined in
19 IC 10-13-5-4) or missing endangered adult (as defined in
20 IC 12-7-2-131.3) or gives false information to a law enforcement
21 officer or a governmental entity that relates to a missing child or
22 missing endangered adult knowing the report or information to be
23 false;
24 (5) makes a complaint against a law enforcement officer to the
25 state or municipality (as defined in IC 8-1-13-3(b)) that employs
26 the officer:
27 (A) alleging the officer engaged in misconduct while
28 performing the officer's duties; and
29 (B) knowing the complaint to be false;
30 (6) makes a false report of a missing person, knowing the report
31 or information is false; or
32 (7) gives a false report of actions, behavior, or conditions
33 concerning:
34 (A) a septic tank soil absorption system under IC 8-1-2-125 or
35 IC 13-26-5-2.5; or
36 (B) a septic tank soil absorption system or constructed wetland
37 septic system under IC 36-9-23-30.1;
38 knowing the report or information to be false; or
39 (8) makes a false report that a person is dangerous (as defined in
40 IC 35-47-14-1) knowing the report or information to be false;
41 commits false informing, a Class B misdemeanor. However, the offense
42 is a Class A misdemeanor if it substantially hinders any law
2022 IN 1233—LS 6640/DI 144 10
1 enforcement process or if it results in harm to another person.
2 SECTION 8. IC 35-47-1-7, AS AMENDED BY P.L.289-2019,
3 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 7. "Proper person" means a person who:
5 (1) does not have a conviction for resisting law enforcement
6 under IC 35-44.1-3-1 within five (5) years before the person
7 applies for a license or permit under this chapter;
8 (2) does not have a conviction for a crime for which the person
9 could have been sentenced for more than one (1) year;
10 (3) does not have a conviction for a crime of domestic violence
11 (as defined in IC 35-31.5-2-78), unless a court has restored the
12 person's right to possess a firearm under IC 35-47-4-7;
13 (4) is not prohibited by a court order from possessing a handgun;
14 (5) does not have a record of being an alcohol or drug abuser as
15 defined in this chapter;
16 (6) does not have documented evidence which would give rise to
17 a reasonable belief that the person has a propensity for violent or
18 emotionally unstable conduct;
19 (7) does not make a false statement of material fact on the
20 person's application;
21 (8) does not have a conviction for any crime involving an inability
22 to safely handle a handgun;
23 (9) does not have a conviction for violation of the provisions of
24 this article within five (5) years of the person's application;
25 (10) does not have an adjudication as a delinquent child for an act
26 that would be a felony if committed by an adult, if the person
27 applying for a license or permit under this chapter is less than
28 twenty-three (23) years of age;
29 (11) has not been involuntarily committed, other than a temporary
30 commitment for observation or evaluation, to a mental institution
31 by a court, board, commission, or other lawful authority;
32 (12) has not been the subject of a:
33 (A) ninety (90) day commitment as a result of proceeding
34 under IC 12-26-6; or
35 (B) regular commitment under IC 12-26-7; or
36 (13) has not been found by a court to be mentally incompetent,
37 including being found:
38 (A) not guilty by reason of insanity;
39 (B) guilty but mentally ill; or
40 (C) incompetent to stand trial. or
41 (14) is not currently designated as dangerous (as defined in
42 IC 35-47-14-1) by a court following a hearing under
2022 IN 1233—LS 6640/DI 144 11
1 IC 35-47-14-6.
2 SECTION 9. IC 35-47-4-6.5 IS REPEALED [EFFECTIVE JULY
3 1, 2022]. Sec. 6.5. A person who:
4 (1) has been found to be dangerous by a circuit or superior court
5 having jurisdiction over the person following a hearing under
6 IC 35-47-14-6; and
7 (2) knowingly or intentionally:
8 (A) rents;
9 (B) purchases;
10 (C) receives transfer of;
11 (D) owns; or
12 (E) possesses;
13 a firearm commits unlawful possession of a firearm by a dangerous
14 person, a Class A misdemeanor.
15 SECTION 10. IC 35-47-4-6.7 IS REPEALED [EFFECTIVE JULY
16 1, 2022]. Sec. 6.7. A person who knowingly or intentionally rents,
17 transfers, sells, or offers for sale a firearm to another person who the
18 person knows to be found dangerous by a circuit or superior court
19 following a hearing under IC 35-47-14-6 commits unlawful transfer of
20 a firearm to a dangerous person, a Level 5 felony.
21 SECTION 11. IC 35-47-14-1 IS REPEALED [EFFECTIVE JULY
22 1, 2022]. Sec. 1. (a) For the purposes of this chapter, an individual is
23 "dangerous" if:
24 (1) the individual presents an imminent risk of personal injury to
25 the individual or to another individual; or
26 (2) it is probable that the individual will present a risk of personal
27 injury to the individual or to another individual in the future and
28 the individual:
29 (A) has a mental illness (as defined in IC 12-7-2-130) that may
30 be controlled by medication, and has not demonstrated a
31 pattern of voluntarily and consistently taking the individual's
32 medication while not under supervision; or
33 (B) is the subject of documented evidence that would give rise
34 to a reasonable belief that the individual has a propensity for
35 violent or suicidal conduct.
36 (b) The fact that an individual has been released from a mental
37 health facility or has a mental illness that is currently controlled by
38 medication does not establish that the individual is dangerous for the
39 purposes of this chapter.
40 SECTION 12. IC 35-47-14-1.5, AS ADDED BY P.L.289-2019,
41 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 1.5. For the purposes of this chapter, an individual
2022 IN 1233—LS 6640/DI 144 12
1 is a "responsible third party" if:
2 (1) the individual does not cohabitate with the person found to be
3 dangerous in the hearing conducted under section 6 of this
4 chapter (before its repeal);
5 (2) the individual is a proper person (as defined under
6 IC 35-47-1-7) who may lawfully possess a firearm; and
7 (3) the individual is willing to enter into a written court agreement
8 to accept the transfer of the firearm as a responsible third party
9 under section 10 of this chapter.
10 SECTION 13. IC 35-47-14-2 IS REPEALED [EFFECTIVE JULY
11 1, 2022]. Sec. 2. (a) A circuit or superior court may issue a warrant to
12 search for and seize a firearm in the possession of an individual who is
13 dangerous if:
14 (1) a law enforcement officer provides the court a sworn affidavit
15 that:
16 (A) states why the law enforcement officer believes that the
17 individual is dangerous and in possession of a firearm; and
18 (B) describes the law enforcement officer's interactions and
19 conversations with:
20 (i) the individual who is alleged to be dangerous; or
21 (ii) another individual, if the law enforcement officer
22 believes that information obtained from this individual is
23 credible and reliable;
24 that have led the law enforcement officer to believe that the
25 individual is dangerous and in possession of a firearm;
26 (2) the affidavit specifically describes the location of the firearm;
27 and
28 (3) the circuit or superior court determines that probable cause
29 exists to believe that the individual is:
30 (A) dangerous; and
31 (B) in possession of a firearm.
32 (b) A law enforcement agency responsible for the seizure of the
33 firearm under this section shall file a search warrant return with the
34 court setting forth the:
35 (1) quantity; and
36 (2) type;
37 of each firearm seized from an individual under this section. Beginning
38 July 1, 2021, the court shall provide information described under this
39 subsection to the office of judicial administration in a manner required
40 by the office.
41 SECTION 14. IC 35-47-14-3 IS REPEALED [EFFECTIVE JULY
42 1, 2022]. Sec. 3. (a) If a law enforcement officer seizes a firearm from
2022 IN 1233—LS 6640/DI 144 13
1 an individual whom the law enforcement officer believes to be
2 dangerous without obtaining a warrant, the law enforcement officer
3 shall submit to the circuit or superior court having jurisdiction over the
4 individual believed to be dangerous an affidavit describing the basis for
5 the law enforcement officer's belief that the individual is dangerous.
6 (b) An affidavit described in subsection (a) shall:
7 (1) set forth the quantity and type of each firearm seized from the
8 individual under this section; and
9 (2) be submitted to a circuit or superior court having jurisdiction
10 over the individual believed to be dangerous not later than
11 forty-eight (48) hours after the seizure of the firearm.
12 (c) The court shall review the affidavit described in subsection (a)
13 as soon as possible.
14 (d) If the court finds that probable cause exists to believe that the
15 individual is dangerous, the court shall order the law enforcement
16 agency having custody of the firearm to retain the firearm. Beginning
17 July 1, 2021, the court shall provide information described under this
18 subsection and subsection (b)(1) to the office of judicial administration
19 in a manner required by the office.
20 (e) If the court finds that there is no probable cause to believe that
21 the individual is dangerous, the court shall order the law enforcement
22 agency having custody of the firearm to return the firearm to the
23 individual as quickly as practicable, but not later than five (5) days
24 after the date of the order.
25 SECTION 15. IC 35-47-14-4 IS REPEALED [EFFECTIVE JULY
26 1, 2022]. Sec. 4. If a court issued a warrant to seize a firearm under this
27 chapter, the law enforcement officer who served the warrant shall, not
28 later than forty-eight (48) hours after the warrant was served, file a
29 return with the court that:
30 (1) states that the warrant was served; and
31 (2) sets forth:
32 (A) the time and date on which the warrant was served;
33 (B) the name and address of the individual named in the
34 warrant; and
35 (C) the quantity and identity of any firearms seized by the law
36 enforcement officer.
37 SECTION 16. IC 35-47-14-5 IS REPEALED [EFFECTIVE JULY
38 1, 2022]. Sec. 5. (a) After the filing of a search warrant return under
39 section 2 of this chapter or the filing of an affidavit under section 3 of
40 this chapter, the court shall conduct a hearing.
41 (b) The court shall make a good faith effort to conduct the hearing
42 not later than fourteen (14) days after the filing of a search warrant
2022 IN 1233—LS 6640/DI 144 14
1 return under section 2 of this chapter or the filing of an affidavit under
2 section 3 of this chapter. If the hearing cannot be conducted within
3 fourteen (14) days after the filing of the search warrant return or
4 affidavit, the court shall conduct the hearing as soon as possible.
5 However, a request for a continuance of the hearing described in this
6 subsection for a period of not more than sixty (60) days from the
7 individual from whom the firearm was seized shall be liberally granted.
8 The court shall inform:
9 (1) the prosecuting attorney; and
10 (2) the individual from whom the firearm was seized;
11 of the date, time, and location of the hearing. The court may conduct
12 the hearing at a facility or other suitable place not likely to have a
13 harmful effect upon the individual's health or well-being.
14 SECTION 17. IC 35-47-14-6 IS REPEALED [EFFECTIVE JULY
15 1, 2022]. Sec. 6. (a) The court shall conduct a hearing as required under
16 this chapter.
17 (b) The state has the burden of proving all material facts by clear
18 and convincing evidence.
19 (c) If the court determines that the state has proved by clear and
20 convincing evidence that the individual is dangerous, the court shall
21 issue a written order:
22 (1) finding the individual is dangerous (as defined in section 1 of
23 this chapter);
24 (2) ordering the law enforcement agency having custody of the
25 seized firearm to retain the firearm;
26 (3) ordering the individual's license to carry a handgun, if
27 applicable, suspended; and
28 (4) enjoining the individual from:
29 (A) renting;
30 (B) receiving transfer of;
31 (C) owning; or
32 (D) possessing;
33 a firearm; and
34 determine whether the individual should be referred to further
35 proceedings to consider whether the individual should be involuntarily
36 detained or committed under IC 12-26-6-2(a)(2)(B).
37 (d) If the court finds that the individual is dangerous under
38 subsection (c), the clerk shall transmit the order of the court to the
39 office of judicial administration:
40 (1) for transmission to NICS (as defined in IC 35-47-2.5-2.5); and
41 (2) beginning July 1, 2021, for the collection of certain data
42 related to the confiscation and retention of firearms taken from
2022 IN 1233—LS 6640/DI 144 15
1 dangerous individuals;
2 in accordance with IC 33-24-6-3.
3 (e) If the court orders a law enforcement agency to retain a firearm,
4 the law enforcement agency shall retain the firearm until the court
5 orders the firearm returned or otherwise disposed of.
6 (f) If the court determines that the state has failed to prove by clear
7 and convincing evidence that the individual is dangerous, the court
8 shall issue a written order that:
9 (1) the individual is not dangerous (as defined in section 1 of this
10 chapter); and
11 (2) the law enforcement agency having custody of the firearm
12 shall return the firearm as quickly as practicable, but not later
13 than five (5) days after the date of the order, to the individual
14 from whom it was seized.
15 SECTION 18. IC 35-47-14-7 IS REPEALED [EFFECTIVE JULY
16 1, 2022]. Sec. 7. If the court, in a hearing conducted under section 5 of
17 this chapter, determines that:
18 (1) the individual from whom a firearm was seized is dangerous;
19 and
20 (2) the firearm seized from the individual is owned by another
21 individual;
22 the court may order the law enforcement agency having custody of the
23 firearm to return the firearm to the owner of the firearm.
24 SECTION 19. IC 35-47-14-8, AS AMENDED BY P.L.142-2020,
25 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 8. (a) If a court ordered a law enforcement
27 agency to retain a firearm under section 3 or 6 of this chapter
28 (before their repeal), the law enforcement agency shall retain the
29 firearm until the court orders the firearm returned or otherwise
30 disposed of.
31 (a) (b) At least one hundred eighty (180) days After the date on
32 which a court orders a law enforcement agency to retain an individual's
33 firearm under section 6(c) of this chapter (before its repeal), the
34 individual may petition the court for a finding that the individual is no
35 longer dangerous.
36 (b) (c) Upon receipt of a petition described in subsection (a), (b), the
37 court shall:
38 (1) enter an order setting a date for a hearing on the petition; and
39 (2) inform the prosecuting attorney of the date, time, and location
40 of the hearing.
41 (c) (d) The prosecuting attorney shall represent the state at the
42 hearing on a petition under this section.
2022 IN 1233—LS 6640/DI 144 16
1 (d) (e) In a hearing on a petition under this section, the individual
2 may be represented by an attorney.
3 (e) (f) In a hearing on a petition under this section, filed:
4 (1) not later than one (1) year after the date of the order issued
5 under section 6(c) of this chapter, the individual must prove by a
6 preponderance of the evidence that the individual is no longer
7 dangerous; and
8 (2) later than one (1) year after the date of the order issued under
9 section 6(c) of this chapter, the state must prove by clear and
10 convincing evidence that the individual is still dangerous.
11 otherwise prohibited by law from possessing a firearm.
12 (f) (g) If, upon the completion of the hearing and consideration of
13 the record, the court finds that the individual is no longer dangerous,
14 not otherwise prohibited by law from possessing a firearm, the
15 court shall:
16 (1) issue a court order that finds that the individual is no longer
17 dangerous;
18 (2) order the law enforcement agency having custody of any
19 firearm to return the firearm as quickly as practicable, but not
20 later than five (5) days after the date of the order, to the
21 individual;
22 (3) terminate any injunction issued under section 6 of this chapter
23 (before its repeal); and
24 (4) terminate the suspension of the individual's license to carry a
25 handgun so that the individual may reapply for a license.
26 (g) (h) If the court denies an individual's petition under this section,
27 the individual may not file a subsequent petition until at least one
28 hundred eighty (180) days after the date on which the court denied the
29 petition.
30 (h) (i) If a court issues an order described under subsection (f), (g),
31 the court's order shall be transmitted, as soon as practicable, to the
32 office of judicial administration for transmission to the NICS (as
33 defined in IC 35-47-2.5-2.5). and, beginning July 1, 2021, for the
34 collection of certain data related to the confiscation and retention of
35 firearms taken from dangerous individuals in accordance with
36 IC 33-24-6-3.
37 SECTION 20. IC 35-47-14-10, AS AMENDED BY P.L.289-2019,
38 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]: Sec. 10. (a) If a court has ordered a law enforcement
40 agency to retain an individual's firearm under section 6 of this chapter
41 (before its repeal), the individual or the rightful owner of the firearm,
42 as applicable, may petition the court to order the law enforcement
2022 IN 1233—LS 6640/DI 144 17
1 agency to:
2 (1) transfer the firearm to a responsible third party as described
3 under section 1.5 of this chapter;
4 (2) transfer the firearm to an individual who possesses a valid
5 federal firearms license issued under 18 U.S.C. 923 for storage or
6 an eventual lawful sale whose terms are mutually agreed upon
7 between the licensee and the individual or rightful owner, as
8 applicable; or
9 (3) sell the firearm at auction under IC 35-47-3-2 and return the
10 proceeds to the individual or the rightful owner of the firearm, as
11 applicable.
12 The responsible third party who accepts transfer of the firearm from the
13 law enforcement agency under a court order under this section shall
14 enter into a written court agreement that obligates the responsible third
15 party to the reasonable care and storage of the firearm, including not
16 providing access or transferring the firearm to the individual found to
17 be dangerous in a hearing under section 6 of this chapter (before its
18 repeal).
19 (b) An individual or rightful owner of the firearm may petition the
20 court as described in subsection (a):
21 (1) at the hearing described in section 6 or 9 of this chapter; or
22 (2) at any time before the hearing described in section 6 or 9 of
23 this chapter is held.
24 (c) If an individual or rightful owner timely requests a sale or
25 transfer of a firearm under subsection (a), the court shall order the law
26 enforcement agency having custody of the firearm to transfer the
27 firearm or sell the firearm at auction under IC 35-47-3-2, unless:
28 (1) the serial number of the firearm has been obliterated;
29 (2) the transfer of the firearm would be unlawful; or
30 (3) the requirements of subsection (a) have not been met.
31 (d) If the court issues an order under subsection (c), the court's order
32 must require:
33 (1) that the firearm be sold not more than one (1) year after
34 receipt of the order; and
35 (2) that the proceeds of the sale be returned to the individual or
36 rightful owner of the firearm.
37 (e) A law enforcement agency may retain not more than eight
38 percent (8%) of the sale price to pay the costs of the sale, including
39 administrative costs and the auctioneer's fee.
2022 IN 1233—LS 6640/DI 144