Indiana 2022 Regular Session

Indiana Senate Bill SB0017 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0017.1~~
2		-	~~January 28, 2022~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 17
4	4		_____
5		-	DIGEST OF ~~SB 17 (Updated January 26, 2022 8:15 pm - DI 133)~~
6		-	Citations Affected: IC 35-49.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 35-49-3-4.
7	7		Synopsis: Material harmful to minors. Removes schools and certain
8	8		public libraries from the list of entities eligible for a specified defense
9	9		to criminal prosecutions alleging: (1) the dissemination of material
10	10		harmful to minors; or (2) a performance harmful to minors. Adds
11	11		colleges and universities to the list of entities eligible for a specified
12	12		defense to criminal prosecutions alleging: (1) the dissemination of
13	13		material harmful to minors; or (2) a performance harmful to minors.
14	14		Effective: July 1, 2022.
15		-	Tomes, Raatz, Young M, Leising,
16		-	Doriot, Garten, Baldwin, Kruse,
17		-	Niemeyer
	15	+	Tomes
18	16		January 4, 2022, read first time and referred to Committee on Education and Career
19	17		Development.
20		-	January 27, 2022, reported favorably — Do Pass.
21		-	SB 17—LS 6065/DI 106 January 28, 2022
	18	+	2022 IN 17—LS 6065/DI 106 Introduced
22	19		Second Regular Session of the 122nd General Assembly (2022)
23	20		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
24	21		Constitution) is being amended, the text of the existing provision will appear in this style type,
25	22		additions will appear in this style type, and deletions will appear in this style type.
26	23		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
27	24		provision adopted), the text of the new provision will appear in this style type. Also, the
28	25		word NEW will appear in that style type in the introductory clause of each SECTION that adds
29	26		a new provision to the Indiana Code or the Indiana Constitution.
30	27		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
31	28		between statutes enacted by the 2021 Regular Session of the General Assembly.
32	29		SENATE BILL No. 17
33	30		A BILL FOR AN ACT to amend the Indiana Code concerning
34	31		criminal law and procedure.
35	32		Be it enacted by the General Assembly of the State of Indiana:
36	33		1 SECTION 1. IC 35-49-3-4, AS AMENDED BY P.L.266-2019,
37	34		2 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38	35		3 JULY 1, 2022]: Sec. 4. (a) It is a defense to a prosecution under section
39	36		4 3 of this chapter for the defendant to show:
40	37		5 (1) that the matter was disseminated or that the performance was
41	38		6 performed for legitimate scientific or educational purposes;
42	39		7 (2) that the matter was disseminated or displayed to or that the
43	40		8 performance was performed before the recipient by a bona fide
44	41		9 school, college, university, museum, college library, or public
45	42		10 library that qualifies for certain property tax exemptions under
46	43		11 IC 6-1.1-10, university library or by an employee of such a
47	44		12 school, college, university, museum, college library, or public
48	45		13 library university library acting within the scope of the
49	46		14 employee's employment;
50	47		15 (3) that the defendant had reasonable cause to believe that the
51	48		16 minor involved was eighteen (18) years of age or older and that
52	49		17 the minor exhibited to the defendant a draft card, driver's license,
53		-	SB 17—LS 6065/DI 106 2
	50	+	2022 IN 17—LS 6065/DI 106 2
54	51		1 birth certificate, or other official or apparently official document
55	52		2 purporting to establish that the minor was eighteen (18) years of
56	53		3 age or older; or
57	54		4 (4) that the defendant was a salesclerk, motion picture
58	55		5 projectionist, usher, or ticket taker, acting within the scope of the
59	56		6 defendant's employment and that the defendant had no financial
60	57		7 interest in the place where the defendant was so employed.
61	58		8 (b) Except as provided in subsection (c), it is a defense to a
62	59		9 prosecution under section 3 of this chapter if all the following apply:
63	60		10 (1) A cellular telephone, another wireless or cellular
64	61		11 communications device, or a social networking web site was used
65	62		12 to disseminate matter to a minor that is harmful to minors.
66	63		13 (2) The defendant is not more than four (4) years older or younger
67	64		14 than the person who received the matter that is harmful to minors.
68	65		15 (3) The relationship between the defendant and the person who
69	66		16 received the matter that is harmful to minors was a dating
70	67		17 relationship or an ongoing personal relationship. For purposes of
71	68		18 this subdivision, the term "ongoing personal relationship" does
72	69		19 not include a family relationship.
73	70		20 (4) The crime was committed by a person less than twenty-two
74	71		21 (22) years of age.
75	72		22 (5) The person receiving the matter expressly or implicitly
76	73		23 acquiesced in the defendant's conduct.
77	74		24 (c) The defense to a prosecution described in subsection (b) does
78	75		25 not apply if:
79	76		26 (1) the image is disseminated to a person other than the person:
80	77		27 (A) who sent the image; or
81	78		28 (B) who is depicted in the image; or
82	79		29 (2) the dissemination of the image violates:
83	80		30 (A) a protective order to prevent domestic or family violence
84	81		31 or harassment issued under IC 34-26-5 (or, if the order
85	82		32 involved a family or household member, under IC 34-26-2 or
86	83		33 IC 34-4-5.1-5 before their repeal);
87	84		34 (B) an ex parte protective order issued under IC 34-26-5 (or,
88	85		35 if the order involved a family or household member, an
89	86		36 emergency order issued under IC 34-26-2 or IC 34-4-5.1
90	87		37 before their repeal);
91	88		38 (C) a workplace violence restraining order issued under
92	89		39 IC 34-26-6;
93	90		40 (D) a no contact order in a dispositional decree issued under
94	91		41 IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or
95	92		42 IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an
96		-	SB 17—LS 6065/DI 106 3
	93	+	2022 IN 17—LS 6065/DI 106 3
97	94		1 order issued under IC 31-32-13 (or IC 31-6-7-14 before its
98	95		2 repeal) that orders the person to refrain from direct or indirect
99	96		3 contact with a child in need of services or a delinquent child;
100	97		4 (E) a no contact order issued as a condition of pretrial release,
101	98		5 including release on bail or personal recognizance, or pretrial
102	99		6 diversion, and including a no contact order issued under
103	100		7 IC 35-33-8-3.6;
104	101		8 (F) a no contact order issued as a condition of probation;
105	102		9 (G) a protective order to prevent domestic or family violence
106	103		10 issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2
107	104		11 before their repeal);
108	105		12 (H) a protective order to prevent domestic or family violence
109	106		13 issued under IC 31-14-16-1 in a paternity action;
110	107		14 (I) a no contact order issued under IC 31-34-25 in a child in
111	108		15 need of services proceeding or under IC 31-37-25 in a juvenile
112	109		16 delinquency proceeding;
113	110		17 (J) an order issued in another state that is substantially similar
114	111		18 to an order described in clauses (A) through (I);
115	112		19 (K) an order that is substantially similar to an order described
116	113		20 in clauses (A) through (I) and is issued by an Indian:
117	114		21 (i) tribe;
118	115		22 (ii) band;
119	116		23 (iii) pueblo;
120	117		24 (iv) nation; or
121	118		25 (v) organized group or community, including an Alaska
122	119		26 Native village or regional or village corporation as defined
123	120		27 in or established under the Alaska Native Claims Settlement
124	121		28 Act (43 U.S.C. 1601 et seq.);
125	122		29 that is recognized as eligible for the special programs and
126	123		30 services provided by the United States to Indians because of
127	124		31 their special status as Indians;
128	125		32 (L) an order issued under IC 35-33-8-3.2; or
129	126		33 (M) an order issued under IC 35-38-1-30.
130		-	SB 17—LS 6065/DI 106 4
131		-	COMMITTEE REPORT
132		-	Madam President: The Senate Committee on Education and Career
133		-	Development, to which was referred Senate Bill No. 17, has had the
134		-	same under consideration and begs leave to report the same back to the
135		-	Senate with the recommendation that said bill DO PASS.
136		-	(Reference is to SB 17 as introduced.)
137		-
138		-	RAATZ, Chairperson
139		-	Committee Vote: Yeas 9, Nays 4
140		-	SB 17—LS 6065/DI 106
	127	+	2022 IN 17—LS 6065/DI 106