Indiana 2023 Regular Session

Indiana House Bill HB1362 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. 1362
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-38-9-6; IC 35-42-4-13.
7	7	Synopsis: Child protection. Adds a school's human resources
8	8	professional to the list of people to whom records that are sealed by the
9	9	central repository for criminal history information maintained by the
10	10	state police department may be disclosed. Provides that a person at
11	11	least 18 years of age who knowingly or intentionally communicates
12	12	with an individual whom the person believes to be a child less than 18
13	13	years of age concerning sexual activity with the intent to gratify the
14	14	sexual desires of the person or the individual commits inappropriate
15	15	communication with a child, a Class B misdemeanor. (The current law
16	16	is less than 14 years of age for the child victim.)
17	17	Effective: July 1, 2023.
18	18	Negele
19	19	January 17, 2023, read first time and referred to Committee on Courts and Criminal Code.
20	20	2023 IN 1362—LS 6350/DI 148 Introduced
21	21	First Regular Session of the 123rd General Assembly (2023)
22	22	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
23	23	Constitution) is being amended, the text of the existing provision will appear in this style type,
24	24	additions will appear in this style type, and deletions will appear in this style type.
25	25	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
26	26	provision adopted), the text of the new provision will appear in this style type. Also, the
27	27	word NEW will appear in that style type in the introductory clause of each SECTION that adds
28	28	a new provision to the Indiana Code or the Indiana Constitution.
29	29	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
30	30	between statutes enacted by the 2022 Regular Session of the General Assembly.
31	31	HOUSE BILL No. 1362
32	32	A BILL FOR AN ACT to amend the Indiana Code concerning
33	33	criminal law and procedure.
34	34	Be it enacted by the General Assembly of the State of Indiana:
35	35	1 SECTION 1. IC 35-38-9-6, AS AMENDED BY P.L.14-2022,
36	36	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37	37	3 JULY 1, 2023]: Sec. 6. (a) If the court orders conviction records,
38	38	4 including any records relating to the conviction and any records
39	39	5 concerning a collateral action, expunged under sections 2 through 3 of
40	40	6 this chapter, the court shall do the following with respect to the specific
41	41	7 records expunged by the court:
42	42	8 (1) Order:
43	43	9 (A) the department of correction;
44	44	10 (B) the bureau of motor vehicles; and
45	45	11 (C) each:
46	46	12 (i) law enforcement agency; and
47	47	13 (ii) other person;
48	48	14 who incarcerated, prosecuted, provided treatment for, or
49	49	15 provided other services for the person under an order of the
50	50	16 court;
51	51	17 to prohibit the release of the person's records or information in the
52	52	2023 IN 1362—LS 6350/DI 148 2
53	53	1 person's records to anyone without a court order, other than a law
54	54	2 enforcement officer acting in the course of the officer's official
55	55	3 duty.
56	56	4 (2) Order the central repository for criminal history information
57	57	5 maintained by the state police department to seal the person's
58	58	6 expunged conviction records, including information related to:
59	59	7 (A) an arrest or offense:
60	60	8 (i) in which no conviction was entered; and
61	61	9 (ii) that was committed as part of the same episode of
62	62	10 criminal conduct as the case ordered expunged; and
63	63	11 (B) any other references to any matters related to the case
64	64	12 ordered expunged, including in a collateral action.
65	65	13 This subdivision does not require the state police department to
66	66	14 seal any record the state police department does not have legal
67	67	15 authority to seal.
68	68	16 (3) Records sealed under subdivision (2) may be disclosed only
69	69	17 to:
70	70	18 (A) a prosecuting attorney, if:
71	71	19 (i) authorized by a court order; and
72	72	20 (ii) needed to carry out the official duties of the prosecuting
73	73	21 attorney;
74	74	22 (B) a defense attorney, if:
75	75	23 (i) authorized by a court order; and
76	76	24 (ii) needed to carry out the professional duties of the defense
77	77	25 attorney;
78	78	26 (C) a probation department, if:
79	79	27 (i) authorized by a court order; and
80	80	28 (ii) necessary to prepare a presentence report;
81	81	29 (D) the Federal Bureau of Investigation and the Department of
82	82	30 Homeland Security, if disclosure is required to comply with an
83	83	31 agreement relating to the sharing of criminal history
84	84	32 information;
85	85	33 (E) the:
86	86	34 (i) supreme court;
87	87	35 (ii) members of the state board of law examiners;
88	88	36 (iii) executive director of the state board of law examiners;
89	89	37 and
90	90	38 (iv) employees of the state board of law examiners, in
91	91	39 accordance with rules adopted by the state board of law
92	92	40 examiners;
93	93	41 for the purpose of determining whether an applicant possesses
94	94	42 the necessary good moral character for admission to the bar;
95	95	2023 IN 1362—LS 6350/DI 148 3
96	96	1 (F) a person required to access expunged records to comply
97	97	2 with the Secure and Fair Enforcement for Mortgage Licensing
98	98	3 Act (12 U.S.C. 5101 et seq.) or regulations adopted under the
99	99	4 Secure and Fair Enforcement for Mortgage Licensing Act; and
100	100	5 (G) the bureau of motor vehicles, the Federal Motor Carrier
101	101	6 Administration, and the Commercial Drivers License
102	102	7 Information System (CDLIS), if disclosure is required to
103	103	8 comply with federal law relating to reporting a conviction for
104	104	9 a violation of a traffic control law; and
105	105	10 (H) a human resources professional of a school (as defined
106	106	11 in IC 22-4-2-37), to determine whether to:
107	107	12 (i) employ an individual seeking employment with the
108	108	13 school, including volunteer employment; or
109	109	14 (ii) grant access or admission to the school to the
110	110	15 representative of a contractor;
111	111	16 if the employee candidate or contractor representative is
112	112	17 likely to have contact with a child as a part of the proposed
113	113	18 employment or role with the contractor.
114	114	19 (4) Notify the clerk of the supreme court to seal any records in the
115	115	20 clerk's possession that relate to the conviction, including any
116	116	21 records concerning a collateral action.
117	117	22 A probation department may provide an unredacted version of a
118	118	23 presentence report disclosed under subdivision (3)(C) to any person
119	119	24 authorized by law to receive a presentence report.
120	120	25 (b) Except as provided in subsection (c), if a petition to expunge
121	121	26 conviction records, including any records relating to the conviction and
122	122	27 any records concerning a collateral action, is granted under sections 2
123	123	28 through 3 of this chapter, the records of:
124	124	29 (1) the sentencing court;
125	125	30 (2) a court that conducted a collateral action;
126	126	31 (3) a juvenile court;
127	127	32 (4) a court of appeals; and
128	128	33 (5) the supreme court;
129	129	34 concerning the person shall be permanently sealed. However, a petition
130	130	35 for expungement granted under sections 2 through 3 of this chapter
131	131	36 does not affect an existing or pending driver's license suspension.
132	132	37 (c) If a petition to expunge conviction records, including any records
133	133	38 relating to the conviction and any records concerning a collateral
134	134	39 action, is granted under sections 2 through 3 of this chapter with
135	135	40 respect to the records of a person who is named as an appellant or an
136	136	41 appellee in an opinion or memorandum decision by the supreme court
137	137	42 or the court of appeals, or who is identified in a collateral action, the
138	138	2023 IN 1362—LS 6350/DI 148 4
139	139	1 court shall:
140	140	2 (1) redact the opinion or memorandum decision as it appears on
141	141	3 the computer gateway administered by the office of technology so
142	142	4 that it does not include the petitioner's name (in the same manner
143	143	5 that opinions involving juveniles are redacted); and
144	144	6 (2) provide a redacted copy of the opinion to any publisher or
145	145	7 organization to whom the opinion or memorandum decision is
146	146	8 provided after the date of the order of expungement.
147	147	9 The supreme court and court of appeals are not required to destroy or
148	148	10 otherwise dispose of any existing copy of an opinion or memorandum
149	149	11 decision that includes the petitioner's name.
150	150	12 (d) Notwithstanding subsection (b), a prosecuting attorney may
151	151	13 submit a written application to a court that granted an expungement
152	152	14 petition under this chapter to gain access to any records that were
153	153	15 permanently sealed under subsection (b), if the records are relevant in
154	154	16 a new prosecution of the person. If a prosecuting attorney who submits
155	155	17 a written application under this subsection shows that the records are
156	156	18 relevant for a new prosecution of the person, the court that granted the
157	157	19 expungement petition shall:
158	158	20 (1) order the records to be unsealed; and
159	159	21 (2) allow the prosecuting attorney who submitted the written
160	160	22 application to have access to the records.
161	161	23 If a court orders records to be unsealed under this subsection, the court
162	162	24 shall order the records to be permanently resealed at the earliest
163	163	25 possible time after the reasons for unsealing the records cease to exist.
164	164	26 However, if the records are admitted as evidence against the person in
165	165	27 a new prosecution that results in the person's conviction, or are used to
166	166	28 enhance a sentence imposed on the person in a new prosecution, the
167	167	29 court is not required to reseal the records.
168	168	30 (e) If a person whose conviction records, including any records
169	169	31 relating to the conviction and any records concerning a collateral
170	170	32 action, are expunged under sections 2 through 5 of this chapter is
171	171	33 required to register as a sex offender based on the commission of a
172	172	34 felony which has been expunged:
173	173	35 (1) the expungement does not affect the operation of the sex
174	174	36 offender registry web site, any person's ability to access the
175	175	37 person's records, records required to be maintained concerning
176	176	38 sex or violent offenders, or any registration requirement imposed
177	177	39 on the person; and
178	178	40 (2) the expunged conviction records must be clearly marked as
179	179	41 expunged on the sex offender registry web site.
180	180	42 (f) Expungement of a crime of domestic violence under section 2 of
181	181	2023 IN 1362—LS 6350/DI 148 5
182	182	1 this chapter does not restore a person's right to possess a firearm. The
183	183	2 right of a person convicted of a crime of domestic violence to possess
184	184	3 a firearm may be restored only in accordance with IC 35-47-4-7.
185	185	4 (g) If a court issues an order granting a petition for expungement
186	186	5 under sections 2 through 3 of this chapter, the court shall also order any
187	187	6 related records described in section 1(h) of this chapter sealed or
188	188	7 redacted in the manner described in section 1 of this chapter, unless the
189	189	8 records described in section 1(h) of this chapter have been ordered
190	190	9 sealed and redacted under this section.
191	191	10 (h) If the court issues an order granting a petition for expungement
192	192	11 under sections 2 through 3 of this chapter, the court shall include in its
193	193	12 order the information described in section 8(b) of this chapter.
194	194	13 SECTION 2. IC 35-42-4-13, AS AMENDED BY P.L.168-2014,
195	195	14 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
196	196	15 JULY 1, 2023]: Sec. 13. (a) This section does not apply to the
197	197	16 following:
198	198	17 (1) A parent, guardian, or custodian of a child.
199	199	18 (2) A person who acts with the permission of a child's parent,
200	200	19 guardian, or custodian.
201	201	20 (3) A person to whom a child makes a report of abuse or neglect.
202	202	21 (4) A person to whom a child reports medical symptoms that
203	203	22 relate to or may relate to sexual activity.
204	204	23 (b) As used in this section, "sexual activity" means sexual
205	205	24 intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5),
206	206	25 or the fondling or touching of the buttocks, genitals, or female breasts.
207	207	26 (c) A person at least eighteen (18) years of age who knowingly or
208	208	27 intentionally communicates with an individual whom the person
209	209	28 believes to be a child less than fourteen (14) eighteen (18) years of age
210	210	29 concerning sexual activity with the intent to gratify the sexual desires
211	211	30 of the person or the individual commits inappropriate communication
212	212	31 with a child, a Class B misdemeanor. However, the offense is:
213	213	32 (1) a Class A misdemeanor if the person commits the offense by
214	214	33 using a computer network (as defined in IC 35-43-2-3(a)); and
215	215	34 (2) a Level 6 felony if the person has a prior unrelated conviction
216	216	35 for a sex offense (as defined in IC 11-8-8-5.2).
217	217	2023 IN 1362—LS 6350/DI 148