Introduced Version
HOUSE BILL No. 1362
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-38-9-6; IC 35-42-4-13.
Synopsis: Child protection. Adds a school's human resources
professional to the list of people to whom records that are sealed by the
central repository for criminal history information maintained by the
state police department may be disclosed. Provides that a person at
least 18 years of age who knowingly or intentionally communicates
with an individual whom the person believes to be a child less than 18
years of age concerning sexual activity with the intent to gratify the
sexual desires of the person or the individual commits inappropriate
communication with a child, a Class B misdemeanor. (The current law
is less than 14 years of age for the child victim.)
Effective: July 1, 2023.
Negele
January 17, 2023, read first time and referred to Committee on Courts and Criminal Code.
2023 IN 1362—LS 6350/DI 148 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1362
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 35-38-9-6, AS AMENDED BY P.L.14-2022,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 6. (a) If the court orders conviction records,
4 including any records relating to the conviction and any records
5 concerning a collateral action, expunged under sections 2 through 3 of
6 this chapter, the court shall do the following with respect to the specific
7 records expunged by the court:
8 (1) Order:
9 (A) the department of correction;
10 (B) the bureau of motor vehicles; and
11 (C) each:
12 (i) law enforcement agency; and
13 (ii) other person;
14 who incarcerated, prosecuted, provided treatment for, or
15 provided other services for the person under an order of the
16 court;
17 to prohibit the release of the person's records or information in the
2023 IN 1362—LS 6350/DI 148 2
1 person's records to anyone without a court order, other than a law
2 enforcement officer acting in the course of the officer's official
3 duty.
4 (2) Order the central repository for criminal history information
5 maintained by the state police department to seal the person's
6 expunged conviction records, including information related to:
7 (A) an arrest or offense:
8 (i) in which no conviction was entered; and
9 (ii) that was committed as part of the same episode of
10 criminal conduct as the case ordered expunged; and
11 (B) any other references to any matters related to the case
12 ordered expunged, including in a collateral action.
13 This subdivision does not require the state police department to
14 seal any record the state police department does not have legal
15 authority to seal.
16 (3) Records sealed under subdivision (2) may be disclosed only
17 to:
18 (A) a prosecuting attorney, if:
19 (i) authorized by a court order; and
20 (ii) needed to carry out the official duties of the prosecuting
21 attorney;
22 (B) a defense attorney, if:
23 (i) authorized by a court order; and
24 (ii) needed to carry out the professional duties of the defense
25 attorney;
26 (C) a probation department, if:
27 (i) authorized by a court order; and
28 (ii) necessary to prepare a presentence report;
29 (D) the Federal Bureau of Investigation and the Department of
30 Homeland Security, if disclosure is required to comply with an
31 agreement relating to the sharing of criminal history
32 information;
33 (E) the:
34 (i) supreme court;
35 (ii) members of the state board of law examiners;
36 (iii) executive director of the state board of law examiners;
37 and
38 (iv) employees of the state board of law examiners, in
39 accordance with rules adopted by the state board of law
40 examiners;
41 for the purpose of determining whether an applicant possesses
42 the necessary good moral character for admission to the bar;
2023 IN 1362—LS 6350/DI 148 3
1 (F) a person required to access expunged records to comply
2 with the Secure and Fair Enforcement for Mortgage Licensing
3 Act (12 U.S.C. 5101 et seq.) or regulations adopted under the
4 Secure and Fair Enforcement for Mortgage Licensing Act; and
5 (G) the bureau of motor vehicles, the Federal Motor Carrier
6 Administration, and the Commercial Drivers License
7 Information System (CDLIS), if disclosure is required to
8 comply with federal law relating to reporting a conviction for
9 a violation of a traffic control law; and
10 (H) a human resources professional of a school (as defined
11 in IC 22-4-2-37), to determine whether to:
12 (i) employ an individual seeking employment with the
13 school, including volunteer employment; or
14 (ii) grant access or admission to the school to the
15 representative of a contractor;
16 if the employee candidate or contractor representative is
17 likely to have contact with a child as a part of the proposed
18 employment or role with the contractor.
19 (4) Notify the clerk of the supreme court to seal any records in the
20 clerk's possession that relate to the conviction, including any
21 records concerning a collateral action.
22 A probation department may provide an unredacted version of a
23 presentence report disclosed under subdivision (3)(C) to any person
24 authorized by law to receive a presentence report.
25 (b) Except as provided in subsection (c), if a petition to expunge
26 conviction records, including any records relating to the conviction and
27 any records concerning a collateral action, is granted under sections 2
28 through 3 of this chapter, the records of:
29 (1) the sentencing court;
30 (2) a court that conducted a collateral action;
31 (3) a juvenile court;
32 (4) a court of appeals; and
33 (5) the supreme court;
34 concerning the person shall be permanently sealed. However, a petition
35 for expungement granted under sections 2 through 3 of this chapter
36 does not affect an existing or pending driver's license suspension.
37 (c) If a petition to expunge conviction records, including any records
38 relating to the conviction and any records concerning a collateral
39 action, is granted under sections 2 through 3 of this chapter with
40 respect to the records of a person who is named as an appellant or an
41 appellee in an opinion or memorandum decision by the supreme court
42 or the court of appeals, or who is identified in a collateral action, the
2023 IN 1362—LS 6350/DI 148 4
1 court shall:
2 (1) redact the opinion or memorandum decision as it appears on
3 the computer gateway administered by the office of technology so
4 that it does not include the petitioner's name (in the same manner
5 that opinions involving juveniles are redacted); and
6 (2) provide a redacted copy of the opinion to any publisher or
7 organization to whom the opinion or memorandum decision is
8 provided after the date of the order of expungement.
9 The supreme court and court of appeals are not required to destroy or
10 otherwise dispose of any existing copy of an opinion or memorandum
11 decision that includes the petitioner's name.
12 (d) Notwithstanding subsection (b), a prosecuting attorney may
13 submit a written application to a court that granted an expungement
14 petition under this chapter to gain access to any records that were
15 permanently sealed under subsection (b), if the records are relevant in
16 a new prosecution of the person. If a prosecuting attorney who submits
17 a written application under this subsection shows that the records are
18 relevant for a new prosecution of the person, the court that granted the
19 expungement petition shall:
20 (1) order the records to be unsealed; and
21 (2) allow the prosecuting attorney who submitted the written
22 application to have access to the records.
23 If a court orders records to be unsealed under this subsection, the court
24 shall order the records to be permanently resealed at the earliest
25 possible time after the reasons for unsealing the records cease to exist.
26 However, if the records are admitted as evidence against the person in
27 a new prosecution that results in the person's conviction, or are used to
28 enhance a sentence imposed on the person in a new prosecution, the
29 court is not required to reseal the records.
30 (e) If a person whose conviction records, including any records
31 relating to the conviction and any records concerning a collateral
32 action, are expunged under sections 2 through 5 of this chapter is
33 required to register as a sex offender based on the commission of a
34 felony which has been expunged:
35 (1) the expungement does not affect the operation of the sex
36 offender registry web site, any person's ability to access the
37 person's records, records required to be maintained concerning
38 sex or violent offenders, or any registration requirement imposed
39 on the person; and
40 (2) the expunged conviction records must be clearly marked as
41 expunged on the sex offender registry web site.
42 (f) Expungement of a crime of domestic violence under section 2 of
2023 IN 1362—LS 6350/DI 148 5
1 this chapter does not restore a person's right to possess a firearm. The
2 right of a person convicted of a crime of domestic violence to possess
3 a firearm may be restored only in accordance with IC 35-47-4-7.
4 (g) If a court issues an order granting a petition for expungement
5 under sections 2 through 3 of this chapter, the court shall also order any
6 related records described in section 1(h) of this chapter sealed or
7 redacted in the manner described in section 1 of this chapter, unless the
8 records described in section 1(h) of this chapter have been ordered
9 sealed and redacted under this section.
10 (h) If the court issues an order granting a petition for expungement
11 under sections 2 through 3 of this chapter, the court shall include in its
12 order the information described in section 8(b) of this chapter.
13 SECTION 2. IC 35-42-4-13, AS AMENDED BY P.L.168-2014,
14 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2023]: Sec. 13. (a) This section does not apply to the
16 following:
17 (1) A parent, guardian, or custodian of a child.
18 (2) A person who acts with the permission of a child's parent,
19 guardian, or custodian.
20 (3) A person to whom a child makes a report of abuse or neglect.
21 (4) A person to whom a child reports medical symptoms that
22 relate to or may relate to sexual activity.
23 (b) As used in this section, "sexual activity" means sexual
24 intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5),
25 or the fondling or touching of the buttocks, genitals, or female breasts.
26 (c) A person at least eighteen (18) years of age who knowingly or
27 intentionally communicates with an individual whom the person
28 believes to be a child less than fourteen (14) eighteen (18) years of age
29 concerning sexual activity with the intent to gratify the sexual desires
30 of the person or the individual commits inappropriate communication
31 with a child, a Class B misdemeanor. However, the offense is:
32 (1) a Class A misdemeanor if the person commits the offense by
33 using a computer network (as defined in IC 35-43-2-3(a)); and
34 (2) a Level 6 felony if the person has a prior unrelated conviction
35 for a sex offense (as defined in IC 11-8-8-5.2).
2023 IN 1362—LS 6350/DI 148