Indiana 2023 Regular Session

Indiana House Bill HB1614 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. 1614
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: Repeal of involuntary firearm removal process. Repeals
9	9	provisions concerning the: (1) confiscation and retention of firearms
10	10	from a dangerous person; (2) compilation and publication of statistics
11	11	related to the confiscation and retention of firearms from a dangerous
12	12	person; and (3) making of a false report that a person is dangerous.
13	13	Modifies a provision concerning a petition to find that an individual is
14	14	no longer dangerous.
15	15	Effective: July 1, 2023.
16	16	Payne, Sweet, Lucas, Haggard
17	17	January 19, 2023, read first time and referred to Committee on Courts and Criminal Code.
18	18	2023 IN 1614—LS 6930/DI 144 Introduced
19	19	First Regular Session of the 123rd General Assembly (2023)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2022 Regular Session of the General Assembly.
29	29	HOUSE BILL No. 1614
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning
31	31	criminal law and procedure.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 12-26-6-2, AS AMENDED BY P.L.289-2019,
34	34	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35	35	3 JULY 1, 2023]: Sec. 2. (a) A commitment under this chapter may be
36	36	4 begun by any of the following methods:
37	37	5 (1) Upon request of the superintendent under IC 12-26-3-5.
38	38	6 (2) An order of the court
39	39	7 (A) having jurisdiction over the individual following
40	40	8 emergency detention. or
41	41	9 (B) referring an individual:
42	42	10 (i) following a hearing under IC 35-47-14-6; and
43	43	11 (ii) after a physicians written statement has been filed setting
44	44	12 forth the requirements described in subsections (c)(1) and
45	45	13 (c)(2) of this section.
46	46	14 (3) Filing a petition with a court having jurisdiction in the county:
47	47	15 (A) of residence of the individual; or
48	48	16 (B) where the individual may be found.
49	49	17 (b) A petitioner under subsection (a)(3) must be at least eighteen
50	50	2023 IN 1614—LS 6930/DI 144 2
51	51	1 (18) years of age.
52	52	2 (c) A petition under subsection (a)(3) must include a physician's
53	53	3 written statement stating both of the following:
54	54	4 (1) The physician has examined the individual within the past
55	55	5 thirty (30) days.
56	56	6 (2) The physician believes the individual is:
57	57	7 (A) mentally ill and either dangerous or gravely disabled; and
58	58	8 (B) in need of custody, care, or treatment in an appropriate
59	59	9 facility.
60	60	10 SECTION 2. IC 33-24-6-3, AS AMENDED BY P.L.178-2022(ts),
61	61	11 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
62	62	12 JULY 1, 2023]: Sec. 3. (a) The office of judicial administration shall
63	63	13 do the following:
64	64	14 (1) Examine the administrative and business methods and systems
65	65	15 employed in the offices of the clerks of court and other offices
66	66	16 related to and serving the courts and make recommendations for
67	67	17 necessary improvement.
68	68	18 (2) Collect and compile statistical data and other information on
69	69	19 the judicial work of the courts in Indiana. All justices of the
70	70	20 supreme court, judges of the court of appeals, judges of all trial
71	71	21 courts, and any city or town courts, whether having general or
72	72	22 special jurisdiction, court clerks, court reporters, and other
73	73	23 officers and employees of the courts shall, upon notice by the
74	74	24 chief administrative officer and in compliance with procedures
75	75	25 prescribed by the chief administrative officer, furnish the chief
76	76	26 administrative officer the information as is requested concerning
77	77	27 the nature and volume of judicial business. The information must
78	78	28 include the following:
79	79	29 (A) The volume, condition, and type of business conducted by
80	80	30 the courts.
81	81	31 (B) The methods of procedure in the courts.
82	82	32 (C) The work accomplished by the courts.
83	83	33 (D) The receipt and expenditure of public money by and for
84	84	34 the operation of the courts.
85	85	35 (E) The methods of disposition or termination of cases.
86	86	36 (3) Prepare and publish reports, not less than one (1) or more than
87	87	37 two (2) times per year, on the nature and volume of judicial work
88	88	38 performed by the courts as determined by the information
89	89	39 required in subdivision (2).
90	90	40 (4) Serve the judicial nominating commission and the judicial
91	91	41 qualifications commission in the performance by the commissions
92	92	42 of their statutory and constitutional functions.
93	93	2023 IN 1614—LS 6930/DI 144 3
94	94	1 (5) Administer the civil legal aid fund as required by IC 33-24-12.
95	95	2 (6) Administer the court technology fund established by section
96	96	3 12 of this chapter.
97	97	4 (7) By December 31, 2013, develop and implement a standard
98	98	5 protocol for sending and receiving court data:
99	99	6 (A) between the protective order registry, established by
100	100	7 IC 5-2-9-5.5, and county court case management systems;
101	101	8 (B) at the option of the county prosecuting attorney, for:
102	102	9 (i) a prosecuting attorney's case management system;
103	103	10 (ii) a county court case management system; and
104	104	11 (iii) a county court case management system developed and
105	105	12 operated by the office of judicial administration;
106	106	13 to interface with the electronic traffic tickets, as defined by
107	107	14 IC 9-30-3-2.5; and
108	108	15 (C) between county court case management systems and the
109	109	16 case management system developed and operated by the office
110	110	17 of judicial administration.
111	111	18 The standard protocol developed and implemented under this
112	112	19 subdivision shall permit private sector vendors, including vendors
113	113	20 providing service to a local system and vendors accessing the
114	114	21 system for information, to send and receive court information on
115	115	22 an equitable basis and at an equitable cost, and for a case
116	116	23 management system developed and operated by the office of
117	117	24 judicial administration, must include a searchable field for the
118	118	25 name and bail agent license number, if applicable, of the bail
119	119	26 agent or a person authorized by the surety that pays bail for an
120	120	27 individual as described in IC 35-33-8-3.2.
121	121	28 (8) Establish and administer an electronic system for receiving
122	122	29 information that relates to certain individuals who may be
123	123	30 prohibited from possessing a firearm for the purpose of
124	124	31 (A) transmitting this information to the Federal Bureau of
125	125	32 Investigation for inclusion in the NICS. and
126	126	33 (B) beginning July 1, 2021, compiling and publishing certain
127	127	34 statistics related to the confiscation and retention of firearms
128	128	35 as described under section 14 of this chapter.
129	129	36 (9) Establish and administer an electronic system for receiving
130	130	37 drug related felony conviction information from courts. The office
131	131	38 of judicial administration shall notify NPLEx of each drug related
132	132	39 felony entered after June 30, 2012, and do the following:
133	133	40 (A) Provide NPLEx with the following information:
134	134	41 (i) The convicted individual's full name.
135	135	42 (ii) The convicted individual's date of birth.
136	136	2023 IN 1614—LS 6930/DI 144 4
137	137	1 (iii) The convicted individual's driver's license number, state
138	138	2 personal identification number, or other unique number, if
139	139	3 available.
140	140	4 (iv) The date the individual was convicted of the felony.
141	141	5 Upon receipt of the information from the office of judicial
142	142	6 administration, a stop sale alert must be generated through
143	143	7 NPLEx for each individual reported under this clause.
144	144	8 (B) Notify NPLEx if the felony of an individual reported under
145	145	9 clause (A) has been:
146	146	10 (i) set aside;
147	147	11 (ii) reversed;
148	148	12 (iii) expunged; or
149	149	13 (iv) vacated.
150	150	14 Upon receipt of information under this clause, NPLEx shall
151	151	15 remove the stop sale alert issued under clause (A) for the
152	152	16 individual.
153	153	17 (10) After July 1, 2018, establish and administer an electronic
154	154	18 system for receiving from courts felony or misdemeanor
155	155	19 conviction information for each felony or misdemeanor described
156	156	20 in IC 20-28-5-8(c). The office of judicial administration shall
157	157	21 notify the department of education at least one (1) time each week
158	158	22 of each felony or misdemeanor described in IC 20-28-5-8(c)
159	159	23 entered after July 1, 2018, and do the following:
160	160	24 (A) Provide the department of education with the following
161	161	25 information:
162	162	26 (i) The convicted individual's full name.
163	163	27 (ii) The convicted individual's date of birth.
164	164	28 (iii) The convicted individual's driver's license number, state
165	165	29 personal identification number, or other unique number, if
166	166	30 available.
167	167	31 (iv) The date the individual was convicted of the felony or
168	168	32 misdemeanor.
169	169	33 (B) Notify the department of education if the felony or
170	170	34 misdemeanor of an individual reported under clause (A) has
171	171	35 been:
172	172	36 (i) set aside;
173	173	37 (ii) reversed; or
174	174	38 (iii) vacated.
175	175	39 (11) Perform legal and administrative duties for the justices as
176	176	40 determined by the justices.
177	177	41 (12) Provide staff support for the judicial conference of Indiana
178	178	42 established in IC 33-38-9.
179	179	2023 IN 1614—LS 6930/DI 144 5
180	180	1 (13) Work with the United States Department of Veterans Affairs
181	181	2 to identify and address the needs of veterans in the court system.
182	182	3 (14) If necessary for purposes of IC 35-47-16-1, issue a retired
183	183	4 judicial officer an identification card identifying the retired
184	184	5 judicial officer as a retired judicial officer.
185	185	6 (15) Establish and administer the statewide juvenile justice data
186	186	7 aggregation plan established under section 12.5 of this chapter.
187	187	8 (b) All forms to be used in gathering data must be approved by the
188	188	9 supreme court and shall be distributed to all judges and clerks before
189	189	10 the start of each period for which reports are required.
190	190	11 (c) The office of judicial administration may adopt rules to
191	191	12 implement this section.
192	192	13 SECTION 3. IC 33-24-6-14 IS REPEALED [EFFECTIVE JULY 1,
193	193	14 2023]. Sec. 14. (a) The following definitions apply throughout this
194	194	15 section:
195	195	16 (1) "Dangerous" has the meaning set forth in IC 35-47-14-1.
196	196	17 (2) "Firearm" has the meaning set forth in IC 35-47-1-5.
197	197	18 (3) "Office" means the office of judicial administration created by
198	198	19 section 1 of this chapter.
199	199	20 (b) Beginning July 1, 2021, the office shall collect and record the
200	200	21 following information:
201	201	22 (1) The law enforcement agency responsible for each confiscation
202	202	23 of a firearm under IC 35-47-14-2 and IC 35-47-14-3.
203	203	24 (2) The number of:
204	204	25 (A) warrant based firearm confiscations under IC 35-47-14-2;
205	205	26 and
206	206	27 (B) warrantless firearm confiscations under IC 35-47-14-3;
207	207	28 for each county, as applicable, each year.
208	208	29 (3) The total number of:
209	209	30 (A) handguns; and
210	210	31 (B) long guns;
211	211	32 confiscated under IC 35-47-14 for each county, as applicable,
212	212	33 each year.
213	213	34 (4) The county in which a court issues an order that finds or does
214	214	35 not find an individual to be dangerous under IC 35-47-14-6.
215	215	36 (c) The office shall, beginning July 1, 2021, not later than January
216	216	37 1 of each year, submit a report to the legislative council in an electronic
217	217	38 format under IC 5-14-6 that consolidates and presents the information
218	218	39 described in subsection (b).
219	219	40 (d) Notwithstanding subsections (b) and (c) and information
220	220	41 provided to a law enforcement agency for the purposes of handgun
221	221	42 licenses, the office shall not disclose, distribute, transfer, or provide the
222	222	2023 IN 1614—LS 6930/DI 144 6
223	223	1 following information to any person, entity, agency, or department:
224	224	2 (1) The:
225	225	3 (A) name;
226	226	4 (B) date of birth;
227	227	5 (C) Social Security number;
228	228	6 (D) address; or
229	229	7 (E) other unique identifier;
230	230	8 belonging to or associated with an individual alleged to be
231	231	9 dangerous by a law enforcement officer or found to be dangerous
232	232	10 by a circuit or superior court.
233	233	11 (2) The make, model, or serial number of any handgun, long gun,
234	234	12 or firearm seized, confiscated, retained, disposed of, or sold under
235	235	13 IC 35-47-14.
236	236	14 (e) Information:
237	237	15 (1) collected by the office; or
238	238	16 (2) used by the office;
239	239	17 to prepare the report described in subsection (c) is confidential and not
240	240	18 subject to public inspection or copying under IC 5-14-3-3.
241	241	19 (f) The office shall make the report described in subsection (c)
242	242	20 available to the public.
243	243	21 (g) The office may adopt rules under IC 4-22-2 to implement this
244	244	22 section.
245	245	23 SECTION 4. IC 35-31.5-2-81.5 IS REPEALED [EFFECTIVE JULY
246	246	24 1, 2023]. Sec. 81.5. "Dangerous", for purposes of IC 35-47-4-6.5,
247	247	25 IC 35-47-4-6.7, and IC 35-47-14, has the meaning set forth in
248	248	26 IC 35-47-14-1.
249	249	27 SECTION 5. IC 35-33-5-1, AS AMENDED BY P.L.1-2006,
250	250	28 SECTION 526, IS AMENDED TO READ AS FOLLOWS
251	251	29 [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) A court may issue warrants
252	252	30 only upon probable cause, supported by oath or affirmation, to search
253	253	31 any place for any of the following:
254	254	32 (1) Property which is obtained unlawfully.
255	255	33 (2) Property, the possession of which is unlawful.
256	256	34 (3) Property used or possessed with intent to be used as the means
257	257	35 of committing an offense or concealed to prevent an offense from
258	258	36 being discovered.
259	259	37 (4) Property constituting evidence of an offense or tending to
260	260	38 show that a particular person committed an offense.
261	261	39 (5) Any person.
262	262	40 (6) Evidence necessary to enforce statutes enacted to prevent
263	263	41 cruelty to or neglect of children.
264	264	42 (7) A firearm possessed by a person who is dangerous (as defined
265	265	2023 IN 1614—LS 6930/DI 144 7
266	266	1 in IC 35-47-14-1).
267	267	2 (b) As used in this section, "place" includes any location where
268	268	3 property might be secreted or hidden, including buildings, persons, or
269	269	4 vehicles.
270	270	5 SECTION 6. IC 35-33-5-5, AS AMENDED BY P.L.89-2022,
271	271	6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
272	272	7 JULY 1, 2023]: Sec. 5. (a) All items of property seized by any law
273	273	8 enforcement agency as a result of an arrest, search warrant, or
274	274	9 warrantless search, shall be securely held by the law enforcement
275	275	10 agency under the order of the court trying the cause, except as provided
276	276	11 in this section.
277	277	12 (b) Evidence that consists of property obtained unlawfully from its
278	278	13 owner may be returned by the law enforcement agency to the owner
279	279	14 before trial, in accordance with IC 35-43-4-4(h).
280	280	15 (c) Following the final disposition of the cause at trial level or any
281	281	16 other final disposition the following shall be done:
282	282	17 (1) Property which may be lawfully possessed shall be returned
283	283	18 to its rightful owner, if known. If ownership is unknown, a
284	284	19 reasonable attempt shall be made by the law enforcement agency
285	285	20 holding the property to ascertain ownership of the property. After
286	286	21 ninety (90) days from the time:
287	287	22 (A) the rightful owner has been notified to take possession of
288	288	23 the property; or
289	289	24 (B) a reasonable effort has been made to ascertain ownership
290	290	25 of the property;
291	291	26 the law enforcement agency holding the property shall, at a
292	292	27 convenient time, dispose of this property at a public auction. The
293	293	28 proceeds of this property shall be paid into the county general
294	294	29 fund.
295	295	30 (2) Except as provided in subsection (e), property, the possession
296	296	31 of which is unlawful, shall be destroyed by the law enforcement
297	297	32 agency holding it sixty (60) days after final disposition of the
298	298	33 cause.
299	299	34 (3) A firearm that has been seized from a person who is
300	300	35 dangerous (as defined in IC 35-47-14-1 (before its repeal)) shall
301	301	36 be retained, returned, or disposed of in accordance with
302	302	37 IC 35-47-14.
303	303	38 (d) Except as provided in subsection (g), if any property described
304	304	39 in subsection (c) was admitted into evidence in the cause, the property
305	305	40 shall be disposed of in accordance with an order of the court trying the
306	306	41 cause.
307	307	42 (e) A law enforcement agency may destroy or cause to be destroyed
308	308	2023 IN 1614—LS 6930/DI 144 8
309	309	1 chemicals, controlled substances, or chemically contaminated
310	310	2 equipment (including drug paraphernalia as described in
311	311	3 IC 35-48-4-8.5) associated with the illegal manufacture of drugs or
312	312	4 controlled substances without a court order if all the following
313	313	5 conditions are met:
314	314	6 (1) The law enforcement agency collects and preserves a
315	315	7 sufficient quantity of the chemicals, controlled substances, or
316	316	8 chemically contaminated equipment to demonstrate that the
317	317	9 chemicals, controlled substances, or chemically contaminated
318	318	10 equipment was associated with the illegal manufacture of drugs
319	319	11 or controlled substances.
320	320	12 (2) The law enforcement agency takes photographs of the illegal
321	321	13 drug manufacturing site that accurately depict the presence and
322	322	14 quantity of chemicals, controlled substances, and chemically
323	323	15 contaminated equipment.
324	324	16 (3) The law enforcement agency completes a chemical inventory
325	325	17 report that describes the type and quantities of chemicals,
326	326	18 controlled substances, and chemically contaminated equipment
327	327	19 present at the illegal manufacturing site.
328	328	20 The photographs and description of the property shall be admissible
329	329	21 into evidence in place of the actual physical evidence.
330	330	22 (f) For purposes of preserving the record of any conviction on
331	331	23 appeal, a photograph demonstrating the nature of the property, and an
332	332	24 adequate description of the property must be obtained before the
333	333	25 disposition of the property. In the event of a retrial, the photograph and
334	334	26 description of the property shall be admissible into evidence in place
335	335	27 of the actual physical evidence. All other rules of law governing the
336	336	28 admissibility of evidence shall apply to the photographs.
337	337	29 (g) All evidence for a violent offense (as defined in IC 11-12-3.7-6)
338	338	30 in the law enforcement agency's possession or control that could be
339	339	31 subjected to DNA testing and analysis shall be preserved by the law
340	340	32 enforcement agency for the later of the following:
341	341	33 (1) Twenty (20) years from the date the defendant's conviction
342	342	34 becomes final.
343	343	35 (2) The period of the defendant's incarceration.
344	344	36 In cases where an investigation did not result in a conviction, the
345	345	37 evidence shall be preserved until the expiration of the statute of
346	346	38 limitations for the alleged offense. If the preservation of the evidence
347	347	39 is impracticable, the law enforcement agency shall remove portions of
348	348	40 the material evidence likely to contain biological evidence related to
349	349	41 the offense, in a quantity sufficient to permit future DNA testing before
350	350	42 returning or disposing of the physical evidence. At subsequent hearings
351	351	2023 IN 1614—LS 6930/DI 144 9
352	352	1 or trials, all records, notes, identification numbers, photographs, and
353	353	2 other documentation relating to the preservation of biological evidence
354	354	3 shall be admissible into evidence.
355	355	4 (h) The law enforcement agency disposing of property in any
356	356	5 manner provided in subsection (b), (c), (e), or (g), shall maintain
357	357	6 certified records of any disposition under subsection (b), (c), (e), or (g).
358	358	7 Disposition by destruction of property shall be witnessed by two (2)
359	359	8 persons who shall also attest to the destruction.
360	360	9 (i) This section does not affect the procedure for the disposition of
361	361	10 firearms seized by a law enforcement agency.
362	362	11 (j) A law enforcement agency that disposes of property by auction
363	363	12 under this section shall permanently stamp or otherwise permanently
364	364	13 identify the property as property sold by the law enforcement agency.
365	365	14 (k) Upon motion of the prosecuting attorney, the court shall order
366	366	15 property seized under IC 34-24-1 transferred, subject to the perfected
367	367	16 liens or other security interests of any person in the property, to the
368	368	17 appropriate federal authority for disposition under 18 U.S.C. 981(e), 19
369	369	18 U.S.C. 1616a, or 21 U.S.C. 881(e) and any related regulations adopted
370	370	19 by the United States Department of Justice.
371	371	20 (l) The law enforcement agency responsible for disposing of
372	372	21 property under subsection (g), shall do the following:
373	373	22 (1) Maintain a record of the preserved evidence.
374	374	23 (2) Schedule a disposal date for the preserved evidence.
375	375	24 (3) Provide notice to the last known address of the defendant and
376	376	25 the defendant's attorney:
377	377	26 (A) when the preserved evidence is removed from its secure
378	378	27 location; or
379	379	28 (B) of the date the preserved evidence has been marked for
380	380	29 disposal.
381	381	30 The defendant or the defendant's attorney must provide the most
382	382	31 current address of the defendant or the defendant's attorney to the law
383	383	32 enforcement agency responsible for disposing of property in order to
384	384	33 effectively receive proper notice. If the law enforcement agency
385	385	34 responsible for disposing of property does not have the defendant's or
386	386	35 the defendant's attorney's most current address on file, then the notice
387	387	36 requirement is deemed waived.
388	388	37 (m) Failure of a law enforcement agency to follow the procedures
389	389	38 described in this section may constitute contempt of court. However,
390	390	39 failure to follow the procedures described in this section shall not be
391	391	40 grounds for reversal of a conviction unless the defendant proves a
392	392	41 violation of the defendant's due process rights.
393	393	42 (n) Nothing in subsection (g) shall preclude a law enforcement
394	394	2023 IN 1614—LS 6930/DI 144 10
395	395	1 agency from submitting biological evidence to forensic DNA testing or
396	396	2 analysis, at its own initiative or at the request of a prosecuting attorney,
397	397	3 if such testing will not consume the remainder of the evidence. If such
398	398	4 testing would consume the remainder of the evidence, the prosecuting
399	399	5 attorney may seek a court order allowing such testing under
400	400	6 IC 35-38-7-17.
401	401	7 SECTION 7. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021,
402	402	8 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
403	403	9 JULY 1, 2023]: Sec. 3. (a) As used in this section, "consumer product"
404	404	10 has the meaning set forth in IC 35-45-8-1.
405	405	11 (b) As used in this section, "misconduct" means a violation of a
406	406	12 departmental rule or procedure of a law enforcement agency.
407	407	13 (c) A person who reports that:
408	408	14 (1) the person or another person has placed or intends to place an
409	409	15 explosive, a destructive device, or other destructive substance in
410	410	16 a building or transportation facility;
411	411	17 (2) there has been or there will be tampering with a consumer
412	412	18 product introduced into commerce; or
413	413	19 (3) there has been or will be placed or introduced a weapon of
414	414	20 mass destruction in a building or a place of assembly;
415	415	21 knowing the report to be false, commits false reporting, a Level 6
416	416	22 felony.
417	417	23 (d) A person who:
418	418	24 (1) gives:
419	419	25 (A) a false report of the commission of a crime; or
420	420	26 (B) false information to a law enforcement officer that relates
421	421	27 to the commission of a crime;
422	422	28 knowing the report or information to be false;
423	423	29 (2) gives a false alarm of fire to the fire department of a
424	424	30 governmental entity, knowing the alarm to be false;
425	425	31 (3) makes a false request for ambulance service to an ambulance
426	426	32 service provider, knowing the request to be false;
427	427	33 (4) gives a false report concerning a missing child (as defined in
428	428	34 IC 10-13-5-4) or missing endangered adult (as defined in
429	429	35 IC 12-7-2-131.3) or gives false information to a law enforcement
430	430	36 officer or a governmental entity that relates to a missing child or
431	431	37 missing endangered adult knowing the report or information to be
432	432	38 false;
433	433	39 (5) makes a complaint against a law enforcement officer to the
434	434	40 state or municipality (as defined in IC 8-1-13-3(b)) that employs
435	435	41 the officer:
436	436	42 (A) alleging the officer engaged in misconduct while
437	437	2023 IN 1614—LS 6930/DI 144 11
438	438	1 performing the officer's duties; and
439	439	2 (B) knowing the complaint to be false;
440	440	3 (6) makes a false report of a missing person, knowing the report
441	441	4 or information is false; or
442	442	5 (7) gives a false report of actions, behavior, or conditions
443	443	6 concerning:
444	444	7 (A) a septic tank soil absorption system under IC 8-1-2-125 or
445	445	8 IC 13-26-5-2.5; or
446	446	9 (B) a septic tank soil absorption system or constructed wetland
447	447	10 septic system under IC 36-9-23-30.1;
448	448	11 knowing the report or information to be false; or
449	449	12 (8) makes a false report that a person is dangerous (as defined in
450	450	13 IC 35-47-14-1) knowing the report or information to be false;
451	451	14 commits false informing, a Class B misdemeanor. However, the offense
452	452	15 is a Class A misdemeanor if it substantially hinders any law
453	453	16 enforcement process or if it results in harm to another person.
454	454	17 SECTION 8. IC 35-47-1-7, AS AMENDED BY P.L.289-2019,
455	455	18 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
456	456	19 JULY 1, 2023]: Sec. 7. "Proper person" means a person who:
457	457	20 (1) does not have a conviction for resisting law enforcement
458	458	21 under IC 35-44.1-3-1 within five (5) years before the person
459	459	22 applies for a license or permit under this chapter;
460	460	23 (2) does not have a conviction for a crime for which the person
461	461	24 could have been sentenced for more than one (1) year;
462	462	25 (3) does not have a conviction for a crime of domestic violence
463	463	26 (as defined in IC 35-31.5-2-78), unless a court has restored the
464	464	27 person's right to possess a firearm under IC 35-47-4-7;
465	465	28 (4) is not prohibited by a court order from possessing a handgun;
466	466	29 (5) does not have a record of being an alcohol or drug abuser as
467	467	30 defined in this chapter;
468	468	31 (6) does not have documented evidence which would give rise to
469	469	32 a reasonable belief that the person has a propensity for violent or
470	470	33 emotionally unstable conduct;
471	471	34 (7) does not make a false statement of material fact on the
472	472	35 person's application;
473	473	36 (8) does not have a conviction for any crime involving an inability
474	474	37 to safely handle a handgun;
475	475	38 (9) does not have a conviction for violation of the provisions of
476	476	39 this article within five (5) years of the person's application;
477	477	40 (10) does not have an adjudication as a delinquent child for an act
478	478	41 that would be a felony if committed by an adult, if the person
479	479	42 applying for a license or permit under this chapter is less than
480	480	2023 IN 1614—LS 6930/DI 144 12
481	481	1 twenty-three (23) years of age;
482	482	2 (11) has not been involuntarily committed, other than a temporary
483	483	3 commitment for observation or evaluation, to a mental institution
484	484	4 by a court, board, commission, or other lawful authority;
485	485	5 (12) has not been the subject of a:
486	486	6 (A) ninety (90) day commitment as a result of proceeding
487	487	7 under IC 12-26-6; or
488	488	8 (B) regular commitment under IC 12-26-7; or
489	489	9 (13) has not been found by a court to be mentally incompetent,
490	490	10 including being found:
491	491	11 (A) not guilty by reason of insanity;
492	492	12 (B) guilty but mentally ill; or
493	493	13 (C) incompetent to stand trial. or
494	494	14 (14) is not currently designated as dangerous (as defined in
495	495	15 IC 35-47-14-1) by a court following a hearing under
496	496	16 IC 35-47-14-6.
497	497	17 SECTION 9. IC 35-47-2-1.5, AS ADDED BY P.L.175-2022,
498	498	18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
499	499	19 JULY 1, 2023]: Sec. 1.5. (a) The following terms are defined for this
500	500	20 section:
501	501	21 (1) "Adjudicated a mental defective" means a determination by a
502	502	22 court that a person:
503	503	23 (A) presents a danger to the person or to others; or
504	504	24 (B) lacks the mental capacity necessary to contract or manage
505	505	25 the person's affairs.
506	506	26 The term includes a finding of insanity by a court in a criminal
507	507	27 proceeding.
508	508	28 (2) "Alien" means any person who is not lawfully in the United
509	509	29 States. The term includes:
510	510	30 (A) any person who has:
511	511	31 (i) entered the United States without inspection and
512	512	32 authorization by an immigration officer; and
513	513	33 (ii) not been paroled into the United States under the federal
514	514	34 Immigration and Nationality Act;
515	515	35 (B) a nonimmigrant:
516	516	36 (i) whose authorized period of stay has expired; or
517	517	37 (ii) who has violated the terms of the nonimmigrant category
518	518	38 under which the person was admitted;
519	519	39 (C) a person paroled under the federal Immigration and
520	520	40 Nationality Act whose period of parole has:
521	521	41 (i) expired; or
522	522	42 (ii) been terminated; and
523	523	2023 IN 1614—LS 6930/DI 144 13
524	524	1 (D) a person subject to an order:
525	525	2 (i) of deportation, exclusion, or removal; or
526	526	3 (ii) to depart the United States voluntarily;
527	527	4 regardless of whether or not the person has left the United
528	528	5 States.
529	529	6 (3) "Committed to a mental institution" means the formal
530	530	7 commitment of a person to a mental institution by a court. The
531	531	8 term includes:
532	532	9 (A) a commitment for:
533	533	10 (i) a cognitive or mental defect; or
534	534	11 (ii) a mental illness; and
535	535	12 (B) involuntary commitments.
536	536	13 The term does not include voluntary commitments or a
537	537	14 commitment made for observational purposes.
538	538	15 (4) "Crime of domestic violence" has the meaning set forth in
539	539	16 IC 35-31.5-2-78.
540	540	17 (5) "Dangerous" has the meaning set forth in IC 35-47-14-1.
541	541	18 (6) (5) "Fugitive from justice" means any person who:
542	542	19 (A) flees or leaves from any state to avoid prosecution for a
543	543	20 felony or misdemeanor offense; or
544	544	21 (B) flees or leaves any state to avoid testifying in a criminal
545	545	22 proceeding.
546	546	23 (7) (6) "Indictment" means any formal accusation of a crime made
547	547	24 by a prosecuting attorney in any court for a crime punishable by
548	548	25 a term of imprisonment exceeding one (1) year.
549	549	26 (8) (7) A crime or offense "punishable by a term of imprisonment
550	550	27 exceeding one (1) year" does not include a federal or state crime
551	551	28 or offense pertaining to antitrust violations, unfair trade practices,
552	552	29 restraints of trade, or other similar offenses relating to the
553	553	30 regulation of business practices.
554	554	31 (b) Except as provided in subsections subsection (c), and (d), the
555	555	32 following persons may not knowingly or intentionally carry a handgun:
556	556	33 (1) A person convicted of a federal or state offense punishable by
557	557	34 a term of imprisonment exceeding one (1) year.
558	558	35 (2) A fugitive from justice.
559	559	36 (3) An alien.
560	560	37 (4) A person convicted of:
561	561	38 (A) a crime of domestic violence (IC 35-31.5-2-78);
562	562	39 (B) domestic battery (IC 35-42-2-1.3); or
563	563	40 (C) criminal stalking (IC 35-45-10-5).
564	564	41 (5) A person restrained by an order of protection issued under
565	565	42 IC 34-26-5.
566	566	2023 IN 1614—LS 6930/DI 144 14
567	567	1 (6) A person under indictment.
568	568	2 (7) A person who has been:
569	569	3 (A) adjudicated dangerous under IC 35-47-14-6;
570	570	4 (B) (A) adjudicated a mental defective; or
571	571	5 (C) (B) committed to a mental institution.
572	572	6 (8) A person dishonorably discharged from:
573	573	7 (A) military service; or
574	574	8 (B) the National Guard.
575	575	9 (9) A person who renounces the person's United States citizenship
576	576	10 in the manner described in 8 U.S.C. 1481.
577	577	11 (10) A person who is less than:
578	578	12 (A) eighteen (18) years of age; or
579	579	13 (B) twenty-three (23) years of age and has an adjudication as
580	580	14 a delinquent child for an act described by IC 35-47-4-5;
581	581	15 unless authorized under IC 35-47-10.
582	582	16 (c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person if
583	583	17 a court has restored the person's right to possess a firearm under
584	584	18 IC 35-47-4-7.
585	585	19 (d) A person who has:
586	586	20 (1) been adjudicated dangerous under IC 35-47-14-6; and
587	587	21 (2) successfully petitioned for the return of a firearm under
588	588	22 IC 35-47-14-8 with respect to the adjudication under subdivision
589	589	23 (1);
590	590	24 is not prohibited from carrying a handgun under subsection (b) on the
591	591	25 basis that the person was adjudicated dangerous under subdivision (1).
592	592	26 However, the person may still be prohibited from carrying a handgun
593	593	27 on one (1) or more of the other grounds listed in subsection (b).
594	594	28 (e) (d) A person who violates this section commits unlawful
595	595	29 carrying of a handgun, a Class A misdemeanor. However, the offense
596	596	30 is a Level 5 felony if:
597	597	31 (1) the offense is committed:
598	598	32 (A) on or in school property;
599	599	33 (B) within five hundred (500) feet of school property; or
600	600	34 (C) on a school bus; or
601	601	35 (2) the person:
602	602	36 (A) has a prior conviction of any offense under:
603	603	37 (i) this section;
604	604	38 (ii) section 1 of this chapter (carrying a handgun without a
605	605	39 license) (before its repeal); or
606	606	40 (iii) section 22 of this chapter; or
607	607	41 (B) has been convicted of a felony within fifteen (15) years
608	608	42 before the date of the offense.
609	609	2023 IN 1614—LS 6930/DI 144 15
610	610	1 SECTION 10. IC 35-47-4-6.5 IS REPEALED [EFFECTIVE JULY
611	611	2 1, 2023]. Sec. 6.5. A person who:
612	612	3 (1) has been found to be dangerous by a circuit or superior court
613	613	4 having jurisdiction over the person following a hearing under
614	614	5 IC 35-47-14-6; and
615	615	6 (2) knowingly or intentionally:
616	616	7 (A) rents;
617	617	8 (B) purchases;
618	618	9 (C) receives transfer of;
619	619	10 (D) owns; or
620	620	11 (E) possesses;
621	621	12 a firearm commits unlawful possession of a firearm by a dangerous
622	622	13 person, a Class A misdemeanor.
623	623	14 SECTION 11. IC 35-47-4-6.7 IS REPEALED [EFFECTIVE JULY
624	624	15 1, 2023]. Sec. 6.7. A person who knowingly or intentionally rents,
625	625	16 transfers, sells, or offers for sale a firearm to another person who the
626	626	17 person knows to be found dangerous by a circuit or superior court
627	627	18 following a hearing under IC 35-47-14-6 commits unlawful transfer of
628	628	19 a firearm to a dangerous person, a Level 5 felony.
629	629	20 SECTION 12. IC 35-47-14-1 IS REPEALED [EFFECTIVE JULY
630	630	21 1, 2023]. Sec. 1. (a) For the purposes of this chapter, an individual is
631	631	22 "dangerous" if:
632	632	23 (1) the individual presents an imminent risk of personal injury to
633	633	24 the individual or to another individual; or
634	634	25 (2) it is probable that the individual will present a risk of personal
635	635	26 injury to the individual or to another individual in the future and
636	636	27 the individual:
637	637	28 (A) has a mental illness (as defined in IC 12-7-2-130) that may
638	638	29 be controlled by medication, and has not demonstrated a
639	639	30 pattern of voluntarily and consistently taking the individual's
640	640	31 medication while not under supervision; or
641	641	32 (B) is the subject of documented evidence that would give rise
642	642	33 to a reasonable belief that the individual has a propensity for
643	643	34 violent or suicidal conduct.
644	644	35 (b) The fact that an individual has been released from a mental
645	645	36 health facility or has a mental illness that is currently controlled by
646	646	37 medication does not establish that the individual is dangerous for the
647	647	38 purposes of this chapter.
648	648	39 SECTION 13. IC 35-47-14-1.5, AS ADDED BY P.L.289-2019,
649	649	40 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
650	650	41 JULY 1, 2023]: Sec. 1.5. For the purposes of this chapter, an individual
651	651	42 is a "responsible third party" if:
652	652	2023 IN 1614—LS 6930/DI 144 16
653	653	1 (1) the individual does not cohabitate with the person found to be
654	654	2 dangerous (as defined under section 1 of this chapter before its
655	655	3 repeal) in the hearing conducted under section 6 of this chapter
656	656	4 (before its repeal);
657	657	5 (2) the individual is a proper person (as defined under
658	658	6 IC 35-47-1-7) who may lawfully possess a firearm; and
659	659	7 (3) the individual is willing to enter into a written court agreement
660	660	8 to accept the transfer of the firearm as a responsible third party
661	661	9 under section 10 of this chapter.
662	662	10 SECTION 14. IC 35-47-14-2 IS REPEALED [EFFECTIVE JULY
663	663	11 1, 2023]. Sec. 2. (a) A circuit or superior court may issue a warrant to
664	664	12 search for and seize a firearm in the possession of an individual who is
665	665	13 dangerous if:
666	666	14 (1) a law enforcement officer provides the court a sworn affidavit
667	667	15 that:
668	668	16 (A) states why the law enforcement officer believes that the
669	669	17 individual is dangerous and in possession of a firearm; and
670	670	18 (B) describes the law enforcement officer's interactions and
671	671	19 conversations with:
672	672	20 (i) the individual who is alleged to be dangerous; or
673	673	21 (ii) another individual, if the law enforcement officer
674	674	22 believes that information obtained from this individual is
675	675	23 credible and reliable;
676	676	24 that have led the law enforcement officer to believe that the
677	677	25 individual is dangerous and in possession of a firearm;
678	678	26 (2) the affidavit specifically describes the location of the firearm;
679	679	27 and
680	680	28 (3) the circuit or superior court determines that probable cause
681	681	29 exists to believe that the individual is:
682	682	30 (A) dangerous; and
683	683	31 (B) in possession of a firearm.
684	684	32 (b) A law enforcement agency responsible for the seizure of the
685	685	33 firearm under this section shall file a search warrant return with the
686	686	34 court setting forth the:
687	687	35 (1) quantity; and
688	688	36 (2) type;
689	689	37 of each firearm seized from an individual under this section. Beginning
690	690	38 July 1, 2021, the court shall provide information described under this
691	691	39 subsection to the office of judicial administration in a manner required
692	692	40 by the office.
693	693	41 SECTION 15. IC 35-47-14-3 IS REPEALED [EFFECTIVE JULY
694	694	42 1, 2023]. Sec. 3. (a) If a law enforcement officer seizes a firearm from
695	695	2023 IN 1614—LS 6930/DI 144 17
696	696	1 an individual whom the law enforcement officer believes to be
697	697	2 dangerous without obtaining a warrant, the law enforcement officer
698	698	3 shall submit to the circuit or superior court having jurisdiction over the
699	699	4 individual believed to be dangerous an affidavit describing the basis for
700	700	5 the law enforcement officer's belief that the individual is dangerous.
701	701	6 (b) An affidavit described in subsection (a) shall:
702	702	7 (1) set forth the quantity and type of each firearm seized from the
703	703	8 individual under this section; and
704	704	9 (2) be submitted to a circuit or superior court having jurisdiction
705	705	10 over the individual believed to be dangerous not later than
706	706	11 forty-eight (48) hours after the seizure of the firearm.
707	707	12 (c) The court shall review the affidavit described in subsection (a)
708	708	13 as soon as possible.
709	709	14 (d) If the court finds that probable cause exists to believe that the
710	710	15 individual is dangerous, the court shall order the law enforcement
711	711	16 agency having custody of the firearm to retain the firearm. Beginning
712	712	17 July 1, 2021, the court shall provide information described under this
713	713	18 subsection and subsection (b)(1) to the office of judicial administration
714	714	19 in a manner required by the office.
715	715	20 (e) If the court finds that there is no probable cause to believe that
716	716	21 the individual is dangerous, the court shall order the law enforcement
717	717	22 agency having custody of the firearm to return the firearm to the
718	718	23 individual as quickly as practicable, but not later than five (5) days
719	719	24 after the date of the order.
720	720	25 SECTION 16. IC 35-47-14-4 IS REPEALED [EFFECTIVE JULY
721	721	26 1, 2023]. Sec. 4. If a court issued a warrant to seize a firearm under this
722	722	27 chapter, the law enforcement officer who served the warrant shall, not
723	723	28 later than forty-eight (48) hours after the warrant was served, file a
724	724	29 return with the court that:
725	725	30 (1) states that the warrant was served; and
726	726	31 (2) sets forth:
727	727	32 (A) the time and date on which the warrant was served;
728	728	33 (B) the name and address of the individual named in the
729	729	34 warrant; and
730	730	35 (C) the quantity and identity of any firearms seized by the law
731	731	36 enforcement officer.
732	732	37 SECTION 17. IC 35-47-14-5 IS REPEALED [EFFECTIVE JULY
733	733	38 1, 2023]. Sec. 5. (a) After the filing of a search warrant return under
734	734	39 section 2 of this chapter or the filing of an affidavit under section 3 of
735	735	40 this chapter, the court shall conduct a hearing.
736	736	41 (b) The court shall make a good faith effort to conduct the hearing
737	737	42 not later than fourteen (14) days after the filing of a search warrant
738	738	2023 IN 1614—LS 6930/DI 144 18
739	739	1 return under section 2 of this chapter or the filing of an affidavit under
740	740	2 section 3 of this chapter. If the hearing cannot be conducted within
741	741	3 fourteen (14) days after the filing of the search warrant return or
742	742	4 affidavit, the court shall conduct the hearing as soon as possible.
743	743	5 However, a request for a continuance of the hearing described in this
744	744	6 subsection for a period of not more than sixty (60) days from the
745	745	7 individual from whom the firearm was seized shall be liberally granted.
746	746	8 The court shall inform:
747	747	9 (1) the prosecuting attorney; and
748	748	10 (2) the individual from whom the firearm was seized;
749	749	11 of the date, time, and location of the hearing. The court may conduct
750	750	12 the hearing at a facility or other suitable place not likely to have a
751	751	13 harmful effect upon the individual's health or well-being.
752	752	14 SECTION 18. IC 35-47-14-6 IS REPEALED [EFFECTIVE JULY
753	753	15 1, 2023]. Sec. 6. (a) The court shall conduct a hearing as required under
754	754	16 this chapter.
755	755	17 (b) The state has the burden of proving all material facts by clear
756	756	18 and convincing evidence.
757	757	19 (c) If the court determines that the state has proved by clear and
758	758	20 convincing evidence that the individual is dangerous, the court shall
759	759	21 issue a written order:
760	760	22 (1) finding the individual is dangerous (as defined in section 1 of
761	761	23 this chapter);
762	762	24 (2) ordering the law enforcement agency having custody of the
763	763	25 seized firearm to retain the firearm;
764	764	26 (3) ordering the individual's license to carry a handgun, if
765	765	27 applicable, suspended; and
766	766	28 (4) enjoining the individual from:
767	767	29 (A) renting;
768	768	30 (B) receiving transfer of;
769	769	31 (C) owning; or
770	770	32 (D) possessing;
771	771	33 a firearm; and
772	772	34 determine whether the individual should be referred to further
773	773	35 proceedings to consider whether the individual should be involuntarily
774	774	36 detained or committed under IC 12-26-6-2(a)(2)(B).
775	775	37 (d) If the court finds that the individual is dangerous under
776	776	38 subsection (c), the clerk shall transmit the order of the court to the
777	777	39 office of judicial administration:
778	778	40 (1) for transmission to NICS (as defined in IC 35-47-2.5-2.5); and
779	779	41 (2) beginning July 1, 2021, for the collection of certain data
780	780	42 related to the confiscation and retention of firearms taken from
781	781	2023 IN 1614—LS 6930/DI 144 19
782	782	1 dangerous individuals;
783	783	2 in accordance with IC 33-24-6-3.
784	784	3 (e) If the court orders a law enforcement agency to retain a firearm,
785	785	4 the law enforcement agency shall retain the firearm until the court
786	786	5 orders the firearm returned or otherwise disposed of.
787	787	6 (f) If the court determines that the state has failed to prove by clear
788	788	7 and convincing evidence that the individual is dangerous, the court
789	789	8 shall issue a written order that:
790	790	9 (1) the individual is not dangerous (as defined in section 1 of this
791	791	10 chapter); and
792	792	11 (2) the law enforcement agency having custody of the firearm
793	793	12 shall return the firearm as quickly as practicable, but not later
794	794	13 than five (5) days after the date of the order, to the individual
795	795	14 from whom it was seized.
796	796	15 SECTION 19. IC 35-47-14-7 IS REPEALED [EFFECTIVE JULY
797	797	16 1, 2023]. Sec. 7. If the court, in a hearing conducted under section 5 of
798	798	17 this chapter, determines that:
799	799	18 (1) the individual from whom a firearm was seized is dangerous;
800	800	19 and
801	801	20 (2) the firearm seized from the individual is owned by another
802	802	21 individual;
803	803	22 the court may order the law enforcement agency having custody of the
804	804	23 firearm to return the firearm to the owner of the firearm.
805	805	24 SECTION 20. IC 35-47-14-8, AS AMENDED BY P.L.142-2020,
806	806	25 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
807	807	26 JULY 1, 2023]: Sec. 8. (a) If a court ordered a law enforcement
808	808	27 agency to retain a firearm under section 3 or 6 of this chapter
809	809	28 (before their repeal), the law enforcement agency shall retain the
810	810	29 firearm until the court orders the firearm returned or otherwise
811	811	30 disposed of.
812	812	31 (a) (b) At least one hundred eighty (180) days After the date on
813	813	32 which a court orders a law enforcement agency to retain an individual's
814	814	33 firearm under section 6(c) of this chapter (before its repeal), the
815	815	34 individual may petition the court for a finding that the individual is no
816	816	35 longer dangerous.
817	817	36 (b) (c) Upon receipt of a petition described in subsection (a), (b), the
818	818	37 court shall:
819	819	38 (1) enter an order setting a date for a hearing on the petition; and
820	820	39 (2) inform the prosecuting attorney of the date, time, and location
821	821	40 of the hearing.
822	822	41 (c) (d) The prosecuting attorney shall represent the state at the
823	823	42 hearing on a petition under this section.
824	824	2023 IN 1614—LS 6930/DI 144 20
825	825	1 (d) (e) In a hearing on a petition under this section, the individual
826	826	2 may be represented by an attorney.
827	827	3 (e) (f) In a hearing on a petition under this section, filed:
828	828	4 (1) not later than one (1) year after the date of the order issued
829	829	5 under section 6(c) of this chapter, the individual must prove by a
830	830	6 preponderance of the evidence that the individual is no longer
831	831	7 dangerous; and
832	832	8 (2) later than one (1) year after the date of the order issued under
833	833	9 section 6(c) of this chapter, the state must prove by clear and
834	834	10 convincing evidence that the individual is still dangerous.
835	835	11 otherwise prohibited by law from possessing a firearm.
836	836	12 (f) (g) If, upon the completion of the hearing and consideration of
837	837	13 the record, the court finds that the individual is no longer dangerous,
838	838	14 not otherwise prohibited by law from possessing a firearm, the
839	839	15 court shall:
840	840	16 (1) issue a court order that finds that the individual is no longer
841	841	17 dangerous;
842	842	18 (2) order the law enforcement agency having custody of any
843	843	19 firearm to return the firearm as quickly as practicable, but not
844	844	20 later than five (5) days after the date of the order, to the
845	845	21 individual;
846	846	22 (3) terminate any injunction issued under section 6 of this chapter
847	847	23 (before its repeal); and
848	848	24 (4) terminate the suspension of the individual's license to carry a
849	849	25 handgun so that the individual may reapply for a license.
850	850	26 (g) (h) If the court denies an individual's petition under this section,
851	851	27 the individual may not file a subsequent petition until at least one
852	852	28 hundred eighty (180) days after the date on which the court denied the
853	853	29 petition.
854	854	30 (h) (i) If a court issues an order described under subsection (f), (g),
855	855	31 the court's order shall be transmitted, as soon as practicable, to the
856	856	32 office of judicial administration for transmission to the NICS (as
857	857	33 defined in IC 35-47-2.5-2.5). and, beginning July 1, 2021, for the
858	858	34 collection of certain data related to the confiscation and retention of
859	859	35 firearms taken from dangerous individuals in accordance with
860	860	36 IC 33-24-6-3.
861	861	37 SECTION 21. IC 35-47-14-10, AS AMENDED BY P.L.289-2019,
862	862	38 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
863	863	39 JULY 1, 2023]: Sec. 10. (a) If a court has ordered a law enforcement
864	864	40 agency to retain an individual's firearm under section 6 of this chapter
865	865	41 (before its repeal), the individual or the rightful owner of the firearm,
866	866	42 as applicable, may petition the court to order the law enforcement
867	867	2023 IN 1614—LS 6930/DI 144 21
868	868	1 agency to:
869	869	2 (1) transfer the firearm to a responsible third party as described
870	870	3 under section 1.5 of this chapter;
871	871	4 (2) transfer the firearm to an individual who possesses a valid
872	872	5 federal firearms license issued under 18 U.S.C. 923 for storage or
873	873	6 an eventual lawful sale whose terms are mutually agreed upon
874	874	7 between the licensee and the individual or rightful owner, as
875	875	8 applicable; or
876	876	9 (3) sell the firearm at auction under IC 35-47-3-2 and return the
877	877	10 proceeds to the individual or the rightful owner of the firearm, as
878	878	11 applicable.
879	879	12 The responsible third party who accepts transfer of the firearm from the
880	880	13 law enforcement agency under a court order under this section shall
881	881	14 enter into a written court agreement that obligates the responsible third
882	882	15 party to the reasonable care and storage of the firearm, including not
883	883	16 providing access or transferring the firearm to the individual found to
884	884	17 be dangerous (as defined under section 1 of this chapter before its
885	885	18 repeal) in a hearing under section 6 of this chapter (before its repeal).
886	886	19 (b) An individual or rightful owner of the firearm may petition the
887	887	20 court as described in subsection (a):
888	888	21 (1) at the hearing described in section 6 or 9 of this chapter; or
889	889	22 (2) at any time before the hearing described in section 6 or 9 of
890	890	23 this chapter is held.
891	891	24 (c) If an individual or rightful owner timely requests a sale or
892	892	25 transfer of a firearm under subsection (a), the court shall order the law
893	893	26 enforcement agency having custody of the firearm to transfer the
894	894	27 firearm or sell the firearm at auction under IC 35-47-3-2, unless:
895	895	28 (1) the serial number of the firearm has been obliterated;
896	896	29 (2) the transfer of the firearm would be unlawful; or
897	897	30 (3) the requirements of subsection (a) have not been met.
898	898	31 (d) If the court issues an order under subsection (c), the court's order
899	899	32 must require:
900	900	33 (1) that the firearm be sold not more than one (1) year after
901	901	34 receipt of the order; and
902	902	35 (2) that the proceeds of the sale be returned to the individual or
903	903	36 rightful owner of the firearm.
904	904	37 (e) A law enforcement agency may retain not more than eight
905	905	38 percent (8%) of the sale price to pay the costs of the sale, including
906	906	39 administrative costs and the auctioneer's fee.
907	907	2023 IN 1614—LS 6930/DI 144