Introduced Version
HOUSE BILL No. 1614
_____
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: Repeal of involuntary firearm removal process. 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, 2023.
Payne, Sweet, Lucas, Haggard
January 19, 2023, read first time and referred to Committee on Courts and Criminal Code.
2023 IN 1614—LS 6930/DI 144 Introduced
First Regular Session of the 123rd General Assembly (2023)
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 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1614
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, 2023]: 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
2023 IN 1614—LS 6930/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.178-2022(ts),
11 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2023]: 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.
2023 IN 1614—LS 6930/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, and for a case
23 management system developed and operated by the office of
24 judicial administration, must include a searchable field for the
25 name and bail agent license number, if applicable, of the bail
26 agent or a person authorized by the surety that pays bail for an
27 individual as described in IC 35-33-8-3.2.
28 (8) Establish and administer an electronic system for receiving
29 information that relates to certain individuals who may be
30 prohibited from possessing a firearm for the purpose of
31 (A) transmitting this information to the Federal Bureau of
32 Investigation for inclusion in the NICS. and
33 (B) beginning July 1, 2021, compiling and publishing certain
34 statistics related to the confiscation and retention of firearms
35 as described under section 14 of this chapter.
36 (9) Establish and administer an electronic system for receiving
37 drug related felony conviction information from courts. The office
38 of judicial administration shall notify NPLEx of each drug related
39 felony entered after June 30, 2012, and do the following:
40 (A) Provide NPLEx with the following information:
41 (i) The convicted individual's full name.
42 (ii) The convicted individual's date of birth.
2023 IN 1614—LS 6930/DI 144 4
1 (iii) The convicted individual's driver's license number, state
2 personal identification number, or other unique number, if
3 available.
4 (iv) The date the individual was convicted of the felony.
5 Upon receipt of the information from the office of judicial
6 administration, a stop sale alert must be generated through
7 NPLEx for each individual reported under this clause.
8 (B) Notify NPLEx if the felony of an individual reported under
9 clause (A) has been:
10 (i) set aside;
11 (ii) reversed;
12 (iii) expunged; or
13 (iv) vacated.
14 Upon receipt of information under this clause, NPLEx shall
15 remove the stop sale alert issued under clause (A) for the
16 individual.
17 (10) After July 1, 2018, establish and administer an electronic
18 system for receiving from courts felony or misdemeanor
19 conviction information for each felony or misdemeanor described
20 in IC 20-28-5-8(c). The office of judicial administration shall
21 notify the department of education at least one (1) time each week
22 of each felony or misdemeanor described in IC 20-28-5-8(c)
23 entered after July 1, 2018, and do the following:
24 (A) Provide the department of education with the following
25 information:
26 (i) The convicted individual's full name.
27 (ii) The convicted individual's date of birth.
28 (iii) The convicted individual's driver's license number, state
29 personal identification number, or other unique number, if
30 available.
31 (iv) The date the individual was convicted of the felony or
32 misdemeanor.
33 (B) Notify the department of education if the felony or
34 misdemeanor of an individual reported under clause (A) has
35 been:
36 (i) set aside;
37 (ii) reversed; or
38 (iii) vacated.
39 (11) Perform legal and administrative duties for the justices as
40 determined by the justices.
41 (12) Provide staff support for the judicial conference of Indiana
42 established in IC 33-38-9.
2023 IN 1614—LS 6930/DI 144 5
1 (13) Work with the United States Department of Veterans Affairs
2 to identify and address the needs of veterans in the court system.
3 (14) If necessary for purposes of IC 35-47-16-1, issue a retired
4 judicial officer an identification card identifying the retired
5 judicial officer as a retired judicial officer.
6 (15) Establish and administer the statewide juvenile justice data
7 aggregation plan established under section 12.5 of this chapter.
8 (b) All forms to be used in gathering data must be approved by the
9 supreme court and shall be distributed to all judges and clerks before
10 the start of each period for which reports are required.
11 (c) The office of judicial administration may adopt rules to
12 implement this section.
13 SECTION 3. IC 33-24-6-14 IS REPEALED [EFFECTIVE JULY 1,
14 2023]. Sec. 14. (a) The following definitions apply throughout this
15 section:
16 (1) "Dangerous" has the meaning set forth in IC 35-47-14-1.
17 (2) "Firearm" has the meaning set forth in IC 35-47-1-5.
18 (3) "Office" means the office of judicial administration created by
19 section 1 of this chapter.
20 (b) Beginning July 1, 2021, the office shall collect and record the
21 following information:
22 (1) The law enforcement agency responsible for each confiscation
23 of a firearm under IC 35-47-14-2 and IC 35-47-14-3.
24 (2) The number of:
25 (A) warrant based firearm confiscations under IC 35-47-14-2;
26 and
27 (B) warrantless firearm confiscations under IC 35-47-14-3;
28 for each county, as applicable, each year.
29 (3) The total number of:
30 (A) handguns; and
31 (B) long guns;
32 confiscated under IC 35-47-14 for each county, as applicable,
33 each year.
34 (4) The county in which a court issues an order that finds or does
35 not find an individual to be dangerous under IC 35-47-14-6.
36 (c) The office shall, beginning July 1, 2021, not later than January
37 1 of each year, submit a report to the legislative council in an electronic
38 format under IC 5-14-6 that consolidates and presents the information
39 described in subsection (b).
40 (d) Notwithstanding subsections (b) and (c) and information
41 provided to a law enforcement agency for the purposes of handgun
42 licenses, the office shall not disclose, distribute, transfer, or provide the
2023 IN 1614—LS 6930/DI 144 6
1 following information to any person, entity, agency, or department:
2 (1) The:
3 (A) name;
4 (B) date of birth;
5 (C) Social Security number;
6 (D) address; or
7 (E) other unique identifier;
8 belonging to or associated with an individual alleged to be
9 dangerous by a law enforcement officer or found to be dangerous
10 by a circuit or superior court.
11 (2) The make, model, or serial number of any handgun, long gun,
12 or firearm seized, confiscated, retained, disposed of, or sold under
13 IC 35-47-14.
14 (e) Information:
15 (1) collected by the office; or
16 (2) used by the office;
17 to prepare the report described in subsection (c) is confidential and not
18 subject to public inspection or copying under IC 5-14-3-3.
19 (f) The office shall make the report described in subsection (c)
20 available to the public.
21 (g) The office may adopt rules under IC 4-22-2 to implement this
22 section.
23 SECTION 4. IC 35-31.5-2-81.5 IS REPEALED [EFFECTIVE JULY
24 1, 2023]. Sec. 81.5. "Dangerous", for purposes of IC 35-47-4-6.5,
25 IC 35-47-4-6.7, and IC 35-47-14, has the meaning set forth in
26 IC 35-47-14-1.
27 SECTION 5. IC 35-33-5-1, AS AMENDED BY P.L.1-2006,
28 SECTION 526, IS AMENDED TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) A court may issue warrants
30 only upon probable cause, supported by oath or affirmation, to search
31 any place for any of the following:
32 (1) Property which is obtained unlawfully.
33 (2) Property, the possession of which is unlawful.
34 (3) Property used or possessed with intent to be used as the means
35 of committing an offense or concealed to prevent an offense from
36 being discovered.
37 (4) Property constituting evidence of an offense or tending to
38 show that a particular person committed an offense.
39 (5) Any person.
40 (6) Evidence necessary to enforce statutes enacted to prevent
41 cruelty to or neglect of children.
42 (7) A firearm possessed by a person who is dangerous (as defined
2023 IN 1614—LS 6930/DI 144 7
1 in IC 35-47-14-1).
2 (b) As used in this section, "place" includes any location where
3 property might be secreted or hidden, including buildings, persons, or
4 vehicles.
5 SECTION 6. IC 35-33-5-5, AS AMENDED BY P.L.89-2022,
6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2023]: Sec. 5. (a) All items of property seized by any law
8 enforcement agency as a result of an arrest, search warrant, or
9 warrantless search, shall be securely held by the law enforcement
10 agency under the order of the court trying the cause, except as provided
11 in this section.
12 (b) Evidence that consists of property obtained unlawfully from its
13 owner may be returned by the law enforcement agency to the owner
14 before trial, in accordance with IC 35-43-4-4(h).
15 (c) Following the final disposition of the cause at trial level or any
16 other final disposition the following shall be done:
17 (1) Property which may be lawfully possessed shall be returned
18 to its rightful owner, if known. If ownership is unknown, a
19 reasonable attempt shall be made by the law enforcement agency
20 holding the property to ascertain ownership of the property. After
21 ninety (90) days from the time:
22 (A) the rightful owner has been notified to take possession of
23 the property; or
24 (B) a reasonable effort has been made to ascertain ownership
25 of the property;
26 the law enforcement agency holding the property shall, at a
27 convenient time, dispose of this property at a public auction. The
28 proceeds of this property shall be paid into the county general
29 fund.
30 (2) Except as provided in subsection (e), property, the possession
31 of which is unlawful, shall be destroyed by the law enforcement
32 agency holding it sixty (60) days after final disposition of the
33 cause.
34 (3) A firearm that has been seized from a person who is
35 dangerous (as defined in IC 35-47-14-1 (before its repeal)) shall
36 be retained, returned, or disposed of in accordance with
37 IC 35-47-14.
38 (d) Except as provided in subsection (g), if any property described
39 in subsection (c) was admitted into evidence in the cause, the property
40 shall be disposed of in accordance with an order of the court trying the
41 cause.
42 (e) A law enforcement agency may destroy or cause to be destroyed
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1 chemicals, controlled substances, or chemically contaminated
2 equipment (including drug paraphernalia as described in
3 IC 35-48-4-8.5) associated with the illegal manufacture of drugs or
4 controlled substances without a court order if all the following
5 conditions are met:
6 (1) The law enforcement agency collects and preserves a
7 sufficient quantity of the chemicals, controlled substances, or
8 chemically contaminated equipment to demonstrate that the
9 chemicals, controlled substances, or chemically contaminated
10 equipment was associated with the illegal manufacture of drugs
11 or controlled substances.
12 (2) The law enforcement agency takes photographs of the illegal
13 drug manufacturing site that accurately depict the presence and
14 quantity of chemicals, controlled substances, and chemically
15 contaminated equipment.
16 (3) The law enforcement agency completes a chemical inventory
17 report that describes the type and quantities of chemicals,
18 controlled substances, and chemically contaminated equipment
19 present at the illegal manufacturing site.
20 The photographs and description of the property shall be admissible
21 into evidence in place of the actual physical evidence.
22 (f) For purposes of preserving the record of any conviction on
23 appeal, a photograph demonstrating the nature of the property, and an
24 adequate description of the property must be obtained before the
25 disposition of the property. In the event of a retrial, the photograph and
26 description of the property shall be admissible into evidence in place
27 of the actual physical evidence. All other rules of law governing the
28 admissibility of evidence shall apply to the photographs.
29 (g) All evidence for a violent offense (as defined in IC 11-12-3.7-6)
30 in the law enforcement agency's possession or control that could be
31 subjected to DNA testing and analysis shall be preserved by the law
32 enforcement agency for the later of the following:
33 (1) Twenty (20) years from the date the defendant's conviction
34 becomes final.
35 (2) The period of the defendant's incarceration.
36 In cases where an investigation did not result in a conviction, the
37 evidence shall be preserved until the expiration of the statute of
38 limitations for the alleged offense. If the preservation of the evidence
39 is impracticable, the law enforcement agency shall remove portions of
40 the material evidence likely to contain biological evidence related to
41 the offense, in a quantity sufficient to permit future DNA testing before
42 returning or disposing of the physical evidence. At subsequent hearings
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1 or trials, all records, notes, identification numbers, photographs, and
2 other documentation relating to the preservation of biological evidence
3 shall be admissible into evidence.
4 (h) The law enforcement agency disposing of property in any
5 manner provided in subsection (b), (c), (e), or (g), shall maintain
6 certified records of any disposition under subsection (b), (c), (e), or (g).
7 Disposition by destruction of property shall be witnessed by two (2)
8 persons who shall also attest to the destruction.
9 (i) This section does not affect the procedure for the disposition of
10 firearms seized by a law enforcement agency.
11 (j) A law enforcement agency that disposes of property by auction
12 under this section shall permanently stamp or otherwise permanently
13 identify the property as property sold by the law enforcement agency.
14 (k) Upon motion of the prosecuting attorney, the court shall order
15 property seized under IC 34-24-1 transferred, subject to the perfected
16 liens or other security interests of any person in the property, to the
17 appropriate federal authority for disposition under 18 U.S.C. 981(e), 19
18 U.S.C. 1616a, or 21 U.S.C. 881(e) and any related regulations adopted
19 by the United States Department of Justice.
20 (l) The law enforcement agency responsible for disposing of
21 property under subsection (g), shall do the following:
22 (1) Maintain a record of the preserved evidence.
23 (2) Schedule a disposal date for the preserved evidence.
24 (3) Provide notice to the last known address of the defendant and
25 the defendant's attorney:
26 (A) when the preserved evidence is removed from its secure
27 location; or
28 (B) of the date the preserved evidence has been marked for
29 disposal.
30 The defendant or the defendant's attorney must provide the most
31 current address of the defendant or the defendant's attorney to the law
32 enforcement agency responsible for disposing of property in order to
33 effectively receive proper notice. If the law enforcement agency
34 responsible for disposing of property does not have the defendant's or
35 the defendant's attorney's most current address on file, then the notice
36 requirement is deemed waived.
37 (m) Failure of a law enforcement agency to follow the procedures
38 described in this section may constitute contempt of court. However,
39 failure to follow the procedures described in this section shall not be
40 grounds for reversal of a conviction unless the defendant proves a
41 violation of the defendant's due process rights.
42 (n) Nothing in subsection (g) shall preclude a law enforcement
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1 agency from submitting biological evidence to forensic DNA testing or
2 analysis, at its own initiative or at the request of a prosecuting attorney,
3 if such testing will not consume the remainder of the evidence. If such
4 testing would consume the remainder of the evidence, the prosecuting
5 attorney may seek a court order allowing such testing under
6 IC 35-38-7-17.
7 SECTION 7. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021,
8 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2023]: Sec. 3. (a) As used in this section, "consumer product"
10 has the meaning set forth in IC 35-45-8-1.
11 (b) As used in this section, "misconduct" means a violation of a
12 departmental rule or procedure of a law enforcement agency.
13 (c) A person who reports that:
14 (1) the person or another person has placed or intends to place an
15 explosive, a destructive device, or other destructive substance in
16 a building or transportation facility;
17 (2) there has been or there will be tampering with a consumer
18 product introduced into commerce; or
19 (3) there has been or will be placed or introduced a weapon of
20 mass destruction in a building or a place of assembly;
21 knowing the report to be false, commits false reporting, a Level 6
22 felony.
23 (d) A person who:
24 (1) gives:
25 (A) a false report of the commission of a crime; or
26 (B) false information to a law enforcement officer that relates
27 to the commission of a crime;
28 knowing the report or information to be false;
29 (2) gives a false alarm of fire to the fire department of a
30 governmental entity, knowing the alarm to be false;
31 (3) makes a false request for ambulance service to an ambulance
32 service provider, knowing the request to be false;
33 (4) gives a false report concerning a missing child (as defined in
34 IC 10-13-5-4) or missing endangered adult (as defined in
35 IC 12-7-2-131.3) or gives false information to a law enforcement
36 officer or a governmental entity that relates to a missing child or
37 missing endangered adult knowing the report or information to be
38 false;
39 (5) makes a complaint against a law enforcement officer to the
40 state or municipality (as defined in IC 8-1-13-3(b)) that employs
41 the officer:
42 (A) alleging the officer engaged in misconduct while
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1 performing the officer's duties; and
2 (B) knowing the complaint to be false;
3 (6) makes a false report of a missing person, knowing the report
4 or information is false; or
5 (7) gives a false report of actions, behavior, or conditions
6 concerning:
7 (A) a septic tank soil absorption system under IC 8-1-2-125 or
8 IC 13-26-5-2.5; or
9 (B) a septic tank soil absorption system or constructed wetland
10 septic system under IC 36-9-23-30.1;
11 knowing the report or information to be false; or
12 (8) makes a false report that a person is dangerous (as defined in
13 IC 35-47-14-1) knowing the report or information to be false;
14 commits false informing, a Class B misdemeanor. However, the offense
15 is a Class A misdemeanor if it substantially hinders any law
16 enforcement process or if it results in harm to another person.
17 SECTION 8. IC 35-47-1-7, AS AMENDED BY P.L.289-2019,
18 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2023]: Sec. 7. "Proper person" means a person who:
20 (1) does not have a conviction for resisting law enforcement
21 under IC 35-44.1-3-1 within five (5) years before the person
22 applies for a license or permit under this chapter;
23 (2) does not have a conviction for a crime for which the person
24 could have been sentenced for more than one (1) year;
25 (3) does not have a conviction for a crime of domestic violence
26 (as defined in IC 35-31.5-2-78), unless a court has restored the
27 person's right to possess a firearm under IC 35-47-4-7;
28 (4) is not prohibited by a court order from possessing a handgun;
29 (5) does not have a record of being an alcohol or drug abuser as
30 defined in this chapter;
31 (6) does not have documented evidence which would give rise to
32 a reasonable belief that the person has a propensity for violent or
33 emotionally unstable conduct;
34 (7) does not make a false statement of material fact on the
35 person's application;
36 (8) does not have a conviction for any crime involving an inability
37 to safely handle a handgun;
38 (9) does not have a conviction for violation of the provisions of
39 this article within five (5) years of the person's application;
40 (10) does not have an adjudication as a delinquent child for an act
41 that would be a felony if committed by an adult, if the person
42 applying for a license or permit under this chapter is less than
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1 twenty-three (23) years of age;
2 (11) has not been involuntarily committed, other than a temporary
3 commitment for observation or evaluation, to a mental institution
4 by a court, board, commission, or other lawful authority;
5 (12) has not been the subject of a:
6 (A) ninety (90) day commitment as a result of proceeding
7 under IC 12-26-6; or
8 (B) regular commitment under IC 12-26-7; or
9 (13) has not been found by a court to be mentally incompetent,
10 including being found:
11 (A) not guilty by reason of insanity;
12 (B) guilty but mentally ill; or
13 (C) incompetent to stand trial. or
14 (14) is not currently designated as dangerous (as defined in
15 IC 35-47-14-1) by a court following a hearing under
16 IC 35-47-14-6.
17 SECTION 9. IC 35-47-2-1.5, AS ADDED BY P.L.175-2022,
18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2023]: Sec. 1.5. (a) The following terms are defined for this
20 section:
21 (1) "Adjudicated a mental defective" means a determination by a
22 court that a person:
23 (A) presents a danger to the person or to others; or
24 (B) lacks the mental capacity necessary to contract or manage
25 the person's affairs.
26 The term includes a finding of insanity by a court in a criminal
27 proceeding.
28 (2) "Alien" means any person who is not lawfully in the United
29 States. The term includes:
30 (A) any person who has:
31 (i) entered the United States without inspection and
32 authorization by an immigration officer; and
33 (ii) not been paroled into the United States under the federal
34 Immigration and Nationality Act;
35 (B) a nonimmigrant:
36 (i) whose authorized period of stay has expired; or
37 (ii) who has violated the terms of the nonimmigrant category
38 under which the person was admitted;
39 (C) a person paroled under the federal Immigration and
40 Nationality Act whose period of parole has:
41 (i) expired; or
42 (ii) been terminated; and
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1 (D) a person subject to an order:
2 (i) of deportation, exclusion, or removal; or
3 (ii) to depart the United States voluntarily;
4 regardless of whether or not the person has left the United
5 States.
6 (3) "Committed to a mental institution" means the formal
7 commitment of a person to a mental institution by a court. The
8 term includes:
9 (A) a commitment for:
10 (i) a cognitive or mental defect; or
11 (ii) a mental illness; and
12 (B) involuntary commitments.
13 The term does not include voluntary commitments or a
14 commitment made for observational purposes.
15 (4) "Crime of domestic violence" has the meaning set forth in
16 IC 35-31.5-2-78.
17 (5) "Dangerous" has the meaning set forth in IC 35-47-14-1.
18 (6) (5) "Fugitive from justice" means any person who:
19 (A) flees or leaves from any state to avoid prosecution for a
20 felony or misdemeanor offense; or
21 (B) flees or leaves any state to avoid testifying in a criminal
22 proceeding.
23 (7) (6) "Indictment" means any formal accusation of a crime made
24 by a prosecuting attorney in any court for a crime punishable by
25 a term of imprisonment exceeding one (1) year.
26 (8) (7) A crime or offense "punishable by a term of imprisonment
27 exceeding one (1) year" does not include a federal or state crime
28 or offense pertaining to antitrust violations, unfair trade practices,
29 restraints of trade, or other similar offenses relating to the
30 regulation of business practices.
31 (b) Except as provided in subsections subsection (c), and (d), the
32 following persons may not knowingly or intentionally carry a handgun:
33 (1) A person convicted of a federal or state offense punishable by
34 a term of imprisonment exceeding one (1) year.
35 (2) A fugitive from justice.
36 (3) An alien.
37 (4) A person convicted of:
38 (A) a crime of domestic violence (IC 35-31.5-2-78);
39 (B) domestic battery (IC 35-42-2-1.3); or
40 (C) criminal stalking (IC 35-45-10-5).
41 (5) A person restrained by an order of protection issued under
42 IC 34-26-5.
2023 IN 1614—LS 6930/DI 144 14
1 (6) A person under indictment.
2 (7) A person who has been:
3 (A) adjudicated dangerous under IC 35-47-14-6;
4 (B) (A) adjudicated a mental defective; or
5 (C) (B) committed to a mental institution.
6 (8) A person dishonorably discharged from:
7 (A) military service; or
8 (B) the National Guard.
9 (9) A person who renounces the person's United States citizenship
10 in the manner described in 8 U.S.C. 1481.
11 (10) A person who is less than:
12 (A) eighteen (18) years of age; or
13 (B) twenty-three (23) years of age and has an adjudication as
14 a delinquent child for an act described by IC 35-47-4-5;
15 unless authorized under IC 35-47-10.
16 (c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person if
17 a court has restored the person's right to possess a firearm under
18 IC 35-47-4-7.
19 (d) A person who has:
20 (1) been adjudicated dangerous under IC 35-47-14-6; and
21 (2) successfully petitioned for the return of a firearm under
22 IC 35-47-14-8 with respect to the adjudication under subdivision
23 (1);
24 is not prohibited from carrying a handgun under subsection (b) on the
25 basis that the person was adjudicated dangerous under subdivision (1).
26 However, the person may still be prohibited from carrying a handgun
27 on one (1) or more of the other grounds listed in subsection (b).
28 (e) (d) A person who violates this section commits unlawful
29 carrying of a handgun, a Class A misdemeanor. However, the offense
30 is a Level 5 felony if:
31 (1) the offense is committed:
32 (A) on or in school property;
33 (B) within five hundred (500) feet of school property; or
34 (C) on a school bus; or
35 (2) the person:
36 (A) has a prior conviction of any offense under:
37 (i) this section;
38 (ii) section 1 of this chapter (carrying a handgun without a
39 license) (before its repeal); or
40 (iii) section 22 of this chapter; or
41 (B) has been convicted of a felony within fifteen (15) years
42 before the date of the offense.
2023 IN 1614—LS 6930/DI 144 15
1 SECTION 10. IC 35-47-4-6.5 IS REPEALED [EFFECTIVE JULY
2 1, 2023]. Sec. 6.5. A person who:
3 (1) has been found to be dangerous by a circuit or superior court
4 having jurisdiction over the person following a hearing under
5 IC 35-47-14-6; and
6 (2) knowingly or intentionally:
7 (A) rents;
8 (B) purchases;
9 (C) receives transfer of;
10 (D) owns; or
11 (E) possesses;
12 a firearm commits unlawful possession of a firearm by a dangerous
13 person, a Class A misdemeanor.
14 SECTION 11. IC 35-47-4-6.7 IS REPEALED [EFFECTIVE JULY
15 1, 2023]. Sec. 6.7. A person who knowingly or intentionally rents,
16 transfers, sells, or offers for sale a firearm to another person who the
17 person knows to be found dangerous by a circuit or superior court
18 following a hearing under IC 35-47-14-6 commits unlawful transfer of
19 a firearm to a dangerous person, a Level 5 felony.
20 SECTION 12. IC 35-47-14-1 IS REPEALED [EFFECTIVE JULY
21 1, 2023]. Sec. 1. (a) For the purposes of this chapter, an individual is
22 "dangerous" if:
23 (1) the individual presents an imminent risk of personal injury to
24 the individual or to another individual; or
25 (2) it is probable that the individual will present a risk of personal
26 injury to the individual or to another individual in the future and
27 the individual:
28 (A) has a mental illness (as defined in IC 12-7-2-130) that may
29 be controlled by medication, and has not demonstrated a
30 pattern of voluntarily and consistently taking the individual's
31 medication while not under supervision; or
32 (B) is the subject of documented evidence that would give rise
33 to a reasonable belief that the individual has a propensity for
34 violent or suicidal conduct.
35 (b) The fact that an individual has been released from a mental
36 health facility or has a mental illness that is currently controlled by
37 medication does not establish that the individual is dangerous for the
38 purposes of this chapter.
39 SECTION 13. IC 35-47-14-1.5, AS ADDED BY P.L.289-2019,
40 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2023]: Sec. 1.5. For the purposes of this chapter, an individual
42 is a "responsible third party" if:
2023 IN 1614—LS 6930/DI 144 16
1 (1) the individual does not cohabitate with the person found to be
2 dangerous (as defined under section 1 of this chapter before its
3 repeal) in the hearing conducted under section 6 of this chapter
4 (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 14. IC 35-47-14-2 IS REPEALED [EFFECTIVE JULY
11 1, 2023]. 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 15. IC 35-47-14-3 IS REPEALED [EFFECTIVE JULY
42 1, 2023]. Sec. 3. (a) If a law enforcement officer seizes a firearm from
2023 IN 1614—LS 6930/DI 144 17
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 16. IC 35-47-14-4 IS REPEALED [EFFECTIVE JULY
26 1, 2023]. 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 17. IC 35-47-14-5 IS REPEALED [EFFECTIVE JULY
38 1, 2023]. 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
2023 IN 1614—LS 6930/DI 144 18
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 18. IC 35-47-14-6 IS REPEALED [EFFECTIVE JULY
15 1, 2023]. 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
2023 IN 1614—LS 6930/DI 144 19
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 19. IC 35-47-14-7 IS REPEALED [EFFECTIVE JULY
16 1, 2023]. 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 20. 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, 2023]: 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.
2023 IN 1614—LS 6930/DI 144 20
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 21. 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, 2023]: 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
2023 IN 1614—LS 6930/DI 144 21
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 (as defined under section 1 of this chapter before its
18 repeal) in a hearing under section 6 of this chapter (before its 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.
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