Indiana 2023 Regular Session

Indiana Senate Bill SB0410 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 410
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-2-6-24; IC 11-10-2-2; IC 11-13-6-4;
7	7	IC 31-9-2-13; IC 31-30; IC 31-37; IC 31-39-3-2; IC 33-28-1-2;
8	8	IC 33-29; IC 35-38-1; IC 35-41-4-2; IC 35-42-4; IC 35-50-2.
9	9	Synopsis: Juvenile law matters. Repeals provisions providing that
10	10	juvenile courts do not have jurisdiction over juveniles charged with
11	11	certain offenses. Provides that a delinquent offender under 13 years of
12	12	age (rather than 12 years of age, under current law) or 23 years of age
13	13	or older (rather than 18 years of age or older, under current law) may
14	14	not be committed to the department of correction. Provides that a
15	15	delinquent offender's: (1) commitment to the department of correction;
16	16	or (2) parole; may extend until the offender reaches 25 years of age if
17	17	the offender has been adjudicated delinquent for an act that would have
18	18	been a Level 3 felony, a Level 2 felony, a Level 1 felony, or murder if
19	19	committed by an adult. Provides that a circuit or superior court has
20	20	original and concurrent jurisdiction over a case alleging that an
21	21	individual committed a delinquent act if: (1) the delinquent act is an act
22	22	over which the circuit or superior court would have jurisdiction if the
23	23	act had been committed by an adult; and (2) either: (A) the juvenile
24	24	courts lack jurisdiction over the case; or (B) the juvenile court waives
25	25	the case to the circuit or superior court. Provides that a juvenile court
26	26	may waive a child to adult court for prosecution for certain offenses if
27	27	the child was 16 years of age or older (rather than 14 years of age or
28	28	older, under current law) when the child allegedly committed the
29	29	offense. Provides that a juvenile court may waive a child to adult court
30	30	for prosecution for a Level 1, Level 2, Level 3, Level 4, or Level 5
31	31	felony relating to controlled substances (rather than for any felony
32	32	relating to controlled substances, under current law). Provides that a
33	33	juvenile court may waive a child to adult court for prosecution for
34	34	murder if the child was at least 14 years of age (rather than 12 years of
35	35	(Continued next page)
36	36	Effective: July 1, 2023.
37	37	Glick
38	38	January 19, 2023, read first time and referred to Committee on Corrections and Criminal
39	39	Law.
40	40	2023 IN 410—LS 7178/DI 119 Digest Continued
41	41	age, under current law), but less than 16 years of age, when the child
42	42	allegedly committed the offense. Amends the list of offenses for which
43	43	a juvenile court is required to waive a child to adult court upon motion
44	44	of the prosecutor. Amends alternative sentencing provisions, under
45	45	which a juvenile tried in adult court may be sentenced to a juvenile
46	46	facility, to: (1) provide that a juvenile sentenced under the alternative
47	47	sentencing provisions may be held in a juvenile facility until the
48	48	juvenile becomes 25 years of age; (2) provide for court review of the
49	49	juvenile's progress once the department of correction notifies the
50	50	sentencing court that the juvenile has successfully completed a
51	51	rehabilitation program or has served 18 months in the juvenile facility,
52	52	whichever comes first; and (3) provide that if, after the court review,
53	53	the court continues the juvenile's placement in a juvenile facility, the
54	54	court shall conduct a review hearing at least once every 180 days until
55	55	the objectives of the sentence have been met or the juvenile becomes
56	56	25 years of age, whichever occurs first. Provides that a child convicted
57	57	of certain offenses may not be made a ward of the department of
58	58	correction if the child is less than 13 years of age (rather than 12 years
59	59	of age, under current law) or at least 23 years of age (rather than 18
60	60	years of age, under current law) at the time the child's dispositional
61	61	decree is entered. Provides that: (1) a child who is at least 13 years of
62	62	age and commits an act that would be murder if committed by an adult
63	63	may be made a ward of the department of correction for a period that
64	64	is not longer than seven years and that does not end later than the date
65	65	the child becomes 25 years of age; and (2) a child who is at least 16
66	66	years of age and commits an act that would be one of several specified
67	67	offenses if committed by an adult may be made a ward of the
68	68	department of correction for a period that is not longer than five years
69	69	and that does not end later than the date the child becomes 25 years of
70	70	age. Provides: (1) a process under which a person convicted of an
71	71	offense committed by the person when the person was less than 18
72	72	years of age may, not less than 15 years after the date of the conviction,
73	73	petition a court for modification of the person's sentence; and (2)
74	74	conditions under which a court may grant the petition. Provides that:
75	75	(1) a person less than 18 years of age who, with a child who is younger
76	76	than the person and less than 14 years of age, knowingly or
77	77	intentionally performs or submits to sexual intercourse or other sexual
78	78	conduct commits child sexual misconduct; and (2) the offense is a
79	79	Class A misdemeanor, subject to enhancement
80	80	2023 IN 410—LS 7178/DI 1192023 IN 410—LS 7178/DI 119 Introduced
81	81	First Regular Session of the 123rd General Assembly (2023)
82	82	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
83	83	Constitution) is being amended, the text of the existing provision will appear in this style type,
84	84	additions will appear in this style type, and deletions will appear in this style type.
85	85	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
86	86	provision adopted), the text of the new provision will appear in this style type. Also, the
87	87	word NEW will appear in that style type in the introductory clause of each SECTION that adds
88	88	a new provision to the Indiana Code or the Indiana Constitution.
89	89	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
90	90	between statutes enacted by the 2022 Regular Session of the General Assembly.
91	91	SENATE BILL No. 410
92	92	A BILL FOR AN ACT to amend the Indiana Code concerning
93	93	family law and juvenile law.
94	94	Be it enacted by the General Assembly of the State of Indiana:
95	95	1 SECTION 1. IC 5-2-6-24, AS AMENDED BY P.L.142-2018,
96	96	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
97	97	3 JULY 1, 2023]: Sec. 24. (a) As used in this section, "criminal code
98	98	4 reform" refers to statutory provisions relating to criminal law enacted
99	99	5 by P.L.158-2013 and HEA 1006-2014.
100	100	6 (b) The institute shall monitor and evaluate criminal code reform as
101	101	7 described in this section.
102	102	8 (c) The institute shall annually gather data and analyze the impact
103	103	9 of criminal code reform on:
104	104	10 (1) local units of government;
105	105	11 (2) the department of correction; and
106	106	12 (3) the office of judicial administration.
107	107	13 (d) The institute shall prepare an annual report, in conjunction with
108	108	14 the justice reinvestment advisory council (established by
109	109	15 IC 33-38-9.5-2), containing the results of its analysis before December
110	110	2023 IN 410—LS 7178/DI 119 2
111	111	1 1 of each year. The report shall be provided to the governor, the chief
112	112	2 justice, and the legislative council. The report provided to the
113	113	3 legislative council must be in an electronic format under IC 5-14-6.
114	114	4 (e) The report required under this section must:
115	115	5 (1) include an analysis of:
116	116	6 (A) the effect of criminal code reform on:
117	117	7 (i) county jails;
118	118	8 (ii) community corrections programs;
119	119	9 (iii) probation departments; and
120	120	10 (iv) courts;
121	121	11 (B) recidivism rates;
122	122	12 (C) reentry court programs; and
123	123	13 (D) data relevant to the availability and effectiveness of mental
124	124	14 health and addiction programs for persons who are at risk of
125	125	15 entering the criminal justice system, who are in the criminal
126	126	16 justice system, and who have left the criminal justice system;
127	127	17 (2) track the number of requests for sentence modification that are
128	128	18 set for hearing by the court, including the relief granted by the
129	129	19 court, if any. The report must include whether the grant or denial
130	130	20 of a request for sentence modification was discretionary or
131	131	21 mandatory, and whether the prosecuting attorney opposed the
132	132	22 request for sentence modification, agreed to the request for
133	133	23 sentence modification, or took no position on the request for
134	134	24 sentence modification;
135	135	25 (3) track, by age and offense, the number of juveniles under the
136	136	26 jurisdiction of an adult court due to
137	137	27 (A) lack of jurisdiction under IC 31-30-1-4; or
138	138	28 (B) waiver of jurisdiction under IC 31-30-3-2 through
139	139	29 IC 31-30-3-6; and
140	140	30 (4) track the number of juveniles under the jurisdiction of adult
141	141	31 court due to a juvenile court not having jurisdiction of the cases
142	142	32 in accordance with IC 31-30-1-4, by:
143	143	33 (A) age;
144	144	34 (B) sex;
145	145	35 (C) race;
146	146	36 (D) county of prosecution;
147	147	37 (E) offenses charged;
148	148	38 (F) convictions received; and
149	149	39 (G) sentences received; and
150	150	40 (5) (4) track the number of waivers of juvenile court jurisdiction
151	151	41 granted under IC 31-30-3-2 through IC 31-30-3-6 by:
152	152	42 (A) age;
153	153	2023 IN 410—LS 7178/DI 119 3
154	154	1 (B) sex;
155	155	2 (C) race;
156	156	3 (D) charges filed in juvenile court in which a waiver was
157	157	4 sought;
158	158	5 (E) charges filed in adult court following the waiver of
159	159	6 juvenile court jurisdiction;
160	160	7 (F) county of prosecution;
161	161	8 (G) convictions received; and
162	162	9 (H) sentences received.
163	163	10 (f) All local units of government and local elected officials,
164	164	11 including sheriffs, prosecuting attorneys, judges, and county fiscal
165	165	12 bodies, shall cooperate with the institute by providing data as requested
166	166	13 by the institute.
167	167	14 (g) State agencies, including the department of correction, the
168	168	15 Indiana prosecuting attorneys council, the Indiana public defender
169	169	16 council, and the office of judicial administration, shall assist the
170	170	17 institute by providing requested data in a timely manner.
171	171	18 (h) Based on their analysis, the institute and the justice reinvestment
172	172	19 advisory council shall include recommendations to improve the
173	173	20 criminal justice system in Indiana, with particular emphasis being
174	174	21 placed on recommendations that relate to sentencing policies and
175	175	22 reform.
176	176	23 (i) The institute and the justice reinvestment advisory council shall
177	177	24 include research data relevant to their analysis and recommendations
178	178	25 in the report.
179	179	26 (j) The institute shall:
180	180	27 (1) make the data collected under subsection (e)(4) and (e)(5)
181	181	28 available to the public in an annual report, by fiscal year, due by
182	182	29 October 30 of each year;
183	183	30 (2) post the annual report required by subdivision (1) on the
184	184	31 institute's Internet web site; and
185	185	32 (3) provide a copy of the annual report required by subdivision (1)
186	186	33 to the commission on improving the status of children in Indiana
187	187	34 established by IC 2-5-36-3.
188	188	35 SECTION 2. IC 11-10-2-2 IS AMENDED TO READ AS
189	189	36 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. Except as provided
190	190	37 by section 6 of this chapter, the commitment or award of guardianship
191	191	38 of a delinquent offender to the department is governed by the
192	192	39 following:
193	193	40 (1) All commitments are to the department as opposed to a
194	194	41 specific facility. The department shall determine the facility or
195	195	42 program assignment. The initial conveyance of an offender must
196	196	2023 IN 410—LS 7178/DI 119 4
197	197	1 be to a place designated by the department.
198	198	2 (2) No offender under twelve (12) thirteen (13) years of age or
199	199	3 eighteen (18) twenty-three (23) years of age or older may be
200	200	4 committed to the department.
201	201	5 (3) No offender known to be pregnant may be committed to the
202	202	6 department.
203	203	7 SECTION 3. IC 11-13-6-4 IS AMENDED TO READ AS
204	204	8 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) An A delinquent
205	205	9 offender released on parole remains on parole until he the offender
206	206	10 reaches:
207	207	11 (1) twenty-one (21) years of age; or
208	208	12 (2) twenty-five (25) years of age if the offender was
209	209	13 adjudicated delinquent for an act that would have been a
210	210	14 Level 3 felony, a Level 2 felony, a Level 1 felony, or murder if
211	211	15 committed by an adult;
212	212	16 unless his the offender's parole is revoked or he the offender is
213	213	17 discharged before that time by the department.
214	214	18 (b) The department may discharge him a delinquent offender from
215	215	19 his the offender's commitment any time after his the offender's
216	216	20 release on parole and shall discharge him the offender when he the
217	217	21 offender reaches:
218	218	22 (1) twenty-one (21) years of age; or
219	219	23 (2) twenty-five (25) years of age if the offender was
220	220	24 adjudicated delinquent for an act that would have been a
221	221	25 Level 3 felony, a Level 2 felony, a Level 1 felony, or murder if
222	222	26 committed by an adult.
223	223	27 (b) (c) An A delinquent offender who is not on parole may be
224	224	28 unconditionally discharged by the department from his the offender's
225	225	29 commitment at any time and shall be unconditionally discharged from
226	226	30 his the offender's commitment upon reaching:
227	227	31 (1) twenty-one (21) years of age; or
228	228	32 (2) twenty-five (25) years of age if the offender was
229	229	33 adjudicated delinquent for an act that would have been a
230	230	34 Level 3 felony, a Level 2 felony, a Level 1 felony, or murder if
231	231	35 committed by an adult.
232	232	36 (c) (d) Upon discharge of an a delinquent offender from his the
233	233	37 offender's commitment under this section, the department shall certify
234	234	38 the discharge to the clerk of the committing court. Upon receipt of the
235	235	39 certification, the clerk shall make an entry on the record of judgment
236	236	40 that the commitment has been satisfied.
237	237	41 SECTION 4. IC 31-9-2-13, AS AMENDED BY P.L.243-2019,
238	238	42 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
239	239	2023 IN 410—LS 7178/DI 119 5
240	240	1 JULY 1, 2023]: Sec. 13. (a) "Child", for purposes of IC 31-15, IC 31-16
241	241	2 (excluding IC 31-16-12.5), and IC 31-17, means a child or children of
242	242	3 both parties to the marriage. The term includes the following:
243	243	4 (1) Children born out of wedlock to the parties.
244	244	5 (2) Children born or adopted during the marriage of the parties.
245	245	6 (b) "Child", for purposes of the Uniform Interstate Family Support
246	246	7 Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.
247	247	8 (c) "Child", for purposes of IC 31-19-5, includes an unborn child.
248	248	9 (d) Except as otherwise provided in this section, "child", for
249	249	10 purposes of the juvenile law and IC 31-27, means:
250	250	11 (1) a person who is less than eighteen (18) years of age;
251	251	12 (2) a person:
252	252	13 (A) who is eighteen (18), nineteen (19), or twenty (20) years
253	253	14 of age; and
254	254	15 (B) who either:
255	255	16 (i) is charged with a delinquent act that would be a
256	256	17 misdemeanor, Level 6 felony, Level 5 felony, or Level 4
257	257	18 felony if committed by an adult and that the person
258	258	19 committed before the person's eighteenth birthday; or
259	259	20 (ii) has been adjudicated a child in need of services before
260	260	21 the person's eighteenth birthday; or
261	261	22 (3) a person:
262	262	23 (A) who is alleged to have committed an act that would have
263	263	24 been a Level 3 felony, a Level 2 felony, a Level 1 felony, or
264	264	25 murder if committed by an adult;
265	265	26 (B) who was less than eighteen (18) years of age at the time of
266	266	27 the alleged act; and
267	267	28 (C) who is less than twenty-one (21) twenty-five (25) years of
268	268	29 age.
269	269	30 (e) "Child", for purposes of IC 31-36-3, means a person who is less
270	270	31 than eighteen (18) years of age.
271	271	32 (f) "Child", for purposes of the Interstate Compact on Juveniles
272	272	33 under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
273	273	34 (g) "Child", for purposes of IC 31-16-12.5, means an individual to
274	274	35 whom child support is owed under:
275	275	36 (1) a child support order issued under IC 31-14-10 or IC 31-16-6;
276	276	37 or
277	277	38 (2) any other child support order that is enforceable under
278	278	39 IC 31-16-12.5.
279	279	40 (h) "Child", for purposes of IC 31-32-5, means an individual who is
280	280	41 less than eighteen (18) years of age.
281	281	42 (i) "Child", for purposes of the Uniform Child Custody Jurisdiction
282	282	2023 IN 410—LS 7178/DI 119 6
283	283	1 Act under IC 31-21, has the meaning set forth in IC 31-21-2-3.
284	284	2 (j) "Child", for purposes of IC 31-35-2-4.5, means an individual who
285	285	3 is:
286	286	4 (1) less than eighteen (18) years of age; and
287	287	5 (2) a delinquent child or a child in need of services.
288	288	6 SECTION 5. IC 31-30-1-1, AS AMENDED BY P.L.172-2022,
289	289	7 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
290	290	8 JULY 1, 2023]: Sec. 1. A juvenile court has exclusive original
291	291	9 jurisdiction, except as provided in sections 9, 10, 12, and 13 of this
292	292	10 chapter and IC 31-30-3-1, in the following:
293	293	11 (1) Proceedings in which a child, including a child of divorced
294	294	12 parents, is alleged to be a delinquent child under IC 31-37.
295	295	13 (2) Proceedings in which a child, including a child of divorced
296	296	14 parents, is alleged to be a child in need of services under
297	297	15 IC 31-34.
298	298	16 (3) Proceedings concerning the paternity of a child under
299	299	17 IC 31-14.
300	300	18 (4) Proceedings under the interstate compact on juveniles under
301	301	19 IC 31-37-23.
302	302	20 (5) Proceedings governing the participation of a parent, guardian,
303	303	21 or custodian in a program of care, treatment, or rehabilitation for
304	304	22 a child under IC 31-34-20 or IC 31-37-15.
305	305	23 (6) Proceedings under IC 31-34-4, IC 31-34-5, IC 31-37-5, and
306	306	24 IC 31-37-6 governing the detention of a child before a petition has
307	307	25 been filed.
308	308	26 (7) Proceedings to issue a protective order under IC 31-32-13.
309	309	27 (8) Proceedings in which a child less than sixteen (16) years of
310	310	28 age is alleged to have committed an act that would be a
311	311	29 misdemeanor traffic offense if committed by an adult.
312	312	30 (9) Proceedings in which a child is alleged to have committed an
313	313	31 act that would be an offense under IC 9-30-5 if committed by an
314	314	32 adult.
315	315	33 (10) Guardianship of the person proceedings for a child:
316	316	34 (A) who has been adjudicated as a child in need of services;
317	317	35 (B) for whom a juvenile court has approved a permanency
318	318	36 plan under IC 31-34-21-7 that provides for the appointment of
319	319	37 a guardian of the person; and
320	320	38 (C) who is the subject of a pending child in need of services
321	321	39 proceeding under IC 31-34.
322	322	40 (11) Proceedings concerning involuntary drug and alcohol
323	323	41 treatment under IC 31-32-16.
324	324	42 (12) Proceedings under the interstate compact for juveniles under
325	325	2023 IN 410—LS 7178/DI 119 7
326	326	1 IC 11-13-4.5-1.5.
327	327	2 (13) Proceedings under IC 31-28-5.8.
328	328	3 (14) Other proceedings specified by law.
329	329	4 SECTION 6. IC 31-30-1-4 IS REPEALED [EFFECTIVE JULY 1,
330	330	5 2023]. Sec. 4. (a) The juvenile court does not have jurisdiction over an
331	331	6 individual for an alleged violation of:
332	332	7 (1) IC 35-41-5-1(a) (attempted murder);
333	333	8 (2) IC 35-42-1-1 (murder);
334	334	9 (3) IC 35-42-3-2 (kidnapping);
335	335	10 (4) IC 35-42-4-1 (rape);
336	336	11 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
337	337	12 (6) IC 35-42-5-1 (robbery) if:
338	338	13 (A) the robbery was committed while armed with a deadly
339	339	14 weapon; or
340	340	15 (B) the robbery results in bodily injury or serious bodily
341	341	16 injury;
342	342	17 (7) IC 35-42-5-2 (carjacking) (before its repeal);
343	343	18 (8) IC 35-47-2-1.5 (unlawful carrying of a handgun), if charged
344	344	19 as a felony;
345	345	20 (9) IC 35-47-10 (children and firearms), if charged as a felony; or
346	346	21 (10) any offense that may be joined under IC 35-34-1-9(a)(2) with
347	347	22 any crime listed in this subsection;
348	348	23 if the individual was at least sixteen (16) years of age but less than
349	349	24 eighteen (18) years of age at the time of the alleged violation.
350	350	25 (b) Once an individual described in subsection (a) has been charged
351	351	26 with any offense listed in subsection (a), the court having adult
352	352	27 criminal jurisdiction shall retain jurisdiction over the case if the
353	353	28 individual pleads guilty to or is convicted of any offense listed in
354	354	29 subsection (a)(1) through (a)(9).
355	355	30 (c) If:
356	356	31 (1) an individual described in subsection (a) is charged with one
357	357	32 (1) or more offenses listed in subsection (a);
358	358	33 (2) all the charges under subsection (a)(1) through (a)(9) resulted
359	359	34 in an acquittal or were dismissed; and
360	360	35 (3) the individual pleads guilty to or is convicted of any offense
361	361	36 other than an offense listed in subsection (a)(1) through (a)(9);
362	362	37 the court having adult criminal jurisdiction may withhold judgment and
363	363	38 transfer jurisdiction to the juvenile court for adjudication and
364	364	39 disposition. In determining whether to transfer jurisdiction to the
365	365	40 juvenile court for adjudication and disposition, the court having adult
366	366	41 criminal jurisdiction shall consider whether there are appropriate
367	367	42 services available in the juvenile justice system, whether the child is
368	368	2023 IN 410—LS 7178/DI 119 8
369	369	1 amenable to rehabilitation under the juvenile justice system, and
370	370	2 whether it is in the best interests of the safety and welfare of the
371	371	3 community that the child be transferred to juvenile court. All orders
372	372	4 concerning release conditions remain in effect until a juvenile court
373	373	5 detention hearing, which must be held not later than forty-eight (48)
374	374	6 hours, excluding Saturdays, Sundays, and legal holidays, after the order
375	375	7 of transfer of jurisdiction.
376	376	8 SECTION 7. IC 31-30-1-11 IS AMENDED TO READ AS
377	377	9 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) Except:
378	378	10 (1) as provided in section 9 of this chapter; or
379	379	11 (2) with respect to a case over which:
380	380	12 (A) a circuit court has jurisdiction under IC 33-28-1-2; or
381	381	13 (B) a superior court has jurisdiction under IC 33-29-1-1.5
382	382	14 or IC 33-29-1.5-2;
383	383	15 if a court having criminal jurisdiction determines that a defendant is
384	384	16 alleged to have committed a crime before the defendant is eighteen
385	385	17 (18) years of age, the court shall immediately transfer the case, together
386	386	18 with certified copies of all papers, documents, and testimony, to the
387	387	19 juvenile court. The juvenile court shall proceed as if it had received a
388	388	20 referral under IC 31-37-8.
389	389	21 (b) Upon transferring a case to a juvenile court under subsection
390	390	22 (a), the court having criminal jurisdiction shall release the child on the
391	391	23 child's own recognizance or to the child's parent, guardian, or custodian
392	392	24 upon that person's written promise to bring the child before the juvenile
393	393	25 court at a specified time. However, the court may order the child
394	394	26 detained if the court finds probable cause to believe that the child
395	395	27 committed an act that would be a crime if committed by an adult and
396	396	28 that:
397	397	29 (1) the child is unlikely to appear before the juvenile court for
398	398	30 subsequent proceedings;
399	399	31 (2) detention is essential to protect the child or the community;
400	400	32 (3) the parent, guardian, or custodian:
401	401	33 (A) cannot be located; or
402	402	34 (B) is unable or unwilling to take custody of the child; or
403	403	35 (4) the child has a reasonable basis for requesting that he or she
404	404	36 not be released.
405	405	37 If the child is detained for a reason specified by subdivision (3) or (4),
406	406	38 the child must be detained in accordance with IC 31-37-7-1.
407	407	39 (c) If the a child is not released, detained under subsection (b), the
408	408	40 child shall be delivered to a place designated by the juvenile court. The
409	409	41 court having criminal jurisdiction shall promptly notify the child's
410	410	42 parent, guardian, or custodian and an intake officer of where the child
411	411	2023 IN 410—LS 7178/DI 119 9
412	412	1 is being held and the reasons for the child's detention.
413	413	2 (d) A child transferred to the juvenile court under this section (or
414	414	3 IC 31-6-2-2 before its repeal) may not be released on bail.
415	415	4 SECTION 8. IC 31-30-3-1 IS AMENDED TO READ AS
416	416	5 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) Waiver of
417	417	6 jurisdiction refers to an order of the juvenile court that waives the case
418	418	7 to a court that would have jurisdiction had the act been committed by
419	419	8 an adult. Waiver is for the offense charged and all included offenses.
420	420	9 (b) A:
421	421	10 (1) circuit court has jurisdiction under IC 33-28-1-2 over a
422	422	11 case waived to the circuit court under this chapter; and
423	423	12 (2) superior court has jurisdiction under IC 33-29-1-1.5 or
424	424	13 IC 33-29-1.5-2, as applicable, over a case waived to the
425	425	14 superior court under this chapter.
426	426	15 SECTION 9. IC 31-30-3-2, AS AMENDED BY P.L.67-2008,
427	427	16 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
428	428	17 JULY 1, 2023]: Sec. 2. Upon motion of the prosecuting attorney and
429	429	18 after full investigation and hearing, the juvenile court may waive
430	430	19 jurisdiction if it finds that:
431	431	20 (1) the child is charged with an act that is a felony:
432	432	21 (A) that is heinous or aggravated, with greater weight given to
433	433	22 acts against the person than to acts against property; or
434	434	23 (B) that is a part of a repetitive pattern of delinquent acts, even
435	435	24 though less serious;
436	436	25 (2) the child was at least fourteen (14) sixteen (16) years of age
437	437	26 when the act charged was allegedly committed;
438	438	27 (3) there is probable cause to believe that the child committed the
439	439	28 act;
440	440	29 (4) the child is beyond rehabilitation under the juvenile justice
441	441	30 system; and
442	442	31 (5) it is in the best interests of the safety and welfare of the
443	443	32 community that the child stand trial as an adult.
444	444	33 SECTION 10. IC 31-30-3-3 IS AMENDED TO READ AS
445	445	34 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. Upon motion of the
446	446	35 prosecuting attorney and after a full investigation and a hearing, the
447	447	36 court may waive jurisdiction if it finds that:
448	448	37 (1) the child is charged with an act that, if committed by an adult,
449	449	38 would be a Level 1 felony, Level 2 felony, Level 3 felony, Level
450	450	39 4 felony, or Level 5 felony under IC 35-48-4;
451	451	40 (2) there is probable cause to believe that the child has committed
452	452	41 the act;
453	453	42 (3) the child was at least sixteen (16) years of age when the act
454	454	2023 IN 410—LS 7178/DI 119 10
455	455	1 was allegedly committed; and
456	456	2 (4) it is in the best interests of the safety and the welfare of the
457	457	3 community for the child to stand trial as an adult.
458	458	4 SECTION 11. IC 31-30-3-4, AS AMENDED BY P.L.187-2015,
459	459	5 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
460	460	6 JULY 1, 2023]: Sec. 4. Upon motion of the prosecuting attorney and
461	461	7 after full investigation and hearing, the juvenile court shall may waive
462	462	8 jurisdiction if it finds that:
463	463	9 (1) the child is charged with an act that would be murder if
464	464	10 committed by an adult;
465	465	11 (2) there is probable cause to believe that the child has committed
466	466	12 the act; and
467	467	13 (3) the child was at least twelve (12) fourteen (14) years of age,
468	468	14 but less than sixteen (16) years of age, when the act charged was
469	469	15 allegedly committed; and
470	470	16 (4) unless it would be is in the best interests of the child and of
471	471	17 the safety and welfare of the community for the child to remain
472	472	18 within the juvenile justice system. stand trial as an adult.
473	473	19 SECTION 12. IC 31-30-3-5, AS AMENDED BY P.L.158-2013,
474	474	20 SECTION 316, IS AMENDED TO READ AS FOLLOWS
475	475	21 [EFFECTIVE JULY 1, 2023]: Sec. 5. Except for those cases in which
476	476	22 the juvenile court has no jurisdiction in accordance with IC 31-30-1-4,
477	477	23 The court shall, upon motion of the prosecuting attorney and after full
478	478	24 investigation and hearing, waive jurisdiction if it finds that:
479	479	25 (1) the child is charged with an act that, if committed by an adult,
480	480	26 would be:
481	481	27 (A) a Level 1 felony, Level 2 felony, Level 3 felony, or Level
482	482	28 4 felony, except a felony defined by IC 35-48-4;
483	483	29 (B) involuntary manslaughter as a Level 5 felony under
484	484	30 IC 35-42-1-4; or
485	485	31 (C) reckless homicide as a Level 5 felony under IC 35-42-1-5;
486	486	32 (A) IC 35-41-5-1(a) (attempted murder);
487	487	33 (B) IC 35-42-1-1 (murder);
488	488	34 (C) IC 35-42-3-2 (kidnapping) if the kidnapping:
489	489	35 (i) is committed while armed with a deadly weapon;
490	490	36 (ii) results in serious bodily injury;
491	491	37 (iii) is committed with the intent to obtain ransom;
492	492	38 (iv) is committed while hijacking a vehicle;
493	493	39 (v) is committed with the intent to obtain the release, or
494	494	40 the intent to aid in the escape, of any person from lawful
495	495	41 incarceration or detention; or
496	496	42 (vi) is committed with the intent to use the kidnapped
497	497	2023 IN 410—LS 7178/DI 119 11
498	498	1 person as a human shield or hostage;
499	499	2 (D) IC 35-42-4-1 (rape); or
500	500	3 (E) IC 35-42-5-1 (robbery) if the robbery:
501	501	4 (i) is committed while armed with a deadly weapon; or
502	502	5 (ii) results in bodily injury or serious bodily injury;
503	503	6 (2) there is probable cause to believe that the child has committed
504	504	7 the act; and
505	505	8 (3) the child was at least sixteen (16) years of age when the act
506	506	9 charged was allegedly committed;
507	507	10 unless it would be in the best interests of the child and of the safety and
508	508	11 welfare of the community for the child to remain within the juvenile
509	509	12 justice system.
510	510	13 SECTION 13. IC 31-30-4-1, AS ADDED BY P.L.104-2013,
511	511	14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
512	512	15 JULY 1, 2023]: Sec. 1. This chapter applies to the following:
513	513	16 (1) An offender who:
514	514	17 (A) is less than eighteen (18) years of age;
515	515	18 (B) (A) has been waived to a court with criminal jurisdiction
516	516	19 under IC 31-30-3; and
517	517	20 (C) (B) is charged as an adult offender.
518	518	21 (2) An offender who
519	519	22 (A) is less than eighteen (18) years of age; and
520	520	23 (B) does is not come under the jurisdiction of a juvenile court
521	521	24 because the offender is was charged with an offense listed in
522	522	25 IC 31-30-1-4 (before its repeal).
523	523	26 SECTION 14. IC 31-30-4-2, AS AMENDED BY P.L.168-2014,
524	524	27 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
525	525	28 JULY 1, 2023]: Sec. 2. (a) Subject to subsection (c), if:
526	526	29 (1) an offender is:
527	527	30 (A) less than eighteen (18) years of age;
528	528	31 (B) (A) waived to a court with criminal jurisdiction under
529	529	32 IC 31-30-3 because the offender committed an act that would
530	530	33 be a felony if committed by an adult; and
531	531	34 (C) (B) convicted of committing the felony or enters a plea of
532	532	35 guilty to committing the felony; or
533	533	36 (2) an offender is:
534	534	37 (A) less than eighteen (18) years of age;
535	535	38 (B) (A) charged with a felony over which a juvenile court does
536	536	39 not have jurisdiction under IC 31-30-1-4 (before its repeal);
537	537	40 and
538	538	41 (C) (B) convicted of committing the felony by a court with
539	539	42 criminal jurisdiction or enters a plea of guilty to committing
540	540	2023 IN 410—LS 7178/DI 119 12
541	541	1 the felony with the court;
542	542	2 the court may, upon its own motion, a motion of the prosecuting
543	543	3 attorney, or a motion of the offender's legal representative, impose a
544	544	4 sentence upon the conviction of the offender under this chapter.
545	545	5 (b) If a court elects to impose a sentence upon conviction of an
546	546	6 offender under subsection (a) and, before the offender is sentenced, the
547	547	7 department of correction determines that there is space available for the
548	548	8 offender in a juvenile facility of the division of youth services of the
549	549	9 department, the sentencing court may:
550	550	10 (1) impose an appropriate criminal sentence on the offender under
551	551	11 IC 35-50-2;
552	552	12 (2) suspend the criminal sentence imposed, notwithstanding
553	553	13 IC 35-50-2-2 (before its repeal), IC 35-50-2-2.1, and
554	554	14 IC 35-50-2-2.2;
555	555	15 (3) order the offender to be placed into the custody of the
556	556	16 department of correction to be placed in the juvenile facility of the
557	557	17 division of youth services; and
558	558	18 (4) provide that the successful completion of the placement of the
559	559	19 offender in the juvenile facility is a condition of the suspended
560	560	20 criminal sentence.
561	561	21 (c) The court may not impose a sentence on an offender under
562	562	22 subsection (a) until:
563	563	23 (1) the prosecuting attorney has notified the victim of the felony
564	564	24 of the possible imposition of a sentence on the offender under this
565	565	25 chapter; and
566	566	26 (2) either:
567	567	27 (A) the probation department of the court has conducted a
568	568	28 presentence investigation concerning the offender and reported
569	569	29 its findings to the court; or
570	570	30 (B) the department of correction has conducted a diagnostic
571	571	31 evaluation of the offender and reported its findings to the
572	572	32 court.
573	573	33 SECTION 15. IC 31-30-4-5, AS AMENDED BY P.L.168-2014,
574	574	34 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
575	575	35 JULY 1, 2023]: Sec. 5. (a) At the request of a sentencing court, the
576	576	36 department of correction shall provide a progress report to the
577	577	37 sentencing court concerning an offender sentenced and placed in a
578	578	38 juvenile facility under section 2(b) of this chapter. When the offender
579	579	39 becomes eighteen (18) years of age: has successfully completed a
580	580	40 rehabilitation program or has served eighteen (18) months in the
581	581	41 juvenile facility, whichever comes first:
582	582	42 (1) the department shall notify the sentencing court; and
583	583	2023 IN 410—LS 7178/DI 119 13
584	584	1 (2) the sentencing court shall hold a review hearing concerning
585	585	2 the offender before the offender becomes nineteen (19) years of
586	586	3 age. not later than ninety (90) days after receiving the notice
587	587	4 under subdivision (1).
588	588	5 (b) Except as provided in subsection (c), After a hearing conducted
589	589	6 under subsection (a), the sentencing court may:
590	590	7 (1) continue the offender's placement in a juvenile facility until
591	591	8 the objectives of the sentence imposed on the offender have been
592	592	9 met, if the sentencing court finds that the objectives of the
593	593	10 sentence imposed on the offender have not been met;
594	594	11 (2) discharge the offender if the sentencing court finds that the
595	595	12 objectives of the sentence imposed on the offender have been
596	596	13 met;
597	597	14 (3) order execution of all or part of the offender's suspended
598	598	15 criminal sentence in an adult facility of the department of
599	599	16 correction; or
600	600	17 (4) place the offender:
601	601	18 (A) in home detention under IC 35-38-2.5;
602	602	19 (B) in a community corrections program under IC 35-38-2.6;
603	603	20 (C) on probation under IC 35-50-7; or
604	604	21 (D) in any other appropriate alternative sentencing program.
605	605	22 (c) This subsection applies to an offender over whom a juvenile
606	606	23 court lacks jurisdiction under IC 31-30-1-4 who is convicted of one (1)
607	607	24 or more of the following offenses:
608	608	25 (1) Murder (IC 35-42-1-1).
609	609	26 (2) Attempted murder (IC 35-41-5-1).
610	610	27 (3) Kidnapping (IC 35-42-3-2).
611	611	28 (4) Rape as a Class A felony (for a crime committed before July
612	612	29 1, 2014) or a Level 1 felony (for a crime committed after June 30,
613	613	30 2014) (IC 35-42-4-1(b)).
614	614	31 (5) Criminal deviate conduct as a Class A felony (IC
615	615	32 35-42-4-2(b)) (before its repeal).
616	616	33 (6) Robbery as a Class A felony (for a crime committed before
617	617	34 July 1, 2014) or a Level 2 felony (for a crime committed after
618	618	35 June 30, 2014) (IC 35-42-5-1), if:
619	619	36 (A) the offense was committed while armed with a deadly
620	620	37 weapon; and
621	621	38 (B) the offense resulted in bodily injury to any person other
622	622	39 than a defendant.
623	623	40 The court may not modify the original sentence of an offender to whom
624	624	41 this subsection applies if the prosecuting attorney objects in writing to
625	625	42 the modification. The prosecuting attorney shall set forth in writing the
626	626	2023 IN 410—LS 7178/DI 119 14
627	627	1 prosecuting attorney's reasons for objecting to the sentence
628	628	2 modification.
629	629	3 (c) If the sentencing court continues the offender's placement in
630	630	4 a juvenile facility after the hearing conducted under subsection (a),
631	631	5 the sentencing court shall conduct a review hearing at least once
632	632	6 every one hundred eighty (180) days until:
633	633	7 (1) the objectives of the sentence imposed on the offender have
634	634	8 been met; or
635	635	9 (2) the offender becomes twenty-five (25) years of age;
636	636	10 whichever occurs first.
637	637	11 SECTION 16. IC 31-30-4-6, AS ADDED BY P.L.104-2013,
638	638	12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
639	639	13 JULY 1, 2023]: Sec. 6. (a) At any time before an offender placed in a
640	640	14 juvenile facility under section 2(b) of this chapter becomes twenty-one
641	641	15 (21) twenty-five (25) years of age, the department of correction may
642	642	16 transfer the offender to an adult facility if the department of correction
643	643	17 believes the offender is a safety or security risk to:
644	644	18 (1) the other offenders or the staff at the juvenile facility; or
645	645	19 (2) the public.
646	646	20 (b) If the department of correction transfers an offender to an adult
647	647	21 facility under this section, the department shall notify the sentencing
648	648	22 court of the circumstances of the transfer.
649	649	23 SECTION 17. IC 31-37-1-2, AS AMENDED BY P.L.84-2021,
650	650	24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
651	651	25 JULY 1, 2023]: Sec. 2. A child commits a delinquent act if, before
652	652	26 becoming eighteen (18) years of age, the child commits an act:
653	653	27 (1) that would be an offense if committed by an adult;
654	654	28 (2) in violation of IC 35-45-4-6 (indecent display by a youth);
655	655	29 or
656	656	30 (3) in violation of IC 35-47-10-5 (dangerous possession and
657	657	31 unlawful transfer of a firearm); or
658	658	32 (4) in violation of IC 35-42-4-3.5 (child sexual misconduct);
659	659	33 except an act committed by a person over which the juvenile court
660	660	34 lacks jurisdiction under IC 31-30-1.
661	661	35 SECTION 18. IC 31-37-19-7 IS AMENDED TO READ AS
662	662	36 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) With respect to
663	663	37 a wardship awarded under section 6(b)(2)(A) of this chapter, a child
664	664	38 may not be awarded to the department of correction, if the child:
665	665	39 (1) except as provided by subsection (b), is:
666	666	40 (A) less than twelve (12) thirteen (13) years of age; or
667	667	41 (B) at least eighteen (18) twenty-three (23) years of age;
668	668	42 at the time of the dispositional decree; or
669	669	2023 IN 410—LS 7178/DI 119 15
670	670	1 (2) was determined to be a delinquent child because the child
671	671	2 violated IC 7.1-5-7.
672	672	3 (b) A wardship may be awarded to the department of correction if
673	673	4 the child:
674	674	5 (1) is ten (10) or eleven (11) years of age; and
675	675	6 (2) is found to have committed an act that would have been
676	676	7 murder if committed by an adult.
677	677	8 (c) (b) The department of correction may not confine a delinquent
678	678	9 child, except as provided in IC 11-10-2-10, at:
679	679	10 (1) an adult correctional facility; or
680	680	11 (2) a shelter care facility;
681	681	12 that houses persons charged with, imprisoned for, or incarcerated for
682	682	13 crimes unless the child is restricted to an area of the facility where the
683	683	14 child may have not more than haphazard or incidental sight or sound
684	684	15 contact with persons charged with, imprisoned for, or incarcerated for
685	685	16 crimes.
686	686	17 SECTION 19. IC 31-37-19-9, AS AMENDED BY P.L.214-2013,
687	687	18 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
688	688	19 JULY 1, 2023]: Sec. 9. (a) This section applies if a child is a delinquent
689	689	20 child under IC 31-37-1.
690	690	21 (b) (a) After a juvenile court makes a determination under
691	691	22 IC 11-8-8-5, the juvenile court may, in addition to an order under
692	692	23 section 6 of this chapter, and If the a child:
693	693	24 (1) is at least thirteen (13) years of age; and less than sixteen (16)
694	694	25 years of age; and
695	695	26 (2) committed an act that, if committed by an adult, would be
696	696	27 (A) murder; (IC 35-42-1-1);
697	697	28 (B) kidnapping (IC 35-42-3-2);
698	698	29 (C) rape (IC 35-42-4-1);
699	699	30 (D) criminal deviate conduct (IC 35-42-4-2) (repealed); or
700	700	31 (E) robbery (IC 35-42-5-1) if the robbery was committed while
701	701	32 armed with a deadly weapon or if the robbery resulted in
702	702	33 bodily injury or serious bodily injury;
703	703	34 the juvenile court may, in addition to an order under section 6 of
704	704	35 this chapter, order wardship of the child to the department of
705	705	36 correction for a fixed period that is not longer than seven (7) years and
706	706	37 that does not end later than the date the child becomes eighteen (18)
707	707	38 twenty-five (25) years of age, subject to IC 11-10-2-10.
708	708	39 (b) If a child:
709	709	40 (1) is at least sixteen (16) years of age; and
710	710	41 (2) committed an act that, if committed by an adult, would be:
711	711	42 (A) IC 35-41-5-1(a) (attempted murder);
712	712	2023 IN 410—LS 7178/DI 119 16
713	713	1 (B) IC 35-42-3-2 (kidnapping) if the kidnapping:
714	714	2 (i) is committed while armed with a deadly weapon;
715	715	3 (ii) results in serious bodily injury;
716	716	4 (iii) is committed with the intent to obtain ransom;
717	717	5 (iv) is committed while hijacking a vehicle;
718	718	6 (v) is committed with the intent to obtain the release, or
719	719	7 the intent to aid in the escape, of any person from lawful
720	720	8 incarceration or detention; or
721	721	9 (vi) is committed with the intent to use the kidnapped
722	722	10 person as a human shield or hostage;
723	723	11 (C) IC 35-42-4-1 (rape); or
724	724	12 (D) IC 35-42-5-1 (robbery) if the robbery:
725	725	13 (i) is committed while armed with a deadly weapon; or
726	726	14 (ii) results in bodily injury or serious bodily injury;
727	727	15 the juvenile court may, in addition to an order under section 6 of
728	728	16 this chapter, order wardship of the child to the department of
729	729	17 correction for a fixed period that is not longer than five (5) years
730	730	18 and that does not end later than the date the child becomes
731	731	19 twenty-five (25) years of age, subject to IC 11-10-2-10.
732	732	20 (c) Notwithstanding IC 11-10-2-5, the department of correction may
733	733	21 not reduce the period ordered under this section (or
734	734	22 IC 31-6-4-15.9(b)(8) before its repeal).
735	735	23 SECTION 20. IC 31-37-19-10, AS AMENDED BY P.L.158-2013,
736	736	24 SECTION 331, IS AMENDED TO READ AS FOLLOWS
737	737	25 [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) This section applies to a
738	738	26 child who:
739	739	27 (1) is adjudicated a delinquent child for an act that if committed
740	740	28 by an adult would be:
741	741	29 (A) a felony against a person;
742	742	30 (B) a Level 1, Level 2, Level 3, or Level 4 felony that is a
743	743	31 controlled substances offense under IC 35-48-4-1 through
744	744	32 IC 35-48-4-5; or
745	745	33 (C) burglary as a Level 1, Level 2, Level 3, or Level 4 felony
746	746	34 under IC 35-43-2-1;
747	747	35 (2) is at least fourteen (14) years of age at the time the child
748	748	36 committed the act for which the child is being placed; and
749	749	37 (3) has two (2) unrelated prior adjudications of delinquency for
750	750	38 acts that each of which would be felonies a felony if committed
751	751	39 by an adult.
752	752	40 (b) A court may place the child in a facility authorized under this
753	753	41 chapter for not more than two (2) years.
754	754	42 (c) Notwithstanding IC 11-10-2-5, the department of correction may
755	755	2023 IN 410—LS 7178/DI 119 17
756	756	1 not reduce the period ordered under this section (or IC 31-6-4-15.9(n)
757	757	2 before its repeal).
758	758	3 SECTION 21. IC 31-39-3-2, AS AMENDED BY P.L.86-2022,
759	759	4 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
760	760	5 JULY 1, 2023]: Sec. 2. Except for information listed in
761	761	6 IC 5-14-3-4(a)(1) through IC 5-14-3-4(a)(15), the following
762	762	7 information contained in records involving allegations of delinquency
763	763	8 that would be a crime if committed by an adult is considered public
764	764	9 information:
765	765	10 (1) The nature of the offense allegedly committed and the
766	766	11 circumstances immediately surrounding the alleged offense,
767	767	12 including the time, location, and property involved.
768	768	13 (2) The identity of any victim.
769	769	14 (3) A description of the method of apprehension.
770	770	15 (4) Any instrument of physical force used.
771	771	16 (5) The identity of any officers assigned to the investigation,
772	772	17 except for the undercover units.
773	773	18 (6) The age and sex of any child apprehended or sought for the
774	774	19 alleged commission of the offense.
775	775	20 (7) The identity of a child, if the child is apprehended or sought
776	776	21 for the alleged commission of:
777	777	22 (A) an offense over which a juvenile court does not have
778	778	23 jurisdiction under IC 31-30-1-2; and IC 31-30-1-4; or
779	779	24 (B) an act specified under IC 31-30-3-3.
780	780	25 SECTION 22. IC 33-28-1-2, AS AMENDED BY P.L.195-2019,
781	781	26 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
782	782	27 JULY 1, 2023]: Sec. 2. (a) All circuit courts have:
783	783	28 (1) original and concurrent jurisdiction in all civil cases and in all
784	784	29 criminal cases;
785	785	30 (2) original and concurrent jurisdiction over a case alleging
786	786	31 that an individual committed a delinquent act under IC 31-37
787	787	32 if:
788	788	33 (A) the delinquent act is an act over which the circuit court
789	789	34 would have jurisdiction if the act had been committed by
790	790	35 an adult; and
791	791	36 (B) either:
792	792	37 (i) the juvenile courts lack jurisdiction over the case
793	793	38 under IC 31-30-1; or
794	794	39 (ii) the juvenile court waives the case to the circuit court
795	795	40 under IC 31-30-3;
796	796	41 (2) (3) original and concurrent jurisdiction with the superior
797	797	42 courts in all user fee cases;
798	798	2023 IN 410—LS 7178/DI 119 18
799	799	1 (3) (4) de novo appellate jurisdiction of appeals from city and
800	800	2 town courts; and
801	801	3 (4) (5) in Marion County, de novo appellate jurisdiction of
802	802	4 appeals from township small claims courts established under
803	803	5 IC 33-34.
804	804	6 (b) The circuit court also has the appellate jurisdiction that may be
805	805	7 conferred by law upon it.
806	806	8 SECTION 23. IC 33-29-1-1.5, AS AMENDED BY P.L.195-2019,
807	807	9 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
808	808	10 JULY 1, 2023]: Sec. 1.5. All standard superior courts have:
809	809	11 (1) original and concurrent jurisdiction in all civil cases and in all
810	810	12 criminal cases;
811	811	13 (2) original and concurrent jurisdiction over a case alleging
812	812	14 that an individual committed a delinquent act under IC 31-37
813	813	15 if:
814	814	16 (A) the delinquent act is an act over which the superior
815	815	17 court would have jurisdiction if the act had been
816	816	18 committed by an adult; and
817	817	19 (B) either:
818	818	20 (i) the juvenile courts lack jurisdiction over the case
819	819	21 under IC 31-30-1; or
820	820	22 (ii) the juvenile court waives the case to the superior
821	821	23 court under IC 31-30-3;
822	822	24 (2) (3) original and concurrent jurisdiction with the circuit courts
823	823	25 in all user fee cases;
824	824	26 (3) (4) de novo appellate jurisdiction of appeals from city and
825	825	27 town courts; and
826	826	28 (4) (5) in Marion County, de novo appellate jurisdiction of
827	827	29 appeals from township small claims courts established under
828	828	30 IC 33-34.
829	829	31 SECTION 24. IC 33-29-1.5-2, AS AMENDED BY P.L.195-2019,
830	830	32 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
831	831	33 JULY 1, 2023]: Sec. 2. All superior courts have:
832	832	34 (1) original and concurrent jurisdiction in all civil cases and in all
833	833	35 criminal cases;
834	834	36 (2) original and concurrent jurisdiction over a case alleging
835	835	37 that an individual committed a delinquent act under IC 31-37
836	836	38 if:
837	837	39 (A) the delinquent act is an act over which the superior
838	838	40 court would have jurisdiction if the act had been
839	839	41 committed by an adult; and
840	840	42 (B) either:
841	841	2023 IN 410—LS 7178/DI 119 19
842	842	1 (i) the juvenile courts lack jurisdiction over the case
843	843	2 under IC 31-30-1; or
844	844	3 (ii) the juvenile court waives the case to the superior
845	845	4 court under IC 31-30-3;
846	846	5 (2) (3) original and concurrent jurisdiction with the circuit courts
847	847	6 in all user fee cases;
848	848	7 (3) (4) de novo appellate jurisdiction of appeals from city and
849	849	8 town courts; and
850	850	9 (4) (5) in Marion County, de novo appellate jurisdiction of
851	851	10 appeals from township small claims courts established under
852	852	11 IC 33-34.
853	853	12 SECTION 25. IC 35-38-1-17, AS AMENDED BY P.L.45-2018,
854	854	13 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
855	855	14 JULY 1, 2023]: Sec. 17. (a) Notwithstanding IC 1-1-5.5-21, this section
856	856	15 applies to a person:
857	857	16 (1) who:
858	858	17 (1) (A) commits an offense; or
859	859	18 (2) (B) is sentenced;
860	860	19 before July 1, 2014; and
861	861	20 (2) who was eighteen (18) years of age or older at the time of
862	862	21 the offense.
863	863	22 (b) This section does not apply to a credit restricted felon.
864	864	23 (c) Except as provided in subsections (k) and (m), this section does
865	865	24 not apply to a violent criminal.
866	866	25 (d) As used in this section, "violent criminal" means a person
867	867	26 convicted of any of the following offenses:
868	868	27 (1) Murder (IC 35-42-1-1).
869	869	28 (2) Attempted murder (IC 35-41-5-1).
870	870	29 (3) Voluntary manslaughter (IC 35-42-1-3).
871	871	30 (4) Involuntary manslaughter (IC 35-42-1-4).
872	872	31 (5) Reckless homicide (IC 35-42-1-5).
873	873	32 (6) Aggravated battery (IC 35-42-2-1.5).
874	874	33 (7) Kidnapping (IC 35-42-3-2).
875	875	34 (8) Rape (IC 35-42-4-1).
876	876	35 (9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
877	877	36 (10) Child molesting (IC 35-42-4-3).
878	878	37 (11) Sexual misconduct with a minor as a Class A felony under
879	879	38 IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2)
880	880	39 (for a crime committed before July 1, 2014) or sexual misconduct
881	881	40 with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a
882	882	41 Level 2 felony under IC 35-42-4-9(b)(2) (for a crime committed
883	883	42 after June 30, 2014).
884	884	2023 IN 410—LS 7178/DI 119 20
885	885	1 (12) Robbery as a Class A felony or a Class B felony (IC
886	886	2 35-42-5-1) (for a crime committed before July 1, 2014) or robbery
887	887	3 as a Level 2 felony or a Level 3 felony (IC 35-42-5-1) (for a crime
888	888	4 committed after June 30, 2014).
889	889	5 (13) Burglary as Class A felony or a Class B felony (IC
890	890	6 35-43-2-1) (for a crime committed before July 1, 2014) or
891	891	7 burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or
892	892	8 Level 4 felony (IC 35-43-2-1) (for a crime committed after June
893	893	9 30, 2014).
894	894	10 (14) Unlawful possession of a firearm by a serious violent felon
895	895	11 (IC 35-47-4-5).
896	896	12 (e) At any time after:
897	897	13 (1) a convicted person begins serving the person's sentence; and
898	898	14 (2) the court obtains a report from the department of correction
899	899	15 concerning the convicted person's conduct while imprisoned;
900	900	16 the court may reduce or suspend the sentence and impose a sentence
901	901	17 that the court was authorized to impose at the time of sentencing.
902	902	18 However, if the convicted person was sentenced under the terms of a
903	903	19 plea agreement, the court may not, without the consent of the
904	904	20 prosecuting attorney, reduce or suspend the sentence and impose a
905	905	21 sentence not authorized by the plea agreement. The court must
906	906	22 incorporate its reasons in the record.
907	907	23 (f) If the court sets a hearing on a petition under this section, the
908	908	24 court must give notice to the prosecuting attorney and the prosecuting
909	909	25 attorney must give notice to the victim (as defined in IC 35-31.5-2-348)
910	910	26 of the crime for which the convicted person is serving the sentence.
911	911	27 (g) The court may suspend a sentence for a felony under this section
912	912	28 only if suspension is permitted under IC 35-50-2-2.2.
913	913	29 (h) The court may deny a request to suspend or reduce a sentence
914	914	30 under this section without making written findings and conclusions.
915	915	31 (i) The court is not required to conduct a hearing before reducing or
916	916	32 suspending a sentence under this section if:
917	917	33 (1) the prosecuting attorney has filed with the court an agreement
918	918	34 of the reduction or suspension of the sentence; and
919	919	35 (2) the convicted person has filed with the court a waiver of the
920	920	36 right to be present when the order to reduce or suspend the
921	921	37 sentence is considered.
922	922	38 (j) This subsection applies only to a convicted person who is not a
923	923	39 violent criminal. A convicted person who is not a violent criminal may
924	924	40 file a petition for sentence modification under this section:
925	925	41 (1) not more than one (1) time in any three hundred sixty-five
926	926	42 (365) day period; and
927	927	2023 IN 410—LS 7178/DI 119 21
928	928	1 (2) a maximum of two (2) times during any consecutive period of
929	929	2 incarceration;
930	930	3 without the consent of the prosecuting attorney.
931	931	4 (k) This subsection applies to a convicted person who is a violent
932	932	5 criminal. A convicted person who is a violent criminal may, not later
933	933	6 than three hundred sixty-five (365) days from the date of sentencing,
934	934	7 file one (1) petition for sentence modification under this section
935	935	8 without the consent of the prosecuting attorney. After the elapse of the
936	936	9 three hundred sixty-five (365) day period, a violent criminal may not
937	937	10 file a petition for sentence modification without the consent of the
938	938	11 prosecuting attorney.
939	939	12 (l) A person may not waive the right to sentence modification under
940	940	13 this section as part of a plea agreement. Any purported waiver of the
941	941	14 right to sentence modification under this section in a plea agreement is
942	942	15 invalid and unenforceable as against public policy. This subsection
943	943	16 does not prohibit the finding of a waiver of the right to:
944	944	17 (1) have a court modify a sentence and impose a sentence not
945	945	18 authorized by the plea agreement, as described under subsection
946	946	19 (e); or
947	947	20 (2) sentence modification for any other reason, including failure
948	948	21 to comply with the provisions of this section.
949	949	22 (m) Notwithstanding subsection (k), a person who commits an
950	950	23 offense after June 30, 2014, and before May 15, 2015, may file one (1)
951	951	24 petition for sentence modification without the consent of the
952	952	25 prosecuting attorney, even if the person has previously filed a petition
953	953	26 for sentence modification.
954	954	27 SECTION 26. IC 35-38-1-17.1 IS ADDED TO THE INDIANA
955	955	28 CODE AS A NEW SECTION TO READ AS FOLLOWS
956	956	29 [EFFECTIVE JULY 1, 2023]: Sec. 17.1. (a) Notwithstanding any
957	957	30 other law to the contrary, a person convicted of an offense
958	958	31 committed by the person:
959	959	32 (1) when the person was less than eighteen (18) years of age;
960	960	33 and
961	961	34 (2) before, on, or after July 1, 2023;
962	962	35 may, not less than fifteen (15) years after the date of the conviction,
963	963	36 petition a court under this section for modification of the person's
964	964	37 sentence for the offense.
965	965	38 (b) If a petition under subsection (a) contains a verified
966	966	39 statement that the petitioner is indigent and desires the
967	967	40 appointment of counsel for purposes of the petitioner's request for
968	968	41 sentence modification, the court shall appoint counsel to represent
969	969	42 the petitioner in seeking the sentence modification.
970	970	2023 IN 410—LS 7178/DI 119 22
971	971	1 (c) A court with which a petition under subsection (a) is filed
972	972	2 shall transmit a copy of the petition to the prosecuting attorney.
973	973	3 The prosecuting attorney shall, not later than thirty (30) days after
974	974	4 receiving the petition, send notice of:
975	975	5 (1) the filing of the petition; and
976	976	6 (2) the rights of victims under Article 1, Section 13 of the
977	977	7 Constitution of the State of Indiana and IC 35-40;
978	978	8 to any victims of the offense for which the petitioner is seeking
979	979	9 sentence modification.
980	980	10 (d) The court with which a petition under subsection (a) is filed
981	981	11 shall conduct a hearing on the petition not later than ninety (90)
982	982	12 days after the petition is filed. At the hearing, the court shall
983	983	13 consider the following factors in deciding whether to grant the
984	984	14 petition:
985	985	15 (1) Whether the petitioner has substantially complied with the
986	986	16 rules of the institution in which the petitioner has been
987	987	17 confined, taking into consideration the age of the petitioner at
988	988	18 the time of any violations of the institution's rules.
989	989	19 (2) The nature of the offense and the history and
990	990	20 characteristics of the petitioner.
991	991	21 (3) Any statement offered by a victim, or representative of a
992	992	22 victim, of the offense.
993	993	23 (4) Any reports regarding a physical, mental, or behavioral
994	994	24 examination of the petitioner conducted by a health
995	995	25 professional.
996	996	26 (5) Influences that may have contributed to the petitioner's
997	997	27 behavior at the time of the offense, including a history of
998	998	28 trauma, neglect, abuse, or involvement in the child welfare
999	999	29 system.
1000	1000	30 (6) The role of the petitioner in the offense, and the extent to
1001	1001	31 which the petitioner's commission of the offense was
1002	1002	32 influenced by others.
1003	1003	33 (7) The diminished capacity of a juvenile as compared to an
1004	1004	34 adult, including an inability to fully appreciate risks and
1005	1005	35 consequences at the time of an offense.
1006	1006	36 (8) Any other consideration the court finds relevant.
1007	1007	37 (e) If, based on the court's consideration of the factors described
1008	1008	38 in subsection (d), the court finds that:
1009	1009	39 (1) the petitioner is not a danger to the public; and
1010	1010	40 (2) it is in the interest of justice to reduce or modify the
1011	1011	41 petitioner's sentence;
1012	1012	42 the court shall modify the petitioner's sentence.
1013	1013	2023 IN 410—LS 7178/DI 119 23
1014	1014	1 (f) A court shall issue the court's decision under subsection (e)
1015	1015	2 in a writing that sets forth the basis for the decision, including a
1016	1016	3 brief explanation of the court's reasoning with respect to the
1017	1017	4 relevant factors under subsection (d).
1018	1018	5 (g) If a court:
1019	1019	6 (1) denies a petition filed under this section; or
1020	1020	7 (2) reduces or modifies the petitioner's sentence in such a
1021	1021	8 manner that the offender remains confined five (5) years after
1022	1022	9 the reduction or modification;
1023	1023	10 the petitioner may file another petition under this section.
1024	1024	11 (h) An individual may file no more than three (3) petitions
1025	1025	12 under this section, not including any amendments made to a
1026	1026	13 petition filed under this section before the court issues an order on
1027	1027	14 the petition.
1028	1028	15 (i) A court's decision denying a petition under this section is
1029	1029	16 appealable for abuse of discretion.
1030	1030	17 SECTION 27. IC 35-41-4-2, AS AMENDED BY P.L.31-2020,
1031	1031	18 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1032	1032	19 JULY 1, 2023]: Sec. 2. (a) Except as otherwise provided in this section,
1033	1033	20 a prosecution for an offense is barred unless it is commenced:
1034	1034	21 (1) within five (5) years after the commission of the offense, in
1035	1035	22 the case of a Class B, Class C, or Class D felony (for a crime
1036	1036	23 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
1037	1037	24 Level 6 felony (for a crime committed after June 30, 2014); or
1038	1038	25 (2) within two (2) years after the commission of the offense, in the
1039	1039	26 case of a misdemeanor.
1040	1040	27 (b) A prosecution for a Class B or Class C felony (for a crime
1041	1041	28 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
1042	1042	29 (for a crime committed after June 30, 2014) that would otherwise be
1043	1043	30 barred under this section may be commenced within one (1) year after
1044	1044	31 the earlier of the date on which the state:
1045	1045	32 (1) first discovers evidence sufficient to charge the offender with
1046	1046	33 the offense through DNA (deoxyribonucleic acid) analysis; or
1047	1047	34 (2) could have discovered evidence sufficient to charge the
1048	1048	35 offender with the offense through DNA (deoxyribonucleic acid)
1049	1049	36 analysis by the exercise of due diligence.
1050	1050	37 (c) Except as provided in subsection (e), a prosecution for a Class
1051	1051	38 A felony (for a crime committed before July 1, 2014) or a Level 1
1052	1052	39 felony or Level 2 felony (for a crime committed after June 30, 2014)
1053	1053	40 may be commenced at any time.
1054	1054	41 (d) A prosecution for murder may be commenced:
1055	1055	42 (1) at any time; and
1056	1056	2023 IN 410—LS 7178/DI 119 24
1057	1057	1 (2) regardless of the amount of time that passes between:
1058	1058	2 (A) the date a person allegedly commits the elements of
1059	1059	3 murder; and
1060	1060	4 (B) the date the alleged victim of the murder dies.
1061	1061	5 (e) Except as provided in subsection (p), a prosecution for the
1062	1062	6 following offenses is barred unless commenced before the date that the
1063	1063	7 alleged victim of the offense reaches thirty-one (31) years of age:
1064	1064	8 (1) IC 35-42-4-3 (Child molesting).
1065	1065	9 (2) IC 35-42-4-3.5 (Child sexual misconduct).
1066	1066	10 (2) (3) IC 35-42-4-5 (Vicarious sexual gratification).
1067	1067	11 (3) (4) IC 35-42-4-6 (Child solicitation).
1068	1068	12 (4) (5) IC 35-42-4-7 (Child seduction).
1069	1069	13 (5) (6) IC 35-42-4-9 (Sexual misconduct with a minor).
1070	1070	14 (6) (7) IC 35-46-1-3 (Incest).
1071	1071	15 (f) A prosecution for forgery of an instrument for payment of
1072	1072	16 money, or for the uttering of a forged instrument, under IC 35-43-5-2,
1073	1073	17 is barred unless it is commenced within five (5) years after the maturity
1074	1074	18 of the instrument.
1075	1075	19 (g) If a complaint, indictment, or information is dismissed because
1076	1076	20 of an error, defect, insufficiency, or irregularity, a new prosecution may
1077	1077	21 be commenced within ninety (90) days after the dismissal even if the
1078	1078	22 period of limitation has expired at the time of dismissal, or will expire
1079	1079	23 within ninety (90) days after the dismissal.
1080	1080	24 (h) The period within which a prosecution must be commenced does
1081	1081	25 not include any period in which:
1082	1082	26 (1) the accused person is not usually and publicly resident in
1083	1083	27 Indiana or so conceals himself or herself that process cannot be
1084	1084	28 served;
1085	1085	29 (2) the accused person conceals evidence of the offense, and
1086	1086	30 evidence sufficient to charge the person with that offense is
1087	1087	31 unknown to the prosecuting authority and could not have been
1088	1088	32 discovered by that authority by exercise of due diligence; or
1089	1089	33 (3) the accused person is a person elected or appointed to office
1090	1090	34 under statute or constitution, if the offense charged is theft or
1091	1091	35 conversion of public funds or bribery while in public office.
1092	1092	36 (i) For purposes of tolling the period of limitation only, a
1093	1093	37 prosecution is considered commenced on the earliest of these dates:
1094	1094	38 (1) The date of filing of an indictment, information, or complaint
1095	1095	39 before a court having jurisdiction.
1096	1096	40 (2) The date of issuance of a valid arrest warrant.
1097	1097	41 (3) The date of arrest of the accused person by a law enforcement
1098	1098	42 officer without a warrant, if the officer has authority to make the
1099	1099	2023 IN 410—LS 7178/DI 119 25
1100	1100	1 arrest.
1101	1101	2 (j) A prosecution is considered timely commenced for any offense
1102	1102	3 to which the defendant enters a plea of guilty, notwithstanding that the
1103	1103	4 period of limitation has expired.
1104	1104	5 (k) The following apply to the specified offenses:
1105	1105	6 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
1106	1106	7 funeral trust funds) is barred unless commenced within five (5)
1107	1107	8 years after the date of death of the settlor (as described in
1108	1108	9 IC 30-2-9).
1109	1109	10 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
1110	1110	11 of funeral trust funds) is barred unless commenced within five (5)
1111	1111	12 years after the date of death of the settlor (as described in
1112	1112	13 IC 30-2-10).
1113	1113	14 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
1114	1114	15 of funeral trust or escrow account funds) is barred unless
1115	1115	16 commenced within five (5) years after the date of death of the
1116	1116	17 purchaser (as defined in IC 30-2-13-9).
1117	1117	18 (l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
1118	1118	19 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
1119	1119	20 years after the earlier of the date on which the state:
1120	1120	21 (1) first discovers evidence sufficient to charge the offender with
1121	1121	22 the offense; or
1122	1122	23 (2) could have discovered evidence sufficient to charge the
1123	1123	24 offender with the offense by the exercise of due diligence.
1124	1124	25 (m) A prosecution for a sex offense listed in IC 11-8-8-4.5 that is
1125	1125	26 committed against a child and that is not:
1126	1126	27 (1) a Class A felony (for a crime committed before July 1, 2014)
1127	1127	28 or a Level 1 felony or Level 2 felony (for a crime committed after
1128	1128	29 June 30, 2014); or
1129	1129	30 (2) listed in subsection (e);
1130	1130	31 is barred unless commenced within ten (10) years after the commission
1131	1131	32 of the offense, or within four (4) years after the person ceases to be a
1132	1132	33 dependent of the person alleged to have committed the offense,
1133	1133	34 whichever occurs later.
1134	1134	35 (n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
1135	1135	36 crime committed before July 1, 2014) or as a Level 3 felony (for a
1136	1136	37 crime committed after June 30, 2014) that would otherwise be barred
1137	1137	38 under this section may be commenced not later than five (5) years after
1138	1138	39 the earlier of the date on which:
1139	1139	40 (1) the state first discovers evidence sufficient to charge the
1140	1140	41 offender with the offense through DNA (deoxyribonucleic acid)
1141	1141	42 analysis;
1142	1142	2023 IN 410—LS 7178/DI 119 26
1143	1143	1 (2) the state first becomes aware of the existence of a recording
1144	1144	2 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
1145	1145	3 to charge the offender with the offense; or
1146	1146	4 (3) a person confesses to the offense.
1147	1147	5 (o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
1148	1148	6 (repealed) as a Class B felony for a crime committed before July 1,
1149	1149	7 2014, that would otherwise be barred under this section may be
1150	1150	8 commenced not later than five (5) years after the earliest of the date on
1151	1151	9 which:
1152	1152	10 (1) the state first discovers evidence sufficient to charge the
1153	1153	11 offender with the offense through DNA (deoxyribonucleic acid)
1154	1154	12 analysis;
1155	1155	13 (2) the state first becomes aware of the existence of a recording
1156	1156	14 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
1157	1157	15 to charge the offender with the offense; or
1158	1158	16 (3) a person confesses to the offense.
1159	1159	17 (p) A prosecution for an offense described in subsection (e) that
1160	1160	18 would otherwise be barred under this section may be commenced not
1161	1161	19 later than five (5) years after the earliest of the date on which:
1162	1162	20 (1) the state first discovers evidence sufficient to charge the
1163	1163	21 offender with the offense through DNA (deoxyribonucleic acid)
1164	1164	22 analysis;
1165	1165	23 (2) the state first becomes aware of the existence of a recording
1166	1166	24 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
1167	1167	25 to charge the offender with the offense; or
1168	1168	26 (3) a person confesses to the offense.
1169	1169	27 SECTION 28. IC 35-42-4-3, AS AMENDED BY P.L.78-2022,
1170	1170	28 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1171	1171	29 JULY 1, 2023]: Sec. 3. (a) A person eighteen (18) years of age or
1172	1172	30 older who, with a child under fourteen (14) years of age, knowingly or
1173	1173	31 intentionally performs or submits to sexual intercourse or other sexual
1174	1174	32 conduct (as defined in IC 35-31.5-2-221.5) commits child molesting,
1175	1175	33 a Level 3 felony. However, the offense is a Level 1 felony if:
1176	1176	34 (1) it is committed by a person at least twenty-one (21) years of
1177	1177	35 age;
1178	1178	36 (2) it is committed by using or threatening the use of deadly force
1179	1179	37 or while armed with a deadly weapon;
1180	1180	38 (3) it results in serious bodily injury;
1181	1181	39 (4) the commission of the offense is facilitated by furnishing the
1182	1182	40 victim, without the victim's knowledge, with a drug (as defined in
1183	1183	41 IC 16-42-19-2(1)) or a controlled substance (as defined in
1184	1184	42 IC 35-48-1-9) or knowing that the victim was furnished with the
1185	1185	2023 IN 410—LS 7178/DI 119 27
1186	1186	1 drug or controlled substance without the victim's knowledge; or
1187	1187	2 (5) it results in the transmission of a serious sexually transmitted
1188	1188	3 disease and the person knew that the person was infected with the
1189	1189	4 disease.
1190	1190	5 (b) A person eighteen (18) years of age or older who, with a child
1191	1191	6 under fourteen (14) years of age, performs or submits to any fondling
1192	1192	7 or touching, of either the child or the older person, with intent to arouse
1193	1193	8 or to satisfy the sexual desires of either the child or the older person,
1194	1194	9 commits child molesting, a Level 4 felony. However, the offense is a
1195	1195	10 Level 2 felony if:
1196	1196	11 (1) it is committed by using or threatening the use of deadly force;
1197	1197	12 (2) it is committed while armed with a deadly weapon; or
1198	1198	13 (3) the commission of the offense is facilitated by furnishing the
1199	1199	14 victim, without the victim's knowledge, with a drug (as defined in
1200	1200	15 IC 16-42-19-2(1)) or a controlled substance (as defined in
1201	1201	16 IC 35-48-1-9) or knowing that the victim was furnished with the
1202	1202	17 drug or controlled substance without the victim's knowledge.
1203	1203	18 (c) A person may be convicted of attempted child molesting of an
1204	1204	19 individual at least fourteen (14) years of age if the person believed the
1205	1205	20 individual to be a child under fourteen (14) years of age at the time the
1206	1206	21 person attempted to commit the offense.
1207	1207	22 (d) It is a defense to a prosecution under this section that the
1208	1208	23 accused person reasonably believed that the child was sixteen (16)
1209	1209	24 years of age or older at the time of the conduct, unless:
1210	1210	25 (1) the offense is committed by using or threatening the use of
1211	1211	26 deadly force or while armed with a deadly weapon;
1212	1212	27 (2) the offense results in serious bodily injury; or
1213	1213	28 (3) the commission of the offense is facilitated by furnishing the
1214	1214	29 victim, without the victim's knowledge, with a drug (as defined in
1215	1215	30 IC 16-42-19-2(1)) or a controlled substance (as defined in
1216	1216	31 IC 35-48-1-9) or knowing that the victim was furnished with the
1217	1217	32 drug or controlled substance without the victim's knowledge.
1218	1218	33 (e) In addition to any other penalty imposed for a violation of this
1219	1219	34 section, the court shall order the person to pay restitution under
1220	1220	35 IC 35-50-5-3 for expenses related to pregnancy and childbirth if the
1221	1221	36 pregnancy is a result of the offense.
1222	1222	37 SECTION 29. IC 35-42-4-3.5 IS ADDED TO THE INDIANA
1223	1223	38 CODE AS A NEW SECTION TO READ AS FOLLOWS
1224	1224	39 [EFFECTIVE JULY 1, 2023]: Sec. 3.5. (a) Except as provided in
1225	1225	40 subsection (c), a person less than eighteen (18) years of age who,
1226	1226	41 with a child who is younger than the person and less than fourteen
1227	1227	42 (14) years of age, knowingly or intentionally performs or submits
1228	1228	2023 IN 410—LS 7178/DI 119 28
1229	1229	1 to sexual intercourse or other sexual conduct (as defined in
1230	1230	2 IC 35-31.5-2-221.5) commits child sexual misconduct, a Class A
1231	1231	3 misdemeanor. However, the offense is a Level 6 felony if:
1232	1232	4 (1) the person has a prior unrelated:
1233	1233	5 (A) adjudication as a delinquent child; or
1234	1234	6 (B) conviction for an offense under this section;
1235	1235	7 (2) the offense is committed by using or threatening the use of
1236	1236	8 deadly force or while armed with a deadly weapon;
1237	1237	9 (3) the offense results in serious bodily injury; or
1238	1238	10 (4) the person is four (4) or more years older than the child.
1239	1239	11 (b) A person less than eighteen (18) years of age who, with a
1240	1240	12 child who is younger than the person and less than fourteen (14)
1241	1241	13 years of age, performs or submits to any fondling or touching, of
1242	1242	14 either the person or the child, with intent to arouse or to satisfy the
1243	1243	15 sexual desires of either the person or the child, commits child
1244	1244	16 sexual misconduct, a Class B misdemeanor. However, the offense
1245	1245	17 is a Class A misdemeanor if:
1246	1246	18 (1) the person has a prior unrelated:
1247	1247	19 (A) adjudication as a delinquent child; or
1248	1248	20 (B) conviction for an offense under this section;
1249	1249	21 (2) the offense is committed by using or threatening the use of
1250	1250	22 deadly force;
1251	1251	23 (3) the offense is committed while armed with a deadly
1252	1252	24 weapon; or
1253	1253	25 (4) the person is four (4) or more years older than the child.
1254	1254	26 (c) A person less than eighteen (18) years of age who knowingly
1255	1255	27 or intentionally performs or submits to sexual intercourse or other
1256	1256	28 sexual conduct (as defined in IC 35-31.5-2-221.5) with a child who
1257	1257	29 is:
1258	1258	30 (1) at least six (6) years younger than the person; and
1259	1259	31 (2) less than twelve (12) years of age;
1260	1260	32 commits child sexual misconduct, a Level 5 felony.
1261	1261	33 SECTION 30. IC 35-50-2-3, AS AMENDED BY P.L.117-2015,
1262	1262	34 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1263	1263	35 JULY 1, 2023]: Sec. 3. (a) A person who commits murder shall be
1264	1264	36 imprisoned for a fixed term of between forty-five (45) and sixty-five
1265	1265	37 (65) years, with the advisory sentence being fifty-five (55) years. In
1266	1266	38 addition, the person may be fined not more than ten thousand dollars
1267	1267	39 ($10,000).
1268	1268	40 (b) Notwithstanding subsection (a), a person who was
1269	1269	41 (1) at least eighteen (18) years of age at the time the murder was
1270	1270	42 committed may be sentenced to:
1271	1271	2023 IN 410—LS 7178/DI 119 29
1272	1272	1 (A) (1) death; or
1273	1273	2 (B) (2) life imprisonment without parole; and
1274	1274	3 (2) at least sixteen (16) years of age but less than eighteen (18)
1275	1275	4 years of age at the time the murder was committed may be
1276	1276	5 sentenced to life imprisonment without parole;
1277	1277	6 under section 9 of this chapter unless a court determines under
1278	1278	7 IC 35-36-9 that the person is an individual with an intellectual
1279	1279	8 disability.
1280	1280	9 SECTION 31. IC 35-50-2-9, AS AMENDED BY P.L.65-2016,
1281	1281	10 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1282	1282	11 JULY 1, 2023]: Sec. 9. (a) The state may seek either a death sentence
1283	1283	12 or a sentence of life imprisonment without parole for murder by
1284	1284	13 alleging, on a page separate from the rest of the charging instrument,
1285	1285	14 the existence of at least one (1) of the aggravating circumstances listed
1286	1286	15 in subsection (b). In the sentencing hearing after a person is convicted
1287	1287	16 of murder, the state must prove beyond a reasonable doubt the
1288	1288	17 existence of at least one (1) of the aggravating circumstances alleged.
1289	1289	18 However, the state may not proceed against a defendant under this
1290	1290	19 section if a court determines at a pretrial hearing under IC 35-36-9 that
1291	1291	20 the defendant is an individual with an intellectual disability.
1292	1292	21 (b) The aggravating circumstances are as follows:
1293	1293	22 (1) The defendant committed the murder by intentionally killing
1294	1294	23 the victim while committing or attempting to commit any of the
1295	1295	24 following:
1296	1296	25 (A) Arson (IC 35-43-1-1).
1297	1297	26 (B) Burglary (IC 35-43-2-1).
1298	1298	27 (C) Child molesting (IC 35-42-4-3).
1299	1299	28 (D) Criminal deviate conduct (IC 35-42-4-2) (before its
1300	1300	29 repeal).
1301	1301	30 (E) Kidnapping (IC 35-42-3-2).
1302	1302	31 (F) Rape (IC 35-42-4-1).
1303	1303	32 (G) Robbery (IC 35-42-5-1).
1304	1304	33 (H) Carjacking (IC 35-42-5-2) (before its repeal).
1305	1305	34 (I) Criminal organization activity (IC 35-45-9-3).
1306	1306	35 (J) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
1307	1307	36 (K) Criminal confinement (IC 35-42-3-3).
1308	1308	37 (2) The defendant committed the murder by the unlawful
1309	1309	38 detonation of an explosive with intent to injure a person or
1310	1310	39 damage property.
1311	1311	40 (3) The defendant committed the murder by lying in wait.
1312	1312	41 (4) The defendant who committed the murder was hired to kill.
1313	1313	42 (5) The defendant committed the murder by hiring another person
1314	1314	2023 IN 410—LS 7178/DI 119 30
1315	1315	1 to kill.
1316	1316	2 (6) The victim of the murder was a corrections employee,
1317	1317	3 probation officer, parole officer, community corrections worker,
1318	1318	4 home detention officer, fireman, judge, or law enforcement
1319	1319	5 officer, and either:
1320	1320	6 (A) the victim was acting in the course of duty; or
1321	1321	7 (B) the murder was motivated by an act the victim performed
1322	1322	8 while acting in the course of duty.
1323	1323	9 (7) The defendant has been convicted of another murder.
1324	1324	10 (8) The defendant has committed another murder, at any time,
1325	1325	11 regardless of whether the defendant has been convicted of that
1326	1326	12 other murder.
1327	1327	13 (9) The defendant was:
1328	1328	14 (A) under the custody of the department of correction;
1329	1329	15 (B) under the custody of a county sheriff;
1330	1330	16 (C) on probation after receiving a sentence for the commission
1331	1331	17 of a felony; or
1332	1332	18 (D) on parole;
1333	1333	19 at the time the murder was committed.
1334	1334	20 (10) The defendant dismembered the victim.
1335	1335	21 (11) The defendant:
1336	1336	22 (A) burned, mutilated, or tortured the victim; or
1337	1337	23 (B) decapitated or attempted to decapitate the victim;
1338	1338	24 while the victim was alive.
1339	1339	25 (12) The victim of the murder was less than twelve (12) years of
1340	1340	26 age.
1341	1341	27 (13) The victim was a victim of any of the following offenses for
1342	1342	28 which the defendant was convicted:
1343	1343	29 (A) A battery offense included in IC 35-42-2 committed before
1344	1344	30 July 1, 2014, as a Class D felony or as a Class C felony, or a
1345	1345	31 battery offense included in IC 35-42-2 committed after June
1346	1346	32 30, 2014, as a Level 6 felony, a Level 5 felony, a Level 4
1347	1347	33 felony, or a Level 3 felony.
1348	1348	34 (B) Kidnapping (IC 35-42-3-2).
1349	1349	35 (C) Criminal confinement (IC 35-42-3-3).
1350	1350	36 (D) A sex crime under IC 35-42-4.
1351	1351	37 (14) The victim of the murder was listed by the state or known by
1352	1352	38 the defendant to be a witness against the defendant and the
1353	1353	39 defendant committed the murder with the intent to prevent the
1354	1354	40 person from testifying.
1355	1355	41 (15) The defendant committed the murder by intentionally
1356	1356	42 discharging a firearm (as defined in IC 35-47-1-5):
1357	1357	2023 IN 410—LS 7178/DI 119 31
1358	1358	1 (A) into an inhabited dwelling; or
1359	1359	2 (B) from a vehicle.
1360	1360	3 (16) The victim of the murder was pregnant and the murder
1361	1361	4 resulted in the intentional killing of a fetus that has attained
1362	1362	5 viability (as defined in IC 16-18-2-365).
1363	1363	6 (17) The defendant knowingly or intentionally:
1364	1364	7 (A) committed the murder:
1365	1365	8 (i) in a building primarily used for an educational purpose;
1366	1366	9 (ii) on school property; and
1367	1367	10 (iii) when students are present; or
1368	1368	11 (B) committed the murder:
1369	1369	12 (i) in a building or other structure owned or rented by a state
1370	1370	13 educational institution or any other public or private
1371	1371	14 postsecondary educational institution and primarily used for
1372	1372	15 an educational purpose; and
1373	1373	16 (ii) at a time when classes are in session.
1374	1374	17 (18) The murder is committed:
1375	1375	18 (A) in a building that is primarily used for religious worship;
1376	1376	19 and
1377	1377	20 (B) at a time when persons are present for religious worship or
1378	1378	21 education.
1379	1379	22 (c) The mitigating circumstances that may be considered under this
1380	1380	23 section are as follows:
1381	1381	24 (1) The defendant has no significant history of prior criminal
1382	1382	25 conduct.
1383	1383	26 (2) The defendant was under the influence of extreme mental or
1384	1384	27 emotional disturbance when the murder was committed.
1385	1385	28 (3) The victim was a participant in or consented to the defendant's
1386	1386	29 conduct.
1387	1387	30 (4) The defendant was an accomplice in a murder committed by
1388	1388	31 another person, and the defendant's participation was relatively
1389	1389	32 minor.
1390	1390	33 (5) The defendant acted under the substantial domination of
1391	1391	34 another person.
1392	1392	35 (6) The defendant's capacity to appreciate the criminality of the
1393	1393	36 defendant's conduct or to conform that conduct to the
1394	1394	37 requirements of law was substantially impaired as a result of
1395	1395	38 mental disease or defect or of intoxication.
1396	1396	39 (7) The defendant was less than eighteen (18) twenty-five (25)
1397	1397	40 years of age at the time the murder was committed.
1398	1398	41 (8) Any other circumstances appropriate for consideration.
1399	1399	42 (d) If the defendant was convicted of murder in a jury trial, the jury
1400	1400	2023 IN 410—LS 7178/DI 119 32
1401	1401	1 shall reconvene for the sentencing hearing. If the trial was to the court,
1402	1402	2 or the judgment was entered on a guilty plea, the court alone shall
1403	1403	3 conduct the sentencing hearing. The jury or the court may consider all
1404	1404	4 the evidence introduced at the trial stage of the proceedings, together
1405	1405	5 with new evidence presented at the sentencing hearing. The court shall
1406	1406	6 instruct the jury concerning the statutory penalties for murder and any
1407	1407	7 other offenses for which the defendant was convicted, the potential for
1408	1408	8 consecutive or concurrent sentencing, and the availability of
1409	1409	9 educational credit, good time credit, and clemency. The court shall
1410	1410	10 instruct the jury that, in order for the jury to recommend to the court
1411	1411	11 that the death penalty or life imprisonment without parole should be
1412	1412	12 imposed, the jury must find at least one (1) aggravating circumstance
1413	1413	13 beyond a reasonable doubt as described in subsection (l) and shall
1414	1414	14 provide a special verdict form for each aggravating circumstance
1415	1415	15 alleged. The defendant may present any additional evidence relevant
1416	1416	16 to:
1417	1417	17 (1) the aggravating circumstances alleged; or
1418	1418	18 (2) any of the mitigating circumstances listed in subsection (c).
1419	1419	19 (e) For a defendant sentenced after June 30, 2002, except as
1420	1420	20 provided by IC 35-36-9, if the hearing is by jury, the jury shall
1421	1421	21 recommend to the court whether the death penalty or life imprisonment
1422	1422	22 without parole, or neither, should be imposed. The jury may
1423	1423	23 recommend:
1424	1424	24 (1) the death penalty; or
1425	1425	25 (2) life imprisonment without parole;
1426	1426	26 only if it makes the findings described in subsection (l). If the jury
1427	1427	27 reaches a sentencing recommendation, the court shall sentence the
1428	1428	28 defendant accordingly. After a court pronounces sentence, a
1429	1429	29 representative of the victim's family and friends may present a
1430	1430	30 statement regarding the impact of the crime on family and friends. The
1431	1431	31 impact statement may be submitted in writing or given orally by the
1432	1432	32 representative. The statement shall be given in the presence of the
1433	1433	33 defendant.
1434	1434	34 (f) If a jury is unable to agree on a sentence recommendation after
1435	1435	35 reasonable deliberations, the court shall discharge the jury and proceed
1436	1436	36 as if the hearing had been to the court alone.
1437	1437	37 (g) If the hearing is to the court alone, except as provided by
1438	1438	38 IC 35-36-9, the court shall:
1439	1439	39 (1) sentence the defendant to death; or
1440	1440	40 (2) impose a term of life imprisonment without parole;
1441	1441	41 only if it makes the findings described in subsection (l).
1442	1442	42 (h) If a court sentences a defendant to death, the court shall order
1443	1443	2023 IN 410—LS 7178/DI 119 33
1444	1444	1 the defendant's execution to be carried out not later than one (1) year
1445	1445	2 and one (1) day after the date the defendant was convicted. The
1446	1446	3 supreme court has exclusive jurisdiction to stay the execution of a
1447	1447	4 death sentence. If the supreme court stays the execution of a death
1448	1448	5 sentence, the supreme court shall order a new date for the defendant's
1449	1449	6 execution.
1450	1450	7 (i) If a person sentenced to death by a court files a petition for
1451	1451	8 post-conviction relief, the court, not later than ninety (90) days after the
1452	1452	9 date the petition is filed, shall set a date to hold a hearing to consider
1453	1453	10 the petition. If a court does not, within the ninety (90) day period, set
1454	1454	11 the date to hold the hearing to consider the petition, the court's failure
1455	1455	12 to set the hearing date is not a basis for additional post-conviction
1456	1456	13 relief. The attorney general shall answer the petition for post-conviction
1457	1457	14 relief on behalf of the state. At the request of the attorney general, a
1458	1458	15 prosecuting attorney shall assist the attorney general. The court shall
1459	1459	16 enter written findings of fact and conclusions of law concerning the
1460	1460	17 petition not later than ninety (90) days after the date the hearing
1461	1461	18 concludes. However, if the court determines that the petition is without
1462	1462	19 merit, the court may dismiss the petition within ninety (90) days
1463	1463	20 without conducting a hearing under this subsection.
1464	1464	21 (j) A death sentence is subject to automatic review by the supreme
1465	1465	22 court. The review, which shall be heard under rules adopted by the
1466	1466	23 supreme court, shall be given priority over all other cases. The supreme
1467	1467	24 court's review must take into consideration all claims that the:
1468	1468	25 (1) conviction or sentence was in violation of the:
1469	1469	26 (A) Constitution of the State of Indiana; or
1470	1470	27 (B) Constitution of the United States;
1471	1471	28 (2) sentencing court was without jurisdiction to impose a
1472	1472	29 sentence; and
1473	1473	30 (3) sentence:
1474	1474	31 (A) exceeds the maximum sentence authorized by law; or
1475	1475	32 (B) is otherwise erroneous.
1476	1476	33 If the supreme court cannot complete its review by the date set by the
1477	1477	34 sentencing court for the defendant's execution under subsection (h), the
1478	1478	35 supreme court shall stay the execution of the death sentence and set a
1479	1479	36 new date to carry out the defendant's execution.
1480	1480	37 (k) A person who has been sentenced to death and who has
1481	1481	38 completed state post-conviction review proceedings may file a written
1482	1482	39 petition with the supreme court seeking to present new evidence
1483	1483	40 challenging the person's guilt or the appropriateness of the death
1484	1484	41 sentence if the person serves notice on the attorney general. The
1485	1485	42 supreme court shall determine, with or without a hearing, whether the
1486	1486	2023 IN 410—LS 7178/DI 119 34
1487	1487	1 person has presented previously undiscovered evidence that
1488	1488	2 undermines confidence in the conviction or the death sentence. If
1489	1489	3 necessary, the supreme court may remand the case to the trial court for
1490	1490	4 an evidentiary hearing to consider the new evidence and its effect on
1491	1491	5 the person's conviction and death sentence. The supreme court may not
1492	1492	6 make a determination in the person's favor nor make a decision to
1493	1493	7 remand the case to the trial court for an evidentiary hearing without
1494	1494	8 first providing the attorney general with an opportunity to be heard on
1495	1495	9 the matter.
1496	1496	10 (l) Before a sentence may be imposed under this section, the jury,
1497	1497	11 in a proceeding under subsection (e), or the court, in a proceeding
1498	1498	12 under subsection (g), must find that:
1499	1499	13 (1) the state has proved beyond a reasonable doubt that at least
1500	1500	14 one (1) of the aggravating circumstances listed in subsection (b)
1501	1501	15 exists; and
1502	1502	16 (2) any mitigating circumstances that exist are outweighed by the
1503	1503	17 aggravating circumstance or circumstances.
1504	1504	18 SECTION 32. IC 35-50-2-17, AS ADDED BY P.L.104-2013,
1505	1505	19 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1506	1506	20 JULY 1, 2023]: Sec. 17. Notwithstanding any other provision of this
1507	1507	21 chapter, if
1508	1508	22 (1) an offender is:
1509	1509	23 (A) (1) less than eighteen (18) years of age;
1510	1510	24 (B) (2) waived to a court with criminal jurisdiction under
1511	1511	25 IC 31-30-3 because the offender committed an act that would be
1512	1512	26 a felony if committed by an adult; and
1513	1513	27 (C) (3) convicted of committing the felony or enters a plea of
1514	1514	28 guilty to committing the felony; or
1515	1515	29 (2) an offender is:
1516	1516	30 (A) less than eighteen (18) years of age;
1517	1517	31 (B) charged with a felony over which a juvenile court does not
1518	1518	32 have jurisdiction under IC 31-30-1-4; and
1519	1519	33 (C) convicted of committing the felony by a court with
1520	1520	34 criminal jurisdiction or enters a plea of guilty to committing
1521	1521	35 the felony with the court;
1522	1522	36 the court may impose a sentence upon the conviction of the offender
1523	1523	37 under IC 31-30-4 concerning sentencing alternatives for certain
1524	1524	38 offenders under criminal court jurisdiction.
1525	1525	2023 IN 410—LS 7178/DI 119