Introduced Version
SENATE BILL No. 410
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-6-24; IC 11-10-2-2; IC 11-13-6-4;
IC 31-9-2-13; IC 31-30; IC 31-37; IC 31-39-3-2; IC 33-28-1-2;
IC 33-29; IC 35-38-1; IC 35-41-4-2; IC 35-42-4; IC 35-50-2.
Synopsis: Juvenile law matters. Repeals provisions providing that
juvenile courts do not have jurisdiction over juveniles charged with
certain offenses. Provides that a delinquent offender under 13 years of
age (rather than 12 years of age, under current law) or 23 years of age
or older (rather than 18 years of age or older, under current law) may
not be committed to the department of correction. Provides that a
delinquent offender's: (1) commitment to the department of correction;
or (2) parole; may extend until the offender reaches 25 years of age if
the offender has been adjudicated delinquent for an act that would have
been a Level 3 felony, a Level 2 felony, a Level 1 felony, or murder if
committed by an adult. Provides that a circuit or superior court has
original and concurrent jurisdiction over a case alleging that an
individual committed a delinquent act if: (1) the delinquent act is an act
over which the circuit or superior court would have jurisdiction if the
act had been committed by an adult; and (2) either: (A) the juvenile
courts lack jurisdiction over the case; or (B) the juvenile court waives
the case to the circuit or superior court. Provides that a juvenile court
may waive a child to adult court for prosecution for certain offenses if
the child was 16 years of age or older (rather than 14 years of age or
older, under current law) when the child allegedly committed the
offense. Provides that a juvenile court may waive a child to adult court
for prosecution for a Level 1, Level 2, Level 3, Level 4, or Level 5
felony relating to controlled substances (rather than for any felony
relating to controlled substances, under current law). Provides that a
juvenile court may waive a child to adult court for prosecution for
murder if the child was at least 14 years of age (rather than 12 years of
(Continued next page)
Effective: July 1, 2023.
Glick
January 19, 2023, read first time and referred to Committee on Corrections and Criminal
Law.
2023 IN 410—LS 7178/DI 119 Digest Continued
age, under current law), but less than 16 years of age, when the child
allegedly committed the offense. Amends the list of offenses for which
a juvenile court is required to waive a child to adult court upon motion
of the prosecutor. Amends alternative sentencing provisions, under
which a juvenile tried in adult court may be sentenced to a juvenile
facility, to: (1) provide that a juvenile sentenced under the alternative
sentencing provisions may be held in a juvenile facility until the
juvenile becomes 25 years of age; (2) provide for court review of the
juvenile's progress once the department of correction notifies the
sentencing court that the juvenile has successfully completed a
rehabilitation program or has served 18 months in the juvenile facility,
whichever comes first; and (3) provide that if, after the court review,
the court continues the juvenile's placement in a juvenile facility, the
court shall conduct a review hearing at least once every 180 days until
the objectives of the sentence have been met or the juvenile becomes
25 years of age, whichever occurs first. Provides that a child convicted
of certain offenses may not be made a ward of the department of
correction if the child is less than 13 years of age (rather than 12 years
of age, under current law) or at least 23 years of age (rather than 18
years of age, under current law) at the time the child's dispositional
decree is entered. Provides that: (1) a child who is at least 13 years of
age and commits an act that would be murder if committed by an adult
may be made a ward of the department of correction for a period that
is not longer than seven years and that does not end later than the date
the child becomes 25 years of age; and (2) a child who is at least 16
years of age and commits an act that would be one of several specified
offenses if committed by an adult may be made a ward of the
department of correction for a period that is not longer than five years
and that does not end later than the date the child becomes 25 years of
age. Provides: (1) a process under which a person convicted of an
offense committed by the person when the person was less than 18
years of age may, not less than 15 years after the date of the conviction,
petition a court for modification of the person's sentence; and (2)
conditions under which a court may grant the petition. Provides that:
(1) a person less than 18 years of age who, with a child who is younger
than the person and less than 14 years of age, knowingly or
intentionally performs or submits to sexual intercourse or other sexual
conduct commits child sexual misconduct; and (2) the offense is a
Class A misdemeanor, subject to enhancement
2023 IN 410—LS 7178/DI 1192023 IN 410—LS 7178/DI 119 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE BILL No. 410
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-6-24, AS AMENDED BY P.L.142-2018,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 24. (a) As used in this section, "criminal code
4 reform" refers to statutory provisions relating to criminal law enacted
5 by P.L.158-2013 and HEA 1006-2014.
6 (b) The institute shall monitor and evaluate criminal code reform as
7 described in this section.
8 (c) The institute shall annually gather data and analyze the impact
9 of criminal code reform on:
10 (1) local units of government;
11 (2) the department of correction; and
12 (3) the office of judicial administration.
13 (d) The institute shall prepare an annual report, in conjunction with
14 the justice reinvestment advisory council (established by
15 IC 33-38-9.5-2), containing the results of its analysis before December
2023 IN 410—LS 7178/DI 119 2
1 1 of each year. The report shall be provided to the governor, the chief
2 justice, and the legislative council. The report provided to the
3 legislative council must be in an electronic format under IC 5-14-6.
4 (e) The report required under this section must:
5 (1) include an analysis of:
6 (A) the effect of criminal code reform on:
7 (i) county jails;
8 (ii) community corrections programs;
9 (iii) probation departments; and
10 (iv) courts;
11 (B) recidivism rates;
12 (C) reentry court programs; and
13 (D) data relevant to the availability and effectiveness of mental
14 health and addiction programs for persons who are at risk of
15 entering the criminal justice system, who are in the criminal
16 justice system, and who have left the criminal justice system;
17 (2) track the number of requests for sentence modification that are
18 set for hearing by the court, including the relief granted by the
19 court, if any. The report must include whether the grant or denial
20 of a request for sentence modification was discretionary or
21 mandatory, and whether the prosecuting attorney opposed the
22 request for sentence modification, agreed to the request for
23 sentence modification, or took no position on the request for
24 sentence modification;
25 (3) track, by age and offense, the number of juveniles under the
26 jurisdiction of an adult court due to
27 (A) lack of jurisdiction under IC 31-30-1-4; or
28 (B) waiver of jurisdiction under IC 31-30-3-2 through
29 IC 31-30-3-6; and
30 (4) track the number of juveniles under the jurisdiction of adult
31 court due to a juvenile court not having jurisdiction of the cases
32 in accordance with IC 31-30-1-4, by:
33 (A) age;
34 (B) sex;
35 (C) race;
36 (D) county of prosecution;
37 (E) offenses charged;
38 (F) convictions received; and
39 (G) sentences received; and
40 (5) (4) track the number of waivers of juvenile court jurisdiction
41 granted under IC 31-30-3-2 through IC 31-30-3-6 by:
42 (A) age;
2023 IN 410—LS 7178/DI 119 3
1 (B) sex;
2 (C) race;
3 (D) charges filed in juvenile court in which a waiver was
4 sought;
5 (E) charges filed in adult court following the waiver of
6 juvenile court jurisdiction;
7 (F) county of prosecution;
8 (G) convictions received; and
9 (H) sentences received.
10 (f) All local units of government and local elected officials,
11 including sheriffs, prosecuting attorneys, judges, and county fiscal
12 bodies, shall cooperate with the institute by providing data as requested
13 by the institute.
14 (g) State agencies, including the department of correction, the
15 Indiana prosecuting attorneys council, the Indiana public defender
16 council, and the office of judicial administration, shall assist the
17 institute by providing requested data in a timely manner.
18 (h) Based on their analysis, the institute and the justice reinvestment
19 advisory council shall include recommendations to improve the
20 criminal justice system in Indiana, with particular emphasis being
21 placed on recommendations that relate to sentencing policies and
22 reform.
23 (i) The institute and the justice reinvestment advisory council shall
24 include research data relevant to their analysis and recommendations
25 in the report.
26 (j) The institute shall:
27 (1) make the data collected under subsection (e)(4) and (e)(5)
28 available to the public in an annual report, by fiscal year, due by
29 October 30 of each year;
30 (2) post the annual report required by subdivision (1) on the
31 institute's Internet web site; and
32 (3) provide a copy of the annual report required by subdivision (1)
33 to the commission on improving the status of children in Indiana
34 established by IC 2-5-36-3.
35 SECTION 2. IC 11-10-2-2 IS AMENDED TO READ AS
36 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. Except as provided
37 by section 6 of this chapter, the commitment or award of guardianship
38 of a delinquent offender to the department is governed by the
39 following:
40 (1) All commitments are to the department as opposed to a
41 specific facility. The department shall determine the facility or
42 program assignment. The initial conveyance of an offender must
2023 IN 410—LS 7178/DI 119 4
1 be to a place designated by the department.
2 (2) No offender under twelve (12) thirteen (13) years of age or
3 eighteen (18) twenty-three (23) years of age or older may be
4 committed to the department.
5 (3) No offender known to be pregnant may be committed to the
6 department.
7 SECTION 3. IC 11-13-6-4 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) An A delinquent
9 offender released on parole remains on parole until he the offender
10 reaches:
11 (1) twenty-one (21) years of age; or
12 (2) twenty-five (25) years of age if the offender was
13 adjudicated delinquent for an act that would have been a
14 Level 3 felony, a Level 2 felony, a Level 1 felony, or murder if
15 committed by an adult;
16 unless his the offender's parole is revoked or he the offender is
17 discharged before that time by the department.
18 (b) The department may discharge him a delinquent offender from
19 his the offender's commitment any time after his the offender's
20 release on parole and shall discharge him the offender when he the
21 offender reaches:
22 (1) twenty-one (21) years of age; or
23 (2) twenty-five (25) years of age if the offender was
24 adjudicated delinquent for an act that would have been a
25 Level 3 felony, a Level 2 felony, a Level 1 felony, or murder if
26 committed by an adult.
27 (b) (c) An A delinquent offender who is not on parole may be
28 unconditionally discharged by the department from his the offender's
29 commitment at any time and shall be unconditionally discharged from
30 his the offender's commitment upon reaching:
31 (1) twenty-one (21) years of age; or
32 (2) twenty-five (25) years of age if the offender was
33 adjudicated delinquent for an act that would have been a
34 Level 3 felony, a Level 2 felony, a Level 1 felony, or murder if
35 committed by an adult.
36 (c) (d) Upon discharge of an a delinquent offender from his the
37 offender's commitment under this section, the department shall certify
38 the discharge to the clerk of the committing court. Upon receipt of the
39 certification, the clerk shall make an entry on the record of judgment
40 that the commitment has been satisfied.
41 SECTION 4. IC 31-9-2-13, AS AMENDED BY P.L.243-2019,
42 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2023 IN 410—LS 7178/DI 119 5
1 JULY 1, 2023]: Sec. 13. (a) "Child", for purposes of IC 31-15, IC 31-16
2 (excluding IC 31-16-12.5), and IC 31-17, means a child or children of
3 both parties to the marriage. The term includes the following:
4 (1) Children born out of wedlock to the parties.
5 (2) Children born or adopted during the marriage of the parties.
6 (b) "Child", for purposes of the Uniform Interstate Family Support
7 Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.
8 (c) "Child", for purposes of IC 31-19-5, includes an unborn child.
9 (d) Except as otherwise provided in this section, "child", for
10 purposes of the juvenile law and IC 31-27, means:
11 (1) a person who is less than eighteen (18) years of age;
12 (2) a person:
13 (A) who is eighteen (18), nineteen (19), or twenty (20) years
14 of age; and
15 (B) who either:
16 (i) is charged with a delinquent act that would be a
17 misdemeanor, Level 6 felony, Level 5 felony, or Level 4
18 felony if committed by an adult and that the person
19 committed before the person's eighteenth birthday; or
20 (ii) has been adjudicated a child in need of services before
21 the person's eighteenth birthday; or
22 (3) a person:
23 (A) who is alleged to have committed an act that would have
24 been a Level 3 felony, a Level 2 felony, a Level 1 felony, or
25 murder if committed by an adult;
26 (B) who was less than eighteen (18) years of age at the time of
27 the alleged act; and
28 (C) who is less than twenty-one (21) twenty-five (25) years of
29 age.
30 (e) "Child", for purposes of IC 31-36-3, means a person who is less
31 than eighteen (18) years of age.
32 (f) "Child", for purposes of the Interstate Compact on Juveniles
33 under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
34 (g) "Child", for purposes of IC 31-16-12.5, means an individual to
35 whom child support is owed under:
36 (1) a child support order issued under IC 31-14-10 or IC 31-16-6;
37 or
38 (2) any other child support order that is enforceable under
39 IC 31-16-12.5.
40 (h) "Child", for purposes of IC 31-32-5, means an individual who is
41 less than eighteen (18) years of age.
42 (i) "Child", for purposes of the Uniform Child Custody Jurisdiction
2023 IN 410—LS 7178/DI 119 6
1 Act under IC 31-21, has the meaning set forth in IC 31-21-2-3.
2 (j) "Child", for purposes of IC 31-35-2-4.5, means an individual who
3 is:
4 (1) less than eighteen (18) years of age; and
5 (2) a delinquent child or a child in need of services.
6 SECTION 5. IC 31-30-1-1, AS AMENDED BY P.L.172-2022,
7 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2023]: Sec. 1. A juvenile court has exclusive original
9 jurisdiction, except as provided in sections 9, 10, 12, and 13 of this
10 chapter and IC 31-30-3-1, in the following:
11 (1) Proceedings in which a child, including a child of divorced
12 parents, is alleged to be a delinquent child under IC 31-37.
13 (2) Proceedings in which a child, including a child of divorced
14 parents, is alleged to be a child in need of services under
15 IC 31-34.
16 (3) Proceedings concerning the paternity of a child under
17 IC 31-14.
18 (4) Proceedings under the interstate compact on juveniles under
19 IC 31-37-23.
20 (5) Proceedings governing the participation of a parent, guardian,
21 or custodian in a program of care, treatment, or rehabilitation for
22 a child under IC 31-34-20 or IC 31-37-15.
23 (6) Proceedings under IC 31-34-4, IC 31-34-5, IC 31-37-5, and
24 IC 31-37-6 governing the detention of a child before a petition has
25 been filed.
26 (7) Proceedings to issue a protective order under IC 31-32-13.
27 (8) Proceedings in which a child less than sixteen (16) years of
28 age is alleged to have committed an act that would be a
29 misdemeanor traffic offense if committed by an adult.
30 (9) Proceedings in which a child is alleged to have committed an
31 act that would be an offense under IC 9-30-5 if committed by an
32 adult.
33 (10) Guardianship of the person proceedings for a child:
34 (A) who has been adjudicated as a child in need of services;
35 (B) for whom a juvenile court has approved a permanency
36 plan under IC 31-34-21-7 that provides for the appointment of
37 a guardian of the person; and
38 (C) who is the subject of a pending child in need of services
39 proceeding under IC 31-34.
40 (11) Proceedings concerning involuntary drug and alcohol
41 treatment under IC 31-32-16.
42 (12) Proceedings under the interstate compact for juveniles under
2023 IN 410—LS 7178/DI 119 7
1 IC 11-13-4.5-1.5.
2 (13) Proceedings under IC 31-28-5.8.
3 (14) Other proceedings specified by law.
4 SECTION 6. IC 31-30-1-4 IS REPEALED [EFFECTIVE JULY 1,
5 2023]. Sec. 4. (a) The juvenile court does not have jurisdiction over an
6 individual for an alleged violation of:
7 (1) IC 35-41-5-1(a) (attempted murder);
8 (2) IC 35-42-1-1 (murder);
9 (3) IC 35-42-3-2 (kidnapping);
10 (4) IC 35-42-4-1 (rape);
11 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
12 (6) IC 35-42-5-1 (robbery) if:
13 (A) the robbery was committed while armed with a deadly
14 weapon; or
15 (B) the robbery results in bodily injury or serious bodily
16 injury;
17 (7) IC 35-42-5-2 (carjacking) (before its repeal);
18 (8) IC 35-47-2-1.5 (unlawful carrying of a handgun), if charged
19 as a felony;
20 (9) IC 35-47-10 (children and firearms), if charged as a felony; or
21 (10) any offense that may be joined under IC 35-34-1-9(a)(2) with
22 any crime listed in this subsection;
23 if the individual was at least sixteen (16) years of age but less than
24 eighteen (18) years of age at the time of the alleged violation.
25 (b) Once an individual described in subsection (a) has been charged
26 with any offense listed in subsection (a), the court having adult
27 criminal jurisdiction shall retain jurisdiction over the case if the
28 individual pleads guilty to or is convicted of any offense listed in
29 subsection (a)(1) through (a)(9).
30 (c) If:
31 (1) an individual described in subsection (a) is charged with one
32 (1) or more offenses listed in subsection (a);
33 (2) all the charges under subsection (a)(1) through (a)(9) resulted
34 in an acquittal or were dismissed; and
35 (3) the individual pleads guilty to or is convicted of any offense
36 other than an offense listed in subsection (a)(1) through (a)(9);
37 the court having adult criminal jurisdiction may withhold judgment and
38 transfer jurisdiction to the juvenile court for adjudication and
39 disposition. In determining whether to transfer jurisdiction to the
40 juvenile court for adjudication and disposition, the court having adult
41 criminal jurisdiction shall consider whether there are appropriate
42 services available in the juvenile justice system, whether the child is
2023 IN 410—LS 7178/DI 119 8
1 amenable to rehabilitation under the juvenile justice system, and
2 whether it is in the best interests of the safety and welfare of the
3 community that the child be transferred to juvenile court. All orders
4 concerning release conditions remain in effect until a juvenile court
5 detention hearing, which must be held not later than forty-eight (48)
6 hours, excluding Saturdays, Sundays, and legal holidays, after the order
7 of transfer of jurisdiction.
8 SECTION 7. IC 31-30-1-11 IS AMENDED TO READ AS
9 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) Except:
10 (1) as provided in section 9 of this chapter; or
11 (2) with respect to a case over which:
12 (A) a circuit court has jurisdiction under IC 33-28-1-2; or
13 (B) a superior court has jurisdiction under IC 33-29-1-1.5
14 or IC 33-29-1.5-2;
15 if a court having criminal jurisdiction determines that a defendant is
16 alleged to have committed a crime before the defendant is eighteen
17 (18) years of age, the court shall immediately transfer the case, together
18 with certified copies of all papers, documents, and testimony, to the
19 juvenile court. The juvenile court shall proceed as if it had received a
20 referral under IC 31-37-8.
21 (b) Upon transferring a case to a juvenile court under subsection
22 (a), the court having criminal jurisdiction shall release the child on the
23 child's own recognizance or to the child's parent, guardian, or custodian
24 upon that person's written promise to bring the child before the juvenile
25 court at a specified time. However, the court may order the child
26 detained if the court finds probable cause to believe that the child
27 committed an act that would be a crime if committed by an adult and
28 that:
29 (1) the child is unlikely to appear before the juvenile court for
30 subsequent proceedings;
31 (2) detention is essential to protect the child or the community;
32 (3) the parent, guardian, or custodian:
33 (A) cannot be located; or
34 (B) is unable or unwilling to take custody of the child; or
35 (4) the child has a reasonable basis for requesting that he or she
36 not be released.
37 If the child is detained for a reason specified by subdivision (3) or (4),
38 the child must be detained in accordance with IC 31-37-7-1.
39 (c) If the a child is not released, detained under subsection (b), the
40 child shall be delivered to a place designated by the juvenile court. The
41 court having criminal jurisdiction shall promptly notify the child's
42 parent, guardian, or custodian and an intake officer of where the child
2023 IN 410—LS 7178/DI 119 9
1 is being held and the reasons for the child's detention.
2 (d) A child transferred to the juvenile court under this section (or
3 IC 31-6-2-2 before its repeal) may not be released on bail.
4 SECTION 8. IC 31-30-3-1 IS AMENDED TO READ AS
5 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) Waiver of
6 jurisdiction refers to an order of the juvenile court that waives the case
7 to a court that would have jurisdiction had the act been committed by
8 an adult. Waiver is for the offense charged and all included offenses.
9 (b) A:
10 (1) circuit court has jurisdiction under IC 33-28-1-2 over a
11 case waived to the circuit court under this chapter; and
12 (2) superior court has jurisdiction under IC 33-29-1-1.5 or
13 IC 33-29-1.5-2, as applicable, over a case waived to the
14 superior court under this chapter.
15 SECTION 9. IC 31-30-3-2, AS AMENDED BY P.L.67-2008,
16 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2023]: Sec. 2. Upon motion of the prosecuting attorney and
18 after full investigation and hearing, the juvenile court may waive
19 jurisdiction if it finds that:
20 (1) the child is charged with an act that is a felony:
21 (A) that is heinous or aggravated, with greater weight given to
22 acts against the person than to acts against property; or
23 (B) that is a part of a repetitive pattern of delinquent acts, even
24 though less serious;
25 (2) the child was at least fourteen (14) sixteen (16) years of age
26 when the act charged was allegedly committed;
27 (3) there is probable cause to believe that the child committed the
28 act;
29 (4) the child is beyond rehabilitation under the juvenile justice
30 system; and
31 (5) it is in the best interests of the safety and welfare of the
32 community that the child stand trial as an adult.
33 SECTION 10. IC 31-30-3-3 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. Upon motion of the
35 prosecuting attorney and after a full investigation and a hearing, the
36 court may waive jurisdiction if it finds that:
37 (1) the child is charged with an act that, if committed by an adult,
38 would be a Level 1 felony, Level 2 felony, Level 3 felony, Level
39 4 felony, or Level 5 felony under IC 35-48-4;
40 (2) there is probable cause to believe that the child has committed
41 the act;
42 (3) the child was at least sixteen (16) years of age when the act
2023 IN 410—LS 7178/DI 119 10
1 was allegedly committed; and
2 (4) it is in the best interests of the safety and the welfare of the
3 community for the child to stand trial as an adult.
4 SECTION 11. IC 31-30-3-4, AS AMENDED BY P.L.187-2015,
5 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2023]: Sec. 4. Upon motion of the prosecuting attorney and
7 after full investigation and hearing, the juvenile court shall may waive
8 jurisdiction if it finds that:
9 (1) the child is charged with an act that would be murder if
10 committed by an adult;
11 (2) there is probable cause to believe that the child has committed
12 the act; and
13 (3) the child was at least twelve (12) fourteen (14) years of age,
14 but less than sixteen (16) years of age, when the act charged was
15 allegedly committed; and
16 (4) unless it would be is in the best interests of the child and of
17 the safety and welfare of the community for the child to remain
18 within the juvenile justice system. stand trial as an adult.
19 SECTION 12. IC 31-30-3-5, AS AMENDED BY P.L.158-2013,
20 SECTION 316, IS AMENDED TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2023]: Sec. 5. Except for those cases in which
22 the juvenile court has no jurisdiction in accordance with IC 31-30-1-4,
23 The court shall, upon motion of the prosecuting attorney and after full
24 investigation and hearing, waive jurisdiction if it finds that:
25 (1) the child is charged with an act that, if committed by an adult,
26 would be:
27 (A) a Level 1 felony, Level 2 felony, Level 3 felony, or Level
28 4 felony, except a felony defined by IC 35-48-4;
29 (B) involuntary manslaughter as a Level 5 felony under
30 IC 35-42-1-4; or
31 (C) reckless homicide as a Level 5 felony under IC 35-42-1-5;
32 (A) IC 35-41-5-1(a) (attempted murder);
33 (B) IC 35-42-1-1 (murder);
34 (C) IC 35-42-3-2 (kidnapping) if the kidnapping:
35 (i) is committed while armed with a deadly weapon;
36 (ii) results in serious bodily injury;
37 (iii) is committed with the intent to obtain ransom;
38 (iv) is committed while hijacking a vehicle;
39 (v) is committed with the intent to obtain the release, or
40 the intent to aid in the escape, of any person from lawful
41 incarceration or detention; or
42 (vi) is committed with the intent to use the kidnapped
2023 IN 410—LS 7178/DI 119 11
1 person as a human shield or hostage;
2 (D) IC 35-42-4-1 (rape); or
3 (E) IC 35-42-5-1 (robbery) if the robbery:
4 (i) is committed while armed with a deadly weapon; or
5 (ii) results in bodily injury or serious bodily injury;
6 (2) there is probable cause to believe that the child has committed
7 the act; and
8 (3) the child was at least sixteen (16) years of age when the act
9 charged was allegedly committed;
10 unless it would be in the best interests of the child and of the safety and
11 welfare of the community for the child to remain within the juvenile
12 justice system.
13 SECTION 13. IC 31-30-4-1, AS ADDED BY P.L.104-2013,
14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2023]: Sec. 1. This chapter applies to the following:
16 (1) An offender who:
17 (A) is less than eighteen (18) years of age;
18 (B) (A) has been waived to a court with criminal jurisdiction
19 under IC 31-30-3; and
20 (C) (B) is charged as an adult offender.
21 (2) An offender who
22 (A) is less than eighteen (18) years of age; and
23 (B) does is not come under the jurisdiction of a juvenile court
24 because the offender is was charged with an offense listed in
25 IC 31-30-1-4 (before its repeal).
26 SECTION 14. IC 31-30-4-2, AS AMENDED BY P.L.168-2014,
27 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2023]: Sec. 2. (a) Subject to subsection (c), if:
29 (1) an offender is:
30 (A) less than eighteen (18) years of age;
31 (B) (A) waived to a court with criminal jurisdiction under
32 IC 31-30-3 because the offender committed an act that would
33 be a felony if committed by an adult; and
34 (C) (B) convicted of committing the felony or enters a plea of
35 guilty to committing the felony; or
36 (2) an offender is:
37 (A) less than eighteen (18) years of age;
38 (B) (A) charged with a felony over which a juvenile court does
39 not have jurisdiction under IC 31-30-1-4 (before its repeal);
40 and
41 (C) (B) convicted of committing the felony by a court with
42 criminal jurisdiction or enters a plea of guilty to committing
2023 IN 410—LS 7178/DI 119 12
1 the felony with the court;
2 the court may, upon its own motion, a motion of the prosecuting
3 attorney, or a motion of the offender's legal representative, impose a
4 sentence upon the conviction of the offender under this chapter.
5 (b) If a court elects to impose a sentence upon conviction of an
6 offender under subsection (a) and, before the offender is sentenced, the
7 department of correction determines that there is space available for the
8 offender in a juvenile facility of the division of youth services of the
9 department, the sentencing court may:
10 (1) impose an appropriate criminal sentence on the offender under
11 IC 35-50-2;
12 (2) suspend the criminal sentence imposed, notwithstanding
13 IC 35-50-2-2 (before its repeal), IC 35-50-2-2.1, and
14 IC 35-50-2-2.2;
15 (3) order the offender to be placed into the custody of the
16 department of correction to be placed in the juvenile facility of the
17 division of youth services; and
18 (4) provide that the successful completion of the placement of the
19 offender in the juvenile facility is a condition of the suspended
20 criminal sentence.
21 (c) The court may not impose a sentence on an offender under
22 subsection (a) until:
23 (1) the prosecuting attorney has notified the victim of the felony
24 of the possible imposition of a sentence on the offender under this
25 chapter; and
26 (2) either:
27 (A) the probation department of the court has conducted a
28 presentence investigation concerning the offender and reported
29 its findings to the court; or
30 (B) the department of correction has conducted a diagnostic
31 evaluation of the offender and reported its findings to the
32 court.
33 SECTION 15. IC 31-30-4-5, AS AMENDED BY P.L.168-2014,
34 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2023]: Sec. 5. (a) At the request of a sentencing court, the
36 department of correction shall provide a progress report to the
37 sentencing court concerning an offender sentenced and placed in a
38 juvenile facility under section 2(b) of this chapter. When the offender
39 becomes eighteen (18) years of age: has successfully completed a
40 rehabilitation program or has served eighteen (18) months in the
41 juvenile facility, whichever comes first:
42 (1) the department shall notify the sentencing court; and
2023 IN 410—LS 7178/DI 119 13
1 (2) the sentencing court shall hold a review hearing concerning
2 the offender before the offender becomes nineteen (19) years of
3 age. not later than ninety (90) days after receiving the notice
4 under subdivision (1).
5 (b) Except as provided in subsection (c), After a hearing conducted
6 under subsection (a), the sentencing court may:
7 (1) continue the offender's placement in a juvenile facility until
8 the objectives of the sentence imposed on the offender have been
9 met, if the sentencing court finds that the objectives of the
10 sentence imposed on the offender have not been met;
11 (2) discharge the offender if the sentencing court finds that the
12 objectives of the sentence imposed on the offender have been
13 met;
14 (3) order execution of all or part of the offender's suspended
15 criminal sentence in an adult facility of the department of
16 correction; or
17 (4) place the offender:
18 (A) in home detention under IC 35-38-2.5;
19 (B) in a community corrections program under IC 35-38-2.6;
20 (C) on probation under IC 35-50-7; or
21 (D) in any other appropriate alternative sentencing program.
22 (c) This subsection applies to an offender over whom a juvenile
23 court lacks jurisdiction under IC 31-30-1-4 who is convicted of one (1)
24 or more of the following offenses:
25 (1) Murder (IC 35-42-1-1).
26 (2) Attempted murder (IC 35-41-5-1).
27 (3) Kidnapping (IC 35-42-3-2).
28 (4) Rape as a Class A felony (for a crime committed before July
29 1, 2014) or a Level 1 felony (for a crime committed after June 30,
30 2014) (IC 35-42-4-1(b)).
31 (5) Criminal deviate conduct as a Class A felony (IC
32 35-42-4-2(b)) (before its repeal).
33 (6) Robbery as a Class A felony (for a crime committed before
34 July 1, 2014) or a Level 2 felony (for a crime committed after
35 June 30, 2014) (IC 35-42-5-1), if:
36 (A) the offense was committed while armed with a deadly
37 weapon; and
38 (B) the offense resulted in bodily injury to any person other
39 than a defendant.
40 The court may not modify the original sentence of an offender to whom
41 this subsection applies if the prosecuting attorney objects in writing to
42 the modification. The prosecuting attorney shall set forth in writing the
2023 IN 410—LS 7178/DI 119 14
1 prosecuting attorney's reasons for objecting to the sentence
2 modification.
3 (c) If the sentencing court continues the offender's placement in
4 a juvenile facility after the hearing conducted under subsection (a),
5 the sentencing court shall conduct a review hearing at least once
6 every one hundred eighty (180) days until:
7 (1) the objectives of the sentence imposed on the offender have
8 been met; or
9 (2) the offender becomes twenty-five (25) years of age;
10 whichever occurs first.
11 SECTION 16. IC 31-30-4-6, AS ADDED BY P.L.104-2013,
12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2023]: Sec. 6. (a) At any time before an offender placed in a
14 juvenile facility under section 2(b) of this chapter becomes twenty-one
15 (21) twenty-five (25) years of age, the department of correction may
16 transfer the offender to an adult facility if the department of correction
17 believes the offender is a safety or security risk to:
18 (1) the other offenders or the staff at the juvenile facility; or
19 (2) the public.
20 (b) If the department of correction transfers an offender to an adult
21 facility under this section, the department shall notify the sentencing
22 court of the circumstances of the transfer.
23 SECTION 17. IC 31-37-1-2, AS AMENDED BY P.L.84-2021,
24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2023]: Sec. 2. A child commits a delinquent act if, before
26 becoming eighteen (18) years of age, the child commits an act:
27 (1) that would be an offense if committed by an adult;
28 (2) in violation of IC 35-45-4-6 (indecent display by a youth);
29 or
30 (3) in violation of IC 35-47-10-5 (dangerous possession and
31 unlawful transfer of a firearm); or
32 (4) in violation of IC 35-42-4-3.5 (child sexual misconduct);
33 except an act committed by a person over which the juvenile court
34 lacks jurisdiction under IC 31-30-1.
35 SECTION 18. IC 31-37-19-7 IS AMENDED TO READ AS
36 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) With respect to
37 a wardship awarded under section 6(b)(2)(A) of this chapter, a child
38 may not be awarded to the department of correction, if the child:
39 (1) except as provided by subsection (b), is:
40 (A) less than twelve (12) thirteen (13) years of age; or
41 (B) at least eighteen (18) twenty-three (23) years of age;
42 at the time of the dispositional decree; or
2023 IN 410—LS 7178/DI 119 15
1 (2) was determined to be a delinquent child because the child
2 violated IC 7.1-5-7.
3 (b) A wardship may be awarded to the department of correction if
4 the child:
5 (1) is ten (10) or eleven (11) years of age; and
6 (2) is found to have committed an act that would have been
7 murder if committed by an adult.
8 (c) (b) The department of correction may not confine a delinquent
9 child, except as provided in IC 11-10-2-10, at:
10 (1) an adult correctional facility; or
11 (2) a shelter care facility;
12 that houses persons charged with, imprisoned for, or incarcerated for
13 crimes unless the child is restricted to an area of the facility where the
14 child may have not more than haphazard or incidental sight or sound
15 contact with persons charged with, imprisoned for, or incarcerated for
16 crimes.
17 SECTION 19. IC 31-37-19-9, AS AMENDED BY P.L.214-2013,
18 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2023]: Sec. 9. (a) This section applies if a child is a delinquent
20 child under IC 31-37-1.
21 (b) (a) After a juvenile court makes a determination under
22 IC 11-8-8-5, the juvenile court may, in addition to an order under
23 section 6 of this chapter, and If the a child:
24 (1) is at least thirteen (13) years of age; and less than sixteen (16)
25 years of age; and
26 (2) committed an act that, if committed by an adult, would be
27 (A) murder; (IC 35-42-1-1);
28 (B) kidnapping (IC 35-42-3-2);
29 (C) rape (IC 35-42-4-1);
30 (D) criminal deviate conduct (IC 35-42-4-2) (repealed); or
31 (E) robbery (IC 35-42-5-1) if the robbery was committed while
32 armed with a deadly weapon or if the robbery resulted in
33 bodily injury or serious bodily injury;
34 the juvenile court may, in addition to an order under section 6 of
35 this chapter, order wardship of the child to the department of
36 correction for a fixed period that is not longer than seven (7) years and
37 that does not end later than the date the child becomes eighteen (18)
38 twenty-five (25) years of age, subject to IC 11-10-2-10.
39 (b) If a child:
40 (1) is at least sixteen (16) years of age; and
41 (2) committed an act that, if committed by an adult, would be:
42 (A) IC 35-41-5-1(a) (attempted murder);
2023 IN 410—LS 7178/DI 119 16
1 (B) IC 35-42-3-2 (kidnapping) if the kidnapping:
2 (i) is committed while armed with a deadly weapon;
3 (ii) results in serious bodily injury;
4 (iii) is committed with the intent to obtain ransom;
5 (iv) is committed while hijacking a vehicle;
6 (v) is committed with the intent to obtain the release, or
7 the intent to aid in the escape, of any person from lawful
8 incarceration or detention; or
9 (vi) is committed with the intent to use the kidnapped
10 person as a human shield or hostage;
11 (C) IC 35-42-4-1 (rape); or
12 (D) IC 35-42-5-1 (robbery) if the robbery:
13 (i) is committed while armed with a deadly weapon; or
14 (ii) results in bodily injury or serious bodily injury;
15 the juvenile court may, in addition to an order under section 6 of
16 this chapter, order wardship of the child to the department of
17 correction for a fixed period that is not longer than five (5) years
18 and that does not end later than the date the child becomes
19 twenty-five (25) years of age, subject to IC 11-10-2-10.
20 (c) Notwithstanding IC 11-10-2-5, the department of correction may
21 not reduce the period ordered under this section (or
22 IC 31-6-4-15.9(b)(8) before its repeal).
23 SECTION 20. IC 31-37-19-10, AS AMENDED BY P.L.158-2013,
24 SECTION 331, IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) This section applies to a
26 child who:
27 (1) is adjudicated a delinquent child for an act that if committed
28 by an adult would be:
29 (A) a felony against a person;
30 (B) a Level 1, Level 2, Level 3, or Level 4 felony that is a
31 controlled substances offense under IC 35-48-4-1 through
32 IC 35-48-4-5; or
33 (C) burglary as a Level 1, Level 2, Level 3, or Level 4 felony
34 under IC 35-43-2-1;
35 (2) is at least fourteen (14) years of age at the time the child
36 committed the act for which the child is being placed; and
37 (3) has two (2) unrelated prior adjudications of delinquency for
38 acts that each of which would be felonies a felony if committed
39 by an adult.
40 (b) A court may place the child in a facility authorized under this
41 chapter for not more than two (2) years.
42 (c) Notwithstanding IC 11-10-2-5, the department of correction may
2023 IN 410—LS 7178/DI 119 17
1 not reduce the period ordered under this section (or IC 31-6-4-15.9(n)
2 before its repeal).
3 SECTION 21. IC 31-39-3-2, AS AMENDED BY P.L.86-2022,
4 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2023]: Sec. 2. Except for information listed in
6 IC 5-14-3-4(a)(1) through IC 5-14-3-4(a)(15), the following
7 information contained in records involving allegations of delinquency
8 that would be a crime if committed by an adult is considered public
9 information:
10 (1) The nature of the offense allegedly committed and the
11 circumstances immediately surrounding the alleged offense,
12 including the time, location, and property involved.
13 (2) The identity of any victim.
14 (3) A description of the method of apprehension.
15 (4) Any instrument of physical force used.
16 (5) The identity of any officers assigned to the investigation,
17 except for the undercover units.
18 (6) The age and sex of any child apprehended or sought for the
19 alleged commission of the offense.
20 (7) The identity of a child, if the child is apprehended or sought
21 for the alleged commission of:
22 (A) an offense over which a juvenile court does not have
23 jurisdiction under IC 31-30-1-2; and IC 31-30-1-4; or
24 (B) an act specified under IC 31-30-3-3.
25 SECTION 22. IC 33-28-1-2, AS AMENDED BY P.L.195-2019,
26 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2023]: Sec. 2. (a) All circuit courts have:
28 (1) original and concurrent jurisdiction in all civil cases and in all
29 criminal cases;
30 (2) original and concurrent jurisdiction over a case alleging
31 that an individual committed a delinquent act under IC 31-37
32 if:
33 (A) the delinquent act is an act over which the circuit court
34 would have jurisdiction if the act had been committed by
35 an adult; and
36 (B) either:
37 (i) the juvenile courts lack jurisdiction over the case
38 under IC 31-30-1; or
39 (ii) the juvenile court waives the case to the circuit court
40 under IC 31-30-3;
41 (2) (3) original and concurrent jurisdiction with the superior
42 courts in all user fee cases;
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1 (3) (4) de novo appellate jurisdiction of appeals from city and
2 town courts; and
3 (4) (5) in Marion County, de novo appellate jurisdiction of
4 appeals from township small claims courts established under
5 IC 33-34.
6 (b) The circuit court also has the appellate jurisdiction that may be
7 conferred by law upon it.
8 SECTION 23. IC 33-29-1-1.5, AS AMENDED BY P.L.195-2019,
9 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2023]: Sec. 1.5. All standard superior courts have:
11 (1) original and concurrent jurisdiction in all civil cases and in all
12 criminal cases;
13 (2) original and concurrent jurisdiction over a case alleging
14 that an individual committed a delinquent act under IC 31-37
15 if:
16 (A) the delinquent act is an act over which the superior
17 court would have jurisdiction if the act had been
18 committed by an adult; and
19 (B) either:
20 (i) the juvenile courts lack jurisdiction over the case
21 under IC 31-30-1; or
22 (ii) the juvenile court waives the case to the superior
23 court under IC 31-30-3;
24 (2) (3) original and concurrent jurisdiction with the circuit courts
25 in all user fee cases;
26 (3) (4) de novo appellate jurisdiction of appeals from city and
27 town courts; and
28 (4) (5) in Marion County, de novo appellate jurisdiction of
29 appeals from township small claims courts established under
30 IC 33-34.
31 SECTION 24. IC 33-29-1.5-2, AS AMENDED BY P.L.195-2019,
32 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2023]: Sec. 2. All superior courts have:
34 (1) original and concurrent jurisdiction in all civil cases and in all
35 criminal cases;
36 (2) original and concurrent jurisdiction over a case alleging
37 that an individual committed a delinquent act under IC 31-37
38 if:
39 (A) the delinquent act is an act over which the superior
40 court would have jurisdiction if the act had been
41 committed by an adult; and
42 (B) either:
2023 IN 410—LS 7178/DI 119 19
1 (i) the juvenile courts lack jurisdiction over the case
2 under IC 31-30-1; or
3 (ii) the juvenile court waives the case to the superior
4 court under IC 31-30-3;
5 (2) (3) original and concurrent jurisdiction with the circuit courts
6 in all user fee cases;
7 (3) (4) de novo appellate jurisdiction of appeals from city and
8 town courts; and
9 (4) (5) in Marion County, de novo appellate jurisdiction of
10 appeals from township small claims courts established under
11 IC 33-34.
12 SECTION 25. IC 35-38-1-17, AS AMENDED BY P.L.45-2018,
13 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2023]: Sec. 17. (a) Notwithstanding IC 1-1-5.5-21, this section
15 applies to a person:
16 (1) who:
17 (1) (A) commits an offense; or
18 (2) (B) is sentenced;
19 before July 1, 2014; and
20 (2) who was eighteen (18) years of age or older at the time of
21 the offense.
22 (b) This section does not apply to a credit restricted felon.
23 (c) Except as provided in subsections (k) and (m), this section does
24 not apply to a violent criminal.
25 (d) As used in this section, "violent criminal" means a person
26 convicted of any of the following offenses:
27 (1) Murder (IC 35-42-1-1).
28 (2) Attempted murder (IC 35-41-5-1).
29 (3) Voluntary manslaughter (IC 35-42-1-3).
30 (4) Involuntary manslaughter (IC 35-42-1-4).
31 (5) Reckless homicide (IC 35-42-1-5).
32 (6) Aggravated battery (IC 35-42-2-1.5).
33 (7) Kidnapping (IC 35-42-3-2).
34 (8) Rape (IC 35-42-4-1).
35 (9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
36 (10) Child molesting (IC 35-42-4-3).
37 (11) Sexual misconduct with a minor as a Class A felony under
38 IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2)
39 (for a crime committed before July 1, 2014) or sexual misconduct
40 with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a
41 Level 2 felony under IC 35-42-4-9(b)(2) (for a crime committed
42 after June 30, 2014).
2023 IN 410—LS 7178/DI 119 20
1 (12) Robbery as a Class A felony or a Class B felony (IC
2 35-42-5-1) (for a crime committed before July 1, 2014) or robbery
3 as a Level 2 felony or a Level 3 felony (IC 35-42-5-1) (for a crime
4 committed after June 30, 2014).
5 (13) Burglary as Class A felony or a Class B felony (IC
6 35-43-2-1) (for a crime committed before July 1, 2014) or
7 burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or
8 Level 4 felony (IC 35-43-2-1) (for a crime committed after June
9 30, 2014).
10 (14) Unlawful possession of a firearm by a serious violent felon
11 (IC 35-47-4-5).
12 (e) At any time after:
13 (1) a convicted person begins serving the person's sentence; and
14 (2) the court obtains a report from the department of correction
15 concerning the convicted person's conduct while imprisoned;
16 the court may reduce or suspend the sentence and impose a sentence
17 that the court was authorized to impose at the time of sentencing.
18 However, if the convicted person was sentenced under the terms of a
19 plea agreement, the court may not, without the consent of the
20 prosecuting attorney, reduce or suspend the sentence and impose a
21 sentence not authorized by the plea agreement. The court must
22 incorporate its reasons in the record.
23 (f) If the court sets a hearing on a petition under this section, the
24 court must give notice to the prosecuting attorney and the prosecuting
25 attorney must give notice to the victim (as defined in IC 35-31.5-2-348)
26 of the crime for which the convicted person is serving the sentence.
27 (g) The court may suspend a sentence for a felony under this section
28 only if suspension is permitted under IC 35-50-2-2.2.
29 (h) The court may deny a request to suspend or reduce a sentence
30 under this section without making written findings and conclusions.
31 (i) The court is not required to conduct a hearing before reducing or
32 suspending a sentence under this section if:
33 (1) the prosecuting attorney has filed with the court an agreement
34 of the reduction or suspension of the sentence; and
35 (2) the convicted person has filed with the court a waiver of the
36 right to be present when the order to reduce or suspend the
37 sentence is considered.
38 (j) This subsection applies only to a convicted person who is not a
39 violent criminal. A convicted person who is not a violent criminal may
40 file a petition for sentence modification under this section:
41 (1) not more than one (1) time in any three hundred sixty-five
42 (365) day period; and
2023 IN 410—LS 7178/DI 119 21
1 (2) a maximum of two (2) times during any consecutive period of
2 incarceration;
3 without the consent of the prosecuting attorney.
4 (k) This subsection applies to a convicted person who is a violent
5 criminal. A convicted person who is a violent criminal may, not later
6 than three hundred sixty-five (365) days from the date of sentencing,
7 file one (1) petition for sentence modification under this section
8 without the consent of the prosecuting attorney. After the elapse of the
9 three hundred sixty-five (365) day period, a violent criminal may not
10 file a petition for sentence modification without the consent of the
11 prosecuting attorney.
12 (l) A person may not waive the right to sentence modification under
13 this section as part of a plea agreement. Any purported waiver of the
14 right to sentence modification under this section in a plea agreement is
15 invalid and unenforceable as against public policy. This subsection
16 does not prohibit the finding of a waiver of the right to:
17 (1) have a court modify a sentence and impose a sentence not
18 authorized by the plea agreement, as described under subsection
19 (e); or
20 (2) sentence modification for any other reason, including failure
21 to comply with the provisions of this section.
22 (m) Notwithstanding subsection (k), a person who commits an
23 offense after June 30, 2014, and before May 15, 2015, may file one (1)
24 petition for sentence modification without the consent of the
25 prosecuting attorney, even if the person has previously filed a petition
26 for sentence modification.
27 SECTION 26. IC 35-38-1-17.1 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2023]: Sec. 17.1. (a) Notwithstanding any
30 other law to the contrary, a person convicted of an offense
31 committed by the person:
32 (1) when the person was less than eighteen (18) years of age;
33 and
34 (2) before, on, or after July 1, 2023;
35 may, not less than fifteen (15) years after the date of the conviction,
36 petition a court under this section for modification of the person's
37 sentence for the offense.
38 (b) If a petition under subsection (a) contains a verified
39 statement that the petitioner is indigent and desires the
40 appointment of counsel for purposes of the petitioner's request for
41 sentence modification, the court shall appoint counsel to represent
42 the petitioner in seeking the sentence modification.
2023 IN 410—LS 7178/DI 119 22
1 (c) A court with which a petition under subsection (a) is filed
2 shall transmit a copy of the petition to the prosecuting attorney.
3 The prosecuting attorney shall, not later than thirty (30) days after
4 receiving the petition, send notice of:
5 (1) the filing of the petition; and
6 (2) the rights of victims under Article 1, Section 13 of the
7 Constitution of the State of Indiana and IC 35-40;
8 to any victims of the offense for which the petitioner is seeking
9 sentence modification.
10 (d) The court with which a petition under subsection (a) is filed
11 shall conduct a hearing on the petition not later than ninety (90)
12 days after the petition is filed. At the hearing, the court shall
13 consider the following factors in deciding whether to grant the
14 petition:
15 (1) Whether the petitioner has substantially complied with the
16 rules of the institution in which the petitioner has been
17 confined, taking into consideration the age of the petitioner at
18 the time of any violations of the institution's rules.
19 (2) The nature of the offense and the history and
20 characteristics of the petitioner.
21 (3) Any statement offered by a victim, or representative of a
22 victim, of the offense.
23 (4) Any reports regarding a physical, mental, or behavioral
24 examination of the petitioner conducted by a health
25 professional.
26 (5) Influences that may have contributed to the petitioner's
27 behavior at the time of the offense, including a history of
28 trauma, neglect, abuse, or involvement in the child welfare
29 system.
30 (6) The role of the petitioner in the offense, and the extent to
31 which the petitioner's commission of the offense was
32 influenced by others.
33 (7) The diminished capacity of a juvenile as compared to an
34 adult, including an inability to fully appreciate risks and
35 consequences at the time of an offense.
36 (8) Any other consideration the court finds relevant.
37 (e) If, based on the court's consideration of the factors described
38 in subsection (d), the court finds that:
39 (1) the petitioner is not a danger to the public; and
40 (2) it is in the interest of justice to reduce or modify the
41 petitioner's sentence;
42 the court shall modify the petitioner's sentence.
2023 IN 410—LS 7178/DI 119 23
1 (f) A court shall issue the court's decision under subsection (e)
2 in a writing that sets forth the basis for the decision, including a
3 brief explanation of the court's reasoning with respect to the
4 relevant factors under subsection (d).
5 (g) If a court:
6 (1) denies a petition filed under this section; or
7 (2) reduces or modifies the petitioner's sentence in such a
8 manner that the offender remains confined five (5) years after
9 the reduction or modification;
10 the petitioner may file another petition under this section.
11 (h) An individual may file no more than three (3) petitions
12 under this section, not including any amendments made to a
13 petition filed under this section before the court issues an order on
14 the petition.
15 (i) A court's decision denying a petition under this section is
16 appealable for abuse of discretion.
17 SECTION 27. IC 35-41-4-2, AS AMENDED BY P.L.31-2020,
18 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2023]: Sec. 2. (a) Except as otherwise provided in this section,
20 a prosecution for an offense is barred unless it is commenced:
21 (1) within five (5) years after the commission of the offense, in
22 the case of a Class B, Class C, or Class D felony (for a crime
23 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
24 Level 6 felony (for a crime committed after June 30, 2014); or
25 (2) within two (2) years after the commission of the offense, in the
26 case of a misdemeanor.
27 (b) A prosecution for a Class B or Class C felony (for a crime
28 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
29 (for a crime committed after June 30, 2014) that would otherwise be
30 barred under this section may be commenced within one (1) year after
31 the earlier of the date on which the state:
32 (1) first discovers evidence sufficient to charge the offender with
33 the offense through DNA (deoxyribonucleic acid) analysis; or
34 (2) could have discovered evidence sufficient to charge the
35 offender with the offense through DNA (deoxyribonucleic acid)
36 analysis by the exercise of due diligence.
37 (c) Except as provided in subsection (e), a prosecution for a Class
38 A felony (for a crime committed before July 1, 2014) or a Level 1
39 felony or Level 2 felony (for a crime committed after June 30, 2014)
40 may be commenced at any time.
41 (d) A prosecution for murder may be commenced:
42 (1) at any time; and
2023 IN 410—LS 7178/DI 119 24
1 (2) regardless of the amount of time that passes between:
2 (A) the date a person allegedly commits the elements of
3 murder; and
4 (B) the date the alleged victim of the murder dies.
5 (e) Except as provided in subsection (p), a prosecution for the
6 following offenses is barred unless commenced before the date that the
7 alleged victim of the offense reaches thirty-one (31) years of age:
8 (1) IC 35-42-4-3 (Child molesting).
9 (2) IC 35-42-4-3.5 (Child sexual misconduct).
10 (2) (3) IC 35-42-4-5 (Vicarious sexual gratification).
11 (3) (4) IC 35-42-4-6 (Child solicitation).
12 (4) (5) IC 35-42-4-7 (Child seduction).
13 (5) (6) IC 35-42-4-9 (Sexual misconduct with a minor).
14 (6) (7) IC 35-46-1-3 (Incest).
15 (f) A prosecution for forgery of an instrument for payment of
16 money, or for the uttering of a forged instrument, under IC 35-43-5-2,
17 is barred unless it is commenced within five (5) years after the maturity
18 of the instrument.
19 (g) If a complaint, indictment, or information is dismissed because
20 of an error, defect, insufficiency, or irregularity, a new prosecution may
21 be commenced within ninety (90) days after the dismissal even if the
22 period of limitation has expired at the time of dismissal, or will expire
23 within ninety (90) days after the dismissal.
24 (h) The period within which a prosecution must be commenced does
25 not include any period in which:
26 (1) the accused person is not usually and publicly resident in
27 Indiana or so conceals himself or herself that process cannot be
28 served;
29 (2) the accused person conceals evidence of the offense, and
30 evidence sufficient to charge the person with that offense is
31 unknown to the prosecuting authority and could not have been
32 discovered by that authority by exercise of due diligence; or
33 (3) the accused person is a person elected or appointed to office
34 under statute or constitution, if the offense charged is theft or
35 conversion of public funds or bribery while in public office.
36 (i) For purposes of tolling the period of limitation only, a
37 prosecution is considered commenced on the earliest of these dates:
38 (1) The date of filing of an indictment, information, or complaint
39 before a court having jurisdiction.
40 (2) The date of issuance of a valid arrest warrant.
41 (3) The date of arrest of the accused person by a law enforcement
42 officer without a warrant, if the officer has authority to make the
2023 IN 410—LS 7178/DI 119 25
1 arrest.
2 (j) A prosecution is considered timely commenced for any offense
3 to which the defendant enters a plea of guilty, notwithstanding that the
4 period of limitation has expired.
5 (k) The following apply to the specified offenses:
6 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
7 funeral trust funds) is barred unless commenced within five (5)
8 years after the date of death of the settlor (as described in
9 IC 30-2-9).
10 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
11 of funeral trust funds) is barred unless commenced within five (5)
12 years after the date of death of the settlor (as described in
13 IC 30-2-10).
14 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
15 of funeral trust or escrow account funds) is barred unless
16 commenced within five (5) years after the date of death of the
17 purchaser (as defined in IC 30-2-13-9).
18 (l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
19 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
20 years after the earlier of the date on which the state:
21 (1) first discovers evidence sufficient to charge the offender with
22 the offense; or
23 (2) could have discovered evidence sufficient to charge the
24 offender with the offense by the exercise of due diligence.
25 (m) A prosecution for a sex offense listed in IC 11-8-8-4.5 that is
26 committed against a child and that is not:
27 (1) a Class A felony (for a crime committed before July 1, 2014)
28 or a Level 1 felony or Level 2 felony (for a crime committed after
29 June 30, 2014); or
30 (2) listed in subsection (e);
31 is barred unless commenced within ten (10) years after the commission
32 of the offense, or within four (4) years after the person ceases to be a
33 dependent of the person alleged to have committed the offense,
34 whichever occurs later.
35 (n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
36 crime committed before July 1, 2014) or as a Level 3 felony (for a
37 crime committed after June 30, 2014) that would otherwise be barred
38 under this section may be commenced not later than five (5) years after
39 the earlier of the date on which:
40 (1) the state first discovers evidence sufficient to charge the
41 offender with the offense through DNA (deoxyribonucleic acid)
42 analysis;
2023 IN 410—LS 7178/DI 119 26
1 (2) the state first becomes aware of the existence of a recording
2 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
3 to charge the offender with the offense; or
4 (3) a person confesses to the offense.
5 (o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
6 (repealed) as a Class B felony for a crime committed before July 1,
7 2014, that would otherwise be barred under this section may be
8 commenced not later than five (5) years after the earliest of the date on
9 which:
10 (1) the state first discovers evidence sufficient to charge the
11 offender with the offense through DNA (deoxyribonucleic acid)
12 analysis;
13 (2) the state first becomes aware of the existence of a recording
14 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
15 to charge the offender with the offense; or
16 (3) a person confesses to the offense.
17 (p) A prosecution for an offense described in subsection (e) that
18 would otherwise be barred under this section may be commenced not
19 later than five (5) years after the earliest of the date on which:
20 (1) the state first discovers evidence sufficient to charge the
21 offender with the offense through DNA (deoxyribonucleic acid)
22 analysis;
23 (2) the state first becomes aware of the existence of a recording
24 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
25 to charge the offender with the offense; or
26 (3) a person confesses to the offense.
27 SECTION 28. IC 35-42-4-3, AS AMENDED BY P.L.78-2022,
28 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2023]: Sec. 3. (a) A person eighteen (18) years of age or
30 older who, with a child under fourteen (14) years of age, knowingly or
31 intentionally performs or submits to sexual intercourse or other sexual
32 conduct (as defined in IC 35-31.5-2-221.5) commits child molesting,
33 a Level 3 felony. However, the offense is a Level 1 felony if:
34 (1) it is committed by a person at least twenty-one (21) years of
35 age;
36 (2) it is committed by using or threatening the use of deadly force
37 or while armed with a deadly weapon;
38 (3) it results in serious bodily injury;
39 (4) the commission of the offense is facilitated by furnishing the
40 victim, without the victim's knowledge, with a drug (as defined in
41 IC 16-42-19-2(1)) or a controlled substance (as defined in
42 IC 35-48-1-9) or knowing that the victim was furnished with the
2023 IN 410—LS 7178/DI 119 27
1 drug or controlled substance without the victim's knowledge; or
2 (5) it results in the transmission of a serious sexually transmitted
3 disease and the person knew that the person was infected with the
4 disease.
5 (b) A person eighteen (18) years of age or older who, with a child
6 under fourteen (14) years of age, performs or submits to any fondling
7 or touching, of either the child or the older person, with intent to arouse
8 or to satisfy the sexual desires of either the child or the older person,
9 commits child molesting, a Level 4 felony. However, the offense is a
10 Level 2 felony if:
11 (1) it is committed by using or threatening the use of deadly force;
12 (2) it is committed while armed with a deadly weapon; or
13 (3) the commission of the offense is facilitated by furnishing the
14 victim, without the victim's knowledge, with a drug (as defined in
15 IC 16-42-19-2(1)) or a controlled substance (as defined in
16 IC 35-48-1-9) or knowing that the victim was furnished with the
17 drug or controlled substance without the victim's knowledge.
18 (c) A person may be convicted of attempted child molesting of an
19 individual at least fourteen (14) years of age if the person believed the
20 individual to be a child under fourteen (14) years of age at the time the
21 person attempted to commit the offense.
22 (d) It is a defense to a prosecution under this section that the
23 accused person reasonably believed that the child was sixteen (16)
24 years of age or older at the time of the conduct, unless:
25 (1) the offense is committed by using or threatening the use of
26 deadly force or while armed with a deadly weapon;
27 (2) the offense results in serious bodily injury; or
28 (3) the commission of the offense is facilitated by furnishing the
29 victim, without the victim's knowledge, with a drug (as defined in
30 IC 16-42-19-2(1)) or a controlled substance (as defined in
31 IC 35-48-1-9) or knowing that the victim was furnished with the
32 drug or controlled substance without the victim's knowledge.
33 (e) In addition to any other penalty imposed for a violation of this
34 section, the court shall order the person to pay restitution under
35 IC 35-50-5-3 for expenses related to pregnancy and childbirth if the
36 pregnancy is a result of the offense.
37 SECTION 29. IC 35-42-4-3.5 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2023]: Sec. 3.5. (a) Except as provided in
40 subsection (c), a person less than eighteen (18) years of age who,
41 with a child who is younger than the person and less than fourteen
42 (14) years of age, knowingly or intentionally performs or submits
2023 IN 410—LS 7178/DI 119 28
1 to sexual intercourse or other sexual conduct (as defined in
2 IC 35-31.5-2-221.5) commits child sexual misconduct, a Class A
3 misdemeanor. However, the offense is a Level 6 felony if:
4 (1) the person has a prior unrelated:
5 (A) adjudication as a delinquent child; or
6 (B) conviction for an offense under this section;
7 (2) the offense is committed by using or threatening the use of
8 deadly force or while armed with a deadly weapon;
9 (3) the offense results in serious bodily injury; or
10 (4) the person is four (4) or more years older than the child.
11 (b) A person less than eighteen (18) years of age who, with a
12 child who is younger than the person and less than fourteen (14)
13 years of age, performs or submits to any fondling or touching, of
14 either the person or the child, with intent to arouse or to satisfy the
15 sexual desires of either the person or the child, commits child
16 sexual misconduct, a Class B misdemeanor. However, the offense
17 is a Class A misdemeanor if:
18 (1) the person has a prior unrelated:
19 (A) adjudication as a delinquent child; or
20 (B) conviction for an offense under this section;
21 (2) the offense is committed by using or threatening the use of
22 deadly force;
23 (3) the offense is committed while armed with a deadly
24 weapon; or
25 (4) the person is four (4) or more years older than the child.
26 (c) A person less than eighteen (18) years of age who knowingly
27 or intentionally performs or submits to sexual intercourse or other
28 sexual conduct (as defined in IC 35-31.5-2-221.5) with a child who
29 is:
30 (1) at least six (6) years younger than the person; and
31 (2) less than twelve (12) years of age;
32 commits child sexual misconduct, a Level 5 felony.
33 SECTION 30. IC 35-50-2-3, AS AMENDED BY P.L.117-2015,
34 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2023]: Sec. 3. (a) A person who commits murder shall be
36 imprisoned for a fixed term of between forty-five (45) and sixty-five
37 (65) years, with the advisory sentence being fifty-five (55) years. In
38 addition, the person may be fined not more than ten thousand dollars
39 ($10,000).
40 (b) Notwithstanding subsection (a), a person who was
41 (1) at least eighteen (18) years of age at the time the murder was
42 committed may be sentenced to:
2023 IN 410—LS 7178/DI 119 29
1 (A) (1) death; or
2 (B) (2) life imprisonment without parole; and
3 (2) at least sixteen (16) years of age but less than eighteen (18)
4 years of age at the time the murder was committed may be
5 sentenced to life imprisonment without parole;
6 under section 9 of this chapter unless a court determines under
7 IC 35-36-9 that the person is an individual with an intellectual
8 disability.
9 SECTION 31. IC 35-50-2-9, AS AMENDED BY P.L.65-2016,
10 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2023]: Sec. 9. (a) The state may seek either a death sentence
12 or a sentence of life imprisonment without parole for murder by
13 alleging, on a page separate from the rest of the charging instrument,
14 the existence of at least one (1) of the aggravating circumstances listed
15 in subsection (b). In the sentencing hearing after a person is convicted
16 of murder, the state must prove beyond a reasonable doubt the
17 existence of at least one (1) of the aggravating circumstances alleged.
18 However, the state may not proceed against a defendant under this
19 section if a court determines at a pretrial hearing under IC 35-36-9 that
20 the defendant is an individual with an intellectual disability.
21 (b) The aggravating circumstances are as follows:
22 (1) The defendant committed the murder by intentionally killing
23 the victim while committing or attempting to commit any of the
24 following:
25 (A) Arson (IC 35-43-1-1).
26 (B) Burglary (IC 35-43-2-1).
27 (C) Child molesting (IC 35-42-4-3).
28 (D) Criminal deviate conduct (IC 35-42-4-2) (before its
29 repeal).
30 (E) Kidnapping (IC 35-42-3-2).
31 (F) Rape (IC 35-42-4-1).
32 (G) Robbery (IC 35-42-5-1).
33 (H) Carjacking (IC 35-42-5-2) (before its repeal).
34 (I) Criminal organization activity (IC 35-45-9-3).
35 (J) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
36 (K) Criminal confinement (IC 35-42-3-3).
37 (2) The defendant committed the murder by the unlawful
38 detonation of an explosive with intent to injure a person or
39 damage property.
40 (3) The defendant committed the murder by lying in wait.
41 (4) The defendant who committed the murder was hired to kill.
42 (5) The defendant committed the murder by hiring another person
2023 IN 410—LS 7178/DI 119 30
1 to kill.
2 (6) The victim of the murder was a corrections employee,
3 probation officer, parole officer, community corrections worker,
4 home detention officer, fireman, judge, or law enforcement
5 officer, and either:
6 (A) the victim was acting in the course of duty; or
7 (B) the murder was motivated by an act the victim performed
8 while acting in the course of duty.
9 (7) The defendant has been convicted of another murder.
10 (8) The defendant has committed another murder, at any time,
11 regardless of whether the defendant has been convicted of that
12 other murder.
13 (9) The defendant was:
14 (A) under the custody of the department of correction;
15 (B) under the custody of a county sheriff;
16 (C) on probation after receiving a sentence for the commission
17 of a felony; or
18 (D) on parole;
19 at the time the murder was committed.
20 (10) The defendant dismembered the victim.
21 (11) The defendant:
22 (A) burned, mutilated, or tortured the victim; or
23 (B) decapitated or attempted to decapitate the victim;
24 while the victim was alive.
25 (12) The victim of the murder was less than twelve (12) years of
26 age.
27 (13) The victim was a victim of any of the following offenses for
28 which the defendant was convicted:
29 (A) A battery offense included in IC 35-42-2 committed before
30 July 1, 2014, as a Class D felony or as a Class C felony, or a
31 battery offense included in IC 35-42-2 committed after June
32 30, 2014, as a Level 6 felony, a Level 5 felony, a Level 4
33 felony, or a Level 3 felony.
34 (B) Kidnapping (IC 35-42-3-2).
35 (C) Criminal confinement (IC 35-42-3-3).
36 (D) A sex crime under IC 35-42-4.
37 (14) The victim of the murder was listed by the state or known by
38 the defendant to be a witness against the defendant and the
39 defendant committed the murder with the intent to prevent the
40 person from testifying.
41 (15) The defendant committed the murder by intentionally
42 discharging a firearm (as defined in IC 35-47-1-5):
2023 IN 410—LS 7178/DI 119 31
1 (A) into an inhabited dwelling; or
2 (B) from a vehicle.
3 (16) The victim of the murder was pregnant and the murder
4 resulted in the intentional killing of a fetus that has attained
5 viability (as defined in IC 16-18-2-365).
6 (17) The defendant knowingly or intentionally:
7 (A) committed the murder:
8 (i) in a building primarily used for an educational purpose;
9 (ii) on school property; and
10 (iii) when students are present; or
11 (B) committed the murder:
12 (i) in a building or other structure owned or rented by a state
13 educational institution or any other public or private
14 postsecondary educational institution and primarily used for
15 an educational purpose; and
16 (ii) at a time when classes are in session.
17 (18) The murder is committed:
18 (A) in a building that is primarily used for religious worship;
19 and
20 (B) at a time when persons are present for religious worship or
21 education.
22 (c) The mitigating circumstances that may be considered under this
23 section are as follows:
24 (1) The defendant has no significant history of prior criminal
25 conduct.
26 (2) The defendant was under the influence of extreme mental or
27 emotional disturbance when the murder was committed.
28 (3) The victim was a participant in or consented to the defendant's
29 conduct.
30 (4) The defendant was an accomplice in a murder committed by
31 another person, and the defendant's participation was relatively
32 minor.
33 (5) The defendant acted under the substantial domination of
34 another person.
35 (6) The defendant's capacity to appreciate the criminality of the
36 defendant's conduct or to conform that conduct to the
37 requirements of law was substantially impaired as a result of
38 mental disease or defect or of intoxication.
39 (7) The defendant was less than eighteen (18) twenty-five (25)
40 years of age at the time the murder was committed.
41 (8) Any other circumstances appropriate for consideration.
42 (d) If the defendant was convicted of murder in a jury trial, the jury
2023 IN 410—LS 7178/DI 119 32
1 shall reconvene for the sentencing hearing. If the trial was to the court,
2 or the judgment was entered on a guilty plea, the court alone shall
3 conduct the sentencing hearing. The jury or the court may consider all
4 the evidence introduced at the trial stage of the proceedings, together
5 with new evidence presented at the sentencing hearing. The court shall
6 instruct the jury concerning the statutory penalties for murder and any
7 other offenses for which the defendant was convicted, the potential for
8 consecutive or concurrent sentencing, and the availability of
9 educational credit, good time credit, and clemency. The court shall
10 instruct the jury that, in order for the jury to recommend to the court
11 that the death penalty or life imprisonment without parole should be
12 imposed, the jury must find at least one (1) aggravating circumstance
13 beyond a reasonable doubt as described in subsection (l) and shall
14 provide a special verdict form for each aggravating circumstance
15 alleged. The defendant may present any additional evidence relevant
16 to:
17 (1) the aggravating circumstances alleged; or
18 (2) any of the mitigating circumstances listed in subsection (c).
19 (e) For a defendant sentenced after June 30, 2002, except as
20 provided by IC 35-36-9, if the hearing is by jury, the jury shall
21 recommend to the court whether the death penalty or life imprisonment
22 without parole, or neither, should be imposed. The jury may
23 recommend:
24 (1) the death penalty; or
25 (2) life imprisonment without parole;
26 only if it makes the findings described in subsection (l). If the jury
27 reaches a sentencing recommendation, the court shall sentence the
28 defendant accordingly. After a court pronounces sentence, a
29 representative of the victim's family and friends may present a
30 statement regarding the impact of the crime on family and friends. The
31 impact statement may be submitted in writing or given orally by the
32 representative. The statement shall be given in the presence of the
33 defendant.
34 (f) If a jury is unable to agree on a sentence recommendation after
35 reasonable deliberations, the court shall discharge the jury and proceed
36 as if the hearing had been to the court alone.
37 (g) If the hearing is to the court alone, except as provided by
38 IC 35-36-9, the court shall:
39 (1) sentence the defendant to death; or
40 (2) impose a term of life imprisonment without parole;
41 only if it makes the findings described in subsection (l).
42 (h) If a court sentences a defendant to death, the court shall order
2023 IN 410—LS 7178/DI 119 33
1 the defendant's execution to be carried out not later than one (1) year
2 and one (1) day after the date the defendant was convicted. The
3 supreme court has exclusive jurisdiction to stay the execution of a
4 death sentence. If the supreme court stays the execution of a death
5 sentence, the supreme court shall order a new date for the defendant's
6 execution.
7 (i) If a person sentenced to death by a court files a petition for
8 post-conviction relief, the court, not later than ninety (90) days after the
9 date the petition is filed, shall set a date to hold a hearing to consider
10 the petition. If a court does not, within the ninety (90) day period, set
11 the date to hold the hearing to consider the petition, the court's failure
12 to set the hearing date is not a basis for additional post-conviction
13 relief. The attorney general shall answer the petition for post-conviction
14 relief on behalf of the state. At the request of the attorney general, a
15 prosecuting attorney shall assist the attorney general. The court shall
16 enter written findings of fact and conclusions of law concerning the
17 petition not later than ninety (90) days after the date the hearing
18 concludes. However, if the court determines that the petition is without
19 merit, the court may dismiss the petition within ninety (90) days
20 without conducting a hearing under this subsection.
21 (j) A death sentence is subject to automatic review by the supreme
22 court. The review, which shall be heard under rules adopted by the
23 supreme court, shall be given priority over all other cases. The supreme
24 court's review must take into consideration all claims that the:
25 (1) conviction or sentence was in violation of the:
26 (A) Constitution of the State of Indiana; or
27 (B) Constitution of the United States;
28 (2) sentencing court was without jurisdiction to impose a
29 sentence; and
30 (3) sentence:
31 (A) exceeds the maximum sentence authorized by law; or
32 (B) is otherwise erroneous.
33 If the supreme court cannot complete its review by the date set by the
34 sentencing court for the defendant's execution under subsection (h), the
35 supreme court shall stay the execution of the death sentence and set a
36 new date to carry out the defendant's execution.
37 (k) A person who has been sentenced to death and who has
38 completed state post-conviction review proceedings may file a written
39 petition with the supreme court seeking to present new evidence
40 challenging the person's guilt or the appropriateness of the death
41 sentence if the person serves notice on the attorney general. The
42 supreme court shall determine, with or without a hearing, whether the
2023 IN 410—LS 7178/DI 119 34
1 person has presented previously undiscovered evidence that
2 undermines confidence in the conviction or the death sentence. If
3 necessary, the supreme court may remand the case to the trial court for
4 an evidentiary hearing to consider the new evidence and its effect on
5 the person's conviction and death sentence. The supreme court may not
6 make a determination in the person's favor nor make a decision to
7 remand the case to the trial court for an evidentiary hearing without
8 first providing the attorney general with an opportunity to be heard on
9 the matter.
10 (l) Before a sentence may be imposed under this section, the jury,
11 in a proceeding under subsection (e), or the court, in a proceeding
12 under subsection (g), must find that:
13 (1) the state has proved beyond a reasonable doubt that at least
14 one (1) of the aggravating circumstances listed in subsection (b)
15 exists; and
16 (2) any mitigating circumstances that exist are outweighed by the
17 aggravating circumstance or circumstances.
18 SECTION 32. IC 35-50-2-17, AS ADDED BY P.L.104-2013,
19 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2023]: Sec. 17. Notwithstanding any other provision of this
21 chapter, if
22 (1) an offender is:
23 (A) (1) less than eighteen (18) years of age;
24 (B) (2) waived to a court with criminal jurisdiction under
25 IC 31-30-3 because the offender committed an act that would be
26 a felony if committed by an adult; and
27 (C) (3) convicted of committing the felony or enters a plea of
28 guilty to committing the felony; or
29 (2) an offender is:
30 (A) less than eighteen (18) years of age;
31 (B) charged with a felony over which a juvenile court does not
32 have jurisdiction under IC 31-30-1-4; and
33 (C) convicted of committing the felony by a court with
34 criminal jurisdiction or enters a plea of guilty to committing
35 the felony with the court;
36 the court may impose a sentence upon the conviction of the offender
37 under IC 31-30-4 concerning sentencing alternatives for certain
38 offenders under criminal court jurisdiction.
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