IN
Indiana Senate Bill SB0415

Indiana 2023 Regular Session

Indiana Senate Bill SB0415 Compare Versions

OldNewDifferences
1+*ES0415.1*
2+March 30, 2023
3+ENGROSSED
4+SENATE BILL No. 415
5+_____
6+DIGEST OF SB 415 (Updated March 29, 2023 3:05 pm - DI 106)
7+Citations Affected: IC 31-30.5; IC 31-37; IC 35-33.
8+Synopsis: Juveniles. Provides that a statement made by a juvenile
9+during custodial interrogation in response to a materially false
10+statement from a law enforcement officer is inadmissible against the
11+juvenile unless certain exceptions apply. Requires, unless certain
12+circumstances exist, that a law enforcement officer who arrests or takes
13+into custody a child on school property or at a school-sponsored
14+activity must notify or request a school administrator to notify the
15+child's: (1) parent or guardian; or (2) emergency contact.
16+Effective: July 1, 2023.
17+Pol Jr., Freeman, Breaux
18+(HOUSE SPONSORS — STEUERWALD, GORE, MOSELEY, BOY)
19+January 19, 2023, read first time and referred to Committee on Corrections and Criminal
20+Law.
21+February 23, 2023, amended, reported favorably — Do Pass.
22+February 27, 2023, read second time, ordered engrossed. Engrossed.
23+February 28, 2023, read third time, passed. Yeas 48, nays 0.
24+HOUSE ACTION
25+March 6, 2023, read first time and referred to Committee on Courts and Criminal Code.
26+March 30, 2023, amended, reported — Do Pass.
27+ES 415—LS 7193/DI 119 March 30, 2023
128 First Regular Session of the 123rd General Assembly (2023)
229 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
330 Constitution) is being amended, the text of the existing provision will appear in this style type,
431 additions will appear in this style type, and deletions will appear in this style type.
532 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
633 provision adopted), the text of the new provision will appear in this style type. Also, the
734 word NEW will appear in that style type in the introductory clause of each SECTION that adds
835 a new provision to the Indiana Code or the Indiana Constitution.
936 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1037 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 415
12-AN ACT to amend the Indiana Code concerning family law and
13-juvenile law.
38+ENGROSSED
39+SENATE BILL No. 415
40+A BILL FOR AN ACT to amend the Indiana Code concerning
41+family law and juvenile law.
1442 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 31-30.5-1-6 IS ADDED TO THE INDIANA CODE
16-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17-1, 2023]: Sec. 6. (a) Except as provided in subsection (b), a
18-statement that is made by a juvenile during a custodial
19-interrogation is inadmissible against the juvenile in a criminal or
20-juvenile proceeding, if:
21-(1) the statement concerns an act:
22-(A) that was allegedly committed by the juvenile when the
23-juvenile was less than eighteen (18) years of age; and
24-(B) that:
25-(i) would be a felony or misdemeanor offense if
26-committed by an adult; or
27-(ii) is an offense under IC 35-45-4-6 or IC 35-47-10-5;
28-and
29-(2) the statement is made by the juvenile in response to a law
30-enforcement officer or school resource officer who
31-communicates to the juvenile:
32-(A) materially false information regarding evidence
33-relating to the act; or
34-(B) a materially false statement regarding:
35-(i) the penalty for the act; or
36-SEA 415 — Concur 2
37-(ii) leniency in the imposition of a penalty for the act.
38-(b) This section does not apply:
39-(1) if the law enforcement officer or school resource officer
40-communicates materially false information or a materially
41-false statement with a reasonable good faith belief that the
42-information was true at the time it was communicated to the
43-juvenile; or
44-(2) to any evidence discovered as a result of the juvenile's
45-statement.
46-SECTION 2. IC 31-37-4-3.5 IS ADDED TO THE INDIANA CODE
47-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
48-1, 2023]: Sec. 3.5. (a) This section does not apply to an emancipated
49-minor.
43+1 SECTION 1. IC 31-30.5-1-6 IS ADDED TO THE INDIANA CODE
44+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
45+3 1, 2023]: Sec. 6. (a) Except as provided in subsection (b), a
46+4 statement that is made by a juvenile during a custodial
47+5 interrogation is inadmissible against the juvenile in a criminal or
48+6 juvenile proceeding, if:
49+7 (1) the statement concerns an act:
50+8 (A) that was allegedly committed by the juvenile when the
51+9 juvenile was less than eighteen (18) years of age; and
52+10 (B) that:
53+11 (i) would be a felony or misdemeanor offense if
54+12 committed by an adult; or
55+13 (ii) is an offense under IC 35-45-4-6 or IC 35-47-10-5;
56+14 and
57+15 (2) the statement is made by the juvenile in response to a law
58+16 enforcement officer or school resource officer who
59+17 communicates to the juvenile:
60+18 (A) materially false information regarding evidence
61+ES 415—LS 7193/DI 119 2
62+1 relating to the act; or
63+2 (B) a materially false statement regarding:
64+3 (i) the penalty for the act; or
65+4 (ii) leniency in the imposition of a penalty for the act.
66+5 (b) This section does not apply:
67+6 (1) if the law enforcement officer or school resource officer
68+7 communicates materially false information or a materially
69+8 false statement with a reasonable good faith belief that the
70+9 information was true at the time it was communicated to the
71+10 juvenile; or
72+11 (2) to any evidence discovered as a result of the juvenile's
73+12 statement.
74+13 SECTION 2. IC 31-37-4-3.5 IS ADDED TO THE INDIANA CODE
75+14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
76+15 1, 2023]: Sec. 3.5. (a) This section does not apply to an emancipated
77+16 minor.
78+17 (b) This section does not apply if:
79+18 (1) there is a medical emergency involving the child described
80+19 in subsection (c); or
81+20 (2) there is an ongoing emergency or concern for student
82+21 safety.
83+22 (c) This section applies if a law enforcement officer arrests or
84+23 takes into custody a child less than eighteen (18) years of age for
85+24 allegedly committing a delinquent or criminal act on school
86+25 property or at a school-sponsored activity.
87+26 (d) A law enforcement officer who arrests a child or takes a
88+27 child into custody as described in subsection (c) shall make a
89+28 reasonable attempt to notify, or request a school administrator to
90+29 make a reasonable attempt to notify:
91+30 (1) the child's parent, guardian, or custodian; or
92+31 (2) if the arrest or taking into custody occurs during school
93+32 hours, the emergency contact listed on the child's school
94+33 record;
95+34 that the child has been arrested or taken into custody.
96+35 (e) A law enforcement agency shall inform its law enforcement
97+36 officers concerning the notification requirements under this
98+37 section.
99+38 SECTION 3. IC 35-33-1-1, AS AMENDED BY P.L.175-2022,
100+39 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
101+40 JULY 1, 2023]: Sec. 1. (a) A law enforcement officer may arrest a
102+41 person when the officer has:
103+42 (1) a warrant commanding that the person be arrested;
104+ES 415—LS 7193/DI 119 3
105+1 (2) probable cause to believe the person has committed or
106+2 attempted to commit, or is committing or attempting to commit,
107+3 a felony;
108+4 (3) probable cause to believe the person has violated the
109+5 provisions of IC 9-26-1-1.1 or IC 9-30-5;
110+6 (4) probable cause to believe the person is committing or
111+7 attempting to commit a misdemeanor in the officer's presence;
112+8 (5) probable cause to believe the person has committed a:
113+9 (A) battery resulting in bodily injury under IC 35-42-2-1; or
114+10 (B) domestic battery under IC 35-42-2-1.3.
115+11 The officer may use an affidavit executed by an individual alleged
116+12 to have direct knowledge of the incident alleging the elements of
117+13 the offense of battery to establish probable cause;
118+14 (6) probable cause to believe that the person violated
119+15 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
120+16 (7) probable cause to believe that the person violated
121+17 IC 35-47-2-1.5 (unlawful carrying of a handgun) or IC 35-47-2-22
122+18 (counterfeit handgun license);
123+19 (8) probable cause to believe that the person is violating or has
124+20 violated an order issued under IC 35-50-7;
125+21 (9) probable cause to believe that the person is violating or has
126+22 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
127+23 device);
128+24 (10) probable cause to believe that the person is:
129+25 (A) violating or has violated IC 35-45-2-5 (interference with
130+26 the reporting of a crime); and
131+27 (B) interfering with or preventing the reporting of a crime
132+28 involving domestic or family violence (as defined in
133+29 IC 34-6-2-34.5);
134+30 (11) probable cause to believe that the person has committed theft
135+31 (IC 35-43-4-2);
136+32 (12) a removal order issued for the person by an immigration
137+33 court;
138+34 (13) a detainer or notice of action for the person issued by the
139+35 United States Department of Homeland Security; or
140+36 (14) probable cause to believe that the person has been indicted
141+37 for or convicted of one (1) or more aggravated felonies (as
142+38 defined in 8 U.S.C. 1101(a)(43)).
143+39 (b) A person who:
144+40 (1) is employed full time as a federal enforcement officer;
145+41 (2) is empowered to effect an arrest with or without warrant for a
146+42 violation of the United States Code; and
147+ES 415—LS 7193/DI 119 4
148+1 (3) is authorized to carry firearms in the performance of the
149+2 person's duties;
150+3 may act as an officer for the arrest of offenders against the laws of this
151+4 state where the person reasonably believes that a felony has been or is
152+5 about to be committed or attempted in the person's presence.
153+6 (c) A law enforcement officer who arrests a child or takes a
154+7 child into custody as described in IC 31-37-4-3.5 shall make a
155+8 reasonable attempt to notify:
156+9 (1) the child's parent, guardian, or custodian; or
157+10 (2) the emergency contact listed on the child's school record;
158+11 that the child has been arrested or taken into custody.
159+ES 415—LS 7193/DI 119 5
160+COMMITTEE REPORT
161+Madam President: The Senate Committee on Corrections and
162+Criminal Law, to which was referred Senate Bill No. 415, has had the
163+same under consideration and begs leave to report the same back to the
164+Senate with the recommendation that said bill be AMENDED as
165+follows:
166+Page 1, line 16, delete "act;" and insert "act, unless at the time the
167+officer communicated the false information, the officer had a
168+reasonable good faith belief that the information was true;".
169+Page 1, line 17, delete "or unauthorized".
170+Page 2, between lines 2 and 3, begin a new line double block
171+indented and insert:
172+"unless at the time the officer communicated the false
173+statement, the officer had a reasonable good faith belief
174+that the information was true;".
175+Page 2, after line 4, begin a new paragraph and insert:
176+"SECTION 2. IC 31-37-4-3.5 IS ADDED TO THE INDIANA
177+CODE AS A NEW SECTION TO READ AS FOLLOWS
178+[EFFECTIVE JULY 1, 2023]: Sec. 3.5. (a) This section does not
179+apply to an emancipated minor.
50180 (b) This section does not apply if:
51181 (1) there is a medical emergency involving the child described
52182 in subsection (c); or
53183 (2) there is an ongoing emergency or concern for student
54184 safety.
55185 (c) This section applies if a law enforcement officer arrests or
56186 takes into custody a child less than eighteen (18) years of age for
57187 allegedly committing a delinquent or criminal act on school
58188 property or at a school-sponsored activity.
59189 (d) A law enforcement officer who arrests a child or takes a
60190 child into custody as described in subsection (c) shall make a
61-reasonable attempt to notify, or request a school administrator to
62-make a reasonable attempt to notify:
191+reasonable attempt to notify:
63192 (1) the child's parent, guardian, or custodian; or
64-(2) if the arrest or taking into custody occurs during school
65-hours, the emergency contact listed on the child's school
66-record;
193+(2) the emergency contact listed on the child's school record;
67194 that the child has been arrested or taken into custody.
68-(e) A law enforcement agency shall inform its law enforcement
195+(e) The attempt to notify under subsection (d) must occur before
196+the child is transported from school property or the location of the
197+school-sponsored activity.
198+(f) A law enforcement agency shall inform its law enforcement
69199 officers concerning the notification requirements under this
70200 section.
71201 SECTION 3. IC 35-33-1-1, AS AMENDED BY P.L.175-2022,
202+ES 415—LS 7193/DI 119 6
72203 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
73204 JULY 1, 2023]: Sec. 1. (a) A law enforcement officer may arrest a
74205 person when the officer has:
75206 (1) a warrant commanding that the person be arrested;
76207 (2) probable cause to believe the person has committed or
77208 attempted to commit, or is committing or attempting to commit,
78209 a felony;
79-SEA 415 — Concur 3
80210 (3) probable cause to believe the person has violated the
81211 provisions of IC 9-26-1-1.1 or IC 9-30-5;
82212 (4) probable cause to believe the person is committing or
83213 attempting to commit a misdemeanor in the officer's presence;
84214 (5) probable cause to believe the person has committed a:
85215 (A) battery resulting in bodily injury under IC 35-42-2-1; or
86216 (B) domestic battery under IC 35-42-2-1.3.
87217 The officer may use an affidavit executed by an individual alleged
88218 to have direct knowledge of the incident alleging the elements of
89219 the offense of battery to establish probable cause;
90220 (6) probable cause to believe that the person violated
91221 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
92222 (7) probable cause to believe that the person violated
93223 IC 35-47-2-1.5 (unlawful carrying of a handgun) or IC 35-47-2-22
94224 (counterfeit handgun license);
95225 (8) probable cause to believe that the person is violating or has
96226 violated an order issued under IC 35-50-7;
97227 (9) probable cause to believe that the person is violating or has
98228 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
99229 device);
100230 (10) probable cause to believe that the person is:
101231 (A) violating or has violated IC 35-45-2-5 (interference with
102232 the reporting of a crime); and
103233 (B) interfering with or preventing the reporting of a crime
104234 involving domestic or family violence (as defined in
105235 IC 34-6-2-34.5);
106236 (11) probable cause to believe that the person has committed theft
107237 (IC 35-43-4-2);
108238 (12) a removal order issued for the person by an immigration
109239 court;
110240 (13) a detainer or notice of action for the person issued by the
111241 United States Department of Homeland Security; or
112242 (14) probable cause to believe that the person has been indicted
113243 for or convicted of one (1) or more aggravated felonies (as
114244 defined in 8 U.S.C. 1101(a)(43)).
245+ES 415—LS 7193/DI 119 7
115246 (b) A person who:
116247 (1) is employed full time as a federal enforcement officer;
117248 (2) is empowered to effect an arrest with or without warrant for a
118249 violation of the United States Code; and
119250 (3) is authorized to carry firearms in the performance of the
120251 person's duties;
121252 may act as an officer for the arrest of offenders against the laws of this
122-SEA 415 — Concur 4
123253 state where the person reasonably believes that a felony has been or is
124254 about to be committed or attempted in the person's presence.
125255 (c) A law enforcement officer who arrests a child or takes a
126256 child into custody as described in IC 31-37-4-3.5 shall make a
127257 reasonable attempt to notify:
128258 (1) the child's parent, guardian, or custodian; or
129259 (2) the emergency contact listed on the child's school record;
130-that the child has been arrested or taken into custody.
131-SEA 415 — Concur President of the Senate
132-President Pro Tempore
133-Speaker of the House of Representatives
134-Governor of the State of Indiana
135-Date: Time:
136-SEA 415 — Concur
260+that the child has been arrested or taken into custody.".
261+Renumber all SECTIONS consecutively.
262+and when so amended that said bill do pass.
263+(Reference is to SB 415 as introduced.)
264+FREEMAN, Chairperson
265+Committee Vote: Yeas 7, Nays 0.
266+_____
267+COMMITTEE REPORT
268+Mr. Speaker: Your Committee on Courts and Criminal Code, to
269+which was referred Senate Bill 415, has had the same under
270+consideration and begs leave to report the same back to the House with
271+the recommendation that said bill be amended as follows:
272+Page 1, delete lines 1 through 17, begin a new paragraph and insert:
273+"SECTION 1. IC 31-30.5-1-6 IS ADDED TO THE INDIANA
274+CODE AS A NEW SECTION TO READ AS FOLLOWS
275+[EFFECTIVE JULY 1, 2023]: Sec. 6. (a) Except as provided in
276+subsection (b), a statement that is made by a juvenile during a
277+custodial interrogation is inadmissible against the juvenile in a
278+criminal or juvenile proceeding, if:
279+(1) the statement concerns an act:
280+(A) that was allegedly committed by the juvenile when the
281+juvenile was less than eighteen (18) years of age; and
282+(B) that:
283+ES 415—LS 7193/DI 119 8
284+(i) would be a felony or misdemeanor offense if
285+committed by an adult; or
286+(ii) is an offense under IC 35-45-4-6 or IC 35-47-10-5;
287+and
288+(2) the statement is made by the juvenile in response to a law
289+enforcement officer or school resource officer who
290+communicates to the juvenile:
291+(A) materially false information regarding evidence
292+relating to the act; or
293+(B) a materially false statement regarding:
294+(i) the penalty for the act; or
295+(ii) leniency in the imposition of a penalty for the act.
296+(b) This section does not apply:
297+(1) if the law enforcement officer or school resource officer
298+communicates materially false information or a materially
299+false statement with a reasonable good faith belief that the
300+information was true at the time it was communicated to the
301+juvenile; or
302+(2) to any evidence discovered as a result of the juvenile's
303+statement.".
304+Page 2, delete lines 1 through 9.
305+Page 2, line 25, delete "notify:" and insert "notify, or request a
306+school administrator to make a reasonable attempt to notify:".
307+Page 2, line 27, after "(2)" insert "if the arrest or taking into
308+custody occurs during school hours,".
309+Page 2, delete lines 29 through 31.
310+Page 2, line 32, delete "(f)" and insert "(e)".
311+Renumber all SECTIONS consecutively.
312+and when so amended that said bill do pass.
313+(Reference is to SB 415 Digest Correction as printed February 24,
314+2023.)
315+MCNAMARA
316+Committee Vote: yeas 12, nays 1.
317+ES 415—LS 7193/DI 119