Indiana 2023 Regular Session

Indiana Senate Bill SB0464 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0464.1
	2	+	March 30, 2023
	3	+	ENGROSSED
	4	+	SENATE BILL No. 464
	5	+	_____
	6	+	DIGEST OF SB 464 (Updated March 29, 2023 2:45 pm - DI 106)
	7	+	Citations Affected: IC 11-8; IC 29-3; IC 31-25; IC 31-30; IC 31-37;
	8	+	IC 35-38; IC 35-50.
	9	+	Synopsis: Jurisdiction. Provides that an adult criminal court has
	10	+	jurisdiction over a person at least 21 years of age who committed an
	11	+	offense as a child (an adult child offender), if the offense could have
	12	+	been waived to adult court, and provides that the juvenile court has
	13	+	jurisdiction over an adult child offender if the offense could not have
	14	+	been waived. Specifies that an adult child offender may be required to
	15	+	register as a sex offender in the same manner as a delinquent child, and
	16	+	permits a court to remove the obligation for an adult child offender and
	17	+	a delinquent child to register after the completion of sex offender
	18	+	treatment. Specifies when a child commits a delinquent act. Allows a
	19	+	court, in sentencing an adult child offender, to consider as a mitigating
	20	+	factor that the person was a child at the time the person committed the
	21	+	offense. Provides an additional opportunity for an adult child offender
	22	+	to obtain sentence modification. Permits a court to suspend a sentence
	23	+	imposed on an adult child offender, except for murder.
	24	+	Effective: July 1, 2023.
	25	+	Donato, Freeman, Koch, Doriot,
	26	+	Young M
	27	+	(HOUSE SPONSORS — MCNAMARA, DAVIS, JETER, GREENE)
	28	+	January 19, 2023, read first time and referred to Committee on Corrections and Criminal
	29	+	Law.
	30	+	February 16, 2023, amended, reported favorably — Do Pass.
	31	+	February 20, 2023, read second time, amended, ordered engrossed.
	32	+	February 21, 2023, engrossed. Read third time, passed. Yeas 31, nays 13.
	33	+	HOUSE ACTION
	34	+	February 28, 2023, read first time and referred to Committee on Courts and Criminal Code.
	35	+	March 30, 2023, amended, reported — Do Pass.
	36	+	ES 464—LS 7339/DI 148 March 30, 2023
1	37		First Regular Session of the 123rd General Assembly (2023)
2	38		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	39		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	40		additions will appear in this style type, and deletions will appear in this style type.
5	41		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	42		provision adopted), the text of the new provision will appear in this style type. Also, the
7	43		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	44		a new provision to the Indiana Code or the Indiana Constitution.
9	45		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	46		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 464
12		-	AN ACT to amend the Indiana Code concerning family law and
13		-	juvenile law.
	47	+	ENGROSSED
	48	+	SENATE BILL No. 464
	49	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	50	+	family law and juvenile law.
14	51		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 11-8-8-4.5, AS AMENDED BY P.L.142-2020,
	52	+	1 SECTION 1. IC 11-8-8-4.5, AS AMENDED BY P.L.142-2020,
	53	+	2 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	54	+	3 JULY 1, 2023]: Sec. 4.5. (a) Except as provided in section 22 of this
	55	+	4 chapter, as used in this chapter, "sex offender" means a person
	56	+	5 convicted of any of the following offenses:
	57	+	6 (1) Rape (IC 35-42-4-1).
	58	+	7 (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
	59	+	8 (3) Child molesting (IC 35-42-4-3).
	60	+	9 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
	61	+	10 (5) Vicarious sexual gratification (including performing sexual
	62	+	11 conduct in the presence of a minor) (IC 35-42-4-5).
	63	+	12 (6) Child solicitation (IC 35-42-4-6).
	64	+	13 (7) Child seduction (IC 35-42-4-7).
	65	+	14 (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
	66	+	15 Class B, or Class C felony (for a crime committed before July 1,
	67	+	16 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
	68	+	17 crime committed after June 30, 2014), unless:
	69	+	ES 464—LS 7339/DI 148 2
	70	+	1 (A) the person is convicted of sexual misconduct with a minor
	71	+	2 as a Class C felony (for a crime committed before July 1,
	72	+	3 2014) or a Level 5 felony (for a crime committed after June
	73	+	4 30, 2014);
	74	+	5 (B) the person is not more than:
	75	+	6 (i) four (4) years older than the victim if the offense was
	76	+	7 committed after June 30, 2007; or
	77	+	8 (ii) five (5) years older than the victim if the offense was
	78	+	9 committed before July 1, 2007; and
	79	+	10 (C) the sentencing court finds that the person should not be
	80	+	11 required to register as a sex offender.
	81	+	12 (9) Incest (IC 35-46-1-3).
	82	+	13 (10) Sexual battery (IC 35-42-4-8).
	83	+	14 (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
	84	+	15 (18) years of age, and the person who kidnapped the victim is not
	85	+	16 the victim's parent or guardian.
	86	+	17 (12) Criminal confinement (IC 35-42-3-3), if the victim is less
	87	+	18 than eighteen (18) years of age, and the person who confined or
	88	+	19 removed the victim is not the victim's parent or guardian.
	89	+	20 (13) Possession of child pornography (IC 35-42-4-4(d) or
	90	+	21 IC 35-42-4-4(e)).
	91	+	22 (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
	92	+	23 (for a crime committed before July 1, 2014) or a Level 4 felony
	93	+	24 (for a crime committed after June 30, 2014).
	94	+	25 (15) Promotion of human sexual trafficking under
	95	+	26 IC 35-42-3.5-1.1.
	96	+	27 (16) Promotion of child sexual trafficking under
	97	+	28 IC 35-42-3.5-1.2(a).
	98	+	29 (17) Promotion of sexual trafficking of a younger child
	99	+	30 (IC 35-42-3.5-1.2(c)).
	100	+	31 (18) Child sexual trafficking (IC 35-42-3.5-1.3).
	101	+	32 (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
	102	+	33 less than eighteen (18) years of age.
	103	+	34 (20) Sexual misconduct by a service provider with a detained or
	104	+	35 supervised child (IC 35-44.1-3-10(c)).
	105	+	36 (b) The term includes:
	106	+	37 (1) a person who is required to register as a sex offender in any
	107	+	38 jurisdiction; and
	108	+	39 (2) a child who has committed a delinquent act, or a person
	109	+	40 prosecuted under IC 31-30-1-4(d) for an offense described in
	110	+	41 subsection (a) committed when the person was less than
	111	+	42 eighteen (18) years of age, but who was at least twenty-one
	112	+	ES 464—LS 7339/DI 148 3
	113	+	1 (21) years of age when the charge was filed, and who:
	114	+	2 (A) is at least fourteen (14) years of age;
	115	+	3 (B) is on probation, is on parole, is discharged from a facility
	116	+	4 by the department of correction, is discharged from a secure
	117	+	5 private facility (as defined in IC 31-9-2-115), or is discharged
	118	+	6 from a juvenile detention facility as a result of an adjudication
	119	+	7 as a delinquent child for an act that would be an offense
	120	+	8 described in subsection (a) if committed by an adult; and
	121	+	9 (C) is found by a court by clear and convincing evidence to be
	122	+	10 likely to repeat an act that would be an offense described in
	123	+	11 subsection (a) if committed by an adult.
	124	+	12 (c) In making a determination under subsection (b)(2)(C), the court
	125	+	13 shall consider expert testimony concerning whether a child is likely to
	126	+	14 repeat an act that would be an offense described in subsection (a) if
	127	+	15 committed by an adult.
	128	+	16 (d) A person ordered to register under subsection (b)(2) may
	129	+	17 petition the court to reconsider the order at any time after
	130	+	18 completing court ordered sex offender treatment. The court shall
	131	+	19 consider expert testimony concerning whether a child or person is
	132	+	20 likely to repeat an offense described in subsection (a) or an act that
	133	+	21 would be an offense described in subsection (a) if committed by an
	134	+	22 adult.
	135	+	23 SECTION 2. IC 11-8-8-5, AS AMENDED BY P.L.142-2020,
	136	+	24 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	137	+	25 JULY 1, 2023]: Sec. 5. (a) Except as provided in section 22 of this
	138	+	26 chapter, as used in this chapter, "sex or violent offender" means a
	139	+	27 person convicted of any of the following offenses:
	140	+	28 (1) Rape (IC 35-42-4-1).
	141	+	29 (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
	142	+	30 (3) Child molesting (IC 35-42-4-3).
	143	+	31 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
	144	+	32 (5) Vicarious sexual gratification (including performing sexual
	145	+	33 conduct in the presence of a minor) (IC 35-42-4-5).
	146	+	34 (6) Child solicitation (IC 35-42-4-6).
	147	+	35 (7) Child seduction (IC 35-42-4-7).
	148	+	36 (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
	149	+	37 Class B, or Class C felony (for a crime committed before July 1,
	150	+	38 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
	151	+	39 crime committed after June 30, 2014), unless:
	152	+	40 (A) the person is convicted of sexual misconduct with a minor
	153	+	41 as a Class C felony (for a crime committed before July 1,
	154	+	42 2014) or a Level 5 felony (for a crime committed after June
	155	+	ES 464—LS 7339/DI 148 4
	156	+	1 30, 2014);
	157	+	2 (B) the person is not more than:
	158	+	3 (i) four (4) years older than the victim if the offense was
	159	+	4 committed after June 30, 2007; or
	160	+	5 (ii) five (5) years older than the victim if the offense was
	161	+	6 committed before July 1, 2007; and
	162	+	7 (C) the sentencing court finds that the person should not be
	163	+	8 required to register as a sex offender.
	164	+	9 (9) Incest (IC 35-46-1-3).
	165	+	10 (10) Sexual battery (IC 35-42-4-8).
	166	+	11 (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
	167	+	12 (18) years of age, and the person who kidnapped the victim is not
	168	+	13 the victim's parent or guardian.
	169	+	14 (12) Criminal confinement (IC 35-42-3-3), if the victim is less
	170	+	15 than eighteen (18) years of age, and the person who confined or
	171	+	16 removed the victim is not the victim's parent or guardian.
	172	+	17 (13) Possession of child pornography (IC 35-42-4-4(d) or
	173	+	18 IC 35-42-4-4(e)).
	174	+	19 (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
	175	+	20 (for a crime committed before July 1, 2014) or a Level 4 felony
	176	+	21 (for a crime committed after June 30, 2014).
	177	+	22 (15) Promotion of human sexual trafficking under
	178	+	23 IC 35-42-3.5-1.1.
	179	+	24 (16) Promotion of child sexual trafficking under
	180	+	25 IC 35-42-3.5-1.2(a).
	181	+	26 (17) Promotion of sexual trafficking of a younger child
	182	+	27 (IC 35-42-3.5-1.2(c)).
	183	+	28 (18) Child sexual trafficking (IC 35-42-3.5-1.3).
	184	+	29 (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
	185	+	30 less than eighteen (18) years of age.
	186	+	31 (20) Murder (IC 35-42-1-1).
	187	+	32 (21) Voluntary manslaughter (IC 35-42-1-3).
	188	+	33 (22) Sexual misconduct by a service provider with a detained or
	189	+	34 supervised child (IC 35-44.1-3-10(c)).
	190	+	35 (b) The term includes:
	191	+	36 (1) a person who is required to register as a sex or violent
	192	+	37 offender in any jurisdiction; and
	193	+	38 (2) a child who has committed a delinquent act, or a person
	194	+	39 prosecuted under IC 31-30-1-4(d) for an offense described in
	195	+	40 subsection (a) committed when the person was less than
	196	+	41 eighteen (18) years of age, but who was at least twenty-one
	197	+	42 (21) years of age when the charge was filed, and who:
	198	+	ES 464—LS 7339/DI 148 5
	199	+	1 (A) is at least fourteen (14) years of age;
	200	+	2 (B) is on probation, is on parole, is discharged from a facility
	201	+	3 by the department of correction, is discharged from a secure
	202	+	4 private facility (as defined in IC 31-9-2-115), or is discharged
	203	+	5 from a juvenile detention facility as a result of an adjudication
	204	+	6 as a delinquent child for an act that would be an offense
	205	+	7 described in subsection (a) if committed by an adult; and
	206	+	8 (C) is found by a court by clear and convincing evidence to be
	207	+	9 likely to repeat an act that would be an offense described in
	208	+	10 subsection (a) if committed by an adult.
	209	+	11 (c) In making a determination under subsection (b)(2)(C), the court
	210	+	12 shall consider expert testimony concerning whether a child is likely to
	211	+	13 repeat an act that would be an offense described in subsection (a) if
	212	+	14 committed by an adult.
	213	+	15 (d) A person ordered to register under subsection (b)(2) may
	214	+	16 petition the court to reconsider the order at any time after
	215	+	17 completing court ordered sex offender treatment. The court shall
	216	+	18 consider expert testimony concerning whether a child or person is
	217	+	19 likely to repeat an offense described in subsection (a) or an act that
	218	+	20 would be an offense described in subsection (a) if committed by an
	219	+	21 adult.
	220	+	22 SECTION 3. IC 29-3-2-1, AS AMENDED BY P.L.178-2011,
	221	+	23 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	222	+	24 JULY 1, 2023]: Sec. 1. (a) This article applies to the following:
	223	+	25 (1) The business affairs, physical person, and property of every
	224	+	26 incapacitated person and minor residing in Indiana.
	225	+	27 (2) Property located in Indiana of every incapacitated person and
	226	+	28 minor residing outside Indiana.
	227	+	29 (3) Property of every incapacitated person or minor, regardless of
	228	+	30 where the property is located, coming into the control of a
	229	+	31 fiduciary who is subject to the laws of Indiana.
	230	+	32 (b) Except as provided in subsections (c) through (e), the court has
	231	+	33 exclusive original jurisdiction with respect to an individual who is not
	232	+	34 an adult (as defined in IC 29-3.5-1-2(1)) over all matters concerning
	233	+	35 the following:
	234	+	36 (1) Guardians.
	235	+	37 (2) Protective proceedings under IC 29-3-4.
	236	+	38 In the case of an adult (as defined in IC 29-3.5-1-2(1)), a court must
	237	+	39 establish jurisdiction concerning a guardianship or a protective
	238	+	40 proceeding in accordance with IC 29-3.5-2.
	239	+	41 (c) A juvenile court has exclusive original jurisdiction over matters
	240	+	42 relating to the following:
	241	+	ES 464—LS 7339/DI 148 6
	242	+	1 (1) Minors described in IC 31-30-1-1.
	243	+	2 (2) Matters related to guardians of the person and guardianships
	244	+	3 of the person described in IC 31-30-1-1(10). IC 31-30-1-1(a)(10).
	245	+	4 (d) Except as provided in subsection (c), courts with child custody
	246	+	5 jurisdiction under:
	247	+	6 (1) IC 31-14-10;
	248	+	7 (2) IC 31-17-2-1; or
	249	+	8 (3) IC 31-21-5 (or IC 31-17-3-3 before its repeal);
	250	+	9 have original and continuing jurisdiction over custody matters relating
	251	+	10 to minors.
	252	+	11 (e) A mental health division of a superior court under IC 33-33-49
	253	+	12 has jurisdiction concurrent with the court in mental health proceedings
	254	+	13 under IC 12-26 relating to guardianship and protective orders.
	255	+	14 (f) Jurisdiction under this section is not dependent on issuance or
	256	+	15 service of summons.
	257	+	16 SECTION 4. IC 31-25-2-7, AS AMENDED BY P.L.104-2015,
	258	+	17 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	259	+	18 JULY 1, 2023]: Sec. 7. (a) The department is responsible for the
	260	+	19 following:
	261	+	20 (1) Providing child protection services under this article.
	262	+	21 (2) Providing and administering child abuse and neglect
	263	+	22 prevention services.
	264	+	23 (3) Providing and administering child services.
	265	+	24 (4) Providing and administering family services.
	266	+	25 (5) Providing family preservation services under IC 31-26-5.
	267	+	26 (6) Regulating and licensing the following under IC 31-27:
	268	+	27 (A) Child caring institutions.
	269	+	28 (B) Foster family homes.
	270	+	29 (C) Group homes.
	271	+	30 (D) Child placing agencies.
	272	+	31 (7) Administering the state's plan for the administration of Title
	273	+	32 IV-D of the federal Social Security Act (42 U.S.C. 651 et seq.).
	274	+	33 (8) Administering foster care services.
	275	+	34 (9) Administering successful adulthood services (as described in
	276	+	35 42 U.S.C. 677 et seq.).
	277	+	36 (10) Administering adoption and guardianship services.
	278	+	37 (11) Certifying and providing grants to the youth services bureaus
	279	+	38 under IC 31-26-1.
	280	+	39 (12) Administering the project safe program.
	281	+	40 (13) Paying for programs and services as provided under
	282	+	41 IC 31-40.
	283	+	42 (14) Obtaining on an annual basis a consumer report, as defined
	284	+	ES 464—LS 7339/DI 148 7
	285	+	1 in 42 U.S.C. 1681a(d), for each child at least fourteen (14) years
	286	+	2 of age who is in state foster care.
	287	+	3 (b) This chapter does not authorize or require the department to:
	288	+	4 (1) investigate or report on proceedings under IC 31-17-2 relating
	289	+	5 to a child who is not the subject of an open child in need of
	290	+	6 services case under IC 31-34; or
	291	+	7 (2) otherwise monitor child custody or visitation in dissolution of
	292	+	8 marriage proceedings.
	293	+	9 (c) This chapter does not authorize or require the department to:
	294	+	10 (1) conduct home studies; or
	295	+	11 (2) otherwise participate in guardianship proceedings under
	296	+	12 IC 29-3;
	297	+	13 other than those over which the juvenile court has jurisdiction under
	298	+	14 IC 29-3-2-1(c) or IC 31-30-1-1(10). IC 31-30-1-1(a)(10).
	299	+	15 SECTION 5. IC 31-30-1-0.1, AS ADDED BY P.L.220-2011,
	300	+	16 SECTION 508, IS AMENDED TO READ AS FOLLOWS
	301	+	17 [EFFECTIVE JULY 1, 2023]: Sec. 0.1. The following amendments to
	302	+	18 this chapter apply as follows:
	303	+	19 (1) The amendments made to section 1 section 1(a) of this
	304	+	20 chapter by P.L.217-2001 apply to all proceedings pending under
	305	+	21 IC 31-34 on July 1, 2001, and to all proceedings commenced
	306	+	22 under IC 31-34 after June 30, 2001.
	307	+	23 (2) The amendments made to section 2.5 of this chapter by
	308	+	24 P.L.131-2009 apply to proceedings pending on or initiated on or
	309	+	25 after May 12, 2009.
	310	+	26 SECTION 6. IC 31-30-1-1, AS AMENDED BY P.L.172-2022,
	311	+	27 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	312	+	28 JULY 1, 2023]: Sec. 1. (a) A juvenile court has exclusive original
	313	+	29 jurisdiction, except as provided in sections 9, 10, 12, and 13 of this
	314	+	30 chapter, in the following:
	315	+	31 (1) Proceedings in which a child, including a child of divorced
	316	+	32 parents, is alleged to be a delinquent child under IC 31-37.
	317	+	33 (2) Proceedings in which a child, including a child of divorced
	318	+	34 parents, is alleged to be a child in need of services under
	319	+	35 IC 31-34.
	320	+	36 (3) Proceedings concerning the paternity of a child under
	321	+	37 IC 31-14.
	322	+	38 (4) Proceedings under the interstate compact on juveniles under
	323	+	39 IC 31-37-23.
	324	+	40 (5) Proceedings governing the participation of a parent, guardian,
	325	+	41 or custodian in a program of care, treatment, or rehabilitation for
	326	+	42 a child under IC 31-34-20 or IC 31-37-15.
	327	+	ES 464—LS 7339/DI 148 8
	328	+	1 (6) Proceedings under IC 31-34-4, IC 31-34-5, IC 31-37-5, and
	329	+	2 IC 31-37-6 governing the detention of a child before a petition has
	330	+	3 been filed.
	331	+	4 (7) Proceedings to issue a protective order under IC 31-32-13.
	332	+	5 (8) Proceedings in which a child less than sixteen (16) years of
	333	+	6 age is alleged to have committed an act that would be a
	334	+	7 misdemeanor traffic offense if committed by an adult.
	335	+	8 (9) Proceedings in which a child is alleged to have committed an
	336	+	9 act that would be an offense under IC 9-30-5 if committed by an
	337	+	10 adult.
	338	+	11 (10) Guardianship of the person proceedings for a child:
	339	+	12 (A) who has been adjudicated as a child in need of services;
	340	+	13 (B) for whom a juvenile court has approved a permanency
	341	+	14 plan under IC 31-34-21-7 that provides for the appointment of
	342	+	15 a guardian of the person; and
	343	+	16 (C) who is the subject of a pending child in need of services
	344	+	17 proceeding under IC 31-34.
	345	+	18 (11) Proceedings concerning involuntary drug and alcohol
	346	+	19 treatment under IC 31-32-16.
	347	+	20 (12) Proceedings under the interstate compact for juveniles under
	348	+	21 IC 11-13-4.5-1.5.
	349	+	22 (13) Proceedings under IC 31-28-5.8.
	350	+	23 (14) Other proceedings specified by law.
	351	+	24 (b) A juvenile court has jurisdiction over a person who is at least
	352	+	25 twenty-one (21) years of age for an alleged offense:
	353	+	26 (1) committed while the person was a child; and
	354	+	27 (2) that could not have been waived under IC 31-30-3.
	355	+	28 SECTION 7. IC 31-30-1-4, AS AMENDED BY P.L.175-2022,
	356	+	29 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	357	+	30 JULY 1, 2023]: Sec. 4. (a) The juvenile court does not have jurisdiction
	358	+	31 over an individual for an alleged violation of:
	359	+	32 (1) IC 35-41-5-1(a) (attempted murder);
	360	+	33 (2) IC 35-42-1-1 (murder);
	361	+	34 (3) IC 35-42-3-2 (kidnapping);
	362	+	35 (4) IC 35-42-4-1 (rape);
	363	+	36 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
	364	+	37 (6) IC 35-42-5-1 (robbery) if:
	365	+	38 (A) the robbery was committed while armed with a deadly
	366	+	39 weapon; or
	367	+	40 (B) the robbery results in bodily injury or serious bodily
	368	+	41 injury;
	369	+	42 (7) IC 35-42-5-2 (carjacking) (before its repeal);
	370	+	ES 464—LS 7339/DI 148 9
	371	+	1 (8) IC 35-47-2-1.5 (unlawful carrying of a handgun), if charged
	372	+	2 as a felony;
	373	+	3 (9) IC 35-47-10 (children and firearms), if charged as a felony; or
	374	+	4 (10) any offense that may be joined under IC 35-34-1-9(a)(2) with
	375	+	5 any crime listed in this subsection;
	376	+	6 if the individual was at least sixteen (16) years of age but less than
	377	+	7 eighteen (18) years of age at the time of the alleged violation.
	378	+	8 (b) Once an individual described in subsection (a) has been charged
	379	+	9 with any offense listed in subsection (a), the court having adult
	380	+	10 criminal jurisdiction shall retain jurisdiction over the case if the
	381	+	11 individual pleads guilty to or is convicted of any offense listed in
	382	+	12 subsection (a)(1) through (a)(9).
	383	+	13 (c) If:
	384	+	14 (1) an individual described in subsection (a) is charged with one
	385	+	15 (1) or more offenses listed in subsection (a);
	386	+	16 (2) all the charges under subsection (a)(1) through (a)(9) resulted
	387	+	17 in an acquittal or were dismissed; and
	388	+	18 (3) the individual pleads guilty to or is convicted of any offense
	389	+	19 other than an offense listed in subsection (a)(1) through (a)(9);
	390	+	20 the court having adult criminal jurisdiction may withhold judgment and
	391	+	21 transfer jurisdiction to the juvenile court for adjudication and
	392	+	22 disposition. In determining whether to transfer jurisdiction to the
	393	+	23 juvenile court for adjudication and disposition, the court having adult
	394	+	24 criminal jurisdiction shall consider whether there are appropriate
	395	+	25 services available in the juvenile justice system, whether the child is
	396	+	26 amenable to rehabilitation under the juvenile justice system, and
	397	+	27 whether it is in the best interests of the safety and welfare of the
	398	+	28 community that the child be transferred to juvenile court. All orders
	399	+	29 concerning release conditions remain in effect until a juvenile court
	400	+	30 detention hearing, which must be held not later than forty-eight (48)
	401	+	31 hours, excluding Saturdays, Sundays, and legal holidays, after the order
	402	+	32 of transfer of jurisdiction.
	403	+	33 (d) A court having adult criminal jurisdiction, and not a juvenile
	404	+	34 court, has jurisdiction over a person who is at least twenty-one (21)
	405	+	35 years of age for an alleged offense:
	406	+	36 (1) committed while the person was a child; and
	407	+	37 (2) that could have been waived under IC 31-30-3.
	408	+	38 SECTION 8. IC 31-30-2-1, AS AMENDED BY P.L.86-2017,
	409	+	39 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	410	+	40 JULY 1, 2023]: Sec. 1. (a) Except as provided in subsections (b), (c),
	411	+	41 and (h), the juvenile court's jurisdiction over a delinquent child or a
	412	+	42 child in need of services and over the child's parent, guardian, or
	413	+	ES 464—LS 7339/DI 148 10
	414	+	1 custodian continues until:
	415	+	2 (1) the child becomes twenty-one (21) years of age, unless the
	416	+	3 court discharges the child and the child's parent, guardian, or
	417	+	4 custodian at an earlier time; or
	418	+	5 (2) guardianship of the child is awarded to the department of
	419	+	6 correction.
	420	+	7 (b) The juvenile court may, on its own motion, after guardianship of
	421	+	8 a child is awarded to the department of correction, reinstate the court's
	422	+	9 jurisdiction for the purpose of ordering the child's parent, guardian, or
	423	+	10 custodian to participate in programs operated by or through the
	424	+	11 department of correction.
	425	+	12 (c) The juvenile court's jurisdiction over a parent or guardian of the
	426	+	13 estate of a child under this section continues until the parent or
	427	+	14 guardian of the estate has satisfied the financial obligation of the parent
	428	+	15 or guardian of the estate that is imposed under IC 31-40 (or
	429	+	16 IC 31-6-4-18 before its repeal).
	430	+	17 (d) Except as provided in subsection (g), the jurisdiction of the
	431	+	18 juvenile court over a proceeding described in IC 31-30-1-1(10)
	432	+	19 IC 31-30-1-1(a)(10) for a guardianship of the person continues until
	433	+	20 the earlier of the date that:
	434	+	21 (1) the juvenile court terminates the guardianship of the person;
	435	+	22 or
	436	+	23 (2) the child becomes:
	437	+	24 (A) nineteen (19) years of age, if a child who is at least
	438	+	25 eighteen (18) years of age is a full-time student in a secondary
	439	+	26 school or the equivalent level of vocational or career and
	440	+	27 technical education; or
	441	+	28 (B) eighteen (18) years of age, if clause (A) does not apply.
	442	+	29 If the guardianship of the person continues after the child becomes the
	443	+	30 age specified in subdivision (2), the juvenile court shall transfer the
	444	+	31 guardianship of the person proceedings to a court having probate
	445	+	32 jurisdiction in the county in which the guardian of the person resides.
	446	+	33 If the juvenile court has both juvenile and probate jurisdiction, the
	447	+	34 juvenile court may transfer the guardianship of the person proceedings
	448	+	35 to the probate docket of the court.
	449	+	36 (e) The jurisdiction of the juvenile court to enter, modify, or enforce
	450	+	37 a support order under IC 31-40-1-5 continues during the time that the
	451	+	38 court retains jurisdiction over a guardianship of the person proceeding
	452	+	39 described in IC 31-30-1-1(10). IC 31-30-1-1(a)(10).
	453	+	40 (f) At any time, a juvenile court may, with the consent of a probate
	454	+	41 court, transfer to the probate court guardianship of the person
	455	+	42 proceedings and any related support order initiated in the juvenile
	456	+	ES 464—LS 7339/DI 148 11
	457	+	1 court.
	458	+	2 (g) A juvenile court may retain jurisdiction over an older youth, as
	459	+	3 defined in IC 31-28-5.8-4, who is a recipient or beneficiary of:
	460	+	4 (1) kinship guardianship assistance under Title IV-E of the federal
	461	+	5 Social Security Act (42 U.S.C. 673), as amended; or
	462	+	6 (2) other financial assistance provided to or for the benefit of a
	463	+	7 child who:
	464	+	8 (A) was previously adjudicated as a child in need of services
	465	+	9 or delinquent child;
	466	+	10 (B) is a protected person under a legal guardianship if
	467	+	11 IC 29-3-8-9(f) applies; and
	468	+	12 (C) is approved for assistance under a rule or published policy
	469	+	13 of the department.
	470	+	14 (h) Upon receipt of a motion under IC 31-37-22-11, the juvenile
	471	+	15 court shall reinstate its jurisdiction to conduct a hearing and issue an
	472	+	16 appropriate order in accordance with IC 31-37-22-11.
	473	+	17 SECTION 9. IC 31-37-1-2, AS AMENDED BY P.L.84-2021,
	474	+	18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	475	+	19 JULY 1, 2023]: Sec. 2. A child commits a delinquent act if, before
	476	+	20 becoming eighteen (18) years of age, the child commits an act: (1) that
	477	+	21 would be an a misdemeanor or felony offense, if committed by an
	478	+	22 adult;
	479	+	23 (2) in violation of IC 35-45-4-6; or
	480	+	24 (3) in violation of IC 35-47-10-5. except for an act committed by
	481	+	25 a person over which the juvenile court lacks jurisdiction under
	482	+	26 IC 31-30-1.
	483	+	27 SECTION 10. IC 35-38-1-7.1, AS AMENDED BY P.L.5-2019,
	484	+	28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	485	+	29 JULY 1, 2023]: Sec. 7.1. (a) In determining what sentence to impose
	486	+	30 for a crime, the court may consider the following aggravating
	487	+	31 circumstances:
	488	+	32 (1) The harm, injury, loss, or damage suffered by the victim of an
	489	+	33 offense was:
	490	+	34 (A) significant; and
	491	+	35 (B) greater than the elements necessary to prove the
	492	+	36 commission of the offense.
	493	+	37 (2) The person has a history of criminal or delinquent behavior.
	494	+	38 (3) The victim of the offense was less than twelve (12) years of
	495	+	39 age or at least sixty-five (65) years of age at the time the person
	496	+	40 committed the offense.
	497	+	41 (4) The person:
	498	+	42 (A) committed a crime of violence (IC 35-50-1-2); and
	499	+	ES 464—LS 7339/DI 148 12
	500	+	1 (B) knowingly committed the offense in the presence or within
	501	+	2 hearing of an individual who:
	502	+	3 (i) was less than eighteen (18) years of age at the time the
	503	+	4 person committed the offense; and
	504	+	5 (ii) is not the victim of the offense.
	505	+	6 (5) The person violated a protective order issued against the
	506	+	7 person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
	507	+	8 IC 34-4-5.1 before their repeal), a workplace violence restraining
	508	+	9 order issued against the person under IC 34-26-6, or a no contact
	509	+	10 order issued against the person.
	510	+	11 (6) The person has recently violated the conditions of any
	511	+	12 probation, parole, pardon, community corrections placement, or
	512	+	13 pretrial release granted to the person.
	513	+	14 (7) The victim of the offense was:
	514	+	15 (A) a person with a disability (as defined in IC 27-7-6-12), and
	515	+	16 the defendant knew or should have known that the victim was
	516	+	17 a person with a disability; or
	517	+	18 (B) mentally or physically infirm.
	518	+	19 (8) The person was in a position having care, custody, or control
	519	+	20 of the victim of the offense.
	520	+	21 (9) The injury to or death of the victim of the offense was the
	521	+	22 result of shaken baby syndrome (as defined in IC 16-41-40-2).
	522	+	23 (10) The person threatened to harm the victim of the offense or a
	523	+	24 witness if the victim or witness told anyone about the offense.
	524	+	25 (11) The person:
	525	+	26 (A) committed trafficking with an inmate under
	526	+	27 IC 35-44.1-3-5; and
	527	+	28 (B) is an employee of the penal facility.
	528	+	29 (12) The person committed the offense with bias due to the
	529	+	30 victim's or the group's real or perceived characteristic, trait, belief,
	530	+	31 practice, association, or other attribute the court chooses to
	531	+	32 consider, including but not limited to an attribute described in
	532	+	33 IC 10-13-3-1.
	533	+	34 (b) The court may consider the following factors as mitigating
	534	+	35 circumstances or as favoring suspending the sentence and imposing
	535	+	36 probation:
	536	+	37 (1) The crime neither caused nor threatened serious harm to
	537	+	38 persons or property, or the person did not contemplate that it
	538	+	39 would do so.
	539	+	40 (2) The crime was the result of circumstances unlikely to recur.
	540	+	41 (3) The victim of the crime induced or facilitated the offense.
	541	+	42 (4) There are substantial grounds tending to excuse or justify the
	542	+	ES 464—LS 7339/DI 148 13
	543	+	1 crime, though failing to establish a defense.
	544	+	2 (5) The person acted under strong provocation.
	545	+	3 (6) The person has no history of delinquency or criminal activity,
	546	+	4 or the person has led a law-abiding life for a substantial period
	547	+	5 before commission of the crime.
	548	+	6 (7) The person is likely to respond affirmatively to probation or
	549	+	7 short term imprisonment.
	550	+	8 (8) The character and attitudes of the person indicate that the
	551	+	9 person is unlikely to commit another crime.
	552	+	10 (9) The person has made or will make restitution to the victim of
	553	+	11 the crime for the injury, damage, or loss sustained.
	554	+	12 (10) Imprisonment of the person will result in undue hardship to
	555	+	13 the person or the dependents of the person.
	556	+	14 (11) The person was convicted of a crime involving the use of
	557	+	15 force against a person who had repeatedly inflicted physical or
	558	+	16 sexual abuse upon the convicted person and evidence shows that
	559	+	17 the convicted person suffered from the effects of battery as a
	560	+	18 result of the past course of conduct of the individual who is the
	561	+	19 victim of the crime for which the person was convicted.
	562	+	20 (12) The person was convicted of a crime relating to a controlled
	563	+	21 substance and the person's arrest or prosecution was facilitated in
	564	+	22 part because the person:
	565	+	23 (A) requested emergency medical assistance; or
	566	+	24 (B) acted in concert with another person who requested
	567	+	25 emergency medical assistance;
	568	+	26 for an individual who reasonably appeared to be in need of
	569	+	27 medical assistance due to the use of alcohol or a controlled
	570	+	28 substance.
	571	+	29 (13) The person has posttraumatic stress disorder, traumatic brain
	572	+	30 injury, or a postconcussive brain injury.
	573	+	31 (14) The person is a person described in IC 31-30-1-4(d) who
	574	+	32 committed the offense while the person was a child but is now
	575	+	33 at least twenty-one (21) years of age.
	576	+	34 (c) The criteria listed in subsections (a) and (b) do not limit the
	577	+	35 matters that the court may consider in determining the sentence.
	578	+	36 (d) A court may impose any sentence that is:
	579	+	37 (1) authorized by statute; and
	580	+	38 (2) permissible under the Constitution of the State of Indiana;
	581	+	39 regardless of the presence or absence of aggravating circumstances or
	582	+	40 mitigating circumstances.
	583	+	41 (e) If a court suspends a sentence and orders probation for a person
	584	+	42 described in subsection (b)(13), the court may require the person to
	585	+	ES 464—LS 7339/DI 148 14
	586	+	1 receive treatment for the person's injuries.
	587	+	2 SECTION 11. IC 35-38-1-17, AS AMENDED BY P.L.45-2018,
	588	+	3 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	589	+	4 JULY 1, 2023]: Sec. 17. (a) Notwithstanding IC 1-1-5.5-21, this section
	590	+	5 applies to a person who:
	591	+	6 (1) commits an offense; or
	592	+	7 (2) is sentenced;
	593	+	8 before July 1, 2014.
	594	+	9 (b) This section does not apply to a credit restricted felon.
	595	+	10 (c) Except as provided in subsections (k) and (m), this section does
	596	+	11 not apply to a violent criminal.
	597	+	12 (d) As used in this section, "violent criminal" means a person
	598	+	13 convicted of any of the following offenses:
	599	+	14 (1) Murder (IC 35-42-1-1).
	600	+	15 (2) Attempted murder (IC 35-41-5-1).
	601	+	16 (3) Voluntary manslaughter (IC 35-42-1-3).
	602	+	17 (4) Involuntary manslaughter (IC 35-42-1-4).
	603	+	18 (5) Reckless homicide (IC 35-42-1-5).
	604	+	19 (6) Aggravated battery (IC 35-42-2-1.5).
	605	+	20 (7) Kidnapping (IC 35-42-3-2).
	606	+	21 (8) Rape (IC 35-42-4-1).
	607	+	22 (9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
	608	+	23 (10) Child molesting (IC 35-42-4-3).
	609	+	24 (11) Sexual misconduct with a minor as a Class A felony under
	610	+	25 IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2)
	611	+	26 (for a crime committed before July 1, 2014) or sexual misconduct
	612	+	27 with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a
	613	+	28 Level 2 felony under IC 35-42-4-9(b)(2) (for a crime committed
	614	+	29 after June 30, 2014).
	615	+	30 (12) Robbery as a Class A felony or a Class B felony
	616	+	31 (IC 35-42-5-1) (for a crime committed before July 1, 2014) or
	617	+	32 robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1) (for
	618	+	33 a crime committed after June 30, 2014).
	619	+	34 (13) Burglary as Class A felony or a Class B felony
	620	+	35 (IC 35-43-2-1) (for a crime committed before July 1, 2014) or
	621	+	36 burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or
	622	+	37 Level 4 felony (IC 35-43-2-1) (for a crime committed after June
	623	+	38 30, 2014).
	624	+	39 (14) Unlawful possession of a firearm by a serious violent felon
	625	+	40 (IC 35-47-4-5).
	626	+	41 (e) At any time after:
	627	+	42 (1) a convicted person begins serving the person's sentence; and
	628	+	ES 464—LS 7339/DI 148 15
	629	+	1 (2) the court obtains a report from the department of correction
	630	+	2 concerning the convicted person's conduct while imprisoned;
	631	+	3 the court may reduce or suspend the sentence and impose a sentence
	632	+	4 that the court was authorized to impose at the time of sentencing.
	633	+	5 However, if the convicted person was sentenced under the terms of a
	634	+	6 plea agreement, the court may not, without the consent of the
	635	+	7 prosecuting attorney, reduce or suspend the sentence and impose a
	636	+	8 sentence not authorized by the plea agreement. The court must
	637	+	9 incorporate its reasons in the record.
	638	+	10 (f) If the court sets a hearing on a petition under this section, the
	639	+	11 court must give notice to the prosecuting attorney and the prosecuting
	640	+	12 attorney must give notice to the victim (as defined in IC 35-31.5-2-348)
	641	+	13 of the crime for which the convicted person is serving the sentence.
	642	+	14 (g) The court may suspend a sentence for a felony under this section
	643	+	15 only if suspension is permitted under IC 35-50-2-2.2.
	644	+	16 (h) The court may deny a request to suspend or reduce a sentence
	645	+	17 under this section without making written findings and conclusions.
	646	+	18 (i) The court is not required to conduct a hearing before reducing or
	647	+	19 suspending a sentence under this section if:
	648	+	20 (1) the prosecuting attorney has filed with the court an agreement
	649	+	21 of the reduction or suspension of the sentence; and
	650	+	22 (2) the convicted person has filed with the court a waiver of the
	651	+	23 right to be present when the order to reduce or suspend the
	652	+	24 sentence is considered.
	653	+	25 (j) This subsection applies only to a convicted person who is not a
	654	+	26 violent criminal. A convicted person who is not a violent criminal may
	655	+	27 file a petition for sentence modification under this section:
	656	+	28 (1) not more than one (1) time in any three hundred sixty-five
	657	+	29 (365) day period; and
	658	+	30 (2) a maximum of two (2) times during any consecutive period of
	659	+	31 incarceration;
	660	+	32 without the consent of the prosecuting attorney.
	661	+	33 (k) This subsection applies to a convicted person who is a violent
	662	+	34 criminal. Except as provided in subsection (n), a convicted person
	663	+	35 who is a violent criminal may, not later than three hundred sixty-five
	664	+	36 (365) days from the date of sentencing, file one (1) petition for
	665	+	37 sentence modification under this section without the consent of the
	666	+	38 prosecuting attorney. After the elapse of the three hundred sixty-five
	667	+	39 (365) day period, a violent criminal may not file a petition for sentence
	668	+	40 modification without the consent of the prosecuting attorney.
	669	+	41 (l) A person may not waive the right to sentence modification under
	670	+	42 this section as part of a plea agreement. Any purported waiver of the
	671	+	ES 464—LS 7339/DI 148 16
	672	+	1 right to sentence modification under this section in a plea agreement is
	673	+	2 invalid and unenforceable as against public policy. This subsection
	674	+	3 does not prohibit the finding of a waiver of the right to:
	675	+	4 (1) have a court modify a sentence and impose a sentence not
	676	+	5 authorized by the plea agreement, as described under subsection
	677	+	6 (e); or
	678	+	7 (2) sentence modification for any other reason, including failure
	679	+	8 to comply with the provisions of this section.
	680	+	9 (m) Notwithstanding subsection (k), a person who commits an
	681	+	10 offense after June 30, 2014, and before May 15, 2015, may file one (1)
	682	+	11 petition for sentence modification without the consent of the
	683	+	12 prosecuting attorney, even if the person has previously filed a petition
	684	+	13 for sentence modification.
	685	+	14 (n) A person sentenced in a criminal court having jurisdiction
	686	+	15 over an offense committed when the person was less than eighteen
	687	+	16 (18) years of age may file an additional petition for sentence
	688	+	17 modification under this section without the consent of the
	689	+	18 prosecuting attorney if the person has served at least:
	690	+	19 (1) fifteen (15) years of the person's sentence, if the person is
	691	+	20 not serving a sentence for murder; or
	692	+	21 (2) twenty (20) years of the person's sentence, if the person is
	693	+	22 serving a sentence for murder.
	694	+	23 The time periods described in this subsection are computed on the
	695	+	24 basis of time actually served and do not include any reduction
	696	+	25 applied for good time credit or educational credit time.
	697	+	26 SECTION 12. IC 35-50-2-2.2, AS AMENDED BY P.L.119-2021,
	698	+	27 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	699	+	28 JULY 1, 2023]: Sec. 2.2. (a) Except as provided in subsection (b) or
	700	+	29 (c), the court may suspend any part of a sentence for a felony.
	701	+	30 (b) If a person is convicted of a Level 2 felony or a Level 3 felony
	702	+	31 and has any prior unrelated felony conviction, other than a conviction
	703	+	32 for a felony involving marijuana, hashish, hash oil, or salvia divinorum,
	704	+	33 the court may suspend only that part of a sentence that is in excess of
	705	+	34 the minimum sentence for the:
	706	+	35 (1) Level 2 felony; or
	707	+	36 (2) Level 3 felony.
	708	+	37 (c) The court may suspend only that part of a sentence for murder
	709	+	38 or a Level 1 felony conviction that is in excess of the minimum
	710	+	39 sentence for murder or the Level 1 felony conviction.
	711	+	40 (d) The court may suspend any part of a sentence for an offense
	712	+	41 filed in adult court under IC 31-30-1-4(d), unless the offense is
	713	+	42 murder (IC 35-42-1-1).
	714	+	ES 464—LS 7339/DI 148 17
	715	+	COMMITTEE REPORT
	716	+	Madam President: The Senate Committee on Corrections and
	717	+	Criminal Law, to which was referred Senate Bill No. 464, has had the
	718	+	same under consideration and begs leave to report the same back to the
	719	+	Senate with the recommendation that said bill be AMENDED as
	720	+	follows:
	721	+	Page 1, between the enacting clause and line 1, begin a new
	722	+	paragraph and insert:
	723	+	"SECTION 1. IC 11-8-8-4.5, AS AMENDED BY P.L.142-2020,
16	724		SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17	725		JULY 1, 2023]: Sec. 4.5. (a) Except as provided in section 22 of this
18	726		chapter, as used in this chapter, "sex offender" means a person
19	727		convicted of any of the following offenses:
20	728		(1) Rape (IC 35-42-4-1).
21	729		(2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
22	730		(3) Child molesting (IC 35-42-4-3).
23	731		(4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
24	732		(5) Vicarious sexual gratification (including performing sexual
25	733		conduct in the presence of a minor) (IC 35-42-4-5).
26	734		(6) Child solicitation (IC 35-42-4-6).
27	735		(7) Child seduction (IC 35-42-4-7).
28	736		(8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
29	737		Class B, or Class C felony (for a crime committed before July 1,
30	738		2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
31	739		crime committed after June 30, 2014), unless:
32	740		(A) the person is convicted of sexual misconduct with a minor
33	741		as a Class C felony (for a crime committed before July 1,
34	742		2014) or a Level 5 felony (for a crime committed after June
35	743		30, 2014);
36		-	SEA 464 — Concur 2
37	744		(B) the person is not more than:
38	745		(i) four (4) years older than the victim if the offense was
39	746		committed after June 30, 2007; or
40	747		(ii) five (5) years older than the victim if the offense was
41	748		committed before July 1, 2007; and
42	749		(C) the sentencing court finds that the person should not be
43	750		required to register as a sex offender.
44	751		(9) Incest (IC 35-46-1-3).
45	752		(10) Sexual battery (IC 35-42-4-8).
46	753		(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
47	754		(18) years of age, and the person who kidnapped the victim is not
48	755		the victim's parent or guardian.
	756	+	ES 464—LS 7339/DI 148 18
49	757		(12) Criminal confinement (IC 35-42-3-3), if the victim is less
50	758		than eighteen (18) years of age, and the person who confined or
51	759		removed the victim is not the victim's parent or guardian.
52	760		(13) Possession of child pornography (IC 35-42-4-4(d) or
53	761		IC 35-42-4-4(e)).
54	762		(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
55	763		(for a crime committed before July 1, 2014) or a Level 4 felony
56	764		(for a crime committed after June 30, 2014).
57	765		(15) Promotion of human sexual trafficking under
58	766		IC 35-42-3.5-1.1.
59	767		(16) Promotion of child sexual trafficking under
60	768		IC 35-42-3.5-1.2(a).
61		-	(17) Promotion of sexual trafficking of a younger child
62		-	~~(IC~~ 35-42-3.5-1.2(c)).
	769	+	(17) Promotion of sexual trafficking of a younger child (IC
	770	+	35-42-3.5-1.2(c)).
63	771		(18) Child sexual trafficking (IC 35-42-3.5-1.3).
64	772		(19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
65	773		less than eighteen (18) years of age.
66	774		(20) Sexual misconduct by a service provider with a detained or
67	775		supervised child (IC 35-44.1-3-10(c)).
68	776		(b) The term includes:
69	777		(1) a person who is required to register as a sex offender in any
70	778		jurisdiction; and
71	779		(2) a child who has committed a delinquent act, or a person
72		-	prosecuted under IC 31-30-1-4(d) for ~~an offense described in~~
73		-	~~subsection (a)~~ committed when the person was less than
74		-	~~eighteen (18) years~~ of age, but who was at least twenty-one
75		-	~~(21) years of age when~~ the charge was filed, and who:
	780	+	prosecuted under IC 31-30-1-4(d) for child molesting
	781	+	committed when the person was less than eighteen (18) years
	782	+	of age, but who was at least twenty-one (21) years of age when
	783	+	the charge was filed, and who:
76	784		(A) is at least fourteen (14) years of age;
77	785		(B) is on probation, is on parole, is discharged from a facility
78	786		by the department of correction, is discharged from a secure
79		-	SEA 464 — Concur 3
80	787		private facility (as defined in IC 31-9-2-115), or is discharged
81	788		from a juvenile detention facility as a result of an adjudication
82	789		as a delinquent child for an act that would be an offense
83	790		described in subsection (a) if committed by an adult; and
84	791		(C) is found by a court by clear and convincing evidence to be
85	792		likely to repeat an act that would be an offense described in
86	793		subsection (a) if committed by an adult.
87	794		(c) In making a determination under subsection (b)(2)(C), the court
88	795		shall consider expert testimony concerning whether a child is likely to
89	796		repeat an act that would be an offense described in subsection (a) if
90	797		committed by an adult.
91		-	(d) A person ordered to register under subsection (b)(2) may
92		-	petition the court to reconsider the order at any time after
93		-	completing court ordered sex offender treatment. The court shall
94		-	consider expert testimony concerning whether a child or person is
95		-	likely to repeat an offense described in subsection (a) or an act that
96		-	would be an offense described in subsection (a) if committed by an
97		-	adult.
98	798		SECTION 2. IC 11-8-8-5, AS AMENDED BY P.L.142-2020,
	799	+	ES 464—LS 7339/DI 148 19
99	800		SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
100	801		JULY 1, 2023]: Sec. 5. (a) Except as provided in section 22 of this
101	802		chapter, as used in this chapter, "sex or violent offender" means a
102	803		person convicted of any of the following offenses:
103	804		(1) Rape (IC 35-42-4-1).
104	805		(2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
105	806		(3) Child molesting (IC 35-42-4-3).
106	807		(4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
107	808		(5) Vicarious sexual gratification (including performing sexual
108	809		conduct in the presence of a minor) (IC 35-42-4-5).
109	810		(6) Child solicitation (IC 35-42-4-6).
110	811		(7) Child seduction (IC 35-42-4-7).
111	812		(8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
112	813		Class B, or Class C felony (for a crime committed before July 1,
113	814		2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
114	815		crime committed after June 30, 2014), unless:
115	816		(A) the person is convicted of sexual misconduct with a minor
116	817		as a Class C felony (for a crime committed before July 1,
117	818		2014) or a Level 5 felony (for a crime committed after June
118	819		30, 2014);
119	820		(B) the person is not more than:
120	821		(i) four (4) years older than the victim if the offense was
121	822		committed after June 30, 2007; or
122		-	SEA 464 — Concur 4
123	823		(ii) five (5) years older than the victim if the offense was
124	824		committed before July 1, 2007; and
125	825		(C) the sentencing court finds that the person should not be
126	826		required to register as a sex offender.
127	827		(9) Incest (IC 35-46-1-3).
128	828		(10) Sexual battery (IC 35-42-4-8).
129	829		(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
130	830		(18) years of age, and the person who kidnapped the victim is not
131	831		the victim's parent or guardian.
132	832		(12) Criminal confinement (IC 35-42-3-3), if the victim is less
133	833		than eighteen (18) years of age, and the person who confined or
134	834		removed the victim is not the victim's parent or guardian.
135	835		(13) Possession of child pornography (IC 35-42-4-4(d) or
136	836		IC 35-42-4-4(e)).
137	837		(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
138	838		(for a crime committed before July 1, 2014) or a Level 4 felony
139	839		(for a crime committed after June 30, 2014).
140	840		(15) Promotion of human sexual trafficking under
141	841		IC 35-42-3.5-1.1.
	842	+	ES 464—LS 7339/DI 148 20
142	843		(16) Promotion of child sexual trafficking under
143	844		IC 35-42-3.5-1.2(a).
144		-	(17) Promotion of sexual trafficking of a younger child
145		-	~~(IC~~ 35-42-3.5-1.2(c)).
	845	+	(17) Promotion of sexual trafficking of a younger child (IC
	846	+	35-42-3.5-1.2(c)).
146	847		(18) Child sexual trafficking (IC 35-42-3.5-1.3).
147	848		(19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
148	849		less than eighteen (18) years of age.
149	850		(20) Murder (IC 35-42-1-1).
150	851		(21) Voluntary manslaughter (IC 35-42-1-3).
151	852		(22) Sexual misconduct by a service provider with a detained or
152	853		supervised child (IC 35-44.1-3-10(c)).
153	854		(b) The term includes:
154	855		(1) a person who is required to register as a sex or violent
155	856		offender in any jurisdiction; and
156	857		(2) a child who has committed a delinquent act, or a person
157		-	prosecuted under IC 31-30-1-4(d) for ~~an offense described in~~
158		-	~~subsection (a)~~ committed when the person was less than
159		-	~~eighteen (18) years~~ of age, but who was at least twenty-one
160		-	~~(21) years of age when~~ the charge was filed, and who:
	858	+	prosecuted under IC 31-30-1-4(d) for child molesting
	859	+	committed when the person was less than eighteen (18) years
	860	+	of age, but who was at least twenty-one (21) years of age when
	861	+	the charge was filed, and who:
161	862		(A) is at least fourteen (14) years of age;
162	863		(B) is on probation, is on parole, is discharged from a facility
163	864		by the department of correction, is discharged from a secure
164	865		private facility (as defined in IC 31-9-2-115), or is discharged
165		-	SEA 464 — Concur 5
166	866		from a juvenile detention facility as a result of an adjudication
167	867		as a delinquent child for an act that would be an offense
168	868		described in subsection (a) if committed by an adult; and
169	869		(C) is found by a court by clear and convincing evidence to be
170	870		likely to repeat an act that would be an offense described in
171	871		subsection (a) if committed by an adult.
172	872		(c) In making a determination under subsection (b)(2)(C), the court
173	873		shall consider expert testimony concerning whether a child is likely to
174	874		repeat an act that would be an offense described in subsection (a) if
175		-	committed by an adult.
176		-	(d) A person ordered to register under subsection (b)(2) may
177		-	petition the court to reconsider the order at any time after
178		-	completing court ordered sex offender treatment. The court shall
179		-	consider expert testimony concerning whether a child or person is
180		-	likely to repeat an offense described in subsection (a) or an act that
181		-	would be an offense described in subsection (a) if committed by an
182		-	adult.
183		-	SECTION 3. IC 29-3-2-1, AS AMENDED BY P.L.178-2011,
184		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
185		-	JULY 1, 2023]: Sec. 1. (a) This article applies to the following:
186		-	(1) The business affairs, physical person, and property of every
187		-	incapacitated person and minor residing in Indiana.
188		-	(2) Property located in Indiana of every incapacitated person and
189		-	minor residing outside Indiana.
190		-	(3) Property of every incapacitated person or minor, regardless of
191		-	where the property is located, coming into the control of a
192		-	fiduciary who is subject to the laws of Indiana.
193		-	(b) Except as provided in subsections (c) through (e), the court has
194		-	exclusive original jurisdiction with respect to an individual who is not
195		-	an adult (as defined in IC 29-3.5-1-2(1)) over all matters concerning
196		-	the following:
197		-	(1) Guardians.
198		-	(2) Protective proceedings under IC 29-3-4.
199		-	In the case of an adult (as defined in IC 29-3.5-1-2(1)), a court must
200		-	establish jurisdiction concerning a guardianship or a protective
201		-	proceeding in accordance with IC 29-3.5-2.
202		-	(c) A juvenile court has exclusive original jurisdiction over matters
203		-	relating to the following:
204		-	(1) Minors described in IC 31-30-1-1.
205		-	(2) Matters related to guardians of the person and guardianships
206		-	of the person described in IC 31-30-1-1(10). IC 31-30-1-1(a)(10).
207		-	(d) Except as provided in subsection (c), courts with child custody
208		-	SEA 464 — Concur 6
209		-	jurisdiction under:
210		-	(1) IC 31-14-10;
211		-	(2) IC 31-17-2-1; or
212		-	(3) IC 31-21-5 (or IC 31-17-3-3 before its repeal);
213		-	have original and continuing jurisdiction over custody matters relating
214		-	to minors.
215		-	(e) A mental health division of a superior court under IC 33-33-49
216		-	has jurisdiction concurrent with the court in mental health proceedings
217		-	under IC 12-26 relating to guardianship and protective orders.
218		-	(f) Jurisdiction under this section is not dependent on issuance or
219		-	service of summons.
220		-	SECTION 4. IC 31-25-2-7, AS AMENDED BY P.L.104-2015,
221		-	SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
222		-	JULY 1, 2023]: Sec. 7. (a) The department is responsible for the
223		-	following:
224		-	(1) Providing child protection services under this article.
225		-	(2) Providing and administering child abuse and neglect
226		-	prevention services.
227		-	(3) Providing and administering child services.
228		-	(4) Providing and administering family services.
229		-	(5) Providing family preservation services under IC 31-26-5.
230		-	(6) Regulating and licensing the following under IC 31-27:
231		-	(A) Child caring institutions.
232		-	(B) Foster family homes.
233		-	(C) Group homes.
234		-	(D) Child placing agencies.
235		-	(7) Administering the state's plan for the administration of Title
236		-	IV-D of the federal Social Security Act (42 U.S.C. 651 et seq.).
237		-	(8) Administering foster care services.
238		-	(9) Administering successful adulthood services (as described in
239		-	42 U.S.C. 677 et seq.).
240		-	(10) Administering adoption and guardianship services.
241		-	(11) Certifying and providing grants to the youth services bureaus
242		-	under IC 31-26-1.
243		-	(12) Administering the project safe program.
244		-	(13) Paying for programs and services as provided under
245		-	IC 31-40.
246		-	(14) Obtaining on an annual basis a consumer report, as defined
247		-	in 42 U.S.C. 1681a(d), for each child at least fourteen (14) years
248		-	of age who is in state foster care.
249		-	(b) This chapter does not authorize or require the department to:
250		-	(1) investigate or report on proceedings under IC 31-17-2 relating
251		-	SEA 464 — Concur 7
252		-	to a child who is not the subject of an open child in need of
253		-	services case under IC 31-34; or
254		-	(2) otherwise monitor child custody or visitation in dissolution of
255		-	marriage proceedings.
256		-	(c) This chapter does not authorize or require the department to:
257		-	(1) conduct home studies; or
258		-	(2) otherwise participate in guardianship proceedings under
259		-	IC 29-3;
260		-	other than those over which the juvenile court has jurisdiction under
261		-	IC 29-3-2-1(c) or IC 31-30-1-1(10). IC 31-30-1-1(a)(10).
262		-	SECTION 5. IC 31-30-1-0.1, AS ADDED BY P.L.220-2011,
263		-	SECTION 508, IS AMENDED TO READ AS FOLLOWS
264		-	[EFFECTIVE JULY 1, 2023]: Sec. 0.1. The following amendments to
265		-	this chapter apply as follows:
266		-	(1) The amendments made to section 1 section 1(a) of this
267		-	chapter by P.L.217-2001 apply to all proceedings pending under
268		-	IC 31-34 on July 1, 2001, and to all proceedings commenced
269		-	under IC 31-34 after June 30, 2001.
270		-	(2) The amendments made to section 2.5 of this chapter by
271		-	P.L.131-2009 apply to proceedings pending on or initiated on or
272		-	after May 12, 2009.
273		-	SECTION 6. IC 31-30-1-1, AS AMENDED BY P.L.172-2022,
274		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
275		-	JULY 1, 2023]: Sec. 1. (a) A juvenile court has exclusive original
276		-	jurisdiction, except as provided in sections 9, 10, 12, and 13 of this
277		-	chapter, in the following:
278		-	(1) Proceedings in which a child, including a child of divorced
279		-	parents, is alleged to be a delinquent child under IC 31-37.
280		-	(2) Proceedings in which a child, including a child of divorced
281		-	parents, is alleged to be a child in need of services under
282		-	IC 31-34.
283		-	(3) Proceedings concerning the paternity of a child under
284		-	IC 31-14.
285		-	(4) Proceedings under the interstate compact on juveniles under
286		-	IC 31-37-23.
287		-	(5) Proceedings governing the participation of a parent, guardian,
288		-	or custodian in a program of care, treatment, or rehabilitation for
289		-	a child under IC 31-34-20 or IC 31-37-15.
290		-	(6) Proceedings under IC 31-34-4, IC 31-34-5, IC 31-37-5, and
291		-	IC 31-37-6 governing the detention of a child before a petition has
292		-	been filed.
293		-	(7) Proceedings to issue a protective order under IC 31-32-13.
294		-	SEA 464 — Concur 8
295		-	(8) Proceedings in which a child less than sixteen (16) years of
296		-	age is alleged to have committed an act that would be a
297		-	misdemeanor traffic offense if committed by an adult.
298		-	(9) Proceedings in which a child is alleged to have committed an
299		-	act that would be an offense under IC 9-30-5 if committed by an
300		-	adult.
301		-	(10) Guardianship of the person proceedings for a child:
302		-	(A) who has been adjudicated as a child in need of services;
303		-	(B) for whom a juvenile court has approved a permanency
304		-	plan under IC 31-34-21-7 that provides for the appointment of
305		-	a guardian of the person; and
306		-	(C) who is the subject of a pending child in need of services
307		-	proceeding under IC 31-34.
308		-	(11) Proceedings concerning involuntary drug and alcohol
309		-	treatment under IC 31-32-16.
310		-	(12) Proceedings under the interstate compact for juveniles under
311		-	IC 11-13-4.5-1.5.
312		-	(13) Proceedings under IC 31-28-5.8.
313		-	(14) Other proceedings specified by law.
314		-	(b) A juvenile court has jurisdiction over a person who is at least
315		-	twenty-one (21) years of age for an alleged offense:
316		-	(1) committed while the person was a child; and
317		-	(2) that could not have been waived under IC 31-30-3.
318		-	SECTION 7. IC 31-30-1-4, AS AMENDED BY P.L.175-2022,
319		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
320		-	JULY 1, 2023]: Sec. 4. (a) The juvenile court does not have jurisdiction
321		-	over an individual for an alleged violation of:
322		-	(1) IC 35-41-5-1(a) (attempted murder);
323		-	(2) IC 35-42-1-1 (murder);
324		-	(3) IC 35-42-3-2 (kidnapping);
325		-	(4) IC 35-42-4-1 (rape);
326		-	(5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
327		-	(6) IC 35-42-5-1 (robbery) if:
328		-	(A) the robbery was committed while armed with a deadly
329		-	weapon; or
330		-	(B) the robbery results in bodily injury or serious bodily
331		-	injury;
332		-	(7) IC 35-42-5-2 (carjacking) (before its repeal);
333		-	(8) IC 35-47-2-1.5 (unlawful carrying of a handgun), if charged
334		-	as a felony;
335		-	(9) IC 35-47-10 (children and firearms), if charged as a felony; or
336		-	(10) any offense that may be joined under IC 35-34-1-9(a)(2) with
337		-	SEA 464 — Concur 9
338		-	any crime listed in this subsection;
339		-	if the individual was at least sixteen (16) years of age but less than
340		-	eighteen (18) years of age at the time of the alleged violation.
341		-	(b) Once an individual described in subsection (a) has been charged
342		-	with any offense listed in subsection (a), the court having adult
343		-	criminal jurisdiction shall retain jurisdiction over the case if the
344		-	individual pleads guilty to or is convicted of any offense listed in
345		-	subsection (a)(1) through (a)(9).
346		-	(c) If:
347		-	(1) an individual described in subsection (a) is charged with one
348		-	(1) or more offenses listed in subsection (a);
349		-	(2) all the charges under subsection (a)(1) through (a)(9) resulted
350		-	in an acquittal or were dismissed; and
351		-	(3) the individual pleads guilty to or is convicted of any offense
352		-	other than an offense listed in subsection (a)(1) through (a)(9);
353		-	the court having adult criminal jurisdiction may withhold judgment and
354		-	transfer jurisdiction to the juvenile court for adjudication and
355		-	disposition. In determining whether to transfer jurisdiction to the
356		-	juvenile court for adjudication and disposition, the court having adult
357		-	criminal jurisdiction shall consider whether there are appropriate
358		-	services available in the juvenile justice system, whether the child is
359		-	amenable to rehabilitation under the juvenile justice system, and
360		-	whether it is in the best interests of the safety and welfare of the
361		-	community that the child be transferred to juvenile court. All orders
362		-	concerning release conditions remain in effect until a juvenile court
363		-	detention hearing, which must be held not later than forty-eight (48)
364		-	hours, excluding Saturdays, Sundays, and legal holidays, after the order
365		-	of transfer of jurisdiction.
366		-	(d) A court having adult criminal jurisdiction, and not a juvenile
367		-	court, has jurisdiction over a person who is at least twenty-one (21)
368		-	years of age for an alleged offense:
369		-	(1) committed while the person was a child; and
370		-	(2) that could have been waived under IC 31-30-3.
371		-	SECTION 8. IC 31-30-2-1, AS AMENDED BY P.L.86-2017,
372		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
373		-	JULY 1, 2023]: Sec. 1. (a) Except as provided in subsections (b), (c),
374		-	and (h), the juvenile court's jurisdiction over a delinquent child or a
375		-	child in need of services and over the child's parent, guardian, or
376		-	custodian continues until:
377		-	(1) the child becomes twenty-one (21) years of age, unless the
378		-	court discharges the child and the child's parent, guardian, or
379		-	custodian at an earlier time; or
380		-	SEA 464 — Concur 10
381		-	(2) guardianship of the child is awarded to the department of
382		-	correction.
383		-	(b) The juvenile court may, on its own motion, after guardianship of
384		-	a child is awarded to the department of correction, reinstate the court's
385		-	jurisdiction for the purpose of ordering the child's parent, guardian, or
386		-	custodian to participate in programs operated by or through the
387		-	department of correction.
388		-	(c) The juvenile court's jurisdiction over a parent or guardian of the
389		-	estate of a child under this section continues until the parent or
390		-	guardian of the estate has satisfied the financial obligation of the parent
391		-	or guardian of the estate that is imposed under IC 31-40 (or
392		-	IC 31-6-4-18 before its repeal).
393		-	(d) Except as provided in subsection (g), the jurisdiction of the
394		-	juvenile court over a proceeding described in IC 31-30-1-1(10)
395		-	IC 31-30-1-1(a)(10) for a guardianship of the person continues until
396		-	the earlier of the date that:
397		-	(1) the juvenile court terminates the guardianship of the person;
398		-	or
399		-	(2) the child becomes:
400		-	(A) nineteen (19) years of age, if a child who is at least
401		-	eighteen (18) years of age is a full-time student in a secondary
402		-	school or the equivalent level of vocational or career and
403		-	technical education; or
404		-	(B) eighteen (18) years of age, if clause (A) does not apply.
405		-	If the guardianship of the person continues after the child becomes the
406		-	age specified in subdivision (2), the juvenile court shall transfer the
407		-	guardianship of the person proceedings to a court having probate
408		-	jurisdiction in the county in which the guardian of the person resides.
409		-	If the juvenile court has both juvenile and probate jurisdiction, the
410		-	juvenile court may transfer the guardianship of the person proceedings
411		-	to the probate docket of the court.
412		-	(e) The jurisdiction of the juvenile court to enter, modify, or enforce
413		-	a support order under IC 31-40-1-5 continues during the time that the
414		-	court retains jurisdiction over a guardianship of the person proceeding
415		-	described in IC 31-30-1-1(10). IC 31-30-1-1(a)(10).
416		-	(f) At any time, a juvenile court may, with the consent of a probate
417		-	court, transfer to the probate court guardianship of the person
418		-	proceedings and any related support order initiated in the juvenile
419		-	court.
420		-	(g) A juvenile court may retain jurisdiction over an older youth, as
421		-	defined in IC 31-28-5.8-4, who is a recipient or beneficiary of:
422		-	(1) kinship guardianship assistance under Title IV-E of the federal
423		-	SEA 464 — Concur 11
424		-	Social Security Act (42 U.S.C. 673), as amended; or
425		-	(2) other financial assistance provided to or for the benefit of a
426		-	child who:
427		-	(A) was previously adjudicated as a child in need of services
428		-	or delinquent child;
429		-	(B) is a protected person under a legal guardianship if
430		-	IC 29-3-8-9(f) applies; and
431		-	(C) is approved for assistance under a rule or published policy
432		-	of the department.
433		-	(h) Upon receipt of a motion under IC 31-37-22-11, the juvenile
434		-	court shall reinstate its jurisdiction to conduct a hearing and issue an
435		-	appropriate order in accordance with IC 31-37-22-11.
436		-	SECTION 9. IC 31-37-1-2, AS AMENDED BY P.L.84-2021,
	875	+	committed by an adult.".
	876	+	Page 2, line 12, after "was" insert "at least twelve (12) years of age
	877	+	and".
	878	+	Page 2, line 13, delete "violation but" and insert "violation, and
	879	+	was".
	880	+	Page 3, delete lines 33 through 42, begin a new paragraph and
	881	+	insert:
	882	+	"SECTION 6. IC 31-37-1-2, AS AMENDED BY P.L.84-2021,
437	883		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
438	884		JULY 1, 2023]: Sec. 2. A child commits a delinquent act if, before
439		-	becoming eighteen (18) years of age, the child commits an act: (1) that
	885	+	ES 464—LS 7339/DI 148 21
	886	+	becoming eighteen (18) years of age, the child commits an act (1) that
440	887		would be an a misdemeanor or felony offense, if committed by an
441	888		adult;
442	889		(2) in violation of IC 35-45-4-6; or
443	890		(3) in violation of IC 35-47-10-5. except for an act committed by
444	891		a person over which the juvenile court lacks jurisdiction under
445		-	IC 31-30-1.
446		-	SECTION 10. IC 35-38-1-7.1, AS AMENDED BY P.L.5-2019,
447		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
448		-	JULY 1, 2023]: Sec. 7.1. (a) In determining what sentence to impose
449		-	for a crime, the court may consider the following aggravating
450		-	circumstances:
451		-	(1) The harm, injury, loss, or damage suffered by the victim of an
452		-	offense was:
453		-	(A) significant; and
454		-	(B) greater than the elements necessary to prove the
455		-	commission of the offense.
456		-	(2) The person has a history of criminal or delinquent behavior.
457		-	(3) The victim of the offense was less than twelve (12) years of
458		-	age or at least sixty-five (65) years of age at the time the person
459		-	committed the offense.
460		-	(4) The person:
461		-	(A) committed a crime of violence (IC 35-50-1-2); and
462		-	(B) knowingly committed the offense in the presence or within
463		-	hearing of an individual who:
464		-	(i) was less than eighteen (18) years of age at the time the
465		-	person committed the offense; and
466		-	SEA 464 — Concur 12
467		-	(ii) is not the victim of the offense.
468		-	(5) The person violated a protective order issued against the
469		-	person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
470		-	IC 34-4-5.1 before their repeal), a workplace violence restraining
471		-	order issued against the person under IC 34-26-6, or a no contact
472		-	order issued against the person.
473		-	(6) The person has recently violated the conditions of any
474		-	probation, parole, pardon, community corrections placement, or
475		-	pretrial release granted to the person.
476		-	(7) The victim of the offense was:
477		-	(A) a person with a disability (as defined in IC 27-7-6-12), and
478		-	the defendant knew or should have known that the victim was
479		-	a person with a disability; or
480		-	(B) mentally or physically infirm.
481		-	(8) The person was in a position having care, custody, or control
482		-	of the victim of the offense.
483		-	(9) The injury to or death of the victim of the offense was the
484		-	result of shaken baby syndrome (as defined in IC 16-41-40-2).
485		-	(10) The person threatened to harm the victim of the offense or a
486		-	witness if the victim or witness told anyone about the offense.
487		-	(11) The person:
488		-	(A) committed trafficking with an inmate under
489		-	IC 35-44.1-3-5; and
490		-	(B) is an employee of the penal facility.
491		-	(12) The person committed the offense with bias due to the
492		-	victim's or the group's real or perceived characteristic, trait, belief,
493		-	practice, association, or other attribute the court chooses to
494		-	consider, including but not limited to an attribute described in
495		-	IC 10-13-3-1.
496		-	(b) The court may consider the following factors as mitigating
497		-	circumstances or as favoring suspending the sentence and imposing
498		-	probation:
499		-	(1) The crime neither caused nor threatened serious harm to
500		-	persons or property, or the person did not contemplate that it
501		-	would do so.
502		-	(2) The crime was the result of circumstances unlikely to recur.
503		-	(3) The victim of the crime induced or facilitated the offense.
504		-	(4) There are substantial grounds tending to excuse or justify the
505		-	crime, though failing to establish a defense.
506		-	(5) The person acted under strong provocation.
507		-	(6) The person has no history of delinquency or criminal activity,
508		-	or the person has led a law-abiding life for a substantial period
509		-	SEA 464 — Concur 13
510		-	before commission of the crime.
511		-	(7) The person is likely to respond affirmatively to probation or
512		-	short term imprisonment.
513		-	(8) The character and attitudes of the person indicate that the
514		-	person is unlikely to commit another crime.
515		-	(9) The person has made or will make restitution to the victim of
516		-	the crime for the injury, damage, or loss sustained.
517		-	(10) Imprisonment of the person will result in undue hardship to
518		-	the person or the dependents of the person.
519		-	(11) The person was convicted of a crime involving the use of
520		-	force against a person who had repeatedly inflicted physical or
521		-	sexual abuse upon the convicted person and evidence shows that
522		-	the convicted person suffered from the effects of battery as a
523		-	result of the past course of conduct of the individual who is the
524		-	victim of the crime for which the person was convicted.
525		-	(12) The person was convicted of a crime relating to a controlled
526		-	substance and the person's arrest or prosecution was facilitated in
527		-	part because the person:
528		-	(A) requested emergency medical assistance; or
529		-	(B) acted in concert with another person who requested
530		-	emergency medical assistance;
531		-	for an individual who reasonably appeared to be in need of
532		-	medical assistance due to the use of alcohol or a controlled
533		-	substance.
534		-	(13) The person has posttraumatic stress disorder, traumatic brain
535		-	injury, or a postconcussive brain injury.
536		-	(14) The person is a person described in IC 31-30-1-4(d) who
537		-	committed the offense while the person was a child but is now
538		-	at least twenty-one (21) years of age.
539		-	(c) The criteria listed in subsections (a) and (b) do not limit the
540		-	matters that the court may consider in determining the sentence.
541		-	(d) A court may impose any sentence that is:
542		-	(1) authorized by statute; and
543		-	(2) permissible under the Constitution of the State of Indiana;
544		-	regardless of the presence or absence of aggravating circumstances or
545		-	mitigating circumstances.
546		-	(e) If a court suspends a sentence and orders probation for a person
547		-	described in subsection (b)(13), the court may require the person to
548		-	receive treatment for the person's injuries.
549		-	SECTION 11. IC 35-38-1-17, AS AMENDED BY P.L.45-2018,
	892	+	IC 31-30-1.".
	893	+	Page 4, after line 7, begin a new paragraph and insert:
	894	+	"SECTION 8. IC 35-38-1-17, AS AMENDED BY P.L.45-2018,
550	895		SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
551	896		JULY 1, 2023]: Sec. 17. (a) Notwithstanding IC 1-1-5.5-21, this section
552		-	SEA 464 — Concur 14
553	897		applies to a person who:
554	898		(1) commits an offense; or
555	899		(2) is sentenced;
556	900		before July 1, 2014.
557		-	(b) This section does not apply to a credit restricted felon.
	901	+	(b) This section does not apply to:
	902	+	(1) a credit restricted felon; or
	903	+	(2) a sentence for an offense committed by a person less than
	904	+	eighteen (18) years of age.
558	905		(c) Except as provided in subsections (k) and (m), this section does
559	906		not apply to a violent criminal.
560	907		(d) As used in this section, "violent criminal" means a person
561	908		convicted of any of the following offenses:
562	909		(1) Murder (IC 35-42-1-1).
563	910		(2) Attempted murder (IC 35-41-5-1).
564	911		(3) Voluntary manslaughter (IC 35-42-1-3).
565	912		(4) Involuntary manslaughter (IC 35-42-1-4).
566	913		(5) Reckless homicide (IC 35-42-1-5).
567	914		(6) Aggravated battery (IC 35-42-2-1.5).
568	915		(7) Kidnapping (IC 35-42-3-2).
569	916		(8) Rape (IC 35-42-4-1).
570	917		(9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
571	918		(10) Child molesting (IC 35-42-4-3).
572	919		(11) Sexual misconduct with a minor as a Class A felony under
573	920		IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2)
574	921		(for a crime committed before July 1, 2014) or sexual misconduct
575	922		with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a
576	923		Level 2 felony under IC 35-42-4-9(b)(2) (for a crime committed
577	924		after June 30, 2014).
578		-	(12) Robbery as a Class A felony or a Class B felony
579		-	(IC 35-42-5-1) (for a crime committed before July 1, 2014) or
580		-	robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1) (for
581		-	a crime committed after June 30, 2014).
582		-	(13) Burglary as Class A felony or a Class B felony
583		-	(IC 35-43-2-1) (for a crime committed before July 1, 2014) or
	925	+	(12) Robbery as a Class A felony or a Class B felony (IC
	926	+	35-42-5-1) (for a crime committed before July 1, 2014) or robbery
	927	+	as a Level 2 felony or a Level 3 felony (IC 35-42-5-1) (for a crime
	928	+	ES 464—LS 7339/DI 148 22
	929	+	committed after June 30, 2014).
	930	+	(13) Burglary as Class A felony or a Class B felony (IC
	931	+	35-43-2-1) (for a crime committed before July 1, 2014) or
584	932		burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or
585	933		Level 4 felony (IC 35-43-2-1) (for a crime committed after June
586	934		30, 2014).
587	935		(14) Unlawful possession of a firearm by a serious violent felon
588	936		(IC 35-47-4-5).
589	937		(e) At any time after:
590	938		(1) a convicted person begins serving the person's sentence; and
591	939		(2) the court obtains a report from the department of correction
592	940		concerning the convicted person's conduct while imprisoned;
593	941		the court may reduce or suspend the sentence and impose a sentence
594	942		that the court was authorized to impose at the time of sentencing.
595		-	SEA 464 — Concur 15
596	943		However, if the convicted person was sentenced under the terms of a
597	944		plea agreement, the court may not, without the consent of the
598	945		prosecuting attorney, reduce or suspend the sentence and impose a
599	946		sentence not authorized by the plea agreement. The court must
600	947		incorporate its reasons in the record.
601	948		(f) If the court sets a hearing on a petition under this section, the
602	949		court must give notice to the prosecuting attorney and the prosecuting
603	950		attorney must give notice to the victim (as defined in IC 35-31.5-2-348)
604	951		of the crime for which the convicted person is serving the sentence.
605	952		(g) The court may suspend a sentence for a felony under this section
606	953		only if suspension is permitted under IC 35-50-2-2.2.
607	954		(h) The court may deny a request to suspend or reduce a sentence
608	955		under this section without making written findings and conclusions.
609	956		(i) The court is not required to conduct a hearing before reducing or
610	957		suspending a sentence under this section if:
611	958		(1) the prosecuting attorney has filed with the court an agreement
612	959		of the reduction or suspension of the sentence; and
613	960		(2) the convicted person has filed with the court a waiver of the
614	961		right to be present when the order to reduce or suspend the
615	962		sentence is considered.
616	963		(j) This subsection applies only to a convicted person who is not a
617	964		violent criminal. A convicted person who is not a violent criminal may
618	965		file a petition for sentence modification under this section:
619	966		(1) not more than one (1) time in any three hundred sixty-five
620	967		(365) day period; and
621	968		(2) a maximum of two (2) times during any consecutive period of
622	969		incarceration;
623	970		without the consent of the prosecuting attorney.
	971	+	ES 464—LS 7339/DI 148 23
624	972		(k) This subsection applies to a convicted person who is a violent
625	973		criminal. Except as provided in subsection (n), a convicted person
626	974		who is a violent criminal may, not later than three hundred sixty-five
627	975		(365) days from the date of sentencing, file one (1) petition for
628	976		sentence modification under this section without the consent of the
629	977		prosecuting attorney. After the elapse of the three hundred sixty-five
630	978		(365) day period, a violent criminal may not file a petition for sentence
631	979		modification without the consent of the prosecuting attorney.
632	980		(l) A person may not waive the right to sentence modification under
633	981		this section as part of a plea agreement. Any purported waiver of the
634	982		right to sentence modification under this section in a plea agreement is
635	983		invalid and unenforceable as against public policy. This subsection
636	984		does not prohibit the finding of a waiver of the right to:
637	985		(1) have a court modify a sentence and impose a sentence not
638		-	SEA 464 — Concur 16
639	986		authorized by the plea agreement, as described under subsection
640	987		(e); or
641	988		(2) sentence modification for any other reason, including failure
642	989		to comply with the provisions of this section.
643	990		(m) Notwithstanding subsection (k), a person who commits an
644	991		offense after June 30, 2014, and before May 15, 2015, may file one (1)
645	992		petition for sentence modification without the consent of the
646	993		prosecuting attorney, even if the person has previously filed a petition
647	994		for sentence modification.
648	995		(n) A person sentenced in a criminal court having jurisdiction
649		-	over an offense committed when the person was less than eighteen
650		-	(18) years of age may file an additional petition for sentence
651		-	modification under this section without the consent of the
	996	+	pursuant to IC 31-30-1-4(b) may file an additional petition for
	997	+	sentence modification under this section without the consent of the
652	998		prosecuting attorney if the person has served at least:
653	999		(1) fifteen (15) years of the person's sentence, if the person is
654	1000		not serving a sentence for murder; or
655	1001		(2) twenty (20) years of the person's sentence, if the person is
656	1002		serving a sentence for murder.
657	1003		The time periods described in this subsection are computed on the
658	1004		basis of time actually served and do not include any reduction
659	1005		applied for good time credit or educational credit time.
660		-	SECTION 12. IC 35-50-2-2.2, AS AMENDED BY P.L.119-2021,
	1006	+	SECTION 9. IC 35-38-1-17.1 IS ADDED TO THE INDIANA
	1007	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	1008	+	[EFFECTIVE JULY 1, 2023]: Sec. 17.1. (a) This section applies:
	1009	+	(1) only to a person sentenced for an offense that the person
	1010	+	committed when the person was less than eighteen (18) years
	1011	+	of age; and
	1012	+	(2) to an offense committed on, before, or after July 1, 2023.
	1013	+	Notwithstanding any other law, a person to whom this section
	1014	+	ES 464—LS 7339/DI 148 24
	1015	+	applies is entitled to seek sentence modification in accordance with
	1016	+	this section.
	1017	+	(b) Not earlier than fifteen (15) years after the date of
	1018	+	sentencing for an offense other than murder, the person may
	1019	+	petition for sentence modification. If the petition contains a verified
	1020	+	statement that the person is indigent and desires the appointment
	1021	+	of counsel, the court shall appoint counsel to represent the person
	1022	+	for purposes of sentence modification.
	1023	+	(c) Not earlier than twenty (20) years after the date of
	1024	+	sentencing for murder, the person may petition for sentence
	1025	+	modification under this section. If the petition contains a verified
	1026	+	statement that the person is indigent and desires the appointment
	1027	+	of counsel, the court shall appoint counsel to represent the person
	1028	+	for purposes of sentence modification.
	1029	+	(d) Not later than thirty (30) days from the date a petition is
	1030	+	filed under this section, the prosecuting attorney shall notify a
	1031	+	victim of the petitioner's crimes, and inform the victim of the
	1032	+	victim's rights under:
	1033	+	(1) Article 1, Section 13 of the Indiana Constitution; and
	1034	+	(2) IC 35-40.
	1035	+	(e) Not later than ninety (90) days from the date a petition is
	1036	+	filed under this section, the sentencing court shall conduct a
	1037	+	hearing on the petition. At the hearing, the court shall consider
	1038	+	whether the person is a danger to the public, and whether it is in
	1039	+	the interest of justice to reduce or modify the sentence.
	1040	+	(f) If the court finds that the person is not a danger to the public,
	1041	+	and it is in the interest of justice to reduce or modify the sentence,
	1042	+	the court shall modify the person's sentence.
	1043	+	(g) If the court:
	1044	+	(1) denies the petition to modify; or
	1045	+	(2) modifies the sentence so that the person will be required to
	1046	+	serve at least ten (10) additional years;
	1047	+	the person may file another petition to modify under this section.
	1048	+	(h) A person may file not more than two (2) petitions to modify
	1049	+	under this section, not including any amendments made to a
	1050	+	petition made before the court issues an order on the petition.
	1051	+	(i) A denial of a petition filed under this section is an appealable
	1052	+	final order.
	1053	+	SECTION 10. IC 35-50-2-2.2, AS AMENDED BY P.L.119-2021,
661	1054		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
662	1055		JULY 1, 2023]: Sec. 2.2. (a) Except as provided in subsection (b) or
663	1056		(c), the court may suspend any part of a sentence for a felony.
	1057	+	ES 464—LS 7339/DI 148 25
664	1058		(b) If a person is convicted of a Level 2 felony or a Level 3 felony
665	1059		and has any prior unrelated felony conviction, other than a conviction
666	1060		for a felony involving marijuana, hashish, hash oil, or salvia divinorum,
667	1061		the court may suspend only that part of a sentence that is in excess of
668	1062		the minimum sentence for the:
669	1063		(1) Level 2 felony; or
670	1064		(2) Level 3 felony.
671	1065		(c) The court may suspend only that part of a sentence for murder
672	1066		or a Level 1 felony conviction that is in excess of the minimum
673	1067		sentence for murder or the Level 1 felony conviction.
674		-	(d) The court may suspend any part of a sentence for an offense
675		-	filed in adult court under IC 31-30-1-4(d), unless the offense is
676		-	murder (IC 35-42-1-1).
677		-	SEA 464 — Concur President of the Senate
678		-	President Pro Tempore
679		-	Speaker of the House of Representatives
680		-	Governor of the State of Indiana
681		-	Date: Time:
682		-	SEA 464 — Concur
	1068	+	(d) The court may suspend any part of a sentence for child
	1069	+	molesting filed in adult court under IC 31-30-1-4(d).".
	1070	+	Renumber all SECTIONS consecutively.
	1071	+	and when so amended that said bill do pass.
	1072	+	(Reference is to SB 464 as introduced.)
	1073	+	FREEMAN, Chairperson
	1074	+	Committee Vote: Yeas 6, Nays 2.
	1075	+	_____
	1076	+	SENATE MOTION
	1077	+	Madam President: I move that Senate Bill 464 be amended to read
	1078	+	as follows:
	1079	+	Page 2, line 40, delete "IC 31-30-1-4(d)" and insert "IC
	1080	+	31-30-1-4(b)".
	1081	+	Page 4, line 32, delete "IC 31-30-1-4(d)" and insert "IC
	1082	+	31-30-1-4(b)".
	1083	+	Page 7, delete lines 40 through 42, begin a new paragraph and
	1084	+	insert:
	1085	+	"(b) This section does not apply to a credit restricted felon.".
	1086	+	Page 8, delete line 1.
	1087	+	Page 10, line 7, delete "pursuant to IC 31-30-1-4(b)" and insert
	1088	+	"over an offense committed when the person was less than eighteen
	1089	+	(18) years of age".
	1090	+	Page 10, delete lines 17 through 42.
	1091	+	Page 11, delete lines 1 through 20.
	1092	+	Page 11, line 36, delete "IC 31-30-1-4(d)." and insert "IC
	1093	+	31-30-1-4(b).".
	1094	+	ES 464—LS 7339/DI 148 26
	1095	+	Renumber all SECTIONS consecutively.
	1096	+	(Reference is to SB 464 as printed February 17, 2023.)
	1097	+	FREEMAN
	1098	+	_____
	1099	+	COMMITTEE REPORT
	1100	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	1101	+	which was referred Senate Bill 464, has had the same under
	1102	+	consideration and begs leave to report the same back to the House with
	1103	+	the recommendation that said bill be amended as follows:
	1104	+	Page 2, line 40, delete "IC 31-30-1-4(b) for child molesting" and
	1105	+	insert "IC 31-30-1-4(d) for an offense described in subsection (a)".
	1106	+	Page 3, between lines 15 and 16, begin a new paragraph and insert:
	1107	+	"(d) A person ordered to register under subsection (b)(2) may
	1108	+	petition the court to reconsider the order at any time after
	1109	+	completing court ordered sex offender treatment. The court shall
	1110	+	consider expert testimony concerning whether a child or person is
	1111	+	likely to repeat an offense described in subsection (a) or an act that
	1112	+	would be an offense described in subsection (a) if committed by an
	1113	+	adult.".
	1114	+	Page 4, line 32, delete "IC 31-30-1-4(b) for child molesting" and
	1115	+	insert "IC 31-30-1-4(d) for an offense described in subsection (a)".
	1116	+	Page 5, delete lines 8 through 42, begin a new paragraph and insert:
	1117	+	"(d) A person ordered to register under subsection (b)(2) may
	1118	+	petition the court to reconsider the order at any time after
	1119	+	completing court ordered sex offender treatment. The court shall
	1120	+	consider expert testimony concerning whether a child or person is
	1121	+	likely to repeat an offense described in subsection (a) or an act that
	1122	+	would be an offense described in subsection (a) if committed by an
	1123	+	adult.
	1124	+	SECTION 3. IC 29-3-2-1, AS AMENDED BY P.L.178-2011,
	1125	+	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1126	+	JULY 1, 2023]: Sec. 1. (a) This article applies to the following:
	1127	+	(1) The business affairs, physical person, and property of every
	1128	+	incapacitated person and minor residing in Indiana.
	1129	+	(2) Property located in Indiana of every incapacitated person and
	1130	+	minor residing outside Indiana.
	1131	+	(3) Property of every incapacitated person or minor, regardless of
	1132	+	ES 464—LS 7339/DI 148 27
	1133	+	where the property is located, coming into the control of a
	1134	+	fiduciary who is subject to the laws of Indiana.
	1135	+	(b) Except as provided in subsections (c) through (e), the court has
	1136	+	exclusive original jurisdiction with respect to an individual who is not
	1137	+	an adult (as defined in IC 29-3.5-1-2(1)) over all matters concerning
	1138	+	the following:
	1139	+	(1) Guardians.
	1140	+	(2) Protective proceedings under IC 29-3-4.
	1141	+	In the case of an adult (as defined in IC 29-3.5-1-2(1)), a court must
	1142	+	establish jurisdiction concerning a guardianship or a protective
	1143	+	proceeding in accordance with IC 29-3.5-2.
	1144	+	(c) A juvenile court has exclusive original jurisdiction over matters
	1145	+	relating to the following:
	1146	+	(1) Minors described in IC 31-30-1-1.
	1147	+	(2) Matters related to guardians of the person and guardianships
	1148	+	of the person described in IC 31-30-1-1(10). IC 31-30-1-1(a)(10).
	1149	+	(d) Except as provided in subsection (c), courts with child custody
	1150	+	jurisdiction under:
	1151	+	(1) IC 31-14-10;
	1152	+	(2) IC 31-17-2-1; or
	1153	+	(3) IC 31-21-5 (or IC 31-17-3-3 before its repeal);
	1154	+	have original and continuing jurisdiction over custody matters relating
	1155	+	to minors.
	1156	+	(e) A mental health division of a superior court under IC 33-33-49
	1157	+	has jurisdiction concurrent with the court in mental health proceedings
	1158	+	under IC 12-26 relating to guardianship and protective orders.
	1159	+	(f) Jurisdiction under this section is not dependent on issuance or
	1160	+	service of summons.
	1161	+	SECTION 4. IC 31-25-2-7, AS AMENDED BY P.L.104-2015,
	1162	+	SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1163	+	JULY 1, 2023]: Sec. 7. (a) The department is responsible for the
	1164	+	following:
	1165	+	(1) Providing child protection services under this article.
	1166	+	(2) Providing and administering child abuse and neglect
	1167	+	prevention services.
	1168	+	(3) Providing and administering child services.
	1169	+	(4) Providing and administering family services.
	1170	+	(5) Providing family preservation services under IC 31-26-5.
	1171	+	(6) Regulating and licensing the following under IC 31-27:
	1172	+	(A) Child caring institutions.
	1173	+	(B) Foster family homes.
	1174	+	(C) Group homes.
	1175	+	ES 464—LS 7339/DI 148 28
	1176	+	(D) Child placing agencies.
	1177	+	(7) Administering the state's plan for the administration of Title
	1178	+	IV-D of the federal Social Security Act (42 U.S.C. 651 et seq.).
	1179	+	(8) Administering foster care services.
	1180	+	(9) Administering successful adulthood services (as described in
	1181	+	42 U.S.C. 677 et seq.).
	1182	+	(10) Administering adoption and guardianship services.
	1183	+	(11) Certifying and providing grants to the youth services bureaus
	1184	+	under IC 31-26-1.
	1185	+	(12) Administering the project safe program.
	1186	+	(13) Paying for programs and services as provided under
	1187	+	IC 31-40.
	1188	+	(14) Obtaining on an annual basis a consumer report, as defined
	1189	+	in 42 U.S.C. 1681a(d), for each child at least fourteen (14) years
	1190	+	of age who is in state foster care.
	1191	+	(b) This chapter does not authorize or require the department to:
	1192	+	(1) investigate or report on proceedings under IC 31-17-2 relating
	1193	+	to a child who is not the subject of an open child in need of
	1194	+	services case under IC 31-34; or
	1195	+	(2) otherwise monitor child custody or visitation in dissolution of
	1196	+	marriage proceedings.
	1197	+	(c) This chapter does not authorize or require the department to:
	1198	+	(1) conduct home studies; or
	1199	+	(2) otherwise participate in guardianship proceedings under
	1200	+	IC 29-3;
	1201	+	other than those over which the juvenile court has jurisdiction under
	1202	+	IC 29-3-2-1(c) or IC 31-30-1-1(10). IC 31-30-1-1(a)(10).
	1203	+	SECTION 5. IC 31-30-1-0.1, AS ADDED BY P.L.220-2011,
	1204	+	SECTION 508, IS AMENDED TO READ AS FOLLOWS
	1205	+	[EFFECTIVE JULY 1, 2023]: Sec. 0.1. The following amendments to
	1206	+	this chapter apply as follows:
	1207	+	(1) The amendments made to section 1 section 1(a) of this
	1208	+	chapter by P.L.217-2001 apply to all proceedings pending under
	1209	+	IC 31-34 on July 1, 2001, and to all proceedings commenced
	1210	+	under IC 31-34 after June 30, 2001.
	1211	+	(2) The amendments made to section 2.5 of this chapter by
	1212	+	P.L.131-2009 apply to proceedings pending on or initiated on or
	1213	+	after May 12, 2009.
	1214	+	SECTION 6. IC 31-30-1-1, AS AMENDED BY P.L.172-2022,
	1215	+	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1216	+	JULY 1, 2023]: Sec. 1. (a) A juvenile court has exclusive original
	1217	+	jurisdiction, except as provided in sections 9, 10, 12, and 13 of this
	1218	+	ES 464—LS 7339/DI 148 29
	1219	+	chapter, in the following:
	1220	+	(1) Proceedings in which a child, including a child of divorced
	1221	+	parents, is alleged to be a delinquent child under IC 31-37.
	1222	+	(2) Proceedings in which a child, including a child of divorced
	1223	+	parents, is alleged to be a child in need of services under
	1224	+	IC 31-34.
	1225	+	(3) Proceedings concerning the paternity of a child under
	1226	+	IC 31-14.
	1227	+	(4) Proceedings under the interstate compact on juveniles under
	1228	+	IC 31-37-23.
	1229	+	(5) Proceedings governing the participation of a parent, guardian,
	1230	+	or custodian in a program of care, treatment, or rehabilitation for
	1231	+	a child under IC 31-34-20 or IC 31-37-15.
	1232	+	(6) Proceedings under IC 31-34-4, IC 31-34-5, IC 31-37-5, and
	1233	+	IC 31-37-6 governing the detention of a child before a petition has
	1234	+	been filed.
	1235	+	(7) Proceedings to issue a protective order under IC 31-32-13.
	1236	+	(8) Proceedings in which a child less than sixteen (16) years of
	1237	+	age is alleged to have committed an act that would be a
	1238	+	misdemeanor traffic offense if committed by an adult.
	1239	+	(9) Proceedings in which a child is alleged to have committed an
	1240	+	act that would be an offense under IC 9-30-5 if committed by an
	1241	+	adult.
	1242	+	(10) Guardianship of the person proceedings for a child:
	1243	+	(A) who has been adjudicated as a child in need of services;
	1244	+	(B) for whom a juvenile court has approved a permanency
	1245	+	plan under IC 31-34-21-7 that provides for the appointment of
	1246	+	a guardian of the person; and
	1247	+	(C) who is the subject of a pending child in need of services
	1248	+	proceeding under IC 31-34.
	1249	+	(11) Proceedings concerning involuntary drug and alcohol
	1250	+	treatment under IC 31-32-16.
	1251	+	(12) Proceedings under the interstate compact for juveniles under
	1252	+	IC 11-13-4.5-1.5.
	1253	+	(13) Proceedings under IC 31-28-5.8.
	1254	+	(14) Other proceedings specified by law.
	1255	+	(b) A juvenile court has jurisdiction over a person who is at least
	1256	+	twenty-one (21) years of age for an alleged offense:
	1257	+	(1) committed while the person was a child; and
	1258	+	(2) that could not have been waived under IC 31-30-3.
	1259	+	SECTION 7. IC 31-30-1-4, AS AMENDED BY P.L.175-2022,
	1260	+	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1261	+	ES 464—LS 7339/DI 148 30
	1262	+	JULY 1, 2023]: Sec. 4. (a) The juvenile court does not have jurisdiction
	1263	+	over an individual for an alleged violation of:
	1264	+	(1) IC 35-41-5-1(a) (attempted murder);
	1265	+	(2) IC 35-42-1-1 (murder);
	1266	+	(3) IC 35-42-3-2 (kidnapping);
	1267	+	(4) IC 35-42-4-1 (rape);
	1268	+	(5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
	1269	+	(6) IC 35-42-5-1 (robbery) if:
	1270	+	(A) the robbery was committed while armed with a deadly
	1271	+	weapon; or
	1272	+	(B) the robbery results in bodily injury or serious bodily
	1273	+	injury;
	1274	+	(7) IC 35-42-5-2 (carjacking) (before its repeal);
	1275	+	(8) IC 35-47-2-1.5 (unlawful carrying of a handgun), if charged
	1276	+	as a felony;
	1277	+	(9) IC 35-47-10 (children and firearms), if charged as a felony; or
	1278	+	(10) any offense that may be joined under IC 35-34-1-9(a)(2) with
	1279	+	any crime listed in this subsection;
	1280	+	if the individual was at least sixteen (16) years of age but less than
	1281	+	eighteen (18) years of age at the time of the alleged violation.
	1282	+	(b) Once an individual described in subsection (a) has been charged
	1283	+	with any offense listed in subsection (a), the court having adult
	1284	+	criminal jurisdiction shall retain jurisdiction over the case if the
	1285	+	individual pleads guilty to or is convicted of any offense listed in
	1286	+	subsection (a)(1) through (a)(9).
	1287	+	(c) If:
	1288	+	(1) an individual described in subsection (a) is charged with one
	1289	+	(1) or more offenses listed in subsection (a);
	1290	+	(2) all the charges under subsection (a)(1) through (a)(9) resulted
	1291	+	in an acquittal or were dismissed; and
	1292	+	(3) the individual pleads guilty to or is convicted of any offense
	1293	+	other than an offense listed in subsection (a)(1) through (a)(9);
	1294	+	the court having adult criminal jurisdiction may withhold judgment and
	1295	+	transfer jurisdiction to the juvenile court for adjudication and
	1296	+	disposition. In determining whether to transfer jurisdiction to the
	1297	+	juvenile court for adjudication and disposition, the court having adult
	1298	+	criminal jurisdiction shall consider whether there are appropriate
	1299	+	services available in the juvenile justice system, whether the child is
	1300	+	amenable to rehabilitation under the juvenile justice system, and
	1301	+	whether it is in the best interests of the safety and welfare of the
	1302	+	community that the child be transferred to juvenile court. All orders
	1303	+	concerning release conditions remain in effect until a juvenile court
	1304	+	ES 464—LS 7339/DI 148 31
	1305	+	detention hearing, which must be held not later than forty-eight (48)
	1306	+	hours, excluding Saturdays, Sundays, and legal holidays, after the order
	1307	+	of transfer of jurisdiction.
	1308	+	(d) A court having adult criminal jurisdiction, and not a juvenile
	1309	+	court, has jurisdiction over a person who is at least twenty-one (21)
	1310	+	years of age for an alleged offense:
	1311	+	(1) committed while the person was a child; and
	1312	+	(2) that could have been waived under IC 31-30-3.
	1313	+	SECTION 8. IC 31-30-2-1, AS AMENDED BY P.L.86-2017,
	1314	+	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1315	+	JULY 1, 2023]: Sec. 1. (a) Except as provided in subsections (b), (c),
	1316	+	and (h), the juvenile court's jurisdiction over a delinquent child or a
	1317	+	child in need of services and over the child's parent, guardian, or
	1318	+	custodian continues until:
	1319	+	(1) the child becomes twenty-one (21) years of age, unless the
	1320	+	court discharges the child and the child's parent, guardian, or
	1321	+	custodian at an earlier time; or
	1322	+	(2) guardianship of the child is awarded to the department of
	1323	+	correction.
	1324	+	(b) The juvenile court may, on its own motion, after guardianship of
	1325	+	a child is awarded to the department of correction, reinstate the court's
	1326	+	jurisdiction for the purpose of ordering the child's parent, guardian, or
	1327	+	custodian to participate in programs operated by or through the
	1328	+	department of correction.
	1329	+	(c) The juvenile court's jurisdiction over a parent or guardian of the
	1330	+	estate of a child under this section continues until the parent or
	1331	+	guardian of the estate has satisfied the financial obligation of the parent
	1332	+	or guardian of the estate that is imposed under IC 31-40 (or
	1333	+	IC 31-6-4-18 before its repeal).
	1334	+	(d) Except as provided in subsection (g), the jurisdiction of the
	1335	+	juvenile court over a proceeding described in IC 31-30-1-1(10)
	1336	+	IC 31-30-1-1(a)(10) for a guardianship of the person continues until
	1337	+	the earlier of the date that:
	1338	+	(1) the juvenile court terminates the guardianship of the person;
	1339	+	or
	1340	+	(2) the child becomes:
	1341	+	(A) nineteen (19) years of age, if a child who is at least
	1342	+	eighteen (18) years of age is a full-time student in a secondary
	1343	+	school or the equivalent level of vocational or career and
	1344	+	technical education; or
	1345	+	(B) eighteen (18) years of age, if clause (A) does not apply.
	1346	+	If the guardianship of the person continues after the child becomes the
	1347	+	ES 464—LS 7339/DI 148 32
	1348	+	age specified in subdivision (2), the juvenile court shall transfer the
	1349	+	guardianship of the person proceedings to a court having probate
	1350	+	jurisdiction in the county in which the guardian of the person resides.
	1351	+	If the juvenile court has both juvenile and probate jurisdiction, the
	1352	+	juvenile court may transfer the guardianship of the person proceedings
	1353	+	to the probate docket of the court.
	1354	+	(e) The jurisdiction of the juvenile court to enter, modify, or enforce
	1355	+	a support order under IC 31-40-1-5 continues during the time that the
	1356	+	court retains jurisdiction over a guardianship of the person proceeding
	1357	+	described in IC 31-30-1-1(10). IC 31-30-1-1(a)(10).
	1358	+	(f) At any time, a juvenile court may, with the consent of a probate
	1359	+	court, transfer to the probate court guardianship of the person
	1360	+	proceedings and any related support order initiated in the juvenile
	1361	+	court.
	1362	+	(g) A juvenile court may retain jurisdiction over an older youth, as
	1363	+	defined in IC 31-28-5.8-4, who is a recipient or beneficiary of:
	1364	+	(1) kinship guardianship assistance under Title IV-E of the federal
	1365	+	Social Security Act (42 U.S.C. 673), as amended; or
	1366	+	(2) other financial assistance provided to or for the benefit of a
	1367	+	child who:
	1368	+	(A) was previously adjudicated as a child in need of services
	1369	+	or delinquent child;
	1370	+	(B) is a protected person under a legal guardianship if
	1371	+	IC 29-3-8-9(f) applies; and
	1372	+	(C) is approved for assistance under a rule or published policy
	1373	+	of the department.
	1374	+	(h) Upon receipt of a motion under IC 31-37-22-11, the juvenile
	1375	+	court shall reinstate its jurisdiction to conduct a hearing and issue an
	1376	+	appropriate order in accordance with IC 31-37-22-11.".
	1377	+	Delete page 6.
	1378	+	Page 7, delete lines 1 through 15.
	1379	+	Page 7, line 19, strike "an".
	1380	+	Page 7, line 19, delete "act" and insert "act:".
	1381	+	Page 7, line 19, strike "that".
	1382	+	Page 7, line 20, strike "would be".
	1383	+	Page 7, delete lines 26 through 32, begin a new paragraph and
	1384	+	insert:
	1385	+	"SECTION 10. IC 35-38-1-7.1, AS AMENDED BY P.L.5-2019,
	1386	+	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1387	+	JULY 1, 2023]: Sec. 7.1. (a) In determining what sentence to impose
	1388	+	for a crime, the court may consider the following aggravating
	1389	+	circumstances:
	1390	+	ES 464—LS 7339/DI 148 33
	1391	+	(1) The harm, injury, loss, or damage suffered by the victim of an
	1392	+	offense was:
	1393	+	(A) significant; and
	1394	+	(B) greater than the elements necessary to prove the
	1395	+	commission of the offense.
	1396	+	(2) The person has a history of criminal or delinquent behavior.
	1397	+	(3) The victim of the offense was less than twelve (12) years of
	1398	+	age or at least sixty-five (65) years of age at the time the person
	1399	+	committed the offense.
	1400	+	(4) The person:
	1401	+	(A) committed a crime of violence (IC 35-50-1-2); and
	1402	+	(B) knowingly committed the offense in the presence or within
	1403	+	hearing of an individual who:
	1404	+	(i) was less than eighteen (18) years of age at the time the
	1405	+	person committed the offense; and
	1406	+	(ii) is not the victim of the offense.
	1407	+	(5) The person violated a protective order issued against the
	1408	+	person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
	1409	+	IC 34-4-5.1 before their repeal), a workplace violence restraining
	1410	+	order issued against the person under IC 34-26-6, or a no contact
	1411	+	order issued against the person.
	1412	+	(6) The person has recently violated the conditions of any
	1413	+	probation, parole, pardon, community corrections placement, or
	1414	+	pretrial release granted to the person.
	1415	+	(7) The victim of the offense was:
	1416	+	(A) a person with a disability (as defined in IC 27-7-6-12), and
	1417	+	the defendant knew or should have known that the victim was
	1418	+	a person with a disability; or
	1419	+	(B) mentally or physically infirm.
	1420	+	(8) The person was in a position having care, custody, or control
	1421	+	of the victim of the offense.
	1422	+	(9) The injury to or death of the victim of the offense was the
	1423	+	result of shaken baby syndrome (as defined in IC 16-41-40-2).
	1424	+	(10) The person threatened to harm the victim of the offense or a
	1425	+	witness if the victim or witness told anyone about the offense.
	1426	+	(11) The person:
	1427	+	(A) committed trafficking with an inmate under
	1428	+	IC 35-44.1-3-5; and
	1429	+	(B) is an employee of the penal facility.
	1430	+	(12) The person committed the offense with bias due to the
	1431	+	victim's or the group's real or perceived characteristic, trait, belief,
	1432	+	practice, association, or other attribute the court chooses to
	1433	+	ES 464—LS 7339/DI 148 34
	1434	+	consider, including but not limited to an attribute described in
	1435	+	IC 10-13-3-1.
	1436	+	(b) The court may consider the following factors as mitigating
	1437	+	circumstances or as favoring suspending the sentence and imposing
	1438	+	probation:
	1439	+	(1) The crime neither caused nor threatened serious harm to
	1440	+	persons or property, or the person did not contemplate that it
	1441	+	would do so.
	1442	+	(2) The crime was the result of circumstances unlikely to recur.
	1443	+	(3) The victim of the crime induced or facilitated the offense.
	1444	+	(4) There are substantial grounds tending to excuse or justify the
	1445	+	crime, though failing to establish a defense.
	1446	+	(5) The person acted under strong provocation.
	1447	+	(6) The person has no history of delinquency or criminal activity,
	1448	+	or the person has led a law-abiding life for a substantial period
	1449	+	before commission of the crime.
	1450	+	(7) The person is likely to respond affirmatively to probation or
	1451	+	short term imprisonment.
	1452	+	(8) The character and attitudes of the person indicate that the
	1453	+	person is unlikely to commit another crime.
	1454	+	(9) The person has made or will make restitution to the victim of
	1455	+	the crime for the injury, damage, or loss sustained.
	1456	+	(10) Imprisonment of the person will result in undue hardship to
	1457	+	the person or the dependents of the person.
	1458	+	(11) The person was convicted of a crime involving the use of
	1459	+	force against a person who had repeatedly inflicted physical or
	1460	+	sexual abuse upon the convicted person and evidence shows that
	1461	+	the convicted person suffered from the effects of battery as a
	1462	+	result of the past course of conduct of the individual who is the
	1463	+	victim of the crime for which the person was convicted.
	1464	+	(12) The person was convicted of a crime relating to a controlled
	1465	+	substance and the person's arrest or prosecution was facilitated in
	1466	+	part because the person:
	1467	+	(A) requested emergency medical assistance; or
	1468	+	(B) acted in concert with another person who requested
	1469	+	emergency medical assistance;
	1470	+	for an individual who reasonably appeared to be in need of
	1471	+	medical assistance due to the use of alcohol or a controlled
	1472	+	substance.
	1473	+	(13) The person has posttraumatic stress disorder, traumatic brain
	1474	+	injury, or a postconcussive brain injury.
	1475	+	(14) The person is a person described in IC 31-30-1-4(d) who
	1476	+	ES 464—LS 7339/DI 148 35
	1477	+	committed the offense while the person was a child but is now
	1478	+	at least twenty-one (21) years of age.
	1479	+	(c) The criteria listed in subsections (a) and (b) do not limit the
	1480	+	matters that the court may consider in determining the sentence.
	1481	+	(d) A court may impose any sentence that is:
	1482	+	(1) authorized by statute; and
	1483	+	(2) permissible under the Constitution of the State of Indiana;
	1484	+	regardless of the presence or absence of aggravating circumstances or
	1485	+	mitigating circumstances.
	1486	+	(e) If a court suspends a sentence and orders probation for a person
	1487	+	described in subsection (b)(13), the court may require the person to
	1488	+	receive treatment for the person's injuries.".
	1489	+	Page 10, line 29, delete "child" and insert "an offense filed in adult
	1490	+	court under IC 31-30-1-4(d), unless the offense is murder (IC
	1491	+	35-42-1-1).".
	1492	+	Page 10, delete line 30.
	1493	+	Renumber all SECTIONS consecutively.
	1494	+	and when so amended that said bill do pass.
	1495	+	(Reference is to SB 464 as reprinted February 21, 2023.)
	1496	+	MCNAMARA
	1497	+	Committee Vote: yeas 11, nays 2.
	1498	+	ES 464—LS 7339/DI 148