Indiana 2024 Regular Session

Indiana House Bill HB1053 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB1053.1~~
2		-	~~January 25, 2024~~
	1	+
	2	+	Introduced Version
3	3		HOUSE BILL No. 1053
4	4		_____
5		-	DIGEST OF ~~HB 1053 (Updated January 24, 2024 1:20 pm - DI 106)~~
6		-	Citations Affected: IC 35-48.
7		-	Synopsis: ~~Test strips~~. Removes ~~provisions related to testing the~~
8		-	strength, effectiveness, or purity of a ~~controlled substance in the~~
9		-	criminal laws concerning possession of ~~controlled substance~~
10		-	paraphernalia.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 35-48-4.
	7	+	Synopsis: Possession of controlled substance paraphernalia. Removes
	8	+	provisions related to testing the strength, effectiveness, or purity of a
	9	+	controlled substance in the criminal laws concerning possession of
	10	+	controlled substance paraphernalia.
11	11		Effective: July 1, 2024.
12		-	Garcia Wilburn, Meltzer, Negele,
13		-	Miller K
	12	+	Garcia Wilburn, Meltzer, Negele
14	13		January 8, 2024, read first time and referred to Committee on Courts and Criminal Code.
15		-	January 25, 2024, reported — Do Pass.
16		-	HB 1053—LS 6340/DI 151 January 25, 2024
	14	+	2024 IN 1053—LS 6340/DI 151 Introduced
17	15		Second Regular Session of the 123rd General Assembly (2024)
18	16		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	17		Constitution) is being amended, the text of the existing provision will appear in this style type,
20	18		additions will appear in this style type, and deletions will appear in this style type.
21	19		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	20		provision adopted), the text of the new provision will appear in this style type. Also, the
23	21		word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	22		a new provision to the Indiana Code or the Indiana Constitution.
25	23		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	24		between statutes enacted by the 2023 Regular Session of the General Assembly.
27	25		HOUSE BILL No. 1053
28	26		A BILL FOR AN ACT to amend the Indiana Code concerning
29	27		criminal law and procedure.
30	28		Be it enacted by the General Assembly of the State of Indiana:
31	29		1 SECTION 1. IC 35-48-4-8.1, AS AMENDED BY P.L.158-2013,
32	30		2 SECTION 634, IS AMENDED TO READ AS FOLLOWS
33	31		3 [EFFECTIVE JULY 1, 2024]: Sec. 8.1. (a) A person who
34	32		4 manufactures, finances the manufacture of, or designs an instrument,
35	33		5 a device, or other object that is intended to be used primarily for:
36	34		6 (1) introducing into the human body a controlled substance; or
37	35		7 (2) testing the strength, effectiveness, or purity of a controlled
38	36		8 substance; or
39	37		9 (3) (2) enhancing the effect of a controlled substance;
40	38		10 in violation of this chapter commits a Class A infraction for
41	39		11 manufacturing paraphernalia.
42	40		12 (b) A person who:
43	41		13 (1) knowingly or intentionally violates this section; and
44	42		14 (2) has a previous judgment for violation of this section;
45	43		15 commits manufacture of paraphernalia, a Level 6 felony.
46	44		16 SECTION 2. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
47	45		17 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
48		-	HB 1053—LS 6340/DI 151 2
	46	+	2024 IN 1053—LS 6340/DI 151 2
49	47		1 JULY 1, 2024]: Sec. 8.3. (a) This section does not apply to a rolling
50	48		2 paper.
51	49		3 (b) A person who knowingly or intentionally possesses an
52	50		4 instrument, a device, or another object that the person intends to use
53	51		5 for:
54	52		6 (1) introducing into the person's body a controlled substance; or
55	53		7 (2) testing the strength, effectiveness, or purity of a controlled
56	54		8 substance; or
57	55		9 (3) (2) enhancing the effect of a controlled substance;
58	56		10 commits a Class C misdemeanor. However, the offense is a Class A
59	57		11 misdemeanor if the person has a prior unrelated judgment or conviction
60	58		12 under this section.
61	59		13 SECTION 3. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
62	60		14 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
63	61		15 JULY 1, 2024]: Sec. 8.5. (a) A person who keeps for sale, offers for
64	62		16 sale, delivers, or finances the delivery of a raw material, an instrument,
65	63		17 a device, or other object that is intended to be or that is designed or
66	64		18 marketed to be used primarily for:
67	65		19 (1) ingesting, inhaling, or otherwise introducing into the human
68	66		20 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
69	67		21 controlled substance;
70	68		22 (2) testing the strength, effectiveness, or purity of marijuana, hash
71	69		23 oil, hashish, salvia, a synthetic drug, or a controlled substance;
72	70		24 (3) (2) enhancing the effect of a controlled substance;
73	71		25 (4) (3) manufacturing, compounding, converting, producing,
74	72		26 processing, or preparing marijuana, hash oil, hashish, salvia, a
75	73		27 synthetic drug, or a controlled substance;
76	74		28 (5) (4) diluting or adulterating marijuana, hash oil, hashish, salvia,
77	75		29 a synthetic drug, or a controlled substance by individuals; or
78	76		30 (6) (5) any purpose announced or described by the seller that is in
79	77		31 violation of this chapter;
80	78		32 commits a Class A infraction for dealing in paraphernalia.
81	79		33 (b) A person who knowingly or intentionally violates subsection (a)
82	80		34 commits a Class A misdemeanor. However, the offense is a Level 6
83	81		35 felony if the person has a prior unrelated judgment or conviction under
84	82		36 this section.
85	83		37 (c) This section does not apply to the following:
86	84		38 (1) Items marketed for use in the preparation, compounding,
87	85		39 packaging, labeling, or other use of marijuana, hash oil, hashish,
88	86		40 salvia, a synthetic drug, or a controlled substance as an incident
89	87		41 to lawful research, teaching, or chemical analysis and not for sale.
90	88		42 (2) Items marketed for or historically and customarily used in
91		-	HB 1053—LS 6340/DI 151 3
	89	+	2024 IN 1053—LS 6340/DI 151 3
92	90		1 connection with the planting, propagating, cultivating, growing,
93	91		2 harvesting, manufacturing, compounding, converting, producing,
94	92		3 processing, preparing, testing, analyzing, packaging, repackaging,
95	93		4 storing, containing, concealing, injecting, ingesting, or inhaling
96	94		5 of tobacco or any other lawful substance.
97	95		6 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
98	96		7 a syringe or needle as part of a program under IC 16-41-7.5.
99	97		8 (4) Any entity or person that provides funding to a qualified entity
100	98		9 (as defined in IC 16-41-7.5-3) to operate a program described in
101	99		10 IC 16-41-7.5.
102		-	HB 1053—LS 6340/DI 151 4
103		-	COMMITTEE REPORT
104		-	Mr. Speaker: Your Committee on Courts and Criminal Code, to
105		-	which was referred House Bill 1053, has had the same under
106		-	consideration and begs leave to report the same back to the House with
107		-	the recommendation that said bill do pass.
108		-	(Reference is to HB 1053 as introduced.)
109		-	MCNAMARA
110		-	Committee Vote: Yeas 12, Nays 0
111		-	HB 1053—LS 6340/DI 151
	100	+	2024 IN 1053—LS 6340/DI 151