| 1 | 1 | | |
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| 2 | 2 | | Introduced Version |
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| 3 | 3 | | HOUSE BILL No. 1057 |
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| 4 | 4 | | _____ |
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| 5 | 5 | | DIGEST OF INTRODUCED BILL |
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| 6 | 6 | | Citations Affected: IC 35-42-4-11. |
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| 7 | 7 | | Synopsis: Offender against children residency restrictions. Provides |
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| 8 | 8 | | that an offender against children who knowingly or intentionally |
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| 9 | 9 | | resides within 1,000 feet of certain areas owned, maintained, and |
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| 10 | 10 | | governed by a homeowners association or property owner's association |
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| 11 | 11 | | commits a sex offender residency offense, a Level 6 felony. Provides |
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| 12 | 12 | | an exception. |
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| 13 | 13 | | Effective: July 1, 2024. |
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| 14 | 14 | | Olthoff |
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| 15 | 15 | | January 8, 2024, read first time and referred to Committee on Courts and Criminal Code. |
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| 16 | 16 | | 2024 IN 1057—LS 6276/DI 149 Introduced |
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| 17 | 17 | | Second Regular Session of the 123rd General Assembly (2024) |
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| 18 | 18 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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| 19 | 19 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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| 20 | 20 | | additions will appear in this style type, and deletions will appear in this style type. |
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| 21 | 21 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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| 22 | 22 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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| 23 | 23 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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| 24 | 24 | | a new provision to the Indiana Code or the Indiana Constitution. |
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| 25 | 25 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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| 26 | 26 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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| 27 | 27 | | HOUSE BILL No. 1057 |
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| 28 | 28 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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| 29 | 29 | | criminal law and procedure. |
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| 30 | 30 | | Be it enacted by the General Assembly of the State of Indiana: |
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| 31 | 31 | | 1 SECTION 1. IC 35-42-4-11, AS AMENDED BY P.L.142-2020, |
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| 32 | 32 | | 2 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 33 | 33 | | 3 JULY 1, 2024]: Sec. 11. (a) As used in this section, and except as |
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| 34 | 34 | | 4 provided in subsection (d), "offender against children" means a person |
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| 35 | 35 | | 5 required to register as a sex or violent offender under IC 11-8-8 who |
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| 36 | 36 | | 6 has been: |
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| 37 | 37 | | 7 (1) found to be a sexually violent predator under IC 35-38-1-7.5; |
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| 38 | 38 | | 8 or |
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| 39 | 39 | | 9 (2) convicted of one (1) or more of the following offenses: |
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| 40 | 40 | | 10 (A) Child molesting (IC 35-42-4-3). |
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| 41 | 41 | | 11 (B) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)). |
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| 42 | 42 | | 12 (C) Child solicitation (IC 35-42-4-6). |
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| 43 | 43 | | 13 (D) Child seduction (IC 35-42-4-7). |
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| 44 | 44 | | 14 (E) Kidnapping (IC 35-42-3-2), if the victim is less than |
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| 45 | 45 | | 15 eighteen (18) years of age, and the person is not the child's |
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| 46 | 46 | | 16 parent or guardian. |
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| 47 | 47 | | 17 A person is an offender against children by operation of law if the |
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| 48 | 48 | | 2024 IN 1057—LS 6276/DI 149 2 |
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| 49 | 49 | | 1 person meets the conditions described in subdivision (1) or (2) at any |
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| 50 | 50 | | 2 time. |
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| 51 | 51 | | 3 (b) As used in this section, "reside" means to spend more than three |
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| 52 | 52 | | 4 (3) nights in: |
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| 53 | 53 | | 5 (1) a residence; or |
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| 54 | 54 | | 6 (2) if the person does not reside in a residence, a particular |
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| 55 | 55 | | 7 location; |
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| 56 | 56 | | 8 in any thirty (30) day period. |
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| 57 | 57 | | 9 (c) Except as provided in subsection (e), an offender against |
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| 58 | 58 | | 10 children who knowingly or intentionally: |
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| 59 | 59 | | 11 (1) resides within one thousand (1,000) feet of: |
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| 60 | 60 | | 12 (A) school property, not including property of an institution |
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| 61 | 61 | | 13 providing post-secondary education; |
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| 62 | 62 | | 14 (B) a youth program center; |
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| 63 | 63 | | 15 (C) a public park; or |
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| 64 | 64 | | 16 (D) a day care center licensed under IC 12-17.2; or |
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| 65 | 65 | | 17 (E) a: |
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| 66 | 66 | | 18 (i) park; |
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| 67 | 67 | | 19 (ii) playground; |
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| 68 | 68 | | 20 (iii) swimming pool; or |
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| 69 | 69 | | 21 (iv) beach; |
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| 70 | 70 | | 22 owned, maintained, and governed by a homeowners |
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| 71 | 71 | | 23 association (as defined in IC 32-25.5-2-4) or property |
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| 72 | 72 | | 24 owners association; |
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| 73 | 73 | | 25 (2) establishes a residence within one (1) mile of the residence of |
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| 74 | 74 | | 26 the victim of the offender's sex offense; or |
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| 75 | 75 | | 27 (3) resides in a residence where a child care provider (as defined |
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| 76 | 76 | | 28 by IC 31-33-26-1) provides child care services; |
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| 77 | 77 | | 29 commits a sex offender residency offense, a Level 6 felony. |
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| 78 | 78 | | 30 (d) This subsection does not apply to an offender against children |
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| 79 | 79 | | 31 who has two (2) or more unrelated convictions for an offense described |
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| 80 | 80 | | 32 in subsection (a). A person who is an offender against children may |
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| 81 | 81 | | 33 petition the court to consider whether the person should no longer be |
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| 82 | 82 | | 34 considered an offender against children. The person may file a petition |
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| 83 | 83 | | 35 under this subsection not earlier than ten (10) years after the person is |
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| 84 | 84 | | 36 released from incarceration or parole, whichever occurs last (or, if the |
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| 85 | 85 | | 37 person is not incarcerated, not earlier than ten (10) years after the |
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| 86 | 86 | | 38 person is released from probation). A person may file a petition under |
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| 87 | 87 | | 39 this subsection not more than one (1) time per year. A court may |
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| 88 | 88 | | 40 dismiss a petition filed under this subsection or conduct a hearing to |
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| 89 | 89 | | 41 determine if the person should no longer be considered an offender |
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| 90 | 90 | | 42 against children. If the court conducts a hearing, the court shall appoint |
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| 91 | 91 | | 2024 IN 1057—LS 6276/DI 149 3 |
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| 92 | 92 | | 1 two (2) psychologists or psychiatrists who have expertise in criminal |
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| 93 | 93 | | 2 behavioral disorders to evaluate the person and testify at the hearing. |
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| 94 | 94 | | 3 After conducting the hearing and considering the testimony of the two |
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| 95 | 95 | | 4 (2) psychologists or psychiatrists, the court shall determine whether the |
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| 96 | 96 | | 5 person should no longer be considered an offender against children. If |
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| 97 | 97 | | 6 a court finds that the person should no longer be considered an offender |
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| 98 | 98 | | 7 against children, the court shall send notice to the department of |
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| 99 | 99 | | 8 correction that the person is no longer considered an offender against |
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| 100 | 100 | | 9 children. |
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| 101 | 101 | | 10 (e) Subsection (c)(1)(E) does not apply to an offender against |
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| 102 | 102 | | 11 children who has established a residence within one thousand |
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| 103 | 103 | | 12 (1,000) feet of an area described in subsection (c)(1)(E) before July |
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| 104 | 104 | | 13 1, 2024, and has continuously resided at that residence. |
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| 105 | 105 | | 2024 IN 1057—LS 6276/DI 149 |
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