Introduced Version
HOUSE BILL No. 1057
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-42-4-11.
Synopsis: Offender against children residency restrictions. Provides
that an offender against children who knowingly or intentionally
resides within 1,000 feet of certain areas owned, maintained, and
governed by a homeowners association or property owner's association
commits a sex offender residency offense, a Level 6 felony. Provides
an exception.
Effective: July 1, 2024.
Olthoff
January 8, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024 IN 1057—LS 6276/DI 149 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1057
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-42-4-11, AS AMENDED BY P.L.142-2020,
2 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 11. (a) As used in this section, and except as
4 provided in subsection (d), "offender against children" means a person
5 required to register as a sex or violent offender under IC 11-8-8 who
6 has been:
7 (1) found to be a sexually violent predator under IC 35-38-1-7.5;
8 or
9 (2) convicted of one (1) or more of the following offenses:
10 (A) Child molesting (IC 35-42-4-3).
11 (B) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
12 (C) Child solicitation (IC 35-42-4-6).
13 (D) Child seduction (IC 35-42-4-7).
14 (E) Kidnapping (IC 35-42-3-2), if the victim is less than
15 eighteen (18) years of age, and the person is not the child's
16 parent or guardian.
17 A person is an offender against children by operation of law if the
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1 person meets the conditions described in subdivision (1) or (2) at any
2 time.
3 (b) As used in this section, "reside" means to spend more than three
4 (3) nights in:
5 (1) a residence; or
6 (2) if the person does not reside in a residence, a particular
7 location;
8 in any thirty (30) day period.
9 (c) Except as provided in subsection (e), an offender against
10 children who knowingly or intentionally:
11 (1) resides within one thousand (1,000) feet of:
12 (A) school property, not including property of an institution
13 providing post-secondary education;
14 (B) a youth program center;
15 (C) a public park; or
16 (D) a day care center licensed under IC 12-17.2; or
17 (E) a:
18 (i) park;
19 (ii) playground;
20 (iii) swimming pool; or
21 (iv) beach;
22 owned, maintained, and governed by a homeowners
23 association (as defined in IC 32-25.5-2-4) or property
24 owners association;
25 (2) establishes a residence within one (1) mile of the residence of
26 the victim of the offender's sex offense; or
27 (3) resides in a residence where a child care provider (as defined
28 by IC 31-33-26-1) provides child care services;
29 commits a sex offender residency offense, a Level 6 felony.
30 (d) This subsection does not apply to an offender against children
31 who has two (2) or more unrelated convictions for an offense described
32 in subsection (a). A person who is an offender against children may
33 petition the court to consider whether the person should no longer be
34 considered an offender against children. The person may file a petition
35 under this subsection not earlier than ten (10) years after the person is
36 released from incarceration or parole, whichever occurs last (or, if the
37 person is not incarcerated, not earlier than ten (10) years after the
38 person is released from probation). A person may file a petition under
39 this subsection not more than one (1) time per year. A court may
40 dismiss a petition filed under this subsection or conduct a hearing to
41 determine if the person should no longer be considered an offender
42 against children. If the court conducts a hearing, the court shall appoint
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1 two (2) psychologists or psychiatrists who have expertise in criminal
2 behavioral disorders to evaluate the person and testify at the hearing.
3 After conducting the hearing and considering the testimony of the two
4 (2) psychologists or psychiatrists, the court shall determine whether the
5 person should no longer be considered an offender against children. If
6 a court finds that the person should no longer be considered an offender
7 against children, the court shall send notice to the department of
8 correction that the person is no longer considered an offender against
9 children.
10 (e) Subsection (c)(1)(E) does not apply to an offender against
11 children who has established a residence within one thousand
12 (1,000) feet of an area described in subsection (c)(1)(E) before July
13 1, 2024, and has continuously resided at that residence.
2024 IN 1057—LS 6276/DI 149