Indiana 2024 Regular Session

Indiana House Bill HB1141 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1141
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-33-7.
7	7	Synopsis: Crimes against unborn child. Provides that a pregnant
8	8	woman charged with a drug crime may be referred to the forensic
9	9	diversion program or a drug court at an initial hearing.
10	10	Effective: July 1, 2024.
11	11	Goss-Reaves
12	12	January 8, 2024, read first time and referred to Committee on Courts and Criminal Code.
13	13	2024 IN 1141—LS 6706/DI 151 Introduced
14	14	Second Regular Session of the 123rd General Assembly (2024)
15	15	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
16	16	Constitution) is being amended, the text of the existing provision will appear in this style type,
17	17	additions will appear in this style type, and deletions will appear in this style type.
18	18	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
19	19	provision adopted), the text of the new provision will appear in this style type. Also, the
20	20	word NEW will appear in that style type in the introductory clause of each SECTION that adds
21	21	a new provision to the Indiana Code or the Indiana Constitution.
22	22	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
23	23	between statutes enacted by the 2023 Regular Session of the General Assembly.
24	24	HOUSE BILL No. 1141
25	25	A BILL FOR AN ACT to amend the Indiana Code concerning
26	26	criminal law and procedure.
27	27	Be it enacted by the General Assembly of the State of Indiana:
28	28	1 SECTION 1. IC 35-33-7-3 IS AMENDED TO READ AS
29	29	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) When a person
30	30	3 is arrested for a crime before a formal charge has been filed, an
31	31	4 information or indictment shall be filed or be prepared to be filed at or
32	32	5 before the initial hearing, unless the prosecuting attorney has informed
33	33	6 the court that there will be no charges filed in the case.
34	34	7 (b) If the prosecuting attorney states that more time is required to
35	35	8 evaluate the case and determine whether a charge should be filed, or if
36	36	9 it is necessary to transfer the person to another court, then the court
37	37	10 shall recess or continue the initial hearing for up to seventy-two (72)
38	38	11 hours, excluding intervening Saturdays, Sundays, and legal holidays.
39	39	12 (c) Before recessing the initial hearing and after the ex parte
40	40	13 probable cause determination has been made, the court shall inform a
41	41	14 defendant charged with a felony of the rights specified in subdivisions
42	42	15 (1), (2), (3), (4), and (5) of section 5 section 5(a)(1), 5(a)(2), 5(a)(3),
43	43	16 5(a)(4), and 5(a)(5) of this chapter.
44	44	17 SECTION 2. IC 35-33-7-5, AS AMENDED BY P.L.46-2018,
45	45	2024 IN 1141—LS 6706/DI 151 2
46	46	1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
47	47	2 JULY 1, 2024]: Sec. 5. (a) At the initial hearing of a person, the
48	48	3 judicial officer shall inform the person orally or in writing:
49	49	4 (1) that the person has a right to retain counsel and if the person
50	50	5 intends to retain counsel the person must do so within:
51	51	6 (A) twenty (20) days if the person is charged with a felony; or
52	52	7 (B) ten (10) days if the person is charged only with one (1) or
53	53	8 more misdemeanors;
54	54	9 after this initial hearing because there are deadlines for filing
55	55	10 motions and raising defenses, and if those deadlines are missed,
56	56	11 the legal issues and defenses that could have been raised will be
57	57	12 waived;
58	58	13 (2) that the person has a right to assigned counsel at no expense
59	59	14 to the person if the person is indigent;
60	60	15 (3) that the person has a right to a speedy trial;
61	61	16 (4) of the amount and conditions of bail;
62	62	17 (5) of the person's privilege against self-incrimination;
63	63	18 (6) of the nature of the charge against the person;
64	64	19 (7) that a preliminary plea of not guilty is being entered for the
65	65	20 person and the preliminary plea of not guilty will become a formal
66	66	21 plea of not guilty:
67	67	22 (A) twenty (20) days after the completion of the initial
68	68	23 hearing; or
69	69	24 (B) ten (10) days after the completion of the initial hearing if
70	70	25 the person is charged only with one (1) or more
71	71	26 misdemeanors;
72	72	27 unless the defendant enters a different plea; and
73	73	28 (8) that the person may request to petition for a specialized
74	74	29 driving privileges hearing if the person is charged with:
75	75	30 (A) any offense in which the operation of a motor vehicle is an
76	76	31 element of the offense;
77	77	32 (B) any offense under IC 9-30-5, IC 35-46-9, or IC 14-15-8
78	78	33 (before its repeal); or
79	79	34 (C) any offense under IC 35-42-1, IC 35-42-2, or
80	80	35 IC 35-44.1-3-1 that involves the use of a vehicle.
81	81	36 In addition, the judge shall direct the prosecuting attorney to give the
82	82	37 defendant or the defendant's attorney a copy of any formal felony
83	83	38 charges filed or ready to be filed. The judge shall, upon request of the
84	84	39 defendant, direct the prosecuting attorney to give the defendant or the
85	85	40 defendant's attorney a copy of any formal misdemeanor charges filed
86	86	41 or ready to be filed.
87	87	42 (b) This subsection applies to a pregnant woman charged with
88	88	2024 IN 1141—LS 6706/DI 151 3
89	89	1 a drug crime. If the woman is otherwise qualified, the judge may
90	90	2 refer the woman to the forensic diversion program (IC 11-12-3.7)
91	91	3 or a drug court (IC 33-23-16).
92	92	2024 IN 1141—LS 6706/DI 151