Indiana 2024 Regular Session

Indiana House Bill HB1203 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1203.2
	2	+	Reprinted
	3	+	February 20, 2024
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1203
	6	+	_____
	7	+	DIGEST OF HB 1203 (Updated February 19, 2024 2:59 pm - DI 106)
	8	+	Citations Affected: IC 35-48.
	9	+	Synopsis: Xylazine. Makes possession of xylazine a Class A
	10	+	misdemeanor, and increases the penalty to a Level 6 felony if the
	11	+	person has a prior xylazine related conviction. Makes dealing in
	12	+	xylazine a Level 5 felony, and increases the penalty to a Level 4 felony
	13	+	if the person has a prior xylazine related conviction. Exempts certain
	14	+	persons using, distributing, or manufacturing xylazine for veterinary
	15	+	purposes.
	16	+	Effective: July 1, 2024.
	17	+	Meltzer, Garcia Wilburn, Baird
	18	+	(SENATE SPONSORS — JOHNSON T, FREEMAN, CARRASCO)
	19	+	January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
	20	+	January 25, 2024, amended, reported — Do Pass.
	21	+	January 29, 2024, read second time, ordered engrossed. Engrossed.
	22	+	January 30, 2024, read third time, passed. Yeas 85, nays 12.
	23	+	SENATE ACTION
	24	+	February 7, 2024, read first time and referred to Committee on Corrections and Criminal
	25	+	Law.
	26	+	February 13, 2024, reported favorably — Do Pass.
	27	+	February 19, 2024, read second time, amended, ordered engrossed.
	28	+	EH 1203—LS 6290/DI 106 Reprinted
	29	+	February 20, 2024
1	30		Second Regular Session of the 123rd General Assembly (2024)
2	31		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	32		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	33		additions will appear in this style type, and deletions will appear in this style type.
5	34		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	35		provision adopted), the text of the new provision will appear in this style type. Also, the
7	36		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	37		a new provision to the Indiana Code or the Indiana Constitution.
9	38		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	39		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1203
12		-	AN ACT to amend the Indiana Code concerning criminal law and
13		-	procedure.
	40	+	ENGROSSED
	41	+	HOUSE BILL No. 1203
	42	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	43	+	criminal law and procedure.
14	44		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 35-48-4-18 IS ADDED TO THE INDIANA CODE
16		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17		-	1, 2024]: Sec. 18. (a) A person who knowingly or intentionally
18		-	possesses xylazine commits possession of xylazine, a Class A
19		-	misdemeanor. However, the offense is a Level 6 felony if the person
20		-	has a prior unrelated conviction under this section.
21		-	(b) A person who:
	45	+	1 SECTION 1. IC 35-48-4-18 IS ADDED TO THE INDIANA CODE
	46	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	47	+	3 1, 2024]: Sec. 18. (a) A person who knowingly or intentionally
	48	+	4 possesses xylazine commits possession of xylazine, a Class A
	49	+	5 misdemeanor. However, the offense is a Level 6 felony if the person
	50	+	6 has a prior unrelated conviction under this section.
	51	+	7 (b) A person who:
	52	+	8 (1) knowingly or intentionally:
	53	+	9 (A) manufactures;
	54	+	10 (B) finances the manufacture of;
	55	+	11 (C) delivers; or
	56	+	12 (D) finances the delivery of;
	57	+	13 xylazine; or
	58	+	14 (2) possesses, with intent to:
	59	+	15 (A) manufacture;
	60	+	16 (B) finance the manufacture of;
	61	+	17 (C) deliver; or
	62	+	EH 1203—LS 6290/DI 106 2
	63	+	1 (D) finance the delivery of;
	64	+	2 xylazine;
	65	+	3 commits dealing in xylazine, a Level 5 felony. However, the offense
	66	+	4 is a Level 4 felony if the person has a prior unrelated conviction
	67	+	5 under this section.
	68	+	6 (c) This section does not apply to one (1) or more of the
	69	+	7 following:
	70	+	8 (1) A person who dispenses, prescribes, or administers a drug
	71	+	9 containing xylazine to a nonhuman species, if:
	72	+	10 (A) the drug has been approved by the Secretary of Health
	73	+	11 and Human Services under section 512 of the federal Food,
	74	+	12 Drug, and Cosmetic Act (21 U.S.C. Sec. 360b); or
	75	+	13 (B) the dispensing, prescription, or administration of the
	76	+	14 drug is permissible under section 512(a)(4) of the federal
	77	+	15 Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360b(a)(4)).
	78	+	16 (2) A person who:
	79	+	17 (A) manufactures, distributes, or uses xylazine as an active
	80	+	18 pharmaceutical ingredient for manufacturing an animal
	81	+	19 drug approved under section 512 of the federal Food,
	82	+	20 Drug, and Cosmetic Act (21 U.S.C. Sec. 360b); or
	83	+	21 (B) has been issued an investigation use exemption for
	84	+	22 xylazine under section 512(j) of the federal Food, Drug,
	85	+	23 and Cosmetic Act (21 U.S.C. Sec. 360b(j)).
	86	+	24 (3) A person who manufactures, distributes, or uses a xylazine
	87	+	25 bulk chemical for pharmaceutical compounding by a licensed
	88	+	26 pharmacist or veterinarian.
	89	+	27 (4) A person who uses xylazine for another purpose approved
	90	+	28 or permitted under the federal Food, Drug, and Cosmetic Act.
	91	+	29 (5) A person who:
	92	+	30 (A) possesses xylazine for the purpose of engaging in an
	93	+	31 activity permitted under this section; or
	94	+	32 (B) delivers or transports xylazine from a person described
	95	+	33 in subdivisions (1) through (5)(A) to another person
	96	+	34 described in subdivisions (1) through (5)(A).
	97	+	EH 1203—LS 6290/DI 106 3
	98	+	COMMITTEE REPORT
	99	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	100	+	which was referred House Bill 1203, has had the same under
	101	+	consideration and begs leave to report the same back to the House with
	102	+	the recommendation that said bill be amended as follows:
	103	+	Delete everything after the enacting clause and insert the following:
	104	+	(SEE TEXT OF BILL)
	105	+	and when so amended that said bill do pass.
	106	+	(Reference is to HB 1203 as introduced.)
	107	+	MCNAMARA
	108	+	Committee Vote: yeas 11, nays 1.
	109	+	_____
	110	+	COMMITTEE REPORT
	111	+	Madam President: The Senate Committee on Corrections and
	112	+	Criminal Law, to which was referred House Bill No. 1203, has had the
	113	+	same under consideration and begs leave to report the same back to the
	114	+	Senate with the recommendation that said bill DO PASS.
	115	+	(Reference is to HB 1203 as printed January 25, 2024.)
	116	+
	117	+	FREEMAN, Chairperson
	118	+	Committee Vote: Yeas 5, Nays 1
	119	+	_____
	120	+	SENATE MOTION
	121	+	Madam President: I move that Engrossed House Bill 1203 be
	122	+	amended to read as follows:
	123	+	Page 1, between lines 6 and 7, begin a new paragraph and insert:
	124	+	"(b) A person who:
22	125		(1) knowingly or intentionally:
23	126		(A) manufactures;
24	127		(B) finances the manufacture of;
25	128		(C) delivers; or
26	129		(D) finances the delivery of;
	130	+	EH 1203—LS 6290/DI 106 4
27	131		xylazine; or
28	132		(2) possesses, with intent to:
29	133		(A) manufacture;
30	134		(B) finance the manufacture of;
31	135		(C) deliver; or
32	136		(D) finance the delivery of;
33	137		xylazine;
34	138		commits dealing in xylazine, a Level 5 felony. However, the offense
35	139		is a Level 4 felony if the person has a prior unrelated conviction
36		-	HEA 1203 — Concur 2
37		-	under this section.
38		-	(c) This section does not apply to one (1) or more of the
39		-	following:
40		-	(1) A person who dispenses, prescribes, or administers a drug
41		-	containing xylazine to a nonhuman species, if:
42		-	(A) the drug has been approved by the Secretary of Health
43		-	and Human Services under section 512 of the federal Food,
44		-	Drug, and Cosmetic Act (21 U.S.C. Sec. 360b); or
45		-	(B) the dispensing, prescription, or administration of the
46		-	drug is permissible under section 512(a)(4) of the federal
47		-	Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360b(a)(4)).
48		-	(2) A person who:
49		-	(A) manufactures, distributes, or uses xylazine as an active
50		-	pharmaceutical ingredient for manufacturing an animal
51		-	drug approved under section 512 of the federal Food,
52		-	Drug, and Cosmetic Act (21 U.S.C. Sec. 360b); or
53		-	(B) has been issued an investigation use exemption for
54		-	xylazine under section 512(j) of the federal Food, Drug,
55		-	and Cosmetic Act (21 U.S.C. Sec. 360b(j)).
56		-	(3) A person who manufactures, distributes, or uses a xylazine
57		-	bulk chemical for pharmaceutical compounding by a licensed
58		-	pharmacist or veterinarian.
59		-	(4) A person who uses xylazine for another purpose approved
60		-	or permitted under the federal Food, Drug, and Cosmetic Act.
61		-	(5) A person who:
62		-	(A) possesses xylazine for the purpose of engaging in an
63		-	activity permitted under this section; or
64		-	(B) delivers or transports xylazine from a person described
65		-	in subdivisions (1) through (5)(A) to another person
66		-	described in subdivisions (1) through (5)(A).
67		-	HEA 1203 — Concur Speaker of the House of Representatives
68		-	President of the Senate
69		-	President Pro Tempore
70		-	Governor of the State of Indiana
71		-	Date: Time:
72		-	HEA 1203 — Concur
	140	+	under this section.".
	141	+	Page 1, line 7, delete "(b)" and insert "(c)".
	142	+	Page 2, line 1, delete "(1)" and insert "(A)".
	143	+	Page 2, line 5, delete "(2)" and insert "(B)".
	144	+	Page 2, line 7, delete "(21 U.S.C. Sec. 3606(j))." and insert "(21
	145	+	U.S.C. Sec. 360b(j)).".
	146	+	(Reference is to EHB 1203 as printed February 14, 2024.)
	147	+	FREEMAN
	148	+	EH 1203—LS 6290/DI 106