Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1240
AN ACT to amend the Indiana Code concerning criminal law and
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 6-1.1-5.5-12, AS AMENDED BY P.L.144-2008,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 12. (a) A party to a conveyance who:
(1) either:
(A) files a sales disclosure form that does not contain all of the
information required by this chapter; or
(B) files a sales disclosure form that contains inaccurate
information;
and receives from the township assessor (in a county containing
a consolidated city) or the county assessor (in any other county)
written notice of the problems described in clause (A) or (B); and
(2) fails to file a correct sales disclosure form that fully complies
with all requirements of this chapter within thirty (30) days after
the date of the notice under subdivision (1);
is subject to a penalty in the amount determined under subsection (b).
(b) The amount of the penalty under subsection (a) is the greater of:
(1) one hundred dollars ($100); or
(2) twenty-five thousandths percent (0.025%) of the sale price of
the real property transferred under the conveyance document.
(c) The township assessor in a county containing a consolidated city,
or the county assessor in any other county, shall:
(1) determine the penalty imposed under this section;
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(2) assess the penalty to the party to a conveyance; and
(3) notify the party to the conveyance that the penalty is payable
not later than thirty (30) days after notice of the assessment.
(d) The county auditor shall:
(1) collect the penalty imposed under this section;
(2) deposit penalty collections as required under section 4 of this
chapter; and
(3) notify the county prosecuting attorney of the appropriate
judicial circuit of delinquent payments.
(e) The county prosecuting attorney of the appropriate judicial
circuit shall initiate an action to recover a delinquent penalty under
this section. In a successful action against a person for a delinquent
penalty, the court shall award the county prosecuting attorney
reasonable attorney's fees.
SECTION 2. IC 6-1.1-24-8, AS AMENDED BY P.L.89-2007,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 8. When one who purchases real property at a tax
sale fails to pay the bid, the real property shall again be offered for sale.
A purchaser who fails to pay the bid shall pay a civil penalty of
twenty-five percent (25%) of the amount of the bid. The county
prosecuting attorney of the appropriate judicial circuit shall initiate
an action in the name of the state treasurer to recover the civil penalty.
Amounts collected under this section shall be deposited in the county
general fund.
SECTION 3. IC 6-1.1-27-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. If a county treasurer
fails to make a semi-annual settlement with the auditor of his the
county or to pay over the money due the county, the county auditor
shall notify the county prosecuting attorney of the appropriate
judicial circuit who shall bring a suit upon the bond of the county
treasurer. The county treasurer and his the county treasurer's sureties
are liable in an amount equal to one hundred ten percent (110%) of the
taxes and other charges for which the county treasurer fails to make a
settlement or pay over.
SECTION 4. IC 6-1.1-27-5, AS AMENDED BY THE TECHNICAL
CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
Sec. 5. (a) The state auditor comptroller shall notify the appropriate
county prosecuting attorney of the appropriate judicial circuit if:
(1) the money due the state as shown by a certificate of settlement
is not paid to the state treasurer by the time required under section
3 of this chapter; and
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(2) the nonpayment is caused by the failure of:
(A) the county auditor to prepare and deliver a certificate of
settlement to the county treasurer;
(B) the county treasurer to make payment; or
(C) the county auditor to issue a warrant for the amount due
the state.
(b) When a county prosecuting attorney receives the notice required
by this section, the county prosecuting attorney shall initiate a suit in
the name of the state against the defaulting county auditor or treasurer.
The defaulting party is liable in an amount equal to one hundred fifteen
percent (115%) of the amount due the state.
SECTION 5. IC 6-3.6-2-14, AS AMENDED BY P.L.247-2017,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 14. "Public safety" refers to the following:
(1) A police and law enforcement system to preserve public peace
and order.
(2) A firefighting and fire prevention system.
(3) Emergency ambulance services (as defined in
IC 16-18-2-107).
(4) Emergency medical services (as defined in IC 16-18-2-110).
(5) Emergency action (as defined in IC 13-11-2-65).
(6) A probation department of a court.
(7) Confinement, supervision, services under a community
corrections program (as defined in IC 35-38-2.6-2), or other
correctional services for a person who has been:
(A) diverted before a final hearing or trial under an agreement
that is between the county prosecuting attorney of the
appropriate judicial circuit and the person or the person's
custodian, guardian, or parent and that provides for
confinement, supervision, community corrections services, or
other correctional services instead of a final action described
in clause (B) or (C);
(B) convicted of a crime; or
(C) adjudicated as a delinquent child or a child in need of
services.
(8) A juvenile detention facility under IC 31-31-8.
(9) A juvenile detention center under IC 31-31-9.
(10) A county jail.
(11) A communications system (as defined in IC 36-8-15-3), an
enhanced emergency telephone system (as defined in
IC 36-8-16-2, before its repeal on July 1, 2012), a PSAP (as
defined in IC 36-8-16.7-20) that is part of the statewide 911
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system (as defined in IC 36-8-16.7-22) and located within the
county, or the statewide 911 system (as defined in
IC 36-8-16.7-22).
(12) Medical and health expenses for jailed inmates and other
confined persons.
(13) Pension payments for any of the following:
(A) A member of a fire department (as defined in IC 36-8-1-8)
or any other employee of the fire department.
(B) A member of a police department (as defined in
IC 36-8-1-9), a police chief hired under a waiver under
IC 36-8-4-6.5, or any other employee hired by the police
department.
(C) A county sheriff or any other member of the office of the
county sheriff.
(D) Other personnel employed to provide a service described
in this section.
(14) Law enforcement training.
SECTION 6. IC 6-8.1-3-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) The attorney
general and the respective county prosecuting attorneys have
concurrent jurisdiction in conducting criminal prosecutions of tax
matters. Either the attorney general or the respective prosecuting
attorney may initiate criminal tax proceedings, and appear before grand
juries to report violations, give legal advice, or interrogate witnesses.
(b) Upon request by the department, the attorney general shall
prosecute a civil action to collect unpaid taxes, penalties, and interest
and to enforce the department's powers.
SECTION 7. IC 10-21-1-12, AS ADDED BY P.L.150-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 12. (a) Not later than December 31, 2023, a
county shall establish a county school safety commission. Unless
otherwise specified in subsection (b)(1) through (b)(11), the members
described in subsection (b) are appointed by the school corporation
having the largest ADM (as defined in IC 20-18-2-2), as determined in
the fall count of ADM in the school year ending in the current calendar
year.
(b) The members of the commission are as follows:
(1) A school safety specialist for each school corporation located
in whole or in part in the county.
(2) The judge of the court having juvenile jurisdiction in the
county or the judge's designee.
(3) The sheriff of the county or the sheriff's designee.
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(4) The chief officer of every other law enforcement agency in the
county, or the chief officer's designee.
(5) A representative of the juvenile probation system, appointed
by the judge described in subdivision (2).
(6) Representatives of community agencies that work with
children within the county.
(7) A representative of the Indiana state police district that serves
the county, appointed by the Indiana state police.
(8) A representative of the prosecuting attorneys council of
Indiana prosecuting attorney or deputy prosecuting attorney
who specializes in the prosecution of juveniles, appointed by the
prosecuting attorney.
(9) A school safety specialist of a charter school representing the
interests and viewpoints of charter schools within the
commission's jurisdiction if at least one (1) charter school within
the commission's jurisdiction requests to participate.
(10) A school safety specialist of an accredited nonpublic school
representing the interests and viewpoints of accredited nonpublic
schools within the commission's jurisdiction if at least one (1)
accredited nonpublic school requests to participate.
(11) Other appropriate individuals selected by the commission.
(c) Once a commission is established, the school safety specialist of
the school corporation having the largest ADM (as defined in
IC 20-18-2-2), as determined in the fall count of ADM in the school
year ending in the current calendar year, in the county shall convene
the initial meeting of the commission.
(d) The members shall annually elect a chairperson.
(e) A commission shall perform the following duties:
(1) Periodically perform a cumulative analysis of school safety
needs within the county.
(2) Coordinate and make recommendations for the following:
(A) Prevention of juvenile offenses and improving the
reporting of juvenile offenses within the schools.
(B) Proposals for identifying and assessing children who are
at high risk of experiencing a mental health or behavioral
health crisis or becoming juvenile offenders.
(C) Methods to meet the educational needs of children who
have been detained as juvenile offenders.
(D) Methods to improve communications among agencies that
work with children.
(E) Methods to improve school security and emergency
preparedness.
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(F) Additional equipment or personnel that are necessary to
carry out school safety plans.
(G) Pooling resources, combining purchases, using shared
administrative services, or collaborating among participating
school corporations, school corporation career and technical
education schools described in IC 20-37-1-1, and charter
schools to improve the maintenance of safe schools.
(H) Implementing best practices and procedures to use critical
incidence digital mapping in the event of an emergency within
the county.
(I) Any other topic the commission considers necessary to
improve school safety within the commission's jurisdiction.
(3) Provide assistance to school safety specialists and school
resource officers within the commission's jurisdiction in
developing and:
(A) implementing school safety plans; and
(B) requesting grants from the fund.
(4) Assist accredited nonpublic schools within the commission's
jurisdiction that voluntarily submit a school safety plan or a local
school safety and emergency plan (described in IC 20-34-3-23) to
the commission seeking assistance in carrying out the school
safety plan.
(f) The affirmative votes of a majority of the voting members of the
commission are required for the commission to take action on a
measure.
(g) A commission shall receive the school safety plans for the
school corporations and charter schools located in the county.
(h) A commission may receive from an accredited nonpublic school
within the commission's jurisdiction a school safety plan or a local
school safety and emergency plan described in IC 20-34-3-23.
(i) The commission shall keep the school safety plans compiled and
retained under this section confidential and shall withhold the
information from public disclosure.
(j) The commission may share the school safety plans under
subsections (g) and (h) with law enforcement and first responder
agencies that have jurisdiction over the school corporation, charter
school, or accredited nonpublic school. For the purposes of IC 5-14-3,
the entities receiving a school safety plan under this subsection shall
keep information compiled and retained under subsections (g) and (h)
confidential and shall withhold the information from public disclosure.
(k) A commission shall annually submit to the board on a date
established by the board:
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(1) meeting minutes;
(2) any meeting agenda materials directly related to taking action
on a measure under this section; and
(3) a brief annual summary of its activities and accomplishments.
SECTION 8. IC 12-8-1.5-18, AS ADDED BY P.L.34-2016,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 18. (a) Before December 1, 2016, the office of the
secretary of family and social services, in cooperation with the Indiana
prosecuting attorneys council, shall do the following:
(1) Prepare and submit a report as described in subsection (b) to
the legislative council in an electronic format under IC 5-14-6.
(2) Present the report required under this section to the budget
committee.
(b) The report must include:
(1) an estimation of the appropriate staffing levels necessary for
the office of the secretary of family and social services and county
prosecuting attorney offices to efficiently and effectively manage
the investigations of reports of matters related to the abuse,
neglect, or exploitation of endangered adults;
(2) identification of:
(A) the circumstances that should result in emergency
placement in the case of an adult protective services
investigation;
(B) the appropriate types of emergency placements based on
those circumstances; and
(C) strategies for improving emergency placement capabilities;
(3) consideration of the benefits and cost of establishing a
centralized intake system for reports of matters related to the
abuse, neglect, or exploitation of endangered adults;
(4) a statement of consistent standards of care for endangered
adults;
(5) a determination of the appropriate levels of training for
employees of:
(A) the office of the secretary of family and social services;
and
(B) a county prosecuting attorney office;
who are involved in providing adult protective services;
(6) a draft of a cooperative agreement between the office of the
secretary of family and social services and the Indiana
prosecuting attorneys council that sets forth the duties and
responsibilities of the agencies and county prosecuting attorney
offices with regard to adult protective services; and
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(7) performance goals and accountability metrics for adult
protective services to be incorporated in contracts and grant
agreements.
(c) The budget committee shall consider the report submitted under
this section in formulating the committee's budget recommendations.
SECTION 9. IC 12-10-3-29.5, AS AMENDED BY P.L.109-2015,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 29.5. (a) Except as provided in subsection (b), an
adult protective services unit or a staff member of the adult protective
services unit may not be designated as:
(1) a personal representative;
(2) a health care representative;
(3) a guardian;
(4) a guardian ad litem; or
(5) any other type of representative;
for an endangered adult.
(b) The:
(1) county prosecutor prosecuting attorney in the county in
which the adult protective services unit is located; or
(2) head of the governmental entity if the adult protective services
unit is operated by a governmental entity;
may give written permission for an adult protective services unit or a
staff member of the adult protective services unit to be designated as
a representative described in subsection (a)(1) through (a)(5).
SECTION 10. IC 16-21-8-10, AS AMENDED BY P.L.36-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 10. (a) Law enforcement shall:
(1) obtain the sample within forty-eight (48) hours after receiving
a provider's notification; and
(2) transport the sample to secured storage.
(b) Law enforcement shall keep the sample in secured storage until
the earlier of the following:
(1) At least one (1) year after the date the sample is placed in
secured storage.
(2) The victim reports the sex crime to law enforcement and the
sample is transported to a crime lab. in accordance with
IC 35-33-5-5.
(c) Notification of sample destruction may be provided by the
division through the web based claims reimbursement and sexual
assault examination kit tracking system. Law enforcement agencies and
prosecuting attorneys shall cooperate with the division by providing
storage updates to the division via the web based claims reimbursement
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and sexual assault examination kit tracking system.
(d) A victim may register for notification through the web based
claims reimbursement and sexual assault examination kit tracking
system.
(e) Each county shall develop and implement a plan for the secured
storage and destruction of samples.
(f) The director of the Indiana criminal justice institute may delay
the implementation of this section until the earlier of the following:
(1) A date set by the director.
(2) The date funding becomes available by a grant through the
criminal justice institute or by an appropriation from the general
assembly.
If the director of the criminal justice institute delays implementation of
this section, the director shall notify the prosecuting attorney of each
county of the director's action and when funding becomes available to
implement this section.
(g) The failure to comply with:
(1) this chapter;
(2) a plan adopted by a county; or
(3) a protocol adopted by a sexual assault response team;
does not, standing alone, affect the admissibility of a sample as
evidence in a criminal or civil proceeding.
SECTION 11. IC 20-26-18-2, AS AMENDED BY P.L.25-2016,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) Not later than June 1, 2016, the governing
body of each school corporation shall establish a written policy to
address criminal organizations and criminal organization activity in
schools. The governing body of a school corporation shall develop the
policy in consultation with:
(1) parents;
(2) school employees;
(3) local law enforcement officials;
(4) the county prosecuting attorney;
(5) the county public defender;
(6) organizations that have expertise in criminal organization
education, prevention, or intervention;
(7) a juvenile court judge;
(8) a school behavioral health or community mental health
professional; and
(9) any other person or entity the governing body of the school
corporation determines to be appropriate.
(b) The policy must meet all the requirements for the department's
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model criminal organization policy set forth in IC 20-19-3-12(d).
(c) Not later than September 1, 2016, each school corporation shall
submit a copy of its criminal organization policy to the department.
SECTION 12. IC 20-26-18-5, AS AMENDED BY P.L.25-2016,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. To foster the continuing coordination of
criminal organization prevention, intervention, and suppression efforts,
the governing body of a school corporation may establish a program to
provide criminal organization intervention services to students. If a
school corporation chooses to develop a program under this section, the
governing body shall establish an advisory committee that includes the
following members:
(1) Parents.
(2) School employees.
(3) Local law enforcement officials.
(4) The county prosecuting attorney.
(5) The county public defender.
(6) A juvenile court judge.
(7) A school behavioral health or community mental health
professional.
(8) Representatives of organizations that have expertise in
criminal organization education, prevention, or intervention.
(9) Any other person or entity the governing body determines is
appropriate.
SECTION 13. IC 24-4.7-2-9, AS AMENDED BY P.L.226-2011,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 9. (a) "Telephone sales call" means a telephone
call made to a consumer for any of the following purposes:
(1) Solicitation of a sale of consumer goods or services.
(2) Solicitation of a charitable contribution.
(3) Obtaining information that will or may be used for the direct
solicitation of a sale of consumer goods or services or an
extension of credit for such purposes.
(b) The term includes any of the following:
(1) A call made by use of an automated dialing device.
(2) A call made by use of a recorded message device.
(3) Transmission of:
(A) a text message; or
(B) a graphic message;
using short message service (SMS).
(4) Transmission of:
(A) an image;
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(B) a photograph; or
(C) a multimedia message;
using multimedia messaging service (MMS).
(3) Transmission of:
(A) a text message;
(B) a graphic message;
(C) an image;
(D) a photograph; or
(E) a multimedia message;
to a telephone number through the use of short message
service (SMS), multimedia messaging service (MMS),
over-the-top (OTT) messaging or voice calling service, or any
other technology or service that transmits messages to a
device.
SECTION 14. IC 24-4.7-3-6, AS AMENDED BY P.L.242-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6. (a) The consumer protection division telephone
solicitation fund is established for the following purposes:
(1) The administration of:
(A) this article;
(B) IC 24-5-0.5-3(b)(19);
(C) IC 24-5-12;
(D) IC 24-5-14; and
(E) IC 24-5-14.5.
(2) The reimbursement of county prosecutors prosecuting
attorneys for expenses incurred in extraditing violators of any
statute set forth in subdivision (1).
The fund shall be used exclusively for these purposes.
(b) The division shall administer the fund.
(c) The fund consists of all revenue received:
(1) under this article;
(2) from civil penalties recovered under IC 24-5-0.5-4(h);
(3) from civil penalties recovered after June 30, 2019, under
IC 24-5-12-23(b);
(4) from civil penalties recovered after June 30, 2019, under
IC 24-5-14-13(b); and
(5) from civil penalties recovered under IC 24-5-14.5-12.
(d) Money in the fund is continuously appropriated to the division
for the purposes set forth in subsection (a).
(e) Money in the fund at the end of a state fiscal year does not revert
to the state general fund. However, if the amount of money in the fund
at the end of a particular state fiscal year exceeds two hundred
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thousand dollars ($200,000), the treasurer of state shall transfer the
excess from the fund to the state general fund.
SECTION 15. IC 31-30-1-4, AS AMENDED BY P.L.115-2023,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) The juvenile court does not have jurisdiction
over an individual for an alleged violation of:
(1) IC 35-41-5-1(a) (attempted murder);
(2) IC 35-42-1-1 (murder);
(3) IC 35-42-3-2 (kidnapping);
(4) IC 35-42-4-1 (rape);
(5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
(6) IC 35-42-5-1 (robbery) if:
(A) the robbery was committed while armed with a deadly
weapon; or
(B) the robbery results in bodily injury or serious bodily
injury;
(7) IC 35-42-5-2 (carjacking) (before its repeal);
(8) IC 35-47-2-1.5 (unlawful carrying of a handgun), if charged
as a felony;
(9) (8) IC 35-47-10 (children and firearms), if charged as a felony;
or
(10) (9) any offense that may be joined under IC 35-34-1-9(a)(2)
with any crime listed in this subsection;
if the individual was at least sixteen (16) years of age but less than
eighteen (18) years of age at the time of the alleged violation.
(b) Once an individual described in subsection (a) has been charged
with any offense listed in subsection (a), the court having adult
criminal jurisdiction shall retain jurisdiction over the case if the
individual pleads guilty to or is convicted of any offense listed in
subsection (a)(1) through (a)(9). (a)(8).
(c) If:
(1) an individual described in subsection (a) is charged with one
(1) or more offenses listed in subsection (a);
(2) all the charges under subsection (a)(1) through (a)(9) (a)(8)
resulted in an acquittal or were dismissed; and
(3) the individual pleads guilty to or is convicted of any offense
other than an offense listed in subsection (a)(1) through (a)(9);
(a)(8);
the court having adult criminal jurisdiction may withhold judgment and
transfer jurisdiction to the juvenile court for adjudication and
disposition. In determining whether to transfer jurisdiction to the
juvenile court for adjudication and disposition, the court having adult
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criminal jurisdiction shall consider whether there are appropriate
services available in the juvenile justice system, whether the child is
amenable to rehabilitation under the juvenile justice system, and
whether it is in the best interests of the safety and welfare of the
community that the child be transferred to juvenile court. All orders
concerning release conditions remain in effect until a juvenile court
detention hearing, which must be held not later than forty-eight (48)
hours, excluding Saturdays, Sundays, and legal holidays, after the order
of transfer of jurisdiction.
(d) A court having adult criminal jurisdiction, and not a juvenile
court, has jurisdiction over a person who is at least twenty-one (21)
years of age for an alleged offense:
(1) committed while the person was a child; and
(2) that could have been waived under IC 31-30-3.
SECTION 16. IC 31-30-3-5, AS AMENDED BY P.L.158-2013,
SECTION 316, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 5. Except for those cases in which
the juvenile court has no jurisdiction in accordance with IC 31-30-1-4,
the court shall, upon motion of the prosecuting attorney and after full
investigation and hearing, waive jurisdiction if it finds that:
(1) the child is charged with an act that, if committed by an adult,
would be:
(A) a Level 1 felony, Level 2 felony, Level 3 felony, or Level
4 felony, except a felony defined by IC 35-48-4;
(B) involuntary manslaughter as a Level 5 felony under
IC 35-42-1-4; or
(C) reckless homicide as a Level 5 felony under IC 35-42-1-5;
or
(D) unlawful carrying of a handgun as a felony under
IC 35-47-2-1.5;
(2) there is probable cause to believe that the child has committed
the act; and
(3) the child was at least sixteen (16) years of age when the act
charged was allegedly committed;
unless it would be in the best interests of the child and of the safety and
welfare of the community for the child to remain within the juvenile
justice system.
SECTION 17. IC 31-33-3-1, AS AMENDED BY P.L.146-2008,
SECTION 574, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1. (a) A community child protection
team is established in each county. The community child protection
team is a countywide, multidisciplinary child protection team. The
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team must include the following thirteen (13) members who reside in,
or provide services to residents of, the county in which the team is to
be formed:
(1) The director of the local office that provides child welfare
services in the county or the local office director's designee.
(2) Two (2) designees of the juvenile court judge.
(3) The county prosecuting attorney or the prosecuting attorney's
designee.
(4) The county sheriff or the sheriff's designee.
(5) Either:
(A) the president of the county executive in a county not
containing a consolidated city or the president's designee; or
(B) the executive of a consolidated city in a county containing
a consolidated city or the executive's designee.
(6) A director of a court appointed special advocate or guardian
ad litem program or the director's designee in the county in which
the team is to be formed.
(7) Either:
(A) a public school superintendent or the superintendent's
designee; or
(B) a director of a local special education cooperative or the
director's designee.
(8) Two (2) persons, each of whom is a physician or nurse, with
experience in pediatrics or family practice.
(9) Two (2) residents of the county.
(10) The chief law enforcement officer of the largest law
enforcement agency in the county (other than the county sheriff)
or the chief law enforcement officer's designee.
(b) The director of the local office serving the county shall appoint,
subject to the approval of the director of the department, the members
of the team under subsection (a)(7), (a)(8), and (a)(9).
SECTION 18. IC 33-24-6-3, AS AMENDED BY P.L.205-2023,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) The office of judicial administration shall
do the following:
(1) Examine the administrative and business methods and systems
employed in the offices of the clerks of court and other offices
related to and serving the courts and make recommendations for
necessary improvement.
(2) Collect and compile statistical data and other information on
the judicial work of the courts in Indiana. All justices of the
supreme court, judges of the court of appeals, judges of all trial
HEA 1240 — Concur 15
courts, and any city or town courts, whether having general or
special jurisdiction, court clerks, court reporters, and other
officers and employees of the courts shall, upon notice by the
chief administrative officer and in compliance with procedures
prescribed by the chief administrative officer, furnish the chief
administrative officer the information as is requested concerning
the nature and volume of judicial business. The information must
include the following:
(A) The volume, condition, and type of business conducted by
the courts.
(B) The methods of procedure in the courts.
(C) The work accomplished by the courts.
(D) The receipt and expenditure of public money by and for
the operation of the courts.
(E) The methods of disposition or termination of cases.
(3) Prepare and publish reports, not less than one (1) or more than
two (2) times per year, on the nature and volume of judicial work
performed by the courts as determined by the information
required in subdivision (2).
(4) Serve the judicial nominating commission and the judicial
qualifications commission in the performance by the commissions
of their statutory and constitutional functions.
(5) Administer the civil legal aid fund as required by IC 33-24-12.
(6) Administer the court technology fund established by section
12 of this chapter.
(7) By December 31, 2013, develop and implement a standard
protocol for sending and receiving court data:
(A) between the protective order registry, established by
IC 5-2-9-5.5, and county court case management systems;
(B) at the option of the county prosecuting attorney, for:
(i) a prosecuting attorney's case management system;
(ii) a county court case management system; and
(iii) a county court case management system developed and
operated by the office of judicial administration;
to interface with the electronic traffic tickets, as defined by
IC 9-30-3-2.5; and
(C) between county court case management systems and the
case management system developed and operated by the office
of judicial administration.
The standard protocol developed and implemented under this
subdivision shall permit private sector vendors, including vendors
providing service to a local system and vendors accessing the
HEA 1240 — Concur 16
system for information, to send and receive court information on
an equitable basis and at an equitable cost, and for a case
management system developed and operated by the office of
judicial administration, must include a searchable field for the
name and bail agent license number, if applicable, of the bail
agent or a person authorized by the surety that pays bail for an
individual as described in IC 35-33-8-3.2.
(8) Establish and administer an electronic system for receiving
information that relates to certain individuals who may be
prohibited from possessing a firearm for the purpose of:
(A) transmitting this information to the Federal Bureau of
Investigation for inclusion in the NICS; and
(B) beginning July 1, 2021, compiling and publishing certain
statistics related to the confiscation and retention of firearms
as described under section 14 of this chapter.
(9) Establish and administer an electronic system for receiving
drug related felony conviction information from courts. The office
of judicial administration shall notify NPLEx of each drug related
felony entered after June 30, 2012, and do the following:
(A) Provide NPLEx with the following information:
(i) The convicted individual's full name.
(ii) The convicted individual's date of birth.
(iii) The convicted individual's driver's license number, state
personal identification number, or other unique number, if
available.
(iv) The date the individual was convicted of the felony.
Upon receipt of the information from the office of judicial
administration, a stop sale alert must be generated through
NPLEx for each individual reported under this clause.
(B) Notify NPLEx if the felony of an individual reported under
clause (A) has been:
(i) set aside;
(ii) reversed;
(iii) expunged; or
(iv) vacated.
Upon receipt of information under this clause, NPLEx shall
remove the stop sale alert issued under clause (A) for the
individual.
(10) After July 1, 2018, establish and administer an electronic
system for receiving from courts felony or misdemeanor
conviction information for each felony or misdemeanor described
in IC 20-28-5-8(c). The office of judicial administration shall
HEA 1240 — Concur 17
notify the department of education at least one (1) time each week
of each felony or misdemeanor described in IC 20-28-5-8(c)
entered after July 1, 2018, and do the following:
(A) Provide the department of education with the following
information:
(i) The convicted individual's full name.
(ii) The convicted individual's date of birth.
(iii) The convicted individual's driver's license number, state
personal identification number, or other unique number, if
available.
(iv) The date the individual was convicted of the felony or
misdemeanor.
(B) Notify the department of education if the felony or
misdemeanor of an individual reported under clause (A) has
been:
(i) set aside;
(ii) reversed; or
(iii) vacated.
(11) Perform legal and administrative duties for the justices as
determined by the justices.
(12) Provide staff support for the judicial conference of Indiana
established in IC 33-38-9.
(13) Work with the United States Department of Veterans Affairs
to identify and address the needs of veterans in the court system.
(14) If necessary for purposes of IC 35-47-16-1, issue a retired
judicial officer an identification card identifying the retired
judicial officer as a retired judicial officer.
(15) Establish and administer the statewide juvenile justice data
aggregation plan established under section 12.5 of this chapter.
(16) Create and make available an application for detention to be
used in proceedings under IC 12-26-5 (mental health detention,
commitment, and treatment).
(b) All forms to be used in gathering data must be approved by the
supreme court and shall be distributed to all judges and clerks before
the start of each period for which reports are required.
(c) The office of judicial administration may adopt rules to
implement this section.
SECTION 19. IC 33-38-5-8.1, AS AMENDED BY P.L.229-2011,
SECTION 265, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 8.1. (a) Except as otherwise
provided in this section, the part of the total salary of an official:
(1) paid by the state; and
HEA 1240 — Concur 18
(2) set under section 6 or 8 of this chapter;
is increased in each state fiscal year in which the general assembly does
not amend the section of law under which the salary is determined to
provide a salary increase for the state fiscal year.
(b) The percentage by which salaries are increased in a state fiscal
year under this section is equal to the statewide average percentage, as
determined by the budget director, by which the salaries of state
employees in the executive branch who are in the same or a similar
salary bracket exceed, for the state fiscal year, the salaries of executive
branch state employees in the same or a similar salary bracket that were
in effect on July 1 of the immediately preceding state fiscal year.
(c) The amount of a salary increase under this section is equal to the
amount determined by applying the percentage increase for the
particular state fiscal year to the salary payable by the state, as
previously adjusted under this section, that is in effect on June 30 of the
immediately preceding state fiscal year. However, a salary increase that
would otherwise occur under this section in the state fiscal year
beginning July 1, 2011, or in the state fiscal year beginning July 1,
2012, shall not occur unless the increase for that state fiscal year is
approved by the chief justice of the supreme court.
(d) An official is not entitled to receive a salary increase under this
section in a state fiscal year in which state employees described in
subsection (b) do not receive a statewide average salary increase.
(e) If a salary increase is required under this section, the budget
director shall augment judicial appropriations, including the line items
for personal services for the supreme court, local judges' salaries, and
county prosecutors' prosecuting attorneys' salaries, in the state
biennial budget in an amount sufficient to pay for the salary increase
from the sources of funds determined by the budget director.
SECTION 20. IC 35-31.5-2-1.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1.7. "Abusive head trauma"
means an inflicted injury to the head and its contents of an infant
or a child less than six (6) years of age, including an injury caused
by shaking or blunt impact, that may:
(1) result in bleeding inside the head; and
(2) cause one (1) or more of the following conditions:
(A) Irreversible brain damage.
(B) Blindness, retinal hemorrhage, or eye damage.
(C) Cerebral palsy.
(D) Hearing loss.
(E) Spinal cord injury, including paralysis.
HEA 1240 — Concur 19
(F) Seizures.
(G) Learning disability.
(H) Death.
(I) Central nervous system injury as evidenced by central
nervous system hemorrhaging.
(J) Closed head injury.
(K) Subdural hematoma.
SECTION 21. IC 35-38-1-7.1, AS AMENDED BY P.L.115-2023,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 7.1. (a) In determining what sentence to impose
for a crime, the court may consider the following aggravating
circumstances:
(1) The harm, injury, loss, or damage suffered by the victim of an
offense was:
(A) significant; and
(B) greater than the elements necessary to prove the
commission of the offense.
(2) The person has a history of criminal or delinquent behavior.
(3) The victim of the offense was less than twelve (12) years of
age or at least sixty-five (65) years of age at the time the person
committed the offense.
(4) The person:
(A) committed a crime of violence (IC 35-50-1-2); and
(B) knowingly committed the offense in the presence or within
hearing of an individual who:
(i) was less than eighteen (18) years of age at the time the
person committed the offense; and
(ii) is not the victim of the offense.
(5) The person violated a protective order issued against the
person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
IC 34-4-5.1 before their repeal), a workplace violence restraining
order issued against the person under IC 34-26-6, or a no contact
order issued against the person.
(6) The person has recently violated the conditions of any
probation, parole, pardon, community corrections placement, or
pretrial release granted to the person.
(7) The victim of the offense was:
(A) a person with a disability (as defined in IC 27-7-6-12), and
the defendant knew or should have known that the victim was
a person with a disability; or
(B) mentally or physically infirm.
(8) The person was in a position having care, custody, or control
HEA 1240 — Concur 20
of the victim of the offense.
(9) The injury to or death of the victim of the offense was the
result of shaken baby syndrome (as defined in IC 16-41-40-2) or
abusive head trauma.
(10) The person threatened to harm the victim of the offense or a
witness if the victim or witness told anyone about the offense.
(11) The person:
(A) committed trafficking with an inmate under
IC 35-44.1-3-5; and
(B) is an employee of the penal facility.
(12) The person committed the offense with bias due to the
victim's or the group's real or perceived characteristic, trait, belief,
practice, association, or other attribute the court chooses to
consider, including but not limited to an attribute described in
IC 10-13-3-1.
(b) The court may consider the following factors as mitigating
circumstances or as favoring suspending the sentence and imposing
probation:
(1) The crime neither caused nor threatened serious harm to
persons or property, or the person did not contemplate that it
would do so.
(2) The crime was the result of circumstances unlikely to recur.
(3) The victim of the crime induced or facilitated the offense.
(4) There are substantial grounds tending to excuse or justify the
crime, though failing to establish a defense.
(5) The person acted under strong provocation.
(6) The person has no history of delinquency or criminal activity,
or the person has led a law-abiding life for a substantial period
before commission of the crime.
(7) The person is likely to respond affirmatively to probation or
short term imprisonment.
(8) The character and attitudes of the person indicate that the
person is unlikely to commit another crime.
(9) The person has made or will make restitution to the victim of
the crime for the injury, damage, or loss sustained.
(10) Imprisonment of the person will result in undue hardship to
the person or the dependents of the person.
(11) The person was convicted of a crime involving the use of
force against a person who had repeatedly inflicted physical or
sexual abuse upon the convicted person and evidence shows that
the convicted person suffered from the effects of battery as a
result of the past course of conduct of the individual who is the
HEA 1240 — Concur 21
victim of the crime for which the person was convicted.
(12) The person was convicted of a crime relating to a controlled
substance and the person's arrest or prosecution was facilitated in
part because the person:
(A) requested emergency medical assistance; or
(B) acted in concert with another person who requested
emergency medical assistance;
for an individual who reasonably appeared to be in need of
medical assistance due to the use of alcohol or a controlled
substance.
(13) The person has posttraumatic stress disorder, traumatic brain
injury, or a postconcussive brain injury.
(14) The person is a person described in IC 31-30-1-4(d) who
committed the offense while the person was a child but is now at
least twenty-one (21) years of age.
(c) The criteria listed in subsections (a) and (b) do not limit the
matters that the court may consider in determining the sentence.
(d) A court may impose any sentence that is:
(1) authorized by statute; and
(2) permissible under the Constitution of the State of Indiana;
regardless of the presence or absence of aggravating circumstances or
mitigating circumstances.
(e) If a court suspends a sentence and orders probation for a person
described in subsection (b)(13), the court may require the person to
receive treatment for the person's injuries.
SECTION 22. IC 35-38-1-17, AS AMENDED BY P.L.115-2023,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 17. (a) Notwithstanding IC 1-1-5.5-21, this section
applies to a person who:
(1) commits an offense; or
(2) is sentenced;
before July 1, 2014.
(b) This section does not apply to a credit restricted felon.
(c) Except as provided in subsections (k) and (m), this section does
not apply to a violent criminal.
(d) As used in this section, "violent criminal" means a person
convicted of any of the following offenses:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
HEA 1240 — Concur 22
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Kidnapping (IC 35-42-3-2).
(8) Rape (IC 35-42-4-1).
(9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(10) Child molesting (IC 35-42-4-3).
(11) Sexual misconduct with a minor as a Class A felony under
IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2)
(for a crime committed before July 1, 2014) or sexual misconduct
with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a
Level 2 felony under IC 35-42-4-9(b)(2) (for a crime committed
after June 30, 2014).
(12) Robbery as a Class A felony or a Class B felony
(IC 35-42-5-1) (for a crime committed before July 1, 2014) or
robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1) (for
a crime committed after June 30, 2014).
(13) Burglary as Class A felony or a Class B felony
(IC 35-43-2-1) (for a crime committed before July 1, 2014) or
burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or
Level 4 felony (IC 35-43-2-1) (for a crime committed after June
30, 2014).
(14) Unlawful possession of a firearm by a serious violent felon
(IC 35-47-4-5).
(e) At any time after:
(1) a convicted person begins serving the person's sentence; and
(2) the court obtains a report from the department of correction
concerning the convicted person's conduct while imprisoned;
the court may reduce or suspend the sentence and impose a sentence
that the court was authorized to impose at the time of sentencing.
However, if the convicted person was sentenced under the terms of a
plea agreement, the court may not, without the consent of the
prosecuting attorney, reduce or suspend the sentence and impose a
sentence not authorized by the plea agreement. The court must
incorporate its reasons in the record.
(f) If the court sets a hearing on a petition under this section, the
court must give notice to the prosecuting attorney and the prosecuting
attorney must give notice to the victim (as defined in IC 35-31.5-2-348)
of the crime for which the convicted person is serving the sentence.
(g) The court may suspend a sentence for a felony under this section
only if suspension is permitted under IC 35-50-2-2.2, or, if applicable,
IC 35-50-2-2 (repealed).
(h) The court may deny a request to suspend or reduce a sentence
under this section without making written findings and conclusions.
HEA 1240 — Concur 23
(i) The court is not required to conduct a hearing before reducing or
suspending a sentence under this section if:
(1) the prosecuting attorney has filed with the court an agreement
of the reduction or suspension of the sentence; and
(2) the convicted person has filed with the court a waiver of the
right to be present when the order to reduce or suspend the
sentence is considered.
(j) This subsection applies only to a convicted person who is not a
violent criminal. A convicted person who is not a violent criminal may
file a petition for sentence modification under this section:
(1) not more than one (1) time in any three hundred sixty-five
(365) day period; and
(2) a maximum of two (2) times during any consecutive period of
incarceration;
without the consent of the prosecuting attorney.
(k) This subsection applies to a convicted person who is a violent
criminal. Except as provided in subsection (n), a convicted person who
is a violent criminal may, not later than three hundred sixty-five (365)
days from the date of sentencing, file one (1) petition for sentence
modification under this section without the consent of the prosecuting
attorney. After the elapse of the three hundred sixty-five (365) day
period, a violent criminal may not file a petition for sentence
modification without the consent of the prosecuting attorney.
(l) A person may not waive the right to sentence modification under
this section as part of a plea agreement. Any purported waiver of the
right to sentence modification under this section in a plea agreement is
invalid and unenforceable as against public policy. This subsection
does not prohibit the finding of a waiver of the right to:
(1) have a court modify a sentence and impose a sentence not
authorized by the plea agreement, as described under subsection
(e); or
(2) sentence modification for any other reason, including failure
to comply with the provisions of this section.
(m) Notwithstanding subsection (k), a person who commits an
offense after June 30, 2014, and before May 15, 2015, may file one (1)
petition for sentence modification without the consent of the
prosecuting attorney, even if the person has previously filed a petition
for sentence modification.
(n) A person sentenced in a criminal court having jurisdiction over
an offense committed when the person was less than eighteen (18)
years of age may file an additional petition for sentence modification
under this section without the consent of the prosecuting attorney if the
HEA 1240 — Concur 24
person has served at least:
(1) fifteen (15) years of the person's sentence, if the person is not
serving a sentence for murder; or
(2) twenty (20) years of the person's sentence, if the person is
serving a sentence for murder.
The time periods described in this subsection are computed on the
basis of time actually served and do not include any reduction applied
for good time credit or educational credit time.
SECTION 23. IC 35-38-2.6-1, AS AMENDED BY P.L.72-2023,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. This chapter does not apply to persons
convicted of any of the following offenses whenever any part of the
sentence may not be suspended under IC 35-50-2-2.2:
(1) Sex crimes under IC 35-42-4 or IC 35-46-1-3.
(2) A Level 1 felony.
(3) A Class A felony.
(3) (4) Any of the following felonies:
(A) Murder (IC 35-42-1-1).
(B) A battery offense included in IC 35-42-2 with a deadly
weapon or causing death.
(C) Kidnapping (IC 35-42-3-2).
(D) Criminal confinement (IC 35-42-3-3) with a deadly
weapon.
(E) Robbery (IC 35-42-5-1) resulting in serious bodily injury
or with a deadly weapon.
(F) Arson (IC 35-43-1-1) for hire resulting in serious bodily
injury.
(G) Burglary (IC 35-43-2-1) resulting in serious bodily injury.
(H) Resisting law enforcement (IC 35-44.1-3-1) with a deadly
weapon.
(I) Aggravated battery (IC 35-42-2-1.5).
(J) Disarming a law enforcement officer (IC 35-44.1-3-2).
(K) A sentence for a crime that is enhanced by criminal
organization (IC 35-50-2-15).
SECTION 24. IC 35-42-2-1, AS AMENDED BY P.L.209-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. (a) As used in this section, "public safety
official" means:
(1) a law enforcement officer, including an alcoholic beverage
enforcement officer;
(2) an employee of a penal facility or a juvenile detention facility
(as defined in IC 31-9-2-71);
HEA 1240 — Concur 25
(3) an employee of the department of correction;
(4) a probation officer;
(5) a parole officer;
(6) a community corrections worker;
(7) a home detention officer;
(8) a department of child services employee;
(9) a firefighter;
(10) an emergency medical services provider;
(11) a judicial officer;
(12) a bailiff of any court; or
(13) a special deputy (as described in IC 36-8-10-10.6).
(b) As used in this section, "relative" means an individual related by
blood, half-blood, adoption, marriage, or remarriage, including:
(1) a spouse;
(2) a parent or stepparent;
(3) a child or stepchild;
(4) a grandchild or stepgrandchild;
(5) a grandparent or stepgrandparent;
(6) a brother, sister, stepbrother, or stepsister;
(7) a niece or nephew;
(8) an aunt or uncle;
(9) a daughter-in-law or son-in-law;
(10) a mother-in-law or father-in-law; or
(11) a first cousin.
(c) Except as provided in subsections (d) through (k), a person who
knowingly or intentionally:
(1) touches another person in a rude, insolent, or angry manner;
or
(2) in a rude, insolent, or angry manner places any bodily fluid or
waste on another person;
commits battery, a Class B misdemeanor.
(d) The offense described in subsection (c)(1) or (c)(2) is a Class A
misdemeanor if it:
(1) results in bodily injury to any other person; or
(2) is committed against a member of a foster family home (as
defined in IC 35-31.5-2-139.3) by a person who is not a resident
of the foster family home if the person who committed the offense
is a relative of a person who lived in the foster family home at the
time of the offense.
(e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
felony if one (1) or more of the following apply:
(1) The offense results in moderate bodily injury to any other
HEA 1240 — Concur 26
person.
(2) The offense is committed against a public safety official while
the official is engaged in the official's official duty, unless the
offense is committed by a person detained or committed under
IC 12-26.
(3) The offense is committed against a person less than fourteen
(14) years of age and is committed by a person at least eighteen
(18) years of age.
(4) The offense is committed against a person of any age who has
a mental or physical disability and is committed by a person
having the care of the person with the mental or physical
disability, whether the care is assumed voluntarily or because of
a legal obligation.
(5) The offense is committed against an endangered adult (as
defined in IC 12-10-3-2).
(6) The offense:
(A) is committed against a member of a foster family home (as
defined in IC 35-31.5-2-139.3) by a person who is not a
resident of the foster family home if the person who committed
the offense is a relative of a person who lived in the foster
family home at the time of the offense; and
(B) results in bodily injury to the member of the foster family.
(f) The offense described in subsection (c)(2) is a Level 6 felony if
the person knew or recklessly failed to know that the bodily fluid or
waste placed on another person was infected with hepatitis,
tuberculosis, or human immunodeficiency virus.
(g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
felony if one (1) or more of the following apply:
(1) The offense results in serious bodily injury to another person.
(2) The offense is committed with a deadly weapon.
(3) The offense results in bodily injury to a pregnant woman if the
person knew of the pregnancy.
(4) The person has a previous conviction for a battery or
strangulation offense included in this chapter against the same
victim.
(5) The offense results in bodily injury to one (1) or more of the
following:
(A) A public safety official while the official is engaged in the
official's official duties, unless the offense is committed by a
person detained or committed under IC 12-26.
(B) A person less than fourteen (14) years of age if the offense
is committed by a person at least eighteen (18) years of age.
HEA 1240 — Concur 27
(C) A person who has a mental or physical disability if the
offense is committed by an individual having care of the
person with the disability, regardless of whether the care is
assumed voluntarily or because of a legal obligation.
(D) An endangered adult (as defined in IC 12-10-3-2).
(h) The offense described in subsection (c)(2) is a Level 5 felony if:
(1) the person knew or recklessly failed to know that the bodily
fluid or waste placed on another person was infected with
hepatitis, tuberculosis, or human immunodeficiency virus; and
(2) the person placed the bodily fluid or waste on a public safety
official, unless the offense is committed by a person detained or
committed under IC 12-26.
(i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
felony if it results in serious bodily injury to an endangered adult (as
defined in IC 12-10-3-2).
(j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
felony if it results in serious bodily injury to a person less than fourteen
(14) years of age if the offense is committed by a person at least
eighteen (18) years of age.
(k) The offense described in subsection (c)(1) or (c)(2) is a Level 2
felony if it results in the death of one (1) or more of the following:
(1) A person less than fourteen (14) years of age if the offense is
committed by a person at least eighteen (18) years of age.
(2) An endangered adult (as defined in IC 12-10-3-2).
SECTION 25. IC 35-43-2-2.1 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 2.1. (a) A person who, with the intent to commit theft
under section 2 of this chapter:
(1) agrees with at least two (2) other persons to commit theft; and
(2) performs an overt act in furtherance of the agreement;
commits organized theft, a Level 6 felony.
(b) It is not a defense to a prosecution under this section that one (1)
or more persons with whom the accused person is alleged to have
agreed:
(1) has not been prosecuted;
(2) has not been convicted;
(3) has been acquitted;
(4) has been convicted of a different crime;
(5) cannot be prosecuted for any reason; or
(6) lacked the capacity to commit the crime.
(c) A person may not be convicted of an offense under this section
and:
(1) an attempt to commit theft; or
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(2) a conspiracy to commit theft;
with respect to the same underlying theft.
SECTION 26. IC 35-43-4-2.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.1. (a) A person who, with the
intent to commit theft under section 2 of this chapter:
(1) agrees with at least two (2) other persons to commit theft;
and
(2) performs an overt act in furtherance of the agreement;
commits organized theft, a Level 6 felony.
(b) It is not a defense to a prosecution under this section that one
(1) or more persons with whom the accused person is alleged to
have agreed:
(1) has not been prosecuted;
(2) has not been convicted;
(3) has been acquitted;
(4) has been convicted of a different crime;
(5) cannot be prosecuted for any reason; or
(6) lacked the capacity to commit the crime.
(c) A person may not be convicted of an offense under this
section and:
(1) an attempt to commit theft; or
(2) a conspiracy to commit theft;
with respect to the same underlying theft.
SECTION 27. IC 35-43-5-4, AS AMENDED BY P.L.174-2021,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) A person who:
(1) with the intent to obtain property or data, or an educational,
governmental, or employment benefit to which the person is not
entitled, knowingly or intentionally:
(A) makes a false or misleading statement; or
(B) creates a false impression in another person;
(2) with the intent to cause another person to obtain property,
knowingly or intentionally:
(A) makes a false or misleading statement;
(B) creates a false impression in a third person; or
(C) causes to be presented a claim that:
(i) contains a false or misleading statement; or
(ii) creates a false or misleading impression in a third
person;
(3) possesses, manufactures, uses, or alters a document,
instrument, computer program, or device with the intent to obtain:
HEA 1240 — Concur 29
(A) property;
(B) data; or
(C) an educational, governmental, or employment benefit;
to which the person is not entitled; or
(4) knowingly or intentionally engages in a scheme or artifice to
commit an offense described in subdivisions (1) through (3);
commits fraud, a Class A misdemeanor except as otherwise provided
in this section.
(b) The offense described in subsection (a) is a Level 6 felony if one
(1) or more of the following apply:
(1) The offense is committed not later than seven (7) years from
the date the person:
(A) was convicted of a prior unrelated conviction for an
offense under this article; or
(B) was released from a term of incarceration, probation, or
parole (whichever occurred last) imposed for a prior unrelated
conviction for an offense under this article;
whichever occurred last.
(2) The pecuniary loss is at least seven hundred fifty dollars
($750) but less than fifty thousand dollars ($50,000).
(3) The victim is:
(A) an endangered adult (as defined in IC 12-10-3-2(a)); or
(B) less than eighteen (18) years of age.
(4) The person makes a false or misleading statement representing
an entity as:
(A) a disadvantaged business enterprise (as defined in
IC 5-16-6.5-1); or
(B) a women-owned business enterprise (as defined in
IC 5-16-6.5-3);
in order to qualify for certification as such an enterprise under a
program conducted by a public agency (as defined in
IC 5-16-6.5-2) designed to assist disadvantaged business
enterprises or women-owned business enterprises in obtaining
contracts with public agencies for the provision of goods and
services.
(5) The person makes a false or misleading statement representing
an entity with which the person will subcontract all or part of a
contract with a public agency (as defined in IC 5-16-6.5-2) as:
(A) a disadvantaged business enterprise (as defined in
IC 5-16-6.5-1); or
(B) a women-owned business enterprise (as defined in
IC 5-16-6.5-3);
HEA 1240 — Concur 30
in order to qualify for certification as an eligible bidder under a
program that is conducted by a public agency designed to assist
disadvantaged business enterprises or women-owned business
enterprises in obtaining contracts with public agencies for the
provision of goods and services.
(6) The offense is committed by a person who is confined in:
(A) the department of correction;
(B) a county jail; or
(C) a secure juvenile facility.
(7) The document or instrument that the person possesses,
manufactures, uses, or alters is a document or instrument:
(A) issued by a public servant or a governmental entity;
(B) that has been manufactured or altered to appear to have
been issued by a public servant or a governmental entity; or
(C) that the person tendered to, or intends to tender to a public
servant or a governmental entity.
(8) Except as provided in subsection (d), (e), the person:
(A) made the false or misleading statement; or
(B) created the false impression in another person;
on or by means of a document or written instrument.
(9) The agreement is unconscionable.
(10) The offense involves human reproductive material (as
defined in IC 34-24-5-1).
(c) The offense described in subsection (a) is a Level 5 felony if one
(1) or more of the following apply:
(1) The pecuniary loss is at least fifty thousand dollars ($50,000)
and less than one hundred thousand dollars ($100,000).
(2) The pecuniary loss is at least seven hundred fifty dollars
($750) and less than fifty thousand dollars ($50,000) and the
victim is:
(A) an endangered adult (as defined in IC 12-10-3-2(a)); or
(B) less than eighteen (18) years of age.
(3) The victim was a financial institution.
(d) The offense described in subsection (a) is a Level 4 felony if
one (1) or more of the following apply:
(1) The pecuniary loss is at least one hundred thousand
dollars ($100,000).
(2) The pecuniary loss is at least fifty thousand dollars
($50,000) and the victim is:
(A) an endangered adult (as defined in IC 12-10-3-2(a)); or
(B) less than eighteen (18) years of age.
(d) (e) The offense described in subsection (b)(9) (b)(8) is a Class
HEA 1240 — Concur 31
A misdemeanor if the defendant proves by a preponderance of the
evidence that the:
(1) value of the property, data, or benefit intended to be obtained;
and
(2) actual pecuniary loss;
is less than seven hundred fifty dollars ($750).
SECTION 28. IC 35-47-10-5, AS AMENDED BY P.L.152-2014,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. (a) A child who knowingly, intentionally, or
recklessly possesses a firearm for any purpose other than a purpose
described in section 1 of this chapter commits dangerous possession of
a firearm, a Class A misdemeanor. However, the offense is a Level 5
felony if the child has a prior conviction under this section or has been
adjudicated a delinquent for an act that would be an offense under this
section. if committed by an adult.
(b) A child who knowingly or intentionally provides a firearm to
another child whom the child knows:
(1) is ineligible for any reason to purchase or otherwise receive
from a dealer a firearm; or
(2) intends to use the firearm to commit a crime;
commits a Level 5 felony. However, the offense is a Level 3 felony if
the other child uses the firearm to commit murder (IC 35-42-1-1).
SECTION 29. IC 36-2-13-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) The sheriff shall
file with the appropriate court and, in the case of a person awaiting trial
on a criminal charge, with the county prosecuting attorney of the
appropriate judicial circuit, a weekly report of each person confined
in the county jail. The report must include the confined person's name,
the date of commitment, the court or officer ordering the commitment,
the criminal charge, conviction, or civil action underlying the
commitment, the term of commitment, and whether the person is
awaiting trial or serving a term of imprisonment.
(b) The sheriff shall file with the county executive an annual report
of the condition of the county jail and any recommended improvements
in its maintenance and operation. The report shall also be filed with the
county auditor and maintained as a public record.
SECTION 30. IC 36-2-14-6.3, AS AMENDED BY P.L.109-2015,
SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6.3. (a) A coroner shall immediately notify:
(1) the local office of the department of child services by using
the statewide hotline for the department; and
(2) either:
HEA 1240 — Concur 32
(A) the local child fatality review team; or
(B) if the county does not have a local child fatality review
team, the statewide child fatality review committee;
of each death of a person who is less than eighteen (18) years of age,
or appears to be less than eighteen (18) years of age and who has died
in an apparently suspicious, unexpected, or unexplained manner.
(b) If a child less than eighteen (18) years of age dies in an
apparently suspicious, unexpected, or unexplained manner, the coroner
shall consult with a child death pathologist to determine whether an
autopsy is necessary. If the coroner and the child death pathologist
disagree over the need for an autopsy, the county prosecuting attorney
shall determine whether an autopsy is necessary. If the autopsy is
considered necessary, a child death pathologist or a pathology resident
acting under the direct supervision of a child death pathologist shall
conduct the autopsy within twenty-four (24) hours after the prosecuting
attorney notifies the pathologist or pathology resident of the
determination. If the autopsy is not considered necessary, the autopsy
shall not be conducted.
(c) If a child death pathologist and coroner agree under subsection
(b) that an autopsy is necessary, the child death pathologist or a
pathology resident acting under the direct supervision of a child death
pathologist shall conduct the autopsy of the child.
SECTION 31. IC 36-2-14-20, AS AMENDED BY P.L.73-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 20. (a) This section applies only to the autopsy of
a person whose death is:
(1) suspicious;
(2) violent;
(3) accidental; or
(4) from an overdose.
(b) As used in this section, "autopsy" means the external and
surgical internal examination of all body systems of a decedent,
including toxicology and histology.
(c) Except as provided in subsection (d) and IC 4-24-4-1, if an
Indiana resident dies in an Indiana county as a result of an incident that
occurred in another Indiana county, the county coroner where the death
occurred shall discuss whether an autopsy is warranted with the
coroner of the county where the incident occurred. If the coroners agree
that an autopsy is needed, the coroner of the county where the death
occurred shall bill the county in which the incident occurred for the
cost of the autopsy, including the physician fee under section 6(e) of
this chapter.
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(d) Except as provided in subsection (c) and IC 4-24-4-1, payment
for the costs of an autopsy requested by a party other than the:
(1) county prosecutor; prosecuting attorney; or
(2) county coroner;
of the county in which the individual died must be made by the party
requesting the autopsy.
(e) This section does not preclude the coroner of a county in which
a death occurs from attempting to recover autopsy costs from the
jurisdiction outside Indiana where the incident that caused the death
occurred.
HEA 1240 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1240 — Concur