IN
Indiana House Bill HB1240

Indiana 2024 Regular Session

Indiana House Bill HB1240 Compare Versions

OldNewDifferences
1+*EH1240.2*
2+Reprinted
3+February 28, 2024
4+ENGROSSED
5+HOUSE BILL No. 1240
6+_____
7+DIGEST OF HB 1240 (Updated February 27, 2024 3:22 pm - DI 106)
8+Citations Affected: IC 6-1.1; IC 6-3.6; IC 6-8.1; IC 10-21; IC 12-8;
9+IC 12-10; IC 16-21; IC 20-26; IC 24-4.7; IC 31-30; IC 31-33; IC 33-24;
10+IC 33-38; IC 35-31.5; IC 35-38; IC 35-42; IC 35-43; IC 35-47; IC 36-2.
11+Synopsis: Criminal law issues. Makes numerous changes to the
12+criminal law, including: (1) changing references from "county
13+prosecuting attorney" to "prosecuting attorney"; (2) specifying the
14+membership of county school safety commissions; (3) removing and
15+replacing the organized theft statute; (4) increasing the penalty for
16+fraud and battery under certain circumstances; and (5) defining
17+"abusive head trauma" and permitting it to be used as an aggravating
18+circumstance. Makes unlawful carrying of a handgun by a child a
19+waivable offense. Specifies that "telephone sales call" includes certain
20+types of electronically transmitted information. Makes certain other
21+changes for consistency.
22+Effective: July 1, 2024.
23+Steuerwald, McNamara,
24+Zimmerman
25+(SENATE SPONSOR — FREEMAN)
26+January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
27+January 25, 2024, reported — Do Pass.
28+January 29, 2024, read second time, ordered engrossed. Engrossed.
29+January 30, 2024, read third time, passed. Yeas 95, nays 0.
30+SENATE ACTION
31+February 7, 2024, read first time and referred to Committee on Corrections and Criminal
32+Law.
33+February 22, 2024, amended, reported favorably — Do Pass.
34+February 27, 2024, read second time, amended, ordered engrossed.
35+EH 1240—LS 6775/DI 106 Reprinted
36+February 28, 2024
137 Second Regular Session of the 123rd General Assembly (2024)
238 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
339 Constitution) is being amended, the text of the existing provision will appear in this style type,
440 additions will appear in this style type, and deletions will appear in this style type.
541 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
642 provision adopted), the text of the new provision will appear in this style type. Also, the
743 word NEW will appear in that style type in the introductory clause of each SECTION that adds
844 a new provision to the Indiana Code or the Indiana Constitution.
945 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1046 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1240
12-AN ACT to amend the Indiana Code concerning criminal law and
13-procedure.
47+ENGROSSED
48+HOUSE BILL No. 1240
49+A BILL FOR AN ACT to amend the Indiana Code concerning
50+criminal law and procedure.
1451 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 6-1.1-5.5-12, AS AMENDED BY P.L.144-2008,
16-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2024]: Sec. 12. (a) A party to a conveyance who:
18-(1) either:
19-(A) files a sales disclosure form that does not contain all of the
20-information required by this chapter; or
21-(B) files a sales disclosure form that contains inaccurate
22-information;
23-and receives from the township assessor (in a county containing
24-a consolidated city) or the county assessor (in any other county)
25-written notice of the problems described in clause (A) or (B); and
26-(2) fails to file a correct sales disclosure form that fully complies
27-with all requirements of this chapter within thirty (30) days after
28-the date of the notice under subdivision (1);
29-is subject to a penalty in the amount determined under subsection (b).
30-(b) The amount of the penalty under subsection (a) is the greater of:
31-(1) one hundred dollars ($100); or
32-(2) twenty-five thousandths percent (0.025%) of the sale price of
33-the real property transferred under the conveyance document.
34-(c) The township assessor in a county containing a consolidated city,
35-or the county assessor in any other county, shall:
36-(1) determine the penalty imposed under this section;
37-HEA 1240 — Concur 2
38-(2) assess the penalty to the party to a conveyance; and
39-(3) notify the party to the conveyance that the penalty is payable
40-not later than thirty (30) days after notice of the assessment.
41-(d) The county auditor shall:
42-(1) collect the penalty imposed under this section;
43-(2) deposit penalty collections as required under section 4 of this
44-chapter; and
45-(3) notify the county prosecuting attorney of the appropriate
46-judicial circuit of delinquent payments.
47-(e) The county prosecuting attorney of the appropriate judicial
48-circuit shall initiate an action to recover a delinquent penalty under
49-this section. In a successful action against a person for a delinquent
50-penalty, the court shall award the county prosecuting attorney
51-reasonable attorney's fees.
52-SECTION 2. IC 6-1.1-24-8, AS AMENDED BY P.L.89-2007,
53-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
54-JULY 1, 2024]: Sec. 8. When one who purchases real property at a tax
55-sale fails to pay the bid, the real property shall again be offered for sale.
56-A purchaser who fails to pay the bid shall pay a civil penalty of
57-twenty-five percent (25%) of the amount of the bid. The county
58-prosecuting attorney of the appropriate judicial circuit shall initiate
59-an action in the name of the state treasurer to recover the civil penalty.
60-Amounts collected under this section shall be deposited in the county
61-general fund.
62-SECTION 3. IC 6-1.1-27-4 IS AMENDED TO READ AS
63-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. If a county treasurer
64-fails to make a semi-annual settlement with the auditor of his the
65-county or to pay over the money due the county, the county auditor
66-shall notify the county prosecuting attorney of the appropriate
67-judicial circuit who shall bring a suit upon the bond of the county
68-treasurer. The county treasurer and his the county treasurer's sureties
69-are liable in an amount equal to one hundred ten percent (110%) of the
70-taxes and other charges for which the county treasurer fails to make a
71-settlement or pay over.
72-SECTION 4. IC 6-1.1-27-5, AS AMENDED BY THE TECHNICAL
73-CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
74-AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
75-Sec. 5. (a) The state auditor comptroller shall notify the appropriate
76-county prosecuting attorney of the appropriate judicial circuit if:
77-(1) the money due the state as shown by a certificate of settlement
78-is not paid to the state treasurer by the time required under section
79-3 of this chapter; and
80-HEA 1240 — Concur 3
81-(2) the nonpayment is caused by the failure of:
82-(A) the county auditor to prepare and deliver a certificate of
83-settlement to the county treasurer;
84-(B) the county treasurer to make payment; or
85-(C) the county auditor to issue a warrant for the amount due
86-the state.
87-(b) When a county prosecuting attorney receives the notice required
88-by this section, the county prosecuting attorney shall initiate a suit in
89-the name of the state against the defaulting county auditor or treasurer.
90-The defaulting party is liable in an amount equal to one hundred fifteen
91-percent (115%) of the amount due the state.
92-SECTION 5. IC 6-3.6-2-14, AS AMENDED BY P.L.247-2017,
93-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
94-JULY 1, 2024]: Sec. 14. "Public safety" refers to the following:
95-(1) A police and law enforcement system to preserve public peace
96-and order.
97-(2) A firefighting and fire prevention system.
98-(3) Emergency ambulance services (as defined in
99-IC 16-18-2-107).
100-(4) Emergency medical services (as defined in IC 16-18-2-110).
101-(5) Emergency action (as defined in IC 13-11-2-65).
102-(6) A probation department of a court.
103-(7) Confinement, supervision, services under a community
104-corrections program (as defined in IC 35-38-2.6-2), or other
105-correctional services for a person who has been:
106-(A) diverted before a final hearing or trial under an agreement
107-that is between the county prosecuting attorney of the
108-appropriate judicial circuit and the person or the person's
109-custodian, guardian, or parent and that provides for
110-confinement, supervision, community corrections services, or
111-other correctional services instead of a final action described
112-in clause (B) or (C);
113-(B) convicted of a crime; or
114-(C) adjudicated as a delinquent child or a child in need of
115-services.
116-(8) A juvenile detention facility under IC 31-31-8.
117-(9) A juvenile detention center under IC 31-31-9.
118-(10) A county jail.
119-(11) A communications system (as defined in IC 36-8-15-3), an
120-enhanced emergency telephone system (as defined in
121-IC 36-8-16-2, before its repeal on July 1, 2012), a PSAP (as
122-defined in IC 36-8-16.7-20) that is part of the statewide 911
123-HEA 1240 — Concur 4
124-system (as defined in IC 36-8-16.7-22) and located within the
125-county, or the statewide 911 system (as defined in
126-IC 36-8-16.7-22).
127-(12) Medical and health expenses for jailed inmates and other
128-confined persons.
129-(13) Pension payments for any of the following:
130-(A) A member of a fire department (as defined in IC 36-8-1-8)
131-or any other employee of the fire department.
132-(B) A member of a police department (as defined in
133-IC 36-8-1-9), a police chief hired under a waiver under
134-IC 36-8-4-6.5, or any other employee hired by the police
135-department.
136-(C) A county sheriff or any other member of the office of the
137-county sheriff.
138-(D) Other personnel employed to provide a service described
139-in this section.
140-(14) Law enforcement training.
141-SECTION 6. IC 6-8.1-3-13 IS AMENDED TO READ AS
142-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) The attorney
143-general and the respective county prosecuting attorneys have
144-concurrent jurisdiction in conducting criminal prosecutions of tax
145-matters. Either the attorney general or the respective prosecuting
146-attorney may initiate criminal tax proceedings, and appear before grand
147-juries to report violations, give legal advice, or interrogate witnesses.
148-(b) Upon request by the department, the attorney general shall
149-prosecute a civil action to collect unpaid taxes, penalties, and interest
150-and to enforce the department's powers.
151-SECTION 7. IC 10-21-1-12, AS ADDED BY P.L.150-2023,
152-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
153-JULY 1, 2024]: Sec. 12. (a) Not later than December 31, 2023, a
154-county shall establish a county school safety commission. Unless
155-otherwise specified in subsection (b)(1) through (b)(11), the members
156-described in subsection (b) are appointed by the school corporation
157-having the largest ADM (as defined in IC 20-18-2-2), as determined in
158-the fall count of ADM in the school year ending in the current calendar
159-year.
160-(b) The members of the commission are as follows:
161-(1) A school safety specialist for each school corporation located
162-in whole or in part in the county.
163-(2) The judge of the court having juvenile jurisdiction in the
164-county or the judge's designee.
165-(3) The sheriff of the county or the sheriff's designee.
166-HEA 1240 — Concur 5
167-(4) The chief officer of every other law enforcement agency in the
168-county, or the chief officer's designee.
169-(5) A representative of the juvenile probation system, appointed
170-by the judge described in subdivision (2).
171-(6) Representatives of community agencies that work with
172-children within the county.
173-(7) A representative of the Indiana state police district that serves
174-the county, appointed by the Indiana state police.
175-(8) A representative of the prosecuting attorneys council of
176-Indiana prosecuting attorney or deputy prosecuting attorney
177-who specializes in the prosecution of juveniles, appointed by the
178-prosecuting attorney.
179-(9) A school safety specialist of a charter school representing the
180-interests and viewpoints of charter schools within the
181-commission's jurisdiction if at least one (1) charter school within
182-the commission's jurisdiction requests to participate.
183-(10) A school safety specialist of an accredited nonpublic school
184-representing the interests and viewpoints of accredited nonpublic
185-schools within the commission's jurisdiction if at least one (1)
186-accredited nonpublic school requests to participate.
187-(11) Other appropriate individuals selected by the commission.
188-(c) Once a commission is established, the school safety specialist of
189-the school corporation having the largest ADM (as defined in
190-IC 20-18-2-2), as determined in the fall count of ADM in the school
191-year ending in the current calendar year, in the county shall convene
192-the initial meeting of the commission.
193-(d) The members shall annually elect a chairperson.
194-(e) A commission shall perform the following duties:
195-(1) Periodically perform a cumulative analysis of school safety
196-needs within the county.
197-(2) Coordinate and make recommendations for the following:
198-(A) Prevention of juvenile offenses and improving the
199-reporting of juvenile offenses within the schools.
200-(B) Proposals for identifying and assessing children who are
201-at high risk of experiencing a mental health or behavioral
202-health crisis or becoming juvenile offenders.
203-(C) Methods to meet the educational needs of children who
204-have been detained as juvenile offenders.
205-(D) Methods to improve communications among agencies that
206-work with children.
207-(E) Methods to improve school security and emergency
208-preparedness.
209-HEA 1240 — Concur 6
210-(F) Additional equipment or personnel that are necessary to
211-carry out school safety plans.
212-(G) Pooling resources, combining purchases, using shared
213-administrative services, or collaborating among participating
214-school corporations, school corporation career and technical
215-education schools described in IC 20-37-1-1, and charter
216-schools to improve the maintenance of safe schools.
217-(H) Implementing best practices and procedures to use critical
218-incidence digital mapping in the event of an emergency within
219-the county.
220-(I) Any other topic the commission considers necessary to
221-improve school safety within the commission's jurisdiction.
222-(3) Provide assistance to school safety specialists and school
223-resource officers within the commission's jurisdiction in
224-developing and:
225-(A) implementing school safety plans; and
226-(B) requesting grants from the fund.
227-(4) Assist accredited nonpublic schools within the commission's
228-jurisdiction that voluntarily submit a school safety plan or a local
229-school safety and emergency plan (described in IC 20-34-3-23) to
230-the commission seeking assistance in carrying out the school
231-safety plan.
232-(f) The affirmative votes of a majority of the voting members of the
233-commission are required for the commission to take action on a
234-measure.
235-(g) A commission shall receive the school safety plans for the
236-school corporations and charter schools located in the county.
237-(h) A commission may receive from an accredited nonpublic school
238-within the commission's jurisdiction a school safety plan or a local
239-school safety and emergency plan described in IC 20-34-3-23.
240-(i) The commission shall keep the school safety plans compiled and
241-retained under this section confidential and shall withhold the
242-information from public disclosure.
243-(j) The commission may share the school safety plans under
244-subsections (g) and (h) with law enforcement and first responder
245-agencies that have jurisdiction over the school corporation, charter
246-school, or accredited nonpublic school. For the purposes of IC 5-14-3,
247-the entities receiving a school safety plan under this subsection shall
248-keep information compiled and retained under subsections (g) and (h)
249-confidential and shall withhold the information from public disclosure.
250-(k) A commission shall annually submit to the board on a date
251-established by the board:
252-HEA 1240 — Concur 7
253-(1) meeting minutes;
254-(2) any meeting agenda materials directly related to taking action
255-on a measure under this section; and
256-(3) a brief annual summary of its activities and accomplishments.
257-SECTION 8. IC 12-8-1.5-18, AS ADDED BY P.L.34-2016,
258-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
259-JULY 1, 2024]: Sec. 18. (a) Before December 1, 2016, the office of the
260-secretary of family and social services, in cooperation with the Indiana
261-prosecuting attorneys council, shall do the following:
262-(1) Prepare and submit a report as described in subsection (b) to
263-the legislative council in an electronic format under IC 5-14-6.
264-(2) Present the report required under this section to the budget
265-committee.
266-(b) The report must include:
267-(1) an estimation of the appropriate staffing levels necessary for
268-the office of the secretary of family and social services and county
269-prosecuting attorney offices to efficiently and effectively manage
270-the investigations of reports of matters related to the abuse,
271-neglect, or exploitation of endangered adults;
272-(2) identification of:
273-(A) the circumstances that should result in emergency
274-placement in the case of an adult protective services
275-investigation;
276-(B) the appropriate types of emergency placements based on
277-those circumstances; and
278-(C) strategies for improving emergency placement capabilities;
279-(3) consideration of the benefits and cost of establishing a
280-centralized intake system for reports of matters related to the
281-abuse, neglect, or exploitation of endangered adults;
282-(4) a statement of consistent standards of care for endangered
283-adults;
284-(5) a determination of the appropriate levels of training for
285-employees of:
286-(A) the office of the secretary of family and social services;
287-and
288-(B) a county prosecuting attorney office;
289-who are involved in providing adult protective services;
290-(6) a draft of a cooperative agreement between the office of the
291-secretary of family and social services and the Indiana
292-prosecuting attorneys council that sets forth the duties and
293-responsibilities of the agencies and county prosecuting attorney
294-offices with regard to adult protective services; and
295-HEA 1240 — Concur 8
296-(7) performance goals and accountability metrics for adult
297-protective services to be incorporated in contracts and grant
298-agreements.
299-(c) The budget committee shall consider the report submitted under
300-this section in formulating the committee's budget recommendations.
301-SECTION 9. IC 12-10-3-29.5, AS AMENDED BY P.L.109-2015,
302-SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
303-JULY 1, 2024]: Sec. 29.5. (a) Except as provided in subsection (b), an
304-adult protective services unit or a staff member of the adult protective
305-services unit may not be designated as:
306-(1) a personal representative;
307-(2) a health care representative;
308-(3) a guardian;
309-(4) a guardian ad litem; or
310-(5) any other type of representative;
311-for an endangered adult.
312-(b) The:
313-(1) county prosecutor prosecuting attorney in the county in
314-which the adult protective services unit is located; or
315-(2) head of the governmental entity if the adult protective services
316-unit is operated by a governmental entity;
317-may give written permission for an adult protective services unit or a
318-staff member of the adult protective services unit to be designated as
319-a representative described in subsection (a)(1) through (a)(5).
320-SECTION 10. IC 16-21-8-10, AS AMENDED BY P.L.36-2019,
321-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
322-JULY 1, 2024]: Sec. 10. (a) Law enforcement shall:
323-(1) obtain the sample within forty-eight (48) hours after receiving
324-a provider's notification; and
325-(2) transport the sample to secured storage.
326-(b) Law enforcement shall keep the sample in secured storage until
327-the earlier of the following:
328-(1) At least one (1) year after the date the sample is placed in
329-secured storage.
330-(2) The victim reports the sex crime to law enforcement and the
331-sample is transported to a crime lab. in accordance with
332-IC 35-33-5-5.
333-(c) Notification of sample destruction may be provided by the
334-division through the web based claims reimbursement and sexual
335-assault examination kit tracking system. Law enforcement agencies and
336-prosecuting attorneys shall cooperate with the division by providing
337-storage updates to the division via the web based claims reimbursement
338-HEA 1240 — Concur 9
339-and sexual assault examination kit tracking system.
340-(d) A victim may register for notification through the web based
341-claims reimbursement and sexual assault examination kit tracking
342-system.
343-(e) Each county shall develop and implement a plan for the secured
344-storage and destruction of samples.
345-(f) The director of the Indiana criminal justice institute may delay
346-the implementation of this section until the earlier of the following:
347-(1) A date set by the director.
348-(2) The date funding becomes available by a grant through the
349-criminal justice institute or by an appropriation from the general
350-assembly.
351-If the director of the criminal justice institute delays implementation of
352-this section, the director shall notify the prosecuting attorney of each
353-county of the director's action and when funding becomes available to
354-implement this section.
355-(g) The failure to comply with:
356-(1) this chapter;
357-(2) a plan adopted by a county; or
358-(3) a protocol adopted by a sexual assault response team;
359-does not, standing alone, affect the admissibility of a sample as
360-evidence in a criminal or civil proceeding.
361-SECTION 11. IC 20-26-18-2, AS AMENDED BY P.L.25-2016,
362-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
363-JULY 1, 2024]: Sec. 2. (a) Not later than June 1, 2016, the governing
364-body of each school corporation shall establish a written policy to
365-address criminal organizations and criminal organization activity in
366-schools. The governing body of a school corporation shall develop the
367-policy in consultation with:
368-(1) parents;
369-(2) school employees;
370-(3) local law enforcement officials;
371-(4) the county prosecuting attorney;
372-(5) the county public defender;
373-(6) organizations that have expertise in criminal organization
374-education, prevention, or intervention;
375-(7) a juvenile court judge;
376-(8) a school behavioral health or community mental health
377-professional; and
378-(9) any other person or entity the governing body of the school
379-corporation determines to be appropriate.
380-(b) The policy must meet all the requirements for the department's
381-HEA 1240 — Concur 10
382-model criminal organization policy set forth in IC 20-19-3-12(d).
383-(c) Not later than September 1, 2016, each school corporation shall
384-submit a copy of its criminal organization policy to the department.
385-SECTION 12. IC 20-26-18-5, AS AMENDED BY P.L.25-2016,
386-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
387-JULY 1, 2024]: Sec. 5. To foster the continuing coordination of
388-criminal organization prevention, intervention, and suppression efforts,
389-the governing body of a school corporation may establish a program to
390-provide criminal organization intervention services to students. If a
391-school corporation chooses to develop a program under this section, the
392-governing body shall establish an advisory committee that includes the
393-following members:
394-(1) Parents.
395-(2) School employees.
396-(3) Local law enforcement officials.
397-(4) The county prosecuting attorney.
398-(5) The county public defender.
399-(6) A juvenile court judge.
400-(7) A school behavioral health or community mental health
401-professional.
402-(8) Representatives of organizations that have expertise in
403-criminal organization education, prevention, or intervention.
404-(9) Any other person or entity the governing body determines is
405-appropriate.
406-SECTION 13. IC 24-4.7-2-9, AS AMENDED BY P.L.226-2011,
52+1 SECTION 1. IC 6-1.1-5.5-12, AS AMENDED BY P.L.144-2008,
53+2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
54+3 JULY 1, 2024]: Sec. 12. (a) A party to a conveyance who:
55+4 (1) either:
56+5 (A) files a sales disclosure form that does not contain all of the
57+6 information required by this chapter; or
58+7 (B) files a sales disclosure form that contains inaccurate
59+8 information;
60+9 and receives from the township assessor (in a county containing
61+10 a consolidated city) or the county assessor (in any other county)
62+11 written notice of the problems described in clause (A) or (B); and
63+12 (2) fails to file a correct sales disclosure form that fully complies
64+13 with all requirements of this chapter within thirty (30) days after
65+14 the date of the notice under subdivision (1);
66+15 is subject to a penalty in the amount determined under subsection (b).
67+16 (b) The amount of the penalty under subsection (a) is the greater of:
68+17 (1) one hundred dollars ($100); or
69+EH 1240—LS 6775/DI 106 2
70+1 (2) twenty-five thousandths percent (0.025%) of the sale price of
71+2 the real property transferred under the conveyance document.
72+3 (c) The township assessor in a county containing a consolidated city,
73+4 or the county assessor in any other county, shall:
74+5 (1) determine the penalty imposed under this section;
75+6 (2) assess the penalty to the party to a conveyance; and
76+7 (3) notify the party to the conveyance that the penalty is payable
77+8 not later than thirty (30) days after notice of the assessment.
78+9 (d) The county auditor shall:
79+10 (1) collect the penalty imposed under this section;
80+11 (2) deposit penalty collections as required under section 4 of this
81+12 chapter; and
82+13 (3) notify the county prosecuting attorney of the appropriate
83+14 judicial circuit of delinquent payments.
84+15 (e) The county prosecuting attorney of the appropriate judicial
85+16 circuit shall initiate an action to recover a delinquent penalty under
86+17 this section. In a successful action against a person for a delinquent
87+18 penalty, the court shall award the county prosecuting attorney
88+19 reasonable attorney's fees.
89+20 SECTION 2. IC 6-1.1-24-8, AS AMENDED BY P.L.89-2007,
90+21 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
91+22 JULY 1, 2024]: Sec. 8. When one who purchases real property at a tax
92+23 sale fails to pay the bid, the real property shall again be offered for sale.
93+24 A purchaser who fails to pay the bid shall pay a civil penalty of
94+25 twenty-five percent (25%) of the amount of the bid. The county
95+26 prosecuting attorney of the appropriate judicial circuit shall initiate
96+27 an action in the name of the state treasurer to recover the civil penalty.
97+28 Amounts collected under this section shall be deposited in the county
98+29 general fund.
99+30 SECTION 3. IC 6-1.1-27-4 IS AMENDED TO READ AS
100+31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. If a county treasurer
101+32 fails to make a semi-annual settlement with the auditor of his the
102+33 county or to pay over the money due the county, the county auditor
103+34 shall notify the county prosecuting attorney of the appropriate
104+35 judicial circuit who shall bring a suit upon the bond of the county
105+36 treasurer. The county treasurer and his the county treasurer's sureties
106+37 are liable in an amount equal to one hundred ten percent (110%) of the
107+38 taxes and other charges for which the county treasurer fails to make a
108+39 settlement or pay over.
109+40 SECTION 4. IC 6-1.1-27-5, AS AMENDED BY THE TECHNICAL
110+41 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
111+42 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
112+EH 1240—LS 6775/DI 106 3
113+1 Sec. 5. (a) The state auditor comptroller shall notify the appropriate
114+2 county prosecuting attorney of the appropriate judicial circuit if:
115+3 (1) the money due the state as shown by a certificate of settlement
116+4 is not paid to the state treasurer by the time required under section
117+5 3 of this chapter; and
118+6 (2) the nonpayment is caused by the failure of:
119+7 (A) the county auditor to prepare and deliver a certificate of
120+8 settlement to the county treasurer;
121+9 (B) the county treasurer to make payment; or
122+10 (C) the county auditor to issue a warrant for the amount due
123+11 the state.
124+12 (b) When a county prosecuting attorney receives the notice required
125+13 by this section, the county prosecuting attorney shall initiate a suit in
126+14 the name of the state against the defaulting county auditor or treasurer.
127+15 The defaulting party is liable in an amount equal to one hundred fifteen
128+16 percent (115%) of the amount due the state.
129+17 SECTION 5. IC 6-3.6-2-14, AS AMENDED BY P.L.247-2017,
130+18 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
131+19 JULY 1, 2024]: Sec. 14. "Public safety" refers to the following:
132+20 (1) A police and law enforcement system to preserve public peace
133+21 and order.
134+22 (2) A firefighting and fire prevention system.
135+23 (3) Emergency ambulance services (as defined in
136+24 IC 16-18-2-107).
137+25 (4) Emergency medical services (as defined in IC 16-18-2-110).
138+26 (5) Emergency action (as defined in IC 13-11-2-65).
139+27 (6) A probation department of a court.
140+28 (7) Confinement, supervision, services under a community
141+29 corrections program (as defined in IC 35-38-2.6-2), or other
142+30 correctional services for a person who has been:
143+31 (A) diverted before a final hearing or trial under an agreement
144+32 that is between the county prosecuting attorney of the
145+33 appropriate judicial circuit and the person or the person's
146+34 custodian, guardian, or parent and that provides for
147+35 confinement, supervision, community corrections services, or
148+36 other correctional services instead of a final action described
149+37 in clause (B) or (C);
150+38 (B) convicted of a crime; or
151+39 (C) adjudicated as a delinquent child or a child in need of
152+40 services.
153+41 (8) A juvenile detention facility under IC 31-31-8.
154+42 (9) A juvenile detention center under IC 31-31-9.
155+EH 1240—LS 6775/DI 106 4
156+1 (10) A county jail.
157+2 (11) A communications system (as defined in IC 36-8-15-3), an
158+3 enhanced emergency telephone system (as defined in
159+4 IC 36-8-16-2, before its repeal on July 1, 2012), a PSAP (as
160+5 defined in IC 36-8-16.7-20) that is part of the statewide 911
161+6 system (as defined in IC 36-8-16.7-22) and located within the
162+7 county, or the statewide 911 system (as defined in
163+8 IC 36-8-16.7-22).
164+9 (12) Medical and health expenses for jailed inmates and other
165+10 confined persons.
166+11 (13) Pension payments for any of the following:
167+12 (A) A member of a fire department (as defined in IC 36-8-1-8)
168+13 or any other employee of the fire department.
169+14 (B) A member of a police department (as defined in
170+15 IC 36-8-1-9), a police chief hired under a waiver under
171+16 IC 36-8-4-6.5, or any other employee hired by the police
172+17 department.
173+18 (C) A county sheriff or any other member of the office of the
174+19 county sheriff.
175+20 (D) Other personnel employed to provide a service described
176+21 in this section.
177+22 (14) Law enforcement training.
178+23 SECTION 6. IC 6-8.1-3-13 IS AMENDED TO READ AS
179+24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) The attorney
180+25 general and the respective county prosecuting attorneys have
181+26 concurrent jurisdiction in conducting criminal prosecutions of tax
182+27 matters. Either the attorney general or the respective prosecuting
183+28 attorney may initiate criminal tax proceedings, and appear before grand
184+29 juries to report violations, give legal advice, or interrogate witnesses.
185+30 (b) Upon request by the department, the attorney general shall
186+31 prosecute a civil action to collect unpaid taxes, penalties, and interest
187+32 and to enforce the department's powers.
188+33 SECTION 7. IC 10-21-1-12, AS ADDED BY P.L.150-2023,
189+34 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
190+35 JULY 1, 2024]: Sec. 12. (a) Not later than December 31, 2023, a
191+36 county shall establish a county school safety commission. Unless
192+37 otherwise specified in subsection (b)(1) through (b)(11), the members
193+38 described in subsection (b) are appointed by the school corporation
194+39 having the largest ADM (as defined in IC 20-18-2-2), as determined in
195+40 the fall count of ADM in the school year ending in the current calendar
196+41 year.
197+42 (b) The members of the commission are as follows:
198+EH 1240—LS 6775/DI 106 5
199+1 (1) A school safety specialist for each school corporation located
200+2 in whole or in part in the county.
201+3 (2) The judge of the court having juvenile jurisdiction in the
202+4 county or the judge's designee.
203+5 (3) The sheriff of the county or the sheriff's designee.
204+6 (4) The chief officer of every other law enforcement agency in the
205+7 county, or the chief officer's designee.
206+8 (5) A representative of the juvenile probation system, appointed
207+9 by the judge described in subdivision (2).
208+10 (6) Representatives of community agencies that work with
209+11 children within the county.
210+12 (7) A representative of the Indiana state police district that serves
211+13 the county, appointed by the Indiana state police.
212+14 (8) A representative of the prosecuting attorneys council of
213+15 Indiana prosecuting attorney or deputy prosecuting attorney
214+16 who specializes in the prosecution of juveniles, appointed by the
215+17 prosecuting attorney.
216+18 (9) A school safety specialist of a charter school representing the
217+19 interests and viewpoints of charter schools within the
218+20 commission's jurisdiction if at least one (1) charter school within
219+21 the commission's jurisdiction requests to participate.
220+22 (10) A school safety specialist of an accredited nonpublic school
221+23 representing the interests and viewpoints of accredited nonpublic
222+24 schools within the commission's jurisdiction if at least one (1)
223+25 accredited nonpublic school requests to participate.
224+26 (11) Other appropriate individuals selected by the commission.
225+27 (c) Once a commission is established, the school safety specialist of
226+28 the school corporation having the largest ADM (as defined in
227+29 IC 20-18-2-2), as determined in the fall count of ADM in the school
228+30 year ending in the current calendar year, in the county shall convene
229+31 the initial meeting of the commission.
230+32 (d) The members shall annually elect a chairperson.
231+33 (e) A commission shall perform the following duties:
232+34 (1) Periodically perform a cumulative analysis of school safety
233+35 needs within the county.
234+36 (2) Coordinate and make recommendations for the following:
235+37 (A) Prevention of juvenile offenses and improving the
236+38 reporting of juvenile offenses within the schools.
237+39 (B) Proposals for identifying and assessing children who are
238+40 at high risk of experiencing a mental health or behavioral
239+41 health crisis or becoming juvenile offenders.
240+42 (C) Methods to meet the educational needs of children who
241+EH 1240—LS 6775/DI 106 6
242+1 have been detained as juvenile offenders.
243+2 (D) Methods to improve communications among agencies that
244+3 work with children.
245+4 (E) Methods to improve school security and emergency
246+5 preparedness.
247+6 (F) Additional equipment or personnel that are necessary to
248+7 carry out school safety plans.
249+8 (G) Pooling resources, combining purchases, using shared
250+9 administrative services, or collaborating among participating
251+10 school corporations, school corporation career and technical
252+11 education schools described in IC 20-37-1-1, and charter
253+12 schools to improve the maintenance of safe schools.
254+13 (H) Implementing best practices and procedures to use critical
255+14 incidence digital mapping in the event of an emergency within
256+15 the county.
257+16 (I) Any other topic the commission considers necessary to
258+17 improve school safety within the commission's jurisdiction.
259+18 (3) Provide assistance to school safety specialists and school
260+19 resource officers within the commission's jurisdiction in
261+20 developing and:
262+21 (A) implementing school safety plans; and
263+22 (B) requesting grants from the fund.
264+23 (4) Assist accredited nonpublic schools within the commission's
265+24 jurisdiction that voluntarily submit a school safety plan or a local
266+25 school safety and emergency plan (described in IC 20-34-3-23) to
267+26 the commission seeking assistance in carrying out the school
268+27 safety plan.
269+28 (f) The affirmative votes of a majority of the voting members of the
270+29 commission are required for the commission to take action on a
271+30 measure.
272+31 (g) A commission shall receive the school safety plans for the
273+32 school corporations and charter schools located in the county.
274+33 (h) A commission may receive from an accredited nonpublic school
275+34 within the commission's jurisdiction a school safety plan or a local
276+35 school safety and emergency plan described in IC 20-34-3-23.
277+36 (i) The commission shall keep the school safety plans compiled and
278+37 retained under this section confidential and shall withhold the
279+38 information from public disclosure.
280+39 (j) The commission may share the school safety plans under
281+40 subsections (g) and (h) with law enforcement and first responder
282+41 agencies that have jurisdiction over the school corporation, charter
283+42 school, or accredited nonpublic school. For the purposes of IC 5-14-3,
284+EH 1240—LS 6775/DI 106 7
285+1 the entities receiving a school safety plan under this subsection shall
286+2 keep information compiled and retained under subsections (g) and (h)
287+3 confidential and shall withhold the information from public disclosure.
288+4 (k) A commission shall annually submit to the board on a date
289+5 established by the board:
290+6 (1) meeting minutes;
291+7 (2) any meeting agenda materials directly related to taking action
292+8 on a measure under this section; and
293+9 (3) a brief annual summary of its activities and accomplishments.
294+10 SECTION 8. IC 12-8-1.5-18, AS ADDED BY P.L.34-2016,
295+11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
296+12 JULY 1, 2024]: Sec. 18. (a) Before December 1, 2016, the office of the
297+13 secretary of family and social services, in cooperation with the Indiana
298+14 prosecuting attorneys council, shall do the following:
299+15 (1) Prepare and submit a report as described in subsection (b) to
300+16 the legislative council in an electronic format under IC 5-14-6.
301+17 (2) Present the report required under this section to the budget
302+18 committee.
303+19 (b) The report must include:
304+20 (1) an estimation of the appropriate staffing levels necessary for
305+21 the office of the secretary of family and social services and county
306+22 prosecuting attorney offices to efficiently and effectively manage
307+23 the investigations of reports of matters related to the abuse,
308+24 neglect, or exploitation of endangered adults;
309+25 (2) identification of:
310+26 (A) the circumstances that should result in emergency
311+27 placement in the case of an adult protective services
312+28 investigation;
313+29 (B) the appropriate types of emergency placements based on
314+30 those circumstances; and
315+31 (C) strategies for improving emergency placement capabilities;
316+32 (3) consideration of the benefits and cost of establishing a
317+33 centralized intake system for reports of matters related to the
318+34 abuse, neglect, or exploitation of endangered adults;
319+35 (4) a statement of consistent standards of care for endangered
320+36 adults;
321+37 (5) a determination of the appropriate levels of training for
322+38 employees of:
323+39 (A) the office of the secretary of family and social services;
324+40 and
325+41 (B) a county prosecuting attorney office;
326+42 who are involved in providing adult protective services;
327+EH 1240—LS 6775/DI 106 8
328+1 (6) a draft of a cooperative agreement between the office of the
329+2 secretary of family and social services and the Indiana
330+3 prosecuting attorneys council that sets forth the duties and
331+4 responsibilities of the agencies and county prosecuting attorney
332+5 offices with regard to adult protective services; and
333+6 (7) performance goals and accountability metrics for adult
334+7 protective services to be incorporated in contracts and grant
335+8 agreements.
336+9 (c) The budget committee shall consider the report submitted under
337+10 this section in formulating the committee's budget recommendations.
338+11 SECTION 9. IC 12-10-3-29.5, AS AMENDED BY P.L.109-2015,
339+12 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
340+13 JULY 1, 2024]: Sec. 29.5. (a) Except as provided in subsection (b), an
341+14 adult protective services unit or a staff member of the adult protective
342+15 services unit may not be designated as:
343+16 (1) a personal representative;
344+17 (2) a health care representative;
345+18 (3) a guardian;
346+19 (4) a guardian ad litem; or
347+20 (5) any other type of representative;
348+21 for an endangered adult.
349+22 (b) The:
350+23 (1) county prosecutor prosecuting attorney in the county in
351+24 which the adult protective services unit is located; or
352+25 (2) head of the governmental entity if the adult protective services
353+26 unit is operated by a governmental entity;
354+27 may give written permission for an adult protective services unit or a
355+28 staff member of the adult protective services unit to be designated as
356+29 a representative described in subsection (a)(1) through (a)(5).
357+30 SECTION 10. IC 16-21-8-10, AS AMENDED BY P.L.36-2019,
358+31 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
359+32 JULY 1, 2024]: Sec. 10. (a) Law enforcement shall:
360+33 (1) obtain the sample within forty-eight (48) hours after receiving
361+34 a provider's notification; and
362+35 (2) transport the sample to secured storage.
363+36 (b) Law enforcement shall keep the sample in secured storage until
364+37 the earlier of the following:
365+38 (1) At least one (1) year after the date the sample is placed in
366+39 secured storage.
367+40 (2) The victim reports the sex crime to law enforcement and the
368+41 sample is transported to a crime lab. in accordance with
369+42 IC 35-33-5-5.
370+EH 1240—LS 6775/DI 106 9
371+1 (c) Notification of sample destruction may be provided by the
372+2 division through the web based claims reimbursement and sexual
373+3 assault examination kit tracking system. Law enforcement agencies and
374+4 prosecuting attorneys shall cooperate with the division by providing
375+5 storage updates to the division via the web based claims reimbursement
376+6 and sexual assault examination kit tracking system.
377+7 (d) A victim may register for notification through the web based
378+8 claims reimbursement and sexual assault examination kit tracking
379+9 system.
380+10 (e) Each county shall develop and implement a plan for the secured
381+11 storage and destruction of samples.
382+12 (f) The director of the Indiana criminal justice institute may delay
383+13 the implementation of this section until the earlier of the following:
384+14 (1) A date set by the director.
385+15 (2) The date funding becomes available by a grant through the
386+16 criminal justice institute or by an appropriation from the general
387+17 assembly.
388+18 If the director of the criminal justice institute delays implementation of
389+19 this section, the director shall notify the prosecuting attorney of each
390+20 county of the director's action and when funding becomes available to
391+21 implement this section.
392+22 (g) The failure to comply with:
393+23 (1) this chapter;
394+24 (2) a plan adopted by a county; or
395+25 (3) a protocol adopted by a sexual assault response team;
396+26 does not, standing alone, affect the admissibility of a sample as
397+27 evidence in a criminal or civil proceeding.
398+28 SECTION 11. IC 20-26-18-2, AS AMENDED BY P.L.25-2016,
399+29 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
400+30 JULY 1, 2024]: Sec. 2. (a) Not later than June 1, 2016, the governing
401+31 body of each school corporation shall establish a written policy to
402+32 address criminal organizations and criminal organization activity in
403+33 schools. The governing body of a school corporation shall develop the
404+34 policy in consultation with:
405+35 (1) parents;
406+36 (2) school employees;
407+37 (3) local law enforcement officials;
408+38 (4) the county prosecuting attorney;
409+39 (5) the county public defender;
410+40 (6) organizations that have expertise in criminal organization
411+41 education, prevention, or intervention;
412+42 (7) a juvenile court judge;
413+EH 1240—LS 6775/DI 106 10
414+1 (8) a school behavioral health or community mental health
415+2 professional; and
416+3 (9) any other person or entity the governing body of the school
417+4 corporation determines to be appropriate.
418+5 (b) The policy must meet all the requirements for the department's
419+6 model criminal organization policy set forth in IC 20-19-3-12(d).
420+7 (c) Not later than September 1, 2016, each school corporation shall
421+8 submit a copy of its criminal organization policy to the department.
422+9 SECTION 12. IC 20-26-18-5, AS AMENDED BY P.L.25-2016,
423+10 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
424+11 JULY 1, 2024]: Sec. 5. To foster the continuing coordination of
425+12 criminal organization prevention, intervention, and suppression efforts,
426+13 the governing body of a school corporation may establish a program to
427+14 provide criminal organization intervention services to students. If a
428+15 school corporation chooses to develop a program under this section, the
429+16 governing body shall establish an advisory committee that includes the
430+17 following members:
431+18 (1) Parents.
432+19 (2) School employees.
433+20 (3) Local law enforcement officials.
434+21 (4) The county prosecuting attorney.
435+22 (5) The county public defender.
436+23 (6) A juvenile court judge.
437+24 (7) A school behavioral health or community mental health
438+25 professional.
439+26 (8) Representatives of organizations that have expertise in
440+27 criminal organization education, prevention, or intervention.
441+28 (9) Any other person or entity the governing body determines is
442+29 appropriate.
443+30 SECTION 13. IC 24-4.7-2-9, AS AMENDED BY P.L.226-2011,
444+31 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
445+32 JULY 1, 2024]: Sec. 9. (a) "Telephone sales call" means a telephone
446+33 call made to a consumer for any of the following purposes:
447+34 (1) Solicitation of a sale of consumer goods or services.
448+35 (2) Solicitation of a charitable contribution.
449+36 (3) Obtaining information that will or may be used for the direct
450+37 solicitation of a sale of consumer goods or services or an
451+38 extension of credit for such purposes.
452+39 (b) The term includes any of the following:
453+40 (1) A call made by use of an automated dialing device.
454+41 (2) A call made by use of a recorded message device.
455+42 (3) Transmission of:
456+EH 1240—LS 6775/DI 106 11
457+1 (A) a text message; or
458+2 (B) a graphic message;
459+3 using short message service (SMS).
460+4 (4) Transmission of:
461+5 (A) an image;
462+6 (B) a photograph; or
463+7 (C) a multimedia message;
464+8 using multimedia messaging service (MMS).
465+9 (3) Transmission of:
466+10 (A) a text message;
467+11 (B) a graphic message;
468+12 (C) an image;
469+13 (D) a photograph; or
470+14 (E) a multimedia message;
471+15 to a telephone number through the use of short message
472+16 service (SMS), multimedia messaging service (MMS),
473+17 over-the-top (OTT) messaging or voice calling service, or any
474+18 other technology or service that transmits messages to a
475+19 device.
476+20 SECTION 14. IC 24-4.7-3-6, AS AMENDED BY P.L.242-2019,
477+21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
478+22 JULY 1, 2024]: Sec. 6. (a) The consumer protection division telephone
479+23 solicitation fund is established for the following purposes:
480+24 (1) The administration of:
481+25 (A) this article;
482+26 (B) IC 24-5-0.5-3(b)(19);
483+27 (C) IC 24-5-12;
484+28 (D) IC 24-5-14; and
485+29 (E) IC 24-5-14.5.
486+30 (2) The reimbursement of county prosecutors prosecuting
487+31 attorneys for expenses incurred in extraditing violators of any
488+32 statute set forth in subdivision (1).
489+33 The fund shall be used exclusively for these purposes.
490+34 (b) The division shall administer the fund.
491+35 (c) The fund consists of all revenue received:
492+36 (1) under this article;
493+37 (2) from civil penalties recovered under IC 24-5-0.5-4(h);
494+38 (3) from civil penalties recovered after June 30, 2019, under
495+39 IC 24-5-12-23(b);
496+40 (4) from civil penalties recovered after June 30, 2019, under
497+41 IC 24-5-14-13(b); and
498+42 (5) from civil penalties recovered under IC 24-5-14.5-12.
499+EH 1240—LS 6775/DI 106 12
500+1 (d) Money in the fund is continuously appropriated to the division
501+2 for the purposes set forth in subsection (a).
502+3 (e) Money in the fund at the end of a state fiscal year does not revert
503+4 to the state general fund. However, if the amount of money in the fund
504+5 at the end of a particular state fiscal year exceeds two hundred
505+6 thousand dollars ($200,000), the treasurer of state shall transfer the
506+7 excess from the fund to the state general fund.
507+8 SECTION 15. IC 31-30-1-4, AS AMENDED BY P.L.115-2023,
508+9 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
509+10 JULY 1, 2024]: Sec. 4. (a) The juvenile court does not have jurisdiction
510+11 over an individual for an alleged violation of:
511+12 (1) IC 35-41-5-1(a) (attempted murder);
512+13 (2) IC 35-42-1-1 (murder);
513+14 (3) IC 35-42-3-2 (kidnapping);
514+15 (4) IC 35-42-4-1 (rape);
515+16 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
516+17 (6) IC 35-42-5-1 (robbery) if:
517+18 (A) the robbery was committed while armed with a deadly
518+19 weapon; or
519+20 (B) the robbery results in bodily injury or serious bodily
520+21 injury;
521+22 (7) IC 35-42-5-2 (carjacking) (before its repeal);
522+23 (8) IC 35-47-2-1.5 (unlawful carrying of a handgun), if charged
523+24 as a felony;
524+25 (9) (8) IC 35-47-10 (children and firearms), if charged as a felony;
525+26 or
526+27 (10) (9) any offense that may be joined under IC 35-34-1-9(a)(2)
527+28 with any crime listed in this subsection;
528+29 if the individual was at least sixteen (16) years of age but less than
529+30 eighteen (18) years of age at the time of the alleged violation.
530+31 (b) Once an individual described in subsection (a) has been charged
531+32 with any offense listed in subsection (a), the court having adult
532+33 criminal jurisdiction shall retain jurisdiction over the case if the
533+34 individual pleads guilty to or is convicted of any offense listed in
534+35 subsection (a)(1) through (a)(9). (a)(8).
535+36 (c) If:
536+37 (1) an individual described in subsection (a) is charged with one
537+38 (1) or more offenses listed in subsection (a);
538+39 (2) all the charges under subsection (a)(1) through (a)(9) (a)(8)
539+40 resulted in an acquittal or were dismissed; and
540+41 (3) the individual pleads guilty to or is convicted of any offense
541+42 other than an offense listed in subsection (a)(1) through (a)(9);
542+EH 1240—LS 6775/DI 106 13
543+1 (a)(8);
544+2 the court having adult criminal jurisdiction may withhold judgment and
545+3 transfer jurisdiction to the juvenile court for adjudication and
546+4 disposition. In determining whether to transfer jurisdiction to the
547+5 juvenile court for adjudication and disposition, the court having adult
548+6 criminal jurisdiction shall consider whether there are appropriate
549+7 services available in the juvenile justice system, whether the child is
550+8 amenable to rehabilitation under the juvenile justice system, and
551+9 whether it is in the best interests of the safety and welfare of the
552+10 community that the child be transferred to juvenile court. All orders
553+11 concerning release conditions remain in effect until a juvenile court
554+12 detention hearing, which must be held not later than forty-eight (48)
555+13 hours, excluding Saturdays, Sundays, and legal holidays, after the order
556+14 of transfer of jurisdiction.
557+15 (d) A court having adult criminal jurisdiction, and not a juvenile
558+16 court, has jurisdiction over a person who is at least twenty-one (21)
559+17 years of age for an alleged offense:
560+18 (1) committed while the person was a child; and
561+19 (2) that could have been waived under IC 31-30-3.
562+20 SECTION 16. IC 31-30-3-5, AS AMENDED BY P.L.158-2013,
563+21 SECTION 316, IS AMENDED TO READ AS FOLLOWS
564+22 [EFFECTIVE JULY 1, 2024]: Sec. 5. Except for those cases in which
565+23 the juvenile court has no jurisdiction in accordance with IC 31-30-1-4,
566+24 the court shall, upon motion of the prosecuting attorney and after full
567+25 investigation and hearing, waive jurisdiction if it finds that:
568+26 (1) the child is charged with an act that, if committed by an adult,
569+27 would be:
570+28 (A) a Level 1 felony, Level 2 felony, Level 3 felony, or Level
571+29 4 felony, except a felony defined by IC 35-48-4;
572+30 (B) involuntary manslaughter as a Level 5 felony under
573+31 IC 35-42-1-4; or
574+32 (C) reckless homicide as a Level 5 felony under IC 35-42-1-5;
575+33 or
576+34 (D) unlawful carrying of a handgun as a felony under
577+35 IC 35-47-2-1.5;
578+36 (2) there is probable cause to believe that the child has committed
579+37 the act; and
580+38 (3) the child was at least sixteen (16) years of age when the act
581+39 charged was allegedly committed;
582+40 unless it would be in the best interests of the child and of the safety and
583+41 welfare of the community for the child to remain within the juvenile
584+42 justice system.
585+EH 1240—LS 6775/DI 106 14
586+1 SECTION 17. IC 31-33-3-1, AS AMENDED BY P.L.146-2008,
587+2 SECTION 574, IS AMENDED TO READ AS FOLLOWS
588+3 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) A community child protection
589+4 team is established in each county. The community child protection
590+5 team is a countywide, multidisciplinary child protection team. The
591+6 team must include the following thirteen (13) members who reside in,
592+7 or provide services to residents of, the county in which the team is to
593+8 be formed:
594+9 (1) The director of the local office that provides child welfare
595+10 services in the county or the local office director's designee.
596+11 (2) Two (2) designees of the juvenile court judge.
597+12 (3) The county prosecuting attorney or the prosecuting attorney's
598+13 designee.
599+14 (4) The county sheriff or the sheriff's designee.
600+15 (5) Either:
601+16 (A) the president of the county executive in a county not
602+17 containing a consolidated city or the president's designee; or
603+18 (B) the executive of a consolidated city in a county containing
604+19 a consolidated city or the executive's designee.
605+20 (6) A director of a court appointed special advocate or guardian
606+21 ad litem program or the director's designee in the county in which
607+22 the team is to be formed.
608+23 (7) Either:
609+24 (A) a public school superintendent or the superintendent's
610+25 designee; or
611+26 (B) a director of a local special education cooperative or the
612+27 director's designee.
613+28 (8) Two (2) persons, each of whom is a physician or nurse, with
614+29 experience in pediatrics or family practice.
615+30 (9) Two (2) residents of the county.
616+31 (10) The chief law enforcement officer of the largest law
617+32 enforcement agency in the county (other than the county sheriff)
618+33 or the chief law enforcement officer's designee.
619+34 (b) The director of the local office serving the county shall appoint,
620+35 subject to the approval of the director of the department, the members
621+36 of the team under subsection (a)(7), (a)(8), and (a)(9).
622+37 SECTION 18. IC 33-24-6-3, AS AMENDED BY P.L.205-2023,
623+38 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
624+39 JULY 1, 2024]: Sec. 3. (a) The office of judicial administration shall
625+40 do the following:
626+41 (1) Examine the administrative and business methods and systems
627+42 employed in the offices of the clerks of court and other offices
628+EH 1240—LS 6775/DI 106 15
629+1 related to and serving the courts and make recommendations for
630+2 necessary improvement.
631+3 (2) Collect and compile statistical data and other information on
632+4 the judicial work of the courts in Indiana. All justices of the
633+5 supreme court, judges of the court of appeals, judges of all trial
634+6 courts, and any city or town courts, whether having general or
635+7 special jurisdiction, court clerks, court reporters, and other
636+8 officers and employees of the courts shall, upon notice by the
637+9 chief administrative officer and in compliance with procedures
638+10 prescribed by the chief administrative officer, furnish the chief
639+11 administrative officer the information as is requested concerning
640+12 the nature and volume of judicial business. The information must
641+13 include the following:
642+14 (A) The volume, condition, and type of business conducted by
643+15 the courts.
644+16 (B) The methods of procedure in the courts.
645+17 (C) The work accomplished by the courts.
646+18 (D) The receipt and expenditure of public money by and for
647+19 the operation of the courts.
648+20 (E) The methods of disposition or termination of cases.
649+21 (3) Prepare and publish reports, not less than one (1) or more than
650+22 two (2) times per year, on the nature and volume of judicial work
651+23 performed by the courts as determined by the information
652+24 required in subdivision (2).
653+25 (4) Serve the judicial nominating commission and the judicial
654+26 qualifications commission in the performance by the commissions
655+27 of their statutory and constitutional functions.
656+28 (5) Administer the civil legal aid fund as required by IC 33-24-12.
657+29 (6) Administer the court technology fund established by section
658+30 12 of this chapter.
659+31 (7) By December 31, 2013, develop and implement a standard
660+32 protocol for sending and receiving court data:
661+33 (A) between the protective order registry, established by
662+34 IC 5-2-9-5.5, and county court case management systems;
663+35 (B) at the option of the county prosecuting attorney, for:
664+36 (i) a prosecuting attorney's case management system;
665+37 (ii) a county court case management system; and
666+38 (iii) a county court case management system developed and
667+39 operated by the office of judicial administration;
668+40 to interface with the electronic traffic tickets, as defined by
669+41 IC 9-30-3-2.5; and
670+42 (C) between county court case management systems and the
671+EH 1240—LS 6775/DI 106 16
672+1 case management system developed and operated by the office
673+2 of judicial administration.
674+3 The standard protocol developed and implemented under this
675+4 subdivision shall permit private sector vendors, including vendors
676+5 providing service to a local system and vendors accessing the
677+6 system for information, to send and receive court information on
678+7 an equitable basis and at an equitable cost, and for a case
679+8 management system developed and operated by the office of
680+9 judicial administration, must include a searchable field for the
681+10 name and bail agent license number, if applicable, of the bail
682+11 agent or a person authorized by the surety that pays bail for an
683+12 individual as described in IC 35-33-8-3.2.
684+13 (8) Establish and administer an electronic system for receiving
685+14 information that relates to certain individuals who may be
686+15 prohibited from possessing a firearm for the purpose of:
687+16 (A) transmitting this information to the Federal Bureau of
688+17 Investigation for inclusion in the NICS; and
689+18 (B) beginning July 1, 2021, compiling and publishing certain
690+19 statistics related to the confiscation and retention of firearms
691+20 as described under section 14 of this chapter.
692+21 (9) Establish and administer an electronic system for receiving
693+22 drug related felony conviction information from courts. The office
694+23 of judicial administration shall notify NPLEx of each drug related
695+24 felony entered after June 30, 2012, and do the following:
696+25 (A) Provide NPLEx with the following information:
697+26 (i) The convicted individual's full name.
698+27 (ii) The convicted individual's date of birth.
699+28 (iii) The convicted individual's driver's license number, state
700+29 personal identification number, or other unique number, if
701+30 available.
702+31 (iv) The date the individual was convicted of the felony.
703+32 Upon receipt of the information from the office of judicial
704+33 administration, a stop sale alert must be generated through
705+34 NPLEx for each individual reported under this clause.
706+35 (B) Notify NPLEx if the felony of an individual reported under
707+36 clause (A) has been:
708+37 (i) set aside;
709+38 (ii) reversed;
710+39 (iii) expunged; or
711+40 (iv) vacated.
712+41 Upon receipt of information under this clause, NPLEx shall
713+42 remove the stop sale alert issued under clause (A) for the
714+EH 1240—LS 6775/DI 106 17
715+1 individual.
716+2 (10) After July 1, 2018, establish and administer an electronic
717+3 system for receiving from courts felony or misdemeanor
718+4 conviction information for each felony or misdemeanor described
719+5 in IC 20-28-5-8(c). The office of judicial administration shall
720+6 notify the department of education at least one (1) time each week
721+7 of each felony or misdemeanor described in IC 20-28-5-8(c)
722+8 entered after July 1, 2018, and do the following:
723+9 (A) Provide the department of education with the following
724+10 information:
725+11 (i) The convicted individual's full name.
726+12 (ii) The convicted individual's date of birth.
727+13 (iii) The convicted individual's driver's license number, state
728+14 personal identification number, or other unique number, if
729+15 available.
730+16 (iv) The date the individual was convicted of the felony or
731+17 misdemeanor.
732+18 (B) Notify the department of education if the felony or
733+19 misdemeanor of an individual reported under clause (A) has
734+20 been:
735+21 (i) set aside;
736+22 (ii) reversed; or
737+23 (iii) vacated.
738+24 (11) Perform legal and administrative duties for the justices as
739+25 determined by the justices.
740+26 (12) Provide staff support for the judicial conference of Indiana
741+27 established in IC 33-38-9.
742+28 (13) Work with the United States Department of Veterans Affairs
743+29 to identify and address the needs of veterans in the court system.
744+30 (14) If necessary for purposes of IC 35-47-16-1, issue a retired
745+31 judicial officer an identification card identifying the retired
746+32 judicial officer as a retired judicial officer.
747+33 (15) Establish and administer the statewide juvenile justice data
748+34 aggregation plan established under section 12.5 of this chapter.
749+35 (16) Create and make available an application for detention to be
750+36 used in proceedings under IC 12-26-5 (mental health detention,
751+37 commitment, and treatment).
752+38 (b) All forms to be used in gathering data must be approved by the
753+39 supreme court and shall be distributed to all judges and clerks before
754+40 the start of each period for which reports are required.
755+41 (c) The office of judicial administration may adopt rules to
756+42 implement this section.
757+EH 1240—LS 6775/DI 106 18
758+1 SECTION 19. IC 33-38-5-8.1, AS AMENDED BY P.L.229-2011,
759+2 SECTION 265, IS AMENDED TO READ AS FOLLOWS
760+3 [EFFECTIVE JULY 1, 2024]: Sec. 8.1. (a) Except as otherwise
761+4 provided in this section, the part of the total salary of an official:
762+5 (1) paid by the state; and
763+6 (2) set under section 6 or 8 of this chapter;
764+7 is increased in each state fiscal year in which the general assembly does
765+8 not amend the section of law under which the salary is determined to
766+9 provide a salary increase for the state fiscal year.
767+10 (b) The percentage by which salaries are increased in a state fiscal
768+11 year under this section is equal to the statewide average percentage, as
769+12 determined by the budget director, by which the salaries of state
770+13 employees in the executive branch who are in the same or a similar
771+14 salary bracket exceed, for the state fiscal year, the salaries of executive
772+15 branch state employees in the same or a similar salary bracket that were
773+16 in effect on July 1 of the immediately preceding state fiscal year.
774+17 (c) The amount of a salary increase under this section is equal to the
775+18 amount determined by applying the percentage increase for the
776+19 particular state fiscal year to the salary payable by the state, as
777+20 previously adjusted under this section, that is in effect on June 30 of the
778+21 immediately preceding state fiscal year. However, a salary increase that
779+22 would otherwise occur under this section in the state fiscal year
780+23 beginning July 1, 2011, or in the state fiscal year beginning July 1,
781+24 2012, shall not occur unless the increase for that state fiscal year is
782+25 approved by the chief justice of the supreme court.
783+26 (d) An official is not entitled to receive a salary increase under this
784+27 section in a state fiscal year in which state employees described in
785+28 subsection (b) do not receive a statewide average salary increase.
786+29 (e) If a salary increase is required under this section, the budget
787+30 director shall augment judicial appropriations, including the line items
788+31 for personal services for the supreme court, local judges' salaries, and
789+32 county prosecutors' prosecuting attorneys' salaries, in the state
790+33 biennial budget in an amount sufficient to pay for the salary increase
791+34 from the sources of funds determined by the budget director.
792+35 SECTION 20. IC 35-31.5-2-1.7 IS ADDED TO THE INDIANA
793+36 CODE AS A NEW SECTION TO READ AS FOLLOWS
794+37 [EFFECTIVE JULY 1, 2024]: Sec. 1.7. "Abusive head trauma"
795+38 means an inflicted injury to the head and its contents of an infant
796+39 or a child less than six (6) years of age, including an injury caused
797+40 by shaking or blunt impact, that may:
798+41 (1) result in bleeding inside the head; and
799+42 (2) cause one (1) or more of the following conditions:
800+EH 1240—LS 6775/DI 106 19
801+1 (A) Irreversible brain damage.
802+2 (B) Blindness, retinal hemorrhage, or eye damage.
803+3 (C) Cerebral palsy.
804+4 (D) Hearing loss.
805+5 (E) Spinal cord injury, including paralysis.
806+6 (F) Seizures.
807+7 (G) Learning disability.
808+8 (H) Death.
809+9 (I) Central nervous system injury as evidenced by central
810+10 nervous system hemorrhaging.
811+11 (J) Closed head injury.
812+12 (K) Subdural hematoma.
813+13 SECTION 21. IC 35-38-1-7.1, AS AMENDED BY P.L.115-2023,
814+14 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
815+15 JULY 1, 2024]: Sec. 7.1. (a) In determining what sentence to impose
816+16 for a crime, the court may consider the following aggravating
817+17 circumstances:
818+18 (1) The harm, injury, loss, or damage suffered by the victim of an
819+19 offense was:
820+20 (A) significant; and
821+21 (B) greater than the elements necessary to prove the
822+22 commission of the offense.
823+23 (2) The person has a history of criminal or delinquent behavior.
824+24 (3) The victim of the offense was less than twelve (12) years of
825+25 age or at least sixty-five (65) years of age at the time the person
826+26 committed the offense.
827+27 (4) The person:
828+28 (A) committed a crime of violence (IC 35-50-1-2); and
829+29 (B) knowingly committed the offense in the presence or within
830+30 hearing of an individual who:
831+31 (i) was less than eighteen (18) years of age at the time the
832+32 person committed the offense; and
833+33 (ii) is not the victim of the offense.
834+34 (5) The person violated a protective order issued against the
835+35 person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
836+36 IC 34-4-5.1 before their repeal), a workplace violence restraining
837+37 order issued against the person under IC 34-26-6, or a no contact
838+38 order issued against the person.
839+39 (6) The person has recently violated the conditions of any
840+40 probation, parole, pardon, community corrections placement, or
841+41 pretrial release granted to the person.
842+42 (7) The victim of the offense was:
843+EH 1240—LS 6775/DI 106 20
844+1 (A) a person with a disability (as defined in IC 27-7-6-12), and
845+2 the defendant knew or should have known that the victim was
846+3 a person with a disability; or
847+4 (B) mentally or physically infirm.
848+5 (8) The person was in a position having care, custody, or control
849+6 of the victim of the offense.
850+7 (9) The injury to or death of the victim of the offense was the
851+8 result of shaken baby syndrome (as defined in IC 16-41-40-2) or
852+9 abusive head trauma.
853+10 (10) The person threatened to harm the victim of the offense or a
854+11 witness if the victim or witness told anyone about the offense.
855+12 (11) The person:
856+13 (A) committed trafficking with an inmate under
857+14 IC 35-44.1-3-5; and
858+15 (B) is an employee of the penal facility.
859+16 (12) The person committed the offense with bias due to the
860+17 victim's or the group's real or perceived characteristic, trait, belief,
861+18 practice, association, or other attribute the court chooses to
862+19 consider, including but not limited to an attribute described in
863+20 IC 10-13-3-1.
864+21 (b) The court may consider the following factors as mitigating
865+22 circumstances or as favoring suspending the sentence and imposing
866+23 probation:
867+24 (1) The crime neither caused nor threatened serious harm to
868+25 persons or property, or the person did not contemplate that it
869+26 would do so.
870+27 (2) The crime was the result of circumstances unlikely to recur.
871+28 (3) The victim of the crime induced or facilitated the offense.
872+29 (4) There are substantial grounds tending to excuse or justify the
873+30 crime, though failing to establish a defense.
874+31 (5) The person acted under strong provocation.
875+32 (6) The person has no history of delinquency or criminal activity,
876+33 or the person has led a law-abiding life for a substantial period
877+34 before commission of the crime.
878+35 (7) The person is likely to respond affirmatively to probation or
879+36 short term imprisonment.
880+37 (8) The character and attitudes of the person indicate that the
881+38 person is unlikely to commit another crime.
882+39 (9) The person has made or will make restitution to the victim of
883+40 the crime for the injury, damage, or loss sustained.
884+41 (10) Imprisonment of the person will result in undue hardship to
885+42 the person or the dependents of the person.
886+EH 1240—LS 6775/DI 106 21
887+1 (11) The person was convicted of a crime involving the use of
888+2 force against a person who had repeatedly inflicted physical or
889+3 sexual abuse upon the convicted person and evidence shows that
890+4 the convicted person suffered from the effects of battery as a
891+5 result of the past course of conduct of the individual who is the
892+6 victim of the crime for which the person was convicted.
893+7 (12) The person was convicted of a crime relating to a controlled
894+8 substance and the person's arrest or prosecution was facilitated in
895+9 part because the person:
896+10 (A) requested emergency medical assistance; or
897+11 (B) acted in concert with another person who requested
898+12 emergency medical assistance;
899+13 for an individual who reasonably appeared to be in need of
900+14 medical assistance due to the use of alcohol or a controlled
901+15 substance.
902+16 (13) The person has posttraumatic stress disorder, traumatic brain
903+17 injury, or a postconcussive brain injury.
904+18 (14) The person is a person described in IC 31-30-1-4(d) who
905+19 committed the offense while the person was a child but is now at
906+20 least twenty-one (21) years of age.
907+21 (c) The criteria listed in subsections (a) and (b) do not limit the
908+22 matters that the court may consider in determining the sentence.
909+23 (d) A court may impose any sentence that is:
910+24 (1) authorized by statute; and
911+25 (2) permissible under the Constitution of the State of Indiana;
912+26 regardless of the presence or absence of aggravating circumstances or
913+27 mitigating circumstances.
914+28 (e) If a court suspends a sentence and orders probation for a person
915+29 described in subsection (b)(13), the court may require the person to
916+30 receive treatment for the person's injuries.
917+31 SECTION 22. IC 35-38-1-17, AS AMENDED BY P.L.115-2023,
918+32 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
919+33 JULY 1, 2024]: Sec. 17. (a) Notwithstanding IC 1-1-5.5-21, this section
920+34 applies to a person who:
921+35 (1) commits an offense; or
922+36 (2) is sentenced;
923+37 before July 1, 2014.
924+38 (b) This section does not apply to a credit restricted felon.
925+39 (c) Except as provided in subsections (k) and (m), this section does
926+40 not apply to a violent criminal.
927+41 (d) As used in this section, "violent criminal" means a person
928+42 convicted of any of the following offenses:
929+EH 1240—LS 6775/DI 106 22
930+1 (1) Murder (IC 35-42-1-1).
931+2 (2) Attempted murder (IC 35-41-5-1).
932+3 (3) Voluntary manslaughter (IC 35-42-1-3).
933+4 (4) Involuntary manslaughter (IC 35-42-1-4).
934+5 (5) Reckless homicide (IC 35-42-1-5).
935+6 (6) Aggravated battery (IC 35-42-2-1.5).
936+7 (7) Kidnapping (IC 35-42-3-2).
937+8 (8) Rape (IC 35-42-4-1).
938+9 (9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
939+10 (10) Child molesting (IC 35-42-4-3).
940+11 (11) Sexual misconduct with a minor as a Class A felony under
941+12 IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2)
942+13 (for a crime committed before July 1, 2014) or sexual misconduct
943+14 with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a
944+15 Level 2 felony under IC 35-42-4-9(b)(2) (for a crime committed
945+16 after June 30, 2014).
946+17 (12) Robbery as a Class A felony or a Class B felony
947+18 (IC 35-42-5-1) (for a crime committed before July 1, 2014) or
948+19 robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1) (for
949+20 a crime committed after June 30, 2014).
950+21 (13) Burglary as Class A felony or a Class B felony
951+22 (IC 35-43-2-1) (for a crime committed before July 1, 2014) or
952+23 burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or
953+24 Level 4 felony (IC 35-43-2-1) (for a crime committed after June
954+25 30, 2014).
955+26 (14) Unlawful possession of a firearm by a serious violent felon
956+27 (IC 35-47-4-5).
957+28 (e) At any time after:
958+29 (1) a convicted person begins serving the person's sentence; and
959+30 (2) the court obtains a report from the department of correction
960+31 concerning the convicted person's conduct while imprisoned;
961+32 the court may reduce or suspend the sentence and impose a sentence
962+33 that the court was authorized to impose at the time of sentencing.
963+34 However, if the convicted person was sentenced under the terms of a
964+35 plea agreement, the court may not, without the consent of the
965+36 prosecuting attorney, reduce or suspend the sentence and impose a
966+37 sentence not authorized by the plea agreement. The court must
967+38 incorporate its reasons in the record.
968+39 (f) If the court sets a hearing on a petition under this section, the
969+40 court must give notice to the prosecuting attorney and the prosecuting
970+41 attorney must give notice to the victim (as defined in IC 35-31.5-2-348)
971+42 of the crime for which the convicted person is serving the sentence.
972+EH 1240—LS 6775/DI 106 23
973+1 (g) The court may suspend a sentence for a felony under this section
974+2 only if suspension is permitted under IC 35-50-2-2.2, or, if applicable,
975+3 IC 35-50-2-2 (repealed).
976+4 (h) The court may deny a request to suspend or reduce a sentence
977+5 under this section without making written findings and conclusions.
978+6 (i) The court is not required to conduct a hearing before reducing or
979+7 suspending a sentence under this section if:
980+8 (1) the prosecuting attorney has filed with the court an agreement
981+9 of the reduction or suspension of the sentence; and
982+10 (2) the convicted person has filed with the court a waiver of the
983+11 right to be present when the order to reduce or suspend the
984+12 sentence is considered.
985+13 (j) This subsection applies only to a convicted person who is not a
986+14 violent criminal. A convicted person who is not a violent criminal may
987+15 file a petition for sentence modification under this section:
988+16 (1) not more than one (1) time in any three hundred sixty-five
989+17 (365) day period; and
990+18 (2) a maximum of two (2) times during any consecutive period of
991+19 incarceration;
992+20 without the consent of the prosecuting attorney.
993+21 (k) This subsection applies to a convicted person who is a violent
994+22 criminal. Except as provided in subsection (n), a convicted person who
995+23 is a violent criminal may, not later than three hundred sixty-five (365)
996+24 days from the date of sentencing, file one (1) petition for sentence
997+25 modification under this section without the consent of the prosecuting
998+26 attorney. After the elapse of the three hundred sixty-five (365) day
999+27 period, a violent criminal may not file a petition for sentence
1000+28 modification without the consent of the prosecuting attorney.
1001+29 (l) A person may not waive the right to sentence modification under
1002+30 this section as part of a plea agreement. Any purported waiver of the
1003+31 right to sentence modification under this section in a plea agreement is
1004+32 invalid and unenforceable as against public policy. This subsection
1005+33 does not prohibit the finding of a waiver of the right to:
1006+34 (1) have a court modify a sentence and impose a sentence not
1007+35 authorized by the plea agreement, as described under subsection
1008+36 (e); or
1009+37 (2) sentence modification for any other reason, including failure
1010+38 to comply with the provisions of this section.
1011+39 (m) Notwithstanding subsection (k), a person who commits an
1012+40 offense after June 30, 2014, and before May 15, 2015, may file one (1)
1013+41 petition for sentence modification without the consent of the
1014+42 prosecuting attorney, even if the person has previously filed a petition
1015+EH 1240—LS 6775/DI 106 24
1016+1 for sentence modification.
1017+2 (n) A person sentenced in a criminal court having jurisdiction over
1018+3 an offense committed when the person was less than eighteen (18)
1019+4 years of age may file an additional petition for sentence modification
1020+5 under this section without the consent of the prosecuting attorney if the
1021+6 person has served at least:
1022+7 (1) fifteen (15) years of the person's sentence, if the person is not
1023+8 serving a sentence for murder; or
1024+9 (2) twenty (20) years of the person's sentence, if the person is
1025+10 serving a sentence for murder.
1026+11 The time periods described in this subsection are computed on the
1027+12 basis of time actually served and do not include any reduction applied
1028+13 for good time credit or educational credit time.
1029+14 SECTION 23. IC 35-38-2.6-1, AS AMENDED BY P.L.72-2023,
1030+15 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1031+16 JULY 1, 2024]: Sec. 1. This chapter does not apply to persons
1032+17 convicted of any of the following offenses whenever any part of the
1033+18 sentence may not be suspended under IC 35-50-2-2.2:
1034+19 (1) Sex crimes under IC 35-42-4 or IC 35-46-1-3.
1035+20 (2) A Level 1 felony.
1036+21 (3) A Class A felony.
1037+22 (3) (4) Any of the following felonies:
1038+23 (A) Murder (IC 35-42-1-1).
1039+24 (B) A battery offense included in IC 35-42-2 with a deadly
1040+25 weapon or causing death.
1041+26 (C) Kidnapping (IC 35-42-3-2).
1042+27 (D) Criminal confinement (IC 35-42-3-3) with a deadly
1043+28 weapon.
1044+29 (E) Robbery (IC 35-42-5-1) resulting in serious bodily injury
1045+30 or with a deadly weapon.
1046+31 (F) Arson (IC 35-43-1-1) for hire resulting in serious bodily
1047+32 injury.
1048+33 (G) Burglary (IC 35-43-2-1) resulting in serious bodily injury.
1049+34 (H) Resisting law enforcement (IC 35-44.1-3-1) with a deadly
1050+35 weapon.
1051+36 (I) Aggravated battery (IC 35-42-2-1.5).
1052+37 (J) Disarming a law enforcement officer (IC 35-44.1-3-2).
1053+38 (K) A sentence for a crime that is enhanced by criminal
1054+39 organization (IC 35-50-2-15).
1055+40 SECTION 24. IC 35-42-2-1, AS AMENDED BY P.L.209-2023,
1056+41 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1057+42 JULY 1, 2024]: Sec. 1. (a) As used in this section, "public safety
1058+EH 1240—LS 6775/DI 106 25
1059+1 official" means:
1060+2 (1) a law enforcement officer, including an alcoholic beverage
1061+3 enforcement officer;
1062+4 (2) an employee of a penal facility or a juvenile detention facility
1063+5 (as defined in IC 31-9-2-71);
1064+6 (3) an employee of the department of correction;
1065+7 (4) a probation officer;
1066+8 (5) a parole officer;
1067+9 (6) a community corrections worker;
1068+10 (7) a home detention officer;
1069+11 (8) a department of child services employee;
1070+12 (9) a firefighter;
1071+13 (10) an emergency medical services provider;
1072+14 (11) a judicial officer;
1073+15 (12) a bailiff of any court; or
1074+16 (13) a special deputy (as described in IC 36-8-10-10.6).
1075+17 (b) As used in this section, "relative" means an individual related by
1076+18 blood, half-blood, adoption, marriage, or remarriage, including:
1077+19 (1) a spouse;
1078+20 (2) a parent or stepparent;
1079+21 (3) a child or stepchild;
1080+22 (4) a grandchild or stepgrandchild;
1081+23 (5) a grandparent or stepgrandparent;
1082+24 (6) a brother, sister, stepbrother, or stepsister;
1083+25 (7) a niece or nephew;
1084+26 (8) an aunt or uncle;
1085+27 (9) a daughter-in-law or son-in-law;
1086+28 (10) a mother-in-law or father-in-law; or
1087+29 (11) a first cousin.
1088+30 (c) Except as provided in subsections (d) through (k), a person who
1089+31 knowingly or intentionally:
1090+32 (1) touches another person in a rude, insolent, or angry manner;
1091+33 or
1092+34 (2) in a rude, insolent, or angry manner places any bodily fluid or
1093+35 waste on another person;
1094+36 commits battery, a Class B misdemeanor.
1095+37 (d) The offense described in subsection (c)(1) or (c)(2) is a Class A
1096+38 misdemeanor if it:
1097+39 (1) results in bodily injury to any other person; or
1098+40 (2) is committed against a member of a foster family home (as
1099+41 defined in IC 35-31.5-2-139.3) by a person who is not a resident
1100+42 of the foster family home if the person who committed the offense
1101+EH 1240—LS 6775/DI 106 26
1102+1 is a relative of a person who lived in the foster family home at the
1103+2 time of the offense.
1104+3 (e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
1105+4 felony if one (1) or more of the following apply:
1106+5 (1) The offense results in moderate bodily injury to any other
1107+6 person.
1108+7 (2) The offense is committed against a public safety official while
1109+8 the official is engaged in the official's official duty, unless the
1110+9 offense is committed by a person detained or committed under
1111+10 IC 12-26.
1112+11 (3) The offense is committed against a person less than fourteen
1113+12 (14) years of age and is committed by a person at least eighteen
1114+13 (18) years of age.
1115+14 (4) The offense is committed against a person of any age who has
1116+15 a mental or physical disability and is committed by a person
1117+16 having the care of the person with the mental or physical
1118+17 disability, whether the care is assumed voluntarily or because of
1119+18 a legal obligation.
1120+19 (5) The offense is committed against an endangered adult (as
1121+20 defined in IC 12-10-3-2).
1122+21 (6) The offense:
1123+22 (A) is committed against a member of a foster family home (as
1124+23 defined in IC 35-31.5-2-139.3) by a person who is not a
1125+24 resident of the foster family home if the person who committed
1126+25 the offense is a relative of a person who lived in the foster
1127+26 family home at the time of the offense; and
1128+27 (B) results in bodily injury to the member of the foster family.
1129+28 (f) The offense described in subsection (c)(2) is a Level 6 felony if
1130+29 the person knew or recklessly failed to know that the bodily fluid or
1131+30 waste placed on another person was infected with hepatitis,
1132+31 tuberculosis, or human immunodeficiency virus.
1133+32 (g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
1134+33 felony if one (1) or more of the following apply:
1135+34 (1) The offense results in serious bodily injury to another person.
1136+35 (2) The offense is committed with a deadly weapon.
1137+36 (3) The offense results in bodily injury to a pregnant woman if the
1138+37 person knew of the pregnancy.
1139+38 (4) The person has a previous conviction for a battery or
1140+39 strangulation offense included in this chapter against the same
1141+40 victim.
1142+41 (5) The offense results in bodily injury to one (1) or more of the
1143+42 following:
1144+EH 1240—LS 6775/DI 106 27
1145+1 (A) A public safety official while the official is engaged in the
1146+2 official's official duties, unless the offense is committed by a
1147+3 person detained or committed under IC 12-26.
1148+4 (B) A person less than fourteen (14) years of age if the offense
1149+5 is committed by a person at least eighteen (18) years of age.
1150+6 (C) A person who has a mental or physical disability if the
1151+7 offense is committed by an individual having care of the
1152+8 person with the disability, regardless of whether the care is
1153+9 assumed voluntarily or because of a legal obligation.
1154+10 (D) An endangered adult (as defined in IC 12-10-3-2).
1155+11 (h) The offense described in subsection (c)(2) is a Level 5 felony if:
1156+12 (1) the person knew or recklessly failed to know that the bodily
1157+13 fluid or waste placed on another person was infected with
1158+14 hepatitis, tuberculosis, or human immunodeficiency virus; and
1159+15 (2) the person placed the bodily fluid or waste on a public safety
1160+16 official, unless the offense is committed by a person detained or
1161+17 committed under IC 12-26.
1162+18 (i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
1163+19 felony if it results in serious bodily injury to an endangered adult (as
1164+20 defined in IC 12-10-3-2).
1165+21 (j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
1166+22 felony if it results in serious bodily injury to a person less than fourteen
1167+23 (14) years of age if the offense is committed by a person at least
1168+24 eighteen (18) years of age.
1169+25 (k) The offense described in subsection (c)(1) or (c)(2) is a Level 2
1170+26 felony if it results in the death of one (1) or more of the following:
1171+27 (1) A person less than fourteen (14) years of age if the offense is
1172+28 committed by a person at least eighteen (18) years of age.
1173+29 (2) An endangered adult (as defined in IC 12-10-3-2).
1174+30 SECTION 25. IC 35-43-2-2.1 IS REPEALED [EFFECTIVE JULY
1175+31 1, 2024]. Sec. 2.1. (a) A person who, with the intent to commit theft
1176+32 under section 2 of this chapter:
1177+33 (1) agrees with at least two (2) other persons to commit theft; and
1178+34 (2) performs an overt act in furtherance of the agreement;
1179+35 commits organized theft, a Level 6 felony.
1180+36 (b) It is not a defense to a prosecution under this section that one (1)
1181+37 or more persons with whom the accused person is alleged to have
1182+38 agreed:
1183+39 (1) has not been prosecuted;
1184+40 (2) has not been convicted;
1185+41 (3) has been acquitted;
1186+42 (4) has been convicted of a different crime;
1187+EH 1240—LS 6775/DI 106 28
1188+1 (5) cannot be prosecuted for any reason; or
1189+2 (6) lacked the capacity to commit the crime.
1190+3 (c) A person may not be convicted of an offense under this section
1191+4 and:
1192+5 (1) an attempt to commit theft; or
1193+6 (2) a conspiracy to commit theft;
1194+7 with respect to the same underlying theft.
1195+8 SECTION 26. IC 35-43-4-2.1 IS ADDED TO THE INDIANA
1196+9 CODE AS A NEW SECTION TO READ AS FOLLOWS
1197+10 [EFFECTIVE JULY 1, 2024]: Sec. 2.1. (a) A person who, with the
1198+11 intent to commit theft under section 2 of this chapter:
1199+12 (1) agrees with at least two (2) other persons to commit theft;
1200+13 and
1201+14 (2) performs an overt act in furtherance of the agreement;
1202+15 commits organized theft, a Level 6 felony.
1203+16 (b) It is not a defense to a prosecution under this section that one
1204+17 (1) or more persons with whom the accused person is alleged to
1205+18 have agreed:
1206+19 (1) has not been prosecuted;
1207+20 (2) has not been convicted;
1208+21 (3) has been acquitted;
1209+22 (4) has been convicted of a different crime;
1210+23 (5) cannot be prosecuted for any reason; or
1211+24 (6) lacked the capacity to commit the crime.
1212+25 (c) A person may not be convicted of an offense under this
1213+26 section and:
1214+27 (1) an attempt to commit theft; or
1215+28 (2) a conspiracy to commit theft;
1216+29 with respect to the same underlying theft.
1217+30 SECTION 27. IC 35-43-5-4, AS AMENDED BY P.L.174-2021,
1218+31 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1219+32 JULY 1, 2024]: Sec. 4. (a) A person who:
1220+33 (1) with the intent to obtain property or data, or an educational,
1221+34 governmental, or employment benefit to which the person is not
1222+35 entitled, knowingly or intentionally:
1223+36 (A) makes a false or misleading statement; or
1224+37 (B) creates a false impression in another person;
1225+38 (2) with the intent to cause another person to obtain property,
1226+39 knowingly or intentionally:
1227+40 (A) makes a false or misleading statement;
1228+41 (B) creates a false impression in a third person; or
1229+42 (C) causes to be presented a claim that:
1230+EH 1240—LS 6775/DI 106 29
1231+1 (i) contains a false or misleading statement; or
1232+2 (ii) creates a false or misleading impression in a third
1233+3 person;
1234+4 (3) possesses, manufactures, uses, or alters a document,
1235+5 instrument, computer program, or device with the intent to obtain:
1236+6 (A) property;
1237+7 (B) data; or
1238+8 (C) an educational, governmental, or employment benefit;
1239+9 to which the person is not entitled; or
1240+10 (4) knowingly or intentionally engages in a scheme or artifice to
1241+11 commit an offense described in subdivisions (1) through (3);
1242+12 commits fraud, a Class A misdemeanor except as otherwise provided
1243+13 in this section.
1244+14 (b) The offense described in subsection (a) is a Level 6 felony if one
1245+15 (1) or more of the following apply:
1246+16 (1) The offense is committed not later than seven (7) years from
1247+17 the date the person:
1248+18 (A) was convicted of a prior unrelated conviction for an
1249+19 offense under this article; or
1250+20 (B) was released from a term of incarceration, probation, or
1251+21 parole (whichever occurred last) imposed for a prior unrelated
1252+22 conviction for an offense under this article;
1253+23 whichever occurred last.
1254+24 (2) The pecuniary loss is at least seven hundred fifty dollars
1255+25 ($750) but less than fifty thousand dollars ($50,000).
1256+26 (3) The victim is:
1257+27 (A) an endangered adult (as defined in IC 12-10-3-2(a)); or
1258+28 (B) less than eighteen (18) years of age.
1259+29 (4) The person makes a false or misleading statement representing
1260+30 an entity as:
1261+31 (A) a disadvantaged business enterprise (as defined in
1262+32 IC 5-16-6.5-1); or
1263+33 (B) a women-owned business enterprise (as defined in
1264+34 IC 5-16-6.5-3);
1265+35 in order to qualify for certification as such an enterprise under a
1266+36 program conducted by a public agency (as defined in
1267+37 IC 5-16-6.5-2) designed to assist disadvantaged business
1268+38 enterprises or women-owned business enterprises in obtaining
1269+39 contracts with public agencies for the provision of goods and
1270+40 services.
1271+41 (5) The person makes a false or misleading statement representing
1272+42 an entity with which the person will subcontract all or part of a
1273+EH 1240—LS 6775/DI 106 30
1274+1 contract with a public agency (as defined in IC 5-16-6.5-2) as:
1275+2 (A) a disadvantaged business enterprise (as defined in
1276+3 IC 5-16-6.5-1); or
1277+4 (B) a women-owned business enterprise (as defined in
1278+5 IC 5-16-6.5-3);
1279+6 in order to qualify for certification as an eligible bidder under a
1280+7 program that is conducted by a public agency designed to assist
1281+8 disadvantaged business enterprises or women-owned business
1282+9 enterprises in obtaining contracts with public agencies for the
1283+10 provision of goods and services.
1284+11 (6) The offense is committed by a person who is confined in:
1285+12 (A) the department of correction;
1286+13 (B) a county jail; or
1287+14 (C) a secure juvenile facility.
1288+15 (7) The document or instrument that the person possesses,
1289+16 manufactures, uses, or alters is a document or instrument:
1290+17 (A) issued by a public servant or a governmental entity;
1291+18 (B) that has been manufactured or altered to appear to have
1292+19 been issued by a public servant or a governmental entity; or
1293+20 (C) that the person tendered to, or intends to tender to a public
1294+21 servant or a governmental entity.
1295+22 (8) Except as provided in subsection (d), (e), the person:
1296+23 (A) made the false or misleading statement; or
1297+24 (B) created the false impression in another person;
1298+25 on or by means of a document or written instrument.
1299+26 (9) The agreement is unconscionable.
1300+27 (10) The offense involves human reproductive material (as
1301+28 defined in IC 34-24-5-1).
1302+29 (c) The offense described in subsection (a) is a Level 5 felony if one
1303+30 (1) or more of the following apply:
1304+31 (1) The pecuniary loss is at least fifty thousand dollars ($50,000)
1305+32 and less than one hundred thousand dollars ($100,000).
1306+33 (2) The pecuniary loss is at least seven hundred fifty dollars
1307+34 ($750) and less than fifty thousand dollars ($50,000) and the
1308+35 victim is:
1309+36 (A) an endangered adult (as defined in IC 12-10-3-2(a)); or
1310+37 (B) less than eighteen (18) years of age.
1311+38 (3) The victim was a financial institution.
1312+39 (d) The offense described in subsection (a) is a Level 4 felony if
1313+40 one (1) or more of the following apply:
1314+41 (1) The pecuniary loss is at least one hundred thousand
1315+42 dollars ($100,000).
1316+EH 1240—LS 6775/DI 106 31
1317+1 (2) The pecuniary loss is at least fifty thousand dollars
1318+2 ($50,000) and the victim is:
1319+3 (A) an endangered adult (as defined in IC 12-10-3-2(a)); or
1320+4 (B) less than eighteen (18) years of age.
1321+5 (d) (e) The offense described in subsection (b)(9) (b)(8) is a Class
1322+6 A misdemeanor if the defendant proves by a preponderance of the
1323+7 evidence that the:
1324+8 (1) value of the property, data, or benefit intended to be obtained;
1325+9 and
1326+10 (2) actual pecuniary loss;
1327+11 is less than seven hundred fifty dollars ($750).
1328+12 SECTION 28. IC 35-47-10-5, AS AMENDED BY P.L.152-2014,
1329+13 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1330+14 JULY 1, 2024]: Sec. 5. (a) A child who knowingly, intentionally, or
1331+15 recklessly possesses a firearm for any purpose other than a purpose
1332+16 described in section 1 of this chapter commits dangerous possession of
1333+17 a firearm, a Class A misdemeanor. However, the offense is a Level 5
1334+18 felony if the child has a prior conviction under this section or has been
1335+19 adjudicated a delinquent for an act that would be an offense under this
1336+20 section. if committed by an adult.
1337+21 (b) A child who knowingly or intentionally provides a firearm to
1338+22 another child whom the child knows:
1339+23 (1) is ineligible for any reason to purchase or otherwise receive
1340+24 from a dealer a firearm; or
1341+25 (2) intends to use the firearm to commit a crime;
1342+26 commits a Level 5 felony. However, the offense is a Level 3 felony if
1343+27 the other child uses the firearm to commit murder (IC 35-42-1-1).
1344+28 SECTION 29. IC 36-2-13-12 IS AMENDED TO READ AS
1345+29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) The sheriff shall
1346+30 file with the appropriate court and, in the case of a person awaiting trial
1347+31 on a criminal charge, with the county prosecuting attorney of the
1348+32 appropriate judicial circuit, a weekly report of each person confined
1349+33 in the county jail. The report must include the confined person's name,
1350+34 the date of commitment, the court or officer ordering the commitment,
1351+35 the criminal charge, conviction, or civil action underlying the
1352+36 commitment, the term of commitment, and whether the person is
1353+37 awaiting trial or serving a term of imprisonment.
1354+38 (b) The sheriff shall file with the county executive an annual report
1355+39 of the condition of the county jail and any recommended improvements
1356+40 in its maintenance and operation. The report shall also be filed with the
1357+41 county auditor and maintained as a public record.
1358+42 SECTION 30. IC 36-2-14-6.3, AS AMENDED BY P.L.109-2015,
1359+EH 1240—LS 6775/DI 106 32
1360+1 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1361+2 JULY 1, 2024]: Sec. 6.3. (a) A coroner shall immediately notify:
1362+3 (1) the local office of the department of child services by using
1363+4 the statewide hotline for the department; and
1364+5 (2) either:
1365+6 (A) the local child fatality review team; or
1366+7 (B) if the county does not have a local child fatality review
1367+8 team, the statewide child fatality review committee;
1368+9 of each death of a person who is less than eighteen (18) years of age,
1369+10 or appears to be less than eighteen (18) years of age and who has died
1370+11 in an apparently suspicious, unexpected, or unexplained manner.
1371+12 (b) If a child less than eighteen (18) years of age dies in an
1372+13 apparently suspicious, unexpected, or unexplained manner, the coroner
1373+14 shall consult with a child death pathologist to determine whether an
1374+15 autopsy is necessary. If the coroner and the child death pathologist
1375+16 disagree over the need for an autopsy, the county prosecuting attorney
1376+17 shall determine whether an autopsy is necessary. If the autopsy is
1377+18 considered necessary, a child death pathologist or a pathology resident
1378+19 acting under the direct supervision of a child death pathologist shall
1379+20 conduct the autopsy within twenty-four (24) hours after the prosecuting
1380+21 attorney notifies the pathologist or pathology resident of the
1381+22 determination. If the autopsy is not considered necessary, the autopsy
1382+23 shall not be conducted.
1383+24 (c) If a child death pathologist and coroner agree under subsection
1384+25 (b) that an autopsy is necessary, the child death pathologist or a
1385+26 pathology resident acting under the direct supervision of a child death
1386+27 pathologist shall conduct the autopsy of the child.
1387+28 SECTION 31. IC 36-2-14-20, AS AMENDED BY P.L.73-2023,
1388+29 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1389+30 JULY 1, 2024]: Sec. 20. (a) This section applies only to the autopsy of
1390+31 a person whose death is:
1391+32 (1) suspicious;
1392+33 (2) violent;
1393+34 (3) accidental; or
1394+35 (4) from an overdose.
1395+36 (b) As used in this section, "autopsy" means the external and
1396+37 surgical internal examination of all body systems of a decedent,
1397+38 including toxicology and histology.
1398+39 (c) Except as provided in subsection (d) and IC 4-24-4-1, if an
1399+40 Indiana resident dies in an Indiana county as a result of an incident that
1400+41 occurred in another Indiana county, the county coroner where the death
1401+42 occurred shall discuss whether an autopsy is warranted with the
1402+EH 1240—LS 6775/DI 106 33
1403+1 coroner of the county where the incident occurred. If the coroners agree
1404+2 that an autopsy is needed, the coroner of the county where the death
1405+3 occurred shall bill the county in which the incident occurred for the
1406+4 cost of the autopsy, including the physician fee under section 6(e) of
1407+5 this chapter.
1408+6 (d) Except as provided in subsection (c) and IC 4-24-4-1, payment
1409+7 for the costs of an autopsy requested by a party other than the:
1410+8 (1) county prosecutor; prosecuting attorney; or
1411+9 (2) county coroner;
1412+10 of the county in which the individual died must be made by the party
1413+11 requesting the autopsy.
1414+12 (e) This section does not preclude the coroner of a county in which
1415+13 a death occurs from attempting to recover autopsy costs from the
1416+14 jurisdiction outside Indiana where the incident that caused the death
1417+15 occurred.
1418+EH 1240—LS 6775/DI 106 34
1419+COMMITTEE REPORT
1420+Mr. Speaker: Your Committee on Courts and Criminal Code, to
1421+which was referred House Bill 1240, has had the same under
1422+consideration and begs leave to report the same back to the House with
1423+the recommendation that said bill do pass.
1424+(Reference is to HB 1240 as introduced.)
1425+MCNAMARA
1426+Committee Vote: Yeas 10, Nays 0
1427+_____
1428+COMMITTEE REPORT
1429+Madam President: The Senate Committee on Corrections and
1430+Criminal Law, to which was referred House Bill No. 1240, has had the
1431+same under consideration and begs leave to report the same back to the
1432+Senate with the recommendation that said bill be AMENDED as
1433+follows:
1434+Page 10, between lines 29 and 30, begin a new paragraph and insert:
1435+"SECTION 13. IC 24-4.7-2-9, AS AMENDED BY P.L.226-2011,
4071436 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4081437 JULY 1, 2024]: Sec. 9. (a) "Telephone sales call" means a telephone
4091438 call made to a consumer for any of the following purposes:
4101439 (1) Solicitation of a sale of consumer goods or services.
4111440 (2) Solicitation of a charitable contribution.
4121441 (3) Obtaining information that will or may be used for the direct
4131442 solicitation of a sale of consumer goods or services or an
4141443 extension of credit for such purposes.
4151444 (b) The term includes any of the following:
4161445 (1) A call made by use of an automated dialing device.
4171446 (2) A call made by use of a recorded message device.
4181447 (3) Transmission of:
4191448 (A) a text message; or
4201449 (B) a graphic message;
4211450 using short message service (SMS).
4221451 (4) Transmission of:
4231452 (A) an image;
424-HEA 1240 — Concur 11
4251453 (B) a photograph; or
4261454 (C) a multimedia message;
4271455 using multimedia messaging service (MMS).
4281456 (3) Transmission of:
1457+EH 1240—LS 6775/DI 106 35
4291458 (A) a text message;
4301459 (B) a graphic message;
4311460 (C) an image;
4321461 (D) a photograph; or
4331462 (E) a multimedia message;
4341463 to a telephone number through the use of short message
4351464 service (SMS), multimedia messaging service (MMS),
4361465 over-the-top (OTT) messaging or voice calling service, or any
4371466 other technology or service that transmits messages to a
438-device.
439-SECTION 14. IC 24-4.7-3-6, AS AMENDED BY P.L.242-2019,
440-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
441-JULY 1, 2024]: Sec. 6. (a) The consumer protection division telephone
442-solicitation fund is established for the following purposes:
443-(1) The administration of:
444-(A) this article;
445-(B) IC 24-5-0.5-3(b)(19);
446-(C) IC 24-5-12;
447-(D) IC 24-5-14; and
448-(E) IC 24-5-14.5.
449-(2) The reimbursement of county prosecutors prosecuting
450-attorneys for expenses incurred in extraditing violators of any
451-statute set forth in subdivision (1).
452-The fund shall be used exclusively for these purposes.
453-(b) The division shall administer the fund.
454-(c) The fund consists of all revenue received:
455-(1) under this article;
456-(2) from civil penalties recovered under IC 24-5-0.5-4(h);
457-(3) from civil penalties recovered after June 30, 2019, under
458-IC 24-5-12-23(b);
459-(4) from civil penalties recovered after June 30, 2019, under
460-IC 24-5-14-13(b); and
461-(5) from civil penalties recovered under IC 24-5-14.5-12.
462-(d) Money in the fund is continuously appropriated to the division
463-for the purposes set forth in subsection (a).
464-(e) Money in the fund at the end of a state fiscal year does not revert
465-to the state general fund. However, if the amount of money in the fund
466-at the end of a particular state fiscal year exceeds two hundred
467-HEA 1240 — Concur 12
468-thousand dollars ($200,000), the treasurer of state shall transfer the
469-excess from the fund to the state general fund.
470-SECTION 15. IC 31-30-1-4, AS AMENDED BY P.L.115-2023,
1467+device.".
1468+Page 11, between lines 17 and 18, begin a new paragraph and insert:
1469+"SECTION 14. IC 31-30-3-5, AS AMENDED BY P.L.158-2013,
1470+SECTION 316, IS AMENDED TO READ AS FOLLOWS
1471+[EFFECTIVE JULY 1, 2024]: Sec. 5. Except for those cases in which
1472+the juvenile court has no jurisdiction in accordance with IC 31-30-1-4,
1473+the court shall, upon motion of the prosecuting attorney and after full
1474+investigation and hearing, waive jurisdiction if it finds that:
1475+(1) the child is charged with an act that, if committed by an adult,
1476+would be:
1477+(A) a Level 1 felony, Level 2 felony, Level 3 felony, or Level
1478+4 felony, except a felony defined by IC 35-48-4;
1479+(B) involuntary manslaughter as a Level 5 felony under
1480+IC 35-42-1-4; or
1481+(C) reckless homicide as a Level 5 felony under IC 35-42-1-5;
1482+or
1483+(D) unlawful carrying of a handgun as a felony under
1484+IC 35-47-2-1.5;
1485+(2) there is probable cause to believe that the child has committed
1486+the act; and
1487+(3) the child was at least sixteen (16) years of age when the act
1488+charged was allegedly committed;
1489+unless it would be in the best interests of the child and of the safety and
1490+welfare of the community for the child to remain within the juvenile
1491+justice system.".
1492+Page 16, line 14, delete "young child," and insert "child less than
1493+six (6) years of age,".
1494+Page 16, line 15, delete "impact" and insert "impact,".
1495+Page 28, delete line 22.
1496+Page 28, line 36, delete "or under".
1497+Page 28, line 37, delete "IC 35-47-2-1.5,".
1498+Page 28, line 38, delete "section" and insert "section.".
1499+Page 28, line 38, delete "or".
1500+EH 1240—LS 6775/DI 106 36
1501+Page 28, delete line 39.
1502+Renumber all SECTIONS consecutively.
1503+and when so amended that said bill do pass.
1504+(Reference is to HB 1240 as printed January 25, 2024.)
1505+FREEMAN, Chairperson
1506+Committee Vote: Yeas 7, Nays 0.
1507+_____
1508+SENATE MOTION
1509+Madam President: I move that Engrossed House Bill 1240 be
1510+amended to read as follows:
1511+Page 12, between lines 7 and 8, begin a new paragraph and insert:
1512+"SECTION 15. IC 31-30-1-4, AS AMENDED BY P.L.115-2023,
4711513 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4721514 JULY 1, 2024]: Sec. 4. (a) The juvenile court does not have jurisdiction
4731515 over an individual for an alleged violation of:
4741516 (1) IC 35-41-5-1(a) (attempted murder);
4751517 (2) IC 35-42-1-1 (murder);
4761518 (3) IC 35-42-3-2 (kidnapping);
4771519 (4) IC 35-42-4-1 (rape);
4781520 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
4791521 (6) IC 35-42-5-1 (robbery) if:
4801522 (A) the robbery was committed while armed with a deadly
4811523 weapon; or
4821524 (B) the robbery results in bodily injury or serious bodily
4831525 injury;
4841526 (7) IC 35-42-5-2 (carjacking) (before its repeal);
4851527 (8) IC 35-47-2-1.5 (unlawful carrying of a handgun), if charged
4861528 as a felony;
4871529 (9) (8) IC 35-47-10 (children and firearms), if charged as a felony;
4881530 or
4891531 (10) (9) any offense that may be joined under IC 35-34-1-9(a)(2)
4901532 with any crime listed in this subsection;
4911533 if the individual was at least sixteen (16) years of age but less than
4921534 eighteen (18) years of age at the time of the alleged violation.
4931535 (b) Once an individual described in subsection (a) has been charged
4941536 with any offense listed in subsection (a), the court having adult
4951537 criminal jurisdiction shall retain jurisdiction over the case if the
1538+EH 1240—LS 6775/DI 106 37
4961539 individual pleads guilty to or is convicted of any offense listed in
4971540 subsection (a)(1) through (a)(9). (a)(8).
4981541 (c) If:
4991542 (1) an individual described in subsection (a) is charged with one
5001543 (1) or more offenses listed in subsection (a);
5011544 (2) all the charges under subsection (a)(1) through (a)(9) (a)(8)
5021545 resulted in an acquittal or were DISMISSED; and
5031546 (3) the individual pleads guilty to or is convicted of any offense
5041547 other than an offense listed in subsection (a)(1) through (a)(9);
5051548 (a)(8);
5061549 the court having adult criminal jurisdiction may withhold judgment and
5071550 transfer jurisdiction to the juvenile court for adjudication and
5081551 disposition. In determining whether to transfer jurisdiction to the
5091552 juvenile court for adjudication and disposition, the court having adult
510-HEA 1240 — Concur 13
5111553 criminal jurisdiction shall consider whether there are appropriate
5121554 services available in the juvenile justice system, whether the child is
5131555 amenable to rehabilitation under the juvenile justice system, and
5141556 whether it is in the best interests of the safety and welfare of the
5151557 community that the child be transferred to juvenile court. All orders
5161558 concerning release conditions remain in effect until a juvenile court
5171559 detention hearing, which must be held not later than forty-eight (48)
5181560 hours, excluding Saturdays, Sundays, and legal holidays, after the order
5191561 of transfer of jurisdiction.
5201562 (d) A court having adult criminal jurisdiction, and not a juvenile
5211563 court, has jurisdiction over a person who is at least twenty-one (21)
5221564 years of age for an alleged offense:
5231565 (1) committed while the person was a child; and
524-(2) that could have been waived under IC 31-30-3.
525-SECTION 16. IC 31-30-3-5, AS AMENDED BY P.L.158-2013,
526-SECTION 316, IS AMENDED TO READ AS FOLLOWS
527-[EFFECTIVE JULY 1, 2024]: Sec. 5. Except for those cases in which
528-the juvenile court has no jurisdiction in accordance with IC 31-30-1-4,
529-the court shall, upon motion of the prosecuting attorney and after full
530-investigation and hearing, waive jurisdiction if it finds that:
531-(1) the child is charged with an act that, if committed by an adult,
532-would be:
533-(A) a Level 1 felony, Level 2 felony, Level 3 felony, or Level
534-4 felony, except a felony defined by IC 35-48-4;
535-(B) involuntary manslaughter as a Level 5 felony under
536-IC 35-42-1-4; or
537-(C) reckless homicide as a Level 5 felony under IC 35-42-1-5;
538-or
539-(D) unlawful carrying of a handgun as a felony under
540-IC 35-47-2-1.5;
541-(2) there is probable cause to believe that the child has committed
542-the act; and
543-(3) the child was at least sixteen (16) years of age when the act
544-charged was allegedly committed;
545-unless it would be in the best interests of the child and of the safety and
546-welfare of the community for the child to remain within the juvenile
547-justice system.
548-SECTION 17. IC 31-33-3-1, AS AMENDED BY P.L.146-2008,
549-SECTION 574, IS AMENDED TO READ AS FOLLOWS
550-[EFFECTIVE JULY 1, 2024]: Sec. 1. (a) A community child protection
551-team is established in each county. The community child protection
552-team is a countywide, multidisciplinary child protection team. The
553-HEA 1240 — Concur 14
554-team must include the following thirteen (13) members who reside in,
555-or provide services to residents of, the county in which the team is to
556-be formed:
557-(1) The director of the local office that provides child welfare
558-services in the county or the local office director's designee.
559-(2) Two (2) designees of the juvenile court judge.
560-(3) The county prosecuting attorney or the prosecuting attorney's
561-designee.
562-(4) The county sheriff or the sheriff's designee.
563-(5) Either:
564-(A) the president of the county executive in a county not
565-containing a consolidated city or the president's designee; or
566-(B) the executive of a consolidated city in a county containing
567-a consolidated city or the executive's designee.
568-(6) A director of a court appointed special advocate or guardian
569-ad litem program or the director's designee in the county in which
570-the team is to be formed.
571-(7) Either:
572-(A) a public school superintendent or the superintendent's
573-designee; or
574-(B) a director of a local special education cooperative or the
575-director's designee.
576-(8) Two (2) persons, each of whom is a physician or nurse, with
577-experience in pediatrics or family practice.
578-(9) Two (2) residents of the county.
579-(10) The chief law enforcement officer of the largest law
580-enforcement agency in the county (other than the county sheriff)
581-or the chief law enforcement officer's designee.
582-(b) The director of the local office serving the county shall appoint,
583-subject to the approval of the director of the department, the members
584-of the team under subsection (a)(7), (a)(8), and (a)(9).
585-SECTION 18. IC 33-24-6-3, AS AMENDED BY P.L.205-2023,
586-SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
587-JULY 1, 2024]: Sec. 3. (a) The office of judicial administration shall
588-do the following:
589-(1) Examine the administrative and business methods and systems
590-employed in the offices of the clerks of court and other offices
591-related to and serving the courts and make recommendations for
592-necessary improvement.
593-(2) Collect and compile statistical data and other information on
594-the judicial work of the courts in Indiana. All justices of the
595-supreme court, judges of the court of appeals, judges of all trial
596-HEA 1240 — Concur 15
597-courts, and any city or town courts, whether having general or
598-special jurisdiction, court clerks, court reporters, and other
599-officers and employees of the courts shall, upon notice by the
600-chief administrative officer and in compliance with procedures
601-prescribed by the chief administrative officer, furnish the chief
602-administrative officer the information as is requested concerning
603-the nature and volume of judicial business. The information must
604-include the following:
605-(A) The volume, condition, and type of business conducted by
606-the courts.
607-(B) The methods of procedure in the courts.
608-(C) The work accomplished by the courts.
609-(D) The receipt and expenditure of public money by and for
610-the operation of the courts.
611-(E) The methods of disposition or termination of cases.
612-(3) Prepare and publish reports, not less than one (1) or more than
613-two (2) times per year, on the nature and volume of judicial work
614-performed by the courts as determined by the information
615-required in subdivision (2).
616-(4) Serve the judicial nominating commission and the judicial
617-qualifications commission in the performance by the commissions
618-of their statutory and constitutional functions.
619-(5) Administer the civil legal aid fund as required by IC 33-24-12.
620-(6) Administer the court technology fund established by section
621-12 of this chapter.
622-(7) By December 31, 2013, develop and implement a standard
623-protocol for sending and receiving court data:
624-(A) between the protective order registry, established by
625-IC 5-2-9-5.5, and county court case management systems;
626-(B) at the option of the county prosecuting attorney, for:
627-(i) a prosecuting attorney's case management system;
628-(ii) a county court case management system; and
629-(iii) a county court case management system developed and
630-operated by the office of judicial administration;
631-to interface with the electronic traffic tickets, as defined by
632-IC 9-30-3-2.5; and
633-(C) between county court case management systems and the
634-case management system developed and operated by the office
635-of judicial administration.
636-The standard protocol developed and implemented under this
637-subdivision shall permit private sector vendors, including vendors
638-providing service to a local system and vendors accessing the
639-HEA 1240 — Concur 16
640-system for information, to send and receive court information on
641-an equitable basis and at an equitable cost, and for a case
642-management system developed and operated by the office of
643-judicial administration, must include a searchable field for the
644-name and bail agent license number, if applicable, of the bail
645-agent or a person authorized by the surety that pays bail for an
646-individual as described in IC 35-33-8-3.2.
647-(8) Establish and administer an electronic system for receiving
648-information that relates to certain individuals who may be
649-prohibited from possessing a firearm for the purpose of:
650-(A) transmitting this information to the Federal Bureau of
651-Investigation for inclusion in the NICS; and
652-(B) beginning July 1, 2021, compiling and publishing certain
653-statistics related to the confiscation and retention of firearms
654-as described under section 14 of this chapter.
655-(9) Establish and administer an electronic system for receiving
656-drug related felony conviction information from courts. The office
657-of judicial administration shall notify NPLEx of each drug related
658-felony entered after June 30, 2012, and do the following:
659-(A) Provide NPLEx with the following information:
660-(i) The convicted individual's full name.
661-(ii) The convicted individual's date of birth.
662-(iii) The convicted individual's driver's license number, state
663-personal identification number, or other unique number, if
664-available.
665-(iv) The date the individual was convicted of the felony.
666-Upon receipt of the information from the office of judicial
667-administration, a stop sale alert must be generated through
668-NPLEx for each individual reported under this clause.
669-(B) Notify NPLEx if the felony of an individual reported under
670-clause (A) has been:
671-(i) set aside;
672-(ii) reversed;
673-(iii) expunged; or
674-(iv) vacated.
675-Upon receipt of information under this clause, NPLEx shall
676-remove the stop sale alert issued under clause (A) for the
677-individual.
678-(10) After July 1, 2018, establish and administer an electronic
679-system for receiving from courts felony or misdemeanor
680-conviction information for each felony or misdemeanor described
681-in IC 20-28-5-8(c). The office of judicial administration shall
682-HEA 1240 — Concur 17
683-notify the department of education at least one (1) time each week
684-of each felony or misdemeanor described in IC 20-28-5-8(c)
685-entered after July 1, 2018, and do the following:
686-(A) Provide the department of education with the following
687-information:
688-(i) The convicted individual's full name.
689-(ii) The convicted individual's date of birth.
690-(iii) The convicted individual's driver's license number, state
691-personal identification number, or other unique number, if
692-available.
693-(iv) The date the individual was convicted of the felony or
694-misdemeanor.
695-(B) Notify the department of education if the felony or
696-misdemeanor of an individual reported under clause (A) has
697-been:
698-(i) set aside;
699-(ii) reversed; or
700-(iii) vacated.
701-(11) Perform legal and administrative duties for the justices as
702-determined by the justices.
703-(12) Provide staff support for the judicial conference of Indiana
704-established in IC 33-38-9.
705-(13) Work with the United States Department of Veterans Affairs
706-to identify and address the needs of veterans in the court system.
707-(14) If necessary for purposes of IC 35-47-16-1, issue a retired
708-judicial officer an identification card identifying the retired
709-judicial officer as a retired judicial officer.
710-(15) Establish and administer the statewide juvenile justice data
711-aggregation plan established under section 12.5 of this chapter.
712-(16) Create and make available an application for detention to be
713-used in proceedings under IC 12-26-5 (mental health detention,
714-commitment, and treatment).
715-(b) All forms to be used in gathering data must be approved by the
716-supreme court and shall be distributed to all judges and clerks before
717-the start of each period for which reports are required.
718-(c) The office of judicial administration may adopt rules to
719-implement this section.
720-SECTION 19. IC 33-38-5-8.1, AS AMENDED BY P.L.229-2011,
721-SECTION 265, IS AMENDED TO READ AS FOLLOWS
722-[EFFECTIVE JULY 1, 2024]: Sec. 8.1. (a) Except as otherwise
723-provided in this section, the part of the total salary of an official:
724-(1) paid by the state; and
725-HEA 1240 — Concur 18
726-(2) set under section 6 or 8 of this chapter;
727-is increased in each state fiscal year in which the general assembly does
728-not amend the section of law under which the salary is determined to
729-provide a salary increase for the state fiscal year.
730-(b) The percentage by which salaries are increased in a state fiscal
731-year under this section is equal to the statewide average percentage, as
732-determined by the budget director, by which the salaries of state
733-employees in the executive branch who are in the same or a similar
734-salary bracket exceed, for the state fiscal year, the salaries of executive
735-branch state employees in the same or a similar salary bracket that were
736-in effect on July 1 of the immediately preceding state fiscal year.
737-(c) The amount of a salary increase under this section is equal to the
738-amount determined by applying the percentage increase for the
739-particular state fiscal year to the salary payable by the state, as
740-previously adjusted under this section, that is in effect on June 30 of the
741-immediately preceding state fiscal year. However, a salary increase that
742-would otherwise occur under this section in the state fiscal year
743-beginning July 1, 2011, or in the state fiscal year beginning July 1,
744-2012, shall not occur unless the increase for that state fiscal year is
745-approved by the chief justice of the supreme court.
746-(d) An official is not entitled to receive a salary increase under this
747-section in a state fiscal year in which state employees described in
748-subsection (b) do not receive a statewide average salary increase.
749-(e) If a salary increase is required under this section, the budget
750-director shall augment judicial appropriations, including the line items
751-for personal services for the supreme court, local judges' salaries, and
752-county prosecutors' prosecuting attorneys' salaries, in the state
753-biennial budget in an amount sufficient to pay for the salary increase
754-from the sources of funds determined by the budget director.
755-SECTION 20. IC 35-31.5-2-1.7 IS ADDED TO THE INDIANA
756-CODE AS A NEW SECTION TO READ AS FOLLOWS
757-[EFFECTIVE JULY 1, 2024]: Sec. 1.7. "Abusive head trauma"
758-means an inflicted injury to the head and its contents of an infant
759-or a child less than six (6) years of age, including an injury caused
760-by shaking or blunt impact, that may:
761-(1) result in bleeding inside the head; and
762-(2) cause one (1) or more of the following conditions:
763-(A) Irreversible brain damage.
764-(B) Blindness, retinal hemorrhage, or eye damage.
765-(C) Cerebral palsy.
766-(D) Hearing loss.
767-(E) Spinal cord injury, including paralysis.
768-HEA 1240 — Concur 19
769-(F) Seizures.
770-(G) Learning disability.
771-(H) Death.
772-(I) Central nervous system injury as evidenced by central
773-nervous system hemorrhaging.
774-(J) Closed head injury.
775-(K) Subdural hematoma.
776-SECTION 21. IC 35-38-1-7.1, AS AMENDED BY P.L.115-2023,
777-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
778-JULY 1, 2024]: Sec. 7.1. (a) In determining what sentence to impose
779-for a crime, the court may consider the following aggravating
780-circumstances:
781-(1) The harm, injury, loss, or damage suffered by the victim of an
782-offense was:
783-(A) significant; and
784-(B) greater than the elements necessary to prove the
785-commission of the offense.
786-(2) The person has a history of criminal or delinquent behavior.
787-(3) The victim of the offense was less than twelve (12) years of
788-age or at least sixty-five (65) years of age at the time the person
789-committed the offense.
790-(4) The person:
791-(A) committed a crime of violence (IC 35-50-1-2); and
792-(B) knowingly committed the offense in the presence or within
793-hearing of an individual who:
794-(i) was less than eighteen (18) years of age at the time the
795-person committed the offense; and
796-(ii) is not the victim of the offense.
797-(5) The person violated a protective order issued against the
798-person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
799-IC 34-4-5.1 before their repeal), a workplace violence restraining
800-order issued against the person under IC 34-26-6, or a no contact
801-order issued against the person.
802-(6) The person has recently violated the conditions of any
803-probation, parole, pardon, community corrections placement, or
804-pretrial release granted to the person.
805-(7) The victim of the offense was:
806-(A) a person with a disability (as defined in IC 27-7-6-12), and
807-the defendant knew or should have known that the victim was
808-a person with a disability; or
809-(B) mentally or physically infirm.
810-(8) The person was in a position having care, custody, or control
811-HEA 1240 — Concur 20
812-of the victim of the offense.
813-(9) The injury to or death of the victim of the offense was the
814-result of shaken baby syndrome (as defined in IC 16-41-40-2) or
815-abusive head trauma.
816-(10) The person threatened to harm the victim of the offense or a
817-witness if the victim or witness told anyone about the offense.
818-(11) The person:
819-(A) committed trafficking with an inmate under
820-IC 35-44.1-3-5; and
821-(B) is an employee of the penal facility.
822-(12) The person committed the offense with bias due to the
823-victim's or the group's real or perceived characteristic, trait, belief,
824-practice, association, or other attribute the court chooses to
825-consider, including but not limited to an attribute described in
826-IC 10-13-3-1.
827-(b) The court may consider the following factors as mitigating
828-circumstances or as favoring suspending the sentence and imposing
829-probation:
830-(1) The crime neither caused nor threatened serious harm to
831-persons or property, or the person did not contemplate that it
832-would do so.
833-(2) The crime was the result of circumstances unlikely to recur.
834-(3) The victim of the crime induced or facilitated the offense.
835-(4) There are substantial grounds tending to excuse or justify the
836-crime, though failing to establish a defense.
837-(5) The person acted under strong provocation.
838-(6) The person has no history of delinquency or criminal activity,
839-or the person has led a law-abiding life for a substantial period
840-before commission of the crime.
841-(7) The person is likely to respond affirmatively to probation or
842-short term imprisonment.
843-(8) The character and attitudes of the person indicate that the
844-person is unlikely to commit another crime.
845-(9) The person has made or will make restitution to the victim of
846-the crime for the injury, damage, or loss sustained.
847-(10) Imprisonment of the person will result in undue hardship to
848-the person or the dependents of the person.
849-(11) The person was convicted of a crime involving the use of
850-force against a person who had repeatedly inflicted physical or
851-sexual abuse upon the convicted person and evidence shows that
852-the convicted person suffered from the effects of battery as a
853-result of the past course of conduct of the individual who is the
854-HEA 1240 — Concur 21
855-victim of the crime for which the person was convicted.
856-(12) The person was convicted of a crime relating to a controlled
857-substance and the person's arrest or prosecution was facilitated in
858-part because the person:
859-(A) requested emergency medical assistance; or
860-(B) acted in concert with another person who requested
861-emergency medical assistance;
862-for an individual who reasonably appeared to be in need of
863-medical assistance due to the use of alcohol or a controlled
864-substance.
865-(13) The person has posttraumatic stress disorder, traumatic brain
866-injury, or a postconcussive brain injury.
867-(14) The person is a person described in IC 31-30-1-4(d) who
868-committed the offense while the person was a child but is now at
869-least twenty-one (21) years of age.
870-(c) The criteria listed in subsections (a) and (b) do not limit the
871-matters that the court may consider in determining the sentence.
872-(d) A court may impose any sentence that is:
873-(1) authorized by statute; and
874-(2) permissible under the Constitution of the State of Indiana;
875-regardless of the presence or absence of aggravating circumstances or
876-mitigating circumstances.
877-(e) If a court suspends a sentence and orders probation for a person
878-described in subsection (b)(13), the court may require the person to
879-receive treatment for the person's injuries.
880-SECTION 22. IC 35-38-1-17, AS AMENDED BY P.L.115-2023,
881-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
882-JULY 1, 2024]: Sec. 17. (a) Notwithstanding IC 1-1-5.5-21, this section
883-applies to a person who:
884-(1) commits an offense; or
885-(2) is sentenced;
886-before July 1, 2014.
887-(b) This section does not apply to a credit restricted felon.
888-(c) Except as provided in subsections (k) and (m), this section does
889-not apply to a violent criminal.
890-(d) As used in this section, "violent criminal" means a person
891-convicted of any of the following offenses:
892-(1) Murder (IC 35-42-1-1).
893-(2) Attempted murder (IC 35-41-5-1).
894-(3) Voluntary manslaughter (IC 35-42-1-3).
895-(4) Involuntary manslaughter (IC 35-42-1-4).
896-(5) Reckless homicide (IC 35-42-1-5).
897-HEA 1240 — Concur 22
898-(6) Aggravated battery (IC 35-42-2-1.5).
899-(7) Kidnapping (IC 35-42-3-2).
900-(8) Rape (IC 35-42-4-1).
901-(9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
902-(10) Child molesting (IC 35-42-4-3).
903-(11) Sexual misconduct with a minor as a Class A felony under
904-IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2)
905-(for a crime committed before July 1, 2014) or sexual misconduct
906-with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a
907-Level 2 felony under IC 35-42-4-9(b)(2) (for a crime committed
908-after June 30, 2014).
909-(12) Robbery as a Class A felony or a Class B felony
910-(IC 35-42-5-1) (for a crime committed before July 1, 2014) or
911-robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1) (for
912-a crime committed after June 30, 2014).
913-(13) Burglary as Class A felony or a Class B felony
914-(IC 35-43-2-1) (for a crime committed before July 1, 2014) or
915-burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or
916-Level 4 felony (IC 35-43-2-1) (for a crime committed after June
917-30, 2014).
918-(14) Unlawful possession of a firearm by a serious violent felon
919-(IC 35-47-4-5).
920-(e) At any time after:
921-(1) a convicted person begins serving the person's sentence; and
922-(2) the court obtains a report from the department of correction
923-concerning the convicted person's conduct while imprisoned;
924-the court may reduce or suspend the sentence and impose a sentence
925-that the court was authorized to impose at the time of sentencing.
926-However, if the convicted person was sentenced under the terms of a
927-plea agreement, the court may not, without the consent of the
928-prosecuting attorney, reduce or suspend the sentence and impose a
929-sentence not authorized by the plea agreement. The court must
930-incorporate its reasons in the record.
931-(f) If the court sets a hearing on a petition under this section, the
932-court must give notice to the prosecuting attorney and the prosecuting
933-attorney must give notice to the victim (as defined in IC 35-31.5-2-348)
934-of the crime for which the convicted person is serving the sentence.
935-(g) The court may suspend a sentence for a felony under this section
936-only if suspension is permitted under IC 35-50-2-2.2, or, if applicable,
937-IC 35-50-2-2 (repealed).
938-(h) The court may deny a request to suspend or reduce a sentence
939-under this section without making written findings and conclusions.
940-HEA 1240 — Concur 23
941-(i) The court is not required to conduct a hearing before reducing or
942-suspending a sentence under this section if:
943-(1) the prosecuting attorney has filed with the court an agreement
944-of the reduction or suspension of the sentence; and
945-(2) the convicted person has filed with the court a waiver of the
946-right to be present when the order to reduce or suspend the
947-sentence is considered.
948-(j) This subsection applies only to a convicted person who is not a
949-violent criminal. A convicted person who is not a violent criminal may
950-file a petition for sentence modification under this section:
951-(1) not more than one (1) time in any three hundred sixty-five
952-(365) day period; and
953-(2) a maximum of two (2) times during any consecutive period of
954-incarceration;
955-without the consent of the prosecuting attorney.
956-(k) This subsection applies to a convicted person who is a violent
957-criminal. Except as provided in subsection (n), a convicted person who
958-is a violent criminal may, not later than three hundred sixty-five (365)
959-days from the date of sentencing, file one (1) petition for sentence
960-modification under this section without the consent of the prosecuting
961-attorney. After the elapse of the three hundred sixty-five (365) day
962-period, a violent criminal may not file a petition for sentence
963-modification without the consent of the prosecuting attorney.
964-(l) A person may not waive the right to sentence modification under
965-this section as part of a plea agreement. Any purported waiver of the
966-right to sentence modification under this section in a plea agreement is
967-invalid and unenforceable as against public policy. This subsection
968-does not prohibit the finding of a waiver of the right to:
969-(1) have a court modify a sentence and impose a sentence not
970-authorized by the plea agreement, as described under subsection
971-(e); or
972-(2) sentence modification for any other reason, including failure
973-to comply with the provisions of this section.
974-(m) Notwithstanding subsection (k), a person who commits an
975-offense after June 30, 2014, and before May 15, 2015, may file one (1)
976-petition for sentence modification without the consent of the
977-prosecuting attorney, even if the person has previously filed a petition
978-for sentence modification.
979-(n) A person sentenced in a criminal court having jurisdiction over
980-an offense committed when the person was less than eighteen (18)
981-years of age may file an additional petition for sentence modification
982-under this section without the consent of the prosecuting attorney if the
983-HEA 1240 — Concur 24
984-person has served at least:
985-(1) fifteen (15) years of the person's sentence, if the person is not
986-serving a sentence for murder; or
987-(2) twenty (20) years of the person's sentence, if the person is
988-serving a sentence for murder.
989-The time periods described in this subsection are computed on the
990-basis of time actually served and do not include any reduction applied
991-for good time credit or educational credit time.
992-SECTION 23. IC 35-38-2.6-1, AS AMENDED BY P.L.72-2023,
993-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
994-JULY 1, 2024]: Sec. 1. This chapter does not apply to persons
995-convicted of any of the following offenses whenever any part of the
996-sentence may not be suspended under IC 35-50-2-2.2:
997-(1) Sex crimes under IC 35-42-4 or IC 35-46-1-3.
998-(2) A Level 1 felony.
999-(3) A Class A felony.
1000-(3) (4) Any of the following felonies:
1001-(A) Murder (IC 35-42-1-1).
1002-(B) A battery offense included in IC 35-42-2 with a deadly
1003-weapon or causing death.
1004-(C) Kidnapping (IC 35-42-3-2).
1005-(D) Criminal confinement (IC 35-42-3-3) with a deadly
1006-weapon.
1007-(E) Robbery (IC 35-42-5-1) resulting in serious bodily injury
1008-or with a deadly weapon.
1009-(F) Arson (IC 35-43-1-1) for hire resulting in serious bodily
1010-injury.
1011-(G) Burglary (IC 35-43-2-1) resulting in serious bodily injury.
1012-(H) Resisting law enforcement (IC 35-44.1-3-1) with a deadly
1013-weapon.
1014-(I) Aggravated battery (IC 35-42-2-1.5).
1015-(J) Disarming a law enforcement officer (IC 35-44.1-3-2).
1016-(K) A sentence for a crime that is enhanced by criminal
1017-organization (IC 35-50-2-15).
1018-SECTION 24. IC 35-42-2-1, AS AMENDED BY P.L.209-2023,
1019-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1020-JULY 1, 2024]: Sec. 1. (a) As used in this section, "public safety
1021-official" means:
1022-(1) a law enforcement officer, including an alcoholic beverage
1023-enforcement officer;
1024-(2) an employee of a penal facility or a juvenile detention facility
1025-(as defined in IC 31-9-2-71);
1026-HEA 1240 — Concur 25
1027-(3) an employee of the department of correction;
1028-(4) a probation officer;
1029-(5) a parole officer;
1030-(6) a community corrections worker;
1031-(7) a home detention officer;
1032-(8) a department of child services employee;
1033-(9) a firefighter;
1034-(10) an emergency medical services provider;
1035-(11) a judicial officer;
1036-(12) a bailiff of any court; or
1037-(13) a special deputy (as described in IC 36-8-10-10.6).
1038-(b) As used in this section, "relative" means an individual related by
1039-blood, half-blood, adoption, marriage, or remarriage, including:
1040-(1) a spouse;
1041-(2) a parent or stepparent;
1042-(3) a child or stepchild;
1043-(4) a grandchild or stepgrandchild;
1044-(5) a grandparent or stepgrandparent;
1045-(6) a brother, sister, stepbrother, or stepsister;
1046-(7) a niece or nephew;
1047-(8) an aunt or uncle;
1048-(9) a daughter-in-law or son-in-law;
1049-(10) a mother-in-law or father-in-law; or
1050-(11) a first cousin.
1051-(c) Except as provided in subsections (d) through (k), a person who
1052-knowingly or intentionally:
1053-(1) touches another person in a rude, insolent, or angry manner;
1054-or
1055-(2) in a rude, insolent, or angry manner places any bodily fluid or
1056-waste on another person;
1057-commits battery, a Class B misdemeanor.
1058-(d) The offense described in subsection (c)(1) or (c)(2) is a Class A
1059-misdemeanor if it:
1060-(1) results in bodily injury to any other person; or
1061-(2) is committed against a member of a foster family home (as
1062-defined in IC 35-31.5-2-139.3) by a person who is not a resident
1063-of the foster family home if the person who committed the offense
1064-is a relative of a person who lived in the foster family home at the
1065-time of the offense.
1066-(e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
1067-felony if one (1) or more of the following apply:
1068-(1) The offense results in moderate bodily injury to any other
1069-HEA 1240 — Concur 26
1070-person.
1071-(2) The offense is committed against a public safety official while
1072-the official is engaged in the official's official duty, unless the
1073-offense is committed by a person detained or committed under
1074-IC 12-26.
1075-(3) The offense is committed against a person less than fourteen
1076-(14) years of age and is committed by a person at least eighteen
1077-(18) years of age.
1078-(4) The offense is committed against a person of any age who has
1079-a mental or physical disability and is committed by a person
1080-having the care of the person with the mental or physical
1081-disability, whether the care is assumed voluntarily or because of
1082-a legal obligation.
1083-(5) The offense is committed against an endangered adult (as
1084-defined in IC 12-10-3-2).
1085-(6) The offense:
1086-(A) is committed against a member of a foster family home (as
1087-defined in IC 35-31.5-2-139.3) by a person who is not a
1088-resident of the foster family home if the person who committed
1089-the offense is a relative of a person who lived in the foster
1090-family home at the time of the offense; and
1091-(B) results in bodily injury to the member of the foster family.
1092-(f) The offense described in subsection (c)(2) is a Level 6 felony if
1093-the person knew or recklessly failed to know that the bodily fluid or
1094-waste placed on another person was infected with hepatitis,
1095-tuberculosis, or human immunodeficiency virus.
1096-(g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
1097-felony if one (1) or more of the following apply:
1098-(1) The offense results in serious bodily injury to another person.
1099-(2) The offense is committed with a deadly weapon.
1100-(3) The offense results in bodily injury to a pregnant woman if the
1101-person knew of the pregnancy.
1102-(4) The person has a previous conviction for a battery or
1103-strangulation offense included in this chapter against the same
1104-victim.
1105-(5) The offense results in bodily injury to one (1) or more of the
1106-following:
1107-(A) A public safety official while the official is engaged in the
1108-official's official duties, unless the offense is committed by a
1109-person detained or committed under IC 12-26.
1110-(B) A person less than fourteen (14) years of age if the offense
1111-is committed by a person at least eighteen (18) years of age.
1112-HEA 1240 — Concur 27
1113-(C) A person who has a mental or physical disability if the
1114-offense is committed by an individual having care of the
1115-person with the disability, regardless of whether the care is
1116-assumed voluntarily or because of a legal obligation.
1117-(D) An endangered adult (as defined in IC 12-10-3-2).
1118-(h) The offense described in subsection (c)(2) is a Level 5 felony if:
1119-(1) the person knew or recklessly failed to know that the bodily
1120-fluid or waste placed on another person was infected with
1121-hepatitis, tuberculosis, or human immunodeficiency virus; and
1122-(2) the person placed the bodily fluid or waste on a public safety
1123-official, unless the offense is committed by a person detained or
1124-committed under IC 12-26.
1125-(i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
1126-felony if it results in serious bodily injury to an endangered adult (as
1127-defined in IC 12-10-3-2).
1128-(j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
1129-felony if it results in serious bodily injury to a person less than fourteen
1130-(14) years of age if the offense is committed by a person at least
1131-eighteen (18) years of age.
1132-(k) The offense described in subsection (c)(1) or (c)(2) is a Level 2
1133-felony if it results in the death of one (1) or more of the following:
1134-(1) A person less than fourteen (14) years of age if the offense is
1135-committed by a person at least eighteen (18) years of age.
1136-(2) An endangered adult (as defined in IC 12-10-3-2).
1137-SECTION 25. IC 35-43-2-2.1 IS REPEALED [EFFECTIVE JULY
1138-1, 2024]. Sec. 2.1. (a) A person who, with the intent to commit theft
1139-under section 2 of this chapter:
1140-(1) agrees with at least two (2) other persons to commit theft; and
1141-(2) performs an overt act in furtherance of the agreement;
1142-commits organized theft, a Level 6 felony.
1143-(b) It is not a defense to a prosecution under this section that one (1)
1144-or more persons with whom the accused person is alleged to have
1145-agreed:
1146-(1) has not been prosecuted;
1147-(2) has not been convicted;
1148-(3) has been acquitted;
1149-(4) has been convicted of a different crime;
1150-(5) cannot be prosecuted for any reason; or
1151-(6) lacked the capacity to commit the crime.
1152-(c) A person may not be convicted of an offense under this section
1153-and:
1154-(1) an attempt to commit theft; or
1155-HEA 1240 — Concur 28
1156-(2) a conspiracy to commit theft;
1157-with respect to the same underlying theft.
1158-SECTION 26. IC 35-43-4-2.1 IS ADDED TO THE INDIANA
1159-CODE AS A NEW SECTION TO READ AS FOLLOWS
1160-[EFFECTIVE JULY 1, 2024]: Sec. 2.1. (a) A person who, with the
1161-intent to commit theft under section 2 of this chapter:
1162-(1) agrees with at least two (2) other persons to commit theft;
1163-and
1164-(2) performs an overt act in furtherance of the agreement;
1165-commits organized theft, a Level 6 felony.
1166-(b) It is not a defense to a prosecution under this section that one
1167-(1) or more persons with whom the accused person is alleged to
1168-have agreed:
1169-(1) has not been prosecuted;
1170-(2) has not been convicted;
1171-(3) has been acquitted;
1172-(4) has been convicted of a different crime;
1173-(5) cannot be prosecuted for any reason; or
1174-(6) lacked the capacity to commit the crime.
1175-(c) A person may not be convicted of an offense under this
1176-section and:
1177-(1) an attempt to commit theft; or
1178-(2) a conspiracy to commit theft;
1179-with respect to the same underlying theft.
1180-SECTION 27. IC 35-43-5-4, AS AMENDED BY P.L.174-2021,
1181-SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1182-JULY 1, 2024]: Sec. 4. (a) A person who:
1183-(1) with the intent to obtain property or data, or an educational,
1184-governmental, or employment benefit to which the person is not
1185-entitled, knowingly or intentionally:
1186-(A) makes a false or misleading statement; or
1187-(B) creates a false impression in another person;
1188-(2) with the intent to cause another person to obtain property,
1189-knowingly or intentionally:
1190-(A) makes a false or misleading statement;
1191-(B) creates a false impression in a third person; or
1192-(C) causes to be presented a claim that:
1193-(i) contains a false or misleading statement; or
1194-(ii) creates a false or misleading impression in a third
1195-person;
1196-(3) possesses, manufactures, uses, or alters a document,
1197-instrument, computer program, or device with the intent to obtain:
1198-HEA 1240 — Concur 29
1199-(A) property;
1200-(B) data; or
1201-(C) an educational, governmental, or employment benefit;
1202-to which the person is not entitled; or
1203-(4) knowingly or intentionally engages in a scheme or artifice to
1204-commit an offense described in subdivisions (1) through (3);
1205-commits fraud, a Class A misdemeanor except as otherwise provided
1206-in this section.
1207-(b) The offense described in subsection (a) is a Level 6 felony if one
1208-(1) or more of the following apply:
1209-(1) The offense is committed not later than seven (7) years from
1210-the date the person:
1211-(A) was convicted of a prior unrelated conviction for an
1212-offense under this article; or
1213-(B) was released from a term of incarceration, probation, or
1214-parole (whichever occurred last) imposed for a prior unrelated
1215-conviction for an offense under this article;
1216-whichever occurred last.
1217-(2) The pecuniary loss is at least seven hundred fifty dollars
1218-($750) but less than fifty thousand dollars ($50,000).
1219-(3) The victim is:
1220-(A) an endangered adult (as defined in IC 12-10-3-2(a)); or
1221-(B) less than eighteen (18) years of age.
1222-(4) The person makes a false or misleading statement representing
1223-an entity as:
1224-(A) a disadvantaged business enterprise (as defined in
1225-IC 5-16-6.5-1); or
1226-(B) a women-owned business enterprise (as defined in
1227-IC 5-16-6.5-3);
1228-in order to qualify for certification as such an enterprise under a
1229-program conducted by a public agency (as defined in
1230-IC 5-16-6.5-2) designed to assist disadvantaged business
1231-enterprises or women-owned business enterprises in obtaining
1232-contracts with public agencies for the provision of goods and
1233-services.
1234-(5) The person makes a false or misleading statement representing
1235-an entity with which the person will subcontract all or part of a
1236-contract with a public agency (as defined in IC 5-16-6.5-2) as:
1237-(A) a disadvantaged business enterprise (as defined in
1238-IC 5-16-6.5-1); or
1239-(B) a women-owned business enterprise (as defined in
1240-IC 5-16-6.5-3);
1241-HEA 1240 — Concur 30
1242-in order to qualify for certification as an eligible bidder under a
1243-program that is conducted by a public agency designed to assist
1244-disadvantaged business enterprises or women-owned business
1245-enterprises in obtaining contracts with public agencies for the
1246-provision of goods and services.
1247-(6) The offense is committed by a person who is confined in:
1248-(A) the department of correction;
1249-(B) a county jail; or
1250-(C) a secure juvenile facility.
1251-(7) The document or instrument that the person possesses,
1252-manufactures, uses, or alters is a document or instrument:
1253-(A) issued by a public servant or a governmental entity;
1254-(B) that has been manufactured or altered to appear to have
1255-been issued by a public servant or a governmental entity; or
1256-(C) that the person tendered to, or intends to tender to a public
1257-servant or a governmental entity.
1258-(8) Except as provided in subsection (d), (e), the person:
1259-(A) made the false or misleading statement; or
1260-(B) created the false impression in another person;
1261-on or by means of a document or written instrument.
1262-(9) The agreement is unconscionable.
1263-(10) The offense involves human reproductive material (as
1264-defined in IC 34-24-5-1).
1265-(c) The offense described in subsection (a) is a Level 5 felony if one
1266-(1) or more of the following apply:
1267-(1) The pecuniary loss is at least fifty thousand dollars ($50,000)
1268-and less than one hundred thousand dollars ($100,000).
1269-(2) The pecuniary loss is at least seven hundred fifty dollars
1270-($750) and less than fifty thousand dollars ($50,000) and the
1271-victim is:
1272-(A) an endangered adult (as defined in IC 12-10-3-2(a)); or
1273-(B) less than eighteen (18) years of age.
1274-(3) The victim was a financial institution.
1275-(d) The offense described in subsection (a) is a Level 4 felony if
1276-one (1) or more of the following apply:
1277-(1) The pecuniary loss is at least one hundred thousand
1278-dollars ($100,000).
1279-(2) The pecuniary loss is at least fifty thousand dollars
1280-($50,000) and the victim is:
1281-(A) an endangered adult (as defined in IC 12-10-3-2(a)); or
1282-(B) less than eighteen (18) years of age.
1283-(d) (e) The offense described in subsection (b)(9) (b)(8) is a Class
1284-HEA 1240 — Concur 31
1285-A misdemeanor if the defendant proves by a preponderance of the
1286-evidence that the:
1287-(1) value of the property, data, or benefit intended to be obtained;
1288-and
1289-(2) actual pecuniary loss;
1290-is less than seven hundred fifty dollars ($750).
1291-SECTION 28. IC 35-47-10-5, AS AMENDED BY P.L.152-2014,
1292-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1293-JULY 1, 2024]: Sec. 5. (a) A child who knowingly, intentionally, or
1294-recklessly possesses a firearm for any purpose other than a purpose
1295-described in section 1 of this chapter commits dangerous possession of
1296-a firearm, a Class A misdemeanor. However, the offense is a Level 5
1297-felony if the child has a prior conviction under this section or has been
1298-adjudicated a delinquent for an act that would be an offense under this
1299-section. if committed by an adult.
1300-(b) A child who knowingly or intentionally provides a firearm to
1301-another child whom the child knows:
1302-(1) is ineligible for any reason to purchase or otherwise receive
1303-from a dealer a firearm; or
1304-(2) intends to use the firearm to commit a crime;
1305-commits a Level 5 felony. However, the offense is a Level 3 felony if
1306-the other child uses the firearm to commit murder (IC 35-42-1-1).
1307-SECTION 29. IC 36-2-13-12 IS AMENDED TO READ AS
1308-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) The sheriff shall
1309-file with the appropriate court and, in the case of a person awaiting trial
1310-on a criminal charge, with the county prosecuting attorney of the
1311-appropriate judicial circuit, a weekly report of each person confined
1312-in the county jail. The report must include the confined person's name,
1313-the date of commitment, the court or officer ordering the commitment,
1314-the criminal charge, conviction, or civil action underlying the
1315-commitment, the term of commitment, and whether the person is
1316-awaiting trial or serving a term of imprisonment.
1317-(b) The sheriff shall file with the county executive an annual report
1318-of the condition of the county jail and any recommended improvements
1319-in its maintenance and operation. The report shall also be filed with the
1320-county auditor and maintained as a public record.
1321-SECTION 30. IC 36-2-14-6.3, AS AMENDED BY P.L.109-2015,
1322-SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1323-JULY 1, 2024]: Sec. 6.3. (a) A coroner shall immediately notify:
1324-(1) the local office of the department of child services by using
1325-the statewide hotline for the department; and
1326-(2) either:
1327-HEA 1240 — Concur 32
1328-(A) the local child fatality review team; or
1329-(B) if the county does not have a local child fatality review
1330-team, the statewide child fatality review committee;
1331-of each death of a person who is less than eighteen (18) years of age,
1332-or appears to be less than eighteen (18) years of age and who has died
1333-in an apparently suspicious, unexpected, or unexplained manner.
1334-(b) If a child less than eighteen (18) years of age dies in an
1335-apparently suspicious, unexpected, or unexplained manner, the coroner
1336-shall consult with a child death pathologist to determine whether an
1337-autopsy is necessary. If the coroner and the child death pathologist
1338-disagree over the need for an autopsy, the county prosecuting attorney
1339-shall determine whether an autopsy is necessary. If the autopsy is
1340-considered necessary, a child death pathologist or a pathology resident
1341-acting under the direct supervision of a child death pathologist shall
1342-conduct the autopsy within twenty-four (24) hours after the prosecuting
1343-attorney notifies the pathologist or pathology resident of the
1344-determination. If the autopsy is not considered necessary, the autopsy
1345-shall not be conducted.
1346-(c) If a child death pathologist and coroner agree under subsection
1347-(b) that an autopsy is necessary, the child death pathologist or a
1348-pathology resident acting under the direct supervision of a child death
1349-pathologist shall conduct the autopsy of the child.
1350-SECTION 31. IC 36-2-14-20, AS AMENDED BY P.L.73-2023,
1351-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1352-JULY 1, 2024]: Sec. 20. (a) This section applies only to the autopsy of
1353-a person whose death is:
1354-(1) suspicious;
1355-(2) violent;
1356-(3) accidental; or
1357-(4) from an overdose.
1358-(b) As used in this section, "autopsy" means the external and
1359-surgical internal examination of all body systems of a decedent,
1360-including toxicology and histology.
1361-(c) Except as provided in subsection (d) and IC 4-24-4-1, if an
1362-Indiana resident dies in an Indiana county as a result of an incident that
1363-occurred in another Indiana county, the county coroner where the death
1364-occurred shall discuss whether an autopsy is warranted with the
1365-coroner of the county where the incident occurred. If the coroners agree
1366-that an autopsy is needed, the coroner of the county where the death
1367-occurred shall bill the county in which the incident occurred for the
1368-cost of the autopsy, including the physician fee under section 6(e) of
1369-this chapter.
1370-HEA 1240 — Concur 33
1371-(d) Except as provided in subsection (c) and IC 4-24-4-1, payment
1372-for the costs of an autopsy requested by a party other than the:
1373-(1) county prosecutor; prosecuting attorney; or
1374-(2) county coroner;
1375-of the county in which the individual died must be made by the party
1376-requesting the autopsy.
1377-(e) This section does not preclude the coroner of a county in which
1378-a death occurs from attempting to recover autopsy costs from the
1379-jurisdiction outside Indiana where the incident that caused the death
1380-occurred.
1381-HEA 1240 — Concur Speaker of the House of Representatives
1382-President of the Senate
1383-President Pro Tempore
1384-Governor of the State of Indiana
1385-Date: Time:
1386-HEA 1240 — Concur
1566+(2) that could have been waived under IC 31-30-3.".
1567+Renumber all SECTIONS consecutively.
1568+(Reference is to EHB 1240 as printed February 23, 2024.)
1569+FREEMAN
1570+EH 1240—LS 6775/DI 106