Indiana 2024 Regular Session

Indiana House Bill HB1256 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1256
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 11-12-3.7-6; IC 12-7-2-53.2; IC 20-26-5-11.2;
7	7	IC 20-28-5-8; IC 31-30; IC 31-37; IC 35-31.5-2-91; IC 35-33-1-1;
8	8	IC 35-38-2.6-1; IC 35-42; IC 35-43; IC 35-45-6-1; IC 35-47-4-5;
9	9	IC 35-50.
10	10	Synopsis: Auto theft and carjacking. Reenacts the crimes of auto theft
11	11	and carjacking. (The auto theft provision was repealed in 2018 and the
12	12	carjacking provision was repealed in 2013.) Makes the penalty for
13	13	carjacking a Level 4 felony, but increases the penalty to a Level 3
14	14	felony (if committed with a deadly weapon or results in bodily injury)
15	15	or a Level 2 felony (if it results in serious bodily injury). Makes the
16	16	penalty for auto theft a Level 5 felony and increases the penalty to a
17	17	Level 4 felony if the person has a prior conviction or the aggregate fair
18	18	market value of the motor vehicle or vehicle parts exceeds $50,000.
19	19	Makes conforming changes and technical corrections.
20	20	Effective: July 1, 2024.
21	21	Andrade
22	22	January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
23	23	2024 IN 1256—LS 6280/DI 151 Introduced
24	24	Second Regular Session of the 123rd General Assembly (2024)
25	25	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	26	Constitution) is being amended, the text of the existing provision will appear in this style type,
27	27	additions will appear in this style type, and deletions will appear in this style type.
28	28	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	29	provision adopted), the text of the new provision will appear in this style type. Also, the
30	30	word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	31	a new provision to the Indiana Code or the Indiana Constitution.
32	32	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	33	between statutes enacted by the 2023 Regular Session of the General Assembly.
34	34	HOUSE BILL No. 1256
35	35	A BILL FOR AN ACT to amend the Indiana Code concerning
36	36	criminal law and procedure.
37	37	Be it enacted by the General Assembly of the State of Indiana:
38	38	1 SECTION 1. IC 11-12-3.7-6, AS AMENDED BY P.L.78-2022,
39	39	2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40	40	3 JULY 1, 2024]: Sec. 6. As used in this chapter, "violent offense" means
41	41	4 one (1) or more of the following offenses:
42	42	5 (1) Murder (IC 35-42-1-1).
43	43	6 (2) Attempted murder (IC 35-41-5-1).
44	44	7 (3) Voluntary manslaughter (IC 35-42-1-3).
45	45	8 (4) Involuntary manslaughter (IC 35-42-1-4).
46	46	9 (5) Reckless homicide (IC 35-42-1-5).
47	47	10 (6) Aggravated battery (IC 35-42-2-1.5).
48	48	11 (7) Battery (IC 35-42-2-1) as a:
49	49	12 (A) Class A felony, Class B felony, or Class C felony (for a
50	50	13 crime committed before July 1, 2014); or
51	51	14 (B) Level 2 felony, Level 3 felony, or Level 5 felony (for a
52	52	15 crime committed after June 30, 2014).
53	53	16 (8) Kidnapping (IC 35-42-3-2).
54	54	17 (9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8 that
55	55	2024 IN 1256—LS 6280/DI 151 2
56	56	1 is a:
57	57	2 (A) Class A felony, Class B felony, or Class C felony (for a
58	58	3 crime committed before July 1, 2014); or
59	59	4 (B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4
60	60	5 felony, or Level 5 felony (for a crime committed after June 30,
61	61	6 2014).
62	62	7 (10) Sexual misconduct with a minor (IC 35-42-4-9) as a:
63	63	8 (A) Class A felony or Class B felony (for a crime committed
64	64	9 before July 1, 2014); or
65	65	10 (B) Level 1 felony, Level 2 felony, or Level 4 felony (for a
66	66	11 crime committed after June 30, 2014).
67	67	12 (11) Incest (IC 35-46-1-3).
68	68	13 (12) Robbery (IC 35-42-5-1) as a:
69	69	14 (A) Class A felony or a Class B felony (for a crime committed
70	70	15 before July 1, 2014); or
71	71	16 (B) Level 2 felony or Level 3 felony (for a crime committed
72	72	17 after June 30, 2014).
73	73	18 (13) Burglary (IC 35-43-2-1) as a:
74	74	19 (A) Class A felony or a Class B felony (for a crime committed
75	75	20 before July 1, 2014); or
76	76	21 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
77	77	22 felony (for a crime committed after June 30, 2014).
78	78	23 (14) Carjacking (IC 35-42-5-2) (repealed). (IC 35-42-5-3).
79	79	24 (15) Assisting a criminal (IC 35-44.1-2-5) as a:
80	80	25 (A) Class C felony (for a crime committed before July 1,
81	81	26 2014); or
82	82	27 (B) Level 5 felony (for a crime committed after June 30,
83	83	28 2014).
84	84	29 (16) Escape (IC 35-44.1-3-4) as a:
85	85	30 (A) Class B felony or Class C felony (for a crime committed
86	86	31 before July 1, 2014); or
87	87	32 (B) Level 4 felony or Level 5 felony (for a crime committed
88	88	33 after June 30, 2014).
89	89	34 (17) Trafficking with an inmate (IC 35-44.1-3-5) as a:
90	90	35 (A) Class C felony (for a crime committed before July 1,
91	91	36 2014); or
92	92	37 (B) Level 5 felony (for a crime committed after June 30,
93	93	38 2014).
94	94	39 (18) Causing death or catastrophic injury when operating a
95	95	40 vehicle (IC 9-30-5-5).
96	96	41 (19) Criminal confinement (IC 35-42-3-3) as a:
97	97	42 (A) Class B felony (for a crime committed before July 1,
98	98	2024 IN 1256—LS 6280/DI 151 3
99	99	1 2014); or
100	100	2 (B) Level 3 felony (for a crime committed after June 30,
101	101	3 2014).
102	102	4 (20) Arson (IC 35-43-1-1) as a:
103	103	5 (A) Class A or Class B felony (for a crime committed before
104	104	6 July 1, 2014); or
105	105	7 (B) Level 2, Level 3, or Level 4 felony (for a crime committed
106	106	8 after June 30, 2014).
107	107	9 (21) Possession, use, or manufacture of a weapon of mass
108	108	10 destruction (IC 35-46.5-2-1) (or IC 35-47-12-1 before its repeal).
109	109	11 (22) Terroristic mischief (IC 35-46.5-2-3) (or IC 35-47-12-3
110	110	12 before its repeal) as a:
111	111	13 (A) Class B felony (for a crime committed before July 1,
112	112	14 2014); or
113	113	15 (B) Level 4 felony (for a crime committed after June 30,
114	114	16 2014).
115	115	17 (23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
116	116	18 (24) A violation of IC 35-47.5 (controlled explosives) as a:
117	117	19 (A) Class A or Class B felony (for a crime committed before
118	118	20 July 1, 2014); or
119	119	21 (B) Level 2 or Level 4 felony (for a crime committed after
120	120	22 June 30, 2014).
121	121	23 (25) Domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
122	122	24 3 felony, or Level 5 felony.
123	123	25 (26) Sexual misconduct with a service provider (35-44.1-3-10) as
124	124	26 a Level 4 felony.
125	125	27 (27) Any other crimes evidencing a propensity or history of
126	126	28 violence.
127	127	29 SECTION 2. IC 12-7-2-53.2, AS AMENDED BY P.L.142-2020,
128	128	30 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
129	129	31 JULY 1, 2024]: Sec. 53.2. "Dangerous felony", for purposes of
130	130	32 IC 12-17.2, means one (1) or more of the following felonies:
131	131	33 (1) Murder (IC 35-42-1-1).
132	132	34 (2) Attempted murder (IC 35-41-5-1).
133	133	35 (3) Voluntary manslaughter (IC 35-42-1-3).
134	134	36 (4) Involuntary manslaughter (IC 35-42-1-4).
135	135	37 (5) Reckless homicide (IC 35-42-1-5).
136	136	38 (6) Aggravated battery (IC 35-42-2-1.5).
137	137	39 (7) Kidnapping (IC 35-42-3-2).
138	138	40 (8) Rape (IC 35-42-4-1).
139	139	41 (9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
140	140	42 (10) Child molesting (IC 35-42-4-3).
141	141	2024 IN 1256—LS 6280/DI 151 4
142	142	1 (11) Sexual misconduct with a minor as a Class A felony (for a
143	143	2 crime committed before July 1, 2014) or a Level 1 felony (for a
144	144	3 crime committed after June 30, 2014) under IC 35-42-4-9(a)(2)
145	145	4 or a Class B felony (for a crime committed before July 1, 2014)
146	146	5 or a Level 2 felony (for a crime committed after June 30, 2014)
147	147	6 under IC 35-42-4-9(b)(2).
148	148	7 (12) Robbery as a Class A or Class B felony (for a crime
149	149	8 committed before July 1, 2014) or a Level 2 or Level 3 felony (for
150	150	9 a crime committed after June 30, 2014) (IC 35-42-5-1).
151	151	10 (13) Burglary as a Class A or Class B felony (for a crime
152	152	11 committed before July 1, 2014) or a Level 2 or Level 3 felony (for
153	153	12 a crime committed after June 30, 2014) (IC 35-43-2-1).
154	154	13 (14) Battery as a felony (IC 35-42-2-1).
155	155	14 (15) Domestic battery (IC 35-42-2-1.3).
156	156	15 (16) Strangulation (IC 35-42-2-9).
157	157	16 (17) Criminal confinement (IC 35-42-3-3).
158	158	17 (18) Sexual battery (IC 35-42-4-8).
159	159	18 (19) Carjacking as a Level 2 felony or a Level 3 felony (IC
160	160	19 35-42-5-3).
161	161	20 SECTION 3. IC 20-26-5-11.2, AS ADDED BY P.L.110-2023,
162	162	21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
163	163	22 JULY 1, 2024]: Sec. 11.2. (a) This section applies to:
164	164	23 (1) a school corporation;
165	165	24 (2) a charter school;
166	166	25 (3) a state accredited nonpublic school; and
167	167	26 (4) an entity with which the school corporation, charter school, or
168	168	27 state accredited nonpublic school contracts for services;
169	169	28 concerning employees of the school corporation, charter school, state
170	170	29 accredited nonpublic school, or entity who are likely to have direct,
171	171	30 ongoing contact with children within the scope of the employees'
172	172	31 employment.
173	173	32 (b) Subject to section 10(k) of this chapter and subsection (f), a
174	174	33 school corporation, charter school, state accredited nonpublic school,
175	175	34 or entity may not employ or contract with, and shall terminate the
176	176	35 employment of or contract with, an individual convicted of any of the
177	177	36 following offenses:
178	178	37 (1) Murder (IC 35-42-1-1).
179	179	38 (2) Causing suicide (IC 35-42-1-2).
180	180	39 (3) Assisting suicide (IC 35-42-1-2.5).
181	181	40 (4) Voluntary manslaughter (IC 35-42-1-3).
182	182	41 (5) Aggravated battery (IC 35-42-2-1.5).
183	183	42 (6) Kidnapping (IC 35-42-3-2).
184	184	2024 IN 1256—LS 6280/DI 151 5
185	185	1 (7) A sex offense (as defined in IC 11-8-8-5.2).
186	186	2 (8) Carjacking (IC 35-42-5-2) (repealed). (IC 35-42-5-3).
187	187	3 (9) Arson (IC 35-43-1-1).
188	188	4 (10) Public indecency (IC 35-45-4-1(a)(3), IC 35-45-4-1(a)(4),
189	189	5 and IC 35-45-4-1(b)) committed:
190	190	6 (A) after June 30, 2003; or
191	191	7 (B) before July 1, 2003, if the person committed the offense
192	192	8 by, in a public place, engaging in sexual intercourse or other
193	193	9 sexual conduct (as defined in IC 35-31.5-2-221.5).
194	194	10 (11) Neglect of a dependent as a Class B felony (for a crime
195	195	11 committed before July 1, 2014) or a Level 1 felony or Level 3
196	196	12 felony (for a crime committed after June 30, 2014) (IC
197	197	13 35-46-1-4(b)(2) and IC 35-46-1-4(b)(3)).
198	198	14 (12) Child selling (IC 35-46-1-4(d)).
199	199	15 (13) An offense relating to material or a performance that is
200	200	16 harmful to minors or obscene under IC 35-49-3.
201	201	17 If an entity described in subsection (a)(4) obtains information that an
202	202	18 individual employed by the entity who works at a particular school
203	203	19 corporation, charter school, or state accredited nonpublic school has
204	204	20 been convicted of an offense described in this subsection, the entity
205	205	21 shall immediately notify the school corporation, charter school, or state
206	206	22 accredited nonpublic school of the employee's conviction.
207	207	23 (c) After June 30, 2023, a school corporation, charter school, state
208	208	24 accredited nonpublic school, or entity may employ or contract with an
209	209	25 individual convicted of any of the following offenses if a majority of
210	210	26 the members elected or appointed to the governing body of the school
211	211	27 corporation, or the equivalent body for a charter school, approves the
212	212	28 employment or contract as a separate, special agenda item, or if the
213	213	29 school administrator of a state accredited nonpublic school informs the
214	214	30 administrator's appointing authority of the hiring:
215	215	31 (1) An offense relating to operating a motor vehicle while
216	216	32 intoxicated under IC 9-30-5.
217	217	33 (2) Reckless homicide (IC 35-42-1-5).
218	218	34 (3) Battery (IC 35-42-2-1).
219	219	35 (4) Domestic battery (IC 35-42-2-1.3).
220	220	36 (5) Criminal confinement (IC 35-42-3-3).
221	221	37 (6) Public indecency (IC 35-45-4-1(a)(1) or IC 35-45-4-1(a)(2))
222	222	38 committed:
223	223	39 (A) after June 30, 2003; or
224	224	40 (B) before July 1, 2003, if the person committed the offense
225	225	41 by, in a public place, engaging in sexual intercourse or other
226	226	42 sexual conduct (as defined in IC 35-31.5-2-221.5).
227	227	2024 IN 1256—LS 6280/DI 151 6
228	228	1 (7) Contributing to the delinquency of a minor (IC 35-46-1-8).
229	229	2 (8) An offense involving a weapon under IC 35-47 or IC 35-47.5.
230	230	3 (9) An offense relating to controlled substances under IC 35-48-4,
231	231	4 other than an offense involving marijuana or paraphernalia used
232	232	5 to consume marijuana.
233	233	6 (d) An individual employed by a school corporation, charter school,
234	234	7 state accredited nonpublic school, or entity described in subsection (a)
235	235	8 shall notify the governing body of the school, if during the course of the
236	236	9 individual's employment, the individual:
237	237	10 (1) is convicted in Indiana or another jurisdiction of an offense
238	238	11 described in subsection (b) or subsection (c); or
239	239	12 (2) is the subject of a substantiated report of child abuse or
240	240	13 neglect.
241	241	14 (e) A school corporation, charter school, state accredited nonpublic
242	242	15 school, or entity may use information obtained under section 10 of this
243	243	16 chapter concerning an individual being the subject of a substantiated
244	244	17 report of child abuse or neglect as grounds to not employ or contract
245	245	18 with the individual.
246	246	19 (f) A school corporation, charter school, state accredited nonpublic
247	247	20 school, or entity is not required to consider whether information
248	248	21 concerning an individual's conviction:
249	249	22 (1) requires the school or entity to:
250	250	23 (A) not employ; or
251	251	24 (B) not contract with; or
252	252	25 (2) constitutes grounds to terminate the employment of or contract
253	253	26 with;
254	254	27 an individual under subsection (b) if the individual's conviction is
255	255	28 reversed, vacated, or set aside.
256	256	29 (g) Nothing in this section prohibits a school corporation, charter
257	257	30 school, state accredited nonpublic school, or entity from establishing
258	258	31 procedures to verify the accuracy of the information obtained under
259	259	32 section 10 of this chapter concerning an individual's conviction.
260	260	33 (h) A school corporation, charter school, or state accredited
261	261	34 nonpublic school may not hire or contract with an individual:
262	262	35 (1) who is required to wear an ankle monitor as the result of a
263	263	36 criminal conviction;
264	264	37 (2) who entered into an agreement to settle an allegation of
265	265	38 misconduct relating to the health, safety, or well-being of a
266	266	39 student at a school corporation, charter school, or state accredited
267	267	40 nonpublic school, if the agreement included a nondisclosure
268	268	41 agreement covering the alleged misconduct; or
269	269	42 (3) who, in an academic environment, engaged in a course of
270	270	2024 IN 1256—LS 6280/DI 151 7
271	271	1 conduct involving repeated or continuing contact with a child that
272	272	2 is intended to prepare or condition the child for sexual activity (as
273	273	3 defined in IC 35-42-4-13);
274	274	4 unless a majority of the members elected or appointed to the governing
275	275	5 body of the school corporation, or the equivalent body for a charter
276	276	6 school, approves the hire or contract as a separate, special agenda item,
277	277	7 or unless the school administrator of a state accredited nonpublic
278	278	8 school informs the administrator's appointing authority of the hiring.
279	279	9 (i) For purposes of subsection (h), "misconduct relating to the
280	280	10 health, safety, or well-being of a student" includes:
281	281	11 (1) engaging in a pattern of flirtatious or otherwise inappropriate
282	282	12 comments;
283	283	13 (2) making any effort to gain unreasonable access to, and time
284	284	14 alone with, any student with no discernable educational purpose;
285	285	15 (3) engaging in any behavior that can reasonably be construed as
286	286	16 involving an inappropriate and overly personal and intimate
287	287	17 relationship with, conduct toward, or focus on a student;
288	288	18 (4) telling explicit sexual jokes and stories;
289	289	19 (5) making sexually related comments;
290	290	20 (6) engaging in sexual kidding or teasing;
291	291	21 (7) engaging in sexual innuendos or making comments with
292	292	22 double entendre;
293	293	23 (8) inappropriate physical touching;
294	294	24 (9) using spoken, written, or any electronic communication to
295	295	25 importune, invite, participate with, or entice a person to expose or
296	296	26 touch the person's own or another person's intimate body parts or
297	297	27 to observe the student's intimate body parts via any form of
298	298	28 computer network or system, any social media platform,
299	299	29 telephone network, or data network or by text message or instant
300	300	30 messaging;
301	301	31 (10) sexual advances or requests for sexual favors;
302	302	32 (11) physical or romantic relationship including but not limited to
303	303	33 sexual intercourse or oral sexual intercourse;
304	304	34 (12) discussion of one's personal romantic or sexual feelings or
305	305	35 activities;
306	306	36 (13) discussion, outside of a professional teaching or counseling
307	307	37 context endorsed or required by an employing school district, of
308	308	38 a student's romantic or sexual feelings or activities;
309	309	39 (14) displaying, sharing, or transmitting pornographic or sexually
310	310	40 explicit materials;
311	311	41 (15) any physical contact that the student previously has indicated
312	312	42 is unwelcome, unless such contact is professionally required, such
313	313	2024 IN 1256—LS 6280/DI 151 8
314	314	1 as to teach a sport or other skill, or to protect the safety of the
315	315	2 student or others;
316	316	3 (16) other than for purposes of addressing student dress code
317	317	4 violations or concerns, referencing the physical appearance or
318	318	5 clothes of a student in a way that could be interpreted as sexual;
319	319	6 and
320	320	7 (17) self-disclosure or physical exposure of a sexual, romantic, or
321	321	8 erotic nature.
322	322	9 SECTION 4. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
323	323	10 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
324	324	11 JULY 1, 2024]: Sec. 8. (a) This section applies when a prosecuting
325	325	12 attorney knows that a licensed employee of a public school or a
326	326	13 nonpublic school has been convicted of an offense listed in subsection
327	327	14 (c). The prosecuting attorney shall immediately give written notice of
328	328	15 the conviction to the following:
329	329	16 (1) The secretary of education.
330	330	17 (2) Except as provided in subdivision (3), the superintendent of
331	331	18 the school corporation that employs the licensed employee or the
332	332	19 equivalent authority if a nonpublic school employs the licensed
333	333	20 employee.
334	334	21 (3) The presiding officer of the governing body of the school
335	335	22 corporation that employs the licensed employee, if the convicted
336	336	23 licensed employee is the superintendent of the school corporation.
337	337	24 (b) The superintendent of a school corporation, presiding officer of
338	338	25 the governing body, or equivalent authority for a nonpublic school shall
339	339	26 immediately notify the secretary of education when the individual
340	340	27 knows that a current or former licensed employee of the public school
341	341	28 or nonpublic school has been convicted of an offense listed in
342	342	29 subsection (c), or when the governing body or equivalent authority for
343	343	30 a nonpublic school takes any final action in relation to an employee
344	344	31 who engaged in any offense listed in subsection (c).
345	345	32 (c) Except as provided in section 8.5 of this chapter, the department
346	346	33 shall permanently revoke the license of a person who is known by the
347	347	34 department to have been convicted of any of the following:
348	348	35 (1) The following felonies:
349	349	36 (A) A sex crime under IC 35-42-4 (including criminal deviate
350	350	37 conduct (IC 35-42-4-2) (before its repeal)).
351	351	38 (B) Kidnapping (IC 35-42-3-2).
352	352	39 (C) Criminal confinement (IC 35-42-3-3).
353	353	40 (D) Incest (IC 35-46-1-3).
354	354	41 (E) Dealing in or manufacturing cocaine or a narcotic drug (IC
355	355	42 35-48-4-1).
356	356	2024 IN 1256—LS 6280/DI 151 9
357	357	1 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
358	358	2 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
359	359	3 (H) Dealing in a schedule I, II, or III controlled substance (IC
360	360	4 35-48-4-2).
361	361	5 (I) Dealing in a schedule IV controlled substance (IC
362	362	6 35-48-4-3).
363	363	7 (J) Dealing in a schedule V controlled substance (IC
364	364	8 35-48-4-4).
365	365	9 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
366	366	10 (L) Dealing in marijuana, hash oil, hashish, or salvia as a
367	367	11 felony (IC 35-48-4-10).
368	368	12 (M) An offense under IC 35-48-4 involving the manufacture
369	369	13 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
370	370	14 synthetic drug lookalike substance (as defined in
371	371	15 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
372	372	16 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
373	373	17 controlled substance analog (as defined in IC 35-48-1-9.3), or
374	374	18 a substance represented to be a controlled substance (as
375	375	19 described in IC 35-48-4-4.6).
376	376	20 (N) Homicide (IC 35-42-1).
377	377	21 (O) Voluntary manslaughter (IC 35-42-1-3).
378	378	22 (P) Reckless homicide (IC 35-42-1-5).
379	379	23 (Q) Battery as any of the following:
380	380	24 (i) A Class A felony (for a crime committed before July 1,
381	381	25 2014) or a Level 2 felony (for a crime committed after June
382	382	26 30, 2014).
383	383	27 (ii) A Class B felony (for a crime committed before July 1,
384	384	28 2014) or a Level 3 felony (for a crime committed after June
385	385	29 30, 2014).
386	386	30 (iii) A Class C felony (for a crime committed before July 1,
387	387	31 2014) or a Level 5 felony (for a crime committed after June
388	388	32 30, 2014).
389	389	33 (R) Aggravated battery (IC 35-42-2-1.5).
390	390	34 (S) Robbery (IC 35-42-5-1).
391	391	35 (T) Carjacking (IC 35-42-5-2) (before its repeal). (IC
392	392	36 35-42-5-3).
393	393	37 (U) Arson as a Class A felony or Class B felony (for a crime
394	394	38 committed before July 1, 2014) or as a Level 2, Level 3, or
395	395	39 Level 4 felony (for a crime committed after June 30, 2014) (IC
396	396	40 35-43-1-1(a)).
397	397	41 (V) Burglary as a Class A felony or Class B felony (for a crime
398	398	42 committed before July 1, 2014) or as a Level 1, Level 2, Level
399	399	2024 IN 1256—LS 6280/DI 151 10
400	400	1 3, or Level 4 felony (for a crime committed after June 30,
401	401	2 2014) (IC 35-43-2-1).
402	402	3 (W) Human trafficking (IC 35-42-3.5).
403	403	4 (X) Dealing in a controlled substance resulting in death (IC
404	404	5 35-42-1-1.5).
405	405	6 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
406	406	7 this subsection.
407	407	8 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
408	408	9 in this subsection.
409	409	10 (2) Public indecency (IC 35-45-4-1) committed:
410	410	11 (A) after June 30, 2003; or
411	411	12 (B) before July 1, 2003, if the person committed the offense
412	412	13 by, in a public place:
413	413	14 (i) engaging in sexual intercourse or other sexual conduct
414	414	15 (as defined in IC 35-31.5-2-221.5);
415	415	16 (ii) appearing in a state of nudity with the intent to arouse
416	416	17 the sexual desires of the person or another person, or being
417	417	18 at least eighteen (18) years of age, with the intent to be seen
418	418	19 by a child less than sixteen (16) years of age; or
419	419	20 (iii) fondling the person's genitals or the genitals of another
420	420	21 person.
421	421	22 (d) The department shall permanently revoke the license of a person
422	422	23 who is known by the department to have been convicted of a federal
423	423	24 offense or an offense in another state that is comparable to a felony or
424	424	25 misdemeanor listed in subsection (c).
425	425	26 (e) A license may be suspended by the secretary of education as
426	426	27 specified in IC 20-28-7.5.
427	427	28 (f) The department shall develop a data base of information on
428	428	29 school corporation employees who have been reported to the
429	429	30 department under this section.
430	430	31 (g) Upon receipt of information from the office of judicial
431	431	32 administration in accordance with IC 33-24-6-3 concerning persons
432	432	33 convicted of an offense listed in subsection (c), the department shall:
433	433	34 (1) cross check the information received from the office of
434	434	35 judicial administration with information concerning licensed
435	435	36 teachers (as defined in IC 20-18-2-22(b)) maintained by the
436	436	37 department; and
437	437	38 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
438	438	39 convicted of an offense described in subsection (c), revoke the
439	439	40 licensed teacher's license.
440	440	41 SECTION 5. IC 31-30-1-4, AS AMENDED BY P.L.115-2023,
441	441	42 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
442	442	2024 IN 1256—LS 6280/DI 151 11
443	443	1 JULY 1, 2024]: Sec. 4. (a) The juvenile court does not have jurisdiction
444	444	2 over an individual for an alleged violation of:
445	445	3 (1) IC 35-41-5-1(a) (attempted murder);
446	446	4 (2) IC 35-42-1-1 (murder);
447	447	5 (3) IC 35-42-3-2 (kidnapping);
448	448	6 (4) IC 35-42-4-1 (rape);
449	449	7 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
450	450	8 (6) IC 35-42-5-1 (robbery) if:
451	451	9 (A) the robbery was committed while armed with a deadly
452	452	10 weapon; or
453	453	11 (B) the robbery results in bodily injury or serious bodily
454	454	12 injury;
455	455	13 (7) IC 35-42-5-2 IC 35-42-5-3 (carjacking); (before its repeal);
456	456	14 (8) IC 35-47-2-1.5 (unlawful carrying of a handgun), if charged
457	457	15 as a felony;
458	458	16 (9) IC 35-47-10 (children and firearms), if charged as a felony; or
459	459	17 (10) any offense that may be joined under IC 35-34-1-9(a)(2) with
460	460	18 any crime listed in this subsection;
461	461	19 if the individual was at least sixteen (16) years of age but less than
462	462	20 eighteen (18) years of age at the time of the alleged violation.
463	463	21 (b) Once an individual described in subsection (a) has been charged
464	464	22 with any offense listed in subsection (a), the court having adult
465	465	23 criminal jurisdiction shall retain jurisdiction over the case if the
466	466	24 individual pleads guilty to or is convicted of any offense listed in
467	467	25 subsection (a)(1) through (a)(9).
468	468	26 (c) If:
469	469	27 (1) an individual described in subsection (a) is charged with one
470	470	28 (1) or more offenses listed in subsection (a);
471	471	29 (2) all the charges under subsection (a)(1) through (a)(9) resulted
472	472	30 in an acquittal or were dismissed; and
473	473	31 (3) the individual pleads guilty to or is convicted of any offense
474	474	32 other than an offense listed in subsection (a)(1) through (a)(9);
475	475	33 the court having adult criminal jurisdiction may withhold judgment and
476	476	34 transfer jurisdiction to the juvenile court for adjudication and
477	477	35 disposition. In determining whether to transfer jurisdiction to the
478	478	36 juvenile court for adjudication and disposition, the court having adult
479	479	37 criminal jurisdiction shall consider whether there are appropriate
480	480	38 services available in the juvenile justice system, whether the child is
481	481	39 amenable to rehabilitation under the juvenile justice system, and
482	482	40 whether it is in the best interests of the safety and welfare of the
483	483	41 community that the child be transferred to juvenile court. All orders
484	484	42 concerning release conditions remain in effect until a juvenile court
485	485	2024 IN 1256—LS 6280/DI 151 12
486	486	1 detention hearing, which must be held not later than forty-eight (48)
487	487	2 hours, excluding Saturdays, Sundays, and legal holidays, after the order
488	488	3 of transfer of jurisdiction.
489	489	4 (d) A court having adult criminal jurisdiction, and not a juvenile
490	490	5 court, has jurisdiction over a person who is at least twenty-one (21)
491	491	6 years of age for an alleged offense:
492	492	7 (1) committed while the person was a child; and
493	493	8 (2) that could have been waived under IC 31-30-3.
494	494	9 SECTION 6. IC 31-30-4-5, AS AMENDED BY P.L.168-2014,
495	495	10 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
496	496	11 JULY 1, 2024]: Sec. 5. (a) At the request of a sentencing court, the
497	497	12 department of correction shall provide a progress report to the
498	498	13 sentencing court concerning an offender sentenced and placed in a
499	499	14 juvenile facility under section 2(b) of this chapter. When the offender
500	500	15 becomes eighteen (18) years of age:
501	501	16 (1) the department shall notify the sentencing court; and
502	502	17 (2) the sentencing court shall hold a review hearing concerning
503	503	18 the offender before the offender becomes nineteen (19) years of
504	504	19 age.
505	505	20 (b) Except as provided in subsection (c), after a hearing conducted
506	506	21 under subsection (a), the sentencing court may:
507	507	22 (1) continue the offender's placement in a juvenile facility until
508	508	23 the objectives of the sentence imposed on the offender have been
509	509	24 met, if the sentencing court finds that the objectives of the
510	510	25 sentence imposed on the offender have not been met;
511	511	26 (2) discharge the offender if the sentencing court finds that the
512	512	27 objectives of the sentence imposed on the offender have been
513	513	28 met;
514	514	29 (3) order execution of all or part of the offender's suspended
515	515	30 criminal sentence in an adult facility of the department of
516	516	31 correction; or
517	517	32 (4) place the offender:
518	518	33 (A) in home detention under IC 35-38-2.5;
519	519	34 (B) in a community corrections program under IC 35-38-2.6;
520	520	35 (C) on probation under IC 35-50-7; or
521	521	36 (D) in any other appropriate alternative sentencing program.
522	522	37 (c) This subsection applies to an offender over whom a juvenile
523	523	38 court lacks jurisdiction under IC 31-30-1-4 who is convicted of one (1)
524	524	39 or more of the following offenses:
525	525	40 (1) Murder (IC 35-42-1-1).
526	526	41 (2) Attempted murder (IC 35-41-5-1).
527	527	42 (3) Kidnapping (IC 35-42-3-2).
528	528	2024 IN 1256—LS 6280/DI 151 13
529	529	1 (4) Rape as a Class A felony (for a crime committed before July
530	530	2 1, 2014) or a Level 1 felony (for a crime committed after June 30,
531	531	3 2014) (IC 35-42-4-1(b)).
532	532	4 (5) Criminal deviate conduct as a Class A felony (IC
533	533	5 35-42-4-2(b)) (before its repeal).
534	534	6 (6) Robbery as a Class A felony (for a crime committed before
535	535	7 July 1, 2014) or a Level 2 felony (for a crime committed after
536	536	8 June 30, 2014) (IC 35-42-5-1), if:
537	537	9 (A) the offense was committed while armed with a deadly
538	538	10 weapon; and
539	539	11 (B) the offense resulted in bodily injury to any person other
540	540	12 than a defendant.
541	541	13 (7) Carjacking (IC 35-42-5-3).
542	542	14 The court may not modify the original sentence of an offender to whom
543	543	15 this subsection applies if the prosecuting attorney objects in writing to
544	544	16 the modification. The prosecuting attorney shall set forth in writing the
545	545	17 prosecuting attorney's reasons for objecting to the sentence
546	546	18 modification.
547	547	19 SECTION 7. IC 31-37-4-3, AS AMENDED BY P.L.205-2023,
548	548	20 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
549	549	21 JULY 1, 2024]: Sec. 3. (a) This section applies if a child is arrested or
550	550	22 taken into custody for allegedly committing an act that would be any of
551	551	23 the following crimes if committed by an adult:
552	552	24 (1) Murder (IC 35-42-1-1).
553	553	25 (2) Attempted murder (IC 35-41-5-1).
554	554	26 (3) Voluntary manslaughter (IC 35-42-1-3).
555	555	27 (4) Involuntary manslaughter (IC 35-42-1-4).
556	556	28 (5) Reckless homicide (IC 35-42-1-5).
557	557	29 (6) Aggravated battery (IC 35-42-2-1.5).
558	558	30 (7) Battery (IC 35-42-2-1).
559	559	31 (8) Kidnapping (IC 35-42-3-2).
560	560	32 (9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
561	561	33 (10) Sexual misconduct with a minor (IC 35-42-4-9).
562	562	34 (11) Incest (IC 35-46-1-3).
563	563	35 (12) Robbery as a Level 2 felony or a Level 3 felony (IC
564	564	36 35-42-5-1).
565	565	37 (13) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
566	566	38 or Level 4 felony (IC 35-43-2-1).
567	567	39 (14) Assisting a criminal as a Level 5 felony (IC 35-44.1-2-5).
568	568	40 (15) Escape (IC 35-44.1-3-4) as a Level 4 felony or Level 5
569	569	41 felony.
570	570	42 (16) Trafficking with an inmate as a Level 5 felony (IC
571	571	2024 IN 1256—LS 6280/DI 151 14
572	572	1 35-44.1-3-5).
573	573	2 (17) Causing death or catastrophic injury when operating a
574	574	3 vehicle (IC 9-30-5-5).
575	575	4 (18) Criminal confinement (IC 35-42-3-3) as a Level 2 or Level
576	576	5 3 felony.
577	577	6 (19) Arson (IC 35-43-1-1) as a Level 2 felony, Level 3 felony, or
578	578	7 Level 4 felony.
579	579	8 (20) Possession, use, or manufacture of a weapon of mass
580	580	9 destruction (IC 35-47-12-1) (before its repeal).
581	581	10 (21) Terroristic mischief (IC 35-47-12-3) as a Level 2 or Level 3
582	582	11 felony (before its repeal).
583	583	12 (22) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
584	584	13 (23) A violation of IC 35-47.5 (controlled explosives) as a Level
585	585	14 2 felony, Level 3 felony, or Level 4 felony.
586	586	15 (24) A controlled substances offense under IC 35-48.
587	587	16 (25) A criminal organization offense under IC 35-45-9.
588	588	17 (26) Domestic battery (IC 35-42-2-1.3).
589	589	18 (27) A felony terrorist offense (as defined in IC 35-50-2-18).
590	590	19 (28) Carjacking as a Level 2 felony or a Level 3 felony (IC
591	591	20 35-42-5-3).
592	592	21 (b) If a child is taken into custody under this chapter for a crime or
593	593	22 act listed in subsection (a) or a situation to which IC 12-26-5-1 applies,
594	594	23 the law enforcement agency that employs the law enforcement officer
595	595	24 who takes the child into custody shall notify the chief administrative
596	596	25 officer of the primary or secondary school, including a public or
597	597	26 nonpublic school, in which the child is enrolled or, if the child is
598	598	27 enrolled in a public school, the superintendent of the school district in
599	599	28 which the child is enrolled:
600	600	29 (1) that the child was taken into custody; and
601	601	30 (2) of the reason why the child was taken into custody.
602	602	31 (c) The notification under subsection (b) must occur within
603	603	32 forty-eight (48) hours after the child is taken into custody.
604	604	33 (d) A law enforcement agency may not disclose information that is
605	605	34 confidential under state or federal law to a school or school district
606	606	35 under this section.
607	607	36 (e) A law enforcement agency shall include in its training for law
608	608	37 enforcement officers training concerning the notification requirements
609	609	38 under subsection (b).
610	610	39 SECTION 8. IC 31-37-19-9, AS AMENDED BY P.L.214-2013,
611	611	40 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
612	612	41 JULY 1, 2024]: Sec. 9. (a) This section applies if a child is a delinquent
613	613	42 child under IC 31-37-1.
614	614	2024 IN 1256—LS 6280/DI 151 15
615	615	1 (b) After a juvenile court makes a determination under IC 11-8-8-5,
616	616	2 the juvenile court may, in addition to an order under section 6 of this
617	617	3 chapter, and if the child:
618	618	4 (1) is at least thirteen (13) years of age and less than sixteen (16)
619	619	5 years of age; and
620	620	6 (2) committed an act that, if committed by an adult, would be:
621	621	7 (A) murder (IC 35-42-1-1);
622	622	8 (B) kidnapping (IC 35-42-3-2);
623	623	9 (C) rape (IC 35-42-4-1);
624	624	10 (D) criminal deviate conduct (IC 35-42-4-2) (repealed); or
625	625	11 (E) robbery (IC 35-42-5-1) if the robbery was committed while
626	626	12 armed with a deadly weapon or if the robbery resulted in
627	627	13 bodily injury or serious bodily injury; or
628	628	14 (F) carjacking as a Level 2 felony or Level 3 felony (IC
629	629	15 35-42-5-3);
630	630	16 order wardship of the child to the department of correction for a fixed
631	631	17 period that is not longer than the date the child becomes eighteen (18)
632	632	18 years of age, subject to IC 11-10-2-10.
633	633	19 (c) Notwithstanding IC 11-10-2-5, the department of correction may
634	634	20 not reduce the period ordered under this section (or
635	635	21 IC 31-6-4-15.9(b)(8) before its repeal).
636	636	22 SECTION 9. IC 35-31.5-2-91, AS AMENDED BY P.L.142-2020,
637	637	23 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
638	638	24 JULY 1, 2024]: Sec. 91. "Designated offense", for purposes of
639	639	25 IC 35-33.5, means the following:
640	640	26 (1) A Class A, Class B, or Class C felony, for a crime committed
641	641	27 before July 1, 2014, or a Level 1, Level 2, Level 3, Level 4, or
642	642	28 Level 5 felony, for a crime committed after June 30, 2014, that is
643	643	29 a controlled substance offense (IC 35-48-4).
644	644	30 (2) Murder (IC 35-42-1-1).
645	645	31 (3) Kidnapping (IC 35-42-3-2).
646	646	32 (4) Criminal confinement (IC 35-42-3-3).
647	647	33 (5) Robbery (IC 35-42-5-1).
648	648	34 (6) Arson (IC 35-43-1-1).
649	649	35 (7) Child solicitation (IC 35-42-4-6).
650	650	36 (8) Human and sexual trafficking crimes under IC 35-42-3.5.
651	651	37 (9) Escape as a Class B felony or Class C felony, for a crime
652	652	38 committed before July 1, 2014, or a Level 4 felony or Level 5
653	653	39 felony, for a crime committed after June 30, 2014 (IC
654	654	40 35-44.1-3-4).
655	655	41 (10) An offense that relates to a weapon of mass destruction (as
656	656	42 defined in section 354 of this chapter).
657	657	2024 IN 1256—LS 6280/DI 151 16
658	658	1 (11) Carjacking (IC 35-42-5-3).
659	659	2 SECTION 10. IC 35-33-1-1, AS AMENDED BY P.L.112-2023,
660	660	3 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
661	661	4 JULY 1, 2024]: Sec. 1. (a) A law enforcement officer may arrest a
662	662	5 person when the officer has:
663	663	6 (1) a warrant commanding that the person be arrested;
664	664	7 (2) probable cause to believe the person has committed or
665	665	8 attempted to commit, or is committing or attempting to commit,
666	666	9 a felony;
667	667	10 (3) probable cause to believe the person has violated the
668	668	11 provisions of IC 9-26-1-1.1 or IC 9-30-5;
669	669	12 (4) probable cause to believe the person is committing or
670	670	13 attempting to commit a misdemeanor in the officer's presence;
671	671	14 (5) probable cause to believe the person has committed a:
672	672	15 (A) battery resulting in bodily injury under IC 35-42-2-1; or
673	673	16 (B) domestic battery under IC 35-42-2-1.3.
674	674	17 The officer may use an affidavit executed by an individual alleged
675	675	18 to have direct knowledge of the incident alleging the elements of
676	676	19 the offense of battery to establish probable cause;
677	677	20 (6) probable cause to believe that the person violated
678	678	21 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
679	679	22 (7) probable cause to believe that the person violated
680	680	23 IC 35-47-2-1.5 (unlawful carrying of a handgun) or IC 35-47-2-22
681	681	24 (counterfeit handgun license);
682	682	25 (8) probable cause to believe that the person is violating or has
683	683	26 violated an order issued under IC 35-50-7;
684	684	27 (9) probable cause to believe that the person is violating or has
685	685	28 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
686	686	29 device);
687	687	30 (10) probable cause to believe that the person is:
688	688	31 (A) violating or has violated IC 35-45-2-5 (interference with
689	689	32 the reporting of a crime); and
690	690	33 (B) interfering with or preventing the reporting of a crime
691	691	34 involving domestic or family violence (as defined in
692	692	35 IC 34-6-2-34.5);
693	693	36 (11) probable cause to believe that the person has committed theft
694	694	37 (IC 35-43-4-2);
695	695	38 (12) probable cause to believe that the person has committed
696	696	39 auto theft (IC 35-43-4-2.1);
697	697	40 (12) (13) a removal order issued for the person by an immigration
698	698	41 court;
699	699	42 (13) (14) a detainer or notice of action for the person issued by the
700	700	2024 IN 1256—LS 6280/DI 151 17
701	701	1 United States Department of Homeland Security; or
702	702	2 (14) (15) probable cause to believe that the person has been
703	703	3 indicted for or convicted of one (1) or more aggravated felonies
704	704	4 (as defined in 8 U.S.C. 1101(a)(43)).
705	705	5 (b) A person who:
706	706	6 (1) is employed full time as a federal enforcement officer;
707	707	7 (2) is empowered to effect an arrest with or without warrant for a
708	708	8 violation of the United States Code; and
709	709	9 (3) is authorized to carry firearms in the performance of the
710	710	10 person's duties;
711	711	11 may act as an officer for the arrest of offenders against the laws of this
712	712	12 state where the person reasonably believes that a felony has been or is
713	713	13 about to be committed or attempted in the person's presence.
714	714	14 (c) A law enforcement officer who arrests a child or takes a child
715	715	15 into custody as described in IC 31-37-4-3.5 shall make a reasonable
716	716	16 attempt to notify:
717	717	17 (1) the child's parent, guardian, or custodian; or
718	718	18 (2) the emergency contact listed on the child's school record;
719	719	19 that the child has been arrested or taken into custody.
720	720	20 SECTION 11. IC 35-38-2.6-1, AS AMENDED BY P.L.72-2023,
721	721	21 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
722	722	22 JULY 1, 2024]: Sec. 1. This chapter does not apply to persons
723	723	23 convicted of any of the following offenses whenever any part of the
724	724	24 sentence may not be suspended under IC 35-50-2-2.2:
725	725	25 (1) Sex crimes under IC 35-42-4 or IC 35-46-1-3.
726	726	26 (2) A Level 1 felony.
727	727	27 (3) Any of the following felonies:
728	728	28 (A) Murder (IC 35-42-1-1).
729	729	29 (B) A battery offense included in IC 35-42-2 with a deadly
730	730	30 weapon or causing death.
731	731	31 (C) Kidnapping (IC 35-42-3-2).
732	732	32 (D) Criminal confinement (IC 35-42-3-3) with a deadly
733	733	33 weapon.
734	734	34 (E) Robbery (IC 35-42-5-1) resulting in serious bodily injury
735	735	35 or with a deadly weapon.
736	736	36 (F) Arson (IC 35-43-1-1) for hire resulting in serious bodily
737	737	37 injury.
738	738	38 (G) Burglary (IC 35-43-2-1) resulting in serious bodily injury.
739	739	39 (H) Resisting law enforcement (IC 35-44.1-3-1) with a deadly
740	740	40 weapon.
741	741	41 (I) Aggravated battery (IC 35-42-2-1.5).
742	742	42 (J) Disarming a law enforcement officer (IC 35-44.1-3-2).
743	743	2024 IN 1256—LS 6280/DI 151 18
744	744	1 (K) A sentence for a crime that is enhanced by criminal
745	745	2 organization (IC 35-50-2-15).
746	746	3 (L) Carjacking as a Level 2 felony or Level 3 felony (IC
747	747	4 35-42-5-3).
748	748	5 SECTION 12. IC 35-42-1-1, AS AMENDED BY P.L.215-2018(ss),
749	749	6 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
750	750	7 JULY 1, 2024]: Sec. 1. A person who:
751	751	8 (1) knowingly or intentionally kills another human being;
752	752	9 (2) kills another human being while committing or attempting to
753	753	10 commit arson, burglary, child molesting, consumer product
754	754	11 tampering, criminal deviate conduct (under IC 35-42-4-2 before
755	755	12 its repeal), kidnapping, rape, robbery, human trafficking,
756	756	13 promotion of human labor trafficking, promotion of human sexual
757	757	14 trafficking, promotion of child sexual trafficking, promotion of
758	758	15 sexual trafficking of a younger child, child sexual trafficking, or
759	759	16 carjacking; (before its repeal);
760	760	17 (3) kills another human being while committing or attempting to
761	761	18 commit:
762	762	19 (A) dealing in or manufacturing cocaine or a narcotic drug (IC
763	763	20 35-48-4-1);
764	764	21 (B) dealing in methamphetamine (IC 35-48-4-1.1);
765	765	22 (C) manufacturing methamphetamine (IC 35-48-4-1.2);
766	766	23 (D) dealing in a schedule I, II, or III controlled substance (IC
767	767	24 35-48-4-2);
768	768	25 (E) dealing in a schedule IV controlled substance (IC
769	769	26 35-48-4-3); or
770	770	27 (F) dealing in a schedule V controlled substance; or
771	771	28 (4) except as provided in section 6.5 of this chapter, knowingly or
772	772	29 intentionally kills a fetus in any stage of development;
773	773	30 commits murder, a felony.
774	774	31 SECTION 13. IC 35-42-5-3 IS ADDED TO THE INDIANA CODE
775	775	32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
776	776	33 1, 2024]: Sec. 3. (a) A person who knowingly or intentionally takes
777	777	34 a motor vehicle from another person or from the presence of
778	778	35 another person:
779	779	36 (1) by using or threatening the use of force on any person; or
780	780	37 (2) by putting any person in fear;
781	781	38 commits carjacking, a Level 4 felony.
782	782	39 (b) However, the offense under subsection (a) is:
783	783	40 (1) a Level 3 felony if it is committed while armed with a
784	784	41 deadly weapon or results in bodily injury to any person other
785	785	42 than the defendant; and
786	786	2024 IN 1256—LS 6280/DI 151 19
787	787	1 (2) a Level 2 felony if it results in serious bodily injury to any
788	788	2 person other than the defendant.
789	789	3 SECTION 14. IC 35-43-4-2, AS AMENDED BY P.L.175-2022,
790	790	4 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
791	791	5 JULY 1, 2024]: Sec. 2. (a) A person who knowingly or intentionally
792	792	6 exerts unauthorized control over property of another person, with intent
793	793	7 to deprive the other person of any part of its value or use, commits
794	794	8 theft, a Class A misdemeanor. However, the offense is:
795	795	9 (1) a Level 6 felony if:
796	796	10 (A) the value of the property is at least seven hundred fifty
797	797	11 dollars ($750) and less than fifty thousand dollars ($50,000);
798	798	12 or
799	799	13 (B) the property is a:
800	800	14 (i) motor vehicle (as defined in IC 9-13-2-105(a)); or
801	801	15 (ii) component part (as defined in IC 9-13-2-34) of a motor
802	802	16 vehicle; or
803	803	17 (C) (B) the person has a prior unrelated conviction for:
804	804	18 (i) theft under this section;
805	805	19 (ii) criminal conversion under section 3 of this chapter;
806	806	20 (iii) robbery under IC 35-42-5-1; or
807	807	21 (iv) burglary under IC 35-43-2-1;
808	808	22 (2) a Level 5 felony if:
809	809	23 (A) the value of the property is at least fifty thousand dollars
810	810	24 ($50,000); or
811	811	25 (B) the property that is the subject of the theft is a valuable
812	812	26 metal (as defined in IC 25-37.5-1-1) and:
813	813	27 (i) relates to transportation safety;
814	814	28 (ii) relates to public safety; or
815	815	29 (iii) is taken from a hospital or other health care facility,
816	816	30 telecommunications provider, public utility (as defined in
817	817	31 IC 32-24-1-5.9(a)), or critical infrastructure facility;
818	818	32 and the absence of the property creates a substantial risk of
819	819	33 bodily injury to a person; or and
820	820	34 (C) the property is a:
821	821	35 (i) motor vehicle (as defined in IC 9-13-2-105(a)); or
822	822	36 (ii) component part (as defined in IC 9-13-2-34) of a motor
823	823	37 vehicle; and
824	824	38 the person has a prior unrelated conviction for theft of a motor
825	825	39 vehicle (as defined in IC 9-13-2-105(a)) or theft of a
826	826	40 component part (as defined in IC 9-13-2-34); and
827	827	41 (3) a Level 5 felony if the property is a firearm.
828	828	42 (b) For purposes of this section, "the value of property" means:
829	829	2024 IN 1256—LS 6280/DI 151 20
830	830	1 (1) the fair market value of the property at the time and place the
831	831	2 offense was committed; or
832	832	3 (2) if the fair market value of the property cannot be satisfactorily
833	833	4 determined, the cost to replace the property within a reasonable
834	834	5 time after the offense was committed.
835	835	6 A price tag or price marking on property displayed or offered for sale
836	836	7 constitutes prima facie evidence of the value of the property.
837	837	8 (c) If the offense described in subsection (a) is committed by a
838	838	9 public servant who exerted unauthorized control over public funds (as
839	839	10 defined by IC 5-22-2-23) from the public servant's employer, the
840	840	11 employer may be reimbursed in accordance with IC 2-3.5-4-11,
841	841	12 IC 2-3.5-5-9, IC 5-10-5.5-19, IC 5-10.3-8-9, IC 5-10.4-5-14,
842	842	13 IC 10-12-2-10, IC 33-38-6-19.5, IC 33-39-7-10.5, IC 36-8-6-14,
843	843	14 IC 36-8-7-22, IC 36-8-7.5-19, or IC 36-8-8-17.
844	844	15 SECTION 15. IC 35-43-4-2.1 IS ADDED TO THE INDIANA
845	845	16 CODE AS A NEW SECTION TO READ AS FOLLOWS
846	846	17 [EFFECTIVE JULY 1, 2024]: Sec. 2.1. (a) As used in this section,
847	847	18 "motor vehicle" has the meaning set forth in IC 9-13-2-105(a).
848	848	19 (b) A person who knowingly or intentionally exerts
849	849	20 unauthorized control over the motor vehicle of another person,
850	850	21 with intent to deprive the owner of:
851	851	22 (1) the motor vehicle's value or use; or
852	852	23 (2) a component part (as defined in IC 9-13-2-34) of the motor
853	853	24 vehicle;
854	854	25 commits auto theft, a Level 5 felony.
855	855	26 (c) However, the offense under subsection (b) is a Level 4 felony
856	856	27 if:
857	857	28 (1) the person has a prior conviction of an offense under
858	858	29 subsection (b);
859	859	30 (2) the person has a prior conviction of an offense under
860	860	31 subsection (d); or
861	861	32 (3) the aggregate fair market value of the motor vehicle or
862	862	33 component parts exceeds fifty thousand dollars ($50,000).
863	863	34 (d) A person who knowingly or intentionally receives, retains,
864	864	35 or disposes of a motor vehicle or any component part of a motor
865	865	36 vehicle of another person that has been the subject of theft commits
866	866	37 receiving stolen auto parts, a Level 5 felony. However, the offense
867	867	38 is a Level 4 felony if the person has a prior conviction of an offense
868	868	39 under this subsection or subsection (b).
869	869	40 SECTION 16. IC 35-43-5-4.8, AS ADDED BY P.L.194-2023,
870	870	41 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
871	871	42 JULY 1, 2024]: Sec. 4.8. (a) The following definitions apply
872	872	2024 IN 1256—LS 6280/DI 151 21
873	873	1 throughout this section:
874	874	2 (1) "Automated sales suppression device" means a software
875	875	3 program:
876	876	4 (A) carried on a memory stick or removable compact disc;
877	877	5 (B) accessed through an Internet link; or
878	878	6 (C) accessed through any other means;
879	879	7 that falsifies the electronic records of electronic cash registers and
880	880	8 other point of sale systems, including transaction data and
881	881	9 transaction reports.
882	882	10 (2) "Electronic cash register" means a device that keeps a register
883	883	11 or supporting documents through the means of an electronic
884	884	12 device or a computer system designed to record transaction data
885	885	13 for the purpose of computing, compiling, or processing retail sales
886	886	14 transaction data in any manner.
887	887	15 (3) "Phantom-ware" means a hidden, a preinstalled, or an installed
888	888	16 at a later time programming option embedded in the operating
889	889	17 system of an electronic cash register, or hardwired into the
890	890	18 electronic cash register that:
891	891	19 (A) can be used to create a virtual second till; or
892	892	20 (B) may eliminate or manipulate transaction records that may
893	893	21 or may not be preserved in digital formats to represent the true
894	894	22 or manipulated record of transactions in the electronic cash
895	895	23 register.
896	896	24 (4) "Transaction data" includes information regarding:
897	897	25 (A) items purchased by a customer;
898	898	26 (B) the price for each item;
899	899	27 (C) a taxability determination for each item;
900	900	28 (D) a segregated tax amount for each of the taxed items;
901	901	29 (E) the amount of cash or credit tendered;
902	902	30 (F) the net amount returned to the customer in change;
903	903	31 (G) the date and time of the purchase;
904	904	32 (H) the name, address, and identification number of the
905	905	33 vendor; and
906	906	34 (I) the receipt or invoice number of the transaction.
907	907	35 (5) "Transaction report" means:
908	908	36 (A) a report that includes:
909	909	37 (i) the sales;
910	910	38 (ii) taxes collected;
911	911	39 (iii) media totals; and
912	912	40 (iv) discount voids;
913	913	41 at an electronic cash register that is printed on cash register
914	914	42 tape at the end of a day or shift; or
915	915	2024 IN 1256—LS 6280/DI 151 22
916	916	1 (B) a report documenting every action at an electronic cash
917	917	2 register that is stored electronically.
918	918	3 (6) "Zapper" refers to an automated sales suppression device.
919	919	4 (b) A person who knowingly or intentionally sells, purchases,
920	920	5 installs, transfers, or possesses:
921	921	6 (1) an automated sales suppression device or a zapper; or
922	922	7 (2) phantom-ware;
923	923	8 after June 30, 2023, commits unlawful sale or possession of a
924	924	9 transaction manipulation device, a Class A misdemeanor, except as
925	925	10 provided in subsection (c).
926	926	11 (c) The offense under subsection (b) is:
927	927	12 (1) a Level 6 felony if:
928	928	13 (A) the pecuniary loss caused by the offense is at least seven
929	929	14 hundred fifty dollars ($750) and less than fifty thousand
930	930	15 dollars ($50,000); or
931	931	16 (B) the person has a prior unrelated conviction for:
932	932	17 (i) a violation of this section;
933	933	18 (ii) theft under IC 35-43-4-2;
934	934	19 (iii) criminal conversion under IC 35-43-4-3;
935	935	20 (iv) robbery under IC 35-42-5-1; or
936	936	21 (v) carjacking under IC 35-42-5-3;
937	937	22 (vi) auto theft under IC 35-43-4-2.1; or
938	938	23 (v) (vii) burglary under IC 35-43-2-1; and
939	939	24 (2) a Level 5 felony if the pecuniary loss caused by the offense is
940	940	25 at least fifty thousand dollars ($50,000).
941	941	26 SECTION 17. IC 35-45-6-1, AS AMENDED BY P.L.185-2023,
942	942	27 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
943	943	28 JULY 1, 2024]: Sec. 1. (a) The definitions in this section apply
944	944	29 throughout this chapter.
945	945	30 (b) "Documentary material" means any document, drawing,
946	946	31 photograph, recording, or other tangible item containing compiled data
947	947	32 from which information can be either obtained or translated into a
948	948	33 usable form.
949	949	34 (c) "Enterprise" means:
950	950	35 (1) a sole proprietorship, corporation, limited liability company,
951	951	36 partnership, business trust, or governmental entity; or
952	952	37 (2) a union, an association, or a group, whether a legal entity or
953	953	38 merely associated in fact.
954	954	39 (d) "Pattern of racketeering activity" means engaging in at least two
955	955	40 (2) incidents of racketeering activity that have the same or similar
956	956	41 intent, result, accomplice, victim, or method of commission, or that are
957	957	42 otherwise interrelated by distinguishing characteristics that are not
958	958	2024 IN 1256—LS 6280/DI 151 23
959	959	1 isolated incidents. However, the incidents are a pattern of racketeering
960	960	2 activity only if at least one (1) of the incidents occurred after August
961	961	3 31, 1980, and if the last of the incidents occurred within five (5) years
962	962	4 after a prior incident of racketeering activity.
963	963	5 (e) "Racketeering activity" means to commit, to attempt to commit,
964	964	6 to conspire to commit a violation of, or aiding and abetting in a
965	965	7 violation of any of the following:
966	966	8 (1) A provision of IC 23-19, or of a rule or order issued under
967	967	9 IC 23-19.
968	968	10 (2) A violation of IC 35-45-9.
969	969	11 (3) A violation of IC 35-47.
970	970	12 (4) A violation of IC 35-49-3.
971	971	13 (5) Murder (IC 35-42-1-1).
972	972	14 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
973	973	15 felony after June 30, 2014 (IC 35-42-2-1).
974	974	16 (7) Kidnapping (IC 35-42-3-2).
975	975	17 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
976	976	18 (9) Child exploitation (IC 35-42-4-4).
977	977	19 (10) Robbery (IC 35-42-5-1).
978	978	20 (11) Carjacking (IC 35-42-5-2) (before its repeal). (IC
979	979	21 35-42-5-3).
980	980	22 (12) Arson (IC 35-43-1-1).
981	981	23 (13) Burglary (IC 35-43-2-1).
982	982	24 (14) Theft (IC 35-43-4-2).
983	983	25 (15) Receiving stolen property (IC 35-43-4-2) (before its
984	984	26 amendment on July 1, 2018).
985	985	27 (16) Forgery (IC 35-43-5-2).
986	986	28 (17) An offense under IC 35-43-5.
987	987	29 (18) Bribery (IC 35-44.1-1-2).
988	988	30 (19) Official misconduct (IC 35-44.1-1-1).
989	989	31 (20) Conflict of interest (IC 35-44.1-1-4).
990	990	32 (21) Perjury (IC 35-44.1-2-1).
991	991	33 (22) Obstruction of justice (IC 35-44.1-2-2).
992	992	34 (23) Intimidation (IC 35-45-2-1).
993	993	35 (24) Promoting prostitution (IC 35-45-4-4).
994	994	36 (25) Professional gambling (IC 35-45-5-3).
995	995	37 (26) Maintaining a professional gambling site (IC
996	996	38 35-45-5-3.5(b)).
997	997	39 (27) Promoting professional gambling (IC 35-45-5-4).
998	998	40 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
999	999	41 35-48-4-1).
1000	1000	42 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
1001	1001	2024 IN 1256—LS 6280/DI 151 24
1002	1002	1 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
1003	1003	2 (31) Dealing in a schedule I, II, or III controlled substance (IC
1004	1004	3 35-48-4-2).
1005	1005	4 (32) Dealing in a schedule IV controlled substance (IC
1006	1006	5 35-48-4-3).
1007	1007	6 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
1008	1008	7 (34) Dealing in marijuana, hash oil, hashish, or salvia (IC
1009	1009	8 35-48-4-10).
1010	1010	9 (35) Money laundering (IC 35-45-15-5).
1011	1011	10 (36) A violation of IC 35-47.5-5.
1012	1012	11 (37) A violation of any of the following:
1013	1013	12 (A) IC 23-14-48-9.
1014	1014	13 (B) IC 30-2-9-7(b).
1015	1015	14 (C) IC 30-2-10-9(b).
1016	1016	15 (D) IC 30-2-13-38(f).
1017	1017	16 (38) Practice of law by a person who is not an attorney (IC
1018	1018	17 33-43-2-1).
1019	1019	18 (39) An offense listed in IC 35-48-4 involving the manufacture or
1020	1020	19 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
1021	1021	20 synthetic drug lookalike substance (as defined in
1022	1022	21 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
1023	1023	22 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
1024	1024	23 substance analog (as defined in IC 35-48-1-9.3), or a substance
1025	1025	24 represented to be a controlled substance (as described in
1026	1026	25 IC 35-48-4-4.6).
1027	1027	26 (40) Dealing in a controlled substance resulting in death (IC
1028	1028	27 35-42-1-1.5).
1029	1029	28 (41) Organized retail theft (IC 35-43-4-2.2).
1030	1030	29 (42) Auto theft (IC 35-43-4-2.1).
1031	1031	30 SECTION 18. IC 35-47-4-5, AS AMENDED BY P.L.28-2023,
1032	1032	31 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1033	1033	32 JULY 1, 2024]: Sec. 5. (a) As used in this section, "serious violent
1034	1034	33 felon" means a person who has been convicted of committing a serious
1035	1035	34 violent felony.
1036	1036	35 (b) As used in this section, "serious violent felony" means:
1037	1037	36 (1) murder (IC 35-42-1-1);
1038	1038	37 (2) attempted murder (IC 35-41-5-1);
1039	1039	38 (3) voluntary manslaughter (IC 35-42-1-3);
1040	1040	39 (4) reckless homicide not committed by means of a vehicle (IC
1041	1041	40 35-42-1-5);
1042	1042	41 (5) battery (IC 35-42-2-1) as a:
1043	1043	42 (A) Class A felony, Class B felony, or Class C felony, for a
1044	1044	2024 IN 1256—LS 6280/DI 151 25
1045	1045	1 crime committed before July 1, 2014; or
1046	1046	2 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
1047	1047	3 felony, for a crime committed after June 30, 2014;
1048	1048	4 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
1049	1049	5 3 felony, Level 4 felony, or Level 5 felony;
1050	1050	6 (7) aggravated battery (IC 35-42-2-1.5);
1051	1051	7 (8) strangulation (IC 35-42-2-9);
1052	1052	8 (9) kidnapping (IC 35-42-3-2);
1053	1053	9 (10) criminal confinement (IC 35-42-3-3);
1054	1054	10 (11) a human or sexual trafficking offense under IC 35-42-3.5;
1055	1055	11 (12) rape (IC 35-42-4-1);
1056	1056	12 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
1057	1057	13 (14) child molesting (IC 35-42-4-3);
1058	1058	14 (15) sexual battery (IC 35-42-4-8) as a:
1059	1059	15 (A) Class C felony, for a crime committed before July 1, 2014;
1060	1060	16 or
1061	1061	17 (B) Level 5 felony, for a crime committed after June 30, 2014;
1062	1062	18 (16) robbery (IC 35-42-5-1);
1063	1063	19 (17) carjacking (IC 5-42-5-2) (before its repeal); (IC 35-42-5-3);
1064	1064	20 (18) arson (IC 35-43-1-1(a)) as a:
1065	1065	21 (A) Class A felony or Class B felony, for a crime committed
1066	1066	22 before July 1, 2014; or
1067	1067	23 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
1068	1068	24 crime committed after June 30, 2014;
1069	1069	25 (19) burglary (IC 35-43-2-1) as a:
1070	1070	26 (A) Class A felony or Class B felony, for a crime committed
1071	1071	27 before July 1, 2014; or
1072	1072	28 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
1073	1073	29 felony, for a crime committed after June 30, 2014;
1074	1074	30 (20) assisting a criminal (IC 35-44.1-2-5) as a:
1075	1075	31 (A) Class C felony, for a crime committed before July 1, 2014;
1076	1076	32 or
1077	1077	33 (B) Level 5 felony, for a crime committed after June 30, 2014;
1078	1078	34 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
1079	1079	35 (A) Class B felony or Class C felony, for a crime committed
1080	1080	36 before July 1, 2014; or
1081	1081	37 (B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
1082	1082	38 crime committed after June 30, 2014;
1083	1083	39 (22) escape (IC 35-44.1-3-4) as a:
1084	1084	40 (A) Class B felony or Class C felony, for a crime committed
1085	1085	41 before July 1, 2014; or
1086	1086	42 (B) Level 4 felony or Level 5 felony, for a crime committed
1087	1087	2024 IN 1256—LS 6280/DI 151 26
1088	1088	1 after June 30, 2014;
1089	1089	2 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
1090	1090	3 (A) Class C felony, for a crime committed before July 1, 2014;
1091	1091	4 or
1092	1092	5 (B) Level 5 felony, for a crime committed after June 30, 2014;
1093	1093	6 (24) criminal organization intimidation (IC 35-45-9-4);
1094	1094	7 (25) stalking (IC 35-45-10-5) as a:
1095	1095	8 (A) Class B felony or Class C felony, for a crime committed
1096	1096	9 before July 1, 2014; or
1097	1097	10 (B) Level 4 felony or Level 5 felony, for a crime committed
1098	1098	11 after June 30, 2014;
1099	1099	12 (26) incest (IC 35-46-1-3);
1100	1100	13 (27) dealing in or manufacturing cocaine or a narcotic drug (IC
1101	1101	14 35-48-4-1);
1102	1102	15 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
1103	1103	16 manufacturing methamphetamine (IC 35-48-4-1.2);
1104	1104	17 (29) dealing in a schedule I, II, or III controlled substance (IC
1105	1105	18 35-48-4-2);
1106	1106	19 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
1107	1107	20 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
1108	1108	21 or
1109	1109	22 (32) dealing in a controlled substance resulting in death (IC
1110	1110	23 35-42-1-1.5).
1111	1111	24 (c) A serious violent felon who knowingly or intentionally possesses
1112	1112	25 a firearm commits unlawful possession of a firearm by a serious violent
1113	1113	26 felon, a Level 4 felony.
1114	1114	27 SECTION 19. IC 35-50-1-2, AS AMENDED BY P.L.142-2020,
1115	1115	28 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1116	1116	29 JULY 1, 2024]: Sec. 2. (a) As used in this section, "crime of violence"
1117	1117	30 means the following:
1118	1118	31 (1) Murder (IC 35-42-1-1).
1119	1119	32 (2) Attempted murder (IC 35-41-5-1).
1120	1120	33 (3) Voluntary manslaughter (IC 35-42-1-3).
1121	1121	34 (4) Involuntary manslaughter (IC 35-42-1-4).
1122	1122	35 (5) Reckless homicide (IC 35-42-1-5).
1123	1123	36 (6) Battery (IC 35-42-2-1) as a:
1124	1124	37 (A) Level 2 felony;
1125	1125	38 (B) Level 3 felony;
1126	1126	39 (C) Level 4 felony; or
1127	1127	40 (D) Level 5 felony.
1128	1128	41 (7) Domestic battery (IC 35-42-2-1.3) as a:
1129	1129	42 (A) Level 2 felony;
1130	1130	2024 IN 1256—LS 6280/DI 151 27
1131	1131	1 (B) Level 3 felony;
1132	1132	2 (C) Level 4 felony; or
1133	1133	3 (D) Level 5 felony.
1134	1134	4 (8) Aggravated battery (IC 35-42-2-1.5).
1135	1135	5 (9) Kidnapping (IC 35-42-3-2).
1136	1136	6 (10) Rape (IC 35-42-4-1).
1137	1137	7 (11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
1138	1138	8 (12) Child molesting (IC 35-42-4-3).
1139	1139	9 (13) Sexual misconduct with a minor as a Level 1 felony under
1140	1140	10 IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
1141	1141	11 (14) Robbery as a Level 2 felony or a Level 3 felony (IC
1142	1142	12 35-42-5-1).
1143	1143	13 (15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
1144	1144	14 or Level 4 felony (IC 35-43-2-1).
1145	1145	15 (16) Operating a vehicle while intoxicated causing death or
1146	1146	16 catastrophic injury (IC 9-30-5-5).
1147	1147	17 (17) Operating a vehicle while intoxicated causing serious bodily
1148	1148	18 injury to another person (IC 9-30-5-4).
1149	1149	19 (18) Child exploitation as a Level 5 felony under IC 35-42-4-4(b)
1150	1150	20 or a Level 4 felony under IC 35-42-4-4(c).
1151	1151	21 (19) Resisting law enforcement as a felony (IC 35-44.1-3-1).
1152	1152	22 (20) Unlawful possession of a firearm by a serious violent felon
1153	1153	23 (IC 35-47-4-5).
1154	1154	24 (21) Strangulation (IC 35-42-2-9) as a Level 5 felony.
1155	1155	25 (22) Carjacking as a Level 2 felony or a Level 3 felony (IC
1156	1156	26 35-42-5-3).
1157	1157	27 (b) As used in this section, "episode of criminal conduct" means
1158	1158	28 offenses or a connected series of offenses that are closely related in
1159	1159	29 time, place, and circumstance.
1160	1160	30 (c) Except as provided in subsection (e) or (f) the court shall
1161	1161	31 determine whether terms of imprisonment shall be served concurrently
1162	1162	32 or consecutively. The court may consider the:
1163	1163	33 (1) aggravating circumstances in IC 35-38-1-7.1(a); and
1164	1164	34 (2) mitigating circumstances in IC 35-38-1-7.1(b);
1165	1165	35 in making a determination under this subsection. The court may order
1166	1166	36 terms of imprisonment to be served consecutively even if the sentences
1167	1167	37 are not imposed at the same time. However, except for crimes of
1168	1168	38 violence, the total of the consecutive terms of imprisonment, exclusive
1169	1169	39 of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10
1170	1170	40 (before its repeal) to which the defendant is sentenced for felony
1171	1171	41 convictions arising out of an episode of criminal conduct shall not
1172	1172	42 exceed the period described in subsection (d).
1173	1173	2024 IN 1256—LS 6280/DI 151 28
1174	1174	1 (d) Except as provided in subsection (c), the total of the consecutive
1175	1175	2 terms of imprisonment to which the defendant is sentenced for felony
1176	1176	3 convictions arising out of an episode of criminal conduct may not
1177	1177	4 exceed the following:
1178	1178	5 (1) If the most serious crime for which the defendant is sentenced
1179	1179	6 is a Level 6 felony, the total of the consecutive terms of
1180	1180	7 imprisonment may not exceed four (4) years.
1181	1181	8 (2) If the most serious crime for which the defendant is sentenced
1182	1182	9 is a Level 5 felony, the total of the consecutive terms of
1183	1183	10 imprisonment may not exceed seven (7) years.
1184	1184	11 (3) If the most serious crime for which the defendant is sentenced
1185	1185	12 is a Level 4 felony, the total of the consecutive terms of
1186	1186	13 imprisonment may not exceed fifteen (15) years.
1187	1187	14 (4) If the most serious crime for which the defendant is sentenced
1188	1188	15 is a Level 3 felony, the total of the consecutive terms of
1189	1189	16 imprisonment may not exceed twenty (20) years.
1190	1190	17 (5) If the most serious crime for which the defendant is sentenced
1191	1191	18 is a Level 2 felony, the total of the consecutive terms of
1192	1192	19 imprisonment may not exceed thirty-two (32) years.
1193	1193	20 (6) If the most serious crime for which the defendant is sentenced
1194	1194	21 is a Level 1 felony, the total of the consecutive terms of
1195	1195	22 imprisonment may not exceed forty-two (42) years.
1196	1196	23 (e) If, after being arrested for one (1) crime, a person commits
1197	1197	24 another crime:
1198	1198	25 (1) before the date the person is discharged from probation,
1199	1199	26 parole, or a term of imprisonment imposed for the first crime; or
1200	1200	27 (2) while the person is released:
1201	1201	28 (A) upon the person's own recognizance; or
1202	1202	29 (B) on bond;
1203	1203	30 the terms of imprisonment for the crimes shall be served consecutively,
1204	1204	31 regardless of the order in which the crimes are tried and sentences are
1205	1205	32 imposed.
1206	1206	33 (f) If the factfinder determines under IC 35-50-2-11 that a person
1207	1207	34 used a firearm in the commission of the offense for which the person
1208	1208	35 was convicted, the term of imprisonment for the underlying offense and
1209	1209	36 the additional term of imprisonment imposed under IC 35-50-2-11
1210	1210	37 must be served consecutively.
1211	1211	38 SECTION 20. IC 35-50-2-9, AS AMENDED BY P.L.65-2016,
1212	1212	39 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1213	1213	40 JULY 1, 2024]: Sec. 9. (a) The state may seek either a death sentence
1214	1214	41 or a sentence of life imprisonment without parole for murder by
1215	1215	42 alleging, on a page separate from the rest of the charging instrument,
1216	1216	2024 IN 1256—LS 6280/DI 151 29
1217	1217	1 the existence of at least one (1) of the aggravating circumstances listed
1218	1218	2 in subsection (b). In the sentencing hearing after a person is convicted
1219	1219	3 of murder, the state must prove beyond a reasonable doubt the
1220	1220	4 existence of at least one (1) of the aggravating circumstances alleged.
1221	1221	5 However, the state may not proceed against a defendant under this
1222	1222	6 section if a court determines at a pretrial hearing under IC 35-36-9 that
1223	1223	7 the defendant is an individual with an intellectual disability.
1224	1224	8 (b) The aggravating circumstances are as follows:
1225	1225	9 (1) The defendant committed the murder by intentionally killing
1226	1226	10 the victim while committing or attempting to commit any of the
1227	1227	11 following:
1228	1228	12 (A) Arson (IC 35-43-1-1).
1229	1229	13 (B) Burglary (IC 35-43-2-1).
1230	1230	14 (C) Child molesting (IC 35-42-4-3).
1231	1231	15 (D) Criminal deviate conduct (IC 35-42-4-2) (before its
1232	1232	16 repeal).
1233	1233	17 (E) Kidnapping (IC 35-42-3-2).
1234	1234	18 (F) Rape (IC 35-42-4-1).
1235	1235	19 (G) Robbery (IC 35-42-5-1).
1236	1236	20 (H) Carjacking (IC 35-42-5-2) (before its repeal). (IC
1237	1237	21 35-42-5-3).
1238	1238	22 (I) Criminal organization activity (IC 35-45-9-3).
1239	1239	23 (J) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
1240	1240	24 (K) Criminal confinement (IC 35-42-3-3).
1241	1241	25 (2) The defendant committed the murder by the unlawful
1242	1242	26 detonation of an explosive with intent to injure a person or
1243	1243	27 damage property.
1244	1244	28 (3) The defendant committed the murder by lying in wait.
1245	1245	29 (4) The defendant who committed the murder was hired to kill.
1246	1246	30 (5) The defendant committed the murder by hiring another person
1247	1247	31 to kill.
1248	1248	32 (6) The victim of the murder was a corrections employee,
1249	1249	33 probation officer, parole officer, community corrections worker,
1250	1250	34 home detention officer, fireman, judge, or law enforcement
1251	1251	35 officer, and either:
1252	1252	36 (A) the victim was acting in the course of duty; or
1253	1253	37 (B) the murder was motivated by an act the victim performed
1254	1254	38 while acting in the course of duty.
1255	1255	39 (7) The defendant has been convicted of another murder.
1256	1256	40 (8) The defendant has committed another murder, at any time,
1257	1257	41 regardless of whether the defendant has been convicted of that
1258	1258	42 other murder.
1259	1259	2024 IN 1256—LS 6280/DI 151 30
1260	1260	1 (9) The defendant was:
1261	1261	2 (A) under the custody of the department of correction;
1262	1262	3 (B) under the custody of a county sheriff;
1263	1263	4 (C) on probation after receiving a sentence for the commission
1264	1264	5 of a felony; or
1265	1265	6 (D) on parole;
1266	1266	7 at the time the murder was committed.
1267	1267	8 (10) The defendant dismembered the victim.
1268	1268	9 (11) The defendant:
1269	1269	10 (A) burned, mutilated, or tortured the victim; or
1270	1270	11 (B) decapitated or attempted to decapitate the victim;
1271	1271	12 while the victim was alive.
1272	1272	13 (12) The victim of the murder was less than twelve (12) years of
1273	1273	14 age.
1274	1274	15 (13) The victim was a victim of any of the following offenses for
1275	1275	16 which the defendant was convicted:
1276	1276	17 (A) A battery offense included in IC 35-42-2 committed before
1277	1277	18 July 1, 2014, as a Class D felony or as a Class C felony, or a
1278	1278	19 battery offense included in IC 35-42-2 committed after June
1279	1279	20 30, 2014, as a Level 6 felony, a Level 5 felony, a Level 4
1280	1280	21 felony, or a Level 3 felony.
1281	1281	22 (B) Kidnapping (IC 35-42-3-2).
1282	1282	23 (C) Criminal confinement (IC 35-42-3-3).
1283	1283	24 (D) A sex crime under IC 35-42-4.
1284	1284	25 (14) The victim of the murder was listed by the state or known by
1285	1285	26 the defendant to be a witness against the defendant and the
1286	1286	27 defendant committed the murder with the intent to prevent the
1287	1287	28 person from testifying.
1288	1288	29 (15) The defendant committed the murder by intentionally
1289	1289	30 discharging a firearm (as defined in IC 35-47-1-5):
1290	1290	31 (A) into an inhabited dwelling; or
1291	1291	32 (B) from a vehicle.
1292	1292	33 (16) The victim of the murder was pregnant and the murder
1293	1293	34 resulted in the intentional killing of a fetus that has attained
1294	1294	35 viability (as defined in IC 16-18-2-365).
1295	1295	36 (17) The defendant knowingly or intentionally:
1296	1296	37 (A) committed the murder:
1297	1297	38 (i) in a building primarily used for an educational purpose;
1298	1298	39 (ii) on school property; and
1299	1299	40 (iii) when students are present; or
1300	1300	41 (B) committed the murder:
1301	1301	42 (i) in a building or other structure owned or rented by a state
1302	1302	2024 IN 1256—LS 6280/DI 151 31
1303	1303	1 educational institution or any other public or private
1304	1304	2 postsecondary educational institution and primarily used for
1305	1305	3 an educational purpose; and
1306	1306	4 (ii) at a time when classes are in session.
1307	1307	5 (18) The murder is committed:
1308	1308	6 (A) in a building that is primarily used for religious worship;
1309	1309	7 and
1310	1310	8 (B) at a time when persons are present for religious worship or
1311	1311	9 education.
1312	1312	10 (c) The mitigating circumstances that may be considered under this
1313	1313	11 section are as follows:
1314	1314	12 (1) The defendant has no significant history of prior criminal
1315	1315	13 conduct.
1316	1316	14 (2) The defendant was under the influence of extreme mental or
1317	1317	15 emotional disturbance when the murder was committed.
1318	1318	16 (3) The victim was a participant in or consented to the defendant's
1319	1319	17 conduct.
1320	1320	18 (4) The defendant was an accomplice in a murder committed by
1321	1321	19 another person, and the defendant's participation was relatively
1322	1322	20 minor.
1323	1323	21 (5) The defendant acted under the substantial domination of
1324	1324	22 another person.
1325	1325	23 (6) The defendant's capacity to appreciate the criminality of the
1326	1326	24 defendant's conduct or to conform that conduct to the
1327	1327	25 requirements of law was substantially impaired as a result of
1328	1328	26 mental disease or defect or of intoxication.
1329	1329	27 (7) The defendant was less than eighteen (18) years of age at the
1330	1330	28 time the murder was committed.
1331	1331	29 (8) Any other circumstances appropriate for consideration.
1332	1332	30 (d) If the defendant was convicted of murder in a jury trial, the jury
1333	1333	31 shall reconvene for the sentencing hearing. If the trial was to the court,
1334	1334	32 or the judgment was entered on a guilty plea, the court alone shall
1335	1335	33 conduct the sentencing hearing. The jury or the court may consider all
1336	1336	34 the evidence introduced at the trial stage of the proceedings, together
1337	1337	35 with new evidence presented at the sentencing hearing. The court shall
1338	1338	36 instruct the jury concerning the statutory penalties for murder and any
1339	1339	37 other offenses for which the defendant was convicted, the potential for
1340	1340	38 consecutive or concurrent sentencing, and the availability of
1341	1341	39 educational credit, good time credit, and clemency. The court shall
1342	1342	40 instruct the jury that, in order for the jury to recommend to the court
1343	1343	41 that the death penalty or life imprisonment without parole should be
1344	1344	42 imposed, the jury must find at least one (1) aggravating circumstance
1345	1345	2024 IN 1256—LS 6280/DI 151 32
1346	1346	1 beyond a reasonable doubt as described in subsection (l) and shall
1347	1347	2 provide a special verdict form for each aggravating circumstance
1348	1348	3 alleged. The defendant may present any additional evidence relevant
1349	1349	4 to:
1350	1350	5 (1) the aggravating circumstances alleged; or
1351	1351	6 (2) any of the mitigating circumstances listed in subsection (c).
1352	1352	7 (e) For a defendant sentenced after June 30, 2002, except as
1353	1353	8 provided by IC 35-36-9, if the hearing is by jury, the jury shall
1354	1354	9 recommend to the court whether the death penalty or life imprisonment
1355	1355	10 without parole, or neither, should be imposed. The jury may
1356	1356	11 recommend:
1357	1357	12 (1) the death penalty; or
1358	1358	13 (2) life imprisonment without parole;
1359	1359	14 only if it makes the findings described in subsection (l). If the jury
1360	1360	15 reaches a sentencing recommendation, the court shall sentence the
1361	1361	16 defendant accordingly. After a court pronounces sentence, a
1362	1362	17 representative of the victim's family and friends may present a
1363	1363	18 statement regarding the impact of the crime on family and friends. The
1364	1364	19 impact statement may be submitted in writing or given orally by the
1365	1365	20 representative. The statement shall be given in the presence of the
1366	1366	21 defendant.
1367	1367	22 (f) If a jury is unable to agree on a sentence recommendation after
1368	1368	23 reasonable deliberations, the court shall discharge the jury and proceed
1369	1369	24 as if the hearing had been to the court alone.
1370	1370	25 (g) If the hearing is to the court alone, except as provided by
1371	1371	26 IC 35-36-9, the court shall:
1372	1372	27 (1) sentence the defendant to death; or
1373	1373	28 (2) impose a term of life imprisonment without parole;
1374	1374	29 only if it makes the findings described in subsection (l).
1375	1375	30 (h) If a court sentences a defendant to death, the court shall order
1376	1376	31 the defendant's execution to be carried out not later than one (1) year
1377	1377	32 and one (1) day after the date the defendant was convicted. The
1378	1378	33 supreme court has exclusive jurisdiction to stay the execution of a
1379	1379	34 death sentence. If the supreme court stays the execution of a death
1380	1380	35 sentence, the supreme court shall order a new date for the defendant's
1381	1381	36 execution.
1382	1382	37 (i) If a person sentenced to death by a court files a petition for
1383	1383	38 post-conviction relief, the court, not later than ninety (90) days after the
1384	1384	39 date the petition is filed, shall set a date to hold a hearing to consider
1385	1385	40 the petition. If a court does not, within the ninety (90) day period, set
1386	1386	41 the date to hold the hearing to consider the petition, the court's failure
1387	1387	42 to set the hearing date is not a basis for additional post-conviction
1388	1388	2024 IN 1256—LS 6280/DI 151 33
1389	1389	1 relief. The attorney general shall answer the petition for post-conviction
1390	1390	2 relief on behalf of the state. At the request of the attorney general, a
1391	1391	3 prosecuting attorney shall assist the attorney general. The court shall
1392	1392	4 enter written findings of fact and conclusions of law concerning the
1393	1393	5 petition not later than ninety (90) days after the date the hearing
1394	1394	6 concludes. However, if the court determines that the petition is without
1395	1395	7 merit, the court may dismiss the petition within ninety (90) days
1396	1396	8 without conducting a hearing under this subsection.
1397	1397	9 (j) A death sentence is subject to automatic review by the supreme
1398	1398	10 court. The review, which shall be heard under rules adopted by the
1399	1399	11 supreme court, shall be given priority over all other cases. The supreme
1400	1400	12 court's review must take into consideration all claims that the:
1401	1401	13 (1) conviction or sentence was in violation of the:
1402	1402	14 (A) Constitution of the State of Indiana; or
1403	1403	15 (B) Constitution of the United States;
1404	1404	16 (2) sentencing court was without jurisdiction to impose a
1405	1405	17 sentence; and
1406	1406	18 (3) sentence:
1407	1407	19 (A) exceeds the maximum sentence authorized by law; or
1408	1408	20 (B) is otherwise erroneous.
1409	1409	21 If the supreme court cannot complete its review by the date set by the
1410	1410	22 sentencing court for the defendant's execution under subsection (h), the
1411	1411	23 supreme court shall stay the execution of the death sentence and set a
1412	1412	24 new date to carry out the defendant's execution.
1413	1413	25 (k) A person who has been sentenced to death and who has
1414	1414	26 completed state post-conviction review proceedings may file a written
1415	1415	27 petition with the supreme court seeking to present new evidence
1416	1416	28 challenging the person's guilt or the appropriateness of the death
1417	1417	29 sentence if the person serves notice on the attorney general. The
1418	1418	30 supreme court shall determine, with or without a hearing, whether the
1419	1419	31 person has presented previously undiscovered evidence that
1420	1420	32 undermines confidence in the conviction or the death sentence. If
1421	1421	33 necessary, the supreme court may remand the case to the trial court for
1422	1422	34 an evidentiary hearing to consider the new evidence and its effect on
1423	1423	35 the person's conviction and death sentence. The supreme court may not
1424	1424	36 make a determination in the person's favor nor make a decision to
1425	1425	37 remand the case to the trial court for an evidentiary hearing without
1426	1426	38 first providing the attorney general with an opportunity to be heard on
1427	1427	39 the matter.
1428	1428	40 (l) Before a sentence may be imposed under this section, the jury,
1429	1429	41 in a proceeding under subsection (e), or the court, in a proceeding
1430	1430	42 under subsection (g), must find that:
1431	1431	2024 IN 1256—LS 6280/DI 151 34
1432	1432	1 (1) the state has proved beyond a reasonable doubt that at least
1433	1433	2 one (1) of the aggravating circumstances listed in subsection (b)
1434	1434	3 exists; and
1435	1435	4 (2) any mitigating circumstances that exist are outweighed by the
1436	1436	5 aggravating circumstance or circumstances.
1437	1437	2024 IN 1256—LS 6280/DI 151