Introduced Version
HOUSE BILL No. 1256
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 11-12-3.7-6; IC 12-7-2-53.2; IC 20-26-5-11.2;
IC 20-28-5-8; IC 31-30; IC 31-37; IC 35-31.5-2-91; IC 35-33-1-1;
IC 35-38-2.6-1; IC 35-42; IC 35-43; IC 35-45-6-1; IC 35-47-4-5;
IC 35-50.
Synopsis: Auto theft and carjacking. Reenacts the crimes of auto theft
and carjacking. (The auto theft provision was repealed in 2018 and the
carjacking provision was repealed in 2013.) Makes the penalty for
carjacking a Level 4 felony, but increases the penalty to a Level 3
felony (if committed with a deadly weapon or results in bodily injury)
or a Level 2 felony (if it results in serious bodily injury). Makes the
penalty for auto theft a Level 5 felony and increases the penalty to a
Level 4 felony if the person has a prior conviction or the aggregate fair
market value of the motor vehicle or vehicle parts exceeds $50,000.
Makes conforming changes and technical corrections.
Effective: July 1, 2024.
Andrade
January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024 IN 1256—LS 6280/DI 151 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1256
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 11-12-3.7-6, AS AMENDED BY P.L.78-2022,
2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 6. As used in this chapter, "violent offense" means
4 one (1) or more of the following offenses:
5 (1) Murder (IC 35-42-1-1).
6 (2) Attempted murder (IC 35-41-5-1).
7 (3) Voluntary manslaughter (IC 35-42-1-3).
8 (4) Involuntary manslaughter (IC 35-42-1-4).
9 (5) Reckless homicide (IC 35-42-1-5).
10 (6) Aggravated battery (IC 35-42-2-1.5).
11 (7) Battery (IC 35-42-2-1) as a:
12 (A) Class A felony, Class B felony, or Class C felony (for a
13 crime committed before July 1, 2014); or
14 (B) Level 2 felony, Level 3 felony, or Level 5 felony (for a
15 crime committed after June 30, 2014).
16 (8) Kidnapping (IC 35-42-3-2).
17 (9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8 that
2024 IN 1256—LS 6280/DI 151 2
1 is a:
2 (A) Class A felony, Class B felony, or Class C felony (for a
3 crime committed before July 1, 2014); or
4 (B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4
5 felony, or Level 5 felony (for a crime committed after June 30,
6 2014).
7 (10) Sexual misconduct with a minor (IC 35-42-4-9) as a:
8 (A) Class A felony or Class B felony (for a crime committed
9 before July 1, 2014); or
10 (B) Level 1 felony, Level 2 felony, or Level 4 felony (for a
11 crime committed after June 30, 2014).
12 (11) Incest (IC 35-46-1-3).
13 (12) Robbery (IC 35-42-5-1) as a:
14 (A) Class A felony or a Class B felony (for a crime committed
15 before July 1, 2014); or
16 (B) Level 2 felony or Level 3 felony (for a crime committed
17 after June 30, 2014).
18 (13) Burglary (IC 35-43-2-1) as a:
19 (A) Class A felony or a Class B felony (for a crime committed
20 before July 1, 2014); or
21 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
22 felony (for a crime committed after June 30, 2014).
23 (14) Carjacking (IC 35-42-5-2) (repealed). (IC 35-42-5-3).
24 (15) Assisting a criminal (IC 35-44.1-2-5) as a:
25 (A) Class C felony (for a crime committed before July 1,
26 2014); or
27 (B) Level 5 felony (for a crime committed after June 30,
28 2014).
29 (16) Escape (IC 35-44.1-3-4) as a:
30 (A) Class B felony or Class C felony (for a crime committed
31 before July 1, 2014); or
32 (B) Level 4 felony or Level 5 felony (for a crime committed
33 after June 30, 2014).
34 (17) Trafficking with an inmate (IC 35-44.1-3-5) as a:
35 (A) Class C felony (for a crime committed before July 1,
36 2014); or
37 (B) Level 5 felony (for a crime committed after June 30,
38 2014).
39 (18) Causing death or catastrophic injury when operating a
40 vehicle (IC 9-30-5-5).
41 (19) Criminal confinement (IC 35-42-3-3) as a:
42 (A) Class B felony (for a crime committed before July 1,
2024 IN 1256—LS 6280/DI 151 3
1 2014); or
2 (B) Level 3 felony (for a crime committed after June 30,
3 2014).
4 (20) Arson (IC 35-43-1-1) as a:
5 (A) Class A or Class B felony (for a crime committed before
6 July 1, 2014); or
7 (B) Level 2, Level 3, or Level 4 felony (for a crime committed
8 after June 30, 2014).
9 (21) Possession, use, or manufacture of a weapon of mass
10 destruction (IC 35-46.5-2-1) (or IC 35-47-12-1 before its repeal).
11 (22) Terroristic mischief (IC 35-46.5-2-3) (or IC 35-47-12-3
12 before its repeal) as a:
13 (A) Class B felony (for a crime committed before July 1,
14 2014); or
15 (B) Level 4 felony (for a crime committed after June 30,
16 2014).
17 (23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
18 (24) A violation of IC 35-47.5 (controlled explosives) as a:
19 (A) Class A or Class B felony (for a crime committed before
20 July 1, 2014); or
21 (B) Level 2 or Level 4 felony (for a crime committed after
22 June 30, 2014).
23 (25) Domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
24 3 felony, or Level 5 felony.
25 (26) Sexual misconduct with a service provider (35-44.1-3-10) as
26 a Level 4 felony.
27 (27) Any other crimes evidencing a propensity or history of
28 violence.
29 SECTION 2. IC 12-7-2-53.2, AS AMENDED BY P.L.142-2020,
30 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]: Sec. 53.2. "Dangerous felony", for purposes of
32 IC 12-17.2, means one (1) or more of the following felonies:
33 (1) Murder (IC 35-42-1-1).
34 (2) Attempted murder (IC 35-41-5-1).
35 (3) Voluntary manslaughter (IC 35-42-1-3).
36 (4) Involuntary manslaughter (IC 35-42-1-4).
37 (5) Reckless homicide (IC 35-42-1-5).
38 (6) Aggravated battery (IC 35-42-2-1.5).
39 (7) Kidnapping (IC 35-42-3-2).
40 (8) Rape (IC 35-42-4-1).
41 (9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
42 (10) Child molesting (IC 35-42-4-3).
2024 IN 1256—LS 6280/DI 151 4
1 (11) Sexual misconduct with a minor as a Class A felony (for a
2 crime committed before July 1, 2014) or a Level 1 felony (for a
3 crime committed after June 30, 2014) under IC 35-42-4-9(a)(2)
4 or a Class B felony (for a crime committed before July 1, 2014)
5 or a Level 2 felony (for a crime committed after June 30, 2014)
6 under IC 35-42-4-9(b)(2).
7 (12) Robbery as a Class A or Class B felony (for a crime
8 committed before July 1, 2014) or a Level 2 or Level 3 felony (for
9 a crime committed after June 30, 2014) (IC 35-42-5-1).
10 (13) Burglary as a Class A or Class B felony (for a crime
11 committed before July 1, 2014) or a Level 2 or Level 3 felony (for
12 a crime committed after June 30, 2014) (IC 35-43-2-1).
13 (14) Battery as a felony (IC 35-42-2-1).
14 (15) Domestic battery (IC 35-42-2-1.3).
15 (16) Strangulation (IC 35-42-2-9).
16 (17) Criminal confinement (IC 35-42-3-3).
17 (18) Sexual battery (IC 35-42-4-8).
18 (19) Carjacking as a Level 2 felony or a Level 3 felony (IC
19 35-42-5-3).
20 SECTION 3. IC 20-26-5-11.2, AS ADDED BY P.L.110-2023,
21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 11.2. (a) This section applies to:
23 (1) a school corporation;
24 (2) a charter school;
25 (3) a state accredited nonpublic school; and
26 (4) an entity with which the school corporation, charter school, or
27 state accredited nonpublic school contracts for services;
28 concerning employees of the school corporation, charter school, state
29 accredited nonpublic school, or entity who are likely to have direct,
30 ongoing contact with children within the scope of the employees'
31 employment.
32 (b) Subject to section 10(k) of this chapter and subsection (f), a
33 school corporation, charter school, state accredited nonpublic school,
34 or entity may not employ or contract with, and shall terminate the
35 employment of or contract with, an individual convicted of any of the
36 following offenses:
37 (1) Murder (IC 35-42-1-1).
38 (2) Causing suicide (IC 35-42-1-2).
39 (3) Assisting suicide (IC 35-42-1-2.5).
40 (4) Voluntary manslaughter (IC 35-42-1-3).
41 (5) Aggravated battery (IC 35-42-2-1.5).
42 (6) Kidnapping (IC 35-42-3-2).
2024 IN 1256—LS 6280/DI 151 5
1 (7) A sex offense (as defined in IC 11-8-8-5.2).
2 (8) Carjacking (IC 35-42-5-2) (repealed). (IC 35-42-5-3).
3 (9) Arson (IC 35-43-1-1).
4 (10) Public indecency (IC 35-45-4-1(a)(3), IC 35-45-4-1(a)(4),
5 and IC 35-45-4-1(b)) committed:
6 (A) after June 30, 2003; or
7 (B) before July 1, 2003, if the person committed the offense
8 by, in a public place, engaging in sexual intercourse or other
9 sexual conduct (as defined in IC 35-31.5-2-221.5).
10 (11) Neglect of a dependent as a Class B felony (for a crime
11 committed before July 1, 2014) or a Level 1 felony or Level 3
12 felony (for a crime committed after June 30, 2014) (IC
13 35-46-1-4(b)(2) and IC 35-46-1-4(b)(3)).
14 (12) Child selling (IC 35-46-1-4(d)).
15 (13) An offense relating to material or a performance that is
16 harmful to minors or obscene under IC 35-49-3.
17 If an entity described in subsection (a)(4) obtains information that an
18 individual employed by the entity who works at a particular school
19 corporation, charter school, or state accredited nonpublic school has
20 been convicted of an offense described in this subsection, the entity
21 shall immediately notify the school corporation, charter school, or state
22 accredited nonpublic school of the employee's conviction.
23 (c) After June 30, 2023, a school corporation, charter school, state
24 accredited nonpublic school, or entity may employ or contract with an
25 individual convicted of any of the following offenses if a majority of
26 the members elected or appointed to the governing body of the school
27 corporation, or the equivalent body for a charter school, approves the
28 employment or contract as a separate, special agenda item, or if the
29 school administrator of a state accredited nonpublic school informs the
30 administrator's appointing authority of the hiring:
31 (1) An offense relating to operating a motor vehicle while
32 intoxicated under IC 9-30-5.
33 (2) Reckless homicide (IC 35-42-1-5).
34 (3) Battery (IC 35-42-2-1).
35 (4) Domestic battery (IC 35-42-2-1.3).
36 (5) Criminal confinement (IC 35-42-3-3).
37 (6) Public indecency (IC 35-45-4-1(a)(1) or IC 35-45-4-1(a)(2))
38 committed:
39 (A) after June 30, 2003; or
40 (B) before July 1, 2003, if the person committed the offense
41 by, in a public place, engaging in sexual intercourse or other
42 sexual conduct (as defined in IC 35-31.5-2-221.5).
2024 IN 1256—LS 6280/DI 151 6
1 (7) Contributing to the delinquency of a minor (IC 35-46-1-8).
2 (8) An offense involving a weapon under IC 35-47 or IC 35-47.5.
3 (9) An offense relating to controlled substances under IC 35-48-4,
4 other than an offense involving marijuana or paraphernalia used
5 to consume marijuana.
6 (d) An individual employed by a school corporation, charter school,
7 state accredited nonpublic school, or entity described in subsection (a)
8 shall notify the governing body of the school, if during the course of the
9 individual's employment, the individual:
10 (1) is convicted in Indiana or another jurisdiction of an offense
11 described in subsection (b) or subsection (c); or
12 (2) is the subject of a substantiated report of child abuse or
13 neglect.
14 (e) A school corporation, charter school, state accredited nonpublic
15 school, or entity may use information obtained under section 10 of this
16 chapter concerning an individual being the subject of a substantiated
17 report of child abuse or neglect as grounds to not employ or contract
18 with the individual.
19 (f) A school corporation, charter school, state accredited nonpublic
20 school, or entity is not required to consider whether information
21 concerning an individual's conviction:
22 (1) requires the school or entity to:
23 (A) not employ; or
24 (B) not contract with; or
25 (2) constitutes grounds to terminate the employment of or contract
26 with;
27 an individual under subsection (b) if the individual's conviction is
28 reversed, vacated, or set aside.
29 (g) Nothing in this section prohibits a school corporation, charter
30 school, state accredited nonpublic school, or entity from establishing
31 procedures to verify the accuracy of the information obtained under
32 section 10 of this chapter concerning an individual's conviction.
33 (h) A school corporation, charter school, or state accredited
34 nonpublic school may not hire or contract with an individual:
35 (1) who is required to wear an ankle monitor as the result of a
36 criminal conviction;
37 (2) who entered into an agreement to settle an allegation of
38 misconduct relating to the health, safety, or well-being of a
39 student at a school corporation, charter school, or state accredited
40 nonpublic school, if the agreement included a nondisclosure
41 agreement covering the alleged misconduct; or
42 (3) who, in an academic environment, engaged in a course of
2024 IN 1256—LS 6280/DI 151 7
1 conduct involving repeated or continuing contact with a child that
2 is intended to prepare or condition the child for sexual activity (as
3 defined in IC 35-42-4-13);
4 unless a majority of the members elected or appointed to the governing
5 body of the school corporation, or the equivalent body for a charter
6 school, approves the hire or contract as a separate, special agenda item,
7 or unless the school administrator of a state accredited nonpublic
8 school informs the administrator's appointing authority of the hiring.
9 (i) For purposes of subsection (h), "misconduct relating to the
10 health, safety, or well-being of a student" includes:
11 (1) engaging in a pattern of flirtatious or otherwise inappropriate
12 comments;
13 (2) making any effort to gain unreasonable access to, and time
14 alone with, any student with no discernable educational purpose;
15 (3) engaging in any behavior that can reasonably be construed as
16 involving an inappropriate and overly personal and intimate
17 relationship with, conduct toward, or focus on a student;
18 (4) telling explicit sexual jokes and stories;
19 (5) making sexually related comments;
20 (6) engaging in sexual kidding or teasing;
21 (7) engaging in sexual innuendos or making comments with
22 double entendre;
23 (8) inappropriate physical touching;
24 (9) using spoken, written, or any electronic communication to
25 importune, invite, participate with, or entice a person to expose or
26 touch the person's own or another person's intimate body parts or
27 to observe the student's intimate body parts via any form of
28 computer network or system, any social media platform,
29 telephone network, or data network or by text message or instant
30 messaging;
31 (10) sexual advances or requests for sexual favors;
32 (11) physical or romantic relationship including but not limited to
33 sexual intercourse or oral sexual intercourse;
34 (12) discussion of one's personal romantic or sexual feelings or
35 activities;
36 (13) discussion, outside of a professional teaching or counseling
37 context endorsed or required by an employing school district, of
38 a student's romantic or sexual feelings or activities;
39 (14) displaying, sharing, or transmitting pornographic or sexually
40 explicit materials;
41 (15) any physical contact that the student previously has indicated
42 is unwelcome, unless such contact is professionally required, such
2024 IN 1256—LS 6280/DI 151 8
1 as to teach a sport or other skill, or to protect the safety of the
2 student or others;
3 (16) other than for purposes of addressing student dress code
4 violations or concerns, referencing the physical appearance or
5 clothes of a student in a way that could be interpreted as sexual;
6 and
7 (17) self-disclosure or physical exposure of a sexual, romantic, or
8 erotic nature.
9 SECTION 4. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
10 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 8. (a) This section applies when a prosecuting
12 attorney knows that a licensed employee of a public school or a
13 nonpublic school has been convicted of an offense listed in subsection
14 (c). The prosecuting attorney shall immediately give written notice of
15 the conviction to the following:
16 (1) The secretary of education.
17 (2) Except as provided in subdivision (3), the superintendent of
18 the school corporation that employs the licensed employee or the
19 equivalent authority if a nonpublic school employs the licensed
20 employee.
21 (3) The presiding officer of the governing body of the school
22 corporation that employs the licensed employee, if the convicted
23 licensed employee is the superintendent of the school corporation.
24 (b) The superintendent of a school corporation, presiding officer of
25 the governing body, or equivalent authority for a nonpublic school shall
26 immediately notify the secretary of education when the individual
27 knows that a current or former licensed employee of the public school
28 or nonpublic school has been convicted of an offense listed in
29 subsection (c), or when the governing body or equivalent authority for
30 a nonpublic school takes any final action in relation to an employee
31 who engaged in any offense listed in subsection (c).
32 (c) Except as provided in section 8.5 of this chapter, the department
33 shall permanently revoke the license of a person who is known by the
34 department to have been convicted of any of the following:
35 (1) The following felonies:
36 (A) A sex crime under IC 35-42-4 (including criminal deviate
37 conduct (IC 35-42-4-2) (before its repeal)).
38 (B) Kidnapping (IC 35-42-3-2).
39 (C) Criminal confinement (IC 35-42-3-3).
40 (D) Incest (IC 35-46-1-3).
41 (E) Dealing in or manufacturing cocaine or a narcotic drug (IC
42 35-48-4-1).
2024 IN 1256—LS 6280/DI 151 9
1 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
2 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
3 (H) Dealing in a schedule I, II, or III controlled substance (IC
4 35-48-4-2).
5 (I) Dealing in a schedule IV controlled substance (IC
6 35-48-4-3).
7 (J) Dealing in a schedule V controlled substance (IC
8 35-48-4-4).
9 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
10 (L) Dealing in marijuana, hash oil, hashish, or salvia as a
11 felony (IC 35-48-4-10).
12 (M) An offense under IC 35-48-4 involving the manufacture
13 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
14 synthetic drug lookalike substance (as defined in
15 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
16 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
17 controlled substance analog (as defined in IC 35-48-1-9.3), or
18 a substance represented to be a controlled substance (as
19 described in IC 35-48-4-4.6).
20 (N) Homicide (IC 35-42-1).
21 (O) Voluntary manslaughter (IC 35-42-1-3).
22 (P) Reckless homicide (IC 35-42-1-5).
23 (Q) Battery as any of the following:
24 (i) A Class A felony (for a crime committed before July 1,
25 2014) or a Level 2 felony (for a crime committed after June
26 30, 2014).
27 (ii) A Class B felony (for a crime committed before July 1,
28 2014) or a Level 3 felony (for a crime committed after June
29 30, 2014).
30 (iii) A Class C felony (for a crime committed before July 1,
31 2014) or a Level 5 felony (for a crime committed after June
32 30, 2014).
33 (R) Aggravated battery (IC 35-42-2-1.5).
34 (S) Robbery (IC 35-42-5-1).
35 (T) Carjacking (IC 35-42-5-2) (before its repeal). (IC
36 35-42-5-3).
37 (U) Arson as a Class A felony or Class B felony (for a crime
38 committed before July 1, 2014) or as a Level 2, Level 3, or
39 Level 4 felony (for a crime committed after June 30, 2014) (IC
40 35-43-1-1(a)).
41 (V) Burglary as a Class A felony or Class B felony (for a crime
42 committed before July 1, 2014) or as a Level 1, Level 2, Level
2024 IN 1256—LS 6280/DI 151 10
1 3, or Level 4 felony (for a crime committed after June 30,
2 2014) (IC 35-43-2-1).
3 (W) Human trafficking (IC 35-42-3.5).
4 (X) Dealing in a controlled substance resulting in death (IC
5 35-42-1-1.5).
6 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
7 this subsection.
8 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
9 in this subsection.
10 (2) Public indecency (IC 35-45-4-1) committed:
11 (A) after June 30, 2003; or
12 (B) before July 1, 2003, if the person committed the offense
13 by, in a public place:
14 (i) engaging in sexual intercourse or other sexual conduct
15 (as defined in IC 35-31.5-2-221.5);
16 (ii) appearing in a state of nudity with the intent to arouse
17 the sexual desires of the person or another person, or being
18 at least eighteen (18) years of age, with the intent to be seen
19 by a child less than sixteen (16) years of age; or
20 (iii) fondling the person's genitals or the genitals of another
21 person.
22 (d) The department shall permanently revoke the license of a person
23 who is known by the department to have been convicted of a federal
24 offense or an offense in another state that is comparable to a felony or
25 misdemeanor listed in subsection (c).
26 (e) A license may be suspended by the secretary of education as
27 specified in IC 20-28-7.5.
28 (f) The department shall develop a data base of information on
29 school corporation employees who have been reported to the
30 department under this section.
31 (g) Upon receipt of information from the office of judicial
32 administration in accordance with IC 33-24-6-3 concerning persons
33 convicted of an offense listed in subsection (c), the department shall:
34 (1) cross check the information received from the office of
35 judicial administration with information concerning licensed
36 teachers (as defined in IC 20-18-2-22(b)) maintained by the
37 department; and
38 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
39 convicted of an offense described in subsection (c), revoke the
40 licensed teacher's license.
41 SECTION 5. IC 31-30-1-4, AS AMENDED BY P.L.115-2023,
42 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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1 JULY 1, 2024]: Sec. 4. (a) The juvenile court does not have jurisdiction
2 over an individual for an alleged violation of:
3 (1) IC 35-41-5-1(a) (attempted murder);
4 (2) IC 35-42-1-1 (murder);
5 (3) IC 35-42-3-2 (kidnapping);
6 (4) IC 35-42-4-1 (rape);
7 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
8 (6) IC 35-42-5-1 (robbery) if:
9 (A) the robbery was committed while armed with a deadly
10 weapon; or
11 (B) the robbery results in bodily injury or serious bodily
12 injury;
13 (7) IC 35-42-5-2 IC 35-42-5-3 (carjacking); (before its repeal);
14 (8) IC 35-47-2-1.5 (unlawful carrying of a handgun), if charged
15 as a felony;
16 (9) IC 35-47-10 (children and firearms), if charged as a felony; or
17 (10) any offense that may be joined under IC 35-34-1-9(a)(2) with
18 any crime listed in this subsection;
19 if the individual was at least sixteen (16) years of age but less than
20 eighteen (18) years of age at the time of the alleged violation.
21 (b) Once an individual described in subsection (a) has been charged
22 with any offense listed in subsection (a), the court having adult
23 criminal jurisdiction shall retain jurisdiction over the case if the
24 individual pleads guilty to or is convicted of any offense listed in
25 subsection (a)(1) through (a)(9).
26 (c) If:
27 (1) an individual described in subsection (a) is charged with one
28 (1) or more offenses listed in subsection (a);
29 (2) all the charges under subsection (a)(1) through (a)(9) resulted
30 in an acquittal or were dismissed; and
31 (3) the individual pleads guilty to or is convicted of any offense
32 other than an offense listed in subsection (a)(1) through (a)(9);
33 the court having adult criminal jurisdiction may withhold judgment and
34 transfer jurisdiction to the juvenile court for adjudication and
35 disposition. In determining whether to transfer jurisdiction to the
36 juvenile court for adjudication and disposition, the court having adult
37 criminal jurisdiction shall consider whether there are appropriate
38 services available in the juvenile justice system, whether the child is
39 amenable to rehabilitation under the juvenile justice system, and
40 whether it is in the best interests of the safety and welfare of the
41 community that the child be transferred to juvenile court. All orders
42 concerning release conditions remain in effect until a juvenile court
2024 IN 1256—LS 6280/DI 151 12
1 detention hearing, which must be held not later than forty-eight (48)
2 hours, excluding Saturdays, Sundays, and legal holidays, after the order
3 of transfer of jurisdiction.
4 (d) A court having adult criminal jurisdiction, and not a juvenile
5 court, has jurisdiction over a person who is at least twenty-one (21)
6 years of age for an alleged offense:
7 (1) committed while the person was a child; and
8 (2) that could have been waived under IC 31-30-3.
9 SECTION 6. IC 31-30-4-5, AS AMENDED BY P.L.168-2014,
10 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 5. (a) At the request of a sentencing court, the
12 department of correction shall provide a progress report to the
13 sentencing court concerning an offender sentenced and placed in a
14 juvenile facility under section 2(b) of this chapter. When the offender
15 becomes eighteen (18) years of age:
16 (1) the department shall notify the sentencing court; and
17 (2) the sentencing court shall hold a review hearing concerning
18 the offender before the offender becomes nineteen (19) years of
19 age.
20 (b) Except as provided in subsection (c), after a hearing conducted
21 under subsection (a), the sentencing court may:
22 (1) continue the offender's placement in a juvenile facility until
23 the objectives of the sentence imposed on the offender have been
24 met, if the sentencing court finds that the objectives of the
25 sentence imposed on the offender have not been met;
26 (2) discharge the offender if the sentencing court finds that the
27 objectives of the sentence imposed on the offender have been
28 met;
29 (3) order execution of all or part of the offender's suspended
30 criminal sentence in an adult facility of the department of
31 correction; or
32 (4) place the offender:
33 (A) in home detention under IC 35-38-2.5;
34 (B) in a community corrections program under IC 35-38-2.6;
35 (C) on probation under IC 35-50-7; or
36 (D) in any other appropriate alternative sentencing program.
37 (c) This subsection applies to an offender over whom a juvenile
38 court lacks jurisdiction under IC 31-30-1-4 who is convicted of one (1)
39 or more of the following offenses:
40 (1) Murder (IC 35-42-1-1).
41 (2) Attempted murder (IC 35-41-5-1).
42 (3) Kidnapping (IC 35-42-3-2).
2024 IN 1256—LS 6280/DI 151 13
1 (4) Rape as a Class A felony (for a crime committed before July
2 1, 2014) or a Level 1 felony (for a crime committed after June 30,
3 2014) (IC 35-42-4-1(b)).
4 (5) Criminal deviate conduct as a Class A felony (IC
5 35-42-4-2(b)) (before its repeal).
6 (6) Robbery as a Class A felony (for a crime committed before
7 July 1, 2014) or a Level 2 felony (for a crime committed after
8 June 30, 2014) (IC 35-42-5-1), if:
9 (A) the offense was committed while armed with a deadly
10 weapon; and
11 (B) the offense resulted in bodily injury to any person other
12 than a defendant.
13 (7) Carjacking (IC 35-42-5-3).
14 The court may not modify the original sentence of an offender to whom
15 this subsection applies if the prosecuting attorney objects in writing to
16 the modification. The prosecuting attorney shall set forth in writing the
17 prosecuting attorney's reasons for objecting to the sentence
18 modification.
19 SECTION 7. IC 31-37-4-3, AS AMENDED BY P.L.205-2023,
20 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2024]: Sec. 3. (a) This section applies if a child is arrested or
22 taken into custody for allegedly committing an act that would be any of
23 the following crimes if committed by an adult:
24 (1) Murder (IC 35-42-1-1).
25 (2) Attempted murder (IC 35-41-5-1).
26 (3) Voluntary manslaughter (IC 35-42-1-3).
27 (4) Involuntary manslaughter (IC 35-42-1-4).
28 (5) Reckless homicide (IC 35-42-1-5).
29 (6) Aggravated battery (IC 35-42-2-1.5).
30 (7) Battery (IC 35-42-2-1).
31 (8) Kidnapping (IC 35-42-3-2).
32 (9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
33 (10) Sexual misconduct with a minor (IC 35-42-4-9).
34 (11) Incest (IC 35-46-1-3).
35 (12) Robbery as a Level 2 felony or a Level 3 felony (IC
36 35-42-5-1).
37 (13) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
38 or Level 4 felony (IC 35-43-2-1).
39 (14) Assisting a criminal as a Level 5 felony (IC 35-44.1-2-5).
40 (15) Escape (IC 35-44.1-3-4) as a Level 4 felony or Level 5
41 felony.
42 (16) Trafficking with an inmate as a Level 5 felony (IC
2024 IN 1256—LS 6280/DI 151 14
1 35-44.1-3-5).
2 (17) Causing death or catastrophic injury when operating a
3 vehicle (IC 9-30-5-5).
4 (18) Criminal confinement (IC 35-42-3-3) as a Level 2 or Level
5 3 felony.
6 (19) Arson (IC 35-43-1-1) as a Level 2 felony, Level 3 felony, or
7 Level 4 felony.
8 (20) Possession, use, or manufacture of a weapon of mass
9 destruction (IC 35-47-12-1) (before its repeal).
10 (21) Terroristic mischief (IC 35-47-12-3) as a Level 2 or Level 3
11 felony (before its repeal).
12 (22) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
13 (23) A violation of IC 35-47.5 (controlled explosives) as a Level
14 2 felony, Level 3 felony, or Level 4 felony.
15 (24) A controlled substances offense under IC 35-48.
16 (25) A criminal organization offense under IC 35-45-9.
17 (26) Domestic battery (IC 35-42-2-1.3).
18 (27) A felony terrorist offense (as defined in IC 35-50-2-18).
19 (28) Carjacking as a Level 2 felony or a Level 3 felony (IC
20 35-42-5-3).
21 (b) If a child is taken into custody under this chapter for a crime or
22 act listed in subsection (a) or a situation to which IC 12-26-5-1 applies,
23 the law enforcement agency that employs the law enforcement officer
24 who takes the child into custody shall notify the chief administrative
25 officer of the primary or secondary school, including a public or
26 nonpublic school, in which the child is enrolled or, if the child is
27 enrolled in a public school, the superintendent of the school district in
28 which the child is enrolled:
29 (1) that the child was taken into custody; and
30 (2) of the reason why the child was taken into custody.
31 (c) The notification under subsection (b) must occur within
32 forty-eight (48) hours after the child is taken into custody.
33 (d) A law enforcement agency may not disclose information that is
34 confidential under state or federal law to a school or school district
35 under this section.
36 (e) A law enforcement agency shall include in its training for law
37 enforcement officers training concerning the notification requirements
38 under subsection (b).
39 SECTION 8. IC 31-37-19-9, AS AMENDED BY P.L.214-2013,
40 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 9. (a) This section applies if a child is a delinquent
42 child under IC 31-37-1.
2024 IN 1256—LS 6280/DI 151 15
1 (b) After a juvenile court makes a determination under IC 11-8-8-5,
2 the juvenile court may, in addition to an order under section 6 of this
3 chapter, and if the child:
4 (1) is at least thirteen (13) years of age and less than sixteen (16)
5 years of age; and
6 (2) committed an act that, if committed by an adult, would be:
7 (A) murder (IC 35-42-1-1);
8 (B) kidnapping (IC 35-42-3-2);
9 (C) rape (IC 35-42-4-1);
10 (D) criminal deviate conduct (IC 35-42-4-2) (repealed); or
11 (E) robbery (IC 35-42-5-1) if the robbery was committed while
12 armed with a deadly weapon or if the robbery resulted in
13 bodily injury or serious bodily injury; or
14 (F) carjacking as a Level 2 felony or Level 3 felony (IC
15 35-42-5-3);
16 order wardship of the child to the department of correction for a fixed
17 period that is not longer than the date the child becomes eighteen (18)
18 years of age, subject to IC 11-10-2-10.
19 (c) Notwithstanding IC 11-10-2-5, the department of correction may
20 not reduce the period ordered under this section (or
21 IC 31-6-4-15.9(b)(8) before its repeal).
22 SECTION 9. IC 35-31.5-2-91, AS AMENDED BY P.L.142-2020,
23 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 91. "Designated offense", for purposes of
25 IC 35-33.5, means the following:
26 (1) A Class A, Class B, or Class C felony, for a crime committed
27 before July 1, 2014, or a Level 1, Level 2, Level 3, Level 4, or
28 Level 5 felony, for a crime committed after June 30, 2014, that is
29 a controlled substance offense (IC 35-48-4).
30 (2) Murder (IC 35-42-1-1).
31 (3) Kidnapping (IC 35-42-3-2).
32 (4) Criminal confinement (IC 35-42-3-3).
33 (5) Robbery (IC 35-42-5-1).
34 (6) Arson (IC 35-43-1-1).
35 (7) Child solicitation (IC 35-42-4-6).
36 (8) Human and sexual trafficking crimes under IC 35-42-3.5.
37 (9) Escape as a Class B felony or Class C felony, for a crime
38 committed before July 1, 2014, or a Level 4 felony or Level 5
39 felony, for a crime committed after June 30, 2014 (IC
40 35-44.1-3-4).
41 (10) An offense that relates to a weapon of mass destruction (as
42 defined in section 354 of this chapter).
2024 IN 1256—LS 6280/DI 151 16
1 (11) Carjacking (IC 35-42-5-3).
2 SECTION 10. IC 35-33-1-1, AS AMENDED BY P.L.112-2023,
3 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 1. (a) A law enforcement officer may arrest a
5 person when the officer has:
6 (1) a warrant commanding that the person be arrested;
7 (2) probable cause to believe the person has committed or
8 attempted to commit, or is committing or attempting to commit,
9 a felony;
10 (3) probable cause to believe the person has violated the
11 provisions of IC 9-26-1-1.1 or IC 9-30-5;
12 (4) probable cause to believe the person is committing or
13 attempting to commit a misdemeanor in the officer's presence;
14 (5) probable cause to believe the person has committed a:
15 (A) battery resulting in bodily injury under IC 35-42-2-1; or
16 (B) domestic battery under IC 35-42-2-1.3.
17 The officer may use an affidavit executed by an individual alleged
18 to have direct knowledge of the incident alleging the elements of
19 the offense of battery to establish probable cause;
20 (6) probable cause to believe that the person violated
21 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
22 (7) probable cause to believe that the person violated
23 IC 35-47-2-1.5 (unlawful carrying of a handgun) or IC 35-47-2-22
24 (counterfeit handgun license);
25 (8) probable cause to believe that the person is violating or has
26 violated an order issued under IC 35-50-7;
27 (9) probable cause to believe that the person is violating or has
28 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
29 device);
30 (10) probable cause to believe that the person is:
31 (A) violating or has violated IC 35-45-2-5 (interference with
32 the reporting of a crime); and
33 (B) interfering with or preventing the reporting of a crime
34 involving domestic or family violence (as defined in
35 IC 34-6-2-34.5);
36 (11) probable cause to believe that the person has committed theft
37 (IC 35-43-4-2);
38 (12) probable cause to believe that the person has committed
39 auto theft (IC 35-43-4-2.1);
40 (12) (13) a removal order issued for the person by an immigration
41 court;
42 (13) (14) a detainer or notice of action for the person issued by the
2024 IN 1256—LS 6280/DI 151 17
1 United States Department of Homeland Security; or
2 (14) (15) probable cause to believe that the person has been
3 indicted for or convicted of one (1) or more aggravated felonies
4 (as defined in 8 U.S.C. 1101(a)(43)).
5 (b) A person who:
6 (1) is employed full time as a federal enforcement officer;
7 (2) is empowered to effect an arrest with or without warrant for a
8 violation of the United States Code; and
9 (3) is authorized to carry firearms in the performance of the
10 person's duties;
11 may act as an officer for the arrest of offenders against the laws of this
12 state where the person reasonably believes that a felony has been or is
13 about to be committed or attempted in the person's presence.
14 (c) A law enforcement officer who arrests a child or takes a child
15 into custody as described in IC 31-37-4-3.5 shall make a reasonable
16 attempt to notify:
17 (1) the child's parent, guardian, or custodian; or
18 (2) the emergency contact listed on the child's school record;
19 that the child has been arrested or taken into custody.
20 SECTION 11. IC 35-38-2.6-1, AS AMENDED BY P.L.72-2023,
21 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 1. This chapter does not apply to persons
23 convicted of any of the following offenses whenever any part of the
24 sentence may not be suspended under IC 35-50-2-2.2:
25 (1) Sex crimes under IC 35-42-4 or IC 35-46-1-3.
26 (2) A Level 1 felony.
27 (3) Any of the following felonies:
28 (A) Murder (IC 35-42-1-1).
29 (B) A battery offense included in IC 35-42-2 with a deadly
30 weapon or causing death.
31 (C) Kidnapping (IC 35-42-3-2).
32 (D) Criminal confinement (IC 35-42-3-3) with a deadly
33 weapon.
34 (E) Robbery (IC 35-42-5-1) resulting in serious bodily injury
35 or with a deadly weapon.
36 (F) Arson (IC 35-43-1-1) for hire resulting in serious bodily
37 injury.
38 (G) Burglary (IC 35-43-2-1) resulting in serious bodily injury.
39 (H) Resisting law enforcement (IC 35-44.1-3-1) with a deadly
40 weapon.
41 (I) Aggravated battery (IC 35-42-2-1.5).
42 (J) Disarming a law enforcement officer (IC 35-44.1-3-2).
2024 IN 1256—LS 6280/DI 151 18
1 (K) A sentence for a crime that is enhanced by criminal
2 organization (IC 35-50-2-15).
3 (L) Carjacking as a Level 2 felony or Level 3 felony (IC
4 35-42-5-3).
5 SECTION 12. IC 35-42-1-1, AS AMENDED BY P.L.215-2018(ss),
6 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 1. A person who:
8 (1) knowingly or intentionally kills another human being;
9 (2) kills another human being while committing or attempting to
10 commit arson, burglary, child molesting, consumer product
11 tampering, criminal deviate conduct (under IC 35-42-4-2 before
12 its repeal), kidnapping, rape, robbery, human trafficking,
13 promotion of human labor trafficking, promotion of human sexual
14 trafficking, promotion of child sexual trafficking, promotion of
15 sexual trafficking of a younger child, child sexual trafficking, or
16 carjacking; (before its repeal);
17 (3) kills another human being while committing or attempting to
18 commit:
19 (A) dealing in or manufacturing cocaine or a narcotic drug (IC
20 35-48-4-1);
21 (B) dealing in methamphetamine (IC 35-48-4-1.1);
22 (C) manufacturing methamphetamine (IC 35-48-4-1.2);
23 (D) dealing in a schedule I, II, or III controlled substance (IC
24 35-48-4-2);
25 (E) dealing in a schedule IV controlled substance (IC
26 35-48-4-3); or
27 (F) dealing in a schedule V controlled substance; or
28 (4) except as provided in section 6.5 of this chapter, knowingly or
29 intentionally kills a fetus in any stage of development;
30 commits murder, a felony.
31 SECTION 13. IC 35-42-5-3 IS ADDED TO THE INDIANA CODE
32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
33 1, 2024]: Sec. 3. (a) A person who knowingly or intentionally takes
34 a motor vehicle from another person or from the presence of
35 another person:
36 (1) by using or threatening the use of force on any person; or
37 (2) by putting any person in fear;
38 commits carjacking, a Level 4 felony.
39 (b) However, the offense under subsection (a) is:
40 (1) a Level 3 felony if it is committed while armed with a
41 deadly weapon or results in bodily injury to any person other
42 than the defendant; and
2024 IN 1256—LS 6280/DI 151 19
1 (2) a Level 2 felony if it results in serious bodily injury to any
2 person other than the defendant.
3 SECTION 14. IC 35-43-4-2, AS AMENDED BY P.L.175-2022,
4 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 2. (a) A person who knowingly or intentionally
6 exerts unauthorized control over property of another person, with intent
7 to deprive the other person of any part of its value or use, commits
8 theft, a Class A misdemeanor. However, the offense is:
9 (1) a Level 6 felony if:
10 (A) the value of the property is at least seven hundred fifty
11 dollars ($750) and less than fifty thousand dollars ($50,000);
12 or
13 (B) the property is a:
14 (i) motor vehicle (as defined in IC 9-13-2-105(a)); or
15 (ii) component part (as defined in IC 9-13-2-34) of a motor
16 vehicle; or
17 (C) (B) the person has a prior unrelated conviction for:
18 (i) theft under this section;
19 (ii) criminal conversion under section 3 of this chapter;
20 (iii) robbery under IC 35-42-5-1; or
21 (iv) burglary under IC 35-43-2-1;
22 (2) a Level 5 felony if:
23 (A) the value of the property is at least fifty thousand dollars
24 ($50,000); or
25 (B) the property that is the subject of the theft is a valuable
26 metal (as defined in IC 25-37.5-1-1) and:
27 (i) relates to transportation safety;
28 (ii) relates to public safety; or
29 (iii) is taken from a hospital or other health care facility,
30 telecommunications provider, public utility (as defined in
31 IC 32-24-1-5.9(a)), or critical infrastructure facility;
32 and the absence of the property creates a substantial risk of
33 bodily injury to a person; or and
34 (C) the property is a:
35 (i) motor vehicle (as defined in IC 9-13-2-105(a)); or
36 (ii) component part (as defined in IC 9-13-2-34) of a motor
37 vehicle; and
38 the person has a prior unrelated conviction for theft of a motor
39 vehicle (as defined in IC 9-13-2-105(a)) or theft of a
40 component part (as defined in IC 9-13-2-34); and
41 (3) a Level 5 felony if the property is a firearm.
42 (b) For purposes of this section, "the value of property" means:
2024 IN 1256—LS 6280/DI 151 20
1 (1) the fair market value of the property at the time and place the
2 offense was committed; or
3 (2) if the fair market value of the property cannot be satisfactorily
4 determined, the cost to replace the property within a reasonable
5 time after the offense was committed.
6 A price tag or price marking on property displayed or offered for sale
7 constitutes prima facie evidence of the value of the property.
8 (c) If the offense described in subsection (a) is committed by a
9 public servant who exerted unauthorized control over public funds (as
10 defined by IC 5-22-2-23) from the public servant's employer, the
11 employer may be reimbursed in accordance with IC 2-3.5-4-11,
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,
13 IC 10-12-2-10, IC 33-38-6-19.5, IC 33-39-7-10.5, IC 36-8-6-14,
14 IC 36-8-7-22, IC 36-8-7.5-19, or IC 36-8-8-17.
15 SECTION 15. IC 35-43-4-2.1 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2024]: Sec. 2.1. (a) As used in this section,
18 "motor vehicle" has the meaning set forth in IC 9-13-2-105(a).
19 (b) A person who knowingly or intentionally exerts
20 unauthorized control over the motor vehicle of another person,
21 with intent to deprive the owner of:
22 (1) the motor vehicle's value or use; or
23 (2) a component part (as defined in IC 9-13-2-34) of the motor
24 vehicle;
25 commits auto theft, a Level 5 felony.
26 (c) However, the offense under subsection (b) is a Level 4 felony
27 if:
28 (1) the person has a prior conviction of an offense under
29 subsection (b);
30 (2) the person has a prior conviction of an offense under
31 subsection (d); or
32 (3) the aggregate fair market value of the motor vehicle or
33 component parts exceeds fifty thousand dollars ($50,000).
34 (d) A person who knowingly or intentionally receives, retains,
35 or disposes of a motor vehicle or any component part of a motor
36 vehicle of another person that has been the subject of theft commits
37 receiving stolen auto parts, a Level 5 felony. However, the offense
38 is a Level 4 felony if the person has a prior conviction of an offense
39 under this subsection or subsection (b).
40 SECTION 16. IC 35-43-5-4.8, AS ADDED BY P.L.194-2023,
41 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 4.8. (a) The following definitions apply
2024 IN 1256—LS 6280/DI 151 21
1 throughout this section:
2 (1) "Automated sales suppression device" means a software
3 program:
4 (A) carried on a memory stick or removable compact disc;
5 (B) accessed through an Internet link; or
6 (C) accessed through any other means;
7 that falsifies the electronic records of electronic cash registers and
8 other point of sale systems, including transaction data and
9 transaction reports.
10 (2) "Electronic cash register" means a device that keeps a register
11 or supporting documents through the means of an electronic
12 device or a computer system designed to record transaction data
13 for the purpose of computing, compiling, or processing retail sales
14 transaction data in any manner.
15 (3) "Phantom-ware" means a hidden, a preinstalled, or an installed
16 at a later time programming option embedded in the operating
17 system of an electronic cash register, or hardwired into the
18 electronic cash register that:
19 (A) can be used to create a virtual second till; or
20 (B) may eliminate or manipulate transaction records that may
21 or may not be preserved in digital formats to represent the true
22 or manipulated record of transactions in the electronic cash
23 register.
24 (4) "Transaction data" includes information regarding:
25 (A) items purchased by a customer;
26 (B) the price for each item;
27 (C) a taxability determination for each item;
28 (D) a segregated tax amount for each of the taxed items;
29 (E) the amount of cash or credit tendered;
30 (F) the net amount returned to the customer in change;
31 (G) the date and time of the purchase;
32 (H) the name, address, and identification number of the
33 vendor; and
34 (I) the receipt or invoice number of the transaction.
35 (5) "Transaction report" means:
36 (A) a report that includes:
37 (i) the sales;
38 (ii) taxes collected;
39 (iii) media totals; and
40 (iv) discount voids;
41 at an electronic cash register that is printed on cash register
42 tape at the end of a day or shift; or
2024 IN 1256—LS 6280/DI 151 22
1 (B) a report documenting every action at an electronic cash
2 register that is stored electronically.
3 (6) "Zapper" refers to an automated sales suppression device.
4 (b) A person who knowingly or intentionally sells, purchases,
5 installs, transfers, or possesses:
6 (1) an automated sales suppression device or a zapper; or
7 (2) phantom-ware;
8 after June 30, 2023, commits unlawful sale or possession of a
9 transaction manipulation device, a Class A misdemeanor, except as
10 provided in subsection (c).
11 (c) The offense under subsection (b) is:
12 (1) a Level 6 felony if:
13 (A) the pecuniary loss caused by the offense is at least seven
14 hundred fifty dollars ($750) and less than fifty thousand
15 dollars ($50,000); or
16 (B) the person has a prior unrelated conviction for:
17 (i) a violation of this section;
18 (ii) theft under IC 35-43-4-2;
19 (iii) criminal conversion under IC 35-43-4-3;
20 (iv) robbery under IC 35-42-5-1; or
21 (v) carjacking under IC 35-42-5-3;
22 (vi) auto theft under IC 35-43-4-2.1; or
23 (v) (vii) burglary under IC 35-43-2-1; and
24 (2) a Level 5 felony if the pecuniary loss caused by the offense is
25 at least fifty thousand dollars ($50,000).
26 SECTION 17. IC 35-45-6-1, AS AMENDED BY P.L.185-2023,
27 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2024]: Sec. 1. (a) The definitions in this section apply
29 throughout this chapter.
30 (b) "Documentary material" means any document, drawing,
31 photograph, recording, or other tangible item containing compiled data
32 from which information can be either obtained or translated into a
33 usable form.
34 (c) "Enterprise" means:
35 (1) a sole proprietorship, corporation, limited liability company,
36 partnership, business trust, or governmental entity; or
37 (2) a union, an association, or a group, whether a legal entity or
38 merely associated in fact.
39 (d) "Pattern of racketeering activity" means engaging in at least two
40 (2) incidents of racketeering activity that have the same or similar
41 intent, result, accomplice, victim, or method of commission, or that are
42 otherwise interrelated by distinguishing characteristics that are not
2024 IN 1256—LS 6280/DI 151 23
1 isolated incidents. However, the incidents are a pattern of racketeering
2 activity only if at least one (1) of the incidents occurred after August
3 31, 1980, and if the last of the incidents occurred within five (5) years
4 after a prior incident of racketeering activity.
5 (e) "Racketeering activity" means to commit, to attempt to commit,
6 to conspire to commit a violation of, or aiding and abetting in a
7 violation of any of the following:
8 (1) A provision of IC 23-19, or of a rule or order issued under
9 IC 23-19.
10 (2) A violation of IC 35-45-9.
11 (3) A violation of IC 35-47.
12 (4) A violation of IC 35-49-3.
13 (5) Murder (IC 35-42-1-1).
14 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
15 felony after June 30, 2014 (IC 35-42-2-1).
16 (7) Kidnapping (IC 35-42-3-2).
17 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
18 (9) Child exploitation (IC 35-42-4-4).
19 (10) Robbery (IC 35-42-5-1).
20 (11) Carjacking (IC 35-42-5-2) (before its repeal). (IC
21 35-42-5-3).
22 (12) Arson (IC 35-43-1-1).
23 (13) Burglary (IC 35-43-2-1).
24 (14) Theft (IC 35-43-4-2).
25 (15) Receiving stolen property (IC 35-43-4-2) (before its
26 amendment on July 1, 2018).
27 (16) Forgery (IC 35-43-5-2).
28 (17) An offense under IC 35-43-5.
29 (18) Bribery (IC 35-44.1-1-2).
30 (19) Official misconduct (IC 35-44.1-1-1).
31 (20) Conflict of interest (IC 35-44.1-1-4).
32 (21) Perjury (IC 35-44.1-2-1).
33 (22) Obstruction of justice (IC 35-44.1-2-2).
34 (23) Intimidation (IC 35-45-2-1).
35 (24) Promoting prostitution (IC 35-45-4-4).
36 (25) Professional gambling (IC 35-45-5-3).
37 (26) Maintaining a professional gambling site (IC
38 35-45-5-3.5(b)).
39 (27) Promoting professional gambling (IC 35-45-5-4).
40 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
41 35-48-4-1).
42 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
2024 IN 1256—LS 6280/DI 151 24
1 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
2 (31) Dealing in a schedule I, II, or III controlled substance (IC
3 35-48-4-2).
4 (32) Dealing in a schedule IV controlled substance (IC
5 35-48-4-3).
6 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
7 (34) Dealing in marijuana, hash oil, hashish, or salvia (IC
8 35-48-4-10).
9 (35) Money laundering (IC 35-45-15-5).
10 (36) A violation of IC 35-47.5-5.
11 (37) A violation of any of the following:
12 (A) IC 23-14-48-9.
13 (B) IC 30-2-9-7(b).
14 (C) IC 30-2-10-9(b).
15 (D) IC 30-2-13-38(f).
16 (38) Practice of law by a person who is not an attorney (IC
17 33-43-2-1).
18 (39) An offense listed in IC 35-48-4 involving the manufacture or
19 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
20 synthetic drug lookalike substance (as defined in
21 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
22 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
23 substance analog (as defined in IC 35-48-1-9.3), or a substance
24 represented to be a controlled substance (as described in
25 IC 35-48-4-4.6).
26 (40) Dealing in a controlled substance resulting in death (IC
27 35-42-1-1.5).
28 (41) Organized retail theft (IC 35-43-4-2.2).
29 (42) Auto theft (IC 35-43-4-2.1).
30 SECTION 18. IC 35-47-4-5, AS AMENDED BY P.L.28-2023,
31 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2024]: Sec. 5. (a) As used in this section, "serious violent
33 felon" means a person who has been convicted of committing a serious
34 violent felony.
35 (b) As used in this section, "serious violent felony" means:
36 (1) murder (IC 35-42-1-1);
37 (2) attempted murder (IC 35-41-5-1);
38 (3) voluntary manslaughter (IC 35-42-1-3);
39 (4) reckless homicide not committed by means of a vehicle (IC
40 35-42-1-5);
41 (5) battery (IC 35-42-2-1) as a:
42 (A) Class A felony, Class B felony, or Class C felony, for a
2024 IN 1256—LS 6280/DI 151 25
1 crime committed before July 1, 2014; or
2 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
3 felony, for a crime committed after June 30, 2014;
4 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
5 3 felony, Level 4 felony, or Level 5 felony;
6 (7) aggravated battery (IC 35-42-2-1.5);
7 (8) strangulation (IC 35-42-2-9);
8 (9) kidnapping (IC 35-42-3-2);
9 (10) criminal confinement (IC 35-42-3-3);
10 (11) a human or sexual trafficking offense under IC 35-42-3.5;
11 (12) rape (IC 35-42-4-1);
12 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
13 (14) child molesting (IC 35-42-4-3);
14 (15) sexual battery (IC 35-42-4-8) as a:
15 (A) Class C felony, for a crime committed before July 1, 2014;
16 or
17 (B) Level 5 felony, for a crime committed after June 30, 2014;
18 (16) robbery (IC 35-42-5-1);
19 (17) carjacking (IC 5-42-5-2) (before its repeal); (IC 35-42-5-3);
20 (18) arson (IC 35-43-1-1(a)) as a:
21 (A) Class A felony or Class B felony, for a crime committed
22 before July 1, 2014; or
23 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
24 crime committed after June 30, 2014;
25 (19) burglary (IC 35-43-2-1) as a:
26 (A) Class A felony or Class B felony, for a crime committed
27 before July 1, 2014; or
28 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
29 felony, for a crime committed after June 30, 2014;
30 (20) assisting a criminal (IC 35-44.1-2-5) as a:
31 (A) Class C felony, for a crime committed before July 1, 2014;
32 or
33 (B) Level 5 felony, for a crime committed after June 30, 2014;
34 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
35 (A) Class B felony or Class C felony, for a crime committed
36 before July 1, 2014; or
37 (B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
38 crime committed after June 30, 2014;
39 (22) escape (IC 35-44.1-3-4) as a:
40 (A) Class B felony or Class C felony, for a crime committed
41 before July 1, 2014; or
42 (B) Level 4 felony or Level 5 felony, for a crime committed
2024 IN 1256—LS 6280/DI 151 26
1 after June 30, 2014;
2 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
3 (A) Class C felony, for a crime committed before July 1, 2014;
4 or
5 (B) Level 5 felony, for a crime committed after June 30, 2014;
6 (24) criminal organization intimidation (IC 35-45-9-4);
7 (25) stalking (IC 35-45-10-5) as a:
8 (A) Class B felony or Class C felony, for a crime committed
9 before July 1, 2014; or
10 (B) Level 4 felony or Level 5 felony, for a crime committed
11 after June 30, 2014;
12 (26) incest (IC 35-46-1-3);
13 (27) dealing in or manufacturing cocaine or a narcotic drug (IC
14 35-48-4-1);
15 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
16 manufacturing methamphetamine (IC 35-48-4-1.2);
17 (29) dealing in a schedule I, II, or III controlled substance (IC
18 35-48-4-2);
19 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
20 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
21 or
22 (32) dealing in a controlled substance resulting in death (IC
23 35-42-1-1.5).
24 (c) A serious violent felon who knowingly or intentionally possesses
25 a firearm commits unlawful possession of a firearm by a serious violent
26 felon, a Level 4 felony.
27 SECTION 19. IC 35-50-1-2, AS AMENDED BY P.L.142-2020,
28 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 2. (a) As used in this section, "crime of violence"
30 means the following:
31 (1) Murder (IC 35-42-1-1).
32 (2) Attempted murder (IC 35-41-5-1).
33 (3) Voluntary manslaughter (IC 35-42-1-3).
34 (4) Involuntary manslaughter (IC 35-42-1-4).
35 (5) Reckless homicide (IC 35-42-1-5).
36 (6) Battery (IC 35-42-2-1) as a:
37 (A) Level 2 felony;
38 (B) Level 3 felony;
39 (C) Level 4 felony; or
40 (D) Level 5 felony.
41 (7) Domestic battery (IC 35-42-2-1.3) as a:
42 (A) Level 2 felony;
2024 IN 1256—LS 6280/DI 151 27
1 (B) Level 3 felony;
2 (C) Level 4 felony; or
3 (D) Level 5 felony.
4 (8) Aggravated battery (IC 35-42-2-1.5).
5 (9) Kidnapping (IC 35-42-3-2).
6 (10) Rape (IC 35-42-4-1).
7 (11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
8 (12) Child molesting (IC 35-42-4-3).
9 (13) Sexual misconduct with a minor as a Level 1 felony under
10 IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
11 (14) Robbery as a Level 2 felony or a Level 3 felony (IC
12 35-42-5-1).
13 (15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
14 or Level 4 felony (IC 35-43-2-1).
15 (16) Operating a vehicle while intoxicated causing death or
16 catastrophic injury (IC 9-30-5-5).
17 (17) Operating a vehicle while intoxicated causing serious bodily
18 injury to another person (IC 9-30-5-4).
19 (18) Child exploitation as a Level 5 felony under IC 35-42-4-4(b)
20 or a Level 4 felony under IC 35-42-4-4(c).
21 (19) Resisting law enforcement as a felony (IC 35-44.1-3-1).
22 (20) Unlawful possession of a firearm by a serious violent felon
23 (IC 35-47-4-5).
24 (21) Strangulation (IC 35-42-2-9) as a Level 5 felony.
25 (22) Carjacking as a Level 2 felony or a Level 3 felony (IC
26 35-42-5-3).
27 (b) As used in this section, "episode of criminal conduct" means
28 offenses or a connected series of offenses that are closely related in
29 time, place, and circumstance.
30 (c) Except as provided in subsection (e) or (f) the court shall
31 determine whether terms of imprisonment shall be served concurrently
32 or consecutively. The court may consider the:
33 (1) aggravating circumstances in IC 35-38-1-7.1(a); and
34 (2) mitigating circumstances in IC 35-38-1-7.1(b);
35 in making a determination under this subsection. The court may order
36 terms of imprisonment to be served consecutively even if the sentences
37 are not imposed at the same time. However, except for crimes of
38 violence, the total of the consecutive terms of imprisonment, exclusive
39 of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10
40 (before its repeal) to which the defendant is sentenced for felony
41 convictions arising out of an episode of criminal conduct shall not
42 exceed the period described in subsection (d).
2024 IN 1256—LS 6280/DI 151 28
1 (d) Except as provided in subsection (c), the total of the consecutive
2 terms of imprisonment to which the defendant is sentenced for felony
3 convictions arising out of an episode of criminal conduct may not
4 exceed the following:
5 (1) If the most serious crime for which the defendant is sentenced
6 is a Level 6 felony, the total of the consecutive terms of
7 imprisonment may not exceed four (4) years.
8 (2) If the most serious crime for which the defendant is sentenced
9 is a Level 5 felony, the total of the consecutive terms of
10 imprisonment may not exceed seven (7) years.
11 (3) If the most serious crime for which the defendant is sentenced
12 is a Level 4 felony, the total of the consecutive terms of
13 imprisonment may not exceed fifteen (15) years.
14 (4) If the most serious crime for which the defendant is sentenced
15 is a Level 3 felony, the total of the consecutive terms of
16 imprisonment may not exceed twenty (20) years.
17 (5) If the most serious crime for which the defendant is sentenced
18 is a Level 2 felony, the total of the consecutive terms of
19 imprisonment may not exceed thirty-two (32) years.
20 (6) If the most serious crime for which the defendant is sentenced
21 is a Level 1 felony, the total of the consecutive terms of
22 imprisonment may not exceed forty-two (42) years.
23 (e) If, after being arrested for one (1) crime, a person commits
24 another crime:
25 (1) before the date the person is discharged from probation,
26 parole, or a term of imprisonment imposed for the first crime; or
27 (2) while the person is released:
28 (A) upon the person's own recognizance; or
29 (B) on bond;
30 the terms of imprisonment for the crimes shall be served consecutively,
31 regardless of the order in which the crimes are tried and sentences are
32 imposed.
33 (f) If the factfinder determines under IC 35-50-2-11 that a person
34 used a firearm in the commission of the offense for which the person
35 was convicted, the term of imprisonment for the underlying offense and
36 the additional term of imprisonment imposed under IC 35-50-2-11
37 must be served consecutively.
38 SECTION 20. IC 35-50-2-9, AS AMENDED BY P.L.65-2016,
39 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2024]: Sec. 9. (a) The state may seek either a death sentence
41 or a sentence of life imprisonment without parole for murder by
42 alleging, on a page separate from the rest of the charging instrument,
2024 IN 1256—LS 6280/DI 151 29
1 the existence of at least one (1) of the aggravating circumstances listed
2 in subsection (b). In the sentencing hearing after a person is convicted
3 of murder, the state must prove beyond a reasonable doubt the
4 existence of at least one (1) of the aggravating circumstances alleged.
5 However, the state may not proceed against a defendant under this
6 section if a court determines at a pretrial hearing under IC 35-36-9 that
7 the defendant is an individual with an intellectual disability.
8 (b) The aggravating circumstances are as follows:
9 (1) The defendant committed the murder by intentionally killing
10 the victim while committing or attempting to commit any of the
11 following:
12 (A) Arson (IC 35-43-1-1).
13 (B) Burglary (IC 35-43-2-1).
14 (C) Child molesting (IC 35-42-4-3).
15 (D) Criminal deviate conduct (IC 35-42-4-2) (before its
16 repeal).
17 (E) Kidnapping (IC 35-42-3-2).
18 (F) Rape (IC 35-42-4-1).
19 (G) Robbery (IC 35-42-5-1).
20 (H) Carjacking (IC 35-42-5-2) (before its repeal). (IC
21 35-42-5-3).
22 (I) Criminal organization activity (IC 35-45-9-3).
23 (J) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
24 (K) Criminal confinement (IC 35-42-3-3).
25 (2) The defendant committed the murder by the unlawful
26 detonation of an explosive with intent to injure a person or
27 damage property.
28 (3) The defendant committed the murder by lying in wait.
29 (4) The defendant who committed the murder was hired to kill.
30 (5) The defendant committed the murder by hiring another person
31 to kill.
32 (6) The victim of the murder was a corrections employee,
33 probation officer, parole officer, community corrections worker,
34 home detention officer, fireman, judge, or law enforcement
35 officer, and either:
36 (A) the victim was acting in the course of duty; or
37 (B) the murder was motivated by an act the victim performed
38 while acting in the course of duty.
39 (7) The defendant has been convicted of another murder.
40 (8) The defendant has committed another murder, at any time,
41 regardless of whether the defendant has been convicted of that
42 other murder.
2024 IN 1256—LS 6280/DI 151 30
1 (9) The defendant was:
2 (A) under the custody of the department of correction;
3 (B) under the custody of a county sheriff;
4 (C) on probation after receiving a sentence for the commission
5 of a felony; or
6 (D) on parole;
7 at the time the murder was committed.
8 (10) The defendant dismembered the victim.
9 (11) The defendant:
10 (A) burned, mutilated, or tortured the victim; or
11 (B) decapitated or attempted to decapitate the victim;
12 while the victim was alive.
13 (12) The victim of the murder was less than twelve (12) years of
14 age.
15 (13) The victim was a victim of any of the following offenses for
16 which the defendant was convicted:
17 (A) A battery offense included in IC 35-42-2 committed before
18 July 1, 2014, as a Class D felony or as a Class C felony, or a
19 battery offense included in IC 35-42-2 committed after June
20 30, 2014, as a Level 6 felony, a Level 5 felony, a Level 4
21 felony, or a Level 3 felony.
22 (B) Kidnapping (IC 35-42-3-2).
23 (C) Criminal confinement (IC 35-42-3-3).
24 (D) A sex crime under IC 35-42-4.
25 (14) The victim of the murder was listed by the state or known by
26 the defendant to be a witness against the defendant and the
27 defendant committed the murder with the intent to prevent the
28 person from testifying.
29 (15) The defendant committed the murder by intentionally
30 discharging a firearm (as defined in IC 35-47-1-5):
31 (A) into an inhabited dwelling; or
32 (B) from a vehicle.
33 (16) The victim of the murder was pregnant and the murder
34 resulted in the intentional killing of a fetus that has attained
35 viability (as defined in IC 16-18-2-365).
36 (17) The defendant knowingly or intentionally:
37 (A) committed the murder:
38 (i) in a building primarily used for an educational purpose;
39 (ii) on school property; and
40 (iii) when students are present; or
41 (B) committed the murder:
42 (i) in a building or other structure owned or rented by a state
2024 IN 1256—LS 6280/DI 151 31
1 educational institution or any other public or private
2 postsecondary educational institution and primarily used for
3 an educational purpose; and
4 (ii) at a time when classes are in session.
5 (18) The murder is committed:
6 (A) in a building that is primarily used for religious worship;
7 and
8 (B) at a time when persons are present for religious worship or
9 education.
10 (c) The mitigating circumstances that may be considered under this
11 section are as follows:
12 (1) The defendant has no significant history of prior criminal
13 conduct.
14 (2) The defendant was under the influence of extreme mental or
15 emotional disturbance when the murder was committed.
16 (3) The victim was a participant in or consented to the defendant's
17 conduct.
18 (4) The defendant was an accomplice in a murder committed by
19 another person, and the defendant's participation was relatively
20 minor.
21 (5) The defendant acted under the substantial domination of
22 another person.
23 (6) The defendant's capacity to appreciate the criminality of the
24 defendant's conduct or to conform that conduct to the
25 requirements of law was substantially impaired as a result of
26 mental disease or defect or of intoxication.
27 (7) The defendant was less than eighteen (18) years of age at the
28 time the murder was committed.
29 (8) Any other circumstances appropriate for consideration.
30 (d) If the defendant was convicted of murder in a jury trial, the jury
31 shall reconvene for the sentencing hearing. If the trial was to the court,
32 or the judgment was entered on a guilty plea, the court alone shall
33 conduct the sentencing hearing. The jury or the court may consider all
34 the evidence introduced at the trial stage of the proceedings, together
35 with new evidence presented at the sentencing hearing. The court shall
36 instruct the jury concerning the statutory penalties for murder and any
37 other offenses for which the defendant was convicted, the potential for
38 consecutive or concurrent sentencing, and the availability of
39 educational credit, good time credit, and clemency. The court shall
40 instruct the jury that, in order for the jury to recommend to the court
41 that the death penalty or life imprisonment without parole should be
42 imposed, the jury must find at least one (1) aggravating circumstance
2024 IN 1256—LS 6280/DI 151 32
1 beyond a reasonable doubt as described in subsection (l) and shall
2 provide a special verdict form for each aggravating circumstance
3 alleged. The defendant may present any additional evidence relevant
4 to:
5 (1) the aggravating circumstances alleged; or
6 (2) any of the mitigating circumstances listed in subsection (c).
7 (e) For a defendant sentenced after June 30, 2002, except as
8 provided by IC 35-36-9, if the hearing is by jury, the jury shall
9 recommend to the court whether the death penalty or life imprisonment
10 without parole, or neither, should be imposed. The jury may
11 recommend:
12 (1) the death penalty; or
13 (2) life imprisonment without parole;
14 only if it makes the findings described in subsection (l). If the jury
15 reaches a sentencing recommendation, the court shall sentence the
16 defendant accordingly. After a court pronounces sentence, a
17 representative of the victim's family and friends may present a
18 statement regarding the impact of the crime on family and friends. The
19 impact statement may be submitted in writing or given orally by the
20 representative. The statement shall be given in the presence of the
21 defendant.
22 (f) If a jury is unable to agree on a sentence recommendation after
23 reasonable deliberations, the court shall discharge the jury and proceed
24 as if the hearing had been to the court alone.
25 (g) If the hearing is to the court alone, except as provided by
26 IC 35-36-9, the court shall:
27 (1) sentence the defendant to death; or
28 (2) impose a term of life imprisonment without parole;
29 only if it makes the findings described in subsection (l).
30 (h) If a court sentences a defendant to death, the court shall order
31 the defendant's execution to be carried out not later than one (1) year
32 and one (1) day after the date the defendant was convicted. The
33 supreme court has exclusive jurisdiction to stay the execution of a
34 death sentence. If the supreme court stays the execution of a death
35 sentence, the supreme court shall order a new date for the defendant's
36 execution.
37 (i) If a person sentenced to death by a court files a petition for
38 post-conviction relief, the court, not later than ninety (90) days after the
39 date the petition is filed, shall set a date to hold a hearing to consider
40 the petition. If a court does not, within the ninety (90) day period, set
41 the date to hold the hearing to consider the petition, the court's failure
42 to set the hearing date is not a basis for additional post-conviction
2024 IN 1256—LS 6280/DI 151 33
1 relief. The attorney general shall answer the petition for post-conviction
2 relief on behalf of the state. At the request of the attorney general, a
3 prosecuting attorney shall assist the attorney general. The court shall
4 enter written findings of fact and conclusions of law concerning the
5 petition not later than ninety (90) days after the date the hearing
6 concludes. However, if the court determines that the petition is without
7 merit, the court may dismiss the petition within ninety (90) days
8 without conducting a hearing under this subsection.
9 (j) A death sentence is subject to automatic review by the supreme
10 court. The review, which shall be heard under rules adopted by the
11 supreme court, shall be given priority over all other cases. The supreme
12 court's review must take into consideration all claims that the:
13 (1) conviction or sentence was in violation of the:
14 (A) Constitution of the State of Indiana; or
15 (B) Constitution of the United States;
16 (2) sentencing court was without jurisdiction to impose a
17 sentence; and
18 (3) sentence:
19 (A) exceeds the maximum sentence authorized by law; or
20 (B) is otherwise erroneous.
21 If the supreme court cannot complete its review by the date set by the
22 sentencing court for the defendant's execution under subsection (h), the
23 supreme court shall stay the execution of the death sentence and set a
24 new date to carry out the defendant's execution.
25 (k) A person who has been sentenced to death and who has
26 completed state post-conviction review proceedings may file a written
27 petition with the supreme court seeking to present new evidence
28 challenging the person's guilt or the appropriateness of the death
29 sentence if the person serves notice on the attorney general. The
30 supreme court shall determine, with or without a hearing, whether the
31 person has presented previously undiscovered evidence that
32 undermines confidence in the conviction or the death sentence. If
33 necessary, the supreme court may remand the case to the trial court for
34 an evidentiary hearing to consider the new evidence and its effect on
35 the person's conviction and death sentence. The supreme court may not
36 make a determination in the person's favor nor make a decision to
37 remand the case to the trial court for an evidentiary hearing without
38 first providing the attorney general with an opportunity to be heard on
39 the matter.
40 (l) Before a sentence may be imposed under this section, the jury,
41 in a proceeding under subsection (e), or the court, in a proceeding
42 under subsection (g), must find that:
2024 IN 1256—LS 6280/DI 151 34
1 (1) the state has proved beyond a reasonable doubt that at least
2 one (1) of the aggravating circumstances listed in subsection (b)
3 exists; and
4 (2) any mitigating circumstances that exist are outweighed by the
5 aggravating circumstance or circumstances.
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