Indiana 2024 Regular Session

Indiana House Bill HB1279 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. 1279
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-50-1-2.
7	7	Synopsis: Sentencing and incarceration. Requires the court to consider
8	8	certain factors in determining whether a sentence should be served
9	9	consecutively or concurrently.
10	10	Effective: July 1, 2024.
11	11	Pierce K
12	12	January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
13	13	2024 IN 1279—LS 6892/DI 106 Introduced
14	14	Second Regular Session of the 123rd General Assembly (2024)
15	15	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
16	16	Constitution) is being amended, the text of the existing provision will appear in this style type,
17	17	additions will appear in this style type, and deletions will appear in this style type.
18	18	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
19	19	provision adopted), the text of the new provision will appear in this style type. Also, the
20	20	word NEW will appear in that style type in the introductory clause of each SECTION that adds
21	21	a new provision to the Indiana Code or the Indiana Constitution.
22	22	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
23	23	between statutes enacted by the 2023 Regular Session of the General Assembly.
24	24	HOUSE BILL No. 1279
25	25	A BILL FOR AN ACT to amend the Indiana Code concerning
26	26	criminal law and procedure.
27	27	Be it enacted by the General Assembly of the State of Indiana:
28	28	1 SECTION 1. IC 35-50-1-2, AS AMENDED BY P.L.142-2020,
29	29	2 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30	30	3 JULY 1, 2024]: Sec. 2. (a) As used in this section, "crime of violence"
31	31	4 means the following:
32	32	5 (1) Murder (IC 35-42-1-1).
33	33	6 (2) Attempted murder (IC 35-41-5-1).
34	34	7 (3) Voluntary manslaughter (IC 35-42-1-3).
35	35	8 (4) Involuntary manslaughter (IC 35-42-1-4).
36	36	9 (5) Reckless homicide (IC 35-42-1-5).
37	37	10 (6) Battery (IC 35-42-2-1) as a:
38	38	11 (A) Level 2 felony;
39	39	12 (B) Level 3 felony;
40	40	13 (C) Level 4 felony; or
41	41	14 (D) Level 5 felony.
42	42	15 (7) Domestic battery (IC 35-42-2-1.3) as a:
43	43	16 (A) Level 2 felony;
44	44	17 (B) Level 3 felony;
45	45	2024 IN 1279—LS 6892/DI 106 2
46	46	1 (C) Level 4 felony; or
47	47	2 (D) Level 5 felony.
48	48	3 (8) Aggravated battery (IC 35-42-2-1.5).
49	49	4 (9) Kidnapping (IC 35-42-3-2).
50	50	5 (10) Rape (IC 35-42-4-1).
51	51	6 (11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
52	52	7 (12) Child molesting (IC 35-42-4-3).
53	53	8 (13) Sexual misconduct with a minor as a Level 1 felony under
54	54	9 IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
55	55	10 (14) Robbery as a Level 2 felony or a Level 3 felony (IC
56	56	11 35-42-5-1).
57	57	12 (15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
58	58	13 or Level 4 felony (IC 35-43-2-1).
59	59	14 (16) Operating a vehicle while intoxicated causing death or
60	60	15 catastrophic injury (IC 9-30-5-5).
61	61	16 (17) Operating a vehicle while intoxicated causing serious bodily
62	62	17 injury to another person (IC 9-30-5-4).
63	63	18 (18) Child exploitation as a Level 5 felony under IC 35-42-4-4(b)
64	64	19 or a Level 4 felony under IC 35-42-4-4(c).
65	65	20 (19) Resisting law enforcement as a felony (IC 35-44.1-3-1).
66	66	21 (20) Unlawful possession of a firearm by a serious violent felon
67	67	22 (IC 35-47-4-5).
68	68	23 (21) Strangulation (IC 35-42-2-9) as a Level 5 felony.
69	69	24 (b) As used in this section, "episode of criminal conduct" means
70	70	25 offenses or a connected series of offenses that are closely related in
71	71	26 time, place, and circumstance.
72	72	27 (c) Except as provided in subsection (e) or (f), the court shall
73	73	28 determine whether terms of imprisonment shall be served concurrently
74	74	29 or consecutively. In determining whether a sentence should be
75	75	30 served concurrently or consecutively, the court may shall consider:
76	76	31 the
77	77	32 (1) the aggravating circumstances in IC 35-38-1-7.1(a); and
78	78	33 (2) the mitigating circumstances in IC 35-38-1-7.1(b); and
79	79	34 (3) whether the crime is a crime of violence;
80	80	35 in making a determination under this subsection. The court may order
81	81	36 terms of imprisonment to be served consecutively even if the sentences
82	82	37 are not imposed at the same time. However, except for crimes of
83	83	38 violence, the total of the consecutive terms of imprisonment, exclusive
84	84	39 of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10
85	85	40 (before its repeal) to which the defendant is sentenced for felony
86	86	41 convictions arising out of an episode of criminal conduct shall not
87	87	42 exceed the period described in subsection (d).
88	88	2024 IN 1279—LS 6892/DI 106 3
89	89	1 (d) Except as provided in subsection (c), the total of the consecutive
90	90	2 terms of imprisonment to which the defendant is sentenced for felony
91	91	3 convictions arising out of an episode of criminal conduct may not
92	92	4 exceed the following:
93	93	5 (1) If the most serious crime for which the defendant is sentenced
94	94	6 is a Level 6 felony, the total of the consecutive terms of
95	95	7 imprisonment may not exceed four (4) years.
96	96	8 (2) If the most serious crime for which the defendant is sentenced
97	97	9 is a Level 5 felony, the total of the consecutive terms of
98	98	10 imprisonment may not exceed seven (7) years.
99	99	11 (3) If the most serious crime for which the defendant is sentenced
100	100	12 is a Level 4 felony, the total of the consecutive terms of
101	101	13 imprisonment may not exceed fifteen (15) years.
102	102	14 (4) If the most serious crime for which the defendant is sentenced
103	103	15 is a Level 3 felony, the total of the consecutive terms of
104	104	16 imprisonment may not exceed twenty (20) years.
105	105	17 (5) If the most serious crime for which the defendant is sentenced
106	106	18 is a Level 2 felony, the total of the consecutive terms of
107	107	19 imprisonment may not exceed thirty-two (32) years.
108	108	20 (6) If the most serious crime for which the defendant is sentenced
109	109	21 is a Level 1 felony, the total of the consecutive terms of
110	110	22 imprisonment may not exceed forty-two (42) years.
111	111	23 (e) If, after being arrested for one (1) crime, a person commits
112	112	24 another crime:
113	113	25 (1) before the date the person is discharged from probation,
114	114	26 parole, or a term of imprisonment imposed for the first crime; or
115	115	27 (2) while the person is released:
116	116	28 (A) upon the person's own recognizance; or
117	117	29 (B) on bond;
118	118	30 the terms of imprisonment for the crimes shall be served consecutively,
119	119	31 regardless of the order in which the crimes are tried and sentences are
120	120	32 imposed.
121	121	33 (f) If the factfinder determines under IC 35-50-2-11 that a person
122	122	34 used a firearm in the commission of the offense for which the person
123	123	35 was convicted, the term of imprisonment for the underlying offense and
124	124	36 the additional term of imprisonment imposed under IC 35-50-2-11
125	125	37 must be served consecutively.
126	126	2024 IN 1279—LS 6892/DI 106