Introduced Version
HOUSE BILL No. 1279
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-50-1-2.
Synopsis: Sentencing and incarceration. Requires the court to consider
certain factors in determining whether a sentence should be served
consecutively or concurrently.
Effective: July 1, 2024.
Pierce K
January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024 IN 1279—LS 6892/DI 106 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1279
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 35-50-1-2, AS AMENDED BY P.L.142-2020,
2 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 2. (a) As used in this section, "crime of violence"
4 means the following:
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) Battery (IC 35-42-2-1) as a:
11 (A) Level 2 felony;
12 (B) Level 3 felony;
13 (C) Level 4 felony; or
14 (D) Level 5 felony.
15 (7) Domestic battery (IC 35-42-2-1.3) as a:
16 (A) Level 2 felony;
17 (B) Level 3 felony;
2024 IN 1279—LS 6892/DI 106 2
1 (C) Level 4 felony; or
2 (D) Level 5 felony.
3 (8) Aggravated battery (IC 35-42-2-1.5).
4 (9) Kidnapping (IC 35-42-3-2).
5 (10) Rape (IC 35-42-4-1).
6 (11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
7 (12) Child molesting (IC 35-42-4-3).
8 (13) Sexual misconduct with a minor as a Level 1 felony under
9 IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
10 (14) Robbery as a Level 2 felony or a Level 3 felony (IC
11 35-42-5-1).
12 (15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
13 or Level 4 felony (IC 35-43-2-1).
14 (16) Operating a vehicle while intoxicated causing death or
15 catastrophic injury (IC 9-30-5-5).
16 (17) Operating a vehicle while intoxicated causing serious bodily
17 injury to another person (IC 9-30-5-4).
18 (18) Child exploitation as a Level 5 felony under IC 35-42-4-4(b)
19 or a Level 4 felony under IC 35-42-4-4(c).
20 (19) Resisting law enforcement as a felony (IC 35-44.1-3-1).
21 (20) Unlawful possession of a firearm by a serious violent felon
22 (IC 35-47-4-5).
23 (21) Strangulation (IC 35-42-2-9) as a Level 5 felony.
24 (b) As used in this section, "episode of criminal conduct" means
25 offenses or a connected series of offenses that are closely related in
26 time, place, and circumstance.
27 (c) Except as provided in subsection (e) or (f), the court shall
28 determine whether terms of imprisonment shall be served concurrently
29 or consecutively. In determining whether a sentence should be
30 served concurrently or consecutively, the court may shall consider:
31 the
32 (1) the aggravating circumstances in IC 35-38-1-7.1(a); and
33 (2) the mitigating circumstances in IC 35-38-1-7.1(b); and
34 (3) whether the crime is a crime of violence;
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 1279—LS 6892/DI 106 3
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.
2024 IN 1279—LS 6892/DI 106