Indiana 2024 Regular Session

Indiana House Bill HB1307 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. 1307
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 11-8-8-19; IC 35-31.5-2-292.8; IC 35-42-4-15.
7	7	Synopsis: Sex offenders. Specifies that a person required to register
8	8	as a sex offender in another jurisdiction who moves to Indiana is
9	9	required to register for life in Indiana. Prohibits a serious sex offender
10	10	from entering a public park while a child is present, makes a violation
11	11	a Class A misdemeanor, and increases the penalty to a Level 6 felony
12	12	for a subsequent offense.
13	13	Effective: July 1, 2024.
14	14	Smaltz
15	15	January 10, 2024, read first time and referred to Committee on Courts and Criminal Code.
16	16	2024 IN 1307—LS 6747/DI 106 Introduced
17	17	Second Regular Session of the 123rd General Assembly (2024)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2023 Regular Session of the General Assembly.
27	27	HOUSE BILL No. 1307
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning
29	29	criminal law and procedure.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 11-8-8-19, AS AMENDED BY P.L.40-2019,
32	32	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33	33	3 JULY 1, 2024]: Sec. 19. (a) Except as provided in subsections (b)
34	34	4 through (f), a sex or violent offender is required to register under this
35	35	5 chapter until the expiration of ten (10) years after the date the sex or
36	36	6 violent offender:
37	37	7 (1) is released from a penal facility (as defined in
38	38	8 IC 35-31.5-2-232) or a secure juvenile detention facility of a state
39	39	9 or another jurisdiction;
40	40	10 (2) is placed in a community transition program;
41	41	11 (3) is placed in a community corrections program;
42	42	12 (4) is placed on parole; or
43	43	13 (5) is placed on probation;
44	44	14 for the sex or violent offense requiring registration, whichever occurs
45	45	15 last. The registration period is tolled during any period that the sex or
46	46	16 violent offender is incarcerated. The registration period does not restart
47	47	17 if the offender is convicted of a subsequent offense. However, if the
48	48	2024 IN 1307—LS 6747/DI 106 2
49	49	1 subsequent offense is a sex or violent offense, or an offense under
50	50	2 IC 11-8-8-17, a new registration period may be imposed in accordance
51	51	3 with this chapter. The department shall ensure that an offender who is
52	52	4 no longer required to register as a sex or violent offender is notified
53	53	5 that the obligation to register has expired, and shall ensure that the
54	54	6 offender's information is no longer published to the public portal of the
55	55	7 sex and violent offender registry Internet web site website established
56	56	8 under IC 36-2-13-5.5.
57	57	9 (b) A sex or violent offender who is a sexually violent predator is
58	58	10 required to register for life.
59	59	11 (c) A sex or violent offender who is convicted of at least one (1)
60	60	12 offense under section 5(a) of this chapter that the sex or violent
61	61	13 offender committed:
62	62	14 (1) when the person was at least eighteen (18) years of age; and
63	63	15 (2) against a victim who was less than twelve (12) years of age at
64	64	16 the time of the crime;
65	65	17 is required to register for life.
66	66	18 (d) A sex or violent offender who is convicted of at least one (1)
67	67	19 offense under section 5(a) of this chapter in which the sex offender:
68	68	20 (1) proximately caused serious bodily injury or death to the
69	69	21 victim;
70	70	22 (2) used force or the threat of force against the victim or a
71	71	23 member of the victim's family, unless the offense is sexual battery
72	72	24 as a Class D felony (for an offense committed before July 1,
73	73	25 2014) or a Level 6 felony (for a crime committed after June 30,
74	74	26 2014); or
75	75	27 (3) rendered the victim unconscious or otherwise incapable of
76	76	28 giving voluntary consent;
77	77	29 is required to register for life.
78	78	30 (e) A sex or violent offender who is convicted of at least two (2)
79	79	31 unrelated offenses under section 5(a) of this chapter is required to
80	80	32 register for life.
81	81	33 (f) A person who is required to register as a sex or violent offender
82	82	34 in any other jurisdiction shall register for the period required by the
83	83	35 other jurisdiction or the period described in this section, whichever is
84	84	36 longer. life.
85	85	37 SECTION 2. IC 35-31.5-2-292.8, AS ADDED BY P.L.235-2015,
86	86	38 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
87	87	39 JULY 1, 2024]: Sec. 292.8. "Serious sex offender", for purposes of
88	88	40 IC 35-42-4-14, IC 35-42-4, has the meaning set forth in
89	89	41 IC 35-42-4-14(a). IC 35-42-4-14.
90	90	42 SECTION 3. IC 35-42-4-15 IS ADDED TO THE INDIANA CODE
91	91	2024 IN 1307—LS 6747/DI 106 3
92	92	1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
93	93	2 1, 2024]: Sec. 15. (a) As used in this section, "serious sex offender"
94	94	3 has the meaning set forth in section 14 of this chapter.
95	95	4 (b) A serious sex offender who knowingly or intentionally enters
96	96	5 a public park while a child less than eighteen (18) years of age is
97	97	6 present commits unlawful entry into a public park by a sex
98	98	7 offender, a Class A misdemeanor. However, the offense is a Level
99	99	8 6 felony if the person has a prior unrelated conviction for a
100	100	9 violation of this section.
101	101	2024 IN 1307—LS 6747/DI 106