Indiana 2024 Regular Session

Indiana House Bill HB1307 Latest Draft

Bill / Introduced Version Filed 01/10/2024

                             
Introduced Version
HOUSE BILL No. 1307
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DIGEST OF INTRODUCED BILL
Citations Affected:  IC 11-8-8-19; IC 35-31.5-2-292.8; IC 35-42-4-15.
Synopsis: Sex offenders. Specifies that a person required to register
as a sex offender in another jurisdiction who moves to Indiana is
required to register for life in Indiana. Prohibits a serious sex offender
from entering a public park while a child is present, makes a violation
a Class A misdemeanor, and increases the penalty to a Level 6 felony
for a subsequent offense.
Effective:  July 1, 2024.
Smaltz
January 10, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024	IN 1307—LS 6747/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
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. 1307
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 11-8-8-19, AS AMENDED BY P.L.40-2019,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 19. (a) Except as provided in subsections (b)
4 through (f), a sex or violent offender is required to register under this
5 chapter until the expiration of ten (10) years after the date the sex or
6 violent offender:
7 (1) is released from a penal facility (as defined in
8 IC 35-31.5-2-232) or a secure juvenile detention facility of a state
9 or another jurisdiction;
10 (2) is placed in a community transition program;
11 (3) is placed in a community corrections program;
12 (4) is placed on parole; or
13 (5) is placed on probation;
14 for the sex or violent offense requiring registration, whichever occurs
15 last. The registration period is tolled during any period that the sex or
16 violent offender is incarcerated. The registration period does not restart
17 if the offender is convicted of a subsequent offense. However, if the
2024	IN 1307—LS 6747/DI 106 2
1 subsequent offense is a sex or violent offense, or an offense under
2 IC 11-8-8-17, a new registration period may be imposed in accordance
3 with this chapter. The department shall ensure that an offender who is
4 no longer required to register as a sex or violent offender is notified
5 that the obligation to register has expired, and shall ensure that the
6 offender's information is no longer published to the public portal of the
7 sex and violent offender registry Internet web site website established
8 under IC 36-2-13-5.5.
9 (b) A sex or violent offender who is a sexually violent predator is
10 required to register for life.
11 (c) A sex or violent offender who is convicted of at least one (1)
12 offense under section 5(a) of this chapter that the sex or violent
13 offender committed:
14 (1) when the person was at least eighteen (18) years of age; and
15 (2) against a victim who was less than twelve (12) years of age at
16 the time of the crime;
17 is required to register for life.
18 (d) A sex or violent offender who is convicted of at least one (1)
19 offense under section 5(a) of this chapter in which the sex offender:
20 (1) proximately caused serious bodily injury or death to the
21 victim;
22 (2) used force or the threat of force against the victim or a
23 member of the victim's family, unless the offense is sexual battery
24 as a Class D felony (for an offense committed before July 1,
25 2014) or a Level 6 felony (for a crime committed after June 30,
26 2014); or
27 (3) rendered the victim unconscious or otherwise incapable of
28 giving voluntary consent;
29 is required to register for life.
30 (e) A sex or violent offender who is convicted of at least two (2)
31 unrelated offenses under section 5(a) of this chapter is required to
32 register for life.
33 (f) A person who is required to register as a sex or violent offender
34 in any other jurisdiction shall register for the period required by the
35 other jurisdiction or the period described in this section, whichever is
36 longer. life. 
37 SECTION 2. IC 35-31.5-2-292.8, AS ADDED BY P.L.235-2015,
38 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2024]: Sec. 292.8. "Serious sex offender", for purposes of
40 IC 35-42-4-14, IC 35-42-4, has the meaning set forth in
41 IC 35-42-4-14(a). IC 35-42-4-14.
42 SECTION 3. IC 35-42-4-15 IS ADDED TO THE INDIANA CODE
2024	IN 1307—LS 6747/DI 106 3
1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2 1, 2024]: Sec. 15. (a) As used in this section, "serious sex offender"
3 has the meaning set forth in section 14 of this chapter.
4 (b) A serious sex offender who knowingly or intentionally enters
5 a public park while a child less than eighteen (18) years of age is
6 present commits unlawful entry into a public park by a sex
7 offender, a Class A misdemeanor. However, the offense is a Level
8 6 felony if the person has a prior unrelated conviction for a
9 violation of this section.
2024	IN 1307—LS 6747/DI 106