Indiana 2024 Regular Session

Indiana House Bill HB1356 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. 1356
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 7.1-5-1.
7	7	Synopsis: Immunity if seeking aid for drug overdose victim. Specifies
8	8	that the arrest and criminal immunity provisions of the lifeline law also
9	9	apply to a person less than 21 years of age who commits an offense
10	10	involving the possession of a controlled substance, paraphernalia, or a
11	11	syringe.
12	12	Effective: July 1, 2024.
13	13	Garcia Wilburn, Gore
14	14	January 10, 2024, read first time and referred to Committee on Courts and Criminal Code.
15	15	2024 IN 1356—LS 6283/DI 106 Introduced
16	16	Second Regular Session of the 123rd General Assembly (2024)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2023 Regular Session of the General Assembly.
26	26	HOUSE BILL No. 1356
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning
28	28	criminal law and procedure.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 7.1-5-1-6.5, AS AMENDED BY P.L.156-2014,
31	31	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32	32	3 JULY 1, 2024]: Sec. 6.5. (a) A law enforcement officer may not take
33	33	4 a person into custody based solely on the commission of an offense
34	34	5 involving alcohol described in subsection (b) or an offense described
35	35	6 in subsection (b) involving possession of a controlled substance,
36	36	7 paraphernalia, or a syringe by a person less than twenty-one (21)
37	37	8 years of age if the law enforcement officer, after making a reasonable
38	38	9 determination and considering the facts and surrounding
39	39	10 circumstances, reasonably believes that all of the following apply:
40	40	11 (1) The law enforcement officer has contact with the person
41	41	12 because the person:
42	42	13 (A) either:
43	43	14 (i) requested emergency medical assistance; or
44	44	15 (ii) acted in concert with another person who requested
45	45	16 emergency medical assistance;
46	46	17 for an individual who reasonably appeared to be in need of
47	47	2024 IN 1356—LS 6283/DI 106 2
48	48	1 medical assistance;
49	49	2 (B) is the victim of a reported sex offense (as defined in
50	50	3 IC 11-8-8-5.2); or
51	51	4 (C) witnessed and reported what the person reasonably
52	52	5 believed to be a crime.
53	53	6 (2) The person described in subdivision (1)(A), (1)(B), or (1)(C):
54	54	7 (A) provided:
55	55	8 (i) the person's full name; and
56	56	9 (ii) any other relevant information requested by the law
57	57	10 enforcement officer; and
58	58	11 (B) in the case of a person described in subdivision (1)(A):
59	59	12 (i) remained at the scene with the individual who reasonably
60	60	13 appeared to be in need of medical assistance until
61	61	14 emergency medical assistance arrived; and
62	62	15 (ii) cooperated with emergency medical assistance personnel
63	63	16 and law enforcement officers at the scene.
64	64	17 (b) A person who meets the criteria of subsection (a)(1) and (a)(2)
65	65	18 is immune from criminal prosecution for an offense: under:
66	66	19 (1) under section 3 of this chapter if the offense involved a state
67	67	20 of intoxication caused by the person's use of alcohol;
68	68	21 (2) under section 6 of this chapter if the offense involved the
69	69	22 person being, or becoming, intoxicated as a result of the person's
70	70	23 use of alcohol; and
71	71	24 (3) under IC 7.1-5-7-7;
72	72	25 (4) involving the possession of a controlled substance, if the
73	73	26 person is less than twenty-one (21) years of age and if the
74	74	27 offense does not involve:
75	75	28 (A) manufacturing;
76	76	29 (B) financing the manufacture of;
77	77	30 (C) delivering; or
78	78	31 (D) financing the delivery of;
79	79	32 a controlled substance, including possession of a controlled
80	80	33 substance with the intent to manufacture, finance the
81	81	34 manufacture of, deliver, or finance the delivery of a controlled
82	82	35 substance;
83	83	36 (5) involving possession of paraphernalia (IC 35-48-4-8.3), if
84	84	37 the person is less than twenty-one (21) years of age; and
85	85	38 (6) involving possession of a syringe (IC 16-42-19-18), if the
86	86	39 person is less than twenty-one (21) years of age.
87	87	40 (c) A person may not initiate or maintain an action against a law
88	88	41 enforcement officer based on the officer's compliance or failure to
89	89	42 comply with this section.
90	90	2024 IN 1356—LS 6283/DI 106 3
91	91	1 SECTION 2. IC 7.1-5-1-6.6, AS ADDED BY P.L.156-2014,
92	92	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
93	93	3 JULY 1, 2024]: Sec. 6.6. (a) This section applies only to a person:
94	94	4 (1) arrested for a violation of:
95	95	5 (A) section 3 of this chapter if the offense involved a state of
96	96	6 intoxication caused by the person's use of alcohol;
97	97	7 (B) section 6 of this chapter if the offense involved the person
98	98	8 being, or becoming, intoxicated as a result of the person's use
99	99	9 of alcohol; or
100	100	10 (C) IC 7.1-5-7-7;
101	101	11 (D) an offense involving the possession of a controlled
102	102	12 substance, if the person is less than twenty-one (21) years
103	103	13 of age and if the offense does not involve:
104	104	14 (i) manufacturing;
105	105	15 (ii) financing the manufacture of;
106	106	16 (iii) delivering; or
107	107	17 (iv) financing the delivery of;
108	108	18 a controlled substance, including possession of a controlled
109	109	19 substance with the intent to manufacture, finance the
110	110	20 manufacture of, deliver, or finance the delivery of a
111	111	21 controlled substance;
112	112	22 (E) an offense involving possession of paraphernalia (IC
113	113	23 35-48-4-8.3), if the person is less than twenty-one (21) years
114	114	24 of age; or
115	115	25 (F) an offense involving possession of a syringe (IC
116	116	26 16-42-19-18), if the person is less than twenty-one (21)
117	117	27 years of age; and
118	118	28 (2) whose arrest was facilitated because another person reported
119	119	29 that the person appeared to be in need of medical assistance due
120	120	30 to the use of alcohol or a controlled substance.
121	121	31 (b) If a person described in subsection (a):
122	122	32 (1) does not have a prior conviction for an offense described in
123	123	33 subsection (a);
124	124	34 (2) pleads guilty to an offense described in subsection (a); and
125	125	35 (3) agrees to be placed in the custody of the court;
126	126	36 the court, without entering a judgment of conviction, shall defer further
127	127	37 proceedings and place the person in the custody of the court under
128	128	38 conditions determined by the court.
129	129	39 (c) If the person placed in the custody of the court violates the
130	130	40 conditions of custody, the court may enter a judgment of conviction.
131	131	41 However, if the person fulfills the conditions of the custody, the court
132	132	42 shall dismiss the charges against the person.
133	133	2024 IN 1356—LS 6283/DI 106 4
134	134	1 (d) There may be only one (1) dismissal under this section with
135	135	2 respect to a person.
136	136	2024 IN 1356—LS 6283/DI 106