Introduced Version
HOUSE BILL No. 1418
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-31.5-2-105.5; IC 35-33-7.
Synopsis: Forensic diversion and drug courts. Provides that a pregnant
woman charged with a drug crime may be referred to a forensic
diversion program or a drug court at an initial hearing.
Effective: July 1, 2024.
Goss-Reaves, McNamara
January 16, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024 IN 1418—LS 7061/DI 107 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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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1418
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 35-31.5-2-105.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 105.5. "Drug crime", for
4 purposes of IC 35-33-7-5, means one (1) or more of the following
5 offenses:
6 (1) Dealing in cocaine or narcotic drug (IC 35-48-4-1).
7 (2) Dealing in methamphetamine (IC 35-48-4-1.1).
8 (3) Manufacturing methamphetamine (IC 35-48-4-1.2).
9 (4) Dealing in a controlled substance by a practitioner
10 (IC 35-48-4-1.5).
11 (5) Dealing in a schedule I, II, or III controlled substance or
12 controlled substance analog (IC 35-48-4-2).
13 (6) Dealing in a schedule IV controlled substance or controlled
14 substance analog (IC 35-48-4-3).
15 (7) Dealing in a schedule V controlled substance or controlled
16 substance analog (IC 35-48-4-4).
17 (8) Dumping controlled substance waste (IC 35-48-4-4.1).
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1 (9) Possession of cocaine or narcotic drug (IC 35-48-4-6).
2 (10) Possession of methamphetamine (IC 35-48-4-6.1).
3 (11) Possession of a controlled substance or controlled
4 substance analog; obtaining a schedule V controlled substance
5 (IC 35-48-4-7).
6 (12) Dealing in marijuana, hash oil, hashish, or salvia
7 (IC 35-48-4-10).
8 (13) Dealing in smokable hemp (IC 35-48-4-10.1).
9 (14) Possession of marijuana, hash oil, hashish, or salvia
10 (IC 35-48-4-11).
11 SECTION 2. IC 35-33-7-3 IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) When a person
13 is arrested for a crime before a formal charge has been filed, an
14 information or indictment shall be filed or be prepared to be filed at or
15 before the initial hearing, unless the prosecuting attorney has informed
16 the court that there will be no charges filed in the case.
17 (b) If the prosecuting attorney states that more time is required to
18 evaluate the case and determine whether a charge should be filed, or if
19 it is necessary to transfer the person to another court, then the court
20 shall recess or continue the initial hearing for up to seventy-two (72)
21 hours, excluding intervening Saturdays, Sundays, and legal holidays.
22 (c) Before recessing the initial hearing and after the ex parte
23 probable cause determination has been made, the court shall inform a
24 defendant charged with a felony of the rights specified in subdivisions
25 (1), (2), (3), (4), and (5) of section 5 section 5(a)(1), 5(a)(2), 5(a)(3),
26 5(a)(4), and 5(a)(5) of this chapter.
27 SECTION 3. IC 35-33-7-5, AS AMENDED BY P.L.46-2018,
28 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 5. (a) At the initial hearing of a person, the
30 judicial officer shall inform the person orally or in writing:
31 (1) that the person has a right to retain counsel and if the person
32 intends to retain counsel the person must do so within:
33 (A) twenty (20) days if the person is charged with a felony; or
34 (B) ten (10) days if the person is charged only with one (1) or
35 more misdemeanors;
36 after this initial hearing because there are deadlines for filing
37 motions and raising defenses, and if those deadlines are missed,
38 the legal issues and defenses that could have been raised will be
39 waived;
40 (2) that the person has a right to assigned counsel at no expense
41 to the person if the person is indigent;
42 (3) that the person has a right to a speedy trial;
2024 IN 1418—LS 7061/DI 107 3
1 (4) of the amount and conditions of bail;
2 (5) of the person's privilege against self-incrimination;
3 (6) of the nature of the charge against the person;
4 (7) that a preliminary plea of not guilty is being entered for the
5 person and the preliminary plea of not guilty will become a formal
6 plea of not guilty:
7 (A) twenty (20) days after the completion of the initial
8 hearing; or
9 (B) ten (10) days after the completion of the initial hearing if
10 the person is charged only with one (1) or more
11 misdemeanors;
12 unless the defendant enters a different plea; and
13 (8) that the person may request to petition for a specialized
14 driving privileges hearing if the person is charged with:
15 (A) any offense in which the operation of a motor vehicle is an
16 element of the offense;
17 (B) any offense under IC 9-30-5, IC 35-46-9, or IC 14-15-8
18 (before its repeal); or
19 (C) any offense under IC 35-42-1, IC 35-42-2, or
20 IC 35-44.1-3-1 that involves the use of a vehicle.
21 In addition, the judge shall direct the prosecuting attorney to give the
22 defendant or the defendant's attorney a copy of any formal felony
23 charges filed or ready to be filed. The judge shall, upon request of the
24 defendant, direct the prosecuting attorney to give the defendant or the
25 defendant's attorney a copy of any formal misdemeanor charges filed
26 or ready to be filed.
27 (b) This subsection applies to a pregnant woman charged with
28 a drug crime. If the woman is otherwise qualified, the judge may
29 refer the woman to the forensic diversion program (IC 11-12-3.7)
30 or a drug court (IC 33-23-16).
2024 IN 1418—LS 7061/DI 107