Indiana 2024 Regular Session

Indiana House Bill HB1418 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1418.1
	2	+	February 23, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1418
	5	+	_____
	6	+	DIGEST OF HB 1418 (Updated February 20, 2024 1:24 pm - DI 106)
	7	+	Citations Affected: IC 35-31.5; IC 35-33.
	8	+	Synopsis: Forensic diversion and drug courts. Provides that a pregnant
	9	+	woman charged with a drug crime may be referred to a forensic
	10	+	diversion program or a drug court at an initial hearing.
	11	+	Effective: July 1, 2024.
	12	+	Goss-Reaves, McNamara,
	13	+	Garcia Wilburn, King
	14	+	(SENATE SPONSOR — BOHACEK)
	15	+	January 16, 2024, read first time and referred to Committee on Courts and Criminal Code.
	16	+	January 25, 2024, reported — Do Pass.
	17	+	January 29, 2024, read second time, amended, ordered engrossed.
	18	+	January 30, 2024, engrossed. Read third time, passed. Yeas 95, nays 0.
	19	+	SENATE ACTION
	20	+	February 12, 2024, read first time and referred to Committee on Corrections and Criminal
	21	+	Law.
	22	+	February 22, 2024, amended, reported favorably — Do Pass.
	23	+	EH 1418—LS 7061/DI 107 February 23, 2024
1	24		Second Regular Session of the 123rd General Assembly (2024)
2	25		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	26		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	27		additions will appear in this style type, and deletions will appear in this style type.
5	28		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	29		provision adopted), the text of the new provision will appear in this style type. Also, the
7	30		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	31		a new provision to the Indiana Code or the Indiana Constitution.
9	32		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	33		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1418
12		-	AN ACT to amend the Indiana Code concerning criminal law and
13		-	procedure.
	34	+	ENGROSSED
	35	+	HOUSE BILL No. 1418
	36	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	37	+	criminal law and procedure.
14	38		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 35-31.5-2-105.5 IS ADDED TO THE INDIANA
16		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
17		-	[EFFECTIVE JULY 1, 2024]: Sec. 105.5. "Drug crime", for
18		-	purposes of IC 35-33-7-5, means one (1) or more of the following
19		-	offenses:
20		-	(1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
21		-	(2) Dealing in methamphetamine (IC 35-48-4-1.1).
22		-	(3) Manufacturing methamphetamine (IC 35-48-4-1.2).
23		-	(4) Dealing in a controlled substance by a practitioner
24		-	(IC 35-48-4-1.5).
25		-	(5) Dealing in a schedule I, II, or III controlled substance or
26		-	controlled substance analog (IC 35-48-4-2).
27		-	(6) Dealing in a schedule IV controlled substance or controlled
28		-	substance analog (IC 35-48-4-3).
29		-	(7) Dealing in a schedule V controlled substance or controlled
30		-	substance analog (IC 35-48-4-4).
31		-	(8) Dumping controlled substance waste (IC 35-48-4-4.1).
32		-	(9) Possession of cocaine or a narcotic drug (IC 35-48-4-6).
33		-	(10) Possession of methamphetamine (IC 35-48-4-6.1).
34		-	(11) Possession of a controlled substance or controlled
35		-	substance analog; obtaining a schedule V controlled substance
36		-	HEA 1418 — Concur 2
37		-	(IC 35-48-4-7).
38		-	(12) Dealing in marijuana, hash oil, hashish, or salvia
39		-	(IC 35-48-4-10).
40		-	(13) Dealing in smokable hemp (IC 35-48-4-10.1).
41		-	(14) Possession of marijuana, hash oil, hashish, or salvia
42		-	(IC 35-48-4-11).
43		-	SECTION 2. IC 35-33-7-3 IS AMENDED TO READ AS
44		-	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) When a person
45		-	is arrested for a crime before a formal charge has been filed, an
46		-	information or indictment shall be filed or be prepared to be filed at or
47		-	before the initial hearing, unless the prosecuting attorney has informed
48		-	the court that there will be no charges filed in the case.
49		-	(b) If the prosecuting attorney states that more time is required to
50		-	evaluate the case and determine whether a charge should be filed, or if
51		-	it is necessary to transfer the person to another court, then the court
52		-	shall recess or continue the initial hearing for up to seventy-two (72)
53		-	hours, excluding intervening Saturdays, Sundays, and legal holidays.
54		-	(c) Before recessing the initial hearing and after the ex parte
55		-	probable cause determination has been made, the court shall inform a
56		-	defendant charged with a felony of the rights specified in subdivisions
57		-	(1), (2), (3), (4), and (5) of section 5 section 5(a)(1), 5(a)(2), 5(a)(3),
58		-	5(a)(4), and 5(a)(5) of this chapter.
59		-	SECTION 3. IC 35-33-7-5, AS AMENDED BY P.L.46-2018,
60		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
61		-	JULY 1, 2024]: Sec. 5. (a) At the initial hearing of a person, the
62		-	judicial officer shall inform the person orally or in writing:
63		-	(1) that the person has a right to retain counsel and if the person
64		-	intends to retain counsel the person must do so within:
65		-	(A) twenty (20) days if the person is charged with a felony; or
66		-	(B) ten (10) days if the person is charged only with one (1) or
67		-	more misdemeanors;
68		-	after this initial hearing because there are deadlines for filing
69		-	motions and raising defenses, and if those deadlines are missed,
70		-	the legal issues and defenses that could have been raised will be
71		-	waived;
72		-	(2) that the person has a right to assigned counsel at no expense
73		-	to the person if the person is indigent;
74		-	(3) that the person has a right to a speedy trial;
75		-	(4) of the amount and conditions of bail;
76		-	(5) of the person's privilege against self-incrimination;
77		-	(6) of the nature of the charge against the person;
78		-	(7) that a preliminary plea of not guilty is being entered for the
79		-	HEA 1418 — Concur 3
80		-	person and the preliminary plea of not guilty will become a formal
81		-	plea of not guilty:
82		-	(A) twenty (20) days after the completion of the initial
83		-	hearing; or
84		-	(B) ten (10) days after the completion of the initial hearing if
85		-	the person is charged only with one (1) or more
86		-	misdemeanors;
87		-	unless the defendant enters a different plea; and
88		-	(8) that the person may request to petition for a specialized
89		-	driving privileges hearing if the person is charged with:
90		-	(A) any offense in which the operation of a motor vehicle is an
91		-	element of the offense;
92		-	(B) any offense under IC 9-30-5, IC 35-46-9, or IC 14-15-8
93		-	(before its repeal); or
94		-	(C) any offense under IC 35-42-1, IC 35-42-2, or
95		-	IC 35-44.1-3-1 that involves the use of a vehicle.
96		-	In addition, the judge shall direct the prosecuting attorney to give the
97		-	defendant or the defendant's attorney a copy of any formal felony
98		-	charges filed or ready to be filed. The judge shall, upon request of the
99		-	defendant, direct the prosecuting attorney to give the defendant or the
100		-	defendant's attorney a copy of any formal misdemeanor charges filed
101		-	or ready to be filed.
102		-	(b) This subsection applies to a pregnant woman charged with
103		-	a drug crime. If the woman is otherwise qualified, including
104		-	meeting any requirements under IC 33-23-16-13(3)(A), if
105		-	applicable, the judge may, after consulting with the prosecuting
106		-	attorney, refer the woman to the forensic diversion program
107		-	(IC 11-12-3.7) or a drug court (IC 33-23-16).
108		-	HEA 1418 — Concur Speaker of the House of Representatives
109		-	President of the Senate
110		-	President Pro Tempore
111		-	Governor of the State of Indiana
112		-	Date: Time:
113		-	HEA 1418 — Concur
	39	+	1 SECTION 1. IC 35-31.5-2-105.5 IS ADDED TO THE INDIANA
	40	+	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
	41	+	3 [EFFECTIVE JULY 1, 2024]: Sec. 105.5. "Drug crime", for
	42	+	4 purposes of IC 35-33-7-5, means one (1) or more of the following
	43	+	5 offenses:
	44	+	6 (1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
	45	+	7 (2) Dealing in methamphetamine (IC 35-48-4-1.1).
	46	+	8 (3) Manufacturing methamphetamine (IC 35-48-4-1.2).
	47	+	9 (4) Dealing in a controlled substance by a practitioner
	48	+	10 (IC 35-48-4-1.5).
	49	+	11 (5) Dealing in a schedule I, II, or III controlled substance or
	50	+	12 controlled substance analog (IC 35-48-4-2).
	51	+	13 (6) Dealing in a schedule IV controlled substance or controlled
	52	+	14 substance analog (IC 35-48-4-3).
	53	+	15 (7) Dealing in a schedule V controlled substance or controlled
	54	+	16 substance analog (IC 35-48-4-4).
	55	+	17 (8) Dumping controlled substance waste (IC 35-48-4-4.1).
	56	+	EH 1418—LS 7061/DI 107 2
	57	+	1 (9) Possession of cocaine or a narcotic drug (IC 35-48-4-6).
	58	+	2 (10) Possession of methamphetamine (IC 35-48-4-6.1).
	59	+	3 (11) Possession of a controlled substance or controlled
	60	+	4 substance analog; obtaining a schedule V controlled substance
	61	+	5 (IC 35-48-4-7).
	62	+	6 (12) Dealing in marijuana, hash oil, hashish, or salvia
	63	+	7 (IC 35-48-4-10).
	64	+	8 (13) Dealing in smokable hemp (IC 35-48-4-10.1).
	65	+	9 (14) Possession of marijuana, hash oil, hashish, or salvia
	66	+	10 (IC 35-48-4-11).
	67	+	11 SECTION 2. IC 35-33-7-3 IS AMENDED TO READ AS
	68	+	12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) When a person
	69	+	13 is arrested for a crime before a formal charge has been filed, an
	70	+	14 information or indictment shall be filed or be prepared to be filed at or
	71	+	15 before the initial hearing, unless the prosecuting attorney has informed
	72	+	16 the court that there will be no charges filed in the case.
	73	+	17 (b) If the prosecuting attorney states that more time is required to
	74	+	18 evaluate the case and determine whether a charge should be filed, or if
	75	+	19 it is necessary to transfer the person to another court, then the court
	76	+	20 shall recess or continue the initial hearing for up to seventy-two (72)
	77	+	21 hours, excluding intervening Saturdays, Sundays, and legal holidays.
	78	+	22 (c) Before recessing the initial hearing and after the ex parte
	79	+	23 probable cause determination has been made, the court shall inform a
	80	+	24 defendant charged with a felony of the rights specified in subdivisions
	81	+	25 (1), (2), (3), (4), and (5) of section 5 section 5(a)(1), 5(a)(2), 5(a)(3),
	82	+	26 5(a)(4), and 5(a)(5) of this chapter.
	83	+	27 SECTION 3. IC 35-33-7-5, AS AMENDED BY P.L.46-2018,
	84	+	28 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	85	+	29 JULY 1, 2024]: Sec. 5. (a) At the initial hearing of a person, the
	86	+	30 judicial officer shall inform the person orally or in writing:
	87	+	31 (1) that the person has a right to retain counsel and if the person
	88	+	32 intends to retain counsel the person must do so within:
	89	+	33 (A) twenty (20) days if the person is charged with a felony; or
	90	+	34 (B) ten (10) days if the person is charged only with one (1) or
	91	+	35 more misdemeanors;
	92	+	36 after this initial hearing because there are deadlines for filing
	93	+	37 motions and raising defenses, and if those deadlines are missed,
	94	+	38 the legal issues and defenses that could have been raised will be
	95	+	39 waived;
	96	+	40 (2) that the person has a right to assigned counsel at no expense
	97	+	41 to the person if the person is indigent;
	98	+	42 (3) that the person has a right to a speedy trial;
	99	+	EH 1418—LS 7061/DI 107 3
	100	+	1 (4) of the amount and conditions of bail;
	101	+	2 (5) of the person's privilege against self-incrimination;
	102	+	3 (6) of the nature of the charge against the person;
	103	+	4 (7) that a preliminary plea of not guilty is being entered for the
	104	+	5 person and the preliminary plea of not guilty will become a formal
	105	+	6 plea of not guilty:
	106	+	7 (A) twenty (20) days after the completion of the initial
	107	+	8 hearing; or
	108	+	9 (B) ten (10) days after the completion of the initial hearing if
	109	+	10 the person is charged only with one (1) or more
	110	+	11 misdemeanors;
	111	+	12 unless the defendant enters a different plea; and
	112	+	13 (8) that the person may request to petition for a specialized
	113	+	14 driving privileges hearing if the person is charged with:
	114	+	15 (A) any offense in which the operation of a motor vehicle is an
	115	+	16 element of the offense;
	116	+	17 (B) any offense under IC 9-30-5, IC 35-46-9, or IC 14-15-8
	117	+	18 (before its repeal); or
	118	+	19 (C) any offense under IC 35-42-1, IC 35-42-2, or
	119	+	20 IC 35-44.1-3-1 that involves the use of a vehicle.
	120	+	21 In addition, the judge shall direct the prosecuting attorney to give the
	121	+	22 defendant or the defendant's attorney a copy of any formal felony
	122	+	23 charges filed or ready to be filed. The judge shall, upon request of the
	123	+	24 defendant, direct the prosecuting attorney to give the defendant or the
	124	+	25 defendant's attorney a copy of any formal misdemeanor charges filed
	125	+	26 or ready to be filed.
	126	+	27 (b) This subsection applies to a pregnant woman charged with
	127	+	28 a drug crime. If the woman is otherwise qualified, including
	128	+	29 meeting any requirements under IC 33-23-16-13(3)(A), if
	129	+	30 applicable, the judge may, after consulting with the prosecuting
	130	+	31 attorney, refer the woman to the forensic diversion program
	131	+	32 (IC 11-12-3.7) or a drug court (IC 33-23-16).
	132	+	EH 1418—LS 7061/DI 107 4
	133	+	COMMITTEE REPORT
	134	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	135	+	which was referred House Bill 1418, has had the same under
	136	+	consideration and begs leave to report the same back to the House with
	137	+	the recommendation that said bill do pass.
	138	+	(Reference is to HB 1418 as introduced.)
	139	+	MCNAMARA
	140	+	Committee Vote: Yeas 12, Nays 0
	141	+	_____
	142	+	HOUSE MOTION
	143	+	Mr. Speaker: I move that House Bill 1418 be amended to read as
	144	+	follows:
	145	+	Page 3, line 28, delete "may" and insert "may, after consulting
	146	+	with the prosecuting attorney,".
	147	+	(Reference is to HB 1418 as printed January 25, 2024.)
	148	+	GOSS-REAVES
	149	+	_____
	150	+	COMMITTEE REPORT
	151	+	Madam President: The Senate Committee on Corrections and
	152	+	Criminal Law, to which was referred House Bill No. 1418, has had the
	153	+	same under consideration and begs leave to report the same back to the
	154	+	Senate with the recommendation that said bill be AMENDED as
	155	+	follows:
	156	+	Page 1, line 6, after "or" insert "a".
	157	+	Page 2, line 1, after "or" insert "a".
	158	+	Page 3, line 28, after "qualified," insert "including meeting any
	159	+	requirements under IC 33-23-16-13(3)(A), if applicable,".
	160	+	and when so amended that said bill do pass.
	161	+	(Reference is to HB 1418 as reprinted January 30, 2024.)
	162	+	FREEMAN, Chairperson
	163	+	Committee Vote: Yeas 7, Nays 0.
	164	+	EH 1418—LS 7061/DI 107