IN
Indiana House Bill HB1422

Indiana 2024 Regular Session

Indiana House Bill HB1422 Compare Versions

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1+*EH1422.1*
2+February 21, 2024
3+ENGROSSED
4+HOUSE BILL No. 1422
5+_____
6+DIGEST OF HB 1422 (Updated February 20, 2024 9:15 am - DI 140)
7+Citations Affected: IC 35-31.5; IC 35-44.1.
8+Synopsis: Trafficking of harmful substances in jails. Defines
9+"chemical intoxicant" and increases the penalty for trafficking with an
10+inmate if the trafficked article is a chemical intoxicant.
11+Effective: July 1, 2024.
12+Gore, Pierce K, Moseley, Negele
13+(SENATE SPONSORS — CARRASCO, BOHACEK)
14+January 16, 2024, read first time and referred to Committee on Courts and Criminal Code.
15+January 25, 2024, reported — Do Pass.
16+January 29, 2024, read second time, ordered engrossed. Engrossed.
17+January 30, 2024, read third time, passed. Yeas 94, nays 0.
18+SENATE ACTION
19+February 12, 2024, read first time and referred to Committee on Corrections and Criminal
20+Law.
21+February 20, 2024, reported favorably — Do Pass.
22+EH 1422—LS 7065/DI 151 February 21, 2024
123 Second Regular Session of the 123rd General Assembly (2024)
224 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
325 Constitution) is being amended, the text of the existing provision will appear in this style type,
426 additions will appear in this style type, and deletions will appear in this style type.
527 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
628 provision adopted), the text of the new provision will appear in this style type. Also, the
729 word NEW will appear in that style type in the introductory clause of each SECTION that adds
830 a new provision to the Indiana Code or the Indiana Constitution.
931 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1032 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1422
12-AN ACT to amend the Indiana Code concerning criminal law and
13-procedure.
33+ENGROSSED
34+HOUSE BILL No. 1422
35+A BILL FOR AN ACT to amend the Indiana Code concerning
36+criminal law and procedure.
1437 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 35-31.5-2-37.4 IS ADDED TO THE INDIANA
16-CODE AS A NEW SECTION TO READ AS FOLLOWS
17-[EFFECTIVE JULY 1, 2024]: Sec. 37.4. "Chemical intoxicant", for
18-purposes of IC 35-44.1-3-5, has the meaning set forth in
19-IC 35-44.1-3-5.
20-SECTION 2. IC 35-31.5-2-178, AS AMENDED BY P.L.13-2013,
21-SECTION 117, IS AMENDED TO READ AS FOLLOWS
22-[EFFECTIVE JULY 1, 2024]: Sec. 178. "Juvenile facility", for
23-purposes of IC 35-44.1-3-5, has the meaning set forth in
24-IC 35-44.1-3-5(a). IC 35-44.1-3-5.
25-SECTION 3. IC 35-44.1-3-5, AS AMENDED BY P.L.168-2014,
26-SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27-JULY 1, 2024]: Sec. 5. (a) As used in The following definitions apply
28-throughout this section:
29-(1) "Chemical intoxicant" means a substance that, when
30-introduced into a person's body, causes intoxication or a
31-similar physical effect. The term does not include an alcoholic
32-beverage or a cigarette or tobacco product (as defined in
33-IC 6-7-2-5).
34-(2) "Juvenile facility" means the following:
35-(1) (A) A secure facility (as defined in IC 31-9-2-114) in
36-HEA 1422 2
37-which a child is detained under IC 31 or used for a child
38-awaiting adjudication or adjudicated under IC 31 as a child in
39-need of services or a delinquent child.
40-(2) (B) A shelter care facility (as defined in IC 31-9-2-117) in
41-which a child is detained under IC 31 or used for a child
42-awaiting adjudication or adjudicated under IC 31 as a child in
43-need of services or a delinquent child.
44-(b) A person who, without the prior authorization of the person in
45-charge of a penal facility or juvenile facility, knowingly or
46-intentionally:
47-(1) delivers, or carries into the penal facility or juvenile facility
48-with intent to deliver, an article to an inmate or child of the
49-facility;
50-(2) carries, or receives with intent to carry out of the penal facility
51-or juvenile facility, an article from an inmate or child of the
52-facility; or
53-(3) delivers, or carries to a worksite with the intent to deliver,
54-alcoholic beverages to an inmate or child of a jail work crew or
55-community work crew;
56-commits trafficking with an inmate, a Class A misdemeanor. However,
57-the offense is a Level 5 felony under subdivision (1) or (2) if the article
58-is a controlled substance, a chemical intoxicant, a deadly weapon, or
59-a cellular telephone or other wireless or cellular communications
60-device.
61-(c) If:
62-(1) the person who committed the offense under subsection (b) is
63-an employee of:
64-(A) the department of correction; or
65-(B) a penal facility;
66-and the article is a cigarette or tobacco product (as defined in
67-IC 6-7-2-5), the court shall order the person to pay a fine of at
68-least five hundred dollars ($500) and not more than five thousand
69-dollars ($5,000) under IC 35-50-3-2, in addition to any term of
70-imprisonment imposed under IC 35-50-3-2; or
71-(2) a person is convicted of committing a Level 5 felony under
72-subsection (b)(1) or (b)(2) because the article was a cellular
73-telephone or other wireless or cellular communication device, the
74-court shall order the person to pay a fine of at least five hundred
75-dollars ($500) and not more than ten thousand dollars ($10,000)
76-under IC 35-50-2-6(a) in addition to any term of imprisonment
77-imposed on the person under IC 35-50-2-6(a).
78-(d) A person who:
79-HEA 1422 3
80-(1) is not an inmate of a penal facility or a child of a juvenile
81-facility; and
82-(2) knowingly or intentionally possesses in, or carries or causes to
83-be brought into, the penal facility or juvenile facility a deadly
84-weapon without the prior authorization of the person in charge of
85-the penal facility or juvenile facility;
86-commits carrying a deadly weapon into a correctional facility, a Level
87-5 felony.
88-HEA 1422 Speaker of the House of Representatives
89-President of the Senate
90-President Pro Tempore
91-Governor of the State of Indiana
92-Date: Time:
93-HEA 1422
38+1 SECTION 1. IC 35-31.5-2-37.4 IS ADDED TO THE INDIANA
39+2 CODE AS A NEW SECTION TO READ AS FOLLOWS
40+3 [EFFECTIVE JULY 1, 2024]: Sec. 37.4. "Chemical intoxicant", for
41+4 purposes of IC 35-44.1-3-5, has the meaning set forth in
42+5 IC 35-44.1-3-5.
43+6 SECTION 2. IC 35-31.5-2-178, AS AMENDED BY P.L.13-2013,
44+7 SECTION 117, IS AMENDED TO READ AS FOLLOWS
45+8 [EFFECTIVE JULY 1, 2024]: Sec. 178. "Juvenile facility", for
46+9 purposes of IC 35-44.1-3-5, has the meaning set forth in
47+10 IC 35-44.1-3-5(a). IC 35-44.1-3-5.
48+11 SECTION 3. IC 35-44.1-3-5, AS AMENDED BY P.L.168-2014,
49+12 SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
50+13 JULY 1, 2024]: Sec. 5. (a) As used in The following definitions apply
51+14 throughout this section:
52+15 (1) "Chemical intoxicant" means a substance that, when
53+16 introduced into a person's body, causes intoxication or a
54+17 similar physical effect. The term does not include an alcoholic
55+EH 1422—LS 7065/DI 151 2
56+1 beverage or a cigarette or tobacco product (as defined in
57+2 IC 6-7-2-5).
58+3 (2) "Juvenile facility" means the following:
59+4 (1) (A) A secure facility (as defined in IC 31-9-2-114) in
60+5 which a child is detained under IC 31 or used for a child
61+6 awaiting adjudication or adjudicated under IC 31 as a child in
62+7 need of services or a delinquent child.
63+8 (2) (B) A shelter care facility (as defined in IC 31-9-2-117) in
64+9 which a child is detained under IC 31 or used for a child
65+10 awaiting adjudication or adjudicated under IC 31 as a child in
66+11 need of services or a delinquent child.
67+12 (b) A person who, without the prior authorization of the person in
68+13 charge of a penal facility or juvenile facility, knowingly or
69+14 intentionally:
70+15 (1) delivers, or carries into the penal facility or juvenile facility
71+16 with intent to deliver, an article to an inmate or child of the
72+17 facility;
73+18 (2) carries, or receives with intent to carry out of the penal facility
74+19 or juvenile facility, an article from an inmate or child of the
75+20 facility; or
76+21 (3) delivers, or carries to a worksite with the intent to deliver,
77+22 alcoholic beverages to an inmate or child of a jail work crew or
78+23 community work crew;
79+24 commits trafficking with an inmate, a Class A misdemeanor. However,
80+25 the offense is a Level 5 felony under subdivision (1) or (2) if the article
81+26 is a controlled substance, a chemical intoxicant, a deadly weapon, or
82+27 a cellular telephone or other wireless or cellular communications
83+28 device.
84+29 (c) If:
85+30 (1) the person who committed the offense under subsection (b) is
86+31 an employee of:
87+32 (A) the department of correction; or
88+33 (B) a penal facility;
89+34 and the article is a cigarette or tobacco product (as defined in
90+35 IC 6-7-2-5), the court shall order the person to pay a fine of at
91+36 least five hundred dollars ($500) and not more than five thousand
92+37 dollars ($5,000) under IC 35-50-3-2, in addition to any term of
93+38 imprisonment imposed under IC 35-50-3-2; or
94+39 (2) a person is convicted of committing a Level 5 felony under
95+40 subsection (b)(1) or (b)(2) because the article was a cellular
96+41 telephone or other wireless or cellular communication device, the
97+42 court shall order the person to pay a fine of at least five hundred
98+EH 1422—LS 7065/DI 151 3
99+1 dollars ($500) and not more than ten thousand dollars ($10,000)
100+2 under IC 35-50-2-6(a) in addition to any term of imprisonment
101+3 imposed on the person under IC 35-50-2-6(a).
102+4 (d) A person who:
103+5 (1) is not an inmate of a penal facility or a child of a juvenile
104+6 facility; and
105+7 (2) knowingly or intentionally possesses in, or carries or causes to
106+8 be brought into, the penal facility or juvenile facility a deadly
107+9 weapon without the prior authorization of the person in charge of
108+10 the penal facility or juvenile facility;
109+11 commits carrying a deadly weapon into a correctional facility, a Level
110+12 5 felony.
111+EH 1422—LS 7065/DI 151 4
112+COMMITTEE REPORT
113+Mr. Speaker: Your Committee on Courts and Criminal Code, to
114+which was referred House Bill 1422, has had the same under
115+consideration and begs leave to report the same back to the House with
116+the recommendation that said bill do pass.
117+(Reference is to HB 1422 as introduced.)
118+MCNAMARA
119+Committee Vote: Yeas 11, Nays 0
120+_____
121+COMMITTEE REPORT
122+Madam President: The Senate Committee on Corrections and
123+Criminal Law, to which was referred House Bill No. 1422, has had the
124+same under consideration and begs leave to report the same back to the
125+Senate with the recommendation that said bill DO PASS.
126+ (Reference is to HB 1422 as printed January 25, 2024.)
127+
128+FREEMAN, Chairperson
129+Committee Vote: Yeas 6, Nays 0
130+EH 1422—LS 7065/DI 151