Indiana 2024 Regular Session

Indiana Senate Bill SB0144 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 144
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-30-1-4; IC 35-47.
7	7	Synopsis: Firearms matters. Allows a juvenile who is at least 16 years
8	8	of age to be charged in adult court for the commission of certain
9	9	offenses relating to the unlawful transfer of a firearm. Permits a child
10	10	to travel with a firearm to or from certain activities where the child is
11	11	permitted to possess the firearm only if the child is accompanied by the
12	12	child's parent or legal guardian, or by an adult who has been authorized
13	13	to accompany the child by the child's parent or legal guardian, as long
14	14	as the parent, legal guardian, or authorized adult is eligible to purchase
15	15	or otherwise receive from a dealer a handgun. Prohibits a state entity
16	16	or a political subdivision (government entity) from regulating or
17	17	restricting by administrative rule, ordinance, or policy the ownership,
18	18	possession, or carrying of a handgun on government property by an
19	19	individual who both: (1) holds a valid license to carry a handgun; and
20	20	(2) is not prohibited from owning or possessing a handgun under state
21	21	or federal law (lawful individual). Prohibits a person who enters into
22	22	a contract with a government entity after June 30, 2024, from
23	23	regulating or restricting the ownership, possession, or carrying of a
24	24	handgun on government property by a lawful individual. Specifies that
25	25	these prohibitions do not apply to, or affect the validity of, a: (1)
26	26	contract or agreement that is initially entered into before July 1, 2024,
27	27	even if that contract is later amended or renewed; and (2) statute,
28	28	administrative rule, ordinance, or policy: (A) enacted by a government
29	29	entity; and (B) in effect on January 1, 2024. Urges the legislative
30	30	council to assign to the interim study committee on corrections and
31	31	criminal code during the 2024 interim the task of creating a
32	32	consolidated and comprehensive list of the places at which the carrying
33	33	of a firearm is prohibited under state or federal law.
34	34	Effective: July 1, 2024.
35	35	Young M, Tomes
36	36	January 8, 2024, read first time and referred to Committee on Corrections and Criminal
37	37	Law.
38	38	2024 IN 144—LS 6359/DI 144 Introduced
39	39	Second Regular Session of the 123rd General Assembly (2024)
40	40	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
41	41	Constitution) is being amended, the text of the existing provision will appear in this style type,
42	42	additions will appear in this style type, and deletions will appear in this style type.
43	43	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
44	44	provision adopted), the text of the new provision will appear in this style type. Also, the
45	45	word NEW will appear in that style type in the introductory clause of each SECTION that adds
46	46	a new provision to the Indiana Code or the Indiana Constitution.
47	47	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
48	48	between statutes enacted by the 2023 Regular Session of the General Assembly.
49	49	SENATE BILL No. 144
50	50	A BILL FOR AN ACT to amend the Indiana Code concerning
51	51	criminal law and procedure.
52	52	Be it enacted by the General Assembly of the State of Indiana:
53	53	1 SECTION 1. IC 31-30-1-4, AS AMENDED BY P.L.115-2023,
54	54	2 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
55	55	3 JULY 1, 2024]: Sec. 4. (a) The juvenile court does not have jurisdiction
56	56	4 over an individual for an alleged violation of:
57	57	5 (1) IC 35-41-5-1(a) (attempted murder);
58	58	6 (2) IC 35-42-1-1 (murder);
59	59	7 (3) IC 35-42-3-2 (kidnapping);
60	60	8 (4) IC 35-42-4-1 (rape);
61	61	9 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
62	62	10 (6) IC 35-42-5-1 (robbery) if:
63	63	11 (A) the robbery was committed while armed with a deadly
64	64	12 weapon; or
65	65	13 (B) the robbery results in bodily injury or serious bodily
66	66	14 injury;
67	67	15 (7) IC 35-42-5-2 (carjacking) (before its repeal);
68	68	16 (8) IC 35-47-2-1.5 (unlawful carrying of a handgun), if charged
69	69	17 as a felony;
70	70	2024 IN 144—LS 6359/DI 144 2
71	71	1 (9) IC 35-47-10 (children and firearms), if charged as a felony;
72	72	2 (10) IC 35-47-2-7 (prohibited firearms transfers);
73	73	3 (11) IC 35-47-2.5-16 (criminal transfer of a firearm);
74	74	4 (12) IC 35-47-4-6.7 (unlawful transfer of a firearm to a
75	75	5 dangerous person); or
76	76	6 (10) (13) any offense that may be joined under IC 35-34-1-9(a)(2)
77	77	7 with any crime listed in this subsection;
78	78	8 if the individual was at least sixteen (16) years of age but less than
79	79	9 eighteen (18) years of age at the time of the alleged violation.
80	80	10 (b) Once an individual described in subsection (a) has been charged
81	81	11 with any offense listed in subsection (a), the court having adult
82	82	12 criminal jurisdiction shall retain jurisdiction over the case if the
83	83	13 individual pleads guilty to or is convicted of any offense listed in
84	84	14 subsection (a)(1) through (a)(9). (a)(12).
85	85	15 (c) If:
86	86	16 (1) an individual described in subsection (a) is charged with one
87	87	17 (1) or more offenses listed in subsection (a);
88	88	18 (2) all the charges under subsection (a)(1) through (a)(9) (a)(12)
89	89	19 resulted in an acquittal or were dismissed; and
90	90	20 (3) the individual pleads guilty to or is convicted of any offense
91	91	21 other than an offense listed in subsection (a)(1) through (a)(9);
92	92	22 (a)(12);
93	93	23 the court having adult criminal jurisdiction may withhold judgment and
94	94	24 transfer jurisdiction to the juvenile court for adjudication and
95	95	25 disposition. In determining whether to transfer jurisdiction to the
96	96	26 juvenile court for adjudication and disposition, the court having adult
97	97	27 criminal jurisdiction shall consider whether there are appropriate
98	98	28 services available in the juvenile justice system, whether the child is
99	99	29 amenable to rehabilitation under the juvenile justice system, and
100	100	30 whether it is in the best interests of the safety and welfare of the
101	101	31 community that the child be transferred to juvenile court. All orders
102	102	32 concerning release conditions remain in effect until a juvenile court
103	103	33 detention hearing, which must be held not later than forty-eight (48)
104	104	34 hours, excluding Saturdays, Sundays, and legal holidays, after the order
105	105	35 of transfer of jurisdiction.
106	106	36 (d) A court having adult criminal jurisdiction, and not a juvenile
107	107	37 court, has jurisdiction over a person who is at least twenty-one (21)
108	108	38 years of age for an alleged offense:
109	109	39 (1) committed while the person was a child; and
110	110	40 (2) that could have been waived under IC 31-30-3.
111	111	41 SECTION 2. IC 35-47-10-1, AS AMENDED BY P.L.152-2014,
112	112	42 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
113	113	2024 IN 144—LS 6359/DI 144 3
114	114	1 JULY 1, 2024]: Sec. 1. (a) This section does not apply to section 7 of
115	115	2 this chapter.
116	116	3 (b) Except as provided in subsection (c), this chapter does not apply
117	117	4 to the following:
118	118	5 (1) A child who is attending a hunters safety course or a firearms
119	119	6 safety course or an adult who is supervising the child during the
120	120	7 course.
121	121	8 (2) A child engaging in practice in using a firearm for target
122	122	9 shooting at an established range or in an area where the discharge
123	123	10 of a firearm is not prohibited or supervised by:
124	124	11 (A) a qualified firearms instructor; or
125	125	12 (B) an adult who is supervising the child while the child is at
126	126	13 the range.
127	127	14 (3) A child engaging in an organized competition involving the
128	128	15 use of a firearm or participating in or practicing for a performance
129	129	16 by an organized group under Section 501(c)(3) of the Internal
130	130	17 Revenue Code that uses firearms as a part of a performance or an
131	131	18 adult who is involved in the competition or performance.
132	132	19 (4) A child who is hunting or trapping under a valid license issued
133	133	20 to the child under IC 14-22.
134	134	21 (5) A child who is traveling with an unloaded firearm to or from
135	135	22 an activity described in this section, if the child is accompanied
136	136	23 by:
137	137	24 (A) the child's parent or legal guardian; or
138	138	25 (B) an adult who is authorized by the child's parent or
139	139	26 legal guardian to accompany the child to or from an
140	140	27 activity described in this section;
141	141	28 if the parent, legal guardian, or authorized adult is eligible to
142	142	29 purchase or otherwise receive from a dealer a handgun.
143	143	30 (6) A child who:
144	144	31 (A) is on real property that is under the control of the child's
145	145	32 parent, an adult family member of the child, or the child's legal
146	146	33 guardian; and
147	147	34 (B) has permission from the child's parent or legal guardian to
148	148	35 possess a firearm.
149	149	36 (7) A child who:
150	150	37 (A) is at the child's residence; and
151	151	38 (B) has the permission of the child's parent, an adult family
152	152	39 member of the child, or the child's legal guardian to possess a
153	153	40 firearm.
154	154	41 (c) This chapter applies to a child, and to a person who provides a
155	155	42 firearm to a child, if the child:
156	156	2024 IN 144—LS 6359/DI 144 4
157	157	1 (1) is ineligible to purchase or possess a firearm for any reason
158	158	2 other than the child's age; or
159	159	3 (2) if the child intends to use a firearm to commit a crime.
160	160	4 SECTION 3. IC 35-47-11.1-4, AS AMENDED BY P.L.175-2022,
161	161	5 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
162	162	6 JULY 1, 2024]: Sec. 4. Except as provided in IC 35-47-11.5, this
163	163	7 chapter may not be construed to prevent any of the following:
164	164	8 (1) A law enforcement agency of a political subdivision from
165	165	9 enacting and enforcing regulations pertaining to firearms,
166	166	10 ammunition, or firearm accessories issued to or used by law
167	167	11 enforcement officers in the course of their official duties.
168	168	12 (2) Subject to IC 34-28-7-2, an employer from regulating or
169	169	13 prohibiting the employees of the employer from carrying firearms
170	170	14 and ammunition in the course of the employee's official duties.
171	171	15 (3) A court or administrative law judge from hearing and
172	172	16 resolving any case or controversy or issuing any opinion or order
173	173	17 on a matter within the jurisdiction of the court or judge.
174	174	18 (4) The enactment or enforcement of generally applicable zoning
175	175	19 or business ordinances that apply to firearms businesses to the
176	176	20 same degree as other similar businesses. However, a provision of
177	177	21 an ordinance that is designed or enforced to effectively restrict or
178	178	22 prohibit the sale, purchase, transfer, manufacture, or display of
179	179	23 firearms, ammunition, or firearm accessories that is otherwise
180	180	24 lawful under the laws of this state is void. A unit (as defined in
181	181	25 IC 36-1-2-23) may not use the unit's planning and zoning powers
182	182	26 under IC 36-7-4 to prohibit the sale of firearms within a
183	183	27 prescribed distance of any other type of commercial property or
184	184	28 of school property or other educational property.
185	185	29 (5) Subject to IC 35-47-16-1, the enactment or enforcement of a
186	186	30 provision prohibiting or restricting the possession of a firearm in
187	187	31 any building that contains the courtroom of a circuit, superior,
188	188	32 city, town, or small claims court. However, if a portion of the
189	189	33 building is occupied by a residential tenant or private business,
190	190	34 any provision restricting or prohibiting the possession of a firearm
191	191	35 does not apply to the portion of the building that is occupied by
192	192	36 the residential tenant or private business, or to common areas of
193	193	37 the building used by a residential tenant or private business.
194	194	38 (6) The enactment or enforcement of a provision prohibiting or
195	195	39 restricting the intentional display of a firearm at a public meeting.
196	196	40 (7) The enactment or enforcement of a provision prohibiting or
197	197	41 restricting the possession of a firearm in a public hospital
198	198	42 corporation that contains a secure correctional health unit that is
199	199	2024 IN 144—LS 6359/DI 144 5
200	200	1 staffed by a law enforcement officer twenty-four (24) hours a day.
201	201	2 (8) The imposition of any restriction or condition placed on a
202	202	3 person participating in:
203	203	4 (A) a community corrections program (IC 11-12-1);
204	204	5 (B) a forensic diversion program (IC 11-12-3.7); or
205	205	6 (C) a pretrial diversion program (IC 33-39-1).
206	206	7 (9) The enforcement or prosecution of the offense of criminal
207	207	8 recklessness (IC 35-42-2-2) involving the use of a firearm.
208	208	9 (10) For an event occurring on property leased from a political
209	209	10 subdivision or municipal corporation by the promoter or organizer
210	210	11 of the event:
211	211	12 (A) the establishment, by the promoter or organizer, at the
212	212	13 promoter's or organizer's own discretion, of rules of conduct or
213	213	14 admission upon which attendance at or participation in the
214	214	15 event is conditioned; or
215	215	16 (B) the implementation or enforcement of the rules of conduct
216	216	17 or admission described in clause (A) by a political subdivision
217	217	18 or municipal corporation in connection with the event.
218	218	19 (11) The enactment or enforcement of a provision prohibiting or
219	219	20 restricting the possession of a firearm in a hospital established
220	220	21 and operated under IC 16-22-2 or IC 16-23.
221	221	22 (12) A unit from using the unit's planning and zoning powers
222	222	23 under IC 36-7-4 to prohibit the sale of firearms within two
223	223	24 hundred (200) feet of a school by a person having a business that
224	224	25 did not sell firearms within two hundred (200) feet of a school
225	225	26 before April 1, 1994.
226	226	27 (13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
227	227	28 from enacting or enforcing a provision prohibiting or restricting
228	228	29 the possession of a firearm in a building owned or administered
229	229	30 by the unit if:
230	230	31 (A) metal detection devices are located at each public entrance
231	231	32 to the building;
232	232	33 (B) each public entrance to the building is staffed by at least
233	233	34 one (1) law enforcement officer:
234	234	35 (i) who has been adequately trained to conduct inspections
235	235	36 of persons entering the building by use of metal detection
236	236	37 devices and proper physical pat down searches; and
237	237	38 (ii) when the building is open to the public; and
238	238	39 (C) each:
239	239	40 (i) individual who enters the building through the public
240	240	41 entrance when the building is open to the public; and
241	241	42 (ii) bag, package, and other container carried by the
242	242	2024 IN 144—LS 6359/DI 144 6
243	243	1 individual;
244	244	2 is inspected by a law enforcement officer described in clause
245	245	3 (B).
246	246	4 However, except as provided in subdivision (5) concerning a
247	247	5 building that contains a courtroom, a unit may not prohibit or
248	248	6 restrict the possession of a handgun under this subdivision in a
249	249	7 building owned or administered by the unit if the person who
250	250	8 possesses the handgun is not otherwise prohibited from carrying
251	251	9 or possessing a handgun.
252	252	10 SECTION 4. IC 35-47-11.5 IS ADDED TO THE INDIANA CODE
253	253	11 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
254	254	12 JULY 1, 2024]:
255	255	13 Chapter 11.5. Regulation of Handguns on Government Property
256	256	14 Sec. 1. This chapter:
257	257	15 (1) applies:
258	258	16 (A) to a:
259	259	17 (i) contract or agreement that is initially entered into
260	260	18 after June 30, 2024; and
261	261	19 (ii) statute, administrative rule, ordinance, or policy
262	262	20 enacted after June 30, 2024; and
263	263	21 (B) notwithstanding:
264	264	22 (i) IC 35-47-11.1-4(2);
265	265	23 (ii) IC 35-47-11.1-4(4); and
266	266	24 (iii) IC 35-47-11.1-4(10) through IC 35-47-11.1-4(13);
267	267	25 and
268	268	26 (2) except as provided in subdivision (1)(B), does not apply to,
269	269	27 or affect the validity of, a:
270	270	28 (A) contract or agreement that is initially entered into
271	271	29 before July 1, 2024, even if that contract is later amended
272	272	30 or renewed; or
273	273	31 (B) statute, administrative rule, ordinance, or policy:
274	274	32 (i) enacted by a government entity; and
275	275	33 (ii) in effect on January 1, 2024.
276	276	34 Sec. 2. For purposes of this chapter, "applicable statutes"
277	277	35 means:
278	278	36 (1) IC 35-47-11.1-4(1);
279	279	37 (2) IC 35-47-11.1-4(3); and
280	280	38 (3) IC 35-47-11.1-4(5) through IC 35-47-11.1-4(9).
281	281	39 Sec. 3. For purposes of this chapter, "government entity" means
282	282	40 a state entity or a political subdivision.
283	283	41 Sec. 4. For purposes of this chapter, "government property"
284	284	42 means:
285	285	2024 IN 144—LS 6359/DI 144 7
286	286	1 (1) land that is; or
287	287	2 (2) buildings, other structures, or capital improvements that
288	288	3 are;
289	289	4 wholly or partially owned, leased, rented, acquired, held, operated,
290	290	5 maintained, or managed by a government entity.
291	291	6 Sec. 5. For purposes of this chapter, "political subdivision" has
292	292	7 the meaning set forth in IC 36-1-2-13.
293	293	8 Sec. 6. For purposes of this chapter, "state entity" means an
294	294	9 agency, an authority, an office, a board, a bureau, a branch, a
295	295	10 commission, a committee, a department, a division, or another
296	296	11 instrumentality of state government, including the:
297	297	12 (1) executive branch;
298	298	13 (2) legislative branch; and
299	299	14 (3) judicial branch;
300	300	15 of state government.
301	301	16 Sec. 7. Except as provided in the applicable statutes, a
302	302	17 government entity may not regulate or restrict by administrative
303	303	18 rule, ordinance, or policy the ownership, possession, or carrying of
304	304	19 a handgun on government property by an individual who meets
305	305	20 both of the following requirements:
306	306	21 (1) The individual holds a valid license to carry a handgun
307	307	22 under IC 35-47-2-3.
308	308	23 (2) The individual is not prohibited from owning or possessing
309	309	24 a handgun under state or federal law.
310	310	25 Sec. 8. (a) Except as provided in the applicable statutes, a person
311	311	26 who enters, amends, or renews a contract or agreement with a
312	312	27 government entity may not regulate or restrict the ownership,
313	313	28 possession, or carrying of a handgun on government property by
314	314	29 an individual who meets both of the following requirements:
315	315	30 (1) The individual holds a valid license to carry a handgun
316	316	31 under IC 35-47-2-3.
317	317	32 (2) The individual is not prohibited from owning or possessing
318	318	33 a handgun under state or federal law.
319	319	34 (b) The prohibition described in subsection (a) also applies to a
320	320	35 subcontractor or sublessee in any tier of a contract or agreement
321	321	36 with a government entity.
322	322	37 SECTION 5. [EFFECTIVE JULY 1, 2024] (a) The legislative
323	323	38 council is urged to assign to the interim study committee on
324	324	39 corrections and criminal code during the 2024 interim the task of
325	325	40 creating a consolidated and comprehensive list of the places at
326	326	41 which the carrying of a firearm is prohibited under state or federal
327	327	42 law.
328	328	2024 IN 144—LS 6359/DI 144 8
329	329	1 (b) This SECTION expires December 31, 2024.
330	330	2024 IN 144—LS 6359/DI 144