Introduced Version
HOUSE BILL No. 1014
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-50-1-2.
Synopsis: Consecutive terms of imprisonment for misdemeanors.
Limits the total of the consecutive terms of imprisonment to which a
defendant is sentenced for misdemeanor convictions arising out of an
episode of criminal conduct.
Effective: July 1, 2025.
Zimmerman
January 8, 2025, read first time and referred to Committee on Courts and Criminal Code.
2025 IN 1014—LS 6045/DI 154 Introduced
First Regular Session of the 124th General Assembly (2025)
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HOUSE BILL No. 1014
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 35-50-1-2, AS AMENDED BY P.L.142-2020,
2 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 2. (a) As used in this section, "crime of violence"
4 means the following:
5 (1) Murder (IC 35-42-1-1).
6 (2) Attempted murder (IC 35-41-5-1).
7 (3) Voluntary manslaughter (IC 35-42-1-3).
8 (4) Involuntary manslaughter (IC 35-42-1-4).
9 (5) Reckless homicide (IC 35-42-1-5).
10 (6) Battery (IC 35-42-2-1) as a:
11 (A) Level 2 felony;
12 (B) Level 3 felony;
13 (C) Level 4 felony; or
14 (D) Level 5 felony.
15 (7) Domestic battery (IC 35-42-2-1.3) as a:
16 (A) Level 2 felony;
17 (B) Level 3 felony;
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1 (C) Level 4 felony; or
2 (D) Level 5 felony.
3 (8) Aggravated battery (IC 35-42-2-1.5).
4 (9) Kidnapping (IC 35-42-3-2).
5 (10) Rape (IC 35-42-4-1).
6 (11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
7 (12) Child molesting (IC 35-42-4-3).
8 (13) Sexual misconduct with a minor as a Level 1 felony under
9 IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
10 (14) Robbery as a Level 2 felony or a Level 3 felony (IC
11 35-42-5-1).
12 (15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
13 or Level 4 felony (IC 35-43-2-1).
14 (16) Operating a vehicle while intoxicated causing death or
15 catastrophic injury (IC 9-30-5-5).
16 (17) Operating a vehicle while intoxicated causing serious bodily
17 injury to another person (IC 9-30-5-4).
18 (18) Child exploitation as a Level 5 felony under IC 35-42-4-4(b)
19 or a Level 4 felony under IC 35-42-4-4(c).
20 (19) Resisting law enforcement as a felony (IC 35-44.1-3-1).
21 (20) Unlawful possession of a firearm by a serious violent felon
22 (IC 35-47-4-5).
23 (21) Strangulation (IC 35-42-2-9) as a Level 5 felony.
24 (b) As used in this section, "episode of criminal conduct" means
25 offenses or a connected series of offenses that are closely related in
26 time, place, and circumstance.
27 (c) Except as provided in subsection (e) or (f) the court shall
28 determine whether terms of imprisonment shall be served concurrently
29 or consecutively. The court may consider the:
30 (1) aggravating circumstances in IC 35-38-1-7.1(a); and
31 (2) mitigating circumstances in IC 35-38-1-7.1(b);
32 in making a determination under this subsection. The court may order
33 terms of imprisonment to be served consecutively even if the sentences
34 are not imposed at the same time. However, except for crimes of
35 violence, the total of the consecutive terms of imprisonment, exclusive
36 of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10
37 (before its repeal) to which the defendant is sentenced for felony or
38 misdemeanor convictions arising out of an episode of criminal
39 conduct shall not exceed the period described in subsection (d).
40 (d) Except as provided in subsection (c), the total of the consecutive
41 terms of imprisonment to which the defendant is sentenced for felony
42 convictions arising out of an episode of criminal conduct may not
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1 exceed the following:
2 (1) If the most serious crime for which the defendant is
3 sentenced is a Class C misdemeanor, the total of the
4 consecutive terms of imprisonment may not exceed one (1)
5 year.
6 (2) If the most serious crime for which the defendant is
7 sentenced is a Class B misdemeanor, the total of the
8 consecutive terms of imprisonment may not exceed two (2)
9 years.
10 (3) If the most serious crime for which the defendant is
11 sentenced is a Class A misdemeanor, the total of the
12 consecutive terms of imprisonment may not exceed three (3)
13 years.
14 (1) (4) If the most serious crime for which the defendant is
15 sentenced is a Level 6 felony, the total of the consecutive terms
16 of imprisonment may not exceed four (4) years.
17 (2) (5) If the most serious crime for which the defendant is
18 sentenced is a Level 5 felony, the total of the consecutive terms
19 of imprisonment may not exceed seven (7) years.
20 (3) (6) If the most serious crime for which the defendant is
21 sentenced is a Level 4 felony, the total of the consecutive terms
22 of imprisonment may not exceed fifteen (15) years.
23 (4) (7) If the most serious crime for which the defendant is
24 sentenced is a Level 3 felony, the total of the consecutive terms
25 of imprisonment may not exceed twenty (20) years.
26 (5) (8) If the most serious crime for which the defendant is
27 sentenced is a Level 2 felony, the total of the consecutive terms
28 of imprisonment may not exceed thirty-two (32) years.
29 (6) (9) If the most serious crime for which the defendant is
30 sentenced is a Level 1 felony, the total of the consecutive terms
31 of imprisonment may not exceed forty-two (42) years.
32 (e) If, after being arrested for one (1) crime, a person commits
33 another crime:
34 (1) before the date the person is discharged from probation,
35 parole, or a term of imprisonment imposed for the first crime; or
36 (2) while the person is released:
37 (A) upon the person's own recognizance; or
38 (B) on bond;
39 the terms of imprisonment for the crimes shall be served consecutively,
40 regardless of the order in which the crimes are tried and sentences are
41 imposed.
42 (f) If the factfinder determines under IC 35-50-2-11 that a person
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1 used a firearm in the commission of the offense for which the person
2 was convicted, the term of imprisonment for the underlying offense and
3 the additional term of imprisonment imposed under IC 35-50-2-11
4 must be served consecutively.
2025 IN 1014—LS 6045/DI 154