IN
Indiana House Bill HB1014

Indiana 2025 Regular Session

Indiana House Bill HB1014 Compare Versions

OldNewDifferences
1-*EH1014.1*
2-March 19, 2025
3-ENGROSSED
1+*HB1014.1*
2+January 27, 2025
43 HOUSE BILL No. 1014
54 _____
6-DIGEST OF HB 1014 (Updated March 18, 2025 12:01 pm - DI 106)
5+DIGEST OF HB 1014 (Updated January 22, 2025 12:52 pm - DI 140)
76 Citations Affected: IC 35-50.
87 Synopsis: Consecutive terms of imprisonment for misdemeanors.
98 Limits the total of the consecutive terms of imprisonment to which a
109 defendant is sentenced for misdemeanor convictions arising out of an
11-episode of criminal conduct. Adds domestic battery, invasion of
12-privacy, and resisting law enforcement to the definition of "crime of
13-violence."
10+episode of criminal conduct.
1411 Effective: July 1, 2025.
1512 Zimmerman, Bascom
16-(SENATE SPONSORS — GLICK, POL JR.)
1713 January 8, 2025, read first time and referred to Committee on Courts and Criminal Code.
1814 January 27, 2025, reported — Do Pass.
19-January 29, 2025, read second time, ordered engrossed.
20-January 30, 2025, engrossed. Read third time, passed. Yeas 91, nays 0.
21-SENATE ACTION
22-February 18, 2025, read first time and referred to Committee on Corrections and Criminal
23-Law.
24-March 18, 2025, amended, reported favorably — Do Pass.
25-EH 1014—LS 6045/DI 154 March 19, 2025
15+HB 1014—LS 6045/DI 154 January 27, 2025
2616 First Regular Session of the 124th General Assembly (2025)
2717 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2818 Constitution) is being amended, the text of the existing provision will appear in this style type,
2919 additions will appear in this style type, and deletions will appear in this style type.
3020 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3121 provision adopted), the text of the new provision will appear in this style type. Also, the
3222 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3323 a new provision to the Indiana Code or the Indiana Constitution.
3424 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3525 between statutes enacted by the 2024 Regular Session of the General Assembly.
36-ENGROSSED
3726 HOUSE BILL No. 1014
3827 A BILL FOR AN ACT to amend the Indiana Code concerning
3928 criminal law and procedure.
4029 Be it enacted by the General Assembly of the State of Indiana:
4130 1 SECTION 1. IC 35-50-1-2, AS AMENDED BY P.L.142-2020,
4231 2 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4332 3 JULY 1, 2025]: Sec. 2. (a) As used in this section, "crime of violence"
4433 4 means the following:
4534 5 (1) Murder (IC 35-42-1-1).
4635 6 (2) Attempted murder (IC 35-41-5-1).
4736 7 (3) Voluntary manslaughter (IC 35-42-1-3).
4837 8 (4) Involuntary manslaughter (IC 35-42-1-4).
4938 9 (5) Reckless homicide (IC 35-42-1-5).
5039 10 (6) Battery (IC 35-42-2-1) as a:
5140 11 (A) Level 2 felony;
5241 12 (B) Level 3 felony;
5342 13 (C) Level 4 felony; or
5443 14 (D) Level 5 felony.
5544 15 (7) Domestic battery (IC 35-42-2-1.3) as a:
5645 16 (A) Level 2 felony;
5746 17 (B) Level 3 felony;
58-EH 1014—LS 6045/DI 154 2
47+HB 1014—LS 6045/DI 154 2
5948 1 (C) Level 4 felony; or
60-2 (D) Level 5 felony;
61-3 (E) Level 6 felony; or
62-4 (F) Class A misdemeanor.
63-5 (8) Aggravated battery (IC 35-42-2-1.5).
64-6 (9) Kidnapping (IC 35-42-3-2).
65-7 (10) Rape (IC 35-42-4-1).
66-8 (11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
67-9 (12) Child molesting (IC 35-42-4-3).
68-10 (13) Sexual misconduct with a minor as a Level 1 felony under
69-11 IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
70-12 (14) Robbery as a Level 2 felony or a Level 3 felony
71-13 (IC 35-42-5-1).
72-14 (15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
73-15 or Level 4 felony (IC 35-43-2-1).
74-16 (16) Operating a vehicle while intoxicated causing death or
75-17 catastrophic injury (IC 9-30-5-5).
76-18 (17) Operating a vehicle while intoxicated causing serious bodily
77-19 injury to another person (IC 9-30-5-4).
78-20 (18) Child exploitation as a Level 5 felony under IC 35-42-4-4(b)
79-21 or a Level 4 felony under IC 35-42-4-4(c).
80-22 (19) Resisting law enforcement as a felony or as a Class A
81-23 misdemeanor (IC 35-44.1-3-1).
82-24 (20) Unlawful possession of a firearm by a serious violent felon
83-25 (IC 35-47-4-5).
84-26 (21) Strangulation (IC 35-42-2-9) as a Level 5 felony.
85-27 (22) Invasion of privacy (IC 35-46-1-15.1) as a:
86-28 (A) Level 6 felony; or
87-29 (B) Class A misdemeanor.
88-30 (b) As used in this section, "episode of criminal conduct" means
89-31 offenses or a connected series of offenses that are closely related in
90-32 time, place, and circumstance.
91-33 (c) Except as provided in subsection (e) or (f) the court shall
92-34 determine whether terms of imprisonment shall be served concurrently
93-35 or consecutively. The court may consider the:
94-36 (1) aggravating circumstances in IC 35-38-1-7.1(a); and
95-37 (2) mitigating circumstances in IC 35-38-1-7.1(b);
96-38 in making a determination under this subsection. The court may order
97-39 terms of imprisonment to be served consecutively even if the sentences
98-40 are not imposed at the same time. However, except for crimes of
99-41 violence, the total of the consecutive terms of imprisonment, exclusive
100-42 of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10
101-EH 1014—LS 6045/DI 154 3
102-1 (before its repeal) to which the defendant is sentenced for felony or
103-2 misdemeanor convictions arising out of an episode of criminal
104-3 conduct shall not exceed the period described in subsection (d).
105-4 (d) Except as provided in subsection (c), the total of the consecutive
106-5 terms of imprisonment to which the defendant is sentenced for felony
107-6 convictions arising out of an episode of criminal conduct may not
108-7 exceed the following:
109-8 (1) If the most serious crime for which the defendant is
110-9 sentenced is a Class C misdemeanor, the total of the
111-10 consecutive terms of imprisonment may not exceed one (1)
112-11 year.
113-12 (2) If the most serious crime for which the defendant is
114-13 sentenced is a Class B misdemeanor, the total of the
115-14 consecutive terms of imprisonment may not exceed two (2)
116-15 years.
117-16 (3) If the most serious crime for which the defendant is
118-17 sentenced is a Class A misdemeanor, the total of the
119-18 consecutive terms of imprisonment may not exceed three (3)
120-19 years.
121-20 (1) (4) If the most serious crime for which the defendant is
122-21 sentenced is a Level 6 felony, the total of the consecutive terms
123-22 of imprisonment may not exceed four (4) years.
124-23 (2) (5) If the most serious crime for which the defendant is
125-24 sentenced is a Level 5 felony, the total of the consecutive terms
126-25 of imprisonment may not exceed seven (7) years.
127-26 (3) (6) If the most serious crime for which the defendant is
128-27 sentenced is a Level 4 felony, the total of the consecutive terms
129-28 of imprisonment may not exceed fifteen (15) years.
130-29 (4) (7) If the most serious crime for which the defendant is
131-30 sentenced is a Level 3 felony, the total of the consecutive terms
132-31 of imprisonment may not exceed twenty (20) years.
133-32 (5) (8) If the most serious crime for which the defendant is
134-33 sentenced is a Level 2 felony, the total of the consecutive terms
135-34 of imprisonment may not exceed thirty-two (32) years.
136-35 (6) (9) If the most serious crime for which the defendant is
137-36 sentenced is a Level 1 felony, the total of the consecutive terms
138-37 of imprisonment may not exceed forty-two (42) years.
139-38 (e) If, after being arrested for one (1) crime, a person commits
140-39 another crime:
141-40 (1) before the date the person is discharged from probation,
142-41 parole, or a term of imprisonment imposed for the first crime; or
143-42 (2) while the person is released:
144-EH 1014—LS 6045/DI 154 4
145-1 (A) upon the person's own recognizance; or
146-2 (B) on bond;
147-3 the terms of imprisonment for the crimes shall be served consecutively,
148-4 regardless of the order in which the crimes are tried and sentences are
149-5 imposed.
150-6 (f) If the factfinder determines under IC 35-50-2-11 that a person
151-7 used a firearm in the commission of the offense for which the person
152-8 was convicted, the term of imprisonment for the underlying offense and
153-9 the additional term of imprisonment imposed under IC 35-50-2-11
154-10 must be served consecutively.
155-EH 1014—LS 6045/DI 154 5
49+2 (D) Level 5 felony.
50+3 (8) Aggravated battery (IC 35-42-2-1.5).
51+4 (9) Kidnapping (IC 35-42-3-2).
52+5 (10) Rape (IC 35-42-4-1).
53+6 (11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
54+7 (12) Child molesting (IC 35-42-4-3).
55+8 (13) Sexual misconduct with a minor as a Level 1 felony under
56+9 IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
57+10 (14) Robbery as a Level 2 felony or a Level 3 felony (IC
58+11 35-42-5-1).
59+12 (15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
60+13 or Level 4 felony (IC 35-43-2-1).
61+14 (16) Operating a vehicle while intoxicated causing death or
62+15 catastrophic injury (IC 9-30-5-5).
63+16 (17) Operating a vehicle while intoxicated causing serious bodily
64+17 injury to another person (IC 9-30-5-4).
65+18 (18) Child exploitation as a Level 5 felony under IC 35-42-4-4(b)
66+19 or a Level 4 felony under IC 35-42-4-4(c).
67+20 (19) Resisting law enforcement as a felony (IC 35-44.1-3-1).
68+21 (20) Unlawful possession of a firearm by a serious violent felon
69+22 (IC 35-47-4-5).
70+23 (21) Strangulation (IC 35-42-2-9) as a Level 5 felony.
71+24 (b) As used in this section, "episode of criminal conduct" means
72+25 offenses or a connected series of offenses that are closely related in
73+26 time, place, and circumstance.
74+27 (c) Except as provided in subsection (e) or (f) the court shall
75+28 determine whether terms of imprisonment shall be served concurrently
76+29 or consecutively. The court may consider the:
77+30 (1) aggravating circumstances in IC 35-38-1-7.1(a); and
78+31 (2) mitigating circumstances in IC 35-38-1-7.1(b);
79+32 in making a determination under this subsection. The court may order
80+33 terms of imprisonment to be served consecutively even if the sentences
81+34 are not imposed at the same time. However, except for crimes of
82+35 violence, the total of the consecutive terms of imprisonment, exclusive
83+36 of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10
84+37 (before its repeal) to which the defendant is sentenced for felony or
85+38 misdemeanor convictions arising out of an episode of criminal
86+39 conduct shall not exceed the period described in subsection (d).
87+40 (d) Except as provided in subsection (c), the total of the consecutive
88+41 terms of imprisonment to which the defendant is sentenced for felony
89+42 convictions arising out of an episode of criminal conduct may not
90+HB 1014—LS 6045/DI 154 3
91+1 exceed the following:
92+2 (1) If the most serious crime for which the defendant is
93+3 sentenced is a Class C misdemeanor, the total of the
94+4 consecutive terms of imprisonment may not exceed one (1)
95+5 year.
96+6 (2) If the most serious crime for which the defendant is
97+7 sentenced is a Class B misdemeanor, the total of the
98+8 consecutive terms of imprisonment may not exceed two (2)
99+9 years.
100+10 (3) If the most serious crime for which the defendant is
101+11 sentenced is a Class A misdemeanor, the total of the
102+12 consecutive terms of imprisonment may not exceed three (3)
103+13 years.
104+14 (1) (4) If the most serious crime for which the defendant is
105+15 sentenced is a Level 6 felony, the total of the consecutive terms
106+16 of imprisonment may not exceed four (4) years.
107+17 (2) (5) If the most serious crime for which the defendant is
108+18 sentenced is a Level 5 felony, the total of the consecutive terms
109+19 of imprisonment may not exceed seven (7) years.
110+20 (3) (6) If the most serious crime for which the defendant is
111+21 sentenced is a Level 4 felony, the total of the consecutive terms
112+22 of imprisonment may not exceed fifteen (15) years.
113+23 (4) (7) If the most serious crime for which the defendant is
114+24 sentenced is a Level 3 felony, the total of the consecutive terms
115+25 of imprisonment may not exceed twenty (20) years.
116+26 (5) (8) If the most serious crime for which the defendant is
117+27 sentenced is a Level 2 felony, the total of the consecutive terms
118+28 of imprisonment may not exceed thirty-two (32) years.
119+29 (6) (9) If the most serious crime for which the defendant is
120+30 sentenced is a Level 1 felony, the total of the consecutive terms
121+31 of imprisonment may not exceed forty-two (42) years.
122+32 (e) If, after being arrested for one (1) crime, a person commits
123+33 another crime:
124+34 (1) before the date the person is discharged from probation,
125+35 parole, or a term of imprisonment imposed for the first crime; or
126+36 (2) while the person is released:
127+37 (A) upon the person's own recognizance; or
128+38 (B) on bond;
129+39 the terms of imprisonment for the crimes shall be served consecutively,
130+40 regardless of the order in which the crimes are tried and sentences are
131+41 imposed.
132+42 (f) If the factfinder determines under IC 35-50-2-11 that a person
133+HB 1014—LS 6045/DI 154 4
134+1 used a firearm in the commission of the offense for which the person
135+2 was convicted, the term of imprisonment for the underlying offense and
136+3 the additional term of imprisonment imposed under IC 35-50-2-11
137+4 must be served consecutively.
138+HB 1014—LS 6045/DI 154 5
156139 COMMITTEE REPORT
157140 Mr. Speaker: Your Committee on Courts and Criminal Code, to
158141 which was referred House Bill 1014, has had the same under
159142 consideration and begs leave to report the same back to the House with
160143 the recommendation that said bill do pass.
161144 (Reference is to HB 1014 as introduced.)
162145 MCNAMARA
163146 Committee Vote: Yeas 11, Nays 0
164-_____
165-COMMITTEE REPORT
166-Mr. President: The Senate Committee on Corrections and Criminal
167-Law, to which was referred House Bill No. 1014, has had the same
168-under consideration and begs leave to report the same back to the
169-Senate with the recommendation that said bill be AMENDED as
170-follows:
171-Page 2, line 1, strike "or".
172-Page 2, line 2, delete "felony." and insert "felony;
173-(E) Level 6 felony; or
174-(F) Class A misdemeanor.".
175-Page 2, line 20, after "felony" insert "or as a Class A
176-misdemeanor".
177-Page 2, between lines 23 and 24, begin a new line block indented
178-and insert:
179-"(22) Invasion of privacy (IC 35-46-1-15.1) as a:
180- (A) Level 6 felony; or
181-(B) Class A misdemeanor.".
182-Renumber all SECTIONS consecutively.
183-and when so amended that said bill do pass.
184-(Reference is to HB 1014 as printed January 27, 2025.)
185-FREEMAN, Chairperson
186-Committee Vote: Yeas 9, Nays 0.
187-EH 1014—LS 6045/DI 154
147+HB 1014—LS 6045/DI 154