Indiana 2025 Regular Session

Indiana House Bill HB1030 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1030
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 1-1-2-2.5; IC 11-13-9-1; IC 33-32-3-1;
7	7	IC 33-40; IC 34-39-3-1; IC 35-36; IC 35-37; IC 35-38; IC 35-50-2.
8	8	Synopsis: Repeal of the death penalty. Repeals the law concerning the
9	9	imposition and execution of death sentences and makes conforming
10	10	amendments. Specifies that if a person was sentenced to death and is
11	11	awaiting execution of the death sentence, the person's death sentence
12	12	is commuted to a sentence of life imprisonment without parole.
13	13	Provides that when a defendant is charged with a murder for which the
14	14	state seeks a sentence of life imprisonment without parole, the
15	15	defendant may file a petition alleging that the defendant is an
16	16	individual with an intellectual disability. Provides that if a defendant
17	17	who is determined to be an individual with an intellectual disability is
18	18	convicted of murder, the court may sentence the defendant only to a
19	19	fixed term of imprisonment.
20	20	Effective: July 1, 2025.
21	21	Morris, Judy, Teshka
22	22	January 8, 2025, read first time and referred to Committee on Courts and Criminal Code.
23	23	2025 IN 1030—LS 6470/DI 92 Introduced
24	24	First Regular Session of the 124th General Assembly (2025)
25	25	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	26	Constitution) is being amended, the text of the existing provision will appear in this style type,
27	27	additions will appear in this style type, and deletions will appear in this style type.
28	28	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	29	provision adopted), the text of the new provision will appear in this style type. Also, the
30	30	word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	31	a new provision to the Indiana Code or the Indiana Constitution.
32	32	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	33	between statutes enacted by the 2024 Regular Session of the General Assembly.
34	34	HOUSE BILL No. 1030
35	35	A BILL FOR AN ACT to amend the Indiana Code concerning
36	36	criminal law and procedure.
37	37	Be it enacted by the General Assembly of the State of Indiana:
38	38	1 SECTION 1. IC 1-1-2-2.5, AS ADDED BY P.L.142-2020,
39	39	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40	40	3 JULY 1, 2025]: Sec. 2.5. (a) This section applies to every crime in
41	41	4 which proof that a person has a prior conviction or judgment for an
42	42	5 infraction increases:
43	43	6 (1) the class or level of the crime;
44	44	7 (2) the penalty for the crime from a misdemeanor to a felony; or
45	45	8 (3) the penalty for an infraction to a misdemeanor or felony.
46	46	9 (b) This section does not apply to a sentencing provision that
47	47	10 increases the penalty that may be imposed for an infraction or crime
48	48	11 but does not increase:
49	49	12 (1) the class or level of the crime;
50	50	13 (2) the penalty for the crime from a misdemeanor to a felony; or
51	51	14 (3) the penalty for an infraction to a misdemeanor or felony;
52	52	15 including IC 35-50-2-8 (habitual offenders), IC 35-50-2-9 (death
53	53	16 penalty (murder sentencing), IC 9-30-15.5 (habitual vehicular
54	54	17 substance offender), and IC 35-50-2-14 (repeat sexual offender).
55	55	2025 IN 1030—LS 6470/DI 92 2
56	56	1 (c) This section does not apply to a crime that contains a specific
57	57	2 lookback period for a prior conviction or judgment for an infraction.
58	58	3 (d) Subject to subsection (e), and except as provided in subsection
59	59	4 (f), a prior conviction or a prior judgment for an infraction increases the
60	60	5 class or level of the crime, the penalty for the crime from a
61	61	6 misdemeanor to a felony, or the penalty for an infraction to a
62	62	7 misdemeanor or felony only if the current crime was committed not
63	63	8 later than twelve (12) years from the date the defendant was:
64	64	9 (1) convicted of the prior crime, if the defendant was not
65	65	10 sentenced to a term of incarceration or probation;
66	66	11 (2) adjudicated to have committed the infraction; or
67	67	12 (3) released from a term of incarceration, probation, or parole
68	68	13 (whichever occurs later) imposed for the prior conviction;
69	69	14 whichever occurred last.
70	70	15 (e) If a crime described in subsection (a) requires proof of more than
71	71	16 one (1) criminal conviction or judgment for an infraction, the increased
72	72	17 penalty applies only if the current crime was committed not later than
73	73	18 twelve (12) years from the date the defendant was:
74	74	19 (1) convicted of one (1) of the prior crimes, if the person was not
75	75	20 sentenced to a term of incarceration or probation;
76	76	21 (2) adjudicated to have committed one (1) of the infractions; or
77	77	22 (3) released from a term of incarceration, probation, or parole
78	78	23 (whichever occurs later) imposed for one (1) of the prior
79	79	24 convictions;
80	80	25 whichever occurred last.
81	81	26 (f) This section does not apply if the crime described in subsection
82	82	27 (a) is one (1) or more of the following:
83	83	28 (1) A crime of violence (as defined by IC 35-50-1-2).
84	84	29 (2) A crime that results in bodily injury or death to a victim.
85	85	30 (3) A sex offense (as defined by IC 11-8-8-5.2).
86	86	31 (4) Domestic battery (IC 35-42-2-1.3).
87	87	32 (5) Strangulation (IC 35-42-2-9).
88	88	33 (6) Operating while intoxicated with a prior conviction for
89	89	34 operating while intoxicated that resulted in death, serious bodily
90	90	35 injury, or catastrophic injury (IC 9-30-5-3(b)).
91	91	36 (7) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
92	92	37 (8) Dealing in methamphetamine (IC 35-48-4-1.1).
93	93	38 (9) Manufacturing methamphetamine (IC 35-48-4-1.2).
94	94	39 (10) Dealing in a schedule I, II, or III controlled substance (IC
95	95	40 35-48-4-2).
96	96	41 (g) If there is a conflict between a provision in this section and
97	97	42 another provision of the Indiana Code, this section controls.
98	98	2025 IN 1030—LS 6470/DI 92 3
99	99	1 SECTION 2. IC 11-13-9-1, AS ADDED BY P.L.119-2008,
100	100	2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
101	101	3 JULY 1, 2025]: Sec. 1. This chapter does not apply to the following:
102	102	4 (1) An inmate who receives a sentence of death or life
103	103	5 imprisonment without parole under IC 35-50-2.
104	104	6 (2) An inmate who has committed an offense described in
105	105	7 IC 11-8-8-4.5.
106	106	8 (3) A person convicted of a crime of violence (as defined in
107	107	9 IC 35-50-1-2).
108	108	10 SECTION 3. IC 33-32-3-1, AS AMENDED BY P.L.78-2014,
109	109	11 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
110	110	12 JULY 1, 2025]: Sec. 1. (a) The clerk shall endorse the time of filing on
111	111	13 each writing required to be filed in the office of the clerk.
112	112	14 (b) The clerk shall carefully preserve in the office of the clerk all
113	113	15 records and writings pertaining to the clerk's official duties.
114	114	16 (c) The clerk shall procure, at the expense of the county, all
115	115	17 necessary judges' appearance, bar, judgment, and execution dockets,
116	116	18 order books, and final record books.
117	117	19 (d) The clerk shall enter in proper record books all orders,
118	118	20 judgments, and decrees of the court.
119	119	21 (e) Not more than fifteen (15) days after the cases are finally
120	120	22 determined, the clerk shall enter in final record books a complete
121	121	23 record of:
122	122	24 (1) all cases involving the title to land;
123	123	25 (2) all criminal cases in which the punishment is death or
124	124	26 imprisonment, except where a nolle prosequi is entered or an
125	125	27 acquittal is had; and
126	126	28 (3) all other cases, at the request of either party and upon payment
127	127	29 of the costs.
128	128	30 SECTION 4. IC 33-40-5-4, AS AMENDED BY P.L.111-2024,
129	129	31 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
130	130	32 JULY 1, 2025]: Sec. 4. (a) The commission shall do the following:
131	131	33 (1) Make recommendations to the supreme court concerning
132	132	34 standards for indigent defense services provided for defendants
133	133	35 against whom the state has sought the death sentence under
134	134	36 IC 35-50-2-9, including the following:
135	135	37 (A) Determining indigency and eligibility for legal
136	136	38 representation.
137	137	39 (B) Selection and qualifications of attorneys to represent
138	138	40 indigent defendants at public expense.
139	139	41 (C) Determining conflicts of interest.
140	140	42 (D) Investigative, clerical, and other support services
141	141	2025 IN 1030—LS 6470/DI 92 4
142	142	1 necessary to provide adequate legal representation.
143	143	2 (2) (1) Adopt guidelines and standards for indigent defense
144	144	3 services under which the counties will be eligible for
145	145	4 reimbursement under IC 33-40-6, including the following:
146	146	5 (A) Determining indigency and the eligibility for legal
147	147	6 representation.
148	148	7 (B) The issuance and enforcement of orders requiring the
149	149	8 defendant to pay for the costs of court appointed legal
150	150	9 representation under IC 33-40-3.
151	151	10 (C) The use and expenditure of funds in the county
152	152	11 supplemental public defender services fund established under
153	153	12 IC 33-40-3-1.
154	154	13 (D) Qualifications of attorneys to represent indigent
155	155	14 defendants at public expense.
156	156	15 (E) Compensation rates for salaried, contractual, and assigned
157	157	16 counsel.
158	158	17 (F) Minimum and maximum caseloads of public defender
159	159	18 offices and contract attorneys.
160	160	19 (G) Requirements concerning the creation and operation of a
161	161	20 multicounty public defender's office created under an
162	162	21 interlocal agreement as described in IC 33-40-7-3.5.
163	163	22 (3) (2) Make recommendations concerning the delivery of
164	164	23 indigent defense services in Indiana, including the funding and
165	165	24 delivery of indigent defense services for juveniles.
166	166	25 (4) (3) Make an annual report to the governor, the general
167	167	26 assembly, and the supreme court on the operation of the public
168	168	27 defense fund.
169	169	28 (5) (4) Make a report not later than December 1, 2029, to the
170	170	29 legislative council and the budget committee concerning the up
171	171	30 to forty percent (40%) reimbursement from the public defense
172	172	31 fund for indigent defense services for misdemeanor cases under
173	173	32 IC 33-40-6-4(d), IC 33-40-6-4(c), IC 33-40-6-5(c), and
174	174	33 IC 33-40-7-11(d).
175	175	34 (b) The commission must provide data and statistics concerning
176	176	35 how the reimbursement has impacted attorney appointment rates, jail
177	177	36 population, trial rates, and case outcomes in the report under subsection
178	178	37 (a)(5).
179	179	38 (c) The report to the general assembly under subsection (a)(4) and
180	180	39 to the legislative council under subsection (a)(5) must be in an
181	181	40 electronic format under IC 5-14-6.
182	182	41 (d) The commission shall not:
183	183	42 (1) receive any additional appropriations from the general
184	184	2025 IN 1030—LS 6470/DI 92 5
185	185	1 assembly for misdemeanor reimbursement; or
186	186	2 (2) reimburse a county other than a county described in
187	187	3 IC 33-40-6-4(d) IC 33-40-6-4(c) for misdemeanor
188	188	4 reimbursement;
189	189	5 before July 1, 2029.
190	190	6 SECTION 5. IC 33-40-6-4, AS AMENDED BY P.L.111-2024,
191	191	7 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
192	192	8 JULY 1, 2025]: Sec. 4.(a) For purposes of this section, the term
193	193	9 "county auditor" includes a person who:
194	194	10 (1) is the auditor of a county that is a member of a multicounty
195	195	11 public defender's office; and
196	196	12 (2) is responsible for the receipt, disbursement, and accounting of
197	197	13 all monies distributed to the multicounty public defender's office.
198	198	14 (b) A county auditor may submit on a quarterly basis a certified
199	199	15 request to the Indiana commission on court appointed attorneys for
200	200	16 reimbursement from the public defense fund for an amount equal to
201	201	17 fifty percent (50%) of the county's expenditures for indigent defense
202	202	18 services provided to a defendant against whom the death sentence is
203	203	19 sought under IC 35-50-2-9.
204	204	20 (c) (b) Except as provided in subsection (d), (c), a county auditor
205	205	21 may submit on a quarterly basis a certified request to the Indiana
206	206	22 commission on court appointed attorneys for reimbursement from the
207	207	23 public defense fund for an amount equal to forty percent (40%) of the
208	208	24 county's or multicounty public defender's office's expenditures for
209	209	25 indigent defense services provided in all noncapital cases except
210	210	26 misdemeanors.
211	211	27 (d) (c) This subsection applies to a county that is one (1) of up to
212	212	28 twelve (12) counties that shall be selected by the Indiana commission
213	213	29 on court appointed attorneys based on population and geographic
214	214	30 diversity. A county auditor may submit on a quarterly basis a certified
215	215	31 request to the Indiana commission on court appointed attorneys for
216	216	32 reimbursement from the public defense fund for an amount that is up
217	217	33 to forty percent (40%) of the county's or multicounty public defender's
218	218	34 office's expenditures for indigent defense services provided in
219	219	35 misdemeanor cases. This subsection expires June 30, 2029.
220	220	36 (e) (d) The Indiana commission on court appointed attorneys may
221	221	37 substitute a county described in subsection (d) (c) with a county with
222	222	38 similar population and geographic characteristics if the county
223	223	39 described in subsection (d) (c) declines to participate in the
224	224	40 misdemeanor reimbursement. If a county is substituted under this
225	225	41 subsection, the Indiana commission on court appointed attorneys shall
226	226	42 publish on its website the replacement county.
227	227	2025 IN 1030—LS 6470/DI 92 6
228	228	1 (f) (e) A request under this section from a county described in
229	229	2 IC 33-40-7-1(5) may be limited to expenditures for indigent defense
230	230	3 services provided by a particular division of a court.
231	231	4 (g) (f) A county auditor shall submit quarterly to the Indiana
232	232	5 commission on court appointed attorneys information to be included in
233	233	6 the report under IC 33-40-5-4(a)(5) IC 33-40-5-4(a)(4) regarding
234	234	7 reimbursements requested and received from the public defense fund
235	235	8 for the county's expenditures for indigent defense services provided
236	236	9 under subsections (b) and (c). and (d).
237	237	10 SECTION 6. IC 33-40-6-5, AS AMENDED BY THE TECHNICAL
238	238	11 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
239	239	12 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
240	240	13 Sec. 5. (a) As used in this section, "commission" means the Indiana
241	241	14 commission on court appointed attorneys established by IC 33-40-5-2.
242	242	15 (b) Except as provided under subsection (c) and section 6 of this
243	243	16 chapter, upon certification by a county auditor and a determination by
244	244	17 the commission that the request is in compliance with the guidelines
245	245	18 and standards set by the commission, the commission shall quarterly
246	246	19 authorize an amount of reimbursement due the county or multicounty
247	247	20 public defender's office
248	248	21 (1) that is equal to fifty percent (50%) of the county's or
249	249	22 multicounty public defender's office's certified expenditures for
250	250	23 indigent defense services provided for a defendant against whom
251	251	24 the death sentence is sought under IC 35-50-2-9; and
252	252	25 (2) except as provided in subsection (c), that is equal to forty
253	253	26 percent (40%) of the county's or multicounty public defender's
254	254	27 office's certified expenditures for defense services provided in
255	255	28 noncapital all cases except misdemeanors.
256	256	29 The commission shall then certify to the state comptroller the amount
257	257	30 of reimbursement owed to a county or multicounty public defender's
258	258	31 office under this chapter.
259	259	32 (c) This subsection applies to a county that is one (1) of up to twelve
260	260	33 (12) counties that shall be selected by the Indiana commission on court
261	261	34 appointed attorneys based on population and geographic diversity.
262	262	35 Upon certification by a county auditor and a determination by the
263	263	36 commission that the request is in compliance with the guidelines and
264	264	37 standards set by the commission, the commission may quarterly
265	265	38 authorize an amount of reimbursement due the county or multicounty
266	266	39 public defender's office that is up to forty percent (40%) of the county's
267	267	40 or multicounty public defender's office's certified expenditures for
268	268	41 defense services provided in misdemeanor cases. This subsection
269	269	42 expires June 30, 2029.
270	270	2025 IN 1030—LS 6470/DI 92 7
271	271	1 (d) The Indiana commission on court appointed attorneys may
272	272	2 substitute a county described in subsection (c) with a county with
273	273	3 similar population and geographic characteristics if the county
274	274	4 described in subsection (c) declines to participate in the misdemeanor
275	275	5 reimbursement. If a county is substituted under this subsection, the
276	276	6 commission shall publish on its website the replacement county.
277	277	7 (e) Upon receiving certification from the commission, the state
278	278	8 comptroller shall issue a warrant to the treasurer of state for
279	279	9 disbursement to the county or multicounty public defender's office of
280	280	10 the amount certified.
281	281	11 (f) The commission shall include in its report under
282	282	12 IC 33-40-5-4(a)(5) IC 33-40-5-4(a)(4) information regarding requested
283	283	13 reimbursements and amounts certified for reimbursements to each
284	284	14 county or multicounty public defender's office under subsections (b)
285	285	15 and (c).
286	286	16 SECTION 7. IC 33-40-6-6 IS AMENDED TO READ AS
287	287	17 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. The commission
288	288	18 shall give priority to certified claims for reimbursement in capital
289	289	19 cases. If the balance in the public defense fund is not adequate to fully
290	290	20 reimburse all certified claims, in noncapital cases, the commission
291	291	21 shall prorate the reimbursement of certified claims. in noncapital cases.
292	292	22 SECTION 8. IC 33-40-7-11, AS AMENDED BY P.L.111-2024,
293	293	23 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
294	294	24 JULY 1, 2025]: Sec. 11. (a) For purposes of this section, the term
295	295	25 "county auditor" includes a person who:
296	296	26 (1) is the auditor of a county that is a member of a multicounty
297	297	27 public defender's office described in section 3.5 of this chapter;
298	298	28 and
299	299	29 (2) is responsible for the receipt, disbursement, and accounting of
300	300	30 all monies distributed to the multicounty public defender's office.
301	301	31 (b) A county public defender board or the joint board of a
302	302	32 multicounty public defender's office shall submit a written request for
303	303	33 reimbursement to the county auditor. The request must set forth the
304	304	34 total of the county's or multicounty public defender's office's
305	305	35 expenditures for indigent defense services to the county auditor and
306	306	36 may be limited in a county described in section 1(5) of this chapter to
307	307	37 expenditures for indigent defense services provided by a particular
308	308	38 division of a court. The county auditor shall review the request and
309	309	39 certify the total of the county's or multicounty's expenditures for
310	310	40 indigent defense services to the Indiana commission on court appointed
311	311	41 attorneys.
312	312	42 (c) Except as provided in subsection (d), upon certification by the
313	313	2025 IN 1030—LS 6470/DI 92 8
314	314	1 Indiana commission on court appointed attorneys that the county's or
315	315	2 multicounty public defender's office's indigent defense services meet
316	316	3 the commission's standards, the state comptroller shall issue a warrant
317	317	4 to the treasurer of state for disbursement to the county of a sum equal
318	318	5 to forty percent (40%) of the county's or multicounty public defender's
319	319	6 office's certified expenditures for indigent defense services provided in
320	320	7 noncapital all cases except misdemeanors.
321	321	8 (d) This subsection applies to a county that is one (1) of up to twelve
322	322	9 (12) counties that shall be selected by the Indiana commission on court
323	323	10 appointed attorneys based on population and geographic diversity.
324	324	11 Upon certification by the Indiana commission on court appointed
325	325	12 attorneys that the county's or multicounty public defender's office's
326	326	13 indigent defense services meet the commission's standards, the state
327	327	14 comptroller shall issue a warrant to the treasurer of state for
328	328	15 disbursement to the county of a sum that is up to forty percent (40%)
329	329	16 of the county's or multicounty public defender's office's certified
330	330	17 expenditures for indigent defense services provided for misdemeanor
331	331	18 cases. This subsection expires June 30, 2029.
332	332	19 (e) If a county's indigent defense services fail to meet the standards
333	333	20 adopted by the Indiana commission on court appointed attorneys, the
334	334	21 Indiana commission on court appointed attorneys shall notify the
335	335	22 county public defender board or the joint board of a multicounty public
336	336	23 defender's office and the county fiscal body of the failure to comply
337	337	24 with the commission's standards. Unless the county or multicounty
338	338	25 public defender board corrects the deficiencies to comply with the
339	339	26 standards not more than ninety (90) days after the date of the notice,
340	340	27 the county's or multicounty's eligibility for reimbursement from the
341	341	28 public defense fund terminates at the close of that fiscal year.
342	342	29 (f) A county or multicounty public defender's office shall submit to
343	343	30 the Indiana commission on court appointed attorneys information to be
344	344	31 included in the annual report under IC 33-40-5-4(a)(5)
345	345	32 IC 33-40-5-4(a)(4) regarding expenses reported to the county auditor
346	346	33 for reimbursement by the Indiana commission on court appointed
347	347	34 attorneys.
348	348	35 SECTION 9. IC 34-39-3-1 IS AMENDED TO READ AS
349	349	36 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Evidence of a
350	350	37 final judgment that:
351	351	38 (1) is entered after a trial or upon a plea of guilty; and
352	352	39 (2) adjudges a person guilty of a crime punishable by death or
353	353	40 imprisonment of more than one (1) year;
354	354	41 shall be admissible in a civil action to prove any fact essential to
355	355	42 sustaining the judgment, and is not excluded from admission as hearsay
356	356	2025 IN 1030—LS 6470/DI 92 9
357	357	1 regardless of whether the declarant is available as a witness.
358	358	2 (b) The pendency of an appeal may be shown but does not affect the
359	359	3 admissibility of evidence under this section.
360	360	4 SECTION 10. IC 35-36-2-5, AS AMENDED BY P.L.161-2018,
361	361	5 SECTION 119, IS AMENDED TO READ AS FOLLOWS
362	362	6 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) Except as provided by
363	363	7 subsection (e), whenever a defendant is found guilty but mentally ill at
364	364	8 the time of the crime or enters a plea to that effect that is accepted by
365	365	9 the court, the court shall sentence the defendant in the same manner as
366	366	10 a defendant found guilty of the offense.
367	367	11 (b) Before sentencing the defendant under subsection (a), the court
368	368	12 shall require the defendant to be evaluated by a physician licensed
369	369	13 under IC 25-22.5 who practices psychiatric medicine, a licensed
370	370	14 psychologist, or a community mental health center (as defined in
371	371	15 IC 12-7-2-38). However, the court may waive this requirement if the
372	372	16 defendant was evaluated by a physician licensed under IC 25-22.5 who
373	373	17 practices psychiatric medicine, a licensed psychologist, or a community
374	374	18 mental health center and the evaluation is contained in the record of the
375	375	19 defendant's trial or plea agreement hearing.
376	376	20 (c) If a defendant who is found guilty but mentally ill at the time of
377	377	21 the crime is committed to the department of correction, the defendant
378	378	22 shall be further evaluated and then treated in such a manner as is
379	379	23 psychiatrically indicated for the defendant's mental illness. Treatment
380	380	24 may be provided by:
381	381	25 (1) the department of correction; or
382	382	26 (2) the division of mental health and addiction after transfer under
383	383	27 IC 11-10-4.
384	384	28 (d) If a defendant who is found guilty but mentally ill at the time of
385	385	29 the crime is placed on probation, the court may, in accordance with
386	386	30 IC 35-38-2-2.3, require that the defendant undergo treatment.
387	387	31 (e) As used in this subsection, "individual with an intellectual
388	388	32 disability" means an individual who, before becoming twenty-two (22)
389	389	33 years of age, manifests:
390	390	34 (1) significantly subaverage intellectual functioning; and
391	391	35 (2) substantial impairment of adaptive behavior;
392	392	36 that is documented in a court ordered evaluative report. If a court
393	393	37 determines under IC 35-36-9 that a defendant who is charged with a
394	394	38 murder for which the state seeks a death sentence of life imprisonment
395	395	39 without parole is an individual with an intellectual disability, the court
396	396	40 shall sentence the defendant under IC 35-50-2-3(a).
397	397	41 (f) If a defendant is found guilty but mentally ill, the court shall
398	398	42 transmit any information required by the office of judicial
399	399	2025 IN 1030—LS 6470/DI 92 10
400	400	1 administration to the office of judicial administration for transmission
401	401	2 to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with
402	402	3 IC 33-24-6-3.
403	403	4 SECTION 11. IC 35-36-9-1 IS AMENDED TO READ AS
404	404	5 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. This chapter applies
405	405	6 when a defendant is charged with a murder for which the state seeks a
406	406	7 death sentence of life imprisonment without parole under
407	407	8 IC 35-50-2-9.
408	408	9 SECTION 12. IC 35-36-9-6, AS AMENDED BY P.L.117-2015,
409	409	10 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
410	410	11 JULY 1, 2025]: Sec. 6. If the court determines that the defendant is an
411	411	12 individual with an intellectual disability under section 5 of this chapter,
412	412	13 the part of the state's charging instrument filed under IC 35-50-2-9(a)
413	413	14 that seeks a death sentence of life imprisonment without parole
414	414	15 against the defendant shall be dismissed.
415	415	16 SECTION 13. IC 35-37-1-3, AS AMENDED BY P.L.158-2013,
416	416	17 SECTION 392, IS AMENDED TO READ AS FOLLOWS
417	417	18 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) In prosecutions for murder
418	418	19 where the death penalty is sought, the defendant may challenge,
419	419	20 peremptorily, twenty (20) jurors.
420	420	21 (b) (a) In prosecutions for murder where the death penalty is not
421	421	22 sought, and or Level 1, Level 2, Level 3, Level 4, or Level 5 felonies,
422	422	23 the defendant may challenge, peremptorily, ten (10) jurors.
423	423	24 (c) (b) In prosecutions for all other crimes, the defendant may
424	424	25 challenge, peremptorily, five (5) jurors.
425	425	26 (d) (c) When several defendants are tried together, they must join in
426	426	27 their challenges.
427	427	28 SECTION 14. IC 35-37-1-5 IS AMENDED TO READ AS
428	428	29 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) The following are
429	429	30 good causes for challenge to any person called as a juror in any
430	430	31 criminal trial:
431	431	32 (1) That the person was a member of the grand jury that found the
432	432	33 indictment.
433	433	34 (2) That the person has formed or expressed an opinion as to the
434	434	35 guilt or innocence of the defendant. However, such an opinion is
435	435	36 subject to subsection (b).
436	436	37 (3) If the state is seeking a death sentence, that the person
437	437	38 entertains such conscientious opinions as would preclude the
438	438	39 person from recommending that the death penalty be imposed.
439	439	40 (4) (3) That the person is related within the fifth degree to the
440	440	41 person alleged to be the victim of the offense charged, to the
441	441	42 person on whose complaint the prosecution was instituted, or to
442	442	2025 IN 1030—LS 6470/DI 92 11
443	443	1 the defendant.
444	444	2 (5) (4) That the person has served on a trial jury which was sworn
445	445	3 in the same case against the same defendant, and which jury was
446	446	4 discharged after hearing the evidence, or rendered a verdict which
447	447	5 was set aside.
448	448	6 (6) (5) That the person served as a juror in a civil case brought
449	449	7 against the defendant for the same act.
450	450	8 (7) (6) That the person has been subpoenaed in good faith as a
451	451	9 witness in the case.
452	452	10 (8) (7) That the person is a mentally incompetent person.
453	453	11 (9) (8) That the person is an alien.
454	454	12 (10) (9) That the person has been called to sit on the jury at the
455	455	13 person's own solicitation or that of another.
456	456	14 (11) (10) That the person is biased or prejudiced for or against the
457	457	15 defendant.
458	458	16 (12) (11) That the person does not have the qualifications for a
459	459	17 juror prescribed by law.
460	460	18 (13) (12) That, from defective sight or hearing, ignorance of the
461	461	19 English language, or other cause, the person is unable to
462	462	20 comprehend the evidence and the instructions of the court.
463	463	21 (14) (13) That the person has a personal interest in the result of
464	464	22 the trial.
465	465	23 (15) (14) If the person is not a member of the regular panel, that
466	466	24 the person has served on a jury within twelve (12) months
467	467	25 immediately preceding the trial.
468	468	26 (b) If a person called as a juror states that the person has formed or
469	469	27 expressed an opinion as to the guilt or innocence of the defendant, the
470	470	28 court or the parties shall proceed to examine the juror on oath as to the
471	471	29 grounds of the juror's opinion. If the juror's opinion appears to have
472	472	30 been founded upon reading newspaper statements, communications,
473	473	31 comments, reports, rumors, or hearsay, and if:
474	474	32 (1) the juror's opinion appears not to have been founded upon:
475	475	33 (A) conversation with a witness of the transaction;
476	476	34 (B) reading reports of a witness testimony; or
477	477	35 (C) hearing a witness testify;
478	478	36 (2) the juror states on oath that the juror feels able,
479	479	37 notwithstanding the juror's opinion, to render an impartial verdict
480	480	38 upon the law and evidence; and
481	481	39 (3) the court is satisfied that the juror will render an impartial
482	482	40 verdict;
483	483	41 the court may admit the juror as competent to serve in the case.
484	484	42 SECTION 15. IC 35-37-5-6 IS AMENDED TO READ AS
485	485	2025 IN 1030—LS 6470/DI 92 12
486	486	1 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) If a judge of a
487	487	2 court of record in any other state, which by its laws has made provision
488	488	3 for commanding a prisoner within that state to attend and testify in this
489	489	4 state, certifies under the seal of the court that:
490	490	5 (1) there is a criminal prosecution pending in such court or that a
491	491	6 grand jury investigation has commenced;
492	492	7 (2) a person confined by the department of correction (other than
493	493	8 a person awaiting execution of a sentence of death) is a material
494	494	9 witness in such prosecution or investigation; and
495	495	10 (3) his the prisoner's presence is required for a specified number
496	496	11 of days;
497	497	12 a judge of a court with jurisdiction to try felony cases in the county
498	498	13 where the person is confined, after notice to the attorney general, shall
499	499	14 fix a time and place for a hearing and shall order the person having
500	500	15 custody of the prisoner to produce him the prisoner at the hearing.
501	501	16 (b) If at such hearing the judge determines that the prisoner is a
502	502	17 material and necessary witness in the requesting state, the judge shall
503	503	18 issue an order directing that the prisoner attend the court where the
504	504	19 prosecution or investigation is pending, upon such terms and
505	505	20 conditions as the judge prescribes, including:
506	506	21 (1) provision for the return of the prisoner at the conclusion of his
507	507	22 the prisoner's testimony;
508	508	23 (2) proper safeguards on his the prisoner's custody; and
509	509	24 (3) proper financial reimbursement or other payment by the
510	510	25 demanding jurisdiction for all expenses incurred in the production
511	511	26 and return of the prisoner.
512	512	27 (c) The attorney general is authorized to enter into agreements with
513	513	28 authorities of the demanding jurisdiction to insure ensure proper
514	514	29 compliance with the order of the court.
515	515	30 (d) If:
516	516	31 (1) a criminal action is pending in a court of record of this state by
517	517	32 reason of the filing of an indictment or affidavit or by reason of
518	518	33 the commencement of a grand jury proceeding or investigation;
519	519	34 (2) there is reasonable cause to believe that a person confined in
520	520	35 a correctional institution or prison of another state (other than a
521	521	36 person awaiting execution of a sentence of death or one confined
522	522	37 as mentally ill) possesses information material to such criminal
523	523	38 action;
524	524	39 (3) the attendance of such person as a witness in such action is
525	525	40 desired by a party; and
526	526	41 (4) the state in which such person is confined possesses a statute
527	527	42 equivalent to this section;
528	528	2025 IN 1030—LS 6470/DI 92 13
529	529	1 a judge of the court in which such action is pending may issue a
530	530	2 certificate certifying all such facts and that the attendance of such
531	531	3 person as a witness in such court is required for a specified number of
532	532	4 days. Such a certificate may be issued upon application of either the
533	533	5 state or defendant demonstrating all the facts specified in this section.
534	534	6 (e) Upon issuing such a certificate, the court may deliver it to a
535	535	7 court of such other state which, pursuant to the laws thereof, is
536	536	8 authorized to undertake legal action for the delivery of such prisoners
537	537	9 to this state as witnesses.
538	538	10 SECTION 16. IC 35-38-4-6, AS AMENDED BY P.L.106-2010,
539	539	11 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
540	540	12 JULY 1, 2025]: Sec. 6. (a) An appeal to the supreme court or to the
541	541	13 court of appeals from a judgment of conviction does not stay the
542	542	14 execution of the sentence, unless
543	543	15 (1) the punishment is to be death; or
544	544	16 (2) the judgment is for a fine and costs (including fees) only, in
545	545	17 which case the execution of the sentence may be stayed by an
546	546	18 order of the court.
547	547	19 (b) If the punishment is to be imprisonment and a fine and costs
548	548	20 (including fees), the execution of the sentence as to the fine and costs
549	549	21 (including fees) only may be stayed by the court.
550	550	22 (c) In the case of an appeal from a judgment in a capital case, the
551	551	23 order of suspension must specify the day until which the execution of
552	552	24 the sentence is stayed.
553	553	25 SECTION 17. IC 35-38-6 IS REPEALED [EFFECTIVE JULY 1,
554	554	26 2025]. (Execution of Death Sentence).
555	555	27 SECTION 18. IC 35-50-2-3, AS AMENDED BY P.L.117-2015,
556	556	28 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
557	557	29 JULY 1, 2025]: Sec. 3. (a) A person who commits murder shall be
558	558	30 imprisoned for a fixed term of between forty-five (45) and sixty-five
559	559	31 (65) years, with the advisory sentence being fifty-five (55) years. In
560	560	32 addition, the person may be fined not more than ten thousand dollars
561	561	33 ($10,000).
562	562	34 (b) Notwithstanding subsection (a), a person who was
563	563	35 (1) at least eighteen (18) sixteen (16) years of age at the time the
564	564	36 murder was committed may be sentenced to
565	565	37 (A) death; or
566	566	38 (B) life imprisonment without parole and
567	567	39 (2) at least sixteen (16) years of age but less than eighteen (18)
568	568	40 years of age at the time the murder was committed may be
569	569	41 sentenced to life imprisonment without parole;
570	570	42 under section 9 of this chapter unless a court determines under
571	571	2025 IN 1030—LS 6470/DI 92 14
572	572	1 IC 35-36-9 that the person is an individual with an intellectual
573	573	2 disability.
574	574	3 SECTION 19. IC 35-50-2-3.5 IS ADDED TO THE INDIANA
575	575	4 CODE AS A NEW SECTION TO READ AS FOLLOWS
576	576	5 [EFFECTIVE JULY 1, 2025]: Sec. 3.5. If a person:
577	577	6 (1) was sentenced to death under Indiana law on or before
578	578	7 July 1, 2025; and
579	579	8 (2) is awaiting execution of the death sentence on July 1, 2025;
580	580	9 the person's death sentence shall be commuted to a sentence of life
581	581	10 imprisonment without parole.
582	582	11 SECTION 20. IC 35-50-2-9, AS AMENDED BY P.L.65-2016,
583	583	12 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
584	584	13 JULY 1, 2025]: Sec. 9. (a) The state may seek either a death sentence
585	585	14 or a sentence of life imprisonment without parole for murder by
586	586	15 alleging, on a page separate from the rest of the charging instrument,
587	587	16 the existence of at least one (1) of the aggravating circumstances listed
588	588	17 in subsection (b). In the sentencing hearing after a person is convicted
589	589	18 of murder, the state must prove beyond a reasonable doubt the
590	590	19 existence of at least one (1) of the aggravating circumstances alleged.
591	591	20 However, the state may not proceed against a defendant under this
592	592	21 section if a court determines at a pretrial hearing under IC 35-36-9 that
593	593	22 the defendant is an individual with an intellectual disability.
594	594	23 (b) The aggravating circumstances are as follows:
595	595	24 (1) The defendant committed the murder by intentionally killing
596	596	25 the victim while committing or attempting to commit any of the
597	597	26 following:
598	598	27 (A) Arson (IC 35-43-1-1).
599	599	28 (B) Burglary (IC 35-43-2-1).
600	600	29 (C) Child molesting (IC 35-42-4-3).
601	601	30 (D) Criminal deviate conduct (IC 35-42-4-2) (before its
602	602	31 repeal).
603	603	32 (E) Kidnapping (IC 35-42-3-2).
604	604	33 (F) Rape (IC 35-42-4-1).
605	605	34 (G) Robbery (IC 35-42-5-1).
606	606	35 (H) Carjacking (IC 35-42-5-2) (before its repeal).
607	607	36 (I) Criminal organization activity (IC 35-45-9-3).
608	608	37 (J) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
609	609	38 (K) Criminal confinement (IC 35-42-3-3).
610	610	39 (2) The defendant committed the murder by the unlawful
611	611	40 detonation of an explosive with intent to injure a person or
612	612	41 damage property.
613	613	42 (3) The defendant committed the murder by lying in wait.
614	614	2025 IN 1030—LS 6470/DI 92 15
615	615	1 (4) The defendant who committed the murder was hired to kill.
616	616	2 (5) The defendant committed the murder by hiring another person
617	617	3 to kill.
618	618	4 (6) The victim of the murder was a corrections employee,
619	619	5 probation officer, parole officer, community corrections worker,
620	620	6 home detention officer, fireman, firefighter, judge, or law
621	621	7 enforcement officer, and either:
622	622	8 (A) the victim was acting in the course of duty; or
623	623	9 (B) the murder was motivated by an act the victim performed
624	624	10 while acting in the course of duty.
625	625	11 (7) The defendant has been convicted of another murder.
626	626	12 (8) The defendant has committed another murder, at any time,
627	627	13 regardless of whether the defendant has been convicted of that
628	628	14 other murder.
629	629	15 (9) The defendant was:
630	630	16 (A) under the custody of the department of correction;
631	631	17 (B) under the custody of a county sheriff;
632	632	18 (C) on probation after receiving a sentence for the commission
633	633	19 of a felony; or
634	634	20 (D) on parole;
635	635	21 at the time the murder was committed.
636	636	22 (10) The defendant dismembered the victim.
637	637	23 (11) The defendant:
638	638	24 (A) burned, mutilated, or tortured the victim; or
639	639	25 (B) decapitated or attempted to decapitate the victim;
640	640	26 while the victim was alive.
641	641	27 (12) The victim of the murder was less than twelve (12) years of
642	642	28 age.
643	643	29 (13) The victim was a victim of any of the following offenses for
644	644	30 which the defendant was convicted:
645	645	31 (A) A battery offense included in IC 35-42-2 committed before
646	646	32 July 1, 2014, as a Class D felony or as a Class C felony, or a
647	647	33 battery offense included in IC 35-42-2 committed after June
648	648	34 30, 2014, as a Level 6 felony, a Level 5 felony, a Level 4
649	649	35 felony, or a Level 3 felony.
650	650	36 (B) Kidnapping (IC 35-42-3-2).
651	651	37 (C) Criminal confinement (IC 35-42-3-3).
652	652	38 (D) A sex crime under IC 35-42-4.
653	653	39 (14) The victim of the murder was listed by the state or known by
654	654	40 the defendant to be a witness against the defendant and the
655	655	41 defendant committed the murder with the intent to prevent the
656	656	42 person from testifying.
657	657	2025 IN 1030—LS 6470/DI 92 16
658	658	1 (15) The defendant committed the murder by intentionally
659	659	2 discharging a firearm (as defined in IC 35-47-1-5):
660	660	3 (A) into an inhabited dwelling; or
661	661	4 (B) from a vehicle.
662	662	5 (16) The victim of the murder was pregnant and the murder
663	663	6 resulted in the intentional killing of a fetus that has attained
664	664	7 viability (as defined in IC 16-18-2-365).
665	665	8 (17) The defendant knowingly or intentionally:
666	666	9 (A) committed the murder:
667	667	10 (i) in a building primarily used for an educational purpose;
668	668	11 (ii) on school property; and
669	669	12 (iii) when students are present; or
670	670	13 (B) committed the murder:
671	671	14 (i) in a building or other structure owned or rented by a state
672	672	15 educational institution or any other public or private
673	673	16 postsecondary educational institution and primarily used for
674	674	17 an educational purpose; and
675	675	18 (ii) at a time when classes are in session.
676	676	19 (18) The murder is committed:
677	677	20 (A) in a building that is primarily used for religious worship;
678	678	21 and
679	679	22 (B) at a time when persons are present for religious worship or
680	680	23 education.
681	681	24 (c) The mitigating circumstances that may be considered under this
682	682	25 section are as follows:
683	683	26 (1) The defendant has no significant history of prior criminal
684	684	27 conduct.
685	685	28 (2) The defendant was under the influence of extreme mental or
686	686	29 emotional disturbance when the murder was committed.
687	687	30 (3) The victim was a participant in or consented to the defendant's
688	688	31 conduct.
689	689	32 (4) The defendant was an accomplice in a murder committed by
690	690	33 another person, and the defendant's participation was relatively
691	691	34 minor.
692	692	35 (5) The defendant acted under the substantial domination of
693	693	36 another person.
694	694	37 (6) The defendant's capacity to appreciate the criminality of the
695	695	38 defendant's conduct or to conform that conduct to the
696	696	39 requirements of law was substantially impaired as a result of
697	697	40 mental disease or defect or of intoxication.
698	698	41 (7) The defendant was less than eighteen (18) years of age at the
699	699	42 time the murder was committed.
700	700	2025 IN 1030—LS 6470/DI 92 17
701	701	1 (8) Any other circumstances appropriate for consideration.
702	702	2 (d) If the defendant was convicted of murder in a jury trial, the jury
703	703	3 shall reconvene for the sentencing hearing. If the trial was to the court,
704	704	4 or the judgment was entered on a guilty plea, the court alone shall
705	705	5 conduct the sentencing hearing. The jury or the court may consider all
706	706	6 the evidence introduced at the trial stage of the proceedings, together
707	707	7 with new evidence presented at the sentencing hearing. The court shall
708	708	8 instruct the jury concerning the statutory penalties for murder and any
709	709	9 other offenses for which the defendant was convicted, the potential for
710	710	10 consecutive or concurrent sentencing, and the availability of
711	711	11 educational credit, good time credit, and clemency. The court shall
712	712	12 instruct the jury that, in order for the jury to recommend to the court
713	713	13 that the death penalty or life imprisonment without parole should be
714	714	14 imposed, the jury must find at least one (1) aggravating circumstance
715	715	15 beyond a reasonable doubt as described in subsection (l) (h) and shall
716	716	16 provide a special verdict form for each aggravating circumstance
717	717	17 alleged. The defendant may present any additional evidence relevant
718	718	18 to:
719	719	19 (1) the aggravating circumstances alleged; or
720	720	20 (2) any of the mitigating circumstances listed in subsection (c).
721	721	21 (e) For a defendant sentenced after June 30, 2002, except as
722	722	22 provided by IC 35-36-9, if the hearing is by jury, the jury shall
723	723	23 recommend to the court whether the death penalty or life imprisonment
724	724	24 without parole or neither, should be imposed. The jury may recommend
725	725	25 (1) the death penalty; or
726	726	26 (2) life imprisonment without parole
727	727	27 only if it makes the findings described in subsection (l). (h). If the jury
728	728	28 reaches a sentencing recommendation, the court shall sentence the
729	729	29 defendant accordingly. After a court pronounces sentence, a
730	730	30 representative of the victim's family and friends may present a
731	731	31 statement regarding the impact of the crime on family and friends. The
732	732	32 impact statement may be submitted in writing or given orally by the
733	733	33 representative. The statement shall be given in the presence of the
734	734	34 defendant.
735	735	35 (f) If a jury is unable to agree on a sentence recommendation after
736	736	36 reasonable deliberations, the court shall discharge the jury and proceed
737	737	37 as if the hearing had been to the court alone.
738	738	38 (g) If the hearing is to the court alone, except as provided by
739	739	39 IC 35-36-9, the court shall
740	740	40 (1) sentence the defendant to death; or
741	741	41 (2) impose a term of life imprisonment without parole
742	742	42 only if it makes the findings described in subsection (l). (h).
743	743	2025 IN 1030—LS 6470/DI 92 18
744	744	1 (h) If a court sentences a defendant to death, the court shall order
745	745	2 the defendant's execution to be carried out not later than one (1) year
746	746	3 and one (1) day after the date the defendant was convicted. The
747	747	4 supreme court has exclusive jurisdiction to stay the execution of a
748	748	5 death sentence. If the supreme court stays the execution of a death
749	749	6 sentence, the supreme court shall order a new date for the defendant's
750	750	7 execution.
751	751	8 (i) If a person sentenced to death by a court files a petition for
752	752	9 post-conviction relief, the court, not later than ninety (90) days after the
753	753	10 date the petition is filed, shall set a date to hold a hearing to consider
754	754	11 the petition. If a court does not, within the ninety (90) day period, set
755	755	12 the date to hold the hearing to consider the petition, the court's failure
756	756	13 to set the hearing date is not a basis for additional post-conviction
757	757	14 relief. The attorney general shall answer the petition for post-conviction
758	758	15 relief on behalf of the state. At the request of the attorney general, a
759	759	16 prosecuting attorney shall assist the attorney general. The court shall
760	760	17 enter written findings of fact and conclusions of law concerning the
761	761	18 petition not later than ninety (90) days after the date the hearing
762	762	19 concludes. However, if the court determines that the petition is without
763	763	20 merit, the court may dismiss the petition within ninety (90) days
764	764	21 without conducting a hearing under this subsection.
765	765	22 (j) A death sentence is subject to automatic review by the supreme
766	766	23 court. The review, which shall be heard under rules adopted by the
767	767	24 supreme court, shall be given priority over all other cases. The supreme
768	768	25 court's review must take into consideration all claims that the:
769	769	26 (1) conviction or sentence was in violation of the:
770	770	27 (A) Constitution of the State of Indiana; or
771	771	28 (B) Constitution of the United States;
772	772	29 (2) sentencing court was without jurisdiction to impose a
773	773	30 sentence; and
774	774	31 (3) sentence:
775	775	32 (A) exceeds the maximum sentence authorized by law; or
776	776	33 (B) is otherwise erroneous.
777	777	34 If the supreme court cannot complete its review by the date set by the
778	778	35 sentencing court for the defendant's execution under subsection (h), the
779	779	36 supreme court shall stay the execution of the death sentence and set a
780	780	37 new date to carry out the defendant's execution.
781	781	38 (k) A person who has been sentenced to death and who has
782	782	39 completed state post-conviction review proceedings may file a written
783	783	40 petition with the supreme court seeking to present new evidence
784	784	41 challenging the person's guilt or the appropriateness of the death
785	785	42 sentence if the person serves notice on the attorney general. The
786	786	2025 IN 1030—LS 6470/DI 92 19
787	787	1 supreme court shall determine, with or without a hearing, whether the
788	788	2 person has presented previously undiscovered evidence that
789	789	3 undermines confidence in the conviction or the death sentence. If
790	790	4 necessary, the supreme court may remand the case to the trial court for
791	791	5 an evidentiary hearing to consider the new evidence and its effect on
792	792	6 the person's conviction and death sentence. The supreme court may not
793	793	7 make a determination in the person's favor nor make a decision to
794	794	8 remand the case to the trial court for an evidentiary hearing without
795	795	9 first providing the attorney general with an opportunity to be heard on
796	796	10 the matter.
797	797	11 (l) (h) Before a sentence may be imposed under this section, the
798	798	12 jury, in a proceeding under subsection (e), or the court, in a proceeding
799	799	13 under subsection (g), must find that:
800	800	14 (1) the state has proved beyond a reasonable doubt that at least
801	801	15 one (1) of the aggravating circumstances listed in subsection (b)
802	802	16 exists; and
803	803	17 (2) any mitigating circumstances that exist are outweighed by the
804	804	18 aggravating circumstance or circumstances.
805	805	2025 IN 1030—LS 6470/DI 92