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Indiana House Bill HB1117

Indiana 2025 Regular Session

Indiana House Bill HB1117 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1117
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 33-24-6-3; IC 35-38-1-7.6; IC 35-50-5-5.
77 Synopsis: State property offenses. Provides that a person convicted of:
88 (1) rioting; (2) criminal mischief; (3) burglary; (4) residential entry; or
99 (5) criminal trespass; committed on state property is ineligible to
1010 receive or continue receiving state public assistance, including tuition
1111 assistance, for a period of three years. Requires the office of judicial
1212 administration to establish a procedure to notify the secretary of family
1313 and social services and the board of trustees of a state educational
1414 institution of the conviction.
1515 Effective: July 1, 2025.
1616 McNamara
1717 January 8, 2025, read first time and referred to Committee on Courts and Criminal Code.
1818 2025 IN 1117—LS 6736/DI 106 Introduced
1919 First Regular Session of the 124th General Assembly (2025)
2020 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2121 Constitution) is being amended, the text of the existing provision will appear in this style type,
2222 additions will appear in this style type, and deletions will appear in this style type.
2323 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2424 provision adopted), the text of the new provision will appear in this style type. Also, the
2525 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2626 a new provision to the Indiana Code or the Indiana Constitution.
2727 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2828 between statutes enacted by the 2024 Regular Session of the General Assembly.
2929 HOUSE BILL No. 1117
3030 A BILL FOR AN ACT to amend the Indiana Code concerning
3131 criminal law and procedure.
3232 Be it enacted by the General Assembly of the State of Indiana:
3333 1 SECTION 1. IC 33-24-6-3, AS AMENDED BY P.L.104-2024,
3434 2 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3535 3 JULY 1, 2025]: Sec. 3. (a) The office of judicial administration shall
3636 4 do the following:
3737 5 (1) Examine the administrative and business methods and systems
3838 6 employed in the offices of the clerks of court and other offices
3939 7 related to and serving the courts and make recommendations for
4040 8 necessary improvement.
4141 9 (2) Collect and compile statistical data and other information on
4242 10 the judicial work of the courts in Indiana. All justices of the
4343 11 supreme court, judges of the court of appeals, judges of all trial
4444 12 courts, and any city or town courts, whether having general or
4545 13 special jurisdiction, court clerks, court reporters, and other
4646 14 officers and employees of the courts shall, upon notice by the
4747 15 chief administrative officer and in compliance with procedures
4848 16 prescribed by the chief administrative officer, furnish the chief
4949 17 administrative officer the information as is requested concerning
5050 2025 IN 1117—LS 6736/DI 106 2
5151 1 the nature and volume of judicial business. The information must
5252 2 include the following:
5353 3 (A) The volume, condition, and type of business conducted by
5454 4 the courts.
5555 5 (B) The methods of procedure in the courts.
5656 6 (C) The work accomplished by the courts.
5757 7 (D) The receipt and expenditure of public money by and for
5858 8 the operation of the courts.
5959 9 (E) The methods of disposition or termination of cases.
6060 10 (3) Prepare and publish reports, not less than one (1) or more than
6161 11 two (2) times per year, on the nature and volume of judicial work
6262 12 performed by the courts as determined by the information
6363 13 required in subdivision (2).
6464 14 (4) Serve the judicial nominating commission and the judicial
6565 15 qualifications commission in the performance by the commissions
6666 16 of their statutory and constitutional functions.
6767 17 (5) Administer the civil legal aid fund as required by IC 33-24-12.
6868 18 (6) Administer the court technology fund established by section
6969 19 12 of this chapter.
7070 20 (7) By December 31, 2013, develop and implement a standard
7171 21 protocol for sending and receiving court data:
7272 22 (A) between the protective order registry, established by
7373 23 IC 5-2-9-5.5, and county court case management systems;
7474 24 (B) at the option of the prosecuting attorney, for:
7575 25 (i) a prosecuting attorney's case management system;
7676 26 (ii) a county court case management system; and
7777 27 (iii) a county court case management system developed and
7878 28 operated by the office of judicial administration;
7979 29 to interface with the electronic traffic tickets, as defined by
8080 30 IC 9-30-3-2.5; and
8181 31 (C) between county court case management systems and the
8282 32 case management system developed and operated by the office
8383 33 of judicial administration.
8484 34 The standard protocol developed and implemented under this
8585 35 subdivision shall permit private sector vendors, including vendors
8686 36 providing service to a local system and vendors accessing the
8787 37 system for information, to send and receive court information on
8888 38 an equitable basis and at an equitable cost, and for a case
8989 39 management system developed and operated by the office of
9090 40 judicial administration, must include a searchable field for the
9191 41 name and bail agent license number, if applicable, of the bail
9292 42 agent or a person authorized by the surety that pays bail for an
9393 2025 IN 1117—LS 6736/DI 106 3
9494 1 individual as described in IC 35-33-8-3.2.
9595 2 (8) Establish and administer an electronic system for receiving
9696 3 information that relates to certain individuals who may be
9797 4 prohibited from possessing a firearm for the purpose of:
9898 5 (A) transmitting this information to the Federal Bureau of
9999 6 Investigation for inclusion in the NICS; and
100100 7 (B) beginning July 1, 2021, compiling and publishing certain
101101 8 statistics related to the confiscation and retention of firearms
102102 9 as described under section 14 of this chapter.
103103 10 (9) Establish and administer an electronic system for receiving
104104 11 drug related felony conviction information from courts. The office
105105 12 of judicial administration shall notify NPLEx of each drug related
106106 13 felony entered after June 30, 2012, and do the following:
107107 14 (A) Provide NPLEx with the following information:
108108 15 (i) The convicted individual's full name.
109109 16 (ii) The convicted individual's date of birth.
110110 17 (iii) The convicted individual's driver's license number, state
111111 18 personal identification number, or other unique number, if
112112 19 available.
113113 20 (iv) The date the individual was convicted of the felony.
114114 21 Upon receipt of the information from the office of judicial
115115 22 administration, a stop sale alert must be generated through
116116 23 NPLEx for each individual reported under this clause.
117117 24 (B) Notify NPLEx if the felony of an individual reported under
118118 25 clause (A) has been:
119119 26 (i) set aside;
120120 27 (ii) reversed;
121121 28 (iii) expunged; or
122122 29 (iv) vacated.
123123 30 Upon receipt of information under this clause, NPLEx shall
124124 31 remove the stop sale alert issued under clause (A) for the
125125 32 individual.
126126 33 (10) After July 1, 2018, establish and administer an electronic
127127 34 system for receiving from courts felony or misdemeanor
128128 35 conviction information for each felony or misdemeanor described
129129 36 in IC 20-28-5-8(c). The office of judicial administration shall
130130 37 notify the department of education at least one (1) time each week
131131 38 of each felony or misdemeanor described in IC 20-28-5-8(c)
132132 39 entered after July 1, 2018, and do the following:
133133 40 (A) Provide the department of education with the following
134134 41 information:
135135 42 (i) The convicted individual's full name.
136136 2025 IN 1117—LS 6736/DI 106 4
137137 1 (ii) The convicted individual's date of birth.
138138 2 (iii) The convicted individual's driver's license number, state
139139 3 personal identification number, or other unique number, if
140140 4 available.
141141 5 (iv) The date the individual was convicted of the felony or
142142 6 misdemeanor.
143143 7 (B) Notify the department of education if the felony or
144144 8 misdemeanor of an individual reported under clause (A) has
145145 9 been:
146146 10 (i) set aside;
147147 11 (ii) reversed; or
148148 12 (iii) vacated.
149149 13 (11) Perform legal and administrative duties for the justices as
150150 14 determined by the justices.
151151 15 (12) Provide staff support for the judicial conference of Indiana
152152 16 established in IC 33-38-9.
153153 17 (13) Work with the United States Department of Veterans Affairs
154154 18 to identify and address the needs of veterans in the court system.
155155 19 (14) If necessary for purposes of IC 35-47-16-1, issue a retired
156156 20 judicial officer an identification card identifying the retired
157157 21 judicial officer as a retired judicial officer.
158158 22 (15) Establish and administer the statewide juvenile justice data
159159 23 aggregation plan established under section 12.5 of this chapter.
160160 24 (16) Create and make available an application for detention to be
161161 25 used in proceedings under IC 12-26-5 (mental health detention,
162162 26 commitment, and treatment).
163163 27 (17) Create and make available a uniform form to assist a court in
164164 28 making an indigency determination under IC 35-33-7-6.5.
165165 29 (18) Establish and administer an electronic system for
166166 30 receiving from courts conviction information concerning a
167167 31 state property offense (as defined in IC 35-50-5-5). The office
168168 32 of judicial administration shall notify the office of the
169169 33 secretary of family and social services and the board of
170170 34 trustees (as defined in IC 21-7-13-9) of each state educational
171171 35 institution at least one (1) time each week of each state
172172 36 property offense, and do the following:
173173 37 (A) Provide the office of the secretary of family and social
174174 38 services and the board of trustees with the following
175175 39 information:
176176 40 (i) The convicted individual's full name.
177177 41 (ii) The convicted individual's date of birth.
178178 42 (iii) The convicted individual's driver's license number,
179179 2025 IN 1117—LS 6736/DI 106 5
180180 1 state personal identification number, or other unique
181181 2 number, if available.
182182 3 (iv) The date the individual was convicted of the state
183183 4 property offense.
184184 5 (B) Notify the office of the secretary of family and social
185185 6 services and the board of trustees that an individual
186186 7 convicted of a state property offense is not eligible to
187187 8 receive state assistance (as defined in IC 35-50-5-5).
188188 9 (C) Notify the office of the secretary of family and social
189189 10 services and the board of trustees if the conviction of an
190190 11 individual for a state property offense reported under
191191 12 clause (A) has been:
192192 13 (i) set aside;
193193 14 (ii) reversed; or
194194 15 (iii) vacated.
195195 16 (b) All forms to be used in gathering data must be approved by the
196196 17 supreme court and shall be distributed to all judges and clerks before
197197 18 the start of each period for which reports are required.
198198 19 (c) The office of judicial administration may adopt rules to
199199 20 implement this section.
200200 21 SECTION 2. IC 35-38-1-7.6 IS ADDED TO THE INDIANA CODE
201201 22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
202202 23 1, 2025]: Sec. 7.6. (a) At the time of sentencing, a court shall
203203 24 determine whether an individual has committed a state property
204204 25 offense (as defined in IC 35-50-5-5).
205205 26 (b) A determination under subsection (a) must be based upon:
206206 27 (1) evidence introduced at trial; or
207207 28 (2) a factual basis provided as part of a guilty plea.
208208 29 (c) Upon determining that an individual has committed a state
209209 30 property offense (as defined in IC 35-50-5-5), a court shall advise
210210 31 the individual of the consequences of this determination.
211211 32 (d) A judge shall report its determination that an individual has
212212 33 committed a state property offense (as defined in IC 35-50-5-5)
213213 34 using the electronic reporting system established by the office of
214214 35 judicial administration under IC 33-24-6-3(a)(18).
215215 36 SECTION 3. IC 35-50-5-5 IS ADDED TO THE INDIANA CODE
216216 37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
217217 38 1, 2025]: Sec. 5. (a) The following definitions apply throughout this
218218 39 section:
219219 40 (1) "State assistance" means:
220220 41 (A) a public assistance program funded in whole or in part
221221 42 by appropriations made by the general assembly; and
222222 2025 IN 1117—LS 6736/DI 106 6
223223 1 (B) state tuition assistance.
224224 2 (2) "State property" means:
225225 3 (A) real property, if:
226226 4 (i) title to the real property is held by or on behalf of the
227227 5 state; or
228228 6 (ii) the real property is possessed by or on behalf of the
229229 7 state; or
230230 8 (B) a state educational institution (as defined in
231231 9 IC 21-7-13-32).
232232 10 (3) "State property offense" means one (1) or more of the
233233 11 following offenses:
234234 12 (A) Rioting (IC 35-45-1-2), if committed on state property.
235235 13 (B) Criminal mischief (IC 35-43-1-2), if committed on state
236236 14 property.
237237 15 (C) Burglary (IC 35-43-2-1), if committed on state
238238 16 property.
239239 17 (D) Residential entry (IC 35-43-2-1.5), if committed on
240240 18 state property.
241241 19 (E) Criminal trespass (IC 35-43-2-2), if:
242242 20 (i) committed on state property;
243243 21 (ii) committed under IC 35-43-2-2(b)(1); and
244244 22 (iii) the defendant committed the offense after having
245245 23 been orally advised to leave the state property.
246246 24 (4) "State tuition assistance" means a scholarship, grant,
247247 25 fellowship, or other form of aid, including a work study
248248 26 program, that is:
249249 27 (A) funded in whole or in part by a state educational
250250 28 institution or by appropriations made by the general
251251 29 assembly; and
252252 30 (B) provided to a student attending a state educational
253253 31 institution for the purpose of reducing, directly or
254254 32 indirectly, the cost to the student of attending the state
255255 33 educational institution.
256256 34 (b) A person convicted of a state property offense is not eligible
257257 35 to receive or to continue receiving state assistance for a period of
258258 36 three (3) years from the date of conviction, unless the conviction
259259 37 has been set aside, reversed, or vacated.
260260 38 (c) The court shall make and report a determination that a
261261 39 person has committed a state property offense in accordance with
262262 40 IC 35-38-1-7.6.
263263 2025 IN 1117—LS 6736/DI 106