Indiana 2025 Regular Session

Indiana House Bill HB1117 Latest Draft

Bill / Introduced Version Filed 01/07/2025

                             
Introduced Version
HOUSE BILL No. 1117
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 33-24-6-3; IC 35-38-1-7.6; IC 35-50-5-5.
Synopsis:  State property offenses. Provides that a person convicted of:
(1) rioting; (2) criminal mischief; (3) burglary; (4) residential entry; or
(5) criminal trespass; committed on state property is ineligible to
receive or continue receiving state public assistance, including tuition
assistance, for a period of three years. Requires the office of judicial
administration to establish a procedure to notify the secretary of family
and social services and the board of trustees of a state educational
institution of the conviction.
Effective:  July 1, 2025.
McNamara
January 8, 2025, read first time and referred to Committee on Courts and Criminal Code.
2025	IN 1117—LS 6736/DI 106 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
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  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1117
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 33-24-6-3, AS AMENDED BY P.L.104-2024,
2 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 3. (a) The office of judicial administration shall
4 do the following:
5 (1) Examine the administrative and business methods and systems
6 employed in the offices of the clerks of court and other offices
7 related to and serving the courts and make recommendations for
8 necessary improvement.
9 (2) Collect and compile statistical data and other information on
10 the judicial work of the courts in Indiana. All justices of the
11 supreme court, judges of the court of appeals, judges of all trial
12 courts, and any city or town courts, whether having general or
13 special jurisdiction, court clerks, court reporters, and other
14 officers and employees of the courts shall, upon notice by the
15 chief administrative officer and in compliance with procedures
16 prescribed by the chief administrative officer, furnish the chief
17 administrative officer the information as is requested concerning
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1 the nature and volume of judicial business. The information must
2 include the following:
3 (A) The volume, condition, and type of business conducted by
4 the courts.
5 (B) The methods of procedure in the courts.
6 (C) The work accomplished by the courts.
7 (D) The receipt and expenditure of public money by and for
8 the operation of the courts.
9 (E) The methods of disposition or termination of cases.
10 (3) Prepare and publish reports, not less than one (1) or more than
11 two (2) times per year, on the nature and volume of judicial work
12 performed by the courts as determined by the information
13 required in subdivision (2).
14 (4) Serve the judicial nominating commission and the judicial
15 qualifications commission in the performance by the commissions
16 of their statutory and constitutional functions.
17 (5) Administer the civil legal aid fund as required by IC 33-24-12.
18 (6) Administer the court technology fund established by section
19 12 of this chapter.
20 (7) By December 31, 2013, develop and implement a standard
21 protocol for sending and receiving court data:
22 (A) between the protective order registry, established by
23 IC 5-2-9-5.5, and county court case management systems;
24 (B) at the option of the prosecuting attorney, for:
25 (i) a prosecuting attorney's case management system;
26 (ii) a county court case management system; and
27 (iii) a county court case management system developed and
28 operated by the office of judicial administration;
29 to interface with the electronic traffic tickets, as defined by
30 IC 9-30-3-2.5; and
31 (C) between county court case management systems and the
32 case management system developed and operated by the office
33 of judicial administration.
34 The standard protocol developed and implemented under this
35 subdivision shall permit private sector vendors, including vendors
36 providing service to a local system and vendors accessing the
37 system for information, to send and receive court information on
38 an equitable basis and at an equitable cost, and for a case
39 management system developed and operated by the office of
40 judicial administration, must include a searchable field for the
41 name and bail agent license number, if applicable, of the bail
42 agent or a person authorized by the surety that pays bail for an
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1 individual as described in IC 35-33-8-3.2.
2 (8) Establish and administer an electronic system for receiving
3 information that relates to certain individuals who may be
4 prohibited from possessing a firearm for the purpose of:
5 (A) transmitting this information to the Federal Bureau of
6 Investigation for inclusion in the NICS; and
7 (B) beginning July 1, 2021, compiling and publishing certain
8 statistics related to the confiscation and retention of firearms
9 as described under section 14 of this chapter.
10 (9) Establish and administer an electronic system for receiving
11 drug related felony conviction information from courts. The office
12 of judicial administration shall notify NPLEx of each drug related
13 felony entered after June 30, 2012, and do the following:
14 (A) Provide NPLEx with the following information:
15 (i) The convicted individual's full name.
16 (ii) The convicted individual's date of birth.
17 (iii) The convicted individual's driver's license number, state
18 personal identification number, or other unique number, if
19 available.
20 (iv) The date the individual was convicted of the felony.
21 Upon receipt of the information from the office of judicial
22 administration, a stop sale alert must be generated through
23 NPLEx for each individual reported under this clause.
24 (B) Notify NPLEx if the felony of an individual reported under
25 clause (A) has been:
26 (i) set aside;
27 (ii) reversed;
28 (iii) expunged; or
29 (iv) vacated.
30 Upon receipt of information under this clause, NPLEx shall
31 remove the stop sale alert issued under clause (A) for the
32 individual.
33 (10) After July 1, 2018, establish and administer an electronic
34 system for receiving from courts felony or misdemeanor
35 conviction information for each felony or misdemeanor described
36 in IC 20-28-5-8(c). The office of judicial administration shall
37 notify the department of education at least one (1) time each week
38 of each felony or misdemeanor described in IC 20-28-5-8(c)
39 entered after July 1, 2018, and do the following:
40 (A) Provide the department of education with the following
41 information:
42 (i) The convicted individual's full name.
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1 (ii) The convicted individual's date of birth.
2 (iii) The convicted individual's driver's license number, state
3 personal identification number, or other unique number, if
4 available.
5 (iv) The date the individual was convicted of the felony or
6 misdemeanor.
7 (B) Notify the department of education if the felony or
8 misdemeanor of an individual reported under clause (A) has
9 been:
10 (i) set aside;
11 (ii) reversed; or
12 (iii) vacated.
13 (11) Perform legal and administrative duties for the justices as
14 determined by the justices.
15 (12) Provide staff support for the judicial conference of Indiana
16 established in IC 33-38-9.
17 (13) Work with the United States Department of Veterans Affairs
18 to identify and address the needs of veterans in the court system.
19 (14) If necessary for purposes of IC 35-47-16-1, issue a retired
20 judicial officer an identification card identifying the retired
21 judicial officer as a retired judicial officer.
22 (15) Establish and administer the statewide juvenile justice data
23 aggregation plan established under section 12.5 of this chapter.
24 (16) Create and make available an application for detention to be
25 used in proceedings under IC 12-26-5 (mental health detention,
26 commitment, and treatment).
27 (17) Create and make available a uniform form to assist a court in
28 making an indigency determination under IC 35-33-7-6.5.
29 (18) Establish and administer an electronic system for
30 receiving from courts conviction information concerning a
31 state property offense (as defined in IC 35-50-5-5). The office
32 of judicial administration shall notify the office of the
33 secretary of family and social services and the board of
34 trustees (as defined in IC 21-7-13-9) of each state educational
35 institution at least one (1) time each week of each state
36 property offense, and do the following:
37 (A) Provide the office of the secretary of family and social
38 services and the board of trustees with the following
39 information:
40 (i) The convicted individual's full name.
41 (ii) The convicted individual's date of birth.
42 (iii) The convicted individual's driver's license number,
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1 state personal identification number, or other unique
2 number, if available.
3 (iv) The date the individual was convicted of the state
4 property offense.
5 (B) Notify the office of the secretary of family and social
6 services and the board of trustees that an individual
7 convicted of a state property offense is not eligible to
8 receive state assistance (as defined in IC 35-50-5-5).
9 (C) Notify the office of the secretary of family and social
10 services and the board of trustees if the conviction of an
11 individual for a state property offense reported under
12 clause (A) has been:
13 (i) set aside;
14 (ii) reversed; or
15 (iii) vacated.
16 (b) All forms to be used in gathering data must be approved by the
17 supreme court and shall be distributed to all judges and clerks before
18 the start of each period for which reports are required.
19 (c) The office of judicial administration may adopt rules to
20 implement this section.
21 SECTION 2. IC 35-38-1-7.6 IS ADDED TO THE INDIANA CODE
22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
23 1, 2025]: Sec. 7.6. (a) At the time of sentencing, a court shall
24 determine whether an individual has committed a state property
25 offense (as defined in IC 35-50-5-5).
26 (b) A determination under subsection (a) must be based upon:
27 (1) evidence introduced at trial; or
28 (2) a factual basis provided as part of a guilty plea.
29 (c) Upon determining that an individual has committed a state
30 property offense (as defined in IC 35-50-5-5), a court shall advise
31 the individual of the consequences of this determination.
32 (d) A judge shall report its determination that an individual has
33 committed a state property offense (as defined in IC 35-50-5-5)
34 using the electronic reporting system established by the office of
35 judicial administration under IC 33-24-6-3(a)(18).
36 SECTION 3. IC 35-50-5-5 IS ADDED TO THE INDIANA CODE
37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
38 1, 2025]: Sec. 5. (a) The following definitions apply throughout this
39 section:
40 (1) "State assistance" means:
41 (A) a public assistance program funded in whole or in part
42 by appropriations made by the general assembly; and
2025	IN 1117—LS 6736/DI 106 6
1 (B) state tuition assistance.
2 (2) "State property" means:
3 (A) real property, if:
4 (i) title to the real property is held by or on behalf of the
5 state; or
6 (ii) the real property is possessed by or on behalf of the
7 state; or
8 (B) a state educational institution (as defined in
9 IC 21-7-13-32).
10 (3) "State property offense" means one (1) or more of the
11 following offenses:
12 (A) Rioting (IC 35-45-1-2), if committed on state property.
13 (B) Criminal mischief (IC 35-43-1-2), if committed on state
14 property.
15 (C) Burglary (IC 35-43-2-1), if committed on state
16 property.
17 (D) Residential entry (IC 35-43-2-1.5), if committed on
18 state property.
19 (E) Criminal trespass (IC 35-43-2-2), if:
20 (i) committed on state property;
21 (ii) committed under IC 35-43-2-2(b)(1); and
22 (iii) the defendant committed the offense after having
23 been orally advised to leave the state property.
24 (4) "State tuition assistance" means a scholarship, grant,
25 fellowship, or other form of aid, including a work study
26 program, that is:
27 (A) funded in whole or in part by a state educational
28 institution or by appropriations made by the general
29 assembly; and
30 (B) provided to a student attending a state educational
31 institution for the purpose of reducing, directly or
32 indirectly, the cost to the student of attending the state
33 educational institution.
34 (b) A person convicted of a state property offense is not eligible
35 to receive or to continue receiving state assistance for a period of
36 three (3) years from the date of conviction, unless the conviction
37 has been set aside, reversed, or vacated.
38 (c) The court shall make and report a determination that a
39 person has committed a state property offense in accordance with
40 IC 35-38-1-7.6.
2025	IN 1117—LS 6736/DI 106