1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1249 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 36-2-13-5. |
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7 | 7 | | Synopsis: Mugshot requirements. Requires a mugshot to include a |
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8 | 8 | | photograph of the subject's teeth or gums. |
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9 | 9 | | Effective: July 1, 2025. |
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10 | 10 | | Bauer M |
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11 | 11 | | January 9, 2025, read first time and referred to Committee on Courts and Criminal Code. |
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12 | 12 | | 2025 IN 1249—LS 6784/DI 106 Introduced |
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13 | 13 | | First Regular Session of the 124th General Assembly (2025) |
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14 | 14 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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15 | 15 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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16 | 16 | | additions will appear in this style type, and deletions will appear in this style type. |
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17 | 17 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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18 | 18 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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19 | 19 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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20 | 20 | | a new provision to the Indiana Code or the Indiana Constitution. |
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21 | 21 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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22 | 22 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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23 | 23 | | HOUSE BILL No. 1249 |
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24 | 24 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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25 | 25 | | criminal law and procedure. |
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26 | 26 | | Be it enacted by the General Assembly of the State of Indiana: |
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27 | 27 | | 1 SECTION 1. IC 36-2-13-5, AS AMENDED BY P.L.63-2008, |
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28 | 28 | | 2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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29 | 29 | | 3 JULY 1, 2025]: Sec. 5. (a) The sheriff shall: |
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30 | 30 | | 4 (1) arrest without process persons who commit an offense within |
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31 | 31 | | 5 the sheriff's view, take them before a court of the county having |
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32 | 32 | | 6 jurisdiction, and detain them in custody until the cause of the |
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33 | 33 | | 7 arrest has been investigated; |
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34 | 34 | | 8 (2) suppress breaches of the peace, calling the power of the |
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35 | 35 | | 9 county to the sheriff's aid if necessary; |
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36 | 36 | | 10 (3) pursue and jail felons; |
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37 | 37 | | 11 (4) execute all process directed to the sheriff by legal authority; |
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38 | 38 | | 12 (5) serve all process directed to the sheriff from a court or the |
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39 | 39 | | 13 county executive; |
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40 | 40 | | 14 (6) attend and preserve order in all courts of the county; |
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41 | 41 | | 15 (7) take care of the county jail and the prisoners there; |
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42 | 42 | | 16 (8) take photographs, fingerprints, and other identification data as |
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43 | 43 | | 17 the sheriff shall prescribe of persons taken into custody for |
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44 | 44 | | 2025 IN 1249—LS 6784/DI 106 2 |
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45 | 45 | | 1 felonies or misdemeanors; and |
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46 | 46 | | 2 (9) on or before January 31 and June 30 of each year, provide to |
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47 | 47 | | 3 the department of correction the average daily cost of |
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48 | 48 | | 4 incarcerating a prisoner in the county jail as determined under the |
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49 | 49 | | 5 methodology developed by the department of correction under |
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50 | 50 | | 6 IC 11-10-13. |
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51 | 51 | | 7 At least one (1) of the photographs taken under subdivision (8) |
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52 | 52 | | 8 must include a frontal photograph of the person's teeth or gums. |
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53 | 53 | | 9 (b) A person who: |
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54 | 54 | | 10 (1) refuses to be photographed; |
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55 | 55 | | 11 (2) refuses to be fingerprinted; |
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56 | 56 | | 12 (3) withholds information; or |
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57 | 57 | | 13 (4) gives false information; |
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58 | 58 | | 14 as prescribed in subsection (a)(8), commits a Class C misdemeanor. |
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59 | 59 | | 15 (c) The sheriff may supervise and inspect all pawnbrokers, vendors, |
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60 | 60 | | 16 junkshop keepers, cartmen, expressmen, dealers in secondhand |
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61 | 61 | | 17 merchandise, intelligence offices, and auctions. The sheriff may |
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62 | 62 | | 18 authorize any deputy in writing to exercise the same powers. |
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63 | 63 | | 2025 IN 1249—LS 6784/DI 106 |
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