1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1304 |
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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 31-30-4-5; IC 35-42-5-1. |
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7 | 7 | | Synopsis: Robbery. Provides that knowingly or intentionally taking a |
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8 | 8 | | motor vehicle from another person is robbery, a Level 4 felony. |
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9 | 9 | | Provides enhancements. Makes a confirming change. |
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10 | 10 | | Effective: July 1, 2025. |
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11 | 11 | | Andrade, Judy, Slager, Bartels |
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12 | 12 | | January 13, 2025, read first time and referred to Committee on Courts and Criminal Code. |
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13 | 13 | | 2025 IN 1304—LS 7239/DI 151 Introduced |
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14 | 14 | | First Regular Session of the 124th General Assembly (2025) |
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15 | 15 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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16 | 16 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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17 | 17 | | additions will appear in this style type, and deletions will appear in this style type. |
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18 | 18 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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19 | 19 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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20 | 20 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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21 | 21 | | a new provision to the Indiana Code or the Indiana Constitution. |
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22 | 22 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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23 | 23 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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24 | 24 | | HOUSE BILL No. 1304 |
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25 | 25 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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26 | 26 | | criminal law and procedure. |
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27 | 27 | | Be it enacted by the General Assembly of the State of Indiana: |
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28 | 28 | | 1 SECTION 1. IC 31-30-4-5, AS AMENDED BY P.L.168-2014, |
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29 | 29 | | 2 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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30 | 30 | | 3 JULY 1, 2025]: Sec. 5. (a) At the request of a sentencing court, the |
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31 | 31 | | 4 department of correction shall provide a progress report to the |
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32 | 32 | | 5 sentencing court concerning an offender sentenced and placed in a |
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33 | 33 | | 6 juvenile facility under section 2(b) of this chapter. When the offender |
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34 | 34 | | 7 becomes eighteen (18) years of age: |
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35 | 35 | | 8 (1) the department shall notify the sentencing court; and |
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36 | 36 | | 9 (2) the sentencing court shall hold a review hearing concerning |
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37 | 37 | | 10 the offender before the offender becomes nineteen (19) years of |
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38 | 38 | | 11 age. |
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39 | 39 | | 12 (b) Except as provided in subsection (c), after a hearing conducted |
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40 | 40 | | 13 under subsection (a), the sentencing court may: |
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41 | 41 | | 14 (1) continue the offender's placement in a juvenile facility until |
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42 | 42 | | 15 the objectives of the sentence imposed on the offender have been |
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43 | 43 | | 16 met, if the sentencing court finds that the objectives of the |
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44 | 44 | | 17 sentence imposed on the offender have not been met; |
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45 | 45 | | 2025 IN 1304—LS 7239/DI 151 2 |
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46 | 46 | | 1 (2) discharge the offender if the sentencing court finds that the |
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47 | 47 | | 2 objectives of the sentence imposed on the offender have been |
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48 | 48 | | 3 met; |
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49 | 49 | | 4 (3) order execution of all or part of the offender's suspended |
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50 | 50 | | 5 criminal sentence in an adult facility of the department of |
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51 | 51 | | 6 correction; or |
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52 | 52 | | 7 (4) place the offender: |
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53 | 53 | | 8 (A) in home detention under IC 35-38-2.5; |
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54 | 54 | | 9 (B) in a community corrections program under IC 35-38-2.6; |
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55 | 55 | | 10 (C) on probation under IC 35-50-7; or |
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56 | 56 | | 11 (D) in any other appropriate alternative sentencing program. |
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57 | 57 | | 12 (c) This subsection applies to an offender over whom a juvenile |
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58 | 58 | | 13 court lacks jurisdiction under IC 31-30-1-4 who is convicted of one (1) |
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59 | 59 | | 14 or more of the following offenses: |
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60 | 60 | | 15 (1) Murder (IC 35-42-1-1). |
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61 | 61 | | 16 (2) Attempted murder (IC 35-41-5-1). |
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62 | 62 | | 17 (3) Kidnapping (IC 35-42-3-2). |
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63 | 63 | | 18 (4) Rape as a Class A felony (for a crime committed before July |
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64 | 64 | | 19 1, 2014) or a Level 1 felony (for a crime committed after June 30, |
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65 | 65 | | 20 2014) (IC 35-42-4-1(b)). |
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66 | 66 | | 21 (5) Criminal deviate conduct as a Class A felony (IC |
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67 | 67 | | 22 35-42-4-2(b)) (before its repeal). |
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68 | 68 | | 23 (6) Robbery as a Class A felony (for a crime committed before |
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69 | 69 | | 24 July 1, 2014) or a Level 2 or Level 3 felony (for a crime |
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70 | 70 | | 25 committed after June 30, 2014) (IC 35-42-5-1), if: |
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71 | 71 | | 26 (A) the offense was committed while armed with a deadly |
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72 | 72 | | 27 weapon; and |
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73 | 73 | | 28 (B) the offense resulted in bodily injury to any person other |
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74 | 74 | | 29 than a defendant. |
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75 | 75 | | 30 The court may not modify the original sentence of an offender to whom |
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76 | 76 | | 31 this subsection applies if the prosecuting attorney objects in writing to |
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77 | 77 | | 32 the modification. The prosecuting attorney shall set forth in writing the |
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78 | 78 | | 33 prosecuting attorney's reasons for objecting to the sentence |
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79 | 79 | | 34 modification. |
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80 | 80 | | 35 SECTION 2. IC 35-42-5-1, AS AMENDED BY P.L.202-2017, |
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81 | 81 | | 36 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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82 | 82 | | 37 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), a |
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83 | 83 | | 38 person who knowingly or intentionally takes property from another |
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84 | 84 | | 39 person or from the presence of another person: |
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85 | 85 | | 40 (1) by using or threatening the use of force on any person; or |
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86 | 86 | | 41 (2) by putting any person in fear; |
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87 | 87 | | 42 commits robbery, a Level 5 felony. However, the offense is a Level 3 |
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88 | 88 | | 2025 IN 1304—LS 7239/DI 151 3 |
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89 | 89 | | 1 felony if it is committed while armed with a deadly weapon or results |
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90 | 90 | | 2 in bodily injury to any person other than a defendant, and a Level 2 |
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91 | 91 | | 3 felony if it results in serious bodily injury to any person other than a |
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92 | 92 | | 4 defendant. |
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93 | 93 | | 5 (b) A person who knowingly or intentionally takes a controlled |
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94 | 94 | | 6 substance from a pharmacist acting in an official capacity or from a |
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95 | 95 | | 7 pharmacy by: |
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96 | 96 | | 8 (1) using or threatening the use of force on any person; or |
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97 | 97 | | 9 (2) putting any person in fear; |
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98 | 98 | | 10 commits robbery, a Level 4 felony. However, the offense is a Level 2 |
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99 | 99 | | 11 felony if it is committed while armed with a deadly weapon or results |
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100 | 100 | | 12 in bodily injury to any person other than the defendant, and the offense |
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101 | 101 | | 13 is a Level 1 felony if it results in serious bodily injury to any person |
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102 | 102 | | 14 other than the defendant. |
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103 | 103 | | 15 (c) A person who knowingly or intentionally takes a motor |
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104 | 104 | | 16 vehicle from another person or from the presence of another |
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105 | 105 | | 17 person by: |
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106 | 106 | | 18 (1) using or threatening the use of force on any person; or |
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107 | 107 | | 19 (2) putting any person in fear; |
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108 | 108 | | 20 commits robbery, a Level 4 felony. However, the offense is a Level |
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109 | 109 | | 21 3 felony if it is committed while armed with a deadly weapon or |
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110 | 110 | | 22 results in bodily injury to any person other than the defendant, and |
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111 | 111 | | 23 the offense is a Level 2 felony if it results in serious bodily injury to |
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112 | 112 | | 24 any person other than the defendant. |
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113 | 113 | | 2025 IN 1304—LS 7239/DI 151 |
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