Indiana 2025 Regular Session

Indiana House Bill HB1304 Compare Versions

Only one version of the bill is available at this time.
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22 Introduced Version
33 HOUSE BILL No. 1304
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 31-30-4-5; IC 35-42-5-1.
77 Synopsis: Robbery. Provides that knowingly or intentionally taking a
88 motor vehicle from another person is robbery, a Level 4 felony.
99 Provides enhancements. Makes a confirming change.
1010 Effective: July 1, 2025.
1111 Andrade, Judy, Slager, Bartels
1212 January 13, 2025, read first time and referred to Committee on Courts and Criminal Code.
1313 2025 IN 1304—LS 7239/DI 151 Introduced
1414 First Regular Session of the 124th General Assembly (2025)
1515 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
1616 Constitution) is being amended, the text of the existing provision will appear in this style type,
1717 additions will appear in this style type, and deletions will appear in this style type.
1818 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
1919 provision adopted), the text of the new provision will appear in this style type. Also, the
2020 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2121 a new provision to the Indiana Code or the Indiana Constitution.
2222 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2323 between statutes enacted by the 2024 Regular Session of the General Assembly.
2424 HOUSE BILL No. 1304
2525 A BILL FOR AN ACT to amend the Indiana Code concerning
2626 criminal law and procedure.
2727 Be it enacted by the General Assembly of the State of Indiana:
2828 1 SECTION 1. IC 31-30-4-5, AS AMENDED BY P.L.168-2014,
2929 2 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3030 3 JULY 1, 2025]: Sec. 5. (a) At the request of a sentencing court, the
3131 4 department of correction shall provide a progress report to the
3232 5 sentencing court concerning an offender sentenced and placed in a
3333 6 juvenile facility under section 2(b) of this chapter. When the offender
3434 7 becomes eighteen (18) years of age:
3535 8 (1) the department shall notify the sentencing court; and
3636 9 (2) the sentencing court shall hold a review hearing concerning
3737 10 the offender before the offender becomes nineteen (19) years of
3838 11 age.
3939 12 (b) Except as provided in subsection (c), after a hearing conducted
4040 13 under subsection (a), the sentencing court may:
4141 14 (1) continue the offender's placement in a juvenile facility until
4242 15 the objectives of the sentence imposed on the offender have been
4343 16 met, if the sentencing court finds that the objectives of the
4444 17 sentence imposed on the offender have not been met;
4545 2025 IN 1304—LS 7239/DI 151 2
4646 1 (2) discharge the offender if the sentencing court finds that the
4747 2 objectives of the sentence imposed on the offender have been
4848 3 met;
4949 4 (3) order execution of all or part of the offender's suspended
5050 5 criminal sentence in an adult facility of the department of
5151 6 correction; or
5252 7 (4) place the offender:
5353 8 (A) in home detention under IC 35-38-2.5;
5454 9 (B) in a community corrections program under IC 35-38-2.6;
5555 10 (C) on probation under IC 35-50-7; or
5656 11 (D) in any other appropriate alternative sentencing program.
5757 12 (c) This subsection applies to an offender over whom a juvenile
5858 13 court lacks jurisdiction under IC 31-30-1-4 who is convicted of one (1)
5959 14 or more of the following offenses:
6060 15 (1) Murder (IC 35-42-1-1).
6161 16 (2) Attempted murder (IC 35-41-5-1).
6262 17 (3) Kidnapping (IC 35-42-3-2).
6363 18 (4) Rape as a Class A felony (for a crime committed before July
6464 19 1, 2014) or a Level 1 felony (for a crime committed after June 30,
6565 20 2014) (IC 35-42-4-1(b)).
6666 21 (5) Criminal deviate conduct as a Class A felony (IC
6767 22 35-42-4-2(b)) (before its repeal).
6868 23 (6) Robbery as a Class A felony (for a crime committed before
6969 24 July 1, 2014) or a Level 2 or Level 3 felony (for a crime
7070 25 committed after June 30, 2014) (IC 35-42-5-1), if:
7171 26 (A) the offense was committed while armed with a deadly
7272 27 weapon; and
7373 28 (B) the offense resulted in bodily injury to any person other
7474 29 than a defendant.
7575 30 The court may not modify the original sentence of an offender to whom
7676 31 this subsection applies if the prosecuting attorney objects in writing to
7777 32 the modification. The prosecuting attorney shall set forth in writing the
7878 33 prosecuting attorney's reasons for objecting to the sentence
7979 34 modification.
8080 35 SECTION 2. IC 35-42-5-1, AS AMENDED BY P.L.202-2017,
8181 36 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8282 37 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), a
8383 38 person who knowingly or intentionally takes property from another
8484 39 person or from the presence of another person:
8585 40 (1) by using or threatening the use of force on any person; or
8686 41 (2) by putting any person in fear;
8787 42 commits robbery, a Level 5 felony. However, the offense is a Level 3
8888 2025 IN 1304—LS 7239/DI 151 3
8989 1 felony if it is committed while armed with a deadly weapon or results
9090 2 in bodily injury to any person other than a defendant, and a Level 2
9191 3 felony if it results in serious bodily injury to any person other than a
9292 4 defendant.
9393 5 (b) A person who knowingly or intentionally takes a controlled
9494 6 substance from a pharmacist acting in an official capacity or from a
9595 7 pharmacy by:
9696 8 (1) using or threatening the use of force on any person; or
9797 9 (2) putting any person in fear;
9898 10 commits robbery, a Level 4 felony. However, the offense is a Level 2
9999 11 felony if it is committed while armed with a deadly weapon or results
100100 12 in bodily injury to any person other than the defendant, and the offense
101101 13 is a Level 1 felony if it results in serious bodily injury to any person
102102 14 other than the defendant.
103103 15 (c) A person who knowingly or intentionally takes a motor
104104 16 vehicle from another person or from the presence of another
105105 17 person by:
106106 18 (1) using or threatening the use of force on any person; or
107107 19 (2) putting any person in fear;
108108 20 commits robbery, a Level 4 felony. However, the offense is a Level
109109 21 3 felony if it is committed while armed with a deadly weapon or
110110 22 results in bodily injury to any person other than the defendant, and
111111 23 the offense is a Level 2 felony if it results in serious bodily injury to
112112 24 any person other than the defendant.
113113 2025 IN 1304—LS 7239/DI 151