Indiana 2025 Regular Session

Indiana House Bill HB1304 Latest Draft

Bill / Introduced Version Filed 01/09/2025

                             
Introduced Version
HOUSE BILL No. 1304
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DIGEST OF INTRODUCED BILL
Citations Affected:  IC 31-30-4-5; IC 35-42-5-1.
Synopsis:  Robbery. Provides that knowingly or intentionally taking a
motor vehicle from another person is robbery, a Level 4 felony.
Provides enhancements. Makes a confirming change.
Effective:  July 1, 2025.
Andrade, Judy, Slager, Bartels
January 13, 2025, read first time and referred to Committee on Courts and Criminal Code.
2025	IN 1304—LS 7239/DI 151 Introduced
First Regular Session of the 124th General Assembly (2025)
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a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 1304
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 31-30-4-5, AS AMENDED BY P.L.168-2014,
2 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 5. (a) At the request of a sentencing court, the
4 department of correction shall provide a progress report to the
5 sentencing court concerning an offender sentenced and placed in a
6 juvenile facility under section 2(b) of this chapter. When the offender
7 becomes eighteen (18) years of age:
8 (1) the department shall notify the sentencing court; and
9 (2) the sentencing court shall hold a review hearing concerning
10 the offender before the offender becomes nineteen (19) years of
11 age.
12 (b) Except as provided in subsection (c), after a hearing conducted
13 under subsection (a), the sentencing court may:
14 (1) continue the offender's placement in a juvenile facility until
15 the objectives of the sentence imposed on the offender have been
16 met, if the sentencing court finds that the objectives of the
17 sentence imposed on the offender have not been met;
2025	IN 1304—LS 7239/DI 151 2
1 (2) discharge the offender if the sentencing court finds that the
2 objectives of the sentence imposed on the offender have been
3 met;
4 (3) order execution of all or part of the offender's suspended
5 criminal sentence in an adult facility of the department of
6 correction; or
7 (4) place the offender:
8 (A) in home detention under IC 35-38-2.5;
9 (B) in a community corrections program under IC 35-38-2.6;
10 (C) on probation under IC 35-50-7; or
11 (D) in any other appropriate alternative sentencing program.
12 (c) This subsection applies to an offender over whom a juvenile
13 court lacks jurisdiction under IC 31-30-1-4 who is convicted of one (1)
14 or more of the following offenses:
15 (1) Murder (IC 35-42-1-1).
16 (2) Attempted murder (IC 35-41-5-1).
17 (3) Kidnapping (IC 35-42-3-2).
18 (4) Rape as a Class A felony (for a crime committed before July
19 1, 2014) or a Level 1 felony (for a crime committed after June 30,
20 2014) (IC 35-42-4-1(b)).
21 (5) Criminal deviate conduct as a Class A felony (IC
22 35-42-4-2(b)) (before its repeal).
23 (6) Robbery as a Class A felony (for a crime committed before
24 July 1, 2014) or a Level 2 or Level 3 felony (for a crime
25 committed after June 30, 2014) (IC 35-42-5-1), if:
26 (A) the offense was committed while armed with a deadly
27 weapon; and
28 (B) the offense resulted in bodily injury to any person other
29 than a defendant.
30 The court may not modify the original sentence of an offender to whom
31 this subsection applies if the prosecuting attorney objects in writing to
32 the modification. The prosecuting attorney shall set forth in writing the
33 prosecuting attorney's reasons for objecting to the sentence
34 modification.
35 SECTION 2. IC 35-42-5-1, AS AMENDED BY P.L.202-2017,
36 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), a
38 person who knowingly or intentionally takes property from another
39 person or from the presence of another person:
40 (1) by using or threatening the use of force on any person; or
41 (2) by putting any person in fear;
42 commits robbery, a Level 5 felony. However, the offense is a Level 3
2025	IN 1304—LS 7239/DI 151 3
1 felony if it is committed while armed with a deadly weapon or results
2 in bodily injury to any person other than a defendant, and a Level 2
3 felony if it results in serious bodily injury to any person other than a
4 defendant.
5 (b) A person who knowingly or intentionally takes a controlled
6 substance from a pharmacist acting in an official capacity or from a
7 pharmacy by:
8 (1) using or threatening the use of force on any person; or
9 (2) putting any person in fear;
10 commits robbery, a Level 4 felony. However, the offense is a Level 2
11 felony if it is committed while armed with a deadly weapon or results
12 in bodily injury to any person other than the defendant, and the offense
13 is a Level 1 felony if it results in serious bodily injury to any person
14 other than the defendant.
15 (c) A person who knowingly or intentionally takes a motor
16 vehicle from another person or from the presence of another
17 person by:
18 (1) using or threatening the use of force on any person; or
19 (2) putting any person in fear;
20 commits robbery, a Level 4 felony. However, the offense is a Level
21 3 felony if it is committed while armed with a deadly weapon or
22 results in bodily injury to any person other than the defendant, and
23 the offense is a Level 2 felony if it results in serious bodily injury to
24 any person other than the defendant.
2025	IN 1304—LS 7239/DI 151