Indiana 2025 Regular Session

Indiana House Bill HB1317 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1317
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-31.5-2; IC 35-47-4.
7	7	Synopsis: Surrender of firearms for domestic violence crimes.
8	8	Provides that a person who: (1) has been convicted of a crime of
9	9	domestic violence; and (2) knowingly or intentionally possesses a
10	10	firearm; commits a Class A misdemeanor. Specifies certain defenses.
11	11	Requires a court to issue an order, upon entry of a judgment of
12	12	conviction for domestic battery or a crime of domestic violence, that:
13	13	(1) prohibits ownership or possession of a firearm; (2) requires the
14	14	defendant to surrender: (A) any firearm owned or possessed by the
15	15	defendant; and (B) any license or permit to carry a handgun (license)
16	16	owned or possessed by the defendant; and (3) requires confiscation,
17	17	within 72 hours, of any firearm or license owned or possessed by the
18	18	defendant. Provides that a domestic batterer who knowingly or
19	19	intentionally fails to surrender a certain firearm or license commits a
20	20	Class A misdemeanor, enhanced to a Level 6 felony in specific
21	21	instances. Provides certain defenses. Specifies how a confiscated
22	22	firearm or license shall be returned or disposed of if a person's right to
23	23	possess a firearm is restored. Defines certain terms. Makes conforming
24	24	amendments.
25	25	Effective: July 1, 2025.
26	26	Smith V
27	27	January 13, 2025, read first time and referred to Committee on Courts and Criminal Code.
28	28	2025 IN 1317—LS 6096/DI 144 Introduced
29	29	First Regular Session of the 124th General Assembly (2025)
30	30	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
31	31	Constitution) is being amended, the text of the existing provision will appear in this style type,
32	32	additions will appear in this style type, and deletions will appear in this style type.
33	33	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
34	34	provision adopted), the text of the new provision will appear in this style type. Also, the
35	35	word NEW will appear in that style type in the introductory clause of each SECTION that adds
36	36	a new provision to the Indiana Code or the Indiana Constitution.
37	37	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
38	38	between statutes enacted by the 2024 Regular Session of the General Assembly.
39	39	HOUSE BILL No. 1317
40	40	A BILL FOR AN ACT to amend the Indiana Code concerning
41	41	criminal law and procedure.
42	42	Be it enacted by the General Assembly of the State of Indiana:
43	43	1 SECTION 1. IC 35-31.5-2-78, AS AMENDED BY P.L.175-2022,
44	44	2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45	45	3 JULY 1, 2025]: Sec. 78. "Crime of domestic violence", for purposes of
46	46	4 IC 5-2-6.1, IC 35-38-9, IC 35-47-2-1.5, and IC 35-47-4-7, IC 35-47-4,
47	47	5 means an offense or the attempt to commit an offense that:
48	48	6 (1) has as an element the:
49	49	7 (A) use of physical force; or
50	50	8 (B) threatened use of a deadly weapon; and
51	51	9 (2) is committed against a family or household member, as
52	52	10 defined in section 128 of this chapter.
53	53	11 SECTION 2. IC 35-31.5-2-103.3 IS ADDED TO THE INDIANA
54	54	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
55	55	13 [EFFECTIVE JULY 1, 2025]: Sec. 103.3. "Domestic batterer", for
56	56	14 purposes of IC 35-47-4-6.3, has the meaning set forth in
57	57	15 IC 35-47-4-6.3(a)(2).
58	58	16 SECTION 3. IC 35-31.5-2-183, AS AMENDED BY P.L.144-2018,
59	59	17 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
60	60	2025 IN 1317—LS 6096/DI 144 2
61	61	1 JULY 1, 2025]: Sec. 183. (a) "Law enforcement agency," for purposes
62	62	2 of receiving information concerning a violation of IC 35-42-3.5-1
63	63	3 through IC 35-42-3.5-1.4 (human trafficking), means:
64	64	4 (1) an agency or department of:
65	65	5 (A) the state; or
66	66	6 (B) a political subdivision of the state;
67	67	7 whose principal function is the apprehension of criminal
68	68	8 offenders; and
69	69	9 (2) the attorney general.
70	70	10 (b) "Law enforcement agency", for purposes of IC 35-47-4 and
71	71	11 IC 35-47-15, has the meaning set forth in IC 35-47-15-2.
72	72	12 SECTION 4. IC 35-31.5-2-187.4 IS ADDED TO THE INDIANA
73	73	13 CODE AS A NEW SECTION TO READ AS FOLLOWS
74	74	14 [EFFECTIVE JULY 1, 2025]: Sec. 187.4. "License", for purposes of
75	75	15 IC 35-47-4-6.3 and IC 35-47-4-6.4, has the meaning set forth in
76	76	16 IC 35-47-4-6.3(a)(3).
77	77	17 SECTION 5. IC 35-31.5-2-275.5 IS ADDED TO THE INDIANA
78	78	18 CODE AS A NEW SECTION TO READ AS FOLLOWS
79	79	19 [EFFECTIVE JULY 1, 2025]: Sec. 275.5. "Residence", for purposes
80	80	20 of IC 35-47-4-6.3, has the meaning set forth in IC 35-47-4-6.3(a)(4).
81	81	21 SECTION 6. IC 35-31.5-2-319.5 IS ADDED TO THE INDIANA
82	82	22 CODE AS A NEW SECTION TO READ AS FOLLOWS
83	83	23 [EFFECTIVE JULY 1, 2025]: Sec. 319.5. "Surrender", for purposes
84	84	24 of IC 35-47-4-6.3 and IC 35-47-4-6.4, has the meaning set forth in
85	85	25 IC 35-47-4-6.3(a)(5).
86	86	26 SECTION 7. IC 35-47-4-6, AS AMENDED BY P.L.118-2007,
87	87	27 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
88	88	28 JULY 1, 2025]: Sec. 6. (a) A person who has been convicted of:
89	89	29 (1) domestic battery under IC 35-42-2-1.3; or
90	90	30 (2) a crime of domestic violence (as defined in
91	91	31 IC 35-31.5-2-78);
92	92	32 and who knowingly or intentionally possesses a firearm commits
93	93	33 unlawful possession of a firearm by a domestic batterer, a Class A
94	94	34 misdemeanor.
95	95	35 (b) It is a defense to a prosecution under this section that:
96	96	36 (1) the person's right to possess a firearm has been restored under
97	97	37 IC 35-47-4-7. section 7 of this chapter; or
98	98	38 (2) the person, at the time of the commission of the offense,
99	99	39 was:
100	100	40 (A) subject to a written court order under section 6.4(a) of
101	101	41 this chapter; and
102	102	42 (B) awaiting the confiscation of the firearm by an
103	103	2025 IN 1317—LS 6096/DI 144 3
104	104	1 appropriate law enforcement agency or law enforcement
105	105	2 officer as described in section 6.4(b) of this chapter.
106	106	3 SECTION 8. IC 35-47-4-6.3 IS ADDED TO THE INDIANA CODE
107	107	4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
108	108	5 1, 2025]: Sec. 6.3. (a) The following definitions apply throughout
109	109	6 this section:
110	110	7 (1) "Crime of domestic violence" has the meaning set forth in
111	111	8 IC 35-31.5-2-78.
112	112	9 (2) "Domestic batterer" means a person:
113	113	10 (A) who has been convicted of domestic battery (IC
114	114	11 35-42-2-1.3) or a crime of domestic violence; and
115	115	12 (B) whose right to possess a firearm has not been restored
116	116	13 under section 7 of this chapter.
117	117	14 (3) "License" means any license or permit to carry a
118	118	15 handgun.
119	119	16 (4) "Residence" means one (1) or more of the following:
120	120	17 (A) The location where a person spends most of the
121	121	18 person's time, including a residence owned or leased by
122	122	19 another person if the person:
123	123	20 (i) does not own or lease a residence; or
124	124	21 (ii) spends more time at the residence owned or leased by
125	125	22 the other person than at the residence owned or leased
126	126	23 by the person.
127	127	24 (B) A particular location where a person spends more than
128	128	25 three (3) nights in a thirty (30) day period.
129	129	26 (5) "Surrender" means to make available for confiscation by
130	130	27 a law enforcement agency or law enforcement officer having
131	131	28 jurisdiction over one (1) or more of the following:
132	132	29 (A) The location of the offense.
133	133	30 (B) The location of the defendant's residence at any time
134	134	31 between the defendant's arrest and the conclusion of the
135	135	32 defendant's sentence.
136	136	33 (b) A domestic batterer who knowingly or intentionally fails to
137	137	34 surrender any:
138	138	35 (1) firearm; or
139	139	36 (2) license;
140	140	37 owned or possessed by the domestic batterer commits unlawful
141	141	38 retention of a firearm or license by a domestic batterer, a Class A
142	142	39 misdemeanor. However, the offense is a Level 6 felony if the person
143	143	40 has a prior unrelated conviction for an offense under this section.
144	144	41 (c) It is a defense to a prosecution under this section that:
145	145	42 (1) a court did not issue a written order described in section
146	146	2025 IN 1317—LS 6096/DI 144 4
147	147	1 6.4(a) of this chapter before the domestic batterer's failure to
148	148	2 surrender any firearm or license owned or possessed by the
149	149	3 domestic batterer; or
150	150	4 (2) the appropriate law enforcement agency or law
151	151	5 enforcement officer failed to confiscate a firearm or license
152	152	6 eligible for confiscation under this section in a timely manner.
153	153	7 (d) It is not a defense to a prosecution under this section that a
154	154	8 firearm or license subject to confiscation by a law enforcement
155	155	9 agency or law enforcement officer under this section was in the
156	156	10 possession of a third party not specified in the court order
157	157	11 described in section 6.4(a) of this chapter.
158	158	12 (e) Nothing in this chapter shall be construed to prevent a
159	159	13 person who is:
160	160	14 (1) the rightful owner of a firearm confiscated under this
161	161	15 section; and
162	162	16 (2) not otherwise disqualified or prohibited from owning or
163	163	17 possessing a firearm under state or federal law;
164	164	18 from reclaiming a confiscated firearm from the law enforcement
165	165	19 agency or law enforcement officer responsible for originally
166	166	20 confiscating the firearm.
167	167	21 SECTION 9. IC 35-47-4-6.4 IS ADDED TO THE INDIANA CODE
168	168	22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
169	169	23 1, 2025]: Sec. 6.4. (a) A court, upon entering a judgment of
170	170	24 conviction for domestic battery or a crime of domestic violence,
171	171	25 shall issue a written order that does the following:
172	172	26 (1) Prohibits the defendant from owning or possessing a
173	173	27 firearm.
174	174	28 (2) Requires the defendant to surrender all firearms and
175	175	29 licenses owned or possessed by the defendant.
176	176	30 (3) Orders an appropriate law enforcement:
177	177	31 (A) agency; or
178	178	32 (B) officer;
179	179	33 to confiscate all firearms and all licenses owned or possessed
180	180	34 by the defendant.
181	181	35 (4) Advises the defendant of the rights described in section 7
182	182	36 of this chapter.
183	183	37 (b) A law enforcement agency or law enforcement officer
184	184	38 subject to a written court order described in subsection (a) shall
185	185	39 comply with subsection (a) not later than seventy-two (72) hours
186	186	40 after receipt of the written court order described in subsection (a).
187	187	41 SECTION 10. IC 35-47-4-7, AS AMENDED BY P.L.181-2014,
188	188	42 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
189	189	2025 IN 1317—LS 6096/DI 144 5
190	190	1 JULY 1, 2025]: Sec. 7. (a) Notwithstanding IC 35-47-2, IC 35-47-2.5,
191	191	2 the restoration of the right to serve on a jury under IC 33-28-5-18, the
192	192	3 restoration of the right to vote under IC 3-7-13-5, or the expungement
193	193	4 of a crime of domestic violence under IC 35-38-9, and except as
194	194	5 provided in subsections (b), (c), and (f), a person who has been
195	195	6 convicted of a crime of domestic violence may not possess a firearm.
196	196	7 (b) Not earlier than five (5) years after the date of conviction, a
197	197	8 person who has been convicted of a crime of domestic violence may
198	198	9 petition the court for restoration of the person's right to possess a
199	199	10 firearm. In determining whether to restore the person's right to possess
200	200	11 a firearm, the court shall consider the following factors:
201	201	12 (1) Whether the person has been subject to:
202	202	13 (A) a protective order;
203	203	14 (B) a no contact order;
204	204	15 (C) a workplace violence restraining order; or
205	205	16 (D) any other court order that prohibits the person from
206	206	17 possessing a firearm.
207	207	18 (2) Whether the person has successfully completed a substance
208	208	19 abuse program, if applicable.
209	209	20 (3) Whether the person has successfully completed a parenting
210	210	21 class, if applicable.
211	211	22 (4) Whether the person still presents a threat to the victim of the
212	212	23 crime.
213	213	24 (5) Whether there is any other reason why the person should not
214	214	25 possess a firearm, including whether the person failed to satisfy
215	215	26 a specified condition under subsection (c) or whether the person
216	216	27 has committed a subsequent offense.
217	217	28 (c) The court may condition the restoration of a person's right to
218	218	29 possess a firearm upon the person's satisfaction of specified conditions.
219	219	30 (d) If the court denies a petition for restoration of the right to
220	220	31 possess a firearm, the person may not file a second or subsequent
221	221	32 petition until one (1) year has elapsed after the filing of the most recent
222	222	33 petition.
223	223	34 (e) A person has not been convicted of a crime of domestic violence
224	224	35 for purposes of subsection (a) if the person has been pardoned.
225	225	36 (f) The right to possess a firearm shall be restored to a person whose
226	226	37 conviction is reversed on appeal or on postconviction review at the
227	227	38 earlier of the following:
228	228	39 (1) At the time the prosecuting attorney states on the record that
229	229	40 the charges that gave rise to the conviction will not be refiled.
230	230	41 (2) Ninety (90) days after the final disposition of the appeal or the
231	231	42 postconviction proceeding.
232	232	2025 IN 1317—LS 6096/DI 144 6
233	233	1 (g) If a person's right to possess a firearm is restored under this
234	234	2 section, any:
235	235	3 (1) written court order issued under section 6.4 of this chapter
236	236	4 shall be vacated;
237	237	5 (2) firearm confiscated under section 6.4 of this chapter shall
238	238	6 be:
239	239	7 (A) disposed of; or
240	240	8 (B) returned to the rightful owner;
241	241	9 in the manner described in IC 35-47-3; and
242	242	10 (3) valid license confiscated under section 6.4 of this chapter
243	243	11 shall be made available to the person not later than
244	244	12 seventy-two (72) hours after the person's right to possess a
245	245	13 firearm has been restored.
246	246	2025 IN 1317—LS 6096/DI 144