Indiana 2025 Regular Session

Indiana House Bill HB1535 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. 1535
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-38-1-7.1.
7	7	Synopsis: Sentencing of aliens unlawfully present. Makes it a
8	8	sentencing aggravator that the person is or has been an alien unlawfully
9	9	present in the United States.
10	10	Effective: July 1, 2025.
11	11	Ireland, Commons
12	12	January 21, 2025, read first time and referred to Committee on Courts and Criminal Code.
13	13	2025 IN 1535—LS 7323/DI 106 Introduced
14	14	First Regular Session of the 124th General Assembly (2025)
15	15	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
16	16	Constitution) is being amended, the text of the existing provision will appear in this style type,
17	17	additions will appear in this style type, and deletions will appear in this style type.
18	18	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
19	19	provision adopted), the text of the new provision will appear in this style type. Also, the
20	20	word NEW will appear in that style type in the introductory clause of each SECTION that adds
21	21	a new provision to the Indiana Code or the Indiana Constitution.
22	22	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
23	23	between statutes enacted by the 2024 Regular Session of the General Assembly.
24	24	HOUSE BILL No. 1535
25	25	A BILL FOR AN ACT to amend the Indiana Code concerning
26	26	criminal law and procedure.
27	27	Be it enacted by the General Assembly of the State of Indiana:
28	28	1 SECTION 1. IC 35-38-1-7.1, AS AMENDED BY P.L.148-2024,
29	29	2 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30	30	3 JULY 1, 2025]: Sec. 7.1. (a) In determining what sentence to impose
31	31	4 for a crime, the court may consider the following aggravating
32	32	5 circumstances:
33	33	6 (1) The harm, injury, loss, or damage suffered by the victim of an
34	34	7 offense was:
35	35	8 (A) significant; and
36	36	9 (B) greater than the elements necessary to prove the
37	37	10 commission of the offense.
38	38	11 (2) The person has a history of criminal or delinquent behavior.
39	39	12 (3) The victim of the offense was less than twelve (12) years of
40	40	13 age or at least sixty-five (65) years of age at the time the person
41	41	14 committed the offense.
42	42	15 (4) The person:
43	43	16 (A) committed a crime of violence (IC 35-50-1-2); and
44	44	17 (B) knowingly committed the offense in the presence or within
45	45	2025 IN 1535—LS 7323/DI 106 2
46	46	1 hearing of an individual who:
47	47	2 (i) was less than eighteen (18) years of age at the time the
48	48	3 person committed the offense; and
49	49	4 (ii) is not the victim of the offense.
50	50	5 (5) The person violated a protective order issued against the
51	51	6 person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
52	52	7 IC 34-4-5.1 before their repeal), a workplace violence restraining
53	53	8 order issued against the person under IC 34-26-6, or a no contact
54	54	9 order issued against the person.
55	55	10 (6) The person has recently violated the conditions of any
56	56	11 probation, parole, pardon, community corrections placement, or
57	57	12 pretrial release granted to the person.
58	58	13 (7) The victim of the offense was:
59	59	14 (A) a person with a disability (as defined in IC 27-7-6-12), and
60	60	15 the defendant knew or should have known that the victim was
61	61	16 a person with a disability; or
62	62	17 (B) mentally or physically infirm.
63	63	18 (8) The person was in a position having care, custody, or control
64	64	19 of the victim of the offense.
65	65	20 (9) The injury to or death of the victim of the offense was the
66	66	21 result of shaken baby syndrome (as defined in IC 16-41-40-2) or
67	67	22 abusive head trauma.
68	68	23 (10) The person threatened to harm the victim of the offense or a
69	69	24 witness if the victim or witness told anyone about the offense.
70	70	25 (11) The person:
71	71	26 (A) committed trafficking with an inmate under
72	72	27 IC 35-44.1-3-5; and
73	73	28 (B) is an employee of the penal facility.
74	74	29 (12) The person committed the offense with bias due to the
75	75	30 victim's or the group's real or perceived characteristic, trait, belief,
76	76	31 practice, association, or other attribute the court chooses to
77	77	32 consider, including but not limited to an attribute described in
78	78	33 IC 10-13-3-1.
79	79	34 (13) The person is or has been an alien (as defined by 8 U.S.C.
80	80	35 1101(a)) unlawfully present in the United States. A
81	81	36 determination by the United States Department of Homeland
82	82	37 Security that an alien has come to, entered, or remained in the
83	83	38 United States in violation of law is evidence that the alien is or
84	84	39 has been unlawfully present in the United States.
85	85	40 (b) The court may consider the following factors as mitigating
86	86	41 circumstances or as favoring suspending the sentence and imposing
87	87	42 probation:
88	88	2025 IN 1535—LS 7323/DI 106 3
89	89	1 (1) The crime neither caused nor threatened serious harm to
90	90	2 persons or property, or the person did not contemplate that it
91	91	3 would do so.
92	92	4 (2) The crime was the result of circumstances unlikely to recur.
93	93	5 (3) The victim of the crime induced or facilitated the offense.
94	94	6 (4) There are substantial grounds tending to excuse or justify the
95	95	7 crime, though failing to establish a defense.
96	96	8 (5) The person acted under strong provocation.
97	97	9 (6) The person has no history of delinquency or criminal activity,
98	98	10 or the person has led a law-abiding life for a substantial period
99	99	11 before commission of the crime.
100	100	12 (7) The person is likely to respond affirmatively to probation or
101	101	13 short term imprisonment.
102	102	14 (8) The character and attitudes of the person indicate that the
103	103	15 person is unlikely to commit another crime.
104	104	16 (9) The person has made or will make restitution to the victim of
105	105	17 the crime for the injury, damage, or loss sustained.
106	106	18 (10) Imprisonment of the person will result in undue hardship to
107	107	19 the person or the dependents of the person.
108	108	20 (11) The person was convicted of a crime involving the use of
109	109	21 force against a person who had repeatedly inflicted physical or
110	110	22 sexual abuse upon the convicted person and evidence shows that
111	111	23 the convicted person suffered from the effects of battery as a
112	112	24 result of the past course of conduct of the individual who is the
113	113	25 victim of the crime for which the person was convicted.
114	114	26 (12) The person was convicted of a crime relating to a controlled
115	115	27 substance and the person's arrest or prosecution was facilitated in
116	116	28 part because the person:
117	117	29 (A) requested emergency medical assistance; or
118	118	30 (B) acted in concert with another person who requested
119	119	31 emergency medical assistance;
120	120	32 for an individual who reasonably appeared to be in need of
121	121	33 medical assistance due to the use of alcohol or a controlled
122	122	34 substance.
123	123	35 (13) The person has posttraumatic stress disorder, traumatic brain
124	124	36 injury, or a postconcussive brain injury.
125	125	37 (14) The person is a person described in IC 31-30-1-4(d) who
126	126	38 committed the offense while the person was a child but is now at
127	127	39 least twenty-one (21) years of age.
128	128	40 (c) The criteria listed in subsections (a) and (b) do not limit the
129	129	41 matters that the court may consider in determining the sentence.
130	130	42 (d) A court may impose any sentence that is:
131	131	2025 IN 1535—LS 7323/DI 106 4
132	132	1 (1) authorized by statute; and
133	133	2 (2) permissible under the Constitution of the State of Indiana;
134	134	3 regardless of the presence or absence of aggravating circumstances or
135	135	4 mitigating circumstances.
136	136	5 (e) If a court suspends a sentence and orders probation for a person
137	137	6 described in subsection (b)(13), the court may require the person to
138	138	7 receive treatment for the person's injuries.
139	139	2025 IN 1535—LS 7323/DI 106