Introduced Version
SENATE BILL No. 92
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-35-3-3; IC 35-38-1-21; IC 35-42-4-10.
Synopsis: Sex offenses. Prohibits plea agreements concerning: (1)
promotion of child sexual trafficking; (2) promotion of sexual
trafficking of a younger child; (3) child sexual trafficking; or (4) child
solicitation; if a term of the plea agreement requires the prosecuting
attorney to dismiss a charge in exchange for the defendant's agreement
to plead guilty to a less serious offense. Adds facilities that provide
entertainment exclusively directed toward children to the list of
facilities at which a sexually violent predator or an offender against
children may not work or volunteer, and increases the penalty for the
offense of unlawful employment by a sexual predator to a Level 4
felony, with an enhancement to a Level 3 felony if the person has a
prior conviction based on the violation of a condition of sex offender
registration. Provides that a sexually violent predator or an offender
against children who knowingly or intentionally is present at a facility
that provides entertainment exclusively directed toward children
commits attendance at a juvenile entertainment facility by a sex
offender, a Level 4 felony, with an enhancement to a Level 3 felony if
the person has a prior conviction based on the violation of a condition
of sex offender registration.
Effective: July 1, 2025.
Dernulc
January 8, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025 IN 92—LS 6229/DI 106 Introduced
First Regular Session of the 124th General Assembly (2025)
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SENATE BILL No. 92
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 35-35-3-3, AS AMENDED BY P.L.50-2017,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 3. (a) No plea agreement may be made by the
4 prosecuting attorney to a court with respect to:
5 (1) IC 35-42-3.5-1.2 (promotion of child sexual trafficking;
6 promotion of sexual trafficking of a younger child);
7 (2) IC 35-42-3.5-1.3 (child sexual trafficking); or
8 (3) IC 35-42-4-6 (child solicitation);
9 if a term of the plea agreement requires the prosecuting attorney
10 to dismiss a charge for an offense described in subdivisions (1)
11 through (3) in exchange for the defendant's agreement to plead
12 guilty to a less serious offense.
13 (a) (b) No plea agreement may be made by the prosecuting attorney
14 to a court on a felony charge except:
15 (1) in writing; and
16 (2) before the defendant enters a plea of guilty.
17 The plea agreement shall be shown as filed, and if its contents indicate
2025 IN 92—LS 6229/DI 106 2
1 that the prosecuting attorney anticipates that the defendant intends to
2 enter a plea of guilty to a felony charge, the court shall order the
3 presentence report required by IC 35-38-1-8 and may hear evidence on
4 the plea agreement.
5 (b) (c) If the plea agreement is not accepted, the court shall reject it
6 before the case may be disposed of by trial or by guilty plea. If the court
7 rejects the plea agreement, subsequent plea agreements may be filed
8 with the court, subject to the same requirements that this chapter
9 imposes upon the initial plea agreement.
10 (c) (d) A plea agreement in a misdemeanor case may be submitted
11 orally to the court.
12 (d) (e) In a misdemeanor case, if:
13 (1) the court rejects a plea agreement; and
14 (2) the prosecuting attorney or the defendant files a written
15 motion for change of judge within ten (10) days after the plea
16 agreement is rejected;
17 the court shall grant the motion for change of judge and transfer the
18 proceeding to a special judge under the Indiana Rules of Criminal
19 Procedure. However, there may not be more than one (1) transfer of the
20 proceeding to a special judge under this subsection.
21 (e) (f) If the court accepts a plea agreement, it shall be bound by its
22 terms.
23 SECTION 2. IC 35-38-1-21 IS AMENDED TO READ AS
24 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 21. (a) A court that
25 receives a petition from the department of correction under
26 IC 35-38-3-5 may, after notice to the prosecuting attorney of the
27 judicial circuit in which the defendant's case originated, hold a hearing
28 for the purpose of determining whether the offender named in the
29 petition may be placed in home detention under IC 35-38-2.5 instead
30 of commitment to the department of correction for the remainder of the
31 offender's minimum sentence.
32 (b) Notwithstanding IC 35-35-3-3(e), IC 35-35-3-3(f), and after a
33 hearing held under this section, a sentencing court may order the
34 offender named in the petition filed under IC 35-38-3-5 to be placed in
35 home detention under IC 35-38-2.5 instead of commitment to the
36 department of correction for the remainder of the offender's minimum
37 sentence.
38 SECTION 3. IC 35-42-4-10, AS AMENDED BY P.L.156-2020,
39 SECTION 130, IS AMENDED TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) As used in this section,
41 "offender against children" means a person who is an offender against
42 children under section 11 of this chapter.
2025 IN 92—LS 6229/DI 106 3
1 (b) As used in this section, "sexually violent predator" means a
2 person who is a sexually violent predator under IC 35-38-1-7.5.
3 (c) A sexually violent predator or an offender against children who
4 knowingly or intentionally works for compensation or as a volunteer:
5 (1) on school property;
6 (2) at a youth program center;
7 (3) at a public park;
8 (4) as a child care provider (as defined by IC 31-33-26-1);
9 (5) for a child care provider (as defined by IC 31-33-26-1); or
10 (6) as a provider of:
11 (A) respite care services and other support services for primary
12 or family caregivers; or
13 (B) adult day care services; or
14 (7) at a facility that provides entertainment exclusively
15 directed toward a child less than eighteen (18) years of age;
16 commits unlawful employment by a sexual predator, a Level 6 felony.
17 Level 4 felony. However, the offense is a Level 5 felony Level 3
18 felony if the person has a prior unrelated conviction based on the
19 person's failure to comply with any requirement imposed on an
20 offender under IC 11-8-8.
21 (d) A sexually violent predator or an offender against children
22 who knowingly or intentionally is present at a facility that provides
23 entertainment exclusively directed toward a child less than
24 eighteen (18) years of age commits attendance at a juvenile
25 entertainment facility by a sex offender, a Level 4 felony. However,
26 the offense is a Level 3 felony if the person has a prior unrelated
27 conviction based on the person's failure to comply with any
28 requirement imposed on an offender under IC 11-8-8.
2025 IN 92—LS 6229/DI 106