Indiana 2025 Regular Session

Indiana Senate Bill SB0092 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 92
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-35-3-3; IC 35-38-1-21; IC 35-42-4-10.
7	7	Synopsis: Sex offenses. Prohibits plea agreements concerning: (1)
8	8	promotion of child sexual trafficking; (2) promotion of sexual
9	9	trafficking of a younger child; (3) child sexual trafficking; or (4) child
10	10	solicitation; if a term of the plea agreement requires the prosecuting
11	11	attorney to dismiss a charge in exchange for the defendant's agreement
12	12	to plead guilty to a less serious offense. Adds facilities that provide
13	13	entertainment exclusively directed toward children to the list of
14	14	facilities at which a sexually violent predator or an offender against
15	15	children may not work or volunteer, and increases the penalty for the
16	16	offense of unlawful employment by a sexual predator to a Level 4
17	17	felony, with an enhancement to a Level 3 felony if the person has a
18	18	prior conviction based on the violation of a condition of sex offender
19	19	registration. Provides that a sexually violent predator or an offender
20	20	against children who knowingly or intentionally is present at a facility
21	21	that provides entertainment exclusively directed toward children
22	22	commits attendance at a juvenile entertainment facility by a sex
23	23	offender, a Level 4 felony, with an enhancement to a Level 3 felony if
24	24	the person has a prior conviction based on the violation of a condition
25	25	of sex offender registration.
26	26	Effective: July 1, 2025.
27	27	Dernulc
28	28	January 8, 2025, read first time and referred to Committee on Corrections and Criminal
29	29	Law.
30	30	2025 IN 92—LS 6229/DI 106 Introduced
31	31	First Regular Session of the 124th General Assembly (2025)
32	32	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
33	33	Constitution) is being amended, the text of the existing provision will appear in this style type,
34	34	additions will appear in this style type, and deletions will appear in this style type.
35	35	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
36	36	provision adopted), the text of the new provision will appear in this style type. Also, the
37	37	word NEW will appear in that style type in the introductory clause of each SECTION that adds
38	38	a new provision to the Indiana Code or the Indiana Constitution.
39	39	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
40	40	between statutes enacted by the 2024 Regular Session of the General Assembly.
41	41	SENATE BILL No. 92
42	42	A BILL FOR AN ACT to amend the Indiana Code concerning
43	43	criminal law and procedure.
44	44	Be it enacted by the General Assembly of the State of Indiana:
45	45	1 SECTION 1. IC 35-35-3-3, AS AMENDED BY P.L.50-2017,
46	46	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
47	47	3 JULY 1, 2025]: Sec. 3. (a) No plea agreement may be made by the
48	48	4 prosecuting attorney to a court with respect to:
49	49	5 (1) IC 35-42-3.5-1.2 (promotion of child sexual trafficking;
50	50	6 promotion of sexual trafficking of a younger child);
51	51	7 (2) IC 35-42-3.5-1.3 (child sexual trafficking); or
52	52	8 (3) IC 35-42-4-6 (child solicitation);
53	53	9 if a term of the plea agreement requires the prosecuting attorney
54	54	10 to dismiss a charge for an offense described in subdivisions (1)
55	55	11 through (3) in exchange for the defendant's agreement to plead
56	56	12 guilty to a less serious offense.
57	57	13 (a) (b) No plea agreement may be made by the prosecuting attorney
58	58	14 to a court on a felony charge except:
59	59	15 (1) in writing; and
60	60	16 (2) before the defendant enters a plea of guilty.
61	61	17 The plea agreement shall be shown as filed, and if its contents indicate
62	62	2025 IN 92—LS 6229/DI 106 2
63	63	1 that the prosecuting attorney anticipates that the defendant intends to
64	64	2 enter a plea of guilty to a felony charge, the court shall order the
65	65	3 presentence report required by IC 35-38-1-8 and may hear evidence on
66	66	4 the plea agreement.
67	67	5 (b) (c) If the plea agreement is not accepted, the court shall reject it
68	68	6 before the case may be disposed of by trial or by guilty plea. If the court
69	69	7 rejects the plea agreement, subsequent plea agreements may be filed
70	70	8 with the court, subject to the same requirements that this chapter
71	71	9 imposes upon the initial plea agreement.
72	72	10 (c) (d) A plea agreement in a misdemeanor case may be submitted
73	73	11 orally to the court.
74	74	12 (d) (e) In a misdemeanor case, if:
75	75	13 (1) the court rejects a plea agreement; and
76	76	14 (2) the prosecuting attorney or the defendant files a written
77	77	15 motion for change of judge within ten (10) days after the plea
78	78	16 agreement is rejected;
79	79	17 the court shall grant the motion for change of judge and transfer the
80	80	18 proceeding to a special judge under the Indiana Rules of Criminal
81	81	19 Procedure. However, there may not be more than one (1) transfer of the
82	82	20 proceeding to a special judge under this subsection.
83	83	21 (e) (f) If the court accepts a plea agreement, it shall be bound by its
84	84	22 terms.
85	85	23 SECTION 2. IC 35-38-1-21 IS AMENDED TO READ AS
86	86	24 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 21. (a) A court that
87	87	25 receives a petition from the department of correction under
88	88	26 IC 35-38-3-5 may, after notice to the prosecuting attorney of the
89	89	27 judicial circuit in which the defendant's case originated, hold a hearing
90	90	28 for the purpose of determining whether the offender named in the
91	91	29 petition may be placed in home detention under IC 35-38-2.5 instead
92	92	30 of commitment to the department of correction for the remainder of the
93	93	31 offender's minimum sentence.
94	94	32 (b) Notwithstanding IC 35-35-3-3(e), IC 35-35-3-3(f), and after a
95	95	33 hearing held under this section, a sentencing court may order the
96	96	34 offender named in the petition filed under IC 35-38-3-5 to be placed in
97	97	35 home detention under IC 35-38-2.5 instead of commitment to the
98	98	36 department of correction for the remainder of the offender's minimum
99	99	37 sentence.
100	100	38 SECTION 3. IC 35-42-4-10, AS AMENDED BY P.L.156-2020,
101	101	39 SECTION 130, IS AMENDED TO READ AS FOLLOWS
102	102	40 [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) As used in this section,
103	103	41 "offender against children" means a person who is an offender against
104	104	42 children under section 11 of this chapter.
105	105	2025 IN 92—LS 6229/DI 106 3
106	106	1 (b) As used in this section, "sexually violent predator" means a
107	107	2 person who is a sexually violent predator under IC 35-38-1-7.5.
108	108	3 (c) A sexually violent predator or an offender against children who
109	109	4 knowingly or intentionally works for compensation or as a volunteer:
110	110	5 (1) on school property;
111	111	6 (2) at a youth program center;
112	112	7 (3) at a public park;
113	113	8 (4) as a child care provider (as defined by IC 31-33-26-1);
114	114	9 (5) for a child care provider (as defined by IC 31-33-26-1); or
115	115	10 (6) as a provider of:
116	116	11 (A) respite care services and other support services for primary
117	117	12 or family caregivers; or
118	118	13 (B) adult day care services; or
119	119	14 (7) at a facility that provides entertainment exclusively
120	120	15 directed toward a child less than eighteen (18) years of age;
121	121	16 commits unlawful employment by a sexual predator, a Level 6 felony.
122	122	17 Level 4 felony. However, the offense is a Level 5 felony Level 3
123	123	18 felony if the person has a prior unrelated conviction based on the
124	124	19 person's failure to comply with any requirement imposed on an
125	125	20 offender under IC 11-8-8.
126	126	21 (d) A sexually violent predator or an offender against children
127	127	22 who knowingly or intentionally is present at a facility that provides
128	128	23 entertainment exclusively directed toward a child less than
129	129	24 eighteen (18) years of age commits attendance at a juvenile
130	130	25 entertainment facility by a sex offender, a Level 4 felony. However,
131	131	26 the offense is a Level 3 felony if the person has a prior unrelated
132	132	27 conviction based on the person's failure to comply with any
133	133	28 requirement imposed on an offender under IC 11-8-8.
134	134	2025 IN 92—LS 6229/DI 106