IN
Indiana Senate Bill SB0120

Indiana 2025 Regular Session

Indiana Senate Bill SB0120 Compare Versions

OldNewDifferences
1+*ES0120.1*
2+March 13, 2025
3+ENGROSSED
4+SENATE BILL No. 120
5+_____
6+DIGEST OF SB 120 (Updated March 12, 2025 11:41 am - DI 106)
7+Citations Affected: IC 36-2.
8+Synopsis: DNA samples at time of arrest. Requires a sheriff to take a
9+DNA sample of a person taken into custody for a felony. Provides that
10+it is a Class C misdemeanor if a person refuses to provide a DNA
11+sample to a sheriff.
12+Effective: July 1, 2025.
13+Crider, Bohacek, Clark
14+(HOUSE SPONSOR — MCNAMARA)
15+January 8, 2025, read first time and referred to Committee on Corrections and Criminal
16+Law.
17+February 4, 2025, reported favorably — Do Pass.
18+February 6, 2025, read second time, ordered engrossed. Engrossed.
19+February 10, 2025, read third time, passed. Yeas 40, nays 9.
20+HOUSE ACTION
21+March 3, 2025, read first time and referred to Committee on Courts and Criminal Code.
22+March 13, 2025, amended, reported — Do Pass.
23+ES 120—LS 6340/DI 107 March 13, 2025
124 First Regular Session of the 124th General Assembly (2025)
225 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
326 Constitution) is being amended, the text of the existing provision will appear in this style type,
427 additions will appear in this style type, and deletions will appear in this style type.
528 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
629 provision adopted), the text of the new provision will appear in this style type. Also, the
730 word NEW will appear in that style type in the introductory clause of each SECTION that adds
831 a new provision to the Indiana Code or the Indiana Constitution.
932 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1033 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 120
12-AN ACT to amend the Indiana Code concerning public safety.
34+ENGROSSED
35+SENATE BILL No. 120
36+A BILL FOR AN ACT to amend the Indiana Code concerning
37+public safety.
1338 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 36-2-13-5, AS AMENDED BY P.L.63-2008,
15-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16-JULY 1, 2025]: Sec. 5. (a) The sheriff shall:
17-(1) arrest without process persons who commit an offense within
18-the sheriff's view, take them before a court of the county having
19-jurisdiction, and detain them in custody until the cause of the
20-arrest has been investigated;
21-(2) suppress breaches of the peace, calling the power of the
22-county to the sheriff's aid if necessary;
23-(3) pursue and jail felons;
24-(4) execute all process directed to the sheriff by legal authority;
25-(5) serve all process directed to the sheriff from a court or the
26-county executive;
27-(6) attend and preserve order in all courts of the county;
28-(7) take care of the county jail and the prisoners there;
29-(8) take photographs, fingerprints, and other identification data as
30-the sheriff shall prescribe of persons taken into custody for
31-felonies or misdemeanors; and
32-(9) take DNA (deoxyribonucleic acid) samples for felonies;
33-and
34-(9) (10) on or before January 31 and June 30 of each year, provide
35-to the department of correction the average daily cost of
36-SEA 120 — Concur 2
37-incarcerating a prisoner in the county jail as determined under the
38-methodology developed by the department of correction under
39-IC 11-10-13.
40-(b) A person who:
41-(1) refuses to be photographed, as prescribed in subsection
42-(a)(8);
43-(2) refuses to be fingerprinted, as prescribed in subsection
44-(a)(8);
45-(3) withholds information, identification data, as prescribed in
46-subsection (a)(8); or
47-(4) gives false information, as prescribed in subsection (a)(8);
48-or
49-(5) refuses to provide a DNA (deoxyribonucleic acid) sample,
50-as prescribed in subsection (a)(9);
51-as prescribed in subsection (a)(8), commits a Class C misdemeanor.
52-(c) The sheriff may supervise and inspect all pawnbrokers, vendors,
53-junkshop keepers, cartmen, expressmen, dealers in secondhand
54-merchandise, intelligence offices, and auctions. The sheriff may
55-authorize any deputy in writing to exercise the same powers.
56-SEA 120 — Concur President of the Senate
57-President Pro Tempore
58-Speaker of the House of Representatives
59-Governor of the State of Indiana
60-Date: Time:
61-SEA 120 — Concur
39+1 SECTION 1. IC 36-2-13-5, AS AMENDED BY P.L.63-2008,
40+2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41+3 JULY 1, 2025]: Sec. 5. (a) The sheriff shall:
42+4 (1) arrest without process persons who commit an offense within
43+5 the sheriff's view, take them before a court of the county having
44+6 jurisdiction, and detain them in custody until the cause of the
45+7 arrest has been investigated;
46+8 (2) suppress breaches of the peace, calling the power of the
47+9 county to the sheriff's aid if necessary;
48+10 (3) pursue and jail felons;
49+11 (4) execute all process directed to the sheriff by legal authority;
50+12 (5) serve all process directed to the sheriff from a court or the
51+13 county executive;
52+14 (6) attend and preserve order in all courts of the county;
53+15 (7) take care of the county jail and the prisoners there;
54+16 (8) take photographs, fingerprints, and other identification data as
55+17 the sheriff shall prescribe of persons taken into custody for
56+ES 120—LS 6340/DI 107 2
57+1 felonies or misdemeanors; and
58+2 (9) take DNA (deoxyribonucleic acid) samples for felonies;
59+3 and
60+4 (9) (10) on or before January 31 and June 30 of each year, provide
61+5 to the department of correction the average daily cost of
62+6 incarcerating a prisoner in the county jail as determined under the
63+7 methodology developed by the department of correction under
64+8 IC 11-10-13.
65+9 (b) A person who:
66+10 (1) refuses to be photographed, as prescribed in subsection
67+11 (a)(8);
68+12 (2) refuses to be fingerprinted, as prescribed in subsection
69+13 (a)(8);
70+14 (3) withholds information, identification data, as prescribed in
71+15 subsection (a)(8); or
72+16 (4) gives false information, as prescribed in subsection (a)(8);
73+17 or
74+18 (5) refuses to provide a DNA (deoxyribonucleic acid) sample,
75+19 as prescribed in subsection (a)(9);
76+20 as prescribed in subsection (a)(8), commits a Class C misdemeanor.
77+21 (c) The sheriff may supervise and inspect all pawnbrokers, vendors,
78+22 junkshop keepers, cartmen, expressmen, dealers in secondhand
79+23 merchandise, intelligence offices, and auctions. The sheriff may
80+24 authorize any deputy in writing to exercise the same powers.
81+ES 120—LS 6340/DI 107 3
82+COMMITTEE REPORT
83+Mr. President: The Senate Committee on Corrections and Criminal
84+Law, to which was referred Senate Bill No. 120, has had the same
85+under consideration and begs leave to report the same back to the
86+Senate with the recommendation that said bill DO PASS.
87+ (Reference is to SB 120 as introduced.)
88+
89+FREEMAN, Chairperson
90+Committee Vote: Yeas 7, Nays 0
91+_____
92+COMMITTEE REPORT
93+Mr. Speaker: Your Committee on Courts and Criminal Code, to
94+which was referred Senate Bill 120, has had the same under
95+consideration and begs leave to report the same back to the House with
96+the recommendation that said bill be amended as follows:
97+Page 2, line 14, strike "information," and insert "identification
98+data,".
99+and when so amended that said bill do pass.
100+(Reference is to SB 120 as printed February 5, 2025.)
101+MCNAMARA
102+Committee Vote: yeas 13, nays 0.
103+ES 120—LS 6340/DI 107