Indiana 2025 Regular Session

Indiana Senate Bill SB0159 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0159.1
	2	+	March 13, 2025
	3	+	ENGROSSED
	4	+	SENATE BILL No. 159
	5	+	_____
	6	+	DIGEST OF SB 159 (Updated March 12, 2025 11:40 am - DI 106)
	7	+	Citations Affected: IC 35-33.
	8	+	Synopsis: Procedures for obtaining a warrant. Specifies that a request
	9	+	for a warrant made orally by telephone, radio, or similar electronic
	10	+	means must be recorded and typed or transcribed. (Under current law,
	11	+	the judge is required to record the request, and the court reporter to
	12	+	type or transcribe it.) Permits certain warrant requests to be: (1) made
	13	+	electronically (where current law only allows this by radio or
	14	+	telephone); and (2) recorded electronically (where current law only
	15	+	permits the use of audio tape). Requires the prosecuting attorney and
	16	+	a law enforcement agency to maintain all requests for warrants, and to
	17	+	provide them to a defendant in discovery.
	18	+	Effective: July 1, 2025.
	19	+	Freeman, Bohacek, Pol Jr., Koch,
	20	+	Glick, Randolph Lonnie M
	21	+	(HOUSE SPONSOR — BASCOM)
	22	+	January 8, 2025, read first time and referred to Committee on Corrections and Criminal
	23	+	Law.
	24	+	January 14, 2025, reported favorably — Do Pass.
	25	+	January 21, 2025, read second time, amended, ordered engrossed.
	26	+	January 22, 2025, engrossed.
	27	+	January 23, 2025, read third time, passed. Yeas 49, nays 0.
	28	+	HOUSE ACTION
	29	+	March 3, 2025, read first time and referred to Committee on Courts and Criminal Code.
	30	+	March 13, 2025, amended, reported — Do Pass.
	31	+	ES 159—LS 6672/DI 106 March 13, 2025
1	32		First Regular Session of the 124th General Assembly (2025)
2	33		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	34		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	35		additions will appear in this style type, and deletions will appear in this style type.
5	36		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	37		provision adopted), the text of the new provision will appear in this style type. Also, the
7	38		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	39		a new provision to the Indiana Code or the Indiana Constitution.
9	40		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	41		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 159
12		-	AN ACT to amend the Indiana Code concerning criminal law and
13		-	procedure.
	42	+	ENGROSSED
	43	+	SENATE BILL No. 159
	44	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	45	+	criminal law and procedure.
14	46		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 35-33-5-8, AS AMENDED BY P.L.170-2014,
16		-	SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2025]: Sec. 8. (a) A judge may issue a search or arrest warrant
18		-	without the affidavit required under section 2 of this chapter, if the
19		-	judge receives testimony subject to the penalties for perjury of the same
20		-	facts required for an affidavit:
21		-	(1) in a nonadversarial, recorded hearing before the judge;
22		-	(2) orally by telephone, or radio, or similar electronic means;
23		-	(3) in writing by facsimile transmission (FAX); or
24		-	(4) in writing by electronic mail or other electronic transmission.
25		-	(b) If a warrant is issued under subsection (a)(1), the judge shall
26		-	order the court reporter to type or transcribe the testimony from the
27		-	hearing for entry in the record. The judge shall then certify the
28		-	transcript.
29		-	(c) After reciting the facts required for an affidavit and verifying the
30		-	facts recited under penalty of perjury, an applicant for a warrant under
31		-	subsection (a)(2) shall read to the judge from a warrant form on which
32		-	the applicant enters the information read by the applicant to the judge.
33		-	The judge may direct the applicant to modify the warrant. If the judge
34		-	agrees to issue the warrant, the judge shall direct the applicant to sign
35		-	the judge's name to the warrant, adding the time of the issuance of the
36		-	SEA 159 — Concur 2
37		-	warrant.
38		-	(d) After transmitting an affidavit, an applicant for a warrant under
39		-	subsection (a)(3) or (a)(4) shall transmit to the judge a copy of a
40		-	warrant form completed by the applicant. The judge may modify the
41		-	transmitted warrant. If the judge agrees to issue the warrant, the judge
42		-	shall sign, affix the date and time, and transmit to the applicant a
43		-	duplicate of the warrant.
44		-	(e) If a warrant is issued under subsection (a)(2), the judge shall
	47	+	1 SECTION 1. IC 35-33-5-8, AS AMENDED BY P.L.170-2014,
	48	+	2 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	49	+	3 JULY 1, 2025]: Sec. 8. (a) A judge may issue a search or arrest warrant
	50	+	4 without the affidavit required under section 2 of this chapter, if the
	51	+	5 judge receives testimony subject to the penalties for perjury of the same
	52	+	6 facts required for an affidavit:
	53	+	7 (1) in a nonadversarial, recorded hearing before the judge;
	54	+	8 (2) orally by telephone, or radio, or similar electronic means;
	55	+	9 (3) in writing by facsimile transmission (FAX); or
	56	+	10 (4) in writing by electronic mail or other electronic transmission.
	57	+	11 (b) If a warrant is issued under subsection (a)(1), the judge shall
	58	+	12 order the court reporter to type or transcribe the testimony from the
	59	+	13 hearing for entry in the record. The judge shall then certify the
	60	+	14 transcript.
	61	+	15 (c) After reciting the facts required for an affidavit and verifying the
	62	+	16 facts recited under penalty of perjury, an applicant for a warrant under
	63	+	17 subsection (a)(2) shall read to the judge from a warrant form on which
	64	+	ES 159—LS 6672/DI 106 2
	65	+	1 the applicant enters the information read by the applicant to the judge.
	66	+	2 The judge may direct the applicant to modify the warrant. If the judge
	67	+	3 agrees to issue the warrant, the judge shall direct the applicant to sign
	68	+	4 the judge's name to the warrant, adding the time of the issuance of the
	69	+	5 warrant.
	70	+	6 (d) After transmitting an affidavit, an applicant for a warrant under
	71	+	7 subsection (a)(3) or (a)(4) shall transmit to the judge a copy of a
	72	+	8 warrant form completed by the applicant. The judge may modify the
	73	+	9 transmitted warrant. If the judge agrees to issue the warrant, the judge
	74	+	10 shall sign, affix the date and time, and transmit to the applicant a
	75	+	11 duplicate of the warrant.
	76	+	12 (e) If a warrant is issued under subsection (a)(2), the judge shall
	77	+	13 record the conversation shall be recorded on audio tape or
	78	+	14 electronically. and order the court reporter to type or transcribe The
	79	+	15 recording shall be typed or transcribed for entry in the record. The
	80	+	16 judge shall certify the audio tape or electronic recording, the
	81	+	17 transcription, and the warrant retained by the judge for entry in the
	82	+	18 record. The prosecuting attorney and law enforcement agency shall
	83	+	19 maintain, and provide to the defendant in discovery, all relevant
	84	+	20 requests for warrants, including any relevant warrants that may
	85	+	21 have been denied by the court, and any recordings of the
	86	+	22 conversation that was transcribed.
	87	+	23 (f) If a warrant is issued under subsection (a)(3), the facsimile copy
	88	+	24 of the affidavit and warrant sent to the judge shall be retained as if they
	89	+	25 were the originals. If a warrant is issued under subsection (a)(4), the
	90	+	26 electronically transmitted copy of the affidavit and warrant sent to the
	91	+	27 judge shall be printed and retained as if they were the originals.
	92	+	28 (g) The court reporter shall notify the applicant who received a
	93	+	29 warrant under subsection (a)(1) or (a)(2) when the transcription
	94	+	30 required under this section is entered in the record. The applicant shall
	95	+	31 sign the transcribed entry upon receiving notice from the court reporter.
	96	+	32 (h) The affiant and the judge may use an electronic signature on the
	97	+	33 affidavit and warrant. An electronic signature may be indicated by
	98	+	34 "s/Affiant's Name" or "s/Judge's Name" or by any other electronic
	99	+	35 means that identifies the affiant or judge and indicates that the affiant
	100	+	36 or judge adopts the contents of the document to which the electronic
	101	+	37 signature is affixed.
	102	+	ES 159—LS 6672/DI 106 3
	103	+	COMMITTEE REPORT
	104	+	Mr. President: The Senate Committee on Corrections and Criminal
	105	+	Law, to which was referred Senate Bill No. 159, has had the same
	106	+	under consideration and begs leave to report the same back to the
	107	+	Senate with the recommendation that said bill DO PASS.
	108	+	(Reference is to SB 159 as introduced.)
	109	+
	110	+	FREEMAN, Chairperson
	111	+	Committee Vote: Yeas 8, Nays 0
	112	+	_____
	113	+	SENATE MOTION
	114	+	Mr. President: I move that Senate Bill 159 be amended to read as
	115	+	follows:
	116	+	Page 2, line 12, delete "judge or" and insert "judge, or at the
	117	+	direction of the judge,".
	118	+	Page 2, line 17, after "record." insert "The prosecuting attorney
	119	+	and law enforcement agency shall maintain, and provide to the
	120	+	defendant in discovery, all requests for warrants, including any
	121	+	warrants that may have been denied by the court.".
	122	+	(Reference is to SB 159 as printed January 15, 2025.)
	123	+	FREEMAN
	124	+	_____
	125	+	COMMITTEE REPORT
	126	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	127	+	which was referred Senate Bill 159, has had the same under
	128	+	consideration and begs leave to report the same back to the House with
	129	+	the recommendation that said bill be amended as follows:
	130	+	Page 2, delete lines 12 through 21, begin a new paragraph and
	131	+	insert:
	132	+	"(e) If a warrant is issued under subsection (a)(2), the judge shall
45	133		record the conversation shall be recorded on audio tape or
46	134		electronically. and order the court reporter to type or transcribe The
47	135		recording shall be typed or transcribed for entry in the record. The
48	136		judge shall certify the audio tape or electronic recording, the
	137	+	ES 159—LS 6672/DI 106 4
49	138		transcription, and the warrant retained by the judge for entry in the
50	139		record. The prosecuting attorney and law enforcement agency shall
51	140		maintain, and provide to the defendant in discovery, all relevant
52	141		requests for warrants, including any relevant warrants that may
53	142		have been denied by the court, and any recordings of the
54		-	conversation that was transcribed.
55		-	(f) If a warrant is issued under subsection (a)(3), the facsimile copy
56		-	of the affidavit and warrant sent to the judge shall be retained as if they
57		-	were the originals. If a warrant is issued under subsection (a)(4), the
58		-	electronically transmitted copy of the affidavit and warrant sent to the
59		-	judge shall be printed and retained as if they were the originals.
60		-	(g) The court reporter shall notify the applicant who received a
61		-	warrant under subsection (a)(1) or (a)(2) when the transcription
62		-	required under this section is entered in the record. The applicant shall
63		-	sign the transcribed entry upon receiving notice from the court reporter.
64		-	(h) The affiant and the judge may use an electronic signature on the
65		-	affidavit and warrant. An electronic signature may be indicated by
66		-	"s/Affiant's Name" or "s/Judge's Name" or by any other electronic
67		-	means that identifies the affiant or judge and indicates that the affiant
68		-	or judge adopts the contents of the document to which the electronic
69		-	signature is affixed.
70		-	SEA 159 — Concur President of the Senate
71		-	President Pro Tempore
72		-	Speaker of the House of Representatives
73		-	Governor of the State of Indiana
74		-	Date: Time:
75		-	SEA 159 — Concur
	143	+	conversation that was transcribed.".
	144	+	and when so amended that said bill do pass.
	145	+	(Reference is to SB 159 as reprinted January 22, 2025.)
	146	+	MCNAMARA
	147	+	Committee Vote: yeas 13, nays 0.
	148	+	ES 159—LS 6672/DI 106