Introduced Version
SENATE BILL No. 324
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-22-1; IC 11-12-3.7-6; IC 31-19-9-10;
IC 35-33-8-3.4; IC 35-42-2; IC 35-47-4-5; IC 35-48-4; IC 35-50-1-2.
Synopsis: Criminal penalties. Increases the penalty levels of crimes
related to fentanyl and methamphetamine. Increases the penalty levels
of battery against a public safety official, battery resulting in moderate
bodily injury, battery resulting in serious bodily injury, battery against
a public safety official that results in bodily injury, battery against an
endangered adult resulting in serious bodily injury, battery against a
child that results in serious bodily injury, battery that results in death,
and aggravated battery. Provides that a court may not admit a person
charged with a crime of violence to bail until the court has conducted
a bail hearing in open court. Makes conforming changes.
Effective: July 1, 2025.
Freeman
January 13, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025 IN 324—LS 7261/DI 151 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 324
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 5-2-22-1, AS AMENDED BY P.L.161-2018,
2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
4 chapter:
5 (1) "Crime of child abuse" means:
6 (A) neglect of a dependent (IC 35-46-1-4) if the dependent is
7 a child and the offense is committed under:
8 (i) IC 35-46-1-4(a)(1);
9 (ii) IC 35-46-1-4(a)(2); or
10 (iii) IC 35-46-1-4(a)(3);
11 (B) child selling (IC 35-46-1-4(d));
12 (C) a sex offense (as defined in IC 11-8-8-5.2) committed
13 against a child; or
14 (D) battery against a child under:
15 (i) IC 35-42-2-1(e)(3) IC 35-42-2-1(e)(1) (battery on a
16 child);
17 (ii) IC 35-42-2-1(g)(5)(B) IC 35-42-2-1(g)(6)(A) (battery
2025 IN 324—LS 7261/DI 151 2
1 causing bodily injury to a child);
2 (iii) IC 35-42-2-1(j) IC 35-42-2-1(k) (battery causing
3 serious bodily injury to a child); or
4 (iv) IC 35-42-2-1(k) IC 35-42-2-1(l) (battery resulting in the
5 death of a child).
6 (2) "Office" refers to the office of judicial administration created
7 under IC 33-24-6-1.
8 (3) "Registry" means the child abuse registry established under
9 section 2 of this chapter.
10 SECTION 2. IC 11-12-3.7-6, AS AMENDED BY P.L.78-2022,
11 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 6. As used in this chapter, "violent offense" means
13 one (1) or more of the following offenses:
14 (1) Murder (IC 35-42-1-1).
15 (2) Attempted murder (IC 35-41-5-1).
16 (3) Voluntary manslaughter (IC 35-42-1-3).
17 (4) Involuntary manslaughter (IC 35-42-1-4).
18 (5) Reckless homicide (IC 35-42-1-5).
19 (6) Aggravated battery (IC 35-42-2-1.5).
20 (7) Battery (IC 35-42-2-1) as a:
21 (A) Class A felony, Class B felony, or Class C felony (for a
22 crime committed before July 1, 2014); or
23 (B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4
24 felony, or Level 5 felony (for a crime committed after June 30,
25 2014).
26 (8) Kidnapping (IC 35-42-3-2).
27 (9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8 that
28 is a:
29 (A) Class A felony, Class B felony, or Class C felony (for a
30 crime committed before July 1, 2014); or
31 (B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4
32 felony, or Level 5 felony (for a crime committed after June 30,
33 2014).
34 (10) Sexual misconduct with a minor (IC 35-42-4-9) as a:
35 (A) Class A felony or Class B felony (for a crime committed
36 before July 1, 2014); or
37 (B) Level 1 felony, Level 2 felony, or Level 4 felony (for a
38 crime committed after June 30, 2014).
39 (11) Incest (IC 35-46-1-3).
40 (12) Robbery (IC 35-42-5-1) as a:
41 (A) Class A felony or a Class B felony (for a crime committed
42 before July 1, 2014); or
2025 IN 324—LS 7261/DI 151 3
1 (B) Level 2 felony or Level 3 felony (for a crime committed
2 after June 30, 2014).
3 (13) Burglary (IC 35-43-2-1) as a:
4 (A) Class A felony or a Class B felony (for a crime committed
5 before July 1, 2014); or
6 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
7 felony (for a crime committed after June 30, 2014).
8 (14) Carjacking (IC 35-42-5-2) (repealed).
9 (15) Assisting a criminal (IC 35-44.1-2-5) as a:
10 (A) Class C felony (for a crime committed before July 1,
11 2014); or
12 (B) Level 5 felony (for a crime committed after June 30,
13 2014).
14 (16) Escape (IC 35-44.1-3-4) as a:
15 (A) Class B felony or Class C felony (for a crime committed
16 before July 1, 2014); or
17 (B) Level 4 felony or Level 5 felony (for a crime committed
18 after June 30, 2014).
19 (17) Trafficking with an inmate (IC 35-44.1-3-5) as a:
20 (A) Class C felony (for a crime committed before July 1,
21 2014); or
22 (B) Level 5 felony (for a crime committed after June 30,
23 2014).
24 (18) Causing death or catastrophic injury when operating a
25 vehicle (IC 9-30-5-5).
26 (19) Criminal confinement (IC 35-42-3-3) as a:
27 (A) Class B felony (for a crime committed before July 1,
28 2014); or
29 (B) Level 3 felony (for a crime committed after June 30,
30 2014).
31 (20) Arson (IC 35-43-1-1) as a:
32 (A) Class A or Class B felony (for a crime committed before
33 July 1, 2014); or
34 (B) Level 2, Level 3, or Level 4 felony (for a crime committed
35 after June 30, 2014).
36 (21) Possession, use, or manufacture of a weapon of mass
37 destruction (IC 35-46.5-2-1) (or IC 35-47-12-1 before its repeal).
38 (22) Terroristic mischief (IC 35-46.5-2-3) (or IC 35-47-12-3
39 before its repeal) as a:
40 (A) Class B felony (for a crime committed before July 1,
41 2014); or
42 (B) Level 4 felony (for a crime committed after June 30,
2025 IN 324—LS 7261/DI 151 4
1 2014).
2 (23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
3 (24) A violation of IC 35-47.5 (controlled explosives) as a:
4 (A) Class A or Class B felony (for a crime committed before
5 July 1, 2014); or
6 (B) Level 2 or Level 4 felony (for a crime committed after
7 June 30, 2014).
8 (25) Domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
9 3 felony, or Level 5 felony.
10 (26) Sexual misconduct with a service provider (35-44.1-3-10) as
11 a Level 4 felony.
12 (27) Any other crimes evidencing a propensity or history of
13 violence.
14 SECTION 3. IC 31-19-9-10, AS AMENDED BY P.L.142-2020,
15 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2025]: Sec. 10. A court shall determine that consent to
17 adoption is not required from a parent if:
18 (1) the parent is convicted of and incarcerated at the time of the
19 filing of a petition for adoption for:
20 (A) murder (IC 35-42-1-1);
21 (B) causing suicide (IC 35-42-1-2);
22 (C) voluntary manslaughter (IC 35-42-1-3);
23 (D) rape (IC 35-42-4-1);
24 (E) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
25 (F) child molesting (IC 35-42-4-3) as a:
26 (i) Class A or Class B felony, for a crime committed before
27 July 1, 2014; or
28 (ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime
29 committed after June 30, 2014;
30 (G) incest (IC 35-46-1-3) as a:
31 (i) Class B felony, for a crime committed before July 1,
32 2014; or
33 (ii) Level 4 felony, for a crime committed after June 30,
34 2014;
35 (H) neglect of a dependent (IC 35-46-1-4) as a:
36 (i) Class B felony, for a crime committed before July 1,
37 2014; or
38 (ii) Level 1 or Level 3 felony, for a crime committed after
39 June 30, 2014;
40 (I) battery (IC 35-42-2-1) of a child as a:
41 (i) Class C felony, for a crime committed before July 1,
42 2014; or
2025 IN 324—LS 7261/DI 151 5
1 (ii) Level 5 felony, for a crime committed after June 30,
2 2014;
3 (J) battery (IC 35-42-2-1) as a:
4 (i) Class A or Class B felony, for a crime committed before
5 July 1, 2014; or
6 (ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime
7 committed after June 30, 2014;
8 (K) domestic battery (IC 35-42-2-1.3) as a Level 5, Level 4,
9 Level 3, or Level 2 felony; or
10 (L) aggravated battery (IC 35-42-2-1.5) as a Level 3 Level 2
11 or Level 1 felony;
12 (2) the child or the child's sibling, half-blood sibling, or
13 step-sibling of the parent's current marriage is the victim of the
14 offense; and
15 (3) after notice to the parent and a hearing, the court determines
16 that dispensing with the parent's consent to adoption is in the
17 child's best interests.
18 SECTION 4. IC 35-33-8-3.4 IS ADDED TO THE INDIANA CODE
19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
20 1, 2025]: Sec. 3.4. (a) This section applies only to a violent
21 defendant.
22 (b) As used in this section, a "violent defendant" means a person
23 who is arrested for or charged with the commission of a crime of
24 violence under IC 35-50-1-2(a).
25 (c) A court may not admit a violent defendant to bail until the
26 court has conducted a bail hearing in open court.
27 SECTION 5. IC 35-42-2-1, AS AMENDED BY P.L.148-2024,
28 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 1. (a) As used in this section, "public safety
30 official" means:
31 (1) a law enforcement officer, including an alcoholic beverage
32 enforcement officer;
33 (2) an employee of a penal facility or a juvenile detention facility
34 (as defined in IC 31-9-2-71);
35 (3) an employee of the department of correction;
36 (4) a probation officer;
37 (5) a parole officer;
38 (6) a community corrections worker;
39 (7) a home detention officer;
40 (8) a department of child services employee;
41 (9) a firefighter;
42 (10) an emergency medical services provider;
2025 IN 324—LS 7261/DI 151 6
1 (11) a judicial officer;
2 (12) a bailiff of any court; or
3 (13) a special deputy (as described in IC 36-8-10-10.6).
4 (b) As used in this section, "relative" means an individual related by
5 blood, half-blood, adoption, marriage, or remarriage, including:
6 (1) a spouse;
7 (2) a parent or stepparent;
8 (3) a child or stepchild;
9 (4) a grandchild or stepgrandchild;
10 (5) a grandparent or stepgrandparent;
11 (6) a brother, sister, stepbrother, or stepsister;
12 (7) a niece or nephew;
13 (8) an aunt or uncle;
14 (9) a daughter-in-law or son-in-law;
15 (10) a mother-in-law or father-in-law; or
16 (11) a first cousin.
17 (c) Except as provided in subsections (d) through (k), a person who
18 knowingly or intentionally:
19 (1) touches another person in a rude, insolent, or angry manner;
20 or
21 (2) in a rude, insolent, or angry manner places any bodily fluid or
22 waste on another person;
23 commits battery, a Class B misdemeanor.
24 (d) The offense described in subsection (c)(1) or (c)(2) is a Class A
25 misdemeanor if it:
26 (1) results in bodily injury to any other person; or
27 (2) is committed against a member of a foster family home (as
28 defined in IC 35-31.5-2-139.3) by a person who is not a resident
29 of the foster family home if the person who committed the offense
30 is a relative of a person who lived in the foster family home at the
31 time of the offense.
32 (e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
33 felony if one (1) or more of the following apply:
34 (1) The offense results in moderate bodily injury to any other
35 person.
36 (2) The offense is committed against a public safety official while
37 the official is engaged in the official's official duty, unless the
38 offense is committed by a person detained or committed under
39 IC 12-26.
40 (3) (1) The offense is committed against a person less than
41 fourteen (14) years of age and is committed by a person at least
42 eighteen (18) years of age.
2025 IN 324—LS 7261/DI 151 7
1 (4) (2) The offense is committed against a person of any age who
2 has a mental or physical disability and is committed by a person
3 having the care of the person with the mental or physical
4 disability, whether the care is assumed voluntarily or because of
5 a legal obligation.
6 (5) (3) The offense is committed against an endangered adult (as
7 defined in IC 12-10-3-2).
8 (6) (4) The offense:
9 (A) is committed against a member of a foster family home (as
10 defined in IC 35-31.5-2-139.3) by a person who is not a
11 resident of the foster family home if the person who committed
12 the offense is a relative of a person who lived in the foster
13 family home at the time of the offense; and
14 (B) results in bodily injury to the member of the foster family.
15 (f) The offense described in subsection (c)(2) is a Level 6 felony if
16 the person knew or recklessly failed to know that the bodily fluid or
17 waste placed on another person was infected with hepatitis,
18 tuberculosis, or human immunodeficiency virus.
19 (g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
20 felony if one (1) or more of the following apply:
21 (1) The offense results in serious bodily injury to another person.
22 (1) The offense results in moderate bodily injury to any other
23 person.
24 (2) The offense is committed with a deadly weapon.
25 (3) The offense results in bodily injury to a pregnant woman if the
26 person knew of the pregnancy.
27 (4) The person has a previous conviction for a battery or
28 strangulation offense included in this chapter against the same
29 victim.
30 (5) The offense is committed against a public safety official
31 while the official is engaged in the official's official duty,
32 unless the offense is committed by a person detained or
33 committed under IC 12-26.
34 (5) (6) The offense results in bodily injury to one (1) or more of
35 the following:
36 (A) A public safety official while the official is engaged in the
37 official's official duties, unless the offense is committed by a
38 person detained or committed under IC 12-26.
39 (B) (A) A person less than fourteen (14) years of age if the
40 offense is committed by a person at least eighteen (18) years
41 of age.
42 (C) (B) A person who has a mental or physical disability if the
2025 IN 324—LS 7261/DI 151 8
1 offense is committed by an individual having care of the
2 person with the disability, regardless of whether the care is
3 assumed voluntarily or because of a legal obligation.
4 (D) (C) An endangered adult (as defined in IC 12-10-3-2).
5 (h) The offense described in subsection (c)(2) is a Level 5 felony if:
6 (1) the person knew or recklessly failed to know that the bodily
7 fluid or waste placed on another person was infected with
8 hepatitis, tuberculosis, or human immunodeficiency virus; and
9 (2) the person placed the bodily fluid or waste on a public safety
10 official, unless the offense is committed by a person detained or
11 committed under IC 12-26.
12 (i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
13 felony if one (1) or more of the following apply:
14 (1) The offense results in serious bodily injury to another
15 person. it results in serious bodily injury to an endangered adult
16 (as defined in IC 12-10-3-2).
17 (2) The offense results in bodily injury to a public safety
18 official while the official is engaged in the official's official
19 duties, unless the offense is committed by a person detained or
20 committed under IC 12-26.
21 (j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
22 felony if it results in serious bodily injury to a person less than fourteen
23 (14) years of age if the offense is committed by a person at least
24 eighteen (18) years of age. serious bodily injury to an endangered
25 adult (as defined in IC 12-10-3-2).
26 (k) The offense described in subsection (c)(1) or (c)(2) is a Level
27 2 felony if it results in serious bodily injury to a person less than
28 fourteen (14) years of age if the offense is committed by a person
29 at least eighteen (18) years of age.
30 (k) (l) The offense described in subsection (c)(1) or (c)(2) is a Level
31 2 Level 1 felony if it results in the death of one (1) or more of the
32 following:
33 (1) A person less than fourteen (14) years of age if the offense is
34 committed by a person at least eighteen (18) years of age.
35 (2) An endangered adult (as defined in IC 12-10-3-2).
36 SECTION 6. IC 35-42-2-1.5, AS AMENDED BY P.L.158-2013,
37 SECTION 422, IS AMENDED TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. A person who knowingly or
39 intentionally inflicts injury on a person that creates a substantial risk of
40 death or causes:
41 (1) serious permanent disfigurement;
42 (2) protracted loss or impairment of the function of a bodily
2025 IN 324—LS 7261/DI 151 9
1 member or organ; or
2 (3) the loss of a fetus;
3 commits aggravated battery, a Level 3 Level 2 felony. However, the
4 offense is a Level 1 felony if it results in the death of a child less than
5 fourteen (14) years of age and is committed by a person at least
6 eighteen (18) years of age.
7 SECTION 7. IC 35-47-4-5, AS AMENDED BY THE TECHNICAL
8 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
9 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
10 Sec. 5. (a) As used in this section, "serious violent felon" means a
11 person who has been convicted of committing a serious violent felony.
12 (b) As used in this section, "serious violent felony" means:
13 (1) murder (IC 35-42-1-1);
14 (2) attempted murder (IC 35-41-5-1);
15 (3) voluntary manslaughter (IC 35-42-1-3);
16 (4) reckless homicide not committed by means of a vehicle (IC
17 35-42-1-5);
18 (5) battery (IC 35-42-2-1) as a:
19 (A) Class A felony, Class B felony, or Class C felony, for a
20 crime committed before July 1, 2014; or
21 (B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4
22 felony, or Level 5 felony, for a crime committed after June 30,
23 2014;
24 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
25 3 felony, Level 4 felony, or Level 5 felony;
26 (7) aggravated battery (IC 35-42-2-1.5);
27 (8) strangulation (IC 35-42-2-9);
28 (9) kidnapping (IC 35-42-3-2);
29 (10) criminal confinement (IC 35-42-3-3);
30 (11) a human or sexual trafficking offense under IC 35-42-3.5;
31 (12) rape (IC 35-42-4-1);
32 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
33 (14) child molesting (IC 35-42-4-3);
34 (15) sexual battery (IC 35-42-4-8) as a:
35 (A) Class C felony, for a crime committed before July 1, 2014;
36 or
37 (B) Level 5 felony, for a crime committed after June 30, 2014;
38 (16) robbery (IC 35-42-5-1);
39 (17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
40 (18) arson (IC 35-43-1-1(a)) as a:
41 (A) Class A felony or Class B felony, for a crime committed
42 before July 1, 2014; or
2025 IN 324—LS 7261/DI 151 10
1 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
2 crime committed after June 30, 2014;
3 (19) burglary (IC 35-43-2-1) as a:
4 (A) Class A felony or Class B felony, for a crime committed
5 before July 1, 2014; or
6 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
7 felony, for a crime committed after June 30, 2014;
8 (20) assisting a criminal (IC 35-44.1-2-5) as a:
9 (A) Class C felony, for a crime committed before July 1, 2014;
10 or
11 (B) Level 5 felony, for a crime committed after June 30, 2014;
12 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
13 (A) Class B felony or Class C felony, for a crime committed
14 before July 1, 2014; or
15 (B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
16 crime committed after June 30, 2014;
17 (22) escape (IC 35-44.1-3-4) as a:
18 (A) Class B felony or Class C felony, for a crime committed
19 before July 1, 2014; or
20 (B) Level 4 felony or Level 5 felony, for a crime committed
21 after June 30, 2014;
22 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
23 (A) Class C felony, for a crime committed before July 1, 2014;
24 or
25 (B) Level 5 felony, for a crime committed after June 30, 2014;
26 (24) criminal organization intimidation (IC 35-45-9-4);
27 (25) stalking (IC 35-45-10-5) as a:
28 (A) Class B felony or Class C felony, for a crime committed
29 before July 1, 2014; or
30 (B) Level 4 felony or Level 5 felony, for a crime committed
31 after June 30, 2014;
32 (26) incest (IC 35-46-1-3);
33 (27) dealing in or manufacturing cocaine or a narcotic drug (IC
34 35-48-4-1);
35 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
36 manufacturing methamphetamine (IC 35-48-4-1.2);
37 (29) dealing in a schedule I, II, or III controlled substance (IC
38 35-48-4-2);
39 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
40 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
41 or
42 (32) dealing in a controlled substance resulting in death (IC
2025 IN 324—LS 7261/DI 151 11
1 35-42-1-1.5).
2 (c) A serious violent felon who knowingly or intentionally possesses
3 a firearm commits unlawful possession of a firearm by a serious violent
4 felon, a Level 4 felony.
5 SECTION 8. IC 35-48-4-1, AS AMENDED BY P.L.48-2023,
6 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 1. (a) A person who:
8 (1) knowingly or intentionally:
9 (A) manufactures;
10 (B) finances the manufacture of;
11 (C) delivers; or
12 (D) finances the delivery of;
13 cocaine or a narcotic drug, pure or adulterated, classified in
14 schedule I or II; or
15 (2) possesses, with intent to:
16 (A) manufacture;
17 (B) finance the manufacture of;
18 (C) deliver; or
19 (D) finance the delivery of;
20 cocaine or a narcotic drug, pure or adulterated, classified in
21 schedule I or II;
22 commits dealing in cocaine or a narcotic drug, a Level 5 felony, except
23 as provided in subsections (b) through (e).
24 (b) A person may be convicted of an offense under subsection (a)(2)
25 only if:
26 (1) there is evidence in addition to the weight of the drug that the
27 person intended to manufacture, finance the manufacture of,
28 deliver, or finance the delivery of the drug; or
29 (2) the amount of the drug involved is at least twenty-eight (28)
30 grams.
31 (c) The offense is a Level 4 felony if:
32 (1) the amount of the drug involved is at least one (1) gram but
33 less than five (5) grams;
34 (2) the amount of the drug involved is less than one (1) gram and
35 an enhancing circumstance applies; or
36 (3) the drug is heroin and the amount of heroin involved,
37 aggregated over a period of not more than ninety (90) days, is at
38 least three (3) grams but less than seven (7) grams. or
39 (4) the drug is a fentanyl containing substance and the amount of
40 fentanyl containing substance involved, aggregated over a period
41 of not more than ninety (90) days, is at least one (1) gram but less
42 than three (3) grams.
2025 IN 324—LS 7261/DI 151 12
1 (d) The offense is a Level 3 felony if:
2 (1) the amount of the drug involved is at least five (5) grams but
3 less than ten (10) grams;
4 (2) the amount of the drug involved is at least one (1) gram but
5 less than five (5) grams and an enhancing circumstance applies;
6 (3) the drug is heroin and the amount of heroin involved,
7 aggregated over a period of not more than ninety (90) days, is at
8 least seven (7) grams but less than twelve (12) grams;
9 (4) the drug is heroin and:
10 (A) the amount of heroin involved, aggregated over a period
11 of not more than ninety (90) days, is at least three (3) grams
12 but less than seven (7) grams; and
13 (B) an enhancing circumstance applies; or
14 (5) the drug is a fentanyl containing substance and the amount of
15 fentanyl containing substance involved, aggregated over a period
16 of not more than ninety (90) days, is at least three (3) grams but
17 less than seven (7) grams; or
18 (6) the drug is a fentanyl containing substance and:
19 (A) the amount of fentanyl containing substance involved,
20 aggregated over a period of not more than ninety (90) days, is
21 at least one (1) gram but less than three (3) grams; and
22 (B) an enhancing circumstance applies.
23 (5) the drug is a fentanyl containing substance and the amount
24 of fentanyl containing substance involved, aggregated over a
25 period of not more than ninety (90) days, is at least one (1)
26 gram but less than three (3) grams.
27 (e) The offense is a Level 2 felony if:
28 (1) the amount of the drug involved is at least ten (10) grams;
29 (2) the amount of the drug involved is at least five (5) grams but
30 less than ten (10) grams and an enhancing circumstance applies;
31 (3) the drug is heroin and the amount of heroin involved,
32 aggregated over a period of not more than ninety (90) days, is at
33 least twelve (12) grams;
34 (4) the drug is heroin and:
35 (A) the amount of heroin involved, aggregated over a period
36 of not more than ninety (90) days, is at least seven (7) grams
37 but less than twelve (12) grams; and
38 (B) an enhancing circumstance applies;
39 (5) the drug is a fentanyl containing substance and the amount of
40 fentanyl containing substance involved, aggregated over a period
41 of not more than ninety (90) days, is at least seven (7) grams; or
42 (6) the drug is a fentanyl containing substance and:
2025 IN 324—LS 7261/DI 151 13
1 (A) the amount of fentanyl containing substance involved,
2 aggregated over a period of not more than ninety (90) days, is
3 at least three (3) grams but less than seven (7) grams; and
4 (B) an enhancing circumstance applies.
5 (5) the drug is a fentanyl containing substance and the amount
6 of fentanyl containing substance involved, aggregated over a
7 period of not more than ninety (90) days, is at least three (3)
8 grams but less than seven (7) grams; or
9 (6) the drug is a fentanyl containing substance and:
10 (A) the amount of fentanyl containing substance involved,
11 aggregated over a period of not more than ninety (90)
12 days, is at least one (1) gram but less than three (3) grams;
13 and
14 (B) an enhancing circumstance applies.
15 (f) The offense is a Level 1 felony if:
16 (1) the drug is a fentanyl containing substance and the amount
17 of fentanyl containing substance involved, aggregated over a
18 period of not more than ninety (90) days, is at least seven (7)
19 grams; or
20 (2) the drug is a fentanyl containing substance and:
21 (A) the amount of fentanyl containing substance involved,
22 aggregated over a period of not more than ninety (90)
23 days, is at least three (3) grams but less than seven (7)
24 grams; and
25 (B) an enhancing circumstance applies.
26 SECTION 9. IC 35-48-4-1.1, AS AMENDED BY P.L.252-2017,
27 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 1.1. (a) A person who:
29 (1) knowingly or intentionally:
30 (A) delivers; or
31 (B) finances the delivery of;
32 methamphetamine, pure or adulterated; or
33 (2) possesses, with intent to:
34 (A) deliver; or
35 (B) finance the delivery of;
36 methamphetamine, pure or adulterated;
37 commits dealing in methamphetamine, a Level 5 Level 4 felony, except
38 as provided in subsections (b) through (e).
39 (b) A person may be convicted of an offense under subsection (a)(2)
40 only if:
41 (1) there is evidence in addition to the weight of the drug that the
42 person intended to deliver or finance the delivery of the drug; or
2025 IN 324—LS 7261/DI 151 14
1 (2) the amount of the drug involved is at least twenty-eight (28)
2 grams.
3 (c) The offense is a Level 4 Level 3 felony if:
4 (1) the amount of the drug involved is at least one (1) gram but
5 less than five (5) grams; or
6 (2) the amount of the drug involved is less than one (1) gram and
7 an enhancing circumstance applies.
8 (d) The offense is a Level 3 Level 2 felony if:
9 (1) the amount of the drug involved is at least five (5) grams but
10 less than ten (10) grams; or
11 (2) the amount of the drug involved is at least one (1) gram but
12 less than five (5) grams and an enhancing circumstance applies.
13 (e) The offense is a Level 2 Level 1 felony if:
14 (1) the amount of the drug involved is at least ten (10) grams; or
15 (2) the amount of the drug involved is at least five (5) grams but
16 less than ten (10) grams and an enhancing circumstance applies.
17 SECTION 10. IC 35-48-4-1.2, AS ADDED BY P.L.252-2017,
18 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2025]: Sec. 1.2. (a) A person who knowingly or intentionally
20 manufactures or finances the manufacture of methamphetamine, pure
21 or adulterated, commits manufacturing methamphetamine, a Level 4
22 Level 3 felony, except as provided in subsections (b) and (c).
23 (b) The offense is a Level 3 Level 2 felony if:
24 (1) the amount of the drug involved is at least five (5) grams but
25 less than ten (10) grams; or
26 (2) the amount of the drug involved is at least one (1) gram but
27 less than five (5) grams and an enhancing circumstance applies.
28 (c) The offense is a Level 2 Level 1 felony if:
29 (1) the amount of the drug involved is at least ten (10) grams;
30 (2) the amount of the drug involved is at least five (5) grams but
31 less than ten (10) grams and an enhancing circumstance applies;
32 (3) the manufacture of the drug results in serious bodily injury to
33 a person other than the manufacturer; or
34 (4) the manufacture of the drug results in the death of a person
35 other than the manufacturer.
36 SECTION 11. IC 35-50-1-2, AS AMENDED BY P.L.142-2020,
37 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 2. (a) As used in this section, "crime of violence"
39 means the following:
40 (1) Murder (IC 35-42-1-1).
41 (2) Attempted murder (IC 35-41-5-1).
42 (3) Voluntary manslaughter (IC 35-42-1-3).
2025 IN 324—LS 7261/DI 151 15
1 (4) Involuntary manslaughter (IC 35-42-1-4).
2 (5) Reckless homicide (IC 35-42-1-5).
3 (6) Battery (IC 35-42-2-1) as a:
4 (A) Level 1 felony;
5 (A) (B) Level 2 felony;
6 (B) (C) Level 3 felony;
7 (C) (D) Level 4 felony; or
8 (D) (E) Level 5 felony.
9 (7) Domestic battery (IC 35-42-2-1.3) as a:
10 (A) Level 2 felony;
11 (B) Level 3 felony;
12 (C) Level 4 felony; or
13 (D) Level 5 felony.
14 (8) Aggravated battery (IC 35-42-2-1.5).
15 (9) Kidnapping (IC 35-42-3-2).
16 (10) Rape (IC 35-42-4-1).
17 (11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
18 (12) Child molesting (IC 35-42-4-3).
19 (13) Sexual misconduct with a minor as a Level 1 felony under
20 IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
21 (14) Robbery as a Level 2 felony or a Level 3 felony (IC
22 35-42-5-1).
23 (15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
24 or Level 4 felony (IC 35-43-2-1).
25 (16) Operating a vehicle while intoxicated causing death or
26 catastrophic injury (IC 9-30-5-5).
27 (17) Operating a vehicle while intoxicated causing serious bodily
28 injury to another person (IC 9-30-5-4).
29 (18) Child exploitation as a Level 5 felony under IC 35-42-4-4(b)
30 or a Level 4 felony under IC 35-42-4-4(c).
31 (19) Resisting law enforcement as a felony (IC 35-44.1-3-1).
32 (20) Unlawful possession of a firearm by a serious violent felon
33 (IC 35-47-4-5).
34 (21) Strangulation (IC 35-42-2-9) as a Level 5 felony.
35 (b) As used in this section, "episode of criminal conduct" means
36 offenses or a connected series of offenses that are closely related in
37 time, place, and circumstance.
38 (c) Except as provided in subsection (e) or (f) the court shall
39 determine whether terms of imprisonment shall be served concurrently
40 or consecutively. The court may consider the:
41 (1) aggravating circumstances in IC 35-38-1-7.1(a); and
42 (2) mitigating circumstances in IC 35-38-1-7.1(b);
2025 IN 324—LS 7261/DI 151 16
1 in making a determination under this subsection. The court may order
2 terms of imprisonment to be served consecutively even if the sentences
3 are not imposed at the same time. However, except for crimes of
4 violence, the total of the consecutive terms of imprisonment, exclusive
5 of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10
6 (before its repeal) to which the defendant is sentenced for felony
7 convictions arising out of an episode of criminal conduct shall not
8 exceed the period described in subsection (d).
9 (d) Except as provided in subsection (c), the total of the consecutive
10 terms of imprisonment to which the defendant is sentenced for felony
11 convictions arising out of an episode of criminal conduct may not
12 exceed the following:
13 (1) If the most serious crime for which the defendant is sentenced
14 is a Level 6 felony, the total of the consecutive terms of
15 imprisonment may not exceed four (4) years.
16 (2) If the most serious crime for which the defendant is sentenced
17 is a Level 5 felony, the total of the consecutive terms of
18 imprisonment may not exceed seven (7) years.
19 (3) If the most serious crime for which the defendant is sentenced
20 is a Level 4 felony, the total of the consecutive terms of
21 imprisonment may not exceed fifteen (15) years.
22 (4) If the most serious crime for which the defendant is sentenced
23 is a Level 3 felony, the total of the consecutive terms of
24 imprisonment may not exceed twenty (20) years.
25 (5) If the most serious crime for which the defendant is sentenced
26 is a Level 2 felony, the total of the consecutive terms of
27 imprisonment may not exceed thirty-two (32) years.
28 (6) If the most serious crime for which the defendant is sentenced
29 is a Level 1 felony, the total of the consecutive terms of
30 imprisonment may not exceed forty-two (42) years.
31 (e) If, after being arrested for one (1) crime, a person commits
32 another crime:
33 (1) before the date the person is discharged from probation,
34 parole, or a term of imprisonment imposed for the first crime; or
35 (2) while the person is released:
36 (A) upon the person's own recognizance; or
37 (B) on bond;
38 the terms of imprisonment for the crimes shall be served consecutively,
39 regardless of the order in which the crimes are tried and sentences are
40 imposed.
41 (f) If the factfinder determines under IC 35-50-2-11 that a person
42 used a firearm in the commission of the offense for which the person
2025 IN 324—LS 7261/DI 151 17
1 was convicted, the term of imprisonment for the underlying offense and
2 the additional term of imprisonment imposed under IC 35-50-2-11
3 must be served consecutively.
2025 IN 324—LS 7261/DI 151