*SB0324.3*
Reprinted
February 18, 2025
SENATE BILL No. 324
_____
DIGEST OF SB 324 (Updated February 17, 2025 2:39 pm - DI 106)
Citations Affected: IC 5-2; IC 11-12; IC 31-19; IC 35-33; IC 35-42;
IC 35-44.1; IC 35-47; IC 35-48; IC 35-50.
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. Increases the penalty for resisting law
enforcement and interfering with public safety under certain
circumstances. Requires certain persons charged with a crime of
domestic violence to wear a monitoring device as a condition of bail.
Requires that a bail hearing for a violent arrestee be held in open court,
within 48 hours, and sets minimum bail requirements for the release of
a repeat violent arrestee. Makes conforming changes.
Effective: July 1, 2025.
Freeman, Koch, Carrasco
January 13, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
January 28, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
February 13, 2025, reported favorably — Do Pass.
February 17, 2025, read second time, amended, ordered engrossed.
SB 324—LS 7261/DI 151 Reprinted
February 18, 2025
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
SB 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
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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,
SB 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
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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 arrestee.
21 (b) The following definitions apply throughout this section:
22 (1) "Crime of violence" means an offense:
23 (A) described in IC 35-50-1-2(a); and
24 (B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
25 felony.
26 (2) "Default bail schedule" means the following minimum bail
27 amounts, based on the most serious charged crime:
28 (A) For murder, no bail.
29 (B) For a Class A felony, Level 1 felony, or Level 2 felony,
30 fifty thousand dollars ($50,000).
31 (C) For a Class B felony, Level 3 felony, or Level 4 felony,
32 twenty thousand dollars ($20,000).
33 (D) For a Class C felony or Level 5 felony that is a crime of
34 domestic violence, twenty-five thousand dollars ($25,000).
35 (E) For a Class C felony or Level 5 felony that is not a
36 crime of domestic violence, seven thousand five hundred
37 dollars ($7,500).
38 (F) For a Class D felony or Level 6 felony, five hundred
39 dollars ($500).
40 (3) "Minimum bail amount" means:
41 (A) if:
42 (i) the court has adopted a bail schedule, the bail amount
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1 prescribed for a particular offense in the court's bail
2 schedule; or
3 (ii) the court has not adopted a bail schedule, the default
4 bail schedule; or
5 (B) if the violent arrestee has a prior conviction for a crime
6 of violence, twice the bail amount prescribed for a
7 particular offense in the court's bail schedule or default
8 bail schedule (whichever applies) for a violent arrestee
9 without a prior conviction for a crime of violence;
10 as applicable.
11 (4) "Repeat violent arrestee" means a person arrested for or
12 charged with a crime of violence who has a prior conviction
13 for a crime of violence.
14 (5) "Violent arrestee" means a person arrested for or charged
15 with a crime of violence.
16 (c) A violent arrestee may not be released pursuant to a bail
17 schedule, and may only be released on bail set individually by the
18 court following a hearing held in open court. Except as provided in
19 section 6 of this chapter, the court shall conduct a bail hearing not
20 later than forty-eight (48) hours after the person has been arrested,
21 unless exigent circumstances prevent holding the hearing within
22 forty-eight (48) hours. Before releasing a violent arrestee on bail,
23 the court must review the probable cause affidavit or arrest
24 warrant.
25 (d) A repeat violent arrestee may not be released pursuant to a
26 bail schedule, and may only be released on bail set individually by
27 the court following a hearing held in open court. Except as
28 provided in section 6 of this chapter, the court shall conduct a bail
29 hearing not later than forty-eight (48) hours after the person has
30 been arrested, unless exigent circumstances prevent holding the
31 hearing within forty-eight (48) hours. Before releasing a repeat
32 violent arrestee on bail, the court must review the probable cause
33 affidavit or arrest warrant. If a court releases a repeat violent
34 arrestee on bail, the court must impose bail in an amount that
35 equals or exceeds the minimum bail amount for the repeat violent
36 arrestee's most serious offense.
37 (e) A third party may not pay money bail imposed under this
38 section on behalf of a repeat violent arrestee (even for the portion
39 that exceeds the minimum bail amount) unless the third party is a
40 close relative (as defined in IC 33-23-11-2) of the repeat violent
41 arrestee.
42 SECTION 5. IC 35-33-8-11, AS AMENDED BY P.L.84-2022,
SB 324—LS 7261/DI 151 7
1 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 11. (a) Except as provided in subsection (c), a
3 court may require a person who has been charged with a crime of
4 domestic violence (as described in IC 35-31.5-2-78) to wear a
5 monitoring device as a condition of bail.
6 (b) A court may order a person who is required to wear a monitoring
7 device under subsection (a) to pay any costs associated with the
8 monitoring device.
9 (c) A court shall require a person to wear a monitoring device
10 as a condition of bail if the person:
11 (1) is charged with a crime of domestic violence (as described
12 in IC 35-31.5-2-78);
13 (2) has a prior unrelated conviction for a violent offense (as
14 described in IC 11-12-3.7-6); and
15 (3) has at least one (1) prior conviction for invasion of privacy
16 (as described in IC 35-46-1-15.1).
17 SECTION 6. IC 35-42-2-1, AS AMENDED BY P.L.148-2024,
18 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2025]: Sec. 1. (a) As used in this section, "public safety
20 official" means:
21 (1) a law enforcement officer, including an alcoholic beverage
22 enforcement officer;
23 (2) an employee of a penal facility or a juvenile detention facility
24 (as defined in IC 31-9-2-71);
25 (3) an employee of the department of correction;
26 (4) a probation officer;
27 (5) a parole officer;
28 (6) a community corrections worker;
29 (7) a home detention officer;
30 (8) a department of child services employee;
31 (9) a firefighter;
32 (10) an emergency medical services provider;
33 (11) a judicial officer;
34 (12) a bailiff of any court; or
35 (13) a special deputy (as described in IC 36-8-10-10.6).
36 (b) As used in this section, "relative" means an individual related by
37 blood, half-blood, adoption, marriage, or remarriage, including:
38 (1) a spouse;
39 (2) a parent or stepparent;
40 (3) a child or stepchild;
41 (4) a grandchild or stepgrandchild;
42 (5) a grandparent or stepgrandparent;
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1 (6) a brother, sister, stepbrother, or stepsister;
2 (7) a niece or nephew;
3 (8) an aunt or uncle;
4 (9) a daughter-in-law or son-in-law;
5 (10) a mother-in-law or father-in-law; or
6 (11) a first cousin.
7 (c) Except as provided in subsections (d) through (k), a person who
8 knowingly or intentionally:
9 (1) touches another person in a rude, insolent, or angry manner;
10 or
11 (2) in a rude, insolent, or angry manner places any bodily fluid or
12 waste on another person;
13 commits battery, a Class B misdemeanor.
14 (d) The offense described in subsection (c)(1) or (c)(2) is a Class A
15 misdemeanor if it:
16 (1) results in bodily injury to any other person; or
17 (2) is committed against a member of a foster family home (as
18 defined in IC 35-31.5-2-139.3) by a person who is not a resident
19 of the foster family home if the person who committed the offense
20 is a relative of a person who lived in the foster family home at the
21 time of the offense.
22 (e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
23 felony if one (1) or more of the following apply:
24 (1) The offense results in moderate bodily injury to any other
25 person.
26 (2) The offense is committed against a public safety official while
27 the official is engaged in the official's official duty, unless the
28 offense is committed by a person detained or committed under
29 IC 12-26.
30 (3) (1) The offense is committed against a person less than
31 fourteen (14) years of age and is committed by a person at least
32 eighteen (18) years of age.
33 (4) (2) The offense is committed against a person of any age who
34 has a mental or physical disability and is committed by a person
35 having the care of the person with the mental or physical
36 disability, whether the care is assumed voluntarily or because of
37 a legal obligation.
38 (5) (3) The offense is committed against an endangered adult (as
39 defined in IC 12-10-3-2).
40 (6) (4) The offense:
41 (A) is committed against a member of a foster family home (as
42 defined in IC 35-31.5-2-139.3) by a person who is not a
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1 resident of the foster family home if the person who committed
2 the offense is a relative of a person who lived in the foster
3 family home at the time of the offense; and
4 (B) results in bodily injury to the member of the foster family.
5 (f) The offense described in subsection (c)(2) is a Level 6 felony if
6 the person knew or recklessly failed to know that the bodily fluid or
7 waste placed on another person was infected with hepatitis,
8 tuberculosis, or human immunodeficiency virus.
9 (g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
10 felony if one (1) or more of the following apply:
11 (1) The offense results in serious bodily injury to another person.
12 (1) The offense results in moderate bodily injury to any other
13 person.
14 (2) The offense is committed with a deadly weapon.
15 (3) The offense results in bodily injury to a pregnant woman if the
16 person knew of the pregnancy.
17 (4) The person has a previous conviction for a battery or
18 strangulation offense included in this chapter against the same
19 victim.
20 (5) The offense is committed against a public safety official
21 while the official is engaged in the official's official duty,
22 unless the offense is committed by a person detained or
23 committed under IC 12-26.
24 (5) (6) The offense results in bodily injury to one (1) or more of
25 the following:
26 (A) A public safety official while the official is engaged in the
27 official's official duties, unless the offense is committed by a
28 person detained or committed under IC 12-26.
29 (B) (A) A person less than fourteen (14) years of age if the
30 offense is committed by a person at least eighteen (18) years
31 of age.
32 (C) (B) A person who has a mental or physical disability if the
33 offense is committed by an individual having care of the
34 person with the disability, regardless of whether the care is
35 assumed voluntarily or because of a legal obligation.
36 (D) (C) An endangered adult (as defined in IC 12-10-3-2).
37 (h) The offense described in subsection (c)(2) is a Level 5 felony if:
38 (1) the person knew or recklessly failed to know that the bodily
39 fluid or waste placed on another person was infected with
40 hepatitis, tuberculosis, or human immunodeficiency virus; and
41 (2) the person placed the bodily fluid or waste on a public safety
42 official, unless the offense is committed by a person detained or
SB 324—LS 7261/DI 151 10
1 committed under IC 12-26.
2 (i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
3 felony if one (1) or more of the following apply:
4 (1) The offense results in serious bodily injury to another
5 person. it results in serious bodily injury to an endangered adult
6 (as defined in IC 12-10-3-2).
7 (2) The offense results in bodily injury to a public safety
8 official while the official is engaged in the official's official
9 duties, unless the offense is committed by a person detained or
10 committed under IC 12-26.
11 (j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
12 felony if it results in serious bodily injury to a person less than fourteen
13 (14) years of age if the offense is committed by a person at least
14 eighteen (18) years of age. serious bodily injury to an endangered
15 adult (as defined in IC 12-10-3-2).
16 (k) The offense described in subsection (c)(1) or (c)(2) is a Level
17 2 felony if it results in serious bodily injury to a person less than
18 fourteen (14) years of age if the offense is committed by a person
19 at least eighteen (18) years of age.
20 (k) (l) The offense described in subsection (c)(1) or (c)(2) is a Level
21 2 Level 1 felony if it results in the death of one (1) or more of the
22 following:
23 (1) A person less than fourteen (14) years of age if the offense is
24 committed by a person at least eighteen (18) years of age.
25 (2) An endangered adult (as defined in IC 12-10-3-2).
26 SECTION 7. IC 35-42-2-1.5, AS AMENDED BY P.L.158-2013,
27 SECTION 422, IS AMENDED TO READ AS FOLLOWS
28 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. A person who knowingly or
29 intentionally inflicts injury on a person that creates a substantial risk of
30 death or causes:
31 (1) serious permanent disfigurement;
32 (2) protracted loss or impairment of the function of a bodily
33 member or organ; or
34 (3) the loss of a fetus;
35 commits aggravated battery, a Level 3 Level 2 felony. However, the
36 offense is a Level 1 felony if it results in the death of a child less than
37 fourteen (14) years of age and is committed by a person at least
38 eighteen (18) years of age.
39 SECTION 8. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
40 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
42 (1) forcibly resists, obstructs, or interferes with a law enforcement
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1 officer or a person assisting the officer while the officer is
2 lawfully engaged in the execution of the officer's duties;
3 (2) forcibly resists, obstructs, or interferes with the authorized
4 service or execution of a civil or criminal process or order of a
5 court; or
6 (3) flees from a law enforcement officer after the officer has, by
7 visible or audible means, including operation of the law
8 enforcement officer's siren or emergency lights, identified himself
9 or herself and ordered the person to stop;
10 commits resisting law enforcement, a Class A misdemeanor, except as
11 provided in subsection (c).
12 (b) A person who, having been denied entry by a firefighter, an
13 emergency medical services provider, or a law enforcement officer,
14 knowingly or intentionally enters an area that is marked off with barrier
15 tape or other physical barriers, commits interfering with public safety,
16 a Class B misdemeanor, except as provided in subsection (c) or (k).
17 (c) The offense under subsection (a) or (b) is a:
18 (1) Level 6 Level 5 felony if:
19 (A) the person uses a vehicle to commit the offense; or
20 (B) while committing the offense, the person:
21 (i) draws or uses a deadly weapon;
22 (ii) inflicts bodily injury on or otherwise causes bodily injury
23 to another person; or
24 (iii) operates a vehicle in a manner that creates a substantial
25 risk of bodily injury to another person;
26 (2) Level 5 Level 4 felony if:
27 (A) while committing the offense, the person operates a
28 vehicle in a manner that causes serious bodily injury to another
29 person; or
30 (B) the person uses a vehicle to commit the offense and the
31 person has a prior unrelated conviction under this section
32 involving the use of a vehicle in the commission of the
33 offense;
34 (3) Level 3 felony if, while committing the offense, the person
35 operates a vehicle in a manner that causes the death or
36 catastrophic injury of another person; and
37 (4) Level 2 felony if, while committing any offense described in
38 subsection (a), the person operates a vehicle in a manner that
39 causes the death or catastrophic injury of a firefighter, an
40 emergency medical services provider, or a law enforcement
41 officer while the firefighter, emergency medical services provider,
42 or law enforcement officer is engaged in the firefighter's,
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1 emergency medical services provider's, or officer's official duties.
2 (d) The offense under subsection (a) is a Level 6 felony if, while
3 committing an offense under:
4 (1) subsection (a)(1) or (a)(2), the person:
5 (A) creates a substantial risk of bodily injury to the person or
6 another person; and
7 (B) has two (2) or more prior unrelated convictions under
8 subsection (a); or
9 (2) subsection (a)(3), the person has two (2) or more prior
10 unrelated convictions under subsection (a).
11 (e) If a person uses a vehicle to commit a felony offense under
12 subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
13 penalty imposed for the offense, the court shall impose a minimum
14 executed sentence of at least:
15 (1) thirty (30) days, if the person does not have a prior unrelated
16 conviction under this section;
17 (2) one hundred eighty (180) days, if the person has one (1) prior
18 unrelated conviction under this section; or
19 (3) one (1) year, if the person has two (2) or more prior unrelated
20 convictions under this section.
21 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
22 minimum sentence imposed under subsection (e) may not be
23 suspended.
24 (g) If a person is convicted of an offense involving the use of a
25 motor vehicle under:
26 (1) subsection (c)(1)(A), if the person exceeded the speed limit by
27 at least twenty (20) miles per hour while committing the offense;
28 (2) subsection (c)(2); or
29 (3) subsection (c)(3);
30 the court may notify the bureau of motor vehicles to suspend or revoke
31 the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
32 period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
33 court shall inform the bureau whether the person has been sentenced
34 to a term of incarceration. At the time of conviction, the court may
35 obtain the person's current driver's license and return the license to the
36 bureau of motor vehicles.
37 (h) A person may not be charged or convicted of a crime under
38 subsection (a)(3) if the law enforcement officer is a school resource
39 officer acting in the officer's capacity as a school resource officer.
40 (i) A person who commits an offense described in subsection (c)
41 commits a separate offense for each person whose bodily injury,
42 serious bodily injury, catastrophic injury, or death is caused by a
SB 324—LS 7261/DI 151 13
1 violation of subsection (c).
2 (j) A court may order terms of imprisonment imposed on a person
3 convicted of more than one (1) offense described in subsection (c) to
4 run consecutively. Consecutive terms of imprisonment imposed under
5 this subsection are not subject to the sentencing restrictions set forth in
6 IC 35-50-1-2(c) through IC 35-50-1-2(d).
7 (k) As used in this subsection, "family member" means a child,
8 grandchild, parent, grandparent, or spouse of the person. It is a defense
9 to a prosecution under subsection (b) that the person reasonably
10 believed that the person's family member:
11 (1) was in the marked off area; and
12 (2) had suffered bodily injury or was at risk of suffering bodily
13 injury;
14 if the person is not charged as a defendant in connection with the
15 offense, if applicable, that caused the area to be secured by barrier tape
16 or other physical barriers.
17 SECTION 9. IC 35-47-4-5, AS AMENDED BY THE TECHNICAL
18 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
19 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
20 Sec. 5. (a) As used in this section, "serious violent felon" means a
21 person who has been convicted of committing a serious violent felony.
22 (b) As used in this section, "serious violent felony" means:
23 (1) murder (IC 35-42-1-1);
24 (2) attempted murder (IC 35-41-5-1);
25 (3) voluntary manslaughter (IC 35-42-1-3);
26 (4) reckless homicide not committed by means of a vehicle
27 (IC 35-42-1-5);
28 (5) battery (IC 35-42-2-1) as 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 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
35 3 felony, Level 4 felony, or Level 5 felony;
36 (7) aggravated battery (IC 35-42-2-1.5);
37 (8) strangulation (IC 35-42-2-9);
38 (9) kidnapping (IC 35-42-3-2);
39 (10) criminal confinement (IC 35-42-3-3);
40 (11) a human or sexual trafficking offense under IC 35-42-3.5;
41 (12) rape (IC 35-42-4-1);
42 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
SB 324—LS 7261/DI 151 14
1 (14) child molesting (IC 35-42-4-3);
2 (15) sexual battery (IC 35-42-4-8) as a:
3 (A) Class C felony, for a crime committed before July 1, 2014;
4 or
5 (B) Level 5 felony, for a crime committed after June 30, 2014;
6 (16) robbery (IC 35-42-5-1);
7 (17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
8 (18) arson (IC 35-43-1-1(a)) as a:
9 (A) Class A felony or Class B felony, for a crime committed
10 before July 1, 2014; or
11 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
12 crime committed after June 30, 2014;
13 (19) burglary (IC 35-43-2-1) as a:
14 (A) Class A felony or Class B felony, for a crime committed
15 before July 1, 2014; or
16 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
17 felony, for a crime committed after June 30, 2014;
18 (20) assisting a criminal (IC 35-44.1-2-5) as a:
19 (A) Class C felony, for a crime committed before July 1, 2014;
20 or
21 (B) Level 5 felony, for a crime committed after June 30, 2014;
22 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
23 (A) Class B felony or Class C felony, for a crime committed
24 before July 1, 2014; or
25 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
26 felony, for a crime committed after June 30, 2014;
27 (22) escape (IC 35-44.1-3-4) 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 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
33 (A) Class C felony, for a crime committed before July 1, 2014;
34 or
35 (B) Level 5 felony, for a crime committed after June 30, 2014;
36 (24) criminal organization intimidation (IC 35-45-9-4);
37 (25) stalking (IC 35-45-10-5) as a:
38 (A) Class B felony or Class C felony, for a crime committed
39 before July 1, 2014; or
40 (B) Level 4 felony or Level 5 felony, for a crime committed
41 after June 30, 2014;
42 (26) incest (IC 35-46-1-3);
SB 324—LS 7261/DI 151 15
1 (27) dealing in or manufacturing cocaine or a narcotic drug
2 (IC 35-48-4-1);
3 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
4 manufacturing methamphetamine (IC 35-48-4-1.2);
5 (29) dealing in a schedule I, II, or III controlled substance
6 (IC 35-48-4-2);
7 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
8 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
9 or
10 (32) dealing in a controlled substance resulting in death
11 (IC 35-42-1-1.5).
12 (c) A serious violent felon who knowingly or intentionally possesses
13 a firearm commits unlawful possession of a firearm by a serious violent
14 felon, a Level 4 felony.
15 SECTION 10. IC 35-48-4-1, AS AMENDED BY P.L.48-2023,
16 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 1. (a) A person who:
18 (1) knowingly or intentionally:
19 (A) manufactures;
20 (B) finances the manufacture of;
21 (C) delivers; or
22 (D) finances the delivery of;
23 cocaine or a narcotic drug, pure or adulterated, classified in
24 schedule I or II; or
25 (2) possesses, with intent to:
26 (A) manufacture;
27 (B) finance the manufacture of;
28 (C) deliver; or
29 (D) finance the delivery of;
30 cocaine or a narcotic drug, pure or adulterated, classified in
31 schedule I or II;
32 commits dealing in cocaine or a narcotic drug, a Level 5 felony, except
33 as provided in subsections (b) through (e).
34 (b) A person may be convicted of an offense under subsection (a)(2)
35 only if:
36 (1) there is evidence in addition to the weight of the drug that the
37 person intended to manufacture, finance the manufacture of,
38 deliver, or finance the delivery of the drug; or
39 (2) the amount of the drug involved is at least twenty-eight (28)
40 grams.
41 (c) The offense is a Level 4 felony if:
42 (1) the amount of the drug involved is at least one (1) gram but
SB 324—LS 7261/DI 151 16
1 less than five (5) grams;
2 (2) the amount of the drug involved is less than one (1) gram and
3 an enhancing circumstance applies; or
4 (3) the drug is heroin and the amount of heroin involved,
5 aggregated over a period of not more than ninety (90) days, is at
6 least three (3) grams but less than seven (7) grams. or
7 (4) the drug is a fentanyl containing substance and the amount of
8 fentanyl containing substance involved, aggregated over a period
9 of not more than ninety (90) days, is at least one (1) gram but less
10 than three (3) grams.
11 (d) The offense is a Level 3 felony if:
12 (1) the amount of the drug involved is at least five (5) grams but
13 less than ten (10) grams;
14 (2) the amount of the drug involved is at least one (1) gram but
15 less than five (5) grams and an enhancing circumstance applies;
16 (3) the drug is heroin and the amount of heroin involved,
17 aggregated over a period of not more than ninety (90) days, is at
18 least seven (7) grams but less than twelve (12) grams;
19 (4) the drug is heroin and:
20 (A) the amount of heroin involved, aggregated over a period
21 of not more than ninety (90) days, is at least three (3) grams
22 but less than seven (7) grams; and
23 (B) an enhancing circumstance applies; or
24 (5) the drug is a fentanyl containing substance and the amount of
25 fentanyl containing substance involved, aggregated over a period
26 of not more than ninety (90) days, is at least three (3) grams but
27 less than seven (7) grams; or
28 (6) the drug is a fentanyl containing substance and:
29 (A) the amount of fentanyl containing substance involved,
30 aggregated over a period of not more than ninety (90) days, is
31 at least one (1) gram but less than three (3) grams; and
32 (B) an enhancing circumstance applies.
33 (5) the drug is a fentanyl containing substance and the amount
34 of fentanyl containing substance involved, aggregated over a
35 period of not more than ninety (90) days, is at least one (1)
36 gram but less than three (3) grams.
37 (e) The offense is a Level 2 felony if:
38 (1) the amount of the drug involved is at least ten (10) grams;
39 (2) the amount of the drug involved is at least five (5) grams but
40 less than ten (10) grams and an enhancing circumstance applies;
41 (3) the drug is heroin and the amount of heroin involved,
42 aggregated over a period of not more than ninety (90) days, is at
SB 324—LS 7261/DI 151 17
1 least twelve (12) grams;
2 (4) the drug is heroin and:
3 (A) the amount of heroin involved, aggregated over a period
4 of not more than ninety (90) days, is at least seven (7) grams
5 but less than twelve (12) grams; and
6 (B) an enhancing circumstance applies;
7 (5) the drug is a fentanyl containing substance and the amount of
8 fentanyl containing substance involved, aggregated over a period
9 of not more than ninety (90) days, is at least seven (7) grams; or
10 (6) the drug is a fentanyl containing substance and:
11 (A) the amount of fentanyl containing substance involved,
12 aggregated over a period of not more than ninety (90) days, is
13 at least three (3) grams but less than seven (7) grams; and
14 (B) an enhancing circumstance applies.
15 (5) the drug is a fentanyl containing substance and the amount
16 of fentanyl containing substance involved, aggregated over a
17 period of not more than ninety (90) days, is at least three (3)
18 grams but less than seven (7) grams; or
19 (6) the drug is a fentanyl containing substance and:
20 (A) the amount of fentanyl containing substance involved,
21 aggregated over a period of not more than ninety (90)
22 days, is at least one (1) gram but less than three (3) grams;
23 and
24 (B) an enhancing circumstance applies.
25 (f) The offense is a Level 1 felony if:
26 (1) the drug is a fentanyl containing substance and the amount
27 of fentanyl containing substance involved, aggregated over a
28 period of not more than ninety (90) days, is at least seven (7)
29 grams; or
30 (2) the drug is a fentanyl containing substance and:
31 (A) the amount of fentanyl containing substance involved,
32 aggregated over a period of not more than ninety (90)
33 days, is at least three (3) grams but less than seven (7)
34 grams; and
35 (B) an enhancing circumstance applies.
36 SECTION 11. IC 35-48-4-1.1, AS AMENDED BY P.L.252-2017,
37 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 1.1. (a) A person who:
39 (1) knowingly or intentionally:
40 (A) delivers; or
41 (B) finances the delivery of;
42 methamphetamine, pure or adulterated; or
SB 324—LS 7261/DI 151 18
1 (2) possesses, with intent to:
2 (A) deliver; or
3 (B) finance the delivery of;
4 methamphetamine, pure or adulterated;
5 commits dealing in methamphetamine, a Level 5 Level 4 felony, except
6 as provided in subsections (b) through (e).
7 (b) A person may be convicted of an offense under subsection (a)(2)
8 only if:
9 (1) there is evidence in addition to the weight of the drug that the
10 person intended to deliver or finance the delivery of the drug; or
11 (2) the amount of the drug involved is at least twenty-eight (28)
12 grams.
13 (c) The offense is a Level 4 Level 3 felony if:
14 (1) the amount of the drug involved is at least one (1) gram but
15 less than five (5) grams; or
16 (2) the amount of the drug involved is less than one (1) gram and
17 an enhancing circumstance applies.
18 (d) The offense is a Level 3 Level 2 felony if:
19 (1) the amount of the drug involved is at least five (5) grams but
20 less than ten (10) grams; or
21 (2) the amount of the drug involved is at least one (1) gram but
22 less than five (5) grams and an enhancing circumstance applies.
23 (e) The offense is a Level 2 Level 1 felony if:
24 (1) the amount of the drug involved is at least ten (10) grams; or
25 (2) the amount of the drug involved is at least five (5) grams but
26 less than ten (10) grams and an enhancing circumstance applies.
27 SECTION 12. IC 35-48-4-1.2, AS ADDED BY P.L.252-2017,
28 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 1.2. (a) A person who knowingly or intentionally
30 manufactures or finances the manufacture of methamphetamine, pure
31 or adulterated, commits manufacturing methamphetamine, a Level 4
32 Level 3 felony, except as provided in subsections (b) and (c).
33 (b) The offense is a Level 3 Level 2 felony if:
34 (1) the amount of the drug involved is at least five (5) grams but
35 less than ten (10) grams; or
36 (2) the amount of the drug involved is at least one (1) gram but
37 less than five (5) grams and an enhancing circumstance applies.
38 (c) The offense is a Level 2 Level 1 felony if:
39 (1) the amount of the drug involved is at least ten (10) grams;
40 (2) the amount of the drug involved is at least five (5) grams but
41 less than ten (10) grams and an enhancing circumstance applies;
42 (3) the manufacture of the drug results in serious bodily injury to
SB 324—LS 7261/DI 151 19
1 a person other than the manufacturer; or
2 (4) the manufacture of the drug results in the death of a person
3 other than the manufacturer.
4 SECTION 13. IC 35-50-1-2, AS AMENDED BY P.L.142-2020,
5 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 2. (a) As used in this section, "crime of violence"
7 means the following:
8 (1) Murder (IC 35-42-1-1).
9 (2) Attempted murder (IC 35-41-5-1).
10 (3) Voluntary manslaughter (IC 35-42-1-3).
11 (4) Involuntary manslaughter (IC 35-42-1-4).
12 (5) Reckless homicide (IC 35-42-1-5).
13 (6) Battery (IC 35-42-2-1) as a:
14 (A) Level 1 felony;
15 (A) (B) Level 2 felony;
16 (B) (C) Level 3 felony;
17 (C) (D) Level 4 felony; or
18 (D) (E) Level 5 felony.
19 (7) Domestic battery (IC 35-42-2-1.3) as a:
20 (A) Level 2 felony;
21 (B) Level 3 felony;
22 (C) Level 4 felony; or
23 (D) Level 5 felony.
24 (8) Aggravated battery (IC 35-42-2-1.5).
25 (9) Kidnapping (IC 35-42-3-2).
26 (10) Rape (IC 35-42-4-1).
27 (11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
28 (12) Child molesting (IC 35-42-4-3).
29 (13) Sexual misconduct with a minor as a Level 1 felony under
30 IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
31 (14) Robbery as a Level 2 felony or a Level 3 felony
32 (IC 35-42-5-1).
33 (15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
34 or Level 4 felony (IC 35-43-2-1).
35 (16) Operating a vehicle while intoxicated causing death or
36 catastrophic injury (IC 9-30-5-5).
37 (17) Operating a vehicle while intoxicated causing serious bodily
38 injury to another person (IC 9-30-5-4).
39 (18) Child exploitation as a Level 5 felony under IC 35-42-4-4(b)
40 or a Level 4 felony under IC 35-42-4-4(c).
41 (19) Resisting law enforcement as a felony (IC 35-44.1-3-1).
42 (20) Unlawful possession of a firearm by a serious violent felon
SB 324—LS 7261/DI 151 20
1 (IC 35-47-4-5).
2 (21) Strangulation (IC 35-42-2-9) as a Level 5 felony.
3 (b) As used in this section, "episode of criminal conduct" means
4 offenses or a connected series of offenses that are closely related in
5 time, place, and circumstance.
6 (c) Except as provided in subsection (e) or (f) the court shall
7 determine whether terms of imprisonment shall be served concurrently
8 or consecutively. The court may consider the:
9 (1) aggravating circumstances in IC 35-38-1-7.1(a); and
10 (2) mitigating circumstances in IC 35-38-1-7.1(b);
11 in making a determination under this subsection. The court may order
12 terms of imprisonment to be served consecutively even if the sentences
13 are not imposed at the same time. However, except for crimes of
14 violence, the total of the consecutive terms of imprisonment, exclusive
15 of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10
16 (before its repeal) to which the defendant is sentenced for felony
17 convictions arising out of an episode of criminal conduct shall not
18 exceed the period described in subsection (d).
19 (d) Except as provided in subsection (c), the total of the consecutive
20 terms of imprisonment to which the defendant is sentenced for felony
21 convictions arising out of an episode of criminal conduct may not
22 exceed the following:
23 (1) If the most serious crime for which the defendant is sentenced
24 is a Level 6 felony, the total of the consecutive terms of
25 imprisonment may not exceed four (4) years.
26 (2) If the most serious crime for which the defendant is sentenced
27 is a Level 5 felony, the total of the consecutive terms of
28 imprisonment may not exceed seven (7) years.
29 (3) If the most serious crime for which the defendant is sentenced
30 is a Level 4 felony, the total of the consecutive terms of
31 imprisonment may not exceed fifteen (15) years.
32 (4) If the most serious crime for which the defendant is sentenced
33 is a Level 3 felony, the total of the consecutive terms of
34 imprisonment may not exceed twenty (20) years.
35 (5) If the most serious crime for which the defendant is sentenced
36 is a Level 2 felony, the total of the consecutive terms of
37 imprisonment may not exceed thirty-two (32) years.
38 (6) If the most serious crime for which the defendant is sentenced
39 is a Level 1 felony, the total of the consecutive terms of
40 imprisonment may not exceed forty-two (42) years.
41 (e) If, after being arrested for one (1) crime, a person commits
42 another crime:
SB 324—LS 7261/DI 151 21
1 (1) before the date the person is discharged from probation,
2 parole, or a term of imprisonment imposed for the first crime; or
3 (2) while the person is released:
4 (A) upon the person's own recognizance; or
5 (B) on bond;
6 the terms of imprisonment for the crimes shall be served consecutively,
7 regardless of the order in which the crimes are tried and sentences are
8 imposed.
9 (f) If the factfinder determines under IC 35-50-2-11 that a person
10 used a firearm in the commission of the offense for which the person
11 was convicted, the term of imprisonment for the underlying offense and
12 the additional term of imprisonment imposed under IC 35-50-2-11
13 must be served consecutively.
SB 324—LS 7261/DI 151 22
COMMITTEE REPORT
Mr. President: The Senate Committee on Corrections and Criminal
Law, to which was referred Senate Bill No. 324, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 5, delete lines 18 through 26, begin a new paragraph and
insert:
"SECTION 4. IC 35-33-8-3.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3.4. (a) This section applies only
to a violent arrestee.
(b) The following definitions apply throughout this section:
(1) "Crime of violence" means an offense:
(A) described in IC 35-50-1-2(a); and
(B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
felony.
(2) "Default bail schedule" means the following minimum bail
amounts, based on the most serious charged crime:
(A) For murder, no bail.
(B) For a Class A felony, Level 1 felony, or Level 2 felony,
fifty thousand dollars ($50,000).
(C) For a Class B felony, Level 3 felony, or Level 4 felony,
twenty thousand dollars ($20,000).
(D) For a Class C felony or Level 5 felony that is a crime of
domestic violence, twenty-five thousand dollars ($25,000).
(E) For a Class C felony or Level 5 felony that is not a
crime of domestic violence, seven thousand five hundred
dollars ($7,500).
(F) For a Class D felony or Level 6 felony, five hundred
dollars ($500).
(3) "Minimum bail amount" means:
(A) if:
(i) the court has adopted a bail schedule, the bail amount
prescribed for a particular offense in the court's bail
schedule; or
(ii) the court has not adopted a bail schedule, the default
bail schedule; or
(B) if the violent arrestee has a prior conviction for a crime
of violence, twice the bail amount prescribed for a
particular offense in the court's bail schedule or default
bail schedule (whichever applies) for a violent arrestee
SB 324—LS 7261/DI 151 23
without a prior conviction for a crime of violence;
as applicable.
(4) "Repeat violent arrestee" means a person arrested for or
charged with a crime of violence who has a prior conviction
for a crime of violence.
(5) "Violent arrestee" means a person arrested for or charged
with a crime of violence.
(c) A violent arrestee may not be released pursuant to a bail
schedule, and may only be released on bail set individually by the
court following a hearing held in open court. Except as provided in
section 6 of this chapter, the court shall conduct a bail hearing not
later than forty-eight (48) hours after the person has been arrested,
unless exigent circumstances prevent holding the hearing within
forty-eight (48) hours. Before releasing a violent arrestee on bail,
the court must review the probable cause affidavit or arrest
warrant.
(d) A repeat violent arrestee may not be released pursuant to a
bail schedule, and may only be released on bail set individually by
the court following a hearing held in open court. Except as
provided in section 6 of this chapter, the court shall conduct a bail
hearing not later than forty-eight (48) hours after the person has
been arrested, unless exigent circumstances prevent holding the
hearing within forty-eight (48) hours. Before releasing a repeat
violent arrestee on bail, the court must review the probable cause
affidavit or arrest warrant. If a court releases a repeat violent
arrestee on bail, the court must impose bail in an amount that
equals or exceeds the minimum bail amount for the repeat violent
arrestee's most serious offense.
(e) A third party may not pay money bail imposed under this
section on behalf of a repeat violent arrestee (even for the portion
that exceeds the minimum bail amount) unless the third party is a
close relative (as defined in IC 33-23-11-2) of the repeat violent
arrestee.".
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to SB 324 as introduced.)
FREEMAN, Chairperson
Committee Vote: Yeas 8, Nays 1.
SB 324—LS 7261/DI 151 24
COMMITTEE REPORT
Mr. President: The Senate Committee on Appropriations, to which
was referred Senate Bill No. 324, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill DO PASS.
(Reference is to SB 324 as printed January 29, 2025.)
MISHLER, Chairperson
Committee Vote: Yeas 10, Nays 3
_____
SENATE MOTION
Mr. President: I move that Senate Bill 324 be amended to read as
follows:
Page 10, between lines 21 and 22, begin a new paragraph and insert:
"SECTION 7. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law enforcement
officer or a person assisting the officer while the officer is
lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the authorized
service or execution of a civil or criminal process or order of a
court; or
(3) flees from a law enforcement officer after the officer has, by
visible or audible means, including operation of the law
enforcement officer's siren or emergency lights, identified himself
or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except as
provided in subsection (c).
(b) A person who, having been denied entry by a firefighter, an
emergency medical services provider, or a law enforcement officer,
knowingly or intentionally enters an area that is marked off with barrier
tape or other physical barriers, commits interfering with public safety,
a Class B misdemeanor, except as provided in subsection (c) or (k).
(c) The offense under subsection (a) or (b) is a:
(1) Level 6 Level 5 felony if:
(A) the person uses a vehicle to commit the offense; or
(B) while committing the offense, the person:
SB 324—LS 7261/DI 151 25
(i) draws or uses a deadly weapon;
(ii) inflicts bodily injury on or otherwise causes bodily injury
to another person; or
(iii) operates a vehicle in a manner that creates a substantial
risk of bodily injury to another person;
(2) Level 5 Level 4 felony if:
(A) while committing the offense, the person operates a
vehicle in a manner that causes serious bodily injury to another
person; or
(B) the person uses a vehicle to commit the offense and the
person has a prior unrelated conviction under this section
involving the use of a vehicle in the commission of the
offense;
(3) Level 3 felony if, while committing the offense, the person
operates a vehicle in a manner that causes the death or
catastrophic injury of another person; and
(4) Level 2 felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death or catastrophic injury of a firefighter, an
emergency medical services provider, or a law enforcement
officer while the firefighter, emergency medical services provider,
or law enforcement officer is engaged in the firefighter's,
emergency medical services provider's, or officer's official duties.
(d) The offense under subsection (a) is a Level 6 felony if, while
committing an offense under:
(1) subsection (a)(1) or (a)(2), the person:
(A) creates a substantial risk of bodily injury to the person or
another person; and
(B) has two (2) or more prior unrelated convictions under
subsection (a); or
(2) subsection (a)(3), the person has two (2) or more prior
unrelated convictions under subsection (a).
(e) If a person uses a vehicle to commit a felony offense under
subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
penalty imposed for the offense, the court shall impose a minimum
executed sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1) prior
unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior unrelated
convictions under this section.
SB 324—LS 7261/DI 151 26
(f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
minimum sentence imposed under subsection (e) may not be
suspended.
(g) If a person is convicted of an offense involving the use of a
motor vehicle under:
(1) subsection (c)(1)(A), if the person exceeded the speed limit by
at least twenty (20) miles per hour while committing the offense;
(2) subsection (c)(2); or
(3) subsection (c)(3);
the court may notify the bureau of motor vehicles to suspend or revoke
the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
court shall inform the bureau whether the person has been sentenced
to a term of incarceration. At the time of conviction, the court may
obtain the person's current driver's license and return the license to the
bureau of motor vehicles.
(h) A person may not be charged or convicted of a crime under
subsection (a)(3) if the law enforcement officer is a school resource
officer acting in the officer's capacity as a school resource officer.
(i) A person who commits an offense described in subsection (c)
commits a separate offense for each person whose bodily injury,
serious bodily injury, catastrophic injury, or death is caused by a
violation of subsection (c).
(j) A court may order terms of imprisonment imposed on a person
convicted of more than one (1) offense described in subsection (c) to
run consecutively. Consecutive terms of imprisonment imposed under
this subsection are not subject to the sentencing restrictions set forth in
IC 35-50-1-2(c) through IC 35-50-1-2(d).
(k) As used in this subsection, "family member" means a child,
grandchild, parent, grandparent, or spouse of the person. It is a defense
to a prosecution under subsection (b) that the person reasonably
believed that the person's family member:
(1) was in the marked off area; and
(2) had suffered bodily injury or was at risk of suffering bodily
injury;
if the person is not charged as a defendant in connection with the
offense, if applicable, that caused the area to be secured by barrier tape
or other physical barriers.".
Page 11, line 30, after "Level 3 felony," insert "Level 4 felony,".
Renumber all SECTIONS consecutively.
SB 324—LS 7261/DI 151 27
(Reference is to SB 324 as printed February 14, 2025.)
BALDWIN
_____
SENATE MOTION
Mr. President: I move that Senate Bill 324 be amended to read as
follows:
Page 6, between lines 41 and 42, begin a new paragraph and insert:
"SECTION 8. IC 35-33-8-11, AS AMENDED BY P.L.84-2022,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. (a) Except as provided in subsection (c), a
court may require a person who has been charged with a crime of
domestic violence (as described in IC 35-31.5-2-78) to wear a
monitoring device as a condition of bail.
(b) A court may order a person who is required to wear a monitoring
device under subsection (a) to pay any costs associated with the
monitoring device.
(c) A court shall require a person to wear a monitoring device
as a condition of bail if the person:
(1) is charged with a crime of domestic violence (as described
in IC 35-31.5-2-78);
(2) has a prior unrelated conviction for a violent offense (as
described in IC 11-12-3.7-6); and
(3) has at least one (1) prior conviction for invasion of privacy
(as described in IC 35-46-1-15.1).".
Renumber all SECTIONS consecutively.
(Reference is to SB 324 as printed February 14, 2025.)
QADDOURA
SB 324—LS 7261/DI 151