IN
Indiana Senate Bill SB0324

Indiana 2025 Regular Session

Indiana Senate Bill SB0324 Compare Versions

OldNewDifferences
1-*ES0324.1*
2-April 3, 2025
3-ENGROSSED
1+*SB0324.3*
2+Reprinted
3+February 18, 2025
44 SENATE BILL No. 324
55 _____
6-DIGEST OF SB 324 (Updated April 2, 2025 1:28 pm - DI 106)
7-Citations Affected: IC 9-30; IC 35-31.5; IC 35-33; IC 35-38;
8-IC 35-44.1; IC 35-47; IC 35-48.
9-Synopsis: Criminal procedures. Increases the penalty levels of crimes
10-related to fentanyl and resisting law enforcement under certain
11-circumstances. Makes possessing an imitation firearm on school
12-property a Class B misdemeanor. Requires certain persons charged
13-with a crime of domestic violence to wear a monitoring device as a
14-condition of bail. Requires that a bail hearing for a violent arrestee and
15-certain other arrestees be held in open court, and requires money bail
16-for the release of a repeat violent arrestee. Specifies that a facility
17-having custody of a person arrested for certain crimes may not release
18-the person on bail for at least 24 hours. Permits virtual bail hearings.
19-Makes it a sentencing aggravator that: (1) the person is in the United
20-States unlawfully; or (2) a person distributed a controlled substance to
21-at least three different individuals in a 180 day period. Makes it a
22-sentencing mitigator that the person: (1) has been diagnosed with a
23-substance use disorder; and (2) has sought treatment for the disorder.
24-Makes conforming changes.
6+DIGEST OF SB 324 (Updated February 17, 2025 2:39 pm - DI 106)
7+Citations Affected: IC 5-2; IC 11-12; IC 31-19; IC 35-33; IC 35-42;
8+IC 35-44.1; IC 35-47; IC 35-48; IC 35-50.
9+Synopsis: Criminal penalties. Increases the penalty levels of crimes
10+related to fentanyl and methamphetamine. Increases the penalty levels
11+of battery against a public safety official, battery resulting in moderate
12+bodily injury, battery resulting in serious bodily injury, battery against
13+a public safety official that results in bodily injury, battery against an
14+endangered adult resulting in serious bodily injury, battery against a
15+child that results in serious bodily injury, battery that results in death,
16+and aggravated battery. Increases the penalty for resisting law
17+enforcement and interfering with public safety under certain
18+circumstances. Requires certain persons charged with a crime of
19+domestic violence to wear a monitoring device as a condition of bail.
20+Requires that a bail hearing for a violent arrestee be held in open court,
21+within 48 hours, and sets minimum bail requirements for the release of
22+a repeat violent arrestee. Makes conforming changes.
2523 Effective: July 1, 2025.
2624 Freeman, Koch, Carrasco
27-(HOUSE SPONSORS — JETER, ANDRADE)
2825 January 13, 2025, read first time and referred to Committee on Corrections and Criminal
2926 Law.
3027 January 28, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
3128 Appropriations.
3229 February 13, 2025, reported favorably — Do Pass.
3330 February 17, 2025, read second time, amended, ordered engrossed.
34-February 18, 2025, engrossed. Read third time, passed. Yeas 46, nays 3.
35-HOUSE ACTION
36-March 3, 2025, read first time and referred to Committee on Courts and Criminal Code.
37-April 3, 2025, amended, reported — Do Pass.
38-ES 324—LS 7261/DI 151 April 3, 2025
31+SB 324—LS 7261/DI 151 Reprinted
32+February 18, 2025
3933 First Regular Session of the 124th General Assembly (2025)
4034 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
4135 Constitution) is being amended, the text of the existing provision will appear in this style type,
4236 additions will appear in this style type, and deletions will appear in this style type.
4337 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4438 provision adopted), the text of the new provision will appear in this style type. Also, the
4539 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4640 a new provision to the Indiana Code or the Indiana Constitution.
4741 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4842 between statutes enacted by the 2024 Regular Session of the General Assembly.
49-ENGROSSED
5043 SENATE BILL No. 324
5144 A BILL FOR AN ACT to amend the Indiana Code concerning
5245 criminal law and procedure.
5346 Be it enacted by the General Assembly of the State of Indiana:
54-1 SECTION 1. IC 9-30-10-4, AS AMENDED BY P.L.201-2019,
55-2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
56-3 JULY 1, 2025]: Sec. 4. (a) A person who has accumulated at least two
57-4 (2) judgments within a ten (10) year period for any of the following
58-5 violations, singularly or in combination, and not arising out of the same
59-6 incident, is a habitual violator:
60-7 (1) Reckless homicide resulting from the operation of a motor
61-8 vehicle.
62-9 (2) Voluntary or involuntary manslaughter resulting from the
63-10 operation of a motor vehicle.
64-11 (3) Failure of the operator of a motor vehicle involved in an
65-12 accident resulting in death or injury to any person to stop at the
66-13 scene of the accident and give the required information and
67-14 assistance.
68-15 (4) Operation of a vehicle while intoxicated resulting in death.
69-16 (5) Before July 1, 1997, operation of a vehicle with at least
70-17 ten-hundredths percent (0.10%) alcohol in the blood resulting in
71-ES 324—LS 7261/DI 151 2
72-1 death.
73-2 (6) After June 30, 1997, and before July 1, 2001, operation of a
74-3 vehicle with an alcohol concentration equivalent to at least
75-4 ten-hundredths (0.10) gram of alcohol per:
76-5 (A) one hundred (100) milliliters of the blood; or
77-6 (B) two hundred ten (210) liters of the breath;
78-7 resulting in death.
79-8 (7) After June 30, 2001, operation of a vehicle with an alcohol
80-9 concentration equivalent to at least eight-hundredths (0.08) gram
81-10 of alcohol per:
82-11 (A) one hundred (100) milliliters of the blood; or
83-12 (B) two hundred ten (210) liters of the breath;
84-13 resulting in death.
85-14 (b) A person who has accumulated at least three (3) judgments
86-15 within a ten (10) year period for any of the following violations,
87-16 singularly or in combination, and not arising out of the same incident,
88-17 is a habitual violator:
89-18 (1) Operation of a vehicle while intoxicated.
90-19 (2) Before July 1, 1997, operation of a vehicle with at least
91-20 ten-hundredths percent (0.10%) alcohol in the blood.
92-21 (3) After June 30, 1997, and before July 1, 2001, operation of a
93-22 vehicle with an alcohol concentration equivalent to at least
94-23 ten-hundredths (0.10) gram of alcohol per:
95-24 (A) one hundred (100) milliliters of the blood; or
96-25 (B) two hundred ten (210) liters of the breath.
97-26 (4) After June 30, 2001, operation of a vehicle with an alcohol
98-27 concentration equivalent to at least eight-hundredths (0.08) gram
99-28 of alcohol per:
100-29 (A) one hundred (100) milliliters of the blood; or
101-30 (B) two hundred ten (210) liters of the breath.
102-31 (5) Reckless driving.
103-32 (6) Criminal recklessness as a felony involving the operation of
104-33 a motor vehicle.
105-34 (7) Drag racing or engaging in a speed contest in violation of law.
106-35 (8) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46
107-36 (repealed July 1, 1991), IC 9-26-1-1(1) (repealed January 1,
108-37 2015), IC 9-26-1-1(2) (repealed January 1, 2015), IC 9-26-1-2(1)
109-38 (repealed January 1, 2015), IC 9-26-1-2(2) (repealed January 1,
110-39 2015), IC 9-26-1-3 (repealed January 1, 2015), IC 9-26-1-4
111-40 (repealed January 1, 2015), or IC 9-26-1-1.1.
112-41 (9) Resisting law enforcement under IC 35-44.1-3-1(c)(1)(A),
113-42 IC 35-44.1-3-1(c)(2), IC 35-44.1-3-1(c)(3), or
114-ES 324—LS 7261/DI 151 3
115-1 IC 35-44.1-3-1(c)(4). IC 35-44.1-3-1(c)(1),
116-2 IC 35-44.1-3-1(c)(2)(C) through IC 35-44.1-3-1(c)(2)(E),
117-3 IC 35-44.1-3-1(c)(3), or IC 35-44.1-3-1(c)(4).
118-4 (10) Any felony under this title or any felony in which the
119-5 operation of a motor vehicle is an element of the offense.
120-6 A judgment for a violation enumerated in subsection (a) shall be added
121-7 to the violations described in this subsection for the purposes of this
122-8 subsection.
123-9 (c) A person who has accumulated at least ten (10) judgments
124-10 within a ten (10) year period for any traffic violation, except a parking
125-11 or an equipment violation, of the type required to be reported to the
126-12 bureau, singularly or in combination, and not arising out of the same
127-13 incident, is a habitual violator. However, at least one (1) of the
128-14 judgments must be for:
129-15 (1) a violation enumerated in subsection (a);
130-16 (2) a violation enumerated in subsection (b);
131-17 (3) operating a motor vehicle while the person's license to do so
132-18 has been suspended or revoked as a result of the person's
133-19 conviction of an offense under IC 9-1-4-52 (repealed July 1,
134-20 1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-2, or
135-21 IC 9-24-19-3; or
136-22 (4) operating a motor vehicle without ever having obtained a
137-23 license to do so.
138-24 A judgment for a violation enumerated in subsection (a) or (b) shall be
139-25 added to the judgments described in this subsection for the purposes of
140-26 this subsection.
141-27 (d) For purposes of this section, a judgment includes a judgment in
142-28 any other jurisdiction in which the elements of the offense for which
143-29 the conviction was entered are substantially similar to the elements of
144-30 the offenses described in subsections (a), (b), and (c).
145-31 (e) For purposes of this section, the offense date is used when
146-32 determining the number of judgments accumulated within a ten (10)
147-33 year period.
148-34 SECTION 2. IC 35-31.5-2-164.4 IS ADDED TO THE INDIANA
149-35 CODE AS A NEW SECTION TO READ AS FOLLOWS
150-36 [EFFECTIVE JULY 1, 2025]: Sec. 164.4 "Imitation firearm", for
151-37 purposes of IC 35-47, has the meaning set forth in IC 35-47-1-6.5.
152-38 SECTION 3. IC 35-33-1-1.7 IS REPEALED [EFFECTIVE JULY
153-39 1, 2025]. Sec. 1.7. (a) A facility having custody of a person arrested for
154-40 a crime of domestic violence (as described in IC 35-31.5-2-78) shall
155-41 keep the person in custody for at least eight (8) hours from the time of
156-42 the arrest.
157-ES 324—LS 7261/DI 151 4
158-1 (b) A person described in subsection (a) may not be released on bail
159-2 until at least eight (8) hours from the time of the person's arrest.
160-3 SECTION 4. IC 35-33-8-0.4 IS ADDED TO THE INDIANA CODE
161-4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
162-5 1, 2025]: Sec. 0.4. Any bail hearing required or permitted to be
163-6 conducted under this chapter, including a hearing required to be
164-7 conducted in open court, may be conducted virtually.
165-8 SECTION 5. IC 35-33-8-3.4 IS ADDED TO THE INDIANA CODE
166-9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
167-10 1, 2025]: Sec. 3.4. (a) This section applies only to a violent arrestee.
168-11 (b) The following definitions apply throughout this section:
169-12 (1) "Crime of violence" means an offense:
170-13 (A) described in IC 35-50-1-2(a); and
171-14 (B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
172-15 felony.
173-16 (2) "Repeat violent arrestee" means a person arrested for or
174-17 charged with a crime of violence who has a prior conviction
175-18 for a crime of violence.
176-19 (3) "Violent arrestee" means a person arrested for or charged
177-20 with a crime of violence.
178-21 (c) A violent arrestee may only be released on bail set
179-22 individually by the court following a hearing held in open court.
180-23 Before releasing a violent arrestee on bail, the court must review
181-24 the probable cause affidavit or arrest warrant.
182-25 (d) A repeat violent arrestee may only be released on bail set
183-26 individually by the court following a hearing held in open court.
184-27 Before releasing a repeat violent arrestee on bail, the court must
185-28 review the probable cause affidavit or arrest warrant. If a court
186-29 releases a repeat violent arrestee on bail, the court must impose
187-30 money bail payable by surety bond or cash deposit.
188-31 SECTION 6. IC 35-33-8-6.5, AS AMENDED BY P.L.28-2023,
189-32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
190-33 JULY 1, 2025]: Sec. 6.5. (a) The court, or a facility having custody
191-34 of a person, may not release a person on bail for at least twenty-four
192-35 (24) hours from the time of the person's arrest if the person is arrested
193-36 for one (1) or more of the following offenses committed against a
194-37 family or household member:
195-38 (1) A crime of domestic violence (as described in
196-39 IC 35-31.5-2-78).
197-40 (2) Battery (IC 35-42-2-1).
198-41 (3) Domestic battery (IC 35-42-2-1.3).
199-42 (4) Aggravated battery (IC 35-42-2-1.5).
200-ES 324—LS 7261/DI 151 5
201-1 (5) Strangulation (IC 35-42-2-9).
202-2 (6) Rape (IC 35-42-4-1).
203-3 (7) Sexual battery (IC 35-42-4-8).
204-4 (8) Invasion of privacy (IC 35-46-1-15.1).
205-5 (9) Criminal stalking (IC 35-45-10-5).
206-6 (10) Criminal recklessness (IC 35-42-2-2).
207-7 (11) Criminal confinement (IC 35-42-3-3).
208-8 (12) Burglary (IC 35-43-2-1).
209-9 (13) Residential entry (IC 35-43-2-1.5).
210-10 (b) A court may not release a person described in subsection (a)
211-11 on bail until the court has conducted a bail hearing in open court.
212-12 SECTION 7. IC 35-33-8-11, AS AMENDED BY P.L.84-2022,
213-13 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
214-14 JULY 1, 2025]: Sec. 11. (a) Except as provided in subsection (c), a
215-15 court may require a person who has been charged with a crime of
216-16 domestic violence (as described in IC 35-31.5-2-78) to wear a
217-17 monitoring device as a condition of bail.
218-18 (b) A court may order a person who is required to wear a monitoring
219-19 device under subsection (a) to pay any costs associated with the
220-20 monitoring device.
221-21 (c) A court shall require a person to wear a monitoring device
222-22 as a condition of bail if the person:
223-23 (1) is charged with a crime of domestic violence (as described
224-24 in IC 35-31.5-2-78);
225-25 (2) has a prior unrelated conviction for a violent offense (as
226-26 described in IC 11-12-3.7-6); and
227-27 (3) has at least one (1) prior conviction for invasion of privacy
228-28 (as described in IC 35-46-1-15.1).
229-29 SECTION 8. IC 35-38-1-7.1, AS AMENDED BY P.L.148-2024,
230-30 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
231-31 JULY 1, 2025]: Sec. 7.1. (a) In determining what sentence to impose
232-32 for a crime, the court may consider the following aggravating
233-33 circumstances:
234-34 (1) The harm, injury, loss, or damage suffered by the victim of an
235-35 offense was:
236-36 (A) significant; and
237-37 (B) greater than the elements necessary to prove the
238-38 commission of the offense.
239-39 (2) The person has a history of criminal or delinquent behavior.
240-40 (3) The victim of the offense was less than twelve (12) years of
241-41 age or at least sixty-five (65) years of age at the time the person
242-42 committed the offense.
243-ES 324—LS 7261/DI 151 6
244-1 (4) The person:
245-2 (A) committed a crime of violence (IC 35-50-1-2); and
246-3 (B) knowingly committed the offense in the presence or within
247-4 hearing of an individual who:
248-5 (i) was less than eighteen (18) years of age at the time the
249-6 person committed the offense; and
250-7 (ii) is not the victim of the offense.
251-8 (5) The person violated a protective order issued against the
252-9 person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
253-10 IC 34-4-5.1 before their repeal), a workplace violence restraining
254-11 order issued against the person under IC 34-26-6, or a no contact
255-12 order issued against the person.
256-13 (6) The person has recently violated the conditions of any
257-14 probation, parole, pardon, community corrections placement, or
258-15 pretrial release granted to the person.
259-16 (7) The victim of the offense was:
260-17 (A) a person with a disability (as defined in IC 27-7-6-12), and
261-18 the defendant knew or should have known that the victim was
262-19 a person with a disability; or
263-20 (B) mentally or physically infirm.
264-21 (8) The person was in a position having care, custody, or control
265-22 of the victim of the offense.
266-23 (9) The injury to or death of the victim of the offense was the
267-24 result of shaken baby syndrome (as defined in IC 16-41-40-2) or
268-25 abusive head trauma.
269-26 (10) The person threatened to harm the victim of the offense or a
270-27 witness if the victim or witness told anyone about the offense.
271-28 (11) The person:
272-29 (A) committed trafficking with an inmate under
273-30 IC 35-44.1-3-5; and
274-31 (B) is an employee of the penal facility.
275-32 (12) The person committed the offense with bias due to the
276-33 victim's or the group's real or perceived characteristic, trait, belief,
277-34 practice, association, or other attribute the court chooses to
278-35 consider, including but not limited to an attribute described in
279-36 IC 10-13-3-1.
280-37 (13) The person is or has been an alien (as defined by 8 U.S.C.
281-38 1101(a)) unlawfully present in the United States. A
282-39 determination by the United States Department of Homeland
283-40 Security that an alien has come to, entered, or remained in the
284-41 United States in violation of law is evidence that the alien is or
285-42 has been unlawfully present in the United States.
286-ES 324—LS 7261/DI 151 7
287-1 (14) The offense involved dealing in a controlled substance
288-2 under IC 35-48-4 and the person distributed the controlled
289-3 substance to at least three (3) different individuals in a one
290-4 hundred eighty (180) day period.
291-5 (b) The court may consider the following factors as mitigating
292-6 circumstances or as favoring suspending the sentence and imposing
293-7 probation:
294-8 (1) The crime neither caused nor threatened serious harm to
295-9 persons or property, or the person did not contemplate that it
296-10 would do so.
297-11 (2) The crime was the result of circumstances unlikely to recur.
298-12 (3) The victim of the crime induced or facilitated the offense.
299-13 (4) There are substantial grounds tending to excuse or justify the
300-14 crime, though failing to establish a defense.
301-15 (5) The person acted under strong provocation.
302-16 (6) The person has no history of delinquency or criminal activity,
303-17 or the person has led a law-abiding life for a substantial period
304-18 before commission of the crime.
305-19 (7) The person is likely to respond affirmatively to probation or
306-20 short term imprisonment.
307-21 (8) The character and attitudes of the person indicate that the
308-22 person is unlikely to commit another crime.
309-23 (9) The person has made or will make restitution to the victim of
310-24 the crime for the injury, damage, or loss sustained.
311-25 (10) Imprisonment of the person will result in undue hardship to
312-26 the person or the dependents of the person.
313-27 (11) The person was convicted of a crime involving the use of
314-28 force against a person who had repeatedly inflicted physical or
315-29 sexual abuse upon the convicted person and evidence shows that
316-30 the convicted person suffered from the effects of battery as a
317-31 result of the past course of conduct of the individual who is the
318-32 victim of the crime for which the person was convicted.
319-33 (12) The person was convicted of a crime relating to a controlled
320-34 substance and the person's arrest or prosecution was facilitated in
321-35 part because the person:
322-36 (A) requested emergency medical assistance; or
323-37 (B) acted in concert with another person who requested
324-38 emergency medical assistance;
325-39 for an individual who reasonably appeared to be in need of
326-40 medical assistance due to the use of alcohol or a controlled
327-41 substance.
328-42 (13) The person has posttraumatic stress disorder, traumatic brain
329-ES 324—LS 7261/DI 151 8
330-1 injury, or a postconcussive brain injury.
331-2 (14) The person is a person described in IC 31-30-1-4(d) who
332-3 committed the offense while the person was a child but is now at
333-4 least twenty-one (21) years of age.
334-5 (15) The offense involved dealing in a controlled substance
335-6 under IC 35-48-4 and the person:
336-7 (A) has been diagnosed with a substance use disorder; and
337-8 (B) has sought treatment for the substance use disorder.
338-9 (c) The criteria listed in subsections (a) and (b) do not limit the
339-10 matters that the court may consider in determining the sentence.
340-11 (d) A court may impose any sentence that is:
341-12 (1) authorized by statute; and
342-13 (2) permissible under the Constitution of the State of Indiana;
343-14 regardless of the presence or absence of aggravating circumstances or
344-15 mitigating circumstances.
345-16 (e) If a court suspends a sentence and orders probation for a person
346-17 described in subsection (b)(13), the court may require the person to
347-18 receive treatment for the person's injuries.
348-19 SECTION 9. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
349-20 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
350-21 JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
351-22 (1) forcibly resists, obstructs, or interferes with a law enforcement
352-23 officer or a person assisting the officer while the officer is
353-24 lawfully engaged in the execution of the officer's duties;
354-25 (2) forcibly resists, obstructs, or interferes with the authorized
355-26 service or execution of a civil or criminal process or order of a
356-27 court; or
357-28 (3) flees from a law enforcement officer after the officer has, by
358-29 visible or audible means, including operation of the law
359-30 enforcement officer's siren or emergency lights, identified himself
360-31 or herself and ordered the person to stop;
361-32 commits resisting law enforcement, a Class A misdemeanor, except as
362-33 provided in subsection (c).
363-34 (b) A person who, having been denied entry by a firefighter, an
364-35 emergency medical services provider, or a law enforcement officer,
365-36 knowingly or intentionally enters an area that is marked off with barrier
366-37 tape or other physical barriers, commits interfering with public safety,
367-38 a Class B misdemeanor, except as provided in subsection (c) or (k).
368-39 (c) The offense under subsection (a) or (b) is a:
369-40 (1) Level 6 felony if (A) the person uses a vehicle to commit the
370-41 offense; or
371-42 (B) (2) Level 5 felony if: while committing the offense, the
372-ES 324—LS 7261/DI 151 9
373-1 person:
374-2 (i) (A) while committing the offense, the person draws or
375-3 uses a deadly weapon;
376-4 (ii) (B) while committing the offense, the person inflicts
377-5 bodily injury on or otherwise causes bodily injury to another
378-6 person; or
379-7 (iii) (C) while committing the offense, the person operates
380-8 a vehicle in a manner that creates a substantial risk of bodily
381-9 injury to another person;
382-10 (2) Level 5 felony if:
383-11 (A) (D) while committing the offense, the person operates a
384-12 vehicle in a manner that causes serious bodily injury to another
385-13 person; or
386-14 (B) (E) the person uses a vehicle to commit the offense and the
387-15 person has a prior unrelated conviction under this section
388-16 involving the use of a vehicle in the commission of the
389-17 offense;
390-18 (3) Level 3 felony if, while committing the offense, the person
391-19 operates a vehicle in a manner that causes the death or
392-20 catastrophic injury of another person; and
393-21 (4) Level 2 felony if, while committing any offense described in
394-22 subsection (a), the person operates a vehicle in a manner that
395-23 causes the death or catastrophic injury of a firefighter, an
396-24 emergency medical services provider, or a law enforcement
397-25 officer while the firefighter, emergency medical services provider,
398-26 or law enforcement officer is engaged in the firefighter's,
399-27 emergency medical services provider's, or officer's official duties.
400-28 (d) The offense under subsection (a) is a Level 6 felony if, while
401-29 committing an offense under:
402-30 (1) subsection (a)(1) or (a)(2), the person:
403-31 (A) creates a substantial risk of bodily injury to the person or
404-32 another person; and
405-33 (B) has two (2) or more prior unrelated convictions under
406-34 subsection (a); or
407-35 (2) subsection (a)(3), the person has two (2) or more prior
408-36 unrelated convictions under subsection (a).
409-37 (e) If a person uses a vehicle to commit a felony offense under
410-38 subsection (c)(1)(B), (c)(1), (c)(2), (c)(3), or (c)(4), as part of the
411-39 criminal penalty imposed for the offense, the court shall impose a
412-40 minimum executed sentence of at least:
413-41 (1) thirty (30) days, if the person does not have a prior unrelated
414-42 conviction under this section;
415-ES 324—LS 7261/DI 151 10
416-1 (2) one hundred eighty (180) days, if the person has one (1) prior
417-2 unrelated conviction under this section; or
418-3 (3) one (1) year, if the person has two (2) or more prior unrelated
419-4 convictions under this section.
420-5 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
421-6 minimum sentence imposed under subsection (e) may not be
422-7 suspended.
423-8 (g) If a person is convicted of an offense involving the use of a
424-9 motor vehicle under:
425-10 (1) subsection (c)(1)(A), subsection (c)(1), if the person exceeded
426-11 the speed limit by at least twenty (20) miles per hour while
427-12 committing the offense;
428-13 (2) subsection (c)(2); or
429-14 (3) subsection (c)(3);
430-15 the court may notify the bureau of motor vehicles to suspend or revoke
431-16 the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
432-17 period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
433-18 court shall inform the bureau whether the person has been sentenced
434-19 to a term of incarceration. At the time of conviction, the court may
435-20 obtain the person's current driver's license and return the license to the
436-21 bureau of motor vehicles.
437-22 (h) A person may not be charged or convicted of a crime under
438-23 subsection (a)(3) if the law enforcement officer is a school resource
439-24 officer acting in the officer's capacity as a school resource officer.
440-25 (i) A person who commits an offense described in subsection (c)
441-26 commits a separate offense for each person whose bodily injury,
442-27 serious bodily injury, catastrophic injury, or death is caused by a
443-28 violation of subsection (c).
444-29 (j) A court may order terms of imprisonment imposed on a person
445-30 convicted of more than one (1) offense described in subsection (c) to
446-31 run consecutively. Consecutive terms of imprisonment imposed under
447-32 this subsection are not subject to the sentencing restrictions set forth in
448-33 IC 35-50-1-2(c) through IC 35-50-1-2(d).
449-34 (k) As used in this subsection, "family member" means a child,
450-35 grandchild, parent, grandparent, or spouse of the person. It is a defense
451-36 to a prosecution under subsection (b) that the person reasonably
452-37 believed that the person's family member:
453-38 (1) was in the marked off area; and
454-39 (2) had suffered bodily injury or was at risk of suffering bodily
455-40 injury;
456-41 if the person is not charged as a defendant in connection with the
457-42 offense, if applicable, that caused the area to be secured by barrier tape
458-ES 324—LS 7261/DI 151 11
459-1 or other physical barriers.
460-2 SECTION 10. IC 35-47-1-6.5 IS ADDED TO THE INDIANA
461-3 CODE AS A NEW SECTION TO READ AS FOLLOWS
462-4 [EFFECTIVE JULY 1, 2025]: Sec. 6.5. "Imitation firearm" means
463-5 an object or device so substantially similar in coloration and
464-6 overall appearance to a firearm that it would cause a reasonable
465-7 person to believe that the object or device is a firearm.
466-8 SECTION 11. IC 35-47-4-5, AS AMENDED BY THE
467-9 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
468-10 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
469-11 JULY 1, 2025]: Sec. 5. (a) As used in this section, "serious violent
470-12 felon" means a person who has been convicted of committing a serious
471-13 violent felony.
472-14 (b) As used in this section, "serious violent felony" means:
473-15 (1) murder (IC 35-42-1-1);
474-16 (2) attempted murder (IC 35-41-5-1);
475-17 (3) voluntary manslaughter (IC 35-42-1-3);
476-18 (4) reckless homicide not committed by means of a vehicle (IC
477-19 35-42-1-5);
478-20 (5) battery (IC 35-42-2-1) as a:
479-21 (A) Class A felony, Class B felony, or Class C felony, for a
480-22 crime committed before July 1, 2014; or
481-23 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
482-24 felony, for a crime committed after June 30, 2014;
483-25 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
484-26 3 felony, Level 4 felony, or Level 5 felony;
485-27 (7) aggravated battery (IC 35-42-2-1.5);
486-28 (8) strangulation (IC 35-42-2-9);
487-29 (9) kidnapping (IC 35-42-3-2);
488-30 (10) criminal confinement (IC 35-42-3-3);
489-31 (11) a human or sexual trafficking offense under IC 35-42-3.5;
490-32 (12) rape (IC 35-42-4-1);
491-33 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
492-34 (14) child molesting (IC 35-42-4-3);
493-35 (15) sexual battery (IC 35-42-4-8) as a:
494-36 (A) Class C felony, for a crime committed before July 1, 2014;
495-37 or
496-38 (B) Level 5 felony, for a crime committed after June 30, 2014;
497-39 (16) robbery (IC 35-42-5-1);
498-40 (17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
499-41 (18) arson (IC 35-43-1-1(a)) as a:
500-42 (A) Class A felony or Class B felony, for a crime committed
501-ES 324—LS 7261/DI 151 12
502-1 before July 1, 2014; or
503-2 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
504-3 crime committed after June 30, 2014;
505-4 (19) burglary (IC 35-43-2-1) as a:
506-5 (A) Class A felony or Class B felony, for a crime committed
507-6 before July 1, 2014; or
508-7 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
509-8 felony, for a crime committed after June 30, 2014;
510-9 (20) assisting a criminal (IC 35-44.1-2-5) as a:
511-10 (A) Class C felony, for a crime committed before July 1, 2014;
512-11 or
513-12 (B) Level 5 felony, for a crime committed after June 30, 2014;
514-13 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
515-14 (A) Class B felony or Class C felony, for a crime committed
47+1 SECTION 1. IC 5-2-22-1, AS AMENDED BY P.L.161-2018,
48+2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
49+3 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
50+4 chapter:
51+5 (1) "Crime of child abuse" means:
52+6 (A) neglect of a dependent (IC 35-46-1-4) if the dependent is
53+7 a child and the offense is committed under:
54+8 (i) IC 35-46-1-4(a)(1);
55+9 (ii) IC 35-46-1-4(a)(2); or
56+10 (iii) IC 35-46-1-4(a)(3);
57+11 (B) child selling (IC 35-46-1-4(d));
58+12 (C) a sex offense (as defined in IC 11-8-8-5.2) committed
59+13 against a child; or
60+14 (D) battery against a child under:
61+15 (i) IC 35-42-2-1(e)(3) IC 35-42-2-1(e)(1) (battery on a
62+16 child);
63+17 (ii) IC 35-42-2-1(g)(5)(B) IC 35-42-2-1(g)(6)(A) (battery
64+SB 324—LS 7261/DI 151 2
65+1 causing bodily injury to a child);
66+2 (iii) IC 35-42-2-1(j) IC 35-42-2-1(k) (battery causing
67+3 serious bodily injury to a child); or
68+4 (iv) IC 35-42-2-1(k) IC 35-42-2-1(l) (battery resulting in the
69+5 death of a child).
70+6 (2) "Office" refers to the office of judicial administration created
71+7 under IC 33-24-6-1.
72+8 (3) "Registry" means the child abuse registry established under
73+9 section 2 of this chapter.
74+10 SECTION 2. IC 11-12-3.7-6, AS AMENDED BY P.L.78-2022,
75+11 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
76+12 JULY 1, 2025]: Sec. 6. As used in this chapter, "violent offense" means
77+13 one (1) or more of the following offenses:
78+14 (1) Murder (IC 35-42-1-1).
79+15 (2) Attempted murder (IC 35-41-5-1).
80+16 (3) Voluntary manslaughter (IC 35-42-1-3).
81+17 (4) Involuntary manslaughter (IC 35-42-1-4).
82+18 (5) Reckless homicide (IC 35-42-1-5).
83+19 (6) Aggravated battery (IC 35-42-2-1.5).
84+20 (7) Battery (IC 35-42-2-1) as a:
85+21 (A) Class A felony, Class B felony, or Class C felony (for a
86+22 crime committed before July 1, 2014); or
87+23 (B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4
88+24 felony, or Level 5 felony (for a crime committed after June 30,
89+25 2014).
90+26 (8) Kidnapping (IC 35-42-3-2).
91+27 (9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8 that
92+28 is a:
93+29 (A) Class A felony, Class B felony, or Class C felony (for a
94+30 crime committed before July 1, 2014); or
95+31 (B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4
96+32 felony, or Level 5 felony (for a crime committed after June 30,
97+33 2014).
98+34 (10) Sexual misconduct with a minor (IC 35-42-4-9) as a:
99+35 (A) Class A felony or Class B felony (for a crime committed
100+36 before July 1, 2014); or
101+37 (B) Level 1 felony, Level 2 felony, or Level 4 felony (for a
102+38 crime committed after June 30, 2014).
103+39 (11) Incest (IC 35-46-1-3).
104+40 (12) Robbery (IC 35-42-5-1) as a:
105+41 (A) Class A felony or a Class B felony (for a crime committed
106+42 before July 1, 2014); or
107+SB 324—LS 7261/DI 151 3
108+1 (B) Level 2 felony or Level 3 felony (for a crime committed
109+2 after June 30, 2014).
110+3 (13) Burglary (IC 35-43-2-1) as a:
111+4 (A) Class A felony or a Class B felony (for a crime committed
112+5 before July 1, 2014); or
113+6 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
114+7 felony (for a crime committed after June 30, 2014).
115+8 (14) Carjacking (IC 35-42-5-2) (repealed).
116+9 (15) Assisting a criminal (IC 35-44.1-2-5) as a:
117+10 (A) Class C felony (for a crime committed before July 1,
118+11 2014); or
119+12 (B) Level 5 felony (for a crime committed after June 30,
120+13 2014).
121+14 (16) Escape (IC 35-44.1-3-4) as a:
122+15 (A) Class B felony or Class C felony (for a crime committed
123+16 before July 1, 2014); or
124+17 (B) Level 4 felony or Level 5 felony (for a crime committed
125+18 after June 30, 2014).
126+19 (17) Trafficking with an inmate (IC 35-44.1-3-5) as a:
127+20 (A) Class C felony (for a crime committed before July 1,
128+21 2014); or
129+22 (B) Level 5 felony (for a crime committed after June 30,
130+23 2014).
131+24 (18) Causing death or catastrophic injury when operating a
132+25 vehicle (IC 9-30-5-5).
133+26 (19) Criminal confinement (IC 35-42-3-3) as a:
134+27 (A) Class B felony (for a crime committed before July 1,
135+28 2014); or
136+29 (B) Level 3 felony (for a crime committed after June 30,
137+30 2014).
138+31 (20) Arson (IC 35-43-1-1) as a:
139+32 (A) Class A or Class B felony (for a crime committed before
140+33 July 1, 2014); or
141+34 (B) Level 2, Level 3, or Level 4 felony (for a crime committed
142+35 after June 30, 2014).
143+36 (21) Possession, use, or manufacture of a weapon of mass
144+37 destruction (IC 35-46.5-2-1) (or IC 35-47-12-1 before its repeal).
145+38 (22) Terroristic mischief (IC 35-46.5-2-3) (or IC 35-47-12-3
146+39 before its repeal) as a:
147+40 (A) Class B felony (for a crime committed before July 1,
148+41 2014); or
149+42 (B) Level 4 felony (for a crime committed after June 30,
150+SB 324—LS 7261/DI 151 4
151+1 2014).
152+2 (23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
153+3 (24) A violation of IC 35-47.5 (controlled explosives) as a:
154+4 (A) Class A or Class B felony (for a crime committed before
155+5 July 1, 2014); or
156+6 (B) Level 2 or Level 4 felony (for a crime committed after
157+7 June 30, 2014).
158+8 (25) Domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
159+9 3 felony, or Level 5 felony.
160+10 (26) Sexual misconduct with a service provider (35-44.1-3-10) as
161+11 a Level 4 felony.
162+12 (27) Any other crimes evidencing a propensity or history of
163+13 violence.
164+14 SECTION 3. IC 31-19-9-10, AS AMENDED BY P.L.142-2020,
165+15 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
166+16 JULY 1, 2025]: Sec. 10. A court shall determine that consent to
167+17 adoption is not required from a parent if:
168+18 (1) the parent is convicted of and incarcerated at the time of the
169+19 filing of a petition for adoption for:
170+20 (A) murder (IC 35-42-1-1);
171+21 (B) causing suicide (IC 35-42-1-2);
172+22 (C) voluntary manslaughter (IC 35-42-1-3);
173+23 (D) rape (IC 35-42-4-1);
174+24 (E) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
175+25 (F) child molesting (IC 35-42-4-3) as a:
176+26 (i) Class A or Class B felony, for a crime committed before
177+27 July 1, 2014; or
178+28 (ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime
179+29 committed after June 30, 2014;
180+30 (G) incest (IC 35-46-1-3) as a:
181+31 (i) Class B felony, for a crime committed before July 1,
182+32 2014; or
183+33 (ii) Level 4 felony, for a crime committed after June 30,
184+34 2014;
185+35 (H) neglect of a dependent (IC 35-46-1-4) as a:
186+36 (i) Class B felony, for a crime committed before July 1,
187+37 2014; or
188+38 (ii) Level 1 or Level 3 felony, for a crime committed after
189+39 June 30, 2014;
190+40 (I) battery (IC 35-42-2-1) of a child as a:
191+41 (i) Class C felony, for a crime committed before July 1,
192+42 2014; or
193+SB 324—LS 7261/DI 151 5
194+1 (ii) Level 5 felony, for a crime committed after June 30,
195+2 2014;
196+3 (J) battery (IC 35-42-2-1) as a:
197+4 (i) Class A or Class B felony, for a crime committed before
198+5 July 1, 2014; or
199+6 (ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime
200+7 committed after June 30, 2014;
201+8 (K) domestic battery (IC 35-42-2-1.3) as a Level 5, Level 4,
202+9 Level 3, or Level 2 felony; or
203+10 (L) aggravated battery (IC 35-42-2-1.5) as a Level 3 Level 2
204+11 or Level 1 felony;
205+12 (2) the child or the child's sibling, half-blood sibling, or
206+13 step-sibling of the parent's current marriage is the victim of the
207+14 offense; and
208+15 (3) after notice to the parent and a hearing, the court determines
209+16 that dispensing with the parent's consent to adoption is in the
210+17 child's best interests.
211+18 SECTION 4. IC 35-33-8-3.4 IS ADDED TO THE INDIANA CODE
212+19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
213+20 1, 2025]: Sec. 3.4. (a) This section applies only to a violent arrestee.
214+21 (b) The following definitions apply throughout this section:
215+22 (1) "Crime of violence" means an offense:
216+23 (A) described in IC 35-50-1-2(a); and
217+24 (B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
218+25 felony.
219+26 (2) "Default bail schedule" means the following minimum bail
220+27 amounts, based on the most serious charged crime:
221+28 (A) For murder, no bail.
222+29 (B) For a Class A felony, Level 1 felony, or Level 2 felony,
223+30 fifty thousand dollars ($50,000).
224+31 (C) For a Class B felony, Level 3 felony, or Level 4 felony,
225+32 twenty thousand dollars ($20,000).
226+33 (D) For a Class C felony or Level 5 felony that is a crime of
227+34 domestic violence, twenty-five thousand dollars ($25,000).
228+35 (E) For a Class C felony or Level 5 felony that is not a
229+36 crime of domestic violence, seven thousand five hundred
230+37 dollars ($7,500).
231+38 (F) For a Class D felony or Level 6 felony, five hundred
232+39 dollars ($500).
233+40 (3) "Minimum bail amount" means:
234+41 (A) if:
235+42 (i) the court has adopted a bail schedule, the bail amount
236+SB 324—LS 7261/DI 151 6
237+1 prescribed for a particular offense in the court's bail
238+2 schedule; or
239+3 (ii) the court has not adopted a bail schedule, the default
240+4 bail schedule; or
241+5 (B) if the violent arrestee has a prior conviction for a crime
242+6 of violence, twice the bail amount prescribed for a
243+7 particular offense in the court's bail schedule or default
244+8 bail schedule (whichever applies) for a violent arrestee
245+9 without a prior conviction for a crime of violence;
246+10 as applicable.
247+11 (4) "Repeat violent arrestee" means a person arrested for or
248+12 charged with a crime of violence who has a prior conviction
249+13 for a crime of violence.
250+14 (5) "Violent arrestee" means a person arrested for or charged
251+15 with a crime of violence.
252+16 (c) A violent arrestee may not be released pursuant to a bail
253+17 schedule, and may only be released on bail set individually by the
254+18 court following a hearing held in open court. Except as provided in
255+19 section 6 of this chapter, the court shall conduct a bail hearing not
256+20 later than forty-eight (48) hours after the person has been arrested,
257+21 unless exigent circumstances prevent holding the hearing within
258+22 forty-eight (48) hours. Before releasing a violent arrestee on bail,
259+23 the court must review the probable cause affidavit or arrest
260+24 warrant.
261+25 (d) A repeat violent arrestee may not be released pursuant to a
262+26 bail schedule, and may only be released on bail set individually by
263+27 the court following a hearing held in open court. Except as
264+28 provided in section 6 of this chapter, the court shall conduct a bail
265+29 hearing not later than forty-eight (48) hours after the person has
266+30 been arrested, unless exigent circumstances prevent holding the
267+31 hearing within forty-eight (48) hours. Before releasing a repeat
268+32 violent arrestee on bail, the court must review the probable cause
269+33 affidavit or arrest warrant. If a court releases a repeat violent
270+34 arrestee on bail, the court must impose bail in an amount that
271+35 equals or exceeds the minimum bail amount for the repeat violent
272+36 arrestee's most serious offense.
273+37 (e) A third party may not pay money bail imposed under this
274+38 section on behalf of a repeat violent arrestee (even for the portion
275+39 that exceeds the minimum bail amount) unless the third party is a
276+40 close relative (as defined in IC 33-23-11-2) of the repeat violent
277+41 arrestee.
278+42 SECTION 5. IC 35-33-8-11, AS AMENDED BY P.L.84-2022,
279+SB 324—LS 7261/DI 151 7
280+1 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
281+2 JULY 1, 2025]: Sec. 11. (a) Except as provided in subsection (c), a
282+3 court may require a person who has been charged with a crime of
283+4 domestic violence (as described in IC 35-31.5-2-78) to wear a
284+5 monitoring device as a condition of bail.
285+6 (b) A court may order a person who is required to wear a monitoring
286+7 device under subsection (a) to pay any costs associated with the
287+8 monitoring device.
288+9 (c) A court shall require a person to wear a monitoring device
289+10 as a condition of bail if the person:
290+11 (1) is charged with a crime of domestic violence (as described
291+12 in IC 35-31.5-2-78);
292+13 (2) has a prior unrelated conviction for a violent offense (as
293+14 described in IC 11-12-3.7-6); and
294+15 (3) has at least one (1) prior conviction for invasion of privacy
295+16 (as described in IC 35-46-1-15.1).
296+17 SECTION 6. IC 35-42-2-1, AS AMENDED BY P.L.148-2024,
297+18 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
298+19 JULY 1, 2025]: Sec. 1. (a) As used in this section, "public safety
299+20 official" means:
300+21 (1) a law enforcement officer, including an alcoholic beverage
301+22 enforcement officer;
302+23 (2) an employee of a penal facility or a juvenile detention facility
303+24 (as defined in IC 31-9-2-71);
304+25 (3) an employee of the department of correction;
305+26 (4) a probation officer;
306+27 (5) a parole officer;
307+28 (6) a community corrections worker;
308+29 (7) a home detention officer;
309+30 (8) a department of child services employee;
310+31 (9) a firefighter;
311+32 (10) an emergency medical services provider;
312+33 (11) a judicial officer;
313+34 (12) a bailiff of any court; or
314+35 (13) a special deputy (as described in IC 36-8-10-10.6).
315+36 (b) As used in this section, "relative" means an individual related by
316+37 blood, half-blood, adoption, marriage, or remarriage, including:
317+38 (1) a spouse;
318+39 (2) a parent or stepparent;
319+40 (3) a child or stepchild;
320+41 (4) a grandchild or stepgrandchild;
321+42 (5) a grandparent or stepgrandparent;
322+SB 324—LS 7261/DI 151 8
323+1 (6) a brother, sister, stepbrother, or stepsister;
324+2 (7) a niece or nephew;
325+3 (8) an aunt or uncle;
326+4 (9) a daughter-in-law or son-in-law;
327+5 (10) a mother-in-law or father-in-law; or
328+6 (11) a first cousin.
329+7 (c) Except as provided in subsections (d) through (k), a person who
330+8 knowingly or intentionally:
331+9 (1) touches another person in a rude, insolent, or angry manner;
332+10 or
333+11 (2) in a rude, insolent, or angry manner places any bodily fluid or
334+12 waste on another person;
335+13 commits battery, a Class B misdemeanor.
336+14 (d) The offense described in subsection (c)(1) or (c)(2) is a Class A
337+15 misdemeanor if it:
338+16 (1) results in bodily injury to any other person; or
339+17 (2) is committed against a member of a foster family home (as
340+18 defined in IC 35-31.5-2-139.3) by a person who is not a resident
341+19 of the foster family home if the person who committed the offense
342+20 is a relative of a person who lived in the foster family home at the
343+21 time of the offense.
344+22 (e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
345+23 felony if one (1) or more of the following apply:
346+24 (1) The offense results in moderate bodily injury to any other
347+25 person.
348+26 (2) The offense is committed against a public safety official while
349+27 the official is engaged in the official's official duty, unless the
350+28 offense is committed by a person detained or committed under
351+29 IC 12-26.
352+30 (3) (1) The offense is committed against a person less than
353+31 fourteen (14) years of age and is committed by a person at least
354+32 eighteen (18) years of age.
355+33 (4) (2) The offense is committed against a person of any age who
356+34 has a mental or physical disability and is committed by a person
357+35 having the care of the person with the mental or physical
358+36 disability, whether the care is assumed voluntarily or because of
359+37 a legal obligation.
360+38 (5) (3) The offense is committed against an endangered adult (as
361+39 defined in IC 12-10-3-2).
362+40 (6) (4) The offense:
363+41 (A) is committed against a member of a foster family home (as
364+42 defined in IC 35-31.5-2-139.3) by a person who is not a
365+SB 324—LS 7261/DI 151 9
366+1 resident of the foster family home if the person who committed
367+2 the offense is a relative of a person who lived in the foster
368+3 family home at the time of the offense; and
369+4 (B) results in bodily injury to the member of the foster family.
370+5 (f) The offense described in subsection (c)(2) is a Level 6 felony if
371+6 the person knew or recklessly failed to know that the bodily fluid or
372+7 waste placed on another person was infected with hepatitis,
373+8 tuberculosis, or human immunodeficiency virus.
374+9 (g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
375+10 felony if one (1) or more of the following apply:
376+11 (1) The offense results in serious bodily injury to another person.
377+12 (1) The offense results in moderate bodily injury to any other
378+13 person.
379+14 (2) The offense is committed with a deadly weapon.
380+15 (3) The offense results in bodily injury to a pregnant woman if the
381+16 person knew of the pregnancy.
382+17 (4) The person has a previous conviction for a battery or
383+18 strangulation offense included in this chapter against the same
384+19 victim.
385+20 (5) The offense is committed against a public safety official
386+21 while the official is engaged in the official's official duty,
387+22 unless the offense is committed by a person detained or
388+23 committed under IC 12-26.
389+24 (5) (6) The offense results in bodily injury to one (1) or more of
390+25 the following:
391+26 (A) A public safety official while the official is engaged in the
392+27 official's official duties, unless the offense is committed by a
393+28 person detained or committed under IC 12-26.
394+29 (B) (A) A person less than fourteen (14) years of age if the
395+30 offense is committed by a person at least eighteen (18) years
396+31 of age.
397+32 (C) (B) A person who has a mental or physical disability if the
398+33 offense is committed by an individual having care of the
399+34 person with the disability, regardless of whether the care is
400+35 assumed voluntarily or because of a legal obligation.
401+36 (D) (C) An endangered adult (as defined in IC 12-10-3-2).
402+37 (h) The offense described in subsection (c)(2) is a Level 5 felony if:
403+38 (1) the person knew or recklessly failed to know that the bodily
404+39 fluid or waste placed on another person was infected with
405+40 hepatitis, tuberculosis, or human immunodeficiency virus; and
406+41 (2) the person placed the bodily fluid or waste on a public safety
407+42 official, unless the offense is committed by a person detained or
408+SB 324—LS 7261/DI 151 10
409+1 committed under IC 12-26.
410+2 (i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
411+3 felony if one (1) or more of the following apply:
412+4 (1) The offense results in serious bodily injury to another
413+5 person. it results in serious bodily injury to an endangered adult
414+6 (as defined in IC 12-10-3-2).
415+7 (2) The offense results in bodily injury to a public safety
416+8 official while the official is engaged in the official's official
417+9 duties, unless the offense is committed by a person detained or
418+10 committed under IC 12-26.
419+11 (j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
420+12 felony if it results in serious bodily injury to a person less than fourteen
421+13 (14) years of age if the offense is committed by a person at least
422+14 eighteen (18) years of age. serious bodily injury to an endangered
423+15 adult (as defined in IC 12-10-3-2).
424+16 (k) The offense described in subsection (c)(1) or (c)(2) is a Level
425+17 2 felony if it results in serious bodily injury to a person less than
426+18 fourteen (14) years of age if the offense is committed by a person
427+19 at least eighteen (18) years of age.
428+20 (k) (l) The offense described in subsection (c)(1) or (c)(2) is a Level
429+21 2 Level 1 felony if it results in the death of one (1) or more of the
430+22 following:
431+23 (1) A person less than fourteen (14) years of age if the offense is
432+24 committed by a person at least eighteen (18) years of age.
433+25 (2) An endangered adult (as defined in IC 12-10-3-2).
434+26 SECTION 7. IC 35-42-2-1.5, AS AMENDED BY P.L.158-2013,
435+27 SECTION 422, IS AMENDED TO READ AS FOLLOWS
436+28 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. A person who knowingly or
437+29 intentionally inflicts injury on a person that creates a substantial risk of
438+30 death or causes:
439+31 (1) serious permanent disfigurement;
440+32 (2) protracted loss or impairment of the function of a bodily
441+33 member or organ; or
442+34 (3) the loss of a fetus;
443+35 commits aggravated battery, a Level 3 Level 2 felony. However, the
444+36 offense is a Level 1 felony if it results in the death of a child less than
445+37 fourteen (14) years of age and is committed by a person at least
446+38 eighteen (18) years of age.
447+39 SECTION 8. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
448+40 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
449+41 JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
450+42 (1) forcibly resists, obstructs, or interferes with a law enforcement
451+SB 324—LS 7261/DI 151 11
452+1 officer or a person assisting the officer while the officer is
453+2 lawfully engaged in the execution of the officer's duties;
454+3 (2) forcibly resists, obstructs, or interferes with the authorized
455+4 service or execution of a civil or criminal process or order of a
456+5 court; or
457+6 (3) flees from a law enforcement officer after the officer has, by
458+7 visible or audible means, including operation of the law
459+8 enforcement officer's siren or emergency lights, identified himself
460+9 or herself and ordered the person to stop;
461+10 commits resisting law enforcement, a Class A misdemeanor, except as
462+11 provided in subsection (c).
463+12 (b) A person who, having been denied entry by a firefighter, an
464+13 emergency medical services provider, or a law enforcement officer,
465+14 knowingly or intentionally enters an area that is marked off with barrier
466+15 tape or other physical barriers, commits interfering with public safety,
467+16 a Class B misdemeanor, except as provided in subsection (c) or (k).
468+17 (c) The offense under subsection (a) or (b) is a:
469+18 (1) Level 6 Level 5 felony if:
470+19 (A) the person uses a vehicle to commit the offense; or
471+20 (B) while committing the offense, the person:
472+21 (i) draws or uses a deadly weapon;
473+22 (ii) inflicts bodily injury on or otherwise causes bodily injury
474+23 to another person; or
475+24 (iii) operates a vehicle in a manner that creates a substantial
476+25 risk of bodily injury to another person;
477+26 (2) Level 5 Level 4 felony if:
478+27 (A) while committing the offense, the person operates a
479+28 vehicle in a manner that causes serious bodily injury to another
480+29 person; or
481+30 (B) the person uses a vehicle to commit the offense and the
482+31 person has a prior unrelated conviction under this section
483+32 involving the use of a vehicle in the commission of the
484+33 offense;
485+34 (3) Level 3 felony if, while committing the offense, the person
486+35 operates a vehicle in a manner that causes the death or
487+36 catastrophic injury of another person; and
488+37 (4) Level 2 felony if, while committing any offense described in
489+38 subsection (a), the person operates a vehicle in a manner that
490+39 causes the death or catastrophic injury of a firefighter, an
491+40 emergency medical services provider, or a law enforcement
492+41 officer while the firefighter, emergency medical services provider,
493+42 or law enforcement officer is engaged in the firefighter's,
494+SB 324—LS 7261/DI 151 12
495+1 emergency medical services provider's, or officer's official duties.
496+2 (d) The offense under subsection (a) is a Level 6 felony if, while
497+3 committing an offense under:
498+4 (1) subsection (a)(1) or (a)(2), the person:
499+5 (A) creates a substantial risk of bodily injury to the person or
500+6 another person; and
501+7 (B) has two (2) or more prior unrelated convictions under
502+8 subsection (a); or
503+9 (2) subsection (a)(3), the person has two (2) or more prior
504+10 unrelated convictions under subsection (a).
505+11 (e) If a person uses a vehicle to commit a felony offense under
506+12 subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
507+13 penalty imposed for the offense, the court shall impose a minimum
508+14 executed sentence of at least:
509+15 (1) thirty (30) days, if the person does not have a prior unrelated
510+16 conviction under this section;
511+17 (2) one hundred eighty (180) days, if the person has one (1) prior
512+18 unrelated conviction under this section; or
513+19 (3) one (1) year, if the person has two (2) or more prior unrelated
514+20 convictions under this section.
515+21 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
516+22 minimum sentence imposed under subsection (e) may not be
517+23 suspended.
518+24 (g) If a person is convicted of an offense involving the use of a
519+25 motor vehicle under:
520+26 (1) subsection (c)(1)(A), if the person exceeded the speed limit by
521+27 at least twenty (20) miles per hour while committing the offense;
522+28 (2) subsection (c)(2); or
523+29 (3) subsection (c)(3);
524+30 the court may notify the bureau of motor vehicles to suspend or revoke
525+31 the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
526+32 period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
527+33 court shall inform the bureau whether the person has been sentenced
528+34 to a term of incarceration. At the time of conviction, the court may
529+35 obtain the person's current driver's license and return the license to the
530+36 bureau of motor vehicles.
531+37 (h) A person may not be charged or convicted of a crime under
532+38 subsection (a)(3) if the law enforcement officer is a school resource
533+39 officer acting in the officer's capacity as a school resource officer.
534+40 (i) A person who commits an offense described in subsection (c)
535+41 commits a separate offense for each person whose bodily injury,
536+42 serious bodily injury, catastrophic injury, or death is caused by a
537+SB 324—LS 7261/DI 151 13
538+1 violation of subsection (c).
539+2 (j) A court may order terms of imprisonment imposed on a person
540+3 convicted of more than one (1) offense described in subsection (c) to
541+4 run consecutively. Consecutive terms of imprisonment imposed under
542+5 this subsection are not subject to the sentencing restrictions set forth in
543+6 IC 35-50-1-2(c) through IC 35-50-1-2(d).
544+7 (k) As used in this subsection, "family member" means a child,
545+8 grandchild, parent, grandparent, or spouse of the person. It is a defense
546+9 to a prosecution under subsection (b) that the person reasonably
547+10 believed that the person's family member:
548+11 (1) was in the marked off area; and
549+12 (2) had suffered bodily injury or was at risk of suffering bodily
550+13 injury;
551+14 if the person is not charged as a defendant in connection with the
552+15 offense, if applicable, that caused the area to be secured by barrier tape
553+16 or other physical barriers.
554+17 SECTION 9. IC 35-47-4-5, AS AMENDED BY THE TECHNICAL
555+18 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
556+19 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
557+20 Sec. 5. (a) As used in this section, "serious violent felon" means a
558+21 person who has been convicted of committing a serious violent felony.
559+22 (b) As used in this section, "serious violent felony" means:
560+23 (1) murder (IC 35-42-1-1);
561+24 (2) attempted murder (IC 35-41-5-1);
562+25 (3) voluntary manslaughter (IC 35-42-1-3);
563+26 (4) reckless homicide not committed by means of a vehicle
564+27 (IC 35-42-1-5);
565+28 (5) battery (IC 35-42-2-1) as a:
566+29 (A) Class A felony, Class B felony, or Class C felony, for a
567+30 crime committed before July 1, 2014; or
568+31 (B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4
569+32 felony, or Level 5 felony, for a crime committed after June 30,
570+33 2014;
571+34 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
572+35 3 felony, Level 4 felony, or Level 5 felony;
573+36 (7) aggravated battery (IC 35-42-2-1.5);
574+37 (8) strangulation (IC 35-42-2-9);
575+38 (9) kidnapping (IC 35-42-3-2);
576+39 (10) criminal confinement (IC 35-42-3-3);
577+40 (11) a human or sexual trafficking offense under IC 35-42-3.5;
578+41 (12) rape (IC 35-42-4-1);
579+42 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
580+SB 324—LS 7261/DI 151 14
581+1 (14) child molesting (IC 35-42-4-3);
582+2 (15) sexual battery (IC 35-42-4-8) as a:
583+3 (A) Class C felony, for a crime committed before July 1, 2014;
584+4 or
585+5 (B) Level 5 felony, for a crime committed after June 30, 2014;
586+6 (16) robbery (IC 35-42-5-1);
587+7 (17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
588+8 (18) arson (IC 35-43-1-1(a)) as a:
589+9 (A) Class A felony or Class B felony, for a crime committed
590+10 before July 1, 2014; or
591+11 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
592+12 crime committed after June 30, 2014;
593+13 (19) burglary (IC 35-43-2-1) as a:
594+14 (A) Class A felony or Class B felony, for a crime committed
516595 15 before July 1, 2014; or
517-16 (B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
518-17 crime committed after June 30, 2014;
519-18 (22) escape (IC 35-44.1-3-4) as a:
520-19 (A) Class B felony or Class C felony, for a crime committed
521-20 before July 1, 2014; or
522-21 (B) Level 4 felony or Level 5 felony, for a crime committed
523-22 after June 30, 2014;
524-23 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
525-24 (A) Class C felony, for a crime committed before July 1, 2014;
526-25 or
527-26 (B) Level 5 felony, for a crime committed after June 30, 2014;
528-27 (24) criminal organization intimidation (IC 35-45-9-4);
529-28 (25) stalking (IC 35-45-10-5) as a:
530-29 (A) Class B felony or Class C felony, for a crime committed
531-30 before July 1, 2014; or
532-31 (B) Level 4 felony or Level 5 felony, for a crime committed
533-32 after June 30, 2014;
534-33 (26) incest (IC 35-46-1-3);
535-34 (27) dealing in or manufacturing cocaine or a narcotic drug (IC
536-35 35-48-4-1);
537-36 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
538-37 manufacturing methamphetamine (IC 35-48-4-1.2);
539-38 (29) dealing in a schedule I, II, or III controlled substance (IC
540-39 35-48-4-2);
541-40 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
542-41 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
543-42 or
544-ES 324—LS 7261/DI 151 13
545-1 (32) dealing in a controlled substance resulting in death (IC
546-2 35-42-1-1.5).
547-3 (c) A serious violent felon who knowingly or intentionally possesses
548-4 a firearm commits unlawful possession of a firearm by a serious violent
549-5 felon, a Level 4 felony.
550-6 SECTION 12. IC 35-47-9-2, AS AMENDED BY P.L.109-2015,
551-7 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
552-8 JULY 1, 2025]: Sec. 2. (a) A person may not be charged with an
553-9 offense under this subsection if the person may be charged with an
554-10 offense described in subsection (c). A person who knowingly or
555-11 intentionally possesses a firearm:
556-12 (1) in or on school property; or
557-13 (2) on a school bus;
558-14 commits a Level 6 felony.
559-15 (b) It is a defense to a prosecution under subsection (a) that:
560-16 (1) the person is permitted to legally possess the firearm; and
561-17 (2) the firearm is:
562-18 (A) locked in the trunk of the person's motor vehicle;
563-19 (B) kept in the glove compartment of the person's locked
564-20 motor vehicle; or
565-21 (C) stored out of plain sight in the person's locked motor
566-22 vehicle.
567-23 (c) A person who is permitted to legally possess a firearm and who
568-24 knowingly, intentionally, or recklessly leaves the firearm in plain view
569-25 in a motor vehicle that is parked in a school parking lot commits a
570-26 Class A misdemeanor.
571-27 (d) A person who knowingly or intentionally possesses an
572-28 imitation firearm:
573-29 (1) in or on school property; or
574-30 (2) on a school bus;
575-31 commits possession of an imitation firearm on school property, a
576-32 Class B misdemeanor.
577-33 SECTION 13. IC 35-48-4-1, AS AMENDED BY P.L.48-2023,
578-34 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
579-35 JULY 1, 2025]: Sec. 1. (a) A person who:
580-36 (1) knowingly or intentionally:
581-37 (A) manufactures;
582-38 (B) finances the manufacture of;
583-39 (C) delivers; or
584-40 (D) finances the delivery of;
585-41 cocaine or a narcotic drug, pure or adulterated, classified in
586-42 schedule I or II; or
587-ES 324—LS 7261/DI 151 14
596+16 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
597+17 felony, for a crime committed after June 30, 2014;
598+18 (20) assisting a criminal (IC 35-44.1-2-5) as a:
599+19 (A) Class C felony, for a crime committed before July 1, 2014;
600+20 or
601+21 (B) Level 5 felony, for a crime committed after June 30, 2014;
602+22 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
603+23 (A) Class B felony or Class C felony, for a crime committed
604+24 before July 1, 2014; or
605+25 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
606+26 felony, for a crime committed after June 30, 2014;
607+27 (22) escape (IC 35-44.1-3-4) as a:
608+28 (A) Class B felony or Class C felony, for a crime committed
609+29 before July 1, 2014; or
610+30 (B) Level 4 felony or Level 5 felony, for a crime committed
611+31 after June 30, 2014;
612+32 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
613+33 (A) Class C felony, for a crime committed before July 1, 2014;
614+34 or
615+35 (B) Level 5 felony, for a crime committed after June 30, 2014;
616+36 (24) criminal organization intimidation (IC 35-45-9-4);
617+37 (25) stalking (IC 35-45-10-5) as a:
618+38 (A) Class B felony or Class C felony, for a crime committed
619+39 before July 1, 2014; or
620+40 (B) Level 4 felony or Level 5 felony, for a crime committed
621+41 after June 30, 2014;
622+42 (26) incest (IC 35-46-1-3);
623+SB 324—LS 7261/DI 151 15
624+1 (27) dealing in or manufacturing cocaine or a narcotic drug
625+2 (IC 35-48-4-1);
626+3 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
627+4 manufacturing methamphetamine (IC 35-48-4-1.2);
628+5 (29) dealing in a schedule I, II, or III controlled substance
629+6 (IC 35-48-4-2);
630+7 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
631+8 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
632+9 or
633+10 (32) dealing in a controlled substance resulting in death
634+11 (IC 35-42-1-1.5).
635+12 (c) A serious violent felon who knowingly or intentionally possesses
636+13 a firearm commits unlawful possession of a firearm by a serious violent
637+14 felon, a Level 4 felony.
638+15 SECTION 10. IC 35-48-4-1, AS AMENDED BY P.L.48-2023,
639+16 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
640+17 JULY 1, 2025]: Sec. 1. (a) A person who:
641+18 (1) knowingly or intentionally:
642+19 (A) manufactures;
643+20 (B) finances the manufacture of;
644+21 (C) delivers; or
645+22 (D) finances the delivery of;
646+23 cocaine or a narcotic drug, pure or adulterated, classified in
647+24 schedule I or II; or
648+25 (2) possesses, with intent to:
649+26 (A) manufacture;
650+27 (B) finance the manufacture of;
651+28 (C) deliver; or
652+29 (D) finance the delivery of;
653+30 cocaine or a narcotic drug, pure or adulterated, classified in
654+31 schedule I or II;
655+32 commits dealing in cocaine or a narcotic drug, a Level 5 felony, except
656+33 as provided in subsections (b) through (e).
657+34 (b) A person may be convicted of an offense under subsection (a)(2)
658+35 only if:
659+36 (1) there is evidence in addition to the weight of the drug that the
660+37 person intended to manufacture, finance the manufacture of,
661+38 deliver, or finance the delivery of the drug; or
662+39 (2) the amount of the drug involved is at least twenty-eight (28)
663+40 grams.
664+41 (c) The offense is a Level 4 felony if:
665+42 (1) the amount of the drug involved is at least one (1) gram but
666+SB 324—LS 7261/DI 151 16
667+1 less than five (5) grams;
668+2 (2) the amount of the drug involved is less than one (1) gram and
669+3 an enhancing circumstance applies; or
670+4 (3) the drug is heroin and the amount of heroin involved,
671+5 aggregated over a period of not more than ninety (90) days, is at
672+6 least three (3) grams but less than seven (7) grams. or
673+7 (4) the drug is a fentanyl containing substance and the amount of
674+8 fentanyl containing substance involved, aggregated over a period
675+9 of not more than ninety (90) days, is at least one (1) gram but less
676+10 than three (3) grams.
677+11 (d) The offense is a Level 3 felony if:
678+12 (1) the amount of the drug involved is at least five (5) grams but
679+13 less than ten (10) grams;
680+14 (2) the amount of the drug involved is at least one (1) gram but
681+15 less than five (5) grams and an enhancing circumstance applies;
682+16 (3) the drug is heroin and the amount of heroin involved,
683+17 aggregated over a period of not more than ninety (90) days, is at
684+18 least seven (7) grams but less than twelve (12) grams;
685+19 (4) the drug is heroin and:
686+20 (A) the amount of heroin involved, aggregated over a period
687+21 of not more than ninety (90) days, is at least three (3) grams
688+22 but less than seven (7) grams; and
689+23 (B) an enhancing circumstance applies; or
690+24 (5) the drug is a fentanyl containing substance and the amount of
691+25 fentanyl containing substance involved, aggregated over a period
692+26 of not more than ninety (90) days, is at least three (3) grams but
693+27 less than seven (7) grams; or
694+28 (6) the drug is a fentanyl containing substance and:
695+29 (A) the amount of fentanyl containing substance involved,
696+30 aggregated over a period of not more than ninety (90) days, is
697+31 at least one (1) gram but less than three (3) grams; and
698+32 (B) an enhancing circumstance applies.
699+33 (5) the drug is a fentanyl containing substance and the amount
700+34 of fentanyl containing substance involved, aggregated over a
701+35 period of not more than ninety (90) days, is at least one (1)
702+36 gram but less than three (3) grams.
703+37 (e) The offense is a Level 2 felony if:
704+38 (1) the amount of the drug involved is at least ten (10) grams;
705+39 (2) the amount of the drug involved is at least five (5) grams but
706+40 less than ten (10) grams and an enhancing circumstance applies;
707+41 (3) the drug is heroin and the amount of heroin involved,
708+42 aggregated over a period of not more than ninety (90) days, is at
709+SB 324—LS 7261/DI 151 17
710+1 least twelve (12) grams;
711+2 (4) the drug is heroin and:
712+3 (A) the amount of heroin involved, aggregated over a period
713+4 of not more than ninety (90) days, is at least seven (7) grams
714+5 but less than twelve (12) grams; and
715+6 (B) an enhancing circumstance applies;
716+7 (5) the drug is a fentanyl containing substance and the amount of
717+8 fentanyl containing substance involved, aggregated over a period
718+9 of not more than ninety (90) days, is at least seven (7) grams; or
719+10 (6) the drug is a fentanyl containing substance and:
720+11 (A) the amount of fentanyl containing substance involved,
721+12 aggregated over a period of not more than ninety (90) days, is
722+13 at least three (3) grams but less than seven (7) grams; and
723+14 (B) an enhancing circumstance applies.
724+15 (5) the drug is a fentanyl containing substance and the amount
725+16 of fentanyl containing substance involved, aggregated over a
726+17 period of not more than ninety (90) days, is at least three (3)
727+18 grams but less than seven (7) grams; or
728+19 (6) the drug is a fentanyl containing substance and:
729+20 (A) the amount of fentanyl containing substance involved,
730+21 aggregated over a period of not more than ninety (90)
731+22 days, is at least one (1) gram but less than three (3) grams;
732+23 and
733+24 (B) an enhancing circumstance applies.
734+25 (f) The offense is a Level 1 felony if:
735+26 (1) the drug is a fentanyl containing substance and the amount
736+27 of fentanyl containing substance involved, aggregated over a
737+28 period of not more than ninety (90) days, is at least seven (7)
738+29 grams; or
739+30 (2) the drug is a fentanyl containing substance and:
740+31 (A) the amount of fentanyl containing substance involved,
741+32 aggregated over a period of not more than ninety (90)
742+33 days, is at least three (3) grams but less than seven (7)
743+34 grams; and
744+35 (B) an enhancing circumstance applies.
745+36 SECTION 11. IC 35-48-4-1.1, AS AMENDED BY P.L.252-2017,
746+37 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
747+38 JULY 1, 2025]: Sec. 1.1. (a) A person who:
748+39 (1) knowingly or intentionally:
749+40 (A) delivers; or
750+41 (B) finances the delivery of;
751+42 methamphetamine, pure or adulterated; or
752+SB 324—LS 7261/DI 151 18
588753 1 (2) possesses, with intent to:
589-2 (A) manufacture;
590-3 (B) finance the manufacture of;
591-4 (C) deliver; or
592-5 (D) finance the delivery of;
593-6 cocaine or a narcotic drug, pure or adulterated, classified in
594-7 schedule I or II;
595-8 commits dealing in cocaine or a narcotic drug, a Level 5 felony, except
596-9 as provided in subsections (b) through (e).
597-10 (b) A person may be convicted of an offense under subsection (a)(2)
598-11 only if:
599-12 (1) there is evidence in addition to the weight of the drug that the
600-13 person intended to manufacture, finance the manufacture of,
601-14 deliver, or finance the delivery of the drug; or
602-15 (2) the amount of the drug involved is at least twenty-eight (28)
603-16 grams.
604-17 (c) The offense is a Level 4 felony if:
605-18 (1) the amount of the drug involved is at least one (1) gram but
606-19 less than five (5) grams;
607-20 (2) the amount of the drug involved is less than one (1) gram and
608-21 an enhancing circumstance applies;
609-22 (3) the drug is heroin and the amount of heroin involved,
610-23 aggregated over a period of not more than ninety (90) days, is at
611-24 least three (3) grams but less than seven (7) grams; or
612-25 (4) the drug is a fentanyl containing substance and the amount of
613-26 fentanyl containing substance involved aggregated over a period
614-27 of not more than ninety (90) days, is at least one (1) gram but is
615-28 less than three (3) grams. one (1) gram.
616-29 (d) The offense is a Level 3 felony if:
617-30 (1) the amount of the drug involved is at least five (5) grams but
618-31 less than ten (10) grams;
619-32 (2) the amount of the drug involved is at least one (1) gram but
620-33 less than five (5) grams and an enhancing circumstance applies;
621-34 (3) the drug is heroin and the amount of heroin involved,
622-35 aggregated over a period of not more than ninety (90) days, is at
623-36 least seven (7) grams but less than twelve (12) grams;
624-37 (4) the drug is heroin and:
625-38 (A) the amount of heroin involved, aggregated over a period
626-39 of not more than ninety (90) days, is at least three (3) grams
627-40 but less than seven (7) grams; and
628-41 (B) an enhancing circumstance applies;
629-42 (5) the drug is a fentanyl containing substance and the amount of
630-ES 324—LS 7261/DI 151 15
631-1 fentanyl containing substance involved, aggregated over a period
632-2 of not more than ninety (90) days, is at least three (3) grams one
633-3 (1) gram but less than seven (7) five (5) grams; or
634-4 (6) the drug is a fentanyl containing substance and:
635-5 (A) the amount of fentanyl containing substance involved
636-6 aggregated over a period of not more than ninety (90) days, is
637-7 at least one (1) gram but is less than three (3) grams; one (1)
638-8 gram; and
639-9 (B) an enhancing circumstance applies.
640-10 (e) The offense is a Level 2 felony if:
641-11 (1) the amount of the drug involved is at least ten (10) grams;
642-12 (2) the amount of the drug involved is at least five (5) grams but
643-13 less than ten (10) grams and an enhancing circumstance applies;
644-14 (3) the drug is heroin and the amount of heroin involved,
645-15 aggregated over a period of not more than ninety (90) days, is at
646-16 least twelve (12) grams;
647-17 (4) the drug is heroin and:
648-18 (A) the amount of heroin involved, aggregated over a period
649-19 of not more than ninety (90) days, is at least seven (7) grams
650-20 but less than twelve (12) grams; and
651-21 (B) an enhancing circumstance applies;
652-22 (5) the drug is a fentanyl containing substance and the amount of
653-23 fentanyl containing substance involved, aggregated over a period
654-24 of not more than ninety (90) days, is at least seven (7) five (5)
655-25 grams; or
656-26 (6) the drug is a fentanyl containing substance and:
657-27 (A) the amount of fentanyl containing substance involved,
658-28 aggregated over a period of not more than ninety (90) days, is
659-29 at least three (3) grams one (1) gram but less than seven (7)
660-30 five (5) grams; and
661-31 (B) an enhancing circumstance applies.
662-ES 324—LS 7261/DI 151 16
754+2 (A) deliver; or
755+3 (B) finance the delivery of;
756+4 methamphetamine, pure or adulterated;
757+5 commits dealing in methamphetamine, a Level 5 Level 4 felony, except
758+6 as provided in subsections (b) through (e).
759+7 (b) A person may be convicted of an offense under subsection (a)(2)
760+8 only if:
761+9 (1) there is evidence in addition to the weight of the drug that the
762+10 person intended to deliver or finance the delivery of the drug; or
763+11 (2) the amount of the drug involved is at least twenty-eight (28)
764+12 grams.
765+13 (c) The offense is a Level 4 Level 3 felony if:
766+14 (1) the amount of the drug involved is at least one (1) gram but
767+15 less than five (5) grams; or
768+16 (2) the amount of the drug involved is less than one (1) gram and
769+17 an enhancing circumstance applies.
770+18 (d) The offense is a Level 3 Level 2 felony if:
771+19 (1) the amount of the drug involved is at least five (5) grams but
772+20 less than ten (10) grams; or
773+21 (2) the amount of the drug involved is at least one (1) gram but
774+22 less than five (5) grams and an enhancing circumstance applies.
775+23 (e) The offense is a Level 2 Level 1 felony if:
776+24 (1) the amount of the drug involved is at least ten (10) grams; or
777+25 (2) the amount of the drug involved is at least five (5) grams but
778+26 less than ten (10) grams and an enhancing circumstance applies.
779+27 SECTION 12. IC 35-48-4-1.2, AS ADDED BY P.L.252-2017,
780+28 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
781+29 JULY 1, 2025]: Sec. 1.2. (a) A person who knowingly or intentionally
782+30 manufactures or finances the manufacture of methamphetamine, pure
783+31 or adulterated, commits manufacturing methamphetamine, a Level 4
784+32 Level 3 felony, except as provided in subsections (b) and (c).
785+33 (b) The offense is a Level 3 Level 2 felony if:
786+34 (1) the amount of the drug involved is at least five (5) grams but
787+35 less than ten (10) grams; or
788+36 (2) the amount of the drug involved is at least one (1) gram but
789+37 less than five (5) grams and an enhancing circumstance applies.
790+38 (c) The offense is a Level 2 Level 1 felony if:
791+39 (1) the amount of the drug involved is at least ten (10) grams;
792+40 (2) the amount of the drug involved is at least five (5) grams but
793+41 less than ten (10) grams and an enhancing circumstance applies;
794+42 (3) the manufacture of the drug results in serious bodily injury to
795+SB 324—LS 7261/DI 151 19
796+1 a person other than the manufacturer; or
797+2 (4) the manufacture of the drug results in the death of a person
798+3 other than the manufacturer.
799+4 SECTION 13. IC 35-50-1-2, AS AMENDED BY P.L.142-2020,
800+5 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
801+6 JULY 1, 2025]: Sec. 2. (a) As used in this section, "crime of violence"
802+7 means the following:
803+8 (1) Murder (IC 35-42-1-1).
804+9 (2) Attempted murder (IC 35-41-5-1).
805+10 (3) Voluntary manslaughter (IC 35-42-1-3).
806+11 (4) Involuntary manslaughter (IC 35-42-1-4).
807+12 (5) Reckless homicide (IC 35-42-1-5).
808+13 (6) Battery (IC 35-42-2-1) as a:
809+14 (A) Level 1 felony;
810+15 (A) (B) Level 2 felony;
811+16 (B) (C) Level 3 felony;
812+17 (C) (D) Level 4 felony; or
813+18 (D) (E) Level 5 felony.
814+19 (7) Domestic battery (IC 35-42-2-1.3) as a:
815+20 (A) Level 2 felony;
816+21 (B) Level 3 felony;
817+22 (C) Level 4 felony; or
818+23 (D) Level 5 felony.
819+24 (8) Aggravated battery (IC 35-42-2-1.5).
820+25 (9) Kidnapping (IC 35-42-3-2).
821+26 (10) Rape (IC 35-42-4-1).
822+27 (11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
823+28 (12) Child molesting (IC 35-42-4-3).
824+29 (13) Sexual misconduct with a minor as a Level 1 felony under
825+30 IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
826+31 (14) Robbery as a Level 2 felony or a Level 3 felony
827+32 (IC 35-42-5-1).
828+33 (15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
829+34 or Level 4 felony (IC 35-43-2-1).
830+35 (16) Operating a vehicle while intoxicated causing death or
831+36 catastrophic injury (IC 9-30-5-5).
832+37 (17) Operating a vehicle while intoxicated causing serious bodily
833+38 injury to another person (IC 9-30-5-4).
834+39 (18) Child exploitation as a Level 5 felony under IC 35-42-4-4(b)
835+40 or a Level 4 felony under IC 35-42-4-4(c).
836+41 (19) Resisting law enforcement as a felony (IC 35-44.1-3-1).
837+42 (20) Unlawful possession of a firearm by a serious violent felon
838+SB 324—LS 7261/DI 151 20
839+1 (IC 35-47-4-5).
840+2 (21) Strangulation (IC 35-42-2-9) as a Level 5 felony.
841+3 (b) As used in this section, "episode of criminal conduct" means
842+4 offenses or a connected series of offenses that are closely related in
843+5 time, place, and circumstance.
844+6 (c) Except as provided in subsection (e) or (f) the court shall
845+7 determine whether terms of imprisonment shall be served concurrently
846+8 or consecutively. The court may consider the:
847+9 (1) aggravating circumstances in IC 35-38-1-7.1(a); and
848+10 (2) mitigating circumstances in IC 35-38-1-7.1(b);
849+11 in making a determination under this subsection. The court may order
850+12 terms of imprisonment to be served consecutively even if the sentences
851+13 are not imposed at the same time. However, except for crimes of
852+14 violence, the total of the consecutive terms of imprisonment, exclusive
853+15 of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10
854+16 (before its repeal) to which the defendant is sentenced for felony
855+17 convictions arising out of an episode of criminal conduct shall not
856+18 exceed the period described in subsection (d).
857+19 (d) Except as provided in subsection (c), the total of the consecutive
858+20 terms of imprisonment to which the defendant is sentenced for felony
859+21 convictions arising out of an episode of criminal conduct may not
860+22 exceed the following:
861+23 (1) If the most serious crime for which the defendant is sentenced
862+24 is a Level 6 felony, the total of the consecutive terms of
863+25 imprisonment may not exceed four (4) years.
864+26 (2) If the most serious crime for which the defendant is sentenced
865+27 is a Level 5 felony, the total of the consecutive terms of
866+28 imprisonment may not exceed seven (7) years.
867+29 (3) If the most serious crime for which the defendant is sentenced
868+30 is a Level 4 felony, the total of the consecutive terms of
869+31 imprisonment may not exceed fifteen (15) years.
870+32 (4) If the most serious crime for which the defendant is sentenced
871+33 is a Level 3 felony, the total of the consecutive terms of
872+34 imprisonment may not exceed twenty (20) years.
873+35 (5) If the most serious crime for which the defendant is sentenced
874+36 is a Level 2 felony, the total of the consecutive terms of
875+37 imprisonment may not exceed thirty-two (32) years.
876+38 (6) If the most serious crime for which the defendant is sentenced
877+39 is a Level 1 felony, the total of the consecutive terms of
878+40 imprisonment may not exceed forty-two (42) years.
879+41 (e) If, after being arrested for one (1) crime, a person commits
880+42 another crime:
881+SB 324—LS 7261/DI 151 21
882+1 (1) before the date the person is discharged from probation,
883+2 parole, or a term of imprisonment imposed for the first crime; or
884+3 (2) while the person is released:
885+4 (A) upon the person's own recognizance; or
886+5 (B) on bond;
887+6 the terms of imprisonment for the crimes shall be served consecutively,
888+7 regardless of the order in which the crimes are tried and sentences are
889+8 imposed.
890+9 (f) If the factfinder determines under IC 35-50-2-11 that a person
891+10 used a firearm in the commission of the offense for which the person
892+11 was convicted, the term of imprisonment for the underlying offense and
893+12 the additional term of imprisonment imposed under IC 35-50-2-11
894+13 must be served consecutively.
895+SB 324—LS 7261/DI 151 22
663896 COMMITTEE REPORT
664897 Mr. President: The Senate Committee on Corrections and Criminal
665898 Law, to which was referred Senate Bill No. 324, has had the same
666899 under consideration and begs leave to report the same back to the
667900 Senate with the recommendation that said bill be AMENDED as
668901 follows:
669902 Page 5, delete lines 18 through 26, begin a new paragraph and
670903 insert:
671904 "SECTION 4. IC 35-33-8-3.4 IS ADDED TO THE INDIANA
672905 CODE AS A NEW SECTION TO READ AS FOLLOWS
673906 [EFFECTIVE JULY 1, 2025]: Sec. 3.4. (a) This section applies only
674907 to a violent arrestee.
675908 (b) The following definitions apply throughout this section:
676909 (1) "Crime of violence" means an offense:
677910 (A) described in IC 35-50-1-2(a); and
678911 (B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
679912 felony.
680913 (2) "Default bail schedule" means the following minimum bail
681914 amounts, based on the most serious charged crime:
682915 (A) For murder, no bail.
683916 (B) For a Class A felony, Level 1 felony, or Level 2 felony,
684917 fifty thousand dollars ($50,000).
685918 (C) For a Class B felony, Level 3 felony, or Level 4 felony,
686919 twenty thousand dollars ($20,000).
687920 (D) For a Class C felony or Level 5 felony that is a crime of
688921 domestic violence, twenty-five thousand dollars ($25,000).
689922 (E) For a Class C felony or Level 5 felony that is not a
690923 crime of domestic violence, seven thousand five hundred
691924 dollars ($7,500).
692925 (F) For a Class D felony or Level 6 felony, five hundred
693926 dollars ($500).
694927 (3) "Minimum bail amount" means:
695928 (A) if:
696929 (i) the court has adopted a bail schedule, the bail amount
697930 prescribed for a particular offense in the court's bail
698931 schedule; or
699932 (ii) the court has not adopted a bail schedule, the default
700933 bail schedule; or
701934 (B) if the violent arrestee has a prior conviction for a crime
702935 of violence, twice the bail amount prescribed for a
703936 particular offense in the court's bail schedule or default
704937 bail schedule (whichever applies) for a violent arrestee
705-ES 324—LS 7261/DI 151 17
938+SB 324—LS 7261/DI 151 23
706939 without a prior conviction for a crime of violence;
707940 as applicable.
708941 (4) "Repeat violent arrestee" means a person arrested for or
709942 charged with a crime of violence who has a prior conviction
710943 for a crime of violence.
711944 (5) "Violent arrestee" means a person arrested for or charged
712945 with a crime of violence.
713946 (c) A violent arrestee may not be released pursuant to a bail
714947 schedule, and may only be released on bail set individually by the
715948 court following a hearing held in open court. Except as provided in
716949 section 6 of this chapter, the court shall conduct a bail hearing not
717950 later than forty-eight (48) hours after the person has been arrested,
718951 unless exigent circumstances prevent holding the hearing within
719952 forty-eight (48) hours. Before releasing a violent arrestee on bail,
720953 the court must review the probable cause affidavit or arrest
721954 warrant.
722955 (d) A repeat violent arrestee may not be released pursuant to a
723956 bail schedule, and may only be released on bail set individually by
724957 the court following a hearing held in open court. Except as
725958 provided in section 6 of this chapter, the court shall conduct a bail
726959 hearing not later than forty-eight (48) hours after the person has
727960 been arrested, unless exigent circumstances prevent holding the
728961 hearing within forty-eight (48) hours. Before releasing a repeat
729962 violent arrestee on bail, the court must review the probable cause
730963 affidavit or arrest warrant. If a court releases a repeat violent
731964 arrestee on bail, the court must impose bail in an amount that
732965 equals or exceeds the minimum bail amount for the repeat violent
733966 arrestee's most serious offense.
734967 (e) A third party may not pay money bail imposed under this
735968 section on behalf of a repeat violent arrestee (even for the portion
736969 that exceeds the minimum bail amount) unless the third party is a
737970 close relative (as defined in IC 33-23-11-2) of the repeat violent
738971 arrestee.".
739972 and when so amended that said bill do pass and be reassigned to the
740973 Senate Committee on Appropriations.
741974 (Reference is to SB 324 as introduced.)
742975 FREEMAN, Chairperson
743976 Committee Vote: Yeas 8, Nays 1.
744-ES 324—LS 7261/DI 151 18
977+SB 324—LS 7261/DI 151 24
745978 COMMITTEE REPORT
746979 Mr. President: The Senate Committee on Appropriations, to which
747980 was referred Senate Bill No. 324, has had the same under consideration
748981 and begs leave to report the same back to the Senate with the
749982 recommendation that said bill DO PASS.
750983 (Reference is to SB 324 as printed January 29, 2025.)
751984
752985 MISHLER, Chairperson
753986 Committee Vote: Yeas 10, Nays 3
754987 _____
755988 SENATE MOTION
756989 Mr. President: I move that Senate Bill 324 be amended to read as
757990 follows:
758991 Page 10, between lines 21 and 22, begin a new paragraph and insert:
759992 "SECTION 7. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
760993 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
761994 JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
762995 (1) forcibly resists, obstructs, or interferes with a law enforcement
763996 officer or a person assisting the officer while the officer is
764997 lawfully engaged in the execution of the officer's duties;
765998 (2) forcibly resists, obstructs, or interferes with the authorized
766999 service or execution of a civil or criminal process or order of a
7671000 court; or
7681001 (3) flees from a law enforcement officer after the officer has, by
7691002 visible or audible means, including operation of the law
7701003 enforcement officer's siren or emergency lights, identified himself
7711004 or herself and ordered the person to stop;
7721005 commits resisting law enforcement, a Class A misdemeanor, except as
7731006 provided in subsection (c).
7741007 (b) A person who, having been denied entry by a firefighter, an
7751008 emergency medical services provider, or a law enforcement officer,
7761009 knowingly or intentionally enters an area that is marked off with barrier
7771010 tape or other physical barriers, commits interfering with public safety,
7781011 a Class B misdemeanor, except as provided in subsection (c) or (k).
7791012 (c) The offense under subsection (a) or (b) is a:
7801013 (1) Level 6 Level 5 felony if:
7811014 (A) the person uses a vehicle to commit the offense; or
7821015 (B) while committing the offense, the person:
783-ES 324—LS 7261/DI 151 19
1016+SB 324—LS 7261/DI 151 25
7841017 (i) draws or uses a deadly weapon;
7851018 (ii) inflicts bodily injury on or otherwise causes bodily injury
7861019 to another person; or
7871020 (iii) operates a vehicle in a manner that creates a substantial
7881021 risk of bodily injury to another person;
7891022 (2) Level 5 Level 4 felony if:
7901023 (A) while committing the offense, the person operates a
7911024 vehicle in a manner that causes serious bodily injury to another
7921025 person; or
7931026 (B) the person uses a vehicle to commit the offense and the
7941027 person has a prior unrelated conviction under this section
7951028 involving the use of a vehicle in the commission of the
7961029 offense;
7971030 (3) Level 3 felony if, while committing the offense, the person
7981031 operates a vehicle in a manner that causes the death or
7991032 catastrophic injury of another person; and
8001033 (4) Level 2 felony if, while committing any offense described in
8011034 subsection (a), the person operates a vehicle in a manner that
8021035 causes the death or catastrophic injury of a firefighter, an
8031036 emergency medical services provider, or a law enforcement
8041037 officer while the firefighter, emergency medical services provider,
8051038 or law enforcement officer is engaged in the firefighter's,
8061039 emergency medical services provider's, or officer's official duties.
8071040 (d) The offense under subsection (a) is a Level 6 felony if, while
8081041 committing an offense under:
8091042 (1) subsection (a)(1) or (a)(2), the person:
8101043 (A) creates a substantial risk of bodily injury to the person or
8111044 another person; and
8121045 (B) has two (2) or more prior unrelated convictions under
8131046 subsection (a); or
8141047 (2) subsection (a)(3), the person has two (2) or more prior
8151048 unrelated convictions under subsection (a).
8161049 (e) If a person uses a vehicle to commit a felony offense under
8171050 subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
8181051 penalty imposed for the offense, the court shall impose a minimum
8191052 executed sentence of at least:
8201053 (1) thirty (30) days, if the person does not have a prior unrelated
8211054 conviction under this section;
8221055 (2) one hundred eighty (180) days, if the person has one (1) prior
8231056 unrelated conviction under this section; or
8241057 (3) one (1) year, if the person has two (2) or more prior unrelated
8251058 convictions under this section.
826-ES 324—LS 7261/DI 151 20
1059+SB 324—LS 7261/DI 151 26
8271060 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
8281061 minimum sentence imposed under subsection (e) may not be
8291062 suspended.
8301063 (g) If a person is convicted of an offense involving the use of a
8311064 motor vehicle under:
8321065 (1) subsection (c)(1)(A), if the person exceeded the speed limit by
8331066 at least twenty (20) miles per hour while committing the offense;
8341067 (2) subsection (c)(2); or
8351068 (3) subsection (c)(3);
8361069 the court may notify the bureau of motor vehicles to suspend or revoke
8371070 the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
8381071 period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
8391072 court shall inform the bureau whether the person has been sentenced
8401073 to a term of incarceration. At the time of conviction, the court may
8411074 obtain the person's current driver's license and return the license to the
8421075 bureau of motor vehicles.
8431076 (h) A person may not be charged or convicted of a crime under
8441077 subsection (a)(3) if the law enforcement officer is a school resource
8451078 officer acting in the officer's capacity as a school resource officer.
8461079 (i) A person who commits an offense described in subsection (c)
8471080 commits a separate offense for each person whose bodily injury,
8481081 serious bodily injury, catastrophic injury, or death is caused by a
8491082 violation of subsection (c).
8501083 (j) A court may order terms of imprisonment imposed on a person
8511084 convicted of more than one (1) offense described in subsection (c) to
8521085 run consecutively. Consecutive terms of imprisonment imposed under
8531086 this subsection are not subject to the sentencing restrictions set forth in
8541087 IC 35-50-1-2(c) through IC 35-50-1-2(d).
8551088 (k) As used in this subsection, "family member" means a child,
8561089 grandchild, parent, grandparent, or spouse of the person. It is a defense
8571090 to a prosecution under subsection (b) that the person reasonably
8581091 believed that the person's family member:
8591092 (1) was in the marked off area; and
8601093 (2) had suffered bodily injury or was at risk of suffering bodily
8611094 injury;
8621095 if the person is not charged as a defendant in connection with the
8631096 offense, if applicable, that caused the area to be secured by barrier tape
8641097 or other physical barriers.".
8651098 Page 11, line 30, after "Level 3 felony," insert "Level 4 felony,".
8661099 Renumber all SECTIONS consecutively.
867-ES 324—LS 7261/DI 151 21
1100+SB 324—LS 7261/DI 151 27
8681101 (Reference is to SB 324 as printed February 14, 2025.)
8691102 BALDWIN
8701103 _____
8711104 SENATE MOTION
8721105 Mr. President: I move that Senate Bill 324 be amended to read as
8731106 follows:
8741107 Page 6, between lines 41 and 42, begin a new paragraph and insert:
8751108 "SECTION 8. IC 35-33-8-11, AS AMENDED BY P.L.84-2022,
8761109 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8771110 JULY 1, 2025]: Sec. 11. (a) Except as provided in subsection (c), a
8781111 court may require a person who has been charged with a crime of
8791112 domestic violence (as described in IC 35-31.5-2-78) to wear a
8801113 monitoring device as a condition of bail.
8811114 (b) A court may order a person who is required to wear a monitoring
8821115 device under subsection (a) to pay any costs associated with the
8831116 monitoring device.
8841117 (c) A court shall require a person to wear a monitoring device
8851118 as a condition of bail if the person:
8861119 (1) is charged with a crime of domestic violence (as described
8871120 in IC 35-31.5-2-78);
8881121 (2) has a prior unrelated conviction for a violent offense (as
8891122 described in IC 11-12-3.7-6); and
8901123 (3) has at least one (1) prior conviction for invasion of privacy
8911124 (as described in IC 35-46-1-15.1).".
8921125 Renumber all SECTIONS consecutively.
8931126 (Reference is to SB 324 as printed February 14, 2025.)
8941127 QADDOURA
895-_____
896-COMMITTEE REPORT
897-Mr. Speaker: Your Committee on Courts and Criminal Code, to
898-which was referred Senate Bill 324, has had the same under
899-consideration and begs leave to report the same back to the House with
900-the recommendation that said bill be amended as follows:
901-ES 324—LS 7261/DI 151 22
902-Page 1, delete lines 1 through 17, begin a new paragraph and insert:
903-"SECTION 1. IC 9-30-10-4, AS AMENDED BY P.L.201-2019,
904-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
905-JULY 1, 2025]: Sec. 4. (a) A person who has accumulated at least two
906-(2) judgments within a ten (10) year period for any of the following
907-violations, singularly or in combination, and not arising out of the same
908-incident, is a habitual violator:
909-(1) Reckless homicide resulting from the operation of a motor
910-vehicle.
911-(2) Voluntary or involuntary manslaughter resulting from the
912-operation of a motor vehicle.
913-(3) Failure of the operator of a motor vehicle involved in an
914-accident resulting in death or injury to any person to stop at the
915-scene of the accident and give the required information and
916-assistance.
917-(4) Operation of a vehicle while intoxicated resulting in death.
918-(5) Before July 1, 1997, operation of a vehicle with at least
919-ten-hundredths percent (0.10%) alcohol in the blood resulting in
920-death.
921-(6) After June 30, 1997, and before July 1, 2001, operation of a
922-vehicle with an alcohol concentration equivalent to at least
923-ten-hundredths (0.10) gram of alcohol per:
924-(A) one hundred (100) milliliters of the blood; or
925-(B) two hundred ten (210) liters of the breath;
926-resulting in death.
927-(7) After June 30, 2001, operation of a vehicle with an alcohol
928-concentration equivalent to at least eight-hundredths (0.08) gram
929-of alcohol per:
930-(A) one hundred (100) milliliters of the blood; or
931-(B) two hundred ten (210) liters of the breath;
932-resulting in death.
933-(b) A person who has accumulated at least three (3) judgments
934-within a ten (10) year period for any of the following violations,
935-singularly or in combination, and not arising out of the same incident,
936-is a habitual violator:
937-(1) Operation of a vehicle while intoxicated.
938-(2) Before July 1, 1997, operation of a vehicle with at least
939-ten-hundredths percent (0.10%) alcohol in the blood.
940-(3) After June 30, 1997, and before July 1, 2001, operation of a
941-vehicle with an alcohol concentration equivalent to at least
942-ten-hundredths (0.10) gram of alcohol per:
943-(A) one hundred (100) milliliters of the blood; or
944-ES 324—LS 7261/DI 151 23
945-(B) two hundred ten (210) liters of the breath.
946-(4) After June 30, 2001, operation of a vehicle with an alcohol
947-concentration equivalent to at least eight-hundredths (0.08) gram
948-of alcohol per:
949-(A) one hundred (100) milliliters of the blood; or
950-(B) two hundred ten (210) liters of the breath.
951-(5) Reckless driving.
952-(6) Criminal recklessness as a felony involving the operation of
953-a motor vehicle.
954-(7) Drag racing or engaging in a speed contest in violation of law.
955-(8) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46
956-(repealed July 1, 1991), IC 9-26-1-1(1) (repealed January 1,
957-2015), IC 9-26-1-1(2) (repealed January 1, 2015), IC 9-26-1-2(1)
958-(repealed January 1, 2015), IC 9-26-1-2(2) (repealed January 1,
959-2015), IC 9-26-1-3 (repealed January 1, 2015), IC 9-26-1-4
960-(repealed January 1, 2015), or IC 9-26-1-1.1.
961-(9) Resisting law enforcement under IC 35-44.1-3-1(c)(1)(A),
962-IC 35-44.1-3-1(c)(2), IC 35-44.1-3-1(c)(3), or
963-IC 35-44.1-3-1(c)(4). IC 35-44.1-3-1(c)(1),
964-IC 35-44.1-3-1(c)(2)(C) through IC 35-44.1-3-1(c)(2)(E),
965-IC 35-44.1-3-1(c)(3), or IC 35-44.1-3-1(c)(4).
966-(10) Any felony under this title or any felony in which the
967-operation of a motor vehicle is an element of the offense.
968-A judgment for a violation enumerated in subsection (a) shall be added
969-to the violations described in this subsection for the purposes of this
970-subsection.
971-(c) A person who has accumulated at least ten (10) judgments
972-within a ten (10) year period for any traffic violation, except a parking
973-or an equipment violation, of the type required to be reported to the
974-bureau, singularly or in combination, and not arising out of the same
975-incident, is a habitual violator. However, at least one (1) of the
976-judgments must be for:
977-(1) a violation enumerated in subsection (a);
978-(2) a violation enumerated in subsection (b);
979-(3) operating a motor vehicle while the person's license to do so
980-has been suspended or revoked as a result of the person's
981-conviction of an offense under IC 9-1-4-52 (repealed July 1,
982-1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-2, or
983-IC 9-24-19-3; or
984-(4) operating a motor vehicle without ever having obtained a
985-license to do so.
986-A judgment for a violation enumerated in subsection (a) or (b) shall be
987-ES 324—LS 7261/DI 151 24
988-added to the judgments described in this subsection for the purposes of
989-this subsection.
990-(d) For purposes of this section, a judgment includes a judgment in
991-any other jurisdiction in which the elements of the offense for which
992-the conviction was entered are substantially similar to the elements of
993-the offenses described in subsections (a), (b), and (c).
994-(e) For purposes of this section, the offense date is used when
995-determining the number of judgments accumulated within a ten (10)
996-year period.
997-SECTION 2. IC 35-31.5-2-164.4 IS ADDED TO THE INDIANA
998-CODE AS A NEW SECTION TO READ AS FOLLOWS
999-[EFFECTIVE JULY 1, 2025]: Sec. 164.4 "Imitation firearm", for
1000-purposes of IC 35-47, has the meaning set forth in IC 35-47-1-6.5.
1001-SECTION 3. IC 35-33-1-1.7 IS REPEALED [EFFECTIVE JULY
1002-1, 2025]. Sec. 1.7. (a) A facility having custody of a person arrested for
1003-a crime of domestic violence (as described in IC 35-31.5-2-78) shall
1004-keep the person in custody for at least eight (8) hours from the time of
1005-the arrest.
1006-(b) A person described in subsection (a) may not be released on bail
1007-until at least eight (8) hours from the time of the person's arrest.
1008-SECTION 4. IC 35-33-8-0.4 IS ADDED TO THE INDIANA CODE
1009-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1010-1, 2025]: Sec. 0.4. Any bail hearing required or permitted to be
1011-conducted under this chapter, including a hearing required to be
1012-conducted in open court, may be conducted virtually.".
1013-Delete pages 2 through 5.
1014-Page 6, delete lines 1 through 41, begin a new paragraph and insert:
1015-"SECTION 5. IC 35-33-8-3.4 IS ADDED TO THE INDIANA
1016-CODE AS A NEW SECTION TO READ AS FOLLOWS
1017-[EFFECTIVE JULY 1, 2025]: Sec. 3.4. (a) This section applies only
1018-to a violent arrestee.
1019-(b) The following definitions apply throughout this section:
1020-(1) "Crime of violence" means an offense:
1021-(A) described in IC 35-50-1-2(a); and
1022-(B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
1023-felony.
1024-(2) "Repeat violent arrestee" means a person arrested for or
1025-charged with a crime of violence who has a prior conviction
1026-for a crime of violence.
1027-(3) "Violent arrestee" means a person arrested for or charged
1028-with a crime of violence.
1029-(c) A violent arrestee may only be released on bail set
1030-ES 324—LS 7261/DI 151 25
1031-individually by the court following a hearing held in open court.
1032-Before releasing a violent arrestee on bail, the court must review
1033-the probable cause affidavit or arrest warrant.
1034-(d) A repeat violent arrestee may only be released on bail set
1035-individually by the court following a hearing held in open court.
1036-Before releasing a repeat violent arrestee on bail, the court must
1037-review the probable cause affidavit or arrest warrant. If a court
1038-releases a repeat violent arrestee on bail, the court must impose
1039-money bail payable by surety bond or cash deposit.
1040-SECTION 6. IC 35-33-8-6.5, AS AMENDED BY P.L.28-2023,
1041-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1042-JULY 1, 2025]: Sec. 6.5. (a) The court, or a facility having custody
1043-of a person, may not release a person on bail for at least twenty-four
1044-(24) hours from the time of the person's arrest if the person is arrested
1045-for one (1) or more of the following offenses committed against a
1046-family or household member:
1047-(1) A crime of domestic violence (as described in
1048-IC 35-31.5-2-78).
1049-(2) Battery (IC 35-42-2-1).
1050-(3) Domestic battery (IC 35-42-2-1.3).
1051-(4) Aggravated battery (IC 35-42-2-1.5).
1052-(5) Strangulation (IC 35-42-2-9).
1053-(6) Rape (IC 35-42-4-1).
1054-(7) Sexual battery (IC 35-42-4-8).
1055-(8) Invasion of privacy (IC 35-46-1-15.1).
1056-(9) Criminal stalking (IC 35-45-10-5).
1057-(10) Criminal recklessness (IC 35-42-2-2).
1058-(11) Criminal confinement (IC 35-42-3-3).
1059-(12) Burglary (IC 35-43-2-1).
1060-(13) Residential entry (IC 35-43-2-1.5).
1061-(b) A court may not release a person described in subsection (a)
1062-on bail until the court has conducted a bail hearing in open court.".
1063-Page 7, delete lines 17 through 42, begin a new paragraph and
1064-insert:
1065-"SECTION 7. IC 35-38-1-7.1, AS AMENDED BY P.L.148-2024,
1066-SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1067-JULY 1, 2025]: Sec. 7.1. (a) In determining what sentence to impose
1068-for a crime, the court may consider the following aggravating
1069-circumstances:
1070-(1) The harm, injury, loss, or damage suffered by the victim of an
1071-offense was:
1072-(A) significant; and
1073-ES 324—LS 7261/DI 151 26
1074-(B) greater than the elements necessary to prove the
1075-commission of the offense.
1076-(2) The person has a history of criminal or delinquent behavior.
1077-(3) The victim of the offense was less than twelve (12) years of
1078-age or at least sixty-five (65) years of age at the time the person
1079-committed the offense.
1080-(4) The person:
1081-(A) committed a crime of violence (IC 35-50-1-2); and
1082-(B) knowingly committed the offense in the presence or within
1083-hearing of an individual who:
1084-(i) was less than eighteen (18) years of age at the time the
1085-person committed the offense; and
1086-(ii) is not the victim of the offense.
1087-(5) The person violated a protective order issued against the
1088-person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
1089-IC 34-4-5.1 before their repeal), a workplace violence restraining
1090-order issued against the person under IC 34-26-6, or a no contact
1091-order issued against the person.
1092-(6) The person has recently violated the conditions of any
1093-probation, parole, pardon, community corrections placement, or
1094-pretrial release granted to the person.
1095-(7) The victim of the offense was:
1096-(A) a person with a disability (as defined in IC 27-7-6-12), and
1097-the defendant knew or should have known that the victim was
1098-a person with a disability; or
1099-(B) mentally or physically infirm.
1100-(8) The person was in a position having care, custody, or control
1101-of the victim of the offense.
1102-(9) The injury to or death of the victim of the offense was the
1103-result of shaken baby syndrome (as defined in IC 16-41-40-2) or
1104-abusive head trauma.
1105-(10) The person threatened to harm the victim of the offense or a
1106-witness if the victim or witness told anyone about the offense.
1107-(11) The person:
1108-(A) committed trafficking with an inmate under
1109-IC 35-44.1-3-5; and
1110-(B) is an employee of the penal facility.
1111-(12) The person committed the offense with bias due to the
1112-victim's or the group's real or perceived characteristic, trait, belief,
1113-practice, association, or other attribute the court chooses to
1114-consider, including but not limited to an attribute described in
1115-IC 10-13-3-1.
1116-ES 324—LS 7261/DI 151 27
1117-(13) The person is or has been an alien (as defined by 8 U.S.C.
1118-1101(a)) unlawfully present in the United States. A
1119-determination by the United States Department of Homeland
1120-Security that an alien has come to, entered, or remained in the
1121-United States in violation of law is evidence that the alien is or
1122-has been unlawfully present in the United States.
1123-(14) The offense involved dealing in a controlled substance
1124-under IC 35-48-4 and the person distributed the controlled
1125-substance to at least three (3) different individuals in a one
1126-hundred eighty (180) day period.
1127-(b) The court may consider the following factors as mitigating
1128-circumstances or as favoring suspending the sentence and imposing
1129-probation:
1130-(1) The crime neither caused nor threatened serious harm to
1131-persons or property, or the person did not contemplate that it
1132-would do so.
1133-(2) The crime was the result of circumstances unlikely to recur.
1134-(3) The victim of the crime induced or facilitated the offense.
1135-(4) There are substantial grounds tending to excuse or justify the
1136-crime, though failing to establish a defense.
1137-(5) The person acted under strong provocation.
1138-(6) The person has no history of delinquency or criminal activity,
1139-or the person has led a law-abiding life for a substantial period
1140-before commission of the crime.
1141-(7) The person is likely to respond affirmatively to probation or
1142-short term imprisonment.
1143-(8) The character and attitudes of the person indicate that the
1144-person is unlikely to commit another crime.
1145-(9) The person has made or will make restitution to the victim of
1146-the crime for the injury, damage, or loss sustained.
1147-(10) Imprisonment of the person will result in undue hardship to
1148-the person or the dependents of the person.
1149-(11) The person was convicted of a crime involving the use of
1150-force against a person who had repeatedly inflicted physical or
1151-sexual abuse upon the convicted person and evidence shows that
1152-the convicted person suffered from the effects of battery as a
1153-result of the past course of conduct of the individual who is the
1154-victim of the crime for which the person was convicted.
1155-(12) The person was convicted of a crime relating to a controlled
1156-substance and the person's arrest or prosecution was facilitated in
1157-part because the person:
1158-(A) requested emergency medical assistance; or
1159-ES 324—LS 7261/DI 151 28
1160-(B) acted in concert with another person who requested
1161-emergency medical assistance;
1162-for an individual who reasonably appeared to be in need of
1163-medical assistance due to the use of alcohol or a controlled
1164-substance.
1165-(13) The person has posttraumatic stress disorder, traumatic brain
1166-injury, or a postconcussive brain injury.
1167-(14) The person is a person described in IC 31-30-1-4(d) who
1168-committed the offense while the person was a child but is now at
1169-least twenty-one (21) years of age.
1170-(15) The offense involved dealing in a controlled substance
1171-under IC 35-48-4 and the person:
1172-(A) has been diagnosed with a substance use disorder; and
1173-(B) has sought treatment for the substance use disorder.
1174-(c) The criteria listed in subsections (a) and (b) do not limit the
1175-matters that the court may consider in determining the sentence.
1176-(d) A court may impose any sentence that is:
1177-(1) authorized by statute; and
1178-(2) permissible under the Constitution of the State of Indiana;
1179-regardless of the presence or absence of aggravating circumstances or
1180-mitigating circumstances.
1181-(e) If a court suspends a sentence and orders probation for a person
1182-described in subsection (b)(13), the court may require the person to
1183-receive treatment for the person's injuries.
1184-SECTION 8. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
1185-SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1186-JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
1187-(1) forcibly resists, obstructs, or interferes with a law enforcement
1188-officer or a person assisting the officer while the officer is
1189-lawfully engaged in the execution of the officer's duties;
1190-(2) forcibly resists, obstructs, or interferes with the authorized
1191-service or execution of a civil or criminal process or order of a
1192-court; or
1193-(3) flees from a law enforcement officer after the officer has, by
1194-visible or audible means, including operation of the law
1195-enforcement officer's siren or emergency lights, identified himself
1196-or herself and ordered the person to stop;
1197-commits resisting law enforcement, a Class A misdemeanor, except as
1198-provided in subsection (c).
1199-(b) A person who, having been denied entry by a firefighter, an
1200-emergency medical services provider, or a law enforcement officer,
1201-knowingly or intentionally enters an area that is marked off with barrier
1202-ES 324—LS 7261/DI 151 29
1203-tape or other physical barriers, commits interfering with public safety,
1204-a Class B misdemeanor, except as provided in subsection (c) or (k).
1205-(c) The offense under subsection (a) or (b) is a:
1206-(1) Level 6 felony if (A) the person uses a vehicle to commit the
1207-offense; or
1208-(B) (2) Level 5 felony if: while committing the offense, the
1209-person:
1210-(i) (A) while committing the offense, the person draws or
1211-uses a deadly weapon;
1212-(ii) (B) while committing the offense, the person inflicts
1213-bodily injury on or otherwise causes bodily injury to another
1214-person; or
1215-(iii) (C) while committing the offense, the person operates
1216-a vehicle in a manner that creates a substantial risk of bodily
1217-injury to another person;
1218-(2) Level 5 felony if:
1219-(A) (D) while committing the offense, the person operates a
1220-vehicle in a manner that causes serious bodily injury to another
1221-person; or
1222-(B) (E) the person uses a vehicle to commit the offense and the
1223-person has a prior unrelated conviction under this section
1224-involving the use of a vehicle in the commission of the
1225-offense;
1226-(3) Level 3 felony if, while committing the offense, the person
1227-operates a vehicle in a manner that causes the death or
1228-catastrophic injury of another person; and
1229-(4) Level 2 felony if, while committing any offense described in
1230-subsection (a), the person operates a vehicle in a manner that
1231-causes the death or catastrophic injury of a firefighter, an
1232-emergency medical services provider, or a law enforcement
1233-officer while the firefighter, emergency medical services provider,
1234-or law enforcement officer is engaged in the firefighter's,
1235-emergency medical services provider's, or officer's official duties.
1236-(d) The offense under subsection (a) is a Level 6 felony if, while
1237-committing an offense under:
1238-(1) subsection (a)(1) or (a)(2), the person:
1239-(A) creates a substantial risk of bodily injury to the person or
1240-another person; and
1241-(B) has two (2) or more prior unrelated convictions under
1242-subsection (a); or
1243-(2) subsection (a)(3), the person has two (2) or more prior
1244-unrelated convictions under subsection (a).
1245-ES 324—LS 7261/DI 151 30
1246-(e) If a person uses a vehicle to commit a felony offense under
1247-subsection (c)(1)(B), (c)(1), (c)(2), (c)(3), or (c)(4), as part of the
1248-criminal penalty imposed for the offense, the court shall impose a
1249-minimum executed sentence of at least:
1250-(1) thirty (30) days, if the person does not have a prior unrelated
1251-conviction under this section;
1252-(2) one hundred eighty (180) days, if the person has one (1) prior
1253-unrelated conviction under this section; or
1254-(3) one (1) year, if the person has two (2) or more prior unrelated
1255-convictions under this section.
1256-(f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
1257-minimum sentence imposed under subsection (e) may not be
1258-suspended.
1259-(g) If a person is convicted of an offense involving the use of a
1260-motor vehicle under:
1261-(1) subsection (c)(1)(A), subsection (c)(1), if the person exceeded
1262-the speed limit by at least twenty (20) miles per hour while
1263-committing the offense;
1264-(2) subsection (c)(2); or
1265-(3) subsection (c)(3);
1266-the court may notify the bureau of motor vehicles to suspend or revoke
1267-the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
1268-period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
1269-court shall inform the bureau whether the person has been sentenced
1270-to a term of incarceration. At the time of conviction, the court may
1271-obtain the person's current driver's license and return the license to the
1272-bureau of motor vehicles.
1273-(h) A person may not be charged or convicted of a crime under
1274-subsection (a)(3) if the law enforcement officer is a school resource
1275-officer acting in the officer's capacity as a school resource officer.
1276-(i) A person who commits an offense described in subsection (c)
1277-commits a separate offense for each person whose bodily injury,
1278-serious bodily injury, catastrophic injury, or death is caused by a
1279-violation of subsection (c).
1280-(j) A court may order terms of imprisonment imposed on a person
1281-convicted of more than one (1) offense described in subsection (c) to
1282-run consecutively. Consecutive terms of imprisonment imposed under
1283-this subsection are not subject to the sentencing restrictions set forth in
1284-IC 35-50-1-2(c) through IC 35-50-1-2(d).
1285-(k) As used in this subsection, "family member" means a child,
1286-grandchild, parent, grandparent, or spouse of the person. It is a defense
1287-to a prosecution under subsection (b) that the person reasonably
1288-ES 324—LS 7261/DI 151 31
1289-believed that the person's family member:
1290-(1) was in the marked off area; and
1291-(2) had suffered bodily injury or was at risk of suffering bodily
1292-injury;
1293-if the person is not charged as a defendant in connection with the
1294-offense, if applicable, that caused the area to be secured by barrier tape
1295-or other physical barriers.
1296-SECTION 10. IC 35-47-1-6.5 IS ADDED TO THE INDIANA
1297-CODE AS A NEW SECTION TO READ AS FOLLOWS
1298-[EFFECTIVE JULY 1, 2025]: Sec. 6.5. "Imitation firearm" means
1299-an object or device so substantially similar in coloration and
1300-overall appearance to a firearm that it would cause a reasonable
1301-person to believe that the object or device is a firearm.
1302-SECTION 9. IC 35-47-4-5, AS AMENDED BY THE TECHNICAL
1303-CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
1304-AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
1305-Sec. 5. (a) As used in this section, "serious violent felon" means a
1306-person who has been convicted of committing a serious violent felony.
1307-(b) As used in this section, "serious violent felony" means:
1308-(1) murder (IC 35-42-1-1);
1309-(2) attempted murder (IC 35-41-5-1);
1310-(3) voluntary manslaughter (IC 35-42-1-3);
1311-(4) reckless homicide not committed by means of a vehicle (IC
1312-35-42-1-5);
1313-(5) battery (IC 35-42-2-1) as a:
1314-(A) Class A felony, Class B felony, or Class C felony, for a
1315-crime committed before July 1, 2014; or
1316-(B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
1317-felony, for a crime committed after June 30, 2014;
1318-(6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
1319-3 felony, Level 4 felony, or Level 5 felony;
1320-(7) aggravated battery (IC 35-42-2-1.5);
1321-(8) strangulation (IC 35-42-2-9);
1322-(9) kidnapping (IC 35-42-3-2);
1323-(10) criminal confinement (IC 35-42-3-3);
1324-(11) a human or sexual trafficking offense under IC 35-42-3.5;
1325-(12) rape (IC 35-42-4-1);
1326-(13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
1327-(14) child molesting (IC 35-42-4-3);
1328-(15) sexual battery (IC 35-42-4-8) as a:
1329-(A) Class C felony, for a crime committed before July 1, 2014;
1330-or
1331-ES 324—LS 7261/DI 151 32
1332-(B) Level 5 felony, for a crime committed after June 30, 2014;
1333-(16) robbery (IC 35-42-5-1);
1334-(17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
1335-(18) arson (IC 35-43-1-1(a)) as a:
1336-(A) Class A felony or Class B felony, for a crime committed
1337-before July 1, 2014; or
1338-(B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
1339-crime committed after June 30, 2014;
1340-(19) burglary (IC 35-43-2-1) as a:
1341-(A) Class A felony or Class B felony, for a crime committed
1342-before July 1, 2014; or
1343-(B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
1344-felony, for a crime committed after June 30, 2014;
1345-(20) assisting a criminal (IC 35-44.1-2-5) as a:
1346-(A) Class C felony, for a crime committed before July 1, 2014;
1347-or
1348-(B) Level 5 felony, for a crime committed after June 30, 2014;
1349-(21) resisting law enforcement (IC 35-44.1-3-1) as a:
1350-(A) Class B felony or Class C felony, for a crime committed
1351-before July 1, 2014; or
1352-(B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
1353-crime committed after June 30, 2014;
1354-(22) escape (IC 35-44.1-3-4) as a:
1355-(A) Class B felony or Class C felony, for a crime committed
1356-before July 1, 2014; or
1357-(B) Level 4 felony or Level 5 felony, for a crime committed
1358-after June 30, 2014;
1359-(23) trafficking with an inmate (IC 35-44.1-3-5) as a:
1360-(A) Class C felony, for a crime committed before July 1, 2014;
1361-or
1362-(B) Level 5 felony, for a crime committed after June 30, 2014;
1363-(24) criminal organization intimidation (IC 35-45-9-4);
1364-(25) stalking (IC 35-45-10-5) as a:
1365-(A) Class B felony or Class C felony, for a crime committed
1366-before July 1, 2014; or
1367-(B) Level 4 felony or Level 5 felony, for a crime committed
1368-after June 30, 2014;
1369-(26) incest (IC 35-46-1-3);
1370-(27) dealing in or manufacturing cocaine or a narcotic drug (IC
1371-35-48-4-1);
1372-(28) dealing in methamphetamine (IC 35-48-4-1.1) or
1373-manufacturing methamphetamine (IC 35-48-4-1.2);
1374-ES 324—LS 7261/DI 151 33
1375-(29) dealing in a schedule I, II, or III controlled substance (IC
1376-35-48-4-2);
1377-(30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
1378-(31) dealing in a schedule V controlled substance (IC 35-48-4-4);
1379-or
1380-(32) dealing in a controlled substance resulting in death (IC
1381-35-42-1-1.5).
1382-(c) A serious violent felon who knowingly or intentionally possesses
1383-a firearm commits unlawful possession of a firearm by a serious violent
1384-felon, a Level 4 felony.
1385-SECTION 12. IC 35-47-9-2, AS AMENDED BY P.L.109-2015,
1386-SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1387-JULY 1, 2025]: Sec. 2. (a) A person may not be charged with an
1388-offense under this subsection if the person may be charged with an
1389-offense described in subsection (c). A person who knowingly or
1390-intentionally possesses a firearm:
1391-(1) in or on school property; or
1392-(2) on a school bus;
1393-commits a Level 6 felony.
1394-(b) It is a defense to a prosecution under subsection (a) that:
1395-(1) the person is permitted to legally possess the firearm; and
1396-(2) the firearm is:
1397-(A) locked in the trunk of the person's motor vehicle;
1398-(B) kept in the glove compartment of the person's locked
1399-motor vehicle; or
1400-(C) stored out of plain sight in the person's locked motor
1401-vehicle.
1402-(c) A person who is permitted to legally possess a firearm and who
1403-knowingly, intentionally, or recklessly leaves the firearm in plain view
1404-in a motor vehicle that is parked in a school parking lot commits a
1405-Class A misdemeanor.
1406-(d) A person who knowingly or intentionally possesses an
1407-imitation firearm:
1408-(1) in or on school property; or
1409-(2) on a school bus;
1410-commits possession of an imitation firearm on school property, a
1411-Class B misdemeanor.
1412-SECTION 10. IC 35-48-4-1, AS AMENDED BY P.L.48-2023,
1413-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1414-JULY 1, 2025]: Sec. 1. (a) A person who:
1415-(1) knowingly or intentionally:
1416-(A) manufactures;
1417-ES 324—LS 7261/DI 151 34
1418-(B) finances the manufacture of;
1419-(C) delivers; or
1420-(D) finances the delivery of;
1421-cocaine or a narcotic drug, pure or adulterated, classified in
1422-schedule I or II; or
1423-(2) possesses, with intent to:
1424-(A) manufacture;
1425-(B) finance the manufacture of;
1426-(C) deliver; or
1427-(D) finance the delivery of;
1428-cocaine or a narcotic drug, pure or adulterated, classified in
1429-schedule I or II;
1430-commits dealing in cocaine or a narcotic drug, a Level 5 felony, except
1431-as provided in subsections (b) through (e).
1432-(b) A person may be convicted of an offense under subsection (a)(2)
1433-only if:
1434-(1) there is evidence in addition to the weight of the drug that the
1435-person intended to manufacture, finance the manufacture of,
1436-deliver, or finance the delivery of the drug; or
1437-(2) the amount of the drug involved is at least twenty-eight (28)
1438-grams.
1439-(c) The offense is a Level 4 felony if:
1440-(1) the amount of the drug involved is at least one (1) gram but
1441-less than five (5) grams;
1442-(2) the amount of the drug involved is less than one (1) gram and
1443-an enhancing circumstance applies;
1444-(3) the drug is heroin and the amount of heroin involved,
1445-aggregated over a period of not more than ninety (90) days, is at
1446-least three (3) grams but less than seven (7) grams; or
1447-(4) the drug is a fentanyl containing substance and the amount of
1448-fentanyl containing substance involved aggregated over a period
1449-of not more than ninety (90) days, is at least one (1) gram but is
1450-less than three (3) grams. one (1) gram.
1451-(d) The offense is a Level 3 felony if:
1452-(1) the amount of the drug involved is at least five (5) grams but
1453-less than ten (10) grams;
1454-(2) the amount of the drug involved is at least one (1) gram but
1455-less than five (5) grams and an enhancing circumstance applies;
1456-(3) the drug is heroin and the amount of heroin involved,
1457-aggregated over a period of not more than ninety (90) days, is at
1458-least seven (7) grams but less than twelve (12) grams;
1459-(4) the drug is heroin and:
1460-ES 324—LS 7261/DI 151 35
1461-(A) the amount of heroin involved, aggregated over a period
1462-of not more than ninety (90) days, is at least three (3) grams
1463-but less than seven (7) grams; and
1464-(B) an enhancing circumstance applies;
1465-(5) the drug is a fentanyl containing substance and the amount of
1466-fentanyl containing substance involved, aggregated over a period
1467-of not more than ninety (90) days, is at least three (3) grams one
1468-(1) gram but less than seven (7) five (5) grams; or
1469-(6) the drug is a fentanyl containing substance and:
1470-(A) the amount of fentanyl containing substance involved
1471-aggregated over a period of not more than ninety (90) days, is
1472-at least one (1) gram but is less than three (3) grams; one (1)
1473-gram; and
1474-(B) an enhancing circumstance applies.
1475-(e) The offense is a Level 2 felony if:
1476-(1) the amount of the drug involved is at least ten (10) grams;
1477-(2) the amount of the drug involved is at least five (5) grams but
1478-less than ten (10) grams and an enhancing circumstance applies;
1479-(3) the drug is heroin and the amount of heroin involved,
1480-aggregated over a period of not more than ninety (90) days, is at
1481-least twelve (12) grams;
1482-(4) the drug is heroin and:
1483-(A) the amount of heroin involved, aggregated over a period
1484-of not more than ninety (90) days, is at least seven (7) grams
1485-but less than twelve (12) grams; and
1486-(B) an enhancing circumstance applies;
1487-(5) the drug is a fentanyl containing substance and the amount of
1488-fentanyl containing substance involved, aggregated over a period
1489-of not more than ninety (90) days, is at least seven (7) five (5)
1490-grams; or
1491-(6) the drug is a fentanyl containing substance and:
1492-(A) the amount of fentanyl containing substance involved,
1493-aggregated over a period of not more than ninety (90) days, is
1494-at least three (3) grams one (1) gram but less than seven (7)
1495-five (5) grams; and
1496-(B) an enhancing circumstance applies.".
1497-Delete pages 8 through 21.
1498-Renumber all SECTIONS consecutively.
1499-and when so amended that said bill do pass.
1500-ES 324—LS 7261/DI 151 36
1501-(Reference is to SB 324 as reprinted February 18, 2025.)
1502-MCNAMARA
1503-Committee Vote: yeas 12, nays 1.
1504-ES 324—LS 7261/DI 151
1128+SB 324—LS 7261/DI 151