Indiana 2025 Regular Session

Indiana Senate Bill SB0324 Latest Draft

Bill / Comm Sub Version Filed 04/03/2025

                            *ES0324.1*
April 3, 2025
ENGROSSED
SENATE BILL No. 324
_____
DIGEST OF SB 324 (Updated April 2, 2025 1:28 pm - DI 106)
Citations Affected:  IC 9-30; IC 35-31.5; IC 35-33; IC 35-38;
IC 35-44.1; IC 35-47; IC 35-48.
Synopsis:  Criminal procedures. Increases the penalty levels of crimes
related to fentanyl and resisting law enforcement under certain
circumstances. Makes possessing an imitation firearm on school
property a Class B misdemeanor. Requires certain persons charged
with a crime of domestic violence to wear a monitoring device as a
condition of bail. Requires that a bail hearing for a violent arrestee and
certain other arrestees be held in open court, and requires money bail
for the release of a repeat violent arrestee. Specifies that a facility
having custody of a person arrested for certain crimes may not release
the person on bail for at least 24 hours. Permits virtual bail hearings.
Makes it a sentencing aggravator that: (1) the person is in the United
States unlawfully; or (2) a person distributed a controlled substance to
at least three different individuals in a 180 day period. Makes it a
sentencing mitigator that the person: (1) has been diagnosed with a
substance use disorder; and (2) has sought treatment for the disorder.
Makes conforming changes.
Effective:  July 1, 2025.
Freeman, Koch, Carrasco
(HOUSE SPONSORS — JETER, ANDRADE)
January 13, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
January 28, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
February 13, 2025, reported favorably — Do Pass.
February 17, 2025, read second time, amended, ordered engrossed.
February 18, 2025, engrossed. Read third time, passed. Yeas 46, nays 3.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Courts and Criminal Code.
April 3, 2025, amended, reported — Do Pass.
ES 324—LS 7261/DI 151  April 3, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 324
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 9-30-10-4, AS AMENDED BY P.L.201-2019,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 4. (a) A person who has accumulated at least two
4 (2) judgments within a ten (10) year period for any of the following
5 violations, singularly or in combination, and not arising out of the same
6 incident, is a habitual violator:
7 (1) Reckless homicide resulting from the operation of a motor
8 vehicle.
9 (2) Voluntary or involuntary manslaughter resulting from the
10 operation of a motor vehicle.
11 (3) Failure of the operator of a motor vehicle involved in an
12 accident resulting in death or injury to any person to stop at the
13 scene of the accident and give the required information and
14 assistance.
15 (4) Operation of a vehicle while intoxicated resulting in death.
16 (5) Before July 1, 1997, operation of a vehicle with at least
17 ten-hundredths percent (0.10%) alcohol in the blood resulting in
ES 324—LS 7261/DI 151 2
1 death.
2 (6) After June 30, 1997, and before July 1, 2001, operation of a
3 vehicle with an alcohol concentration equivalent to at least
4 ten-hundredths (0.10) gram of alcohol per:
5 (A) one hundred (100) milliliters of the blood; or
6 (B) two hundred ten (210) liters of the breath;
7 resulting in death.
8 (7) After June 30, 2001, operation of a vehicle with an alcohol
9 concentration equivalent to at least eight-hundredths (0.08) gram
10 of alcohol per:
11 (A) one hundred (100) milliliters of the blood; or
12 (B) two hundred ten (210) liters of the breath;
13 resulting in death.
14 (b) A person who has accumulated at least three (3) judgments
15 within a ten (10) year period for any of the following violations,
16 singularly or in combination, and not arising out of the same incident,
17 is a habitual violator:
18 (1) Operation of a vehicle while intoxicated.
19 (2) Before July 1, 1997, operation of a vehicle with at least
20 ten-hundredths percent (0.10%) alcohol in the blood.
21 (3) After June 30, 1997, and before July 1, 2001, operation of a
22 vehicle with an alcohol concentration equivalent to at least
23 ten-hundredths (0.10) gram of alcohol per:
24 (A) one hundred (100) milliliters of the blood; or
25 (B) two hundred ten (210) liters of the breath.
26 (4) After June 30, 2001, operation of a vehicle with an alcohol
27 concentration equivalent to at least eight-hundredths (0.08) gram
28 of alcohol per:
29 (A) one hundred (100) milliliters of the blood; or
30 (B) two hundred ten (210) liters of the breath.
31 (5) Reckless driving.
32 (6) Criminal recklessness as a felony involving the operation of
33 a motor vehicle.
34 (7) Drag racing or engaging in a speed contest in violation of law.
35 (8) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46
36 (repealed July 1, 1991), IC 9-26-1-1(1) (repealed January 1,
37 2015), IC 9-26-1-1(2) (repealed January 1, 2015), IC 9-26-1-2(1)
38 (repealed January 1, 2015), IC 9-26-1-2(2) (repealed January 1,
39 2015), IC 9-26-1-3 (repealed January 1, 2015), IC 9-26-1-4
40 (repealed January 1, 2015), or IC 9-26-1-1.1.
41 (9) Resisting law enforcement under IC 35-44.1-3-1(c)(1)(A),
42 IC 35-44.1-3-1(c)(2), IC 35-44.1-3-1(c)(3), or
ES 324—LS 7261/DI 151 3
1 IC 35-44.1-3-1(c)(4). IC 35-44.1-3-1(c)(1),
2 IC 35-44.1-3-1(c)(2)(C) through IC 35-44.1-3-1(c)(2)(E),
3 IC 35-44.1-3-1(c)(3), or IC 35-44.1-3-1(c)(4).
4 (10) Any felony under this title or any felony in which the
5 operation of a motor vehicle is an element of the offense.
6 A judgment for a violation enumerated in subsection (a) shall be added
7 to the violations described in this subsection for the purposes of this
8 subsection.
9 (c) A person who has accumulated at least ten (10) judgments
10 within a ten (10) year period for any traffic violation, except a parking
11 or an equipment violation, of the type required to be reported to the
12 bureau, singularly or in combination, and not arising out of the same
13 incident, is a habitual violator. However, at least one (1) of the
14 judgments must be for:
15 (1) a violation enumerated in subsection (a);
16 (2) a violation enumerated in subsection (b);
17 (3) operating a motor vehicle while the person's license to do so
18 has been suspended or revoked as a result of the person's
19 conviction of an offense under IC 9-1-4-52 (repealed July 1,
20 1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-2, or
21 IC 9-24-19-3; or
22 (4) operating a motor vehicle without ever having obtained a
23 license to do so.
24 A judgment for a violation enumerated in subsection (a) or (b) shall be
25 added to the judgments described in this subsection for the purposes of
26 this subsection.
27 (d) For purposes of this section, a judgment includes a judgment in
28 any other jurisdiction in which the elements of the offense for which
29 the conviction was entered are substantially similar to the elements of
30 the offenses described in subsections (a), (b), and (c).
31 (e) For purposes of this section, the offense date is used when
32 determining the number of judgments accumulated within a ten (10)
33 year period.
34 SECTION 2. IC 35-31.5-2-164.4 IS ADDED TO THE INDIANA
35 CODE AS A NEW SECTION TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2025]: Sec. 164.4 "Imitation firearm", for
37 purposes of IC 35-47, has the meaning set forth in IC 35-47-1-6.5.
38 SECTION 3. IC 35-33-1-1.7 IS REPEALED [EFFECTIVE JULY
39 1, 2025]. Sec. 1.7. (a) A facility having custody of a person arrested for
40 a crime of domestic violence (as described in IC 35-31.5-2-78) shall
41 keep the person in custody for at least eight (8) hours from the time of
42 the arrest.
ES 324—LS 7261/DI 151 4
1 (b) A person described in subsection (a) may not be released on bail
2 until at least eight (8) hours from the time of the person's arrest.
3 SECTION 4. IC 35-33-8-0.4 IS ADDED TO THE INDIANA CODE
4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5 1, 2025]: Sec. 0.4. Any bail hearing required or permitted to be
6 conducted under this chapter, including a hearing required to be
7 conducted in open court, may be conducted virtually.
8 SECTION 5. IC 35-33-8-3.4 IS ADDED TO THE INDIANA CODE
9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
10 1, 2025]: Sec. 3.4. (a) This section applies only to a violent arrestee.
11 (b) The following definitions apply throughout this section:
12 (1) "Crime of violence" means an offense:
13 (A) described in IC 35-50-1-2(a); and
14 (B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
15 felony.
16 (2) "Repeat violent arrestee" means a person arrested for or
17 charged with a crime of violence who has a prior conviction
18 for a crime of violence.
19 (3) "Violent arrestee" means a person arrested for or charged
20 with a crime of violence.
21 (c) A violent arrestee may only be released on bail set
22 individually by the court following a hearing held in open court.
23 Before releasing a violent arrestee on bail, the court must review
24 the probable cause affidavit or arrest warrant.
25 (d) A repeat violent arrestee may only be released on bail set
26 individually by the court following a hearing held in open court.
27 Before releasing a repeat violent arrestee on bail, the court must
28 review the probable cause affidavit or arrest warrant. If a court
29 releases a repeat violent arrestee on bail, the court must impose
30 money bail payable by surety bond or cash deposit.
31 SECTION 6. IC 35-33-8-6.5, AS AMENDED BY P.L.28-2023,
32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 6.5. (a) The court, or a facility having custody
34 of a person, may not release a person on bail for at least twenty-four
35 (24) hours from the time of the person's arrest if the person is arrested
36 for one (1) or more of the following offenses committed against a
37 family or household member:
38 (1) A crime of domestic violence (as described in
39 IC 35-31.5-2-78).
40 (2) Battery (IC 35-42-2-1).
41 (3) Domestic battery (IC 35-42-2-1.3).
42 (4) Aggravated battery (IC 35-42-2-1.5).
ES 324—LS 7261/DI 151 5
1 (5) Strangulation (IC 35-42-2-9).
2 (6) Rape (IC 35-42-4-1).
3 (7) Sexual battery (IC 35-42-4-8).
4 (8) Invasion of privacy (IC 35-46-1-15.1).
5 (9) Criminal stalking (IC 35-45-10-5).
6 (10) Criminal recklessness (IC 35-42-2-2).
7 (11) Criminal confinement (IC 35-42-3-3).
8 (12) Burglary (IC 35-43-2-1).
9 (13) Residential entry (IC 35-43-2-1.5).
10 (b) A court may not release a person described in subsection (a)
11 on bail until the court has conducted a bail hearing in open court.
12 SECTION 7. IC 35-33-8-11, AS AMENDED BY P.L.84-2022,
13 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2025]: Sec. 11. (a) Except as provided in subsection (c), a
15 court may require a person who has been charged with a crime of
16 domestic violence (as described in IC 35-31.5-2-78) to wear a
17 monitoring device as a condition of bail.
18 (b) A court may order a person who is required to wear a monitoring
19 device under subsection (a) to pay any costs associated with the
20 monitoring device.
21 (c) A court shall require a person to wear a monitoring device
22 as a condition of bail if the person:
23 (1) is charged with a crime of domestic violence (as described
24 in IC 35-31.5-2-78);
25 (2) has a prior unrelated conviction for a violent offense (as
26 described in IC 11-12-3.7-6); and
27 (3) has at least one (1) prior conviction for invasion of privacy
28 (as described in IC 35-46-1-15.1).
29 SECTION 8. IC 35-38-1-7.1, AS AMENDED BY P.L.148-2024,
30 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 7.1. (a) In determining what sentence to impose
32 for a crime, the court may consider the following aggravating
33 circumstances:
34 (1) The harm, injury, loss, or damage suffered by the victim of an
35 offense was:
36 (A) significant; and
37 (B) greater than the elements necessary to prove the
38 commission of the offense.
39 (2) The person has a history of criminal or delinquent behavior.
40 (3) The victim of the offense was less than twelve (12) years of
41 age or at least sixty-five (65) years of age at the time the person
42 committed the offense.
ES 324—LS 7261/DI 151 6
1 (4) The person:
2 (A) committed a crime of violence (IC 35-50-1-2); and
3 (B) knowingly committed the offense in the presence or within
4 hearing of an individual who:
5 (i) was less than eighteen (18) years of age at the time the
6 person committed the offense; and
7 (ii) is not the victim of the offense.
8 (5) The person violated a protective order issued against the
9 person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
10 IC 34-4-5.1 before their repeal), a workplace violence restraining
11 order issued against the person under IC 34-26-6, or a no contact
12 order issued against the person.
13 (6) The person has recently violated the conditions of any
14 probation, parole, pardon, community corrections placement, or
15 pretrial release granted to the person.
16 (7) The victim of the offense was:
17 (A) a person with a disability (as defined in IC 27-7-6-12), and
18 the defendant knew or should have known that the victim was
19 a person with a disability; or
20 (B) mentally or physically infirm.
21 (8) The person was in a position having care, custody, or control
22 of the victim of the offense.
23 (9) The injury to or death of the victim of the offense was the
24 result of shaken baby syndrome (as defined in IC 16-41-40-2) or
25 abusive head trauma.
26 (10) The person threatened to harm the victim of the offense or a
27 witness if the victim or witness told anyone about the offense.
28 (11) The person:
29 (A) committed trafficking with an inmate under
30 IC 35-44.1-3-5; and
31 (B) is an employee of the penal facility.
32 (12) The person committed the offense with bias due to the
33 victim's or the group's real or perceived characteristic, trait, belief,
34 practice, association, or other attribute the court chooses to
35 consider, including but not limited to an attribute described in
36 IC 10-13-3-1.
37 (13) The person is or has been an alien (as defined by 8 U.S.C.
38 1101(a)) unlawfully present in the United States. A
39 determination by the United States Department of Homeland
40 Security that an alien has come to, entered, or remained in the
41 United States in violation of law is evidence that the alien is or
42 has been unlawfully present in the United States.
ES 324—LS 7261/DI 151 7
1 (14) The offense involved dealing in a controlled substance
2 under IC 35-48-4 and the person distributed the controlled
3 substance to at least three (3) different individuals in a one
4 hundred eighty (180) day period.
5 (b) The court may consider the following factors as mitigating
6 circumstances or as favoring suspending the sentence and imposing
7 probation:
8 (1) The crime neither caused nor threatened serious harm to
9 persons or property, or the person did not contemplate that it
10 would do so.
11 (2) The crime was the result of circumstances unlikely to recur.
12 (3) The victim of the crime induced or facilitated the offense.
13 (4) There are substantial grounds tending to excuse or justify the
14 crime, though failing to establish a defense.
15 (5) The person acted under strong provocation.
16 (6) The person has no history of delinquency or criminal activity,
17 or the person has led a law-abiding life for a substantial period
18 before commission of the crime.
19 (7) The person is likely to respond affirmatively to probation or
20 short term imprisonment.
21 (8) The character and attitudes of the person indicate that the
22 person is unlikely to commit another crime.
23 (9) The person has made or will make restitution to the victim of
24 the crime for the injury, damage, or loss sustained.
25 (10) Imprisonment of the person will result in undue hardship to
26 the person or the dependents of the person.
27 (11) The person was convicted of a crime involving the use of
28 force against a person who had repeatedly inflicted physical or
29 sexual abuse upon the convicted person and evidence shows that
30 the convicted person suffered from the effects of battery as a
31 result of the past course of conduct of the individual who is the
32 victim of the crime for which the person was convicted.
33 (12) The person was convicted of a crime relating to a controlled
34 substance and the person's arrest or prosecution was facilitated in
35 part because the person:
36 (A) requested emergency medical assistance; or
37 (B) acted in concert with another person who requested
38 emergency medical assistance;
39 for an individual who reasonably appeared to be in need of
40 medical assistance due to the use of alcohol or a controlled
41 substance.
42 (13) The person has posttraumatic stress disorder, traumatic brain
ES 324—LS 7261/DI 151 8
1 injury, or a postconcussive brain injury.
2 (14) The person is a person described in IC 31-30-1-4(d) who
3 committed the offense while the person was a child but is now at
4 least twenty-one (21) years of age.
5 (15) The offense involved dealing in a controlled substance
6 under IC 35-48-4 and the person:
7 (A) has been diagnosed with a substance use disorder; and
8 (B) has sought treatment for the substance use disorder.
9 (c) The criteria listed in subsections (a) and (b) do not limit the
10 matters that the court may consider in determining the sentence.
11 (d) A court may impose any sentence that is:
12 (1) authorized by statute; and
13 (2) permissible under the Constitution of the State of Indiana;
14 regardless of the presence or absence of aggravating circumstances or
15 mitigating circumstances.
16 (e) If a court suspends a sentence and orders probation for a person
17 described in subsection (b)(13), the court may require the person to
18 receive treatment for the person's injuries.
19 SECTION 9. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
20 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
22 (1) forcibly resists, obstructs, or interferes with a law enforcement
23 officer or a person assisting the officer while the officer is
24 lawfully engaged in the execution of the officer's duties;
25 (2) forcibly resists, obstructs, or interferes with the authorized
26 service or execution of a civil or criminal process or order of a
27 court; or
28 (3) flees from a law enforcement officer after the officer has, by
29 visible or audible means, including operation of the law
30 enforcement officer's siren or emergency lights, identified himself
31 or herself and ordered the person to stop;
32 commits resisting law enforcement, a Class A misdemeanor, except as
33 provided in subsection (c).
34 (b) A person who, having been denied entry by a firefighter, an
35 emergency medical services provider, or a law enforcement officer,
36 knowingly or intentionally enters an area that is marked off with barrier
37 tape or other physical barriers, commits interfering with public safety,
38 a Class B misdemeanor, except as provided in subsection (c) or (k).
39 (c) The offense under subsection (a) or (b) is a:
40 (1) Level 6 felony if (A) the person uses a vehicle to commit the
41 offense; or
42 (B) (2) Level 5 felony if: while committing the offense, the
ES 324—LS 7261/DI 151 9
1 person:
2 (i) (A) while committing the offense, the person draws or
3 uses a deadly weapon;
4 (ii) (B) while committing the offense, the person inflicts
5 bodily injury on or otherwise causes bodily injury to another
6 person; or
7 (iii) (C) while committing the offense, the person operates
8 a vehicle in a manner that creates a substantial risk of bodily
9 injury to another person;
10 (2) Level 5 felony if:
11 (A) (D) while committing the offense, the person operates a
12 vehicle in a manner that causes serious bodily injury to another
13 person; or
14 (B) (E) the person uses a vehicle to commit the offense and the
15 person has a prior unrelated conviction under this section
16 involving the use of a vehicle in the commission of the
17 offense;
18 (3) Level 3 felony if, while committing the offense, the person
19 operates a vehicle in a manner that causes the death or
20 catastrophic injury of another person; and
21 (4) Level 2 felony if, while committing any offense described in
22 subsection (a), the person operates a vehicle in a manner that
23 causes the death or catastrophic injury of a firefighter, an
24 emergency medical services provider, or a law enforcement
25 officer while the firefighter, emergency medical services provider,
26 or law enforcement officer is engaged in the firefighter's,
27 emergency medical services provider's, or officer's official duties.
28 (d) The offense under subsection (a) is a Level 6 felony if, while
29 committing an offense under:
30 (1) subsection (a)(1) or (a)(2), the person:
31 (A) creates a substantial risk of bodily injury to the person or
32 another person; and
33 (B) has two (2) or more prior unrelated convictions under
34 subsection (a); or
35 (2) subsection (a)(3), the person has two (2) or more prior
36 unrelated convictions under subsection (a).
37 (e) If a person uses a vehicle to commit a felony offense under
38 subsection (c)(1)(B), (c)(1), (c)(2), (c)(3), or (c)(4), as part of the
39 criminal penalty imposed for the offense, the court shall impose a
40 minimum executed sentence of at least:
41 (1) thirty (30) days, if the person does not have a prior unrelated
42 conviction under this section;
ES 324—LS 7261/DI 151 10
1 (2) one hundred eighty (180) days, if the person has one (1) prior
2 unrelated conviction under this section; or
3 (3) one (1) year, if the person has two (2) or more prior unrelated
4 convictions under this section.
5 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
6 minimum sentence imposed under subsection (e) may not be
7 suspended.
8 (g) If a person is convicted of an offense involving the use of a
9 motor vehicle under:
10 (1) subsection (c)(1)(A), subsection (c)(1), if the person exceeded
11 the speed limit by at least twenty (20) miles per hour while
12 committing the offense;
13 (2) subsection (c)(2); or
14 (3) subsection (c)(3);
15 the court may notify the bureau of motor vehicles to suspend or revoke
16 the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
17 period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
18 court shall inform the bureau whether the person has been sentenced
19 to a term of incarceration. At the time of conviction, the court may
20 obtain the person's current driver's license and return the license to the
21 bureau of motor vehicles.
22 (h) A person may not be charged or convicted of a crime under
23 subsection (a)(3) if the law enforcement officer is a school resource
24 officer acting in the officer's capacity as a school resource officer.
25 (i) A person who commits an offense described in subsection (c)
26 commits a separate offense for each person whose bodily injury,
27 serious bodily injury, catastrophic injury, or death is caused by a
28 violation of subsection (c).
29 (j) A court may order terms of imprisonment imposed on a person
30 convicted of more than one (1) offense described in subsection (c) to
31 run consecutively. Consecutive terms of imprisonment imposed under
32 this subsection are not subject to the sentencing restrictions set forth in
33 IC 35-50-1-2(c) through IC 35-50-1-2(d).
34 (k) As used in this subsection, "family member" means a child,
35 grandchild, parent, grandparent, or spouse of the person. It is a defense
36 to a prosecution under subsection (b) that the person reasonably
37 believed that the person's family member:
38 (1) was in the marked off area; and
39 (2) had suffered bodily injury or was at risk of suffering bodily
40 injury;
41 if the person is not charged as a defendant in connection with the
42 offense, if applicable, that caused the area to be secured by barrier tape
ES 324—LS 7261/DI 151 11
1 or other physical barriers.
2 SECTION 10. IC 35-47-1-6.5 IS ADDED TO THE INDIANA
3 CODE AS A NEW SECTION TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2025]: Sec. 6.5. "Imitation firearm" means
5 an object or device so substantially similar in coloration and
6 overall appearance to a firearm that it would cause a reasonable
7 person to believe that the object or device is a firearm.
8 SECTION 11. IC 35-47-4-5, AS AMENDED BY THE
9 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
10 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 5. (a) As used in this section, "serious violent
12 felon" means a person who has been convicted of committing a serious
13 violent felony.
14 (b) As used in this section, "serious violent felony" means:
15 (1) murder (IC 35-42-1-1);
16 (2) attempted murder (IC 35-41-5-1);
17 (3) voluntary manslaughter (IC 35-42-1-3);
18 (4) reckless homicide not committed by means of a vehicle (IC
19 35-42-1-5);
20 (5) battery (IC 35-42-2-1) as a:
21 (A) Class A felony, Class B felony, or Class C felony, for a
22 crime committed before July 1, 2014; or
23 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
24 felony, for a crime committed after June 30, 2014;
25 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
26 3 felony, Level 4 felony, or Level 5 felony;
27 (7) aggravated battery (IC 35-42-2-1.5);
28 (8) strangulation (IC 35-42-2-9);
29 (9) kidnapping (IC 35-42-3-2);
30 (10) criminal confinement (IC 35-42-3-3);
31 (11) a human or sexual trafficking offense under IC 35-42-3.5;
32 (12) rape (IC 35-42-4-1);
33 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
34 (14) child molesting (IC 35-42-4-3);
35 (15) sexual battery (IC 35-42-4-8) as a:
36 (A) Class C felony, for a crime committed before July 1, 2014;
37 or
38 (B) Level 5 felony, for a crime committed after June 30, 2014;
39 (16) robbery (IC 35-42-5-1);
40 (17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
41 (18) arson (IC 35-43-1-1(a)) as a:
42 (A) Class A felony or Class B felony, for a crime committed
ES 324—LS 7261/DI 151 12
1 before July 1, 2014; or
2 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
3 crime committed after June 30, 2014;
4 (19) burglary (IC 35-43-2-1) as a:
5 (A) Class A felony or Class B felony, for a crime committed
6 before July 1, 2014; or
7 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
8 felony, for a crime committed after June 30, 2014;
9 (20) assisting a criminal (IC 35-44.1-2-5) as a:
10 (A) Class C felony, for a crime committed before July 1, 2014;
11 or
12 (B) Level 5 felony, for a crime committed after June 30, 2014;
13 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
14 (A) Class B felony or Class C felony, for a crime committed
15 before July 1, 2014; or
16 (B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
17 crime committed after June 30, 2014;
18 (22) escape (IC 35-44.1-3-4) as a:
19 (A) Class B felony or Class C felony, for a crime committed
20 before July 1, 2014; or
21 (B) Level 4 felony or Level 5 felony, for a crime committed
22 after June 30, 2014;
23 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
24 (A) Class C felony, for a crime committed before July 1, 2014;
25 or
26 (B) Level 5 felony, for a crime committed after June 30, 2014;
27 (24) criminal organization intimidation (IC 35-45-9-4);
28 (25) stalking (IC 35-45-10-5) as a:
29 (A) Class B felony or Class C felony, for a crime committed
30 before July 1, 2014; or
31 (B) Level 4 felony or Level 5 felony, for a crime committed
32 after June 30, 2014;
33 (26) incest (IC 35-46-1-3);
34 (27) dealing in or manufacturing cocaine or a narcotic drug (IC
35 35-48-4-1);
36 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
37 manufacturing methamphetamine (IC 35-48-4-1.2);
38 (29) dealing in a schedule I, II, or III controlled substance (IC
39 35-48-4-2);
40 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
41 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
42 or
ES 324—LS 7261/DI 151 13
1 (32) dealing in a controlled substance resulting in death (IC
2 35-42-1-1.5).
3 (c) A serious violent felon who knowingly or intentionally possesses
4 a firearm commits unlawful possession of a firearm by a serious violent
5 felon, a Level 4 felony.
6 SECTION 12. IC 35-47-9-2, AS AMENDED BY P.L.109-2015,
7 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2025]: Sec. 2. (a) A person may not be charged with an
9 offense under this subsection if the person may be charged with an
10 offense described in subsection (c). A person who knowingly or
11 intentionally possesses a firearm:
12 (1) in or on school property; or
13 (2) on a school bus;
14 commits a Level 6 felony.
15 (b) It is a defense to a prosecution under subsection (a) that:
16 (1) the person is permitted to legally possess the firearm; and
17 (2) the firearm is:
18 (A) locked in the trunk of the person's motor vehicle;
19 (B) kept in the glove compartment of the person's locked
20 motor vehicle; or
21 (C) stored out of plain sight in the person's locked motor
22 vehicle.
23 (c) A person who is permitted to legally possess a firearm and who
24 knowingly, intentionally, or recklessly leaves the firearm in plain view
25 in a motor vehicle that is parked in a school parking lot commits a
26 Class A misdemeanor.
27 (d) A person who knowingly or intentionally possesses an
28 imitation firearm:
29 (1) in or on school property; or
30 (2) on a school bus;
31 commits possession of an imitation firearm on school property, a
32 Class B misdemeanor.
33 SECTION 13. IC 35-48-4-1, AS AMENDED BY P.L.48-2023,
34 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 1. (a) A person who:
36 (1) knowingly or intentionally:
37 (A) manufactures;
38 (B) finances the manufacture of;
39 (C) delivers; or
40 (D) finances the delivery of;
41 cocaine or a narcotic drug, pure or adulterated, classified in
42 schedule I or II; or
ES 324—LS 7261/DI 151 14
1 (2) possesses, with intent to:
2 (A) manufacture;
3 (B) finance the manufacture of;
4 (C) deliver; or
5 (D) finance the delivery of;
6 cocaine or a narcotic drug, pure or adulterated, classified in
7 schedule I or II;
8 commits dealing in cocaine or a narcotic drug, a Level 5 felony, except
9 as provided in subsections (b) through (e).
10 (b) A person may be convicted of an offense under subsection (a)(2)
11 only if:
12 (1) there is evidence in addition to the weight of the drug that the
13 person intended to manufacture, finance the manufacture of,
14 deliver, or finance the delivery of the drug; or
15 (2) the amount of the drug involved is at least twenty-eight (28)
16 grams.
17 (c) The offense is a Level 4 felony if:
18 (1) the amount of the drug involved is at least one (1) gram but
19 less than five (5) grams;
20 (2) the amount of the drug involved is less than one (1) gram and
21 an enhancing circumstance applies;
22 (3) the drug is heroin and the amount of heroin involved,
23 aggregated over a period of not more than ninety (90) days, is at
24 least three (3) grams but less than seven (7) grams; or
25 (4) the drug is a fentanyl containing substance and the amount of
26 fentanyl containing substance involved aggregated over a period
27 of not more than ninety (90) days, is at least one (1) gram but is
28 less than three (3) grams. one (1) gram.
29 (d) The offense is a Level 3 felony if:
30 (1) the amount of the drug involved is at least five (5) grams but
31 less than ten (10) grams;
32 (2) the amount of the drug involved is at least one (1) gram but
33 less than five (5) grams and an enhancing circumstance applies;
34 (3) the drug is heroin and the amount of heroin involved,
35 aggregated over a period of not more than ninety (90) days, is at
36 least seven (7) grams but less than twelve (12) grams;
37 (4) the drug is heroin and:
38 (A) the amount of heroin involved, aggregated over a period
39 of not more than ninety (90) days, is at least three (3) grams
40 but less than seven (7) grams; and
41 (B) an enhancing circumstance applies;
42 (5) the drug is a fentanyl containing substance and the amount of
ES 324—LS 7261/DI 151 15
1 fentanyl containing substance involved, aggregated over a period
2 of not more than ninety (90) days, is at least three (3) grams one
3 (1) gram but less than seven (7) five (5) grams; or
4 (6) the drug is a fentanyl containing substance and:
5 (A) the amount of fentanyl containing substance involved
6 aggregated over a period of not more than ninety (90) days, is
7 at least one (1) gram but is less than three (3) grams; one (1)
8 gram; and
9 (B) an enhancing circumstance applies.
10 (e) The offense is a Level 2 felony if:
11 (1) the amount of the drug involved is at least ten (10) grams;
12 (2) the amount of the drug involved is at least five (5) grams but
13 less than ten (10) grams and an enhancing circumstance applies;
14 (3) the drug is heroin and the amount of heroin involved,
15 aggregated over a period of not more than ninety (90) days, is at
16 least twelve (12) grams;
17 (4) the drug is heroin and:
18 (A) the amount of heroin involved, aggregated over a period
19 of not more than ninety (90) days, is at least seven (7) grams
20 but less than twelve (12) grams; and
21 (B) an enhancing circumstance applies;
22 (5) the drug is a fentanyl containing substance and the amount of
23 fentanyl containing substance involved, aggregated over a period
24 of not more than ninety (90) days, is at least seven (7) five (5)
25 grams; or
26 (6) the drug is a fentanyl containing substance and:
27 (A) the amount of fentanyl containing substance involved,
28 aggregated over a period of not more than ninety (90) days, is
29 at least three (3) grams one (1) gram but less than seven (7)
30 five (5) grams; and
31 (B) an enhancing circumstance applies.
ES 324—LS 7261/DI 151 16
COMMITTEE REPORT
Mr. President: The Senate Committee on Corrections and Criminal
Law, to which was referred Senate Bill No. 324, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 5, delete lines 18 through 26, begin a new paragraph and
insert:
"SECTION 4. IC 35-33-8-3.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3.4. (a) This section applies only
to a violent arrestee. 
(b) The following definitions apply throughout this section:
(1) "Crime of violence" means an offense:
(A) described in IC 35-50-1-2(a); and
(B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
felony. 
(2) "Default bail schedule" means the following minimum bail
amounts, based on the most serious charged crime:
(A) For murder, no bail.
(B) For a Class A felony, Level 1 felony, or Level 2 felony,
fifty thousand dollars ($50,000).
(C) For a Class B felony, Level 3 felony, or Level 4 felony,
twenty thousand dollars ($20,000).
(D) For a Class C felony or Level 5 felony that is a crime of
domestic violence, twenty-five thousand dollars ($25,000).
(E) For a Class C felony or Level 5 felony that is not a
crime of domestic violence, seven thousand five hundred
dollars ($7,500).
(F) For a Class D felony or Level 6 felony, five hundred
dollars ($500).
(3) "Minimum bail amount" means:
(A) if:
(i) the court has adopted a bail schedule, the bail amount
prescribed for a particular offense in the court's bail
schedule; or
(ii) the court has not adopted a bail schedule, the default
bail schedule; or
(B) if the violent arrestee has a prior conviction for a crime
of violence, twice the bail amount prescribed for a
particular offense in the court's bail schedule or default
bail schedule (whichever applies) for a violent arrestee
ES 324—LS 7261/DI 151 17
without a prior conviction for a crime of violence; 
as applicable. 
(4) "Repeat violent arrestee" means a person arrested for or
charged with a crime of violence who has a prior conviction
for a crime of violence.
(5) "Violent arrestee" means a person arrested for or charged
with a crime of violence. 
(c) A violent arrestee may not be released pursuant to a bail
schedule, and may only be released on bail set individually by the
court following a hearing held in open court. Except as provided in
section 6 of this chapter, the court shall conduct a bail hearing not
later than forty-eight (48) hours after the person has been arrested,
unless exigent circumstances prevent holding the hearing within
forty-eight (48) hours. Before releasing a violent arrestee on bail,
the court must review the probable cause affidavit or arrest
warrant.
(d) A repeat violent arrestee may not be released pursuant to a
bail schedule, and may only be released on bail set individually by
the court following a hearing held in open court. Except as
provided in section 6 of this chapter, the court shall conduct a bail
hearing not later than forty-eight (48) hours after the person has
been arrested, unless exigent circumstances prevent holding the
hearing within forty-eight (48) hours. Before releasing a repeat
violent arrestee on bail, the court must review the probable cause
affidavit or arrest warrant. If a court releases a repeat violent
arrestee on bail, the court must impose bail in an amount that
equals or exceeds the minimum bail amount for the repeat violent
arrestee's most serious offense.
(e) A third party may not pay money bail imposed under this
section on behalf of a repeat violent arrestee (even for the portion
that exceeds the minimum bail amount) unless the third party is a
close relative (as defined in IC 33-23-11-2) of the repeat violent
arrestee.".
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to SB 324 as introduced.)
FREEMAN, Chairperson
Committee Vote: Yeas 8, Nays 1.
ES 324—LS 7261/DI 151 18
COMMITTEE REPORT
Mr. President: The Senate Committee on Appropriations, to which
was referred Senate Bill No. 324, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill DO PASS.
 (Reference is to SB 324 as printed January 29, 2025.)
           
MISHLER, Chairperson
Committee Vote: Yeas 10, Nays 3
_____
SENATE MOTION
Mr. President: I move that Senate Bill 324 be amended to read as
follows:
Page 10, between lines 21 and 22, begin a new paragraph and insert:
"SECTION 7. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law enforcement
officer or a person assisting the officer while the officer is
lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the authorized
service or execution of a civil or criminal process or order of a
court; or
(3) flees from a law enforcement officer after the officer has, by
visible or audible means, including operation of the law
enforcement officer's siren or emergency lights, identified himself
or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except as
provided in subsection (c).
(b) A person who, having been denied entry by a firefighter, an
emergency medical services provider, or a law enforcement officer,
knowingly or intentionally enters an area that is marked off with barrier
tape or other physical barriers, commits interfering with public safety,
a Class B misdemeanor, except as provided in subsection (c) or (k).
(c) The offense under subsection (a) or (b) is a:
(1) Level 6 Level 5 felony if:
(A) the person uses a vehicle to commit the offense; or
(B) while committing the offense, the person:
ES 324—LS 7261/DI 151 19
(i) draws or uses a deadly weapon;
(ii) inflicts bodily injury on or otherwise causes bodily injury
to another person; or
(iii) operates a vehicle in a manner that creates a substantial
risk of bodily injury to another person;
(2) Level 5 Level 4 felony if:
(A) while committing the offense, the person operates a
vehicle in a manner that causes serious bodily injury to another
person; or
(B) the person uses a vehicle to commit the offense and the
person has a prior unrelated conviction under this section
involving the use of a vehicle in the commission of the
offense;
(3) Level 3 felony if, while committing the offense, the person
operates a vehicle in a manner that causes the death or
catastrophic injury of another person; and
(4) Level 2 felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death or catastrophic injury of a firefighter, an
emergency medical services provider, or a law enforcement
officer while the firefighter, emergency medical services provider,
or law enforcement officer is engaged in the firefighter's,
emergency medical services provider's, or officer's official duties.
(d) The offense under subsection (a) is a Level 6 felony if, while
committing an offense under:
(1) subsection (a)(1) or (a)(2), the person:
(A) creates a substantial risk of bodily injury to the person or
another person; and
(B) has two (2) or more prior unrelated convictions under
subsection (a); or
(2) subsection (a)(3), the person has two (2) or more prior
unrelated convictions under subsection (a).
(e) If a person uses a vehicle to commit a felony offense under
subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
penalty imposed for the offense, the court shall impose a minimum
executed sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1) prior
unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior unrelated
convictions under this section.
ES 324—LS 7261/DI 151 20
(f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
minimum sentence imposed under subsection (e) may not be
suspended.
(g) If a person is convicted of an offense involving the use of a
motor vehicle under:
(1) subsection (c)(1)(A), if the person exceeded the speed limit by
at least twenty (20) miles per hour while committing the offense;
(2) subsection (c)(2); or
(3) subsection (c)(3);
the court may notify the bureau of motor vehicles to suspend or revoke
the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
court shall inform the bureau whether the person has been sentenced
to a term of incarceration. At the time of conviction, the court may
obtain the person's current driver's license and return the license to the
bureau of motor vehicles.
(h) A person may not be charged or convicted of a crime under
subsection (a)(3) if the law enforcement officer is a school resource
officer acting in the officer's capacity as a school resource officer.
(i) A person who commits an offense described in subsection (c)
commits a separate offense for each person whose bodily injury,
serious bodily injury, catastrophic injury, or death is caused by a
violation of subsection (c).
(j) A court may order terms of imprisonment imposed on a person
convicted of more than one (1) offense described in subsection (c) to
run consecutively. Consecutive terms of imprisonment imposed under
this subsection are not subject to the sentencing restrictions set forth in
IC 35-50-1-2(c) through IC 35-50-1-2(d).
(k) As used in this subsection, "family member" means a child,
grandchild, parent, grandparent, or spouse of the person. It is a defense
to a prosecution under subsection (b) that the person reasonably
believed that the person's family member:
(1) was in the marked off area; and
(2) had suffered bodily injury or was at risk of suffering bodily
injury;
if the person is not charged as a defendant in connection with the
offense, if applicable, that caused the area to be secured by barrier tape
or other physical barriers.".
Page 11, line 30, after "Level 3 felony," insert "Level 4 felony,".
Renumber all SECTIONS consecutively.
ES 324—LS 7261/DI 151 21
(Reference is to SB 324 as printed February 14, 2025.)
BALDWIN
_____
SENATE MOTION
Mr. President: I move that Senate Bill 324 be amended to read as
follows:
Page 6, between lines 41 and 42, begin a new paragraph and insert:
"SECTION 8. IC 35-33-8-11, AS AMENDED BY P.L.84-2022,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. (a) Except as provided in subsection (c), a
court may require a person who has been charged with a crime of
domestic violence (as described in IC 35-31.5-2-78) to wear a
monitoring device as a condition of bail.
(b) A court may order a person who is required to wear a monitoring
device under subsection (a) to pay any costs associated with the
monitoring device.
(c) A court shall require a person to wear a monitoring device
as a condition of bail if the person:
(1) is charged with a crime of domestic violence (as described
in IC 35-31.5-2-78);
(2) has a prior unrelated conviction for a violent offense (as
described in IC 11-12-3.7-6); and
(3) has at least one (1) prior conviction for invasion of privacy
(as described in IC 35-46-1-15.1).".
Renumber all SECTIONS consecutively.
(Reference is to SB 324 as printed February 14, 2025.)
QADDOURA
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred Senate Bill 324, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
ES 324—LS 7261/DI 151 22
Page 1, delete lines 1 through 17, begin a new paragraph and insert:
"SECTION 1. IC 9-30-10-4, AS AMENDED BY P.L.201-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) A person who has accumulated at least two
(2) judgments within a ten (10) year period for any of the following
violations, singularly or in combination, and not arising out of the same
incident, is a habitual violator:
(1) Reckless homicide resulting from the operation of a motor
vehicle.
(2) Voluntary or involuntary manslaughter resulting from the
operation of a motor vehicle.
(3) Failure of the operator of a motor vehicle involved in an
accident resulting in death or injury to any person to stop at the
scene of the accident and give the required information and
assistance.
(4) Operation of a vehicle while intoxicated resulting in death.
(5) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood resulting in
death.
(6) After June 30, 1997, and before July 1, 2001, operation of a
vehicle with an alcohol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(7) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram
of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(b) A person who has accumulated at least three (3) judgments
within a ten (10) year period for any of the following violations,
singularly or in combination, and not arising out of the same incident,
is a habitual violator:
(1) Operation of a vehicle while intoxicated.
(2) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood.
(3) After June 30, 1997, and before July 1, 2001, operation of a
vehicle with an alcohol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
ES 324—LS 7261/DI 151 23
(B) two hundred ten (210) liters of the breath.
(4) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram
of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(5) Reckless driving.
(6) Criminal recklessness as a felony involving the operation of
a motor vehicle.
(7) Drag racing or engaging in a speed contest in violation of law.
(8) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46
(repealed July 1, 1991), IC 9-26-1-1(1) (repealed January 1,
2015), IC 9-26-1-1(2) (repealed January 1, 2015), IC 9-26-1-2(1)
(repealed January 1, 2015), IC 9-26-1-2(2) (repealed January 1,
2015), IC 9-26-1-3 (repealed January 1, 2015), IC 9-26-1-4
(repealed January 1, 2015), or IC 9-26-1-1.1.
(9) Resisting law enforcement under IC 35-44.1-3-1(c)(1)(A),
IC 35-44.1-3-1(c)(2), IC 35-44.1-3-1(c)(3), or
IC 35-44.1-3-1(c)(4). IC 35-44.1-3-1(c)(1),
IC 35-44.1-3-1(c)(2)(C) through IC 35-44.1-3-1(c)(2)(E),
IC 35-44.1-3-1(c)(3), or IC 35-44.1-3-1(c)(4).
(10) Any felony under this title or any felony in which the
operation of a motor vehicle is an element of the offense.
A judgment for a violation enumerated in subsection (a) shall be added
to the violations described in this subsection for the purposes of this
subsection.
(c) A person who has accumulated at least ten (10) judgments
within a ten (10) year period for any traffic violation, except a parking
or an equipment violation, of the type required to be reported to the
bureau, singularly or in combination, and not arising out of the same
incident, is a habitual violator. However, at least one (1) of the
judgments must be for:
(1) a violation enumerated in subsection (a);
(2) a violation enumerated in subsection (b);
(3) operating a motor vehicle while the person's license to do so
has been suspended or revoked as a result of the person's
conviction of an offense under IC 9-1-4-52 (repealed July 1,
1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-2, or
IC 9-24-19-3; or
(4) operating a motor vehicle without ever having obtained a
license to do so.
A judgment for a violation enumerated in subsection (a) or (b) shall be
ES 324—LS 7261/DI 151 24
added to the judgments described in this subsection for the purposes of
this subsection.
(d) For purposes of this section, a judgment includes a judgment in
any other jurisdiction in which the elements of the offense for which
the conviction was entered are substantially similar to the elements of
the offenses described in subsections (a), (b), and (c).
(e) For purposes of this section, the offense date is used when
determining the number of judgments accumulated within a ten (10)
year period.
SECTION 2. IC 35-31.5-2-164.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 164.4 "Imitation firearm", for
purposes of IC 35-47, has the meaning set forth in IC 35-47-1-6.5.
SECTION 3. IC 35-33-1-1.7 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 1.7. (a) A facility having custody of a person arrested for
a crime of domestic violence (as described in IC 35-31.5-2-78) shall
keep the person in custody for at least eight (8) hours from the time of
the arrest.
(b) A person described in subsection (a) may not be released on bail
until at least eight (8) hours from the time of the person's arrest.
SECTION 4. IC 35-33-8-0.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 0.4. Any bail hearing required or permitted to be
conducted under this chapter, including a hearing required to be
conducted in open court, may be conducted virtually.".
Delete pages 2 through 5.
Page 6, delete lines 1 through 41, begin a new paragraph and insert:
"SECTION 5. IC 35-33-8-3.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3.4. (a) This section applies only
to a violent arrestee.
(b) The following definitions apply throughout this section:
(1) "Crime of violence" means an offense:
(A) described in IC 35-50-1-2(a); and
(B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
felony.
(2) "Repeat violent arrestee" means a person arrested for or
charged with a crime of violence who has a prior conviction
for a crime of violence.
(3) "Violent arrestee" means a person arrested for or charged
with a crime of violence.
(c) A violent arrestee may only be released on bail set
ES 324—LS 7261/DI 151 25
individually by the court following a hearing held in open court.
Before releasing a violent arrestee on bail, the court must review
the probable cause affidavit or arrest warrant.
(d) A repeat violent arrestee may only be released on bail set
individually by the court following a hearing held in open court.
Before releasing a repeat violent arrestee on bail, the court must
review the probable cause affidavit or arrest warrant. If a court
releases a repeat violent arrestee on bail, the court must impose
money bail payable by surety bond or cash deposit.
SECTION 6. IC 35-33-8-6.5, AS AMENDED BY P.L.28-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6.5. (a) The court, or a facility having custody
of a person, may not release a person on bail for at least twenty-four
(24) hours from the time of the person's arrest if the person is arrested
for one (1) or more of the following offenses committed against a
family or household member:
(1) A crime of domestic violence (as described in
IC 35-31.5-2-78).
(2) Battery (IC 35-42-2-1).
(3) Domestic battery (IC 35-42-2-1.3).
(4) Aggravated battery (IC 35-42-2-1.5).
(5) Strangulation (IC 35-42-2-9).
(6) Rape (IC 35-42-4-1).
(7) Sexual battery (IC 35-42-4-8).
(8) Invasion of privacy (IC 35-46-1-15.1).
(9) Criminal stalking (IC 35-45-10-5).
(10) Criminal recklessness (IC 35-42-2-2).
(11) Criminal confinement (IC 35-42-3-3).
(12) Burglary (IC 35-43-2-1).
(13) Residential entry (IC 35-43-2-1.5).
(b) A court may not release a person described in subsection (a)
on bail until the court has conducted a bail hearing in open court.".
Page 7, delete lines 17 through 42, begin a new paragraph and
insert:
"SECTION 7. IC 35-38-1-7.1, AS AMENDED BY P.L.148-2024,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7.1. (a) In determining what sentence to impose
for a crime, the court may consider the following aggravating
circumstances:
(1) The harm, injury, loss, or damage suffered by the victim of an
offense was:
(A) significant; and
ES 324—LS 7261/DI 151 26
(B) greater than the elements necessary to prove the
commission of the offense.
(2) The person has a history of criminal or delinquent behavior.
(3) The victim of the offense was less than twelve (12) years of
age or at least sixty-five (65) years of age at the time the person
committed the offense.
(4) The person:
(A) committed a crime of violence (IC 35-50-1-2); and
(B) knowingly committed the offense in the presence or within
hearing of an individual who:
(i) was less than eighteen (18) years of age at the time the
person committed the offense; and
(ii) is not the victim of the offense.
(5) The person violated a protective order issued against the
person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
IC 34-4-5.1 before their repeal), a workplace violence restraining
order issued against the person under IC 34-26-6, or a no contact
order issued against the person.
(6) The person has recently violated the conditions of any
probation, parole, pardon, community corrections placement, or
pretrial release granted to the person.
(7) The victim of the offense was:
(A) a person with a disability (as defined in IC 27-7-6-12), and
the defendant knew or should have known that the victim was
a person with a disability; or
(B) mentally or physically infirm.
(8) The person was in a position having care, custody, or control
of the victim of the offense.
(9) The injury to or death of the victim of the offense was the
result of shaken baby syndrome (as defined in IC 16-41-40-2) or
abusive head trauma.
(10) The person threatened to harm the victim of the offense or a
witness if the victim or witness told anyone about the offense.
(11) The person:
(A) committed trafficking with an inmate under
IC 35-44.1-3-5; and
(B) is an employee of the penal facility.
(12) The person committed the offense with bias due to the
victim's or the group's real or perceived characteristic, trait, belief,
practice, association, or other attribute the court chooses to
consider, including but not limited to an attribute described in
IC 10-13-3-1.
ES 324—LS 7261/DI 151 27
(13) The person is or has been an alien (as defined by 8 U.S.C.
1101(a)) unlawfully present in the United States. A
determination by the United States Department of Homeland
Security that an alien has come to, entered, or remained in the
United States in violation of law is evidence that the alien is or
has been unlawfully present in the United States.
(14) The offense involved dealing in a controlled substance
under IC 35-48-4 and the person distributed the controlled
substance to at least three (3) different individuals in a one
hundred eighty (180) day period.
(b) The court may consider the following factors as mitigating
circumstances or as favoring suspending the sentence and imposing
probation:
(1) The crime neither caused nor threatened serious harm to
persons or property, or the person did not contemplate that it
would do so.
(2) The crime was the result of circumstances unlikely to recur.
(3) The victim of the crime induced or facilitated the offense.
(4) There are substantial grounds tending to excuse or justify the
crime, though failing to establish a defense.
(5) The person acted under strong provocation.
(6) The person has no history of delinquency or criminal activity,
or the person has led a law-abiding life for a substantial period
before commission of the crime.
(7) The person is likely to respond affirmatively to probation or
short term imprisonment.
(8) The character and attitudes of the person indicate that the
person is unlikely to commit another crime.
(9) The person has made or will make restitution to the victim of
the crime for the injury, damage, or loss sustained.
(10) Imprisonment of the person will result in undue hardship to
the person or the dependents of the person.
(11) The person was convicted of a crime involving the use of
force against a person who had repeatedly inflicted physical or
sexual abuse upon the convicted person and evidence shows that
the convicted person suffered from the effects of battery as a
result of the past course of conduct of the individual who is the
victim of the crime for which the person was convicted.
(12) The person was convicted of a crime relating to a controlled
substance and the person's arrest or prosecution was facilitated in
part because the person:
(A) requested emergency medical assistance; or
ES 324—LS 7261/DI 151 28
(B) acted in concert with another person who requested
emergency medical assistance;
for an individual who reasonably appeared to be in need of
medical assistance due to the use of alcohol or a controlled
substance.
(13) The person has posttraumatic stress disorder, traumatic brain
injury, or a postconcussive brain injury.
(14) The person is a person described in IC 31-30-1-4(d) who
committed the offense while the person was a child but is now at
least twenty-one (21) years of age.
(15) The offense involved dealing in a controlled substance
under IC 35-48-4 and the person:
(A) has been diagnosed with a substance use disorder; and
(B) has sought treatment for the substance use disorder.
(c) The criteria listed in subsections (a) and (b) do not limit the
matters that the court may consider in determining the sentence.
(d) A court may impose any sentence that is:
(1) authorized by statute; and
(2) permissible under the Constitution of the State of Indiana;
regardless of the presence or absence of aggravating circumstances or
mitigating circumstances.
(e) If a court suspends a sentence and orders probation for a person
described in subsection (b)(13), the court may require the person to
receive treatment for the person's injuries.
SECTION 8. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law enforcement
officer or a person assisting the officer while the officer is
lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the authorized
service or execution of a civil or criminal process or order of a
court; or
(3) flees from a law enforcement officer after the officer has, by
visible or audible means, including operation of the law
enforcement officer's siren or emergency lights, identified himself
or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except as
provided in subsection (c).
(b) A person who, having been denied entry by a firefighter, an
emergency medical services provider, or a law enforcement officer,
knowingly or intentionally enters an area that is marked off with barrier
ES 324—LS 7261/DI 151 29
tape or other physical barriers, commits interfering with public safety,
a Class B misdemeanor, except as provided in subsection (c) or (k).
(c) The offense under subsection (a) or (b) is a:
(1) Level 6 felony if (A) the person uses a vehicle to commit the
offense; or
(B) (2) Level 5 felony if: while committing the offense, the
person:
(i) (A) while committing the offense, the person draws or
uses a deadly weapon;
(ii) (B) while committing the offense, the person inflicts
bodily injury on or otherwise causes bodily injury to another
person; or
(iii) (C) while committing the offense, the person operates
a vehicle in a manner that creates a substantial risk of bodily
injury to another person;
(2) Level 5 felony if:
(A) (D) while committing the offense, the person operates a
vehicle in a manner that causes serious bodily injury to another
person; or
(B) (E) the person uses a vehicle to commit the offense and the
person has a prior unrelated conviction under this section
involving the use of a vehicle in the commission of the
offense;
(3) Level 3 felony if, while committing the offense, the person
operates a vehicle in a manner that causes the death or
catastrophic injury of another person; and
(4) Level 2 felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death or catastrophic injury of a firefighter, an
emergency medical services provider, or a law enforcement
officer while the firefighter, emergency medical services provider,
or law enforcement officer is engaged in the firefighter's,
emergency medical services provider's, or officer's official duties.
(d) The offense under subsection (a) is a Level 6 felony if, while
committing an offense under:
(1) subsection (a)(1) or (a)(2), the person:
(A) creates a substantial risk of bodily injury to the person or
another person; and
(B) has two (2) or more prior unrelated convictions under
subsection (a); or
(2) subsection (a)(3), the person has two (2) or more prior
unrelated convictions under subsection (a).
ES 324—LS 7261/DI 151 30
(e) If a person uses a vehicle to commit a felony offense under
subsection (c)(1)(B), (c)(1), (c)(2), (c)(3), or (c)(4), as part of the
criminal penalty imposed for the offense, the court shall impose a
minimum executed sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1) prior
unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior unrelated
convictions under this section.
(f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
minimum sentence imposed under subsection (e) may not be
suspended.
(g) If a person is convicted of an offense involving the use of a
motor vehicle under:
(1) subsection (c)(1)(A), subsection (c)(1), if the person exceeded
the speed limit by at least twenty (20) miles per hour while
committing the offense;
(2) subsection (c)(2); or
(3) subsection (c)(3);
the court may notify the bureau of motor vehicles to suspend or revoke
the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
court shall inform the bureau whether the person has been sentenced
to a term of incarceration. At the time of conviction, the court may
obtain the person's current driver's license and return the license to the
bureau of motor vehicles.
(h) A person may not be charged or convicted of a crime under
subsection (a)(3) if the law enforcement officer is a school resource
officer acting in the officer's capacity as a school resource officer.
(i) A person who commits an offense described in subsection (c)
commits a separate offense for each person whose bodily injury,
serious bodily injury, catastrophic injury, or death is caused by a
violation of subsection (c).
(j) A court may order terms of imprisonment imposed on a person
convicted of more than one (1) offense described in subsection (c) to
run consecutively. Consecutive terms of imprisonment imposed under
this subsection are not subject to the sentencing restrictions set forth in
IC 35-50-1-2(c) through IC 35-50-1-2(d).
(k) As used in this subsection, "family member" means a child,
grandchild, parent, grandparent, or spouse of the person. It is a defense
to a prosecution under subsection (b) that the person reasonably
ES 324—LS 7261/DI 151 31
believed that the person's family member:
(1) was in the marked off area; and
(2) had suffered bodily injury or was at risk of suffering bodily
injury;
if the person is not charged as a defendant in connection with the
offense, if applicable, that caused the area to be secured by barrier tape
or other physical barriers.
SECTION 10. IC 35-47-1-6.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 6.5. "Imitation firearm" means
an object or device so substantially similar in coloration and
overall appearance to a firearm that it would cause a reasonable
person to believe that the object or device is a firearm.
SECTION 9. IC 35-47-4-5, AS AMENDED BY THE TECHNICAL
CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
Sec. 5. (a) As used in this section, "serious violent felon" means a
person who has been convicted of committing a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (IC 35-42-1-1);
(2) attempted murder (IC 35-41-5-1);
(3) voluntary manslaughter (IC 35-42-1-3);
(4) reckless homicide not committed by means of a vehicle (IC
35-42-1-5);
(5) battery (IC 35-42-2-1) as a:
(A) Class A felony, Class B felony, or Class C felony, for a
crime committed before July 1, 2014; or
(B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
felony, for a crime committed after June 30, 2014;
(6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
3 felony, Level 4 felony, or Level 5 felony;
(7) aggravated battery (IC 35-42-2-1.5);
(8) strangulation (IC 35-42-2-9);
(9) kidnapping (IC 35-42-3-2);
(10) criminal confinement (IC 35-42-3-3);
(11) a human or sexual trafficking offense under IC 35-42-3.5;
(12) rape (IC 35-42-4-1);
(13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
(14) child molesting (IC 35-42-4-3);
(15) sexual battery (IC 35-42-4-8) as a:
(A) Class C felony, for a crime committed before July 1, 2014;
or
ES 324—LS 7261/DI 151 32
(B) Level 5 felony, for a crime committed after June 30, 2014;
(16) robbery (IC 35-42-5-1);
(17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
(18) arson (IC 35-43-1-1(a)) as a:
(A) Class A felony or Class B felony, for a crime committed
before July 1, 2014; or
(B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
crime committed after June 30, 2014;
(19) burglary (IC 35-43-2-1) as a:
(A) Class A felony or Class B felony, for a crime committed
before July 1, 2014; or
(B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
felony, for a crime committed after June 30, 2014;
(20) assisting a criminal (IC 35-44.1-2-5) as a:
(A) Class C felony, for a crime committed before July 1, 2014;
or
(B) Level 5 felony, for a crime committed after June 30, 2014;
(21) resisting law enforcement (IC 35-44.1-3-1) as a:
(A) Class B felony or Class C felony, for a crime committed
before July 1, 2014; or
(B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
crime committed after June 30, 2014;
(22) escape (IC 35-44.1-3-4) as a:
(A) Class B felony or Class C felony, for a crime committed
before July 1, 2014; or
(B) Level 4 felony or Level 5 felony, for a crime committed
after June 30, 2014;
(23) trafficking with an inmate (IC 35-44.1-3-5) as a:
(A) Class C felony, for a crime committed before July 1, 2014;
or
(B) Level 5 felony, for a crime committed after June 30, 2014;
(24) criminal organization intimidation (IC 35-45-9-4);
(25) stalking (IC 35-45-10-5) as a:
(A) Class B felony or Class C felony, for a crime committed
before July 1, 2014; or
(B) Level 4 felony or Level 5 felony, for a crime committed
after June 30, 2014;
(26) incest (IC 35-46-1-3);
(27) dealing in or manufacturing cocaine or a narcotic drug (IC
35-48-4-1);
(28) dealing in methamphetamine (IC 35-48-4-1.1) or
manufacturing methamphetamine (IC 35-48-4-1.2);
ES 324—LS 7261/DI 151 33
(29) dealing in a schedule I, II, or III controlled substance (IC
35-48-4-2);
(30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
(31) dealing in a schedule V controlled substance (IC 35-48-4-4);
or
(32) dealing in a controlled substance resulting in death (IC
35-42-1-1.5).
(c) A serious violent felon who knowingly or intentionally possesses
a firearm commits unlawful possession of a firearm by a serious violent
felon, a Level 4 felony.
SECTION 12. IC 35-47-9-2, AS AMENDED BY P.L.109-2015,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) A person may not be charged with an
offense under this subsection if the person may be charged with an
offense described in subsection (c). A person who knowingly or
intentionally possesses a firearm:
(1) in or on school property; or
(2) on a school bus;
commits a Level 6 felony.
(b) It is a defense to a prosecution under subsection (a) that:
(1) the person is permitted to legally possess the firearm; and
(2) the firearm is:
(A) locked in the trunk of the person's motor vehicle;
(B) kept in the glove compartment of the person's locked
motor vehicle; or
(C) stored out of plain sight in the person's locked motor
vehicle.
(c) A person who is permitted to legally possess a firearm and who
knowingly, intentionally, or recklessly leaves the firearm in plain view
in a motor vehicle that is parked in a school parking lot commits a
Class A misdemeanor.
(d) A person who knowingly or intentionally possesses an
imitation firearm:
(1) in or on school property; or
(2) on a school bus;
commits possession of an imitation firearm on school property, a
Class B misdemeanor.
SECTION 10. IC 35-48-4-1, AS AMENDED BY P.L.48-2023,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
ES 324—LS 7261/DI 151 34
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
cocaine or a narcotic drug, pure or adulterated, classified in
schedule I or II; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
cocaine or a narcotic drug, pure or adulterated, classified in
schedule I or II;
commits dealing in cocaine or a narcotic drug, a Level 5 felony, except
as provided in subsections (b) through (e).
(b) A person may be convicted of an offense under subsection (a)(2)
only if:
(1) there is evidence in addition to the weight of the drug that the
person intended to manufacture, finance the manufacture of,
deliver, or finance the delivery of the drug; or
(2) the amount of the drug involved is at least twenty-eight (28)
grams.
(c) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least one (1) gram but
less than five (5) grams;
(2) the amount of the drug involved is less than one (1) gram and
an enhancing circumstance applies;
(3) the drug is heroin and the amount of heroin involved,
aggregated over a period of not more than ninety (90) days, is at
least three (3) grams but less than seven (7) grams; or
(4) the drug is a fentanyl containing substance and the amount of
fentanyl containing substance involved aggregated over a period
of not more than ninety (90) days, is at least one (1) gram but is
less than three (3) grams. one (1) gram.
(d) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least five (5) grams but
less than ten (10) grams;
(2) the amount of the drug involved is at least one (1) gram but
less than five (5) grams and an enhancing circumstance applies;
(3) the drug is heroin and the amount of heroin involved,
aggregated over a period of not more than ninety (90) days, is at
least seven (7) grams but less than twelve (12) grams;
(4) the drug is heroin and:
ES 324—LS 7261/DI 151 35
(A) the amount of heroin involved, aggregated over a period
of not more than ninety (90) days, is at least three (3) grams
but less than seven (7) grams; and
(B) an enhancing circumstance applies;
(5) the drug is a fentanyl containing substance and the amount of
fentanyl containing substance involved, aggregated over a period
of not more than ninety (90) days, is at least three (3) grams one
(1) gram but less than seven (7) five (5) grams; or
(6) the drug is a fentanyl containing substance and:
(A) the amount of fentanyl containing substance involved
aggregated over a period of not more than ninety (90) days, is
at least one (1) gram but is less than three (3) grams; one (1)
gram; and
(B) an enhancing circumstance applies.
(e) The offense is a Level 2 felony if:
(1) the amount of the drug involved is at least ten (10) grams;
(2) the amount of the drug involved is at least five (5) grams but
less than ten (10) grams and an enhancing circumstance applies;
(3) the drug is heroin and the amount of heroin involved,
aggregated over a period of not more than ninety (90) days, is at
least twelve (12) grams;
(4) the drug is heroin and:
(A) the amount of heroin involved, aggregated over a period
of not more than ninety (90) days, is at least seven (7) grams
but less than twelve (12) grams; and
(B) an enhancing circumstance applies;
(5) the drug is a fentanyl containing substance and the amount of
fentanyl containing substance involved, aggregated over a period
of not more than ninety (90) days, is at least seven (7) five (5)
grams; or
(6) the drug is a fentanyl containing substance and:
(A) the amount of fentanyl containing substance involved,
aggregated over a period of not more than ninety (90) days, is
at least three (3) grams one (1) gram but less than seven (7)
five (5) grams; and
(B) an enhancing circumstance applies.".
Delete pages 8 through 21.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
ES 324—LS 7261/DI 151 36
(Reference is to SB 324 as reprinted February 18, 2025.)
MCNAMARA
Committee Vote: yeas 12, nays 1.
ES 324—LS 7261/DI 151