*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