Indiana 2025 Regular Session

Indiana Senate Bill SB0440 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 440
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-38-1-7.1.
7	7	Synopsis: Illegal immigrants and motor vehicle crimes. Adds an
8	8	aggravating circumstance for an offense involving the use of a motor
9	9	vehicle and that the person was illegally or unlawfully present in the
10	10	United States at the time of the offense.
11	11	Effective: July 1, 2025.
12	12	Bohacek
13	13	January 13, 2025, read first time and referred to Committee on Corrections and Criminal
14	14	Law.
15	15	2025 IN 440—LS 7045/DI 107 Introduced
16	16	First Regular Session of the 124th General Assembly (2025)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2024 Regular Session of the General Assembly.
26	26	SENATE BILL No. 440
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning
28	28	criminal law and procedure.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 35-38-1-7.1, AS AMENDED BY P.L.148-2024,
31	31	2 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32	32	3 JULY 1, 2025]: Sec. 7.1. (a) In determining what sentence to impose
33	33	4 for a crime, the court may consider the following aggravating
34	34	5 circumstances:
35	35	6 (1) The harm, injury, loss, or damage suffered by the victim of an
36	36	7 offense was:
37	37	8 (A) significant; and
38	38	9 (B) greater than the elements necessary to prove the
39	39	10 commission of the offense.
40	40	11 (2) The person has a history of criminal or delinquent behavior.
41	41	12 (3) The victim of the offense was less than twelve (12) years of
42	42	13 age or at least sixty-five (65) years of age at the time the person
43	43	14 committed the offense.
44	44	15 (4) The person:
45	45	16 (A) committed a crime of violence (IC 35-50-1-2); and
46	46	17 (B) knowingly committed the offense in the presence or within
47	47	2025 IN 440—LS 7045/DI 107 2
48	48	1 hearing of an individual who:
49	49	2 (i) was less than eighteen (18) years of age at the time the
50	50	3 person committed the offense; and
51	51	4 (ii) is not the victim of the offense.
52	52	5 (5) The person violated a protective order issued against the
53	53	6 person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
54	54	7 IC 34-4-5.1 before their repeal), a workplace violence restraining
55	55	8 order issued against the person under IC 34-26-6, or a no contact
56	56	9 order issued against the person.
57	57	10 (6) The person has recently violated the conditions of any
58	58	11 probation, parole, pardon, community corrections placement, or
59	59	12 pretrial release granted to the person.
60	60	13 (7) The victim of the offense was:
61	61	14 (A) a person with a disability (as defined in IC 27-7-6-12), and
62	62	15 the defendant knew or should have known that the victim was
63	63	16 a person with a disability; or
64	64	17 (B) mentally or physically infirm.
65	65	18 (8) The person was in a position having care, custody, or control
66	66	19 of the victim of the offense.
67	67	20 (9) The injury to or death of the victim of the offense was the
68	68	21 result of shaken baby syndrome (as defined in IC 16-41-40-2) or
69	69	22 abusive head trauma.
70	70	23 (10) The person threatened to harm the victim of the offense or a
71	71	24 witness if the victim or witness told anyone about the offense.
72	72	25 (11) The person:
73	73	26 (A) committed trafficking with an inmate under
74	74	27 IC 35-44.1-3-5; and
75	75	28 (B) is an employee of the penal facility.
76	76	29 (12) The person committed the offense with bias due to the
77	77	30 victim's or the group's real or perceived characteristic, trait, belief,
78	78	31 practice, association, or other attribute the court chooses to
79	79	32 consider, including but not limited to an attribute described in
80	80	33 IC 10-13-3-1.
81	81	34 (13) The person committed an offense involving the use of a
82	82	35 motor vehicle and was illegally or unlawfully present in the
83	83	36 United States at the time of the offense.
84	84	37 (b) The court may consider the following factors as mitigating
85	85	38 circumstances or as favoring suspending the sentence and imposing
86	86	39 probation:
87	87	40 (1) The crime neither caused nor threatened serious harm to
88	88	41 persons or property, or the person did not contemplate that it
89	89	42 would do so.
90	90	2025 IN 440—LS 7045/DI 107 3
91	91	1 (2) The crime was the result of circumstances unlikely to recur.
92	92	2 (3) The victim of the crime induced or facilitated the offense.
93	93	3 (4) There are substantial grounds tending to excuse or justify the
94	94	4 crime, though failing to establish a defense.
95	95	5 (5) The person acted under strong provocation.
96	96	6 (6) The person has no history of delinquency or criminal activity,
97	97	7 or the person has led a law-abiding life for a substantial period
98	98	8 before commission of the crime.
99	99	9 (7) The person is likely to respond affirmatively to probation or
100	100	10 short term imprisonment.
101	101	11 (8) The character and attitudes of the person indicate that the
102	102	12 person is unlikely to commit another crime.
103	103	13 (9) The person has made or will make restitution to the victim of
104	104	14 the crime for the injury, damage, or loss sustained.
105	105	15 (10) Imprisonment of the person will result in undue hardship to
106	106	16 the person or the dependents of the person.
107	107	17 (11) The person was convicted of a crime involving the use of
108	108	18 force against a person who had repeatedly inflicted physical or
109	109	19 sexual abuse upon the convicted person and evidence shows that
110	110	20 the convicted person suffered from the effects of battery as a
111	111	21 result of the past course of conduct of the individual who is the
112	112	22 victim of the crime for which the person was convicted.
113	113	23 (12) The person was convicted of a crime relating to a controlled
114	114	24 substance and the person's arrest or prosecution was facilitated in
115	115	25 part because the person:
116	116	26 (A) requested emergency medical assistance; or
117	117	27 (B) acted in concert with another person who requested
118	118	28 emergency medical assistance;
119	119	29 for an individual who reasonably appeared to be in need of
120	120	30 medical assistance due to the use of alcohol or a controlled
121	121	31 substance.
122	122	32 (13) The person has posttraumatic stress disorder, traumatic brain
123	123	33 injury, or a postconcussive brain injury.
124	124	34 (14) The person is a person described in IC 31-30-1-4(d) who
125	125	35 committed the offense while the person was a child but is now at
126	126	36 least twenty-one (21) years of age.
127	127	37 (c) The criteria listed in subsections (a) and (b) do not limit the
128	128	38 matters that the court may consider in determining the sentence.
129	129	39 (d) A court may impose any sentence that is:
130	130	40 (1) authorized by statute; and
131	131	41 (2) permissible under the Constitution of the State of Indiana;
132	132	42 regardless of the presence or absence of aggravating circumstances or
133	133	2025 IN 440—LS 7045/DI 107 4
134	134	1 mitigating circumstances.
135	135	2 (e) If a court suspends a sentence and orders probation for a person
136	136	3 described in subsection (b)(13), the court may require the person to
137	137	4 receive treatment for the person's injuries.
138	138	2025 IN 440—LS 7045/DI 107