Indiana House Bill 1033 (Prior Session Legislation)

---

Spectrum: Bipartisan Bill
Status: Enrolled on February 29 2012 - 75% progression, died in chamber
Action: 2012-03-15 - Signed by the Governor
Text: Latest bill text (Enrolled) [HTML]

Defines "criminal history provider." Requires a criminal history provider to: (1) update its records annually to remove inaccurate information and information that has been expunged, restricted, or limited; and (2) only disclose certain information relating to a conviction; as of July 1, 2013. Allows the attorney general and a person harmed by a criminal history provider to bring an action against the criminal history provider if the criminal history provider fails to update its records or discloses non-conviction information. Requires a court to restrict disclosure of information relating to an infraction to a noncriminal justice organization or individual if: (1) the person alleged to have committed the infraction is not prosecuted; (2) the infraction is dismissed; (3) the person is found not to have committed the infraction; or (4) the judgment is reversed on appeal. Establishes a procedure for the person to restrict disclosure of the information relating to the infraction if the court fails to act on its own. Requires records relating to an infraction to be sealed five years after the judgment for the infraction is satisfied. Makes it a Class B infraction for an employer to ask if a person's criminal records have been sealed or restricted. Allows a court to convert a Class D felony conviction to Class A misdemeanor conviction if: (1) the person is not a sex or violent offender; (2) the offense was a non-violent offense; (3) the person has not been convicted of perjury or official misconduct; (4) at least three years have passed since the person completed the sentence; (5) the person has not been convicted of a new felony; and (6) no criminal charges are pending against the person. Provides that if a person whose Class D felony conviction has been converted to a Class A misdemeanor conviction is convicted of a felony within five years after the conversion, a prosecuting attorney may petition a court to convert the person's Class A misdemeanor conviction back to a Class D felony conviction. Specifies that a conviction for a Class A misdemeanor that was originally entered as a Class D felony and converted to a Class A misdemeanor under an express sentencing provision is treated as a Class A misdemeanor.

Criminal history and sentencing.

Rep. Edward DeLaney [D]

Rep. Judson McMillin [R]

Rep. Matt Pierce [D]

Rep. Eric Turner [R]

2012-03-09 - House - House - Conference committee report 1 : adopted by the House (Y: 76 N: 11 NV: 5 Abs: 8) [PASS]
2012-03-09 - Senate - Senate - Conference committee report 1 : adopted by the Senate (Y: 45 N: 3 NV: 2 Abs: 0) [PASS]
2012-02-29 - Senate - Senate - Third reading: passed (Y: 47 N: 2 NV: 1 Abs: 0) [PASS]
2012-02-28 - Senate - Senate - Amendment 3 (Bray), prevailed (Y: 39 N: 11 NV: 0 Abs: 0) [PASS]
2012-01-30 - House - House - Third reading: passed (Y: 85 N: 9 NV: 2 Abs: 4) [PASS]

Date	Chamber	Action
2012-03-15		Signed by the Governor
2012-03-13		Signed by the President Pro Tempore
2012-03-12		Signed by the President of the Senate
2012-03-09		Signed by the Speaker
2012-03-09		Conference committee report 1 : adopted by the Senate; Roll Call 354: yeas 45, nays 3
2012-03-09		Senate Rule 86(a) suspended
2012-03-09		Conference committee report 1 : adopted by the House; Roll Call 403: yeas 76, nays 11
2012-03-09		Rules suspended
2012-03-09		Conference committee report 1 : filed in the House
2012-03-05		Senate advisor appointed: Waltz and Taylor
2012-03-05		Senate conferee appointed: Steele and Hume
2012-03-05		House advisors appointed: Foley, Turner and L. Lawson
2012-03-05		House conferees appointed: McMillin and Pierce
2012-03-01		House dissented from Senate amendments
2012-02-29		Returned to the House with amendments
2012-02-29		Third reading: passed; Roll Call 267: yeas 47 and nays 2
2012-02-28		Senator Randolph added as cosponsor
2012-02-28		Amendment 5 (Steele), prevailed; voice vote
2012-02-28		Amendment 2 (Steele), prevailed; voice vote
2012-02-28		Amendment 3 (Bray), prevailed; Roll Call 261: yeas 39, nays 11
2012-02-28		Second reading: amended, ordered engrossed
2012-02-16		Senators Hume and Taylor added as cosponsors
2012-02-16		Committee report: amend do pass, adopted
2012-02-01		First reading: referred to Committee on Corrections, Criminal, and Civil Matters
2012-01-30		Senate sponsor: Senator Steele
2012-01-30		Referred to the Senate
2012-01-30		Third reading: passed; Roll Call 127: yeas 85, nays 9
2012-01-27		Representatives DeLaney and Pierce added as coauthors
2012-01-26		Second reading: ordered engrossed
2012-01-23		Committee report: amend do pass, adopted
2012-01-23		Representative Turner added as coauthor
2012-01-09		First reading: referred to Committee on Courts and Criminal Code
2012-01-09		Authored by Representative McMillin

Type	Source
Summary	http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2012&session=1&request=getBill&doctype=HB&docno=1033
Text	http://www.in.gov/legislative/bills/2012/IN/IN1033.1.html
Text	http://www.in.gov/legislative/bills/2012/HB/HB1033.1.html
Text	http://www.in.gov/legislative/bills/2012/EH/EH1033.1.html
Text	http://www.in.gov/legislative/bills/2012/EH/EH1033.2.html
Text	http://www.in.gov/legislative/bills/2012/HE/HE1033.1.html
Roll Call	http://www.in.gov/legislative/bills/2012/PDF/Hrollcal/0127.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2012/PDF/Srollcal/0261.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2012/PDF/Srollcal/0267.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2012/PDF/Srollcal/0354.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2012/PDF/Hrollcal/0403.PDF.pdf