Indiana House Bill 1651 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: Passed on May 6 2019 - 100% progression
Action: 2019-05-06 - Public Law 289
Text: Latest bill text (Enrolled) [PDF]

Judicial evaluation of dangerous individuals and firearms. Provides that a judicial finding of dangerousness may be used to initiate temporary commitment proceedings. Provides that a dangerous person is not a proper person for the purpose of: (1) applying for; or (2) receiving; a license to carry a handgun. Provides that a dangerous person who knowingly or intentionally: (1) rents; (2) purchases; (3) receives transfer of; (4) owns; or (5) possesses; a firearm commits dangerous possession of a firearm, a Class A misdemeanor. Provides that a person who knowingly or intentionally: (1) rents; (2) transfers; (3) sells; or (4) offers for sale; a firearm to a person that a court has found to be dangerous or prohibited from owning or possessing a firearm commits dangerous transfer of a firearm, a Level 5 felony. Requires a law enforcement officer (officer) who seizes a firearm from a person believed to be dangerous without a warrant to provide an affidavit to a court with jurisdiction over the person at issue: (1) not later than 48 hours after the seizure or attempted seizure of the firearm; and (2) for each seizure or attempted seizure of a firearm from the person. Requires a court to order the retention of a seized firearm by a law enforcement agency if the court: (1) finds; or (2) has previously found; the person to be dangerous. Requires a court to determine if a person is dangerous by conducting a hearing. Provides that if a court finds that an individual is not dangerous or no longer dangerous, the court shall order the law enforcement agency having custody of the firearm confiscated, recovered, or seized from the individual to return the firearm to the individual as quickly as practicable, but not later than five days after the court's order. Provides that a dangerous person may petition a court for a court order vacating the person's designation as a dangerous individual 180 days after being found dangerous by a circuit or superior court. Defines "responsible third party". Requires a responsible third party to: (1) safely and responsibly care for and store a firearm that is entrusted to the third party; and (2) prevent dangerous persons from accessing any firearm entrusted to the third party. Makes conforming amendments.

Judicial evaluation of dangerous individuals and firearms. Provides that a judicial finding of dangerousness may be used to initiate temporary commitment proceedings. Provides that a dangerous person is not a proper person for the purpose of: (1) applying for; or (2) receiving; a license to carry a handgun. Provides that a dangerous person who knowingly or intentionally: (1) rents; (2) purchases; (3) receives transfer of; (4) owns; or (5) possesses; a firearm commits dangerous possession of a firearm, a Class A misdemeanor. Provides that a person who knowingly or intentionally: (1) rents; (2) transfers; (3) sells; or (4) offers for sale; a firearm to a person that a court has found to be dangerous or prohibited from owning or possessing a firearm commits dangerous transfer of a firearm, a Level 5 felony. Requires a law enforcement officer (officer) who seizes a firearm from a person believed to be dangerous without a warrant to provide an affidavit to a court with jurisdiction over the person at issue: (1) not later than 48 hours after the seizure or attempted seizure of the firearm; and (2) for each seizure or attempted seizure of a firearm from the person. Requires a court to order the retention of a seized firearm by a law enforcement agency if the court: (1) finds; or (2) has previously found; the person to be dangerous. Requires a court to determine if a person is dangerous by conducting a hearing. Provides that if a court finds that an individual is not dangerous or no longer dangerous, the court shall order the law enforcement agency having custody of the firearm confiscated, recovered, or seized from the individual to return the firearm to the individual as quickly as practicable, but not later than five days after the court's order. Provides that a dangerous person may petition a court for a court order vacating the person's designation as a dangerous individual 180 days after being found dangerous by a circuit or superior court. Defines "responsible third party". Requires a responsible third party to: (1) safely and responsibly care for and store a firearm that is entrusted to the third party; and (2) prevent dangerous persons from accessing any firearm entrusted to the third party. Makes conforming amendments.

Rep. Donna Schaibley [R]	Rep. Wendy McNamara [R]	Rep. Carey Hamilton [D]	Sen. Erin Houchin [R]
Sen. Mark Messmer [R]	Sen. Lonnie Randolph [D]

2019-04-24 - Senate - Senate - Rules Suspended. Conference Committee Report 1 (Y: 46 N: 2 NV: 1 Abs: 1) [PASS]
2019-04-24 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 93 N: 1 NV: 0 Abs: 6) [PASS]
2019-04-16 - Senate - Senate - Third reading (Y: 36 N: 10 NV: 3 Abs: 1) [PASS]
2019-04-15 - Senate - Senate - Amendment #10 (Ford J.D.) failed (Y: 12 N: 37 NV: 0 Abs: 1) [FAIL]
2019-04-15 - Senate - Senate - Amendment #9 (Stoops) failed (Y: 10 N: 39 NV: 0 Abs: 1) [FAIL]
2019-04-15 - Senate - Senate - Amendment #8 (Stoops) failed (Y: 10 N: 39 NV: 0 Abs: 1) [FAIL]
2019-04-09 - Senate - Senate - Committee Vote (Y: 8 N: 2 NV: 0 Abs: 0) [PASS]
2019-04-03 - Senate - Senate - Committee Vote (Y: 7 N: 3 NV: 0 Abs: 0) [PASS]
2019-02-12 - House - Third reading (Y: 90 N: 2 NV: 2 Abs: 6) [PASS]
2019-02-11 - House - Amendment #1 (Schaibley) prevailed (Y: 68 N: 25 NV: 2 Abs: 5) [PASS]
2019-02-06 - House - House - Committee Vote (Y: 12 N: 0 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2019-05-06	House	Public Law 289
2019-05-06	House	Signed by the Governor
2019-04-30	Senate	Signed by the President of the Senate
2019-04-24	Senate	Signed by the President Pro Tempore
2019-04-24	House	Signed by the Speaker
2019-04-24	Senate	Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 594: yeas 46, nays 2
2019-04-24	House	Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 618: yeas 93, nays 1
2019-04-23	Senate	CCR # 1 filed in the Senate
2019-04-23	Senate	Senator Messmer added as conferee
2019-04-23	Senate	Senator Taylor G removed as conferee
2019-04-23	House	CCR # 1 filed in the House
2019-04-22	Senate	Senator Bohacek added as advisor
2019-04-22	Senate	Senate advisors appointed: Zay, Stoops and Spartz
2019-04-22	Senate	Senate conferees appointed: Houchin and Taylor G
2019-04-18	House	House advisors appointed: Smaltz, McNamara, Dvorak and Pierce
2019-04-18	House	House conferees appointed: Schaibley and Hamilton
2019-04-18	House	House dissented from Senate amendments
2019-04-18	House	Motion to dissent filed
2019-04-16	Senate	Returned to the House with amendments
2019-04-16	Senate	Third reading: passed; Roll Call 507: yeas 36, nays 10
2019-04-15	Senate	Amendment #10 (Ford J.D.) failed; Roll Call 470: yeas 12, nays 37
2019-04-15	Senate	Amendment #6 (Stoops) failed; voice vote
2019-04-15	Senate	Amendment #7 (Stoops) failed; voice vote
2019-04-15	Senate	Amendment #9 (Stoops) failed; Roll Call 469: yeas 10, nays 39
2019-04-15	Senate	Amendment #8 (Stoops) failed; Roll Call 468: yeas 10, nays 39
2019-04-15	Senate	Amendment #2 (Spartz) prevailed; voice vote
2019-04-15	Senate	Amendment #4 (Spartz) prevailed; voice vote
2019-04-15	Senate	Amendment #5 (Bohacek) prevailed; voice vote
2019-04-15	Senate	Amendment #1 (Head) prevailed; voice vote
2019-04-15	Senate	Second reading: amended, ordered engrossed
2019-04-15	Senate	Senator Randolph added as cosponsor
2019-04-11	Senate	Committee report: amend do pass, adopted
2019-04-08	Senate	Senator Ruckelshaus removed as cosponsor
2019-04-04	Senate	Pursuant to Senate Rule 68(b); reassigned to Committee on Tax and Fiscal Policy
2019-04-04	Senate	Committee report: amend do pass, adopted
2019-03-26	Senate	Senator Ruckelshaus added as cosponsor
2019-03-19	Senate	Senator Messmer added as second sponsor
2019-03-07	Senate	First reading: referred to Committee on Judiciary
2019-02-13	House	Referred to the Senate
2019-02-12	House	Senate sponsor: Senator Houchin
2019-02-12	House	Third reading: passed; Roll Call 146: yeas 90, nays 2
2019-02-11	House	Amendment #1 (Schaibley) prevailed; Roll Call 138: yeas 68, nays 25
2019-02-11	House	Second reading: amended, ordered engrossed
2019-02-07	House	Committee report: amend do pass, adopted
2019-01-29	House	Representatives McNamara and Hamilton added as coauthors
2019-01-24	House	First reading: referred to Committee on Courts and Criminal Code
2019-01-24	House	Authored by Representative Schaibley

Type	Source
Summary	https://iga.in.gov/legislative/2019/bills/house/1651/details
Text	http://iga.in.gov/static-documents/5/3/0/4/5304e819/HB1651.01.INTR.pdf
Text	http://iga.in.gov/static-documents/6/d/7/2/6d72b750/HB1651.01.INTR.pdf
Text	http://iga.in.gov/static-documents/4/6/7/5/4675dff9/HB1651.02.COMH.pdf
Text	http://iga.in.gov/static-documents/b/9/b/5/b9b51f40/HB1651.02.COMH.pdf
Text	http://iga.in.gov/static-documents/c/a/8/5/ca85db85/HB1651.03.ENGH.pdf
Text	http://iga.in.gov/static-documents/d/3/e/f/d3ef42ea/HB1651.03.ENGH.pdf
Text	http://iga.in.gov/static-documents/7/0/9/d/709d04d0/HB1651.04.COMS.pdf
Text	http://iga.in.gov/static-documents/6/b/d/b/6bdbcf04/HB1651.04.COMS.pdf
Text	http://iga.in.gov/static-documents/f/c/3/4/fc344fea/HB1651.05.COMS.pdf
Text	http://iga.in.gov/static-documents/8/6/9/9/8699ece3/HB1651.05.COMS.pdf
Text	http://iga.in.gov/static-documents/2/6/7/d/267d2e41/HB1651.06.ENGS.pdf
Text	http://iga.in.gov/static-documents/5/2/8/b/528b7136/HB1651.06.ENGS.pdf
Text	http://iga.in.gov/static-documents/4/f/b/8/4fb88d56/HB1651.07.ENRS.pdf
Roll Call	http://iga.in.gov/static-documents/5/e/e/6/5ee6eed5/HB1651.01.INTR.00.pdf
Roll Call	http://iga.in.gov/static-documents/2/4/5/1/245176d7/HB1651.138.pdf
Roll Call	http://iga.in.gov/static-documents/e/7/2/3/e723aa38/HB1651.146.pdf
Roll Call	http://iga.in.gov/static-documents/f/5/5/f/f55f2708/HB1651.03.ENGH.01.pdf
Roll Call	http://iga.in.gov/static-documents/e/7/1/0/e710e266/HB1651.04.COMS.00.pdf
Roll Call	http://iga.in.gov/static-documents/e/0/6/3/e063e92e/HB1651.468.pdf
Roll Call	http://iga.in.gov/static-documents/c/e/8/5/ce857e32/HB1651.469.pdf
Roll Call	http://iga.in.gov/static-documents/7/e/7/a/7e7a1de5/HB1651.470.pdf
Roll Call	http://iga.in.gov/static-documents/7/f/a/f/7fafddfd/HB1651.507.pdf
Roll Call	http://iga.in.gov/static-documents/3/6/b/b/36bbb179/HB1651.618.pdf
Roll Call	http://iga.in.gov/static-documents/5/7/2/a/572ad876/HB1651.594.pdf