IN SB0335 | 2020 | Regular Session

Status

Completed Legislative Action
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: Passed on March 21 2020 - 100% progression
Action: 2020-03-21 - Public Law 142
Text: Latest bill text (Enrolled) [PDF]

Summary

Criminal law issues. Provides that, if certain criminal penalties are increased (or, in the case of an infraction, imposed) due to a prior conviction or infraction committed by a defendant, the new offense must have been committed not later than 12 years from the later of the date: (1) of the conviction or infraction judgment; or (2) the person was released from incarceration, probation, or parole. Excludes certain crimes and classes of crimes from the 12 year lookback period. Specifies the duties of an operator of a boat who is involved in an accident or collision resulting in injury. Adds strangulation and domestic battery to the definition of "crimes of violence". Specifies that references to a conviction for Indiana offenses include: (1) an attempt to commit the offense; (2) a conspiracy to commit the offense; and (3) a substantially similar offense committed in another jurisdiction. Provides that credit earned by a person on pretrial home detention does not include accrued time. Makes it a crime to possess a firearm with an obliterated serial number (under current law, it is only a crime to possess a handgun with an obliterated serial number). Provides that a person who: (1) agrees with two or more persons to commit theft; and (2) performs an overt act in furtherance of the agreement; commits organized theft, a Level 6 felony. Prohibits a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult (serious delinquent) from possessing a firearm unless the person is at least: (1) 26 years of age, in the case of less serious acts; or (2) 28 years of age, in the case of more serious acts. Makes possession of a firearm by a serious delinquent a Level 6 felony, and increases the penalty to a Level 5 felony for a second or subsequent offense. Requires a juvenile court to transmit certain findings to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) upon a finding of delinquency for an act that would be a serious violent felony if committed by an adult. Allows a court to consider certain factors when evaluating a petition to expunge certain juvenile adjudications. Beginning July 1, 2021: (1) requires the office of judicial administration to collect and publish certain statistics related to the confiscation and retention of firearms; and (2) requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Provides that a person who knowingly makes a false report that another person is dangerous commits false informing, a Class B misdemeanor. Specifies that a person commits the offense of operating a vehicle with a controlled substance if the controlled substance is in the person's blood (rather than the person's body). Increases the penalty for operating a vehicle with a controlled substance in the person's blood if the person is transporting a child in the vehicle. Provides a defense to a "smokable hemp" offense if the hemp is carried in continuous transit from a licensed producer in another state through Indiana to a licensed handler in another state. Makes conforming amendments, reconciles conflicts, and makes technical corrections.

Tracking Information

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Title

Criminal law issues.

Sponsors


Roll Calls

2020-03-11 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 89 N: 2 NV: 0 Abs: 9) [PASS]
2020-03-11 - Senate - Senate - Rules Suspended. Conference Committee Report 1 (Y: 48 N: 1 NV: 0 Abs: 1) [PASS]
2020-03-03 - House - House - Third reading (Y: 84 N: 11 NV: 0 Abs: 5) [PASS]
2020-02-26 - House - House - Committee Vote (Y: 9 N: 0 NV: 0 Abs: 4) [PASS]
2020-02-04 - Senate - Senate - Third reading (Y: 40 N: 9 NV: 0 Abs: 1) [PASS]
2020-01-28 - Senate - Senate - Committee Vote (Y: 4 N: 2 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2020-03-21SenatePublic Law 142
2020-03-21SenateSigned by the Governor
2020-03-18SenateSigned by the President of the Senate
2020-03-16HouseSigned by the Speaker
2020-03-12SenateSigned by the President Pro Tempore
2020-03-11HouseRules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 394: yeas 89, nays 2
2020-03-11SenateRules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 392: yeas 48, nays 1
2020-03-11HouseCCR # 1 filed in the House
2020-03-11SenateCCR # 1 filed in the Senate
2020-03-11SenateSenator Freeman added as conferee
2020-03-11SenateSenator Tallian removed as conferee
2020-03-05SenateSenate advisors appointed: Brown L, Randolph Lonnie M and Koch
2020-03-05SenateSenate conferees appointed: Young M and Tallian
2020-03-04HouseHouse advisors appointed: Sherman, Clere, Young J, Steuerwald and Errington
2020-03-04HouseHouse conferees appointed: McNamara and Pierce
2020-03-04SenateSenate dissented from House amendments
2020-03-04SenateMotion to dissent filed
2020-03-04HouseReturned to the Senate with amendments
2020-03-03HouseThird reading: passed; Roll Call 291: yeas 84, nays 11
2020-03-02HouseRepresentative Clere added as cosponsor
2020-03-02HouseRepresentative Schaibley added as cosponsor
2020-03-02HouseAmendment #3 (Errington) ruled out of order
2020-03-02HouseAmendment #2 (Young J) prevailed; voice vote
2020-03-02HouseAmendment #1 (McNamara) prevailed; voice vote
2020-03-02HouseSecond reading: amended, ordered engrossed
2020-02-27HouseCommittee report: amend do pass, adopted
2020-02-24HouseRepresentative Steuerwald added as cosponsor
2020-02-24HouseRepresentative McNamara added as sponsor
2020-02-24HouseRepresentative Steuerwald removed as sponsor
2020-02-11HouseFirst reading: referred to Committee on Courts and Criminal Code
2020-02-05SenateReferred to the House
2020-02-04SenateHouse sponsor: Representative Steuerwald
2020-02-04SenateThird reading: passed; Roll Call 166: yeas 40, nays 9
2020-02-03SenateSenator Tallian added as coauthor
2020-02-03SenateSenator Koch added as third author
2020-02-03SenateAmendment #5 (Freeman) prevailed; voice vote
2020-02-03SenateAmendment #1 (Tallian) failed; voice vote
2020-02-03SenateAmendment #3 (Messmer) prevailed; voice vote
2020-02-03SenateAmendment #4 (Young M) prevailed; voice vote
2020-02-03SenateSecond reading: amended, ordered engrossed
2020-01-30SenateCommittee report: amend do pass, adopted
2020-01-14SenateSenator Brown L added as second author
2020-01-13SenateFirst reading: referred to Committee on Corrections and Criminal Law
2020-01-13SenateAuthored by Senator Young M

Indiana State Sources

TypeSource
Summaryhttp://iga.in.gov/legislative/2020/bills/senate/335/
Texthttp://iga.in.gov/static-documents/1/e/3/f/1e3f8c99/SB0335.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/5/4/7/e/547ef8be/SB0335.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/0/3/8/d/038d8b3d/SB0335.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/4/3/3/4/4334ff76/SB0335.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/a/b/b/2/abb28811/SB0335.03.ENGS.pdf
Texthttp://iga.in.gov/static-documents/c/e/1/8/ce181926/SB0335.03.ENGS.pdf
Texthttp://iga.in.gov/static-documents/4/2/3/b/423b3f7d/SB0335.04.COMH.pdf
Texthttp://iga.in.gov/static-documents/9/b/7/d/9b7d2c86/SB0335.04.COMH.pdf
Texthttp://iga.in.gov/static-documents/b/8/9/1/b891ab10/SB0335.05.ENGH.pdf
Texthttp://iga.in.gov/static-documents/2/c/f/b/2cfb92ba/SB0335.05.ENGH.pdf
Texthttp://iga.in.gov/static-documents/7/e/f/a/7efa9bc2/SB0335.06.ENRH.pdf
Roll Callhttp://iga.in.gov/static-documents/3/8/8/a/388a740c/SB0335.01.INTR.00.pdf
Roll Callhttp://iga.in.gov/static-documents/9/3/9/c/939cd924/SB0335.166_S.pdf
Roll Callhttp://iga.in.gov/static-documents/f/b/1/9/fb1990bf/SB0335.03.ENGS.00.pdf
Roll Callhttp://iga.in.gov/static-documents/9/e/f/0/9ef061d8/SB0335.291_H.pdf
Roll Callhttp://iga.in.gov/static-documents/4/c/b/b/4cbbc280/SB0335.392_S.pdf
Roll Callhttp://iga.in.gov/static-documents/4/7/c/1/47c10116/SB0335.394_H.pdf

Bill Comments

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