IN SB0551 | 2019 | Regular Session

Status

Completed Legislative Action
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: Passed on April 18 2019 - 100% progression
Action: 2019-04-18 - Public Law 40
Text: Latest bill text (Enrolled) [PDF]

Summary

Victims of criminal acts. Provides that a new registration period may be imposed if a sex or violent offender fails to register or improperly registers as a sex or violent offender. Prohibits records held by the department of child services to be disclosed to any person who requests the record if it related to an ongoing police investigation or criminal prosecution. Provides that a parent, a guardian, or another representative may file a petition for an order for protection on behalf of a child against a person who engages in sexual grooming activity. Amends the definition of "crime of domestic violence". Creates a procedure where a victim of a sex crime and child victim of a sex crime can have their identity protected from the public. Provides that if a child less than 16 years of age is summoned to testify as a witness to any hearing in any criminal matter, the child shall be allowed to have a comfort item or comfort animal while testifying. Expands the list of offenses that may be prosecuted before a victim reaches 31 years of age to include all offenses of child molesting, vicarious sexual gratification, child solicitation, child seduction, sexual misconduct with a minor, and incest. Provides that a person commits the offense of domestic battery, as a Level 6 felony, if the person has a prior unrelated conviction for strangulation. Provides that a person commits the offense of strangulation, as a Level 5 felony, if the person has a prior unrelated conviction for strangulation. Provides that a person commits the offense of kidnapping, as a Level 4 felony, if it results in moderate bodily injury to a person other than the removing person. Provides that a person commits the offense of criminal confinement, as a Level 4 felony, if it results in moderate bodily injury to a person other than the confining person. Amends certain age requirements and adds enhanced offenses to the offense of child seduction. Provides that a person at least 18 years of age who knowingly or intentionally: (1) performs or submits to sexual intercourse or other sexual conduct with a child less than 16 years of age; or (2) performs or submits to any fondling or touching with a child less than 16 years of age with the intent to arouse or to satisfy the sexual desires of either the child or the older person; commits sexual misconduct with a minor. Prohibits a person who has a Class D felony conviction or a Level 6 felony conviction for domestic battery within the previous 15 years from petitioning the court to reduce the felony conviction to a Class A misdemeanor. Urges the legislative council to assign to an interim study committee the issue of depositions of child victims of sex offenses. Makes conforming amendments.

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Title

Victims of criminal acts. Provides that a new registration period may be imposed if a sex or violent offender fails to register or improperly registers as a sex or violent offender. Prohibits records held by the department of child services to be disclosed to any person who requests the record if it related to an ongoing police investigation or criminal prosecution. Provides that a parent, a guardian, or another representative may file a petition for an order for protection on behalf of a child against a person who engages in sexual grooming activity. Amends the definition of "crime of domestic violence". Creates a procedure where a victim of a sex crime and child victim of a sex crime can have their identity protected from the public. Provides that if a child less than 16 years of age is summoned to testify as a witness to any hearing in any criminal matter, the child shall be allowed to have a comfort item or comfort animal while testifying. Expands the list of offenses that may be prosecuted before a victim reaches 31 years of age to include all offenses of child molesting, vicarious sexual gratification, child solicitation, child seduction, sexual misconduct with a minor, and incest. Provides that a person commits the offense of domestic battery, as a Level 6 felony, if the person has a prior unrelated conviction for strangulation. Provides that a person commits the offense of strangulation, as a Level 5 felony, if the person has a prior unrelated conviction for strangulation. Provides that a person commits the offense of kidnapping, as a Level 4 felony, if it results in moderate bodily injury to a person other than the removing person. Provides that a person commits the offense of criminal confinement, as a Level 4 felony, if it results in moderate bodily injury to a person other than the confining person. Amends certain age requirements and adds enhanced offenses to the offense of child seduction. Provides that a person at least 18 years of age who knowingly or intentionally: (1) performs or submits to sexual intercourse or other sexual conduct with a child less than 16 years of age; or (2) performs or submits to any fondling or touching with a child less than 16 years of age with the intent to arouse or to satisfy the sexual desires of either the child or the older person; commits sexual misconduct with a minor. Prohibits a person who has a Class D felony conviction or a Level 6 felony conviction for domestic battery within the previous 15 years from petitioning the court to reduce the felony conviction to a Class A misdemeanor. Urges the legislative council to assign to an interim study committee the issue of depositions of child victims of sex offenses. Makes conforming amendments.

Sponsors


Roll Calls

2019-03-26 - Senate - Senate - Senate concurred in House amendments (Y: 48 N: 0 NV: 0 Abs: 2) [PASS]
2019-03-19 - House - House - Third reading (Y: 92 N: 4 NV: 1 Abs: 3) [PASS]
2019-03-13 - House - House - Committee Vote (Y: 11 N: 1 NV: 0 Abs: 1) [PASS]
2019-02-12 - Senate - Third reading (Y: 48 N: 0 NV: 1 Abs: 1) [PASS]
2019-02-05 - Senate - Senate - Committee Vote (Y: 7 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2019-04-18SenatePublic Law 40
2019-04-18SenateSigned by the Governor
2019-04-17SenateSigned by the President of the Senate
2019-04-02HouseSigned by the Speaker
2019-03-28SenateSigned by the President Pro Tempore
2019-03-26SenateSenate concurred in House amendments; Roll Call 338: yeas 48, nays 0
2019-03-25SenateMotion to concur filed
2019-03-20HouseReturned to the Senate with amendments
2019-03-19HouseThird reading: passed; Roll Call 330: yeas 92, nays 4
2019-03-18HouseSecond reading: ordered engrossed
2019-03-14HouseCommittee report: amend do pass, adopted
2019-03-05HouseFirst reading: referred to Committee on Courts and Criminal Code
2019-02-14SenateReferred to the House
2019-02-12SenateSenator Tomes added as coauthor
2019-02-12SenateSenator Crider added as coauthor
2019-02-12SenateHouse sponsor: Representative McNamara
2019-02-12SenateThird reading: passed; Roll Call 114: yeas 48, nays 0
2019-02-11SenateSenator Tallian added as coauthor
2019-02-11SenateSecond reading: ordered engrossed
2019-02-07SenateCommittee report: amend do pass, adopted
2019-02-05SenateSenator Bohacek added as coauthor
2019-01-31SenateSenator Houchin added as third author
2019-01-28SenateSenator Young M added as second author
2019-01-14SenateFirst reading: referred to Committee on Corrections and Criminal Law
2019-01-14SenateAuthored by Senator Messmer

Indiana State Sources

TypeSource
Summaryhttps://iga.in.gov/legislative/2019/bills/senate/551/details
Texthttp://iga.in.gov/static-documents/7/6/f/5/76f56292/SB0551.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/5/5/4/b/554be4c6/SB0551.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/2/b/0/7/2b079037/SB0551.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/a/f/0/8/af089d9c/SB0551.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/0/6/8/1/06819460/SB0551.03.COMH.pdf
Texthttp://iga.in.gov/static-documents/7/3/2/f/732f4dc0/SB0551.03.COMH.pdf
Texthttp://iga.in.gov/static-documents/6/9/1/6/69167d15/SB0551.04.ENRH.pdf
Roll Callhttp://iga.in.gov/static-documents/0/d/6/8/0d68b65b/SB0551.01.INTR.00.pdf
Roll Callhttp://iga.in.gov/static-documents/f/0/6/8/f0686081/SB0551.114.pdf
Roll Callhttp://iga.in.gov/static-documents/f/c/1/2/fc123704/SB0551.02.COMS.00.pdf
Roll Callhttp://iga.in.gov/static-documents/7/a/2/f/7a2f8b65/SB0551.330.pdf
Roll Callhttp://iga.in.gov/static-documents/c/f/a/1/cfa1576b/SB0551.338.pdf

Bill Comments

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