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HOUSE BILL No. 1310

Citations Affected: IC 35-38-2-2.2.

Synopsis: Certain sex offenders and school property. Provides that, as a condition of probation, a sex offender who is a sexually violent predator or an offender against children (sex offender) is prohibited from being on the property of a primary or secondary school. Provides that: (1) if the sex offender attends a primary or secondary school, the sex offender is prohibited from being on the property of a primary or secondary school other than the school that the sex offender attends; and (2) if the sex offender is a parent or guardian of a child who attends a primary or secondary school, the sex offender is required to notify the school (and, if the school is a public school, the school corporation) in writing that the sex offender is a sexually violent predator or an offender against children, and is prohibited from being on the property of the school that the child attends unless the sex offender is attending a meeting with a teacher or school administrator and is escorted by an employee of the school or school district while on school property.

Effective: July 1, 2010.

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Richardson, Clere

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    January 13, 2010, read first time and referred to Committee on Courts and Criminal Code.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

SOURCE: IC 35-38-2-2.2; (10)IN1310.1.1. -->     SECTION 1. IC 35-38-2-2.2, AS AMENDED BY P.L.119-2008, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2.2. (a) As a condition of probation for a sex offender (as defined in IC 11-8-8-4.5), the court shall:
        (1) require the sex offender to register with the local law enforcement authority under IC 11-8-8;
        (2) prohibit the sex offender from residing within one thousand (1,000) feet of school property (as defined in IC 35-41-1-24.7), as measured from the property line of the sex offender's residence to the property line of the school property, for the period of probation, unless the sex offender obtains written approval from the court;
        (3) require the sex offender to consent:
            (A) to the search of the sex offender's personal computer at any time; and
            (B) to the installation on the sex offender's personal computer or device with Internet capability, at the sex offender's

expense, of one (1) or more hardware or software systems to monitor Internet usage; and
        (4) prohibit the sex offender from:
            (A) accessing or using certain web sites, chat rooms, or instant messaging programs frequented by children; and
            (B) deleting, erasing, or tampering with information on the sex offender's personal computer with intent to conceal an activity prohibited by clause (A).
If the court allows the sex offender to reside within one thousand (1,000) feet of school property under subdivision (2), the court shall notify each school within one thousand (1,000) feet of the sex offender's residence of the order. However, a court may not allow a sex offender who is a sexually violent predator (as defined in IC 35-38-1-7.5) or an offender against children under IC 35-42-4-11 to reside within one thousand (1,000) feet of school property.
     (b) Except as provided in subsections (c) and (d), as a condition of probation for a sex offender who is a sexually violent predator (as defined in IC 35-38-1-7.5) or an offender against children under IC 35-42-4-11, the court shall prohibit the sex offender from being on the property of a primary or secondary school.
    (c) If a sex offender who is a sexually violent predator (as defined in IC 35-38-1-7.5) or an offender against children under IC 35-42-4-11 attends a primary or secondary school, the court, as a condition of probation, shall prohibit the sex offender from being on the property of a primary or secondary school other than the primary or secondary school that the sex offender attends.
    (d) As a condition of probation for a sex offender who is a sexually violent predator (as defined in IC 35-38-1-7.5) or an offender against children under IC 35-42-4-11 and is a parent or guardian of a child who attends a primary or secondary school, the court shall:
        (1) require the sex offender to provide written notification that the sex offender is a sexually violent predator or an offender against children to:
            (A) the school; and
            (B) the school corporation, if the school is a public school; and
        (2) prohibit the sex offender from being on the school property of the primary or secondary school that the sex offender's child attends unless the sex offender is:
            (A) attending a meeting with a teacher or school administrator; and

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            (B) escorted by an employee of the school or school district while on school property.