Bill Text: IN SB0224 | 2010 | Regular Session | Enrolled

---

Bill Title: Electronic dissemination of indecent material and sex offender registration.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Passed) 2010-03-25 - Section 3 effective 07/01/2010 [SB0224 Detail]

Download: Indiana-2010-SB0224-Enrolled.html

---

---

Second Regular Session 116th General Assembly (2010)

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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

    SENATE ENROLLED ACT No. 224

---

     AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 2-5.5-2-5; (10)SE0224.1.1. -->

    SECTION 1. IC 2-5.5-2-5, AS ADDED BY P.L.16-2009, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. The committee shall do the following:
        (1) Evaluate the existing classification of criminal offenses into felony and misdemeanor categories. In determining the proper category for each felony and misdemeanor, the committee shall consider, to the extent they have relevance, the following:
            (A) The nature and degree of harm likely to be caused by the offense, including whether the offense involves property, irreplaceable property, a person, a number of persons, or a breach of the public trust.
            (B) The deterrent effect a particular classification may have on the commission of the offense.
            (C) The current incidence of the offense in Indiana.
            (D) The rights of the victim.
        (2) Recommend structures to be used by a sentencing court in determining the most appropriate sentence to be imposed in a criminal case, including any combination of imprisonment, probation, restitution, community service, or house arrest. The committee shall also consider the following:
            (A) The nature and characteristics of the offense.
            (B) The severity of the offense in relation to other offenses.

---

            (C) The characteristics of the defendant that mitigate or aggravate the seriousness of the criminal conduct and the punishment deserved for that conduct.
            (D) The number of the defendant's prior convictions.
            (E) The available resources and capacity of the department of correction, local confinement facilities, and community based sanctions.
            (F) The rights of the victim.
        The committee shall include with each set of sentencing structures an estimate of the effect of the sentencing structures on the department of correction and local facilities with respect to both fiscal impact and inmate population.
        (3) Review community corrections and home detention programs for the purpose of:
            (A) standardizing procedures and establishing rules for the supervision of home detainees; and
            (B) establishing procedures for the supervision of home detainees by community corrections programs of adjoining counties.
        (4) Determine the long range needs of the criminal justice and corrections systems and recommend policy priorities for those systems.
        (5) Identify critical problems in the criminal justice and corrections systems and recommend strategies to solve the problems.
        (6) Assess the cost effectiveness of the use of state and local funds in the criminal justice and corrections systems.
        (7) Recommend a comprehensive community corrections strategy based on the following:
            (A) A review of existing community corrections programs.
            (B) The identification of additional types of community corrections programs necessary to create an effective continuum of corrections sanctions.
            (C) The identification of categories of offenders who should be eligible for sentencing to community corrections programs and the impact that changes to the existing system of community corrections programs would have on sentencing practices.
            (D) The identification of necessary changes in state oversight and coordination of community corrections programs.
            (E) An evaluation of mechanisms for state funding and local community participation in the operation and implementation of community corrections programs.

---

            (F) An analysis of the rate of recidivism of clients under the supervision of existing community corrections programs.
        (8) Propose plans, programs, and legislation for improving the effectiveness of the criminal justice and corrections systems.
        (9) Evaluate the use of faith based organizations as an alternative to incarceration.
        (10) Study issues related to sex offenders, including:
            (A) lifetime parole;
            (B) GPS or other electronic monitoring;
            (C) a classification system for sex offenders;
            (D) recidivism; and
            (E) treatment.
         (11) Study and make recommendations regarding the sending of sexually suggestive or sexually explicit material over the Internet or by use of a cellular telephone or similar device, including whether school corporations should adopt policies regarding this topic.

SOURCE: IC 11-8-8-22; (10)SE0224.1.2. -->     SECTION 2. IC 11-8-8-22, AS ADDED BY P.L.216-2007, SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 22. (a) As used in this section, "offender" means a sex offender (as defined in section 4.5 of this chapter) and a sex or violent offender (as defined in section 5 of this chapter).
    (b) Subsection (g) this section applies to an offender required to register under this chapter if, due to a change in federal or state law after June 30, 2007, an individual who engaged in the same conduct as the offender:
        (1) would not be required to register under this chapter; or
        (2) would be required to register under this chapter but under less restrictive conditions than the offender is required to meet.
    (c) A person to whom this section applies may petition a court to:
        (1) remove the person's designation as an offender; or
        (2) require the person to register under less restrictive conditions.
     (d) A petition under this section shall be filed in the circuit or superior court of the county in which the offender resides. If the offender resides in more than one (1) county, the petition shall be filed in the circuit or superior court of the county in which the offender resides the greatest time. If the offender does not reside in Indiana, the petition shall be filed in the circuit or superior court of the county where the offender is employed the greatest time. If the offender does not reside or work in Indiana, but is a student in Indiana, the petition shall be filed in the circuit or superior court of the county where the offender is a student. If the offender is not

a student in Indiana and does not reside or work in Indiana, the petition shall be filed in the county where the offender was most recently convicted of a crime listed in section 5 of this chapter.
    (d) (e) After receiving a petition under this section, the court may:
        (1) summarily dismiss the petition; or
        (2) give notice to:
             (A) the department;
            (B) the attorney general;
            (C) the prosecuting attorney of:
                (i) the county where the petition was filed;
                (ii) the county where offender was most recently convicted of an offense listed in section 5 of this chapter; and
                (iii) the county where the offender resides; and
            (D) the sheriff of the county where the offender resides;
and set the matter for hearing. The date set for a hearing must not be less than sixty (60) days after the court gives notice under this subsection.
    (f) If a court sets a matter for a hearing under this section, the prosecuting attorney of the county in which the action is pending shall appear and respond, unless the prosecuting attorney requests the attorney general to appear and respond and the attorney general agrees to represent the interests of the state in the matter. If the attorney general agrees to appear, the attorney general shall give notice to:
        (A) the prosecuting attorney; and
        (B) the court.
    (e) (g) A court may grant a petition under this section if, following a hearing, the court makes the following findings:
        (1) The law requiring the petitioner to register as an offender has changed since the date on which the petitioner was initially required to register.
        (2) If the petitioner who was required to register as an offender before the change in law engaged in the same conduct after the change in law occurred, the petitioner would:
            (A) not be required to register as an offender; or
            (B) be required to register as an offender, but under less restrictive conditions.
        (3) If the petitioner seeks relief under this section because a change in law makes a previously unavailable defense available to the petitioner, that the petitioner has proved the defense.
The court has the discretion to deny a petition under this section, even

if the court makes the findings under this subsection.
    (f) (h) The petitioner has the burden of proof in a hearing under this section.
    (g) (i) If the court grants a petition under this section, the court shall notify:
        (1) the victim of the offense, if applicable;
        (2) the department of correction; and
        (3) the local law enforcement authority of the every county in which the petitioner resides is currently required to register.
     (j) An offender may base a petition filed under this section on a claim that the application or registration requirements constitute ex post facto punishment.
    (k) A petition filed under this section must:
        (1) be submitted under the penalties of perjury;
        (2) list each of the offender's criminal convictions and state for each conviction:
            (A) the date of the judgment of conviction;
            (B) the court that entered the judgment of conviction;
            (C) the crime that the offender pled guilty to or was convicted of; and
            (D) whether the offender was convicted of the crime in a trial or pled guilty to the criminal charges; and
        (3) list each jurisdiction in which the offender is required to register as a sex offender or a violent offender.
    (l) The attorney general may initiate an appeal from any order granting an offender relief under this section.

SOURCE: IC 20-30-6-16; (10)SE0224.1.3. -->     SECTION 3. IC 20-30-6-16 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 16. A school corporation may offer classes, instruction, or programs regarding the potential risks and consequences of creating and sharing sexually suggestive or sexually explicit materials through cellular telephones, social networking web sites, computer networks, and other digital media.

SOURCE: ; (10)SE0224.1.4. -->     SECTION 4. An emergency is declared for this act.

---

SEA 224 _ CC 1

---

Figure
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned

---

---