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Proposed Indiana Firearm Legislation HB1159

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Legislation Overview

Title: Juvenile expungements and firearms matters.

Description: Juvenile expungements and firearms matters. 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 the following factors when evaluating a petition to expunge certain juvenile adjudications: (1) Whether a person has been charged with or convicted of murder or another felony offense as an adult. (2) Whether a person has ever been waived to adult court for an offense. (3) Whether a person has ever received a nonsuspendable sentence as a juvenile. (4) Whether the person 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. (5) Whether the person: (A) is currently suffering from a mental health issue; (B) has an ongoing or chronic mental health issue; (C) has received or is receiving treatment for a mental health issue; or (D) is complying with a treatment regimen recommended by a mental health professional, if applicable. Prohibits a court from expunging certain records in the absence of a petition requesting the expungement. Requires a court to transmit certain court orders to the office of judicial administration when granting a petition requesting the expungement of certain juvenile records. Provides that a person who: (1) has been adjudicated a delinquent child for the commission of an act while armed with a firearm that would be a serious violent felony if committed by an adult; (2) has not had the juvenile adjudication expunged; and (3) knowingly or intentionally possesses a firearm; commits unlawful possession of a firearm by a dangerous person, a Class A misdemeanor. Specifies that the offense is enhanced to a Level 4 felony if the person has a prior unrelated conviction for the offense. Provides that 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 is not a proper person for the purpose of receiving a license to carry a handgun. Beginning January 1, 2021: (1) requires the office of judicial administration to collect, monitor, and publish certain statistics related to the confiscation and retention of firearms taken from dangerous individuals; and (2) requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Allows the office of judicial administration to provide certain information to a law enforcement agency for the purposes of handgun licenses. Provides that a person who makes a false report that another person is dangerous, for purposes of seizure and retention of firearms proceedings, knowing the report or information to be false, commits false informing, a Class B misdemeanor. Defines certain terms. Makes conforming amendments.

Session: 2020 Regular Session

Last Action: Representative Ziemke added as coauthor

Last Action Date: January 27, 2020

Sponsors

Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.

3 sponsors: Donna Schaibley (R); Gerald Torr (R); Cindy Ziemke (R);

Percentage of House Of Representatives sponsoring bill: 3% (3 of 100)

History
Chamber Date Action
House Jan 27, 2020 Representative Ziemke added as coauthor
House Jan 23, 2020 Committee report: amend do pass, adopted
House Jan 8, 2020 Authored by Representative Schaibley
House Jan 8, 2020 Coauthored by Representative Torr
House Jan 8, 2020 First reading: referred to Committee on Courts and Criminal Code
Texts
Type Date State Link Text
Amended Jan 23, 2020 state link bill text
Introduced Jan 23, 2020 state link bill text
Introduced Jan 8, 2020 state link bill text
Amendments
Title Description Date State Link Text Adopted
There are no amendments to this bill at this time
Votes - Click on description to view vote roll call
Description Vote Date Yea Votes Nay Votes No Votes Absent Passed
01/22/2020 11 0 0 2 Yes
  • Bartels, Steve (R) Yea
  • Beck, Lisa (D) Absent
  • Dvorak, Ryan (D) Yea
  • Hatcher, Ragen (D) Absent
  • Kirchhofer, Cindy (R) Yea
  • McNamara, Wendy (R) Yea
  • Negele, Sharon (R) Yea
  • Pierce, Matt (D) Yea
  • Schaibley, Donna (R) Yea
  • Steuerwald, Gregory (R) Yea
  • Young, John (R) Yea
  • Ziemke, Cindy (R) Yea
resort votes by: party yeas nays name

Link: link to state bill page

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