Introduced Version
SENATE BILL No. 374
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-13-2-14.7; IC 10-13-3-27; IC 11-8-8;
IC 12-24-3-2; IC 16-21-8-1; IC 16-25-6; IC 16-27-2; IC 20-28-5-8;
IC 22-5-5-1; IC 29-3-7-7; IC 31-19-9-10; IC 31-30-1; IC 31-34-1-3;
IC 31-35-3-4; IC 31-37-19-9; IC 33-37-5; IC 33-39-1-9;
IC 35-31.5-2-216; IC 35-38; IC 35-42-4; IC 35-47-4-5; IC 35-50.
Synopsis: Rape and criminal deviate conduct. Merges the offense of
criminal deviate conduct into the crime of rape, and repeals the statute
defining the crime of criminal deviate conduct. Makes conforming
amendments.
Effective: July 1, 2013.
Landske, Steele
January 8, 2013, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 118th General Assembly (2013)
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 2012 Regular Session of the General Assembly.
SENATE BILL No. 374
A BILL FOR 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 4-13-2-14.7; (13)IN0374.1.1. -->
SECTION 1. IC 4-13-2-14.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14.7. A person
employed, appointed, or under contract with a state agency, who works
with or around children, shall be dismissed (after the appropriate
pre-deprivation procedure has occurred) if that person is, or has ever
been, convicted of any of the following:
(1) Rape (IC 35-42-4-1), if the victim is less than eighteen (18)
years of age.
(2) Criminal deviate conduct (IC 35-42-4-2)
(for an act
committed before its repeal), if the victim is less than eighteen
(18) years of age.
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A or
Class B
felony (IC 35-42-4-9).
(9) Incest (IC 35-46-1-3), if the victim is less than eighteen (18)
years of age.
SOURCE: IC 10-13-3-27; (13)IN0374.1.2. -->
SECTION 2. IC 10-13-3-27, AS AMENDED BY P.L.48-2012,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 27. (a) Except as provided in subsection (b), on
request, a law enforcement agency shall release a limited criminal
history to or allow inspection of a limited criminal history by
noncriminal justice organizations or individuals only if the subject of
the request:
(1) has applied for employment with a noncriminal justice
organization or individual;
(2) has:
(A) applied for a license or is maintaining a license; and
(B) provided criminal history data as required by law to be
provided in connection with the license;
(3) is a candidate for public office or a public official;
(4) is in the process of being apprehended by a law enforcement
agency;
(5) is placed under arrest for the alleged commission of a crime;
(6) has charged that the subject's rights have been abused
repeatedly by criminal justice agencies;
(7) is the subject of a judicial decision or determination with
respect to the setting of bond, plea bargaining, sentencing, or
probation;
(8) has volunteered services that involve contact with, care of, or
supervision over a child who is being placed, matched, or
monitored by a social services agency or a nonprofit corporation;
(9) is currently residing in a location designated by the
department of child services (established by IC 31-25-1-1) or by
a juvenile court as the out-of-home placement for a child at the
time the child will reside in the location;
(10) has volunteered services at a public school (as defined in
IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12)
that involve contact with, care of, or supervision over a student
enrolled in the school;
(11) is being investigated for welfare fraud by an investigator of
the division of family resources or a county office of the division
of family resources;
(12) is being sought by the parent locator service of the child
support bureau of the department of child services;
(13) is or was required to register as a sex or violent offender
under IC 11-8-8;
(14) has been convicted of any of the following:
(A) Rape (IC 35-42-4-1), if the victim is less than eighteen
(18) years of age.
(B) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the
victim is less than eighteen (18) years of age.
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Possession of child pornography (IC 35-42-4-4(c)).
(F) Vicarious sexual gratification (IC 35-42-4-5).
(G) Child solicitation (IC 35-42-4-6).
(H) Child seduction (IC 35-42-4-7).
(I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
(J) Incest (IC 35-46-1-3), if the victim is less than eighteen
(18) years of age.
(K) Attempt under IC 35-41-5-1 to commit an offense listed in
clauses (A) through (J).
(L) Conspiracy under IC 35-41-5-2 to commit an offense listed
in clauses (A) through (J).
(M) An offense in any other jurisdiction in which the elements
of the offense for which the conviction was entered are
substantially similar to the elements of an offense described
under clauses (A) through (J);
(15) is identified as a possible perpetrator of child abuse or
neglect in an assessment conducted by the department of child
services under IC 31-33-8; or
(16) is:
(A) a parent, guardian, or custodian of a child; or
(B) an individual who is at least eighteen (18) years of age and
resides in the home of the parent, guardian, or custodian;
with whom the department of child services or a county probation
department has a case plan, dispositional decree, or permanency
plan approved under IC 31-34 or IC 31-37 that provides for
reunification following an out-of-home placement.
However, limited criminal history information obtained from the
National Crime Information Center may not be released under this
section except to the extent permitted by the Attorney General of the
United States.
(b) A law enforcement agency shall allow inspection of a limited
criminal history by and release a limited criminal history to the
following noncriminal justice organizations:
(1) Federally chartered or insured banking institutions.
(2) Officials of state and local government for any of the
following purposes:
(A) Employment with a state or local governmental entity.
(B) Licensing.
(3) Segments of the securities industry identified under 15 U.S.C.
78q(f)(2).
(c) Any person who knowingly or intentionally uses limited criminal
history for any purpose not specified under this section commits a
Class A misdemeanor.
SOURCE: IC 11-8-8-4.5; (13)IN0374.1.3. -->
SECTION 3. IC 11-8-8-4.5, AS AMENDED BY P.L.72-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4.5. (a) Except as provided in section 22 of this
chapter, as used in this chapter, "sex offender" means a person
convicted of any of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (including performing sexual
conduct in the presence of a minor) (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A, Class B, or
Class C felony (IC 35-42-4-9), unless:
(A) the person is convicted of sexual misconduct with a minor
as a Class C felony;
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was
committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was
committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be
required to register as a sex offender.
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
(18) years of age, and the person who kidnapped the victim is not
the victim's parent or guardian.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age, and the person who confined or
removed the victim is not the victim's parent or guardian.
(13) Possession of child pornography (IC 35-42-4-4(c)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
(15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the
victim is less than eighteen (18) years of age.
(16) Sexual trafficking of a minor (IC 35-42-3.5-1(c)).
(17) Human trafficking (IC 35-42-3.5-1(d)(3)) if the victim is less
than eighteen (18) years of age.
(18) Sexual misconduct by a service provider with a detained
child (IC 35-44-1-5(c)).
(19) An attempt or conspiracy to commit a crime listed in
subdivisions (1) through (18).
(20) A crime under the laws of another jurisdiction, including a
military court, that is substantially equivalent to any of the
offenses listed in subdivisions (1) through (19).
(b) The term includes:
(1) a person who is required to register as a sex offender in any
jurisdiction; and
(2) a child who has committed a delinquent act and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility
by the department of correction, is discharged from a secure
private facility (as defined in IC 31-9-2-115), or is discharged
from a juvenile detention facility as a result of an adjudication
as a delinquent child for an act that would be an offense
described in subsection (a) if committed by an adult; and
(C) is found by a court by clear and convincing evidence to be
likely to repeat an act that would be an offense described in
subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(2)(C), the court
shall consider expert testimony concerning whether a child is likely to
repeat an act that would be an offense described in subsection (a) if
committed by an adult.
SOURCE: IC 11-8-8-5; (13)IN0374.1.4. -->
SECTION 4. IC 11-8-8-5, AS AMENDED BY P.L.1-2012,
SECTION 3, AND AS AMENDED BY P.L.72-2012, SECTION 2, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5. (a) Except as provided in section
22 of this chapter, as used in this chapter, "sex or violent offender"
means a person convicted of any of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2)
(repealed).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (including performing sexual
conduct in the presence of a minor) (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A, Class B, or
Class C felony (IC 35-42-4-9), unless:
(A) the person is convicted of sexual misconduct with a minor
as a Class C felony;
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was
committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was
committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be
required to register as a sex offender.
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
(18) years of age, and the person who kidnapped the victim is not
the victim's parent or guardian.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age, and the person who confined or
removed the victim is not the victim's parent or guardian.
(13) Possession of child pornography (IC 35-42-4-4(c)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
(15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the
victim is less than eighteen (18) years of age.
(16) Sexual trafficking of a minor (IC 35-42-3.5-1(b)).
(IC 35-42-3.5-1(c)).
(17) Human trafficking (IC 35-42-3.5-1(c)(3))
(IC 35-42-3.5-1(d)(3)) if the victim is less than eighteen (18)
years of age.
(18) Murder (IC 35-42-1-1).
(19) Voluntary manslaughter (IC 35-42-1-3).
(20) Sexual misconduct by a service provider with a detained
child (IC 35-44-1-5(c)). (IC 35-44.1-3-10(c)).
(20) (21) An attempt or conspiracy to commit a crime listed in
subdivisions (1) through (19). (20).
(21) (22) A crime under the laws of another jurisdiction, including
a military court, that is substantially equivalent to any of the
offenses listed in subdivisions (1) through (20). (21).
(b) The term includes:
(1) a person who is required to register as a sex or violent
offender in any jurisdiction; and
(2) a child who has committed a delinquent act and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility
by the department of correction, is discharged from a secure
private facility (as defined in IC 31-9-2-115), or is discharged
from a juvenile detention facility as a result of an adjudication
as a delinquent child for an act that would be an offense
described in subsection (a) if committed by an adult; and
(C) is found by a court by clear and convincing evidence to be
likely to repeat an act that would be an offense described in
subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(2)(C), the court
shall consider expert testimony concerning whether a child is likely to
repeat an act that would be an offense described in subsection (a) if
committed by an adult.
SOURCE: IC 12-24-3-2; (13)IN0374.1.5. -->
SECTION 5. IC 12-24-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. To provide greater
security for patients, visitors, and employees, the division may not
employ in a state institution an individual who has been convicted of
any of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4).
(5) Sexual misconduct with a minor as a Class A or Class B
felony (IC 35-42-4-9).
SOURCE: IC 16-21-8-1; (13)IN0374.1.6. -->
SECTION 6. IC 16-21-8-1, AS AMENDED BY P.L.41-2007,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) A hospital licensed under IC 16-21-2 that
provides general medical and surgical hospital services shall provide
forensic medical exams and additional forensic services to all alleged
sex crime victims who apply for forensic medical exams and additional
forensic services in relation to injuries or trauma resulting from the
alleged sex crime. The provision of services may not be dependent on
a victim's reporting to, or cooperating with, law enforcement.
(b) For the purposes of this chapter, the following crimes are
considered sex crimes:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(3) Child molesting (IC 35-42-4-3).
(4) Vicarious sexual gratification (IC 35-42-4-5).
(5) Sexual battery (IC 35-42-4-8).
(6) Sexual misconduct with a minor (IC 35-42-4-9).
(7) Child solicitation (IC 35-42-4-6).
(8) Child seduction (IC 35-42-4-7).
(9) Incest (IC 35-46-1-3).
(c) Payment for services under this section shall be processed in
accordance with rules adopted by the victim services division of the
Indiana criminal justice institute.
SOURCE: IC 16-25-6-1; (13)IN0374.1.7. -->
SECTION 7. IC 16-25-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) A person may not
own or operate a hospice program if the person has:
(1) been convicted of rape (IC 35-42-4-1);
(2) been convicted of criminal deviate conduct (IC 35-42-4-2)
(repealed);
(3) been convicted of exploitation of a dependent or an
endangered adult (IC 35-46-1-12);
(4) had a judgment entered against the person for failure to report
battery, neglect, or exploitation of an endangered adult
(IC 35-46-1-13); or
(5) been convicted of theft (IC 35-43-4), if the person's conviction
for theft occurred less than ten (10) years before the date of
submission by the person of an application for licensure or
approval as a hospice program under IC 16-25-3.
(b) A person who knowingly or intentionally violates this section
commits a Class A misdemeanor.
SOURCE: IC 16-25-6-3; (13)IN0374.1.8. -->
SECTION 8. IC 16-25-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) Except as
provided in subsection (b), a person who owns or operates a hospice
program may not employ an individual or allow a volunteer to provide
hospice services if that individual's or volunteer's limited criminal
history indicates that the individual or volunteer has:
(1) been convicted of rape (IC 35-42-4-1);
(2) been convicted of criminal deviate conduct (IC 35-42-4-2)
(repealed);
(3) been convicted of exploitation of an endangered adult
(IC 35-46-1-12);
(4) had a judgment entered against the individual for failure to
report battery, neglect, or exploitation of an endangered adult
(IC 35-46-1-13); or
(5) been convicted of theft (IC 35-43-4), if the conviction for theft
occurred less than ten (10) years before the individual's
employment application date.
(b) A hospice program may not employ an individual or allow a
volunteer to provide hospice services for more than twenty-one (21)
calendar days without receipt of that individual's or volunteer's limited
criminal history required by section 2 of this chapter, unless the Indiana
central repository for criminal history information under IC 10-13-3 is
solely responsible for failing to provide the individual's or volunteer's
limited criminal history to the hospice program within the time
required under this subsection.
SOURCE: IC 16-27-2-3; (13)IN0374.1.9. -->
SECTION 9. IC 16-27-2-3, AS AMENDED BY P.L.212-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. (a) A person may not operate a home health
agency or a personal services agency if the person has been convicted
of any of the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the person's conviction for theft
occurred less than ten (10) years before the date of submission by
the person of an application for licensure as a home health agency
under IC 16-27-1 or as a personal services agency under
IC 16-27-4.
(b) A person who knowingly or intentionally violates this section
commits a Class A misdemeanor.
SOURCE: IC 16-27-2-5; (13)IN0374.1.10. -->
SECTION 10. IC 16-27-2-5, AS AMENDED BY P.L.84-2010,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. (a) Except as provided in subsection (b), a
person who operates a home health agency under IC 16-27-1 or a
personal services agency under IC 16-27-4 may not employ a person to
provide services in a patient's or client's temporary or permanent
residence if that person's limited criminal history, national criminal
history background check, or expanded criminal history check indicates
that the person has been convicted of any of the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the conviction for theft occurred less
than ten (10) years before the person's employment application
date.
(6) A felony that is substantially equivalent to a felony listed in:
(A) subdivisions (1) through (4); or
(B) subdivision (5), if the conviction for theft occurred less
than ten (10) years before the person's employment application
date;
for which the conviction was entered in another state.
(b) A home health agency or personal services agency may not
employ a person to provide services in a patient's or client's temporary
or permanent residence for more than twenty-one (21) calendar days
without receipt of that person's limited criminal history, national
criminal history background check, or expanded criminal history check,
required by section 4 of this chapter, unless the state police department,
the Federal Bureau of Investigation under IC 10-13-3-39, or the private
agency providing the expanded criminal history check is responsible
for failing to provide the person's limited criminal history, national
criminal history background check, or expanded criminal history check
to the home health agency or personal services agency within the time
required under this subsection.
SOURCE: IC 20-28-5-8; (13)IN0374.1.11. -->
SECTION 11. IC 20-28-5-8, AS AMENDED BY P.L.78-2012,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8. (a) This section applies when a prosecuting
attorney knows that a licensed employee of a public school or a
nonpublic school has been convicted of an offense listed in subsection
(c). The prosecuting attorney shall immediately give written notice of
the conviction to the following:
(1) The state superintendent.
(2) Except as provided in subdivision (3), the superintendent of
the school corporation that employs the licensed employee or the
equivalent authority if a nonpublic school employs the licensed
employee.
(3) The presiding officer of the governing body of the school
corporation that employs the licensed employee, if the convicted
licensed employee is the superintendent of the school corporation.
(b) The superintendent of a school corporation, presiding officer of
the governing body, or equivalent authority for a nonpublic school shall
immediately notify the state superintendent when the individual knows
that a current or former licensed employee of the public school or
nonpublic school has been convicted of an offense listed in subsection
(c), or when the governing body or equivalent authority for a nonpublic
school takes any final action in relation to an employee who engaged
in any offense listed in subsection (c).
(c) The department, after holding a hearing on the matter, shall
permanently revoke the license of a person who is known by the
department to have been convicted of any of the following felonies:
(1) Kidnapping (IC 35-42-3-2).
(2) Criminal confinement (IC 35-42-3-3).
(3) Rape (IC 35-42-4-1).
(4) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(5) Child molesting (IC 35-42-4-3).
(6) Child exploitation (IC 35-42-4-4(b)).
(7) Vicarious sexual gratification (IC 35-42-4-5).
(8) Child solicitation (IC 35-42-4-6).
(9) Child seduction (IC 35-42-4-7).
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3).
(12) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(13) Dealing in methamphetamine (IC 35-48-4-1.1).
(14) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(15) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(16) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(17) Dealing in a counterfeit substance (IC 35-48-4-5).
(18) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic
drug (IC 35-48-4-10(b)).
(19) Possession of child pornography (IC 35-42-4-4(c)).
(20) Homicide (IC 35-42-1).
(21) Voluntary manslaughter (IC 35-42-1-3).
(22) Reckless homicide (IC 35-42-1-5).
(23) Battery as any of the following:
(A) A Class A felony (IC 35-42-2-1(a)(5)).
(B) A Class B felony (IC 35-42-2-1(a)(4)).
(C) A Class C felony (IC 35-42-2-1(a)(3)).
(24) Aggravated battery (IC 35-42-2-1.5).
(25) Robbery (IC 35-42-5-1).
(26) Carjacking (IC 35-42-5-2).
(27) Arson as a Class A felony or a Class B felony
(IC 35-43-1-1(a)).
(28) Burglary as a Class A felony or a Class B felony
(IC 35-43-2-1).
(29) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (28).
(30) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (28).
(d) The department, after holding a hearing on the matter, shall
permanently revoke the license of a person who is known by the
department to have been convicted of a federal offense or an offense in
another state that is comparable to a felony listed in subsection (c).
(e) A license may be suspended by the state superintendent as
specified in IC 20-28-7.5.
(f) The department shall develop a data base of information on
school corporation employees who have been reported to the
department under this section.
SOURCE: IC 22-5-5-1; (13)IN0374.1.12. -->
SECTION 12. IC 22-5-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The employment
contract of a person who:
(1) works with children; and
(2) is convicted of:
(A) rape (IC 35-42-4-1), if the victim is less than eighteen (18)
years of age;
(B) criminal deviate conduct (IC 35-42-4-2) (repealed), if the
victim is less than eighteen (18) years of age;
(C) child molesting (IC 35-42-4-3);
(D) child exploitation (IC 35-42-4-4(b));
(E) vicarious sexual gratification (IC 35-42-4-5);
(F) child solicitation (IC 35-42-4-6);
(G) child seduction (IC 35-42-4-7); or
(H) incest (IC 35-46-1-3), if the victim is less than eighteen
(18) years of age;
may be canceled by the person's employer.
SOURCE: IC 29-3-7-7; (13)IN0374.1.13. -->
SECTION 13. IC 29-3-7-7, AS ADDED BY P.L.131-2009,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. A court may not appoint a person to serve as
the guardian or permit a person to continue to serve as a guardian if the
person:
(1) is a sexually violent predator (as described in IC 35-38-1-7.5);
(2) was at least eighteen (18) years of age at the time of the
offense and was convicted of child molesting (IC 35-42-4-3) or
sexual misconduct with a minor (IC 35-42-4-9) against a child
less than sixteen (16) years of age:
(A) by using or threatening the use of deadly force;
(B) while armed with a deadly weapon; or
(C) that resulted in serious bodily injury; or
(3) was less than eighteen (18) years of age at the time of the
offense and was convicted as an adult of:
(A) an offense described in:
(i) IC 35-42-4-1;
(ii) IC 35-42-4-2 (before its repeal);
(iii) IC 35-42-4-3 as a Class A or Class B felony;
(iv) IC 35-42-4-5(a)(1);
(v) IC 35-42-4-5(a)(2);
(vi) IC 35-42-4-5(a)(3);
(vii) IC 35-42-4-5(b)(1) as a Class A or Class B felony;
(viii) IC 35-42-4-5(b)(2); or
(ix) IC 35-42-4-5(b)(3) as a Class A or Class B felony;
(B) an attempt or conspiracy to commit a crime listed in clause
(A); or
(C) a crime under the laws of another jurisdiction, including a
military court, that is substantially equivalent to any of the
offenses listed in clauses (A) and (B).
SOURCE: IC 31-19-9-10; (13)IN0374.1.14. -->
SECTION 14. IC 31-19-9-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. A court shall
determine that consent to adoption is not required from a parent if:
(1) the parent is convicted of and incarcerated at the time of the
filing of a petition for adoption for:
(A) murder (IC 35-42-1-1);
(B) causing suicide (IC 35-42-1-2);
(C) voluntary manslaughter (IC 35-42-1-3);
(D) rape (IC 35-42-4-1);
(E) criminal deviate conduct (IC 35-42-4-2) (repealed);
(F) child molesting as a Class A or Class B felony
(IC 35-42-4-3);
(G) incest as a Class B felony (IC 35-46-1-3);
(H) neglect of a dependent as a Class B felony (IC 35-46-1-4);
(I) battery of a child as a Class C felony (IC 35-42-2-1(a)(3));
(J) battery as a Class A felony (IC 35-42-2-1(a)(5)) or Class B
felony (IC 35-42-2-1(a)(4)); or
(K) an attempt under IC 35-41-5-1 to commit an offense
described in clauses (A) through (J);
(2) the child or the child's sibling, half-blood sibling, or
step-sibling of the parent's current marriage is the victim of the
offense; and
(3) after notice to the parent and a hearing, the court determines
that dispensing with the parent's consent to adoption is in the
child's best interests.
SOURCE: IC 31-30-1-2.5; (13)IN0374.1.15. -->
SECTION 15. IC 31-30-1-2.5, AS AMENDED BY P.L.131-2009,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2.5. A juvenile court may not appoint a person to
serve as the guardian or custodian of a child or permit a person to
continue to serve as a guardian or custodian of a child if the person:
(1) is a sexually violent predator (as described in IC 35-38-1-7.5);
(2) was at least eighteen (18) years of age at the time of the
offense and committed child molesting (IC 35-42-4-3) or sexual
misconduct with a minor (IC 35-42-4-9) against a child less than
sixteen (16) years of age:
(A) by using or threatening the use of deadly force;
(B) while armed with a deadly weapon; or
(C) that resulted in serious bodily injury; or
(3) was less than eighteen (18) years of age at the time of the
offense but was tried and convicted as an adult of:
(A) an offense described in:
(i) IC 35-42-4-1;
(ii) IC 35-42-4-2 (before its repeal);
(iii) IC 35-42-4-3 as a Class A or Class B felony;
(iv) IC 35-42-4-5(a)(1);
(v) IC 35-42-4-5(a)(2);
(vi) IC 35-42-4-5(a)(3);
(vii) IC 35-42-4-5(b)(1) as a Class A or Class B felony;
(viii) IC 35-42-4-5(b)(2); or
(ix) IC 35-42-4-5(b)(3) as a Class A or Class B felony;
(B) an attempt or conspiracy to commit a crime listed in clause
(A); or
(C) a crime under the laws of another jurisdiction, including a
military court, that is substantially equivalent to any of the
offenses listed in clauses (A) and (B).
SOURCE: IC 31-30-1-4; (13)IN0374.1.16. -->
SECTION 16. IC 31-30-1-4, AS AMENDED BY P.L.67-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) The juvenile court does not have jurisdiction
over an individual for an alleged violation of:
(1) IC 35-41-5-1(a) (attempted murder);
(2) IC 35-42-1-1 (murder);
(3) IC 35-42-3-2 (kidnapping);
(4) IC 35-42-4-1 (rape);
(5) IC 35-42-4-2 (criminal deviate conduct) (repealed);
(6) IC 35-42-5-1 (robbery) if:
(A) the robbery was committed while armed with a deadly
weapon; or
(B) the robbery results in bodily injury or serious bodily
injury;
(7) IC 35-42-5-2 (carjacking);
(8) IC 35-45-9-3 (criminal gang activity);
(9) IC 35-45-9-4 (criminal gang intimidation);
(10) IC 35-47-2-1 (carrying a handgun without a license), if
charged as a felony;
(11) IC 35-47-10 (children and firearms), if charged as a felony;
(12) IC 35-47-5-4.1 (dealing in a sawed-off shotgun); or
(13) any offense that may be joined under IC 35-34-1-9(a)(2) with
any crime listed in subdivisions (1) through (12);
if the individual was at least sixteen (16) years of age at the time of the
alleged violation.
(b) The juvenile court does not have jurisdiction for an alleged
violation of manufacturing or dealing in cocaine or a narcotic drug
(IC 35-48-4-1), dealing in methamphetamine (IC 35-48-4-1.1), dealing
in a schedule I, II, or III controlled substance (IC 35-48-4-2), or dealing
in a schedule IV controlled substance (IC 35-48-4-3), if:
(1) the individual has a prior unrelated conviction under
IC 35-48-4-1, IC 35-48-4-1.1, IC 35-48-4-2, or IC 35-48-4-3; or
(2) the individual has a prior unrelated juvenile adjudication that,
if committed by an adult, would be a crime under IC 35-48-4-1,
IC 35-48-4-1.1, IC 35-48-4-2, or IC 35-48-4-3;
and the individual was at least sixteen (16) years of age at the time of
the alleged violation.
(c) Once an individual described in subsection (a) or (b) has been
charged with any crime listed in subsection (a) or (b), the court having
adult criminal jurisdiction shall retain jurisdiction over the case even
if the individual pleads guilty to or is convicted of a lesser included
offense. A plea of guilty to or a conviction of a lesser included offense
does not vest jurisdiction in the juvenile court.
SOURCE: IC 31-34-1-3; (13)IN0374.1.17. -->
SECTION 17. IC 31-34-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A child is a child
in need of services if, before the child becomes eighteen (18) years of
age:
(1) the child is the victim of a sex offense under:
(A) IC 35-42-4-1;
(B) IC 35-42-4-2 (repealed);
(C) IC 35-42-4-3;
(D) IC 35-42-4-4;
(E) IC 35-42-4-7;
(F) IC 35-42-4-9;
(G) IC 35-45-4-1;
(H) IC 35-45-4-2;
(I) IC 35-46-1-3; or
(J) the law of another jurisdiction, including a military court,
that is substantially equivalent to any of the offenses listed in
clauses (A) through (I); and
(2) the child needs care, treatment, or rehabilitation that:
(A) the child is not receiving; and
(B) is unlikely to be provided or accepted without the coercive
intervention of the court.
(b) A child is a child in need of services if, before the child becomes
eighteen (18) years of age:
(1) the child lives in the same household as another child who is
the victim of a sex offense under:
(A) IC 35-42-4-1;
(B) IC 35-42-4-2 (repealed);
(C) IC 35-42-4-3;
(D) IC 35-42-4-4;
(E) IC 35-42-4-7;
(F) IC 35-42-4-9;
(G) IC 35-45-4-1;
(H) IC 35-45-4-2;
(I) IC 35-46-1-3; or
(J) the law of another jurisdiction, including a military court,
that is substantially equivalent to any of the offenses listed in
clauses (A) through (I);
(2) the child lives in the same household as the adult who
committed the sex offense under subdivision (1) and the sex
offense resulted in a conviction or a judgment under
IC 31-34-11-2;
(3) the child needs care, treatment, or rehabilitation that:
(A) the child is not receiving; and
(B) is unlikely to be provided or accepted without the coercive
intervention of the court; and
(4) a caseworker assigned to provide services to the child:
(A) places the child in a program of informal adjustment or
other family or rehabilitative services based upon the existence
of the circumstances described in subdivisions (1) and (2) and
the assigned caseworker subsequently determines further
intervention is necessary; or
(B) determines that a program of informal adjustment or other
family or rehabilitative services is inappropriate.
SOURCE: IC 31-35-3-4; (13)IN0374.1.18. -->
SECTION 18. IC 31-35-3-4, AS AMENDED BY P.L.146-2008,
SECTION 618, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 4. If:
(1) an individual is convicted of the offense of:
(A) murder (IC 35-42-1-1);
(B) causing suicide (IC 35-42-1-2);
(C) voluntary manslaughter (IC 35-42-1-3);
(D) involuntary manslaughter (IC 35-42-1-4);
(E) rape (IC 35-42-4-1);
(F) criminal deviate conduct (IC 35-42-4-2) (repealed);
(G) child molesting (IC 35-42-4-3);
(H) child exploitation (IC 35-42-4-4);
(I) sexual misconduct with a minor (IC 35-42-4-9); or
(J) incest (IC 35-46-1-3); and
(2) the victim of the offense:
(A) was less than sixteen (16) years of age at the time of the
offense; and
(B) is:
(i) the individual's biological or adoptive child; or
(ii) the child of a spouse of the individual who has
committed the offense;
the attorney for the department, the child's guardian ad litem, or the
court appointed special advocate may file a petition with the juvenile
or probate court to terminate the parent-child relationship of the
individual who has committed the offense with the victim of the
offense, the victim's siblings, or any biological or adoptive child of that
individual.
SOURCE: IC 31-37-19-9; (13)IN0374.1.19. -->
SECTION 19. IC 31-37-19-9, AS AMENDED BY P.L.173-2006,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 9. (a) This section applies if a child is a delinquent
child under IC 31-37-1.
(b) After a juvenile court makes a determination under IC 11-8-8-5,
the juvenile court may, in addition to an order under section 6 of this
chapter, and if the child:
(1) is at least thirteen (13) years of age and less than sixteen (16)
years of age; and
(2) committed an act that, if committed by an adult, would be:
(A) murder (IC 35-42-1-1);
(B) kidnapping (IC 35-42-3-2);
(C) rape (IC 35-42-4-1);
(D) criminal deviate conduct (IC 35-42-4-2) (repealed); or
(E) robbery (IC 35-42-5-1) if the robbery was committed while
armed with a deadly weapon or if the robbery resulted in
bodily injury or serious bodily injury;
order wardship of the child to the department of correction for a fixed
period that is not longer than the date the child becomes eighteen (18)
years of age, subject to IC 11-10-2-10.
(c) Notwithstanding IC 11-10-2-5, the department of correction may
not reduce the period ordered under this section (or
IC 31-6-4-15.9(b)(8) before its repeal).
SOURCE: IC 33-37-5-12; (13)IN0374.1.20. -->
SECTION 20. IC 33-37-5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. The court shall
order a person to pay a child abuse prevention fee of one hundred
dollars ($100) to the clerk in each criminal action in which:
(1) the person is found to have committed the offense of:
(A) murder (IC 35-42-1-1);
(B) causing suicide (IC 35-42-1-2);
(C) voluntary manslaughter (IC 35-42-1-3);
(D) reckless homicide (IC 35-42-1-5);
(E) battery (IC 35-42-2-1);
(F) rape (IC 35-42-4-1);
(G) criminal deviate conduct (IC 35-42-4-2) (repealed);
(H) child molesting (IC 35-42-4-3);
(I) child exploitation (IC 35-42-4-4);
(J) vicarious sexual gratification (IC 35-42-4-5);
(K) child solicitation (IC 35-42-4-6);
(L) incest (IC 35-46-1-3);
(M) neglect of a dependent (IC 35-46-1-4);
(N) child selling (IC 35-46-1-4); or
(O) child seduction (IC 35-42-4-7); and
(2) the victim of the offense is less than eighteen (18) years of
age.
SOURCE: IC 33-37-5-23; (13)IN0374.1.21. -->
SECTION 21. IC 33-37-5-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 23. (a) This section
applies to criminal actions.
(b) The court shall assess a sexual assault victims assistance fee of
at least two hundred fifty dollars ($250) and not more than one
thousand dollars ($1,000) against an individual convicted in Indiana of
any of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual battery (IC 35-42-4-8).
(9) Sexual misconduct with a minor as a Class A or Class B
felony (IC 35-42-4-9).
(10) Incest (IC 35-46-1-3).
SOURCE: IC 33-39-1-9; (13)IN0374.1.22. -->
SECTION 22. IC 33-39-1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. A prosecuting
attorney who charges a person with committing any of the following
shall inform the person's employer of the charge, unless the prosecuting
attorney determines that the person charged does not work with
children:
(1) Rape (IC 35-42-4-1), if the victim is less than eighteen (18)
years of age.
(2) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the
victim is less than eighteen (18) years of age.
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Incest (IC 35-46-1-3), if the victim is less than eighteen (18)
years of age.
SOURCE: IC 35-31.5-2-216; (13)IN0374.1.23. -->
SECTION 23. IC 35-31.5-2-216, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 216. "Offense relating to a criminal sexual act"
means the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(3) Child molesting (IC 35-42-4-3).
(4) Child seduction (IC 35-42-4-7).
(5) Prostitution (IC 35-45-4-2).
(6) Patronizing a prostitute (IC 35-45-4-3).
(7) Incest (IC 35-46-1-3).
(8) Sexual misconduct with a minor under IC 35-42-4-9(a).
SOURCE: IC 35-38-1-7.5; (13)IN0374.1.24. -->
SECTION 24. IC 35-38-1-7.5, AS AMENDED BY P.L.216-2007,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7.5. (a) As used in this section, "sexually violent
predator" means a person who suffers from a mental abnormality or
personality disorder that makes the individual likely to repeatedly
commit a sex offense (as defined in IC 11-8-8-5.2). The term includes
a person convicted in another jurisdiction who is identified as a
sexually violent predator under IC 11-8-8-20. The term does not
include a person no longer considered a sexually violent predator under
subsection (g).
(b) A person who:
(1) being at least eighteen (18) years of age, commits an offense
described in:
(A) IC 35-42-4-1;
(B) IC 35-42-4-2 (before its repeal);
(C) IC 35-42-4-3 as a Class A or Class B felony;
(D) IC 35-42-4-5(a)(1);
(E) IC 35-42-4-5(a)(2);
(F) IC 35-42-4-5(a)(3);
(G) IC 35-42-4-5(b)(1) as a Class A or Class B felony;
(H) IC 35-42-4-5(b)(2);
(I) IC 35-42-4-5(b)(3) as a Class A or Class B felony;
(J) an attempt or conspiracy to commit a crime listed in
clauses (A) through (I); or
(K) a crime under the laws of another jurisdiction, including
a military court, that is substantially equivalent to any of the
offenses listed in clauses (A) through (J);
(2) commits a sex offense (as defined in IC 11-8-8-5.2) while
having a previous unrelated conviction for a sex offense for which
the person is required to register as a sex or violent offender under
IC 11-8-8;
(3) commits a sex offense (as defined in IC 11-8-8-5.2) while
having had a previous unrelated adjudication as a delinquent child
for an act that would be a sex offense if committed by an adult, if,
after considering expert testimony, a court finds by clear and
convincing evidence that the person is likely to commit an
additional sex offense; or
(4) commits a sex offense (as defined in IC 11-8-8-5.2) while
having had a previous unrelated adjudication as a delinquent child
for an act that would be a sex offense if committed by an adult, if
the person was required to register as a sex or violent offender
under IC 11-8-8-5(b)(2);
is a sexually violent predator. Except as provided in subsection (g) or
(h), a person is a sexually violent predator by operation of law if an
offense committed by the person satisfies the conditions set forth in
subdivision (1) or (2) and the person was released from incarceration,
secure detention, or probation for the offense after June 30, 1994.
(c) This section applies whenever a court sentences a person or a
juvenile court issues a dispositional decree for a sex offense (as defined
in IC 11-8-8-5.2) for which the person is required to register with the
local law enforcement authority under IC 11-8-8.
(d) At the sentencing hearing, the court shall indicate on the record
whether the person has been convicted of an offense that makes the
person a sexually violent predator under subsection (b).
(e) If a person is not a sexually violent predator under subsection
(b), the prosecuting attorney may request the court to conduct a hearing
to determine whether the person (including a child adjudicated to be a
delinquent child) is a sexually violent predator under subsection (a). If
the court grants the motion, the court shall appoint two (2)
psychologists or psychiatrists who have expertise in criminal
behavioral disorders to evaluate the person and testify at the hearing.
After conducting the hearing and considering the testimony of the two
(2) psychologists or psychiatrists, the court shall determine whether the
person is a sexually violent predator under subsection (a). A hearing
conducted under this subsection may be combined with the person's
sentencing hearing.
(f) If a person is a sexually violent predator:
(1) the person is required to register with the local law
enforcement authority as provided in IC 11-8-8; and
(2) the court shall send notice to the department of correction.
(g) This subsection does not apply to a person who has two (2) or
more unrelated convictions for an offense described in IC 11-8-8-4.5
for which the person is required to register under IC 11-8-8. A person
who is a sexually violent predator may petition the court to consider
whether the person should no longer be considered a sexually violent
predator. The person may file a petition under this subsection not
earlier than ten (10) years after:
(1) the sentencing court or juvenile court makes its determination
under subsection (e); or
(2) the person is released from incarceration or secure detention.
A person may file a petition under this subsection not more than one
(1) time per year. A court may dismiss a petition filed under this
subsection or conduct a hearing to determine if the person should no
longer be considered a sexually violent predator. If the court conducts
a hearing, the court shall appoint two (2) psychologists or psychiatrists
who have expertise in criminal behavioral disorders to evaluate the
person and testify at the hearing. After conducting the hearing and
considering the testimony of the two (2) psychologists or psychiatrists,
the court shall determine whether the person should no longer be
considered a sexually violent predator under subsection (a). If a court
finds that the person should no longer be considered a sexually violent
predator, the court shall send notice to the department of correction that
the person is no longer considered a sexually violent predator.
Notwithstanding any other law, a condition imposed on a person due
to the person's status as a sexually violent predator, including lifetime
parole or GPS monitoring, does not apply to a person no longer
considered a sexually violent predator.
(h) A person is not a sexually violent predator by operation of law
under subsection (b)(1) if all of the following conditions are met:
(1) The victim was not less than twelve (12) years of age at the
time the offense was committed.
(2) The person is not more than four (4) years older than the
victim.
(3) The relationship between the person and the victim was a
dating relationship or an ongoing personal relationship. The term
"ongoing personal relationship" does not include a family
relationship.
(4) The offense committed by the person was not any of the
following:
(A) Rape (IC 35-42-4-1).
(B) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(C) An offense committed by using or threatening the use of
deadly force or while armed with a deadly weapon.
(D) An offense that results in serious bodily injury.
(E) An offense that is facilitated by furnishing the victim,
without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with
the drug or controlled substance without the victim's
knowledge.
(5) The person has not committed another sex offense (as defined
in IC 11-8-8-5.2) (including a delinquent act that would be a sex
offense if committed by an adult) against any other person.
(6) The person did not have a position of authority or substantial
influence over the victim.
(7) The court finds that the person should not be considered a
sexually violent predator.
SOURCE: IC 35-38-2-2.5; (13)IN0374.1.25. -->
SECTION 25. IC 35-38-2-2.5, AS AMENDED BY P.L.216-2007,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2.5. (a) As used in this section, "offender" means
an individual convicted of a sex offense.
(b) As used in this section, "sex offense" means any of the
following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2)
(repealed).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual battery (IC 35-42-4-8).
(9) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
(10) Incest (IC 35-46-1-3).
(c) A condition of remaining on probation or parole after conviction
for a sex offense is that the offender not reside within one (1) mile of
the residence of the victim of the offender's sex offense.
(d) An offender:
(1) who will be placed on probation shall provide the sentencing
court and the probation department with the address where the
offender intends to reside during the period of probation:
(A) at the time of sentencing if the offender will be placed on
probation without first being incarcerated; or
(B) before the offender's release from incarceration if the
offender will be placed on probation after completing a term
of incarceration; or
(2) who will be placed on parole shall provide the parole board
with the address where the offender intends to reside during the
period of parole.
(e) An offender, while on probation or parole, may not establish a
new residence within one (1) mile of the residence of the victim of the
offender's sex offense unless the offender first obtains a waiver from
the:
(1) court, if the offender is placed on probation; or
(2) parole board, if the offender is placed on parole;
for the change of address under subsection (f).
(f) The court or parole board may waive the requirement set forth in
subsection (c) only if the court or parole board, at a hearing at which
the offender is present and of which the prosecuting attorney has been
notified, determines that:
(1) the offender has successfully completed a sex offender
treatment program during the period of probation or parole;
(2) the offender is in compliance with all terms of the offender's
probation or parole; and
(3) good cause exists to allow the offender to reside within one (1)
mile of the residence of the victim of the offender's sex offense.
However, the court or parole board may not grant a waiver under this
subsection if the offender is a sexually violent predator under
IC 35-38-1-7.5 or if the offender is an offender against children under
IC 35-42-4-11.
(g) If the court or parole board grants a waiver under subsection (f),
the court or parole board shall state in writing the reasons for granting
the waiver. The court's written statement of its reasons shall be
incorporated into the record.
(h) The address of the victim of the offender's sex offense is
confidential even if the court or parole board grants a waiver under
subsection (f).
SOURCE: IC 35-42-1-1; (13)IN0374.1.26. -->
SECTION 26. IC 35-42-1-1, AS AMENDED BY P.L.1-2007,
SECTION 230, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1. A person who:
(1) knowingly or intentionally kills another human being;
(2) kills another human being while committing or attempting to
commit arson, burglary, child molesting, consumer product
tampering, criminal deviate conduct (under IC 35-42-4-2 before
its repeal), kidnapping, rape, robbery, human trafficking,
promotion of human trafficking, sexual trafficking of a minor, or
carjacking;
(3) kills another human being while committing or attempting to
commit:
(A) dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1);
(B) dealing in or manufacturing methamphetamine
(IC 35-48-4-1.1);
(C) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2);
(D) dealing in a schedule IV controlled substance
(IC 35-48-4-3); or
(E) dealing in a schedule V controlled substance; or
(4) knowingly or intentionally kills a fetus that has attained
viability (as defined in IC 16-18-2-365);
commits murder, a felony.
SOURCE: IC 35-42-4-1; (13)IN0374.1.27. -->
SECTION 27. IC 35-42-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Except as
provided in subsection (b), a person who knowingly or intentionally has
sexual intercourse with a member of the opposite sex
or knowingly or
intentionally causes another person to perform or submit to
deviate sexual conduct when:
(1) the other person is compelled by force or imminent threat of
force;
(2) the other person is unaware that the sexual intercourse
or
deviate sexual conduct is occurring; or
(3) the other person is so mentally disabled or deficient that
consent to sexual intercourse or deviate sexual conduct cannot
be given;
commits rape, a Class B felony.
(b) An offense described in subsection (a) is a Class A felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to a person other than a
defendant; or
(4) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
SOURCE: IC 35-42-4-2; (13)IN0374.1.28. -->
SECTION 28. IC 35-42-4-2 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 2. (a) A person who knowingly or intentionally causes
another person to perform or submit to deviate sexual conduct when:
(1) the other person is compelled by force or imminent threat of
force;
(2) the other person is unaware that the conduct is occurring; or
(3) the other person is so mentally disabled or deficient that
consent to the conduct cannot be given;
commits criminal deviate conduct, a Class B felony.
(b) An offense described in subsection (a) is a Class A felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to any person other than a
defendant; or
(4) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
SOURCE: IC 35-47-4-5; (13)IN0374.1.29. -->
SECTION 29. IC 35-47-4-5, AS AMENDED BY P.L.126-2012,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. (a) As used in this section, "serious violent
felon" means a person who has been convicted of:
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime
for which the conviction was entered are substantially similar
to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a serious
violent felony in:
(A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2;
or
(B) any other jurisdiction in which the elements of the crime
for which the conviction was entered are substantially similar
to the elements of attempting to commit or conspiring to
commit a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (IC 35-42-1-1);
(2) voluntary manslaughter (IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle
(IC 35-42-1-5);
(4) battery as a:
(A) Class A felony (IC 35-42-2-1(a)(5));
(B) Class B felony (IC 35-42-2-1(a)(4)); or
(C) Class C felony (IC 35-42-2-1(a)(3));
(5) aggravated battery (IC 35-42-2-1.5);
(6) kidnapping (IC 35-42-3-2);
(7) criminal confinement (IC 35-42-3-3);
(8) rape (IC 35-42-4-1);
(9) criminal deviate conduct (IC 35-42-4-2) (repealed);
(10) child molesting (IC 35-42-4-3);
(11) sexual battery as a Class C felony (IC 35-42-4-8);
(12) robbery (IC 35-42-5-1);
(13) carjacking (IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony
(IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony
(IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (IC 35-44.1-2-5);
(17) resisting law enforcement as a Class B felony or Class C
felony (IC 35-44.1-3-1);
(18) escape as a Class B felony or Class C felony
(IC 35-44.1-3-4);
(19) trafficking with an inmate as a Class C felony
(IC 35-44.1-3-5);
(20) criminal gang intimidation (IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony
(IC 35-45-10-5);
(22) incest (IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1);
(24) dealing in methamphetamine (IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2);
(26) dealing in a schedule IV controlled substance (IC 35-48-4-3);
or
(27) dealing in a schedule V controlled substance (IC 35-48-4-4).
(c) A serious violent felon who knowingly or intentionally possesses
a firearm commits unlawful possession of a firearm by a serious violent
felon, a Class B felony.
SOURCE: IC 35-50-1-2; (13)IN0374.1.30. -->
SECTION 30. IC 35-50-1-2, AS AMENDED BY P.L.125-2012,
SECTION 416, AND AS AMENDED BY P.L.126-2012, SECTION
59, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 2. (a) As used in this section,
"crime of violence" means the following:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Kidnapping (IC 35-42-3-2).
(8) Rape (IC 35-42-4-1).
(9) Criminal deviate conduct (IC 35-42-4-2)
(repealed).
(10) Child molesting (IC 35-42-4-3).
(11) Sexual misconduct with a minor as a Class A felony under
IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2).
(12) Robbery as a Class A felony or a Class B felony
(IC 35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony
(IC 35-43-2-1).
(14) Operating a vehicle while intoxicated causing death
(IC 9-30-5-5).
(15) Operating a
motor vehicle while intoxicated causing serious
bodily injury to another person (IC 9-30-5-4).
(16) Resisting law enforcement as a felony
(IC 35-44-3-3).
(IC 35-44.1-3-1).
(b) As used in this section, "episode of criminal conduct" means
offenses or a connected series of offenses that are closely related in
time, place, and circumstance.
(c) Except as provided in subsection (d) or (e), the court shall
determine whether terms of imprisonment shall be served concurrently
or consecutively. The court may consider the:
(1) aggravating circumstances in IC 35-38-1-7.1(a); and
(2) mitigating circumstances in IC 35-38-1-7.1(b);
in making a determination under this subsection. The court may order
terms of imprisonment to be served consecutively even if the sentences
are not imposed at the same time. However, except for crimes of
violence, the total of the consecutive terms of imprisonment, exclusive
of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10, to
which the defendant is sentenced for felony convictions arising out of
an episode of criminal conduct shall not exceed the advisory sentence
for a felony which is one (1) class of felony higher than the most
serious of the felonies for which the person has been convicted.
(d) If, after being arrested for one (1) crime, a person commits
another crime:
(1) before the date the person is discharged from probation,
parole, or a term of imprisonment imposed for the first crime; or
(2) while the person is released:
(A) upon the person's own recognizance; or
(B) on bond;
the terms of imprisonment for the crimes shall be served consecutively,
regardless of the order in which the crimes are tried and sentences are
imposed.
(e) If the factfinder determines under IC 35-50-2-11 that a person
used a firearm in the commission of the offense for which the person
was convicted, the term of imprisonment for the underlying offense and
the additional term of imprisonment imposed under IC 35-50-2-11
must be served consecutively.
SOURCE: IC 35-50-2-2; (13)IN0374.1.31. -->
SECTION 31. IC 35-50-2-2, AS AMENDED BY P.L.126-2012,
SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. (a) The court may suspend any part of a
sentence for a felony, except as provided in this section or in section
2.1 of this chapter.
(b) Except as provided in subsection (i), with respect to the
following crimes listed in this subsection, the court may suspend only
that part of the sentence that is in excess of the minimum sentence,
unless the court has approved placement of the offender in a forensic
diversion program under IC 11-12-3.7:
(1) The crime committed was a Class A felony or Class B felony
and the person has a prior unrelated felony conviction.
(2) The crime committed was a Class C felony and less than seven
(7) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class C felony for which the person is
being sentenced.
(3) The crime committed was a Class D felony and less than three
(3) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class D felony for which the person is
being sentenced. However, the court may suspend the minimum
sentence for the crime only if the court orders home detention
under IC 35-38-1-21 or IC 35-38-2.5-5 instead of the minimum
sentence specified for the crime under this chapter.
(4) The felony committed was:
(A) murder (IC 35-42-1-1);
(B) battery (IC 35-42-2-1) with a deadly weapon or battery
causing death;
(C) sexual battery (IC 35-42-4-8) with a deadly weapon;
(D) kidnapping (IC 35-42-3-2);
(E) confinement (IC 35-42-3-3) with a deadly weapon;
(F) rape (IC 35-42-4-1) as a Class A felony;
(G) criminal deviate conduct (IC 35-42-4-2) (repealed) as a
Class A felony;
(H) except as provided in subsection (i), child molesting
(IC 35-42-4-3) as a Class A or Class B felony, unless:
(i) the felony committed was child molesting as a Class B
felony;
(ii) the victim was not less than twelve (12) years old at the
time the offense was committed;
(iii) the person is not more than four (4) years older than the
victim, or more than five (5) years older than the victim if
the relationship between the person and the victim was a
dating relationship or an ongoing personal relationship (not
including a family relationship);
(iv) the person did not have a position of authority or
substantial influence over the victim; and
(v) the person has not committed another sex offense (as
defined in IC 11-8-8-5.2) (including a delinquent act that
would be a sex offense if committed by an adult) against any
other person;
(I) robbery (IC 35-42-5-1) resulting in serious bodily injury or
with a deadly weapon;
(J) arson (IC 35-43-1-1) for hire or resulting in serious bodily
injury;
(K) burglary (IC 35-43-2-1) resulting in serious bodily injury
or with a deadly weapon;
(L) resisting law enforcement (IC 35-44.1-3-1) with a deadly
weapon;
(M) escape (IC 35-44.1-3-4) with a deadly weapon;
(N) rioting (IC 35-45-1-2) with a deadly weapon;
(O) dealing in cocaine or a narcotic drug (IC 35-48-4-1) if the
court finds the person possessed a firearm (as defined in
IC 35-47-1-5) at the time of the offense, or the person
delivered or intended to deliver to a person under eighteen
(18) years of age at least three (3) years junior to the person
and was on a school bus or within one thousand (1,000) feet
of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(P) dealing in methamphetamine (IC 35-48-4-1.1) if the court
finds the person possessed a firearm (as defined in
IC 35-47-1-5) at the time of the offense, or the person
delivered or intended to deliver the methamphetamine pure or
adulterated to a person under eighteen (18) years of age at
least three (3) years junior to the person and was on a school
bus or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(Q) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2) if the court finds the person possessed a firearm
(as defined in IC 35-47-1-5) at the time of the offense, or the
person delivered or intended to deliver to a person under
eighteen (18) years of age at least three (3) years junior to the
person and was on a school bus or within one thousand (1,000)
feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(R) an offense under IC 9-30-5 (operating a vehicle while
intoxicated) and the person who committed the offense has
accumulated at least two (2) prior unrelated convictions under
IC 9-30-5;
(S) an offense under IC 9-30-5-5(b) (operating a vehicle while
intoxicated causing death);
(T) aggravated battery (IC 35-42-2-1.5); or
(U) disarming a law enforcement officer (IC 35-44.1-3-2).
(c) Except as provided in subsection (e), whenever the court
suspends a sentence for a felony, it shall place the person on probation
under IC 35-38-2 for a fixed period to end not later than the date that
the maximum sentence that may be imposed for the felony will expire.
(d) The minimum sentence for a person convicted of voluntary
manslaughter may not be suspended unless the court finds at the
sentencing hearing that the crime was not committed by means of a
deadly weapon.
(e) Whenever the court suspends that part of the sentence of a sex
or violent offender (as defined in IC 11-8-8-5) that is suspendible under
subsection (b), the court shall place the sex or violent offender on
probation under IC 35-38-2 for not more than ten (10) years.
(f) An additional term of imprisonment imposed under
IC 35-50-2-11 may not be suspended.
(g) A term of imprisonment imposed under IC 35-47-10-6 or
IC 35-47-10-7 may not be suspended if the commission of the offense
was knowing or intentional.
(h) A term of imprisonment imposed for an offense under
IC 35-48-4-6(b)(1)(B) or IC 35-48-4-6.1(b)(1)(B) may not be
suspended.
(i) If a person is:
(1) convicted of child molesting (IC 35-42-4-3) as a Class A
felony against a victim less than twelve (12) years of age; and
(2) at least twenty-one (21) years of age;
the court may suspend only that part of the sentence that is in excess of
thirty (30) years.
SOURCE: IC 35-50-2-9; (13)IN0374.1.32. -->
SECTION 32. IC 35-50-2-9, AS AMENDED BY P.L.99-2007,
SECTION 213, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 9. (a) The state may seek either a
death sentence or a sentence of life imprisonment without parole for
murder by alleging, on a page separate from the rest of the charging
instrument, the existence of at least one (1) of the aggravating
circumstances listed in subsection (b). In the sentencing hearing after
a person is convicted of murder, the state must prove beyond a
reasonable doubt the existence of at least one (1) of the aggravating
circumstances alleged. However, the state may not proceed against a
defendant under this section if a court determines at a pretrial hearing
under IC 35-36-9 that the defendant is an individual with mental
retardation.
(b) The aggravating circumstances are as follows:
(1) The defendant committed the murder by intentionally killing
the victim while committing or attempting to commit any of the
following:
(A) Arson (IC 35-43-1-1).
(B) Burglary (IC 35-43-2-1).
(C) Child molesting (IC 35-42-4-3).
(D) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(E) Kidnapping (IC 35-42-3-2).
(F) Rape (IC 35-42-4-1).
(G) Robbery (IC 35-42-5-1).
(H) Carjacking (IC 35-42-5-2).
(I) Criminal gang activity (IC 35-45-9-3).
(J) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
(2) The defendant committed the murder by the unlawful
detonation of an explosive with intent to injure person or damage
property.
(3) The defendant committed the murder by lying in wait.
(4) The defendant who committed the murder was hired to kill.
(5) The defendant committed the murder by hiring another person
to kill.
(6) The victim of the murder was a corrections employee,
probation officer, parole officer, community corrections worker,
home detention officer, fireman, judge, or law enforcement
officer, and either:
(A) the victim was acting in the course of duty; or
(B) the murder was motivated by an act the victim performed
while acting in the course of duty.
(7) The defendant has been convicted of another murder.
(8) The defendant has committed another murder, at any time,
regardless of whether the defendant has been convicted of that
other murder.
(9) The defendant was:
(A) under the custody of the department of correction;
(B) under the custody of a county sheriff;
(C) on probation after receiving a sentence for the commission
of a felony; or
(D) on parole;
at the time the murder was committed.
(10) The defendant dismembered the victim.
(11) The defendant burned, mutilated, or tortured the victim while
the victim was alive.
(12) The victim of the murder was less than twelve (12) years of
age.
(13) The victim was a victim of any of the following offenses for
which the defendant was convicted:
(A) Battery as a Class D felony or as a Class C felony under
IC 35-42-2-1.
(B) Kidnapping (IC 35-42-3-2).
(C) Criminal confinement (IC 35-42-3-3).
(D) A sex crime under IC 35-42-4.
(14) The victim of the murder was listed by the state or known by
the defendant to be a witness against the defendant and the
defendant committed the murder with the intent to prevent the
person from testifying.
(15) The defendant committed the murder by intentionally
discharging a firearm (as defined in IC 35-47-1-5):
(A) into an inhabited dwelling; or
(B) from a vehicle.
(16) The victim of the murder was pregnant and the murder
resulted in the intentional killing of a fetus that has attained
viability (as defined in IC 16-18-2-365).
(c) The mitigating circumstances that may be considered under this
section are as follows:
(1) The defendant has no significant history of prior criminal
conduct.
(2) The defendant was under the influence of extreme mental or
emotional disturbance when the murder was committed.
(3) The victim was a participant in or consented to the defendant's
conduct.
(4) The defendant was an accomplice in a murder committed by
another person, and the defendant's participation was relatively
minor.
(5) The defendant acted under the substantial domination of
another person.
(6) The defendant's capacity to appreciate the criminality of the
defendant's conduct or to conform that conduct to the
requirements of law was substantially impaired as a result of
mental disease or defect or of intoxication.
(7) The defendant was less than eighteen (18) years of age at the
time the murder was committed.
(8) Any other circumstances appropriate for consideration.
(d) If the defendant was convicted of murder in a jury trial, the jury
shall reconvene for the sentencing hearing. If the trial was to the court,
or the judgment was entered on a guilty plea, the court alone shall
conduct the sentencing hearing. The jury or the court may consider all
the evidence introduced at the trial stage of the proceedings, together
with new evidence presented at the sentencing hearing. The court shall
instruct the jury concerning the statutory penalties for murder and any
other offenses for which the defendant was convicted, the potential for
consecutive or concurrent sentencing, and the availability of good time
credit and clemency. The court shall instruct the jury that, in order for
the jury to recommend to the court that the death penalty or life
imprisonment without parole should be imposed, the jury must find at
least one (1) aggravating circumstance beyond a reasonable doubt as
described in subsection (l) and shall provide a special verdict form for
each aggravating circumstance alleged. The defendant may present any
additional evidence relevant to:
(1) the aggravating circumstances alleged; or
(2) any of the mitigating circumstances listed in subsection (c).
(e) For a defendant sentenced after June 30, 2002, except as
provided by IC 35-36-9, if the hearing is by jury, the jury shall
recommend to the court whether the death penalty or life imprisonment
without parole, or neither, should be imposed. The jury may
recommend:
(1) the death penalty; or
(2) life imprisonment without parole;
only if it makes the findings described in subsection (l). If the jury
reaches a sentencing recommendation, the court shall sentence the
defendant accordingly. After a court pronounces sentence, a
representative of the victim's family and friends may present a
statement regarding the impact of the crime on family and friends. The
impact statement may be submitted in writing or given orally by the
representative. The statement shall be given in the presence of the
defendant.
(f) If a jury is unable to agree on a sentence recommendation after
reasonable deliberations, the court shall discharge the jury and proceed
as if the hearing had been to the court alone.
(g) If the hearing is to the court alone, except as provided by
IC 35-36-9, the court shall:
(1) sentence the defendant to death; or
(2) impose a term of life imprisonment without parole;
only if it makes the findings described in subsection (l).
(h) If a court sentences a defendant to death, the court shall order
the defendant's execution to be carried out not later than one (1) year
and one (1) day after the date the defendant was convicted. The
supreme court has exclusive jurisdiction to stay the execution of a
death sentence. If the supreme court stays the execution of a death
sentence, the supreme court shall order a new date for the defendant's
execution.
(i) If a person sentenced to death by a court files a petition for
post-conviction relief, the court, not later than ninety (90) days after the
date the petition is filed, shall set a date to hold a hearing to consider
the petition. If a court does not, within the ninety (90) day period, set
the date to hold the hearing to consider the petition, the court's failure
to set the hearing date is not a basis for additional post-conviction
relief. The attorney general shall answer the petition for post-conviction
relief on behalf of the state. At the request of the attorney general, a
prosecuting attorney shall assist the attorney general. The court shall
enter written findings of fact and conclusions of law concerning the
petition not later than ninety (90) days after the date the hearing
concludes. However, if the court determines that the petition is without
merit, the court may dismiss the petition within ninety (90) days
without conducting a hearing under this subsection.
(j) A death sentence is subject to automatic review by the supreme
court. The review, which shall be heard under rules adopted by the
supreme court, shall be given priority over all other cases. The supreme
court's review must take into consideration all claims that the:
(1) conviction or sentence was in violation of the:
(A) Constitution of the State of Indiana; or
(B) Constitution of the United States;
(2) sentencing court was without jurisdiction to impose a
sentence; and
(3) sentence:
(A) exceeds the maximum sentence authorized by law; or
(B) is otherwise erroneous.
If the supreme court cannot complete its review by the date set by the
sentencing court for the defendant's execution under subsection (h), the
supreme court shall stay the execution of the death sentence and set a
new date to carry out the defendant's execution.
(k) A person who has been sentenced to death and who has
completed state post-conviction review proceedings may file a written
petition with the supreme court seeking to present new evidence
challenging the person's guilt or the appropriateness of the death
sentence if the person serves notice on the attorney general. The
supreme court shall determine, with or without a hearing, whether the
person has presented previously undiscovered evidence that
undermines confidence in the conviction or the death sentence. If
necessary, the supreme court may remand the case to the trial court for
an evidentiary hearing to consider the new evidence and its effect on
the person's conviction and death sentence. The supreme court may not
make a determination in the person's favor nor make a decision to
remand the case to the trial court for an evidentiary hearing without
first providing the attorney general with an opportunity to be heard on
the matter.
(l) Before a sentence may be imposed under this section, the jury,
in a proceeding under subsection (e), or the court, in a proceeding
under subsection (g), must find that:
(1) the state has proved beyond a reasonable doubt that at least
one (1) of the aggravating circumstances listed in subsection (b)
exists; and
(2) any mitigating circumstances that exist are outweighed by the
aggravating circumstance or circumstances.
SOURCE: IC 35-50-6-3.3; (13)IN0374.1.33. -->
SECTION 33. IC 35-50-6-3.3, AS AMENDED BY P.L.147-2012,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3.3. (a) In addition to any credit time a person
earns under subsection (b) or section 3 of this chapter, a person earns
credit time if the person:
(1) is in credit Class I;
(2) has demonstrated a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain one (1) of the
following:
(A) A general educational development (GED) diploma under
IC 20-20-6 (before its repeal) or IC 22-4.1-18, if the person
has not previously obtained a high school diploma.
(B) Except as provided in subsection (n), a high school
diploma, if the person has not previously obtained a general
educational development (GED) diploma.
(C) An associate's degree from an approved postsecondary
educational institution (as defined under IC 21-7-13-6(a)).
(D) A bachelor's degree from an approved postsecondary
educational institution (as defined under IC 21-7-13-6(a)).
(b) In addition to any credit time that a person earns under
subsection (a) or section 3 of this chapter, a person may earn credit
time if, while confined by the department of correction, the person:
(1) is in credit Class I;
(2) demonstrates a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain at least one (1)
of the following:
(A) A certificate of completion of a career and technical
education program approved by the department of correction.
(B) A certificate of completion of a substance abuse program
approved by the department of correction.
(C) A certificate of completion of a literacy and basic life
skills program approved by the department of correction.
(D) A certificate of completion of a reformative program
approved by the department of correction.
(c) The department of correction shall establish admissions criteria
and other requirements for programs available for earning credit time
under subsection (b). A person may not earn credit time under both
subsections (a) and (b) for the same program of study.
(d) The amount of credit time a person may earn under this section
is the following:
(1) Six (6) months for completion of a state of Indiana general
educational development (GED) diploma under IC 20-20-6
(before its repeal) or IC 22-4.1-18.
(2) One (1) year for graduation from high school.
(3) One (1) year for completion of an associate's degree.
(4) Two (2) years for completion of a bachelor's degree.
(5) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion of
one (1) or more career and technical education programs
approved by the department of correction.
(6) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion of
one (1) or more substance abuse programs approved by the
department of correction.
(7) Not more than a total of six (6) months credit, as determined
by the department of correction, for the completion of one (1) or
more literacy and basic life skills programs approved by the
department of correction.
(8) Not more than a total of six (6) months credit time, as
determined by the department of correction, for completion of one
(1) or more reformative programs approved by the department of
correction. However, a person who is serving a sentence for an
offense listed under IC 11-8-8-4.5 may not earn credit time under
this subdivision.
However, a person who does not have a substance abuse problem that
qualifies the person to earn credit in a substance abuse program may
earn not more than a total of twelve (12) months of credit, as
determined by the department of correction, for the completion of one
(1) or more career and technical education programs approved by the
department of correction. If a person earns more than six (6) months of
credit for the completion of one (1) or more career and technical
education programs, the person is ineligible to earn credit for the
completion of one (1) or more substance abuse programs.
(e) Credit time earned by a person under this section is subtracted
from the release date that would otherwise apply to the person after
subtracting all other credit time earned by the person.
(f) A person does not earn credit time under subsection (a) unless
the person completes at least a portion of the degree requirements after
June 30, 1993.
(g) A person does not earn credit time under subsection (b) unless
the person completes at least a portion of the program requirements
after June 30, 1999.
(h) Credit time earned by a person under subsection (a) for a
diploma or degree completed before July 1, 1999, shall be subtracted
from:
(1) the release date that would otherwise apply to the person after
subtracting all other credit time earned by the person, if the
person has not been convicted of an offense described in
subdivision (2); or
(2) the period of imprisonment imposed on the person by the
sentencing court, if the person has been convicted of one (1) of
the following crimes:
(A) Rape (IC 35-42-4-1).
(B) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Vicarious sexual gratification (IC 35-42-4-5).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Sexual misconduct with a minor as a Class A felony, Class
B felony, or Class C felony (IC 35-42-4-9).
(I) Incest (IC 35-46-1-3).
(J) Sexual battery (IC 35-42-4-8).
(K) Kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age.
(L) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age.
(M) An attempt or a conspiracy to commit a crime listed in
clauses (A) through (L).
(i) The maximum amount of credit time a person may earn under
this section is the lesser of:
(1) four (4) years; or
(2) one-third (1/3) of the person's total applicable credit time.
(j) Credit time earned under this section by an offender serving a
sentence for a felony against a person under IC 35-42 or for a crime
listed in IC 11-8-8-5 shall be reduced to the extent that application of
the credit time would otherwise result in:
(1) postconviction release (as defined in IC 35-40-4-6); or
(2) assignment of the person to a community transition program;
in less than forty-five (45) days after the person earns the credit time.
(k) A person may earn credit time for multiple degrees at the same
education level under subsection (d) only in accordance with guidelines
approved by the department of correction. The department of
correction may approve guidelines for proper sequence of education
degrees under subsection (d).
(l) A person may not earn credit time:
(1) for a general educational development (GED) diploma if the
person has previously earned a high school diploma; or
(2) for a high school diploma if the person has previously earned
a general educational development (GED) diploma.
(m) A person may not earn credit time under this section if the
person:
(1) commits an offense listed in IC 11-8-8-4.5 while the person is
required to register as a sex or violent offender under IC 11-8-8-7;
and
(2) is committed to the department of correction after being
convicted of the offense listed in IC 11-8-8-4.5.
(n) For a person to earn credit time under subsection (a)(3)(B) for
successfully completing the requirements for a high school diploma
through correspondence courses, each correspondence course must be
approved by the department before the person begins the
correspondence course. The department may approve a correspondence
course only if the entity administering the course is recognized and
accredited by the department of education in the state where the entity
is located.