1995 | 1996
| 1997 | 1998
| 1999 | 2000 | 2001 | 2002
2003 | 2004 | 2005 | 2006
New Legislation 2000
DOMESTIC BATTERY
IC 33-19-6-13 (P.L. 47, Sec.1-3)
IC 35-33-1-1 (P.L. 47, Sec.2)
IC 35-42-2-1.3 (P.L. 47, Sec.3)
Requires Clerk to collect an additional Domestic Violence Fee of $50 as part of
court costs upon conviction of homicide, Battery, or Domestic Battery, where the
victim is or was the spouse of, living as if the spouse of, or has a child in
common with, the defendant.
Allows for an arrest for Domestic Violence based merely upon probable cause.
Authorizes enhanced punishment (from Class A Misdemeanor to Class D
Felony) upon conviction for Domestic Violence, and the defendant has a prior
felony conviction under former provisions of Battery statute.
HOMICIDE / "YEAR AND A DAY RULE"
IC 35-41-4-2 (P.L. 9, Sec.1)
Amends Statute of Limitations for Murder, allowing for a prosecution to
commence at any time, regardless of when the injury was first inflicted, and
when victim died. (In response to common law rule requiring a homicide
prosecution to be commenced within a year and a day following defendant's act)
BATTERY ON FIREFIGHTERS
IC 35-42-2-1 (P.L. 43, Sec. 1)
Amends Battery statute to provide the same enhanced penalties for battery upon
a firefighter as now exists for battery upon a law enforcement officer. (Class A
Misdemeanor for touching, Class D Felony if bodily injury results)
WEAPONS
PROPELLED KNIFE BLADES
IC 35-47-5-2 (P.L. 70, Sec. 2)
Amends switchblade statute, making it also a Class B Misdemeanor to possess
a knife blade which may be propelled by hand pressure on a button, spring or
other device.
LASER POINTERS
IC 35-47-4.5 (P.L. 70, Sec. 1)
Creates a new statute making it a Class B Misdemeanor to knowingly or
intentionally direct light from a laser pointer at a public safety officer. "Public
Safety Officer" is defined and includes most law enforcement officers, except not
Judges or Prosecutors. Also includes Probation Officers, Reserves, EMT,
Firefighter.
BOMBS
IC 35-41-1-4.3, IC 35-41-1-6.6 (P.L. 104, Sec. 1-2)
IC 35-47-5 (P.L. 104, Sec. 3-5)
Creates statutory definition of "Bomb" and "Dangerous Gas." Exempts firearms,
ammunition, flares, fireworks, powder for antique devices.
Expands Class B Felony crime from "hurls or drops" a bomb, to include "places
or detonates" a bomb.
Adds a defense to the crime of Possessing a Bomb (Class C Felony) and
Detonating a Bomb (Class B Felony), to persons lawfully engaged in the use of
any material "for the sole purpose of industrial, agricultural, mining, construction,
educational, or any other lawful use."
SEX CRIMES
PUBLIC INDECENCY
IC 35-45-4-1 (P.L. 121, Sec. 1)
Amends statute to authorize an enhanced penalty (Class A Misdemeanor to
Class D Felony) for Public Indecency where the crime is committed in a public
park, on DNR property, or on school property, and the defendant has a prior
conviction entered after June 30, 2000.
CHILD NEGLECT
ABANDONED BABIES
IC 35-46-1-4 (P.L. 133, Sec. 10)
IC 31-34-2.5 (P.L. 133, Sec. 3)
Allows an emergency medical services provider to take custody of an
abandoned infant not more than 30 days of age if voluntarily abandoned by the
parent.
Creates a defense to the crime of Neglect of a Dependent, where the parent
leaves an infant child not more than 30 days of age with an emergency medical
provider, and no bodily injury is caused to the child.
DOC / CORRECTIONS
COMMUNITY TRANSITION PROGRAM
IC 11-10-8-9 (P.L. 90, Sec. 2)
IC 35-50-1-7 (P.L. 90, Sec. 19)
Requires Court upon sentencing to notify DOC of victim's last known name and
address. It is incumbent on victim to notify DOC of any change.
Requires DOC to notify victim before assignment to Community Transition or
Work Release Program. Victim may then file written objection to Court or DOC
within 10 days.
IC 11-10-11.5 (P.L. 90, Sec. 3-15)
Makes those inmates serving a sentence of less than 2 years ineligible for
Community Transition.
Makes those inmates residing outside the state ineligible for Community
Transition.
Requires DOC to send notice of inmate's eligibility for Community Transition to
EACH sentencing court, and all must agree before inmate can be assigned.
Upon request, Prosecutor may review information sent to court by DOC.
Upon assignment to Community Transition, inmate must agree in writing to rules
and conditions. Upon a finding of probable cause to believe a violation, the
Community Transition Program shall cause the inmate to be immediately
returned to DOC.
Unless indigent, an inmate in the Community Transition Program is responsible
for medical expenses.
(1999 statutes created the DOC Community Transition Program essentially to
reduce the inmate population in Indiana prisons through early release back to
supervised probation or to a community corrections program in the sentencing
county. Class D Felons are released 30 days early, and Class C Felons are released
90 days early, unless the sentencing court objects. Class A and Class B Felons are
released 120 days early, but only if the Court makes a specific finding that it is in the
best interests of justice to do so. Written findings are required, but no hearing is
necessary. The DOC is required to send notice to the Court and the Prosecutor
45-60 days before the inmate becomes eligible for Community Transition.)
SHERIFF COMMISSARY FUNDS
IC 36-8-10-21 (P.L. 80, Sec. 1)
Reduces the discretion of Sheriff in use of Commissary Funds without approval
of County Council. Removes the provision allowing the Sheriff to spend "for any
purpose that benefits Sheriff's Department," and is replaced by broad but more
specific purposes.
TRAFFIC
APPROACHING TOW TRUCK; PENALTIES
IC 9-21-8-35 (P.L. 39, Sec. 7)
IC 9-21-8-54 (P.L. 39, Sec. 8)
Amends statute relating to traffic approaching emergency vehicles to include
"stationary recovery vehicles" and "stationary highway maintenance vehicles,"
requiring the approaching driver to proceed with caution, reduce speed, and
change lanes away from vehicle, if it can be done safely.
Class A Infraction (Up to $5,000) for violation.
If property damage of at least $250 results, mandatory license suspension of 90
days to 1 year. If bodily injury results, mandatory license suspension of 180 days
to 2 years. If death results, mandatory license suspension of 2 years.
SPEEDING IN SCHOOL ZONE
IC 9-21-5-13 (P.L. 42, Sec. 1)
Increases the penalty for speeding in a school zone from a Class C Infraction (up
to $500) to a Class B Infraction (up to $1,000)
OPERATING A VEHICLE WHILE INTOXICATED
IC 9-30-5 (P.L. 1) (Effective Upon Passage)
Amends various statutes relating to Operating a Vehicle While Intoxicated.
Eliminates the percentage language and references to "by weight" or BAC.
Now reads: "A person who operates a vehicle with an alcohol concentration
equivalent to at least ten-hundredths (0.10) gram of alcohol . . . per 210 liters of
the person's breath."
DRIVING WHILE SUSPENDED
IC 9-24-19 (P.L. 32, Sec. 1)
IC 9-24-18-5 (P.L. 32, Sec. 27)
Former DUS statutes under IC 9-24-18-5 are repealed and recodified under IC
9-24-19, with duplicated language eliminated and made clearer, hopefully.
Class A Infraction for driving while suspended. (E.g. suspended for FTA on traffic
ticket, or before conviction on OWI)
Class A Misdemeanor for 2nd Infraction offense within 10 years.
Class A Misdemeanor if suspended as a result of a conviction for a crime,
enhanced to a Class D Felony if it results in bodily injury, and a Class C Felony
if it results in death.
A criminal conviction under this chapter also mandates an additional license
suspension of 90 days to 2 years.
Service of notice of the suspension by mail to the last known address by the
BMV creates a rebuttable presumption of knowledge by the defendant of the
suspension.
JUVENILE COURT OWI
IC 31-37-5-7 (P.L. 32, Sec. 20)
IC 31-37-19-17.3 (P.L. 32, Sec. 22)
Generally makes rules and procedures for OWI in adult court applicable in
Juvenile Court proceedings, including pre-adjudication suspension of driving
privileges.
RECREATIONAL VEHICLES
IC 9-20-3 (P.L. 79, 1-2)
Extends maximum allowable length for recreational vehicles from 40 to 45 feet.
Extends maximum allowable width for recreational vehicles (8 feet 6 inches), to
allow for "appurtenances" that do not extend beyond manufacturer installed rear
view mirrors.
WATERCRAFT IDLE SPEED
IC 14-8-2-129 (P.L. 38, Sec.1)
IC 14-15-3-17 (P.L. 38, Sec. 3)
Changes definition of "idle speed" from 10 MPH to "slowest possible speed that
maintains steerage, not greater than 5 MPH. (Applicable to requirement that
watercraft operated within 200 feet of shore on lake, must be operated at idle
speed to reduce wake)
ALCOHOL AND TOBACCO
SERVING INTOXICATED PERSON
IC 7.1-3-18 (P.L. 125, Sec. 1-3)
IC 7.1-3-23-7 (P.L. 125, Sec. 4); IC 7.1-5-10-15
Allows for ABC to suspend the permit of a person charged with serving an
intoxicated person under IC 7.1-5-10-15(a) until disposition of charges.
Requires Prosecuting Attorney to notify ABC of person charged.
Requires ABC to revoke the permit of an employee or bartender convicted of
serving an intoxicated person under IC 7.1-5-10-15(a).
TOBACCO SETTLEMENT
IC 4-12 (P.L. 21); IC 24-3 (P.L. 21)
Creates various criminal offenses relating to the improper sale and distribution
of tobacco products as part of the Settlement Agreement with tobacco
companies.
Gives Department of Revenue or law enforcement officers the power to enforce.
Gives Attorney General or Prosecutors the power to prosecute.
MISCELLANEOUS
VENUE
IC 34-28-5-1 (P.L. 98, Sec. 12)
IC 35-32-2-1 (P.L. 98, Sec.16)
Amends statute to allow the Prosecuting Attorney of either county who share a
common boundary to prosecute an INFRACTION OFFENSE that takes place on
a public highway which runs along that common boundary.
Amends statute to allow the Prosecuting Attorney of either county who share a
common boundary to prosecute a CRIME committed on a public highway which
runs along that common boundary.
HATE CRIMES / BIAS CRIMES
IC 5-2-5-1 (P.L. 24, Sec. 1)
IC 5-2-5-14.3 (P.L. 24, Sec. 2)
Creates new statute requiring all law enforcement agencies to collect information
on "bias crimes" and report such information twice a year to the state central
repository for criminal history information.
Defines "bias crime" as a crime committed because of the "color, creed,
disability, national origin, race, religion, or sexual orientation" of the victim, or
because the victim was associated with a group.
Does NOT create a new crime or aggravating circumstance.
VICTIM COMPENSATION
IC 5-2-6.1-35 (P.L. 55, Sec. 1)
Increases the maximum award available from the crime victim's compensation
fund per victim from $10,000 to $15,000.
ATHLETIC TRAINERS
IC 25-5.1-4-2 (P.L. 87, Sec. 1)
Increases the penalty from a Class C Infraction ($500) to a Class B
Misdemeanor for violation of chapter requiring athletic trainers to be licensed
and certified by the state.
* This is a summary and should not be relied upon. Please refer
to text of statute. All statutes are effective July 1, 2000 unless otherwise indicated.
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