1995 | 1996
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New Legislation 1996
CRIMES AGAINST PERSONS / DOMESTIC VIOLENCE
IC 35-42-2-1 (P.L. 31, § 20)
Amends Battery statute to make it a Class D Felony where the battery
is related to family or domestic violence and results in bodily
injury, and the defendant was previously convicted of a battery
related to family or domestic violence.
IC 35-45-10-5 (P.L. 225)
Amends Stalking statute, increasing the penalty from a Class B
Misdemeanor to a Class D Felony; increases the penalty from a
Class A Misdemeanor to a Class C Felony where there is a threat
of sexual battery or serious bodily injury; increases the penalty
from a Class A Misdemeanor to a Class C Felony where a protective
order was previously issued to protect the same victim (does not
include protective orders issued as a condition of bail or probation);
allows the Court to enter judgment as a Class D Felony notwithstanding
the Class C Felony conviction.
IC 27-4-1-4 (P.L. 188, § 1) IC 27-8-24.3 (P.L. 188, §
2)
Prohibits an insurer from refusing to issue or renew a policy,
or adding a surcharge, or limiting coverage because the insured
has been, or has the potential to be, a victim of domestic abuse.
Designates such discrimination as "an unfair and deceptive act
and practice in the business of insurance."
CRIMES AGAINST PROPERTY
IC 35-45-13 (P.L. 216, § 23) IC 34-4-30.1-1 (P.L. 216,§
8) IC 34-4-30.1-4 (P.L. 216, § 9)
Creates a new crime of UNAUTHORIZED USE OF TELECOMMUNICATIONS
SERVICES, generally making it a Class A Misdemeanor to possess
or use any device capable of transmitting or receiving telephone,
electronic, or radio communications, including computers, if the
device is designed or adapted to acquire telecommunications services
without consent of the provider; increases the penalty to a Class
D Felony if at least 5 such devices are involved.
Allows for a civil cause of action to obtain injunctive relief,
recover compensatory and punitive damages, costs and attorney's
fees. Authorizes the seizure and forfeiture by the State of Unlawful
Telecommunicatioons Devices and other material.
IC 35-43-5-3 (P.L. 222, § 1)
Amends Deception statute, adding (11), making it a Class A Misdemeanor
to avoid payment for cable TV service by any device, or by tampering
with cable company equipment.
IC 35-43-5-6.5 (P.L. 222, § 2)
Creates a new crime, a Class D Felony, to offer for sale or lease
a device designed to intercept cable tv transmissions without
full payment.
IC 35-46-3-11.5 (P.L. 143, § 2)
Creates a new Class A Infraction to knowingly or intentionally
interfere with, strike, torment, or otherwise mistreat a service
animal engaged in assisting an impaired person.
IC 15-5-18 (P.L. 143, § 1)
Creates a rebuttable presumption that a dog is stolen, if the
person selling the dog to a laboratory cannot show a valid bill
of sale for the dog.
PROBATION
IC 35-50-7 (P.L. 216, § 26)
When a defendant is placed on probation, allows the Court to enter
an order prohibiting the defendant from entering the area where
the crime was committed; allows the Court to authorize the defendant
to return to the area to pick up personal belongings, and to provide
for supervision of the return by a law enforcement officer.
Creates a new crime of VIOLATION OF "STAY AWAY" ORDER, making
it a Class C Misdemeanor to knowingly or intentionally violate
such an order.
IC 35-33-1-1 (P.L. 216, § 10)
Allows a law enforcement officer to make an arrest based upon
probable cause for the new crime of Violation of a Stay Away Order
under IC 35-50-7-9, even if not committed in the officer's presence.
IC 35-38-2-3 (P.L. 216, § 15)
Amends probation revocation statute - When a Court enters an order
requiring a partially indigent defendant to pay part of the public
defender expenses, a failure to pay cannot be grounds for a revocation
of probation.
SEX CRIMES
IC 5-2-12 (P.L. 33)
Adds Sexual Battery (victim less than 18) to the list of crimes
for which a defendant convicted after June 30, 1994 is subject
to Sex Offender Registration.
Adds defendants convicted of a sex offense upon a child in another
state after June 30, 1994, who now reside in Indiana, to those
subject to Sex Offender Registration.
Adds juveniles over 14 years of age, adjudicated a delinquent
on account of a sex offense upon a child, to those subject to
Sex Offender Registration, as long as the court finds by clear
and convincing evidence that the child is likely to be a repeat
offender. (applies only to adjudications after June 30, 1996)
Increases the penalty from a Class A Misdemeanor to a Class D
Felony for Failure to Register with local law enforcement as a
sex offender. (applies only to crimes committed after June 30,
1996)
IC 31-6-11-25 (P.L. 108, 8)
Requires a person listed on the Child Abuse Registry to notify
the Dvision of Family and Children within 10 days after any legal
name change. Creates a new crime for an intentional violation
as a Class B Misdemeanor.
IC 35-42-4-3 (P.L. 33, 8)
(applies only to crimes committed after 6/30/96) Enhances the
penalty for Child Molesting (sexual intercourse / under 14 ) from
a Class B Felony to a Class A Felony if the defendant is at least
21 years old. (Does not enhance the penalty for Child Molesting
(fondling / under 14) - see P.L. 216, § 18 §
27).
IC 35-42-4-9 (P.L. 33, § 9) (P.L. 216, § 21 §
27)
(applies only to crimes committed after 6/30/96) Enhances the
penalty for Sexual Misconduct With a Minor (sexual intercourse
/ 14 or 15) from a Class C Felony to a Class B Felony if the defendant
is at least 21 years old.
Enhances the penalty for Sexual Misconduct With a Minor (fondling
/ 14 or 15) from a Class D Felony to a Class C Felony if the defendant
is at least 21 years old.
IC 35-42-4-4 (P.L. 216, §19)
Enhances the penalty for Child Exploitation from a Class D Felony
to a Class C Felony if "committed by using a computer network
(as defined in IC 35-43-2-3(a)"
IC 35-42-4-6 (P.L. 216, § 20)
Enhances the penalty for Child Solicitation from a Class D Felony
to a Class C Felony if "committed by using a computer network
(as defined in IC 35-43-2-3(a)"
IC 33-19-6-12 (P.L. 117, § 2) IC 12-17-17 (P.L. 117,
§ 1) IC 33-19-7-1 (P.L. 117, § 3)
Establishes a County Child Advocacy Fund "for the purpose of assisting
the county in developing interdisciplinary responses to child
abuse and neglect situations."
The Fund is funded by Child Abuse Prevention Fees of $100 per
case which is required to be paid by defendants convicted of most
all crimes against the person where the victim is less than 18
years old.
The Clerk collects the fees and sends 50% to the State Auditor,
and 50% to the County Auditor. It is a nonreverting fund administered
by the Auditor. The County Council "shall" annually appropriate
from amounts allocated by the County Commissioners.
IC 35-45-2-2 (P.L. 216, § 22)
Amends Harassment statute to include communications made by using
a "computer network" or other form of "electronic communication."
WEAPONS / CORRECTIONS
IC 35-44-3-9.5 (P.L. 224)
Creates NEW crime UNLAWFUL POSSESSION OF A WEAPON WHILE INCARCERATED.
Jail or prison inmate who knowingly or intentionally possesses
anything that is intended to be used in a manner readily capable
of causing bodily injury commits a Class C Felony. It is a Class
B Felony if it is a deadly weapon. (Eliminates the need to prove
"delivery" into the penal facility under IC 35-44-3-9 - Trafficking
with an Inmate).
IC 35-44-3-9 (P.L. 223)
Increases the penalty for Trafficking with an Inmate from a Class
D Felony to a Class C Felony if the contraband is a controlled
substance.
WEAPONS / FIREARMS
IC 35-47-10 (P.L. 203, § 2-6) IC 35-50-2-2 (P.L. 203,
§ 8)
Amends chapter relating to Children and Handguns so that it applies
to all firearms, not merely handguns.
An offense under IC 35-47 (Children and Firearms) cannot be suspended
if committed knowingly or intentionally.
IC 35-50-2-11 (P.L. 203, § 9-10) (applies only to
offenses committed after 6/30/96)
IC 35-50-2-2 (P.L. 203, § 8)
IC 35-50-1-2 (P.L. 203, § 7)
Amends the assault weapon statute to strike all references
to that term, replacing it with "firearm."
When the defendant is convicted of any felony under IC 35-42
resulting in serious bodily injury, or Kidnapping, or Confinement
as a Class B Felony, the Court may impose an additional 5 year
fixed term of imprisonment if it finds that a firearm was knowingly
or intentionally used to commit the crime.
This additional term of imprisonment must be served consecutively
may not be suspended, but the Court apparently has discretion
on whether to impose the sentence at all.
The State must charge this separately, similar to Habitual Offenders.
It is unclear if the jury plays any role in this proceeding.
IC 35-42-2-2 (P.L. 216, § 17)
Amends the Criminal Recklessness statute to increase the penalty
to a Class C Felony if committed by shooting a firearm from a
vehicle into a place where people are likely to gather. (drive-by
shootings)
IC 35-47-5-13 (P.L. 227, § 1)
Creates a new crime of UNLAWFUL USE OF BODY ARMOR, making it a
Class D Felony to wear a bullet resistant material while committing
a felony.
DEATH PENALTY
IC 35-50-2-8 (P.L. 228, § 1)
Adds a new Aggravating Circumstance, justifying the imposition
of a Death Sentence, where the defendant "burned, mutilated, or
tortured the victim while the victim was alive."
IC 35-50-2-9 (P.L. 216, § 25)
Allows the Court to receive victim impact evidence following the
jury verdict.
IC 35-38-1-8.5 (P.L. 216, § 12) IC 35-38-1-9 (P.L. 216,
§ 13)
Amends probation statutes so that in death penalty cases, the
probation officer is required to notify and solicit statements
from victims, and include victim impact statements in the presentence
reports. These requirements are now the same as in all other cases.
CONTROLLED SUBSTANCES
IC 35-48-4-1 (P.L. 65, § 11)
Amends Dealing in Cocaine or Narcotic Drug statute, enhancing
penalty to a Class A Felony if delivered within 1000 feet of school
property, a public park, or A FAMILY HOUSING COMPLEX.
IC 35-48-4-2 (P.L. 65, § 12)
Amends Dealing in a Schedule I II or II Controlled Substance statute,
enhancing penalty to a Class A Felony if delivered within 1000
feet of school property, a public park, or A FAMILY HOUSING COMPLEX.
IC 35-48-4-3 (P.L. 65, § 13)
Amends Dealing in a Schedule IV Controlled Substance statute,
enhancing penalty to a Class B Felony if delivered within 1000
feet of school property, a public park, or A FAMILY HOUSING COMPLEX.
IC 35-48-4-4 (P.L. 65, § 14)
Amends Dealing in a Schedule V Controlled Substance statute, enhancing
penalty to a Class B Felony if delivered within 1000 feet of school
property, a public park, or A FAMILY HOUSING COMPLEX.
IC 35-48-4-6 (P.L. 65, § 15)
Amends Possession of Cocaine or Narcotic Drug statute, enhancing
penalty to a Class B Felony if less than 3 grams possessed on
a school bus, or within 1000 feet of school property, a public
park, or A FAMILY HOUSING COMPLEX; enhances penalty to a Class
A Felony if more than 3 grams possessed on a school bus, or within
1000 feet of school property, a public park, or A FAMILY HOUSING
COMPLEX.
IC 35-48-4-7 (P.L. 65, § 16)
Amends Possession of a Schedule I, II, III, or IV Controlled Substance
statute, enhancing penalty to a Class C Felony if possessed on
a school bus, or within 1000 feet of school property, a public
park, or A FAMILY HOUSING COMPLEX.
IC 35-48-4-10 (P.L. 65, § 17)
Amends Dealing in Marijuana statute, enhancing penalty to a Class
C Felony if delivered on a school bus, or within 1000 feet of
school property, a public park, or A FAMILY HOUSING COMPLEX.
IC 35-41-1-10.5 (P.L. 65, § 10) (P.L. 216, § 16)
Defines "Family Housing Complex" as a building(s) owned by the
government, containing at least 12 units, where children are likely
to be domiciled.
IC 6-7-3 (P.L. 65, § 1-8)
Amends statutes relating to the Controlled Substance Excise Tax
in an effort to remedy double jeopardy arguments of the Indiana
Supreme Court. Repeals the criminal penalty (Class D Felony) for
failure to pay the tax. Reduces the amount of the tax as follows:
Marijuana = $3.50 per gram / Schedule I, II, or III = $40 per
pill or dosage / Schedule IV = $20 per gram, pill, or dosage /
Schedule V = $10 per gram, pill, or dosage. Payment of the tax
is valid for 30 days. (Increased from 48 hours). Authorizes a
sentencing court, following conviction for a controlled substance
offense, to consider the failure to pay the required tax, and
may order the Department of Revenue to commence collection proceedings
as part of the sentencing order. Mandates that the Department
of Revenue may NOT commence collection proceedings unless notified
by the Prosecutor that no charges are intended to be filed, or
when ordered by a court as part of a sentencing order.
IC 35-46-1-8 (P.L. 216, § 24)
Increases the penalty for Contributing to the Delinquency of a
Minor from a Class A Misdemeanor to a Class C Felony, when the
juvenile is encouraged or aided to commit any crime of Dealing,
except marijuana.
TRAFFIC / OVWI
IC 9-26-1-8 (P.L. 96, § 2) (P.L. 97, § 2)
Increases the penalty for Leaving the Scene of an Accident Causing
Injury from a Class B Misdemeanor to a Class A Misdemeanor.
Adds a new section making it a Class D Felony if serious bodily
injury is caused, or if the defendant has a pror conviction within
5 years for Reckless Homicide or Manslaughter involving use of
a vehicle, Leaving the Scene Resulting in Injury, or OVWI resulting
in Death.
Adds a new section making it a Class C Felony if it involves
the death of a person.
IC 9-30-5-4 (P.L. 96, § 3) (P.L. 97, § 3)
Increases the penalty for OVWI / .10% Causing Serious Bodily Injury
from a Class D Felony to a Class C Felony if, "within the 5 years
preceeding the commission of the offense, the person had a prior
unrelated conviction under this chapter."
IC 9-30-5-5 (P.L. 96, § 4) (P.L. 97, § 4)
Increases the penalty for OVWI / .10% Causing Death from a Class
C Felony to a Class B Felony if, "within the 5 years preceding
the commission of the offense, the person had a prior unrelated
conviction under this chapter."
IC 9-30-5-8.5 (P.L. 96, § 5) IC 9-30-6-15 (P.L. 96, §
6)
Adds a new section making it a Class C Infraction for a person
under 21 years old to operate a vehicle with at least 0.02% by
weight of alcohol in the blood, and allows the court to suspend
driving privileges for up to 1 year.
IC 35-50-2-2 (P.L. 96, § 7)
Amends statute relating to suspension of sentences. When a defendant
is convicted of a felony offense under IC 9-30-5 (OVWI), and he
has accumulated at least 2 prior unrelated offenses under iC 9-30-5,
the Court may suspend only that part of the sentence that is in
excess of the minimum sentence.
IC 35-50-2-10 (P.L. 96, § 8) (P.L. 97, § 5)
Amends Habitual Substance Offender statute to make it clear to
the Indiana Supreme Court that it covers a 3rd OVWI conviction.
Substance Offense includes "an offense under IC 9-30-5 and an
offense under IC 9-11-2 (before its repeal July 1, 1991)."
IC 9-30-2-4, 5 (P.L. 99, § 1-3)
Amends statute relating to misdemeanor traffic arrests, which
requires that the defendant be taken "immediately" before a court.
If not "immediately" taken before a court, the statute requires
that an Indiana resident be released an issued a citation. This
amendment exempts OVWI arrests from this requirement.
JUVENILES
IC 31-6-2-1.1 (P.L. 2, § 279) (P.L. 65, § 9) (P.L.
203, § 1)
Gives Juvenile Court exclusive jurisdiction over misdemeanor traffic
offenses committed by a child less than 16 years of age.
Gives Juvenile Court exclusive jurisdiction over all OVWI offenses,
felony or misdemeanor, committed by a child less than 18 years
of age.
The Juvenile Code does NOT apply to ordinace violations or infractions,
except those relating to alcohol under IC 7.1-5-7.
The Juvenile Code does NOT apply to a child previously waived
to adult court.
Removes from Juvenile Court jurisdiction and authorizes direct
filing in adult court, all crimes of Dealing in a Controlled Substance,
except marijuana, committed by a child 16 years of age or older.
MISCELLANEOUS
IC 36-2-13-2.8 (P.L. 230, § 1)
Allows the county to pay the Sheriff a salary from the general
fund, eliminating benefits from "meal money, but retaining tax
collection fees under IC 6-8.1-8-3; Establishes a minimum annual
salary as a percentage of the Prosecutor's salary depending on
county population. (Clark County = 80%); Limits the pension benefits
of a Sheriff to the salary of a full-time Prosecutor at the time
of retirement.
IC 4-32 (P.L. 27, § 1-9)
Requires an organization to be exempt from taxation under §
501 of the Internal Revenue Code in order to obtain a charitable
gaming license. (No longer can the organization merely be exempt
from income tax or property tax) Requires a local public hearing
if the Department receives 10 protest letters relating to a new
application for a bingo license; Authorizes denial of a new bingo
license or a renewal if the applicant "has violated a local ordinance"
or "has engaged in fraud, deceit, or misrepresentation."
If a qualified organization receives 90% of its gross receipts
from licensed gaming events, it is required to pay 60% of its
gaming profits to an unrelated qualified organization.
Authorizes suspension of license or civil penalties against an
organization or individual for violation of statute or rule of
the Department; also authorizes injunctive relief against an individual
from associating with charity gaming.
(P.L. 12, § 1-16)
Replaces the words "state farm, "reformatory," boys' school,"
and "girls' school" from several statutes with "facility," and
provides for new names of prisons as follows:
| OLD |
NEW |
| Indiana Boys' School |
Plainfield Juvenile Correctional Facility |
| Indiana Girls' School |
Indianapolis Juvenile Correctional Facility |
| Indiana Youth Center |
Plainfield Correctional Facility |
| Indiana Reformatory |
Pendleton Correctional Facility |
| Indiana State Farm |
Putnamville Correctional Facility |
| Westville Correctional Center |
Westville Correctional Facility |
| Indiana State Prison |
Indiana State Prison (no change) |
| Indiana Women's Prison |
Indiana Women's Prison (no change) |
* This is a summary and should not be
relied upon. Please refer to text of statute. All statutes are effective July 1, 1996 unless otherwise indicated.
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