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New Legislation 1998
SEX OFFENDER REGISTRY
SEXUALLY VIOLENT PREDATOR
IC 5-2-12-4.5 (P.L. 56, § 7)
Defines "sexually violent predator" as one who suffers from a
mental abnormality or personality disorder making them likely
to repeatedly engage in felony sex offenses.
IC 35-38-1-7.5 (P.L. 56, § 17)
Requires Court at sentencing of felony sex offender to determine
whether defendant is a "sexually violent predator" after appointment
of 2 board certified psychologists.
IC 5-2-12 (P.L. 56, § 6-16)
Expands Sex Offender Registry to include those convicted of Kidnapping
and Confinement of a victim less than 18 years of age.
Requires a local law enforcement agency to send a mailing at
least once a year to verify the offender's address following his
release from prison, or when placed on probation or parole. Requires
a verification mailing at least every 90 days for sexually violent
predators.
Extends registration requirement for sexually violent predators
indefinitely beyond the 10- year period, unless a Court finds
he is no longer a sexually violent predator.
Prohibits an offender who is required to register from seeking
a change of name. If name is changed due to marriage, offender
must notify ICJI within 30 days.
Requires Department of Correction to send to the State Police,
within 3 days of the release of an inmate required to register,
complete mental and criminal history and other identifying data.
Requires local law enforcement agency to notify ICJI whenever
an offender registers.
IC 35-42-4-7 (P.L. 71, § 5)
Amends Child Seduction (Class D Felony) statute to include "child
care worker."
DATE RAPE / "KNOCKOUT" DRUGS
IC 35-48-2-6 (P.L. 31, § 9)
Adds Gamma Hydroxybutyrate to the list of Schedule II Controlled
Substances.
IC 35-48-2-6 (P.L. 31, § 9)
Adds Ketamine to the list of Schedule III Controlled Substances.
IC 35-42-4-1 (P.L. 31, § 3)
Increases the penalty for Rape from a Class B Felony to a Class
A Felony if it is facilitated by furnishing the victim a drug
or controlled substance without the victim's knowledge.
IC 35-42-4-2 (P.L. 31, § 4)
Increases the penalty for Criminal Deviate Conduct from a Class
B Felony to a Class A Felony if it is facilitated by furnishing
the victim a drug or controlled substance without the victim's
knowledge.
IC 35-42-4-3 (P.L. 31, § 5)
Increases the penalty for Child Molesting (intercourse with child
under 14) from a Class B Felony to a Class A Felony if it is facilitated
by furnishing the victim a drug or controlled substance without
the victim's knowledge.
Increases the penalty for Child Molesting (fondling or touching
of child under 14) from a Class C Felony to a Class A Felony if
it is facilitated by furnishing the victim a drug or controlled
substance without the victim's knowledge.
IC 35-42-4-5 (P.L. 31, § 6)
Increases the penalty for Vicarious Sexual Gratification (fondling
or touching) from a Class D Felony to a Class B Felony if it is
facilitated by furnishing the victim a drug or controlled substance
without the victim's knowledge.
Increases the penalty for Vicarious Sexual Gratification (intercourse
or animals) from a Class C Felony to a Class A Felony if it is
facilitated by furnishing the victim a drug or controlled substance
without the victim's knowledge.
IC 35-42-4-8 (P.L. 31,§ 7)
Increases the penalty for Sexual Battery from a Class D Felony
to a Class C Felony if it is facilitated by furnishing the victim
a drug or controlled substance without the victim's knowledge.
IC 35-42-4-9 (P.L. 31, § 9)
Increases the penalty for Sexual Misconduct With a Minor (intercourse
with 14 or 15 year old) from a Class C Felony to a Class A Felony
if it is facilitated by furnishing the victim a drug or controlled
substance without the victim's knowledge.
Increases the penalty for Sexual Misconduct With a Minor (fondling
or touching with 14 or 15 year old) from a Class D Felony to a
Class B Felony if it is facilitated by furnishing the victim a
drug or controlled substance without the victim's knowledge.
IC 35-38-1-7.1 (P.L. 31, § 1)
Adds to the list of Aggravating Circumstances that a court may
consider as favoring consecutive or enhanced terms of imprisonment
- that the victim of the crime was administered a sedative or
hypnotic drug.
POLICE / CORRECTIONS
IC 35-44-3-3 (P.L. 13, § 1)
Increases the penalty for Resisting Law Enforcement from a Class
A Misdemeanor to a Class D Felony where the person uses a vehicle
to flee from a law enforcement officer after the officer has,
by visual or audible means, identified himself and ordered the
person to stop. (no longer necessary to show that the vehicle
is operated in a manner causing a substantial risk of bodily injury
to another)
IC 35-44-3-5 (P.L. 17, § 2)
Amends Escape (Class D Felony) statute to specifically include
violation of a home detention order by removal of an electronic
monitoring device.
IC 34-28-2-1.5 (P.L. 18, § 3)
Prohibits a Department of Corrections inmate from seeking a change
of name.
IC 10-1-9-10 (P.L. 108, § 1)
Requires those convicted after June 30, 1996 of a crime against
the person (IC 35-42), Burglary, or Child Solicitation, to provide
a DNA sample to the Indiana Department of Correction. (also includes
those convicted before July 1, 1996 if held in jail or prison
after that date)
IC 5-10-10-6 (P.L. 49, § 1)
Increases the survivor benefits from $75,000 to $150,000 when
a public safety officer dies in the line of duty.
IC 36-8-6-9.8 (P.L. 49, § 2)
Increases the funeral benefits from $6,000 to $9,000 for an active
or retired member of the police department who has died from any
cause. (Beginning January 1,1999)
IC 10-1-1-4 (P.L. 62, § 2)
Allows an Indiana State Police officer to run for and serve in
a part-time local elected office. Requires the officer to resign
in order to serve in any other elected office.
TRAFFIC / SEAT BELTS
IC 9-19-10-3 (P.L. 57, § 2) (P.L. 116, § 2)
Amends the "seatbelt statute" to allow for authorities to stop,
inspect, and detain a person to determine compliance with seatbelt
requirements. (1 of only 13 states to allow)
IC 9-19-10-2.5 (P.L. 57, § 1) (P.L. 116, § 1)
CREATES A NEW CLASS D INFRACTION ($25) for a person to operate
a passenger motor vehicle equipped with a safety belt in which
there is a child between 4-11 years old and is not restrained
by a safety belt or a child restraint system.
IC 9-19-10-8 (P.L. 57, § 3) (P.L. 116, §3)
Amends statute requiring front passengers to wear seatbelts, making
it a Class D Infraction ($25) only if the person is at least 16
years old.
IC 9-19-11-2 & IC 9-19-11-3 (P.L. 57, § 4-5) (P.L. 116,
§ 4-5)
Amends statutes to reduce penalty from a Class C Infraction ($500)
to a Class D Infraction ($25) where a child less than four years
old is not restrained by a child passenger restraint system. Allows
for exception where child will not fit in a child restraint system,
and if so, the child must be restrained by a safety belt.
IC 9-24-11-3 (P.L. 57, § 6) Effective January 1, 1999
Amends the probationary license statute to include the following
restrictions on drivers under 18 years of age:
(1) Except when accompanied by a parent, an adult specified by
the parent, or going to and from work, school or religious events,
the individual may not operate a motor vehicle after 11 p.m.,
except on Friday and Saturday nights until 1 a.m.
2) During the 90 days following the issuance of the probationary
license, the individual may not operate a motor vehicle in which
there are passengers unless another individual who is at least
21 years old and holds a valid license is in the front seat of
the vehicle.
(3) Each and every occupant of the vehicle must have a safety
belt properly fastened about their body at all times. (Penalty
Class C Infraction $500 under IC 9-24-11-8) Allows a probationary
licensee to receive an Operator's License at age 18 unless he
has 2 moving traffic offenses or accidents over $750.
IC 9-21-16-7 (P.L. 60, § 1)
Amends statute requiring vehicle to be parked within 12" of the
curb, to allow for a motorcycle with the rear wheel to the curb
and the front tire facing the flow of traffic.
HIV / AIDS
IC 35-38-1-10.7 (P.L. 71, § 4)
Allows the Court, before conviction, to order the Defendant to
undergo a screening test for HIV upon a written request by the
victim and a finding of probable cause that the victim was exposed
to HIV by a sex offense committed by the Defendant.
Victim's request is filed by the Prosecutor and sealed; hearing
by affidavit only. Results of screening are confidential; unlawful
disclosure is Class B Misdemeanor.
IC 35-42-1-9 (P.L. 31, § 2)
CREATES A NEW CRIME, generally making it a Class B Misdemeanor
for carriers of dangerous communicable diseases (Aids, HIV, Hepatitis
B) to recklessly fail to warn persons at risk (sexual or needle
sharing partners). Enhanced to a Class D Felony for a knowing
or intentional failure to warn.
IMMUNITY
IC 34-29-2-1 (P.L. 1, § 25)
Provides for Immunity from civil arrest (infractions) to the following
individuals:
(1) All officers of the General Assembly during their attendance
at the General Assembly and during the time they are going to
and returning from the place of meeting.
(2) All voters during attendance at, going to, and returning from
elections.
(3) Members of the Board of County Commissioners during the session
of their board, and while going to and from the session.
(4) Justices, while engaged in hearing or determining any trial.
(5) All persons in necessary attendance at a court and in going
to and from the court.
(6) The Governor, Treasurer of State, Secretary of State, Auditor
of State and Supt. Of Public Instruction.
(7) All persons while actively engaged in the discharge of military
duty.
IC 34-29-2-2 (P.L. 1, § 25)
Provides that a person shall not be arrested (civil or criminal)
in any place of worship during service, except in cases of emergency.
COURTS / SENTENCING
IC 35-34-2-2 (P.L. 4, § 12)
Requires that an alternate juror must be chosen when a Grand Jury
is impaneled.
IC 35-36-6-11 (P.L. 1, § 61)
Statutory authorization for the accepted practice of choosing
jurors from another county in high profile cases as an alternative
to change of venue.
IC 35-38-1-7.1 (P.L. 51, § 4)
Adds to the list of Aggravating Circumstances that a court may
consider as favoring consecutive or enhanced terms of imprisonment
- that the injury to the victim was the result of "shaken baby
syndrome" as defined in IC 14-41-40-2.
IC 35-38-1-7.1 (P.L. 31, § 1)
Adds to the list of Aggravating Circumstances that a court may
consider as favoring consecutive or enhanced terms of imprisonment
- that the victim of the crime was administered a sedative or
hypnotic drug.
IC 35-38-1-7.5 (P.L. 56, § 17)
Requires Court at sentencing of felony sex offender to determine
whether defendant is a "sexually violent predator" after appointment
of 2 board certified psychologists.
Indiana Constitution, Article 7, § 4 (P.L. 132)
Removes language in Constitution requiring all criminal appeals
involving a life sentence or a term greater than 50 years be heard
directly by the Indiana Supreme Court. (In order for Constitutional
amendment to become effective, it must pass both houses of the
General Assembly at two consecutive sessions, then be ratified
by statewide voter referendum)
IC 35-33-8-3.2 (P.L. 107, § 2)
IC 35-33-8-5 (P.L. 107, § 3)
Allows a Court to set bail by requiring a defendant to deposit
10% or more of the amount of the bail in cash. Upon conviction,
a Court may order that the cash amount posted be used to pay fines,
costs, fees and restitution. Allows the Court to increase or revoke
bail when it is shown by clear and convincing evidence that the
defendant poses a risk to the physical safety of another person
or the community.
MISCELLANEOUS
IC 35-48-4-13 (P.L. 31, § 11)
Amends the Maintaining a Common Nuisance statute to make clear
that the building, structure, or vehicle need be used for controlled
substances only once. (No need to prove recurring violation)
IC 34-19-3 (P.L. 117, § 1)
Creates a new civil cause of action to abate a drug nuisance which
may be filed by the Prosecutor, a City or County attorney, or
by the property owner. Court may issue an injunction, order a
tenant evicted, order restitution, or grant any other appropriate
equitable relief.
IC 35-46-3-12 (P.L. 41, § 2)
Amends the Cruelty to an Animal statute to remove the requirement
that the torture, beating or mutilation result in serious injury
or death to the animal. The mere act of torture, beating or mutilation
is enough. Also increases the penalty to a Class D felony if the
person has a previous unrelated conviction.
IC 35-44-2-4 (P.L. 68, § 1)
Amends Ghost Employment (Class D Felony) statute to exclude activities
performed for the benefit of another government agency or for
a charity, as long as it is not to promote religion or elections,
and is authorized by supervisor in compliance with written policy.
IC 35-15-15 (P.L. 112, § 2)
CREATES A NEW CRIME OF MONEY LAUNDERING (CLASS D FELONY) - knowingly
or intentionally acquiring an interest in, possessing, or offering
to invest proceeds of criminal activity.
IC 35-50-2-4 (P.L. 123, § 1) IC 36-2-13-15 (P.L. 123,
§ 2-3)
Allows the Court at sentencing to enter an order for reimbursement
of jail costs up to $30 per day if Commissioners adopt an Ordinance.
Defendant must have ability to pay and must not be member of family
that makes less than 150% of federal income poverty level.
IC 23-7-8 (P.L. 48, § 1-6)
Requires professional fundraisers and solicitors to be registered,
increasing fee from $50 to $1000, and requires records and detailed
financial information on each fundraising campaign to be turned
over to Attorney General Consumer Protection. Requires professional
fundraiser or solicitor to disclose their full individual name
and, upon request, a telephone number to confirm. Increases penalty
for violation of chapter from Infraction to a Class B Misdemeanor.
IC 24-5-12-25 (P.L. 48, § 7)
CREATES A NEW CRIME as a Class B Misdemeanor for a professional
fundraiser or solicitor to knowingly or intentionally attempt
to block display of a telephone number or identity by caller ID.
Enhanced to a Class A Misdemeanor for subsequent offenses.
LEGISLATION FROM 1997 RELATING TO THE KILLING OF A FETUS (Vetoed
by Governor O'Bannon and overridden by the General Assembly on
January 22, 1998 - Applicable to crimes committed after June 30,
1997)
IC 35-4-1-25 (P.L. 261, § 1)
Amends definition of "serious bodily injury" to include "loss
of a fetus."
IC 35-42-1-1 (P.L. 261, § 3)
Amends Murder statute to include knowingly or intentionally killing
a fetus that has attained viability. (defined in IC 16-18-2-365
as a fetus that has the ability to live outside the womb)
IC 35-42-1-3 (P.L. 261, § 4)
Amends Voluntary Manslaughter (Class B Felony) statute to include
knowingly or intentionally and under sudden heat killing a fetus
that has attained viability. Class A Felony if committed by means
of a deadly weapon.
IC 35-42-1-4 (P.L. 261, § 5)
Amends Involuntary Manslaughter (Class C Felony) statute to include
killing a fetus that has attained viability, while committing
a battery.
IC 35-42-2-1.5 (P.L. 261, § 6)
Amends Aggravated Battery statute to include loss of a fetus as
one of the causes which constitutes the Class B Felony.
IC 35-50-2-9 (P.L. 261, § 7)
Adds a new Aggravating Circumstance justifying the imposition
of a death sentence where the victim was pregnant and the murder
resulted in the intentional killing of a fetus that has attained
viability.
* This is a summary and should not be relied upon. Please refer
to text of statute. All statutes are effective July 1, 1998 unless otherwise indicated.
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