HB 1159 Indiana House · 2020 Regular Session

Juvenile expungements and firearms matters.

Summary
Requires a juvenile court to transmit certain findings to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) upon a finding of delinquency for an act that would be a serious violent felony if committed by an adult. Allows a court to consider the following factors when evaluating a petition to expunge certain juvenile adjudications: (1) Whether a person has been charged with or convicted of murder or another felony offense as an adult. (2) Whether a person has ever been waived to adult court for an offense. (3) Whether a person has ever received a nonsuspendable sentence as a juvenile. (4) Whether the person has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult. (5) Whether the person: (A) is currently suffering from a mental health issue; (B) has an ongoing or chronic mental health issue; (C) has received or is receiving treatment for a mental health issue; or (D) is complying with a treatment regimen recommended by a mental health professional, if applicable. Prohibits a court from expunging certain records in the absence of a petition requesting the expungement. Requires a court to transmit certain court orders to the office of judicial administration when granting a petition requesting the expungement of certain juvenile records. Provides that a person who: (1) has been adjudicated a delinquent child for the commission of an act while armed with a firearm that would be a serious violent felony if committed by an adult; (2) has not had the juvenile adjudication expunged; and (3) knowingly or intentionally possesses a firearm; commits unlawful possession of a firearm by a dangerous person, a Class A misdemeanor. Specifies that the offense is enhanced to a Level 4 felony if the person has a prior unrelated conviction for the offense. Provides that a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult is not a proper person for the purpose of receiving a license to carry a handgun. Beginning January 1, 2021: (1) requires the office of judicial administration to collect, monitor, and publish certain statistics related to the confiscation and retention of firearms taken from dangerous individuals; and (2) requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Allows the office of judicial administration to provide certain information to a law enforcement agency for the purposes of handgun licenses. Provides that a person who makes a false report that another person is dangerous, for purposes of seizure and retention of firearms proceedings, knowing the report or information to be false, commits false informing, a Class B misdemeanor. Defines certain terms. Makes conforming amendments.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2020
Committee Review
Floor Vote
Governor
Introduced Jan 8, 2020 Last action Jan 27, 2020
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
5
Key actions
1
Committee
1
Jan 23, 2020
Lower · Passed
Committee report: amend do pass, adopted
lower
1 primary · 2 co-sponsors

Sponsors