Criminal Justice

Requires a defendant to be present in the courtroom while a victim makes a statement concerning the crime and the sentence, unless the defendant presents a safety risk or causes a significant disruption. Provides that if a defendant fails to appear at sentencing and is later taken into custody, the court may hold a hearing to permit the victim to makes a statement concerning the crime and the sentence in the presence of the defendant.

This bill creates a standardized process to determine eligibility for advanced DNA testing in unsolved cold cases. It directly affects law enforcement agencies handling unresolved crimes and potentially individuals wrongfully convicted in long-pending cases. The key provision establishes clear criteria for when DNA evidence can be retested using modern technology, replacing inconsistent past practices. This changes how cold case investigations are conducted by requiring law enforcement to follow specific, defined steps to request testing.

Requires the department of correction to electronically notify, at least seven days in advance, the: (1) county sheriff; (2) prosecuting attorney; and (3) chief of police; of the county or municipality into which the department will release a serious violent felon, including a juvenile adjudicated for an act that would be a serious violent felony, and of the county or municipality where the serious violent felon or juvenile committed the offense. Requires the department of correction to notify a registered victim through the department's automated victim notification system. Requires: (1) a court; and (2) the prosecuting attorney or the prosecuting attorney's victim assistance program; to notify a victim of the automated victim assistance notification program, and provides that a victim has the right to be informed, upon request, about the progress of the criminal case involving the victim. Requires that, before hiring a person as a law enforcement officer, a law enforcement hiring department or agency shall request from prior law enforcement employers all documents relating to disciplinary action or internal investigations that involve the person. (Under current law, a hiring agency must request all findings and orders).

Specifies that county residency requirements do not apply to: (1) public defenders (except for the chief public defender); (2) employees of a public defender office; (3) judicial officers; or (4) court personnel.

Provides that a person who knowingly or intentionally violates a specified provision by commingling the funds of a committee with the personal funds of an officer, a member, or an associate of the committee commits a Class A misdemeanor. Enhances the penalty to a Level 6 felony if a person commingles at least $50,000 of committee funds.

Defines "THC" for purposes of Indiana alcohol and tobacco law. Expands certain crimes concerning alcohol and tobacco, including crimes regarding possession by minors and sales to minors, to include products containing THC. Provides that a violation of the hemp derived cannabinoid products chapter is a deceptive act. Provides that the offense of aiding unlawful possession includes unlawful possession of a product containing THC. Provides that the alcohol and tobacco commission (commission) shall conduct random inspections of locations where products containing THC are sold. Allows law enforcement officers to engage minors who are at least 16 years of age to purchase THC products as part of a law enforcement action. Enacts provisions regulating the manufacture, distribution, sale, and transportation of hemp derived cannabinoid products (hemp derived cannabinoid products law). Requires the commission to enforce and administer the hemp derived cannabinoid products law. Provides for issuance of: (1) manufacturer permits; (2) distributor permits; (3) retail permits; and (4) carrier permits; for hemp derived cannabinoid products. Prohibits the sale of hemp derived cannabinoid products online or by delivery. Provides that a person issued a manufacturer permit may manufacture hemp derived cannabinoid products only in Indiana. Imposes packaging and labeling requirements for hemp derived cannabinoid products. Requires testing of hemp derived cannabinoid products and provides that the commission may spot test hemp derived cannabinoid products for compliance with the hemp derived cannabinoid products law. Specifies circumstances under which a hemp derived cannabinoid product shall be treated as if it is marijuana. Creates the hemp derived cannabinoid products fund and specifies purposes for which money in the fund shall be used. Imposes restrictions on advertising of hemp derived cannabinoid products. Imposes criminal penalties for violations of the hemp derived cannabinoid products law, and provides that a violation of the hemp derived cannabinoid products law is a deceptive act for purposes of Indiana law regarding deceptive consumer sales. Provides that for purposes of Indiana motor vehicle law: (1) "intoxicated" includes being under the influence of tetrahydrocannabinol; and (2) "schedule I drug" includes marijuana, hemp, and tetrahydrocannabinol. Provides that the state seed commissioner (commissioner) may issue hemp grower's licenses and hemp handler's licenses, and specifies licensure requirements and duties of licensees. Provides that the commissioner: (1) shall share information with the state police department regarding the commissioner's licensure of hemp growers and handlers; and (2) shall report specified information to the United States Secretary of Agriculture. Provides that Indiana's hemp growing programs may not operate above federal restrictions or limitations. Repeals chapters regarding: (1) distribution of low THC hemp extract; and (2) sale of low THC hemp extract. Provides that a retail establishment in which tobacco products and products containing THC (rather than tobacco products alone, under current law) account for 85% of the establishment's gross sales may not allow an individual under 21 years of age to enter the establishment. Adds federal definitions of certain hemp terms to the Indiana criminal code. Modifies definitions of "marijuana" and "smokable hemp" for purposes of the Indiana criminal code. Removes references to "delta-9-tetrahydrocannabinol" and "low THC hemp extract" in certain crimes. Provides that nothing in Indiana: (1) alcohol and tobacco law; or (2) agriculture law; may be construed under the "inclusio unius, exclusio alterius" canon of construction as legalizing marijuana. Specifies situations in which a product shall be treated as if it is marijuana. Makes an appropriation.

Provides that an offense other than murder or treason is not bailable if: (1) the proof is evident or the presumption strong; and (2) the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community. This proposed amendment has been agreed to by one general assembly.

Provides that if a person has one prior OWI conviction, the court shall order that the person be imprisoned for at least 10 days or perform community service, and if a person has two prior OWI convictions, the court shall order that the person be imprisoned for at least 20 days or perform community service. Provides that a person receives good time credit while serving a sentence imposed under this statute (under current law, a person does not receive good time credit).Provides that this statute does not increase the maximum sentence for the offense as provided by either IC 35-50-2 or IC 35-50-3. Specifies that "vehicle", for purposes of the crime of operating while intoxicated, includes a watercraft, and repeals the separate crime of operating a motorboat while intoxicated. Provides that an initial hearing may be waived and allows a person to apply for a specialized driving privilege after an initial hearing. Adds operating while intoxicated due to use of a controlled substance to the habitual traffic violator statute. Authorizes the use of a roadside chemical test under certain circumstances. Specifies that ignition interlock devices may only be used when the underlying offense is operating while intoxicated resulting from the use of alcohol. Makes certain provisions concerning pretrial administrative suspension of driving privileges discretionary with the court.Provides that the budget director shall review and determine before December 31, 2026, whether federal highway administration funding to the state will or will not be reduced due to the amendment of provisions concerning administrative suspension of driving privileges. Requires the budget director to notify the budget committee of the determination and those provisions may not be implemented until after budget committee review. Makes conforming amendments.