Criminal Justice

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.

Specifies the sex offender reporting requirements for persons who are sex offenders or required to register in other jurisdictions. Adds "high risk missing person" to the definition of "missing child". Specifies that the silver alert program applies to missing children. Removes provisions concerning possession of child sex abuse material (CSAM) from the statute containing the offense of child exploitation, and makes a new section for CSAM offenses. Creates a new crime for distribution of CSAM, and generally conforms the sentencing enhancements for possession of CSAM, distribution of CSAM, and child exploitation. Specifies that certain restrictions on CSAM in discovery also apply in civil proceedings (under current law, they only apply in criminal proceedings). Provides a defense in specified circumstances. Removes certain duplicative provisions and makes conforming amendments and technical corrections.

HB 1191 decriminalizes the possession of two ounces or less of marijuana by removing criminal penalties for this offense. Instead of facing jail time or criminal charges, individuals caught with this amount would likely receive a civil fine. The bill directly affects people in the state who possess small quantities of marijuana for personal use. It focuses solely on possession, not cultivation, sale, or use in public spaces.

Removes language concerning an affidavit from provisions concerning probable cause for battery and domestic battery. Requires a law enforcement officer to provide a victim who requests a protection order with the required forms and appropriate assistance in completing and filing the forms.

Provides that any type of law enforcement civilian oversight board or commission or any other entity established by a county, municipality, or township to provide civilian oversight over a law enforcement agency, excluding merit boards and commissions, may operate only in an advisory capacity to the applicable law enforcement agency and does not have binding authority over the law enforcement agency.

Defines "aggravated child molesting". Provides that the state may seek either a death sentence or a sentence of life imprisonment without parole for a person convicted of aggravated child molesting. Provides requirements for a jury or court to impose either a death sentence or a sentence of life imprisonment without parole. Makes conforming changes.

Provides that the law enforcement training board (board) shall select an executive director to serve at the pleasure of the board. Authorizes the waiver of certain training requirements for law enforcement officers with experience in other states. Provides that a person confined to a county jail may be required to make a copayment in an amount of not more than $30 (current law is $15). Provides that a person confined to a county jail is not required to make a certain copayment if, among other things, the person does not have funds in the person's commissary account or trust account within 180 days after the service is provided (current law is 60 days). Requires certain water vessels to include an engine cut-off switch. Provides that a sailing vessel at least seven meters in length must comply with federal regulations. Makes changes to the employment eligibility requirements for employees of the Indiana department of veterans' affairs (department). Makes changes to the purpose of the military family relief fund (fund). Provides that the department shall report to the Indiana veterans' affairs commission (commission), at least quarterly, as to the status of all applications regarding assistance from the fund during the previous quarter. Adds provisions indicating who is eligible for a grant from the fund. Provides that the department shall make a comprehensive assessment of an applicant's financial condition and needs when making a determination regarding an award from the fund. Provides that an applicant may not be eligible for assistance from the fund if the applicant's federal gross income, or the combined federal gross income of the applicant and the applicant's spouse, exceeds two times the poverty guideline unless the commission approves an income waiver. Provides that an applicant must establish that the applicant has incurred a genuine hardship to be eligible to receive assistance from the fund. Provides that the department or commission may impose stipulations or conditions concerning an applicant seeking an award from the fund. Makes changes to the subject matter that must be included in administrative rules established by the commission. Makes certain changes relating to the review of grants from the fund to employees of the department. Provides that an applicant may appeal a denied request for short term financial assistance from the fund. Authorizes the adjutant general of the Indiana National Guard (adjutant general) to establish a military police force of the Indiana National Guard. Provides that a member of the military police force of the Indiana National Guard has police powers: (1) when the member is called to state active duty; and (2) if the individual successfully completes either army or air military police occupational training and receives qualifying instruction on Indiana law enforcement prescribed by the adjutant general. Requires the military police force of the Indiana National Guard, upon authorization, to respond in accordance with the National Incident Management System and in coordination with the Indiana state police. Makes changes to the authorized duties and responsibilities of the adjutant general in which the state armory board (board) may make contributions. Provides that the board may utilize any and all appropriate methods to lease or purchase real estate. Provides that an armory may not be erected on land that is leased for less than 25 years. (Current law provides that an armory may not be erected on land that is leased for less than 50 years.) Provides that the board may adopt policies or procedures for the use and governance of armories. (Current law authorizes the board to adopt rules for the use and governance of armories.) Specifies the types of donated property that the board may reconvey if the board determines that the property is no longer usable. Provides that if the board receives from the adjutant general information of the disbandment of the organization of the armed forces of Indiana occupying and using an armory, the board shall take charge of the armory. Makes various changes to provisions relating to the sale of property owned by the board. Establishes the Indiana civilian cyber corps program (program) as a subdivision of the Indiana guard reserve. Provides that the program includes civilian volunteers who have expertise in addressing cybersecurity incidents and who volunteer at the invitation of the adjutant general. Provides that the work product of a civilian cyber corps volunteer or adviser, including any information voluntarily submitted to the volunteer or adviser, is exempt from disclosure. Provides that a civilian cyber corps volunteer or adviser is immune from tort liability for an injury to a person or damage to property that occurs while the volunteer or adviser is deployed and acting on behalf of the adjutant general if certain conditions are met. Provides that the adjutant general may appoint additional general officers. (Current law authorizes the appointment of assistant adjutants general.) Changes the definitions of "veteran" for purposes of provisions relating to: (1) the governor's commission on supplier diversity; (2) the state civil service system; and (3) authorizing preference points for the appointment of veterans. Removes a requirement that the National Guard tuition supplement grant must be used within eight years after the date the individual first applies and becomes eligible for benefits. Repeals: (1) the Indiana cyber civilian corps program advisory board; (2) a provision relating to contracts to use Stout Field as a commercial runway; (3) a definition of "qualified service member"; (4) a provision requiring a muffler or underwater exhaust for a boat; and (5) a provision prohibiting the use of a boat motor equipped with a muffler cutout or bypass. Makes it a Class B misdemeanor for a person to knowingly or intentionally possess an imitation firearm: (1) in or on school property; or (2) on a school bus. Makes technical corrections and conforming amendments.

Repeals provisions concerning the: (1) confiscation and retention of firearms from a dangerous person; (2) compilation and publication of statistics related to the confiscation and retention of firearms from a dangerous person; and (3) making of a false report that a person is dangerous. Modifies a provision concerning a petition to find that an individual is no longer dangerous.

HB 1249 changes juvenile court jurisdiction by adding "unlawful carrying of a handgun charged as a felony" to the list of offenses where juvenile courts cannot handle cases. This means juveniles facing felony handgun charges would be processed in adult court instead of juvenile court. The bill directly affects young people under 18 charged with this specific weapon-related offense. It modifies existing law by expanding the category of serious crimes excluded from juvenile court jurisdiction, requiring such cases to move to adult criminal court proceedings. The bill passed the House unanimously (74-18) and is now before the Senate Committee on Corrections and Criminal Law.

Makes a person who commits an offense that results in serious bodily injury or death to a law enforcement officer a sex or violent offender. Prohibits a court from considering time spent by the defendant in pretrial detention or home detention or on work release when determining the sentence for a crime that resulted in serious bodily injury or death to a law enforcement officer. Makes it a sentencing aggravator if an offense results in serious bodily injury or death to a law enforcement officer. Provides that a person charged with an offense that resulted in serious bodily injury or death to a law enforcement officer may only be released on cash bail.