Criminal Justice

Provides that an offender against children who: (1) is required to register as a sex offender for life; and (2) knowingly or intentionally resides within 500 feet of certain areas owned, maintained, and governed by a homeowners association or property owners association; commits a sex offender residency offense, a Level 6 felony. Establishes the crime of interference with law enforcement, a Class B misdemeanor.

Provides (with certain exceptions) that a person who knowingly or intentionally manufactures, sells, offers to sell, possesses, operates, or uses a motor vehicle key programming device commits unlawful use of a motor vehicle key programming device, a Class A misdemeanor.

Defines "digital sexual image" as a digital, computer generated image or video that is created or modified to depict: (1) sexual intercourse; (2) other sexual conduct; or (3) exhibition of certain body parts; of a quality, characteristic, or condition, such that it appears to depict an individual. Establishes the offenses of possession of a digital sexual image and distribution of a digital sexual image.

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 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.

Provides that a person who commits a criminal offense commits a separate offense for each victim of the offense. Requires the department of correction to weekly transport sentenced offenders from the Marion County adult detention center to the appropriate correctional facility. Removes a provision allowing an automatic change of judge when a judge rejects a plea agreement in a misdemeanor case. Allows the state to appeal a sentence in a criminal case. Makes sentences nonsuspendible for: (1) crimes of violence; and (2) persons charged with a felony who have a prior felony conviction. Provides that an inmate may earn not more than six months of educational credit for participating in an individualized case management plan. Increases the penalty for invasion of privacy if the crime is committed by a person against whom domestic battery charges are pending. Provides that crimes committed against different victims during the same episode of criminal conduct do not count against the sentencing cap that applies to crimes committed as part of the same episode of criminal conduct. Specifies that persons convicted of certain crimes may not participate in a community corrections program. Increases the penalty for: (1) reckless homicide; (2) involuntary manslaughter; and (3) reckless supervision; to a Level 4 felony. Establishes the public prosecution fund and a prosecuting attorney compensation fee of $40, which will be deposited in the public prosecution fund. Provides that a county may be reimbursed for certain prosecutorial expenses from the fund, unless the prosecuting attorney in the county is a noncompliant prosecuting attorney. Requires the Indiana prosecuting attorney's council to set standards for reimbursement. Makes it malicious littering, a Class A misdemeanor, for a person to place refuse on the property of another person with the intent to cause the owner or occupant of the property to reasonably fear for their physical safety.

Provides that a person having the care of a dependent who recklessly, knowingly, or intentionally fails to secure a loaded firearm in the person's residence or vehicle commits neglect of a dependent, a Level 6 felony, if the dependent uses the firearm to cause bodily injury or death to any person. Enhances the offense to a Level 5 felony in particular instances. Specifies exceptions and defenses. Specifies sign requirements for retail dealers. Defines terms and makes conforming amendments.

Defines a "privately made firearm" and other related terms. Makes it a Level 5 felony to possess a privately made firearm. Makes it a Level 5 felony to alter, obliterate, or remove certain marks of firearm identification or to possess a firearm on which those marks of identification have been altered, obliterated, or removed.

Makes wearing a mask at a public assembly a Class C misdemeanor, and increases the penalty to a Class A misdemeanor for a second or subsequent offense. Provides a defense under certain circumstances. Increases the penalty for rioting and disorderly conduct to a Level 6 felony if the offense is committed while wearing a mask.

Adds felony unlawful possession of a firearm by a child to the list of crimes for which a juvenile court shall, upon motion of the prosecuting attorney, waive jurisdiction under certain circumstances. Removes certain crimes concerning children and firearms from the list of crimes in which a juvenile court does not have jurisdiction for an alleged violation. Removes language in the unlawful carrying of a handgun statute prohibiting a person less than 18 years of age from carrying a handgun. Provides that the unlawful carrying of a handgun statute applies to a person who has been adjudicated as a delinquent child under the statute, and is at least 18 years of age but less than 23 years of age. Renames the "dangerous possession of a firearm" crime to "unlawful possession of a firearm by a child" and provides that the enhanced penalty applies if the offense was committed: (1) on or in school property; (2) within 500 feet of school property; or (3) on a school bus. Removes the reckless mens rea for unlawful possession of a firearm by a child. Makes technical changes.