Criminal Justice (Victims' Rights)

Provides that a person may not waive certain requirements concerning the return of a firearm to the rightful owner as part of a plea agreement. Specifies that any purported waiver is invalid and unenforceable as against public policy.

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.

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).

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.