Rep. Garrett Bascom

Increases the penalty levels of crimes related to fentanyl. Provides that a court shall consider requiring certain persons charged with a crime of domestic violence to wear a monitoring device as a condition of bail. Requires that a bail hearing for a violent arrestee or a repeat violent arrestee be held in open court and provides that before releasing a violent arrestee or a repeat violent arrestee on bail the court must review the probable cause affidavit or arrest warrant and impose money bail payable by surety bond or cash deposit. Provides that in accordance with IC 27-10-2-4.5(g)(2), a charitable bail organization may not pay money bail on behalf of a violent arrestee or a repeat violent arrestee. Makes conforming changes.

Limits the total of the consecutive terms of imprisonment to which a defendant is sentenced for misdemeanor convictions arising out of an episode of criminal conduct. Provides that depositing or causing or allowing the deposit of contaminants or solid waste upon land is a Class C misdemeanor in certain circumstances. Makes it a sentencing aggravator that: (1) the person is in the United States unlawfully; or (2) a person distributed a controlled substance to at least three different individuals in a 180 day period. Makes it a sentencing mitigator for certain controlled substance offenses that the person sought and successfully completed treatment for a substance use disorder: (1) in the year before the commission of the offense; or (2) after committing the offense and before sentencing. Provides that a governmental entity may not organize or host an obscene performance or fund an obscene performance using public funds, and authorizes a person to seek injunctive relief as a remedy for a violation. Increases the penalty for resisting law enforcement under certain circumstances. Replaces the term "child pornography" with the term "child sex abuse material" throughout the Indiana Code. Makes certain provisions concerning juvenile court jurisdiction retroactive. Specifies that a facility having custody of a person arrested for certain crimes may not release the person on bail for at least 24 hours. Permits virtual bail hearings. Makes conforming amendments.

Requires an affidavit for probable cause, or a person testifying at a probable cause hearing, to make certain disclosures relating to a possible conflict of interest. Specifies that a probable cause affidavit must be redacted under certain circumstances. Prohibits a law enforcement officer from directing, encouraging, or knowingly permitting a person who is not a law enforcement officer to question a person in custody under certain circumstances.

Provides that a program may be established to provide grants to cancer centers in Indiana to increase breast cancer research projects or breast cancer clinical trials. Provides that a pediatric cancer research and treatment grant program may be established. Establishes the breast cancer research fund and the pediatric cancer research and treatment fund. Prioritizes use of the funds to be on innovative research and treatments with the potential of resulting in novel therapies for pediatric cancer. Requires the state department to submit an annual report to the governor and legislative council concerning the grant program and publish the report on the state department's website.

Specifies that a request for a warrant made orally by telephone, radio, or similar electronic means must be recorded and typed or transcribed. (Under current law, the judge is required to record the request, and the court reporter to type or transcribe it.) Permits certain warrant requests to be: (1) made electronically (where current law only allows this by radio or telephone); and (2) recorded electronically (where current law only permits the use of audio tape). Requires the prosecuting attorney and a law enforcement agency to maintain all requests for warrants, and to provide them to a defendant in discovery.

Adds the following criminal offenses for an individual who knowingly or intentionally operates a motor vehicle on a highway and has never received a valid driver's license: (1) A Class A misdemeanor if the operation of the motor vehicle results in bodily injury. (2) A Level 6 felony if the operation of the motor vehicle results in serious bodily injury. (3) A Level 5 felony if the operation of the motor vehicle results in the death or catastrophic injury of another person. Makes it a Class A misdemeanor to: (1) apply for a driver's license or permit with the intent to transfer the license or permit to an individual not entitled to the license or permit; or (2) register or apply for a certificate of title to a motor vehicle with the intent to permit an individual not entitled to a driver's license or permit to operate the vehicle. Increases the penalty to a Level 6 felony if the offense involves at least two individuals or motor vehicles, or if the person uses a business organization or nonprofit organization to commit the offense.

Provides that if a law enforcement officer arrests an individual for a felony or a misdemeanor and there is probable cause to believe that the individual is not lawfully present in the United States, the jail or detention facility shall notify the county sheriff of the probable cause during the individual's intake process, and the county sheriff shall notify the proper authority.

Replaces the term "child pornography" with the term "child sex abuse material" throughout the Indiana Code. Provides that it is a defense to prosecution of child exploitation and possession of child sex abuse material if a school employee, department of child services employee, or attorney acting in the attorney's capacity as legal counsel: (1) promptly and in good faith notified law enforcement about the image or matter depicting the sexual conduct; and (2) did not duplicate, upload, download, or otherwise transfer the image or matter. Provides that a governmental entity may not organize or host an obscene performance or fund an obscene performance using public funds, and authorizes a person to seek injunctive relief as a remedy for a violation. Specifies the intent of the general assembly concerning P.L.115-2023.

Maddy summaryHB 1478 removes the sunset provision associated with pro bono legal services fees. This action makes the collection of these fees permanent, rather than allowing them to expire on a predetermined date. The bill ensures that the established funding mechanism for pro bono legal services will continue indefinitely, impacting legal aid organizations and the availability of free legal assistance.

Maddy summaryHouse Resolution 66 is a commemorative bill that officially recognizes the 75th anniversary of the Indiana Bar Foundation. It acknowledges the foundation's history and contributions.