Sen. Mike Young

Addresses problems in the Indiana Code not suitable for resolution in the annual Technical Corrections bill, including resolution of the conflicts between versions of sections that were both amended and repealed during the 2019 legislative session. Resolves technical conflicts between various enrolled acts passed during the 2020 legislative session. Corrects technical errors in various enrolled acts passed during the 2020 legislative session.

Provides that, if certain criminal penalties are increased (or, in the case of an infraction, imposed) due to a prior conviction or infraction committed by a defendant, the new offense must have been committed not later than 12 years from the later of the date: (1) of the conviction or infraction judgment; or (2) the person was released from incarceration, probation, or parole. Excludes certain crimes and classes of crimes from the 12 year lookback period. Specifies the duties of an operator of a boat who is involved in an accident or collision resulting in injury. Adds strangulation and domestic battery to the definition of "crimes of violence". Specifies that references to a conviction for Indiana offenses include: (1) an attempt to commit the offense; (2) a conspiracy to commit the offense; and (3) a substantially similar offense committed in another jurisdiction. Provides that credit earned by a person on pretrial home detention does not include accrued time. Makes it a crime to possess a firearm with an obliterated serial number (under current law, it is only a crime to possess a handgun with an obliterated serial number). Provides that a person who: (1) agrees with two or more persons to commit theft; and (2) performs an overt act in furtherance of the agreement; commits organized theft, a Level 6 felony. Prohibits a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult (serious delinquent) from possessing a firearm unless the person is at least: (1) 26 years of age, in the case of less serious acts; or (2) 28 years of age, in the case of more serious acts. Makes possession of a firearm by a serious delinquent a Level 6 felony, and increases the penalty to a Level 5 felony for a second or subsequent offense. Requires a juvenile court to transmit certain findings to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) upon a finding of delinquency for an act that would be a serious violent felony if committed by an adult. Allows a court to consider certain factors when evaluating a petition to expunge certain juvenile adjudications. Beginning July 1, 2021: (1) requires the office of judicial administration to collect and publish certain statistics related to the confiscation and retention of firearms; and (2) requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Provides that a person who knowingly makes a false report that another person is dangerous commits false informing, a Class B misdemeanor. Specifies that a person commits the offense of operating a vehicle with a controlled substance if the controlled substance is in the person's blood (rather than the person's body). Increases the penalty for operating a vehicle with a controlled substance in the person's blood if the person is transporting a child in the vehicle. Provides a defense to a "smokable hemp" offense if the hemp is carried in continuous transit from a licensed producer in another state through Indiana to a licensed handler in another state. Makes conforming amendments, reconciles conflicts, and makes technical corrections.

Defines "child victim" as a child less than 16 years of age who is the victim of a sex offense, and specifies that a child victim has the right to confer with a representative of the prosecuting attorney's office before being deposed. Repeals and replaces the current statute concerning the deposition of a child with a new statute that provides that a defendant may only depose a child victim if the prosecuting attorney agrees to the deposition or if a court authorizes the deposition. Establishes a procedure for a court to use to determine whether to authorize the deposition of a child victim, and to specify the manner in which the deposition may be conducted. Provides that an order authorizing the deposition of a child must expressly prohibit the presence of the person accused of committing the offense against the child unless certain conditions apply and the presence of the accused is necessary to preserve the person's rights under the United States or Indiana constitution. Makes conforming amendments.

Provides that a warrant authorizing a search, testing, or other analysis of an item is deemed executed when the item is seized. Provides that a warrant return is sufficient if the return contains a statement indicating that the item was seized by a law enforcement officer.

Defines "person in a position of trust" and "self-dealing". Provides that a: (1) person commits exploitation of a dependent or an endangered adult if the person recklessly uses or exerts control over the personal services or property of an endangered adult or dependent; and (2) person in a position of trust commits exploitation of a dependent or an endangered adult if the person recklessly engages in self-dealing with the property of the dependent or endangered adult. Increases the penalty if the person has a prior unrelated conviction. Removes: (1) provisions relating to the Social Security Act; (2) a sentencing enhancement that applies if the victim is at least 60 years of age; and (3) a sentencing enhancement based on the value of the property.

Provides rights to sexual assault victims, including the right to: (1) speak with a victim advocate or victim service provider, if available, and a victims assistance or a social worker, if a victim advocate or victim service provider is not available, before a forensic medical exam or during the course of an investigation; (2) the collection of sexual assault forensic evidence; and (3) notice. Requires a provider, before commencing a forensic medical examination, or as soon as possible, to notify a victim advocate or victim service provider, if available, or victims assistance or a social worker, if a victim advocate or victim service provider is not available.

Adds new scheduled drugs (including emergency scheduled drugs) to the statutory drug schedules. Defines "isomer". Defines "narcotic" to include opium esters, ethers, and salts of isomers, esters, and ethers. Makes other changes and conforming amendments. Makes a technical correction.

Provides that an otherwise barred offense may be commenced not later than five years from the earlier of the date on which: (1) the state first discovers DNA evidence sufficient to charge the offender; (2) the state first becomes aware of a recording that provides evidence sufficient to charge the offender; or (3) a person confesses to the offense. Permits the alleged victim of certain child sex crimes to apply for victim compensation not later than five years after: (1) the state first discovers DNA evidence sufficient to charge the offender; (2) the state first becomes aware of a recording that provides evidence sufficient to charge the offender; or (3) a person confesses to the offense.

Provides that in certain circumstances a court may stay the suspension of a person's driving privileges and grant specialized driving privileges for a period of time as determined by the court. Provides that the court may set periodic hearings to review the grant of specialized driving privileges. Provides that, if a probable cause affidavit must be sent by a judicial officer to the bureau of motor vehicles, the probable cause affidavit must be sent at the conclusion of the initial hearing.

A SENATE RESOLUTION recognizing Steve Hale.