Defines "private low stakes card game" and provides a defense to certain gambling crimes if the gambling was a private low stakes card game. Defines "cheating" and makes cheating at gambling a Class A misdemeanor, and increases the penalty for the offense based on the gain obtained by cheating. Makes conforming amendments.
Repeals certain driving privilege suspensions when a motor vehicle is used in dealing certain controlled substances.
Repeals and consolidates various fraud, deception, and mischief offenses. Defines "financial institution" for purposes of crimes involving financial institutions. Defines "item of sentimental value" and enhances the penalties for mischief, theft, and fraud if the offense involves an item of sentimental value. Defines "pecuniary loss" for purposes of fraud in connection with insurance. Makes conforming amendments. (The introduced version of this bill was prepared by the interim study committee on corrections and criminal code.)
Provides the following effective July 1, 2021: (1) Authorizes the Indiana destination development corporation (corporation) to employ a film commissioner. (2) Authorizes the corporation to establish a film and media production incentive program. Requires the corporation, in coordination with the office of management and budget, to provide a report to the interim study committee on fiscal policy concerning: (1) film and media production incentives offered in other states; and (2) a recommendation on the type of incentive that should be offered in Indiana.
Provides that in lieu of arresting a person who has allegedly committed a misdemeanor (other than a traffic misdemeanor) in a law enforcement officer's presence, the officer may issue a summons and promise to appear unless the person: (1) has committed a violent misdemeanor offense that involves a victim or a weapon or involves an offense related to the impaired operation of a motor vehicle; (2) poses a safety risk to the person, the officer, or the public; or (3) has falsely identified the person to the officer. Requires that the summons set forth substantially the nature of the offense and direct the person to appear before a court at a stated place and time not later than seven business days after issuance of the summons.
Removes the requirement that rules adopted by the state department of health, in consultation with the department of veterans' affairs, include patient health improvement as a condition for approval of payment for treatment under the hyperbaric oxygen treatment pilot program (pilot program). Removes the requirement that the state department of health receive pretreatment and posttreatment evaluation documentation as a condition for approval of payment for hyperbaric oxygen treatment. Requires that rules adopted by the state department of health concerning the pilot program not include criteria requiring patient health improvement as a condition for approval of payment for treatment.
Establishes a defense to operating with a controlled substance in the person's body if the substance is THC and the sample was taken under certain circumstances.
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.
Grants the attorney general authority to appoint a special prosecutor to prosecute certain crimes if the county prosecuting attorney refuses as a matter of policy to prosecute those crimes. Establishes a procedure for the attorney general to appoint a special prosecutor, and requires the county to reimburse the attorney general for expenses incurred in the appointment. Provides that the state is not required to reimburse a prosecuting attorney for expenses incurred in an connection with the appointment of a special prosecutor.
A CONCURRENT RESOLUTION honoring Beverly Brown upon her retirement from the Indiana Senate.
