Sen. Karen Tallian

Provides that a person who knowingly or intentionally possesses more than two ounces of marijuana commits the offense of possession of marijuana. (Current law provides that the offense of possession of marijuana can be for any amount of marijuana.) Repeals the offense of possession of marijuana, hash oil, hashish, or salvia as a Level 6 felony. Makes conforming amendments.

Establishes the cannabis compliance commission to regulate all forms of legal cannabis in Indiana, including industrial hemp and low THC hemp extract.

Provides that a county election board may provide for electronic filing of campaign finance reports by local candidates and committees. Provides that if a county election board provides for electronic filing of campaign finance reports, the county election board may not require any candidate or committee to file campaign finance reports electronically.

Increases the penalty for numerous motor vehicle violations from a Class C infraction to a Class A infraction if the violation results in bodily injury. Requires the bureau of motor vehicles to remove any record of a suspension from a defendant charged with operating while intoxicated if the case ends in favor of the defendant and the defendant's driving privileges were suspended because: (1) the defendant refused a chemical test; or (2) the results of a chemical test resulted in prima facie evidence of intoxication. Provides that a court and the bureau, if applicable, shall terminate all or any part of the remaining suspension of a person's license suspension if: (1) the charges against the person are dismissed; (2) the person is acquitted; or (3) the person's conviction is vacated or reversed on appeal. Provides that a court shall terminate a suspension imposed for refusal to submit to a chemical test if: (1) the court accepts a plea agreement between the state and the defendant that includes this provision; or (2) the court finds at sentencing that terminating the remaining suspension is in the best interests of society. Adds cross references concerning license suspensions and ignition interlock devices. Makes an individual less than 18 years of age eligible for a deferral program. (Under current law, individuals under 18 years of age are not eligible for deferral.) Repeals certain driving privilege suspensions when a motor vehicle is used in dealing certain controlled substances. Makes conforming changes.

Removes the definition of "motorboat". Provides that the definition of "watercraft" does not include a craft that is: (1) powered by its occupants; and (2) does not contain a mechanical propellant. Repeals and replaces provisions in the current watercraft registration law. Amends sections related to boat excise tax. Provides that tax situs means the taxing district in which the boat is located on the date it is registered. Provides that a watercraft is not a vehicle for purposes of mechanic's liens for vehicles. Provides that a person that fails to carry a certificate of registration or display proof of registration for display on a watercraft commits a Class C infraction. Provides that a person who knowingly or intentionally falsifies, predates, changes, or counterfeits proof of registration for a watercraft commits a Class C misdemeanor. Revises the definition of "recreational trail" to specify that the term refers to trails or paths funded through the recreational trails program. Specifies that the state may acquire a railroad's interest in a corridor for use as a trail (rather than as a recreational trail as provided by current law). Specifies that the state may consider a corridor's suitability for use as a trail (rather than as a recreational trail as provided by current law) when considering whether to acquire a railroad's interest in a corridor. Specifies that a railroad's interest in a corridor acquired for a recreational purpose may be developed and operated under the recreational trails program. (Current law requires such acquisitions to be developed and operated under the program.) Modifies the definitions of "all-terrain vehicle" and "recreational off-highway vehicle". Makes it a Class C infraction to violate a rule adopted by the natural resources commission or an emergency rule adopted by the department of natural resources, unless otherwise specified under state law. Allows the owner of a boat that carries passengers upon public water for hire to elect to have an underwater survey (survey) conducted instead of the required dry dock inspection. Requires that the boat be inspected in a dry dock once every 120 months. Requires the owner of the boat to hire and pay for the survey. Requires the survey to be conducted by an inspector from a certified organization that is approved by the natural resources commission. Requires that the certificate of inspection and registration certify the method of the boat's inspection and the name of the person and organization that performed the inspection. Allows an individual to float on a board on or in the wake directly behind a motorboat that is underway using the wake itself as the means of propulsion. Removes the sunset provision regarding the use of certain rifles while hunting. Removes an exception for legal minnow seines and dip nets from the prohibition on using various fishing techniques near a dam. Authorizes the natural resources commission to authorize exceptions for the use of otherwise prohibited techniques by rule. Makes various changes to the procedures for revoking or denying a license or permit under the wildlife violator compact. Provides that a court having jurisdiction of an offense committed in violation of an Indiana law for the protection of wildlife may revoke the license of the offender for a minimum of one year. (Current law allows revocations for a period of 30 days, 60 days, 90 days, or one year.) Declares that the citizens of Indiana have certain vested rights with respect to Lake Michigan, and that the natural resources commission may adopt rules concerning those rights. Provides that property owners may jointly apply for a permit with the Indiana department of environmental management for wetland activities in state regulated wetlands. Authorizes the department to adopt rules identifying the ordinary high water mark on the land adjoining the waters of Lake Michigan for administrative purposes. Provides that the owner of a private property that is adjacent to Lake Michigan is immune from liability under certain circumstances. Provides guidelines for permitting to private property owners by local governmental agencies, in the case of an emergency to: (1) repair; or (2) construct; a new seawall or revetment on the owner's property. Provides guidelines for the location of a seawall or revetment in the event of construction or repair of that seawall or revetment. Makes a local planning and zoning statute concerning the alienation of mineral resources and forests outside urban areas applicable to all counties.

Provides a new schedule of rates for calendar years after December 31, 2020. Specifies that Schedule C applies for calendar years 2021 through 2025. Provides new contribution rates for calendar years after 2020.

Provides that a full-time, paid, nonprobationary firefighter has certain minimum protections in addition to any protections provided by contract or other law with regard to the following: (1) The conduct of an interview of the firefighter by the fire department (department) regarding a complaint or internal investigation. (2) The giving of notice by the department to the firefighter of a personnel reassignment, personnel action, or disciplinary action. (3) The disclosure of the firefighter's personal financial information for purposes of a personnel assignment or action. (4) The firefighter's engagement in or refusal to engage in political activity. (Currently these statutes apply only to police officers and police departments.) Repeals a provision that makes the provisions applicable only to police officers.

Establishes a procedure for a criminal court to use in determining if a defendant is indigent. Provides that, if a court has ordered a defendant to pay part of the cost of representation, the court shall inquire at sentencing whether the defendant has paid the required amount. Specifies that a court may prorate fines, fees, and court costs based on the person's reasonable ability to pay. (The introduced version of this bill was prepared by the interim study committee on corrections and criminal code.)

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.

Provides that for worker's compensation and occupational diseases compensation, not later than 14 days from the date that the first installment of compensation is due, an employer or the employer's insurance carrier must file with the worker's compensation board (board) a report of payment of compensation. (Current law provides that not later than 15 days from the date that the first installment of compensation is due, an employer or the employer's insurance carrier must file with the worker's compensation board a compensation agreement.) Provides that for worker's compensation and occupational diseases compensation, the presentation to the employee or to the employee's dependents of certain payments from the employer or the employer's insurance carrier is sufficient tender of the worker's compensation or occupational diseases compensation. Provides that for worker's compensation and occupational diseases coverage, an employer must notify certain employees of the employer's intent to terminate the employee's temporary total disability benefits, and for all instances of termination of benefits, file an electronic notice with the board. (Current law provides that an employer must notify an employee of the employer's intent to terminate temporary total disability benefits in cases not included in statute.) Provides that for worker's compensation and occupational diseases compensation for injuries occurring on or after July 1, 1991, compensation amounts determined for visual impairments shall be: (1) based on the Functional Vision Score; and (2) except in cases of permanent and complete loss of vision by enucleation, be paid as a whole person rating. (Current law provides that for injuries occurring on or after July 1, 1991, compensation amounts determined for: (1) permanent reduction of the sight of an eye less than a total eye loss shall be paid in an amount proportionate to the degree of a permanent reduction without correction or glasses; and (2) 100% loss of vision shall be paid for 50% of the total loss of vision without glasses, plus an additional amount equal to the proportionate amount of the reduction with glasses.) Removes from the compensation schedule for worker's compensation and occupational diseases compensation, for injuries occurring on or after July 1, 1991, that a reduction of vision to 1/10 of normal vision with glasses is 35 degrees of permanent impairment. Provides that the board may dispose of all papers for files when compensation has been awarded either by agreement or upon hearing two years after the termination of the compensation period for files related to worker's compensation and worker's occupational diseases compensation. (Current law provides for one year.) Provides that all records of insurance coverage related to worker's occupational diseases compensation shall be maintained for 35 years. (Current law provides the records be maintained for 45 years.)