Criminal Law

April 20, 2010 | Category: Criminal

Involuntary manslaughter and pregnancy
S.E.A. 71, P.L. 7-2010
Effective July 1, 2010
Amends the involuntary manslaughter statute, IC 35-42-1-4, to include killing a fetus while committing or attempting to commit a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated).

Various criminal law matters
S.E.A. 81, P.L. 100-2010
Effective March 24, 2010 (§ 7); July 1, 2010 (§ 1-6, 8)
Establishes the new Criminal Law and Sentencing Policy Study Committee in IC 2-5.5-5.  Committee membership will differ from present Sentencing Policy Study Committee, including a change to a single judicial member appointed by the Chief Justice, and the addition of a probation member appointed by the Probation Officers’ Professional Association.  Expands the responsibilities of the Committee to include a broad spectrum of criminal law issues.

Amends IC 9-24-15-4 to provide that, when a license is suspended for either a pending charge or a conviction of an Indiana motor vehicle felony or a felony in which a motor vehicle was used, the defendant may file a petition for a restricted driving permit only in the court in which the charges are pending or the conviction was entered.

Amends IC 9-24-18-1 to make a C misdemeanor driving without ever having obtained a valid license a Class A misdemeanor if the person has a prior unrelated conviction, and provides that a person convicted of either the C or A misdemeanor shall be prohibited from obtaining a valid license for a period of 90 days to two years.

Amends IC 9-30-4-6 and IC 35-44-3-3 to provide for a one-year license suspension for a person who commits D, C, or B felony resisting law enforcement with a motor vehicle if the person exceeded the speed limit by 20 miles per hour, committed criminal recklessness with a motor vehicle, or engaged in IC 9-21-8-55(b) aggressive driving, and requires the suspension to be for two years if the person has a prior D, C, or B felony resisting law enforcement conviction.

Enacts IC 9-30-4-6.5, to provide that any license suspension under IC 9-30-4 for motor vehicle crimes or specified crimes if committed with a motor vehicle does not commence until the person is released from incarceration.

Electronic dissemination of indecent material and sex offender registration
S.E.A. 224, P.L. 103-2010
Effective March 24, 2010 (§ 2); July 1, 2010 (§ 1, 3)
Requires the Sentencing Policy Study Committee to study and make recommendations regarding the sending of sexually suggestive or sexually explicit material over the Internet or by use of a cellular telephone or similar device, including whether school corporations should adopt policies regarding this topic.  Provides that a school corporation may offer classes or instruction regarding the risks and consequences of creating and sharing sexually suggestive or sexually explicit materials electronically.  Provides filing and notice requirements for a petition to remove a person’s designation as a sex offender on the basis that the registration requirements constitute ex post facto punishment in response to the Indiana Supreme Court’s opinion in Wallace v. State.

Parole board duties, community corrections, and bail
S.E.A. 340, P.L. 105-2010
Effective March 24, 2010 (§ 17); July 1, 2010 (§ 1-16; 18)
Makes conducting a community investigation by the parole board mandatory for certain individuals.  Reduces the standard period of parole from two years to one year unless the parolee: (1) is a repeat parolee; (2) is being placed on parole for a conviction for a crime of violence; (3) is a sex offender; or (4) has violated a DOC rule in the six months prior to release.

Provides that DOC rules concerning the maintenance of order and discipline among committed persons applies to persons placed in a community corrections program or assigned to a community transition program.  Repeals a provision that requires a county that receives a grant from the department commissioner for the establishment and operation of a community corrections program to be charged a sum for certain persons committed to the department and confined in a state correctional facility.  Mandates a community corrections plan to include a method to evaluate each component of the program to determine the overall use of DOC approved best practices for the program.  Provides that the DOC must require community corrections programs to submit an evaluation of the use of DOC approved best practices for community correction program components in proposed budget requests.

Amends the home detention statutes to define “home” to include the residence of another person who is not part of the social unit formed by an offender’s immediate family.  Establishes certain standards and criteria for direct placement of offenders in community corrections programs.  Amends the law concerning direct placement in community corrections programs to: (1) define “home” as the actual living area of the temporary or permanent residence of a person; and (2) entitle a person who is placed in a community corrections program under the law to earn credit time.  Authorizes a person to be deprived of credit time for violating a rule or condition of a community corrections program.

Makes changes to the Indiana bail law concerning: (1) notices to sureties and bond agents; and (2) failure to appear.  Provides that the requirement that courts include the costs of incarceration in sentencing orders expires June 30, 2012.  Urges the legislative council to assign to the sentencing policy study committee the issue of whether courts should include the costs of incarceration in sentencing orders.

Criminal procedures and controlled substances [No contact orders]
H.E.A. 1234, P.L. 94-2010
Effective March 18, 2010 (§ 6, 15); July 1, 2010 (§ 1-5, 7-14)
Provides an exception to the human immunodeficiency virus (HIV) testing consent statute (IC 16-41-8-5) by requiring that a defendant be tested for HIV within 48 hours if requested by the alleged victim of a sex crime committed by force or threat of force.

Enacts IC 25-15-2-24 and amends IC 25-15-9-18 to provide that if the decedent had filed a protection order which is currently in effect, the individual it is in effect against may not authorize or designate the manner, type, or selection of the final disposition and interment of human remains.  Requires law enforcement to determine if there is a protection order in effect.

Amends IC 35-33-8-3.2 and adds IC 35-33-8-3.6 to provide that if a court releases a defendant, who is charged with committing certain violent crimes that result in bodily injury, to bail without holding a bail hearing, the court shall include as a condition of bail that the defendant refrain from any direct or indirect contact with the victim for 10 days after release or until the initial hearing, whichever occurs first.  Establishes violations of these no contact orders are an invasion of privacy.

Provides that a court may require a person convicted of domestic battery to complete a certified batterer’s intervention program.  Provides that a court may require a person charged with domestic violence to wear a GPS tracking device as a condition of bail.

Another bill of interest:

Inmate possession of a cellular device prohibited
H.E.A. 1100, P.L. 51-2010
Effective July 1, 2010