Criminal law matters

The Senate Committee on Corrections and Criminal Law heard HB 1132 concerning criminal law matters sponsored by Sens. Freeman, Young, and Houchin. The bill amends Ind. Code § 35-47-2-18 by replacing “handgun” with “firearm” to conform to federal law on alteration or obliteration of markings on firearms and also requires the affidavit by law enforcement regarding the seizure of firearms to include the quantity and type of each firearm seized; and provides that the total executed time must be served for consecutive sentences before serving any suspended portion of a sentence.

The bill was amended by consent as follows:

  • If a finding of delinquency is based on a delinquent act that would be a serious violent felony if committed by an adult, the juvenile court shall transmit the finding to the office of judicial administration for transmission to NICS;
  • Requires a juvenile court to consider additional criteria, including whether a juvenile committed a delinquent act that would be a serious violent felony if committed by an adult, before granting an expungement.
  • Beginning July 1, 2021, requires the office of judicial administration begin compiling and publishing “certain statistics related to the confiscation and retention of firearms and submit an annual report not later than January 1 to the legislative council. Those statistics include:
    • The law enforcement agency responsible for each confiscation of a firearm under IC 35-47-14-2 and IC 35-47-14-3.
    • The number of:
      • (A) warrant based firearm confiscations under IC 35-47-14-2; and
      • (B)warrantless firearm confiscations under IC 35-47-14-3; for each county, as applicable, each year.
    •  The total number of:
      •  handguns; and
      • long guns; confiscated under IC 35-47-14 for each county, as applicable, each year.
    • The county in which a court issues an order that finds or does not find an individual to be dangerous;
  • Adds that a person is guilty of a false informing if they make a false report that a person is dangerous knowing the report or information to be false;
  • 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; and
  • Clarifies that if a court imposes consecutive sentences and suspends part of one or all sentences, the defendant must serve the total of the executed time imposed before serving any suspended part of the sentences

The Indiana Prosecuting Attorneys Council testified in support of the bill.  The Indiana Public Defender Council remained neutral but expressed reservation regarding several amendments.  The amended bill passed 7-0.

Read the bill at: http://iga.in.gov/legislative/2020/bills/house/1132