Criminal law issues

S.E.A. 335, P.L. 142
Effective: July 1, 2020 [relevant sections]

  • 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.
  • Addsstrangulation 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.
  • 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.

Read the bill at: http://iga.in.gov/legislative/2020/bills/senate/335