Indiana House Bill 1159 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 3-0)
Status: Introduced on January 8 2020 - 25% progression, died in chamber
Action: 2020-01-27 - Representative Ziemke added as coauthor
Text: Latest bill text (Amended) [PDF]

Juvenile expungements and firearms matters. 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 the following factors when evaluating a petition to expunge certain juvenile adjudications: (1) Whether a person has been charged with or convicted of murder or another felony offense as an adult. (2) Whether a person has ever been waived to adult court for an offense. (3) Whether a person has ever received a nonsuspendable sentence as a juvenile. (4) Whether the person 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. (5) Whether the person: (A) is currently suffering from a mental health issue; (B) has an ongoing or chronic mental health issue; (C) has received or is receiving treatment for a mental health issue; or (D) is complying with a treatment regimen recommended by a mental health professional, if applicable. Prohibits a court from expunging certain records in the absence of a petition requesting the expungement. Requires a court to transmit certain court orders to the office of judicial administration when granting a petition requesting the expungement of certain juvenile records. Provides that a person who: (1) has been adjudicated a delinquent child for the commission of an act while armed with a firearm that would be a serious violent felony if committed by an adult; (2) has not had the juvenile adjudication expunged; and (3) knowingly or intentionally possesses a firearm; commits unlawful possession of a firearm by a dangerous person, a Class A misdemeanor. Specifies that the offense is enhanced to a Level 4 felony if the person has a prior unrelated conviction for the offense. Provides that 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 is not a proper person for the purpose of receiving a license to carry a handgun. Beginning January 1, 2021: (1) requires the office of judicial administration to collect, monitor, and publish certain statistics related to the confiscation and retention of firearms taken from dangerous individuals; and (2) requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Allows the office of judicial administration to provide certain information to a law enforcement agency for the purposes of handgun licenses. Provides that a person who makes a false report that another person is dangerous, for purposes of seizure and retention of firearms proceedings, knowing the report or information to be false, commits false informing, a Class B misdemeanor. Defines certain terms. Makes conforming amendments.

Juvenile expungements and firearms matters.

Rep. Donna Schaibley [R]

Rep. Gerald Torr [R]

Rep. Cindy Ziemke [R]

2020-01-22 - House - House - Committee Vote (Y: 11 N: 0 NV: 0 Abs: 2) [PASS]

Date	Chamber	Action
2020-01-27	House	Representative Ziemke added as coauthor
2020-01-23	House	Committee report: amend do pass, adopted
2020-01-08	House	First reading: referred to Committee on Courts and Criminal Code
2020-01-08	House	Coauthored by Representative Torr
2020-01-08	House	Authored by Representative Schaibley

Type	Source
Summary	https://iga.in.gov/legislative/2020/bills/house/1159/details
Text	http://iga.in.gov/static-documents/9/3/8/8/938841ff/HB1159.01.INTR.pdf
Text	http://iga.in.gov/static-documents/0/8/2/e/082e8ca2/HB1159.01.INTR.pdf
Text	http://iga.in.gov/static-documents/5/1/3/a/513a47c8/HB1159.02.COMH.pdf
Roll Call	http://iga.in.gov/static-documents/f/b/e/8/fbe84d3d/HB1159.01.INTR.00.pdf