Bill Text: IN SB0004 | 2012 | Regular Session | Enrolled
Bill Title: Human trafficking.
Spectrum: Moderate Partisan Bill (Republican 20-6)
Status: (Enrolled - Dead) 2012-01-30 - Signed by the President Pro Tempore [SB0004 Detail]
Download: Indiana-2012-SB0004-Enrolled.html
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AN ACT to amend the Indiana Code concerning criminal law and procedure.
(1) Information that identifies the person including the person's name, age, and address.
(2) Information concerning any charges on which the arrest or summons is based.
(3) Information relating to the circumstances of the arrest or the issuance of the summons, such as the:
(A) time and location of the arrest or the issuance of the summons;
(B) investigating or arresting officer (other than an undercover officer or agent); and
(C) investigating or arresting law enforcement agency.
(b) If a person is received in a jail or lock-up, the following information shall be made available for inspection and copying:
(1) Information that identifies the person including the person's name, age, and address.
(2) Information concerning the reason for the person being placed in the jail or lock-up, including the name of the person on whose
order the person is being held.
(3) The time and date that the person was received and the time
and date of the person's discharge or transfer.
(4) The amount of the person's bail or bond, if it has been fixed.
(c) An agency shall maintain a daily log or record that lists
suspected crimes, accidents, or complaints, and the following
information shall be made available for inspection and copying:
(1) The time, substance, and location of all complaints or requests
for assistance received by the agency.
(2) The time and nature of the agency's response to all complaints
or requests for assistance.
(3) If the incident involves an alleged crime or infraction:
(A) the time, date, and location of occurrence;
(B) the name and age of any victim, unless the victim is a
victim of a crime under IC 35-42-4 or IC 35-42-3.5;
(C) the factual circumstances surrounding the incident; and
(D) a general description of any injuries, property, or weapons
involved.
The information required in this subsection shall be made available for
inspection and copying in compliance with this chapter. The record
containing the information must be created not later than twenty-four
(24) hours after the suspected crime, accident, or complaint has been
reported to the agency.
(d) This chapter does not affect IC 5-2-4, IC 10-13-3, or
IC 5-11-1-9.
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A, Class B, or Class C felony (IC 35-42-4-9), unless:
(A) the person is convicted of sexual misconduct with a minor as a Class C felony;
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be required to register as a sex offender.
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, and the person who kidnapped the victim is not the victim's parent or guardian.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim's parent or guardian.
(13) Possession of child pornography (IC 35-42-4-4(c)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
(15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the victim is less than eighteen (18) years of age.
(16) Sexual trafficking of a minor
(17) Human trafficking
(18) An attempt or conspiracy to commit a crime listed in subdivisions (1) through (17).
(19) A crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in subdivisions (1) through (18).
(b) The term includes:
(1) a person who is required to register as a sex offender in any jurisdiction; and
(2) a child who has committed a delinquent act and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility by the department of correction, is discharged from a secure private facility (as defined in IC 31-9-2-115), or is discharged from a juvenile detention facility as a result of an adjudication as a delinquent child for an act that would be an offense described in subsection (a) if committed by an adult; and
(C) is found by a court by clear and convincing evidence to be likely to repeat an act that would be an offense described in
subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(2)(C), the court
shall consider expert testimony concerning whether a child is likely to
repeat an act that would be an offense described in subsection (a) if
committed by an adult.
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A, Class B, or Class C felony (IC 35-42-4-9), unless:
(A) the person is convicted of sexual misconduct with a minor as a Class C felony;
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be required to register as a sex offender.
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, and the person who kidnapped the victim is not the victim's parent or guardian.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim's parent or guardian.
(13) Possession of child pornography (IC 35-42-4-4(c)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
(15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the victim is less than eighteen (18) years of age.
(16) Sexual trafficking of a minor
(IC 35-42-3.5-1(c)).
(17) Human trafficking (IC 35-42-3.5-1(c)(3))
(IC 35-42-3.5-1(d)(3)) if the victim is less than eighteen (18)
years of age.
(18) Murder (IC 35-42-1-1).
(19) Voluntary manslaughter (IC 35-42-1-3).
(20) An attempt or conspiracy to commit a crime listed in
subdivisions (1) through (19).
(21) A crime under the laws of another jurisdiction, including a
military court, that is substantially equivalent to any of the
offenses listed in subdivisions (1) through (20).
(b) The term includes:
(1) a person who is required to register as a sex or violent
offender in any jurisdiction; and
(2) a child who has committed a delinquent act and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility
by the department of correction, is discharged from a secure
private facility (as defined in IC 31-9-2-115), or is discharged
from a juvenile detention facility as a result of an adjudication
as a delinquent child for an act that would be an offense
described in subsection (a) if committed by an adult; and
(C) is found by a court by clear and convincing evidence to be
likely to repeat an act that would be an offense described in
subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(2)(C), the court
shall consider expert testimony concerning whether a child is likely to
repeat an act that would be an offense described in subsection (a) if
committed by an adult.
(1) to engage the other person in:
(A) forced labor; or
(B) involuntary servitude; or
(2) to force the other person into:
(A) marriage;
(B) prostitution; or
(C) participating in sexual conduct (as defined by IC 35-42-4-4);
commits promotion of human trafficking, a Class B felony.
(b) A person who knowingly or intentionally recruits, harbors, or transports a child less than sixteen (16) years of age with the intent of:
(1) engaging the child in:
(A) forced labor; or
(B) involuntary servitude; or
(2) inducing or causing the child to:
(A) engage in prostitution; or
(B) participate in sexual conduct (as defined by IC 35-42-4-4);
commits promotion of human trafficking of a minor, a Class B felony. It is not a defense to a prosecution under this subsection that the child consented to engage in prostitution or to participate in sexual conduct.
(1) forced labor;
(2) involuntary servitude; or
(3) prostitution;
commits human trafficking, a Class C felony.
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