Bill Text: IN SB0081 | 2010 | Regular Session | Enrolled
Bill Title: Various criminal law matters.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2010-03-25 - Section 8 effective 07/01/2010 [SB0081 Detail]
Download: Indiana-2010-SB0081-Enrolled.html
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AN ACT to amend the Indiana Code concerning criminal law and procedure.
Chapter 5. Criminal Law and Sentencing Policy Study Committee
Sec. 1. The criminal law and sentencing policy study committee is established.
Sec. 2. The committee consists of fourteen (14) members appointed as follows:
(1) Four (4) members of the senate, not more than two (2) of whom may be affiliated with the same political party, appointed by the president pro tempore of the senate.
(2) Four (4) members of the house of representatives, not more than two (2) of whom may be affiliated with the same political party, appointed by the speaker of the house of representatives.
(3) The executive director of the prosecuting attorneys council of Indiana or the executive director's designee.
(4) The executive director of the public defender council of Indiana or the executive director's designee.
(5) One (1) person who:
(A) has experience in administering probation programs; and
(B) is a member of the Probation Officers' Professional Association of Indiana;
appointed by the members of the Association.
(6) One (1) circuit or superior court judge who exercises criminal or juvenile jurisdiction, appointed by the chief justice of the supreme court.
(7) The commissioner of the department of correction.
(8) The chairman of the parole board.
Sec. 3. The chairman of the legislative council shall appoint a legislative member of the committee to serve as chair of the committee. Whenever there is a new chairman of the legislative council, the new chairman may remove the chair of the committee and appoint another chair.
Sec. 4. If a legislative member of the committee ceases to be a member of the chamber from which the member was appointed, the member also ceases to be a member of the committee.
Sec. 5. A legislative member of the committee may be removed at any time by the appointing authority who appointed the legislative member.
Sec. 6. If a vacancy exists on the committee, the appointing authority who appointed the former member whose position is vacant shall appoint an individual to fill the vacancy.
Sec. 7. The committee shall submit a final report of the results of its study to the legislative council before November 1 of even-numbered years. The report must be in an electronic format under IC 5-14-6.
Sec. 8. The Indiana criminal justice institute shall provide staff support to the committee to prepare:
(1) minutes of each meeting; and
(2) the final report.
Sec. 9. The legislative services agency shall provide staff support to the committee to:
(1) advise the committee on legal matters, criminal procedures, and legal research; and
(2) draft potential legislation.
Sec. 10. Each member of the committee is entitled to receive the same per diem, mileage, and travel allowances paid to individuals who serve as legislative and lay members, respectively, of interim study committees established by the legislative council.
Sec. 11. The affirmative votes of a majority of the voting
members appointed to the committee are required for the
committee to take action on any measure, including the final
report.
Sec. 12. Except as otherwise specifically provided by this
chapter, the committee shall operate under the rules of the
legislative council. All funds necessary to carry out this chapter
shall be paid from appropriations to the legislative council and the
legislative services agency.
Sec. 13. (a) The committee is established to evaluate criminal
laws, sentencing laws, and policies as they relate to:
(1) the purposes of the criminal justice and corrections
systems;
(2) the availability of sentencing options; and
(3) the inmate population in department of correction
facilities.
If, based on the committee's evaluation under this subsection, the
committee determines that changes are necessary or appropriate,
the committee shall make recommendations to the general
assembly for the modification of sentencing laws and policies and
for the addition, deletion, or expansion of sentencing options.
(b) The committee shall do the following:
(1) Conduct a continuing study of the laws relating to:
(A) the investigation of crimes;
(B) the prosecution of crimes;
(C) criminal procedures;
(D) alternative sentencing programs;
(E) the department of correction;
(F) parole;
(G) probation;
(H) community corrections;
(I) home detention programs;
(J) criminal registries;
(K) victim rights;
(L) the classification of criminal offenses into felony and
misdemeanor categories;
(M) sex offenders; and
(N) juvenile offenders.
(2) Study federal requirements or incentives for states to pass
certain laws or establish specific programs.
(3) Determine the long range needs of the criminal justice and
corrections systems and recommend policy priorities for those
systems.
(4) Identify critical problems in the criminal justice and corrections systems and recommend strategies to solve the problems.
(5) Assess the cost effectiveness of the use of state and local funds in the criminal justice and corrections systems.
(6) Propose plans, programs, and legislation for improving the effectiveness of the criminal justice and corrections systems.
(c) The committee may study other topics assigned by the legislative council or as directed by the committee chair. The committee may meet as often as necessary.
(1) the petitioner is a defendant in a pending case concerning the commission of an offense described in IC 9-30-5;
(2) the petitioner is on probation after being convicted of committing an offense described in IC 9-30-5;
(3) the petitioner's driving privileges have been suspended under IC 35-48-4-15 after the petitioner was convicted of committing an offense described in IC 35-48-4-15(a); or
(4) the petitioner's driving privileges have been suspended in accordance with IC 9-30-4-6(b)(3) following the petitioner's conviction in Indiana for a felony;
the petition may be filed only in the circuit court or superior court in which the case is pending or the petitioner was convicted.
(b) The clerk of the court shall docket the verified petition in the name of the petitioner against the prosecuting attorney of the county.
(c) The prosecuting attorney shall appear in person or by deputy and be heard by the court on the petition.
(d) The bureau:
(1) serves as a recordkeeper; and
(2) is not a party;
in a proceeding under this chapter.
commits a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction under this section.
(b) In addition to any other penalty imposed for a conviction under this section, the court shall recommend that the person be prohibited from receiving a valid driving license for a fixed period of at least ninety (90) days and not more than two (2) years.
(c) The court shall specify:
(1) the length of the fixed period of the prohibition; and
(2) the date the fixed period of the prohibition begins;
whenever the court makes a recommendation under subsection (b).
(d) The bureau shall, upon receiving a record of conviction of a person upon a charge of operating a motor vehicle while never having received a valid driving license, prohibit the person from receiving a driving license for a fixed period of at least ninety (90) days and not more than two (2) years. The bureau shall fix this period in accordance with the recommendation of the court that entered the conviction, as provided in subsection (c).
(b) The bureau shall suspend or revoke without notice or hearing the current driver's license and all certificates of registration and license plates issued or registered in the name of a person who is convicted of any of the following:
(1) Manslaughter or reckless homicide resulting from the operation of a motor vehicle.
(2) Perjury or knowingly making a false affidavit to the department under this chapter or any other law requiring the
registration of motor vehicles or regulating motor vehicle
operation upon the highways.
(3) A felony under Indiana motor vehicle laws or felony in the
commission of which a motor vehicle is used.
(4) Three (3) charges of criminal recklessness involving the use
of a motor vehicle within the preceding twelve (12) months.
(5) Failure to stop and give information or assistance or failure to
stop and disclose the person's identity at the scene of an accident
that has resulted in death, personal injury, or property damage in
excess of two hundred dollars ($200).
(6) Possession, distribution, manufacture, cultivation, transfer,
use, or sale of a controlled substance or counterfeit substance, or
attempting or conspiring to possess, distribute, manufacture,
cultivate, transfer, use, or sell a controlled substance or
counterfeit substance.
(c) The license of a person shall also be suspended upon conviction
in another jurisdiction for any offense described in subsections (b)(1),
(b)(2), (b)(3), (b)(4), and (b)(5), except if property damage is less than
two hundred dollars ($200), the bureau may determine whether the
driver's license and certificates of registration and license plates shall
be suspended or revoked. The license of a person shall also be
suspended upon conviction in another jurisdiction for any offense
described in subsection (b)(6).
(d) A suspension or revocation remains in effect and a new or
renewal license may not be issued to the person and a motor vehicle
may not be registered in the name of the person as follows:
(1) Except as provided in subdivisions (2), and (3), (4), and (5),
and subject to section 6.5 of this chapter, for six (6) months
from the date of conviction or on the date on which the person is
otherwise eligible for a license, whichever is later. Except as
provided in IC 35-48-4-15, this includes a person convicted of a
crime for which the person's license is suspended or revoked
under subsection (b)(6).
(2) Subject to section 6.5 of this chapter, upon conviction of an
offense described in subsection (b)(1), for a fixed period of not
less than two (2) years and not more than five (5) years, to be
fixed by the bureau based upon recommendation of the court
entering a conviction. A new or reinstated license may not be
issued to the person unless that person, within the three (3) years
following the expiration of the suspension or revocation, gives
and maintains in force at all times during the effective period of
a new or reinstated license proof of financial responsibility in the
future in the manner specified in this chapter. However, the
liability of the insurance carrier under a motor vehicle liability
policy that is furnished for proof of financial responsibility in the
future as set out in this chapter becomes absolute whenever loss
or damage covered by the policy occurs, and the satisfaction by
the insured of a final judgment for loss or damage is not a
condition precedent to the right or obligation of the carrier to
make payment on account of loss or damage, but the insurance
carrier has the right to settle a claim covered by the policy. If the
settlement is made in good faith, the amount shall be deductive
from the limits of liability specified in the policy. A policy may
not be canceled or annulled with respect to a loss or damage by an
agreement between the carrier and the insured after the insured
has become responsible for the loss or damage, and a cancellation
or annulment is void. The policy may provide that the insured or
any other person covered by the policy shall reimburse the
insurance carrier for payment made on account of any loss or
damage claim or suit involving a breach of the terms, provisions,
or conditions of the policy. If the policy provides for limits in
excess of the limits specified in this chapter, the insurance carrier
may plead against any plaintiff, with respect to the amount of the
excess limits of liability, any defenses that the carrier may be
entitled to plead against the insured. The policy may further
provide for prorating of the insurance with other applicable valid
and collectible insurance. An action does not lie against the
insurance carrier by or on behalf of any claimant under the policy
until a final judgment has been obtained after actual trial by or on
behalf of any claimant under the policy.
(3) Subject to section 6.5 of this chapter, for the period ordered
by a court under IC 35-48-4-15.
(4) Subject to section 6.5 of this chapter, if the person is
convicted of a felony involving the use of a motor vehicle
under IC 35-44-3-3(b) and the person:
(A) exceeded the speed limit by at least twenty (20) miles
per hour;
(B) committed criminal recklessness with a vehicle
(IC 35-42-2-2); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b);
while committing the felony, for one (1) year after the date the
person was convicted. The convicted person has the burden of
applying for a new or renewal license and establishing that
the one (1) year period described in this subdivision and
subject to section 6.5 of this chapter has elapsed.
(5) Subject to section 6.5 of this chapter, if the person is
convicted of a felony involving the use of a motor vehicle
under IC 35-44-3-3(b), the person:
(A) exceeded the speed limit by at least twenty (20) miles
per hour;
(B) committed criminal recklessness with a vehicle
(IC 35-42-2-2); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b);
while committing the felony, and the person has a prior
unrelated conviction for a felony under IC 35-44-3-3(b), for
two (2) years after the date the person was convicted. The
convicted person has the burden of applying for a new or
renewal license and establishing that the two (2) year period
described in this subdivision and subject to section 6.5 of this
chapter has elapsed.
(e) The bureau may take action as required in this section upon
receiving satisfactory evidence of a conviction of a person in another
state.
(f) For the purpose of this chapter, "conviction" includes any of the
following:
(1) A conviction upon a plea of guilty.
(2) A determination of guilt by a jury or court, even if:
(A) no sentence is imposed; or
(B) a sentence is suspended.
(3) A forfeiture of bail, bond, or collateral deposited to secure the
defendant's appearance for trial, unless the forfeiture is vacated.
(4) A payment of money as a penalty or as costs in accordance
with an agreement between a moving traffic violator and a traffic
violations bureau.
(g) A suspension or revocation under this section or under
IC 9-25-6-8 stands pending appeal of the conviction to a higher court
and may be set aside or modified only upon the receipt by the bureau
of the certificate of the court reversing or modifying the judgment that
the cause has been reversed or modified. However, if the suspension or
revocation follows a conviction in a court of no record in Indiana, the
suspension or revocation is stayed pending appeal of the conviction to
a court of record.
(h) A person aggrieved by an order or act of the bureau under this
section or IC 9-25-6-8 may file a petition for a court review.
(1) a term of incarceration; and
(2) a license suspension under this chapter;
the license suspension begins on the date the person is released from incarceration and not on the date the person is convicted.
(1) forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the authorized service or execution of a civil or criminal process or order of a court; or
(3) flees from a law enforcement officer after the officer has, by visible or audible means, including operation of the law enforcement officer's siren or emergency lights, identified himself or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except as provided in subsection (b).
(b) The offense under subsection (a) is a:
(1) Class D felony if:
(A) the offense is described in subsection (a)(3) and the person uses a vehicle to commit the offense; or
(B) while committing any offense described in subsection (a), the person draws or uses a deadly weapon, inflicts bodily injury on or otherwise causes bodily injury to another person, or operates a vehicle in a manner that creates a substantial risk of bodily injury to another person;
(2) Class C felony if, while committing any offense described in subsection (a), the person operates a vehicle in a manner that causes serious bodily injury to another person; and
(3) Class B felony if, while committing any offense described in subsection (a), the person operates a vehicle in a manner that causes the death of another person.
(c) For purposes of this section, a law enforcement officer includes an enforcement officer of the alcohol and tobacco commission and a conservation officer of the department of natural resources.
(d) If a person uses a vehicle to commit a felony offense under subsection (b)(1)(B), (b)(2), or (b)(3), as part of the criminal penalty
imposed for the offense, the court shall impose a minimum executed
sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1) prior
unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior unrelated
convictions under this section.
(e) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, the mandatory
minimum sentence imposed under subsection (d) may not be
suspended.
(f) If a person is convicted of an offense involving the use of a
motor vehicle under:
(1) subsection (b)(1)(A), if the person exceeded the speed limit
by at least twenty (20) miles per hour while committing the
offense;
(2) subsection (b)(2); or
(3) subsection (b)(3);
the court may notify the bureau of motor vehicles to suspend or
revoke the person's driver's license and all certificates of
registration and license plates issued or registered in the person's
name in accordance with IC 9-30-4-6(b)(3) for the period described
in IC 9-30-4-6(d)(4) or IC 9-30-4-6(d)(5). The court shall inform
the bureau whether the person has been sentenced to a term of
incarceration. At the time of conviction, the court may obtain the
person's current driver's license and return the license to the
bureau of motor vehicles.
; (10)SE0081.1.7. --> SECTION 7. THE FOLLOWING ARE REPEALED [EFFECTIVE UPON PASSAGE]: IC 2-5.5-2; P.L.128-2009, SECTION 3.
(1) whether individuals on parole should be eligible to receive credit time to potentially shorten their period of parole; and
(2) the sending of sexually suggestive or sexually explicit material over the Internet or by use of a cellular telephone or similar device by minors, including whether school corporations should adopt policies regarding this topic.
(b) This SECTION expires January 1, 2011.
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