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SENATE BILL No. 104

Citations Affected: IC 3-11; IC 11-10-12-4; IC 35-42-4-14.

Synopsis: Serious sex offenders. Defines "serious sex offender". Makes entry on school property by a serious sex offender a Class D felony. Provides that a serious sex offender is entitled to vote by mail. Requires a circuit court clerk to, before an election, notify serious sex offenders whose polling place is located on school property: (1) that a serious sex offender who knowingly or intentionally enters school property commits unlawful entry by a serious sex offender, a Class D felony; and (2) of other voting alternatives. Provides that a circuit court clerk may arrange transportation to a clerk's office, satellite office, or vote center for a serious sex offender whose polling place is located on school property. Requires the department of correction to inform a serious sex offender at the time of discharge from the department: (1) that a serious sex offender who knowingly or intentionally enters school property commits unlawful entry by a serious sex offender, a Class D felony; and (2) of voting options for the serious sex offender.

Effective: July 1, 2012.

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Mrvan

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    January 4, 2012, read first time and referred to Committee on Judiciary.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

SOURCE: IC 3-11-10-24; (12)IN0104.1.1. -->     SECTION 1. IC 3-11-10-24, AS AMENDED BY P.L.225-2011, SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 24. (a) Except as provided in subsection (b), a voter who satisfies any of the following is entitled to vote by mail:
        (1) The voter has a specific, reasonable expectation of being absent from the county on election day during the entire twelve (12) hours that the polls are open.
        (2) The voter will be absent from the precinct of the voter's residence on election day because of service as:
            (A) a precinct election officer under IC 3-6-6;
            (B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
            (C) a challenger or pollbook holder under IC 3-6-7; or
            (D) a person employed by an election board to administer the election for which the absentee ballot is requested.
        (3) The voter will be confined on election day to the voter's residence, to a health care facility, or to a hospital because of an illness or injury during the entire twelve (12) hours that the polls

are open.
        (4) The voter is a voter with disabilities.
        (5) The voter is an elderly voter.
        (6) The voter is prevented from voting due to the voter's care of an individual confined to a private residence because of illness or injury during the entire twelve (12) hours that the polls are open.
        (7) The voter is scheduled to work at the person's regular place of employment during the entire twelve (12) hours that the polls are open.
        (8) The voter is eligible to vote under IC 3-10-11 or IC 3-10-12.
        (9) The voter is prevented from voting due to observance of a religious discipline or religious holiday during the entire twelve (12) hours that the polls are open.
        (10) The voter is an address confidentiality program participant (as defined in IC 5-26.5-1-6).
        (11) The voter is a member of the military or public safety officer.
         (12) The voter is a serious sex offender (as defined in IC 35-42-4-14(a)).
    (b) A voter with disabilities who:
        (1) is unable to make a voting mark on the ballot or sign the absentee ballot secrecy envelope; and
        (2) requests that the absentee ballot be delivered to an address within Indiana;
must vote before an absentee voter board under section 25(b) of this chapter.
    (c) If a voter receives an absentee ballot by mail, the voter shall personally mark the ballot in secret and seal the marked ballot inside the envelope provided by the county election board for that purpose. The voter shall:
        (1) deposit the sealed envelope in the United States mail for delivery to the county election board; or
        (2) authorize a member of the voter's household or the individual designated as the voter's attorney in fact to:
            (A) deposit the sealed envelope in the United States mail; or
            (B) deliver the sealed envelope in person to the county election board.
    (d) If a member of the voter's household or the voter's attorney in fact delivers the sealed envelope containing a voter's absentee ballot to the county election board, the individual delivering the ballot shall complete an affidavit in a form prescribed by the commission. The affidavit must contain the following information:
        (1) The name and residence address of the voter whose absentee

ballot is being delivered.
        (2) A statement of the full name, residence and mailing address, and daytime and evening telephone numbers (if any) of the individual delivering the absentee ballot.
        (3) A statement indicating whether the individual delivering the absentee ballot is a member of the voter's household or is the attorney in fact for the voter. If the individual is the attorney in fact for the voter, the individual must attach a copy of the power of attorney for the voter, unless a copy of this document has already been filed with the county election board.
        (4) The date and location at which the absentee ballot was delivered by the voter to the individual delivering the ballot to the county election board.
        (5) A statement that the individual delivering the absentee ballot has complied with Indiana laws governing absentee ballots.
        (6) A statement that the individual delivering the absentee ballot is executing the affidavit under the penalties of perjury.
        (7) A statement setting forth the penalties for perjury.
    (e) The county election board shall record the date and time that the affidavit under subsection (d) was filed with the board.
    (f) After a voter has mailed or delivered an absentee ballot to the office of the circuit court clerk, the voter may not recast a ballot, except as provided in section 1.5 of this chapter.

SOURCE: IC 3-11-19; (12)IN0104.1.2. -->     SECTION 2. IC 3-11-19 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     Chapter 19. Serious Sex Offender Voting
    Sec. 1. At least sixty (60) days before an election, the circuit court clerk shall inform each person in the county who is a serious sex offender (as defined in IC 35-42-4-14(a)) and whose precinct polling place is located on school property that:
        (1) a serious sex offender who knowingly or intentionally enters school property commits unlawful entry by a serious sex offender, a Class D felony, under IC 35-42-4-14(b); and
        (2) a serious sex offender may vote by:
            (A) mail under IC 3-11-10-24;
            (B) absentee ballot at a satellite office established under IC 3-11-10-26.3 that is not a school;
            (C) absentee ballot in the office of the circuit court clerk or board of elections and registration in a county subject to IC 3-6-5.2; or
            (D) absentee ballot at a vote center under IC 3-11-18.1.

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    Sec. 2. The circuit court clerk may provide transportation to a serious sex offender described in section 1 of this chapter to facilitate the offender's voting at a circuit court clerk's office, satellite office, or vote center.

SOURCE: IC 11-10-12-4; (12)IN0104.1.3. -->     SECTION 3. IC 11-10-12-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. Upon the discharge of a criminal offender, the department shall do the following:
        (1) Certify the discharge to the clerk of the sentencing court, who shall make an entry on the record of judgment that the sentence has been satisfied.
        (2) Inform the criminal offender in writing of the right to register to vote under IC 3-7-13-5.
        (3) Provide the criminal offender with a copy of the voter's bill of rights prescribed by the Indiana election commission under IC 3-5-8.
         (4) If the criminal offender is a serious sex offender (as defined in IC 35-42-4-14(a)), inform the criminal offender that:
            (A) a serious sex offender who knowingly or intentionally enters school property commits unlawful entry by a serious sex offender, a Class D felony, under IC 35-42-4-14(b); and
            (B) a serious sex offender may be eligible to vote as described in IC 3-11-19-1(2).

SOURCE: IC 35-42-4-14; (12)IN0104.1.4. -->     SECTION 4. IC 35-42-4-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 14. (a) As used in this section, "serious sex offender" means a person required to register as a sex offender under IC 11-8-8 who is:
        (1) found to be a sexually violent predator under IC 35-38-1-7.5; or
        (2) convicted of one (1) or more of the following offenses:
            (A) Child molesting (IC 35-42-4-3).
            (B) Child exploitation (IC 35-42-4-4(b)).
            (C) Child solicitation (IC 35-42-4-6).
            (D) Child seduction (IC 35-42-4-7).
            (E) Possession of child pornography (IC 35-42-4-4(c)).
            (F) Vicarious sexual gratification (IC 35-42-4-5(a) and IC 35-42-4-5(b)).
            (G) Performing sexual conduct in the presence of a minor (IC 35-42-4-5(c)).
            (H) Sexual misconduct with a minor (IC 35-42-4-9).

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            (I) A conspiracy or an attempt to commit an offense described in clauses (A) through (H).
            (J) An offense in another jurisdiction that is substantially similar to an offense described in clauses (A) through (I).
     (b) A serious sex offender who knowingly or intentionally enters school property commits unlawful entry by a serious sex offender, a Class D felony.