Citations Affected: IC 5-2-12 ; IC 36-2-13-5.5 .
Synopsis: Sex offender registration. Requires persons convicted of
possession of child pornography to register as sex offenders. Increases
the penalty for a person who fails to register as a sex offender to a Class
C felony for the first offense and a Class B felony for a subsequent
offense. Removes a provision permitting offenders adjudicated as
sexually violent predators to be removed from the directory. Specifies
that the sex offender web site is to be: (1) operated by the Indiana
sheriff's association; and (2) updated every 30 days.
Effective: July 1, 2003.
January 9, 2003, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
, AS AMENDED BY P.L.116-2002,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 4. (a) As used in this chapter, "offender" means
a person convicted of any of the following sex and violent offenses:
(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 (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).
(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.
offender is no longer a sexually violent predator under
(c) An offender who is convicted of at least one (1) sex and violent offense that the offender committed:
(1) when the person was at least eighteen (18) years of age; and
(2) against a victim who was less than twelve (12) years of age at the time of the crime;
is required to register for life.
(d) An offender who is convicted of at least one (1) sex and violent offense in which the offender:
(1) proximately caused serious bodily injury or death to the victim;
(2) used force or the threat of force against the victim or a member of the victim's family; or
(3) rendered the victim unconscious or otherwise incapable of giving voluntary consent;
is required to register for life.
(e) An offender who is convicted of at least two (2) unrelated sex and violent offenses is required to register for life.
SECTION 4. IC 36-2-13-5.5 , AS ADDED BY P.L.116-2002, SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5.5. (a) The sheriffs shall jointly establish and maintain a sex offender web site, known as the Indiana sheriffs' sex offender registry, to inform the general public about the identity, location, and appearance of every sex offender residing within Indiana. The web site must provide information regarding each sex offender, organized by county of residence. The web site shall be operated by the Indiana sheriff's association. The Indiana sheriff's association shall ensure that the web site is updated at least every thirty (30) days.
(b) The sex offender web site must include the following information:
(1) A recent photograph of every sex offender who has registered with a sheriff after the effective date of this chapter.
(2) The home address of every sex offender.
(3) The information required to be included in the sex offender directory (IC 5-2-12-6).
(c) Every time a sex offender submits a new registration form to the sheriff, but at least once per year, the sheriff shall photograph the sex offender. The sheriff shall place this photograph on the sex offender web site.
(d) The photograph of a sex offender described in subsection (c)
must meet the following requirements:
(1) The photograph must be full face, front view, with a plain white or off-white background.
(2) The image of the offender's face, measured from the bottom of the chin to the top of the head, must fill at least seventy-five percent (75%) of the photograph.
(3) The photograph must be in color.
(4) The photograph must show the offender dressed in normal street attire, without a hat or headgear that obscures the hair or hairline.
(5) If the offender normally and consistently wears prescription glasses, a hearing device, wig, or a similar article, the photograph must show the offender wearing those items. A photograph may not include dark glasses or nonprescription glasses with tinted lenses unless the offender can provide a medical certificate demonstrating that tinted lenses are required for medical reasons.
(6) The photograph must have sufficient resolution to permit the offender to be easily identified by a person accessing the sex offender web site.
(e) The sex offender web site may be funded from:
(1) the jail commissary fund (IC 36-8-10-21);
(2) a grant from the criminal justice institute; and
(3) any other source, subject to the approval of the county fiscal body.