Introduced Version






HOUSE BILL No. 1253

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 5-2-5-16 ; IC 35-38-4-7 .

Synopsis: Criminal records of juveniles. Provides for the sealing of criminal history data concerning an act committed by a person before the person became 18 years of age ten years after the person was last adjudicated a delinquent child. Specifies that this provision does not apply to a person who: (1) commits a sex offense, certain violent offenses, or murder; (2) is in a penal facility when the person is at least 22 years of age; (3) is arrested for a felony after the person becomes 18 years of age; or (4) has been convicted of a felony within ten years of the person being adjudicated a delinquent child.

Effective: July 1, 2003.





Smith V, Brown C




    January 13, 2003, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 113th General Assembly (2003)


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HOUSE BILL No. 1253



    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 5-2-5-16; (03)IN1253.1.1. -->     SECTION 1. IC 5-2-5-16 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 16. (a) This section does not apply to the following persons:
        (1) An offender (as defined in IC 5-2-12-4 ) subject to sex offender registration.
        (2) A person convicted of murder.
        (3) A person who is in a penal facility ten (10) years after the person was last adjudicated a delinquent child.
    (b) Subject to this section, if:
        (1) the department, a criminal justice agency, or a juvenile justice agency possesses criminal history information relating to an act that a person committed or allegedly committed before the person became eighteen (18) years of age;
        (2) the:
            (A) department; or
            (B) criminal justice agency, after checking with the

department;
        does not find that the person was arrested for a felony that the person committed after the person became eighteen (18) years of age; and

         (3) the person has not been convicted of a felony during the ten (10) years since the person was last adjudicated a delinquent child;
the department, criminal justice agency, or juvenile justice agency shall seal the person's criminal history data ten (10) years after the person was last adjudicated a delinquent child.
    (c) Except as provided under subsection (d), the department,
criminal justice agency, or juvenile justice agency may not release sealed criminal history data to, or allow inspection of sealed criminal history data by, any agency or person other than the person who is the subject of the criminal history data.
    (d) A court may order the release or inspection of sealed criminal history data only if:
        (1) the person who is the subject of the sealed criminal history data challenges its existence during a court proceeding;
or
        (2) the person who is the subject of the sealed criminal history is arrested in the United States or in another country for an act that:
            (A) the person committed after the person became eighteen (18) years of age; and
            (B) is a felony in Indiana or the equivalent of a felony in Indiana.
Criminal history data ordered released under subdivision (1) is unsealed only to the extent reasonably necessary to refute the claim under subdivision (1) that the sealed criminal history data does not exist. Criminal history data ordered released under subdivision (2) may be released or inspected as if the criminal history data had never been sealed.

SOURCE: IC 35-38-4-7; (03)IN1253.1.2. -->     SECTION 2. IC 35-38-4-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. (a) This section does not apply to the following:
        (1) An offender (as defined in IC 5-2-12-4 ) subject to sex offender registration.
        (2) A person convicted of murder.
        (3) A person who is in a penal facility ten (10) years after the person was last adjudicated a delinquent child.
    (b) Subject to this section, if a court:
        (1) possesses criminal history data (as defined in IC 5-2-5-1 )

or other records relating to a criminal act that a person committed or allegedly committed before the person became eighteen (18) years of age;
        (2) after checking with the state police department, does not find that the person was arrested for a felony that the person committed or allegedly committed after the person became eighteen (18) years of age; and

         (3) finds that the person has not been convicted of a felony during the ten (10) years since the person was last adjudicated a delinquent child;
the court shall seal the person's criminal history data (as defined in IC 5-2-5-1 ) or other related court records ten (10) years after the person was last adjudicated a delinquent child.
    (c) Except as provided in subsection (d), the court may not release sealed criminal history data (as defined in IC 5-2-5-1 ) or related court records to, or allow inspection of sealed criminal history data (as defined in IC 5-2-5-1 ) or related court records by, any agency or person other than the person who is the subject of the criminal history data (as defined in IC 5-2-5-1 ) or related court records.
    (d) A court may order the release or inspection of sealed criminal history data (as defined in IC 5-2-5-1 ) or related court records only if:
        (1) the person who is the subject of the sealed criminal history data challenges its existence during a court proceeding;
or
        (2) the person who is the subject of the sealed criminal history is arrested in the United States or in another country for an act that:
            (A) the person committed after the person became eighteen (18) years of age; and
            (B) is a felony in Indiana or the equivalent of a felony in Indiana.
Criminal history data ordered released under subdivision (1) is unsealed only to the extent reasonably necessary to refute the claim under subdivision (1) that the sealed criminal history data does not exist. Criminal history data ordered released under subdivision (2) may be released or inspected as if the criminal history data had never been sealed.

SOURCE: ; (03)IN1253.1.3. -->     SECTION 3. [EFFECTIVE JULY 1, 2003] IC 5-2-5-16 and IC 35-38-4-7 , both as added by this act, apply only to a person who:
        (1) was last adjudicated a delinquent child after June 30, 1993; or
        (2) was last adjudicated a delinquent child before July 1, 1993, and petitions a court, the state police department, a juvenile justice agency, or a criminal justice agency that possesses criminal justice information to seal the person's criminal history information after June 30, 2003.