Introduced Version






SENATE BILL No. 2

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 5-2-12; IC 11-13-3-4; IC 35-38-2; IC 35-49-3-3.

Synopsis: Sex offenders and obscenity. Permits a sheriff or the Indianapolis police chief to visit the listed residence of a sex offender to determine if the sex offender resides at the residence. Prohibits a sex offender who is required to register for life with the sex offender registry after June 30, 2006, from residing within 1,000 feet of school property or from establishing a new residence within one mile of the residence of the victim. Makes it a Class D felony to rent matter that is harmful to a minor within 500 feet of a school or church.

Effective: July 1, 2006.





Drozda




    January 9, 2006, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

Second Regular Session 114th General Assembly (2006)


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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SENATE BILL No. 2



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

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

SOURCE: IC 5-2-12-8.5; (06)IN0002.1.1. -->     SECTION 1. IC 5-2-12-8.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8.5. (a) To verify an offender's current residence, the sheriff (or the police chief of a consolidated city) shall do the following:
        (1) Mail each offender a registration form to the offender's listed address at least one (1) time per year, beginning seven (7) days after the sheriff (or the police chief of a consolidated city) receives a notice under section 14 of this chapter or the date the offender is:
            (A) released from a penal facility (as defined in IC 35-41-1-21), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;
            (B) placed in a community transition program;
            (C) placed in a community corrections program;
            (D) placed on parole; or
            (E) placed on probation;
        whichever occurs first.
        (2) Mail a registration form to each offender who is designated a sexually violent predator under IC 35-38-1-7.5 at least once every ninety (90) days, beginning seven (7) days after the sheriff (or the police chief of a consolidated city) receives a notice under section 14 of this chapter or the date the offender is:
            (A) released from a penal facility (as defined in IC 35-41-1-21), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;
            (B) placed in a community transition program;
            (C) placed in a community corrections program;
            (D) placed on parole; or
            (E) placed on probation;
whichever occurs first.
    (b) If an offender fails to return a signed registration form either by mail or in person, the sheriff (or the police chief of a consolidated city) shall immediately notify the institute and the prosecuting attorney.
     (c) A sheriff (or the police chief of a consolidated city) may visit an offender's listed residence to determine if the offender resides at the address.
SOURCE: IC 5-2-12-9; (06)IN0002.1.2. -->     SECTION 2. IC 5-2-12-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. An offender who knowingly or intentionally:
        (1) fails to register under this chapter; or
        (2) fails to complete and submit a new registration form as required under section 8(a) of this chapter; or
        (3) violates section 13.5 of this chapter;

commits a Class D felony. However, the offense is a Class C felony if the offender has a prior unrelated offense under this section.
SOURCE: IC 5-2-12-13.5; (06)IN0002.1.3. -->     SECTION 3. IC 5-2-12-13.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13.5. A person who is required to register for life under section 13 of this chapter after June 30, 2006, may not:
        (1) reside within one thousand (1,000) feet of school property (as defined in IC 35-41-1-24.7); or
        (2) establish a new residence within one (1) mile of the residence of the victim of the person's sex offense.

SOURCE: IC 11-13-3-4; (06)IN0002.1.4. -->     SECTION 4. IC 11-13-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) A condition to remaining on parole is that the parolee not commit a crime during the period of parole.
    (b) The parole board may also adopt, under IC 4-22-2, additional conditions to remaining on parole and require a parolee to satisfy one

(1) or more of these conditions. These conditions must be reasonably related to the parolee's successful reintegration into the community and not unduly restrictive of a fundamental right.
    (c) If a person is released on parole, the parolee shall be given a written statement of the conditions of parole. Signed copies of this statement shall be:
        (1) retained by the parolee;
        (2) forwarded to any person charged with the parolee's supervision; and
        (3) placed in the parolee's master file.
    (d) The parole board may modify parole conditions if the parolee receives notice of that action and had ten (10) days after receipt of the notice to express the parolee's views on the proposed modification. This subsection does not apply to modification of parole conditions after a revocation proceeding under section 10 of this chapter.
    (e) As a condition of parole, the parole board may require the parolee to reside in a particular parole area. In determining a parolee's residence requirement, the parole board shall:
        (1) consider:
            (A) the residence of the parolee prior to the parolee's incarceration; and
            (B) the parolee's place of employment; and
        (2) assign the parolee to reside in the county where the parolee resided prior to the parolee's incarceration unless assignment on this basis would be detrimental to the parolee's successful reintegration into the community.
    (f) As a condition of parole, the parole board may require the parolee to:
        (1) periodically undergo a laboratory chemical test (as defined in IC 14-15-8-1) or series of tests to detect and confirm the presence of a controlled substance (as defined in IC 35-48-1-9); and
        (2) have the results of any test under this subsection reported to the parole board by the laboratory.
The parolee is responsible for any charges resulting from a test required under this subsection. However, a person's parole may not be revoked on the basis of the person's inability to pay for a test under this subsection.
    (g) As a condition of parole, the parole board:
        (1) may require a parolee who is a sex and violent offender (as defined in IC 5-2-12-4) to:
            (A) participate in a treatment program for sex offenders approved by the parole board; and


            (B) avoid contact with any person who is less than sixteen (16) years of age unless the parolee:
                (i) receives the parole board's approval; or
                (ii) successfully completes the treatment program referred to in clause (A); and
        (2) shall:
            (A) require a parolee who is an offender (as defined in IC 5-2-12-4) to register with a sheriff (or the police chief of a consolidated city) under IC 5-2-12-5;
            (B) except as provided in IC 5-2-12-13.5, prohibit the offender from residing within one thousand (1,000) feet of school property (as defined in IC 35-41-1-24.7) for the period of parole, unless the offender obtains written approval from the parole board; and
            (C) except as provided in IC 5-2-12-13.5, prohibit a parolee who is an offender convicted of a sex offense (as defined in IC 35-38-2-2.5) from residing within one (1) mile of the victim of the offender's sex offense unless the offender obtains a waiver under IC 35-38-2-2.5.
If the parole board allows the offender to reside within one thousand (1,000) feet of school property under subdivision (2)(B), the parole board shall notify each school within one thousand (1,000) feet of the offender's residence of the order.
    (h) The address of the victim of a parolee who is an offender convicted of a sex offense (as defined in IC 35-38-2-2.5) is confidential, even if the offender obtains a waiver under IC 35-38-2-2.5.
SOURCE: IC 35-38-2-2.2; (06)IN0002.1.5. -->     SECTION 5. IC 35-38-2-2.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2.2. As a condition of probation for an offender (as defined in IC 5-2-12-4), the court shall:
        (1) require the offender to register with the sheriff (or the police chief of a consolidated city) under IC 5-2-12-5; and
        (2) except as provided in IC 5-2-12-13.5, prohibit the offender from residing within one thousand (1,000) feet of school property (as defined in IC 35-41-1-24.7) for the period of probation unless the offender obtains written approval from the court.
If the court allows the offender to reside within one thousand (1,000) feet of school property under subdivision (2), the court shall notify each school within one thousand (1,000) feet of the offender's residence of the order.
SOURCE: IC 35-38-2-2.5; (06)IN0002.1.6. -->     SECTION 6. IC 35-38-2-2.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2.5. (a) As used in this

section, "offender" means an individual convicted of a sex offense.
    (b) As used in this section, "sex offense" means any of the following:
        (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 battery (IC 35-42-4-8).
        (9) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
        (10) Incest (IC 35-46-1-3).
    (c) A condition of remaining on probation or parole after conviction for a sex offense is that the offender not reside within one (1) mile of the residence of the victim of the offender's sex offense.
    (d) An offender:
        (1) who will be placed on probation shall provide the sentencing court and the probation department with the address where the offender intends to reside during the period of probation:
            (A) at the time of sentencing, if the offender will be placed on probation without first being incarcerated; or
            (B) before the offender's release from incarceration, if the offender will be placed on probation after completing a term of incarceration; or
        (2) who will be placed on parole shall provide the parole board with the address where the offender intends to reside during the period of parole.
    (e) Except as provided in IC 5-2-12-13.5, an offender, while on probation or parole, may not establish a new residence within one (1) mile of the residence of the victim of the offender's sex offense unless the offender first obtains a waiver from the:
        (1) court, if the offender is placed on probation; or
        (2) parole board, if the offender is placed on parole;
for the change of address under subsection (f).
    (f) The court or parole board may waive the requirement set forth in subsection (c) only if the court or parole board, at a hearing at which the offender is present and of which the prosecuting attorney has been notified, determines that:
        (1) the offender has successfully completed a sex offender treatment program during the period of probation or parole;
        (2) the offender is in compliance with all terms of the offender's

probation or parole; and
        (3) good cause exists to allow the offender to reside within one (1) mile of the residence of the victim of the offender's sex offense.
    (g) If the court or parole board grants a waiver under subsection (f), the court or parole board shall state in writing the reasons for granting the waiver. The court's written statement of its reasons shall be incorporated into the record.
    (h) The address of the victim of the offender's sex offense is confidential even if the court or parole board grants a waiver under subsection (f).

SOURCE: IC 35-49-3-3; (06)IN0002.1.7. -->     SECTION 7. IC 35-49-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) Except as provided in subsection (b), a person who knowingly or intentionally:
        (1) disseminates matter to minors that is harmful to minors;
        (2) displays matter that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian;
        (3) sells, rents, or displays for sale to any person matter that is harmful to minors within five hundred (500) feet of the nearest property line of a school or church;
        (4) engages in or conducts a performance before minors that is harmful to minors;
        (5) engages in or conducts a performance that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian;
        (6) misrepresents the minor's age for the purpose of obtaining admission to an area from which minors are restricted because of the display of matter or a performance that is harmful to minors; or
        (7) misrepresents that the person is a parent or guardian of a minor for the purpose of obtaining admission of the minor to an area where minors are being restricted because of display of matter or performance that is harmful to minors;
commits a Class D felony.
    (b) This section does not apply if a person disseminates, displays, or makes available the matter described in subsection (a) through the Internet, computer electronic transfer, or a computer network unless:
        (1) the matter is obscene under IC 35-49-2-1;
        (2) the matter is child pornography under IC 35-42-4-4; or
        (3) the person distributes the matter to a child less than eighteen (18) years of age believing or intending that the recipient is a

child less than eighteen (18) years of age.

SOURCE: ; (06)IN0002.1.8. -->     SECTION 8. [EFFECTIVE JULY 1, 2006] IC 11-13-3-4, IC 35-38-2-2.2, and IC 35-38-2-2.5, all as amended by this act, apply only to persons who are required to:
        (1) register under IC 5-2-12-5; or
        (2) submit a new registration form under IC 5-2-12-8;
after June 30, 2006.