Introduced Version






HOUSE BILL No. 1361

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 11-8-8-19.

Synopsis: Sex offender registry. Specifies that the registration period of a sex or violent offender who is required to register in another jurisdiction is tolled during any period in which the sex or violent offender is incarcerated. (Under current law, the registration period of a sex or violent offender who is required to register under Indiana law is tolled during any period in which the sex or violent offender is incarcerated). Provides that the registration period of a sex offender or violent offender (whether required to register under Indiana law or the law of another jurisdiction) who is convicted of failure to register as a sex or violent offender is tolled for the period during which the person failed to register, beginning on the last date the person registered.

Effective: July 1, 2009.





Stemler




    January 13, 2009, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 116th General Assembly (2009)


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HOUSE BILL No. 1361



    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 11-8-8-19; (09)IN1361.1.1. -->     SECTION 1. IC 11-8-8-19, AS AMENDED BY P.L.119-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 19. (a) Except as provided in subsections (b) through (e), a sex or violent offender is required to register under this chapter until the expiration of ten (10) years after the date the sex or violent offender:
        (1) is released from a penal facility (as defined in IC 35-41-1-21) or a secure juvenile detention facility of a state or another jurisdiction;
        (2) is placed in a community transition program;
        (3) is placed in a community corrections program;
        (4) is placed on parole; or
        (5) is placed on probation;
for the sex or violent offense requiring registration, whichever occurs last. The registration period is tolled during any period that the sex or violent offender is incarcerated. In addition, if the person is convicted of failure to register as a sex or violent offender under

section 17 of this chapter, the registration period is tolled for the period during which the person failed to register, beginning on the last date the person registered. The registration period does not restart if the offender is convicted of a subsequent offense; however, if the subsequent offense is a sex or violent offense, a new registration period may be imposed in accordance with this chapter. The department shall ensure that an offender who is no longer required to register as a sex or violent offender is notified that the obligation to register has expired.
    (b) A sex or violent offender who is a sexually violent predator is required to register for life.
    (c) A sex or violent offender who is convicted of at least one (1) offense under section 5(a) of this chapter that the sex or violent 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) A sex or violent offender who is convicted of at least one (1) offense under section 5(a) of this chapter in which the sex 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, unless the offense is sexual battery as a Class D felony; or
        (3) rendered the victim unconscious or otherwise incapable of giving voluntary consent;
is required to register for life.
    (e) A sex or violent offender who is convicted of at least two (2) unrelated offenses under section 5(a) of this chapter is required to register for life.
    (f) A person who is required to register as a sex or violent offender in any jurisdiction shall register for the period required by the other jurisdiction or the period described in this section, whichever is longer. The registration period is tolled during any period in which the sex or violent offender is incarcerated. In addition, if the person is convicted of failure to register as a sex or violent offender under section 17 of this chapter, the registration period is tolled for the period during which the person failed to register, beginning on the last date the person registered.