Reprinted

February 28, 2012





ENGROSSED

HOUSE BILL No. 1080

_____


DIGEST OF HB 1080 (Updated February 27, 2012 4:11 pm - DI 106)



Citations Affected: IC 11-8; IC 35-42; noncode.

Synopsis: Sex offenders. Provides that a person is considered to be a sex offender who must register as a sex or violent offender with the appropriate law enforcement agency if the person is: (1) a public servant or other person employed by a governmental entity or another person who provides goods or services to a person who is subject to lawful detention; and (2) convicted of engaging in sexual intercourse or deviate sexual conduct with another person who is subject to lawful detention. Urges the legislative council to study the topic of sexual battery during the 2012 interim. Creates a defense to the offense of recruiting, harboring, or transporting a child less than sixteen years of age with the intent of inducing the child to participate in sexual conduct if: (1) the child is 14 or 15 years old and the person is less than 18 years old; or (2) the person is within four years of the child's age, the person was in a dating relationship with the child, and certain other conditions apply.

Effective: July 1, 2012.





Frye R, Eberhart
(SENATE SPONSORS _ ECKERTY, RANDOLPH, HUME)




    January 9, 2012, read first time and referred to Committee on Courts and Criminal Code.
    January 23, 2012, reported _ Do Pass.
    January 26, 2012, read second time, ordered engrossed. Engrossed.
    January 27, 2012, read third time, passed. Yeas 92, nays 0.

SENATE ACTION

    February 1, 2012, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
    February 23, 2012, amended, reported favorably _ Do Pass.
    February 27, 2012, read second time, amended, ordered engrossed.





Reprinted

February 28, 2012

Second Regular Session 117th General Assembly (2012)


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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2011 Regular Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1080



    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 11-8-8-4.5; (12)EH1080.2.1. -->     SECTION 1. IC 11-8-8-4.5, AS ADDED BY P.L.216-2007, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4.5. (a) Except as provided in section 22 of this chapter, as used in this chapter, "sex offender" means a person convicted of any of the following 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 (including performing sexual conduct in the presence of a minor) (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), unless:
            (A) the person is convicted of sexual misconduct with a minor as a Class C felony;
            (B) the person is not more than:
                (i) four (4) years older than the victim if the offense was committed after June 30, 2007; or
                (ii) five (5) years older than the victim if the offense was committed before July 1, 2007; and
            (C) the sentencing court finds that the person should not be required to register as a sex offender.
        (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, and the person who kidnapped the victim is not the victim's parent or guardian.
        (12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim's parent or guardian.
        (13) Possession of child pornography (IC 35-42-4-4(c)).
        (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
        (15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the victim is less than eighteen (18) years of age.
        (16) Sexual trafficking of a minor (IC 35-42-3.5-1(b)).
        (17) Human trafficking (IC 35-42-3.5-1(c)(3)) if the victim is less than eighteen (18) years of age.
         (18) Sexual misconduct by a service provider (IC 35-44-1-5).
        (18) (19) An attempt or conspiracy to commit a crime listed in subdivisions (1) through (17). (18).
        (19) (20) A crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in subdivisions (1) through (18). (19).
    (b) The term includes:
        (1) a person who is required to register as a sex offender in any jurisdiction; and
        (2) a child who has committed a delinquent act and who:
            (A) is at least fourteen (14) years of age;
            (B) is on probation, is on parole, is discharged from a facility by the department of correction, is discharged from a secure private facility (as defined in IC 31-9-2-115), or is discharged from a juvenile detention facility as a result of an adjudication as a delinquent child for an act that would be an offense described in subsection (a) if committed by an adult; and
            (C) is found by a court by clear and convincing evidence to be likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.
    (c) In making a determination under subsection (b)(2)(C), the court shall consider expert testimony concerning whether a child is likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.
SOURCE: IC 11-8-8-5; (12)EH1080.2.2. -->     SECTION 2. IC 11-8-8-5, AS AMENDED BY P.L.216-2007, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) Except as provided in section 22 of this chapter, as used in this chapter, "sex or violent offender" means a person convicted of any of the following 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 (including performing sexual conduct in the presence of a minor) (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), unless:
            (A) the person is convicted of sexual misconduct with a minor as a Class C felony;
            (B) the person is not more than:
                (i) four (4) years older than the victim if the offense was committed after June 30, 2007; or
                (ii) five (5) years older than the victim if the offense was committed before July 1, 2007; and
            (C) the sentencing court finds that the person should not be required to register as a sex offender.
        (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, and the person who kidnapped the victim is not the victim's parent or guardian.
        (12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim's parent or guardian.
        (13) Possession of child pornography (IC 35-42-4-4(c)).
        (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
        (15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the victim is less than eighteen (18) years of age.
        (16) Sexual trafficking of a minor (IC 35-42-3.5-1(b)).
        (17) Human trafficking (IC 35-42-3.5-1(c)(3)) if the victim is less

than eighteen (18) years of age.
        (18) Murder (IC 35-42-1-1).
        (19) Voluntary manslaughter (IC 35-42-1-3).
         (20) Sexual misconduct by a service provider (IC 35-44-1-5).
        (20) (21) An attempt or conspiracy to commit a crime listed in subdivisions (1) through (19). (20).
        (21) (22) A crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in subdivisions (1) through (20). (21).
    (b) The term includes:
        (1) a person who is required to register as a sex or violent offender in any jurisdiction; and
        (2) a child who has committed a delinquent act and who:
            (A) is at least fourteen (14) years of age;
            (B) is on probation, is on parole, is discharged from a facility by the department of correction, is discharged from a secure private facility (as defined in IC 31-9-2-115), or is discharged from a juvenile detention facility as a result of an adjudication as a delinquent child for an act that would be an offense described in subsection (a) if committed by an adult; and
            (C) is found by a court by clear and convincing evidence to be likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.
    (c) In making a determination under subsection (b)(2)(C), the court shall consider expert testimony concerning whether a child is likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.

SOURCE: IC 35-42-3.5-1; (12)EH1080.2.3. -->     SECTION 3. IC 35-42-3.5-1, AS AMENDED BY SEA 4-2012, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) A person who, by force, threat of force, or fraud, knowingly or intentionally recruits, harbors, or transports another person:
        (1) to engage the other person in:
            (A) forced labor; or
            (B) involuntary servitude; or
        (2) to force the other person into:
            (A) marriage;
            (B) prostitution; or
            (C) participating in sexual conduct (as defined by IC 35-42-4-4);
commits promotion of human trafficking, a Class B felony.
    (b) A person who knowingly or intentionally recruits, harbors, or

transports a child less than sixteen (16) years of age with the intent of:
        (1) engaging the child in:
            (A) forced labor; or
            (B) involuntary servitude; or
        (2) inducing or causing the child to:
            (A) engage in prostitution; or
            (B) participate in sexual conduct (as defined by IC 35-42-4-4);
commits promotion of human trafficking of a minor, a Class B felony. Except as provided in subsection (e), it is not a defense to a prosecution under this subsection that the child consented to engage in prostitution or to participate in sexual conduct.
    (c) A person who is at least eighteen (18) years of age who knowingly or intentionally sells or transfers custody of a child less than sixteen (16) years of age for the purpose of prostitution or participating in sexual conduct (as defined by IC 35-42-4-4) commits sexual trafficking of a minor, a Class A felony.
    (d) A person who knowingly or intentionally pays, offers to pay, or agrees to pay money or other property to another person for an individual who the person knows has been forced into:
        (1) forced labor;
        (2) involuntary servitude; or
        (3) prostitution;
commits human trafficking, a Class C felony.
     (e) It is a defense to a prosecution under subsection (b)(2)(B) if:
        (1) the child is at least fourteen (14) years of age but less than sixteen (16) years of age and the person is less than eighteen (18) years of age; or
        (2) all the following apply:
            (A) The person is not more than four (4) years older than the victim.
            (B) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term "ongoing personal relationship" does not include a family relationship.
            (C) The crime:
                (i) was not committed by a person who is at least twenty-one (21) years of age;
                (ii) was not committed by using or threatening the use of deadly force;
                (iii) was not committed while armed with a deadly weapon;
                (iv) did not result in serious bodily injury;


                (v) was not facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; and
                (vi) was not committed by a person having a position of authority or substantial influence over the victim.
            (D) The person has not committed another sex offense (as defined in IC 11-8-8-5.2), including a delinquent act that would be a sex offense if committed by an adult, against any other person.

SOURCE: ; (12)EH1080.2.4. -->     SECTION 4. [EFFECTIVE JULY 1, 2012] (a) The general assembly urges the legislative council to study, during the 2012 legislative interim, the topic of sexual battery.
    (b) If the topic of sexual battery is studied under subsection (a), the study committee to which the topic is assigned shall consider whether the touching of a person who is unaware that the touching is occurring should be classified as sexual battery, and, if so, under which circumstances.
    (c) If the topic of sexual battery is studied under subsection (a), the study committee to which the topic is assigned shall issue a final report to the legislative council containing the study committee's findings and recommendations, including any recommended legislation concerning the topic, not later than November 1, 2012.
    (d) This SECTION expires December 31, 2012.