Introduced Version






SENATE BILL No. 331

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-38-1-1.5; IC 35-50-2-7.

Synopsis: Cause numbers. Provides that if: (1) a court converts a person's Class D felony conviction to a Class A misdemeanor; and (2) the person has no other felony convictions filed under the same cause number; the court shall enter a new cause number for the proceeding that designates it as a misdemeanor case and not as a felony case. Makes technical corrections.

Effective: July 1, 2013.





Kruse




    January 8, 2013, read first time and referred to Committee on Corrections & Criminal Law.







Introduced

First Regular Session 118th General Assembly (2013)


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. 331



    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 35-38-1-1.5; (13)IN0331.1.1. -->     SECTION 1. IC 35-38-1-1.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1.5. (a) A court may enter judgment of conviction as a Class D felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor within three (3) years if the person fulfills certain conditions. A court may enter a judgment of conviction as a Class D felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor only if the person pleads guilty to a Class D felony that qualifies for consideration as a Class A misdemeanor under IC 35-50-2-7, and the following conditions are met:
        (1) The prosecuting attorney consents.
        (2) The person agrees to the conditions set by the court.
    (b) For a judgment of conviction to be entered under subsection (a), the court, the prosecuting attorney, and the person must all agree to the conditions set by the court under subsection (a).
    (c) The court is not required to convert a judgment of conviction

entered as a Class D felony to a Class A misdemeanor if, after a hearing, the court finds:
        (1) the person has violated a condition set by the court under subsection (a); or
        (2) the period that the conditions set by the court under subsection (a) are in effect expires before the person successfully completes each condition.
However, the court may not convert a judgment of conviction entered as a Class D felony to a Class A misdemeanor if the person commits a new offense before the conditions set by the court under subsection (a) expire.
    (d) The court shall enter judgment of conviction as a Class A misdemeanor if the person fulfills the conditions set by the court under subsection (a).
    (e) The entry of a judgment of conviction under this section does not affect the application of any statute requiring the suspension of a person's driving privileges.
    (f) This section may not be construed to diminish or alter the rights of a victim (as defined in IC 35-40-4-8) in a sentencing proceeding under this chapter.
     (g) If:
        (1) a court converts a person's Class D felony conviction to a Class A misdemeanor conviction under this section; and
        (2) the person had no other felony convictions filed under the same cause number;
the court shall enter a new cause number for the proceeding that designates it as a criminal misdemeanor case and not as a felony case.

SOURCE: IC 35-50-2-7; (13)IN0331.1.2. -->     SECTION 2. IC 35-50-2-7, AS AMENDED BY P.L.69-2012, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) A person who commits a Class D felony shall be imprisoned for a fixed term of between six (6) months and three (3) years, with the advisory sentence being one and one-half (1 1/2) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
    (b) Notwithstanding subsection (a), if a person has committed a Class D felony, the court may enter judgment of conviction of a Class A misdemeanor and sentence accordingly. However, the court shall enter a judgment of conviction of a Class D felony if:
        (1) the court finds that:
            (A) the person has committed a prior, unrelated felony for which judgment was entered as a conviction of a Class A

misdemeanor; and
            (B) the prior felony was committed less than three (3) years before the second felony was committed;
        (2) the offense is domestic battery as a Class D felony under IC 35-42-2-1.3; or
        (3) the offense is possession of child pornography (IC 35-42-4-4(c)).
The court shall enter in the record, in detail, the reason for its action whenever it exercises the power to enter judgment of conviction of a Class A misdemeanor granted in this subsection.
    (c) Notwithstanding subsection (a), the sentencing court may convert a Class D felony conviction to a Class A misdemeanor conviction if, after receiving a verified petition as described in subsection (d) and after conducting a hearing of which the prosecuting attorney has been notified, the court makes the following findings:
        (1) The person is not a sex or violent offender (as defined in IC 11-8-8-5).
        (2) The person was not convicted of a Class D felony that resulted in bodily injury to another person.
        (3) The person has not been convicted of perjury under IC 35-44-2-1 IC 35-44.1-2-1 or official misconduct under IC 35-44-1-2. IC 35-44.1-1-1.
        (4) At least three (3) years have passed since the person:
            (A) completed the person's sentence; and
            (B) satisfied any other obligation imposed on the person as part of the sentence;
        for the Class D felony.
        (5) The person has not been convicted of a felony since the person:
            (A) completed the person's sentence; and
            (B) satisfied any other obligation imposed on the person as part of the sentence;
        for the Class D felony.
        (6) No criminal charges are pending against the person.
    (d) A petition filed under subsection (c) must be verified and set forth:
        (1) the crime the person has been convicted of;
        (2) the date of the conviction;
        (3) the date the person completed the person's sentence;
        (4) any obligations imposed on the person as part of the sentence;
        (5) the date the obligations were satisfied; and
        (6) a verified statement that there are no criminal charges pending

against the person.
    (e) If a person whose Class D felony conviction has been converted to a Class A misdemeanor conviction under subsection (c) is convicted of a felony within five (5) years after the conversion under subsection (c), a prosecuting attorney may petition a court to convert the person's Class A misdemeanor conviction back to a Class D felony conviction.
     (f) If:
        (1) a court converts a person's Class D felony conviction to a Class A misdemeanor conviction under this section; and
        (2) the person has no other felony convictions filed under the same cause number;
the court shall enter a new cause number for the proceeding that designates it as a criminal misdemeanor case and not as a felony case.