Introduced Version
HOUSE BILL No. 1308
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 5-2-6-3; IC 5-2-12-4.
Synopsis: Federal court sex and violent offenders. Expands the
definition of offender for purposes of names that are required to be part
of the sex and violent offender registry to include offenders who are
convicted of certain sex and violent offenses in federal court. Makes a
conforming amendment.
Effective: July 1, 2000.
Bosma
January 11, 2000, read first time and referred to Committee on Courts and Criminal Code.
Introduced
Second Regular Session 111th General Assembly (2000)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1308
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-2-6-3; (00)IN1308.1.1. -->
SECTION 1. IC
5-2-6-3
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 3. (a) The institute is established to
do the following:
(1) Evaluate state and local programs associated with:
(A) the prevention, detection, and solution of criminal
offenses;
(B) law enforcement; and
(C) the administration of criminal and juvenile justice.
(2) Improve and coordinate all aspects of law enforcement,
juvenile justice, and criminal justice in this state.
(3) Stimulate criminal and juvenile justice research.
(4) Develop new methods for the prevention and reduction of
crime.
(5) Prepare applications for funds under the Omnibus Act and the
Juvenile Justice Act.
(6) Administer victim and witness assistance funds.
(7) Administer the traffic safety functions assigned to the institute
under IC
9-27-2
.
(8) Compile and analyze information and disseminate the
information to persons who make criminal justice decisions in this
state.
(9) Serve as the criminal justice statistical analysis center for this
state.
(10) Establish and maintain, in cooperation with the office of the
secretary of family and social services, a sex and violent offender
registry.
(11) Administer the application and approval process for
designating an area of a consolidated or second class city as a
public safety improvement area under IC
36-8-19.5
.
(b) The registry established under subsection (a)(10) must include
the names of all persons who:
(1) have been convicted in Indiana before or after June 30, 1998,
of:
(A) rape (IC 35-42-4-1);
(B) criminal deviate conduct (IC 35-42-4-2);
(C) child molesting (IC 35-42-4-3);
(D) child exploitation (IC 35-42-4-4(b));
(E) vicarious sexual gratification (IC 35-42-4-5);
(F) child solicitation (IC 35-42-4-6);
(G) child seduction (IC 35-42-4-7);
(H) sexual misconduct with a minor as a Class A or Class B
felony (IC 35-42-4-9);
(I) incest (IC 35-46-1-3); or
(J) sexual battery (IC 35-42-4-8);
(2) have been convicted in Indiana after June 30, 1998, of:
(A) kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age; or
(B) criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age; or
(3) are residing in Indiana and have been convicted in another
state of an offense that is substantially equivalent to any of the sex
offenses specified in subdivision (1) or violent offenses specified
in subdivision (2). each offender (as defined in IC 5-2-12-4)
who is required to register with a local law enforcement
authority under IC 5-2-12-5.
SOURCE: IC 5-2-12-4; (00)IN1308.1.2. -->
SECTION 2.
IC 5-2-12-4
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 4. As used in this chapter,
"offender" refers to:
(1) a person convicted in Indiana after June 30, 1994, of:
(A) rape (IC 35-42-4-1);
(B) criminal deviate conduct (IC 35-42-4-2);
(C) child molesting (IC 35-42-4-3);
(D) child exploitation (IC 35-42-4-4(b));
(E) vicarious sexual gratification (IC 35-42-4-5);
(F) child solicitation (IC 35-42-4-6);
(G) child seduction (IC 35-42-4-7);
(H) sexual misconduct with a minor as a Class A or Class B
felony (IC 35-42-4-9);
(I) incest (IC 35-46-1-3);
or
(J) sexual battery (IC 35-42-4-8);
(2) a person convicted in Indiana after June 30, 1998, of:
(A) kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age; or
(B) criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age;
(3) a child who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, or is discharged from a
facility by the department of correction as a result of an
adjudication as a delinquent child for an act that would be an
offense described in subdivision (1) or (2) 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
subdivision (1) or (2) if committed by an adult;
or
(4) a person residing in Indiana who was convicted after:
(A) June 30, 1994, in another state of an offense that is
substantially equivalent to any of the sex offenses listed in
subdivision (1); or
(B) June 30, 1998, in another state of an offense that is
substantially equivalent to any of the violent offenses listed in
subdivision (2);
or
(5) a person residing in Indiana for whom a judgment of
conviction was entered in federal court after June 30, 2000,
for an offense that is substantially equivalent to any of:
(A) the sex offenses listed in subdivision (1); or
(B) the violent offenses listed in subdivision (2).