Citations Affected:
IC 35-38-1-7.1
;
IC 35-38-1-8.7.
Synopsis: Neighborhood impact statements. Authorizes a prosecuting
attorney, in a prosecution involving a controlled substance offense, to
submit a neighborhood impact statement describing the effect of the
offense upon the neighborhood in which it was committed. Requires
the court to consider the neighborhood impact statement when
determining what sentence to impose for a controlled substance
offense.
Effective: July 1, 2002.
January 8, 2002, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1.
IC 35-38-1-7.1
, AS AMENDED BY P.L.280-2001,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 7.1. (a) In determining what sentence to impose
for a crime, the court shall consider:
(1) the risk that the person will commit another crime;
(2) the nature and circumstances of the crime committed;
(3) the person's:
(A) prior criminal record;
(B) character; and
(C) condition;
(4) whether the victim of the crime was less than twelve (12)
years of age or at least sixty-five (65) years of age;
(5) whether the person committed the offense in the presence or
within hearing of a person who is less than eighteen (18) years of
age who was not the victim of the offense;
(6) whether the person violated a protective order issued against
the person under IC 31-15 or IC 31-16 (or
IC 31-1-11.5
before its
repeal) or
IC 34-26-2
(or
IC 34-4-5.1
before its repeal); and
(7) any oral or written statement made by a victim of the crime;
and
(8) any neighborhood impact statement submitted under
section 8.7 of this chapter with respect to a controlled
substance offense.
(b) The court may consider the following factors as aggravating
circumstances or as favoring imposing consecutive terms of
imprisonment:
(1) The person has recently violated the conditions of any
probation, parole, or pardon granted to the person.
(2) The person has a history of criminal or delinquent activity.
(3) The person is in need of correctional or rehabilitative
treatment that can best be provided by commitment of the person
to a penal facility.
(4) Imposition of a reduced sentence or suspension of the
sentence and imposition of probation would depreciate the
seriousness of the crime.
(5) The victim of the crime was less than twelve (12) years of age
or at least sixty-five (65) years of age.
(6) The victim of the crime was mentally or physically infirm.
(7) The person committed a forcible felony while wearing a
garment designed to resist the penetration of a bullet.
(8) The person committed a sex crime listed in subsection (e) and:
(A) the crime created an epidemiologically demonstrated risk
of transmission of the human immunodeficiency virus (HIV)
and involved the sex organ of one (1) person and the mouth,
anus, or sex organ of another person;
(B) the person had knowledge that the person was a carrier of
HIV; and
(C) the person had received risk counseling as described in
subsection (g).
(9) The person committed an offense related to controlled
substances listed in subsection (f) if:
(A) the offense involved:
(i) the delivery by any person to another person; or
(ii) the use by any person on another person;
of a contaminated sharp (as defined in
IC 16-41-16-2
) or other
paraphernalia that creates an epidemiologically demonstrated
risk of transmission of HIV by involving percutaneous contact;
(B) the person had knowledge that the person was a carrier of
the human immunodeficiency virus (HIV); and
court in a prosecution involving a controlled substance offense
under
IC 35-48-4.
(b) A neighborhood impact statement consists of information
about how the controlled substance offense has affected the quality
of life in the neighborhood where the controlled substance offense
occurred.
(c) A neighborhood impact statement submitted to a sentencing
court under this section must include the following information:
(1) A summary of the financial, emotional, and physical
effects of the controlled substance offense experienced by
persons residing or conducting business within the
neighborhood.
(2) Any written statements submitted to the prosecuting
attorney's office by a person residing or conducting business
within the neighborhood.
SECTION 3. [EFFECTIVE JULY 1, 2002]
IC 35-38-1-7.1
, as
amended by this act, applies only to controlled substance offenses
committed under
IC 35-48-4
after June 30, 2002.