Citations Affected: IC 5-2; IC 36-2.
Synopsis: Sex offender registration. Requires persons convicted of
possession of child pornography to register as sex offenders. Increases
the penalty for a person who fails to register as a sex offender to a Class
B felony for a subsequent offense. Removes a provision permitting
offenders adjudicated as sexually violent predators to be removed from
the directory. Specifies that the sex offender web site is to be: (1)
operated by the Indiana sheriff's association; and (2) updated every 7
days.
Effective: July 1, 2003.
January 9, 2003, read first time and referred to Committee on Judiciary.
February 13, 2003, amended, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
SECTION 1. IC 5-2-12-4, AS AMENDED BY P.L.116-2002,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 4. (a) As used in this chapter, "offender" means
a person convicted of any of the following sex and violent 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 (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).
(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.
offender is no longer a sexually violent predator under
IC 35-38-1-7.5(c).
(c) An offender who is convicted of at least one (1) sex and violent
offense that the 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) An offender who is convicted of at least one (1) sex and violent
offense in which the 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; or
(3) rendered the victim unconscious or otherwise incapable of
giving voluntary consent;
is required to register for life.
(e) An offender who is convicted of at least two (2) unrelated sex
and violent offenses is required to register for life.
SECTION 4. IC 36-2-13-5.5, AS ADDED BY P.L.116-2002,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 5.5. (a) The sheriffs shall jointly establish and
maintain a sex offender web site, known as the Indiana sheriffs' sex
offender registry, to inform the general public about the identity,
location, and appearance of every sex offender residing within Indiana.
The web site must provide information regarding each sex offender,
organized by county of residence. The web site shall be operated by
the Indiana sheriff's association. The Indiana sheriff's association
shall ensure that the web site is updated at least every seven (7)
days.
(b) The sex offender web site must include the following
information:
(1) A recent photograph of every sex offender who has registered
with a sheriff after the effective date of this chapter.
(2) The home address of every sex offender.
(3) The information required to be included in the sex offender
directory (IC 5-2-12-6).
(c) Every time a sex offender submits a new registration form to the
sheriff, but at least once per year, the sheriff shall photograph the sex
offender. The sheriff shall place this photograph on the sex offender
web site.
(d) The photograph of a sex offender described in subsection (c)
must meet the following requirements:
(1) The photograph must be full face, front view, with a plain
white or off-white background.
(2) The image of the offender's face, measured from the bottom
of the chin to the top of the head, must fill at least seventy-five
percent (75%) of the photograph.
(3) The photograph must be in color.
(4) The photograph must show the offender dressed in normal
street attire, without a hat or headgear that obscures the hair or
hairline.
(5) If the offender normally and consistently wears prescription
glasses, a hearing device, wig, or a similar article, the photograph
must show the offender wearing those items. A photograph may
not include dark glasses or nonprescription glasses with tinted
lenses unless the offender can provide a medical certificate
demonstrating that tinted lenses are required for medical reasons.
(6) The photograph must have sufficient resolution to permit the
offender to be easily identified by a person accessing the sex
offender web site.
(e) The sex offender web site may be funded from:
(1) the jail commissary fund (IC 36-8-10-21);
(2) a grant from the criminal justice institute; and
(3) any other source, subject to the approval of the county fiscal
body.