HB 1386-10_ Filed 04/05/2007, 10:17 Bray
SENATE MOTION
MADAM PRESIDENT:
I move
that House Bill 1386 be amended to read as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure and to make an appropriation.
SOURCE: Page 1, line 1; (07)MO138607.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 10-13-3-5; (07)MO138607.1. -->
"SECTION 1. IC 10-13-3-5, AS AMENDED BY P.L.20-2006,
SECTION 1, AS AMENDED BY P.L.140-2006, SECTION 4, AND
AS AMENDED BY P.L.173-2006, SECTION 4, IS CORRECTED
AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 5. (a) As used in this chapter, "criminal history data" means
information collected by criminal justice agencies, the United States
Department of Justice for the department's information system, or
individuals.
(b) The term consists of the following:
(1) Identifiable descriptions and notations of arrests, indictments,
informations, or other formal criminal charges.
(2) Information, including a photograph, regarding a sex and
violent offender (as defined in IC 5-2-12-4) IC 11-8-8-5) obtained
through sex and violent offender registration under IC 5-2-12.
IC 11-8-8.
(3) Any disposition, including sentencing, and correctional system
intake, transfer, and release.
(4) A photograph of the person who is the subject of the
information described in subdivisions (1) through (3).
(c) The term includes fingerprint information described in
section 24(f) of this chapter.
SOURCE: IC 10-13-3-24; (07)MO138607.2. -->
SECTION 2. IC 10-13-3-24, AS AMENDED BY P.L.20-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 24. (a) The department shall act as the official
state central repository for criminal history data.
(b) A sheriff, police department, or criminal justice agency in
Indiana shall report to the department, on forms provided by the
department, all arrests for reportable offenses.
(c) Except as provided in subsection (e), at the time a sheriff, police
department, or criminal justice agency makes the report described in
subsection (b), the sheriff, police department, or criminal justice
agency shall transmit a photograph of the person who is the subject of
the report to the department.
(d) The department may adopt guidelines concerning the:
(1) form; and
(2) manner of transmission (including electronic transmission);
of a photograph described in subsection (c). If the department adopts
guidelines under this subsection, the sheriff, police department, or
criminal justice agency required to transmit a photograph under
subsection (c) shall transmit the photograph in accordance with the
guidelines adopted by the department.
(e) Notwithstanding subsections (c) and (d):
(1) the department is not required to process; and
(2) a sheriff, police department, or criminal justice agency is not
required to submit;
a photograph under this section unless the department has sufficient
funding available to process photographs submitted under this section.
(f) The department of correction may report to the department:
(1) fingerprints recorded by the department of correction in
any reliable manner, including the use of a digital
fingerprinting device, when a person convicted of an offense
is received by the department of correction; and
(2) an abstract of judgment received by the department of
correction that relates to the fingerprints described in
subdivision (1).
SOURCE: IC 11-8-2-12.4; (07)MO138607.2. -->
SECTION 2. IC 11-8-2-12.4, AS ADDED BY P.L.173-2006,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 12.4. The department shall do the following:
(1) Maintain the Indiana sex offender registry established under
IC 36-2-13-5.5. The department shall ensure that a sex
offender's Social Security number remains unavailable to the
public.
(2) Prescribe and approve a format for sex offender registration as
required by IC 11-8-8.
(3) Provide:
(A) judges;
(B) law enforcement officials;
(C) prosecuting attorneys;
(D) parole officers;
(E) probation officers; and
(F) community corrections officials;
with information and training concerning the requirements of
IC 11-8-8 and the use of the Indiana sex offender registry.
(4) Upon request of a neighborhood association:
(A) transmit to the neighborhood association information
concerning sex offenders who reside near the location of the
neighborhood association; or
(B) provide instructional materials concerning the use of the
Indiana sex offender registry to the neighborhood association.
(5) Maintain records on every sex offender who:
(A) is incarcerated;
(B) has relocated out of state; and
(C) is no longer required to register due to the expiration
of the sex offender's registration period.
SOURCE: IC 11-8-8-4; (07)MO138607.3. -->
SECTION 3. IC 11-8-8-4, AS ADDED BY P.L.173-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 4. As used in this chapter, "register" means to
provide report in person to a local law enforcement authority with
and provide the information required under section 8 of this chapter.".
SOURCE: Page 1, line 9; (07)MO138607.1. -->
Page 1, line 9, after "gratification" insert " (including performing
sexual conduct in the presence of a minor)".
Page 2, between lines 38 and 39, begin a new paragraph and insert:
" (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 11-8-8-5.2; (07)MO138607.4. -->
SECTION 4. IC 11-8-8-5.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 5.2. As used in this chapter, "sex offense" means an
offense listed in section 5(a) of this chapter.
SOURCE: IC 11-8-8-7; (07)MO138607.5. -->
SECTION 5. IC 11-8-8-7, AS ADDED BY P.L.173-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 7. (a) Subject to section 19 of this chapter, the
following persons must register under this chapter:
(1) A sex offender who resides in Indiana. A sex offender resides
in Indiana if either of the following applies:
(A) The sex offender spends or intends to spend at least seven
(7) days (including part of a day) in Indiana during a one
hundred eighty (180) day period.
(B) The sex offender owns real property in Indiana and returns
to Indiana at any time.
(2) A sex offender who works or carries on a vocation or intends
to work or carry on a vocation full time or part time for a period:
(A) exceeding
fourteen (14) seven (7) consecutive days; or
(B) for a total period exceeding
thirty (30) fourteen (14) days;
during any calendar year in Indiana
regardless of whether the sex
offender is financially compensated, volunteered, or is acting for
the purpose of government or educational benefit.
(3) A sex offender who is enrolled or intends to be enrolled on a
full-time or part-time basis in any public or private educational
institution, including any secondary school, trade, or professional
institution, or institution of higher education in Indiana.
(b) Except as provided in subsection (e), a sex offender who resides
in Indiana shall register with the local law enforcement authority in the
county where the sex offender resides. If a sex offender resides in more
than one (1) county, the sex offender shall register with the local law
enforcement authority in each county in which the sex offender resides.
If the sex offender is also required to register under subsection (a)(2)
or (a)(3), the sex offender shall also register with the local law
enforcement authority in the county in which the offender is required
to register under subsection (c) or (d).
(c) A sex offender described in subsection (a)(2) shall register with
the local law enforcement authority in the county where the sex
offender is or intends to be employed or carry on a vocation. If a sex
offender is or intends to be employed or carry on a vocation in more
than one (1) county, the sex offender shall register with the local law
enforcement authority in each county. If the sex offender is also
required to register under subsection (a)(1) or (a)(3), the sex offender
shall also register with the local law enforcement authority in the
county in which the offender is required to register under subsection
(b) or (d).
(d) A sex offender described in subsection (a)(3) shall register with
the local law enforcement authority in the county where the sex
offender is enrolled or intends to be enrolled as a student. If the sex
offender is also required to register under subsection (a)(1) or (a)(2),
the sex offender shall also register with the local law enforcement
authority in the county in which the offender is required to register
under subsection (b) or (c).
(e) A sex offender described in subsection (a)(1)(B) shall register
with the local law enforcement authority in the county in which the real
property is located. If the sex offender is also required to register under
subsection (a)(1)(A), (a)(2), or (a)(3), the sex offender shall also
register with the local law enforcement authority in the county in which
the offender is required to register under subsection (b), (c), or (d).
(f) A sex offender committed to the department shall register with
the department before the sex offender is released from incarceration.
The department shall forward the sex offender's registration
information to the local law enforcement authority of every county in
which the sex offender is required to register.
(g) This subsection does not apply to a sex offender who is a
sexually violent predator. A sex offender not committed to the
department shall register not more than seven (7) days after the sex
offender:
(1) is released from a penal facility (as defined in IC 35-41-1-21);
(2) is released from a secure private facility (as defined in
IC 31-9-2-115);
(3) is released from a juvenile detention facility;
(4) is transferred to a community transition program;
(5) is placed on parole;
(6) is placed on probation;
(7) is placed on home detention; or
(8) arrives at the place where the sex offender is required to
register under subsection (b), (c), or (d);
whichever occurs first. A sex offender required to register in more than
one (1) county under subsection (b), (c), (d), or (e) shall register in
each appropriate county not more than seventy-two (72) hours after the
sex offender's arrival in that county or acquisition of real estate in that
county.
(h) This subsection applies to a sex offender who is a sexually
violent predator. A sex offender who is a sexually violent predator shall
register not more than seventy-two (72) hours after the sex offender:
(1) is released from a penal facility (as defined in IC 35-41-1-21);
(2) is released from a secure private facility (as defined in
IC 31-9-2-115);
(3) is released from a juvenile detention facility;
(4) is transferred to a community transition program;
(5) is placed on parole;
(6) is placed on probation;
(7) is placed on home detention; or
(8) arrives at the place where the sexually violent predator is
required to register under subsection (b), (c), or (d);
whichever occurs first. A sex offender who is a sexually violent
predator required to register in more than one (1) county under
subsection (b), (c), (d), or (e) shall register in each appropriate county
not more than seventy-two (72) hours after the offender's arrival in that
county or acquisition of real estate in that county.
(i) The local law enforcement authority with whom a sex offender
registers under this section shall make and publish a photograph of the
sex offender on the Indiana sex offender registry web site established
under IC 36-2-13-5.5. The local law enforcement authority shall make
a photograph of the sex offender that complies with the requirements
of IC 36-2-13-5.5 at least once per year. The sheriff of a county
containing a consolidated city shall provide the police chief of the
consolidated city with all photographic and computer equipment
necessary to enable the police chief of the consolidated city to transmit
sex offender photographs (and other identifying information required
by IC 36-2-13-5.5) to the Indiana sex offender registry web site
established under IC 36-2-13-5.5. In addition, the sheriff of a county
containing a consolidated city shall provide all funding for the county's
financial obligation for the establishment and maintenance of the
Indiana sex offender registry web site established under
IC 36-2-13-5.5.
(j) When a sex offender registers, the local law enforcement
authority shall:
(1) immediately update the Indiana sex offender registry web site
established under IC 36-2-13-5.5;
and
(2) notify every law enforcement agency having jurisdiction in the
county where the sex offender resides;
and
(3) update the National Crime Information Center National
Sex Offender Registry data base via the Indiana data and
communications system (IDACS).
The local law enforcement authority shall provide the department and
a law enforcement agency described in subdivision (2) with the
information provided by the sex offender during registration. When a
sex offender from a jurisdiction outside Indiana registers a change
of address, employment, vocation, or enrollment in Indiana, the
local law enforcement authority shall provide the department with
the information provided by the sex offender during registration.
SOURCE: IC 11-8-8-8; (07)MO138607.6. -->
SECTION 6. IC 11-8-8-8, AS ADDED BY P.L.173-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 8. The registration required under this chapter
must include the following information:
(1) The sex offender's full name, alias, any name by which the sex
offender was previously known, date of birth, sex, race, height,
weight, hair color, eye color, any scars, marks, or tattoos, Social
Security number, driver's license number or state identification
card number, vehicle description and vehicle plate number for
any vehicle the offender owns or operates on a regular basis,
principal residence address, other address where the sex
offender spends more than seven (7) nights in a fourteen (14)
day period, and mailing address, if different from the sex
offender's principal residence address.
(2) A description of the offense for which the sex offender was
convicted, the date of conviction, the county of the conviction, the
cause number of the conviction, and the sentence imposed, if
applicable.
(3) If the person is required to register under section 7(a)(2) or
7(a)(3) of this chapter, the name and address of each of the sex
offender's employers in Indiana, the name and address of each
campus or location where the sex offender is enrolled in school in
Indiana, and the address where the sex offender stays or intends
to stay while in Indiana.
(4) A recent photograph of the sex offender.
(5) If the sex offender is a sexually violent predator, that the sex
offender is a sexually violent predator.
(6) If the sex offender is required to register for life, that the sex
offender is required to register for life.
(7) Any other information required by the department.
SOURCE: IC 11-8-8-9; (07)MO138607.7. -->
SECTION 7. IC 11-8-8-9, AS ADDED BY P.L.173-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 9. (a) Not more than seven (7) days before an
Indiana sex offender who is required to register under this chapter is
scheduled to be released from a secure private facility (as defined in
IC 31-9-2-115), or released from a juvenile detention facility, an
official of the facility shall do the following:
(1) Orally inform the sex offender of the sex offender's duty to
register under this chapter and require the sex offender to sign a
written statement that the sex offender was orally informed or, if
the sex offender refuses to sign the statement, certify that the sex
offender was orally informed of the duty to register.
(2) Deliver a form advising the sex offender of the sex offender's
duty to register under this chapter and require the sex offender to
sign a written statement that the sex offender received the written
notice or, if the sex offender refuses to sign the statement, certify
that the sex offender was given the written notice of the duty to
register.
(3) Obtain the address where the sex offender expects to reside
after the sex offender's release.
(4) Transmit to the local law enforcement authority in the county
where the sex offender expects to reside the sex offender's name,
date of release or transfer, new address, and the offense or
delinquent act committed by the sex offender.
(b) Not more than seventy-two (72) hours after a sex offender who
is required to register under this chapter is released or transferred as
described in subsection (a), an official of the facility shall transmit to
the state police the following:
(1) The sex offender's fingerprints, photograph, and identification
factors.
(2) The address where the sex offender expects to reside after the
sex offender's release.
(3) The complete criminal history data (as defined in
IC 10-13-3-5) or, if the sex offender committed a delinquent act,
juvenile history data (as defined in IC 10-13-4-4) of the sex
offender.
(4) Information regarding the sex offender's past treatment for
mental disorders.
(5) Information as to whether the sex offender has been
determined to be a sexually violent predator.
(c) This subsection applies if a sex offender is placed on probation
or in a community corrections program without being confined in a
penal facility. The probation office serving the court in which the sex
offender is sentenced shall perform the duties required under
subsections (a) and (b).
(d) For any sex offender who is not committed to the
department, the probation office of the sentencing court shall
transmit to the department a copy of the offender's:
(1) sentencing order;
(2) presentence investigation; and
(3) any other information required by the department to
make a determination concerning sex offender registration.
SOURCE: IC 11-8-8-11; (07)MO138607.8. -->
SECTION 8. IC 11-8-8-11, AS ADDED BY P.L.173-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 11. (a) If a sex offender who is required to register
under this chapter changes:
(1) principal residence address; or
(2) if section 7(a)(2) or 7(a)(3) of this chapter applies, the place
where the sex offender stays in Indiana;
the sex offender shall
register not more than seventy-two (72) hours
after the address change with the local law enforcement authority with
whom the sex offender last registered. report in person to the local
law enforcement authority having jurisdiction over the offender's
current principal address or location and, if the offender moves to
a new county in Indiana, to the local law enforcement authority
having jurisdiction over the offender's new principal address or
location not more than seventy-two (72) hours after the address
change.
(b) If a sex offender moves to a new county in Indiana, the local law
enforcement authority
referred to in subsection (a) where the sex
offender's current principal residence address is located shall
inform the local law enforcement authority in the new county in
Indiana of the sex offender's residence and forward all relevant
registration information concerning the sex offender to the local law
enforcement authority in the new county. The local law enforcement
authority receiving notice under this subsection shall verify the address
of the sex offender under section 13 of this chapter not more than seven
(7) days after receiving the notice.
(c) If a sex offender who is required to register under section 7(a)(2)
or 7(a)(3) of this chapter changes the sex offender's principal place of
employment, principal place of vocation, or campus or location where
the sex offender is enrolled in school, the sex offender shall
register not
more than seventy-two (72) hours after the change with the local law
enforcement authority with whom the sex offender last registered.
report in person:
(1) to the local law enforcement authority having jurisdiction
over the offender's current principal place of employment,
principal place of vocation, or campus or location where the
sex offender is enrolled in school; and
(2) if a sex offender changes the sex offender's place of
employment, vocation, or enrollment to a new county in
Indiana, to the local law enforcement authority having
jurisdiction over the offender's new principal place of
employment, principal place of vocation, or campus or
location where the sex offender is enrolled in school;
not more than seventy-two (72) hours after the change.
(d) If a sex offender moves the sex offender's place of employment,
vocation, or enrollment to a new county in Indiana, the local law
enforcement authority referred to in subsection (c) having jurisdiction
over the offender's current principal place of employment,
principal place of vocation, or campus or location where the sex
offender is enrolled in school shall inform the local law enforcement
authority in the new county of the sex offender's new principal place of
employment, vocation, or enrollment by forwarding relevant
registration information to the local law enforcement authority in the
new county.
(e) If a sex offender moves the sex offender's residence, place of
employment, vocation, or enrollment to a new state, the local law
enforcement authority shall inform the state police in the new state of
the sex offender's new place of residence, employment, vocation, or
enrollment.
(f) A local law enforcement authority shall make registration
information, including information concerning the duty to register and
the penalty for failing to register, available to a sex offender.
(g) A local law enforcement authority who is notified of a change
under subsection (a) or (c) shall:
(1) immediately update the Indiana sex offender registry web site
established under IC 36-2-13-5.5;
(2) update the National Crime Information Center National
Sex Offender Registry data base via the Indiana data and
communications system (IDACS); and
(3) notify the department.
(h) If a sex offender who is registered with a local law
enforcement authority becomes incarcerated, the local law
enforcement authority shall transmit a copy of the information
provided by the sex offender during registration to the department.
(i) If a sex offender is no longer required to register due to the
expiration of the registration period, the local law enforcement
authority shall transmit a copy of the information provided by the
sex offender during registration to the department.
SOURCE: IC 11-8-8-12; (07)MO138607.9. -->
SECTION 9. IC 11-8-8-12, AS ADDED BY P.L.173-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 12. (a) As used in this section, "temporary
residence" means a residence:
(1) that is established to provide transitional housing for a person
without another residence; and
(2) in which a person is not typically permitted to reside for more
than thirty (30) days in a sixty (60) day period.
(b) This section applies only to a sex offender who resides in a
temporary residence. In addition to the other requirements of this
chapter, a sex offender who resides in a temporary residence shall
register in person with the local law enforcement authority in which the
temporary residence is located:
(1) not more than seventy-two (72) hours after the sex offender
moves into the temporary residence; and
(2) during the period in which the sex offender resides in a
temporary residence, at least once every seven (7) days following
the sex offender's initial registration under subdivision (1).
(c) A sex offender who does not have a principal residence or
temporary residence shall report in person to the local law
enforcement authority in the county where the sex offender resides
at least once every seven (7) days to report an address for the
location where the sex offender will stay during the time in which
the sex offender lacks a principal address or temporary residence.
(c) (d) A sex offender's obligation to register in person once every
seven (7) days terminates when the sex offender no longer resides in
the temporary residence or location described in subsection (c).
However, all other requirements imposed on a sex offender by this
chapter continue in force, including the requirement that a sex offender
register the sex offender's new address with the local law enforcement
authority.
SOURCE: IC 11-8-8-13; (07)MO138607.10. -->
SECTION 10. IC 11-8-8-13, AS ADDED BY P.L.173-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 13. (a) To verify a sex offender's current
residence, the local law enforcement authority having jurisdiction
over the area of the offender's current principal address or
location shall do the following:
(1) Mail a reply form that is approved or prescribed by the
department to each sex offender in the county at the sex
offender's listed address at least one (1) time per year, beginning
seven (7) days after the local law enforcement authority receives
a notice under section 11 or 20 of this chapter or the date the sex
offender is:
(A) released from a penal facility (as defined in
IC 35-41-1-21), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(2) Mail a reply form that is approved or prescribed by the
department to each sex offender who is designated a sexually
violent predator under IC 35-38-1-7.5 at least once every ninety
(90) days, beginning seven (7) days after the local law
enforcement authority receives a notice under section 11 or 20 of
this chapter or the date the sex offender is:
(A) released from a penal facility (as defined in
IC 35-41-1-21), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(3) Personally visit each sex offender in the county at the sex
offender's listed address at least one (1) time per year, beginning
seven (7) days after the local law enforcement authority receives
a notice under section 7 of this chapter or the date the sex
offender is:
(A) released from a penal facility (as defined in
IC 35-41-1-21), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(4) Personally visit each sex offender who is designated a sexually
violent predator under IC 35-38-1-7.5 at least once every ninety
(90) days, beginning seven (7) days after the local law
enforcement authority receives a notice under section 7 of this
chapter or the date the sex offender is:
(A) released from a penal facility (as defined in
IC 35-41-1-21), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(b) If a sex offender fails to return a signed reply form either by mail
or in person, not later than fourteen (14) days after mailing, or appears
not to reside at the listed address, the local law enforcement authority
shall immediately notify the department and the prosecuting attorney.
SOURCE: IC 11-8-8-14; (07)MO138607.11. -->
SECTION 11. IC 11-8-8-14, AS ADDED BY P.L.173-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 14.
(a) This subsection does not apply to a sex
offender who is a sexually violent predator. In addition to the other
requirements of this chapter, At least once per calendar year, a sex
offender who is required to register under this chapter shall,
at least
one (1) time per calendar year:
(1) report in person to the local law enforcement authority;
(2) register; and
(3) be photographed by the local law enforcement authority;
in each location where the offender is required to register.
(b) This subsection applies to a sex offender who is a sexually
violent predator. In addition to the other requirements of this
chapter, a sex offender who is a sexually violent predator under
IC 35-38-1-7.5 shall:
(1) report in person to the local law enforcement authority;
(2) register; and
(3) be photographed by the local law enforcement authority
in each location where the offender is required to register;
every ninety (90) days.
(c) Each time a sex offender who claims to be working or
attending school registers in person, the sex offender shall provide
documentation to the local law enforcement authority providing
evidence that the sex offender is still working or attending school
at the registered location.
SOURCE: IC 11-8-8-17; (07)MO138607.12. -->
SECTION 12. IC 11-8-8-17, AS ADDED BY P.L.173-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 17. (a) A sex offender who knowingly or
intentionally:
(1) fails to register when required to register under this chapter;
(2) fails to register in every location where the sex offender is
required to register under this chapter;
(3) makes a material misstatement or omission while registering
as a sex offender under this chapter; or
(4) fails to register in person and be photographed at least one (1)
time per year as required under this chapter; or
(5) does not reside at the sex offender's registered address or
location;
commits a Class D felony.
(b) However, The offense described in subsection (a) is a Class C
felony if the sex offender has a prior unrelated conviction for an
offense:
(1) under this section; or
(2) based on the person's failure to comply with any requirement
imposed on a sex offender under this chapter.
(c) It is not a defense to a prosecution under this section that the
sex offender was unable to pay the sex offender registration fee or
the sex offender address change fee described under
IC 36-2-13-5.6.
SOURCE: IC 11-8-8-18; (07)MO138607.13. -->
SECTION 13. IC 11-8-8-18, AS ADDED BY P.L.173-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 18. (a) A sexually violent predator who will be
absent from the sexually violent predator's principal residence for more
than seventy-two (72) hours shall inform the local law enforcement
authority
in the county where the sexually violent predator's
principal address is located, in person,
or in writing, of the following:
(1) That the sexually violent predator will be absent from the
sexually violent predator's principal residence for more than
seventy-two (72) hours.
(2) The location where the sexually violent predator will be
located during the absence from the sexually violent predator's
principal residence.
(3) The length of time the sexually violent predator will be absent
from the sexually violent predator's principal residence.
(b) A sexually violent predator who will spend more than
seventy-two (72) hours in a county in which the sexually violent
predator is not required to register shall inform the local law
enforcement authority in the county in which the sexually violent
predator is not required to register, in person, or in writing, of the
following:
(1) That the sexually violent predator will spend more than
seventy-two (72) hours in the county.
(2) The location where the sexually violent predator will be
located while spending time in the county.
(3) The length of time the sexually violent predator will remain in
the county.
Upon request of the local law enforcement authority of the county in
which the sexually violent predator is not required to register, the
sexually violent predator shall provide the local law enforcement
authority with any additional information that will assist the local law
enforcement authority in determining the sexually violent predator's
whereabouts during the sexually violent predator's stay in the county.
(c) A sexually violent predator who knowingly or intentionally
violates this section commits failure to notify, a Class A misdemeanor.
However, the offense is a Class D felony if the person has a prior
unrelated conviction under this section based on the person's failure to
comply with any requirement imposed on a sex offender under this
chapter.".
SOURCE: Page 3, line 31; (07)MO138607.3. -->
Page 3, between lines 31 and 32, begin a new paragraph and insert:
" (f) A person who is required to register as a sex offender in any
jurisdiction shall register for the period of time required by the
other jurisdiction or the length of time described in this section,
whichever is longer.
SOURCE: IC 11-8-8-20; (07)MO138607.14. -->
SECTION 14. IC 11-8-8-20, AS ADDED BY P.L.173-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 20. (a) The
governor department may enter into
a compact
or agreement with one (1) or more jurisdictions outside
Indiana to exchange notifications concerning the
release, transfer, or
change of address, employment, vocation, or enrollment of a sex
offender between Indiana and the other jurisdiction or the other
jurisdiction and Indiana.
(b) The compact must provide for the designation of a state agency
to coordinate the transfer of information.
(c) (b) If the
state agency department receives information that a
sex offender has relocated to Indiana to reside, engage in employment
or a vocation, or enroll in school,
or that a sex offender has been
convicted in Indiana but not sentenced to the department, the
state
agency department shall inform in writing the local law enforcement
authority where the sex offender is required to register in Indiana of:
determine:
(1) the sex offender's name, date of relocation, and new address;
and
(2) the sex offense or delinquent act committed by the sex
offender.
(1) whether the person is defined as a sex offender under
IC 11-8-8-5;
(2) whether the person is a sexually violent predator under
IC 35-38-1-7.5;
(3) the period of time the person will be required to register
as a sex offender in Indiana; and
(4) any other matter required by law to make a registration
determination.
(c) After the department has made a determination under
subsection (b), the department shall update the sex offender
registry web site and transmit the department's finding to the local
law enforcement authority having jurisdiction over the county
where the sex offender resides, is employed, and attends school.
The department shall transmit:
(1) the sex offender's name, date of relocation, new address (if
applicable), the offense or delinquent act committed by the sex
offender, and any other available descriptive information;
(2) whether the sex offender is a sexually violent predator;
(3) the period of time the sex offender will be required to
register in Indiana; and
(4) anything else required by law to make a registration
determination.
(d) The state agency shall determine, following a hearing:
(1) whether a person convicted of an offense in another
jurisdiction is required to register as a sex offender in Indiana;
(2) whether an out of state sex offender is a sexually violent
predator; and
(3) the period in which an out of state sex offender who has
moved to Indiana will be required to register as a sex offender in
Indiana.
SOURCE: IC 11-8-8-21; (07)MO138607.15. -->
SECTION 15. IC 11-8-8-21 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 21. (a) The state sex offender administration fund is
established to assist the department in carrying out its duties under
IC 11-8-2-12.4 concerning the Indiana sex offender registry. The
fund shall be administered by the department.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The fund consists of:
(1) grants;
(2) donations;
(3) appropriations;
(4) money from the annual sex offender registration fee (IC
36-2-13-5.6(a)(1)(A)); and
(5) money from the sex offender address change fee (IC
36-2-13-5.6(a)(1)(B)).
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(e) Money in the fund is continually appropriated to carry out
the purposes of the fund.
SOURCE: IC 11-13-3-4; (07)MO138607.16. -->
SECTION 16. IC 11-13-3-4, AS AMENDED BY P.L.60-2006,
SECTION 1, AS AMENDED BY P.L.139-2006, SECTION 2, AND
AS AMENDED BY P.L.140-2006, SECTION 15, AND P.L.173-2006,
SECTION 15, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) A condition
to remaining on parole is that the parolee not commit a crime during
the period of parole.
(b) The parole board may also adopt, under IC 4-22-2, additional
conditions to remaining on parole and require a parolee to satisfy one
(1) or more of these conditions. These conditions must be reasonably
related to the parolee's successful reintegration into the community and
not unduly restrictive of a fundamental right.
(c) If a person is released on parole, the parolee shall be given a
written statement of the conditions of parole. Signed copies of this
statement shall be:
(1) retained by the parolee;
(2) forwarded to any person charged with the parolee's
supervision; and
(3) placed in the parolee's master file.
(d) The parole board may modify parole conditions if the parolee
receives notice of that action and had ten (10) days after receipt of the
notice to express the parolee's views on the proposed modification.
This subsection does not apply to modification of parole conditions
after a revocation proceeding under section 10 of this chapter.
(e) As a condition of parole, the parole board may require the
parolee to reside in a particular parole area. In determining a parolee's
residence requirement, the parole board shall:
(1) consider:
(A) the residence of the parolee prior to the parolee's
incarceration; and
(B) the parolee's place of employment; and
(2) assign the parolee to reside in the county where the parolee
resided prior to the parolee's incarceration unless assignment on
this basis would be detrimental to the parolee's successful
reintegration into the community.
(f) As a condition of parole, the parole board may require the
parolee to:
(1) periodically undergo a laboratory chemical test (as defined in
IC 14-15-8-1) or series of tests to detect and confirm the presence
of a controlled substance (as defined in IC 35-48-1-9); and
(2) have the results of any test under this subsection reported to
the parole board by the laboratory.
The parolee is responsible for any charges resulting from a test
required under this subsection. However, a person's parole may not be
revoked on the basis of the person's inability to pay for a test under this
subsection.
(g) As a condition of parole, the parole board:
(1) may require a parolee who is a sex and violent offender (as
defined in IC 5-2-12-4) IC 11-8-8-5) to:
(A) participate in a treatment program for sex offenders
approved by the parole board; and
(B) avoid contact with any person who is less than sixteen (16)
years of age unless the parolee:
(i) receives the parole board's approval; or
(ii) successfully completes the treatment program referred to
in clause (A); and
(2) shall:
(A) require a parolee who is an a sex offender (as defined in
IC 5-2-12-4) IC 11-8-8-5) to register with a sheriff (or the
police chief of a consolidated city) local law enforcement
authority under IC 5-2-12-5; IC 11-8-8;
(B) prohibit the sex offender from residing within one
thousand (1,000) feet of school property (as defined in
IC 35-41-1-24.7) for the period of parole, unless the sex
offender obtains written approval from the parole board; and
(C) prohibit a parolee who is an a sex offender convicted of a
sex offense (as defined in IC 35-38-2-2.5) from residing within
one (1) mile of the victim of the sex offender's sex offense
unless the sex offender obtains a waiver under IC 35-38-2-2.5;
and
(D) prohibit a parolee from owning, operating, managing,
being employed by, or volunteering at any attraction designed
to be primarily enjoyed by children less than sixteen (16)
years of age.
The parole board may not grant a sexually violent predator (as defined
in IC 35-38-1-7.5) or a sex offender who is an offender against
children under IC 35-42-4-11 a waiver under subdivision (2)(B) or
(2)(C). If the parole board allows the sex offender to reside within one
thousand (1,000) feet of school property under subdivision (2)(B), the
parole board shall notify each school within one thousand (1,000) feet
of the sex offender's residence of the order.
(h) The address of the victim of a parolee who is an a sex offender
convicted of a sex offense (as defined in IC 35-38-2-2.5) is
confidential, even if the sex offender obtains a waiver under
IC 35-38-2-2.5.
(i) As a condition of parole, the parole board may require a parolee
to participate in a reentry court program.
(i) (j) As a condition of parole, the parole board:
(1) shall require a parolee who is a sexually violent predator
under IC 35-38-1-7.5; and
(2) may require a parolee who is a sex offender (as defined in
IC 5-2-12-4); IC 11-8-8-5);
to wear a monitoring device (as described in IC 35-38-2.5-3) that can
transmit information twenty-four (24) hours each day regarding a
person's precise location.
(j) (k) As a condition of parole, the parole board may prohibit, in
accordance with IC 35-38-2-2.5, IC 35-38-2-2.6, a parolee who has
been convicted of stalking from residing within one thousand (1,000)
feet of the residence of the victim of the stalking for a period that does
not exceed five (5) years.
SOURCE: IC 11-13-4.5-4; (07)MO138607.17. -->
SECTION 17. IC 11-13-4.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) Except as
provided in subsection (b), an Indiana offender on probation or parole
who applies to be transferred out of state under the interstate compact
for adult supervision shall pay an application fee of seventy-five dollars
($75). The application fee shall be used to cover the costs of
administering the interstate compact for adult offender supervision.
(b) An offender who has been found indigent by a trial court at the
time the offender applies to be transferred out of state under the
interstate compact for adult supervision may, at the court's discretion,
be required to pay a lesser amount of the cost of the application fee
under subsection (a).
(c) An Indiana offender who is on probation shall pay the
application fee to the county probation department.
(d) An Indiana offender who is on parole shall pay the application
fee to the department of correction.
(e) The application fee paid by an Indiana offender who is on
probation shall be transferred to the county treasurer. The county
treasurer shall deposit fifty percent (50%) of the money collected under
this subsection into the county supplemental adult probation services
fund and shall transmit the remaining fifty percent (50%) of the money
collected under this subsection to the Indiana judicial center for deposit
in the general fund, to be used to cover the cost of administering the
interstate compact for adult offender supervision.
(f) The executive director of the Indiana judicial center shall submit
a proposed budget for expenditure of the money deposited in the
general fund under this section to the budget agency in accordance with
IC 4-12-1.
(g) The application fee paid by an Indiana offender who is on parole
shall be deposited into the general fund to be used to cover the cost of
administering the interstate compact for adult offender supervision.
(h) The commissioner of the department of correction shall submit
a proposed budget for expenditure of the money deposited in the
general fund under this section to the budget agency in accordance with
IC 4-12-1.
(i) The judicial center and the department of correction shall
develop a process to ensure that a sex offender who transfers to or
out of Indiana under the compact will be registered appropriately.
SOURCE: IC 34-30-2-149.5; (07)MO138607.18. -->
SECTION 18. IC 34-30-2-149.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 149.5. IC 35-38-1-28(d)
(Concerning a clerk, court, law enforcement officer, or prosecuting
attorney for an error or omission in the transportation of
fingerprints, case history data, or sentencing data.)
SOURCE: IC 35-38-1-7.5; (07)MO138607.19. -->
SECTION 19. IC 35-38-1-7.5, AS AMENDED BY P.L.173-2006,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7.5. (a) As used in this section, "sexually
violent predator" means a person who suffers from a mental
abnormality or personality disorder that makes the individual likely to
repeatedly engage in any of the offenses described in IC 11-8-8-5. The
term includes a person convicted in another jurisdiction who is
identified as a sexually violent predator under IC 11-8-8-20. The term
does not include a person no longer considered a sexually violent
predator under subsection (g).
(b) A person who:
(1) being at least eighteen (18) years of age, commits an offense
described in:
(A) IC 35-42-4-1;
(B) IC 35-42-4-2;
(C) IC 35-42-4-3 as a Class A or Class B felony;
(D) IC 35-42-4-5(a)(1);
(E) IC 35-42-4-5(a)(2);
(F) IC 35-42-4-5(a)(3);
(G) IC 35-42-4-5(b)(1) as a Class A or Class B felony;
(H) IC 35-42-4-5(b)(2); or
(I) IC 35-42-4-5(b)(3) as a Class A
or Class B felony;
or
(J) an attempt or conspiracy to commit a crime listed in
clauses (A) through (I); or
(K) a crime under the laws of another jurisdiction,
including a military court, that is substantially equivalent
to any of the offenses listed in clauses (A) through (J);
(2) commits an offense described in IC 11-8-8-5 while having a
previous unrelated conviction for an offense described in
IC 11-8-8-5 for which the person is required to register as an
offender under IC 11-8-8;
(3) commits an offense described in IC 11-8-8-5 while having
had a previous unrelated adjudication as a delinquent child
for an act that would be an offense described in IC 11-8-8-5 if
committed by an adult, if, after considering expert testimony,
a court finds by clear and convincing evidence that the person
is likely to repeat an act described in this subsection; or
(4) commits an offense described in IC 11-8-8-5 while having
had a previous unrelated adjudication as a delinquent child
for an act that would be an offense described in IC 11-8-8-5 if
committed by an adult, if the person was required to register
as a sex offender under IC 11-8-8-5(b)(2);
is a sexually violent predator. Except as provided in subsections (g)
or (h), a person is a sexually violent predator by operation of law
if an offense committed by the person satisfies the conditions set
forth in subdivision (1) or (2), regardless of when the person
committed the offense.
(c) This section applies whenever a court sentences a person or a
juvenile court issues a dispositional decree for a sex offense listed in
IC 11-8-8-5 for which the person is required to register with the local
law enforcement authority under IC 11-8-8.
(d) At the sentencing hearing, the court shall determine indicate on
the record whether the person is has been convicted of an offense
that makes the person a sexually violent predator under subsection
(b).
(e) If the court does not find the a person to be is not a sexually
violent predator under subsection (b), the prosecuting attorney may
request the court to conduct a hearing to determine whether the
person (including a child adjudicated to be a delinquent child) is a
sexually violent predator under subsection (a). If the court grants
the motion, the court shall consult with a appoint board of experts
consisting of two (2) board certified psychologists or psychiatrists who
have expertise in criminal behavioral disorders to determine if the
person is a sexually violent predator under subsection (a). evaluate the
person and testify at the hearing. After conducting the hearing and
considering the testimony of the two (2) psychologists or
psychiatrists, the court shall determine whether the person is a
sexually violent predator under subsection (a). A hearing
conducted under this subsection may be combined with the
person's sentencing hearing.
(f) If the court finds that a person is a sexually violent predator:
(1) the person is required to register with the local law
enforcement authority as provided in IC 11-8-8; and
(2) the court shall send notice of its finding under this subsection
to the department of correction.
(g) This subsection does not apply to a person who has two (2)
or more unrelated convictions for an offense described in
IC 11-8-8-5 for which the person is required to register under
IC 11-8-8. A person who is found by a court to be a sexually violent
predator may petition the court to consider whether the person should
no longer be considered a sexually violent predator. The person may
file a petition under this subsection not earlier than ten (10) years after:
(1) the sentencing court or juvenile court makes its finding
determination under subsection (e); or
(2) a person found to be who is a sexually violent predator under
subsection (b) is released from incarceration or secure detention.
A person may file a petition under this subsection not more than one
(1) time per year. A court may dismiss a petition filed under this
subsection or conduct a hearing to determine if a person should no
longer be considered a sexually violent predator. If the court
conducts a hearing, the court shall appoint two (2) psychologists or
psychiatrists who have expertise in criminal behavioral disorders
to evaluate the person and testify at the hearing. After conducting
the hearing and considering the testimony of the two (2)
psychologists or psychologists, the court shall determine whether
the person should no longer be considered a sexually violent
predator under subsection (a). If a court finds that the person should
no longer be considered a sexually violent predator, the court shall send
notice to the department of correction that the person is no longer
considered a sexually violent predator. Notwithstanding any other law,
a condition imposed on a person due to the person's status as a sexually
violent predator, including lifetime parole or GPS monitoring, does not
apply to a person no longer considered a sexually violent predator.
(h) A person is not a sexually violent predator by operation of
law under subsection (b)(1) if all of the following conditions are
met:
(1) The victim was not less than twelve (12) years of age at the
time the offense was committed.
(2) The person is not more than four (4) years older than the
victim.
(3) 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.
(4) The offense committed by the person was not any of the
following:
(A) Rape (IC 35-42-4-1).
(B) Criminal deviate conduct (IC 35-42-4-2).
(C) An offense committed by using or threatening the use
of deadly force or while armed with a deadly weapon.
(D) An offense that results in serious bodily injury.
(E) An offense that is 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.
(5) 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.
(6) The offense was not committed by a person having a
position of authority or substantial influence over the victim.
(7) The court finds that the person should not be considered
a sexually violent predator.
SOURCE: IC 35-38-1-28; (07)MO138607.20. -->
SECTION 20. IC 35-38-1-28 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 28. (a) Except as provided in
subsection (c), immediately after sentencing a defendant for an
offense, the court shall order the defendant to be fingerprinted by
an individual qualified to take fingerprints. The fingerprints may
be recorded in any reliable manner, including by the use of a
digital fingerprinting device.
(b) The court shall order a law enforcement officer to provide
the fingerprints to the prosecuting attorney and the state police
department, in hard copy or in an electronic format approved by
the security and privacy council established by IC 10-13-3-34.
(c) The court is not required to order the defendant to be
fingerprinted if the defendant was previously arrested and
processed at the county jail.
(d) A clerk, court, law enforcement officer, or prosecuting
attorney is immune from civil liability for an error or omission in
the transmission of fingerprints, case history data, or sentencing
data, unless the error or omission constitutes willful or wanton
misconduct or gross negligence.
SOURCE: IC 35-38-1-29; (07)MO138607.21. -->
SECTION 21. IC 35-38-1-29 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 29. (a) This section applies only
to a sexually violent predator, including a person who is a sexually
violent predator by operation of law for committing an offense
under IC 35-38-1-7.5(b).
(b) If a court imposes a sentence on a person described in
subsection (a) that does not involve a commitment to the
department of correction, the court shall order the parole board to
place the person on lifetime parole and supervise the person in the
same manner that the parole board supervises a sexually violent
predator who has been released from imprisonment and placed on
lifetime parole under IC 35-50-6-1(e).
(c) If a person described in subsection (b) is also required to be
supervised by a court, a probation department, a community
corrections program, a community transition program, or another
similar program upon the person's release from imprisonment, the
parole board may:
(1) supervise the person while the person is being supervised
by the other supervising agency; or
(2) permit the other supervising agency to exercise all or part
of the parole board's supervisory responsibility during the
period in which the other supervising agency is required to
supervise the person;
in accordance with IC 35-50-6-1(g).
SOURCE: IC 35-38-2-2.2; (07)MO138607.22. -->
SECTION 22. IC 35-38-2-2.2, AS AMENDED BY P.L.173-2006,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2.2. As a condition of probation for a sex
offender (as defined in IC 11-8-8-5), the court shall:
(1) require the sex offender to register with the local law
enforcement authority under IC 11-8-8; and
(2) prohibit the sex offender from residing within one thousand
(1,000) feet of school property (as defined in IC 35-41-1-24.7) for
the period of probation, unless the sex offender obtains written
approval from the court.
If the court allows the sex offender to reside within one thousand
(1,000) feet of school property under subdivision (2), the court shall
notify each school within one thousand (1,000) feet of the sex
offender's residence of the order. However, a court may not allow a
sex offender who is a sexually violent predator (as defined in
IC 35-38-1-7.5) or an offender against children under
IC 35-42-4-11 to reside within one thousand (1,000) feet of school
property.
SOURCE: IC 35-38-2-2.5; (07)MO138607.23. -->
SECTION 23. IC 35-38-2-2.5, AS AMENDED BY P.L.173-2006,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2.5. (a) As used in this section, "offender"
means an individual convicted of a sex offense.
(b) As used in this section, "sex offense" means any of the
following:
(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 battery (IC 35-42-4-8).
(9) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
(10) Incest (IC 35-46-1-3).
(c) A condition of remaining on probation or parole after conviction
for a sex offense is that the offender not reside within one (1) mile of
the residence of the victim of the offender's sex offense.
(d) An offender:
(1) who will be placed on probation shall provide the sentencing
court and the probation department with the address where the
offender intends to reside during the period of probation:
(A) at the time of sentencing if the offender will be placed on
probation without first being incarcerated; or
(B) before the offender's release from incarceration if the
offender will be placed on probation after completing a term
of incarceration; or
(2) who will be placed on parole shall provide the parole board
with the address where the offender intends to reside during the
period of parole.
(e) An offender, while on probation or parole, may not establish a
new residence within one (1) mile of the residence of the victim of the
offender's sex offense unless the offender first obtains a waiver from
the:
(1) court, if the offender is placed on probation; or
(2) parole board, if the offender is placed on parole;
for the change of address under subsection (f).
(f) The court or parole board may waive the requirement set forth in
subsection (c) only if the court or parole board, at a hearing at which
the offender is present and of which the prosecuting attorney has been
notified, determines that:
(1) the offender has successfully completed a sex offender
treatment program during the period of probation or parole;
(2) the offender is in compliance with all terms of the offender's
probation or parole; and
(3) good cause exists to allow the offender to reside within one (1)
mile of the residence of the victim of the offender's sex offense.
However, the court or parole board may not grant a waiver under this
subsection if the offender is a sexually violent predator under
IC 35-38-1-7.5 or if the offender is an offender against children
under IC 35-42-4-11.
(g) If the court or parole board grants a waiver under subsection (f),
the court or parole board shall state in writing the reasons for granting
the waiver. The court's written statement of its reasons shall be
incorporated into the record.
(h) The address of the victim of the offender's sex offense is
confidential even if the court or parole board grants a waiver under
subsection (f).
SOURCE: IC 35-41-1-5.5; (07)MO138607.9. -->
SECTION 9. IC 35-41-1-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 5.5. "Credit restricted felon" means a person who has
been convicted of at least one (1) of the following offenses:
(1) Child molesting involving sexual intercourse or deviate
sexual conduct (IC 35-42-4-3(a)), if:
(A) the offense is committed by a person at least
twenty-one (21) years of age; and
(B) the victim is less than twelve (12) years of age.
(2) Child molesting (IC 35-42-4-3) resulting in serious bodily
injury or death.
(3) Murder (IC 35-42-1-1), if:
(A) the person killed the victim while committing or
attempting to commit child molesting (IC 35-42-4-3);
(B) the victim was the victim of a sex crime under
IC 35-42-4, for which the person was convicted; or
(C) the victim of the murder was listed by the state or
known by the person to be a witness against the person in
a prosecution for a sex crime under IC 35-42-4, and the
person committed the murder with the intent to prevent
the person from testifying.".
SOURCE: Page 5, line 42; (07)MO138607.5. -->
Page 5, after line 42, begin a new paragraph and insert:
SOURCE: IC 35-42-4-9; (07)MO138607.25. -->
"SECTION 25. IC 35-42-4-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. (a) A person at least
eighteen (18) years of age who, with a child at least fourteen (14) years
of age but less than sixteen (16) years of age, performs or submits to
sexual intercourse or deviate sexual conduct commits sexual
misconduct with a minor, a Class C felony. However, the offense is:
(1) a Class B felony if it is committed by a person at least
twenty-one (21) years of age; and
(2) a Class A felony if it is committed by using or threatening the
use of deadly force, if it is committed while armed with a deadly
weapon, if it results in serious bodily injury, or if the commission
of the offense is 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.
(b) A person at least eighteen (18) years of age who, with a child at
least fourteen (14) years of age but less than sixteen (16) years of age,
performs or submits to any fondling or touching, of either the child or
the older person, with intent to arouse or to satisfy the sexual desires of
either the child or the older person, commits sexual misconduct with
a minor, a Class D felony. However, the offense is:
(1) a Class C felony if it is committed by a person at least
twenty-one (21) years of age; and
(2) a Class B felony if it is committed by using or threatening the
use of deadly force, while armed with a deadly weapon, or if the
commission of the offense is 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.
(c) It is a defense that the accused person reasonably believed that
the child was at least sixteen (16) years of age at the time of the
conduct. However, this subsection does not apply to an offense
described in subsection (a)(2) or (b)(2).
(d) It is a defense that the child is or has ever been married.
However, this subsection does not apply to an offense described in
subsection (a)(2) or (b)(2).
(e) It is a defense to a prosecution under this section if all the
following apply:
(1) The person is not more than four (4) years older than the
victim.
(2) 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.
(3) The crime:
(A) was not committed by a person who is at least
twenty-one (21) years of age;
(B) was not committed by using or threatening the use of
deadly force;
(C) was not committed while armed with a deadly weapon;
(D) did not result in serious bodily injury;
(E) 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
(F) was not committed by a person having a position of
authority or substantial influence over the victim.
(4) 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: IC 35-42-4-10; (07)MO138607.24. -->
SECTION 24. IC 35-42-4-10, AS ADDED BY P.L.6-2006,
SECTION 3, AS ADDED BY P.L.140-2006, SECTION 31, AND AS
ADDED BY P.L.173-2006, SECTION 31, IS CORRECTED AND
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
Sec. 10.
(a) As used in this section, "offender against children"
means a person who is an offender against children under
IC 35-42-4-11.
(a) (b) As used in this section, "sexually violent predator"
has the
meaning set forth in means a person who is a sexually violent predator
under IC 35-38-1-7.5.
(b) (c) A sexually violent predator
or an offender against children
who knowingly or intentionally works for compensation or as a
volunteer:
(1) on school property;
(2) at a youth program center; or
(3) at a public park;
commits unlawful employment near children by a sexual predator, a
Class D felony. However, the offense is a Class C felony if the person
has a prior unrelated conviction based on the person's failure to comply
with any requirement imposed on an offender under this chapter.
IC 11-8-8.".
SOURCE: Page 6, line 3; (07)MO138607.6. -->
Page 6, line 3, after "section," insert " and except as provided in
subsection (d),".
Page 6, line 14, after "age" insert " and the person is not the child's
parent or guardian".
Page 6, between lines 18 and 19, begin a new line blocked left and
insert:
" A person is an offender against children by operation of law if the
person meets the conditions described in subdivision (1) or (2), no
matter when the person committed the offense.".
Page 6, line 19, strike "two" and insert " three".
Page 6, line 20, strike "(2)" and insert " (3)".
Page 6, line 20, after "residence" insert " , or, if the person does not
reside in a residence, in a particular location,".
Page 6, between lines 28 and 29, begin a new paragraph and insert:
" (d) This subsection does not apply to a person who has two (2)
or more unrelated convictions for an offense described in
subsection (a). A person who is an offender against children may
petition the court to consider whether the person should no longer
be considered an offender against children. The person may file a
petition under this subsection not earlier than ten (10) years after
the person is released from incarceration, probation, or parole,
whichever occurs last. A person may file a petition under this
subsection not more than one (1) time per year. A court may
dismiss a petition filed under this subsection or conduct a hearing
to determine if a person should no longer be considered an
offender against children. If the court conducts a hearing, the court
shall appoint two (2) psychologists or psychiatrists who have
expertise in criminal behavioral disorders to evaluate the person
and testify at the hearing. After conducting the hearing and
considering the testimony of the two (2) psychologists or
psychiatrists, the court shall determine whether the person should
no longer be considered an offender against children. If a court
finds that the person should no longer be considered an offender
against children, the court shall send notice to the department of
correction that the person is no longer considered an offender
against children.
SOURCE: IC 35-50-2-2; (07)MO138607.25. -->
SECTION 25. IC 35-50-2-2, AS AMENDED BY P.L.151-2006,
SECTION 28, AS AMENDED BY P.L.140-2006, SECTION 36, AND
AS AMENDED BY P.L.173-2006, SECTION 36, IS CORRECTED
AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 2. (a) The court may suspend any part of a sentence for a
felony, except as provided in this section or in section 2.1 of this
chapter.
(b) With respect to the following crimes listed in this subsection, the
court may suspend only that part of the sentence that is in excess of the
minimum sentence, unless the court has approved placement of the
offender in a forensic diversion program under IC 11-12-3.7:
(1) The crime committed was a Class A or Class B felony and the
person has a prior unrelated felony conviction.
(2) The crime committed was a Class C felony and less than seven
(7) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class C felony for which the person is
being sentenced.
(3) The crime committed was a Class D felony and less than three
(3) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class D felony for which the person is
being sentenced. However, the court may suspend the minimum
sentence for the crime only if the court orders home detention
under IC 35-38-1-21 or IC 35-38-2.5-5 instead of the minimum
sentence specified for the crime under this chapter.
(4) The felony committed was:
(A) murder (IC 35-42-1-1);
(B) battery (IC 35-42-2-1) with a deadly weapon or battery
causing death;
(C) sexual battery (IC 35-42-4-8) with a deadly weapon;
(D) kidnapping (IC 35-42-3-2);
(E) confinement (IC 35-42-3-3) with a deadly weapon;
(F) rape (IC 35-42-4-1) as a Class A felony;
(G) criminal deviate conduct (IC 35-42-4-2) as a Class A
felony;
(H) child molesting (IC 35-42-4-3) as a Class A or Class B
felony, unless:
(i) the felony committed was child molesting as a Class B
felony;
(ii) the victim was not less than twelve (12) years old at
the time the offense was committed;
(iii) the person is not more than four (4) years older than
the victim;
(iv) the relationship between the person and the victim
was a dating relationship or an ongoing personal
relationship (not including a family relationship);
(v) was not committed by a person having a position of
authority or substantial influence over the victim; and
(vi) 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;
(I) robbery (IC 35-42-5-1) resulting in serious bodily injury or
with a deadly weapon;
(J) arson (IC 35-43-1-1) for hire or resulting in serious bodily
injury;
(K) burglary (IC 35-43-2-1) resulting in serious bodily injury
or with a deadly weapon;
(L) resisting law enforcement (IC 35-44-3-3) with a deadly
weapon;
(M) escape (IC 35-44-3-5) with a deadly weapon;
(N) rioting (IC 35-45-1-2) with a deadly weapon;
(O) dealing in cocaine or a narcotic drug or methamphetamine
(IC 35-48-4-1) if the court finds the person possessed a firearm
(as defined in IC 35-47-1-5) at the time of the offense, or the
person delivered or intended to deliver to a person under
eighteen (18) years of age at least three (3) years junior to the
person and was on a school bus or within one thousand (1,000)
feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(P) dealing in methamphetamine (IC 35-48-4-1.1) if the court
finds the person possessed a firearm (as defined in
IC 35-47-1-5) at the time of the offense, or the person
delivered or intended to deliver the methamphetamine pure or
adulterated to a person under eighteen (18) years of age at
least three (3) years junior to the person and was on a school
bus or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(P) (Q) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2) if the court finds the person possessed a firearm
(as defined in IC 35-47-1-5) at the time of the offense, or the
person delivered or intended to deliver to a person under
eighteen (18) years of age at least three (3) years junior to the
person and was on a school bus or within one thousand (1,000)
feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(Q) (R) an offense under IC 9-30-5 (operating a vehicle while
intoxicated) and the person who committed the offense has
accumulated at least two (2) prior unrelated convictions under
IC 9-30-5;
(R) (S) an offense under IC 9-30-5-5(b) (operating a vehicle
while intoxicated causing death); or
(S) (T) aggravated battery (IC 35-42-2-1.5).
(c) Except as provided in subsection (e), whenever the court
suspends a sentence for a felony, it shall place the person on probation
under IC 35-38-2 for a fixed period to end not later than the date that
the maximum sentence that may be imposed for the felony will expire.
(d) The minimum sentence for a person convicted of voluntary
manslaughter may not be suspended unless the court finds at the
sentencing hearing that the crime was not committed by means of a
deadly weapon.
(e) Whenever the court suspends that part of an a sex offender's (as
defined in IC 5-2-12-4) IC 11-8-8-5) sentence that is suspendible under
subsection (b), the court shall place the sex offender on probation under
IC 35-38-2 for not more than ten (10) years.
(f) An additional term of imprisonment imposed under
IC 35-50-2-11 may not be suspended.
(g) A term of imprisonment imposed under IC 35-47-10-6 or
IC 35-47-10-7 may not be suspended if the commission of the offense
was knowing or intentional.
(h) A term of imprisonment imposed for an offense under
IC 35-48-4-6(b)(1)(B) or IC 35-48-4-6.1(b)(1)(B) may not be
suspended.
SOURCE: IC 35-50-6-1; (07)MO138607.26. -->
SECTION 26. IC 35-50-6-1, AS AMENDED BY P.L.139-2006,
SECTION 6, AS AMENDED BY P.L.140-2006, SECTION 38, AND
AS AMENDED BY P.L.173-2006, SECTION 38, IS CORRECTED
AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 1. (a) Except as provided in subsection (d) or (e), when a
person imprisoned for a felony completes the person's fixed term of
imprisonment, less the credit time the person has earned with respect
to that term, the person shall be:
(1) released on parole for not more than twenty-four (24) months,
as determined by the parole board;
(2) discharged upon a finding by the committing court that the
person was assigned to a community transition program and may
be discharged without the requirement of parole; or
(3) released to the committing court if the sentence included a
period of probation.
(b) This subsection does not apply to a person described in
subsection (d), (e), or (f). A person released on parole remains on
parole from the date of release until the person's fixed term expires,
unless the person's parole is revoked or the person is discharged from
that term by the parole board. In any event, if the person's parole is not
revoked, the parole board shall discharge the person after the period set
under subsection (a) or the expiration of the person's fixed term,
whichever is shorter.
(c) A person whose parole is revoked shall be imprisoned for all or
part of the remainder of the person's fixed term. However, the person
shall again be released on parole when the person completes that
remainder, less the credit time the person has earned since the
revocation. The parole board may reinstate the person on parole at any
time after the revocation.
(d) This subsection does not apply to a person who is a sexually
violent predator under IC 35-38-1-7.5. When a sex offender (as defined
in IC 5-2-12-4) IC 11-8-8-5) completes the sex offender's fixed term of
imprisonment, less credit time earned with respect to that term, the sex
offender shall be placed on parole for not more than ten (10) years.
(e) This subsection applies to a person who is a sexually violent
predator under IC 35-38-1-7.5. When a sexually violent predator
completes the person's fixed term of imprisonment, less credit time
earned with respect to that term, the person shall be placed on parole
for the remainder of the person's life.
(f) This subsection applies to a parolee in another jurisdiction who
is a sexually violent predator under IC 35-38-1-7.5 and whose parole
supervision is transferred to Indiana from another jurisdiction. In
accordance with IC 11-13-4-1(2) (Interstate Compact for Out-of-State
Probationers and Parolees) and rules adopted under Article VII (d)(8)
of the Interstate Compact for Adult Offender Supervision (IC
11-13-4.5), a parolee who is a sexually violent predator and whose
parole supervision is transferred to Indiana is subject to the same
conditions of parole as a sexually violent predator convicted in Indiana,
including:
(1) lifetime parole (as described in subsection (e)); and
(2) the requirement that the person wear a monitoring device (as
described in IC 35-38-2.5-3) that can transmit information
twenty-four (24) hours each day regarding a person's precise
location, if applicable.
(g) If a person being supervised on lifetime parole as described in
subsection (e) is also required to be supervised by a court, a probation
department, a community corrections program, a community transition
program, or another similar program upon the person's release from
imprisonment, the parole board may:
(1) supervise the person while the person is being supervised by
the other supervising agency; or
(2) permit the other supervising agency to exercise all or part of
the parole board's supervisory responsibility during the period in
which the other supervising agency is required to supervise the
person, if supervision by the other supervising agency will be, in
the opinion of the parole board:
(A) at least as stringent; and
(B) at least as effective;
as supervision by the parole board.
(h) The parole board is not required to supervise a person on
lifetime parole during any period in which the person is imprisoned.
However, upon the person's release from imprisonment, the parole
board shall recommence its supervision of a person on lifetime parole.
(i) If a court orders the parole board to place a sexually violent
predator whose sentence does not include a commitment to the
department of correction on lifetime parole under IC 35-38-1-29,
the parole board shall place the sexually violent predator on
lifetime parole and supervise the person in the same manner that
the parole board supervises a sexually violent predator on lifetime
parole whose sentence includes a commitment to the department
of correction.
SOURCE: IC 35-50-6-3; (07)MO138607.27. -->
SECTION 27. IC 35-50-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) A person
assigned to Class I earns one (1) day of credit time for each day he the
person is imprisoned for a crime or confined awaiting trial or
sentencing.
(b) A person assigned to Class II earns one (1) day of credit time for
every two (2) days he the person is imprisoned for a crime or confined
awaiting trial or sentencing.
(c) A person assigned to Class III earns no credit time.
(d) A person assigned to Class IV earns one (1) day of credit for
every six (6) days the person is imprisoned for a crime or confined
awaiting trial or sentencing.
SOURCE: IC 35-50-6-4; (07)MO138607.28. -->
SECTION 28. IC 35-50-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) A person who is
not a credit restricted felon and who is imprisoned for a crime or
imprisoned awaiting trial or sentencing is initially assigned to Class I.
(b) A person who is a credit restricted felon and who is
imprisoned for a crime or imprisoned awaiting trial or sentencing
is initially assigned to Class IV. A credit restricted felon may not
be assigned to Class I or Class II.
(b) (c) A person who is not assigned to Class IV may be reassigned
to Class II or Class III if he the person violates any of the following:
(1) A rule of the department of correction.
(2) A rule of the penal facility in which he the person is
imprisoned.
(3) A rule or condition of a community transition program.
However, a violation of a condition of parole or probation may not be
the basis for reassignment. Before a person may be reassigned to a
lower credit time class, he the person must be granted a hearing to
determine his the person's guilt or innocence and, if found guilty,
whether reassignment is an appropriate disciplinary action for the
violation. The person may waive his the right to the hearing.
(d) A person who is assigned to Class IV may be reassigned to
Class III if the person violates any of the following:
(1) A rule of the department of correction.
(2) A rule of the penal facility in which the person is
imprisoned.
(3) A rule or condition of a community transition program.
However, a violation of a condition of parole or probation may not
be the basis for reassignment. Before a person may be reassigned
to Class III, the person must be granted a hearing to determine the
person's guilt or innocence and, if found guilty, whether
reassignment is an appropriate disciplinary action for the
violation. The person may waive the right to the hearing.
(c) (e) In connection with the hearing granted under subsection (b),
(c) or (d), the person is entitled to:
(1) have not less than twenty-four (24) hours advance written
notice of the date, time, and place of the hearing, and of the
alleged misconduct and the rule the misconduct is alleged to have
violated;
(2) have reasonable time to prepare for the hearing;
(3) have an impartial decisionmaker;
(4) appear and speak in his the person's own behalf;
(5) call witnesses and present evidence;
(6) confront and cross-examine each witness, unless the hearing
authority finds that to do so would subject a witness to a
substantial risk of harm;
(7) have the assistance of a lay advocate (the department may
require that the advocate be an employee of, or a fellow prisoner
in, the same facility or program);
(8) have a written statement of the findings of fact, the evidence
relied upon, and the reasons for the action taken;
(9) have immunity if his the person's testimony or any evidence
derived from his the person's testimony is used in any criminal
proceedings; and
(10) have his the person's record expunged of any reference to
the charge if he the person is found not guilty or if a finding of
guilt is later overturned.
Any finding of guilt must be supported by a preponderance of the
evidence presented at the hearing.
(d) (f) A person may be reassigned from Class III to Class I, or Class
II, or Class IV, or from Class II to Class I. A person's assignment to
Class III or Class II shall be reviewed at least once every six (6) months
to determine if he the person should be reassigned to a higher credit
time class. A credit restricted felon may not be reassigned to Class
I or Class II.
SOURCE: IC 35-50-6-5; (07)MO138607.29. -->
SECTION 29. IC 35-50-6-5, AS AMENDED BY P.L.173-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 5. (a) A person may, with respect to the same
transaction, be deprived of any part of the credit time the person has
earned for any of the following:
(1) A violation of one (1) or more rules of the department of
correction.
(2) If the person is not committed to the department, a violation
of one (1) or more rules of the penal facility in which the person
is imprisoned.
(3) A violation of one (1) or more rules or conditions of a
community transition program.
(4) If a court determines that a civil claim brought by the person
in a state or an administrative court is frivolous, unreasonable, or
groundless.
(5) If the person is a sex offender (as defined in IC 11-8-8-5) and
refuses to register before being released from the department as
required under IC 11-8-8-7.
(6) If the person is a sex offender (as defined in IC 11-8-8-5) and
refuses to participate in a sex offender treatment program
specifically offered to the sex offender by the department of
correction while the person is serving a period of incarceration
with the department of correction.
However, the violation of a condition of parole or probation may not be
the basis for deprivation. Whenever a person is deprived of credit time,
he the person may also be reassigned to Class II (if the person is not
a credit restricted felon) or Class III.
(b) Before a person may be deprived of earned credit time, the
person must be granted a hearing to determine the person's guilt or
innocence and, if found guilty, whether deprivation of earned credit
time is an appropriate disciplinary action for the violation. In
connection with the hearing, the person is entitled to the procedural
safeguards listed in section 4(c) section 4(e) of this chapter. The person
may waive the person's right to the hearing.
(c) Any part of the credit time of which a person is deprived under
this section may be restored.
SOURCE: IC 36-2-13-5.5; (07)MO138607.30. -->
SECTION 30. IC 36-2-13-5.5, AS AMENDED BY P.L.173-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 5.5. (a) The sheriffs shall jointly establish and
maintain an Indiana sex offender web site, known as the Indiana 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 updated at least
daily.
(b) The Indiana 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 under IC 11-8-8-8.
(c) Every time a sex offender registers, but at least once per year, the
sheriff shall:
(1) photograph the sex offender; and
(2) determine whether the sex offender's fingerprints are on
file:
(A) in Indiana; or
(B) with the Federal Bureau of Investigation.
If it appears that the sex offender's fingerprints are not on file as
described in subdivision (2), the sheriff shall fingerprint the sex
offender and transmit a copy of the fingerprints to the state police
department. The sheriff shall place this the photograph described in
subdivision (1) on the Indiana 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 Indiana
sex offender web site.
(e) The Indiana 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.
SOURCE: IC 36-2-13-5.6; (07)MO138607.31. -->
SECTION 31. IC 36-2-13-5.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 5.6. (a) The legislative body of a
county may adopt an ordinance:
(1) requiring the local law enforcement authority (as defined
in IC 11-8-8-2) to collect:
(A) an annual sex offender registration fee; and
(B) a sex offender address change fee; and
(2) establishing a county sex offender administration fund to
fund the administration of the sex offender registration
system.
(b) If an ordinance is adopted under subsection (a), the
legislative body of the county shall establish the amount of the
annual sex offender registration fee. However, the annual sex
offender registration fee may not exceed fifty dollars ($50).
(c) If an ordinance is adopted under subsection (a), the
legislative body of the county shall establish the amount of the sex
offender address change fee. However, a sex offender address
change fee may not exceed five dollars ($5) per address change.
(d) The legislative body of the county shall determine the
manner in which the local law enforcement authority shall collect
the annual sex offender registration fee and the sex offender
address change fee. However, the annual sex offender registration
fee may be collected only one (1) time per year. The sex offender
address change fee may be collected each time a sex offender
registers an address change with the local law enforcement
authority.
(e) The local law enforcement authority shall transfer fees
collected under this section to the county auditor of the county in
which the local law enforcement authority exercises jurisdiction.
(f) The county auditor shall monthly:
(1) deposit ninety percent (90%) of any fees collected under
this section in the county sex offender administration fund
established under subsection (a); and
(2) transfer ten percent (10%) of any fees collected under this
section to the treasurer of state for deposit in the state sex
offender administration fund under IC 11-8-8-21.
(g) A county fiscal body may appropriate money from the
county sex offender administration fund to an agency or
organization involved in the administration of the sex offender
registry to defray the expense of administering or ensuring
compliance with the laws concerning the Indiana sex offender
registry.".
SOURCE: Page 6, line 29; (07)MO138607.6. -->
Page 6, line 29, after "2007]" insert " (a) IC 35-38-1-29, as added
by this act, and IC 11-8-8-17, IC 11-8-8-18,".
Page 6, line 29, after "35-42-4-6" insert " , IC 35-42-4-9,
IC 35-42-4-10,".
Page 6, line 30, after "IC 35-42-4-11," insert " and IC 35-50-6-1(i),".
Page 6, line 30, delete "both" and insert " all".
Page 6, after line 31, begin a new paragraph and insert:
" (b) IC 35-41-1-5.5, as added by this act, and IC 35-50-6-3,
IC 35-50-6-4, and IC 35-50-6-5, all as amended by this act, apply
only to persons convicted after June 30, 2007.
SOURCE: ; (07)MO138607.34. -->
SECTION 34.
An emergency is declared for this act."
Renumber all SECTIONS consecutively.
(Reference is to EHB 1386 as printed March 13, 2007.)
________________________________________
Senator BRAY