HB 1287-1_ Filed 03/12/2007, 11:09
Adopted 3/12/2007
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Judiciary, to which was referred House Bill No. 1287, has had the
same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 1; (07)CR128702.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 3-7-13-5; (07)CR128702.1. -->
"SECTION 1. IC 3-7-13-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) A person
described in section 4 of this chapter who is otherwise qualified to
register under this article is eligible to register when the person is no
longer:
(1) imprisoned; or
(2) otherwise subject to lawful detention.
(b) Notwithstanding IC 35-47-2, IC 35-47-2.5, or the restoration of
the right to vote under this section and except as provided in
subsections (c), (d), and (g) IC 35-47-4-7, a person who has been
convicted of a crime of domestic violence (as defined in
IC 35-41-1-6.3) may not possess a firearm upon the person's release
from imprisonment or lawful detention.
(c) Not earlier than five (5) years after the date of conviction, a
person who has been convicted of a crime of domestic violence (as
defined in IC 35-41-1-6.3) may petition the court for restoration of the
person's right to possess a firearm. In determining whether to restore
the person's right to possess a firearm, the court shall consider the
following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from
possessing a firearm.
(2) Whether the person has successfully completed a substance
abuse program, if applicable.
(3) Whether the person has successfully completed a parenting
class, if applicable.
(4) Whether the person still presents a threat to the victim of the
crime.
(5) Whether there is any other reason why the person should not
possess a firearm, including whether the person failed to complete
a specified condition under subsection (d) or whether the person
has committed a subsequent offense.
(d) The court may condition the restoration of a person's right to
possess a firearm upon the person's completion of specified conditions.
(e) If the court denies a petition for restoration of the right to possess
a firearm, the person may not file a second or subsequent petition until
one (1) year has elapsed.
(f) A person has not been convicted of a crime of domestic violence
for purposes of subsection (c) if the conviction has been expunged or
if the person has been pardoned.
(g) The right to possess a firearm shall be restored to a person
whose conviction is reversed on appeal or on post-conviction review at
the earlier of the following:
(1) At the time the prosecuting attorney states on the record that
the charges that gave rise to the conviction will not be refiled.
(2) Ninety (90) days after the final disposition of the appeal or the
post-conviction proceeding.".
SOURCE: Page 9, line 22; (07)CR128702.9. -->
Page 9, delete lines 22 through 42.
Page 10, delete lines 1 through 29.
Page 14, between lines 29 and 30, begin a new paragraph and insert:
SOURCE: IC 33-35-5-5; (07)CR128702.24. -->
"SECTION 24. IC 33-35-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. All issues of fact
pending in city courts shall be tried by the judge, unless either party
demands a jury trial. The jury must consist of six (6) qualified voters
residents of the city, to be summoned by the bailiff by venire issued by
the judge. City residents shall be selected for jury service according
to the procedures set out in IC 33-28-5.".
SOURCE: Page 19, line 16; (07)CR128702.19. -->
Page 19, line 16, delete "IC 33-28-5-18" and insert " IC 35-47-4-7".
Page 19, between lines 29 and 30, begin a new paragraph and insert:
SOURCE: IC 35-47-1-7; (07)CR128702.33. -->
"SECTION 33. IC 35-47-1-7, AS AMENDED BY P.L.49-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 7. "Proper person" means a person who:
(1) does not have a conviction for resisting law enforcement
under IC 35-44-3-3 within five (5) years before the person applies
for a license or permit under this chapter;
(2) does not have a conviction for a crime for which the person
could have been sentenced for more than one (1) year;
(3) does not have a conviction for a crime of domestic violence
(as defined in IC 35-41-1-6.3), unless a court has restored the
person's right to possess a firearm under IC 3-7-13-5;
IC 35-47-4-7;
(4) is not prohibited by a court order from possessing a handgun;
(5) does not have a record of being an alcohol or drug abuser as
defined in this chapter;
(6) does not have documented evidence which would give rise to
a reasonable belief that the person has a propensity for violent or
emotionally unstable conduct;
(7) does not make a false statement of material fact on the
person's application;
(8) does not have a conviction for any crime involving an inability
to safely handle a handgun;
(9) does not have a conviction for violation of the provisions of
this article within five (5) years of the person's application; or
(10) does not have an adjudication as a delinquent child for an act
that would be a felony if committed by an adult, if the person
applying for a license or permit under this chapter is less than
twenty-three (23) years of age.".
SOURCE: Page 19, line 38; (07)CR128702.19. -->
Page 19, line 38, strike "IC 3-7-13-5 or".
Page 19, line 38, delete "IC 33-28-5-18," and insert " IC 35-47-4-7,".
Page 20, line 7, strike "IC 3-7-13-5".
Page 20, line 8, strike "or".
Page 20, line 8, delete "IC 33-28-5-18" and insert " IC 35-47-4-7".
Page 20, between lines 8 and 9, begin a new paragraph and insert:
SOURCE: IC 35-47-4-7; (07)CR128702.36. -->
"SECTION 36. IC 35-47-4-7 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]:
Sec. 7. (a) Notwithstanding IC 35-47-2, IC 35-47-2.5, the
restoration of the right to serve on a jury under IC 33-28-5-18, or
the restoration of the right to vote under IC 3-7-13-5, and except
as provided in subsections (b), (c), and (f), a person who has been
convicted of a crime of domestic violence may not possess a firearm
after the person's release from imprisonment or lawful detention.
(b) Not earlier than five (5) years after the date of conviction, a
person who has been convicted of a crime of domestic violence may
petition the court for restoration of the person's right to possess a
firearm. In determining whether to restore the person's right to
possess a firearm, the court shall consider the following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from
possessing a firearm.
(2) Whether the person has successfully completed a
substance abuse program, if applicable.
(3) Whether the person has successfully completed a
parenting class, if applicable.
(4) Whether the person still presents a threat to the victim of
the crime.
(5) Whether there is any other reason why the person should
not possess a firearm, including whether the person failed to
satisfy a specified condition under subsection (c) or whether
the person has committed a subsequent offense.
(c) The court may condition the restoration of a person's right
to possess a firearm upon the person's satisfaction of specified
conditions.
(d) If the court denies a petition for restoration of the right to
possess a firearm, the person may not file a second or subsequent
petition until one (1) year has elapsed after the filing of the most
recent petition.
(e) A person has not been convicted of a crime of domestic
violence for purposes of subsection (a) if the conviction has been
expunged or if the person has been pardoned.
(f) The right to possess a firearm shall be restored to a person
whose conviction is reversed on appeal or on postconviction review
at the earlier of the following:
(1) At the time the prosecuting attorney states on the record
that the charges that gave rise to the conviction will not be
refiled.
(2) Ninety (90) days after the final disposition of the appeal or
the postconviction proceeding.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1287 as reprinted February 20, 2007.)
and when so amended that said bill do pass.
Committee Vote: Yeas 8, Nays 0.
____________________________________
Bray
CR128702/DI 106 2007