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Indiana General Assembly
House Bill 1437


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House Bill 1437

ARCHIVE (2007)

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DIGEST OF HB 1437 (Updated April 28, 2007 3:15 pm - DI 107)

Forensic diversion and criminal gangs. Imposes additional requirements for a person to participate in a pre-conviction or post-conviction forensic diversion program. Provides that a person who has both a mental illness and an addictive disorder may participate in a forensic diversion program. (Current law allows a person who has a mental illness or an addictive disorder to participate.) Permits a court to allow a person by a prosecuting attorney's office or pretrial services bureau to utilize the facilities or programs offered by an alcohol and drug services program. Changes the definition of "criminal gang", for purposes of certain criminal statutes, to provide that a criminal gang consists of at least three members (instead of five members). Makes it a Class D felony for an individual to solicit, recruit, entice, or intimidate another individual to join a criminal gang. Makes criminal gang recruitment a Class C felony if: (1) the solicitation, recruitment, enticement, or intimidation to join a criminal gang occurs within 1,000 feet of school property; or (2) the individual being solicited, recruited, enticed, or intimidated to join a criminal gang is less than 18 years of age. Requires the criminal justice institute to develop, maintain, and identify grants and other funds for the criminal gang witness protection program. Establishes a program to assist a person who witnesses criminal gang crime with certain expenses. Requires a court to order a criminal gang member to make restitution to a victim of a felony or misdemeanor committed by the criminal gang member. (The introduced version of this bill was prepared by the forensic diversion study committee.)
Current Status:
 Law Enacted
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