YES:
MR. SPEAKER:
Your Committee on Judiciary , to which was referred House Bill 1134 , has had
the same under consideration and begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
communicate over the Internet in real time using typed text.
or (a)(3), the sex or violent 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 or violent offender described in subsection (a)(2) shall
register with the local law enforcement authority in the county where
the sex or violent offender is or intends to be employed or carry on a
vocation. If a sex or violent offender is or intends to be employed or
carry on a vocation in more than one (1) county, the sex or violent
offender shall register with the local law enforcement authority in each
county. If the sex or violent offender is also required to register under
subsection (a)(1) or (a)(3), the sex or violent 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 or violent offender described in subsection (a)(3) shall
register with the local law enforcement authority in the county where
the sex or violent offender is enrolled or intends to be enrolled as a
student. If the sex or violent offender is also required to register under
subsection (a)(1) or (a)(2), the sex or violent 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 or violent 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 or violent offender is also
required to register under subsection (a)(1)(A), (a)(2), or (a)(3), the sex
or violent 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 or violent offender committed to the department shall
register with the department before the sex or violent offender is
released from incarceration. The department shall forward the sex or
violent offender's registration information to the local law enforcement
authority of every county in which the sex or violent offender is
required to register.
(g) This subsection does not apply to a sex or violent offender who
is a sexually violent predator. A sex or violent offender not committed
to the department shall register not more than seven (7) days after the
sex or violent offender:
(1) is released from a penal facility (as defined in IC 35-41-1-21);
violent 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 or violent offender
photographs (and other identifying information required by
IC 36-2-13-5.5) to the Indiana sex and violent 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 and violent offender registry web site established under
IC 36-2-13-5.5.
(j) When a sex or violent offender registers, the local law
enforcement authority shall:
(1) immediately update the Indiana sex and violent offender
registry web site established under IC 36-2-13-5.5;
(2) notify every law enforcement agency having jurisdiction in the
county where the sex or violent offender resides; and
(3) update the National Crime Information Center National Sex
Offender Registry data base via the Indiana data and
communications system (IDACS).
When a sex or violent offender from a jurisdiction outside Indiana
registers a change of address, electronic mail address, instant
messaging username, electronic chat room username, social
networking web site username, employment, vocation, or enrollment
in Indiana, the local law enforcement authority shall provide the
department with the information provided by the sex or violent
offender during registration.
owns or operates on a regular basis, principal residence address,
other address where the sex or violent offender spends more than
seven (7) nights in a fourteen (14) day period, and mailing
address, if different from the sex or violent offender's principal
residence address.
(2) A description of the offense for which the sex or violent
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 or
violent offender's employers in Indiana, the name and address of
each campus or location where the sex or violent offender is
enrolled in school in Indiana, and the address where the sex or
violent offender stays or intends to stay while in Indiana.
(4) A recent photograph of the sex or violent offender.
(5) If the sex or violent offender is a sexually violent predator,
that the sex or violent offender is a sexually violent predator.
(6) If the sex or violent offender is required to register for life,
that the sex or violent offender is required to register for life.
(7) Any electronic mail address, instant messaging username,
electronic chat room username, or social networking web site
username that the sex or violent offender uses or intends to
use.
(7) (8) Any other information required by the department.
(b) If the sex or violent offender registers any information under
subsection (a)(7), the offender shall sign a consent form authorizing
any business or organization that offers electronic
communications, Internet access, or remote computer services to
provide the department and the state police department all
information concerning the sex or violent offender that the
business or organization is aware of, including the sex or violent
offender's Internet usage.
the sex or violent offender's current principal place of employment,
principal place of vocation, or campus or location where the sex or
violent offender is enrolled in school shall inform the local law
enforcement authority in the new county of the sex or violent 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 or violent offender moves the sex or violent 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 or violent offender's new place of residence,
employment, vocation, or enrollment.
(f) If a sex or violent offender who is required to register under
this chapter changes or obtains a new:
(1) electronic mail address;
(2) instant messaging username;
(3) electronic chat room username; or
(4) social networking web site username;
the sex or violent offender shall report in person to the local law
enforcement authority having jurisdiction over the sex or violent
offender's current principal address or location and shall provide
the local law enforcement authority with the new address or
username not more than seventy-two (72) hours after the change
or creation of the address or username.
(f) (g) 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 or violent offender.
(g) (h) A local law enforcement authority who is notified of a
change under subsection (a), or (c), or (f) shall:
(1) immediately update the Indiana sex and violent 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) (i) If a sex or violent 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
or violent offender during registration to the department.
(i) (j) If a sex or violent 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 or violent offender during registration to the department.
for an act that would be a sex offense if committed by an adult, if,
after considering expert testimony, a court finds by clear and
convincing evidence that the person is likely to commit an
additional sex offense; or
(4) commits a sex offense (as defined in IC 11-8-8-5.2) while
having had a previous unrelated adjudication as a delinquent child
for an act that would be a sex offense if committed by an adult, if
the person was required to register as a sex or violent offender
under IC 11-8-8-5(b)(2);
is a sexually violent predator. Except as provided in subsection (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) and the person was released from incarceration,
secure detention, or probation for the offense after June 30, 1994.
(c) This section applies whenever a court sentences a person or a
juvenile court issues a dispositional decree for a sex offense (as defined
in IC 11-8-8-5.2) 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 indicate on the record
whether the person has been convicted of an offense that makes the
person a sexually violent predator under subsection (b).
(e) If a person 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 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 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 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 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 11-8-8-4.5
for which the person is required to register under IC 11-8-8. A person
who is a sexually violent predator may petition the sentencing court or
the juvenile court (if the person was convicted or adjudicated in
Indiana), or the circuit or superior court in the county in which the
person resides (if the person was not convicted or adjudicated in
Indiana), 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 determination
under subsection (e); or
(2) the person 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 the 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 psychiatrists,
the court shall determine whether the person has proved by a
preponderance of the evidence (if the person has been found to be
a sexually violent predator under subsection (e)), or by clear and
convincing evidence (if the person is a sexually violent predator
under subsection (b)), that 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 person did not have 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.
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.
(b) Except as provided in subsections (c) and (d), as a condition
of probation for an offender against children under IC 35-42-4-11
who is convicted of an offense listed in IC 35-42-4-11(a)(2), the
court shall prohibit the sex offender from being on the property of
a primary or secondary school.
(c) If a sex offender who is an offender against children under
IC 35-42-4-11 and is convicted of an offense listed in
IC 35-42-4-11(a)(2) attends a primary or secondary school, the
court, as a condition of probation, shall prohibit the sex offender
from being on the property of a primary or secondary school other
than the primary or secondary school that the sex offender attends.
(d) As a condition of probation for an offender against children
under IC 35-42-4-11 who is convicted of an offense listed in
IC 35-42-4-11(a)(2) and is a parent or guardian of a child who
attends a primary or secondary school, the court shall:
(1) require the sex offender to provide written notification
that the sex offender is an offender against children to:
(A) the school; and
(B) the school corporation, if the school is a public school;
and
(2) prohibit the sex offender from being on the school
property of the primary or secondary school that the sex
offender's child attends unless the sex offender is:
(A) attending a meeting with a teacher or school
administrator; and
(B) escorted by an employee of the school or school district
while on school property.
age;
(2) it is committed by using or threatening the use of deadly force
or while armed with a deadly weapon;
(3) it results in serious bodily injury; or
(4) 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 who, with a child under fourteen (14) 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 child molesting, a Class
C felony. However, the offense:
(1) is a Class B felony if the person compels the child to
submit to the fondling or touching by using or threatening to
use force; and
(2) is a Class A felony if:
(1) (A) it is committed by using or threatening the use of
deadly force;
(2) (B) it is committed while armed with a deadly weapon; or
(3) (C) 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 sixteen (16) years of age or older at the time of the
conduct, unless:
(1) the offense is committed by using or threatening the use of
deadly force or while armed with a deadly weapon;
(2) the offense results in serious bodily injury; or
(3) 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.
amended by this act, apply".
Renumber all SECTIONS consecutively.
(Reference is to HB 1134 as introduced.)
and when so amended that said bill do pass.