Introduced Version






SENATE BILL No. 86

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 11-8-8-5.

Synopsis: Sex and violent offender registry. Provides that a person convicted of murder or voluntary manslaughter is required to register as a sex or violent offender only if the person was in the custody of the department of correction or convicted after June 30, 2007. (The introduced version of this bill was prepared by the sentencing policy study committee.)

Effective: July 1, 2008.





Steele




    January 8, 2008, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

Second Regular Session 115th General Assembly (2008)


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SENATE BILL No. 86



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 11-8-8-5; (08)IN0086.1.1. -->     SECTION 1. IC 11-8-8-5, AS AMENDED BY P.L.216-2007, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. (a) Except as provided in section 22 of this chapter, as used in this chapter, "sex or violent offender" means a person convicted of any of the following offenses:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2).
        (3) Child molesting (IC 35-42-4-3).
        (4) Child exploitation (IC 35-42-4-4(b)).
        (5) Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).
        (6) Child solicitation (IC 35-42-4-6).
        (7) Child seduction (IC 35-42-4-7).
        (8) Sexual misconduct with a minor as a Class A, Class B, or Class C felony (IC 35-42-4-9), unless:
            (A) the person is convicted of sexual misconduct with a minor as a Class C felony;
            (B) the person is not more than:
                (i) four (4) years older than the victim if the offense was committed after June 30, 2007; or
                (ii) five (5) years older than the victim if the offense was committed before July 1, 2007; and
            (C) the sentencing court finds that the person should not be required to register as a sex offender.
        (9) Incest (IC 35-46-1-3).
        (10) Sexual battery (IC 35-42-4-8).
        (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, and the person who kidnapped the victim is not the victim's parent or guardian.
        (12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim's parent or guardian.
        (13) Possession of child pornography (IC 35-42-4-4(c)).
        (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
        (15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the victim is less than eighteen (18) years of age.
        (16) Sexual trafficking of a minor (IC 35-42-3.5-1(b)).
        (17) Human trafficking (IC 35-42-3.5-1(c)(3)) if the victim is less than eighteen (18) years of age.
        (18) Murder (IC 35-42-1-1), if the person was:
            (A) in the custody of the department of correction; or
            (B) convicted;
        after June 30, 2007.

        (19) Voluntary manslaughter (IC 35-42-1-3), if the person was:
            (A) in the custody of the department of correction; or
            (B) convicted;
        after June 30, 2007.

        (20) An attempt or conspiracy to commit a crime listed in subdivisions (1) through (19).
        (21) A crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in subdivisions (1) through (20).
    (b) The term includes:
        (1) a person who is required to register as a sex or violent offender in any jurisdiction; and
        (2) a child who has committed a delinquent act and who:
            (A) is at least fourteen (14) years of age;
            (B) is on probation, is on parole, is discharged from a facility by the department of correction, is discharged from a secure

private facility (as defined in IC 31-9-2-115), or is discharged from a juvenile detention facility as a result of an adjudication as a delinquent child for an act that would be an offense described in subsection (a) if committed by an adult; and
            (C) is found by a court by clear and convincing evidence to be likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.
    (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.