Fabio
114 lines
13 KiB
Markdown
114 lines
13 KiB
Markdown
---
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type: "Bill"
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title: "Criminal law issues."
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description: "Provides that, if certain criminal penalties are increased (or, in the case of an infraction, imposed) due to a prior conviction or infraction committed by a defendant, the new offense must have been committed not later than 12 years from the later of the date: (1) of the conviction or infraction judgment; or (2) the person was released from incarceration, probation, or parole. Excludes certain crimes and classes of crimes from the 12 year lookback period. Specifies the duties of an operator of a boat who is involved in an accident or collision resulting in injury. Adds strangulation and domestic battery to the definition of \"crimes of violence\". Specifies that references to a conviction for Indiana offenses include: (1) an attempt to commit the offense; (2) a conspiracy to commit the offense; and (3) a substantially similar offense committed in another jurisdiction. Provides that credit earned by a person on pretrial home detention does not include accrued time. Makes it a crime to possess a firearm with an obliterated serial number (under current law, it is only a crime to possess a handgun with an obliterated serial number). Provides that a person who: (1) agrees with two or more persons to commit theft; and (2) performs an overt act in furtherance of the agreement; commits organized theft, a Level 6 felony. Prohibits a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult (serious delinquent) from possessing a firearm unless the person is at least: (1) 26 years of age, in the case of less serious acts; or (2) 28 years of age, in the case of more serious acts. Makes possession of a firearm by a serious delinquent a Level 6 felony, and increases the penalty to a Level 5 felony for a second or subsequent offense. Requires a juvenile court to transmit certain findings to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) upon a finding of delinquency for an act that would be a serious violent felony if committed by an adult. Allows a court to consider certain factors when evaluating a petition to expunge certain juvenile adjudications. Beginning July 1, 2021: (1) requires the office of judicial administration to collect and publish certain statistics related to the confiscation and retention of firearms; and (2) requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Provides that a person who knowingly makes a false report that another person is dangerous commits false informing, a Class B misdemeanor. Specifies that a person commits the offense of operating a vehicle with a controlled substance if the controlled substance is in the person's blood (rather than the person's body). Increases the penalty for operating a vehicle with a controlled substance in the person's blood if the person is transporting a child in the vehicle. Provides a defense to a \"smokable hemp\" offense if the hemp is carried in continuous transit from a licensed producer in another state through Indiana to a licensed handler in another state. Makes conforming amendments, reconciles conflicts, and makes technical corrections."
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jurisdiction: "us/states/in"
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legislature: "Indiana General Assembly"
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session: "2020"
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identifier: "SB 335"
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citation: "Indiana SB 335 (2020)"
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classification: ["bill"]
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subjects: ["BOATS AND BOATING", "CORRECTION", "Institutions and Inmates", "CRIMES AND OFFENSES generally", "CRIMES AND OFFENSES", "Offenses Against Property", "CRIMES AND OFFENSES", "Sentencing", "CRIMES AND OFFENSES", "Weapons", "INDIGENT PERSONS", "MARIJUANA", "SUPREME COURT AND COURT OFFICERS", "CRIMES AND OFFENSES", "Controlled Substances", "MOTOR VEHICLES", "Traffic Violations and Penalties"]
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status: "enacted"
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primary_sponsors: ["Eric Koch", "Liz Brown", "Michael Young", "Wendy McNamara"]
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version_count: 6
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action_count: 44
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vote_count: 2
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first_action: "2020-01-13"
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last_action: "2020-03-21"
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source: "openstates"
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source_identifier: "ocd-bill/eec9a5af-dd19-4ef8-857d-fcdca69140dd"
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source_url: "http://iga.in.gov/legislative/2020/bills/senate/335"
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source_hash: "0f6dec2d11d9e09e732d81ea62f0f85987118fc23b0ddde1aad88c5060161c3c"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-in"]
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---
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# Indiana SB 335 (2020) — Criminal law issues.
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Provides that, if certain criminal penalties are increased (or, in the case of an infraction, imposed) due to a prior conviction or infraction committed by a defendant, the new offense must have been committed not later than 12 years from the later of the date: (1) of the conviction or infraction judgment; or (2) the person was released from incarceration, probation, or parole. Excludes certain crimes and classes of crimes from the 12 year lookback period. Specifies the duties of an operator of a boat who is involved in an accident or collision resulting in injury. Adds strangulation and domestic battery to the definition of "crimes of violence". Specifies that references to a conviction for Indiana offenses include: (1) an attempt to commit the offense; (2) a conspiracy to commit the offense; and (3) a substantially similar offense committed in another jurisdiction. Provides that credit earned by a person on pretrial home detention does not include accrued time. Makes it a crime to possess a firearm with an obliterated serial number (under current law, it is only a crime to possess a handgun with an obliterated serial number). Provides that a person who: (1) agrees with two or more persons to commit theft; and (2) performs an overt act in furtherance of the agreement; commits organized theft, a Level 6 felony. Prohibits a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult (serious delinquent) from possessing a firearm unless the person is at least: (1) 26 years of age, in the case of less serious acts; or (2) 28 years of age, in the case of more serious acts. Makes possession of a firearm by a serious delinquent a Level 6 felony, and increases the penalty to a Level 5 felony for a second or subsequent offense. Requires a juvenile court to transmit certain findings to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) upon a finding of delinquency for an act that would be a serious violent felony if committed by an adult. Allows a court to consider certain factors when evaluating a petition to expunge certain juvenile adjudications. Beginning July 1, 2021: (1) requires the office of judicial administration to collect and publish certain statistics related to the confiscation and retention of firearms; and (2) requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Provides that a person who knowingly makes a false report that another person is dangerous commits false informing, a Class B misdemeanor. Specifies that a person commits the offense of operating a vehicle with a controlled substance if the controlled substance is in the person's blood (rather than the person's body). Increases the penalty for operating a vehicle with a controlled substance in the person's blood if the person is transporting a child in the vehicle. Provides a defense to a "smokable hemp" offense if the hemp is carried in continuous transit from a licensed producer in another state through Indiana to a licensed handler in another state. Makes conforming amendments, reconciles conflicts, and makes technical corrections.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Engrossed Senate Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2020/bills/SB0335/versions/SB0335.03.ENGS)
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2. **Engrossed Senate Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2020/bills/SB0335/versions/SB0335.05.ENGH)
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3. **Enrolled Senate Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2020/bills/SB0335/versions/SB0335.06.ENRH)
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4. **Introduced Senate Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2020/bills/SB0335/versions/SB0335.01.INTR)
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5. **Senate Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2020/bills/SB0335/versions/SB0335.04.COMH)
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6. **Senate Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2020/bills/SB0335/versions/SB0335.02.COMS)
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## Votes
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- SB 335 - McNamara - 3rd Reading — **84–11** (pass) · lower
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- SB 335 - Young M - 3rd Reading — **40–9** (pass) · upper
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## Sponsors
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- Eric Koch — primary (person)
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- Liz Brown — primary (person)
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- Michael Young — primary (person)
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- Wendy McNamara — primary (person)
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- Donna Schaibley — cosponsor (person)
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- Edward Clere — cosponsor (person)
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- Gregory Steuerwald — cosponsor (person)
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- Karen Tallian — coauthor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2020-01-13** Authored by Senator Young M
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- **2020-01-13** First reading: referred to Committee on Corrections and Criminal Law `reading-1, referral-committee`
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- **2020-01-14** Senator Brown L added as second author
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- **2020-01-30** Committee report: amend do pass, adopted `committee-passage`
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- **2020-02-03** Amendment #4 (Young M) prevailed; voice vote `amendment-passage, amendment-failure`
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- **2020-02-03** Amendment #3 (Messmer) prevailed; voice vote `amendment-passage, amendment-failure`
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- **2020-02-03** Amendment #1 (Tallian) failed; voice vote `amendment-failure`
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- **2020-02-03** Second reading: amended, ordered engrossed `reading-2`
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- **2020-02-03** Amendment #5 (Freeman) prevailed; voice vote `amendment-passage, amendment-failure`
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- **2020-02-03** Senator Koch added as third author
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- **2020-02-03** Senator Tallian added as coauthor
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- **2020-02-04** Third reading: passed; Roll Call 166: yeas 40, nays 9 `reading-3, passage`
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- **2020-02-04** House sponsor: Representative Steuerwald
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- **2020-02-05** Referred to the House
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- **2020-02-11** First reading: referred to Committee on Courts and Criminal Code `reading-1, referral-committee`
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- **2020-02-24** Representative Steuerwald removed as sponsor
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- **2020-02-24** Representative McNamara added as sponsor
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- **2020-02-24** Representative Steuerwald added as cosponsor
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- **2020-02-27** Committee report: amend do pass, adopted `committee-passage`
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- **2020-03-02** Representative Clere added as cosponsor
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- **2020-03-02** Amendment #1 (McNamara) prevailed; voice vote `amendment-passage, amendment-failure`
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- **2020-03-02** Amendment #2 (Young J) prevailed; voice vote `amendment-passage, amendment-failure`
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- **2020-03-02** Amendment #3 (Errington) ruled out of order `amendment-failure`
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- **2020-03-02** Second reading: amended, ordered engrossed `reading-2`
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- **2020-03-02** Representative Schaibley added as cosponsor
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- **2020-03-03** Third reading: passed; Roll Call 291: yeas 84, nays 11 `reading-3, passage`
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- **2020-03-04** Motion to dissent filed
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- **2020-03-04** Senate dissented from House amendments `amendment-failure`
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- **2020-03-04** Returned to the Senate with amendments `amendment-failure`
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- **2020-03-04** House conferees appointed: McNamara and Pierce
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- **2020-03-04** House advisors appointed: Sherman, Clere, Young J, Steuerwald and Errington
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- **2020-03-05** Senate conferees appointed: Young M and Tallian
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- **2020-03-05** Senate advisors appointed: Brown L, Randolph Lonnie M and Koch
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- **2020-03-11** Senator Tallian removed as conferee
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- **2020-03-11** Senator Freeman added as conferee
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- **2020-03-11** CCR # 1 filed in the Senate
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- **2020-03-11** CCR # 1 filed in the House
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- **2020-03-11** Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 392: yeas 48, nays 1
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- **2020-03-11** Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 394: yeas 89, nays 2
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- **2020-03-12** Signed by the President Pro Tempore
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- **2020-03-16** Signed by the Speaker
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- **2020-03-18** Signed by the President of the Senate
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- **2020-03-21** Public Law 142
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- **2020-03-21** Signed by the Governor `executive-signature`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/eec9a5af-dd19-4ef8-857d-fcdca69140dd`. Confidence: reported (aggregated from official Indiana legislature records).
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