SB 335 Indiana Senate · 2020 Regular Session

Criminal law issues.

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Mar 2020
Committee Review
Mar 2020
Senate Passage
Feb 2020
House Passage
Mar 2020
Signed into Law
Mar 2020
Introduced Mar 4, 2020 Signed Mar 21, 2020
Floor votes · Senate Feb 4, 2020 · House Mar 3, 2020

How they voted

337
Passed · 1 other
Total votes 41
Feb 4, 2020
D Democratic8
7 Nay 1
87% Nay
R Republican33
33 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
46
Key actions
12
Committee
5
Amendments
9
Mar 21, 2020
Signed into law
Signed by the Governor
executive
Mar 11, 2020
Lower · Passed
Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 394: yeas 89, nays 2
lower
Mar 11, 2020
Upper · Passed
Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 392: yeas 48, nays 1
upper
Mar 11, 2020
Introduced
CCR # 1 filed in the House
lower
Mar 11, 2020
Introduced
CCR # 1 filed in the Senate
upper
Mar 4, 2020
Amended
Returned to the Senate with amendments
lower
Mar 4, 2020
Amended
Senate dissented from House amendments
upper
Mar 4, 2020
Introduced
Motion to dissent filed
upper
Mar 3, 2020
House · Passed
House Vote: pass (78-9-5)
house
Mar 2, 2020
Amended
Amendment #3 (Errington) ruled out of order
lower
Mar 2, 2020
Lower · Passed
Amendment #2 (Young J) prevailed; voice vote
lower
Mar 2, 2020
Lower · Passed
Amendment #1 (McNamara) prevailed; voice vote
lower
Feb 27, 2020
Lower · Passed
Committee report: amend do pass, adopted
lower
Feb 5, 2020
Committee
Referred to the House
upper
Feb 4, 2020
Senate · Passed
Senate Vote: pass (33-7-1)
senate
Feb 3, 2020
Upper · Passed
Amendment #5 (Freeman) prevailed; voice vote
upper
Feb 3, 2020
Amended
Amendment #1 (Tallian) failed; voice vote
upper
Feb 3, 2020
Upper · Passed
Amendment #3 (Messmer) prevailed; voice vote
upper
Feb 3, 2020
Upper · Passed
Amendment #4 (Young M) prevailed; voice vote
upper
Jan 30, 2020
Upper · Passed
Committee report: amend do pass, adopted
upper
4 primary · 4 co-sponsors

Sponsors