SB 160: Public safety. - Indiana

Enrolled Senate Bill (S) → Senate Bill (S) · 3 edits

MINOR

This bill removes a specific provision that defined 'refuse' for certain drug-related statutes and replaces the entire list of sentencing aggravating circumstances with a new, shorter list. The most significant change is the removal of 'wearing a mask' as a factor that could increase a criminal sentence, while retaining other factors like victim age and bias.

Scope change

The bill's scope regarding sentencing factors was narrowed by removing the mask provision, and its scope regarding drug law definitions was altered by deleting a specific definition of 'refuse'.

REQUIREMENT

Deleted a definition for 'refuse' that linked it to a specific meaning in another drug statute, which may affect how certain drug offenses are interpreted.

Removed 'wearing a mask' from the list of circumstances that courts can consider to increase a criminal sentence, reversing a previous rule that treated masked crimes as more severe.

Replaced the full list of sentencing aggravating factors with a truncated version, removing several specific scenarios such as dealing with controlled substances to multiple people and committing crimes while wearing a mask.

Engrossed Senate Bill (H) → Enrolled Senate Bill (S) · 6 edits · Mar 5, 2026

MODERATE

This bill was finalized as an enrolled act, giving it official legal status. It adds new definitions for 'mask' and 'refuse' and significantly expands the list of circumstances that can lead to harsher criminal sentences, including new factors like victim age, bias, and drug dealing history.

Scope change

The bill's scope expanded from a single aggravating factor (wearing a mask) to a comprehensive list of 15 specific circumstances that allow courts to impose stricter sentences.

DEFINITION

Added a specific legal definition for 'mask' to clarify that any device worn to conceal identity counts.

Added a specific legal definition for 'refuse' to clarify that malicious littering on another's property is a crime if it causes fear for safety.

REQUIREMENT

Added 13 new aggravating circumstances that allow courts to impose harsher sentences, such as when the victim is under 12 or over 65, when the crime involves bias, or when the offender is an undocumented alien.

Added a new aggravating circumstance specifically for distributing controlled substances to at least three different people within a 180-day period.

Added a new mitigating circumstance to allow for lighter sentences if the crime involved a victim who had repeatedly abused the offender in the past.

TECHNICAL

Changed the document title from 'Senate Bill' to 'Senate Enrolled Act,' indicating the bill has passed all legislative stages and is now law.

Introduced Senate Bill (S) → Engrossed Senate Bill (H) · 3 edits · Feb 25, 2026

MINOR

The bill was updated to clarify that wearing a mask is an aggravating factor for sentencing only when it is used to conceal identity, and it expanded the list of sentencing aggravators to include threats against witnesses, bias-motivated crimes, and trafficking by prison employees, while also adding a new crime for malicious littering intended to cause fear.

Scope change

The scope of the mask provision was narrowed to apply only to disguises, and the scope of sentencing aggravators was significantly broadened to cover a wider range of dangerous behaviors and victim characteristics.

DEFINITION

The definition of a 'mask' was changed from any covering over the nose or mouth to specifically mean a covering or device worn to conceal or disguise identity, removing exemptions for medical, religious, or safety gear.

REQUIREMENT

New sentencing aggravators were added for threatening victims or witnesses, committing crimes due to bias, and trafficking inmates while employed by the facility.

A new offense was created making it a Class A misdemeanor to place refuse on another person's property with the intent to cause them to fear for their physical safety.

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