Criminal Justice

Requires a defendant to be present in the courtroom while a victim makes a statement concerning the crime and the sentence, unless the defendant presents a safety risk or causes a significant disruption. Provides that if a defendant fails to appear at sentencing and is later taken into custody, the court may hold a hearing to permit the victim to makes a statement concerning the crime and the sentence in the presence of the defendant.

This bill creates a standardized process to determine eligibility for advanced DNA testing in unsolved cold cases. It directly affects law enforcement agencies handling unresolved crimes and potentially individuals wrongfully convicted in long-pending cases. The key provision establishes clear criteria for when DNA evidence can be retested using modern technology, replacing inconsistent past practices. This changes how cold case investigations are conducted by requiring law enforcement to follow specific, defined steps to request testing.

Requires the department of correction to electronically notify, at least seven days in advance, the: (1) county sheriff; (2) prosecuting attorney; and (3) chief of police; of the county or municipality into which the department will release a serious violent felon, including a juvenile adjudicated for an act that would be a serious violent felony, and of the county or municipality where the serious violent felon or juvenile committed the offense. Requires the department of correction to notify a registered victim through the department's automated victim notification system. Requires: (1) a court; and (2) the prosecuting attorney or the prosecuting attorney's victim assistance program; to notify a victim of the automated victim assistance notification program, and provides that a victim has the right to be informed, upon request, about the progress of the criminal case involving the victim. Requires that, before hiring a person as a law enforcement officer, a law enforcement hiring department or agency shall request from prior law enforcement employers all documents relating to disciplinary action or internal investigations that involve the person. (Under current law, a hiring agency must request all findings and orders).

Specifies that county residency requirements do not apply to: (1) public defenders (except for the chief public defender); (2) employees of a public defender office; (3) judicial officers; or (4) court personnel.

Provides that a person who knowingly or intentionally violates a specified provision by commingling the funds of a committee with the personal funds of an officer, a member, or an associate of the committee commits a Class A misdemeanor. Enhances the penalty to a Level 6 felony if a person commingles at least $50,000 of committee funds.

Provides that an offense other than murder or treason is not bailable if: (1) the proof is evident or the presumption strong; and (2) the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community. This proposed amendment has been agreed to by one general assembly.

Increases the penalty for battery on certain health care employees and school employees. Specifies that the enhancement for battery committed against a department of child services (DCS) employee applies only to those DCS employees whose responsibilities include personally supervising a child or parent, personally providing services to a child or parent, or personally interviewing a child or parent as part of an investigation. Requires the employer of a health care or school employee who is the victim of battery to make a semiannual report to the department of labor concerning workplace batteries.

Provides that at the time of sentencing for a person convicted of making an unlawful proposition the court may require the person to complete a prostitution offender program approved by the court. Requires a person ordered to complete a prostitution offender program to pay a fee.

HB 1432 establishes a pretrial screening process to determine if a defendant facing a death penalty charge has an intellectual disability. This directly affects individuals charged with capital offenses who may qualify for exemption from the death penalty under federal constitutional standards. The bill requires courts to evaluate intellectual disability before trial, ensuring this determination occurs early in the legal process. The measure passed the House unanimously (96-0) and is now under review by the Senate Committee on Corrections and Criminal Law.

Repeals and replaces the existing adult expungement statute with a new expungement process that makes certain changes to: (1) time periods for filing expungement; (2) crimes that are eligible for expungement; and (3) other procedural matters relating to expungement. Adds a provision concerning the expungement of juvenile arrest records.