SB 91 extends the expiration date of the state's syringe exchange program to July 1, 2036. This directly affects people who use syringe exchange services, primarily to prevent the spread of blood-borne diseases like HIV and hepatitis. The bill changes the program's current expiration date to a new end date in 2036, ensuring continued funding and operation. It does not alter the program's existing structure or eligibility requirements.
Provides that any type of law enforcement civilian oversight board or commission or any other entity established by a county, municipality, or township to provide civilian oversight over a law enforcement agency, excluding merit boards and commissions, may operate only in an advisory capacity to the applicable law enforcement agency and does not have binding authority over the law enforcement agency.
Requires the names and specified other information of child victims, child witnesses, and certain other persons to be redacted in criminal actions. Requires the use of an anonymous designator such as "Child Witness No. 1" when redacting a name, and prohibits redaction that uses the person's initials or that describes the person in terms of a family relationship.
Adds a facility or event that provides entertainment or programming primarily directed toward a child less than 18 years of age to the list of facilities at which a sexually violent predator or an offender against children may not work or volunteer. Adds entering a facility or location holding an event that provides entertainment or programming primarily directed toward a child less than 18 years of age by a serious sex offender to the crime of unlawful entry by a serious sex offender. Renames the offense of "inappropriate communication with a child" to "sexual grooming", and provides (in addition to the current elements of the offense) that a person commits the offense if the person engages in a pattern of repeated or continuous contact with an individual whom the person believes to be a child less than 14 years of age, with the intent to condition the individual to be less resistant to future sexual conduct or sexual activity. Specifies that "computer network" includes cellular telephones.
Authorizes a county that operates a community corrections program to establish a county community corrections trust fund (fund). Specifies the funding sources and permissible uses of the fund. Specifies reporting and auditing requirements relating to the administration of the fund. Makes technical corrections to a reference to community corrections programs located in the civil procedure law.
Specifies the sex offender reporting requirements for persons who are sex offenders or required to register in other jurisdictions. Adds "high risk missing person" to the definition of "missing child". Specifies that the silver alert program applies to missing children. Removes provisions concerning possession of child sex abuse material (CSAM) from the statute containing the offense of child exploitation, and makes a new section for CSAM offenses. Creates a new crime for distribution of CSAM, and generally conforms the sentencing enhancements for possession of CSAM, distribution of CSAM, and child exploitation. Specifies that certain restrictions on CSAM in discovery also apply in civil proceedings (under current law, they only apply in criminal proceedings). Provides a defense in specified circumstances. Removes certain duplicative provisions and makes conforming amendments and technical corrections.
Provides that the law enforcement training board (board) shall select an executive director to serve at the pleasure of the board. Authorizes the waiver of certain training requirements for law enforcement officers with experience in other states. Provides that a person confined to a county jail may be required to make a copayment in an amount of not more than $30 (current law is $15). Provides that a person confined to a county jail is not required to make a certain copayment if, among other things, the person does not have funds in the person's commissary account or trust account within 180 days after the service is provided (current law is 60 days). Requires certain water vessels to include an engine cut-off switch. Provides that a sailing vessel at least seven meters in length must comply with federal regulations. Makes changes to the employment eligibility requirements for employees of the Indiana department of veterans' affairs (department). Makes changes to the purpose of the military family relief fund (fund). Provides that the department shall report to the Indiana veterans' affairs commission (commission), at least quarterly, as to the status of all applications regarding assistance from the fund during the previous quarter. Adds provisions indicating who is eligible for a grant from the fund. Provides that the department shall make a comprehensive assessment of an applicant's financial condition and needs when making a determination regarding an award from the fund. Provides that an applicant may not be eligible for assistance from the fund if the applicant's federal gross income, or the combined federal gross income of the applicant and the applicant's spouse, exceeds two times the poverty guideline unless the commission approves an income waiver. Provides that an applicant must establish that the applicant has incurred a genuine hardship to be eligible to receive assistance from the fund. Provides that the department or commission may impose stipulations or conditions concerning an applicant seeking an award from the fund. Makes changes to the subject matter that must be included in administrative rules established by the commission. Makes certain changes relating to the review of grants from the fund to employees of the department. Provides that an applicant may appeal a denied request for short term financial assistance from the fund. Authorizes the adjutant general of the Indiana National Guard (adjutant general) to establish a military police force of the Indiana National Guard. Provides that a member of the military police force of the Indiana National Guard has police powers: (1) when the member is called to state active duty; and (2) if the individual successfully completes either army or air military police occupational training and receives qualifying instruction on Indiana law enforcement prescribed by the adjutant general. Requires the military police force of the Indiana National Guard, upon authorization, to respond in accordance with the National Incident Management System and in coordination with the Indiana state police. Makes changes to the authorized duties and responsibilities of the adjutant general in which the state armory board (board) may make contributions. Provides that the board may utilize any and all appropriate methods to lease or purchase real estate. Provides that an armory may not be erected on land that is leased for less than 25 years. (Current law provides that an armory may not be erected on land that is leased for less than 50 years.) Provides that the board may adopt policies or procedures for the use and governance of armories. (Current law authorizes the board to adopt rules for the use and governance of armories.) Specifies the types of donated property that the board may reconvey if the board determines that the property is no longer usable. Provides that if the board receives from the adjutant general information of the disbandment of the organization of the armed forces of Indiana occupying and using an armory, the board shall take charge of the armory. Makes various changes to provisions relating to the sale of property owned by the board. Establishes the Indiana civilian cyber corps program (program) as a subdivision of the Indiana guard reserve. Provides that the program includes civilian volunteers who have expertise in addressing cybersecurity incidents and who volunteer at the invitation of the adjutant general. Provides that the work product of a civilian cyber corps volunteer or adviser, including any information voluntarily submitted to the volunteer or adviser, is exempt from disclosure. Provides that a civilian cyber corps volunteer or adviser is immune from tort liability for an injury to a person or damage to property that occurs while the volunteer or adviser is deployed and acting on behalf of the adjutant general if certain conditions are met. Provides that the adjutant general may appoint additional general officers. (Current law authorizes the appointment of assistant adjutants general.) Changes the definitions of "veteran" for purposes of provisions relating to: (1) the governor's commission on supplier diversity; (2) the state civil service system; and (3) authorizing preference points for the appointment of veterans. Removes a requirement that the National Guard tuition supplement grant must be used within eight years after the date the individual first applies and becomes eligible for benefits. Repeals: (1) the Indiana cyber civilian corps program advisory board; (2) a provision relating to contracts to use Stout Field as a commercial runway; (3) a definition of "qualified service member"; (4) a provision requiring a muffler or underwater exhaust for a boat; and (5) a provision prohibiting the use of a boat motor equipped with a muffler cutout or bypass. Makes it a Class B misdemeanor for a person to knowingly or intentionally possess an imitation firearm: (1) in or on school property; or (2) on a school bus. Makes technical corrections and conforming amendments.
Provides that offenses other than murder are not bailable if the state proves: (1) by a preponderance of the evidence that the proof is evident or the presumption strong; and (2) by clear and convincing evidence that the arrestee is dangerous and that no conditions of release will reasonably protect the safety of other persons or the community. Establishes procedures for a bail hearing. Removes duplicative provisions concerning repeat violent arrestees. Permits a court to retain cash bail for the payment of certain costs without an indigency hearing if the defendant has executed an agreement permitting the court to retain the cash bail for these purposes.
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.
