Criminal Justice (Law Enforcement)

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.

Removes language concerning an affidavit from provisions concerning probable cause for battery and domestic battery. Requires a law enforcement officer to provide a victim who requests a protection order with the required forms and appropriate assistance in completing and filing the forms.

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.

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.

Makes a person who commits an offense that results in serious bodily injury or death to a law enforcement officer a sex or violent offender. Prohibits a court from considering time spent by the defendant in pretrial detention or home detention or on work release when determining the sentence for a crime that resulted in serious bodily injury or death to a law enforcement officer. Makes it a sentencing aggravator if an offense results in serious bodily injury or death to a law enforcement officer. Provides that a person charged with an offense that resulted in serious bodily injury or death to a law enforcement officer may only be released on cash bail.

Creates the crime of excessive speeding, a Class C misdemeanor. Provides that the offense is a Class B misdemeanor if the person has a prior unrelated conviction and provides that two convictions within five years shall result in the court's recommendation for immediate suspension of driving privileges. Provides that a sentencing court shall impose a fine of $5,000 and recommend the suspension of driving privileges for six months for a person convicted of resisting law enforcement using a vehicle. Provides that a sentencing court shall impose a fine of $10,000 and recommend the suspension of driving privileges for one year if a person uses a vehicle to commit the offense and the person has a prior unrelated conviction.

Provides that the law enforcement training board (board) shall select an executive director to serve at the pleasure of the board. 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). Provides that a correctional professional is considered a public safety officer for purposes of determining eligibility for line of duty death benefits. (Current law provides that a correctional officer is considered a public safety officer for determining eligibility for line of duty death benefits.) Provides a process for certain sex and sex or violent offenders to submit certain information to the department of correction (department) regarding sex offender status in other states or jurisdictions. Provides that a person who is a: (1) sex offender; or (2) sex or violent offender; shall register for the period required by another jurisdiction or the period in Indiana, whichever is longer. Repeals the integrated public safety commission. Establishes the Indiana department of emergency communications. Changes the name of the "integrated public safety communications fund" to the "emergency communications fund". Provides that if: (1) the department releases a child who is a ward of the department; and (2) the child is less than 18 years of age; the department's wardship of the child ends. Provides that if a child who is a ward of the department is released and no parent or guardian allows the child to live with them, the department must immediately notify a certain court that the child needs to be a ward of the department of child services. Provides that the department is not required to send certain notices sent by offenders within the jurisdiction of the department by registered or certified mail. 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. Provides that the department of emergency communications shall issue a request for proposals (RFP) for the purchase, or before issuing a change order, of any communications systems and equipment by the department that may be made available to public safety agencies. Provides that the communications equipment must be compatible with existing communications equipment used by public safety agencies. Provides that proposals shall be evaluated and awarded on a competitive basis using a scoring rubric established by the department. Makes conforming changes.

Requires a law enforcement officer to administer a lethality assessment for domestic violence incidents. Requires data to be transmitted to a local domestic violence fatality review team and the statewide domestic violence fatality review committee. Provides that a law enforcement officer responding to the scene of an alleged crime involving domestic or family violence shall use all reasonable means to prevent further violence, including administering a lethality assessment. Provides that all statements communicated in a lethality assessment are not admissible as evidence against the victim in any judicial proceeding and not discoverable in any litigation. Provides that the statewide domestic violence fatality review committee shall collect and analyze data concerning domestic violence lethality assessments. Makes conforming changes.

HB 1298 reclassifies marijuana and THC from Schedule I (the most restrictive category for drugs with no accepted medical use) to Schedule III (a less restrictive category with recognized medical uses) under state law. This change directly affects individuals using or selling marijuana, businesses operating cannabis businesses, and law enforcement handling related cases. The bill achieves this by updating the state's controlled substances schedule and making necessary adjustments to other laws that reference the old classification. As a result, marijuana and THC would be treated under a less restrictive legal framework, potentially easing some regulatory barriers.

Provides that an offender against children who: (1) is required to register as a sex offender for life; and (2) knowingly or intentionally resides within 500 feet of certain areas owned, maintained, and governed by a homeowners association or property owners association; commits a sex offender residency offense, a Level 6 felony. Establishes the crime of interference with law enforcement, a Class B misdemeanor.