Criminal Justice

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.

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.

SB 190, titled "Crimes concerning gift cards," establishes two new offenses: gift card theft (a Class A misdemeanor) and gift card fraud (a Level 6 felony). It directly affects individuals who steal physical gift cards or fraudulently use stolen or counterfeit cards without authorization. The bill defines theft as taking a gift card without permission and fraud as intentionally using a stolen or counterfeit card to obtain goods or services. If passed, these provisions would create specific criminal penalties for these acts, with theft punishable by up to one year in jail and fraud by up to two years. The bill is currently in committee review after its introduction on January 6, 2026.

Makes wearing a mask during the commission of a criminal offense a sentencing aggravator. Makes it malicious littering, a Class A misdemeanor, for a person to place refuse on the property of another person with the intent to cause the owner or occupant of the property to reasonably fear for their physical safety.

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.

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.

Makes it a Class A misdemeanor if a person operates a massage establishment and knowingly or intentionally employs an individual who: (1) is providing massages; and (2) does not have certain professional liability insurance.

Makes wearing a mask at a public assembly a Class C misdemeanor, and increases the penalty to a Class A misdemeanor for a second or subsequent offense. Increases the penalty for rioting and disorderly conduct to a Level 6 felony if the offense is committed while wearing a mask.

Prohibits an individual from camping, sleeping, or using for long term shelter land owned by the state or a political subdivision, unless the land has been authorized for that use by law. Provides, if certain elements are met, that a person who knowingly or intentionally uses land owned by the state or a political subdivision for unauthorized camping, sleeping, or long term shelter commits a Class C misdemeanor. Allows an individual to be referred to a problem solving court program for a violation. Prohibits a political subdivision from adopting or enforcing any policy that prohibits or discourages the enforcement of any order or ordinance prohibiting public camping, sleeping, or other obstruction of a sidewalk. Authorizes a resident of the political subdivision, an owner of a business located in the political subdivision, or the attorney general to bring a civil action to enjoin a political subdivision that adopts or enforces such a policy.

Increases the penalty for the crime of distribution of an intimate image, from a Class A misdemeanor to a Level 6 felony, and increases the enhancement of this crime from a Level 6 felony to a Level 5 felony. Defines "digital sexual image" as a digital, computer generated image or video that is created or modified to depict: (1) sexual intercourse; (2) other sexual conduct; or (3) exhibition of certain body parts; of a quality, characteristic, or condition, such that it appears to depict an individual. Makes creation or possession of a digital sexual image a Class A misdemeanor and distribution of a digital sexual image a Level 6 felony.