Criminal Justice

Amends the definition of "domestic or family violence" to include additional acts or behaviors that are not necessarily physical. Prohibits a court from returning certain children to the child's parent, guardian, or custodian unless appropriate safety conditions are ordered. Requires the office of judicial administration to develop a training program, which must include certain topics relating to domestic or family violence. Makes technical and conforming changes.

Requires the department of correction to issue a certificate of eligibility for rehabilitative release (certificate) to certain convicted persons. Provides that a certificate must be issued to the following: (1) A person sentenced for a crime other than murder who is at least 60 years of age, and has served at least 20 years in the department of correction. (2) A person serving a sentence for murder who is at least 62 years of age, and has served at least 30 years in the department of correction. Allows a convicted person who has received a certificate to file a petition for sentence modification without the consent of the prosecuting attorney. Provides certain criteria that the court must consider when ruling on a petition for sentence modification. Allows a court to grant a petition for sentence modification if the court finds, by clear and convincing evidence, that: (1) the convicted person is no longer a danger to public safety; (2) the convicted person has demonstrated significant rehabilitative efforts, including participation in educational, vocational, and therapeutic programs; and (3) the interest of justice supports sentence modification. Allows the state public defender to represent a convicted person on a petition for sentence modification that is based upon a certificate. Allows certain convicted persons to file a petition for sentence reduction. Requires a petition for sentence reduction to identify information related the convicted person, sentence sought to be reduced, and evidence in support of the request. Allows a court to dismiss an incomplete petition or set a hearing on a properly filed petition. Requires that notice of a hearing be served on the petitioner, convicted person, counsel, department of correction, prosecuting attorney, and the victim or witness. Requires a court to appoint a public defender to represent the convicted person. Provides that the court is to take certain factors into consideration when deciding a petition for sentence reduction. Specifies that if the evidence supports that the convicted person does not present a significant safety risk to the community, there is a rebuttable presumption that the convicted person's sentence should be reduced by at least 20%. Requires the court to issue a final appealable order with findings of fact.

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.

Provides that, after June 30, 2026, a law enforcement agency may not authorize the use of public funds by a law enforcement officer to pay for or engage in sexual intercourse, other sexual conduct, or the fondling of the law enforcement officer's or another individual's genitals as part of an investigation of: (1) prostitution; (2) making an unlawful proposition; or (3) promoting prostitution as a Level 5 felony. Provides that a law enforcement officer who knowingly or intentionally: (1) engages in sexual intercourse or other sexual conduct with an individual; (2) has an individual fondle or agree to fondle the genitals of the law enforcement officer; or (3) fondles the genitals of an individual under certain circumstances relating to the law enforcement officer's official duties; commits unlawful sexual conduct by a law enforcement officer, a Level 5 felony. Makes exceptions.

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.

Provides that a person having the care of a dependent who recklessly, knowingly, or intentionally fails to secure a loaded firearm in the person's residence or vehicle commits neglect of a dependent, a Level 6 felony, if the dependent uses the firearm to cause bodily injury or death to any person. Enhances the offense to a Level 5 felony in particular instances. Specifies exceptions and defenses. Specifies sign requirements for retail dealers. Defines terms and makes conforming amendments.

Requires the state police department (department) to use part of an appropriation from House Enrolled Act 1001 (2025) to process rape kits and to eliminate the backlog of untested rape kits. Permits the department to issue grants to law enforcement agencies and testing labs to eliminate the backlog of untested rape kits. Requires the department to make a report to the general assembly by October 1, 2027, concerning the status of untested rape kits.

Defines a "privately made firearm" and other related terms. Makes it a Level 5 felony to possess a privately made firearm. Makes it a Level 5 felony to alter, obliterate, or remove certain marks of firearm identification or to possess a firearm on which those marks of identification have been altered, obliterated, or removed.

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. Provides a defense under certain circumstances. Increases the penalty for rioting and disorderly conduct to a Level 6 felony if the offense is committed while wearing a mask.

Codifies the Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act. Provides procedures for enforcement of a Canadian domestic violence protection order (protection order) by a law enforcement officer and the court. Provides that a protection order may be registered in Indiana.