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 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.
Prohibits the exclusion of otherwise admissible evidence based on a violation of the Constitution of the State of Indiana, the Constitution of the United States, or the laws of the United States or Indiana unless certain conditions apply. Provides that an appeal from a court's order excluding evidence may be taken directly to the supreme court.
Prohibits a court from requiring an arrestee to pay bail as a condition of pretrial release, unless: (1) the court finds by clear and convincing evidence that the arrestee is a flight risk or danger to the community; (2) the arrestee is charged with murder or treason; (3) the arrestee is on pretrial release not related to the incident that is the basis for the present arrest; or (4) the arrestee is on probation, parole, or other community supervision. Requires that the amount of bail be the lowest amount required, based on the defendant's financial circumstances, to assure the arrestee's appearance at trial and to protect the community.
Defines "aggravated child molesting". Provides that the state may seek either a death sentence or a sentence of life imprisonment without parole for a person convicted of aggravated child molesting. Provides requirements for a jury or court to impose either a death sentence or a sentence of life imprisonment without parole. Makes conforming changes.
HB 1249 changes juvenile court jurisdiction by adding "unlawful carrying of a handgun charged as a felony" to the list of offenses where juvenile courts cannot handle cases. This means juveniles facing felony handgun charges would be processed in adult court instead of juvenile court. The bill directly affects young people under 18 charged with this specific weapon-related offense. It modifies existing law by expanding the category of serious crimes excluded from juvenile court jurisdiction, requiring such cases to move to adult criminal court proceedings. The bill passed the House unanimously (74-18) and is now before the Senate Committee on Corrections and Criminal Law.
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.
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 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.
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.
