Criminal Justice (Firearms)

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.

Repeals provisions concerning the: (1) confiscation and retention of firearms from a dangerous person; (2) compilation and publication of statistics related to the confiscation and retention of firearms from a dangerous person; and (3) making of a false report that a person is dangerous. Modifies a provision concerning a petition to find that an individual is no longer dangerous.

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.

Provides that a person may not waive certain requirements concerning the return of a firearm to the rightful owner as part of a plea agreement. Specifies that any purported waiver is invalid and unenforceable as against public policy.

Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits a Class A misdemeanor. Specifies defenses. Requires a court to issue an order, upon entry of a judgment of conviction for domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm; (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any license or permit to carry a handgun (license) owned or possessed by the defendant; and (3) requires confiscation, within 72 hours, of any firearm or license owned or possessed by the defendant. Provides that a domestic batterer who knowingly or intentionally fails to surrender a certain firearm or license commits a Class A misdemeanor, enhanced to a Level 6 felony in specific instances. Provides defenses. Specifies how a confiscated firearm or license shall be returned or disposed of if a person's right to possess a firearm is restored.

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.

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.

Adds felony unlawful possession of a firearm by a child to the list of crimes for which a juvenile court shall, upon motion of the prosecuting attorney, waive jurisdiction under certain circumstances. Removes certain crimes concerning children and firearms from the list of crimes in which a juvenile court does not have jurisdiction for an alleged violation. Removes language in the unlawful carrying of a handgun statute prohibiting a person less than 18 years of age from carrying a handgun. Provides that the unlawful carrying of a handgun statute applies to a person who has been adjudicated as a delinquent child under the statute, and is at least 18 years of age but less than 23 years of age. Renames the "dangerous possession of a firearm" crime to "unlawful possession of a firearm by a child" and provides that the enhanced penalty applies if the offense was committed: (1) on or in school property; (2) within 500 feet of school property; or (3) on a school bus. Removes the reckless mens rea for unlawful possession of a firearm by a child. Makes technical changes.

Provides that an offense other than murder or treason is not bailable if: (1) the proof is evident or the presumption strong; and (2) the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community. This proposed amendment has been agreed to by one general assembly.