New crimes/increased criminal penalties:
Level 1 felony: neglect of a dependent with a mental or physical disability. (S.E.A. 246, P.L. 263 – effective July 1, 2017)
Level 1 felony: causing serious bodily injury to any person other than the defendant during a robbery of a pharmacist acting in an official capacity or a pharmacy. Level 2 felony: (1) the use of a deadly weapon; or (2) causing bodily injury to any person other than the defendant during the robbery of a pharmacist acting in an official capacity or a pharmacy. Level 4 felony: taking of a controlled substance from a pharmacist acting in an official capacity or a pharmacy; is robbery. (H.E.A. 1540, P.L. 202 – effective: July 1, 2017)
Level 2 or Level 3 felony non-suspendible: dealing in heroin if the person has a prior felony conviction. Sentence enhancements are applicable if a certain quantity of heroin is sold within a 90-day period. (H.E.A. 1406, P.L. 252 – effective July 1, 2017)
Level 4 felony: vehicle operator that causes the death of another person when intoxicated when the driving privileges of the vehicle operator are suspended under the habitual traffic violator law. Person who fails to comply with the duties of the operator of a motor vehicle involved in an accident commits a separate offense for each person whose serious bodily injury or death is caused by the person’s failure to comply and the court can impose consecutive terms of imprisonment for each count. (S.E.A. 479, P.L. 123 – effective July 1, 2017)
Level 4 felony: person who knowingly or intentionally manufactures or finances the manufacture of methamphetamine. Specifies circumstances under which the crime is a Level 3 or Level 2 felony. The offense of possession of a precursor by a methamphetamine offender (which prohibits the possession of pseudoephedrine or ephedrine without a prescription by persons convicted of certain offenses) applies to a person who has been convicted of a drug related felony. (H.E.A. 1406, P.L. 252 – effective July 1, 2017)
Level 5 felony: if strangulation is knowingly committed against a pregnant woman. (H.E.A. 1406, P.L. 252– effective July 1, 2017)
Level 5 felony: to possess, manufacture, sell, or deliver armor piercing ammunition. (H.E.A. 1095, P.L. 133 – effective July 1, 2017)
Level 6 felony: a person illegally or unlawfully present in the United States and knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by an alien. (S.E.A. 344, P.L. 63 – effective July 1, 2017)
Level 6 felony: to access with intent to view a photograph or other pictorial representation that depicts or describes sexual conduct by a child who the person knows is less than 18 years of age or who appears to be less than 18 years of age. (H.E.A. 1091, P.L. 132 – effective July 1, 2017)
Level 6 felony: person who falsely claims to be the parent or legal guardian or custodian of a pregnant minor with intent to circumvent parental notification requirements for an abortion. (S.E.A. 404, P.L. 173 – effective July 1, 2017)
For operating a vehicle while intoxicated, increases the number of community service hours required by Ind. Code 9-30-5-15(a) to 240 hours and Ind. Code 9-30-5-15(b) to 480 hours. (H.E.A. 1001, P.L. 217 – effective July 1, 2017)
Misdemeanor: distributing synthetic urine or an adulterant with the intent to assist a person in defrauding a drug screen. (H.E.A. 1104, P.L. 134 – effective July 1, 2017)
A person commits criminal mischief if the person recklessly, knowingly or intentionally damages property while manufacturing or dealing in a controlled substance. (H.E.A. 1406, P.L. 252 – effective July 1, 2017)
Level 5 felony: if a person interferes with a witness during the investigation or pendency of a domestic violence or child abuse case. (H.E.A. 1406, P.L. 252 – effective July 1, 2017)
Level 5 felony: the penalty for receiving stolen auto parts if the person has a prior conviction for this offense or for auto theft. (H.E.A. 1406, P.L. 252 – effective July 1, 2017)
Makes cemetery mischief: (1) a Class A misdemeanor if the pecuniary loss is less than $750; (2) a Level 6 felony if the pecuniary loss is at least $750 but less than $50,000; and (3) a Level 5 felony if the pecuniary loss is at least $50,000. (H.E.A. 1406, P.L. 252 – effective July 1, 2017)
Increases the penalty for contributing to the delinquency of a minor: (1) to a felony of the same level as the delinquent act committed by the child, if the child commits an act that would be a felony if committed by an adult; and (2) to a felony one level higher than the level that the delinquent act would be if committed by an adult, with the exception of murder or a Level 1 felony, if the person who commits the offense is at least 21 years of age, the child is less than 16 years of age, and the child commits a delinquent act that would be a misdemeanor or felony if committed by an adult. (H.E.A. 1406, P.L. 252 – effective July 1, 2017)
Class A misdemeanors: (1) Sex offender unmanned aerial vehicle offense. (2) Public safety remote aerial interference. (3) Remote aerial voyeurism. (4) Remote aerial harassment. The offenses are Level 6 felonies if the accused person has a prior unrelated conviction for the same offense. (S.E.A. 299, P.L. 107 – effective July 1, 2017)
Class C infractions: (1) retailer who knowingly or intentionally sells e-liquid to a minor or fails to verify the age of a person less than 27 years of age and sells the person e-liquid. (2) person who knowingly or intentionally makes a delivery sale of e-liquids to a minor commits a (3) person who knowingly or intentionally ships e-liquids without first making a good faith effort to verify the age of the purchaser of the e-liquids. (S.E.A. 1, P.L. 206 – effective April 27, 2017)
Changes to criminal law:
A person convicted of a Level 6 felony can be committed to the Department of Correction if: (1) the commitment is due to the revocation of the person’s sentence for violating probation, parole, or community corrections and the revocation of the person’s sentence is due to a new criminal offense; or (2) (a) the person is convicted of a Level 6 felony and the sentence for that felony is ordered to be served consecutively to the sentence for another felony, or (b) the person has received an enhanced sentence under IC 90-30-15.5-2 and the person’s earliest possible release date is more than three hundred sixty-five (365) days after the date of sentencing. (H.E.A. 1010, P.L. 7 – effective March 29, 2017)
Every person arrested for a felony after December 31, 2017 is required to submit a DNA sample by buccal swab. (S.E.A. 322, P.L. 111 – effective July 1, 2017)
Requires a sexually violent predator released on lifetime parole to be placed on 24 hour GPS monitoring, subject to a sex offender risk assessment and funds specifically appropriated to the Department of Correction for this purpose. (S.E.A. 38, P.L. 95 – effective July 1, 2017)
A person placed on lifetime parole who violates a condition of parole involving a child or a victim commits criminal parole violation by a sexual predator. (S.E.A. 38, P.L. 95 – effective July 1, 2017)
A sex or violent offender cannot expunge a misdemeanor conviction. (S.E.A. 38, P.L. 95 – effective July 1, 2017)
Ind. Code 35-35-3-3(b)’s provision that a felony plea agreement, the presentence investigation for it, and the hearing are not part of “’the official record of the case” unless the court approves the agreement was repealed. This does not affect Ind. Code 35-38-1-13; presentence investigation reports remain confidential. (S.E.A. 120, P.L. 50 – effective April 13, 2017)
Trial court is no longer required to advise a convicted defendant of the earliest release date and the maximum possible release date at the time the court pronounces the defendant’s sentence. The court is now required to advise certain convicted defendants of the number of days the defendant served while awaiting trial and sentencing. (S.E.A. 120, P.L. 50 – effective April 13, 2017)
For offenses with a penalty that may be enhanced due to the value of the property involved in the offense: (1) all offenses committed within a 30-day period may be charged in a single count; and (2) if the offenses are charged in a single count, the value of the property involved in the offenses may be aggregated. (S.E.A. 190, P.L 166 – effective July 1, 2017)
A person must have accumulated at least one of the required number of prior unrelated felony convictions within 10 years of committing the current offense to be sentenced as a habitual offender (other than for a conviction of a Level 1 through Level 4 felony or murder). (H.E.A. 1064, P.L. 12 – effective July 1, 2017)
Requires bond forfeiture, not earlier than 120 days or later than 365 days after the defendant’s failure to appear, of a bond executed through cash or securities deposited with the clerk of court. (H.E.A. 1137, P.L. 187 – effective July 1, 2017)
New civil actions:
Consumer deceived by a pyramid promotional scheme. (S.E.A. 283, P.L. 105 – effective July 1, 2017)
Property owner may sue electricity supplier for damages for a decrease in value of the property owner’s real property caused by the attachment or installation of communications infrastructure. (S.E.A. 478, P.L. 236 – effective July 1, 2017)
New immunities:
Person who forcibly enters a motor vehicle to remove a domestic animal is responsible for only one-half of the cost of repair and is immune from all other civil or criminal liability for other property damage resulting from the forcible entry under certain conditions. (H.E.A. 1085, P.L. 186 – effective July 1, 2017)
Caregivers and patients on the State Department of Health registry have immunity to use and possess cannabidiol for the treatment of epilepsy. (H.E.A. 1148, P.L. 188 – effective April 26, 2017)
Criminal convictions of a victim of human trafficking, including a trafficked child, may be vacated if the offense did not result in bodily injury to another person. (H.E.A. 1218, P.L. 86 – effective July 1, 2017)
Evidentiary issues:
Certification published on the Department of Toxicology’s website and obtained as an electronic record bearing an electronic signature is admissible in a proceeding involving the operations of a vehicle while intoxicated and constitutes prima facie evidence concerning the equipment used in administering a breath test, the technique used in administering the breath test, or the certification of the operator who administered the breath test. (S.E.A. 37, P.L. 38 – effective July 1, 2017)
Criminal history information concerning an employee or former employee may not be introduced in a civil action based on the employee’s or the former employee’s conduct except under limited circumstances. (S.E.A. 312, P.L. 210 – effective July 1, 2017)
A court may not award attorney’s fees in a class action suit against the state until a hearing is held. (H.E.A. 1491, P.L. 256 – effective July 1, 2017)
Family and juvenile law changes:
It is a defense to a claim of neglect of a dependent if the individual left the child with a person who is an emergency medical services provider or in a newborn safety device that meets the specified requirements. (S.E.A. 246, P.L. 263 – effective July 1, 2017)
A permanency plan must be filed simultaneously with a petition for termination of a parent-child relationship. (S.E.A. 49, P.L. 42 – effective July 1, 2017)
Parental notification is required subject to judicial waiver for an abortion performed on an unemancipated pregnant minor. (S.E.A. 404, P.L. 173 – effective July 1, 2017)
A person may expunge the records of a child alleged to be delinquent or a child in need of services by filing a petition in the juvenile court in the county of the original action. (H.E.A. 1218, P.L. 86 – effective July 1, 2017)
Juvenile prostitution is an act by a person less than 18 years of age that would be the crime of prostitution of committed by an adult. (H.E.A. 1218, P.L. 86 – effective July 1, 2017)
The Department of Child Services bill makes numerous changes including clarifying that a CHINS or delinquency court can modify a child custody, parenting time or child support order in either a dissolution or paternity case. (S.E.A. 447, P.L. 183 – effective July 1, 2017)
Removes a rebuttable presumption [amending language found in H.E.A. 447] that a child is a child in need of services if a child is born with fetal alcohol syndrome, neonatal abstinence syndrome, or any amount of a controlled substance or legend drug in the child’s body and there is evidence that a child’s mother used a controlled substance or legend drug during pregnancy. (H.E.A. 1342, P.L. 249 – effective July 1, 2017)
A defendant less than 18 years old whose case is either waived from juvenile court to adult court or directly filed in adult court may be eligible for mental health and addiction forensic treatment services. (H.E.A. 1006, P.L. 243 – effective July 1, 2017)
Adoption changes:
A grandparent of a child sought to be adopted is entitled to notice of the pending adoption proceedings if the grandparent has an existing right to petition for visitation and the grandparent’s right to visitation will not be terminated after the adoption. (H.E.A. 1245, P.L. 16 – effective July 1, 2017)
Provides that a consent to an adoption is not required from the biological father of a child born out of wedlock who was conceived as a result of a crime in any jurisdiction in which the elements of the crime are substantially similar to certain crimes under Indiana law. (S.E.A. 332, P.L. 113 – effective July 1, 2017)
Provisions regarding when a putative father is not entitled to establish paternity and post-adoption contact privileges were amended. (S.E.A. 332, P.L. 113 – effective July 1, 2017)
Prohibits any person from challenging an adoption decree after the expiration period. Makes the following changes to the crime of profiting from an adoption: (1) Provides that the crime does not apply if the birth mother is not a resident of Indiana and the adoption takes place outside of Indiana; and (2) Increases, from $3,000 to $4,000, the allowable payments for certain costs and expenses. (S.E.A. 332, P.L. 113 – effective July 1, 2017)
The penalties for adoption deception and unauthorized adoption advertising are increased from a Class A misdemeanor to a Level 6 felony. (S.E.A. 332, P.L. 113 – effective July 1, 2017)
Consent of an adoptee or birth parent is not required if the individual requesting the identifying information submits records that the adoptee or birth parent is deceased. (H.E.A. 1274, P.L. 190 – effective July 1, 2017)
Protective Orders:
Court can grant possession and care of an animal to a petitioner, prohibit a respondent from acting against the animal, and direct a law enforcement officer to accompany the petitioner to retrieve the animal. (S.E.A. 323, P.L. 112 – effective July 1, 2017)
Court can include transfer of wireless telephone numbers and accounts as part of an order for protection. (S.E.A. 323, P.L. 112 – effective July 1, 2017)
If a person applies for a handgun license during the 60-day period following issuance of the civil protection order, the person protected by a civil protection order may carry a handgun without a license for 60 days after the date the civil protection order is issued or 60 days after the date the person applies for a license to carry a handgun, whichever is later. (H.E.A. 1071, P.L. 221– effective July 1, 2017)
Court fees:
Pro bono legal services fee extended until July 1, 2022. (S.E.A. 42, P.L. 39 – effective June 30, 2017)
For civil, criminal, infraction, and ordinance violation actions, the $5 document storage fee becomes $2 on July 1, 2022, instead of July 1, 2017. (S.E.A. 455, P.L. 235 – effective June 30, 2017)
For small claims and civil actions that are e-filed, the clerk cannot collect a service fee for each named defendant that is not a garnishee defendant. (S.E.A. 455, P.L. 235 – effective July 1, 2017)
Clerk cannot collect a court costs fee for the filing of a closing statement associated with a small estate. (H.E.A. 1407, P.L. 194 – effective July 1, 2017)
Service of process fee is increased from $25 to $28. The clerk shall collect the fee rather than the sheriff, and distributes $1 of the fee to the clerk’s record perpetuation fund. (H.E.A. 1450, P.L 255 – effective July 1, 2017)
Automated record keeping fee increased from $19 to $20 after June 30, 2017, and removed the sunset of the $5 fee for persons entering into pretrial diversion or a deferral program. (H.E.A. 1001, P.L. 217 – effective July 1, 2017)
Other bills of importance:
Effective July 1, 2018, the Indiana Code governing businesses will be completely reorganized. (S.E.A. 443, P.L. 118)
Will contests must be filed as a separate cause of action from the estate. (H.E.A. 1407, P.L. 194 – effective July 1, 2017)
The duration of certain court ordered specialized driving privileges may not exceed 2.5 years in length. (S.E.A. 457, P.L. 120 – effective July 1, 2017)
Marion County judges will be selected by merit selection. (H.E.A. 1036, P.L. 245 – effective April 28, 2017)
A school corporation may designate a full-time employee of the school corporation to represent the school corporation in a small claims court action to collect unpaid required fees if the claim does not exceed $1,500. (H.E.A. 1384, P.L. 251 – effective July 1, 2017)
For summaries of all new relevant laws, please see the Legislative Update, indianacourts.us/legislative/
All bills that have been signed into law are available at: in.gov/gov/2923.htm