Proposed Indiana Firearm Legislation HB1159
Legislation Overview
Title: Juvenile expungements and firearms matters.
Description: Juvenile expungements and firearms matters. Requires a juvenile court to transmit certain findings to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) upon a finding of delinquency for an act that would be a serious violent felony if committed by an adult. Allows a court to consider the following factors when evaluating a petition to expunge certain juvenile adjudications: (1) Whether a person has been charged with or convicted of murder or another felony offense as an adult. (2) Whether a person has ever been waived to adult court for an offense. (3) Whether a person has ever received a nonsuspendable sentence as a juvenile. (4) Whether the person has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult. (5) Whether the person: (A) is currently suffering from a mental health issue; (B) has an ongoing or chronic mental health issue; (C) has received or is receiving treatment for a mental health issue; or (D) is complying with a treatment regimen recommended by a mental health professional, if applicable. Prohibits a court from expunging certain records in the absence of a petition requesting the expungement. Requires a court to transmit certain court orders to the office of judicial administration when granting a petition requesting the expungement of certain juvenile records. Provides that a person who: (1) has been adjudicated a delinquent child for the commission of an act while armed with a firearm that would be a serious violent felony if committed by an adult; (2) has not had the juvenile adjudication expunged; and (3) knowingly or intentionally possesses a firearm; commits unlawful possession of a firearm by a dangerous person, a Class A misdemeanor. Specifies that the offense is enhanced to a Level 4 felony if the person has a prior unrelated conviction for the offense. Provides that a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult is not a proper person for the purpose of receiving a license to carry a handgun. Beginning January 1, 2021: (1) requires the office of judicial administration to collect, monitor, and publish certain statistics related to the confiscation and retention of firearms taken from dangerous individuals; and (2) requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Allows the office of judicial administration to provide certain information to a law enforcement agency for the purposes of handgun licenses. Provides that a person who makes a false report that another person is dangerous, for purposes of seizure and retention of firearms proceedings, knowing the report or information to be false, commits false informing, a Class B misdemeanor. Defines certain terms. Makes conforming amendments.
Session: 2020 Regular Session
Last Action: Representative Ziemke added as coauthor
Last Action Date: January 27, 2020
Sponsors
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
3 sponsors: Donna Schaibley (R); Gerald Torr (R); Cindy Ziemke (R);
Percentage of House Of Representatives sponsoring bill: 3% (3 of 100)
History
| Chamber | Date | Action |
| House | Jan 27, 2020 | Representative Ziemke added as coauthor |
| House | Jan 23, 2020 | Committee report: amend do pass, adopted |
| House | Jan 8, 2020 | Authored by Representative Schaibley |
| House | Jan 8, 2020 | Coauthored by Representative Torr |
| House | Jan 8, 2020 | First reading: referred to Committee on Courts and Criminal Code |
Texts
| Type | Date | State Link | Text |
| Amended | Jan 23, 2020 | state link | bill text |
| Introduced | Jan 23, 2020 | state link | bill text |
| Introduced | Jan 8, 2020 | state link | bill text |
Amendments
| Title | Description | Date | State Link | Text | Adopted |
| There are no amendments to this bill at this time | |||||
Votes - Click on description to view vote roll call
| Description | Vote Date | Yea Votes | Nay Votes | No Votes | Absent | Passed |
| House - Committee Vote | 01/22/2020 | 11 | 0 | 0 | 2 | Yes |
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| resort votes by: party yeas nays name | ||||||
Link: link to state bill page
