Passed Indiana Firearm Legislation SB0335
Legislation Overview
Title: Criminal law issues.
Description: Criminal law issues. Provides that, if certain criminal penalties are increased (or, in the case of an infraction, imposed) due to a prior conviction or infraction committed by a defendant, the new offense must have been committed not later than 12 years from the later of the date: (1) of the conviction or infraction judgment; or (2) the person was released from incarceration, probation, or parole. Excludes certain crimes and classes of crimes from the 12 year lookback period. Specifies the duties of an operator of a boat who is involved in an accident or collision resulting in injury. Adds strangulation and domestic battery to the definition of "crimes of violence". Specifies that references to a conviction for Indiana offenses include: (1) an attempt to commit the offense; (2) a conspiracy to commit the offense; and (3) a substantially similar offense committed in another jurisdiction. Provides that credit earned by a person on pretrial home detention does not include accrued time. Makes it a crime to possess a firearm with an obliterated serial number (under current law, it is only a crime to possess a handgun with an obliterated serial number). Provides that a person who: (1) agrees with two or more persons to commit theft; and (2) performs an overt act in furtherance of the agreement; commits organized theft, a Level 6 felony. Prohibits 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 (serious delinquent) from possessing a firearm unless the person is at least: (1) 26 years of age, in the case of less serious acts; or (2) 28 years of age, in the case of more serious acts. Makes possession of a firearm by a serious delinquent a Level 6 felony, and increases the penalty to a Level 5 felony for a second or subsequent offense. 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 certain factors when evaluating a petition to expunge certain juvenile adjudications. Beginning July 1, 2021: (1) requires the office of judicial administration to collect and publish certain statistics related to the confiscation and retention of firearms; and (2) requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Provides that a person who knowingly makes a false report that another person is dangerous commits false informing, a Class B misdemeanor. Specifies that a person commits the offense of operating a vehicle with a controlled substance if the controlled substance is in the person's blood (rather than the person's body). Increases the penalty for operating a vehicle with a controlled substance in the person's blood if the person is transporting a child in the vehicle. Provides a defense to a "smokable hemp" offense if the hemp is carried in continuous transit from a licensed producer in another state through Indiana to a licensed handler in another state. Makes conforming amendments, reconciles conflicts, and makes technical corrections.
Session: 2020 Regular Session
Last Action: Public Law 142
Last Action Date: March 21, 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'.
8 sponsors: Michael Young (R); Elizabeth Brown (R); Eric Koch (R); Karen Tallian (D); Wendy McNamara (R); Gregory Steuerwald (R); Donna Schaibley (R); Edward Clere (R);
Percentage of Senate sponsoring bill: 16% (8 of 50)
History
| Chamber | Date | Action |
| Senate | Mar 21, 2020 | Signed by the Governor |
| Senate | Mar 21, 2020 | Public Law 142 |
| Senate | Mar 18, 2020 | Signed by the President of the Senate |
| House | Mar 16, 2020 | Signed by the Speaker |
| Senate | Mar 12, 2020 | Signed by the President Pro Tempore |
| Senate | Mar 11, 2020 | CCR # 1 filed in the Senate |
| House | Mar 11, 2020 | Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 394: yeas 89, nays 2 |
| Senate | Mar 11, 2020 | Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 392: yeas 48, nays 1 |
| House | Mar 11, 2020 | CCR # 1 filed in the House |
| Senate | Mar 11, 2020 | Senator Freeman added as conferee |
| Senate | Mar 11, 2020 | Senator Tallian removed as conferee |
| Senate | Mar 5, 2020 | Senate conferees appointed: Young M and Tallian |
| Senate | Mar 5, 2020 | Senate advisors appointed: Brown L, Randolph Lonnie M and Koch |
| House | Mar 4, 2020 | House conferees appointed: McNamara and Pierce |
| Senate | Mar 4, 2020 | Senate dissented from House amendments |
| Senate | Mar 4, 2020 | Motion to dissent filed |
| House | Mar 4, 2020 | House advisors appointed: Sherman, Clere, Young J, Steuerwald and Errington |
| House | Mar 4, 2020 | Returned to the Senate with amendments |
| House | Mar 3, 2020 | Third reading: passed; Roll Call 291: yeas 84, nays 11 |
| House | Mar 2, 2020 | Amendment #3 (Errington) ruled out of order |
| House | Mar 2, 2020 | Second reading: amended, ordered engrossed |
| House | Mar 2, 2020 | Amendment #1 (McNamara) prevailed; voice vote |
| House | Mar 2, 2020 | Amendment #2 (Young J) prevailed; voice vote |
| House | Mar 2, 2020 | Representative Schaibley added as cosponsor |
| House | Mar 2, 2020 | Representative Clere added as cosponsor |
| House | Feb 27, 2020 | Committee report: amend do pass, adopted |
| House | Feb 24, 2020 | Representative Steuerwald added as cosponsor |
| House | Feb 24, 2020 | Representative McNamara added as sponsor |
| House | Feb 24, 2020 | Representative Steuerwald removed as sponsor |
| House | Feb 11, 2020 | First reading: referred to Committee on Courts and Criminal Code |
| Senate | Feb 5, 2020 | Referred to the House |
| Senate | Feb 4, 2020 | House sponsor: Representative Steuerwald |
| Senate | Feb 4, 2020 | Third reading: passed; Roll Call 166: yeas 40, nays 9 |
| Senate | Feb 3, 2020 | Amendment #4 (Young M) prevailed; voice vote |
| Senate | Feb 3, 2020 | Senator Tallian added as coauthor |
| Senate | Feb 3, 2020 | Senator Koch added as third author |
| Senate | Feb 3, 2020 | Amendment #5 (Freeman) prevailed; voice vote |
| Senate | Feb 3, 2020 | Amendment #1 (Tallian) failed; voice vote |
| Senate | Feb 3, 2020 | Amendment #3 (Messmer) prevailed; voice vote |
| Senate | Feb 3, 2020 | Second reading: amended, ordered engrossed |
| Senate | Jan 30, 2020 | Committee report: amend do pass, adopted |
| Senate | Jan 14, 2020 | Senator Brown L added as second author |
| Senate | Jan 13, 2020 | First reading: referred to Committee on Corrections and Criminal Law |
| Senate | Jan 13, 2020 | Authored by Senator Young M |
Texts
| Type | Date | State Link | Text |
| Enrolled | Mar 12, 2020 | state link | bill text |
| Engrossed | Mar 12, 2020 | state link | bill text |
| Engrossed | Mar 2, 2020 | state link | bill text |
| Amended | Mar 2, 2020 | state link | bill text |
| Amended | Feb 27, 2020 | state link | bill text |
| Engrossed | Feb 27, 2020 | state link | bill text |
| Engrossed | Feb 3, 2020 | state link | bill text |
| Amended | Feb 3, 2020 | state link | bill text |
| Amended | Jan 30, 2020 | state link | bill text |
| Introduced | Jan 30, 2020 | state link | bill text |
| Introduced | Jan 10, 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 |
| Senate - Committee Vote | 01/28/2020 | 4 | 2 | 0 | 0 | Yes |
|
||||||
| resort votes by: party yeas nays name | ||||||
| Senate - Third reading | 02/4/2020 | 40 | 9 | 0 | 1 | Yes |
|
||||||
| resort votes by: party yeas nays name | ||||||
| House - Committee Vote | 02/26/2020 | 9 | 0 | 0 | 4 | Yes |
|
||||||
| resort votes by: party yeas nays name | ||||||
| House - Third reading | 03/3/2020 | 84 | 11 | 0 | 5 | Yes |
|
||||||
| resort votes by: party yeas nays name | ||||||
| Senate - Rules Suspended. Conference Committee Report 1 | 03/11/2020 | 48 | 1 | 0 | 1 | Yes |
|
||||||
| resort votes by: party yeas nays name | ||||||
| House - Rules Suspended. Conference Committee Report 1 | 03/11/2020 | 89 | 2 | 0 | 9 | Yes |
|
||||||
| resort votes by: party yeas nays name | ||||||
Link: link to state bill page
