    January 7, 2013, read first time and referred to Committee on Courts and Criminal Code.
    February 14, 2013, amended, reported _ Do Pass.
    February 18, 2013, read second time, amended, ordered engrossed.
    February 19, 2013, engrossed. Read third time, passed. Yeas 91, nays 0.

SENATE ACTION

February 25, 2013, read first time and referred to Committee on Corrections and Criminal Law.
March 14, 2013, amended, reported favorably _ Do Pass.

Digest Continued

enforcement authority contact offenders by mail and permits local law enforcement authorities to contact the offenders in a manner approved by the department of correction. Makes it possession of child pornography, a Class D felony, for a person to knowingly or intentionally possess certain items that: (1) depict or describe 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; and (2) lacks serious literary, artistic, political, or scientific value. Makes knowingly or intentionally: (1) sending or bringing into Indiana obscene matter for sale or distribution; or (2) offering to distribute, distributing, or exhibiting to another person obscene matter; a Class D felony instead of a Class A misdemeanor if the obscene matter depicts or describes sexual conduct involving any person who is or appears to be under 18 years of age. Makes knowingly or intentionally engaging in, participating in, managing, producing, sponsoring, presenting, exhibiting, photographing, filming, or videotaping any obscene performance a Class D felony instead of a Class A misdemeanor if the obscene performance depicts or describes sexual conduct involving any person who is or appears to be under 18 years of age. Merges the offense of criminal deviate conduct into the crime of rape and repeals the criminal deviate conduct statute. Makes conforming amendments and technical corrections. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee).

March 15, 2013

First Regular Session 118th General Assembly (2013)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in ~~this~~ ~~style~~ ~~type.~~
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or ~~this~~ ~~style~~ ~~type~~ reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

ENGROSSED

HOUSE BILL No. 1053

A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 10-13-3-27; (13)EH1053.1.2. -->     SECTION 2. IC 10-13-3-27, AS AMENDED BY P.L.48-2012, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 27. (a) Except as provided in subsection (b), on request, a law enforcement agency shall release a limited criminal history to or allow inspection of a limited criminal history by noncriminal justice organizations or individuals only if the subject of the request:
        (1) has applied for employment with a noncriminal justice organization or individual;
        (2) has:
            (A) applied for a license or is maintaining a license; and
            (B) provided criminal history data as required by law to be provided in connection with the license;
        (3) is a candidate for public office or a public official;
        (4) is in the process of being apprehended by a law enforcement agency;
        (5) is placed under arrest for the alleged commission of a crime;
        (6) has charged that the subject's rights have been abused repeatedly by criminal justice agencies;
        (7) is the subject of a judicial decision or determination with respect to the setting of bond, plea bargaining, sentencing, or probation;
        (8) has volunteered services that involve contact with, care of, or supervision over a child who is being placed, matched, or monitored by a social services agency or a nonprofit corporation;
        (9) is currently residing in a location designated by the department of child services (established by IC 31-25-1-1) or by a juvenile court as the out-of-home placement for a child at the time the child will reside in the location;
        (10) has volunteered services at a public school (as defined in IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12) that involve contact with, care of, or supervision over a student enrolled in the school;
        (11) is being investigated for welfare fraud by an investigator of the division of family resources or a county office of the division of family resources;
        (12) is being sought by the parent locator service of the child support bureau of the department of child services;
        (13) is or was required to register as a sex or violent offender

under IC 11-8-8;
        (14) has been convicted of any of the following:
            (A) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.
            (B) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the victim is less than eighteen (18) years of age.
            (C) Child molesting (IC 35-42-4-3).
            (D) Child exploitation (IC 35-42-4-4(b)).
            (E) Possession of child pornography (IC 35-42-4-4(c)).
            (F) Vicarious sexual gratification (IC 35-42-4-5).
            (G) Child solicitation (IC 35-42-4-6).
            (H) Child seduction (IC 35-42-4-7).
            (I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
            (J) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age.
            (K) Attempt under IC 35-41-5-1 to commit an offense listed in clauses (A) through (J).
            (L) Conspiracy under IC 35-41-5-2 to commit an offense listed in clauses (A) through (J).
            (M) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described under clauses (A) through (J);
        (15) is identified as a possible perpetrator of child abuse or neglect in an assessment conducted by the department of child services under IC 31-33-8; or
        (16) is:
            (A) a parent, guardian, or custodian of a child; or
            (B) an individual who is at least eighteen (18) years of age and resides in the home of the parent, guardian, or custodian;
        with whom the department of child services or a county probation department has a case plan, dispositional decree, or permanency plan approved under IC 31-34 or IC 31-37 that provides for reunification following an out-of-home placement.
However, limited criminal history information obtained from the National Crime Information Center may not be released under this section except to the extent permitted by the Attorney General of the United States.
    (b) A law enforcement agency shall allow inspection of a limited criminal history by and release a limited criminal history to the following noncriminal justice organizations:
        (1) Federally chartered or insured banking institutions.

        (2) Officials of state and local government for any of the following purposes:
            (A) Employment with a state or local governmental entity.
            (B) Licensing.
        (3) Segments of the securities industry identified under 15 U.S.C. 78q(f)(2).
    (c) Any person who knowingly or intentionally uses limited criminal history for any purpose not specified under this section commits a Class A misdemeanor.

SOURCE: IC 11-8-8-4.5; (13)EH1053.1.4. --> SECTION 4. IC 11-8-8-4.5, AS AMENDED BY P.L.72-2012, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4.5. (a) Except as provided in section 22 of this chapter, as used in this chapter, "sex offender" means a person convicted of any of the following offenses:

        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
        (3) Child molesting (IC 35-42-4-3).
        (4) Child exploitation (IC 35-42-4-4(b)).
        (5) Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).
        (6) Child solicitation (IC 35-42-4-6).
        (7) Child seduction (IC 35-42-4-7).
        (8) Sexual misconduct with a minor as a Class A, Class B, or Class C felony (IC 35-42-4-9), unless:
            (A) the person is convicted of sexual misconduct with a minor as a Class C felony;
            (B) the person is not more than:
                (i) four (4) years older than the victim if the offense was committed after June 30, 2007; or
                (ii) five (5) years older than the victim if the offense was committed before July 1, 2007; and
            (C) the sentencing court finds that the person should not be required to register as a sex offender.
        (9) Incest (IC 35-46-1-3).
        (10) Sexual battery (IC 35-42-4-8).
        (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, ~~and~~ ~~the~~ ~~person~~ ~~who~~ ~~kidnapped~~ ~~the~~ ~~victim~~ is ~~not~~ ~~the~~ ~~victim's~~ ~~parent~~ or ~~guardian.~~ unless the court finds that the offense was not committed for a sexual purpose.
        (12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, ~~and~~ ~~the~~ ~~person~~ ~~who~~ ~~confined~~ or ~~removed~~ ~~the~~ ~~victim~~ is ~~not~~ ~~the~~ ~~victim's~~ ~~parent~~ or ~~guardian.~~ unless the court finds that the offense was not committed for a sexual purpose.
        (13) Possession of child pornography (IC 35-42-4-4(c)).
        (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
        (15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the victim is less than eighteen (18) years of age.
        (16) Sexual trafficking of a minor (IC 35-42-3.5-1(c)).
        (17) Human trafficking (IC 35-42-3.5-1(d)(3)) if the victim is less than eighteen (18) years of age.
        (18) Sexual misconduct by a service provider with a detained child ~~(IC 35-44-1-5(c)).~~ (IC 35-44.1-3-10(c)).
        (19) An attempt or conspiracy to commit a crime listed in subdivisions (1) through (18).
        (20) A crime under the laws of another jurisdiction, including a

military court, that is substantially equivalent to any of the offenses listed in subdivisions (1) through (19).
    (b) The term includes:
        (1) a person who is required to register as a sex offender in any jurisdiction; and
        (2) a child who has committed a delinquent act and who:
            (A) is at least fourteen (14) years of age;
            (B) is on probation, is on parole, is discharged from a facility by the department of correction, is discharged from a secure private facility (as defined in IC 31-9-2-115), or is discharged from a juvenile detention facility as a result of an adjudication as a delinquent child for an act that would be an offense described in subsection (a) if committed by an adult; and
            (C) is found by a court by clear and convincing evidence to be likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.
    (c) In making a determination under subsection (b)(2)(C), the court shall consider expert testimony concerning whether a child is likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.

SOURCE: IC 11-8-8-5; (13)EH1053.1.5. -->     SECTION 5. IC 11-8-8-5, AS AMENDED BY P.L.1-2012, SECTION 3, AND AS AMENDED BY P.L.72-2012, SECTION 2, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) Except as provided in section 22 of this chapter, as used in this chapter, "sex or violent offender" means a person convicted of any of the following offenses:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
        (3) Child molesting (IC 35-42-4-3).
        (4) Child exploitation (IC 35-42-4-4(b)).
        (5) Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).
        (6) Child solicitation (IC 35-42-4-6).
        (7) Child seduction (IC 35-42-4-7).
        (8) Sexual misconduct with a minor as a Class A, Class B, or Class C felony (IC 35-42-4-9), unless:
            (A) the person is convicted of sexual misconduct with a minor as a Class C felony;
            (B) the person is not more than:
                (i) four (4) years older than the victim if the offense was committed after June 30, 2007; or
                (ii) five (5) years older than the victim if the offense was

committed before July 1, 2007; and
            (C) the sentencing court finds that the person should not be required to register as a sex offender.
        (9) Incest (IC 35-46-1-3).
        (10) Sexual battery (IC 35-42-4-8).
        (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, ~~and~~ ~~the~~ ~~person~~ ~~who~~ ~~kidnapped~~ ~~the~~ ~~victim~~ is ~~not~~ ~~the~~ ~~victim's~~ ~~parent~~ or ~~guardian.~~ unless the court finds that the offense was not committed for a sexual purpose.
        (12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, ~~and~~ ~~the~~ ~~person~~ ~~who~~ ~~confined~~ or ~~removed~~ ~~the~~ ~~victim~~ is ~~not~~ ~~the~~ ~~victim's~~ ~~parent~~ or ~~guardian.~~ unless the court finds that the offense was not committed for a sexual purpose.
        (13) Possession of child pornography (IC 35-42-4-4(c)).
        (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
        (15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the victim is less than eighteen (18) years of age.
        (16) Sexual trafficking of a minor ~~(IC 35-42-3.5-1(b)).~~ (IC 35-42-3.5-1(c)).
        (17) Human trafficking ~~(IC 35-42-3.5-1(c)(3))~~ (IC 35-42-3.5-1(d)(3)) if the victim is less than eighteen (18) years of age.
        (18) Murder (IC 35-42-1-1).
        (19) Voluntary manslaughter (IC 35-42-1-3).
        (20) Sexual misconduct by a service provider with a detained child ~~(IC 35-44-1-5(c)).~~ (IC 35-44.1-3-10(c)).
        ~~(20)~~ (21) An attempt or conspiracy to commit a crime listed in subdivisions (1) through ~~(19).~~ (20).
        ~~(21)~~ (22) A crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in subdivisions (1) through ~~(20).~~ (21).
    (b) The term includes:
        (1) a person who is required to register as a sex or violent offender in any jurisdiction; and
        (2) a child who has committed a delinquent act and who:
            (A) is at least fourteen (14) years of age;
            (B) is on probation, is on parole, is discharged from a facility by the department of correction, is discharged from a secure private facility (as defined in IC 31-9-2-115), or is discharged from a juvenile detention facility as a result of an adjudication as a delinquent child for an act that would be an offense

described in subsection (a) if committed by an adult; and
(C) is found by a court by clear and convincing evidence to be likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(2)(C), the court shall consider expert testimony concerning whether a child is likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.

SOURCE: IC 11-8-8-7; (13)EH1053.1.6. -->     SECTION 6. IC 11-8-8-7, AS AMENDED BY P.L.114-2012, SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) Subject to section 19 of this chapter, the following persons must register under this chapter:
        (1) A sex or violent offender who resides in Indiana. A sex or violent offender resides in Indiana if either of the following applies:
            (A) The sex or violent offender spends or intends to spend at least seven (7) days (including part of a day) in Indiana during a one hundred eighty (180) day period.
            (B) The sex or violent offender owns real property in Indiana and returns to Indiana at any time.
        (2) A sex or violent offender who works or carries on a vocation or intends to work or carry on a vocation full time or part time for a period:
            (A) exceeding seven (7) consecutive days; or
            (B) for a total period exceeding fourteen (14) days;
        during any calendar year in Indiana regardless of whether the sex or violent offender is financially compensated, volunteered, or is acting for the purpose of government or educational benefit.
        (3) A sex or violent offender who is enrolled or intends to be enrolled on a full-time or part-time basis in any public or private educational institution, including any secondary school, trade, or professional institution, or postsecondary educational institution.
    (b) Except as provided in subsection (e), a sex or violent offender who resides in Indiana shall register with the local law enforcement authority in the county where the sex or violent offender resides. If a sex or violent offender resides in more than one (1) county, the sex or violent offender shall register with the local law enforcement authority in each county in which the sex or violent offender resides. If the sex or violent offender is also required to register under subsection (a)(2) or (a)(3), the sex or violent offender shall also register with the local law enforcement authority in the county in which the offender is required to register under subsection (c) or (d).

    (c) A sex or violent offender described in subsection (a)(2) shall register with the local law enforcement authority in the county where the sex or violent offender is or intends to be employed or carry on a vocation. If a sex or violent offender is or intends to be employed or carry on a vocation in more than one (1) county, the sex or violent offender shall register with the local law enforcement authority in each county. If the sex or violent offender is also required to register under subsection (a)(1) or (a)(3), the sex or violent offender shall also register with the local law enforcement authority in the county in which the offender is required to register under subsection (b) or (d).
    (d) A sex or violent offender described in subsection (a)(3) shall register with the local law enforcement authority in the county where the sex or violent offender is enrolled or intends to be enrolled as a student. If the sex or violent offender is also required to register under subsection (a)(1) or (a)(2), the sex or violent offender shall also register with the local law enforcement authority in the county in which the offender is required to register under subsection (b) or (c).
    (e) A sex or violent offender described in subsection (a)(1)(B) shall register with the local law enforcement authority in the county in which the real property is located. If the sex or violent offender is also required to register under subsection (a)(1)(A), (a)(2), or (a)(3), the sex or violent offender shall also register with the local law enforcement authority in the county in which the offender is required to register under subsection (b), (c), or (d).
    (f) A sex or violent offender committed to the department shall register with the department before the sex or violent offender is placed in a community transition program, placed in a work release program, or released from incarceration, whichever occurs first. The department shall forward the sex or violent offender's registration information to the local law enforcement authority of every county in which the sex or violent offender is required to register. If a sex or violent offender released from the department under this subsection:
        ( 1) informs the department of the offender's intended location of residence upon release; and
        (2) does not move to this location upon release;
the offender shall, not later than seventy-two (72) hours after the date on which the offender was released, report in person to the local law enforcement authority having jurisdiction over the offender's current address or location.
    (g) This subsection does not apply to a sex or violent offender who is a sexually violent predator. A sex or violent offender not committed

to the department shall register not more than seven (7) days after the sex or violent offender:
        (1) is released from a penal facility (as defined in IC 35-31.5-2-232);
        (2) is released from a secure private facility (as defined in IC 31-9-2-115);
        (3) is released from a juvenile detention facility;
        (4) is transferred to a community transition program;
        (5) is placed on parole;
        (6) is placed on probation;
        (7) is placed on home detention; or
        (8) arrives at the place where the sex or violent offender is required to register under subsection (b), (c), or (d);
whichever occurs first. A sex or violent offender required to register in more than one (1) county under subsection (b), (c), (d), or (e) shall register in each appropriate county not more than seventy-two (72) hours after the sex or violent offender's arrival in that county or acquisition of real estate in that county.
    (h) This subsection applies to a sex or violent offender who is a sexually violent predator. A sex or violent offender who is a sexually violent predator shall register not more than seventy-two (72) hours after the sex or violent offender:
        (1) is released from a penal facility (as defined in IC 35-31.5-2-232);
        (2) is released from a secure private facility (as defined in IC 31-9-2-115);
        (3) is released from a juvenile detention facility;
        (4) is transferred to a community transition program;
        (5) is placed on parole;
        (6) is placed on probation;
        (7) is placed on home detention; or
        (8) arrives at the place where the sexually violent predator is required to register under subsection (b), (c), or (d);
whichever occurs first. A sex or violent offender who is a sexually violent predator required to register in more than one (1) county under subsection (b), (c), (d), or (e) shall register in each appropriate county not more than seventy-two (72) hours after the offender's arrival in that county or acquisition of real estate in that county.
    (i) The local law enforcement authority with whom a sex or violent offender registers under this section shall make and publish a photograph of the sex or violent offender on the Indiana sex and violent offender registry web site established under IC 36-2-13-5.5. The local

law enforcement authority shall make a photograph of the sex or violent offender that complies with the requirements of IC 36-2-13-5.5 at least once per year. The sheriff of a county containing a consolidated city shall provide the police chief of the consolidated city with all photographic and computer equipment necessary to enable the police chief of the consolidated city to transmit sex or violent offender photographs (and other identifying information required by IC 36-2-13-5.5) to the Indiana sex and violent offender registry web site established under IC 36-2-13-5.5. In addition, the sheriff of a county containing a consolidated city shall provide all funding for the county's financial obligation for the establishment and maintenance of the Indiana sex and violent offender registry web site established under IC 36-2-13-5.5.
    (j) When a sex or violent offender registers, the local law enforcement authority shall:
        (1) immediately update the Indiana sex and violent offender registry web site established under IC 36-2-13-5.5;
        (2) notify every law enforcement agency having jurisdiction in the county where the sex or violent offender resides; and
        (3) update the National Crime Information Center National Sex Offender Registry data base via the Indiana data and communications system (IDACS).
When a sex or violent offender from a jurisdiction outside Indiana registers a change of address, electronic mail address, instant messaging username, electronic chat room username, social networking web site username, employment, vocation, or enrollment in Indiana, the local law enforcement authority shall provide the department with the information provided by the sex or violent offender during registration.

SOURCE: IC 11-8-8-8; (13)EH1053.1.7. --> SECTION 7. IC 11-8-8-8, AS AMENDED BY P.L.119-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) The registration required under this chapter must include the following information:
(1) The sex or violent offender's full name, alias, any name by which the sex or violent offender was previously known, date of birth, sex, race, height, weight, hair color, eye color, any scars, marks, or tattoos, Social Security number, driver's license number or state identification card number, vehicle description, ~~and~~ vehicle plate number, and vehicle identification number for any vehicle the sex or violent offender owns or operates on a regular basis, principal residence address, other address where the sex or violent offender spends more than seven (7) nights in a fourteen (14) day period, and mailing address, if different from the sex or

violent offender's principal residence address.
        (2) A description of the offense for which the sex or violent offender was convicted, the date of conviction, the county of the conviction, the cause number of the conviction, and the sentence imposed, if applicable.
        (3) If the person is required to register under section 7(a)(2) or 7(a)(3) of this chapter, the name and address of each of the sex or violent offender's employers in Indiana, the name and address of each campus or location where the sex or violent offender is enrolled in school in Indiana, and the address where the sex or violent offender stays or intends to stay while in Indiana.
        (4) A recent photograph of the sex or violent offender.
        (5) If the sex or violent offender is a sexually violent predator, that the sex or violent offender is a sexually violent predator.
        (6) If the sex or violent offender is required to register for life, that the sex or violent offender is required to register for life.
        (7) Any electronic mail address, instant messaging username, electronic chat room username, or social networking web site username that the sex or violent offender uses or intends to use.
        (8) Any other information required by the department.
    (b) If ~~the~~ a sex or violent offender on probation or parole registers any information under subsection (a)(7), the offender shall sign a consent form authorizing the:
        (1) search of the sex or violent offender's personal computer or device with Internet capability, at any time; and
        (2) installation on the sex or violent offender's personal computer or device with Internet capability, at the sex or violent offender's expense, of hardware or software to monitor the sex or violent offender's Internet usage.
     (c) If:
        (1) the physical appearance of the sex or violent offender materially changes from the photograph described in subsection (a)(4); or
        (2) any other information described in subsection (a) changes;
the sex or violent offender shall report in person to the local law enforcement authority having jurisdiction over the sex or violent offender's principal address not later than seventy-two (72) hours after the change and permit a new photograph to be made (for a change in appearance) or submit the new information to the local law enforcement authority.

SOURCE: IC 11-8-8-11; (13)EH1053.1.8. --> SECTION 8. IC 11-8-8-11, AS AMENDED BY P.L.119-2008, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2013]: Sec. 11. (a) If a sex or violent offender who is required to register under this chapter changes:
        (1) principal residence address; or
        (2) if section 7(a)(2) or 7(a)(3) of this chapter applies, the place where the sex or violent offender stays in Indiana;
the sex or violent offender shall report in person to the local law enforcement authority having jurisdiction over the sex or violent offender's current principal address or location and, if the offender moves to a new county in Indiana, to the local law enforcement authority having jurisdiction over the sex or violent offender's new principal address or location not more than seventy-two (72) hours after the address change.
    (b) If a sex or violent offender moves to a new county in Indiana, the local law enforcement authority where the sex or violent offender's current principal residence address is located shall inform the local law enforcement authority in the new county in Indiana of the sex or violent offender's residence and forward all relevant registration information concerning the sex or violent offender to the local law enforcement authority in the new county. The local law enforcement authority receiving notice under this subsection shall verify the address of the sex or violent offender under section 13 of this chapter not more than seven (7) days after receiving the notice.
    (c) If a sex or violent offender who is required to register under section 7(a)(2) or 7(a)(3) of this chapter changes the sex or violent offender's principal place of employment, principal place of vocation, or campus or location where the sex or violent offender is enrolled in school, the sex or violent offender shall report in person:
        (1) to the local law enforcement authority having jurisdiction over the sex or violent offender's current principal place of employment, principal place of vocation, or campus or location where the sex or violent offender is enrolled in school; and
        (2) if the sex or violent offender changes the sex or violent offender's place of employment, vocation, or enrollment to a new county in Indiana, to the local law enforcement authority having jurisdiction over the sex or violent offender's new principal place of employment, principal place of vocation, or campus or location where the sex or violent offender is enrolled in school;
not more than seventy-two (72) hours after the change.
    (d) If a sex or violent offender moves the sex or violent offender's place of employment, vocation, or enrollment to a new county in Indiana, the local law enforcement authority having jurisdiction over the sex or violent offender's current principal place of employment,

principal place of vocation, or campus or location where the sex or violent offender is enrolled in school shall inform the local law enforcement authority in the new county of the sex or violent offender's new principal place of employment, vocation, or enrollment by forwarding relevant registration information to the local law enforcement authority in the new county.
    (e) If a sex or violent offender moves the sex or violent offender's residence, place of employment, vocation, or enrollment to a new state, the local law enforcement authority shall inform the state police in the new state of the sex or violent offender's new place of residence, employment, vocation, or enrollment.
    (f) If a sex or violent offender who is required to register under this chapter changes or obtains a new:
        (1) electronic mail address;
        (2) instant messaging username;
        (3) electronic chat room username; or
        (4) social networking web site username;
the sex or violent offender shall report in person to the local law enforcement authority having jurisdiction over the sex or violent offender's current principal address or location and shall provide the local law enforcement authority with the new address or username not more than seventy-two (72) hours after the change or creation of the address or username.
    (g) A local law enforcement authority shall make registration information, including information concerning the duty to register and the penalty for failing to register, available to a sex or violent offender.
    (h) A local law enforcement authority who is notified of a change under subsection (a), (c), or (f) shall:
        (1) immediately update the Indiana sex and violent offender registry web site established under IC 36-2-13-5.5;
        (2) update the National Crime Information Center National Sex Offender Registry data base via the Indiana data and communications system (IDACS); and
        (3) notify the department.
    (i) If a sex or violent offender who is registered with a local law enforcement authority becomes incarcerated, the local law enforcement authority shall transmit a copy of the information provided by the sex or violent offender during registration to the department.
    (j) If a sex or violent offender is no longer required to register due to the expiration of the registration period, or if a court grants a petition under section 22 of this chapter that removes the offender's duty to register under this chapter, the local law

enforcement authority shall:
         (1) ensure the offender's information is no longer published to the public portal of the sex or violent offender registry Internet web site established under IC 36-2-13-5.5; and
         (2) transmit a copy of the information provided by the sex or violent offender during registration to the department.
     (k) This subsection applies only to a sex or violent offender who has:
        (1) informed the local law enforcement authority of the offender's intention to move the offender's residence to a new location; and
        (2) not moved the offender's residence to the new location.
Not later than seventy-two (72) hours after the date on which a sex or violent offender to whom this subsection applies was scheduled to move (according to information the offender provided to the local law enforcement authority before the move), the sex or violent offender shall report in person to the local law enforcement authority having jurisdiction over the offender's current address or location, even if the offender's address has not changed. An offender who fails to report as provided in this subsection may be prosecuted in the offender's original county of residence, in the county to which the offender intended to move, or in the offender's current county of residence.

SOURCE: IC 11-8-8-13; (13)EH1053.1.9. -->     SECTION 9. IC 11-8-8-13, AS AMENDED BY P.L.114-2012, SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13. (a) To verify a sex or violent offender's current residence, the local law enforcement authority having jurisdiction over the area of the sex or violent offender's current principal address or location shall do the following:
        (1) ~~Mail~~ a ~~form~~ ~~that~~ is Contact each offender in a manner approved or prescribed by the department to ~~each~~ ~~sex~~ or ~~violent~~ ~~offender~~ in ~~the~~ ~~county~~ at ~~the~~ ~~sex~~ or ~~violent~~ ~~offender's~~ ~~listed~~ ~~address~~ at least one (1) time per year. ~~beginning~~ ~~seven~~ ~~(7)~~ ~~days~~ ~~after~~ ~~the~~ ~~local~~ ~~law~~ ~~enforcement~~ ~~authority~~ ~~receives~~ a ~~notice~~ ~~under~~ ~~section~~ 11 or 20 of ~~this~~ ~~chapter~~ or ~~the~~ ~~date~~ ~~the~~ ~~sex~~ or ~~violent~~ ~~offender~~ ~~is:~~
            ~~(A)~~ ~~released~~ ~~from~~ a ~~penal~~ ~~facility~~ ~~(as~~ ~~defined~~ in IC ~~35-31.5-2-232),~~ a ~~secure~~ ~~private~~ ~~facility~~ ~~(as~~ ~~defined~~ in IC ~~31-9-2-115),~~ or a ~~juvenile~~ ~~detention~~ ~~facility;~~
            ~~(B)~~ ~~placed~~ in a ~~community~~ ~~transition~~ ~~program;~~
            ~~(C)~~ ~~placed~~ in a ~~community~~ ~~corrections~~ ~~program;~~
            ~~(D)~~ ~~placed~~ on ~~parole;~~ or

            ~~(E)~~ ~~placed~~ on ~~probation;~~
        ~~whichever~~ ~~occurs~~ ~~first.~~
        (2) ~~Mail~~ a ~~form~~ ~~that~~ is Contact each offender who is designated a sexually violent predator in a manner approved or prescribed by the department to ~~each~~ ~~sex~~ or ~~violent~~ ~~offender~~ ~~who~~ is ~~designated~~ a ~~sexually~~ ~~violent~~ ~~predator~~ ~~under~~ IC ~~35-38-1-7.5~~ at least once every ninety (90) days. ~~beginning~~ ~~seven~~ ~~(7)~~ ~~days~~ ~~after~~ ~~the~~ ~~local~~ ~~law~~ ~~enforcement~~ ~~authority~~ ~~receives~~ a ~~notice~~ ~~under~~ ~~section~~ 11 or 20 of ~~this~~ ~~chapter~~ or ~~the~~ ~~date~~ ~~the~~ ~~sex~~ or ~~violent~~ ~~offender~~ ~~is:~~
            ~~(A)~~ ~~released~~ ~~from~~ a ~~penal~~ ~~facility~~ ~~(as~~ ~~defined~~ in IC ~~35-31.5-2-232),~~ a ~~secure~~ ~~private~~ ~~facility~~ ~~(as~~ ~~defined~~ in IC ~~31-9-2-115),~~ or a ~~juvenile~~ ~~detention~~ ~~facility;~~
            ~~(B)~~ ~~placed~~ in a ~~community~~ ~~transition~~ ~~program;~~
            ~~(C)~~ ~~placed~~ in a ~~community~~ ~~corrections~~ ~~program;~~
            ~~(D)~~ ~~placed~~ on ~~parole;~~ or
            ~~(E)~~ ~~placed~~ on ~~probation;~~
        ~~whichever~~ ~~occurs~~ ~~first.~~
        (3) Personally visit each sex or violent offender in the county at the sex or violent offender's listed address at least one (1) time per year, beginning seven (7) days after the local law enforcement authority receives a notice under section 7 of this chapter or the date the sex or violent offender is:
            (A) released from a penal facility (as defined in IC 35-31.5-2-232), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;
            (B) placed in a community transition program;
            (C) placed in a community corrections program;
            (D) placed on parole; or
            (E) placed on probation;
        whichever occurs first.
        (4) Personally visit each sex or violent offender who is designated a sexually violent predator under IC 35-38-1-7.5 at least once every ninety (90) days, beginning seven (7) days after the local law enforcement authority receives a notice under section 7 of this chapter or the date the sex or violent offender is:
            (A) released from a penal facility (as defined in IC 35-31.5-2-232), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;
            (B) placed in a community transition program;
            (C) placed in a community corrections program;
            (D) placed on parole; or

            (E) placed on probation;
        whichever occurs first.
    (b) If a sex or violent offender ~~fails~~ to ~~return~~ a ~~signed~~ ~~form~~ ~~either~~ by ~~mail~~ or in ~~person,~~ ~~not~~ ~~later~~ ~~than~~ ~~fourteen~~ ~~(14)~~ ~~days~~ ~~after~~ ~~mailing,~~ or appears not to reside at the listed address, the local law enforcement authority shall immediately notify the department and the prosecuting attorney.

SOURCE: IC 11-8-8-15; (13)EH1053.1.11. -->     SECTION 11. IC 11-8-8-15, AS AMENDED BY P.L.216-2007, SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 15. (a) A sex or violent offender who is a resident of Indiana shall obtain and keep in the sex or violent offender's possession:
        (1) a valid Indiana driver's license; or
        (2) a valid Indiana identification card (as described in IC 9-24-16);
that contains the offender's current address and current physical

description.
    (b) A sex or violent offender required to register in Indiana who is not a resident of Indiana shall obtain and keep in the sex or violent offender's possession:
        (1) a valid driver's license issued by the state in which the sex or violent offender resides; or
        (2) a valid state issued identification card issued by the state in which the sex or violent offender resides;
that contains the offender's current address and current physical description.
    (c) A person who knowingly or intentionally violates this section commits failure of a sex or violent offender to possess identification, a Class A misdemeanor. However, the offense is a Class D felony if the person:
        (1) is a sexually violent predator; or
        (2) has a prior unrelated conviction:
            (A) under this section; or
            (B) based on the person's failure to comply with any requirement imposed on an offender under this chapter.
    (d) It is a defense to a prosecution under this section that:
        (1) the person has been unable to obtain a valid driver's license or state issued identification card because less than thirty (30) days have passed since the person's release from incarceration; or
        (2) the person possesses a driver's license or state issued identification card that expired not more than thirty (30) days before the date the person violated subsection (a) or (b); or
         (3) the person possesses a valid driver's license or state issued identification card, but the card does not reflect the person's current address or current physical description because fewer than thirty (30) days have passed since the person changed the person's current address or physical characteristics.

SOURCE: IC 11-8-8-19; (13)EH1053.1.12. -->     SECTION 12. IC 11-8-8-19, AS AMENDED BY P.L.114-2012, SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 19. (a) Except as provided in subsections (b) through (e), a sex or violent offender is required to register under this chapter until the expiration of ten (10) years after the date the sex or violent offender:
        (1) is released from a penal facility (as defined in IC 35-31.5-2-232) or a secure juvenile detention facility of a state or another jurisdiction;
        (2) is placed in a community transition program;
        (3) is placed in a community corrections program;

        (4) is placed on parole; or
        (5) is placed on probation;
for the sex or violent offense requiring registration, whichever occurs last. The registration period is tolled during any period that the sex or violent offender is incarcerated. The registration period does not restart if the offender is convicted of a subsequent offense. However, if the subsequent offense is a sex or violent offense, a new registration period may be imposed in accordance with this chapter. The department shall ensure that an offender who is no longer required to register as a sex or violent offender is notified that the obligation to register has expired, and shall ensure that the offender's information is no longer published to the public portal of the sex or violent offender registry Internet web site established under IC 36-2-13-5.5.
    (b) A sex or violent offender who is a sexually violent predator is required to register for life.
    (c) A sex or violent offender who is convicted of at least one (1) offense under section 5(a) of this chapter that the sex or violent offender committed:
        (1) when the person was at least eighteen (18) years of age; and
        (2) against a victim who was less than twelve (12) years of age at the time of the crime;
is required to register for life.
    (d) A sex or violent offender who is convicted of at least one (1) offense under section 5(a) of this chapter in which the sex offender:
        (1) proximately caused serious bodily injury or death to the victim;
        (2) used force or the threat of force against the victim or a member of the victim's family, unless the offense is sexual battery as a Class D felony; or
        (3) rendered the victim unconscious or otherwise incapable of giving voluntary consent;
is required to register for life.
    (e) A sex or violent offender who is convicted of at least two (2) unrelated offenses under section 5(a) of this chapter is required to register for life.
    (f) A person who is required to register as a sex or violent offender in any jurisdiction shall register for the period required by the other jurisdiction or the period described in this section, whichever is longer.

SOURCE: IC 11-8-8-22; (13)EH1053.1.13. --> SECTION 13. IC 11-8-8-22, AS AMENDED BY P.L.103-2010, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 22. (a) As used in this section, "offender" means a sex offender (as defined in section 4.5 of this chapter) and a sex or

violent offender (as defined in section 5 of this chapter).
    (b) Subsection (g) applies to an offender required to register under this chapter if, due to a change in federal or state law after June 30, 2007, an individual who engaged in the same conduct as the offender:
        (1) would not be required to register under this chapter; or
        (2) would be required to register under this chapter but under less restrictive conditions than the offender is required to meet.
    (c) A person to whom this section applies may petition a court to:
        (1) remove the person's designation as an offender and order the department to remove all information regarding the person from the public portal of the sex or violent offender registry Internet web site established under IC 36-2-13-5.5; or
        (2) require the person to register under less restrictive conditions.
    (d) A petition under this section shall be filed in the circuit or superior court of the county in which the offender resides. If the offender resides in more than one (1) county, the petition shall be filed in the circuit or superior court of the county in which the offender resides the greatest time. If the offender does not reside in Indiana, the petition shall be filed in the circuit or superior court of the county where the offender is employed the greatest time. If the offender does not reside or work in Indiana, but is a student in Indiana, the petition shall be filed in the circuit or superior court of the county where the offender is a student. If the offender is not a student in Indiana and does not reside or work in Indiana, the petition shall be filed in the county where the offender was most recently convicted of a crime listed in section 5 of this chapter.
    (e) After receiving a petition under this section, the court may:
        (1) summarily dismiss the petition; or
        (2) give notice to:
            (A) the department;
            (B) the attorney general;
            (C) the prosecuting attorney of:
                (i) the county where the petition was filed;
                (ii) the county where offender was most recently convicted of an offense listed in section 5 of this chapter; and
                (iii) the county where the offender resides; and
            (D) the sheriff of the county where the offender resides;
and set the matter for hearing. The date set for a hearing must not be less than sixty (60) days after the court gives notice under this subsection.
    (f) If a court sets a matter for a hearing under this section, the prosecuting attorney of the county in which the action is pending shall

appear and respond, unless the prosecuting attorney requests the attorney general to appear and respond and the attorney general agrees to represent the interests of the state in the matter. If the attorney general agrees to appear, the attorney general shall give notice to:
        ~~(A)~~ (1) the prosecuting attorney; and
        ~~(B)~~ (2) the court.
    (g) A court may grant a petition under this section if, following a hearing, the court makes the following findings:
        (1) The law requiring the petitioner to register as an offender has changed since the date on which the petitioner was initially required to register.
        (2) If the petitioner who was required to register as an offender before the change in law engaged in the same conduct after the change in law occurred, the petitioner would:
            (A) not be required to register as an offender; or
            (B) be required to register as an offender, but under less restrictive conditions.
        (3) If the petitioner seeks relief under this section because a change in law makes a previously unavailable defense available to the petitioner, that the petitioner has proved the defense.
The court has the discretion to deny a petition under this section, even if the court makes the findings under this subsection.
    (h) The petitioner has the burden of proof in a hearing under this section.
    (i) If the court grants a petition under this section, the court shall notify:
        (1) the victim of the offense, if applicable;
        (2) the department of correction; and
        (3) the local law enforcement authority of every county in which the petitioner is currently required to register.
    (j) An offender may base a petition filed under this section on a claim that the application or registration requirements constitute ex post facto punishment.
    (k) A petition filed under this section must:
        (1) be submitted under the penalties of perjury;
        (2) list each of the offender's criminal convictions and state for each conviction:
            (A) the date of the judgment of conviction;
            (B) the court that entered the judgment of conviction;
            (C) the crime that the offender pled guilty to or was convicted of; and
            (D) whether the offender was convicted of the crime in a trial

or pled guilty to the criminal charges; and
(3) list each jurisdiction in which the offender is required to register as a sex offender or a violent offender.
(l) The attorney general may initiate an appeal from any order granting an offender relief under this section.

SOURCE: IC 20-28-5-8; (13)EH1053.1.20. -->     SECTION 20. IC 20-28-5-8, AS AMENDED BY P.L.78-2012, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) This section applies when a prosecuting attorney knows that a licensed employee of a public school or a nonpublic school has been convicted of an offense listed in subsection (c). The prosecuting attorney shall immediately give written notice of the conviction to the following:
        (1) The state superintendent.
        (2) Except as provided in subdivision (3), the superintendent of the school corporation that employs the licensed employee or the equivalent authority if a nonpublic school employs the licensed employee.
        (3) The presiding officer of the governing body of the school corporation that employs the licensed employee, if the convicted licensed employee is the superintendent of the school corporation.
    (b) The superintendent of a school corporation, presiding officer of the governing body, or equivalent authority for a nonpublic school shall immediately notify the state superintendent when the individual knows that a current or former licensed employee of the public school or nonpublic school has been convicted of an offense listed in subsection (c), or when the governing body or equivalent authority for a nonpublic school takes any final action in relation to an employee who engaged in any offense listed in subsection (c).
    (c) The department, after holding a hearing on the matter, shall permanently revoke the license of a person who is known by the department to have been convicted of any of the following felonies:
        (1) Kidnapping (IC 35-42-3-2).
        (2) Criminal confinement (IC 35-42-3-3).
        (3) Rape (IC 35-42-4-1).
        (4) Criminal deviate conduct (IC 35-42-4-2) (repealed).
        (5) Child molesting (IC 35-42-4-3).
        (6) Child exploitation (IC 35-42-4-4(b)).
        (7) Vicarious sexual gratification (IC 35-42-4-5).
        (8) Child solicitation (IC 35-42-4-6).
        (9) Child seduction (IC 35-42-4-7).

        (10) Sexual misconduct with a minor (IC 35-42-4-9).
        (11) Incest (IC 35-46-1-3).
        (12) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
        (13) Dealing in methamphetamine (IC 35-48-4-1.1).
        (14) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
        (15) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
        (16) Dealing in a schedule V controlled substance (IC 35-48-4-4).
        (17) Dealing in a counterfeit substance (IC 35-48-4-5).
        (18) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic drug (IC 35-48-4-10(b)).
        (19) Possession of child pornography (IC 35-42-4-4(c)).
        (20) Homicide (IC 35-42-1).
        (21) Voluntary manslaughter (IC 35-42-1-3).
        (22) Reckless homicide (IC 35-42-1-5).
        (23) Battery as any of the following:
            (A) A Class A felony (IC 35-42-2-1(a)(5)).
            (B) A Class B felony (IC 35-42-2-1(a)(4)).
            (C) A Class C felony (IC 35-42-2-1(a)(3)).
        (24) Aggravated battery (IC 35-42-2-1.5).
        (25) Robbery (IC 35-42-5-1).
        (26) Carjacking (IC 35-42-5-2).
        (27) Arson as a Class A felony or a Class B felony (IC 35-43-1-1(a)).
        (28) Burglary as a Class A felony or a Class B felony (IC 35-43-2-1).
        (29) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (28).
        (30) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (28).
    (d) The department, after holding a hearing on the matter, shall permanently revoke the license of a person who is known by the department to have been convicted of a federal offense or an offense in another state that is comparable to a felony listed in subsection (c).
    (e) A license may be suspended by the state superintendent as specified in IC 20-28-7.5.
    (f) The department shall develop a data base of information on school corporation employees who have been reported to the department under this section.

SOURCE: IC 31-30-1-4; (13)EH1053.1.25. -->     SECTION 25. IC 31-30-1-4, AS AMENDED BY P.L.67-2008, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) The juvenile court does not have jurisdiction over an individual for an alleged violation of:
        (1) IC 35-41-5-1(a) (attempted murder);
        (2) IC 35-42-1-1 (murder);
        (3) IC 35-42-3-2 (kidnapping);
        (4) IC 35-42-4-1 (rape);
        (5) IC 35-42-4-2 (criminal deviate conduct) (repealed);
        (6) IC 35-42-5-1 (robbery) if:
            (A) the robbery was committed while armed with a deadly weapon; or
            (B) the robbery results in bodily injury or serious bodily injury;
        (7) IC 35-42-5-2 (carjacking);
        (8) IC 35-45-9-3 (criminal gang activity);
        (9) IC 35-45-9-4 (criminal gang intimidation);
        (10) IC 35-47-2-1 (carrying a handgun without a license), if charged as a felony;
        (11) IC 35-47-10 (children and firearms), if charged as a felony;
        (12) IC 35-47-5-4.1 (dealing in a sawed-off shotgun); or
        (13) any offense that may be joined under IC 35-34-1-9(a)(2) with any crime listed in subdivisions (1) through (12);
if the individual was at least sixteen (16) years of age at the time of the alleged violation.

    (b) The juvenile court does not have jurisdiction for an alleged violation of manufacturing or dealing in cocaine or a narcotic drug (IC 35-48-4-1), dealing in methamphetamine (IC 35-48-4-1.1), dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2), or dealing in a schedule IV controlled substance (IC 35-48-4-3), if:
        (1) the individual has a prior unrelated conviction under IC 35-48-4-1, IC 35-48-4-1.1, IC 35-48-4-2, or IC 35-48-4-3; or
        (2) the individual has a prior unrelated juvenile adjudication that, if committed by an adult, would be a crime under IC 35-48-4-1, IC 35-48-4-1.1, IC 35-48-4-2, or IC 35-48-4-3;
and the individual was at least sixteen (16) years of age at the time of the alleged violation.
    (c) Once an individual described in subsection (a) or (b) has been charged with any crime listed in subsection (a) or (b), the court having adult criminal jurisdiction shall retain jurisdiction over the case even if the individual pleads guilty to or is convicted of a lesser included offense. A plea of guilty to or a conviction of a lesser included offense does not vest jurisdiction in the juvenile court.

SOURCE: IC 31-34-1-3; (13)EH1053.1.26. -->     SECTION 26. IC 31-34-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A child is a child in need of services if, before the child becomes eighteen (18) years of age:
        (1) the child is the victim of a sex offense under:
            (A) IC 35-42-4-1;
            (B) IC 35-42-4-2 (repealed);
            (C) IC 35-42-4-3;
            (D) IC 35-42-4-4;
            (E) IC 35-42-4-7;
            (F) IC 35-42-4-9;
            (G) IC 35-45-4-1;
            (H) IC 35-45-4-2;
            (I) IC 35-46-1-3; or
            (J) the law of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in clauses (A) through (I); and
        (2) the child needs care, treatment, or rehabilitation that:
            (A) the child is not receiving; and
            (B) is unlikely to be provided or accepted without the coercive intervention of the court.
    (b) A child is a child in need of services if, before the child becomes eighteen (18) years of age:
        (1) the child lives in the same household as another child who is

the victim of a sex offense under:
            (A) IC 35-42-4-1;
            (B) IC 35-42-4-2 (repealed);
            (C) IC 35-42-4-3;
            (D) IC 35-42-4-4;
            (E) IC 35-42-4-7;
            (F) IC 35-42-4-9;
            (G) IC 35-45-4-1;
            (H) IC 35-45-4-2;
            (I) IC 35-46-1-3; or
            (J) the law of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in clauses (A) through (I);
        (2) the child lives in the same household as the adult who committed the sex offense under subdivision (1) and the sex offense resulted in a conviction or a judgment under IC 31-34-11-2;
        (3) the child needs care, treatment, or rehabilitation that:
            (A) the child is not receiving; and
            (B) is unlikely to be provided or accepted without the coercive intervention of the court; and
        (4) a caseworker assigned to provide services to the child:
            (A) places the child in a program of informal adjustment or other family or rehabilitative services based upon the existence of the circumstances described in subdivisions (1) and (2) and the assigned caseworker subsequently determines further intervention is necessary; or
            (B) determines that a program of informal adjustment or other family or rehabilitative services is inappropriate.

SOURCE: IC 35-38-1-7.5; (13)EH1053.1.33. -->     SECTION 33. IC 35-38-1-7.5, AS AMENDED BY P.L.216-2007, SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7.5. (a) As used in this section, "sexually violent predator" means a person who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex offense (as defined in IC 11-8-8-5.2). The term includes a person convicted in another jurisdiction who is identified as a sexually violent predator under IC 11-8-8-20. The term does not include a person no longer considered a sexually violent predator under subsection (g).
    (b) A person who:
        (1) being at least eighteen (18) years of age, commits an offense described in:
            (A) IC 35-42-4-1;
            (B) IC 35-42-4-2 (before its repeal);
            (C) IC 35-42-4-3 as a Class A or Class B felony;
            (D) IC 35-42-4-5(a)(1);
            (E) IC 35-42-4-5(a)(2);
            (F) IC 35-42-4-5(a)(3);
            (G) IC 35-42-4-5(b)(1) as a Class A or Class B felony;

            (H) IC 35-42-4-5(b)(2);
            (I) IC 35-42-4-5(b)(3) as a Class A or Class B felony;
            (J) an attempt or conspiracy to commit a crime listed in clauses (A) through (I); or
            (K) a crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in clauses (A) through (J);
        (2) commits a sex offense (as defined in IC 11-8-8-5.2) while having a previous unrelated conviction for a sex offense for which the person is required to register as a sex or violent offender under IC 11-8-8;
        (3) commits a sex offense (as defined in IC 11-8-8-5.2) while having had a previous unrelated adjudication as a delinquent child for an act that would be a sex offense if committed by an adult, if, after considering expert testimony, a court finds by clear and convincing evidence that the person is likely to commit an additional sex offense; or
        (4) commits a sex offense (as defined in IC 11-8-8-5.2) while having had a previous unrelated adjudication as a delinquent child for an act that would be a sex offense if committed by an adult, if the person was required to register as a sex or violent offender under IC 11-8-8-5(b)(2);
is a sexually violent predator. Except as provided in subsection (g) or (h), a person is a sexually violent predator by operation of law if an offense committed by the person satisfies the conditions set forth in subdivision (1) or (2) and the person was released from incarceration, secure detention, or probation, or parole for the offense after June 30, 1994.
    (c) This section applies whenever a court sentences a person or a juvenile court issues a dispositional decree for a sex offense (as defined in IC 11-8-8-5.2) for which the person is required to register with the local law enforcement authority under IC 11-8-8.
    (d) At the sentencing hearing, the court shall indicate on the record whether the person has been convicted of an offense that makes the person a sexually violent predator under subsection (b).
    (e) If a person is not a sexually violent predator under subsection (b), the prosecuting attorney may request the court to conduct a hearing to determine whether the person (including a child adjudicated to be a delinquent child) is a sexually violent predator under subsection (a). If the court grants the motion, the court shall appoint two (2) psychologists or psychiatrists who have expertise in criminal behavioral disorders to evaluate the person and testify at the hearing.

After conducting the hearing and considering the testimony of the two (2) psychologists or psychiatrists, the court shall determine whether the person is a sexually violent predator under subsection (a). A hearing conducted under this subsection may be combined with the person's sentencing hearing.
    (f) If a person is a sexually violent predator:
        (1) the person is required to register with the local law enforcement authority as provided in IC 11-8-8; and
        (2) the court shall send notice to the department of correction.
    (g) This subsection does not apply to a person who has two (2) or more unrelated convictions for an offense described in IC 11-8-8-4.5 for which the person is required to register under IC 11-8-8. A person who is a sexually violent predator may petition the court to consider whether the person should no longer be considered a sexually violent predator. The person may file a petition under this subsection not earlier than ten (10) years after:
        (1) the sentencing court or juvenile court makes its determination under subsection (e); or
        (2) the person is released from incarceration or secure detention.
A person may file a petition under this subsection not more than one (1) time per year. A court may dismiss a petition filed under this subsection or conduct a hearing to determine if the person should no longer be considered a sexually violent predator. If the court conducts a hearing, the court shall appoint two (2) psychologists or psychiatrists who have expertise in criminal behavioral disorders to evaluate the person and testify at the hearing. After conducting the hearing and considering the testimony of the two (2) psychologists or psychiatrists, the court shall determine whether the person should no longer be considered a sexually violent predator under subsection (a). If a court finds that the person should no longer be considered a sexually violent predator, the court shall send notice to the department of correction that the person is no longer considered a sexually violent predator or an offender against children. Notwithstanding any other law, a condition imposed on a person due to the person's status as a sexually violent predator, including lifetime parole or GPS monitoring, does not apply to a person no longer considered a sexually violent predator.
    (h) A person is not a sexually violent predator by operation of law under subsection (b)(1) if all of the following conditions are met:
        (1) The victim was not less than twelve (12) years of age at the time the offense was committed.
        (2) The person is not more than four (4) years older than the victim.

        (3) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term "ongoing personal relationship" does not include a family relationship.
        (4) The offense committed by the person was not any of the following:
            (A) Rape (IC 35-42-4-1).
            (B) Criminal deviate conduct (IC 35-42-4-2) (repealed).
            (C) An offense committed by using or threatening the use of deadly force or while armed with a deadly weapon.
            (D) An offense that results in serious bodily injury.
            (E) An offense that is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
        (5) The person has not committed another sex offense (as defined in IC 11-8-8-5.2) (including a delinquent act that would be a sex offense if committed by an adult) against any other person.
        (6) The person did not have a position of authority or substantial influence over the victim.
        (7) The court finds that the person should not be considered a sexually violent predator.

SOURCE: IC 35-38-2-2.5; (13)EH1053.1.34. -->     SECTION 34. IC 35-38-2-2.5, AS AMENDED BY P.L.216-2007, SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.5. (a) As used in this section, "offender" means an individual convicted of a sex offense.
    (b) As used in this section, "sex offense" means any of the following:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
        (3) Child molesting (IC 35-42-4-3).
        (4) Child exploitation (IC 35-42-4-4(b)).
        (5) Vicarious sexual gratification (IC 35-42-4-5).
        (6) Child solicitation (IC 35-42-4-6).
        (7) Child seduction (IC 35-42-4-7).
        (8) Sexual battery (IC 35-42-4-8).
        (9) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
        (10) Incest (IC 35-46-1-3).
    (c) A condition of remaining on probation or parole after conviction for a sex offense is that the offender not reside within one (1) mile of

the residence of the victim of the offender's sex offense.
    (d) An offender:
        (1) who will be placed on probation shall provide the sentencing court and the probation department with the address where the offender intends to reside during the period of probation:
            (A) at the time of sentencing if the offender will be placed on probation without first being incarcerated; or
            (B) before the offender's release from incarceration if the offender will be placed on probation after completing a term of incarceration; or
        (2) who will be placed on parole shall provide the parole board with the address where the offender intends to reside during the period of parole.
    (e) An offender, while on probation or parole, may not establish a new residence within one (1) mile of the residence of the victim of the offender's sex offense unless the offender first obtains a waiver from the:
        (1) court, if the offender is placed on probation; or
        (2) parole board, if the offender is placed on parole;
for the change of address under subsection (f).
    (f) The court or parole board may waive the requirement set forth in subsection (c) only if the court or parole board, at a hearing at which the offender is present and of which the prosecuting attorney has been notified, determines that:
        (1) the offender has successfully completed a sex offender treatment program during the period of probation or parole;
        (2) the offender is in compliance with all terms of the offender's probation or parole; and
        (3) good cause exists to allow the offender to reside within one (1) mile of the residence of the victim of the offender's sex offense.
However, the court or parole board may not grant a waiver under this subsection if the offender is a sexually violent predator under IC 35-38-1-7.5 or if the offender is an offender against children under IC 35-42-4-11.
    (g) If the court or parole board grants a waiver under subsection (f), the court or parole board shall state in writing the reasons for granting the waiver. The court's written statement of its reasons shall be incorporated into the record.
    (h) The address of the victim of the offender's sex offense is confidential even if the court or parole board grants a waiver under subsection (f).

SOURCE: IC 35-42-4-4; (13)EH1053.1.38. -->     SECTION 38. IC 35-42-4-4, AS AMENDED BY P.L.6-2012, SECTION 226, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) The following definitions apply throughout this section:
        (1) "Disseminate" means to transfer possession for free or for a consideration.
        (2) "Matter" has the same meaning as in IC 35-49-1-3.
        (3) "Performance" has the same meaning as in IC 35-49-1-7.
        (4) "Sexual conduct" means sexual intercourse, deviate sexual conduct, exhibition of the uncovered genitals intended to satisfy or arouse the sexual desires of any person, sadomasochistic abuse, sexual intercourse or deviate sexual conduct with an animal, or any fondling or touching of a child by another person or of another person by a child intended to arouse or satisfy the sexual desires of either the child or the other person.
    (b) A person who knowingly or intentionally:
        (1) manages, produces, sponsors, presents, exhibits, photographs, films, videotapes, or creates a digitized image of any performance

or incident that includes sexual conduct by a child under eighteen (18) years of age;
        (2) disseminates, exhibits to another person, offers to disseminate or exhibit to another person, or sends or brings into Indiana for dissemination or exhibition matter that depicts or describes sexual conduct by a child under eighteen (18) years of age; or
        (3) makes available to another person a computer, knowing that the computer's fixed drive or peripheral device contains matter that depicts or describes sexual conduct by a child less than eighteen (18) years of age;
commits child exploitation, a Class C felony.
    (c) A person who knowingly or intentionally possesses:
        (1) a picture;
        (2) a drawing;
        (3) a photograph;
        (4) a negative image;
        (5) undeveloped film;
        (6) a motion picture;
        (7) a videotape;
        (8) a digitized image; or
        (9) any pictorial representation;
that depicts or describes sexual conduct by a child who the person knows is less than ~~sixteen~~ ~~(16)~~ eighteen (18) years of age or who appears to be less than ~~sixteen~~ ~~(16)~~ eighteen (18) years of age, and that lacks serious literary, artistic, political, or scientific value commits possession of child pornography, a Class D felony.
    (d) Subsections (b) and (c) do not apply to a bona fide school, museum, or public library that qualifies for certain property tax exemptions under IC 6-1.1-10, or to an employee of such a school, museum, or public library acting within the scope of the employee's employment when the possession of the listed materials is for legitimate scientific or educational purposes.
    (e) It is a defense to a prosecution under this section that:
        (1) the person is a school employee; and
        (2) the acts constituting the elements of the offense were performed solely within the scope of the person's employment as a school employee.
    (f) Except as provided in subsection (g), it is a defense to a prosecution under subsection (b)(1), subsection (b)(2), or subsection (c) if all of the following apply:
        (1) A cellular telephone, another wireless or cellular communications device, or a social networking web site was used

to possess, produce, or disseminate the image.
        (2) The defendant is not more than four (4) years older or younger than the person who is depicted in the image or who received the image.
        (3) The relationship between the defendant and the person who received the image or who is depicted in the image was a dating relationship or an ongoing personal relationship. For purposes of this subdivision, the term "ongoing personal relationship" does not include a family relationship.
        (4) The crime was committed by a person less than twenty-two (22) years of age.
        (5) The person receiving the image or who is depicted in the image acquiesced in the defendant's conduct.
    (g) The defense to a prosecution described in subsection (f) does not apply if:
        (1) the person who receives the image disseminates it to a person other than the person:
            (A) who sent the image; or
            (B) who is depicted in the image;
        (2) the image is of a person other than the person who sent the image or received the image; or
        (3) the dissemination of the image violates:
            (A) a protective order to prevent domestic or family violence issued under IC 34-26-5 (or, if the order involved a family or household member, under IC 34-26-2 or IC 34-4-5.1-5 before their repeal);
            (B) an ex parte protective order issued under IC 34-26-5 (or, if the order involved a family or household member, an emergency order issued under IC 34-26-2 or IC 34-4-5.1 before their repeal);
            (C) a workplace violence restraining order issued under IC 34-26-6;
            (D) a no contact order in a dispositional decree issued under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child;
            (E) a no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion, and including a no contact order issued under IC 35-33-8-3.6;

            (F) a no contact order issued as a condition of probation;
            (G) a protective order to prevent domestic or family violence issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2 before their repeal);
            (H) a protective order to prevent domestic or family violence issued under IC 31-14-16-1 in a paternity action;
            (I) a no contact order issued under IC 31-34-25 in a child in need of services proceeding or under IC 31-37-25 in a juvenile delinquency proceeding;
            (J) an order issued in another state that is substantially similar to an order described in clauses (A) through (I);
            (K) an order that is substantially similar to an order described in clauses (A) through (I) and is issued by an Indian:
                (i) tribe;
                (ii) band;
                (iii) pueblo;
                (iv) nation; or
                (v) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
            that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians;
            (L) an order issued under IC 35-33-8-3.2; or
            (M) an order issued under IC 35-38-1-30.

SOURCE: IC 35-42-4-11; (13)EH1053.1.39. -->     SECTION 39. IC 35-42-4-11, AS AMENDED BY P.L.216-2007, SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11. (a) As used in this section, and except as provided in subsection (d), "offender against children" means a person required to register as a sex or violent offender under IC 11-8-8 who has been:
        (1) found to be a sexually violent predator under IC 35-38-1-7.5; or
        (2) convicted of one (1) or more of the following offenses:
            (A) Child molesting (IC 35-42-4-3).
            (B) Child exploitation (IC 35-42-4-4(b)).
            (C) Child solicitation (IC 35-42-4-6).
            (D) Child seduction (IC 35-42-4-7).
            (E) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, ~~and~~ ~~the~~ ~~person~~ is ~~not~~ ~~the~~ ~~child's~~ ~~parent~~ or ~~guardian.~~ unless the court finds that the offense

was not committed for a sexual purpose.
            (F) Attempt to commit or conspiracy to commit an offense listed in clauses (A) through (E).
            (G) An offense in another jurisdiction that is substantially similar to an offense described in clauses (A) through (F).
A person is an offender against children by operation of law if the person meets the conditions described in subdivision (1) or (2) at any time.
    (b) As used in this section, "reside" means to spend more than three (3) nights in:
        (1) a residence; or
        (2) if the person does not reside in a residence, a particular location;
in any thirty (30) day period.
    (c) An offender against children who knowingly or intentionally:
        (1) resides within one thousand (1,000) feet of:
            (A) school property, not including property of an institution providing post-secondary education;
            (B) a youth program center; or
            (C) a public park; or
        (2) establishes a residence within one (1) mile of the residence of the victim of the offender's sex offense;
commits a sex offender residency offense, a Class D felony.
    (d) This subsection does not apply to an offender against children who has two (2) or more unrelated convictions for an offense described in subsection (a). A person who is an offender against children may petition the court to consider whether the person should no longer be considered an offender against children. The person may file a petition under this subsection not earlier than ten (10) years after the person is released from incarceration (or, if the person is not incarcerated, not earlier than ten (10) years after the person is released from probation.) or ~~parole,~~ ~~whichever~~ ~~occurs~~ ~~last.~~ A person may file a petition under this subsection not more than one (1) time per year. A court may dismiss a petition filed under this subsection or conduct a hearing to determine if the person should no longer be considered an offender against children. If the court conducts a hearing, the court shall appoint two (2) psychologists or psychiatrists who have expertise in criminal behavioral disorders to evaluate the person and testify at the hearing. After conducting the hearing and considering the testimony of the two (2) psychologists or psychiatrists, the court shall determine whether the person should no longer be considered an offender against children. If a court finds that the person should no longer be considered

an offender against children, the court shall send notice to the department of correction that the person is no longer considered an offender against children.

SOURCE: IC 35-42-4-12; (13)EH1053.1.40. -->     SECTION 40. IC 35-42-4-12, AS ADDED BY P.L.119-2008, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. (a) This section does not apply to a person to whom all of the following apply:
        (1) The person is not more than:
            (A) four (4) years older than the victim if the offense was committed after June 30, 2007; or
            (B) five (5) years older than the victim if the offense was committed before July 1, 2007.
        (2) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term "ongoing personal relationship" does not include a family relationship.
        (3) The crime:
            (A) was not committed by a person who is at least twenty-one (21) years of age;
            (B) was not committed by using or threatening the use of deadly force;
            (C) was not committed while armed with a deadly weapon;
            (D) did not result in serious bodily injury;
            (E) was not facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; and
            (F) was not committed by a person having a position of authority or substantial influence over the victim.
    (b) This section applies only to a person required to register as a sex or violent offender under IC 11-8-8 who has been:
        (1) found to be a sexually violent predator under IC 35-38-1-7.5; or
        (2) convicted of one (1) or more of the following offenses:
            (A) Child molesting (IC 35-42-4-3).
            (B) Child exploitation (IC 35-42-4-4(b)).
            (C) Possession of child pornography (IC 35-42-4-4(c)).
            (D) Vicarious sexual gratification (IC 35-42-4-5(a) or IC 35-42-4-5(b)).
            (E) Sexual conduct in the presence of a minor

(IC 35-42-4-5(c)).
            (F) Child solicitation (IC 35-42-4-6).
            (G) Child seduction (IC 35-42-4-7).
            (H) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, ~~and~~ ~~the~~ ~~person~~ is ~~not~~ ~~the~~ ~~child's~~ ~~parent~~ or ~~guardian.~~ unless the court finds that the offense was not committed for a sexual purpose.
            (I) Attempt to commit or conspiracy to commit an offense listed in clauses (A) through (H).
            (J) An offense in another jurisdiction that is substantially similar to an offense described in clauses (A) through (H).
    (c) As used in this section, "instant messaging or chat room program" means a software program that requires a person to register or create an account, a username, or a password to become a member or registered user of the program and allows two (2) or more members or authorized users to communicate over the Internet in real time using typed text. The term does not include an electronic mail program or message board program.
    (d) As used in this section, "social networking web site" means an Internet web site that:
        (1) facilitates the social introduction between two (2) or more persons;
        (2) requires a person to register or create an account, a username, or a password to become a member of the web site and to communicate with other members;
        (3) allows a member to create a web page or a personal profile; and
        (4) provides a member with the opportunity to communicate with another person.
The term does not include an electronic mail program or message board program.
    (e) A person described in subsection (b) who knowingly or intentionally uses:
        (1) a social networking web site; or
        (2) an instant messaging or chat room program;
that the offender knows allows a person who is less than eighteen (18) years of age to access or use the web site or program commits a sex offender Internet offense, a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated conviction under this section.
    (f) It is a defense to a prosecution under this section that the person:
        (1) did not know that the web site or program allowed a person

who is less than eighteen (18) years of age to access or use the web site or program; and
(2) upon discovering that the web site or program allows a person who is less than eighteen (18) years of age to access or use the web site or program, immediately ceased further use or access of the web site or program.

SOURCE: IC 35-47-4-5; (13)EH1053.1.41. -->     SECTION 41. IC 35-47-4-5, AS AMENDED BY P.L.126-2012, SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) As used in this section, "serious violent felon" means a person who has been convicted of:
        (1) committing a serious violent felony in:
            (A) Indiana; or
            (B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a serious violent felony; or
        (2) attempting to commit or conspiring to commit a serious violent felony in:
            (A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2; or
            (B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of attempting to commit or conspiring to commit a serious violent felony.
    (b) As used in this section, "serious violent felony" means:
        (1) murder (IC 35-42-1-1);
        (2) voluntary manslaughter (IC 35-42-1-3);
        (3) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
        (4) battery as a:
            (A) Class A felony (IC 35-42-2-1(a)(5));
            (B) Class B felony (IC 35-42-2-1(a)(4)); or
            (C) Class C felony (IC 35-42-2-1(a)(3));
        (5) aggravated battery (IC 35-42-2-1.5);
        (6) kidnapping (IC 35-42-3-2);
        (7) criminal confinement (IC 35-42-3-3);
        (8) rape (IC 35-42-4-1);
        (9) criminal deviate conduct (IC 35-42-4-2) (repealed);
        (10) child molesting (IC 35-42-4-3);
        (11) sexual battery as a Class C felony (IC 35-42-4-8);
        (12) robbery (IC 35-42-5-1);
        (13) carjacking (IC 35-42-5-2);
        (14) arson as a Class A felony or Class B felony

(IC 35-43-1-1(a));
        (15) burglary as a Class A felony or Class B felony (IC 35-43-2-1);
        (16) assisting a criminal as a Class C felony (IC 35-44.1-2-5);
        (17) resisting law enforcement as a Class B felony or Class C felony (IC 35-44.1-3-1);
        (18) escape as a Class B felony or Class C felony (IC 35-44.1-3-4);
        (19) trafficking with an inmate as a Class C felony (IC 35-44.1-3-5);
        (20) criminal gang intimidation (IC 35-45-9-4);
        (21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
        (22) incest (IC 35-46-1-3);
        (23) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
        (24) dealing in methamphetamine (IC 35-48-4-1.1);
        (25) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
        (26) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
        (27) dealing in a schedule V controlled substance (IC 35-48-4-4).
    (c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Class B felony.

SOURCE: IC 35-50-1-2; (13)EH1053.1.44. -->     SECTION 44. IC 35-50-1-2, AS AMENDED BY P.L.125-2012, SECTION 416, AND AS AMENDED BY P.L.126-2012, SECTION 59, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) As used in this section, "crime of violence" means the following:
        (1) Murder (IC 35-42-1-1).
        (2) Attempted murder (IC 35-41-5-1).
        (3) Voluntary manslaughter (IC 35-42-1-3).
        (4) Involuntary manslaughter (IC 35-42-1-4).
        (5) Reckless homicide (IC 35-42-1-5).
        (6) Aggravated battery (IC 35-42-2-1.5).
        (7) Kidnapping (IC 35-42-3-2).
        (8) Rape (IC 35-42-4-1).
        (9) Criminal deviate conduct (IC 35-42-4-2) (repealed).
        (10) Child molesting (IC 35-42-4-3).
        (11) Sexual misconduct with a minor as a Class A felony under IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2).
        (12) Robbery as a Class A felony or a Class B felony (IC 35-42-5-1).
        (13) Burglary as a Class A felony or a Class B felony (IC 35-43-2-1).
        (14) Operating a vehicle while intoxicated causing death (IC 9-30-5-5).
        (15) Operating a ~~motor~~ vehicle while intoxicated causing serious bodily injury to another person (IC 9-30-5-4).
        (16) Resisting law enforcement as a felony ~~(IC~~ ~~35-44-3-3).~~ (IC 35-44.1-3-1).
    (b) As used in this section, "episode of criminal conduct" means offenses or a connected series of offenses that are closely related in time, place, and circumstance.
    (c) Except as provided in subsection (d) or (e), the court shall determine whether terms of imprisonment shall be served concurrently or consecutively. The court may consider the:
        (1) aggravating circumstances in IC 35-38-1-7.1(a); and
        (2) mitigating circumstances in IC 35-38-1-7.1(b);
in making a determination under this subsection. The court may order terms of imprisonment to be served consecutively even if the sentences are not imposed at the same time. However, except for crimes of violence, the total of the consecutive terms of imprisonment, exclusive of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10, to

which the defendant is sentenced for felony convictions arising out of an episode of criminal conduct shall not exceed the advisory sentence for a felony which is one (1) class of felony higher than the most serious of the felonies for which the person has been convicted.
    (d) If, after being arrested for one (1) crime, a person commits another crime:
        (1) before the date the person is discharged from probation, parole, or a term of imprisonment imposed for the first crime; or
        (2) while the person is released:
            (A) upon the person's own recognizance; or
            (B) on bond;
the terms of imprisonment for the crimes shall be served consecutively, regardless of the order in which the crimes are tried and sentences are imposed.
    (e) If the factfinder determines under IC 35-50-2-11 that a person used a firearm in the commission of the offense for which the person was convicted, the term of imprisonment for the underlying offense and the additional term of imprisonment imposed under IC 35-50-2-11 must be served consecutively.

SOURCE: IC 35-50-2-2; (13)EH1053.1.45. -->     SECTION 45. IC 35-50-2-2, AS AMENDED BY P.L.126-2012, SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) The court may suspend any part of a sentence for a felony, except as provided in this section or in section 2.1 of this chapter.
    (b) Except as provided in subsection (i), with respect to the following crimes listed in this subsection, the court may suspend only that part of the sentence that is in excess of the minimum sentence, unless the court has approved placement of the offender in a forensic diversion program under IC 11-12-3.7:
        (1) The crime committed was a Class A felony or Class B felony and the person has a prior unrelated felony conviction.
        (2) The crime committed was a Class C felony and less than seven (7) years have elapsed between the date the person was discharged from probation, imprisonment, or parole, whichever is later, for a prior unrelated felony conviction and the date the person committed the Class C felony for which the person is being sentenced.
        (3) The crime committed was a Class D felony and less than three (3) years have elapsed between the date the person was discharged from probation, imprisonment, or parole, whichever is later, for a prior unrelated felony conviction and the date the person committed the Class D felony for which the person is

being sentenced. However, the court may suspend the minimum sentence for the crime only if the court orders home detention under IC 35-38-1-21 or IC 35-38-2.5-5 instead of the minimum sentence specified for the crime under this chapter.
        (4) The felony committed was:
            (A) murder (IC 35-42-1-1);
            (B) battery (IC 35-42-2-1) with a deadly weapon or battery causing death;
            (C) sexual battery (IC 35-42-4-8) with a deadly weapon;
            (D) kidnapping (IC 35-42-3-2);
            (E) confinement (IC 35-42-3-3) with a deadly weapon;
            (F) rape (IC 35-42-4-1) as a Class A felony;
            (G) criminal deviate conduct (IC 35-42-4-2) (repealed) as a Class A felony;
            (H) except as provided in subsection (i), child molesting (IC 35-42-4-3) as a Class A or Class B felony, unless:
                (i) the felony committed was child molesting as a Class B felony;
                (ii) the victim was not less than twelve (12) years old at the time the offense was committed;
                (iii) the person is not more than four (4) years older than the victim, or more than five (5) years older than the victim if the relationship between the person and the victim was a dating relationship or an ongoing personal relationship (not including a family relationship);
                (iv) the person did not have a position of authority or substantial influence over the victim; and
                (v) the person has not committed another sex offense (as defined in IC 11-8-8-5.2) (including a delinquent act that would be a sex offense if committed by an adult) against any other person;
            (I) robbery (IC 35-42-5-1) resulting in serious bodily injury or with a deadly weapon;
            (J) arson (IC 35-43-1-1) for hire or resulting in serious bodily injury;
            (K) burglary (IC 35-43-2-1) resulting in serious bodily injury or with a deadly weapon;
            (L) resisting law enforcement (IC 35-44.1-3-1) with a deadly weapon;
            (M) escape (IC 35-44.1-3-4) with a deadly weapon;
            (N) rioting (IC 35-45-1-2) with a deadly weapon;
            (O) dealing in cocaine or a narcotic drug (IC 35-48-4-1) if the

court finds the person possessed a firearm (as defined in IC 35-47-1-5) at the time of the offense, or the person delivered or intended to deliver to a person under eighteen (18) years of age at least three (3) years junior to the person and was on a school bus or within one thousand (1,000) feet of:
                (i) school property;
                (ii) a public park;
                (iii) a family housing complex; or
                (iv) a youth program center;
            (P) dealing in methamphetamine (IC 35-48-4-1.1) if the court finds the person possessed a firearm (as defined in IC 35-47-1-5) at the time of the offense, or the person delivered or intended to deliver the methamphetamine pure or adulterated to a person under eighteen (18) years of age at least three (3) years junior to the person and was on a school bus or within one thousand (1,000) feet of:
                (i) school property;
                (ii) a public park;
                (iii) a family housing complex; or
                (iv) a youth program center;
            (Q) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2) if the court finds the person possessed a firearm (as defined in IC 35-47-1-5) at the time of the offense, or the person delivered or intended to deliver to a person under eighteen (18) years of age at least three (3) years junior to the person and was on a school bus or within one thousand (1,000) feet of:
                (i) school property;
                (ii) a public park;
                (iii) a family housing complex; or
                (iv) a youth program center;
            (R) an offense under IC 9-30-5 (operating a vehicle while intoxicated) and the person who committed the offense has accumulated at least two (2) prior unrelated convictions under IC 9-30-5;
            (S) an offense under IC 9-30-5-5(b) (operating a vehicle while intoxicated causing death);
            (T) aggravated battery (IC 35-42-2-1.5); or
            (U) disarming a law enforcement officer (IC 35-44.1-3-2).
    (c) Except as provided in subsection (e), whenever the court suspends a sentence for a felony, it shall place the person on probation

under IC 35-38-2 for a fixed period to end not later than the date that the maximum sentence that may be imposed for the felony will expire.
    (d) The minimum sentence for a person convicted of voluntary manslaughter may not be suspended unless the court finds at the sentencing hearing that the crime was not committed by means of a deadly weapon.
    (e) Whenever the court suspends that part of the sentence of a sex or violent offender (as defined in IC 11-8-8-5) that is suspendible under subsection (b), the court shall place the sex or violent offender on probation under IC 35-38-2 for not more than ten (10) years.
    (f) An additional term of imprisonment imposed under IC 35-50-2-11 may not be suspended.
    (g) A term of imprisonment imposed under IC 35-47-10-6 or IC 35-47-10-7 may not be suspended if the commission of the offense was knowing or intentional.
    (h) A term of imprisonment imposed for an offense under IC 35-48-4-6(b)(1)(B) or IC 35-48-4-6.1(b)(1)(B) may not be suspended.
    (i) If a person is:
        (1) convicted of child molesting (IC 35-42-4-3) as a Class A felony against a victim less than twelve (12) years of age; and
        (2) at least twenty-one (21) years of age;
the court may suspend only that part of the sentence that is in excess of thirty (30) years.

SOURCE: IC 35-50-2-9; (13)EH1053.1.46. -->     SECTION 46. IC 35-50-2-9, AS AMENDED BY P.L.99-2007, SECTION 213, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. (a) The state may seek either a death sentence or a sentence of life imprisonment without parole for murder by alleging, on a page separate from the rest of the charging instrument, the existence of at least one (1) of the aggravating circumstances listed in subsection (b). In the sentencing hearing after a person is convicted of murder, the state must prove beyond a reasonable doubt the existence of at least one (1) of the aggravating circumstances alleged. However, the state may not proceed against a defendant under this section if a court determines at a pretrial hearing under IC 35-36-9 that the defendant is an individual with mental retardation.
    (b) The aggravating circumstances are as follows:
        (1) The defendant committed the murder by intentionally killing the victim while committing or attempting to commit any of the following:
            (A) Arson (IC 35-43-1-1).

            (B) Burglary (IC 35-43-2-1).
            (C) Child molesting (IC 35-42-4-3).
            (D) Criminal deviate conduct (IC 35-42-4-2) (repealed).
            (E) Kidnapping (IC 35-42-3-2).
            (F) Rape (IC 35-42-4-1).
            (G) Robbery (IC 35-42-5-1).
            (H) Carjacking (IC 35-42-5-2).
            (I) Criminal gang activity (IC 35-45-9-3).
            (J) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
        (2) The defendant committed the murder by the unlawful detonation of an explosive with intent to injure person or damage property.
        (3) The defendant committed the murder by lying in wait.
        (4) The defendant who committed the murder was hired to kill.
        (5) The defendant committed the murder by hiring another person to kill.
        (6) The victim of the murder was a corrections employee, probation officer, parole officer, community corrections worker, home detention officer, fireman, judge, or law enforcement officer, and either:
            (A) the victim was acting in the course of duty; or
            (B) the murder was motivated by an act the victim performed while acting in the course of duty.
        (7) The defendant has been convicted of another murder.
        (8) The defendant has committed another murder, at any time, regardless of whether the defendant has been convicted of that other murder.
        (9) The defendant was:
            (A) under the custody of the department of correction;
            (B) under the custody of a county sheriff;
            (C) on probation after receiving a sentence for the commission of a felony; or
            (D) on parole;
        at the time the murder was committed.
        (10) The defendant dismembered the victim.
        (11) The defendant burned, mutilated, or tortured the victim while the victim was alive.
        (12) The victim of the murder was less than twelve (12) years of age.
        (13) The victim was a victim of any of the following offenses for which the defendant was convicted:
            (A) Battery as a Class D felony or as a Class C felony under

IC 35-42-2-1.
            (B) Kidnapping (IC 35-42-3-2).
            (C) Criminal confinement (IC 35-42-3-3).
            (D) A sex crime under IC 35-42-4.
        (14) The victim of the murder was listed by the state or known by the defendant to be a witness against the defendant and the defendant committed the murder with the intent to prevent the person from testifying.
        (15) The defendant committed the murder by intentionally discharging a firearm (as defined in IC 35-47-1-5):
            (A) into an inhabited dwelling; or
            (B) from a vehicle.
        (16) The victim of the murder was pregnant and the murder resulted in the intentional killing of a fetus that has attained viability (as defined in IC 16-18-2-365).
    (c) The mitigating circumstances that may be considered under this section are as follows:
        (1) The defendant has no significant history of prior criminal conduct.
        (2) The defendant was under the influence of extreme mental or emotional disturbance when the murder was committed.
        (3) The victim was a participant in or consented to the defendant's conduct.
        (4) The defendant was an accomplice in a murder committed by another person, and the defendant's participation was relatively minor.
        (5) The defendant acted under the substantial domination of another person.
        (6) The defendant's capacity to appreciate the criminality of the defendant's conduct or to conform that conduct to the requirements of law was substantially impaired as a result of mental disease or defect or of intoxication.
        (7) The defendant was less than eighteen (18) years of age at the time the murder was committed.
        (8) Any other circumstances appropriate for consideration.
    (d) If the defendant was convicted of murder in a jury trial, the jury shall reconvene for the sentencing hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall conduct the sentencing hearing. The jury or the court may consider all the evidence introduced at the trial stage of the proceedings, together with new evidence presented at the sentencing hearing. The court shall instruct the jury concerning the statutory penalties for murder and any

other offenses for which the defendant was convicted, the potential for consecutive or concurrent sentencing, and the availability of good time credit and clemency. The court shall instruct the jury that, in order for the jury to recommend to the court that the death penalty or life imprisonment without parole should be imposed, the jury must find at least one (1) aggravating circumstance beyond a reasonable doubt as described in subsection (l) and shall provide a special verdict form for each aggravating circumstance alleged. The defendant may present any additional evidence relevant to:
        (1) the aggravating circumstances alleged; or
        (2) any of the mitigating circumstances listed in subsection (c).
    (e) For a defendant sentenced after June 30, 2002, except as provided by IC 35-36-9, if the hearing is by jury, the jury shall recommend to the court whether the death penalty or life imprisonment without parole, or neither, should be imposed. The jury may recommend:
        (1) the death penalty; or
        (2) life imprisonment without parole;
only if it makes the findings described in subsection (l). If the jury reaches a sentencing recommendation, the court shall sentence the defendant accordingly. After a court pronounces sentence, a representative of the victim's family and friends may present a statement regarding the impact of the crime on family and friends. The impact statement may be submitted in writing or given orally by the representative. The statement shall be given in the presence of the defendant.
    (f) If a jury is unable to agree on a sentence recommendation after reasonable deliberations, the court shall discharge the jury and proceed as if the hearing had been to the court alone.
    (g) If the hearing is to the court alone, except as provided by IC 35-36-9, the court shall:
        (1) sentence the defendant to death; or
        (2) impose a term of life imprisonment without parole;
only if it makes the findings described in subsection (l).
    (h) If a court sentences a defendant to death, the court shall order the defendant's execution to be carried out not later than one (1) year and one (1) day after the date the defendant was convicted. The supreme court has exclusive jurisdiction to stay the execution of a death sentence. If the supreme court stays the execution of a death sentence, the supreme court shall order a new date for the defendant's execution.
    (i) If a person sentenced to death by a court files a petition for

post-conviction relief, the court, not later than ninety (90) days after the date the petition is filed, shall set a date to hold a hearing to consider the petition. If a court does not, within the ninety (90) day period, set the date to hold the hearing to consider the petition, the court's failure to set the hearing date is not a basis for additional post-conviction relief. The attorney general shall answer the petition for post-conviction relief on behalf of the state. At the request of the attorney general, a prosecuting attorney shall assist the attorney general. The court shall enter written findings of fact and conclusions of law concerning the petition not later than ninety (90) days after the date the hearing concludes. However, if the court determines that the petition is without merit, the court may dismiss the petition within ninety (90) days without conducting a hearing under this subsection.
    (j) A death sentence is subject to automatic review by the supreme court. The review, which shall be heard under rules adopted by the supreme court, shall be given priority over all other cases. The supreme court's review must take into consideration all claims that the:
        (1) conviction or sentence was in violation of the:
            (A) Constitution of the State of Indiana; or
            (B) Constitution of the United States;
        (2) sentencing court was without jurisdiction to impose a sentence; and
        (3) sentence:
            (A) exceeds the maximum sentence authorized by law; or
            (B) is otherwise erroneous.
If the supreme court cannot complete its review by the date set by the sentencing court for the defendant's execution under subsection (h), the supreme court shall stay the execution of the death sentence and set a new date to carry out the defendant's execution.
    (k) A person who has been sentenced to death and who has completed state post-conviction review proceedings may file a written petition with the supreme court seeking to present new evidence challenging the person's guilt or the appropriateness of the death sentence if the person serves notice on the attorney general. The supreme court shall determine, with or without a hearing, whether the person has presented previously undiscovered evidence that undermines confidence in the conviction or the death sentence. If necessary, the supreme court may remand the case to the trial court for an evidentiary hearing to consider the new evidence and its effect on the person's conviction and death sentence. The supreme court may not make a determination in the person's favor nor make a decision to remand the case to the trial court for an evidentiary hearing without

first providing the attorney general with an opportunity to be heard on the matter.
    (l) Before a sentence may be imposed under this section, the jury, in a proceeding under subsection (e), or the court, in a proceeding under subsection (g), must find that:
        (1) the state has proved beyond a reasonable doubt that at least one (1) of the aggravating circumstances listed in subsection (b) exists; and
        (2) any mitigating circumstances that exist are outweighed by the aggravating circumstance or circumstances.

SOURCE: IC 35-50-6-3.3; (13)EH1053.1.47. -->     SECTION 47. IC 35-50-6-3.3, AS AMENDED BY P.L.147-2012, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3.3. (a) In addition to any credit time a person earns under subsection (b) or section 3 of this chapter, a person earns credit time if the person:
        (1) is in credit Class I;
        (2) has demonstrated a pattern consistent with rehabilitation; and
        (3) successfully completes requirements to obtain one (1) of the following:
            (A) A general educational development (GED) diploma under IC 20-20-6 (before its repeal) or IC 22-4.1-18, if the person has not previously obtained a high school diploma.
            (B) Except as provided in subsection (n), a high school diploma, if the person has not previously obtained a general educational development (GED) diploma.
            (C) An associate's degree from an approved postsecondary educational institution (as defined under IC 21-7-13-6(a)).
            (D) A bachelor's degree from an approved postsecondary educational institution (as defined under IC 21-7-13-6(a)).
    (b) In addition to any credit time that a person earns under subsection (a) or section 3 of this chapter, a person may earn credit time if, while confined by the department of correction, the person:
        (1) is in credit Class I;
        (2) demonstrates a pattern consistent with rehabilitation; and
        (3) successfully completes requirements to obtain at least one (1) of the following:
            (A) A certificate of completion of a career and technical education program approved by the department of correction.
            (B) A certificate of completion of a substance abuse program approved by the department of correction.
            (C) A certificate of completion of a literacy and basic life skills program approved by the department of correction.

            (D) A certificate of completion of a reformative program approved by the department of correction.
    (c) The department of correction shall establish admissions criteria and other requirements for programs available for earning credit time under subsection (b). A person may not earn credit time under both subsections (a) and (b) for the same program of study.
    (d) The amount of credit time a person may earn under this section is the following:
        (1) Six (6) months for completion of a state of Indiana general educational development (GED) diploma under IC 20-20-6 (before its repeal) or IC 22-4.1-18.
        (2) One (1) year for graduation from high school.
        (3) One (1) year for completion of an associate's degree.
        (4) Two (2) years for completion of a bachelor's degree.
        (5) Not more than a total of six (6) months of credit, as determined by the department of correction, for the completion of one (1) or more career and technical education programs approved by the department of correction.
        (6) Not more than a total of six (6) months of credit, as determined by the department of correction, for the completion of one (1) or more substance abuse programs approved by the department of correction.
        (7) Not more than a total of six (6) months credit, as determined by the department of correction, for the completion of one (1) or more literacy and basic life skills programs approved by the department of correction.
        (8) Not more than a total of six (6) months credit time, as determined by the department of correction, for completion of one (1) or more reformative programs approved by the department of correction. However, a person who is serving a sentence for an offense listed under IC 11-8-8-4.5 may not earn credit time under this subdivision.
However, a person who does not have a substance abuse problem that qualifies the person to earn credit in a substance abuse program may earn not more than a total of twelve (12) months of credit, as determined by the department of correction, for the completion of one (1) or more career and technical education programs approved by the department of correction. If a person earns more than six (6) months of credit for the completion of one (1) or more career and technical education programs, the person is ineligible to earn credit for the completion of one (1) or more substance abuse programs.
    (e) Credit time earned by a person under this section is subtracted

from the release date that would otherwise apply to the person after subtracting all other credit time earned by the person.
    (f) A person does not earn credit time under subsection (a) unless the person completes at least a portion of the degree requirements after June 30, 1993.
    (g) A person does not earn credit time under subsection (b) unless the person completes at least a portion of the program requirements after June 30, 1999.
    (h) Credit time earned by a person under subsection (a) for a diploma or degree completed before July 1, 1999, shall be subtracted from:
        (1) the release date that would otherwise apply to the person after subtracting all other credit time earned by the person, if the person has not been convicted of an offense described in subdivision (2); or
        (2) the period of imprisonment imposed on the person by the sentencing court, if the person has been convicted of one (1) of the following crimes:
            (A) Rape (IC 35-42-4-1).
            (B) Criminal deviate conduct (IC 35-42-4-2) (repealed).
            (C) Child molesting (IC 35-42-4-3).
            (D) Child exploitation (IC 35-42-4-4(b)).
            (E) Vicarious sexual gratification (IC 35-42-4-5).
            (F) Child solicitation (IC 35-42-4-6).
            (G) Child seduction (IC 35-42-4-7).
            (H) Sexual misconduct with a minor as a Class A felony, Class B felony, or Class C felony (IC 35-42-4-9).
            (I) Incest (IC 35-46-1-3).
            (J) Sexual battery (IC 35-42-4-8).
            (K) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, unless the court finds that the offense was not committed for a sexual purpose.
            (L) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, unless the court finds that the offense was not committed for a sexual purpose.
            (M) An attempt or a conspiracy to commit a crime listed in clauses (A) through (L).
    (i) The maximum amount of credit time a person may earn under this section is the lesser of:
        (1) four (4) years; or
        (2) one-third (1/3) of the person's total applicable credit time.
    (j) Credit time earned under this section by an offender serving a

sentence for a felony against a person under IC 35-42 or for a crime listed in IC 11-8-8-5 shall be reduced to the extent that application of the credit time would otherwise result in:
        (1) postconviction release (as defined in IC 35-40-4-6); or
        (2) assignment of the person to a community transition program;
in less than forty-five (45) days after the person earns the credit time.
    (k) A person may earn credit time for multiple degrees at the same education level under subsection (d) only in accordance with guidelines approved by the department of correction. The department of correction may approve guidelines for proper sequence of education degrees under subsection (d).
    (l) A person may not earn credit time:
        (1) for a general educational development (GED) diploma if the person has previously earned a high school diploma; or
        (2) for a high school diploma if the person has previously earned a general educational development (GED) diploma.
    (m) A person may not earn credit time under this section if the person:
        (1) commits an offense listed in IC 11-8-8-4.5 while the person is required to register as a sex or violent offender under IC 11-8-8-7; and
        (2) is committed to the department of correction after being convicted of the offense listed in IC 11-8-8-4.5.
    (n) For a person to earn credit time under subsection (a)(3)(B) for successfully completing the requirements for a high school diploma through correspondence courses, each correspondence course must be approved by the department before the person begins the correspondence course. The department may approve a correspondence course only if the entity administering the course is recognized and accredited by the department of education in the state where the entity is located.

SOURCE: IC 36-2-13-5.5; (13)EH1053.1.48. --> SECTION 48. IC 36-2-13-5.5, AS AMENDED BY P.L.216-2007, SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5.5. (a) The sheriffs shall jointly establish and maintain an Indiana sex and violent offender registry web site, known as the Indiana sex and violent offender registry, to inform the general public about the identity, location, and appearance of every sex or violent offender ~~residing~~ ~~within~~ ~~Indiana.~~ who is required to register under IC 11-8-8-7. The web site must provide information regarding each sex or violent offender, organized by county of residence. The web site shall be updated at least daily.
(b) The public portal of the Indiana sex and violent offender

registry Internet web site must include the following information for every sex or violent offender who is required to register under IC 11-8-8-7:
        ~~(1)~~ A ~~recent~~ ~~photograph~~ of ~~every~~ ~~sex~~ or ~~violent~~ ~~offender~~ ~~who~~ ~~has~~ ~~registered~~ ~~with~~ a ~~sheriff~~ ~~after~~ ~~the~~ ~~effective~~ ~~date~~ of ~~this~~ ~~chapter.~~
        ~~(2)~~ ~~The~~ ~~home~~ ~~address~~ of ~~every~~ ~~sex~~ or ~~violent~~ ~~offender.~~
        ~~(3)~~ ~~The~~ ~~information~~ ~~required~~ ~~under~~ IC ~~11-8-8-8.~~
         (1) The sex or violent offender's full name, alias, any name by which the sex or violent offender was previously known, sex, race, height, weight, hair color, eye color, any scars, marks, or tattoos, principal residence address, and any other address where the sex or violent offender spends more than seven (7) nights in a fourteen (14) day period.
        (2) A description of the offense for which the sex or violent offender was convicted, the date of conviction, the county of the conviction, the state of the conviction, the cause number of the conviction, and the sentence imposed.
        (3) If the person is required to register under IC 11-8-8-7(a)(2) or IC 11-8-8-7(a)(3), the address of each of the sex or violent offender's employers in Indiana, the address of each campus or location where the sex or violent offender is enrolled in school in Indiana, and the address where the sex or violent offender stays or intends to stay while in Indiana.
        (4) A recent photograph of the sex or violent offender.
        (5) If the sex or violent offender is a sexually violent predator, that the sex or violent offender is a sexually violent predator.
    (c) The local law enforcement authority (as defined in IC 11-8-8-2) shall:
        ~~Every~~ ~~time~~ a ~~sex~~ or ~~violent~~ ~~offender~~ ~~registers,~~ ~~but~~ at ~~least~~ ~~once~~ ~~per~~ ~~year,~~ ~~the~~ ~~sheriff~~ ~~shall:~~
        (1) photograph the sex or violent offender in accordance with IC 11-8-8-14; and
        (2) determine whether the sex or violent offender's fingerprints are on file:
            (A) in Indiana; or
            (B) with the Federal Bureau of Investigation.
If it appears that the sex or violent offender's fingerprints are not on file as described in subdivision (2), the ~~sheriff~~ local law enforcement authority shall fingerprint the sex or violent offender and transmit a copy of the fingerprints to the state police department. The ~~sheriff~~ local law enforcement authority shall place the photograph described in subdivision (1) on the public portal of the Indiana sex and violent

offender registry Internet web site.
    (d) The photograph of a sex or violent offender described in subsection (c) must meet the following requirements:
        (1) The photograph must be full face, front view, with a plain white or off-white background.
        (2) The image of the offender's face, measured from the bottom of the chin to the top of the head, must fill at least seventy-five percent (75%) of the photograph.
        (3) The photograph must be in color.
        (4) The photograph must show the offender dressed in normal street attire, without a hat or headgear that obscures the hair or hairline.
        (5) If the offender normally and consistently wears prescription glasses, a hearing device, wig, or a similar article, the photograph must show the offender wearing those items. A photograph may not include dark glasses or nonprescription glasses with tinted lenses unless the offender can provide a medical certificate demonstrating that tinted lenses are required for medical reasons.
        (6) The photograph must have sufficient resolution to permit the offender to be easily identified by a person accessing the Indiana sex and violent offender registry web site.
    (e) The Indiana sex and violent offender registry web site may be funded from:
        (1) the jail commissary fund (IC 36-8-10-21);
        (2) a grant from the criminal justice institute; and
        (3) any other source, subject to the approval of the county fiscal body.