The House Courts and Criminal Code Committee heard SB 290, sponsored by Rep. Steuerwald, on criminal law matters. Author R. Michael Young introduced the bill that provides that a person may be convicted of possession with intent to manufacture or deliver a controlled substance without additional evidence of intent to manufacture or deliver if the person possesses more than a specified quantity of the controlled substance. It also specifies that the fact that an individual has attended a syringe exchange program may not form any part of a probable cause or reasonable suspicion determination. The bill additionally permits a person placed on home detention as a condition of pretrial release to earn one day of good time credit for every four days served on pretrial home detention.
The Indiana Public Defender Council testified in favor of the majority of the bill, but against conviction of someone for drug sales without proof of delivery. The Indiana Prosecuting Attorneys Council testified against the bill. The Indiana State Bar Association testified against the portion dealing with possession and drug dealing. The bill passed 9-2.
Read the bill at https://iga.in.gov/legislative/2016/bills/senate/290