H.E.A. 1406, P.L. 252
Effective: July 1, 2017
- Provides that a person who knowingly or intentionally manufactures or finances the manufacture of methamphetamine commits manufacturing methamphetamine, a Level 4 felony. Specifies circumstances under which the crime is a Level 3 or Level 2 felony.
- Provides that the crime of strangulation includes application of pressure to a victim’s torso, and increases the penalty to a Level 5 felony if it is knowingly committed against a pregnant woman.
- Provides that a person commits controlled substances criminal mischief if the person damages property while manufacturing or dealing in a controlled substance. (Under current law, the statute applies only tocertain controlled substances.)
- Creates an enhancement to obstruction of justice if a person interferes with a witness during the investigation or pendency of a domestic violence or child abuse case.
- Increases the penalty for receiving stolen auto parts if the person has a prior conviction for this offense or for auto theft.
- Defines “drug related felony”, and requires the Division of State Court Administration to report certain drug related felonies to the National Precursor Log Exchange (NPLEx) so that NPLEx can generate a stop sale alert to prevent individuals with drug related felonies from purchasing ephedrine or pseudoephedrine.
- Provides that the offense of possession of a precursor by a methamphetamine offender (which prohibits the possession of pseudoephedrine or ephedrine without a prescription by persons convicted of certain offenses) applies to a person who has been convicted of a drug related felony.
- Makes cemetery mischief: (1) a Class A misdemeanor if the pecuniary loss is less than $750; (2) a Level 6 felony if the pecuniary loss is at least $750 but less than $50,000; and (3) a Level 5 felony if the pecuniary loss is at least $50,000.
- Increases the penalty for contributing to the delinquency of a minor: (1) to a felony of the same level as the delinquent act committed by the child, if the child commits an act that would be a felony if committed by an adult; and (2) to a felony one level higher than the level that the delinquent act would be if committed by an adult, with the exception of murder or a Level 1 felony, if the person who commits the offense is at least 21 years of age, the child is less than 16 years of age, and the child commits a delinquent act that would be a misdemeanor or felony if committed by an adult.
- Establishes sentence enhancements applicable if a certain quantity of heroin is sold within a 90-day period.
- Makes dealing in heroin as a Level 2 or Level 3 felony nonsuspendible if the person has a prior felony conviction.
The full law is available at: https://iga.in.gov/legislative/2017/bills/house/1406