S.E.A. 551, P.L. 40
Effective: July 1, 2019; §§2 & 15 effective April 18, 2019
- Provides that a new registration period may be imposed if a sex or violent offender fails to register or improperly registers as a sex or violent offender.
- Prohibits records held by the department of child services to be disclosed to any person who requests the record if it related to an ongoing police investigation or criminal prosecution. [§2]
- Provides that a parent, a guardian, or another representative may file a petition for an order for protection on behalf of a child against a person who engages in sexual grooming activity.
- Amends the definition of “crime of domestic violence”.
- Provides that adult victims of sex crimes and child victims of violent crimes shall be identified by means other than names or initials (such as “Victim 1”) in public court documents.
- Provides that if a child less than 16 years of age is summoned to testify as a witness to any hearing in any criminal matter, the child shall be allowed to have a comfort item or comfort animal while testifying.
- Expands the list of offenses that may be prosecuted before a victim reaches 31 years of age to include all offenses of child molesting, vicarious sexual gratification, child solicitation, child seduction, sexual misconduct with a minor, and incest.
- Provides that a person commits the offense of domestic battery, as a Level 6 felony, if the person has a prior unrelated conviction for strangulation.
- Provides that a person commits the offense of strangulation, as a Level 5 felony, if the person has a prior unrelated conviction for strangulation.
- Provides that a person commits the offense of kidnapping, as a Level 4 felony, if it results in moderate bodily injury to a person other than the removing person.
- Provides that a person commits the offense of criminal confinement, as a Level 4 felony, if it results in moderate bodily injury to a person other than the confining person.
- Amends certain age requirements and adds enhanced offenses to the offense of child seduction.
- Provides that a person at least 18 years of age who knowingly or intentionally: (1) performs or submits to sexual intercourse or other sexual conduct with a child less than 16 years of age; or (2) performs or submits to any fondling or touching with a child less than 16 years of age with the intent to arouse or to satisfy the sexual desires of either the child or the older person; commits sexual misconduct with a minor.
- Prohibits a person who has a Class D felony conviction or a Level 6 felony conviction for domestic battery within the previous 15 years from petitioning the court to reduce the felony conviction to a Class A misdemeanor.
- Urges the legislative council to assign to an interim study committee the issue of depositions of child victims of sex offenses. [§15]
Read the bill at: http://iga.in.gov/legislative/2019/bills/senate/551