Legislative Update

Criminal penalties

Filed Under: Criminal

The Senate Corrections and Criminal Law Committee heard SB 324 on criminal penalties authored by Sen. Freeman. The bill, as amended, does the following:

  • amends the definitions for
    • “crime of child abuse” in Ind. Code 5-2-22-1
    • “crime of violence” in Ind. Code 35-50-1-2 to include Level 1 felony battery
    • “violent offenses” in Ind. Code 11-12-3.7-6 to include Level 1 and Level 4 battery felonies ,
    • “serious violent felonies” in Ind. Code 35-47-4-5 to include Level 1 felony battery
  • adds Level 1 felony battery and Level 2 felony aggravated battery, and removes Level 3 felony aggravated battery in the list of convictions in which parental consent for adoption is not required in Ind. Code 31-19-9-10
  • add a new code section regarding bail (Ind. Code 35-33-8-3.4) providing that:
    • a court may not admit a violent defendant (a person arrested or charged with a crime of violence defined under Ind. Code 35-50-1-2(a)) to bail until the court has conducted a bail hearing in open court and the hearing shall be conducted within 48 hours of the person’s arrest unless exigent circumstances prevent the hearing from being held within 48 hours
    • the court must review the probable cause affidavit or arrest warrant
    • adds definitions of crime of violence, repeat violent arrestee, violent arrestee
    • a violent arrestee and a repeat violent arrestee may not be released pursuant to a bail schedule and if the court releases repeat violent arrestee, the court must impose a bail amount equal to or exceeds the minimum bail amount for the repeat violent arrestee’s most serious offense
    • adds a default bail schedule setting minimum bail amounts which applies when a court has not adopted a bail schedule
    • prohibits a third party from paying bail imposed on behalf of a repeat violent arrestee unless the third party is a close relative as defined in Ind. Code 33-23-11-2
  • amends the penalties for certain crimes in the following categories:
    • Ind. Code 35-42-2-1 regarding battery offenses
    • Ind. Code 35-42-2-1.5 regarding aggravated battery
    • Ind. Code 35-48-4-1 regarding dealing substance with fentanyl
    • Ind. Code 35-48-4-1.1 regarding dealing methamphetamine
    • Ind. Code 35-48-4-1.2 regarding manufacturing methamphetamine

The Indianapolis Fraternal Order of Police, Indiana State Fraternal Order of Police, the Indiana Prosecuting Attorney Council, and the Indiana State Police testified in support of the bill. The Indiana Public Defender Council testified in opposition to portions of the bill. The bill passed as amended, 8-1 with a recommitment to Appropriations.

Read the bill at https://iga.in.gov/legislative/2025/bills/senate/324