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Legislative Update

Criminal law matters

January 16, 2026 Filed Under: Criminal

The Senate Corrections and Criminal Law Committee heard SB 252 on criminal law matters authored by Sen. Freeman and Sen. Carrasco. The bill does the following:

  • Provides that a person who commits a criminal offense commits a separate offense for each victim of the offense.
  • Requires the department of correction to weekly transport sentenced offenders from the Marion County adult detention center to the appropriate correctional facility.
  • Removes a provision allowing an automatic change of judge when a judge rejects a plea agreement in a misdemeanor case.
  • Allows the state to appeal a sentence in a criminal case.
  • Makes sentences nonsuspendible for: (1) crimes of violence; and (2) persons charged with a felony who have a prior felony conviction.
  • Provides that an inmate may earn not more than six months of educational credit for participating in an individualized case management plan.
  • Increases the penalty for invasion of privacy if the crime is committed by a person against whom domestic battery charges are pending.
  • Provides that crimes committed against different victims during the same episode of criminal conduct do not count against the sentencing cap that applies to crimes committed as part of the same episode of criminal conduct.
  • Specifies that persons convicted of certain crimes may not participate in a community corrections program. Increases the penalty for: (1) reckless homicide; (2) involuntary manslaughter; and (3) reckless supervision; to a Level 4 felony. Establishes the public prosecution fund and a prosecuting attorney compensation fee of $40, which will be deposited in the public prosecution fund.
  • Provides that a county may be reimbursed for certain prosecutorial expenses from the fund, unless the prosecuting attorney in the county is a noncompliant prosecuting attorney.
  • Requires the Indiana prosecuting attorney’s council to set standards for reimbursement.

The Committee amended the bill by consent to create the new offense of malicious littering as a class A misdemeanor.

The Indiana Prosecuting Attorneys Council,  Anti-Defamation League, and  Indianapolis Jewish Community Relations Council testified in support of the bill. The Indiana Public Defender Council testified against the bill. The amended bill passed 6-3 and was recommitted to Appropriations.

Read the bill at: https://iga.in.gov/legislative/2026/bills/senate/252

Filed Under: Criminal Tagged With: misdemeanor, sentencing

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