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Legislative Update

Criminal

Accessing child pornography

March 24, 2017 Filed Under: Criminal

The Senate Corrections and Criminal Law Committee heard HB 1091, sponsored by Sen. Tomes, on accessing child pornography. The bill makes it a Level 6 felony to access with intent to view a photograph or other pictorial representation that depicts or describes sexual conduct by a child who the person knows is less than 18 years of age or who appears to be less than 18 years of age … [Read more...] about Accessing child pornography

DNA samples of felony arrestees

March 24, 2017 Filed Under: Criminal

The Senate Judiciary Committee heard HB 1577, sponsored by Sen. Houchin, Sen. Zakas and Sen. Merritt, on DNA samples of felony arrestees.  The bill requires every person arrested for a felony after June 30, 2017, to submit a DNA sample, and specifies that the sample may be obtained only by buccal swab. The bill provides that a DNA sample may be obtained from a person arrested … [Read more...] about DNA samples of felony arrestees

Certifications concerning breath tests

March 17, 2017 Filed Under: Criminal, Traffic

The House Courts and Criminal Code Committee heard SB 37, sponsored by Rep. Steuerwald and Rep. Ober, on certifications concerning breath tests. The bill authorizes the Department of Toxicology to use its website to publish its certifications of breath test operators, equipment, and chemicals and its approved techniques, and would allow the Internet certifications to be admitted as … [Read more...] about Certifications concerning breath tests

Patronizing a prostitute

March 17, 2017 Filed Under: Criminal

The House Courts and Criminal Code Committee heard SB 100, sponsored by Rep. Mayfield, on patronizing a prostitute.  The bill renames the crime of patronizing a prostitute to making an unlawful proposition. A prosecutor explained that victims can be offended by the present crime definition characterizing them as a prostitute. The bill passed 9-0. Read the bill at:  h … [Read more...] about Patronizing a prostitute

Plea agreements and sentencing

March 17, 2017 Filed Under: Criminal

The House Courts and Criminal Code Committee heard SB 120, sponsored by Rep. Steuerwald, on plea agreements and sentencing. The bill repeals Ind. Code § 35-35-3-3(b)’s provision that a felony plea agreement, the presentence investigation for it, and the hearing are not part of “’the official record of the case” unless the court approves the agreement. It also repeals Ind. Code § 35-3 … [Read more...] about Plea agreements and sentencing

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