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Legislative Update

Criminal

Manufacturing methamphetamine

February 3, 2017 Filed Under: Criminal

The House Committee on Courts and Criminal Code heard Rep. Washburne’s HB 1406 on manufacturing methamphetamine.  Rep. Washburne explained that the bill establishes manufacturing methamphetamine as an offense separate from delivering methamphetamine and increases the felony Level for manufacturing from Level 5 to Level 4. The bill makes related technical changes in the statutes on re … [Read more...] about Manufacturing methamphetamine

Plea agreements and sentencing [Updated with clarification]

January 27, 2017 Filed Under: Criminal

The Senate Judiciary Committee heard Sen. Koch’s SB 120 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. Clarification: This bill does not affect Ind. Code 35-38-1-13; pr … [Read more...] about Plea agreements and sentencing [Updated with clarification]

Expungement

January 27, 2017 Filed Under: Criminal

The Senate Corrections and Criminal Law Committee heard Sen. Young’s SB 169 on expungement. The bill prohibits a sex or violent offender from expunging a misdemeanor conviction, provides that arrest records may be expunged if a related conviction is expunged or if the person has completed a diversion program, and permits the expungement of civil forfeiture records if a related a … [Read more...] about Expungement

Catastrophic injury

January 27, 2017 Filed Under: Criminal

The Senate Corrections and Criminal Law Committee heard Sen. Young’s SB 229 on catastrophic injury. The bill defines "catastrophic injury", and permits a court to impose an additional fixed term of 5-10 years if a person commits certain offenses that cause the victim to suffer catastrophic injury. The bill prohibits imposing an additional fixed term if the same facts necessary to e … [Read more...] about Catastrophic injury

Victim notification

January 27, 2017 Filed Under: Criminal

The Senate Corrections and Criminal Law Committee heard Sen. Head’s SB 239 on victim notification. The bill provides that if the discharge or release date of an offender is changed during the 40-day notification period before an offender's planned discharge or release, the Department of Correction shall notify the victim as soon as possible, but not more than 48 hours after the c … [Read more...] about Victim notification

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