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Legislative Update

sentencing

Treatment of out-of-state convictions in sentencing

January 12, 2018 Filed Under: Criminal

The Courts and Criminal Code Committee heard HB 1033 authored by Rep. Washburne on treatment of out-of-state convictions in sentencing. The bill provides that, for purposes of the law regarding death sentences and sentences for felonies and habitual offenders, a Level 6 felony conviction, in a jurisdiction other than Indiana, is one for which the offender might have been imprisoned … [Read more...] about Treatment of out-of-state convictions in sentencing

Home detention matters

January 12, 2018 Filed Under: Criminal

The Courts and Criminal Code Committee heard HB 1034 authored by Rep. Lehman on home detention matters. The bill eliminates the requirement that a period of home detention ordered as a condition of probation must be at least 60 days. Adds to the list of activities that a home detention offender may engage in outside the home any activity approved by the court. Requires an offender … [Read more...] about Home detention matters

Plea agreements and sentencing

May 19, 2017 Filed Under: Criminal

S.E.A. 120, P.L. 50 Effective: April 13, 2017 Removes a provision excluding a plea agreement, a presentence report, and hearings on a plea agreement from the official record of a case unless the plea agreement is accepted by the court. Removes a provision requiring that a trial court advise a convicted defendant of the earliest release date and the maximum possible release date at … [Read more...] about Plea agreements and sentencing

Value of property

May 19, 2017 Filed Under: Criminal

S.E.A. 190, P.L. 166 Effective: July 1, 2017 Provides that, with respect to an offense with a penalty that may be enhanced due to the value of the property involved in the offense: (1) if the offense is committed within a 30-day period all offenses may be charged in a single count; and (2) if the offenses are charged in a single count, the value of the property involved in the … [Read more...] about Value of property

Child neglect defense

May 19, 2017 Filed Under: Criminal

S.E.A. 246, P.L. 263 Effective: July 1, 2017 Specifies under the safe haven law that it is a defense to a claim of neglect of a dependent if the individual left the child: (1) with a person who is an emergency medical services provider; or (2) in a newborn safety device that meets the specified requirements. Allows a newborn safety device that was installed on January 1, 2017, to … [Read more...] about Child neglect defense

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