[Editor’s Note: This report is a condensed version of the legislation enacted in the 2016 session of the Indiana General Assembly and only contains highlights of selected bills.]
The entire text of any law, as well as any other legislative action, is available at: http://www.iga.in.gov.
CIVIL LAW
Foreclosure Mischief
SEA 183, P.L. 32 – 2016
Effective: July 1, 2016
Amends the definition of criminal trespass and creates foreclosure mischief, a Class B misdemeanor, with increased penalties dependent upon the damage. Establishes a defense for damage, removal, or defacement from good faith repair, renovation, replacement, or maintenance.
Appraisement, Sheriff’s Sales and Real Estate Brokers
SEA 300, P.L. 45 – 2016
Effective: July 1, 2016
Removes the requirement for appraisal of property sold at sheriff’s sale.
Notice of Tax Sales
SEA 355, P.L. 187 – 2016
Effective: Portions on Passage
(March 24, 2016) and July 1, 2016
Notices of tax sales may omit the descriptions of the properties under certain conditions. Regulates sales by an owner of property during the redemption period following a tax sale.
A governmental entity or the state owner of real property with unpaid property taxes, delinquencies, fees, special assessments, and penalties, may release the lien against the real property and cancel the assessments with respect to the governmental entity, the state, or a subsequent purchaser.
Registry of Convicted Child Abusers
SEA 357, P.L. 52 – 2016
Effective: July 1, 2016
Defines “crime of child abuse” and requires the Division of State Court Administration to establish an electronic child abuse registry and adopt rules for a procedure providing relief to a person erroneously included in the registry.
Firearms and Certification
HEA 1085, P.L. 66 – 2016
Effective: July 1, 2016
A chief law enforcement officer must issue a certification required under federal law to manufacture or transfer certain firearms unless the person is prohibited from receiving or possessing a firearm or is the subject of a proceeding that could result in being prohibited from receiving or possessing a firearm.
Requires a written explanation of the reasons for the denial and permits a court challenge to the denial with the burden of proof upon the official denying the certification.
The court can award reasonable attorney’s fees and other costs if the denial was without substantial basis. Provides civil immunity to a chief law enforcement officer for acts or omissions made in good faith.
Annexation
HEA 1298, P.L. 206 – 2016
Effective: Portions on July 1, 2015 and July 1, 2016
Modifies factual and procedural requirements concerning annexation of property by a municipality.
CLERKS
Clerk’s Record Perpetuation Fund
HEA 1036, P.L. 149 – 2016
Effective: Portions on July 1, 2015 and July 1, 2016
Establishes and defines funding sources for Clerk’s Record Perpetuation Fund.
CRIMINAL LAW
Child Exploitation and Child Pornography
SEA 14, P.L. 13 – 2016
Effective: Portions on Passage
(March 21, 2016) and July 1, 2016
Makes child exploitation a Level 4 felony and possession of child pornography a Level 5 felony under certain circumstances. Adds child exploitation to the definition of “crime of violence” with regard to concurrent or consecutive imprisonment.
Creates criminal law immunity for persons who aid an individual in need of medical assistance for an opioid related overdose. Amends the definition of “violent criminal” for sentencing purposes.
Defines the scope of an emergency incident area with regard to crimes involving firefighting and emergency services.
Criminal Gang Activity
SEA 141, P.L. 25 – 2016
Effective: July 1, 2016
Increases the penalty for assisting a criminal to a Level 6 felony if the person is a member of a criminal organization. Makes criminal organization activity a Level 6 felony and a Level 5 felony if the person commits an offense involving the unlawful use of a firearm.
Specifies additional evidence the trier-of-fact may consider in determining whether a person has committed specified offenses involving criminal organizations.
DOC Commitments and Motorboat OWI
SEA 142, P.L. 26 – 2016
Effective: July 1, 2016
Increases operating while intoxicated causing death to a Level 4 felony if the person has a previous conviction within 10 years for operating while intoxicated.
A person convicted of a Level 6 felony may be committed to the Department of Correction under specified circumstances.
Allows an enhanced penalty if the person has a previous conviction under a repealed version of the crime.
Criminal Law Matters
SEA 174, P.L. 31 – 2016
Effective: July 1, 2016
Establishes impersonation of a public servant as a Class A misdemeanor and the offense of dealing in a controlled substance by a practitioner and enhances the offense if the offenses cause the death of another person.
Criminal Law Matters
SEA 290, P.L. 44 – 2016
Effective: July 1, 2016
A person may be convicted of possession with intent to manufacture or deliver a controlled substance if the person possesses more than a specified quantity of the controlled substance.
Attendance at a syringe exchange program may not form any part of a probable cause or reasonable suspicion determination. Home detention as a condition of pretrial release earns one day of good time credit for every four days served on pretrial home detention.
Human and Sexual Trafficking
HEA 1028, P.L. 59 – 2016
Effective: July 1, 2016
Repeals prior provisions and creates the crimes of visiting and maintaining a common nuisance in connection with the unlawful use of alcohol, the unlawful use of a legend drug, the unlawful use of controlled substances, and certain human trafficking crimes.
Visiting a common nuisance where certain human trafficking crimes are being committed is a Class A misdemeanor and maintaining a common nuisance where certain human trafficking crimes are being committed is a Level 6 felony.
No Contact Orders and Battery
HEA 1069, P.L. 65 – 2016
Effective: July 1, 2016
A juvenile court may issue a no contact order for a member of a foster family home. Moves the sentencing enhancement for battery committed against a family or household member in the presence of a child to the domestic battery statute.
Specifies that numerous provisions in the battery statute constitute domestic battery if committed against a family or household member.
DNA Exception to Statute of Limitations for Rape
HEA 1105, P.L. 70 – 2016
Effective: July 1, 2016
Statute of limitations exceptions for rape apply to B felony rape committed before July 1, 2014. A prosecution for criminal deviate conduct, committed before its repeal, may be commenced not later than five years after the earliest date the state first discovers evidence sufficient to charge the offender with the offense through DNA analysis, a recording or a confession.
Creates a confidential victim information testimonial privilege for state educational institutions and approved postsecondary educational institutions student advocate office employees and volunteers who provide services to certain victims.
Stolen Valor
HEA 1187, P.L. 109 – 2016
Effective: July 1, 2016
Creates a Class A misdemeanor, for a person to knowingly or intentionally, with the intent to obtain money, property, or another benefit, to fraudulently represent themselves as an active member or veteran of the armed forces of the United States, use falsified military identification or fraudulently claim themselves a recipient of certain military honors.
Human Trafficking
HEA 1199, P.L. 75 – 2016
Effective: July 1, 2016
Adds promotion of human trafficking of a minor to the definitions of “sex offender” and “sex or violent offender”.
Methamphetamine Related Property Damage
HEA 1211, P.L. 76 – 2016
Effective: July 1, 2016
Removes manufacturing and the financing of manufacturing from the definition of “enhancing circumstance” for sentencing. Increases the penalty for manufacturing methamphetamine to a Level 2 felony if the manufacture results in a fire or explosion that causes serious bodily injury to another person. Defines “Pecuniary loss”.
Drug Offenses
HEA 1235, P.L. 10 – 2016
Effective: July 1, 2016
Level 2 controlled substance offenses are not suspendible if the offense involves methamphetamine or heroin and the person has a prior felony conviction for dealing in certain controlled substances.
FAMILY & JUVENILE LAW
Domestic Violence Fee
SEA 17, P.L. 15 – 2016
Effective: July 1, 2016
Strangulation requires payment of the child abuse prevention and the domestic violence prevention and treatment fees.
Children in Need of Services
SEA 26, P.L. 16 – 2016
Effective: July 1, 2016
A child is a CHINS if the child needs care, treatment or rehabilitation and lives in the same household as an adult who committed certain offenses or has been charged with certain offenses and is awaiting trial.
Release of Identifying Adoption Information
SEA 91, P.L. 3 – 2016
Effective: July 1, 2018
Effective July 1, 2018, provisions applicable to adoptions finalized before January 1, 1994, that prohibit the release of identifying adoption information unless a consent to release the information is on file are repealed.
Beginning July 1, 2018, identifying adoption information may be released unless a non-release form is filed regardless of when the adoption was filed. Replaces the non-release form with a contact preference form. A non-release form submitted before July 1, 2018, remains in effect unless it lapses.
Waiver to Adult Court
SEA 160, P.L. 28 – 2016
Effective: July 1, 2016
An adult court with jurisdiction over a minor charged with an automatic waiver offense may transfer jurisdiction to the juvenile court for adjudication and disposition if the minor is convicted of an offense, but not the offense requiring the waiver.
Allows an intake officer to impose conditions upon the release of a child taken into custody without a court order and requires a detention hearing within 48 hours.
Department of Child Services Matters
SEA 305, P.L. 46 – 2016
Effective: July 1, 2016
Adds additional offense to the list under which a child victim is designated a CHINS. Expands the statutory definition of “human trafficking” and “sex trafficking.
Adds a CHINS designation for a child who lives in the same household as an adult who committed or is charged with human or sexual trafficking and needs care, treatment, or rehabilitation that the child is not receiving or is unlikely to be provided without intervention. Creates a rebuttable presumption that a child is a CHINS.
Permits a finding that reasonable efforts for reunification are unnecessary for a CHINS resulting from being a victim of a human or sexual trafficking offense that was committed by a parent, guardian, or custodian and resulted in a conviction or as a result of the parent, guardian, or custodian being charged with a human or sexual trafficking offense.
Removes the requirement that a delinquent child must be removed from the home in order to enter an informal adjustment. Allows any court with jurisdiction over a child in an adoption matter to approve excess payments for costs incurred by the birth mother.
Terminating the Parent-Child Relationship
HEA 1064, P.L. 64 – 2016
Effective: July 1, 2016
A parent who is the victim of a rape from which a child was conceived may petition to terminate the parent-child relationship of the alleged perpetrator. Requires a court to terminate the parent-child relationship if it finds by clear and convincing evidence the alleged perpetrator committed the rape, the child was conceived as a result of the rape, and terminating the parent-child relationship would be in the best interests of the child.
Prohibits the filing of a petition more than 180 days after the child’s birth by a parent who was 18 years of age at the time of the rape or more than 2 years after the parent who was under 18 at the time of the rape became 18.
Requires a court to stay the termination proceedings upon notice from the Department of Child Services that the child is the subject of a pending CHINS.
JUDICIAL ADMINISTRATION
Marion Circuit Court Magistrate
SEA 27, P.L. 17 – 2016
Effective: Portions on June 30, 2016 and July 1, 2016
Allows the Marion Circuit Court to appoint one full-time magistrate.
Senior Judges and Judges Pro Tempore
SEA 81, P.L. 22 – 2016
Effective: July 1, 2016
Allows a senior judge or judge pro tempore to sit in other courts in the county with consent. A judge pro tempore may serve when the appointed or elected judge is present and available. Justices and judges may administer oaths anywhere in Indiana.
Methamphetamine Matters
SEA 161, P.L. 5 – 2016
Effective: Portions on Passage
(March 21, 2016) and July 1, 2016 and HEA 1157, P.L. 9 – 2016
Effective: Portions on Passage
(March 21, 2016) and July 1, 2016
Requires the Division of State Court Administration to report certain methamphetamine-related felonies to the National Precursor Log Exchange (NPLEX) so it can generate a stop sale alert preventing convicted individuals from purchasing ephedrine or pseudoephedrine.
Court Motion Clerk Pilot Program
HEA 1047, P.L. 62 – 2016
Effective: July 1, 2016
Authorizes the Indiana Judicial Center to establish and administer a Court Motion Clerk Pilot Program to provide assistance with preparing orders for complex motions.
Requires the Center to report to the Interim Study Committee on Courts and the Judiciary. Requires the Committee to receive reports concerning the pilot program, make recommendations, and propose legislation concerning the pilot program.
Trial Court Jurisdiction
HEA 1322, P.L. 84 – 2016
Effective: July 1, 2016
Circuit, superior, and probate courts have original and concurrent jurisdiction under certain provisions of the Indiana Code. Requires the Public Defender Commission to hire staff to support the Commission.
MOTOR VEHICLES & TRAFFIC
Traffic Enforcement on Private Property and Bail
SEA 216, P.L. 38 – 2016
Effective: July 1, 2016
Allows enforcement of moving traffic ordinances on a residential property complex if an ordinance permitting the enforcement of ordinances is adopted, the owner of the complex enters into an enforcement contract, and installs signs notifying residents and visitors of the enforcement of moving traffic ordinances.
Requires a law enforcement agency to issue e-tickets for moving violations in a residential complex if the agency already issues e-tickets for other traffic violations. Provides immunities to the owner that enters into an enforcement contract with a unit. Provides that the statute expires December 31, 2020.
Requires the Division of State Court Administration to submit reports to the legislative council relating to the enforcement of moving traffic ordinances on the property of residential complexes.
Motor Vehicle Accidents
HEA 1048, P.L. 63 – 2016
Effective: July 1, 2016
Makes it a Class C infraction if a motor vehicle involved in an accident comes to a stop in the traveled portion of a highway and the operator fails (with certain exceptions) to move the motor vehicle off the traveled portion of the highway in a manner that does not obstruct traffic more than necessary.
A person who knowingly or intentionally possesses a plate or label that contains an identification number not attached to the motor vehicle or motor vehicle part to which the plate or label was originally assigned by a manufacturer or governmental entity commits a Class A misdemeanor which increases to a Level 6 or 5 felony depending upon vehicle value. A person who damages, removes, or alters an original or a special identification number commits a Level 6 felony.
Increases the penalty for selling a motor vehicle with an altered identification number to a Level 6 or 5 felony depending upon vehicle value. Makes the penalty for counterfeiting a motor vehicle title a Class A misdemeanor, and increases the penalty to a Level 6 felony depending upon vehicle value. Defines the term “emergency incident”. Expands the definition of the term “emergency incident area.”
PROBATE LAW
Probate Matters
SEA 371, P.L. 190 – 2016
Effective: Portions on Passage
(March 24, 2016) and July 1, 2016
Transfers certain inheritance tax duties from the probate court to the department of state revenue for returns filed after March 31, 2016. A will contest must be initiated in the same case as the probate of the will. Specifies the priority of a personal representative and stepchildren with respect to the disposition of a decedent’s body and funeral arrangements.
A court must consider a standby guardian designation when appointing a guardian. For a guardianship appointment, a person designated a standby guardian is second in priority to a person designated in a durable power of attorney. Specifies how property passes in a transfer on death transfer if the beneficiary disclaims the property.
