Criminal Code Overhaul

[Chesh97]

Looks like starting July 1, 2014 (NEXT YEAR)

The complete criminal code is being overhauled. The Class structures for Felony charges A-D are out, and now there will be LEVELS 1-6

Wasn't aware of this until I had to look up an IC code tonight, and I saw Level 6 Felony, and I was like WTF it this??

Enrolled Act, House Bill 1006

 

[HeadlessRoland]

WTF? Change makes me uneasy because only rarely is it ever good.

Kirk or someone from that crowd mind enlightening we lay folk?

 

[Kirk Freeman]

Depends on your perspective but it is a mixed bag.

Effective 1 July 2014, maybe, if the General Assembly does not mess with it next session (highly probable).

 

[Chesh97]

Depends on your perspective but it is a mixed bag.

Effective 1 July 2014, maybe, if the General Assembly does not mess with it next session (highly probable).

It appears they already enrolled the act. This upcoming session, they will tweak the penalties attached to each level??

Sounds like it is going to be a huge pain in the ass to me.

 

[Kirk Freeman]

It appears they already enrolled the act. This upcoming session, they will tweak the penalties attached to each level??

Yes, it was signed by Gov. Pence. The effective date is July 1, 2014. However, this is written in clay, not stone, especially since the General Assembly meets before July 1, 2014.

At the IPDC Annual Conference in Indianapolis it was made quite clear that prominent members of the General Assembly desire to make changes to Recodification in 1066.

 

[Mark 1911]

Please translate for the laymen. Any real changes, i.e. things that used to be misdemeanors are now felonies, or say some change that might impact law-abiding types?

 

[Kirk Freeman]

There is a mountain of stuff to go over. How much detail do you want? I'll do it after my run.

 

[Mark 1911]

There is a mountain of stuff to go over. How much detail do you want? I'll do it after my run.

As much as you care to. Really, just wondering if there is any real practical impact to everyday folks who never have criminal arrests. Any concern for folks who have some old misdemeanor from 30 years ago in their skeleton closet?

 

[Kirk Freeman]

I. New sentencing regime replacing Murder, A, B, C, D felonies:

Murder, 45-65 years, advisory 55
Level 1, 20-50 years, advisory 30
Level 2, 10-30 years, advisory 17.5
Level 3, 3-20 years, advisory 6
Level 4, 2-12 years, advisory 4
Level 5, 1-6 years, advisory 2
Level 6, 6months-2.5 years, advisory 1

II. Changes in Crimes to Persons

Rape, minimum comes down 3 years, if deadly weapon same

Child Solicit, makes all forms same level

Child Seduce: increase penalty if sex

Sex Battery: increase penalty if deadly weapon or deadly force

Sex Misconduct (both intercourse and fondle) levels out penalties

Robbery & Carjacking: eliminates crime of Carjacking, all Robbery now

III. Changes in Crimes to Property

Arson: permit separate counts for multiple victims (current case law not allow)

Computer Tampering: difference between "mischief hacker" and malicious hackers

Burglary: eliminate intent must be formed before

Theft: current Indiana law has no minimum (although juries will not convict on very low amounts), this sets $750 or more for felony.

Counterfeiting/Forgery: coming down to Level 6 instead of C felony

Welfare fraud: treat akin to Theft, unless Bank Fraud then raise a level

IV. Drugs, good grief, it's all about the drugs:

Cocaine: more graduated possession scheme (currently sharp break when 3 grams or more)

Marijuana: General Assembly zig zagged (), no real change but more like graduated scheme depending on amount

Drug Zones: limited back from 1,000 to 500 feet.

V. Habitual Offender

Changes to qualifying priors (higher levels needed to qualify and time limits)

Clarifies role of jury in HO

Habitual cannot be suspended!!!

VI. Credit time

Now A, B, C credit levels

A-day for day
B-one day for 6
C-no credit time

Limits on program time (drug counseling, vocational, educational)

VII. Sentencing and Modification

More offenses are suspendible if prior felony

Repeal of minimum mandatory in a bunch of offenses (everything in 35-50-2-2)

Repeal of "veto" of Prosecuting Attorney if you move to modify after 365 day of sentencing date.

Hope this helps my fellow INGOers. There is a bunch of stuff in 1482 as well (expungement) but this is the highlights of the criminal code reform.

 

[BehindBlueI's]

Please translate for the laymen. Any real changes, i.e. things that used to be misdemeanors are now felonies, or say some change that might impact law-abiding types?

Nothing I've seen yet. The stated purpose was to have more "truth in sentencing". Currently you can get sentenced to 10 years and be out in 3. With the new guidelines, the sentences handed out won't be as high, but you'll have to serve more of it.

It looks like some crimes how have lower penalties. Possession of small amounts of marijuana is currently an "A" misdemeanor the first time, a "D" felony on subsequent convictions. The '14 law will make it a "B" misdemeanor the first time and an "A" misdemeanor on subsequent convictions. As long as its under 30 grams it never becomes a felony under the new law. Carjacking is no longer a separate law, and if its a strong arm carjacking the penalty will be substantially reduced.

I've yet to run across something that's now a higher penalty, but like Kirk I haven't given it an exhaustive run through.

 

[Mark 1911]

Thanks Kirk, BehindBlueI's. There are times when I'm glad that IANL!! Sounds like the new law impacts mainly bad guys, and what you guys need to know to do your job.