HB 1223

                                                            Introduced Version
           HOUSE BILL No. 1223
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 11-8-8-5; IC 35-33-8-3.4; IC 35-38-1-7.1.
Synopsis: Crimes against law enforcement. Makes a person who
commits an offense that results in serious bodily injury or death to a
law enforcement officer a sex or violent offender. Prohibits a court
from considering time spent by the defendant in pretrial detention or
home detention or on work release when determining the sentence for
a crime that resulted in serious bodily injury or death to a law
enforcement officer. Makes it a sentencing aggravator if an offense
results in serious bodily injury or death to a law enforcement officer.
Provides that a person charged with an offense that resulted in serious
bodily injury or death to a law enforcement officer may only be
released on cash bail.
Effective: July 1, 2026.
           Lopez, Garcia Wilburn
   January 5, 2026, read first time and referred to Committee on Courts and Criminal Code.
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                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1223
    A BILL FOR AN ACT to amend the Indiana Code concerning
 criminal law and procedure.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 11-8-8-5, AS AMENDED BY P.L.218-2025,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 5. (a) Except as provided in section 22 of this
4 chapter, as used in this chapter, "sex or violent offender" means a
5 person convicted of any of the following offenses:
6      (1) Rape (IC 35-42-4-1).
7      (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
8      (3) Child molesting (IC 35-42-4-3).
9      (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
10      (5) Vicarious sexual gratification (including performing sexual
11      conduct in the presence of a minor) (IC 35-42-4-5).
12      (6) Child solicitation (IC 35-42-4-6).
13      (7) Child seduction (IC 35-42-4-7).
14      (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
15      Class B, or Class C felony (for a crime committed before July 1,
16      2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
17      crime committed after June 30, 2014), unless:
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1(A) the person is convicted of sexual misconduct with a minor
2as a Class C felony (for a crime committed before July 1,
32014) or a Level 5 felony (for a crime committed after June
430, 2014);
5(B) the person is not more than:
6(i) four (4) years older than the victim if the offense was
7committed after June 30, 2007; or
8(ii) five (5) years older than the victim if the offense was
9committed before July 1, 2007; and
10(C) the sentencing court finds that the person should not be
11required to register as a sex offender.
12     (9) Incest (IC 35-46-1-3).
13     (10) Sexual battery (IC 35-42-4-8).
14     (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
15     (18) years of age, and the person who kidnapped the victim is not
16     the victim's parent or guardian.
17     (12) Criminal confinement (IC 35-42-3-3), if the victim is less
18     than eighteen (18) years of age, and the person who confined or
19     removed the victim is not the victim's parent or guardian.
20     (13) Possession of child sex abuse material (IC 35-42-4-4(d) or
21     IC 35-42-4-4(e)).
22     (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
23     (for a crime committed before July 1, 2014) or a Level 4 felony
24     (for a crime committed after June 30, 2014).
25     (15) Promotion of human sexual trafficking under
26     IC 35-42-3.5-1.1.
27     (16) Promotion of child sexual trafficking under
28     IC 35-42-3.5-1.2(a).
29     (17) Promotion of sexual trafficking of a younger child (IC
30     35-42-3.5-1.2(c)).
31     (18) Child sexual trafficking (IC 35-42-3.5-1.3).
32     (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
33     less than eighteen (18) years of age.
34     (20) Murder (IC 35-42-1-1).
35     (21) Voluntary manslaughter (IC 35-42-1-3).
36     (22) Sexual misconduct by a service provider with a detained or
37     supervised child (IC 35-44.1-3-10(c)).
38     (23) An offense that resulted in serious bodily injury or death
39     to a law enforcement officer acting within the scope of the
40     officer's employment.
41   (b) The term includes:
42     (1) a person who is required to register as a sex or violent
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1offender in any jurisdiction; and
2(2) a child who has committed a delinquent act, or a person
3prosecuted under IC 31-30-1-4(d) for an offense described in
4subsection (a) committed when the person was less than eighteen
5(18) years of age, but who was at least twenty-one (21) years of
6age when the charge was filed, and who:
7(A) is at least fourteen (14) years of age;
8(B) is on probation, is on parole, is discharged from a facility
9by the department of correction, is discharged from a secure
10private facility (as defined in IC 31-9-2-115), or is discharged
11from a juvenile detention facility as a result of an adjudication
12as a delinquent child for an act that would be an offense
13described in subsection (a) if committed by an adult; and
14(C) is found by a court by clear and convincing evidence to be
15likely to repeat an act that would be an offense described in
16subsection (a) if committed by an adult.
17    (c) In making a determination under subsection (b)(2)(C), the court
18 shall consider expert testimony concerning whether a child is likely to
19 repeat an act that would be an offense described in subsection (a) if
20 committed by an adult.
21    (d) A person ordered to register under subsection (b)(2) may
22 petition the court to reconsider the order at any time after completing
23 court ordered sex offender treatment. The court shall consider expert
24 testimony concerning whether a child or person is likely to repeat an
25 offense described in subsection (a) or an act that would be an offense
26 described in subsection (a) if committed by an adult.
27    SECTION 2. IC 35-33-8-3.4, AS ADDED BY P.L.197-2025,
28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2026]: Sec. 3.4. (a) This section applies only to a violent
30 arrestee. or a repeat violent arrestee.
31    (b) The following definitions apply throughout this section:
32(1) "Crime of violence" means an offense:
33(A) described in IC 35-50-1-2(a); and
34(B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
35felony.
36(2) "Repeat violent arrestee" means a person arrested for or
37charged with a crime of violence who has a prior conviction for
38a crime of violence.
39(3) "Violent arrestee" means a person arrested for or charged with
40a crime of violence.
41    (c) A violent arrestee or a repeat violent arrestee may only be
42 released on bail set individually by the court following a hearing held
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1 in open court. Before releasing a violent arrestee or a repeat violent
2 arrestee on bail the court must:
3      (1) review the probable cause affidavit or arrest warrant; and
4      (2) impose money bail payable by surety bond or cash deposit.
5 However, if the violent arrestee is charged with an offense that
6 resulted in serious bodily injury or death to a law enforcement
7 officer, the court may only impose money bail payable by cash
8 deposit.
9    (d) In accordance with IC 27-10-2-4.5(g)(2), a charitable bail
10 organization may not pay money bail imposed under this section on
11 behalf of a violent arrestee. or a repeat violent arrestee.
12    SECTION 3. IC 35-38-1-7.1, AS AMENDED BY P.L.218-2025,
13 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2026]: Sec. 7.1. (a) In determining what sentence to impose
15 for a crime, the court may consider the following aggravating
16 circumstances:
17      (1) The harm, injury, loss, or damage suffered by the victim of an
18      offense was:
19(A) significant; and
20(B) greater than the elements necessary to prove the
21commission of the offense.
22      (2) The person has a history of criminal or delinquent behavior.
23      (3) The victim of the offense was less than twelve (12) years of
24      age or at least sixty-five (65) years of age at the time the person
25      committed the offense.
26      (4) The person:
27(A) committed a crime of violence (IC 35-50-1-2); and
28(B) knowingly committed the offense in the presence or within
29hearing of an individual who:
30(i) was less than eighteen (18) years of age at the time the
31person committed the offense; and
32(ii) is not the victim of the offense.
33      (5) The person violated a protective order issued against the
34      person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
35      IC 34-4-5.1 before their repeal), a workplace violence restraining
36      order issued against the person under IC 34-26-6, or a no contact
37      order issued against the person.
38      (6) The person has recently violated the conditions of any
39      probation, parole, pardon, community corrections placement, or
40      pretrial release granted to the person.
41      (7) The victim of the offense was:
42(A) a person with a disability (as defined in IC 27-7-6-12), and
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1the defendant knew or should have known that the victim was
2a person with a disability; or
3(B) mentally or physically infirm.
4      (8) The person was in a position having care, custody, or control
5      of the victim of the offense.
6      (9) The injury to or death of the victim of the offense was the
7      result of shaken baby syndrome (as defined in IC 16-41-40-2) or
8      abusive head trauma.
9      (10) The person threatened to harm the victim of the offense or a
10      witness if the victim or witness told anyone about the offense.
11      (11) The person:
12(A) committed trafficking with an inmate under
13IC 35-44.1-3-5; and
14(B) is an employee of the penal facility.
15      (12) The person committed the offense with bias due to the
16      victim's or the group's real or perceived characteristic, trait, belief,
17      practice, association, or other attribute the court chooses to
18      consider, including but not limited to an attribute described in
19      IC 10-13-3-1.
20      (13) The person is or has been an alien (as defined by 8 U.S.C.
21      1101(a)) unlawfully present in the United States. A determination
22      by the United States Department of Homeland Security that an
23      alien has come to, entered, or remained in the United States in
24      violation of law is evidence that the alien is or has been
25      unlawfully present in the United States.
26      (14) The offense involved dealing in a controlled substance under
27      IC 35-48-4 and the person distributed the controlled substance to
28      at least three (3) different individuals in a one hundred eighty
29      (180) day period.
30      (15) The offense resulted in serious bodily injury or death to
31      a law enforcement officer.
32    (b) The court may consider the following factors as mitigating
33 circumstances or as favoring suspending the sentence and imposing
34 probation:
35      (1) The crime neither caused nor threatened serious harm to
36      persons or property, or the person did not contemplate that it
37      would do so.
38      (2) The crime was the result of circumstances unlikely to recur.
39      (3) The victim of the crime induced or facilitated the offense.
40      (4) There are substantial grounds tending to excuse or justify the
41      crime, though failing to establish a defense.
42      (5) The person acted under strong provocation.
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1(6) The person has no history of delinquency or criminal activity,
2or the person has led a law-abiding life for a substantial period
3before commission of the crime.
4(7) The person is likely to respond affirmatively to probation or
5short term imprisonment.
6(8) The character and attitudes of the person indicate that the
7person is unlikely to commit another crime.
8(9) The person has made or will make restitution to the victim of
9the crime for the injury, damage, or loss sustained.
10(10) Imprisonment of the person will result in undue hardship to
11the person or the dependents of the person.
12(11) The person was convicted of a crime involving the use of
13force against a person who had repeatedly inflicted physical or
14sexual abuse upon the convicted person and evidence shows that
15the convicted person suffered from the effects of battery as a
16result of the past course of conduct of the individual who is the
17victim of the crime for which the person was convicted.
18(12) The person was convicted of a crime relating to a controlled
19substance and the person's arrest or prosecution was facilitated in
20part because the person:
21(A) requested emergency medical assistance; or
22(B) acted in concert with another person who requested
23emergency medical assistance;
24for an individual who reasonably appeared to be in need of
25medical assistance due to the use of alcohol or a controlled
26substance.
27(13) The person has posttraumatic stress disorder, traumatic brain
28injury, or a postconcussive brain injury.
29(14) The person is a person described in IC 31-30-1-4(d) who
30committed the offense while the person was a child but is now at
31least twenty-one (21) years of age.
32(15) The offense involved a controlled substance under
33IC 35-48-4 and the person:
34(A) sought treatment:
35(i) in the three hundred sixty-five (365) day period
36preceding the date of the commission of the offense; or
37(ii) on or after the date on which the person committed the
38offense, but before sentencing; and
39(B) successfully completed treatment:
40(i) in the three hundred sixty-five (365) day period
41preceding the date of the commission of the offense; or
42(ii) on or after the date on which the person committed the
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1offense, but before sentencing.
2    (c) The criteria listed in subsections (a) and (b) do not limit the
3 matters that the court may consider in determining the sentence.
4 However, in determining the sentence for a crime that resulted in
5 serious bodily injury or death to a law enforcement officer, the
6 court may not consider time spent by the defendant in pretrial
7 detention or home detention or on work release.
8    (d) A court may impose any sentence that is:
9      (1) authorized by statute; and
10      (2) permissible under the Constitution of the State of Indiana;
11 regardless of the presence or absence of aggravating circumstances or
12 mitigating circumstances.
13    (e) If a court suspends a sentence and orders probation for a person
14 described in subsection (b)(13), the court may require the person to
15 receive treatment for the person's injuries.
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