SB 252

                                               *SB0252.1*
                                                               January 14, 2026
           SENATE BILL No. 252
                 _____
   DIGEST OF SB 252 (Updated January 13, 2026 11:54 am - DI 106)
Citations Affected: IC 1-1; IC 11-10; IC 31-30; IC 33-34; IC 33-37;
IC 33-39; IC 35-35; IC 35-38; IC 35-42; IC 35-45; IC 35-46; IC 35-50.
Synopsis: Criminal law matters. Provides that a person who commits
a criminal offense commits a separate offense for each victim of the
offense. Requires the department of correction to weekly transport
sentenced offenders from the Marion County adult detention center to
the appropriate correctional facility. Removes a provision allowing an
automatic change of judge when a judge rejects a plea agreement in a
misdemeanor case. Allows the state to appeal a sentence in a criminal
case. Makes sentences nonsuspendible for: (1) crimes of violence; and
(2) persons charged with a felony who have a prior felony conviction.
Provides that an inmate may earn not more than six months of
educational credit for participating in an individualized case
management plan. Increases the penalty for invasion of privacy if the
crime is committed by a person against whom domestic battery charges
are pending. Provides that crimes committed against different victims
during the same episode of criminal conduct do not count against the
                    (Continued next page)
Effective: July 1, 2026.
                Freeman, Carrasco
   January 8, 2026, read first time and referred to Committee on Corrections and Criminal
Law.
   January 13, 2026, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
SB 252—LS 7112/DI 106
Digest Continued
sentencing cap that applies to crimes committed as part of the same
episode of criminal conduct. Specifies that persons convicted of certain
crimes may not participate in a community corrections program.
Increases the penalty for: (1) reckless homicide; (2) involuntary
manslaughter; and (3) reckless supervision; to a Level 4 felony.
Establishes the public prosecution fund and a prosecuting attorney
compensation fee of $40, which will be deposited in the public
prosecution fund. Provides that a county may be reimbursed for certain
prosecutorial expenses from the fund, unless the prosecuting attorney
in the county is a noncompliant prosecuting attorney. Requires the
Indiana prosecuting attorney's council to set standards for
reimbursement. Makes it malicious littering, a Class A misdemeanor,
for a person to place refuse on the property of another person with the
intent to cause the owner or occupant of the property to reasonably fear
for their physical safety.
SB 252—LS 7112/DI 106
                                                                             January 14, 2026
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   SENATE BILL No. 252
    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 1-1-2-5 IS ADDED TO THE INDIANA CODE AS
2 A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2026]: Sec. 5. A person who commits a criminal offense commits a
4 separate offense for each victim listed in a separately charged
5 offense. A court may enter a conviction and impose a sentence for
6 each charged offense.
7    SECTION 2. IC 11-10-1-1.5 IS ADDED TO THE INDIANA CODE
8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
9 1, 2026]: Sec. 1.5. (a) The department shall transport sentenced
10 offenders from the Marion County adult detention facility to the
11 appropriate correctional facility at least one (1) time per week.
12    (b) This section applies specifically to the Marion County adult
13 detention facility because that facility holds hundreds of offenders
14 sentenced to custody in the department and awaiting
15 transportation.
16    SECTION 3. IC 31-30-3-5, AS AMENDED BY P.L.148-2024,
17 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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1 JULY 1, 2026]: Sec. 5. Except for those cases in which the juvenile
2 court has no jurisdiction in accordance with IC 31-30-1-4, the court
3 shall, upon motion of the prosecuting attorney and after full
4 investigation and hearing, waive jurisdiction if it finds that:
5(1) the child is charged with an act that, if committed by an adult,
6would be:
7(A) a Level 1 felony, Level 2 felony, Level 3 felony, or Level
84 felony, except a felony defined by IC 35-48-4;
9(B) involuntary manslaughter as a Level 5 felony under
10IC 35-42-1-4;
11(C) reckless homicide as a Level 5 felony under IC 35-42-1-5;
12or
13(D) unlawful carrying of a handgun as a felony under
14IC 35-47-2-1.5;
15(2) there is probable cause to believe that the child has committed
16the act; and
17(3) the child was at least sixteen (16) years of age when the act
18charged was allegedly committed;
19 unless it would be in the best interests of the child and of the safety and
20 welfare of the community for the child to remain within the juvenile
21 justice system.
22    SECTION 4. IC 33-34-8-1, AS AMENDED BY P.L.213-2025,
23 SECTION 301, IS AMENDED TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) The following fees and costs
25 apply to cases in the small claims court:
26(1) A township docket fee of five dollars ($5) plus forty-five
27percent (45%) of the infraction or ordinance violation costs fee
28under IC 33-37-4-2.
29(2) The bailiff's service of process by registered or certified mail
30fee of fifteen dollars ($15) for each service.
31(3) The cost for the personal service of process by the bailiff or
32other process server of fifteen dollars ($15) for each service.
33(4) Witness fees, if any, in the amount provided by IC 33-37-10-3
34to be taxed and charged in the circuit court.
35(5) A redocketing fee, if any, of five dollars ($5).
36(6) A document storage fee under IC 33-37-5-20.
37(7) An automated record keeping fee under IC 33-37-5-21.
38(8) A late fee, if any, under IC 33-37-5-22.
39(9) A public defense administration fee under IC 33-37-5-21.2.
40(10) A judicial insurance adjustment fee under IC 33-37-5-25.
41(11) A judicial salaries fee under IC 33-37-5-26.
42(12) A court administration fee under IC 33-37-5-27.
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1(13) A pro bono legal services fee under IC 33-37-5-31.
2(14) A sheriff's service of process fee under IC 33-37-5-15 for
3each service of process performed outside Marion County.
4(15) A small claims service fee of twenty-six dollars ($26) under
5IC 33-37-5-35.
6(16) A prosecuting attorney compensation fee under
7IC 33-37-5-37.
8 The township docket fee and the cost for the initial service of process
9 shall be paid at the institution of a case. The cost of service after the
10 initial service shall be assessed and paid after service has been made.
11 The cost of witness fees shall be paid before the witnesses are called.
12     (b) If the amount of the township docket fee computed under
13 subsection (a)(1) is not equal to a whole number, the amount shall be
14 rounded to the next highest whole number.
15     SECTION 5. IC 33-34-8-3, AS AMENDED BY P.L.213-2025,
16 SECTION 302, IS AMENDED TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2026]: Sec. 3. (a) Payment for all costs made as
18 a result of proceedings in a small claims court shall be to the _______
19 Township of Marion County Small Claims Court (with the name of the
20 township inserted). The court shall issue a receipt for all money
21 received on a form numbered serially in duplicate.
22     (b) The court shall distribute collected fees according the following:
23(1) Distribute semiannually to the state comptroller:
24(A) all automated record keeping fees (IC 33-37-5-21)
25received by the court for deposit in the homeowner protection
26unit account established by IC 4-6-12-9 and the state user fee
27fund established under IC 33-37-9;
28(B) all public defense administration fees collected by the
29court under IC 33-37-5-21.2 for deposit in the state general
30fund;
31(C) sixty percent (60%) of all court administration fees
32collected by the court under IC 33-37-5-27 for deposit in the
33state general fund;
34(D) all judicial insurance adjustment fees collected by the
35court under IC 33-37-5-25 for deposit in the state general fund;
36(E) seventy-five percent (75%) of all judicial salaries fees
37collected by the court under IC 33-37-5-26 for deposit in the
38state general fund; and
39(F) one hundred percent (100%) of the pro bono legal services
40fees collected by the court under IC 33-37-5-31 for deposit in
41the pro bono legal services fund established by IC 33-37-5-34;
42and
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1(G) all prosecuting attorney compensation fees collected by
2the court under IC 33-37-5-37 for deposit in the state
3general fund.
4(2) Distribute monthly to the county auditor all document storage
5fees received by the court. The county auditor shall deposit the
6document storage fees received under this subdivision into the
7clerk's record perpetuation fund under IC 33-37-5-2.
8(3) Distribute the following fees monthly to the county auditor for
9deposit in the small claims fund established under IC 33-37-5-36:
10(A) The remaining twenty-five percent (25%) of the judicial
11salaries fees described in subdivision (1)(E).
12(B) Township docket fees and late fees.
13(C) Small claims service fee received under IC 33-37-5-35.
14(D) The remaining forty percent (40%) of the court
15administration fees described under subdivision (1)(C).
16    SECTION 6. IC 33-37-4-1, AS AMENDED BY P.L.120-2023,
17 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2026]: Sec. 1. (a) For each action that results in a felony
19 conviction under IC 35-50-2 or a misdemeanor conviction under
20 IC 35-50-3, the clerk shall collect from the defendant a criminal costs
21 fee of one hundred twenty dollars ($120).
22    (b) In addition to the criminal costs fee collected under this section,
23 the clerk shall collect from the defendant the following fees if they are
24 required under IC 33-37-5:
25(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
26IC 33-37-5-4).
27(2) A marijuana eradication program fee (IC 33-37-5-7).
28(3) An alcohol and drug services program fee (IC 33-37-5-8(b)).
29(4) A law enforcement continuing education program fee
30(IC 33-37-5-8(c)).
31(5) A drug abuse, prosecution, interdiction, and correction fee
32(IC 33-37-5-9).
33(6) An alcohol and drug countermeasures fee (IC 33-37-5-10).
34(7) A child abuse prevention fee (IC 33-37-5-12).
35(8) A domestic violence prevention and treatment fee
36(IC 33-37-5-13).
37(9) A highway worksite fee (IC 33-37-5-14).
38(10) A deferred prosecution fee (IC 33-37-5-17).
39(11) A document storage fee (IC 33-37-5-20).
40(12) An automated record keeping fee (IC 33-37-5-21).
41(13) A late payment fee (IC 33-37-5-22).
42(14) A sexual assault victims assistance fee (IC 33-37-5-23).
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1(15) A public defense administration fee (IC 33-37-5-21.2).
2(16) A judicial insurance adjustment fee (IC 33-37-5-25).
3(17) A judicial salaries fee (IC 33-37-5-26).
4(18) A court administration fee (IC 33-37-5-27).
5(19) A DNA sample processing fee (IC 33-37-5-26.2).
6(20) A prosecuting attorney compensation fee (IC 33-37-5-37).
7     (c) Instead of the criminal costs fee prescribed by this section,
8 except for the automated record keeping fee (IC 33-37-5-21), the clerk
9 shall collect a pretrial diversion program fee if an agreement between
10 the prosecuting attorney and the accused person entered into under
11 IC 33-39-1-8 requires payment of those fees by the accused person.
12 The pretrial diversion program fee is:
13(1) an initial user's fee of fifty dollars ($50) for a misdemeanor
14offense;
15(2) an initial user's fee of seventy-five dollars ($75) for a felony
16offense;
17(3) a monthly user's fee of twenty dollars ($20) for each month
18that the person remains in the pretrial diversion program; and
19(4) any additional program fee or cost that is:
20(A) reasonably related to the person's rehabilitation; and
21(B) approved by the court.
22 A monthly user fee may not be collected beyond the maximum length
23 of the possible sentence.
24     (d) The clerk shall transfer to the county auditor or city or town
25 fiscal officer the following fees, not later than thirty (30) days after the
26 fees are collected:
27(1) The pretrial diversion fee.
28(2) The marijuana eradication program fee.
29(3) The alcohol and drug services program fee.
30(4) The law enforcement continuing education program fee.
31 The auditor or fiscal officer shall deposit fees transferred under this
32 subsection in the appropriate user fee fund established under
33 IC 33-37-8.
34     (e) Unless otherwise directed by a court, if a clerk collects only part
35 of a criminal costs fee from a defendant under this section, the clerk
36 shall distribute the partial payment of the criminal costs fee as follows:
37(1) The clerk shall apply the partial payment to general court
38costs.
39(2) If there is money remaining after the partial payment is
40applied to general court costs under subdivision (1), the clerk
41shall distribute the remainder of the partial payment for deposit in
42the appropriate county user fee fund.
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1(3) If there is money remaining after distribution under
2subdivision (2), the clerk shall distribute the remainder of the
3partial payment for deposit in the state user fee fund.
4(4) If there is money remaining after distribution under
5subdivision (3), the clerk shall distribute the remainder of the
6partial payment to any other applicable user fee fund.
7(5) If there is money remaining after distribution under
8subdivision (4), the clerk shall apply the remainder of the partial
9payment to any outstanding fines owed by the defendant.
10     SECTION 7. IC 33-37-4-2, AS AMENDED BY P.L.120-2023,
11 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2026]: Sec. 2. (a) Except as provided in subsections (d) and
13 (e), for each action that results in a judgment:
14(1) for a violation constituting an infraction; or
15(2) for a violation of an ordinance of a municipal corporation (as
16defined in IC 36-1-2-10);
17 the clerk shall collect from the defendant an infraction or ordinance
18 violation costs fee of seventy dollars ($70).
19     (b) In addition to the infraction or ordinance violation costs fee
20 collected under this section, the clerk shall collect from the defendant
21 the following fees, if they are required under IC 33-37-5:
22(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
23IC 33-37-5-4).
24(2) An alcohol and drug services program fee (IC 33-37-5-8(b)).
25(3) A law enforcement continuing education program fee
26(IC 33-37-5-8(c)).
27(4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
28(5) A highway worksite fee (IC 33-37-5-14).
29(6) A deferred prosecution fee (IC 33-37-5-17).
30(7) A jury fee (IC 33-37-5-19).
31(8) A document storage fee (IC 33-37-5-20).
32(9) An automated record keeping fee (IC 33-37-5-21).
33(10) A late payment fee (IC 33-37-5-22).
34(11) A public defense administration fee (IC 33-37-5-21.2).
35(12) A judicial insurance adjustment fee (IC 33-37-5-25).
36(13) A judicial salaries fee (IC 33-37-5-26).
37(14) A court administration fee (IC 33-37-5-27).
38(15) A DNA sample processing fee (IC 33-37-5-26.2).
39(16) A prosecuting attorney compensation fee (IC 33-37-5-37).
40     (c) The clerk shall transfer to the county auditor or fiscal officer of
41 the municipal corporation the following fees, not later than thirty (30)
42 days after the fees are collected:
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1(1) The alcohol and drug services program fee (IC 33-37-5-8(b)).
2(2) The law enforcement continuing education program fee
3(IC 33-37-5-8(c)).
4(3) The deferral program fee (subsection (e)).
5 The auditor or fiscal officer shall deposit the fees in the user fee fund
6 established under IC 33-37-8.
7     (d) The defendant is not liable for any ordinance violation costs fee
8 in an action if all the following apply:
9(1) The defendant was charged with an ordinance violation
10subject to IC 33-36.
11(2) The defendant denied the violation under IC 33-36-3.
12(3) Proceedings in court against the defendant were initiated
13under IC 34-28-5 (or IC 34-4-32 before its repeal).
14(4) The defendant was tried and the court entered judgment for
15the defendant for the violation.
16     (e) Instead of the infraction or ordinance violation costs fee
17 prescribed by subsection (a), except for the automated record keeping
18 fee (IC 33-37-5-21), the clerk shall collect a deferral program fee if an
19 agreement between a prosecuting attorney or an attorney for a
20 municipal corporation and the person charged with a violation entered
21 into under IC 34-28-5-1 (or IC 34-4-32-1 before its repeal) requires
22 payment of those fees by the person charged with the violation. The
23 deferral program fee is:
24(1) an initial user's fee not to exceed fifty-two dollars ($52); and
25(2) a monthly user's fee not to exceed ten dollars ($10) for each
26month the person remains in the deferral program.
27     (f) The fees prescribed by this section are costs for purposes of
28 IC 34-28-5-5 and may be collected from a defendant against whom
29 judgment is entered. Any penalty assessed is in addition to costs.
30     SECTION 8. IC 33-37-4-3, AS AMENDED BY P.L.85-2017,
31 SECTION 110, IS AMENDED TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2026]: Sec. 3. (a) The clerk shall collect a
33 juvenile costs fee of one hundred twenty dollars ($120) for each action
34 filed under any of the following:
35(1) IC 31-34 (children in need of services).
36(2) IC 31-37 (delinquent children).
37(3) IC 31-14 (paternity).
38     (b) In addition to the juvenile costs fee collected under this section,
39 the clerk shall collect the following fees, if they are required under
40 IC 33-37-5:
41(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
42IC 33-37-5-4).
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1(2) A marijuana eradication program fee (IC 33-37-5-7).
2(3) An alcohol and drug services program fee (IC 33-37-5-8(b)).
3(4) A law enforcement continuing education program fee
4(IC 33-37-5-8(c)).
5(5) An alcohol and drug countermeasures fee (IC 33-37-5-10).
6(6) A document storage fee (IC 33-37-5-20).
7(7) An automated record keeping fee (IC 33-37-5-21).
8(8) A late payment fee (IC 33-37-5-22).
9(9) A public defense administration fee (IC 33-37-5-21.2).
10(10) A judicial insurance adjustment fee (IC 33-37-5-25).
11(11) A judicial salaries fee (IC 33-37-5-26).
12(12) A court administration fee (IC 33-37-5-27).
13(13) A DNA sample processing fee (IC 33-37-5-26.2).
14(14) A prosecuting attorney compensation fee (IC 33-37-5-37).
15     (c) The clerk shall transfer to the county auditor or city or town
16 fiscal officer the following fees not later than thirty (30) days after they
17 are collected:
18(1) The marijuana eradication program fee (IC 33-37-5-7).
19(2) The alcohol and drug services program fee (IC 33-37-5-8(b)).
20(3) The law enforcement continuing education program fee
21(IC 33-37-5-8(c)).
22 The auditor or fiscal officer shall deposit the fees in the appropriate
23 user fee fund established under IC 33-37-8.
24     SECTION 9. IC 33-37-4-4, AS AMENDED BY P.L.106-2025,
25 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2026]: Sec. 4. (a) The clerk shall collect a civil costs fee of
27 one hundred dollars ($100) from a party filing a civil action. This
28 subsection does not apply to the following civil actions:
29(1) Proceedings to enforce a statute defining an infraction under
30IC 34-28-5 (or IC 34-4-32 before its repeal).
31(2) Proceedings to enforce an ordinance under IC 34-28-5 (or
32IC 34-4-32 before its repeal).
33(3) Proceedings in juvenile court under IC 31-34 or IC 31-37.
34(4) Proceedings in paternity under IC 31-14.
35(5) Proceedings in small claims court under IC 33-34.
36(6) Proceedings in actions described in section 7 of this chapter.
37     (b) In addition to the civil costs fee collected under this section, the
38 clerk shall collect the following fees, if they are required under
39 IC 33-37-5:
40(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
41IC 33-37-5-4).
42(2) A support and maintenance fee (IC 33-37-5-6).
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1      (3) A document storage fee (IC 33-37-5-20).
2      (4) An automated record keeping fee (IC 33-37-5-21).
3      (5) A public defense administration fee (IC 33-37-5-21.2).
4      (6) A judicial insurance adjustment fee (IC 33-37-5-25).
5      (7) A judicial salaries fee (IC 33-37-5-26).
6      (8) A court administration fee (IC 33-37-5-27).
7      (9) A service fee (IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2)).
8      (10) A garnishee service fee (IC 33-37-5-28(b)(3) or
9      IC 33-37-5-28(b)(4)).
10      (11) For a mortgage foreclosure action, a mortgage foreclosure
11      counseling and education fee (IC 33-37-5-33) (before its
12      expiration on July 1, 2017).
13      (12) A pro bono legal services fee (IC 33-37-5-31).
14      (13) A jury fee (IC 33-37-5-19.5).
15      (14) A prosecuting attorney compensation fee (IC 33-37-5-37).
16    SECTION 10. IC 33-37-4-6, AS AMENDED BY P.L.106-2025,
17 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2026]: Sec. 6. (a) For each small claims action, the clerk shall
19 collect the following fees:
20      (1) From the party filing the action:
21(A) a small claims costs fee of thirty-five dollars ($35);
22(B) a small claims service fee of ten dollars ($10) for each
23named defendant that is not a garnishee defendant; and
24(C) if the party has named more than three (3) garnishees or
25garnishee defendants, a small claims garnishee service fee of
26ten dollars ($10) for each garnishee or garnishee defendant in
27excess of three (3).
28      (2) From any party adding a defendant that is not a garnishee
29      defendant, a small claims service fee of ten dollars ($10) for each
30      defendant that is not a garnishee defendant added in the action.
31      (3) From any party adding a garnishee or garnishee defendant, a
32      small claims garnishee service fee of ten dollars ($10) for each
33      garnishee or garnishee defendant added to the action. However,
34      a clerk may not collect a small claims garnishee service fee for the
35      first three (3) garnishees named in the action.
36 However, a clerk may not collect a small claims costs fee, small claims
37 service fee, or small claims garnishee service fee for a small claims
38 action filed by or on behalf of the attorney general.
39    (b) A clerk may not collect a fee under subsection (a)(1)(B),
40 (a)(1)(C), (a)(2), or (a)(3) for a small claims action filed through the
41 Indiana electronic filing system adopted by the Indiana supreme court.
42    (c) In addition to a small claims costs fee, small claims service fee,
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1 and small claims garnishee service fee collected under this section, the
2 clerk shall collect the following fees, if they are required under
3 IC 33-37-5:
4(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
5IC 33-37-5-4).
6(2) A document storage fee (IC 33-37-5-20).
7(3) An automated record keeping fee (IC 33-37-5-21).
8(4) A public defense administration fee (IC 33-37-5-21.2).
9(5) A judicial insurance adjustment fee (IC 33-37-5-25).
10(6) A judicial salaries fee (IC 33-37-5-26).
11(7) A court administration fee (IC 33-37-5-27).
12(8) A pro bono legal services fee (IC 33-37-5-31).
13(9) A prosecuting attorney compensation fee (IC 33-37-5-37).
14     SECTION 11. IC 33-37-4-7, AS AMENDED BY P.L.106-2025,
15 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2026]: Sec. 7. (a) Except as provided under subsection (c), the
17 clerk shall collect from the party filing the action a probate costs fee of
18 one hundred twenty dollars ($120) for each action filed under any of
19 the following:
20(1) IC 29 (probate).
21(2) IC 30 (trusts and fiduciaries).
22     (b) In addition to the probate costs fee collected under subsection
23 (a), the clerk shall collect from the party filing the action the following
24 fees, if they are required under IC 33-37-5:
25(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
26IC 33-37-5-4).
27(2) A document storage fee (IC 33-37-5-20).
28(3) An automated record keeping fee (IC 33-37-5-21).
29(4) A public defense administration fee (IC 33-37-5-21.2).
30(5) A judicial insurance adjustment fee (IC 33-37-5-25).
31(6) A judicial salaries fee (IC 33-37-5-26).
32(7) A court administration fee (IC 33-37-5-27).
33(8) A pro bono legal services fee (IC 33-37-5-31).
34(9) A prosecuting attorney compensation fee (IC 33-37-5-37).
35     (c) A clerk may not collect a court costs fee for the filing of the
36 following exempted actions:
37(1) Petition to open a safety deposit box.
38(2) Filing an inheritance tax return, unless proceedings other than
39the court's approval of the return become necessary.
40(3) Offering a will for probate under IC 29-1-7, unless
41proceedings other than admitting the will to probate become
42necessary.
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1(4) Filing a closing statement for an estate described in
2IC 29-1-8-4.
3    SECTION 12. IC 33-37-5-37 IS ADDED TO THE INDIANA
4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2026]: Sec. 37. (a) This section does not apply
6 to a proceeding involving a child alleged to be a delinquent child.
7    (b) This subsection does not apply to the following:
8(1) A criminal proceeding.
9(2) A proceeding to enforce a statute defining an infraction.
10(3) A proceeding for an ordinance violation.
11 In each action filed in a court described in IC 33-37-1-1 and in each
12 small claims action in a court described in IC 33-34, the clerk shall
13 collect a prosecuting attorney compensation fee of forty dollars
14 ($40).
15    (c) In each action in which a person is:
16(1) convicted of an offense;
17(2) required to pay a pretrial diversion fee;
18(3) found to have committed an infraction; or
19(4) found to have violated an ordinance;
20 the clerk shall collect a prosecuting attorney compensation fee of
21 forty dollars ($40).
22    SECTION 13. IC 33-37-7-2, AS AMENDED BY P.L.106-2025,
23 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2026]: Sec. 2. (a) The clerk of a circuit court shall distribute
25 semiannually to the state comptroller as the state share for deposit in
26 the homeowner protection unit account established by IC 4-6-12-9 one
27 hundred percent (100%) of the automated record keeping fees collected
28 under IC 33-37-5-21 with respect to actions resulting in the accused
29 person entering into a pretrial diversion program agreement under
30 IC 33-39-1-8 or a deferral program agreement under IC 34-28-5-1 and
31 for deposit in the state general fund seventy percent (70%) of the
32 amount of fees collected under the following:
33(1) IC 33-37-4-1(a) (criminal costs fees).
34(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
35(3) IC 33-37-4-3(a) (juvenile costs fees).
36(4) IC 33-37-4-4(a) (civil costs fees).
37(5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
38(6) IC 33-37-4-7(a) (probate costs fees).
39(7) IC 33-37-5-17 (deferred prosecution fees).
40    (b) The clerk of a circuit court shall distribute semiannually to the
41 state comptroller for deposit in the state user fee fund established in
42 IC 33-37-9-2 the following:
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1(1) Twenty-five percent (25%) of the drug abuse, prosecution,
2interdiction, and correction fees collected under
3IC 33-37-4-1(b)(5).
4(2) Twenty-five percent (25%) of the alcohol and drug
5countermeasures fees collected under IC 33-37-4-1(b)(6),
6IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
7(3) One hundred percent (100%) of the child abuse prevention
8fees collected under IC 33-37-4-1(b)(7).
9(4) One hundred percent (100%) of the domestic violence
10prevention and treatment fees collected under IC 33-37-4-1(b)(8).
11(5) One hundred percent (100%) of the highway worksite fees
12collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
13(6) Seventy-five percent (75%) of the safe schools fee collected
14under IC 33-37-5-18.
15(7) One hundred percent (100%) of the automated record keeping
16fee collected under IC 33-37-5-21 not distributed under
17subsection (a).
18    (c) The clerk of a circuit court shall distribute monthly to the county
19 auditor the following:
20(1) Seventy-five percent (75%) of the drug abuse, prosecution,
21interdiction, and correction fees collected under
22IC 33-37-4-1(b)(5).
23(2) Seventy-five percent (75%) of the alcohol and drug
24countermeasures fees collected under IC 33-37-4-1(b)(6),
25IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
26 The county auditor shall deposit fees distributed by a clerk under this
27 subsection into the county drug free community fund established under
28 IC 5-2-11.
29    (d) The clerk of a circuit court shall distribute monthly to the county
30 auditor one hundred percent (100%) of the late payment fees collected
31 under IC 33-37-5-22. The county auditor shall deposit fees distributed
32 by a clerk under this subsection as follows:
33(1) If directed to do so by an ordinance adopted by the county
34fiscal body, the county auditor shall deposit forty percent (40%)
35of the fees in the clerk's record perpetuation fund established
36under IC 33-37-5-2 and sixty percent (60%) of the fees in the
37county general fund.
38(2) If the county fiscal body has not adopted an ordinance
39described in subdivision (1), the county auditor shall deposit all
40the fees in the county general fund.
41    (e) The clerk of the circuit court shall distribute semiannually to the
42 state comptroller for deposit in the sexual assault victims assistance
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1 fund established by IC 5-2-6-23(d) one hundred percent (100%) of the
2 sexual assault victims assistance fees collected under IC 33-37-5-23.
3    (f) The clerk of a circuit court shall distribute monthly to the county
4 auditor the following:
5(1) One hundred percent (100%) of the support and maintenance
6fees for cases designated as non-Title IV-D child support cases in
7the Indiana support enforcement tracking system (ISETS) or the
8successor statewide automated support enforcement system
9collected under IC 33-37-5-6.
10(2) The percentage share of the support and maintenance fees for
11cases designated as Title IV-D child support cases in ISETS or the
12successor statewide automated support enforcement system
13collected under IC 33-37-5-6 that is reimbursable to the county at
14the federal financial participation rate.
15 The county clerk shall distribute monthly to the department of child
16 services the percentage share of the support and maintenance fees for
17 cases designated as Title IV-D child support cases in ISETS, or the
18 successor statewide automated support enforcement system, collected
19 under IC 33-37-5-6 that is not reimbursable to the county at the
20 applicable federal financial participation rate.
21    (g) The clerk of a circuit court shall distribute monthly to the county
22 auditor the following:
23(1) One hundred percent (100%) of the small claims service fee
24under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
25the county general fund.
26(2) One hundred percent (100%) of the small claims garnishee
27service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
28deposit in the county general fund.
29(3) Twenty-five percent (25%) of the safe schools fee collected
30under IC 33-37-5-18 for deposit in the county general fund.
31    (h) This subsection does not apply to court administration fees
32 collected in small claims actions filed in a court described in IC 33-34.
33 The clerk of a circuit court shall semiannually distribute to the state
34 comptroller for deposit in the state general fund one hundred percent
35 (100%) of the following:
36(1) The public defense administration fee collected under
37IC 33-37-5-21.2.
38(2) The judicial salaries fees collected under IC 33-37-5-26.
39(3) The DNA sample processing fees collected under
40IC 33-37-5-26.2.
41(4) The court administration fees collected under IC 33-37-5-27.
42(5) The judicial insurance adjustment fee collected under
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1IC 33-37-5-25.
2(6) The prosecuting attorney compensation fee collected under
3IC 33-37-5-37.
4     (i) The proceeds of the service fee collected under
5 IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
6 follows:
7(1) The clerk shall distribute one hundred percent (100%) of the
8service fees collected in a circuit, superior, county, or probate
9court to the county auditor for deposit in the county general fund.
10(2) The clerk shall distribute one hundred percent (100%) of the
11service fees collected in a city or town court to the city or town
12fiscal officer for deposit in the city or town general fund.
13     (j) The proceeds of the garnishee service fee collected under
14 IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
15 follows:
16(1) The clerk shall distribute one hundred percent (100%) of the
17garnishee service fees collected in a circuit, superior, county, or
18probate court to the county auditor for deposit in the county
19general fund.
20(2) The clerk shall distribute one hundred percent (100%) of the
21garnishee service fees collected in a city or town court to the city
22or town fiscal officer for deposit in the city or town general fund.
23     (k) The clerk of the circuit court shall distribute semiannually to the
24 state comptroller for deposit in the home ownership education account
25 established by IC 5-20-1-27 one hundred percent (100%) of the
26 following:
27(1) The mortgage foreclosure counseling and education fees
28collected under IC 33-37-5-33 (before its expiration on July 1,
292017).
30(2) Any civil penalties imposed and collected by a court for a
31violation of a court order in a foreclosure action under
32IC 32-30-10.5.
33     (l) The clerk of a circuit court shall distribute semiannually to the
34 state comptroller for deposit in the pro bono legal services fund
35 established by IC 33-37-5-34 one hundred percent (100%) of the pro
36 bono legal services fees collected under IC 33-37-5-31.
37     SECTION 14. IC 33-37-7-8, AS AMENDED BY P.L.106-2025,
38 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2026]: Sec. 8. (a) The clerk of a city or town court shall
40 distribute semiannually to the state comptroller as the state share for
41 deposit in the homeowner protection unit account established by
42 IC 4-6-12-9 one hundred percent (100%) of the automated record
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1 keeping fees collected under IC 33-37-5-21 with respect to actions
2 resulting in the accused person entering into a pretrial diversion
3 program agreement under IC 33-39-1-8 or a deferral program
4 agreement under IC 34-28-5-1 and for deposit in the state general fund
5 fifty-five percent (55%) of the amount of fees collected under the
6 following:
7(1) IC 33-37-4-1(a) (criminal costs fees).
8(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
9(3) IC 33-37-4-4(a) (civil costs fees).
10(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
11(5) IC 33-37-5-17 (deferred prosecution fees).
12     (b) The city or town fiscal officer shall distribute monthly to the
13 county auditor as the county share twenty percent (20%) of the amount
14 of fees collected under the following:
15(1) IC 33-37-4-1(a) (criminal costs fees).
16(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
17(3) IC 33-37-4-4(a) (civil costs fees).
18(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
19(5) IC 33-37-5-17 (deferred prosecution fees).
20     (c) The city or town fiscal officer shall retain twenty-five percent
21 (25%) as the city or town share of the fees collected under the
22 following:
23(1) IC 33-37-4-1(a) (criminal costs fees).
24(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
25(3) IC 33-37-4-4(a) (civil costs fees).
26(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
27(5) IC 33-37-5-17 (deferred prosecution fees).
28     (d) The clerk of a city or town court shall distribute semiannually to
29 the state comptroller for deposit in the state user fee fund established
30 in IC 33-37-9 the following:
31(1) Twenty-five percent (25%) of the drug abuse, prosecution,
32interdiction, and correction fees collected under
33IC 33-37-4-1(b)(5).
34(2) Twenty-five percent (25%) of the alcohol and drug
35countermeasures fees collected under IC 33-37-4-1(b)(6),
36IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
37(3) One hundred percent (100%) of the highway worksite fees
38collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
39(4) Seventy-five percent (75%) of the safe schools fee collected
40under IC 33-37-5-18.
41(5) One hundred percent (100%) of the automated record keeping
42fee collected under IC 33-37-5-21 not distributed under
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1subsection (a).
2    (e) The clerk of a city or town court shall distribute monthly to the
3 county auditor the following:
4(1) Seventy-five percent (75%) of the drug abuse, prosecution,
5interdiction, and correction fees collected under
6IC 33-37-4-1(b)(5).
7(2) Seventy-five percent (75%) of the alcohol and drug
8countermeasures fees collected under IC 33-37-4-1(b)(6),
9IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
10 The county auditor shall deposit fees distributed by a clerk under this
11 subsection into the county drug free community fund established under
12 IC 5-2-11.
13    (f) The clerk of a city or town court shall distribute monthly to the
14 city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
15 percent (100%) of the following:
16(1) The late payment fees collected under IC 33-37-5-22.
17(2) The small claims service fee collected under
18IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
19(3) The small claims garnishee service fee collected under
20IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
21(4) Twenty-five percent (25%) of the safe schools fee collected
22under IC 33-37-5-18.
23 The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
24 fees distributed by a clerk under this subsection in the city or town
25 general fund.
26    (g) The clerk of a city or town court shall semiannually distribute to
27 the state comptroller for deposit in the state general fund one hundred
28 percent (100%) of the following:
29(1) The public defense administration fee collected under
30IC 33-37-5-21.2.
31(2) The DNA sample processing fees collected under
32IC 33-37-5-26.2.
33(3) The court administration fees collected under IC 33-37-5-27.
34(4) The judicial insurance adjustment fee collected under
35IC 33-37-5-25.
36(5) The prosecuting attorney compensation fee collected under
37IC 33-37-5-37.
38    (h) The clerk of a city or town court shall semiannually distribute to
39 the state comptroller for deposit in the state general fund seventy-five
40 percent (75%) of the judicial salaries fee collected under
41 IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five
42 percent (25%) of the judicial salaries fee collected under
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1 IC 33-37-5-26. The funds retained by the city or town shall be
2 prioritized to fund city or town court operations.
3    (i) The clerk of a city or town court shall distribute semiannually to
4 the state comptroller for deposit in the pro bono legal services fund
5 established by IC 33-37-5-34 one hundred percent (100%) of the pro
6 bono legal services fees collected under IC 33-37-5-31.
7    SECTION 15. IC 33-39-8-5, AS AMENDED BY P.L.55-2022,
8 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2026]: Sec. 5. The council shall do the following:
10(1) Assist in the coordination of the duties of the prosecuting
11attorneys of the state and their staffs.
12(2) Prepare manuals of procedure.
13(3) Give assistance in preparation of the trial briefs, forms, and
14instructions.
15(4) Conduct training for prosecuting attorneys and the staff of
16prosecuting attorneys.
17(5) Conduct research and studies that would be of interest and
18value to all prosecuting attorneys and their staffs.
19(6) Maintain liaison contact with study commissions and agencies
20of all branches of local, state, and federal government that will be
21of benefit to law enforcement and the fair administration of
22justice in Indiana.
23(7) Adopt guidelines and standards for services under which
24the counties will be eligible for reimbursement under
25IC 33-39-11.
26(7) (8) Adopt guidelines for the expenditure of funds derived from
27a deferral program or a pretrial diversion program.
28(8) (9) The council shall:
29(A) compile forfeiture data received under IC 34-24-1-4.5; and
30(B) annually submit a report to the legislative council
31containing the compiled data.
32 The council shall submit the report to the legislative council before
33 July 15 of every year. The report must be in an electronic format under
34 IC 5-14-6. The council may adopt rules under IC 4-22-2 to implement
35 this subdivision.
36    SECTION 16. IC 33-39-8.1-9, AS ADDED BY P.L.147-2025,
37 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2026]: Sec. 9. (a) If the board determines that a prosecuting
39 attorney is a noncompliant prosecuting attorney, the board shall issue
40 a report to:
41(1) the prosecuting attorneys council of Indiana; and
42(2) the alleged noncompliant prosecuting attorney.
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1    (b) Upon receipt of a report that a prosecuting attorney is a
2 noncompliant prosecuting attorney, the board may notify the state
3 comptroller.
4    SECTION 17. IC 33-39-11 IS ADDED TO THE INDIANA CODE
5 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2026]:
7    Chapter 11. Public Prosecution Fund
8    Sec. 1. As used in this chapter, "council" means the prosecuting
9 attorneys council of Indiana established by IC 33-39-8-2.
10    Sec. 2. The public prosecution fund is established to provide
11 county reimbursement of compensation paid to deputy prosecuting
12 attorneys and administrative expenses. The fund shall be
13 administered by the council.
14    Sec. 3. The fund consists of money appropriated to the fund by
15 the general assembly.
16    Sec. 4. The treasurer of state shall invest the money in the fund
17 not currently needed to meet the obligations of the fund in the same
18 manner as other public funds may be invested.
19    Sec. 5. Money in the fund at the end of a state fiscal year does
20 not revert to the state general fund.
21    Sec. 6. (a) A county auditor may submit on a quarterly basis a
22 certified request to the state comptroller for reimbursement from
23 the public prosecution fund for salary paid to a deputy prosecuting
24 attorney, other than a chief deputy prosecuting attorney or an
25 elected prosecuting attorney, if the annual salary of the deputy
26 prosecuting attorney is equal to at least fifty-five percent (55%) of
27 the salary paid to the elected full-time prosecuting attorney. The
28 county auditor may request reimbursement under this subsection
29 in an amount that does not exceed twenty-seven and one-half
30 percent (27.5%) of the salary paid to the elected full-time
31 prosecuting attorney.
32    (b) A county auditor may submit on a quarterly basis a certified
33 request to the state comptroller for reimbursement from the public
34 prosecution fund for the county's expenditures for fringe benefits
35 provided to a deputy prosecuting attorney, other than a chief
36 deputy prosecuting attorney or an elected prosecuting attorney, if
37 the annual salary of the deputy prosecuting attorney is equal to at
38 least fifty-five percent (55%) of the salary paid to the elected
39 full-time prosecuting attorney. However, a request for
40 reimbursement for fringe benefits under this subsection may not
41 exceed fifteen thousand one hundred forty dollars ($15,140).
42    Sec. 7. (a) Except as provided in subsection (b), upon receiving
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1 certification from a county auditor, the state comptroller shall
2 issue a warrant to the treasurer of state for disbursement to the
3 county of the amount certified.
4    (b) If the state comptroller has received instruction from the
5 council under IC 33-39-8.1-9 to withhold payment from the county
6 because the prosecuting attorney is a noncompliant prosecuting
7 attorney, the state comptroller shall not issue a warrant under
8 subsection (a).
9    SECTION 18. IC 35-35-3-3, AS AMENDED BY P.L.50-2017,
10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2026]: Sec. 3. (a) No plea agreement may be made by the
12 prosecuting attorney to a court on a felony charge except:
13(1) in writing; and
14(2) before the defendant enters a plea of guilty.
15 The plea agreement shall be shown as filed, and if its contents indicate
16 that the prosecuting attorney anticipates that the defendant intends to
17 enter a plea of guilty to a felony charge, the court shall order the
18 presentence report required by IC 35-38-1-8 and may hear evidence on
19 the plea agreement.
20    (b) If the plea agreement is not accepted, the court shall reject it
21 before the case may be disposed of by trial or by guilty plea. If the court
22 rejects the plea agreement, subsequent plea agreements may be filed
23 with the court, subject to the same requirements that this chapter
24 imposes upon the initial plea agreement.
25    (c) A plea agreement in a misdemeanor case may be submitted
26 orally to the court.
27    (d) In a misdemeanor case, if:
28(1) the court rejects a plea agreement; and
29(2) the prosecuting attorney or the defendant files a written
30motion for change of judge within ten (10) days after the plea
31agreement is rejected;
32 the court shall grant the motion for change of judge and transfer the
33 proceeding to a special judge under the Indiana Rules of Criminal
34 Procedure. However, there may not be more than one (1) transfer of the
35 proceeding to a special judge under this subsection.
36    (e) (d) If the court accepts a plea agreement, it shall be bound by its
37 terms.
38    SECTION 19. IC 35-38-1-21 IS AMENDED TO READ AS
39 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 21. (a) A court that
40 receives a petition from the department of correction under
41 IC 35-38-3-5 may, after notice to the prosecuting attorney of the
42 judicial circuit in which the defendant's case originated, hold a hearing
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1 for the purpose of determining whether the offender named in the
2 petition may be placed in home detention under IC 35-38-2.5 instead
3 of commitment to the department of correction for the remainder of the
4 offender's minimum sentence.
5     (b) Notwithstanding IC 35-35-3-3(e), IC 35-35-3-3(d), and after a
6 hearing held under this section, a sentencing court may order the
7 offender named in the petition filed under IC 35-38-3-5 to be placed in
8 home detention under IC 35-38-2.5 instead of commitment to the
9 department of correction for the remainder of the offender's minimum
10 sentence.
11     SECTION 20. IC 35-38-1-33, AS ADDED BY P.L.87-2018,
12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2026]: Sec. 33. (a) As used in this section, "offender" means
14 an individual convicted of a sex offense.
15     (b) As used in this section, "sex offense" has the meaning set forth
16 in IC 11-8-8-5.2.
17     (c) An offender may petition for waiver of the residency restriction
18 described in IC 35-46-1-15.1(c). IC 35-46-1-15.1(d). The court may
19 waive the residency restriction if the court, at a hearing at which the
20 offender is present and of which the prosecuting attorney has been
21 notified, determines that:
22(1) the offender has successfully completed a sex offender
23treatment program; and
24(2) good cause exists to allow the offender to reside within one (1)
25mile of the residence of the victim of the offender's sex offense.
26 However, the court may not grant a waiver under this subsection if the
27 offender is a sexually violent predator under IC 35-38-1-7.5 or if the
28 offender is an offender against children under IC 35-42-4-11.
29     (d) If the court grants a waiver under this section, the court shall
30 determine the duration of the waiver. The offender may petition the
31 court for an extension of the waiver not later than sixty (60) days before
32 its expiration. However, if the court denies an offender's petition for
33 waiver under this section, then the offender is subject to prosecution for
34 the offense described in IC 35-46-1-15.1(c). IC 35-46-1-15.1(d).
35     (e) If the court grants a waiver under this section, the court shall
36 state in writing the reasons for granting the waiver. The court's written
37 statement of its reasons shall be incorporated into the record.
38     (f) The address of the victim of the offender's sex offense is
39 confidential even if the court grants a waiver under this section.
40     SECTION 21. IC 35-38-2.6-1, AS AMENDED BY P.L.148-2024,
41 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2026]: Sec. 1. This chapter does not apply to persons
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                                    21
1 convicted of any of the following offenses: whenever any part of the
2 sentence may not be suspended under IC 35-50-2-2.2:
3(1) Sex crimes under IC 35-42-4 or IC 35-46-1-3.
4(2) A Level 1 felony.
5(3) A Class A felony.
6(4) Any of the following felonies:
7(A) Murder (IC 35-42-1-1).
8(B) A battery offense included in IC 35-42-2 with a deadly
9weapon or causing death.
10(C) Kidnapping (IC 35-42-3-2).
11(D) Criminal confinement (IC 35-42-3-3) with a deadly
12weapon.
13(E) Robbery (IC 35-42-5-1) resulting in serious bodily injury
14or with a deadly weapon.
15(F) Arson (IC 35-43-1-1) for hire resulting in serious bodily
16injury.
17(G) Burglary (IC 35-43-2-1) resulting in serious bodily injury.
18(H) Resisting law enforcement (IC 35-44.1-3-1) with a deadly
19weapon.
20(I) Aggravated battery (IC 35-42-2-1.5).
21(J) Disarming a law enforcement officer (IC 35-44.1-3-2).
22(K) A sentence for a crime that is enhanced by criminal
23organization (IC 35-50-2-15).
24(L) An offense that is enhanced by habitual offender
25(IC 35-50-2-8) or habitual substance offender
26(IC 9-30-15.5-2) determination.
27(M) An offense that is enhanced by the use of a firearm
28under IC 35-50-2-11.
29(N) Escape (IC 35-44.1-3-4).
30(O) Unlawful carrying of a handgun (IC 35-47-2-1.5).
31(P) An offense in which the defendant used a firearm in the
32commission of the offense, regardless of whether the use of
33the firearm is an element.
34    SECTION 22. IC 35-38-4-2, AS AMENDED BY P.L.112-2021,
35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2026]: Sec. 2. (a) Appeals to the supreme court or to the court
37 of appeals, as provided by court rules, may be taken by the state as of
38 right in the following cases:
39(1) From an order granting a motion to dismiss one (1) or more
40counts of an indictment or information.
41(2) From an order granting a motion to discharge a defendant
42before trial for any reason, including delay commencing trial or
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1after the defendant's plea of former jeopardy.
2(3) From an order granting a motion to correct errors.
3(4) Upon a question reserved by the state, if the defendant is
4acquitted.
5(5) From an order granting a motion to suppress evidence, if the
6ultimate effect of the order is to preclude further prosecution of
7one (1) or more counts of an information or indictment.
8(6) From a sentencing order.
9     (b) The state may appeal an interlocutory order to the supreme court
10 or to the court of appeals, as provided by court rules, if the trial court
11 certifies the appeal and the court on appeal finds that:
12(1) the state will suffer substantial expense, damage, or injury if
13the order is erroneous and the determination thereof is withheld
14until after judgment;
15(2) the order involves a substantial question of law, the early
16determination of which will promote a more orderly disposition
17of the case; or
18(3) the remedy by appeal after judgment is otherwise inadequate.
19     (c) An interlocutory order that may be appealed by the state under
20 subsection (b) includes but is not limited to:
21(1) any order granting a motion to suppress evidence that is
22substantially important to the prosecution and does not have the
23ultimate effect of precluding further prosecution; and
24(2) any discovery order claimed to violate a court rule, statute, or
25case law.
26     SECTION 23. IC 35-42-1-4, AS AMENDED BY P.L.203-2018,
27 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2026]: Sec. 4. (a) As used in this section, "fetus" means a
29 fetus in any stage of development.
30     (b) A person who kills another human being while committing or
31 attempting to commit:
32(1) a Level 5 or Level 6 felony that inherently poses a risk of
33serious bodily injury;
34(2) a Class A misdemeanor that inherently poses a risk of serious
35bodily injury; or
36(3) battery;
37 commits involuntary manslaughter, a Level 5 Level 4 felony.
38     (c) Except as provided in section 6.5 of this chapter, a person who
39 kills a fetus while committing or attempting to commit:
40(1) a Level 5 or Level 6 felony that inherently poses a risk of
41serious bodily injury;
42(2) a Class A misdemeanor that inherently poses a risk of serious
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                                    23
1bodily injury;
2(3) a battery offense included in IC 35-42-2; or
3(4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a
4vehicle while intoxicated);
5 commits involuntary manslaughter, a Level 5 Level 4 felony.
6     SECTION 24. IC 35-42-1-5, AS AMENDED BY P.L.158-2013,
7 SECTION 415, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2026]: Sec. 5. A person who recklessly kills
9 another human being commits reckless homicide, a Level 5 Level 4
10 felony.
11     SECTION 25. IC 35-45-3-4 IS ADDED TO THE INDIANA CODE
12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
13 1, 2026]: Sec. 4. A person who places or leaves refuse on the
14 property of another person, with the intent to cause:
15(1) the owner or occupant of the property;
16(2) an invitee of the owner or occupant of the property; or
17(3) a family member or person closely associated with a
18person described in subdivision (1) or (2);
19 to reasonably fear for their physical safety, commits malicious
20 littering, a Class A misdemeanor.
21     SECTION 26. IC 35-46-1-4.1, AS ADDED BY P.L.158-2013,
22 SECTION 551, IS AMENDED TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2026]: Sec. 4.1. (a) As used in this section,
24 "child care provider" means a person who provides child care in or on
25 behalf of:
26(1) a child care center (as defined in IC 12-7-2-28.4); or
27(2) a child care home (as defined in IC 12-7-2-28.6);
28 regardless of whether the child care center or child care home is
29 licensed.
30     (b) A child care provider who recklessly supervises a child commits
31 reckless supervision, a Class B misdemeanor. However, the offense is
32 a Class A misdemeanor if the offense results in serious bodily injury to
33 a child, and a Level 6 Level 4 felony if the offense results in the death
34 of a child.
35     SECTION 27. IC 35-46-1-15.1, AS AMENDED BY P.L.28-2023,
36 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2026]: Sec. 15.1. (a) A person who knowingly or intentionally
38 violates:
39(1) a protective order to prevent domestic or family violence or
40harassment issued under IC 34-26-5 (or, if the order involved a
41family or household member, under IC 34-26-2 or IC 34-4-5.1-5
42before their repeal);
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                                    24
1      (2) an ex parte protective order issued under IC 34-26-5 (or, if the
2      order involved a family or household member, an emergency
3      order issued under IC 34-26-2 or IC 34-4-5.1 before their repeal);
4      (3) a workplace violence restraining order issued under
5      IC 34-26-6;
6      (4) a no contact order in a dispositional decree issued under
7      IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4
8      or IC 31-6-4-15.9 before their repeal) or an order issued under
9      IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the
10      person to refrain from direct or indirect contact with a child in
11      need of services or a delinquent child;
12      (5) a no contact order issued as a condition of pretrial release,
13      including release on bail or personal recognizance, or pretrial
14      diversion, and including a no contact order issued under
15      IC 35-33-8-3.6;
16      (6) a no contact order issued as a condition of probation;
17      (7) a protective order to prevent domestic or family violence
18      issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2 before
19      their repeal);
20      (8) a protective order to prevent domestic or family violence
21      issued under IC 31-14-16-1 in a paternity action;
22      (9) an order issued in another state that is substantially similar to
23      an order described in subdivisions (1) through (8);
24      (10) an order that is substantially similar to an order described in
25      subdivisions (1) through (8) and is issued by an Indian:
26(A) tribe;
27(B) band;
28(C) pueblo;
29(D) nation; or
30(E) organized group or community, including an Alaska
31Native village or regional or village corporation as defined in
32or established under the Alaska Native Claims Settlement Act
33(43 U.S.C. 1601 et seq.);
34      that is recognized as eligible for the special programs and services
35      provided by the United States to Indians because of their special
36      status as Indians;
37      (11) an order issued under IC 35-33-8-3.2; or
38      (12) an order issued under IC 35-38-1-30;
39 commits invasion of privacy, a Class A misdemeanor except as
40 otherwise provided in this section.
41    (b) However, The offense described in subsection (a) is a Level 6
42 felony if one (1) or more of the following apply:
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                                    25
1(1) The person has a prior unrelated conviction for an offense
2under this subsection or IC 35-45-10-5 (stalking).
3(2) The person committed the offense while charged with
4domestic battery (IC 35-42-2-1.3) as a felony.
5     (b) (c) It is not a defense to a prosecution under subsection (a) that
6 the accused person used or operated an unmanned aerial vehicle in
7 committing the violation.
8     (c) (d) A sex offender under IC 11-8-8-4.5 who:
9(1) establishes a new residence within a one (1) mile radius of the
10residence of the victim of the offender's sex offense;
11(2) intends to reside (as defined in IC 35-42-4-11(b)) at the
12residence; and
13(3) at the time the sex offender established the residence, knew or
14reasonably should have known that the residence was located
15within a one (1) mile radius of the residence of the victim of the
16offender's sex offense;
17 commits invasion of privacy, a Class A misdemeanor. However, the
18 offense is a Level 6 felony if the sex offender has a prior unrelated
19 conviction under this subsection.
20     (d) (e) The victim of the sex offender's sex offense may not be
21 prosecuted under subsection (c) subsection (d) if the victim's liability
22 is based on aiding, inducing, or causing the offender to commit the
23 offense described in subsection (c). subsection (d).
24     (e) (f) Subsection (c) Subsection (d) does not apply to a sex
25 offender who has obtained a waiver of residency under IC 35-38-2-2.5
26 or IC 35-38-1-33.
27     SECTION 28. IC 35-50-1-2, AS AMENDED BY P.L.218-2025,
28 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2026]: Sec. 2. (a) As used in this section, "crime of violence"
30 means the following:
31(1) Murder (IC 35-42-1-1).
32(2) Attempted murder (IC 35-41-5-1).
33(3) Voluntary manslaughter (IC 35-42-1-3).
34(4) Involuntary manslaughter (IC 35-42-1-4).
35(5) Reckless homicide (IC 35-42-1-5).
36(6) Battery (IC 35-42-2-1) as a:
37(A) Level 2 felony;
38(B) Level 3 felony;
39(C) Level 4 felony; or
40(D) Level 5 felony.
41(7) Domestic battery (IC 35-42-2-1.3) as a:
42(A) Level 2 felony;
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1(B) Level 3 felony;
2(C) Level 4 felony; or
3(D) Level 5 felony.
4      (8) Aggravated battery (IC 35-42-2-1.5).
5      (9) Kidnapping (IC 35-42-3-2).
6      (10) Rape (IC 35-42-4-1).
7      (11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
8      (12) Child molesting (IC 35-42-4-3).
9      (13) Sexual misconduct with a minor as a Level 1 felony under
10      IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
11      (14) Robbery as a Level 2 felony or a Level 3 felony
12      (IC 35-42-5-1).
13      (15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
14      or Level 4 felony (IC 35-43-2-1).
15      (16) Operating a vehicle while intoxicated causing death or
16      catastrophic injury (IC 9-30-5-5).
17      (17) Operating a vehicle while intoxicated causing serious bodily
18      injury to another person (IC 9-30-5-4).
19      (18) Child exploitation as a Level 5 felony under IC 35-42-4-4(b)
20      or a Level 4 felony under IC 35-42-4-4(c).
21      (19) Resisting law enforcement as a felony (IC 35-44.1-3-1).
22      (20) Unlawful possession of a firearm by a serious violent felon
23      (IC 35-47-4-5).
24      (21) Strangulation (IC 35-42-2-9) as a Level 5 felony.
25    (b) As used in this section, "episode of criminal conduct" means
26 offenses or a connected series of offenses that are closely related in
27 time, place, and circumstance.
28    (c) Except as provided in subsection (e) or (f) the court shall
29 determine whether terms of imprisonment shall be served concurrently
30 or consecutively. The court may consider the:
31      (1) aggravating circumstances in IC 35-38-1-7.1(a); and
32      (2) mitigating circumstances in IC 35-38-1-7.1(b);
33 in making a determination under this subsection. The court may order
34 terms of imprisonment to be served consecutively even if the sentences
35 are not imposed at the same time. However, except for crimes of
36 violence, and crimes committed against separate victims in the
37 same episode of criminal conduct, the total of the consecutive terms
38 of imprisonment, exclusive of terms of imprisonment under
39 IC 35-50-2-8 and IC 35-50-2-10 (before its repeal) to which the
40 defendant is sentenced for felony or misdemeanor convictions arising
41 out of an episode of criminal conduct shall not exceed the period
42 described in subsection (d).
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                                    27
1    (d) Except as provided in subsection (c), the total of the consecutive
2 terms of imprisonment to which the defendant is sentenced for
3 convictions arising out of an episode of criminal conduct may not
4 exceed the following:
5(1) If the most serious crime for which the defendant is sentenced
6is a Class C misdemeanor, the total of the consecutive terms of
7imprisonment may not exceed one (1) year.
8(2) If the most serious crime for which the defendant is sentenced
9is a Class B misdemeanor, the total of the consecutive terms of
10imprisonment may not exceed two (2) years.
11(3) If the most serious crime for which the defendant is sentenced
12is a Class A misdemeanor, the total of the consecutive terms of
13imprisonment may not exceed three (3) years.
14(4) If the most serious crime for which the defendant is sentenced
15is a Level 6 felony, the total of the consecutive terms of
16imprisonment may not exceed four (4) years.
17(5) If the most serious crime for which the defendant is sentenced
18is a Level 5 felony, the total of the consecutive terms of
19imprisonment may not exceed seven (7) years.
20(6) If the most serious crime for which the defendant is sentenced
21is a Level 4 felony, the total of the consecutive terms of
22imprisonment may not exceed fifteen (15) years.
23(7) If the most serious crime for which the defendant is sentenced
24is a Level 3 felony, the total of the consecutive terms of
25imprisonment may not exceed twenty (20) years.
26(8) If the most serious crime for which the defendant is sentenced
27is a Level 2 felony, the total of the consecutive terms of
28imprisonment may not exceed thirty-two (32) years.
29(9) If the most serious crime for which the defendant is sentenced
30is a Level 1 felony, the total of the consecutive terms of
31imprisonment may not exceed forty-two (42) years.
32    (e) If, after being arrested for one (1) crime, a person commits
33 another crime:
34(1) before the date the person is discharged from probation,
35parole, or a term of imprisonment imposed for the first crime; or
36(2) while the person is released:
37(A) upon the person's own recognizance; or
38(B) on bond;
39 the terms of imprisonment for the crimes shall be served consecutively,
40 regardless of the order in which the crimes are tried and sentences are
41 imposed.
42    (f) If the factfinder determines under IC 35-50-2-11 that a person
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1 used a firearm in the commission of the offense for which the person
2 was convicted, the term of imprisonment for the underlying offense and
3 the additional term of imprisonment imposed under IC 35-50-2-11
4 must be served consecutively.
5     SECTION 29. IC 35-50-2-2.2, AS AMENDED BY P.L.170-2023,
6 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2026]: Sec. 2.2. (a) Except as provided in subsection (b) or
8 (c), the court may suspend any part of a sentence for a felony.
9     (b) If a person is convicted of:
10(1) a Level 2 felony; or
11(2) a Level 3 felony and has:
12(A) any prior unrelated felony conviction, other than a
13conviction for a felony involving marijuana, hashish, hash oil,
14or salvia divinorum; or
15(B) a prior juvenile adjudication for an act that would
16constitute a felony if committed by an adult, other than an
17adjudication for an offense involving marijuana, hashish, hash
18oil, or salvia divinorum, and less than three (3) years have
19elapsed between commission of the act and the commission of
20the Level 3 felony for which the person is being sentenced;
21 the court may suspend only that part of a sentence that is in excess of
22 the minimum sentence for the Level 2 felony or the Level 3 felony.
23     (b) A court may suspend only that part of a felony that is in
24 excess of the minimum sentence for the felony if:
25(1) the person has a prior unrelated:
26(A) conviction for a felony; or
27(B) juvenile adjudication for a delinquent act that is a
28felony offense, if less than three (3) years have elapsed
29between commission of the delinquent act and the
30commission of the felony for which the person is being
31sentenced;
32(2) the felony is a Level 2 felony; or
33(3) the felony is a crime of violence (as defined by
34IC 35-50-1-2).
35     (c) The court may suspend only that part of a sentence for murder
36 or a Level 1 felony conviction that is in excess of the minimum
37 sentence for murder or the Level 1 felony conviction.
38     (d) The court may suspend any part of a sentence for an offense
39 filed in adult court under IC 31-30-1-4(d), unless the offense is murder
40 (IC 35-42-1-1).
41     SECTION 30. IC 35-50-6-3.3, AS AMENDED BY THE
42 TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
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                                    29
1 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2026]: Sec. 3.3. (a) In addition to any educational credit a
3 person earns under subsection (b), or good time credit a person earns
4 under section 3 or 3.1 of this chapter, a person earns educational credit
5 if the person:
6(1) is in credit Class I, Class A, or Class B;
7(2) has demonstrated a pattern consistent with rehabilitation; and
8(3) successfully completes requirements to obtain one (1) of the
9following:
10(A) A general educational development (GED) diploma under
11IC 20-20-6 (before its repeal) or IC 22-4.1-18, if the person
12has not previously obtained a high school diploma.
13(B) Except as provided in subsection (o), a high school
14diploma, if the person has not previously obtained a general
15educational development (GED) diploma.
16(C) An associate degree from an approved postsecondary
17educational institution (as defined under IC 21-7-13-6(a))
18earned during the person's incarceration.
19(D) A bachelor bachelor's degree from an approved
20postsecondary educational institution (as defined under
21IC 21-7-13-6(a)) earned during the person's incarceration.
22     (b) In addition to any educational credit that a person earns under
23 subsection (a), or good time credit a person earns under section 3 or 3.1
24 of this chapter, a person may earn educational credit if, while confined
25 by the department of correction, the person:
26(1) is in credit Class I, Class A, or Class B;
27(2) demonstrates a pattern consistent with rehabilitation; and
28(3) successfully completes requirements for at least one (1) of the
29following:
30(A) To obtain a certificate of completion of a career and
31technical or vocational education program approved by the
32department of correction.
33(B) To obtain a certificate of completion of a substance abuse
34program approved by the department of correction.
35(C) To obtain a certificate of completion of a literacy and basic
36life skills program approved by the department of correction.
37(D) To obtain a certificate of completion of a reformative
38program approved by the department of correction.
39(E) An individualized case management plan approved by the
40department of correction.
41     (c) The department of correction shall establish admissions criteria
42 and other requirements for programs available for earning educational
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                                   30
1 credit under subsection (b). A person may not earn educational credit
2 under this section for the same program of study. The department of
3 correction, in consultation with the department of workforce
4 development, shall approve a program only if the program is likely to
5 lead to an employable occupation.
6    (d) The amount of educational credit a person may earn under this
7 section is the following:
8(1) Six (6) months for completion of a state of Indiana general
9educational development (GED) diploma under IC 20-20-6
10(before its repeal) or IC 22-4.1-18.
11(2) One (1) year for graduation from high school.
12(3) Not more than one (1) year for completion of an associate
13degree.
14(4) Not more than two (2) years for completion of a bachelor
15bachelor's degree.
16(5) Not more than a total of one (1) year, as determined by the
17department of correction, for the completion of one (1) or more
18career and technical or vocational education programs approved
19by the department of correction.
20(6) Not more than a total of six (6) months, as determined by the
21department of correction, for the completion of one (1) or more
22substance abuse programs approved by the department of
23correction.
24(7) Not more than a total of six (6) months, as determined by the
25department of correction, for the completion of one (1) or more
26literacy and basic life skills programs approved by the department
27of correction.
28(8) Not more than a total of six (6) months, as determined by the
29department of correction, for completion of one (1) or more
30reformative programs approved by the department of correction.
31However, a person who is serving a sentence for an offense listed
32under IC 11-8-8-4.5 may not earn educational credit under this
33subdivision.
34(9) An amount Not more than a total of six (6) months, as
35determined by the department of correction, for the completion
36of one (1) or more programs offered under a policy adopted by
37the department of correction concerning the individualized case
38management plan, not to exceed the maximum amount described
39in subsection (j). subsection (j)(2).
40 However, a person who does not have a substance abuse problem that
41 qualifies the person to earn educational credit in a substance abuse
42 program may earn not more than a total of twelve (12) months of
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                                    31
1 educational credit, as determined by the department of correction, for
2 the completion of one (1) or more career and technical or vocational
3 education programs approved by the department of correction. If a
4 person earns more than six (6) months of educational credit for the
5 completion of one (1) or more career and technical or vocational
6 education programs, the person is ineligible to earn educational credit
7 for the completion of one (1) or more substance abuse programs.
8    (e) Educational credit earned under this section must be directly
9 proportional to the time served and course work completed while
10 incarcerated. The department of correction shall adopt rules under
11 IC 4-22-2 necessary to implement this subsection.
12    (f) Educational credit earned by a person under this section is
13 subtracted from the release date that would otherwise apply to the
14 person by the sentencing court after subtracting all other credit time
15 earned by the person.
16    (g) A person does not earn educational credit under subsection (a)
17 unless the person completes at least a portion of the degree
18 requirements after June 30, 1993.
19    (h) A person does not earn educational credit under subsection (b)
20 unless the person completes at least a portion of the program
21 requirements after June 30, 1999.
22    (i) Educational credit earned by a person under subsection (a) for a
23 diploma or degree completed before July 1, 1999, shall be subtracted
24 from:
25(1) the release date that would otherwise apply to the person after
26subtracting all other credit time earned by the person, if the
27person has not been convicted of an offense described in
28subdivision (2); or
29(2) the period of imprisonment imposed on the person by the
30sentencing court, if the person has been convicted of one (1) of
31the following crimes:
32(A) Rape (IC 35-42-4-1).
33(B) Criminal deviate conduct (IC 35-42-4-2) (before its
34repeal).
35(C) Child molesting (IC 35-42-4-3).
36(D) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
37(E) Vicarious sexual gratification (IC 35-42-4-5).
38(F) Child solicitation (IC 35-42-4-6).
39(G) Child seduction (IC 35-42-4-7).
40(H) Sexual misconduct with a minor (IC 35-42-4-9) as a:
41(i) Class A felony, Class B felony, or Class C felony for a
42crime committed before July 1, 2014; or
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                                    32
1(ii) Level 1, Level 2, or Level 4 felony, for a crime
2committed after June 30, 2014.
3(I) Incest (IC 35-46-1-3).
4(J) Sexual battery (IC 35-42-4-8).
5(K) Kidnapping (IC 35-42-3-2), if the victim is less than
6eighteen (18) years of age.
7(L) Criminal confinement (IC 35-42-3-3), if the victim is less
8than eighteen (18) years of age.
9     (j) The maximum amount of educational credit a person may earn
10 under this section is the lesser of:
11(1) two (2) years; or
12(2) one-third (1/3) of the person's total applicable credit time.
13     (k) Educational credit earned under this section by an offender
14 serving a sentence for stalking (IC 35-45-10-5), a felony against a
15 person under IC 35-42, or for a crime listed in IC 11-8-8-5, shall be
16 reduced to the extent that application of the educational credit would
17 otherwise result in:
18(1) postconviction release (as defined in IC 35-40-4-6); or
19(2) assignment of the person to a community transition program;
20 in less than forty-five (45) days after the person earns the educational
21 credit.
22     (l) A person may earn educational credit for multiple degrees at the
23 same education level under subsection (d) only in accordance with
24 guidelines approved by the department of correction. The department
25 of correction may approve guidelines for proper sequence of education
26 degrees under subsection (d).
27     (m) A person may not earn educational credit:
28(1) for a general educational development (GED) diploma if the
29person has previously earned a high school diploma; or
30(2) for a high school diploma if the person has previously earned
31a general educational development (GED) diploma.
32     (n) A person may not earn educational credit under this section if
33 the person:
34(1) commits an offense listed in IC 11-8-8-4.5 while the person is
35required to register as a sex or violent offender under IC 11-8-8-7;
36and
37(2) is committed to the department of correction after being
38convicted of the offense listed in IC 11-8-8-4.5.
39     (o) For a person to earn educational credit under subsection
40 (a)(3)(B) for successfully completing the requirements for a high
41 school diploma through correspondence courses, each correspondence
42 course must be approved by the department before the person begins
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                                   33
1 the correspondence course. The department may approve a
2 correspondence course only if the entity administering the course is
3 recognized and accredited by the department of education in the state
4 where the entity is located.
5    (p) The department of correction shall, before May 1, 2023, submit
6 a report to the legislative council, in an electronic format under
7 IC 5-14-6, concerning the implementation of the individualized case
8 management plan. The report must include the following:
9      (1) The ratio of case management staff to offenders participating
10      in the individualized case management plan as of January 1, 2023.
11      (2) The average number of days awarded to offenders
12      participating in the individualized case management plan from
13      January 1, 2022, through December 31, 2022.
14      (3) The percentage of the prison population currently participating
15      in an individualized case management plan as of January 1, 2023.
16      (4) Any other data points or information related to the status of
17      the implementation of the individualized case management plan.
18    This subsection expires June 30, 2023.
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                              34
                  COMMITTEE REPORT
Mr. President: The Senate Committee on Corrections and Criminal
Law, to which was referred Senate Bill No. 252, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 23, between lines 10 and 11, begin a new paragraph and insert:
"SECTION 25. IC 35-45-3-4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 4. A person who places or leaves refuse on the
property of another person, with the intent to cause:
  (1) the owner or occupant of the property;
  (2) an invitee of the owner or occupant of the property; or
  (3) a family member or person closely associated with a
  person described in subdivision (1) or (2);
to reasonably fear for their physical safety, commits malicious
littering, a Class A misdemeanor.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
   (Reference is to SB 252 as introduced.)
                                         FREEMAN, Chairperson
Committee Vote: Yeas 7, Nays 2.
SB 252—LS 7112/DI 106