HB 1159

  • Indiana House Bill
  • 2020 Regular Session
  • Introduced in House
  • House
  • Senate
  • Governor

Juvenile expungements and firearms matters.

Abstract

Requires a juvenile court to transmit certain findings to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) upon a finding of delinquency for an act that would be a serious violent felony if committed by an adult. Allows a court to consider the following factors when evaluating a petition to expunge certain juvenile adjudications: (1) Whether a person has been charged with or convicted of murder or another felony offense as an adult. (2) Whether a person has ever been waived to adult court for an offense. (3) Whether a person has ever received a nonsuspendable sentence as a juvenile. (4) Whether the person has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult. (5) Whether the person: (A) is currently suffering from a mental health issue; (B) has an ongoing or chronic mental health issue; (C) has received or is receiving treatment for a mental health issue; or (D) is complying with a treatment regimen recommended by a mental health professional, if applicable. Prohibits a court from expunging certain records in the absence of a petition requesting the expungement. Requires a court to transmit certain court orders to the office of judicial administration when granting a petition requesting the expungement of certain juvenile records. Provides that a person who: (1) has been adjudicated a delinquent child for the commission of an act while armed with a firearm that would be a serious violent felony if committed by an adult; (2) has not had the juvenile adjudication expunged; and (3) knowingly or intentionally possesses a firearm; commits unlawful possession of a firearm by a dangerous person, a Class A misdemeanor. Specifies that the offense is enhanced to a Level 4 felony if the person has a prior unrelated conviction for the offense. Provides that a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult is not a proper person for the purpose of receiving a license to carry a handgun. Beginning January 1, 2021: (1) requires the office of judicial administration to collect, monitor, and publish certain statistics related to the confiscation and retention of firearms taken from dangerous individuals; and (2) requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Allows the office of judicial administration to provide certain information to a law enforcement agency for the purposes of handgun licenses. Provides that a person who makes a false report that another person is dangerous, for purposes of seizure and retention of firearms proceedings, knowing the report or information to be false, commits false informing, a Class B misdemeanor. Defines certain terms. Makes conforming amendments.

Bill Sponsors (3)

Votes


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Actions


Jan 27, 2020

House

Representative Ziemke added as coauthor

Jan 23, 2020

House

Committee report: amend do pass, adopted

Jan 08, 2020

House

Coauthored by Representative Torr

House

Authored by Representative Schaibley

House

First reading: referred to Committee on Courts and Criminal Code

  • Reading-1
  • Referral-Committee
courts and criminal code

Bill Text

Bill Text Versions Format
Introduced House Bill (H) PDF
House Bill (H) PDF

Related Documents

Document Format
Fiscal Note: HB1159.02.COMH.FN001 PDF
Floor Amendment: HB1159.02.COMH.AMH001 PDF
Floor Amendment: HB1159.02.COMH.AMH002 PDF
Committee Report: HB1159.01.INTR.CRH001 PDF
Fiscal Note: HB1159.01.INTR.FN001 PDF
Committee Amendment: HB1159.01.INTR.AMH03 PDF

Sources

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