HB 1303 changesSex crimes and child safety.

What changed

+159 / −367 words · LargeConfidence: high

This version of HB 1303 represents the transition from engrossed bill to enrolled act, primarily involving the removal of legislative process documentation rather than substantive policy changes. The most significant removals include the entire appendix containing committee reports, floor motions, and proposed amendments that detailed penalty enhancements, terminology changes from 'disseminate' to 'distribute,' and a defense for persons possessing fewer than three prohibited images. The appendix also contained extensive provisions on sex offender registration requirements, sexually violent predator definitions and determination procedures, exemptions for certain dating relationships, administrative reconsideration processes, and the operation of Amber, green, and silver alert programs. The bill adds an emergency clause for immediate effect upon passage. These changes appear to consolidate the bill for final enactment by removing procedural materials that documented the legislative deliberation process.

Change log

• PREAMBLE >cont.

  removedhigh confidence

  Technical/conforming change

  This change removes standard boilerplate language explaining formatting conventions used in Indiana legislative drafting (e.g., how new provisions appear in certain type styles and how conflict reconciliation text is marked). The removal does not affect any substantive legal provision of the bill.

• APPENDIX

  removedhigh confidence

  Committee report and house motion appendix removed in its entirety

  The bill's appendix, which contained a committee report and a house motion with proposed amendments, has been completely removed. The committee report detailed multiple amendments to pages 19-26, including penalty enhancements, terminology changes from 'disseminate' to 'distribute,' and additions of 'appears to be' language for age determinations. The house motion proposed adding a defense for persons possessing fewer than three prohibited images who promptly destroyed them or reported to law enforcement.

• APPENDIX >cont.

  removedhigh confidence

  Removal of appendix containing floor motions and committee report with amendments

  This section removes procedural appendix materials that documented legislative amendments and committee actions on HB 1303. The removed content included a floor motion by Representative Bascom to add child sexual abuse material offenses to a list, a floor motion by Representative Zimmerman, and a Senate Corrections and Criminal Law Committee report recommending amendments to definitions of 'missing child' and 'sex offender' in Indiana Code. These materials represent the legislative process documentation rather than substantive law, and their removal indicates the bill has moved past these procedural stages.

• APPENDIX >cont.

  removedhigh confidence

  Entire continuation of sex offender registry trigger offenses list removed

  This section deleted the continuation of an enumerated list of sex offenses that trigger registration requirements. The removed text included items 5 through 20, covering offenses such as vicarious sexual gratification, child solicitation, child seduction, sexual misconduct with a minor (with age-gap exceptions), incest, sexual battery, kidnapping and confinement of minors, child sex abuse material possession, prostitution and trafficking offenses, and sexual misconduct by service providers. The removal also eliminated subsection (b), which had extended the term to include anyone required to register in any jurisdiction or designated as a sex offender or sexually violent predator elsewhere.

• APPENDIX >cont.

  removedhigh confidence

  Section removed entirely without replacement

  This section is being deleted in its entirety. The removed text dealt with definitions and procedures related to sex offender registration requirements, including provisions for persons convicted in other jurisdictions, failure to register convictions, and juveniles adjudicated delinquent for sex offenses. The section also included court procedures for determining likelihood of repeat offenses and petitions for reconsideration after treatment.

• APPENDIX >cont.

  removedhigh confidence

  Technical/conforming change

  This section shows renumbering and cross-reference updates without substantive policy changes. References to subsection (b)(2) are updated to (b)(4), and a provision about persons convicted of failure to register is renumbered from (3) to maintain sequential order. These are mechanical adjustments to align section references.

• APPENDIX >cont.

  removedhigh confidence

  Administrative reconsideration process for sex offender registration determinations eliminated

  This section removed an administrative procedure that allowed individuals to request the department reconsider whether they were required to register as sex or violent offenders under specific subsections. The removed process required a verified written request with explanation and evidence, imposed a 30-day deadline for the department's written ruling, and allowed relief if the person established by a preponderance of the evidence they were not required to register. The section also removed text describing the standard 10-year registration period for sex or violent offenders following release, placement, parole, or probation.

• APPENDIX >cont.

  removedhigh confidence

  Detailed sexually violent predator definition deleted

  This section removes an extensive definition of "sexually violent predator" that previously covered persons convicted of specific sex offenses at age 18 or older, repeat sex offenders with prior convictions or juvenile adjudications, and certain juvenile offenders required to register. The removed text included detailed statutory citations to Indiana criminal code sections (IC 35-42-4 series) and registration requirements (IC 11-8-8 series), specifying felony class levels and effective dates for crimes committed before and after July 1, 2014. The deletion eliminates this multi-part definitional framework without replacement in this section.

• APPENDIX >cont.

  removedhigh confidence

  Sexually violent predator determination procedures eliminated

  This section removed procedures governing how courts determine whether a person is a sexually violent predator following conviction for a sex offense. The eliminated text covered automatic designation for certain offenses committed after June 30, 1994, court hearing procedures involving two psychologists or psychiatrists for non-automatic cases, registration requirements, and provisions allowing individuals to petition for removal of the designation after ten years. The removal suggests these procedures may be relocated, replaced, or eliminated from statute.

• APPENDIX >cont.

  removedhigh confidence

  Removal of sexually violent predator exemption for certain dating relationships and hearing process for predator status dismissal

  This section removed two procedural provisions. First, it eliminated a court process allowing individuals to petition for removal of their sexually violent predator designation through a hearing with testimony from two appointed mental health experts, which if successful would end conditions like lifetime parole or GPS monitoring. Second, it removed an exemption from automatic sexually violent predator classification for individuals whose offense involved a victim age 12 or older, an age gap of four years or less, and a dating or personal relationship, excluding certain serious offenses like rape, criminal deviate conduct, armed offenses, or those causing serious bodily injury.

• APPENDIX >cont.

  removedhigh confidence

  Technical/conforming change

  This section removes procedural text regarding committee amendments and votes. The removed content consists of administrative markup including a condition regarding offense facilitation by drugs, eligibility criteria for sex offense petitioners, committee reassignment instructions, vote tallies, and appropriations committee amendments with effective dates. These appear to be legislative process documents rather than substantive statutory text.

• APPENDIX >cont.

  removedhigh confidence

  Entire section governing Amber, green, and silver alert programs removed

  This section, which established the clearinghouse's operation of Amber alert (for missing/abducted children), green alert (for missing veterans at risk), and silver alert (for missing endangered adults) programs, has been deleted in its entirety. The removed provisions covered the clearinghouse's authority to operate these programs, enter agreements with broadcasters, designate staff, adopt operational guidelines, and establish criteria for issuing alerts. Broadcasters' obligations to immediately broadcast descriptions of missing persons under these programs are also eliminated.

• APPENDIX >cont.

  removedhigh confidence

  Voluntary agreement provisions between clearinghouse and broadcaster removed

  This section previously outlined optional provisions that voluntary agreements between the clearinghouse and broadcasters could include for Amber, green, and silver alert programs. These provisions covered broadcast timing and frequency, emergency treatment of alerts, and communication form requirements. The entire section, including references to subsequent IC 10-13-5-8.1 regarding electronic billboard agreements, has been removed.

• APPENDIX >cont.

  removedhigh confidence

  Alert program provisions for electronic billboard operators deleted

  This section, which governed agreements between the clearinghouse and electronic billboard operators for displaying Amber, green, and silver alerts, has been removed entirely. The deleted provisions covered staffing limitations for receiving alerts, requirements for immediate electronic transmission of missing person descriptions to billboard operators, obligations for billboard operators to display alert information, and department guidelines for voluntary alert program agreements.

• APPENDIX >cont.

  removedhigh confidence

  Provisions governing voluntary agreements between clearinghouse and electronic billboard operators for alert programs removed

  This section previously specified provisions that could be included in voluntary agreements between the clearinghouse and electronic billboard operators for displaying Amber alerts, green alerts, and silver alerts. The removed text outlined requirements for displaying alert information on an intermittent basis, treating alerts as emergencies, and ensuring communication systems are available to receive notifications when staff is present. The entire section governing these voluntary agreement provisions has been deleted.

• APPENDIX >cont.

  removedlow confidence

  Procedural appendix text removed (committee vote record and Senate motion)

  This section contained procedural parliamentary text documenting a committee vote, emergency declaration language, and a Senate amendment motion related to alert programs. The entire appendix continuation was removed. This appears to be cleanup of legislative process documentation rather than substantive bill content, as it consisted of motion language, voting records, and references to earlier bill versions.

• SECTION 38

  addedhigh confidence

  Emergency clause added for immediate effect

  This section declares an emergency for the act, which typically allows it to take effect immediately upon passage rather than following the standard delayed effective date. The section includes signature lines for the Speaker of the House, President of the Senate, President Pro Tempore, and Governor with date and time fields.

• PREAMBLE

  modifiedhigh confidence

  Bill transitions from engrossed to enrolled status, removing digest and legislative history

  The preamble has been converted from an engrossed bill format to an enrolled act format. The document identifier, digest summary, sponsor information, committee history, and detailed legislative timeline have been removed. The printing code section has been expanded to add explanations for new statutory provisions and conflict reconciliation formatting. The formal enacting clause 'Be it enacted by the General Assembly of the State of Indiana' has been added.