February 29, 2000
HOUSE BILL No. 1011
DIGEST OF HB 1011
(Updated February 28, 2000 2:25 PM - DI 69)
Citations Affected: IC 5-2.
Synopsis: Bias crimes. Defines a bias crime as an offense in which the
person who committed the offense knowingly or intentionally selected
the person injured or damaged or otherwise affected property: (1)
because of the color, creed, disability, national origin, race, religion, or
sexual orientation of the injured person or of the owner or occupant of
the affected property; or (2) because the injured person or owner or
occupant of the affected property was associated with any other
recognizable group or affiliation. Requires law enforcement agencies
to collect and report information concerning bias crimes in the manner
and form prescribed by the state police department. Requires the
Indiana central repository for criminal history information to submit a
compiled report of this information to each law enforcement agency
and the legislative council.
Effective: July 1, 2000.
Porter, Fry, Summers, Crawford,
(SENATE SPONSORS _ WASHINGTON, HOWARD)
November 23, 1999, read first time and referred to Committee on Judiciary.
January 27, 2000, amended, reported _ Do Pass.
February 1, 2000, read second time, ordered engrossed.
February 2, 2000, engrossed.
February 7, 2000, read third time, passed. Yeas 65, nays 34.
February 10, 2000, read first time and referred to Committee on Judiciary.
February 24, 2000, amended, reported favorably _ Do Pass.
February 28, 2000, read second time, amended, ordered engrossed.
February 29, 2000
Second Regular Session 111th General Assembly (2000)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 1999 General Assembly.
HOUSE BILL No. 1011
A BILL FOR AN ACT to amend the Indiana Code concerning bias
crimes and criminal law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-2-5-1; (00)EH1011.2.1. -->
SECTION 1. IC 5-2-5-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 1. The following definitions apply
throughout this chapter:
(1) "Limited criminal history" means information with respect to
any arrest, indictment, information, or other formal criminal
charge, which must include a disposition. However, information
about any arrest, indictment, information, or other formal criminal
charge which occurred less than one (1) year before the date of a
request shall be considered a limited criminal history even if no
disposition has been entered.
(2) "Bias crime" means an offense in which the person who
committed the offense knowingly or intentionally:
(A) selected the person who was injured; or
(B) damaged or otherwise affected property;
by the offense because of the color, creed, disability, national
origin, race, religion, or sexual orientation of the injured
person or of the owner or occupant of the affected property or
because the injured person or owner or occupant of the
affected property was associated with any other recognizable
group or affiliation.
(3) "Council" means the security and privacy council created
under section 11 of this chapter.
(3) (4) "Criminal history data" means information collected by
criminal justice agencies, the United States Department of Justice
for the department's information system, or individuals. The term
consists of the following:
(A) Identifiable descriptions and notations of arrests,
indictments, informations, or other formal criminal charges.
(B) Information regarding an offender (as defined in
IC 5-2-12-4) obtained through sex offender registration under
(C) Any disposition, including sentencing, and correctional
system intake, transfer, and release.
(4) (5) "Criminal justice agency" means any agency or department
of any level of government whose principal function is the
apprehension, prosecution, adjudication, incarceration, probation,
rehabilitation, or representation of criminal offenders, the location
of parents with child support obligations under 42 U.S.C. 653, the
licensing and regulating of riverboat gambling operations, or the
licensing and regulating of pari-mutuel horse racing operations.
The term includes the Medicaid fraud control unit for the purpose
of investigating offenses involving Medicaid. The term includes
a nongovernmental entity that performs as its principal function
(A) apprehension, prosecution, adjudication, incarceration, or
rehabilitation of criminal offenders;
(B) location of parents with child support obligations under 42
(C) licensing and regulating of riverboat gambling operations;
(D) licensing and regulating of pari-mutuel horse racing
under a contract with an agency or department of any level of
(5) (6) "Department" means the state police department.
(6) (7) "Disposition" means information disclosing that criminal
proceedings have been concluded or indefinitely postponed.
(7) (8) "Inspection" means visual perusal and includes the right to
make memoranda abstracts of the information.
"Institute" means the Indiana criminal justice institute
established under IC 5-2-6.
"Law enforcement agency" means an agency or a
department of any level of government whose principal function
is the apprehension of criminal offenders.
"Protective order" has the meaning set forth in
"Release" means the furnishing of a copy, or an edited
copy, of criminal history data.
"Reportable offenses" means all felonies and those Class
A misdemeanors which the superintendent may designate.
"Request" means the asking for release or inspection of
a limited criminal history by noncriminal justice organizations or
individuals in a manner which:
(A) reasonably ensures the identification of the subject of the
(B) contains a statement of the purpose for which the
information is requested.
"Unidentified person" means a deceased or mentally
incapacitated person whose identity is unknown.
SOURCE: IC 5-2-5-14.3; (00)EH1011.2.2. -->
SECTION 2. IC 5-2-5-14.3 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]: Sec. 14.3. (a) A law enforcement agency shall collect
information concerning bias crimes.
(b) At least two (2) times each year, a law enforcement agency
shall submit information collected under subsection (a) to the
Indiana central repository for criminal history information.
Information shall be reported in the manner and form prescribed
by the department.
(c) At least one (1) time each year, the Indiana central
repository for criminal history information shall submit a report
that includes a compilation of information obtained under
subsection (b) to each law enforcement agency and to the legislative
council. A report submitted to a law enforcement agency and the
legislative council under this subsection may not contain the name
of a person who:
(1) committed or allegedly committed a bias crime; or
(2) was the victim or the alleged victim of a bias crime.
(d) Except as provided in subsection (e), information collected,
submitted, and reported under this section must be consistent with
guidelines established for the acquisition, preservation, and
exchange of identification records and information by:
(1) the Attorney General of the United States; or
(2) the Federal Bureau of Investigation;
under 28 U.S.C. 534 and the Hate Crime Statistics Act, as amended
(28 U.S.C. 534 note).
(e) Information submitted under subsection (b) and reports
issued under subsection (c) shall, in conformity with guidelines
prescribed by the department:
(1) be separated in reports on the basis of whether it is an
alleged crime, a charged crime, or a crime for which a
conviction has been obtained; and
(2) be divided in reports on the basis of whether, in the
opinion of the reporting individual and, or the data collectors,
the bias was the primary motivation for the crime or only
incidental to the crime.