Introduced Version




HOUSE BILL No. 1276

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-33-8-3.5.

Synopsis: Bail. Defines "sexually violent predator defendant" as a person charged with the commission of a sex or violent offense who is a sexually violent predator. Allows a sexually violent predator defendant to be released on bail only after a hearing in open court, and requires a court releasing a sexually violent predator defendant on bail to consider whether certain statutory factors warrant exceeding applicable court or county bail guidelines.

Effective: July 1, 2008.



Pflum


    January 15, 2008, read first time and referred to Committee on Judiciary.




Introduced

Second Regular Session 115th General Assembly (2008)


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HOUSE BILL No. 1276


    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:

SOURCE: IC 35-33-8-3.5; (08)IN1276.1.1. -->     SECTION 1. IC 35-33-8-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3.5. (a) This section applies only to a sexually violent predator defendant.
    (b) As used in this section, "sexually violent predator defendant" means a person who:
        (1) is a sexually violent predator under IC 35-38-1-7.5; and
        (2) is arrested for or charged with the commission of an offense that would classify the person as a sex or violent offender (as defined in IC 11-8-8-5).
    (c) A court may not admit a sexually violent predator defendant to bail until the court has conducted a bail hearing in open court. Except as provided in section 6 of this chapter, the court shall conduct a bail hearing not later than forty-eight (48) hours after the sexually violent predator defendant has been arrested.
    (d) At the conclusion of the hearing described in subsection (c), the court shall consider whether the factors described in

IC 35-33-8-4 warrant the imposition of a bail amount that exceeds court or county guidelines, if applicable.