INDIANA – The Senate Corrections and Criminal Law Committee convened to review Senate Bill (SB) 324 on January 30, a proposed law authored by Senator Aaron Freeman to revise criminal penalties in Indiana.
The bill, as amended, includes several significant changes to the state’s criminal code, particularly concerning violent offenses and bail procedures.
Key provisions of the bill include:
- Expanded Definitions: The bill amends the definitions of several criminal offenses:
- The “crime of child abuse” under Indiana Code 5-2-22-1.
- The “crime of violence” under Indiana Code 35-50-1-2 now includes Level 1 felony battery.
- The “violent offenses” under Indiana Code 11-12-3.7-6 expand to include Level 1 and Level 4 battery felonies.
- The “serious violent felonies” under Indiana Code 35-47-4-5 now include Level 1 felony battery.
- Parental Consent for Adoption: The bill adds Level 1 felony battery and Level 2 felony aggravated battery to the list of convictions in which parental consent for adoption is not required. It also removes Level 3 felony aggravated battery from the list.
- Bail Procedures: A new section has been added to Indiana Code (35-33-8-3.4) outlining stricter bail requirements for individuals arrested or charged with violent crimes. Key changes include:
- Courts are prohibited from admitting violent defendants to bail until a bail hearing has been conducted within 48 hours of arrest unless exigent circumstances prevent this timeline.
- Courts must review the probable cause affidavit or arrest warrant before bail hearings.
- Repeat and violent arrestees are not eligible for release based on the standard bail schedule. Additionally, courts must set bail amounts for repeat violent offenders equal to or exceeding the minimum bail for their most serious offenses.
- A new default bail schedule will set minimum bail amounts when no court-specific schedule exists.
- A third party may not pay bail on behalf of a repeat violent arrestee unless the third party is a close relative, as defined in Indiana Code 33-23-11-2.
- Penalties for Specific Crimes: The bill also amends penalties for several criminal offenses, including:
- Battery offenses under Indiana Code 35-42-2-1.
- Aggravated battery offenses under Indiana Code 35-42-2-1.5.
- Crimes related to fentanyl dealing (Ind. Code 35-48-4-1), methamphetamine dealing (Ind. Code 35-48-4-1.1), and methamphetamine manufacturing (Ind. Code 35-48-4-1.2).
The bill received strong support from law enforcement organizations, including the Indianapolis Fraternal Order of Police, Indiana State Fraternal Order of Police, Indiana Prosecuting Attorney Council, and the Indiana State Police. However, the Indiana Public Defender Council raised concerns about certain aspects of the bill.
After hearing testimony and discussing the amendments, the committee passed the bill with an 8-1 vote. It was recommitted to the Appropriations Committee for further consideration.
For more details, the full text of the bill is available at https://iga.in.gov/legislative/2025/bills/senate/324.
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