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House Bill 1134


House Bill 1134

ARCHIVE (2008)

Latest Information

 

DIGEST OF HB 1134 (Updated February 19, 2008 4:39 pm - DI 106)


Sex offenders. Requires a sex or violent offender to report the offender's electronic mail address and certain Internet usernames. Establishes a three tier system for sex offenders and requires offenders: (1) in Tier 3 to register for life; (2) in Tier 2 to register for 25 years; and (3) in Tier 1 to register for 15 years. Permits Tier 1 offenders to reduce their registration period by five years if they meet certain requirements, and establishes a judicial procedure to implement this reduction. Classifies persons convicted of Class A or Class B felonies violent offenders if the difference between the person's release date and the person's post incarceration supervision is less than sixty (60) days due to facility rule violations, and provides that violent offenders are required to register for life. Requires the department of correction ("the department") to determine the appropriate classification and registration period for sex or violent offenders and establishes a judicial procedure to challenge the department's determination. Specifies that persons who commit criminal deviate conduct in a correctional facility are required to register as a sex or violent offender. Requires local law enforcement to notify schools, public housing agencies, and other organizations in each county a sex offender registers when the offender registers or updates a registration. Makes numerous changes to the sex and violent offender registration requirements, including requirements related to providing electronic mail and other Internet usernames. Provides that, as a condition of probation or parole, a sex offender: (1) must consent to the search of the sex offender's computer at any time; (2) must permit installation on the sex offender's computer or device with Internet capability of hardware or software to monitor the sex offender's Internet usage; (3) must be prohibited by a probation or parole officer from using or accessing certain web sites, chat rooms, or instant messaging programs; and (4) may not delete, erase, or tamper with information on the sex offender's computer that relates to Internet usage. Requires a school corporation to include a mandatory instructional unit on safely using the Internet for grades 3 and above. Specifically provides that law enforcement officials may seize computers, cellular telephones, and other equipment used to commit or facilitate, or intended to be used to commit or facilitate, sex crimes. Specifies the court in which a petition must be filed to remove the designation as a sexually violent predator or an offender against children, and provides that the petitioner has the burden of proving that the designation should be removed. Specifies that, for purposes of sex offender exclusion zones, the distance between the residence of the sex offender, if applicable, and another piece of property is measured from the property line of the sex offender's residence to the property line of other piece of property. Requires a court or the parole board to prohibit, as a condition of probation or parole, a sex offender from residing or loitering within 500 feet of school property, a youth program center, or a public park if children are present. Increases the penalty for child molesting to a Class B felony if the child is compelled to submit to the fondling or touching by force or the threat of force. Makes it a sex offender residency offense, a Class D felony, for certain sex offenders to knowingly or intentionally reside within 500 feet of a charter school or a child care center, child care home, or child care ministry. Makes it a Class D felony for certain sex offenders to use a social networking Internet web site or an instant messaging or chat room program that the offender knows is frequented by children and if the offender contacts a child or a person the offender believes is a child through the website or program. Enhances the penalty if the person has a prior conviction, and provides a defense if the sex offender did not know that the site was frequented by children or immediately discontinues uses of the service upon learning that the site is frequented by children. Makes it child seduction, a Class D felony, for an armed forces recruiter to engage in sexual conduct with a child who is at least 16 years of age but less than 18 years of age who attends the public or nonpublic school to which the armed forces recruiter has been assigned. Makes it a Class B misdemeanor for certain persons at least 21 years of age to knowingly or intentionally communicate concerning sexual activity with a child less than 14 years of age with the intent to gratify the sexual desires of the person or the child, or to entice the child to meet the person in another location. Enhances the offense to a Class A misdemeanor if it is committed by means of a computer network. Makes it a Class D felony for an offender against children to enter school property, a public park, or a youth program center knowing that children are present. Makes it a Class B misdemeanor to photograph another person in a state of nudity without the person's consent in an area in which the person has a reasonable expectation of privacy. Makes it a Class C misdemeanor to fail to destroy a photograph of another person in a state of nudity taken with that person's consent if the person later requests that the photograph be destroyed. Provides an exception for photographs taken with written consent. Enhances the penalty for offenses relating to indecent photography if the photographs are shown to other individuals, published, or made available on the Internet. Provides that a person at least 21 years of age who repeatedly follows, pursues, or attempts to contact a child less than 10 years of age commits child stalking, a Class D felony. Exempts certain individuals and provides a good faith defense.
Current Status:
 Out of Committee 2nd House
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