Indiana legislation · 2026 Regular Session
Indiana HB1301: Sentence modification.
Status: In committee, January 6, 2026
Requires the department of correction to issue a certificate of eligibility for rehabilitative release (certificate) to certain convicted persons. Provides that a certificate must be issued to the following: (1) A person sentenced for a crime other than murder who is at least 60 years of age, and has served at least 20 years in the department of correction. (2) A person serving a sentence for murder who is at least 62 years of age, and has served at least 30 years in the department of correction. Allows a convicted person who has received a certificate to file a petition for sentence modification without the consent of the prosecuting attorney. Provides certain criteria that the court must consider when ruling on a petition for sentence modification. Allows a court to grant a petition for sentence modification if the court finds, by clear and convincing evidence, that: (1) the convicted person is no longer a danger to public safety; (2) the convicted person has demonstrated significant rehabilitative efforts, including participation in educational, vocational, and therapeutic programs; and (3) the interest of justice supports sentence modification. Allows the state public defender to represent a convicted person on a petition for sentence modification that is based upon a certificate. Allows certain convicted persons to file a petition for sentence reduction. Requires a petition for sentence reduction to identify information related the convicted person, sentence sought to be reduced, and evidence in support of the request. Allows a court to dismiss an incomplete petition or set a hearing on a properly filed petition. Requires that notice of a hearing be served on the petitioner, convicted person, counsel, department of correction, prosecuting attorney, and the victim or witness. Requires a court to appoint a public defender to represent the convicted person. Provides that the court is to take certain factors into consideration when deciding a petition for sentence
What the bill says
A bill FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
From the introduced text:
A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure. SECTION 1. IC 35-31.5-2-35.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 35.4. "Certificate", for purposes of IC 35-38-1-17.5, has the meaning set forth in IC 35-38-1-17.5(a). SECTION 2. IC 35-38-1-17, AS AMENDED BY P.L.148-2024, SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 17. (a) Notwithstanding IC 1-1-5.5-21, this section applies to a person or (2) is sentenced; before July 1, 2014. (b) This section does not apply to a credit restricted felon. (c) Except as provided in subsections (k) and (m), this section does not apply to a violent criminal. (d) As used in this section, "violent criminal" means a person 2026 IN 1301--LS 6989/DI convicted of any of the following offenses: (1) Murder (IC 35-42-1-1). (2) Attempted murder (IC 35-41-5-1). (3) Voluntary manslaughter (IC 35-42-1-3). (4) Involuntary manslaughter (IC 35-42-1-4). (5) Reckless homicide (IC 35-42-1-5). (6) Aggravated battery (IC 35-42-2-1.5). (7) Kidnapping (IC 35-42-3-2). (8) Rape (IC 35-42-4-1). (9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal). (10) Child molesting (IC 35-42-4-3). (11) Sexual misconduct with a minor as a Class A felony under IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2) (for a crime …
Sponsors
- Vernon Smith (D, HD-014) · primary sponsor
Latest actions
- : First reading: referred to Committee on Courts and Criminal Code
- : Authored by Representative Smith V
Subjects: PUBLIC DEFENDER; Generally, AGENCIES; State Public Defender, CRIMINAL LAW AND PROCEDURE; Evidence, COURTS; Generally, EDUCATION; Adult Education, CRIMINAL LAW AND PROCEDURE; Prosecuting Attorneys (Non-Elected), CRIMINAL LAW AND PROCEDURE; Sentencing, SOCIAL SERVICES; Generally
Common questions
- What is HB1301?
- HB1301 is a bill in the Indiana Legislature (2026 Regular Session): Sentence modification.
- What does HB1301 do?
- In its own words: A bill FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
- What is the status of HB1301?
- In committee as of January 6, 2026. Latest action: First reading: referred to Committee on Courts and Criminal Code (January 6, 2026).
- Who sponsored HB1301?
- Vernon Smith (D, HD-014).
- Where is the official record for HB1301?
- On the Indiana Legislature website: https://iga.in.gov/legislative/2026/bills/house/1301
Source: official Indiana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.