Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 324
AN ACT to amend the Indiana Code concerning criminal law and
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 35-33-8-3.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 3.4. (a) This section applies only to a violent arrestee
or a repeat violent arrestee.
(b) The following definitions apply throughout this section:
(1) "Crime of violence" means an offense:
(A) described in IC 35-50-1-2(a); and
(B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
felony.
(2) "Repeat violent arrestee" means a person arrested for or
charged with a crime of violence who has a prior conviction
for a crime of violence.
(3) "Violent arrestee" means a person arrested for or charged
with a crime of violence.
(c) A violent arrestee or a repeat violent arrestee may only be
released on bail set individually by the court following a hearing
held in open court. Before releasing a violent arrestee or a repeat
violent arrestee on bail the court must:
(1) review the probable cause affidavit or arrest warrant; and
(2) impose money bail payable by surety bond or cash deposit.
(d) In accordance with IC 27-10-2-4.5(g)(2), a charitable bail
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organization may not pay money bail imposed under this section
on behalf of a violent arrestee or a repeat violent arrestee.
SECTION 2. IC 35-33-8-11, AS AMENDED BY P.L.84-2022,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. (a) Except as provided in subsection (c), a
court may require a person who has been charged with a crime of
domestic violence (as described in IC 35-31.5-2-78) to wear a
monitoring device as a condition of bail.
(b) A court may order a person who is required to wear a monitoring
device under subsection (a) to pay any costs associated with the
monitoring device.
(c) A court shall consider requiring a person to wear a
monitoring device as a condition of bail if the person:
(1) is charged with a crime of domestic violence (as described
in IC 35-31.5-2-78);
(2) has a prior unrelated conviction for a violent offense (as
described in IC 11-12-3.7-6); and
(3) has at least one (1) prior conviction for invasion of privacy
(as described in IC 35-46-1-15.1).
SECTION 3. IC 35-48-4-1, AS AMENDED BY P.L.48-2023,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
cocaine or a narcotic drug, pure or adulterated, classified in
schedule I or II; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
cocaine or a narcotic drug, pure or adulterated, classified in
schedule I or II;
commits dealing in cocaine or a narcotic drug, a Level 5 felony, except
as provided in subsections (b) through (e).
(b) A person may be convicted of an offense under subsection (a)(2)
only if:
(1) there is evidence in addition to the weight of the drug that the
person intended to manufacture, finance the manufacture of,
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deliver, or finance the delivery of the drug; or
(2) the amount of the drug involved is at least twenty-eight (28)
grams.
(c) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least one (1) gram but
less than five (5) grams;
(2) the amount of the drug involved is less than one (1) gram and
an enhancing circumstance applies;
(3) the drug is heroin and the amount of heroin involved,
aggregated over a period of not more than ninety (90) days, is at
least three (3) grams but less than seven (7) grams; or
(4) the drug is a fentanyl containing substance and the amount of
fentanyl containing substance involved aggregated over a period
of not more than ninety (90) days, is at least one (1) gram but is
less than three (3) grams. one (1) gram.
(d) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least five (5) grams but
less than ten (10) grams;
(2) the amount of the drug involved is at least one (1) gram but
less than five (5) grams and an enhancing circumstance applies;
(3) the drug is heroin and the amount of heroin involved,
aggregated over a period of not more than ninety (90) days, is at
least seven (7) grams but less than twelve (12) grams;
(4) the drug is heroin and:
(A) the amount of heroin involved, aggregated over a period
of not more than ninety (90) days, is at least three (3) grams
but less than seven (7) grams; and
(B) an enhancing circumstance applies;
(5) the drug is a fentanyl containing substance and the amount of
fentanyl containing substance involved, aggregated over a period
of not more than ninety (90) days, is at least three (3) grams one
(1) gram but less than seven (7) five (5) grams; or
(6) the drug is a fentanyl containing substance and:
(A) the amount of fentanyl containing substance involved
aggregated over a period of not more than ninety (90) days, is
at least one (1) gram but is less than three (3) grams; one (1)
gram; and
(B) an enhancing circumstance applies.
(e) The offense is a Level 2 felony if:
(1) the amount of the drug involved is at least ten (10) grams;
(2) the amount of the drug involved is at least five (5) grams but
less than ten (10) grams and an enhancing circumstance applies;
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(3) the drug is heroin and the amount of heroin involved,
aggregated over a period of not more than ninety (90) days, is at
least twelve (12) grams;
(4) the drug is heroin and:
(A) the amount of heroin involved, aggregated over a period
of not more than ninety (90) days, is at least seven (7) grams
but less than twelve (12) grams; and
(B) an enhancing circumstance applies;
(5) the drug is a fentanyl containing substance and the amount of
fentanyl containing substance involved, aggregated over a period
of not more than ninety (90) days, is at least seven (7) five (5)
grams; or
(6) the drug is a fentanyl containing substance and:
(A) the amount of fentanyl containing substance involved,
aggregated over a period of not more than ninety (90) days, is
at least three (3) grams one (1) gram but less than seven (7)
five (5) grams; and
(B) an enhancing circumstance applies.
SEA 324 — CC 1
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 324 — CC 1Every fact on this page links to its source, starting with the official bill record.