NEWS

6 new Indiana laws now in effect

Marisa Kwiatkowski
marisa.kwiatkowski@indystar.com
Beginning July 1, the passing lane will be enforced. Left-lane motorists holding up faster traffic will be ticketed if they don't yield into the right lane.

This story originally published Tuesday, June 30, 2015.

From manufactured sawed-off shotguns to beheadings to religious freedom, Indiana lawmakers tackled myriad issues during the most recent legislative session.

Here are six state laws — among many — that go into effect Wednesday:

Move over, slowpokes

Beginning Wednesday, police can ticket motorists in the left lane if they hold up faster drivers behind them and don't move to the right.

Those who violate the law are committing a Class C infraction and may be subject to a ticket at the officer's discretion. The maximum fine for that offense is $500.

State Rep. Jud McMillin, R-Brookville, who sponsored the bill, said it is intended to get drivers to use the left-most lane for passing only, which also is required by law.

Jenny Wendt, a rape victim from Hancock County, lobbied state legislators to eliminate Indiana’s five-year statute of limitations on filing criminal rape charges. Her rapist confessed but faced no conviction because the statute of limitations had expired. Legislators later amended the law to allow such charges to be filed under certain circumstances.

Extending justice for rape victims

Starting Wednesday, prosecutors can file rape charges after Indiana's five-year time limit has expired under three sets of circumstances:

• When DNA evidence is discovered or identifies a suspect.

• When new recordings, such as video or photographs, are discovered.

• When a confession is made.

In those situations — whether the new evidence is discovered six years after the crime or 50 years later — prosecutors then have an additional five years to file criminal charges.

Senate Bill 94, dubbed "Jenny's Law," fixes the loophole that prevented prosecutors from charging a Carmel man, who last year admitted raping an Indiana University-Purdue University Indianapolis student nine years earlier.

'Religious freedom'

Senate Bill 101, also known as the Religious Freedom Restoration Act or RFRA, prohibits a government entity from "substantially burdening a person's exercise of religion" — unless the government can show it has a compelling interest to do so. And the government must choose the least restrictive way to achieve its goal.

After national backlash, the legislature also passed Senate Bill 50, which says RFRA cannot be used to dilute local ordinances that prohibit discrimination against gays and lesbians.

Overhauling Indiana's tax sale system

Senate Bill 415 overhauls Indiana's tax sale system and gives local governments new tools to fight blight.

Supporters say it will allow cities to take vacant properties out of the hands of tax-delinquent landowners more quickly. Under the new system, vacant homes sold at tax sale will be transferred to a new owner immediately instead of languishing in a one-year redemption period.

Legalizing manufactured sawed-off shotguns

Indiana residents can legally own manufactured sawed-off shotguns as of Wednesday.

The law repeals a state ban and allows people to manufacture, sell or own "sawed-off shotguns," defined as shotguns with barrels 18 inches long or less and overall lengths of less than 26 inches.

Bill sponsor Sen. Jim Tomes, R-Wadesville, said the change puts state law in line with federal regulations that allow ownership of short-barreled shotguns by those who pass background checks for permits from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

The law also includes a 10-year sentence enhancement if someone possesses a sawed-off shotgun while committing certain crimes.

Beheading can trigger death penalty

If a murderer decapitates his or her victim while the victim is still alive, that person may face the death penalty.

Indiana law already provided for life in prison without parole or the death penalty for those who burned, tortured or mutilated their victim before killing them, Sen. Brent Steele said. Dismemberment after killing also could trigger the death penalty.

But decapitation wasn't considered mutilation or dismemberment after death under Indiana law.

Senate Bill 8, sponsored by Steele, added decapitation to the list of crimes eligible for the death penalty.

Star reporters Tony Cook, Brian Eason, Tim Evans and John Tuohy have contributed to this report.

Call Star reporter Marisa Kwiatkowski at (317) 444-6135. Follow her on Twitter: @IndyMarisaK.