Indiana 2022 Regular Session

Indiana House Bill HB1032 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB1032.1~~
2		-	~~January 24, 2022~~
	1	+
	2	+	Introduced Version
3	3		HOUSE BILL No. 1032
4	4		_____
5		-	DIGEST OF ~~HB 1032 (Updated January 24, 2022 9:24 am - DI 140)~~
6		-	Citations Affected: IC 16-41; IC 35-31.5; IC 35-42; ~~IC 35-45;~~
7		-	IC 35-52.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 16-41; IC 35-31.5-2-152.5; IC 35-42-2-1;
	7	+	IC 35-45; IC 35-52-16-58.
8	8		Synopsis: Human immunodeficiency virus. Removes sentencing
9	9		enhancements for battery and malicious mischief that relate to the
10	10		human immunodeficiency virus (HIV). Repeals certain offenses
11	11		concerning the donation, sale, or transfer of blood or semen that
12	12		contains HIV. Makes conforming amendments.
13	13		Effective: July 1, 2022.
14		-	Eberhart, Clere, Ziemke,
15		-	Shackleford
	14	+	Eberhart
16	15		January 4, 2022, read first time and referred to Committee on Courts and Criminal Code.
17		-	January 24, 2022, reported — Do Pass.
18		-	HB 1032—LS 6525/DI 144 January 24, 2022
	16	+	2022 IN 1032—LS 6525/DI 144 Introduced
19	17		Second Regular Session of the 122nd General Assembly (2022)
20	18		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	19		Constitution) is being amended, the text of the existing provision will appear in this style type,
22	20		additions will appear in this style type, and deletions will appear in this style type.
23	21		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	22		provision adopted), the text of the new provision will appear in this style type. Also, the
25	23		word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	24		a new provision to the Indiana Code or the Indiana Constitution.
27	25		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	26		between statutes enacted by the 2021 Regular Session of the General Assembly.
29	27		HOUSE BILL No. 1032
30	28		A BILL FOR AN ACT to amend the Indiana Code concerning
31	29		criminal law and procedure.
32	30		Be it enacted by the General Assembly of the State of Indiana:
33	31		1 SECTION 1. IC 16-41-8-1, AS AMENDED BY P.L.130-2021,
34	32		2 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35	33		3 JULY 1, 2022]: Sec. 1. (a) As used in this chapter, "potentially disease
36	34		4 transmitting offense" means any of the following:
37	35		5 (1) Battery (IC 35-42-2-1) or domestic battery (IC 35-42-2-1.3)
38	36		6 involving placing a bodily fluid or waste on another person.
39	37		7 (2) An offense relating to a criminal sexual act (as defined in
40	38		8 IC 35-31.5-2-216), if sexual intercourse or other sexual conduct
41	39		9 (as defined in IC 35-31.5-2-221.5) occurred.
42	40		10 The term includes an attempt to commit an offense, if sexual
43	41		11 intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5)
44	42		12 occurred, and a delinquent act that would be a crime if committed by
45	43		13 an adult.
46	44		14 (b) Except as provided in this chapter, a person may not disclose or
47	45		15 be compelled to disclose medical or epidemiological information
48	46		16 involving a communicable disease or other serious disease (as set forth
49	47		17 in the list published under IC 16-41-2-1). This information may not be
50		-	HB 1032—LS 6525/DI 144 2
	48	+	2022 IN 1032—LS 6525/DI 144 2
51	49		1 released or made public upon subpoena or otherwise, except under the
52	50		2 following circumstances:
53	51		3 (1) Release may be made of medical or epidemiologic information
54	52		4 for statistical purposes if done in a manner that does not identify
55	53		5 an individual.
56	54		6 (2) Release may be made of medical or epidemiologic information
57	55		7 with the written consent of all individuals identified in the
58	56		8 information released.
59	57		9 (3) Release may be made of medical or epidemiologic information
60	58		10 to the extent necessary to enforce public health laws, laws
61	59		11 described in IC 31-37-19-4 through IC 31-37-19-6, IC 31-37-19-9
62	60		12 through IC 31-37-19-10, IC 31-37-19-12 through IC 31-37-19-23,
63	61		13 IC 35-38-1-7.1, and IC 35-45-21-1 (before its repeal) or to
64	62		14 protect the health or life of a named party.
65	63		15 (4) Release may be made of the medical information of a person
66	64		16 in accordance with this chapter.
67	65		17 (5) Release may be made of the medical information or
68	66		18 epidemiologic information of a person to an Indiana nonprofit
69	67		19 entity that performs health data services for health care providers
70	68		20 if the state department:
71	69		21 (A) determines that the release is necessary as part of a
72	70		22 response to a public health event, including an outbreak,
73	71		23 epidemic, or pandemic; and
74	72		24 (B) executes a data use agreement with the entity that specifies
75	73		25 the permitted use and disclosure of any released information.
76	74		26 (c) Except as provided in this chapter, a person responsible for
77	75		27 recording, reporting, or maintaining information required to be reported
78	76		28 under IC 16-41-2 who recklessly, knowingly, or intentionally discloses
79	77		29 or fails to protect medical or epidemiologic information classified as
80	78		30 confidential under this section commits a Class A misdemeanor.
81	79		31 (d) In addition to subsection (c), a public employee who violates this
82	80		32 section is subject to discharge or other disciplinary action under the
83	81		33 personnel rules of the agency that employs the employee.
84	82		34 (e) Release shall be made of the medical records concerning an
85	83		35 individual to:
86	84		36 (1) the individual;
87	85		37 (2) a person authorized in writing by the individual to receive the
88	86		38 medical records; or
89	87		39 (3) a coroner under IC 36-2-14-21.
90	88		40 (f) An individual may voluntarily disclose information about the
91	89		41 individual's communicable disease.
92	90		42 (g) The provisions of this section regarding confidentiality apply to
93		-	HB 1032—LS 6525/DI 144 3
	91	+	2022 IN 1032—LS 6525/DI 144 3
94	92		1 information obtained under IC 16-41-1 through IC 16-41-16.
95	93		2 SECTION 2. IC 16-41-12-15, AS AMENDED BY P.L.133-2020,
96	94		3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
97	95		4 JULY 1, 2022]: Sec. 15. (a) A blood center shall require a blood donor
98	96		5 to provide to the blood center the following information:
99	97		6 (1) Name.
100	98		7 (2) Address.
101	99		8 (3) Date of birth.
102	100		9 (4) The blood donor's Social Security number, if the blood donor
103	101		10 is receiving monetary compensation for the donation.
104	102		11 (b) A blood center shall report the name and address of a blood
105	103		12 donor to the state department when a confirmatory test of the blood
106	104		13 donor's blood confirms the presence of antibodies to the human
107	105		14 immunodeficiency virus (HIV).
108	106		15 (c) A blood center shall provide to a blood donor information to
109	107		16 enable the blood donor to give informed consent to the procedures
110	108		17 required by this chapter or IC 16-36. The information required by this
111	109		18 subsection must be in the following form:
112	110		19 NOTICE
113	111		20 (1) This blood center performs a screening test for the human
114	112		21 immunodeficiency virus (HIV) on every donor's blood.
115	113		22 (2) This blood center reports to the state department of health the
116	114		23 name and address of a blood donor when a confirmatory test of
117	115		24 the blood donor's blood confirms the presence of antibodies to the
118	116		25 human immunodeficiency virus (HIV).
119	117		26 (3) A person who recklessly, knowingly, or intentionally donates
120	118		27 (excluding self-donations for stem cell transplantation, other
121	119		28 autologous donations, or donations not intended by the blood
122	120		29 center for distribution or use), sells, or transfers blood that
123	121		30 contains antibodies for the human immunodeficiency virus (HIV)
124	122		31 commits a criminal offense as described in IC 35-45-21-1.
125	123		32 SECTION 3. IC 16-41-14-13, AS AMENDED BY P.L.133-2020,
126	124		33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
127	125		34 JULY 1, 2022]: Sec. 13. A practitioner shall provide information to a
128	126		35 semen donor to enable the semen donor to give informed consent to the
129	127		36 procedures required by this chapter. The information required by this
130	128		37 section must be in the following form:
131	129		38 NOTICE
132	130		39 (1) This facility performs a screening test for the human
133	131		40 immunodeficiency virus (HIV) on every donor's blood.
134	132		41 (2) This facility reports to the state department of health the name
135	133		42 and address of a semen donor or recipient when a confirmatory
136		-	HB 1032—LS 6525/DI 144 4
	134	+	2022 IN 1032—LS 6525/DI 144 4
137	135		1 test of the semen donor's blood or the recipient's blood confirms
138	136		2 the presence of antibodies to the human immunodeficiency virus
139	137		3 (HIV).
140	138		4 (3) A person who, for the purpose of artificial insemination,
141	139		5 recklessly, knowingly, or intentionally donates, sells, or transfers
142	140		6 semen that contains antibodies for the human immunodeficiency
143	141		7 virus (HIV) commits a criminal offense as described in
144	142		8 IC 35-45-21-1.
145	143		9 SECTION 4. IC 16-41-14-17 IS REPEALED [EFFECTIVE JULY
146	144		10 1, 2022]. Sec. 17. (a) This section does not apply to a person who
147	145		11 transfers for research purposes semen that contains antibodies for the
148	146		12 human immunodeficiency virus (HIV).
149	147		13 (b) A person who, for the purpose of artificial insemination,
150	148		14 recklessly, knowingly, or intentionally donates, sells, or transfers semen
151	149		15 that contains antibodies for the human immunodeficiency virus (HIV)
152	150		16 commits transferring contaminated semen, a Level 5 felony. The
153	151		17 offense is a Level 4 felony if the offense results in the transmission of
154	152		18 the virus to another person.
155	153		19 SECTION 5. IC 35-31.5-2-152.5 IS REPEALED [EFFECTIVE
156	154		20 JULY 1, 2022]. Sec. 152.5. "HIV", for purposes of IC 35-45-16, has the
157	155		21 meaning set forth in IC 35-45-16-1.
158	156		22 SECTION 6. IC 35-42-2-1, AS AMENDED BY P.L.142-2020,
159	157		23 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
160	158		24 JULY 1, 2022]: Sec. 1. (a) As used in this section, "public safety
161	159		25 official" means:
162	160		26 (1) a law enforcement officer, including an alcoholic beverage
163	161		27 enforcement officer;
164	162		28 (2) an employee of a penal facility or a juvenile detention facility
165	163		29 (as defined in IC 31-9-2-71);
166	164		30 (3) an employee of the department of correction;
167	165		31 (4) a probation officer;
168	166		32 (5) a parole officer;
169	167		33 (6) a community corrections worker;
170	168		34 (7) a home detention officer;
171	169		35 (8) a department of child services employee;
172	170		36 (9) a firefighter;
173	171		37 (10) an emergency medical services provider;
174	172		38 (11) a judicial officer;
175	173		39 (12) a bailiff of any court; or
176	174		40 (13) a special deputy (as described in IC 36-8-10-10.6).
177	175		41 (b) As used in this section, "relative" means an individual related by
178	176		42 blood, half-blood, adoption, marriage, or remarriage, including:
179		-	HB 1032—LS 6525/DI 144 5
	177	+	2022 IN 1032—LS 6525/DI 144 5
180	178		1 (1) a spouse;
181	179		2 (2) a parent or stepparent;
182	180		3 (3) a child or stepchild;
183	181		4 (4) a grandchild or stepgrandchild;
184	182		5 (5) a grandparent or stepgrandparent;
185	183		6 (6) a brother, sister, stepbrother, or stepsister;
186	184		7 (7) a niece or nephew;
187	185		8 (8) an aunt or uncle;
188	186		9 (9) a daughter-in-law or son-in-law;
189	187		10 (10) a mother-in-law or father-in-law; or
190	188		11 (11) a first cousin.
191	189		12 (c) Except as provided in subsections (d) through (k), a person who
192	190		13 knowingly or intentionally:
193	191		14 (1) touches another person in a rude, insolent, or angry manner;
194	192		15 or
195	193		16 (2) in a rude, insolent, or angry manner places any bodily fluid or
196	194		17 waste on another person;
197	195		18 commits battery, a Class B misdemeanor.
198	196		19 (d) The offense described in subsection (c)(1) or (c)(2) is a Class A
199	197		20 misdemeanor if it:
200	198		21 (1) results in bodily injury to any other person; or
201	199		22 (2) is committed against a member of a foster family home (as
202	200		23 defined in IC 35-31.5-2-139.3) by a person who is not a resident
203	201		24 of the foster family home if the person who committed the offense
204	202		25 is a relative of a person who lived in the foster family home at the
205	203		26 time of the offense.
206	204		27 (e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
207	205		28 felony if one (1) or more of the following apply:
208	206		29 (1) The offense results in moderate bodily injury to any other
209	207		30 person.
210	208		31 (2) The offense is committed against a public safety official while
211	209		32 the official is engaged in the official's official duty.
212	210		33 (3) The offense is committed against a person less than fourteen
213	211		34 (14) years of age and is committed by a person at least eighteen
214	212		35 (18) years of age.
215	213		36 (4) The offense is committed against a person of any age who has
216	214		37 a mental or physical disability and is committed by a person
217	215		38 having the care of the person with the mental or physical
218	216		39 disability, whether the care is assumed voluntarily or because of
219	217		40 a legal obligation.
220	218		41 (5) The offense is committed against an endangered adult (as
221	219		42 defined in IC 12-10-3-2).
222		-	HB 1032—LS 6525/DI 144 6
	220	+	2022 IN 1032—LS 6525/DI 144 6
223	221		1 (6) The offense:
224	222		2 (A) is committed against a member of a foster family home (as
225	223		3 defined in IC 35-31.5-2-139.3) by a person who is not a
226	224		4 resident of the foster family home if the person who committed
227	225		5 the offense is a relative of a person who lived in the foster
228	226		6 family home at the time of the offense; and
229	227		7 (B) results in bodily injury to the member of the foster family.
230	228		8 (f) The offense described in subsection (c)(2) is a Level 6 felony if
231	229		9 the person knew or recklessly failed to know that the bodily fluid or
232	230		10 waste placed on another person was infected with hepatitis or
233	231		11 tuberculosis. or human immunodeficiency virus.
234	232		12 (g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
235	233		13 felony if one (1) or more of the following apply:
236	234		14 (1) The offense results in serious bodily injury to another person.
237	235		15 (2) The offense is committed with a deadly weapon.
238	236		16 (3) The offense results in bodily injury to a pregnant woman if the
239	237		17 person knew of the pregnancy.
240	238		18 (4) The person has a previous conviction for a battery offense
241	239		19 included in this chapter against the same victim.
242	240		20 (5) The offense results in bodily injury to one (1) or more of the
243	241		21 following:
244	242		22 (A) A public safety official while the official is engaged in the
245	243		23 official's official duties.
246	244		24 (B) A person less than fourteen (14) years of age if the offense
247	245		25 is committed by a person at least eighteen (18) years of age.
248	246		26 (C) A person who has a mental or physical disability if the
249	247		27 offense is committed by an individual having care of the
250	248		28 person with the disability, regardless of whether the care is
251	249		29 assumed voluntarily or because of a legal obligation.
252	250		30 (D) An endangered adult (as defined in IC 12-10-3-2).
253	251		31 (h) The offense described in subsection (c)(2) is a Level 5 felony if:
254	252		32 (1) the person knew or recklessly failed to know that the bodily
255	253		33 fluid or waste placed on another person was infected with
256	254		34 hepatitis or tuberculosis; or human immunodeficiency virus; and
257	255		35 (2) the person placed the bodily fluid or waste on a public safety
258	256		36 official.
259	257		37 (i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
260	258		38 felony if it results in serious bodily injury to an endangered adult (as
261	259		39 defined in IC 12-10-3-2).
262	260		40 (j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
263	261		41 felony if it results in serious bodily injury to a person less than fourteen
264	262		42 (14) years of age if the offense is committed by a person at least
265		-	HB 1032—LS 6525/DI 144 7
	263	+	2022 IN 1032—LS 6525/DI 144 7
266	264		1 eighteen (18) years of age.
267	265		2 (k) The offense described in subsection (c)(1) or (c)(2) is a Level 2
268	266		3 felony if it results in the death of one (1) or more of the following:
269	267		4 (1) A person less than fourteen (14) years of age if the offense is
270	268		5 committed by a person at least eighteen (18) years of age.
271	269		6 (2) An endangered adult (as defined in IC 12-10-3-2).
272	270		7 SECTION 7. IC 35-45-16-1 IS REPEALED [EFFECTIVE JULY 1,
273	271		8 2022]. Sec. 1. As used in this chapter, "HIV" refers to the human
274	272		9 immunodeficiency virus.
275	273		10 SECTION 8. IC 35-45-16-2, AS AMENDED BY P.L.158-2013,
276	274		11 SECTION 545, IS AMENDED TO READ AS FOLLOWS
277	275		12 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) As used in this section, "body
278	276		13 fluid" means:
279	277		14 (1) blood;
280	278		15 (2) saliva;
281	279		16 (3) sputum;
282	280		17 (4) semen;
283	281		18 (5) vaginal secretions;
284	282		19 (6) human milk;
285	283		20 (7) urine;
286	284		21 (8) sweat;
287	285		22 (9) tears;
288	286		23 (10) any other liquid produced by the body; or
289	287		24 (11) any aerosol generated form of liquids listed in this
290	288		25 subsection.
291	289		26 (b) As used in this section, "infectious hepatitis" means:
292	290		27 (1) hepatitis A;
293	291		28 (2) hepatitis B;
294	292		29 (3) hepatitis C;
295	293		30 (4) hepatitis D;
296	294		31 (5) hepatitis E; or
297	295		32 (6) hepatitis G.
298	296		33 (c) A person who recklessly, knowingly, or intentionally places
299	297		34 human:
300	298		35 (1) body fluid; or
301	299		36 (2) fecal waste;
302	300		37 in a location with the intent that another person will involuntarily touch
303	301		38 the body fluid or fecal waste commits malicious mischief, a Class B
304	302		39 misdemeanor.
305	303		40 (d) An offense described in subsection (c) is a:
306	304		41 (1) Level 6 felony if the person knew or recklessly failed to know
307	305		42 that the body fluid or fecal waste was infected with:
308		-	HB 1032—LS 6525/DI 144 8
	306	+	2022 IN 1032—LS 6525/DI 144 8
309	307		1 (A) infectious hepatitis; or
310	308		2 (B) HIV; or
311	309		3 (C) (B) tuberculosis; and
312	310		4 (2) Level 5 felony if:
313	311		5 (A) the person knew or recklessly failed to know that the body
314	312		6 fluid or fecal waste was infected with infectious hepatitis and
315	313		7 the offense results in the transmission of infectious hepatitis to
316	314		8 the other person; or
317	315		9 (B) the person knew or recklessly failed to know that the body
318	316		10 fluid or fecal waste was infected with tuberculosis and the
319	317		11 offense results in the transmission of tuberculosis to the other
320	318		12 person. and
321	319		13 (3) Level 4 felony if:
322	320		14 (A) the person knew or recklessly failed to know that the body
323	321		15 fluid or fecal waste was infected with HIV; and
324	322		16 (B) the offense results in the transmission of HIV to the other
325	323		17 person.
326	324		18 (e) A person who recklessly, knowingly, or intentionally places
327	325		19 human:
328	326		20 (1) body fluid; or
329	327		21 (2) fecal waste;
330	328		22 in a location with the intent that another person will ingest the body
331	329		23 fluid or fecal waste commits malicious mischief with food, a Class A
332	330		24 misdemeanor.
333	331		25 (f) An offense described in subsection (e) is:
334	332		26 (1) a Level 6 felony if the person knew or recklessly failed to
335	333		27 know that the body fluid or fecal waste was infected with:
336	334		28 (A) infectious hepatitis; or
337	335		29 (B) HIV; or
338	336		30 (C) (B) tuberculosis; and
339	337		31 (2) a Level 5 felony if:
340	338		32 (A) the person knew or recklessly failed to know that the body
341	339		33 fluid or fecal waste was infected with infectious hepatitis and
342	340		34 the offense results in the transmission of infectious hepatitis to
343	341		35 the other person; or
344	342		36 (B) the person knew or recklessly failed to know that the body
345	343		37 fluid or fecal waste was infected with tuberculosis and the
346	344		38 offense results in the transmission of tuberculosis to the other
347	345		39 person. and
348	346		40 (3) a Level 4 felony if:
349	347		41 (A) the person knew or recklessly failed to know that the body
350	348		42 fluid or fecal waste was infected with HIV; and
351		-	HB 1032—LS 6525/DI 144 9
	349	+	2022 IN 1032—LS 6525/DI 144 9
352	350		1 (B) the offense results in the transmission of HIV to the other
353	351		2 person.
354	352		3 SECTION 9. IC 35-45-21-1 IS REPEALED [EFFECTIVE JULY 1,
355	353		4 2022]. Sec. 1. (a) As used in this section, "blood" has the meaning set
356	354		5 forth in IC 16-41-12-2.5.
357	355		6 (b) A person who recklessly, knowingly, or intentionally donates,
358	356		7 sells, or transfers blood or semen for artificial insemination (as defined
359	357		8 in IC 16-41-14-2) that contains the human immunodeficiency virus
360	358		9 (HIV) commits transferring contaminated body fluids, a Level 5 felony.
361	359		10 (c) However, the offense under subsection (b) is a Level 3 felony if
362	360		11 it results in the transmission of the human immunodeficiency virus
363	361		12 (HIV) to any person other than the defendant.
364	362		13 (d) This section does not apply to:
365	363		14 (1) a person who, for reasons of privacy, donates, sells, or
366	364		15 transfers blood at a blood center (as defined in IC 16-41-12-3)
367	365		16 after the person has notified the blood center that the blood must
368	366		17 be disposed of and may not be used for any purpose;
369	367		18 (2) a person who transfers blood semen, or another body fluid that
370	368		19 contains the human immunodeficiency virus (HIV) for research
371	369		20 purposes; or
372	370		21 (3) a person who is an autologous blood donor for stem cell
373	371		22 transplantation.
374	372		23 SECTION 10. IC 35-52-16-58 IS REPEALED [EFFECTIVE JULY
375	373		24 1, 2022]. Sec. 58. IC 16-41-14-17 defines a crime concerning
376	374		25 communicable diseases.
377		-	HB 1032—LS 6525/DI 144 10
378		-	COMMITTEE REPORT
379		-	Mr. Speaker: Your Committee on Courts and Criminal Code, to
380		-	which was referred House Bill 1032, has had the same under
381		-	consideration and begs leave to report the same back to the House with
382		-	the recommendation that said bill do pass.
383		-	(Reference is to HB 1032 as introduced.)
384		-	MCNAMARA
385		-	Committee Vote: Yeas 6, Nays 3
386		-	HB 1032—LS 6525/DI 144
	375	+	2022 IN 1032—LS 6525/DI 144