*EH1079.1*
February 18, 2022
ENGROSSED
HOUSE BILL No. 1079
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DIGEST OF HB 1079 (Updated February 15, 2022 1:17 pm - DI 106)
Citations Affected: IC 35-42.
Synopsis: Elements of rape. Provides that a person commits rape if the
person engages in sexual activity with another person and the person
disregards the other person's attempts to refuse the person's acts.
Effective: July 1, 2022.
Negele, Errington, Schaibley,
Shackleford
(SENATE SPONSORS — BOHACEK, BROWN L, WALKER K, GLICK,
SANDLIN, FREEMAN)
January 4, 2022, read first time and referred to Committee on Courts and Criminal Code.
January 13, 2022, reported — Do Pass.
January 18, 2022, read second time, ordered engrossed.
January 19, 2022, engrossed.
January 20, 2022, read third time, passed. Yeas 86, nays 3.
SENATE ACTION
February 1, 2022, read first time and referred to Committee on Corrections and Criminal
Law.
February 17, 2022, amended, reported favorably — Do Pass.
EH 1079—LS 6196/DI 131 February 18, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1079
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-42-4-1, AS AMENDED BY P.L.168-2014,
2 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 1. (a) Except as provided in subsection (b), a
4 person who knowingly or intentionally has sexual intercourse with
5 another person or knowingly or intentionally causes another person to
6 perform or submit to other sexual conduct (as defined in
7 IC 35-31.5-2-221.5) when:
8 (1) the other person is compelled by force or imminent threat of
9 force;
10 (2) the other person is unaware that the sexual intercourse or other
11 sexual conduct (as defined in IC 35-31.5-2-221.5) is occurring; or
12 (3) the other person is so mentally disabled or deficient that
13 consent to sexual intercourse or other sexual conduct (as defined
14 in IC 35-31.5-2-221.5) cannot be given; or
15 (4) the person disregarded the other person's attempts to
16 physically, verbally, or by other visible conduct refuse the
17 person's acts;
EH 1079—LS 6196/DI 131 2
1 commits rape, a Level 3 felony.
2 (b) An offense described in subsection (a) is a Level 1 felony if:
3 (1) it is committed by using or threatening the use of deadly force;
4 (2) it is committed while armed with a deadly weapon;
5 (3) it results in serious bodily injury to a person other than a
6 defendant; or
7 (4) the commission of the offense is facilitated by furnishing the
8 victim, without the victim's knowledge, with a drug (as defined in
9 IC 16-42-19-2(1)) or a controlled substance (as defined in
10 IC 35-48-1-9) or knowing that the victim was furnished with the
11 drug or controlled substance without the victim's knowledge.
EH 1079—LS 6196/DI 131 3
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred House Bill 1079, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to HB 1079 as introduced.)
MCNAMARA
Committee Vote: Yeas 9, Nays 1
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COMMITTEE REPORT
Madam President: The Senate Committee on Corrections and
Criminal Law, to which was referred House Bill No. 1079, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, line 14, after "given;" insert "or".
Page 1, delete lines 15 through 17, begin a new line block indented
and insert:
"(4) the person disregarded the other person's attempts to
physically, verbally, or by other visible conduct refuse the
person's acts;".
Page 2, delete lines 1 through 6.
and when so amended that said bill do pass.
(Reference is to HB 1079 as printed January 13, 2022.)
YOUNG M, Chairperson
Committee Vote: Yeas 8, Nays 0.
EH 1079—LS 6196/DI 131