Introduced Version
HOUSE BILL No. 1081
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-9-2-14.3; IC 31-33-18-2; IC 35-37-4-6;
IC 35-42-3.5.
Synopsis: Human trafficking. Provides that confidential reports and
other material involving a report or investigation of child abuse and
neglect shall be made available to a staff member of a child advocacy
center. Defines "child advocacy center". Modifies the definition of
"protected person" for purposes of the admission of a statement or
videotape of an individual who is less than 14 years of age at the time
of the offense but less than 18 years of age at the time of trial. Removes
the requirement that money paid for a human trafficking victim or for
an act performed by a human trafficking victim be paid to a third party.
Increases the penalty if the human trafficking victim is less than 18
years of age. Specifies that: (1) consent by the human trafficking
victim; or (2) a belief that the human trafficking victim was at least 18
years of age; is not a defense to a prosecution. Requires law
enforcement agencies to report human trafficking investigations to the
attorney general within 30 days after an investigation begins.
Effective: July 1, 2022.
McNamara, Negele
January 4, 2022, read first time and referred to Committee on Courts and Criminal Code.
2022 IN 1081—LS 6240/DI 131 Introduced
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.
HOUSE BILL No. 1081
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 31-9-2-14.3 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2022]: Sec. 14.3. "Child advocacy center", for purposes of
4 IC 31-33-18-2, means an entity recognized by the Indiana Chapter
5 of National Children's Alliance that provides a child focused,
6 community based, multidisciplinary program designed to bring
7 together various organizations, often in one (1) location, to:
8 (1) collaborate on investigations of child abuse and neglect;
9 and
10 (2) provide a coordinated, comprehensive response to victims
11 and their caregivers.
12 SECTION 2. IC 31-33-18-2, AS AMENDED BY P.L.137-2021,
13 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 2. The reports and other material described in
15 section 1(a) of this chapter and the unredacted reports and other
16 material described in section 1(b) of this chapter shall be made
17 available only to the following:
2022 IN 1081—LS 6240/DI 131 2
1 (1) Persons authorized by this article.
2 (2) A legally mandated public or private child protective agency
3 investigating a report of child abuse or neglect or treating a child
4 or family that is the subject of a report or record.
5 (3) Any of the following who are investigating a report of a child
6 who may be a victim of child abuse or neglect:
7 (A) A police officer or other law enforcement agency.
8 (B) A prosecuting attorney.
9 (C) A coroner, in the case of the death of a child.
10 (D) A staff member of a child advocacy center (as defined
11 in IC 31-9-2-14.3).
12 (4) A physician who has before the physician a child whom the
13 physician reasonably suspects may be a victim of child abuse or
14 neglect.
15 (5) An individual legally authorized to place a child in protective
16 custody if:
17 (A) the individual has before the individual a child whom the
18 individual reasonably suspects may be a victim of abuse or
19 neglect; and
20 (B) the individual requires the information in the report or
21 record to determine whether to place the child in protective
22 custody.
23 (6) An agency having the legal responsibility or authorization to
24 care for, treat, or supervise a child who is the subject of a report
25 or record or a parent, guardian, custodian, or other person who is
26 responsible for the child's welfare.
27 (7) An individual named in the report or record who is alleged to
28 be abused or neglected or, if the individual named in the report is
29 a child or is otherwise incompetent, the individual's guardian ad
30 litem or the individual's court appointed special advocate, or both.
31 (8) Each parent, guardian, custodian, or other person responsible
32 for the welfare of a child named in a report or record and an
33 attorney of the person described under this subdivision, with
34 protection for the identity of reporters and other appropriate
35 individuals.
36 (9) A court, for redaction of the record in accordance with section
37 1.5 of this chapter, or upon the court's finding that access to the
38 records may be necessary for determination of an issue before the
39 court. However, except for disclosure of a redacted record in
40 accordance with section 1.5 of this chapter, access is limited to in
41 camera inspection unless the court determines that public
42 disclosure of the information contained in the records is necessary
2022 IN 1081—LS 6240/DI 131 3
1 for the resolution of an issue then pending before the court.
2 (10) A grand jury upon the grand jury's determination that access
3 to the records is necessary in the conduct of the grand jury's
4 official business.
5 (11) An appropriate state or local official responsible for child
6 protection services or legislation carrying out the official's official
7 functions.
8 (12) The community child protection team appointed under
9 IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
10 enable the team to carry out the team's purpose under IC 31-33-3.
11 (13) A person about whom a report has been made, with
12 protection for the identity of:
13 (A) any person reporting known or suspected child abuse or
14 neglect; and
15 (B) any other person if the person or agency making the
16 information available finds that disclosure of the information
17 would be likely to endanger the life or safety of the person.
18 (14) An employee of the department, a caseworker, or a juvenile
19 probation officer conducting a criminal history check under
20 IC 31-26-5, IC 31-34, or IC 31-37 to determine the
21 appropriateness of an out-of-home placement for a:
22 (A) child at imminent risk of placement;
23 (B) child in need of services; or
24 (C) delinquent child.
25 The results of a criminal history check conducted under this
26 subdivision must be disclosed to a court determining the
27 placement of a child described in clauses (A) through (C).
28 (15) A local child fatality review team established under
29 IC 16-49-2.
30 (16) The statewide child fatality review committee established by
31 IC 16-49-4.
32 (17) The department.
33 (18) The division of family resources, if the investigation report:
34 (A) is classified as substantiated; and
35 (B) concerns:
36 (i) an applicant for a license to operate;
37 (ii) a person licensed to operate;
38 (iii) an employee of; or
39 (iv) a volunteer providing services at;
40 a child care center licensed under IC 12-17.2-4 or a child care
41 home licensed under IC 12-17.2-5.
42 (19) A citizen review panel established under IC 31-25-2-20.4.
2022 IN 1081—LS 6240/DI 131 4
1 (20) The department of child services ombudsman established by
2 IC 4-13-19-3.
3 (21) The secretary of education with protection for the identity of:
4 (A) any person reporting known or suspected child abuse or
5 neglect; and
6 (B) any other person if the person or agency making the
7 information available finds that disclosure of the information
8 would be likely to endanger the life or safety of the person.
9 (22) The state child fatality review coordinator employed by the
10 state department of health under IC 16-49-5-1.
11 (23) A person who operates a child caring institution, group
12 home, or secure private facility if all the following apply:
13 (A) The child caring institution, group home, or secure private
14 facility is licensed under IC 31-27.
15 (B) The report or other materials concern:
16 (i) an employee of;
17 (ii) a volunteer providing services at; or
18 (iii) a child placed at;
19 the child caring institution, group home, or secure private
20 facility.
21 (C) The allegation in the report occurred at the child caring
22 institution, group home, or secure private facility.
23 (24) A person who operates a child placing agency if all the
24 following apply:
25 (A) The child placing agency is licensed under IC 31-27.
26 (B) The report or other materials concern:
27 (i) a child placed in a foster home licensed by the child
28 placing agency;
29 (ii) a person licensed by the child placing agency to operate
30 a foster family home;
31 (iii) an employee of the child placing agency or a foster
32 family home licensed by the child placing agency; or
33 (iv) a volunteer providing services at the child placing
34 agency or a foster family home licensed by the child placing
35 agency.
36 (C) The allegations in the report occurred in the foster family
37 home or in the course of employment or volunteering at the
38 child placing agency or foster family home.
39 (25) The National Center for Missing and Exploited Children.
40 (26) A local domestic violence fatality review team established
41 under IC 12-18-8, as determined by the department to be relevant
42 to the death or near fatality that the local domestic violence
2022 IN 1081—LS 6240/DI 131 5
1 fatality review team is reviewing.
2 (27) The statewide domestic violence fatality review committee
3 established under IC 12-18-9-3, as determined by the department
4 to be relevant to the death or near fatality that the statewide
5 domestic violence fatality review committee is reviewing.
6 (28) The statewide maternal mortality review committee
7 established under IC 16-50-1-3, as determined by the department
8 to be relevant to the case of maternal morbidity or maternal
9 mortality that the statewide maternal mortality review committee
10 is reviewing.
11 (29) A local fetal-infant mortality review team established under
12 IC 16-49-6, as determined by the department to be relevant to the
13 case of fetal or infant fatality that the local fetal-infant mortality
14 review team is reviewing.
15 (30) A suicide and overdose fatality review team established
16 under IC 16-49.5-2, as determined by the department to be
17 relevant to the case of a suicide or overdose fatality that the
18 suicide and overdose fatality review team is reviewing.
19 (31) The office of administrative law proceedings for a matter that
20 is the subject of an administrative proceeding before the office of
21 administrative law proceedings.
22 SECTION 3. IC 35-37-4-6, AS AMENDED BY P.L.174-2021,
23 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2022]: Sec. 6. (a) This section applies to a criminal action
25 involving the following offenses where the victim is a protected person
26 under subsection (c)(1) or (c)(2):
27 (1) Sex crimes (IC 35-42-4).
28 (2) A battery offense included in IC 35-42-2 upon a child less
29 than fourteen (14) years of age.
30 (3) Kidnapping and confinement (IC 35-42-3).
31 (4) Incest (IC 35-46-1-3).
32 (5) Neglect of a dependent (IC 35-46-1-4).
33 (6) Human and sexual trafficking crimes (IC 35-42-3.5).
34 (b) This section applies to a criminal action involving the following
35 offenses where the victim is a protected person under subsection (c)(3):
36 (1) Exploitation of a dependent or endangered adult (IC
37 35-46-1-12).
38 (2) A sex crime (IC 35-42-4).
39 (3) A battery offense included in IC 35-42-2.
40 (4) Kidnapping, confinement, or interference with custody (IC
41 35-42-3).
42 (5) Home improvement fraud (IC 35-43-6).
2022 IN 1081—LS 6240/DI 131 6
1 (6) Fraud (IC 35-43-5).
2 (7) Identity deception (IC 35-43-5-3.5).
3 (8) Synthetic identity deception (IC 35-43-5-3.8) (before its
4 repeal).
5 (9) Theft (IC 35-43-4-2).
6 (10) Conversion (IC 35-43-4-3).
7 (11) Neglect of a dependent (IC 35-46-1-4).
8 (12) Human and sexual trafficking crimes (IC 35-42-3.5).
9 (c) As used in this section, "protected person" means:
10 (1) a child who is less than fourteen (14) years of age at the time
11 of the offense but less than eighteen (18) years of age at the
12 time of trial;
13 (2) an individual with a mental disability who has a disability
14 attributable to an impairment of general intellectual functioning
15 or adaptive behavior that:
16 (A) is manifested before the individual is eighteen (18) years
17 of age;
18 (B) is likely to continue indefinitely;
19 (C) constitutes a substantial impairment of the individual's
20 ability to function normally in society; and
21 (D) reflects the individual's need for a combination and
22 sequence of special, interdisciplinary, or generic care,
23 treatment, or other services that are of lifelong or extended
24 duration and are individually planned and coordinated; or
25 (3) an individual who is:
26 (A) at least eighteen (18) years of age; and
27 (B) incapable by reason of mental illness, intellectual
28 disability, dementia, or other physical or mental incapacity of:
29 (i) managing or directing the management of the individual's
30 property; or
31 (ii) providing or directing the provision of self-care.
32 (d) A statement or videotape that:
33 (1) is made by a person who at the time of trial is a protected
34 person, as defined in subsection (c);
35 (2) concerns an act that is a material element of an offense listed
36 in subsection (a) or (b) that was allegedly committed against the
37 person; and
38 (3) is not otherwise admissible in evidence;
39 is admissible in evidence in a criminal action for an offense listed in
40 subsection (a) or (b) if the requirements of subsection (e) are met.
41 (e) A statement or videotape described in subsection (d) is
42 admissible in evidence in a criminal action listed in subsection (a) or
2022 IN 1081—LS 6240/DI 131 7
1 (b) if, after notice to the defendant of a hearing and of the defendant's
2 right to be present, all of the following conditions are met:
3 (1) The court finds, in a hearing:
4 (A) conducted outside the presence of the jury; and
5 (B) attended by the protected person in person or by using
6 closed circuit television testimony as described in section 8(f)
7 and 8(g) of this chapter;
8 that the time, content, and circumstances of the statement or
9 videotape provide sufficient indications of reliability.
10 (2) The protected person:
11 (A) testifies at the trial; or
12 (B) is found by the court to be unavailable as a witness for one
13 (1) of the following reasons:
14 (i) From the testimony of a psychiatrist, physician, or
15 psychologist, and other evidence, if any, the court finds that
16 the protected person's testifying in the physical presence of
17 the defendant will cause the protected person to suffer
18 serious emotional distress such that the protected person
19 cannot reasonably communicate.
20 (ii) The protected person cannot participate in the trial for
21 medical reasons.
22 (iii) The court has determined that the protected person is
23 incapable of understanding the nature and obligation of an
24 oath.
25 (f) If a protected person is unavailable to testify at the trial for a
26 reason listed in subsection (e)(2)(B), a statement or videotape may be
27 admitted in evidence under this section only if the protected person was
28 available for cross-examination:
29 (1) at the hearing described in subsection (e)(1); or
30 (2) when the statement or videotape was made.
31 (g) A statement or videotape may not be admitted in evidence under
32 this section unless the prosecuting attorney informs the defendant and
33 the defendant's attorney at least ten (10) days before the trial of:
34 (1) the prosecuting attorney's intention to introduce the statement
35 or videotape in evidence; and
36 (2) the content of the statement or videotape.
37 (h) If a statement or videotape is admitted in evidence under this
38 section, the court shall instruct the jury that it is for the jury to
39 determine the weight and credit to be given the statement or videotape
40 and that, in making that determination, the jury shall consider the
41 following:
42 (1) The mental and physical age of the person making the
2022 IN 1081—LS 6240/DI 131 8
1 statement or videotape.
2 (2) The nature of the statement or videotape.
3 (3) The circumstances under which the statement or videotape
4 was made.
5 (4) Other relevant factors.
6 (i) If a statement or videotape described in subsection (d) is
7 admitted into evidence under this section, a defendant may introduce
8 a:
9 (1) transcript; or
10 (2) videotape;
11 of the hearing held under subsection (e)(1) into evidence at trial.
12 SECTION 4. IC 35-42-3.5-1.4, AS ADDED BY P.L.144-2018,
13 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 1.4. (a) A person who knowingly or intentionally:
15 (1) pays, to, or offers or agrees to pay, to, agrees to pay money or
16 other property; or
17 (2) to, or benefits in some other manner another person offers a
18 benefit;
19 for a human trafficking victim or for an act performed by a human
20 trafficking victim commits human trafficking, a Level 5 felony.
21 However, the offense is a Level 4 felony if the human trafficking
22 victim is less than eighteen (18) years of age.
23 (b) It is not a defense to a prosecution under this section that:
24 (1) the human trafficking victim consented; or
25 (2) the person believed the human trafficking victim to be at
26 least eighteen (18) years of age.
27 SECTION 5. IC 35-42-3.5-5 IS ADDED TO THE INDIANA CODE
28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
29 1, 2022]: Sec. 5. Not more than thirty (30) days after the date a law
30 enforcement agency begins an investigation regarding a violation
31 of:
32 (1) section 1 of this chapter;
33 (2) section 1.1 of this chapter;
34 (3) section 1.2 of this chapter;
35 (4) section 1.3 of this chapter; or
36 (5) section 1.4 of this chapter;
37 the law enforcement agency shall notify the attorney general of the
38 investigation, so that the attorney general may assist the law
39 enforcement agency pursuant to IC 4-6-2-12.
2022 IN 1081—LS 6240/DI 131