*HB1081.1*
January 13, 2022
HOUSE BILL No. 1081
_____
DIGEST OF HB 1081 (Updated January 12, 2022 2:53 pm - DI 131)
Citations Affected: IC 35-37; IC 35-42.
Synopsis: Human trafficking. 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, Bartlett,
Olthoff
January 4, 2022, read first time and referred to Committee on Courts and Criminal Code.
January 13, 2022, amended, reported — Do Pass.
HB 1081—LS 6240/DI 131 January 13, 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.
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 35-37-4-6, AS AMENDED BY P.L.174-2021,
2 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 6. (a) This section applies to a criminal action
4 involving the following offenses where the victim is a protected person
5 under subsection (c)(1) or (c)(2):
6 (1) Sex crimes (IC 35-42-4).
7 (2) A battery offense included in IC 35-42-2 upon a child less
8 than fourteen (14) years of age.
9 (3) Kidnapping and confinement (IC 35-42-3).
10 (4) Incest (IC 35-46-1-3).
11 (5) Neglect of a dependent (IC 35-46-1-4).
12 (6) Human and sexual trafficking crimes (IC 35-42-3.5).
13 (b) This section applies to a criminal action involving the following
14 offenses where the victim is a protected person under subsection (c)(3):
15 (1) Exploitation of a dependent or endangered adult
16 (IC 35-46-1-12).
17 (2) A sex crime (IC 35-42-4).
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1 (3) A battery offense included in IC 35-42-2.
2 (4) Kidnapping, confinement, or interference with custody
3 (IC 35-42-3).
4 (5) Home improvement fraud (IC 35-43-6).
5 (6) Fraud (IC 35-43-5).
6 (7) Identity deception (IC 35-43-5-3.5).
7 (8) Synthetic identity deception (IC 35-43-5-3.8) (before its
8 repeal).
9 (9) Theft (IC 35-43-4-2).
10 (10) Conversion (IC 35-43-4-3).
11 (11) Neglect of a dependent (IC 35-46-1-4).
12 (12) Human and sexual trafficking crimes (IC 35-42-3.5).
13 (c) As used in this section, "protected person" means:
14 (1) a child who is less than fourteen (14) years of age at the time
15 of the offense but less than eighteen (18) years of age at the
16 time of trial;
17 (2) an individual with a mental disability who has a disability
18 attributable to an impairment of general intellectual functioning
19 or adaptive behavior that:
20 (A) is manifested before the individual is eighteen (18) years
21 of age;
22 (B) is likely to continue indefinitely;
23 (C) constitutes a substantial impairment of the individual's
24 ability to function normally in society; and
25 (D) reflects the individual's need for a combination and
26 sequence of special, interdisciplinary, or generic care,
27 treatment, or other services that are of lifelong or extended
28 duration and are individually planned and coordinated; or
29 (3) an individual who is:
30 (A) at least eighteen (18) years of age; and
31 (B) incapable by reason of mental illness, intellectual
32 disability, dementia, or other physical or mental incapacity of:
33 (i) managing or directing the management of the individual's
34 property; or
35 (ii) providing or directing the provision of self-care.
36 (d) A statement or videotape that:
37 (1) is made by a person who at the time of trial is a protected
38 person, as defined in subsection (c);
39 (2) concerns an act that is a material element of an offense listed
40 in subsection (a) or (b) that was allegedly committed against the
41 person; and
42 (3) is not otherwise admissible in evidence;
HB 1081—LS 6240/DI 131 3
1 is admissible in evidence in a criminal action for an offense listed in
2 subsection (a) or (b) if the requirements of subsection (e) are met.
3 (e) A statement or videotape described in subsection (d) is
4 admissible in evidence in a criminal action listed in subsection (a) or
5 (b) if, after notice to the defendant of a hearing and of the defendant's
6 right to be present, all of the following conditions are met:
7 (1) The court finds, in a hearing:
8 (A) conducted outside the presence of the jury; and
9 (B) attended by the protected person in person or by using
10 closed circuit television testimony as described in section 8(f)
11 and 8(g) of this chapter;
12 that the time, content, and circumstances of the statement or
13 videotape provide sufficient indications of reliability.
14 (2) The protected person:
15 (A) testifies at the trial; or
16 (B) is found by the court to be unavailable as a witness for one
17 (1) of the following reasons:
18 (i) From the testimony of a psychiatrist, physician, or
19 psychologist, and other evidence, if any, the court finds that
20 the protected person's testifying in the physical presence of
21 the defendant will cause the protected person to suffer
22 serious emotional distress such that the protected person
23 cannot reasonably communicate.
24 (ii) The protected person cannot participate in the trial for
25 medical reasons.
26 (iii) The court has determined that the protected person is
27 incapable of understanding the nature and obligation of an
28 oath.
29 (f) If a protected person is unavailable to testify at the trial for a
30 reason listed in subsection (e)(2)(B), a statement or videotape may be
31 admitted in evidence under this section only if the protected person was
32 available for cross-examination:
33 (1) at the hearing described in subsection (e)(1); or
34 (2) when the statement or videotape was made.
35 (g) A statement or videotape may not be admitted in evidence under
36 this section unless the prosecuting attorney informs the defendant and
37 the defendant's attorney at least ten (10) days before the trial of:
38 (1) the prosecuting attorney's intention to introduce the statement
39 or videotape in evidence; and
40 (2) the content of the statement or videotape.
41 (h) If a statement or videotape is admitted in evidence under this
42 section, the court shall instruct the jury that it is for the jury to
HB 1081—LS 6240/DI 131 4
1 determine the weight and credit to be given the statement or videotape
2 and that, in making that determination, the jury shall consider the
3 following:
4 (1) The mental and physical age of the person making the
5 statement or videotape.
6 (2) The nature of the statement or videotape.
7 (3) The circumstances under which the statement or videotape
8 was made.
9 (4) Other relevant factors.
10 (i) If a statement or videotape described in subsection (d) is
11 admitted into evidence under this section, a defendant may introduce
12 a:
13 (1) transcript; or
14 (2) videotape;
15 of the hearing held under subsection (e)(1) into evidence at trial.
16 SECTION 2. IC 35-42-3.5-1.4, AS ADDED BY P.L.144-2018,
17 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 1.4. (a) A person who knowingly or intentionally:
19 (1) pays, to, or offers or agrees to pay, to, agrees to pay money or
20 other property; or
21 (2) to, or benefits in some other manner another person offers a
22 benefit;
23 for a human trafficking victim or for an act performed by a human
24 trafficking victim commits human trafficking, a Level 5 felony.
25 However, the offense is a Level 4 felony if the human trafficking
26 victim is less than eighteen (18) years of age.
27 (b) It is not a defense to a prosecution under this section that:
28 (1) the human trafficking victim consented; or
29 (2) the person believed the human trafficking victim to be at
30 least eighteen (18) years of age.
31 SECTION 3. IC 35-42-3.5-5 IS ADDED TO THE INDIANA CODE
32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
33 1, 2022]: Sec. 5. Not more than thirty (30) days after the date a law
34 enforcement agency begins an investigation regarding a violation
35 of:
36 (1) section 1 of this chapter;
37 (2) section 1.1 of this chapter;
38 (3) section 1.2 of this chapter;
39 (4) section 1.3 of this chapter; or
40 (5) section 1.4 of this chapter;
41 the law enforcement agency shall notify the attorney general of the
42 investigation, so that the attorney general may assist the law
HB 1081—LS 6240/DI 131 5
1 enforcement agency pursuant to IC 4-6-2-12.
HB 1081—LS 6240/DI 131 6
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred House Bill 1081, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, delete lines 1 through 17.
Delete pages 2 through 4.
Page 5, delete lines 1 through 21.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1081 as introduced.)
MCNAMARA
Committee Vote: yeas 10, nays 0.
HB 1081—LS 6240/DI 131