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Indiana House Bill HB1081

Indiana 2022 Regular Session

Indiana House Bill HB1081 Compare Versions

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1-*HB1081.1*
2-January 13, 2022
1+
2+Introduced Version
33 HOUSE BILL No. 1081
44 _____
5-DIGEST OF HB 1081 (Updated January 12, 2022 2:53 pm - DI 131)
6-Citations Affected: IC 35-37; IC 35-42.
7-Synopsis: Human trafficking. Modifies the definition of "protected
8-person" for purposes of the admission of a statement or videotape of an
9-individual who is less than 14 years of age at the time of the offense but
10-less than 18 years of age at the time of trial. Removes the requirement
11-that money paid for a human trafficking victim or for an act performed
12-by a human trafficking victim be paid to a third party. Increases the
13-penalty if the human trafficking victim is less than 18 years of age.
14-Specifies that: (1) consent by the human trafficking victim; or (2) a
15-belief that the human trafficking victim was at least 18 years of age; is
16-not a defense to a prosecution. Requires law enforcement agencies to
17-report human trafficking investigations to the attorney general within
18-30 days after an investigation begins.
5+DIGEST OF INTRODUCED BILL
6+Citations Affected: IC 31-9-2-14.3; IC 31-33-18-2; IC 35-37-4-6;
7+IC 35-42-3.5.
8+Synopsis: Human trafficking. Provides that confidential reports and
9+other material involving a report or investigation of child abuse and
10+neglect shall be made available to a staff member of a child advocacy
11+center. Defines "child advocacy center". Modifies the definition of
12+"protected person" for purposes of the admission of a statement or
13+videotape of an individual who is less than 14 years of age at the time
14+of the offense but less than 18 years of age at the time of trial. Removes
15+the requirement that money paid for a human trafficking victim or for
16+an act performed by a human trafficking victim be paid to a third party.
17+Increases the penalty if the human trafficking victim is less than 18
18+years of age. Specifies that: (1) consent by the human trafficking
19+victim; or (2) a belief that the human trafficking victim was at least 18
20+years of age; is not a defense to a prosecution. Requires law
21+enforcement agencies to report human trafficking investigations to the
22+attorney general within 30 days after an investigation begins.
1923 Effective: July 1, 2022.
20-McNamara, Negele, Bartlett,
21-Olthoff
24+McNamara, Negele
2225 January 4, 2022, read first time and referred to Committee on Courts and Criminal Code.
23-January 13, 2022, amended, reported — Do Pass.
24-HB 1081—LS 6240/DI 131 January 13, 2022
26+2022 IN 1081—LS 6240/DI 131 Introduced
2527 Second Regular Session of the 122nd General Assembly (2022)
2628 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2729 Constitution) is being amended, the text of the existing provision will appear in this style type,
2830 additions will appear in this style type, and deletions will appear in this style type.
2931 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3032 provision adopted), the text of the new provision will appear in this style type. Also, the
3133 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3234 a new provision to the Indiana Code or the Indiana Constitution.
3335 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3436 between statutes enacted by the 2021 Regular Session of the General Assembly.
3537 HOUSE BILL No. 1081
3638 A BILL FOR AN ACT to amend the Indiana Code concerning
3739 criminal law and procedure.
3840 Be it enacted by the General Assembly of the State of Indiana:
39-1 SECTION 1. IC 35-37-4-6, AS AMENDED BY P.L.174-2021,
40-2 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41-3 JULY 1, 2022]: Sec. 6. (a) This section applies to a criminal action
42-4 involving the following offenses where the victim is a protected person
43-5 under subsection (c)(1) or (c)(2):
44-6 (1) Sex crimes (IC 35-42-4).
45-7 (2) A battery offense included in IC 35-42-2 upon a child less
46-8 than fourteen (14) years of age.
47-9 (3) Kidnapping and confinement (IC 35-42-3).
48-10 (4) Incest (IC 35-46-1-3).
49-11 (5) Neglect of a dependent (IC 35-46-1-4).
50-12 (6) Human and sexual trafficking crimes (IC 35-42-3.5).
51-13 (b) This section applies to a criminal action involving the following
52-14 offenses where the victim is a protected person under subsection (c)(3):
53-15 (1) Exploitation of a dependent or endangered adult
54-16 (IC 35-46-1-12).
55-17 (2) A sex crime (IC 35-42-4).
56-HB 1081—LS 6240/DI 131 2
57-1 (3) A battery offense included in IC 35-42-2.
58-2 (4) Kidnapping, confinement, or interference with custody
59-3 (IC 35-42-3).
60-4 (5) Home improvement fraud (IC 35-43-6).
61-5 (6) Fraud (IC 35-43-5).
62-6 (7) Identity deception (IC 35-43-5-3.5).
63-7 (8) Synthetic identity deception (IC 35-43-5-3.8) (before its
64-8 repeal).
65-9 (9) Theft (IC 35-43-4-2).
66-10 (10) Conversion (IC 35-43-4-3).
67-11 (11) Neglect of a dependent (IC 35-46-1-4).
68-12 (12) Human and sexual trafficking crimes (IC 35-42-3.5).
69-13 (c) As used in this section, "protected person" means:
70-14 (1) a child who is less than fourteen (14) years of age at the time
71-15 of the offense but less than eighteen (18) years of age at the
72-16 time of trial;
73-17 (2) an individual with a mental disability who has a disability
74-18 attributable to an impairment of general intellectual functioning
75-19 or adaptive behavior that:
76-20 (A) is manifested before the individual is eighteen (18) years
77-21 of age;
78-22 (B) is likely to continue indefinitely;
79-23 (C) constitutes a substantial impairment of the individual's
80-24 ability to function normally in society; and
81-25 (D) reflects the individual's need for a combination and
82-26 sequence of special, interdisciplinary, or generic care,
83-27 treatment, or other services that are of lifelong or extended
84-28 duration and are individually planned and coordinated; or
85-29 (3) an individual who is:
86-30 (A) at least eighteen (18) years of age; and
87-31 (B) incapable by reason of mental illness, intellectual
88-32 disability, dementia, or other physical or mental incapacity of:
89-33 (i) managing or directing the management of the individual's
90-34 property; or
91-35 (ii) providing or directing the provision of self-care.
92-36 (d) A statement or videotape that:
93-37 (1) is made by a person who at the time of trial is a protected
94-38 person, as defined in subsection (c);
95-39 (2) concerns an act that is a material element of an offense listed
96-40 in subsection (a) or (b) that was allegedly committed against the
97-41 person; and
98-42 (3) is not otherwise admissible in evidence;
99-HB 1081—LS 6240/DI 131 3
100-1 is admissible in evidence in a criminal action for an offense listed in
101-2 subsection (a) or (b) if the requirements of subsection (e) are met.
102-3 (e) A statement or videotape described in subsection (d) is
103-4 admissible in evidence in a criminal action listed in subsection (a) or
104-5 (b) if, after notice to the defendant of a hearing and of the defendant's
105-6 right to be present, all of the following conditions are met:
106-7 (1) The court finds, in a hearing:
107-8 (A) conducted outside the presence of the jury; and
108-9 (B) attended by the protected person in person or by using
109-10 closed circuit television testimony as described in section 8(f)
110-11 and 8(g) of this chapter;
111-12 that the time, content, and circumstances of the statement or
112-13 videotape provide sufficient indications of reliability.
113-14 (2) The protected person:
114-15 (A) testifies at the trial; or
115-16 (B) is found by the court to be unavailable as a witness for one
116-17 (1) of the following reasons:
117-18 (i) From the testimony of a psychiatrist, physician, or
118-19 psychologist, and other evidence, if any, the court finds that
119-20 the protected person's testifying in the physical presence of
120-21 the defendant will cause the protected person to suffer
121-22 serious emotional distress such that the protected person
122-23 cannot reasonably communicate.
123-24 (ii) The protected person cannot participate in the trial for
124-25 medical reasons.
125-26 (iii) The court has determined that the protected person is
126-27 incapable of understanding the nature and obligation of an
127-28 oath.
128-29 (f) If a protected person is unavailable to testify at the trial for a
129-30 reason listed in subsection (e)(2)(B), a statement or videotape may be
130-31 admitted in evidence under this section only if the protected person was
131-32 available for cross-examination:
132-33 (1) at the hearing described in subsection (e)(1); or
133-34 (2) when the statement or videotape was made.
134-35 (g) A statement or videotape may not be admitted in evidence under
135-36 this section unless the prosecuting attorney informs the defendant and
136-37 the defendant's attorney at least ten (10) days before the trial of:
137-38 (1) the prosecuting attorney's intention to introduce the statement
138-39 or videotape in evidence; and
139-40 (2) the content of the statement or videotape.
140-41 (h) If a statement or videotape is admitted in evidence under this
141-42 section, the court shall instruct the jury that it is for the jury to
142-HB 1081—LS 6240/DI 131 4
143-1 determine the weight and credit to be given the statement or videotape
144-2 and that, in making that determination, the jury shall consider the
145-3 following:
146-4 (1) The mental and physical age of the person making the
147-5 statement or videotape.
148-6 (2) The nature of the statement or videotape.
149-7 (3) The circumstances under which the statement or videotape
150-8 was made.
151-9 (4) Other relevant factors.
152-10 (i) If a statement or videotape described in subsection (d) is
153-11 admitted into evidence under this section, a defendant may introduce
154-12 a:
155-13 (1) transcript; or
156-14 (2) videotape;
157-15 of the hearing held under subsection (e)(1) into evidence at trial.
158-16 SECTION 2. IC 35-42-3.5-1.4, AS ADDED BY P.L.144-2018,
159-17 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
160-18 JULY 1, 2022]: Sec. 1.4. (a) A person who knowingly or intentionally:
161-19 (1) pays, to, or offers or agrees to pay, to, agrees to pay money or
162-20 other property; or
163-21 (2) to, or benefits in some other manner another person offers a
164-22 benefit;
165-23 for a human trafficking victim or for an act performed by a human
166-24 trafficking victim commits human trafficking, a Level 5 felony.
167-25 However, the offense is a Level 4 felony if the human trafficking
168-26 victim is less than eighteen (18) years of age.
169-27 (b) It is not a defense to a prosecution under this section that:
170-28 (1) the human trafficking victim consented; or
171-29 (2) the person believed the human trafficking victim to be at
172-30 least eighteen (18) years of age.
173-31 SECTION 3. IC 35-42-3.5-5 IS ADDED TO THE INDIANA CODE
174-32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
175-33 1, 2022]: Sec. 5. Not more than thirty (30) days after the date a law
176-34 enforcement agency begins an investigation regarding a violation
177-35 of:
178-36 (1) section 1 of this chapter;
179-37 (2) section 1.1 of this chapter;
180-38 (3) section 1.2 of this chapter;
181-39 (4) section 1.3 of this chapter; or
182-40 (5) section 1.4 of this chapter;
183-41 the law enforcement agency shall notify the attorney general of the
184-42 investigation, so that the attorney general may assist the law
185-HB 1081—LS 6240/DI 131 5
186-1 enforcement agency pursuant to IC 4-6-2-12.
187-HB 1081—LS 6240/DI 131 6
188-COMMITTEE REPORT
189-Mr. Speaker: Your Committee on Courts and Criminal Code, to
190-which was referred House Bill 1081, has had the same under
191-consideration and begs leave to report the same back to the House with
192-the recommendation that said bill be amended as follows:
193-Page 1, delete lines 1 through 17.
194-Delete pages 2 through 4.
195-Page 5, delete lines 1 through 21.
196-Renumber all SECTIONS consecutively.
197-and when so amended that said bill do pass.
198-(Reference is to HB 1081 as introduced.)
199-MCNAMARA
200-Committee Vote: yeas 10, nays 0.
201-HB 1081—LS 6240/DI 131
41+1 SECTION 1. IC 31-9-2-14.3 IS ADDED TO THE INDIANA CODE
42+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
43+3 1, 2022]: Sec. 14.3. "Child advocacy center", for purposes of
44+4 IC 31-33-18-2, means an entity recognized by the Indiana Chapter
45+5 of National Children's Alliance that provides a child focused,
46+6 community based, multidisciplinary program designed to bring
47+7 together various organizations, often in one (1) location, to:
48+8 (1) collaborate on investigations of child abuse and neglect;
49+9 and
50+10 (2) provide a coordinated, comprehensive response to victims
51+11 and their caregivers.
52+12 SECTION 2. IC 31-33-18-2, AS AMENDED BY P.L.137-2021,
53+13 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
54+14 JULY 1, 2022]: Sec. 2. The reports and other material described in
55+15 section 1(a) of this chapter and the unredacted reports and other
56+16 material described in section 1(b) of this chapter shall be made
57+17 available only to the following:
58+2022 IN 1081—LS 6240/DI 131 2
59+1 (1) Persons authorized by this article.
60+2 (2) A legally mandated public or private child protective agency
61+3 investigating a report of child abuse or neglect or treating a child
62+4 or family that is the subject of a report or record.
63+5 (3) Any of the following who are investigating a report of a child
64+6 who may be a victim of child abuse or neglect:
65+7 (A) A police officer or other law enforcement agency.
66+8 (B) A prosecuting attorney.
67+9 (C) A coroner, in the case of the death of a child.
68+10 (D) A staff member of a child advocacy center (as defined
69+11 in IC 31-9-2-14.3).
70+12 (4) A physician who has before the physician a child whom the
71+13 physician reasonably suspects may be a victim of child abuse or
72+14 neglect.
73+15 (5) An individual legally authorized to place a child in protective
74+16 custody if:
75+17 (A) the individual has before the individual a child whom the
76+18 individual reasonably suspects may be a victim of abuse or
77+19 neglect; and
78+20 (B) the individual requires the information in the report or
79+21 record to determine whether to place the child in protective
80+22 custody.
81+23 (6) An agency having the legal responsibility or authorization to
82+24 care for, treat, or supervise a child who is the subject of a report
83+25 or record or a parent, guardian, custodian, or other person who is
84+26 responsible for the child's welfare.
85+27 (7) An individual named in the report or record who is alleged to
86+28 be abused or neglected or, if the individual named in the report is
87+29 a child or is otherwise incompetent, the individual's guardian ad
88+30 litem or the individual's court appointed special advocate, or both.
89+31 (8) Each parent, guardian, custodian, or other person responsible
90+32 for the welfare of a child named in a report or record and an
91+33 attorney of the person described under this subdivision, with
92+34 protection for the identity of reporters and other appropriate
93+35 individuals.
94+36 (9) A court, for redaction of the record in accordance with section
95+37 1.5 of this chapter, or upon the court's finding that access to the
96+38 records may be necessary for determination of an issue before the
97+39 court. However, except for disclosure of a redacted record in
98+40 accordance with section 1.5 of this chapter, access is limited to in
99+41 camera inspection unless the court determines that public
100+42 disclosure of the information contained in the records is necessary
101+2022 IN 1081—LS 6240/DI 131 3
102+1 for the resolution of an issue then pending before the court.
103+2 (10) A grand jury upon the grand jury's determination that access
104+3 to the records is necessary in the conduct of the grand jury's
105+4 official business.
106+5 (11) An appropriate state or local official responsible for child
107+6 protection services or legislation carrying out the official's official
108+7 functions.
109+8 (12) The community child protection team appointed under
110+9 IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
111+10 enable the team to carry out the team's purpose under IC 31-33-3.
112+11 (13) A person about whom a report has been made, with
113+12 protection for the identity of:
114+13 (A) any person reporting known or suspected child abuse or
115+14 neglect; and
116+15 (B) any other person if the person or agency making the
117+16 information available finds that disclosure of the information
118+17 would be likely to endanger the life or safety of the person.
119+18 (14) An employee of the department, a caseworker, or a juvenile
120+19 probation officer conducting a criminal history check under
121+20 IC 31-26-5, IC 31-34, or IC 31-37 to determine the
122+21 appropriateness of an out-of-home placement for a:
123+22 (A) child at imminent risk of placement;
124+23 (B) child in need of services; or
125+24 (C) delinquent child.
126+25 The results of a criminal history check conducted under this
127+26 subdivision must be disclosed to a court determining the
128+27 placement of a child described in clauses (A) through (C).
129+28 (15) A local child fatality review team established under
130+29 IC 16-49-2.
131+30 (16) The statewide child fatality review committee established by
132+31 IC 16-49-4.
133+32 (17) The department.
134+33 (18) The division of family resources, if the investigation report:
135+34 (A) is classified as substantiated; and
136+35 (B) concerns:
137+36 (i) an applicant for a license to operate;
138+37 (ii) a person licensed to operate;
139+38 (iii) an employee of; or
140+39 (iv) a volunteer providing services at;
141+40 a child care center licensed under IC 12-17.2-4 or a child care
142+41 home licensed under IC 12-17.2-5.
143+42 (19) A citizen review panel established under IC 31-25-2-20.4.
144+2022 IN 1081—LS 6240/DI 131 4
145+1 (20) The department of child services ombudsman established by
146+2 IC 4-13-19-3.
147+3 (21) The secretary of education with protection for the identity of:
148+4 (A) any person reporting known or suspected child abuse or
149+5 neglect; and
150+6 (B) any other person if the person or agency making the
151+7 information available finds that disclosure of the information
152+8 would be likely to endanger the life or safety of the person.
153+9 (22) The state child fatality review coordinator employed by the
154+10 state department of health under IC 16-49-5-1.
155+11 (23) A person who operates a child caring institution, group
156+12 home, or secure private facility if all the following apply:
157+13 (A) The child caring institution, group home, or secure private
158+14 facility is licensed under IC 31-27.
159+15 (B) The report or other materials concern:
160+16 (i) an employee of;
161+17 (ii) a volunteer providing services at; or
162+18 (iii) a child placed at;
163+19 the child caring institution, group home, or secure private
164+20 facility.
165+21 (C) The allegation in the report occurred at the child caring
166+22 institution, group home, or secure private facility.
167+23 (24) A person who operates a child placing agency if all the
168+24 following apply:
169+25 (A) The child placing agency is licensed under IC 31-27.
170+26 (B) The report or other materials concern:
171+27 (i) a child placed in a foster home licensed by the child
172+28 placing agency;
173+29 (ii) a person licensed by the child placing agency to operate
174+30 a foster family home;
175+31 (iii) an employee of the child placing agency or a foster
176+32 family home licensed by the child placing agency; or
177+33 (iv) a volunteer providing services at the child placing
178+34 agency or a foster family home licensed by the child placing
179+35 agency.
180+36 (C) The allegations in the report occurred in the foster family
181+37 home or in the course of employment or volunteering at the
182+38 child placing agency or foster family home.
183+39 (25) The National Center for Missing and Exploited Children.
184+40 (26) A local domestic violence fatality review team established
185+41 under IC 12-18-8, as determined by the department to be relevant
186+42 to the death or near fatality that the local domestic violence
187+2022 IN 1081—LS 6240/DI 131 5
188+1 fatality review team is reviewing.
189+2 (27) The statewide domestic violence fatality review committee
190+3 established under IC 12-18-9-3, as determined by the department
191+4 to be relevant to the death or near fatality that the statewide
192+5 domestic violence fatality review committee is reviewing.
193+6 (28) The statewide maternal mortality review committee
194+7 established under IC 16-50-1-3, as determined by the department
195+8 to be relevant to the case of maternal morbidity or maternal
196+9 mortality that the statewide maternal mortality review committee
197+10 is reviewing.
198+11 (29) A local fetal-infant mortality review team established under
199+12 IC 16-49-6, as determined by the department to be relevant to the
200+13 case of fetal or infant fatality that the local fetal-infant mortality
201+14 review team is reviewing.
202+15 (30) A suicide and overdose fatality review team established
203+16 under IC 16-49.5-2, as determined by the department to be
204+17 relevant to the case of a suicide or overdose fatality that the
205+18 suicide and overdose fatality review team is reviewing.
206+19 (31) The office of administrative law proceedings for a matter that
207+20 is the subject of an administrative proceeding before the office of
208+21 administrative law proceedings.
209+22 SECTION 3. IC 35-37-4-6, AS AMENDED BY P.L.174-2021,
210+23 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
211+24 JULY 1, 2022]: Sec. 6. (a) This section applies to a criminal action
212+25 involving the following offenses where the victim is a protected person
213+26 under subsection (c)(1) or (c)(2):
214+27 (1) Sex crimes (IC 35-42-4).
215+28 (2) A battery offense included in IC 35-42-2 upon a child less
216+29 than fourteen (14) years of age.
217+30 (3) Kidnapping and confinement (IC 35-42-3).
218+31 (4) Incest (IC 35-46-1-3).
219+32 (5) Neglect of a dependent (IC 35-46-1-4).
220+33 (6) Human and sexual trafficking crimes (IC 35-42-3.5).
221+34 (b) This section applies to a criminal action involving the following
222+35 offenses where the victim is a protected person under subsection (c)(3):
223+36 (1) Exploitation of a dependent or endangered adult (IC
224+37 35-46-1-12).
225+38 (2) A sex crime (IC 35-42-4).
226+39 (3) A battery offense included in IC 35-42-2.
227+40 (4) Kidnapping, confinement, or interference with custody (IC
228+41 35-42-3).
229+42 (5) Home improvement fraud (IC 35-43-6).
230+2022 IN 1081—LS 6240/DI 131 6
231+1 (6) Fraud (IC 35-43-5).
232+2 (7) Identity deception (IC 35-43-5-3.5).
233+3 (8) Synthetic identity deception (IC 35-43-5-3.8) (before its
234+4 repeal).
235+5 (9) Theft (IC 35-43-4-2).
236+6 (10) Conversion (IC 35-43-4-3).
237+7 (11) Neglect of a dependent (IC 35-46-1-4).
238+8 (12) Human and sexual trafficking crimes (IC 35-42-3.5).
239+9 (c) As used in this section, "protected person" means:
240+10 (1) a child who is less than fourteen (14) years of age at the time
241+11 of the offense but less than eighteen (18) years of age at the
242+12 time of trial;
243+13 (2) an individual with a mental disability who has a disability
244+14 attributable to an impairment of general intellectual functioning
245+15 or adaptive behavior that:
246+16 (A) is manifested before the individual is eighteen (18) years
247+17 of age;
248+18 (B) is likely to continue indefinitely;
249+19 (C) constitutes a substantial impairment of the individual's
250+20 ability to function normally in society; and
251+21 (D) reflects the individual's need for a combination and
252+22 sequence of special, interdisciplinary, or generic care,
253+23 treatment, or other services that are of lifelong or extended
254+24 duration and are individually planned and coordinated; or
255+25 (3) an individual who is:
256+26 (A) at least eighteen (18) years of age; and
257+27 (B) incapable by reason of mental illness, intellectual
258+28 disability, dementia, or other physical or mental incapacity of:
259+29 (i) managing or directing the management of the individual's
260+30 property; or
261+31 (ii) providing or directing the provision of self-care.
262+32 (d) A statement or videotape that:
263+33 (1) is made by a person who at the time of trial is a protected
264+34 person, as defined in subsection (c);
265+35 (2) concerns an act that is a material element of an offense listed
266+36 in subsection (a) or (b) that was allegedly committed against the
267+37 person; and
268+38 (3) is not otherwise admissible in evidence;
269+39 is admissible in evidence in a criminal action for an offense listed in
270+40 subsection (a) or (b) if the requirements of subsection (e) are met.
271+41 (e) A statement or videotape described in subsection (d) is
272+42 admissible in evidence in a criminal action listed in subsection (a) or
273+2022 IN 1081—LS 6240/DI 131 7
274+1 (b) if, after notice to the defendant of a hearing and of the defendant's
275+2 right to be present, all of the following conditions are met:
276+3 (1) The court finds, in a hearing:
277+4 (A) conducted outside the presence of the jury; and
278+5 (B) attended by the protected person in person or by using
279+6 closed circuit television testimony as described in section 8(f)
280+7 and 8(g) of this chapter;
281+8 that the time, content, and circumstances of the statement or
282+9 videotape provide sufficient indications of reliability.
283+10 (2) The protected person:
284+11 (A) testifies at the trial; or
285+12 (B) is found by the court to be unavailable as a witness for one
286+13 (1) of the following reasons:
287+14 (i) From the testimony of a psychiatrist, physician, or
288+15 psychologist, and other evidence, if any, the court finds that
289+16 the protected person's testifying in the physical presence of
290+17 the defendant will cause the protected person to suffer
291+18 serious emotional distress such that the protected person
292+19 cannot reasonably communicate.
293+20 (ii) The protected person cannot participate in the trial for
294+21 medical reasons.
295+22 (iii) The court has determined that the protected person is
296+23 incapable of understanding the nature and obligation of an
297+24 oath.
298+25 (f) If a protected person is unavailable to testify at the trial for a
299+26 reason listed in subsection (e)(2)(B), a statement or videotape may be
300+27 admitted in evidence under this section only if the protected person was
301+28 available for cross-examination:
302+29 (1) at the hearing described in subsection (e)(1); or
303+30 (2) when the statement or videotape was made.
304+31 (g) A statement or videotape may not be admitted in evidence under
305+32 this section unless the prosecuting attorney informs the defendant and
306+33 the defendant's attorney at least ten (10) days before the trial of:
307+34 (1) the prosecuting attorney's intention to introduce the statement
308+35 or videotape in evidence; and
309+36 (2) the content of the statement or videotape.
310+37 (h) If a statement or videotape is admitted in evidence under this
311+38 section, the court shall instruct the jury that it is for the jury to
312+39 determine the weight and credit to be given the statement or videotape
313+40 and that, in making that determination, the jury shall consider the
314+41 following:
315+42 (1) The mental and physical age of the person making the
316+2022 IN 1081—LS 6240/DI 131 8
317+1 statement or videotape.
318+2 (2) The nature of the statement or videotape.
319+3 (3) The circumstances under which the statement or videotape
320+4 was made.
321+5 (4) Other relevant factors.
322+6 (i) If a statement or videotape described in subsection (d) is
323+7 admitted into evidence under this section, a defendant may introduce
324+8 a:
325+9 (1) transcript; or
326+10 (2) videotape;
327+11 of the hearing held under subsection (e)(1) into evidence at trial.
328+12 SECTION 4. IC 35-42-3.5-1.4, AS ADDED BY P.L.144-2018,
329+13 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
330+14 JULY 1, 2022]: Sec. 1.4. (a) A person who knowingly or intentionally:
331+15 (1) pays, to, or offers or agrees to pay, to, agrees to pay money or
332+16 other property; or
333+17 (2) to, or benefits in some other manner another person offers a
334+18 benefit;
335+19 for a human trafficking victim or for an act performed by a human
336+20 trafficking victim commits human trafficking, a Level 5 felony.
337+21 However, the offense is a Level 4 felony if the human trafficking
338+22 victim is less than eighteen (18) years of age.
339+23 (b) It is not a defense to a prosecution under this section that:
340+24 (1) the human trafficking victim consented; or
341+25 (2) the person believed the human trafficking victim to be at
342+26 least eighteen (18) years of age.
343+27 SECTION 5. IC 35-42-3.5-5 IS ADDED TO THE INDIANA CODE
344+28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
345+29 1, 2022]: Sec. 5. Not more than thirty (30) days after the date a law
346+30 enforcement agency begins an investigation regarding a violation
347+31 of:
348+32 (1) section 1 of this chapter;
349+33 (2) section 1.1 of this chapter;
350+34 (3) section 1.2 of this chapter;
351+35 (4) section 1.3 of this chapter; or
352+36 (5) section 1.4 of this chapter;
353+37 the law enforcement agency shall notify the attorney general of the
354+38 investigation, so that the attorney general may assist the law
355+39 enforcement agency pursuant to IC 4-6-2-12.
356+2022 IN 1081—LS 6240/DI 131