Introduced Version
HOUSE BILL No. 1217
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-18-2; IC 16-34; IC 25-22.5-8-6;
IC 34-23-2-1; IC 35-41-3-2; IC 35-52-16-23.5.
Synopsis: Coerced abortion. Requires that a pregnant woman seeking
an abortion must be informed that a coerced abortion is illegal.
Provides that certain medical personnel must inquire with a pregnant
woman seeking an abortion whether the abortion is coerced. Requires
certain medical personnel who believe that an abortion is coerced to
offer the pregnant woman information on certain services, the use of a
telephone, and an alternative exit from the health care facility. Makes
it a Level 6 felony if a person knowingly or intentionally coerces a
pregnant woman into having an abortion. Mandates reports of a
coerced abortion to law enforcement. Makes it a Class C infraction if
a reproductive health facility knowingly employs a mandatory reporter
who violates the mandatory reporting statute.
Effective: July 1, 2022.
King
January 6, 2022, read first time and referred to Committee on Courts and Criminal Code.
2022 IN 1217—LS 7090/DI 147 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. 1217
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 16-18-2-1, AS AMENDED BY P.L.136-2013,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 1. (a) "Abortion" means the termination of human
4 pregnancy with an intention other than to produce a live birth or to
5 remove a dead fetus. The term includes abortions by surgical
6 procedures and by abortion inducing drugs.
7 (b) "Abortion", for purposes of IC 16-34-6, has the meaning set
8 forth in IC 16-34-6-1.
9 SECTION 2. IC 16-18-2-56.8 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2022]: Sec. 56.8. "Coercion", for purposes of
12 IC 16-34-2 and IC 16-34-6, has the meaning set forth in
13 IC 16-34-6-2.
14 SECTION 3. IC 16-18-2-88.1 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2022]: Sec. 88.1. "Course of conduct", for
17 purposes of IC 16-34-6, has the meaning set forth in IC 16-34-6-3.
2022 IN 1217—LS 7090/DI 147 2
1 SECTION 4. IC 16-18-2-92.8 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2022]: Sec. 92.8. "Dependent", for purposes
4 of IC 16-34-6, has the meaning set forth in IC 16-34-6-4.
5 SECTION 5. IC 16-18-2-214.9 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2022]: Sec. 214.9. "Mandatory reporter", for
8 purposes of IC 16-34-6, has the meaning set forth in IC 16-34-6-5.
9 SECTION 6. IC 16-18-2-282, AS AMENDED BY P.L.153-2018,
10 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 282. (a) "Physician", except as provided in
12 subsections (b), and (c), and (e), means a licensed physician (as
13 defined in section 202 of this chapter).
14 (b) "Physician", for purposes of IC 16-41-12, has the meaning set
15 forth in IC 16-41-12-7.
16 (c) "Physician", for purposes of IC 16-37-1-3.1 and IC 16-37-3-5,
17 means an individual who:
18 (1) was the physician last in attendance (as defined in section
19 282.2 of this chapter); or
20 (2) is licensed under IC 25-22.5.
21 (d) "Physician", for purposes of IC 16-48-1, is subject to
22 IC 16-48-1-2.
23 (e) "Physician", for purposes of IC 16-34-6, has the meaning set
24 forth in IC 16-34-6-6.
25 SECTION 7. IC 16-18-2-290 IS AMENDED TO READ AS
26 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 290. (a) "Pregnant
27 woman", for purposes of IC 16-26, means an individual of any age
28 who:
29 (1) has been a resident of Indiana continuously for at least sixty
30 (60) days before her pregnancy;
31 (2) has verified her pregnancy and intends to carry her pregnancy
32 to term or has given birth to a child; and
33 (3) is in need of assistance and temporary residence.
34 (b) "Pregnant woman", for purposes of IC 16-34-6, has the
35 meaning set forth in IC 16-34-6-7.
36 SECTION 8. IC 16-18-2-293.1 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2022]: Sec. 293.1. "Private room", for
39 purposes of IC 16-34-2, has the meaning set forth in IC 16-34-2-0.7.
40 SECTION 9. IC 16-18-2-317.3 IS ADDED TO THE INDIANA
41 CODE AS A NEW SECTION TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2022]: Sec. 317.3. "Reproductive health care
2022 IN 1217—LS 7090/DI 147 3
1 facility", for purposes of IC 16-34-6, has the meaning set forth in
2 IC 16-34-6-8.
3 SECTION 10. IC 16-18-2-332.1 IS ADDED TO THE INDIANA
4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2022]: Sec. 332.1. "Solely", for purposes of
6 IC 16-34-6, has the meaning set forth in IC 16-34-6-9.
7 SECTION 11. IC 16-18-2-351.7 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2022]: Sec. 351.7. "Threat", for purposes of
10 IC 16-34-6, has the meaning set forth in IC 16-34-6-10.
11 SECTION 12. IC 16-18-2-357.7 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2022]: Sec. 357.7. "Unborn child", for
14 purposes of IC 16-34-6, has the meaning set forth in IC 16-34-6-11.
15 SECTION 13. IC 16-34-2-0.7 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2022]: Sec. 0.7. As used in this chapter,
18 "private room" means a room in which only a patient and medical
19 staff are present.
20 SECTION 14. IC 16-34-2-1.1, AS AMENDED BY P.L.218-2021,
21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2022]: Sec. 1.1. (a) An abortion shall not be performed except
23 with the voluntary and informed consent of the pregnant woman upon
24 whom the abortion is to be performed. Except in the case of a medical
25 emergency, consent to an abortion is voluntary and informed only if the
26 following conditions are met:
27 (1) At least eighteen (18) hours before the abortion and in the
28 private, not group, presence of the pregnant woman, the physician
29 who is to perform the abortion, the referring physician or a
30 physician assistant (as defined in IC 25-27.5-2-10), an advanced
31 practice registered nurse (as defined in IC 25-23-1-1(b)), or a
32 certified nurse midwife (as defined in IC 34-18-2-6.5) to whom
33 the responsibility has been delegated by the physician who is to
34 perform the abortion or the referring physician has informed the
35 pregnant woman orally and in writing of the following:
36 (A) The name of the physician performing the abortion, the
37 physician's medical license number, and an emergency
38 telephone number where the physician or the physician's
39 designee may be contacted on a twenty-four (24) hour a day,
40 seven (7) day a week basis.
41 (B) That follow-up care by the physician or the physician's
42 designee (if the designee is licensed under IC 25-22.5) is
2022 IN 1217—LS 7090/DI 147 4
1 available on an appropriate and timely basis when clinically
2 necessary.
3 (C) The nature of the proposed procedure or information
4 concerning the abortion inducing drug that includes the
5 following statement: "Some evidence suggests that effects of
6 Mifespristone may be avoided, ceased, or reversed if the
7 second pill, Misoprostol, has not been taken. Immediately
8 contact the following for more information at (insert
9 applicable abortion inducing drug reversal Internet web site
10 and corresponding hotline number)."
11 (D) Objective scientific information of the risks of and
12 alternatives to the procedure or the use of an abortion inducing
13 drug, including:
14 (i) the risk of infection and hemorrhage;
15 (ii) the potential danger to a subsequent pregnancy; and
16 (iii) the potential danger of infertility.
17 (E) That human physical life begins when a human ovum is
18 fertilized by a human sperm.
19 (F) The probable gestational age of the fetus at the time the
20 abortion is to be performed, including:
21 (i) a picture of a fetus;
22 (ii) the dimensions of a fetus; and
23 (iii) relevant information on the potential survival of an
24 unborn fetus;
25 at this stage of development.
26 (G) That objective scientific information shows that a fetus
27 can feel pain at or before twenty (20) weeks of postfertilization
28 age.
29 (H) The medical risks associated with carrying the fetus to
30 term.
31 (I) The availability of fetal ultrasound imaging and
32 auscultation of fetal heart tone services to enable the pregnant
33 woman to view the image and hear the heartbeat of the fetus
34 and how to obtain access to these services.
35 (J) That the pregnancy of a child less than fifteen (15) years of
36 age may constitute child abuse under Indiana law if the act
37 included an adult and must be reported to the department of
38 child services or the local law enforcement agency under
39 IC 31-33-5.
40 (K) That Indiana does not allow a fetus to be aborted solely
41 because of the fetus's race, color, national origin, ancestry, sex,
42 or diagnosis or potential diagnosis of the fetus having Down
2022 IN 1217—LS 7090/DI 147 5
1 syndrome or any other disability.
2 (L) That no one has the right to coerce the pregnant
3 woman to have an abortion.
4 (2) At least eighteen (18) hours before the abortion, the pregnant
5 woman will be informed orally and in writing of the following:
6 (A) That medical assistance benefits may be available for
7 prenatal care, childbirth, and neonatal care from the county
8 office of the division of family resources.
9 (B) That the father of the unborn fetus is legally required to
10 assist in the support of the child. In the case of rape, the
11 information required under this clause may be omitted.
12 (C) That adoption alternatives are available and that adoptive
13 parents may legally pay the costs of prenatal care, childbirth,
14 and neonatal care.
15 (D) That there are physical risks to the pregnant woman in
16 having an abortion, both during the abortion procedure and
17 after.
18 (E) That Indiana has enacted the safe haven law under
19 IC 31-34-2.5.
20 (F) The:
21 (i) Internet web site address of the state department of
22 health's web site; and
23 (ii) description of the information that will be provided on
24 the web site and that are; is;
25 described in section 1.5 of this chapter.
26 (G) For the facility in which the abortion is to be performed,
27 an emergency telephone number that is available and
28 answered on a twenty-four (24) hour a day, seven (7) day a
29 week basis.
30 (H) On a form developed by the state department and as
31 described in IC 16-34-3, that the pregnant woman has a right
32 to determine the final disposition of the remains of the aborted
33 fetus.
34 (I) On a form developed by the state department, that the
35 pregnant woman has a right, after a surgical abortion, to:
36 (i) dispose of the remains of the aborted fetus by interment
37 in compliance with IC 23-14-54, or cremation through a
38 licensee (as defined in IC 25-15-2-19) and in compliance
39 with IC 23-14-31; or
40 (ii) have the health care facility or abortion clinic dispose of
41 the remains of the aborted fetus by interment in compliance
42 with IC 23-14-54, or cremation through a licensee (as
2022 IN 1217—LS 7090/DI 147 6
1 defined in IC 25-15-2-19) and in compliance with
2 IC 23-14-31, and ask which method of disposition will be
3 used by the health care facility or abortion clinic.
4 (J) On a form developed by the state department:
5 (i) that a pregnant woman, after an abortion induced by an
6 abortion inducing drug, will expel an aborted fetus; and
7 (ii) the disposition policy of the health care facility or the
8 abortion clinic concerning the disposition of the aborted
9 fetus. The disposition policy must allow the pregnant
10 woman to return the aborted fetus to the health care facility
11 or abortion clinic for disposition by interment in compliance
12 with IC 23-14-54, or cremation through a licensee (as
13 defined in IC 25-15-2-19) and in compliance with
14 IC 23-14-31.
15 (K) On a form developed by the state department, information
16 concerning any counseling that is available to a pregnant
17 woman after having an abortion.
18 The state department shall develop and distribute the forms
19 required by clauses (H) through (K).
20 (3) The pregnant woman certifies in writing, on a form developed
21 by the state department, before the abortion is performed, that:
22 (A) the information required by subdivisions (1) and (2) has
23 been provided to the pregnant woman;
24 (B) the pregnant woman has been offered by the provider the
25 opportunity to view the fetal ultrasound imaging and hear the
26 auscultation of the fetal heart tone if the fetal heart tone is
27 audible and that the woman has:
28 (i) viewed or refused to view the offered fetal ultrasound
29 imaging; and
30 (ii) listened to or refused to listen to the offered auscultation
31 of the fetal heart tone if the fetal heart tone is audible; and
32 (C) the pregnant woman has been given a written copy of the
33 printed materials described in section 1.5 of this chapter.
34 (4) At least eighteen (18) hours before the abortion and in the
35 presence of the pregnant woman, the physician who is to perform
36 the abortion, the referring physician or a physician assistant (as
37 defined in IC 25-27.5-2-10), an advanced practice registered
38 nurse (as defined in IC 25-23-1-1(b)), or a certified nurse midwife
39 (as defined in IC 34-18-2-6.5) to whom the responsibility has
40 been delegated by the physician who is to perform the abortion or
41 the referring physician has provided the pregnant woman with a
42 color copy of the informed consent brochure described in section
2022 IN 1217—LS 7090/DI 147 7
1 1.5 of this chapter by printing the informed consent brochure from
2 the state department's Internet web site and including the
3 following information on the back cover of the brochure:
4 (A) The name of the physician performing the abortion and the
5 physician's medical license number.
6 (B) An emergency telephone number where the physician or
7 the physician's designee may be contacted twenty-four (24)
8 hours a day, seven (7) days a week.
9 (C) A statement that follow-up care by the physician or the
10 physician's designee who is licensed under IC 25-22.5 is
11 available on an appropriate and timely basis when clinically
12 necessary.
13 (5) At least eighteen (18) hours before an abortion is performed
14 and at the same time that the pregnant woman receives the
15 information required by subdivision (1), the provider shall
16 perform, and the pregnant woman shall view, the fetal ultrasound
17 imaging and hear the auscultation of the fetal heart tone if the
18 fetal heart tone is audible unless the pregnant woman certifies in
19 writing, on a form developed by the state department, before the
20 abortion is performed, that the pregnant woman:
21 (A) does not want to view the fetal ultrasound imaging; and
22 (B) does not want to listen to the auscultation of the fetal heart
23 tone if the fetal heart tone is audible.
24 A pregnant woman must be advised, prior to the pregnant
25 woman's decision concerning fetal ultrasound imaging, that an
26 ultrasound image of the fetus will be provided to the pregnant
27 woman to keep at no charge to the pregnant woman if the fetal
28 ultrasound is performed.
29 (6) At least eighteen (18) hours before the abortion, the
30 physician who is to perform the abortion, the referring
31 physician or a physician assistant (as defined in
32 IC 25-27.5-2-10), an advanced practice registered nurse (as
33 defined in IC 25-23-1-1(b)), or a certified nurse midwife (as
34 defined in IC 34-18-2-6.5) to whom the responsibility has been
35 delegated by the physician who is to perform the abortion or
36 the referring physician shall, in a private room without
37 individuals who are not medical staff, verbally ask the
38 pregnant woman if she is being coerced to have an abortion.
39 (b) This subsection applies to a pregnant woman whose unborn
40 child has been diagnosed with a lethal fetal anomaly. The requirements
41 of this subsection are in addition to the other requirements of this
42 section. At least eighteen (18) hours before an abortion is performed on
2022 IN 1217—LS 7090/DI 147 8
1 the pregnant woman, the physician who will perform the abortion shall:
2 (1) orally and in person, inform the pregnant woman of the
3 availability of perinatal hospice services; and
4 (2) provide the pregnant woman copies of the perinatal hospice
5 brochure developed by the state department under IC 16-25-4.5-4
6 and the list of perinatal hospice providers and programs
7 developed under IC 16-25-4.5-5, by printing the perinatal hospice
8 brochure and list of perinatal hospice providers from the state
9 department's Internet web site.
10 (c) If a pregnant woman described in subsection (b) chooses to have
11 an abortion rather than continuing the pregnancy in perinatal hospice
12 care, the pregnant woman shall certify in writing, on a form developed
13 by the state department under IC 16-25-4.5-6, at least eighteen (18)
14 hours before the abortion is performed, that the pregnant woman has
15 been provided the information described in subsection (b) in the
16 manner required by subsection (b).
17 (d) For any abortion performed under this article, the physician who
18 is to perform the abortion, the referring physician or a physician
19 assistant (as defined in IC 25-27.5-2-10), an advanced practice
20 registered nurse (as defined in IC 25-23-1-1(b)), or a certified nurse
21 midwife (as defined in IC 34-18-2-6.5) to whom the responsibility has
22 been delegated by the physician who is to perform the abortion or the
23 referring physician shall include, or ensure the inclusion of, a copy of
24 a pregnant woman's ultrasound report in the pregnant woman's patient
25 file.
26 (e) If the physician who is to perform the abortion, the referring
27 physician, a physician assistant (as defined in IC 25-27.5-2-10), an
28 advanced practice registered nurse (as defined in IC 25-23-1-1(b)),
29 or a certified nurse midwife (as defined in IC 34-18-2-6.5) suspects
30 a pregnant woman is being coerced to have an abortion after
31 making the inquiry required under subsection (a)(6), the physician,
32 physician assistant, advanced practice registered nurse, or certified
33 nurse midwife shall:
34 (1) inform the pregnant woman that coercing a pregnant
35 woman to have an abortion is illegal;
36 (2) inform the pregnant woman that a demand by the father
37 to have an abortion does not relieve him of financial support
38 responsibilities; and
39 (3) provide the pregnant woman with:
40 (A) information about:
41 (i) assistance;
42 (ii) counseling; and
2022 IN 1217—LS 7090/DI 147 9
1 (iii) protective services offered by social programs and
2 local or state law enforcement agencies;
3 (B) access to a telephone if she needs to make a private
4 telephone call; and
5 (C) access to an alternate exit from the health care facility.
6 (f) Except as provided in subsection (g), if a physician, physician
7 assistant (as defined in IC 25-27.5-2-10), advanced practice
8 registered nurse (as defined in IC 25-23-1-1(b)), or certified nurse
9 midwife (as defined in IC 34-18-2-6.5) knows or should reasonably
10 know that a pregnant woman is being coerced into having an
11 abortion within twenty-four (24) hours of when:
12 (1) the facts or suspicion of coercion becomes known after
13 making the inquiry required under subsection (a)(6); and
14 (2) the woman has been provided the information described
15 in subsection (e);
16 an abortion may not be provided to the pregnant woman for at
17 least twenty-four (24) hours.
18 (g) The twenty-four (24) hour period described in subsection (f)
19 may be waived if a physician, in the physician's best medical
20 judgment, determines that an abortion is necessary to prevent the
21 death of the pregnant woman or to prevent substantial and
22 irreversible injury to a major bodily function of the pregnant
23 woman.
24 SECTION 15. IC 16-34-6 IS ADDED TO THE INDIANA CODE
25 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]:
27 Chapter 6. Coerced Abortions
28 Sec. 1. (a) Except as provided in subsection (b), as used in this
29 chapter, "abortion" means the act of using or prescribing any
30 instrument, medicine, drug or any other substance, device, or
31 means with the intent to terminate the clinically diagnosable
32 pregnancy of a woman with knowledge that the termination by
33 those means will with reasonable likelihood cause the death of an
34 unborn child.
35 (b) The term does not include using an instrument, medicine, a
36 drug, or any other substance, device, or means with the intent to:
37 (1) save the life or preserve the health of the unborn child;
38 (2) remove a dead unborn child caused by spontaneous
39 abortion; or
40 (3) remove an ectopic pregnancy.
41 Sec. 2. (a) As used in this chapter, "coercion" means intentional
42 conduct by an individual aimed at causing or directing a pregnant
2022 IN 1217—LS 7090/DI 147 10
1 woman to have an abortion solely conditioned upon the pregnant
2 woman disregarding or refusing the individual's demand that she
3 seek an abortion by knowingly or intentionally doing any of the
4 following:
5 (1) Committing, attempting to commit, or threatening to
6 commit physical harm to:
7 (A) the pregnant woman;
8 (B) the unborn child; or
9 (C) another individual.
10 (2) Committing, attempting to commit, or threatening to
11 commit a criminal act.
12 (3) Revoking, attempting to revoke, or threatening to revoke
13 a scholarship awarded to the pregnant woman by a:
14 (A) public; or
15 (B) private;
16 institution of higher education.
17 (4) Discharging, attempting to discharge, or threatening to
18 discharge:
19 (A) the pregnant woman; or
20 (B) another individual;
21 from employment.
22 (5) Changing, attempting to change, or threatening to change:
23 (A) the pregnant woman's; or
24 (B) another individual's;
25 compensation or terms, conditions, or privileges of
26 employment.
27 (6) Denying, attempting to deny, or threatening to deny any
28 social assistance that the pregnant woman or another
29 individual has:
30 (A) applied for and is eligible for;
31 (B) been approved for; or
32 (C) been receiving.
33 (7) Denying, removing, or threatening to deny or remove
34 financial support or housing from the pregnant woman or a
35 dependent of the pregnant woman.
36 (b) The term does not include constitutionally protected speech,
37 conduct, or expressions of conscience.
38 Sec. 3. As used in this chapter, "course of conduct" means a
39 pattern of conduct composed of a series of two (2) or more separate
40 acts evidencing a continuity of purpose.
41 Sec. 4. As used in this chapter, "dependent" means:
42 (1) an unemancipated person who is less than eighteen (18)
2022 IN 1217—LS 7090/DI 147 11
1 years of age; or
2 (2) a person of any age who has a mental or physical
3 disability.
4 Sec. 5. As used in this chapter, "mandatory reporter" means
5 any person providing health care services, including:
6 (1) a physician;
7 (2) a surgeon;
8 (3) a physical therapist;
9 (4) a psychiatrist;
10 (5) a psychologist;
11 (6) a medical resident;
12 (7) a medical intern;
13 (8) hospital staff;
14 (9) a licensed nurse;
15 (10) a nurse's aide;
16 (11) any emergency medical technician;
17 (12) a paramedic; and
18 (13) any:
19 (A) employee;
20 (B) staff member; or
21 (C) volunteer;
22 at a reproductive health care facility.
23 Sec. 6. As used in this chapter, "physician" means any person
24 licensed to practice medicine in Indiana. The term includes a
25 medical doctor and a doctor of osteopathy.
26 Sec. 7. As used in this chapter, "pregnant woman" means any
27 female, including a female who is less than eighteen (18) years of
28 age, who is in the reproductive condition of having an unborn child
29 in her uterus.
30 Sec. 8. As used in this chapter, "reproductive health care
31 facility" means any office, clinic, or other physical location licensed
32 by the state to provide surgical or medical abortions, abortion
33 counseling, abortion referrals, contraceptives, contraceptive
34 counseling, sex education, or gynecological services.
35 Sec. 9. As used in this chapter, "solely" means conduct that
36 would not have occurred if a woman were not pregnant.
37 Sec. 10. (a) Except as provided in subsection (b), as used in this
38 chapter, "threat" means at least one (1) statement or a course of
39 conduct by an individual that would cause a reasonable person to
40 believe that the individual is likely to act in accordance with the
41 statement or as implied by the course of conduct.
42 (b) The term does not include constitutionally protected speech
2022 IN 1217—LS 7090/DI 147 12
1 or any generalized statement regarding a lawful pregnancy option,
2 including an emotional expression by a family or household
3 member regarding the pregnant woman.
4 Sec. 11. A used in this chapter, "unborn child" means the
5 offspring of a human being from conception until birth.
6 Sec. 12. A person who knowingly or intentionally coerces a
7 pregnant woman to have an abortion commits a Level 6 felony.
8 Sec. 13. If a pregnant woman less than eighteen (18) years of age
9 is threatened with coercion, she may apply to a superior court for
10 relief. The court appointed counsel may give the case expedited
11 consideration and petition for a protection order to prevent further
12 coercion.
13 Sec. 14. If a female less than eighteen (18) years of age is denied
14 financial support by a parent, guardian, or custodian because she
15 refuses to have an abortion, she will be considered emancipated for
16 purposes of eligibility for public assistance benefits.
17 Sec. 15. (a) A mandatory reporter must report to law
18 enforcement every instance of alleged or suspected coerced
19 abortion as described in section 2 of this chapter. A mandatory
20 reporter may not use discretion in deciding whether a case should
21 or should not be reported to law enforcement.
22 (b) A mandatory reporter must make a report described in
23 subsection (a) to law enforcement within twenty-four (24) hours of
24 the coercion or attempted coercion being brought to the mandatory
25 reporter's attention.
26 (c) A mandatory reporter may not delegate the responsibility to
27 report coercion or attempted coercion under subsection (a) to
28 another individual.
29 (d) The mandatory reporter making a report under subsection
30 (a) shall provide the following information:
31 (1) The name and address of the pregnant woman.
32 (2) The name and address of the person who is responsible for
33 the care or custody of the pregnant woman if she is less than
34 eighteen (18) years of age.
35 (3) Any pertinent information relating to the alleged or
36 suspected coercion or attempted coercion of the pregnant
37 woman to undergo an abortion.
38 (e) A reproductive health care facility that knowingly employs
39 a mandatory reporter after a mandatory reporter violates this
40 section commits a Class C infraction.
41 SECTION 16. IC 25-22.5-8-6, AS ADDED BY P.L.173-2017,
42 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2022 IN 1217—LS 7090/DI 147 13
1 JULY 1, 2022]: Sec. 6. (a) As used in this section, "abortion" has the
2 meaning set forth in IC 16-18-2-1. IC 16-18-2-1(a).
3 (b) Notwithstanding IC 25-1-9, the board may revoke the license of
4 a physician if, after appropriate notice and an opportunity for a hearing,
5 the attorney general proves by a preponderance of the evidence that the
6 physician:
7 (1) failed to transmit the form to the state department of health as
8 described in IC 16-34-2-5(b); or
9 (2) performed an abortion in violation of IC 16-34-2-7(a) through
10 IC 16-34-2-7(c) with the intent to avoid the requirements of
11 IC 16-34-2.
12 SECTION 17. IC 34-23-2-1, AS AMENDED BY P.L.129-2009,
13 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 1. (a) Except as provided in subsection (b), this
15 section does not apply to an abortion performed in compliance with:
16 (1) IC 16-34; or
17 (2) IC 35-1-58.5 (before its repeal).
18 (b) This section applies to a coerced abortion under IC 16-34-6.
19 (b) (c) As used in this section, "child" means an unmarried
20 individual without dependents who is:
21 (1) less than twenty (20) years of age; or
22 (2) less than twenty-three (23) years of age and is enrolled in a
23 postsecondary educational institution or a career and technical
24 education school or program that is not a postsecondary
25 educational program.
26 The term includes a fetus that has attained viability (as defined in
27 IC 16-18-2-365). in any stage of development.
28 (c) (d) An action may be maintained under this section against the
29 person whose wrongful act or omission caused the injury or death of a
30 child. The action may be maintained by:
31 (1) the father and mother jointly, or either of them by naming the
32 other parent as a codefendant to answer as to his or her interest;
33 (2) in case of divorce or dissolution of marriage, the person to
34 whom custody of the child was awarded; and
35 (3) a guardian, for the injury or death of a protected person.
36 (d) (e) In case of death of the person to whom custody of a child was
37 awarded, a personal representative shall be appointed to maintain the
38 action for the injury or death of the child.
39 (e) (f) In an action brought by a guardian for an injury to a protected
40 person, the damages inure to the benefit of the protected person.
41 (f) (g) In an action to recover for the death of a child, the plaintiff
42 may recover damages:
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1 (1) for the loss of the child's services;
2 (2) for the loss of the child's love and companionship; and
3 (3) to pay the expenses of:
4 (A) health care and hospitalization necessitated by the
5 wrongful act or omission that caused the child's death;
6 (B) the child's funeral and burial;
7 (C) the reasonable expense of psychiatric and psychological
8 counseling incurred by a surviving parent or minor sibling of
9 the child that is required because of the death of the child;
10 (D) uninsured debts of the child, including debts for which a
11 parent is obligated on behalf of the child; and
12 (E) the administration of the child's estate, including
13 reasonable attorney's fees.
14 (g) (h) Damages may be awarded under this section only with
15 respect to the period of time from the death of the child until:
16 (1) the date that the child would have reached:
17 (A) twenty (20) years of age; or
18 (B) twenty-three (23) years of age, if the child was enrolled in
19 a postsecondary educational institution or in a career and
20 technical education school or program that is not a
21 postsecondary educational program; or
22 (2) the date of the child's last surviving parent's death;
23 whichever first occurs.
24 (h) (i) Damages may be awarded under subsection (f)(2) (g)(2) only
25 with respect to the period of time from the death of the child until the
26 date of the child's last surviving parent's death.
27 (i) (j) Damages awarded under subsection (f)(1), (f)(2), (f)(3)(C),
28 (g)(1), (g)(2), (g)(3)(C), and (f)(3)(D) (g)(3)(D) inure to the benefit of:
29 (1) the father and mother jointly if both parents had custody of the
30 child;
31 (2) the custodial parent, or custodial grandparent, and the
32 noncustodial parent of the deceased child as apportioned by the
33 court according to their respective losses; or
34 (3) a custodial grandparent of the child if the child was not
35 survived by a parent entitled to benefit under this section.
36 However, a parent or grandparent who abandoned a deceased child
37 while the child was alive is not entitled to any recovery under this
38 chapter.
39 (j) (k) This section does not affect or supersede any other right,
40 remedy, or defense provided by any other law.
41 SECTION 18. IC 35-41-3-2, AS AMENDED BY P.L.107-2019,
42 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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1 JULY 1, 2022]: Sec. 2. (a) In enacting this section, the general
2 assembly finds and declares that it is the policy of this state to
3 recognize the unique character of a citizen's home and to ensure that a
4 citizen feels secure in his or her own home against unlawful intrusion
5 by another individual or a public servant. By reaffirming the long
6 standing right of a citizen to protect his or her home against unlawful
7 intrusion, however, the general assembly does not intend to diminish
8 in any way the other robust self defense rights that citizens of this state
9 have always enjoyed. Accordingly, the general assembly also finds and
10 declares that it is the policy of this state that people have a right to
11 defend themselves and third parties from physical harm and crime. The
12 purpose of this section is to provide the citizens of this state with a
13 lawful means of carrying out this policy. Provisions concerning civil
14 immunity for the justified use of force as defined in this section are
15 codified under IC 34-30-31.
16 (b) As used in this section, "public servant" means a person
17 described in IC 35-31.5-2-129 or IC 35-31.5-2-185.
18 (c) A person is justified in using reasonable force against any other
19 person to protect the person or a third person, including a fetus (as
20 defined in IC 16-18-2-128.7), from what the person reasonably
21 believes to be the imminent use of unlawful force. However, a person:
22 (1) is justified in using deadly force; and
23 (2) does not have a duty to retreat;
24 if the person reasonably believes that that force is necessary to prevent
25 serious bodily injury to the person or a third person or the commission
26 of a forcible felony. No person, employer, or estate of a person in this
27 state shall be placed in legal jeopardy of any kind whatsoever for
28 protecting the person or a third person by reasonable means necessary.
29 (d) A person:
30 (1) is justified in using reasonable force, including deadly force,
31 against any other person; and
32 (2) does not have a duty to retreat;
33 if the person reasonably believes that the force is necessary to prevent
34 or terminate the other person's unlawful entry of or attack on the
35 person's dwelling, curtilage, or occupied motor vehicle.
36 (e) With respect to property other than a dwelling, curtilage, or an
37 occupied motor vehicle, a person is justified in using reasonable force
38 against any other person if the person reasonably believes that the force
39 is necessary to immediately prevent or terminate the other person's
40 trespass on or criminal interference with property lawfully in the
41 person's possession, lawfully in possession of a member of the person's
42 immediate family, or belonging to a person whose property the person
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1 has authority to protect. However, a person:
2 (1) is justified in using deadly force; and
3 (2) does not have a duty to retreat;
4 only if that force is justified under subsection (c).
5 (f) A person is justified in using reasonable force, including deadly
6 force, against any other person and does not have a duty to retreat if the
7 person reasonably believes that the force is necessary to prevent or stop
8 the other person from hijacking, attempting to hijack, or otherwise
9 seizing or attempting to seize unlawful control of an aircraft in flight.
10 For purposes of this subsection, an aircraft is considered to be in flight
11 while the aircraft is:
12 (1) on the ground in Indiana:
13 (A) after the doors of the aircraft are closed for takeoff; and
14 (B) until the aircraft takes off;
15 (2) in the airspace above Indiana; or
16 (3) on the ground in Indiana:
17 (A) after the aircraft lands; and
18 (B) before the doors of the aircraft are opened after landing.
19 (g) Notwithstanding subsections (c) through (e), a person is not
20 justified in using force if:
21 (1) the person is committing or is escaping after the commission
22 of a crime;
23 (2) the person provokes unlawful action by another person with
24 intent to cause bodily injury to the other person; or
25 (3) the person has entered into combat with another person or is
26 the initial aggressor unless the person withdraws from the
27 encounter and communicates to the other person the intent to do
28 so and the other person nevertheless continues or threatens to
29 continue unlawful action.
30 (h) Notwithstanding subsection (f), a person is not justified in using
31 force if the person:
32 (1) is committing, or is escaping after the commission of, a crime;
33 (2) provokes unlawful action by another person, with intent to
34 cause bodily injury to the other person; or
35 (3) continues to combat another person after the other person
36 withdraws from the encounter and communicates the other
37 person's intent to stop hijacking, attempting to hijack, or
38 otherwise seizing or attempting to seize unlawful control of an
39 aircraft in flight.
40 (i) A person is justified in using reasonable force against a public
41 servant if the person reasonably believes the force is necessary to:
42 (1) protect the person or a third person from what the person
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1 reasonably believes to be the imminent use of unlawful force;
2 (2) prevent or terminate the public servant's unlawful entry of or
3 attack on the person's dwelling, curtilage, or occupied motor
4 vehicle; or
5 (3) prevent or terminate the public servant's unlawful trespass on
6 or criminal interference with property lawfully in the person's
7 possession, lawfully in possession of a member of the person's
8 immediate family, or belonging to a person whose property the
9 person has authority to protect.
10 (j) Notwithstanding subsection (i), a person is not justified in using
11 force against a public servant if:
12 (1) the person is committing or is escaping after the commission
13 of a crime;
14 (2) the person provokes action by the public servant with intent to
15 cause bodily injury to the public servant;
16 (3) the person has entered into combat with the public servant or
17 is the initial aggressor, unless the person withdraws from the
18 encounter and communicates to the public servant the intent to do
19 so and the public servant nevertheless continues or threatens to
20 continue unlawful action; or
21 (4) the person reasonably believes the public servant is:
22 (A) acting lawfully; or
23 (B) engaged in the lawful execution of the public servant's
24 official duties.
25 (k) A person is not justified in using deadly force against a public
26 servant whom the person knows or reasonably should know is a public
27 servant unless:
28 (1) the person reasonably believes that the public servant is:
29 (A) acting unlawfully; or
30 (B) not engaged in the execution of the public servant's official
31 duties; and
32 (2) the force is reasonably necessary to prevent serious bodily
33 injury to the person or a third person.
34 SECTION 19. IC 35-52-16-23.5 IS ADDED TO THE INDIANA
35 CODE AS A NEW SECTION TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2022]: Sec. 23.5. IC 16-34-6-12 defines a
37 crime concerning coerced abortion.
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