Indiana 2022 Regular Session

Indiana House Bill HB1217 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1217.1
	2	+	February 18, 2022
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1217
	5	+	_____
	6	+	DIGEST OF HB 1217 (Updated February 16, 2022 6:17 pm - DI 149)
	7	+	Citations Affected: IC 16-18; IC 16-34; IC 35-52.
	8	+	Synopsis: Coerced abortion. Requires that a pregnant woman seeking
	9	+	an abortion must be informed that a coerced abortion is illegal.
	10	+	Provides that certain medical personnel must inquire with a pregnant
	11	+	woman seeking an abortion whether the abortion is coerced. Requires
	12	+	certain medical personnel who believe that an abortion is coerced to
	13	+	offer the pregnant woman information on certain services, the use of a
	14	+	telephone, and an alternative exit from the health care facility. Makes
	15	+	it a Level 6 felony if a person knowingly or intentionally coerces a
	16	+	pregnant woman into having an abortion. Mandates reports of a
	17	+	coerced abortion to law enforcement. Provides that a law enforcement
	18	+	agency must immediately respond and initiate an investigation upon
	19	+	receipt of a complaint of coercion or attempted coercion. Makes it a
	20	+	Class C infraction if a reproductive health facility knowingly employs
	21	+	a mandatory reporter who violates the mandatory reporting statute.
	22	+	Effective: July 1, 2022.
	23	+	King, Mayfield, Fleming, Jeter
	24	+	(SENATE SPONSORS — BROWN L, ROGERS, DONATO, BOEHNLEIN)
	25	+	January 6, 2022, read first time and referred to Committee on Courts and Criminal Code.
	26	+	January 20, 2022, amended, reported — Do Pass.
	27	+	January 24, 2022, read second time, amended, ordered engrossed.
	28	+	January 25, 2022, engrossed. Read third time, passed. Yeas 73, nays 18.
	29	+	SENATE ACTION
	30	+	February 2, 2022, read first time and referred to Committee on Judiciary.
	31	+	February 17, 2022, amended, reported favorably — Do Pass.
	32	+	EH 1217—LS 7090/DI 147 February 18, 2022
1	33		Second Regular Session of the 122nd General Assembly (2022)
2	34		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	35		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	36		additions will appear in this style type, and deletions will appear in this style type.
5	37		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	38		provision adopted), the text of the new provision will appear in this style type. Also, the
7	39		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	40		a new provision to the Indiana Code or the Indiana Constitution.
9	41		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	42		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1217
12		-	AN ACT to amend the Indiana Code concerning health.
	43	+	ENGROSSED
	44	+	HOUSE BILL No. 1217
	45	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	46	+	health.
13	47		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 16-18-2-214.9 IS ADDED TO THE INDIANA
15		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
16		-	[EFFECTIVE JULY 1, 2022]: Sec. 214.9. "Mandatory reporter", for
17		-	purposes of IC 16-34-6, has the meaning set forth in IC 16-34-6-2.
18		-	SECTION 2. IC 16-18-2-282, AS AMENDED BY P.L.153-2018,
19		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20		-	JULY 1, 2022]: Sec. 282. (a) "Physician", except as provided in
21		-	subsections (b), and (c), and (e), means a licensed physician (as
22		-	defined in section 202 of this chapter).
23		-	(b) "Physician", for purposes of IC 16-41-12, has the meaning set
24		-	forth in IC 16-41-12-7.
25		-	(c) "Physician", for purposes of IC 16-37-1-3.1 and IC 16-37-3-5,
26		-	means an individual who:
27		-	(1) was the physician last in attendance (as defined in section
28		-	282.2 of this chapter); or
29		-	(2) is licensed under IC 25-22.5.
30		-	(d) "Physician", for purposes of IC 16-48-1, is subject to
31		-	IC 16-48-1-2.
32		-	(e) "Physician", for purposes of IC 16-34-6, has the meaning set
33		-	forth in IC 16-34-6-3.
34		-	SECTION 3. IC 16-18-2-317.3 IS ADDED TO THE INDIANA
35		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
36		-	HEA 1217 — Concur 2
37		-	[EFFECTIVE JULY 1, 2022]: Sec. 317.3. "Reproductive health care
38		-	facility", for purposes of IC 16-34-6, has the meaning set forth in
39		-	IC 16-34-6-4.
40		-	SECTION 4. IC 16-34-2-1.1, AS AMENDED BY P.L.218-2021,
	48	+	1 SECTION 1. IC 16-18-2-214.9 IS ADDED TO THE INDIANA
	49	+	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
	50	+	3 [EFFECTIVE JULY 1, 2022]: Sec. 214.9. "Mandatory reporter", for
	51	+	4 purposes of IC 16-34-6, has the meaning set forth in IC 16-34-6-2.
	52	+	5 SECTION 2. IC 16-18-2-282, AS AMENDED BY P.L.153-2018,
	53	+	6 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	54	+	7 JULY 1, 2022]: Sec. 282. (a) "Physician", except as provided in
	55	+	8 subsections (b), and (c), and (e), means a licensed physician (as
	56	+	9 defined in section 202 of this chapter).
	57	+	10 (b) "Physician", for purposes of IC 16-41-12, has the meaning set
	58	+	11 forth in IC 16-41-12-7.
	59	+	12 (c) "Physician", for purposes of IC 16-37-1-3.1 and IC 16-37-3-5,
	60	+	13 means an individual who:
	61	+	14 (1) was the physician last in attendance (as defined in section
	62	+	15 282.2 of this chapter); or
	63	+	16 (2) is licensed under IC 25-22.5.
	64	+	17 (d) "Physician", for purposes of IC 16-48-1, is subject to
	65	+	EH 1217—LS 7090/DI 147 2
	66	+	1 IC 16-48-1-2.
	67	+	2 (e) "Physician", for purposes of IC 16-34-6, has the meaning set
	68	+	3 forth in IC 16-34-6-3.
	69	+	4 SECTION 3. IC 16-18-2-317.3 IS ADDED TO THE INDIANA
	70	+	5 CODE AS A NEW SECTION TO READ AS FOLLOWS
	71	+	6 [EFFECTIVE JULY 1, 2022]: Sec. 317.3. "Reproductive health care
	72	+	7 facility", for purposes of IC 16-34-6, has the meaning set forth in
	73	+	8 IC 16-34-6-4.
	74	+	9 SECTION 4. IC 16-34-2-1.1, AS AMENDED BY P.L.218-2021,
	75	+	10 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	76	+	11 JULY 1, 2022]: Sec. 1.1. (a) An abortion shall not be performed except
	77	+	12 with the voluntary and informed consent of the pregnant woman upon
	78	+	13 whom the abortion is to be performed. Except in the case of a medical
	79	+	14 emergency, consent to an abortion is voluntary and informed only if the
	80	+	15 following conditions are met:
	81	+	16 (1) At least eighteen (18) hours before the abortion and in the
	82	+	17 private, not group, presence of the pregnant woman, the physician
	83	+	18 who is to perform the abortion, the referring physician or a
	84	+	19 physician assistant (as defined in IC 25-27.5-2-10), an advanced
	85	+	20 practice registered nurse (as defined in IC 25-23-1-1(b)), or a
	86	+	21 certified nurse midwife (as defined in IC 34-18-2-6.5) to whom
	87	+	22 the responsibility has been delegated by the physician who is to
	88	+	23 perform the abortion or the referring physician has informed the
	89	+	24 pregnant woman orally and in writing of the following:
	90	+	25 (A) The name of the physician performing the abortion, the
	91	+	26 physician's medical license number, and an emergency
	92	+	27 telephone number where the physician or the physician's
	93	+	28 designee may be contacted on a twenty-four (24) hour a day,
	94	+	29 seven (7) day a week basis.
	95	+	30 (B) That follow-up care by the physician or the physician's
	96	+	31 designee (if the designee is licensed under IC 25-22.5) is
	97	+	32 available on an appropriate and timely basis when clinically
	98	+	33 necessary.
	99	+	34 (C) The nature of the proposed procedure or information
	100	+	35 concerning the abortion inducing drug that includes the
	101	+	36 following statement: "Some evidence suggests that effects of
	102	+	37 Mifespristone may be avoided, ceased, or reversed if the
	103	+	38 second pill, Misoprostol, has not been taken. Immediately
	104	+	39 contact the following for more information at (insert
	105	+	40 applicable abortion inducing drug reversal Internet web site
	106	+	41 and corresponding hotline number)."
	107	+	42 (D) Objective scientific information of the risks of and
	108	+	EH 1217—LS 7090/DI 147 3
	109	+	1 alternatives to the procedure or the use of an abortion inducing
	110	+	2 drug, including:
	111	+	3 (i) the risk of infection and hemorrhage;
	112	+	4 (ii) the potential danger to a subsequent pregnancy; and
	113	+	5 (iii) the potential danger of infertility.
	114	+	6 (E) That human physical life begins when a human ovum is
	115	+	7 fertilized by a human sperm.
	116	+	8 (F) The probable gestational age of the fetus at the time the
	117	+	9 abortion is to be performed, including:
	118	+	10 (i) a picture of a fetus;
	119	+	11 (ii) the dimensions of a fetus; and
	120	+	12 (iii) relevant information on the potential survival of an
	121	+	13 unborn fetus;
	122	+	14 at this stage of development.
	123	+	15 (G) That objective scientific information shows that a fetus
	124	+	16 can feel pain at or before twenty (20) weeks of postfertilization
	125	+	17 age.
	126	+	18 (H) The medical risks associated with carrying the fetus to
	127	+	19 term.
	128	+	20 (I) The availability of fetal ultrasound imaging and
	129	+	21 auscultation of fetal heart tone services to enable the pregnant
	130	+	22 woman to view the image and hear the heartbeat of the fetus
	131	+	23 and how to obtain access to these services.
	132	+	24 (J) That the pregnancy of a child less than fifteen (15) years of
	133	+	25 age may constitute child abuse under Indiana law if the act
	134	+	26 included an adult and must be reported to the department of
	135	+	27 child services or the local law enforcement agency under
	136	+	28 IC 31-33-5.
	137	+	29 (K) That Indiana does not allow a fetus to be aborted solely
	138	+	30 because of the fetus's race, color, national origin, ancestry, sex,
	139	+	31 or diagnosis or potential diagnosis of the fetus having Down
	140	+	32 syndrome or any other disability.
	141	+	33 (L) That no one has the right to coerce the pregnant
	142	+	34 woman to have an abortion.
	143	+	35 (2) At least eighteen (18) hours before the abortion, the pregnant
	144	+	36 woman will be informed orally and in writing of the following:
	145	+	37 (A) That medical assistance benefits may be available for
	146	+	38 prenatal care, childbirth, and neonatal care from the county
	147	+	39 office of the division of family resources.
	148	+	40 (B) That the father of the unborn fetus is legally required to
	149	+	41 assist in the support of the child. In the case of rape, the
	150	+	42 information required under this clause may be omitted.
	151	+	EH 1217—LS 7090/DI 147 4
	152	+	1 (C) That adoption alternatives are available and that adoptive
	153	+	2 parents may legally pay the costs of prenatal care, childbirth,
	154	+	3 and neonatal care.
	155	+	4 (D) That there are physical risks to the pregnant woman in
	156	+	5 having an abortion, both during the abortion procedure and
	157	+	6 after.
	158	+	7 (E) That Indiana has enacted the safe haven law under
	159	+	8 IC 31-34-2.5.
	160	+	9 (F) The:
	161	+	10 (i) Internet web site address of the state department of
	162	+	11 health's web site; and
	163	+	12 (ii) description of the information that will be provided on
	164	+	13 the web site and that are; is;
	165	+	14 described in section 1.5 of this chapter.
	166	+	15 (G) For the facility in which the abortion is to be performed,
	167	+	16 an emergency telephone number that is available and
	168	+	17 answered on a twenty-four (24) hour a day, seven (7) day a
	169	+	18 week basis.
	170	+	19 (H) On a form developed by the state department and as
	171	+	20 described in IC 16-34-3, that the pregnant woman has a right
	172	+	21 to determine the final disposition of the remains of the aborted
	173	+	22 fetus.
	174	+	23 (I) On a form developed by the state department, that the
	175	+	24 pregnant woman has a right, after a surgical abortion, to:
	176	+	25 (i) dispose of the remains of the aborted fetus by interment
	177	+	26 in compliance with IC 23-14-54, or cremation through a
	178	+	27 licensee (as defined in IC 25-15-2-19) and in compliance
	179	+	28 with IC 23-14-31; or
	180	+	29 (ii) have the health care facility or abortion clinic dispose of
	181	+	30 the remains of the aborted fetus by interment in compliance
	182	+	31 with IC 23-14-54, or cremation through a licensee (as
	183	+	32 defined in IC 25-15-2-19) and in compliance with
	184	+	33 IC 23-14-31, and ask which method of disposition will be
	185	+	34 used by the health care facility or abortion clinic.
	186	+	35 (J) On a form developed by the state department:
	187	+	36 (i) that a pregnant woman, after an abortion induced by an
	188	+	37 abortion inducing drug, will expel an aborted fetus; and
	189	+	38 (ii) the disposition policy of the health care facility or the
	190	+	39 abortion clinic concerning the disposition of the aborted
	191	+	40 fetus. The disposition policy must allow the pregnant
	192	+	41 woman to return the aborted fetus to the health care facility
	193	+	42 or abortion clinic for disposition by interment in compliance
	194	+	EH 1217—LS 7090/DI 147 5
	195	+	1 with IC 23-14-54, or cremation through a licensee (as
	196	+	2 defined in IC 25-15-2-19) and in compliance with
	197	+	3 IC 23-14-31.
	198	+	4 (K) On a form developed by the state department, information
	199	+	5 concerning any counseling that is available to a pregnant
	200	+	6 woman after having an abortion.
	201	+	7 The state department shall develop and distribute the forms
	202	+	8 required by clauses (H) through (K).
	203	+	9 (3) The pregnant woman certifies in writing, on a form developed
	204	+	10 by the state department, before the abortion is performed, that:
	205	+	11 (A) the information required by subdivisions (1) and (2) has
	206	+	12 been provided to the pregnant woman;
	207	+	13 (B) the pregnant woman has been offered by the provider the
	208	+	14 opportunity to view the fetal ultrasound imaging and hear the
	209	+	15 auscultation of the fetal heart tone if the fetal heart tone is
	210	+	16 audible and that the woman has:
	211	+	17 (i) viewed or refused to view the offered fetal ultrasound
	212	+	18 imaging; and
	213	+	19 (ii) listened to or refused to listen to the offered auscultation
	214	+	20 of the fetal heart tone if the fetal heart tone is audible; and
	215	+	21 (C) the pregnant woman has been given a written copy of the
	216	+	22 printed materials described in section 1.5 of this chapter.
	217	+	23 (4) At least eighteen (18) hours before the abortion and in the
	218	+	24 presence of the pregnant woman, the physician who is to perform
	219	+	25 the abortion, the referring physician or a physician assistant (as
	220	+	26 defined in IC 25-27.5-2-10), an advanced practice registered
	221	+	27 nurse (as defined in IC 25-23-1-1(b)), or a certified nurse midwife
	222	+	28 (as defined in IC 34-18-2-6.5) to whom the responsibility has
	223	+	29 been delegated by the physician who is to perform the abortion or
	224	+	30 the referring physician has provided the pregnant woman with a
	225	+	31 color copy of the informed consent brochure described in section
	226	+	32 1.5 of this chapter by printing the informed consent brochure from
	227	+	33 the state department's Internet web site and including the
	228	+	34 following information on the back cover of the brochure:
	229	+	35 (A) The name of the physician performing the abortion and the
	230	+	36 physician's medical license number.
	231	+	37 (B) An emergency telephone number where the physician or
	232	+	38 the physician's designee may be contacted twenty-four (24)
	233	+	39 hours a day, seven (7) days a week.
	234	+	40 (C) A statement that follow-up care by the physician or the
	235	+	41 physician's designee who is licensed under IC 25-22.5 is
	236	+	42 available on an appropriate and timely basis when clinically
	237	+	EH 1217—LS 7090/DI 147 6
	238	+	1 necessary.
	239	+	2 (5) At least eighteen (18) hours before an abortion is performed
	240	+	3 and at the same time that the pregnant woman receives the
	241	+	4 information required by subdivision (1), the provider shall
	242	+	5 perform, and the pregnant woman shall view, the fetal ultrasound
	243	+	6 imaging and hear the auscultation of the fetal heart tone if the
	244	+	7 fetal heart tone is audible unless the pregnant woman certifies in
	245	+	8 writing, on a form developed by the state department, before the
	246	+	9 abortion is performed, that the pregnant woman:
	247	+	10 (A) does not want to view the fetal ultrasound imaging; and
	248	+	11 (B) does not want to listen to the auscultation of the fetal heart
	249	+	12 tone if the fetal heart tone is audible.
	250	+	13 A pregnant woman must be advised, prior to the pregnant
	251	+	14 woman's decision concerning fetal ultrasound imaging, that an
	252	+	15 ultrasound image of the fetus will be provided to the pregnant
	253	+	16 woman to keep at no charge to the pregnant woman if the fetal
	254	+	17 ultrasound is performed.
	255	+	18 (6) At least eighteen (18) hours before the abortion, the
	256	+	19 physician who is to perform the abortion, the referring
	257	+	20 physician or a physician assistant (as defined in
	258	+	21 IC 25-27.5-2-10), an advanced practice registered nurse (as
	259	+	22 defined in IC 25-23-1-1(b)), or a certified nurse midwife (as
	260	+	23 defined in IC 34-18-2-6.5) to whom the responsibility has been
	261	+	24 delegated by the physician who is to perform the abortion or
	262	+	25 the referring physician shall, in the private, not group,
	263	+	26 presence of the pregnant woman, verbally ask the pregnant
	264	+	27 woman if she is being coerced to have an abortion.
	265	+	28 (b) This subsection applies to a pregnant woman whose unborn
	266	+	29 child has been diagnosed with a lethal fetal anomaly. The requirements
	267	+	30 of this subsection are in addition to the other requirements of this
	268	+	31 section. At least eighteen (18) hours before an abortion is performed on
	269	+	32 the pregnant woman, the physician who will perform the abortion shall:
	270	+	33 (1) orally and in person, inform the pregnant woman of the
	271	+	34 availability of perinatal hospice services; and
	272	+	35 (2) provide the pregnant woman copies of the perinatal hospice
	273	+	36 brochure developed by the state department under IC 16-25-4.5-4
	274	+	37 and the list of perinatal hospice providers and programs
	275	+	38 developed under IC 16-25-4.5-5, by printing the perinatal hospice
	276	+	39 brochure and list of perinatal hospice providers from the state
	277	+	40 department's Internet web site.
	278	+	41 (c) If a pregnant woman described in subsection (b) chooses to have
	279	+	42 an abortion rather than continuing the pregnancy in perinatal hospice
	280	+	EH 1217—LS 7090/DI 147 7
	281	+	1 care, the pregnant woman shall certify in writing, on a form developed
	282	+	2 by the state department under IC 16-25-4.5-6, at least eighteen (18)
	283	+	3 hours before the abortion is performed, that the pregnant woman has
	284	+	4 been provided the information described in subsection (b) in the
	285	+	5 manner required by subsection (b).
	286	+	6 (d) For any abortion performed under this article, the physician who
	287	+	7 is to perform the abortion, the referring physician or a physician
	288	+	8 assistant (as defined in IC 25-27.5-2-10), an advanced practice
	289	+	9 registered nurse (as defined in IC 25-23-1-1(b)), or a certified nurse
	290	+	10 midwife (as defined in IC 34-18-2-6.5) to whom the responsibility has
	291	+	11 been delegated by the physician who is to perform the abortion or the
	292	+	12 referring physician shall include, or ensure the inclusion of, a copy of
	293	+	13 a pregnant woman's ultrasound report in the pregnant woman's patient
	294	+	14 file.
	295	+	15 (e) If the physician who is to perform the abortion, the referring
	296	+	16 physician, a physician assistant (as defined in IC 25-27.5-2-10), an
	297	+	17 advanced practice registered nurse (as defined in IC 25-23-1-1(b)),
	298	+	18 or a certified nurse midwife (as defined in IC 34-18-2-6.5) suspects
	299	+	19 a pregnant woman is being coerced to have an abortion after
	300	+	20 making the inquiry required under subsection (a)(6), the physician,
	301	+	21 physician assistant, advanced practice registered nurse, or certified
	302	+	22 nurse midwife shall:
	303	+	23 (1) inform the pregnant woman that coercing a pregnant
	304	+	24 woman to have an abortion is illegal;
	305	+	25 (2) inform the pregnant woman that a demand by the father
	306	+	26 to have an abortion does not relieve him of financial support
	307	+	27 responsibilities; and
	308	+	28 (3) provide the pregnant woman with:
	309	+	29 (A) information about:
	310	+	30 (i) assistance;
	311	+	31 (ii) counseling; and
	312	+	32 (iii) protective services offered by social programs and
	313	+	33 local or state law enforcement agencies;
	314	+	34 (B) access to a telephone if she needs to make a private
	315	+	35 telephone call; and
	316	+	36 (C) access to an alternate exit from the health care facility.
	317	+	37 (f) Except as provided in subsection (g), if a physician, physician
	318	+	38 assistant (as defined in IC 25-27.5-2-10), advanced practice
	319	+	39 registered nurse (as defined in IC 25-23-1-1(b)), or certified nurse
	320	+	40 midwife (as defined in IC 34-18-2-6.5) has specific and credible
	321	+	41 information that a pregnant woman is being coerced into having an
	322	+	42 abortion, then an abortion may not be provided to the pregnant
	323	+	EH 1217—LS 7090/DI 147 8
	324	+	1 woman during the twenty-four (24) hour period after the
	325	+	2 physician, physician assistant (as defined in IC 25-27.5-2-10),
	326	+	3 advanced practice registered nurse (as defined in IC 25-23-1-1(b)),
	327	+	4 or certified nurse midwife (as defined in IC 34-18-2-6.5) makes a
	328	+	5 report under IC 16-34-6-6(b).
	329	+	6 (g) The twenty-four (24) hour period described in subsection (f)
	330	+	7 may be waived if a physician, in the physician's best medical
	331	+	8 judgment, determines that an abortion is necessary to prevent the
	332	+	9 death of the pregnant woman or to prevent substantial and
	333	+	10 irreversible injury to a major bodily function of the pregnant
	334	+	11 woman.
	335	+	12 SECTION 5. IC 16-34-6 IS ADDED TO THE INDIANA CODE AS
	336	+	13 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
	337	+	14 1, 2022]:
	338	+	15 Chapter 6. Coerced Abortions
	339	+	16 Sec. 1. As used in this chapter, "abortion" has the meaning set
	340	+	17 forth in IC 16-18-2-1.
	341	+	18 Sec. 2. As used in this chapter, "mandatory reporter" means
	342	+	19 any person providing health care services, including:
	343	+	20 (1) a physician;
	344	+	21 (2) a surgeon;
	345	+	22 (3) a physical therapist;
	346	+	23 (4) a psychiatrist;
	347	+	24 (5) a psychologist;
	348	+	25 (6) a medical resident;
	349	+	26 (7) a medical intern;
	350	+	27 (8) hospital staff;
	351	+	28 (9) a licensed nurse;
	352	+	29 (10) a nurse's aide;
	353	+	30 (11) any emergency medical technician;
	354	+	31 (12) a paramedic; and
	355	+	32 (13) any:
	356	+	33 (A) employee;
	357	+	34 (B) staff member; or
	358	+	35 (C) volunteer;
	359	+	36 at a reproductive health care facility.
	360	+	37 Sec. 3. As used in this chapter, "physician" means any person
	361	+	38 licensed to practice medicine in Indiana. The term includes a
	362	+	39 medical doctor and a doctor of osteopathy.
	363	+	40 Sec. 4. As used in this chapter, "reproductive health care
	364	+	41 facility" means any office, clinic, or other physical location licensed
	365	+	42 by the state to provide surgical or medical abortions, abortion
	366	+	EH 1217—LS 7090/DI 147 9
	367	+	1 counseling, abortion referrals, contraceptives, contraceptive
	368	+	2 counseling, sex education, or gynecological services.
	369	+	3 Sec. 5. A person who knowingly or intentionally coerces a
	370	+	4 pregnant woman to have an abortion commits a Level 6 felony.
	371	+	5 Sec. 6. (a) A mandatory reporter must report to law
	372	+	6 enforcement every instance of alleged or suspected coerced
	373	+	7 abortion. A mandatory reporter may not use discretion in deciding
	374	+	8 whether a case should or should not be reported to law
	375	+	9 enforcement.
	376	+	10 (b) A mandatory reporter must make a report described in
	377	+	11 subsection (a) immediately to law enforcement when the coercion
	378	+	12 or attempted coercion is brought to the mandatory reporter's
	379	+	13 attention.
	380	+	14 (c) A mandatory reporter may not delegate the responsibility to
	381	+	15 report coercion or attempted coercion under subsection (a) to
	382	+	16 another individual.
	383	+	17 (d) The mandatory reporter making a report under subsection
	384	+	18 (a) shall provide the following information:
	385	+	19 (1) The name and address of the pregnant woman.
	386	+	20 (2) The name and address of the person who is responsible for
	387	+	21 the care or custody of the pregnant woman if she is less than
	388	+	22 eighteen (18) years of age.
	389	+	23 (3) Any pertinent information relating to the alleged or
	390	+	24 suspected coercion or attempted coercion of the pregnant
	391	+	25 woman to undergo an abortion.
	392	+	26 (e) After receiving a report under subsection (a), a law
	393	+	27 enforcement agency must immediately respond and initiate an
	394	+	28 investigation. The law enforcement agency shall conduct an
	395	+	29 investigation under this chapter in the same manner that the law
	396	+	30 enforcement agency would conduct any other criminal
	397	+	31 investigation.
	398	+	32 (f) A reproductive health care facility that knowingly employs
	399	+	33 a mandatory reporter after a mandatory reporter violates this
	400	+	34 section commits a Class C infraction.
	401	+	35 SECTION 6. IC 35-52-16-23.5 IS ADDED TO THE INDIANA
	402	+	36 CODE AS A NEW SECTION TO READ AS FOLLOWS
	403	+	37 [EFFECTIVE JULY 1, 2022]: Sec. 23.5. IC 16-34-6-5 defines a crime
	404	+	38 concerning coerced abortion.
	405	+	EH 1217—LS 7090/DI 147 10
	406	+	COMMITTEE REPORT
	407	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	408	+	which was referred House Bill 1217, has had the same under
	409	+	consideration and begs leave to report the same back to the House with
	410	+	the recommendation that said bill be amended as follows:
	411	+	Page 1, delete lines 1 through 17.
	412	+	Page 2, delete lines 1 through 4.
	413	+	Page 2, line 8, delete "16-34-6-5." and insert "16-34-6-2.".
	414	+	Page 2, line 24, delete "16-34-6-6." and insert "16-34-6-3.".
	415	+	Page 2, delete lines 25 through 39.
	416	+	Page 3, line 2, delete "16-34-6-8." and insert "16-34-6-4.".
	417	+	Page 3, delete lines 3 through 42, begin a new paragraph and insert:
	418	+	"SECTION 9. IC 16-34-2-1.1, AS AMENDED BY P.L.218-2021,
41	419		SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42	420		JULY 1, 2022]: Sec. 1.1. (a) An abortion shall not be performed except
43	421		with the voluntary and informed consent of the pregnant woman upon
44	422		whom the abortion is to be performed. Except in the case of a medical
45	423		emergency, consent to an abortion is voluntary and informed only if the
46	424		following conditions are met:
47	425		(1) At least eighteen (18) hours before the abortion and in the
48	426		private, not group, presence of the pregnant woman, the physician
49	427		who is to perform the abortion, the referring physician or a
50	428		physician assistant (as defined in IC 25-27.5-2-10), an advanced
51	429		practice registered nurse (as defined in IC 25-23-1-1(b)), or a
52	430		certified nurse midwife (as defined in IC 34-18-2-6.5) to whom
53	431		the responsibility has been delegated by the physician who is to
54	432		perform the abortion or the referring physician has informed the
55	433		pregnant woman orally and in writing of the following:
56	434		(A) The name of the physician performing the abortion, the
57	435		physician's medical license number, and an emergency
58	436		telephone number where the physician or the physician's
59	437		designee may be contacted on a twenty-four (24) hour a day,
60	438		seven (7) day a week basis.
61	439		(B) That follow-up care by the physician or the physician's
62	440		designee (if the designee is licensed under IC 25-22.5) is
63	441		available on an appropriate and timely basis when clinically
64	442		necessary.
65	443		(C) The nature of the proposed procedure or information
66	444		concerning the abortion inducing drug that includes the
67	445		following statement: "Some evidence suggests that effects of
68	446		Mifespristone may be avoided, ceased, or reversed if the
	447	+	EH 1217—LS 7090/DI 147 11
69	448		second pill, Misoprostol, has not been taken. Immediately
70	449		contact the following for more information at (insert
71	450		applicable abortion inducing drug reversal Internet web site
72	451		and corresponding hotline number)."
73	452		(D) Objective scientific information of the risks of and
74	453		alternatives to the procedure or the use of an abortion inducing
75	454		drug, including:
76	455		(i) the risk of infection and hemorrhage;
77	456		(ii) the potential danger to a subsequent pregnancy; and
78	457		(iii) the potential danger of infertility.
79		-	HEA 1217 — Concur 3
80	458		(E) That human physical life begins when a human ovum is
81	459		fertilized by a human sperm.
82	460		(F) The probable gestational age of the fetus at the time the
83	461		abortion is to be performed, including:
84	462		(i) a picture of a fetus;
85	463		(ii) the dimensions of a fetus; and
86	464		(iii) relevant information on the potential survival of an
87	465		unborn fetus;
88	466		at this stage of development.
89	467		(G) That objective scientific information shows that a fetus
90	468		can feel pain at or before twenty (20) weeks of postfertilization
91	469		age.
92	470		(H) The medical risks associated with carrying the fetus to
93	471		term.
94	472		(I) The availability of fetal ultrasound imaging and
95	473		auscultation of fetal heart tone services to enable the pregnant
96	474		woman to view the image and hear the heartbeat of the fetus
97	475		and how to obtain access to these services.
98	476		(J) That the pregnancy of a child less than fifteen (15) years of
99	477		age may constitute child abuse under Indiana law if the act
100	478		included an adult and must be reported to the department of
101	479		child services or the local law enforcement agency under
102	480		IC 31-33-5.
103	481		(K) That Indiana does not allow a fetus to be aborted solely
104	482		because of the fetus's race, color, national origin, ancestry, sex,
105	483		or diagnosis or potential diagnosis of the fetus having Down
106	484		syndrome or any other disability.
107	485		(L) That no one has the right to coerce the pregnant
108	486		woman to have an abortion.
109	487		(2) At least eighteen (18) hours before the abortion, the pregnant
110	488		woman will be informed orally and in writing of the following:
111	489		(A) That medical assistance benefits may be available for
	490	+	EH 1217—LS 7090/DI 147 12
112	491		prenatal care, childbirth, and neonatal care from the county
113	492		office of the division of family resources.
114	493		(B) That the father of the unborn fetus is legally required to
115	494		assist in the support of the child. In the case of rape, the
116	495		information required under this clause may be omitted.
117	496		(C) That adoption alternatives are available and that adoptive
118	497		parents may legally pay the costs of prenatal care, childbirth,
119	498		and neonatal care.
120	499		(D) That there are physical risks to the pregnant woman in
121	500		having an abortion, both during the abortion procedure and
122		-	HEA 1217 — Concur 4
123	501		after.
124	502		(E) That Indiana has enacted the safe haven law under
125	503		IC 31-34-2.5.
126	504		(F) The:
127	505		(i) Internet web site address of the state department of
128	506		health's web site; and
129	507		(ii) description of the information that will be provided on
130	508		the web site and that are; is;
131	509		described in section 1.5 of this chapter.
132	510		(G) For the facility in which the abortion is to be performed,
133	511		an emergency telephone number that is available and
134	512		answered on a twenty-four (24) hour a day, seven (7) day a
135	513		week basis.
136	514		(H) On a form developed by the state department and as
137	515		described in IC 16-34-3, that the pregnant woman has a right
138	516		to determine the final disposition of the remains of the aborted
139	517		fetus.
140	518		(I) On a form developed by the state department, that the
141	519		pregnant woman has a right, after a surgical abortion, to:
142	520		(i) dispose of the remains of the aborted fetus by interment
143	521		in compliance with IC 23-14-54, or cremation through a
144	522		licensee (as defined in IC 25-15-2-19) and in compliance
145	523		with IC 23-14-31; or
146	524		(ii) have the health care facility or abortion clinic dispose of
147	525		the remains of the aborted fetus by interment in compliance
148	526		with IC 23-14-54, or cremation through a licensee (as
149	527		defined in IC 25-15-2-19) and in compliance with
150	528		IC 23-14-31, and ask which method of disposition will be
151	529		used by the health care facility or abortion clinic.
152	530		(J) On a form developed by the state department:
153	531		(i) that a pregnant woman, after an abortion induced by an
154	532		abortion inducing drug, will expel an aborted fetus; and
	533	+	EH 1217—LS 7090/DI 147 13
155	534		(ii) the disposition policy of the health care facility or the
156	535		abortion clinic concerning the disposition of the aborted
157	536		fetus. The disposition policy must allow the pregnant
158	537		woman to return the aborted fetus to the health care facility
159	538		or abortion clinic for disposition by interment in compliance
160	539		with IC 23-14-54, or cremation through a licensee (as
161	540		defined in IC 25-15-2-19) and in compliance with
162	541		IC 23-14-31.
163	542		(K) On a form developed by the state department, information
164	543		concerning any counseling that is available to a pregnant
165		-	HEA 1217 — Concur 5
166	544		woman after having an abortion.
167	545		The state department shall develop and distribute the forms
168	546		required by clauses (H) through (K).
169	547		(3) The pregnant woman certifies in writing, on a form developed
170	548		by the state department, before the abortion is performed, that:
171	549		(A) the information required by subdivisions (1) and (2) has
172	550		been provided to the pregnant woman;
173	551		(B) the pregnant woman has been offered by the provider the
174	552		opportunity to view the fetal ultrasound imaging and hear the
175	553		auscultation of the fetal heart tone if the fetal heart tone is
176	554		audible and that the woman has:
177	555		(i) viewed or refused to view the offered fetal ultrasound
178	556		imaging; and
179	557		(ii) listened to or refused to listen to the offered auscultation
180	558		of the fetal heart tone if the fetal heart tone is audible; and
181	559		(C) the pregnant woman has been given a written copy of the
182	560		printed materials described in section 1.5 of this chapter.
183	561		(4) At least eighteen (18) hours before the abortion and in the
184	562		presence of the pregnant woman, the physician who is to perform
185	563		the abortion, the referring physician or a physician assistant (as
186	564		defined in IC 25-27.5-2-10), an advanced practice registered
187	565		nurse (as defined in IC 25-23-1-1(b)), or a certified nurse midwife
188	566		(as defined in IC 34-18-2-6.5) to whom the responsibility has
189	567		been delegated by the physician who is to perform the abortion or
190	568		the referring physician has provided the pregnant woman with a
191	569		color copy of the informed consent brochure described in section
192	570		1.5 of this chapter by printing the informed consent brochure from
193	571		the state department's Internet web site and including the
194	572		following information on the back cover of the brochure:
195	573		(A) The name of the physician performing the abortion and the
196	574		physician's medical license number.
197	575		(B) An emergency telephone number where the physician or
	576	+	EH 1217—LS 7090/DI 147 14
198	577		the physician's designee may be contacted twenty-four (24)
199	578		hours a day, seven (7) days a week.
200	579		(C) A statement that follow-up care by the physician or the
201	580		physician's designee who is licensed under IC 25-22.5 is
202	581		available on an appropriate and timely basis when clinically
203	582		necessary.
204	583		(5) At least eighteen (18) hours before an abortion is performed
205	584		and at the same time that the pregnant woman receives the
206	585		information required by subdivision (1), the provider shall
207	586		perform, and the pregnant woman shall view, the fetal ultrasound
208		-	HEA 1217 — Concur 6
209	587		imaging and hear the auscultation of the fetal heart tone if the
210	588		fetal heart tone is audible unless the pregnant woman certifies in
211	589		writing, on a form developed by the state department, before the
212	590		abortion is performed, that the pregnant woman:
213	591		(A) does not want to view the fetal ultrasound imaging; and
214	592		(B) does not want to listen to the auscultation of the fetal heart
215	593		tone if the fetal heart tone is audible.
216	594		A pregnant woman must be advised, prior to the pregnant
217	595		woman's decision concerning fetal ultrasound imaging, that an
218	596		ultrasound image of the fetus will be provided to the pregnant
219	597		woman to keep at no charge to the pregnant woman if the fetal
220	598		ultrasound is performed.
221	599		(6) At least eighteen (18) hours before the abortion, the
222	600		physician who is to perform the abortion, the referring
223	601		physician or a physician assistant (as defined in
224	602		IC 25-27.5-2-10), an advanced practice registered nurse (as
225	603		defined in IC 25-23-1-1(b)), or a certified nurse midwife (as
226	604		defined in IC 34-18-2-6.5) to whom the responsibility has been
227	605		delegated by the physician who is to perform the abortion or
228	606		the referring physician shall, in the private, not group,
229	607		presence of the pregnant woman, verbally ask the pregnant
230	608		woman if she is being coerced to have an abortion.
231	609		(b) This subsection applies to a pregnant woman whose unborn
232	610		child has been diagnosed with a lethal fetal anomaly. The requirements
233	611		of this subsection are in addition to the other requirements of this
234	612		section. At least eighteen (18) hours before an abortion is performed on
235	613		the pregnant woman, the physician who will perform the abortion shall:
236	614		(1) orally and in person, inform the pregnant woman of the
237	615		availability of perinatal hospice services; and
238	616		(2) provide the pregnant woman copies of the perinatal hospice
239	617		brochure developed by the state department under IC 16-25-4.5-4
240	618		and the list of perinatal hospice providers and programs
	619	+	EH 1217—LS 7090/DI 147 15
241	620		developed under IC 16-25-4.5-5, by printing the perinatal hospice
242	621		brochure and list of perinatal hospice providers from the state
243	622		department's Internet web site.
244	623		(c) If a pregnant woman described in subsection (b) chooses to have
245	624		an abortion rather than continuing the pregnancy in perinatal hospice
246	625		care, the pregnant woman shall certify in writing, on a form developed
247	626		by the state department under IC 16-25-4.5-6, at least eighteen (18)
248	627		hours before the abortion is performed, that the pregnant woman has
249	628		been provided the information described in subsection (b) in the
250	629		manner required by subsection (b).
251		-	HEA 1217 — Concur 7
252	630		(d) For any abortion performed under this article, the physician who
253	631		is to perform the abortion, the referring physician or a physician
254	632		assistant (as defined in IC 25-27.5-2-10), an advanced practice
255	633		registered nurse (as defined in IC 25-23-1-1(b)), or a certified nurse
256	634		midwife (as defined in IC 34-18-2-6.5) to whom the responsibility has
257	635		been delegated by the physician who is to perform the abortion or the
258	636		referring physician shall include, or ensure the inclusion of, a copy of
259	637		a pregnant woman's ultrasound report in the pregnant woman's patient
260	638		file.
261	639		(e) If the physician who is to perform the abortion, the referring
262	640		physician, a physician assistant (as defined in IC 25-27.5-2-10), an
263	641		advanced practice registered nurse (as defined in IC 25-23-1-1(b)),
264	642		or a certified nurse midwife (as defined in IC 34-18-2-6.5) suspects
265	643		a pregnant woman is being coerced to have an abortion after
266	644		making the inquiry required under subsection (a)(6), the physician,
267	645		physician assistant, advanced practice registered nurse, or certified
268	646		nurse midwife shall:
269	647		(1) inform the pregnant woman that coercing a pregnant
270	648		woman to have an abortion is illegal;
271	649		(2) inform the pregnant woman that a demand by the father
272	650		to have an abortion does not relieve him of financial support
273	651		responsibilities; and
274	652		(3) provide the pregnant woman with:
275	653		(A) information about:
276	654		(i) assistance;
277	655		(ii) counseling; and
278	656		(iii) protective services offered by social programs and
279	657		local or state law enforcement agencies;
280	658		(B) access to a telephone if she needs to make a private
281	659		telephone call; and
282	660		(C) access to an alternate exit from the health care facility.
283	661		(f) Except as provided in subsection (g), if a physician, physician
	662	+	EH 1217—LS 7090/DI 147 16
284	663		assistant (as defined in IC 25-27.5-2-10), advanced practice
285	664		registered nurse (as defined in IC 25-23-1-1(b)), or certified nurse
286	665		midwife (as defined in IC 34-18-2-6.5) has specific and credible
287	666		information that a pregnant woman is being coerced into having an
288	667		abortion, then an abortion may not be provided to the pregnant
289		-	woman during the twenty-four (24) hour period after the
290		-	physician, physician assistant (as defined in IC 25-27.5-2-10),
291		-	advanced practice registered nurse (as defined in IC 25-23-1-1(b)),
292		-	or certified nurse midwife (as defined in IC 34-18-2-6.5) makes a
293		-	report under IC 16-34-6-6(b).
294		-	HEA 1217 — Concur 8
	668	+	woman during the twenty-four (24) hour mandatory reporting
	669	+	period during which law enforcement is required to be notified
	670	+	under IC 16-34-6.
295	671		(g) The twenty-four (24) hour period described in subsection (f)
296	672		may be waived if a physician, in the physician's best medical
297	673		judgment, determines that an abortion is necessary to prevent the
298	674		death of the pregnant woman or to prevent substantial and
299	675		irreversible injury to a major bodily function of the pregnant
300	676		woman.
301		-	SECTION 5. IC 16-34-6 IS ADDED TO THE INDIANA CODE AS
302		-	A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE ~~JULY~~
303		-	1, 2022]:
	677	+	SECTION 10. IC 16-34-6 IS ADDED TO THE INDIANA CODE
	678	+	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	679	+	JULY 1, 2022]:
304	680		Chapter 6. Coerced Abortions
305	681		Sec. 1. As used in this chapter, "abortion" has the meaning set
306	682		forth in IC 16-18-2-1.
307	683		Sec. 2. As used in this chapter, "mandatory reporter" means
308	684		any person providing health care services, including:
309	685		(1) a physician;
310	686		(2) a surgeon;
311	687		(3) a physical therapist;
312	688		(4) a psychiatrist;
313	689		(5) a psychologist;
314	690		(6) a medical resident;
315	691		(7) a medical intern;
316	692		(8) hospital staff;
317	693		(9) a licensed nurse;
318	694		(10) a nurse's aide;
319	695		(11) any emergency medical technician;
320	696		(12) a paramedic; and
321	697		(13) any:
322	698		(A) employee;
323	699		(B) staff member; or
324	700		(C) volunteer;
325	701		at a reproductive health care facility.
326	702		Sec. 3. As used in this chapter, "physician" means any person
327	703		licensed to practice medicine in Indiana. The term includes a
328	704		medical doctor and a doctor of osteopathy.
	705	+	EH 1217—LS 7090/DI 147 17
329	706		Sec. 4. As used in this chapter, "reproductive health care
330	707		facility" means any office, clinic, or other physical location licensed
331	708		by the state to provide surgical or medical abortions, abortion
332	709		counseling, abortion referrals, contraceptives, contraceptive
333	710		counseling, sex education, or gynecological services.
334	711		Sec. 5. A person who knowingly or intentionally coerces a
335	712		pregnant woman to have an abortion commits a Level 6 felony.
336	713		Sec. 6. (a) A mandatory reporter must report to law
337		-	HEA 1217 — Concur 9
338	714		enforcement every instance of alleged or suspected coerced
339	715		abortion. A mandatory reporter may not use discretion in deciding
340	716		whether a case should or should not be reported to law
341	717		enforcement.
342	718		(b) A mandatory reporter must make a report described in
343		-	subsection (a) ~~immediately~~ to law enforcement ~~when the coercion~~
344		-	or attempted coercion ~~is brought to the mandatory reporter's~~
345		-	attention.
	719	+	subsection (a) as soon as practicable to law enforcement within
	720	+	twenty-four (24) hours of the coercion or attempted coercion being
	721	+	brought to the mandatory reporter's attention.
346	722		(c) A mandatory reporter may not delegate the responsibility to
347	723		report coercion or attempted coercion under subsection (a) to
348	724		another individual.
349	725		(d) The mandatory reporter making a report under subsection
350	726		(a) shall provide the following information:
351	727		(1) The name and address of the pregnant woman.
352	728		(2) The name and address of the person who is responsible for
353	729		the care or custody of the pregnant woman if she is less than
354	730		eighteen (18) years of age.
355	731		(3) Any pertinent information relating to the alleged or
356	732		suspected coercion or attempted coercion of the pregnant
357	733		woman to undergo an abortion.
358		-	(e) ~~After receiving a report under subsection (a),~~ a law
359		-	~~enforcement agency must immediately respond and initiate an~~
360		-	~~investigation~~. The law enforcement agency shall conduct an
	734	+	(e) A law enforcement agency must immediately initiate an
	735	+	investigation of the report, not later than two (2) hours from
	736	+	receiving the report. The law enforcement agency shall conduct an
361	737		investigation under this chapter in the same manner that the law
362	738		enforcement agency would conduct any other criminal
363	739		investigation.
364	740		(f) A reproductive health care facility that knowingly employs
365	741		a mandatory reporter after a mandatory reporter violates this
366		-	section commits a Class C infraction.
367		-	SECTION 6. IC 35-52-16-23.5 IS ADDED TO THE INDIANA
368		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
369		-	[EFFECTIVE JULY 1, 2022]: Sec. 23.5. IC 16-34-6-5 defines a crime
370		-	concerning coerced abortion.
371		-	HEA 1217 — Concur Speaker of the House of Representatives
372		-	President of the Senate
373		-	President Pro Tempore
374		-	Governor of the State of Indiana
375		-	Date: Time:
376		-	HEA 1217 — Concur
	742	+	section commits a Class C infraction.".
	743	+	Delete pages 4 through 12.
	744	+	Page 13, delete lines 1 through 11.
	745	+	Page 13, between lines 35 and 36, begin a new paragraph and insert:
	746	+	"(e) An action may not be brought against the mother of the
	747	+	fetus under this section.".
	748	+	EH 1217—LS 7090/DI 147 18
	749	+	Page 13, line 36, delete "(e)" and insert "(f)".
	750	+	Page 13, line 39, delete "(f)" and insert "(g)".
	751	+	Page 13, line 41, delete "(g)" and insert "(h)".
	752	+	Page 14, line 14, delete "(h)" and insert "(i)".
	753	+	Page 14, line 24, delete "(i)" and insert "(j)".
	754	+	Page 14, line 24, delete "(g)(2)" and insert "(h)(2)".
	755	+	Page 14, line 27, delete "(j)" and insert "(k)".
	756	+	Page 14, line 28, delete "(g)(1), (g)(2), (g)(3)(C)," and insert "(h)(1),
	757	+	(h)(2), (h)(3)(C),".
	758	+	Page 14, line 28, delete "(g)(3)(D)" and insert "(h)(3)(D)".
	759	+	Page 14, line 39, delete "(k)" and insert "(l)".
	760	+	Page 14, delete lines 41 through 42.
	761	+	Delete pages 15 through 16.
	762	+	Page 17, delete lines 1 through 33.
	763	+	Page 17, line 36, delete "16-34-6-12" and insert "16-34-6-5".
	764	+	Renumber all SECTIONS consecutively.
	765	+	and when so amended that said bill do pass.
	766	+	(Reference is to HB 1217 as introduced.)
	767	+	STEUERWALD
	768	+	Committee Vote: yeas 8, nays 3.
	769	+	_____
	770	+	HOUSE MOTION
	771	+	Mr. Speaker: I move that House Bill 1217 be amended to read as
	772	+	follows:
	773	+	Page 8, line 1, delete "mandatory reporting" and insert "period after
	774	+	the physician, physician assistant (as defined in IC 25-27.5-2-10),
	775	+	advanced practice registered nurse (as defined in IC 25-23-1-1(b)),
	776	+	or certified nurse midwife (as defined in IC 34-18-2-6.5) makes a
	777	+	report under IC 16-34-6-6(b).".
	778	+	Page 8, delete lines 2 through 3.
	779	+	Page 9, line 9, delete "as soon as practicable to law enforcement
	780	+	within" and insert "immediately to law enforcement when the
	781	+	coercion or attempted coercion is".
	782	+	Page 9, delete line 10.
	783	+	Page 9, line 25, delete "report, not later than two (2) hours from"
	784	+	and insert "report from the time the law enforcement agency
	785	+	EH 1217—LS 7090/DI 147 19
	786	+	initially receives the report.".
	787	+	Page 9, line 26, delete "receiving the report.".
	788	+	Page 9, delete lines 33 through 42.
	789	+	Delete page 10.
	790	+	Page 11, delete lines 1 through 21.
	791	+	Renumber all SECTIONS consecutively.
	792	+	(Reference is to HB 1217 as printed January 20, 2022.)
	793	+	KING
	794	+	_____
	795	+	COMMITTEE REPORT
	796	+	Madam President: The Senate Committee on Judiciary, to which
	797	+	was referred House Bill No. 1217, has had the same under
	798	+	consideration and begs leave to report the same back to the Senate with
	799	+	the recommendation that said bill be AMENDED as follows:
	800	+	Page 9, delete lines 26 and 27, begin a new paragraph and insert:
	801	+	"(e) After receiving a report under subsection (a), a law
	802	+	enforcement agency must immediately respond and initiate an
	803	+	investigation.".
	804	+	Page 9, line 28, delete "agency initially receives the report.".
	805	+	Page 9, run in lines 26 through 28.
	806	+	and when so amended that said bill do pass.
	807	+	(Reference is to HB 1217 as reprinted January 25, 2022.)
	808	+	BROWN L, Chairperson
	809	+	Committee Vote: Yeas 6, Nays 1.
	810	+	EH 1217—LS 7090/DI 147