Indiana 2022 Regular Session

Indiana House Bill HB1294 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	HB1294.1
	2	+	January 20, 2022
	3	+	HOUSE BILL No. 1294
	4	+	_____
	5	+	DIGEST OF HB 1294 (Updated January 18, 2022 8:47 pm - DI 131)
	6	+	Citations Affected: IC 11-8; IC 11-10; IC 11-12.
	7	+	Synopsis: Restraint of pregnant inmates. Provides that a correctional
	8	+	facility shall: (1) use the least restrictive restraints necessary on a
	9	+	pregnant inmate when the pregnant inmate is in the second or third
	10	+	trimester of pregnancy; or (2) use no restraints on a pregnant inmate
	11	+	who is in labor, delivering a baby, during the immediate postdelivery
	12	+	period, or dealing with a medical emergency related to the pregnancy,
	13	+	with certain exceptions. Repeals the current statute concerning prenatal
	14	+	and postnatal care and treatment and incorporates it into the new
	15	+	chapter concerning pregnant inmates. Defines "pregnant inmate" and
	16	+	"restraints".
	17	+	Effective: July 1, 2022.
	18	+	Fleming, Ziemke
	19	+	January 10, 2022, read first time and referred to Committee on Courts and Criminal Code.
	20	+	January 20, 2022, amended, reported — Do Pass.
	21	+	HB 1294—LS 6575/DI 131 January 20, 2022
1	22		Second Regular Session of the 122nd General Assembly (2022)
2	23		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	24		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	25		additions will appear in this style type, and deletions will appear in this style type.
5	26		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	27		provision adopted), the text of the new provision will appear in this style type. Also, the
7	28		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	29		a new provision to the Indiana Code or the Indiana Constitution.
9	30		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	31		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1294
12		-	AN ACT to amend the Indiana Code concerning corrections.
	32	+	HOUSE BILL No. 1294
	33	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	34	+	corrections.
13	35		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 11-8-1-11 IS ADDED TO THE INDIANA CODE
15		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16		-	1, 2022]: Sec. 11. "Pregnant inmate" has the meaning set forth in
17		-	IC 11-10-3.5-1.
18		-	SECTION 2. IC 11-8-1-12 IS ADDED TO THE INDIANA CODE
19		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
20		-	1, 2022]: Sec. 12. "Restraints" has the meaning set forth in
21		-	IC 11-10-3.5-1.
22		-	SECTION 3. IC 11-8-1-13 IS ADDED TO THE INDIANA CODE
23		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
24		-	1, 2022]: Sec. 13. Except as otherwise provided, "violent offense"
25		-	has the meaning set forth in IC 11-12-3.7-6.
26		-	SECTION 4. IC 11-10-3-3 IS REPEALED [EFFECTIVE JULY 1,
27		-	2022]. Sec. 3. Necessary prenatal and postnatal care and treatment shall
28		-	be provided consistent with acceptable medical practice and standards.
29		-	When possible, arrangements shall be made for children to be born in
30		-	a hospital outside the correctional facility. If a child is born in a
31		-	correctional facility, this fact may not be mentioned on the birth
32		-	certificate.
33		-	SECTION 5. IC 11-10-3.5 IS ADDED TO THE INDIANA CODE
	36	+	1 SECTION 1. IC 11-8-1-11 IS ADDED TO THE INDIANA CODE
	37	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	38	+	3 1, 2022]: Sec. 11. "Pregnant inmate" has the meaning set forth in
	39	+	4 IC 11-10-3.5-1.
	40	+	5 SECTION 2. IC 11-8-1-12 IS ADDED TO THE INDIANA CODE
	41	+	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	42	+	7 1, 2022]: Sec. 12. "Restraints" has the meaning set forth in
	43	+	8 IC 11-10-3.5-1.
	44	+	9 SECTION 3. IC 11-10-3-3 IS REPEALED [EFFECTIVE JULY 1,
	45	+	10 2022]. Sec. 3. Necessary prenatal and postnatal care and treatment shall
	46	+	11 be provided consistent with acceptable medical practice and standards.
	47	+	12 When possible, arrangements shall be made for children to be born in
	48	+	13 a hospital outside the correctional facility. If a child is born in a
	49	+	14 correctional facility, this fact may not be mentioned on the birth
	50	+	15 certificate.
	51	+	16 SECTION 4. IC 11-10-3.5 IS ADDED TO THE INDIANA CODE
	52	+	17 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	53	+	HB 1294—LS 6575/DI 131 2
	54	+	1 JULY 1, 2022]:
	55	+	2 Chapter 3.5. Pregnant Inmates
	56	+	3 Sec. 1. The following definitions apply throughout this chapter:
	57	+	4 (1) "Correctional facility" has the meaning set forth in
	58	+	5 IC 5-1.2-2-11.
	59	+	6 (2) "Pregnant inmate" means a confined person who is
	60	+	7 pregnant.
	61	+	8 (3) "Restraints" means any mechanical device used to control
	62	+	9 the movement of a pregnant inmate's body or limbs, including
	63	+	10 handcuffs, leg shackles, and belly chains.
	64	+	11 Sec. 2. Necessary prenatal and postnatal care and treatment
	65	+	12 shall be provided consistent with acceptable medical practice and
	66	+	13 standards. When possible, arrangements shall be made for children
	67	+	14 to be born in a hospital outside the correctional facility. If a child
	68	+	15 is born in a correctional facility, this fact may not be mentioned on
	69	+	16 the birth certificate.
	70	+	17 Sec. 3. (a) A correctional facility may restrain an inmate known
	71	+	18 to be pregnant if an individualized determination is made by the
	72	+	19 correctional facility that restraints are reasonably necessary for
	73	+	20 the legitimate safety and security needs of the pregnant inmate,
	74	+	21 staff, other inmates, or the public.
	75	+	22 (b) If restraints are determined to be necessary, the restraints
	76	+	23 must be the least restrictive available and the most reasonable
	77	+	24 under the circumstances. A correctional facility may do the
	78	+	25 following:
	79	+	26 (1) Use the least restrictive restraints necessary on a pregnant
	80	+	27 inmate when the pregnant inmate is in the second or third
	81	+	28 trimester of pregnancy.
	82	+	29 (2) Use no restraints on a pregnant inmate:
	83	+	30 (A) who is in labor;
	84	+	31 (B) delivering a baby;
	85	+	32 (C) during the immediate postdelivery period; or
	86	+	33 (D) dealing with a medical emergency related to the
	87	+	34 pregnancy.
	88	+	35 (c) A correctional facility may use the least restrictive restraints
	89	+	36 necessary on a pregnant inmate described in subsection (b)(1) if the
	90	+	37 correctional facility has actual or constructive knowledge that the
	91	+	38 pregnant inmate is in the second or third trimester of pregnancy.
	92	+	39 (d) A correctional facility may only use the least restrictive
	93	+	40 restraints necessary on a pregnant inmate described in subsection
	94	+	41 (b)(2) if:
	95	+	42 (1) the pregnant inmate presents an immediate danger to the
	96	+	HB 1294—LS 6575/DI 131 3
	97	+	1 pregnant inmate or to others; or
	98	+	2 (2) the pregnant inmate is a substantial flight risk and cannot
	99	+	3 be contained by any other reasonable means.
	100	+	4 (e) A correctional facility may restrain a pregnant inmate while
	101	+	5 the inmate is being transported if the restraints are applied in such
	102	+	6 a way that the pregnant inmate may be able to protect the inmate
	103	+	7 and the inmate's fetus in the event of a forward fall.
	104	+	8 Sec. 4. The warden of each correctional facility housing a
	105	+	9 pregnant inmate shall ensure that staff members of the facility who
	106	+	10 come into contact with pregnant inmates incarcerated at the
	107	+	11 facility are provided training concerning the requirements under
	108	+	12 this chapter.
	109	+	13 SECTION 5. IC 11-12-4-1 IS AMENDED TO READ AS
	110	+	14 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The department
	111	+	15 shall adopt under IC 4-22-2 minimum standards for county jails
	112	+	16 governing:
	113	+	17 (1) general physical and environmental conditions;
	114	+	18 (2) services and programs to be provided to confined persons; and
	115	+	19 (3) procedures for the care and control of confined persons that
	116	+	20 are necessary to ensure the health and safety of confined persons,
	117	+	21 the security of the jail, and public safety, including procedures
	118	+	22 described in IC 11-10-3.5.
	119	+	23 However, the department may not adopt any standard that prohibits the
	120	+	24 placement of more than one (1) prisoner in a prisoner cell that has
	121	+	25 thirty-five (35) square feet or more of floor space per prisoner.
	122	+	26 (b) The standards must be sufficiently flexible to foster the
	123	+	27 development of new and improved practices and to accommodate local
	124	+	28 needs and circumstances. The standards must be consistent with the
	125	+	29 laws of Indiana and the rules of the state department of health and the
	126	+	30 fire prevention and building safety commission.
	127	+	31 (c) The commissioner shall select a committee of not less than five
	128	+	32 (5) county sheriffs to consult with the department before and during the
	129	+	33 drafting of the proposed minimum standards. County sheriffs shall be
	130	+	34 selected from the various classes of counties to ensure that densely,
	131	+	35 moderately, and sparsely populated counties are represented. Each
	132	+	36 county sheriff is entitled to the minimum salary per diem as provided
	133	+	37 in IC 4-10-11-2.1 for each day engaged in the official business of the
	134	+	38 committee and to reimbursement for traveling and other expenses, as
	135	+	39 provided in the state travel policies and procedures established by the
	136	+	40 Indiana department of administration and approved by the budget
	137	+	41 agency.
	138	+	42 (d) At least sixty (60) days before setting the date for a public
	139	+	HB 1294—LS 6575/DI 131 4
	140	+	1 hearing under IC 4-22-2, the department shall forward copies of the
	141	+	2 proposed minimum standards to each county sheriff and each board of
	142	+	3 county commissioners and shall solicit their views and suggestions.
	143	+	HB 1294—LS 6575/DI 131 5
	144	+	COMMITTEE REPORT
	145	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	146	+	which was referred House Bill 1294, has had the same under
	147	+	consideration and begs leave to report the same back to the House with
	148	+	the recommendation that said bill be amended as follows:
	149	+	Page 1, delete lines 16 through 17, begin a new paragraph and
	150	+	insert:
	151	+	"SECTION 4. IC 11-10-3.5 IS ADDED TO THE INDIANA CODE
34	152		AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
35	153		JULY 1, 2022]:
36		-	HEA 1294 — Concur 2
37	154		Chapter 3.5. Pregnant Inmates
38	155		Sec. 1. The following definitions apply throughout this chapter:
39	156		(1) "Correctional facility" has the meaning set forth in
40	157		IC 5-1.2-2-11.
41	158		(2) "Pregnant inmate" means a confined person who is
42	159		pregnant.
43	160		(3) "Restraints" means any mechanical device used to control
44	161		the movement of a pregnant inmate's body or limbs, including
45	162		handcuffs, leg shackles, and belly chains.
46	163		Sec. 2. Necessary prenatal and postnatal care and treatment
47	164		shall be provided consistent with acceptable medical practice and
48	165		standards. When possible, arrangements shall be made for children
49	166		to be born in a hospital outside the correctional facility. If a child
50	167		is born in a correctional facility, this fact may not be mentioned on
51	168		the birth certificate.
52	169		Sec. 3. (a) A correctional facility may restrain an inmate known
53	170		to be pregnant if an individualized determination is made by the
54	171		correctional facility that restraints are reasonably necessary for
55	172		the legitimate safety and security needs of the pregnant inmate,
56	173		staff, other inmates, or the public.
57	174		(b) If restraints are determined to be necessary, the restraints
58	175		must be the least restrictive available and the most reasonable
59	176		under the circumstances. A correctional facility may do the
60	177		following:
61	178		(1) Use the least restrictive restraints necessary on a pregnant
62	179		inmate when the pregnant inmate is in the second or third
63	180		trimester of pregnancy.
64	181		(2) Use no restraints on a pregnant inmate:
65	182		(A) who is in labor;
66	183		(B) delivering a baby;
67	184		(C) during the immediate postdelivery period; or
68	185		(D) dealing with a medical emergency related to the
	186	+	HB 1294—LS 6575/DI 131 6
69	187		pregnancy.
70	188		(c) A correctional facility may use the least restrictive restraints
71	189		necessary on a pregnant inmate described in subsection (b)(1) if the
72	190		correctional facility has actual or constructive knowledge that the
73	191		pregnant inmate is in the second or third trimester of pregnancy.
74	192		(d) A correctional facility may only use the least restrictive
75	193		restraints necessary on a pregnant inmate described in subsection
76	194		(b)(2) if:
77	195		(1) the pregnant inmate presents an immediate danger to the
78	196		pregnant inmate or to others; or
79		-	HEA 1294 — Concur 3
80	197		(2) the pregnant inmate is a substantial flight risk and cannot
81	198		be contained by any other reasonable means.
82	199		(e) A correctional facility may restrain a pregnant inmate while
83	200		the inmate is being transported if the restraints are applied in such
84	201		a way that the pregnant inmate may be able to protect the inmate
85	202		and the inmate's fetus in the event of a forward fall.
86	203		Sec. 4. The warden of each correctional facility housing a
87	204		pregnant inmate shall ensure that staff members of the facility who
88	205		come into contact with pregnant inmates incarcerated at the
89	206		facility are provided training concerning the requirements under
90		-	this chapter.
91		-	SECTION 6. IC 11-12-3.7-6, AS AMENDED BY P.L.142-2020,
92		-	SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
93		-	JULY 1, 2022]: Sec. 6. As used in this chapter, "violent offense" means
94		-	one (1) or more of the following offenses:
95		-	(1) Murder (IC 35-42-1-1).
96		-	(2) Attempted murder (IC 35-41-5-1).
97		-	(3) Voluntary manslaughter (IC 35-42-1-3).
98		-	(4) Involuntary manslaughter (IC 35-42-1-4).
99		-	(5) Reckless homicide (IC 35-42-1-5).
100		-	(6) Aggravated battery (IC 35-42-2-1.5).
101		-	(7) Battery (IC 35-42-2-1) as a:
102		-	(A) Class A felony, Class B felony, or Class C felony (for a
103		-	crime committed before July 1, 2014); or
104		-	(B) Level 2 felony, Level 3 felony, or Level 5 felony (for a
105		-	crime committed after June 30, 2014).
106		-	(8) Kidnapping (IC 35-42-3-2).
107		-	(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8 that
108		-	is a:
109		-	(A) Class A felony, Class B felony, or Class C felony (for a
110		-	crime committed before July 1, 2014); or
111		-	(B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4
112		-	felony, or Level 5 felony (for a crime committed after June 30,
113		-	2014).
114		-	(10) Sexual misconduct with a minor (IC 35-42-4-9) as a:
115		-	(A) Class A felony or Class B felony (for a crime committed
116		-	before July 1, 2014); or
117		-	(B) Level 1 felony, Level 2 felony, or Level 4 felony (for a
118		-	crime committed after June 30, 2014).
119		-	(11) Incest (IC 35-46-1-3).
120		-	(12) Robbery (IC 35-42-5-1) as a:
121		-	(A) Class A felony or a Class B felony (for a crime committed
122		-	HEA 1294 — Concur 4
123		-	before July 1, 2014); or
124		-	(B) Level 2 felony or Level 3 felony (for a crime committed
125		-	after June 30, 2014).
126		-	(13) Burglary (IC 35-43-2-1) as a:
127		-	(A) Class A felony or a Class B felony (for a crime committed
128		-	before July 1, 2014); or
129		-	(B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
130		-	felony (for a crime committed after June 30, 2014).
131		-	(14) Carjacking (IC 35-42-5-2) (repealed).
132		-	(15) Assisting a criminal (IC 35-44.1-2-5) as a:
133		-	(A) Class C felony (for a crime committed before July 1,
134		-	2014); or
135		-	(B) Level 5 felony (for a crime committed after June 30,
136		-	2014).
137		-	(16) Escape (IC 35-44.1-3-4) as a:
138		-	(A) Class B felony or Class C felony (for a crime committed
139		-	before July 1, 2014); or
140		-	(B) Level 4 felony or Level 5 felony (for a crime committed
141		-	after June 30, 2014).
142		-	(17) Trafficking with an inmate (IC 35-44.1-3-5) as a:
143		-	(A) Class C felony (for a crime committed before July 1,
144		-	2014); or
145		-	(B) Level 5 felony (for a crime committed after June 30,
146		-	2014).
147		-	(18) Causing death or catastrophic injury when operating a
148		-	vehicle (IC 9-30-5-5).
149		-	(19) Criminal confinement (IC 35-42-3-3) as a:
150		-	(A) Class B felony (for a crime committed before July 1,
151		-	2014); or
152		-	(B) Level 3 felony (for a crime committed after June 30,
153		-	2014).
154		-	(20) Arson (IC 35-43-1-1) as a:
155		-	(A) Class A or Class B felony (for a crime committed before
156		-	July 1, 2014); or
157		-	(B) Level 2, Level 3, or Level 4 felony (for a crime committed
158		-	after June 30, 2014).
159		-	(21) Possession, use, or manufacture of a weapon of mass
160		-	destruction (IC 35-46.5-2-1) (or IC 35-47-12-1 before its repeal).
161		-	(22) Terroristic mischief (IC 35-46.5-2-3) (or IC 35-47-12-3
162		-	before its repeal) as a:
163		-	(A) Class B felony (for a crime committed before July 1,
164		-	2014); or
165		-	HEA 1294 — Concur 5
166		-	(B) Level 4 felony (for a crime committed after June 30,
167		-	2014).
168		-	(23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
169		-	(24) A violation of IC 35-47.5 (controlled explosives) as a:
170		-	(A) Class A or Class B felony (for a crime committed before
171		-	July 1, 2014); or
172		-	(B) Level 2 or Level 4 felony (for a crime committed after
173		-	June 30, 2014).
174		-	(25) Domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
175		-	3 felony, or Level 5 felony.
176		-	(26) Sexual misconduct with a service provider (35-44.1-3-10)
177		-	as a Level 4 felony.
178		-	(26) (27) Any other crimes evidencing a propensity or history of
179		-	violence.
180		-	SECTION 7. IC 11-12-4-1 IS AMENDED TO READ AS
181		-	FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The department
182		-	shall adopt under IC 4-22-2 minimum standards for county jails
183		-	governing:
184		-	(1) general physical and environmental conditions;
185		-	(2) services and programs to be provided to confined persons; and
186		-	(3) procedures for the care and control of confined persons that
187		-	are necessary to ensure the health and safety of confined persons,
188		-	the security of the jail, and public safety; and
189		-	(4) the restraint of pregnant inmates. Rules adopted under
190		-	this subdivision must be consistent with IC 11-10-3.5.
191		-	However, the department may not adopt any standard that prohibits the
192		-	placement of more than one (1) prisoner in a prisoner cell that has
193		-	thirty-five (35) square feet or more of floor space per prisoner.
194		-	(b) The standards must be sufficiently flexible to foster the
195		-	development of new and improved practices and to accommodate local
196		-	needs and circumstances. The standards must be consistent with the
197		-	laws of Indiana and the rules of the state department of health and the
198		-	fire prevention and building safety commission.
199		-	(c) The commissioner shall select a committee of not less than five
200		-	(5) county sheriffs to consult with the department before and during the
201		-	drafting of the proposed minimum standards. County sheriffs shall be
202		-	selected from the various classes of counties to ensure that densely,
203		-	moderately, and sparsely populated counties are represented. Each
204		-	county sheriff is entitled to the minimum salary per diem as provided
205		-	in IC 4-10-11-2.1 for each day engaged in the official business of the
206		-	committee and to reimbursement for traveling and other expenses, as
207		-	provided in the state travel policies and procedures established by the
208		-	HEA 1294 — Concur 6
209		-	Indiana department of administration and approved by the budget
210		-	agency.
211		-	(d) At least sixty (60) days before setting the date for a public
212		-	hearing under IC 4-22-2, the department shall forward copies of the
213		-	proposed minimum standards to each county sheriff and each board of
214		-	county commissioners and shall solicit their views and suggestions.
215		-	SECTION 8. IC 35-42-4-1, AS AMENDED BY P.L.168-2014,
216		-	SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
217		-	JULY 1, 2022]: Sec. 1. (a) Except as provided in subsection (b), a
218		-	person who knowingly or intentionally has sexual intercourse with
219		-	another person or knowingly or intentionally causes another person to
220		-	perform or submit to other sexual conduct (as defined in
221		-	IC 35-31.5-2-221.5) when:
222		-	(1) the other person is compelled by force or imminent threat of
223		-	force;
224		-	(2) the other person is unaware that the sexual intercourse or other
225		-	sexual conduct (as defined in IC 35-31.5-2-221.5) is occurring; or
226		-	(3) the other person is so mentally disabled or deficient that
227		-	consent to sexual intercourse or other sexual conduct (as defined
228		-	in IC 35-31.5-2-221.5) cannot be given;
229		-	commits rape, a Level 3 felony.
230		-	(b) An offense described in subsection (a) is a Level 1 felony if:
231		-	(1) it is committed by using or threatening the use of deadly force;
232		-	(2) it is committed while armed with a deadly weapon;
233		-	(3) it results in serious bodily injury to a person other than a
234		-	defendant; or
235		-	(4) the commission of the offense is facilitated by furnishing the
236		-	victim, without the victim's knowledge, with a drug (as defined in
237		-	IC 16-42-19-2(1)) or a controlled substance (as defined in
238		-	IC 35-48-1-9) or knowing that the victim was furnished with the
239		-	drug or controlled substance without the victim's knowledge.
240		-	(c) In addition to any other penalty imposed for a violation of
241		-	this section, the court shall order the person to pay restitution
242		-	under IC 35-50-5-3 for expenses related to pregnancy and
243		-	childbirth if the pregnancy is a result of the offense.
244		-	SECTION 9. IC 35-42-4-3, AS AMENDED BY P.L.190-2021,
245		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
246		-	JULY 1, 2022]: Sec. 3. (a) A person who, with a child under fourteen
247		-	(14) years of age, knowingly or intentionally performs or submits to
248		-	sexual intercourse or other sexual conduct (as defined in
249		-	IC 35-31.5-2-221.5) commits child molesting, a Level 3 felony.
250		-	However, the offense is a Level 1 felony if:
251		-	HEA 1294 — Concur 7
252		-	(1) it is committed by a person at least twenty-one (21) years of
253		-	age;
254		-	(2) it is committed by using or threatening the use of deadly force
255		-	or while armed with a deadly weapon;
256		-	(3) it results in serious bodily injury;
257		-	(4) the commission of the offense is facilitated by furnishing the
258		-	victim, without the victim's knowledge, with a drug (as defined in
259		-	IC 16-42-19-2(1)) or a controlled substance (as defined in
260		-	IC 35-48-1-9) or knowing that the victim was furnished with the
261		-	drug or controlled substance without the victim's knowledge; or
262		-	(5) it results in the transmission of a serious sexually transmitted
263		-	disease and the person knew that the person was infected with the
264		-	disease.
265		-	(b) A person who, with a child under fourteen (14) years of age,
266		-	performs or submits to any fondling or touching, of either the child or
267		-	the older person, with intent to arouse or to satisfy the sexual desires of
268		-	either the child or the older person, commits child molesting, a Level
269		-	4 felony. However, the offense is a Level 2 felony if:
270		-	(1) it is committed by using or threatening the use of deadly force;
271		-	(2) it is committed while armed with a deadly weapon; or
272		-	(3) the commission of the offense is facilitated by furnishing the
273		-	victim, without the victim's knowledge, with a drug (as defined in
274		-	IC 16-42-19-2(1)) or a controlled substance (as defined in
275		-	IC 35-48-1-9) or knowing that the victim was furnished with the
276		-	drug or controlled substance without the victim's knowledge.
277		-	(c) A person may be convicted of attempted child molesting of an
278		-	individual at least fourteen (14) years of age if the person believed the
279		-	individual to be a child under fourteen (14) years of age at the time the
280		-	person attempted to commit the offense.
281		-	(d) It is a defense to a prosecution under this section that the
282		-	accused person reasonably believed that the child was sixteen (16)
283		-	years of age or older at the time of the conduct, unless:
284		-	(1) the offense is committed by using or threatening the use of
285		-	deadly force or while armed with a deadly weapon;
286		-	(2) the offense results in serious bodily injury; or
287		-	(3) the commission of the offense is facilitated by furnishing the
288		-	victim, without the victim's knowledge, with a drug (as defined in
289		-	IC 16-42-19-2(1)) or a controlled substance (as defined in
290		-	IC 35-48-1-9) or knowing that the victim was furnished with the
291		-	drug or controlled substance without the victim's knowledge.
292		-	(e) In addition to any other penalty imposed for a violation of
293		-	this section, the court shall order the person to pay restitution
294		-	HEA 1294 — Concur 8
295		-	under IC 35-50-5-3 for expenses related to pregnancy and
296		-	childbirth if the pregnancy is a result of the offense.
297		-	SECTION 10. IC 35-44.1-3-10, AS AMENDED BY P.L.185-2014,
298		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
299		-	JULY 1, 2022]: Sec. 10. (a) The following definitions apply throughout
300		-	this section:
301		-	(1) "Lawful supervision" means supervision by:
302		-	(A) the department of correction;
303		-	(B) a court;
304		-	(C) a probation department;
305		-	(D) a community corrections program, a community transition
306		-	program, or another similar program; or
307		-	(E) parole.
308		-	(2) "Service provider" means:
309		-	(A) with respect to a person subject to lawful detention:
310		-	(i) a public servant;
311		-	(ii) a person employed by a governmental entity; or
312		-	(iii) a person who provides goods or services to a person
313		-	who is subject to lawful detention; and
314		-	(B) with respect to a person subject to lawful supervision:
315		-	(i) a public servant whose official duties include the
316		-	supervision of the person subject to lawful supervision;
317		-	(ii) a person employed by a governmental entity to provide
318		-	supervision for the person subject to lawful supervision; or
319		-	(iii) a person who is employed by or contracts with a
320		-	governmental entity to provide treatment or other services to
321		-	the person subject to lawful supervision as a condition of the
322		-	person's lawful supervision.
323		-	(b) A service provider who knowingly or intentionally engages in
324		-	sexual intercourse or other sexual conduct (as defined in
325		-	IC 35-31.5-2-221.5) with a person who is subject to lawful detention
326		-	or lawful supervision commits sexual misconduct, a Level 5 felony.
327		-	(c) A service provider at least eighteen (18) years of age who
328		-	knowingly or intentionally engages in sexual intercourse or other
329		-	sexual conduct (as defined in IC 35-31.5-2-221.5) with a person who
330		-	is:
331		-	(1) less than eighteen (18) years of age; and
332		-	(2) subject to lawful detention or lawful supervision;
333		-	commits sexual misconduct, a Level 4 felony.
334		-	(d) In addition to any other penalty imposed for a violation of
335		-	this section, the court shall order the person to pay restitution
336		-	under IC 35-50-5-3 for expenses related to pregnancy and
337		-	HEA 1294 — Concur 9
338		-	childbirth if the pregnancy is a result of the offense.
339		-	(d) (e) It is not a defense that an act described in subsection (b) or
340		-	(c) was consensual.
341		-	(e) This section does not apply to sexual intercourse or other sexual
342		-	conduct (as defined in IC 35-31.5-2-221.5) between spouses.
343		-	HEA 1294 — Concur Speaker of the House of Representatives
344		-	President of the Senate
345		-	President Pro Tempore
346		-	Governor of the State of Indiana
347		-	Date: Time:
348		-	HEA 1294 — Concur
	207	+	this chapter.".
	208	+	Delete pages 2 through 4.
	209	+	Page 5, delete lines 1 through 5.
	210	+	Renumber all SECTIONS consecutively.
	211	+	and when so amended that said bill do pass.
	212	+	(Reference is to HB 1294 as introduced.)
	213	+	STEUERWALD
	214	+	Committee Vote: yeas 12, nays 0.
	215	+	HB 1294—LS 6575/DI 131