IN
Indiana House Bill HB1296

Indiana 2022 Regular Session

Indiana House Bill HB1296 Compare Versions

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1+*HB1296.1*
2+January 24, 2022
3+HOUSE BILL No. 1296
4+_____
5+DIGEST OF HB 1296 (Updated January 24, 2022 10:31 am - DI 137)
6+Citations Affected: IC 27-1; IC 27-4.
7+Synopsis: Multiple employer welfare arrangements. Amends the law
8+concerning multiple employer welfare arrangements (MEWA) to
9+require a MEWA to provide each participating employer access to
10+claims data that is specific to that employer. Amends the definition of
11+"health payer" for purposes of the all payer claims data base to include
12+a MEWA. Makes the violation of any requirement of the MEWA law
13+an unfair method of competition or unfair or deceptive act or practice.
14+Effective: Upon passage; July 1, 2022.
15+Carbaugh
16+January 10, 2022, read first time and referred to Committee on Financial Institutions and
17+Insurance.
18+January 24, 2022, amended, reported — Do Pass.
19+HB 1296—LS 7013/DI 55 January 24, 2022
120 Second Regular Session of the 122nd General Assembly (2022)
221 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
322 Constitution) is being amended, the text of the existing provision will appear in this style type,
423 additions will appear in this style type, and deletions will appear in this style type.
524 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
625 provision adopted), the text of the new provision will appear in this style type. Also, the
726 word NEW will appear in that style type in the introductory clause of each SECTION that adds
827 a new provision to the Indiana Code or the Indiana Constitution.
928 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1029 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1296
12-AN ACT to amend the Indiana Code concerning criminal law and
13-procedure.
30+HOUSE BILL No. 1296
31+A BILL FOR AN ACT to amend the Indiana Code concerning
32+insurance.
1433 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 5-2-1-9, AS AMENDED BY P.L.187-2021,
16-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2022]: Sec. 9. (a) The board shall adopt in accordance with
18-IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
19-The rules, which shall be adopted only after necessary and proper
20-investigation and inquiry by the board, shall include the establishment
21-of the following:
22-(1) Minimum standards of physical, educational, mental, and
23-moral fitness which shall govern the acceptance of any person for
24-training by any law enforcement training school or academy
25-meeting or exceeding the minimum standards established
26-pursuant to this chapter.
27-(2) Minimum standards for law enforcement training schools
28-administered by towns, cities, counties, law enforcement training
29-centers, agencies, or departments of the state.
30-(3) Minimum standards for courses of study, attendance
31-requirements, equipment, and facilities for approved town, city,
32-county, and state law enforcement officer, police reserve officer,
33-and conservation reserve officer training schools.
34-(4) Minimum standards for a course of study on cultural diversity
35-awareness, including training on the U nonimmigrant visa created
36-HEA 1296 — CC 1 2
37-through the federal Victims of Trafficking and Violence
38-Protection Act of 2000 (P.L. 106-386) that must be required for
39-each person accepted for training at a law enforcement training
40-school or academy. Cultural diversity awareness study must
41-include an understanding of cultural issues related to race,
42-religion, gender, age, domestic violence, national origin, and
43-physical and mental disabilities.
44-(5) Minimum qualifications for instructors at approved law
45-enforcement training schools.
46-(6) Minimum basic training requirements which law enforcement
47-officers appointed to probationary terms shall complete before
48-being eligible for continued or permanent employment.
49-(7) Minimum basic training requirements which law enforcement
50-officers appointed on other than a permanent basis shall complete
51-in order to be eligible for continued employment or permanent
52-appointment.
53-(8) Minimum basic training requirements which law enforcement
54-officers appointed on a permanent basis shall complete in order
55-to be eligible for continued employment.
56-(9) Minimum basic training requirements for each person
57-accepted for training at a law enforcement training school or
58-academy that include six (6) hours of training in interacting with:
59-(A) persons with autism, mental illness, addictive disorders,
60-intellectual disabilities, and developmental disabilities;
61-(B) missing endangered adults (as defined in IC 12-7-2-131.3);
34+1 SECTION 1. IC 27-1-34-2 IS AMENDED TO READ AS
35+2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) An arrangement
36+3 must annually obtain a certificate of registration from the department
37+4 under rules adopted by the commissioner.
38+5 (b) An arrangement that does not obtain a certificate of registration
39+6 described in subsection (a) or violates the requirements a requirement
40+7 of this chapter is subject to IC 27-4.
41+8 SECTION 2. IC 27-1-34-3.5 IS ADDED TO THE INDIANA CODE
42+9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
43+10 1, 2022]: Sec. 3.5. An arrangement providing benefits under this
44+11 chapter shall provide each employer access to claims data specific
45+12 to that employer.
46+13 SECTION 3. IC 27-1-34-5 IS AMENDED TO READ AS
47+14 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. Except as provided
48+15 by this chapter, and by IC 27-4, and IC 27-9, Indiana insurance law
49+16 does not apply to the operation of multiple employer welfare
50+17 arrangements.
51+HB 1296—LS 7013/DI 55 2
52+1 SECTION 4. IC 27-1-44.5-2, AS AMENDED BY P.L.195-2021,
53+2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
54+3 UPON PASSAGE]: Sec. 2. As used in this chapter, "health payer"
55+4 includes the following:
56+5 (1) Medicare.
57+6 (2) Medicaid or a managed care organization (as defined in
58+7 IC 12-7-2-126.9) that has contracted with Medicaid to provide
59+8 services to a Medicaid recipient.
60+9 (3) An insurer that issues a policy of accident and sickness
61+10 insurance (as defined in IC 27-8-5-1), except for the following
62+11 types of coverage:
63+12 (A) Accident only, credit, dental, vision, Medicare
64+13 supplement, long term care, or disability income insurance.
65+14 (B) Coverage issued as a supplement to liability insurance.
66+15 (C) Automobile medical payment insurance.
67+16 (D) A specified disease policy.
68+17 (E) A policy that provides indemnity benefits not based on any
69+18 expense incurred requirements, including a plan that provides
70+19 coverage for:
71+20 (i) hospital confinement, critical illness, or intensive care; or
72+21 (ii) gaps for deductibles or copayments.
73+22 (F) Worker's compensation or similar insurance.
74+23 (G) A student health plan.
75+24 (H) A supplemental plan that always pays in addition to other
76+25 coverage.
77+26 (I) An employer sponsored health benefit plan that is:
78+27 (i) provided to individuals who are eligible for Medicare;
79+28 and
80+29 (ii) not marketed as, or held out to be, a Medicare
81+30 supplement policy.
82+31 (4) A health maintenance organization (as defined in
83+32 IC 27-13-1-19).
84+33 (5) A pharmacy benefit manager (as defined in IC 27-1-24.5-12).
85+34 (6) An administrator (as defined in IC 27-1-25-1).
86+35 (7) A multiple employer welfare arrangement (as defined in
87+36 IC 27-1-34-1).
88+37 (7) (8) Any other person identified by the commissioner for
89+38 participation in the data base described in this chapter.
90+39 SECTION 5. IC 27-4-1-4, AS AMENDED BY P.L.196-2021,
91+40 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
92+41 JULY 1, 2022]: Sec. 4. (a) The following are hereby defined as unfair
93+42 methods of competition and unfair and deceptive acts and practices in
94+HB 1296—LS 7013/DI 55 3
95+1 the business of insurance:
96+2 (1) Making, issuing, circulating, or causing to be made, issued, or
97+3 circulated, any estimate, illustration, circular, or statement:
98+4 (A) misrepresenting the terms of any policy issued or to be
99+5 issued or the benefits or advantages promised thereby or the
100+6 dividends or share of the surplus to be received thereon;
101+7 (B) making any false or misleading statement as to the
102+8 dividends or share of surplus previously paid on similar
103+9 policies;
104+10 (C) making any misleading representation or any
105+11 misrepresentation as to the financial condition of any insurer,
106+12 or as to the legal reserve system upon which any life insurer
107+13 operates;
108+14 (D) using any name or title of any policy or class of policies
109+15 misrepresenting the true nature thereof; or
110+16 (E) making any misrepresentation to any policyholder insured
111+17 in any company for the purpose of inducing or tending to
112+18 induce such policyholder to lapse, forfeit, or surrender the
113+19 policyholder's insurance.
114+20 (2) Making, publishing, disseminating, circulating, or placing
115+21 before the public, or causing, directly or indirectly, to be made,
116+22 published, disseminated, circulated, or placed before the public,
117+23 in a newspaper, magazine, or other publication, or in the form of
118+24 a notice, circular, pamphlet, letter, or poster, or over any radio or
119+25 television station, or in any other way, an advertisement,
120+26 announcement, or statement containing any assertion,
121+27 representation, or statement with respect to any person in the
122+28 conduct of the person's insurance business, which is untrue,
123+29 deceptive, or misleading.
124+30 (3) Making, publishing, disseminating, or circulating, directly or
125+31 indirectly, or aiding, abetting, or encouraging the making,
126+32 publishing, disseminating, or circulating of any oral or written
127+33 statement or any pamphlet, circular, article, or literature which is
128+34 false, or maliciously critical of or derogatory to the financial
129+35 condition of an insurer, and which is calculated to injure any
130+36 person engaged in the business of insurance.
131+37 (4) Entering into any agreement to commit, or individually or by
132+38 a concerted action committing any act of boycott, coercion, or
133+39 intimidation resulting or tending to result in unreasonable
134+40 restraint of, or a monopoly in, the business of insurance.
135+41 (5) Filing with any supervisory or other public official, or making,
136+42 publishing, disseminating, circulating, or delivering to any person,
137+HB 1296—LS 7013/DI 55 4
138+1 or placing before the public, or causing directly or indirectly, to
139+2 be made, published, disseminated, circulated, delivered to any
140+3 person, or placed before the public, any false statement of
141+4 financial condition of an insurer with intent to deceive. Making
142+5 any false entry in any book, report, or statement of any insurer
143+6 with intent to deceive any agent or examiner lawfully appointed
144+7 to examine into its condition or into any of its affairs, or any
145+8 public official to which such insurer is required by law to report,
146+9 or which has authority by law to examine into its condition or into
147+10 any of its affairs, or, with like intent, willfully omitting to make a
148+11 true entry of any material fact pertaining to the business of such
149+12 insurer in any book, report, or statement of such insurer.
150+13 (6) Issuing or delivering or permitting agents, officers, or
151+14 employees to issue or deliver, agency company stock or other
152+15 capital stock, or benefit certificates or shares in any common law
153+16 corporation, or securities or any special or advisory board
154+17 contracts or other contracts of any kind promising returns and
155+18 profits as an inducement to insurance.
156+19 (7) Making or permitting any of the following:
157+20 (A) Unfair discrimination between individuals of the same
158+21 class and equal expectation of life in the rates or assessments
159+22 charged for any contract of life insurance or of life annuity or
160+23 in the dividends or other benefits payable thereon, or in any
161+24 other of the terms and conditions of such contract. However,
162+25 in determining the class, consideration may be given to the
163+26 nature of the risk, plan of insurance, the actual or expected
164+27 expense of conducting the business, or any other relevant
165+28 factor.
166+29 (B) Unfair discrimination between individuals of the same
167+30 class involving essentially the same hazards in the amount of
168+31 premium, policy fees, assessments, or rates charged or made
169+32 for any policy or contract of accident or health insurance or in
170+33 the benefits payable thereunder, or in any of the terms or
171+34 conditions of such contract, or in any other manner whatever.
172+35 However, in determining the class, consideration may be given
173+36 to the nature of the risk, the plan of insurance, the actual or
174+37 expected expense of conducting the business, or any other
175+38 relevant factor.
176+39 (C) Excessive or inadequate charges for premiums, policy
177+40 fees, assessments, or rates, or making or permitting any unfair
178+41 discrimination between persons of the same class involving
179+42 essentially the same hazards, in the amount of premiums,
180+HB 1296—LS 7013/DI 55 5
181+1 policy fees, assessments, or rates charged or made for:
182+2 (i) policies or contracts of reinsurance or joint reinsurance,
183+3 or abstract and title insurance;
184+4 (ii) policies or contracts of insurance against loss or damage
185+5 to aircraft, or against liability arising out of the ownership,
186+6 maintenance, or use of any aircraft, or of vessels or craft,
187+7 their cargoes, marine builders' risks, marine protection and
188+8 indemnity, or other risks commonly insured under marine,
189+9 as distinguished from inland marine, insurance; or
190+10 (iii) policies or contracts of any other kind or kinds of
191+11 insurance whatsoever.
192+12 However, nothing contained in clause (C) shall be construed to
193+13 apply to any of the kinds of insurance referred to in clauses (A)
194+14 and (B) nor to reinsurance in relation to such kinds of insurance.
195+15 Nothing in clause (A), (B), or (C) shall be construed as making or
196+16 permitting any excessive, inadequate, or unfairly discriminatory
197+17 charge or rate or any charge or rate determined by the department
198+18 or commissioner to meet the requirements of any other insurance
199+19 rate regulatory law of this state.
200+20 (8) Except as otherwise expressly provided by IC 27-1-47 or
201+21 another law, knowingly permitting or offering to make or making
202+22 any contract or policy of insurance of any kind or kinds
203+23 whatsoever, including but not in limitation, life annuities, or
204+24 agreement as to such contract or policy other than as plainly
205+25 expressed in such contract or policy issued thereon, or paying or
206+26 allowing, or giving or offering to pay, allow, or give, directly or
207+27 indirectly, as inducement to such insurance, or annuity, any rebate
208+28 of premiums payable on the contract, or any special favor or
209+29 advantage in the dividends, savings, or other benefits thereon, or
210+30 any valuable consideration or inducement whatever not specified
211+31 in the contract or policy; or giving, or selling, or purchasing or
212+32 offering to give, sell, or purchase as inducement to such insurance
213+33 or annuity or in connection therewith, any stocks, bonds, or other
214+34 securities of any insurance company or other corporation,
215+35 association, limited liability company, or partnership, or any
216+36 dividends, savings, or profits accrued thereon, or anything of
217+37 value whatsoever not specified in the contract. Nothing in this
218+38 subdivision and subdivision (7) shall be construed as including
219+39 within the definition of discrimination or rebates any of the
220+40 following practices:
221+41 (A) Paying bonuses to policyholders or otherwise abating their
222+42 premiums in whole or in part out of surplus accumulated from
223+HB 1296—LS 7013/DI 55 6
224+1 nonparticipating insurance, so long as any such bonuses or
225+2 abatement of premiums are fair and equitable to policyholders
226+3 and for the best interests of the company and its policyholders.
227+4 (B) In the case of life insurance policies issued on the
228+5 industrial debit plan, making allowance to policyholders who
229+6 have continuously for a specified period made premium
230+7 payments directly to an office of the insurer in an amount
231+8 which fairly represents the saving in collection expense.
232+9 (C) Readjustment of the rate of premium for a group insurance
233+10 policy based on the loss or expense experience thereunder, at
234+11 the end of the first year or of any subsequent year of insurance
235+12 thereunder, which may be made retroactive only for such
236+13 policy year.
237+14 (D) Paying by an insurer or insurance producer thereof duly
238+15 licensed as such under the laws of this state of money,
239+16 commission, or brokerage, or giving or allowing by an insurer
240+17 or such licensed insurance producer thereof anything of value,
241+18 for or on account of the solicitation or negotiation of policies
242+19 or other contracts of any kind or kinds, to a broker, an
243+20 insurance producer, or a solicitor duly licensed under the laws
244+21 of this state, but such broker, insurance producer, or solicitor
245+22 receiving such consideration shall not pay, give, or allow
246+23 credit for such consideration as received in whole or in part,
247+24 directly or indirectly, to the insured by way of rebate.
248+25 (9) Requiring, as a condition precedent to loaning money upon the
249+26 security of a mortgage upon real property, that the owner of the
250+27 property to whom the money is to be loaned negotiate any policy
251+28 of insurance covering such real property through a particular
252+29 insurance producer or broker or brokers. However, this
253+30 subdivision shall not prevent the exercise by any lender of the
254+31 lender's right to approve or disapprove of the insurance company
255+32 selected by the borrower to underwrite the insurance.
256+33 (10) Entering into any contract, combination in the form of a trust
257+34 or otherwise, or conspiracy in restraint of commerce in the
258+35 business of insurance.
259+36 (11) Monopolizing or attempting to monopolize or combining or
260+37 conspiring with any other person or persons to monopolize any
261+38 part of commerce in the business of insurance. However,
262+39 participation as a member, director, or officer in the activities of
263+40 any nonprofit organization of insurance producers or other
264+41 workers in the insurance business shall not be interpreted, in
265+42 itself, to constitute a combination in restraint of trade or as
266+HB 1296—LS 7013/DI 55 7
267+1 combining to create a monopoly as provided in this subdivision
268+2 and subdivision (10). The enumeration in this chapter of specific
269+3 unfair methods of competition and unfair or deceptive acts and
270+4 practices in the business of insurance is not exclusive or
271+5 restrictive or intended to limit the powers of the commissioner or
272+6 department or of any court of review under section 8 of this
273+7 chapter.
274+8 (12) Requiring as a condition precedent to the sale of real or
275+9 personal property under any contract of sale, conditional sales
276+10 contract, or other similar instrument or upon the security of a
277+11 chattel mortgage, that the buyer of such property negotiate any
278+12 policy of insurance covering such property through a particular
279+13 insurance company, insurance producer, or broker or brokers.
280+14 However, this subdivision shall not prevent the exercise by any
281+15 seller of such property or the one making a loan thereon of the
282+16 right to approve or disapprove of the insurance company selected
283+17 by the buyer to underwrite the insurance.
284+18 (13) Issuing, offering, or participating in a plan to issue or offer,
285+19 any policy or certificate of insurance of any kind or character as
286+20 an inducement to the purchase of any property, real, personal, or
287+21 mixed, or services of any kind, where a charge to the insured is
288+22 not made for and on account of such policy or certificate of
289+23 insurance. However, this subdivision shall not apply to any of the
290+24 following:
291+25 (A) Insurance issued to credit unions or members of credit
292+26 unions in connection with the purchase of shares in such credit
293+27 unions.
294+28 (B) Insurance employed as a means of guaranteeing the
295+29 performance of goods and designed to benefit the purchasers
296+30 or users of such goods.
297+31 (C) Title insurance.
298+32 (D) Insurance written in connection with an indebtedness and
299+33 intended as a means of repaying such indebtedness in the
300+34 event of the death or disability of the insured.
301+35 (E) Insurance provided by or through motorists service clubs
302+36 or associations.
303+37 (F) Insurance that is provided to the purchaser or holder of an
304+38 air transportation ticket and that:
305+39 (i) insures against death or nonfatal injury that occurs during
306+40 the flight to which the ticket relates;
307+41 (ii) insures against personal injury or property damage that
308+42 occurs during travel to or from the airport in a common
309+HB 1296—LS 7013/DI 55 8
310+1 carrier immediately before or after the flight;
311+2 (iii) insures against baggage loss during the flight to which
312+3 the ticket relates; or
313+4 (iv) insures against a flight cancellation to which the ticket
314+5 relates.
315+6 (14) Refusing, because of the for-profit status of a hospital or
316+7 medical facility, to make payments otherwise required to be made
317+8 under a contract or policy of insurance for charges incurred by an
318+9 insured in such a for-profit hospital or other for-profit medical
319+10 facility licensed by the state department of health.
320+11 (15) Refusing to insure an individual, refusing to continue to issue
321+12 insurance to an individual, limiting the amount, extent, or kind of
322+13 coverage available to an individual, or charging an individual a
323+14 different rate for the same coverage, solely because of that
324+15 individual's blindness or partial blindness, except where the
325+16 refusal, limitation, or rate differential is based on sound actuarial
326+17 principles or is related to actual or reasonably anticipated
327+18 experience.
328+19 (16) Committing or performing, with such frequency as to
329+20 indicate a general practice, unfair claim settlement practices (as
330+21 defined in section 4.5 of this chapter).
331+22 (17) Between policy renewal dates, unilaterally canceling an
332+23 individual's coverage under an individual or group health
333+24 insurance policy solely because of the individual's medical or
334+25 physical condition.
335+26 (18) Using a policy form or rider that would permit a cancellation
336+27 of coverage as described in subdivision (17).
337+28 (19) Violating IC 27-1-22-25, IC 27-1-22-26, or IC 27-1-22-26.1
338+29 concerning motor vehicle insurance rates.
339+30 (20) Violating IC 27-8-21-2 concerning advertisements referring
340+31 to interest rate guarantees.
341+32 (21) Violating IC 27-8-24.3 concerning insurance and health plan
342+33 coverage for victims of abuse.
343+34 (22) Violating IC 27-8-26 concerning genetic screening or testing.
344+35 (23) Violating IC 27-1-15.6-3(b) concerning licensure of
345+36 insurance producers.
346+37 (24) Violating IC 27-1-38 concerning depository institutions.
347+38 (25) Violating IC 27-8-28-17(c) or IC 27-13-10-8(c) concerning
348+39 the resolution of an appealed grievance decision.
349+40 (26) Violating IC 27-8-5-2.5(e) through IC 27-8-5-2.5(j) (expired
350+41 July 1, 2007, and removed) or IC 27-8-5-19.2 (expired July 1,
351+42 2007, and repealed).
352+HB 1296—LS 7013/DI 55 9
353+1 (27) Violating IC 27-2-21 concerning use of credit information.
354+2 (28) Violating IC 27-4-9-3 concerning recommendations to
355+3 consumers.
356+4 (29) Engaging in dishonest or predatory insurance practices in
357+5 marketing or sales of insurance to members of the United States
358+6 Armed Forces as:
359+7 (A) described in the federal Military Personnel Financial
360+8 Services Protection Act, P.L.109-290; or
361+9 (B) defined in rules adopted under subsection (b).
362+10 (30) Violating IC 27-8-19.8-20.1 concerning stranger originated
363+11 life insurance.
364+12 (31) Violating IC 27-2-22 concerning retained asset accounts.
365+13 (32) Violating IC 27-8-5-29 concerning health plans offered
366+14 through a health benefit exchange (as defined in IC 27-19-2-8).
367+15 (33) Violating a requirement of the federal Patient Protection and
368+16 Affordable Care Act (P.L. 111-148), as amended by the federal
369+17 Health Care and Education Reconciliation Act of 2010 (P.L.
370+18 111-152), that is enforceable by the state.
371+19 (34) After June 30, 2015, violating IC 27-2-23 concerning
372+20 unclaimed life insurance, annuity, or retained asset account
373+21 benefits.
374+22 (35) Willfully violating IC 27-1-12-46 concerning a life insurance
375+23 policy or certificate described in IC 27-1-12-46(a).
376+24 (36) Violating IC 27-1-37-7 concerning prohibiting the disclosure
377+25 of health care service claims data.
378+26 (37) Violating IC 27-4-10-10 concerning virtual claims payments.
379+27 (38) Violating IC 27-1-24.5 concerning pharmacy benefit
380+28 managers.
381+29 (39) Violating any requirement of IC 27-1-34 concerning a
382+30 multiple employer welfare arrangement.
383+31 (b) Except with respect to federal insurance programs under
384+32 Subchapter III of Chapter 19 of Title 38 of the United States Code, the
385+33 commissioner may, consistent with the federal Military Personnel
386+34 Financial Services Protection Act (10 U.S.C. 992 note), adopt rules
387+35 under IC 4-22-2 to:
388+36 (1) define; and
389+37 (2) while the members are on a United States military installation
390+38 or elsewhere in Indiana, protect members of the United States
391+39 Armed Forces from;
392+40 dishonest or predatory insurance practices.
393+41 SECTION 6. An emergency is declared for this act.
394+HB 1296—LS 7013/DI 55 10
395+COMMITTEE REPORT
396+Mr. Speaker: Your Committee on Financial Institutions and
397+Insurance, to which was referred House Bill 1296, has had the same
398+under consideration and begs leave to report the same back to the
399+House with the recommendation that said bill be amended as follows:
400+Delete page 2.
401+Page 3, delete lines 1 through 5.
402+Page 3, between lines 5 and 6, begin a new paragraph and insert:
403+"SECTION 4. IC 27-1-44.5-2, AS AMENDED BY P.L.195-2021,
404+SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
405+UPON PASSAGE]: Sec. 2. As used in this chapter, "health payer"
406+includes the following:
407+(1) Medicare.
408+(2) Medicaid or a managed care organization (as defined in
409+IC 12-7-2-126.9) that has contracted with Medicaid to provide
410+services to a Medicaid recipient.
411+(3) An insurer that issues a policy of accident and sickness
412+insurance (as defined in IC 27-8-5-1), except for the following
413+types of coverage:
414+(A) Accident only, credit, dental, vision, Medicare
415+supplement, long term care, or disability income insurance.
416+(B) Coverage issued as a supplement to liability insurance.
417+(C) Automobile medical payment insurance.
418+(D) A specified disease policy.
419+(E) A policy that provides indemnity benefits not based on any
420+expense incurred requirements, including a plan that provides
421+coverage for:
422+(i) hospital confinement, critical illness, or intensive care; or
423+(ii) gaps for deductibles or copayments.
424+(F) Worker's compensation or similar insurance.
425+(G) A student health plan.
426+(H) A supplemental plan that always pays in addition to other
427+coverage.
428+(I) An employer sponsored health benefit plan that is:
429+(i) provided to individuals who are eligible for Medicare;
62430 and
63-(C) persons with Alzheimer's disease or related senile
64-dementia;
65-to be provided by persons approved by the secretary of family and
66-social services and the board. The training must include an
67-overview of the crisis intervention teams.
68-(10) Minimum standards for a course of study on human and
69-sexual trafficking that must be required for each person accepted
70-for training at a law enforcement training school or academy and
71-for inservice training programs for law enforcement officers. The
72-course must cover the following topics:
73-(A) Examination of the human and sexual trafficking laws (IC
74-35-42-3.5).
75-(B) Identification of human and sexual trafficking.
76-(C) Communicating with traumatized persons.
77-(D) Therapeutically appropriate investigative techniques.
78-(E) Collaboration with federal law enforcement officials.
79-HEA 1296 — CC 1 3
80-(F) Rights of and protections afforded to victims.
81-(G) Providing documentation that satisfies the Declaration of
82-Law Enforcement Officer for Victim of Trafficking in Persons
83-(Form I-914, Supplement B) requirements established under
84-federal law.
85-(H) The availability of community resources to assist human
86-and sexual trafficking victims.
87-(11) Minimum standards for ongoing specialized, intensive, and
88-integrative training for persons responsible for investigating
89-sexual assault cases involving adult victims. This training must
90-include instruction on:
91-(A) the neurobiology of trauma;
92-(B) trauma informed interviewing; and
93-(C) investigative techniques.
94-(12) Minimum standards for de-escalation training. De-escalation
95-training shall be taught as a part of existing use-of-force training
96-and not as a separate topic.
97-(b) A law enforcement officer appointed after July 5, 1972, and
98-before July 1, 1993, may not enforce the laws or ordinances of the state
99-or any political subdivision unless the officer has, within one (1) year
100-from the date of appointment, successfully completed the minimum
101-basic training requirements established under this chapter by the board.
102-If a person fails to successfully complete the basic training
103-requirements within one (1) year from the date of employment, the
104-officer may not perform any of the duties of a law enforcement officer
105-involving control or direction of members of the public or exercising
106-the power of arrest until the officer has successfully completed the
107-training requirements. This subsection does not apply to any law
108-enforcement officer appointed before July 6, 1972, or after June 30,
109-1993.
110-(c) Military leave or other authorized leave of absence from law
111-enforcement duty during the first year of employment after July 6,
112-1972, shall toll the running of the first year, which shall be calculated
113-by the aggregate of the time before and after the leave, for the purposes
114-of this chapter.
115-(d) Except as provided in subsections (e), (m), (t), and (u), a law
116-enforcement officer appointed to a law enforcement department or
117-agency after June 30, 1993, may not:
118-(1) make an arrest;
119-(2) conduct a search or a seizure of a person or property; or
120-(3) carry a firearm;
121-unless the law enforcement officer successfully completes, at a board
122-HEA 1296 — CC 1 4
123-certified law enforcement academy or at a law enforcement training
124-center under section 10.5 or 15.2 of this chapter, the basic training
125-requirements established by the board under this chapter.
126-(e) This subsection does not apply to:
127-(1) a gaming agent employed as a law enforcement officer by the
128-Indiana gaming commission; or
129-(2) an:
130-(A) attorney; or
131-(B) investigator;
132-designated by the securities commissioner as a police officer of
133-the state under IC 23-19-6-1(k).
134-Before a law enforcement officer appointed after June 30, 1993,
135-completes the basic training requirements, the law enforcement officer
136-may exercise the police powers described in subsection (d) if the
137-officer successfully completes the pre-basic course established in
138-subsection (f). Successful completion of the pre-basic course authorizes
139-a law enforcement officer to exercise the police powers described in
140-subsection (d) for one (1) year after the date the law enforcement
141-officer is appointed.
142-(f) The board shall adopt rules under IC 4-22-2 to establish a
143-pre-basic course for the purpose of training:
144-(1) law enforcement officers;
145-(2) police reserve officers (as described in IC 36-8-3-20); and
146-(3) conservation reserve officers (as described in IC 14-9-8-27);
147-regarding the subjects of arrest, search and seizure, the lawful use of
148-force, de-escalation training, interacting with individuals with autism,
149-and the operation of an emergency vehicle. The pre-basic course must
150-be offered on a periodic basis throughout the year at regional sites
151-statewide. The pre-basic course must consist of at least forty (40) hours
152-of course work. The board may prepare the classroom part of the
153-pre-basic course using available technology in conjunction with live
154-instruction. The board shall provide the course material, the instructors,
155-and the facilities at the regional sites throughout the state that are used
156-for the pre-basic course. In addition, the board may certify pre-basic
157-courses that may be conducted by other public or private training
158-entities, including postsecondary educational institutions.
159-(g) Subject to subsection (h), the board shall adopt rules under
160-IC 4-22-2 to establish a mandatory inservice training program for
161-police officers and police reserve officers (as described in
162-IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
163-satisfactorily completed basic training and has been appointed to a law
164-enforcement department or agency on either a full-time or part-time
165-HEA 1296 — CC 1 5
166-basis is not eligible for continued employment unless the officer
167-satisfactorily completes the mandatory inservice training requirements
168-established by rules adopted by the board. Inservice training must
169-include de-escalation training. Inservice training must also include
170-training in interacting with persons with mental illness, addictive
171-disorders, intellectual disabilities, autism, developmental disabilities,
172-and Alzheimer's disease or related senile dementia, to be provided by
173-persons approved by the secretary of family and social services and the
174-board, and training concerning human and sexual trafficking and high
175-risk missing persons (as defined in IC 5-2-17-1). The board may
176-approve courses offered by other public or private training entities,
177-including postsecondary educational institutions, as necessary in order
178-to ensure the availability of an adequate number of inservice training
179-programs. The board may waive an officer's inservice training
180-requirements if the board determines that the officer's reason for
181-lacking the required amount of inservice training hours is due to either
182-an emergency situation or the unavailability of courses.
183-(h) This subsection applies only to a mandatory inservice training
184-program under subsection (g). Notwithstanding subsection (g), the
185-board may, without adopting rules under IC 4-22-2, modify the course
186-work of a training subject matter, modify the number of hours of
187-training required within a particular subject matter, or add a new
188-subject matter, if the board satisfies the following requirements:
189-(1) The board must conduct at least two (2) public meetings on
190-the proposed modification or addition.
191-(2) After approving the modification or addition at a public
192-meeting, the board must post notice of the modification or
193-addition on the Indiana law enforcement academy's Internet web
194-site at least thirty (30) days before the modification or addition
195-takes effect.
196-If the board does not satisfy the requirements of this subsection, the
197-modification or addition is void. This subsection does not authorize the
198-board to eliminate any inservice training subject matter required under
199-subsection (g).
200-(i) The board shall also adopt rules establishing a town marshal
201-basic training program, subject to the following:
202-(1) The program must require fewer hours of instruction and class
203-attendance and fewer courses of study than are required for the
204-mandated basic training program.
205-(2) Certain parts of the course materials may be studied by a
206-candidate at the candidate's home in order to fulfill requirements
207-of the program.
208-HEA 1296 — CC 1 6
209-(3) Law enforcement officers successfully completing the
210-requirements of the program are eligible for appointment only in
211-towns employing the town marshal system (IC 36-5-7) and having
212-not more than one (1) marshal and two (2) deputies.
213-(4) The limitation imposed by subdivision (3) does not apply to an
214-officer who has successfully completed the mandated basic
215-training program.
216-(5) The time limitations imposed by subsections (b) and (c) for
217-completing the training are also applicable to the town marshal
218-basic training program.
219-(6) The program must require training in interacting with
220-individuals with autism.
221-(j) The board shall adopt rules under IC 4-22-2 to establish an
222-executive training program. The executive training program must
223-include training in the following areas:
224-(1) Liability.
225-(2) Media relations.
226-(3) Accounting and administration.
227-(4) Discipline.
228-(5) Department policy making.
229-(6) Lawful use of force and de-escalation training.
230-(7) Department programs.
231-(8) Emergency vehicle operation.
232-(9) Cultural diversity.
233-(k) A police chief shall apply for admission to the executive training
234-program within two (2) months of the date the police chief initially
235-takes office. A police chief must successfully complete the executive
236-training program within six (6) months of the date the police chief
237-initially takes office. However, if space in the executive training
238-program is not available at a time that will allow completion of the
239-executive training program within six (6) months of the date the police
240-chief initially takes office, the police chief must successfully complete
241-the next available executive training program that is offered after the
242-police chief initially takes office.
243-(l) A police chief who fails to comply with subsection (k) may not
244-continue to serve as the police chief until completion of the executive
245-training program. For the purposes of this subsection and subsection
246-(k), "police chief" refers to:
247-(1) the police chief of any city;
248-(2) the police chief of any town having a metropolitan police
249-department; and
250-(3) the chief of a consolidated law enforcement department
251-HEA 1296 — CC 1 7
252-established under IC 36-3-1-5.1.
253-A town marshal is not considered to be a police chief for these
254-purposes, but a town marshal may enroll in the executive training
255-program.
256-(m) A fire investigator in the department of homeland security
257-appointed after December 31, 1993, is required to comply with the
258-basic training standards established under this chapter.
259-(n) The board shall adopt rules under IC 4-22-2 to establish a
260-program to certify handgun safety courses, including courses offered
261-in the private sector, that meet standards approved by the board for
262-training probation officers in handgun safety as required by
263-IC 11-13-1-3.5(3). IC 11-13-1-3.5(2).
264-(o) The board shall adopt rules under IC 4-22-2 to establish a
265-refresher course for an officer who:
266-(1) is hired by an Indiana law enforcement department or agency
267-as a law enforcement officer;
268-(2) has not been employed as a law enforcement officer for:
269-(A) at least two (2) years; and
270-(B) less than six (6) years before the officer is hired under
271-subdivision (1); and
272-(3) completed at any time a basic training course certified or
273-recognized by the board before the officer is hired under
274-subdivision (1).
275-(p) An officer to whom subsection (o) applies must successfully
276-complete the refresher course described in subsection (o) not later than
277-six (6) months after the officer's date of hire, or the officer loses the
278-officer's powers of:
279-(1) arrest;
280-(2) search; and
281-(3) seizure.
282-(q) The board shall adopt rules under IC 4-22-2 to establish a
283-refresher course for an officer who:
284-(1) is appointed by an Indiana law enforcement department or
285-agency as a reserve police officer; and
286-(2) has not worked as a reserve police officer for at least two (2)
287-years after:
288-(A) completing the pre-basic course; or
289-(B) leaving the individual's last appointment as a reserve
290-police officer.
291-An officer to whom this subsection applies must successfully complete
292-the refresher course established by the board in order to work as a
293-reserve police officer.
294-HEA 1296 — CC 1 8
295-(r) This subsection applies to an individual who, at the time the
296-individual completes a board certified or recognized basic training
297-course, has not been appointed as a law enforcement officer by an
298-Indiana law enforcement department or agency. If the individual is not
299-employed as a law enforcement officer for at least two (2) years after
300-completing the basic training course, the individual must successfully
301-retake and complete the basic training course as set forth in subsection
302-(d).
303-(s) The board shall adopt rules under IC 4-22-2 to establish a
304-refresher course for an individual who:
305-(1) is appointed as a board certified instructor of law enforcement
306-training; and
307-(2) has not provided law enforcement training instruction for
308-more than one (1) year after the date the individual's instructor
309-certification expired.
310-An individual to whom this subsection applies must successfully
311-complete the refresher course established by the board in order to
312-renew the individual's instructor certification.
313-(t) This subsection applies only to a gaming agent employed as a
314-law enforcement officer by the Indiana gaming commission. A gaming
315-agent appointed after June 30, 2005, may exercise the police powers
316-described in subsection (d) if:
317-(1) the agent successfully completes the pre-basic course
318-established in subsection (f); and
319-(2) the agent successfully completes any other training courses
320-established by the Indiana gaming commission in conjunction
321-with the board.
322-(u) This subsection applies only to a securities enforcement officer
323-designated as a law enforcement officer by the securities
324-commissioner. A securities enforcement officer may exercise the police
325-powers described in subsection (d) if:
326-(1) the securities enforcement officer successfully completes the
327-pre-basic course established in subsection (f); and
328-(2) the securities enforcement officer successfully completes any
329-other training courses established by the securities commissioner
330-in conjunction with the board.
331-(v) As used in this section, "upper level policymaking position"
332-refers to the following:
333-(1) If the authorized size of the department or town marshal
334-system is not more than ten (10) members, the term refers to the
335-position held by the police chief or town marshal.
336-(2) If the authorized size of the department or town marshal
337-HEA 1296 — CC 1 9
338-system is more than ten (10) members but less than fifty-one (51)
339-members, the term refers to:
340-(A) the position held by the police chief or town marshal; and
341-(B) each position held by the members of the police
342-department or town marshal system in the next rank and pay
343-grade immediately below the police chief or town marshal.
344-(3) If the authorized size of the department or town marshal
345-system is more than fifty (50) members, the term refers to:
346-(A) the position held by the police chief or town marshal; and
347-(B) each position held by the members of the police
348-department or town marshal system in the next two (2) ranks
349-and pay grades immediately below the police chief or town
350-marshal.
351-(w) This subsection applies only to a correctional police officer
352-employed by the department of correction. A correctional police officer
353-may exercise the police powers described in subsection (d) if:
354-(1) the officer successfully completes the pre-basic course
355-described in subsection (f); and
356-(2) the officer successfully completes any other training courses
357-established by the department of correction in conjunction with
358-the board.
359-(x) This subsection applies only to the sexual assault training
360-described in subsection (a)(11). The board shall:
361-(1) consult with experts on the neurobiology of trauma, trauma
362-informed interviewing, and investigative techniques in developing
363-the sexual assault training; and
364-(2) develop the sexual assault training and begin offering the
365-training not later than July 1, 2022.
366-(y) After July 1, 2023, a law enforcement officer who regularly
367-investigates sexual assaults involving adult victims must complete the
368-training requirements described in subsection (a)(11) within one (1)
369-year of being assigned to regularly investigate sexual assaults involving
370-adult victims.
371-(z) A law enforcement officer who regularly investigates sexual
372-assaults involving adult victims may complete the training
373-requirements described in subsection (a)(11) by attending a:
374-(1) statewide or national training; or
375-(2) department hosted local training.
376-(aa) Notwithstanding any other provisions of this section, the board
377-is authorized to establish certain required standards of training and
378-procedure.
379-SECTION 2. IC 11-13-1-3.5, AS AMENDED BY P.L.4-2017,
380-HEA 1296 — CC 1 10
381-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
382-JULY 1, 2022]: Sec. 3.5. A probation officer may not carry a handgun
383-as described in IC 35-47-2-1 in any vehicle or on or about the
384-probation officer's body while acting in the scope of employment as
385-a probation officer unless all of the following conditions are met:
386-(1) The appointing court enters an order authorizing the probation
387-officer to carry the handgun while on duty.
388-(2) The probation officer is issued a license to carry the handgun
389-under IC 35-47-2.
390-(3) (2) The probation officer successfully completes a handgun
391-safety course certified by the law enforcement training board
392-under IC 5-2-1-9(n).
393-SECTION 3. IC 14-16-1-23, AS AMENDED BY P.L.35-2011,
394-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
395-JULY 1, 2022]: Sec. 23. (a) An individual shall not operate a vehicle
396-under any of the following conditions:
397-(1) At a rate of speed greater than is reasonable and proper having
398-due regard for existing conditions or in a manner that
399-unnecessarily endangers the person or property of another.
400-(2) While:
401-(A) under the influence of an alcoholic beverage; or
402-(B) unlawfully under the influence of a narcotic or other habit
403-forming or dangerous depressant or stimulant drug.
404-(3) During the hours from thirty (30) minutes after sunset to thirty
405-(30) minutes before sunrise without displaying a lighted headlight
406-and a lighted taillight.
407-(4) In a forest nursery, a planting area, or public land posted or
408-reasonably identified as an area of forest or plant reproduction
409-and when growing stock may be damaged.
410-(5) On the frozen surface of public waters within:
411-(A) one hundred (100) feet of an individual not in or upon a
412-vehicle; or
413-(B) one hundred (100) feet of a fishing shanty or shelter;
414-except at a speed of not more than five (5) miles per hour.
415-(6) Unless the vehicle is equipped with a muffler in good working
416-order and in constant operation to prevent excessive or unusual
417-noise and annoying smoke.
418-(7) Within one hundred (100) feet of a dwelling between midnight
419-and 6:00 a.m., except on the individual's own property or property
420-under the individual's control or as an invited guest.
421-(8) On any property without the consent of the landowner or
422-tenant.
423-HEA 1296 — CC 1 11
424-(9) While transporting on or in the vehicle a firearm, unless the
425-firearm is:
426-(A) unloaded; and
427-(B) securely encased or equipped with and made inoperative
428-by a manufactured keylocked trigger housing mechanism.
429-(10) On or across a cemetery or burial ground.
430-(11) Within one hundred (100) feet of a slide, ski, or skating area,
431-except for the purpose of servicing the area.
432-(12) On a railroad track or railroad right-of-way, except railroad
433-personnel in the performance of duties.
434-(13) In or upon a flowing river, stream, or creek, except for the
435-purpose of crossing by the shortest possible route, unless the
436-river, stream, or creek is of sufficient water depth to permit
437-movement by flotation of the vehicle at all times.
438-(14) An individual shall not operate a vehicle while a bow is
439-present in or on the vehicle if the nock of an arrow is in position
440-on the string of the bow.
441-(b) Subsection (a)(9) does not apply to a person who is carrying a
442-firearm:
443-(1) if:
444-(A) the firearm is a handgun; and
445-(B) the person has been issued an unlimited handgun license
446-to carry a handgun under IC 35-47-2; is not otherwise
447-prohibited from possessing a firearm under state or
448-federal law;
449-(2) if:
450-(A) the firearm is a handgun; and
451-(B) the person is not required to possess a license to carry a
452-handgun under IC 35-47-2-2; or
453-(3) (2) if the person carrying the firearm is operating the vehicle
454-on property that the person:
455-(A) owns;
456-(B) has a contractual interest in;
457-(C) otherwise legally possesses; or
458-(D) has permission from a person described in clauses (A)
459-through (C) to possess a firearm on.
460-SECTION 4. IC 31-30-1-4, AS AMENDED BY P.L.28-2016,
461-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
462-JULY 1, 2022]: Sec. 4. (a) The juvenile court does not have jurisdiction
463-over an individual for an alleged violation of:
464-(1) IC 35-41-5-1(a) (attempted murder);
465-(2) IC 35-42-1-1 (murder);
466-HEA 1296 — CC 1 12
467-(3) IC 35-42-3-2 (kidnapping);
468-(4) IC 35-42-4-1 (rape);
469-(5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
470-(6) IC 35-42-5-1 (robbery) if:
471-(A) the robbery was committed while armed with a deadly
472-weapon; or
473-(B) the robbery results in bodily injury or serious bodily
474-injury;
475-(7) IC 35-42-5-2 (carjacking) (before its repeal);
476-(8) IC 35-47-2-1 (carrying a handgun without a license), if
477-charged as a felony; IC 35-47-2-1.5 (unlawful carrying of a
478-handgun), if charged as a felony;
479-(9) IC 35-47-10 (children and firearms), if charged as a felony; or
480-(10) any offense that may be joined under IC 35-34-1-9(a)(2) with
481-any crime listed in this subsection;
482-if the individual was at least sixteen (16) years of age but less than
483-eighteen (18) years of age at the time of the alleged violation.
484-(b) Once an individual described in subsection (a) has been charged
485-with any offense listed in subsection (a), the court having adult
486-criminal jurisdiction shall retain jurisdiction over the case if the
487-individual pleads guilty to or is convicted of any offense listed in
488-subsection (a)(1) through (a)(9).
489-(c) If:
490-(1) an individual described in subsection (a) is charged with one
491-(1) or more offenses listed in subsection (a);
492-(2) all the charges under subsection (a)(1) through (a)(9) resulted
493-in an acquittal or were dismissed; and
494-(3) the individual pleads guilty to or is convicted of any offense
495-other than an offense listed in subsection (a)(1) through (a)(9);
496-the court having adult criminal jurisdiction may withhold judgment and
497-transfer jurisdiction to the juvenile court for adjudication and
498-disposition. In determining whether to transfer jurisdiction to the
499-juvenile court for adjudication and disposition, the court having adult
500-criminal jurisdiction shall consider whether there are appropriate
501-services available in the juvenile justice system, whether the child is
502-amenable to rehabilitation under the juvenile justice system, and
503-whether it is in the best interests of the safety and welfare of the
504-community that the child be transferred to juvenile court. All orders
505-concerning release conditions remain in effect until a juvenile court
506-detention hearing, which must be held not later than forty-eight (48)
507-hours, excluding Saturdays, Sundays, and legal holidays, after the order
508-of transfer of jurisdiction.
509-HEA 1296 — CC 1 13
510-SECTION 5. IC 35-31.5-2-78, AS AMENDED BY P.L.40-2019,
511-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
512-JULY 1, 2022]: Sec. 78. "Crime of domestic violence", for purposes of
513-IC 5-2-6.1, IC 35-38-9, IC 35-47-2-1.5, and IC 35-47-4-7, means an
514-offense or the attempt to commit an offense that:
515-(1) has as an element the:
516-(A) use of physical force; or
517-(B) threatened use of a deadly weapon; and
518-(2) is committed against a family or household member, as
519-defined in section 128 of this chapter.
520-SECTION 6. IC 35-33-1-1, AS AMENDED BY P.L.65-2016,
521-SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
522-JULY 1, 2022]: Sec. 1. (a) A law enforcement officer may arrest a
523-person when the officer has:
524-(1) a warrant commanding that the person be arrested;
525-(2) probable cause to believe the person has committed or
526-attempted to commit, or is committing or attempting to commit,
527-a felony;
528-(3) probable cause to believe the person has violated the
529-provisions of IC 9-26-1-1.1 or IC 9-30-5;
530-(4) probable cause to believe the person is committing or
531-attempting to commit a misdemeanor in the officer's presence;
532-(5) probable cause to believe the person has committed a:
533-(A) battery resulting in bodily injury under IC 35-42-2-1; or
534-(B) domestic battery under IC 35-42-2-1.3.
535-The officer may use an affidavit executed by an individual alleged
536-to have direct knowledge of the incident alleging the elements of
537-the offense of battery to establish probable cause;
538-(6) probable cause to believe that the person violated
539-IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
540-(7) probable cause to believe that the person violated
541-IC 35-47-2-1 (carrying a handgun without a license)
542-IC 35-47-2-1.5 (unlawful carrying of a handgun) or
543-IC 35-47-2-22 (counterfeit handgun license);
544-(8) probable cause to believe that the person is violating or has
545-violated an order issued under IC 35-50-7;
546-(9) probable cause to believe that the person is violating or has
547-violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
548-device);
549-(10) probable cause to believe that the person is:
550-(A) violating or has violated IC 35-45-2-5 (interference with
551-the reporting of a crime); and
552-HEA 1296 — CC 1 14
553-(B) interfering with or preventing the reporting of a crime
554-involving domestic or family violence (as defined in
555-IC 34-6-2-34.5);
556-(11) probable cause to believe that the person has committed theft
557-(IC 35-43-4-2);
558-(12) a removal order issued for the person by an immigration
559-court;
560-(13) a detainer or notice of action for the person issued by the
561-United States Department of Homeland Security; or
562-(14) probable cause to believe that the person has been indicted
563-for or convicted of one (1) or more aggravated felonies (as
564-defined in 8 U.S.C. 1101(a)(43)).
565-(b) A person who:
566-(1) is employed full time as a federal enforcement officer;
567-(2) is empowered to effect an arrest with or without warrant for a
568-violation of the United States Code; and
569-(3) is authorized to carry firearms in the performance of the
570-person's duties;
571-may act as an officer for the arrest of offenders against the laws of this
572-state where the person reasonably believes that a felony has been or is
573-about to be committed or attempted in the person's presence.
574-SECTION 7. IC 35-43-4-2, AS AMENDED BY P.L.70-2021,
575-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
576-JULY 1, 2022]: Sec. 2. (a) A person who knowingly or intentionally
577-exerts unauthorized control over property of another person, with intent
578-to deprive the other person of any part of its value or use, commits
579-theft, a Class A misdemeanor. However, the offense is:
580-(1) a Level 6 felony if:
581-(A) the value of the property is at least seven hundred fifty
582-dollars ($750) and less than fifty thousand dollars ($50,000);
583-(B) the property is a:
584-(i) firearm;
585-(ii) (i) motor vehicle (as defined in IC 9-13-2-105(a)); or
586-(iii) (ii) component part (as defined in IC 9-13-2-34) of a
587-motor vehicle; or
588-(C) the person has a prior unrelated conviction for:
589-(i) theft under this section;
590-(ii) criminal conversion under section 3 of this chapter;
591-(iii) robbery under IC 35-42-5-1; or
592-(iv) burglary under IC 35-43-2-1; and
593-(2) a Level 5 felony if:
594-(A) the value of the property is at least fifty thousand dollars
595-HEA 1296 — CC 1 15
596-($50,000);
597-(B) the property that is the subject of the theft is a valuable
598-metal (as defined in IC 25-37.5-1-1) and:
599-(i) relates to transportation safety;
600-(ii) relates to public safety; or
601-(iii) is taken from a hospital or other health care facility,
602-telecommunications provider, public utility (as defined in
603-IC 32-24-1-5.9(a)), or critical infrastructure facility;
604-and the absence of the property creates a substantial risk of
605-bodily injury to a person; or
606-(C) the property is a:
607-(i) motor vehicle (as defined in IC 9-13-2-105(a)); or
608-(ii) component part (as defined in IC 9-13-2-34) of a motor
609-vehicle; and
610-the person has a prior unrelated conviction for theft of a motor
611-vehicle (as defined in IC 9-13-2-105(a)) or theft of a
612-component part (as defined in IC 9-13-2-34); and
613-(3) a Level 5 felony if the property is a firearm.
614-(b) For purposes of this section, "the value of property" means:
615-(1) the fair market value of the property at the time and place the
616-offense was committed; or
617-(2) if the fair market value of the property cannot be satisfactorily
618-determined, the cost to replace the property within a reasonable
619-time after the offense was committed.
620-A price tag or price marking on property displayed or offered for sale
621-constitutes prima facie evidence of the value of the property.
622-(c) If the offense described in subsection (a) is committed by a
623-public servant who exerted unauthorized control over public funds (as
624-defined by IC 5-22-2-23) from the public servant's employer, the
625-employer may be reimbursed in accordance with IC 2-3.5-4-11,
626-IC 2-3.5-5-9, IC 5-10-5.5-19, IC 5-10.3-8-9, IC 5-10.4-5-14,
627-IC 10-12-2-10, IC 33-38-6-19.5, IC 33-39-7-10.5, IC 36-8-6-14,
628-IC 36-8-7-22, IC 36-8-7.5-19, or IC 36-8-8-17.
629-SECTION 8. IC 35-47-2-1, AS AMENDED BY P.L.221-2017,
630-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
631-JULY 1, 2022]: Sec. 1. (a) Except as provided in subsections (b) and
632-(c) and sections 2 through 2.1 of this chapter, a person shall not carry
633-a handgun in any vehicle or on or about the person's body without
634-being licensed under this chapter to carry a handgun. A person who
635-meets the following requirements may carry a handgun in the
636-manner described in subsection (b):
637-(1) The person is not prohibited from possessing or carrying
638-HEA 1296 — CC 1 16
639-a handgun under federal law as in effect on January 1, 2022.
640-(2) Notwithstanding section 1.5 of this chapter, the person is
641-not otherwise prohibited under state law from possessing or
642-carrying a handgun.
643-(3) The person does not meet the requirements under
644-IC 35-47-2-3 to receive a license to carry a handgun in
645-Indiana.
646-(b) Except as provided in subsection (c), A person may carry a
647-handgun without being licensed under this chapter to carry a handgun
648-if:
649-(1) the person carries the handgun on or about the person's body
650-in or on property that is owned, leased, rented, or otherwise
651-legally controlled by the person;
652-(2) the person carries the handgun on or about the person's body
653-while lawfully present in or on property that is owned, leased,
654-rented, or otherwise legally controlled by another person, if the
655-person:
656-(A) has the consent of the owner, renter, lessor, or person who
657-legally controls the property to have the handgun on the
658-premises;
659-(B) is attending a firearms related event on the property,
660-including a gun show, firearms expo, gun owner's club or
661-convention, hunting club, shooting club, or training course; or
662-(C) is on the property to receive firearms related services,
663-including the repair, maintenance, or modification of a
664-firearm;
665-(3) the person carries the handgun in a vehicle that is owned,
666-leased, rented, or otherwise legally controlled by the person, if the
667-handgun is:
668-(A) unloaded;
669-(B) not readily accessible; and
670-(C) secured in a case;
671-(4) the person carries the handgun while lawfully present in a
672-vehicle that is owned, leased, rented, or otherwise legally
673-controlled by another person, if the handgun is:
674-(A) unloaded;
675-(B) not readily accessible; and
676-(C) secured in a case; or
677-(5) the person carries the handgun:
678-(A) at a shooting range (as defined in IC 14-22-31.5-3);
679-(B) while attending a firearms instructional course; or
680-(C) while engaged in a legal hunting activity. or
681-HEA 1296 — CC 1 17
682-(6) the person is permitted to carry a handgun without a license
683-under section 2.1 of this chapter (persons protected by a
684-protection order).
685-(c) Unless the person's right to possess a firearm has been restored
686-under IC 35-47-4-7, a person who has been convicted of domestic
687-battery under IC 35-42-2-1.3 may not possess or carry a handgun.
688-(d) (c) This section chapter may not be construed:
689-(1) to prohibit a person who owns, leases, rents, or otherwise
690-legally controls private property from regulating or prohibiting the
691-possession of firearms on the private property;
692-(2) to allow a person to adopt or enforce an ordinance, resolution,
693-policy, or rule that:
694-(A) prohibits; or
695-(B) has the effect of prohibiting;
696-an employee of the person from possessing a firearm or
697-ammunition that is locked in the trunk of the employee's vehicle,
698-kept in the glove compartment of the employee's locked vehicle,
699-or stored out of plain sight in the employee's locked vehicle,
700-unless the person's adoption or enforcement of the ordinance,
701-resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
702-(3) to allow a person to adopt or enforce a law, statute, ordinance,
703-resolution, policy, or rule that allows a person to possess or
704-transport a firearm or ammunition if the person is prohibited from
705-possessing or transporting the firearm or ammunition by state or
706-federal law.
707-(d) Nothing in this chapter may be construed to affect the status
708-or validity of a five (5) year or lifetime license to carry a handgun
709-issued by the superintendent before July 1, 2022. Any license
710-described under this subsection shall remain valid for the duration
711-of the license or the lifetime of the licensee, as applicable.
712-(e) A person who knowingly or intentionally violates this section
713-commits a Class A misdemeanor. However, the offense is a Level 5
714-felony:
715-(1) if the offense is committed:
716-(A) on or in school property;
717-(B) within five hundred (500) feet of school property; or
718-(C) on a school bus; or
719-(2) if the person:
720-(A) has a prior conviction of any offense under:
721-(i) this section; or
722-(ii) section 22 of this chapter; or
723-(B) has been convicted of a felony within fifteen (15) years
724-HEA 1296 — CC 1 18
725-before the date of the offense.
726-SECTION 9. IC 35-47-2-1.5 IS ADDED TO THE INDIANA CODE
727-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
728-1, 2022]: Sec. 1.5. (a) The following terms are defined for this
729-section:
730-(1) "Adjudicated a mental defective" means a determination
731-by a court that a person:
732-(A) presents a danger to the person or to others; or
733-(B) lacks the mental capacity necessary to contract or
734-manage the person's affairs.
735-The term includes a finding of insanity by a court in a
736-criminal proceeding.
737-(2) "Alien" means any person who is not lawfully in the
738-United States. The term includes:
739-(A) any person who has:
740-(i) entered the United States without inspection and
741-authorization by an immigration officer; and
742-(ii) not been paroled into the United States under the
743-federal Immigration and Nationality Act;
744-(B) a nonimmigrant:
745-(i) whose authorized period of stay has expired; or
746-(ii) who has violated the terms of the nonimmigrant
747-category under which the person was admitted;
748-(C) a person paroled under the federal Immigration and
749-Nationality Act whose period of parole has:
750-(i) expired; or
751-(ii) been terminated; and
752-(D) a person subject to an order:
753-(i) of deportation, exclusion, or removal; or
754-(ii) to depart the United States voluntarily;
755-regardless of whether or not the person has left the United
756-States.
757-(3) "Committed to a mental institution" means the formal
758-commitment of a person to a mental institution by a court.
759-The term includes:
760-(A) a commitment for:
761-(i) a cognitive or mental defect; or
762-(ii) a mental illness; and
763-(B) involuntary commitments.
764-The term does not include voluntary commitments or a
765-commitment made for observational purposes.
766-(4) "Crime of domestic violence" has the meaning set forth in
767-HEA 1296 — CC 1 19
768-IC 35-31.5-2-78.
769-(5) "Dangerous" has the meaning set forth in IC 35-47-14-1.
770-(6) "Fugitive from justice" means any person who:
771-(A) flees or leaves from any state to avoid prosecution for
772-a felony or misdemeanor offense; or
773- (B) flees or leaves any state to avoid testifying in a criminal
774-proceeding.
775-(7) "Indictment" means any formal accusation of a crime
776-made by a prosecuting attorney in any court for a crime
777-punishable by a term of imprisonment exceeding one (1) year.
778-(8) A crime or offense "punishable by a term of imprisonment
779-exceeding one (1) year" does not include a federal or state
780-crime or offense pertaining to antitrust violations, unfair
781-trade practices, restraints of trade, or other similar offenses
782-relating to the regulation of business practices.
783-(b) Except as provided in subsections (c) and (d), the following
784-persons may not knowingly or intentionally carry a handgun:
785-(1) A person convicted of a federal or state offense punishable
786-by a term of imprisonment exceeding one (1) year.
787-(2) A fugitive from justice.
788-(3) An alien.
789-(4) A person convicted of:
790-(A) a crime of domestic violence (IC 35-31.5-2-78);
791-(B) domestic battery (IC 35-42-2-1.3); or
792-(C) criminal stalking (IC 35-45-10-5).
793-(5) A person restrained by an order of protection issued under
794-IC 34-26-5.
795-(6) A person under indictment.
796-(7) A person who has been:
797-(A) adjudicated dangerous under IC 35-47-14-6;
798-(B) adjudicated a mental defective; or
799-(C) committed to a mental institution.
800-(8) A person dishonorably discharged from:
801-(A) military service; or
802-(B) the National Guard.
803-(9) A person who renounces the person's United States
804-citizenship in the manner described in 8 U.S.C. 1481.
805-(10) A person who is less than:
806-(A) eighteen (18) years of age; or
807-(B) twenty-three (23) years of age and has an adjudication
808-as a delinquent child for an act described by IC 35-47-4-5;
809-unless authorized under IC 35-47-10.
810-HEA 1296 — CC 1 20
811-(c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person
812-if a court has restored the person's right to possess a firearm under
813-IC 35-47-4-7.
814-(d) A person who has:
815-(1) been adjudicated dangerous under IC 35-47-14-6; and
816-(2) successfully petitioned for the return of a firearm under
817-IC 35-47-14-8 with respect to the adjudication under
818-subdivision (1);
819-is not prohibited from carrying a handgun under subsection (b) on
820-the basis that the person was adjudicated dangerous under
821-subdivision (1). However, the person may still be prohibited from
822-carrying a handgun on one (1) or more of the other grounds listed
823-in subsection (b).
824-(e) A person who violates this section commits unlawful
825-carrying of a handgun, a Class A misdemeanor. However, the
826-offense is a Level 5 felony if:
827-(1) the offense is committed:
828-(A) on or in school property;
829-(B) within five hundred (500) feet of school property; or
830-(C) on a school bus; or
831-(2) the person:
832-(A) has a prior conviction of any offense under:
833-(i) this section;
834-(ii) section 1 of this chapter (carrying a handgun without
835-a license) (before its repeal); or
836-(iii) section 22 of this chapter; or
837-(B) has been convicted of a felony within fifteen (15) years
838-before the date of the offense.
839-SECTION 10. IC 35-47-2-2 IS REPEALED [EFFECTIVE JULY 1,
840-2022]. Sec. 2. Section 1 of this chapter does not apply to:
841-(1) marshals;
842-(2) sheriffs;
843-(3) the commissioner of the department of correction or persons
844-authorized by the commissioner in writing to carry firearms;
845-(4) judicial officers;
846-(5) law enforcement officers;
847-(6) members of the armed forces of the United States or of the
848-national guard or organized reserves while they are on duty;
849-(7) regularly enrolled members of any organization duly
850-authorized to purchase or receive such weapons from the United
851-States or from this state who are at or are going to or from their
852-place of assembly or target practice;
853-HEA 1296 — CC 1 21
854-(8) employees of the United States duly authorized to carry
855-handguns;
856-(9) employees of express companies when engaged in company
857-business; or
858-(10) any person engaged in the business of manufacturing,
859-repairing, or dealing in firearms or the agent or representative of
860-any such person having in the person's possession, using, or
861-carrying a handgun in the usual or ordinary course of that
862-business.
863-SECTION 11. IC 35-47-2-2.1 IS REPEALED [EFFECTIVE JULY
864-1, 2022]. Sec. 2.1. (a) As used in this section, "protection order" means
865-a civil protection order issued under IC 34-26-5.
866-(b) A person may carry a handgun without a license if the person:
867-(1) has applied for a license to carry a handgun as described in
868-IC 35-47-2-3;
869-(2) is protected by a protection order;
870-(3) is at least eighteen (18) years of age; and
871-(4) is not otherwise barred by state or federal law from possessing
872-a handgun;
873-during the period described in subsection (c).
874-(c) A person described in subsection (b) may carry a handgun
875-without a license for a period ending sixty (60) days after the date the
876-protection order is issued.
877-SECTION 12. IC 35-47-2-3, AS AMENDED BY P.L.165-2021,
878-SECTION 196, IS AMENDED TO READ AS FOLLOWS
879-[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) A person desiring a license
880-to carry who is at least eighteen (18) years of age and is not
881-otherwise prohibited from carrying or possessing a handgun shall
882-apply: under state or federal law is not required to obtain or
883-possess a license or permit from the state to carry a handgun in
884-Indiana. A resident of this state who wishes to carry a firearm in
885-another state under a reciprocity agreement entered into by this
886-state and another state may obtain a license to carry a handgun in
887-Indiana under this chapter by applying:
888-(1) to the chief of police or corresponding law enforcement officer
889-of the municipality in which the applicant resides;
890-(2) if that municipality has no such officer, or if the applicant does
891-not reside in a municipality, to the sheriff of the county in which
892-the applicant resides after the applicant has obtained an
893-application form prescribed by the superintendent; or
894-(3) if the applicant is a resident of another state and has a regular
895-place of business or employment in Indiana, to the sheriff of the
896-HEA 1296 — CC 1 22
897-county in which the applicant has a regular place of business or
898-employment.
899-The superintendent and local law enforcement agencies shall allow an
900-applicant desiring to obtain or renew a license to carry a handgun to
901-submit an application electronically under this chapter if funds are
902-available to establish and maintain an electronic application system.
903-(b) This subsection applies before July 1, 2020. The law
904-enforcement agency which accepts an application for a handgun license
905-shall collect the following application fees:
906-(1) From a person applying for a four (4) year handgun license, a
907-ten dollar ($10) application fee, five dollars ($5) of which shall be
908-refunded if the license is not issued.
909-(2) From a person applying for a lifetime handgun license who
910-does not currently possess a valid Indiana handgun license, a fifty
911-dollar ($50) application fee, thirty dollars ($30) of which shall be
912-refunded if the license is not issued.
913-(3) From a person applying for a lifetime handgun license who
914-currently possesses a valid Indiana handgun license, a forty dollar
915-($40) application fee, thirty dollars ($30) of which shall be
916-refunded if the license is not issued.
917-Except as provided in subsection (j), the fee shall be deposited into the
918-law enforcement agency's firearms training fund or other appropriate
919-training activities fund and used by the agency to train law enforcement
920-officers in the proper use of firearms or in other law enforcement
921-duties, or to purchase firearms, firearm related equipment, or body
922-armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
923-employed by the law enforcement agency. The state board of accounts
924-shall establish rules for the proper accounting and expenditure of funds
925-collected under this subsection.
926-(c) This subsection applies after June 30, 2020, and before July 1,
927-2021. The law enforcement agency which accepts an application for a
928-handgun license shall not collect a fee from a person applying for a five
929-(5) year handgun license and shall collect the following application
930-fees:
931-(1) From a person applying for a lifetime handgun license who
932-does not currently possess a valid Indiana handgun license, a fifty
933-dollar ($50) application fee, thirty dollars ($30) of which shall be
934-refunded if the license is not issued.
935-(2) From a person applying for a lifetime handgun license who
936-currently possesses a valid Indiana handgun license, a forty dollar
937-($40) application fee, thirty dollars ($30) of which shall be
938-refunded if the license is not issued.
939-HEA 1296 — CC 1 23
940-Except as provided in subsection (j), the fee shall be deposited into the
941-law enforcement agency's firearms training fund or other appropriate
942-training activities fund and used by the agency to train law enforcement
943-officers in the proper use of firearms or in other law enforcement
944-duties, or to purchase firearms, firearm related equipment, or body
945-armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
946-employed by the law enforcement agency. The state board of accounts
947-shall establish rules for the proper accounting and expenditure of funds
948-collected under this subsection.
949-(d) This subsection applies after June 30, 2021. The law
950-enforcement agency which accepts an application for a handgun license
951-shall not collect a fee from a person applying for a handgun license.
952-(e) The officer to whom the application is made shall ascertain the
953-applicant's name, full address, length of residence in the community,
954-whether the applicant's residence is located within the limits of any city
955-or town, the applicant's occupation, place of business or employment,
956-criminal record, if any, and convictions (minor traffic offenses
957-excepted), age, race, sex, nationality, date of birth, citizenship, height,
958-weight, build, color of hair, color of eyes, scars and marks, whether the
959-applicant has previously held an Indiana license to carry a handgun
960-and, if so, the serial number of the license and year issued, whether the
961-applicant's license has ever been suspended or revoked, and if so, the
962-year and reason for the suspension or revocation, and the applicant's
963-reason for desiring a license. If the applicant is not a United States
964-citizen, the officer to whom the application is made shall ascertain the
965-applicant's country of citizenship, place of birth, and any alien or
966-admission number issued by the United States Citizenship and
967-Immigration Services or United States Customs and Border Protection
968-or any successor agency as applicable. The officer to whom the
969-application is made shall conduct an investigation into the applicant's
970-official records and verify thereby the applicant's character and
971-reputation, and shall in addition verify for accuracy the information
972-contained in the application, and shall forward this information
973-together with the officer's recommendation for approval or disapproval
974-and one (1) set of legible and classifiable fingerprints of the applicant
975-to the superintendent. An investigation conducted under this section
976-must include the consulting of available local, state, and federal
977-criminal history data banks, including the National Instant Criminal
978-Background Check System (NICS), to determine whether possession
979-of a firearm by an applicant would be a violation of state or federal law.
980-(f) The superintendent may make whatever further investigation the
981-superintendent deems necessary. Whenever disapproval is
982-HEA 1296 — CC 1 24
983-recommended, the officer to whom the application is made shall
984-provide the superintendent and the applicant with the officer's complete
985-and specific reasons, in writing, for the recommendation of
986-disapproval.
987-(g) If it appears to the superintendent that the applicant:
988-(1) has a proper reason for carrying a handgun; receiving a
989-license to carry a handgun;
990-(2) is of good character and reputation;
991-(3) is a proper person to be licensed; and
992-(4) is:
993-(A) a citizen of the United States; or
994-(B) not a citizen of the United States but is allowed to carry a
995-firearm in the United States under federal law;
996-the superintendent shall issue to the applicant a qualified or an
997-unlimited license to carry any a handgun lawfully possessed by the
998-applicant. in Indiana. The original license shall be delivered to the
999-licensee. A copy shall be delivered to the officer to whom the
1000-application for license was made. A copy shall be retained by the
1001-superintendent for at least five (5) years in the case of a five (5) year
1002-license. The superintendent may adopt guidelines to establish a records
1003-retention policy for a lifetime license. A five (5) year license shall be
1004-valid for a period of five (5) years from the date of issue. A lifetime
1005-license is valid for the life of the individual receiving the license. The
1006-license of police officers, sheriffs or their deputies, and law
1007-enforcement officers of the United States government who have twenty
1008-(20) or more years of service shall be valid for the life of these
1009-individuals. However, a lifetime license is automatically revoked if the
1010-license holder does not remain a proper person.
1011-(h) At the time a license is issued and delivered to a licensee under
1012-subsection (g), the superintendent shall include with the license
1013-information concerning handgun firearms safety rules that:
1014-(1) neither opposes nor supports an individual's right to bear
1015-arms; and
1016-(2) is:
1017-(A) recommended by a nonprofit educational organization that
1018-is dedicated to providing education on safe handling and use
1019-of firearms;
1020-(B) prepared by the state police department; and
1021-(C) approved by the superintendent.
1022-The superintendent may not deny a license under this section because
1023-the information required under this subsection is unavailable at the
1024-time the superintendent would otherwise issue a license. The state
1025-HEA 1296 — CC 1 25
1026-police department may accept private donations or grants to defray the
1027-cost of printing and mailing the information required under this
1028-subsection.
1029-(i) A license to carry a handgun shall not be issued to any person
1030-who:
1031-(1) has been convicted of a felony;
1032-(2) has had a license to carry a handgun suspended, unless the
1033-person's license has been reinstated;
1034-(3) is under eighteen (18) years of age;
1035-(4) is under twenty-three (23) years of age if the person has been
1036-adjudicated a delinquent child for an act that would be a felony if
1037-committed by an adult;
1038-(5) has been arrested for a Class A or Class B felony for an
1039-offense committed before July 1, 2014, for a Level 1, Level 2,
1040-Level 3, or Level 4 felony for an offense committed after June 30,
1041-2014, or any other felony that was committed while armed with
1042-a deadly weapon or that involved the use of violence, if a court
1043-has found probable cause to believe that the person committed the
1044-offense charged; or
1045-(6) is prohibited by federal law from possessing or receiving
1046-firearms under 18 U.S.C. 922(g); or
1047-(7) is described in IC 35-47-2-1.5, unless exempted by
1048-IC 35-47-2-1.5.
1049-In the case of an arrest under subdivision (5), a license to carry a
1050-handgun may be issued to a person who has been acquitted of the
1051-specific offense charged or if the charges for the specific offense are
1052-dismissed. The superintendent shall prescribe all forms to be used in
1053-connection with the administration of this chapter.
1054-(j) If the law enforcement agency that charges a fee under
1055-subsection (b) or (c) is a city or town law enforcement agency, the fee
1056-shall be deposited in the law enforcement continuing education fund
1057-established under IC 5-2-8-2.
1058-(k) If a person who holds a valid license to carry a handgun issued
1059-under this chapter:
1060-(1) changes the person's name;
1061-(2) changes the person's address; or
1062-(3) experiences a change, including an arrest or a conviction, that
1063-may affect the person's status as a proper person (as defined in
1064-IC 35-47-1-7) or otherwise disqualify the person from holding a
1065-license;
1066-the person shall, not later than thirty (30) days after the date of a
1067-change described under subdivision (3), and not later than sixty (60)
1068-HEA 1296 — CC 1 26
1069-days after the date of the change described under subdivision (1) or (2),
1070-notify the superintendent, in writing, of the event described under
1071-subdivision (3) or, in the case of a change under subdivision (1) or (2),
1072-the person's new name or new address.
1073-(l) The state police shall indicate on the form for a license to carry
1074-a handgun the notification requirements of subsection (k).
1075-(m) The state police department shall adopt rules under IC 4-22-2
1076-to
1077-(1) implement an electronic application system under subsection
1078-(a). and
1079-(2) expedite the processing of an application made by a person
1080-described in section 2.1(b) of this chapter.
1081-Rules adopted under this section must require the superintendent to
1082-keep on file one (1) set of classifiable and legible fingerprints from
1083-every person who has received a license to carry a handgun so that a
1084-person who applies to renew a license will not be required to submit an
1085-additional set of fingerprints.
1086-(n) Except as provided in subsection (o), for purposes of
1087-IC 5-14-3-4(a)(1), the following information is confidential, may not
1088-be published, and is not open to public inspection:
1089-(1) Information submitted by a person under this section to:
1090-(A) obtain; or
1091-(B) renew;
1092-a license to carry a handgun.
1093-(2) Information obtained by a federal, state, or local government
1094-entity in the course of an investigation concerning a person who
1095-applies to:
1096-(A) obtain; or
1097-(B) renew;
1098-a license to carry a handgun issued under this chapter.
1099-(3) The name, address, and any other information that may be
1100-used to identify a person who holds a license to carry a handgun
1101-issued under this chapter.
1102-(o) Notwithstanding subsection (n):
1103-(1) any information concerning an applicant for or a person who
1104-holds a license to carry a handgun issued under this chapter may
1105-be released to a federal, state, or local government entity:
1106-(A) for law enforcement purposes; or
1107-(B) to determine the validity of a license to carry a handgun;
1108-and
1109-(2) general information concerning the issuance of licenses to
1110-carry handguns in Indiana may be released to a person conducting
1111-HEA 1296 — CC 1 27
1112-journalistic or academic research, but only if all personal
1113-information that could disclose the identity of any person who
1114-holds a license to carry a handgun issued under this chapter has
1115-been removed from the general information.
1116-(p) A person who holds a valid license to carry a handgun under
1117-this chapter is licensed to carry a handgun in Indiana.
1118-(p) (q) A person who knowingly or intentionally violates this section
1119-commits a Class B misdemeanor.
1120-SECTION 13. IC 35-47-2-4, AS AMENDED BY P.L.165-2021,
1121-SECTION 197, IS AMENDED TO READ AS FOLLOWS
1122-[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) Licenses to carry handguns
1123-shall be either qualified or unlimited, and issued under section 3 of
1124-this chapter are valid for:
1125-(1) five (5) years from the date of issue in the case of a five (5)
1126-year license; or
1127-(2) the life of the individual receiving the license in the case of a
1128-lifetime license.
1129-A qualified license shall be issued for hunting and target practice. An
1130-individual may separately apply for and simultaneously hold both a five
1131-(5) year license and a lifetime license. The superintendent may adopt
1132-rules imposing limitations on the use and carrying of handguns under
1133-a license when handguns are carried by a licensee as a condition of
1134-employment. Unlimited licenses shall be issued for the purpose of the
1135-protection of life and property.
1136-(b) This subsection applies before July 1, 2020. In addition to the
1137-application fee, the fee for:
1138-(1) a qualified license shall be:
1139-(A) five dollars ($5) for a five (5) year qualified license;
1140-(B) twenty-five dollars ($25) for a lifetime qualified license
1141-from a person who does not currently possess a valid Indiana
1142-handgun license; or
1143-(C) twenty dollars ($20) for a lifetime qualified license from
1144-a person who currently possesses a valid Indiana handgun
1145-license; and
1146-(2) an unlimited license shall be:
1147-(A) thirty dollars ($30) for a five (5) year unlimited license;
1148-(B) seventy-five dollars ($75) for a lifetime unlimited license
1149-from a person who does not currently possess a valid Indiana
1150-handgun license; or
1151-(C) sixty dollars ($60) for a lifetime unlimited license from a
1152-person who currently possesses a valid Indiana handgun
1153-license.
1154-HEA 1296 — CC 1 28
1155-The superintendent shall charge a twenty dollar ($20) fee for the
1156-issuance of a duplicate license to replace a lost or damaged license.
1157-These fees shall be deposited in accordance with subsection (h).
1158-(c) This subsection applies after June 30, 2020, and before July 1,
1159-2021. In addition to the application fee, the fee for:
1160-(1) a qualified license is:
1161-(A) zero dollars ($0) for a five (5) year qualified license;
1162-(B) twenty-five dollars ($25) for a lifetime qualified license
1163-from a person who does not currently possess a valid Indiana
1164-handgun license; and
1165-(C) twenty dollars ($20) for a lifetime qualified license from
1166-a person who currently possesses a valid Indiana handgun
1167-license; and
1168-(2) an unlimited license is:
1169-(A) zero dollars ($0) for a five (5) year unlimited license;
1170-(B) seventy-five dollars ($75) for a lifetime unlimited license
1171-from a person who does not currently possess a valid Indiana
1172-handgun license; and
1173-(C) sixty dollars ($60) for a lifetime unlimited license from a
1174-person who currently possesses a valid Indiana handgun
1175-license.
1176-The superintendent shall charge a twenty dollar ($20) fee for the
1177-issuance of a duplicate license to replace a lost or damaged license.
1178-These fees shall be deposited in accordance with subsection (h).
1179-(d) (b) This subsection applies after June 30, 2021. There is no fee
1180-for a qualified or unlimited license to carry a handgun. The
1181-superintendent shall charge a twenty dollar ($20) fee for the issuance
1182-of a duplicate license to replace a lost or damaged license. This fee
1183-shall be deposited in accordance with subsection (h). (c).
1184-(e) Licensed dealers are exempt from the payment of fees specified
1185-in subsections (b) and (c) for a qualified license or an unlimited
1186-license.
1187-(f) The following officers of this state or the United States who have
1188-been honorably retired by a lawfully created pension board or its
1189-equivalent after at least twenty (20) years of service or because of a
1190-disability are exempt from the payment of fees specified in subsections
1191-(b) and (c):
1192-(1) Police officers.
1193-(2) Sheriffs or their deputies.
1194-(3) Law enforcement officers.
1195-(4) Correctional officers.
1196-(g) The following officers described in section 3(g) of this chapter
1197-HEA 1296 — CC 1 29
1198-who have at least twenty (20) years of service are exempt from the
1199-payment of fees for a lifetime qualified license or a lifetime unlimited
1200-license specified in subsections (b) and (c):
1201-(1) Police officers.
1202-(2) Sheriffs or their deputies.
1203-(3) Law enforcement officers of the United States government.
1204-(h) (c) Fees collected under this section shall be deposited in the
1205-state general fund.
1206-(i) (d) The superintendent may not issue a lifetime qualified license
1207-or a lifetime unlimited license to a person who is a resident of another
1208-state. The superintendent may issue a five (5) year qualified license or
1209-a five (5) year unlimited license to a person who is a resident of another
1210-state and who has a regular place of business or employment in Indiana
1211-as described in section 3(a)(3) of this chapter.
1212-(j) (e) A person who knowingly or intentionally violates this section
1213-commits a Class B misdemeanor.
1214-SECTION 14. IC 35-47-2-24 IS REPEALED [EFFECTIVE JULY
1215-1, 2022]. Sec. 24. (a) In an information or indictment brought for the
1216-enforcement of any provision of this chapter, it is not necessary to
1217-negate any exemption specified under this chapter, or to allege the
1218-absence of a license required under this chapter. The burden of proof
1219-is on the defendant to prove that he is exempt under section 2 of this
1220-chapter, or that he has a license as required under this chapter.
1221-(b) Whenever a person who has been arrested or charged with a
1222-violation of section 1 of this chapter presents a valid license to the
1223-prosecuting attorney or establishes that he is exempt under section 2 of
1224-this chapter, any prosecution for a violation of section 1 of this chapter
1225-shall be dismissed immediately, and all records of an arrest or
1226-proceedings following arrest shall be destroyed immediately.
1227-SECTION 15. IC 35-47-2.5-1, AS AMENDED BY P.L.152-2014,
1228-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1229-JULY 1, 2022]: Sec. 1. (a) Sections 2 through 5 of this chapter do not
1230-apply to the following:
1231-(1) Transactions between persons who are licensed as firearms
1232-importers or collectors or firearms manufacturers or dealers under
1233-18 U.S.C. 923.
1234-(2) Purchases by or sales to a law enforcement officer or agent of
1235-the United States, the state, or a county or local government.
1236-(3) Indiana residents licensed to carry handguns under
1237-IC 35-47-2-3. in possession of a license described in
1238-IC 35-47-2-3.
1239-(b) Notwithstanding any other provision of this chapter, the state
1240-HEA 1296 — CC 1 30
1241-shall participate in the NICS if federal funds are available to assist the
1242-state in participating in the NICS. If:
1243-(1) the state participates in the NICS; and
1244-(2) there is a conflict between:
1245-(A) a provision of this chapter; and
1246-(B) a procedure required under the NICS;
1247-the procedure required under the NICS prevails over the conflicting
1248-provision of this chapter.
1249-SECTION 16. IC 35-47-11.1-4, AS AMENDED BY P.L.147-2014,
1250-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1251-JULY 1, 2022]: Sec. 4. This chapter may not be construed to prevent
1252-any of the following:
1253-(1) A law enforcement agency of a political subdivision from
1254-enacting and enforcing regulations pertaining to firearms,
1255-ammunition, or firearm accessories issued to or used by law
1256-enforcement officers in the course of their official duties.
1257-(2) Subject to IC 34-28-7-2, an employer from regulating or
1258-prohibiting the employees of the employer from carrying firearms
1259-and ammunition in the course of the employee's official duties.
1260-(3) A court or administrative law judge from hearing and
1261-resolving any case or controversy or issuing any opinion or order
1262-on a matter within the jurisdiction of the court or judge.
1263-(4) The enactment or enforcement of generally applicable zoning
1264-or business ordinances that apply to firearms businesses to the
1265-same degree as other similar businesses. However, a provision of
1266-an ordinance that is designed or enforced to effectively restrict or
1267-prohibit the sale, purchase, transfer, manufacture, or display of
1268-firearms, ammunition, or firearm accessories that is otherwise
1269-lawful under the laws of this state is void. A unit (as defined in
1270-IC 36-1-2-23) may not use the unit's planning and zoning powers
1271-under IC 36-7-4 to prohibit the sale of firearms within a
1272-prescribed distance of any other type of commercial property or
1273-of school property or other educational property.
1274-(5) Subject to IC 35-47-16-1, the enactment or enforcement of a
1275-provision prohibiting or restricting the possession of a firearm in
1276-any building that contains the courtroom of a circuit, superior,
1277-city, town, or small claims court. However, if a portion of the
1278-building is occupied by a residential tenant or private business,
1279-any provision restricting or prohibiting the possession of a firearm
1280-does not apply to the portion of the building that is occupied by
1281-the residential tenant or private business, or to common areas of
1282-the building used by a residential tenant or private business.
1283-HEA 1296 — CC 1 31
1284-(6) The enactment or enforcement of a provision prohibiting or
1285-restricting the intentional display of a firearm at a public meeting.
1286-(7) The enactment or enforcement of a provision prohibiting or
1287-restricting the possession of a firearm in a public hospital
1288-corporation that contains a secure correctional health unit that is
1289-staffed by a law enforcement officer twenty-four (24) hours a day.
1290-(8) The imposition of any restriction or condition placed on a
1291-person participating in:
1292-(A) a community corrections program (IC 11-12-1);
1293-(B) a forensic diversion program (IC 11-12-3.7); or
1294-(C) a pretrial diversion program (IC 33-39-1).
1295-(9) The enforcement or prosecution of the offense of criminal
1296-recklessness (IC 35-42-2-2) involving the use of a firearm.
1297-(10) For an event occurring on property leased from a political
1298-subdivision or municipal corporation by the promoter or organizer
1299-of the event:
1300-(A) the establishment, by the promoter or organizer, at the
1301-promoter's or organizer's own discretion, of rules of conduct or
1302-admission upon which attendance at or participation in the
1303-event is conditioned; or
1304-(B) the implementation or enforcement of the rules of conduct
1305-or admission described in clause (A) by a political subdivision
1306-or municipal corporation in connection with the event.
1307-(11) The enactment or enforcement of a provision prohibiting or
1308-restricting the possession of a firearm in a hospital established
1309-and operated under IC 16-22-2 or IC 16-23.
1310-(12) A unit from using the unit's planning and zoning powers
1311-under IC 36-7-4 to prohibit the sale of firearms within two
1312-hundred (200) feet of a school by a person having a business that
1313-did not sell firearms within two hundred (200) feet of a school
1314-before April 1, 1994.
1315-(13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
1316-from enacting or enforcing a provision prohibiting or restricting
1317-the possession of a firearm in a building owned or administered
1318-by the unit if:
1319-(A) metal detection devices are located at each public entrance
1320-to the building;
1321-(B) each public entrance to the building is staffed by at least
1322-one (1) law enforcement officer:
1323-(i) who has been adequately trained to conduct inspections
1324-of persons entering the building by use of metal detection
1325-devices and proper physical pat down searches; and
1326-HEA 1296 — CC 1 32
1327-(ii) when the building is open to the public; and
1328-(C) each:
1329-(i) individual who enters the building through the public
1330-entrance when the building is open to the public; and
1331-(ii) bag, package, and other container carried by the
1332-individual;
1333-is inspected by a law enforcement officer described in clause
1334-(B).
1335-However, except as provided in subdivision (5) concerning a
1336-building that contains a courtroom, a unit may not prohibit or
1337-restrict the possession of a handgun under this subdivision in a
1338-building owned or administered by the unit if the person who
1339-possesses the handgun has been issued a valid license to carry the
1340-handgun under IC 35-47-2. is not otherwise prohibited from
1341-carrying or possessing a handgun.
1342-SECTION 17. IC 35-50-2-13, AS AMENDED BY P.L.84-2015,
1343-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1344-JULY 1, 2022]: Sec. 13. (a) The state may seek, on a page separate
1345-from the rest of a charging instrument, to have a person who allegedly
1346-committed an offense of dealing in a controlled substance under
1347-IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed
1348-term of imprisonment if the state can show beyond a reasonable doubt
1349-that the person knowingly or intentionally:
1350-(1) used a firearm; or
1351-(2) possessed a:
1352-(A) handgun in violation of IC 35-47-2-1; IC 35-47-2-1.5;
1353-(B) sawed-off shotgun in violation of federal law; or
1354-(C) machine gun in violation of IC 35-47-5-8;
1355-while committing the offense.
1356-(b) If the person was convicted of the offense in a jury trial, the jury
1357-shall reconvene to hear evidence in the enhancement hearing. If the
1358-trial was to the court, or the judgment was entered on a guilty plea, the
1359-court alone shall hear evidence in the enhancement hearing.
1360-(c) If the jury (if the hearing is by jury) or the court (if the hearing
1361-is to the court alone) finds that the state has proved beyond a
1362-reasonable doubt that the person knowingly or intentionally committed
1363-an offense as described in subsection (a), the court may sentence the
1364-person to an additional fixed term of imprisonment of not more than
1365-five (5) years, except as follows:
1366-(1) If the firearm is a sawed-off shotgun, the court may sentence
1367-the person to an additional fixed term of imprisonment of not
1368-more than ten (10) years.
1369-HEA 1296 — CC 1 33
1370-(2) If the firearm is a machine gun or is equipped with a firearm
1371-silencer or firearm muffler, the court may sentence the person to
1372-an additional fixed term of imprisonment of not more than twenty
1373-(20) years. The additional sentence under this subdivision is in
1374-addition to any additional sentence imposed under section 11 of
1375-this chapter for use of a firearm in the commission of an offense.
1376-HEA 1296 — CC 1 Speaker of the House of Representatives
1377-President of the Senate
1378-President Pro Tempore
1379-Governor of the State of Indiana
1380-Date: Time:
1381-HEA 1296 — CC 1
431+(ii) not marketed as, or held out to be, a Medicare
432+supplement policy.
433+(4) A health maintenance organization (as defined in
434+IC 27-13-1-19).
435+(5) A pharmacy benefit manager (as defined in IC 27-1-24.5-12).
436+HB 1296—LS 7013/DI 55 11
437+(6) An administrator (as defined in IC 27-1-25-1).
438+(7) A multiple employer welfare arrangement (as defined in
439+IC 27-1-34-1).
440+(7) (8) Any other person identified by the commissioner for
441+participation in the data base described in this chapter.".
442+Page 10, delete lines 8 through 30.
443+Page 10, after line 30, begin a new paragraph and insert:
444+"SECTION 6. An emergency is declared for this act.".
445+Renumber all SECTIONS consecutively.
446+and when so amended that said bill do pass.
447+(Reference is to HB 1296 as introduced.)
448+CARBAUGH
449+Committee Vote: yeas 11, nays 0.
450+HB 1296—LS 7013/DI 55