Introduced Version
HOUSE BILL No. 1341
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-26-5-11; IC 31-9-2-84.8; IC 31-19-9;
IC 31-35-3-4; IC 33-37-5; IC 35-31.5-2; IC 35-42-1-2.
Synopsis: Inducing suicide. Defines "individual with suicidal
ideation" and "undue influence". Provides that a person who, with the
intent to cause an individual to commit suicide, persuades, encourages,
or induces the individual to commit suicide, commits inducing suicide,
a Level 5 felony, if: (1) the person knows that the individual is an
individual with suicidal ideation; (2) the person has undue influence
over the individual; and (3) the individual commits or attempts to
commit suicide. Makes conforming amendments.
Effective: July 1, 2022.
Gore
January 11, 2022, read first time and referred to Committee on Courts and Criminal Code.
2022 IN 1341—LS 6858/DI 106 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1341
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 20-26-5-11, AS AMENDED BY P.L.142-2020,
2 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 11. (a) This section applies to:
4 (1) a school corporation;
5 (2) a charter school; and
6 (3) an entity:
7 (A) with which the school corporation contracts for services;
8 and
9 (B) that has employees who are likely to have direct, ongoing
10 contact with children within the scope of the employees'
11 employment.
12 (b) A school corporation, charter school, or entity may use
13 information obtained under section 10 of this chapter concerning an
14 individual's conviction for one (1) of the following offenses as grounds
15 to not employ or contract with the individual:
16 (1) Murder (IC 35-42-1-1).
17 (2) Inducing or causing suicide (IC 35-42-1-2).
2022 IN 1341—LS 6858/DI 106 2
1 (3) Assisting suicide (IC 35-42-1-2.5).
2 (4) Voluntary manslaughter (IC 35-42-1-3).
3 (5) Reckless homicide (IC 35-42-1-5).
4 (6) Battery (IC 35-42-2-1) unless ten (10) years have elapsed from
5 the date the individual was discharged from probation,
6 imprisonment, or parole, whichever is later.
7 (7) Aggravated battery (IC 35-42-2-1.5).
8 (8) Kidnapping (IC 35-42-3-2).
9 (9) Criminal confinement (IC 35-42-3-3).
10 (10) A sex offense under IC 35-42-4.
11 (11) Carjacking (IC 35-42-5-2) (repealed).
12 (12) Arson (IC 35-43-1-1), unless ten (10) years have elapsed
13 from the date the individual was discharged from probation,
14 imprisonment, or parole, whichever is later.
15 (13) Incest (IC 35-46-1-3).
16 (14) Neglect of a dependent as a Class B felony (for a crime
17 committed before July 1, 2014) or a Level 1 felony or Level 3
18 felony (for a crime committed after June 30, 2014) (IC
19 35-46-1-4(b)(2)), unless ten (10) years have elapsed from the date
20 the individual was discharged from probation, imprisonment, or
21 parole, whichever is later.
22 (15) Child selling (IC 35-46-1-4(d)).
23 (16) Contributing to the delinquency of a minor (IC 35-46-1-8),
24 unless ten (10) years have elapsed from the date the individual
25 was discharged from probation, imprisonment, or parole,
26 whichever is later.
27 (17) An offense involving a weapon under IC 35-47 or
28 IC 35-47.5, unless ten (10) years have elapsed from the date the
29 individual was discharged from probation, imprisonment, or
30 parole, whichever is later.
31 (18) An offense relating to controlled substances under
32 IC 35-48-4, unless ten (10) years have elapsed from the date the
33 individual was discharged from probation, imprisonment, or
34 parole, whichever is later.
35 (19) An offense relating to material or a performance that is
36 harmful to minors or obscene under IC 35-49-3, unless ten (10)
37 years have elapsed from the date the individual was discharged
38 from probation, imprisonment, or parole, whichever is later.
39 (20) An offense relating to operating a motor vehicle while
40 intoxicated under IC 9-30-5, unless five (5) years have elapsed
41 from the date the individual was discharged from probation,
42 imprisonment, or parole, whichever is later.
2022 IN 1341—LS 6858/DI 106 3
1 (21) Domestic battery (IC 35-42-2-1.3), unless ten (10) years have
2 elapsed from the date the individual was discharged from
3 probation, imprisonment, or parole, whichever is latest.
4 (c) An individual employed by a school corporation, charter school,
5 or entity described in subsection (a) shall notify the governing body of
6 the school corporation, if during the course of the individual's
7 employment, the individual is convicted in Indiana or another
8 jurisdiction of an offense described in subsection (b).
9 (d) A school corporation, charter school, or entity may use
10 information obtained under section 10 of this chapter concerning an
11 individual being the subject of a substantiated report of child abuse or
12 neglect as grounds to not employ or contract with the individual.
13 (e) An individual employed by a school corporation, charter school,
14 or entity described in subsection (a) shall notify the governing body of
15 the school corporation, if during the course of the individual's
16 employment, the individual is the subject of a substantiated report of
17 child abuse or neglect.
18 SECTION 2. IC 31-9-2-84.8, AS AMENDED BY P.L.142-2020,
19 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 84.8. "Nonwaivable offense", for purposes of this
21 title, means a conviction of any of the following felonies:
22 (1) Murder (IC 35-42-1-1).
23 (2) Inducing or causing suicide (IC 35-42-1-2).
24 (3) Assisting suicide (IC 35-42-1-2.5).
25 (4) Voluntary manslaughter (IC 35-42-1-3).
26 (5) Involuntary manslaughter (IC 35-42-1-4).
27 (6) Reckless homicide (IC 35-42-1-5).
28 (7) Feticide (IC 35-42-1-6).
29 (8) Battery (IC 35-42-2-1) within the past five (5) years.
30 (9) Domestic battery (IC 35-42-2-1.3).
31 (10) Aggravated battery (IC 35-42-2-1.5).
32 (11) Criminal recklessness (IC 35-42-2-2) within the past five (5)
33 years.
34 (12) Strangulation (IC 35-42-2-9).
35 (13) Kidnapping (IC 35-42-3-2).
36 (14) Criminal confinement (IC 35-42-3-3) within the past five (5)
37 years.
38 (15) Human and sexual trafficking (IC 35-42-3.5).
39 (16) A felony sex offense under IC 35-42-4.
40 (17) Arson (IC 35-43-1-1) within the past five (5) years.
41 (18) Incest (IC 35-46-1-3).
42 (19) Neglect of a dependent (IC 35-46-1-4(a) and
2022 IN 1341—LS 6858/DI 106 4
1 IC 35-46-1-4(b)).
2 (20) Child selling (IC 35-46-1-4(d)).
3 (21) Reckless supervision (IC 35-46-1-4.1).
4 (22) Nonsupport of a dependent child (IC 35-46-1-5) within the
5 past five (5) years.
6 (23) Operating a motorboat while intoxicated (IC 35-46-9-6)
7 within the past five (5) years.
8 (24) A felony involving a weapon under IC 35-47 within the past
9 five (5) years.
10 (25) A felony relating to controlled substances under IC 35-48-4
11 within the past five (5) years.
12 (26) An offense relating to material or a performance that is
13 harmful to minors or obscene under IC 35-49-3.
14 (27) A felony under IC 9-30-5 within the past five (5) years.
15 (28) A felony related to the health or safety of a child (as defined
16 in IC 31-9-2-13(h)) or an endangered adult (as defined in
17 IC 12-10-3-2).
18 SECTION 3. IC 31-19-9-9, AS AMENDED BY P.L.142-2020,
19 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 9. A court shall determine that consent to adoption
21 is not required from a parent if the:
22 (1) parent is convicted of and incarcerated at the time of the filing
23 of a petition for adoption for:
24 (A) murder (IC 35-42-1-1);
25 (B) inducing or causing suicide (IC 35-42-1-2); or
26 (C) voluntary manslaughter (IC 35-42-1-3);
27 (2) victim of the crime is the child's other parent; and
28 (3) court determines, after notice to the convicted parent and a
29 hearing, that dispensing with the parent's consent to adoption is
30 in the child's best interests.
31 SECTION 4. IC 31-19-9-10, AS AMENDED BY P.L.142-2020,
32 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 10. A court shall determine that consent to
34 adoption is not required from a parent if:
35 (1) the parent is convicted of and incarcerated at the time of the
36 filing of a petition for adoption for:
37 (A) murder (IC 35-42-1-1);
38 (B) inducing or causing suicide (IC 35-42-1-2);
39 (C) voluntary manslaughter (IC 35-42-1-3);
40 (D) rape (IC 35-42-4-1);
41 (E) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
42 (F) child molesting (IC 35-42-4-3) as a:
2022 IN 1341—LS 6858/DI 106 5
1 (i) Class A or Class B felony, for a crime committed before
2 July 1, 2014; or
3 (ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime
4 committed after June 30, 2014;
5 (G) incest (IC 35-46-1-3) as a:
6 (i) Class B felony, for a crime committed before July 1,
7 2014; or
8 (ii) Level 4 felony, for a crime committed after June 30,
9 2014;
10 (H) neglect of a dependent (IC 35-46-1-4) as a:
11 (i) Class B felony, for a crime committed before July 1,
12 2014; or
13 (ii) Level 1 or Level 3 felony, for a crime committed after
14 June 30, 2014;
15 (I) battery (IC 35-42-2-1) of a child as a:
16 (i) Class C felony, for a crime committed before July 1,
17 2014; or
18 (ii) Level 5 felony, for a crime committed after June 30,
19 2014;
20 (J) battery (IC 35-42-2-1) as a:
21 (i) Class A or Class B felony, for a crime committed before
22 July 1, 2014; or
23 (ii) Level 2, Level 3, or Level 4 felony, for a crime
24 committed after June 30, 2014;
25 (K) domestic battery (IC 35-42-2-1.3) as a Level 5, Level 4,
26 Level 3, or Level 2 felony; or
27 (L) aggravated battery (IC 35-42-2-1.5) as a Level 3 or Level
28 1 felony;
29 (2) the child or the child's sibling, half-blood sibling, or
30 step-sibling of the parent's current marriage is the victim of the
31 offense; and
32 (3) after notice to the parent and a hearing, the court determines
33 that dispensing with the parent's consent to adoption is in the
34 child's best interests.
35 SECTION 5. IC 31-35-3-4, AS AMENDED BY P.L.214-2013,
36 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 4. If:
38 (1) an individual is convicted of the offense of:
39 (A) murder (IC 35-42-1-1);
40 (B) inducing or causing suicide (IC 35-42-1-2);
41 (C) voluntary manslaughter (IC 35-42-1-3);
42 (D) involuntary manslaughter (IC 35-42-1-4);
2022 IN 1341—LS 6858/DI 106 6
1 (E) rape (IC 35-42-4-1);
2 (F) criminal deviate conduct (IC 35-42-4-2) (repealed);
3 (G) child molesting (IC 35-42-4-3);
4 (H) child exploitation (IC 35-42-4-4);
5 (I) sexual misconduct with a minor (IC 35-42-4-9); or
6 (J) incest (IC 35-46-1-3); and
7 (2) the victim of the offense:
8 (A) was less than sixteen (16) years of age at the time of the
9 offense; and
10 (B) is:
11 (i) the individual's biological or adoptive child; or
12 (ii) the child of a spouse of the individual who has
13 committed the offense;
14 the attorney for the department, the child's guardian ad litem, or the
15 court appointed special advocate may file a petition with the juvenile
16 or probate court to terminate the parent-child relationship of the
17 individual who has committed the offense with the victim of the
18 offense, the victim's siblings, or any biological or adoptive child of that
19 individual.
20 SECTION 6. IC 33-37-5-12, AS AMENDED BY P.L.65-2016,
21 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2022]: Sec. 12. The court shall order a person to pay a child
23 abuse prevention fee of one hundred dollars ($100) to the clerk in each
24 criminal action in which:
25 (1) the person is found to have committed the offense of:
26 (A) murder (IC 35-42-1-1);
27 (B) inducing or causing suicide (IC 35-42-1-2);
28 (C) voluntary manslaughter (IC 35-42-1-3);
29 (D) reckless homicide (IC 35-42-1-5);
30 (E) battery (IC 35-42-2-1);
31 (F) strangulation (IC 35-42-2-9);
32 (G) domestic battery (IC 35-42-2-1.3);
33 (H) aggravated battery (IC 35-42-2-1.5);
34 (I) rape (IC 35-42-4-1);
35 (J) criminal deviate conduct (IC 35-42-4-2) (repealed);
36 (K) child molesting (IC 35-42-4-3);
37 (L) child exploitation (IC 35-42-4-4);
38 (M) vicarious sexual gratification (IC 35-42-4-5);
39 (N) child solicitation (IC 35-42-4-6);
40 (O) incest (IC 35-46-1-3);
41 (P) neglect of a dependent (IC 35-46-1-4);
42 (Q) child selling (IC 35-46-1-4); or
2022 IN 1341—LS 6858/DI 106 7
1 (R) child seduction (IC 35-42-4-7); and
2 (2) the victim of the offense is less than eighteen (18) years of
3 age.
4 SECTION 7. IC 33-37-5-13, AS AMENDED BY P.L.15-2016,
5 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2022]: Sec. 13. The court shall order a person to pay a
7 domestic violence prevention and treatment fee of fifty dollars ($50) to
8 the clerk in each criminal action in which:
9 (1) the person is found to have committed the offense of:
10 (A) murder (IC 35-42-1-1);
11 (B) inducing or causing suicide (IC 35-42-1-2);
12 (C) voluntary manslaughter (IC 35-42-1-3);
13 (D) reckless homicide (IC 35-42-1-5);
14 (E) battery (IC 35-42-2-1);
15 (F) domestic battery (IC 35-42-2-1.3);
16 (G) strangulation (IC 35-42-2-9); or
17 (H) rape (IC 35-42-4-1); and
18 (2) the victim:
19 (A) is a spouse or former spouse of the person who committed
20 an offense under subdivision (1);
21 (B) is or was living as if a spouse of the person who committed
22 the offense of domestic battery under subdivision (1)(F); or
23 (C) has a child in common with the person who committed the
24 offense of domestic battery under subdivision (1)(F).
25 SECTION 8. IC 35-31.5-2-169.3 IS ADDED TO THE INDIANA
26 CODE AS A NEW SECTION TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2022]: Sec. 169.3. "Individual with suicidal
28 ideation", for purposes of IC 35-42-1-2, has the meaning set forth
29 in IC 35-42-1-2.
30 SECTION 9. IC 35-31.5-2-339.6 IS ADDED TO THE INDIANA
31 CODE AS A NEW SECTION TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2022]: Sec. 339.6. "Undue influence", for
33 purposes of IC 35-42-1-2, has the meaning set forth in
34 IC 35-42-1-2.
35 SECTION 10. IC 35-42-1-2, AS AMENDED BY P.L.158-2013,
36 SECTION 411, IS AMENDED TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) As used in this section,
38 "individual with suicidal ideation" means an individual who is
39 considering or planning to commit suicide.
40 (b) For purposes of this section, a person exercises "undue
41 influence" over an individual if the person:
42 (1) has a personal, professional, or familial relationship with
2022 IN 1341—LS 6858/DI 106 8
1 the individual; and
2 (2) exercises substantial control over the individual by:
3 (A) controlling where the individual lives or material
4 circumstances of the individual's life; or
5 (B) deceptively or fraudulently manipulating the
6 individual's fears, affections, or sympathies.
7 (c) A person who, with the intent to cause an individual to
8 commit suicide, persuades, encourages, or induces the individual
9 to commit suicide commits inducing suicide, a Level 5 felony, if:
10 (1) the person knows that the individual is an individual with
11 suicidal ideation;
12 (2) the person exercises undue influence over the individual;
13 and
14 (3) the individual commits or attempts to commit suicide.
15 (d) A person who intentionally causes another human being, by
16 force, duress, or deception, to commit suicide commits causing suicide,
17 a Level 3 felony.
2022 IN 1341—LS 6858/DI 106