IN
Indiana House Bill HB1021

Indiana 2023 Regular Session

Indiana House Bill HB1021 Compare Versions

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1+*EH1021.1*
2+April 7, 2023
3+ENGROSSED
4+HOUSE BILL No. 1021
5+_____
6+DIGEST OF HB 1021 (Updated April 5, 2023 3:13 pm - DI 149)
7+Citations Affected: IC 27-7.
8+Synopsis: Escrow transactions. Amends the definition of "good funds"
9+for the purposes of an escrow transaction.
10+Effective: July 1, 2023.
11+Torr
12+(SENATE SPONSORS — HOLDMAN, BALDWIN, RANDOLPH LONNIE M,
13+KOCH)
14+January 9, 2023, read first time and referred to Committee on Insurance.
15+February 9, 2023, amended, reported — Do Pass.
16+February 13, 2023, read second time, ordered engrossed.
17+February 14, 2023, engrossed. Read third time, passed. Yeas 95, nays 0.
18+SENATE ACTION
19+February 27, 2023, read first time and referred to Committee on Judiciary.
20+April 6, 2023, amended, reported favorably — Do Pass.
21+EH 1021—LS 6213/DI 141 April 7, 2023
122 First Regular Session of the 123rd General Assembly (2023)
223 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
324 Constitution) is being amended, the text of the existing provision will appear in this style type,
425 additions will appear in this style type, and deletions will appear in this style type.
526 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
627 provision adopted), the text of the new provision will appear in this style type. Also, the
728 word NEW will appear in that style type in the introductory clause of each SECTION that adds
829 a new provision to the Indiana Code or the Indiana Constitution.
930 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1031 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1021
12-AN ACT to amend the Indiana Code concerning criminal law and
13-procedure.
32+ENGROSSED
33+HOUSE BILL No. 1021
34+A BILL FOR AN ACT to amend the Indiana Code concerning
35+insurance.
1436 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 35-31.5-2-115.5, AS ADDED BY P.L.238-2015,
16-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2023]: Sec. 115.5. (a) "Emergency medical services provider",
18-for purposes of IC 35-42-2-1, has the meaning set forth in
19-IC 16-41-10-1. This term includes a staff member in the emergency
20-department of a hospital.
21-(b) "Emergency medical services provider", for purposes of
22-IC 35-44.1-3-1 and IC 35-46-1-4, has the meaning set forth in
23-IC 16-41-10-1.
24-SECTION 2. IC 35-42-2-1, AS AMENDED BY P.L.142-2020,
25-SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26-JULY 1, 2023]: Sec. 1. (a) As used in this section, "public safety
27-official" means:
28-(1) a law enforcement officer, including an alcoholic beverage
29-enforcement officer;
30-(2) an employee of a penal facility or a juvenile detention facility
31-(as defined in IC 31-9-2-71);
32-(3) an employee of the department of correction;
33-(4) a probation officer;
34-(5) a parole officer;
35-(6) a community corrections worker;
36-HEA 1021 — CC 1 2
37-(7) a home detention officer;
38-(8) a department of child services employee;
39-(9) a firefighter;
40-(10) an emergency medical services provider;
41-(11) a judicial officer;
42-(12) a bailiff of any court; or
43-(13) a special deputy (as described in IC 36-8-10-10.6).
44-(b) As used in this section, "relative" means an individual related by
45-blood, half-blood, adoption, marriage, or remarriage, including:
46-(1) a spouse;
47-(2) a parent or stepparent;
48-(3) a child or stepchild;
49-(4) a grandchild or stepgrandchild;
50-(5) a grandparent or stepgrandparent;
51-(6) a brother, sister, stepbrother, or stepsister;
52-(7) a niece or nephew;
53-(8) an aunt or uncle;
54-(9) a daughter-in-law or son-in-law;
55-(10) a mother-in-law or father-in-law; or
56-(11) a first cousin.
57-(c) Except as provided in subsections (d) through (k), a person who
58-knowingly or intentionally:
59-(1) touches another person in a rude, insolent, or angry manner;
60-or
61-(2) in a rude, insolent, or angry manner places any bodily fluid or
62-waste on another person;
63-commits battery, a Class B misdemeanor.
64-(d) The offense described in subsection (c)(1) or (c)(2) is a Class A
65-misdemeanor if it:
66-(1) results in bodily injury to any other person; or
67-(2) is committed against a member of a foster family home (as
68-defined in IC 35-31.5-2-139.3) by a person who is not a resident
69-of the foster family home if the person who committed the offense
70-is a relative of a person who lived in the foster family home at the
71-time of the offense.
72-(e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
73-felony if one (1) or more of the following apply:
74-(1) The offense results in moderate bodily injury to any other
75-person.
76-(2) The offense is committed against a public safety official while
77-the official is engaged in the official's official duty, unless the
78-offense is committed by a person detained or committed
79-HEA 1021 — CC 1 3
80-under IC 12-26.
81-(3) The offense is committed against a person less than fourteen
82-(14) years of age and is committed by a person at least eighteen
83-(18) years of age.
84-(4) The offense is committed against a person of any age who has
85-a mental or physical disability and is committed by a person
86-having the care of the person with the mental or physical
87-disability, whether the care is assumed voluntarily or because of
88-a legal obligation.
89-(5) The offense is committed against an endangered adult (as
90-defined in IC 12-10-3-2).
91-(6) The offense:
92-(A) is committed against a member of a foster family home (as
93-defined in IC 35-31.5-2-139.3) by a person who is not a
94-resident of the foster family home if the person who committed
95-the offense is a relative of a person who lived in the foster
96-family home at the time of the offense; and
97-(B) results in bodily injury to the member of the foster family.
98-(f) The offense described in subsection (c)(2) is a Level 6 felony if
99-the person knew or recklessly failed to know that the bodily fluid or
100-waste placed on another person was infected with hepatitis,
101-tuberculosis, or human immunodeficiency virus.
102-(g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
103-felony if one (1) or more of the following apply:
104-(1) The offense results in serious bodily injury to another person.
105-(2) The offense is committed with a deadly weapon.
106-(3) The offense results in bodily injury to a pregnant woman if the
107-person knew of the pregnancy.
108-(4) The person has a previous conviction for a battery offense
109-included in this chapter against the same victim.
110-(5) The offense results in bodily injury to one (1) or more of the
111-following:
112-(A) A public safety official while the official is engaged in the
113-official's official duties, unless the offense is committed by
114-a person detained or committed under IC 12-26.
115-(B) A person less than fourteen (14) years of age if the offense
116-is committed by a person at least eighteen (18) years of age.
117-(C) A person who has a mental or physical disability if the
118-offense is committed by an individual having care of the
119-person with the disability, regardless of whether the care is
120-assumed voluntarily or because of a legal obligation.
121-(D) An endangered adult (as defined in IC 12-10-3-2).
122-HEA 1021 — CC 1 4
123-(h) The offense described in subsection (c)(2) is a Level 5 felony if:
124-(1) the person knew or recklessly failed to know that the bodily
125-fluid or waste placed on another person was infected with
126-hepatitis, tuberculosis, or human immunodeficiency virus; and
127-(2) the person placed the bodily fluid or waste on a public safety
128-official, unless the offense is committed by a person detained
129-or committed under IC 12-26.
130-(i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
131-felony if it results in serious bodily injury to an endangered adult (as
132-defined in IC 12-10-3-2).
133-(j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
134-felony if it results in serious bodily injury to a person less than fourteen
135-(14) years of age if the offense is committed by a person at least
136-eighteen (18) years of age.
137-(k) The offense described in subsection (c)(1) or (c)(2) is a Level 2
138-felony if it results in the death of one (1) or more of the following:
139-(1) A person less than fourteen (14) years of age if the offense is
140-committed by a person at least eighteen (18) years of age.
141-(2) An endangered adult (as defined in IC 12-10-3-2).
142-SECTION 3. IC 35-44.1-2-2, AS AMENDED BY P.L.5-2022,
143-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
144-JULY 1, 2023]: Sec. 2. (a) A person who:
145-(1) knowingly or intentionally induces, by threat, coercion, false
146-statement, or offer of goods, services, or anything of value, a
147-witness or informant in a legal proceeding or an administrative or
148-criminal investigation to:
149-(A) withhold or unreasonably delay in producing any
150-testimony, information, document, or thing that the witness or
151-informant is legally required to produce;
152-(B) avoid legal process summoning the person to testify or
153-supply evidence;
154-(C) absent the person from a proceeding or investigation to
155-which the person has been legally summoned; or
156-(D) give a false or materially misleading statement;
157-(2) knowingly or intentionally in a legal proceeding or an
158-administrative or criminal investigation:
159-(A) withholds or unreasonably delays in producing any
160-testimony, information, document, or thing after a court orders
161-the person to produce the testimony, information, document,
162-or thing;
163-(B) avoids legal process summoning the person to testify or
164-supply evidence; or
165-HEA 1021 — CC 1 5
166-(C) absents the person from a proceeding or investigation to
167-which the person has been legally summoned;
168-(3) alters, damages, or removes any record, document, or thing,
169-with intent to prevent it from being produced or used as evidence
170-in any legal proceeding or administrative or criminal
171-investigation;
172-(4) makes, presents, or uses a false record, document, or thing
173-with intent that the record, document, or thing, material to the
174-point in question, appear in evidence in a legal proceeding or an
175-administrative or criminal investigation to mislead a public
176-servant; or
177-(5) communicates with a juror otherwise than as authorized by
178-law, with intent to influence the juror regarding any matter that is
179-or may be brought before the juror; or
180-(6) being employed by a court or law enforcement agency,
181-notifies the subject of a warrant of the warrant, with the
182-intent to interfere with the execution of the warrant;
183-commits obstruction of justice, a Level 6 felony, except as provided in
184-subsection (b).
185-(b) Except as provided in subsection (e), the offense is a Level 5
186-felony if, during the investigation or pendency of a domestic violence
187-or child abuse case under subsection (c), a person knowingly or
188-intentionally:
189-(1) offers, gives, or promises any benefit to;
190-(2) communicates a threat as defined by IC 35-45-2-1(c) to; or
191-(3) intimidates, unlawfully influences, or unlawfully persuades;
192-any witness to abstain from attending or giving testimony, or to give a
193-false or materially misleading statement, at any hearing, trial,
194-deposition, probation, or other criminal proceeding or from giving
195-testimony or other statements, including giving a false or materially
196-misleading statement, to a court or law enforcement officer under
197-IC 35-31.5-2-185.
198-(c) As used in this section, "domestic violence or child abuse case"
199-means any case involving an allegation of:
200-(1) the commission of a crime involving domestic or family
201-violence under IC 35-31.5-2-76 involving a family or household
202-member under IC 35-31.5-2-128;
203-(2) the commission of a crime of domestic violence under
204-IC 35-31.5-2-78 involving a family or household member under
205-IC 35-31.5-2-128; or
206-(3) physical abuse, sexual abuse, or child neglect, including
207-crimes listed under IC 35-31.5-2-76 involving a victim who was
208-HEA 1021 — CC 1 6
209-less than eighteen (18) years of age at the time of the offense,
210-whether or not the person is a family or household member under
211-IC 35-31.5-2-128.
212-(d) Subsection (a)(2)(A) does not apply to:
213-(1) a person who qualifies for a special privilege under IC 34-46-4
214-with respect to the testimony, information, document, or thing; or
215-(2) a person who, as:
216-(A) an attorney;
217-(B) a physician;
218-(C) a member of the clergy; or
219-(D) a husband or wife;
220-is not required to testify under IC 34-46-3-1.
221-(e) Subsections (a) and (b) do not apply to:
222-(1) an attorney;
223-(2) an investigator;
224-(3) a law enforcement officer; or
225-(4) a judge;
226-engaged in that person's professional or official duties.
227-SECTION 4. IC 35-44.1-3-10, AS AMENDED BY THE
228-TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
229-ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
230-JULY 1, 2023]: Sec. 10. (a) The following definitions apply throughout
231-this section:
232-(1) "Lawful supervision" means supervision by:
233-(A) the department of correction;
234-(B) a court;
235-(C) a probation department;
236-(D) a community corrections program, a community transition
237-program, or another similar program; or
238-(E) parole.
239-(2) "Service provider" means:
240-(A) with respect to a person subject to lawful detention:
241-(i) a public servant;
242-(ii) a person employed by a governmental entity; or
243-(iii) a person who provides goods or services to a person
244-who is subject to lawful detention; and
245-(B) with respect to a person subject to lawful supervision:
246-(i) a public servant whose official duties include the
247-supervision of the person subject to lawful supervision;
248-(ii) a person employed by a governmental entity to provide
249-supervision for the person subject to lawful supervision; or
250-(iii) a person who is employed by or contracts with a
251-HEA 1021 — CC 1 7
252-governmental entity to provide treatment or other services to
253-the person subject to lawful supervision as a condition of the
254-person's lawful supervision.
255-(b) A service provider who knowingly or intentionally engages in
256-any fondling or touching with a person who is subject to lawful
257-detention or lawful supervision with the intent to arouse or satisfy
258-the sexual desires of the service provider or the person commits
259-sexual misconduct, a Level 6 felony. However, the offense is a Level
260-5 felony if the service provider engages in sexual intercourse or other
261-sexual conduct (as defined in IC 35-31.5-2-221.5) with a the person
262-who is subject to lawful detention or lawful supervision. commits
263-sexual misconduct, a Level 5 felony.
264-(c) A service provider at least eighteen (18) years of age who
265-knowingly or intentionally engages in sexual intercourse or other
266-sexual conduct (as defined in IC 35-31.5-2-221.5) any fondling or
267-touching with the intent to arouse or satisfy the sexual desires of
268-the service provider or the other person, with a person who is:
269-(1) less than eighteen (18) years of age; and
270-(2) subject to lawful detention or lawful supervision;
271-commits sexual misconduct, a Level 4 felony. Level 5 felony.
272-However, the offense is a Level 4 felony if the service provider
273-engages in sexual intercourse or other sexual conduct (as defined
274-in IC 35-31.5-2-221.5) with the person.
275-(d) In addition to any other penalty imposed for a violation of this
276-section, the court shall order the person to pay restitution under
277-IC 35-50-5-3 for expenses related to pregnancy and childbirth if the
278-pregnancy is a result of the offense.
279-(e) It is not a defense that an act described in subsection (b) or (c)
280-was consensual.
281- (f) This section does not apply to fondling, touching, sexual
282-intercourse, or other sexual conduct (as defined in IC 35-31.5-2-221.5)
283-between spouses.
284-HEA 1021 — CC 1 Speaker of the House of Representatives
285-President of the Senate
286-President Pro Tempore
287-Governor of the State of Indiana
288-Date: Time:
289-HEA 1021 — CC 1
37+1 SECTION 1. IC 27-7-3.7-4, AS AMENDED BY P.L.72-2016,
38+2 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39+3 JULY 1, 2023]: Sec. 4. As used in this chapter, "good funds" means
40+4 funds in any of the following forms:
41+5 (1) United States currency.
42+6 (2) Wired funds unconditionally held by and irrevocably credited
43+7 to the escrow account of the closing agent.
44+8 (3) Certified or cashier's checks that are drawn on an existing
45+9 account at a:
46+10 (A) bank;
47+11 (B) savings and loan association;
48+12 (C) credit union; or
49+13 (D) savings bank;
50+14 chartered under the laws of a state or the United States.
51+15 (4) A check drawn on the trust account of a real estate broker
52+16 licensed under IC 25-34.1, if the closing agent has reasonable and
53+17 prudent grounds to believe that sufficient funds will be available
54+EH 1021—LS 6213/DI 141 2
55+1 for withdrawal from the account on which the check is drawn at
56+2 the time of disbursement of funds from the closing agent's escrow
57+3 account.
58+4 (5) A personal check not to exceed five hundred dollars ($500)
59+5 one thousand five hundred dollars ($1,500) per closing.
60+6 (6) A check issued by the state, the United States, or a political
61+7 subdivision of the state or the United States.
62+8 (7) A check drawn on the escrow account of another closing
63+9 agent, if the closing agent in the escrow transaction has
64+10 reasonable and prudent grounds to believe that sufficient funds
65+11 will be available for withdrawal from the account upon which the
66+12 check is drawn at the time of disbursement of funds from the
67+13 escrow account of the closing agent in the escrow transaction.
68+14 (8) A check issued by a farm credit service authorized under the
69+15 Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.).
70+16 (9) A check that is deposited and held in the escrow account of
71+17 the closing agent for at least fourteen (14) days before the date of
72+18 closing.
73+EH 1021—LS 6213/DI 141 3
74+COMMITTEE REPORT
75+Mr. Speaker: Your Committee on Insurance, to which was referred
76+House Bill 1021, has had the same under consideration and begs leave
77+to report the same back to the House with the recommendation that said
78+bill be amended as follows:
79+Page 1, delete lines 8 through 10.
80+Page 1, line 11, reset in roman "(3)".
81+Page 1, line 11, delete "(4)".
82+Page 2, line 1, reset in roman "(4)".
83+Page 2, line 1, delete "(5)".
84+Page 2, line 7, reset in roman "(5)".
85+Page 2, line 7, delete "(6)".
86+Page 2, line 9, reset in roman "(6)".
87+Page 2, line 9, delete "(7)".
88+Page 2, line 11, reset in roman "(7)".
89+Page 2, line 11, delete "(8)".
90+Page 2, line 17, reset in roman "(8)".
91+Page 2, line 17, delete "(9)".
92+Page 2, line 19, reset in roman "(9)".
93+Page 2, line 19, delete "(10)".
94+Page 2, delete lines 22 through 35.
95+and when so amended that said bill do pass.
96+(Reference is to HB 1021 as introduced.)
97+CARBAUGH
98+Committee Vote: yeas 11, nays 0.
99+_____
100+COMMITTEE REPORT
101+Madam President: The Senate Committee on Judiciary, to which
102+was referred House Bill No. 1021, has had the same under
103+consideration and begs leave to report the same back to the Senate with
104+the recommendation that said bill be AMENDED as follows:
105+Page 2, line 17, reset in roman "fourteen (14)".
106+Page 2, line 17, delete "seven (7)".
107+and when so amended that said bill do pass.
108+EH 1021—LS 6213/DI 141 4
109+(Reference is to HB 1021 as printed February 9, 2023.)
110+BROWN L, Chairperson
111+Committee Vote: Yeas 11, Nays 0.
112+EH 1021—LS 6213/DI 141