Indiana 2023 Regular Session

Indiana House Bill HB1104 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1104
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-2-17; IC 10-13-5; IC 12-7-2-197.3;
7	7	IC 12-10-18; IC 12-17.2; IC 16-37-1-8; IC 20-26-13-10; IC 20-33-2-10;
8	8	IC 31-34; IC 31-36; IC 34-30-2.1; IC 35-44.1-2-3.
9	9	Synopsis: Green alert for missing at risk veterans. Defines "veteran at
10	10	risk". Creates the green alert program to provide for public notification
11	11	regarding missing veterans at risk. Changes the name of the Indiana
12	12	clearinghouse for information on missing children and missing
13	13	endangered adults to the Indiana clearinghouse for information on
14	14	missing children, missing veterans at risk, and missing endangered
15	15	adults (clearinghouse). Makes conforming changes to the duties of the
16	16	clearinghouse. Creates certain duties and reporting requirements for
17	17	law enforcement agencies concerning missing veterans at risk. Provides
18	18	immunity for a broadcaster who broadcasts, or an electronic billboard
19	19	operator who displays, a green alert notification and a person who
20	20	establishes or maintains a green alert website under an agreement with
21	21	the state police department. Makes technical corrections.
22	22	Effective: July 1, 2023.
23	23	Gore
24	24	January 10, 2023, read first time and referred to Committee on Veterans Affairs and Public
25	25	Safety.
26	26	2023 IN 1104—LS 6479/DI 119 Introduced
27	27	First Regular Session of the 123rd General Assembly (2023)
28	28	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
29	29	Constitution) is being amended, the text of the existing provision will appear in this style type,
30	30	additions will appear in this style type, and deletions will appear in this style type.
31	31	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
32	32	provision adopted), the text of the new provision will appear in this style type. Also, the
33	33	word NEW will appear in that style type in the introductory clause of each SECTION that adds
34	34	a new provision to the Indiana Code or the Indiana Constitution.
35	35	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
36	36	between statutes enacted by the 2022 Regular Session of the General Assembly.
37	37	HOUSE BILL No. 1104
38	38	A BILL FOR AN ACT to amend the Indiana Code concerning
39	39	public safety.
40	40	Be it enacted by the General Assembly of the State of Indiana:
41	41	1 SECTION 1. IC 5-2-17-1, AS ADDED BY P.L.92-2007, SECTION
42	42	2 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
43	43	3 2023]: Sec. 1. As used in this chapter, "high risk missing person"
44	44	4 means a person whose whereabouts are not known and who may be at
45	45	5 risk of injury or death. The term includes the following:
46	46	6 (1) A person who is missing as the result of abduction by a
47	47	7 stranger.
48	48	8 (2) A person whose disappearance may be the result of the
49	49	9 commission of a crime.
50	50	10 (3) A person whose disappearance occurred under circumstances
51	51	11 that are inherently dangerous.
52	52	12 (4) A person who is missing for more than thirty (30) days.
53	53	13 (5) A missing person who is in need of medical attention or
54	54	14 prescription medication.
55	55	15 (6) A missing person who may be at risk due to abduction by a
56	56	16 noncustodial parent.
57	57	17 (7) A missing person who is mentally impaired.
58	58	2023 IN 1104—LS 6479/DI 119 2
59	59	1 (8) A missing person who is less than twenty-one (21) years of
60	60	2 age.
61	61	3 (9) A missing person who has previously been the victim of a
62	62	4 threat of violence or an act of violence.
63	63	5 (10) A missing person who has been determined by a law
64	64	6 enforcement agency to be:
65	65	7 (A) at risk of injury or death; or
66	66	8 (B) a person that meets any of the descriptions in subdivisions
67	67	9 (1) through (9).
68	68	10 (11) A missing person who is an endangered adult (as defined in
69	69	11 IC 12-7-2-131.3).
70	70	12 (12) A missing person who is a veteran at risk (as defined in
71	71	13 IC 12-7-2-197.3).
72	72	14 SECTION 2. IC 5-2-17-3, AS ADDED BY P.L.92-2007, SECTION
73	73	15 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
74	74	16 2023]: Sec. 3. A law enforcement agency receiving a report of a
75	75	17 missing:
76	76	18 (1) child less than eighteen (18) years of age shall comply with
77	77	19 the requirements of IC 31-36-2; or
78	78	20 (2) endangered adult (as defined in IC 12-7-2-131.3) shall comply
79	79	21 with the requirements of IC 12-10-18; or
80	80	22 (3) veteran at risk (as defined in IC 12-7-2-197.3) shall comply
81	81	23 with the requirements of IC 12-10-18;
82	82	24 in addition to the procedures described in this chapter.
83	83	25 SECTION 3. IC 10-13-5-3, AS AMENDED BY P.L.43-2009,
84	84	26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
85	85	27 JULY 1, 2023]: Sec. 3. As used in this chapter, "clearinghouse" refers
86	86	28 to the Indiana clearinghouse for information on missing children,
87	87	29 missing veterans at risk, and missing endangered adults established
88	88	30 by section 5 of this chapter.
89	89	31 SECTION 4. IC 10-13-5-3.5 IS ADDED TO THE INDIANA CODE
90	90	32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
91	91	33 1, 2023]: Sec. 3.5. As used in this chapter, "green alert program"
92	92	34 means a program under which the clearinghouse transmits
93	93	35 information about missing veterans at risk to broadcasters who:
94	94	36 (1) have agreed to participate in the program; and
95	95	37 (2) immediately and repeatedly broadcast the information to
96	96	38 the general public.
97	97	39 SECTION 5. IC 10-13-5-4.5 IS ADDED TO THE INDIANA CODE
98	98	40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
99	99	41 1, 2023]: Sec. 4.5. As used in this chapter, "missing veteran at risk"
100	100	42 means a veteran who is a high risk missing person under
101	101	2023 IN 1104—LS 6479/DI 119 3
102	102	1 IC 5-2-17-1.
103	103	2 SECTION 6. IC 10-13-5-5, AS AMENDED BY P.L.43-2009,
104	104	3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
105	105	4 JULY 1, 2023]: Sec. 5. The Indiana clearinghouse for information on
106	106	5 missing children, missing veterans at risk, and missing endangered
107	107	6 adults is established within the department.
108	108	7 SECTION 7. IC 10-13-5-6, AS AMENDED BY P.L.43-2009,
109	109	8 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
110	110	9 JULY 1, 2023]: Sec. 6. (a) The superintendent shall designate staff
111	111	10 responsible for the operation of the clearinghouse.
112	112	11 (b) The staff's duties include the following:
113	113	12 (1) Creation and operation of an intrastate network of
114	114	13 communication designed for the speedy collection and processing
115	115	14 of information concerning missing children, missing veterans at
116	116	15 risk, and missing endangered adults.
117	117	16 (2) Creation and operation of a central data storage, retrieval, and
118	118	17 information distribution system designed for the exchange of
119	119	18 information on missing children, missing veterans at risk, and
120	120	19 missing endangered adults within and outside Indiana. The system
121	121	20 must be capable of interacting with:
122	122	21 (A) the Indiana data and communication system under
123	123	22 IC 10-13-3-35; and
124	124	23 (B) the National Crime Information Center.
125	125	24 (3) Development of appropriate forms for the reporting of missing
126	126	25 children, missing veterans at risk, and missing endangered
127	127	26 adults that may be used by law enforcement agencies and private
128	128	27 citizens to provide useful information about a missing child, a
129	129	28 missing veteran at risk, or a missing endangered adult to the
130	130	29 clearinghouse.
131	131	30 (4) Cooperation with the following agencies concerning the
132	132	31 location of missing children, missing veterans at risk, and
133	133	32 missing endangered adults:
134	134	33 (A) State and local public and private nonprofit agencies
135	135	34 involved with the location and recovery of missing persons.
136	136	35 (B) Agencies of the federal government.
137	137	36 (C) State and local law enforcement agencies within and
138	138	37 outside Indiana.
139	139	38 (5) Coordinating efforts to locate missing children, missing
140	140	39 veterans at risk, and missing endangered adults with the
141	141	40 agencies listed in subdivision (4).
142	142	41 (6) Operation of the toll free telephone line created under section
143	143	42 7(a) of this chapter.
144	144	2023 IN 1104—LS 6479/DI 119 4
145	145	1 (7) Publishing and updating, on a quarterly basis, a directory of
146	146	2 missing children, missing veterans at risk, and missing
147	147	3 endangered adults.
148	148	4 (8) Compiling statistics on missing children, missing veterans at
149	149	5 risk, and missing endangered adult cases handled by the
150	150	6 clearinghouse, including the number of cases resolved each year.
151	151	7 SECTION 8. IC 10-13-5-7, AS AMENDED BY P.L.43-2009,
152	152	8 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
153	153	9 JULY 1, 2023]: Sec. 7. (a) The clearinghouse shall do the following:
154	154	10 (1) Collect, process, and maintain identification and investigative
155	155	11 information to aid in finding missing children, missing veterans
156	156	12 at risk, and missing endangered adults.
157	157	13 (2) Establish a statewide, toll free telephone line for the reporting:
158	158	14 (A) of missing children, missing veterans at risk, and missing
159	159	15 endangered adults; and
160	160	16 (B) of sightings of missing children, missing veterans at risk,
161	161	17 and missing endangered adults.
162	162	18 (3) Prescribe a uniform reporting form concerning missing
163	163	19 children, missing veterans at risk, and missing endangered
164	164	20 adults for use by law enforcement agencies within Indiana.
165	165	21 (4) Assist in training law enforcement and other professionals on
166	166	22 issues relating to missing children, missing veterans at risk, and
167	167	23 missing endangered adults.
168	168	24 (5) Operate a resource center of information regarding the
169	169	25 prevention of:
170	170	26 (A) the abduction of children; and
171	171	27 (B) the sexual exploitation of children.
172	172	28 (6) Distribute the quarterly directory prepared under section
173	173	29 6(b)(7) of this chapter to schools and hospitals.
174	174	30 (7) Distribute the quarterly directory described in subdivision (6)
175	175	31 to child care centers and child care homes that make an annual
176	176	32 contribution of four dollars ($4) to the clearinghouse. The
177	177	33 contributions must be used to help defray the cost of publishing
178	178	34 the quarterly directory.
179	179	35 (b) For a missing child who was born in Indiana, the clearinghouse
180	180	36 shall notify the vital statistics division of the state Indiana department
181	181	37 of health:
182	182	38 (1) within fifteen (15) days after receiving a report under
183	183	39 IC 31-36-1-3 (or IC 31-6-13-4 before its repeal) of a missing child
184	184	40 less than thirteen (13) years of age; and
185	185	41 (2) promptly after the clearinghouse is notified that a missing
186	186	42 child has been found.
187	187	2023 IN 1104—LS 6479/DI 119 5
188	188	1 (c) Upon receiving notification under subsection (b) that a child is
189	189	2 missing or has been found, the vital statistics division of the state
190	190	3 Indiana department of health shall notify the local health department
191	191	4 or the health and hospital corporation that has jurisdiction over the area
192	192	5 where the child was born.
193	193	6 (d) Information collected, processed, or maintained by the
194	194	7 clearinghouse under subsection (a) is confidential and is not subject to
195	195	8 IC 5-14-3, but may be disclosed by the clearinghouse for purposes of
196	196	9 locating missing children, missing veterans at risk, and missing
197	197	10 endangered adults.
198	198	11 SECTION 9. IC 10-13-5-8, AS AMENDED BY P.L.115-2018,
199	199	12 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
200	200	13 JULY 1, 2023]: Sec. 8. (a) The clearinghouse shall operate an Amber
201	201	14 alert program, the green alert program, and the silver alert program.
202	202	15 (b) Upon the establishment of an Amber alert program, the green
203	203	16 alert program, and the silver alert program, the clearinghouse may
204	204	17 enter into an agreement with one (1) or more broadcasters to operate
205	205	18 the Amber alert program, the green alert program, and the silver alert
206	206	19 program under this chapter.
207	207	20 (c) The superintendent shall designate staff responsible for the
208	208	21 operation of the Amber alert program, the green alert program, and
209	209	22 the silver alert program.
210	210	23 (d) The department shall adopt guidelines governing the
211	211	24 clearinghouse's operation of the Amber alert program, the green alert
212	212	25 program, and the silver alert program. The department's guidelines
213	213	26 may require that staff, upon receiving a report that a child has been
214	214	27 abducted or an endangered child, veteran at risk, or endangered adult
215	215	28 is missing, immediately send electronically or by other means of
216	216	29 communication a description of the abducted child or missing
217	217	30 endangered child, missing veteran at risk, or missing endangered
218	218	31 adult to one (1) or more broadcasters participating in the Amber alert
219	219	32 program, the green alert program, or the silver alert program. The
220	220	33 guidelines must include criteria that the clearinghouse shall use in
221	221	34 determining whether to issue a silver alert or green alert and the
222	222	35 geographic area or region in which to issue the silver alert or green
223	223	36 alert.
224	224	37 (e) A broadcaster participating in the Amber alert program, the
225	225	38 green alert program, or the silver alert program shall immediately
226	226	39 broadcast:
227	227	40 (1) a description of the abducted child, missing endangered child,
228	228	41 missing veteran at risk, or missing endangered adult; and
229	229	42 (2) other information that will assist in locating the abducted
230	230	2023 IN 1104—LS 6479/DI 119 6
231	231	1 child, missing endangered child, missing veteran at risk, or
232	232	2 missing endangered adult;
233	233	3 to the general public in accordance with the Amber alert plan
234	234	4 agreement, the green alert plan agreement, or the silver alert plan
235	235	5 agreement between the clearinghouse and the broadcaster.
236	236	6 (f) The department shall adopt guidelines governing the voluntary
237	237	7 Amber alert program agreement, and the voluntary green alert
238	238	8 program agreement, or the voluntary silver alert program agreement
239	239	9 between the clearinghouse and a broadcaster. The voluntary
240	240	10 agreements between the clearinghouse and the broadcaster may include
241	241	11 the following provisions:
242	242	12 (1) Upon receiving a notification as part of the Amber alert
243	243	13 program, the green alert program, or the silver alert program,
244	244	14 the broadcaster shall broadcast the information contained on the
245	245	15 notice on an intermittent basis for a period of time as provided in
246	246	16 the agreements between the clearinghouse and the broadcaster.
247	247	17 (2) The broadcaster shall treat the Amber alert notification, the
248	248	18 green alert notification, or the silver alert notification as an
249	249	19 emergency.
250	250	20 (3) The broadcaster shall ensure that the form of communication
251	251	21 used to receive an Amber alert notification, a green alert
252	252	22 notification, or a silver alert notification is:
253	253	23 (A) generally available to receive an Amber alert notification,
254	254	24 a green alert notification, or a silver alert notification; and
255	255	25 (B) located such that the broadcaster will immediately become
256	256	26 aware of an incoming Amber alert notification, green alert
257	257	27 notification, or silver alert notification.
258	258	28 SECTION 10. IC 10-13-5-8.1, AS AMENDED BY P.L.115-2018,
259	259	29 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
260	260	30 JULY 1, 2023]: Sec. 8.1. (a) In addition to an agreement with a
261	261	31 broadcaster under section 8 of this chapter, the clearinghouse may enter
262	262	32 into an agreement with one (1) or more electronic billboard operators
263	263	33 to display Amber alerts, green alerts, or silver alerts under this section.
264	264	34 An agreement under this section may include a limitation on the days
265	265	35 and times that the electronic billboard operator is required to have staff
266	266	36 present to receive an Amber alert, a green alert, or a silver alert
267	267	37 notification.
268	268	38 (b) The department's guidelines adopted under section 8 of this
269	269	39 chapter may require staff, upon receiving a report that a child has been
270	270	40 abducted, an endangered child is missing, a veteran at risk is missing,
271	271	41 or an endangered adult is missing, to immediately send electronically
272	272	42 or by other means of communication a description of the abducted
273	273	2023 IN 1104—LS 6479/DI 119 7
274	274	1 child, missing endangered child, missing veteran at risk, or missing
275	275	2 endangered adult to one (1) or more electronic billboard operators
276	276	3 participating in the Amber alert program, green alert program, or
277	277	4 silver alert program if the Amber alert, green alert, or silver alert
278	278	5 occurs during a period when the electronic billboard operator has
279	279	6 agreed to have staff present to receive an Amber alert notification, a
280	280	7 green alert notification, or a silver alert notification.
281	281	8 (c) An electronic billboard operator participating in the Amber alert
282	282	9 program, green alert program, or silver alert program shall
283	283	10 immediately display:
284	284	11 (1) a description of the abducted child, missing endangered child,
285	285	12 missing veteran at risk, or missing endangered adult; and
286	286	13 (2) other information that will assist in locating the abducted
287	287	14 child, missing endangered child, missing veteran at risk, or
288	288	15 missing endangered adult;
289	289	16 to the general public in accordance with the Amber alert plan
290	290	17 agreement, green alert plan agreement, or silver alert plan agreement
291	291	18 between the clearinghouse and the electronic billboard operator.
292	292	19 (d) The department shall adopt guidelines governing the voluntary
293	293	20 Amber alert program and the agreement, voluntary green alert
294	294	21 program agreement, or voluntary silver alert program agreements
295	295	22 agreement between the clearinghouse and an electronic billboard
296	296	23 operator. The voluntary agreements between the clearinghouse and the
297	297	24 electronic billboard operator may include the following provisions:
298	298	25 (1) Upon receiving a notification as part of the Amber alert
299	299	26 program, the green alert program, or the silver alert program,
300	300	27 the electronic billboard operator shall display the information
301	301	28 contained in the notice on an intermittent basis for a period of
302	302	29 time as provided in the agreements between the clearinghouse and
303	303	30 the electronic billboard operator.
304	304	31 (2) The electronic billboard operator shall treat the Amber alert
305	305	32 notification, the green alert notification, or the silver alert
306	306	33 notification as an emergency.
307	307	34 (3) The electronic billboard operator shall ensure that the form of
308	308	35 communication used to receive an Amber alert notification, a
309	309	36 green alert notification, or a silver alert notification is:
310	310	37 (A) generally available to receive an Amber alert notification,
311	311	38 a green alert notification, or a silver alert notification; and
312	312	39 (B) located such that the electronic billboard operator will
313	313	40 immediately become aware of an incoming Amber alert
314	314	41 notification, a green alert notification, or a silver alert
315	315	42 notification received during days and times when staff is
316	316	2023 IN 1104—LS 6479/DI 119 8
317	317	1 present to receive an Amber alert notification, a green alert
318	318	2 notification, or a silver alert notification.
319	319	3 SECTION 11. IC 10-13-5-8.5, AS AMENDED BY P.L.115-2018,
320	320	4 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
321	321	5 JULY 1, 2023]: Sec. 8.5. (a) A broadcaster or electronic billboard
322	322	6 operator that has agreed to participate in the Amber alert program,
323	323	7 green alert program, or silver alert program and that:
324	324	8 (1) receives an Amber alert notification, a green alert
325	325	9 notification, or a silver alert notification from the department;
326	326	10 and
327	327	11 (2) broadcasts or displays:
328	328	12 (A) a description of the abducted child, missing endangered
329	329	13 child, missing veteran at risk, or missing endangered adult
330	330	14 contained in the notification; and
331	331	15 (B) other information contained in the notification that will
332	332	16 assist in locating the child, missing veteran at risk, or
333	333	17 missing endangered adult;
334	334	18 is immune from civil liability based on the broadcast or display of the
335	335	19 information received from the department.
336	336	20 (b) If:
337	337	21 (1) a person enters into an agreement with the department to
338	338	22 establish or maintain an Amber alert web site website, a green
339	339	23 alert website, or a silver alert web site; website; and
340	340	24 (2) the agreement provides that only the department has the
341	341	25 ability to place information on the web site; website;
342	342	26 the person is immune from civil liability for the information placed on
343	343	27 the web site website by the department. However, this subsection does
344	344	28 not affect the applicability of IC 34-13-3 to the department.
345	345	29 SECTION 12. IC 12-7-2-197.3 IS ADDED TO THE INDIANA
346	346	30 CODE AS A NEW SECTION TO READ AS FOLLOWS
347	347	31 [EFFECTIVE JULY 1, 2023]: Sec. 197.3. "Veteran at risk" means
348	348	32 a veteran or active duty member of the armed forces of the United
349	349	33 States, the national guard, or a reserve component of the armed
350	350	34 forces of the United States who is known, based on information
351	351	35 provided by a person making a report under IC 12-10-18-1, to have
352	352	36 a physical or mental health condition that is related to the
353	353	37 veteran's military service.
354	354	38 SECTION 13. IC 12-10-18-0.7 IS ADDED TO THE INDIANA
355	355	39 CODE AS A NEW SECTION TO READ AS FOLLOWS
356	356	40 [EFFECTIVE JULY 1, 2023]: Sec. 0.7. A missing veteran at risk is
357	357	41 a high risk missing person under IC 5-2-17. A law enforcement
358	358	42 agency receiving a report of a missing veteran at risk shall follow
359	359	2023 IN 1104—LS 6479/DI 119 9
360	360	1 the procedures in IC 5-2-17 in addition to the procedures described
361	361	2 in this chapter.
362	362	3 SECTION 14. IC 12-10-18-1, AS AMENDED BY P.L.50-2021,
363	363	4 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
364	364	5 JULY 1, 2023]: Sec. 1. (a) A law enforcement agency that receives a
365	365	6 notification concerning a missing endangered adult or missing veteran
366	366	7 at risk from:
367	367	8 (1) the missing endangered adult's or missing veteran at risk's:
368	368	9 (A) guardian;
369	369	10 (B) custodian; or
370	370	11 (C) guardian ad litem; or
371	371	12 (2) an individual who:
372	372	13 (A) provides the missing endangered adult or missing veteran
373	373	14 at risk with home health aid services;
374	374	15 (B) possesses a health care power of attorney that was
375	375	16 executed under IC 30-5-5-16 for the missing endangered adult
376	376	17 or missing veteran at risk; or
377	377	18 (C) has evidence that the missing endangered adult or missing
378	378	19 veteran at risk has a condition that may prevent the missing
379	379	20 endangered adult or missing veteran at risk from returning
380	380	21 home without assistance;
381	381	22 shall prepare an investigative report on the missing endangered adult
382	382	23 or missing veteran at risk if, based on the notification, the law
383	383	24 enforcement agency has reason to believe that an endangered adult or
384	384	25 veteran at risk is missing.
385	385	26 (b) The investigative report described in subsection (a) may include
386	386	27 the following:
387	387	28 (1) Relevant information obtained from the notification
388	388	29 concerning the missing endangered adult or missing veteran at
389	389	30 risk, including the following:
390	390	31 (A) A physical description of the missing endangered adult or
391	391	32 missing veteran at risk.
392	392	33 (B) The date, time, and place that the missing endangered
393	393	34 adult or missing veteran at risk was last seen.
394	394	35 (C) The missing endangered adult's or missing veteran at
395	395	36 risk's address.
396	396	37 (2) Information gathered by a preliminary investigation, if one
397	397	38 was made.
398	398	39 (3) A statement by the law enforcement officer in charge setting
399	399	40 forth that officer's assessment of the case based upon the evidence
400	400	41 and information received.
401	401	42 SECTION 15. IC 12-10-18-2, AS ADDED BY P.L.140-2005,
402	402	2023 IN 1104—LS 6479/DI 119 10
403	403	1 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
404	404	2 JULY 1, 2023]: Sec. 2. The law enforcement agency shall prepare the
405	405	3 investigative report described by section 1 of this chapter as soon as
406	406	4 practicable, and if possible not later than five (5) hours after the law
407	407	5 enforcement agency receives notification of a missing endangered adult
408	408	6 or missing veteran at risk.
409	409	7 SECTION 16. IC 12-10-18-3, AS AMENDED BY P.L.43-2009,
410	410	8 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
411	411	9 JULY 1, 2023]: Sec. 3. (a) Upon completion of the report described by
412	412	10 section 1 of this chapter, if the law enforcement agency has reason to
413	413	11 believe that public notification may assist in locating the missing
414	414	12 endangered adult or missing veteran at risk, the law enforcement
415	415	13 agency may immediately forward the contents of the report to:
416	416	14 (1) all law enforcement agencies that have jurisdiction in the
417	417	15 location where the missing endangered adult or missing veteran
418	418	16 at risk lives and all law enforcement agencies that have
419	419	17 jurisdiction in the location where the missing endangered adult or
420	420	18 missing veteran at risk was last seen;
421	421	19 (2) all law enforcement agencies to which the person who made
422	422	20 the notification concerning the missing endangered adult or
423	423	21 missing veteran at risk requests the report be sent, if the law
424	424	22 enforcement agency determines that the request is reasonable in
425	425	23 light of the information received;
426	426	24 (3) all law enforcement agencies that request a copy of the report;
427	427	25 (4) one (1) or more broadcasters that broadcast in an area where
428	428	26 the missing endangered adult or missing veteran at risk may be
429	429	27 located;
430	430	28 (5) the Indiana data and communication system (IDACS);
431	431	29 (6) the National Crime Information Center's Missing Person File,
432	432	30 if appropriate; and
433	433	31 (7) the Indiana clearinghouse for information on children, missing
434	434	32 veterans at risk, and missing endangered adults, established by
435	435	33 IC 10-13-5-5, to disseminate information concerning the:
436	436	34 (A) missing endangered adult to be broadcast as part of the
437	437	35 silver alert program; or
438	438	36 (B) missing veteran at risk to be broadcast as part of the
439	439	37 green alert program.
440	440	38 (b) Upon completion of the report described by section 1 of this
441	441	39 chapter, a law enforcement agency may forward a copy of the contents
442	442	40 of the report to one (1) or more newspapers distributed in an area
443	443	41 where the missing endangered adult or missing veteran at risk may
444	444	42 be located.
445	445	2023 IN 1104—LS 6479/DI 119 11
446	446	1 (c) After forwarding the contents of the report to a broadcaster or
447	447	2 newspaper under this section, the law enforcement agency may request
448	448	3 that the broadcaster or newspaper:
449	449	4 (1) notify the public that there is an a missing endangered adult
450	450	5 medical alert or missing veteran at risk alert; and
451	451	6 (2) broadcast or publish:
452	452	7 (A) a description of the missing endangered adult or missing
453	453	8 veteran at risk; and
454	454	9 (B) any other relevant information that would assist in locating
455	455	10 the missing endangered adult or missing veteran at risk.
456	456	11 (d) A broadcaster or newspaper that receives a request concerning
457	457	12 a missing endangered adult or missing veteran at risk under
458	458	13 subsection (c) may, at the discretion of the broadcaster or newspaper:
459	459	14 (1) notify the public that there is an a missing endangered adult
460	460	15 medical alert or missing veteran at risk alert; and
461	461	16 (2) broadcast or publish:
462	462	17 (A) a description of the missing endangered adult or missing
463	463	18 veteran at risk; and
464	464	19 (B) any other relevant information that would assist in locating
465	465	20 the missing endangered adult or missing veteran at risk.
466	466	21 SECTION 17. IC 12-10-18-4, AS ADDED BY P.L.140-2005,
467	467	22 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
468	468	23 JULY 1, 2023]: Sec. 4. A law enforcement agency may begin an
469	469	24 investigation concerning a missing endangered adult or missing
470	470	25 veteran at risk as soon as possible after receiving notification of the
471	471	26 missing endangered adult or missing veteran at risk.
472	472	27 SECTION 18. IC 12-10-18-5, AS ADDED BY P.L.140-2005,
473	473	28 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
474	474	29 JULY 1, 2023]: Sec. 5. An individual described in section 1(a)(1) or
475	475	30 1(a)(2) of this chapter who notifies a law enforcement agency
476	476	31 concerning a missing endangered adult or missing veteran at risk
477	477	32 shall notify the law enforcement agency when the missing endangered
478	478	33 adult or missing veteran at risk is found.
479	479	34 SECTION 19. IC 12-10-18-6, AS ADDED BY P.L.140-2005,
480	480	35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
481	481	36 JULY 1, 2023]: Sec. 6. (a) A broadcaster or newspaper that receives a
482	482	37 report of a missing endangered adult or missing veteran at risk from
483	483	38 a law enforcement agency under section 3 of this chapter is immune
484	484	39 from civil liability for an act or omission related to:
485	485	40 (1) the broadcast or publication of information contained in the
486	486	41 report, including:
487	487	42 (A) a description of the missing endangered adult or missing
488	488	2023 IN 1104—LS 6479/DI 119 12
489	489	1 veteran at risk; and
490	490	2 (B) any other relevant information that would assist in locating
491	491	3 the missing endangered adult or missing veteran at risk; or
492	492	4 (2) the decision of the broadcaster or newspaper not to broadcast
493	493	5 or publish information contained in the report.
494	494	6 (b) The civil immunity described in subsection (a) does not apply to
495	495	7 an act or omission that constitutes gross negligence or willful, wanton,
496	496	8 or intentional misconduct.
497	497	9 SECTION 20. IC 12-17.2-2-1.5, AS AMENDED BY P.L.43-2009,
498	498	10 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
499	499	11 JULY 1, 2023]: Sec. 1.5. (a) The division shall require all child care
500	500	12 centers or child care homes to submit a report containing the names
501	501	13 and birth dates of all children who are enrolled in the child care center
502	502	14 or child care home within three (3) months from the date the child care
503	503	15 center or child care home accepts its first child, upon receiving the
504	504	16 consent of the child's parent, guardian, or custodian as required under
505	505	17 subsection (b). The division shall require all child care centers and
506	506	18 child care homes that receive written consent as described under
507	507	19 subsection (b) to submit a monthly report of the name and birth date of
508	508	20 each additional child who has been enrolled in or withdrawn from the
509	509	21 child care center or child care home during the preceding thirty (30)
510	510	22 days.
511	511	23 (b) The division shall require all child care centers or child care
512	512	24 homes to request whether the child's parent, guardian, or custodian
513	513	25 desires the center or home to include the child's name and birth date in
514	514	26 the reports described under subsection (a) before enrolling the child in
515	515	27 the center or home. No child's name or birth date may be included on
516	516	28 the report required under subsection (a) without the signed consent of
517	517	29 the child's parent, guardian, or custodian. The consent form must be in
518	518	30 the following form:
519	519	31 "I give my permission for _____________________ (name of day
520	520	32 care center or home) to report the name and birth date of my child
521	521	33 or children to the division of family resources pursuant to
522	522	34 IC 12-17.2-2-1.5.
523	523	35 Name of child ____________________________________
524	524	36 Birth date _______________________________________
525	525	37 Signature of parent, guardian, or custodian
526	526	38 _______________________________________________
527	527	39 Date ____________________________________________".
528	528	40 (c) The division shall submit a monthly report of the information
529	529	41 provided under subsection (a) to the Indiana clearinghouse for
530	530	42 information on missing children, missing veterans at risk, and missing
531	531	2023 IN 1104—LS 6479/DI 119 13
532	532	1 endangered adults established under IC 10-13-5.
533	533	2 (d) The division shall require that a person who transports children
534	534	3 who are in the care of the child care center on a public highway (as
535	535	4 defined in IC 9-25-2-4) within or outside Indiana in a vehicle designed
536	536	5 and constructed for the accommodation of more than ten (10)
537	537	6 passengers must comply with the same requirements set forth in
538	538	7 IC 20-27-9-12 for a public elementary or secondary school or a
539	539	8 preschool operated by a school corporation.
540	540	9 SECTION 21. IC 12-17.2-4-18.5, AS AMENDED BY P.L.43-2009,
541	541	10 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
542	542	11 JULY 1, 2023]: Sec. 18.5. (a) Upon receiving a report under
543	543	12 IC 31-36-1-4, a child care center shall thoroughly inspect the report. If
544	544	13 the child care center finds that a child on the report required under
545	545	14 IC 31-36-1-4 is enrolled at the child care center, the child care center
546	546	15 shall immediately notify the Indiana clearinghouse for information on
547	547	16 missing children, missing veterans at risk, and missing endangered
548	548	17 adults.
549	549	18 (b) Upon receiving a report under IC 31-36-1-4, a child care center
550	550	19 shall attach a notice to the child's enrollment records stating that the
551	551	20 child has been reported missing. The child care center shall remove the
552	552	21 notice when the center is notified under IC 31-36-2-6 that the child has
553	553	22 been found.
554	554	23 (c) If a request for the enrollment records of a missing child is
555	555	24 received, the child care center shall:
556	556	25 (1) obtain:
557	557	26 (A) the name, address, and telephone number of the person
558	558	27 making the request; and
559	559	28 (B) the reason that the person is requesting the school records;
560	560	29 and
561	561	30 (2) immediately notify the Indiana clearinghouse for information
562	562	31 on missing children, missing veterans at risk, and missing
563	563	32 endangered adults.
564	564	33 (d) The child care center may not issue a copy of the enrollment
565	565	34 records of a child reported missing without authorization from the
566	566	35 Indiana clearinghouse for information on missing children, missing
567	567	36 veterans at risk, and missing endangered adults and may not inform
568	568	37 the person making the request that a notice that the child has been
569	569	38 reported missing has been attached to the child's records.
570	570	39 SECTION 22. IC 12-17.2-5-18.6, AS AMENDED BY P.L.43-2009,
571	571	40 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
572	572	41 JULY 1, 2023]: Sec. 18.6. (a) Upon receiving a report under
573	573	42 IC 31-36-1-4, a child care home shall thoroughly inspect the report. If
574	574	2023 IN 1104—LS 6479/DI 119 14
575	575	1 the child care home finds that a child on the report required under
576	576	2 IC 31-36-1-4 is enrolled at the child care home, the child care home
577	577	3 shall immediately notify the Indiana clearinghouse for information on
578	578	4 missing children, missing veterans at risk, and missing endangered
579	579	5 adults.
580	580	6 (b) Upon receiving a report under IC 31-36-1-4, a child care home
581	581	7 shall attach a notice to the child's enrollment records stating that the
582	582	8 child has been reported missing. The child care home shall remove the
583	583	9 notice when the center is notified under IC 31-36-2-6 that the child has
584	584	10 been found.
585	585	11 (c) If a request for the enrollment records of a missing child is
586	586	12 received, the child care home shall:
587	587	13 (1) obtain:
588	588	14 (A) the name, address, and telephone number of the person
589	589	15 making the request; and
590	590	16 (B) the reason that the person is requesting the school records;
591	591	17 and
592	592	18 (2) immediately notify the Indiana clearinghouse for information
593	593	19 on missing children, missing veterans at risk, and missing
594	594	20 endangered adults.
595	595	21 (d) The child care home may not issue a copy of the enrollment
596	596	22 records of a child reported missing without authorization from the
597	597	23 Indiana clearinghouse for information on missing children, missing
598	598	24 veterans at risk, and missing endangered adults and may not inform
599	599	25 the person making the request that a notice that the child has been
600	600	26 reported missing has been attached to the child's records.
601	601	27 SECTION 23. IC 16-37-1-8, AS AMENDED BY P.L.43-2009,
602	602	28 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
603	603	29 JULY 1, 2023]: Sec. 8. (a) Except as provided in subsection (c), a local
604	604	30 health officer shall provide a certification of birth, death, or stillbirth
605	605	31 registration upon request by any person only if:
606	606	32 (1) the health officer is satisfied that the applicant has a direct
607	607	33 interest in the matter;
608	608	34 (2) the health officer determines that the certificate is necessary
609	609	35 for the determination of personal or property rights or for
610	610	36 compliance with state or federal law; and
611	611	37 (3) the applicant for a birth certificate presents at least one (1)
612	612	38 form of identification.
613	613	39 However, the local health officer must issue a certificate of an
614	614	40 applicant's own birth registration.
615	615	41 (b) A local health officer's decision whether or not to issue a
616	616	42 certified copy of a birth certificate is subject to review by a court.
617	617	2023 IN 1104—LS 6479/DI 119 15
618	618	1 (c) A local health officer may not issue a copy of a birth certificate
619	619	2 of a missing child to which a notice has been attached under
620	620	3 IC 10-13-5-11 without the authorization of the Indiana clearinghouse
621	621	4 for information on missing children, missing veterans at risk, and
622	622	5 missing endangered adults.
623	623	6 (d) Upon determination that a person may be provided a
624	624	7 certification of death under subsection (a), the local health officer shall
625	625	8 provide to the person a certification of death that excludes information
626	626	9 concerning the cause of death if the person requests the exclusion of
627	627	10 this information.
628	628	11 SECTION 24. IC 20-26-13-10, AS AMENDED BY P.L.32-2021,
629	629	12 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
630	630	13 JULY 1, 2023]: Sec. 10. (a) Except as provided in section 11 of this
631	631	14 chapter, the four (4) year graduation rate for a cohort in a high school
632	632	15 is the percentage determined under STEP FIVE of the following
633	633	16 formula:
634	634	17 STEP ONE: Determine the grade 9 enrollment at the beginning of
635	635	18 the reporting year three (3) years before the reporting year for
636	636	19 which the graduation rate is being determined.
637	637	20 STEP TWO: Add:
638	638	21 (A) the number determined under STEP ONE; and
639	639	22 (B) the number of students who:
640	640	23 (i) have enrolled in the high school after the date on which
641	641	24 the number determined under STEP ONE was determined;
642	642	25 and
643	643	26 (ii) have the same expected graduation year as the cohort.
644	644	27 STEP THREE: Subtract from the sum determined under STEP
645	645	28 TWO the number of students who have left the cohort for any of
646	646	29 the following reasons:
647	647	30 (A) Transfer to another public or nonpublic school.
648	648	31 (B) Except as provided in IC 20-33-2-28.6 and subsection (b),
649	649	32 removal by the student's parents under IC 20-33-2-28 to
650	650	33 provide instruction equivalent to that given in the public
651	651	34 schools.
652	652	35 (C) Withdrawal because of a long term medical condition or
653	653	36 death.
654	654	37 (D) Detention by a law enforcement agency or the department
655	655	38 of correction.
656	656	39 (E) Placement by a court order or the department of child
657	657	40 services.
658	658	41 (F) Enrollment in a virtual school.
659	659	42 (G) Leaving school, if the student attended school in Indiana
660	660	2023 IN 1104—LS 6479/DI 119 16
661	661	1 for less than one (1) school year and the location of the student
662	662	2 cannot be determined.
663	663	3 (H) Leaving school, if the location of the student cannot be
664	664	4 determined and the student has been reported to the Indiana
665	665	5 clearinghouse for information on missing children, missing
666	666	6 veterans at risk, and missing endangered adults.
667	667	7 (I) Withdrawing from school before graduation, if the student
668	668	8 is a high ability student (as defined in IC 20-36-1-3) who is a
669	669	9 full-time student at an accredited institution of higher
670	670	10 education during the semester in which the cohort graduates.
671	671	11 (J) Withdrawing from school before graduation pursuant to
672	672	12 providing notice of withdrawal under section 17 of this
673	673	13 chapter.
674	674	14 (K) Participating in the high school equivalency pilot program
675	675	15 under IC 20-30-8.5, unless the student fails to successfully
676	676	16 complete the high school equivalency pilot program in the two
677	677	17 (2) year period. This clause expires June 30, 2024.
678	678	18 STEP FOUR: Determine the total number of students determined
679	679	19 under STEP TWO who have graduated during the current
680	680	20 reporting year or a previous reporting year.
681	681	21 STEP FIVE: Divide:
682	682	22 (A) the number determined under STEP FOUR; by
683	683	23 (B) the remainder determined under STEP THREE.
684	684	24 (b) This subsection applies to a high school in which:
685	685	25 (1) for a:
686	686	26 (A) cohort of one hundred (100) students or less, at least ten
687	687	27 percent (10%) of the students left a particular cohort for a
688	688	28 reason described in subsection (a) STEP THREE clause (B);
689	689	29 or
690	690	30 (B) cohort of more than one hundred (100) students, at least
691	691	31 five percent (5%) of the students left a particular cohort for a
692	692	32 reason described in subsection (a) STEP THREE clause (B);
693	693	33 and
694	694	34 (2) the students described in subdivision (1)(A) or (1)(B) are not
695	695	35 on track to graduate with their cohort.
696	696	36 A high school must submit a request to the state board in a manner
697	697	37 prescribed by the state board requesting that the students described in
698	698	38 this subsection be included in the subsection (a) STEP THREE
699	699	39 calculation. The state board shall review the request and may grant or
700	700	40 deny the request. The state board shall deny the request unless the high
701	701	41 school demonstrates good cause to justify that the students described
702	702	42 in this subsection should be included in the subsection (a) STEP
703	703	2023 IN 1104—LS 6479/DI 119 17
704	704	1 THREE calculation. If the state board denies the request the high
705	705	2 school may not subtract the students described in this subsection under
706	706	3 subsection (a) STEP THREE.
707	707	4 SECTION 25. IC 20-33-2-10, AS AMENDED BY P.L.32-2021,
708	708	5 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
709	709	6 JULY 1, 2023]: Sec. 10. (a) Each public school shall and each private
710	710	7 school may require a student who initially enrolls in the school to
711	711	8 provide:
712	712	9 (1) the name and address of the school the student last attended;
713	713	10 and
714	714	11 (2) a certified copy of the student's birth certificate or other
715	715	12 reliable proof of the student's date of birth.
716	716	13 (b) Each public school, charter school, and nonpublic school with
717	717	14 at least one (1) employee shall provide upon request of another school
718	718	15 a copy of a particular student's disciplinary records that are relevant to
719	719	16 the safety of students, if the particular student currently attends the
720	720	17 requesting school and is currently enrolled in the requesting school.
721	721	18 (c) Not more than fourteen (14) days after initial enrollment in a
722	722	19 school, the school shall request the student's records from the school
723	723	20 the student last attended.
724	724	21 (d) If the document described in subsection (a)(2):
725	725	22 (1) is not provided to the school not more than thirty (30) days
726	726	23 after the student's enrollment; or
727	727	24 (2) appears to be inaccurate or fraudulent;
728	728	25 the school shall notify the Indiana clearinghouse for information on
729	729	26 missing children, missing veterans at risk, and missing endangered
730	730	27 adults established under IC 10-13-5-5 and determine if the student has
731	731	28 been reported missing.
732	732	29 (e) A school in Indiana receiving a request for records shall send the
733	733	30 records promptly to the requesting school. However, if a request is
734	734	31 received for records to which a notice has been attached under
735	735	32 IC 31-36-1-5 (or IC 31-6-13-6 before its repeal), the school:
736	736	33 (1) shall immediately notify the Indiana clearinghouse for
737	737	34 information on missing children, missing veterans at risk, and
738	738	35 missing endangered adults;
739	739	36 (2) may not send the school records without the authorization of
740	740	37 the clearinghouse; and
741	741	38 (3) may not inform the requesting school that a notice under
742	742	39 IC 31-36-1-5 (or IC 31-6-13-6 before its repeal) has been attached
743	743	40 to the records.
744	744	41 (f) Notwithstanding subsection (e), if a parent of a child who has
745	745	42 enrolled in a state accredited nonpublic school is in breach of a contract
746	746	2023 IN 1104—LS 6479/DI 119 18
747	747	1 that conditions release of student records on the payment of
748	748	2 outstanding tuition and other fees, the state accredited nonpublic school
749	749	3 shall provide a requesting school sufficient verbal information to
750	750	4 permit the requesting school to make an appropriate placement
751	751	5 decision regarding the child. However, the state accredited nonpublic
752	752	6 school must provide the information described in subsection (b) to the
753	753	7 requesting school.
754	754	8 SECTION 26. IC 31-34-2-5, AS AMENDED BY P.L.43-2009,
755	755	9 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
756	756	10 JULY 1, 2023]: Sec. 5. If a child in need of services is a missing child
757	757	11 and is taken into custody under a court order, the person taking the
758	758	12 child into custody shall do the following:
759	759	13 (1) Take the child to a place designated in the order.
760	760	14 (2) Give notice to the following that the child has been taken into
761	761	15 custody:
762	762	16 (A) The child's legal custodian.
763	763	17 (B) The clearinghouse for information on missing children,
764	764	18 missing veterans at risk, and missing endangered adults
765	765	19 established by IC 10-13-5.
766	766	20 SECTION 27. IC 31-34-2.5-2, AS AMENDED BY P.L.43-2009,
767	767	21 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
768	768	22 JULY 1, 2023]: Sec. 2. (a) Immediately after an emergency medical
769	769	23 services provider takes custody of a child under section 1 of this
770	770	24 chapter, the provider shall notify the department of child services that
771	771	25 the provider has taken custody of the child.
772	772	26 (b) The department of child services shall:
773	773	27 (1) assume the care, control, and custody of the child immediately
774	774	28 after receiving notice under subsection (a); and
775	775	29 (2) not later than forty-eight (48) hours after the department of
776	776	30 child services has taken custody of the child, contact the Indiana
777	777	31 clearinghouse for information on missing children, missing
778	778	32 veterans at risk, and missing endangered adults established by
779	779	33 IC 10-13-5-5 to determine if the child has been reported missing.
780	780	34 SECTION 28. IC 31-36-1-3, AS AMENDED BY P.L.183-2017,
781	781	35 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
782	782	36 JULY 1, 2023]: Sec. 3. Upon completion of the report required by
783	783	37 section 1 of this chapter, the law enforcement agency shall immediately
784	784	38 forward the contents of the report to:
785	785	39 (1) all law enforcement agencies that have jurisdiction of the
786	786	40 location in which the missing child lives and all law enforcement
787	787	41 agencies that have jurisdiction of the location in which the
788	788	42 missing child was last seen;
789	789	2023 IN 1104—LS 6479/DI 119 19
790	790	1 (2) all law enforcement agencies to which the person who
791	791	2 provided notification requests the report be sent, if the law
792	792	3 enforcement agency determines that the request is reasonable in
793	793	4 light of the information contained in the report;
794	794	5 (3) all law enforcement agencies that request a copy of the report;
795	795	6 (4) the Indiana clearinghouse for information on missing children,
796	796	7 missing veterans at risk, and missing endangered adults
797	797	8 established by IC 10-13-5;
798	798	9 (5) the Indiana data and communication system (IDACS);
799	799	10 (6) the National Crime Information Center's Missing Person File;
800	800	11 and
801	801	12 (7) the department.
802	802	13 SECTION 29. IC 31-36-1-5, AS AMENDED BY P.L.43-2009,
803	803	14 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
804	804	15 JULY 1, 2023]: Sec. 5. (a) Upon receiving a report under section 4 of
805	805	16 this chapter, a school shall attach a notice to the child's school records
806	806	17 stating that the child has been reported missing. The school shall
807	807	18 remove the notice when the school is notified under IC 31-36-2-6 that
808	808	19 the child has been found.
809	809	20 (b) If a request for the school records of a missing child is received,
810	810	21 the school shall:
811	811	22 (1) obtain:
812	812	23 (A) the name, address, and telephone number of the person
813	813	24 making the request; and
814	814	25 (B) the reason that the person is requesting the school records;
815	815	26 and
816	816	27 (2) immediately notify the Indiana clearinghouse for information
817	817	28 on missing children, missing veterans at risk, and missing
818	818	29 endangered adults.
819	819	30 (c) The school may not issue a copy of school records without
820	820	31 authorization from the Indiana clearinghouse for information on
821	821	32 missing children, missing veterans at risk, and missing endangered
822	822	33 adults and may not inform the person making the request that a notice
823	823	34 that the child has been reported missing has been attached to the child's
824	824	35 records.
825	825	36 SECTION 30. IC 31-36-2-2, AS AMENDED BY P.L.43-2009,
826	826	37 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
827	827	38 JULY 1, 2023]: Sec. 2. A law enforcement agency involved in the
828	828	39 investigation of a missing child shall do the following:
829	829	40 (1) Update the initial report filed by the agency that received
830	830	41 notification of the missing child upon the discovery of new
831	831	42 information concerning the investigation.
832	832	2023 IN 1104—LS 6479/DI 119 20
833	833	1 (2) Forward the updated report to the agencies and organizations
834	834	2 listed in IC 31-36-1-3.
835	835	3 (3) Search the National Crime Information Center's Wanted
836	836	4 Person File for reports of arrest warrants issued for persons who
837	837	5 allegedly abducted or unlawfully retained children and compare
838	838	6 these reports to the missing child's National Crime Information
839	839	7 Center's Missing Person File.
840	840	8 (4) Notify all law enforcement agencies involved in the
841	841	9 investigation, the Indiana clearinghouse for information on
842	842	10 missing children, missing veterans at risk, and missing
843	843	11 endangered adults, and the National Crime Information Center
844	844	12 when the missing child is located.
845	845	13 SECTION 31. IC 34-30-2.1-116, AS ADDED BY P.L.105-2022,
846	846	14 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
847	847	15 JULY 1, 2023]: Sec. 116. IC 10-13-5-8.5 (Concerning a broadcaster
848	848	16 who broadcasts or an electronic billboard operator who displays an
849	849	17 Amber alert notification, green alert notification, or silver alert
850	850	18 notification and a person who establishes or maintains an Amber alert
851	851	19 web site website, green alert website, or silver alert web site website
852	852	20 under an agreement with the state police department).
853	853	21 SECTION 32. IC 34-30-2.1-136, AS ADDED BY P.L.105-2022,
854	854	22 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
855	855	23 JULY 1, 2023]: Sec. 136. IC 12-10-18-6 (Concerning a broadcaster or
856	856	24 newspaper that receives a report concerning an a missing endangered
857	857	25 adult medical alert or missing veteran at risk alert).
858	858	26 SECTION 33. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021,
859	859	27 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
860	860	28 JULY 1, 2023]: Sec. 3. (a) As used in this section, "consumer product"
861	861	29 has the meaning set forth in IC 35-45-8-1.
862	862	30 (b) As used in this section, "misconduct" means a violation of a
863	863	31 departmental rule or procedure of a law enforcement agency.
864	864	32 (c) A person who reports that:
865	865	33 (1) the person or another person has placed or intends to place an
866	866	34 explosive, a destructive device, or other destructive substance in
867	867	35 a building or transportation facility;
868	868	36 (2) there has been or there will be tampering with a consumer
869	869	37 product introduced into commerce; or
870	870	38 (3) there has been or will be placed or introduced a weapon of
871	871	39 mass destruction in a building or a place of assembly;
872	872	40 knowing the report to be false, commits false reporting, a Level 6
873	873	41 felony.
874	874	42 (d) A person who:
875	875	2023 IN 1104—LS 6479/DI 119 21
876	876	1 (1) gives:
877	877	2 (A) a false report of the commission of a crime; or
878	878	3 (B) false information to a law enforcement officer that relates
879	879	4 to the commission of a crime;
880	880	5 knowing the report or information to be false;
881	881	6 (2) gives a false alarm of fire to the fire department of a
882	882	7 governmental entity, knowing the alarm to be false;
883	883	8 (3) makes a false request for ambulance service to an ambulance
884	884	9 service provider, knowing the request to be false;
885	885	10 (4) gives a false report concerning a missing child (as defined in
886	886	11 IC 10-13-5-4), missing veteran at risk (as defined in
887	887	12 IC 12-7-2-197.3), or missing endangered adult (as defined in
888	888	13 IC 12-7-2-131.3) or gives false information to a law enforcement
889	889	14 officer or a governmental entity that relates to a missing child,
890	890	15 missing veteran at risk, or missing endangered adult knowing
891	891	16 the report or information to be false;
892	892	17 (5) makes a complaint against a law enforcement officer to the
893	893	18 state or municipality (as defined in IC 8-1-13-3(b)) that employs
894	894	19 the officer:
895	895	20 (A) alleging the officer engaged in misconduct while
896	896	21 performing the officer's duties; and
897	897	22 (B) knowing the complaint to be false;
898	898	23 (6) makes a false report of a missing person, knowing the report
899	899	24 or information is false;
900	900	25 (7) gives a false report of actions, behavior, or conditions
901	901	26 concerning:
902	902	27 (A) a septic tank soil absorption system under IC 8-1-2-125 or
903	903	28 IC 13-26-5-2.5; or
904	904	29 (B) a septic tank soil absorption system or constructed wetland
905	905	30 septic system under IC 36-9-23-30.1;
906	906	31 knowing the report or information to be false; or
907	907	32 (8) makes a false report that a person is dangerous (as defined in
908	908	33 IC 35-47-14-1) knowing the report or information to be false;
909	909	34 commits false informing, a Class B misdemeanor. However, the offense
910	910	35 is a Class A misdemeanor if it substantially hinders any law
911	911	36 enforcement process or if it results in harm to another person.
912	912	2023 IN 1104—LS 6479/DI 119