Introduced Version
HOUSE BILL No. 1104
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-17; IC 10-13-5; IC 12-7-2-197.3;
IC 12-10-18; IC 12-17.2; IC 16-37-1-8; IC 20-26-13-10; IC 20-33-2-10;
IC 31-34; IC 31-36; IC 34-30-2.1; IC 35-44.1-2-3.
Synopsis: Green alert for missing at risk veterans. Defines "veteran at
risk". Creates the green alert program to provide for public notification
regarding missing veterans at risk. Changes the name of the Indiana
clearinghouse for information on missing children and missing
endangered adults to the Indiana clearinghouse for information on
missing children, missing veterans at risk, and missing endangered
adults (clearinghouse). Makes conforming changes to the duties of the
clearinghouse. Creates certain duties and reporting requirements for
law enforcement agencies concerning missing veterans at risk. Provides
immunity for a broadcaster who broadcasts, or an electronic billboard
operator who displays, a green alert notification and a person who
establishes or maintains a green alert website under an agreement with
the state police department. Makes technical corrections.
Effective: July 1, 2023.
Gore
January 10, 2023, read first time and referred to Committee on Veterans Affairs and Public
Safety.
2023 IN 1104—LS 6479/DI 119 Introduced
First Regular Session of the 123rd General Assembly (2023)
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 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1104
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-17-1, AS ADDED BY P.L.92-2007, SECTION
2 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2023]: Sec. 1. As used in this chapter, "high risk missing person"
4 means a person whose whereabouts are not known and who may be at
5 risk of injury or death. The term includes the following:
6 (1) A person who is missing as the result of abduction by a
7 stranger.
8 (2) A person whose disappearance may be the result of the
9 commission of a crime.
10 (3) A person whose disappearance occurred under circumstances
11 that are inherently dangerous.
12 (4) A person who is missing for more than thirty (30) days.
13 (5) A missing person who is in need of medical attention or
14 prescription medication.
15 (6) A missing person who may be at risk due to abduction by a
16 noncustodial parent.
17 (7) A missing person who is mentally impaired.
2023 IN 1104—LS 6479/DI 119 2
1 (8) A missing person who is less than twenty-one (21) years of
2 age.
3 (9) A missing person who has previously been the victim of a
4 threat of violence or an act of violence.
5 (10) A missing person who has been determined by a law
6 enforcement agency to be:
7 (A) at risk of injury or death; or
8 (B) a person that meets any of the descriptions in subdivisions
9 (1) through (9).
10 (11) A missing person who is an endangered adult (as defined in
11 IC 12-7-2-131.3).
12 (12) A missing person who is a veteran at risk (as defined in
13 IC 12-7-2-197.3).
14 SECTION 2. IC 5-2-17-3, AS ADDED BY P.L.92-2007, SECTION
15 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
16 2023]: Sec. 3. A law enforcement agency receiving a report of a
17 missing:
18 (1) child less than eighteen (18) years of age shall comply with
19 the requirements of IC 31-36-2; or
20 (2) endangered adult (as defined in IC 12-7-2-131.3) shall comply
21 with the requirements of IC 12-10-18; or
22 (3) veteran at risk (as defined in IC 12-7-2-197.3) shall comply
23 with the requirements of IC 12-10-18;
24 in addition to the procedures described in this chapter.
25 SECTION 3. IC 10-13-5-3, AS AMENDED BY P.L.43-2009,
26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2023]: Sec. 3. As used in this chapter, "clearinghouse" refers
28 to the Indiana clearinghouse for information on missing children,
29 missing veterans at risk, and missing endangered adults established
30 by section 5 of this chapter.
31 SECTION 4. IC 10-13-5-3.5 IS ADDED TO THE INDIANA CODE
32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
33 1, 2023]: Sec. 3.5. As used in this chapter, "green alert program"
34 means a program under which the clearinghouse transmits
35 information about missing veterans at risk to broadcasters who:
36 (1) have agreed to participate in the program; and
37 (2) immediately and repeatedly broadcast the information to
38 the general public.
39 SECTION 5. IC 10-13-5-4.5 IS ADDED TO THE INDIANA CODE
40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
41 1, 2023]: Sec. 4.5. As used in this chapter, "missing veteran at risk"
42 means a veteran who is a high risk missing person under
2023 IN 1104—LS 6479/DI 119 3
1 IC 5-2-17-1.
2 SECTION 6. IC 10-13-5-5, AS AMENDED BY P.L.43-2009,
3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2023]: Sec. 5. The Indiana clearinghouse for information on
5 missing children, missing veterans at risk, and missing endangered
6 adults is established within the department.
7 SECTION 7. IC 10-13-5-6, AS AMENDED BY P.L.43-2009,
8 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2023]: Sec. 6. (a) The superintendent shall designate staff
10 responsible for the operation of the clearinghouse.
11 (b) The staff's duties include the following:
12 (1) Creation and operation of an intrastate network of
13 communication designed for the speedy collection and processing
14 of information concerning missing children, missing veterans at
15 risk, and missing endangered adults.
16 (2) Creation and operation of a central data storage, retrieval, and
17 information distribution system designed for the exchange of
18 information on missing children, missing veterans at risk, and
19 missing endangered adults within and outside Indiana. The system
20 must be capable of interacting with:
21 (A) the Indiana data and communication system under
22 IC 10-13-3-35; and
23 (B) the National Crime Information Center.
24 (3) Development of appropriate forms for the reporting of missing
25 children, missing veterans at risk, and missing endangered
26 adults that may be used by law enforcement agencies and private
27 citizens to provide useful information about a missing child, a
28 missing veteran at risk, or a missing endangered adult to the
29 clearinghouse.
30 (4) Cooperation with the following agencies concerning the
31 location of missing children, missing veterans at risk, and
32 missing endangered adults:
33 (A) State and local public and private nonprofit agencies
34 involved with the location and recovery of missing persons.
35 (B) Agencies of the federal government.
36 (C) State and local law enforcement agencies within and
37 outside Indiana.
38 (5) Coordinating efforts to locate missing children, missing
39 veterans at risk, and missing endangered adults with the
40 agencies listed in subdivision (4).
41 (6) Operation of the toll free telephone line created under section
42 7(a) of this chapter.
2023 IN 1104—LS 6479/DI 119 4
1 (7) Publishing and updating, on a quarterly basis, a directory of
2 missing children, missing veterans at risk, and missing
3 endangered adults.
4 (8) Compiling statistics on missing children, missing veterans at
5 risk, and missing endangered adult cases handled by the
6 clearinghouse, including the number of cases resolved each year.
7 SECTION 8. IC 10-13-5-7, AS AMENDED BY P.L.43-2009,
8 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2023]: Sec. 7. (a) The clearinghouse shall do the following:
10 (1) Collect, process, and maintain identification and investigative
11 information to aid in finding missing children, missing veterans
12 at risk, and missing endangered adults.
13 (2) Establish a statewide, toll free telephone line for the reporting:
14 (A) of missing children, missing veterans at risk, and missing
15 endangered adults; and
16 (B) of sightings of missing children, missing veterans at risk,
17 and missing endangered adults.
18 (3) Prescribe a uniform reporting form concerning missing
19 children, missing veterans at risk, and missing endangered
20 adults for use by law enforcement agencies within Indiana.
21 (4) Assist in training law enforcement and other professionals on
22 issues relating to missing children, missing veterans at risk, and
23 missing endangered adults.
24 (5) Operate a resource center of information regarding the
25 prevention of:
26 (A) the abduction of children; and
27 (B) the sexual exploitation of children.
28 (6) Distribute the quarterly directory prepared under section
29 6(b)(7) of this chapter to schools and hospitals.
30 (7) Distribute the quarterly directory described in subdivision (6)
31 to child care centers and child care homes that make an annual
32 contribution of four dollars ($4) to the clearinghouse. The
33 contributions must be used to help defray the cost of publishing
34 the quarterly directory.
35 (b) For a missing child who was born in Indiana, the clearinghouse
36 shall notify the vital statistics division of the state Indiana department
37 of health:
38 (1) within fifteen (15) days after receiving a report under
39 IC 31-36-1-3 (or IC 31-6-13-4 before its repeal) of a missing child
40 less than thirteen (13) years of age; and
41 (2) promptly after the clearinghouse is notified that a missing
42 child has been found.
2023 IN 1104—LS 6479/DI 119 5
1 (c) Upon receiving notification under subsection (b) that a child is
2 missing or has been found, the vital statistics division of the state
3 Indiana department of health shall notify the local health department
4 or the health and hospital corporation that has jurisdiction over the area
5 where the child was born.
6 (d) Information collected, processed, or maintained by the
7 clearinghouse under subsection (a) is confidential and is not subject to
8 IC 5-14-3, but may be disclosed by the clearinghouse for purposes of
9 locating missing children, missing veterans at risk, and missing
10 endangered adults.
11 SECTION 9. IC 10-13-5-8, AS AMENDED BY P.L.115-2018,
12 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2023]: Sec. 8. (a) The clearinghouse shall operate an Amber
14 alert program, the green alert program, and the silver alert program.
15 (b) Upon the establishment of an Amber alert program, the green
16 alert program, and the silver alert program, the clearinghouse may
17 enter into an agreement with one (1) or more broadcasters to operate
18 the Amber alert program, the green alert program, and the silver alert
19 program under this chapter.
20 (c) The superintendent shall designate staff responsible for the
21 operation of the Amber alert program, the green alert program, and
22 the silver alert program.
23 (d) The department shall adopt guidelines governing the
24 clearinghouse's operation of the Amber alert program, the green alert
25 program, and the silver alert program. The department's guidelines
26 may require that staff, upon receiving a report that a child has been
27 abducted or an endangered child, veteran at risk, or endangered adult
28 is missing, immediately send electronically or by other means of
29 communication a description of the abducted child or missing
30 endangered child, missing veteran at risk, or missing endangered
31 adult to one (1) or more broadcasters participating in the Amber alert
32 program, the green alert program, or the silver alert program. The
33 guidelines must include criteria that the clearinghouse shall use in
34 determining whether to issue a silver alert or green alert and the
35 geographic area or region in which to issue the silver alert or green
36 alert.
37 (e) A broadcaster participating in the Amber alert program, the
38 green alert program, or the silver alert program shall immediately
39 broadcast:
40 (1) a description of the abducted child, missing endangered child,
41 missing veteran at risk, or missing endangered adult; and
42 (2) other information that will assist in locating the abducted
2023 IN 1104—LS 6479/DI 119 6
1 child, missing endangered child, missing veteran at risk, or
2 missing endangered adult;
3 to the general public in accordance with the Amber alert plan
4 agreement, the green alert plan agreement, or the silver alert plan
5 agreement between the clearinghouse and the broadcaster.
6 (f) The department shall adopt guidelines governing the voluntary
7 Amber alert program agreement, and the voluntary green alert
8 program agreement, or the voluntary silver alert program agreement
9 between the clearinghouse and a broadcaster. The voluntary
10 agreements between the clearinghouse and the broadcaster may include
11 the following provisions:
12 (1) Upon receiving a notification as part of the Amber alert
13 program, the green alert program, or the silver alert program,
14 the broadcaster shall broadcast the information contained on the
15 notice on an intermittent basis for a period of time as provided in
16 the agreements between the clearinghouse and the broadcaster.
17 (2) The broadcaster shall treat the Amber alert notification, the
18 green alert notification, or the silver alert notification as an
19 emergency.
20 (3) The broadcaster shall ensure that the form of communication
21 used to receive an Amber alert notification, a green alert
22 notification, or a silver alert notification is:
23 (A) generally available to receive an Amber alert notification,
24 a green alert notification, or a silver alert notification; and
25 (B) located such that the broadcaster will immediately become
26 aware of an incoming Amber alert notification, green alert
27 notification, or silver alert notification.
28 SECTION 10. IC 10-13-5-8.1, AS AMENDED BY P.L.115-2018,
29 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2023]: Sec. 8.1. (a) In addition to an agreement with a
31 broadcaster under section 8 of this chapter, the clearinghouse may enter
32 into an agreement with one (1) or more electronic billboard operators
33 to display Amber alerts, green alerts, or silver alerts under this section.
34 An agreement under this section may include a limitation on the days
35 and times that the electronic billboard operator is required to have staff
36 present to receive an Amber alert, a green alert, or a silver alert
37 notification.
38 (b) The department's guidelines adopted under section 8 of this
39 chapter may require staff, upon receiving a report that a child has been
40 abducted, an endangered child is missing, a veteran at risk is missing,
41 or an endangered adult is missing, to immediately send electronically
42 or by other means of communication a description of the abducted
2023 IN 1104—LS 6479/DI 119 7
1 child, missing endangered child, missing veteran at risk, or missing
2 endangered adult to one (1) or more electronic billboard operators
3 participating in the Amber alert program, green alert program, or
4 silver alert program if the Amber alert, green alert, or silver alert
5 occurs during a period when the electronic billboard operator has
6 agreed to have staff present to receive an Amber alert notification, a
7 green alert notification, or a silver alert notification.
8 (c) An electronic billboard operator participating in the Amber alert
9 program, green alert program, or silver alert program shall
10 immediately display:
11 (1) a description of the abducted child, missing endangered child,
12 missing veteran at risk, or missing endangered adult; and
13 (2) other information that will assist in locating the abducted
14 child, missing endangered child, missing veteran at risk, or
15 missing endangered adult;
16 to the general public in accordance with the Amber alert plan
17 agreement, green alert plan agreement, or silver alert plan agreement
18 between the clearinghouse and the electronic billboard operator.
19 (d) The department shall adopt guidelines governing the voluntary
20 Amber alert program and the agreement, voluntary green alert
21 program agreement, or voluntary silver alert program agreements
22 agreement between the clearinghouse and an electronic billboard
23 operator. The voluntary agreements between the clearinghouse and the
24 electronic billboard operator may include the following provisions:
25 (1) Upon receiving a notification as part of the Amber alert
26 program, the green alert program, or the silver alert program,
27 the electronic billboard operator shall display the information
28 contained in the notice on an intermittent basis for a period of
29 time as provided in the agreements between the clearinghouse and
30 the electronic billboard operator.
31 (2) The electronic billboard operator shall treat the Amber alert
32 notification, the green alert notification, or the silver alert
33 notification as an emergency.
34 (3) The electronic billboard operator shall ensure that the form of
35 communication used to receive an Amber alert notification, a
36 green alert notification, or a silver alert notification is:
37 (A) generally available to receive an Amber alert notification,
38 a green alert notification, or a silver alert notification; and
39 (B) located such that the electronic billboard operator will
40 immediately become aware of an incoming Amber alert
41 notification, a green alert notification, or a silver alert
42 notification received during days and times when staff is
2023 IN 1104—LS 6479/DI 119 8
1 present to receive an Amber alert notification, a green alert
2 notification, or a silver alert notification.
3 SECTION 11. IC 10-13-5-8.5, AS AMENDED BY P.L.115-2018,
4 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2023]: Sec. 8.5. (a) A broadcaster or electronic billboard
6 operator that has agreed to participate in the Amber alert program,
7 green alert program, or silver alert program and that:
8 (1) receives an Amber alert notification, a green alert
9 notification, or a silver alert notification from the department;
10 and
11 (2) broadcasts or displays:
12 (A) a description of the abducted child, missing endangered
13 child, missing veteran at risk, or missing endangered adult
14 contained in the notification; and
15 (B) other information contained in the notification that will
16 assist in locating the child, missing veteran at risk, or
17 missing endangered adult;
18 is immune from civil liability based on the broadcast or display of the
19 information received from the department.
20 (b) If:
21 (1) a person enters into an agreement with the department to
22 establish or maintain an Amber alert web site website, a green
23 alert website, or a silver alert web site; website; and
24 (2) the agreement provides that only the department has the
25 ability to place information on the web site; website;
26 the person is immune from civil liability for the information placed on
27 the web site website by the department. However, this subsection does
28 not affect the applicability of IC 34-13-3 to the department.
29 SECTION 12. IC 12-7-2-197.3 IS ADDED TO THE INDIANA
30 CODE AS A NEW SECTION TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2023]: Sec. 197.3. "Veteran at risk" means
32 a veteran or active duty member of the armed forces of the United
33 States, the national guard, or a reserve component of the armed
34 forces of the United States who is known, based on information
35 provided by a person making a report under IC 12-10-18-1, to have
36 a physical or mental health condition that is related to the
37 veteran's military service.
38 SECTION 13. IC 12-10-18-0.7 IS ADDED TO THE INDIANA
39 CODE AS A NEW SECTION TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2023]: Sec. 0.7. A missing veteran at risk is
41 a high risk missing person under IC 5-2-17. A law enforcement
42 agency receiving a report of a missing veteran at risk shall follow
2023 IN 1104—LS 6479/DI 119 9
1 the procedures in IC 5-2-17 in addition to the procedures described
2 in this chapter.
3 SECTION 14. IC 12-10-18-1, AS AMENDED BY P.L.50-2021,
4 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2023]: Sec. 1. (a) A law enforcement agency that receives a
6 notification concerning a missing endangered adult or missing veteran
7 at risk from:
8 (1) the missing endangered adult's or missing veteran at risk's:
9 (A) guardian;
10 (B) custodian; or
11 (C) guardian ad litem; or
12 (2) an individual who:
13 (A) provides the missing endangered adult or missing veteran
14 at risk with home health aid services;
15 (B) possesses a health care power of attorney that was
16 executed under IC 30-5-5-16 for the missing endangered adult
17 or missing veteran at risk; or
18 (C) has evidence that the missing endangered adult or missing
19 veteran at risk has a condition that may prevent the missing
20 endangered adult or missing veteran at risk from returning
21 home without assistance;
22 shall prepare an investigative report on the missing endangered adult
23 or missing veteran at risk if, based on the notification, the law
24 enforcement agency has reason to believe that an endangered adult or
25 veteran at risk is missing.
26 (b) The investigative report described in subsection (a) may include
27 the following:
28 (1) Relevant information obtained from the notification
29 concerning the missing endangered adult or missing veteran at
30 risk, including the following:
31 (A) A physical description of the missing endangered adult or
32 missing veteran at risk.
33 (B) The date, time, and place that the missing endangered
34 adult or missing veteran at risk was last seen.
35 (C) The missing endangered adult's or missing veteran at
36 risk's address.
37 (2) Information gathered by a preliminary investigation, if one
38 was made.
39 (3) A statement by the law enforcement officer in charge setting
40 forth that officer's assessment of the case based upon the evidence
41 and information received.
42 SECTION 15. IC 12-10-18-2, AS ADDED BY P.L.140-2005,
2023 IN 1104—LS 6479/DI 119 10
1 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2023]: Sec. 2. The law enforcement agency shall prepare the
3 investigative report described by section 1 of this chapter as soon as
4 practicable, and if possible not later than five (5) hours after the law
5 enforcement agency receives notification of a missing endangered adult
6 or missing veteran at risk.
7 SECTION 16. IC 12-10-18-3, AS AMENDED BY P.L.43-2009,
8 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2023]: Sec. 3. (a) Upon completion of the report described by
10 section 1 of this chapter, if the law enforcement agency has reason to
11 believe that public notification may assist in locating the missing
12 endangered adult or missing veteran at risk, the law enforcement
13 agency may immediately forward the contents of the report to:
14 (1) all law enforcement agencies that have jurisdiction in the
15 location where the missing endangered adult or missing veteran
16 at risk lives and all law enforcement agencies that have
17 jurisdiction in the location where the missing endangered adult or
18 missing veteran at risk was last seen;
19 (2) all law enforcement agencies to which the person who made
20 the notification concerning the missing endangered adult or
21 missing veteran at risk requests the report be sent, if the law
22 enforcement agency determines that the request is reasonable in
23 light of the information received;
24 (3) all law enforcement agencies that request a copy of the report;
25 (4) one (1) or more broadcasters that broadcast in an area where
26 the missing endangered adult or missing veteran at risk may be
27 located;
28 (5) the Indiana data and communication system (IDACS);
29 (6) the National Crime Information Center's Missing Person File,
30 if appropriate; and
31 (7) the Indiana clearinghouse for information on children, missing
32 veterans at risk, and missing endangered adults, established by
33 IC 10-13-5-5, to disseminate information concerning the:
34 (A) missing endangered adult to be broadcast as part of the
35 silver alert program; or
36 (B) missing veteran at risk to be broadcast as part of the
37 green alert program.
38 (b) Upon completion of the report described by section 1 of this
39 chapter, a law enforcement agency may forward a copy of the contents
40 of the report to one (1) or more newspapers distributed in an area
41 where the missing endangered adult or missing veteran at risk may
42 be located.
2023 IN 1104—LS 6479/DI 119 11
1 (c) After forwarding the contents of the report to a broadcaster or
2 newspaper under this section, the law enforcement agency may request
3 that the broadcaster or newspaper:
4 (1) notify the public that there is an a missing endangered adult
5 medical alert or missing veteran at risk alert; and
6 (2) broadcast or publish:
7 (A) a description of the missing endangered adult or missing
8 veteran at risk; and
9 (B) any other relevant information that would assist in locating
10 the missing endangered adult or missing veteran at risk.
11 (d) A broadcaster or newspaper that receives a request concerning
12 a missing endangered adult or missing veteran at risk under
13 subsection (c) may, at the discretion of the broadcaster or newspaper:
14 (1) notify the public that there is an a missing endangered adult
15 medical alert or missing veteran at risk alert; and
16 (2) broadcast or publish:
17 (A) a description of the missing endangered adult or missing
18 veteran at risk; and
19 (B) any other relevant information that would assist in locating
20 the missing endangered adult or missing veteran at risk.
21 SECTION 17. IC 12-10-18-4, AS ADDED BY P.L.140-2005,
22 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2023]: Sec. 4. A law enforcement agency may begin an
24 investigation concerning a missing endangered adult or missing
25 veteran at risk as soon as possible after receiving notification of the
26 missing endangered adult or missing veteran at risk.
27 SECTION 18. IC 12-10-18-5, AS ADDED BY P.L.140-2005,
28 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2023]: Sec. 5. An individual described in section 1(a)(1) or
30 1(a)(2) of this chapter who notifies a law enforcement agency
31 concerning a missing endangered adult or missing veteran at risk
32 shall notify the law enforcement agency when the missing endangered
33 adult or missing veteran at risk is found.
34 SECTION 19. IC 12-10-18-6, AS ADDED BY P.L.140-2005,
35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2023]: Sec. 6. (a) A broadcaster or newspaper that receives a
37 report of a missing endangered adult or missing veteran at risk from
38 a law enforcement agency under section 3 of this chapter is immune
39 from civil liability for an act or omission related to:
40 (1) the broadcast or publication of information contained in the
41 report, including:
42 (A) a description of the missing endangered adult or missing
2023 IN 1104—LS 6479/DI 119 12
1 veteran at risk; and
2 (B) any other relevant information that would assist in locating
3 the missing endangered adult or missing veteran at risk; or
4 (2) the decision of the broadcaster or newspaper not to broadcast
5 or publish information contained in the report.
6 (b) The civil immunity described in subsection (a) does not apply to
7 an act or omission that constitutes gross negligence or willful, wanton,
8 or intentional misconduct.
9 SECTION 20. IC 12-17.2-2-1.5, AS AMENDED BY P.L.43-2009,
10 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2023]: Sec. 1.5. (a) The division shall require all child care
12 centers or child care homes to submit a report containing the names
13 and birth dates of all children who are enrolled in the child care center
14 or child care home within three (3) months from the date the child care
15 center or child care home accepts its first child, upon receiving the
16 consent of the child's parent, guardian, or custodian as required under
17 subsection (b). The division shall require all child care centers and
18 child care homes that receive written consent as described under
19 subsection (b) to submit a monthly report of the name and birth date of
20 each additional child who has been enrolled in or withdrawn from the
21 child care center or child care home during the preceding thirty (30)
22 days.
23 (b) The division shall require all child care centers or child care
24 homes to request whether the child's parent, guardian, or custodian
25 desires the center or home to include the child's name and birth date in
26 the reports described under subsection (a) before enrolling the child in
27 the center or home. No child's name or birth date may be included on
28 the report required under subsection (a) without the signed consent of
29 the child's parent, guardian, or custodian. The consent form must be in
30 the following form:
31 "I give my permission for _____________________ (name of day
32 care center or home) to report the name and birth date of my child
33 or children to the division of family resources pursuant to
34 IC 12-17.2-2-1.5.
35 Name of child ____________________________________
36 Birth date _______________________________________
37 Signature of parent, guardian, or custodian
38 _______________________________________________
39 Date ____________________________________________".
40 (c) The division shall submit a monthly report of the information
41 provided under subsection (a) to the Indiana clearinghouse for
42 information on missing children, missing veterans at risk, and missing
2023 IN 1104—LS 6479/DI 119 13
1 endangered adults established under IC 10-13-5.
2 (d) The division shall require that a person who transports children
3 who are in the care of the child care center on a public highway (as
4 defined in IC 9-25-2-4) within or outside Indiana in a vehicle designed
5 and constructed for the accommodation of more than ten (10)
6 passengers must comply with the same requirements set forth in
7 IC 20-27-9-12 for a public elementary or secondary school or a
8 preschool operated by a school corporation.
9 SECTION 21. IC 12-17.2-4-18.5, AS AMENDED BY P.L.43-2009,
10 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2023]: Sec. 18.5. (a) Upon receiving a report under
12 IC 31-36-1-4, a child care center shall thoroughly inspect the report. If
13 the child care center finds that a child on the report required under
14 IC 31-36-1-4 is enrolled at the child care center, the child care center
15 shall immediately notify the Indiana clearinghouse for information on
16 missing children, missing veterans at risk, and missing endangered
17 adults.
18 (b) Upon receiving a report under IC 31-36-1-4, a child care center
19 shall attach a notice to the child's enrollment records stating that the
20 child has been reported missing. The child care center shall remove the
21 notice when the center is notified under IC 31-36-2-6 that the child has
22 been found.
23 (c) If a request for the enrollment records of a missing child is
24 received, the child care center shall:
25 (1) obtain:
26 (A) the name, address, and telephone number of the person
27 making the request; and
28 (B) the reason that the person is requesting the school records;
29 and
30 (2) immediately notify the Indiana clearinghouse for information
31 on missing children, missing veterans at risk, and missing
32 endangered adults.
33 (d) The child care center may not issue a copy of the enrollment
34 records of a child reported missing without authorization from the
35 Indiana clearinghouse for information on missing children, missing
36 veterans at risk, and missing endangered adults and may not inform
37 the person making the request that a notice that the child has been
38 reported missing has been attached to the child's records.
39 SECTION 22. IC 12-17.2-5-18.6, AS AMENDED BY P.L.43-2009,
40 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2023]: Sec. 18.6. (a) Upon receiving a report under
42 IC 31-36-1-4, a child care home shall thoroughly inspect the report. If
2023 IN 1104—LS 6479/DI 119 14
1 the child care home finds that a child on the report required under
2 IC 31-36-1-4 is enrolled at the child care home, the child care home
3 shall immediately notify the Indiana clearinghouse for information on
4 missing children, missing veterans at risk, and missing endangered
5 adults.
6 (b) Upon receiving a report under IC 31-36-1-4, a child care home
7 shall attach a notice to the child's enrollment records stating that the
8 child has been reported missing. The child care home shall remove the
9 notice when the center is notified under IC 31-36-2-6 that the child has
10 been found.
11 (c) If a request for the enrollment records of a missing child is
12 received, the child care home shall:
13 (1) obtain:
14 (A) the name, address, and telephone number of the person
15 making the request; and
16 (B) the reason that the person is requesting the school records;
17 and
18 (2) immediately notify the Indiana clearinghouse for information
19 on missing children, missing veterans at risk, and missing
20 endangered adults.
21 (d) The child care home may not issue a copy of the enrollment
22 records of a child reported missing without authorization from the
23 Indiana clearinghouse for information on missing children, missing
24 veterans at risk, and missing endangered adults and may not inform
25 the person making the request that a notice that the child has been
26 reported missing has been attached to the child's records.
27 SECTION 23. IC 16-37-1-8, AS AMENDED BY P.L.43-2009,
28 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2023]: Sec. 8. (a) Except as provided in subsection (c), a local
30 health officer shall provide a certification of birth, death, or stillbirth
31 registration upon request by any person only if:
32 (1) the health officer is satisfied that the applicant has a direct
33 interest in the matter;
34 (2) the health officer determines that the certificate is necessary
35 for the determination of personal or property rights or for
36 compliance with state or federal law; and
37 (3) the applicant for a birth certificate presents at least one (1)
38 form of identification.
39 However, the local health officer must issue a certificate of an
40 applicant's own birth registration.
41 (b) A local health officer's decision whether or not to issue a
42 certified copy of a birth certificate is subject to review by a court.
2023 IN 1104—LS 6479/DI 119 15
1 (c) A local health officer may not issue a copy of a birth certificate
2 of a missing child to which a notice has been attached under
3 IC 10-13-5-11 without the authorization of the Indiana clearinghouse
4 for information on missing children, missing veterans at risk, and
5 missing endangered adults.
6 (d) Upon determination that a person may be provided a
7 certification of death under subsection (a), the local health officer shall
8 provide to the person a certification of death that excludes information
9 concerning the cause of death if the person requests the exclusion of
10 this information.
11 SECTION 24. IC 20-26-13-10, AS AMENDED BY P.L.32-2021,
12 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2023]: Sec. 10. (a) Except as provided in section 11 of this
14 chapter, the four (4) year graduation rate for a cohort in a high school
15 is the percentage determined under STEP FIVE of the following
16 formula:
17 STEP ONE: Determine the grade 9 enrollment at the beginning of
18 the reporting year three (3) years before the reporting year for
19 which the graduation rate is being determined.
20 STEP TWO: Add:
21 (A) the number determined under STEP ONE; and
22 (B) the number of students who:
23 (i) have enrolled in the high school after the date on which
24 the number determined under STEP ONE was determined;
25 and
26 (ii) have the same expected graduation year as the cohort.
27 STEP THREE: Subtract from the sum determined under STEP
28 TWO the number of students who have left the cohort for any of
29 the following reasons:
30 (A) Transfer to another public or nonpublic school.
31 (B) Except as provided in IC 20-33-2-28.6 and subsection (b),
32 removal by the student's parents under IC 20-33-2-28 to
33 provide instruction equivalent to that given in the public
34 schools.
35 (C) Withdrawal because of a long term medical condition or
36 death.
37 (D) Detention by a law enforcement agency or the department
38 of correction.
39 (E) Placement by a court order or the department of child
40 services.
41 (F) Enrollment in a virtual school.
42 (G) Leaving school, if the student attended school in Indiana
2023 IN 1104—LS 6479/DI 119 16
1 for less than one (1) school year and the location of the student
2 cannot be determined.
3 (H) Leaving school, if the location of the student cannot be
4 determined and the student has been reported to the Indiana
5 clearinghouse for information on missing children, missing
6 veterans at risk, and missing endangered adults.
7 (I) Withdrawing from school before graduation, if the student
8 is a high ability student (as defined in IC 20-36-1-3) who is a
9 full-time student at an accredited institution of higher
10 education during the semester in which the cohort graduates.
11 (J) Withdrawing from school before graduation pursuant to
12 providing notice of withdrawal under section 17 of this
13 chapter.
14 (K) Participating in the high school equivalency pilot program
15 under IC 20-30-8.5, unless the student fails to successfully
16 complete the high school equivalency pilot program in the two
17 (2) year period. This clause expires June 30, 2024.
18 STEP FOUR: Determine the total number of students determined
19 under STEP TWO who have graduated during the current
20 reporting year or a previous reporting year.
21 STEP FIVE: Divide:
22 (A) the number determined under STEP FOUR; by
23 (B) the remainder determined under STEP THREE.
24 (b) This subsection applies to a high school in which:
25 (1) for a:
26 (A) cohort of one hundred (100) students or less, at least ten
27 percent (10%) of the students left a particular cohort for a
28 reason described in subsection (a) STEP THREE clause (B);
29 or
30 (B) cohort of more than one hundred (100) students, at least
31 five percent (5%) of the students left a particular cohort for a
32 reason described in subsection (a) STEP THREE clause (B);
33 and
34 (2) the students described in subdivision (1)(A) or (1)(B) are not
35 on track to graduate with their cohort.
36 A high school must submit a request to the state board in a manner
37 prescribed by the state board requesting that the students described in
38 this subsection be included in the subsection (a) STEP THREE
39 calculation. The state board shall review the request and may grant or
40 deny the request. The state board shall deny the request unless the high
41 school demonstrates good cause to justify that the students described
42 in this subsection should be included in the subsection (a) STEP
2023 IN 1104—LS 6479/DI 119 17
1 THREE calculation. If the state board denies the request the high
2 school may not subtract the students described in this subsection under
3 subsection (a) STEP THREE.
4 SECTION 25. IC 20-33-2-10, AS AMENDED BY P.L.32-2021,
5 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2023]: Sec. 10. (a) Each public school shall and each private
7 school may require a student who initially enrolls in the school to
8 provide:
9 (1) the name and address of the school the student last attended;
10 and
11 (2) a certified copy of the student's birth certificate or other
12 reliable proof of the student's date of birth.
13 (b) Each public school, charter school, and nonpublic school with
14 at least one (1) employee shall provide upon request of another school
15 a copy of a particular student's disciplinary records that are relevant to
16 the safety of students, if the particular student currently attends the
17 requesting school and is currently enrolled in the requesting school.
18 (c) Not more than fourteen (14) days after initial enrollment in a
19 school, the school shall request the student's records from the school
20 the student last attended.
21 (d) If the document described in subsection (a)(2):
22 (1) is not provided to the school not more than thirty (30) days
23 after the student's enrollment; or
24 (2) appears to be inaccurate or fraudulent;
25 the school shall notify the Indiana clearinghouse for information on
26 missing children, missing veterans at risk, and missing endangered
27 adults established under IC 10-13-5-5 and determine if the student has
28 been reported missing.
29 (e) A school in Indiana receiving a request for records shall send the
30 records promptly to the requesting school. However, if a request is
31 received for records to which a notice has been attached under
32 IC 31-36-1-5 (or IC 31-6-13-6 before its repeal), the school:
33 (1) shall immediately notify the Indiana clearinghouse for
34 information on missing children, missing veterans at risk, and
35 missing endangered adults;
36 (2) may not send the school records without the authorization of
37 the clearinghouse; and
38 (3) may not inform the requesting school that a notice under
39 IC 31-36-1-5 (or IC 31-6-13-6 before its repeal) has been attached
40 to the records.
41 (f) Notwithstanding subsection (e), if a parent of a child who has
42 enrolled in a state accredited nonpublic school is in breach of a contract
2023 IN 1104—LS 6479/DI 119 18
1 that conditions release of student records on the payment of
2 outstanding tuition and other fees, the state accredited nonpublic school
3 shall provide a requesting school sufficient verbal information to
4 permit the requesting school to make an appropriate placement
5 decision regarding the child. However, the state accredited nonpublic
6 school must provide the information described in subsection (b) to the
7 requesting school.
8 SECTION 26. IC 31-34-2-5, AS AMENDED BY P.L.43-2009,
9 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2023]: Sec. 5. If a child in need of services is a missing child
11 and is taken into custody under a court order, the person taking the
12 child into custody shall do the following:
13 (1) Take the child to a place designated in the order.
14 (2) Give notice to the following that the child has been taken into
15 custody:
16 (A) The child's legal custodian.
17 (B) The clearinghouse for information on missing children,
18 missing veterans at risk, and missing endangered adults
19 established by IC 10-13-5.
20 SECTION 27. IC 31-34-2.5-2, AS AMENDED BY P.L.43-2009,
21 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2023]: Sec. 2. (a) Immediately after an emergency medical
23 services provider takes custody of a child under section 1 of this
24 chapter, the provider shall notify the department of child services that
25 the provider has taken custody of the child.
26 (b) The department of child services shall:
27 (1) assume the care, control, and custody of the child immediately
28 after receiving notice under subsection (a); and
29 (2) not later than forty-eight (48) hours after the department of
30 child services has taken custody of the child, contact the Indiana
31 clearinghouse for information on missing children, missing
32 veterans at risk, and missing endangered adults established by
33 IC 10-13-5-5 to determine if the child has been reported missing.
34 SECTION 28. IC 31-36-1-3, AS AMENDED BY P.L.183-2017,
35 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2023]: Sec. 3. Upon completion of the report required by
37 section 1 of this chapter, the law enforcement agency shall immediately
38 forward the contents of the report to:
39 (1) all law enforcement agencies that have jurisdiction of the
40 location in which the missing child lives and all law enforcement
41 agencies that have jurisdiction of the location in which the
42 missing child was last seen;
2023 IN 1104—LS 6479/DI 119 19
1 (2) all law enforcement agencies to which the person who
2 provided notification requests the report be sent, if the law
3 enforcement agency determines that the request is reasonable in
4 light of the information contained in the report;
5 (3) all law enforcement agencies that request a copy of the report;
6 (4) the Indiana clearinghouse for information on missing children,
7 missing veterans at risk, and missing endangered adults
8 established by IC 10-13-5;
9 (5) the Indiana data and communication system (IDACS);
10 (6) the National Crime Information Center's Missing Person File;
11 and
12 (7) the department.
13 SECTION 29. IC 31-36-1-5, AS AMENDED BY P.L.43-2009,
14 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2023]: Sec. 5. (a) Upon receiving a report under section 4 of
16 this chapter, a school shall attach a notice to the child's school records
17 stating that the child has been reported missing. The school shall
18 remove the notice when the school is notified under IC 31-36-2-6 that
19 the child has been found.
20 (b) If a request for the school records of a missing child is received,
21 the school shall:
22 (1) obtain:
23 (A) the name, address, and telephone number of the person
24 making the request; and
25 (B) the reason that the person is requesting the school records;
26 and
27 (2) immediately notify the Indiana clearinghouse for information
28 on missing children, missing veterans at risk, and missing
29 endangered adults.
30 (c) The school may not issue a copy of school records without
31 authorization from the Indiana clearinghouse for information on
32 missing children, missing veterans at risk, and missing endangered
33 adults and may not inform the person making the request that a notice
34 that the child has been reported missing has been attached to the child's
35 records.
36 SECTION 30. IC 31-36-2-2, AS AMENDED BY P.L.43-2009,
37 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2023]: Sec. 2. A law enforcement agency involved in the
39 investigation of a missing child shall do the following:
40 (1) Update the initial report filed by the agency that received
41 notification of the missing child upon the discovery of new
42 information concerning the investigation.
2023 IN 1104—LS 6479/DI 119 20
1 (2) Forward the updated report to the agencies and organizations
2 listed in IC 31-36-1-3.
3 (3) Search the National Crime Information Center's Wanted
4 Person File for reports of arrest warrants issued for persons who
5 allegedly abducted or unlawfully retained children and compare
6 these reports to the missing child's National Crime Information
7 Center's Missing Person File.
8 (4) Notify all law enforcement agencies involved in the
9 investigation, the Indiana clearinghouse for information on
10 missing children, missing veterans at risk, and missing
11 endangered adults, and the National Crime Information Center
12 when the missing child is located.
13 SECTION 31. IC 34-30-2.1-116, AS ADDED BY P.L.105-2022,
14 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2023]: Sec. 116. IC 10-13-5-8.5 (Concerning a broadcaster
16 who broadcasts or an electronic billboard operator who displays an
17 Amber alert notification, green alert notification, or silver alert
18 notification and a person who establishes or maintains an Amber alert
19 web site website, green alert website, or silver alert web site website
20 under an agreement with the state police department).
21 SECTION 32. IC 34-30-2.1-136, AS ADDED BY P.L.105-2022,
22 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2023]: Sec. 136. IC 12-10-18-6 (Concerning a broadcaster or
24 newspaper that receives a report concerning an a missing endangered
25 adult medical alert or missing veteran at risk alert).
26 SECTION 33. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021,
27 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2023]: Sec. 3. (a) As used in this section, "consumer product"
29 has the meaning set forth in IC 35-45-8-1.
30 (b) As used in this section, "misconduct" means a violation of a
31 departmental rule or procedure of a law enforcement agency.
32 (c) A person who reports that:
33 (1) the person or another person has placed or intends to place an
34 explosive, a destructive device, or other destructive substance in
35 a building or transportation facility;
36 (2) there has been or there will be tampering with a consumer
37 product introduced into commerce; or
38 (3) there has been or will be placed or introduced a weapon of
39 mass destruction in a building or a place of assembly;
40 knowing the report to be false, commits false reporting, a Level 6
41 felony.
42 (d) A person who:
2023 IN 1104—LS 6479/DI 119 21
1 (1) gives:
2 (A) a false report of the commission of a crime; or
3 (B) false information to a law enforcement officer that relates
4 to the commission of a crime;
5 knowing the report or information to be false;
6 (2) gives a false alarm of fire to the fire department of a
7 governmental entity, knowing the alarm to be false;
8 (3) makes a false request for ambulance service to an ambulance
9 service provider, knowing the request to be false;
10 (4) gives a false report concerning a missing child (as defined in
11 IC 10-13-5-4), missing veteran at risk (as defined in
12 IC 12-7-2-197.3), or missing endangered adult (as defined in
13 IC 12-7-2-131.3) or gives false information to a law enforcement
14 officer or a governmental entity that relates to a missing child,
15 missing veteran at risk, or missing endangered adult knowing
16 the report or information to be false;
17 (5) makes a complaint against a law enforcement officer to the
18 state or municipality (as defined in IC 8-1-13-3(b)) that employs
19 the officer:
20 (A) alleging the officer engaged in misconduct while
21 performing the officer's duties; and
22 (B) knowing the complaint to be false;
23 (6) makes a false report of a missing person, knowing the report
24 or information is false;
25 (7) gives a false report of actions, behavior, or conditions
26 concerning:
27 (A) a septic tank soil absorption system under IC 8-1-2-125 or
28 IC 13-26-5-2.5; or
29 (B) a septic tank soil absorption system or constructed wetland
30 septic system under IC 36-9-23-30.1;
31 knowing the report or information to be false; or
32 (8) makes a false report that a person is dangerous (as defined in
33 IC 35-47-14-1) knowing the report or information to be false;
34 commits false informing, a Class B misdemeanor. However, the offense
35 is a Class A misdemeanor if it substantially hinders any law
36 enforcement process or if it results in harm to another person.
2023 IN 1104—LS 6479/DI 119