Indiana 2023 Regular Session

Indiana House Bill HB1198 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB1198.1~~
2		-	~~January 26, 2023~~
	1	+
	2	+	Introduced Version
3	3		HOUSE BILL No. 1198
4	4		_____
5		-	DIGEST OF HB 1198 (Updated January 25, 2023 12:20 pm - DI 106)
6		-	Citations Affected: IC 16-41; IC 35-31.5; IC 35-42; IC 35-45;
7		-	IC 35-52.
8		-	Synopsis: Serious communicable diseases. Removes certain
9		-	sentencing enhancements for battery and malicious mischief that relate
10		-	to human immunodeficiency virus (HIV). Repeals certain offenses
11		-	concerning the donation, sale, or transfer of blood or semen that
12		-	contains HIV. Defines "responding safety officer" and makes battery
13		-	by body waste a Level 5 felony if committed against a responding
14		-	safety officer and certain other circumstances apply. Makes it a Level
15		-	6 felony for a person with a serious communicable disease who is not
16		-	in compliance with a treatment plan to engage in a high risk activity
17		-	with another person and not inform the other person of the disease.
18		-	Makes conforming amendments.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 16-41; IC 35-31.5-2-152.5; IC 35-42-2-1;
	7	+	IC 35-45; IC 35-52-16-58.
	8	+	Synopsis: Serious communicable diseases. Removes sentencing
	9	+	enhancements for battery and malicious mischief that relate to human
	10	+	immunodeficiency virus (HIV). Repeals certain offenses concerning
	11	+	the donation, sale, or transfer of blood or semen that contains HIV.
	12	+	Provides that a person with a communicable disease who knowingly or
	13	+	intentionally violates or fails to inform a person at risk with the intent
	14	+	to pose a serious and present risk to the health of the other person
	15	+	commits a Level 6 felony. Makes conforming amendments.
19	16		Effective: July 1, 2023.
20	17		McNamara, Clere, Negele,
21	18		Vermilion
22	19		January 10, 2023, read first time and referred to Committee on Courts and Criminal Code.
23		-	January 26, 2023, amended, reported — Do Pass.
24		-	HB 1198—LS 6672/DI 139 January 26, 2023
	20	+	2023 IN 1198—LS 6672/DI 139 Introduced
25	21		First Regular Session of the 123rd General Assembly (2023)
26	22		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	23		Constitution) is being amended, the text of the existing provision will appear in this style type,
28	24		additions will appear in this style type, and deletions will appear in this style type.
29	25		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	26		provision adopted), the text of the new provision will appear in this style type. Also, the
31	27		word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	28		a new provision to the Indiana Code or the Indiana Constitution.
33	29		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	30		between statutes enacted by the 2022 Regular Session of the General Assembly.
35	31		HOUSE BILL No. 1198
36	32		A BILL FOR AN ACT to amend the Indiana Code concerning
37	33		criminal law and procedure.
38	34		Be it enacted by the General Assembly of the State of Indiana:
39	35		1 SECTION 1. IC 16-41-8-1, AS AMENDED BY P.L.130-2021,
40	36		2 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41	37		3 JULY 1, 2023]: Sec. 1. (a) As used in this chapter, "potentially disease
42	38		4 transmitting offense" means any of the following:
43	39		5 (1) Battery (IC 35-42-2-1) or domestic battery (IC 35-42-2-1.3)
44	40		6 involving placing a bodily fluid or waste on another person.
45	41		7 (2) An offense relating to a criminal sexual act (as defined in
46	42		8 IC 35-31.5-2-216), if sexual intercourse or other sexual conduct
47	43		9 (as defined in IC 35-31.5-2-221.5) occurred.
48	44		10 The term includes an attempt to commit an offense, if sexual
49	45		11 intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5)
50	46		12 occurred, and a delinquent act that would be a crime if committed by
51	47		13 an adult.
52	48		14 (b) Except as provided in this chapter, a person may not disclose or
53	49		15 be compelled to disclose medical or epidemiological information
54	50		16 involving a communicable disease or other serious disease (as set forth
55	51		17 in the list published under IC 16-41-2-1). This information may not be
56		-	HB 1198—LS 6672/DI 139 2
	52	+	2023 IN 1198—LS 6672/DI 139 2
57	53		1 released or made public upon subpoena or otherwise, except under the
58	54		2 following circumstances:
59	55		3 (1) Release may be made of medical or epidemiologic information
60	56		4 for statistical purposes if done in a manner that does not identify
61	57		5 an individual.
62	58		6 (2) Release may be made of medical or epidemiologic information
63	59		7 with the written consent of all individuals identified in the
64	60		8 information released.
65	61		9 (3) Release may be made of medical or epidemiologic information
66	62		10 to the extent necessary to enforce public health laws, laws
67	63		11 described in IC 31-37-19-4 through IC 31-37-19-6, IC 31-37-19-9
68	64		12 through IC 31-37-19-10, IC 31-37-19-12 through IC 31-37-19-23,
69	65		13 IC 35-38-1-7.1, and IC 35-45-21-1 (before its repeal) or to
70	66		14 protect the health or life of a named party.
71	67		15 (4) Release may be made of the medical information of a person
72	68		16 in accordance with this chapter.
73	69		17 (5) Release may be made of the medical information or
74	70		18 epidemiologic information of a person to an Indiana nonprofit
75	71		19 entity that performs health data services for health care providers
76	72		20 if the state department:
77	73		21 (A) determines that the release is necessary as part of a
78	74		22 response to a public health event, including an outbreak,
79	75		23 epidemic, or pandemic; and
80	76		24 (B) executes a data use agreement with the entity that specifies
81	77		25 the permitted use and disclosure of any released information.
82	78		26 (c) Except as provided in this chapter, a person responsible for
83	79		27 recording, reporting, or maintaining information required to be reported
84	80		28 under IC 16-41-2 who recklessly, knowingly, or intentionally discloses
85	81		29 or fails to protect medical or epidemiologic information classified as
86	82		30 confidential under this section commits a Class A misdemeanor.
87	83		31 (d) In addition to subsection (c), a public employee who violates this
88	84		32 section is subject to discharge or other disciplinary action under the
89	85		33 personnel rules of the agency that employs the employee.
90	86		34 (e) Release shall be made of the medical records concerning an
91	87		35 individual to:
92	88		36 (1) the individual;
93	89		37 (2) a person authorized in writing by the individual to receive the
94	90		38 medical records; or
95	91		39 (3) a coroner under IC 36-2-14-21.
96	92		40 (f) An individual may voluntarily disclose information about the
97	93		41 individual's communicable disease.
98	94		42 (g) The provisions of this section regarding confidentiality apply to
99		-	HB 1198—LS 6672/DI 139 3
	95	+	2023 IN 1198—LS 6672/DI 139 3
100	96		1 information obtained under IC 16-41-1 through IC 16-41-16.
101	97		2 SECTION 2. IC 16-41-12-15, AS AMENDED BY P.L.133-2020,
102	98		3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
103	99		4 JULY 1, 2023]: Sec. 15. (a) A blood center shall require a blood donor
104	100		5 to provide to the blood center the following information:
105	101		6 (1) Name.
106	102		7 (2) Address.
107	103		8 (3) Date of birth.
108	104		9 (4) The blood donor's Social Security number, if the blood donor
109	105		10 is receiving monetary compensation for the donation.
110	106		11 (b) A blood center shall report the name and address of a blood
111	107		12 donor to the state department when a confirmatory test of the blood
112	108		13 donor's blood confirms the presence of antibodies to the human
113	109		14 immunodeficiency virus (HIV).
114	110		15 (c) A blood center shall provide to a blood donor information to
115	111		16 enable the blood donor to give informed consent to the procedures
116	112		17 required by this chapter or IC 16-36. The information required by this
117	113		18 subsection must be in the following form:
118	114		19 NOTICE
119	115		20 (1) This blood center performs a screening test for the human
120	116		21 immunodeficiency virus (HIV) on every donor's blood.
121	117		22 (2) This blood center reports to the state department of health the
122	118		23 name and address of a blood donor when a confirmatory test of
123	119		24 the blood donor's blood confirms the presence of antibodies to the
124	120		25 human immunodeficiency virus (HIV).
125	121		26 (3) A person who recklessly, knowingly, or intentionally donates
126	122		27 (excluding self-donations for stem cell transplantation, other
127	123		28 autologous donations, or donations not intended by the blood
128	124		29 center for distribution or use), sells, or transfers blood that
129	125		30 contains antibodies for the human immunodeficiency virus (HIV)
130	126		31 commits a criminal offense as described in IC 35-45-21-1.
131	127		32 SECTION 3. IC 16-41-14-13, AS AMENDED BY P.L.133-2020,
132	128		33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
133	129		34 JULY 1, 2023]: Sec. 13. A practitioner shall provide information to a
134	130		35 semen donor to enable the semen donor to give informed consent to the
135	131		36 procedures required by this chapter. The information required by this
136	132		37 section must be in the following form:
137	133		38 NOTICE
138	134		39 (1) This facility performs a screening test for the human
139	135		40 immunodeficiency virus (HIV) on every donor's blood.
140	136		41 (2) This facility reports to the state department of health the name
141	137		42 and address of a semen donor or recipient when a confirmatory
142		-	HB 1198—LS 6672/DI 139 4
	138	+	2023 IN 1198—LS 6672/DI 139 4
143	139		1 test of the semen donor's blood or the recipient's blood confirms
144	140		2 the presence of antibodies to the human immunodeficiency virus
145	141		3 (HIV).
146	142		4 (3) A person who, for the purpose of artificial insemination,
147	143		5 recklessly, knowingly, or intentionally donates, sells, or transfers
148	144		6 semen that contains antibodies for the human immunodeficiency
149	145		7 virus (HIV) commits a criminal offense as described in
150	146		8 IC 35-45-21-1.
151	147		9 SECTION 4. IC 16-41-14-17 IS REPEALED [EFFECTIVE JULY
152	148		10 1, 2023]. Sec. 17. (a) This section does not apply to a person who
153	149		11 transfers for research purposes semen that contains antibodies for the
154	150		12 human immunodeficiency virus (HIV).
155	151		13 (b) A person who, for the purpose of artificial insemination,
156	152		14 recklessly, knowingly, or intentionally donates, sells, or transfers semen
157	153		15 that contains antibodies for the human immunodeficiency virus (HIV)
158	154		16 commits transferring contaminated semen, a Level 5 felony. The
159	155		17 offense is a Level 4 felony if the offense results in the transmission of
160	156		18 the virus to another person.
161	157		19 SECTION 5. IC 35-31.5-2-152.5 IS REPEALED [EFFECTIVE
162	158		20 JULY 1, 2023]. Sec. 152.5. "HIV", for purposes of IC 35-45-16, has the
163	159		21 meaning set forth in IC 35-45-16-1.
164	160		22 SECTION 6. IC 35-42-2-1, AS AMENDED BY P.L.142-2020,
165	161		23 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
166	162		24 JULY 1, 2023]: Sec. 1. (a) As used in this section, "public safety
167	163		25 official" means:
168	164		26 (1) a law enforcement officer, including an alcoholic beverage
169	165		27 enforcement officer;
170	166		28 (2) an employee of a penal facility or a juvenile detention facility
171	167		29 (as defined in IC 31-9-2-71);
172	168		30 (3) an employee of the department of correction;
173	169		31 (4) a probation officer;
174	170		32 (5) a parole officer;
175	171		33 (6) a community corrections worker;
176	172		34 (7) a home detention officer;
177	173		35 (8) a department of child services employee;
178	174		36 (9) a firefighter;
179	175		37 (10) an emergency medical services provider;
180	176		38 (11) a judicial officer;
181	177		39 (12) a bailiff of any court; or
182	178		40 (13) a special deputy (as described in IC 36-8-10-10.6).
183	179		41 (b) As used in this section, "relative" means an individual related by
184	180		42 blood, half-blood, adoption, marriage, or remarriage, including:
185		-	HB 1198—LS 6672/DI 139 5
	181	+	2023 IN 1198—LS 6672/DI 139 5
186	182		1 (1) a spouse;
187	183		2 (2) a parent or stepparent;
188	184		3 (3) a child or stepchild;
189	185		4 (4) a grandchild or stepgrandchild;
190	186		5 (5) a grandparent or stepgrandparent;
191	187		6 (6) a brother, sister, stepbrother, or stepsister;
192	188		7 (7) a niece or nephew;
193	189		8 (8) an aunt or uncle;
194	190		9 (9) a daughter-in-law or son-in-law;
195	191		10 (10) a mother-in-law or father-in-law; or
196	192		11 (11) a first cousin.
197	193		12 (c) Except as provided in subsections (d) through (k), a person who
198	194		13 knowingly or intentionally:
199	195		14 (1) touches another person in a rude, insolent, or angry manner;
200	196		15 or
201	197		16 (2) in a rude, insolent, or angry manner places any bodily fluid or
202	198		17 waste on another person;
203	199		18 commits battery, a Class B misdemeanor.
204	200		19 (d) The offense described in subsection (c)(1) or (c)(2) is a Class A
205	201		20 misdemeanor if it:
206	202		21 (1) results in bodily injury to any other person; or
207	203		22 (2) is committed against a member of a foster family home (as
208	204		23 defined in IC 35-31.5-2-139.3) by a person who is not a resident
209	205		24 of the foster family home if the person who committed the offense
210	206		25 is a relative of a person who lived in the foster family home at the
211	207		26 time of the offense.
212	208		27 (e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
213	209		28 felony if one (1) or more of the following apply:
214	210		29 (1) The offense results in moderate bodily injury to any other
215	211		30 person.
216	212		31 (2) The offense is committed against a public safety official while
217	213		32 the official is engaged in the official's official duty.
218	214		33 (3) The offense is committed against a person less than fourteen
219	215		34 (14) years of age and is committed by a person at least eighteen
220	216		35 (18) years of age.
221	217		36 (4) The offense is committed against a person of any age who has
222	218		37 a mental or physical disability and is committed by a person
223	219		38 having the care of the person with the mental or physical
224	220		39 disability, whether the care is assumed voluntarily or because of
225	221		40 a legal obligation.
226	222		41 (5) The offense is committed against an endangered adult (as
227	223		42 defined in IC 12-10-3-2).
228		-	HB 1198—LS 6672/DI 139 6
	224	+	2023 IN 1198—LS 6672/DI 139 6
229	225		1 (6) The offense:
230	226		2 (A) is committed against a member of a foster family home (as
231	227		3 defined in IC 35-31.5-2-139.3) by a person who is not a
232	228		4 resident of the foster family home if the person who committed
233	229		5 the offense is a relative of a person who lived in the foster
234	230		6 family home at the time of the offense; and
235	231		7 (B) results in bodily injury to the member of the foster family.
236	232		8 (f) The offense described in subsection (c)(2) is a Level 6 felony if
237	233		9 the person knew or recklessly failed to know that the bodily fluid or
238	234		10 waste placed on another person was infected with hepatitis or
239	235		11 tuberculosis. or human immunodeficiency virus.
240	236		12 (g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
241	237		13 felony if one (1) or more of the following apply:
242	238		14 (1) The offense results in serious bodily injury to another person.
243	239		15 (2) The offense is committed with a deadly weapon.
244	240		16 (3) The offense results in bodily injury to a pregnant woman if the
245	241		17 person knew of the pregnancy.
246	242		18 (4) The person has a previous conviction for a battery offense
247	243		19 included in this chapter against the same victim.
248	244		20 (5) The offense results in bodily injury to one (1) or more of the
249	245		21 following:
250	246		22 (A) A public safety official while the official is engaged in the
251	247		23 official's official duties.
252	248		24 (B) A person less than fourteen (14) years of age if the offense
253	249		25 is committed by a person at least eighteen (18) years of age.
254	250		26 (C) A person who has a mental or physical disability if the
255	251		27 offense is committed by an individual having care of the
256	252		28 person with the disability, regardless of whether the care is
257	253		29 assumed voluntarily or because of a legal obligation.
258	254		30 (D) An endangered adult (as defined in IC 12-10-3-2).
259	255		31 (h) The offense described in subsection (c)(2) is a Level 5 felony if:
260	256		32 (1) the person knew or recklessly failed to know that the bodily
261	257		33 fluid or waste placed on another person was infected with
262	258		34 hepatitis or tuberculosis; or human immunodeficiency virus; and
263	259		35 (2) the person placed the bodily fluid or waste on a public safety
264	260		36 official.
265	261		37 (i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
266	262		38 felony if it results in serious bodily injury to an endangered adult (as
267	263		39 defined in IC 12-10-3-2).
268	264		40 (j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
269	265		41 felony if it results in serious bodily injury to a person less than fourteen
270	266		42 (14) years of age if the offense is committed by a person at least
271		-	HB 1198—LS 6672/DI 139 7
	267	+	2023 IN 1198—LS 6672/DI 139 7
272	268		1 eighteen (18) years of age.
273	269		2 (k) The offense described in subsection (c)(1) or (c)(2) is a Level 2
274	270		3 felony if it results in the death of one (1) or more of the following:
275	271		4 (1) A person less than fourteen (14) years of age if the offense is
276	272		5 committed by a person at least eighteen (18) years of age.
277	273		6 (2) An endangered adult (as defined in IC 12-10-3-2).
278		-	7 (l) As used in this subsection, "responding safety officer" means
279		-	8 the following:
280		-	9 (1) A law enforcement officer.
281		-	10 (2) An employee of a penal facility or a juvenile detention
282		-	11 facility (as defined in IC 31-9-2-71).
283		-	12 (3) An employee of the department of correction.
284		-	13 (4) A firefighter.
285		-	14 (5) A community corrections worker.
286		-	15 (6) An emergency medical services provider.
287		-	16 (7) A judicial officer.
288		-	17 (8) A special deputy (as described in IC 36-8-10-10.6).
289		-	18 The offense described in subsection (c)(2) is a Level 5 felony if the
290		-	19 person placed a bodily fluid (as defined in IC 35-45-16-2(a)(1)) on
291		-	20 a responding safety officer, and the person knew or recklessly
292		-	21 failed to know that the bodily fluid was infected with hepatitis,
293		-	22 tuberculosis, or human immunodeficiency virus.
294		-	23 SECTION 7. IC 35-45-16-1 IS REPEALED [EFFECTIVE JULY 1,
295		-	24 2023]. Sec. 1. As used in this chapter, "HIV" refers to the human
296		-	25 immunodeficiency virus.
297		-	26 SECTION 8. IC 35-45-16-2, AS AMENDED BY P.L.158-2013,
298		-	27 SECTION 545, IS AMENDED TO READ AS FOLLOWS
299		-	28 [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) As used in this section, "body
300		-	29 fluid" means:
301		-	30 (1) blood;
302		-	31 (2) saliva;
303		-	32 (3) sputum;
304		-	33 (4) semen;
305		-	34 (5) vaginal secretions;
306		-	35 (6) human milk;
307		-	36 (7) urine;
308		-	37 (8) sweat;
309		-	38 (9) tears;
310		-	39 (10) any other liquid produced by the body; or
311		-	40 (11) any aerosol generated form of liquids listed in this
312		-	41 subsection.
313		-	42 (b) As used in this section, "infectious hepatitis" means:
314		-	HB 1198—LS 6672/DI 139 8
315		-	1 (1) hepatitis A;
316		-	2 (2) hepatitis B;
317		-	3 (3) hepatitis C;
318		-	4 (4) hepatitis D;
319		-	5 (5) hepatitis E; or
320		-	6 (6) hepatitis G.
321		-	7 (c) A person who recklessly, knowingly, or intentionally places
322		-	8 human:
323		-	9 (1) body fluid; or
324		-	10 (2) fecal waste;
325		-	11 in a location with the intent that another person will involuntarily touch
326		-	12 the body fluid or fecal waste commits malicious mischief, a Class B
327		-	13 misdemeanor.
328		-	14 (d) An offense described in subsection (c) is a:
329		-	15 (1) Level 6 felony if the person knew or recklessly failed to know
330		-	16 that the body fluid or fecal waste was infected with:
331		-	17 (A) infectious hepatitis; or
332		-	18 (B) HIV; or
333		-	19 (C) (B) tuberculosis; and
334		-	20 (2) Level 5 felony if:
335		-	21 (A) the person knew or recklessly failed to know that the body
336		-	22 fluid or fecal waste was infected with infectious hepatitis and
337		-	23 the offense results in the transmission of infectious hepatitis to
338		-	24 the other person; or
339		-	25 (B) the person knew or recklessly failed to know that the body
340		-	26 fluid or fecal waste was infected with tuberculosis and the
341		-	27 offense results in the transmission of tuberculosis to the other
342		-	28 person. and
343		-	29 (3) Level 4 felony if:
344		-	30 (A) the person knew or recklessly failed to know that the body
345		-	31 fluid or fecal waste was infected with HIV; and
346		-	32 (B) the offense results in the transmission of HIV to the other
347		-	33 person.
348		-	34 (e) A person who recklessly, knowingly, or intentionally places
349		-	35 human:
350		-	36 (1) body fluid; or
351		-	37 (2) fecal waste;
352		-	38 in a location with the intent that another person will ingest the body
353		-	39 fluid or fecal waste commits malicious mischief with food, a Class A
354		-	40 misdemeanor.
355		-	41 (f) An offense described in subsection (e) is:
356		-	42 (1) a Level 6 felony if the person knew or recklessly failed to
357		-	HB 1198—LS 6672/DI 139 9
358		-	1 know that the body fluid or fecal waste was infected with:
359		-	2 (A) infectious hepatitis; or
360		-	3 (B) HIV; or
361		-	4 (C) (B) tuberculosis; and
362		-	5 (2) a Level 5 felony if:
363		-	6 (A) the person knew or recklessly failed to know that the body
364		-	7 fluid or fecal waste was infected with infectious hepatitis and
365		-	8 the offense results in the transmission of infectious hepatitis to
366		-	9 the other person; or
367		-	10 (B) the person knew or recklessly failed to know that the body
368		-	11 fluid or fecal waste was infected with tuberculosis and the
369		-	12 offense results in the transmission of tuberculosis to the other
370		-	13 person. and
371		-	14 (3) a Level 4 felony if:
372		-	15 (A) the person knew or recklessly failed to know that the body
373		-	16 fluid or fecal waste was infected with HIV; and
374		-	17 (B) the offense results in the transmission of HIV to the other
375		-	18 person.
376		-	19 SECTION 9. IC 35-45-21-1 IS REPEALED [EFFECTIVE JULY 1,
377		-	20 2023]. Sec. 1. (a) As used in this section, "blood" has the meaning set
378		-	21 forth in IC 16-41-12-2.5.
379		-	22 (b) A person who recklessly, knowingly, or intentionally donates,
380		-	23 sells, or transfers blood or semen for artificial insemination (as defined
381		-	24 in IC 16-41-14-2) that contains the human immunodeficiency virus
382		-	25 (HIV) commits transferring contaminated body fluids, a Level 5 felony.
383		-	26 (c) However, the offense under subsection (b) is a Level 3 felony if
384		-	27 it results in the transmission of the human immunodeficiency virus
385		-	28 (HIV) to any person other than the defendant.
386		-	29 (d) This section does not apply to:
387		-	30 (1) a person who, for reasons of privacy, donates, sells, or
388		-	31 transfers blood at a blood center (as defined in IC 16-41-12-3)
389		-	32 after the person has notified the blood center that the blood must
390		-	33 be disposed of and may not be used for any purpose;
391		-	34 (2) a person who transfers blood semen, or another body fluid that
392		-	35 contains the human immunodeficiency virus (HIV) for research
393		-	36 purposes; or
394		-	37 (3) a person who is an autologous blood donor for stem cell
395		-	38 transplantation.
396		-	39 SECTION 10. IC 35-45-21-3, AS ADDED BY P.L.158-2013,
397		-	40 SECTION 547, IS AMENDED TO READ AS FOLLOWS
398		-	41 [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) A person who recklessly
399		-	42 violates or fails to comply with IC 16-41-7 commits a Class B
400		-	HB 1198—LS 6672/DI 139 10
401		-	1 misdemeanor.
402		-	2 (b) A person who knowingly or intentionally violates or fails to
403		-	3 comply with IC 16-41-7-1 commits a Level 6 felony.
404		-	4 (c) Each day a violation described in this section continues
405		-	5 constitutes a separate offense.
406		-	6 Sec. 3. A person who, knowing that the person has a serious
407		-	7 communicable disease (as described in IC 16-41-7-1(a)) and who is
408		-	8 not in compliance with a physician directed treatment plan,
409		-	9 knowingly or intentionally:
410		-	10 (1) engages in high risk activity (as defined by
411		-	11 IC 16-41-7-1(b)) with another person; and
412		-	12 (2) fails to inform the other person that the person has a
413		-	13 serious communicable disease;
414		-	14 commits a Level 6 felony.
415		-	15 SECTION 11. IC 35-52-16-58 IS REPEALED [EFFECTIVE JULY
416		-	16 1, 2023]. Sec. 58. IC 16-41-14-17 defines a crime concerning
417		-	17 communicable diseases.
418		-	HB 1198—LS 6672/DI 139 11
419		-	COMMITTEE REPORT
420		-	Mr. Speaker: Your Committee on Courts and Criminal Code, to
421		-	which was referred House Bill 1198, has had the same under
422		-	consideration and begs leave to report the same back to the House with
423		-	the recommendation that said bill be amended as follows:
424		-	Page 7, between lines 6 and 7, begin a new paragraph and insert:
425		-	"(l) As used in this subsection, "responding safety officer"
426		-	means the following:
427		-	(1) A law enforcement officer.
428		-	(2) An employee of a penal facility or a juvenile detention
429		-	facility (as defined in IC 31-9-2-71).
430		-	(3) An employee of the department of correction.
431		-	(4) A firefighter.
432		-	(5) A community corrections worker.
433		-	(6) An emergency medical services provider.
434		-	(7) A judicial officer.
435		-	(8) A special deputy (as described in IC 36-8-10-10.6).
436		-	The offense described in subsection (c)(2) is a Level 5 felony if the
437		-	person placed a bodily fluid (as defined in IC 35-45-16-2(a)(1)) on
438		-	a responding safety officer, and the person knew or recklessly
439		-	failed to know that the bodily fluid was infected with hepatitis,
440		-	tuberculosis, or human immunodeficiency virus.".
441		-	Page 9, delete lines 23 through 33, begin a new paragraph and
442		-	insert:
443		-	"SECTION 10. IC 35-45-21-3, AS ADDED BY P.L.158-2013,
444		-	SECTION 547, IS AMENDED TO READ AS FOLLOWS
445		-	[EFFECTIVE JULY 1, 2023]: Sec. 3. (a) A person who recklessly
446		-	violates or fails to comply with IC 16-41-7 commits a Class B
447		-	misdemeanor.
448		-	(b) A person who knowingly or intentionally violates or fails to
449		-	comply with IC 16-41-7-1 commits a Level 6 felony.
450		-	(c) Each day a violation described in this section continues
451		-	constitutes a separate offense.
452		-	Sec. 3. A person who, knowing that the person has a serious
453		-	communicable disease (as described in IC 16-41-7-1(a)) and who is
454		-	not in compliance with a physician directed treatment plan,
455		-	knowingly or intentionally:
456		-	(1) engages in high risk activity (as defined by
457		-	IC 16-41-7-1(b)) with another person; and
458		-	(2) fails to inform the other person that the person has a
459		-	serious communicable disease;
460		-	HB 1198—LS 6672/DI 139 12
461		-	commits a Level 6 felony.".
462		-	and when so amended that said bill do pass.
463		-	(Reference is to HB 1198 as introduced.)
464		-	MCNAMARA
465		-	Committee Vote: yeas 12, nays 1.
466		-	HB 1198—LS 6672/DI 139
	274	+	7 SECTION 7. IC 35-45-16-1 IS REPEALED [EFFECTIVE JULY 1,
	275	+	8 2023]. Sec. 1. As used in this chapter, "HIV" refers to the human
	276	+	9 immunodeficiency virus.
	277	+	10 SECTION 8. IC 35-45-16-2, AS AMENDED BY P.L.158-2013,
	278	+	11 SECTION 545, IS AMENDED TO READ AS FOLLOWS
	279	+	12 [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) As used in this section, "body
	280	+	13 fluid" means:
	281	+	14 (1) blood;
	282	+	15 (2) saliva;
	283	+	16 (3) sputum;
	284	+	17 (4) semen;
	285	+	18 (5) vaginal secretions;
	286	+	19 (6) human milk;
	287	+	20 (7) urine;
	288	+	21 (8) sweat;
	289	+	22 (9) tears;
	290	+	23 (10) any other liquid produced by the body; or
	291	+	24 (11) any aerosol generated form of liquids listed in this
	292	+	25 subsection.
	293	+	26 (b) As used in this section, "infectious hepatitis" means:
	294	+	27 (1) hepatitis A;
	295	+	28 (2) hepatitis B;
	296	+	29 (3) hepatitis C;
	297	+	30 (4) hepatitis D;
	298	+	31 (5) hepatitis E; or
	299	+	32 (6) hepatitis G.
	300	+	33 (c) A person who recklessly, knowingly, or intentionally places
	301	+	34 human:
	302	+	35 (1) body fluid; or
	303	+	36 (2) fecal waste;
	304	+	37 in a location with the intent that another person will involuntarily touch
	305	+	38 the body fluid or fecal waste commits malicious mischief, a Class B
	306	+	39 misdemeanor.
	307	+	40 (d) An offense described in subsection (c) is a:
	308	+	41 (1) Level 6 felony if the person knew or recklessly failed to know
	309	+	42 that the body fluid or fecal waste was infected with:
	310	+	2023 IN 1198—LS 6672/DI 139 8
	311	+	1 (A) infectious hepatitis; or
	312	+	2 (B) HIV; or
	313	+	3 (C) (B) tuberculosis; and
	314	+	4 (2) Level 5 felony if:
	315	+	5 (A) the person knew or recklessly failed to know that the body
	316	+	6 fluid or fecal waste was infected with infectious hepatitis and
	317	+	7 the offense results in the transmission of infectious hepatitis to
	318	+	8 the other person; or
	319	+	9 (B) the person knew or recklessly failed to know that the body
	320	+	10 fluid or fecal waste was infected with tuberculosis and the
	321	+	11 offense results in the transmission of tuberculosis to the other
	322	+	12 person. and
	323	+	13 (3) Level 4 felony if:
	324	+	14 (A) the person knew or recklessly failed to know that the body
	325	+	15 fluid or fecal waste was infected with HIV; and
	326	+	16 (B) the offense results in the transmission of HIV to the other
	327	+	17 person.
	328	+	18 (e) A person who recklessly, knowingly, or intentionally places
	329	+	19 human:
	330	+	20 (1) body fluid; or
	331	+	21 (2) fecal waste;
	332	+	22 in a location with the intent that another person will ingest the body
	333	+	23 fluid or fecal waste commits malicious mischief with food, a Class A
	334	+	24 misdemeanor.
	335	+	25 (f) An offense described in subsection (e) is:
	336	+	26 (1) a Level 6 felony if the person knew or recklessly failed to
	337	+	27 know that the body fluid or fecal waste was infected with:
	338	+	28 (A) infectious hepatitis; or
	339	+	29 (B) HIV; or
	340	+	30 (C) (B) tuberculosis; and
	341	+	31 (2) a Level 5 felony if:
	342	+	32 (A) the person knew or recklessly failed to know that the body
	343	+	33 fluid or fecal waste was infected with infectious hepatitis and
	344	+	34 the offense results in the transmission of infectious hepatitis to
	345	+	35 the other person; or
	346	+	36 (B) the person knew or recklessly failed to know that the body
	347	+	37 fluid or fecal waste was infected with tuberculosis and the
	348	+	38 offense results in the transmission of tuberculosis to the other
	349	+	39 person. and
	350	+	40 (3) a Level 4 felony if:
	351	+	41 (A) the person knew or recklessly failed to know that the body
	352	+	42 fluid or fecal waste was infected with HIV; and
	353	+	2023 IN 1198—LS 6672/DI 139 9
	354	+	1 (B) the offense results in the transmission of HIV to the other
	355	+	2 person.
	356	+	3 SECTION 9. IC 35-45-21-1 IS REPEALED [EFFECTIVE JULY 1,
	357	+	4 2023]. Sec. 1. (a) As used in this section, "blood" has the meaning set
	358	+	5 forth in IC 16-41-12-2.5.
	359	+	6 (b) A person who recklessly, knowingly, or intentionally donates,
	360	+	7 sells, or transfers blood or semen for artificial insemination (as defined
	361	+	8 in IC 16-41-14-2) that contains the human immunodeficiency virus
	362	+	9 (HIV) commits transferring contaminated body fluids, a Level 5 felony.
	363	+	10 (c) However, the offense under subsection (b) is a Level 3 felony if
	364	+	11 it results in the transmission of the human immunodeficiency virus
	365	+	12 (HIV) to any person other than the defendant.
	366	+	13 (d) This section does not apply to:
	367	+	14 (1) a person who, for reasons of privacy, donates, sells, or
	368	+	15 transfers blood at a blood center (as defined in IC 16-41-12-3)
	369	+	16 after the person has notified the blood center that the blood must
	370	+	17 be disposed of and may not be used for any purpose;
	371	+	18 (2) a person who transfers blood semen, or another body fluid that
	372	+	19 contains the human immunodeficiency virus (HIV) for research
	373	+	20 purposes; or
	374	+	21 (3) a person who is an autologous blood donor for stem cell
	375	+	22 transplantation.
	376	+	23 SECTION 10. IC 35-45-21-3, AS ADDED BY P.L.158-2013,
	377	+	24 SECTION 547, IS AMENDED TO READ AS FOLLOWS
	378	+	25 [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) A person who recklessly
	379	+	26 violates or fails to comply with IC 16-41-7 commits a Class B
	380	+	27 misdemeanor.
	381	+	28 (b) A person who knowingly or intentionally violates or fails to
	382	+	29 comply with IC 16-41-7-1 with the intent to pose a serious and
	383	+	30 present risk to the health of the other person commits a Level 6
	384	+	31 felony.
	385	+	32 (c) Each day a violation described in this section continues
	386	+	33 constitutes a separate offense.
	387	+	34 SECTION 11. IC 35-52-16-58 IS REPEALED [EFFECTIVE JULY
	388	+	35 1, 2023]. Sec. 58. IC 16-41-14-17 defines a crime concerning
	389	+	36 communicable diseases.
	390	+	2023 IN 1198—LS 6672/DI 139