Indiana 2023 Regular Session

Indiana Senate Bill SB0067 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 67
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 10-13-3-27; IC 11-8-8; IC 11-10-11.5-11;
7	7	IC 11-13-3-4; IC 16-21-8-1; IC 16-34-2-4.2; IC 31-11-1-7; IC 31-19;
8	8	IC 31-27-4-35; IC 31-34; IC 31-35-3-4; IC 35-31.5-2-216; IC 35-38-2;
9	9	IC 35-41-4-2; IC 35-42-4; IC 35-44.1-3-9; IC 35-50-2-14.
10	10	Synopsis: Sex with a minor. Adds the criminal offense of sex with a
11	11	minor, which is committed when a person who is at least 22 years of
12	12	age engages in sexual intercourse or other sexual conduct, fondling, or
13	13	touching with a child who is at least 16 years of age but less than 18
14	14	years of age. Makes conforming amendments.
15	15	Effective: July 1, 2023.
16	16	Bohacek
17	17	January 9, 2023, read first time and referred to Committee on Corrections and Criminal
18	18	Law.
19	19	2023 IN 67—LS 6268/DI 106 Introduced
20	20	First Regular Session of the 123rd General Assembly (2023)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2022 Regular Session of the General Assembly.
30	30	SENATE BILL No. 67
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning
32	32	criminal law and procedure.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 10-13-3-27, AS AMENDED BY P.L.142-2020,
35	35	2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36	36	3 JULY 1, 2023]: Sec. 27. (a) Except as provided in subsection (b), on
37	37	4 request, a law enforcement agency shall release a limited criminal
38	38	5 history to or allow inspection of a limited criminal history by
39	39	6 noncriminal justice organizations or individuals only if the subject of
40	40	7 the request:
41	41	8 (1) has applied for employment with a noncriminal justice
42	42	9 organization or individual;
43	43	10 (2) has:
44	44	11 (A) applied for a license or is maintaining a license; and
45	45	12 (B) provided criminal history data as required by law to be
46	46	13 provided in connection with the license;
47	47	14 (3) is a candidate for public office or a public official;
48	48	15 (4) is in the process of being apprehended by a law enforcement
49	49	16 agency;
50	50	17 (5) is placed under arrest for the alleged commission of a crime;
51	51	2023 IN 67—LS 6268/DI 106 2
52	52	1 (6) has charged that the subject's rights have been abused
53	53	2 repeatedly by criminal justice agencies;
54	54	3 (7) is the subject of a judicial decision or determination with
55	55	4 respect to the setting of bond, plea bargaining, sentencing, or
56	56	5 probation;
57	57	6 (8) has volunteered services that involve contact with, care of, or
58	58	7 supervision over a child who is being placed, matched, or
59	59	8 monitored by a social services agency or a nonprofit corporation;
60	60	9 (9) is currently residing in a location designated by the
61	61	10 department of child services (established by IC 31-25-1-1) or by
62	62	11 a juvenile court as the out-of-home placement for a child at the
63	63	12 time the child will reside in the location;
64	64	13 (10) has volunteered services at a public school (as defined in
65	65	14 IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12)
66	66	15 that involve contact with, care of, or supervision over a student
67	67	16 enrolled in the school;
68	68	17 (11) is being investigated for welfare fraud by an investigator of
69	69	18 the division of family resources or a county office of the division
70	70	19 of family resources;
71	71	20 (12) is being sought by the parent locator service of the child
72	72	21 support bureau of the department of child services;
73	73	22 (13) is or was required to register as a sex or violent offender
74	74	23 under IC 11-8-8;
75	75	24 (14) has been convicted of any of the following:
76	76	25 (A) Rape (IC 35-42-4-1), if the victim is less than eighteen
77	77	26 (18) years of age.
78	78	27 (B) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the
79	79	28 victim is less than eighteen (18) years of age.
80	80	29 (C) Child molesting (IC 35-42-4-3).
81	81	30 (D) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
82	82	31 (E) Possession of child pornography (IC 35-42-4-4(d) or
83	83	32 IC 35-42-4-4(e)).
84	84	33 (F) Vicarious sexual gratification (IC 35-42-4-5).
85	85	34 (G) Child solicitation (IC 35-42-4-6).
86	86	35 (H) Child seduction (IC 35-42-4-7).
87	87	36 (I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
88	88	37 (J) Sex with a minor (IC 35-42-4-9.5).
89	89	38 (J) (K) Incest (IC 35-46-1-3), if the victim is less than eighteen
90	90	39 (18) years of age;
91	91	40 (15) is identified as a possible perpetrator of child abuse or
92	92	41 neglect in an assessment conducted by the department of child
93	93	42 services under IC 31-33-8; or
94	94	2023 IN 67—LS 6268/DI 106 3
95	95	1 (16) is:
96	96	2 (A) a parent, guardian, or custodian of a child; or
97	97	3 (B) an individual who is at least eighteen (18) years of age and
98	98	4 resides in the home of the parent, guardian, or custodian;
99	99	5 with whom the department of child services or a county probation
100	100	6 department has a case plan, dispositional decree, or permanency
101	101	7 plan approved under IC 31-34 or IC 31-37 that provides for
102	102	8 reunification following an out-of-home placement.
103	103	9 However, limited criminal history information obtained from the
104	104	10 National Crime Information Center may not be released under this
105	105	11 section except to the extent permitted by the Attorney General of the
106	106	12 United States.
107	107	13 (b) A law enforcement agency shall allow inspection of a limited
108	108	14 criminal history by and release a limited criminal history to the
109	109	15 following noncriminal justice organizations:
110	110	16 (1) Federally chartered or insured banking institutions.
111	111	17 (2) Officials of state and local government for any of the
112	112	18 following purposes:
113	113	19 (A) Employment with a state or local governmental entity.
114	114	20 (B) Licensing.
115	115	21 (3) Segments of the securities industry identified under 15 U.S.C.
116	116	22 78q(f)(2).
117	117	23 (c) Any person who knowingly or intentionally uses limited criminal
118	118	24 history for any purpose not specified under this section commits a
119	119	25 Class C infraction. However, the violation is a Class A misdemeanor
120	120	26 if the person has a prior unrelated adjudication or conviction for a
121	121	27 violation of this section within the previous five (5) years.
122	122	28 SECTION 2. IC 11-8-8-4.5, AS AMENDED BY P.L.142-2020,
123	123	29 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
124	124	30 JULY 1, 2023]: Sec. 4.5. (a) Except as provided in section 22 of this
125	125	31 chapter, as used in this chapter, "sex offender" means a person
126	126	32 convicted of any of the following offenses:
127	127	33 (1) Rape (IC 35-42-4-1).
128	128	34 (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
129	129	35 (3) Child molesting (IC 35-42-4-3).
130	130	36 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
131	131	37 (5) Vicarious sexual gratification (including performing sexual
132	132	38 conduct in the presence of a minor) (IC 35-42-4-5).
133	133	39 (6) Child solicitation (IC 35-42-4-6).
134	134	40 (7) Child seduction (IC 35-42-4-7).
135	135	41 (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
136	136	42 Class B, or Class C felony (for a crime committed before July 1,
137	137	2023 IN 67—LS 6268/DI 106 4
138	138	1 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
139	139	2 crime committed after June 30, 2014), unless:
140	140	3 (A) the person is convicted of sexual misconduct with a minor
141	141	4 as a Class C felony (for a crime committed before July 1,
142	142	5 2014) or a Level 5 felony (for a crime committed after June
143	143	6 30, 2014);
144	144	7 (B) the person is not more than:
145	145	8 (i) four (4) years older than the victim if the offense was
146	146	9 committed after June 30, 2007; or
147	147	10 (ii) five (5) years older than the victim if the offense was
148	148	11 committed before July 1, 2007; and
149	149	12 (C) the sentencing court finds that the person should not be
150	150	13 required to register as a sex offender.
151	151	14 (9) Incest (IC 35-46-1-3).
152	152	15 (10) Sexual battery (IC 35-42-4-8).
153	153	16 (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
154	154	17 (18) years of age, and the person who kidnapped the victim is not
155	155	18 the victim's parent or guardian.
156	156	19 (12) Criminal confinement (IC 35-42-3-3), if the victim is less
157	157	20 than eighteen (18) years of age, and the person who confined or
158	158	21 removed the victim is not the victim's parent or guardian.
159	159	22 (13) Possession of child pornography (IC 35-42-4-4(d) or
160	160	23 IC 35-42-4-4(e)).
161	161	24 (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
162	162	25 (for a crime committed before July 1, 2014) or a Level 4 felony
163	163	26 (for a crime committed after June 30, 2014).
164	164	27 (15) Promotion of human sexual trafficking under
165	165	28 IC 35-42-3.5-1.1.
166	166	29 (16) Promotion of child sexual trafficking under
167	167	30 IC 35-42-3.5-1.2(a).
168	168	31 (17) Promotion of sexual trafficking of a younger child (IC
169	169	32 35-42-3.5-1.2(c)).
170	170	33 (18) Child sexual trafficking (IC 35-42-3.5-1.3).
171	171	34 (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
172	172	35 less than eighteen (18) years of age.
173	173	36 (20) Sexual misconduct by a service provider with a detained or
174	174	37 supervised child (IC 35-44.1-3-10(c)).
175	175	38 (21) Sex with a minor (IC 35-42-4-9.5).
176	176	39 (b) The term includes:
177	177	40 (1) a person who is required to register as a sex offender in any
178	178	41 jurisdiction; and
179	179	42 (2) a child who has committed a delinquent act and who:
180	180	2023 IN 67—LS 6268/DI 106 5
181	181	1 (A) is at least fourteen (14) years of age;
182	182	2 (B) is on probation, is on parole, is discharged from a facility
183	183	3 by the department of correction, is discharged from a secure
184	184	4 private facility (as defined in IC 31-9-2-115), or is discharged
185	185	5 from a juvenile detention facility as a result of an adjudication
186	186	6 as a delinquent child for an act that would be an offense
187	187	7 described in subsection (a) if committed by an adult; and
188	188	8 (C) is found by a court by clear and convincing evidence to be
189	189	9 likely to repeat an act that would be an offense described in
190	190	10 subsection (a) if committed by an adult.
191	191	11 (c) In making a determination under subsection (b)(2)(C), the court
192	192	12 shall consider expert testimony concerning whether a child is likely to
193	193	13 repeat an act that would be an offense described in subsection (a) if
194	194	14 committed by an adult.
195	195	15 SECTION 3. IC 11-8-8-5, AS AMENDED BY P.L.142-2020,
196	196	16 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
197	197	17 JULY 1, 2023]: Sec. 5. (a) Except as provided in section 22 of this
198	198	18 chapter, as used in this chapter, "sex or violent offender" means a
199	199	19 person convicted of any of the following offenses:
200	200	20 (1) Rape (IC 35-42-4-1).
201	201	21 (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
202	202	22 (3) Child molesting (IC 35-42-4-3).
203	203	23 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
204	204	24 (5) Vicarious sexual gratification (including performing sexual
205	205	25 conduct in the presence of a minor) (IC 35-42-4-5).
206	206	26 (6) Child solicitation (IC 35-42-4-6).
207	207	27 (7) Child seduction (IC 35-42-4-7).
208	208	28 (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
209	209	29 Class B, or Class C felony (for a crime committed before July 1,
210	210	30 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
211	211	31 crime committed after June 30, 2014), unless:
212	212	32 (A) the person is convicted of sexual misconduct with a minor
213	213	33 as a Class C felony (for a crime committed before July 1,
214	214	34 2014) or a Level 5 felony (for a crime committed after June
215	215	35 30, 2014);
216	216	36 (B) the person is not more than:
217	217	37 (i) four (4) years older than the victim if the offense was
218	218	38 committed after June 30, 2007; or
219	219	39 (ii) five (5) years older than the victim if the offense was
220	220	40 committed before July 1, 2007; and
221	221	41 (C) the sentencing court finds that the person should not be
222	222	42 required to register as a sex offender.
223	223	2023 IN 67—LS 6268/DI 106 6
224	224	1 (9) Incest (IC 35-46-1-3).
225	225	2 (10) Sexual battery (IC 35-42-4-8).
226	226	3 (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
227	227	4 (18) years of age, and the person who kidnapped the victim is not
228	228	5 the victim's parent or guardian.
229	229	6 (12) Criminal confinement (IC 35-42-3-3), if the victim is less
230	230	7 than eighteen (18) years of age, and the person who confined or
231	231	8 removed the victim is not the victim's parent or guardian.
232	232	9 (13) Possession of child pornography (IC 35-42-4-4(d) or
233	233	10 IC 35-42-4-4(e)).
234	234	11 (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
235	235	12 (for a crime committed before July 1, 2014) or a Level 4 felony
236	236	13 (for a crime committed after June 30, 2014).
237	237	14 (15) Promotion of human sexual trafficking under
238	238	15 IC 35-42-3.5-1.1.
239	239	16 (16) Promotion of child sexual trafficking under
240	240	17 IC 35-42-3.5-1.2(a).
241	241	18 (17) Promotion of sexual trafficking of a younger child (IC
242	242	19 35-42-3.5-1.2(c)).
243	243	20 (18) Child sexual trafficking (IC 35-42-3.5-1.3).
244	244	21 (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
245	245	22 less than eighteen (18) years of age.
246	246	23 (20) Murder (IC 35-42-1-1).
247	247	24 (21) Voluntary manslaughter (IC 35-42-1-3).
248	248	25 (22) Sexual misconduct by a service provider with a detained or
249	249	26 supervised child (IC 35-44.1-3-10(c)).
250	250	27 (23) Sex with a minor (IC 35-42-4-9.5).
251	251	28 (b) The term includes:
252	252	29 (1) a person who is required to register as a sex or violent
253	253	30 offender in any jurisdiction; and
254	254	31 (2) a child who has committed a delinquent act and who:
255	255	32 (A) is at least fourteen (14) years of age;
256	256	33 (B) is on probation, is on parole, is discharged from a facility
257	257	34 by the department of correction, is discharged from a secure
258	258	35 private facility (as defined in IC 31-9-2-115), or is discharged
259	259	36 from a juvenile detention facility as a result of an adjudication
260	260	37 as a delinquent child for an act that would be an offense
261	261	38 described in subsection (a) if committed by an adult; and
262	262	39 (C) is found by a court by clear and convincing evidence to be
263	263	40 likely to repeat an act that would be an offense described in
264	264	41 subsection (a) if committed by an adult.
265	265	42 (c) In making a determination under subsection (b)(2)(C), the court
266	266	2023 IN 67—LS 6268/DI 106 7
267	267	1 shall consider expert testimony concerning whether a child is likely to
268	268	2 repeat an act that would be an offense described in subsection (a) if
269	269	3 committed by an adult.
270	270	4 SECTION 4. IC 11-10-11.5-11, AS AMENDED BY P.L.209-2015,
271	271	5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
272	272	6 JULY 1, 2023]: Sec. 11. (a) While assigned to a community transition
273	273	7 program, a person must comply with:
274	274	8 (1) the rules concerning the conduct of persons in the community
275	275	9 transition program, including rules related to payments described
276	276	10 in section 12 of this chapter, that are adopted by the community
277	277	11 corrections advisory board establishing the program or, in
278	278	12 counties that are not served by a community corrections program,
279	279	13 that are jointly adopted by the courts in the county with felony
280	280	14 jurisdiction; and
281	281	15 (2) any conditions established by the sentencing court for the
282	282	16 person.
283	283	17 (b) As a rule of the community transition program, a person
284	284	18 convicted of a sex offense (as defined in IC 11-8-8-5.2) may not use a
285	285	19 social networking web site (as defined in IC 35-31.5-2-307) or an
286	286	20 instant messaging or chat room program (as defined in
287	287	21 IC 35-31.5-2-173) to communicate, directly or through an intermediary,
288	288	22 with a child less than sixteen (16) eighteen (18) years of age. However,
289	289	23 the rules of the community transition program may permit the offender
290	290	24 to communicate using a social networking web site or an instant
291	291	25 messaging or chat room program with:
292	292	26 (1) the offender's own child, stepchild, or sibling; or
293	293	27 (2) another relative of the offender specifically named in the rules
294	294	28 applicable to that person.
295	295	29 (c) As a rule of the community transition program, an individual
296	296	30 may be required to receive:
297	297	31 (1) addiction counseling;
298	298	32 (2) inpatient detoxification;
299	299	33 (3) case management;
300	300	34 (4) daily living skills; and
301	301	35 (5) medication assisted treatment, including a federal Food and
302	302	36 Drug Administration approved long acting, nonaddictive
303	303	37 medication for the treatment of opioid or alcohol dependence.
304	304	38 SECTION 5. IC 11-13-3-4, AS AMENDED BY P.L.45-2022,
305	305	39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
306	306	40 JULY 1, 2023]: Sec. 4. (a) A condition to remaining on parole is that
307	307	41 the parolee not commit a crime during the period of parole.
308	308	42 (b) The parole board may also adopt, under IC 4-22-2, additional
309	309	2023 IN 67—LS 6268/DI 106 8
310	310	1 conditions to remaining on parole and require a parolee to satisfy one
311	311	2 (1) or more of these conditions. These conditions must be reasonably
312	312	3 related to the parolee's successful reintegration into the community and
313	313	4 not unduly restrictive of a fundamental right.
314	314	5 (c) If a person is released on parole, the parolee shall be given a
315	315	6 written statement of the conditions of parole. Signed copies of this
316	316	7 statement shall be:
317	317	8 (1) retained by the parolee;
318	318	9 (2) forwarded to any person charged with the parolee's
319	319	10 supervision; and
320	320	11 (3) placed in the parolee's master file.
321	321	12 (d) The parole board may modify parole conditions if the parolee
322	322	13 receives notice of that action and had ten (10) days after receipt of the
323	323	14 notice to express the parolee's views on the proposed modification.
324	324	15 This subsection does not apply to modification of parole conditions
325	325	16 after a revocation proceeding under section 10 of this chapter.
326	326	17 (e) As a condition of parole, the parole board may require the
327	327	18 parolee to reside in a particular parole area. In determining a parolee's
328	328	19 residence requirement, the parole board shall:
329	329	20 (1) consider:
330	330	21 (A) the residence of the parolee prior to the parolee's
331	331	22 incarceration; and
332	332	23 (B) the parolee's place of employment; and
333	333	24 (2) assign the parolee to reside in the county where the parolee
334	334	25 resided prior to the parolee's incarceration unless assignment on
335	335	26 this basis would be detrimental to the parolee's successful
336	336	27 reintegration into the community.
337	337	28 (f) As a condition of parole, the parole board may require the
338	338	29 parolee to:
339	339	30 (1) periodically undergo a laboratory chemical test (as defined in
340	340	31 IC 9-13-2-22) or series of tests to detect and confirm the presence
341	341	32 of a controlled substance (as defined in IC 35-48-1-9); and
342	342	33 (2) have the results of any test under this subsection reported to
343	343	34 the parole board by the laboratory.
344	344	35 The parolee is responsible for any charges resulting from a test
345	345	36 required under this subsection. However, a person's parole may not be
346	346	37 revoked on the basis of the person's inability to pay for a test under this
347	347	38 subsection.
348	348	39 (g) As a condition of parole, the parole board:
349	349	40 (1) may require a parolee who is a sex offender (as defined in
350	350	41 IC 11-8-8-4.5) to:
351	351	42 (A) participate in a treatment program for sex offenders
352	352	2023 IN 67—LS 6268/DI 106 9
353	353	1 approved by the parole board; and
354	354	2 (B) avoid contact with any person who is less than sixteen (16)
355	355	3 eighteen (18) years of age unless the parolee:
356	356	4 (i) receives the parole board's approval; or
357	357	5 (ii) successfully completes the treatment program referred to
358	358	6 in clause (A); and
359	359	7 (2) shall:
360	360	8 (A) require a parolee who is a sex or violent offender (as
361	361	9 defined in IC 11-8-8-5) to register with a local law
362	362	10 enforcement authority under IC 11-8-8;
363	363	11 (B) prohibit a parolee who is a sex offender from residing
364	364	12 within one thousand (1,000) feet of school property (as defined
365	365	13 in IC 35-31.5-2-285) for the period of parole, unless the sex
366	366	14 offender obtains written approval from the parole board;
367	367	15 (C) prohibit a parolee who is a sex offender convicted of a sex
368	368	16 offense (as defined in IC 35-38-2-2.5) from residing within
369	369	17 one (1) mile of the victim of the sex offender's sex offense
370	370	18 unless the sex offender obtains a waiver under IC 35-38-2-2.5;
371	371	19 (D) prohibit a parolee who is a sex offender from owning,
372	372	20 operating, managing, being employed by, or volunteering at
373	373	21 any attraction designed to be primarily enjoyed by children
374	374	22 less than sixteen (16) eighteen (18) years of age;
375	375	23 (E) require a parolee who is a sex offender to consent:
376	376	24 (i) to the search of the sex offender's personal computer at
377	377	25 any time; and
378	378	26 (ii) to the installation on the sex offender's personal
379	379	27 computer or device with Internet capability, at the sex
380	380	28 offender's expense, of one (1) or more hardware or software
381	381	29 systems to monitor Internet usage; and
382	382	30 (F) prohibit the sex offender from:
383	383	31 (i) accessing or using certain web sites, chat rooms, or
384	384	32 instant messaging programs frequented by children; and
385	385	33 (ii) deleting, erasing, or tampering with information on the
386	386	34 sex offender's personal computer with intent to conceal an
387	387	35 activity prohibited by item (i).
388	388	36 The parole board may not grant a sexually violent predator (as defined
389	389	37 in IC 35-38-1-7.5) or a sex offender who is an offender against children
390	390	38 under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the
391	391	39 parole board allows the sex offender to reside within one thousand
392	392	40 (1,000) feet of school property under subdivision (2)(B), the parole
393	393	41 board shall notify each school within one thousand (1,000) feet of the
394	394	42 sex offender's residence of the order.
395	395	2023 IN 67—LS 6268/DI 106 10
396	396	1 (h) The address of the victim of a parolee who is a sex offender
397	397	2 convicted of a sex offense (as defined in IC 35-38-2-2.5) is
398	398	3 confidential, even if the sex offender obtains a waiver under
399	399	4 IC 35-38-2-2.5.
400	400	5 (i) As a condition of parole, the parole board may require a parolee
401	401	6 to participate in a reentry court program.
402	402	7 (j) This subsection does not apply to a person on lifetime parole. As
403	403	8 a condition of parole, the parole board shall require a parolee who is a
404	404	9 sexually violent predator under IC 35-38-1-7.5 or who is a sex or
405	405	10 violent offender (as defined in IC 11-8-8-5) to wear a monitoring
406	406	11 device (as described in IC 35-38-2.5-3) that can transmit information
407	407	12 twenty-four (24) hours each day regarding a person's precise location,
408	408	13 subject to a validated sex offender risk assessment, and subject to the
409	409	14 amount appropriated to the department for a monitoring program as a
410	410	15 condition of parole.
411	411	16 (k) As a condition of parole, the parole board may prohibit, in
412	412	17 accordance with IC 35-38-2-2.6, a parolee who has been convicted of
413	413	18 stalking from residing within one thousand (1,000) feet of the residence
414	414	19 of the victim of the stalking for a period that does not exceed five (5)
415	415	20 years.
416	416	21 (l) As a condition of parole, the parole board may prohibit a parolee
417	417	22 convicted of an offense under IC 35-46-3 from owning, harboring, or
418	418	23 training an animal, and, if the parole board prohibits a parolee
419	419	24 convicted of an offense under IC 35-46-3 from having direct or indirect
420	420	25 contact with an individual, the parole board may also prohibit the
421	421	26 parolee from having direct or indirect contact with any animal
422	422	27 belonging to the individual.
423	423	28 (m) As a condition of parole, the parole board may require a parolee
424	424	29 to receive:
425	425	30 (1) addiction counseling;
426	426	31 (2) inpatient detoxification;
427	427	32 (3) case management;
428	428	33 (4) daily living skills; and
429	429	34 (5) medication assisted treatment, including a federal Food and
430	430	35 Drug Administration approved long acting, nonaddictive
431	431	36 medication for the treatment of opioid or alcohol dependence.
432	432	37 (n) A parolee may be responsible for the reasonable expenses, as
433	433	38 determined by the department, of the parolee's participation in a
434	434	39 treatment or other program required as a condition of parole under this
435	435	40 section. However, a person's parole may not be revoked solely on the
436	436	41 basis of the person's inability to pay for a program required as a
437	437	42 condition of parole under this section.
438	438	2023 IN 67—LS 6268/DI 106 11
439	439	1 (o) As a condition of parole, the parole board shall prohibit a person
440	440	2 convicted of an animal abuse offense (as defined in IC 35-38-2-2.8)
441	441	3 from owning, harboring, or training a companion animal (as defined in
442	442	4 IC 35-38-2-2.8).
443	443	5 SECTION 6. IC 16-21-8-1, AS AMENDED BY P.L.161-2014,
444	444	6 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
445	445	7 JULY 1, 2023]: Sec. 1. (a) A hospital licensed under IC 16-21-2 that
446	446	8 provides general medical and surgical hospital services shall provide
447	447	9 forensic medical exams and additional forensic services to all alleged
448	448	10 sex crime victims who apply for forensic medical exams and additional
449	449	11 forensic services in relation to injuries or trauma resulting from the
450	450	12 alleged sex crime. To the extent practicable, the hospital shall use a
451	451	13 sexual assault examination kit to conduct forensic exams and provide
452	452	14 forensic services. The provision of services may not be dependent on
453	453	15 a victim's reporting to, or cooperating with, law enforcement.
454	454	16 (b) For the purposes of this chapter, the following crimes are
455	455	17 considered sex crimes:
456	456	18 (1) Rape (IC 35-42-4-1).
457	457	19 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
458	458	20 (3) Child molesting (IC 35-42-4-3).
459	459	21 (4) Vicarious sexual gratification (IC 35-42-4-5).
460	460	22 (5) Sexual battery (IC 35-42-4-8).
461	461	23 (6) Sexual misconduct with a minor (IC 35-42-4-9).
462	462	24 (7) Sex with a minor (IC 35-42-4-9.5).
463	463	25 (7) (8) Child solicitation (IC 35-42-4-6).
464	464	26 (8) (9) Child seduction (IC 35-42-4-7).
465	465	27 (9) (10) Incest (IC 35-46-1-3).
466	466	28 (c) Payment for services under this section shall be processed in
467	467	29 accordance with rules adopted by the victim services division of the
468	468	30 Indiana criminal justice institute.
469	469	31 SECTION 7. IC 16-34-2-4.2, AS ADDED BY P.L.173-2017,
470	470	32 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
471	471	33 JULY 1, 2023]: Sec. 4.2. (a) This section applies only if consent is
472	472	34 required under section 4 of this chapter and has not been given.
473	473	35 (b) This section does not apply to a person who aids or assists an
474	474	36 unemancipated pregnant minor who has obtained or is seeking to
475	475	37 obtain:
476	476	38 (1) parental consent; or
477	477	39 (2) a waiver of parental consent;
478	478	40 under section 4 of this chapter.
479	479	41 (c) A person may not knowingly or intentionally aid or assist an
480	480	42 unemancipated pregnant minor in obtaining an abortion without the
481	481	2023 IN 67—LS 6268/DI 106 12
482	482	1 consent required by section 4 of this chapter.
483	483	2 (d) Except as provided in subsection (g), a person who violates
484	484	3 subsection (c) is civilly liable to the unemancipated pregnant minor and
485	485	4 the parent or legal guardian or custodian of the unemancipated
486	486	5 pregnant minor. A court may award damages to the unemancipated
487	487	6 pregnant minor or the parent or legal guardian or custodian of the
488	488	7 unemancipated pregnant minor who is adversely affected by a violation
489	489	8 of this section, including the following damages:
490	490	9 (1) Compensation for physical or emotional injury, without the
491	491	10 need of being physically present at the act or event.
492	492	11 (2) Attorney's fees.
493	493	12 (3) Court costs.
494	494	13 (4) Punitive damages.
495	495	14 However, an adult who engaged in or consented to another person
496	496	15 engaging in a sex act with a minor in violation of IC 35-42-4-3(a), or
497	497	16 IC 35-42-4-9, or IC 35-42-4-9.5 that resulted in the pregnancy may not
498	498	17 be awarded damages under this subsection.
499	499	18 (e) An unemancipated pregnant minor does not have the capacity to
500	500	19 consent to any action in violation of this section or section 4 of this
501	501	20 chapter. A person may not use as a defense to a violation of subsection
502	502	21 (c) that the abortion was performed or induced with consent of the
503	503	22 unemancipated pregnant minor and otherwise met the requirements of
504	504	23 this chapter.
505	505	24 (f) The parent or legal guardian or custodian of the unemancipated
506	506	25 pregnant minor may petition a court to enjoin conduct that would
507	507	26 violate this section if the parent or legal guardian or custodian can
508	508	27 show that the conduct is reasonably anticipated to occur in the future.
509	509	28 A court may enjoin conduct that would violate this section.
510	510	29 (g) A person may not bring a cause of action under this section
511	511	30 against a person who is related to the minor as a:
512	512	31 (1) parent or stepparent;
513	513	32 (2) grandparent or stepgrandparent; or
514	514	33 (3) sibling or stepsibling.
515	515	34 SECTION 8. IC 31-11-1-7, AS ADDED BY P.L.94-2020,
516	516	35 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
517	517	36 JULY 1, 2023]: Sec. 7. (a) A minor who is sixteen (16) or seventeen
518	518	37 (17) years of age may petition the juvenile court in the county in which
519	519	38 the minor resides for an order granting the minor approval to marry and
520	520	39 completely emancipating the minor. The petition must contain the
521	521	40 following information:
522	522	41 (1) The minor's name, gender, and age.
523	523	42 (2) Documentary proof of the minor's date of birth.
524	524	2023 IN 67—LS 6268/DI 106 13
525	525	1 (3) The minor's address, and how long the minor has resided at
526	526	2 that address.
527	527	3 (4) The following information with regard to the intended spouse:
528	528	4 (A) The intended spouse's name, gender, and age.
529	529	5 (B) Documentary proof of the intended spouse's date of birth.
530	530	6 (C) The intended spouse's address, and how long the intended
531	531	7 spouse has resided at that address.
532	532	8 (5) A statement of:
533	533	9 (A) the reasons the minor desires to marry;
534	534	10 (B) how the minor and the intended spouse came to know each
535	535	11 other; and
536	536	12 (C) how long the minor and the intended spouse have known
537	537	13 each other.
538	538	14 (6) Copies of:
539	539	15 (A) any criminal records of the minor and of the intended
540	540	16 spouse; and
541	541	17 (B) any protective order:
542	542	18 (i) issued to protect or restrain either the minor or the
543	543	19 intended spouse; and
544	544	20 (ii) relating to domestic or family violence, a sexual offense,
545	545	21 or stalking.
546	546	22 (7) Evidence that the minor has demonstrated maturity and
547	547	23 capacity for self-sufficiency and self-support independent of the
548	548	24 minor's parents or legal guardians or the intended spouse,
549	549	25 including proof that the minor:
550	550	26 (A) has graduated from high school;
551	551	27 (B) has obtained a high school equivalency diploma;
552	552	28 (C) has a plan for continued education;
553	553	29 (D) has completed a vocational training or certificate program;
554	554	30 (E) has attained a professional licensure or certification; or
555	555	31 (F) has maintained stable housing or employment for at least
556	556	32 three (3) consecutive months prior to filing the petition.
557	557	33 (b) A court with which a petition under subsection (a) is filed shall:
558	558	34 (1) set a date for an evidentiary hearing on the petition;
559	559	35 (2) provide reasonable notice of the hearing to the minor and the
560	560	36 minor's parents or legal guardians; and
561	561	37 (3) appoint an attorney to serve as guardian ad litem for the
562	562	38 minor.
563	563	39 (c) At the evidentiary hearing, the court shall conduct an in camera
564	564	40 interview with the minor separate from the minor's parents or legal
565	565	41 guardians and intended spouse.
566	566	42 (d) Following the evidentiary hearing, and subject to subsection (e),
567	567	2023 IN 67—LS 6268/DI 106 14
568	568	1 the court may grant the petition if the court finds all of the following:
569	569	2 (1) The minor is a county resident who is at least sixteen (16)
570	570	3 years of age.
571	571	4 (2) The intended spouse is not more than four (4) years older than
572	572	5 the minor.
573	573	6 (3) The minor's decision to marry is voluntary, and free from
574	574	7 force, fraud, or coercion.
575	575	8 (4) The minor is mature enough to make a decision to marry.
576	576	9 (5) The minor has established the minor's capacity to be
577	577	10 self-sufficient and self-supporting independent of the minor's
578	578	11 parents, legal guardians, and intended spouse.
579	579	12 (6) The minor understands the rights and responsibilities of
580	580	13 parties to marriage and of completely emancipated minors.
581	581	14 (7) It is in the best interests of the minor for the court to grant the
582	582	15 petition to marry and to completely emancipate the minor. In
583	583	16 making the determination under this subdivision, the court shall
584	584	17 consider how marriage and emancipation may affect the minor's
585	585	18 health, safety, education, and welfare.
586	586	19 A court that grants a petition under this section shall issue written
587	587	20 findings regarding the court's conclusions under subdivisions (1)
588	588	21 through (7).
589	589	22 (e) The following, considered independently or together, are not
590	590	23 sufficient to determine the best interests of a minor for purposes of this
591	591	24 section:
592	592	25 (1) The fact that the minor or the intended spouse is pregnant or
593	593	26 has had a child.
594	594	27 (2) The wishes of the parents or legal guardians of the minor.
595	595	28 However, there is a rebuttable presumption that marriage and
596	596	29 emancipation are not in the best interests of the minor if both parents
597	597	30 of the minor oppose the minor's marriage and emancipation.
598	598	31 (f) The juvenile court shall deny a petition under this section if the
599	599	32 court finds any of the following:
600	600	33 (1) The intended spouse:
601	601	34 (A) is or was in a position of authority or special trust in
602	602	35 relation to the minor; or
603	603	36 (B) has or had a professional relationship with the minor, as
604	604	37 defined in IC 35-42-4-7.
605	605	38 (2) The intended spouse has been convicted of, or entered into a
606	606	39 diversion program for, an offense under IC 35-42:
607	607	40 (A) that involves an act of violence;
608	608	41 (B) of which a child was the victim; or
609	609	42 (C) that is an offense under:
610	610	2023 IN 67—LS 6268/DI 106 15
611	611	1 (i) IC 35-42-3.5; or
612	612	2 (ii) IC 35-42-4.
613	613	3 (3) Either the minor or the intended spouse is pregnant or is the
614	614	4 mother of a child, and the court finds by a preponderance of
615	615	5 evidence that:
616	616	6 (A) the other party to the marriage is the father of the child or
617	617	7 unborn child; and
618	618	8 (B) the conception of the child or unborn child resulted from
619	619	9 the commission of an offense under:
620	620	10 (i) IC 35-42-4-3 (child molesting);
621	621	11 (ii) IC 35-42-4-6 (child solicitation);
622	622	12 (iii) IC 35-42-4-7 (child seduction); or
623	623	13 (iv) IC 35-42-4-9 (sexual misconduct with a minor); or
624	624	14 (v) IC 35-42-4-9.5 (sex with a minor).
625	625	15 (4) The intended spouse has previously been enjoined by a
626	626	16 protective order relating to domestic or family violence, a sexual
627	627	17 offense, or stalking, regardless of whether the person protected by
628	628	18 the order was the minor.
629	629	19 (g) If a court grants a petition under this section, the court shall also
630	630	20 issue an order of complete emancipation of the minor and provide a
631	631	21 certified copy of the order to the minor.
632	632	22 (h) A minor emancipated under this section is considered to have all
633	633	23 the rights and responsibilities of an adult, except as provided under
634	634	24 specific constitutional or statutory age requirements that apply to the
635	635	25 minor because of the minor's age, including requirements related to
636	636	26 voting, use of alcoholic beverages or tobacco products, and other health
637	637	27 and safety regulations.
638	638	28 (i) A court hearing a petition under this section may issue any other
639	639	29 order the court considers appropriate for the minor's protection.
640	640	30 (j) A court that grants a petition under this section may require that
641	641	31 both parties to the marriage complete premarital counseling with a
642	642	32 marriage and family therapist licensed under IC 25-22.5, IC 25-23.6-8,
643	643	33 or IC 25-33.
644	644	34 (k) A court that grants a petition under this section may impose any
645	645	35 other condition on the grant of the petition that the court determines is
646	646	36 reasonable under the circumstances.
647	647	37 SECTION 9. IC 31-19-2.5-2 IS AMENDED TO READ AS
648	648	38 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) Except as
649	649	39 provided in subsection (b), IC 31-19-4 applies to notice given to a
650	650	40 putative father and IC 31-19-4.5 applies to notice given to other
651	651	41 persons.
652	652	42 (b) If a petition for adoption alleges the consent of a putative father
653	653	2023 IN 67—LS 6268/DI 106 16
654	654	1 or a parent to the adoption has not been obtained and is unnecessary
655	655	2 under:
656	656	3 (1) IC 31-19-9-8(a)(1);
657	657	4 (2) IC 31-19-9-8(a)(2);
658	658	5 (3) IC 31-19-9-8(a)(4)(B);
659	659	6 (4) IC 31-19-9-8(a)(4)(C);
660	660	7 (5) IC 31-19-9-8(a)(4)(D);
661	661	8 (5) (6) IC 31-19-9-8(a)(9); or
662	662	9 (6) (7) IC 31-19-9-8(a)(11);
663	663	10 notice must be given under IC 31-19-4.5.
664	664	11 SECTION 10. IC 31-19-2.5-4, AS AMENDED BY P.L.203-2021,
665	665	12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
666	666	13 JULY 1, 2023]: Sec. 4. Notice of the pendency of the adoption
667	667	14 proceedings does not have to be given to:
668	668	15 (1) a person whose consent to adoption has been filed with the
669	669	16 court;
670	670	17 (2) a person whose consent to adoption is not required by:
671	671	18 (A) IC 31-19-9-8(a)(4)(A);
672	672	19 (B) IC 31-19-9-8(a)(4)(D);
673	673	20 (C) IC 31-19-9-8(a)(4)(E);
674	674	21 (C) (D) IC 31-19-9-8(a)(5);
675	675	22 (D) (E) IC 31-19-9-8(a)(6);
676	676	23 (E) (F) IC 31-19-9-8(a)(7);
677	677	24 (F) (G) IC 31-19-9-8(a)(8);
678	678	25 (G) (H) IC 31-19-9-9;
679	679	26 (H) (I) IC 31-19-9-10;
680	680	27 (I) (J) IC 31-19-9-12;
681	681	28 (J) (K) IC 31-19-9-15; or
682	682	29 (K) (L) IC 31-19-9-18;
683	683	30 (3) the hospital of an infant's birth or a hospital to which an infant
684	684	31 is transferred for medical reasons after birth if the infant is being
685	685	32 adopted at or shortly after birth;
686	686	33 (4) a person whose parental rights have been terminated before
687	687	34 the entry of a final decree of adoption; or
688	688	35 (5) a person who has waived notice under:
689	689	36 (A) IC 31-19-4-8; or
690	690	37 (B) IC 31-19-4.5-4.
691	691	38 SECTION 11. IC 31-19-9-8, AS AMENDED BY P.L.142-2020,
692	692	39 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
693	693	40 JULY 1, 2023]: Sec. 8. (a) Consent to adoption, which may be required
694	694	41 under section 1 of this chapter, is not required from any of the
695	695	42 following:
696	696	2023 IN 67—LS 6268/DI 106 17
697	697	1 (1) A parent or parents if the child is adjudged to have been
698	698	2 abandoned or deserted for at least six (6) months immediately
699	699	3 preceding the date of the filing of the petition for adoption.
700	700	4 (2) A parent of a child in the custody of another person if for a
701	701	5 period of at least one (1) year the parent:
702	702	6 (A) fails without justifiable cause to communicate
703	703	7 significantly with the child when able to do so; or
704	704	8 (B) knowingly fails to provide for the care and support of the
705	705	9 child when able to do so as required by law or judicial decree.
706	706	10 (3) The biological father of a child born out of wedlock whose
707	707	11 paternity has not been established:
708	708	12 (A) by a court proceeding other than the adoption proceeding;
709	709	13 or
710	710	14 (B) by executing a paternity affidavit under IC 16-37-2-2.1.
711	711	15 (4) The biological father of a child born out of wedlock who was
712	712	16 conceived as a result of:
713	713	17 (A) a rape for which the father was convicted under
714	714	18 IC 35-42-4-1;
715	715	19 (B) child molesting (IC 35-42-4-3);
716	716	20 (C) sexual misconduct with a minor (IC 35-42-4-9);
717	717	21 (D) sex with a minor (IC 35-42-4-9.5); or
718	718	22 (D) (E) incest (IC 35-46-1-3).
719	719	23 (5) The putative father of a child born out of wedlock if the
720	720	24 putative father's consent to adoption is irrevocably implied under
721	721	25 section 15 of this chapter.
722	722	26 (6) The biological father of a child born out of wedlock if the:
723	723	27 (A) father's paternity is established after the filing of a petition
724	724	28 for adoption in a court proceeding or by executing a paternity
725	725	29 affidavit under IC 16-37-2-2.1; and
726	726	30 (B) father is required to but does not register with the putative
727	727	31 father registry established by IC 31-19-5 within the period
728	728	32 required by IC 31-19-5-12.
729	729	33 (7) A parent who has relinquished the parent's right to consent to
730	730	34 adoption as provided in this chapter.
731	731	35 (8) A parent after the parent-child relationship has been
732	732	36 terminated under IC 31-35 (or IC 31-6-5 before its repeal).
733	733	37 (9) A parent judicially declared incompetent or mentally defective
734	734	38 if the court dispenses with the parent's consent to adoption.
735	735	39 (10) A legal guardian or lawful custodian of the person to be
736	736	40 adopted who has failed to consent to the adoption for reasons
737	737	41 found by the court not to be in the best interests of the child.
738	738	42 (11) A parent if:
739	739	2023 IN 67—LS 6268/DI 106 18
740	740	1 (A) a petitioner for adoption proves by clear and convincing
741	741	2 evidence that the parent is unfit to be a parent; and
742	742	3 (B) the best interests of the child sought to be adopted would
743	743	4 be served if the court dispensed with the parent's consent.
744	744	5 (12) A child's biological father who denies paternity of the child
745	745	6 before or after the birth of the child if the denial of paternity:
746	746	7 (A) is in writing;
747	747	8 (B) is signed by the child's father in the presence of a notary
748	748	9 public; and
749	749	10 (C) contains an acknowledgment that:
750	750	11 (i) the denial of paternity is irrevocable; and
751	751	12 (ii) the child's father will not receive notice of adoption
752	752	13 proceedings.
753	753	14 A child's father who denies paternity of the child under this
754	754	15 subdivision may not challenge or contest the child's adoption.
755	755	16 (b) If a parent has made only token efforts to support or to
756	756	17 communicate with the child the court may declare the child abandoned
757	757	18 by the parent.
758	758	19 SECTION 12. IC 31-19-10-1.2, AS AMENDED BY P.L.203-2021,
759	759	20 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
760	760	21 JULY 1, 2023]: Sec. 1.2. (a) If a petition for adoption alleges that a
761	761	22 parent's consent to adoption is unnecessary under:
762	762	23 (1) IC 31-19-9-8(a)(1); or
763	763	24 (2) IC 31-19-9-8(a)(2);
764	764	25 and the parent files a motion to contest the adoption under section 1 of
765	765	26 this chapter, a petitioner for adoption has the burden of proving that the
766	766	27 parent's consent to the adoption is unnecessary under IC 31-19-9-8.
767	767	28 (b) If a petition for adoption alleges that a parent's consent to
768	768	29 adoption is unnecessary under:
769	769	30 (1) IC 31-19-9-8(a)(4)(B); or
770	770	31 (2) IC 31-19-9-8(a)(4)(C); or
771	771	32 (3) IC 31-19-9-8(a)(4)(D);
772	772	33 and the parent files a motion to contest the adoption under section 1 of
773	773	34 this chapter, the parent has the burden of proving that the child was not
774	774	35 conceived under circumstances that would cause the parent's consent
775	775	36 to be unnecessary under IC 31-19-9-8(a)(4). The absence of a criminal
776	776	37 prosecution and conviction is insufficient to satisfy the burden of proof.
777	777	38 (c) If a petition for adoption alleges that a parent's consent to
778	778	39 adoption is unnecessary under IC 31-19-9-8(a)(9) and the parent files
779	779	40 a motion to contest the adoption under section 1 of this chapter, a
780	780	41 petitioner for adoption has the burden of proving that the parent's
781	781	42 consent to the adoption is unnecessary under IC 31-19-9-8(a)(9).
782	782	2023 IN 67—LS 6268/DI 106 19
783	783	1 (d) If a petition for adoption alleges that a legal guardian or lawful
784	784	2 custodian's consent to adoption is unnecessary under
785	785	3 IC 31-19-9-8(a)(10) and the legal guardian or lawful custodian files a
786	786	4 motion to contest the adoption under section 1 of this chapter, the legal
787	787	5 guardian or lawful custodian has the burden of proving that the
788	788	6 withholding of the consent to adoption is in the best interests of the
789	789	7 person sought to be adopted.
790	790	8 (e) If a petition for adoption alleges that a parent's consent to
791	791	9 adoption is unnecessary under IC 31-19-9-8(a)(11) and the parent files
792	792	10 a motion to contest the adoption under section 1 of this chapter, a
793	793	11 petitioner for adoption has the burden of proving that the requirements
794	794	12 of IC 31-19-9-8(a)(11) are satisfied and that the best interests of the
795	795	13 child are served if the court dispenses with the parent's consent to
796	796	14 adoption.
797	797	15 (f) If a petition for adoption alleges that a parent's consent to
798	798	16 adoption is unnecessary under:
799	799	17 (1) IC 31-19-9-9; or
800	800	18 (2) IC 31-19-9-10;
801	801	19 and the parent files a motion to contest the adoption under section 1 of
802	802	20 this chapter, a petitioner has the burden of proving that the
803	803	21 requirements of IC 31-19-9-9 or IC 31-19-9-10, respectively, are
804	804	22 satisfied and that the best interests of the child are served if the court
805	805	23 dispenses with the parent's consent to adoption.
806	806	24 (g) If a court finds that the person who filed the motion to contest
807	807	25 the adoption fails to:
808	808	26 (1) diligently prosecute the motion;
809	809	27 (2) comply with procedural rules and statutes governing contested
810	810	28 adoptions;
811	811	29 (3) obey an order of the court; or
812	812	30 (4) appear, after proper notice, at a hearing relating to the motion
813	813	31 to contest the adoption;
814	814	32 the court may dismiss the motion to contest with prejudice, and the
815	815	33 person's consent to the adoption shall be irrevocably implied.
816	816	34 (h) A court that dismisses a person's motion to contest under
817	817	35 subsection (g)(4) shall notify the person of the dismissal and may set
818	818	36 aside the dismissal if, not later than fourteen (14) days after the person
819	819	37 receives notice of the dismissal, the person files a motion with the court
820	820	38 setting forth facts that:
821	821	39 (1) establish good cause for the person's failure to appear; and
822	822	40 (2) if proven, demonstrate that the person's failure to appear was
823	823	41 reasonable.
824	824	42 SECTION 13. IC 31-27-4-35, AS ADDED BY P.L.145-2006,
825	825	2023 IN 67—LS 6268/DI 106 20
826	826	1 SECTION 273, IS AMENDED TO READ AS FOLLOWS
827	827	2 [EFFECTIVE JULY 1, 2023]: Sec. 35. (a) A licensee must immediately
828	828	3 contact the department if:
829	829	4 (1) a foster child less than sixteen (16) eighteen (18) years of age,
830	830	5 while living in a foster home, engages in or is the victim of sexual
831	831	6 contact (as defined in IC 25-1-9-3.5);
832	832	7 (2) a foster child, while living in a foster home, is:
833	833	8 (A) charged with or adjudicated as having committed an act
834	834	9 that would be a crime under IC 35-42-4 if committed by an
835	835	10 adult;
836	836	11 (B) charged with or convicted of an offense under IC 35-42-4;
837	837	12 or
838	838	13 (C) the victim of an offense under IC 35-42-4; or
839	839	14 (3) the licensee learns that a foster child has, before placement
840	840	15 with the licensee, engaged in or been the victim of an act
841	841	16 described in subdivision (1) or (2).
842	842	17 (b) The information provided to the department under subsection (a)
843	843	18 must include:
844	844	19 (1) the name of the child;
845	845	20 (2) the date of the occurrence of the act if it can be determined;
846	846	21 (3) a description of the act;
847	847	22 (4) the name of the responding law enforcement agency if a law
848	848	23 enforcement agency is contacted; and
849	849	24 (5) any other information the licensee determines is relevant.
850	850	25 (c) Notwithstanding any other law, the department shall provide
851	851	26 information described in subsection (b)(1) through (b)(4), whether
852	852	27 received from a licensee or another reliable source, to:
853	853	28 (1) a prospective licensee before the placement of the foster child
854	854	29 with that licensee; and
855	855	30 (2) each licensee with whom the foster child has previously been
856	856	31 placed.
857	857	32 (d) The notification requirements of subsection (c) apply to a foster
858	858	33 child who has:
859	859	34 (1) engaged in sexual contact (as defined in IC 25-1-9-3.5) if the
860	860	35 foster child is less than sixteen (16) eighteen (18) years of age;
861	861	36 (2) been charged with or adjudicated as having committed an act
862	862	37 that would be a crime under IC 35-42-4 if committed by an adult;
863	863	38 or
864	864	39 (3) been charged with or convicted of an offense under
865	865	40 IC 35-42-4.
866	866	41 SECTION 14. IC 31-34-1-3, AS AMENDED BY P.L.142-2020,
867	867	42 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
868	868	2023 IN 67—LS 6268/DI 106 21
869	869	1 JULY 1, 2023]: Sec. 3. (a) A child is a child in need of services if,
870	870	2 before the child becomes eighteen (18) years of age:
871	871	3 (1) the child is the victim of an offense under:
872	872	4 (A) IC 35-42-4-1;
873	873	5 (B) IC 35-42-4-2 (before its repeal);
874	874	6 (C) IC 35-42-4-3;
875	875	7 (D) IC 35-42-4-4;
876	876	8 (E) IC 35-42-4-5;
877	877	9 (F) IC 35-42-4-6;
878	878	10 (G) IC 35-42-4-7;
879	879	11 (H) IC 35-42-4-8;
880	880	12 (I) IC 35-42-4-9;
881	881	13 (J) IC 35-42-4-9.5;
882	882	14 (J) (K) IC 35-45-4-1;
883	883	15 (K) (L) IC 35-45-4-2;
884	884	16 (L) (M) IC 35-45-4-3;
885	885	17 (M) (N) IC 35-45-4-4; or
886	886	18 (N) (O) IC 35-46-1-3; and
887	887	19 (2) the child needs care, treatment, or rehabilitation that:
888	888	20 (A) the child is not receiving; and
889	889	21 (B) is unlikely to be provided or accepted without the coercive
890	890	22 intervention of the court.
891	891	23 (b) A child is a child in need of services if, before the child becomes
892	892	24 eighteen (18) years of age, the child:
893	893	25 (1) lives in the same household as an adult who:
894	894	26 (A) committed an offense described in subsection (a)(1)
895	895	27 against a child and the offense resulted in a conviction or a
896	896	28 judgment under IC 31-34-11-2; or
897	897	29 (B) has been charged with an offense described in subsection
898	898	30 (a)(1) against a child and is awaiting trial; and
899	899	31 (2) needs care, treatment, or rehabilitation that:
900	900	32 (A) the child is not receiving; and
901	901	33 (B) is unlikely to be provided or accepted without the coercive
902	902	34 intervention of the court.
903	903	35 (c) A child is a child in need of services if, before the child becomes
904	904	36 eighteen (18) years of age:
905	905	37 (1) the child lives in the same household as another child who is
906	906	38 the victim of an offense described in subsection (a)(1);
907	907	39 (2) the child needs care, treatment, or rehabilitation that:
908	908	40 (A) the child is not receiving; and
909	909	41 (B) is unlikely to be provided or accepted without the coercive
910	910	42 intervention of the court; and
911	911	2023 IN 67—LS 6268/DI 106 22
912	912	1 (3) a caseworker assigned to provide services to the child:
913	913	2 (A) places the child in a program of informal adjustment or
914	914	3 other family or rehabilitative services based on the existence
915	915	4 of the circumstances described in subdivisions (1) and (2), and
916	916	5 the caseworker subsequently determines further intervention
917	917	6 is necessary; or
918	918	7 (B) determines that a program of informal adjustment or other
919	919	8 family or rehabilitative services is inappropriate.
920	920	9 (d) A child is a child in need of services if, before the child becomes
921	921	10 eighteen (18) years of age:
922	922	11 (1) the child lives in the same household as an adult who:
923	923	12 (A) committed a human or sexual trafficking offense under
924	924	13 IC 35-42-3.5-1 through IC 35-42-3.5-1.4 or the law of another
925	925	14 jurisdiction, including federal law, that resulted in a conviction
926	926	15 or a judgment under IC 31-34-11-2; or
927	927	16 (B) has been charged with a human or sexual trafficking
928	928	17 offense under IC 35-42-3.5-1 through IC 35-42-3.5-1.4 or the
929	929	18 law of another jurisdiction, including federal law, and is
930	930	19 awaiting trial; and
931	931	20 (2) the child needs care, treatment, or rehabilitation that:
932	932	21 (A) the child is not receiving; and
933	933	22 (B) is unlikely to be provided or accepted without the coercive
934	934	23 intervention of the court.
935	935	24 SECTION 15. IC 31-34-21-5.6, AS AMENDED BY P.L.10-2019,
936	936	25 SECTION 125, IS AMENDED TO READ AS FOLLOWS
937	937	26 [EFFECTIVE JULY 1, 2023]: Sec. 5.6. (a) Except as provided in
938	938	27 subsection (c), a court may make a finding described in this section at
939	939	28 any phase of a child in need of services proceeding.
940	940	29 (b) Reasonable efforts to reunify a child with the child's parent,
941	941	30 guardian, or custodian or preserve a child's family as described in
942	942	31 section 5.5 of this chapter are not required if the court finds any of the
943	943	32 following:
944	944	33 (1) A parent, guardian, or custodian of a child who is a child in
945	945	34 need of services has been convicted of:
946	946	35 (A) an offense described in IC 31-35-3-4(1)(B) or
947	947	36 IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J)
948	948	37 IC 31-35-3-4(1)(K) against a victim who is:
949	949	38 (i) a child described in IC 31-35-3-4(2); or
950	950	39 (ii) a parent of the child; or
951	951	40 (B) a comparable offense as described in clause (A) in any
952	952	41 other state, territory, or country by a court of competent
953	953	42 jurisdiction.
954	954	2023 IN 67—LS 6268/DI 106 23
955	955	1 (2) A parent, guardian, or custodian of a child who is a child in
956	956	2 need of services:
957	957	3 (A) has been convicted of:
958	958	4 (i) the murder (IC 35-42-1-1) or voluntary manslaughter (IC
959	959	5 35-42-1-3) of a victim who is a child described in
960	960	6 IC 31-35-3-4(2)(B) or a parent of the child; or
961	961	7 (ii) a comparable offense described in item (i) in any other
962	962	8 state, territory, or country; or
963	963	9 (B) has been convicted of:
964	964	10 (i) aiding, inducing, or causing another person;
965	965	11 (ii) attempting; or
966	966	12 (iii) conspiring with another person;
967	967	13 to commit an offense described in clause (A).
968	968	14 (3) A parent, guardian, or custodian of a child who is a child in
969	969	15 need of services has been convicted of:
970	970	16 (A) battery as a Class A felony (for a crime committed before
971	971	17 July 1, 2014) or Level 2 felony (for a crime committed after
972	972	18 June 30, 2014);
973	973	19 (B) battery as a Class B felony (for a crime committed before
974	974	20 July 1, 2014) or Level 3 or Level 4 felony (for a crime
975	975	21 committed after June 30, 2014);
976	976	22 (C) battery as a Class C felony (for a crime committed before
977	977	23 July 1, 2014) or Level 5 felony (for a crime committed after
978	978	24 June 30, 2014);
979	979	25 (D) aggravated battery (IC 35-42-2-1.5);
980	980	26 (E) criminal recklessness (IC 35-42-2-2) as a Class C felony
981	981	27 (for a crime committed before July 1, 2014) or a Level 5
982	982	28 felony (for a crime committed after June 30, 2014);
983	983	29 (F) neglect of a dependent (IC 35-46-1-4) as a Class B felony
984	984	30 (for a crime committed before July 1, 2014) or a Level 1 or
985	985	31 Level 3 felony (for a crime committed after June 30, 2014);
986	986	32 (G) promotion of human labor trafficking, promotion of human
987	987	33 sexual trafficking, promotion of child sexual trafficking,
988	988	34 promotion of sexual trafficking of a younger child, child
989	989	35 sexual trafficking, or human trafficking (IC 35-42-3.5-1
990	990	36 through IC 35-42-3.5-1.4) as a felony; or
991	991	37 (H) a comparable offense described in clauses (A) through (G)
992	992	38 under federal law or in another state, territory, or country;
993	993	39 against a child described in IC 31-35-3-4(2)(B).
994	994	40 (4) The parental rights of a parent with respect to a biological or
995	995	41 adoptive sibling of a child who is a child in need of services have
996	996	42 been involuntarily terminated by a court under:
997	997	2023 IN 67—LS 6268/DI 106 24
998	998	1 (A) IC 31-35-2 (involuntary termination involving a
999	999	2 delinquent child or a child in need of services);
1000	1000	3 (B) IC 31-35-3 (involuntary termination involving an
1001	1001	4 individual convicted of a criminal offense); or
1002	1002	5 (C) any comparable law described in clause (A) or (B) in any
1003	1003	6 other state, territory, or country.
1004	1004	7 (5) The child is an abandoned infant, provided that the court:
1005	1005	8 (A) has appointed a guardian ad litem or court appointed
1006	1006	9 special advocate for the child; and
1007	1007	10 (B) after receiving a written report and recommendation from
1008	1008	11 the guardian ad litem or court appointed special advocate, and
1009	1009	12 after a hearing, finds that reasonable efforts to locate the
1010	1010	13 child's parents or reunify the child's family would not be in the
1011	1011	14 best interests of the child.
1012	1012	15 (c) During or at any time after the first periodic case review under
1013	1013	16 IC 31-34-21-2 of a child in need of services proceeding, if the court
1014	1014	17 finds that a parent, guardian, or custodian of the child has been charged
1015	1015	18 with an offense described in subsection (b)(3) and is awaiting trial, the
1016	1016	19 court may make a finding that reasonable efforts to reunify the child
1017	1017	20 with the child's parent, guardian, or custodian or preserve the child's
1018	1018	21 family as described in section 5.5 of this chapter may be suspended
1019	1019	22 pending the disposition of the parent's, guardian's, or custodian's
1020	1020	23 criminal charge.
1021	1021	24 SECTION 16. IC 31-35-3-4, AS AMENDED BY P.L.214-2013,
1022	1022	25 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1023	1023	26 JULY 1, 2023]: Sec. 4. If:
1024	1024	27 (1) an individual is convicted of the offense of:
1025	1025	28 (A) murder (IC 35-42-1-1);
1026	1026	29 (B) causing suicide (IC 35-42-1-2);
1027	1027	30 (C) voluntary manslaughter (IC 35-42-1-3);
1028	1028	31 (D) involuntary manslaughter (IC 35-42-1-4);
1029	1029	32 (E) rape (IC 35-42-4-1);
1030	1030	33 (F) criminal deviate conduct (IC 35-42-4-2) (repealed);
1031	1031	34 (G) child molesting (IC 35-42-4-3);
1032	1032	35 (H) child exploitation (IC 35-42-4-4);
1033	1033	36 (I) sexual misconduct with a minor (IC 35-42-4-9); or
1034	1034	37 (J) sex with a minor (IC 35-42-4-9.5); or
1035	1035	38 (J) (K) incest (IC 35-46-1-3); and
1036	1036	39 (2) the victim of the offense:
1037	1037	40 (A) was less than:
1038	1038	41 (i) sixteen (16) years of age at the time of the offense for an
1039	1039	42 offense described in subdivision (1)(A) through (1)(I) or
1040	1040	2023 IN 67—LS 6268/DI 106 25
1041	1041	1 subdivision (1)(K); and or
1042	1042	2 (ii) eighteen (18) years of age at the time of the offense
1043	1043	3 for an offense described in subdivision (1)(J); and
1044	1044	4 (B) is:
1045	1045	5 (i) the individual's biological or adoptive child; or
1046	1046	6 (ii) the child of a spouse of the individual who has
1047	1047	7 committed the offense;
1048	1048	8 the attorney for the department, the child's guardian ad litem, or the
1049	1049	9 court appointed special advocate may file a petition with the juvenile
1050	1050	10 or probate court to terminate the parent-child relationship of the
1051	1051	11 individual who has committed the offense with the victim of the
1052	1052	12 offense, the victim's siblings, or any biological or adoptive child of that
1053	1053	13 individual.
1054	1054	14 SECTION 17. IC 35-31.5-2-216, AS AMENDED BY P.L.48-2017,
1055	1055	15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1056	1056	16 JULY 1, 2023]: Sec. 216. "Offense relating to a criminal sexual act"
1057	1057	17 means the following:
1058	1058	18 (1) Rape (IC 35-42-4-1).
1059	1059	19 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
1060	1060	20 (3) Child molesting (IC 35-42-4-3).
1061	1061	21 (4) Child seduction (IC 35-42-4-7).
1062	1062	22 (5) Prostitution (IC 35-45-4-2).
1063	1063	23 (6) Making an unlawful proposition (IC 35-45-4-3).
1064	1064	24 (7) Incest (IC 35-46-1-3).
1065	1065	25 (8) Sexual misconduct with a minor under IC 35-42-4-9(a).
1066	1066	26 (9) Sex with a minor under IC 35-42-4-9.5(a).
1067	1067	27 SECTION 18. IC 35-38-2-2.4, AS AMENDED BY P.L.1-2010,
1068	1068	28 SECTION 142, IS AMENDED TO READ AS FOLLOWS
1069	1069	29 [EFFECTIVE JULY 1, 2023]: Sec. 2.4. As a condition of probation, the
1070	1070	30 court may require a sex offender (as defined in IC 11-8-8-4.5) to:
1071	1071	31 (1) participate in a treatment program for sex offenders approved
1072	1072	32 by the court; and
1073	1073	33 (2) avoid contact with any person who is less than sixteen (16)
1074	1074	34 eighteen (18) years of age unless the probationer:
1075	1075	35 (A) receives the court's approval; or
1076	1076	36 (B) successfully completes the treatment program referred to
1077	1077	37 in subdivision (1).
1078	1078	38 SECTION 19. IC 35-38-2-2.5, AS AMENDED BY P.L.13-2016,
1079	1079	39 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1080	1080	40 JULY 1, 2023]: Sec. 2.5. (a) As used in this section, "offender" means
1081	1081	41 an individual convicted of a sex offense.
1082	1082	42 (b) As used in this section, "sex offense" means any of the
1083	1083	2023 IN 67—LS 6268/DI 106 26
1084	1084	1 following:
1085	1085	2 (1) Rape (IC 35-42-4-1).
1086	1086	3 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
1087	1087	4 (3) Child molesting (IC 35-42-4-3).
1088	1088	5 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
1089	1089	6 (5) Vicarious sexual gratification (IC 35-42-4-5).
1090	1090	7 (6) Child solicitation (IC 35-42-4-6).
1091	1091	8 (7) Child seduction (IC 35-42-4-7).
1092	1092	9 (8) Sexual battery (IC 35-42-4-8).
1093	1093	10 (9) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
1094	1094	11 (10) Sex with a minor (IC 35-42-4-9.5).
1095	1095	12 (10) (11) Incest (IC 35-46-1-3).
1096	1096	13 (c) A condition of remaining on probation or parole after conviction
1097	1097	14 for a sex offense is that the offender not reside within one (1) mile of
1098	1098	15 the residence of the victim of the offender's sex offense.
1099	1099	16 (d) An offender:
1100	1100	17 (1) who will be placed on probation shall provide the sentencing
1101	1101	18 court and the probation department with the address where the
1102	1102	19 offender intends to reside during the period of probation:
1103	1103	20 (A) at the time of sentencing if the offender will be placed on
1104	1104	21 probation without first being incarcerated; or
1105	1105	22 (B) before the offender's release from incarceration if the
1106	1106	23 offender will be placed on probation after completing a term
1107	1107	24 of incarceration; or
1108	1108	25 (2) who will be placed on parole shall provide the parole board
1109	1109	26 with the address where the offender intends to reside during the
1110	1110	27 period of parole.
1111	1111	28 (e) An offender, while on probation or parole, may not establish a
1112	1112	29 new residence within one (1) mile of the residence of the victim of the
1113	1113	30 offender's sex offense unless the offender first obtains a waiver from
1114	1114	31 the:
1115	1115	32 (1) court, if the offender is placed on probation; or
1116	1116	33 (2) parole board, if the offender is placed on parole;
1117	1117	34 for the change of address under subsection (f).
1118	1118	35 (f) The court or parole board may waive the requirement set forth in
1119	1119	36 subsection (c) only if the court or parole board, at a hearing at which
1120	1120	37 the offender is present and of which the prosecuting attorney has been
1121	1121	38 notified, determines that:
1122	1122	39 (1) the offender has successfully completed a sex offender
1123	1123	40 treatment program during the period of probation or parole;
1124	1124	41 (2) the offender is in compliance with all terms of the offender's
1125	1125	42 probation or parole; and
1126	1126	2023 IN 67—LS 6268/DI 106 27
1127	1127	1 (3) good cause exists to allow the offender to reside within one (1)
1128	1128	2 mile of the residence of the victim of the offender's sex offense.
1129	1129	3 However, the court or parole board may not grant a waiver under this
1130	1130	4 subsection if the offender is a sexually violent predator under
1131	1131	5 IC 35-38-1-7.5 or if the offender is an offender against children under
1132	1132	6 IC 35-42-4-11.
1133	1133	7 (g) If the court or parole board grants a waiver under subsection (f),
1134	1134	8 the court or parole board shall state in writing the reasons for granting
1135	1135	9 the waiver. The court's written statement of its reasons shall be
1136	1136	10 incorporated into the record.
1137	1137	11 (h) The address of the victim of the offender's sex offense is
1138	1138	12 confidential even if the court or parole board grants a waiver under
1139	1139	13 subsection (f).
1140	1140	14 SECTION 20. IC 35-38-2-2.7, AS AMENDED BY P.L.5-2022,
1141	1141	15 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1142	1142	16 JULY 1, 2023]: Sec. 2.7. As a condition of probation or parole after
1143	1143	17 conviction for a sex offense (as defined in IC 11-8-8-5.2), the court
1144	1144	18 shall prohibit the convicted person from using a social networking web
1145	1145	19 site or an instant messaging or chat room program to communicate with
1146	1146	20 a child less than sixteen (16) eighteen (18) years of age. However, the
1147	1147	21 court may permit the offender to communicate using a social
1148	1148	22 networking web site or an instant messaging or chat room program
1149	1149	23 with:
1150	1150	24 (1) the offender's own child, stepchild, or sibling; or
1151	1151	25 (2) another relative of the offender specifically named in the
1152	1152	26 court's order.
1153	1153	27 SECTION 21. IC 35-41-4-2, AS AMENDED BY P.L.31-2020,
1154	1154	28 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1155	1155	29 JULY 1, 2023]: Sec. 2. (a) Except as otherwise provided in this section,
1156	1156	30 a prosecution for an offense is barred unless it is commenced:
1157	1157	31 (1) within five (5) years after the commission of the offense, in
1158	1158	32 the case of a Class B, Class C, or Class D felony (for a crime
1159	1159	33 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
1160	1160	34 Level 6 felony (for a crime committed after June 30, 2014); or
1161	1161	35 (2) within two (2) years after the commission of the offense, in the
1162	1162	36 case of a misdemeanor.
1163	1163	37 (b) A prosecution for a Class B or Class C felony (for a crime
1164	1164	38 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
1165	1165	39 (for a crime committed after June 30, 2014) that would otherwise be
1166	1166	40 barred under this section may be commenced within one (1) year after
1167	1167	41 the earlier of the date on which the state:
1168	1168	42 (1) first discovers evidence sufficient to charge the offender with
1169	1169	2023 IN 67—LS 6268/DI 106 28
1170	1170	1 the offense through DNA (deoxyribonucleic acid) analysis; or
1171	1171	2 (2) could have discovered evidence sufficient to charge the
1172	1172	3 offender with the offense through DNA (deoxyribonucleic acid)
1173	1173	4 analysis by the exercise of due diligence.
1174	1174	5 (c) Except as provided in subsection (e), a prosecution for a Class
1175	1175	6 A felony (for a crime committed before July 1, 2014) or a Level 1
1176	1176	7 felony or Level 2 felony (for a crime committed after June 30, 2014)
1177	1177	8 may be commenced at any time.
1178	1178	9 (d) A prosecution for murder may be commenced:
1179	1179	10 (1) at any time; and
1180	1180	11 (2) regardless of the amount of time that passes between:
1181	1181	12 (A) the date a person allegedly commits the elements of
1182	1182	13 murder; and
1183	1183	14 (B) the date the alleged victim of the murder dies.
1184	1184	15 (e) Except as provided in subsection (p), a prosecution for the
1185	1185	16 following offenses is barred unless commenced before the date that the
1186	1186	17 alleged victim of the offense reaches thirty-one (31) years of age:
1187	1187	18 (1) IC 35-42-4-3 (Child molesting).
1188	1188	19 (2) IC 35-42-4-5 (Vicarious sexual gratification).
1189	1189	20 (3) IC 35-42-4-6 (Child solicitation).
1190	1190	21 (4) IC 35-42-4-7 (Child seduction).
1191	1191	22 (5) IC 35-42-4-9 (Sexual misconduct with a minor).
1192	1192	23 (6) IC 35-42-4-9.5 (Sex with a minor).
1193	1193	24 (6) (7) IC 35-46-1-3 (Incest).
1194	1194	25 (f) A prosecution for forgery of an instrument for payment of
1195	1195	26 money, or for the uttering of a forged instrument, under IC 35-43-5-2,
1196	1196	27 is barred unless it is commenced within five (5) years after the maturity
1197	1197	28 of the instrument.
1198	1198	29 (g) If a complaint, indictment, or information is dismissed because
1199	1199	30 of an error, defect, insufficiency, or irregularity, a new prosecution may
1200	1200	31 be commenced within ninety (90) days after the dismissal even if the
1201	1201	32 period of limitation has expired at the time of dismissal, or will expire
1202	1202	33 within ninety (90) days after the dismissal.
1203	1203	34 (h) The period within which a prosecution must be commenced does
1204	1204	35 not include any period in which:
1205	1205	36 (1) the accused person is not usually and publicly resident in
1206	1206	37 Indiana or so conceals himself or herself that process cannot be
1207	1207	38 served;
1208	1208	39 (2) the accused person conceals evidence of the offense, and
1209	1209	40 evidence sufficient to charge the person with that offense is
1210	1210	41 unknown to the prosecuting authority and could not have been
1211	1211	42 discovered by that authority by exercise of due diligence; or
1212	1212	2023 IN 67—LS 6268/DI 106 29
1213	1213	1 (3) the accused person is a person elected or appointed to office
1214	1214	2 under statute or constitution, if the offense charged is theft or
1215	1215	3 conversion of public funds or bribery while in public office.
1216	1216	4 (i) For purposes of tolling the period of limitation only, a
1217	1217	5 prosecution is considered commenced on the earliest of these dates:
1218	1218	6 (1) The date of filing of an indictment, information, or complaint
1219	1219	7 before a court having jurisdiction.
1220	1220	8 (2) The date of issuance of a valid arrest warrant.
1221	1221	9 (3) The date of arrest of the accused person by a law enforcement
1222	1222	10 officer without a warrant, if the officer has authority to make the
1223	1223	11 arrest.
1224	1224	12 (j) A prosecution is considered timely commenced for any offense
1225	1225	13 to which the defendant enters a plea of guilty, notwithstanding that the
1226	1226	14 period of limitation has expired.
1227	1227	15 (k) The following apply to the specified offenses:
1228	1228	16 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
1229	1229	17 funeral trust funds) is barred unless commenced within five (5)
1230	1230	18 years after the date of death of the settlor (as described in
1231	1231	19 IC 30-2-9).
1232	1232	20 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
1233	1233	21 of funeral trust funds) is barred unless commenced within five (5)
1234	1234	22 years after the date of death of the settlor (as described in
1235	1235	23 IC 30-2-10).
1236	1236	24 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
1237	1237	25 of funeral trust or escrow account funds) is barred unless
1238	1238	26 commenced within five (5) years after the date of death of the
1239	1239	27 purchaser (as defined in IC 30-2-13-9).
1240	1240	28 (l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
1241	1241	29 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
1242	1242	30 years after the earlier of the date on which the state:
1243	1243	31 (1) first discovers evidence sufficient to charge the offender with
1244	1244	32 the offense; or
1245	1245	33 (2) could have discovered evidence sufficient to charge the
1246	1246	34 offender with the offense by the exercise of due diligence.
1247	1247	35 (m) A prosecution for a sex offense listed in IC 11-8-8-4.5 that is
1248	1248	36 committed against a child and that is not:
1249	1249	37 (1) a Class A felony (for a crime committed before July 1, 2014)
1250	1250	38 or a Level 1 felony or Level 2 felony (for a crime committed after
1251	1251	39 June 30, 2014); or
1252	1252	40 (2) listed in subsection (e);
1253	1253	41 is barred unless commenced within ten (10) years after the commission
1254	1254	42 of the offense, or within four (4) years after the person ceases to be a
1255	1255	2023 IN 67—LS 6268/DI 106 30
1256	1256	1 dependent of the person alleged to have committed the offense,
1257	1257	2 whichever occurs later.
1258	1258	3 (n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
1259	1259	4 crime committed before July 1, 2014) or as a Level 3 felony (for a
1260	1260	5 crime committed after June 30, 2014) that would otherwise be barred
1261	1261	6 under this section may be commenced not later than five (5) years after
1262	1262	7 the earlier of the date on which:
1263	1263	8 (1) the state first discovers evidence sufficient to charge the
1264	1264	9 offender with the offense through DNA (deoxyribonucleic acid)
1265	1265	10 analysis;
1266	1266	11 (2) the state first becomes aware of the existence of a recording
1267	1267	12 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
1268	1268	13 to charge the offender with the offense; or
1269	1269	14 (3) a person confesses to the offense.
1270	1270	15 (o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
1271	1271	16 (repealed) as a Class B felony for a crime committed before July 1,
1272	1272	17 2014, that would otherwise be barred under this section may be
1273	1273	18 commenced not later than five (5) years after the earliest of the date on
1274	1274	19 which:
1275	1275	20 (1) the state first discovers evidence sufficient to charge the
1276	1276	21 offender with the offense through DNA (deoxyribonucleic acid)
1277	1277	22 analysis;
1278	1278	23 (2) the state first becomes aware of the existence of a recording
1279	1279	24 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
1280	1280	25 to charge the offender with the offense; or
1281	1281	26 (3) a person confesses to the offense.
1282	1282	27 (p) A prosecution for an offense described in subsection (e) that
1283	1283	28 would otherwise be barred under this section may be commenced not
1284	1284	29 later than five (5) years after the earliest of the date on which:
1285	1285	30 (1) the state first discovers evidence sufficient to charge the
1286	1286	31 offender with the offense through DNA (deoxyribonucleic acid)
1287	1287	32 analysis;
1288	1288	33 (2) the state first becomes aware of the existence of a recording
1289	1289	34 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
1290	1290	35 to charge the offender with the offense; or
1291	1291	36 (3) a person confesses to the offense.
1292	1292	37 SECTION 22. IC 35-42-4-9.5 IS ADDED TO THE INDIANA
1293	1293	38 CODE AS A NEW SECTION TO READ AS FOLLOWS
1294	1294	39 [EFFECTIVE JULY 1, 2023]: Sec. 9.5. (a) A person at least
1295	1295	40 twenty-two (22) years of age who, with a child at least sixteen (16)
1296	1296	41 years of age but less than eighteen (18) years of age, performs or
1297	1297	42 submits to sexual intercourse or other sexual conduct (as defined
1298	1298	2023 IN 67—LS 6268/DI 106 31
1299	1299	1 in IC 35-31.5-2-221.5) commits sex with a minor, a Level 5 felony.
1300	1300	2 (b) A person at least twenty-two (22) years of age who, with a
1301	1301	3 child at least sixteen (16) years of age but less than eighteen (18)
1302	1302	4 years of age, performs or submits to any fondling or touching of
1303	1303	5 either the child or the older person, with intent to arouse or to
1304	1304	6 satisfy the sexual desires of either the child or the older person,
1305	1305	7 commits sex with a minor, a Level 6 felony.
1306	1306	8 (c) It is a defense that the accused person reasonably believed
1307	1307	9 that the child was at least eighteen (18) years of age at the time of
1308	1308	10 the conduct.
1309	1309	11 (d) It is a defense that the child is or has ever been married.
1310	1310	12 SECTION 23. IC 35-42-4-12, AS AMENDED BY P.L.5-2022,
1311	1311	13 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1312	1312	14 JULY 1, 2023]: Sec. 12. (a) This section applies only to a sex offender
1313	1313	15 (as defined in IC 11-8-8-4.5).
1314	1314	16 (b) A sex offender who knowingly or intentionally violates a:
1315	1315	17 (1) condition of probation;
1316	1316	18 (2) condition of parole; or
1317	1317	19 (3) rule of a community transition program;
1318	1318	20 that prohibits the offender from using a social networking web site or
1319	1319	21 an instant messaging or chat room program to communicate with a
1320	1320	22 child less than sixteen (16) eighteen (18) years of age commits a sex
1321	1321	23 offender Internet offense, a Class A misdemeanor. However, the
1322	1322	24 offense is a Level 6 felony if the person has a prior unrelated
1323	1323	25 conviction under this section.
1324	1324	26 (c) It is a defense to a prosecution under subsection (b) that the
1325	1325	27 person reasonably believed that the child was at least sixteen (16)
1326	1326	28 eighteen (18) years of age.
1327	1327	29 SECTION 24. IC 35-42-4-14, AS AMENDED BY P.L.142-2020,
1328	1328	30 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1329	1329	31 JULY 1, 2023]: Sec. 14. (a) As used in this section, "serious sex
1330	1330	32 offender" means a person required to register as a sex offender under
1331	1331	33 IC 11-8-8 who is:
1332	1332	34 (1) found to be a sexually violent predator under IC 35-38-1-7.5;
1333	1333	35 or
1334	1334	36 (2) convicted of one (1) or more of the following offenses:
1335	1335	37 (A) Child molesting (IC 35-42-4-3).
1336	1336	38 (B) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
1337	1337	39 (C) Possession of child pornography (IC 35-42-4-4(d) or
1338	1338	40 IC 35-42-4-4(e)).
1339	1339	41 (D) Vicarious sexual gratification (IC 35-42-4-5(a) and
1340	1340	42 IC 35-42-4-5(b)).
1341	1341	2023 IN 67—LS 6268/DI 106 32
1342	1342	1 (E) Performing sexual conduct in the presence of a minor (IC
1343	1343	2 35-42-4-5(c)).
1344	1344	3 (F) Child solicitation (IC 35-42-4-6).
1345	1345	4 (G) Child seduction (IC 35-42-4-7).
1346	1346	5 (H) Sexual misconduct with a minor (IC 35-42-4-9).
1347	1347	6 (I) Sex with a minor (IC 35-42-4-9.5).
1348	1348	7 (b) A serious sex offender who knowingly or intentionally enters
1349	1349	8 school property commits unlawful entry by a serious sex offender, a
1350	1350	9 Level 6 felony.
1351	1351	10 (c) It is a defense to a prosecution under subsection (b) that:
1352	1352	11 (1) a religious institution or house of worship is located on the
1353	1353	12 school property; and
1354	1354	13 (2) the person:
1355	1355	14 (A) enters the school property or other entity described in
1356	1356	15 IC 35-31.5-2-285(1)(A) through IC 35-31.5-2-285(1)(D) when
1357	1357	16 classes, extracurricular activities, or any other school activities
1358	1358	17 are not being held:
1359	1359	18 (i) for the sole purpose of attending worship services or
1360	1360	19 receiving religious instruction; and
1361	1361	20 (ii) not earlier than thirty (30) minutes before the beginning
1362	1362	21 of the worship services or religious instruction; and
1363	1363	22 (B) leaves the school property not later than thirty (30)
1364	1364	23 minutes after the conclusion of the worship services or
1365	1365	24 religious instruction.
1366	1366	25 SECTION 25. IC 35-44.1-3-9, AS AMENDED BY P.L.45-2022,
1367	1367	26 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1368	1368	27 JULY 1, 2023]: Sec. 9. A person who is being supervised on lifetime
1369	1369	28 parole (as described in IC 35-50-6-1) and who knowingly or
1370	1370	29 intentionally:
1371	1371	30 (1) violates a condition (including a special condition imposed by
1372	1372	31 the parole board) of lifetime parole; or
1373	1373	32 (2) without the authorization of the parole board, has direct or
1374	1374	33 indirect contact with:
1375	1375	34 (A) a child less than sixteen (16) eighteen (18) years of age;
1376	1376	35 or
1377	1377	36 (B) the victim of a sex offense committed by the person;
1378	1378	37 commits criminal violation of a lifetime parole condition, a Level 6
1379	1379	38 felony. However, the offense is a Level 5 felony if the person has a
1380	1380	39 prior unrelated conviction under this section.
1381	1381	40 SECTION 26. IC 35-50-2-14, AS AMENDED BY P.L.142-2020,
1382	1382	41 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1383	1383	42 JULY 1, 2023]: Sec. 14. (a) As used in this section, "sex offense"
1384	1384	2023 IN 67—LS 6268/DI 106 33
1385	1385	1 means a felony conviction under IC 35-42-4-1 through IC 35-42-4-9
1386	1386	2 IC 35-42-4-9.5 or under IC 35-46-1-3.
1387	1387	3 (b) The state may seek to have a person sentenced as a repeat sexual
1388	1388	4 offender for a sex offense described in subsection (a) by alleging, on a
1389	1389	5 page separate from the rest of the charging instrument, that the person
1390	1390	6 has accumulated one (1) prior unrelated felony conviction for a sex
1391	1391	7 offense described in subsection (a).
1392	1392	8 (c) After a person has been convicted and sentenced for a felony
1393	1393	9 described in subsection (a) after having been sentenced for a prior
1394	1394	10 unrelated sex offense described in subsection (a), the person has
1395	1395	11 accumulated one (1) prior unrelated felony sex offense conviction.
1396	1396	12 However, a conviction does not count for purposes of this subsection,
1397	1397	13 if:
1398	1398	14 (1) it has been set aside; or
1399	1399	15 (2) it is a conviction for which the person has been pardoned.
1400	1400	16 (d) If the person was convicted of the sex offense in a jury trial, the
1401	1401	17 jury shall reconvene to hear evidence in the enhancement hearing. If
1402	1402	18 the trial was to the court, or the judgment was entered on a guilty plea,
1403	1403	19 the court alone shall hear evidence in the enhancement hearing.
1404	1404	20 (e) A person is a repeat sexual offender if the jury (if the hearing is
1405	1405	21 by jury) or the court (if the hearing is to the court alone) finds that the
1406	1406	22 state has proved beyond a reasonable doubt that the person had
1407	1407	23 accumulated one (1) prior unrelated felony sex offense conviction.
1408	1408	24 (f) The court may sentence a person found to be a repeat sexual
1409	1409	25 offender to an additional fixed term that is the advisory sentence for the
1410	1410	26 underlying offense. However, the additional sentence may not exceed
1411	1411	27 ten (10) years.
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