Indiana 2023 Regular Session

Indiana Senate Bill SB0481 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. 481
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-2-6-25; IC 16-21-2-15.2; IC 24-4.
7	7	Synopsis: Human trafficking. Provides that the human trafficking
8	8	prevention and victim assistance fund may provide funds for victim
9	9	transition services. Allows a community based organization to inspect
10	10	sexually oriented businesses. Requires that all hospital staff likely to
11	11	have direct, ongoing contact with patients are required to participate in
12	12	training pertaining to the identification and reporting of human
13	13	trafficking. Requires sexually oriented businesses and hotels to provide
14	14	certain training pertaining to the identification and reporting of human
15	15	trafficking. Provides that a sexually oriented business or hotel that fails
16	16	to provide this training commits a Class A infraction. Establishes an
17	17	annual $500 inspection fee to be paid by sexually oriented businesses
18	18	to be deposited into the human trafficking prevention and victim
19	19	assistance fund.
20	20	Effective: July 1, 2023.
21	21	Pol Jr.
22	22	January 19, 2023, read first time and referred to Committee on Corrections and Criminal
23	23	Law.
24	24	2023 IN 481—LS 7164/DI 149 Introduced
25	25	First Regular Session of the 123rd General Assembly (2023)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2022 Regular Session of the General Assembly.
35	35	SENATE BILL No. 481
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning state
37	37	and local administration.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 5-2-6-25, AS ADDED BY P.L.237-2015,
40	40	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41	41	3 JULY 1, 2023]: Sec. 25. (a) The human trafficking prevention and
42	42	4 victim assistance fund is established for the purpose of providing funds
43	43	5 for:
44	44	6 (1) human trafficking victim services; and
45	45	7 (2) transition services for human trafficking victims; and
46	46	8 (2) (3) human trafficking prevention programs provided by
47	47	9 community based organizations, including the inspection of
48	48	10 sexually oriented businesses (as defined in IC 24-4-16.5-1).
49	49	11 Money in the fund may be used only to carry out the purposes of the
50	50	12 fund.
51	51	13 (b) The fund shall be administered by the institute.
52	52	14 (c) The fund consists of:
53	53	15 (1) money deposited in the fund under IC 32-30-7-24.5 and
54	54	16 IC 24-4-16.5-3;
55	55	17 (2) grants; and
56	56	2023 IN 481—LS 7164/DI 149 2
57	57	1 (3) donations.
58	58	2 (d) The expenses of administering the fund shall be paid from
59	59	3 money in the fund.
60	60	4 (e) The treasurer of state shall invest the money in the fund not
61	61	5 currently needed to meet the obligations of the fund in the same
62	62	6 manner as other public money may be invested. Interest that accrues
63	63	7 from these investments shall be deposited in the fund.
64	64	8 (f) Money in the fund at the end of a state fiscal year does not revert
65	65	9 to the state general fund.
66	66	10 (g) The state is subrogated to the rights of a victim to whom services
67	67	11 are provided, to the extent of the services. The subrogation rights are
68	68	12 against the perpetrator of the crime or a person otherwise liable for the
69	69	13 loss. If the victim brings a civil action against the perpetrator of the
70	70	14 crime or against the person otherwise liable for the loss, the victim
71	71	15 shall promptly notify the institute of the filing of the civil action.
72	72	16 (h) In addition to the subrogation rights under subsection (g), the
73	73	17 state is entitled to a lien in the amount of the services provided on a
74	74	18 recovery made by or on behalf of the victim. The state may:
75	75	19 (1) recover the amount of services in a separate action; or
76	76	20 (2) intervene in an action brought by or on behalf of the victim.
77	77	21 SECTION 2. IC 16-21-2-15.2 IS ADDED TO THE INDIANA
78	78	22 CODE AS A NEW SECTION TO READ AS FOLLOWS
79	79	23 [EFFECTIVE JULY 1, 2023]: Sec. 15.2. (a) To obtain a license under
80	80	24 this chapter, a hospital must demonstrate that the hospital has
81	81	25 established procedures designed to reduce human trafficking.
82	82	26 These procedures must include training pertaining to the
83	83	27 identification and reporting of human trafficking.
84	84	28 (b) The training described in subsection (a) is required of all
85	85	29 hospital staff likely to have direct, ongoing contact with patients
86	86	30 within the scope of the employee's employment.
87	87	31 (c) Failure to comply with this section is grounds for suspension
88	88	32 or revocation of a hospital's license.
89	89	33 SECTION 3. IC 24-4-16.5 IS ADDED TO THE INDIANA CODE
90	90	34 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
91	91	35 JULY 1, 2023]:
92	92	36 Chapter 16.5. Sexually Oriented Businesses
93	93	37 Sec. 1. The following definitions apply throughout this chapter:
94	94	38 (1) "Adult arcade" means a commercial establishment to
95	95	39 which the public is permitted or invited that maintains booths
96	96	40 or rooms smaller than one hundred (100) square feet in which
97	97	41 image producing devices are regularly maintained to show
98	98	42 images characterized by their emphasis upon matter
99	99	2023 IN 481—LS 7164/DI 149 3
100	100	1 exhibiting specified sexual activities or specified anatomical
101	101	2 areas.
102	102	3 (2) "Adult bookstore" means a commercial establishment
103	103	4 which, as one (1) of its principal business activities, offers for
104	104	5 sale or rental for any form of consideration:
105	105	6 (A) books, magazines, periodicals, or other printed matter;
106	106	7 or
107	107	8 (B) photographs, films, motion pictures, video cassettes,
108	108	9 compact discs, digital video discs, slides, or other visual
109	109	10 representations;
110	110	11 which are characterized by their emphasis upon the display
111	111	12 of specified sexual activities or specified anatomical areas.
112	112	13 (3) "Adult cabaret" means a nightclub, bar, juice bar,
113	113	14 restaurant, bottle club, or similar commercial establishment
114	114	15 that regularly offers live nude or seminude conduct.
115	115	16 (4) "Adult motion picture theater" means a commercial
116	116	17 establishment to which the public is permitted or invited that
117	117	18 maintains viewing rooms that are one hundred (100) square
118	118	19 feet or larger in which films or videos characterized by their
119	119	20 emphasis upon specified sexual activities or specified
120	120	21 anatomical areas are regularly shown.
121	121	22 (5) "Sexual device shop" means a commercial establishment:
122	122	23 (A) where more than one hundred (100) sexual devices
123	123	24 are regularly made available for sale or rental; or
124	124	25 (B) where sexual devices are regularly made available
125	125	26 for sale or rental and the establishment regularly gives
126	126	27 special prominence to sexual devices, such as by using
127	127	28 lighted display cases for sexual devices, having a room or
128	128	29 discrete area of the establishment significantly devoted
129	129	30 to sexual devices, positioning sexual devices near cash
130	130	31 registers or similar points of sale, hosting events focused
131	131	32 on sexual devices, or holding itself out to the public as a
132	132	33 place that focuses on sexual devices.
133	133	34 The term does not include an establishment located within a
134	134	35 regional shopping mall, an establishment containing a
135	135	36 pharmacy that employs a licensed pharmacist to fill
136	136	37 prescriptions on the premises, or an establishment that is
137	137	38 enrolled in Medicare as a durable medical equipment,
138	138	39 prosthetics, and supplies (DMEPOS) supplier.
139	139	40 (6) "Sexually oriented business" means an adult arcade, an
140	140	41 adult bookstore, an adult cabaret, an adult motion picture
141	141	42 theater, or a sexual device shop.
142	142	2023 IN 481—LS 7164/DI 149 4
143	143	1 Sec. 2. (a) A sexually oriented business must provide training
144	144	2 pertaining to the identification and reporting of human trafficking.
145	145	3 (b) The training described in subsection (a) is required of all
146	146	4 staff likely to have contact with customers of the sexually oriented
147	147	5 business within the scope of the employee's employment.
148	148	6 (c) A violation of this section is a Class A infraction.
149	149	7 Sec. 3. (a) The Indiana criminal justice institute shall collect a
150	150	8 five hundred dollar ($500) inspection fee from each sexually
151	151	9 oriented business.
152	152	10 (b) The fees collected under this section shall be:
153	153	11 (1) collected before August 1, 2023, and before August 1 of
154	154	12 each year thereafter; and
155	155	13 (2) deposited into the human trafficking prevention and
156	156	14 victim assistance fund established by IC 5-2-6-25.
157	157	15 SECTION 4. IC 24-4-23 IS ADDED TO THE INDIANA CODE AS
158	158	16 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
159	159	17 1, 2023]:
160	160	18 Chapter 23. Training on Human Trafficking
161	161	19 Sec. 1. The following definitions apply throughout this chapter:
162	162	20 (1) "Guest" means each individual that uses a service of a
163	163	21 hotel.
164	164	22 (2) "Hotel" means a commercial establishment that provides
165	165	23 lodging accommodations to the public.
166	166	24 Sec. 2. (a) A hotel must provide training pertaining to the
167	167	25 identification and reporting of human trafficking.
168	168	26 (b) The training described in subsection (a) is required of all
169	169	27 hotel staff likely to have direct, ongoing contact with guests within
170	170	28 the scope of the employee's employment.
171	171	29 Sec. 3. A violation of section 2 of this chapter is a Class A
172	172	30 infraction.
173	173	2023 IN 481—LS 7164/DI 149