Introduced Version
SENATE BILL No. 481
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-6-25; IC 16-21-2-15.2; IC 24-4.
Synopsis: Human trafficking. Provides that the human trafficking
prevention and victim assistance fund may provide funds for victim
transition services. Allows a community based organization to inspect
sexually oriented businesses. Requires that all hospital staff likely to
have direct, ongoing contact with patients are required to participate in
training pertaining to the identification and reporting of human
trafficking. Requires sexually oriented businesses and hotels to provide
certain training pertaining to the identification and reporting of human
trafficking. Provides that a sexually oriented business or hotel that fails
to provide this training commits a Class A infraction. Establishes an
annual $500 inspection fee to be paid by sexually oriented businesses
to be deposited into the human trafficking prevention and victim
assistance fund.
Effective: July 1, 2023.
Pol Jr.
January 19, 2023, read first time and referred to Committee on Corrections and Criminal
Law.
2023 IN 481—LS 7164/DI 149 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE BILL No. 481
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-6-25, AS ADDED BY P.L.237-2015,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 25. (a) The human trafficking prevention and
4 victim assistance fund is established for the purpose of providing funds
5 for:
6 (1) human trafficking victim services; and
7 (2) transition services for human trafficking victims; and
8 (2) (3) human trafficking prevention programs provided by
9 community based organizations, including the inspection of
10 sexually oriented businesses (as defined in IC 24-4-16.5-1).
11 Money in the fund may be used only to carry out the purposes of the
12 fund.
13 (b) The fund shall be administered by the institute.
14 (c) The fund consists of:
15 (1) money deposited in the fund under IC 32-30-7-24.5 and
16 IC 24-4-16.5-3;
17 (2) grants; and
2023 IN 481—LS 7164/DI 149 2
1 (3) donations.
2 (d) The expenses of administering the fund shall be paid from
3 money in the fund.
4 (e) The treasurer of state shall invest the money in the fund not
5 currently needed to meet the obligations of the fund in the same
6 manner as other public money may be invested. Interest that accrues
7 from these investments shall be deposited in the fund.
8 (f) Money in the fund at the end of a state fiscal year does not revert
9 to the state general fund.
10 (g) The state is subrogated to the rights of a victim to whom services
11 are provided, to the extent of the services. The subrogation rights are
12 against the perpetrator of the crime or a person otherwise liable for the
13 loss. If the victim brings a civil action against the perpetrator of the
14 crime or against the person otherwise liable for the loss, the victim
15 shall promptly notify the institute of the filing of the civil action.
16 (h) In addition to the subrogation rights under subsection (g), the
17 state is entitled to a lien in the amount of the services provided on a
18 recovery made by or on behalf of the victim. The state may:
19 (1) recover the amount of services in a separate action; or
20 (2) intervene in an action brought by or on behalf of the victim.
21 SECTION 2. IC 16-21-2-15.2 IS ADDED TO THE INDIANA
22 CODE AS A NEW SECTION TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2023]: Sec. 15.2. (a) To obtain a license under
24 this chapter, a hospital must demonstrate that the hospital has
25 established procedures designed to reduce human trafficking.
26 These procedures must include training pertaining to the
27 identification and reporting of human trafficking.
28 (b) The training described in subsection (a) is required of all
29 hospital staff likely to have direct, ongoing contact with patients
30 within the scope of the employee's employment.
31 (c) Failure to comply with this section is grounds for suspension
32 or revocation of a hospital's license.
33 SECTION 3. IC 24-4-16.5 IS ADDED TO THE INDIANA CODE
34 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2023]:
36 Chapter 16.5. Sexually Oriented Businesses
37 Sec. 1. The following definitions apply throughout this chapter:
38 (1) "Adult arcade" means a commercial establishment to
39 which the public is permitted or invited that maintains booths
40 or rooms smaller than one hundred (100) square feet in which
41 image producing devices are regularly maintained to show
42 images characterized by their emphasis upon matter
2023 IN 481—LS 7164/DI 149 3
1 exhibiting specified sexual activities or specified anatomical
2 areas.
3 (2) "Adult bookstore" means a commercial establishment
4 which, as one (1) of its principal business activities, offers for
5 sale or rental for any form of consideration:
6 (A) books, magazines, periodicals, or other printed matter;
7 or
8 (B) photographs, films, motion pictures, video cassettes,
9 compact discs, digital video discs, slides, or other visual
10 representations;
11 which are characterized by their emphasis upon the display
12 of specified sexual activities or specified anatomical areas.
13 (3) "Adult cabaret" means a nightclub, bar, juice bar,
14 restaurant, bottle club, or similar commercial establishment
15 that regularly offers live nude or seminude conduct.
16 (4) "Adult motion picture theater" means a commercial
17 establishment to which the public is permitted or invited that
18 maintains viewing rooms that are one hundred (100) square
19 feet or larger in which films or videos characterized by their
20 emphasis upon specified sexual activities or specified
21 anatomical areas are regularly shown.
22 (5) "Sexual device shop" means a commercial establishment:
23 (A) where more than one hundred (100) sexual devices
24 are regularly made available for sale or rental; or
25 (B) where sexual devices are regularly made available
26 for sale or rental and the establishment regularly gives
27 special prominence to sexual devices, such as by using
28 lighted display cases for sexual devices, having a room or
29 discrete area of the establishment significantly devoted
30 to sexual devices, positioning sexual devices near cash
31 registers or similar points of sale, hosting events focused
32 on sexual devices, or holding itself out to the public as a
33 place that focuses on sexual devices.
34 The term does not include an establishment located within a
35 regional shopping mall, an establishment containing a
36 pharmacy that employs a licensed pharmacist to fill
37 prescriptions on the premises, or an establishment that is
38 enrolled in Medicare as a durable medical equipment,
39 prosthetics, and supplies (DMEPOS) supplier.
40 (6) "Sexually oriented business" means an adult arcade, an
41 adult bookstore, an adult cabaret, an adult motion picture
42 theater, or a sexual device shop.
2023 IN 481—LS 7164/DI 149 4
1 Sec. 2. (a) A sexually oriented business must provide training
2 pertaining to the identification and reporting of human trafficking.
3 (b) The training described in subsection (a) is required of all
4 staff likely to have contact with customers of the sexually oriented
5 business within the scope of the employee's employment.
6 (c) A violation of this section is a Class A infraction.
7 Sec. 3. (a) The Indiana criminal justice institute shall collect a
8 five hundred dollar ($500) inspection fee from each sexually
9 oriented business.
10 (b) The fees collected under this section shall be:
11 (1) collected before August 1, 2023, and before August 1 of
12 each year thereafter; and
13 (2) deposited into the human trafficking prevention and
14 victim assistance fund established by IC 5-2-6-25.
15 SECTION 4. IC 24-4-23 IS ADDED TO THE INDIANA CODE AS
16 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
17 1, 2023]:
18 Chapter 23. Training on Human Trafficking
19 Sec. 1. The following definitions apply throughout this chapter:
20 (1) "Guest" means each individual that uses a service of a
21 hotel.
22 (2) "Hotel" means a commercial establishment that provides
23 lodging accommodations to the public.
24 Sec. 2. (a) A hotel must provide training pertaining to the
25 identification and reporting of human trafficking.
26 (b) The training described in subsection (a) is required of all
27 hotel staff likely to have direct, ongoing contact with guests within
28 the scope of the employee's employment.
29 Sec. 3. A violation of section 2 of this chapter is a Class A
30 infraction.
2023 IN 481—LS 7164/DI 149