*HB1021.1*
January 29, 2024
HOUSE BILL No. 1021
_____
DIGEST OF HB 1021 (Updated January 29, 2024 10:59 am - DI 140)
Citations Affected: IC 5-2; IC 10-13; IC 12-7; IC 12-10; IC 12-17.2;
IC 16-37; IC 20-26; IC 20-33; IC 31-34; IC 31-36; IC 34-30;
IC 35-44.1.
Synopsis: Green alert for missing at risk veterans. Defines "veteran at
risk". Creates the green alert program to provide for public notification
regarding missing veterans at risk. Changes the name of the Indiana
clearinghouse for information on missing children and missing
endangered adults to the Indiana clearinghouse for information on
missing children, missing veterans at risk, and missing endangered
adults (clearinghouse). Makes conforming changes to the duties of the
clearinghouse. Creates certain duties and reporting requirements for
law enforcement agencies concerning missing veterans at risk. Provides
immunity for a broadcaster who broadcasts, or an electronic billboard
operator who displays, a green alert notification and a person who
establishes or maintains a green alert website under an agreement with
the state police department. Makes technical corrections.
Effective: July 1, 2024.
Gore, Pack, Bartels, Jeter
January 8, 2024, read first time and referred to Committee on Veterans Affairs and Public
Safety.
January 29, 2024, reported — Do Pass.
HB 1021—LS 6230/DI 119 January 29, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1021
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-17-1, AS ADDED BY P.L.92-2007, SECTION
2 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2024]: Sec. 1. As used in this chapter, "high risk missing person"
4 means a person whose whereabouts are not known and who may be at
5 risk of injury or death. The term includes the following:
6 (1) A person who is missing as the result of abduction by a
7 stranger.
8 (2) A person whose disappearance may be the result of the
9 commission of a crime.
10 (3) A person whose disappearance occurred under circumstances
11 that are inherently dangerous.
12 (4) A person who is missing for more than thirty (30) days.
13 (5) A missing person who is in need of medical attention or
14 prescription medication.
15 (6) A missing person who may be at risk due to abduction by a
16 noncustodial parent.
17 (7) A missing person who is mentally impaired.
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1 (8) A missing person who is less than twenty-one (21) years of
2 age.
3 (9) A missing person who has previously been the victim of a
4 threat of violence or an act of violence.
5 (10) A missing person who has been determined by a law
6 enforcement agency to be:
7 (A) at risk of injury or death; or
8 (B) a person that meets any of the descriptions in subdivisions
9 (1) through (9).
10 (11) A missing person who is an endangered adult (as defined in
11 IC 12-7-2-131.3).
12 (12) A missing person who is a veteran at risk (as defined in
13 IC 12-7-2-197.3).
14 SECTION 2. IC 5-2-17-3, AS ADDED BY P.L.92-2007, SECTION
15 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
16 2024]: Sec. 3. A law enforcement agency receiving a report of a
17 missing:
18 (1) child less than eighteen (18) years of age shall comply with
19 the requirements of IC 31-36-2; or
20 (2) endangered adult (as defined in IC 12-7-2-131.3) shall comply
21 with the requirements of IC 12-10-18; or
22 (3) veteran at risk (as defined in IC 12-7-2-197.3) shall comply
23 with the requirements of IC 12-10-18;
24 in addition to the procedures described in this chapter.
25 SECTION 3. IC 10-13-5-3, AS AMENDED BY P.L.43-2009,
26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]: Sec. 3. As used in this chapter, "clearinghouse" refers
28 to the Indiana clearinghouse for information on missing children,
29 missing veterans at risk, and missing endangered adults established
30 by section 5 of this chapter.
31 SECTION 4. IC 10-13-5-3.5 IS ADDED TO THE INDIANA CODE
32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
33 1, 2024]: Sec. 3.5. As used in this chapter, "green alert program"
34 means a program under which the clearinghouse transmits
35 information about missing veterans at risk to broadcasters who:
36 (1) have agreed to participate in the program; and
37 (2) immediately and repeatedly broadcast the information to
38 the general public.
39 SECTION 5. IC 10-13-5-4.5 IS ADDED TO THE INDIANA CODE
40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
41 1, 2024]: Sec. 4.5. As used in this chapter, "missing veteran at risk"
42 means a veteran who is a high risk missing person under
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1 IC 5-2-17-1.
2 SECTION 6. IC 10-13-5-5, AS AMENDED BY P.L.43-2009,
3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 5. The Indiana clearinghouse for information on
5 missing children, missing veterans at risk, and missing endangered
6 adults is established within the department.
7 SECTION 7. IC 10-13-5-6, AS AMENDED BY P.L.43-2009,
8 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2024]: Sec. 6. (a) The superintendent shall designate staff
10 responsible for the operation of the clearinghouse.
11 (b) The staff's duties include the following:
12 (1) Creation and operation of an intrastate network of
13 communication designed for the speedy collection and processing
14 of information concerning missing children, missing veterans at
15 risk, and missing endangered adults.
16 (2) Creation and operation of a central data storage, retrieval, and
17 information distribution system designed for the exchange of
18 information on missing children, missing veterans at risk, and
19 missing endangered adults within and outside Indiana. The system
20 must be capable of interacting with:
21 (A) the Indiana data and communication system under
22 IC 10-13-3-35; and
23 (B) the National Crime Information Center.
24 (3) Development of appropriate forms for the reporting of missing
25 children, missing veterans at risk, and missing endangered
26 adults that may be used by law enforcement agencies and private
27 citizens to provide useful information about a missing child, a
28 missing veteran at risk, or a missing endangered adult to the
29 clearinghouse.
30 (4) Cooperation with the following agencies concerning the
31 location of missing children, missing veterans at risk, and
32 missing endangered adults:
33 (A) State and local public and private nonprofit agencies
34 involved with the location and recovery of missing persons.
35 (B) Agencies of the federal government.
36 (C) State and local law enforcement agencies within and
37 outside Indiana.
38 (5) Coordinating efforts to locate missing children, missing
39 veterans at risk, and missing endangered adults with the
40 agencies listed in subdivision (4).
41 (6) Operation of the toll free telephone line created under section
42 7(a) of this chapter.
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1 (7) Publishing and updating, on a quarterly basis, a directory of
2 missing children, missing veterans at risk, and missing
3 endangered adults.
4 (8) Compiling statistics on missing children, missing veterans at
5 risk, and missing endangered adult cases handled by the
6 clearinghouse, including the number of cases resolved each year.
7 SECTION 8. IC 10-13-5-7, AS AMENDED BY P.L.56-2023,
8 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2024]: Sec. 7. (a) The clearinghouse shall do the following:
10 (1) Collect, process, and maintain identification and investigative
11 information to aid in finding missing children, missing veterans
12 at risk, and missing endangered adults.
13 (2) Establish a statewide, toll free telephone line for the reporting:
14 (A) of missing children, missing veterans at risk, and missing
15 endangered adults; and
16 (B) of sightings of missing children, missing veterans at risk,
17 and missing endangered adults.
18 (3) Prescribe a uniform reporting form concerning missing
19 children, missing veterans at risk, and missing endangered
20 adults for use by law enforcement agencies within Indiana.
21 (4) Assist in training law enforcement and other professionals on
22 issues relating to missing children, missing veterans at risk, and
23 missing endangered adults.
24 (5) Operate a resource center of information regarding the
25 prevention of:
26 (A) the abduction of children; and
27 (B) the sexual exploitation of children.
28 (6) Distribute the quarterly directory prepared under section
29 6(b)(7) of this chapter to schools and hospitals.
30 (7) Distribute the quarterly directory described in subdivision (6)
31 to child care centers and child care homes that make an annual
32 contribution of four dollars ($4) to the clearinghouse. The
33 contributions must be used to help defray the cost of publishing
34 the quarterly directory.
35 (b) For a missing child who was born in Indiana, the clearinghouse
36 shall notify the vital statistics division of the Indiana department of
37 health:
38 (1) within fifteen (15) days after receiving a report under
39 IC 31-36-1-3 (or IC 31-6-13-4 before its repeal) of a missing child
40 less than thirteen (13) years of age; and
41 (2) promptly after the clearinghouse is notified that a missing
42 child has been found.
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1 (c) Upon receiving notification under subsection (b) that a child is
2 missing or has been found, the vital statistics division of the Indiana
3 department of health shall notify the local health department or the
4 health and hospital corporation that has jurisdiction over the area where
5 the child was born.
6 (d) Information collected, processed, or maintained by the
7 clearinghouse under subsection (a) is confidential and is not subject to
8 IC 5-14-3, but may be disclosed by the clearinghouse for purposes of
9 locating missing children, missing veterans at risk, and missing
10 endangered adults.
11 SECTION 9. IC 10-13-5-8, AS AMENDED BY P.L.115-2018,
12 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 8. (a) The clearinghouse shall operate an Amber
14 alert program, a green alert program, and the a silver alert program.
15 (b) Upon the establishment of an the Amber alert program, the
16 green alert program, and the silver alert program, the clearinghouse
17 may enter into an agreement with one (1) or more broadcasters to
18 operate the Amber alert program, the green alert program, and the
19 silver alert program under this chapter.
20 (c) The superintendent shall designate staff responsible for the
21 operation of the Amber alert program, the green alert program, and
22 the silver alert program.
23 (d) The department shall adopt guidelines governing the
24 clearinghouse's operation of the Amber alert program, the green alert
25 program, and the silver alert program. The department's guidelines
26 may require that staff, upon receiving a report that a child has been
27 abducted or an endangered child, veteran at risk, or endangered adult
28 is missing, immediately send electronically or by other means of
29 communication a description of the abducted child or missing
30 endangered child, missing veteran at risk, or missing endangered
31 adult to one (1) or more broadcasters participating in the Amber alert
32 program, the green alert program, or the silver alert program. The
33 guidelines must include criteria that the clearinghouse shall use in
34 determining whether to issue a silver alert or green alert and the
35 geographic area or region in which to issue the silver alert or green
36 alert.
37 (e) A broadcaster participating in the Amber alert program, the
38 green alert program, or the silver alert program shall immediately
39 broadcast:
40 (1) a description of the abducted child, missing endangered child,
41 missing veteran at risk, or missing endangered adult; and
42 (2) other information that will assist in locating the abducted
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1 child, missing endangered child, missing veteran at risk, or
2 missing endangered adult;
3 to the general public in accordance with the Amber alert plan
4 agreement, green alert plan agreement, or the silver alert plan
5 agreement between the clearinghouse and the broadcaster.
6 (f) The department shall adopt guidelines governing the voluntary
7 Amber alert program agreement, and the voluntary green alert
8 program agreement, or voluntary silver alert program agreement
9 between the clearinghouse and a broadcaster. The voluntary
10 agreements between the clearinghouse and the broadcaster may include
11 the following provisions:
12 (1) Upon receiving a notification as part of the Amber alert
13 program, green alert program, or the silver alert program, the
14 broadcaster shall broadcast the information contained on the
15 notice on an intermittent basis for a period of time as provided in
16 the agreements between the clearinghouse and the broadcaster.
17 (2) The broadcaster shall treat the Amber alert notification, green
18 alert notification, or the silver alert notification as an emergency.
19 (3) The broadcaster shall ensure that the form of communication
20 used to receive an Amber alert notification, a green alert
21 notification, or a silver alert notification is:
22 (A) generally available to receive an Amber alert notification,
23 a green alert notification, or a silver alert notification; and
24 (B) located such that the broadcaster will immediately become
25 aware of an incoming Amber alert notification, green alert
26 notification, or silver alert notification.
27 SECTION 10. IC 10-13-5-8.1, AS AMENDED BY P.L.115-2018,
28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 8.1. (a) In addition to an agreement with a
30 broadcaster under section 8 of this chapter, the clearinghouse may enter
31 into an agreement with one (1) or more electronic billboard operators
32 to display Amber alerts, green alerts, or silver alerts under this section.
33 An agreement under this section may include a limitation on the days
34 and times that the electronic billboard operator is required to have staff
35 present to receive an Amber alert, a green alert, or a silver alert
36 notification.
37 (b) The department's guidelines adopted under section 8 of this
38 chapter may require staff, upon receiving a report that a child has been
39 abducted, an endangered child is missing, a veteran at risk is missing,
40 or an endangered adult is missing, to immediately send electronically
41 or by other means of communication a description of the abducted
42 child, missing endangered child, missing veteran at risk, or missing
HB 1021—LS 6230/DI 119 7
1 endangered adult to one (1) or more electronic billboard operators
2 participating in the Amber alert program, green alert program, or
3 silver alert program if the Amber alert, green alert, or silver alert
4 occurs during a period when the electronic billboard operator has
5 agreed to have staff present to receive an Amber alert notification, a
6 green alert notification, or a silver alert notification.
7 (c) An electronic billboard operator participating in the Amber alert
8 program, green alert program, or silver alert program shall
9 immediately display:
10 (1) a description of the abducted child, missing endangered child,
11 missing veteran at risk, or missing endangered adult; and
12 (2) other information that will assist in locating the abducted
13 child, missing endangered child, missing veteran at risk, or
14 missing endangered adult;
15 to the general public in accordance with the Amber alert plan
16 agreement, green alert plan agreement, or silver alert plan agreement
17 between the clearinghouse and the electronic billboard operator.
18 (d) The department shall adopt guidelines governing the voluntary
19 Amber alert program and the agreement, voluntary green alert
20 program agreement, or voluntary silver alert program agreements
21 agreement between the clearinghouse and an electronic billboard
22 operator. The voluntary agreements between the clearinghouse and the
23 electronic billboard operator may include the following provisions:
24 (1) Upon receiving a notification as part of the Amber alert
25 program, the green alert program, or the silver alert program,
26 the electronic billboard operator shall display the information
27 contained in the notice on an intermittent basis for a period of
28 time as provided in the agreements between the clearinghouse and
29 the electronic billboard operator.
30 (2) The electronic billboard operator shall treat the Amber alert
31 notification, the green alert notification, or the silver alert
32 notification as an emergency.
33 (3) The electronic billboard operator shall ensure that the form of
34 communication used to receive an Amber alert notification, a
35 green alert notification, or a silver alert notification is:
36 (A) generally available to receive an Amber alert notification,
37 a green alert notification, or a silver alert notification; and
38 (B) located such that the electronic billboard operator will
39 immediately become aware of an incoming Amber alert
40 notification, a green alert notification, or a silver alert
41 notification received during days and times when staff is
42 present to receive an Amber alert notification, a green alert
HB 1021—LS 6230/DI 119 8
1 notification, or a silver alert notification.
2 SECTION 11. IC 10-13-5-8.5, AS AMENDED BY P.L.115-2018,
3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 8.5. (a) A broadcaster or electronic billboard
5 operator that has agreed to participate in the Amber alert program,
6 green alert program, or silver alert program and that:
7 (1) receives an Amber alert notification, a green alert
8 notification, or a silver alert notification from the department;
9 and
10 (2) broadcasts or displays:
11 (A) a description of the abducted child, missing endangered
12 child, missing veteran at risk, or missing endangered adult
13 contained in the notification; and
14 (B) other information contained in the notification that will
15 assist in locating the child, missing veteran at risk, or
16 missing endangered adult;
17 is immune from civil liability based on the broadcast or display of the
18 information received from the department.
19 (b) If:
20 (1) a person enters into an agreement with the department to
21 establish or maintain an Amber alert web site website, a green
22 alert website, or a silver alert web site; website; and
23 (2) the agreement provides that only the department has the
24 ability to place information on the web site; website;
25 the person is immune from civil liability for the information placed on
26 the web site website by the department. However, this subsection does
27 not affect the applicability of IC 34-13-3 to the department.
28 SECTION 12. IC 12-7-2-197.3 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2024]: Sec. 197.3. "Veteran at risk" means
31 a veteran or active duty member of the armed forces of the United
32 States, the national guard, or a reserve component of the armed
33 forces of the United States who is known, based on information
34 provided by a person making a report under IC 12-10-18-1, to have
35 a physical or mental health condition that is related to the
36 veteran's military service.
37 SECTION 13. IC 12-7-2-197.4 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2024]: Sec. 197.4. "Veteran at risk alert"
40 means an alert indicating that law enforcement officials are
41 searching for a missing veteran at risk.
42 SECTION 14. IC 12-10-18-0.5, AS ADDED BY P.L.92-2007,
HB 1021—LS 6230/DI 119 9
1 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 0.5. (a) A missing endangered adult is a high risk
3 missing person under IC 5-2-17. A law enforcement agency receiving
4 a report of a missing endangered adult shall follow the procedures in
5 IC 5-2-17 in addition to the procedures described in this chapter.
6 (b) A missing veteran at risk is a high risk missing person under
7 IC 5-2-17. A law enforcement agency receiving a report of a
8 missing veteran at risk shall follow the procedures in IC 5-2-17 in
9 addition to the procedures described in this chapter.
10 SECTION 15. IC 12-10-18-1, AS AMENDED BY P.L.50-2021,
11 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 1. (a) A law enforcement agency that receives a
13 notification concerning a missing endangered adult or missing veteran
14 at risk from:
15 (1) the missing endangered adult's or missing veteran at risk's:
16 (A) guardian;
17 (B) custodian; or
18 (C) guardian ad litem; or
19 (2) an individual who:
20 (A) provides the missing endangered adult or missing veteran
21 at risk with home health aid services;
22 (B) possesses a health care power of attorney that was
23 executed under IC 30-5-5-16 for the missing endangered adult
24 or missing veteran at risk; or
25 (C) has evidence that the missing endangered adult or missing
26 veteran at risk has a condition that may prevent the missing
27 endangered adult or missing veteran at risk from returning
28 home without assistance;
29 shall prepare an investigative report on the missing endangered adult
30 or missing veteran at risk if, based on the notification, the law
31 enforcement agency has reason to believe that an endangered adult or
32 veteran at risk is missing.
33 (b) The investigative report described in subsection (a) may include
34 the following:
35 (1) Relevant information obtained from the notification
36 concerning the missing endangered adult or missing veteran at
37 risk, including the following:
38 (A) A physical description of the missing endangered adult or
39 missing veteran at risk.
40 (B) The date, time, and place that the missing endangered
41 adult or missing veteran at risk was last seen.
42 (C) The missing endangered adult's or missing veteran at
HB 1021—LS 6230/DI 119 10
1 risk's address.
2 (2) Information gathered by a preliminary investigation, if one
3 was made.
4 (3) A statement by the law enforcement officer in charge setting
5 forth that officer's assessment of the case based upon the evidence
6 and information received.
7 SECTION 16. IC 12-10-18-2, AS ADDED BY P.L.140-2005,
8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2024]: Sec. 2. The law enforcement agency shall prepare the
10 investigative report described by section 1 of this chapter as soon as
11 practicable, and if possible not later than five (5) hours after the law
12 enforcement agency receives notification of a missing endangered adult
13 or missing veteran at risk.
14 SECTION 17. IC 12-10-18-3, AS AMENDED BY P.L.43-2009,
15 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 3. (a) Upon completion of the report described by
17 section 1 of this chapter, if the law enforcement agency has reason to
18 believe that public notification may assist in locating the missing
19 endangered adult or missing veteran at risk, the law enforcement
20 agency may immediately forward the contents of the report to:
21 (1) all law enforcement agencies that have jurisdiction in the
22 location where the missing endangered adult or missing veteran
23 at risk lives and all law enforcement agencies that have
24 jurisdiction in the location where the missing endangered adult or
25 missing veteran at risk was last seen;
26 (2) all law enforcement agencies to which the person who made
27 the notification concerning the missing endangered adult or
28 missing veteran at risk requests the report be sent, if the law
29 enforcement agency determines that the request is reasonable in
30 light of the information received;
31 (3) all law enforcement agencies that request a copy of the report;
32 (4) one (1) or more broadcasters that broadcast in an area where
33 the missing endangered adult or missing veteran at risk may be
34 located;
35 (5) the Indiana data and communication system (IDACS);
36 (6) the National Crime Information Center's Missing Person File,
37 if appropriate; and
38 (7) the Indiana clearinghouse for information on missing children,
39 missing veterans at risk, and missing endangered adults,
40 established by IC 10-13-5-5, to disseminate information
41 concerning the:
42 (A) missing endangered adult to be broadcast as part of the
HB 1021—LS 6230/DI 119 11
1 silver alert program; or
2 (B) missing veteran at risk to be broadcast as part of the
3 green alert program.
4 (b) Upon completion of the report described by section 1 of this
5 chapter, a law enforcement agency may forward a copy of the contents
6 of the report to one (1) or more newspapers distributed in an area
7 where the missing endangered adult or missing veteran at risk may
8 be located.
9 (c) After forwarding the contents of the report to a broadcaster or
10 newspaper under this section, the law enforcement agency may request
11 that the broadcaster or newspaper:
12 (1) notify the public that there is an endangered adult medical
13 alert or a missing veteran at risk alert; and
14 (2) broadcast or publish:
15 (A) a description of the missing endangered adult or missing
16 veteran at risk; and
17 (B) any other relevant information that would assist in locating
18 the missing endangered adult or missing veteran at risk.
19 (d) A broadcaster or newspaper that receives a request concerning
20 a missing endangered adult or missing veteran at risk under
21 subsection (c) may, at the discretion of the broadcaster or newspaper:
22 (1) notify the public that there is an endangered adult medical
23 alert or a missing veteran at risk alert; and
24 (2) broadcast or publish:
25 (A) a description of the missing endangered adult or missing
26 veteran at risk; and
27 (B) any other relevant information that would assist in locating
28 the missing endangered adult or missing veteran at risk.
29 SECTION 18. IC 12-10-18-4, AS ADDED BY P.L.140-2005,
30 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]: Sec. 4. A law enforcement agency may begin an
32 investigation concerning a missing endangered adult or missing
33 veteran at risk as soon as possible after receiving notification of the
34 missing endangered adult or missing veteran at risk.
35 SECTION 19. IC 12-10-18-5, AS ADDED BY P.L.140-2005,
36 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 5. An individual described in section 1(a)(1) or
38 1(a)(2) of this chapter who notifies a law enforcement agency
39 concerning a missing endangered adult or missing veteran at risk
40 shall notify the law enforcement agency when the missing endangered
41 adult or missing veteran at risk is found.
42 SECTION 20. IC 12-10-18-6, AS ADDED BY P.L.140-2005,
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1 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 6. (a) A broadcaster or newspaper that receives a
3 report of a missing endangered adult or missing veteran at risk from
4 a law enforcement agency under section 3 of this chapter is immune
5 from civil liability for an act or omission related to:
6 (1) the broadcast or publication of information contained in the
7 report, including:
8 (A) a description of the missing endangered adult or missing
9 veteran at risk; and
10 (B) any other relevant information that would assist in locating
11 the missing endangered adult or missing veteran at risk; or
12 (2) the decision of the broadcaster or newspaper not to broadcast
13 or publish information contained in the report.
14 (b) The civil immunity described in subsection (a) does not apply to
15 an act or omission that constitutes gross negligence or willful, wanton,
16 or intentional misconduct.
17 SECTION 21. IC 12-17.2-2-1.5, AS AMENDED BY P.L.43-2009,
18 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]: Sec. 1.5. (a) The division shall require all child care
20 centers or child care homes to submit a report containing the names
21 and birth dates of all children who are enrolled in the child care center
22 or child care home within three (3) months from the date the child care
23 center or child care home accepts its first child, upon receiving the
24 consent of the child's parent, guardian, or custodian as required under
25 subsection (b). The division shall require all child care centers and
26 child care homes that receive written consent as described under
27 subsection (b) to submit a monthly report of the name and birth date of
28 each additional child who has been enrolled in or withdrawn from the
29 child care center or child care home during the preceding thirty (30)
30 days.
31 (b) The division shall require all child care centers or child care
32 homes to request whether the child's parent, guardian, or custodian
33 desires the center or home to include the child's name and birth date in
34 the reports described under subsection (a) before enrolling the child in
35 the center or home. No child's name or birth date may be included on
36 the report required under subsection (a) without the signed consent of
37 the child's parent, guardian, or custodian. The consent form must be in
38 the following form:
39 "I give my permission for _____________________ (name of day
40 care center or home) to report the name and birth date of my child
41 or children to the division of family resources pursuant to
42 IC 12-17.2-2-1.5.
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1 Name of child ____________________________________
2 Birth date _______________________________________
3 Signature of parent, guardian, or custodian
4 _______________________________________________
5 Date ____________________________________________".
6 (c) The division shall submit a monthly report of the information
7 provided under subsection (a) to the Indiana clearinghouse for
8 information on missing children, missing veterans at risk, and missing
9 endangered adults established under IC 10-13-5.
10 (d) The division shall require that a person who transports children
11 who are in the care of the child care center on a public highway (as
12 defined in IC 9-25-2-4) within or outside Indiana in a vehicle designed
13 and constructed for the accommodation of more than ten (10)
14 passengers must comply with the same requirements set forth in
15 IC 20-27-9-12 for a public elementary or secondary school or a
16 preschool operated by a school corporation.
17 SECTION 22. IC 12-17.2-4-18.5, AS AMENDED BY P.L.43-2009,
18 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]: Sec. 18.5. (a) Upon receiving a report under
20 IC 31-36-1-4, a child care center shall thoroughly inspect the report. If
21 the child care center finds that a child on the report required under
22 IC 31-36-1-4 is enrolled at the child care center, the child care center
23 shall immediately notify the Indiana clearinghouse for information on
24 missing children, missing veterans at risk, and missing endangered
25 adults.
26 (b) Upon receiving a report under IC 31-36-1-4, a child care center
27 shall attach a notice to the child's enrollment records stating that the
28 child has been reported missing. The child care center shall remove the
29 notice when the center is notified under IC 31-36-2-6 that the child has
30 been found.
31 (c) If a request for the enrollment records of a missing child is
32 received, the child care center shall:
33 (1) obtain:
34 (A) the name, address, and telephone number of the person
35 making the request; and
36 (B) the reason that the person is requesting the school records;
37 and
38 (2) immediately notify the Indiana clearinghouse for information
39 on missing children, missing veterans at risk, and missing
40 endangered adults.
41 (d) The child care center may not issue a copy of the enrollment
42 records of a child reported missing without authorization from the
HB 1021—LS 6230/DI 119 14
1 Indiana clearinghouse for information on missing children, missing
2 veterans at risk, and missing endangered adults and may not inform
3 the person making the request that a notice that the child has been
4 reported missing has been attached to the child's records.
5 SECTION 23. IC 12-17.2-5-18.6, AS AMENDED BY P.L.43-2009,
6 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 18.6. (a) Upon receiving a report under
8 IC 31-36-1-4, a child care home shall thoroughly inspect the report. If
9 the child care home finds that a child on the report required under
10 IC 31-36-1-4 is enrolled at the child care home, the child care home
11 shall immediately notify the Indiana clearinghouse for information on
12 missing children, missing veterans at risk, and missing endangered
13 adults.
14 (b) Upon receiving a report under IC 31-36-1-4, a child care home
15 shall attach a notice to the child's enrollment records stating that the
16 child has been reported missing. The child care home shall remove the
17 notice when the center is notified under IC 31-36-2-6 that the child has
18 been found.
19 (c) If a request for the enrollment records of a missing child is
20 received, the child care home shall:
21 (1) obtain:
22 (A) the name, address, and telephone number of the person
23 making the request; and
24 (B) the reason that the person is requesting the school records;
25 and
26 (2) immediately notify the Indiana clearinghouse for information
27 on missing children, missing veterans at risk, and missing
28 endangered adults.
29 (d) The child care home may not issue a copy of the enrollment
30 records of a child reported missing without authorization from the
31 Indiana clearinghouse for information on missing children, missing
32 veterans at risk, and missing endangered adults and may not inform
33 the person making the request that a notice that the child has been
34 reported missing has been attached to the child's records.
35 SECTION 24. IC 16-37-1-8, AS AMENDED BY P.L.147-2023,
36 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 8. (a) Except as provided in subsection (d), a local
38 health officer shall provide a certification of birth, death, or stillbirth
39 registration upon request by any person only if:
40 (1) the health officer is satisfied that the applicant has a direct
41 interest in the matter;
42 (2) the health officer determines that the certificate is necessary
HB 1021—LS 6230/DI 119 15
1 for the determination of personal or property rights or for
2 compliance with state or federal law; and
3 (3) the applicant for a birth certificate presents at least one (1)
4 form of identification.
5 However, the local health officer must issue a certificate of an
6 applicant's own birth registration.
7 (b) A local health officer's decision whether or not to issue a
8 certified copy of a birth certificate is subject to review by a court.
9 (c) A local health officer may issue a certification of birth, death, or
10 stillbirth from the electronic registration systems in section 3.1 of this
11 chapter, regardless of the location of the filing of the record.
12 (d) A local health officer may not issue a copy of a birth certificate
13 of a missing child to which a notice has been attached under
14 IC 10-13-5-11 without the authorization of the Indiana clearinghouse
15 for information on missing children, missing veterans at risk, and
16 missing endangered adults.
17 (e) Upon determination that a person may be provided a certification
18 of death under subsection (a), the local health officer shall provide to
19 the person a certification of death that excludes information concerning
20 the cause of death if the person requests the exclusion of this
21 information.
22 SECTION 25. IC 20-26-13-10, AS AMENDED BY P.L.246-2023,
23 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 10. (a) Except as provided in section 11 of this
25 chapter and subject to IC 20-31-8-4.6 and IC 20-32-4-14, the four (4)
26 year graduation rate for a cohort in a high school is the percentage
27 determined under STEP FIVE of the following formula:
28 STEP ONE: Determine the grade 9 enrollment at the beginning of
29 the reporting year three (3) years before the reporting year for
30 which the graduation rate is being determined.
31 STEP TWO: Add:
32 (A) the number determined under STEP ONE; and
33 (B) the number of students who:
34 (i) have enrolled in the high school after the date on which
35 the number determined under STEP ONE was determined;
36 and
37 (ii) have the same expected graduation year as the cohort.
38 STEP THREE: Subtract from the sum determined under STEP
39 TWO the number of students who have left the cohort for any of
40 the following reasons:
41 (A) Transfer to another public or nonpublic school.
42 (B) Except as provided in IC 20-33-2-28.6 and subsection (b),
HB 1021—LS 6230/DI 119 16
1 removal by the student's parents under IC 20-33-2-28 to
2 provide instruction equivalent to that given in the public
3 schools.
4 (C) Withdrawal because of a long term medical condition or
5 death.
6 (D) Detention by a law enforcement agency or the department
7 of correction.
8 (E) Placement by a court order or the department of child
9 services.
10 (F) Enrollment in a virtual school.
11 (G) Leaving school, if the student attended school in Indiana
12 for less than one (1) school year and the location of the student
13 cannot be determined.
14 (H) Leaving school, if the location of the student cannot be
15 determined and the student has been reported to the Indiana
16 clearinghouse for information on missing children, missing
17 veterans at risk, and missing endangered adults.
18 (I) Withdrawing from school before graduation, if the student
19 is a high ability student (as defined in IC 20-36-1-3) who is a
20 full-time student at an accredited institution of higher
21 education during the semester in which the cohort graduates.
22 (J) Withdrawing from school before graduation pursuant to
23 providing notice of withdrawal under section 17 of this
24 chapter.
25 (K) Participating in the high school equivalency pilot program
26 under IC 20-30-8.5, unless the student fails to successfully
27 complete the high school equivalency pilot program in the two
28 (2) year period. This clause expires June 30, 2024.
29 STEP FOUR: Determine the result of:
30 (A) the total number of students determined under STEP TWO
31 who have graduated during the current reporting year or a
32 previous reporting year; minus
33 (B) the amount by which the number of students who
34 graduated through a waiver process required under IC 20-32-3
35 through IC 20-32-5.1 exceeds:
36 (i) nine percent (9%) of the total number of students
37 determined under clause (A) for the 2023-2024 school year;
38 (ii) six percent (6%) of the total number of students
39 determined under clause (A) for the 2024-2025 school year;
40 or
41 (iii) three percent (3%) of the total number of students
42 determined under clause (A) for each school year after June
HB 1021—LS 6230/DI 119 17
1 30, 2025.
2 STEP FIVE: Divide:
3 (A) the number determined under STEP FOUR; by
4 (B) the remainder determined under STEP THREE.
5 (b) This subsection applies to a high school in which:
6 (1) for a:
7 (A) cohort of one hundred (100) students or less, at least ten
8 percent (10%) of the students left a particular cohort for a
9 reason described in subsection (a) STEP THREE clause (B);
10 or
11 (B) cohort of more than one hundred (100) students, at least
12 five percent (5%) of the students left a particular cohort for a
13 reason described in subsection (a) STEP THREE clause (B);
14 and
15 (2) the students described in subdivision (1)(A) or (1)(B) are not
16 on track to graduate with their cohort.
17 A high school must submit a request to the state board in a manner
18 prescribed by the state board requesting that the students described in
19 this subsection be included in the subsection (a) STEP THREE
20 calculation. The state board shall review the request and may grant or
21 deny the request. The state board shall deny the request unless the high
22 school demonstrates good cause to justify that the students described
23 in this subsection should be included in the subsection (a) STEP
24 THREE calculation. If the state board denies the request the high
25 school may not subtract the students described in this subsection under
26 subsection (a) STEP THREE.
27 SECTION 26. IC 20-33-2-10, AS AMENDED BY P.L.32-2021,
28 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 10. (a) Each public school shall and each private
30 school may require a student who initially enrolls in the school to
31 provide:
32 (1) the name and address of the school the student last attended;
33 and
34 (2) a certified copy of the student's birth certificate or other
35 reliable proof of the student's date of birth.
36 (b) Each public school, charter school, and nonpublic school with
37 at least one (1) employee shall provide upon request of another school
38 a copy of a particular student's disciplinary records that are relevant to
39 the safety of students, if the particular student currently attends the
40 requesting school and is currently enrolled in the requesting school.
41 (c) Not more than fourteen (14) days after initial enrollment in a
42 school, the school shall request the student's records from the school
HB 1021—LS 6230/DI 119 18
1 the student last attended.
2 (d) If the document described in subsection (a)(2):
3 (1) is not provided to the school not more than thirty (30) days
4 after the student's enrollment; or
5 (2) appears to be inaccurate or fraudulent;
6 the school shall notify the Indiana clearinghouse for information on
7 missing children, missing veterans at risk, and missing endangered
8 adults established under IC 10-13-5-5 and determine if the student has
9 been reported missing.
10 (e) A school in Indiana receiving a request for records shall send the
11 records promptly to the requesting school. However, if a request is
12 received for records to which a notice has been attached under
13 IC 31-36-1-5 (or IC 31-6-13-6 before its repeal), the school:
14 (1) shall immediately notify the Indiana clearinghouse for
15 information on missing children, missing veterans at risk, and
16 missing endangered adults;
17 (2) may not send the school records without the authorization of
18 the clearinghouse; and
19 (3) may not inform the requesting school that a notice under
20 IC 31-36-1-5 (or IC 31-6-13-6 before its repeal) has been attached
21 to the records.
22 (f) Notwithstanding subsection (e), if a parent of a child who has
23 enrolled in a state accredited nonpublic school is in breach of a contract
24 that conditions release of student records on the payment of
25 outstanding tuition and other fees, the state accredited nonpublic school
26 shall provide a requesting school sufficient verbal information to
27 permit the requesting school to make an appropriate placement
28 decision regarding the child. However, the state accredited nonpublic
29 school must provide the information described in subsection (b) to the
30 requesting school.
31 SECTION 27. IC 31-34-2-5, AS AMENDED BY P.L.43-2009,
32 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 5. If a child in need of services is a missing child
34 and is taken into custody under a court order, the person taking the
35 child into custody shall do the following:
36 (1) Take the child to a place designated in the order.
37 (2) Give notice to the following that the child has been taken into
38 custody:
39 (A) The child's legal custodian.
40 (B) The clearinghouse for information on missing children,
41 missing veterans at risk, and missing endangered adults
42 established by IC 10-13-5.
HB 1021—LS 6230/DI 119 19
1 SECTION 28. IC 31-34-2.5-2, AS AMENDED BY P.L.45-2023,
2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 2. (a) Immediately after an emergency medical
4 services provider takes custody of a safe haven infant under section 1
5 of this chapter, the provider shall notify either:
6 (1) the department of child services; or
7 (2) a licensed child placing agency;
8 that the provider has taken custody of the safe haven infant.
9 (b) If notified under subsection (a), the department of child services
10 or a licensed child placing agency shall:
11 (1) assume the care, control, and custody of the safe haven infant
12 immediately after receiving notice under subsection (a);
13 (2) not later than forty-eight (48) hours after the department of
14 child services or a licensed child placing agency has taken
15 custody of the safe haven infant, contact the Indiana
16 clearinghouse for information on missing children, missing
17 veterans at risk, and missing endangered adults established by
18 IC 10-13-5-5 and the National Center for Missing and Exploited
19 Children to determine if the safe haven infant has been reported
20 missing; and
21 (3) fifteen (15) days after the department of child services or a
22 licensed child placing agency has taken custody of the safe haven
23 infant, contact the National Center for Missing and Exploited
24 Children a second time to determine if the safe haven infant has
25 been reported missing.
26 SECTION 29. IC 31-36-1-3, AS AMENDED BY P.L.183-2017,
27 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2024]: Sec. 3. Upon completion of the report required by
29 section 1 of this chapter, the law enforcement agency shall immediately
30 forward the contents of the report to:
31 (1) all law enforcement agencies that have jurisdiction of the
32 location in which the missing child lives and all law enforcement
33 agencies that have jurisdiction of the location in which the
34 missing child was last seen;
35 (2) all law enforcement agencies to which the person who
36 provided notification requests the report be sent, if the law
37 enforcement agency determines that the request is reasonable in
38 light of the information contained in the report;
39 (3) all law enforcement agencies that request a copy of the report;
40 (4) the Indiana clearinghouse for information on missing children,
41 missing veterans at risk, and missing endangered adults
42 established by IC 10-13-5;
HB 1021—LS 6230/DI 119 20
1 (5) the Indiana data and communication system (IDACS);
2 (6) the National Crime Information Center's Missing Person File;
3 and
4 (7) the department.
5 SECTION 30. IC 31-36-1-5, AS AMENDED BY P.L.43-2009,
6 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 5. (a) Upon receiving a report under section 4 of
8 this chapter, a school shall attach a notice to the child's school records
9 stating that the child has been reported missing. The school shall
10 remove the notice when the school is notified under IC 31-36-2-6 that
11 the child has been found.
12 (b) If a request for the school records of a missing child is received,
13 the school shall:
14 (1) obtain:
15 (A) the name, address, and telephone number of the person
16 making the request; and
17 (B) the reason that the person is requesting the school records;
18 and
19 (2) immediately notify the Indiana clearinghouse for information
20 on missing children, missing veterans at risk, and missing
21 endangered adults.
22 (c) The school may not issue a copy of school records without
23 authorization from the Indiana clearinghouse for information on
24 missing children, missing veterans at risk, and missing endangered
25 adults and may not inform the person making the request that a notice
26 that the child has been reported missing has been attached to the child's
27 records.
28 SECTION 31. IC 31-36-2-2, AS AMENDED BY P.L.43-2009,
29 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 2. A law enforcement agency involved in the
31 investigation of a missing child shall do the following:
32 (1) Update the initial report filed by the agency that received
33 notification of the missing child upon the discovery of new
34 information concerning the investigation.
35 (2) Forward the updated report to the agencies and organizations
36 listed in IC 31-36-1-3.
37 (3) Search the National Crime Information Center's Wanted
38 Person File for reports of arrest warrants issued for persons who
39 allegedly abducted or unlawfully retained children and compare
40 these reports to the missing child's National Crime Information
41 Center's Missing Person File.
42 (4) Notify all law enforcement agencies involved in the
HB 1021—LS 6230/DI 119 21
1 investigation, the Indiana clearinghouse for information on
2 missing children, missing veterans at risk, and missing
3 endangered adults, and the National Crime Information Center
4 when the missing child is located.
5 SECTION 32. IC 34-30-2.1-116, AS ADDED BY P.L.105-2022,
6 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 116. IC 10-13-5-8.5 (Concerning a broadcaster
8 who broadcasts or an electronic billboard operator who displays an
9 Amber alert notification, a green alert notification, or a silver alert
10 notification and a person who establishes or maintains an Amber alert
11 web site website, a green alert website, or a silver alert web site
12 website under an agreement with the state police department).
13 SECTION 33. IC 34-30-2.1-136, AS ADDED BY P.L.105-2022,
14 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 136. IC 12-10-18-6 (Concerning a broadcaster or
16 newspaper that receives a report concerning an endangered adult
17 medical alert or missing veteran at risk alert).
18 SECTION 34. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021,
19 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]: Sec. 3. (a) As used in this section, "consumer product"
21 has the meaning set forth in IC 35-45-8-1.
22 (b) As used in this section, "misconduct" means a violation of a
23 departmental rule or procedure of a law enforcement agency.
24 (c) A person who reports that:
25 (1) the person or another person has placed or intends to place an
26 explosive, a destructive device, or other destructive substance in
27 a building or transportation facility;
28 (2) there has been or there will be tampering with a consumer
29 product introduced into commerce; or
30 (3) there has been or will be placed or introduced a weapon of
31 mass destruction in a building or a place of assembly;
32 knowing the report to be false, commits false reporting, a Level 6
33 felony.
34 (d) A person who:
35 (1) gives:
36 (A) a false report of the commission of a crime; or
37 (B) false information to a law enforcement officer that relates
38 to the commission of a crime;
39 knowing the report or information to be false;
40 (2) gives a false alarm of fire to the fire department of a
41 governmental entity, knowing the alarm to be false;
42 (3) makes a false request for ambulance service to an ambulance
HB 1021—LS 6230/DI 119 22
1 service provider, knowing the request to be false;
2 (4) gives a false report concerning a missing child (as defined in
3 IC 10-13-5-4), missing veteran at risk (as defined in
4 IC 12-7-2-197.3), or missing endangered adult (as defined in
5 IC 12-7-2-131.3) or gives false information to a law enforcement
6 officer or a governmental entity that relates to a missing child,
7 missing veteran at risk, or missing endangered adult knowing
8 the report or information to be false;
9 (5) makes a complaint against a law enforcement officer to the
10 state or municipality (as defined in IC 8-1-13-3(b)) that employs
11 the officer:
12 (A) alleging the officer engaged in misconduct while
13 performing the officer's duties; and
14 (B) knowing the complaint to be false;
15 (6) makes a false report of a missing person, knowing the report
16 or information is false;
17 (7) gives a false report of actions, behavior, or conditions
18 concerning:
19 (A) a septic tank soil absorption system under IC 8-1-2-125 or
20 IC 13-26-5-2.5; or
21 (B) a septic tank soil absorption system or constructed wetland
22 septic system under IC 36-9-23-30.1;
23 knowing the report or information to be false; or
24 (8) makes a false report that a person is dangerous (as defined in
25 IC 35-47-14-1) knowing the report or information to be false;
26 commits false informing, a Class B misdemeanor. However, the offense
27 is a Class A misdemeanor if it substantially hinders any law
28 enforcement process or if it results in harm to another person.
HB 1021—LS 6230/DI 119 23
COMMITTEE REPORT
Mr. Speaker: Your Committee on Veterans Affairs and Public
Safety, to which was referred House Bill 1021, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to HB 1021 as introduced.)
BARTELS
Committee Vote: Yeas 11, Nays 0
HB 1021—LS 6230/DI 119