14 | | - | SECTION 1. IC 5-2-17-1, AS ADDED BY P.L.92-2007, SECTION |
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15 | | - | 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, |
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16 | | - | 2024]: Sec. 1. As used in this chapter, "high risk missing person" |
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17 | | - | means a person whose whereabouts are not known and who may be at |
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18 | | - | risk of injury or death. The term includes the following: |
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19 | | - | (1) A person who is missing as the result of abduction by a |
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20 | | - | stranger. |
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21 | | - | (2) A person whose disappearance may be the result of the |
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22 | | - | commission of a crime. |
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23 | | - | (3) A person whose disappearance occurred under circumstances |
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24 | | - | that are inherently dangerous. |
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25 | | - | (4) A person who is missing for more than thirty (30) days. |
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26 | | - | (5) A missing person who is in need of medical attention or |
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27 | | - | prescription medication. |
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28 | | - | (6) A missing person who may be at risk due to abduction by a |
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29 | | - | noncustodial parent. |
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30 | | - | (7) A missing person who is mentally impaired. |
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31 | | - | (8) A missing person who is less than twenty-one (21) years of |
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32 | | - | age. |
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33 | | - | (9) A missing person who has previously been the victim of a |
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34 | | - | threat of violence or an act of violence. |
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35 | | - | (10) A missing person who has been determined by a law |
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36 | | - | HEA 1021 2 |
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37 | | - | enforcement agency to be: |
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38 | | - | (A) at risk of injury or death; or |
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39 | | - | (B) a person that meets any of the descriptions in subdivisions |
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40 | | - | (1) through (9). |
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41 | | - | (11) A missing person who is an endangered adult (as defined in |
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42 | | - | IC 12-7-2-131.3). |
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43 | | - | (12) A missing person who is a veteran at risk (as defined in |
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44 | | - | IC 12-7-2-197.3). |
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45 | | - | SECTION 2. IC 5-2-17-3, AS ADDED BY P.L.92-2007, SECTION |
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46 | | - | 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, |
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47 | | - | 2024]: Sec. 3. A law enforcement agency receiving a report of a |
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48 | | - | missing: |
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49 | | - | (1) child less than eighteen (18) years of age shall comply with |
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50 | | - | the requirements of IC 31-36-2; or |
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51 | | - | (2) endangered adult (as defined in IC 12-7-2-131.3) shall comply |
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52 | | - | with the requirements of IC 12-10-18; or |
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53 | | - | (3) veteran at risk (as defined in IC 12-7-2-197.3) shall comply |
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54 | | - | with the requirements of IC 12-10-18; |
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55 | | - | in addition to the procedures described in this chapter. |
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56 | | - | SECTION 3. IC 10-13-5-3, AS AMENDED BY P.L.43-2009, |
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57 | | - | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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58 | | - | JULY 1, 2024]: Sec. 3. As used in this chapter, "clearinghouse" refers |
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59 | | - | to the Indiana clearinghouse for information on missing children, |
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60 | | - | missing veterans at risk, and missing endangered adults established |
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61 | | - | by section 5 of this chapter. |
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62 | | - | SECTION 4. IC 10-13-5-3.5 IS ADDED TO THE INDIANA CODE |
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63 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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64 | | - | 1, 2024]: Sec. 3.5. As used in this chapter, "green alert program" |
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65 | | - | means a program under which the clearinghouse transmits |
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66 | | - | information about missing veterans at risk to broadcasters who: |
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67 | | - | (1) have agreed to participate in the program; and |
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68 | | - | (2) immediately and repeatedly broadcast the information to |
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69 | | - | the general public. |
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70 | | - | SECTION 5. IC 10-13-5-4.5 IS ADDED TO THE INDIANA CODE |
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71 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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72 | | - | 1, 2024]: Sec. 4.5. As used in this chapter, "missing veteran at risk" |
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73 | | - | means a veteran who is a high risk missing person under |
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74 | | - | IC 5-2-17-1. |
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75 | | - | SECTION 6. IC 10-13-5-5, AS AMENDED BY P.L.43-2009, |
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76 | | - | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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77 | | - | JULY 1, 2024]: Sec. 5. The Indiana clearinghouse for information on |
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78 | | - | missing children, missing veterans at risk, and missing endangered |
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79 | | - | HEA 1021 3 |
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80 | | - | adults is established within the department. |
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81 | | - | SECTION 7. IC 10-13-5-6, AS AMENDED BY P.L.43-2009, |
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82 | | - | SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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83 | | - | JULY 1, 2024]: Sec. 6. (a) The superintendent shall designate staff |
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84 | | - | responsible for the operation of the clearinghouse. |
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85 | | - | (b) The staff's duties include the following: |
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86 | | - | (1) Creation and operation of an intrastate network of |
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87 | | - | communication designed for the speedy collection and processing |
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88 | | - | of information concerning missing children, missing veterans at |
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89 | | - | risk, and missing endangered adults. |
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90 | | - | (2) Creation and operation of a central data storage, retrieval, and |
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91 | | - | information distribution system designed for the exchange of |
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92 | | - | information on missing children, missing veterans at risk, and |
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93 | | - | missing endangered adults within and outside Indiana. The system |
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94 | | - | must be capable of interacting with: |
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95 | | - | (A) the Indiana data and communication system under |
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96 | | - | IC 10-13-3-35; and |
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97 | | - | (B) the National Crime Information Center. |
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98 | | - | (3) Development of appropriate forms for the reporting of missing |
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99 | | - | children, missing veterans at risk, and missing endangered |
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100 | | - | adults that may be used by law enforcement agencies and private |
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101 | | - | citizens to provide useful information about a missing child, a |
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102 | | - | missing veteran at risk, or a missing endangered adult to the |
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103 | | - | clearinghouse. |
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104 | | - | (4) Cooperation with the following agencies concerning the |
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105 | | - | location of missing children, missing veterans at risk, and |
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106 | | - | missing endangered adults: |
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107 | | - | (A) State and local public and private nonprofit agencies |
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108 | | - | involved with the location and recovery of missing persons. |
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109 | | - | (B) Agencies of the federal government. |
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110 | | - | (C) State and local law enforcement agencies within and |
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111 | | - | outside Indiana. |
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112 | | - | (5) Coordinating efforts to locate missing children, missing |
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113 | | - | veterans at risk, and missing endangered adults with the |
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114 | | - | agencies listed in subdivision (4). |
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115 | | - | (6) Operation of the toll free telephone line created under section |
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116 | | - | 7(a) of this chapter. |
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117 | | - | (7) Publishing and updating, on a quarterly basis, a directory of |
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118 | | - | missing children, missing veterans at risk, and missing |
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119 | | - | endangered adults. |
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120 | | - | (8) Compiling statistics on missing children, missing veterans at |
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121 | | - | risk, and missing endangered adult cases handled by the |
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122 | | - | HEA 1021 4 |
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123 | | - | clearinghouse, including the number of cases resolved each year. |
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124 | | - | SECTION 8. IC 10-13-5-7, AS AMENDED BY P.L.56-2023, |
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125 | | - | SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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126 | | - | JULY 1, 2024]: Sec. 7. (a) The clearinghouse shall do the following: |
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127 | | - | (1) Collect, process, and maintain identification and investigative |
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128 | | - | information to aid in finding missing children, missing veterans |
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129 | | - | at risk, and missing endangered adults. |
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130 | | - | (2) Establish a statewide, toll free telephone line for the reporting: |
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131 | | - | (A) of missing children, missing veterans at risk, and missing |
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132 | | - | endangered adults; and |
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133 | | - | (B) of sightings of missing children, missing veterans at risk, |
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134 | | - | and missing endangered adults. |
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135 | | - | (3) Prescribe a uniform reporting form concerning missing |
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136 | | - | children, missing veterans at risk, and missing endangered |
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137 | | - | adults for use by law enforcement agencies within Indiana. |
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138 | | - | (4) Assist in training law enforcement and other professionals on |
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139 | | - | issues relating to missing children, missing veterans at risk, and |
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140 | | - | missing endangered adults. |
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141 | | - | (5) Operate a resource center of information regarding the |
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142 | | - | prevention of: |
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143 | | - | (A) the abduction of children; and |
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144 | | - | (B) the sexual exploitation of children. |
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145 | | - | (6) Distribute the quarterly directory prepared under section |
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146 | | - | 6(b)(7) of this chapter to schools and hospitals. |
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147 | | - | (7) Distribute the quarterly directory described in subdivision (6) |
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148 | | - | to child care centers and child care homes that make an annual |
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149 | | - | contribution of four dollars ($4) to the clearinghouse. The |
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150 | | - | contributions must be used to help defray the cost of publishing |
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151 | | - | the quarterly directory. |
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152 | | - | (b) For a missing child who was born in Indiana, the clearinghouse |
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153 | | - | shall notify the vital statistics division of the Indiana department of |
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154 | | - | health: |
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155 | | - | (1) within fifteen (15) days after receiving a report under |
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156 | | - | IC 31-36-1-3 (or IC 31-6-13-4 before its repeal) of a missing child |
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157 | | - | less than thirteen (13) years of age; and |
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158 | | - | (2) promptly after the clearinghouse is notified that a missing |
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159 | | - | child has been found. |
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160 | | - | (c) Upon receiving notification under subsection (b) that a child is |
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161 | | - | missing or has been found, the vital statistics division of the Indiana |
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162 | | - | department of health shall notify the local health department or the |
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163 | | - | health and hospital corporation that has jurisdiction over the area where |
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164 | | - | the child was born. |
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165 | | - | HEA 1021 5 |
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166 | | - | (d) Information collected, processed, or maintained by the |
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167 | | - | clearinghouse under subsection (a) is confidential and is not subject to |
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168 | | - | IC 5-14-3, but may be disclosed by the clearinghouse for purposes of |
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169 | | - | locating missing children, missing veterans at risk, and missing |
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170 | | - | endangered adults. |
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171 | | - | SECTION 9. IC 10-13-5-8, AS AMENDED BY P.L.115-2018, |
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172 | | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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173 | | - | JULY 1, 2024]: Sec. 8. (a) The clearinghouse shall operate an Amber |
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174 | | - | alert program, a green alert program, and the a silver alert program. |
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175 | | - | (b) Upon the establishment of an the Amber alert program, the |
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176 | | - | green alert program, and the silver alert program, the clearinghouse |
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177 | | - | may enter into an agreement with one (1) or more broadcasters to |
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178 | | - | operate the Amber alert program, the green alert program, and the |
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179 | | - | silver alert program under this chapter. |
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180 | | - | (c) The superintendent shall designate staff responsible for the |
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181 | | - | operation of the Amber alert program, the green alert program, and |
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182 | | - | the silver alert program. |
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183 | | - | (d) The department shall adopt guidelines governing the |
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184 | | - | clearinghouse's operation of the Amber alert program, the green alert |
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185 | | - | program, and the silver alert program. The department's guidelines |
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186 | | - | may require that staff, upon receiving a report that a child has been |
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187 | | - | abducted or an endangered child, veteran at risk, or endangered adult |
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188 | | - | is missing, immediately send electronically or by other means of |
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189 | | - | communication a description of the abducted child or missing |
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190 | | - | endangered child, missing veteran at risk, or missing endangered |
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191 | | - | adult to one (1) or more broadcasters participating in the Amber alert |
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192 | | - | program, the green alert program, or the silver alert program. The |
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193 | | - | guidelines must include criteria that the clearinghouse shall use in |
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194 | | - | determining whether to issue a silver alert or green alert and the |
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195 | | - | geographic area or region in which to issue the silver alert or green |
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196 | | - | alert. |
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197 | | - | (e) A broadcaster participating in the Amber alert program, the |
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198 | | - | green alert program, or the silver alert program shall immediately |
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199 | | - | broadcast: |
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200 | | - | (1) a description of the abducted child, missing endangered child, |
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201 | | - | missing veteran at risk, or missing endangered adult; and |
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202 | | - | (2) other information that will assist in locating the abducted |
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203 | | - | child, missing endangered child, missing veteran at risk, or |
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204 | | - | missing endangered adult; |
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205 | | - | to the general public in accordance with the Amber alert plan |
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206 | | - | agreement, green alert plan agreement, or the silver alert plan |
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207 | | - | agreement between the clearinghouse and the broadcaster. |
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208 | | - | HEA 1021 6 |
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209 | | - | (f) The department shall adopt guidelines governing the voluntary |
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210 | | - | Amber alert program agreement, and the voluntary green alert |
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211 | | - | program agreement, or voluntary silver alert program agreement |
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212 | | - | between the clearinghouse and a broadcaster. The voluntary |
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213 | | - | agreements between the clearinghouse and the broadcaster may include |
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214 | | - | the following provisions: |
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215 | | - | (1) Upon receiving a notification as part of the Amber alert |
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216 | | - | program, green alert program, or the silver alert program, the |
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217 | | - | broadcaster shall broadcast the information contained on the |
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218 | | - | notice on an intermittent basis for a period of time as provided in |
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219 | | - | the agreements between the clearinghouse and the broadcaster. |
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220 | | - | (2) The broadcaster shall treat the Amber alert notification, green |
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221 | | - | alert notification, or the silver alert notification as an emergency. |
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222 | | - | (3) The broadcaster shall ensure that the form of communication |
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223 | | - | used to receive an Amber alert notification, a green alert |
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224 | | - | notification, or a silver alert notification is: |
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225 | | - | (A) generally available to receive an Amber alert notification, |
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226 | | - | a green alert notification, or a silver alert notification; and |
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227 | | - | (B) located such that the broadcaster will immediately become |
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228 | | - | aware of an incoming Amber alert notification, green alert |
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229 | | - | notification, or silver alert notification. |
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230 | | - | SECTION 10. IC 10-13-5-8.1, AS AMENDED BY P.L.115-2018, |
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231 | | - | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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232 | | - | JULY 1, 2024]: Sec. 8.1. (a) In addition to an agreement with a |
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233 | | - | broadcaster under section 8 of this chapter, the clearinghouse may enter |
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234 | | - | into an agreement with one (1) or more electronic billboard operators |
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235 | | - | to display Amber alerts, green alerts, or silver alerts under this section. |
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236 | | - | An agreement under this section may include a limitation on the days |
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237 | | - | and times that the electronic billboard operator is required to have staff |
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238 | | - | present to receive an Amber alert, a green alert, or a silver alert |
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239 | | - | notification. |
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240 | | - | (b) The department's guidelines adopted under section 8 of this |
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241 | | - | chapter may require staff, upon receiving a report that a child has been |
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242 | | - | abducted, an endangered child is missing, a veteran at risk is missing, |
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243 | | - | or an endangered adult is missing, to immediately send electronically |
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244 | | - | or by other means of communication a description of the abducted |
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245 | | - | child, missing endangered child, missing veteran at risk, or missing |
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246 | | - | endangered adult to one (1) or more electronic billboard operators |
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247 | | - | participating in the Amber alert program, green alert program, or |
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248 | | - | silver alert program if the Amber alert, green alert, or silver alert |
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249 | | - | occurs during a period when the electronic billboard operator has |
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250 | | - | agreed to have staff present to receive an Amber alert notification, a |
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251 | | - | HEA 1021 7 |
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252 | | - | green alert notification, or a silver alert notification. |
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253 | | - | (c) An electronic billboard operator participating in the Amber alert |
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254 | | - | program, green alert program, or silver alert program shall |
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255 | | - | immediately display: |
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256 | | - | (1) a description of the abducted child, missing endangered child, |
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257 | | - | missing veteran at risk, or missing endangered adult; and |
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258 | | - | (2) other information that will assist in locating the abducted |
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259 | | - | child, missing endangered child, missing veteran at risk, or |
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260 | | - | missing endangered adult; |
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261 | | - | to the general public in accordance with the Amber alert plan |
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262 | | - | agreement, green alert plan agreement, or silver alert plan agreement |
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263 | | - | between the clearinghouse and the electronic billboard operator. |
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264 | | - | (d) The department shall adopt guidelines governing the voluntary |
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265 | | - | Amber alert program and the agreement, voluntary green alert |
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266 | | - | program agreement, or voluntary silver alert program agreements |
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267 | | - | agreement between the clearinghouse and an electronic billboard |
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268 | | - | operator. The voluntary agreements between the clearinghouse and the |
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269 | | - | electronic billboard operator may include the following provisions: |
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270 | | - | (1) Upon receiving a notification as part of the Amber alert |
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271 | | - | program, the green alert program, or the silver alert program, |
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272 | | - | the electronic billboard operator shall display the information |
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273 | | - | contained in the notice on an intermittent basis for a period of |
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274 | | - | time as provided in the agreements between the clearinghouse and |
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275 | | - | the electronic billboard operator. |
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276 | | - | (2) The electronic billboard operator shall treat the Amber alert |
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277 | | - | notification, the green alert notification, or the silver alert |
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278 | | - | notification as an emergency. |
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279 | | - | (3) The electronic billboard operator shall ensure that the form of |
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280 | | - | communication used to receive an Amber alert notification, a |
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281 | | - | green alert notification, or a silver alert notification is: |
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282 | | - | (A) generally available to receive an Amber alert notification, |
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283 | | - | a green alert notification, or a silver alert notification; and |
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284 | | - | (B) located such that the electronic billboard operator will |
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285 | | - | immediately become aware of an incoming Amber alert |
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286 | | - | notification, a green alert notification, or a silver alert |
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287 | | - | notification received during days and times when staff is |
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288 | | - | present to receive an Amber alert notification, a green alert |
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289 | | - | notification, or a silver alert notification. |
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290 | | - | SECTION 11. IC 10-13-5-8.5, AS AMENDED BY P.L.115-2018, |
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291 | | - | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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292 | | - | JULY 1, 2024]: Sec. 8.5. (a) A broadcaster or electronic billboard |
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293 | | - | operator that has agreed to participate in the Amber alert program, |
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294 | | - | HEA 1021 8 |
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295 | | - | green alert program, or silver alert program and that: |
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296 | | - | (1) receives an Amber alert notification, a green alert |
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297 | | - | notification, or a silver alert notification from the department; |
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298 | | - | and |
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299 | | - | (2) broadcasts or displays: |
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300 | | - | (A) a description of the abducted child, missing endangered |
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301 | | - | child, missing veteran at risk, or missing endangered adult |
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302 | | - | contained in the notification; and |
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303 | | - | (B) other information contained in the notification that will |
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304 | | - | assist in locating the child, missing veteran at risk, or |
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305 | | - | missing endangered adult; |
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306 | | - | is immune from civil liability based on the broadcast or display of the |
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307 | | - | information received from the department. |
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308 | | - | (b) If: |
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309 | | - | (1) a person enters into an agreement with the department to |
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310 | | - | establish or maintain an Amber alert web site website, a green |
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311 | | - | alert website, or a silver alert web site; website; and |
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312 | | - | (2) the agreement provides that only the department has the |
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313 | | - | ability to place information on the web site; website; |
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314 | | - | the person is immune from civil liability for the information placed on |
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315 | | - | the web site website by the department. However, this subsection does |
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316 | | - | not affect the applicability of IC 34-13-3 to the department. |
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317 | | - | SECTION 12. IC 12-7-2-197.3 IS ADDED TO THE INDIANA |
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318 | | - | CODE AS A NEW SECTION TO READ AS FOLLOWS |
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319 | | - | [EFFECTIVE JULY 1, 2024]: Sec. 197.3. "Veteran at risk" means |
---|
320 | | - | a veteran or active duty member of the armed forces of the United |
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321 | | - | States, the national guard, or a reserve component of the armed |
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322 | | - | forces of the United States who is known, based on information |
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323 | | - | provided by a person making a report under IC 12-10-18-1, to have |
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324 | | - | a physical or mental health condition that is related to the |
---|
325 | | - | veteran's military service. |
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326 | | - | SECTION 13. IC 12-7-2-197.4 IS ADDED TO THE INDIANA |
---|
327 | | - | CODE AS A NEW SECTION TO READ AS FOLLOWS |
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328 | | - | [EFFECTIVE JULY 1, 2024]: Sec. 197.4. "Veteran at risk alert" |
---|
329 | | - | means an alert indicating that law enforcement officials are |
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330 | | - | searching for a missing veteran at risk. |
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331 | | - | SECTION 14. IC 12-10-18-0.5, AS ADDED BY P.L.92-2007, |
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332 | | - | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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333 | | - | JULY 1, 2024]: Sec. 0.5. (a) A missing endangered adult is a high risk |
---|
334 | | - | missing person under IC 5-2-17. A law enforcement agency receiving |
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335 | | - | a report of a missing endangered adult shall follow the procedures in |
---|
336 | | - | IC 5-2-17 in addition to the procedures described in this chapter. |
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337 | | - | HEA 1021 9 |
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338 | | - | (b) A missing veteran at risk is a high risk missing person under |
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339 | | - | IC 5-2-17. A law enforcement agency receiving a report of a |
---|
340 | | - | missing veteran at risk shall follow the procedures in IC 5-2-17 in |
---|
341 | | - | addition to the procedures described in this chapter. |
---|
342 | | - | SECTION 15. IC 12-10-18-1, AS AMENDED BY P.L.50-2021, |
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343 | | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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344 | | - | JULY 1, 2024]: Sec. 1. (a) A law enforcement agency that receives a |
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345 | | - | notification concerning a missing endangered adult or missing veteran |
---|
346 | | - | at risk from: |
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347 | | - | (1) the missing endangered adult's or missing veteran at risk's: |
---|
348 | | - | (A) guardian; |
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349 | | - | (B) custodian; or |
---|
350 | | - | (C) guardian ad litem; or |
---|
351 | | - | (2) an individual who: |
---|
352 | | - | (A) provides the missing endangered adult or missing veteran |
---|
353 | | - | at risk with home health aid services; |
---|
354 | | - | (B) possesses a health care power of attorney that was |
---|
355 | | - | executed under IC 30-5-5-16 for the missing endangered adult |
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356 | | - | or missing veteran at risk; or |
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357 | | - | (C) has evidence that the missing endangered adult or missing |
---|
358 | | - | veteran at risk has a condition that may prevent the missing |
---|
359 | | - | endangered adult or missing veteran at risk from returning |
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360 | | - | home without assistance; |
---|
361 | | - | shall prepare an investigative report on the missing endangered adult |
---|
362 | | - | or missing veteran at risk if, based on the notification, the law |
---|
363 | | - | enforcement agency has reason to believe that an endangered adult or |
---|
364 | | - | veteran at risk is missing. |
---|
365 | | - | (b) The investigative report described in subsection (a) may include |
---|
366 | | - | the following: |
---|
367 | | - | (1) Relevant information obtained from the notification |
---|
368 | | - | concerning the missing endangered adult or missing veteran at |
---|
369 | | - | risk, including the following: |
---|
370 | | - | (A) A physical description of the missing endangered adult or |
---|
371 | | - | missing veteran at risk. |
---|
372 | | - | (B) The date, time, and place that the missing endangered |
---|
373 | | - | adult or missing veteran at risk was last seen. |
---|
374 | | - | (C) The missing endangered adult's or missing veteran at |
---|
375 | | - | risk's address. |
---|
376 | | - | (2) Information gathered by a preliminary investigation, if one |
---|
377 | | - | was made. |
---|
378 | | - | (3) A statement by the law enforcement officer in charge setting |
---|
379 | | - | forth that officer's assessment of the case based upon the evidence |
---|
380 | | - | HEA 1021 10 |
---|
381 | | - | and information received. |
---|
382 | | - | SECTION 16. IC 12-10-18-2, AS ADDED BY P.L.140-2005, |
---|
383 | | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
384 | | - | JULY 1, 2024]: Sec. 2. The law enforcement agency shall prepare the |
---|
385 | | - | investigative report described by section 1 of this chapter as soon as |
---|
386 | | - | practicable, and if possible not later than five (5) hours after the law |
---|
387 | | - | enforcement agency receives notification of a missing endangered adult |
---|
388 | | - | or missing veteran at risk. |
---|
389 | | - | SECTION 17. IC 12-10-18-3, AS AMENDED BY P.L.43-2009, |
---|
390 | | - | SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
391 | | - | JULY 1, 2024]: Sec. 3. (a) Upon completion of the report described by |
---|
392 | | - | section 1 of this chapter, if the law enforcement agency has reason to |
---|
393 | | - | believe that public notification may assist in locating the missing |
---|
394 | | - | endangered adult or missing veteran at risk, the law enforcement |
---|
395 | | - | agency may immediately forward the contents of the report to: |
---|
396 | | - | (1) all law enforcement agencies that have jurisdiction in the |
---|
397 | | - | location where the missing endangered adult or missing veteran |
---|
398 | | - | at risk lives and all law enforcement agencies that have |
---|
399 | | - | jurisdiction in the location where the missing endangered adult or |
---|
400 | | - | missing veteran at risk was last seen; |
---|
401 | | - | (2) all law enforcement agencies to which the person who made |
---|
402 | | - | the notification concerning the missing endangered adult or |
---|
403 | | - | missing veteran at risk requests the report be sent, if the law |
---|
404 | | - | enforcement agency determines that the request is reasonable in |
---|
405 | | - | light of the information received; |
---|
406 | | - | (3) all law enforcement agencies that request a copy of the report; |
---|
407 | | - | (4) one (1) or more broadcasters that broadcast in an area where |
---|
408 | | - | the missing endangered adult or missing veteran at risk may be |
---|
409 | | - | located; |
---|
410 | | - | (5) the Indiana data and communication system (IDACS); |
---|
411 | | - | (6) the National Crime Information Center's Missing Person File, |
---|
412 | | - | if appropriate; and |
---|
413 | | - | (7) the Indiana clearinghouse for information on missing children, |
---|
414 | | - | missing veterans at risk, and missing endangered adults, |
---|
415 | | - | established by IC 10-13-5-5, to disseminate information |
---|
416 | | - | concerning the: |
---|
417 | | - | (A) missing endangered adult to be broadcast as part of the |
---|
418 | | - | silver alert program; or |
---|
419 | | - | (B) missing veteran at risk to be broadcast as part of the |
---|
420 | | - | green alert program. |
---|
421 | | - | (b) Upon completion of the report described by section 1 of this |
---|
422 | | - | chapter, a law enforcement agency may forward a copy of the contents |
---|
423 | | - | HEA 1021 11 |
---|
424 | | - | of the report to one (1) or more newspapers distributed in an area |
---|
425 | | - | where the missing endangered adult or missing veteran at risk may |
---|
426 | | - | be located. |
---|
427 | | - | (c) After forwarding the contents of the report to a broadcaster or |
---|
428 | | - | newspaper under this section, the law enforcement agency may request |
---|
429 | | - | that the broadcaster or newspaper: |
---|
430 | | - | (1) notify the public that there is an endangered adult medical |
---|
431 | | - | alert or a missing veteran at risk alert; and |
---|
432 | | - | (2) broadcast or publish: |
---|
433 | | - | (A) a description of the missing endangered adult or missing |
---|
434 | | - | veteran at risk; and |
---|
435 | | - | (B) any other relevant information that would assist in locating |
---|
436 | | - | the missing endangered adult or missing veteran at risk. |
---|
437 | | - | (d) A broadcaster or newspaper that receives a request concerning |
---|
438 | | - | a missing endangered adult or missing veteran at risk under |
---|
439 | | - | subsection (c) may, at the discretion of the broadcaster or newspaper: |
---|
440 | | - | (1) notify the public that there is an endangered adult medical |
---|
441 | | - | alert or a missing veteran at risk alert; and |
---|
442 | | - | (2) broadcast or publish: |
---|
443 | | - | (A) a description of the missing endangered adult or missing |
---|
444 | | - | veteran at risk; and |
---|
445 | | - | (B) any other relevant information that would assist in locating |
---|
446 | | - | the missing endangered adult or missing veteran at risk. |
---|
447 | | - | SECTION 18. IC 12-10-18-4, AS ADDED BY P.L.140-2005, |
---|
448 | | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
449 | | - | JULY 1, 2024]: Sec. 4. A law enforcement agency may begin an |
---|
450 | | - | investigation concerning a missing endangered adult or missing |
---|
451 | | - | veteran at risk as soon as possible after receiving notification of the |
---|
452 | | - | missing endangered adult or missing veteran at risk. |
---|
453 | | - | SECTION 19. IC 12-10-18-5, AS ADDED BY P.L.140-2005, |
---|
454 | | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
455 | | - | JULY 1, 2024]: Sec. 5. An individual described in section 1(a)(1) or |
---|
456 | | - | 1(a)(2) of this chapter who notifies a law enforcement agency |
---|
457 | | - | concerning a missing endangered adult or missing veteran at risk |
---|
458 | | - | shall notify the law enforcement agency when the missing endangered |
---|
459 | | - | adult or missing veteran at risk is found. |
---|
460 | | - | SECTION 20. IC 12-10-18-6, AS ADDED BY P.L.140-2005, |
---|
461 | | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
462 | | - | JULY 1, 2024]: Sec. 6. (a) A broadcaster or newspaper that receives a |
---|
463 | | - | report of a missing endangered adult or missing veteran at risk from |
---|
464 | | - | a law enforcement agency under section 3 of this chapter is immune |
---|
465 | | - | from civil liability for an act or omission related to: |
---|
466 | | - | HEA 1021 12 |
---|
467 | | - | (1) the broadcast or publication of information contained in the |
---|
468 | | - | report, including: |
---|
469 | | - | (A) a description of the missing endangered adult or missing |
---|
470 | | - | veteran at risk; and |
---|
471 | | - | (B) any other relevant information that would assist in locating |
---|
472 | | - | the missing endangered adult or missing veteran at risk; or |
---|
473 | | - | (2) the decision of the broadcaster or newspaper not to broadcast |
---|
474 | | - | or publish information contained in the report. |
---|
475 | | - | (b) The civil immunity described in subsection (a) does not apply to |
---|
476 | | - | an act or omission that constitutes gross negligence or willful, wanton, |
---|
477 | | - | or intentional misconduct. |
---|
478 | | - | SECTION 21. IC 12-17.2-2-1.5, AS AMENDED BY P.L.43-2009, |
---|
479 | | - | SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
480 | | - | JULY 1, 2024]: Sec. 1.5. (a) The division shall require all child care |
---|
481 | | - | centers or child care homes to submit a report containing the names |
---|
482 | | - | and birth dates of all children who are enrolled in the child care center |
---|
483 | | - | or child care home within three (3) months from the date the child care |
---|
484 | | - | center or child care home accepts its first child, upon receiving the |
---|
485 | | - | consent of the child's parent, guardian, or custodian as required under |
---|
486 | | - | subsection (b). The division shall require all child care centers and |
---|
487 | | - | child care homes that receive written consent as described under |
---|
488 | | - | subsection (b) to submit a monthly report of the name and birth date of |
---|
489 | | - | each additional child who has been enrolled in or withdrawn from the |
---|
490 | | - | child care center or child care home during the preceding thirty (30) |
---|
491 | | - | days. |
---|
492 | | - | (b) The division shall require all child care centers or child care |
---|
493 | | - | homes to request whether the child's parent, guardian, or custodian |
---|
494 | | - | desires the center or home to include the child's name and birth date in |
---|
495 | | - | the reports described under subsection (a) before enrolling the child in |
---|
496 | | - | the center or home. No child's name or birth date may be included on |
---|
497 | | - | the report required under subsection (a) without the signed consent of |
---|
498 | | - | the child's parent, guardian, or custodian. The consent form must be in |
---|
499 | | - | the following form: |
---|
500 | | - | "I give my permission for _____________________ (name of day |
---|
501 | | - | care center or home) to report the name and birth date of my child |
---|
502 | | - | or children to the division of family resources pursuant to |
---|
503 | | - | IC 12-17.2-2-1.5. |
---|
504 | | - | Name of child ____________________________________ |
---|
505 | | - | Birth date _______________________________________ |
---|
506 | | - | Signature of parent, guardian, or custodian |
---|
507 | | - | _______________________________________________ |
---|
508 | | - | Date ____________________________________________". |
---|
509 | | - | HEA 1021 13 |
---|
510 | | - | (c) The division shall submit a monthly report of the information |
---|
511 | | - | provided under subsection (a) to the Indiana clearinghouse for |
---|
512 | | - | information on missing children, missing veterans at risk, and missing |
---|
513 | | - | endangered adults established under IC 10-13-5. |
---|
514 | | - | (d) The division shall require that a person who transports children |
---|
515 | | - | who are in the care of the child care center on a public highway (as |
---|
516 | | - | defined in IC 9-25-2-4) within or outside Indiana in a vehicle designed |
---|
517 | | - | and constructed for the accommodation of more than ten (10) |
---|
518 | | - | passengers must comply with the same requirements set forth in |
---|
519 | | - | IC 20-27-9-12 for a public elementary or secondary school or a |
---|
520 | | - | preschool operated by a school corporation. |
---|
521 | | - | SECTION 22. IC 12-17.2-4-18.5, AS AMENDED BY P.L.43-2009, |
---|
522 | | - | SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
523 | | - | JULY 1, 2024]: Sec. 18.5. (a) Upon receiving a report under |
---|
524 | | - | IC 31-36-1-4, a child care center shall thoroughly inspect the report. If |
---|
525 | | - | the child care center finds that a child on the report required under |
---|
526 | | - | IC 31-36-1-4 is enrolled at the child care center, the child care center |
---|
527 | | - | shall immediately notify the Indiana clearinghouse for information on |
---|
528 | | - | missing children, missing veterans at risk, and missing endangered |
---|
529 | | - | adults. |
---|
530 | | - | (b) Upon receiving a report under IC 31-36-1-4, a child care center |
---|
531 | | - | shall attach a notice to the child's enrollment records stating that the |
---|
532 | | - | child has been reported missing. The child care center shall remove the |
---|
533 | | - | notice when the center is notified under IC 31-36-2-6 that the child has |
---|
534 | | - | been found. |
---|
535 | | - | (c) If a request for the enrollment records of a missing child is |
---|
536 | | - | received, the child care center shall: |
---|
537 | | - | (1) obtain: |
---|
538 | | - | (A) the name, address, and telephone number of the person |
---|
539 | | - | making the request; and |
---|
540 | | - | (B) the reason that the person is requesting the school records; |
---|
541 | | - | and |
---|
542 | | - | (2) immediately notify the Indiana clearinghouse for information |
---|
543 | | - | on missing children, missing veterans at risk, and missing |
---|
544 | | - | endangered adults. |
---|
545 | | - | (d) The child care center may not issue a copy of the enrollment |
---|
546 | | - | records of a child reported missing without authorization from the |
---|
547 | | - | Indiana clearinghouse for information on missing children, missing |
---|
548 | | - | veterans at risk, and missing endangered adults and may not inform |
---|
549 | | - | the person making the request that a notice that the child has been |
---|
550 | | - | reported missing has been attached to the child's records. |
---|
551 | | - | SECTION 23. IC 12-17.2-5-18.6, AS AMENDED BY P.L.43-2009, |
---|
552 | | - | HEA 1021 14 |
---|
553 | | - | SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
554 | | - | JULY 1, 2024]: Sec. 18.6. (a) Upon receiving a report under |
---|
555 | | - | IC 31-36-1-4, a child care home shall thoroughly inspect the report. If |
---|
556 | | - | the child care home finds that a child on the report required under |
---|
557 | | - | IC 31-36-1-4 is enrolled at the child care home, the child care home |
---|
558 | | - | shall immediately notify the Indiana clearinghouse for information on |
---|
559 | | - | missing children, missing veterans at risk, and missing endangered |
---|
560 | | - | adults. |
---|
561 | | - | (b) Upon receiving a report under IC 31-36-1-4, a child care home |
---|
562 | | - | shall attach a notice to the child's enrollment records stating that the |
---|
563 | | - | child has been reported missing. The child care home shall remove the |
---|
564 | | - | notice when the center is notified under IC 31-36-2-6 that the child has |
---|
565 | | - | been found. |
---|
566 | | - | (c) If a request for the enrollment records of a missing child is |
---|
567 | | - | received, the child care home shall: |
---|
568 | | - | (1) obtain: |
---|
569 | | - | (A) the name, address, and telephone number of the person |
---|
570 | | - | making the request; and |
---|
571 | | - | (B) the reason that the person is requesting the school records; |
---|
572 | | - | and |
---|
573 | | - | (2) immediately notify the Indiana clearinghouse for information |
---|
574 | | - | on missing children, missing veterans at risk, and missing |
---|
575 | | - | endangered adults. |
---|
576 | | - | (d) The child care home may not issue a copy of the enrollment |
---|
577 | | - | records of a child reported missing without authorization from the |
---|
578 | | - | Indiana clearinghouse for information on missing children, missing |
---|
579 | | - | veterans at risk, and missing endangered adults and may not inform |
---|
580 | | - | the person making the request that a notice that the child has been |
---|
581 | | - | reported missing has been attached to the child's records. |
---|
582 | | - | SECTION 24. IC 16-37-1-8, AS AMENDED BY P.L.147-2023, |
---|
583 | | - | SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
584 | | - | JULY 1, 2024]: Sec. 8. (a) Except as provided in subsection (d), a local |
---|
585 | | - | health officer shall provide a certification of birth, death, or stillbirth |
---|
586 | | - | registration upon request by any person only if: |
---|
587 | | - | (1) the health officer is satisfied that the applicant has a direct |
---|
588 | | - | interest in the matter; |
---|
589 | | - | (2) the health officer determines that the certificate is necessary |
---|
590 | | - | for the determination of personal or property rights or for |
---|
591 | | - | compliance with state or federal law; and |
---|
592 | | - | (3) the applicant for a birth certificate presents at least one (1) |
---|
593 | | - | form of identification. |
---|
594 | | - | However, the local health officer must issue a certificate of an |
---|
595 | | - | HEA 1021 15 |
---|
596 | | - | applicant's own birth registration. |
---|
597 | | - | (b) A local health officer's decision whether or not to issue a |
---|
598 | | - | certified copy of a birth certificate is subject to review by a court. |
---|
599 | | - | (c) A local health officer may issue a certification of birth, death, or |
---|
600 | | - | stillbirth from the electronic registration systems in section 3.1 of this |
---|
601 | | - | chapter, regardless of the location of the filing of the record. |
---|
602 | | - | (d) A local health officer may not issue a copy of a birth certificate |
---|
603 | | - | of a missing child to which a notice has been attached under |
---|
604 | | - | IC 10-13-5-11 without the authorization of the Indiana clearinghouse |
---|
605 | | - | for information on missing children, missing veterans at risk, and |
---|
606 | | - | missing endangered adults. |
---|
607 | | - | (e) Upon determination that a person may be provided a certification |
---|
608 | | - | of death under subsection (a), the local health officer shall provide to |
---|
609 | | - | the person a certification of death that excludes information concerning |
---|
610 | | - | the cause of death if the person requests the exclusion of this |
---|
611 | | - | information. |
---|
612 | | - | SECTION 25. IC 20-26-13-10, AS AMENDED BY P.L.246-2023, |
---|
613 | | - | SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
614 | | - | JULY 1, 2024]: Sec. 10. (a) Except as provided in section 11 of this |
---|
615 | | - | chapter and subject to IC 20-31-8-4.6 and IC 20-32-4-14, the four (4) |
---|
616 | | - | year graduation rate for a cohort in a high school is the percentage |
---|
617 | | - | determined under STEP FIVE of the following formula: |
---|
618 | | - | STEP ONE: Determine the grade 9 enrollment at the beginning of |
---|
619 | | - | the reporting year three (3) years before the reporting year for |
---|
620 | | - | which the graduation rate is being determined. |
---|
621 | | - | STEP TWO: Add: |
---|
622 | | - | (A) the number determined under STEP ONE; and |
---|
623 | | - | (B) the number of students who: |
---|
624 | | - | (i) have enrolled in the high school after the date on which |
---|
625 | | - | the number determined under STEP ONE was determined; |
---|
626 | | - | and |
---|
627 | | - | (ii) have the same expected graduation year as the cohort. |
---|
628 | | - | STEP THREE: Subtract from the sum determined under STEP |
---|
629 | | - | TWO the number of students who have left the cohort for any of |
---|
630 | | - | the following reasons: |
---|
631 | | - | (A) Transfer to another public or nonpublic school. |
---|
632 | | - | (B) Except as provided in IC 20-33-2-28.6 and subsection (b), |
---|
633 | | - | removal by the student's parents under IC 20-33-2-28 to |
---|
634 | | - | provide instruction equivalent to that given in the public |
---|
635 | | - | schools. |
---|
636 | | - | (C) Withdrawal because of a long term medical condition or |
---|
637 | | - | death. |
---|
638 | | - | HEA 1021 16 |
---|
639 | | - | (D) Detention by a law enforcement agency or the department |
---|
640 | | - | of correction. |
---|
641 | | - | (E) Placement by a court order or the department of child |
---|
642 | | - | services. |
---|
643 | | - | (F) Enrollment in a virtual school. |
---|
644 | | - | (G) Leaving school, if the student attended school in Indiana |
---|
645 | | - | for less than one (1) school year and the location of the student |
---|
646 | | - | cannot be determined. |
---|
647 | | - | (H) Leaving school, if the location of the student cannot be |
---|
648 | | - | determined and the student has been reported to the Indiana |
---|
649 | | - | clearinghouse for information on missing children, missing |
---|
650 | | - | veterans at risk, and missing endangered adults. |
---|
651 | | - | (I) Withdrawing from school before graduation, if the student |
---|
652 | | - | is a high ability student (as defined in IC 20-36-1-3) who is a |
---|
653 | | - | full-time student at an accredited institution of higher |
---|
654 | | - | education during the semester in which the cohort graduates. |
---|
655 | | - | (J) Withdrawing from school before graduation pursuant to |
---|
656 | | - | providing notice of withdrawal under section 17 of this |
---|
657 | | - | chapter. |
---|
658 | | - | (K) Participating in the high school equivalency pilot program |
---|
659 | | - | under IC 20-30-8.5, unless the student fails to successfully |
---|
660 | | - | complete the high school equivalency pilot program in the two |
---|
661 | | - | (2) year period. This clause expires June 30, 2024. |
---|
662 | | - | STEP FOUR: Determine the result of: |
---|
663 | | - | (A) the total number of students determined under STEP TWO |
---|
664 | | - | who have graduated during the current reporting year or a |
---|
665 | | - | previous reporting year; minus |
---|
666 | | - | (B) the amount by which the number of students who |
---|
667 | | - | graduated through a waiver process required under IC 20-32-3 |
---|
668 | | - | through IC 20-32-5.1 exceeds: |
---|
669 | | - | (i) nine percent (9%) of the total number of students |
---|
670 | | - | determined under clause (A) for the 2023-2024 school year; |
---|
671 | | - | (ii) six percent (6%) of the total number of students |
---|
672 | | - | determined under clause (A) for the 2024-2025 school year; |
---|
673 | | - | or |
---|
674 | | - | (iii) three percent (3%) of the total number of students |
---|
675 | | - | determined under clause (A) for each school year after June |
---|
676 | | - | 30, 2025. |
---|
677 | | - | STEP FIVE: Divide: |
---|
678 | | - | (A) the number determined under STEP FOUR; by |
---|
679 | | - | (B) the remainder determined under STEP THREE. |
---|
680 | | - | (b) This subsection applies to a high school in which: |
---|
681 | | - | HEA 1021 17 |
---|
682 | | - | (1) for a: |
---|
683 | | - | (A) cohort of one hundred (100) students or less, at least ten |
---|
684 | | - | percent (10%) of the students left a particular cohort for a |
---|
685 | | - | reason described in subsection (a) STEP THREE clause (B); |
---|
686 | | - | or |
---|
687 | | - | (B) cohort of more than one hundred (100) students, at least |
---|
688 | | - | five percent (5%) of the students left a particular cohort for a |
---|
689 | | - | reason described in subsection (a) STEP THREE clause (B); |
---|
690 | | - | and |
---|
691 | | - | (2) the students described in subdivision (1)(A) or (1)(B) are not |
---|
692 | | - | on track to graduate with their cohort. |
---|
693 | | - | A high school must submit a request to the state board in a manner |
---|
694 | | - | prescribed by the state board requesting that the students described in |
---|
695 | | - | this subsection be included in the subsection (a) STEP THREE |
---|
696 | | - | calculation. The state board shall review the request and may grant or |
---|
697 | | - | deny the request. The state board shall deny the request unless the high |
---|
698 | | - | school demonstrates good cause to justify that the students described |
---|
699 | | - | in this subsection should be included in the subsection (a) STEP |
---|
700 | | - | THREE calculation. If the state board denies the request the high |
---|
701 | | - | school may not subtract the students described in this subsection under |
---|
702 | | - | subsection (a) STEP THREE. |
---|
703 | | - | SECTION 26. IC 20-33-2-10, AS AMENDED BY P.L.32-2021, |
---|
704 | | - | SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
705 | | - | JULY 1, 2024]: Sec. 10. (a) Each public school shall and each private |
---|
706 | | - | school may require a student who initially enrolls in the school to |
---|
707 | | - | provide: |
---|
708 | | - | (1) the name and address of the school the student last attended; |
---|
709 | | - | and |
---|
710 | | - | (2) a certified copy of the student's birth certificate or other |
---|
711 | | - | reliable proof of the student's date of birth. |
---|
712 | | - | (b) Each public school, charter school, and nonpublic school with |
---|
713 | | - | at least one (1) employee shall provide upon request of another school |
---|
714 | | - | a copy of a particular student's disciplinary records that are relevant to |
---|
715 | | - | the safety of students, if the particular student currently attends the |
---|
716 | | - | requesting school and is currently enrolled in the requesting school. |
---|
717 | | - | (c) Not more than fourteen (14) days after initial enrollment in a |
---|
718 | | - | school, the school shall request the student's records from the school |
---|
719 | | - | the student last attended. |
---|
720 | | - | (d) If the document described in subsection (a)(2): |
---|
721 | | - | (1) is not provided to the school not more than thirty (30) days |
---|
722 | | - | after the student's enrollment; or |
---|
723 | | - | (2) appears to be inaccurate or fraudulent; |
---|
724 | | - | HEA 1021 18 |
---|
725 | | - | the school shall notify the Indiana clearinghouse for information on |
---|
726 | | - | missing children, missing veterans at risk, and missing endangered |
---|
727 | | - | adults established under IC 10-13-5-5 and determine if the student has |
---|
728 | | - | been reported missing. |
---|
729 | | - | (e) A school in Indiana receiving a request for records shall send the |
---|
730 | | - | records promptly to the requesting school. However, if a request is |
---|
731 | | - | received for records to which a notice has been attached under |
---|
732 | | - | IC 31-36-1-5 (or IC 31-6-13-6 before its repeal), the school: |
---|
733 | | - | (1) shall immediately notify the Indiana clearinghouse for |
---|
734 | | - | information on missing children, missing veterans at risk, and |
---|
735 | | - | missing endangered adults; |
---|
736 | | - | (2) may not send the school records without the authorization of |
---|
737 | | - | the clearinghouse; and |
---|
738 | | - | (3) may not inform the requesting school that a notice under |
---|
739 | | - | IC 31-36-1-5 (or IC 31-6-13-6 before its repeal) has been attached |
---|
740 | | - | to the records. |
---|
741 | | - | (f) Notwithstanding subsection (e), if a parent of a child who has |
---|
742 | | - | enrolled in a state accredited nonpublic school is in breach of a contract |
---|
743 | | - | that conditions release of student records on the payment of |
---|
744 | | - | outstanding tuition and other fees, the state accredited nonpublic school |
---|
745 | | - | shall provide a requesting school sufficient verbal information to |
---|
746 | | - | permit the requesting school to make an appropriate placement |
---|
747 | | - | decision regarding the child. However, the state accredited nonpublic |
---|
748 | | - | school must provide the information described in subsection (b) to the |
---|
749 | | - | requesting school. |
---|
750 | | - | SECTION 27. IC 31-34-2-5, AS AMENDED BY P.L.43-2009, |
---|
751 | | - | SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
752 | | - | JULY 1, 2024]: Sec. 5. If a child in need of services is a missing child |
---|
753 | | - | and is taken into custody under a court order, the person taking the |
---|
754 | | - | child into custody shall do the following: |
---|
755 | | - | (1) Take the child to a place designated in the order. |
---|
756 | | - | (2) Give notice to the following that the child has been taken into |
---|
757 | | - | custody: |
---|
758 | | - | (A) The child's legal custodian. |
---|
759 | | - | (B) The clearinghouse for information on missing children, |
---|
760 | | - | missing veterans at risk, and missing endangered adults |
---|
761 | | - | established by IC 10-13-5. |
---|
762 | | - | SECTION 28. IC 31-34-2.5-2, AS AMENDED BY P.L.45-2023, |
---|
763 | | - | SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
764 | | - | JULY 1, 2024]: Sec. 2. (a) Immediately after an emergency medical |
---|
765 | | - | services provider takes custody of a safe haven infant under section 1 |
---|
766 | | - | of this chapter, the provider shall notify either: |
---|
767 | | - | HEA 1021 19 |
---|
768 | | - | (1) the department of child services; or |
---|
769 | | - | (2) a licensed child placing agency; |
---|
770 | | - | that the provider has taken custody of the safe haven infant. |
---|
771 | | - | (b) If notified under subsection (a), the department of child services |
---|
772 | | - | or a licensed child placing agency shall: |
---|
773 | | - | (1) assume the care, control, and custody of the safe haven infant |
---|
774 | | - | immediately after receiving notice under subsection (a); |
---|
775 | | - | (2) not later than forty-eight (48) hours after the department of |
---|
776 | | - | child services or a licensed child placing agency has taken |
---|
777 | | - | custody of the safe haven infant, contact the Indiana |
---|
778 | | - | clearinghouse for information on missing children, missing |
---|
779 | | - | veterans at risk, and missing endangered adults established by |
---|
780 | | - | IC 10-13-5-5 and the National Center for Missing and Exploited |
---|
781 | | - | Children to determine if the safe haven infant has been reported |
---|
782 | | - | missing; and |
---|
783 | | - | (3) fifteen (15) days after the department of child services or a |
---|
784 | | - | licensed child placing agency has taken custody of the safe haven |
---|
785 | | - | infant, contact the National Center for Missing and Exploited |
---|
786 | | - | Children a second time to determine if the safe haven infant has |
---|
787 | | - | been reported missing. |
---|
788 | | - | SECTION 29. IC 31-36-1-3, AS AMENDED BY P.L.183-2017, |
---|
789 | | - | SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
790 | | - | JULY 1, 2024]: Sec. 3. Upon completion of the report required by |
---|
791 | | - | section 1 of this chapter, the law enforcement agency shall immediately |
---|
792 | | - | forward the contents of the report to: |
---|
793 | | - | (1) all law enforcement agencies that have jurisdiction of the |
---|
794 | | - | location in which the missing child lives and all law enforcement |
---|
795 | | - | agencies that have jurisdiction of the location in which the |
---|
796 | | - | missing child was last seen; |
---|
797 | | - | (2) all law enforcement agencies to which the person who |
---|
798 | | - | provided notification requests the report be sent, if the law |
---|
799 | | - | enforcement agency determines that the request is reasonable in |
---|
800 | | - | light of the information contained in the report; |
---|
801 | | - | (3) all law enforcement agencies that request a copy of the report; |
---|
802 | | - | (4) the Indiana clearinghouse for information on missing children, |
---|
803 | | - | missing veterans at risk, and missing endangered adults |
---|
804 | | - | established by IC 10-13-5; |
---|
805 | | - | (5) the Indiana data and communication system (IDACS); |
---|
806 | | - | (6) the National Crime Information Center's Missing Person File; |
---|
807 | | - | and |
---|
808 | | - | (7) the department. |
---|
809 | | - | SECTION 30. IC 31-36-1-5, AS AMENDED BY P.L.43-2009, |
---|
810 | | - | HEA 1021 20 |
---|
811 | | - | SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
812 | | - | JULY 1, 2024]: Sec. 5. (a) Upon receiving a report under section 4 of |
---|
813 | | - | this chapter, a school shall attach a notice to the child's school records |
---|
814 | | - | stating that the child has been reported missing. The school shall |
---|
815 | | - | remove the notice when the school is notified under IC 31-36-2-6 that |
---|
816 | | - | the child has been found. |
---|
817 | | - | (b) If a request for the school records of a missing child is received, |
---|
818 | | - | the school shall: |
---|
819 | | - | (1) obtain: |
---|
820 | | - | (A) the name, address, and telephone number of the person |
---|
821 | | - | making the request; and |
---|
822 | | - | (B) the reason that the person is requesting the school records; |
---|
823 | | - | and |
---|
824 | | - | (2) immediately notify the Indiana clearinghouse for information |
---|
825 | | - | on missing children, missing veterans at risk, and missing |
---|
826 | | - | endangered adults. |
---|
827 | | - | (c) The school may not issue a copy of school records without |
---|
828 | | - | authorization from the Indiana clearinghouse for information on |
---|
829 | | - | missing children, missing veterans at risk, and missing endangered |
---|
830 | | - | adults and may not inform the person making the request that a notice |
---|
831 | | - | that the child has been reported missing has been attached to the child's |
---|
832 | | - | records. |
---|
833 | | - | SECTION 31. IC 31-36-2-2, AS AMENDED BY P.L.43-2009, |
---|
834 | | - | SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
835 | | - | JULY 1, 2024]: Sec. 2. A law enforcement agency involved in the |
---|
836 | | - | investigation of a missing child shall do the following: |
---|
837 | | - | (1) Update the initial report filed by the agency that received |
---|
838 | | - | notification of the missing child upon the discovery of new |
---|
839 | | - | information concerning the investigation. |
---|
840 | | - | (2) Forward the updated report to the agencies and organizations |
---|
841 | | - | listed in IC 31-36-1-3. |
---|
842 | | - | (3) Search the National Crime Information Center's Wanted |
---|
843 | | - | Person File for reports of arrest warrants issued for persons who |
---|
844 | | - | allegedly abducted or unlawfully retained children and compare |
---|
845 | | - | these reports to the missing child's National Crime Information |
---|
846 | | - | Center's Missing Person File. |
---|
847 | | - | (4) Notify all law enforcement agencies involved in the |
---|
848 | | - | investigation, the Indiana clearinghouse for information on |
---|
849 | | - | missing children, missing veterans at risk, and missing |
---|
850 | | - | endangered adults, and the National Crime Information Center |
---|
851 | | - | when the missing child is located. |
---|
852 | | - | SECTION 32. IC 34-30-2.1-116, AS ADDED BY P.L.105-2022, |
---|
853 | | - | HEA 1021 21 |
---|
854 | | - | SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
855 | | - | JULY 1, 2024]: Sec. 116. IC 10-13-5-8.5 (Concerning a broadcaster |
---|
856 | | - | who broadcasts or an electronic billboard operator who displays an |
---|
857 | | - | Amber alert notification, a green alert notification, or a silver alert |
---|
858 | | - | notification and a person who establishes or maintains an Amber alert |
---|
859 | | - | web site website, a green alert website, or a silver alert web site |
---|
860 | | - | website under an agreement with the state police department). |
---|
861 | | - | SECTION 33. IC 34-30-2.1-136, AS ADDED BY P.L.105-2022, |
---|
862 | | - | SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
863 | | - | JULY 1, 2024]: Sec. 136. IC 12-10-18-6 (Concerning a broadcaster or |
---|
864 | | - | newspaper that receives a report concerning an endangered adult |
---|
865 | | - | medical alert or missing veteran at risk alert). |
---|
866 | | - | SECTION 34. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021, |
---|
867 | | - | SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
868 | | - | JULY 1, 2024]: Sec. 3. (a) As used in this section, "consumer product" |
---|
869 | | - | has the meaning set forth in IC 35-45-8-1. |
---|
870 | | - | (b) As used in this section, "misconduct" means a violation of a |
---|
871 | | - | departmental rule or procedure of a law enforcement agency. |
---|
872 | | - | (c) A person who reports that: |
---|
873 | | - | (1) the person or another person has placed or intends to place an |
---|
874 | | - | explosive, a destructive device, or other destructive substance in |
---|
875 | | - | a building or transportation facility; |
---|
876 | | - | (2) there has been or there will be tampering with a consumer |
---|
877 | | - | product introduced into commerce; or |
---|
878 | | - | (3) there has been or will be placed or introduced a weapon of |
---|
879 | | - | mass destruction in a building or a place of assembly; |
---|
880 | | - | knowing the report to be false, commits false reporting, a Level 6 |
---|
881 | | - | felony. |
---|
882 | | - | (d) A person who: |
---|
883 | | - | (1) gives: |
---|
884 | | - | (A) a false report of the commission of a crime; or |
---|
885 | | - | (B) false information to a law enforcement officer that relates |
---|
886 | | - | to the commission of a crime; |
---|
887 | | - | knowing the report or information to be false; |
---|
888 | | - | (2) gives a false alarm of fire to the fire department of a |
---|
889 | | - | governmental entity, knowing the alarm to be false; |
---|
890 | | - | (3) makes a false request for ambulance service to an ambulance |
---|
891 | | - | service provider, knowing the request to be false; |
---|
892 | | - | (4) gives a false report concerning a missing child (as defined in |
---|
893 | | - | IC 10-13-5-4), missing veteran at risk (as defined in |
---|
894 | | - | IC 12-7-2-197.3), or missing endangered adult (as defined in |
---|
895 | | - | IC 12-7-2-131.3) or gives false information to a law enforcement |
---|
896 | | - | HEA 1021 22 |
---|
897 | | - | officer or a governmental entity that relates to a missing child, |
---|
898 | | - | missing veteran at risk, or missing endangered adult knowing |
---|
899 | | - | the report or information to be false; |
---|
900 | | - | (5) makes a complaint against a law enforcement officer to the |
---|
901 | | - | state or municipality (as defined in IC 8-1-13-3(b)) that employs |
---|
902 | | - | the officer: |
---|
903 | | - | (A) alleging the officer engaged in misconduct while |
---|
904 | | - | performing the officer's duties; and |
---|
905 | | - | (B) knowing the complaint to be false; |
---|
906 | | - | (6) makes a false report of a missing person, knowing the report |
---|
907 | | - | or information is false; |
---|
908 | | - | (7) gives a false report of actions, behavior, or conditions |
---|
909 | | - | concerning: |
---|
910 | | - | (A) a septic tank soil absorption system under IC 8-1-2-125 or |
---|
911 | | - | IC 13-26-5-2.5; or |
---|
912 | | - | (B) a septic tank soil absorption system or constructed wetland |
---|
913 | | - | septic system under IC 36-9-23-30.1; |
---|
914 | | - | knowing the report or information to be false; or |
---|
915 | | - | (8) makes a false report that a person is dangerous (as defined in |
---|
916 | | - | IC 35-47-14-1) knowing the report or information to be false; |
---|
917 | | - | commits false informing, a Class B misdemeanor. However, the offense |
---|
918 | | - | is a Class A misdemeanor if it substantially hinders any law |
---|
919 | | - | enforcement process or if it results in harm to another person. |
---|
920 | | - | HEA 1021 Speaker of the House of Representatives |
---|
921 | | - | President of the Senate |
---|
922 | | - | President Pro Tempore |
---|
923 | | - | Governor of the State of Indiana |
---|
924 | | - | Date: Time: |
---|
925 | | - | HEA 1021 |
---|
| 51 | + | 1 SECTION 1. IC 5-2-17-1, AS ADDED BY P.L.92-2007, SECTION |
---|
| 52 | + | 2 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, |
---|
| 53 | + | 3 2024]: Sec. 1. As used in this chapter, "high risk missing person" |
---|
| 54 | + | 4 means a person whose whereabouts are not known and who may be at |
---|
| 55 | + | 5 risk of injury or death. The term includes the following: |
---|
| 56 | + | 6 (1) A person who is missing as the result of abduction by a |
---|
| 57 | + | 7 stranger. |
---|
| 58 | + | 8 (2) A person whose disappearance may be the result of the |
---|
| 59 | + | 9 commission of a crime. |
---|
| 60 | + | 10 (3) A person whose disappearance occurred under circumstances |
---|
| 61 | + | 11 that are inherently dangerous. |
---|
| 62 | + | 12 (4) A person who is missing for more than thirty (30) days. |
---|
| 63 | + | 13 (5) A missing person who is in need of medical attention or |
---|
| 64 | + | 14 prescription medication. |
---|
| 65 | + | 15 (6) A missing person who may be at risk due to abduction by a |
---|
| 66 | + | 16 noncustodial parent. |
---|
| 67 | + | 17 (7) A missing person who is mentally impaired. |
---|
| 68 | + | EH 1021—LS 6230/DI 119 2 |
---|
| 69 | + | 1 (8) A missing person who is less than twenty-one (21) years of |
---|
| 70 | + | 2 age. |
---|
| 71 | + | 3 (9) A missing person who has previously been the victim of a |
---|
| 72 | + | 4 threat of violence or an act of violence. |
---|
| 73 | + | 5 (10) A missing person who has been determined by a law |
---|
| 74 | + | 6 enforcement agency to be: |
---|
| 75 | + | 7 (A) at risk of injury or death; or |
---|
| 76 | + | 8 (B) a person that meets any of the descriptions in subdivisions |
---|
| 77 | + | 9 (1) through (9). |
---|
| 78 | + | 10 (11) A missing person who is an endangered adult (as defined in |
---|
| 79 | + | 11 IC 12-7-2-131.3). |
---|
| 80 | + | 12 (12) A missing person who is a veteran at risk (as defined in |
---|
| 81 | + | 13 IC 12-7-2-197.3). |
---|
| 82 | + | 14 SECTION 2. IC 5-2-17-3, AS ADDED BY P.L.92-2007, SECTION |
---|
| 83 | + | 15 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, |
---|
| 84 | + | 16 2024]: Sec. 3. A law enforcement agency receiving a report of a |
---|
| 85 | + | 17 missing: |
---|
| 86 | + | 18 (1) child less than eighteen (18) years of age shall comply with |
---|
| 87 | + | 19 the requirements of IC 31-36-2; or |
---|
| 88 | + | 20 (2) endangered adult (as defined in IC 12-7-2-131.3) shall comply |
---|
| 89 | + | 21 with the requirements of IC 12-10-18; or |
---|
| 90 | + | 22 (3) veteran at risk (as defined in IC 12-7-2-197.3) shall comply |
---|
| 91 | + | 23 with the requirements of IC 12-10-18; |
---|
| 92 | + | 24 in addition to the procedures described in this chapter. |
---|
| 93 | + | 25 SECTION 3. IC 10-13-5-3, AS AMENDED BY P.L.43-2009, |
---|
| 94 | + | 26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 95 | + | 27 JULY 1, 2024]: Sec. 3. As used in this chapter, "clearinghouse" refers |
---|
| 96 | + | 28 to the Indiana clearinghouse for information on missing children, |
---|
| 97 | + | 29 missing veterans at risk, and missing endangered adults established |
---|
| 98 | + | 30 by section 5 of this chapter. |
---|
| 99 | + | 31 SECTION 4. IC 10-13-5-3.5 IS ADDED TO THE INDIANA CODE |
---|
| 100 | + | 32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 101 | + | 33 1, 2024]: Sec. 3.5. As used in this chapter, "green alert program" |
---|
| 102 | + | 34 means a program under which the clearinghouse transmits |
---|
| 103 | + | 35 information about missing veterans at risk to broadcasters who: |
---|
| 104 | + | 36 (1) have agreed to participate in the program; and |
---|
| 105 | + | 37 (2) immediately and repeatedly broadcast the information to |
---|
| 106 | + | 38 the general public. |
---|
| 107 | + | 39 SECTION 5. IC 10-13-5-4.5 IS ADDED TO THE INDIANA CODE |
---|
| 108 | + | 40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 109 | + | 41 1, 2024]: Sec. 4.5. As used in this chapter, "missing veteran at risk" |
---|
| 110 | + | 42 means a veteran who is a high risk missing person under |
---|
| 111 | + | EH 1021—LS 6230/DI 119 3 |
---|
| 112 | + | 1 IC 5-2-17-1. |
---|
| 113 | + | 2 SECTION 6. IC 10-13-5-5, AS AMENDED BY P.L.43-2009, |
---|
| 114 | + | 3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 115 | + | 4 JULY 1, 2024]: Sec. 5. The Indiana clearinghouse for information on |
---|
| 116 | + | 5 missing children, missing veterans at risk, and missing endangered |
---|
| 117 | + | 6 adults is established within the department. |
---|
| 118 | + | 7 SECTION 7. IC 10-13-5-6, AS AMENDED BY P.L.43-2009, |
---|
| 119 | + | 8 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 120 | + | 9 JULY 1, 2024]: Sec. 6. (a) The superintendent shall designate staff |
---|
| 121 | + | 10 responsible for the operation of the clearinghouse. |
---|
| 122 | + | 11 (b) The staff's duties include the following: |
---|
| 123 | + | 12 (1) Creation and operation of an intrastate network of |
---|
| 124 | + | 13 communication designed for the speedy collection and processing |
---|
| 125 | + | 14 of information concerning missing children, missing veterans at |
---|
| 126 | + | 15 risk, and missing endangered adults. |
---|
| 127 | + | 16 (2) Creation and operation of a central data storage, retrieval, and |
---|
| 128 | + | 17 information distribution system designed for the exchange of |
---|
| 129 | + | 18 information on missing children, missing veterans at risk, and |
---|
| 130 | + | 19 missing endangered adults within and outside Indiana. The system |
---|
| 131 | + | 20 must be capable of interacting with: |
---|
| 132 | + | 21 (A) the Indiana data and communication system under |
---|
| 133 | + | 22 IC 10-13-3-35; and |
---|
| 134 | + | 23 (B) the National Crime Information Center. |
---|
| 135 | + | 24 (3) Development of appropriate forms for the reporting of missing |
---|
| 136 | + | 25 children, missing veterans at risk, and missing endangered |
---|
| 137 | + | 26 adults that may be used by law enforcement agencies and private |
---|
| 138 | + | 27 citizens to provide useful information about a missing child, a |
---|
| 139 | + | 28 missing veteran at risk, or a missing endangered adult to the |
---|
| 140 | + | 29 clearinghouse. |
---|
| 141 | + | 30 (4) Cooperation with the following agencies concerning the |
---|
| 142 | + | 31 location of missing children, missing veterans at risk, and |
---|
| 143 | + | 32 missing endangered adults: |
---|
| 144 | + | 33 (A) State and local public and private nonprofit agencies |
---|
| 145 | + | 34 involved with the location and recovery of missing persons. |
---|
| 146 | + | 35 (B) Agencies of the federal government. |
---|
| 147 | + | 36 (C) State and local law enforcement agencies within and |
---|
| 148 | + | 37 outside Indiana. |
---|
| 149 | + | 38 (5) Coordinating efforts to locate missing children, missing |
---|
| 150 | + | 39 veterans at risk, and missing endangered adults with the |
---|
| 151 | + | 40 agencies listed in subdivision (4). |
---|
| 152 | + | 41 (6) Operation of the toll free telephone line created under section |
---|
| 153 | + | 42 7(a) of this chapter. |
---|
| 154 | + | EH 1021—LS 6230/DI 119 4 |
---|
| 155 | + | 1 (7) Publishing and updating, on a quarterly basis, a directory of |
---|
| 156 | + | 2 missing children, missing veterans at risk, and missing |
---|
| 157 | + | 3 endangered adults. |
---|
| 158 | + | 4 (8) Compiling statistics on missing children, missing veterans at |
---|
| 159 | + | 5 risk, and missing endangered adult cases handled by the |
---|
| 160 | + | 6 clearinghouse, including the number of cases resolved each year. |
---|
| 161 | + | 7 SECTION 8. IC 10-13-5-7, AS AMENDED BY P.L.56-2023, |
---|
| 162 | + | 8 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 163 | + | 9 JULY 1, 2024]: Sec. 7. (a) The clearinghouse shall do the following: |
---|
| 164 | + | 10 (1) Collect, process, and maintain identification and investigative |
---|
| 165 | + | 11 information to aid in finding missing children, missing veterans |
---|
| 166 | + | 12 at risk, and missing endangered adults. |
---|
| 167 | + | 13 (2) Establish a statewide, toll free telephone line for the reporting: |
---|
| 168 | + | 14 (A) of missing children, missing veterans at risk, and missing |
---|
| 169 | + | 15 endangered adults; and |
---|
| 170 | + | 16 (B) of sightings of missing children, missing veterans at risk, |
---|
| 171 | + | 17 and missing endangered adults. |
---|
| 172 | + | 18 (3) Prescribe a uniform reporting form concerning missing |
---|
| 173 | + | 19 children, missing veterans at risk, and missing endangered |
---|
| 174 | + | 20 adults for use by law enforcement agencies within Indiana. |
---|
| 175 | + | 21 (4) Assist in training law enforcement and other professionals on |
---|
| 176 | + | 22 issues relating to missing children, missing veterans at risk, and |
---|
| 177 | + | 23 missing endangered adults. |
---|
| 178 | + | 24 (5) Operate a resource center of information regarding the |
---|
| 179 | + | 25 prevention of: |
---|
| 180 | + | 26 (A) the abduction of children; and |
---|
| 181 | + | 27 (B) the sexual exploitation of children. |
---|
| 182 | + | 28 (6) Distribute the quarterly directory prepared under section |
---|
| 183 | + | 29 6(b)(7) of this chapter to schools and hospitals. |
---|
| 184 | + | 30 (7) Distribute the quarterly directory described in subdivision (6) |
---|
| 185 | + | 31 to child care centers and child care homes that make an annual |
---|
| 186 | + | 32 contribution of four dollars ($4) to the clearinghouse. The |
---|
| 187 | + | 33 contributions must be used to help defray the cost of publishing |
---|
| 188 | + | 34 the quarterly directory. |
---|
| 189 | + | 35 (b) For a missing child who was born in Indiana, the clearinghouse |
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| 190 | + | 36 shall notify the vital statistics division of the Indiana department of |
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| 191 | + | 37 health: |
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| 192 | + | 38 (1) within fifteen (15) days after receiving a report under |
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| 193 | + | 39 IC 31-36-1-3 (or IC 31-6-13-4 before its repeal) of a missing child |
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| 194 | + | 40 less than thirteen (13) years of age; and |
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| 195 | + | 41 (2) promptly after the clearinghouse is notified that a missing |
---|
| 196 | + | 42 child has been found. |
---|
| 197 | + | EH 1021—LS 6230/DI 119 5 |
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| 198 | + | 1 (c) Upon receiving notification under subsection (b) that a child is |
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| 199 | + | 2 missing or has been found, the vital statistics division of the Indiana |
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| 200 | + | 3 department of health shall notify the local health department or the |
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| 201 | + | 4 health and hospital corporation that has jurisdiction over the area where |
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| 202 | + | 5 the child was born. |
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| 203 | + | 6 (d) Information collected, processed, or maintained by the |
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| 204 | + | 7 clearinghouse under subsection (a) is confidential and is not subject to |
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| 205 | + | 8 IC 5-14-3, but may be disclosed by the clearinghouse for purposes of |
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| 206 | + | 9 locating missing children, missing veterans at risk, and missing |
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| 207 | + | 10 endangered adults. |
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| 208 | + | 11 SECTION 9. IC 10-13-5-8, AS AMENDED BY P.L.115-2018, |
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| 209 | + | 12 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 210 | + | 13 JULY 1, 2024]: Sec. 8. (a) The clearinghouse shall operate an Amber |
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| 211 | + | 14 alert program, a green alert program, and the a silver alert program. |
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| 212 | + | 15 (b) Upon the establishment of an the Amber alert program, the |
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| 213 | + | 16 green alert program, and the silver alert program, the clearinghouse |
---|
| 214 | + | 17 may enter into an agreement with one (1) or more broadcasters to |
---|
| 215 | + | 18 operate the Amber alert program, the green alert program, and the |
---|
| 216 | + | 19 silver alert program under this chapter. |
---|
| 217 | + | 20 (c) The superintendent shall designate staff responsible for the |
---|
| 218 | + | 21 operation of the Amber alert program, the green alert program, and |
---|
| 219 | + | 22 the silver alert program. |
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| 220 | + | 23 (d) The department shall adopt guidelines governing the |
---|
| 221 | + | 24 clearinghouse's operation of the Amber alert program, the green alert |
---|
| 222 | + | 25 program, and the silver alert program. The department's guidelines |
---|
| 223 | + | 26 may require that staff, upon receiving a report that a child has been |
---|
| 224 | + | 27 abducted or an endangered child, veteran at risk, or endangered adult |
---|
| 225 | + | 28 is missing, immediately send electronically or by other means of |
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| 226 | + | 29 communication a description of the abducted child or missing |
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| 227 | + | 30 endangered child, missing veteran at risk, or missing endangered |
---|
| 228 | + | 31 adult to one (1) or more broadcasters participating in the Amber alert |
---|
| 229 | + | 32 program, the green alert program, or the silver alert program. The |
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| 230 | + | 33 guidelines must include criteria that the clearinghouse shall use in |
---|
| 231 | + | 34 determining whether to issue a silver alert or green alert and the |
---|
| 232 | + | 35 geographic area or region in which to issue the silver alert or green |
---|
| 233 | + | 36 alert. |
---|
| 234 | + | 37 (e) A broadcaster participating in the Amber alert program, the |
---|
| 235 | + | 38 green alert program, or the silver alert program shall immediately |
---|
| 236 | + | 39 broadcast: |
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| 237 | + | 40 (1) a description of the abducted child, missing endangered child, |
---|
| 238 | + | 41 missing veteran at risk, or missing endangered adult; and |
---|
| 239 | + | 42 (2) other information that will assist in locating the abducted |
---|
| 240 | + | EH 1021—LS 6230/DI 119 6 |
---|
| 241 | + | 1 child, missing endangered child, missing veteran at risk, or |
---|
| 242 | + | 2 missing endangered adult; |
---|
| 243 | + | 3 to the general public in accordance with the Amber alert plan |
---|
| 244 | + | 4 agreement, green alert plan agreement, or the silver alert plan |
---|
| 245 | + | 5 agreement between the clearinghouse and the broadcaster. |
---|
| 246 | + | 6 (f) The department shall adopt guidelines governing the voluntary |
---|
| 247 | + | 7 Amber alert program agreement, and the voluntary green alert |
---|
| 248 | + | 8 program agreement, or voluntary silver alert program agreement |
---|
| 249 | + | 9 between the clearinghouse and a broadcaster. The voluntary |
---|
| 250 | + | 10 agreements between the clearinghouse and the broadcaster may include |
---|
| 251 | + | 11 the following provisions: |
---|
| 252 | + | 12 (1) Upon receiving a notification as part of the Amber alert |
---|
| 253 | + | 13 program, green alert program, or the silver alert program, the |
---|
| 254 | + | 14 broadcaster shall broadcast the information contained on the |
---|
| 255 | + | 15 notice on an intermittent basis for a period of time as provided in |
---|
| 256 | + | 16 the agreements between the clearinghouse and the broadcaster. |
---|
| 257 | + | 17 (2) The broadcaster shall treat the Amber alert notification, green |
---|
| 258 | + | 18 alert notification, or the silver alert notification as an emergency. |
---|
| 259 | + | 19 (3) The broadcaster shall ensure that the form of communication |
---|
| 260 | + | 20 used to receive an Amber alert notification, a green alert |
---|
| 261 | + | 21 notification, or a silver alert notification is: |
---|
| 262 | + | 22 (A) generally available to receive an Amber alert notification, |
---|
| 263 | + | 23 a green alert notification, or a silver alert notification; and |
---|
| 264 | + | 24 (B) located such that the broadcaster will immediately become |
---|
| 265 | + | 25 aware of an incoming Amber alert notification, green alert |
---|
| 266 | + | 26 notification, or silver alert notification. |
---|
| 267 | + | 27 SECTION 10. IC 10-13-5-8.1, AS AMENDED BY P.L.115-2018, |
---|
| 268 | + | 28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 269 | + | 29 JULY 1, 2024]: Sec. 8.1. (a) In addition to an agreement with a |
---|
| 270 | + | 30 broadcaster under section 8 of this chapter, the clearinghouse may enter |
---|
| 271 | + | 31 into an agreement with one (1) or more electronic billboard operators |
---|
| 272 | + | 32 to display Amber alerts, green alerts, or silver alerts under this section. |
---|
| 273 | + | 33 An agreement under this section may include a limitation on the days |
---|
| 274 | + | 34 and times that the electronic billboard operator is required to have staff |
---|
| 275 | + | 35 present to receive an Amber alert, a green alert, or a silver alert |
---|
| 276 | + | 36 notification. |
---|
| 277 | + | 37 (b) The department's guidelines adopted under section 8 of this |
---|
| 278 | + | 38 chapter may require staff, upon receiving a report that a child has been |
---|
| 279 | + | 39 abducted, an endangered child is missing, a veteran at risk is missing, |
---|
| 280 | + | 40 or an endangered adult is missing, to immediately send electronically |
---|
| 281 | + | 41 or by other means of communication a description of the abducted |
---|
| 282 | + | 42 child, missing endangered child, missing veteran at risk, or missing |
---|
| 283 | + | EH 1021—LS 6230/DI 119 7 |
---|
| 284 | + | 1 endangered adult to one (1) or more electronic billboard operators |
---|
| 285 | + | 2 participating in the Amber alert program, green alert program, or |
---|
| 286 | + | 3 silver alert program if the Amber alert, green alert, or silver alert |
---|
| 287 | + | 4 occurs during a period when the electronic billboard operator has |
---|
| 288 | + | 5 agreed to have staff present to receive an Amber alert notification, a |
---|
| 289 | + | 6 green alert notification, or a silver alert notification. |
---|
| 290 | + | 7 (c) An electronic billboard operator participating in the Amber alert |
---|
| 291 | + | 8 program, green alert program, or silver alert program shall |
---|
| 292 | + | 9 immediately display: |
---|
| 293 | + | 10 (1) a description of the abducted child, missing endangered child, |
---|
| 294 | + | 11 missing veteran at risk, or missing endangered adult; and |
---|
| 295 | + | 12 (2) other information that will assist in locating the abducted |
---|
| 296 | + | 13 child, missing endangered child, missing veteran at risk, or |
---|
| 297 | + | 14 missing endangered adult; |
---|
| 298 | + | 15 to the general public in accordance with the Amber alert plan |
---|
| 299 | + | 16 agreement, green alert plan agreement, or silver alert plan agreement |
---|
| 300 | + | 17 between the clearinghouse and the electronic billboard operator. |
---|
| 301 | + | 18 (d) The department shall adopt guidelines governing the voluntary |
---|
| 302 | + | 19 Amber alert program and the agreement, voluntary green alert |
---|
| 303 | + | 20 program agreement, or voluntary silver alert program agreements |
---|
| 304 | + | 21 agreement between the clearinghouse and an electronic billboard |
---|
| 305 | + | 22 operator. The voluntary agreements between the clearinghouse and the |
---|
| 306 | + | 23 electronic billboard operator may include the following provisions: |
---|
| 307 | + | 24 (1) Upon receiving a notification as part of the Amber alert |
---|
| 308 | + | 25 program, the green alert program, or the silver alert program, |
---|
| 309 | + | 26 the electronic billboard operator shall display the information |
---|
| 310 | + | 27 contained in the notice on an intermittent basis for a period of |
---|
| 311 | + | 28 time as provided in the agreements between the clearinghouse and |
---|
| 312 | + | 29 the electronic billboard operator. |
---|
| 313 | + | 30 (2) The electronic billboard operator shall treat the Amber alert |
---|
| 314 | + | 31 notification, the green alert notification, or the silver alert |
---|
| 315 | + | 32 notification as an emergency. |
---|
| 316 | + | 33 (3) The electronic billboard operator shall ensure that the form of |
---|
| 317 | + | 34 communication used to receive an Amber alert notification, a |
---|
| 318 | + | 35 green alert notification, or a silver alert notification is: |
---|
| 319 | + | 36 (A) generally available to receive an Amber alert notification, |
---|
| 320 | + | 37 a green alert notification, or a silver alert notification; and |
---|
| 321 | + | 38 (B) located such that the electronic billboard operator will |
---|
| 322 | + | 39 immediately become aware of an incoming Amber alert |
---|
| 323 | + | 40 notification, a green alert notification, or a silver alert |
---|
| 324 | + | 41 notification received during days and times when staff is |
---|
| 325 | + | 42 present to receive an Amber alert notification, a green alert |
---|
| 326 | + | EH 1021—LS 6230/DI 119 8 |
---|
| 327 | + | 1 notification, or a silver alert notification. |
---|
| 328 | + | 2 SECTION 11. IC 10-13-5-8.5, AS AMENDED BY P.L.115-2018, |
---|
| 329 | + | 3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 330 | + | 4 JULY 1, 2024]: Sec. 8.5. (a) A broadcaster or electronic billboard |
---|
| 331 | + | 5 operator that has agreed to participate in the Amber alert program, |
---|
| 332 | + | 6 green alert program, or silver alert program and that: |
---|
| 333 | + | 7 (1) receives an Amber alert notification, a green alert |
---|
| 334 | + | 8 notification, or a silver alert notification from the department; |
---|
| 335 | + | 9 and |
---|
| 336 | + | 10 (2) broadcasts or displays: |
---|
| 337 | + | 11 (A) a description of the abducted child, missing endangered |
---|
| 338 | + | 12 child, missing veteran at risk, or missing endangered adult |
---|
| 339 | + | 13 contained in the notification; and |
---|
| 340 | + | 14 (B) other information contained in the notification that will |
---|
| 341 | + | 15 assist in locating the child, missing veteran at risk, or |
---|
| 342 | + | 16 missing endangered adult; |
---|
| 343 | + | 17 is immune from civil liability based on the broadcast or display of the |
---|
| 344 | + | 18 information received from the department. |
---|
| 345 | + | 19 (b) If: |
---|
| 346 | + | 20 (1) a person enters into an agreement with the department to |
---|
| 347 | + | 21 establish or maintain an Amber alert web site website, a green |
---|
| 348 | + | 22 alert website, or a silver alert web site; website; and |
---|
| 349 | + | 23 (2) the agreement provides that only the department has the |
---|
| 350 | + | 24 ability to place information on the web site; website; |
---|
| 351 | + | 25 the person is immune from civil liability for the information placed on |
---|
| 352 | + | 26 the web site website by the department. However, this subsection does |
---|
| 353 | + | 27 not affect the applicability of IC 34-13-3 to the department. |
---|
| 354 | + | 28 SECTION 12. IC 12-7-2-197.3 IS ADDED TO THE INDIANA |
---|
| 355 | + | 29 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 356 | + | 30 [EFFECTIVE JULY 1, 2024]: Sec. 197.3. "Veteran at risk" means |
---|
| 357 | + | 31 a veteran or active duty member of the armed forces of the United |
---|
| 358 | + | 32 States, the national guard, or a reserve component of the armed |
---|
| 359 | + | 33 forces of the United States who is known, based on information |
---|
| 360 | + | 34 provided by a person making a report under IC 12-10-18-1, to have |
---|
| 361 | + | 35 a physical or mental health condition that is related to the |
---|
| 362 | + | 36 veteran's military service. |
---|
| 363 | + | 37 SECTION 13. IC 12-7-2-197.4 IS ADDED TO THE INDIANA |
---|
| 364 | + | 38 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 365 | + | 39 [EFFECTIVE JULY 1, 2024]: Sec. 197.4. "Veteran at risk alert" |
---|
| 366 | + | 40 means an alert indicating that law enforcement officials are |
---|
| 367 | + | 41 searching for a missing veteran at risk. |
---|
| 368 | + | 42 SECTION 14. IC 12-10-18-0.5, AS ADDED BY P.L.92-2007, |
---|
| 369 | + | EH 1021—LS 6230/DI 119 9 |
---|
| 370 | + | 1 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 371 | + | 2 JULY 1, 2024]: Sec. 0.5. (a) A missing endangered adult is a high risk |
---|
| 372 | + | 3 missing person under IC 5-2-17. A law enforcement agency receiving |
---|
| 373 | + | 4 a report of a missing endangered adult shall follow the procedures in |
---|
| 374 | + | 5 IC 5-2-17 in addition to the procedures described in this chapter. |
---|
| 375 | + | 6 (b) A missing veteran at risk is a high risk missing person under |
---|
| 376 | + | 7 IC 5-2-17. A law enforcement agency receiving a report of a |
---|
| 377 | + | 8 missing veteran at risk shall follow the procedures in IC 5-2-17 in |
---|
| 378 | + | 9 addition to the procedures described in this chapter. |
---|
| 379 | + | 10 SECTION 15. IC 12-10-18-1, AS AMENDED BY P.L.50-2021, |
---|
| 380 | + | 11 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 381 | + | 12 JULY 1, 2024]: Sec. 1. (a) A law enforcement agency that receives a |
---|
| 382 | + | 13 notification concerning a missing endangered adult or missing veteran |
---|
| 383 | + | 14 at risk from: |
---|
| 384 | + | 15 (1) the missing endangered adult's or missing veteran at risk's: |
---|
| 385 | + | 16 (A) guardian; |
---|
| 386 | + | 17 (B) custodian; or |
---|
| 387 | + | 18 (C) guardian ad litem; or |
---|
| 388 | + | 19 (2) an individual who: |
---|
| 389 | + | 20 (A) provides the missing endangered adult or missing veteran |
---|
| 390 | + | 21 at risk with home health aid services; |
---|
| 391 | + | 22 (B) possesses a health care power of attorney that was |
---|
| 392 | + | 23 executed under IC 30-5-5-16 for the missing endangered adult |
---|
| 393 | + | 24 or missing veteran at risk; or |
---|
| 394 | + | 25 (C) has evidence that the missing endangered adult or missing |
---|
| 395 | + | 26 veteran at risk has a condition that may prevent the missing |
---|
| 396 | + | 27 endangered adult or missing veteran at risk from returning |
---|
| 397 | + | 28 home without assistance; |
---|
| 398 | + | 29 shall prepare an investigative report on the missing endangered adult |
---|
| 399 | + | 30 or missing veteran at risk if, based on the notification, the law |
---|
| 400 | + | 31 enforcement agency has reason to believe that an endangered adult or |
---|
| 401 | + | 32 veteran at risk is missing. |
---|
| 402 | + | 33 (b) The investigative report described in subsection (a) may include |
---|
| 403 | + | 34 the following: |
---|
| 404 | + | 35 (1) Relevant information obtained from the notification |
---|
| 405 | + | 36 concerning the missing endangered adult or missing veteran at |
---|
| 406 | + | 37 risk, including the following: |
---|
| 407 | + | 38 (A) A physical description of the missing endangered adult or |
---|
| 408 | + | 39 missing veteran at risk. |
---|
| 409 | + | 40 (B) The date, time, and place that the missing endangered |
---|
| 410 | + | 41 adult or missing veteran at risk was last seen. |
---|
| 411 | + | 42 (C) The missing endangered adult's or missing veteran at |
---|
| 412 | + | EH 1021—LS 6230/DI 119 10 |
---|
| 413 | + | 1 risk's address. |
---|
| 414 | + | 2 (2) Information gathered by a preliminary investigation, if one |
---|
| 415 | + | 3 was made. |
---|
| 416 | + | 4 (3) A statement by the law enforcement officer in charge setting |
---|
| 417 | + | 5 forth that officer's assessment of the case based upon the evidence |
---|
| 418 | + | 6 and information received. |
---|
| 419 | + | 7 SECTION 16. IC 12-10-18-2, AS ADDED BY P.L.140-2005, |
---|
| 420 | + | 8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 421 | + | 9 JULY 1, 2024]: Sec. 2. The law enforcement agency shall prepare the |
---|
| 422 | + | 10 investigative report described by section 1 of this chapter as soon as |
---|
| 423 | + | 11 practicable, and if possible not later than five (5) hours after the law |
---|
| 424 | + | 12 enforcement agency receives notification of a missing endangered adult |
---|
| 425 | + | 13 or missing veteran at risk. |
---|
| 426 | + | 14 SECTION 17. IC 12-10-18-3, AS AMENDED BY P.L.43-2009, |
---|
| 427 | + | 15 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 428 | + | 16 JULY 1, 2024]: Sec. 3. (a) Upon completion of the report described by |
---|
| 429 | + | 17 section 1 of this chapter, if the law enforcement agency has reason to |
---|
| 430 | + | 18 believe that public notification may assist in locating the missing |
---|
| 431 | + | 19 endangered adult or missing veteran at risk, the law enforcement |
---|
| 432 | + | 20 agency may immediately forward the contents of the report to: |
---|
| 433 | + | 21 (1) all law enforcement agencies that have jurisdiction in the |
---|
| 434 | + | 22 location where the missing endangered adult or missing veteran |
---|
| 435 | + | 23 at risk lives and all law enforcement agencies that have |
---|
| 436 | + | 24 jurisdiction in the location where the missing endangered adult or |
---|
| 437 | + | 25 missing veteran at risk was last seen; |
---|
| 438 | + | 26 (2) all law enforcement agencies to which the person who made |
---|
| 439 | + | 27 the notification concerning the missing endangered adult or |
---|
| 440 | + | 28 missing veteran at risk requests the report be sent, if the law |
---|
| 441 | + | 29 enforcement agency determines that the request is reasonable in |
---|
| 442 | + | 30 light of the information received; |
---|
| 443 | + | 31 (3) all law enforcement agencies that request a copy of the report; |
---|
| 444 | + | 32 (4) one (1) or more broadcasters that broadcast in an area where |
---|
| 445 | + | 33 the missing endangered adult or missing veteran at risk may be |
---|
| 446 | + | 34 located; |
---|
| 447 | + | 35 (5) the Indiana data and communication system (IDACS); |
---|
| 448 | + | 36 (6) the National Crime Information Center's Missing Person File, |
---|
| 449 | + | 37 if appropriate; and |
---|
| 450 | + | 38 (7) the Indiana clearinghouse for information on missing children, |
---|
| 451 | + | 39 missing veterans at risk, and missing endangered adults, |
---|
| 452 | + | 40 established by IC 10-13-5-5, to disseminate information |
---|
| 453 | + | 41 concerning the: |
---|
| 454 | + | 42 (A) missing endangered adult to be broadcast as part of the |
---|
| 455 | + | EH 1021—LS 6230/DI 119 11 |
---|
| 456 | + | 1 silver alert program; or |
---|
| 457 | + | 2 (B) missing veteran at risk to be broadcast as part of the |
---|
| 458 | + | 3 green alert program. |
---|
| 459 | + | 4 (b) Upon completion of the report described by section 1 of this |
---|
| 460 | + | 5 chapter, a law enforcement agency may forward a copy of the contents |
---|
| 461 | + | 6 of the report to one (1) or more newspapers distributed in an area |
---|
| 462 | + | 7 where the missing endangered adult or missing veteran at risk may |
---|
| 463 | + | 8 be located. |
---|
| 464 | + | 9 (c) After forwarding the contents of the report to a broadcaster or |
---|
| 465 | + | 10 newspaper under this section, the law enforcement agency may request |
---|
| 466 | + | 11 that the broadcaster or newspaper: |
---|
| 467 | + | 12 (1) notify the public that there is an endangered adult medical |
---|
| 468 | + | 13 alert or a missing veteran at risk alert; and |
---|
| 469 | + | 14 (2) broadcast or publish: |
---|
| 470 | + | 15 (A) a description of the missing endangered adult or missing |
---|
| 471 | + | 16 veteran at risk; and |
---|
| 472 | + | 17 (B) any other relevant information that would assist in locating |
---|
| 473 | + | 18 the missing endangered adult or missing veteran at risk. |
---|
| 474 | + | 19 (d) A broadcaster or newspaper that receives a request concerning |
---|
| 475 | + | 20 a missing endangered adult or missing veteran at risk under |
---|
| 476 | + | 21 subsection (c) may, at the discretion of the broadcaster or newspaper: |
---|
| 477 | + | 22 (1) notify the public that there is an endangered adult medical |
---|
| 478 | + | 23 alert or a missing veteran at risk alert; and |
---|
| 479 | + | 24 (2) broadcast or publish: |
---|
| 480 | + | 25 (A) a description of the missing endangered adult or missing |
---|
| 481 | + | 26 veteran at risk; and |
---|
| 482 | + | 27 (B) any other relevant information that would assist in locating |
---|
| 483 | + | 28 the missing endangered adult or missing veteran at risk. |
---|
| 484 | + | 29 SECTION 18. IC 12-10-18-4, AS ADDED BY P.L.140-2005, |
---|
| 485 | + | 30 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 486 | + | 31 JULY 1, 2024]: Sec. 4. A law enforcement agency may begin an |
---|
| 487 | + | 32 investigation concerning a missing endangered adult or missing |
---|
| 488 | + | 33 veteran at risk as soon as possible after receiving notification of the |
---|
| 489 | + | 34 missing endangered adult or missing veteran at risk. |
---|
| 490 | + | 35 SECTION 19. IC 12-10-18-5, AS ADDED BY P.L.140-2005, |
---|
| 491 | + | 36 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 492 | + | 37 JULY 1, 2024]: Sec. 5. An individual described in section 1(a)(1) or |
---|
| 493 | + | 38 1(a)(2) of this chapter who notifies a law enforcement agency |
---|
| 494 | + | 39 concerning a missing endangered adult or missing veteran at risk |
---|
| 495 | + | 40 shall notify the law enforcement agency when the missing endangered |
---|
| 496 | + | 41 adult or missing veteran at risk is found. |
---|
| 497 | + | 42 SECTION 20. IC 12-10-18-6, AS ADDED BY P.L.140-2005, |
---|
| 498 | + | EH 1021—LS 6230/DI 119 12 |
---|
| 499 | + | 1 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 500 | + | 2 JULY 1, 2024]: Sec. 6. (a) A broadcaster or newspaper that receives a |
---|
| 501 | + | 3 report of a missing endangered adult or missing veteran at risk from |
---|
| 502 | + | 4 a law enforcement agency under section 3 of this chapter is immune |
---|
| 503 | + | 5 from civil liability for an act or omission related to: |
---|
| 504 | + | 6 (1) the broadcast or publication of information contained in the |
---|
| 505 | + | 7 report, including: |
---|
| 506 | + | 8 (A) a description of the missing endangered adult or missing |
---|
| 507 | + | 9 veteran at risk; and |
---|
| 508 | + | 10 (B) any other relevant information that would assist in locating |
---|
| 509 | + | 11 the missing endangered adult or missing veteran at risk; or |
---|
| 510 | + | 12 (2) the decision of the broadcaster or newspaper not to broadcast |
---|
| 511 | + | 13 or publish information contained in the report. |
---|
| 512 | + | 14 (b) The civil immunity described in subsection (a) does not apply to |
---|
| 513 | + | 15 an act or omission that constitutes gross negligence or willful, wanton, |
---|
| 514 | + | 16 or intentional misconduct. |
---|
| 515 | + | 17 SECTION 21. IC 12-17.2-2-1.5, AS AMENDED BY P.L.43-2009, |
---|
| 516 | + | 18 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 517 | + | 19 JULY 1, 2024]: Sec. 1.5. (a) The division shall require all child care |
---|
| 518 | + | 20 centers or child care homes to submit a report containing the names |
---|
| 519 | + | 21 and birth dates of all children who are enrolled in the child care center |
---|
| 520 | + | 22 or child care home within three (3) months from the date the child care |
---|
| 521 | + | 23 center or child care home accepts its first child, upon receiving the |
---|
| 522 | + | 24 consent of the child's parent, guardian, or custodian as required under |
---|
| 523 | + | 25 subsection (b). The division shall require all child care centers and |
---|
| 524 | + | 26 child care homes that receive written consent as described under |
---|
| 525 | + | 27 subsection (b) to submit a monthly report of the name and birth date of |
---|
| 526 | + | 28 each additional child who has been enrolled in or withdrawn from the |
---|
| 527 | + | 29 child care center or child care home during the preceding thirty (30) |
---|
| 528 | + | 30 days. |
---|
| 529 | + | 31 (b) The division shall require all child care centers or child care |
---|
| 530 | + | 32 homes to request whether the child's parent, guardian, or custodian |
---|
| 531 | + | 33 desires the center or home to include the child's name and birth date in |
---|
| 532 | + | 34 the reports described under subsection (a) before enrolling the child in |
---|
| 533 | + | 35 the center or home. No child's name or birth date may be included on |
---|
| 534 | + | 36 the report required under subsection (a) without the signed consent of |
---|
| 535 | + | 37 the child's parent, guardian, or custodian. The consent form must be in |
---|
| 536 | + | 38 the following form: |
---|
| 537 | + | 39 "I give my permission for _____________________ (name of day |
---|
| 538 | + | 40 care center or home) to report the name and birth date of my child |
---|
| 539 | + | 41 or children to the division of family resources pursuant to |
---|
| 540 | + | 42 IC 12-17.2-2-1.5. |
---|
| 541 | + | EH 1021—LS 6230/DI 119 13 |
---|
| 542 | + | 1 Name of child ____________________________________ |
---|
| 543 | + | 2 Birth date _______________________________________ |
---|
| 544 | + | 3 Signature of parent, guardian, or custodian |
---|
| 545 | + | 4 _______________________________________________ |
---|
| 546 | + | 5 Date ____________________________________________". |
---|
| 547 | + | 6 (c) The division shall submit a monthly report of the information |
---|
| 548 | + | 7 provided under subsection (a) to the Indiana clearinghouse for |
---|
| 549 | + | 8 information on missing children, missing veterans at risk, and missing |
---|
| 550 | + | 9 endangered adults established under IC 10-13-5. |
---|
| 551 | + | 10 (d) The division shall require that a person who transports children |
---|
| 552 | + | 11 who are in the care of the child care center on a public highway (as |
---|
| 553 | + | 12 defined in IC 9-25-2-4) within or outside Indiana in a vehicle designed |
---|
| 554 | + | 13 and constructed for the accommodation of more than ten (10) |
---|
| 555 | + | 14 passengers must comply with the same requirements set forth in |
---|
| 556 | + | 15 IC 20-27-9-12 for a public elementary or secondary school or a |
---|
| 557 | + | 16 preschool operated by a school corporation. |
---|
| 558 | + | 17 SECTION 22. IC 12-17.2-4-18.5, AS AMENDED BY P.L.43-2009, |
---|
| 559 | + | 18 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 560 | + | 19 JULY 1, 2024]: Sec. 18.5. (a) Upon receiving a report under |
---|
| 561 | + | 20 IC 31-36-1-4, a child care center shall thoroughly inspect the report. If |
---|
| 562 | + | 21 the child care center finds that a child on the report required under |
---|
| 563 | + | 22 IC 31-36-1-4 is enrolled at the child care center, the child care center |
---|
| 564 | + | 23 shall immediately notify the Indiana clearinghouse for information on |
---|
| 565 | + | 24 missing children, missing veterans at risk, and missing endangered |
---|
| 566 | + | 25 adults. |
---|
| 567 | + | 26 (b) Upon receiving a report under IC 31-36-1-4, a child care center |
---|
| 568 | + | 27 shall attach a notice to the child's enrollment records stating that the |
---|
| 569 | + | 28 child has been reported missing. The child care center shall remove the |
---|
| 570 | + | 29 notice when the center is notified under IC 31-36-2-6 that the child has |
---|
| 571 | + | 30 been found. |
---|
| 572 | + | 31 (c) If a request for the enrollment records of a missing child is |
---|
| 573 | + | 32 received, the child care center shall: |
---|
| 574 | + | 33 (1) obtain: |
---|
| 575 | + | 34 (A) the name, address, and telephone number of the person |
---|
| 576 | + | 35 making the request; and |
---|
| 577 | + | 36 (B) the reason that the person is requesting the school records; |
---|
| 578 | + | 37 and |
---|
| 579 | + | 38 (2) immediately notify the Indiana clearinghouse for information |
---|
| 580 | + | 39 on missing children, missing veterans at risk, and missing |
---|
| 581 | + | 40 endangered adults. |
---|
| 582 | + | 41 (d) The child care center may not issue a copy of the enrollment |
---|
| 583 | + | 42 records of a child reported missing without authorization from the |
---|
| 584 | + | EH 1021—LS 6230/DI 119 14 |
---|
| 585 | + | 1 Indiana clearinghouse for information on missing children, missing |
---|
| 586 | + | 2 veterans at risk, and missing endangered adults and may not inform |
---|
| 587 | + | 3 the person making the request that a notice that the child has been |
---|
| 588 | + | 4 reported missing has been attached to the child's records. |
---|
| 589 | + | 5 SECTION 23. IC 12-17.2-5-18.6, AS AMENDED BY P.L.43-2009, |
---|
| 590 | + | 6 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 591 | + | 7 JULY 1, 2024]: Sec. 18.6. (a) Upon receiving a report under |
---|
| 592 | + | 8 IC 31-36-1-4, a child care home shall thoroughly inspect the report. If |
---|
| 593 | + | 9 the child care home finds that a child on the report required under |
---|
| 594 | + | 10 IC 31-36-1-4 is enrolled at the child care home, the child care home |
---|
| 595 | + | 11 shall immediately notify the Indiana clearinghouse for information on |
---|
| 596 | + | 12 missing children, missing veterans at risk, and missing endangered |
---|
| 597 | + | 13 adults. |
---|
| 598 | + | 14 (b) Upon receiving a report under IC 31-36-1-4, a child care home |
---|
| 599 | + | 15 shall attach a notice to the child's enrollment records stating that the |
---|
| 600 | + | 16 child has been reported missing. The child care home shall remove the |
---|
| 601 | + | 17 notice when the center is notified under IC 31-36-2-6 that the child has |
---|
| 602 | + | 18 been found. |
---|
| 603 | + | 19 (c) If a request for the enrollment records of a missing child is |
---|
| 604 | + | 20 received, the child care home shall: |
---|
| 605 | + | 21 (1) obtain: |
---|
| 606 | + | 22 (A) the name, address, and telephone number of the person |
---|
| 607 | + | 23 making the request; and |
---|
| 608 | + | 24 (B) the reason that the person is requesting the school records; |
---|
| 609 | + | 25 and |
---|
| 610 | + | 26 (2) immediately notify the Indiana clearinghouse for information |
---|
| 611 | + | 27 on missing children, missing veterans at risk, and missing |
---|
| 612 | + | 28 endangered adults. |
---|
| 613 | + | 29 (d) The child care home may not issue a copy of the enrollment |
---|
| 614 | + | 30 records of a child reported missing without authorization from the |
---|
| 615 | + | 31 Indiana clearinghouse for information on missing children, missing |
---|
| 616 | + | 32 veterans at risk, and missing endangered adults and may not inform |
---|
| 617 | + | 33 the person making the request that a notice that the child has been |
---|
| 618 | + | 34 reported missing has been attached to the child's records. |
---|
| 619 | + | 35 SECTION 24. IC 16-37-1-8, AS AMENDED BY P.L.147-2023, |
---|
| 620 | + | 36 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 621 | + | 37 JULY 1, 2024]: Sec. 8. (a) Except as provided in subsection (d), a local |
---|
| 622 | + | 38 health officer shall provide a certification of birth, death, or stillbirth |
---|
| 623 | + | 39 registration upon request by any person only if: |
---|
| 624 | + | 40 (1) the health officer is satisfied that the applicant has a direct |
---|
| 625 | + | 41 interest in the matter; |
---|
| 626 | + | 42 (2) the health officer determines that the certificate is necessary |
---|
| 627 | + | EH 1021—LS 6230/DI 119 15 |
---|
| 628 | + | 1 for the determination of personal or property rights or for |
---|
| 629 | + | 2 compliance with state or federal law; and |
---|
| 630 | + | 3 (3) the applicant for a birth certificate presents at least one (1) |
---|
| 631 | + | 4 form of identification. |
---|
| 632 | + | 5 However, the local health officer must issue a certificate of an |
---|
| 633 | + | 6 applicant's own birth registration. |
---|
| 634 | + | 7 (b) A local health officer's decision whether or not to issue a |
---|
| 635 | + | 8 certified copy of a birth certificate is subject to review by a court. |
---|
| 636 | + | 9 (c) A local health officer may issue a certification of birth, death, or |
---|
| 637 | + | 10 stillbirth from the electronic registration systems in section 3.1 of this |
---|
| 638 | + | 11 chapter, regardless of the location of the filing of the record. |
---|
| 639 | + | 12 (d) A local health officer may not issue a copy of a birth certificate |
---|
| 640 | + | 13 of a missing child to which a notice has been attached under |
---|
| 641 | + | 14 IC 10-13-5-11 without the authorization of the Indiana clearinghouse |
---|
| 642 | + | 15 for information on missing children, missing veterans at risk, and |
---|
| 643 | + | 16 missing endangered adults. |
---|
| 644 | + | 17 (e) Upon determination that a person may be provided a certification |
---|
| 645 | + | 18 of death under subsection (a), the local health officer shall provide to |
---|
| 646 | + | 19 the person a certification of death that excludes information concerning |
---|
| 647 | + | 20 the cause of death if the person requests the exclusion of this |
---|
| 648 | + | 21 information. |
---|
| 649 | + | 22 SECTION 25. IC 20-26-13-10, AS AMENDED BY P.L.246-2023, |
---|
| 650 | + | 23 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 651 | + | 24 JULY 1, 2024]: Sec. 10. (a) Except as provided in section 11 of this |
---|
| 652 | + | 25 chapter and subject to IC 20-31-8-4.6 and IC 20-32-4-14, the four (4) |
---|
| 653 | + | 26 year graduation rate for a cohort in a high school is the percentage |
---|
| 654 | + | 27 determined under STEP FIVE of the following formula: |
---|
| 655 | + | 28 STEP ONE: Determine the grade 9 enrollment at the beginning of |
---|
| 656 | + | 29 the reporting year three (3) years before the reporting year for |
---|
| 657 | + | 30 which the graduation rate is being determined. |
---|
| 658 | + | 31 STEP TWO: Add: |
---|
| 659 | + | 32 (A) the number determined under STEP ONE; and |
---|
| 660 | + | 33 (B) the number of students who: |
---|
| 661 | + | 34 (i) have enrolled in the high school after the date on which |
---|
| 662 | + | 35 the number determined under STEP ONE was determined; |
---|
| 663 | + | 36 and |
---|
| 664 | + | 37 (ii) have the same expected graduation year as the cohort. |
---|
| 665 | + | 38 STEP THREE: Subtract from the sum determined under STEP |
---|
| 666 | + | 39 TWO the number of students who have left the cohort for any of |
---|
| 667 | + | 40 the following reasons: |
---|
| 668 | + | 41 (A) Transfer to another public or nonpublic school. |
---|
| 669 | + | 42 (B) Except as provided in IC 20-33-2-28.6 and subsection (b), |
---|
| 670 | + | EH 1021—LS 6230/DI 119 16 |
---|
| 671 | + | 1 removal by the student's parents under IC 20-33-2-28 to |
---|
| 672 | + | 2 provide instruction equivalent to that given in the public |
---|
| 673 | + | 3 schools. |
---|
| 674 | + | 4 (C) Withdrawal because of a long term medical condition or |
---|
| 675 | + | 5 death. |
---|
| 676 | + | 6 (D) Detention by a law enforcement agency or the department |
---|
| 677 | + | 7 of correction. |
---|
| 678 | + | 8 (E) Placement by a court order or the department of child |
---|
| 679 | + | 9 services. |
---|
| 680 | + | 10 (F) Enrollment in a virtual school. |
---|
| 681 | + | 11 (G) Leaving school, if the student attended school in Indiana |
---|
| 682 | + | 12 for less than one (1) school year and the location of the student |
---|
| 683 | + | 13 cannot be determined. |
---|
| 684 | + | 14 (H) Leaving school, if the location of the student cannot be |
---|
| 685 | + | 15 determined and the student has been reported to the Indiana |
---|
| 686 | + | 16 clearinghouse for information on missing children, missing |
---|
| 687 | + | 17 veterans at risk, and missing endangered adults. |
---|
| 688 | + | 18 (I) Withdrawing from school before graduation, if the student |
---|
| 689 | + | 19 is a high ability student (as defined in IC 20-36-1-3) who is a |
---|
| 690 | + | 20 full-time student at an accredited institution of higher |
---|
| 691 | + | 21 education during the semester in which the cohort graduates. |
---|
| 692 | + | 22 (J) Withdrawing from school before graduation pursuant to |
---|
| 693 | + | 23 providing notice of withdrawal under section 17 of this |
---|
| 694 | + | 24 chapter. |
---|
| 695 | + | 25 (K) Participating in the high school equivalency pilot program |
---|
| 696 | + | 26 under IC 20-30-8.5, unless the student fails to successfully |
---|
| 697 | + | 27 complete the high school equivalency pilot program in the two |
---|
| 698 | + | 28 (2) year period. This clause expires June 30, 2024. |
---|
| 699 | + | 29 STEP FOUR: Determine the result of: |
---|
| 700 | + | 30 (A) the total number of students determined under STEP TWO |
---|
| 701 | + | 31 who have graduated during the current reporting year or a |
---|
| 702 | + | 32 previous reporting year; minus |
---|
| 703 | + | 33 (B) the amount by which the number of students who |
---|
| 704 | + | 34 graduated through a waiver process required under IC 20-32-3 |
---|
| 705 | + | 35 through IC 20-32-5.1 exceeds: |
---|
| 706 | + | 36 (i) nine percent (9%) of the total number of students |
---|
| 707 | + | 37 determined under clause (A) for the 2023-2024 school year; |
---|
| 708 | + | 38 (ii) six percent (6%) of the total number of students |
---|
| 709 | + | 39 determined under clause (A) for the 2024-2025 school year; |
---|
| 710 | + | 40 or |
---|
| 711 | + | 41 (iii) three percent (3%) of the total number of students |
---|
| 712 | + | 42 determined under clause (A) for each school year after June |
---|
| 713 | + | EH 1021—LS 6230/DI 119 17 |
---|
| 714 | + | 1 30, 2025. |
---|
| 715 | + | 2 STEP FIVE: Divide: |
---|
| 716 | + | 3 (A) the number determined under STEP FOUR; by |
---|
| 717 | + | 4 (B) the remainder determined under STEP THREE. |
---|
| 718 | + | 5 (b) This subsection applies to a high school in which: |
---|
| 719 | + | 6 (1) for a: |
---|
| 720 | + | 7 (A) cohort of one hundred (100) students or less, at least ten |
---|
| 721 | + | 8 percent (10%) of the students left a particular cohort for a |
---|
| 722 | + | 9 reason described in subsection (a) STEP THREE clause (B); |
---|
| 723 | + | 10 or |
---|
| 724 | + | 11 (B) cohort of more than one hundred (100) students, at least |
---|
| 725 | + | 12 five percent (5%) of the students left a particular cohort for a |
---|
| 726 | + | 13 reason described in subsection (a) STEP THREE clause (B); |
---|
| 727 | + | 14 and |
---|
| 728 | + | 15 (2) the students described in subdivision (1)(A) or (1)(B) are not |
---|
| 729 | + | 16 on track to graduate with their cohort. |
---|
| 730 | + | 17 A high school must submit a request to the state board in a manner |
---|
| 731 | + | 18 prescribed by the state board requesting that the students described in |
---|
| 732 | + | 19 this subsection be included in the subsection (a) STEP THREE |
---|
| 733 | + | 20 calculation. The state board shall review the request and may grant or |
---|
| 734 | + | 21 deny the request. The state board shall deny the request unless the high |
---|
| 735 | + | 22 school demonstrates good cause to justify that the students described |
---|
| 736 | + | 23 in this subsection should be included in the subsection (a) STEP |
---|
| 737 | + | 24 THREE calculation. If the state board denies the request the high |
---|
| 738 | + | 25 school may not subtract the students described in this subsection under |
---|
| 739 | + | 26 subsection (a) STEP THREE. |
---|
| 740 | + | 27 SECTION 26. IC 20-33-2-10, AS AMENDED BY P.L.32-2021, |
---|
| 741 | + | 28 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 742 | + | 29 JULY 1, 2024]: Sec. 10. (a) Each public school shall and each private |
---|
| 743 | + | 30 school may require a student who initially enrolls in the school to |
---|
| 744 | + | 31 provide: |
---|
| 745 | + | 32 (1) the name and address of the school the student last attended; |
---|
| 746 | + | 33 and |
---|
| 747 | + | 34 (2) a certified copy of the student's birth certificate or other |
---|
| 748 | + | 35 reliable proof of the student's date of birth. |
---|
| 749 | + | 36 (b) Each public school, charter school, and nonpublic school with |
---|
| 750 | + | 37 at least one (1) employee shall provide upon request of another school |
---|
| 751 | + | 38 a copy of a particular student's disciplinary records that are relevant to |
---|
| 752 | + | 39 the safety of students, if the particular student currently attends the |
---|
| 753 | + | 40 requesting school and is currently enrolled in the requesting school. |
---|
| 754 | + | 41 (c) Not more than fourteen (14) days after initial enrollment in a |
---|
| 755 | + | 42 school, the school shall request the student's records from the school |
---|
| 756 | + | EH 1021—LS 6230/DI 119 18 |
---|
| 757 | + | 1 the student last attended. |
---|
| 758 | + | 2 (d) If the document described in subsection (a)(2): |
---|
| 759 | + | 3 (1) is not provided to the school not more than thirty (30) days |
---|
| 760 | + | 4 after the student's enrollment; or |
---|
| 761 | + | 5 (2) appears to be inaccurate or fraudulent; |
---|
| 762 | + | 6 the school shall notify the Indiana clearinghouse for information on |
---|
| 763 | + | 7 missing children, missing veterans at risk, and missing endangered |
---|
| 764 | + | 8 adults established under IC 10-13-5-5 and determine if the student has |
---|
| 765 | + | 9 been reported missing. |
---|
| 766 | + | 10 (e) A school in Indiana receiving a request for records shall send the |
---|
| 767 | + | 11 records promptly to the requesting school. However, if a request is |
---|
| 768 | + | 12 received for records to which a notice has been attached under |
---|
| 769 | + | 13 IC 31-36-1-5 (or IC 31-6-13-6 before its repeal), the school: |
---|
| 770 | + | 14 (1) shall immediately notify the Indiana clearinghouse for |
---|
| 771 | + | 15 information on missing children, missing veterans at risk, and |
---|
| 772 | + | 16 missing endangered adults; |
---|
| 773 | + | 17 (2) may not send the school records without the authorization of |
---|
| 774 | + | 18 the clearinghouse; and |
---|
| 775 | + | 19 (3) may not inform the requesting school that a notice under |
---|
| 776 | + | 20 IC 31-36-1-5 (or IC 31-6-13-6 before its repeal) has been attached |
---|
| 777 | + | 21 to the records. |
---|
| 778 | + | 22 (f) Notwithstanding subsection (e), if a parent of a child who has |
---|
| 779 | + | 23 enrolled in a state accredited nonpublic school is in breach of a contract |
---|
| 780 | + | 24 that conditions release of student records on the payment of |
---|
| 781 | + | 25 outstanding tuition and other fees, the state accredited nonpublic school |
---|
| 782 | + | 26 shall provide a requesting school sufficient verbal information to |
---|
| 783 | + | 27 permit the requesting school to make an appropriate placement |
---|
| 784 | + | 28 decision regarding the child. However, the state accredited nonpublic |
---|
| 785 | + | 29 school must provide the information described in subsection (b) to the |
---|
| 786 | + | 30 requesting school. |
---|
| 787 | + | 31 SECTION 27. IC 31-34-2-5, AS AMENDED BY P.L.43-2009, |
---|
| 788 | + | 32 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 789 | + | 33 JULY 1, 2024]: Sec. 5. If a child in need of services is a missing child |
---|
| 790 | + | 34 and is taken into custody under a court order, the person taking the |
---|
| 791 | + | 35 child into custody shall do the following: |
---|
| 792 | + | 36 (1) Take the child to a place designated in the order. |
---|
| 793 | + | 37 (2) Give notice to the following that the child has been taken into |
---|
| 794 | + | 38 custody: |
---|
| 795 | + | 39 (A) The child's legal custodian. |
---|
| 796 | + | 40 (B) The clearinghouse for information on missing children, |
---|
| 797 | + | 41 missing veterans at risk, and missing endangered adults |
---|
| 798 | + | 42 established by IC 10-13-5. |
---|
| 799 | + | EH 1021—LS 6230/DI 119 19 |
---|
| 800 | + | 1 SECTION 28. IC 31-34-2.5-2, AS AMENDED BY P.L.45-2023, |
---|
| 801 | + | 2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 802 | + | 3 JULY 1, 2024]: Sec. 2. (a) Immediately after an emergency medical |
---|
| 803 | + | 4 services provider takes custody of a safe haven infant under section 1 |
---|
| 804 | + | 5 of this chapter, the provider shall notify either: |
---|
| 805 | + | 6 (1) the department of child services; or |
---|
| 806 | + | 7 (2) a licensed child placing agency; |
---|
| 807 | + | 8 that the provider has taken custody of the safe haven infant. |
---|
| 808 | + | 9 (b) If notified under subsection (a), the department of child services |
---|
| 809 | + | 10 or a licensed child placing agency shall: |
---|
| 810 | + | 11 (1) assume the care, control, and custody of the safe haven infant |
---|
| 811 | + | 12 immediately after receiving notice under subsection (a); |
---|
| 812 | + | 13 (2) not later than forty-eight (48) hours after the department of |
---|
| 813 | + | 14 child services or a licensed child placing agency has taken |
---|
| 814 | + | 15 custody of the safe haven infant, contact the Indiana |
---|
| 815 | + | 16 clearinghouse for information on missing children, missing |
---|
| 816 | + | 17 veterans at risk, and missing endangered adults established by |
---|
| 817 | + | 18 IC 10-13-5-5 and the National Center for Missing and Exploited |
---|
| 818 | + | 19 Children to determine if the safe haven infant has been reported |
---|
| 819 | + | 20 missing; and |
---|
| 820 | + | 21 (3) fifteen (15) days after the department of child services or a |
---|
| 821 | + | 22 licensed child placing agency has taken custody of the safe haven |
---|
| 822 | + | 23 infant, contact the National Center for Missing and Exploited |
---|
| 823 | + | 24 Children a second time to determine if the safe haven infant has |
---|
| 824 | + | 25 been reported missing. |
---|
| 825 | + | 26 SECTION 29. IC 31-36-1-3, AS AMENDED BY P.L.183-2017, |
---|
| 826 | + | 27 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 827 | + | 28 JULY 1, 2024]: Sec. 3. Upon completion of the report required by |
---|
| 828 | + | 29 section 1 of this chapter, the law enforcement agency shall immediately |
---|
| 829 | + | 30 forward the contents of the report to: |
---|
| 830 | + | 31 (1) all law enforcement agencies that have jurisdiction of the |
---|
| 831 | + | 32 location in which the missing child lives and all law enforcement |
---|
| 832 | + | 33 agencies that have jurisdiction of the location in which the |
---|
| 833 | + | 34 missing child was last seen; |
---|
| 834 | + | 35 (2) all law enforcement agencies to which the person who |
---|
| 835 | + | 36 provided notification requests the report be sent, if the law |
---|
| 836 | + | 37 enforcement agency determines that the request is reasonable in |
---|
| 837 | + | 38 light of the information contained in the report; |
---|
| 838 | + | 39 (3) all law enforcement agencies that request a copy of the report; |
---|
| 839 | + | 40 (4) the Indiana clearinghouse for information on missing children, |
---|
| 840 | + | 41 missing veterans at risk, and missing endangered adults |
---|
| 841 | + | 42 established by IC 10-13-5; |
---|
| 842 | + | EH 1021—LS 6230/DI 119 20 |
---|
| 843 | + | 1 (5) the Indiana data and communication system (IDACS); |
---|
| 844 | + | 2 (6) the National Crime Information Center's Missing Person File; |
---|
| 845 | + | 3 and |
---|
| 846 | + | 4 (7) the department. |
---|
| 847 | + | 5 SECTION 30. IC 31-36-1-5, AS AMENDED BY P.L.43-2009, |
---|
| 848 | + | 6 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 849 | + | 7 JULY 1, 2024]: Sec. 5. (a) Upon receiving a report under section 4 of |
---|
| 850 | + | 8 this chapter, a school shall attach a notice to the child's school records |
---|
| 851 | + | 9 stating that the child has been reported missing. The school shall |
---|
| 852 | + | 10 remove the notice when the school is notified under IC 31-36-2-6 that |
---|
| 853 | + | 11 the child has been found. |
---|
| 854 | + | 12 (b) If a request for the school records of a missing child is received, |
---|
| 855 | + | 13 the school shall: |
---|
| 856 | + | 14 (1) obtain: |
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| 857 | + | 15 (A) the name, address, and telephone number of the person |
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| 858 | + | 16 making the request; and |
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| 859 | + | 17 (B) the reason that the person is requesting the school records; |
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| 860 | + | 18 and |
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| 861 | + | 19 (2) immediately notify the Indiana clearinghouse for information |
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| 862 | + | 20 on missing children, missing veterans at risk, and missing |
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| 863 | + | 21 endangered adults. |
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| 864 | + | 22 (c) The school may not issue a copy of school records without |
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| 865 | + | 23 authorization from the Indiana clearinghouse for information on |
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| 866 | + | 24 missing children, missing veterans at risk, and missing endangered |
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| 867 | + | 25 adults and may not inform the person making the request that a notice |
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| 868 | + | 26 that the child has been reported missing has been attached to the child's |
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| 869 | + | 27 records. |
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| 870 | + | 28 SECTION 31. IC 31-36-2-2, AS AMENDED BY P.L.43-2009, |
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| 871 | + | 29 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 872 | + | 30 JULY 1, 2024]: Sec. 2. A law enforcement agency involved in the |
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| 873 | + | 31 investigation of a missing child shall do the following: |
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| 874 | + | 32 (1) Update the initial report filed by the agency that received |
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| 875 | + | 33 notification of the missing child upon the discovery of new |
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| 876 | + | 34 information concerning the investigation. |
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| 877 | + | 35 (2) Forward the updated report to the agencies and organizations |
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| 878 | + | 36 listed in IC 31-36-1-3. |
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| 879 | + | 37 (3) Search the National Crime Information Center's Wanted |
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| 880 | + | 38 Person File for reports of arrest warrants issued for persons who |
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| 881 | + | 39 allegedly abducted or unlawfully retained children and compare |
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| 882 | + | 40 these reports to the missing child's National Crime Information |
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| 883 | + | 41 Center's Missing Person File. |
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| 884 | + | 42 (4) Notify all law enforcement agencies involved in the |
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| 885 | + | EH 1021—LS 6230/DI 119 21 |
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| 886 | + | 1 investigation, the Indiana clearinghouse for information on |
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| 887 | + | 2 missing children, missing veterans at risk, and missing |
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| 888 | + | 3 endangered adults, and the National Crime Information Center |
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| 889 | + | 4 when the missing child is located. |
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| 890 | + | 5 SECTION 32. IC 34-30-2.1-116, AS ADDED BY P.L.105-2022, |
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| 891 | + | 6 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 892 | + | 7 JULY 1, 2024]: Sec. 116. IC 10-13-5-8.5 (Concerning a broadcaster |
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| 893 | + | 8 who broadcasts or an electronic billboard operator who displays an |
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| 894 | + | 9 Amber alert notification, a green alert notification, or a silver alert |
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| 895 | + | 10 notification and a person who establishes or maintains an Amber alert |
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| 896 | + | 11 web site website, a green alert website, or a silver alert web site |
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| 897 | + | 12 website under an agreement with the state police department). |
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| 898 | + | 13 SECTION 33. IC 34-30-2.1-136, AS ADDED BY P.L.105-2022, |
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| 899 | + | 14 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 900 | + | 15 JULY 1, 2024]: Sec. 136. IC 12-10-18-6 (Concerning a broadcaster or |
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| 901 | + | 16 newspaper that receives a report concerning an endangered adult |
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| 902 | + | 17 medical alert or missing veteran at risk alert). |
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| 903 | + | 18 SECTION 34. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021, |
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| 904 | + | 19 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 905 | + | 20 JULY 1, 2024]: Sec. 3. (a) As used in this section, "consumer product" |
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| 906 | + | 21 has the meaning set forth in IC 35-45-8-1. |
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| 907 | + | 22 (b) As used in this section, "misconduct" means a violation of a |
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| 908 | + | 23 departmental rule or procedure of a law enforcement agency. |
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| 909 | + | 24 (c) A person who reports that: |
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| 910 | + | 25 (1) the person or another person has placed or intends to place an |
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| 911 | + | 26 explosive, a destructive device, or other destructive substance in |
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| 912 | + | 27 a building or transportation facility; |
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| 913 | + | 28 (2) there has been or there will be tampering with a consumer |
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| 914 | + | 29 product introduced into commerce; or |
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| 915 | + | 30 (3) there has been or will be placed or introduced a weapon of |
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| 916 | + | 31 mass destruction in a building or a place of assembly; |
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| 917 | + | 32 knowing the report to be false, commits false reporting, a Level 6 |
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| 918 | + | 33 felony. |
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| 919 | + | 34 (d) A person who: |
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| 920 | + | 35 (1) gives: |
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| 921 | + | 36 (A) a false report of the commission of a crime; or |
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| 922 | + | 37 (B) false information to a law enforcement officer that relates |
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| 923 | + | 38 to the commission of a crime; |
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| 924 | + | 39 knowing the report or information to be false; |
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| 925 | + | 40 (2) gives a false alarm of fire to the fire department of a |
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| 926 | + | 41 governmental entity, knowing the alarm to be false; |
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| 927 | + | 42 (3) makes a false request for ambulance service to an ambulance |
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| 928 | + | EH 1021—LS 6230/DI 119 22 |
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| 929 | + | 1 service provider, knowing the request to be false; |
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| 930 | + | 2 (4) gives a false report concerning a missing child (as defined in |
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| 931 | + | 3 IC 10-13-5-4), missing veteran at risk (as defined in |
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| 932 | + | 4 IC 12-7-2-197.3), or missing endangered adult (as defined in |
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| 933 | + | 5 IC 12-7-2-131.3) or gives false information to a law enforcement |
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| 934 | + | 6 officer or a governmental entity that relates to a missing child, |
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| 935 | + | 7 missing veteran at risk, or missing endangered adult knowing |
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| 936 | + | 8 the report or information to be false; |
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| 937 | + | 9 (5) makes a complaint against a law enforcement officer to the |
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| 938 | + | 10 state or municipality (as defined in IC 8-1-13-3(b)) that employs |
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| 939 | + | 11 the officer: |
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| 940 | + | 12 (A) alleging the officer engaged in misconduct while |
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| 941 | + | 13 performing the officer's duties; and |
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| 942 | + | 14 (B) knowing the complaint to be false; |
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| 943 | + | 15 (6) makes a false report of a missing person, knowing the report |
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| 944 | + | 16 or information is false; |
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| 945 | + | 17 (7) gives a false report of actions, behavior, or conditions |
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| 946 | + | 18 concerning: |
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| 947 | + | 19 (A) a septic tank soil absorption system under IC 8-1-2-125 or |
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| 948 | + | 20 IC 13-26-5-2.5; or |
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| 949 | + | 21 (B) a septic tank soil absorption system or constructed wetland |
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| 950 | + | 22 septic system under IC 36-9-23-30.1; |
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| 951 | + | 23 knowing the report or information to be false; or |
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| 952 | + | 24 (8) makes a false report that a person is dangerous (as defined in |
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| 953 | + | 25 IC 35-47-14-1) knowing the report or information to be false; |
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| 954 | + | 26 commits false informing, a Class B misdemeanor. However, the offense |
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| 955 | + | 27 is a Class A misdemeanor if it substantially hinders any law |
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| 956 | + | 28 enforcement process or if it results in harm to another person. |
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| 957 | + | EH 1021—LS 6230/DI 119 23 |
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| 958 | + | COMMITTEE REPORT |
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| 959 | + | Mr. Speaker: Your Committee on Veterans Affairs and Public |
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| 960 | + | Safety, to which was referred House Bill 1021, has had the same under |
---|
| 961 | + | consideration and begs leave to report the same back to the House with |
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| 962 | + | the recommendation that said bill do pass. |
---|
| 963 | + | (Reference is to HB 1021 as introduced.) |
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| 964 | + | BARTELS |
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| 965 | + | Committee Vote: Yeas 11, Nays 0 |
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| 966 | + | _____ |
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| 967 | + | COMMITTEE REPORT |
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| 968 | + | Madam President: The Senate Committee on Veterans Affairs and |
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| 969 | + | The Military, to which was referred House Bill No. 1021, has had the |
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| 970 | + | same under consideration and begs leave to report the same back to the |
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| 971 | + | Senate with the recommendation that said bill DO PASS. |
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| 972 | + | (Reference is to HB 1021 as printed January 29, 2024.) |
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| 973 | + | |
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| 974 | + | TOMES, Chairperson |
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| 975 | + | Committee Vote: Yeas 8, Nays 0 |
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| 976 | + | EH 1021—LS 6230/DI 119 |
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