Indiana 2024 Regular Session

Indiana House Bill HB1040 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1040
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 10-11; IC 10-19-14; IC 16-21-8.
7	7	Synopsis: Medical forensic examination kits. Repeals and relocates
8	8	the statute requiring the superintendent of the state police department
9	9	(superintendent) to adopt guidelines to establish a standard medical
10	10	forensic examination kit for victims of sex crimes (kits). Requires the
11	11	superintendent to adopt guidelines on the processing and testing of kits.
12	12	Requires law enforcement agencies to submit data to the
13	13	superintendent concerning kits in the agencies' possession. Requires
14	14	the superintendent to provide information concerning the processing
15	15	and testing of kits to the interim study committee on corrections and
16	16	criminal code. Requires the department of homeland security to
17	17	develop best practice policies and procedures for crime labs and law
18	18	enforcement agencies concerning medical forensic evidence of sex
19	19	crimes. Requires a forensic medical services provider to notify a law
20	20	enforcement agency regarding the completion of a kit not later than 24
21	21	hours after the kit is completed. Requires that a notification be
22	22	provided to a victim who has registered for notifications through the
23	23	web based claims reimbursement and sexual assault examination kit
24	24	tracking system not more than 30 days after a change in status to the
25	25	kit. Makes conforming changes.
26	26	Effective: July 1, 2024.
27	27	Klinker
28	28	January 8, 2024, read first time and referred to Committee on Veterans Affairs and Public
29	29	Safety.
30	30	2024 IN 1040—LS 6376/DI 92 Introduced
31	31	Second Regular Session of the 123rd General Assembly (2024)
32	32	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
33	33	Constitution) is being amended, the text of the existing provision will appear in this style type,
34	34	additions will appear in this style type, and deletions will appear in this style type.
35	35	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
36	36	provision adopted), the text of the new provision will appear in this style type. Also, the
37	37	word NEW will appear in that style type in the introductory clause of each SECTION that adds
38	38	a new provision to the Indiana Code or the Indiana Constitution.
39	39	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
40	40	between statutes enacted by the 2023 Regular Session of the General Assembly.
41	41	HOUSE BILL No. 1040
42	42	A BILL FOR AN ACT to amend the Indiana Code concerning
43	43	public safety.
44	44	Be it enacted by the General Assembly of the State of Indiana:
45	45	1 SECTION 1. IC 10-11-2-33 IS REPEALED [EFFECTIVE JULY 1,
46	46	2 2024]. Sec. 33. (a) The superintendent shall adopt guidelines to
47	47	3 establish a standard medical forensic examination kit for victims of a
48	48	4 sex crime.
49	49	5 (b) The superintendent shall distribute the standard medical forensic
50	50	6 examination kits to hospitals and other health care providers who may
51	51	7 provide forensic medical examinations to the victims of a sex crime.
52	52	8 The superintendent may adopt guidelines to carry out this subsection.
53	53	9 SECTION 2. IC 10-11-13 IS ADDED TO THE INDIANA CODE
54	54	10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
55	55	11 JULY 1, 2024]:
56	56	12 Chapter 13. Standard Medical Forensic Examination Kits for
57	57	13 Victims of Sex Crimes
58	58	14 Sec. 1. As used in this chapter, "CODIS" means the combined
59	59	15 DNA index system (as defined in IC 10-13-6-1).
60	60	16 Sec. 2. As used in this chapter, "committee" means the interim
61	61	17 study committee on corrections and criminal code established by
62	62	2024 IN 1040—LS 6376/DI 92 2
63	63	1 IC 2-5-1.3-4.
64	64	2 Sec. 3. As used in this chapter, "kit" means the standard
65	65	3 medical forensic examination kit for a victim of a sex crime
66	66	4 developed by the state police department in accordance with the
67	67	5 guidelines adopted under IC 10-11-2-33 (before its repeal) and
68	68	6 section 7 of this chapter.
69	69	7 Sec. 4. As used in this chapter, "law enforcement agency" has
70	70	8 the meaning set forth in IC 35-47-15-2.
71	71	9 Sec. 5. As used in this chapter, "provider" has the meaning set
72	72	10 forth in IC 16-21-8-0.2.
73	73	11 Sec. 6. As used in this chapter, "sex crime" refers to a crime
74	74	12 listed in IC 16-21-8-1(b).
75	75	13 Sec. 7. (a) The superintendent shall adopt guidelines to establish
76	76	14 a standard medical forensic examination kit for a victim of a sex
77	77	15 crime.
78	78	16 (b) The superintendent shall distribute kits to hospitals and
79	79	17 other health care providers that provide forensic medical
80	80	18 examinations to the victims of sex crimes.
81	81	19 Sec. 8. The superintendent shall adopt guidelines that do the
82	82	20 following:
83	83	21 (1) Urge law enforcement agencies to send kits for testing not
84	84	22 later than twenty-one (21) days after receiving the provider
85	85	23 notification described in IC 16-21-8-9(a).
86	86	24 (2) Urge crime labs to process kits not later than thirty (30)
87	87	25 days after receipt from a law enforcement agency.
88	88	26 (3) Urge crime labs to:
89	89	27 (A) test all untested kits in their possession; and
90	90	28 (B) eliminate any backlog associated with untested kits in
91	91	29 law enforcement agency possession;
92	92	30 not later than July 1, 2025.
93	93	31 Sec. 9. The superintendent shall create and distribute a
94	94	32 reporting form in print, electronic format, or both, for law
95	95	33 enforcement agencies to annually provide the superintendent with
96	96	34 the following information:
97	97	35 (1) The total number of kits collected by the law enforcement
98	98	36 agency.
99	99	37 (2) The total number of kits:
100	100	38 (A) in the law enforcement agency's possession; and
101	101	39 (B) awaiting testing by a crime lab.
102	102	40 (3) The average number of days between a law enforcement
103	103	41 agency's submission of a kit to a crime lab for testing and the
104	104	42 production of the kit's test results.
105	105	2024 IN 1040—LS 6376/DI 92 3
106	106	1 Sec. 10. A law enforcement agency shall submit the form
107	107	2 containing the information described in section 9 of this chapter to
108	108	3 the superintendent not later than July 1 of each year.
109	109	4 Sec. 11. Before September 1 of each year, the superintendent
110	110	5 shall annually submit to the committee in an electronic format
111	111	6 under IC 5-14-6 a report containing:
112	112	7 (1) information on the entering of tested kit results into
113	113	8 CODIS;
114	114	9 (2) the:
115	115	10 (A) number of kits awaiting testing statewide; and
116	116	11 (B) reasons for delays in kit testing; and
117	117	12 (3) any additional information that the superintendent
118	118	13 believes is helpful to the committee.
119	119	14 SECTION 3. IC 10-19-14 IS ADDED TO THE INDIANA CODE
120	120	15 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
121	121	16 JULY 1, 2024]:
122	122	17 Chapter 14. Forensic Medical Examination Kit Testing
123	123	18 Sec. 1. As used in this chapter, "kit" means the standard
124	124	19 medical forensic examination kit for victims of a sex crime, as
125	125	20 developed by the state police department under IC 10-11-2-33
126	126	21 (before its repeal) and IC 10-11-13-7.
127	127	22 Sec. 2. As used in this chapter, "law enforcement agency" has
128	128	23 the meaning set forth in IC 35-47-15-2.
129	129	24 Sec. 3. As used in this chapter, "provider" has the meaning set
130	130	25 forth in IC 16-21-8-0.2.
131	131	26 Sec. 4. The department shall develop best practice policies and
132	132	27 procedures for crime labs and law enforcement agencies
133	133	28 concerning the following:
134	134	29 (1) The initial collection of sex crime evidence by providers.
135	135	30 (2) Provider notification to a law enforcement agency upon
136	136	31 completion of a kit.
137	137	32 (3) The time frame for kit testing by a crime lab.
138	138	33 (4) The transfer of kits:
139	139	34 (A) from a provider to a law enforcement agency;
140	140	35 (B) from a law enforcement agency to a crime lab; and
141	141	36 (C) from a crime lab to a law enforcement agency;
142	142	37 and the maintenance of kits during transfer between the
143	143	38 entities described in clauses (A) through (C).
144	144	39 (5) Victim petitions requesting the testing of a kit.
145	145	40 (6) Victim notification of the following:
146	146	41 (A) The planned destruction of a kit.
147	147	42 (B) The storage, transportation, or transfer of a kit.
148	148	2024 IN 1040—LS 6376/DI 92 4
149	149	1 (C) The testing status of a kit.
150	150	2 (7) The creation, distribution, and storage of all records and
151	151	3 reports pertaining to the following:
152	152	4 (A) Kit chain of custody.
153	153	5 (B) Kit test results.
154	154	6 (C) Audits of kit inventory.
155	155	7 (8) The maintenance and storage of tested and untested kits.
156	156	8 Sec. 5. The department shall disseminate information to law
157	157	9 enforcement agencies regarding the existence, location, and
158	158	10 capacity of:
159	159	11 (1) county facilities;
160	160	12 (2) state facilities; and
161	161	13 (3) private vendors;
162	162	14 capable of testing kits.
163	163	15 SECTION 4. IC 16-21-8-0.2, AS AMENDED BY P.L.36-2019,
164	164	16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
165	165	17 JULY 1, 2024]: Sec. 0.2. The following definitions apply throughout
166	166	18 this chapter:
167	167	19 (1) "Division" refers to the victim services division of the Indiana
168	168	20 criminal justice institute established by IC 5-2-6-8(a).
169	169	21 (2) "Evidence" means the results collected from a forensic
170	170	22 medical examination of a victim by a provider.
171	171	23 (3) "Personal information" has the meaning set forth in
172	172	24 IC 9-14-6-6.
173	173	25 (4) "Provider" means a hospital or licensed medical services
174	174	26 provider that provides forensic medical exams and additional
175	175	27 forensic services to a victim.
176	176	28 (5) "Sample" means the result collected from a forensic medical
177	177	29 examination of the victim by a provider, when the victim has not
178	178	30 yet reported the sex crime to law enforcement.
179	179	31 (6) "Secured storage" means a method of storing a sample that
180	180	32 will adequately safeguard the integrity and viability of the sample.
181	181	33 (7) "Sexual assault examination kit" means the standard medical
182	182	34 forensic examination kit for victims of sexual assault developed
183	183	35 by the state police department under IC 10-11-2-33 (before its
184	184	36 repeal) and IC 10-11-13-7.
185	185	37 (8) "Sexual assault nurse examiner" means a registered nurse
186	186	38 who:
187	187	39 (A) has received training to provide comprehensive care to
188	188	40 sexual assault survivors; and
189	189	41 (B) can:
190	190	42 (i) conduct a forensic medical examination; and
191	191	2024 IN 1040—LS 6376/DI 92 5
192	192	1 (ii) collect evidence from a sexual assault victim.
193	193	2 SECTION 5. IC 16-21-8-9, AS ADDED BY P.L.41-2007,
194	194	3 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
195	195	4 JULY 1, 2024]: Sec. 9. (a) Prior to the discharge of a victim from the
196	196	5 hospital, a provider shall:
197	197	6 (1) require the victim to sign a form that notifies the victim of his
198	198	7 or her rights under this chapter;
199	199	8 (2) provide a copy of the signed form to the victim; and
200	200	9 (3) inform law enforcement that the sample is available not later
201	201	10 than twenty-four (24) hours after the completion of a forensic
202	202	11 medical examination.
203	203	12 (b) The director of the Indiana criminal justice institute may delay
204	204	13 the implementation of this section until the earlier of the following:
205	205	14 (1) A date set by the director.
206	206	15 (2) The date funding becomes available by a grant through the
207	207	16 criminal justice institute or by an appropriation from the general
208	208	17 assembly.
209	209	18 If the director of the criminal justice institute delays implementation of
210	210	19 this section, the director shall notify the prosecuting attorney of each
211	211	20 county of the director's action and when funding become becomes
212	212	21 available to implement this section.
213	213	22 SECTION 6. IC 16-21-8-10, AS AMENDED BY P.L.36-2019,
214	214	23 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
215	215	24 JULY 1, 2024]: Sec. 10. (a) Law enforcement shall:
216	216	25 (1) obtain the sample within forty-eight (48) hours after receiving
217	217	26 a provider's notification; and
218	218	27 (2) transport the sample to secured storage.
219	219	28 (b) Law enforcement shall keep the sample in secured storage until
220	220	29 the earlier of the following:
221	221	30 (1) At least one (1) year after the date the sample is placed in
222	222	31 secured storage.
223	223	32 (2) The victim reports the sex crime to law enforcement and the
224	224	33 sample is transported to a crime lab.
225	225	34 (c) Notification of sample destruction may be provided by the
226	226	35 division through the web based claims reimbursement and sexual
227	227	36 assault examination kit tracking system. Law enforcement agencies and
228	228	37 prosecuting attorneys shall cooperate with the division by providing
229	229	38 storage updates to the division via the web based claims reimbursement
230	230	39 and sexual assault examination kit tracking system.
231	231	40 (d) A victim may register for notification through the web based
232	232	41 claims reimbursement and sexual assault examination kit tracking
233	233	42 system. If a victim has registered for notifications under this
234	234	2024 IN 1040—LS 6376/DI 92 6
235	235	1 subsection, a notification must be sent to the victim each time there
236	236	2 is a change in status to the kit not more than thirty (30) days after
237	237	3 the change in status.
238	238	4 (e) Each county shall develop and implement a plan for the secured
239	239	5 storage and destruction of samples.
240	240	6 (f) The director of the Indiana criminal justice institute may delay
241	241	7 the implementation of this section until the earlier of the following:
242	242	8 (1) A date set by the director.
243	243	9 (2) The date funding becomes available by a grant through the
244	244	10 criminal justice institute or by an appropriation from the general
245	245	11 assembly.
246	246	12 If the director of the criminal justice institute delays implementation of
247	247	13 this section, the director shall notify the prosecuting attorney of each
248	248	14 county of the director's action and when funding becomes available to
249	249	15 implement this section.
250	250	16 (g) The failure to comply with:
251	251	17 (1) this chapter;
252	252	18 (2) a plan adopted by a county; or
253	253	19 (3) a protocol adopted by a sexual assault response team;
254	254	20 does not, standing alone, affect the admissibility of a sample as
255	255	21 evidence in a criminal or civil proceeding.
256	256	2024 IN 1040—LS 6376/DI 92