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Indiana House Bill HB1132

Indiana 2024 Regular Session

Indiana House Bill HB1132 Compare Versions

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1-*HB1132.1*
2-January 22, 2024
1+
2+Introduced Version
33 HOUSE BILL No. 1132
44 _____
5-DIGEST OF HB 1132 (Updated January 22, 2024 11:31 am - DI 116)
6-Citations Affected: IC 4-6; IC 5-2; IC 10-10.5; IC 10-13; IC 35-31.5.
5+DIGEST OF INTRODUCED BILL
6+Citations Affected: IC 4-6; IC 5-2-4-1; IC 10-10.5-1-3; IC 10-13-3-6;
7+IC 35-31.5-2-185.
78 Synopsis: Investigators employed by the attorney general. Provides
89 that the attorney general shall designate not more than four
910 investigators employed within the state Medicaid fraud control unit to
1011 be law enforcement officers of the state. Provides that the attorney
1112 general shall designate not more than two investigators employed
1213 within the identity fraud unit to be law enforcement officers of the
1314 state. Provides that the investigators shall have all the powers and
1415 duties of law enforcement officers in conducting investigations or in
1516 serving any process, notice, or order connected with the duties of the
1617 respective units, regardless of whatever officer, authority, or court
1718 issued the process, notice, or order. Provides that the investigators are
1819 subject to certain confidentiality and disclosure requirements relating
1920 to criminal intelligence information and criminal history information.
2021 Makes conforming amendments.
2122 Effective: July 1, 2024.
2223 McNamara
2324 January 8, 2024, read first time and referred to Committee on Veterans Affairs and Public
2425 Safety.
25-January 22, 2024, amended, reported — Do Pass.
26-HB 1132—LS 6586/DI 116 January 22, 2024
26+2024 IN 1132—LS 6586/DI 116 Introduced
2727 Second Regular Session of the 123rd General Assembly (2024)
2828 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2929 Constitution) is being amended, the text of the existing provision will appear in this style type,
3030 additions will appear in this style type, and deletions will appear in this style type.
3131 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3232 provision adopted), the text of the new provision will appear in this style type. Also, the
3333 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3434 a new provision to the Indiana Code or the Indiana Constitution.
3535 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3636 between statutes enacted by the 2023 Regular Session of the General Assembly.
3737 HOUSE BILL No. 1132
3838 A BILL FOR AN ACT to amend the Indiana Code concerning state
3939 and local administration.
4040 Be it enacted by the General Assembly of the State of Indiana:
4141 1 SECTION 1. IC 4-6-10-4 IS ADDED TO THE INDIANA CODE
4242 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4343 3 1, 2024]: Sec. 4. (a) The attorney general shall designate not more
4444 4 than four (4) investigators employed within the state Medicaid
45-5 fraud control unit to be law enforcement officers of the state. A law
46-6 enforcement officer must have completed the basic training
47-7 requirements (tier 1 basic training) set forth in IC 5-2-1-9 before
48-8 the law enforcement officer may be employed as an investigator.
49-9 The investigators shall have all the powers and duties of law
50-10 enforcement officers in conducting investigations under this
51-11 chapter, or in serving any process, notice, or order connected with
52-12 the enforcement of this chapter regardless of whatever officer,
53-13 authority, or court issued the process, notice, or order.
54-14 (b) The investigators designated under this section shall
55-15 comprise the enforcement department within the state Medicaid
56-16 fraud control unit and are considered a criminal justice agency for
57-purposes of IC 5-2-4 and IC 10-13-3.17
58-HB 1132—LS 6586/DI 116 2
59-1 SECTION 2. IC 4-6-13-10 IS ADDED TO THE INDIANA CODE
60-2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
61-3 1, 2024]: Sec. 10. (a) The attorney general shall designate not more
62-4 than two (2) investigators employed within the unit to be law
63-5 enforcement officers of the state. A law enforcement officer must
64-6 have completed the basic training requirements (tier 1 basic
65-7 training) set forth in IC 5-2-1-9 before the law enforcement officer
66-8 may be employed as an investigator. The investigators shall have
67-9 all the powers and duties of law enforcement officers in conducting
68-10 investigations under this chapter, or in serving any process, notice,
69-11 or order connected with the enforcement of this chapter regardless
70-12 of whatever officer, authority, or court issued the process, notice,
71-13 or order.
72-14 (b) The investigators designated under this section shall
73-15 comprise the enforcement department within the unit and are
74-16 considered a criminal justice agency for purposes of IC 5-2-4 and
75-IC 10-13-3.17
76-18 SECTION 3. IC 5-2-4-1, AS AMENDED BY P.L.27-2010,
77-19 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
78-20 JULY 1, 2024]: Sec. 1. As used in this chapter, unless the context
79-21 otherwise requires:
80-22 (1) "Criminal history information" means information collected
81-23 by criminal justice agencies or individuals consisting of
82-24 identifiable descriptions and notations of arrests, detentions,
83-25 indictments, informations, or other formal criminal charges, and
84-26 any disposition arising therefrom, sentencing, correctional
85-27 supervision, and release.
86-28 (2) "Criminal intelligence information" means information on
87-29 identifiable individuals compiled in an effort to anticipate,
88-30 prevent, or monitor possible criminal activity, including terrorist
89-31 activity. "Criminal intelligence information" does not include
90-32 criminal investigative information, which is information on
91-33 identifiable individuals compiled in the course of the
92-34 investigation of specific criminal acts.
93-35 (3) "Criminal justice agency" means any agency or department of
94-36 any level of government which performs as its principal function
95-37 the apprehension, prosecution, adjudication, incarceration, or
96-38 rehabilitation of criminal offenders, or location of parents with
97-39 child support obligations under 42 U.S.C. 653. The term includes:
98-40 (A) a nongovernmental entity that performs as its principal
99-41 function the:
100-42 (i) apprehension, prosecution, adjudication, incarceration, or
101-HB 1132—LS 6586/DI 116 3
102-1 rehabilitation of criminal offenders; or
103-2 (ii) location of parents with child support obligations under
104-3 42 U.S.C. 653;
105-4 under a contract with an agency or department of any level of
106-5 government;
107-6 (B) the department of homeland security; and
108-7 (C) the Indiana intelligence fusion center established by
109-8 IC 10-11-9-2; and
110-9 (D) the attorney general's enforcement department:
111-10 (i) under IC 4-6-10-4 within the state Medicaid fraud
112-11 control unit established by IC 4-6-10-1; and
113-12 (ii) under IC 4-6-13-10 within the identity theft unit
114-13 established by IC 4-6-13-2.
115-14 SECTION 4. IC 10-10.5-1-3, AS AMENDED BY P.L.122-2023,
116-15 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
117-16 JULY 1, 2024]: Sec. 3. "Law enforcement officer" means any of the
118-17 following:
119-18 (1) A state police officer, enforcement officer of the alcohol and
120-19 tobacco commission, or conservation officer.
121-20 (2) A county, city, town, or tribal police officer.
122-21 (3) A police officer appointed by a state educational institution
123-22 under IC 21-39-4 or school corporation under IC 20-26-16.
124-23 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
125-24 under IC 4-33-20.
126-25 (5) A hospital police officer employed by a hospital police
127-26 department established under IC 16-18-4.
128-27 (6) An investigator of the office of the attorney general who is
129-28 designated as a law enforcement officer under IC 4-6-10-4 or
130-29 IC 4-6-13-10.
131-30 SECTION 5. IC 10-13-3-6, AS AMENDED BY P.L.234-2005,
132-31 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
133-32 JULY 1, 2024]: Sec. 6. (a) As used in this chapter, "criminal justice
134-33 agency" means any agency or department of any level of government
135-34 whose principal function is:
136-35 (1) the apprehension, prosecution, adjudication, incarceration,
137-36 probation, rehabilitation, or representation of criminal offenders;
138-37 (2) the location of parents with child support obligations under 42
139-38 U.S.C. 653;
140-39 (3) the licensing and regulating of riverboat gambling operations;
141-40 or
142-41 (4) the licensing and regulating of pari-mutuel horse racing
143-42 operations.
144-HB 1132—LS 6586/DI 116 4
145-1 (b) The term includes the following:
146-2 (1) The office of the attorney general.
147-3 (2) The Medicaid fraud control unit, for the purpose of
148-4 investigating offenses involving Medicaid.
149-5 (3) A nongovernmental entity that performs as its principal
150-6 function the:
151-7 (A) apprehension, prosecution, adjudication, incarceration, or
152-8 rehabilitation of criminal offenders;
153-9 (B) location of parents with child support obligations under 42
154-10 U.S.C. 653;
155-11 (C) licensing and regulating of riverboat gambling operations;
156-12 or
157-13 (D) licensing and regulating of pari-mutuel horse racing
158-14 operations;
159-15 under a contract with an agency or department of any level of
160-16 government.
161-17 (4) The attorney general's enforcement department:
162-18 (A) under IC 4-6-10-4 within the state Medicaid fraud
163-19 control unit established by IC 4-6-10-1; and
164-20 (B) under IC 4-6-13-10 within the identity theft unit
165-21 established by IC 4-6-13-2.
166-22 SECTION 6. IC 35-31.5-2-185, AS AMENDED BY P.L.122-2023,
167-23 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
168-24 JULY 1, 2024]: Sec. 185. (a) "Law enforcement officer" means:
169-25 (1) a police officer (including a tribal police officer, a correctional
170-26 police officer, and a hospital police officer employed by a hospital
171-27 police department established under IC 16-18-4), sheriff,
172-28 constable, marshal, prosecuting attorney, special prosecuting
173-29 attorney, special deputy prosecuting attorney, the securities
174-30 commissioner, or the inspector general;
175-31 (2) a deputy of any of those persons;
176-32 (3) an investigator for a prosecuting attorney or for the inspector
177-33 general;
178-34 (4) a conservation officer;
179-35 (5) an enforcement officer of the alcohol and tobacco
180-36 commission;
181-37 (6) an enforcement officer of the securities division of the office
182-38 of the secretary of state; or
183-39 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
184-40 control officer employed by the gaming control division under
185-41 IC 4-33-20; or
186-42 (8) an investigator of the office of the attorney general who is
187-HB 1132—LS 6586/DI 116 5
188-1 designated as a law enforcement officer under IC 4-6-10-4 or
189-2 IC 4-6-13-10.
190-3 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
191-4 includes an alcoholic beverage enforcement officer, as set forth in
192-5 IC 35-42-2-1.
193-6 (c) "Law enforcement officer", for purposes of IC 35-45-15,
194-7 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
195-8 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
196-9 IC 35-44.1-3-2, includes a school resource officer (as defined in
197-10 IC 20-26-18.2-1) and a school corporation police officer appointed
198-11 under IC 20-26-16.
199-12 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
200-13 meaning set forth in IC 35-40.5-1-1.
201-HB 1132—LS 6586/DI 116 6
202-COMMITTEE REPORT
203-Mr. Speaker: Your Committee on Veterans Affairs and Public
204-Safety, to which was referred House Bill 1132, has had the same under
205-consideration and begs leave to report the same back to the House with
206-the recommendation that said bill be amended as follows:
207-Page 1, line 5, after "state." delete "The" and insert "A".
208-Page 1, line 6, delete "officers" and insert "officer".
209-Page 1, line 7, after "requirements" insert "(tier 1 basic training)".
210-Page 1, line 7, delete "." and insert "before the law enforcement
211-officer may be employed as an investigator.".
212-Page 2, line 4, delete "The law enforcement officers" and insert "A
213-law enforcement officer".
214- Page 2, line 5, after "requirements" insert "(tier 1 basic training)".
215-Page 2, line 6, delete "." and insert "before the law enforcement
216-officer may be employed as an investigator.".
217-and when so amended that said bill do pass.
218-(Reference is to HB 1132 as introduced.)
219-BARTELS
220-Committee Vote: yeas 12, nays 0.
221-HB 1132—LS 6586/DI 116
45+5 fraud control unit to be law enforcement officers of the state. The
46+6 law enforcement officers must have completed the basic training
47+7 requirements set forth in IC 5-2-1-9. The investigators shall have
48+8 all the powers and duties of law enforcement officers in conducting
49+9 investigations under this chapter, or in serving any process, notice,
50+10 or order connected with the enforcement of this chapter regardless
51+11 of whatever officer, authority, or court issued the process, notice,
52+12 or order.
53+13 (b) The investigators designated under this section shall
54+14 comprise the enforcement department within the state Medicaid
55+15 fraud control unit and are considered a criminal justice agency for
56+purposes of IC 5-2-4 and IC 10-13-3.16
57+17 SECTION 2. IC 4-6-13-10 IS ADDED TO THE INDIANA CODE
58+2024 IN 1132—LS 6586/DI 116 2
59+1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
60+2 1, 2024]: Sec. 10. (a) The attorney general shall designate not more
61+3 than two (2) investigators employed within the unit to be law
62+4 enforcement officers of the state. The law enforcement officers
63+5 must have completed the basic training requirements set forth in
64+6 IC 5-2-1-9. The investigators shall have all the powers and duties
65+7 of law enforcement officers in conducting investigations under this
66+8 chapter, or in serving any process, notice, or order connected with
67+9 the enforcement of this chapter regardless of whatever officer,
68+10 authority, or court issued the process, notice, or order.
69+11 (b) The investigators designated under this section shall
70+12 comprise the enforcement department within the unit and are
71+13 considered a criminal justice agency for purposes of IC 5-2-4 and
72+IC 10-13-3.14
73+15 SECTION 3. IC 5-2-4-1, AS AMENDED BY P.L.27-2010,
74+16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
75+17 JULY 1, 2024]: Sec. 1. As used in this chapter, unless the context
76+18 otherwise requires:
77+19 (1) "Criminal history information" means information collected
78+20 by criminal justice agencies or individuals consisting of
79+21 identifiable descriptions and notations of arrests, detentions,
80+22 indictments, informations, or other formal criminal charges, and
81+23 any disposition arising therefrom, sentencing, correctional
82+24 supervision, and release.
83+25 (2) "Criminal intelligence information" means information on
84+26 identifiable individuals compiled in an effort to anticipate,
85+27 prevent, or monitor possible criminal activity, including terrorist
86+28 activity. "Criminal intelligence information" does not include
87+29 criminal investigative information, which is information on
88+30 identifiable individuals compiled in the course of the
89+31 investigation of specific criminal acts.
90+32 (3) "Criminal justice agency" means any agency or department of
91+33 any level of government which performs as its principal function
92+34 the apprehension, prosecution, adjudication, incarceration, or
93+35 rehabilitation of criminal offenders, or location of parents with
94+36 child support obligations under 42 U.S.C. 653. The term includes:
95+37 (A) a nongovernmental entity that performs as its principal
96+38 function the:
97+39 (i) apprehension, prosecution, adjudication, incarceration, or
98+40 rehabilitation of criminal offenders; or
99+41 (ii) location of parents with child support obligations under
100+42 42 U.S.C. 653;
101+2024 IN 1132—LS 6586/DI 116 3
102+1 under a contract with an agency or department of any level of
103+2 government;
104+3 (B) the department of homeland security; and
105+4 (C) the Indiana intelligence fusion center established by
106+5 IC 10-11-9-2; and
107+6 (D) the attorney general's enforcement department:
108+7 (i) under IC 4-6-10-4 within the state Medicaid fraud
109+8 control unit established by IC 4-6-10-1; and
110+9 (ii) under IC 4-6-13-10 within the identity theft unit
111+10 established by IC 4-6-13-2.
112+11 SECTION 4. IC 10-10.5-1-3, AS AMENDED BY P.L.122-2023,
113+12 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
114+13 JULY 1, 2024]: Sec. 3. "Law enforcement officer" means any of the
115+14 following:
116+15 (1) A state police officer, enforcement officer of the alcohol and
117+16 tobacco commission, or conservation officer.
118+17 (2) A county, city, town, or tribal police officer.
119+18 (3) A police officer appointed by a state educational institution
120+19 under IC 21-39-4 or school corporation under IC 20-26-16.
121+20 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
122+21 under IC 4-33-20.
123+22 (5) A hospital police officer employed by a hospital police
124+23 department established under IC 16-18-4.
125+24 (6) An investigator of the office of the attorney general who is
126+25 designated as a law enforcement officer under IC 4-6-10-4 or
127+26 IC 4-6-13-10.
128+27 SECTION 5. IC 10-13-3-6, AS AMENDED BY P.L.234-2005,
129+28 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
130+29 JULY 1, 2024]: Sec. 6. (a) As used in this chapter, "criminal justice
131+30 agency" means any agency or department of any level of government
132+31 whose principal function is:
133+32 (1) the apprehension, prosecution, adjudication, incarceration,
134+33 probation, rehabilitation, or representation of criminal offenders;
135+34 (2) the location of parents with child support obligations under 42
136+35 U.S.C. 653;
137+36 (3) the licensing and regulating of riverboat gambling operations;
138+37 or
139+38 (4) the licensing and regulating of pari-mutuel horse racing
140+39 operations.
141+40 (b) The term includes the following:
142+41 (1) The office of the attorney general.
143+42 (2) The Medicaid fraud control unit, for the purpose of
144+2024 IN 1132—LS 6586/DI 116 4
145+1 investigating offenses involving Medicaid.
146+2 (3) A nongovernmental entity that performs as its principal
147+3 function the:
148+4 (A) apprehension, prosecution, adjudication, incarceration, or
149+5 rehabilitation of criminal offenders;
150+6 (B) location of parents with child support obligations under 42
151+7 U.S.C. 653;
152+8 (C) licensing and regulating of riverboat gambling operations;
153+9 or
154+10 (D) licensing and regulating of pari-mutuel horse racing
155+11 operations;
156+12 under a contract with an agency or department of any level of
157+13 government.
158+14 (4) The attorney general's enforcement department:
159+15 (A) under IC 4-6-10-4 within the state Medicaid fraud
160+16 control unit established by IC 4-6-10-1; and
161+17 (B) under IC 4-6-13-10 within the identity theft unit
162+18 established by IC 4-6-13-2.
163+19 SECTION 6. IC 35-31.5-2-185, AS AMENDED BY P.L.122-2023,
164+20 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
165+21 JULY 1, 2024]: Sec. 185. (a) "Law enforcement officer" means:
166+22 (1) a police officer (including a tribal police officer, a correctional
167+23 police officer, and a hospital police officer employed by a hospital
168+24 police department established under IC 16-18-4), sheriff,
169+25 constable, marshal, prosecuting attorney, special prosecuting
170+26 attorney, special deputy prosecuting attorney, the securities
171+27 commissioner, or the inspector general;
172+28 (2) a deputy of any of those persons;
173+29 (3) an investigator for a prosecuting attorney or for the inspector
174+30 general;
175+31 (4) a conservation officer;
176+32 (5) an enforcement officer of the alcohol and tobacco
177+33 commission;
178+34 (6) an enforcement officer of the securities division of the office
179+35 of the secretary of state; or
180+36 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
181+37 control officer employed by the gaming control division under
182+38 IC 4-33-20; or
183+39 (8) an investigator of the office of the attorney general who is
184+40 designated as a law enforcement officer under IC 4-6-10-4 or
185+41 IC 4-6-13-10.
186+42 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
187+2024 IN 1132—LS 6586/DI 116 5
188+1 includes an alcoholic beverage enforcement officer, as set forth in
189+2 IC 35-42-2-1.
190+3 (c) "Law enforcement officer", for purposes of IC 35-45-15,
191+4 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
192+5 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
193+6 IC 35-44.1-3-2, includes a school resource officer (as defined in
194+7 IC 20-26-18.2-1) and a school corporation police officer appointed
195+8 under IC 20-26-16.
196+9 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
197+10 meaning set forth in IC 35-40.5-1-1.
198+2024 IN 1132—LS 6586/DI 116