1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1150 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 31-34. |
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7 | 7 | | Synopsis: Juvenile victims of human trafficking. Provides that if a |
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8 | 8 | | petition alleges that a child is a child in need of services as a victim of |
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9 | 9 | | human or sexual trafficking, the juvenile court shall make a |
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10 | 10 | | determination on the petition and: (1) the child shall not be required to |
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11 | 11 | | admit or deny the allegation; and (2) the petitioner must prove the |
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12 | 12 | | allegation by a preponderance of the evidence. Requires that before or |
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13 | 13 | | at the initial hearing, the court shall appoint an attorney for a child |
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14 | 14 | | alleged to be a child in need of services as a victim of human or sexual |
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15 | 15 | | trafficking. |
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16 | 16 | | Effective: July 1, 2024. |
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17 | 17 | | Goss-Reaves, DeVon |
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18 | 18 | | January 8, 2024, read first time and referred to Committee on Judiciary. |
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19 | 19 | | 2024 IN 1150—LS 6519/DI 119 Introduced |
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20 | 20 | | Second Regular Session of the 123rd General Assembly (2024) |
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21 | 21 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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22 | 22 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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23 | 23 | | additions will appear in this style type, and deletions will appear in this style type. |
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24 | 24 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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25 | 25 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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26 | 26 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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27 | 27 | | a new provision to the Indiana Code or the Indiana Constitution. |
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28 | 28 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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29 | 29 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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30 | 30 | | HOUSE BILL No. 1150 |
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31 | 31 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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32 | 32 | | family law and juvenile law. |
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33 | 33 | | Be it enacted by the General Assembly of the State of Indiana: |
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34 | 34 | | 1 SECTION 1. IC 31-34-1-3.5, AS AMENDED BY P.L.142-2020, |
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35 | 35 | | 2 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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36 | 36 | | 3 JULY 1, 2024]: Sec. 3.5. (a) A child is a child in need of services if, |
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37 | 37 | | 4 before the child becomes eighteen (18) years of age: |
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38 | 38 | | 5 (1) the child is the victim of human or sexual trafficking (as |
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39 | 39 | | 6 defined in IC 31-9-2-133.1); and |
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40 | 40 | | 7 (2) the child needs care, treatment, or rehabilitation that: |
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41 | 41 | | 8 (A) the child is not receiving; and |
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42 | 42 | | 9 (B) is unlikely to be provided or accepted without the coercive |
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43 | 43 | | 10 intervention of the court. |
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44 | 44 | | 11 (b) A child is considered a victim of human or sexual trafficking |
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45 | 45 | | 12 regardless of whether the child consented to the conduct described in |
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46 | 46 | | 13 subsection (a)(1). |
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47 | 47 | | 14 (c) Before or at the initial hearing described in IC 31-34-10-2, |
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48 | 48 | | 15 the court shall appoint an attorney for the child under this section. |
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49 | 49 | | 16 SECTION 2. IC 31-34-10-7, AS AMENDED BY P.L.46-2016, |
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50 | 50 | | 17 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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51 | 51 | | 2024 IN 1150—LS 6519/DI 119 2 |
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52 | 52 | | 1 JULY 1, 2024]: Sec. 7. (a) If a petition alleges that the child is a child |
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53 | 53 | | 2 in need of services under IC 31-34-1-6, or IC 31-34-1-3.5, the juvenile |
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54 | 54 | | 3 court shall determine whether the child admits or denies the |
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55 | 55 | | 4 allegations. A failure to respond constitutes a denial. |
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56 | 56 | | 5 (b) If a petition alleges that a child is a child in need of services |
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57 | 57 | | 6 under IC 31-34-1-3.5, the juvenile court shall make a |
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58 | 58 | | 7 determination on the petition and the child shall not be required to |
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59 | 59 | | 8 admit or deny the allegation. The petitioner must prove the |
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60 | 60 | | 9 allegation by a preponderance of the evidence. |
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61 | 61 | | 2024 IN 1150—LS 6519/DI 119 |
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