Indiana 2024 Regular Session

Indiana House Bill HB1269 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. 1269
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 34-26-5-3; IC 35-33-1-1.
7	7	Synopsis: Domestic violence reports. Removes language concerning
8	8	an affidavit from provisions concerning probable cause for battery and
9	9	domestic battery. Requires a law enforcement officer to provide a
10	10	victim who requests a protection order with the required forms and
11	11	appropriate assistance in completing and filing the forms.
12	12	Effective: July 1, 2024.
13	13	Hatcher
14	14	January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
15	15	2024 IN 1269—LS 6402/DI 151 Introduced
16	16	Second Regular Session of the 123rd General Assembly (2024)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2023 Regular Session of the General Assembly.
26	26	HOUSE BILL No. 1269
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning civil
28	28	law and procedure.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 34-26-5-3, AS AMENDED BY P.L.161-2018,
31	31	2 SECTION 107, IS AMENDED TO READ AS FOLLOWS
32	32	3 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The office of judicial
33	33	4 administration shall:
34	34	5 (1) develop and adopt:
35	35	6 (A) a petition for an order for protection;
36	36	7 (B) an order for protection, including:
37	37	8 (i) orders issued under this chapter;
38	38	9 (ii) ex parte orders;
39	39	10 (iii) no contact orders under IC 31 and IC 35;
40	40	11 (iv) forms relating to workplace violence restraining orders
41	41	12 under IC 34-26-6; and
42	42	13 (v) forms relating to a child protective order under
43	43	14 IC 31-34-2.3;
44	44	15 (C) a confidential form;
45	45	16 (D) a notice of modification or extension for an order for
46	46	17 protection, a no contact order, a workplace violence restraining
47	47	2024 IN 1269—LS 6402/DI 151 2
48	48	1 order, or a child protective order;
49	49	2 (E) a notice of termination for an order for protection, a no
50	50	3 contact order, a workplace violence restraining order, or a
51	51	4 child protective order; and
52	52	5 (F) any other uniform statewide forms necessary to maintain
53	53	6 an accurate registry of orders; and
54	54	7 (2) provide the forms under subdivision (1):
55	55	8 (A) to the clerk of each court authorized to issue the orders;
56	56	9 and
57	57	10 (B) necessary to file for an order for protection to every
58	58	11 law enforcement agency that has jurisdiction in the county.
59	59	12 (b) In addition to any other required information, a petition for an
60	60	13 order for protection must contain a statement listing each civil or
61	61	14 criminal action involving:
62	62	15 (1) either party; or
63	63	16 (2) a child of either party.
64	64	17 (c) The following statements must be printed in boldface type or in
65	65	18 capital letters on an order for protection, a no contact order, a
66	66	19 workplace violence restraining order, or a child protective order:
67	67	20 VIOLATION OF THIS ORDER IS PUNISHABLE BY
68	68	21 CONFINEMENT IN JAIL, PRISON, AND/OR A FINE.
69	69	22 IF SO ORDERED BY THE COURT, THE RESPONDENT IS
70	70	23 FORBIDDEN TO ENTER OR STAY AT THE PETITIONER'S
71	71	24 RESIDENCE OR RESIDENCE OF ANY CHILD WHO IS THE
72	72	25 SUBJECT OF THE ORDER, EVEN IF INVITED TO DO SO BY
73	73	26 THE PETITIONER OR ANY OTHER PERSON. IN NO EVENT
74	74	27 IS THE ORDER FOR PROTECTION VOIDED.
75	75	28 PURSUANT TO 18 U.S.C. 2265, THIS ORDER FOR
76	76	29 PROTECTION SHALL BE GIVEN FULL FAITH AND CREDIT
77	77	30 IN ANY OTHER STATE OR TRIBAL LAND AND SHALL BE
78	78	31 ENFORCED AS IF IT WERE AN ORDER ISSUED IN THAT
79	79	32 STATE OR TRIBAL LAND. PURSUANT TO 18 U.S.C. 922(g),
80	80	33 ONCE A RESPONDENT HAS RECEIVED NOTICE OF THIS
81	81	34 ORDER AND AN OPPORTUNITY TO BE HEARD, IT IS A
82	82	35 FEDERAL VIOLATION TO PURCHASE, RECEIVE, OR
83	83	36 POSSESS A FIREARM WHILE SUBJECT TO THIS ORDER IF
84	84	37 THE PROTECTED PERSON IS:
85	85	38 (A) THE RESPONDENT'S CURRENT OR FORMER
86	86	39 SPOUSE;
87	87	40 (B) A CURRENT OR FORMER PERSON WITH WHOM
88	88	41 THE RESPONDENT RESIDED WHILE IN AN INTIMATE
89	89	42 RELATIONSHIP; OR
90	90	2024 IN 1269—LS 6402/DI 151 3
91	91	1 (C) A PERSON WITH WHOM THE RESPONDENT HAS A
92	92	2 CHILD.
93	93	3 INTERSTATE VIOLATION OF THIS ORDER MAY SUBJECT
94	94	4 THE RESPONDENT TO FEDERAL CRIMINAL PENALTIES
95	95	5 UNDER 18 U.S.C. 2261 AND 18 U.S.C. 2262.
96	96	6 (d) The clerk of the circuit court, or a person or entity designated by
97	97	7 the clerk of the circuit court, or a law enforcement officer shall
98	98	8 provide to a person requesting an order for protection:
99	99	9 (1) the forms adopted under subsection (a);
100	100	10 (2) all other forms required to petition for an order for protection,
101	101	11 including forms:
102	102	12 (A) necessary for service; and
103	103	13 (B) required under IC 31-21 (or IC 31-17-3 before its repeal);
104	104	14 and
105	105	15 (3) clerical assistance in reading or completing the forms and
106	106	16 filing the petition. A law enforcement officer who provides the
107	107	17 forms to a victim of domestic battery or harassment shall,
108	108	18 unless the victim refuses assistance:
109	109	19 (A) remain with the victim while the victim completes the
110	110	20 forms; and
111	111	21 (B) as soon as practicable, file the forms with the
112	112	22 appropriate court.
113	113	23 Clerical assistance provided by the clerk, or court personnel, or a law
114	114	24 enforcement officer under this section does not constitute the practice
115	115	25 of law. The clerk of the circuit court may enter into a contract with a
116	116	26 person or another entity to provide this assistance. A person, other than
117	117	27 a person or other entity with whom the clerk has entered into a contract
118	118	28 to provide assistance, who in good faith performs the duties the person
119	119	29 is required to perform under this subsection is not liable for civil
120	120	30 damages that might otherwise be imposed on the person as a result of
121	121	31 the performance of those duties unless the person commits an act or
122	122	32 omission that amounts to gross negligence or willful and wanton
123	123	33 misconduct.
124	124	34 (e) A petition for an order for protection must be:
125	125	35 (1) verified or under oath under Trial Rule 11; and
126	126	36 (2) issued on the forms adopted under subsection (a).
127	127	37 (f) If an order for protection is issued under this chapter, the clerk
128	128	38 shall comply with IC 5-2-9.
129	129	39 (g) After receiving a petition for an order for protection, the clerk of
130	130	40 the circuit court shall immediately enter the case in the Indiana
131	131	41 protective order registry established by IC 5-2-9-5.5.
132	132	42 SECTION 2. IC 35-33-1-1, AS AMENDED BY P.L.112-2023,
133	133	2024 IN 1269—LS 6402/DI 151 4
134	134	1 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
135	135	2 JULY 1, 2024]: Sec. 1. (a) A law enforcement officer may arrest a
136	136	3 person when the officer has:
137	137	4 (1) a warrant commanding that the person be arrested;
138	138	5 (2) probable cause to believe the person has committed or
139	139	6 attempted to commit, or is committing or attempting to commit,
140	140	7 a felony;
141	141	8 (3) probable cause to believe the person has violated the
142	142	9 provisions of IC 9-26-1-1.1 or IC 9-30-5;
143	143	10 (4) probable cause to believe the person is committing or
144	144	11 attempting to commit a misdemeanor in the officer's presence;
145	145	12 (5) probable cause to believe the person has committed a:
146	146	13 (A) battery resulting in bodily injury under IC 35-42-2-1; or
147	147	14 (B) domestic battery under IC 35-42-2-1.3;
148	148	15 The officer may use an affidavit executed by an individual alleged
149	149	16 to have direct knowledge of the incident alleging the elements of
150	150	17 the offense of battery to establish probable cause;
151	151	18 (6) probable cause to believe that the person violated
152	152	19 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
153	153	20 (7) probable cause to believe that the person violated
154	154	21 IC 35-47-2-1.5 (unlawful carrying of a handgun) or IC 35-47-2-22
155	155	22 (counterfeit handgun license);
156	156	23 (8) probable cause to believe that the person is violating or has
157	157	24 violated an order issued under IC 35-50-7;
158	158	25 (9) probable cause to believe that the person is violating or has
159	159	26 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
160	160	27 device);
161	161	28 (10) probable cause to believe that the person is:
162	162	29 (A) violating or has violated IC 35-45-2-5 (interference with
163	163	30 the reporting of a crime); and
164	164	31 (B) interfering with or preventing the reporting of a crime
165	165	32 involving domestic or family violence (as defined in
166	166	33 IC 34-6-2-34.5);
167	167	34 (11) probable cause to believe that the person has committed theft
168	168	35 (IC 35-43-4-2);
169	169	36 (12) a removal order issued for the person by an immigration
170	170	37 court;
171	171	38 (13) a detainer or notice of action for the person issued by the
172	172	39 United States Department of Homeland Security; or
173	173	40 (14) probable cause to believe that the person has been indicted
174	174	41 for or convicted of one (1) or more aggravated felonies (as
175	175	42 defined in 8 U.S.C. 1101(a)(43)).
176	176	2024 IN 1269—LS 6402/DI 151 5
177	177	1 (b) A person who:
178	178	2 (1) is employed full time as a federal enforcement officer;
179	179	3 (2) is empowered to effect an arrest with or without warrant for a
180	180	4 violation of the United States Code; and
181	181	5 (3) is authorized to carry firearms in the performance of the
182	182	6 person's duties;
183	183	7 may act as an officer for the arrest of offenders against the laws of this
184	184	8 state where the person reasonably believes that a felony has been or is
185	185	9 about to be committed or attempted in the person's presence.
186	186	10 (c) A law enforcement officer who arrests a child or takes a child
187	187	11 into custody as described in IC 31-37-4-3.5 shall make a reasonable
188	188	12 attempt to notify:
189	189	13 (1) the child's parent, guardian, or custodian; or
190	190	14 (2) the emergency contact listed on the child's school record;
191	191	15 that the child has been arrested or taken into custody.
192	192	2024 IN 1269—LS 6402/DI 151