Indiana 2024 Regular Session

Indiana House Bill HB1291 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. 1291
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 1-1-4-8; IC 3-6-11-2.6; IC 3-7-26.4-8;
7	7	IC 4-15-2.2; IC 5-2; IC 6-3.6-7-12.5; IC 9-24; IC 11-8-2-9;
8	8	IC 12-9-2-3; IC 12-9.1-2-3; IC 12-13-5-1; IC 12-15-44.5-3.5;
9	9	IC 12-20-5.5-1; IC 12-21-2-3; IC 12-23-18-8; IC 12-32-1-4;
10	10	IC 16-19-10; IC 16-21-6-6; IC 16-34-2-5; IC 16-38-5-2;
11	11	IC 16-41-39.4-3; IC 20-19-3; IC 20-24; IC 20-26-18-6; IC 20-30-5-23;
12	12	IC 20-34-6-1; IC 20-36-3-10; IC 20-51.4-5-3; IC 27-2; IC 31-11-1;
13	13	IC 31-33-18-1.5; IC 31-34-21-7.3; IC 31-35-1.5-5; IC 31-37-8.5-6;
14	14	IC 31-40-5-4; IC 33-33-45-35; IC 33-41-1-2.
15	15	Synopsis: Gender based terms. Defines specific terms for purposes of
16	16	certain statutes that concern sex discrimination and benefits and
17	17	services that are designated based upon sex. Provides exceptions.
18	18	Replaces the term "gender" with the phrase "biological sex" in certain
19	19	statutes in which the term is used to describe the condition of being
20	20	physically male or female.
21	21	Effective: July 1, 2024.
22	22	Judy, King, Davis, Morris
23	23	January 9, 2024, read first time and referred to Committee on Judiciary.
24	24	2024 IN 1291—LS 6832/DI 149 Introduced
25	25	Second Regular Session of the 123rd General Assembly (2024)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2023 Regular Session of the General Assembly.
35	35	HOUSE BILL No. 1291
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning
37	37	general provisions.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 1-1-4-8 IS ADDED TO THE INDIANA CODE AS
40	40	2 A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1,
41	41	3 2024]: Sec. 8. (a) The following definitions apply to the construction
42	42	4 of all Indiana statutes concerning sex discrimination and benefits
43	43	5 or services that are designated based upon sex:
44	44	6 (1) "Boy" means a male person less than eighteen (18) years
45	45	7 of age.
46	46	8 (2) "Father" means a male parent of a child.
47	47	9 (3) "Female" means a person with a reproductive system that,
48	48	10 but for a medically verifiable genetic disorder of sex
49	49	11 development, at some point produces ova.
50	50	12 (4) "Girl" means a female person less than eighteen (18) years
51	51	13 of age.
52	52	14 (5) "Male" means a person with a reproductive system that,
53	53	15 but for a medically verifiable genetic disorder of sex
54	54	16 development, at some point produces sperm for fertilization
55	55	17 of ova.
56	56	2024 IN 1291—LS 6832/DI 149 2
57	57	1 (6) "Man" means a male person at least eighteen (18) years of
58	58	2 age.
59	59	3 (7) "Medically verifiable genetic disorder of sex development"
60	60	4 means having:
61	61	5 (A) both ovarian and testicular tissue; or
62	62	6 (B) external biological characteristics that are ambiguous
63	63	7 resulting from having a 46,XX karyotype with virilization
64	64	8 or 46,XY karyotype with undervirilization.
65	65	9 (8) "Mother" means a female parent of a child.
66	66	10 (9) "Sex" means the biological, genetic identity of a person as
67	67	11 either male or female. This term does not include gender
68	68	12 identity or any other term that conveys a person's subjective
69	69	13 identification of a term other than male or female.
70	70	14 (10) "Woman" means a female person at least eighteen (18)
71	71	15 years of age.
72	72	16 (b) The definitions in this section do not apply to any state or
73	73	17 federal requirements for an entity to report statistics based upon
74	74	18 an individual's sex or gender.
75	75	19 SECTION 2. IC 3-6-11-2.6 IS AMENDED TO READ AS
76	76	20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2.6. An organization or
77	77	21 individual conducting activities under section 2.5 of this chapter shall
78	78	22 follow the following procedures:
79	79	23 (1) Submit a list of poll takers to the person designated by the
80	80	24 college or university.
81	81	25 (2) If the student housing is not covered by a policy limiting
82	82	26 visitation by members of the other gender biological sex in the
83	83	27 living areas of the student housing, conduct the activities
84	84	28 permitted under section 2.5 of this chapter between 10 a.m. and
85	85	29 8 p.m.
86	86	30 (3) If the student housing is covered by a policy limiting visitation
87	87	31 by members of the other gender biological sex in the living areas
88	88	32 of the student housing, conduct the activities permitted under
89	89	33 section 2.5 of this chapter during the most restrictive of the
90	90	34 following times:
91	91	35 (A) Between 10 a.m. and 8 p.m.
92	92	36 (B) During the hours visitation is permitted.
93	93	37 SECTION 3. IC 3-7-26.4-8, AS ADDED BY P.L.81-2005,
94	94	38 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
95	95	39 JULY 1, 2024]: Sec. 8. (a) This section applies to a person other than
96	96	40 a registered voter requesting information about the registered voter.
97	97	41 (b) After a person files a request with the election division for voter
98	98	42 registration information compiled under this chapter, the election
99	99	2024 IN 1291—LS 6832/DI 149 3
100	100	1 division shall provide a compilation of the information from the
101	101	2 computerized list to the person, redacting the information described in
102	102	3 subsection (c).
103	103	4 (c) The election division shall not provide information under this
104	104	5 section concerning any of the following information concerning a
105	105	6 voter:
106	106	7 (1) Date of birth.
107	107	8 (2) Gender. Biological sex.
108	108	9 (3) Telephone number or electronic mail address.
109	109	10 (4) Voting history.
110	110	11 (5) A voter identification number or another unique field
111	111	12 established to identify a voter.
112	112	13 (6) The date of registration of the voter.
113	113	14 SECTION 4. IC 4-15-2.2-12, AS ADDED BY P.L.229-2011,
114	114	15 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
115	115	16 JULY 1, 2024]: Sec. 12. (a) This chapter shall be liberally construed so
116	116	17 as to increase governmental efficiency and responsiveness and to
117	117	18 ensure the employment of qualified persons in the state classified
118	118	19 service on the basis of the following merit principles:
119	119	20 (1) Recruitment, selection, and promotion of employees on the
120	120	21 basis of an individual's relative ability, knowledge, and skills.
121	121	22 (2) The provision of equitable and adequate compensation.
122	122	23 (3) The training of employees to ensure high quality performance.
123	123	24 (4) The retention of employees based on:
124	124	25 (A) the quality of the employees' performance; and
125	125	26 (B) the correction of inadequate performance;
126	126	27 and the dismissal of employees whose inadequate performance is
127	127	28 not corrected.
128	128	29 (5) Fair treatment of applicants and employees in all aspects of
129	129	30 personnel administration:
130	130	31 (A) without regard to political affiliation, race, color, national
131	131	32 origin, gender, biological sex, religious creed, age, or
132	132	33 disability; and
133	133	34 (B) with proper regard for the applicants' and employees'
134	134	35 privacy and constitutional rights as citizens.
135	135	36 (6) Protection of employees from coercion for partisan political
136	136	37 purposes, and prohibition on an employee using the employee's
137	137	38 official authority to interfere with, or affect the result of, an
138	138	39 election or nomination for political office.
139	139	40 (b) All employment matters in the state classified service are guided
140	140	41 by the merit principles set forth in subsection (a).
141	141	42 (c) The personnel administration systems adopted under this chapter
142	142	2024 IN 1291—LS 6832/DI 149 4
143	143	1 govern and limit all other state employment matters and every
144	144	2 appointing authority.
145	145	3 SECTION 5. IC 4-15-2.2-44, AS ADDED BY P.L.229-2011,
146	146	4 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
147	147	5 JULY 1, 2024]: Sec. 44. (a) An officer or employee implementing or
148	148	6 administering this chapter may not consider the gender biological sex
149	149	7 or the political, religious, or racial characteristics of a classified
150	150	8 employee.
151	151	9 (b) A classified employee may not be compelled to make political
152	152	10 contributions or participate in any form of political activity.
153	153	11 SECTION 6. IC 5-2-1-9, AS AMENDED BY P.L.170-2023,
154	154	12 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
155	155	13 JULY 1, 2024]: Sec. 9. (a) The board shall adopt in accordance with
156	156	14 IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
157	157	15 The rules, which shall be adopted only after necessary and proper
158	158	16 investigation and inquiry by the board, shall include the establishment
159	159	17 of the following:
160	160	18 (1) A consistent and uniform statewide deadly force policy and
161	161	19 training program, that is consistent with state and federal law.
162	162	20 Upon adoption by the law enforcement training board, the policy
163	163	21 and training program must be implemented, without modification,
164	164	22 by all Indiana law enforcement agencies, offices, or departments.
165	165	23 (2) A consistent and uniform statewide defensive tactics policy
166	166	24 and training program, that is consistent with state and federal law.
167	167	25 Upon adoption by the law enforcement training board, the policy
168	168	26 and training program must be implemented, without modification,
169	169	27 by all Indiana law enforcement agencies, offices, or departments.
170	170	28 (3) A uniform statewide minimum standard for vehicle pursuits
171	171	29 consistent with state and federal law.
172	172	30 (4) Minimum standards of physical, educational, mental, and
173	173	31 moral fitness which shall govern the acceptance of any person for
174	174	32 training by any law enforcement training school or academy
175	175	33 meeting or exceeding the minimum standards established
176	176	34 pursuant to this chapter.
177	177	35 (5) Minimum standards for law enforcement training schools
178	178	36 administered by towns, cities, counties, law enforcement training
179	179	37 centers, agencies, or departments of the state.
180	180	38 (6) Minimum standards for courses of study, attendance
181	181	39 requirements, equipment, and facilities for approved town, city,
182	182	40 county, and state law enforcement officer, police reserve officer,
183	183	41 and conservation reserve officer training schools.
184	184	42 (7) Minimum standards for a course of study on cultural diversity
185	185	2024 IN 1291—LS 6832/DI 149 5
186	186	1 awareness, including training on the U nonimmigrant visa created
187	187	2 through the federal Victims of Trafficking and Violence
188	188	3 Protection Act of 2000 (P.L. 106-386) that must be required for
189	189	4 each person accepted for training at a law enforcement training
190	190	5 school or academy. Cultural diversity awareness study must
191	191	6 include an understanding of cultural issues related to race,
192	192	7 religion, gender, biological sex, age, domestic violence, national
193	193	8 origin, and physical and mental disabilities.
194	194	9 (8) Minimum qualifications for instructors at approved law
195	195	10 enforcement training schools.
196	196	11 (9) Minimum basic training requirements which law enforcement
197	197	12 officers appointed to probationary terms shall complete before
198	198	13 being eligible for continued or permanent employment.
199	199	14 (10) Minimum basic training requirements which law
200	200	15 enforcement officers appointed on other than a permanent basis
201	201	16 shall complete in order to be eligible for continued employment
202	202	17 or permanent appointment.
203	203	18 (11) Minimum basic training requirements which law
204	204	19 enforcement officers appointed on a permanent basis shall
205	205	20 complete in order to be eligible for continued employment.
206	206	21 (12) Minimum basic training requirements for each person
207	207	22 accepted for training at a law enforcement training school or
208	208	23 academy that include six (6) hours of training in interacting with:
209	209	24 (A) persons with autism, mental illness, addictive disorders,
210	210	25 intellectual disabilities, and developmental disabilities;
211	211	26 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
212	212	27 and
213	213	28 (C) persons with Alzheimer's disease or related senile
214	214	29 dementia;
215	215	30 to be provided by persons approved by the secretary of family and
216	216	31 social services and the board. The training must include an
217	217	32 overview of the crisis intervention teams.
218	218	33 (13) Minimum standards for a course of study on human and
219	219	34 sexual trafficking that must be required for each person accepted
220	220	35 for training at a law enforcement training school or academy and
221	221	36 for inservice training programs for law enforcement officers. The
222	222	37 course must cover the following topics:
223	223	38 (A) Examination of the human and sexual trafficking laws (IC
224	224	39 35-42-3.5).
225	225	40 (B) Identification of human and sexual trafficking.
226	226	41 (C) Communicating with traumatized persons.
227	227	42 (D) Therapeutically appropriate investigative techniques.
228	228	2024 IN 1291—LS 6832/DI 149 6
229	229	1 (E) Collaboration with federal law enforcement officials.
230	230	2 (F) Rights of and protections afforded to victims.
231	231	3 (G) Providing documentation that satisfies the Declaration of
232	232	4 Law Enforcement Officer for Victim of Trafficking in Persons
233	233	5 (Form I-914, Supplement B) requirements established under
234	234	6 federal law.
235	235	7 (H) The availability of community resources to assist human
236	236	8 and sexual trafficking victims.
237	237	9 (14) Minimum standards for ongoing specialized, intensive, and
238	238	10 integrative training for persons responsible for investigating
239	239	11 sexual assault cases involving adult victims. This training must
240	240	12 include instruction on:
241	241	13 (A) the neurobiology of trauma;
242	242	14 (B) trauma informed interviewing; and
243	243	15 (C) investigative techniques.
244	244	16 (15) Minimum standards for de-escalation training. De-escalation
245	245	17 training shall be taught as a part of existing use-of-force training
246	246	18 and not as a separate topic.
247	247	19 (16) Minimum standards regarding best practices for crowd
248	248	20 control, protests, and First Amendment activities.
249	249	21 (17) Minimum standards for basic training and inservice training
250	250	22 programs, which may be completed online or by other means of
251	251	23 virtual instruction, that occur after December 31, 2024, and that
252	252	24 address the mental health and wellness of law enforcement
253	253	25 officers including:
254	254	26 (A) healthy coping skills to preserve the mental health of law
255	255	27 enforcement officers and manage the stress and trauma of
256	256	28 policing;
257	257	29 (B) recognizing:
258	258	30 (i) symptoms of posttraumatic stress disorder; and
259	259	31 (ii) signs of suicidal behavior; and
260	260	32 (C) information on mental health resources available for law
261	261	33 enforcement officers.
262	262	34 All statewide policies and minimum standards shall be documented in
263	263	35 writing and published on the Indiana law enforcement academy (ILEA)
264	264	36 website. Any policy, standard, or training program implemented,
265	265	37 adopted, or promulgated by a vote of the board may only subsequently
266	266	38 be modified or rescinded by a two-thirds (2/3) majority vote of the
267	267	39 board.
268	268	40 (b) A law enforcement officer appointed after July 5, 1972, and
269	269	41 before July 1, 1993, may not enforce the laws or ordinances of the state
270	270	42 or any political subdivision unless the officer has, within one (1) year
271	271	2024 IN 1291—LS 6832/DI 149 7
272	272	1 from the date of appointment, successfully completed the minimum
273	273	2 basic training requirements established under this chapter by the board.
274	274	3 If a person fails to successfully complete the basic training
275	275	4 requirements within one (1) year from the date of employment, the
276	276	5 officer may not perform any of the duties of a law enforcement officer
277	277	6 involving control or direction of members of the public or exercising
278	278	7 the power of arrest until the officer has successfully completed the
279	279	8 training requirements. This subsection does not apply to any law
280	280	9 enforcement officer appointed before July 6, 1972, or after June 30,
281	281	10 1993.
282	282	11 (c) Military leave or other authorized leave of absence from law
283	283	12 enforcement duty during the first year of employment after July 6,
284	284	13 1972, shall toll the running of the first year, which shall be calculated
285	285	14 by the aggregate of the time before and after the leave, for the purposes
286	286	15 of this chapter.
287	287	16 (d) Except as provided in subsections (e), (m), (t), and (u), a law
288	288	17 enforcement officer appointed to a law enforcement department or
289	289	18 agency after June 30, 1993, may not:
290	290	19 (1) make an arrest;
291	291	20 (2) conduct a search or a seizure of a person or property; or
292	292	21 (3) carry a firearm;
293	293	22 unless the law enforcement officer successfully completes, at a board
294	294	23 certified law enforcement academy or at a law enforcement training
295	295	24 center under section 10.5 or 15.2 of this chapter, the basic training
296	296	25 requirements established by the board under this chapter.
297	297	26 (e) This subsection does not apply to:
298	298	27 (1) a gaming agent employed as a law enforcement officer by the
299	299	28 Indiana gaming commission; or
300	300	29 (2) an:
301	301	30 (A) attorney; or
302	302	31 (B) investigator;
303	303	32 designated by the securities commissioner as a police officer of
304	304	33 the state under IC 23-19-6-1(k).
305	305	34 Before a law enforcement officer appointed after June 30, 1993,
306	306	35 completes the basic training requirements, the law enforcement officer
307	307	36 may exercise the police powers described in subsection (d) if the
308	308	37 officer successfully completes the pre-basic course established in
309	309	38 subsection (f). Successful completion of the pre-basic course authorizes
310	310	39 a law enforcement officer to exercise the police powers described in
311	311	40 subsection (d) for one (1) year after the date the law enforcement
312	312	41 officer is appointed.
313	313	42 (f) The board shall adopt rules under IC 4-22-2 to establish a
314	314	2024 IN 1291—LS 6832/DI 149 8
315	315	1 pre-basic course for the purpose of training:
316	316	2 (1) law enforcement officers;
317	317	3 (2) police reserve officers (as described in IC 36-8-3-20); and
318	318	4 (3) conservation reserve officers (as described in IC 14-9-8-27);
319	319	5 regarding the subjects of arrest, search and seizure, the lawful use of
320	320	6 force, de-escalation training, interacting with individuals with autism,
321	321	7 and the operation of an emergency vehicle. The pre-basic course must
322	322	8 be offered on a periodic basis throughout the year at regional sites
323	323	9 statewide. The pre-basic course must consist of at least forty (40) hours
324	324	10 of course work. The board may prepare the classroom part of the
325	325	11 pre-basic course using available technology in conjunction with live
326	326	12 instruction. The board shall provide the course material, the instructors,
327	327	13 and the facilities at the regional sites throughout the state that are used
328	328	14 for the pre-basic course. In addition, the board may certify pre-basic
329	329	15 courses that may be conducted by other public or private training
330	330	16 entities, including postsecondary educational institutions.
331	331	17 (g) Subject to subsection (h), the board shall adopt rules under
332	332	18 IC 4-22-2 to establish a mandatory inservice training program for
333	333	19 police officers and police reserve officers (as described in
334	334	20 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
335	335	21 satisfactorily completed basic training and has been appointed to a law
336	336	22 enforcement department or agency on either a full-time or part-time
337	337	23 basis is not eligible for continued employment unless the officer
338	338	24 satisfactorily completes the mandatory inservice training requirements
339	339	25 established by rules adopted by the board. Inservice training must
340	340	26 include de-escalation training. Inservice training must also include:
341	341	27 (1) training:
342	342	28 (A) in interacting with persons with mental illness, addictive
343	343	29 disorders, intellectual disabilities, autism, developmental
344	344	30 disabilities, and Alzheimer's disease or related senile
345	345	31 dementia; and
346	346	32 (B) provided by persons approved by the secretary of family
347	347	33 and social services and the board;
348	348	34 (2) after December 31, 2024, annual training, which may be
349	349	35 completed online or by other means of virtual instruction, that
350	350	36 addresses the mental health and wellness of law enforcement
351	351	37 officers including:
352	352	38 (A) healthy coping skills to preserve the mental health of law
353	353	39 enforcement officers and manage the stress and trauma of
354	354	40 policing;
355	355	41 (B) recognizing:
356	356	42 (i) symptoms of posttraumatic stress disorder; and
357	357	2024 IN 1291—LS 6832/DI 149 9
358	358	1 (ii) signs of suicidal behavior; and
359	359	2 (C) information on mental health resources available for law
360	360	3 enforcement officers; and
361	361	4 (3) training concerning:
362	362	5 (A) human and sexual trafficking; and
363	363	6 (B) high risk missing persons (as defined in IC 5-2-17-1).
364	364	7 The board may approve courses offered by other public or private
365	365	8 training entities, including postsecondary educational institutions, as
366	366	9 necessary in order to ensure the availability of an adequate number of
367	367	10 inservice training programs. The board may waive an officer's inservice
368	368	11 training requirements if the board determines that the officer's reason
369	369	12 for lacking the required amount of inservice training hours is due to
370	370	13 either an emergency situation or the unavailability of courses.
371	371	14 (h) This subsection applies only to a mandatory inservice training
372	372	15 program under subsection (g). Notwithstanding subsection (g), the
373	373	16 board may, without adopting rules under IC 4-22-2, modify the course
374	374	17 work of a training subject matter, modify the number of hours of
375	375	18 training required within a particular subject matter, or add a new
376	376	19 subject matter, if the board satisfies the following requirements:
377	377	20 (1) The board must conduct at least two (2) public meetings on
378	378	21 the proposed modification or addition.
379	379	22 (2) After approving the modification or addition at a public
380	380	23 meeting, the board must post notice of the modification or
381	381	24 addition on the Indiana law enforcement academy's website at
382	382	25 least thirty (30) days before the modification or addition takes
383	383	26 effect.
384	384	27 If the board does not satisfy the requirements of this subsection, the
385	385	28 modification or addition is void. This subsection does not authorize the
386	386	29 board to eliminate any inservice training subject matter required under
387	387	30 subsection (g).
388	388	31 (i) The board shall also adopt rules establishing a town marshal and
389	389	32 conservancy district marshal basic training program, subject to the
390	390	33 following:
391	391	34 (1) The program must require fewer hours of instruction and class
392	392	35 attendance and fewer courses of study than are required for the
393	393	36 mandated basic training program.
394	394	37 (2) Certain parts of the course materials may be studied by a
395	395	38 candidate at the candidate's home in order to fulfill requirements
396	396	39 of the program.
397	397	40 (3) Law enforcement officers successfully completing the
398	398	41 requirements of the program are eligible for appointment only in
399	399	42 towns employing the town marshal system (IC 36-5-7) or a
400	400	2024 IN 1291—LS 6832/DI 149 10
401	401	1 conservancy district that employs a conservancy district marshal
402	402	2 under IC 14-33-25 and having not more than one (1) marshal and
403	403	3 six (6) deputies.
404	404	4 (4) The limitation imposed by subdivision (3) does not apply to an
405	405	5 officer who has successfully completed the mandated basic
406	406	6 training program.
407	407	7 (5) The time limitations imposed by subsections (b) and (c) for
408	408	8 completing the training are also applicable to the marshal basic
409	409	9 training program.
410	410	10 (6) The program must require training in interacting with
411	411	11 individuals with autism.
412	412	12 (j) The board shall adopt rules under IC 4-22-2 to establish an
413	413	13 executive training program. The executive training program must
414	414	14 include training in the following areas:
415	415	15 (1) Liability.
416	416	16 (2) Media relations.
417	417	17 (3) Accounting and administration.
418	418	18 (4) Discipline.
419	419	19 (5) Department policy making.
420	420	20 (6) Lawful use of force and de-escalation training.
421	421	21 (7) Department programs.
422	422	22 (8) Emergency vehicle operation.
423	423	23 (9) Cultural diversity.
424	424	24 (10) After December 31, 2024, mental health and wellness and
425	425	25 suicide prevention of law enforcement officers. The training
426	426	26 requirement under this subdivision may be provided as part of an
427	427	27 online course or by other means of virtual instruction.
428	428	28 (k) A police chief shall apply for admission to the executive training
429	429	29 program within two (2) months of the date the police chief initially
430	430	30 takes office. A police chief must successfully complete the executive
431	431	31 training program within six (6) months of the date the police chief
432	432	32 initially takes office. However, if space in the executive training
433	433	33 program is not available at a time that will allow completion of the
434	434	34 executive training program within six (6) months of the date the police
435	435	35 chief initially takes office, the police chief must successfully complete
436	436	36 the next available executive training program that is offered after the
437	437	37 police chief initially takes office.
438	438	38 (l) A police chief who fails to comply with subsection (k) may not
439	439	39 continue to serve as the police chief until completion of the executive
440	440	40 training program. For the purposes of this subsection and subsection
441	441	41 (k), "police chief" refers to:
442	442	42 (1) the police chief of any city;
443	443	2024 IN 1291—LS 6832/DI 149 11
444	444	1 (2) the police chief of any town having a metropolitan police
445	445	2 department; and
446	446	3 (3) the chief of a consolidated law enforcement department
447	447	4 established under IC 36-3-1-5.1.
448	448	5 A town marshal or a conservancy district marshal is not considered to
449	449	6 be a police chief for these purposes, but a town marshal or a
450	450	7 conservancy district marshal may enroll in the executive training
451	451	8 program.
452	452	9 (m) A fire investigator in the department of homeland security
453	453	10 appointed after December 31, 1993, is required to comply with the
454	454	11 basic training standards established under this chapter.
455	455	12 (n) The board shall adopt rules under IC 4-22-2 to establish a
456	456	13 program to certify handgun safety courses, including courses offered
457	457	14 in the private sector, that meet standards approved by the board for
458	458	15 training probation officers in handgun safety as required by
459	459	16 IC 11-13-1-3.5(2).
460	460	17 (o) The board shall adopt rules under IC 4-22-2 to establish a
461	461	18 refresher course for an officer who:
462	462	19 (1) is hired by an Indiana law enforcement department or agency
463	463	20 as a law enforcement officer;
464	464	21 (2) has not been employed as a law enforcement officer for:
465	465	22 (A) at least two (2) years; and
466	466	23 (B) less than six (6) years before the officer is hired under
467	467	24 subdivision (1); and
468	468	25 (3) completed at any time a basic training course certified or
469	469	26 recognized by the board before the officer is hired under
470	470	27 subdivision (1).
471	471	28 (p) An officer to whom subsection (o) applies must successfully
472	472	29 complete the refresher course described in subsection (o) not later than
473	473	30 six (6) months after the officer's date of hire, or the officer loses the
474	474	31 officer's powers of:
475	475	32 (1) arrest;
476	476	33 (2) search; and
477	477	34 (3) seizure.
478	478	35 (q) The board shall adopt rules under IC 4-22-2 to establish a
479	479	36 refresher course for an officer who:
480	480	37 (1) is appointed by an Indiana law enforcement department or
481	481	38 agency as a reserve police officer; and
482	482	39 (2) has not worked as a reserve police officer for at least two (2)
483	483	40 years after:
484	484	41 (A) completing the pre-basic course; or
485	485	42 (B) leaving the individual's last appointment as a reserve
486	486	2024 IN 1291—LS 6832/DI 149 12
487	487	1 police officer.
488	488	2 An officer to whom this subsection applies must successfully complete
489	489	3 the refresher course established by the board in order to work as a
490	490	4 reserve police officer.
491	491	5 (r) This subsection applies to an individual who, at the time the
492	492	6 individual completes a board certified or recognized basic training
493	493	7 course, has not been appointed as a law enforcement officer by an
494	494	8 Indiana law enforcement department or agency. If the individual is not
495	495	9 employed as a law enforcement officer for at least two (2) years after
496	496	10 completing the basic training course, the individual must successfully
497	497	11 retake and complete the basic training course as set forth in subsection
498	498	12 (d).
499	499	13 (s) The board shall adopt rules under IC 4-22-2 to establish a
500	500	14 refresher course for an individual who:
501	501	15 (1) is appointed as a board certified instructor of law enforcement
502	502	16 training; and
503	503	17 (2) has not provided law enforcement training instruction for
504	504	18 more than one (1) year after the date the individual's instructor
505	505	19 certification expired.
506	506	20 An individual to whom this subsection applies must successfully
507	507	21 complete the refresher course established by the board in order to
508	508	22 renew the individual's instructor certification.
509	509	23 (t) This subsection applies only to a gaming agent employed as a
510	510	24 law enforcement officer by the Indiana gaming commission. A gaming
511	511	25 agent appointed after June 30, 2005, may exercise the police powers
512	512	26 described in subsection (d) if:
513	513	27 (1) the agent successfully completes the pre-basic course
514	514	28 established in subsection (f); and
515	515	29 (2) the agent successfully completes any other training courses
516	516	30 established by the Indiana gaming commission in conjunction
517	517	31 with the board.
518	518	32 (u) This subsection applies only to a securities enforcement officer
519	519	33 designated as a law enforcement officer by the securities
520	520	34 commissioner. A securities enforcement officer may exercise the police
521	521	35 powers described in subsection (d) if:
522	522	36 (1) the securities enforcement officer successfully completes the
523	523	37 pre-basic course established in subsection (f); and
524	524	38 (2) the securities enforcement officer successfully completes any
525	525	39 other training courses established by the securities commissioner
526	526	40 in conjunction with the board.
527	527	41 (v) This subsection applies only to a correctional police officer
528	528	42 employed by the department of correction. A correctional police officer
529	529	2024 IN 1291—LS 6832/DI 149 13
530	530	1 may exercise the police powers described in subsection (d) if:
531	531	2 (1) the officer successfully completes the pre-basic course
532	532	3 described in subsection (f); and
533	533	4 (2) the officer successfully completes any other training courses
534	534	5 established by the department of correction in conjunction with
535	535	6 the board.
536	536	7 (w) This subsection applies only to the sexual assault training
537	537	8 described in subsection (a)(14). The board shall:
538	538	9 (1) consult with experts on the neurobiology of trauma, trauma
539	539	10 informed interviewing, and investigative techniques in developing
540	540	11 the sexual assault training; and
541	541	12 (2) develop the sexual assault training and begin offering the
542	542	13 training not later than July 1, 2022.
543	543	14 (x) After July 1, 2023, a law enforcement officer who regularly
544	544	15 investigates sexual assaults involving adult victims must complete the
545	545	16 training requirements described in subsection (a)(14) within one (1)
546	546	17 year of being assigned to regularly investigate sexual assaults involving
547	547	18 adult victims.
548	548	19 (y) A law enforcement officer who regularly investigates sexual
549	549	20 assaults involving adult victims may complete the training
550	550	21 requirements described in subsection (a)(14) by attending a:
551	551	22 (1) statewide or national training; or
552	552	23 (2) department hosted local training.
553	553	24 (z) Notwithstanding any other provisions of this section, the board
554	554	25 is authorized to establish certain required standards of training and
555	555	26 procedure.
556	556	27 SECTION 7. IC 5-2-8-1, AS AMENDED BY P.L.59-2019,
557	557	28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
558	558	29 JULY 1, 2024]: Sec. 1. (a) The following definitions apply in this
559	559	30 section:
560	560	31 (1) "Abuse" means:
561	561	32 (A) conduct that causes bodily injury (as defined in
562	562	33 IC 35-31.5-2-29) or damage to property; or
563	563	34 (B) a threat of conduct that would cause bodily injury (as
564	564	35 defined in IC 35-31.5-2-29) or damage to property.
565	565	36 (2) "County law enforcement agency" includes:
566	566	37 (A) postsecondary educational institution police officers
567	567	38 appointed under IC 21-17-5 or IC 21-39-4; and
568	568	39 (B) school corporation police officers appointed under
569	569	40 IC 20-26-16.
570	570	41 (b) There is established in each county a county law enforcement
571	571	42 continuing education program. The program is funded by amounts
572	572	2024 IN 1291—LS 6832/DI 149 14
573	573	1 appropriated under IC 33-37-8-4 or IC 33-37-8-6.
574	574	2 (c) A county law enforcement agency receiving amounts based upon
575	575	3 claims for law enforcement continuing education funds under
576	576	4 IC 33-37-8-4 or IC 33-37-8-6 shall deposit each fee collected into the
577	577	5 county law enforcement continuing education fund.
578	578	6 (d) Distribution of money in the county law enforcement continuing
579	579	7 education fund shall be made to a county law enforcement agency
580	580	8 without the necessity of first obtaining an appropriation from the
581	581	9 county fiscal body.
582	582	10 (e) Money in excess of one hundred dollars ($100) that is
583	583	11 unencumbered and remains in a county law enforcement continuing
584	584	12 education fund for at least one (1) entire calendar year from the date of
585	585	13 its deposit shall, at the end of a county's fiscal year, be deposited by the
586	586	14 county auditor in the law enforcement academy fund established under
587	587	15 IC 5-2-1-13.
588	588	16 (f) To make a claim under IC 33-37-8-6, a law enforcement agency
589	589	17 shall submit to the fiscal body a verified statement of cause numbers
590	590	18 for fees collected that are attributable to the law enforcement efforts of
591	591	19 that agency.
592	592	20 (g) A law enforcement agency shall submit a claim for fees under
593	593	21 this section in the same county fiscal year in which the fees are
594	594	22 collected under IC 33-37-4.
595	595	23 (h) A county law enforcement agency program shall provide to each
596	596	24 law enforcement officer employed by the county and may provide to
597	597	25 each law enforcement officer employed by a city or town law
598	598	26 enforcement agency within the county continuing education concerning
599	599	27 the following:
600	600	28 (1) Duties of a law enforcement officer in enforcing restraining
601	601	29 orders, protective orders, temporary injunctions, and permanent
602	602	30 injunctions involving abuse.
603	603	31 (2) Guidelines for making felony and misdemeanor arrests in
604	604	32 cases involving abuse.
605	605	33 (3) Techniques for handling incidents of abuse that:
606	606	34 (A) minimize the likelihood of injury to the law enforcement
607	607	35 officer; and
608	608	36 (B) promote the safety of a victim.
609	609	37 (4) Information about the nature and extent of abuse.
610	610	38 (5) Information about the legal rights of and remedies available
611	611	39 to victims of abuse, including the U nonimmigrant visa created
612	612	40 under the federal Victims of Trafficking and Violence Protection
613	613	41 Act of 2000 (P.L. 106-386).
614	614	42 (6) How to document and collect evidence in an abuse case.
615	615	2024 IN 1291—LS 6832/DI 149 15
616	616	1 (7) The legal consequences of abuse.
617	617	2 (8) The impact on children of law enforcement intervention in
618	618	3 abuse cases.
619	619	4 (9) Services and facilities available to victims of abuse and
620	620	5 abusers.
621	621	6 (10) Verification of restraining orders, protective orders,
622	622	7 temporary injunctions, and permanent injunctions.
623	623	8 (11) Policies concerning arrest or release of suspects in abuse
624	624	9 cases.
625	625	10 (12) Emergency assistance to victims of abuse and criminal
626	626	11 justice options for victims of abuse.
627	627	12 (13) Landlord-tenant concerns in abuse cases.
628	628	13 (14) The taking of an abused child into protective custody.
629	629	14 (15) Assessment of a situation in which a child may be seriously
630	630	15 endangered if the child is left in the child's home.
631	631	16 (16) Assessment of a situation involving an endangered adult (as
632	632	17 defined in IC 12-10-3-2).
633	633	18 (17) Response to a sudden, unexpected infant death.
634	634	19 (18) Performing cardiopulmonary resuscitation and the Heimlich
635	635	20 maneuver.
636	636	21 (19) Cultural diversity awareness that includes an understanding
637	637	22 of cultural issues related to race, religion, gender, biological sex,
638	638	23 age, domestic violence, national origin, and physical and mental
639	639	24 disabilities.
640	640	25 (i) A county law enforcement agency may provide continuing
641	641	26 education under subsection (h) to each police reserve officer (described
642	642	27 in IC 36-8-3-20) appointed by the county law enforcement agency.
643	643	28 (j) A county law enforcement agency may enter into an agreement
644	644	29 with other law enforcement agencies to provide the continuing
645	645	30 education required by this section and section 2(f) of this chapter.
646	646	31 SECTION 8. IC 5-2-17-6, AS ADDED BY P.L.92-2007, SECTION
647	647	32 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
648	648	33 2024]: Sec. 6. (a) Upon receipt of a report of a missing person, a law
649	649	34 enforcement agency shall attempt to gather relevant information that
650	650	35 will assist in locating the missing person. This information must
651	651	36 include the following, if available:
652	652	37 (1) The name of the missing person, including any aliases.
653	653	38 (2) The date of birth of the missing person.
654	654	39 (3) Any identifying marks, such as a birthmark, mole, tattoo, or
655	655	40 scar.
656	656	41 (4) The height and weight of the missing person.
657	657	42 (5) The gender biological sex of the missing person.
658	658	2024 IN 1291—LS 6832/DI 149 16
659	659	1 (6) The race of the missing person.
660	660	2 (7) The color of the missing person's hair at the time of the
661	661	3 disappearance, and, if applicable, the natural color of the missing
662	662	4 person's hair.
663	663	5 (8) The eye color of the missing person.
664	664	6 (9) Any prosthetic devices or surgical or cosmetic implants that
665	665	7 the missing person may have.
666	666	8 (10) Any physical anomalies of the missing person.
667	667	9 (11) The blood type of the missing person.
668	668	10 (12) The driver's license number of the missing person.
669	669	11 (13) A recent photograph of the missing person.
670	670	12 (14) A description of the clothing that the missing person was
671	671	13 wearing when last seen.
672	672	14 (15) A description of any other items, including jewelry or other
673	673	15 accessories, that the missing person may have possessed at the
674	674	16 time of the disappearance.
675	675	17 (16) Contact information for the missing person, including
676	676	18 electronic mail addresses and cellular telephone numbers.
677	677	19 (17) Why the person submitting the report believes that the
678	678	20 missing person is missing.
679	679	21 (18) The name and location of the missing person's school or
680	680	22 employer.
681	681	23 (19) The names and locations of the missing person's dentist and
682	682	24 physician.
683	683	25 (20) Any reason to believe that the missing person's
684	684	26 disappearance was not voluntary.
685	685	27 (21) Any reason to believe that the missing person may be in
686	686	28 danger.
687	687	29 (22) A detailed description of the missing person's vehicle.
688	688	30 (23) Information concerning:
689	689	31 (A) the person with whom the missing person was last seen; or
690	690	32 (B) a possible abductor.
691	691	33 (24) The date of last contact with the missing person.
692	692	34 (25) Any other information that will assist in locating the missing
693	693	35 person.
694	694	36 (b) A law enforcement agency shall determine as soon as possible
695	695	37 after receipt of a report of a missing person whether the missing person
696	696	38 is a high risk missing person. If a law enforcement agency determines
697	697	39 that a missing person is not a high risk missing person and new
698	698	40 information suggests that the missing person may be a high risk
699	699	41 missing person, the law enforcement agency shall make a new
700	700	42 determination as to whether the person is a high risk missing person.
701	701	2024 IN 1291—LS 6832/DI 149 17
702	702	1 (c) A law enforcement agency that determines after a diligent
703	703	2 investigation that a missing person is either voluntarily missing or not
704	704	3 missing may stop the investigation.
705	705	4 (d) A law enforcement agency stopping an investigation under
706	706	5 subsection (c) must document the investigative steps and the results of
707	707	6 the investigation that led to the conclusion that the person reported
708	708	7 missing is either voluntarily missing or not missing.
709	709	8 (e) A law enforcement agency that stops an investigation under
710	710	9 subsection (c) may not disclose the location of the missing person to
711	711	10 the person who made the missing person report if the missing person
712	712	11 requests that the information not be disclosed.
713	713	12 SECTION 9. IC 5-2-18.2-8, AS ADDED BY P.L.171-2011,
714	714	13 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
715	715	14 JULY 1, 2024]: Sec. 8. This chapter shall be enforced without regard
716	716	15 to race, religion, gender, biological sex, ethnicity, or national origin.
717	717	16 SECTION 10. IC 6-3.6-7-12.5, AS ADDED BY P.L.184-2018,
718	718	17 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
719	719	18 JULY 1, 2024]: Sec. 12.5. (a) This section applies to Jennings County.
720	720	19 (b) The county council may, by ordinance, determine that additional
721	721	20 local income tax revenue is needed in the county to do the following:
722	722	21 (1) Finance, construct, acquire, improve, renovate, and equip the
723	723	22 county jail and related buildings and parking facilities, including
724	724	23 costs related to the demolition of existing buildings, the
725	725	24 acquisition of land, and any other reasonably related costs.
726	726	25 (2) Repay bonds issued or leases entered into for the purposes
727	727	26 described in subdivision (1).
728	728	27 Before the county council may adopt an ordinance and make a
729	729	28 determination under this subsection, the county council must first study
730	730	29 the feasibility of, the need for, and the desire of contiguous counties to
731	731	30 establish a regional single gender jail for the detention or
732	732	31 incarceration of individuals of the same biological sex.
733	733	32 (c) If the county council makes the determination set forth in
734	734	33 subsection (b), the county council may adopt an ordinance to impose
735	735	34 a local income tax rate of:
736	736	35 (1) fifteen-hundredths percent (0.15%);
737	737	36 (2) two-tenths percent (0.2%);
738	738	37 (3) twenty-five hundredths percent (0.25%);
739	739	38 (4) three-tenths percent (0.3%);
740	740	39 (5) thirty-five hundredths percent (0.35%);
741	741	40 (6) four-tenths percent (0.4%);
742	742	41 (7) forty-five hundredths percent (0.45%);
743	743	42 (8) five-tenths percent (0.5%);
744	744	2024 IN 1291—LS 6832/DI 149 18
745	745	1 (9) fifty-five hundredths percent (0.55%);
746	746	2 (10) six-tenths percent (0.6%); or
747	747	3 (11) sixty-five hundredths percent (0.65%).
748	748	4 The tax rate may not be greater than the rate necessary to pay for the
749	749	5 purposes described in subsection (b).
750	750	6 (d) The tax rate under this section may be imposed only until the
751	751	7 latest of the following dates:
752	752	8 (1) The date on which the financing, construction, acquisition,
753	753	9 improvement, renovation, and equipping of the facilities as
754	754	10 described in subsection (b) are completed.
755	755	11 (2) The date on which the last of any bonds issued (including
756	756	12 refunding bonds) or leases entered into to finance the
757	757	13 construction, acquisition, improvement, renovation, and
758	758	14 equipping of the facilities described in subsection (b) are fully
759	759	15 paid.
760	760	16 (3) The date on which an ordinance adopted under subsection (c)
761	761	17 is rescinded.
762	762	18 (e) The tax rate under this section may be imposed beginning on the
763	763	19 effective date of the ordinance as provided in IC 6-3.6-3-3 and until the
764	764	20 date specified in subsection (d).
765	765	21 (f) The term of a bond issued (including any refunding bond) or a
766	766	22 lease entered into under subsection (b) may not exceed twenty-five (25)
767	767	23 years.
768	768	24 (g) The county treasurer shall establish a county jail revenue fund
769	769	25 to be used only for the purposes described in this section. Local income
770	770	26 tax revenues derived from the tax rate imposed under this section shall
771	771	27 be deposited in the county jail revenue fund.
772	772	28 (h) Local income tax revenues derived from the tax rate imposed
773	773	29 under this section:
774	774	30 (1) may be used only for the purposes described in this section;
775	775	31 (2) may not be considered by the department of local government
776	776	32 finance in determining the county's maximum permissible
777	777	33 property tax levy limit under IC 6-1.1-18.5; and
778	778	34 (3) may be pledged to the repayment of bonds issued or leases
779	779	35 entered into for the purposes described in subsection (b).
780	780	36 (i) The use of local income tax revenues as provided in this section
781	781	37 is necessary for the county to provide adequate jail capacity in the
782	782	38 county and to maintain low property tax rates essential to economic
783	783	39 development. The use of local income tax revenues as provided in this
784	784	40 section to pay any bonds issued or leases entered into to finance the
785	785	41 construction, acquisition, improvement, renovation, and equipping of
786	786	42 the facilities described in subsection (b), rather than the use of property
787	787	2024 IN 1291—LS 6832/DI 149 19
788	788	1 taxes, promotes those purposes.
789	789	2 (j) Money accumulated from the local income tax rate imposed
790	790	3 under this section after the termination of the tax under this section
791	791	4 shall be transferred to the county rainy day fund under IC 36-1-8-5.1.
792	792	5 SECTION 11. IC 9-24-9-2, AS AMENDED BY P.L.211-2023,
793	793	6 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
794	794	7 JULY 1, 2024]: Sec. 2. (a) Except as provided in subsection (b), each
795	795	8 application for a driver's license or permit under this chapter must
796	796	9 require the following information:
797	797	10 (1) The full legal name of the applicant.
798	798	11 (2) The applicant's date of birth.
799	799	12 (3) The gender biological sex of the applicant.
800	800	13 (4) The applicant's height, weight, hair color, and eye color.
801	801	14 (5) The address of the applicant.
802	802	15 (6) A:
803	803	16 (A) valid Social Security number; or
804	804	17 (B) verification of an applicant's:
805	805	18 (i) ineligibility to be issued a Social Security number;
806	806	19 (ii) identity; and
807	807	20 (iii) lawful status, except for an individual granted parole.
808	808	21 (7) Whether the applicant has been subject to fainting spells or
809	809	22 seizures.
810	810	23 (8) Whether the applicant has been issued a driver's license or has
811	811	24 been the holder of a permit, and if so, when and by what
812	812	25 jurisdiction.
813	813	26 (9) Whether the applicant's driver's license or permit has ever
814	814	27 been suspended or revoked, and if so, the date of and the reason
815	815	28 for the suspension or revocation.
816	816	29 (10) Whether the applicant has been convicted of:
817	817	30 (A) a crime punishable as a felony under Indiana motor
818	818	31 vehicle law; or
819	819	32 (B) any other felony in the commission of which a motor
820	820	33 vehicle was used;
821	821	34 that has not been expunged by a court.
822	822	35 (11) Whether the applicant has a physical or mental disability,
823	823	36 and if so, the nature of the disability.
824	824	37 (12) The signature of the applicant showing the applicant's legal
825	825	38 name as it appears or will appear on the driver's license or permit.
826	826	39 (13) A digital photograph of the applicant.
827	827	40 (14) Any other information the bureau requires.
828	828	41 (b) For purposes of subsection (a), an individual certified as a
829	829	42 program participant in the address confidentiality program under
830	830	2024 IN 1291—LS 6832/DI 149 20
831	831	1 IC 5-26.5 is not required to provide the individual's address, but may
832	832	2 provide an address designated by the office of the attorney general
833	833	3 under IC 5-26.5 as the individual's address.
834	834	4 (c) In addition to the information required by subsection (a), an
835	835	5 applicant who is required to complete at least fifty (50) hours of
836	836	6 supervised practice driving under IC 9-24-3-2.5(a)(1)(E) or
837	837	7 IC 9-24-3-2.5(a)(2)(D) must submit to the bureau evidence of the time
838	838	8 logged in practice driving.
839	839	9 SECTION 12. IC 9-24-11-5, AS AMENDED BY P.L.211-2023,
840	840	10 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
841	841	11 JULY 1, 2024]: Sec. 5. (a) Except as provided in subsection (d), a
842	842	12 learner's permit or driver's license issued under this article must contain
843	843	13 the following information:
844	844	14 (1) The full legal name of the permittee or licensee.
845	845	15 (2) The date of birth of the permittee or licensee.
846	846	16 (3) The address of the principal residence of the permittee or
847	847	17 licensee.
848	848	18 (4) The hair color and eye color of the permittee or licensee.
849	849	19 (5) The date of issue and expiration date of the permit or license.
850	850	20 (6) The gender biological sex of the permittee or licensee.
851	851	21 (7) The unique identifying number of the permit or license.
852	852	22 (8) The weight of the permittee or licensee.
853	853	23 (9) The height of the permittee or licensee.
854	854	24 (10) A reproduction of the signature of the permittee or licensee.
855	855	25 (11) If the permittee or licensee is less than eighteen (18) years of
856	856	26 age at the time of issuance, the dates, notated prominently, on
857	857	27 which the permittee or licensee will become:
858	858	28 (A) eighteen (18) years of age; and
859	859	29 (B) twenty-one (21) years of age.
860	860	30 (12) If the permittee or licensee is at least eighteen (18) years of
861	861	31 age but less than twenty-one (21) years of age at the time of
862	862	32 issuance, the date, notated prominently, on which the permittee or
863	863	33 licensee will become twenty-one (21) years of age.
864	864	34 (13) Except as provided in subsection (b), a digital photograph of
865	865	35 the permittee or licensee.
866	866	36 (b) The bureau may provide for the omission of a photograph or
867	867	37 computerized image from any driver's license or learner's permit issued
868	868	38 in the form of a physical credential if there is good cause for the
869	869	39 omission. However, a driver's license or learner's permit issued without
870	870	40 a digital photograph may not be issued in the form of a mobile
871	871	41 credential and must include a statement that indicates that the driver's
872	872	42 license or learner's permit issued without a digital photograph may not
873	873	2024 IN 1291—LS 6832/DI 149 21
874	874	1 be accepted by a federal agency for federal identification or any other
875	875	2 federal purpose.
876	876	3 (c) A driver's license or learner's permit issued to an individual who
877	877	4 has:
878	878	5 (1) temporary lawful status as indicated by:
879	879	6 (A) a valid, unexpired nonimmigrant visa or has nonimmigrant
880	880	7 visa status for entry in the United States;
881	881	8 (B) a pending application for asylum in the United States;
882	882	9 (C) a pending or approved application for temporary protected
883	883	10 status in the United States;
884	884	11 (D) having an approved deferred action status; or
885	885	12 (E) a pending application for adjustment of status to that of an
886	886	13 alien lawfully admitted for permanent residence in the United
887	887	14 States or conditional permanent residence status in the United
888	888	15 States; or
889	889	16 (2) been granted parole;
890	890	17 must be clearly identified as a temporary driver's license or learner's
891	891	18 permit. A temporary driver's license or learner's permit issued under
892	892	19 this subsection may not be renewed without the presentation of valid
893	893	20 documentary evidence proving that the licensee's or permittee's
894	894	21 temporary status has been extended.
895	895	22 (d) For purposes of subsection (a), an individual certified as a
896	896	23 program participant in the address confidentiality program under
897	897	24 IC 5-26.5 is not required to provide the address of the individual's
898	898	25 principal residence, but may provide an address designated by the
899	899	26 office of the attorney general under IC 5-26.5 as the address of the
900	900	27 individual's principal residence.
901	901	28 SECTION 13. IC 9-24-16-2, AS AMENDED BY P.L.211-2023,
902	902	29 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
903	903	30 JULY 1, 2024]: Sec. 2. (a) An application for an identification card to
904	904	31 be issued under this chapter in the form of a physical credential must
905	905	32 contain the following questions:
906	906	33 (1) "Have you served in the armed forces of the United States?".
907	907	34 (2) "Are you the surviving spouse of someone who served in the
908	908	35 armed forces of the United States or their reserves, in the National
909	909	36 Guard, or in the Indiana National Guard?".
910	910	37 (b) In addition to the questions set forth in subsection (a), an
911	911	38 application for an identification card issued under this chapter in the
912	912	39 form of a physical credential must require the following information
913	913	40 concerning an applicant:
914	914	41 (1) The full legal name of the applicant.
915	915	42 (2) The applicant's date of birth.
916	916	2024 IN 1291—LS 6832/DI 149 22
917	917	1 (3) The gender biological sex of the applicant.
918	918	2 (4) The applicant's height, weight, hair color, and eye color.
919	919	3 (5) The principal address and mailing address of the applicant.
920	920	4 (6) A:
921	921	5 (A) valid Social Security number; or
922	922	6 (B) verification of an applicant's:
923	923	7 (i) ineligibility to be issued a Social Security number;
924	924	8 (ii) identity; and
925	925	9 (iii) lawful status, except for an individual granted parole.
926	926	10 (7) A digital photograph of the applicant.
927	927	11 (8) The signature of the applicant showing the applicant's legal
928	928	12 name as it will appear on the identification card issued in the form
929	929	13 of a physical credential.
930	930	14 (9) If the applicant is also applying for a motor driven cycle
931	931	15 endorsement, verification that the applicant has satisfactorily
932	932	16 completed the test required under section 3.6 of this chapter.
933	933	17 (c) The bureau may invalidate an identification card issued in the
934	934	18 form of a physical credential that the bureau believes to have been
935	935	19 issued as a result of fraudulent documentation.
936	936	20 (d) The bureau:
937	937	21 (1) shall adopt rules under IC 4-22-2 to establish a procedure to
938	938	22 verify an applicant's identity and lawful status; and
939	939	23 (2) may adopt rules to establish a procedure to temporarily
940	940	24 invalidate an identification card issued in the form of a physical
941	941	25 credential that it believes to have been issued based on fraudulent
942	942	26 documentation.
943	943	27 (e) For purposes of subsection (b), an individual certified as a
944	944	28 program participant in the address confidentiality program under
945	945	29 IC 5-26.5 is not required to provide the individual's principal address
946	946	30 and mailing address, but may provide an address designated by the
947	947	31 office of the attorney general under IC 5-26.5 as the individual's
948	948	32 principal address and mailing address.
949	949	33 (f) In addition to the information required under subsection (b), an
950	950	34 application for an identification card to be issued under this chapter in
951	951	35 the form of a physical credential must enable the applicant to indicate
952	952	36 that the applicant is a veteran and wishes to have an indication of the
953	953	37 applicant's veteran status appear on the identification card issued in the
954	954	38 form of a physical credential. An applicant who wishes to have an
955	955	39 indication of the applicant's veteran status appear on the identification
956	956	40 card issued in the form of a physical credential must:
957	957	41 (1) indicate on the application that the applicant:
958	958	42 (A) is a veteran; and
959	959	2024 IN 1291—LS 6832/DI 149 23
960	960	1 (B) wishes to have an indication of the applicant's veteran
961	961	2 status appear on the identification card; and
962	962	3 (2) provide proof at the time of application of the applicant's
963	963	4 veteran status.
964	964	5 (g) In addition to the information required under subsection (b), an
965	965	6 application for an identification card to be issued under this chapter in
966	966	7 the form of a physical credential must enable the applicant to indicate
967	967	8 that the applicant is a surviving spouse of a veteran and wishes to have
968	968	9 an indication of the applicant's status as a surviving spouse of a veteran
969	969	10 appear on the identification card issued in the form of a physical
970	970	11 credential. An applicant who wishes to have an indication of the
971	971	12 applicant's status as a surviving spouse of a veteran appear on the
972	972	13 identification card issued in the form of a physical credential must:
973	973	14 (1) indicate on the application that the applicant:
974	974	15 (A) is the surviving spouse of a veteran of the armed forces of
975	975	16 the United States; and
976	976	17 (B) wishes to have an indication of the applicant's status as a
977	977	18 surviving spouse of a veteran appear on the identification card
978	978	19 issued in the form of a physical credential; and
979	979	20 (2) provide the documentation necessary to verify that the
980	980	21 applicant was married, at the time of the decedent's death, to a
981	981	22 veteran.
982	982	23 (h) The bureau shall keep in a data base and share the information
983	983	24 submitted under subsections (a) and (g) at least annually with the
984	984	25 Indiana department of veterans' affairs. The information submitted
985	985	26 under subsections (a) and (g) may be used by the Indiana department
986	986	27 of veterans' affairs to develop outreach programs for veterans and their
987	987	28 families.
988	988	29 (i) The application for an identification card to be issued under this
989	989	30 chapter in the form of a physical credential must indicate that an
990	990	31 applicant has the option whether or not to answer the questions set
991	991	32 forth in subsection (a).
992	992	33 SECTION 14. IC 9-24-16-3, AS AMENDED BY P.L.211-2023,
993	993	34 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
994	994	35 JULY 1, 2024]: Sec. 3. (a) An identification card:
995	995	36 (1) issued in the form of a physical credential must have the same
996	996	37 dimensions and shape as a driver's license; and
997	997	38 (2) in the form of a mobile credential must contain the same data
998	998	39 contained in a driver's license;
999	999	40 but the card must have markings sufficient to distinguish the card from
1000	1000	41 a driver's license.
1001	1001	42 (b) Except as provided in subsection (g), the front side of an
1002	1002	2024 IN 1291—LS 6832/DI 149 24
1003	1003	1 identification card issued in the form of a physical credential must
1004	1004	2 contain the expiration date of the identification card and the following
1005	1005	3 information about the individual to whom the card is being issued:
1006	1006	4 (1) Full legal name.
1007	1007	5 (2) The address of the principal residence.
1008	1008	6 (3) Date of birth.
1009	1009	7 (4) Date of issue and date of expiration.
1010	1010	8 (5) Unique identification number.
1011	1011	9 (6) Gender. Biological sex.
1012	1012	10 (7) Weight.
1013	1013	11 (8) Height.
1014	1014	12 (9) Color of eyes and hair.
1015	1015	13 (10) Reproduction of the signature of the individual identified.
1016	1016	14 (11) Whether the individual is blind (as defined in
1017	1017	15 IC 12-7-2-21(1)).
1018	1018	16 (12) If the individual is less than eighteen (18) years of age at the
1019	1019	17 time of issuance, the dates on which the individual will become:
1020	1020	18 (A) eighteen (18) years of age; and
1021	1021	19 (B) twenty-one (21) years of age.
1022	1022	20 (13) If the individual is at least eighteen (18) years of age but less
1023	1023	21 than twenty-one (21) years of age at the time of issuance, the date
1024	1024	22 on which the individual will become twenty-one (21) years of age.
1025	1025	23 (14) Digital photograph of the individual.
1026	1026	24 (c) The information contained on the identification card as required
1027	1027	25 by subsection (b)(12) or (b)(13) for an individual who is less than
1028	1028	26 twenty-one (21) years of age at the time of issuance shall be notated
1029	1029	27 prominently on the identification card issued in the form of a physical
1030	1030	28 credential.
1031	1031	29 (d) If the individual complies with section 2(f) or 2(g) of this
1032	1032	30 chapter, an indication of the individual's veteran status or status as the
1033	1033	31 surviving spouse of a veteran of the armed forces of the United States,
1034	1034	32 as applicable, shall be shown on the identification card issued in the
1035	1035	33 form of a physical credential.
1036	1036	34 (e) If the applicant for an identification card issued in the form of a
1037	1037	35 physical credential submits information to the bureau concerning the
1038	1038	36 applicant's medical condition, the bureau shall place an identifying
1039	1039	37 symbol on the face of the identification card issued in the form of a
1040	1040	38 physical credential to indicate that the applicant has a medical
1041	1041	39 condition of note. The bureau shall include information on the
1042	1042	40 identification card issued in the form of a physical credential that
1043	1043	41 briefly describes the medical condition of the holder of the card issued
1044	1044	42 in the form of a physical credential. The information must be printed
1045	1045	2024 IN 1291—LS 6832/DI 149 25
1046	1046	1 in a manner that alerts a person reading the card issued in the form of
1047	1047	2 a physical credential to the existence of the medical condition. The
1048	1048	3 applicant for an identification card issued in the form of a physical
1049	1049	4 credential is responsible for the accuracy of the information concerning
1050	1050	5 the medical condition submitted under this subsection. The bureau
1051	1051	6 shall inform an applicant that submission of information under this
1052	1052	7 subsection is voluntary.
1053	1053	8 (f) An identification card issued by the state to an individual who
1054	1054	9 has:
1055	1055	10 (1) temporary lawful status as indicated by:
1056	1056	11 (A) a valid, unexpired nonimmigrant visa or has nonimmigrant
1057	1057	12 visa status for entry in the United States;
1058	1058	13 (B) a pending application for asylum in the United States;
1059	1059	14 (C) a pending or approved application for temporary protected
1060	1060	15 status in the United States;
1061	1061	16 (D) having an approved deferred action status; or
1062	1062	17 (E) a pending application for adjustment of status to that of an
1063	1063	18 alien lawfully admitted for permanent residence in the United
1064	1064	19 States or conditional permanent residence status in the United
1065	1065	20 States; or
1066	1066	21 (2) been granted parole;
1067	1067	22 must be issued in the form of a physical credential and clearly
1068	1068	23 identified as a temporary identification card. A temporary identification
1069	1069	24 card issued under this subsection may not be renewed without the
1070	1070	25 presentation of valid documentary evidence proving that the holder of
1071	1071	26 the identification card's temporary status has been extended.
1072	1072	27 (g) For purposes of subsection (b), an individual certified as a
1073	1073	28 program participant in the address confidentiality program under
1074	1074	29 IC 5-26.5 is not required to provide the address of the individual's
1075	1075	30 principal residence, but may provide an address designated by the
1076	1076	31 office of the attorney general under IC 5-26.5 as the address of the
1077	1077	32 individual's principal residence.
1078	1078	33 (h) The bureau shall validate an identification card issued in the
1079	1079	34 form of a physical credential for motor driven cycle operation upon a
1080	1080	35 highway by endorsement to an individual who:
1081	1081	36 (1) applies for or has previously been issued an identification card
1082	1082	37 under this chapter;
1083	1083	38 (2) makes the appropriate application for endorsement; and
1084	1084	39 (3) satisfactorily completes the test required under section 3.6 of
1085	1085	40 this chapter.
1086	1086	41 The bureau shall place a designation on the face of the identification
1087	1087	42 card issued in the form of a physical credential to indicate that the
1088	1088	2024 IN 1291—LS 6832/DI 149 26
1089	1089	1 individual has received a motor driven cycle endorsement.
1090	1090	2 SECTION 15. IC 9-24-16.5-2, AS AMENDED BY P.L.198-2016,
1091	1091	3 SECTION 516, IS AMENDED TO READ AS FOLLOWS
1092	1092	4 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) An application for a photo
1093	1093	5 exempt identification card issued under this chapter must require the
1094	1094	6 following information concerning an applicant:
1095	1095	7 (1) The full legal name of the applicant.
1096	1096	8 (2) The applicant's date of birth.
1097	1097	9 (3) The gender biological sex of the applicant.
1098	1098	10 (4) The applicant's height, weight, hair color, and eye color.
1099	1099	11 (5) The principal address and mailing address of the applicant.
1100	1100	12 (6) A:
1101	1101	13 (A) valid Social Security number;
1102	1102	14 (B) verification of the applicant's ineligibility to be issued a
1103	1103	15 Social Security number; or
1104	1104	16 (C) statement from the applicant in which the applicant swears
1105	1105	17 or affirms that the applicant has a sincerely held religious
1106	1106	18 belief against the issuance of a Social Security number to the
1107	1107	19 applicant and a copy of Form 4029 from the United States
1108	1108	20 Internal Revenue Service concerning the applicant.
1109	1109	21 (7) A digital image of the applicant.
1110	1110	22 (8) A statement:
1111	1111	23 (A) from the applicant in which the applicant swears or affirms
1112	1112	24 that the applicant has a sincerely held religious belief against
1113	1113	25 the taking of a photograph of the applicant; and
1114	1114	26 (B) from a member of the clergy of the religious organization
1115	1115	27 of which the applicant is a member regarding the prohibition
1116	1116	28 of photography of members of the religious organization.
1117	1117	29 (9) The signature of the applicant.
1118	1118	30 (10) Valid documentary evidence that the applicant is a citizen or
1119	1119	31 national of the United States. The bureau shall maintain records
1120	1120	32 of the information provided under this subdivision.
1121	1121	33 (b) The image required under subsection (a)(7) is a confidential
1122	1122	34 public record in accordance with IC 5-14-3-4(a) and IC 9-14-13-2.
1123	1123	35 (c) The bureau may invalidate a photo exempt identification card
1124	1124	36 that the bureau believes to have been issued as a result of fraudulent
1125	1125	37 documentation.
1126	1126	38 (d) The bureau:
1127	1127	39 (1) shall adopt rules under IC 4-22-2 to establish a procedure to
1128	1128	40 verify an applicant's identity; and
1129	1129	41 (2) may adopt rules to establish a procedure to temporarily
1130	1130	42 invalidate a photo exempt identification card that the bureau
1131	1131	2024 IN 1291—LS 6832/DI 149 27
1132	1132	1 believes to have been issued based on fraudulent documentation.
1133	1133	2 SECTION 16. IC 9-24-16.5-3, AS ADDED BY P.L.197-2015,
1134	1134	3 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1135	1135	4 JULY 1, 2024]: Sec. 3. (a) A photo exempt identification card must
1136	1136	5 have the same dimensions and shape as a driver's license and an
1137	1137	6 identification card issued under IC 9-24-16, but the photo exempt
1138	1138	7 identification card must have markings sufficient to distinguish the
1139	1139	8 card from a driver's license or an identification card.
1140	1140	9 (b) The front side of a photo exempt identification card must contain
1141	1141	10 the following information about the individual to whom the card is
1142	1142	11 being issued:
1143	1143	12 (1) Full legal name.
1144	1144	13 (2) The address of the principal residence.
1145	1145	14 (3) Date of birth.
1146	1146	15 (4) Date of issue and date of expiration.
1147	1147	16 (5) Unique identification number.
1148	1148	17 (6) Gender. Biological sex.
1149	1149	18 (7) Weight.
1150	1150	19 (8) Height.
1151	1151	20 (9) Color of eyes and hair.
1152	1152	21 (10) A reproduction of the signature of the individual identified.
1153	1153	22 (11) If the individual is less than eighteen (18) years of age at the
1154	1154	23 time of issuance, the dates on which the individual will become:
1155	1155	24 (A) eighteen (18) years of age; and
1156	1156	25 (B) twenty-one (21) years of age.
1157	1157	26 (12) If the individual is at least eighteen (18) years of age but less
1158	1158	27 than twenty-one (21) years of age at the time of issuance, the date
1159	1159	28 on which the individual will become twenty-one (21) years of age.
1160	1160	29 (c) The front side of a photo exempt identification card may not bear
1161	1161	30 an image of the holder of the photo exempt identification card.
1162	1162	31 (d) The information contained on the photo exempt identification
1163	1163	32 card as required by subsection (b)(11) or (b)(12) for an individual who
1164	1164	33 is less than twenty-one (21) years of age at the time of issuance must
1165	1165	34 be printed prominently on the photo exempt identification card.
1166	1166	35 SECTION 17. IC 11-8-2-9 IS AMENDED TO READ AS
1167	1167	36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The department
1168	1168	37 shall establish a program of research and statistics, alone or in
1169	1169	38 cooperation with others, for the purpose of assisting in the
1170	1170	39 identification and achievement of realistic short term and long term
1171	1171	40 departmental goals, the making of administrative decisions, and the
1172	1172	41 evaluation of the facilities and programs of the entire state correctional
1173	1173	42 system. Information relating to the following must be compiled:
1174	1174	2024 IN 1291—LS 6832/DI 149 28
1175	1175	1 (1) An inventory of current facilities and programs, including
1176	1176	2 residential and nonresidential community programs and offender
1177	1177	3 participation.
1178	1178	4 (2) Population characteristics and trends, including the following
1179	1179	5 concerning offenders:
1180	1180	6 (A) Ethnicity.
1181	1181	7 (B) Gender. Biological sex.
1182	1182	8 (3) Judicial sentencing practices.
1183	1183	9 (4) Service area resources, needs, and capabilities.
1184	1184	10 (5) Recidivism of offenders.
1185	1185	11 (6) Projected operating and capital expenditures.
1186	1186	12 (b) The department may conduct research into the causes, detection,
1187	1187	13 and treatment of criminality and delinquency and disseminate the
1188	1188	14 results of that research.
1189	1189	15 SECTION 18. IC 12-9-2-3, AS AMENDED BY P.L.35-2016,
1190	1190	16 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1191	1191	17 JULY 1, 2024]: Sec. 3. (a) The secretary or the secretary's designee
1192	1192	18 may do the following:
1193	1193	19 (1) Employ experts and consultants to assist the division in
1194	1194	20 carrying out the division's functions.
1195	1195	21 (2) Issue orders under IC 4-21.5-3-6.
1196	1196	22 (3) Perform any other acts necessary to carry out the functions of
1197	1197	23 the division.
1198	1198	24 (b) The director may do the following:
1199	1199	25 (1) Utilize, with their consent, the services and facilities of other
1200	1200	26 state agencies without reimbursement.
1201	1201	27 (2) Accept in the name of the division, for use in carrying out the
1202	1202	28 functions of the division, money or property received by gift,
1203	1203	29 bequest, or otherwise.
1204	1204	30 (3) Accept voluntary and uncompensated services.
1205	1205	31 (4) Expend money made available to the division according to
1206	1206	32 policies enforced by the budget agency.
1207	1207	33 (5) Establish and implement the policies and procedures
1208	1208	34 necessary to carry out the functions of the division.
1209	1209	35 (6) Perform any other acts necessary to carry out the functions of
1210	1210	36 the division as delegated by the secretary or consistent with the
1211	1211	37 director's duties.
1212	1212	38 (c) The director shall compile information and statistics from each
1213	1213	39 bureau concerning the ethnicity and gender biological sex of a program
1214	1214	40 or service recipient.
1215	1215	41 SECTION 19. IC 12-9.1-2-3, AS AMENDED BY P.L.35-2016,
1216	1216	42 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1217	1217	2024 IN 1291—LS 6832/DI 149 29
1218	1218	1 JULY 1, 2024]: Sec. 3. (a) The secretary or the secretary's designee
1219	1219	2 may do the following:
1220	1220	3 (1) Employ experts and consultants to assist the division in
1221	1221	4 carrying out the division's functions.
1222	1222	5 (2) Issue orders under IC 4-21.5-3-6.
1223	1223	6 (3) Perform any other acts necessary to carry out the functions of
1224	1224	7 the division.
1225	1225	8 (b) The director may do the following:
1226	1226	9 (1) Use, with their consent, the services and facilities of other
1227	1227	10 state agencies without reimbursement.
1228	1228	11 (2) Accept in the name of the division, for use in carrying out the
1229	1229	12 functions of the division, money or property received by gift,
1230	1230	13 bequest, or otherwise.
1231	1231	14 (3) Accept voluntary and uncompensated services.
1232	1232	15 (4) Expend money made available to the division according to
1233	1233	16 policies enforced by the budget agency.
1234	1234	17 (5) Establish and implement the policies and procedures
1235	1235	18 necessary to carry out the functions of the division.
1236	1236	19 (6) Perform any other acts necessary to carry out the functions of
1237	1237	20 the division as delegated by the secretary or consistent with the
1238	1238	21 director's statutory duties.
1239	1239	22 (c) The director shall compile information and statistics from each
1240	1240	23 bureau concerning the ethnicity and gender biological sex of a program
1241	1241	24 or service recipient.
1242	1242	25 SECTION 20. IC 12-13-5-1, AS AMENDED BY P.L.210-2015,
1243	1243	26 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1244	1244	27 JULY 1, 2024]: Sec. 1. (a) The division shall administer or supervise
1245	1245	28 the public welfare activities of the state. The division has the following
1246	1246	29 powers and duties:
1247	1247	30 (1) The administration of old age assistance, TANF, and
1248	1248	31 assistance to the needy blind and persons with disabilities,
1249	1249	32 excluding assistance to children with special health care needs.
1250	1250	33 (2) The administration of the licensing and inspection under
1251	1251	34 IC 12-17.2.
1252	1252	35 (3) The provision of services to county governments, including
1253	1253	36 the following:
1254	1254	37 (A) Organizing and supervising county offices for the effective
1255	1255	38 administration of public welfare functions.
1256	1256	39 (B) Compiling statistics and necessary information concerning
1257	1257	40 public welfare problems throughout Indiana.
1258	1258	41 (C) Researching and encouraging research into crime,
1259	1259	42 delinquency, physical and mental disability, and the cause of
1260	1260	2024 IN 1291—LS 6832/DI 149 30
1261	1261	1 dependency.
1262	1262	2 (4) Prescribing the form of, printing, and supplying to the county
1263	1263	3 offices blanks for applications, reports, affidavits, and other forms
1264	1264	4 the division considers necessary and advisable.
1265	1265	5 (5) Cooperating with the federal Social Security Administration
1266	1266	6 and with any other agency of the federal government in any
1267	1267	7 reasonable manner necessary and in conformity with IC 12-13
1268	1268	8 through IC 12-19 to qualify for federal aid for assistance to
1269	1269	9 persons who are entitled to assistance under the federal Social
1270	1270	10 Security Act. The responsibilities include the following:
1271	1271	11 (A) Making reports in the form and containing the information
1272	1272	12 that the federal Social Security Administration Board or any
1273	1273	13 other agency of the federal government requires.
1274	1274	14 (B) Complying with the requirements that a board or agency
1275	1275	15 finds necessary to assure the correctness and verification of
1276	1276	16 reports.
1277	1277	17 (6) Appointing from eligible lists established by the state
1278	1278	18 personnel board employees of the division necessary to effectively
1279	1279	19 carry out IC 12-13 through IC 12-19. The division may not
1280	1280	20 appoint a person who is not a citizen of the United States and who
1281	1281	21 has not been a resident of Indiana for at least one (1) year
1282	1282	22 immediately preceding the person's appointment unless a
1283	1283	23 qualified person cannot be found in Indiana for a position as a
1284	1284	24 result of holding an open competitive examination.
1285	1285	25 (7) Assisting the office of Medicaid policy and planning in fixing
1286	1286	26 fees to be paid to ophthalmologists and optometrists for the
1287	1287	27 examination of applicants for and recipients of assistance as
1288	1288	28 needy blind persons.
1289	1289	29 (8) When requested, assisting other departments, agencies,
1290	1290	30 divisions, and institutions of the state and federal government in
1291	1291	31 performing services consistent with this article.
1292	1292	32 (9) Acting as the agent of the federal government for the
1293	1293	33 following:
1294	1294	34 (A) In welfare matters of mutual concern under IC 12-13
1295	1295	35 through IC 12-19, except for responsibilities of the department
1296	1296	36 of child services under IC 31-25-2.
1297	1297	37 (B) In the administration of federal money granted to Indiana
1298	1298	38 in aiding welfare functions of the state government.
1299	1299	39 (10) Administering additional public welfare functions vested in
1300	1300	40 the division by law and providing for the progressive codification
1301	1301	41 of the laws the division is required to administer.
1302	1302	42 (11) Supervising day care centers.
1303	1303	2024 IN 1291—LS 6832/DI 149 31
1304	1304	1 (12) Compiling information and statistics concerning the ethnicity
1305	1305	2 and gender biological sex of a program or service recipient.
1306	1306	3 (b) In the administration of the public welfare programs, the
1307	1307	4 division and the department of workforce development may enter into
1308	1308	5 a written memorandum of understanding concerning administering and
1309	1309	6 implementing federal work requirements for public welfare programs.
1310	1310	7 SECTION 21. IC 12-15-44.5-3.5, AS AMENDED BY
1311	1311	8 P.L.180-2022(ss), SECTION 16, IS AMENDED TO READ AS
1312	1312	9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3.5. (a) The plan must
1313	1313	10 include the following in a manner and to the extent determined by the
1314	1314	11 office:
1315	1315	12 (1) Mental health care services.
1316	1316	13 (2) Inpatient hospital services.
1317	1317	14 (3) Prescription drug coverage, including coverage of a long
1318	1318	15 acting, nonaddictive medication assistance treatment drug if the
1319	1319	16 drug is being prescribed for the treatment of substance abuse.
1320	1320	17 (4) Emergency room services.
1321	1321	18 (5) Physician office services.
1322	1322	19 (6) Diagnostic services.
1323	1323	20 (7) Outpatient services, including therapy services.
1324	1324	21 (8) Comprehensive disease management.
1325	1325	22 (9) Home health services, including case management.
1326	1326	23 (10) Urgent care center services.
1327	1327	24 (11) Preventative care services.
1328	1328	25 (12) Family planning services:
1329	1329	26 (A) including contraceptives and sexually transmitted disease
1330	1330	27 testing, as described in federal Medicaid law (42 U.S.C. 1396
1331	1331	28 et seq.); and
1332	1332	29 (B) not including abortion or abortifacients.
1333	1333	30 (13) Hospice services.
1334	1334	31 (14) Substance abuse services.
1335	1335	32 (15) Donated breast milk that meets requirements developed by
1336	1336	33 the office of Medicaid policy and planning.
1337	1337	34 (16) A service determined by the secretary to be required by
1338	1338	35 federal law as a benchmark service under the federal Patient
1339	1339	36 Protection and Affordable Care Act.
1340	1340	37 (b) The plan may not permit treatment limitations or financial
1341	1341	38 requirements on the coverage of mental health care services or
1342	1342	39 substance abuse services if similar limitations or requirements are not
1343	1343	40 imposed on the coverage of services for other medical or surgical
1344	1344	41 conditions.
1345	1345	42 (c) The plan may provide vision services and dental services only
1346	1346	2024 IN 1291—LS 6832/DI 149 32
1347	1347	1 to individuals who regularly make the required monthly contributions
1348	1348	2 for the plan as set forth in section 4.7(c) of this chapter.
1349	1349	3 (d) The benefit package offered in the plan:
1350	1350	4 (1) must be benchmarked to a commercial health plan described
1351	1351	5 in 45 CFR 155.100(a)(1) or 45 CFR 155.100(a)(4); and
1352	1352	6 (2) may not include a benefit that is not present in at least one (1)
1353	1353	7 of these commercial benchmark options.
1354	1354	8 (e) The office shall provide to an individual who participates in the
1355	1355	9 plan a list of health care services that qualify as preventative care
1356	1356	10 services for the age, gender, biological sex, and preexisting conditions
1357	1357	11 of the individual. The office shall consult with the federal Centers for
1358	1358	12 Disease Control and Prevention for a list of recommended preventative
1359	1359	13 care services.
1360	1360	14 (f) The plan shall, at no cost to the individual, provide payment of
1361	1361	15 preventative care services described in 42 U.S.C. 300gg-13 for an
1362	1362	16 individual who participates in the plan.
1363	1363	17 (g) The plan shall, at no cost to the individual, provide payments of
1364	1364	18 not more than five hundred dollars ($500) per year for preventative
1365	1365	19 care services not described in subsection (f). Any additional
1366	1366	20 preventative care services covered under the plan and received by the
1367	1367	21 individual during the year are subject to the deductible and payment
1368	1368	22 requirements of the plan.
1369	1369	23 (h) The office shall apply to the United States Department of Health
1370	1370	24 and Human Services for any amendment to the waiver necessary to
1371	1371	25 implement the providing of the services or supplies described in
1372	1372	26 subsection (a)(15). This subsection expires July 1, 2024.
1373	1373	27 SECTION 22. IC 12-20-5.5-1, AS AMENDED BY P.L.162-2021,
1374	1374	28 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1375	1375	29 JULY 1, 2024]: Sec. 1. (a) The township trustee shall process all
1376	1376	30 applications for township assistance according to uniform written
1377	1377	31 standards and without consideration of the race, creed, nationality, or
1378	1378	32 gender biological sex of the applicant or any member of the applicant's
1379	1379	33 household.
1380	1380	34 (b) The township's standards for the issuance of township assistance
1381	1381	35 and the processing of applications must be:
1382	1382	36 (1) governed by the requirements of this article;
1383	1383	37 (2) proposed by the township trustee, adopted by the township
1384	1384	38 board, and filed with the board of county commissioners;
1385	1385	39 (3) reviewed and updated annually to reflect changes in the cost
1386	1386	40 of basic necessities in the township and changes in the law;
1387	1387	41 (4) published in a single written document, including addenda
1388	1388	42 attached to the document; and
1389	1389	2024 IN 1291—LS 6832/DI 149 33
1390	1390	1 (5) posted in a place prominently visible to the public in all
1391	1391	2 offices of the township trustee where township assistance
1392	1392	3 applications are taken or processed.
1393	1393	4 (c) The township trustee shall annually certify that the uniform
1394	1394	5 written standards for the issuance of township assistance have been
1395	1395	6 filed with the board of county commissioners as required under
1396	1396	7 subsection (b)(2). The certification shall be noted in the township's
1397	1397	8 budget submitted to the department of local government finance's
1398	1398	9 computer gateway under IC 6-1.1-17-3.
1399	1399	10 SECTION 23. IC 12-21-2-3, AS AMENDED BY P.L.127-2020,
1400	1400	11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1401	1401	12 JULY 1, 2024]: Sec. 3. The secretary or the secretary's designee shall
1402	1402	13 do the following:
1403	1403	14 (1) Organize the division, create the appropriate personnel
1404	1404	15 positions, and employ personnel necessary to discharge the
1405	1405	16 statutory duties and powers of the division or a bureau of the
1406	1406	17 division.
1407	1407	18 (2) Subject to the approval of the state personnel department,
1408	1408	19 establish personnel qualifications for all deputy directors,
1409	1409	20 assistant directors, bureau heads, and superintendents.
1410	1410	21 (3) Subject to the approval of the budget director and the
1411	1411	22 governor, establish the compensation of all deputy directors,
1412	1412	23 assistant directors, bureau heads, and superintendents.
1413	1413	24 (4) Study the entire problem of mental health, mental illness, and
1414	1414	25 addictions existing in Indiana.
1415	1415	26 (5) Adopt rules under IC 4-22-2 for the following:
1416	1416	27 (A) Standards for the operation of private institutions that are
1417	1417	28 licensed under IC 12-25 for the diagnosis, treatment, and care
1418	1418	29 of individuals with psychiatric disorders, addictions, or other
1419	1419	30 abnormal mental conditions.
1420	1420	31 (B) Licensing or certifying community residential programs
1421	1421	32 described in IC 12-22-2-3.5 for individuals with serious
1422	1422	33 mental illness (SMI), serious emotional disturbance (SED), or
1423	1423	34 chronic addiction (CA) with the exception of psychiatric
1424	1424	35 residential treatment facilities.
1425	1425	36 (C) Certifying community mental health centers to operate in
1426	1426	37 Indiana.
1427	1427	38 (D) Establish exclusive geographic primary service areas for
1428	1428	39 community mental health centers. The rules must include the
1429	1429	40 following:
1430	1430	41 (i) Criteria and procedures to justify the change to the
1431	1431	42 boundaries of a community mental health center's primary
1432	1432	2024 IN 1291—LS 6832/DI 149 34
1433	1433	1 service area.
1434	1434	2 (ii) Criteria and procedures to justify the change of an
1435	1435	3 assignment of a community mental health center to a
1436	1436	4 primary service area.
1437	1437	5 (iii) A provision specifying that the criteria and procedures
1438	1438	6 determined in items (i) and (ii) must include an option for
1439	1439	7 the county and the community mental health center to
1440	1440	8 initiate a request for a change in primary service area or
1441	1441	9 provider assignment.
1442	1442	10 (iv) A provision specifying the criteria and procedures
1443	1443	11 determined in items (i) and (ii) may not limit an eligible
1444	1444	12 consumer's right to choose or access the services of any
1445	1445	13 provider who is certified by the division of mental health
1446	1446	14 and addiction to provide public supported mental health
1447	1447	15 services.
1448	1448	16 (6) Institute programs, in conjunction with an accredited college
1449	1449	17 or university and with the approval, if required by law, of the
1450	1450	18 commission for higher education, for the instruction of students
1451	1451	19 of mental health and other related occupations. The programs may
1452	1452	20 be designed to meet requirements for undergraduate and
1453	1453	21 postgraduate degrees and to provide continuing education and
1454	1454	22 research.
1455	1455	23 (7) Develop programs to educate the public in regard to the
1456	1456	24 prevention, diagnosis, treatment, and care of all abnormal mental
1457	1457	25 conditions.
1458	1458	26 (8) Make the facilities of the state institutions available for the
1459	1459	27 instruction of medical students, student nurses, interns, and
1460	1460	28 resident and fellow physicians under the supervision of the faculty
1461	1461	29 of any accredited school of medicine or osteopathy located in
1462	1462	30 Indiana or an accredited residency or fellowship training program
1463	1463	31 in connection with research and instruction in psychiatric
1464	1464	32 disorders.
1465	1465	33 (9) Institute a stipend program designed to improve the quality
1466	1466	34 and quantity of staff that state institutions employ.
1467	1467	35 (10) Establish, supervise, and conduct community programs,
1468	1468	36 either directly or by contract, for the diagnosis, treatment, and
1469	1469	37 prevention of psychiatric disorders.
1470	1470	38 (11) Adopt rules under IC 4-22-2 concerning the records and data
1471	1471	39 to be kept concerning individuals admitted to state institutions,
1472	1472	40 community mental health centers, or other providers.
1473	1473	41 (12) Compile information and statistics concerning the ethnicity
1474	1474	42 and gender biological sex of a program or service recipient.
1475	1475	2024 IN 1291—LS 6832/DI 149 35
1476	1476	1 (13) Establish standards for services described in IC 12-7-2-40.6
1477	1477	2 for community mental health centers and other providers.
1478	1478	3 (14) Provide that the standards for services provided by recovery
1479	1479	4 residences for residential care and supported housing for chronic
1480	1480	5 addiction, when used as a recovery residence, to:
1481	1481	6 (A) be certified through an entity approved by the division to
1482	1482	7 ensure adherence to standards determined by the National
1483	1483	8 Alliance for Recovery Residences (NARR) or a similar entity;
1484	1484	9 and
1485	1485	10 (B) meet other standards established by the division under
1486	1486	11 rules adopted under IC 4-22-2.
1487	1487	12 (15) Require the division to:
1488	1488	13 (A) provide best practice recommendations to community
1489	1489	14 mental health centers; and
1490	1490	15 (B) work with community mental health centers in a
1491	1491	16 collaborative manner in order to ensure improved health
1492	1492	17 outcomes as a part of reviews or audits.
1493	1493	18 Documentation developed as a part of an incident or death
1494	1494	19 reporting audit or review is confidential and may only be shared
1495	1495	20 between the division and the community mental health center.
1496	1496	21 SECTION 24. IC 12-23-18-8, AS AMENDED BY P.L.51-2019,
1497	1497	22 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1498	1498	23 JULY 1, 2024]: Sec. 8. (a) As used in this section, "dispense" means to
1499	1499	24 deliver a controlled substance to an ultimate user.
1500	1500	25 (b) Subject to the federal patient confidentiality requirements under
1501	1501	26 42 CFR Part 2, when an opioid treatment program dispenses a
1502	1502	27 controlled substance designated by the Indiana board of pharmacy
1503	1503	28 under IC 35-48-2-5 through IC 35-48-2-10, the opioid treatment
1504	1504	29 program shall provide the following information upon request from the
1505	1505	30 division:
1506	1506	31 (1) The medications dispensed by the program.
1507	1507	32 (2) The medication delivery process, which includes whether the
1508	1508	33 medication was in liquid, film, or another form.
1509	1509	34 (3) The number of doses dispensed of each medication.
1510	1510	35 (4) The dosage quantities for each medication.
1511	1511	36 (5) The number of patients receiving take home medications.
1512	1512	37 (6) The number of days of supply dispensed.
1513	1513	38 (7) Patient demographic information for each medication,
1514	1514	39 including gender, biological sex, age, and time in treatment.
1515	1515	40 (8) The dispenser's United States Drug Enforcement Agency
1516	1516	41 registration number.
1517	1517	42 (9) The average number of patients served by:
1518	1518	2024 IN 1291—LS 6832/DI 149 36
1519	1519	1 (A) the opioid treatment program annually; and
1520	1520	2 (B) each employed or contracted prescriber of the opioid
1521	1521	3 treatment program.
1522	1522	4 (10) The annual ratio of employed or contracted prescribers to
1523	1523	5 patients served at each opioid treatment program.
1524	1524	6 (11) The number of patients and the average length of treatment
1525	1525	7 for each medication dispensed by the opioid treatment program.
1526	1526	8 (12) The number of patients completing an opiate treatment
1527	1527	9 program treatment service having transitioned to opioid
1528	1528	10 abstinence, including the use of long acting, nonaddictive
1529	1529	11 medication for relapse prevention.
1530	1530	12 (13) The number of patients demonstrating improvement in
1531	1531	13 functioning, as defined by the division, while in treatment at an
1532	1532	14 opiate treatment program.
1533	1533	15 (14) An annual submission of each opiate treatment program's
1534	1534	16 policy concerning:
1535	1535	17 (A) the use of INSPECT (as defined in IC 25-26-24-7);
1536	1536	18 (B) the protocol for addressing patients who are found, using
1537	1537	19 INSPECT data, to have prescriptions for a controlled
1538	1538	20 substance, including benzodiazepines or other opiate
1539	1539	21 medications; and
1540	1540	22 (C) the protocol for addressing patients who have illicit urine
1541	1541	23 drug screens indicating the use of a controlled substance,
1542	1542	24 including benzodiazepines or other opiates, whether
1543	1543	25 prescribed or not.
1544	1544	26 (15) The number of patients denied access to services due to
1545	1545	27 inability to pay, including the demographic information of the
1546	1546	28 patient concerning race.
1547	1547	29 (16) The number of patients who are receiving behavioral health
1548	1548	30 services in addition to medication.
1549	1549	31 (17) The average mileage a patient is traveling to receive
1550	1550	32 treatment.
1551	1551	33 (18) The patient relapse rate or the average time an individual is
1552	1552	34 receiving treatment from the opioid treatment program.
1553	1553	35 (19) The number of admissions and discharges of patients at the
1554	1554	36 opioid treatment program.
1555	1555	37 (20) The number of pregnant women being treated.
1556	1556	38 (21) Whether an individual is employed at the time of admission
1557	1557	39 and whether the patient obtains employment during treatment.
1558	1558	40 (22) The number of patients who are eligible for the Medicaid
1559	1559	41 program.
1560	1560	42 (23) A description of programs offered by the opioid treatment
1561	1561	2024 IN 1291—LS 6832/DI 149 37
1562	1562	1 program.
1563	1563	2 (24) A description of any community outreach or education to the
1564	1564	3 public offered by the opioid treatment program.
1565	1565	4 (25) The number of patients who have eliminated the use of an
1566	1566	5 illegal substance after the first year of treatment at the opioid
1567	1567	6 treatment program.
1568	1568	7 (c) An opioid treatment program shall provide the information
1569	1569	8 required under this section to the division in a manner prescribed by
1570	1570	9 the division.
1571	1571	10 (d) The division shall annually report the information collected
1572	1572	11 under this section to the legislative council in an electronic format
1573	1573	12 under IC 5-14-6 not later than October 1.
1574	1574	13 SECTION 25. IC 12-32-1-4, AS ADDED BY P.L.171-2011,
1575	1575	14 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1576	1576	15 JULY 1, 2024]: Sec. 4. This chapter shall be enforced without regard
1577	1577	16 to race, religion, gender, biological sex, ethnicity, or national origin.
1578	1578	17 SECTION 26. IC 16-19-10-2 IS AMENDED TO READ AS
1579	1579	18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. As used in this
1580	1580	19 chapter, "health data" means information on the following:
1581	1581	20 (1) A person's:
1582	1582	21 (A) health status;
1583	1583	22 (B) ethnicity; and
1584	1584	23 (C) gender. biological sex.
1585	1585	24 (2) The cost, availability, and use of health resources and
1586	1586	25 services.
1587	1587	26 The term includes vital statistics and vital records as described in this
1588	1588	27 title.
1589	1589	28 SECTION 27. IC 16-19-10-4, AS AMENDED BY P.L.164-2023,
1590	1590	29 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1591	1591	30 JULY 1, 2024]: Sec. 4. The center shall do the following:
1592	1592	31 (1) Collect and process health data.
1593	1593	32 (2) Maintain statistics concerning gender biological sex and
1594	1594	33 ethnicity and provide the information to the state department
1595	1595	34 annually.
1596	1596	35 (3) Improve the quality, timeliness, and comparability of health
1597	1597	36 statistics.
1598	1598	37 (4) Analyze and disseminate information about the health status
1599	1599	38 of Indiana residents.
1600	1600	39 (5) Provide access to health data to persons who are permitted to
1601	1601	40 obtain the data under this chapter.
1602	1602	41 (6) Ensure the security and protection of health data maintained
1603	1603	42 by the state department.
1604	1604	2024 IN 1291—LS 6832/DI 149 38
1605	1605	1 (7) Support the goals and objectives of the Cooperative Health
1606	1606	2 Statistics System established by the federal National Center for
1607	1607	3 Health Statistics.
1608	1608	4 SECTION 28. IC 16-21-6-6, AS AMENDED BY P.L.156-2011,
1609	1609	5 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1610	1610	6 JULY 1, 2024]: Sec. 6. In addition to the report filed under section 3 of
1611	1611	7 this chapter, each hospital shall, not more than one hundred twenty
1612	1612	8 (120) days after the end of each calendar quarter, file with the state
1613	1613	9 department, or the state department's designated contractor, inpatient
1614	1614	10 and outpatient discharge information at the patient level, in a format
1615	1615	11 prescribed by the state health commissioner, including the following:
1616	1616	12 (1) The patient's:
1617	1617	13 (A) length of stay;
1618	1618	14 (B) diagnoses and surgical procedures performed during the
1619	1619	15 patient's stay;
1620	1620	16 (C) date of:
1621	1621	17 (i) admission;
1622	1622	18 (ii) discharge; and
1623	1623	19 (iii) birth;
1624	1624	20 (D) type of admission;
1625	1625	21 (E) admission source;
1626	1626	22 (F) gender; biological sex;
1627	1627	23 (G) race;
1628	1628	24 (H) discharge disposition; and
1629	1629	25 (I) payor, including:
1630	1630	26 (i) Medicare;
1631	1631	27 (ii) Medicaid;
1632	1632	28 (iii) a local government program;
1633	1633	29 (iv) commercial insurance;
1634	1634	30 (v) self-pay; and
1635	1635	31 (vi) charity care.
1636	1636	32 (2) The total charge for the patient's stay.
1637	1637	33 (3) The ZIP code of the patient's residence.
1638	1638	34 (4) Beginning October 1, 2013, all diagnosed external causes of
1639	1639	35 injury codes.
1640	1640	36 SECTION 29. IC 16-34-2-5, AS AMENDED BY P.L.56-2023,
1641	1641	37 SECTION 154, IS AMENDED TO READ AS FOLLOWS
1642	1642	38 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Every health care provider
1643	1643	39 who performs a surgical abortion or provides, prescribes, administers,
1644	1644	40 or dispenses an abortion inducing drug for the purposes of inducing an
1645	1645	41 abortion shall report the performance of the abortion or the provision,
1646	1646	42 prescribing, administration, or dispensing of an abortion inducing drug
1647	1647	2024 IN 1291—LS 6832/DI 149 39
1648	1648	1 on a form drafted by the state department, the purpose and function of
1649	1649	2 which shall be the improvement of maternal health and life through the
1650	1650	3 compilation of relevant maternal life and health factors and data, and
1651	1651	4 a further purpose and function shall be to monitor all abortions
1652	1652	5 performed in Indiana to assure the abortions are done only under the
1653	1653	6 authorized provisions of the law. For each abortion performed and
1654	1654	7 abortion inducing drug provided, prescribed, administered, or
1655	1655	8 dispensed, the report shall include, among other things, the following:
1656	1656	9 (1) The age of the patient.
1657	1657	10 (2) Whether a waiver of consent under section 4 of this chapter
1658	1658	11 was obtained.
1659	1659	12 (3) Whether a waiver of notification under section 4 of this
1660	1660	13 chapter was obtained.
1661	1661	14 (4) The date and location, including the facility name and city or
1662	1662	15 town, where the:
1663	1663	16 (A) pregnant woman:
1664	1664	17 (i) provided consent; and
1665	1665	18 (ii) received all information;
1666	1666	19 required under section 1.1 of this chapter; and
1667	1667	20 (B) abortion was performed or the abortion inducing drug was
1668	1668	21 provided, prescribed, administered, or dispensed.
1669	1669	22 (5) The health care provider's full name and address, including the
1670	1670	23 name of the physicians performing the abortion or providing,
1671	1671	24 prescribing, administering, or dispensing the abortion inducing
1672	1672	25 drug.
1673	1673	26 (6) The city and county where the pregnancy termination
1674	1674	27 occurred.
1675	1675	28 (7) The age of the father, or the approximate age of the father if
1676	1676	29 the father's age is unknown.
1677	1677	30 (8) The patient's county and state of residence.
1678	1678	31 (9) The marital status of the patient.
1679	1679	32 (10) The educational level of the patient.
1680	1680	33 (11) The race of the patient.
1681	1681	34 (12) The ethnicity of the patient.
1682	1682	35 (13) The number of the patient's previous live births.
1683	1683	36 (14) The number of the patient's deceased children.
1684	1684	37 (15) The number of the patient's spontaneous pregnancy
1685	1685	38 terminations.
1686	1686	39 (16) The number of the patient's previous induced terminations.
1687	1687	40 (17) The date of the patient's last menses.
1688	1688	41 (18) The physician's determination of the gestation of the fetus in
1689	1689	42 weeks.
1690	1690	2024 IN 1291—LS 6832/DI 149 40
1691	1691	1 (19) The reason for the abortion.
1692	1692	2 (20) Whether the patient indicated that the patient was seeking an
1693	1693	3 abortion as a result of being:
1694	1694	4 (A) abused;
1695	1695	5 (B) coerced;
1696	1696	6 (C) harassed; or
1697	1697	7 (D) trafficked.
1698	1698	8 (21) The following information concerning the abortion or the
1699	1699	9 provision, prescribing, administration, or dispensing of the
1700	1700	10 abortion inducing drug:
1701	1701	11 (A) The postfertilization age of the fetus (in weeks).
1702	1702	12 (B) The manner in which the postfertilization age was
1703	1703	13 determined.
1704	1704	14 (C) The gender biological sex of the fetus, if detectable.
1705	1705	15 (D) Whether the fetus has been diagnosed with or has a
1706	1706	16 potential diagnosis of having Down syndrome or any other
1707	1707	17 disability.
1708	1708	18 (E) If after the earlier of the time the fetus obtains viability or
1709	1709	19 the time the postfertilization age of the fetus is at least twenty
1710	1710	20 (20) weeks, the medical reason for the performance of the
1711	1711	21 abortion.
1712	1712	22 (22) For a surgical abortion, the medical procedure used for the
1713	1713	23 abortion and, if the fetus had a postfertilization age of at least
1714	1714	24 twenty (20) weeks:
1715	1715	25 (A) whether the procedure, in the reasonable judgment of the
1716	1716	26 health care provider, gave the fetus the best opportunity to
1717	1717	27 survive;
1718	1718	28 (B) the basis for the determination that the pregnant woman
1719	1719	29 had a condition described in this chapter that required the
1720	1720	30 abortion to avert the death of or serious impairment to the
1721	1721	31 pregnant woman; and
1722	1722	32 (C) the name of the second doctor present, as required under
1723	1723	33 IC 16-34-2-3(a)(3).
1724	1724	34 (23) For a nonsurgical abortion, the precise drugs provided,
1725	1725	35 prescribed, administered, or dispensed, and the means of delivery
1726	1726	36 of the drugs to the patient.
1727	1727	37 (24) For a nonsurgical abortion, that the manufacturer's
1728	1728	38 instructions were provided to the patient and that the patient
1729	1729	39 signed the patient agreement.
1730	1730	40 (25) For an abortion performed before twenty (20) weeks of
1731	1731	41 postfertilization age of the fetus, the medical indication by
1732	1732	42 diagnosis code for the fetus and the mother.
1733	1733	2024 IN 1291—LS 6832/DI 149 41
1734	1734	1 (26) The mother's obstetrical history, including dates of other
1735	1735	2 abortions, if any.
1736	1736	3 (27) Any preexisting medical conditions of the patient that may
1737	1737	4 complicate the abortion.
1738	1738	5 (28) The results of pathological examinations if performed.
1739	1739	6 (29) For a surgical abortion, whether the fetus was delivered
1740	1740	7 alive, and if so, how long the fetus lived.
1741	1741	8 (30) Records of all maternal deaths occurring at the location
1742	1742	9 where the abortion was performed or the abortion inducing drug
1743	1743	10 was provided, prescribed, administered, or dispensed.
1744	1744	11 (31) The date the form was transmitted to the state department
1745	1745	12 and, if applicable, separately to the department of child services.
1746	1746	13 (b) The health care provider shall complete the form provided for in
1747	1747	14 subsection (a) and shall transmit the completed form to the state
1748	1748	15 department, in the manner specified on the form, within thirty (30) days
1749	1749	16 after the date of each abortion. However, if an abortion is for a female
1750	1750	17 who is less than sixteen (16) years of age, the health care provider shall
1751	1751	18 transmit the form to the state department and separately to the
1752	1752	19 department of child services within three (3) days after the abortion is
1753	1753	20 performed.
1754	1754	21 (c) The dates supplied on the form may not be redacted for any
1755	1755	22 reason before the form is transmitted as provided in this section.
1756	1756	23 (d) Each failure to complete or timely transmit a form, as required
1757	1757	24 under this section, for each abortion performed or abortion inducing
1758	1758	25 drug that was provided, prescribed, administered, or dispensed, is a
1759	1759	26 Class B misdemeanor.
1760	1760	27 (e) On a quarterly basis, the state department shall compile a public
1761	1761	28 report providing the following:
1762	1762	29 (1) Statistics for the previous calendar quarter from the
1763	1763	30 information submitted under this section.
1764	1764	31 (2) Statistics for previous calendar years compiled by the state
1765	1765	32 department under this subsection, with updated information for
1766	1766	33 the calendar quarter that was submitted to the state department
1767	1767	34 after the compilation of the statistics.
1768	1768	35 The state department shall ensure that no identifying information of a
1769	1769	36 pregnant woman is contained in the report.
1770	1770	37 (f) The state department shall:
1771	1771	38 (1) summarize aggregate data from all data submitted under this
1772	1772	39 section; and
1773	1773	40 (2) submit the data, before July 1 of each year, to the United
1774	1774	41 States Centers for Disease Control and Prevention for its inclusion
1775	1775	42 in the annual Vital Statistics Report.
1776	1776	2024 IN 1291—LS 6832/DI 149 42
1777	1777	1 SECTION 30. IC 16-38-5-2, AS AMENDED BY P.L.2-2014,
1778	1778	2 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1779	1779	3 JULY 1, 2024]: Sec. 2. (a) Except as provided in subsection (c), a
1780	1780	4 provider, a physician's designee, a pharmacist's designee, or a person
1781	1781	5 approved by the state department may provide immunization data to the
1782	1782	6 immunization data registry in a manner prescribed by the state
1783	1783	7 department and for the purposes allowed under this chapter.
1784	1784	8 (b) This subsection takes effect July 1, 2015. Except as provided in
1785	1785	9 subsections (c) and (e), a provider who is licensed under IC 25 and who
1786	1786	10 is authorized within the provider's scope of practice to administer
1787	1787	11 immunizations or the provider's designee shall electronically provide
1788	1788	12 immunization data to the immunization data registry for all
1789	1789	13 immunizations administered to individuals who are less than nineteen
1790	1790	14 (19) years of age:
1791	1791	15 (1) not later than seven (7) business days after providing the
1792	1792	16 immunization;
1793	1793	17 (2) in a manner prescribed by the state department, after
1794	1794	18 reasonable notice; and
1795	1795	19 (3) for the purposes allowed under this chapter.
1796	1796	20 (c) A person is exempt from providing immunization data to the
1797	1797	21 immunization data registry if:
1798	1798	22 (1) the patient or the patient's parent or guardian, if the patient is
1799	1799	23 less than eighteen (18) years of age, has completed and filed a
1800	1800	24 written immunization data exemption form with either the person
1801	1801	25 who provides the immunization or the state department; or
1802	1802	26 (2) the patient is a resident of or is receiving services from a
1803	1803	27 facility licensed under IC 16-28.
1804	1804	28 (d) The minimum immunization data that must be provided under
1805	1805	29 subsection (b) are the following:
1806	1806	30 (1) Patient identification number.
1807	1807	31 (2) Patient first and last name.
1808	1808	32 (3) Patient date of birth.
1809	1809	33 (4) Patient address.
1810	1810	34 (5) Patient race.
1811	1811	35 (6) Patient gender. biological sex.
1812	1812	36 (7) Vaccine for Children program eligibility, if the patient is
1813	1813	37 eligible for the Vaccine for Children program.
1814	1814	38 (8) Dose at the administration level under the Vaccine for
1815	1815	39 Children program, if the patient is eligible for the Vaccine for
1816	1816	40 Children program.
1817	1817	41 (9) Vaccination presentation or vaccination code using approved
1818	1818	42 Immunization Information System (IIS) code type.
1819	1819	2024 IN 1291—LS 6832/DI 149 43
1820	1820	1 (10) Vaccination date administered.
1821	1821	2 (11) Lot number of the administered vaccine.
1822	1822	3 The state department may expand or modify the list of minimum
1823	1823	4 immunization data that must be provided under this section based on
1824	1824	5 Centers for Disease Control Immunization Information System (IIS)
1825	1825	6 minimum field requirements.
1826	1826	7 (e) A provider who is unable to electronically provide immunization
1827	1827	8 data to the immunization data registry by July 1, 2015, shall submit a
1828	1828	9 detailed plan for compliance with the requirements of subsection (b) to
1829	1829	10 the state department no later than March 31, 2015. The state
1830	1830	11 department will assist the provider so the provider is able to
1831	1831	12 electronically provide immunization data in a reasonable amount of
1832	1832	13 time.
1833	1833	14 (f) The state department shall create and provide copies of
1834	1834	15 immunization data exemption forms to:
1835	1835	16 (1) providers who are:
1836	1836	17 (A) licensed under IC 25; and
1837	1837	18 (B) authorized within the provider's scope of practice to
1838	1838	19 administer immunizations; and
1839	1839	20 (2) individuals;
1840	1840	21 who request the form.
1841	1841	22 (g) The state department shall distribute, upon request, written
1842	1842	23 information to be disseminated to patients that describes the
1843	1843	24 immunization data registry. The written information must include the
1844	1844	25 following:
1845	1845	26 (1) That, beginning July 1, 2015, the provider is required to report
1846	1846	27 immunization data to the immunization data registry.
1847	1847	28 (2) That the patient or the patient's parent or guardian, if the
1848	1848	29 patient is less than eighteen (18) years of age, has a right to
1849	1849	30 exempt disclosure of immunization data to the registry and may
1850	1850	31 prevent disclosure by signing an immunization data exemption
1851	1851	32 form.
1852	1852	33 (3) That the patient or the patient's parent or guardian, if the
1853	1853	34 patient is less than eighteen (18) years of age, may have the
1854	1854	35 individual's information removed from the immunization data
1855	1855	36 registry.
1856	1856	37 (4) Instructions on how to have the information removed.
1857	1857	38 SECTION 31. IC 16-41-39.4-3, AS AMENDED BY P.L.102-2008,
1858	1858	39 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1859	1859	40 JULY 1, 2024]: Sec. 3. (a) A person that examines the blood of an
1860	1860	41 individual described in section 2 of this chapter for the presence of lead
1861	1861	42 must report to the state department the results of the examination not
1862	1862	2024 IN 1291—LS 6832/DI 149 44
1863	1863	1 later than one (1) week after completing the examination. The report
1864	1864	2 must include at least the following:
1865	1865	3 (1) With respect to the individual whose blood is examined:
1866	1866	4 (A) the name;
1867	1867	5 (B) the date of birth;
1868	1868	6 (C) the gender; biological sex;
1869	1869	7 (D) the race; and
1870	1870	8 (E) any other information that is required to be included to
1871	1871	9 qualify to receive federal funding.
1872	1872	10 (2) With respect to the examination:
1873	1873	11 (A) the date;
1874	1874	12 (B) the type of blood test performed;
1875	1875	13 (C) the person's normal limits for the test;
1876	1876	14 (D) the results of the test; and
1877	1877	15 (E) the person's interpretation of the results of the test.
1878	1878	16 (3) The names, addresses, and telephone numbers of:
1879	1879	17 (A) the person; and
1880	1880	18 (B) the attending physician, hospital, clinic, or other specimen
1881	1881	19 submitter.
1882	1882	20 (b) If a person required to report under subsection (a) has submitted
1883	1883	21 more than fifty (50) results in the previous calendar year, the person
1884	1884	22 must submit subsequent reports in an electronic format determined by
1885	1885	23 the state department.
1886	1886	24 (c) Except as provided in subsection (d), if a person required to
1887	1887	25 report under subsection (a) fails to provide complete information
1888	1888	26 within ten (10) days after notification by the state department, the state
1889	1889	27 department may, in accordance with IC 4-21.5, assess a civil penalty
1890	1890	28 against the person in an amount equal to one thousand five hundred
1891	1891	29 dollars ($1,500) for each incomplete report that is submitted after
1892	1892	30 receipt of the notification. Money received by the state department
1893	1893	31 under this subsection shall be deposited in the fund.
1894	1894	32 (d) Subsection (c) does not apply to a person who acts in good faith
1895	1895	33 to provide a complete report required under subsection (a), but who:
1896	1896	34 (1) is unable to collect all of the information required for a
1897	1897	35 complete report; or
1898	1898	36 (2) provides incorrect information on a completed report.
1899	1899	37 SECTION 32. IC 20-19-3-4, AS AMENDED BY P.L.269-2019,
1900	1900	38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1901	1901	39 JULY 1, 2024]: Sec. 4. (a) The department shall:
1902	1902	40 (1) perform the duties required by statute;
1903	1903	41 (2) implement the policies and procedures established by the state
1904	1904	42 board;
1905	1905	2024 IN 1291—LS 6832/DI 149 45
1906	1906	1 (3) conduct analytical research to assist the state board in
1907	1907	2 determining the state's educational policy;
1908	1908	3 (4) compile statistics concerning the ethnicity, gender, biological
1909	1909	4 sex, and disability status of students in Indiana schools, including
1910	1910	5 statistics for all information that the department receives from
1911	1911	6 school corporations on enrollment, number of suspensions, and
1912	1912	7 number of expulsions; and
1913	1913	8 (5) provide technical assistance to school corporations.
1914	1914	9 (b) In compiling statistics by gender, biological sex, ethnicity, and
1915	1915	10 disability status under subsection (a)(4), the department shall also
1916	1916	11 categorize suspensions and expulsions by cause as follows:
1917	1917	12 (1) Alcohol.
1918	1918	13 (2) Drugs.
1919	1919	14 (3) Deadly weapons (other than firearms).
1920	1920	15 (4) Handguns.
1921	1921	16 (5) Rifles or shotguns.
1922	1922	17 (6) Other firearms.
1923	1923	18 (7) Tobacco.
1924	1924	19 (8) Attendance.
1925	1925	20 (9) Destruction of property.
1926	1926	21 (10) Legal settlement (under IC 20-33-8-17).
1927	1927	22 (11) Fighting (incident does not rise to the level of battery).
1928	1928	23 (12) A battery offense included in IC 35-42-2.
1929	1929	24 (13) Intimidation (IC 35-45-2-1).
1930	1930	25 (14) Verbal aggression or profanity.
1931	1931	26 (15) Defiance.
1932	1932	27 (16) Other.
1933	1933	28 (c) The department shall provide the state board any data, including
1934	1934	29 fiscal data, as determined by the state board, in a reasonable time frame
1935	1935	30 established by the state board after consultation with the department,
1936	1936	31 necessary to conduct an audit or evaluation of any federal or state
1937	1937	32 supported program principally engaged in the provision of education,
1938	1938	33 including, but not limited to:
1939	1939	34 (1) early childhood education;
1940	1940	35 (2) elementary and secondary education;
1941	1941	36 (3) postsecondary education;
1942	1942	37 (4) special education;
1943	1943	38 (5) job training;
1944	1944	39 (6) career and technical education; and
1945	1945	40 (7) adult education;
1946	1946	41 or for the enforcement of or compliance with federal legal requirements
1947	1947	42 related to those education programs as determined by the state board.
1948	1948	2024 IN 1291—LS 6832/DI 149 46
1949	1949	1 The state board and the department are considered state educational
1950	1950	2 authorities within the meaning of the federal Family Educational Rights
1951	1951	3 and Privacy Act (20 U.S.C. 1232g and 34 CFR Part 99) for the purpose
1952	1952	4 of allowing the free exchange of information between the department
1953	1953	5 and the state board.
1954	1954	6 (d) The department may, upon request by a new school, assign an
1955	1955	7 identification number for the new school.
1956	1956	8 (e) The department shall develop guidelines necessary to implement
1957	1957	9 this section.
1958	1958	10 SECTION 33. IC 20-19-3-17, AS AMENDED BY P.L.246-2023,
1959	1959	11 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1960	1960	12 JULY 1, 2024]: Sec. 17. (a) As used in this section, "foster care" has
1961	1961	13 the meaning set forth in IC 31-9-2-46.7.
1962	1962	14 (b) As used in this section, "foster care youth" means students in
1963	1963	15 foster care.
1964	1964	16 (c) As used in this section, "graduation rate" has the meaning set
1965	1965	17 forth in IC 20-26-13-6.
1966	1966	18 (d) The state board shall, in collaboration with the department and
1967	1967	19 the department of child services, annually prepare a report on foster
1968	1968	20 care youth educational outcomes that includes the following:
1969	1969	21 (1) The annual graduation rate of foster care youth, including the
1970	1970	22 following information:
1971	1971	23 (A) The graduation rate for each of the following:
1972	1972	24 (i) Foster care youth who received a graduation waiver
1973	1973	25 under IC 20-32-4-4.
1974	1974	26 (ii) Foster care youth who did not receive a graduation
1975	1975	27 waiver under IC 20-32-4-4.
1976	1976	28 (B) The number and percentage of foster care youth who
1977	1977	29 received each type of diploma.
1978	1978	30 (2) The adjusted cohort graduation rate for foster care youth,
1979	1979	31 including the adjusted cohort graduation rate for each of the
1980	1980	32 following:
1981	1981	33 (A) Foster care youth who received a graduation waiver under
1982	1982	34 IC 20-32-4-4.
1983	1983	35 (B) Foster care youth who did not receive a graduation waiver
1984	1984	36 under IC 20-32-4-4.
1985	1985	37 (3) The number and percentage for each of the following:
1986	1986	38 (A) Foster care youth who were promoted to the next grade
1987	1987	39 level at the end of the school year.
1988	1988	40 (B) Foster care youth who were retained in the same grade
1989	1989	41 level for the next school year.
1990	1990	42 (C) Foster care youth who were suspended during the school
1991	1991	2024 IN 1291—LS 6832/DI 149 47
1992	1992	1 year.
1993	1993	2 (D) Foster care youth who were expelled during the school
1994	1994	3 year.
1995	1995	4 (E) Foster care youth who met academic standards on
1996	1996	5 statewide assessment program tests (as defined in
1997	1997	6 IC 20-32-2-2.3) administered during the school year.
1998	1998	7 The information reported under this subdivision must also be
1999	1999	8 disaggregated by race, grade, gender, biological sex, free or
2000	2000	9 reduced price lunch status, and eligibility for special education.
2001	2001	10 (4) The number and percentage of eligible foster care youth who
2002	2002	11 are enrolled in the prekindergarten program under IC 12-17.2-7.2.
2003	2003	12 (5) The number and percentage of foster care youth who passed
2004	2004	13 the reading skills evaluation administered under IC 20-32-8.5-2.
2005	2005	14 (6) The number and percentage of foster care youth enrolled in
2006	2006	15 schools, disaggregated by the category or designation of the
2007	2007	16 school under IC 20-31-8-3.
2008	2008	17 (7) The number and percentage of foster care youth enrolled in
2009	2009	18 schools, disaggregated by the type of school, including public
2010	2010	19 schools, charter schools, and secure private facilities (as defined
2011	2011	20 in IC 31-9-2-115).
2012	2012	21 (e) Not later than June 30, 2019, the department shall:
2013	2013	22 (1) after consulting with the department of child services, develop
2014	2014	23 a remediation plan concerning foster care youth; and
2015	2015	24 (2) submit a copy of the remediation plan to the following:
2016	2016	25 (A) The state board.
2017	2017	26 (B) The department of child services.
2018	2018	27 (C) The legislative council in an electronic format under
2019	2019	28 IC 5-14-6.
2020	2020	29 (f) Before April 1, 2019, and before April 1 each year thereafter, the
2021	2021	30 department shall submit the report described in subsection (d) to the
2022	2022	31 following:
2023	2023	32 (1) Department of child services.
2024	2024	33 (2) Legislative council in an electronic format under IC 5-14-6.
2025	2025	34 SECTION 34. IC 20-19-3-18, AS AMENDED BY P.L.246-2023,
2026	2026	35 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2027	2027	36 JULY 1, 2024]: Sec. 18. (a) As used in this section, "graduation rate"
2028	2028	37 has the meaning set forth in IC 20-26-13-6.
2029	2029	38 (b) The state board shall, in collaboration with the department and
2030	2030	39 the department of child services, annually prepare a report on homeless
2031	2031	40 youth educational outcomes that includes the following:
2032	2032	41 (1) The annual graduation rate of homeless youth, including the
2033	2033	42 following information:
2034	2034	2024 IN 1291—LS 6832/DI 149 48
2035	2035	1 (A) The graduation rate for each of the following:
2036	2036	2 (i) Homeless youth who received a graduation waiver under
2037	2037	3 IC 20-32-4-4.
2038	2038	4 (ii) Homeless youth who did not receive a graduation waiver
2039	2039	5 under IC 20-32-4-4.
2040	2040	6 (B) The number and percentage of homeless youth who
2041	2041	7 received each type of diploma.
2042	2042	8 (2) The adjusted cohort graduation rate for homeless youth,
2043	2043	9 including the adjusted cohort graduation rate for each of the
2044	2044	10 following:
2045	2045	11 (A) Homeless youth who received a graduation waiver under
2046	2046	12 IC 20-32-4-4.
2047	2047	13 (B) Homeless youth who did not receive a graduation waiver
2048	2048	14 under IC 20-32-4-4.
2049	2049	15 (3) The number and percentage of each of the following:
2050	2050	16 (A) Homeless youth who were promoted to the next grade
2051	2051	17 level at the end of the school year.
2052	2052	18 (B) Homeless youth who were retained in the same grade level
2053	2053	19 for the next school year.
2054	2054	20 (C) Homeless youth who were suspended during the school
2055	2055	21 year.
2056	2056	22 (D) Homeless youth who were expelled during the school year.
2057	2057	23 (E) Homeless youth who met academic standards on statewide
2058	2058	24 assessment program tests (as defined in IC 20-32-2-2.3)
2059	2059	25 administered during the school year.
2060	2060	26 The information reported under this subdivision must also be
2061	2061	27 disaggregated by race, grade, gender, biological sex, free or
2062	2062	28 reduced price lunch status, and eligibility for special education.
2063	2063	29 (4) The number and percentage of eligible homeless youth who
2064	2064	30 are enrolled in the prekindergarten program under IC 12-17.2-7.2.
2065	2065	31 (5) The number and percentage of homeless youth who passed the
2066	2066	32 reading skills evaluation administered under IC 20-32-8.5-2.
2067	2067	33 (6) The number and percentage of homeless youth enrolled in
2068	2068	34 schools, disaggregated by the category or designation of the
2069	2069	35 school under IC 20-31-8-3.
2070	2070	36 (7) The number and percentage of homeless youth enrolled in
2071	2071	37 schools, disaggregated by the type of school, including public
2072	2072	38 schools, charter schools, and secure private facilities (as defined
2073	2073	39 in IC 31-9-2-115).
2074	2074	40 (c) Not later than August 31, 2019, the department shall:
2075	2075	41 (1) develop a remediation plan concerning homeless youth; and
2076	2076	42 (2) submit a copy of the remediation plan to the following:
2077	2077	2024 IN 1291—LS 6832/DI 149 49
2078	2078	1 (A) The state board.
2079	2079	2 (B) The Indiana housing and community development
2080	2080	3 authority established by IC 5-20-1-3.
2081	2081	4 (C) The legislative council in an electronic format under
2082	2082	5 IC 5-14-6.
2083	2083	6 (d) Before June 1, 2019, and before June 1 each year thereafter, the
2084	2084	7 department shall submit the report described in subsection (b) to the
2085	2085	8 following:
2086	2086	9 (1) The Indiana housing and community development authority.
2087	2087	10 (2) The legislative council in an electronic format under
2088	2088	11 IC 5-14-6.
2089	2089	12 SECTION 35. IC 20-24-2-2, AS ADDED BY P.L.1-2005,
2090	2090	13 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2091	2091	14 JULY 1, 2024]: Sec. 2. A charter school is subject to all federal and
2092	2092	15 state laws and constitutional provisions that prohibit discrimination on
2093	2093	16 the basis of the following:
2094	2094	17 (1) Disability.
2095	2095	18 (2) Race.
2096	2096	19 (3) Color.
2097	2097	20 (4) Gender. Biological sex.
2098	2098	21 (5) National origin.
2099	2099	22 (6) Religion.
2100	2100	23 (7) Ancestry.
2101	2101	24 SECTION 36. IC 20-24-5-4, AS AMENDED BY P.L.280-2013,
2102	2102	25 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2103	2103	26 JULY 1, 2024]: Sec. 4. (a) Except as provided in this chapter, a charter
2104	2104	27 school may not establish admission policies or limit student admissions
2105	2105	28 in any manner in which a public school is not permitted to establish
2106	2106	29 admission policies or limit student admissions.
2107	2107	30 (b) Notwithstanding subsection (a), a charter school may operate as
2108	2108	31 a single gender sex school if approved to do so by the authorizer. A
2109	2109	32 single gender sex charter school must be open to any student of the
2110	2110	33 gender biological sex the school serves who resides in Indiana.
2111	2111	34 SECTION 37. IC 20-24-5-5, AS AMENDED BY P.L.216-2021,
2112	2112	35 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2113	2113	36 JULY 1, 2024]: Sec. 5. (a) Except as provided in subsections (b), (c),
2114	2114	37 (d), (e), (f), and (g) and section 4.5 of this chapter, a charter school
2115	2115	38 must enroll any eligible student who submits a timely application for
2116	2116	39 enrollment.
2117	2117	40 (b) This subsection applies if the number of applications for a
2118	2118	41 program, class, grade level, or building exceeds the capacity of the
2119	2119	42 program, class, grade level, or building. If a charter school receives a
2120	2120	2024 IN 1291—LS 6832/DI 149 50
2121	2121	1 greater number of applications than there are spaces for students, each
2122	2122	2 timely applicant must be given an equal chance of admission. The
2123	2123	3 organizer must determine which of the applicants will be admitted to
2124	2124	4 the charter school or the program, class, grade level, or building by
2125	2125	5 random drawing in a public meeting, with each timely applicant limited
2126	2126	6 to one (1) entry in the drawing. However, the organizer of a charter
2127	2127	7 school located in a county with a consolidated city shall determine
2128	2128	8 which of the applicants will be admitted to the charter school or the
2129	2129	9 program, class, grade level, or building by using a publicly verifiable
2130	2130	10 random selection process.
2131	2131	11 (c) A charter school may limit new admissions to the charter school
2132	2132	12 to:
2133	2133	13 (1) ensure that a student who attends the charter school during a
2134	2134	14 school year may continue to attend the charter school in
2135	2135	15 subsequent years;
2136	2136	16 (2) ensure that a student who attends a charter school during a
2137	2137	17 school year may continue to attend a different charter school held
2138	2138	18 by the same organizer in subsequent years;
2139	2139	19 (3) allow the siblings of a student alumnus or a current student
2140	2140	20 who attends a charter school or a charter school held by the same
2141	2141	21 organizer to attend the same charter school the student is
2142	2142	22 attending or the student alumnus attended;
2143	2143	23 (4) allow preschool students who attend a Level 3 or Level 4
2144	2144	24 Paths to QUALITY program preschool to attend kindergarten at
2145	2145	25 a charter school if the charter school and the preschool provider
2146	2146	26 have entered into an agreement to share services or facilities;
2147	2147	27 (5) allow each student who qualifies for free or reduced price
2148	2148	28 lunch under the national school lunch program to receive
2149	2149	29 preference for admission to a charter school if the preference is
2150	2150	30 specifically provided for in the charter school's charter and is
2151	2151	31 approved by the authorizer; and
2152	2152	32 (6) allow each student who attends a charter school that is
2153	2153	33 co-located with the charter school to receive preference for
2154	2154	34 admission to the charter school if the preference is specifically
2155	2155	35 provided for in the charter school's charter and is approved by the
2156	2156	36 charter school's authorizer.
2157	2157	37 (d) This subsection applies to an existing school that converts to a
2158	2158	38 charter school under IC 20-24-11. During the school year in which the
2159	2159	39 existing school converts to a charter school, the charter school may
2160	2160	40 limit admission to:
2161	2161	41 (1) those students who were enrolled in the charter school on the
2162	2162	42 date of the conversion; and
2163	2163	2024 IN 1291—LS 6832/DI 149 51
2164	2164	1 (2) siblings of students described in subdivision (1).
2165	2165	2 (e) A charter school may give enrollment preference to children of
2166	2166	3 the charter school's founders, governing body members, and charter
2167	2167	4 school employees, as long as the enrollment preference under this
2168	2168	5 subsection is not given to more than ten percent (10%) of the charter
2169	2169	6 school's total population.
2170	2170	7 (f) A charter school may give enrollment preference to children who
2171	2171	8 attend another charter school that is closed or non-renewed under
2172	2172	9 IC 20-24-4-3 or IC 20-24-9-4.
2173	2173	10 (g) A charter school may not suspend or expel a charter school
2174	2174	11 student or otherwise request a charter school student to transfer to
2175	2175	12 another school on the basis of the following:
2176	2176	13 (1) Disability.
2177	2177	14 (2) Race.
2178	2178	15 (3) Color.
2179	2179	16 (4) Gender. Biological sex.
2180	2180	17 (5) National origin.
2181	2181	18 (6) Religion.
2182	2182	19 (7) Ancestry.
2183	2183	20 A charter school student may be expelled or suspended only in a
2184	2184	21 manner consistent with discipline rules established under IC 20-24-5.5.
2185	2185	22 SECTION 38. IC 20-26-18-6, AS AMENDED BY P.L.25-2016,
2186	2186	23 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2187	2187	24 JULY 1, 2024]: Sec. 6. (a) Not later than June 1, 2017, and before June
2188	2188	25 2 of each year thereafter, each school corporation shall submit to the
2189	2189	26 department a written report, on forms developed by the department,
2190	2190	27 outlining the activities undertaken as part of the school corporation's
2191	2191	28 compliance with this chapter. The report must include school based
2192	2192	29 data to monitor for disproportionality, with each school reporting the
2193	2193	30 number of investigations disposed of internally and the number of
2194	2194	31 cases referred to local law enforcement, disaggregated by race,
2195	2195	32 ethnicity, age, and gender. biological sex.
2196	2196	33 (b) Not later than November 1, 2017, and before November 2 of
2197	2197	34 each year thereafter, the department shall submit a comprehensive
2198	2198	35 report concerning criminal organization activity in schools to the
2199	2199	36 governor and the general assembly. A report submitted to the general
2200	2200	37 assembly under this subsection must be in an electronic format under
2201	2201	38 IC 5-14-6. The report must include the following:
2202	2202	39 (1) A summary of the activities reported to the department under
2203	2203	40 subsection (a).
2204	2204	41 (2) Any recommendations or conclusions made by the department
2205	2205	42 to assist in the prevention of, education about, and intervention in
2206	2206	2024 IN 1291—LS 6832/DI 149 52
2207	2207	1 criminal organization activity in schools.
2208	2208	2 SECTION 39. IC 20-30-5-23, AS AMENDED BY P.L.76-2020,
2209	2209	3 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2210	2210	4 JULY 1, 2024]: Sec. 23. (a) After June 30, 2021, each public high
2211	2211	5 school, including each charter school, shall offer at least one (1)
2212	2212	6 computer science course as a one (1) semester elective in the public
2213	2213	7 high school's curriculum at least once each school year for high school
2214	2214	8 students.
2215	2215	9 (b) After June 30, 2021, each public school, including each charter
2216	2216	10 school, shall include computer science in the public school's
2217	2217	11 curriculum for students in kindergarten through grade 12. A public
2218	2218	12 high school fulfills the requirements under this subsection by meeting
2219	2219	13 the requirements under subsection (a).
2220	2220	14 (c) If a public school fails to comply with this section, the
2221	2221	15 department shall assist the public school in meeting the requirements
2222	2222	16 under this section.
2223	2223	17 (d) The department shall:
2224	2224	18 (1) prepare an annual report concerning the implementation of
2225	2225	19 computer science courses in public high schools, including
2226	2226	20 charter schools, that includes the information described in
2227	2227	21 subsection (e); and
2228	2228	22 (2) submit, before December 1 of each year, the report to the
2229	2229	23 following:
2230	2230	24 (A) The state board.
2231	2231	25 (B) The general assembly.
2232	2232	26 (C) The commission for higher education.
2233	2233	27 The department shall submit the written report to the general assembly
2234	2234	28 in an electronic format under IC 5-14-6.
2235	2235	29 (e) The report under subsection (d) must include the following
2236	2236	30 information:
2237	2237	31 (1) The total number and percentage of computer science unique
2238	2238	32 student course enrollments and course completions for each
2239	2239	33 public high school, including each charter school, and by each
2240	2240	34 course title approved by the department.
2241	2241	35 (2) The number and percentage of unique student enrollments and
2242	2242	36 course completions in a computer science course by each course
2243	2243	37 title approved by the department and disaggregated by:
2244	2244	38 (A) race;
2245	2245	39 (B) gender; biological sex;
2246	2246	40 (C) grade;
2247	2247	41 (D) ethnicity;
2248	2248	42 (E) limited English language proficiency;
2249	2249	2024 IN 1291—LS 6832/DI 149 53
2250	2250	1 (F) free or reduced price lunch status; and
2251	2251	2 (G) eligibility for special education.
2252	2252	3 (3) The number of computer science instructors at each school
2253	2253	4 disaggregated by:
2254	2254	5 (A) gender; biological sex;
2255	2255	6 (B) certification, if applicable; and
2256	2256	7 (C) academic degree.
2257	2257	8 (4) Any other pertinent matters.
2258	2258	9 (f) The department shall post the report described in subsections (d)
2259	2259	10 and (e) on the department's Internet web site.
2260	2260	11 SECTION 40. IC 20-34-6-1, AS AMENDED BY P.L.83-2018,
2261	2261	12 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2262	2262	13 JULY 1, 2024]: Sec. 1. (a) By July 1 of each year, each school
2263	2263	14 corporation shall submit a report to the department detailing the
2264	2264	15 following information for the current school year for each school in the
2265	2265	16 school corporation and for the entire school corporation:
2266	2266	17 (1) The number of arrests of students on school corporation
2267	2267	18 property, including arrests made by law enforcement officers,
2268	2268	19 security guards, school safety specialists, and other school
2269	2269	20 corporation employees, and any citizen arrests.
2270	2270	21 (2) The offenses for which students were arrested on school
2271	2271	22 corporation property.
2272	2272	23 (3) The number of contacts with law enforcement personnel from
2273	2273	24 a school corporation employee that have resulted in arrests of
2274	2274	25 students not on school corporation property.
2275	2275	26 (4) Statistics concerning the age, race, and gender biological sex
2276	2276	27 of students arrested on school corporation property and
2277	2277	28 categorizing the statistics by offenses.
2278	2278	29 (5) Whether the school corporation has established and employs
2279	2279	30 a school corporation police department under IC 20-26-16, and if
2280	2280	31 so, report:
2281	2281	32 (A) the number of officers in the school corporation police
2282	2282	33 department; and
2283	2283	34 (B) the training the officers must complete.
2284	2284	35 (6) If the school corporation employs private security guards to
2285	2285	36 enforce rules or laws on school property, a detailed explanation
2286	2286	37 of the use of private security guards by the school corporation.
2287	2287	38 (7) If the school corporation has an agreement with a local law
2288	2288	39 enforcement agency regarding procedures to arrest students on
2289	2289	40 school property, a detailed explanation of the use of the local law
2290	2290	41 enforcement agency by the school corporation.
2291	2291	42 (8) The number of reported bullying incidents involving a student
2292	2292	2024 IN 1291—LS 6832/DI 149 54
2293	2293	1 of the school corporation by category. However, nothing in this
2294	2294	2 subdivision may be construed to require all bullying incidents to
2295	2295	3 be reported to a law enforcement agency.
2296	2296	4 (b) By August 1 of each year, the department shall submit a report
2297	2297	5 to:
2298	2298	6 (1) the legislative council;
2299	2299	7 (2) the board for the coordination of programs serving vulnerable
2300	2300	8 individuals established by IC 4-23-30.2-8; and
2301	2301	9 (3) the criminal justice institute;
2302	2302	10 providing a summary of the reports submitted to the department under
2303	2303	11 subsection (a). The report to the legislative council must be in an
2304	2304	12 electronic format under IC 5-14-6.
2305	2305	13 (c) By August 1 of each year, the department must post the reports
2306	2306	14 described in subsections (a) and (b) on the department's Internet web
2307	2307	15 site.
2308	2308	16 (d) Information reported under subsection (a)(8) may not be used in
2309	2309	17 the calculation of a school corporation's improvement under
2310	2310	18 IC 20-31-8.
2311	2311	19 SECTION 41. IC 20-36-3-10, AS AMENDED BY P.L.86-2018,
2312	2312	20 SECTION 182, IS AMENDED TO READ AS FOLLOWS
2313	2313	21 [EFFECTIVE JULY 1, 2024]: Sec. 10. The department shall prepare
2314	2314	22 an annual report concerning the implementation of the program and
2315	2315	23 shall submit the report to the state board before December 1 of each
2316	2316	24 year. The report must include the pertinent details of the program,
2317	2317	25 including the following:
2318	2318	26 (1) The number of students participating in the program.
2319	2319	27 (2) The number of teachers attending a summer institute offered
2320	2320	28 by the College Board.
2321	2321	29 (3) Recent trends in the field of advanced placement.
2322	2322	30 (4) The distribution of money under this program.
2323	2323	31 (5) Gender Biological sex and minority participation.
2324	2324	32 (6) Other pertinent matters.
2325	2325	33 SECTION 42. IC 20-51.4-5-3, AS AMENDED BY P.L.202-2023,
2326	2326	34 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2327	2327	35 JULY 1, 2024]: Sec. 3. (a) Each qualified school that is an ESA
2328	2328	36 participating entity that accepts payments for tuition and fees made
2329	2329	37 from an ESA account under the ESA program shall administer to its
2330	2330	38 eligible students, for the applicable grade levels as provided under
2331	2331	39 IC 20-32-5.1, the statewide assessment unless otherwise prescribed by
2332	2332	40 the eligible student's:
2333	2333	41 (1) individualized education program;
2334	2334	42 (2) service plan developed under 511 IAC 7-34;
2335	2335	2024 IN 1291—LS 6832/DI 149 55
2336	2336	1 (3) choice special education plan developed under 511 IAC 7-49;
2337	2337	2 or
2338	2338	3 (4) plan developed under Section 504 of the federal Rehabilitation
2339	2339	4 Act of 1973, 29 U.S.C. 794.
2340	2340	5 (b) Upon receipt of the statewide assessment test results, the
2341	2341	6 department shall, subject to the federal Family Educational Rights and
2342	2342	7 Privacy Act (20 U.S.C. 1232g) and any regulations adopted under that
2343	2343	8 act:
2344	2344	9 (1) aggregate the statewide assessment test results according to
2345	2345	10 the grade level, gender, biological sex, race, and family income
2346	2346	11 level of all eligible students; and
2347	2347	12 (2) make the results determined under subdivision (1) available
2348	2348	13 on the department's website.
2349	2349	14 SECTION 43. IC 27-2-17-6 IS AMENDED TO READ AS
2350	2350	15 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) An insurance
2351	2351	16 company that issues property or casualty insurance shall not
2352	2352	17 discriminate in the appointment of an independent insurance producer
2353	2353	18 on the basis of race, color, national origin, or gender. biological sex.
2354	2354	19 (b) Except as provided in subsection (c), the department has
2355	2355	20 exclusive jurisdiction to investigate any complaints of discrimination
2356	2356	21 in the appointment of independent insurance producers in violation of
2357	2357	22 subsection (a).
2358	2358	23 (c) If the commissioner of the department determines after a hearing
2359	2359	24 that an insurance company has violated subsection (a), the
2360	2360	25 commissioner may order one (1) of the following remedies:
2361	2361	26 (1) Payment of a civil penalty of not more than two thousand
2362	2362	27 dollars ($2,000) for each violation.
2363	2363	28 (2) Suspension or revocation of the insurance company's
2364	2364	29 certificate of authority if the commissioner determines that the
2365	2365	30 violation was willful or wanton and that similar violations have
2366	2366	31 been committed by that company with a frequency that constitutes
2367	2367	32 a general business practice.
2368	2368	33 (3) Any other remedy agreed to by the department and the
2369	2369	34 insurance company.
2370	2370	35 (d) Any determination made by the commissioner under this section
2371	2371	36 is subject to IC 4-21.5.
2372	2372	37 (e) Findings of the department under this section may not be
2373	2373	38 considered as evidence in any civil action other than an appeal as
2374	2374	39 provided under IC 4-21.5.
2375	2375	40 SECTION 44. IC 27-2-21-16, AS AMENDED BY P.L.84-2009,
2376	2376	41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2377	2377	42 JULY 1, 2024]: Sec. 16. (a) An insurer that uses credit information to
2378	2378	2024 IN 1291—LS 6832/DI 149 56
2379	2379	1 underwrite or rate risks shall not do the following:
2380	2380	2 (1) Use an insurance score that is calculated using income,
2381	2381	3 gender, biological sex, address, ZIP code, ethnic group, religion,
2382	2382	4 marital status, or nationality of the consumer as a factor.
2383	2383	5 (2) Deny, cancel, or decline to renew a personal insurance policy
2384	2384	6 solely on the basis of credit information.
2385	2385	7 (3) Base an insured's renewal rate for a personal insurance policy
2386	2386	8 solely on credit information.
2387	2387	9 (4) Take an adverse action against a consumer solely because the
2388	2388	10 consumer does not have a credit card account.
2389	2389	11 (5) Consider an absence of credit information or an inability to
2390	2390	12 calculate an insurance score in underwriting or rating a personal
2391	2391	13 insurance policy, unless the insurer does one (1) of the following:
2392	2392	14 (A) Presents to the commissioner information that the absence
2393	2393	15 or inability relates to the risk for the insurer and treats the
2394	2394	16 consumer as approved by the commissioner.
2395	2395	17 (B) Treats the consumer as if the consumer had neutral credit
2396	2396	18 information, as defined by the insurer.
2397	2397	19 (6) Take an adverse action against a consumer based on credit
2398	2398	20 information unless the insurer obtains and uses:
2399	2399	21 (A) a credit report issued; or
2400	2400	22 (B) an insurance score calculated;
2401	2401	23 not more than ninety (90) days before the date the personal
2402	2402	24 insurance policy is first written or the renewal is issued.
2403	2403	25 (7) Use the following as a negative factor in an insurance scoring
2404	2404	26 methodology or in reviewing credit information for the purpose
2405	2405	27 of underwriting or rating a personal insurance policy:
2406	2406	28 (A) A credit inquiry:
2407	2407	29 (i) not initiated by the consumer; or
2408	2408	30 (ii) requested by the consumer for the consumer's own credit
2409	2409	31 information.
2410	2410	32 (B) A credit inquiry relating to insurance coverage.
2411	2411	33 (C) A late payment or a collection account with a medical
2412	2412	34 industry code on the consumer's credit report.
2413	2413	35 (D) Multiple lender inquiries:
2414	2414	36 (i) coded by the consumer reporting agency on the
2415	2415	37 consumer's credit report as being from the home mortgage
2416	2416	38 industry; and
2417	2417	39 (ii) made within thirty (30) days of one another.
2418	2418	40 (E) Multiple lender inquiries:
2419	2419	41 (i) coded by the consumer reporting agency on the
2420	2420	42 consumer's credit report as being from the automobile
2421	2421	2024 IN 1291—LS 6832/DI 149 57
2422	2422	1 lending industry; and
2423	2423	2 (ii) made within thirty (30) days of one another.
2424	2424	3 (b) An insurer that uses credit information to underwrite or rate risks
2425	2425	4 shall, at annual renewal upon the request of an insured or an insured's
2426	2426	5 agent, re-underwrite and re-rate the insured's personal insurance policy
2427	2427	6 based on a current credit report or insurance score unless one (1) of the
2428	2428	7 following applies:
2429	2429	8 (1) The insurer's treatment of the consumer is otherwise approved
2430	2430	9 by the commissioner.
2431	2431	10 (2) The insured is in the most favorably priced tier of the insurer,
2432	2432	11 within a group of affiliated insurers.
2433	2433	12 (3) Credit information was not used for underwriting or rating the
2434	2434	13 insured when the personal insurance policy was initially written.
2435	2435	14 (4) The insurer reevaluates the insured at least every thirty-six
2436	2436	15 (36) months after a personal insurance policy is issued based on
2437	2437	16 underwriting or rating factors other than credit information.
2438	2438	17 (5) The insurer has re-underwritten and re-rated the insured's
2439	2439	18 personal insurance policy based on a credit report obtained or an
2440	2440	19 insurance score recalculated less than twelve (12) months before
2441	2441	20 the date of the request by the insured or the insured's agent.
2442	2442	21 (c) An insurer that uses credit information to underwrite or rate risks
2443	2443	22 may obtain current credit information upon the renewal of a personal
2444	2444	23 insurance policy when renewal occurs more frequently than every
2445	2445	24 thirty-six (36) months if consistent with the insurer's underwriting
2446	2446	25 guidelines.
2447	2447	26 SECTION 45. IC 27-2-27-12, AS ADDED BY P.L.130-2020,
2448	2448	27 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2449	2449	28 JULY 1, 2024]: Sec. 12. As used in this chapter, "nonpublic
2450	2450	29 information" means electronic information that is not publicly available
2451	2451	30 information and is described in either of the following subdivisions:
2452	2452	31 (1) Any information concerning a consumer, which because of
2453	2453	32 name, number, personal mark, or other identifier can be used, in
2454	2454	33 combination with any one (1) or more of the following data
2455	2455	34 elements, to identify the consumer:
2456	2456	35 (A) Social Security number.
2457	2457	36 (B) Driver's license number or nondriver identification card
2458	2458	37 number.
2459	2459	38 (C) Financial account number, credit card number, or debit
2460	2460	39 card number.
2461	2461	40 (D) Any security code, access code, or password that would
2462	2462	41 permit access to a consumer's financial account.
2463	2463	42 (E) Biometric records.
2464	2464	2024 IN 1291—LS 6832/DI 149 58
2465	2465	1 (2) Any information or data, except age or gender, biological sex,
2466	2466	2 in any form or medium created by or derived from a health care
2467	2467	3 provider or a consumer that can be used to identify a consumer
2468	2468	4 and relates to:
2469	2469	5 (A) the past, present, or future physical, mental, or behavioral
2470	2470	6 health or condition of the consumer or a member of the
2471	2471	7 consumer's family;
2472	2472	8 (B) the provision of health care to the consumer; or
2473	2473	9 (C) payment for the provision of health care provided to the
2474	2474	10 consumer.
2475	2475	11 SECTION 46. IC 31-11-1-1 IS AMENDED TO READ AS
2476	2476	12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Only a female
2477	2477	13 may marry a male. Only a male may marry a female.
2478	2478	14 (b) A marriage between persons of the same gender biological sex
2479	2479	15 is void in Indiana even if the marriage is lawful in the place where it is
2480	2480	16 solemnized.
2481	2481	17 SECTION 47. IC 31-11-1-7, AS ADDED BY P.L.94-2020,
2482	2482	18 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2483	2483	19 JULY 1, 2024]: Sec. 7. (a) A minor who is sixteen (16) or seventeen
2484	2484	20 (17) years of age may petition the juvenile court in the county in which
2485	2485	21 the minor resides for an order granting the minor approval to marry and
2486	2486	22 completely emancipating the minor. The petition must contain the
2487	2487	23 following information:
2488	2488	24 (1) The minor's name, gender, biological sex, and age.
2489	2489	25 (2) Documentary proof of the minor's date of birth.
2490	2490	26 (3) The minor's address, and how long the minor has resided at
2491	2491	27 that address.
2492	2492	28 (4) The following information with regard to the intended spouse:
2493	2493	29 (A) The intended spouse's name, gender, biological sex, and
2494	2494	30 age.
2495	2495	31 (B) Documentary proof of the intended spouse's date of birth.
2496	2496	32 (C) The intended spouse's address, and how long the intended
2497	2497	33 spouse has resided at that address.
2498	2498	34 (5) A statement of:
2499	2499	35 (A) the reasons the minor desires to marry;
2500	2500	36 (B) how the minor and the intended spouse came to know each
2501	2501	37 other; and
2502	2502	38 (C) how long the minor and the intended spouse have known
2503	2503	39 each other.
2504	2504	40 (6) Copies of:
2505	2505	41 (A) any criminal records of the minor and of the intended
2506	2506	42 spouse; and
2507	2507	2024 IN 1291—LS 6832/DI 149 59
2508	2508	1 (B) any protective order:
2509	2509	2 (i) issued to protect or restrain either the minor or the
2510	2510	3 intended spouse; and
2511	2511	4 (ii) relating to domestic or family violence, a sexual offense,
2512	2512	5 or stalking.
2513	2513	6 (7) Evidence that the minor has demonstrated maturity and
2514	2514	7 capacity for self-sufficiency and self-support independent of the
2515	2515	8 minor's parents or legal guardians or the intended spouse,
2516	2516	9 including proof that the minor:
2517	2517	10 (A) has graduated from high school;
2518	2518	11 (B) has obtained a high school equivalency diploma;
2519	2519	12 (C) has a plan for continued education;
2520	2520	13 (D) has completed a vocational training or certificate program;
2521	2521	14 (E) has attained a professional licensure or certification; or
2522	2522	15 (F) has maintained stable housing or employment for at least
2523	2523	16 three (3) consecutive months prior to filing the petition.
2524	2524	17 (b) A court with which a petition under subsection (a) is filed shall:
2525	2525	18 (1) set a date for an evidentiary hearing on the petition;
2526	2526	19 (2) provide reasonable notice of the hearing to the minor and the
2527	2527	20 minor's parents or legal guardians; and
2528	2528	21 (3) appoint an attorney to serve as guardian ad litem for the
2529	2529	22 minor.
2530	2530	23 (c) At the evidentiary hearing, the court shall conduct an in camera
2531	2531	24 interview with the minor separate from the minor's parents or legal
2532	2532	25 guardians and intended spouse.
2533	2533	26 (d) Following the evidentiary hearing, and subject to subsection (e),
2534	2534	27 the court may grant the petition if the court finds all of the following:
2535	2535	28 (1) The minor is a county resident who is at least sixteen (16)
2536	2536	29 years of age.
2537	2537	30 (2) The intended spouse is not more than four (4) years older than
2538	2538	31 the minor.
2539	2539	32 (3) The minor's decision to marry is voluntary, and free from
2540	2540	33 force, fraud, or coercion.
2541	2541	34 (4) The minor is mature enough to make a decision to marry.
2542	2542	35 (5) The minor has established the minor's capacity to be
2543	2543	36 self-sufficient and self-supporting independent of the minor's
2544	2544	37 parents, legal guardians, and intended spouse.
2545	2545	38 (6) The minor understands the rights and responsibilities of
2546	2546	39 parties to marriage and of completely emancipated minors.
2547	2547	40 (7) It is in the best interests of the minor for the court to grant the
2548	2548	41 petition to marry and to completely emancipate the minor. In
2549	2549	42 making the determination under this subdivision, the court shall
2550	2550	2024 IN 1291—LS 6832/DI 149 60
2551	2551	1 consider how marriage and emancipation may affect the minor's
2552	2552	2 health, safety, education, and welfare.
2553	2553	3 A court that grants a petition under this section shall issue written
2554	2554	4 findings regarding the court's conclusions under subdivisions (1)
2555	2555	5 through (7).
2556	2556	6 (e) The following, considered independently or together, are not
2557	2557	7 sufficient to determine the best interests of a minor for purposes of this
2558	2558	8 section:
2559	2559	9 (1) The fact that the minor or the intended spouse is pregnant or
2560	2560	10 has had a child.
2561	2561	11 (2) The wishes of the parents or legal guardians of the minor.
2562	2562	12 However, there is a rebuttable presumption that marriage and
2563	2563	13 emancipation are not in the best interests of the minor if both parents
2564	2564	14 of the minor oppose the minor's marriage and emancipation.
2565	2565	15 (f) The juvenile court shall deny a petition under this section if the
2566	2566	16 court finds any of the following:
2567	2567	17 (1) The intended spouse:
2568	2568	18 (A) is or was in a position of authority or special trust in
2569	2569	19 relation to the minor; or
2570	2570	20 (B) has or had a professional relationship with the minor, as
2571	2571	21 defined in IC 35-42-4-7.
2572	2572	22 (2) The intended spouse has been convicted of, or entered into a
2573	2573	23 diversion program for, an offense under IC 35-42:
2574	2574	24 (A) that involves an act of violence;
2575	2575	25 (B) of which a child was the victim; or
2576	2576	26 (C) that is an offense under:
2577	2577	27 (i) IC 35-42-3.5; or
2578	2578	28 (ii) IC 35-42-4.
2579	2579	29 (3) Either the minor or the intended spouse is pregnant or is the
2580	2580	30 mother of a child, and the court finds by a preponderance of
2581	2581	31 evidence that:
2582	2582	32 (A) the other party to the marriage is the father of the child or
2583	2583	33 unborn child; and
2584	2584	34 (B) the conception of the child or unborn child resulted from
2585	2585	35 the commission of an offense under:
2586	2586	36 (i) IC 35-42-4-3 (child molesting);
2587	2587	37 (ii) IC 35-42-4-6 (child solicitation);
2588	2588	38 (iii) IC 35-42-4-7 (child seduction); or
2589	2589	39 (iv) IC 35-42-4-9 (sexual misconduct with a minor).
2590	2590	40 (4) The intended spouse has previously been enjoined by a
2591	2591	41 protective order relating to domestic or family violence, a sexual
2592	2592	42 offense, or stalking, regardless of whether the person protected by
2593	2593	2024 IN 1291—LS 6832/DI 149 61
2594	2594	1 the order was the minor.
2595	2595	2 (g) If a court grants a petition under this section, the court shall also
2596	2596	3 issue an order of complete emancipation of the minor and provide a
2597	2597	4 certified copy of the order to the minor.
2598	2598	5 (h) A minor emancipated under this section is considered to have all
2599	2599	6 the rights and responsibilities of an adult, except as provided under
2600	2600	7 specific constitutional or statutory age requirements that apply to the
2601	2601	8 minor because of the minor's age, including requirements related to
2602	2602	9 voting, use of alcoholic beverages or tobacco products, and other health
2603	2603	10 and safety regulations.
2604	2604	11 (i) A court hearing a petition under this section may issue any other
2605	2605	12 order the court considers appropriate for the minor's protection.
2606	2606	13 (j) A court that grants a petition under this section may require that
2607	2607	14 both parties to the marriage complete premarital counseling with a
2608	2608	15 marriage and family therapist licensed under IC 25-22.5, IC 25-23.6-8,
2609	2609	16 or IC 25-33.
2610	2610	17 (k) A court that grants a petition under this section may impose any
2611	2611	18 other condition on the grant of the petition that the court determines is
2612	2612	19 reasonable under the circumstances.
2613	2613	20 SECTION 48. IC 31-33-18-1.5, AS AMENDED BY P.L.77-2023,
2614	2614	21 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2615	2615	22 JULY 1, 2024]: Sec. 1.5. (a) This section applies to records held by:
2616	2616	23 (1) a local office;
2617	2617	24 (2) the department; or
2618	2618	25 (3) the department of child services ombudsman established by
2619	2619	26 IC 4-13-19-3;
2620	2620	27 regarding a child whose death or near fatality may have been the result
2621	2621	28 of abuse, abandonment, or neglect.
2622	2622	29 (b) For purposes of subsection (a), a child's death or near fatality
2623	2623	30 may have been the result of abuse, abandonment, or neglect if:
2624	2624	31 (1) an entity described in subsection (a) determines that the child's
2625	2625	32 death or near fatality is the result of abuse, abandonment, or
2626	2626	33 neglect; or
2627	2627	34 (2) a prosecuting attorney files:
2628	2628	35 (A) an indictment or information; or
2629	2629	36 (B) a complaint alleging the commission of a delinquent act;
2630	2630	37 that, if proven, would cause a reasonable person to believe that
2631	2631	38 the child's death or near fatality may have been the result of
2632	2632	39 abuse, abandonment, or neglect.
2633	2633	40 Upon the request of any person, or upon its own motion, the court
2634	2634	41 exercising juvenile jurisdiction in the county in which the child's death
2635	2635	42 or near fatality occurred shall determine whether the allegations
2636	2636	2024 IN 1291—LS 6832/DI 149 62
2637	2637	1 contained in the indictment, information, or complaint described in
2638	2638	2 subdivision (2), if proven, would cause a reasonable person to believe
2639	2639	3 that the child's death or near fatality may have been the result of abuse,
2640	2640	4 abandonment, or neglect.
2641	2641	5 (c) If the juvenile court finds that the child's death or near fatality
2642	2642	6 was the result of abuse, abandonment, or neglect, the court shall make
2643	2643	7 written findings and provide a copy of the findings and the indictment,
2644	2644	8 information, or complaint described under subsection (b)(2) to the
2645	2645	9 department.
2646	2646	10 (d) As used in this section:
2647	2647	11 (1) "case" means:
2648	2648	12 (A) any intake report or other documentation such as a referral
2649	2649	13 or other matter received or generated by the department;
2650	2650	14 (B) any investigation or assessment conducted by the
2651	2651	15 department; or
2652	2652	16 (C) ongoing involvement between the department and a child
2653	2653	17 or family that is the result of:
2654	2654	18 (i) a program of informal adjustment; or
2655	2655	19 (ii) a child in need of services action;
2656	2656	20 for which related records and documents have not been expunged
2657	2657	21 as required by law or by a court at the time the department is
2658	2658	22 notified of a fatality or near fatality;
2659	2659	23 (2) "contact" means in person communication about a case in
2660	2660	24 which:
2661	2661	25 (A) the child who is the victim of a fatality or near fatality is
2662	2662	26 alleged to be a victim; or
2663	2663	27 (B) the perpetrator of the fatality or near fatality is alleged to
2664	2664	28 be the perpetrator;
2665	2665	29 (3) "identifying information" means information that identifies an
2666	2666	30 individual, including an individual's:
2667	2667	31 (A) name, address, date of birth, occupation, place of
2668	2668	32 employment, and telephone number;
2669	2669	33 (B) employer identification number, mother's maiden name,
2670	2670	34 Social Security number, or any identification number issued by
2671	2671	35 a governmental entity;
2672	2672	36 (C) unique biometric data, including the individual's
2673	2673	37 fingerprint, voice print, or retina or iris image;
2674	2674	38 (D) unique electronic identification number, address, or
2675	2675	39 routing code;
2676	2676	40 (E) telecommunication identifying information; or
2677	2677	41 (F) telecommunication access device, including a card, a plate,
2678	2678	42 a code, an account number, a personal identification number,
2679	2679	2024 IN 1291—LS 6832/DI 149 63
2680	2680	1 an electronic serial number, a mobile identification number, or
2681	2681	2 another telecommunications service or device or means of
2682	2682	3 account access;
2683	2683	4 (4) "life threatening" means an injury or condition that is
2684	2684	5 categorized as "serious" or "critical" in patient hospital records;
2685	2685	6 and
2686	2686	7 (5) "near fatality" means a severe childhood injury or condition
2687	2687	8 that is certified by a physician as being life threatening.
2688	2688	9 (e) Unless:
2689	2689	10 (1) a police investigation or criminal prosecution is ongoing; or
2690	2690	11 (2) information in a record is otherwise confidential under state
2691	2691	12 or federal law;
2692	2692	13 a record described in subsection (a) that has been redacted in
2693	2693	14 accordance with this section is not confidential and may be disclosed
2694	2694	15 to any person who requests the record. The person requesting the
2695	2695	16 record may be required to pay the reasonable expenses of copying the
2696	2696	17 record.
2697	2697	18 (f) When a person requests a record described in subsection (a), the
2698	2698	19 entity having control of the record shall immediately transmit a copy of
2699	2699	20 the record to the court exercising juvenile jurisdiction in the county in
2700	2700	21 which the death or near fatality of the child occurred. However, if the
2701	2701	22 court requests that the entity having control of a record transmit the
2702	2702	23 original record, the entity shall transmit the original record.
2703	2703	24 (g) Upon receipt of the record described in subsection (a), the court
2704	2704	25 shall, within thirty (30) days, redact the record to exclude:
2705	2705	26 (1) identifying information described in subsection (d)(3)(B)
2706	2706	27 through (d)(3)(F) of a person; and
2707	2707	28 (2) all identifying information of a child less than eighteen (18)
2708	2708	29 years of age.
2709	2709	30 (h) The court shall disclose the record redacted in accordance with
2710	2710	31 subsection (g) to any person who requests the record, if the person has
2711	2711	32 paid:
2712	2712	33 (1) to the entity having control of the record, the reasonable
2713	2713	34 expenses of copying under IC 5-14-3-8; and
2714	2714	35 (2) to the court, the reasonable expenses of copying the record.
2715	2715	36 (i) The data and information in a record disclosed under this section
2716	2716	37 must include the following:
2717	2717	38 (1) A summary of the report of abuse or neglect and a factual
2718	2718	39 description of the contents of the report.
2719	2719	40 (2) The age and gender biological sex of the child.
2720	2720	41 (3) The cause of the fatality or near fatality, if the cause has been
2721	2721	42 determined.
2722	2722	2024 IN 1291—LS 6832/DI 149 64
2723	2723	1 (4) Whether the department had any contact with the child or the
2724	2724	2 perpetrator before the fatality or near fatality, and, if the
2725	2725	3 department had contact, the following:
2726	2726	4 (A) The frequency of the contact with the child or the
2727	2727	5 perpetrator before the fatality or near fatality and the date on
2728	2728	6 which the last contact occurred before the fatality or near
2729	2729	7 fatality.
2730	2730	8 (B) A summary of the status of the child's case at the time of
2731	2731	9 the fatality or near fatality, including:
2732	2732	10 (i) whether the child's case was closed by the department
2733	2733	11 before the fatality or near fatality; and
2734	2734	12 (ii) if the child's case was closed as described under item (i),
2735	2735	13 the date of closure and the reasons that the case was closed.
2736	2736	14 (j) The court's determination under subsection (g) that certain
2737	2737	15 identifying information or other information is not relevant to
2738	2738	16 establishing the facts and circumstances leading to the death or near
2739	2739	17 fatality of a child is not admissible in a criminal proceeding or civil
2740	2740	18 action.
2741	2741	19 SECTION 49. IC 31-34-21-7.3, AS AMENDED BY P.L.128-2012,
2742	2742	20 SECTION 168, IS AMENDED TO READ AS FOLLOWS
2743	2743	21 [EFFECTIVE JULY 1, 2024]: Sec. 7.3. (a) This section applies after:
2744	2744	22 (1) a court authorizes the filing of a petition to terminate the
2745	2745	23 parent-child relationship; or
2746	2746	24 (2) a petition to terminate the parent-child relationship is filed;
2747	2747	25 in relation to a child in need of services.
2748	2748	26 (b) The department shall post the following nonidentifying
2749	2749	27 information on the Internet to facilitate a potential adoptive placement
2750	2750	28 of the child:
2751	2751	29 (1) The child's age, gender, biological sex, and summary of the
2752	2752	30 child's educational, social, and medical background, including
2753	2753	31 known disabilities.
2754	2754	32 (2) The reason the child was removed from the child's home.
2755	2755	33 (3) Whether a person has expressed an interest in adopting the
2756	2756	34 child.
2757	2757	35 (4) The name, address, and telephone number of a contact person
2758	2758	36 from:
2759	2759	37 (A) the department;
2760	2760	38 (B) the appropriate local office; or
2761	2761	39 (C) licensed child placing agency;
2762	2762	40 where a person who may be interested in adopting the child may
2763	2763	41 obtain further information about adopting the child.
2764	2764	42 (5) Whether a petition to terminate the rights of the child's parents
2765	2765	2024 IN 1291—LS 6832/DI 149 65
2766	2766	1 has been authorized or filed, and whether the rights of the child's
2767	2767	2 parents have been terminated.
2768	2768	3 (6) An address and telephone number of:
2769	2769	4 (A) the department;
2770	2770	5 (B) the appropriate local office; or
2771	2771	6 (C) licensed child placing agency;
2772	2772	7 where a person who may be interested in adopting the child may
2773	2773	8 obtain further information about adopting the child.
2774	2774	9 (c) The information posted under subsection (b) may not identify the
2775	2775	10 name of any of the following persons:
2776	2776	11 (1) The child.
2777	2777	12 (2) The child's biological or adoptive parents.
2778	2778	13 (3) A sibling of the child.
2779	2779	14 (4) A caretaker of the child.
2780	2780	15 (d) The department shall update any relevant information under this
2781	2781	16 section after either of the following:
2782	2782	17 (1) Each of the child's periodic reviews that occur after the
2783	2783	18 information under this section is required to be posted.
2784	2784	19 (2) The rights of the child's parents have been terminated.
2785	2785	20 (e) The department shall remove the information required under
2786	2786	21 subsection (b) from the Internet whenever the child is reunited with the
2787	2787	22 child's family or an adoption of the child is filed under IC 31-19-2.
2788	2788	23 (f) Upon request, the department shall inform the person making the
2789	2789	24 request of the address of the Internet web site containing the
2790	2790	25 information described in this section.
2791	2791	26 SECTION 50. IC 31-35-1.5-5, AS ADDED BY P.L.45-2023,
2792	2792	27 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2793	2793	28 JULY 1, 2024]: Sec. 5. Notice of a petition to terminate the
2794	2794	29 parent-child relationship under section 4 of this chapter must be given
2795	2795	30 to:
2796	2796	31 (1) each known living parent of a child born in wedlock, including
2797	2797	32 a man who is presumed to be the child's biological father under
2798	2798	33 IC 31-14-7-1, in accordance with IC 31-19-2.5-6; and
2799	2799	34 (2) an unnamed or unknown putative parent;
2800	2800	35 in substantially the following form:
2801	2801	36 "NOTICE TO UNNAMED PARENT
2802	2802	37 The unnamed putative parent of a ______ (gender) (biological sex)
2803	2803	38 infant that was voluntarily surrendered on ______ (date) in
2804	2804	39 __________ (county) and born on approximately _____ (birth date
2805	2805	40 range), or the person who claims to be a parent of the infant, is notified
2806	2806	41 that a petition to terminate the parent-child relationship was filed in the
2807	2807	42 office of the clerk of _____ court, _____ (address of court).
2808	2808	2024 IN 1291—LS 6832/DI 149 66
2809	2809	1 If the unnamed putative parent seeks to contest the petition to
2810	2810	2 terminate the parent-child relationship of the infant, the unnamed
2811	2811	3 putative parent must file a motion to contest the petition in accordance
2812	2812	4 with IC 31-35-1.5-8 in the above named court within twenty-eight (28)
2813	2813	5 days after the date of service of this notice. This notice may be served
2814	2814	6 by publication.
2815	2815	7 If the unnamed putative parent does not file a motion to contest the
2816	2816	8 adoption within twenty-eight (28) days after service of this notice, the
2817	2817	9 above named court shall hear and determine the petition to terminate
2818	2818	10 the parent-child relationship. The unnamed putative parent's consent is
2819	2819	11 irrevocably implied and the unnamed putative parent loses the right to
2820	2820	12 contest the petition to terminate the parent-child relationship or the
2821	2821	13 validity of the unnamed putative parent's implied consent to the
2822	2822	14 termination of the parent-child relationship. The unnamed putative
2823	2823	15 parent loses the right to establish a biological relationship with the
2824	2824	16 child in Indiana or any other jurisdiction.
2825	2825	17 Nothing anyone else says to the unnamed putative parent of the
2826	2826	18 infant relieves the unnamed putative parent of his or her obligations
2827	2827	19 under this notice.
2828	2828	20 Under Indiana law, a putative parent is a person who claims that he
2829	2829	21 or she may be the father or mother of an infant who has been
2830	2830	22 voluntarily surrendered but who has not yet been legally proven to be
2831	2831	23 the child's father or mother.
2832	2832	24 This notice complies with IC 31-35-1.5-5 but does not exhaustively
2833	2833	25 set forth the unnamed putative parent's legal obligations under the
2834	2834	26 Indiana adoption statutes. A person being served with this notice
2835	2835	27 should consult the Indiana adoption statutes.".
2836	2836	28 SECTION 51. IC 31-37-8.5-6, AS ADDED BY P.L.101-2022,
2837	2837	29 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2838	2838	30 JULY 1, 2024]: Sec. 6. (a) A local probation department shall collect
2839	2839	31 individual data on any child diverted through juvenile diversion
2840	2840	32 described in this chapter, including:
2841	2841	33 (1) demographic data on age, race, ethnicity, and gender;
2842	2842	34 biological sex;
2843	2843	35 (2) risk screening information;
2844	2844	36 (3) offense;
2845	2845	37 (4) service participation; and
2846	2846	38 (5) outcome and completion data;
2847	2847	39 and report the information to the office of judicial administration on an
2848	2848	40 annual basis.
2849	2849	41 (b) The office of judicial administration shall provide an annual
2850	2850	42 report that includes the information described in subsection (a). The
2851	2851	2024 IN 1291—LS 6832/DI 149 67
2852	2852	1 report shall be provided to the governor, the chief justice, and the
2853	2853	2 legislative council before December 1 of each year. The report
2854	2854	3 provided to the legislative council must be in an electronic format
2855	2855	4 under IC 5-14-6.
2856	2856	5 SECTION 52. IC 31-40-5-4, AS AMENDED BY P.L.201-2023,
2857	2857	6 SECTION 242, IS AMENDED TO READ AS FOLLOWS
2858	2858	7 [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The Indiana criminal justice
2859	2859	8 institute (as described in IC 5-2-6) may use available funds to
2860	2860	9 strengthen the agency's grant management capacity to:
2861	2861	10 (1) serve as an efficient pass through to counties;
2862	2862	11 (2) provide quality assurance and technical assistance to counties;
2863	2863	12 and
2864	2864	13 (3) support and coordinate data collection.
2865	2865	14 (b) The Indiana criminal justice institute shall prepare an annual
2866	2866	15 report that details the performance measures collected and reported
2867	2867	16 under IC 2-5-36-9.3(b)(4), including an analysis of the performance
2868	2868	17 measures by race, ethnicity, gender, biological sex, and other
2869	2869	18 demographic factors. The report shall be provided to the governor, the
2870	2870	19 chief justice, the legislative council, the oversight committee, and the
2871	2871	20 Indiana criminal justice institute before December 1 of each year. The
2872	2872	21 report provided to the legislative council must be in an electronic
2873	2873	22 format under IC 5-14-6.
2874	2874	23 SECTION 53. IC 33-33-45-35, AS AMENDED BY P.L.204-2021,
2875	2875	24 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2876	2876	25 JULY 1, 2024]: Sec. 35. In selecting the five (5) nominees to be
2877	2877	26 submitted to the governor, the commission shall comply with the
2878	2878	27 following requirements:
2879	2879	28 (1) The commission shall submit only the names of the five (5)
2880	2880	29 most highly qualified candidates from among all those eligible
2881	2881	30 individuals considered. To be eligible for nomination as a judge
2882	2882	31 of the superior court of Lake County, a person must be domiciled
2883	2883	32 in the county of Lake, a citizen of the United States, and admitted
2884	2884	33 to the practice of law in Indiana.
2885	2885	34 (2) In abiding by the mandate in subdivision (1), the commission
2886	2886	35 shall evaluate in writing each eligible individual on the following
2887	2887	36 factors:
2888	2888	37 (A) Law school record, including any academic honors and
2889	2889	38 achievements.
2890	2890	39 (B) Contribution to scholarly journals and publications,
2891	2891	40 legislative drafting, and legal briefs.
2892	2892	41 (C) Activities in public service, including:
2893	2893	42 (i) writings and speeches concerning public or civic affairs
2894	2894	2024 IN 1291—LS 6832/DI 149 68
2895	2895	1 that are on public record, including but not limited to
2896	2896	2 campaign speeches or writings, letters to newspapers, and
2897	2897	3 testimony before public agencies;
2898	2898	4 (ii) government service;
2899	2899	5 (iii) efforts and achievements in improving the
2900	2900	6 administration of justice; and
2901	2901	7 (iv) other conduct relating to the individual's profession.
2902	2902	8 (D) Legal experience, including the number of years of
2903	2903	9 practicing law, the kind of practice involved, and reputation as
2904	2904	10 a trial lawyer or judge.
2905	2905	11 (E) Probable judicial temperament.
2906	2906	12 (F) Physical condition, including age, stamina, and possible
2907	2907	13 habitual intemperance.
2908	2908	14 (G) Personality traits, including the exercise of sound
2909	2909	15 judgment, ability to compromise and conciliate, patience,
2910	2910	16 decisiveness, and dedication.
2911	2911	17 (H) Membership on boards of directors, financial interests, and
2912	2912	18 any other consideration that might create conflict of interest
2913	2913	19 with a judicial office.
2914	2914	20 (I) Any other pertinent information that the commission feels
2915	2915	21 is important in selecting the best qualified individuals for
2916	2916	22 judicial office.
2917	2917	23 (3) These written evaluations shall not be made on an individual
2918	2918	24 until the individual states in writing that the individual desires to
2919	2919	25 hold a judicial office that is or will be created by vacancy.
2920	2920	26 (4) The political affiliations of any candidate may not be
2921	2921	27 considered by the commission in evaluating and determining
2922	2922	28 which eligible candidates shall be recommended to the governor
2923	2923	29 for a vacancy on the superior court of Lake County.
2924	2924	30 (5) In determining which eligible candidates are recommended to
2925	2925	31 the governor, the commission shall consider that racial and gender
2926	2926	32 diversity and diversity of biological sex enhances the quality of
2927	2927	33 the judiciary.
2928	2928	34 SECTION 54. IC 33-41-1-2 IS AMENDED TO READ AS
2929	2929	35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A person may not
2930	2930	36 be considered ineligible to serve as official reporter because of the
2931	2931	37 person's gender. biological sex.
2932	2932	38 (b) A judge may not appoint the judge's son or daughter as an
2933	2933	39 official reporter.
2934	2934	2024 IN 1291—LS 6832/DI 149