Introduced Version
HOUSE BILL No. 1291
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 1-1-4-8; IC 3-6-11-2.6; IC 3-7-26.4-8;
IC 4-15-2.2; IC 5-2; IC 6-3.6-7-12.5; IC 9-24; IC 11-8-2-9;
IC 12-9-2-3; IC 12-9.1-2-3; IC 12-13-5-1; IC 12-15-44.5-3.5;
IC 12-20-5.5-1; IC 12-21-2-3; IC 12-23-18-8; IC 12-32-1-4;
IC 16-19-10; IC 16-21-6-6; IC 16-34-2-5; IC 16-38-5-2;
IC 16-41-39.4-3; IC 20-19-3; IC 20-24; IC 20-26-18-6; IC 20-30-5-23;
IC 20-34-6-1; IC 20-36-3-10; IC 20-51.4-5-3; IC 27-2; IC 31-11-1;
IC 31-33-18-1.5; IC 31-34-21-7.3; IC 31-35-1.5-5; IC 31-37-8.5-6;
IC 31-40-5-4; IC 33-33-45-35; IC 33-41-1-2.
Synopsis: Gender based terms. Defines specific terms for purposes of
certain statutes that concern sex discrimination and benefits and
services that are designated based upon sex. Provides exceptions.
Replaces the term "gender" with the phrase "biological sex" in certain
statutes in which the term is used to describe the condition of being
physically male or female.
Effective: July 1, 2024.
Judy, King, Davis, Morris
January 9, 2024, read first time and referred to Committee on Judiciary.
2024 IN 1291—LS 6832/DI 149 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1291
A BILL FOR AN ACT to amend the Indiana Code concerning
general provisions.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 1-1-4-8 IS ADDED TO THE INDIANA CODE AS
2 A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2024]: Sec. 8. (a) The following definitions apply to the construction
4 of all Indiana statutes concerning sex discrimination and benefits
5 or services that are designated based upon sex:
6 (1) "Boy" means a male person less than eighteen (18) years
7 of age.
8 (2) "Father" means a male parent of a child.
9 (3) "Female" means a person with a reproductive system that,
10 but for a medically verifiable genetic disorder of sex
11 development, at some point produces ova.
12 (4) "Girl" means a female person less than eighteen (18) years
13 of age.
14 (5) "Male" means a person with a reproductive system that,
15 but for a medically verifiable genetic disorder of sex
16 development, at some point produces sperm for fertilization
17 of ova.
2024 IN 1291—LS 6832/DI 149 2
1 (6) "Man" means a male person at least eighteen (18) years of
2 age.
3 (7) "Medically verifiable genetic disorder of sex development"
4 means having:
5 (A) both ovarian and testicular tissue; or
6 (B) external biological characteristics that are ambiguous
7 resulting from having a 46,XX karyotype with virilization
8 or 46,XY karyotype with undervirilization.
9 (8) "Mother" means a female parent of a child.
10 (9) "Sex" means the biological, genetic identity of a person as
11 either male or female. This term does not include gender
12 identity or any other term that conveys a person's subjective
13 identification of a term other than male or female.
14 (10) "Woman" means a female person at least eighteen (18)
15 years of age.
16 (b) The definitions in this section do not apply to any state or
17 federal requirements for an entity to report statistics based upon
18 an individual's sex or gender.
19 SECTION 2. IC 3-6-11-2.6 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2.6. An organization or
21 individual conducting activities under section 2.5 of this chapter shall
22 follow the following procedures:
23 (1) Submit a list of poll takers to the person designated by the
24 college or university.
25 (2) If the student housing is not covered by a policy limiting
26 visitation by members of the other gender biological sex in the
27 living areas of the student housing, conduct the activities
28 permitted under section 2.5 of this chapter between 10 a.m. and
29 8 p.m.
30 (3) If the student housing is covered by a policy limiting visitation
31 by members of the other gender biological sex in the living areas
32 of the student housing, conduct the activities permitted under
33 section 2.5 of this chapter during the most restrictive of the
34 following times:
35 (A) Between 10 a.m. and 8 p.m.
36 (B) During the hours visitation is permitted.
37 SECTION 3. IC 3-7-26.4-8, AS ADDED BY P.L.81-2005,
38 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2024]: Sec. 8. (a) This section applies to a person other than
40 a registered voter requesting information about the registered voter.
41 (b) After a person files a request with the election division for voter
42 registration information compiled under this chapter, the election
2024 IN 1291—LS 6832/DI 149 3
1 division shall provide a compilation of the information from the
2 computerized list to the person, redacting the information described in
3 subsection (c).
4 (c) The election division shall not provide information under this
5 section concerning any of the following information concerning a
6 voter:
7 (1) Date of birth.
8 (2) Gender. Biological sex.
9 (3) Telephone number or electronic mail address.
10 (4) Voting history.
11 (5) A voter identification number or another unique field
12 established to identify a voter.
13 (6) The date of registration of the voter.
14 SECTION 4. IC 4-15-2.2-12, AS ADDED BY P.L.229-2011,
15 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 12. (a) This chapter shall be liberally construed so
17 as to increase governmental efficiency and responsiveness and to
18 ensure the employment of qualified persons in the state classified
19 service on the basis of the following merit principles:
20 (1) Recruitment, selection, and promotion of employees on the
21 basis of an individual's relative ability, knowledge, and skills.
22 (2) The provision of equitable and adequate compensation.
23 (3) The training of employees to ensure high quality performance.
24 (4) The retention of employees based on:
25 (A) the quality of the employees' performance; and
26 (B) the correction of inadequate performance;
27 and the dismissal of employees whose inadequate performance is
28 not corrected.
29 (5) Fair treatment of applicants and employees in all aspects of
30 personnel administration:
31 (A) without regard to political affiliation, race, color, national
32 origin, gender, biological sex, religious creed, age, or
33 disability; and
34 (B) with proper regard for the applicants' and employees'
35 privacy and constitutional rights as citizens.
36 (6) Protection of employees from coercion for partisan political
37 purposes, and prohibition on an employee using the employee's
38 official authority to interfere with, or affect the result of, an
39 election or nomination for political office.
40 (b) All employment matters in the state classified service are guided
41 by the merit principles set forth in subsection (a).
42 (c) The personnel administration systems adopted under this chapter
2024 IN 1291—LS 6832/DI 149 4
1 govern and limit all other state employment matters and every
2 appointing authority.
3 SECTION 5. IC 4-15-2.2-44, AS ADDED BY P.L.229-2011,
4 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 44. (a) An officer or employee implementing or
6 administering this chapter may not consider the gender biological sex
7 or the political, religious, or racial characteristics of a classified
8 employee.
9 (b) A classified employee may not be compelled to make political
10 contributions or participate in any form of political activity.
11 SECTION 6. IC 5-2-1-9, AS AMENDED BY P.L.170-2023,
12 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 9. (a) The board shall adopt in accordance with
14 IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
15 The rules, which shall be adopted only after necessary and proper
16 investigation and inquiry by the board, shall include the establishment
17 of the following:
18 (1) A consistent and uniform statewide deadly force policy and
19 training program, that is consistent with state and federal law.
20 Upon adoption by the law enforcement training board, the policy
21 and training program must be implemented, without modification,
22 by all Indiana law enforcement agencies, offices, or departments.
23 (2) A consistent and uniform statewide defensive tactics policy
24 and training program, that is consistent with state and federal law.
25 Upon adoption by the law enforcement training board, the policy
26 and training program must be implemented, without modification,
27 by all Indiana law enforcement agencies, offices, or departments.
28 (3) A uniform statewide minimum standard for vehicle pursuits
29 consistent with state and federal law.
30 (4) Minimum standards of physical, educational, mental, and
31 moral fitness which shall govern the acceptance of any person for
32 training by any law enforcement training school or academy
33 meeting or exceeding the minimum standards established
34 pursuant to this chapter.
35 (5) Minimum standards for law enforcement training schools
36 administered by towns, cities, counties, law enforcement training
37 centers, agencies, or departments of the state.
38 (6) Minimum standards for courses of study, attendance
39 requirements, equipment, and facilities for approved town, city,
40 county, and state law enforcement officer, police reserve officer,
41 and conservation reserve officer training schools.
42 (7) Minimum standards for a course of study on cultural diversity
2024 IN 1291—LS 6832/DI 149 5
1 awareness, including training on the U nonimmigrant visa created
2 through the federal Victims of Trafficking and Violence
3 Protection Act of 2000 (P.L. 106-386) that must be required for
4 each person accepted for training at a law enforcement training
5 school or academy. Cultural diversity awareness study must
6 include an understanding of cultural issues related to race,
7 religion, gender, biological sex, age, domestic violence, national
8 origin, and physical and mental disabilities.
9 (8) Minimum qualifications for instructors at approved law
10 enforcement training schools.
11 (9) Minimum basic training requirements which law enforcement
12 officers appointed to probationary terms shall complete before
13 being eligible for continued or permanent employment.
14 (10) Minimum basic training requirements which law
15 enforcement officers appointed on other than a permanent basis
16 shall complete in order to be eligible for continued employment
17 or permanent appointment.
18 (11) Minimum basic training requirements which law
19 enforcement officers appointed on a permanent basis shall
20 complete in order to be eligible for continued employment.
21 (12) Minimum basic training requirements for each person
22 accepted for training at a law enforcement training school or
23 academy that include six (6) hours of training in interacting with:
24 (A) persons with autism, mental illness, addictive disorders,
25 intellectual disabilities, and developmental disabilities;
26 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
27 and
28 (C) persons with Alzheimer's disease or related senile
29 dementia;
30 to be provided by persons approved by the secretary of family and
31 social services and the board. The training must include an
32 overview of the crisis intervention teams.
33 (13) Minimum standards for a course of study on human and
34 sexual trafficking that must be required for each person accepted
35 for training at a law enforcement training school or academy and
36 for inservice training programs for law enforcement officers. The
37 course must cover the following topics:
38 (A) Examination of the human and sexual trafficking laws (IC
39 35-42-3.5).
40 (B) Identification of human and sexual trafficking.
41 (C) Communicating with traumatized persons.
42 (D) Therapeutically appropriate investigative techniques.
2024 IN 1291—LS 6832/DI 149 6
1 (E) Collaboration with federal law enforcement officials.
2 (F) Rights of and protections afforded to victims.
3 (G) Providing documentation that satisfies the Declaration of
4 Law Enforcement Officer for Victim of Trafficking in Persons
5 (Form I-914, Supplement B) requirements established under
6 federal law.
7 (H) The availability of community resources to assist human
8 and sexual trafficking victims.
9 (14) Minimum standards for ongoing specialized, intensive, and
10 integrative training for persons responsible for investigating
11 sexual assault cases involving adult victims. This training must
12 include instruction on:
13 (A) the neurobiology of trauma;
14 (B) trauma informed interviewing; and
15 (C) investigative techniques.
16 (15) Minimum standards for de-escalation training. De-escalation
17 training shall be taught as a part of existing use-of-force training
18 and not as a separate topic.
19 (16) Minimum standards regarding best practices for crowd
20 control, protests, and First Amendment activities.
21 (17) Minimum standards for basic training and inservice training
22 programs, which may be completed online or by other means of
23 virtual instruction, that occur after December 31, 2024, and that
24 address the mental health and wellness of law enforcement
25 officers including:
26 (A) healthy coping skills to preserve the mental health of law
27 enforcement officers and manage the stress and trauma of
28 policing;
29 (B) recognizing:
30 (i) symptoms of posttraumatic stress disorder; and
31 (ii) signs of suicidal behavior; and
32 (C) information on mental health resources available for law
33 enforcement officers.
34 All statewide policies and minimum standards shall be documented in
35 writing and published on the Indiana law enforcement academy (ILEA)
36 website. Any policy, standard, or training program implemented,
37 adopted, or promulgated by a vote of the board may only subsequently
38 be modified or rescinded by a two-thirds (2/3) majority vote of the
39 board.
40 (b) A law enforcement officer appointed after July 5, 1972, and
41 before July 1, 1993, may not enforce the laws or ordinances of the state
42 or any political subdivision unless the officer has, within one (1) year
2024 IN 1291—LS 6832/DI 149 7
1 from the date of appointment, successfully completed the minimum
2 basic training requirements established under this chapter by the board.
3 If a person fails to successfully complete the basic training
4 requirements within one (1) year from the date of employment, the
5 officer may not perform any of the duties of a law enforcement officer
6 involving control or direction of members of the public or exercising
7 the power of arrest until the officer has successfully completed the
8 training requirements. This subsection does not apply to any law
9 enforcement officer appointed before July 6, 1972, or after June 30,
10 1993.
11 (c) Military leave or other authorized leave of absence from law
12 enforcement duty during the first year of employment after July 6,
13 1972, shall toll the running of the first year, which shall be calculated
14 by the aggregate of the time before and after the leave, for the purposes
15 of this chapter.
16 (d) Except as provided in subsections (e), (m), (t), and (u), a law
17 enforcement officer appointed to a law enforcement department or
18 agency after June 30, 1993, may not:
19 (1) make an arrest;
20 (2) conduct a search or a seizure of a person or property; or
21 (3) carry a firearm;
22 unless the law enforcement officer successfully completes, at a board
23 certified law enforcement academy or at a law enforcement training
24 center under section 10.5 or 15.2 of this chapter, the basic training
25 requirements established by the board under this chapter.
26 (e) This subsection does not apply to:
27 (1) a gaming agent employed as a law enforcement officer by the
28 Indiana gaming commission; or
29 (2) an:
30 (A) attorney; or
31 (B) investigator;
32 designated by the securities commissioner as a police officer of
33 the state under IC 23-19-6-1(k).
34 Before a law enforcement officer appointed after June 30, 1993,
35 completes the basic training requirements, the law enforcement officer
36 may exercise the police powers described in subsection (d) if the
37 officer successfully completes the pre-basic course established in
38 subsection (f). Successful completion of the pre-basic course authorizes
39 a law enforcement officer to exercise the police powers described in
40 subsection (d) for one (1) year after the date the law enforcement
41 officer is appointed.
42 (f) The board shall adopt rules under IC 4-22-2 to establish a
2024 IN 1291—LS 6832/DI 149 8
1 pre-basic course for the purpose of training:
2 (1) law enforcement officers;
3 (2) police reserve officers (as described in IC 36-8-3-20); and
4 (3) conservation reserve officers (as described in IC 14-9-8-27);
5 regarding the subjects of arrest, search and seizure, the lawful use of
6 force, de-escalation training, interacting with individuals with autism,
7 and the operation of an emergency vehicle. The pre-basic course must
8 be offered on a periodic basis throughout the year at regional sites
9 statewide. The pre-basic course must consist of at least forty (40) hours
10 of course work. The board may prepare the classroom part of the
11 pre-basic course using available technology in conjunction with live
12 instruction. The board shall provide the course material, the instructors,
13 and the facilities at the regional sites throughout the state that are used
14 for the pre-basic course. In addition, the board may certify pre-basic
15 courses that may be conducted by other public or private training
16 entities, including postsecondary educational institutions.
17 (g) Subject to subsection (h), the board shall adopt rules under
18 IC 4-22-2 to establish a mandatory inservice training program for
19 police officers and police reserve officers (as described in
20 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
21 satisfactorily completed basic training and has been appointed to a law
22 enforcement department or agency on either a full-time or part-time
23 basis is not eligible for continued employment unless the officer
24 satisfactorily completes the mandatory inservice training requirements
25 established by rules adopted by the board. Inservice training must
26 include de-escalation training. Inservice training must also include:
27 (1) training:
28 (A) in interacting with persons with mental illness, addictive
29 disorders, intellectual disabilities, autism, developmental
30 disabilities, and Alzheimer's disease or related senile
31 dementia; and
32 (B) provided by persons approved by the secretary of family
33 and social services and the board;
34 (2) after December 31, 2024, annual training, which may be
35 completed online or by other means of virtual instruction, that
36 addresses the mental health and wellness of law enforcement
37 officers including:
38 (A) healthy coping skills to preserve the mental health of law
39 enforcement officers and manage the stress and trauma of
40 policing;
41 (B) recognizing:
42 (i) symptoms of posttraumatic stress disorder; and
2024 IN 1291—LS 6832/DI 149 9
1 (ii) signs of suicidal behavior; and
2 (C) information on mental health resources available for law
3 enforcement officers; and
4 (3) training concerning:
5 (A) human and sexual trafficking; and
6 (B) high risk missing persons (as defined in IC 5-2-17-1).
7 The board may approve courses offered by other public or private
8 training entities, including postsecondary educational institutions, as
9 necessary in order to ensure the availability of an adequate number of
10 inservice training programs. The board may waive an officer's inservice
11 training requirements if the board determines that the officer's reason
12 for lacking the required amount of inservice training hours is due to
13 either an emergency situation or the unavailability of courses.
14 (h) This subsection applies only to a mandatory inservice training
15 program under subsection (g). Notwithstanding subsection (g), the
16 board may, without adopting rules under IC 4-22-2, modify the course
17 work of a training subject matter, modify the number of hours of
18 training required within a particular subject matter, or add a new
19 subject matter, if the board satisfies the following requirements:
20 (1) The board must conduct at least two (2) public meetings on
21 the proposed modification or addition.
22 (2) After approving the modification or addition at a public
23 meeting, the board must post notice of the modification or
24 addition on the Indiana law enforcement academy's website at
25 least thirty (30) days before the modification or addition takes
26 effect.
27 If the board does not satisfy the requirements of this subsection, the
28 modification or addition is void. This subsection does not authorize the
29 board to eliminate any inservice training subject matter required under
30 subsection (g).
31 (i) The board shall also adopt rules establishing a town marshal and
32 conservancy district marshal basic training program, subject to the
33 following:
34 (1) The program must require fewer hours of instruction and class
35 attendance and fewer courses of study than are required for the
36 mandated basic training program.
37 (2) Certain parts of the course materials may be studied by a
38 candidate at the candidate's home in order to fulfill requirements
39 of the program.
40 (3) Law enforcement officers successfully completing the
41 requirements of the program are eligible for appointment only in
42 towns employing the town marshal system (IC 36-5-7) or a
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1 conservancy district that employs a conservancy district marshal
2 under IC 14-33-25 and having not more than one (1) marshal and
3 six (6) deputies.
4 (4) The limitation imposed by subdivision (3) does not apply to an
5 officer who has successfully completed the mandated basic
6 training program.
7 (5) The time limitations imposed by subsections (b) and (c) for
8 completing the training are also applicable to the marshal basic
9 training program.
10 (6) The program must require training in interacting with
11 individuals with autism.
12 (j) The board shall adopt rules under IC 4-22-2 to establish an
13 executive training program. The executive training program must
14 include training in the following areas:
15 (1) Liability.
16 (2) Media relations.
17 (3) Accounting and administration.
18 (4) Discipline.
19 (5) Department policy making.
20 (6) Lawful use of force and de-escalation training.
21 (7) Department programs.
22 (8) Emergency vehicle operation.
23 (9) Cultural diversity.
24 (10) After December 31, 2024, mental health and wellness and
25 suicide prevention of law enforcement officers. The training
26 requirement under this subdivision may be provided as part of an
27 online course or by other means of virtual instruction.
28 (k) A police chief shall apply for admission to the executive training
29 program within two (2) months of the date the police chief initially
30 takes office. A police chief must successfully complete the executive
31 training program within six (6) months of the date the police chief
32 initially takes office. However, if space in the executive training
33 program is not available at a time that will allow completion of the
34 executive training program within six (6) months of the date the police
35 chief initially takes office, the police chief must successfully complete
36 the next available executive training program that is offered after the
37 police chief initially takes office.
38 (l) A police chief who fails to comply with subsection (k) may not
39 continue to serve as the police chief until completion of the executive
40 training program. For the purposes of this subsection and subsection
41 (k), "police chief" refers to:
42 (1) the police chief of any city;
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1 (2) the police chief of any town having a metropolitan police
2 department; and
3 (3) the chief of a consolidated law enforcement department
4 established under IC 36-3-1-5.1.
5 A town marshal or a conservancy district marshal is not considered to
6 be a police chief for these purposes, but a town marshal or a
7 conservancy district marshal may enroll in the executive training
8 program.
9 (m) A fire investigator in the department of homeland security
10 appointed after December 31, 1993, is required to comply with the
11 basic training standards established under this chapter.
12 (n) The board shall adopt rules under IC 4-22-2 to establish a
13 program to certify handgun safety courses, including courses offered
14 in the private sector, that meet standards approved by the board for
15 training probation officers in handgun safety as required by
16 IC 11-13-1-3.5(2).
17 (o) The board shall adopt rules under IC 4-22-2 to establish a
18 refresher course for an officer who:
19 (1) is hired by an Indiana law enforcement department or agency
20 as a law enforcement officer;
21 (2) has not been employed as a law enforcement officer for:
22 (A) at least two (2) years; and
23 (B) less than six (6) years before the officer is hired under
24 subdivision (1); and
25 (3) completed at any time a basic training course certified or
26 recognized by the board before the officer is hired under
27 subdivision (1).
28 (p) An officer to whom subsection (o) applies must successfully
29 complete the refresher course described in subsection (o) not later than
30 six (6) months after the officer's date of hire, or the officer loses the
31 officer's powers of:
32 (1) arrest;
33 (2) search; and
34 (3) seizure.
35 (q) The board shall adopt rules under IC 4-22-2 to establish a
36 refresher course for an officer who:
37 (1) is appointed by an Indiana law enforcement department or
38 agency as a reserve police officer; and
39 (2) has not worked as a reserve police officer for at least two (2)
40 years after:
41 (A) completing the pre-basic course; or
42 (B) leaving the individual's last appointment as a reserve
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1 police officer.
2 An officer to whom this subsection applies must successfully complete
3 the refresher course established by the board in order to work as a
4 reserve police officer.
5 (r) This subsection applies to an individual who, at the time the
6 individual completes a board certified or recognized basic training
7 course, has not been appointed as a law enforcement officer by an
8 Indiana law enforcement department or agency. If the individual is not
9 employed as a law enforcement officer for at least two (2) years after
10 completing the basic training course, the individual must successfully
11 retake and complete the basic training course as set forth in subsection
12 (d).
13 (s) The board shall adopt rules under IC 4-22-2 to establish a
14 refresher course for an individual who:
15 (1) is appointed as a board certified instructor of law enforcement
16 training; and
17 (2) has not provided law enforcement training instruction for
18 more than one (1) year after the date the individual's instructor
19 certification expired.
20 An individual to whom this subsection applies must successfully
21 complete the refresher course established by the board in order to
22 renew the individual's instructor certification.
23 (t) This subsection applies only to a gaming agent employed as a
24 law enforcement officer by the Indiana gaming commission. A gaming
25 agent appointed after June 30, 2005, may exercise the police powers
26 described in subsection (d) if:
27 (1) the agent successfully completes the pre-basic course
28 established in subsection (f); and
29 (2) the agent successfully completes any other training courses
30 established by the Indiana gaming commission in conjunction
31 with the board.
32 (u) This subsection applies only to a securities enforcement officer
33 designated as a law enforcement officer by the securities
34 commissioner. A securities enforcement officer may exercise the police
35 powers described in subsection (d) if:
36 (1) the securities enforcement officer successfully completes the
37 pre-basic course established in subsection (f); and
38 (2) the securities enforcement officer successfully completes any
39 other training courses established by the securities commissioner
40 in conjunction with the board.
41 (v) This subsection applies only to a correctional police officer
42 employed by the department of correction. A correctional police officer
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1 may exercise the police powers described in subsection (d) if:
2 (1) the officer successfully completes the pre-basic course
3 described in subsection (f); and
4 (2) the officer successfully completes any other training courses
5 established by the department of correction in conjunction with
6 the board.
7 (w) This subsection applies only to the sexual assault training
8 described in subsection (a)(14). The board shall:
9 (1) consult with experts on the neurobiology of trauma, trauma
10 informed interviewing, and investigative techniques in developing
11 the sexual assault training; and
12 (2) develop the sexual assault training and begin offering the
13 training not later than July 1, 2022.
14 (x) After July 1, 2023, a law enforcement officer who regularly
15 investigates sexual assaults involving adult victims must complete the
16 training requirements described in subsection (a)(14) within one (1)
17 year of being assigned to regularly investigate sexual assaults involving
18 adult victims.
19 (y) A law enforcement officer who regularly investigates sexual
20 assaults involving adult victims may complete the training
21 requirements described in subsection (a)(14) by attending a:
22 (1) statewide or national training; or
23 (2) department hosted local training.
24 (z) Notwithstanding any other provisions of this section, the board
25 is authorized to establish certain required standards of training and
26 procedure.
27 SECTION 7. IC 5-2-8-1, AS AMENDED BY P.L.59-2019,
28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 1. (a) The following definitions apply in this
30 section:
31 (1) "Abuse" means:
32 (A) conduct that causes bodily injury (as defined in
33 IC 35-31.5-2-29) or damage to property; or
34 (B) a threat of conduct that would cause bodily injury (as
35 defined in IC 35-31.5-2-29) or damage to property.
36 (2) "County law enforcement agency" includes:
37 (A) postsecondary educational institution police officers
38 appointed under IC 21-17-5 or IC 21-39-4; and
39 (B) school corporation police officers appointed under
40 IC 20-26-16.
41 (b) There is established in each county a county law enforcement
42 continuing education program. The program is funded by amounts
2024 IN 1291—LS 6832/DI 149 14
1 appropriated under IC 33-37-8-4 or IC 33-37-8-6.
2 (c) A county law enforcement agency receiving amounts based upon
3 claims for law enforcement continuing education funds under
4 IC 33-37-8-4 or IC 33-37-8-6 shall deposit each fee collected into the
5 county law enforcement continuing education fund.
6 (d) Distribution of money in the county law enforcement continuing
7 education fund shall be made to a county law enforcement agency
8 without the necessity of first obtaining an appropriation from the
9 county fiscal body.
10 (e) Money in excess of one hundred dollars ($100) that is
11 unencumbered and remains in a county law enforcement continuing
12 education fund for at least one (1) entire calendar year from the date of
13 its deposit shall, at the end of a county's fiscal year, be deposited by the
14 county auditor in the law enforcement academy fund established under
15 IC 5-2-1-13.
16 (f) To make a claim under IC 33-37-8-6, a law enforcement agency
17 shall submit to the fiscal body a verified statement of cause numbers
18 for fees collected that are attributable to the law enforcement efforts of
19 that agency.
20 (g) A law enforcement agency shall submit a claim for fees under
21 this section in the same county fiscal year in which the fees are
22 collected under IC 33-37-4.
23 (h) A county law enforcement agency program shall provide to each
24 law enforcement officer employed by the county and may provide to
25 each law enforcement officer employed by a city or town law
26 enforcement agency within the county continuing education concerning
27 the following:
28 (1) Duties of a law enforcement officer in enforcing restraining
29 orders, protective orders, temporary injunctions, and permanent
30 injunctions involving abuse.
31 (2) Guidelines for making felony and misdemeanor arrests in
32 cases involving abuse.
33 (3) Techniques for handling incidents of abuse that:
34 (A) minimize the likelihood of injury to the law enforcement
35 officer; and
36 (B) promote the safety of a victim.
37 (4) Information about the nature and extent of abuse.
38 (5) Information about the legal rights of and remedies available
39 to victims of abuse, including the U nonimmigrant visa created
40 under the federal Victims of Trafficking and Violence Protection
41 Act of 2000 (P.L. 106-386).
42 (6) How to document and collect evidence in an abuse case.
2024 IN 1291—LS 6832/DI 149 15
1 (7) The legal consequences of abuse.
2 (8) The impact on children of law enforcement intervention in
3 abuse cases.
4 (9) Services and facilities available to victims of abuse and
5 abusers.
6 (10) Verification of restraining orders, protective orders,
7 temporary injunctions, and permanent injunctions.
8 (11) Policies concerning arrest or release of suspects in abuse
9 cases.
10 (12) Emergency assistance to victims of abuse and criminal
11 justice options for victims of abuse.
12 (13) Landlord-tenant concerns in abuse cases.
13 (14) The taking of an abused child into protective custody.
14 (15) Assessment of a situation in which a child may be seriously
15 endangered if the child is left in the child's home.
16 (16) Assessment of a situation involving an endangered adult (as
17 defined in IC 12-10-3-2).
18 (17) Response to a sudden, unexpected infant death.
19 (18) Performing cardiopulmonary resuscitation and the Heimlich
20 maneuver.
21 (19) Cultural diversity awareness that includes an understanding
22 of cultural issues related to race, religion, gender, biological sex,
23 age, domestic violence, national origin, and physical and mental
24 disabilities.
25 (i) A county law enforcement agency may provide continuing
26 education under subsection (h) to each police reserve officer (described
27 in IC 36-8-3-20) appointed by the county law enforcement agency.
28 (j) A county law enforcement agency may enter into an agreement
29 with other law enforcement agencies to provide the continuing
30 education required by this section and section 2(f) of this chapter.
31 SECTION 8. IC 5-2-17-6, AS ADDED BY P.L.92-2007, SECTION
32 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
33 2024]: Sec. 6. (a) Upon receipt of a report of a missing person, a law
34 enforcement agency shall attempt to gather relevant information that
35 will assist in locating the missing person. This information must
36 include the following, if available:
37 (1) The name of the missing person, including any aliases.
38 (2) The date of birth of the missing person.
39 (3) Any identifying marks, such as a birthmark, mole, tattoo, or
40 scar.
41 (4) The height and weight of the missing person.
42 (5) The gender biological sex of the missing person.
2024 IN 1291—LS 6832/DI 149 16
1 (6) The race of the missing person.
2 (7) The color of the missing person's hair at the time of the
3 disappearance, and, if applicable, the natural color of the missing
4 person's hair.
5 (8) The eye color of the missing person.
6 (9) Any prosthetic devices or surgical or cosmetic implants that
7 the missing person may have.
8 (10) Any physical anomalies of the missing person.
9 (11) The blood type of the missing person.
10 (12) The driver's license number of the missing person.
11 (13) A recent photograph of the missing person.
12 (14) A description of the clothing that the missing person was
13 wearing when last seen.
14 (15) A description of any other items, including jewelry or other
15 accessories, that the missing person may have possessed at the
16 time of the disappearance.
17 (16) Contact information for the missing person, including
18 electronic mail addresses and cellular telephone numbers.
19 (17) Why the person submitting the report believes that the
20 missing person is missing.
21 (18) The name and location of the missing person's school or
22 employer.
23 (19) The names and locations of the missing person's dentist and
24 physician.
25 (20) Any reason to believe that the missing person's
26 disappearance was not voluntary.
27 (21) Any reason to believe that the missing person may be in
28 danger.
29 (22) A detailed description of the missing person's vehicle.
30 (23) Information concerning:
31 (A) the person with whom the missing person was last seen; or
32 (B) a possible abductor.
33 (24) The date of last contact with the missing person.
34 (25) Any other information that will assist in locating the missing
35 person.
36 (b) A law enforcement agency shall determine as soon as possible
37 after receipt of a report of a missing person whether the missing person
38 is a high risk missing person. If a law enforcement agency determines
39 that a missing person is not a high risk missing person and new
40 information suggests that the missing person may be a high risk
41 missing person, the law enforcement agency shall make a new
42 determination as to whether the person is a high risk missing person.
2024 IN 1291—LS 6832/DI 149 17
1 (c) A law enforcement agency that determines after a diligent
2 investigation that a missing person is either voluntarily missing or not
3 missing may stop the investigation.
4 (d) A law enforcement agency stopping an investigation under
5 subsection (c) must document the investigative steps and the results of
6 the investigation that led to the conclusion that the person reported
7 missing is either voluntarily missing or not missing.
8 (e) A law enforcement agency that stops an investigation under
9 subsection (c) may not disclose the location of the missing person to
10 the person who made the missing person report if the missing person
11 requests that the information not be disclosed.
12 SECTION 9. IC 5-2-18.2-8, AS ADDED BY P.L.171-2011,
13 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 8. This chapter shall be enforced without regard
15 to race, religion, gender, biological sex, ethnicity, or national origin.
16 SECTION 10. IC 6-3.6-7-12.5, AS ADDED BY P.L.184-2018,
17 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 12.5. (a) This section applies to Jennings County.
19 (b) The county council may, by ordinance, determine that additional
20 local income tax revenue is needed in the county to do the following:
21 (1) Finance, construct, acquire, improve, renovate, and equip the
22 county jail and related buildings and parking facilities, including
23 costs related to the demolition of existing buildings, the
24 acquisition of land, and any other reasonably related costs.
25 (2) Repay bonds issued or leases entered into for the purposes
26 described in subdivision (1).
27 Before the county council may adopt an ordinance and make a
28 determination under this subsection, the county council must first study
29 the feasibility of, the need for, and the desire of contiguous counties to
30 establish a regional single gender jail for the detention or
31 incarceration of individuals of the same biological sex.
32 (c) If the county council makes the determination set forth in
33 subsection (b), the county council may adopt an ordinance to impose
34 a local income tax rate of:
35 (1) fifteen-hundredths percent (0.15%);
36 (2) two-tenths percent (0.2%);
37 (3) twenty-five hundredths percent (0.25%);
38 (4) three-tenths percent (0.3%);
39 (5) thirty-five hundredths percent (0.35%);
40 (6) four-tenths percent (0.4%);
41 (7) forty-five hundredths percent (0.45%);
42 (8) five-tenths percent (0.5%);
2024 IN 1291—LS 6832/DI 149 18
1 (9) fifty-five hundredths percent (0.55%);
2 (10) six-tenths percent (0.6%); or
3 (11) sixty-five hundredths percent (0.65%).
4 The tax rate may not be greater than the rate necessary to pay for the
5 purposes described in subsection (b).
6 (d) The tax rate under this section may be imposed only until the
7 latest of the following dates:
8 (1) The date on which the financing, construction, acquisition,
9 improvement, renovation, and equipping of the facilities as
10 described in subsection (b) are completed.
11 (2) The date on which the last of any bonds issued (including
12 refunding bonds) or leases entered into to finance the
13 construction, acquisition, improvement, renovation, and
14 equipping of the facilities described in subsection (b) are fully
15 paid.
16 (3) The date on which an ordinance adopted under subsection (c)
17 is rescinded.
18 (e) The tax rate under this section may be imposed beginning on the
19 effective date of the ordinance as provided in IC 6-3.6-3-3 and until the
20 date specified in subsection (d).
21 (f) The term of a bond issued (including any refunding bond) or a
22 lease entered into under subsection (b) may not exceed twenty-five (25)
23 years.
24 (g) The county treasurer shall establish a county jail revenue fund
25 to be used only for the purposes described in this section. Local income
26 tax revenues derived from the tax rate imposed under this section shall
27 be deposited in the county jail revenue fund.
28 (h) Local income tax revenues derived from the tax rate imposed
29 under this section:
30 (1) may be used only for the purposes described in this section;
31 (2) may not be considered by the department of local government
32 finance in determining the county's maximum permissible
33 property tax levy limit under IC 6-1.1-18.5; and
34 (3) may be pledged to the repayment of bonds issued or leases
35 entered into for the purposes described in subsection (b).
36 (i) The use of local income tax revenues as provided in this section
37 is necessary for the county to provide adequate jail capacity in the
38 county and to maintain low property tax rates essential to economic
39 development. The use of local income tax revenues as provided in this
40 section to pay any bonds issued or leases entered into to finance the
41 construction, acquisition, improvement, renovation, and equipping of
42 the facilities described in subsection (b), rather than the use of property
2024 IN 1291—LS 6832/DI 149 19
1 taxes, promotes those purposes.
2 (j) Money accumulated from the local income tax rate imposed
3 under this section after the termination of the tax under this section
4 shall be transferred to the county rainy day fund under IC 36-1-8-5.1.
5 SECTION 11. IC 9-24-9-2, AS AMENDED BY P.L.211-2023,
6 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 2. (a) Except as provided in subsection (b), each
8 application for a driver's license or permit under this chapter must
9 require the following information:
10 (1) The full legal name of the applicant.
11 (2) The applicant's date of birth.
12 (3) The gender biological sex of the applicant.
13 (4) The applicant's height, weight, hair color, and eye color.
14 (5) The address of the applicant.
15 (6) A:
16 (A) valid Social Security number; or
17 (B) verification of an applicant's:
18 (i) ineligibility to be issued a Social Security number;
19 (ii) identity; and
20 (iii) lawful status, except for an individual granted parole.
21 (7) Whether the applicant has been subject to fainting spells or
22 seizures.
23 (8) Whether the applicant has been issued a driver's license or has
24 been the holder of a permit, and if so, when and by what
25 jurisdiction.
26 (9) Whether the applicant's driver's license or permit has ever
27 been suspended or revoked, and if so, the date of and the reason
28 for the suspension or revocation.
29 (10) Whether the applicant has been convicted of:
30 (A) a crime punishable as a felony under Indiana motor
31 vehicle law; or
32 (B) any other felony in the commission of which a motor
33 vehicle was used;
34 that has not been expunged by a court.
35 (11) Whether the applicant has a physical or mental disability,
36 and if so, the nature of the disability.
37 (12) The signature of the applicant showing the applicant's legal
38 name as it appears or will appear on the driver's license or permit.
39 (13) A digital photograph of the applicant.
40 (14) Any other information the bureau requires.
41 (b) For purposes of subsection (a), an individual certified as a
42 program participant in the address confidentiality program under
2024 IN 1291—LS 6832/DI 149 20
1 IC 5-26.5 is not required to provide the individual's address, but may
2 provide an address designated by the office of the attorney general
3 under IC 5-26.5 as the individual's address.
4 (c) In addition to the information required by subsection (a), an
5 applicant who is required to complete at least fifty (50) hours of
6 supervised practice driving under IC 9-24-3-2.5(a)(1)(E) or
7 IC 9-24-3-2.5(a)(2)(D) must submit to the bureau evidence of the time
8 logged in practice driving.
9 SECTION 12. IC 9-24-11-5, AS AMENDED BY P.L.211-2023,
10 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 5. (a) Except as provided in subsection (d), a
12 learner's permit or driver's license issued under this article must contain
13 the following information:
14 (1) The full legal name of the permittee or licensee.
15 (2) The date of birth of the permittee or licensee.
16 (3) The address of the principal residence of the permittee or
17 licensee.
18 (4) The hair color and eye color of the permittee or licensee.
19 (5) The date of issue and expiration date of the permit or license.
20 (6) The gender biological sex of the permittee or licensee.
21 (7) The unique identifying number of the permit or license.
22 (8) The weight of the permittee or licensee.
23 (9) The height of the permittee or licensee.
24 (10) A reproduction of the signature of the permittee or licensee.
25 (11) If the permittee or licensee is less than eighteen (18) years of
26 age at the time of issuance, the dates, notated prominently, on
27 which the permittee or licensee will become:
28 (A) eighteen (18) years of age; and
29 (B) twenty-one (21) years of age.
30 (12) If the permittee or licensee is at least eighteen (18) years of
31 age but less than twenty-one (21) years of age at the time of
32 issuance, the date, notated prominently, on which the permittee or
33 licensee will become twenty-one (21) years of age.
34 (13) Except as provided in subsection (b), a digital photograph of
35 the permittee or licensee.
36 (b) The bureau may provide for the omission of a photograph or
37 computerized image from any driver's license or learner's permit issued
38 in the form of a physical credential if there is good cause for the
39 omission. However, a driver's license or learner's permit issued without
40 a digital photograph may not be issued in the form of a mobile
41 credential and must include a statement that indicates that the driver's
42 license or learner's permit issued without a digital photograph may not
2024 IN 1291—LS 6832/DI 149 21
1 be accepted by a federal agency for federal identification or any other
2 federal purpose.
3 (c) A driver's license or learner's permit issued to an individual who
4 has:
5 (1) temporary lawful status as indicated by:
6 (A) a valid, unexpired nonimmigrant visa or has nonimmigrant
7 visa status for entry in the United States;
8 (B) a pending application for asylum in the United States;
9 (C) a pending or approved application for temporary protected
10 status in the United States;
11 (D) having an approved deferred action status; or
12 (E) a pending application for adjustment of status to that of an
13 alien lawfully admitted for permanent residence in the United
14 States or conditional permanent residence status in the United
15 States; or
16 (2) been granted parole;
17 must be clearly identified as a temporary driver's license or learner's
18 permit. A temporary driver's license or learner's permit issued under
19 this subsection may not be renewed without the presentation of valid
20 documentary evidence proving that the licensee's or permittee's
21 temporary status has been extended.
22 (d) For purposes of subsection (a), an individual certified as a
23 program participant in the address confidentiality program under
24 IC 5-26.5 is not required to provide the address of the individual's
25 principal residence, but may provide an address designated by the
26 office of the attorney general under IC 5-26.5 as the address of the
27 individual's principal residence.
28 SECTION 13. IC 9-24-16-2, AS AMENDED BY P.L.211-2023,
29 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 2. (a) An application for an identification card to
31 be issued under this chapter in the form of a physical credential must
32 contain the following questions:
33 (1) "Have you served in the armed forces of the United States?".
34 (2) "Are you the surviving spouse of someone who served in the
35 armed forces of the United States or their reserves, in the National
36 Guard, or in the Indiana National Guard?".
37 (b) In addition to the questions set forth in subsection (a), an
38 application for an identification card issued under this chapter in the
39 form of a physical credential must require the following information
40 concerning an applicant:
41 (1) The full legal name of the applicant.
42 (2) The applicant's date of birth.
2024 IN 1291—LS 6832/DI 149 22
1 (3) The gender biological sex of the applicant.
2 (4) The applicant's height, weight, hair color, and eye color.
3 (5) The principal address and mailing address of the applicant.
4 (6) A:
5 (A) valid Social Security number; or
6 (B) verification of an applicant's:
7 (i) ineligibility to be issued a Social Security number;
8 (ii) identity; and
9 (iii) lawful status, except for an individual granted parole.
10 (7) A digital photograph of the applicant.
11 (8) The signature of the applicant showing the applicant's legal
12 name as it will appear on the identification card issued in the form
13 of a physical credential.
14 (9) If the applicant is also applying for a motor driven cycle
15 endorsement, verification that the applicant has satisfactorily
16 completed the test required under section 3.6 of this chapter.
17 (c) The bureau may invalidate an identification card issued in the
18 form of a physical credential that the bureau believes to have been
19 issued as a result of fraudulent documentation.
20 (d) The bureau:
21 (1) shall adopt rules under IC 4-22-2 to establish a procedure to
22 verify an applicant's identity and lawful status; and
23 (2) may adopt rules to establish a procedure to temporarily
24 invalidate an identification card issued in the form of a physical
25 credential that it believes to have been issued based on fraudulent
26 documentation.
27 (e) For purposes of subsection (b), an individual certified as a
28 program participant in the address confidentiality program under
29 IC 5-26.5 is not required to provide the individual's principal address
30 and mailing address, but may provide an address designated by the
31 office of the attorney general under IC 5-26.5 as the individual's
32 principal address and mailing address.
33 (f) In addition to the information required under subsection (b), an
34 application for an identification card to be issued under this chapter in
35 the form of a physical credential must enable the applicant to indicate
36 that the applicant is a veteran and wishes to have an indication of the
37 applicant's veteran status appear on the identification card issued in the
38 form of a physical credential. An applicant who wishes to have an
39 indication of the applicant's veteran status appear on the identification
40 card issued in the form of a physical credential must:
41 (1) indicate on the application that the applicant:
42 (A) is a veteran; and
2024 IN 1291—LS 6832/DI 149 23
1 (B) wishes to have an indication of the applicant's veteran
2 status appear on the identification card; and
3 (2) provide proof at the time of application of the applicant's
4 veteran status.
5 (g) In addition to the information required under subsection (b), an
6 application for an identification card to be issued under this chapter in
7 the form of a physical credential must enable the applicant to indicate
8 that the applicant is a surviving spouse of a veteran and wishes to have
9 an indication of the applicant's status as a surviving spouse of a veteran
10 appear on the identification card issued in the form of a physical
11 credential. An applicant who wishes to have an indication of the
12 applicant's status as a surviving spouse of a veteran appear on the
13 identification card issued in the form of a physical credential must:
14 (1) indicate on the application that the applicant:
15 (A) is the surviving spouse of a veteran of the armed forces of
16 the United States; and
17 (B) wishes to have an indication of the applicant's status as a
18 surviving spouse of a veteran appear on the identification card
19 issued in the form of a physical credential; and
20 (2) provide the documentation necessary to verify that the
21 applicant was married, at the time of the decedent's death, to a
22 veteran.
23 (h) The bureau shall keep in a data base and share the information
24 submitted under subsections (a) and (g) at least annually with the
25 Indiana department of veterans' affairs. The information submitted
26 under subsections (a) and (g) may be used by the Indiana department
27 of veterans' affairs to develop outreach programs for veterans and their
28 families.
29 (i) The application for an identification card to be issued under this
30 chapter in the form of a physical credential must indicate that an
31 applicant has the option whether or not to answer the questions set
32 forth in subsection (a).
33 SECTION 14. IC 9-24-16-3, AS AMENDED BY P.L.211-2023,
34 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 3. (a) An identification card:
36 (1) issued in the form of a physical credential must have the same
37 dimensions and shape as a driver's license; and
38 (2) in the form of a mobile credential must contain the same data
39 contained in a driver's license;
40 but the card must have markings sufficient to distinguish the card from
41 a driver's license.
42 (b) Except as provided in subsection (g), the front side of an
2024 IN 1291—LS 6832/DI 149 24
1 identification card issued in the form of a physical credential must
2 contain the expiration date of the identification card and the following
3 information about the individual to whom the card is being issued:
4 (1) Full legal name.
5 (2) The address of the principal residence.
6 (3) Date of birth.
7 (4) Date of issue and date of expiration.
8 (5) Unique identification number.
9 (6) Gender. Biological sex.
10 (7) Weight.
11 (8) Height.
12 (9) Color of eyes and hair.
13 (10) Reproduction of the signature of the individual identified.
14 (11) Whether the individual is blind (as defined in
15 IC 12-7-2-21(1)).
16 (12) If the individual is less than eighteen (18) years of age at the
17 time of issuance, the dates on which the individual will become:
18 (A) eighteen (18) years of age; and
19 (B) twenty-one (21) years of age.
20 (13) If the individual is at least eighteen (18) years of age but less
21 than twenty-one (21) years of age at the time of issuance, the date
22 on which the individual will become twenty-one (21) years of age.
23 (14) Digital photograph of the individual.
24 (c) The information contained on the identification card as required
25 by subsection (b)(12) or (b)(13) for an individual who is less than
26 twenty-one (21) years of age at the time of issuance shall be notated
27 prominently on the identification card issued in the form of a physical
28 credential.
29 (d) If the individual complies with section 2(f) or 2(g) of this
30 chapter, an indication of the individual's veteran status or status as the
31 surviving spouse of a veteran of the armed forces of the United States,
32 as applicable, shall be shown on the identification card issued in the
33 form of a physical credential.
34 (e) If the applicant for an identification card issued in the form of a
35 physical credential submits information to the bureau concerning the
36 applicant's medical condition, the bureau shall place an identifying
37 symbol on the face of the identification card issued in the form of a
38 physical credential to indicate that the applicant has a medical
39 condition of note. The bureau shall include information on the
40 identification card issued in the form of a physical credential that
41 briefly describes the medical condition of the holder of the card issued
42 in the form of a physical credential. The information must be printed
2024 IN 1291—LS 6832/DI 149 25
1 in a manner that alerts a person reading the card issued in the form of
2 a physical credential to the existence of the medical condition. The
3 applicant for an identification card issued in the form of a physical
4 credential is responsible for the accuracy of the information concerning
5 the medical condition submitted under this subsection. The bureau
6 shall inform an applicant that submission of information under this
7 subsection is voluntary.
8 (f) An identification card issued by the state to an individual who
9 has:
10 (1) temporary lawful status as indicated by:
11 (A) a valid, unexpired nonimmigrant visa or has nonimmigrant
12 visa status for entry in the United States;
13 (B) a pending application for asylum in the United States;
14 (C) a pending or approved application for temporary protected
15 status in the United States;
16 (D) having an approved deferred action status; or
17 (E) a pending application for adjustment of status to that of an
18 alien lawfully admitted for permanent residence in the United
19 States or conditional permanent residence status in the United
20 States; or
21 (2) been granted parole;
22 must be issued in the form of a physical credential and clearly
23 identified as a temporary identification card. A temporary identification
24 card issued under this subsection may not be renewed without the
25 presentation of valid documentary evidence proving that the holder of
26 the identification card's temporary status has been extended.
27 (g) For purposes of subsection (b), an individual certified as a
28 program participant in the address confidentiality program under
29 IC 5-26.5 is not required to provide the address of the individual's
30 principal residence, but may provide an address designated by the
31 office of the attorney general under IC 5-26.5 as the address of the
32 individual's principal residence.
33 (h) The bureau shall validate an identification card issued in the
34 form of a physical credential for motor driven cycle operation upon a
35 highway by endorsement to an individual who:
36 (1) applies for or has previously been issued an identification card
37 under this chapter;
38 (2) makes the appropriate application for endorsement; and
39 (3) satisfactorily completes the test required under section 3.6 of
40 this chapter.
41 The bureau shall place a designation on the face of the identification
42 card issued in the form of a physical credential to indicate that the
2024 IN 1291—LS 6832/DI 149 26
1 individual has received a motor driven cycle endorsement.
2 SECTION 15. IC 9-24-16.5-2, AS AMENDED BY P.L.198-2016,
3 SECTION 516, IS AMENDED TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) An application for a photo
5 exempt identification card issued under this chapter must require the
6 following information concerning an applicant:
7 (1) The full legal name of the applicant.
8 (2) The applicant's date of birth.
9 (3) The gender biological sex of the applicant.
10 (4) The applicant's height, weight, hair color, and eye color.
11 (5) The principal address and mailing address of the applicant.
12 (6) A:
13 (A) valid Social Security number;
14 (B) verification of the applicant's ineligibility to be issued a
15 Social Security number; or
16 (C) statement from the applicant in which the applicant swears
17 or affirms that the applicant has a sincerely held religious
18 belief against the issuance of a Social Security number to the
19 applicant and a copy of Form 4029 from the United States
20 Internal Revenue Service concerning the applicant.
21 (7) A digital image of the applicant.
22 (8) A statement:
23 (A) from the applicant in which the applicant swears or affirms
24 that the applicant has a sincerely held religious belief against
25 the taking of a photograph of the applicant; and
26 (B) from a member of the clergy of the religious organization
27 of which the applicant is a member regarding the prohibition
28 of photography of members of the religious organization.
29 (9) The signature of the applicant.
30 (10) Valid documentary evidence that the applicant is a citizen or
31 national of the United States. The bureau shall maintain records
32 of the information provided under this subdivision.
33 (b) The image required under subsection (a)(7) is a confidential
34 public record in accordance with IC 5-14-3-4(a) and IC 9-14-13-2.
35 (c) The bureau may invalidate a photo exempt identification card
36 that the bureau believes to have been issued as a result of fraudulent
37 documentation.
38 (d) The bureau:
39 (1) shall adopt rules under IC 4-22-2 to establish a procedure to
40 verify an applicant's identity; and
41 (2) may adopt rules to establish a procedure to temporarily
42 invalidate a photo exempt identification card that the bureau
2024 IN 1291—LS 6832/DI 149 27
1 believes to have been issued based on fraudulent documentation.
2 SECTION 16. IC 9-24-16.5-3, AS ADDED BY P.L.197-2015,
3 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 3. (a) A photo exempt identification card must
5 have the same dimensions and shape as a driver's license and an
6 identification card issued under IC 9-24-16, but the photo exempt
7 identification card must have markings sufficient to distinguish the
8 card from a driver's license or an identification card.
9 (b) The front side of a photo exempt identification card must contain
10 the following information about the individual to whom the card is
11 being issued:
12 (1) Full legal name.
13 (2) The address of the principal residence.
14 (3) Date of birth.
15 (4) Date of issue and date of expiration.
16 (5) Unique identification number.
17 (6) Gender. Biological sex.
18 (7) Weight.
19 (8) Height.
20 (9) Color of eyes and hair.
21 (10) A reproduction of the signature of the individual identified.
22 (11) If the individual is less than eighteen (18) years of age at the
23 time of issuance, the dates on which the individual will become:
24 (A) eighteen (18) years of age; and
25 (B) twenty-one (21) years of age.
26 (12) If the individual is at least eighteen (18) years of age but less
27 than twenty-one (21) years of age at the time of issuance, the date
28 on which the individual will become twenty-one (21) years of age.
29 (c) The front side of a photo exempt identification card may not bear
30 an image of the holder of the photo exempt identification card.
31 (d) The information contained on the photo exempt identification
32 card as required by subsection (b)(11) or (b)(12) for an individual who
33 is less than twenty-one (21) years of age at the time of issuance must
34 be printed prominently on the photo exempt identification card.
35 SECTION 17. IC 11-8-2-9 IS AMENDED TO READ AS
36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The department
37 shall establish a program of research and statistics, alone or in
38 cooperation with others, for the purpose of assisting in the
39 identification and achievement of realistic short term and long term
40 departmental goals, the making of administrative decisions, and the
41 evaluation of the facilities and programs of the entire state correctional
42 system. Information relating to the following must be compiled:
2024 IN 1291—LS 6832/DI 149 28
1 (1) An inventory of current facilities and programs, including
2 residential and nonresidential community programs and offender
3 participation.
4 (2) Population characteristics and trends, including the following
5 concerning offenders:
6 (A) Ethnicity.
7 (B) Gender. Biological sex.
8 (3) Judicial sentencing practices.
9 (4) Service area resources, needs, and capabilities.
10 (5) Recidivism of offenders.
11 (6) Projected operating and capital expenditures.
12 (b) The department may conduct research into the causes, detection,
13 and treatment of criminality and delinquency and disseminate the
14 results of that research.
15 SECTION 18. IC 12-9-2-3, AS AMENDED BY P.L.35-2016,
16 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2024]: Sec. 3. (a) The secretary or the secretary's designee
18 may do the following:
19 (1) Employ experts and consultants to assist the division in
20 carrying out the division's functions.
21 (2) Issue orders under IC 4-21.5-3-6.
22 (3) Perform any other acts necessary to carry out the functions of
23 the division.
24 (b) The director may do the following:
25 (1) Utilize, with their consent, the services and facilities of other
26 state agencies without reimbursement.
27 (2) Accept in the name of the division, for use in carrying out the
28 functions of the division, money or property received by gift,
29 bequest, or otherwise.
30 (3) Accept voluntary and uncompensated services.
31 (4) Expend money made available to the division according to
32 policies enforced by the budget agency.
33 (5) Establish and implement the policies and procedures
34 necessary to carry out the functions of the division.
35 (6) Perform any other acts necessary to carry out the functions of
36 the division as delegated by the secretary or consistent with the
37 director's duties.
38 (c) The director shall compile information and statistics from each
39 bureau concerning the ethnicity and gender biological sex of a program
40 or service recipient.
41 SECTION 19. IC 12-9.1-2-3, AS AMENDED BY P.L.35-2016,
42 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2024 IN 1291—LS 6832/DI 149 29
1 JULY 1, 2024]: Sec. 3. (a) The secretary or the secretary's designee
2 may do the following:
3 (1) Employ experts and consultants to assist the division in
4 carrying out the division's functions.
5 (2) Issue orders under IC 4-21.5-3-6.
6 (3) Perform any other acts necessary to carry out the functions of
7 the division.
8 (b) The director may do the following:
9 (1) Use, with their consent, the services and facilities of other
10 state agencies without reimbursement.
11 (2) Accept in the name of the division, for use in carrying out the
12 functions of the division, money or property received by gift,
13 bequest, or otherwise.
14 (3) Accept voluntary and uncompensated services.
15 (4) Expend money made available to the division according to
16 policies enforced by the budget agency.
17 (5) Establish and implement the policies and procedures
18 necessary to carry out the functions of the division.
19 (6) Perform any other acts necessary to carry out the functions of
20 the division as delegated by the secretary or consistent with the
21 director's statutory duties.
22 (c) The director shall compile information and statistics from each
23 bureau concerning the ethnicity and gender biological sex of a program
24 or service recipient.
25 SECTION 20. IC 12-13-5-1, AS AMENDED BY P.L.210-2015,
26 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]: Sec. 1. (a) The division shall administer or supervise
28 the public welfare activities of the state. The division has the following
29 powers and duties:
30 (1) The administration of old age assistance, TANF, and
31 assistance to the needy blind and persons with disabilities,
32 excluding assistance to children with special health care needs.
33 (2) The administration of the licensing and inspection under
34 IC 12-17.2.
35 (3) The provision of services to county governments, including
36 the following:
37 (A) Organizing and supervising county offices for the effective
38 administration of public welfare functions.
39 (B) Compiling statistics and necessary information concerning
40 public welfare problems throughout Indiana.
41 (C) Researching and encouraging research into crime,
42 delinquency, physical and mental disability, and the cause of
2024 IN 1291—LS 6832/DI 149 30
1 dependency.
2 (4) Prescribing the form of, printing, and supplying to the county
3 offices blanks for applications, reports, affidavits, and other forms
4 the division considers necessary and advisable.
5 (5) Cooperating with the federal Social Security Administration
6 and with any other agency of the federal government in any
7 reasonable manner necessary and in conformity with IC 12-13
8 through IC 12-19 to qualify for federal aid for assistance to
9 persons who are entitled to assistance under the federal Social
10 Security Act. The responsibilities include the following:
11 (A) Making reports in the form and containing the information
12 that the federal Social Security Administration Board or any
13 other agency of the federal government requires.
14 (B) Complying with the requirements that a board or agency
15 finds necessary to assure the correctness and verification of
16 reports.
17 (6) Appointing from eligible lists established by the state
18 personnel board employees of the division necessary to effectively
19 carry out IC 12-13 through IC 12-19. The division may not
20 appoint a person who is not a citizen of the United States and who
21 has not been a resident of Indiana for at least one (1) year
22 immediately preceding the person's appointment unless a
23 qualified person cannot be found in Indiana for a position as a
24 result of holding an open competitive examination.
25 (7) Assisting the office of Medicaid policy and planning in fixing
26 fees to be paid to ophthalmologists and optometrists for the
27 examination of applicants for and recipients of assistance as
28 needy blind persons.
29 (8) When requested, assisting other departments, agencies,
30 divisions, and institutions of the state and federal government in
31 performing services consistent with this article.
32 (9) Acting as the agent of the federal government for the
33 following:
34 (A) In welfare matters of mutual concern under IC 12-13
35 through IC 12-19, except for responsibilities of the department
36 of child services under IC 31-25-2.
37 (B) In the administration of federal money granted to Indiana
38 in aiding welfare functions of the state government.
39 (10) Administering additional public welfare functions vested in
40 the division by law and providing for the progressive codification
41 of the laws the division is required to administer.
42 (11) Supervising day care centers.
2024 IN 1291—LS 6832/DI 149 31
1 (12) Compiling information and statistics concerning the ethnicity
2 and gender biological sex of a program or service recipient.
3 (b) In the administration of the public welfare programs, the
4 division and the department of workforce development may enter into
5 a written memorandum of understanding concerning administering and
6 implementing federal work requirements for public welfare programs.
7 SECTION 21. IC 12-15-44.5-3.5, AS AMENDED BY
8 P.L.180-2022(ss), SECTION 16, IS AMENDED TO READ AS
9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3.5. (a) The plan must
10 include the following in a manner and to the extent determined by the
11 office:
12 (1) Mental health care services.
13 (2) Inpatient hospital services.
14 (3) Prescription drug coverage, including coverage of a long
15 acting, nonaddictive medication assistance treatment drug if the
16 drug is being prescribed for the treatment of substance abuse.
17 (4) Emergency room services.
18 (5) Physician office services.
19 (6) Diagnostic services.
20 (7) Outpatient services, including therapy services.
21 (8) Comprehensive disease management.
22 (9) Home health services, including case management.
23 (10) Urgent care center services.
24 (11) Preventative care services.
25 (12) Family planning services:
26 (A) including contraceptives and sexually transmitted disease
27 testing, as described in federal Medicaid law (42 U.S.C. 1396
28 et seq.); and
29 (B) not including abortion or abortifacients.
30 (13) Hospice services.
31 (14) Substance abuse services.
32 (15) Donated breast milk that meets requirements developed by
33 the office of Medicaid policy and planning.
34 (16) A service determined by the secretary to be required by
35 federal law as a benchmark service under the federal Patient
36 Protection and Affordable Care Act.
37 (b) The plan may not permit treatment limitations or financial
38 requirements on the coverage of mental health care services or
39 substance abuse services if similar limitations or requirements are not
40 imposed on the coverage of services for other medical or surgical
41 conditions.
42 (c) The plan may provide vision services and dental services only
2024 IN 1291—LS 6832/DI 149 32
1 to individuals who regularly make the required monthly contributions
2 for the plan as set forth in section 4.7(c) of this chapter.
3 (d) The benefit package offered in the plan:
4 (1) must be benchmarked to a commercial health plan described
5 in 45 CFR 155.100(a)(1) or 45 CFR 155.100(a)(4); and
6 (2) may not include a benefit that is not present in at least one (1)
7 of these commercial benchmark options.
8 (e) The office shall provide to an individual who participates in the
9 plan a list of health care services that qualify as preventative care
10 services for the age, gender, biological sex, and preexisting conditions
11 of the individual. The office shall consult with the federal Centers for
12 Disease Control and Prevention for a list of recommended preventative
13 care services.
14 (f) The plan shall, at no cost to the individual, provide payment of
15 preventative care services described in 42 U.S.C. 300gg-13 for an
16 individual who participates in the plan.
17 (g) The plan shall, at no cost to the individual, provide payments of
18 not more than five hundred dollars ($500) per year for preventative
19 care services not described in subsection (f). Any additional
20 preventative care services covered under the plan and received by the
21 individual during the year are subject to the deductible and payment
22 requirements of the plan.
23 (h) The office shall apply to the United States Department of Health
24 and Human Services for any amendment to the waiver necessary to
25 implement the providing of the services or supplies described in
26 subsection (a)(15). This subsection expires July 1, 2024.
27 SECTION 22. IC 12-20-5.5-1, AS AMENDED BY P.L.162-2021,
28 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 1. (a) The township trustee shall process all
30 applications for township assistance according to uniform written
31 standards and without consideration of the race, creed, nationality, or
32 gender biological sex of the applicant or any member of the applicant's
33 household.
34 (b) The township's standards for the issuance of township assistance
35 and the processing of applications must be:
36 (1) governed by the requirements of this article;
37 (2) proposed by the township trustee, adopted by the township
38 board, and filed with the board of county commissioners;
39 (3) reviewed and updated annually to reflect changes in the cost
40 of basic necessities in the township and changes in the law;
41 (4) published in a single written document, including addenda
42 attached to the document; and
2024 IN 1291—LS 6832/DI 149 33
1 (5) posted in a place prominently visible to the public in all
2 offices of the township trustee where township assistance
3 applications are taken or processed.
4 (c) The township trustee shall annually certify that the uniform
5 written standards for the issuance of township assistance have been
6 filed with the board of county commissioners as required under
7 subsection (b)(2). The certification shall be noted in the township's
8 budget submitted to the department of local government finance's
9 computer gateway under IC 6-1.1-17-3.
10 SECTION 23. IC 12-21-2-3, AS AMENDED BY P.L.127-2020,
11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 3. The secretary or the secretary's designee shall
13 do the following:
14 (1) Organize the division, create the appropriate personnel
15 positions, and employ personnel necessary to discharge the
16 statutory duties and powers of the division or a bureau of the
17 division.
18 (2) Subject to the approval of the state personnel department,
19 establish personnel qualifications for all deputy directors,
20 assistant directors, bureau heads, and superintendents.
21 (3) Subject to the approval of the budget director and the
22 governor, establish the compensation of all deputy directors,
23 assistant directors, bureau heads, and superintendents.
24 (4) Study the entire problem of mental health, mental illness, and
25 addictions existing in Indiana.
26 (5) Adopt rules under IC 4-22-2 for the following:
27 (A) Standards for the operation of private institutions that are
28 licensed under IC 12-25 for the diagnosis, treatment, and care
29 of individuals with psychiatric disorders, addictions, or other
30 abnormal mental conditions.
31 (B) Licensing or certifying community residential programs
32 described in IC 12-22-2-3.5 for individuals with serious
33 mental illness (SMI), serious emotional disturbance (SED), or
34 chronic addiction (CA) with the exception of psychiatric
35 residential treatment facilities.
36 (C) Certifying community mental health centers to operate in
37 Indiana.
38 (D) Establish exclusive geographic primary service areas for
39 community mental health centers. The rules must include the
40 following:
41 (i) Criteria and procedures to justify the change to the
42 boundaries of a community mental health center's primary
2024 IN 1291—LS 6832/DI 149 34
1 service area.
2 (ii) Criteria and procedures to justify the change of an
3 assignment of a community mental health center to a
4 primary service area.
5 (iii) A provision specifying that the criteria and procedures
6 determined in items (i) and (ii) must include an option for
7 the county and the community mental health center to
8 initiate a request for a change in primary service area or
9 provider assignment.
10 (iv) A provision specifying the criteria and procedures
11 determined in items (i) and (ii) may not limit an eligible
12 consumer's right to choose or access the services of any
13 provider who is certified by the division of mental health
14 and addiction to provide public supported mental health
15 services.
16 (6) Institute programs, in conjunction with an accredited college
17 or university and with the approval, if required by law, of the
18 commission for higher education, for the instruction of students
19 of mental health and other related occupations. The programs may
20 be designed to meet requirements for undergraduate and
21 postgraduate degrees and to provide continuing education and
22 research.
23 (7) Develop programs to educate the public in regard to the
24 prevention, diagnosis, treatment, and care of all abnormal mental
25 conditions.
26 (8) Make the facilities of the state institutions available for the
27 instruction of medical students, student nurses, interns, and
28 resident and fellow physicians under the supervision of the faculty
29 of any accredited school of medicine or osteopathy located in
30 Indiana or an accredited residency or fellowship training program
31 in connection with research and instruction in psychiatric
32 disorders.
33 (9) Institute a stipend program designed to improve the quality
34 and quantity of staff that state institutions employ.
35 (10) Establish, supervise, and conduct community programs,
36 either directly or by contract, for the diagnosis, treatment, and
37 prevention of psychiatric disorders.
38 (11) Adopt rules under IC 4-22-2 concerning the records and data
39 to be kept concerning individuals admitted to state institutions,
40 community mental health centers, or other providers.
41 (12) Compile information and statistics concerning the ethnicity
42 and gender biological sex of a program or service recipient.
2024 IN 1291—LS 6832/DI 149 35
1 (13) Establish standards for services described in IC 12-7-2-40.6
2 for community mental health centers and other providers.
3 (14) Provide that the standards for services provided by recovery
4 residences for residential care and supported housing for chronic
5 addiction, when used as a recovery residence, to:
6 (A) be certified through an entity approved by the division to
7 ensure adherence to standards determined by the National
8 Alliance for Recovery Residences (NARR) or a similar entity;
9 and
10 (B) meet other standards established by the division under
11 rules adopted under IC 4-22-2.
12 (15) Require the division to:
13 (A) provide best practice recommendations to community
14 mental health centers; and
15 (B) work with community mental health centers in a
16 collaborative manner in order to ensure improved health
17 outcomes as a part of reviews or audits.
18 Documentation developed as a part of an incident or death
19 reporting audit or review is confidential and may only be shared
20 between the division and the community mental health center.
21 SECTION 24. IC 12-23-18-8, AS AMENDED BY P.L.51-2019,
22 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 8. (a) As used in this section, "dispense" means to
24 deliver a controlled substance to an ultimate user.
25 (b) Subject to the federal patient confidentiality requirements under
26 42 CFR Part 2, when an opioid treatment program dispenses a
27 controlled substance designated by the Indiana board of pharmacy
28 under IC 35-48-2-5 through IC 35-48-2-10, the opioid treatment
29 program shall provide the following information upon request from the
30 division:
31 (1) The medications dispensed by the program.
32 (2) The medication delivery process, which includes whether the
33 medication was in liquid, film, or another form.
34 (3) The number of doses dispensed of each medication.
35 (4) The dosage quantities for each medication.
36 (5) The number of patients receiving take home medications.
37 (6) The number of days of supply dispensed.
38 (7) Patient demographic information for each medication,
39 including gender, biological sex, age, and time in treatment.
40 (8) The dispenser's United States Drug Enforcement Agency
41 registration number.
42 (9) The average number of patients served by:
2024 IN 1291—LS 6832/DI 149 36
1 (A) the opioid treatment program annually; and
2 (B) each employed or contracted prescriber of the opioid
3 treatment program.
4 (10) The annual ratio of employed or contracted prescribers to
5 patients served at each opioid treatment program.
6 (11) The number of patients and the average length of treatment
7 for each medication dispensed by the opioid treatment program.
8 (12) The number of patients completing an opiate treatment
9 program treatment service having transitioned to opioid
10 abstinence, including the use of long acting, nonaddictive
11 medication for relapse prevention.
12 (13) The number of patients demonstrating improvement in
13 functioning, as defined by the division, while in treatment at an
14 opiate treatment program.
15 (14) An annual submission of each opiate treatment program's
16 policy concerning:
17 (A) the use of INSPECT (as defined in IC 25-26-24-7);
18 (B) the protocol for addressing patients who are found, using
19 INSPECT data, to have prescriptions for a controlled
20 substance, including benzodiazepines or other opiate
21 medications; and
22 (C) the protocol for addressing patients who have illicit urine
23 drug screens indicating the use of a controlled substance,
24 including benzodiazepines or other opiates, whether
25 prescribed or not.
26 (15) The number of patients denied access to services due to
27 inability to pay, including the demographic information of the
28 patient concerning race.
29 (16) The number of patients who are receiving behavioral health
30 services in addition to medication.
31 (17) The average mileage a patient is traveling to receive
32 treatment.
33 (18) The patient relapse rate or the average time an individual is
34 receiving treatment from the opioid treatment program.
35 (19) The number of admissions and discharges of patients at the
36 opioid treatment program.
37 (20) The number of pregnant women being treated.
38 (21) Whether an individual is employed at the time of admission
39 and whether the patient obtains employment during treatment.
40 (22) The number of patients who are eligible for the Medicaid
41 program.
42 (23) A description of programs offered by the opioid treatment
2024 IN 1291—LS 6832/DI 149 37
1 program.
2 (24) A description of any community outreach or education to the
3 public offered by the opioid treatment program.
4 (25) The number of patients who have eliminated the use of an
5 illegal substance after the first year of treatment at the opioid
6 treatment program.
7 (c) An opioid treatment program shall provide the information
8 required under this section to the division in a manner prescribed by
9 the division.
10 (d) The division shall annually report the information collected
11 under this section to the legislative council in an electronic format
12 under IC 5-14-6 not later than October 1.
13 SECTION 25. IC 12-32-1-4, AS ADDED BY P.L.171-2011,
14 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 4. This chapter shall be enforced without regard
16 to race, religion, gender, biological sex, ethnicity, or national origin.
17 SECTION 26. IC 16-19-10-2 IS AMENDED TO READ AS
18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. As used in this
19 chapter, "health data" means information on the following:
20 (1) A person's:
21 (A) health status;
22 (B) ethnicity; and
23 (C) gender. biological sex.
24 (2) The cost, availability, and use of health resources and
25 services.
26 The term includes vital statistics and vital records as described in this
27 title.
28 SECTION 27. IC 16-19-10-4, AS AMENDED BY P.L.164-2023,
29 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 4. The center shall do the following:
31 (1) Collect and process health data.
32 (2) Maintain statistics concerning gender biological sex and
33 ethnicity and provide the information to the state department
34 annually.
35 (3) Improve the quality, timeliness, and comparability of health
36 statistics.
37 (4) Analyze and disseminate information about the health status
38 of Indiana residents.
39 (5) Provide access to health data to persons who are permitted to
40 obtain the data under this chapter.
41 (6) Ensure the security and protection of health data maintained
42 by the state department.
2024 IN 1291—LS 6832/DI 149 38
1 (7) Support the goals and objectives of the Cooperative Health
2 Statistics System established by the federal National Center for
3 Health Statistics.
4 SECTION 28. IC 16-21-6-6, AS AMENDED BY P.L.156-2011,
5 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2024]: Sec. 6. In addition to the report filed under section 3 of
7 this chapter, each hospital shall, not more than one hundred twenty
8 (120) days after the end of each calendar quarter, file with the state
9 department, or the state department's designated contractor, inpatient
10 and outpatient discharge information at the patient level, in a format
11 prescribed by the state health commissioner, including the following:
12 (1) The patient's:
13 (A) length of stay;
14 (B) diagnoses and surgical procedures performed during the
15 patient's stay;
16 (C) date of:
17 (i) admission;
18 (ii) discharge; and
19 (iii) birth;
20 (D) type of admission;
21 (E) admission source;
22 (F) gender; biological sex;
23 (G) race;
24 (H) discharge disposition; and
25 (I) payor, including:
26 (i) Medicare;
27 (ii) Medicaid;
28 (iii) a local government program;
29 (iv) commercial insurance;
30 (v) self-pay; and
31 (vi) charity care.
32 (2) The total charge for the patient's stay.
33 (3) The ZIP code of the patient's residence.
34 (4) Beginning October 1, 2013, all diagnosed external causes of
35 injury codes.
36 SECTION 29. IC 16-34-2-5, AS AMENDED BY P.L.56-2023,
37 SECTION 154, IS AMENDED TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Every health care provider
39 who performs a surgical abortion or provides, prescribes, administers,
40 or dispenses an abortion inducing drug for the purposes of inducing an
41 abortion shall report the performance of the abortion or the provision,
42 prescribing, administration, or dispensing of an abortion inducing drug
2024 IN 1291—LS 6832/DI 149 39
1 on a form drafted by the state department, the purpose and function of
2 which shall be the improvement of maternal health and life through the
3 compilation of relevant maternal life and health factors and data, and
4 a further purpose and function shall be to monitor all abortions
5 performed in Indiana to assure the abortions are done only under the
6 authorized provisions of the law. For each abortion performed and
7 abortion inducing drug provided, prescribed, administered, or
8 dispensed, the report shall include, among other things, the following:
9 (1) The age of the patient.
10 (2) Whether a waiver of consent under section 4 of this chapter
11 was obtained.
12 (3) Whether a waiver of notification under section 4 of this
13 chapter was obtained.
14 (4) The date and location, including the facility name and city or
15 town, where the:
16 (A) pregnant woman:
17 (i) provided consent; and
18 (ii) received all information;
19 required under section 1.1 of this chapter; and
20 (B) abortion was performed or the abortion inducing drug was
21 provided, prescribed, administered, or dispensed.
22 (5) The health care provider's full name and address, including the
23 name of the physicians performing the abortion or providing,
24 prescribing, administering, or dispensing the abortion inducing
25 drug.
26 (6) The city and county where the pregnancy termination
27 occurred.
28 (7) The age of the father, or the approximate age of the father if
29 the father's age is unknown.
30 (8) The patient's county and state of residence.
31 (9) The marital status of the patient.
32 (10) The educational level of the patient.
33 (11) The race of the patient.
34 (12) The ethnicity of the patient.
35 (13) The number of the patient's previous live births.
36 (14) The number of the patient's deceased children.
37 (15) The number of the patient's spontaneous pregnancy
38 terminations.
39 (16) The number of the patient's previous induced terminations.
40 (17) The date of the patient's last menses.
41 (18) The physician's determination of the gestation of the fetus in
42 weeks.
2024 IN 1291—LS 6832/DI 149 40
1 (19) The reason for the abortion.
2 (20) Whether the patient indicated that the patient was seeking an
3 abortion as a result of being:
4 (A) abused;
5 (B) coerced;
6 (C) harassed; or
7 (D) trafficked.
8 (21) The following information concerning the abortion or the
9 provision, prescribing, administration, or dispensing of the
10 abortion inducing drug:
11 (A) The postfertilization age of the fetus (in weeks).
12 (B) The manner in which the postfertilization age was
13 determined.
14 (C) The gender biological sex of the fetus, if detectable.
15 (D) Whether the fetus has been diagnosed with or has a
16 potential diagnosis of having Down syndrome or any other
17 disability.
18 (E) If after the earlier of the time the fetus obtains viability or
19 the time the postfertilization age of the fetus is at least twenty
20 (20) weeks, the medical reason for the performance of the
21 abortion.
22 (22) For a surgical abortion, the medical procedure used for the
23 abortion and, if the fetus had a postfertilization age of at least
24 twenty (20) weeks:
25 (A) whether the procedure, in the reasonable judgment of the
26 health care provider, gave the fetus the best opportunity to
27 survive;
28 (B) the basis for the determination that the pregnant woman
29 had a condition described in this chapter that required the
30 abortion to avert the death of or serious impairment to the
31 pregnant woman; and
32 (C) the name of the second doctor present, as required under
33 IC 16-34-2-3(a)(3).
34 (23) For a nonsurgical abortion, the precise drugs provided,
35 prescribed, administered, or dispensed, and the means of delivery
36 of the drugs to the patient.
37 (24) For a nonsurgical abortion, that the manufacturer's
38 instructions were provided to the patient and that the patient
39 signed the patient agreement.
40 (25) For an abortion performed before twenty (20) weeks of
41 postfertilization age of the fetus, the medical indication by
42 diagnosis code for the fetus and the mother.
2024 IN 1291—LS 6832/DI 149 41
1 (26) The mother's obstetrical history, including dates of other
2 abortions, if any.
3 (27) Any preexisting medical conditions of the patient that may
4 complicate the abortion.
5 (28) The results of pathological examinations if performed.
6 (29) For a surgical abortion, whether the fetus was delivered
7 alive, and if so, how long the fetus lived.
8 (30) Records of all maternal deaths occurring at the location
9 where the abortion was performed or the abortion inducing drug
10 was provided, prescribed, administered, or dispensed.
11 (31) The date the form was transmitted to the state department
12 and, if applicable, separately to the department of child services.
13 (b) The health care provider shall complete the form provided for in
14 subsection (a) and shall transmit the completed form to the state
15 department, in the manner specified on the form, within thirty (30) days
16 after the date of each abortion. However, if an abortion is for a female
17 who is less than sixteen (16) years of age, the health care provider shall
18 transmit the form to the state department and separately to the
19 department of child services within three (3) days after the abortion is
20 performed.
21 (c) The dates supplied on the form may not be redacted for any
22 reason before the form is transmitted as provided in this section.
23 (d) Each failure to complete or timely transmit a form, as required
24 under this section, for each abortion performed or abortion inducing
25 drug that was provided, prescribed, administered, or dispensed, is a
26 Class B misdemeanor.
27 (e) On a quarterly basis, the state department shall compile a public
28 report providing the following:
29 (1) Statistics for the previous calendar quarter from the
30 information submitted under this section.
31 (2) Statistics for previous calendar years compiled by the state
32 department under this subsection, with updated information for
33 the calendar quarter that was submitted to the state department
34 after the compilation of the statistics.
35 The state department shall ensure that no identifying information of a
36 pregnant woman is contained in the report.
37 (f) The state department shall:
38 (1) summarize aggregate data from all data submitted under this
39 section; and
40 (2) submit the data, before July 1 of each year, to the United
41 States Centers for Disease Control and Prevention for its inclusion
42 in the annual Vital Statistics Report.
2024 IN 1291—LS 6832/DI 149 42
1 SECTION 30. IC 16-38-5-2, AS AMENDED BY P.L.2-2014,
2 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 2. (a) Except as provided in subsection (c), a
4 provider, a physician's designee, a pharmacist's designee, or a person
5 approved by the state department may provide immunization data to the
6 immunization data registry in a manner prescribed by the state
7 department and for the purposes allowed under this chapter.
8 (b) This subsection takes effect July 1, 2015. Except as provided in
9 subsections (c) and (e), a provider who is licensed under IC 25 and who
10 is authorized within the provider's scope of practice to administer
11 immunizations or the provider's designee shall electronically provide
12 immunization data to the immunization data registry for all
13 immunizations administered to individuals who are less than nineteen
14 (19) years of age:
15 (1) not later than seven (7) business days after providing the
16 immunization;
17 (2) in a manner prescribed by the state department, after
18 reasonable notice; and
19 (3) for the purposes allowed under this chapter.
20 (c) A person is exempt from providing immunization data to the
21 immunization data registry if:
22 (1) the patient or the patient's parent or guardian, if the patient is
23 less than eighteen (18) years of age, has completed and filed a
24 written immunization data exemption form with either the person
25 who provides the immunization or the state department; or
26 (2) the patient is a resident of or is receiving services from a
27 facility licensed under IC 16-28.
28 (d) The minimum immunization data that must be provided under
29 subsection (b) are the following:
30 (1) Patient identification number.
31 (2) Patient first and last name.
32 (3) Patient date of birth.
33 (4) Patient address.
34 (5) Patient race.
35 (6) Patient gender. biological sex.
36 (7) Vaccine for Children program eligibility, if the patient is
37 eligible for the Vaccine for Children program.
38 (8) Dose at the administration level under the Vaccine for
39 Children program, if the patient is eligible for the Vaccine for
40 Children program.
41 (9) Vaccination presentation or vaccination code using approved
42 Immunization Information System (IIS) code type.
2024 IN 1291—LS 6832/DI 149 43
1 (10) Vaccination date administered.
2 (11) Lot number of the administered vaccine.
3 The state department may expand or modify the list of minimum
4 immunization data that must be provided under this section based on
5 Centers for Disease Control Immunization Information System (IIS)
6 minimum field requirements.
7 (e) A provider who is unable to electronically provide immunization
8 data to the immunization data registry by July 1, 2015, shall submit a
9 detailed plan for compliance with the requirements of subsection (b) to
10 the state department no later than March 31, 2015. The state
11 department will assist the provider so the provider is able to
12 electronically provide immunization data in a reasonable amount of
13 time.
14 (f) The state department shall create and provide copies of
15 immunization data exemption forms to:
16 (1) providers who are:
17 (A) licensed under IC 25; and
18 (B) authorized within the provider's scope of practice to
19 administer immunizations; and
20 (2) individuals;
21 who request the form.
22 (g) The state department shall distribute, upon request, written
23 information to be disseminated to patients that describes the
24 immunization data registry. The written information must include the
25 following:
26 (1) That, beginning July 1, 2015, the provider is required to report
27 immunization data to the immunization data registry.
28 (2) That the patient or the patient's parent or guardian, if the
29 patient is less than eighteen (18) years of age, has a right to
30 exempt disclosure of immunization data to the registry and may
31 prevent disclosure by signing an immunization data exemption
32 form.
33 (3) That the patient or the patient's parent or guardian, if the
34 patient is less than eighteen (18) years of age, may have the
35 individual's information removed from the immunization data
36 registry.
37 (4) Instructions on how to have the information removed.
38 SECTION 31. IC 16-41-39.4-3, AS AMENDED BY P.L.102-2008,
39 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2024]: Sec. 3. (a) A person that examines the blood of an
41 individual described in section 2 of this chapter for the presence of lead
42 must report to the state department the results of the examination not
2024 IN 1291—LS 6832/DI 149 44
1 later than one (1) week after completing the examination. The report
2 must include at least the following:
3 (1) With respect to the individual whose blood is examined:
4 (A) the name;
5 (B) the date of birth;
6 (C) the gender; biological sex;
7 (D) the race; and
8 (E) any other information that is required to be included to
9 qualify to receive federal funding.
10 (2) With respect to the examination:
11 (A) the date;
12 (B) the type of blood test performed;
13 (C) the person's normal limits for the test;
14 (D) the results of the test; and
15 (E) the person's interpretation of the results of the test.
16 (3) The names, addresses, and telephone numbers of:
17 (A) the person; and
18 (B) the attending physician, hospital, clinic, or other specimen
19 submitter.
20 (b) If a person required to report under subsection (a) has submitted
21 more than fifty (50) results in the previous calendar year, the person
22 must submit subsequent reports in an electronic format determined by
23 the state department.
24 (c) Except as provided in subsection (d), if a person required to
25 report under subsection (a) fails to provide complete information
26 within ten (10) days after notification by the state department, the state
27 department may, in accordance with IC 4-21.5, assess a civil penalty
28 against the person in an amount equal to one thousand five hundred
29 dollars ($1,500) for each incomplete report that is submitted after
30 receipt of the notification. Money received by the state department
31 under this subsection shall be deposited in the fund.
32 (d) Subsection (c) does not apply to a person who acts in good faith
33 to provide a complete report required under subsection (a), but who:
34 (1) is unable to collect all of the information required for a
35 complete report; or
36 (2) provides incorrect information on a completed report.
37 SECTION 32. IC 20-19-3-4, AS AMENDED BY P.L.269-2019,
38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2024]: Sec. 4. (a) The department shall:
40 (1) perform the duties required by statute;
41 (2) implement the policies and procedures established by the state
42 board;
2024 IN 1291—LS 6832/DI 149 45
1 (3) conduct analytical research to assist the state board in
2 determining the state's educational policy;
3 (4) compile statistics concerning the ethnicity, gender, biological
4 sex, and disability status of students in Indiana schools, including
5 statistics for all information that the department receives from
6 school corporations on enrollment, number of suspensions, and
7 number of expulsions; and
8 (5) provide technical assistance to school corporations.
9 (b) In compiling statistics by gender, biological sex, ethnicity, and
10 disability status under subsection (a)(4), the department shall also
11 categorize suspensions and expulsions by cause as follows:
12 (1) Alcohol.
13 (2) Drugs.
14 (3) Deadly weapons (other than firearms).
15 (4) Handguns.
16 (5) Rifles or shotguns.
17 (6) Other firearms.
18 (7) Tobacco.
19 (8) Attendance.
20 (9) Destruction of property.
21 (10) Legal settlement (under IC 20-33-8-17).
22 (11) Fighting (incident does not rise to the level of battery).
23 (12) A battery offense included in IC 35-42-2.
24 (13) Intimidation (IC 35-45-2-1).
25 (14) Verbal aggression or profanity.
26 (15) Defiance.
27 (16) Other.
28 (c) The department shall provide the state board any data, including
29 fiscal data, as determined by the state board, in a reasonable time frame
30 established by the state board after consultation with the department,
31 necessary to conduct an audit or evaluation of any federal or state
32 supported program principally engaged in the provision of education,
33 including, but not limited to:
34 (1) early childhood education;
35 (2) elementary and secondary education;
36 (3) postsecondary education;
37 (4) special education;
38 (5) job training;
39 (6) career and technical education; and
40 (7) adult education;
41 or for the enforcement of or compliance with federal legal requirements
42 related to those education programs as determined by the state board.
2024 IN 1291—LS 6832/DI 149 46
1 The state board and the department are considered state educational
2 authorities within the meaning of the federal Family Educational Rights
3 and Privacy Act (20 U.S.C. 1232g and 34 CFR Part 99) for the purpose
4 of allowing the free exchange of information between the department
5 and the state board.
6 (d) The department may, upon request by a new school, assign an
7 identification number for the new school.
8 (e) The department shall develop guidelines necessary to implement
9 this section.
10 SECTION 33. IC 20-19-3-17, AS AMENDED BY P.L.246-2023,
11 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 17. (a) As used in this section, "foster care" has
13 the meaning set forth in IC 31-9-2-46.7.
14 (b) As used in this section, "foster care youth" means students in
15 foster care.
16 (c) As used in this section, "graduation rate" has the meaning set
17 forth in IC 20-26-13-6.
18 (d) The state board shall, in collaboration with the department and
19 the department of child services, annually prepare a report on foster
20 care youth educational outcomes that includes the following:
21 (1) The annual graduation rate of foster care youth, including the
22 following information:
23 (A) The graduation rate for each of the following:
24 (i) Foster care youth who received a graduation waiver
25 under IC 20-32-4-4.
26 (ii) Foster care youth who did not receive a graduation
27 waiver under IC 20-32-4-4.
28 (B) The number and percentage of foster care youth who
29 received each type of diploma.
30 (2) The adjusted cohort graduation rate for foster care youth,
31 including the adjusted cohort graduation rate for each of the
32 following:
33 (A) Foster care youth who received a graduation waiver under
34 IC 20-32-4-4.
35 (B) Foster care youth who did not receive a graduation waiver
36 under IC 20-32-4-4.
37 (3) The number and percentage for each of the following:
38 (A) Foster care youth who were promoted to the next grade
39 level at the end of the school year.
40 (B) Foster care youth who were retained in the same grade
41 level for the next school year.
42 (C) Foster care youth who were suspended during the school
2024 IN 1291—LS 6832/DI 149 47
1 year.
2 (D) Foster care youth who were expelled during the school
3 year.
4 (E) Foster care youth who met academic standards on
5 statewide assessment program tests (as defined in
6 IC 20-32-2-2.3) administered during the school year.
7 The information reported under this subdivision must also be
8 disaggregated by race, grade, gender, biological sex, free or
9 reduced price lunch status, and eligibility for special education.
10 (4) The number and percentage of eligible foster care youth who
11 are enrolled in the prekindergarten program under IC 12-17.2-7.2.
12 (5) The number and percentage of foster care youth who passed
13 the reading skills evaluation administered under IC 20-32-8.5-2.
14 (6) The number and percentage of foster care youth enrolled in
15 schools, disaggregated by the category or designation of the
16 school under IC 20-31-8-3.
17 (7) The number and percentage of foster care youth enrolled in
18 schools, disaggregated by the type of school, including public
19 schools, charter schools, and secure private facilities (as defined
20 in IC 31-9-2-115).
21 (e) Not later than June 30, 2019, the department shall:
22 (1) after consulting with the department of child services, develop
23 a remediation plan concerning foster care youth; and
24 (2) submit a copy of the remediation plan to the following:
25 (A) The state board.
26 (B) The department of child services.
27 (C) The legislative council in an electronic format under
28 IC 5-14-6.
29 (f) Before April 1, 2019, and before April 1 each year thereafter, the
30 department shall submit the report described in subsection (d) to the
31 following:
32 (1) Department of child services.
33 (2) Legislative council in an electronic format under IC 5-14-6.
34 SECTION 34. IC 20-19-3-18, AS AMENDED BY P.L.246-2023,
35 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2024]: Sec. 18. (a) As used in this section, "graduation rate"
37 has the meaning set forth in IC 20-26-13-6.
38 (b) The state board shall, in collaboration with the department and
39 the department of child services, annually prepare a report on homeless
40 youth educational outcomes that includes the following:
41 (1) The annual graduation rate of homeless youth, including the
42 following information:
2024 IN 1291—LS 6832/DI 149 48
1 (A) The graduation rate for each of the following:
2 (i) Homeless youth who received a graduation waiver under
3 IC 20-32-4-4.
4 (ii) Homeless youth who did not receive a graduation waiver
5 under IC 20-32-4-4.
6 (B) The number and percentage of homeless youth who
7 received each type of diploma.
8 (2) The adjusted cohort graduation rate for homeless youth,
9 including the adjusted cohort graduation rate for each of the
10 following:
11 (A) Homeless youth who received a graduation waiver under
12 IC 20-32-4-4.
13 (B) Homeless youth who did not receive a graduation waiver
14 under IC 20-32-4-4.
15 (3) The number and percentage of each of the following:
16 (A) Homeless youth who were promoted to the next grade
17 level at the end of the school year.
18 (B) Homeless youth who were retained in the same grade level
19 for the next school year.
20 (C) Homeless youth who were suspended during the school
21 year.
22 (D) Homeless youth who were expelled during the school year.
23 (E) Homeless youth who met academic standards on statewide
24 assessment program tests (as defined in IC 20-32-2-2.3)
25 administered during the school year.
26 The information reported under this subdivision must also be
27 disaggregated by race, grade, gender, biological sex, free or
28 reduced price lunch status, and eligibility for special education.
29 (4) The number and percentage of eligible homeless youth who
30 are enrolled in the prekindergarten program under IC 12-17.2-7.2.
31 (5) The number and percentage of homeless youth who passed the
32 reading skills evaluation administered under IC 20-32-8.5-2.
33 (6) The number and percentage of homeless youth enrolled in
34 schools, disaggregated by the category or designation of the
35 school under IC 20-31-8-3.
36 (7) The number and percentage of homeless youth enrolled in
37 schools, disaggregated by the type of school, including public
38 schools, charter schools, and secure private facilities (as defined
39 in IC 31-9-2-115).
40 (c) Not later than August 31, 2019, the department shall:
41 (1) develop a remediation plan concerning homeless youth; and
42 (2) submit a copy of the remediation plan to the following:
2024 IN 1291—LS 6832/DI 149 49
1 (A) The state board.
2 (B) The Indiana housing and community development
3 authority established by IC 5-20-1-3.
4 (C) The legislative council in an electronic format under
5 IC 5-14-6.
6 (d) Before June 1, 2019, and before June 1 each year thereafter, the
7 department shall submit the report described in subsection (b) to the
8 following:
9 (1) The Indiana housing and community development authority.
10 (2) The legislative council in an electronic format under
11 IC 5-14-6.
12 SECTION 35. IC 20-24-2-2, AS ADDED BY P.L.1-2005,
13 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 2. A charter school is subject to all federal and
15 state laws and constitutional provisions that prohibit discrimination on
16 the basis of the following:
17 (1) Disability.
18 (2) Race.
19 (3) Color.
20 (4) Gender. Biological sex.
21 (5) National origin.
22 (6) Religion.
23 (7) Ancestry.
24 SECTION 36. IC 20-24-5-4, AS AMENDED BY P.L.280-2013,
25 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 4. (a) Except as provided in this chapter, a charter
27 school may not establish admission policies or limit student admissions
28 in any manner in which a public school is not permitted to establish
29 admission policies or limit student admissions.
30 (b) Notwithstanding subsection (a), a charter school may operate as
31 a single gender sex school if approved to do so by the authorizer. A
32 single gender sex charter school must be open to any student of the
33 gender biological sex the school serves who resides in Indiana.
34 SECTION 37. IC 20-24-5-5, AS AMENDED BY P.L.216-2021,
35 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2024]: Sec. 5. (a) Except as provided in subsections (b), (c),
37 (d), (e), (f), and (g) and section 4.5 of this chapter, a charter school
38 must enroll any eligible student who submits a timely application for
39 enrollment.
40 (b) This subsection applies if the number of applications for a
41 program, class, grade level, or building exceeds the capacity of the
42 program, class, grade level, or building. If a charter school receives a
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1 greater number of applications than there are spaces for students, each
2 timely applicant must be given an equal chance of admission. The
3 organizer must determine which of the applicants will be admitted to
4 the charter school or the program, class, grade level, or building by
5 random drawing in a public meeting, with each timely applicant limited
6 to one (1) entry in the drawing. However, the organizer of a charter
7 school located in a county with a consolidated city shall determine
8 which of the applicants will be admitted to the charter school or the
9 program, class, grade level, or building by using a publicly verifiable
10 random selection process.
11 (c) A charter school may limit new admissions to the charter school
12 to:
13 (1) ensure that a student who attends the charter school during a
14 school year may continue to attend the charter school in
15 subsequent years;
16 (2) ensure that a student who attends a charter school during a
17 school year may continue to attend a different charter school held
18 by the same organizer in subsequent years;
19 (3) allow the siblings of a student alumnus or a current student
20 who attends a charter school or a charter school held by the same
21 organizer to attend the same charter school the student is
22 attending or the student alumnus attended;
23 (4) allow preschool students who attend a Level 3 or Level 4
24 Paths to QUALITY program preschool to attend kindergarten at
25 a charter school if the charter school and the preschool provider
26 have entered into an agreement to share services or facilities;
27 (5) allow each student who qualifies for free or reduced price
28 lunch under the national school lunch program to receive
29 preference for admission to a charter school if the preference is
30 specifically provided for in the charter school's charter and is
31 approved by the authorizer; and
32 (6) allow each student who attends a charter school that is
33 co-located with the charter school to receive preference for
34 admission to the charter school if the preference is specifically
35 provided for in the charter school's charter and is approved by the
36 charter school's authorizer.
37 (d) This subsection applies to an existing school that converts to a
38 charter school under IC 20-24-11. During the school year in which the
39 existing school converts to a charter school, the charter school may
40 limit admission to:
41 (1) those students who were enrolled in the charter school on the
42 date of the conversion; and
2024 IN 1291—LS 6832/DI 149 51
1 (2) siblings of students described in subdivision (1).
2 (e) A charter school may give enrollment preference to children of
3 the charter school's founders, governing body members, and charter
4 school employees, as long as the enrollment preference under this
5 subsection is not given to more than ten percent (10%) of the charter
6 school's total population.
7 (f) A charter school may give enrollment preference to children who
8 attend another charter school that is closed or non-renewed under
9 IC 20-24-4-3 or IC 20-24-9-4.
10 (g) A charter school may not suspend or expel a charter school
11 student or otherwise request a charter school student to transfer to
12 another school on the basis of the following:
13 (1) Disability.
14 (2) Race.
15 (3) Color.
16 (4) Gender. Biological sex.
17 (5) National origin.
18 (6) Religion.
19 (7) Ancestry.
20 A charter school student may be expelled or suspended only in a
21 manner consistent with discipline rules established under IC 20-24-5.5.
22 SECTION 38. IC 20-26-18-6, AS AMENDED BY P.L.25-2016,
23 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 6. (a) Not later than June 1, 2017, and before June
25 2 of each year thereafter, each school corporation shall submit to the
26 department a written report, on forms developed by the department,
27 outlining the activities undertaken as part of the school corporation's
28 compliance with this chapter. The report must include school based
29 data to monitor for disproportionality, with each school reporting the
30 number of investigations disposed of internally and the number of
31 cases referred to local law enforcement, disaggregated by race,
32 ethnicity, age, and gender. biological sex.
33 (b) Not later than November 1, 2017, and before November 2 of
34 each year thereafter, the department shall submit a comprehensive
35 report concerning criminal organization activity in schools to the
36 governor and the general assembly. A report submitted to the general
37 assembly under this subsection must be in an electronic format under
38 IC 5-14-6. The report must include the following:
39 (1) A summary of the activities reported to the department under
40 subsection (a).
41 (2) Any recommendations or conclusions made by the department
42 to assist in the prevention of, education about, and intervention in
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1 criminal organization activity in schools.
2 SECTION 39. IC 20-30-5-23, AS AMENDED BY P.L.76-2020,
3 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 23. (a) After June 30, 2021, each public high
5 school, including each charter school, shall offer at least one (1)
6 computer science course as a one (1) semester elective in the public
7 high school's curriculum at least once each school year for high school
8 students.
9 (b) After June 30, 2021, each public school, including each charter
10 school, shall include computer science in the public school's
11 curriculum for students in kindergarten through grade 12. A public
12 high school fulfills the requirements under this subsection by meeting
13 the requirements under subsection (a).
14 (c) If a public school fails to comply with this section, the
15 department shall assist the public school in meeting the requirements
16 under this section.
17 (d) The department shall:
18 (1) prepare an annual report concerning the implementation of
19 computer science courses in public high schools, including
20 charter schools, that includes the information described in
21 subsection (e); and
22 (2) submit, before December 1 of each year, the report to the
23 following:
24 (A) The state board.
25 (B) The general assembly.
26 (C) The commission for higher education.
27 The department shall submit the written report to the general assembly
28 in an electronic format under IC 5-14-6.
29 (e) The report under subsection (d) must include the following
30 information:
31 (1) The total number and percentage of computer science unique
32 student course enrollments and course completions for each
33 public high school, including each charter school, and by each
34 course title approved by the department.
35 (2) The number and percentage of unique student enrollments and
36 course completions in a computer science course by each course
37 title approved by the department and disaggregated by:
38 (A) race;
39 (B) gender; biological sex;
40 (C) grade;
41 (D) ethnicity;
42 (E) limited English language proficiency;
2024 IN 1291—LS 6832/DI 149 53
1 (F) free or reduced price lunch status; and
2 (G) eligibility for special education.
3 (3) The number of computer science instructors at each school
4 disaggregated by:
5 (A) gender; biological sex;
6 (B) certification, if applicable; and
7 (C) academic degree.
8 (4) Any other pertinent matters.
9 (f) The department shall post the report described in subsections (d)
10 and (e) on the department's Internet web site.
11 SECTION 40. IC 20-34-6-1, AS AMENDED BY P.L.83-2018,
12 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 1. (a) By July 1 of each year, each school
14 corporation shall submit a report to the department detailing the
15 following information for the current school year for each school in the
16 school corporation and for the entire school corporation:
17 (1) The number of arrests of students on school corporation
18 property, including arrests made by law enforcement officers,
19 security guards, school safety specialists, and other school
20 corporation employees, and any citizen arrests.
21 (2) The offenses for which students were arrested on school
22 corporation property.
23 (3) The number of contacts with law enforcement personnel from
24 a school corporation employee that have resulted in arrests of
25 students not on school corporation property.
26 (4) Statistics concerning the age, race, and gender biological sex
27 of students arrested on school corporation property and
28 categorizing the statistics by offenses.
29 (5) Whether the school corporation has established and employs
30 a school corporation police department under IC 20-26-16, and if
31 so, report:
32 (A) the number of officers in the school corporation police
33 department; and
34 (B) the training the officers must complete.
35 (6) If the school corporation employs private security guards to
36 enforce rules or laws on school property, a detailed explanation
37 of the use of private security guards by the school corporation.
38 (7) If the school corporation has an agreement with a local law
39 enforcement agency regarding procedures to arrest students on
40 school property, a detailed explanation of the use of the local law
41 enforcement agency by the school corporation.
42 (8) The number of reported bullying incidents involving a student
2024 IN 1291—LS 6832/DI 149 54
1 of the school corporation by category. However, nothing in this
2 subdivision may be construed to require all bullying incidents to
3 be reported to a law enforcement agency.
4 (b) By August 1 of each year, the department shall submit a report
5 to:
6 (1) the legislative council;
7 (2) the board for the coordination of programs serving vulnerable
8 individuals established by IC 4-23-30.2-8; and
9 (3) the criminal justice institute;
10 providing a summary of the reports submitted to the department under
11 subsection (a). The report to the legislative council must be in an
12 electronic format under IC 5-14-6.
13 (c) By August 1 of each year, the department must post the reports
14 described in subsections (a) and (b) on the department's Internet web
15 site.
16 (d) Information reported under subsection (a)(8) may not be used in
17 the calculation of a school corporation's improvement under
18 IC 20-31-8.
19 SECTION 41. IC 20-36-3-10, AS AMENDED BY P.L.86-2018,
20 SECTION 182, IS AMENDED TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2024]: Sec. 10. The department shall prepare
22 an annual report concerning the implementation of the program and
23 shall submit the report to the state board before December 1 of each
24 year. The report must include the pertinent details of the program,
25 including the following:
26 (1) The number of students participating in the program.
27 (2) The number of teachers attending a summer institute offered
28 by the College Board.
29 (3) Recent trends in the field of advanced placement.
30 (4) The distribution of money under this program.
31 (5) Gender Biological sex and minority participation.
32 (6) Other pertinent matters.
33 SECTION 42. IC 20-51.4-5-3, AS AMENDED BY P.L.202-2023,
34 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 3. (a) Each qualified school that is an ESA
36 participating entity that accepts payments for tuition and fees made
37 from an ESA account under the ESA program shall administer to its
38 eligible students, for the applicable grade levels as provided under
39 IC 20-32-5.1, the statewide assessment unless otherwise prescribed by
40 the eligible student's:
41 (1) individualized education program;
42 (2) service plan developed under 511 IAC 7-34;
2024 IN 1291—LS 6832/DI 149 55
1 (3) choice special education plan developed under 511 IAC 7-49;
2 or
3 (4) plan developed under Section 504 of the federal Rehabilitation
4 Act of 1973, 29 U.S.C. 794.
5 (b) Upon receipt of the statewide assessment test results, the
6 department shall, subject to the federal Family Educational Rights and
7 Privacy Act (20 U.S.C. 1232g) and any regulations adopted under that
8 act:
9 (1) aggregate the statewide assessment test results according to
10 the grade level, gender, biological sex, race, and family income
11 level of all eligible students; and
12 (2) make the results determined under subdivision (1) available
13 on the department's website.
14 SECTION 43. IC 27-2-17-6 IS AMENDED TO READ AS
15 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) An insurance
16 company that issues property or casualty insurance shall not
17 discriminate in the appointment of an independent insurance producer
18 on the basis of race, color, national origin, or gender. biological sex.
19 (b) Except as provided in subsection (c), the department has
20 exclusive jurisdiction to investigate any complaints of discrimination
21 in the appointment of independent insurance producers in violation of
22 subsection (a).
23 (c) If the commissioner of the department determines after a hearing
24 that an insurance company has violated subsection (a), the
25 commissioner may order one (1) of the following remedies:
26 (1) Payment of a civil penalty of not more than two thousand
27 dollars ($2,000) for each violation.
28 (2) Suspension or revocation of the insurance company's
29 certificate of authority if the commissioner determines that the
30 violation was willful or wanton and that similar violations have
31 been committed by that company with a frequency that constitutes
32 a general business practice.
33 (3) Any other remedy agreed to by the department and the
34 insurance company.
35 (d) Any determination made by the commissioner under this section
36 is subject to IC 4-21.5.
37 (e) Findings of the department under this section may not be
38 considered as evidence in any civil action other than an appeal as
39 provided under IC 4-21.5.
40 SECTION 44. IC 27-2-21-16, AS AMENDED BY P.L.84-2009,
41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 16. (a) An insurer that uses credit information to
2024 IN 1291—LS 6832/DI 149 56
1 underwrite or rate risks shall not do the following:
2 (1) Use an insurance score that is calculated using income,
3 gender, biological sex, address, ZIP code, ethnic group, religion,
4 marital status, or nationality of the consumer as a factor.
5 (2) Deny, cancel, or decline to renew a personal insurance policy
6 solely on the basis of credit information.
7 (3) Base an insured's renewal rate for a personal insurance policy
8 solely on credit information.
9 (4) Take an adverse action against a consumer solely because the
10 consumer does not have a credit card account.
11 (5) Consider an absence of credit information or an inability to
12 calculate an insurance score in underwriting or rating a personal
13 insurance policy, unless the insurer does one (1) of the following:
14 (A) Presents to the commissioner information that the absence
15 or inability relates to the risk for the insurer and treats the
16 consumer as approved by the commissioner.
17 (B) Treats the consumer as if the consumer had neutral credit
18 information, as defined by the insurer.
19 (6) Take an adverse action against a consumer based on credit
20 information unless the insurer obtains and uses:
21 (A) a credit report issued; or
22 (B) an insurance score calculated;
23 not more than ninety (90) days before the date the personal
24 insurance policy is first written or the renewal is issued.
25 (7) Use the following as a negative factor in an insurance scoring
26 methodology or in reviewing credit information for the purpose
27 of underwriting or rating a personal insurance policy:
28 (A) A credit inquiry:
29 (i) not initiated by the consumer; or
30 (ii) requested by the consumer for the consumer's own credit
31 information.
32 (B) A credit inquiry relating to insurance coverage.
33 (C) A late payment or a collection account with a medical
34 industry code on the consumer's credit report.
35 (D) Multiple lender inquiries:
36 (i) coded by the consumer reporting agency on the
37 consumer's credit report as being from the home mortgage
38 industry; and
39 (ii) made within thirty (30) days of one another.
40 (E) Multiple lender inquiries:
41 (i) coded by the consumer reporting agency on the
42 consumer's credit report as being from the automobile
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1 lending industry; and
2 (ii) made within thirty (30) days of one another.
3 (b) An insurer that uses credit information to underwrite or rate risks
4 shall, at annual renewal upon the request of an insured or an insured's
5 agent, re-underwrite and re-rate the insured's personal insurance policy
6 based on a current credit report or insurance score unless one (1) of the
7 following applies:
8 (1) The insurer's treatment of the consumer is otherwise approved
9 by the commissioner.
10 (2) The insured is in the most favorably priced tier of the insurer,
11 within a group of affiliated insurers.
12 (3) Credit information was not used for underwriting or rating the
13 insured when the personal insurance policy was initially written.
14 (4) The insurer reevaluates the insured at least every thirty-six
15 (36) months after a personal insurance policy is issued based on
16 underwriting or rating factors other than credit information.
17 (5) The insurer has re-underwritten and re-rated the insured's
18 personal insurance policy based on a credit report obtained or an
19 insurance score recalculated less than twelve (12) months before
20 the date of the request by the insured or the insured's agent.
21 (c) An insurer that uses credit information to underwrite or rate risks
22 may obtain current credit information upon the renewal of a personal
23 insurance policy when renewal occurs more frequently than every
24 thirty-six (36) months if consistent with the insurer's underwriting
25 guidelines.
26 SECTION 45. IC 27-2-27-12, AS ADDED BY P.L.130-2020,
27 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2024]: Sec. 12. As used in this chapter, "nonpublic
29 information" means electronic information that is not publicly available
30 information and is described in either of the following subdivisions:
31 (1) Any information concerning a consumer, which because of
32 name, number, personal mark, or other identifier can be used, in
33 combination with any one (1) or more of the following data
34 elements, to identify the consumer:
35 (A) Social Security number.
36 (B) Driver's license number or nondriver identification card
37 number.
38 (C) Financial account number, credit card number, or debit
39 card number.
40 (D) Any security code, access code, or password that would
41 permit access to a consumer's financial account.
42 (E) Biometric records.
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1 (2) Any information or data, except age or gender, biological sex,
2 in any form or medium created by or derived from a health care
3 provider or a consumer that can be used to identify a consumer
4 and relates to:
5 (A) the past, present, or future physical, mental, or behavioral
6 health or condition of the consumer or a member of the
7 consumer's family;
8 (B) the provision of health care to the consumer; or
9 (C) payment for the provision of health care provided to the
10 consumer.
11 SECTION 46. IC 31-11-1-1 IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Only a female
13 may marry a male. Only a male may marry a female.
14 (b) A marriage between persons of the same gender biological sex
15 is void in Indiana even if the marriage is lawful in the place where it is
16 solemnized.
17 SECTION 47. IC 31-11-1-7, AS ADDED BY P.L.94-2020,
18 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]: Sec. 7. (a) A minor who is sixteen (16) or seventeen
20 (17) years of age may petition the juvenile court in the county in which
21 the minor resides for an order granting the minor approval to marry and
22 completely emancipating the minor. The petition must contain the
23 following information:
24 (1) The minor's name, gender, biological sex, and age.
25 (2) Documentary proof of the minor's date of birth.
26 (3) The minor's address, and how long the minor has resided at
27 that address.
28 (4) The following information with regard to the intended spouse:
29 (A) The intended spouse's name, gender, biological sex, and
30 age.
31 (B) Documentary proof of the intended spouse's date of birth.
32 (C) The intended spouse's address, and how long the intended
33 spouse has resided at that address.
34 (5) A statement of:
35 (A) the reasons the minor desires to marry;
36 (B) how the minor and the intended spouse came to know each
37 other; and
38 (C) how long the minor and the intended spouse have known
39 each other.
40 (6) Copies of:
41 (A) any criminal records of the minor and of the intended
42 spouse; and
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1 (B) any protective order:
2 (i) issued to protect or restrain either the minor or the
3 intended spouse; and
4 (ii) relating to domestic or family violence, a sexual offense,
5 or stalking.
6 (7) Evidence that the minor has demonstrated maturity and
7 capacity for self-sufficiency and self-support independent of the
8 minor's parents or legal guardians or the intended spouse,
9 including proof that the minor:
10 (A) has graduated from high school;
11 (B) has obtained a high school equivalency diploma;
12 (C) has a plan for continued education;
13 (D) has completed a vocational training or certificate program;
14 (E) has attained a professional licensure or certification; or
15 (F) has maintained stable housing or employment for at least
16 three (3) consecutive months prior to filing the petition.
17 (b) A court with which a petition under subsection (a) is filed shall:
18 (1) set a date for an evidentiary hearing on the petition;
19 (2) provide reasonable notice of the hearing to the minor and the
20 minor's parents or legal guardians; and
21 (3) appoint an attorney to serve as guardian ad litem for the
22 minor.
23 (c) At the evidentiary hearing, the court shall conduct an in camera
24 interview with the minor separate from the minor's parents or legal
25 guardians and intended spouse.
26 (d) Following the evidentiary hearing, and subject to subsection (e),
27 the court may grant the petition if the court finds all of the following:
28 (1) The minor is a county resident who is at least sixteen (16)
29 years of age.
30 (2) The intended spouse is not more than four (4) years older than
31 the minor.
32 (3) The minor's decision to marry is voluntary, and free from
33 force, fraud, or coercion.
34 (4) The minor is mature enough to make a decision to marry.
35 (5) The minor has established the minor's capacity to be
36 self-sufficient and self-supporting independent of the minor's
37 parents, legal guardians, and intended spouse.
38 (6) The minor understands the rights and responsibilities of
39 parties to marriage and of completely emancipated minors.
40 (7) It is in the best interests of the minor for the court to grant the
41 petition to marry and to completely emancipate the minor. In
42 making the determination under this subdivision, the court shall
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1 consider how marriage and emancipation may affect the minor's
2 health, safety, education, and welfare.
3 A court that grants a petition under this section shall issue written
4 findings regarding the court's conclusions under subdivisions (1)
5 through (7).
6 (e) The following, considered independently or together, are not
7 sufficient to determine the best interests of a minor for purposes of this
8 section:
9 (1) The fact that the minor or the intended spouse is pregnant or
10 has had a child.
11 (2) The wishes of the parents or legal guardians of the minor.
12 However, there is a rebuttable presumption that marriage and
13 emancipation are not in the best interests of the minor if both parents
14 of the minor oppose the minor's marriage and emancipation.
15 (f) The juvenile court shall deny a petition under this section if the
16 court finds any of the following:
17 (1) The intended spouse:
18 (A) is or was in a position of authority or special trust in
19 relation to the minor; or
20 (B) has or had a professional relationship with the minor, as
21 defined in IC 35-42-4-7.
22 (2) The intended spouse has been convicted of, or entered into a
23 diversion program for, an offense under IC 35-42:
24 (A) that involves an act of violence;
25 (B) of which a child was the victim; or
26 (C) that is an offense under:
27 (i) IC 35-42-3.5; or
28 (ii) IC 35-42-4.
29 (3) Either the minor or the intended spouse is pregnant or is the
30 mother of a child, and the court finds by a preponderance of
31 evidence that:
32 (A) the other party to the marriage is the father of the child or
33 unborn child; and
34 (B) the conception of the child or unborn child resulted from
35 the commission of an offense under:
36 (i) IC 35-42-4-3 (child molesting);
37 (ii) IC 35-42-4-6 (child solicitation);
38 (iii) IC 35-42-4-7 (child seduction); or
39 (iv) IC 35-42-4-9 (sexual misconduct with a minor).
40 (4) The intended spouse has previously been enjoined by a
41 protective order relating to domestic or family violence, a sexual
42 offense, or stalking, regardless of whether the person protected by
2024 IN 1291—LS 6832/DI 149 61
1 the order was the minor.
2 (g) If a court grants a petition under this section, the court shall also
3 issue an order of complete emancipation of the minor and provide a
4 certified copy of the order to the minor.
5 (h) A minor emancipated under this section is considered to have all
6 the rights and responsibilities of an adult, except as provided under
7 specific constitutional or statutory age requirements that apply to the
8 minor because of the minor's age, including requirements related to
9 voting, use of alcoholic beverages or tobacco products, and other health
10 and safety regulations.
11 (i) A court hearing a petition under this section may issue any other
12 order the court considers appropriate for the minor's protection.
13 (j) A court that grants a petition under this section may require that
14 both parties to the marriage complete premarital counseling with a
15 marriage and family therapist licensed under IC 25-22.5, IC 25-23.6-8,
16 or IC 25-33.
17 (k) A court that grants a petition under this section may impose any
18 other condition on the grant of the petition that the court determines is
19 reasonable under the circumstances.
20 SECTION 48. IC 31-33-18-1.5, AS AMENDED BY P.L.77-2023,
21 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 1.5. (a) This section applies to records held by:
23 (1) a local office;
24 (2) the department; or
25 (3) the department of child services ombudsman established by
26 IC 4-13-19-3;
27 regarding a child whose death or near fatality may have been the result
28 of abuse, abandonment, or neglect.
29 (b) For purposes of subsection (a), a child's death or near fatality
30 may have been the result of abuse, abandonment, or neglect if:
31 (1) an entity described in subsection (a) determines that the child's
32 death or near fatality is the result of abuse, abandonment, or
33 neglect; or
34 (2) a prosecuting attorney files:
35 (A) an indictment or information; or
36 (B) a complaint alleging the commission of a delinquent act;
37 that, if proven, would cause a reasonable person to believe that
38 the child's death or near fatality may have been the result of
39 abuse, abandonment, or neglect.
40 Upon the request of any person, or upon its own motion, the court
41 exercising juvenile jurisdiction in the county in which the child's death
42 or near fatality occurred shall determine whether the allegations
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1 contained in the indictment, information, or complaint described in
2 subdivision (2), if proven, would cause a reasonable person to believe
3 that the child's death or near fatality may have been the result of abuse,
4 abandonment, or neglect.
5 (c) If the juvenile court finds that the child's death or near fatality
6 was the result of abuse, abandonment, or neglect, the court shall make
7 written findings and provide a copy of the findings and the indictment,
8 information, or complaint described under subsection (b)(2) to the
9 department.
10 (d) As used in this section:
11 (1) "case" means:
12 (A) any intake report or other documentation such as a referral
13 or other matter received or generated by the department;
14 (B) any investigation or assessment conducted by the
15 department; or
16 (C) ongoing involvement between the department and a child
17 or family that is the result of:
18 (i) a program of informal adjustment; or
19 (ii) a child in need of services action;
20 for which related records and documents have not been expunged
21 as required by law or by a court at the time the department is
22 notified of a fatality or near fatality;
23 (2) "contact" means in person communication about a case in
24 which:
25 (A) the child who is the victim of a fatality or near fatality is
26 alleged to be a victim; or
27 (B) the perpetrator of the fatality or near fatality is alleged to
28 be the perpetrator;
29 (3) "identifying information" means information that identifies an
30 individual, including an individual's:
31 (A) name, address, date of birth, occupation, place of
32 employment, and telephone number;
33 (B) employer identification number, mother's maiden name,
34 Social Security number, or any identification number issued by
35 a governmental entity;
36 (C) unique biometric data, including the individual's
37 fingerprint, voice print, or retina or iris image;
38 (D) unique electronic identification number, address, or
39 routing code;
40 (E) telecommunication identifying information; or
41 (F) telecommunication access device, including a card, a plate,
42 a code, an account number, a personal identification number,
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1 an electronic serial number, a mobile identification number, or
2 another telecommunications service or device or means of
3 account access;
4 (4) "life threatening" means an injury or condition that is
5 categorized as "serious" or "critical" in patient hospital records;
6 and
7 (5) "near fatality" means a severe childhood injury or condition
8 that is certified by a physician as being life threatening.
9 (e) Unless:
10 (1) a police investigation or criminal prosecution is ongoing; or
11 (2) information in a record is otherwise confidential under state
12 or federal law;
13 a record described in subsection (a) that has been redacted in
14 accordance with this section is not confidential and may be disclosed
15 to any person who requests the record. The person requesting the
16 record may be required to pay the reasonable expenses of copying the
17 record.
18 (f) When a person requests a record described in subsection (a), the
19 entity having control of the record shall immediately transmit a copy of
20 the record to the court exercising juvenile jurisdiction in the county in
21 which the death or near fatality of the child occurred. However, if the
22 court requests that the entity having control of a record transmit the
23 original record, the entity shall transmit the original record.
24 (g) Upon receipt of the record described in subsection (a), the court
25 shall, within thirty (30) days, redact the record to exclude:
26 (1) identifying information described in subsection (d)(3)(B)
27 through (d)(3)(F) of a person; and
28 (2) all identifying information of a child less than eighteen (18)
29 years of age.
30 (h) The court shall disclose the record redacted in accordance with
31 subsection (g) to any person who requests the record, if the person has
32 paid:
33 (1) to the entity having control of the record, the reasonable
34 expenses of copying under IC 5-14-3-8; and
35 (2) to the court, the reasonable expenses of copying the record.
36 (i) The data and information in a record disclosed under this section
37 must include the following:
38 (1) A summary of the report of abuse or neglect and a factual
39 description of the contents of the report.
40 (2) The age and gender biological sex of the child.
41 (3) The cause of the fatality or near fatality, if the cause has been
42 determined.
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1 (4) Whether the department had any contact with the child or the
2 perpetrator before the fatality or near fatality, and, if the
3 department had contact, the following:
4 (A) The frequency of the contact with the child or the
5 perpetrator before the fatality or near fatality and the date on
6 which the last contact occurred before the fatality or near
7 fatality.
8 (B) A summary of the status of the child's case at the time of
9 the fatality or near fatality, including:
10 (i) whether the child's case was closed by the department
11 before the fatality or near fatality; and
12 (ii) if the child's case was closed as described under item (i),
13 the date of closure and the reasons that the case was closed.
14 (j) The court's determination under subsection (g) that certain
15 identifying information or other information is not relevant to
16 establishing the facts and circumstances leading to the death or near
17 fatality of a child is not admissible in a criminal proceeding or civil
18 action.
19 SECTION 49. IC 31-34-21-7.3, AS AMENDED BY P.L.128-2012,
20 SECTION 168, IS AMENDED TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2024]: Sec. 7.3. (a) This section applies after:
22 (1) a court authorizes the filing of a petition to terminate the
23 parent-child relationship; or
24 (2) a petition to terminate the parent-child relationship is filed;
25 in relation to a child in need of services.
26 (b) The department shall post the following nonidentifying
27 information on the Internet to facilitate a potential adoptive placement
28 of the child:
29 (1) The child's age, gender, biological sex, and summary of the
30 child's educational, social, and medical background, including
31 known disabilities.
32 (2) The reason the child was removed from the child's home.
33 (3) Whether a person has expressed an interest in adopting the
34 child.
35 (4) The name, address, and telephone number of a contact person
36 from:
37 (A) the department;
38 (B) the appropriate local office; or
39 (C) licensed child placing agency;
40 where a person who may be interested in adopting the child may
41 obtain further information about adopting the child.
42 (5) Whether a petition to terminate the rights of the child's parents
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1 has been authorized or filed, and whether the rights of the child's
2 parents have been terminated.
3 (6) An address and telephone number of:
4 (A) the department;
5 (B) the appropriate local office; or
6 (C) licensed child placing agency;
7 where a person who may be interested in adopting the child may
8 obtain further information about adopting the child.
9 (c) The information posted under subsection (b) may not identify the
10 name of any of the following persons:
11 (1) The child.
12 (2) The child's biological or adoptive parents.
13 (3) A sibling of the child.
14 (4) A caretaker of the child.
15 (d) The department shall update any relevant information under this
16 section after either of the following:
17 (1) Each of the child's periodic reviews that occur after the
18 information under this section is required to be posted.
19 (2) The rights of the child's parents have been terminated.
20 (e) The department shall remove the information required under
21 subsection (b) from the Internet whenever the child is reunited with the
22 child's family or an adoption of the child is filed under IC 31-19-2.
23 (f) Upon request, the department shall inform the person making the
24 request of the address of the Internet web site containing the
25 information described in this section.
26 SECTION 50. IC 31-35-1.5-5, AS ADDED BY P.L.45-2023,
27 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2024]: Sec. 5. Notice of a petition to terminate the
29 parent-child relationship under section 4 of this chapter must be given
30 to:
31 (1) each known living parent of a child born in wedlock, including
32 a man who is presumed to be the child's biological father under
33 IC 31-14-7-1, in accordance with IC 31-19-2.5-6; and
34 (2) an unnamed or unknown putative parent;
35 in substantially the following form:
36 "NOTICE TO UNNAMED PARENT
37 The unnamed putative parent of a ______ (gender) (biological sex)
38 infant that was voluntarily surrendered on ______ (date) in
39 __________ (county) and born on approximately _____ (birth date
40 range), or the person who claims to be a parent of the infant, is notified
41 that a petition to terminate the parent-child relationship was filed in the
42 office of the clerk of _____ court, _____ (address of court).
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1 If the unnamed putative parent seeks to contest the petition to
2 terminate the parent-child relationship of the infant, the unnamed
3 putative parent must file a motion to contest the petition in accordance
4 with IC 31-35-1.5-8 in the above named court within twenty-eight (28)
5 days after the date of service of this notice. This notice may be served
6 by publication.
7 If the unnamed putative parent does not file a motion to contest the
8 adoption within twenty-eight (28) days after service of this notice, the
9 above named court shall hear and determine the petition to terminate
10 the parent-child relationship. The unnamed putative parent's consent is
11 irrevocably implied and the unnamed putative parent loses the right to
12 contest the petition to terminate the parent-child relationship or the
13 validity of the unnamed putative parent's implied consent to the
14 termination of the parent-child relationship. The unnamed putative
15 parent loses the right to establish a biological relationship with the
16 child in Indiana or any other jurisdiction.
17 Nothing anyone else says to the unnamed putative parent of the
18 infant relieves the unnamed putative parent of his or her obligations
19 under this notice.
20 Under Indiana law, a putative parent is a person who claims that he
21 or she may be the father or mother of an infant who has been
22 voluntarily surrendered but who has not yet been legally proven to be
23 the child's father or mother.
24 This notice complies with IC 31-35-1.5-5 but does not exhaustively
25 set forth the unnamed putative parent's legal obligations under the
26 Indiana adoption statutes. A person being served with this notice
27 should consult the Indiana adoption statutes.".
28 SECTION 51. IC 31-37-8.5-6, AS ADDED BY P.L.101-2022,
29 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 6. (a) A local probation department shall collect
31 individual data on any child diverted through juvenile diversion
32 described in this chapter, including:
33 (1) demographic data on age, race, ethnicity, and gender;
34 biological sex;
35 (2) risk screening information;
36 (3) offense;
37 (4) service participation; and
38 (5) outcome and completion data;
39 and report the information to the office of judicial administration on an
40 annual basis.
41 (b) The office of judicial administration shall provide an annual
42 report that includes the information described in subsection (a). The
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1 report shall be provided to the governor, the chief justice, and the
2 legislative council before December 1 of each year. The report
3 provided to the legislative council must be in an electronic format
4 under IC 5-14-6.
5 SECTION 52. IC 31-40-5-4, AS AMENDED BY P.L.201-2023,
6 SECTION 242, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The Indiana criminal justice
8 institute (as described in IC 5-2-6) may use available funds to
9 strengthen the agency's grant management capacity to:
10 (1) serve as an efficient pass through to counties;
11 (2) provide quality assurance and technical assistance to counties;
12 and
13 (3) support and coordinate data collection.
14 (b) The Indiana criminal justice institute shall prepare an annual
15 report that details the performance measures collected and reported
16 under IC 2-5-36-9.3(b)(4), including an analysis of the performance
17 measures by race, ethnicity, gender, biological sex, and other
18 demographic factors. The report shall be provided to the governor, the
19 chief justice, the legislative council, the oversight committee, and the
20 Indiana criminal justice institute before December 1 of each year. The
21 report provided to the legislative council must be in an electronic
22 format under IC 5-14-6.
23 SECTION 53. IC 33-33-45-35, AS AMENDED BY P.L.204-2021,
24 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 35. In selecting the five (5) nominees to be
26 submitted to the governor, the commission shall comply with the
27 following requirements:
28 (1) The commission shall submit only the names of the five (5)
29 most highly qualified candidates from among all those eligible
30 individuals considered. To be eligible for nomination as a judge
31 of the superior court of Lake County, a person must be domiciled
32 in the county of Lake, a citizen of the United States, and admitted
33 to the practice of law in Indiana.
34 (2) In abiding by the mandate in subdivision (1), the commission
35 shall evaluate in writing each eligible individual on the following
36 factors:
37 (A) Law school record, including any academic honors and
38 achievements.
39 (B) Contribution to scholarly journals and publications,
40 legislative drafting, and legal briefs.
41 (C) Activities in public service, including:
42 (i) writings and speeches concerning public or civic affairs
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1 that are on public record, including but not limited to
2 campaign speeches or writings, letters to newspapers, and
3 testimony before public agencies;
4 (ii) government service;
5 (iii) efforts and achievements in improving the
6 administration of justice; and
7 (iv) other conduct relating to the individual's profession.
8 (D) Legal experience, including the number of years of
9 practicing law, the kind of practice involved, and reputation as
10 a trial lawyer or judge.
11 (E) Probable judicial temperament.
12 (F) Physical condition, including age, stamina, and possible
13 habitual intemperance.
14 (G) Personality traits, including the exercise of sound
15 judgment, ability to compromise and conciliate, patience,
16 decisiveness, and dedication.
17 (H) Membership on boards of directors, financial interests, and
18 any other consideration that might create conflict of interest
19 with a judicial office.
20 (I) Any other pertinent information that the commission feels
21 is important in selecting the best qualified individuals for
22 judicial office.
23 (3) These written evaluations shall not be made on an individual
24 until the individual states in writing that the individual desires to
25 hold a judicial office that is or will be created by vacancy.
26 (4) The political affiliations of any candidate may not be
27 considered by the commission in evaluating and determining
28 which eligible candidates shall be recommended to the governor
29 for a vacancy on the superior court of Lake County.
30 (5) In determining which eligible candidates are recommended to
31 the governor, the commission shall consider that racial and gender
32 diversity and diversity of biological sex enhances the quality of
33 the judiciary.
34 SECTION 54. IC 33-41-1-2 IS AMENDED TO READ AS
35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A person may not
36 be considered ineligible to serve as official reporter because of the
37 person's gender. biological sex.
38 (b) A judge may not appoint the judge's son or daughter as an
39 official reporter.
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