Indiana 2024 Regular Session

Indiana House Bill HB1312 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1312
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-2-22-1; IC 20-26-5-11.2; IC 31-9-2-84.8;
7	7	IC 31-34-12-9; IC 35-46-1-4.
8	8	Synopsis: Minimum age to leave child unattended. Provides that a
9	9	person having the care of a dependent child who is less than 10 years
10	10	of age, whether assumed voluntarily or because of a legal obligation,
11	11	who knowingly or intentionally leaves the child unattended for an
12	12	unreasonable amount of time commits neglect of a dependent, a Class
13	13	A misdemeanor. Makes conforming changes.
14	14	Effective: July 1, 2024.
15	15	Moed
16	16	January 10, 2024, read first time and referred to Committee on Courts and Criminal Code.
17	17	2024 IN 1312—LS 6878/DI 148 Introduced
18	18	Second Regular Session of the 123rd General Assembly (2024)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2023 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1312
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	criminal law and procedure.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 5-2-22-1, AS AMENDED BY P.L.161-2018,
33	33	2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JULY 1, 2024]: Sec. 1. The following definitions apply throughout this
35	35	4 chapter:
36	36	5 (1) "Crime of child abuse" means:
37	37	6 (A) neglect of a dependent (IC 35-46-1-4) if the dependent is
38	38	7 a child and the offense is committed under:
39	39	8 (i) IC 35-46-1-4(a)(1); IC 35-46-1-4(b)(1);
40	40	9 (ii) IC 35-46-1-4(a)(2); IC 35-46-1-4(b)(2); or
41	41	10 (iii) IC 35-46-1-4(a)(3); IC 35-46-1-4(b)(3);
42	42	11 (B) child selling (IC 35-46-1-4(d); (IC 35-46-1-4(e));
43	43	12 (C) a sex offense (as defined in IC 11-8-8-5.2) committed
44	44	13 against a child; or
45	45	14 (D) battery against a child under:
46	46	15 (i) IC 35-42-2-1(e)(3) (battery on a child);
47	47	16 (ii) IC 35-42-2-1(g)(5)(B) (battery causing bodily injury to
48	48	17 a child);
49	49	2024 IN 1312—LS 6878/DI 148 2
50	50	1 (iii) IC 35-42-2-1(j) (battery causing serious bodily injury to
51	51	2 a child); or
52	52	3 (iv) IC 35-42-2-1(k) (battery resulting in the death of a
53	53	4 child).
54	54	5 (2) "Office" refers to the office of judicial administration created
55	55	6 under IC 33-24-6-1.
56	56	7 (3) "Registry" means the child abuse registry established under
57	57	8 section 2 of this chapter.
58	58	9 SECTION 2. IC 20-26-5-11.2, AS ADDED BY P.L.110-2023,
59	59	10 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
60	60	11 JULY 1, 2024]: Sec. 11.2. (a) This section applies to:
61	61	12 (1) a school corporation;
62	62	13 (2) a charter school;
63	63	14 (3) a state accredited nonpublic school; and
64	64	15 (4) an entity with which the school corporation, charter school, or
65	65	16 state accredited nonpublic school contracts for services;
66	66	17 concerning employees of the school corporation, charter school, state
67	67	18 accredited nonpublic school, or entity who are likely to have direct,
68	68	19 ongoing contact with children within the scope of the employees'
69	69	20 employment.
70	70	21 (b) Subject to section 10(k) of this chapter and subsection (f), a
71	71	22 school corporation, charter school, state accredited nonpublic school,
72	72	23 or entity may not employ or contract with, and shall terminate the
73	73	24 employment of or contract with, an individual convicted of any of the
74	74	25 following offenses:
75	75	26 (1) Murder (IC 35-42-1-1).
76	76	27 (2) Causing suicide (IC 35-42-1-2).
77	77	28 (3) Assisting suicide (IC 35-42-1-2.5).
78	78	29 (4) Voluntary manslaughter (IC 35-42-1-3).
79	79	30 (5) Aggravated battery (IC 35-42-2-1.5).
80	80	31 (6) Kidnapping (IC 35-42-3-2).
81	81	32 (7) A sex offense (as defined in IC 11-8-8-5.2).
82	82	33 (8) Carjacking (IC 35-42-5-2) (repealed).
83	83	34 (9) Arson (IC 35-43-1-1).
84	84	35 (10) Public indecency (IC 35-45-4-1(a)(3), IC 35-45-4-1(a)(4),
85	85	36 and IC 35-45-4-1(b)) committed:
86	86	37 (A) after June 30, 2003; or
87	87	38 (B) before July 1, 2003, if the person committed the offense
88	88	39 by, in a public place, engaging in sexual intercourse or other
89	89	40 sexual conduct (as defined in IC 35-31.5-2-221.5).
90	90	41 (11) Neglect of a dependent as a Class B felony (for a crime
91	91	42 committed before July 1, 2014) or a Level 1 felony or Level 3
92	92	2024 IN 1312—LS 6878/DI 148 3
93	93	1 felony (for a crime committed after June 30, 2014) (IC
94	94	2 35-46-1-4(b)(2) (IC 35-46-1-4(c)(2) and IC 35-46-1-4(b)(3)).
95	95	3 IC 35-46-1-4(c)(3)).
96	96	4 (12) Child selling (IC 35-46-1-4(d)). (IC 35-46-1-4(e)).
97	97	5 (13) An offense relating to material or a performance that is
98	98	6 harmful to minors or obscene under IC 35-49-3.
99	99	7 If an entity described in subsection (a)(4) obtains information that an
100	100	8 individual employed by the entity who works at a particular school
101	101	9 corporation, charter school, or state accredited nonpublic school has
102	102	10 been convicted of an offense described in this subsection, the entity
103	103	11 shall immediately notify the school corporation, charter school, or state
104	104	12 accredited nonpublic school of the employee's conviction.
105	105	13 (c) After June 30, 2023, a school corporation, charter school, state
106	106	14 accredited nonpublic school, or entity may employ or contract with an
107	107	15 individual convicted of any of the following offenses if a majority of
108	108	16 the members elected or appointed to the governing body of the school
109	109	17 corporation, or the equivalent body for a charter school, approves the
110	110	18 employment or contract as a separate, special agenda item, or if the
111	111	19 school administrator of a state accredited nonpublic school informs the
112	112	20 administrator's appointing authority of the hiring:
113	113	21 (1) An offense relating to operating a motor vehicle while
114	114	22 intoxicated under IC 9-30-5.
115	115	23 (2) Reckless homicide (IC 35-42-1-5).
116	116	24 (3) Battery (IC 35-42-2-1).
117	117	25 (4) Domestic battery (IC 35-42-2-1.3).
118	118	26 (5) Criminal confinement (IC 35-42-3-3).
119	119	27 (6) Public indecency (IC 35-45-4-1(a)(1) or IC 35-45-4-1(a)(2))
120	120	28 committed:
121	121	29 (A) after June 30, 2003; or
122	122	30 (B) before July 1, 2003, if the person committed the offense
123	123	31 by, in a public place, engaging in sexual intercourse or other
124	124	32 sexual conduct (as defined in IC 35-31.5-2-221.5).
125	125	33 (7) Contributing to the delinquency of a minor (IC 35-46-1-8).
126	126	34 (8) An offense involving a weapon under IC 35-47 or IC 35-47.5.
127	127	35 (9) An offense relating to controlled substances under IC 35-48-4,
128	128	36 other than an offense involving marijuana or paraphernalia used
129	129	37 to consume marijuana.
130	130	38 (d) An individual employed by a school corporation, charter school,
131	131	39 state accredited nonpublic school, or entity described in subsection (a)
132	132	40 shall notify the governing body of the school, if during the course of the
133	133	41 individual's employment, the individual:
134	134	42 (1) is convicted in Indiana or another jurisdiction of an offense
135	135	2024 IN 1312—LS 6878/DI 148 4
136	136	1 described in subsection (b) or subsection (c); or
137	137	2 (2) is the subject of a substantiated report of child abuse or
138	138	3 neglect.
139	139	4 (e) A school corporation, charter school, state accredited nonpublic
140	140	5 school, or entity may use information obtained under section 10 of this
141	141	6 chapter concerning an individual being the subject of a substantiated
142	142	7 report of child abuse or neglect as grounds to not employ or contract
143	143	8 with the individual.
144	144	9 (f) A school corporation, charter school, state accredited nonpublic
145	145	10 school, or entity is not required to consider whether information
146	146	11 concerning an individual's conviction:
147	147	12 (1) requires the school or entity to:
148	148	13 (A) not employ; or
149	149	14 (B) not contract with; or
150	150	15 (2) constitutes grounds to terminate the employment of or contract
151	151	16 with;
152	152	17 an individual under subsection (b) if the individual's conviction is
153	153	18 reversed, vacated, or set aside.
154	154	19 (g) Nothing in this section prohibits a school corporation, charter
155	155	20 school, state accredited nonpublic school, or entity from establishing
156	156	21 procedures to verify the accuracy of the information obtained under
157	157	22 section 10 of this chapter concerning an individual's conviction.
158	158	23 (h) A school corporation, charter school, or state accredited
159	159	24 nonpublic school may not hire or contract with an individual:
160	160	25 (1) who is required to wear an ankle monitor as the result of a
161	161	26 criminal conviction;
162	162	27 (2) who entered into an agreement to settle an allegation of
163	163	28 misconduct relating to the health, safety, or well-being of a
164	164	29 student at a school corporation, charter school, or state accredited
165	165	30 nonpublic school, if the agreement included a nondisclosure
166	166	31 agreement covering the alleged misconduct; or
167	167	32 (3) who, in an academic environment, engaged in a course of
168	168	33 conduct involving repeated or continuing contact with a child that
169	169	34 is intended to prepare or condition the child for sexual activity (as
170	170	35 defined in IC 35-42-4-13);
171	171	36 unless a majority of the members elected or appointed to the governing
172	172	37 body of the school corporation, or the equivalent body for a charter
173	173	38 school, approves the hire or contract as a separate, special agenda item,
174	174	39 or unless the school administrator of a state accredited nonpublic
175	175	40 school informs the administrator's appointing authority of the hiring.
176	176	41 (i) For purposes of subsection (h), "misconduct relating to the
177	177	42 health, safety, or well-being of a student" includes:
178	178	2024 IN 1312—LS 6878/DI 148 5
179	179	1 (1) engaging in a pattern of flirtatious or otherwise inappropriate
180	180	2 comments;
181	181	3 (2) making any effort to gain unreasonable access to, and time
182	182	4 alone with, any student with no discernable educational purpose;
183	183	5 (3) engaging in any behavior that can reasonably be construed as
184	184	6 involving an inappropriate and overly personal and intimate
185	185	7 relationship with, conduct toward, or focus on a student;
186	186	8 (4) telling explicit sexual jokes and stories;
187	187	9 (5) making sexually related comments;
188	188	10 (6) engaging in sexual kidding or teasing;
189	189	11 (7) engaging in sexual innuendos or making comments with
190	190	12 double entendre;
191	191	13 (8) inappropriate physical touching;
192	192	14 (9) using spoken, written, or any electronic communication to
193	193	15 importune, invite, participate with, or entice a person to expose or
194	194	16 touch the person's own or another person's intimate body parts or
195	195	17 to observe the student's intimate body parts via any form of
196	196	18 computer network or system, any social media platform,
197	197	19 telephone network, or data network or by text message or instant
198	198	20 messaging;
199	199	21 (10) sexual advances or requests for sexual favors;
200	200	22 (11) physical or romantic relationship including but not limited to
201	201	23 sexual intercourse or oral sexual intercourse;
202	202	24 (12) discussion of one's personal romantic or sexual feelings or
203	203	25 activities;
204	204	26 (13) discussion, outside of a professional teaching or counseling
205	205	27 context endorsed or required by an employing school district, of
206	206	28 a student's romantic or sexual feelings or activities;
207	207	29 (14) displaying, sharing, or transmitting pornographic or sexually
208	208	30 explicit materials;
209	209	31 (15) any physical contact that the student previously has indicated
210	210	32 is unwelcome, unless such contact is professionally required, such
211	211	33 as to teach a sport or other skill, or to protect the safety of the
212	212	34 student or others;
213	213	35 (16) other than for purposes of addressing student dress code
214	214	36 violations or concerns, referencing the physical appearance or
215	215	37 clothes of a student in a way that could be interpreted as sexual;
216	216	38 and
217	217	39 (17) self-disclosure or physical exposure of a sexual, romantic, or
218	218	40 erotic nature.
219	219	41 SECTION 3. IC 31-9-2-84.8, AS AMENDED BY P.L.142-2020,
220	220	42 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
221	221	2024 IN 1312—LS 6878/DI 148 6
222	222	1 JULY 1, 2024]: Sec. 84.8. "Nonwaivable offense", for purposes of this
223	223	2 title, means a conviction of any of the following felonies:
224	224	3 (1) Murder (IC 35-42-1-1).
225	225	4 (2) Causing suicide (IC 35-42-1-2).
226	226	5 (3) Assisting suicide (IC 35-42-1-2.5).
227	227	6 (4) Voluntary manslaughter (IC 35-42-1-3).
228	228	7 (5) Involuntary manslaughter (IC 35-42-1-4).
229	229	8 (6) Reckless homicide (IC 35-42-1-5).
230	230	9 (7) Feticide (IC 35-42-1-6).
231	231	10 (8) Battery (IC 35-42-2-1) within the past five (5) years.
232	232	11 (9) Domestic battery (IC 35-42-2-1.3).
233	233	12 (10) Aggravated battery (IC 35-42-2-1.5).
234	234	13 (11) Criminal recklessness (IC 35-42-2-2) within the past five (5)
235	235	14 years.
236	236	15 (12) Strangulation (IC 35-42-2-9).
237	237	16 (13) Kidnapping (IC 35-42-3-2).
238	238	17 (14) Criminal confinement (IC 35-42-3-3) within the past five (5)
239	239	18 years.
240	240	19 (15) Human and sexual trafficking (IC 35-42-3.5).
241	241	20 (16) A felony sex offense under IC 35-42-4.
242	242	21 (17) Arson (IC 35-43-1-1) within the past five (5) years.
243	243	22 (18) Incest (IC 35-46-1-3).
244	244	23 (19) Neglect of a dependent (IC 35-46-1-4(a) (IC 35-46-1-4(b)
245	245	24 and IC 35-46-1-4(b)). IC 35-46-1-4(c)).
246	246	25 (20) Child selling (IC 35-46-1-4(d)). (IC 35-46-1-4(e)).
247	247	26 (21) Reckless supervision (IC 35-46-1-4.1).
248	248	27 (22) Nonsupport of a dependent child (IC 35-46-1-5) within the
249	249	28 past five (5) years.
250	250	29 (23) Operating a motorboat while intoxicated (IC 35-46-9-6)
251	251	30 within the past five (5) years.
252	252	31 (24) A felony involving a weapon under IC 35-47 within the past
253	253	32 five (5) years.
254	254	33 (25) A felony relating to controlled substances under IC 35-48-4
255	255	34 within the past five (5) years.
256	256	35 (26) An offense relating to material or a performance that is
257	257	36 harmful to minors or obscene under IC 35-49-3.
258	258	37 (27) A felony under IC 9-30-5 within the past five (5) years.
259	259	38 (28) A felony related to the health or safety of a child (as defined
260	260	39 in IC 31-9-2-13(h)) or an endangered adult (as defined in
261	261	40 IC 12-10-3-2).
262	262	41 SECTION 4. IC 31-34-12-9, AS ADDED BY P.L.244-2023,
263	263	42 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
264	264	2024 IN 1312—LS 6878/DI 148 7
265	265	1 JULY 1, 2024]: Sec. 9. If:
266	266	2 (1) a child is the subject of a petition alleging that the child is a
267	267	3 child in need of services; and
268	268	4 (2) a parent of the child has been convicted of committing:
269	269	5 (A) aggravated battery (IC 35-42-2-1.5);
270	270	6 (B) strangulation (IC 35-42-2-9); or
271	271	7 (C) neglect of a dependent under IC 35-46-1-4(b)(2)
272	272	8 IC 35-46-1-4(c)(2) or IC 35-46-1-4(b)(3); IC 35-46-1-4(c)(3);
273	273	9 against the child;
274	274	10 there is a rebuttable presumption that it is in the child's best interests
275	275	11 to prohibit the parent from having in person contact with the child until
276	276	12 a dispositional decree is entered or the petition is dismissed.
277	277	13 SECTION 5. IC 35-46-1-4, AS AMENDED BY P.L.170-2021,
278	278	14 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
279	279	15 JULY 1, 2024]: Sec. 4. (a) A person having the care of a dependent
280	280	16 child who is less than ten (10) years of age, whether assumed
281	281	17 voluntarily or because of a legal obligation, who knowingly or
282	282	18 intentionally leaves the child unattended for an unreasonable
283	283	19 amount of time commits neglect of a dependent, a Class A
284	284	20 misdemeanor.
285	285	21 (a) (b) A person having the care of a dependent, whether assumed
286	286	22 voluntarily or because of a legal obligation, who knowingly or
287	287	23 intentionally:
288	288	24 (1) places the dependent in a situation that endangers the
289	289	25 dependent's life or health;
290	290	26 (2) abandons or cruelly confines the dependent;
291	291	27 (3) deprives the dependent of necessary support; or
292	292	28 (4) deprives the dependent of education as required by law;
293	293	29 commits neglect of a dependent, a Level 6 felony.
294	294	30 (b) (c) However, the offense is:
295	295	31 (1) a Level 5 felony if it is committed under subsection (a)(1),
296	296	32 (a)(2), or (a)(3) (b)(1), (b)(2), or (b)(3) and:
297	297	33 (A) results in bodily injury; or
298	298	34 (B) is:
299	299	35 (i) committed in a location where a person is violating
300	300	36 IC 35-48-4-1 (dealing in cocaine or a narcotic drug),
301	301	37 IC 35-48-4-1.1 (dealing in methamphetamine), or
302	302	38 IC 35-48-4-1.2 (manufacturing methamphetamine); or
303	303	39 (ii) the result of a violation of IC 35-48-4-1 (dealing in
304	304	40 cocaine or a narcotic drug), IC 35-48-4-1.1 (dealing in
305	305	41 methamphetamine), or IC 35-48-4-1.2 (manufacturing
306	306	42 methamphetamine);
307	307	2024 IN 1312—LS 6878/DI 148 8
308	308	1 (2) a Level 3 felony if it is committed under subsection (a)(1),
309	309	2 (a)(2), or (a)(3) (b)(1), (b)(2), or (b)(3) and results in serious
310	310	3 bodily injury;
311	311	4 (3) a Level 1 felony if it is committed under subsection (a)(1),
312	312	5 (a)(2), or (a)(3) (b)(1), (b)(2), or (b)(3) by a person at least
313	313	6 eighteen (18) years of age and results in the death or catastrophic
314	314	7 injury of a dependent who is less than fourteen (14) years of age
315	315	8 or in the death or catastrophic injury of a dependent of any age
316	316	9 who has a mental or physical disability; and
317	317	10 (4) a Level 5 felony if it is committed under subsection (a)(2)
318	318	11 (b)(2) and consists of cruel confinement or abandonment that:
319	319	12 (A) deprives a dependent of necessary food, water, or sanitary
320	320	13 facilities;
321	321	14 (B) consists of confinement in an area not intended for human
322	322	15 habitation; or
323	323	16 (C) involves the unlawful use of handcuffs, a rope, a cord,
324	324	17 tape, or a similar device to physically restrain a dependent.
325	325	18 (c) (d) It is a defense to a prosecution based on an alleged act under
326	326	19 this section that:
327	327	20 (1) the accused person left a dependent child who was, at the time
328	328	21 the alleged act occurred, not more than thirty (30) days of age:
329	329	22 (A) in a newborn safety device described in
330	330	23 IC 31-34-2.5-1(a)(2), IC 31-34-2.5-1(a)(3),
331	331	24 IC 31-34-2.5-1(a)(4), or IC 31-34-2.5-1(a)(5); or
332	332	25 (B) with a person who is an emergency medical services
333	333	26 provider (as defined in IC 16-41-10-1) who took custody of the
334	334	27 child under IC 31-34-2.5;
335	335	28 when the prosecution is based solely on the alleged act of leaving
336	336	29 the child in the newborn safety device or with the emergency
337	337	30 medical services provider and the alleged act did not result in
338	338	31 bodily injury or serious bodily injury to the child; or
339	339	32 (2) the accused person, in the legitimate practice of the accused
340	340	33 person's religious belief, provided treatment by spiritual means
341	341	34 through prayer, in lieu of medical care, to the accused person's
342	342	35 dependent; or
343	343	36 (3) the child described in subsection (a) was being supervised
344	344	37 by an individual at least thirteen (13) years of age at the time
345	345	38 the alleged act occurred.
346	346	39 (d) (e) Except for property transferred or received:
347	347	40 (1) under a court order made in connection with a proceeding
348	348	41 under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or IC 31-1-11.5
349	349	42 or IC 31-6-5 before their repeal); or
350	350	2024 IN 1312—LS 6878/DI 148 9
351	351	1 (2) under section 9(d) of this chapter;
352	352	2 a person who transfers or receives any property in consideration for the
353	353	3 termination of the care, custody, or control of a person's dependent
354	354	4 child commits child selling, a Level 6 felony.
355	355	2024 IN 1312—LS 6878/DI 148