Introduced Version
HOUSE BILL No. 1325
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-22-1; IC 20-26-5-11.2; IC 31-9-2-84.8;
IC 35-31.5-2; IC 35-46-1-4; IC 35-47-2-14.5.
Synopsis: Firearm storage. Provides that a person having the care of
a dependent who recklessly, knowingly, or intentionally fails to secure
a loaded firearm in the person's residence or vehicle commits neglect
of a dependent, a Level 6 felony, if the dependent uses the firearm to
cause bodily injury or death to any person. Enhances the offense to a
Level 5 felony in particular instances. Specifies exceptions and
defenses. Specifies sign requirements for retail dealers. Defines terms
and makes conforming amendments.
Effective: July 1, 2024.
Gore, Bauer M, Garcia Wilburn
January 10, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024 IN 1325—LS 6958/DI 144 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. 1325
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-22-1, AS AMENDED BY P.L.161-2018,
2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 1. The following definitions apply throughout this
4 chapter:
5 (1) "Crime of child abuse" means:
6 (A) neglect of a dependent (IC 35-46-1-4) if the dependent is
7 a child and the offense is committed under:
8 (i) IC 35-46-1-4(a)(1);
9 (ii) IC 35-46-1-4(a)(2); or
10 (iii) IC 35-46-1-4(a)(3); or
11 (iv) IC 35-46-1-4(d);
12 (B) child selling (IC 35-46-1-4(d)); (IC 35-46-1-4(e));
13 (C) a sex offense (as defined in IC 11-8-8-5.2) committed
14 against a child; or
15 (D) battery against a child under:
16 (i) IC 35-42-2-1(e)(3) (battery on a child);
17 (ii) IC 35-42-2-1(g)(5)(B) (battery causing bodily injury to
2024 IN 1325—LS 6958/DI 144 2
1 a child);
2 (iii) IC 35-42-2-1(j) (battery causing serious bodily injury to
3 a child); or
4 (iv) IC 35-42-2-1(k) (battery resulting in the death of a
5 child).
6 (2) "Office" refers to the office of judicial administration created
7 under IC 33-24-6-1.
8 (3) "Registry" means the child abuse registry established under
9 section 2 of this chapter.
10 SECTION 2. IC 20-26-5-11.2, AS ADDED BY P.L.110-2023,
11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 11.2. (a) This section applies to:
13 (1) a school corporation;
14 (2) a charter school;
15 (3) a state accredited nonpublic school; and
16 (4) an entity with which the school corporation, charter school, or
17 state accredited nonpublic school contracts for services;
18 concerning employees of the school corporation, charter school, state
19 accredited nonpublic school, or entity who are likely to have direct,
20 ongoing contact with children within the scope of the employees'
21 employment.
22 (b) Subject to section 10(k) of this chapter and subsection (f), a
23 school corporation, charter school, state accredited nonpublic school,
24 or entity may not employ or contract with, and shall terminate the
25 employment of or contract with, an individual convicted of any of the
26 following offenses:
27 (1) Murder (IC 35-42-1-1).
28 (2) Causing suicide (IC 35-42-1-2).
29 (3) Assisting suicide (IC 35-42-1-2.5).
30 (4) Voluntary manslaughter (IC 35-42-1-3).
31 (5) Aggravated battery (IC 35-42-2-1.5).
32 (6) Kidnapping (IC 35-42-3-2).
33 (7) A sex offense (as defined in IC 11-8-8-5.2).
34 (8) Carjacking (IC 35-42-5-2) (repealed).
35 (9) Arson (IC 35-43-1-1).
36 (10) Public indecency (IC 35-45-4-1(a)(3), IC 35-45-4-1(a)(4),
37 and IC 35-45-4-1(b)) committed:
38 (A) after June 30, 2003; or
39 (B) before July 1, 2003, if the person committed the offense
40 by, in a public place, engaging in sexual intercourse or other
41 sexual conduct (as defined in IC 35-31.5-2-221.5).
42 (11) Neglect of a dependent as a Class B felony (for a crime
2024 IN 1325—LS 6958/DI 144 3
1 committed before July 1, 2014) or a Level 1 felony or Level 3
2 felony (for a crime committed after June 30, 2014) (IC
3 35-46-1-4(b)(2) and IC 35-46-1-4(b)(3)).
4 (12) Child selling (IC 35-46-1-4(d)). (IC 35-46-1-4(e)).
5 (13) An offense relating to material or a performance that is
6 harmful to minors or obscene under IC 35-49-3.
7 If an entity described in subsection (a)(4) obtains information that an
8 individual employed by the entity who works at a particular school
9 corporation, charter school, or state accredited nonpublic school has
10 been convicted of an offense described in this subsection, the entity
11 shall immediately notify the school corporation, charter school, or state
12 accredited nonpublic school of the employee's conviction.
13 (c) After June 30, 2023, a school corporation, charter school, state
14 accredited nonpublic school, or entity may employ or contract with an
15 individual convicted of any of the following offenses if a majority of
16 the members elected or appointed to the governing body of the school
17 corporation, or the equivalent body for a charter school, approves the
18 employment or contract as a separate, special agenda item, or if the
19 school administrator of a state accredited nonpublic school informs the
20 administrator's appointing authority of the hiring:
21 (1) An offense relating to operating a motor vehicle while
22 intoxicated under IC 9-30-5.
23 (2) Reckless homicide (IC 35-42-1-5).
24 (3) Battery (IC 35-42-2-1).
25 (4) Domestic battery (IC 35-42-2-1.3).
26 (5) Criminal confinement (IC 35-42-3-3).
27 (6) Public indecency (IC 35-45-4-1(a)(1) or IC 35-45-4-1(a)(2))
28 committed:
29 (A) after June 30, 2003; or
30 (B) before July 1, 2003, if the person committed the offense
31 by, in a public place, engaging in sexual intercourse or other
32 sexual conduct (as defined in IC 35-31.5-2-221.5).
33 (7) Contributing to the delinquency of a minor (IC 35-46-1-8).
34 (8) An offense involving a weapon under IC 35-47 or IC 35-47.5.
35 (9) An offense relating to controlled substances under IC 35-48-4,
36 other than an offense involving marijuana or paraphernalia used
37 to consume marijuana.
38 (d) An individual employed by a school corporation, charter school,
39 state accredited nonpublic school, or entity described in subsection (a)
40 shall notify the governing body of the school, if during the course of the
41 individual's employment, the individual:
42 (1) is convicted in Indiana or another jurisdiction of an offense
2024 IN 1325—LS 6958/DI 144 4
1 described in subsection (b) or subsection (c); or
2 (2) is the subject of a substantiated report of child abuse or
3 neglect.
4 (e) A school corporation, charter school, state accredited nonpublic
5 school, or entity may use information obtained under section 10 of this
6 chapter concerning an individual being the subject of a substantiated
7 report of child abuse or neglect as grounds to not employ or contract
8 with the individual.
9 (f) A school corporation, charter school, state accredited nonpublic
10 school, or entity is not required to consider whether information
11 concerning an individual's conviction:
12 (1) requires the school or entity to:
13 (A) not employ; or
14 (B) not contract with; or
15 (2) constitutes grounds to terminate the employment of or contract
16 with;
17 an individual under subsection (b) if the individual's conviction is
18 reversed, vacated, or set aside.
19 (g) Nothing in this section prohibits a school corporation, charter
20 school, state accredited nonpublic school, or entity from establishing
21 procedures to verify the accuracy of the information obtained under
22 section 10 of this chapter concerning an individual's conviction.
23 (h) A school corporation, charter school, or state accredited
24 nonpublic school may not hire or contract with an individual:
25 (1) who is required to wear an ankle monitor as the result of a
26 criminal conviction;
27 (2) who entered into an agreement to settle an allegation of
28 misconduct relating to the health, safety, or well-being of a
29 student at a school corporation, charter school, or state accredited
30 nonpublic school, if the agreement included a nondisclosure
31 agreement covering the alleged misconduct; or
32 (3) who, in an academic environment, engaged in a course of
33 conduct involving repeated or continuing contact with a child that
34 is intended to prepare or condition the child for sexual activity (as
35 defined in IC 35-42-4-13);
36 unless a majority of the members elected or appointed to the governing
37 body of the school corporation, or the equivalent body for a charter
38 school, approves the hire or contract as a separate, special agenda item,
39 or unless the school administrator of a state accredited nonpublic
40 school informs the administrator's appointing authority of the hiring.
41 (i) For purposes of subsection (h), "misconduct relating to the
42 health, safety, or well-being of a student" includes:
2024 IN 1325—LS 6958/DI 144 5
1 (1) engaging in a pattern of flirtatious or otherwise inappropriate
2 comments;
3 (2) making any effort to gain unreasonable access to, and time
4 alone with, any student with no discernable educational purpose;
5 (3) engaging in any behavior that can reasonably be construed as
6 involving an inappropriate and overly personal and intimate
7 relationship with, conduct toward, or focus on a student;
8 (4) telling explicit sexual jokes and stories;
9 (5) making sexually related comments;
10 (6) engaging in sexual kidding or teasing;
11 (7) engaging in sexual innuendos or making comments with
12 double entendre;
13 (8) inappropriate physical touching;
14 (9) using spoken, written, or any electronic communication to
15 importune, invite, participate with, or entice a person to expose or
16 touch the person's own or another person's intimate body parts or
17 to observe the student's intimate body parts via any form of
18 computer network or system, any social media platform,
19 telephone network, or data network or by text message or instant
20 messaging;
21 (10) sexual advances or requests for sexual favors;
22 (11) physical or romantic relationship including but not limited to
23 sexual intercourse or oral sexual intercourse;
24 (12) discussion of one's personal romantic or sexual feelings or
25 activities;
26 (13) discussion, outside of a professional teaching or counseling
27 context endorsed or required by an employing school district, of
28 a student's romantic or sexual feelings or activities;
29 (14) displaying, sharing, or transmitting pornographic or sexually
30 explicit materials;
31 (15) any physical contact that the student previously has indicated
32 is unwelcome, unless such contact is professionally required, such
33 as to teach a sport or other skill, or to protect the safety of the
34 student or others;
35 (16) other than for purposes of addressing student dress code
36 violations or concerns, referencing the physical appearance or
37 clothes of a student in a way that could be interpreted as sexual;
38 and
39 (17) self-disclosure or physical exposure of a sexual, romantic, or
40 erotic nature.
41 SECTION 3. IC 31-9-2-84.8, AS AMENDED BY P.L.142-2020,
42 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2024 IN 1325—LS 6958/DI 144 6
1 JULY 1, 2024]: Sec. 84.8. "Nonwaivable offense", for purposes of this
2 title, means a conviction of any of the following felonies:
3 (1) Murder (IC 35-42-1-1).
4 (2) Causing suicide (IC 35-42-1-2).
5 (3) Assisting suicide (IC 35-42-1-2.5).
6 (4) Voluntary manslaughter (IC 35-42-1-3).
7 (5) Involuntary manslaughter (IC 35-42-1-4).
8 (6) Reckless homicide (IC 35-42-1-5).
9 (7) Feticide (IC 35-42-1-6).
10 (8) Battery (IC 35-42-2-1) within the past five (5) years.
11 (9) Domestic battery (IC 35-42-2-1.3).
12 (10) Aggravated battery (IC 35-42-2-1.5).
13 (11) Criminal recklessness (IC 35-42-2-2) within the past five (5)
14 years.
15 (12) Strangulation (IC 35-42-2-9).
16 (13) Kidnapping (IC 35-42-3-2).
17 (14) Criminal confinement (IC 35-42-3-3) within the past five (5)
18 years.
19 (15) Human and sexual trafficking (IC 35-42-3.5).
20 (16) A felony sex offense under IC 35-42-4.
21 (17) Arson (IC 35-43-1-1) within the past five (5) years.
22 (18) Incest (IC 35-46-1-3).
23 (19) Neglect of a dependent (IC 35-46-1-4(a), and
24 IC 35-46-1-4(b)). IC 35-46-1-4(b), and IC 35-46-1-4(d)).
25 (20) Child selling (IC 35-46-1-4(d)). (IC 35-46-1-4(e)).
26 (21) Reckless supervision (IC 35-46-1-4.1).
27 (22) Nonsupport of a dependent child (IC 35-46-1-5) within the
28 past five (5) years.
29 (23) Operating a motorboat while intoxicated (IC 35-46-9-6)
30 within the past five (5) years.
31 (24) A felony involving a weapon under IC 35-47 within the past
32 five (5) years.
33 (25) A felony relating to controlled substances under IC 35-48-4
34 within the past five (5) years.
35 (26) An offense relating to material or a performance that is
36 harmful to minors or obscene under IC 35-49-3.
37 (27) A felony under IC 9-30-5 within the past five (5) years.
38 (28) A felony related to the health or safety of a child (as defined
39 in IC 31-9-2-13(h)) or an endangered adult (as defined in
40 IC 12-10-3-2).
41 SECTION 4. IC 35-31.5-2-19.5 IS ADDED TO THE INDIANA
42 CODE AS A NEW SECTION TO READ AS FOLLOWS
2024 IN 1325—LS 6958/DI 144 7
1 [EFFECTIVE JULY 1, 2024]: Sec. 19.5. "Antique firearm", for
2 purposes of IC 35-46-1-4(d), has the meaning set forth in 18 U.S.C.
3 921(a)(16).
4 SECTION 5. IC 35-31.5-2-171.3 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2024]: Sec. 171.3. "Inoperable firearm", for
7 purposes of IC 35-46-1-4(d), means a firearm that is permanently
8 unable to discharge or expel a projectile by means of an explosion.
9 The term does not include a firearm that may be modified to
10 discharge or expel a projectile by means of an explosion.
11 SECTION 6. IC 35-31.5-2-188.1 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2024]: Sec. 188.1. "Loaded firearm", for
14 purposes of IC 35-46-1-4(d), means a firearm with one (1) or more
15 of the following characteristics:
16 (1) A bullet, cartridge, projectile, or round in the breech,
17 chamber, or cylinder of the firearm.
18 (2) Ammunition in close proximity to the firearm so that a
19 person can readily insert the ammunition into the firearm.
20 (3) Ammunition that is:
21 (A) inserted or stored inside:
22 (i) the firing chamber;
23 (ii) a cylinder; or
24 (iii) a fixed magazine;
25 of the firearm; or
26 (B) housed or stored inside a detachable magazine for the
27 firearm.
28 SECTION 7. IC 35-31.5-2-288.5 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2024]: Sec. 288.5. "Secure a firearm", for
31 purposes of IC 35-46-1-4(d), means to prevent unauthorized access
32 to a firearm. The term includes the following:
33 (1) Placing or storing the firearm in a locked container.
34 (2) Temporarily rendering the firearm inoperable by:
35 (A) use of a trigger lock, bore lock, cable lock, or
36 comparable device; or
37 (B) disassembling the firearm in a manner that prevents
38 the firearm from operating.
39 SECTION 8. IC 35-46-1-4, AS AMENDED BY P.L.170-2021,
40 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 4. (a) A person having the care of a dependent,
42 whether assumed voluntarily or because of a legal obligation, who
2024 IN 1325—LS 6958/DI 144 8
1 knowingly or intentionally:
2 (1) places the dependent in a situation that endangers the
3 dependent's life or health;
4 (2) abandons or cruelly confines the dependent;
5 (3) deprives the dependent of necessary support; or
6 (4) deprives the dependent of education as required by law;
7 commits neglect of a dependent, a Level 6 felony.
8 (b) However, the offense is:
9 (1) a Level 5 felony if it is committed under subsection (a)(1),
10 (a)(2), or (a)(3) and:
11 (A) results in bodily injury; or
12 (B) is:
13 (i) committed in a location where a person is violating
14 IC 35-48-4-1 (dealing in cocaine or a narcotic drug),
15 IC 35-48-4-1.1 (dealing in methamphetamine), or
16 IC 35-48-4-1.2 (manufacturing methamphetamine); or
17 (ii) the result of a violation of IC 35-48-4-1 (dealing in
18 cocaine or a narcotic drug), IC 35-48-4-1.1 (dealing in
19 methamphetamine), or IC 35-48-4-1.2 (manufacturing
20 methamphetamine);
21 (2) a Level 3 felony if it is committed under subsection (a)(1),
22 (a)(2), or (a)(3) and results in serious bodily injury;
23 (3) a Level 1 felony if it is committed under subsection (a)(1),
24 (a)(2), or (a)(3) by a person at least eighteen (18) years of age and
25 results in the death or catastrophic injury of a dependent who is
26 less than fourteen (14) years of age or in the death or catastrophic
27 injury of a dependent of any age who has a mental or physical
28 disability; and
29 (4) a Level 5 felony if it is committed under subsection (a)(2) and
30 consists of cruel confinement or abandonment that:
31 (A) deprives a dependent of necessary food, water, or sanitary
32 facilities;
33 (B) consists of confinement in an area not intended for human
34 habitation; or
35 (C) involves the unlawful use of handcuffs, a rope, a cord,
36 tape, or a similar device to physically restrain a dependent.
37 (c) It is a defense to a prosecution based on an alleged act under this
38 section that:
39 (1) the accused person left a dependent child who was, at the time
40 the alleged act occurred, not more than thirty (30) days of age:
41 (A) in a newborn safety device described in
42 IC 31-34-2.5-1(a)(2), IC 31-34-2.5-1(a)(3),
2024 IN 1325—LS 6958/DI 144 9
1 IC 31-34-2.5-1(a)(4), or IC 31-34-2.5-1(a)(5); or
2 (B) with a person who is an emergency medical services
3 provider (as defined in IC 16-41-10-1) who took custody of the
4 child under IC 31-34-2.5;
5 when the prosecution is based solely on the alleged act of leaving
6 the child in the newborn safety device or with the emergency
7 medical services provider and the alleged act did not result in
8 bodily injury or serious bodily injury to the child; or
9 (2) the accused person, in the legitimate practice of the accused
10 person's religious belief, provided treatment by spiritual means
11 through prayer, in lieu of medical care, to the accused person's
12 dependent.
13 (d) This subsection does not apply to the following:
14 (1) An inoperable firearm.
15 (2) An antique firearm.
16 (3) A person who carries a firearm:
17 (A) on his or her person; or
18 (B) in such proximity to his or her person that the firearm
19 may be readily retrieved and used.
20 (4) Any use of a firearm described in IC 35-47-10-1(b).
21 (5) Any possession of a firearm described in IC 34-28-7.
22 A person having the care of a dependent, whether assumed
23 voluntarily or because of a legal obligation, who recklessly,
24 knowingly, or intentionally fails to secure a loaded firearm in the
25 person's residence or vehicle, commits neglect of a dependent, a
26 Level 6 felony, if the dependent uses the firearm to cause bodily
27 injury or death to any person. However, the offense is a Level 5
28 felony if the person has a prior unrelated conviction for neglect of
29 a dependent under this section. It is a defense to a prosecution
30 under this subsection that the injury or death inflicted on the other
31 person occurred during a lawful act of self-defense or defense of a
32 third party.
33 (d) (e) Except for property transferred or received:
34 (1) under a court order made in connection with a proceeding
35 under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or IC 31-1-11.5
36 or IC 31-6-5 before their repeal); or
37 (2) under section 9(d) of this chapter;
38 a person who transfers or receives any property in consideration for the
39 termination of the care, custody, or control of a person's dependent
40 child commits child selling, a Level 6 felony.
41 SECTION 9. IC 35-47-2-14.5 IS ADDED TO THE INDIANA
42 CODE AS A NEW SECTION TO READ AS FOLLOWS
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1 [EFFECTIVE JULY 1, 2024]: Sec. 14.5. (a) A retail dealer shall
2 conspicuously display at the site of the retail dealer's business a
3 sign with the following language:
4 "IT IS A FELONY FOR A PERSON HAVING THE CARE OF
5 A DEPENDENT TO FAIL TO SECURE A LOADED FIREARM
6 IN THE PERSON'S RESIDENCE OR VEHICLE, IF THE
7 DEPENDENT USES THE FIREARM TO CAUSE BODILY
8 INJURY OR DEATH.".
9 (b) A retail dealer who knowingly or intentionally violates
10 subsection (a) commits a Class C infraction. However, the violation
11 is a Class A infraction if the retail dealer has a prior unrelated
12 adjudication for the violation.
2024 IN 1325—LS 6958/DI 144