Indiana 2024 Regular Session

Indiana House Bill HB1325 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. 1325
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 35-31.5-2; IC 35-46-1-4; IC 35-47-2-14.5.
8	8	Synopsis: Firearm storage. Provides that a person having the care of
9	9	a dependent who recklessly, knowingly, or intentionally fails to secure
10	10	a loaded firearm in the person's residence or vehicle commits neglect
11	11	of a dependent, a Level 6 felony, if the dependent uses the firearm to
12	12	cause bodily injury or death to any person. Enhances the offense to a
13	13	Level 5 felony in particular instances. Specifies exceptions and
14	14	defenses. Specifies sign requirements for retail dealers. Defines terms
15	15	and makes conforming amendments.
16	16	Effective: July 1, 2024.
17	17	Gore, Bauer M, Garcia Wilburn
18	18	January 10, 2024, read first time and referred to Committee on Courts and Criminal Code.
19	19	2024 IN 1325—LS 6958/DI 144 Introduced
20	20	Second Regular Session of the 123rd General Assembly (2024)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2023 Regular Session of the General Assembly.
30	30	HOUSE BILL No. 1325
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning
32	32	criminal law and procedure.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 5-2-22-1, AS AMENDED BY P.L.161-2018,
35	35	2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36	36	3 JULY 1, 2024]: Sec. 1. The following definitions apply throughout this
37	37	4 chapter:
38	38	5 (1) "Crime of child abuse" means:
39	39	6 (A) neglect of a dependent (IC 35-46-1-4) if the dependent is
40	40	7 a child and the offense is committed under:
41	41	8 (i) IC 35-46-1-4(a)(1);
42	42	9 (ii) IC 35-46-1-4(a)(2); or
43	43	10 (iii) IC 35-46-1-4(a)(3); or
44	44	11 (iv) IC 35-46-1-4(d);
45	45	12 (B) child selling (IC 35-46-1-4(d)); (IC 35-46-1-4(e));
46	46	13 (C) a sex offense (as defined in IC 11-8-8-5.2) committed
47	47	14 against a child; or
48	48	15 (D) battery against a child under:
49	49	16 (i) IC 35-42-2-1(e)(3) (battery on a child);
50	50	17 (ii) IC 35-42-2-1(g)(5)(B) (battery causing bodily injury to
51	51	2024 IN 1325—LS 6958/DI 144 2
52	52	1 a child);
53	53	2 (iii) IC 35-42-2-1(j) (battery causing serious bodily injury to
54	54	3 a child); or
55	55	4 (iv) IC 35-42-2-1(k) (battery resulting in the death of a
56	56	5 child).
57	57	6 (2) "Office" refers to the office of judicial administration created
58	58	7 under IC 33-24-6-1.
59	59	8 (3) "Registry" means the child abuse registry established under
60	60	9 section 2 of this chapter.
61	61	10 SECTION 2. IC 20-26-5-11.2, AS ADDED BY P.L.110-2023,
62	62	11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
63	63	12 JULY 1, 2024]: Sec. 11.2. (a) This section applies to:
64	64	13 (1) a school corporation;
65	65	14 (2) a charter school;
66	66	15 (3) a state accredited nonpublic school; and
67	67	16 (4) an entity with which the school corporation, charter school, or
68	68	17 state accredited nonpublic school contracts for services;
69	69	18 concerning employees of the school corporation, charter school, state
70	70	19 accredited nonpublic school, or entity who are likely to have direct,
71	71	20 ongoing contact with children within the scope of the employees'
72	72	21 employment.
73	73	22 (b) Subject to section 10(k) of this chapter and subsection (f), a
74	74	23 school corporation, charter school, state accredited nonpublic school,
75	75	24 or entity may not employ or contract with, and shall terminate the
76	76	25 employment of or contract with, an individual convicted of any of the
77	77	26 following offenses:
78	78	27 (1) Murder (IC 35-42-1-1).
79	79	28 (2) Causing suicide (IC 35-42-1-2).
80	80	29 (3) Assisting suicide (IC 35-42-1-2.5).
81	81	30 (4) Voluntary manslaughter (IC 35-42-1-3).
82	82	31 (5) Aggravated battery (IC 35-42-2-1.5).
83	83	32 (6) Kidnapping (IC 35-42-3-2).
84	84	33 (7) A sex offense (as defined in IC 11-8-8-5.2).
85	85	34 (8) Carjacking (IC 35-42-5-2) (repealed).
86	86	35 (9) Arson (IC 35-43-1-1).
87	87	36 (10) Public indecency (IC 35-45-4-1(a)(3), IC 35-45-4-1(a)(4),
88	88	37 and IC 35-45-4-1(b)) committed:
89	89	38 (A) after June 30, 2003; or
90	90	39 (B) before July 1, 2003, if the person committed the offense
91	91	40 by, in a public place, engaging in sexual intercourse or other
92	92	41 sexual conduct (as defined in IC 35-31.5-2-221.5).
93	93	42 (11) Neglect of a dependent as a Class B felony (for a crime
94	94	2024 IN 1325—LS 6958/DI 144 3
95	95	1 committed before July 1, 2014) or a Level 1 felony or Level 3
96	96	2 felony (for a crime committed after June 30, 2014) (IC
97	97	3 35-46-1-4(b)(2) and IC 35-46-1-4(b)(3)).
98	98	4 (12) Child selling (IC 35-46-1-4(d)). (IC 35-46-1-4(e)).
99	99	5 (13) An offense relating to material or a performance that is
100	100	6 harmful to minors or obscene under IC 35-49-3.
101	101	7 If an entity described in subsection (a)(4) obtains information that an
102	102	8 individual employed by the entity who works at a particular school
103	103	9 corporation, charter school, or state accredited nonpublic school has
104	104	10 been convicted of an offense described in this subsection, the entity
105	105	11 shall immediately notify the school corporation, charter school, or state
106	106	12 accredited nonpublic school of the employee's conviction.
107	107	13 (c) After June 30, 2023, a school corporation, charter school, state
108	108	14 accredited nonpublic school, or entity may employ or contract with an
109	109	15 individual convicted of any of the following offenses if a majority of
110	110	16 the members elected or appointed to the governing body of the school
111	111	17 corporation, or the equivalent body for a charter school, approves the
112	112	18 employment or contract as a separate, special agenda item, or if the
113	113	19 school administrator of a state accredited nonpublic school informs the
114	114	20 administrator's appointing authority of the hiring:
115	115	21 (1) An offense relating to operating a motor vehicle while
116	116	22 intoxicated under IC 9-30-5.
117	117	23 (2) Reckless homicide (IC 35-42-1-5).
118	118	24 (3) Battery (IC 35-42-2-1).
119	119	25 (4) Domestic battery (IC 35-42-2-1.3).
120	120	26 (5) Criminal confinement (IC 35-42-3-3).
121	121	27 (6) Public indecency (IC 35-45-4-1(a)(1) or IC 35-45-4-1(a)(2))
122	122	28 committed:
123	123	29 (A) after June 30, 2003; or
124	124	30 (B) before July 1, 2003, if the person committed the offense
125	125	31 by, in a public place, engaging in sexual intercourse or other
126	126	32 sexual conduct (as defined in IC 35-31.5-2-221.5).
127	127	33 (7) Contributing to the delinquency of a minor (IC 35-46-1-8).
128	128	34 (8) An offense involving a weapon under IC 35-47 or IC 35-47.5.
129	129	35 (9) An offense relating to controlled substances under IC 35-48-4,
130	130	36 other than an offense involving marijuana or paraphernalia used
131	131	37 to consume marijuana.
132	132	38 (d) An individual employed by a school corporation, charter school,
133	133	39 state accredited nonpublic school, or entity described in subsection (a)
134	134	40 shall notify the governing body of the school, if during the course of the
135	135	41 individual's employment, the individual:
136	136	42 (1) is convicted in Indiana or another jurisdiction of an offense
137	137	2024 IN 1325—LS 6958/DI 144 4
138	138	1 described in subsection (b) or subsection (c); or
139	139	2 (2) is the subject of a substantiated report of child abuse or
140	140	3 neglect.
141	141	4 (e) A school corporation, charter school, state accredited nonpublic
142	142	5 school, or entity may use information obtained under section 10 of this
143	143	6 chapter concerning an individual being the subject of a substantiated
144	144	7 report of child abuse or neglect as grounds to not employ or contract
145	145	8 with the individual.
146	146	9 (f) A school corporation, charter school, state accredited nonpublic
147	147	10 school, or entity is not required to consider whether information
148	148	11 concerning an individual's conviction:
149	149	12 (1) requires the school or entity to:
150	150	13 (A) not employ; or
151	151	14 (B) not contract with; or
152	152	15 (2) constitutes grounds to terminate the employment of or contract
153	153	16 with;
154	154	17 an individual under subsection (b) if the individual's conviction is
155	155	18 reversed, vacated, or set aside.
156	156	19 (g) Nothing in this section prohibits a school corporation, charter
157	157	20 school, state accredited nonpublic school, or entity from establishing
158	158	21 procedures to verify the accuracy of the information obtained under
159	159	22 section 10 of this chapter concerning an individual's conviction.
160	160	23 (h) A school corporation, charter school, or state accredited
161	161	24 nonpublic school may not hire or contract with an individual:
162	162	25 (1) who is required to wear an ankle monitor as the result of a
163	163	26 criminal conviction;
164	164	27 (2) who entered into an agreement to settle an allegation of
165	165	28 misconduct relating to the health, safety, or well-being of a
166	166	29 student at a school corporation, charter school, or state accredited
167	167	30 nonpublic school, if the agreement included a nondisclosure
168	168	31 agreement covering the alleged misconduct; or
169	169	32 (3) who, in an academic environment, engaged in a course of
170	170	33 conduct involving repeated or continuing contact with a child that
171	171	34 is intended to prepare or condition the child for sexual activity (as
172	172	35 defined in IC 35-42-4-13);
173	173	36 unless a majority of the members elected or appointed to the governing
174	174	37 body of the school corporation, or the equivalent body for a charter
175	175	38 school, approves the hire or contract as a separate, special agenda item,
176	176	39 or unless the school administrator of a state accredited nonpublic
177	177	40 school informs the administrator's appointing authority of the hiring.
178	178	41 (i) For purposes of subsection (h), "misconduct relating to the
179	179	42 health, safety, or well-being of a student" includes:
180	180	2024 IN 1325—LS 6958/DI 144 5
181	181	1 (1) engaging in a pattern of flirtatious or otherwise inappropriate
182	182	2 comments;
183	183	3 (2) making any effort to gain unreasonable access to, and time
184	184	4 alone with, any student with no discernable educational purpose;
185	185	5 (3) engaging in any behavior that can reasonably be construed as
186	186	6 involving an inappropriate and overly personal and intimate
187	187	7 relationship with, conduct toward, or focus on a student;
188	188	8 (4) telling explicit sexual jokes and stories;
189	189	9 (5) making sexually related comments;
190	190	10 (6) engaging in sexual kidding or teasing;
191	191	11 (7) engaging in sexual innuendos or making comments with
192	192	12 double entendre;
193	193	13 (8) inappropriate physical touching;
194	194	14 (9) using spoken, written, or any electronic communication to
195	195	15 importune, invite, participate with, or entice a person to expose or
196	196	16 touch the person's own or another person's intimate body parts or
197	197	17 to observe the student's intimate body parts via any form of
198	198	18 computer network or system, any social media platform,
199	199	19 telephone network, or data network or by text message or instant
200	200	20 messaging;
201	201	21 (10) sexual advances or requests for sexual favors;
202	202	22 (11) physical or romantic relationship including but not limited to
203	203	23 sexual intercourse or oral sexual intercourse;
204	204	24 (12) discussion of one's personal romantic or sexual feelings or
205	205	25 activities;
206	206	26 (13) discussion, outside of a professional teaching or counseling
207	207	27 context endorsed or required by an employing school district, of
208	208	28 a student's romantic or sexual feelings or activities;
209	209	29 (14) displaying, sharing, or transmitting pornographic or sexually
210	210	30 explicit materials;
211	211	31 (15) any physical contact that the student previously has indicated
212	212	32 is unwelcome, unless such contact is professionally required, such
213	213	33 as to teach a sport or other skill, or to protect the safety of the
214	214	34 student or others;
215	215	35 (16) other than for purposes of addressing student dress code
216	216	36 violations or concerns, referencing the physical appearance or
217	217	37 clothes of a student in a way that could be interpreted as sexual;
218	218	38 and
219	219	39 (17) self-disclosure or physical exposure of a sexual, romantic, or
220	220	40 erotic nature.
221	221	41 SECTION 3. IC 31-9-2-84.8, AS AMENDED BY P.L.142-2020,
222	222	42 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
223	223	2024 IN 1325—LS 6958/DI 144 6
224	224	1 JULY 1, 2024]: Sec. 84.8. "Nonwaivable offense", for purposes of this
225	225	2 title, means a conviction of any of the following felonies:
226	226	3 (1) Murder (IC 35-42-1-1).
227	227	4 (2) Causing suicide (IC 35-42-1-2).
228	228	5 (3) Assisting suicide (IC 35-42-1-2.5).
229	229	6 (4) Voluntary manslaughter (IC 35-42-1-3).
230	230	7 (5) Involuntary manslaughter (IC 35-42-1-4).
231	231	8 (6) Reckless homicide (IC 35-42-1-5).
232	232	9 (7) Feticide (IC 35-42-1-6).
233	233	10 (8) Battery (IC 35-42-2-1) within the past five (5) years.
234	234	11 (9) Domestic battery (IC 35-42-2-1.3).
235	235	12 (10) Aggravated battery (IC 35-42-2-1.5).
236	236	13 (11) Criminal recklessness (IC 35-42-2-2) within the past five (5)
237	237	14 years.
238	238	15 (12) Strangulation (IC 35-42-2-9).
239	239	16 (13) Kidnapping (IC 35-42-3-2).
240	240	17 (14) Criminal confinement (IC 35-42-3-3) within the past five (5)
241	241	18 years.
242	242	19 (15) Human and sexual trafficking (IC 35-42-3.5).
243	243	20 (16) A felony sex offense under IC 35-42-4.
244	244	21 (17) Arson (IC 35-43-1-1) within the past five (5) years.
245	245	22 (18) Incest (IC 35-46-1-3).
246	246	23 (19) Neglect of a dependent (IC 35-46-1-4(a), and
247	247	24 IC 35-46-1-4(b)). IC 35-46-1-4(b), and IC 35-46-1-4(d)).
248	248	25 (20) Child selling (IC 35-46-1-4(d)). (IC 35-46-1-4(e)).
249	249	26 (21) Reckless supervision (IC 35-46-1-4.1).
250	250	27 (22) Nonsupport of a dependent child (IC 35-46-1-5) within the
251	251	28 past five (5) years.
252	252	29 (23) Operating a motorboat while intoxicated (IC 35-46-9-6)
253	253	30 within the past five (5) years.
254	254	31 (24) A felony involving a weapon under IC 35-47 within the past
255	255	32 five (5) years.
256	256	33 (25) A felony relating to controlled substances under IC 35-48-4
257	257	34 within the past five (5) years.
258	258	35 (26) An offense relating to material or a performance that is
259	259	36 harmful to minors or obscene under IC 35-49-3.
260	260	37 (27) A felony under IC 9-30-5 within the past five (5) years.
261	261	38 (28) A felony related to the health or safety of a child (as defined
262	262	39 in IC 31-9-2-13(h)) or an endangered adult (as defined in
263	263	40 IC 12-10-3-2).
264	264	41 SECTION 4. IC 35-31.5-2-19.5 IS ADDED TO THE INDIANA
265	265	42 CODE AS A NEW SECTION TO READ AS FOLLOWS
266	266	2024 IN 1325—LS 6958/DI 144 7
267	267	1 [EFFECTIVE JULY 1, 2024]: Sec. 19.5. "Antique firearm", for
268	268	2 purposes of IC 35-46-1-4(d), has the meaning set forth in 18 U.S.C.
269	269	3 921(a)(16).
270	270	4 SECTION 5. IC 35-31.5-2-171.3 IS ADDED TO THE INDIANA
271	271	5 CODE AS A NEW SECTION TO READ AS FOLLOWS
272	272	6 [EFFECTIVE JULY 1, 2024]: Sec. 171.3. "Inoperable firearm", for
273	273	7 purposes of IC 35-46-1-4(d), means a firearm that is permanently
274	274	8 unable to discharge or expel a projectile by means of an explosion.
275	275	9 The term does not include a firearm that may be modified to
276	276	10 discharge or expel a projectile by means of an explosion.
277	277	11 SECTION 6. IC 35-31.5-2-188.1 IS ADDED TO THE INDIANA
278	278	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
279	279	13 [EFFECTIVE JULY 1, 2024]: Sec. 188.1. "Loaded firearm", for
280	280	14 purposes of IC 35-46-1-4(d), means a firearm with one (1) or more
281	281	15 of the following characteristics:
282	282	16 (1) A bullet, cartridge, projectile, or round in the breech,
283	283	17 chamber, or cylinder of the firearm.
284	284	18 (2) Ammunition in close proximity to the firearm so that a
285	285	19 person can readily insert the ammunition into the firearm.
286	286	20 (3) Ammunition that is:
287	287	21 (A) inserted or stored inside:
288	288	22 (i) the firing chamber;
289	289	23 (ii) a cylinder; or
290	290	24 (iii) a fixed magazine;
291	291	25 of the firearm; or
292	292	26 (B) housed or stored inside a detachable magazine for the
293	293	27 firearm.
294	294	28 SECTION 7. IC 35-31.5-2-288.5 IS ADDED TO THE INDIANA
295	295	29 CODE AS A NEW SECTION TO READ AS FOLLOWS
296	296	30 [EFFECTIVE JULY 1, 2024]: Sec. 288.5. "Secure a firearm", for
297	297	31 purposes of IC 35-46-1-4(d), means to prevent unauthorized access
298	298	32 to a firearm. The term includes the following:
299	299	33 (1) Placing or storing the firearm in a locked container.
300	300	34 (2) Temporarily rendering the firearm inoperable by:
301	301	35 (A) use of a trigger lock, bore lock, cable lock, or
302	302	36 comparable device; or
303	303	37 (B) disassembling the firearm in a manner that prevents
304	304	38 the firearm from operating.
305	305	39 SECTION 8. IC 35-46-1-4, AS AMENDED BY P.L.170-2021,
306	306	40 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
307	307	41 JULY 1, 2024]: Sec. 4. (a) A person having the care of a dependent,
308	308	42 whether assumed voluntarily or because of a legal obligation, who
309	309	2024 IN 1325—LS 6958/DI 144 8
310	310	1 knowingly or intentionally:
311	311	2 (1) places the dependent in a situation that endangers the
312	312	3 dependent's life or health;
313	313	4 (2) abandons or cruelly confines the dependent;
314	314	5 (3) deprives the dependent of necessary support; or
315	315	6 (4) deprives the dependent of education as required by law;
316	316	7 commits neglect of a dependent, a Level 6 felony.
317	317	8 (b) However, the offense is:
318	318	9 (1) a Level 5 felony if it is committed under subsection (a)(1),
319	319	10 (a)(2), or (a)(3) and:
320	320	11 (A) results in bodily injury; or
321	321	12 (B) is:
322	322	13 (i) committed in a location where a person is violating
323	323	14 IC 35-48-4-1 (dealing in cocaine or a narcotic drug),
324	324	15 IC 35-48-4-1.1 (dealing in methamphetamine), or
325	325	16 IC 35-48-4-1.2 (manufacturing methamphetamine); or
326	326	17 (ii) the result of a violation of IC 35-48-4-1 (dealing in
327	327	18 cocaine or a narcotic drug), IC 35-48-4-1.1 (dealing in
328	328	19 methamphetamine), or IC 35-48-4-1.2 (manufacturing
329	329	20 methamphetamine);
330	330	21 (2) a Level 3 felony if it is committed under subsection (a)(1),
331	331	22 (a)(2), or (a)(3) and results in serious bodily injury;
332	332	23 (3) a Level 1 felony if it is committed under subsection (a)(1),
333	333	24 (a)(2), or (a)(3) by a person at least eighteen (18) years of age and
334	334	25 results in the death or catastrophic injury of a dependent who is
335	335	26 less than fourteen (14) years of age or in the death or catastrophic
336	336	27 injury of a dependent of any age who has a mental or physical
337	337	28 disability; and
338	338	29 (4) a Level 5 felony if it is committed under subsection (a)(2) and
339	339	30 consists of cruel confinement or abandonment that:
340	340	31 (A) deprives a dependent of necessary food, water, or sanitary
341	341	32 facilities;
342	342	33 (B) consists of confinement in an area not intended for human
343	343	34 habitation; or
344	344	35 (C) involves the unlawful use of handcuffs, a rope, a cord,
345	345	36 tape, or a similar device to physically restrain a dependent.
346	346	37 (c) It is a defense to a prosecution based on an alleged act under this
347	347	38 section that:
348	348	39 (1) the accused person left a dependent child who was, at the time
349	349	40 the alleged act occurred, not more than thirty (30) days of age:
350	350	41 (A) in a newborn safety device described in
351	351	42 IC 31-34-2.5-1(a)(2), IC 31-34-2.5-1(a)(3),
352	352	2024 IN 1325—LS 6958/DI 144 9
353	353	1 IC 31-34-2.5-1(a)(4), or IC 31-34-2.5-1(a)(5); or
354	354	2 (B) with a person who is an emergency medical services
355	355	3 provider (as defined in IC 16-41-10-1) who took custody of the
356	356	4 child under IC 31-34-2.5;
357	357	5 when the prosecution is based solely on the alleged act of leaving
358	358	6 the child in the newborn safety device or with the emergency
359	359	7 medical services provider and the alleged act did not result in
360	360	8 bodily injury or serious bodily injury to the child; or
361	361	9 (2) the accused person, in the legitimate practice of the accused
362	362	10 person's religious belief, provided treatment by spiritual means
363	363	11 through prayer, in lieu of medical care, to the accused person's
364	364	12 dependent.
365	365	13 (d) This subsection does not apply to the following:
366	366	14 (1) An inoperable firearm.
367	367	15 (2) An antique firearm.
368	368	16 (3) A person who carries a firearm:
369	369	17 (A) on his or her person; or
370	370	18 (B) in such proximity to his or her person that the firearm
371	371	19 may be readily retrieved and used.
372	372	20 (4) Any use of a firearm described in IC 35-47-10-1(b).
373	373	21 (5) Any possession of a firearm described in IC 34-28-7.
374	374	22 A person having the care of a dependent, whether assumed
375	375	23 voluntarily or because of a legal obligation, who recklessly,
376	376	24 knowingly, or intentionally fails to secure a loaded firearm in the
377	377	25 person's residence or vehicle, commits neglect of a dependent, a
378	378	26 Level 6 felony, if the dependent uses the firearm to cause bodily
379	379	27 injury or death to any person. However, the offense is a Level 5
380	380	28 felony if the person has a prior unrelated conviction for neglect of
381	381	29 a dependent under this section. It is a defense to a prosecution
382	382	30 under this subsection that the injury or death inflicted on the other
383	383	31 person occurred during a lawful act of self-defense or defense of a
384	384	32 third party.
385	385	33 (d) (e) Except for property transferred or received:
386	386	34 (1) under a court order made in connection with a proceeding
387	387	35 under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or IC 31-1-11.5
388	388	36 or IC 31-6-5 before their repeal); or
389	389	37 (2) under section 9(d) of this chapter;
390	390	38 a person who transfers or receives any property in consideration for the
391	391	39 termination of the care, custody, or control of a person's dependent
392	392	40 child commits child selling, a Level 6 felony.
393	393	41 SECTION 9. IC 35-47-2-14.5 IS ADDED TO THE INDIANA
394	394	42 CODE AS A NEW SECTION TO READ AS FOLLOWS
395	395	2024 IN 1325—LS 6958/DI 144 10
396	396	1 [EFFECTIVE JULY 1, 2024]: Sec. 14.5. (a) A retail dealer shall
397	397	2 conspicuously display at the site of the retail dealer's business a
398	398	3 sign with the following language:
399	399	4 "IT IS A FELONY FOR A PERSON HAVING THE CARE OF
400	400	5 A DEPENDENT TO FAIL TO SECURE A LOADED FIREARM
401	401	6 IN THE PERSON'S RESIDENCE OR VEHICLE, IF THE
402	402	7 DEPENDENT USES THE FIREARM TO CAUSE BODILY
403	403	8 INJURY OR DEATH.".
404	404	9 (b) A retail dealer who knowingly or intentionally violates
405	405	10 subsection (a) commits a Class C infraction. However, the violation
406	406	11 is a Class A infraction if the retail dealer has a prior unrelated
407	407	12 adjudication for the violation.
408	408	2024 IN 1325—LS 6958/DI 144