Introduced Version
HOUSE BILL No. 1356
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 7.1-5-1.
Synopsis: Immunity if seeking aid for drug overdose victim. Specifies
that the arrest and criminal immunity provisions of the lifeline law also
apply to a person less than 21 years of age who commits an offense
involving the possession of a controlled substance, paraphernalia, or a
syringe.
Effective: July 1, 2024.
Garcia Wilburn, Gore
January 10, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024 IN 1356—LS 6283/DI 106 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. 1356
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 7.1-5-1-6.5, AS AMENDED BY P.L.156-2014,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 6.5. (a) A law enforcement officer may not take
4 a person into custody based solely on the commission of an offense
5 involving alcohol described in subsection (b) or an offense described
6 in subsection (b) involving possession of a controlled substance,
7 paraphernalia, or a syringe by a person less than twenty-one (21)
8 years of age if the law enforcement officer, after making a reasonable
9 determination and considering the facts and surrounding
10 circumstances, reasonably believes that all of the following apply:
11 (1) The law enforcement officer has contact with the person
12 because the person:
13 (A) either:
14 (i) requested emergency medical assistance; or
15 (ii) acted in concert with another person who requested
16 emergency medical assistance;
17 for an individual who reasonably appeared to be in need of
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1 medical assistance;
2 (B) is the victim of a reported sex offense (as defined in
3 IC 11-8-8-5.2); or
4 (C) witnessed and reported what the person reasonably
5 believed to be a crime.
6 (2) The person described in subdivision (1)(A), (1)(B), or (1)(C):
7 (A) provided:
8 (i) the person's full name; and
9 (ii) any other relevant information requested by the law
10 enforcement officer; and
11 (B) in the case of a person described in subdivision (1)(A):
12 (i) remained at the scene with the individual who reasonably
13 appeared to be in need of medical assistance until
14 emergency medical assistance arrived; and
15 (ii) cooperated with emergency medical assistance personnel
16 and law enforcement officers at the scene.
17 (b) A person who meets the criteria of subsection (a)(1) and (a)(2)
18 is immune from criminal prosecution for an offense: under:
19 (1) under section 3 of this chapter if the offense involved a state
20 of intoxication caused by the person's use of alcohol;
21 (2) under section 6 of this chapter if the offense involved the
22 person being, or becoming, intoxicated as a result of the person's
23 use of alcohol; and
24 (3) under IC 7.1-5-7-7;
25 (4) involving the possession of a controlled substance, if the
26 person is less than twenty-one (21) years of age and if the
27 offense does not involve:
28 (A) manufacturing;
29 (B) financing the manufacture of;
30 (C) delivering; or
31 (D) financing the delivery of;
32 a controlled substance, including possession of a controlled
33 substance with the intent to manufacture, finance the
34 manufacture of, deliver, or finance the delivery of a controlled
35 substance;
36 (5) involving possession of paraphernalia (IC 35-48-4-8.3), if
37 the person is less than twenty-one (21) years of age; and
38 (6) involving possession of a syringe (IC 16-42-19-18), if the
39 person is less than twenty-one (21) years of age.
40 (c) A person may not initiate or maintain an action against a law
41 enforcement officer based on the officer's compliance or failure to
42 comply with this section.
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1 SECTION 2. IC 7.1-5-1-6.6, AS ADDED BY P.L.156-2014,
2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 6.6. (a) This section applies only to a person:
4 (1) arrested for a violation of:
5 (A) section 3 of this chapter if the offense involved a state of
6 intoxication caused by the person's use of alcohol;
7 (B) section 6 of this chapter if the offense involved the person
8 being, or becoming, intoxicated as a result of the person's use
9 of alcohol; or
10 (C) IC 7.1-5-7-7;
11 (D) an offense involving the possession of a controlled
12 substance, if the person is less than twenty-one (21) years
13 of age and if the offense does not involve:
14 (i) manufacturing;
15 (ii) financing the manufacture of;
16 (iii) delivering; or
17 (iv) financing the delivery of;
18 a controlled substance, including possession of a controlled
19 substance with the intent to manufacture, finance the
20 manufacture of, deliver, or finance the delivery of a
21 controlled substance;
22 (E) an offense involving possession of paraphernalia (IC
23 35-48-4-8.3), if the person is less than twenty-one (21) years
24 of age; or
25 (F) an offense involving possession of a syringe (IC
26 16-42-19-18), if the person is less than twenty-one (21)
27 years of age; and
28 (2) whose arrest was facilitated because another person reported
29 that the person appeared to be in need of medical assistance due
30 to the use of alcohol or a controlled substance.
31 (b) If a person described in subsection (a):
32 (1) does not have a prior conviction for an offense described in
33 subsection (a);
34 (2) pleads guilty to an offense described in subsection (a); and
35 (3) agrees to be placed in the custody of the court;
36 the court, without entering a judgment of conviction, shall defer further
37 proceedings and place the person in the custody of the court under
38 conditions determined by the court.
39 (c) If the person placed in the custody of the court violates the
40 conditions of custody, the court may enter a judgment of conviction.
41 However, if the person fulfills the conditions of the custody, the court
42 shall dismiss the charges against the person.
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1 (d) There may be only one (1) dismissal under this section with
2 respect to a person.
2024 IN 1356—LS 6283/DI 106