Indiana 2024 Regular Session

Indiana House Bill HB1379 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. 1379
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-9-2-84.8; IC 34-23-2-1; IC 35-31.5-2;
7	7	IC 35-41-3; IC 35-42.
8	8	Synopsis: Unborn children. Modifies the definition of "human being"
9	9	in the criminal code to include an unborn child. Removes applicability
10	10	language concerning certain abortions in the wrongful death or injury
11	11	of a child statutes. Clarifies the duress defense relating to culpability.
12	12	Repeals the section that provides that the homicide chapter does not
13	13	apply to certain abortions. Removes language from the murder,
14	14	manslaughter, and involuntary manslaughter statutes regarding
15	15	intentionally killing a fetus. Repeals the crime of feticide. Repeals the
16	16	section that concerns the applicability of certain crimes related to
17	17	abortion, the termination of a pregnancy, or the killing of a fetus.
18	18	Provides that the homicide and battery chapters apply to a victim who
19	19	is an unborn child.
20	20	Effective: July 1, 2024.
21	21	Sweet
22	22	January 10, 2024, read first time and referred to Committee on Courts and Criminal Code.
23	23	2024 IN 1379—LS 7056/DI 107 Introduced
24	24	Second Regular Session of the 123rd General Assembly (2024)
25	25	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	26	Constitution) is being amended, the text of the existing provision will appear in this style type,
27	27	additions will appear in this style type, and deletions will appear in this style type.
28	28	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	29	provision adopted), the text of the new provision will appear in this style type. Also, the
30	30	word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	31	a new provision to the Indiana Code or the Indiana Constitution.
32	32	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	33	between statutes enacted by the 2023 Regular Session of the General Assembly.
34	34	HOUSE BILL No. 1379
35	35	A BILL FOR AN ACT to amend the Indiana Code concerning
36	36	criminal law and procedure.
37	37	Whereas, the Fourteenth Amendment to the Constitution of the
38	38	United States requires that "no state...shall deny to any person within
39	39	its jurisdiction the equal protection of laws".
40	40	Whereas, innocent human life, created in the image of God, should
41	41	be equally protected under the laws from fertilization to natural death.
42	42	Whereas, to ensure the right to life and equal protection of the laws,
43	43	all preborn children should be protected with the same criminal and
44	44	civil laws protecting the lives of born persons by repealing statutes
45	45	that permit prenatal homicide and battery.
46	46	Whereas, all persons potentially subject to such laws are entitled to
47	47	due process protections.
48	48	Whereas, pregnant mothers should be protected from being
49	49	pressured to abort their children.
50	50	Whereas, statutes should be repealed that may allow a person to aid
51	51	or induce a mother to abort her child: Therefore,
52	52	2024 IN 1379—LS 7056/DI 107 2
53	53	Be it enacted by the General Assembly of the State of Indiana:
54	54	1 SECTION 1. IC 31-9-2-84.8, AS AMENDED BY P.L.142-2020,
55	55	2 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
56	56	3 JULY 1, 2024]: Sec. 84.8. "Nonwaivable offense", for purposes of this
57	57	4 title, means a conviction of any of the following felonies:
58	58	5 (1) Murder (IC 35-42-1-1).
59	59	6 (2) Causing suicide (IC 35-42-1-2).
60	60	7 (3) Assisting suicide (IC 35-42-1-2.5).
61	61	8 (4) Voluntary manslaughter (IC 35-42-1-3).
62	62	9 (5) Involuntary manslaughter (IC 35-42-1-4).
63	63	10 (6) Reckless homicide (IC 35-42-1-5).
64	64	11 (7) Feticide (IC 35-42-1-6).
65	65	12 (8) (7) Battery (IC 35-42-2-1) within the past five (5) years.
66	66	13 (9) (8) Domestic battery (IC 35-42-2-1.3).
67	67	14 (10) (9) Aggravated battery (IC 35-42-2-1.5).
68	68	15 (11) (10) Criminal recklessness (IC 35-42-2-2) within the past
69	69	16 five (5) years.
70	70	17 (12) (11) Strangulation (IC 35-42-2-9).
71	71	18 (13) (12) Kidnapping (IC 35-42-3-2).
72	72	19 (14) (13) Criminal confinement (IC 35-42-3-3) within the past
73	73	20 five (5) years.
74	74	21 (15) (14) Human and sexual trafficking (IC 35-42-3.5).
75	75	22 (16) (15) A felony sex offense under IC 35-42-4.
76	76	23 (17) (16) Arson (IC 35-43-1-1) within the past five (5) years.
77	77	24 (18) (17) Incest (IC 35-46-1-3).
78	78	25 (19) (18) Neglect of a dependent (IC 35-46-1-4(a) and
79	79	26 IC 35-46-1-4(b)).
80	80	27 (20) (19) Child selling (IC 35-46-1-4(d)).
81	81	28 (21) (20) Reckless supervision (IC 35-46-1-4.1).
82	82	29 (22) (21) Nonsupport of a dependent child (IC 35-46-1-5) within
83	83	30 the past five (5) years.
84	84	31 (23) (22) Operating a motorboat while intoxicated (IC 35-46-9-6)
85	85	32 within the past five (5) years.
86	86	33 (24) (23) A felony involving a weapon under IC 35-47 within the
87	87	34 past five (5) years.
88	88	35 (25) (24) A felony relating to controlled substances under
89	89	36 IC 35-48-4 within the past five (5) years.
90	90	37 (26) (25) An offense relating to material or a performance that is
91	91	38 harmful to minors or obscene under IC 35-49-3.
92	92	39 (27) (26) A felony under IC 9-30-5 within the past five (5) years.
93	93	2024 IN 1379—LS 7056/DI 107 3
94	94	1 (28) (27) A felony related to the health or safety of a child (as
95	95	2 defined in IC 31-9-2-13(h)) or an endangered adult (as defined in
96	96	3 IC 12-10-3-2).
97	97	4 SECTION 2. IC 34-23-2-1, AS AMENDED BY P.L.129-2009,
98	98	5 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
99	99	6 JULY 1, 2024]: Sec. 1. (a) This section does not apply to an abortion
100	100	7 performed in compliance with:
101	101	8 (1) IC 16-34; or
102	102	9 (2) IC 35-1-58.5 (before its repeal).
103	103	10 (b) (a) As used in this section, "child" means an unmarried
104	104	11 individual without dependents who is:
105	105	12 (1) less than twenty (20) years of age; or
106	106	13 (2) less than twenty-three (23) years of age and is enrolled in a
107	107	14 postsecondary educational institution or a career and technical
108	108	15 education school or program that is not a postsecondary
109	109	16 educational program.
110	110	17 The term includes a fetus that has attained viability (as defined in
111	111	18 IC 16-18-2-365). at any stage of development from fertilization at
112	112	19 the fusion of a human spermatozoon with a human ovum.
113	113	20 (c) (b) An action may be maintained under this section against the
114	114	21 person whose wrongful act or omission caused the injury or death of a
115	115	22 child. The action may be maintained by:
116	116	23 (1) the father and mother jointly, or either of them by naming the
117	117	24 other parent as a codefendant to answer as to his or her interest;
118	118	25 (2) in case of divorce or dissolution of marriage, the person to
119	119	26 whom custody of the child was awarded; and
120	120	27 (3) a guardian, for the injury or death of a protected person.
121	121	28 (d) (c) In case of death of the person to whom custody of a child was
122	122	29 awarded, a personal representative shall be appointed to maintain the
123	123	30 action for the injury or death of the child.
124	124	31 (e) (d) In an action brought by a guardian for an injury to a protected
125	125	32 person, the damages inure to the benefit of the protected person.
126	126	33 (f) (e) In an action to recover for the death of a child, the plaintiff
127	127	34 may recover damages:
128	128	35 (1) for the loss of the child's services;
129	129	36 (2) for the loss of the child's love and companionship; and
130	130	37 (3) to pay the expenses of:
131	131	38 (A) health care and hospitalization necessitated by the
132	132	39 wrongful act or omission that caused the child's death;
133	133	40 (B) the child's funeral and burial;
134	134	41 (C) the reasonable expense of psychiatric and psychological
135	135	42 counseling incurred by a surviving parent or minor sibling of
136	136	2024 IN 1379—LS 7056/DI 107 4
137	137	1 the child that is required because of the death of the child;
138	138	2 (D) uninsured debts of the child, including debts for which a
139	139	3 parent is obligated on behalf of the child; and
140	140	4 (E) the administration of the child's estate, including
141	141	5 reasonable attorney's fees.
142	142	6 (g) (f) Damages may be awarded under this section only with
143	143	7 respect to the period of time from the death of the child until:
144	144	8 (1) the date that the child would have reached:
145	145	9 (A) twenty (20) years of age; or
146	146	10 (B) twenty-three (23) years of age, if the child was enrolled in
147	147	11 a postsecondary educational institution or in a career and
148	148	12 technical education school or program that is not a
149	149	13 postsecondary educational program; or
150	150	14 (2) the date of the child's last surviving parent's death;
151	151	15 whichever first occurs.
152	152	16 (h) (g) Damages may be awarded under subsection (f)(2) (e)(2) only
153	153	17 with respect to the period of time from the death of the child until the
154	154	18 date of the child's last surviving parent's death.
155	155	19 (i) (h) Damages awarded under subsection (f)(1), (f)(2), (f)(3)(C),
156	156	20 (e)(1), (e)(2), (e)(3)(C), and (f)(3)(D) (e)(3)(D) inure to the benefit of:
157	157	21 (1) the father and mother jointly if both parents had custody of the
158	158	22 child;
159	159	23 (2) the custodial parent, or custodial grandparent, and the
160	160	24 noncustodial parent of the deceased child as apportioned by the
161	161	25 court according to their respective losses; or
162	162	26 (3) a custodial grandparent of the child if the child was not
163	163	27 survived by a parent entitled to benefit under this section.
164	164	28 However, a parent or grandparent who abandoned a deceased child
165	165	29 while the child was alive is not entitled to any recovery under this
166	166	30 chapter.
167	167	31 (j) (i) This section does not affect or supersede any other right,
168	168	32 remedy, or defense provided by any other law.
169	169	33 SECTION 3. IC 35-31.5-2-132 IS REPEALED [EFFECTIVE JULY
170	170	34 1, 2024]. Sec. 132. "Fetus", for purposes of IC 35-42-1-4, has the
171	171	35 meaning set forth in IC 35-42-1-4(a).
172	172	36 SECTION 4. IC 35-31.5-2-160, AS ADDED BY P.L.114-2012,
173	173	37 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
174	174	38 JULY 1, 2024]: Sec. 160. "Human being" means an individual who has
175	175	39 been born and is alive and includes an unborn child at any stage of
176	176	40 development from fertilization at the fusion of a human
177	177	41 spermatozoon with a human ovum.
178	178	42 SECTION 5. IC 35-41-3-8 IS AMENDED TO READ AS
179	179	2024 IN 1379—LS 7056/DI 107 5
180	180	1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) Except as
181	181	2 provided in subsections (b) and (c), it is a defense that the person who
182	182	3 engaged in the prohibited conduct was compelled to do so by threat of
183	183	4 imminent serious bodily injury to himself or another person. With
184	184	5 respect to offenses other than felonies, it is a defense that the person
185	185	6 who engaged in the prohibited conduct was compelled to do so by force
186	186	7 or threat of force. Compulsion under this section exists only if the
187	187	8 force, threat, or circumstances are such as would render a person of
188	188	9 reasonable firmness incapable of resisting the pressure.
189	189	10 (b) This section does not apply to a person who:
190	190	11 (1) recklessly, knowingly, or intentionally placed himself in a
191	191	12 situation in which it was foreseeable that he would be subjected
192	192	13 to duress; or
193	193	14 (2) except as provided in subsection (c), committed an offense
194	194	15 against the person as defined in IC 35-42.
195	195	16 (c) This section applies to a person who committed an offense
196	196	17 against the person as defined in IC 35-42 if the victim was an
197	197	18 unborn child and the defendant is the unborn child's mother.
198	198	19 SECTION 6. IC 35-41-3-12 IS REPEALED [EFFECTIVE JULY 1,
199	199	20 2024]. Sec. 12. (a) It is a defense to any crime involving the death of or
200	200	21 injury to a fetus that the defendant was a pregnant woman who
201	201	22 committed the unlawful act with the intent to terminate her pregnancy.
202	202	23 (b) Except as provided in subsection (c), it is a defense to any crime
203	203	24 involving the death of or injury to a fetus that the mother of the fetus
204	204	25 requested that the defendant terminate her pregnancy, and that the
205	205	26 death or injury to the fetus was the result of the defendant's termination
206	206	27 or attempted termination of her pregnancy.
207	207	28 (c) Subsection (b) is not a defense to:
208	208	29 (1) performing an unlawful abortion under IC 16-34-2-7; or
209	209	30 (2) feticide (IC 35-42-1-6).
210	210	31 SECTION 7. IC 35-42-1-0.5 IS REPEALED [EFFECTIVE JULY
211	211	32 1, 2024]. Sec. 0.5. Sections 1, 3, and 4 of this chapter do not apply to
212	212	33 an abortion performed in compliance with:
213	213	34 (1) IC 16-34; or
214	214	35 (2) IC 35-1-58.5 (before its repeal).
215	215	36 SECTION 8. IC 35-42-1-0.6 IS ADDED TO THE INDIANA CODE
216	216	37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
217	217	38 1, 2024]: Sec. 0.6. (a) This chapter applies to a victim who is an
218	218	39 unborn child and all human beings (as defined in
219	219	40 IC 35-31.5-2-160).
220	220	41 (b) The enforcement of this chapter is subject to the same
221	221	42 presumptions, defenses, justifications, immunities, and clemencies
222	222	2024 IN 1379—LS 7056/DI 107 6
223	223	1 that would apply if the victim was an individual who was born
224	224	2 alive.
225	225	3 (c) This chapter does not apply to the unintentional death of an
226	226	4 unborn child when resulting from:
227	227	5 (1) the undertaking of life-saving procedures to save the life
228	228	6 of a mother when accompanied by reasonable steps to save
229	229	7 the life of an unborn child; or
230	230	8 (2) a spontaneous miscarriage.
231	231	9 (d) If a provision of law conflicts with this section, this section
232	232	10 prevails.
233	233	11 SECTION 9. IC 35-42-1-1, AS AMENDED BY P.L.215-2018(ss),
234	234	12 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
235	235	13 JULY 1, 2024]: Sec. 1. A person who:
236	236	14 (1) knowingly or intentionally kills another human being;
237	237	15 (2) kills another human being while committing or attempting to
238	238	16 commit arson, burglary, child molesting, consumer product
239	239	17 tampering, criminal deviate conduct (under IC 35-42-4-2 before
240	240	18 its repeal), kidnapping, rape, robbery, human trafficking,
241	241	19 promotion of human labor trafficking, promotion of human sexual
242	242	20 trafficking, promotion of child sexual trafficking, promotion of
243	243	21 sexual trafficking of a younger child, child sexual trafficking, or
244	244	22 carjacking (before its repeal); or
245	245	23 (3) kills another human being while committing or attempting to
246	246	24 commit:
247	247	25 (A) dealing in or manufacturing cocaine or a narcotic drug (IC
248	248	26 35-48-4-1);
249	249	27 (B) dealing in methamphetamine (IC 35-48-4-1.1);
250	250	28 (C) manufacturing methamphetamine (IC 35-48-4-1.2);
251	251	29 (D) dealing in a schedule I, II, or III controlled substance (IC
252	252	30 35-48-4-2);
253	253	31 (E) dealing in a schedule IV controlled substance (IC
254	254	32 35-48-4-3); or
255	255	33 (F) dealing in a schedule V controlled substance; or
256	256	34 (4) except as provided in section 6.5 of this chapter, knowingly or
257	257	35 intentionally kills a fetus in any stage of development;
258	258	36 commits murder, a felony.
259	259	37 SECTION 10. IC 35-42-1-3, AS AMENDED BY P.L.203-2018,
260	260	38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
261	261	39 JULY 1, 2024]: Sec. 3. (a) A person who knowingly or intentionally
262	262	40 (1) kills another human being or
263	263	41 (2) except as provided in section 6.5 of this chapter, kills a fetus
264	264	42 in any stage of development;
265	265	2024 IN 1379—LS 7056/DI 107 7
266	266	1 while acting under sudden heat commits voluntary manslaughter, a
267	267	2 Level 2 felony.
268	268	3 (b) The existence of sudden heat is a mitigating factor that reduces
269	269	4 what otherwise would be murder under section 1(1) of this chapter to
270	270	5 voluntary manslaughter.
271	271	6 SECTION 11. IC 35-42-1-4, AS AMENDED BY P.L.203-2018,
272	272	7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
273	273	8 JULY 1, 2024]: Sec. 4. (a) As used in this section, "fetus" means a
274	274	9 fetus in any stage of development.
275	275	10 (b) A person who kills another human being while committing or
276	276	11 attempting to commit:
277	277	12 (1) a Level 5 or Level 6 felony that inherently poses a risk of
278	278	13 serious bodily injury;
279	279	14 (2) a Class A misdemeanor that inherently poses a risk of serious
280	280	15 bodily injury; or
281	281	16 (3) battery;
282	282	17 commits involuntary manslaughter, a Level 5 felony.
283	283	18 (c) Except as provided in section 6.5 of this chapter, a person who
284	284	19 kills a fetus while committing or attempting to commit:
285	285	20 (1) a Level 5 or Level 6 felony that inherently poses a risk of
286	286	21 serious bodily injury;
287	287	22 (2) a Class A misdemeanor that inherently poses a risk of serious
288	288	23 bodily injury;
289	289	24 (3) a battery offense included in IC 35-42-2; or
290	290	25 (4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a
291	291	26 vehicle while intoxicated);
292	292	27 commits involuntary manslaughter, a Level 5 felony.
293	293	28 SECTION 12. IC 35-42-1-6 IS REPEALED [EFFECTIVE JULY 1,
294	294	29 2024]. Sec. 6. (a) This section does not apply to:
295	295	30 (1) the pregnant mother whose pregnancy is terminated;
296	296	31 (2) a person who in good faith provides medical treatment to a
297	297	32 pregnant woman that results in the accidental or unintentional
298	298	33 termination of the pregnancy; or
299	299	34 (3) a physician licensed under IC 25-22.5 who, upon the request
300	300	35 of a pregnant woman, performs a medical procedure to terminate
301	301	36 her pregnancy, even if the procedure is not authorized under
302	302	37 IC 16-34-2-1.
303	303	38 (b) A person who knowingly or intentionally terminates a human
304	304	39 pregnancy with an intention other than to produce a live birth or to
305	305	40 remove a dead fetus commits feticide, a Level 3 felony.
306	306	41 SECTION 13. IC 35-42-1-6.5 IS REPEALED [EFFECTIVE JULY
307	307	42 1, 2024]. Sec. 6.5. (a) The following sections of this chapter do not
308	308	2024 IN 1379—LS 7056/DI 107 8
309	309	1 apply to an abortion performed in compliance with IC 16-34-2:
310	310	2 (1) Section 1 (murder).
311	311	3 (2) Section 3 (voluntary manslaughter).
312	312	4 (3) Section 4 (involuntary manslaughter).
313	313	5 (4) Section 6 (feticide).
314	314	6 (b) The following sections of this chapter do not apply to a pregnant
315	315	7 woman who terminates her own pregnancy or kills a fetus that she is
316	316	8 carrying:
317	317	9 (1) Section 1 (murder).
318	318	10 (2) Section 3 (voluntary manslaughter).
319	319	11 (3) Section 4 (involuntary manslaughter).
320	320	12 (4) Section 6 (feticide).
321	321	13 SECTION 14. IC 35-42-2-0.3 IS ADDED TO THE INDIANA
322	322	14 CODE AS A NEW SECTION TO READ AS FOLLOWS
323	323	15 [EFFECTIVE JULY 1, 2024]: Sec. 0.3. (a) This chapter applies to a
324	324	16 victim who is an unborn child and all human beings (as defined in
325	325	17 IC 35-31.5-2-160).
326	326	18 (b) The enforcement of this chapter is subject to the same
327	327	19 presumptions, defenses, justifications, immunities, and clemencies
328	328	20 that would apply if the victim was an individual who was born
329	329	21 alive.
330	330	22 (c) This chapter does not apply to the unintentional death of an
331	331	23 unborn child when resulting from:
332	332	24 (1) the undertaking of life-saving procedures to save the life
333	333	25 of a mother when accompanied by reasonable steps to save
334	334	26 the life of an unborn child; or
335	335	27 (2) a spontaneous miscarriage.
336	336	28 (d) If a provision of law conflicts with this section, this section
337	337	29 prevails.
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