Indiana 2024 Regular Session

Indiana House Bill HB1421 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1421
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 5-2-6.1; IC 5-14-3-4.
77 Synopsis: Victims assistance fund. Provides that certain records
88 obtained by the Indiana criminal justice institute during an
99 investigation into a claim for compensation from the violent crime
1010 victims compensation fund are confidential. Increases the amount a
1111 claimant may be awarded from the violent crime victims compensation
1212 fund from $15,000 to $25,000.
1313 Effective: July 1, 2024.
1414 Fleming, Hamilton, Errington
1515 January 16, 2024, read first time and referred to Committee on Courts and Criminal Code.
1616 2024 IN 1421—LS 6625/DI 149 Introduced
1717 Second Regular Session of the 123rd General Assembly (2024)
1818 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
1919 Constitution) is being amended, the text of the existing provision will appear in this style type,
2020 additions will appear in this style type, and deletions will appear in this style type.
2121 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2222 provision adopted), the text of the new provision will appear in this style type. Also, the
2323 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2424 a new provision to the Indiana Code or the Indiana Constitution.
2525 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2626 between statutes enacted by the 2023 Regular Session of the General Assembly.
2727 HOUSE BILL No. 1421
2828 A BILL FOR AN ACT to amend the Indiana Code concerning state
2929 and local administration.
3030 Be it enacted by the General Assembly of the State of Indiana:
3131 1 SECTION 1. IC 5-2-6.1-11.5, AS AMENDED BY P.L.198-2016,
3232 2 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3333 3 JULY 1, 2024]: Sec. 11.5. A claimant's: The following are
3434 4 confidential:
3535 5 (1) A claimant's:
3636 6 (A) personal information (as defined in IC 9-14-6-6); and
3737 7 (2) (B) medical records.
3838 8 (2) Records obtained during an investigation under section 26
3939 9 of this chapter that are not publically available.
4040 10 are confidential.
4141 11 SECTION 2. IC 5-2-6.1-35, AS AMENDED BY P.L.121-2006,
4242 12 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4343 13 JULY 1, 2024]: Sec. 35. (a) An award to a claimant under this chapter:
4444 14 (1) may not exceed fifteen twenty-five thousand dollars
4545 15 ($15,000); ($25,000); and
4646 16 (2) may not cover the first one hundred dollars ($100) of the
4747 17 claim.
4848 2024 IN 1421—LS 6625/DI 149 2
4949 1 (b) The part of an award covering an unpaid bill shall be made
5050 2 payable to the service provider.
5151 3 SECTION 3. IC 5-14-3-4, AS AMENDED BY P.L.86-2022,
5252 4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5353 5 JULY 1, 2024]: Sec. 4. (a) The following public records are excepted
5454 6 from section 3 of this chapter and may not be disclosed by a public
5555 7 agency, unless access to the records is specifically required by a state
5656 8 or federal statute or is ordered by a court under the rules of discovery:
5757 9 (1) Those declared confidential by state statute.
5858 10 (2) Those declared confidential by rule adopted by a public
5959 11 agency under specific authority to classify public records as
6060 12 confidential granted to the public agency by statute.
6161 13 (3) Those required to be kept confidential by federal law.
6262 14 (4) Records containing trade secrets.
6363 15 (5) Confidential financial information obtained, upon request,
6464 16 from a person. However, this does not include information that is
6565 17 filed with or received by a public agency pursuant to state statute.
6666 18 (6) Information concerning research, including actual research
6767 19 documents, conducted under the auspices of a state educational
6868 20 institution, including information:
6969 21 (A) concerning any negotiations made with respect to the
7070 22 research; and
7171 23 (B) received from another party involved in the research.
7272 24 (7) Grade transcripts and license examination scores obtained as
7373 25 part of a licensure process.
7474 26 (8) Those declared confidential by or under rules adopted by the
7575 27 supreme court of Indiana.
7676 28 (9) Patient medical records and charts created by a provider,
7777 29 unless the patient gives written consent under IC 16-39 or as
7878 30 provided under IC 16-41-8.
7979 31 (10) Application information declared confidential by the Indiana
8080 32 economic development corporation under IC 5-28.
8181 33 (11) A photograph, a video recording, or an audio recording of an
8282 34 autopsy, except as provided in IC 36-2-14-10.
8383 35 (12) A Social Security number contained in the records of a
8484 36 public agency.
8585 37 (13) The following information that is part of a foreclosure action
8686 38 subject to IC 32-30-10.5:
8787 39 (A) Contact information for a debtor, as described in
8888 40 IC 32-30-10.5-8(d)(1)(B).
8989 41 (B) Any document submitted to the court as part of the debtor's
9090 42 loss mitigation package under IC 32-30-10.5-10(a)(3).
9191 2024 IN 1421—LS 6625/DI 149 3
9292 1 (14) The following information obtained from a call made to a
9393 2 fraud hotline established under IC 36-1-8-8.5:
9494 3 (A) The identity of any individual who makes a call to the
9595 4 fraud hotline.
9696 5 (B) A report, transcript, audio recording, or other information
9797 6 concerning a call to the fraud hotline.
9898 7 However, records described in this subdivision may be disclosed
9999 8 to a law enforcement agency, a private university police
100100 9 department, the attorney general, the inspector general, the state
101101 10 examiner, or a prosecuting attorney.
102102 11 (15) Information described in section 5(c)(3)(B) of this chapter
103103 12 that is contained in a daily log or record described in section 5(c)
104104 13 of this chapter for a victim of a crime or delinquent act who is less
105105 14 than eighteen (18) years of age, unless and to the extent that:
106106 15 (A) a parent, guardian, or custodian of the victim consents in
107107 16 writing to public disclosure of the records; and
108108 17 (B) that parent, guardian, or custodian of the victim has not
109109 18 been charged with or convicted of committing a crime against
110110 19 the victim.
111111 20 However, records described in this subdivision may be disclosed
112112 21 to the department of child services.
113113 22 (b) Except as otherwise provided by subsection (a), the following
114114 23 public records shall be excepted from section 3 of this chapter at the
115115 24 discretion of a public agency:
116116 25 (1) Investigatory records of law enforcement agencies or private
117117 26 university police departments. For purposes of this chapter, a law
118118 27 enforcement recording is not an investigatory record. However,
119119 28 information described in subsection (a)(15) contained in a law
120120 29 enforcement recording is exempt from disclosure, unless and to
121121 30 the extent that a parent, guardian, or custodian of the victim
122122 31 consents in writing to public disclosure of the records. However,
123123 32 a parent, guardian, or custodian charged with or convicted of a
124124 33 crime against the victim may not consent to public disclosure of
125125 34 the records. Law enforcement agencies or private university
126126 35 police departments may share investigatory records with: a:
127127 36 (A) a person who advocates on behalf of a crime victim,
128128 37 including a victim advocate (as defined in IC 35-37-6-3.5) or
129129 38 a victim service provider (as defined in IC 35-37-6-5), for the
130130 39 purposes of providing services to a victim or describing
131131 40 services that may be available to a victim; and
132132 41 (B) a school corporation (as defined by IC 20-18-2-16(a)),
133133 42 charter school (as defined by IC 20-24-1-4), or nonpublic
134134 2024 IN 1421—LS 6625/DI 149 4
135135 1 school (as defined by IC 20-18-2-12) for the purpose of
136136 2 enhancing the safety or security of a student or a school
137137 3 facility; and
138138 4 (C) the victim services division of the Indiana criminal
139139 5 justice institute under IC 5-2-6-8, for the purposes of
140140 6 conducting an investigation under IC 5-2-6.1-26;
141141 7 without the law enforcement agency or private university police
142142 8 department losing its discretion to keep those records confidential
143143 9 from other records requesters. However, certain law enforcement
144144 10 records must be made available for inspection and copying as
145145 11 provided in section 5 of this chapter.
146146 12 (2) The work product of an attorney representing, pursuant to
147147 13 state employment or an appointment by a public agency:
148148 14 (A) a public agency;
149149 15 (B) the state; or
150150 16 (C) an individual.
151151 17 (3) Test questions, scoring keys, and other examination data used
152152 18 in administering a licensing examination, examination for
153153 19 employment, or academic examination before the examination is
154154 20 given or if it is to be given again.
155155 21 (4) Scores of tests if the person is identified by name and has not
156156 22 consented to the release of the person's scores.
157157 23 (5) The following:
158158 24 (A) Records relating to negotiations between:
159159 25 (i) the Indiana economic development corporation;
160160 26 (ii) the ports of Indiana;
161161 27 (iii) the Indiana state department of agriculture;
162162 28 (iv) the Indiana finance authority;
163163 29 (v) an economic development commission;
164164 30 (vi) the Indiana White River state park development
165165 31 commission;
166166 32 (vii) a local economic development organization that is a
167167 33 nonprofit corporation established under state law whose
168168 34 primary purpose is the promotion of industrial or business
169169 35 development in Indiana, the retention or expansion of
170170 36 Indiana businesses, or the development of entrepreneurial
171171 37 activities in Indiana; or
172172 38 (viii) a governing body of a political subdivision;
173173 39 with industrial, research, or commercial prospects, if the
174174 40 records are created while negotiations are in progress.
175175 41 However, this clause does not apply to records regarding
176176 42 research that is prohibited under IC 16-34.5-1-2 or any other
177177 2024 IN 1421—LS 6625/DI 149 5
178178 1 law.
179179 2 (B) Notwithstanding clause (A), the terms of the final offer of
180180 3 public financial resources communicated by the Indiana
181181 4 economic development corporation, the ports of Indiana, the
182182 5 Indiana finance authority, an economic development
183183 6 commission, the Indiana White River state park development
184184 7 commission, or a governing body of a political subdivision to
185185 8 an industrial, a research, or a commercial prospect shall be
186186 9 available for inspection and copying under section 3 of this
187187 10 chapter after negotiations with that prospect have terminated.
188188 11 (C) When disclosing a final offer under clause (B), the Indiana
189189 12 economic development corporation shall certify that the
190190 13 information being disclosed accurately and completely
191191 14 represents the terms of the final offer.
192192 15 (D) Notwithstanding clause (A), an incentive agreement with
193193 16 an incentive recipient shall be available for inspection and
194194 17 copying under section 3 of this chapter after the date the
195195 18 incentive recipient and the Indiana economic development
196196 19 corporation execute the incentive agreement regardless of
197197 20 whether negotiations are in progress with the recipient after
198198 21 that date regarding a modification or extension of the incentive
199199 22 agreement.
200200 23 (6) Records that are intra-agency or interagency advisory or
201201 24 deliberative material, including material developed by a private
202202 25 contractor under a contract with a public agency, that are
203203 26 expressions of opinion or are of a speculative nature, and that are
204204 27 communicated for the purpose of decision making.
205205 28 (7) Diaries, journals, or other personal notes serving as the
206206 29 functional equivalent of a diary or journal.
207207 30 (8) Personnel files of public employees and files of applicants for
208208 31 public employment, except for:
209209 32 (A) the name, compensation, job title, business address,
210210 33 business telephone number, job description, education and
211211 34 training background, previous work experience, or dates of
212212 35 first and last employment of present or former officers or
213213 36 employees of the agency;
214214 37 (B) information relating to the status of any formal charges
215215 38 against the employee; and
216216 39 (C) the factual basis for a disciplinary action in which final
217217 40 action has been taken and that resulted in the employee being
218218 41 suspended, demoted, or discharged.
219219 42 However, all personnel file information shall be made available
220220 2024 IN 1421—LS 6625/DI 149 6
221221 1 to the affected employee or the employee's representative. This
222222 2 subdivision does not apply to disclosure of personnel information
223223 3 generally on all employees or for groups of employees without the
224224 4 request being particularized by employee name.
225225 5 (9) Minutes or records of hospital medical staff meetings.
226226 6 (10) Administrative or technical information that would
227227 7 jeopardize a record keeping system, voting system, voter
228228 8 registration system, or security system.
229229 9 (11) Computer programs, computer codes, computer filing
230230 10 systems, and other software that are owned by the public agency
231231 11 or entrusted to it and portions of electronic maps entrusted to a
232232 12 public agency by a utility.
233233 13 (12) Records specifically prepared for discussion or developed
234234 14 during discussion in an executive session under IC 5-14-1.5-6.1.
235235 15 However, this subdivision does not apply to that information
236236 16 required to be available for inspection and copying under
237237 17 subdivision (8).
238238 18 (13) The work product of the legislative services agency under
239239 19 personnel rules approved by the legislative council.
240240 20 (14) The work product of individual members and the partisan
241241 21 staffs of the general assembly.
242242 22 (15) The identity of a donor of a gift made to a public agency if:
243243 23 (A) the donor requires nondisclosure of the donor's identity as
244244 24 a condition of making the gift; or
245245 25 (B) after the gift is made, the donor or a member of the donor's
246246 26 family requests nondisclosure.
247247 27 (16) Library or archival records:
248248 28 (A) which can be used to identify any library patron; or
249249 29 (B) deposited with or acquired by a library upon a condition
250250 30 that the records be disclosed only:
251251 31 (i) to qualified researchers;
252252 32 (ii) after the passing of a period of years that is specified in
253253 33 the documents under which the deposit or acquisition is
254254 34 made; or
255255 35 (iii) after the death of persons specified at the time of the
256256 36 acquisition or deposit.
257257 37 However, nothing in this subdivision shall limit or affect contracts
258258 38 entered into by the Indiana state library pursuant to IC 4-1-6-8.
259259 39 (17) The identity of any person who contacts the bureau of motor
260260 40 vehicles concerning the ability of a driver to operate a motor
261261 41 vehicle safely and the medical records and evaluations made by
262262 42 the bureau of motor vehicles staff or members of the driver
263263 2024 IN 1421—LS 6625/DI 149 7
264264 1 licensing medical advisory board regarding the ability of a driver
265265 2 to operate a motor vehicle safely. However, upon written request
266266 3 to the commissioner of the bureau of motor vehicles, the driver
267267 4 must be given copies of the driver's medical records and
268268 5 evaluations.
269269 6 (18) School safety and security measures, plans, and systems,
270270 7 including emergency preparedness plans developed under 511
271271 8 IAC 6.1-2-2.5.
272272 9 (19) A record or a part of a record, the public disclosure of which
273273 10 would have a reasonable likelihood of threatening public safety
274274 11 by exposing a vulnerability to terrorist attack. A record described
275275 12 under this subdivision includes the following:
276276 13 (A) A record assembled, prepared, or maintained to prevent,
277277 14 mitigate, or respond to an act of terrorism under IC 35-47-12-1
278278 15 (before its repeal), an act of agricultural terrorism under
279279 16 IC 35-47-12-2 (before its repeal), or a felony terrorist offense
280280 17 (as defined in IC 35-50-2-18).
281281 18 (B) Vulnerability assessments.
282282 19 (C) Risk planning documents.
283283 20 (D) Needs assessments.
284284 21 (E) Threat assessments.
285285 22 (F) Intelligence assessments.
286286 23 (G) Domestic preparedness strategies.
287287 24 (H) The location of community drinking water wells and
288288 25 surface water intakes.
289289 26 (I) The emergency contact information of emergency
290290 27 responders and volunteers.
291291 28 (J) Infrastructure records that disclose the configuration of
292292 29 critical systems such as voting system and voter registration
293293 30 system critical infrastructure, and communication, electrical,
294294 31 ventilation, water, and wastewater systems.
295295 32 (K) Detailed drawings or specifications of structural elements,
296296 33 floor plans, and operating, utility, or security systems, whether
297297 34 in paper or electronic form, of any building or facility located
298298 35 on an airport (as defined in IC 8-21-1-1) that is owned,
299299 36 occupied, leased, or maintained by a public agency, or any part
300300 37 of a law enforcement recording that captures information
301301 38 about airport security procedures, areas, or systems. A record
302302 39 described in this clause may not be released for public
303303 40 inspection by any public agency without the prior approval of
304304 41 the public agency that owns, occupies, leases, or maintains the
305305 42 airport. Both of the following apply to the public agency that
306306 2024 IN 1421—LS 6625/DI 149 8
307307 1 owns, occupies, leases, or maintains the airport:
308308 2 (i) The public agency is responsible for determining whether
309309 3 the public disclosure of a record or a part of a record,
310310 4 including a law enforcement recording, has a reasonable
311311 5 likelihood of threatening public safety by exposing a
312312 6 security procedure, area, system, or vulnerability to terrorist
313313 7 attack.
314314 8 (ii) The public agency must identify a record described
315315 9 under item (i) and clearly mark the record as "confidential
316316 10 and not subject to public disclosure under
317317 11 IC 5-14-3-4(b)(19)(J) without approval of (insert name of
318318 12 submitting public agency)". However, in the case of a law
319319 13 enforcement recording, the public agency must clearly mark
320320 14 the record as "confidential and not subject to public
321321 15 disclosure under IC 5-14-3-4(b)(19)(K) without approval of
322322 16 (insert name of the public agency that owns, occupies,
323323 17 leases, or maintains the airport)".
324324 18 (L) The home address, home telephone number, and
325325 19 emergency contact information for any:
326326 20 (i) emergency management worker (as defined in
327327 21 IC 10-14-3-3);
328328 22 (ii) public safety officer (as defined in IC 35-47-4.5-3);
329329 23 (iii) emergency medical responder (as defined in
330330 24 IC 16-18-2-109.8); or
331331 25 (iv) advanced emergency medical technician (as defined in
332332 26 IC 16-18-2-6.5).
333333 27 This subdivision does not apply to a record or portion of a record
334334 28 pertaining to a location or structure owned or protected by a
335335 29 public agency in the event that an act of terrorism under
336336 30 IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
337337 31 under IC 35-47-12-2 (before its repeal), or a felony terrorist
338338 32 offense (as defined in IC 35-50-2-18) has occurred at that location
339339 33 or structure, unless release of the record or portion of the record
340340 34 would have a reasonable likelihood of threatening public safety
341341 35 by exposing a vulnerability of other locations or structures to
342342 36 terrorist attack.
343343 37 (20) The following personal information concerning a customer
344344 38 of a municipally owned utility (as defined in IC 8-1-2-1):
345345 39 (A) Telephone number.
346346 40 (B) Address.
347347 41 (C) Social Security number.
348348 42 (21) The following personal information about a complainant
349349 2024 IN 1421—LS 6625/DI 149 9
350350 1 contained in records of a law enforcement agency:
351351 2 (A) Telephone number.
352352 3 (B) The complainant's address. However, if the complainant's
353353 4 address is the location of the suspected crime, infraction,
354354 5 accident, or complaint reported, the address shall be made
355355 6 available for public inspection and copying.
356356 7 (22) Notwithstanding subdivision (8)(A), the name,
357357 8 compensation, job title, business address, business telephone
358358 9 number, job description, education and training background,
359359 10 previous work experience, or dates of first employment of a law
360360 11 enforcement officer who is operating in an undercover capacity.
361361 12 (23) Records requested by an offender, an agent, or a relative of
362362 13 an offender that:
363363 14 (A) contain personal information relating to:
364364 15 (i) a correctional officer (as defined in IC 5-10-10-1.5);
365365 16 (ii) a probation officer;
366366 17 (iii) a community corrections officer;
367367 18 (iv) a law enforcement officer (as defined in
368368 19 IC 35-31.5-2-185);
369369 20 (v) a judge (as defined in IC 33-38-12-3);
370370 21 (vi) the victim of a crime; or
371371 22 (vii) a family member of a correctional officer, probation
372372 23 officer, community corrections officer, law enforcement
373373 24 officer (as defined in IC 35-31.5-2-185), judge (as defined
374374 25 in IC 33-38-12-3), or victim of a crime; or
375375 26 (B) concern or could affect the security of a jail or correctional
376376 27 facility.
377377 28 For purposes of this subdivision, "agent" means a person who is
378378 29 authorized by an offender to act on behalf of, or at the direction
379379 30 of, the offender, and "relative" has the meaning set forth in
380380 31 IC 35-42-2-1(b). However, the term "agent" does not include an
381381 32 attorney in good standing admitted to the practice of law in
382382 33 Indiana.
383383 34 (24) Information concerning an individual less than eighteen (18)
384384 35 years of age who participates in a conference, meeting, program,
385385 36 or activity conducted or supervised by a state educational
386386 37 institution, including the following information regarding the
387387 38 individual or the individual's parent or guardian:
388388 39 (A) Name.
389389 40 (B) Address.
390390 41 (C) Telephone number.
391391 42 (D) Electronic mail account address.
392392 2024 IN 1421—LS 6625/DI 149 10
393393 1 (25) Criminal intelligence information.
394394 2 (26) The following information contained in a report of unclaimed
395395 3 property under IC 32-34-1.5-18 or in a claim for unclaimed
396396 4 property under IC 32-34-1.5-48:
397397 5 (A) Date of birth.
398398 6 (B) Driver's license number.
399399 7 (C) Taxpayer identification number.
400400 8 (D) Employer identification number.
401401 9 (E) Account number.
402402 10 (27) Except as provided in subdivision (19) and sections 5.1 and
403403 11 5.2 of this chapter, a law enforcement recording. However, before
404404 12 disclosing the recording, the public agency must comply with the
405405 13 obscuring requirements of sections 5.1 and 5.2 of this chapter, if
406406 14 applicable.
407407 15 (28) Records relating to negotiations between a state educational
408408 16 institution and another entity concerning the establishment of a
409409 17 collaborative relationship or venture to advance the research,
410410 18 engagement, or educational mission of the state educational
411411 19 institution, if the records are created while negotiations are in
412412 20 progress. The terms of the final offer of public financial resources
413413 21 communicated by the state educational institution to an industrial,
414414 22 a research, or a commercial prospect shall be available for
415415 23 inspection and copying under section 3 of this chapter after
416416 24 negotiations with that prospect have terminated. However, this
417417 25 subdivision does not apply to records regarding research
418418 26 prohibited under IC 16-34.5-1-2 or any other law.
419419 27 (c) Nothing contained in subsection (b) shall limit or affect the right
420420 28 of a person to inspect and copy a public record required or directed to
421421 29 be made by any statute or by any rule of a public agency.
422422 30 (d) Notwithstanding any other law, a public record that is classified
423423 31 as confidential, other than a record concerning an adoption or patient
424424 32 medical records, shall be made available for inspection and copying
425425 33 seventy-five (75) years after the creation of that record.
426426 34 (e) Only the content of a public record may form the basis for the
427427 35 adoption by any public agency of a rule or procedure creating an
428428 36 exception from disclosure under this section.
429429 37 (f) Except as provided by law, a public agency may not adopt a rule
430430 38 or procedure that creates an exception from disclosure under this
431431 39 section based upon whether a public record is stored or accessed using
432432 40 paper, electronic media, magnetic media, optical media, or other
433433 41 information storage technology.
434434 42 (g) Except as provided by law, a public agency may not adopt a rule
435435 2024 IN 1421—LS 6625/DI 149 11
436436 1 or procedure nor impose any costs or liabilities that impede or restrict
437437 2 the reproduction or dissemination of any public record.
438438 3 (h) Notwithstanding subsection (d) and section 7 of this chapter:
439439 4 (1) public records subject to IC 5-15 may be destroyed only in
440440 5 accordance with record retention schedules under IC 5-15; or
441441 6 (2) public records not subject to IC 5-15 may be destroyed in the
442442 7 ordinary course of business.
443443 2024 IN 1421—LS 6625/DI 149