*SB0172.1*
January 17, 2024
SENATE BILL No. 172
_____
DIGEST OF SB 172 (Updated January 16, 2024 10:35 am - DI 140)
Citations Affected: IC 5-2; IC 5-14.
Synopsis: Compensation for victims of violent crime. Amends
definitions of emergency shelter care, motor vehicle, violent crime, and
victim of a child sex crime. Changes out-of-pocket loss to out-of-pocket
expenses. Provides that certain records obtained by the victim services
division (division) of the criminal justice institute are to remain
confidential. Provides that, where justice requires, the division may
award compensation before an information or indictment is filed. Adds
procedures for claim denial by the division. Provides that an award may
not be made unless the claimant has incurred an out-of-pocket expense
or loss of income that exceeds $100. Adds that the division may order
the payment of compensation for reasonable, documented expenses that
were incurred within 180 days of the violent crime. Provides that the
director may extend the 180 days to two years for mental health
counseling. Requires written verification of all losses and expenses
requested before making an award. Adds procedures for application
denial and appeals. Repeals the law relating to payment of
compensable losses, hearings concerning the merits of an application,
decisions by a hearing officer, the reduction of awards, and appealing
the findings of a hearing officer.
Effective: July 1, 2024.
Crider
January 9, 2024, read first time and referred to Committee on Corrections and Criminal
Law.
January 16, 2024, reported favorably — Do Pass.
SB 172—LS 6848/DI 151 January 17, 2024
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.
SENATE BILL No. 172
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-6.1-2.5, AS ADDED BY P.L.121-2006,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 2.5. As used in this chapter, "emergency shelter
4 care" means temporary or transitional housing in a facility having the
5 primary purpose of providing temporary or transitional shelter for the
6 homeless or for a specific population of the homeless. a claimant to
7 avoid contact with the person who committed the violent crime
8 that is the basis for the claim.
9 SECTION 2. IC 5-2-6.1-5.5, AS ADDED BY P.L.121-2006,
10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 5.5. As used in this chapter, "motor vehicle" has
12 the meaning set forth in IC 7.1-1-3-26.3. IC 9-13-2-105.
13 SECTION 3. IC 5-2-6.1-5.7, AS ADDED BY P.L.129-2009,
14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 5.7. As used in this chapter, "out-of-pocket loss"
16 "out-of-pocket expense" means: an amount equal to the amount of
17 reimbursement
SB 172—LS 6848/DI 151 2
1 (1) funeral expenses;
2 (2) burial expenses;
3 (3) cremation expenses; and
4 (4) medical expenses that are payable under IC 27-8-10-3 for
5 each of the types of services and items provided to a victim as a
6 result of the bodily injury or death upon which an application is
7 based.
8 SECTION 4. IC 5-2-6.1-5.8 IS ADDED TO THE INDIANA CODE
9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
10 1, 2024]: Sec. 5.8. As used in this chapter, "loss of income" means
11 wages the victim would have earned had the victim not died or
12 been injured, if the victim was employed at the time of the crime.
13 SECTION 5. IC 5-2-6.1-6 IS REPEALED [EFFECTIVE JULY 1,
14 2024]. Sec. 6. As used in this chapter, "person" includes a sole
15 proprietorship, a partnership, a corporation, an association, a fiduciary,
16 and an individual.
17 SECTION 6. IC 5-2-6.1-7.5, AS ADDED BY P.L.48-2012,
18 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]: Sec. 7.5. As used in this chapter, "victim of a child sex
20 crime" means an individual who was the victim of:
21 (1) child molesting (IC 35-42-4-3(a)); (IC 35-42-4-3);
22 (2) vicarious sexual gratification (IC 35-42-4-5);
23 (3) child solicitation (IC 35-42-4-6);
24 (4) child seduction (IC 35-42-4-7); or
25 (5) incest (IC 35-46-1-3); or
26 (6) sexual misconduct with a minor (IC 35-42-4-9);
27 and was less than eighteen (18) years of age at the time the crime
28 occurred.
29 SECTION 7. IC 5-2-6.1-8, AS AMENDED BY P.L.65-2016,
30 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]: Sec. 8. As used in this chapter, "violent crime" means
32 the following:
33 (1) A crime under the Indiana Code that is a felony of any kind or
34 a Class A misdemeanor that results in bodily injury or death to the
35 victim but does not include any of the following:
36 (A) A crime under IC 9-30-5 resulting from the operation of a
37 vehicle other than a motor vehicle.
38 (B) Involuntary manslaughter resulting from the operation of
39 a motor vehicle by a person who was not intoxicated (IC
40 35-42-1-4).
41 (C) Reckless homicide resulting from the operation of a motor
42 vehicle by a person who was not intoxicated (IC 35-42-1-5).
SB 172—LS 6848/DI 151 3
1 (D) Criminal recklessness involving the use of a motor
2 vehicle, unless the offense was intentional or the person using
3 the motor vehicle was intoxicated (IC 35-42-2-2).
4 (E) A crime involving the operation of a motor vehicle if the
5 driver of the motor vehicle was not charged with an offense
6 under IC 9-30-5.
7 (F) A battery offense included in IC 35-42-2 upon a child less
8 than fourteen (14) years of age.
9 (G) Child molesting (IC 35-42-4-3).
10 (H) Child seduction (IC 35-42-4-7).
11 (2) A crime in another jurisdiction in which the elements of the
12 crime are substantially similar to the elements of a crime that, if
13 the crime results in death or bodily injury to the victim, would be
14 a felony or a Class A misdemeanor if committed in Indiana.
15 However, the term does not include any of the following:
16 (A) A crime in another jurisdiction resulting from operating a
17 vehicle, other than a motor vehicle, while intoxicated.
18 (B) A crime in another jurisdiction with elements substantially
19 similar to involuntary manslaughter resulting from the
20 operation of a motor vehicle if the crime was committed by a
21 person who was not intoxicated.
22 (C) A crime in another jurisdiction with elements substantially
23 similar to reckless homicide resulting from the operation of a
24 motor vehicle if the crime was committed by a person who was
25 not intoxicated.
26 (D) A crime in another jurisdiction with elements substantially
27 similar to criminal recklessness involving the use of a motor
28 vehicle unless the offense was intentional or the person using
29 the motor vehicle was intoxicated.
30 (E) A crime involving the operation of a motor vehicle if the
31 driver of the motor vehicle was not charged with an offense
32 under IC 9-30-5.
33 (3) A terrorist act.
34 SECTION 8. IC 5-2-6.1-11 IS AMENDED TO READ AS
35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. The division may
36 do the following:
37 (1) Require from the attorney general, the state police department,
38 local law enforcement personnel, a county department of public
39 welfare, or a prosecuting attorney copies of investigations and
40 data to assist the division in determining the validity of a
41 claimant's application for assistance under this chapter.
42 (2) Require medical examination of victims.
SB 172—LS 6848/DI 151 4
1 (3) (2) Hold hearings, administer oaths, examine any person
2 under oath, issue subpoenas requiring the attendance and giving
3 of testimony of witnesses, and require the production of books,
4 papers, and documentary or other evidence. The subpoena powers
5 provided in this subdivision may be exercised only by the director
6 of the division or the director's designated representative.
7 (4) (3) Take or cause to be taken affidavits or depositions.
8 SECTION 9. IC 5-2-6.1-11.5, AS AMENDED BY P.L.198-2016,
9 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 11.5. A claimant's: The following are
11 confidential:
12 (1) A claimant's:
13 (A) personal information (as defined in IC 9-14-6-6); and
14 (2) (B) medical records. are confidential.
15 (2) Records obtained during an investigation under section 26
16 of this chapter that are not publicly available.
17 SECTION 10. IC 5-2-6.1-13, AS AMENDED BY P.L.98-2022,
18 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]: Sec. 13. (a) Subject to subsection (b) and except as
20 provided in subsection (c), benefits may not be awarded:
21 (1) if the victim sustained the injury as a result of participating or
22 assisting in, or attempting to commit or committing a criminal act;
23 (2) if the injury occurred while the victim was a resident in a
24 county, city, or federal jail or prison or in an institution operated
25 by the department of correction;
26 (3) if the victim profited or would have profited from the criminal
27 act;
28 (4) if, at the time the injury occurred, the victim was intoxicated
29 and contributed to the commission of an unrelated felony; or
30 (5) to a claimant who contributed to the injury or death of the
31 victim.
32 (b) If the victim is a dependent child or dependent parent of the
33 person who commits a violent crime, compensation may be awarded
34 where justice requires.
35 (c) Benefits may be awarded to a person described in subsection
36 (a)(4) who is the victim of a sex crime under IC 35-42-4, a crime
37 involving domestic or family violence (as defined in IC 35-31.5-2-76),
38 or a crime of domestic violence (as defined in IC 35-31.5-2-78), or
39 incest (as defined in IC 35-46-1-3).
40 SECTION 11. IC 5-2-6.1-16, AS AMENDED BY P.L.31-2020,
41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 16. (a) A person eligible for assistance under
SB 172—LS 6848/DI 151 5
1 section 12 of this chapter may file an application for assistance with the
2 division. if the violent crime was committed in Indiana.
3 (b) Except as provided in subsections (e) and (f), the application
4 must be received by the division not more than one hundred eighty
5 (180) days after the date the crime was committed. The division may
6 grant an extension of time for good cause shown by the claimant.
7 However, and except as provided in subsections (e) and (f), the
8 division may not accept an application that is received more than two
9 (2) years after the date the crime was committed.
10 (c) The application must be filed in the office of the division in
11 person, through the division's Internet web site, or by first class or
12 certified mail. If requested, the division shall assist a victim in
13 preparing the application.
14 (d) The division shall accept all applications filed in compliance
15 with this chapter. Upon receipt of a complete application, the division
16 shall promptly begin the investigation and processing of an application.
17 (e) An alleged victim of a child sex crime may submit an application
18 to the division until the victim becomes thirty-one (31) years of age or
19 in accordance with subsection (f).
20 (f) An alleged victim of a child sex crime described in
21 IC 35-41-4-2(e) which meets the requirements of IC 35-41-4-2(p) may
22 submit an application to the division not later than five (5) years after
23 the earliest of the date on which:
24 (1) the state first discovers evidence sufficient to charge the
25 offender with the offense through DNA (deoxyribonucleic acid)
26 analysis;
27 (2) the state first becomes aware of the existence of a recording
28 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
29 to charge the offender with the offense; or
30 (3) a person confesses to the offense.
31 (g) An alleged victim of a battery offense included in IC 35-42-2
32 upon a child less than fourteen (14) years of age may submit an
33 application to the division not later than five (5) years after the
34 commission of the offense.
35 SECTION 12. IC 5-2-6.1-17, AS AMENDED BY P.L.98-2022,
36 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 17. (a) Except for an alleged victim of a child sex
38 crime, the division may not award compensation under this chapter
39 unless the violent crime was reported to a law enforcement officer not
40 more than seventy-two (72) hours after the occurrence of the crime.
41 (b) The division may not award compensation under this chapter
42 until:
SB 172—LS 6848/DI 151 6
1 (1) law enforcement and other records concerning the
2 circumstances of the crime are available; and
3 (2) any criminal investigation directly related to the crime has
4 been substantially completed.
5 (c) If the crime involved a motor vehicle, the division may not
6 award compensation under this chapter until an information or
7 indictment alleging the commission of a crime has been filed by a
8 prosecuting attorney. The division may award compensation under
9 this chapter before an information or indictment alleging the
10 commission of a crime has been filed where justice requires.
11 (d) The division may accept proof that evidence was collected
12 through a forensic exam described in IC 16-21-8 as compliance with
13 subsection (a) and as cooperation with law enforcement, as required
14 by sections 18 and 19 of this chapter.
15 SECTION 13. IC 5-2-6.1-20.5 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2024]: Sec. 20.5. The division shall deny an
18 award of compensation under this chapter if the claimant fails to
19 fully cooperate with the division in the review, investigation, and
20 processing of the claim.
21 SECTION 14. IC 5-2-6.1-21 IS REPEALED [EFFECTIVE JULY
22 1, 2024]. Sec. 21. (a) This section applies to claims filed with the
23 division after December 31, 2005, and before July 1, 2009.
24 (b) This subsection does not apply to reimbursement for forensic
25 and evidence gathering services provided under section 39 of this
26 chapter.
27 (c) An award may not be made unless the claimant has incurred an
28 out-of-pocket loss of at least one hundred dollars ($100).
29 (d) Subject to subsections (b) and (c), the division may order the
30 payment of compensation under this chapter for any of the following:
31 (1) Reasonable expenses incurred for necessary medical,
32 chiropractic, hospital, dental, psychological, optometric,
33 psychiatric, and ambulance services and prescription drugs and
34 prosthetic devices that do not exceed the claimant's out-of-pocket
35 loss.
36 (2) Loss of income the:
37 (A) victim would have earned had the victim not died or been
38 injured, if the victim was employed at the time of the crime; or
39 (B) parent, guardian, or custodian of a victim who is less than
40 eighteen (18) years of age incurred by taking time off work to
41 care for the victim.
42 A claimant seeking reimbursement under this subdivision must
SB 172—LS 6848/DI 151 7
1 provide the division with proof of employment and current wages.
2 (3) Reasonable emergency shelter care expenses, not to exceed
3 the expenses for thirty (30) days, that are incurred for the claimant
4 or a dependent of the claimant to avoid contact with a person who
5 committed the violent crime.
6 (4) Reasonable expense incurred for child care, not to exceed one
7 thousand dollars ($1,000), to replace child care the victim would
8 have supplied had the victim not died or been injured.
9 (5) Loss of financial support the victim would have supplied to
10 legal dependents had the victim not died or been injured.
11 (6) Documented expenses incurred for funeral, burial, or
12 cremation of the victim that do not exceed four thousand dollars
13 ($4,000). The division shall disburse compensation under this
14 subdivision in accordance with guidelines adopted by the
15 division.
16 (7) Other actual expenses resulting from the bodily injury or death
17 of the victim, including costs of mental health care, not to exceed
18 two thousand dollars ($2,000) for the immediate family of a
19 homicide or sex crime victim, and any other actual expenses that
20 the division determines reasonable.
21 (e) If a health care provider accepts payment from the division
22 under this chapter, the health care provider may not require the victim
23 to pay a copayment or an additional fee for the provision of services.
24 (f) A health care provider who seeks compensation from the
25 division under this chapter may not simultaneously seek funding for
26 services provided to a victim from any other source.
27 SECTION 15. IC 5-2-6.1-21.1, AS AMENDED BY THE
28 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
29 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 21.1. (a) This section applies to claims filed with
31 the division after June 30, 2009.
32 (b) This subsection section does not apply to reimbursement for
33 forensic and evidence gathering services provided under section 39 of
34 this chapter.
35 (c) An award may not be made unless the claimant has incurred an
36 out-of-pocket loss expense that exceeds of at least one hundred dollars
37 ($100) or has incurred loss of income that exceeds one hundred
38 dollars ($100).
39 (d) Subject to subsections (b) and (c), the division may order the
40 payment of compensation under this chapter for any of the following
41 reasonable, documented expenses incurred within one hundred
42 eighty (180) days after the date of the violent crime:
SB 172—LS 6848/DI 151 8
1 (1) Reasonable expenses incurred within one hundred eighty
2 (180) days after the date of the violent crime for Necessary:
3 (A) medical, chiropractic, hospital, dental, optometric, and
4 ambulance services;
5 (B) prescription drugs; and
6 (C) prosthetic devices;
7 that do not exceed the claimant's out-of-pocket loss. expense.
8 (2) Loss of income:
9 (A) the victim would have earned had the victim not died or
10 been injured, if the victim was employed at the time of the
11 violent crime; or
12 (B) the parent, guardian, or custodian of a victim who is less
13 than eighteen (18) years of age incurred by taking time off
14 from work to care for the victim; or
15 (C) the spouse of a victim incurred by taking time off from
16 work to care for the victim.
17 A claimant seeking reimbursement under this subdivision must
18 provide the division with proof of employment and current wages.
19 (3) Reasonable Emergency shelter care expenses, not to exceed
20 the expenses for thirty (30) days, that are incurred for the claimant
21 or a dependent of the claimant to avoid contact with a person who
22 committed the violent crime.
23 (4) Reasonable Expense incurred for child care, not to exceed one
24 thousand dollars ($1,000), to replace child care the victim would
25 have supplied had the victim not died or been injured.
26 (5) Loss of financial support the victim would have supplied to
27 legal dependents had the victim not died or been injured.
28 (6) Documented Expenses incurred for funeral, burial, or
29 cremation of the victim that do not exceed five thousand dollars
30 ($5,000). The division shall disburse compensation under this
31 subdivision in accordance with guidelines adopted by the
32 division.
33 (7) Outpatient mental health counseling, not to exceed three
34 thousand dollars ($3,000), concerning mental health issues related
35 to the violent crime.
36 (8) Other actual expenses related to bodily injury to or the death
37 of the victim that the division determines are reasonable.
38 (9) Replacement of windows or door locks.
39 (10) Cleanup of the scene of a violent crime.
40 (e) The division shall obtain written verification of all losses and
41 expenses requested under this section before making an award.
42 (e) (f) If a health care provider accepts payment from the division
SB 172—LS 6848/DI 151 9
1 under this chapter, the health care provider may not require the victim
2 to pay a copayment or an additional fee for the provision of services.
3 (f) (g) A health care provider who seeks compensation from the
4 division under this chapter may not simultaneously seek funding for
5 services provided to a victim from any other source.
6 (g) (h) The director may extend the one hundred eighty (180) day
7 compensation period established by subsection (d)(1) (d) for a period
8 not to exceed two (2) years after the date of the violent crime if:
9 (1) the victim or the victim's representative requests the
10 extension; and
11 (2) medical records and other documentation provided by the
12 attending medical providers indicate that an extension is
13 appropriate.
14 (h) (i) The director may extend the one hundred eighty (180) day
15 compensation period established by subsection (d)(1) (d) for outpatient
16 mental health counseling, established by subsection (d)(7) where
17 justice requires, but for a period not to exceed two (2) years. if the
18 victim:
19 (1) was allegedly a victim of a sex crime (under IC 35-42-4) or
20 incest (under IC 35-46-1-3);
21 (2) was under eighteen (18) years of age at the time of the alleged
22 crime; and
23 (3) did not reveal the crime within two (2) years after the date of
24 the alleged crime.
25 SECTION 16. IC 5-2-6.1-24, AS AMENDED BY P.L.100-2012,
26 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]: Sec. 24. The division shall employ sufficient hearing
28 officers claims analysts to review each application for an award to
29 carry out this chapter.
30 SECTION 17. IC 5-2-6.1-25 IS AMENDED TO READ AS
31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 25. (a) The division
32 shall review all applications to ensure that the applications are
33 complete.
34 (b) If an application is not complete, the application shall be
35 returned to the applicant with a brief statement of the additional
36 information required.
37 (c) The applicant may, not more than thirty (30) days after receipt
38 of the request for additional information, either supply the information
39 or appeal to seek an extension from the director. division.
40 (d) The decision of the director is final.
41 (e) (d) If:
42 (1) the applicant does not furnish additional information; or
SB 172—LS 6848/DI 151 10
1 (2) additional time is not granted by the director for good cause;
2 or
3 (3) the applicant does not appeal the request not later than thirty
4 (30) days after the request;
5 the application shall be denied.
6 SECTION 18. IC 5-2-6.1-26, AS AMENDED BY P.L.113-2014,
7 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2024]: Sec. 26. (a) If an application is complete, the division
9 shall accept the application for filing and investigate the facts stated in
10 the application.
11 (b) As part of the investigation, the division shall verify that:
12 (1) a violent crime was committed;
13 (2) the victim was killed or suffered bodily injury as a result of the
14 crime;
15 (3) the requirements of sections 13, 16(a), 16(b), 17, 18, and 19
16 of this chapter are met; and
17 (4) (3) out-of-pocket loss expense exceeded one hundred dollars
18 ($100);
19 (4) loss of income exceeded one hundred dollars ($100); and
20 (5) all other requirements of this chapter are met.
21 SECTION 19. IC 5-2-6.1-27 IS REPEALED [EFFECTIVE JULY
22 1, 2024]. Sec. 27. (a) A hearing officer may hold a hearing concerning
23 the merits of the application to allow any interested person to appear to
24 offer evidence and argument on any issue relevant to the application or
25 to the facts surrounding the bodily injury or death upon which the
26 application is based.
27 (b) If a hearing is held, the claimant shall be notified in writing by
28 certified mail with return receipt requested fifteen (15) days in advance
29 concerning the date, time, place, and scope of the hearing in
30 accordance with IC 4-21.5-3.
31 (c) A hearing must be open to the public unless the hearing officer,
32 in consultation with the director, determines that the hearing or a part
33 of the hearing should be held in private in the interest of the victim or
34 society where justice requires.
35 SECTION 20. IC 5-2-6.1-27.5 IS ADDED TO THE INDIANA
36 CODE AS A NEW SECTION TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2024]: Sec. 27.5. (a) If, after investigation of
38 the application, the division determines that the applicant does not
39 qualify for compensation, a denial letter shall be issued to the
40 applicant.
41 (b) A denial of an application under this chapter constitutes an
42 agency action for purposes of IC 4-21.5.
SB 172—LS 6848/DI 151 11
1 SECTION 21. IC 5-2-6.1-28 IS REPEALED [EFFECTIVE JULY
2 1, 2024]. Sec. 28. (a) Not more than ten (10) days after the hearing, the
3 hearing officer shall issue a written decision supported by findings of
4 fact and conclusions of law based on the record from the hearing, the
5 investigation, and the application of the claimant.
6 (b) Copies of the decision shall be mailed to the claimant at the
7 address given in the application and to the attorney general.
8 SECTION 22. IC 5-2-6.1-28.5 IS ADDED TO THE INDIANA
9 CODE AS A NEW SECTION TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2024]: Sec. 28.5. A claimant aggrieved by an
11 action under this chapter may request an appeal under IC 4-21.5
12 by making a written request to the director within thirty (30) days
13 of the date of the denial letter.
14 SECTION 23. IC 5-2-6.1-29 IS REPEALED [EFFECTIVE JULY
15 1, 2024]. Sec. 29. (a) The state or a claimant may appeal the findings
16 of the hearing officer not more than twenty-one (21) days after the date
17 of receipt of the findings by filing a written appeal with the director.
18 (b) If an appeal is filed, the director shall review the matter and
19 place the appeal on the docket for review by the division.
20 SECTION 24. IC 5-2-6.1-29.5 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2024]: Sec. 29.5. (a) The state or a claimant
23 may appeal an order issued by an administrative law judge under
24 IC 4-21.5 within twenty-one (21) days of the date of the written
25 determination by filing a written appeal with the director who shall
26 place the appeal on the docket for review by the division.
27 (b) An appeal under this section shall be limited to those facts
28 evidenced in the record or proceedings and may, at the discretion
29 of the division, be supplemented with a written statement by either
30 the division or the claimant.
31 (c) A decision by the division shall be conclusive and binding
32 upon the state and claimant, subject to judicial review under
33 IC 4-21.5.
34 SECTION 25. IC 5-2-6.1-30 IS REPEALED [EFFECTIVE JULY
35 1, 2024]. Sec. 30. A proceeding under this chapter must be according
36 to procedures adopted by the division.
37 SECTION 26. IC 5-2-6.1-31 IS REPEALED [EFFECTIVE JULY
38 1, 2024]. Sec. 31. The hearing officer may not deny an award without
39 providing the claimant with an opportunity for a hearing.
40 SECTION 27. IC 5-2-6.1-36 IS REPEALED [EFFECTIVE JULY
41 1, 2024]. Sec. 36. (a) If:
42 (1) the division determines that a claimant will suffer severe
SB 172—LS 6848/DI 151 12
1 financial hardship unless an emergency award is made; and
2 (2) it appears likely that a final award will be made;
3 an emergency award not to exceed five hundred dollars ($500) may be
4 authorized by the director or the director's designated representative.
5 (b) The amount of an emergency award is:
6 (1) deducted from the final award made by the division; and
7 (2) recoverable from the claimant if no award is made by the
8 division or to the extent that the emergency award exceeds the
9 amount of the final award.
10 SECTION 28. IC 5-14-3-4, AS AMENDED BY P.L.86-2022,
11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 4. (a) The following public records are excepted
13 from section 3 of this chapter and may not be disclosed by a public
14 agency, unless access to the records is specifically required by a state
15 or federal statute or is ordered by a court under the rules of discovery:
16 (1) Those declared confidential by state statute.
17 (2) Those declared confidential by rule adopted by a public
18 agency under specific authority to classify public records as
19 confidential granted to the public agency by statute.
20 (3) Those required to be kept confidential by federal law.
21 (4) Records containing trade secrets.
22 (5) Confidential financial information obtained, upon request,
23 from a person. However, this does not include information that is
24 filed with or received by a public agency pursuant to state statute.
25 (6) Information concerning research, including actual research
26 documents, conducted under the auspices of a state educational
27 institution, including information:
28 (A) concerning any negotiations made with respect to the
29 research; and
30 (B) received from another party involved in the research.
31 (7) Grade transcripts and license examination scores obtained as
32 part of a licensure process.
33 (8) Those declared confidential by or under rules adopted by the
34 supreme court of Indiana.
35 (9) Patient medical records and charts created by a provider,
36 unless the patient gives written consent under IC 16-39 or as
37 provided under IC 16-41-8.
38 (10) Application information declared confidential by the Indiana
39 economic development corporation under IC 5-28.
40 (11) A photograph, a video recording, or an audio recording of an
41 autopsy, except as provided in IC 36-2-14-10.
42 (12) A Social Security number contained in the records of a
SB 172—LS 6848/DI 151 13
1 public agency.
2 (13) The following information that is part of a foreclosure action
3 subject to IC 32-30-10.5:
4 (A) Contact information for a debtor, as described in
5 IC 32-30-10.5-8(d)(1)(B).
6 (B) Any document submitted to the court as part of the debtor's
7 loss mitigation package under IC 32-30-10.5-10(a)(3).
8 (14) The following information obtained from a call made to a
9 fraud hotline established under IC 36-1-8-8.5:
10 (A) The identity of any individual who makes a call to the
11 fraud hotline.
12 (B) A report, transcript, audio recording, or other information
13 concerning a call to the fraud hotline.
14 However, records described in this subdivision may be disclosed
15 to a law enforcement agency, a private university police
16 department, the attorney general, the inspector general, the state
17 examiner, or a prosecuting attorney.
18 (15) Information described in section 5(c)(3)(B) of this chapter
19 that is contained in a daily log or record described in section 5(c)
20 of this chapter for a victim of a crime or delinquent act who is less
21 than eighteen (18) years of age, unless and to the extent that:
22 (A) a parent, guardian, or custodian of the victim consents in
23 writing to public disclosure of the records; and
24 (B) that parent, guardian, or custodian of the victim has not
25 been charged with or convicted of committing a crime against
26 the victim.
27 However, records described in this subdivision may be disclosed
28 to the department of child services.
29 (b) Except as otherwise provided by subsection (a), the following
30 public records shall be excepted from section 3 of this chapter at the
31 discretion of a public agency:
32 (1) Investigatory records of law enforcement agencies or private
33 university police departments. For purposes of this chapter, a law
34 enforcement recording is not an investigatory record. However,
35 information described in subsection (a)(15) contained in a law
36 enforcement recording is exempt from disclosure, unless and to
37 the extent that a parent, guardian, or custodian of the victim
38 consents in writing to public disclosure of the records. However,
39 a parent, guardian, or custodian charged with or convicted of a
40 crime against the victim may not consent to public disclosure of
41 the records. Law enforcement agencies or private university
42 police departments may share investigatory records with: a:
SB 172—LS 6848/DI 151 14
1 (A) a person who advocates on behalf of a crime victim,
2 including a victim advocate (as defined in IC 35-37-6-3.5) or
3 a victim service provider (as defined in IC 35-37-6-5), for the
4 purposes of providing services to a victim or describing
5 services that may be available to a victim; and
6 (B) a school corporation (as defined by IC 20-18-2-16(a)),
7 charter school (as defined by IC 20-24-1-4), or nonpublic
8 school (as defined by IC 20-18-2-12) for the purpose of
9 enhancing the safety or security of a student or a school
10 facility; and
11 (C) the victim services division of the Indiana criminal
12 justice institute under IC 5-2-6-8, for the purposes of
13 conducting an investigation under IC 5-2-6.1-26.
14 without the law enforcement agency or private university police
15 department losing its discretion to keep those records confidential
16 from other records requesters. However, certain law enforcement
17 records must be made available for inspection and copying as
18 provided in section 5 of this chapter.
19 (2) The work product of an attorney representing, pursuant to
20 state employment or an appointment by a public agency:
21 (A) a public agency;
22 (B) the state; or
23 (C) an individual.
24 (3) Test questions, scoring keys, and other examination data used
25 in administering a licensing examination, examination for
26 employment, or academic examination before the examination is
27 given or if it is to be given again.
28 (4) Scores of tests if the person is identified by name and has not
29 consented to the release of the person's scores.
30 (5) The following:
31 (A) Records relating to negotiations between:
32 (i) the Indiana economic development corporation;
33 (ii) the ports of Indiana;
34 (iii) the Indiana state department of agriculture;
35 (iv) the Indiana finance authority;
36 (v) an economic development commission;
37 (vi) the Indiana White River state park development
38 commission;
39 (vii) a local economic development organization that is a
40 nonprofit corporation established under state law whose
41 primary purpose is the promotion of industrial or business
42 development in Indiana, the retention or expansion of
SB 172—LS 6848/DI 151 15
1 Indiana businesses, or the development of entrepreneurial
2 activities in Indiana; or
3 (viii) a governing body of a political subdivision;
4 with industrial, research, or commercial prospects, if the
5 records are created while negotiations are in progress.
6 However, this clause does not apply to records regarding
7 research that is prohibited under IC 16-34.5-1-2 or any other
8 law.
9 (B) Notwithstanding clause (A), the terms of the final offer of
10 public financial resources communicated by the Indiana
11 economic development corporation, the ports of Indiana, the
12 Indiana finance authority, an economic development
13 commission, the Indiana White River state park development
14 commission, or a governing body of a political subdivision to
15 an industrial, a research, or a commercial prospect shall be
16 available for inspection and copying under section 3 of this
17 chapter after negotiations with that prospect have terminated.
18 (C) When disclosing a final offer under clause (B), the Indiana
19 economic development corporation shall certify that the
20 information being disclosed accurately and completely
21 represents the terms of the final offer.
22 (D) Notwithstanding clause (A), an incentive agreement with
23 an incentive recipient shall be available for inspection and
24 copying under section 3 of this chapter after the date the
25 incentive recipient and the Indiana economic development
26 corporation execute the incentive agreement regardless of
27 whether negotiations are in progress with the recipient after
28 that date regarding a modification or extension of the incentive
29 agreement.
30 (6) Records that are intra-agency or interagency advisory or
31 deliberative material, including material developed by a private
32 contractor under a contract with a public agency, that are
33 expressions of opinion or are of a speculative nature, and that are
34 communicated for the purpose of decision making.
35 (7) Diaries, journals, or other personal notes serving as the
36 functional equivalent of a diary or journal.
37 (8) Personnel files of public employees and files of applicants for
38 public employment, except for:
39 (A) the name, compensation, job title, business address,
40 business telephone number, job description, education and
41 training background, previous work experience, or dates of
42 first and last employment of present or former officers or
SB 172—LS 6848/DI 151 16
1 employees of the agency;
2 (B) information relating to the status of any formal charges
3 against the employee; and
4 (C) the factual basis for a disciplinary action in which final
5 action has been taken and that resulted in the employee being
6 suspended, demoted, or discharged.
7 However, all personnel file information shall be made available
8 to the affected employee or the employee's representative. This
9 subdivision does not apply to disclosure of personnel information
10 generally on all employees or for groups of employees without the
11 request being particularized by employee name.
12 (9) Minutes or records of hospital medical staff meetings.
13 (10) Administrative or technical information that would
14 jeopardize a record keeping system, voting system, voter
15 registration system, or security system.
16 (11) Computer programs, computer codes, computer filing
17 systems, and other software that are owned by the public agency
18 or entrusted to it and portions of electronic maps entrusted to a
19 public agency by a utility.
20 (12) Records specifically prepared for discussion or developed
21 during discussion in an executive session under IC 5-14-1.5-6.1.
22 However, this subdivision does not apply to that information
23 required to be available for inspection and copying under
24 subdivision (8).
25 (13) The work product of the legislative services agency under
26 personnel rules approved by the legislative council.
27 (14) The work product of individual members and the partisan
28 staffs of the general assembly.
29 (15) The identity of a donor of a gift made to a public agency if:
30 (A) the donor requires nondisclosure of the donor's identity as
31 a condition of making the gift; or
32 (B) after the gift is made, the donor or a member of the donor's
33 family requests nondisclosure.
34 (16) Library or archival records:
35 (A) which can be used to identify any library patron; or
36 (B) deposited with or acquired by a library upon a condition
37 that the records be disclosed only:
38 (i) to qualified researchers;
39 (ii) after the passing of a period of years that is specified in
40 the documents under which the deposit or acquisition is
41 made; or
42 (iii) after the death of persons specified at the time of the
SB 172—LS 6848/DI 151 17
1 acquisition or deposit.
2 However, nothing in this subdivision shall limit or affect contracts
3 entered into by the Indiana state library pursuant to IC 4-1-6-8.
4 (17) The identity of any person who contacts the bureau of motor
5 vehicles concerning the ability of a driver to operate a motor
6 vehicle safely and the medical records and evaluations made by
7 the bureau of motor vehicles staff or members of the driver
8 licensing medical advisory board regarding the ability of a driver
9 to operate a motor vehicle safely. However, upon written request
10 to the commissioner of the bureau of motor vehicles, the driver
11 must be given copies of the driver's medical records and
12 evaluations.
13 (18) School safety and security measures, plans, and systems,
14 including emergency preparedness plans developed under 511
15 IAC 6.1-2-2.5.
16 (19) A record or a part of a record, the public disclosure of which
17 would have a reasonable likelihood of threatening public safety
18 by exposing a vulnerability to terrorist attack. A record described
19 under this subdivision includes the following:
20 (A) A record assembled, prepared, or maintained to prevent,
21 mitigate, or respond to an act of terrorism under IC 35-47-12-1
22 (before its repeal), an act of agricultural terrorism under
23 IC 35-47-12-2 (before its repeal), or a felony terrorist offense
24 (as defined in IC 35-50-2-18).
25 (B) Vulnerability assessments.
26 (C) Risk planning documents.
27 (D) Needs assessments.
28 (E) Threat assessments.
29 (F) Intelligence assessments.
30 (G) Domestic preparedness strategies.
31 (H) The location of community drinking water wells and
32 surface water intakes.
33 (I) The emergency contact information of emergency
34 responders and volunteers.
35 (J) Infrastructure records that disclose the configuration of
36 critical systems such as voting system and voter registration
37 system critical infrastructure, and communication, electrical,
38 ventilation, water, and wastewater systems.
39 (K) Detailed drawings or specifications of structural elements,
40 floor plans, and operating, utility, or security systems, whether
41 in paper or electronic form, of any building or facility located
42 on an airport (as defined in IC 8-21-1-1) that is owned,
SB 172—LS 6848/DI 151 18
1 occupied, leased, or maintained by a public agency, or any part
2 of a law enforcement recording that captures information
3 about airport security procedures, areas, or systems. A record
4 described in this clause may not be released for public
5 inspection by any public agency without the prior approval of
6 the public agency that owns, occupies, leases, or maintains the
7 airport. Both of the following apply to the public agency that
8 owns, occupies, leases, or maintains the airport:
9 (i) The public agency is responsible for determining whether
10 the public disclosure of a record or a part of a record,
11 including a law enforcement recording, has a reasonable
12 likelihood of threatening public safety by exposing a
13 security procedure, area, system, or vulnerability to terrorist
14 attack.
15 (ii) The public agency must identify a record described
16 under item (i) and clearly mark the record as "confidential
17 and not subject to public disclosure under
18 IC 5-14-3-4(b)(19)(J) without approval of (insert name of
19 submitting public agency)". However, in the case of a law
20 enforcement recording, the public agency must clearly mark
21 the record as "confidential and not subject to public
22 disclosure under IC 5-14-3-4(b)(19)(K) without approval of
23 (insert name of the public agency that owns, occupies,
24 leases, or maintains the airport)".
25 (L) The home address, home telephone number, and
26 emergency contact information for any:
27 (i) emergency management worker (as defined in
28 IC 10-14-3-3);
29 (ii) public safety officer (as defined in IC 35-47-4.5-3);
30 (iii) emergency medical responder (as defined in
31 IC 16-18-2-109.8); or
32 (iv) advanced emergency medical technician (as defined in
33 IC 16-18-2-6.5).
34 This subdivision does not apply to a record or portion of a record
35 pertaining to a location or structure owned or protected by a
36 public agency in the event that an act of terrorism under
37 IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
38 under IC 35-47-12-2 (before its repeal), or a felony terrorist
39 offense (as defined in IC 35-50-2-18) has occurred at that location
40 or structure, unless release of the record or portion of the record
41 would have a reasonable likelihood of threatening public safety
42 by exposing a vulnerability of other locations or structures to
SB 172—LS 6848/DI 151 19
1 terrorist attack.
2 (20) The following personal information concerning a customer
3 of a municipally owned utility (as defined in IC 8-1-2-1):
4 (A) Telephone number.
5 (B) Address.
6 (C) Social Security number.
7 (21) The following personal information about a complainant
8 contained in records of a law enforcement agency:
9 (A) Telephone number.
10 (B) The complainant's address. However, if the complainant's
11 address is the location of the suspected crime, infraction,
12 accident, or complaint reported, the address shall be made
13 available for public inspection and copying.
14 (22) Notwithstanding subdivision (8)(A), the name,
15 compensation, job title, business address, business telephone
16 number, job description, education and training background,
17 previous work experience, or dates of first employment of a law
18 enforcement officer who is operating in an undercover capacity.
19 (23) Records requested by an offender, an agent, or a relative of
20 an offender that:
21 (A) contain personal information relating to:
22 (i) a correctional officer (as defined in IC 5-10-10-1.5);
23 (ii) a probation officer;
24 (iii) a community corrections officer;
25 (iv) a law enforcement officer (as defined in
26 IC 35-31.5-2-185);
27 (v) a judge (as defined in IC 33-38-12-3);
28 (vi) the victim of a crime; or
29 (vii) a family member of a correctional officer, probation
30 officer, community corrections officer, law enforcement
31 officer (as defined in IC 35-31.5-2-185), judge (as defined
32 in IC 33-38-12-3), or victim of a crime; or
33 (B) concern or could affect the security of a jail or correctional
34 facility.
35 For purposes of this subdivision, "agent" means a person who is
36 authorized by an offender to act on behalf of, or at the direction
37 of, the offender, and "relative" has the meaning set forth in
38 IC 35-42-2-1(b). However, the term "agent" does not include an
39 attorney in good standing admitted to the practice of law in
40 Indiana.
41 (24) Information concerning an individual less than eighteen (18)
42 years of age who participates in a conference, meeting, program,
SB 172—LS 6848/DI 151 20
1 or activity conducted or supervised by a state educational
2 institution, including the following information regarding the
3 individual or the individual's parent or guardian:
4 (A) Name.
5 (B) Address.
6 (C) Telephone number.
7 (D) Electronic mail account address.
8 (25) Criminal intelligence information.
9 (26) The following information contained in a report of unclaimed
10 property under IC 32-34-1.5-18 or in a claim for unclaimed
11 property under IC 32-34-1.5-48:
12 (A) Date of birth.
13 (B) Driver's license number.
14 (C) Taxpayer identification number.
15 (D) Employer identification number.
16 (E) Account number.
17 (27) Except as provided in subdivision (19) and sections 5.1 and
18 5.2 of this chapter, a law enforcement recording. However, before
19 disclosing the recording, the public agency must comply with the
20 obscuring requirements of sections 5.1 and 5.2 of this chapter, if
21 applicable.
22 (28) Records relating to negotiations between a state educational
23 institution and another entity concerning the establishment of a
24 collaborative relationship or venture to advance the research,
25 engagement, or educational mission of the state educational
26 institution, if the records are created while negotiations are in
27 progress. The terms of the final offer of public financial resources
28 communicated by the state educational institution to an industrial,
29 a research, or a commercial prospect shall be available for
30 inspection and copying under section 3 of this chapter after
31 negotiations with that prospect have terminated. However, this
32 subdivision does not apply to records regarding research
33 prohibited under IC 16-34.5-1-2 or any other law.
34 (c) Nothing contained in subsection (b) shall limit or affect the right
35 of a person to inspect and copy a public record required or directed to
36 be made by any statute or by any rule of a public agency.
37 (d) Notwithstanding any other law, a public record that is classified
38 as confidential, other than a record concerning an adoption or patient
39 medical records, shall be made available for inspection and copying
40 seventy-five (75) years after the creation of that record.
41 (e) Only the content of a public record may form the basis for the
42 adoption by any public agency of a rule or procedure creating an
SB 172—LS 6848/DI 151 21
1 exception from disclosure under this section.
2 (f) Except as provided by law, a public agency may not adopt a rule
3 or procedure that creates an exception from disclosure under this
4 section based upon whether a public record is stored or accessed using
5 paper, electronic media, magnetic media, optical media, or other
6 information storage technology.
7 (g) Except as provided by law, a public agency may not adopt a rule
8 or procedure nor impose any costs or liabilities that impede or restrict
9 the reproduction or dissemination of any public record.
10 (h) Notwithstanding subsection (d) and section 7 of this chapter:
11 (1) public records subject to IC 5-15 may be destroyed only in
12 accordance with record retention schedules under IC 5-15; or
13 (2) public records not subject to IC 5-15 may be destroyed in the
14 ordinary course of business.
SB 172—LS 6848/DI 151 22
COMMITTEE REPORT
Madam President: The Senate Committee on Corrections and
Criminal Law, to which was referred Senate Bill No. 172, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
(Reference is to SB 172 as introduced.)
FREEMAN, Chairperson
Committee Vote: Yeas 8, Nays 0
SB 172—LS 6848/DI 151