Indiana 2024 Regular Session

Indiana Senate Bill SB0172 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0172.1
	2	+	February 15, 2024
	3	+	ENGROSSED
	4	+	SENATE BILL No. 172
	5	+	_____
	6	+	DIGEST OF SB 172 (Updated February 14, 2024 12:49 pm - DI 106)
	7	+	Citations Affected: IC 5-2; IC 5-14.
	8	+	Synopsis: Compensation for victims of violent crime. Amends
	9	+	definitions of emergency shelter care, motor vehicle, violent crime, and
	10	+	victim of a child sex crime. Changes out-of-pocket loss to out-of-pocket
	11	+	expenses. Provides that certain records obtained by the victim services
	12	+	division (division) of the criminal justice institute are to remain
	13	+	confidential. Provides that, where justice requires, the division may
	14	+	award compensation before an information or indictment is filed. Adds
	15	+	procedures for claim denial by the division. Provides that an award may
	16	+	not be made unless the claimant has incurred an out-of-pocket expense
	17	+	(Continued next page)
	18	+	Effective: July 1, 2024.
	19	+	Crider, Koch, Carrasco, Freeman,
	20	+	Pol Jr., Taylor G
	21	+	(HOUSE SPONSOR — MCNAMARA)
	22	+	January 9, 2024, read first time and referred to Committee on Corrections and Criminal
	23	+	Law.
	24	+	January 16, 2024, reported favorably — Do Pass.
	25	+	January 18, 2024, read second time, ordered engrossed. Engrossed.
	26	+	January 22, 2024, read third time, passed. Yeas 46, nays 0.
	27	+	HOUSE ACTION
	28	+	February 6, 2024, read first time and referred to Committee on Courts and Criminal Code.
	29	+	February 15, 2024, amended, reported — Do Pass.
	30	+	ES 172—LS 6848/DI 151 Digest Continued
	31	+	or loss of income that exceeds $100. Adds that the division may order
	32	+	the payment of compensation for reasonable, documented expenses that
	33	+	were incurred within 180 days of the violent crime. Provides that the
	34	+	director may extend the 180 days to two years for mental health
	35	+	counseling. Requires written verification of all losses and expenses
	36	+	requested before making an award. Adds procedures for application
	37	+	denial and appeals. Repeals the law relating to payment of
	38	+	compensable losses, hearings concerning the merits of an application,
	39	+	decisions by a hearing officer, the reduction of awards, and appealing
	40	+	the findings of a hearing officer.
	41	+	ES 172—LS 6848/DI 151ES 172—LS 6848/DI 151 February 15, 2024
1	42		Second Regular Session of the 123rd General Assembly (2024)
2	43		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	44		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	45		additions will appear in this style type, and deletions will appear in this style type.
5	46		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	47		provision adopted), the text of the new provision will appear in this style type. Also, the
7	48		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	49		a new provision to the Indiana Code or the Indiana Constitution.
9	50		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	51		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 172
12		-	AN ACT to amend the Indiana Code concerning state and local
13		-	administration.
	52	+	ENGROSSED
	53	+	SENATE BILL No. 172
	54	+	A BILL FOR AN ACT to amend the Indiana Code concerning state
	55	+	and local administration.
14	56		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 5-2-6.1-2.5, AS ADDED BY P.L.121-2006,
16		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2024]: Sec. 2.5. As used in this chapter, "emergency shelter
18		-	care" means temporary or transitional housing in a facility having the
19		-	primary purpose of providing temporary or transitional shelter for the
20		-	homeless or for a specific population of the homeless. a claimant to
21		-	avoid contact with the person who committed the violent crime
22		-	that is the basis for the claim.
23		-	SECTION 2. IC 5-2-6.1-5.5, AS ADDED BY P.L.121-2006,
24		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25		-	JULY 1, 2024]: Sec. 5.5. As used in this chapter, "motor vehicle" has
26		-	the meaning set forth in IC 7.1-1-3-26.3. IC 9-13-2-105.
27		-	SECTION 3. IC 5-2-6.1-5.7, AS ADDED BY P.L.129-2009,
28		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29		-	JULY 1, 2024]: Sec. 5.7. As used in this chapter, "out-of-pocket loss"
30		-	"out-of-pocket expense" means: an amount equal to the amount of
31		-	reimbursement
32		-	(1) funeral expenses;
33		-	(2) burial expenses;
34		-	(3) cremation expenses; and
35		-	(4) medical expenses that are payable under IC 27-8-10-3 for
36		-	SEA 172 — Concur 2
37		-	each of the types of services and items provided to a victim as a
38		-	result of the bodily injury or death upon which an application is
39		-	based.
40		-	SECTION 4. IC 5-2-6.1-5.8 IS ADDED TO THE INDIANA CODE
41		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
42		-	1, 2024]: Sec. 5.8. As used in this chapter, "loss of income" means
43		-	wages the victim would have earned had the victim not died or
44		-	been injured, if the victim was employed at the time of the crime.
45		-	SECTION 5. IC 5-2-6.1-6 IS REPEALED [EFFECTIVE JULY 1,
46		-	2024]. Sec. 6. As used in this chapter, "person" includes a sole
47		-	proprietorship, a partnership, a corporation, an association, a fiduciary,
48		-	and an individual.
49		-	SECTION 6. IC 5-2-6.1-7.5, AS ADDED BY P.L.48-2012,
50		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
51		-	JULY 1, 2024]: Sec. 7.5. As used in this chapter, "victim of a child sex
52		-	crime" means an individual who was the victim of:
53		-	(1) child molesting (IC 35-42-4-3(a)); (IC 35-42-4-3);
54		-	(2) vicarious sexual gratification (IC 35-42-4-5);
55		-	(3) child solicitation (IC 35-42-4-6);
56		-	(4) child seduction (IC 35-42-4-7); or
57		-	(5) incest (IC 35-46-1-3); or
58		-	(6) sexual misconduct with a minor (IC 35-42-4-9);
59		-	and was less than eighteen (18) years of age at the time the crime
60		-	occurred.
61		-	SECTION 7. IC 5-2-6.1-8, AS AMENDED BY P.L.65-2016,
62		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
63		-	JULY 1, 2024]: Sec. 8. As used in this chapter, "violent crime" means
64		-	the following:
65		-	(1) A crime under the Indiana Code that is a felony of any kind or
66		-	a Class A misdemeanor that results in bodily injury or death to the
67		-	victim but does not include any of the following:
68		-	(A) A crime under IC 9-30-5 resulting from the operation of a
69		-	vehicle other than a motor vehicle.
70		-	(B) Involuntary manslaughter resulting from the operation of
71		-	a motor vehicle by a person who was not intoxicated
72		-	(IC 35-42-1-4).
73		-	(C) Reckless homicide resulting from the operation of a motor
74		-	vehicle by a person who was not intoxicated (IC 35-42-1-5).
75		-	(D) Criminal recklessness involving the use of a motor
76		-	vehicle, unless the offense was intentional or the person using
77		-	the motor vehicle was intoxicated (IC 35-42-2-2).
78		-	(E) A crime involving the operation of a motor vehicle if the
79		-	SEA 172 — Concur 3
80		-	driver of the motor vehicle was not charged with an offense
81		-	under IC 9-30-5.
82		-	(F) A battery offense included in IC 35-42-2 upon a child less
83		-	than fourteen (14) years of age.
84		-	(G) Child molesting (IC 35-42-4-3).
85		-	(H) Child seduction (IC 35-42-4-7).
86		-	(2) A crime in another jurisdiction in which the elements of the
87		-	crime are substantially similar to the elements of a crime that, if
88		-	the crime results in death or bodily injury to the victim, would be
89		-	a felony or a Class A misdemeanor if committed in Indiana.
90		-	However, the term does not include any of the following:
91		-	(A) A crime in another jurisdiction resulting from operating a
92		-	vehicle, other than a motor vehicle, while intoxicated.
93		-	(B) A crime in another jurisdiction with elements substantially
94		-	similar to involuntary manslaughter resulting from the
95		-	operation of a motor vehicle if the crime was committed by a
96		-	person who was not intoxicated.
97		-	(C) A crime in another jurisdiction with elements substantially
98		-	similar to reckless homicide resulting from the operation of a
99		-	motor vehicle if the crime was committed by a person who was
100		-	not intoxicated.
101		-	(D) A crime in another jurisdiction with elements substantially
102		-	similar to criminal recklessness involving the use of a motor
103		-	vehicle unless the offense was intentional or the person using
104		-	the motor vehicle was intoxicated.
105		-	(E) A crime involving the operation of a motor vehicle if the
106		-	driver of the motor vehicle was not charged with an offense
107		-	under IC 9-30-5.
108		-	(3) A terrorist act.
109		-	SECTION 8. IC 5-2-6.1-11 IS AMENDED TO READ AS
110		-	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. The division may
111		-	do the following:
112		-	(1) Require from the attorney general, the state police department,
113		-	local law enforcement personnel, a county department of public
114		-	welfare, or a prosecuting attorney copies of investigations and
115		-	data to assist the division in determining the validity of a
116		-	claimant's application for assistance under this chapter.
117		-	(2) Require medical examination of victims.
118		-	(3) (2) Hold hearings, administer oaths, examine any person
119		-	under oath, issue subpoenas requiring the attendance and giving
120		-	of testimony of witnesses, and require the production of books,
121		-	papers, and documentary or other evidence. The subpoena powers
122		-	SEA 172 — Concur 4
123		-	provided in this subdivision may be exercised only by the director
124		-	of the division or the director's designated representative.
125		-	(4) (3) Take or cause to be taken affidavits or depositions.
126		-	SECTION 9. IC 5-2-6.1-11.5, AS AMENDED BY P.L.198-2016,
127		-	SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
128		-	JULY 1, 2024]: Sec. 11.5. A claimant's: The following are
129		-	confidential:
130		-	(1) A claimant's:
131		-	(A) personal information (as defined in IC 9-14-6-6); and
132		-	(2) (B) medical records. are confidential.
133		-	(2) Records obtained during an investigation under section 26
134		-	of this chapter that are not publicly available.
135		-	SECTION 10. IC 5-2-6.1-13, AS AMENDED BY P.L.98-2022,
136		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
137		-	JULY 1, 2024]: Sec. 13. (a) Subject to subsection (b) and except as
138		-	provided in subsection (c), benefits may not be awarded:
139		-	(1) if the victim sustained the injury as a result of participating or
140		-	assisting in, or attempting to commit or committing a criminal act;
141		-	(2) if the injury occurred while the victim was a resident in a
142		-	county, city, or federal jail or prison or in an institution operated
143		-	by the department of correction;
144		-	(3) if the victim profited or would have profited from the criminal
145		-	act;
146		-	(4) if, at the time the injury occurred, the victim was intoxicated
147		-	and contributed to the commission of an unrelated felony; or
148		-	(5) to a claimant who contributed to the injury or death of the
149		-	victim.
150		-	(b) If the victim is a dependent child or dependent parent of the
151		-	person who commits a violent crime, compensation may be awarded
152		-	where justice requires.
153		-	(c) Benefits may be awarded to a person described in subsection
154		-	(a)(4) who is the victim of a sex crime under IC 35-42-4, a crime
155		-	involving domestic or family violence (as defined in IC 35-31.5-2-76),
156		-	or a crime of domestic violence (as defined in IC 35-31.5-2-78), or
157		-	incest (as defined in IC 35-46-1-3).
158		-	SECTION 11. IC 5-2-6.1-16, AS AMENDED BY P.L.31-2020,
159		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
160		-	JULY 1, 2024]: Sec. 16. (a) A person eligible for assistance under
161		-	section 12 of this chapter may file an application for assistance with the
162		-	division. if the violent crime was committed in Indiana.
163		-	(b) Except as provided in subsections (e) and (f), the application
164		-	must be received by the division not more than one hundred eighty
165		-	SEA 172 — Concur 5
166		-	(180) days after the date the crime was committed. The division may
167		-	grant an extension of time for good cause shown by the claimant.
168		-	However, and except as provided in subsections (e) and (f), the
169		-	division may not accept an application that is received more than two
170		-	(2) years after the date the crime was committed.
171		-	(c) The application must be filed in the office of the division in
172		-	person, through the division's Internet web site, or by first class or
173		-	certified mail. If requested, the division shall assist a victim in
174		-	preparing the application.
175		-	(d) The division shall accept all applications filed in compliance
176		-	with this chapter. Upon receipt of a complete application, the division
177		-	shall promptly begin the investigation and processing of an application.
178		-	(e) An alleged victim of a child sex crime may submit an application
179		-	to the division until the victim becomes thirty-one (31) years of age or
180		-	in accordance with subsection (f).
181		-	(f) An alleged victim of a child sex crime described in
182		-	IC 35-41-4-2(e) which meets the requirements of IC 35-41-4-2(p) may
183		-	submit an application to the division not later than five (5) years after
184		-	the earliest of the date on which:
185		-	(1) the state first discovers evidence sufficient to charge the
186		-	offender with the offense through DNA (deoxyribonucleic acid)
187		-	analysis;
188		-	(2) the state first becomes aware of the existence of a recording
189		-	(as defined in IC 35-31.5-2-273) that provides evidence sufficient
190		-	to charge the offender with the offense; or
191		-	(3) a person confesses to the offense.
192		-	(g) An alleged victim of a battery offense included in IC 35-42-2
193		-	upon a child less than fourteen (14) years of age may submit an
194		-	application to the division not later than five (5) years after the
195		-	commission of the offense.
196		-	SECTION 12. IC 5-2-6.1-17, AS AMENDED BY P.L.98-2022,
197		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
198		-	JULY 1, 2024]: Sec. 17. (a) Except for an alleged victim of a child sex
199		-	crime, the division may not award compensation under this chapter
200		-	unless the violent crime was reported to a law enforcement officer not
201		-	more than seventy-two (72) hours after the occurrence of the crime.
202		-	(b) The division may not award compensation under this chapter
203		-	until:
204		-	(1) law enforcement and other records concerning the
205		-	circumstances of the crime are available; and
206		-	(2) any criminal investigation directly related to the crime has
207		-	been substantially completed.
208		-	SEA 172 — Concur 6
209		-	(c) If the crime involved a motor vehicle, the division may not
210		-	award compensation under this chapter until an information or
211		-	indictment alleging the commission of a crime has been filed by a
212		-	prosecuting attorney. The division may award compensation under
213		-	this chapter before an information or indictment alleging the
214		-	commission of a crime has been filed where justice requires.
215		-	(d) The division may accept proof that evidence was collected
216		-	through a forensic exam described in IC 16-21-8 as compliance with
217		-	subsection (a) and as cooperation with law enforcement, as required
218		-	by sections 18 and 19 of this chapter.
219		-	SECTION 13. IC 5-2-6.1-20.5 IS ADDED TO THE INDIANA
220		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
221		-	[EFFECTIVE JULY 1, 2024]: Sec. 20.5. The division shall deny an
222		-	award of compensation under this chapter if the claimant fails to
223		-	fully cooperate with the division in the review, investigation, and
224		-	processing of the claim.
225		-	SECTION 14. IC 5-2-6.1-21 IS REPEALED [EFFECTIVE JULY
226		-	1, 2024]. Sec. 21. (a) This section applies to claims filed with the
227		-	division after December 31, 2005, and before July 1, 2009.
228		-	(b) This subsection does not apply to reimbursement for forensic
229		-	and evidence gathering services provided under section 39 of this
230		-	chapter.
231		-	(c) An award may not be made unless the claimant has incurred an
232		-	out-of-pocket loss of at least one hundred dollars ($100).
233		-	(d) Subject to subsections (b) and (c), the division may order the
234		-	payment of compensation under this chapter for any of the following:
235		-	(1) Reasonable expenses incurred for necessary medical,
236		-	chiropractic, hospital, dental, psychological, optometric,
237		-	psychiatric, and ambulance services and prescription drugs and
238		-	prosthetic devices that do not exceed the claimant's out-of-pocket
239		-	loss.
240		-	(2) Loss of income the:
241		-	(A) victim would have earned had the victim not died or been
242		-	injured, if the victim was employed at the time of the crime; or
243		-	(B) parent, guardian, or custodian of a victim who is less than
244		-	eighteen (18) years of age incurred by taking time off work to
245		-	care for the victim.
246		-	A claimant seeking reimbursement under this subdivision must
247		-	provide the division with proof of employment and current wages.
248		-	(3) Reasonable emergency shelter care expenses, not to exceed
249		-	the expenses for thirty (30) days, that are incurred for the claimant
250		-	or a dependent of the claimant to avoid contact with a person who
251		-	SEA 172 — Concur 7
252		-	committed the violent crime.
253		-	(4) Reasonable expense incurred for child care, not to exceed one
254		-	thousand dollars ($1,000), to replace child care the victim would
255		-	have supplied had the victim not died or been injured.
256		-	(5) Loss of financial support the victim would have supplied to
257		-	legal dependents had the victim not died or been injured.
258		-	(6) Documented expenses incurred for funeral, burial, or
259		-	cremation of the victim that do not exceed four thousand dollars
260		-	($4,000). The division shall disburse compensation under this
261		-	subdivision in accordance with guidelines adopted by the
262		-	division.
263		-	(7) Other actual expenses resulting from the bodily injury or death
264		-	of the victim, including costs of mental health care, not to exceed
265		-	two thousand dollars ($2,000) for the immediate family of a
266		-	homicide or sex crime victim, and any other actual expenses that
267		-	the division determines reasonable.
268		-	(e) If a health care provider accepts payment from the division
269		-	under this chapter, the health care provider may not require the victim
270		-	to pay a copayment or an additional fee for the provision of services.
271		-	(f) A health care provider who seeks compensation from the
272		-	division under this chapter may not simultaneously seek funding for
273		-	services provided to a victim from any other source.
274		-	SECTION 15. IC 5-2-6.1-21.1, AS AMENDED BY THE
275		-	TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
276		-	ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
277		-	JULY 1, 2024]: Sec. 21.1. (a) This section applies to claims filed with
278		-	the division after June 30, 2009.
279		-	(b) This subsection section does not apply to reimbursement for
280		-	forensic and evidence gathering services provided under section 39 of
281		-	this chapter.
282		-	(c) An award may not be made unless the claimant has incurred an
283		-	out-of-pocket loss expense that exceeds of at least one hundred dollars
284		-	($100) or has incurred loss of income that exceeds one hundred
285		-	dollars ($100).
286		-	(d) Subject to subsections (b) and (c), the division may order the
287		-	payment of compensation under this chapter for any of the following
288		-	reasonable, documented expenses incurred within one hundred
289		-	eighty (180) days after the date of the violent crime:
290		-	(1) Reasonable expenses incurred within one hundred eighty
291		-	(180) days after the date of the violent crime for Necessary:
292		-	(A) medical, chiropractic, hospital, dental, optometric, and
293		-	ambulance services;
294		-	SEA 172 — Concur 8
295		-	(B) prescription drugs; and
296		-	(C) prosthetic devices;
297		-	that do not exceed the claimant's out-of-pocket loss. expense.
298		-	(2) Loss of income:
299		-	(A) the victim would have earned had the victim not died or
300		-	been injured, if the victim was employed at the time of the
301		-	violent crime; or
302		-	(B) the parent, guardian, or custodian of a victim who is less
303		-	than eighteen (18) years of age incurred by taking time off
304		-	from work to care for the victim; or
305		-	(C) the spouse of a victim incurred by taking time off from
306		-	work to care for the victim.
307		-	A claimant seeking reimbursement under this subdivision must
308		-	provide the division with proof of employment and current wages.
309		-	(3) Reasonable Emergency shelter care expenses, not to exceed
310		-	the expenses for thirty (30) days, that are incurred for the claimant
311		-	or a dependent of the claimant to avoid contact with a person who
312		-	committed the violent crime.
313		-	(4) Reasonable Expense incurred for child care, not to exceed one
314		-	thousand dollars ($1,000), to replace child care the victim would
315		-	have supplied had the victim not died or been injured.
316		-	(5) Loss of financial support the victim would have supplied to
317		-	legal dependents had the victim not died or been injured.
318		-	(6) Documented Expenses incurred for funeral, burial, or
319		-	cremation of the victim that do not exceed five thousand dollars
320		-	($5,000). The division shall disburse compensation under this
321		-	subdivision in accordance with guidelines adopted by the
322		-	division.
323		-	(7) Outpatient mental health counseling, not to exceed three
324		-	thousand dollars ($3,000), concerning mental health issues related
325		-	to the violent crime.
326		-	(8) Other actual expenses related to bodily injury to or the death
327		-	of the victim that the division determines are reasonable.
328		-	(9) Replacement of windows or door locks.
329		-	(10) Cleanup of the scene of a violent crime.
330		-	(e) The division shall obtain written verification of all losses and
331		-	expenses requested under this section before making an award.
332		-	(e) (f) If a health care provider accepts payment from the division
333		-	under this chapter, the health care provider may not require the victim
334		-	to pay a copayment or an additional fee for the provision of services.
335		-	(f) (g) A health care provider who seeks compensation from the
336		-	division under this chapter may not simultaneously seek funding for
337		-	SEA 172 — Concur 9
338		-	services provided to a victim from any other source.
339		-	(g) (h) The director may extend the one hundred eighty (180) day
340		-	compensation period established by subsection (d)(1) (d) for a period
341		-	not to exceed two (2) years after the date of the violent crime if:
342		-	(1) the victim or the victim's representative requests the
343		-	extension; and
344		-	(2) medical records and other documentation provided by the
345		-	attending medical providers indicate that an extension is
346		-	appropriate.
347		-	(h) (i) The director may extend the one hundred eighty (180) day
348		-	compensation period established by subsection (d)(1) (d) for outpatient
349		-	mental health counseling, established by subsection (d)(7) where
350		-	justice requires, but for a period not to exceed two (2) years. if the
351		-	victim:
352		-	(1) was allegedly a victim of a sex crime (under IC 35-42-4) or
353		-	incest (under IC 35-46-1-3);
354		-	(2) was under eighteen (18) years of age at the time of the alleged
355		-	crime; and
356		-	(3) did not reveal the crime within two (2) years after the date of
357		-	the alleged crime.
358		-	SECTION 16. IC 5-2-6.1-24, AS AMENDED BY P.L.100-2012,
359		-	SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
360		-	JULY 1, 2024]: Sec. 24. The division shall employ sufficient hearing
361		-	officers claims analysts to review each application for an award to
362		-	carry out this chapter.
363		-	SECTION 17. IC 5-2-6.1-25 IS AMENDED TO READ AS
364		-	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 25. (a) The division
365		-	shall review all applications to ensure that the applications are
366		-	complete.
367		-	(b) If an application is not complete, the application shall be
368		-	returned to the applicant with a brief statement of the additional
369		-	information required.
370		-	(c) The applicant may, not more than thirty (30) days after receipt
371		-	of the request for additional information, either supply the information
372		-	or appeal to seek an extension from the director. division.
373		-	(d) The decision of the director is final.
374		-	(e) (d) If:
375		-	(1) the applicant does not furnish additional information; or
376		-	(2) additional time is not granted by the director for good cause;
377		-	or
378		-	(3) the applicant does not appeal the request not later than thirty
379		-	(30) days after the request;
380		-	SEA 172 — Concur 10
381		-	the application shall be denied.
382		-	SECTION 18. IC 5-2-6.1-26, AS AMENDED BY P.L.113-2014,
383		-	SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
384		-	JULY 1, 2024]: Sec. 26. (a) If an application is complete, the division
385		-	shall accept the application for filing and investigate the facts stated in
386		-	the application.
387		-	(b) As part of the investigation, the division shall verify that:
388		-	(1) a violent crime was committed;
389		-	(2) the victim was killed or suffered bodily injury as a result of the
390		-	crime;
391		-	(3) the requirements of sections 13, 16(a), 16(b), 17, 18, and 19
392		-	of this chapter are met; and
393		-	(4) (3) out-of-pocket loss expense exceeded one hundred dollars
394		-	($100);
395		-	(4) loss of income exceeded one hundred dollars ($100); and
396		-	(5) all other requirements of this chapter are met.
397		-	SECTION 19. IC 5-2-6.1-27 IS REPEALED [EFFECTIVE JULY
398		-	1, 2024]. Sec. 27. (a) A hearing officer may hold a hearing concerning
399		-	the merits of the application to allow any interested person to appear to
400		-	offer evidence and argument on any issue relevant to the application or
401		-	to the facts surrounding the bodily injury or death upon which the
402		-	application is based.
403		-	(b) If a hearing is held, the claimant shall be notified in writing by
404		-	certified mail with return receipt requested fifteen (15) days in advance
405		-	concerning the date, time, place, and scope of the hearing in
406		-	accordance with IC 4-21.5-3.
407		-	(c) A hearing must be open to the public unless the hearing officer,
408		-	in consultation with the director, determines that the hearing or a part
409		-	of the hearing should be held in private in the interest of the victim or
410		-	society where justice requires.
411		-	SECTION 20. IC 5-2-6.1-27.5 IS ADDED TO THE INDIANA
412		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
413		-	[EFFECTIVE JULY 1, 2024]: Sec. 27.5. (a) If, after investigation of
414		-	the application, the division determines that the applicant does not
415		-	qualify for compensation, a denial letter shall be issued to the
416		-	applicant.
417		-	(b) A denial of an application under this chapter constitutes an
418		-	agency action for purposes of IC 4-21.5.
419		-	SECTION 21. IC 5-2-6.1-28 IS REPEALED [EFFECTIVE JULY
420		-	1, 2024]. Sec. 28. (a) Not more than ten (10) days after the hearing, the
421		-	hearing officer shall issue a written decision supported by findings of
422		-	fact and conclusions of law based on the record from the hearing, the
423		-	SEA 172 — Concur 11
424		-	investigation, and the application of the claimant.
425		-	(b) Copies of the decision shall be mailed to the claimant at the
426		-	address given in the application and to the attorney general.
427		-	SECTION 22. IC 5-2-6.1-28.5 IS ADDED TO THE INDIANA
428		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
429		-	[EFFECTIVE JULY 1, 2024]: Sec. 28.5. A claimant aggrieved by an
430		-	action under this chapter may request an appeal under IC 4-21.5
431		-	by making a written request to the director within thirty (30) days
432		-	of the date of the denial letter.
433		-	SECTION 23. IC 5-2-6.1-29 IS REPEALED [EFFECTIVE JULY
434		-	1, 2024]. Sec. 29. (a) The state or a claimant may appeal the findings
435		-	of the hearing officer not more than twenty-one (21) days after the date
436		-	of receipt of the findings by filing a written appeal with the director.
437		-	(b) If an appeal is filed, the director shall review the matter and
438		-	place the appeal on the docket for review by the division.
439		-	SECTION 24. IC 5-2-6.1-29.5 IS ADDED TO THE INDIANA
440		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
441		-	[EFFECTIVE JULY 1, 2024]: Sec. 29.5. (a) The state or a claimant
442		-	may appeal an order issued by an administrative law judge under
443		-	IC 4-21.5 within twenty-one (21) days of the date of the written
444		-	determination by filing a written appeal with the director who shall
445		-	place the appeal on the docket for review by the board of trustees
446		-	of the institute.
447		-	(b) An appeal under this section shall be limited to those facts
448		-	evidenced in the record or proceedings and may, at the discretion
449		-	of the board of trustees of the institute, be supplemented with a
450		-	written statement by either the division or the claimant.
451		-	(c) A decision by the board of trustees of the institute shall be
452		-	conclusive and binding upon the state and claimant, subject to
453		-	judicial review under IC 4-21.5.
454		-	SECTION 25. IC 5-2-6.1-30 IS REPEALED [EFFECTIVE JULY
455		-	1, 2024]. Sec. 30. A proceeding under this chapter must be according
456		-	to procedures adopted by the division.
457		-	SECTION 26. IC 5-2-6.1-31 IS REPEALED [EFFECTIVE JULY
458		-	1, 2024]. Sec. 31. The hearing officer may not deny an award without
459		-	providing the claimant with an opportunity for a hearing.
460		-	SECTION 27. IC 5-2-6.1-36 IS REPEALED [EFFECTIVE JULY
461		-	1, 2024]. Sec. 36. (a) If:
462		-	(1) the division determines that a claimant will suffer severe
463		-	financial hardship unless an emergency award is made; and
464		-	(2) it appears likely that a final award will be made;
465		-	an emergency award not to exceed five hundred dollars ($500) may be
466		-	SEA 172 — Concur 12
467		-	authorized by the director or the director's designated representative.
468		-	(b) The amount of an emergency award is:
469		-	(1) deducted from the final award made by the division; and
470		-	(2) recoverable from the claimant if no award is made by the
471		-	division or to the extent that the emergency award exceeds the
472		-	amount of the final award.
473		-	SECTION 28. IC 5-14-3-4, AS AMENDED BY P.L.86-2022,
474		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
475		-	JULY 1, 2024]: Sec. 4. (a) The following public records are excepted
476		-	from section 3 of this chapter and may not be disclosed by a public
477		-	agency, unless access to the records is specifically required by a state
478		-	or federal statute or is ordered by a court under the rules of discovery:
479		-	(1) Those declared confidential by state statute.
480		-	(2) Those declared confidential by rule adopted by a public
481		-	agency under specific authority to classify public records as
482		-	confidential granted to the public agency by statute.
483		-	(3) Those required to be kept confidential by federal law.
484		-	(4) Records containing trade secrets.
485		-	(5) Confidential financial information obtained, upon request,
486		-	from a person. However, this does not include information that is
487		-	filed with or received by a public agency pursuant to state statute.
488		-	(6) Information concerning research, including actual research
489		-	documents, conducted under the auspices of a state educational
490		-	institution, including information:
491		-	(A) concerning any negotiations made with respect to the
492		-	research; and
493		-	(B) received from another party involved in the research.
494		-	(7) Grade transcripts and license examination scores obtained as
495		-	part of a licensure process.
496		-	(8) Those declared confidential by or under rules adopted by the
497		-	supreme court of Indiana.
498		-	(9) Patient medical records and charts created by a provider,
499		-	unless the patient gives written consent under IC 16-39 or as
500		-	provided under IC 16-41-8.
501		-	(10) Application information declared confidential by the Indiana
502		-	economic development corporation under IC 5-28.
503		-	(11) A photograph, a video recording, or an audio recording of an
504		-	autopsy, except as provided in IC 36-2-14-10.
505		-	(12) A Social Security number contained in the records of a
506		-	public agency.
507		-	(13) The following information that is part of a foreclosure action
508		-	subject to IC 32-30-10.5:
509		-	SEA 172 — Concur 13
510		-	(A) Contact information for a debtor, as described in
511		-	IC 32-30-10.5-8(d)(1)(B).
512		-	(B) Any document submitted to the court as part of the debtor's
513		-	loss mitigation package under IC 32-30-10.5-10(a)(3).
514		-	(14) The following information obtained from a call made to a
515		-	fraud hotline established under IC 36-1-8-8.5:
516		-	(A) The identity of any individual who makes a call to the
517		-	fraud hotline.
518		-	(B) A report, transcript, audio recording, or other information
519		-	concerning a call to the fraud hotline.
520		-	However, records described in this subdivision may be disclosed
521		-	to a law enforcement agency, a private university police
522		-	department, the attorney general, the inspector general, the state
523		-	examiner, or a prosecuting attorney.
524		-	(15) Information described in section 5(c)(3)(B) of this chapter
525		-	that is contained in a daily log or record described in section 5(c)
526		-	of this chapter for a victim of a crime or delinquent act who is less
527		-	than eighteen (18) years of age, unless and to the extent that:
528		-	(A) a parent, guardian, or custodian of the victim consents in
529		-	writing to public disclosure of the records; and
530		-	(B) that parent, guardian, or custodian of the victim has not
531		-	been charged with or convicted of committing a crime against
532		-	the victim.
533		-	However, records described in this subdivision may be disclosed
534		-	to the department of child services.
535		-	(b) Except as otherwise provided by subsection (a), the following
536		-	public records shall be excepted from section 3 of this chapter at the
537		-	discretion of a public agency:
538		-	(1) Investigatory records of law enforcement agencies or private
539		-	university police departments. For purposes of this chapter, a law
540		-	enforcement recording is not an investigatory record. However,
541		-	information described in subsection (a)(15) contained in a law
542		-	enforcement recording is exempt from disclosure, unless and to
543		-	the extent that a parent, guardian, or custodian of the victim
544		-	consents in writing to public disclosure of the records. However,
545		-	a parent, guardian, or custodian charged with or convicted of a
546		-	crime against the victim may not consent to public disclosure of
547		-	the records. Law enforcement agencies or private university
548		-	police departments may share investigatory records with: a:
549		-	(A) a person who advocates on behalf of a crime victim,
550		-	including a victim advocate (as defined in IC 35-37-6-3.5) or
551		-	a victim service provider (as defined in IC 35-37-6-5), for the
552		-	SEA 172 — Concur 14
553		-	purposes of providing services to a victim or describing
554		-	services that may be available to a victim; and
555		-	(B) a school corporation (as defined by IC 20-18-2-16(a)),
556		-	charter school (as defined by IC 20-24-1-4), or nonpublic
557		-	school (as defined by IC 20-18-2-12) for the purpose of
558		-	enhancing the safety or security of a student or a school
559		-	facility; and
560		-	(C) the victim services division of the Indiana criminal
561		-	justice institute under IC 5-2-6-8, for the purposes of
562		-	conducting an investigation under IC 5-2-6.1-26;
563		-	without the law enforcement agency or private university police
564		-	department losing its discretion to keep those records confidential
565		-	from other records requesters. However, certain law enforcement
566		-	records must be made available for inspection and copying as
567		-	provided in section 5 of this chapter.
568		-	(2) The work product of an attorney representing, pursuant to
569		-	state employment or an appointment by a public agency:
570		-	(A) a public agency;
571		-	(B) the state; or
572		-	(C) an individual.
573		-	(3) Test questions, scoring keys, and other examination data used
574		-	in administering a licensing examination, examination for
575		-	employment, or academic examination before the examination is
576		-	given or if it is to be given again.
577		-	(4) Scores of tests if the person is identified by name and has not
578		-	consented to the release of the person's scores.
579		-	(5) The following:
580		-	(A) Records relating to negotiations between:
581		-	(i) the Indiana economic development corporation;
582		-	(ii) the ports of Indiana;
583		-	(iii) the Indiana state department of agriculture;
584		-	(iv) the Indiana finance authority;
585		-	(v) an economic development commission;
586		-	(vi) the Indiana White River state park development
587		-	commission;
588		-	(vii) a local economic development organization that is a
589		-	nonprofit corporation established under state law whose
590		-	primary purpose is the promotion of industrial or business
591		-	development in Indiana, the retention or expansion of
592		-	Indiana businesses, or the development of entrepreneurial
593		-	activities in Indiana; or
594		-	(viii) a governing body of a political subdivision;
595		-	SEA 172 — Concur 15
596		-	with industrial, research, or commercial prospects, if the
597		-	records are created while negotiations are in progress.
598		-	However, this clause does not apply to records regarding
599		-	research that is prohibited under IC 16-34.5-1-2 or any other
600		-	law.
601		-	(B) Notwithstanding clause (A), the terms of the final offer of
602		-	public financial resources communicated by the Indiana
603		-	economic development corporation, the ports of Indiana, the
604		-	Indiana finance authority, an economic development
605		-	commission, the Indiana White River state park development
606		-	commission, or a governing body of a political subdivision to
607		-	an industrial, a research, or a commercial prospect shall be
608		-	available for inspection and copying under section 3 of this
609		-	chapter after negotiations with that prospect have terminated.
610		-	(C) When disclosing a final offer under clause (B), the Indiana
611		-	economic development corporation shall certify that the
612		-	information being disclosed accurately and completely
613		-	represents the terms of the final offer.
614		-	(D) Notwithstanding clause (A), an incentive agreement with
615		-	an incentive recipient shall be available for inspection and
616		-	copying under section 3 of this chapter after the date the
617		-	incentive recipient and the Indiana economic development
618		-	corporation execute the incentive agreement regardless of
619		-	whether negotiations are in progress with the recipient after
620		-	that date regarding a modification or extension of the incentive
621		-	agreement.
622		-	(6) Records that are intra-agency or interagency advisory or
623		-	deliberative material, including material developed by a private
624		-	contractor under a contract with a public agency, that are
625		-	expressions of opinion or are of a speculative nature, and that are
626		-	communicated for the purpose of decision making.
627		-	(7) Diaries, journals, or other personal notes serving as the
628		-	functional equivalent of a diary or journal.
629		-	(8) Personnel files of public employees and files of applicants for
630		-	public employment, except for:
631		-	(A) the name, compensation, job title, business address,
632		-	business telephone number, job description, education and
633		-	training background, previous work experience, or dates of
634		-	first and last employment of present or former officers or
635		-	employees of the agency;
636		-	(B) information relating to the status of any formal charges
637		-	against the employee; and
638		-	SEA 172 — Concur 16
639		-	(C) the factual basis for a disciplinary action in which final
640		-	action has been taken and that resulted in the employee being
641		-	suspended, demoted, or discharged.
642		-	However, all personnel file information shall be made available
643		-	to the affected employee or the employee's representative. This
644		-	subdivision does not apply to disclosure of personnel information
645		-	generally on all employees or for groups of employees without the
646		-	request being particularized by employee name.
647		-	(9) Minutes or records of hospital medical staff meetings.
648		-	(10) Administrative or technical information that would
649		-	jeopardize a record keeping system, voting system, voter
650		-	registration system, or security system.
651		-	(11) Computer programs, computer codes, computer filing
652		-	systems, and other software that are owned by the public agency
653		-	or entrusted to it and portions of electronic maps entrusted to a
654		-	public agency by a utility.
655		-	(12) Records specifically prepared for discussion or developed
656		-	during discussion in an executive session under IC 5-14-1.5-6.1.
657		-	However, this subdivision does not apply to that information
658		-	required to be available for inspection and copying under
659		-	subdivision (8).
660		-	(13) The work product of the legislative services agency under
661		-	personnel rules approved by the legislative council.
662		-	(14) The work product of individual members and the partisan
663		-	staffs of the general assembly.
664		-	(15) The identity of a donor of a gift made to a public agency if:
665		-	(A) the donor requires nondisclosure of the donor's identity as
666		-	a condition of making the gift; or
667		-	(B) after the gift is made, the donor or a member of the donor's
668		-	family requests nondisclosure.
669		-	(16) Library or archival records:
670		-	(A) which can be used to identify any library patron; or
671		-	(B) deposited with or acquired by a library upon a condition
672		-	that the records be disclosed only:
673		-	(i) to qualified researchers;
674		-	(ii) after the passing of a period of years that is specified in
675		-	the documents under which the deposit or acquisition is
676		-	made; or
677		-	(iii) after the death of persons specified at the time of the
678		-	acquisition or deposit.
679		-	However, nothing in this subdivision shall limit or affect contracts
680		-	entered into by the Indiana state library pursuant to IC 4-1-6-8.
681		-	SEA 172 — Concur 17
682		-	(17) The identity of any person who contacts the bureau of motor
683		-	vehicles concerning the ability of a driver to operate a motor
684		-	vehicle safely and the medical records and evaluations made by
685		-	the bureau of motor vehicles staff or members of the driver
686		-	licensing medical advisory board regarding the ability of a driver
687		-	to operate a motor vehicle safely. However, upon written request
688		-	to the commissioner of the bureau of motor vehicles, the driver
689		-	must be given copies of the driver's medical records and
690		-	evaluations.
691		-	(18) School safety and security measures, plans, and systems,
692		-	including emergency preparedness plans developed under 511
693		-	IAC 6.1-2-2.5.
694		-	(19) A record or a part of a record, the public disclosure of which
695		-	would have a reasonable likelihood of threatening public safety
696		-	by exposing a vulnerability to terrorist attack. A record described
697		-	under this subdivision includes the following:
698		-	(A) A record assembled, prepared, or maintained to prevent,
699		-	mitigate, or respond to an act of terrorism under IC 35-47-12-1
700		-	(before its repeal), an act of agricultural terrorism under
701		-	IC 35-47-12-2 (before its repeal), or a felony terrorist offense
702		-	(as defined in IC 35-50-2-18).
703		-	(B) Vulnerability assessments.
704		-	(C) Risk planning documents.
705		-	(D) Needs assessments.
706		-	(E) Threat assessments.
707		-	(F) Intelligence assessments.
708		-	(G) Domestic preparedness strategies.
709		-	(H) The location of community drinking water wells and
710		-	surface water intakes.
711		-	(I) The emergency contact information of emergency
712		-	responders and volunteers.
713		-	(J) Infrastructure records that disclose the configuration of
714		-	critical systems such as voting system and voter registration
715		-	system critical infrastructure, and communication, electrical,
716		-	ventilation, water, and wastewater systems.
717		-	(K) Detailed drawings or specifications of structural elements,
718		-	floor plans, and operating, utility, or security systems, whether
719		-	in paper or electronic form, of any building or facility located
720		-	on an airport (as defined in IC 8-21-1-1) that is owned,
721		-	occupied, leased, or maintained by a public agency, or any part
722		-	of a law enforcement recording that captures information
723		-	about airport security procedures, areas, or systems. A record
724		-	SEA 172 — Concur 18
725		-	described in this clause may not be released for public
726		-	inspection by any public agency without the prior approval of
727		-	the public agency that owns, occupies, leases, or maintains the
728		-	airport. Both of the following apply to the public agency that
729		-	owns, occupies, leases, or maintains the airport:
730		-	(i) The public agency is responsible for determining whether
731		-	the public disclosure of a record or a part of a record,
732		-	including a law enforcement recording, has a reasonable
733		-	likelihood of threatening public safety by exposing a
734		-	security procedure, area, system, or vulnerability to terrorist
735		-	attack.
736		-	(ii) The public agency must identify a record described
737		-	under item (i) and clearly mark the record as "confidential
738		-	and not subject to public disclosure under
739		-	IC 5-14-3-4(b)(19)(J) without approval of (insert name of
740		-	submitting public agency)". However, in the case of a law
741		-	enforcement recording, the public agency must clearly mark
742		-	the record as "confidential and not subject to public
743		-	disclosure under IC 5-14-3-4(b)(19)(K) without approval of
744		-	(insert name of the public agency that owns, occupies,
745		-	leases, or maintains the airport)".
746		-	(L) The home address, home telephone number, and
747		-	emergency contact information for any:
748		-	(i) emergency management worker (as defined in
749		-	IC 10-14-3-3);
750		-	(ii) public safety officer (as defined in IC 35-47-4.5-3);
751		-	(iii) emergency medical responder (as defined in
752		-	IC 16-18-2-109.8); or
753		-	(iv) advanced emergency medical technician (as defined in
754		-	IC 16-18-2-6.5).
755		-	This subdivision does not apply to a record or portion of a record
756		-	pertaining to a location or structure owned or protected by a
757		-	public agency in the event that an act of terrorism under
758		-	IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
759		-	under IC 35-47-12-2 (before its repeal), or a felony terrorist
760		-	offense (as defined in IC 35-50-2-18) has occurred at that location
761		-	or structure, unless release of the record or portion of the record
762		-	would have a reasonable likelihood of threatening public safety
763		-	by exposing a vulnerability of other locations or structures to
764		-	terrorist attack.
765		-	(20) The following personal information concerning a customer
766		-	of a municipally owned utility (as defined in IC 8-1-2-1):
767		-	SEA 172 — Concur 19
768		-	(A) Telephone number.
769		-	(B) Address.
770		-	(C) Social Security number.
771		-	(21) The following personal information about a complainant
772		-	contained in records of a law enforcement agency:
773		-	(A) Telephone number.
774		-	(B) The complainant's address. However, if the complainant's
775		-	address is the location of the suspected crime, infraction,
776		-	accident, or complaint reported, the address shall be made
777		-	available for public inspection and copying.
778		-	(22) Notwithstanding subdivision (8)(A), the name,
779		-	compensation, job title, business address, business telephone
780		-	number, job description, education and training background,
781		-	previous work experience, or dates of first employment of a law
782		-	enforcement officer who is operating in an undercover capacity.
783		-	(23) Records requested by an offender, an agent, or a relative of
784		-	an offender that:
785		-	(A) contain personal information relating to:
786		-	(i) a correctional officer (as defined in IC 5-10-10-1.5);
787		-	(ii) a probation officer;
788		-	(iii) a community corrections officer;
789		-	(iv) a law enforcement officer (as defined in
790		-	IC 35-31.5-2-185);
791		-	(v) a judge (as defined in IC 33-38-12-3);
792		-	(vi) the victim of a crime; or
793		-	(vii) a family member of a correctional officer, probation
794		-	officer, community corrections officer, law enforcement
795		-	officer (as defined in IC 35-31.5-2-185), judge (as defined
796		-	in IC 33-38-12-3), or victim of a crime; or
797		-	(B) concern or could affect the security of a jail or correctional
798		-	facility.
799		-	For purposes of this subdivision, "agent" means a person who is
800		-	authorized by an offender to act on behalf of, or at the direction
801		-	of, the offender, and "relative" has the meaning set forth in
802		-	IC 35-42-2-1(b). However, the term "agent" does not include an
803		-	attorney in good standing admitted to the practice of law in
804		-	Indiana.
805		-	(24) Information concerning an individual less than eighteen (18)
806		-	years of age who participates in a conference, meeting, program,
807		-	or activity conducted or supervised by a state educational
808		-	institution, including the following information regarding the
809		-	individual or the individual's parent or guardian:
810		-	SEA 172 — Concur 20
811		-	(A) Name.
812		-	(B) Address.
813		-	(C) Telephone number.
814		-	(D) Electronic mail account address.
815		-	(25) Criminal intelligence information.
816		-	(26) The following information contained in a report of unclaimed
817		-	property under IC 32-34-1.5-18 or in a claim for unclaimed
818		-	property under IC 32-34-1.5-48:
819		-	(A) Date of birth.
820		-	(B) Driver's license number.
821		-	(C) Taxpayer identification number.
822		-	(D) Employer identification number.
823		-	(E) Account number.
824		-	(27) Except as provided in subdivision (19) and sections 5.1 and
825		-	5.2 of this chapter, a law enforcement recording. However, before
826		-	disclosing the recording, the public agency must comply with the
827		-	obscuring requirements of sections 5.1 and 5.2 of this chapter, if
828		-	applicable.
829		-	(28) Records relating to negotiations between a state educational
830		-	institution and another entity concerning the establishment of a
831		-	collaborative relationship or venture to advance the research,
832		-	engagement, or educational mission of the state educational
833		-	institution, if the records are created while negotiations are in
834		-	progress. The terms of the final offer of public financial resources
835		-	communicated by the state educational institution to an industrial,
836		-	a research, or a commercial prospect shall be available for
837		-	inspection and copying under section 3 of this chapter after
838		-	negotiations with that prospect have terminated. However, this
839		-	subdivision does not apply to records regarding research
840		-	prohibited under IC 16-34.5-1-2 or any other law.
841		-	(c) Nothing contained in subsection (b) shall limit or affect the right
842		-	of a person to inspect and copy a public record required or directed to
843		-	be made by any statute or by any rule of a public agency.
844		-	(d) Notwithstanding any other law, a public record that is classified
845		-	as confidential, other than a record concerning an adoption or patient
846		-	medical records, shall be made available for inspection and copying
847		-	seventy-five (75) years after the creation of that record.
848		-	(e) Only the content of a public record may form the basis for the
849		-	adoption by any public agency of a rule or procedure creating an
850		-	exception from disclosure under this section.
851		-	(f) Except as provided by law, a public agency may not adopt a rule
852		-	or procedure that creates an exception from disclosure under this
853		-	SEA 172 — Concur 21
854		-	section based upon whether a public record is stored or accessed using
855		-	paper, electronic media, magnetic media, optical media, or other
856		-	information storage technology.
857		-	(g) Except as provided by law, a public agency may not adopt a rule
858		-	or procedure nor impose any costs or liabilities that impede or restrict
859		-	the reproduction or dissemination of any public record.
860		-	(h) Notwithstanding subsection (d) and section 7 of this chapter:
861		-	(1) public records subject to IC 5-15 may be destroyed only in
862		-	accordance with record retention schedules under IC 5-15; or
863		-	(2) public records not subject to IC 5-15 may be destroyed in the
864		-	ordinary course of business.
865		-	SEA 172 — Concur President of the Senate
866		-	President Pro Tempore
867		-	Speaker of the House of Representatives
868		-	Governor of the State of Indiana
869		-	Date: Time:
870		-	SEA 172 — Concur
	57	+	1 SECTION 1. IC 5-2-6.1-2.5, AS ADDED BY P.L.121-2006,
	58	+	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	59	+	3 JULY 1, 2024]: Sec. 2.5. As used in this chapter, "emergency shelter
	60	+	4 care" means temporary or transitional housing in a facility having the
	61	+	5 primary purpose of providing temporary or transitional shelter for the
	62	+	6 homeless or for a specific population of the homeless. a claimant to
	63	+	7 avoid contact with the person who committed the violent crime
	64	+	8 that is the basis for the claim.
	65	+	9 SECTION 2. IC 5-2-6.1-5.5, AS ADDED BY P.L.121-2006,
	66	+	10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	67	+	11 JULY 1, 2024]: Sec. 5.5. As used in this chapter, "motor vehicle" has
	68	+	12 the meaning set forth in IC 7.1-1-3-26.3. IC 9-13-2-105.
	69	+	13 SECTION 3. IC 5-2-6.1-5.7, AS ADDED BY P.L.129-2009,
	70	+	14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	71	+	15 JULY 1, 2024]: Sec. 5.7. As used in this chapter, "out-of-pocket loss"
	72	+	16 "out-of-pocket expense" means: an amount equal to the amount of
	73	+	17 reimbursement
	74	+	ES 172—LS 6848/DI 151 2
	75	+	1 (1) funeral expenses;
	76	+	2 (2) burial expenses;
	77	+	3 (3) cremation expenses; and
	78	+	4 (4) medical expenses that are payable under IC 27-8-10-3 for
	79	+	5 each of the types of services and items provided to a victim as a
	80	+	6 result of the bodily injury or death upon which an application is
	81	+	7 based.
	82	+	8 SECTION 4. IC 5-2-6.1-5.8 IS ADDED TO THE INDIANA CODE
	83	+	9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	84	+	10 1, 2024]: Sec. 5.8. As used in this chapter, "loss of income" means
	85	+	11 wages the victim would have earned had the victim not died or
	86	+	12 been injured, if the victim was employed at the time of the crime.
	87	+	13 SECTION 5. IC 5-2-6.1-6 IS REPEALED [EFFECTIVE JULY 1,
	88	+	14 2024]. Sec. 6. As used in this chapter, "person" includes a sole
	89	+	15 proprietorship, a partnership, a corporation, an association, a fiduciary,
	90	+	16 and an individual.
	91	+	17 SECTION 6. IC 5-2-6.1-7.5, AS ADDED BY P.L.48-2012,
	92	+	18 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	93	+	19 JULY 1, 2024]: Sec. 7.5. As used in this chapter, "victim of a child sex
	94	+	20 crime" means an individual who was the victim of:
	95	+	21 (1) child molesting (IC 35-42-4-3(a)); (IC 35-42-4-3);
	96	+	22 (2) vicarious sexual gratification (IC 35-42-4-5);
	97	+	23 (3) child solicitation (IC 35-42-4-6);
	98	+	24 (4) child seduction (IC 35-42-4-7); or
	99	+	25 (5) incest (IC 35-46-1-3); or
	100	+	26 (6) sexual misconduct with a minor (IC 35-42-4-9);
	101	+	27 and was less than eighteen (18) years of age at the time the crime
	102	+	28 occurred.
	103	+	29 SECTION 7. IC 5-2-6.1-8, AS AMENDED BY P.L.65-2016,
	104	+	30 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	105	+	31 JULY 1, 2024]: Sec. 8. As used in this chapter, "violent crime" means
	106	+	32 the following:
	107	+	33 (1) A crime under the Indiana Code that is a felony of any kind or
	108	+	34 a Class A misdemeanor that results in bodily injury or death to the
	109	+	35 victim but does not include any of the following:
	110	+	36 (A) A crime under IC 9-30-5 resulting from the operation of a
	111	+	37 vehicle other than a motor vehicle.
	112	+	38 (B) Involuntary manslaughter resulting from the operation of
	113	+	39 a motor vehicle by a person who was not intoxicated
	114	+	40 (IC 35-42-1-4).
	115	+	41 (C) Reckless homicide resulting from the operation of a motor
	116	+	42 vehicle by a person who was not intoxicated (IC 35-42-1-5).
	117	+	ES 172—LS 6848/DI 151 3
	118	+	1 (D) Criminal recklessness involving the use of a motor
	119	+	2 vehicle, unless the offense was intentional or the person using
	120	+	3 the motor vehicle was intoxicated (IC 35-42-2-2).
	121	+	4 (E) A crime involving the operation of a motor vehicle if the
	122	+	5 driver of the motor vehicle was not charged with an offense
	123	+	6 under IC 9-30-5.
	124	+	7 (F) A battery offense included in IC 35-42-2 upon a child less
	125	+	8 than fourteen (14) years of age.
	126	+	9 (G) Child molesting (IC 35-42-4-3).
	127	+	10 (H) Child seduction (IC 35-42-4-7).
	128	+	11 (2) A crime in another jurisdiction in which the elements of the
	129	+	12 crime are substantially similar to the elements of a crime that, if
	130	+	13 the crime results in death or bodily injury to the victim, would be
	131	+	14 a felony or a Class A misdemeanor if committed in Indiana.
	132	+	15 However, the term does not include any of the following:
	133	+	16 (A) A crime in another jurisdiction resulting from operating a
	134	+	17 vehicle, other than a motor vehicle, while intoxicated.
	135	+	18 (B) A crime in another jurisdiction with elements substantially
	136	+	19 similar to involuntary manslaughter resulting from the
	137	+	20 operation of a motor vehicle if the crime was committed by a
	138	+	21 person who was not intoxicated.
	139	+	22 (C) A crime in another jurisdiction with elements substantially
	140	+	23 similar to reckless homicide resulting from the operation of a
	141	+	24 motor vehicle if the crime was committed by a person who was
	142	+	25 not intoxicated.
	143	+	26 (D) A crime in another jurisdiction with elements substantially
	144	+	27 similar to criminal recklessness involving the use of a motor
	145	+	28 vehicle unless the offense was intentional or the person using
	146	+	29 the motor vehicle was intoxicated.
	147	+	30 (E) A crime involving the operation of a motor vehicle if the
	148	+	31 driver of the motor vehicle was not charged with an offense
	149	+	32 under IC 9-30-5.
	150	+	33 (3) A terrorist act.
	151	+	34 SECTION 8. IC 5-2-6.1-11 IS AMENDED TO READ AS
	152	+	35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. The division may
	153	+	36 do the following:
	154	+	37 (1) Require from the attorney general, the state police department,
	155	+	38 local law enforcement personnel, a county department of public
	156	+	39 welfare, or a prosecuting attorney copies of investigations and
	157	+	40 data to assist the division in determining the validity of a
	158	+	41 claimant's application for assistance under this chapter.
	159	+	42 (2) Require medical examination of victims.
	160	+	ES 172—LS 6848/DI 151 4
	161	+	1 (3) (2) Hold hearings, administer oaths, examine any person
	162	+	2 under oath, issue subpoenas requiring the attendance and giving
	163	+	3 of testimony of witnesses, and require the production of books,
	164	+	4 papers, and documentary or other evidence. The subpoena powers
	165	+	5 provided in this subdivision may be exercised only by the director
	166	+	6 of the division or the director's designated representative.
	167	+	7 (4) (3) Take or cause to be taken affidavits or depositions.
	168	+	8 SECTION 9. IC 5-2-6.1-11.5, AS AMENDED BY P.L.198-2016,
	169	+	9 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	170	+	10 JULY 1, 2024]: Sec. 11.5. A claimant's: The following are
	171	+	11 confidential:
	172	+	12 (1) A claimant's:
	173	+	13 (A) personal information (as defined in IC 9-14-6-6); and
	174	+	14 (2) (B) medical records. are confidential.
	175	+	15 (2) Records obtained during an investigation under section 26
	176	+	16 of this chapter that are not publicly available.
	177	+	17 SECTION 10. IC 5-2-6.1-13, AS AMENDED BY P.L.98-2022,
	178	+	18 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	179	+	19 JULY 1, 2024]: Sec. 13. (a) Subject to subsection (b) and except as
	180	+	20 provided in subsection (c), benefits may not be awarded:
	181	+	21 (1) if the victim sustained the injury as a result of participating or
	182	+	22 assisting in, or attempting to commit or committing a criminal act;
	183	+	23 (2) if the injury occurred while the victim was a resident in a
	184	+	24 county, city, or federal jail or prison or in an institution operated
	185	+	25 by the department of correction;
	186	+	26 (3) if the victim profited or would have profited from the criminal
	187	+	27 act;
	188	+	28 (4) if, at the time the injury occurred, the victim was intoxicated
	189	+	29 and contributed to the commission of an unrelated felony; or
	190	+	30 (5) to a claimant who contributed to the injury or death of the
	191	+	31 victim.
	192	+	32 (b) If the victim is a dependent child or dependent parent of the
	193	+	33 person who commits a violent crime, compensation may be awarded
	194	+	34 where justice requires.
	195	+	35 (c) Benefits may be awarded to a person described in subsection
	196	+	36 (a)(4) who is the victim of a sex crime under IC 35-42-4, a crime
	197	+	37 involving domestic or family violence (as defined in IC 35-31.5-2-76),
	198	+	38 or a crime of domestic violence (as defined in IC 35-31.5-2-78), or
	199	+	39 incest (as defined in IC 35-46-1-3).
	200	+	40 SECTION 11. IC 5-2-6.1-16, AS AMENDED BY P.L.31-2020,
	201	+	41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	202	+	42 JULY 1, 2024]: Sec. 16. (a) A person eligible for assistance under
	203	+	ES 172—LS 6848/DI 151 5
	204	+	1 section 12 of this chapter may file an application for assistance with the
	205	+	2 division. if the violent crime was committed in Indiana.
	206	+	3 (b) Except as provided in subsections (e) and (f), the application
	207	+	4 must be received by the division not more than one hundred eighty
	208	+	5 (180) days after the date the crime was committed. The division may
	209	+	6 grant an extension of time for good cause shown by the claimant.
	210	+	7 However, and except as provided in subsections (e) and (f), the
	211	+	8 division may not accept an application that is received more than two
	212	+	9 (2) years after the date the crime was committed.
	213	+	10 (c) The application must be filed in the office of the division in
	214	+	11 person, through the division's Internet web site, or by first class or
	215	+	12 certified mail. If requested, the division shall assist a victim in
	216	+	13 preparing the application.
	217	+	14 (d) The division shall accept all applications filed in compliance
	218	+	15 with this chapter. Upon receipt of a complete application, the division
	219	+	16 shall promptly begin the investigation and processing of an application.
	220	+	17 (e) An alleged victim of a child sex crime may submit an application
	221	+	18 to the division until the victim becomes thirty-one (31) years of age or
	222	+	19 in accordance with subsection (f).
	223	+	20 (f) An alleged victim of a child sex crime described in
	224	+	21 IC 35-41-4-2(e) which meets the requirements of IC 35-41-4-2(p) may
	225	+	22 submit an application to the division not later than five (5) years after
	226	+	23 the earliest of the date on which:
	227	+	24 (1) the state first discovers evidence sufficient to charge the
	228	+	25 offender with the offense through DNA (deoxyribonucleic acid)
	229	+	26 analysis;
	230	+	27 (2) the state first becomes aware of the existence of a recording
	231	+	28 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
	232	+	29 to charge the offender with the offense; or
	233	+	30 (3) a person confesses to the offense.
	234	+	31 (g) An alleged victim of a battery offense included in IC 35-42-2
	235	+	32 upon a child less than fourteen (14) years of age may submit an
	236	+	33 application to the division not later than five (5) years after the
	237	+	34 commission of the offense.
	238	+	35 SECTION 12. IC 5-2-6.1-17, AS AMENDED BY P.L.98-2022,
	239	+	36 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	240	+	37 JULY 1, 2024]: Sec. 17. (a) Except for an alleged victim of a child sex
	241	+	38 crime, the division may not award compensation under this chapter
	242	+	39 unless the violent crime was reported to a law enforcement officer not
	243	+	40 more than seventy-two (72) hours after the occurrence of the crime.
	244	+	41 (b) The division may not award compensation under this chapter
	245	+	42 until:
	246	+	ES 172—LS 6848/DI 151 6
	247	+	1 (1) law enforcement and other records concerning the
	248	+	2 circumstances of the crime are available; and
	249	+	3 (2) any criminal investigation directly related to the crime has
	250	+	4 been substantially completed.
	251	+	5 (c) If the crime involved a motor vehicle, the division may not
	252	+	6 award compensation under this chapter until an information or
	253	+	7 indictment alleging the commission of a crime has been filed by a
	254	+	8 prosecuting attorney. The division may award compensation under
	255	+	9 this chapter before an information or indictment alleging the
	256	+	10 commission of a crime has been filed where justice requires.
	257	+	11 (d) The division may accept proof that evidence was collected
	258	+	12 through a forensic exam described in IC 16-21-8 as compliance with
	259	+	13 subsection (a) and as cooperation with law enforcement, as required
	260	+	14 by sections 18 and 19 of this chapter.
	261	+	15 SECTION 13. IC 5-2-6.1-20.5 IS ADDED TO THE INDIANA
	262	+	16 CODE AS A NEW SECTION TO READ AS FOLLOWS
	263	+	17 [EFFECTIVE JULY 1, 2024]: Sec. 20.5. The division shall deny an
	264	+	18 award of compensation under this chapter if the claimant fails to
	265	+	19 fully cooperate with the division in the review, investigation, and
	266	+	20 processing of the claim.
	267	+	21 SECTION 14. IC 5-2-6.1-21 IS REPEALED [EFFECTIVE JULY
	268	+	22 1, 2024]. Sec. 21. (a) This section applies to claims filed with the
	269	+	23 division after December 31, 2005, and before July 1, 2009.
	270	+	24 (b) This subsection does not apply to reimbursement for forensic
	271	+	25 and evidence gathering services provided under section 39 of this
	272	+	26 chapter.
	273	+	27 (c) An award may not be made unless the claimant has incurred an
	274	+	28 out-of-pocket loss of at least one hundred dollars ($100).
	275	+	29 (d) Subject to subsections (b) and (c), the division may order the
	276	+	30 payment of compensation under this chapter for any of the following:
	277	+	31 (1) Reasonable expenses incurred for necessary medical,
	278	+	32 chiropractic, hospital, dental, psychological, optometric,
	279	+	33 psychiatric, and ambulance services and prescription drugs and
	280	+	34 prosthetic devices that do not exceed the claimant's out-of-pocket
	281	+	35 loss.
	282	+	36 (2) Loss of income the:
	283	+	37 (A) victim would have earned had the victim not died or been
	284	+	38 injured, if the victim was employed at the time of the crime; or
	285	+	39 (B) parent, guardian, or custodian of a victim who is less than
	286	+	40 eighteen (18) years of age incurred by taking time off work to
	287	+	41 care for the victim.
	288	+	42 A claimant seeking reimbursement under this subdivision must
	289	+	ES 172—LS 6848/DI 151 7
	290	+	1 provide the division with proof of employment and current wages.
	291	+	2 (3) Reasonable emergency shelter care expenses, not to exceed
	292	+	3 the expenses for thirty (30) days, that are incurred for the claimant
	293	+	4 or a dependent of the claimant to avoid contact with a person who
	294	+	5 committed the violent crime.
	295	+	6 (4) Reasonable expense incurred for child care, not to exceed one
	296	+	7 thousand dollars ($1,000), to replace child care the victim would
	297	+	8 have supplied had the victim not died or been injured.
	298	+	9 (5) Loss of financial support the victim would have supplied to
	299	+	10 legal dependents had the victim not died or been injured.
	300	+	11 (6) Documented expenses incurred for funeral, burial, or
	301	+	12 cremation of the victim that do not exceed four thousand dollars
	302	+	13 ($4,000). The division shall disburse compensation under this
	303	+	14 subdivision in accordance with guidelines adopted by the
	304	+	15 division.
	305	+	16 (7) Other actual expenses resulting from the bodily injury or death
	306	+	17 of the victim, including costs of mental health care, not to exceed
	307	+	18 two thousand dollars ($2,000) for the immediate family of a
	308	+	19 homicide or sex crime victim, and any other actual expenses that
	309	+	20 the division determines reasonable.
	310	+	21 (e) If a health care provider accepts payment from the division
	311	+	22 under this chapter, the health care provider may not require the victim
	312	+	23 to pay a copayment or an additional fee for the provision of services.
	313	+	24 (f) A health care provider who seeks compensation from the
	314	+	25 division under this chapter may not simultaneously seek funding for
	315	+	26 services provided to a victim from any other source.
	316	+	27 SECTION 15. IC 5-2-6.1-21.1, AS AMENDED BY THE
	317	+	28 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
	318	+	29 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	319	+	30 JULY 1, 2024]: Sec. 21.1. (a) This section applies to claims filed with
	320	+	31 the division after June 30, 2009.
	321	+	32 (b) This subsection section does not apply to reimbursement for
	322	+	33 forensic and evidence gathering services provided under section 39 of
	323	+	34 this chapter.
	324	+	35 (c) An award may not be made unless the claimant has incurred an
	325	+	36 out-of-pocket loss expense that exceeds of at least one hundred dollars
	326	+	37 ($100) or has incurred loss of income that exceeds one hundred
	327	+	38 dollars ($100).
	328	+	39 (d) Subject to subsections (b) and (c), the division may order the
	329	+	40 payment of compensation under this chapter for any of the following
	330	+	41 reasonable, documented expenses incurred within one hundred
	331	+	42 eighty (180) days after the date of the violent crime:
	332	+	ES 172—LS 6848/DI 151 8
	333	+	1 (1) Reasonable expenses incurred within one hundred eighty
	334	+	2 (180) days after the date of the violent crime for Necessary:
	335	+	3 (A) medical, chiropractic, hospital, dental, optometric, and
	336	+	4 ambulance services;
	337	+	5 (B) prescription drugs; and
	338	+	6 (C) prosthetic devices;
	339	+	7 that do not exceed the claimant's out-of-pocket loss. expense.
	340	+	8 (2) Loss of income:
	341	+	9 (A) the victim would have earned had the victim not died or
	342	+	10 been injured, if the victim was employed at the time of the
	343	+	11 violent crime; or
	344	+	12 (B) the parent, guardian, or custodian of a victim who is less
	345	+	13 than eighteen (18) years of age incurred by taking time off
	346	+	14 from work to care for the victim; or
	347	+	15 (C) the spouse of a victim incurred by taking time off from
	348	+	16 work to care for the victim.
	349	+	17 A claimant seeking reimbursement under this subdivision must
	350	+	18 provide the division with proof of employment and current wages.
	351	+	19 (3) Reasonable Emergency shelter care expenses, not to exceed
	352	+	20 the expenses for thirty (30) days, that are incurred for the claimant
	353	+	21 or a dependent of the claimant to avoid contact with a person who
	354	+	22 committed the violent crime.
	355	+	23 (4) Reasonable Expense incurred for child care, not to exceed one
	356	+	24 thousand dollars ($1,000), to replace child care the victim would
	357	+	25 have supplied had the victim not died or been injured.
	358	+	26 (5) Loss of financial support the victim would have supplied to
	359	+	27 legal dependents had the victim not died or been injured.
	360	+	28 (6) Documented Expenses incurred for funeral, burial, or
	361	+	29 cremation of the victim that do not exceed five thousand dollars
	362	+	30 ($5,000). The division shall disburse compensation under this
	363	+	31 subdivision in accordance with guidelines adopted by the
	364	+	32 division.
	365	+	33 (7) Outpatient mental health counseling, not to exceed three
	366	+	34 thousand dollars ($3,000), concerning mental health issues related
	367	+	35 to the violent crime.
	368	+	36 (8) Other actual expenses related to bodily injury to or the death
	369	+	37 of the victim that the division determines are reasonable.
	370	+	38 (9) Replacement of windows or door locks.
	371	+	39 (10) Cleanup of the scene of a violent crime.
	372	+	40 (e) The division shall obtain written verification of all losses and
	373	+	41 expenses requested under this section before making an award.
	374	+	42 (e) (f) If a health care provider accepts payment from the division
	375	+	ES 172—LS 6848/DI 151 9
	376	+	1 under this chapter, the health care provider may not require the victim
	377	+	2 to pay a copayment or an additional fee for the provision of services.
	378	+	3 (f) (g) A health care provider who seeks compensation from the
	379	+	4 division under this chapter may not simultaneously seek funding for
	380	+	5 services provided to a victim from any other source.
	381	+	6 (g) (h) The director may extend the one hundred eighty (180) day
	382	+	7 compensation period established by subsection (d)(1) (d) for a period
	383	+	8 not to exceed two (2) years after the date of the violent crime if:
	384	+	9 (1) the victim or the victim's representative requests the
	385	+	10 extension; and
	386	+	11 (2) medical records and other documentation provided by the
	387	+	12 attending medical providers indicate that an extension is
	388	+	13 appropriate.
	389	+	14 (h) (i) The director may extend the one hundred eighty (180) day
	390	+	15 compensation period established by subsection (d)(1) (d) for outpatient
	391	+	16 mental health counseling, established by subsection (d)(7) where
	392	+	17 justice requires, but for a period not to exceed two (2) years. if the
	393	+	18 victim:
	394	+	19 (1) was allegedly a victim of a sex crime (under IC 35-42-4) or
	395	+	20 incest (under IC 35-46-1-3);
	396	+	21 (2) was under eighteen (18) years of age at the time of the alleged
	397	+	22 crime; and
	398	+	23 (3) did not reveal the crime within two (2) years after the date of
	399	+	24 the alleged crime.
	400	+	25 SECTION 16. IC 5-2-6.1-24, AS AMENDED BY P.L.100-2012,
	401	+	26 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	402	+	27 JULY 1, 2024]: Sec. 24. The division shall employ sufficient hearing
	403	+	28 officers claims analysts to review each application for an award to
	404	+	29 carry out this chapter.
	405	+	30 SECTION 17. IC 5-2-6.1-25 IS AMENDED TO READ AS
	406	+	31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 25. (a) The division
	407	+	32 shall review all applications to ensure that the applications are
	408	+	33 complete.
	409	+	34 (b) If an application is not complete, the application shall be
	410	+	35 returned to the applicant with a brief statement of the additional
	411	+	36 information required.
	412	+	37 (c) The applicant may, not more than thirty (30) days after receipt
	413	+	38 of the request for additional information, either supply the information
	414	+	39 or appeal to seek an extension from the director. division.
	415	+	40 (d) The decision of the director is final.
	416	+	41 (e) (d) If:
	417	+	42 (1) the applicant does not furnish additional information; or
	418	+	ES 172—LS 6848/DI 151 10
	419	+	1 (2) additional time is not granted by the director for good cause;
	420	+	2 or
	421	+	3 (3) the applicant does not appeal the request not later than thirty
	422	+	4 (30) days after the request;
	423	+	5 the application shall be denied.
	424	+	6 SECTION 18. IC 5-2-6.1-26, AS AMENDED BY P.L.113-2014,
	425	+	7 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	426	+	8 JULY 1, 2024]: Sec. 26. (a) If an application is complete, the division
	427	+	9 shall accept the application for filing and investigate the facts stated in
	428	+	10 the application.
	429	+	11 (b) As part of the investigation, the division shall verify that:
	430	+	12 (1) a violent crime was committed;
	431	+	13 (2) the victim was killed or suffered bodily injury as a result of the
	432	+	14 crime;
	433	+	15 (3) the requirements of sections 13, 16(a), 16(b), 17, 18, and 19
	434	+	16 of this chapter are met; and
	435	+	17 (4) (3) out-of-pocket loss expense exceeded one hundred dollars
	436	+	18 ($100);
	437	+	19 (4) loss of income exceeded one hundred dollars ($100); and
	438	+	20 (5) all other requirements of this chapter are met.
	439	+	21 SECTION 19. IC 5-2-6.1-27 IS REPEALED [EFFECTIVE JULY
	440	+	22 1, 2024]. Sec. 27. (a) A hearing officer may hold a hearing concerning
	441	+	23 the merits of the application to allow any interested person to appear to
	442	+	24 offer evidence and argument on any issue relevant to the application or
	443	+	25 to the facts surrounding the bodily injury or death upon which the
	444	+	26 application is based.
	445	+	27 (b) If a hearing is held, the claimant shall be notified in writing by
	446	+	28 certified mail with return receipt requested fifteen (15) days in advance
	447	+	29 concerning the date, time, place, and scope of the hearing in
	448	+	30 accordance with IC 4-21.5-3.
	449	+	31 (c) A hearing must be open to the public unless the hearing officer,
	450	+	32 in consultation with the director, determines that the hearing or a part
	451	+	33 of the hearing should be held in private in the interest of the victim or
	452	+	34 society where justice requires.
	453	+	35 SECTION 20. IC 5-2-6.1-27.5 IS ADDED TO THE INDIANA
	454	+	36 CODE AS A NEW SECTION TO READ AS FOLLOWS
	455	+	37 [EFFECTIVE JULY 1, 2024]: Sec. 27.5. (a) If, after investigation of
	456	+	38 the application, the division determines that the applicant does not
	457	+	39 qualify for compensation, a denial letter shall be issued to the
	458	+	40 applicant.
	459	+	41 (b) A denial of an application under this chapter constitutes an
	460	+	42 agency action for purposes of IC 4-21.5.
	461	+	ES 172—LS 6848/DI 151 11
	462	+	1 SECTION 21. IC 5-2-6.1-28 IS REPEALED [EFFECTIVE JULY
	463	+	2 1, 2024]. Sec. 28. (a) Not more than ten (10) days after the hearing, the
	464	+	3 hearing officer shall issue a written decision supported by findings of
	465	+	4 fact and conclusions of law based on the record from the hearing, the
	466	+	5 investigation, and the application of the claimant.
	467	+	6 (b) Copies of the decision shall be mailed to the claimant at the
	468	+	7 address given in the application and to the attorney general.
	469	+	8 SECTION 22. IC 5-2-6.1-28.5 IS ADDED TO THE INDIANA
	470	+	9 CODE AS A NEW SECTION TO READ AS FOLLOWS
	471	+	10 [EFFECTIVE JULY 1, 2024]: Sec. 28.5. A claimant aggrieved by an
	472	+	11 action under this chapter may request an appeal under IC 4-21.5
	473	+	12 by making a written request to the director within thirty (30) days
	474	+	13 of the date of the denial letter.
	475	+	14 SECTION 23. IC 5-2-6.1-29 IS REPEALED [EFFECTIVE JULY
	476	+	15 1, 2024]. Sec. 29. (a) The state or a claimant may appeal the findings
	477	+	16 of the hearing officer not more than twenty-one (21) days after the date
	478	+	17 of receipt of the findings by filing a written appeal with the director.
	479	+	18 (b) If an appeal is filed, the director shall review the matter and
	480	+	19 place the appeal on the docket for review by the division.
	481	+	20 SECTION 24. IC 5-2-6.1-29.5 IS ADDED TO THE INDIANA
	482	+	21 CODE AS A NEW SECTION TO READ AS FOLLOWS
	483	+	22 [EFFECTIVE JULY 1, 2024]: Sec. 29.5. (a) The state or a claimant
	484	+	23 may appeal an order issued by an administrative law judge under
	485	+	24 IC 4-21.5 within twenty-one (21) days of the date of the written
	486	+	25 determination by filing a written appeal with the director who shall
	487	+	26 place the appeal on the docket for review by the board of trustees
	488	+	27 of the institute.
	489	+	28 (b) An appeal under this section shall be limited to those facts
	490	+	29 evidenced in the record or proceedings and may, at the discretion
	491	+	30 of the board of trustees of the institute, be supplemented with a
	492	+	31 written statement by either the division or the claimant.
	493	+	32 (c) A decision by the board of trustees of the institute shall be
	494	+	33 conclusive and binding upon the state and claimant, subject to
	495	+	34 judicial review under IC 4-21.5.
	496	+	35 SECTION 25. IC 5-2-6.1-30 IS REPEALED [EFFECTIVE JULY
	497	+	36 1, 2024]. Sec. 30. A proceeding under this chapter must be according
	498	+	37 to procedures adopted by the division.
	499	+	38 SECTION 26. IC 5-2-6.1-31 IS REPEALED [EFFECTIVE JULY
	500	+	39 1, 2024]. Sec. 31. The hearing officer may not deny an award without
	501	+	40 providing the claimant with an opportunity for a hearing.
	502	+	41 SECTION 27. IC 5-2-6.1-36 IS REPEALED [EFFECTIVE JULY
	503	+	42 1, 2024]. Sec. 36. (a) If:
	504	+	ES 172—LS 6848/DI 151 12
	505	+	1 (1) the division determines that a claimant will suffer severe
	506	+	2 financial hardship unless an emergency award is made; and
	507	+	3 (2) it appears likely that a final award will be made;
	508	+	4 an emergency award not to exceed five hundred dollars ($500) may be
	509	+	5 authorized by the director or the director's designated representative.
	510	+	6 (b) The amount of an emergency award is:
	511	+	7 (1) deducted from the final award made by the division; and
	512	+	8 (2) recoverable from the claimant if no award is made by the
	513	+	9 division or to the extent that the emergency award exceeds the
	514	+	10 amount of the final award.
	515	+	11 SECTION 28. IC 5-14-3-4, AS AMENDED BY P.L.86-2022,
	516	+	12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	517	+	13 JULY 1, 2024]: Sec. 4. (a) The following public records are excepted
	518	+	14 from section 3 of this chapter and may not be disclosed by a public
	519	+	15 agency, unless access to the records is specifically required by a state
	520	+	16 or federal statute or is ordered by a court under the rules of discovery:
	521	+	17 (1) Those declared confidential by state statute.
	522	+	18 (2) Those declared confidential by rule adopted by a public
	523	+	19 agency under specific authority to classify public records as
	524	+	20 confidential granted to the public agency by statute.
	525	+	21 (3) Those required to be kept confidential by federal law.
	526	+	22 (4) Records containing trade secrets.
	527	+	23 (5) Confidential financial information obtained, upon request,
	528	+	24 from a person. However, this does not include information that is
	529	+	25 filed with or received by a public agency pursuant to state statute.
	530	+	26 (6) Information concerning research, including actual research
	531	+	27 documents, conducted under the auspices of a state educational
	532	+	28 institution, including information:
	533	+	29 (A) concerning any negotiations made with respect to the
	534	+	30 research; and
	535	+	31 (B) received from another party involved in the research.
	536	+	32 (7) Grade transcripts and license examination scores obtained as
	537	+	33 part of a licensure process.
	538	+	34 (8) Those declared confidential by or under rules adopted by the
	539	+	35 supreme court of Indiana.
	540	+	36 (9) Patient medical records and charts created by a provider,
	541	+	37 unless the patient gives written consent under IC 16-39 or as
	542	+	38 provided under IC 16-41-8.
	543	+	39 (10) Application information declared confidential by the Indiana
	544	+	40 economic development corporation under IC 5-28.
	545	+	41 (11) A photograph, a video recording, or an audio recording of an
	546	+	42 autopsy, except as provided in IC 36-2-14-10.
	547	+	ES 172—LS 6848/DI 151 13
	548	+	1 (12) A Social Security number contained in the records of a
	549	+	2 public agency.
	550	+	3 (13) The following information that is part of a foreclosure action
	551	+	4 subject to IC 32-30-10.5:
	552	+	5 (A) Contact information for a debtor, as described in
	553	+	6 IC 32-30-10.5-8(d)(1)(B).
	554	+	7 (B) Any document submitted to the court as part of the debtor's
	555	+	8 loss mitigation package under IC 32-30-10.5-10(a)(3).
	556	+	9 (14) The following information obtained from a call made to a
	557	+	10 fraud hotline established under IC 36-1-8-8.5:
	558	+	11 (A) The identity of any individual who makes a call to the
	559	+	12 fraud hotline.
	560	+	13 (B) A report, transcript, audio recording, or other information
	561	+	14 concerning a call to the fraud hotline.
	562	+	15 However, records described in this subdivision may be disclosed
	563	+	16 to a law enforcement agency, a private university police
	564	+	17 department, the attorney general, the inspector general, the state
	565	+	18 examiner, or a prosecuting attorney.
	566	+	19 (15) Information described in section 5(c)(3)(B) of this chapter
	567	+	20 that is contained in a daily log or record described in section 5(c)
	568	+	21 of this chapter for a victim of a crime or delinquent act who is less
	569	+	22 than eighteen (18) years of age, unless and to the extent that:
	570	+	23 (A) a parent, guardian, or custodian of the victim consents in
	571	+	24 writing to public disclosure of the records; and
	572	+	25 (B) that parent, guardian, or custodian of the victim has not
	573	+	26 been charged with or convicted of committing a crime against
	574	+	27 the victim.
	575	+	28 However, records described in this subdivision may be disclosed
	576	+	29 to the department of child services.
	577	+	30 (b) Except as otherwise provided by subsection (a), the following
	578	+	31 public records shall be excepted from section 3 of this chapter at the
	579	+	32 discretion of a public agency:
	580	+	33 (1) Investigatory records of law enforcement agencies or private
	581	+	34 university police departments. For purposes of this chapter, a law
	582	+	35 enforcement recording is not an investigatory record. However,
	583	+	36 information described in subsection (a)(15) contained in a law
	584	+	37 enforcement recording is exempt from disclosure, unless and to
	585	+	38 the extent that a parent, guardian, or custodian of the victim
	586	+	39 consents in writing to public disclosure of the records. However,
	587	+	40 a parent, guardian, or custodian charged with or convicted of a
	588	+	41 crime against the victim may not consent to public disclosure of
	589	+	42 the records. Law enforcement agencies or private university
	590	+	ES 172—LS 6848/DI 151 14
	591	+	1 police departments may share investigatory records with: a:
	592	+	2 (A) a person who advocates on behalf of a crime victim,
	593	+	3 including a victim advocate (as defined in IC 35-37-6-3.5) or
	594	+	4 a victim service provider (as defined in IC 35-37-6-5), for the
	595	+	5 purposes of providing services to a victim or describing
	596	+	6 services that may be available to a victim; and
	597	+	7 (B) a school corporation (as defined by IC 20-18-2-16(a)),
	598	+	8 charter school (as defined by IC 20-24-1-4), or nonpublic
	599	+	9 school (as defined by IC 20-18-2-12) for the purpose of
	600	+	10 enhancing the safety or security of a student or a school
	601	+	11 facility; and
	602	+	12 (C) the victim services division of the Indiana criminal
	603	+	13 justice institute under IC 5-2-6-8, for the purposes of
	604	+	14 conducting an investigation under IC 5-2-6.1-26;
	605	+	15 without the law enforcement agency or private university police
	606	+	16 department losing its discretion to keep those records confidential
	607	+	17 from other records requesters. However, certain law enforcement
	608	+	18 records must be made available for inspection and copying as
	609	+	19 provided in section 5 of this chapter.
	610	+	20 (2) The work product of an attorney representing, pursuant to
	611	+	21 state employment or an appointment by a public agency:
	612	+	22 (A) a public agency;
	613	+	23 (B) the state; or
	614	+	24 (C) an individual.
	615	+	25 (3) Test questions, scoring keys, and other examination data used
	616	+	26 in administering a licensing examination, examination for
	617	+	27 employment, or academic examination before the examination is
	618	+	28 given or if it is to be given again.
	619	+	29 (4) Scores of tests if the person is identified by name and has not
	620	+	30 consented to the release of the person's scores.
	621	+	31 (5) The following:
	622	+	32 (A) Records relating to negotiations between:
	623	+	33 (i) the Indiana economic development corporation;
	624	+	34 (ii) the ports of Indiana;
	625	+	35 (iii) the Indiana state department of agriculture;
	626	+	36 (iv) the Indiana finance authority;
	627	+	37 (v) an economic development commission;
	628	+	38 (vi) the Indiana White River state park development
	629	+	39 commission;
	630	+	40 (vii) a local economic development organization that is a
	631	+	41 nonprofit corporation established under state law whose
	632	+	42 primary purpose is the promotion of industrial or business
	633	+	ES 172—LS 6848/DI 151 15
	634	+	1 development in Indiana, the retention or expansion of
	635	+	2 Indiana businesses, or the development of entrepreneurial
	636	+	3 activities in Indiana; or
	637	+	4 (viii) a governing body of a political subdivision;
	638	+	5 with industrial, research, or commercial prospects, if the
	639	+	6 records are created while negotiations are in progress.
	640	+	7 However, this clause does not apply to records regarding
	641	+	8 research that is prohibited under IC 16-34.5-1-2 or any other
	642	+	9 law.
	643	+	10 (B) Notwithstanding clause (A), the terms of the final offer of
	644	+	11 public financial resources communicated by the Indiana
	645	+	12 economic development corporation, the ports of Indiana, the
	646	+	13 Indiana finance authority, an economic development
	647	+	14 commission, the Indiana White River state park development
	648	+	15 commission, or a governing body of a political subdivision to
	649	+	16 an industrial, a research, or a commercial prospect shall be
	650	+	17 available for inspection and copying under section 3 of this
	651	+	18 chapter after negotiations with that prospect have terminated.
	652	+	19 (C) When disclosing a final offer under clause (B), the Indiana
	653	+	20 economic development corporation shall certify that the
	654	+	21 information being disclosed accurately and completely
	655	+	22 represents the terms of the final offer.
	656	+	23 (D) Notwithstanding clause (A), an incentive agreement with
	657	+	24 an incentive recipient shall be available for inspection and
	658	+	25 copying under section 3 of this chapter after the date the
	659	+	26 incentive recipient and the Indiana economic development
	660	+	27 corporation execute the incentive agreement regardless of
	661	+	28 whether negotiations are in progress with the recipient after
	662	+	29 that date regarding a modification or extension of the incentive
	663	+	30 agreement.
	664	+	31 (6) Records that are intra-agency or interagency advisory or
	665	+	32 deliberative material, including material developed by a private
	666	+	33 contractor under a contract with a public agency, that are
	667	+	34 expressions of opinion or are of a speculative nature, and that are
	668	+	35 communicated for the purpose of decision making.
	669	+	36 (7) Diaries, journals, or other personal notes serving as the
	670	+	37 functional equivalent of a diary or journal.
	671	+	38 (8) Personnel files of public employees and files of applicants for
	672	+	39 public employment, except for:
	673	+	40 (A) the name, compensation, job title, business address,
	674	+	41 business telephone number, job description, education and
	675	+	42 training background, previous work experience, or dates of
	676	+	ES 172—LS 6848/DI 151 16
	677	+	1 first and last employment of present or former officers or
	678	+	2 employees of the agency;
	679	+	3 (B) information relating to the status of any formal charges
	680	+	4 against the employee; and
	681	+	5 (C) the factual basis for a disciplinary action in which final
	682	+	6 action has been taken and that resulted in the employee being
	683	+	7 suspended, demoted, or discharged.
	684	+	8 However, all personnel file information shall be made available
	685	+	9 to the affected employee or the employee's representative. This
	686	+	10 subdivision does not apply to disclosure of personnel information
	687	+	11 generally on all employees or for groups of employees without the
	688	+	12 request being particularized by employee name.
	689	+	13 (9) Minutes or records of hospital medical staff meetings.
	690	+	14 (10) Administrative or technical information that would
	691	+	15 jeopardize a record keeping system, voting system, voter
	692	+	16 registration system, or security system.
	693	+	17 (11) Computer programs, computer codes, computer filing
	694	+	18 systems, and other software that are owned by the public agency
	695	+	19 or entrusted to it and portions of electronic maps entrusted to a
	696	+	20 public agency by a utility.
	697	+	21 (12) Records specifically prepared for discussion or developed
	698	+	22 during discussion in an executive session under IC 5-14-1.5-6.1.
	699	+	23 However, this subdivision does not apply to that information
	700	+	24 required to be available for inspection and copying under
	701	+	25 subdivision (8).
	702	+	26 (13) The work product of the legislative services agency under
	703	+	27 personnel rules approved by the legislative council.
	704	+	28 (14) The work product of individual members and the partisan
	705	+	29 staffs of the general assembly.
	706	+	30 (15) The identity of a donor of a gift made to a public agency if:
	707	+	31 (A) the donor requires nondisclosure of the donor's identity as
	708	+	32 a condition of making the gift; or
	709	+	33 (B) after the gift is made, the donor or a member of the donor's
	710	+	34 family requests nondisclosure.
	711	+	35 (16) Library or archival records:
	712	+	36 (A) which can be used to identify any library patron; or
	713	+	37 (B) deposited with or acquired by a library upon a condition
	714	+	38 that the records be disclosed only:
	715	+	39 (i) to qualified researchers;
	716	+	40 (ii) after the passing of a period of years that is specified in
	717	+	41 the documents under which the deposit or acquisition is
	718	+	42 made; or
	719	+	ES 172—LS 6848/DI 151 17
	720	+	1 (iii) after the death of persons specified at the time of the
	721	+	2 acquisition or deposit.
	722	+	3 However, nothing in this subdivision shall limit or affect contracts
	723	+	4 entered into by the Indiana state library pursuant to IC 4-1-6-8.
	724	+	5 (17) The identity of any person who contacts the bureau of motor
	725	+	6 vehicles concerning the ability of a driver to operate a motor
	726	+	7 vehicle safely and the medical records and evaluations made by
	727	+	8 the bureau of motor vehicles staff or members of the driver
	728	+	9 licensing medical advisory board regarding the ability of a driver
	729	+	10 to operate a motor vehicle safely. However, upon written request
	730	+	11 to the commissioner of the bureau of motor vehicles, the driver
	731	+	12 must be given copies of the driver's medical records and
	732	+	13 evaluations.
	733	+	14 (18) School safety and security measures, plans, and systems,
	734	+	15 including emergency preparedness plans developed under 511
	735	+	16 IAC 6.1-2-2.5.
	736	+	17 (19) A record or a part of a record, the public disclosure of which
	737	+	18 would have a reasonable likelihood of threatening public safety
	738	+	19 by exposing a vulnerability to terrorist attack. A record described
	739	+	20 under this subdivision includes the following:
	740	+	21 (A) A record assembled, prepared, or maintained to prevent,
	741	+	22 mitigate, or respond to an act of terrorism under IC 35-47-12-1
	742	+	23 (before its repeal), an act of agricultural terrorism under
	743	+	24 IC 35-47-12-2 (before its repeal), or a felony terrorist offense
	744	+	25 (as defined in IC 35-50-2-18).
	745	+	26 (B) Vulnerability assessments.
	746	+	27 (C) Risk planning documents.
	747	+	28 (D) Needs assessments.
	748	+	29 (E) Threat assessments.
	749	+	30 (F) Intelligence assessments.
	750	+	31 (G) Domestic preparedness strategies.
	751	+	32 (H) The location of community drinking water wells and
	752	+	33 surface water intakes.
	753	+	34 (I) The emergency contact information of emergency
	754	+	35 responders and volunteers.
	755	+	36 (J) Infrastructure records that disclose the configuration of
	756	+	37 critical systems such as voting system and voter registration
	757	+	38 system critical infrastructure, and communication, electrical,
	758	+	39 ventilation, water, and wastewater systems.
	759	+	40 (K) Detailed drawings or specifications of structural elements,
	760	+	41 floor plans, and operating, utility, or security systems, whether
	761	+	42 in paper or electronic form, of any building or facility located
	762	+	ES 172—LS 6848/DI 151 18
	763	+	1 on an airport (as defined in IC 8-21-1-1) that is owned,
	764	+	2 occupied, leased, or maintained by a public agency, or any part
	765	+	3 of a law enforcement recording that captures information
	766	+	4 about airport security procedures, areas, or systems. A record
	767	+	5 described in this clause may not be released for public
	768	+	6 inspection by any public agency without the prior approval of
	769	+	7 the public agency that owns, occupies, leases, or maintains the
	770	+	8 airport. Both of the following apply to the public agency that
	771	+	9 owns, occupies, leases, or maintains the airport:
	772	+	10 (i) The public agency is responsible for determining whether
	773	+	11 the public disclosure of a record or a part of a record,
	774	+	12 including a law enforcement recording, has a reasonable
	775	+	13 likelihood of threatening public safety by exposing a
	776	+	14 security procedure, area, system, or vulnerability to terrorist
	777	+	15 attack.
	778	+	16 (ii) The public agency must identify a record described
	779	+	17 under item (i) and clearly mark the record as "confidential
	780	+	18 and not subject to public disclosure under
	781	+	19 IC 5-14-3-4(b)(19)(J) without approval of (insert name of
	782	+	20 submitting public agency)". However, in the case of a law
	783	+	21 enforcement recording, the public agency must clearly mark
	784	+	22 the record as "confidential and not subject to public
	785	+	23 disclosure under IC 5-14-3-4(b)(19)(K) without approval of
	786	+	24 (insert name of the public agency that owns, occupies,
	787	+	25 leases, or maintains the airport)".
	788	+	26 (L) The home address, home telephone number, and
	789	+	27 emergency contact information for any:
	790	+	28 (i) emergency management worker (as defined in
	791	+	29 IC 10-14-3-3);
	792	+	30 (ii) public safety officer (as defined in IC 35-47-4.5-3);
	793	+	31 (iii) emergency medical responder (as defined in
	794	+	32 IC 16-18-2-109.8); or
	795	+	33 (iv) advanced emergency medical technician (as defined in
	796	+	34 IC 16-18-2-6.5).
	797	+	35 This subdivision does not apply to a record or portion of a record
	798	+	36 pertaining to a location or structure owned or protected by a
	799	+	37 public agency in the event that an act of terrorism under
	800	+	38 IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
	801	+	39 under IC 35-47-12-2 (before its repeal), or a felony terrorist
	802	+	40 offense (as defined in IC 35-50-2-18) has occurred at that location
	803	+	41 or structure, unless release of the record or portion of the record
	804	+	42 would have a reasonable likelihood of threatening public safety
	805	+	ES 172—LS 6848/DI 151 19
	806	+	1 by exposing a vulnerability of other locations or structures to
	807	+	2 terrorist attack.
	808	+	3 (20) The following personal information concerning a customer
	809	+	4 of a municipally owned utility (as defined in IC 8-1-2-1):
	810	+	5 (A) Telephone number.
	811	+	6 (B) Address.
	812	+	7 (C) Social Security number.
	813	+	8 (21) The following personal information about a complainant
	814	+	9 contained in records of a law enforcement agency:
	815	+	10 (A) Telephone number.
	816	+	11 (B) The complainant's address. However, if the complainant's
	817	+	12 address is the location of the suspected crime, infraction,
	818	+	13 accident, or complaint reported, the address shall be made
	819	+	14 available for public inspection and copying.
	820	+	15 (22) Notwithstanding subdivision (8)(A), the name,
	821	+	16 compensation, job title, business address, business telephone
	822	+	17 number, job description, education and training background,
	823	+	18 previous work experience, or dates of first employment of a law
	824	+	19 enforcement officer who is operating in an undercover capacity.
	825	+	20 (23) Records requested by an offender, an agent, or a relative of
	826	+	21 an offender that:
	827	+	22 (A) contain personal information relating to:
	828	+	23 (i) a correctional officer (as defined in IC 5-10-10-1.5);
	829	+	24 (ii) a probation officer;
	830	+	25 (iii) a community corrections officer;
	831	+	26 (iv) a law enforcement officer (as defined in
	832	+	27 IC 35-31.5-2-185);
	833	+	28 (v) a judge (as defined in IC 33-38-12-3);
	834	+	29 (vi) the victim of a crime; or
	835	+	30 (vii) a family member of a correctional officer, probation
	836	+	31 officer, community corrections officer, law enforcement
	837	+	32 officer (as defined in IC 35-31.5-2-185), judge (as defined
	838	+	33 in IC 33-38-12-3), or victim of a crime; or
	839	+	34 (B) concern or could affect the security of a jail or correctional
	840	+	35 facility.
	841	+	36 For purposes of this subdivision, "agent" means a person who is
	842	+	37 authorized by an offender to act on behalf of, or at the direction
	843	+	38 of, the offender, and "relative" has the meaning set forth in
	844	+	39 IC 35-42-2-1(b). However, the term "agent" does not include an
	845	+	40 attorney in good standing admitted to the practice of law in
	846	+	41 Indiana.
	847	+	42 (24) Information concerning an individual less than eighteen (18)
	848	+	ES 172—LS 6848/DI 151 20
	849	+	1 years of age who participates in a conference, meeting, program,
	850	+	2 or activity conducted or supervised by a state educational
	851	+	3 institution, including the following information regarding the
	852	+	4 individual or the individual's parent or guardian:
	853	+	5 (A) Name.
	854	+	6 (B) Address.
	855	+	7 (C) Telephone number.
	856	+	8 (D) Electronic mail account address.
	857	+	9 (25) Criminal intelligence information.
	858	+	10 (26) The following information contained in a report of unclaimed
	859	+	11 property under IC 32-34-1.5-18 or in a claim for unclaimed
	860	+	12 property under IC 32-34-1.5-48:
	861	+	13 (A) Date of birth.
	862	+	14 (B) Driver's license number.
	863	+	15 (C) Taxpayer identification number.
	864	+	16 (D) Employer identification number.
	865	+	17 (E) Account number.
	866	+	18 (27) Except as provided in subdivision (19) and sections 5.1 and
	867	+	19 5.2 of this chapter, a law enforcement recording. However, before
	868	+	20 disclosing the recording, the public agency must comply with the
	869	+	21 obscuring requirements of sections 5.1 and 5.2 of this chapter, if
	870	+	22 applicable.
	871	+	23 (28) Records relating to negotiations between a state educational
	872	+	24 institution and another entity concerning the establishment of a
	873	+	25 collaborative relationship or venture to advance the research,
	874	+	26 engagement, or educational mission of the state educational
	875	+	27 institution, if the records are created while negotiations are in
	876	+	28 progress. The terms of the final offer of public financial resources
	877	+	29 communicated by the state educational institution to an industrial,
	878	+	30 a research, or a commercial prospect shall be available for
	879	+	31 inspection and copying under section 3 of this chapter after
	880	+	32 negotiations with that prospect have terminated. However, this
	881	+	33 subdivision does not apply to records regarding research
	882	+	34 prohibited under IC 16-34.5-1-2 or any other law.
	883	+	35 (c) Nothing contained in subsection (b) shall limit or affect the right
	884	+	36 of a person to inspect and copy a public record required or directed to
	885	+	37 be made by any statute or by any rule of a public agency.
	886	+	38 (d) Notwithstanding any other law, a public record that is classified
	887	+	39 as confidential, other than a record concerning an adoption or patient
	888	+	40 medical records, shall be made available for inspection and copying
	889	+	41 seventy-five (75) years after the creation of that record.
	890	+	42 (e) Only the content of a public record may form the basis for the
	891	+	ES 172—LS 6848/DI 151 21
	892	+	1 adoption by any public agency of a rule or procedure creating an
	893	+	2 exception from disclosure under this section.
	894	+	3 (f) Except as provided by law, a public agency may not adopt a rule
	895	+	4 or procedure that creates an exception from disclosure under this
	896	+	5 section based upon whether a public record is stored or accessed using
	897	+	6 paper, electronic media, magnetic media, optical media, or other
	898	+	7 information storage technology.
	899	+	8 (g) Except as provided by law, a public agency may not adopt a rule
	900	+	9 or procedure nor impose any costs or liabilities that impede or restrict
	901	+	10 the reproduction or dissemination of any public record.
	902	+	11 (h) Notwithstanding subsection (d) and section 7 of this chapter:
	903	+	12 (1) public records subject to IC 5-15 may be destroyed only in
	904	+	13 accordance with record retention schedules under IC 5-15; or
	905	+	14 (2) public records not subject to IC 5-15 may be destroyed in the
	906	+	15 ordinary course of business.
	907	+	ES 172—LS 6848/DI 151 22
	908	+	COMMITTEE REPORT
	909	+	Madam President: The Senate Committee on Corrections and
	910	+	Criminal Law, to which was referred Senate Bill No. 172, has had the
	911	+	same under consideration and begs leave to report the same back to the
	912	+	Senate with the recommendation that said bill DO PASS.
	913	+	(Reference is to SB 172 as introduced.)
	914	+
	915	+	FREEMAN, Chairperson
	916	+	Committee Vote: Yeas 8, Nays 0
	917	+	_____
	918	+	COMMITTEE REPORT
	919	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	920	+	which was referred Senate Bill 172, has had the same under
	921	+	consideration and begs leave to report the same back to the House with
	922	+	the recommendation that said bill be amended as follows:
	923	+	Page 11, line 26, delete "division." and insert "board of trustees of
	924	+	the institute.".
	925	+	Page 11, line 29, delete "division," and insert "board of trustees of
	926	+	the institute,".
	927	+	Page 11, line 31, delete "division" and insert "board of trustees of
	928	+	the institute".
	929	+	Page 14, line 13, delete "." and insert ";".
	930	+	and when so amended that said bill do pass.
	931	+	(Reference is to SB 172 as printed January 17, 2024.)
	932	+	MCNAMARA
	933	+	Committee Vote: yeas 12, nays 0.
	934	+	ES 172—LS 6848/DI 151