Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 172
AN ACT to amend the Indiana Code concerning state and local
administration.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-2-6.1-2.5, AS ADDED BY P.L.121-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2.5. As used in this chapter, "emergency shelter
care" means temporary or transitional housing in a facility having the
primary purpose of providing temporary or transitional shelter for the
homeless or for a specific population of the homeless. a claimant to
avoid contact with the person who committed the violent crime
that is the basis for the claim.
SECTION 2. IC 5-2-6.1-5.5, AS ADDED BY P.L.121-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5.5. As used in this chapter, "motor vehicle" has
the meaning set forth in IC 7.1-1-3-26.3. IC 9-13-2-105.
SECTION 3. IC 5-2-6.1-5.7, AS ADDED BY P.L.129-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5.7. As used in this chapter, "out-of-pocket loss"
"out-of-pocket expense" means: an amount equal to the amount of
reimbursement
(1) funeral expenses;
(2) burial expenses;
(3) cremation expenses; and
(4) medical expenses that are payable under IC 27-8-10-3 for
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each of the types of services and items provided to a victim as a
result of the bodily injury or death upon which an application is
based.
SECTION 4. IC 5-2-6.1-5.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 5.8. As used in this chapter, "loss of income" means
wages the victim would have earned had the victim not died or
been injured, if the victim was employed at the time of the crime.
SECTION 5. IC 5-2-6.1-6 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 6. As used in this chapter, "person" includes a sole
proprietorship, a partnership, a corporation, an association, a fiduciary,
and an individual.
SECTION 6. IC 5-2-6.1-7.5, AS ADDED BY P.L.48-2012,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 7.5. As used in this chapter, "victim of a child sex
crime" means an individual who was the victim of:
(1) child molesting (IC 35-42-4-3(a)); (IC 35-42-4-3);
(2) vicarious sexual gratification (IC 35-42-4-5);
(3) child solicitation (IC 35-42-4-6);
(4) child seduction (IC 35-42-4-7); or
(5) incest (IC 35-46-1-3); or
(6) sexual misconduct with a minor (IC 35-42-4-9);
and was less than eighteen (18) years of age at the time the crime
occurred.
SECTION 7. IC 5-2-6.1-8, AS AMENDED BY P.L.65-2016,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 8. As used in this chapter, "violent crime" means
the following:
(1) A crime under the Indiana Code that is a felony of any kind or
a Class A misdemeanor that results in bodily injury or death to the
victim but does not include any of the following:
(A) A crime under IC 9-30-5 resulting from the operation of a
vehicle other than a motor vehicle.
(B) Involuntary manslaughter resulting from the operation of
a motor vehicle by a person who was not intoxicated
(IC 35-42-1-4).
(C) Reckless homicide resulting from the operation of a motor
vehicle by a person who was not intoxicated (IC 35-42-1-5).
(D) Criminal recklessness involving the use of a motor
vehicle, unless the offense was intentional or the person using
the motor vehicle was intoxicated (IC 35-42-2-2).
(E) A crime involving the operation of a motor vehicle if the
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driver of the motor vehicle was not charged with an offense
under IC 9-30-5.
(F) A battery offense included in IC 35-42-2 upon a child less
than fourteen (14) years of age.
(G) Child molesting (IC 35-42-4-3).
(H) Child seduction (IC 35-42-4-7).
(2) A crime in another jurisdiction in which the elements of the
crime are substantially similar to the elements of a crime that, if
the crime results in death or bodily injury to the victim, would be
a felony or a Class A misdemeanor if committed in Indiana.
However, the term does not include any of the following:
(A) A crime in another jurisdiction resulting from operating a
vehicle, other than a motor vehicle, while intoxicated.
(B) A crime in another jurisdiction with elements substantially
similar to involuntary manslaughter resulting from the
operation of a motor vehicle if the crime was committed by a
person who was not intoxicated.
(C) A crime in another jurisdiction with elements substantially
similar to reckless homicide resulting from the operation of a
motor vehicle if the crime was committed by a person who was
not intoxicated.
(D) A crime in another jurisdiction with elements substantially
similar to criminal recklessness involving the use of a motor
vehicle unless the offense was intentional or the person using
the motor vehicle was intoxicated.
(E) A crime involving the operation of a motor vehicle if the
driver of the motor vehicle was not charged with an offense
under IC 9-30-5.
(3) A terrorist act.
SECTION 8. IC 5-2-6.1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. The division may
do the following:
(1) Require from the attorney general, the state police department,
local law enforcement personnel, a county department of public
welfare, or a prosecuting attorney copies of investigations and
data to assist the division in determining the validity of a
claimant's application for assistance under this chapter.
(2) Require medical examination of victims.
(3) (2) Hold hearings, administer oaths, examine any person
under oath, issue subpoenas requiring the attendance and giving
of testimony of witnesses, and require the production of books,
papers, and documentary or other evidence. The subpoena powers
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provided in this subdivision may be exercised only by the director
of the division or the director's designated representative.
(4) (3) Take or cause to be taken affidavits or depositions.
SECTION 9. IC 5-2-6.1-11.5, AS AMENDED BY P.L.198-2016,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 11.5. A claimant's: The following are
confidential:
(1) A claimant's:
(A) personal information (as defined in IC 9-14-6-6); and
(2) (B) medical records. are confidential.
(2) Records obtained during an investigation under section 26
of this chapter that are not publicly available.
SECTION 10. IC 5-2-6.1-13, AS AMENDED BY P.L.98-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 13. (a) Subject to subsection (b) and except as
provided in subsection (c), benefits may not be awarded:
(1) if the victim sustained the injury as a result of participating or
assisting in, or attempting to commit or committing a criminal act;
(2) if the injury occurred while the victim was a resident in a
county, city, or federal jail or prison or in an institution operated
by the department of correction;
(3) if the victim profited or would have profited from the criminal
act;
(4) if, at the time the injury occurred, the victim was intoxicated
and contributed to the commission of an unrelated felony; or
(5) to a claimant who contributed to the injury or death of the
victim.
(b) If the victim is a dependent child or dependent parent of the
person who commits a violent crime, compensation may be awarded
where justice requires.
(c) Benefits may be awarded to a person described in subsection
(a)(4) who is the victim of a sex crime under IC 35-42-4, a crime
involving domestic or family violence (as defined in IC 35-31.5-2-76),
or a crime of domestic violence (as defined in IC 35-31.5-2-78), or
incest (as defined in IC 35-46-1-3).
SECTION 11. IC 5-2-6.1-16, AS AMENDED BY P.L.31-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 16. (a) A person eligible for assistance under
section 12 of this chapter may file an application for assistance with the
division. if the violent crime was committed in Indiana.
(b) Except as provided in subsections (e) and (f), the application
must be received by the division not more than one hundred eighty
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(180) days after the date the crime was committed. The division may
grant an extension of time for good cause shown by the claimant.
However, and except as provided in subsections (e) and (f), the
division may not accept an application that is received more than two
(2) years after the date the crime was committed.
(c) The application must be filed in the office of the division in
person, through the division's Internet web site, or by first class or
certified mail. If requested, the division shall assist a victim in
preparing the application.
(d) The division shall accept all applications filed in compliance
with this chapter. Upon receipt of a complete application, the division
shall promptly begin the investigation and processing of an application.
(e) An alleged victim of a child sex crime may submit an application
to the division until the victim becomes thirty-one (31) years of age or
in accordance with subsection (f).
(f) An alleged victim of a child sex crime described in
IC 35-41-4-2(e) which meets the requirements of IC 35-41-4-2(p) may
submit an application to the division not later than five (5) years after
the earliest of the date on which:
(1) the state first discovers evidence sufficient to charge the
offender with the offense through DNA (deoxyribonucleic acid)
analysis;
(2) the state first becomes aware of the existence of a recording
(as defined in IC 35-31.5-2-273) that provides evidence sufficient
to charge the offender with the offense; or
(3) a person confesses to the offense.
(g) An alleged victim of a battery offense included in IC 35-42-2
upon a child less than fourteen (14) years of age may submit an
application to the division not later than five (5) years after the
commission of the offense.
SECTION 12. IC 5-2-6.1-17, AS AMENDED BY P.L.98-2022,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 17. (a) Except for an alleged victim of a child sex
crime, the division may not award compensation under this chapter
unless the violent crime was reported to a law enforcement officer not
more than seventy-two (72) hours after the occurrence of the crime.
(b) The division may not award compensation under this chapter
until:
(1) law enforcement and other records concerning the
circumstances of the crime are available; and
(2) any criminal investigation directly related to the crime has
been substantially completed.
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(c) If the crime involved a motor vehicle, the division may not
award compensation under this chapter until an information or
indictment alleging the commission of a crime has been filed by a
prosecuting attorney. The division may award compensation under
this chapter before an information or indictment alleging the
commission of a crime has been filed where justice requires.
(d) The division may accept proof that evidence was collected
through a forensic exam described in IC 16-21-8 as compliance with
subsection (a) and as cooperation with law enforcement, as required
by sections 18 and 19 of this chapter.
SECTION 13. IC 5-2-6.1-20.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 20.5. The division shall deny an
award of compensation under this chapter if the claimant fails to
fully cooperate with the division in the review, investigation, and
processing of the claim.
SECTION 14. IC 5-2-6.1-21 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 21. (a) This section applies to claims filed with the
division after December 31, 2005, and before July 1, 2009.
(b) This subsection does not apply to reimbursement for forensic
and evidence gathering services provided under section 39 of this
chapter.
(c) An award may not be made unless the claimant has incurred an
out-of-pocket loss of at least one hundred dollars ($100).
(d) Subject to subsections (b) and (c), the division may order the
payment of compensation under this chapter for any of the following:
(1) Reasonable expenses incurred for necessary medical,
chiropractic, hospital, dental, psychological, optometric,
psychiatric, and ambulance services and prescription drugs and
prosthetic devices that do not exceed the claimant's out-of-pocket
loss.
(2) Loss of income the:
(A) victim would have earned had the victim not died or been
injured, if the victim was employed at the time of the crime; or
(B) parent, guardian, or custodian of a victim who is less than
eighteen (18) years of age incurred by taking time off work to
care for the victim.
A claimant seeking reimbursement under this subdivision must
provide the division with proof of employment and current wages.
(3) Reasonable emergency shelter care expenses, not to exceed
the expenses for thirty (30) days, that are incurred for the claimant
or a dependent of the claimant to avoid contact with a person who
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committed the violent crime.
(4) Reasonable expense incurred for child care, not to exceed one
thousand dollars ($1,000), to replace child care the victim would
have supplied had the victim not died or been injured.
(5) Loss of financial support the victim would have supplied to
legal dependents had the victim not died or been injured.
(6) Documented expenses incurred for funeral, burial, or
cremation of the victim that do not exceed four thousand dollars
($4,000). The division shall disburse compensation under this
subdivision in accordance with guidelines adopted by the
division.
(7) Other actual expenses resulting from the bodily injury or death
of the victim, including costs of mental health care, not to exceed
two thousand dollars ($2,000) for the immediate family of a
homicide or sex crime victim, and any other actual expenses that
the division determines reasonable.
(e) If a health care provider accepts payment from the division
under this chapter, the health care provider may not require the victim
to pay a copayment or an additional fee for the provision of services.
(f) A health care provider who seeks compensation from the
division under this chapter may not simultaneously seek funding for
services provided to a victim from any other source.
SECTION 15. IC 5-2-6.1-21.1, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 21.1. (a) This section applies to claims filed with
the division after June 30, 2009.
(b) This subsection section does not apply to reimbursement for
forensic and evidence gathering services provided under section 39 of
this chapter.
(c) An award may not be made unless the claimant has incurred an
out-of-pocket loss expense that exceeds of at least one hundred dollars
($100) or has incurred loss of income that exceeds one hundred
dollars ($100).
(d) Subject to subsections (b) and (c), the division may order the
payment of compensation under this chapter for any of the following
reasonable, documented expenses incurred within one hundred
eighty (180) days after the date of the violent crime:
(1) Reasonable expenses incurred within one hundred eighty
(180) days after the date of the violent crime for Necessary:
(A) medical, chiropractic, hospital, dental, optometric, and
ambulance services;
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(B) prescription drugs; and
(C) prosthetic devices;
that do not exceed the claimant's out-of-pocket loss. expense.
(2) Loss of income:
(A) the victim would have earned had the victim not died or
been injured, if the victim was employed at the time of the
violent crime; or
(B) the parent, guardian, or custodian of a victim who is less
than eighteen (18) years of age incurred by taking time off
from work to care for the victim; or
(C) the spouse of a victim incurred by taking time off from
work to care for the victim.
A claimant seeking reimbursement under this subdivision must
provide the division with proof of employment and current wages.
(3) Reasonable Emergency shelter care expenses, not to exceed
the expenses for thirty (30) days, that are incurred for the claimant
or a dependent of the claimant to avoid contact with a person who
committed the violent crime.
(4) Reasonable Expense incurred for child care, not to exceed one
thousand dollars ($1,000), to replace child care the victim would
have supplied had the victim not died or been injured.
(5) Loss of financial support the victim would have supplied to
legal dependents had the victim not died or been injured.
(6) Documented Expenses incurred for funeral, burial, or
cremation of the victim that do not exceed five thousand dollars
($5,000). The division shall disburse compensation under this
subdivision in accordance with guidelines adopted by the
division.
(7) Outpatient mental health counseling, not to exceed three
thousand dollars ($3,000), concerning mental health issues related
to the violent crime.
(8) Other actual expenses related to bodily injury to or the death
of the victim that the division determines are reasonable.
(9) Replacement of windows or door locks.
(10) Cleanup of the scene of a violent crime.
(e) The division shall obtain written verification of all losses and
expenses requested under this section before making an award.
(e) (f) If a health care provider accepts payment from the division
under this chapter, the health care provider may not require the victim
to pay a copayment or an additional fee for the provision of services.
(f) (g) A health care provider who seeks compensation from the
division under this chapter may not simultaneously seek funding for
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services provided to a victim from any other source.
(g) (h) The director may extend the one hundred eighty (180) day
compensation period established by subsection (d)(1) (d) for a period
not to exceed two (2) years after the date of the violent crime if:
(1) the victim or the victim's representative requests the
extension; and
(2) medical records and other documentation provided by the
attending medical providers indicate that an extension is
appropriate.
(h) (i) The director may extend the one hundred eighty (180) day
compensation period established by subsection (d)(1) (d) for outpatient
mental health counseling, established by subsection (d)(7) where
justice requires, but for a period not to exceed two (2) years. if the
victim:
(1) was allegedly a victim of a sex crime (under IC 35-42-4) or
incest (under IC 35-46-1-3);
(2) was under eighteen (18) years of age at the time of the alleged
crime; and
(3) did not reveal the crime within two (2) years after the date of
the alleged crime.
SECTION 16. IC 5-2-6.1-24, AS AMENDED BY P.L.100-2012,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 24. The division shall employ sufficient hearing
officers claims analysts to review each application for an award to
carry out this chapter.
SECTION 17. IC 5-2-6.1-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 25. (a) The division
shall review all applications to ensure that the applications are
complete.
(b) If an application is not complete, the application shall be
returned to the applicant with a brief statement of the additional
information required.
(c) The applicant may, not more than thirty (30) days after receipt
of the request for additional information, either supply the information
or appeal to seek an extension from the director. division.
(d) The decision of the director is final.
(e) (d) If:
(1) the applicant does not furnish additional information; or
(2) additional time is not granted by the director for good cause;
or
(3) the applicant does not appeal the request not later than thirty
(30) days after the request;
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the application shall be denied.
SECTION 18. IC 5-2-6.1-26, AS AMENDED BY P.L.113-2014,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 26. (a) If an application is complete, the division
shall accept the application for filing and investigate the facts stated in
the application.
(b) As part of the investigation, the division shall verify that:
(1) a violent crime was committed;
(2) the victim was killed or suffered bodily injury as a result of the
crime;
(3) the requirements of sections 13, 16(a), 16(b), 17, 18, and 19
of this chapter are met; and
(4) (3) out-of-pocket loss expense exceeded one hundred dollars
($100);
(4) loss of income exceeded one hundred dollars ($100); and
(5) all other requirements of this chapter are met.
SECTION 19. IC 5-2-6.1-27 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 27. (a) A hearing officer may hold a hearing concerning
the merits of the application to allow any interested person to appear to
offer evidence and argument on any issue relevant to the application or
to the facts surrounding the bodily injury or death upon which the
application is based.
(b) If a hearing is held, the claimant shall be notified in writing by
certified mail with return receipt requested fifteen (15) days in advance
concerning the date, time, place, and scope of the hearing in
accordance with IC 4-21.5-3.
(c) A hearing must be open to the public unless the hearing officer,
in consultation with the director, determines that the hearing or a part
of the hearing should be held in private in the interest of the victim or
society where justice requires.
SECTION 20. IC 5-2-6.1-27.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 27.5. (a) If, after investigation of
the application, the division determines that the applicant does not
qualify for compensation, a denial letter shall be issued to the
applicant.
(b) A denial of an application under this chapter constitutes an
agency action for purposes of IC 4-21.5.
SECTION 21. IC 5-2-6.1-28 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 28. (a) Not more than ten (10) days after the hearing, the
hearing officer shall issue a written decision supported by findings of
fact and conclusions of law based on the record from the hearing, the
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investigation, and the application of the claimant.
(b) Copies of the decision shall be mailed to the claimant at the
address given in the application and to the attorney general.
SECTION 22. IC 5-2-6.1-28.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 28.5. A claimant aggrieved by an
action under this chapter may request an appeal under IC 4-21.5
by making a written request to the director within thirty (30) days
of the date of the denial letter.
SECTION 23. IC 5-2-6.1-29 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 29. (a) The state or a claimant may appeal the findings
of the hearing officer not more than twenty-one (21) days after the date
of receipt of the findings by filing a written appeal with the director.
(b) If an appeal is filed, the director shall review the matter and
place the appeal on the docket for review by the division.
SECTION 24. IC 5-2-6.1-29.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 29.5. (a) The state or a claimant
may appeal an order issued by an administrative law judge under
IC 4-21.5 within twenty-one (21) days of the date of the written
determination by filing a written appeal with the director who shall
place the appeal on the docket for review by the board of trustees
of the institute.
(b) An appeal under this section shall be limited to those facts
evidenced in the record or proceedings and may, at the discretion
of the board of trustees of the institute, be supplemented with a
written statement by either the division or the claimant.
(c) A decision by the board of trustees of the institute shall be
conclusive and binding upon the state and claimant, subject to
judicial review under IC 4-21.5.
SECTION 25. IC 5-2-6.1-30 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 30. A proceeding under this chapter must be according
to procedures adopted by the division.
SECTION 26. IC 5-2-6.1-31 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 31. The hearing officer may not deny an award without
providing the claimant with an opportunity for a hearing.
SECTION 27. IC 5-2-6.1-36 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 36. (a) If:
(1) the division determines that a claimant will suffer severe
financial hardship unless an emergency award is made; and
(2) it appears likely that a final award will be made;
an emergency award not to exceed five hundred dollars ($500) may be
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authorized by the director or the director's designated representative.
(b) The amount of an emergency award is:
(1) deducted from the final award made by the division; and
(2) recoverable from the claimant if no award is made by the
division or to the extent that the emergency award exceeds the
amount of the final award.
SECTION 28. IC 5-14-3-4, AS AMENDED BY P.L.86-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) The following public records are excepted
from section 3 of this chapter and may not be disclosed by a public
agency, unless access to the records is specifically required by a state
or federal statute or is ordered by a court under the rules of discovery:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public
agency under specific authority to classify public records as
confidential granted to the public agency by statute.
(3) Those required to be kept confidential by federal law.
(4) Records containing trade secrets.
(5) Confidential financial information obtained, upon request,
from a person. However, this does not include information that is
filed with or received by a public agency pursuant to state statute.
(6) Information concerning research, including actual research
documents, conducted under the auspices of a state educational
institution, including information:
(A) concerning any negotiations made with respect to the
research; and
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained as
part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39 or as
provided under IC 16-41-8.
(10) Application information declared confidential by the Indiana
economic development corporation under IC 5-28.
(11) A photograph, a video recording, or an audio recording of an
autopsy, except as provided in IC 36-2-14-10.
(12) A Social Security number contained in the records of a
public agency.
(13) The following information that is part of a foreclosure action
subject to IC 32-30-10.5:
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(A) Contact information for a debtor, as described in
IC 32-30-10.5-8(d)(1)(B).
(B) Any document submitted to the court as part of the debtor's
loss mitigation package under IC 32-30-10.5-10(a)(3).
(14) The following information obtained from a call made to a
fraud hotline established under IC 36-1-8-8.5:
(A) The identity of any individual who makes a call to the
fraud hotline.
(B) A report, transcript, audio recording, or other information
concerning a call to the fraud hotline.
However, records described in this subdivision may be disclosed
to a law enforcement agency, a private university police
department, the attorney general, the inspector general, the state
examiner, or a prosecuting attorney.
(15) Information described in section 5(c)(3)(B) of this chapter
that is contained in a daily log or record described in section 5(c)
of this chapter for a victim of a crime or delinquent act who is less
than eighteen (18) years of age, unless and to the extent that:
(A) a parent, guardian, or custodian of the victim consents in
writing to public disclosure of the records; and
(B) that parent, guardian, or custodian of the victim has not
been charged with or convicted of committing a crime against
the victim.
However, records described in this subdivision may be disclosed
to the department of child services.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies or private
university police departments. For purposes of this chapter, a law
enforcement recording is not an investigatory record. However,
information described in subsection (a)(15) contained in a law
enforcement recording is exempt from disclosure, unless and to
the extent that a parent, guardian, or custodian of the victim
consents in writing to public disclosure of the records. However,
a parent, guardian, or custodian charged with or convicted of a
crime against the victim may not consent to public disclosure of
the records. Law enforcement agencies or private university
police departments may share investigatory records with: a:
(A) a person who advocates on behalf of a crime victim,
including a victim advocate (as defined in IC 35-37-6-3.5) or
a victim service provider (as defined in IC 35-37-6-5), for the
SEA 172 — Concur 14
purposes of providing services to a victim or describing
services that may be available to a victim; and
(B) a school corporation (as defined by IC 20-18-2-16(a)),
charter school (as defined by IC 20-24-1-4), or nonpublic
school (as defined by IC 20-18-2-12) for the purpose of
enhancing the safety or security of a student or a school
facility; and
(C) the victim services division of the Indiana criminal
justice institute under IC 5-2-6-8, for the purposes of
conducting an investigation under IC 5-2-6.1-26;
without the law enforcement agency or private university police
department losing its discretion to keep those records confidential
from other records requesters. However, certain law enforcement
records must be made available for inspection and copying as
provided in section 5 of this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data used
in administering a licensing examination, examination for
employment, or academic examination before the examination is
given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has not
consented to the release of the person's scores.
(5) The following:
(A) Records relating to negotiations between:
(i) the Indiana economic development corporation;
(ii) the ports of Indiana;
(iii) the Indiana state department of agriculture;
(iv) the Indiana finance authority;
(v) an economic development commission;
(vi) the Indiana White River state park development
commission;
(vii) a local economic development organization that is a
nonprofit corporation established under state law whose
primary purpose is the promotion of industrial or business
development in Indiana, the retention or expansion of
Indiana businesses, or the development of entrepreneurial
activities in Indiana; or
(viii) a governing body of a political subdivision;
SEA 172 — Concur 15
with industrial, research, or commercial prospects, if the
records are created while negotiations are in progress.
However, this clause does not apply to records regarding
research that is prohibited under IC 16-34.5-1-2 or any other
law.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the Indiana
economic development corporation, the ports of Indiana, the
Indiana finance authority, an economic development
commission, the Indiana White River state park development
commission, or a governing body of a political subdivision to
an industrial, a research, or a commercial prospect shall be
available for inspection and copying under section 3 of this
chapter after negotiations with that prospect have terminated.
(C) When disclosing a final offer under clause (B), the Indiana
economic development corporation shall certify that the
information being disclosed accurately and completely
represents the terms of the final offer.
(D) Notwithstanding clause (A), an incentive agreement with
an incentive recipient shall be available for inspection and
copying under section 3 of this chapter after the date the
incentive recipient and the Indiana economic development
corporation execute the incentive agreement regardless of
whether negotiations are in progress with the recipient after
that date regarding a modification or extension of the incentive
agreement.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that are
communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants for
public employment, except for:
(A) the name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates of
first and last employment of present or former officers or
employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
SEA 172 — Concur 16
(C) the factual basis for a disciplinary action in which final
action has been taken and that resulted in the employee being
suspended, demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or the employee's representative. This
subdivision does not apply to disclosure of personnel information
generally on all employees or for groups of employees without the
request being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a record keeping system, voting system, voter
registration system, or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency
or entrusted to it and portions of electronic maps entrusted to a
public agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
subdivision (8).
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of the donor's identity as
a condition of making the gift; or
(B) after the gift is made, the donor or a member of the donor's
family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in
the documents under which the deposit or acquisition is
made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect contracts
entered into by the Indiana state library pursuant to IC 4-1-6-8.
SEA 172 — Concur 17
(17) The identity of any person who contacts the bureau of motor
vehicles concerning the ability of a driver to operate a motor
vehicle safely and the medical records and evaluations made by
the bureau of motor vehicles staff or members of the driver
licensing medical advisory board regarding the ability of a driver
to operate a motor vehicle safely. However, upon written request
to the commissioner of the bureau of motor vehicles, the driver
must be given copies of the driver's medical records and
evaluations.
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(19) A record or a part of a record, the public disclosure of which
would have a reasonable likelihood of threatening public safety
by exposing a vulnerability to terrorist attack. A record described
under this subdivision includes the following:
(A) A record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under IC 35-47-12-1
(before its repeal), an act of agricultural terrorism under
IC 35-47-12-2 (before its repeal), or a felony terrorist offense
(as defined in IC 35-50-2-18).
(B) Vulnerability assessments.
(C) Risk planning documents.
(D) Needs assessments.
(E) Threat assessments.
(F) Intelligence assessments.
(G) Domestic preparedness strategies.
(H) The location of community drinking water wells and
surface water intakes.
(I) The emergency contact information of emergency
responders and volunteers.
(J) Infrastructure records that disclose the configuration of
critical systems such as voting system and voter registration
system critical infrastructure, and communication, electrical,
ventilation, water, and wastewater systems.
(K) Detailed drawings or specifications of structural elements,
floor plans, and operating, utility, or security systems, whether
in paper or electronic form, of any building or facility located
on an airport (as defined in IC 8-21-1-1) that is owned,
occupied, leased, or maintained by a public agency, or any part
of a law enforcement recording that captures information
about airport security procedures, areas, or systems. A record
SEA 172 — Concur 18
described in this clause may not be released for public
inspection by any public agency without the prior approval of
the public agency that owns, occupies, leases, or maintains the
airport. Both of the following apply to the public agency that
owns, occupies, leases, or maintains the airport:
(i) The public agency is responsible for determining whether
the public disclosure of a record or a part of a record,
including a law enforcement recording, has a reasonable
likelihood of threatening public safety by exposing a
security procedure, area, system, or vulnerability to terrorist
attack.
(ii) The public agency must identify a record described
under item (i) and clearly mark the record as "confidential
and not subject to public disclosure under
IC 5-14-3-4(b)(19)(J) without approval of (insert name of
submitting public agency)". However, in the case of a law
enforcement recording, the public agency must clearly mark
the record as "confidential and not subject to public
disclosure under IC 5-14-3-4(b)(19)(K) without approval of
(insert name of the public agency that owns, occupies,
leases, or maintains the airport)".
(L) The home address, home telephone number, and
emergency contact information for any:
(i) emergency management worker (as defined in
IC 10-14-3-3);
(ii) public safety officer (as defined in IC 35-47-4.5-3);
(iii) emergency medical responder (as defined in
IC 16-18-2-109.8); or
(iv) advanced emergency medical technician (as defined in
IC 16-18-2-6.5).
This subdivision does not apply to a record or portion of a record
pertaining to a location or structure owned or protected by a
public agency in the event that an act of terrorism under
IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
under IC 35-47-12-2 (before its repeal), or a felony terrorist
offense (as defined in IC 35-50-2-18) has occurred at that location
or structure, unless release of the record or portion of the record
would have a reasonable likelihood of threatening public safety
by exposing a vulnerability of other locations or structures to
terrorist attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in IC 8-1-2-1):
SEA 172 — Concur 19
(A) Telephone number.
(B) Address.
(C) Social Security number.
(21) The following personal information about a complainant
contained in records of a law enforcement agency:
(A) Telephone number.
(B) The complainant's address. However, if the complainant's
address is the location of the suspected crime, infraction,
accident, or complaint reported, the address shall be made
available for public inspection and copying.
(22) Notwithstanding subdivision (8)(A), the name,
compensation, job title, business address, business telephone
number, job description, education and training background,
previous work experience, or dates of first employment of a law
enforcement officer who is operating in an undercover capacity.
(23) Records requested by an offender, an agent, or a relative of
an offender that:
(A) contain personal information relating to:
(i) a correctional officer (as defined in IC 5-10-10-1.5);
(ii) a probation officer;
(iii) a community corrections officer;
(iv) a law enforcement officer (as defined in
IC 35-31.5-2-185);
(v) a judge (as defined in IC 33-38-12-3);
(vi) the victim of a crime; or
(vii) a family member of a correctional officer, probation
officer, community corrections officer, law enforcement
officer (as defined in IC 35-31.5-2-185), judge (as defined
in IC 33-38-12-3), or victim of a crime; or
(B) concern or could affect the security of a jail or correctional
facility.
For purposes of this subdivision, "agent" means a person who is
authorized by an offender to act on behalf of, or at the direction
of, the offender, and "relative" has the meaning set forth in
IC 35-42-2-1(b). However, the term "agent" does not include an
attorney in good standing admitted to the practice of law in
Indiana.
(24) Information concerning an individual less than eighteen (18)
years of age who participates in a conference, meeting, program,
or activity conducted or supervised by a state educational
institution, including the following information regarding the
individual or the individual's parent or guardian:
SEA 172 — Concur 20
(A) Name.
(B) Address.
(C) Telephone number.
(D) Electronic mail account address.
(25) Criminal intelligence information.
(26) The following information contained in a report of unclaimed
property under IC 32-34-1.5-18 or in a claim for unclaimed
property under IC 32-34-1.5-48:
(A) Date of birth.
(B) Driver's license number.
(C) Taxpayer identification number.
(D) Employer identification number.
(E) Account number.
(27) Except as provided in subdivision (19) and sections 5.1 and
5.2 of this chapter, a law enforcement recording. However, before
disclosing the recording, the public agency must comply with the
obscuring requirements of sections 5.1 and 5.2 of this chapter, if
applicable.
(28) Records relating to negotiations between a state educational
institution and another entity concerning the establishment of a
collaborative relationship or venture to advance the research,
engagement, or educational mission of the state educational
institution, if the records are created while negotiations are in
progress. The terms of the final offer of public financial resources
communicated by the state educational institution to an industrial,
a research, or a commercial prospect shall be available for
inspection and copying under section 3 of this chapter after
negotiations with that prospect have terminated. However, this
subdivision does not apply to records regarding research
prohibited under IC 16-34.5-1-2 or any other law.
(c) Nothing contained in subsection (b) shall limit or affect the right
of a person to inspect and copy a public record required or directed to
be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law, a public record that is classified
as confidential, other than a record concerning an adoption or patient
medical records, shall be made available for inspection and copying
seventy-five (75) years after the creation of that record.
(e) Only the content of a public record may form the basis for the
adoption by any public agency of a rule or procedure creating an
exception from disclosure under this section.
(f) Except as provided by law, a public agency may not adopt a rule
or procedure that creates an exception from disclosure under this
SEA 172 — Concur 21
section based upon whether a public record is stored or accessed using
paper, electronic media, magnetic media, optical media, or other
information storage technology.
(g) Except as provided by law, a public agency may not adopt a rule
or procedure nor impose any costs or liabilities that impede or restrict
the reproduction or dissemination of any public record.
(h) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.
SEA 172 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 172 — Concur