Indiana 2025 Regular Session

Indiana House Bill HB1111 Latest Draft

Bill / Enrolled Version Filed 04/16/2025

                            First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1111
AN ACT to amend the Indiana Code concerning public safety.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-10-11-3, AS AMENDED BY P.L.2-2007,
SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. As used in this chapter, "state employee" means
an employee of a state agency, except a state educational institution.
The term includes a member of the Indiana National Guard while
the member is serving on state active duty. "State employee" does
not include a public safety officer who receives benefits under
IC 5-10-10.
SECTION 2. IC 10-16-7-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) The governor
shall order on state duty all or part of the national guard Indiana
National Guard in the following cases:
(1) War.
(2) Invasion.
(3) Insurrection.
(4) Public disaster.
(5) Breach of the peace or imminent danger of breach of the
peace.
(6) Forcible obstruction of the execution of the laws, or
reasonable belief that the execution of the laws will be obstructed.
(7) At any other time the governor considers necessary.
(b) A member of the Indiana national guard National Guard who
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is ordered out on duty may not be held civilly liable for any act done by
the person in the discharge of the person's military duty. The member
may not be subject to criminal prosecution if an alleged criminal act
occurred while the member was carrying out the orders of a superior
officer that the member reasonably believed to be legal orders under all
of the attendant facts and circumstances.
(c) If the President of the United States calls, orders, or requisitions
troops, the governor shall first order into the service of the United
States the organization and arms of the service specified in the
president's requisition.
(d) If a civil suit or proceeding is commenced in any court by any
person against any member of the Indiana national guard National
Guard acting under the authority of an order described in subsection
(b), the attorney general shall defend the member. If the action or
proceeding is criminal, the governor shall designate counsel to
represent the accused and the state will be financially responsible for
the expense of the defense of any civil or criminal action incurred. The
expenses for the defense shall be paid by the adjutant general out of
appropriated funds.
(e) The adjutant general may procure a medical insurance plan
for members of the Indiana National Guard who are ordered to
state active duty.
SECTION 3. IC 10-16-7-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. (a) A member of
the Indiana national guard National Guard who
(1) when on duty or assembled for duty, in case of riot, tumult,
breach of peace, insurrection, invasion, public disaster or
whenever ordered by the governor, the commanding general of
the national guard, Indiana National Guard, or called to the aid
of civil authorities, is injured, is disabled, or contracts a disease
because of the member's duty or assembly; or
(2) without fault or neglect on that member's part, is wounded or
disabled while performing any lawfully ordered duty that
temporarily incapacitates the member from pursuing the member's
usual business or occupation;
shall, during the period of incapacity, receive the pay to which the
member was entitled while on or assembled for duty, plus any actual
necessary expenses for care and medical attention. shall be considered
a state employee for purposes of receiving worker's compensation
under IC 22-3. The receipt of worker's compensation by a member
of the Indiana National Guard shall not be construed as an
exclusive remedy (as described in IC 22-3-2-6) for purposes of
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determining the member's eligibility for the member's retirement
benefits or other benefits provided to a member of the Indiana
National Guard.
(b) If a claim is made under this section, the adjutant general may
cause examinations of the claimant to be made from time to time by a
medical officer designated for that purpose by the adjutant general. The
adjutant general may direct the removal of a claimant to and treatment
in a hospital designated by the adjutant general. If the claimant refuses:
(1) to allow an examination; or
(2) to go to a designated hospital or to otherwise follow the advice
or treatment prescribed;
the claimant forfeits and is barred from all right to any claim or
allowance under this section.
(c) Under this chapter:
(1) a disability may not be considered temporary if the disability
continues for more than one (1) year from the date of receiving
the injury or of incurring or contracting the disease or disability;
and
(2) pay and expenses for care and medical attendance for more
than one (1) year is not allowed.
(d) The adjutant general may appoint a medical examiner or a board
of three (3) officers, at least one (1) being a medical officer, to inquire
into the merits of any claim arising under this section. However, the
adjutant general may determine any claim without appointing a medical
examiner and fix the amount to be allowed under this section. A
medical examiner or board appointed under this section has the same
power to take evidence, administer oaths, issue subpoenas and compel
witnesses to attend and testify and produce books and papers and
punish their failures to do so as is possessed by a general court-martial.
The findings of the medical examiner or board are subject to the
approval of the adjutant general, who may return the proceedings of the
medical examiner or board for revision and for taking further
testimony. The amount found due a member by the medical examiner
or board and approved by the adjutant general of the state shall be paid
by the state in the same manner as other military accounts are paid.
SECTION 4. IC 10-16-7-19, AS AMENDED BY P.L.92-2016,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 19. (a) A member of the Indiana national guard
National Guard who is wounded or disabled or was disabled in the
service of the state including service related to:
(1) a riot;
(2) a tumult;
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(3) a breach of the peace;
(4) a resistance to process;
(5) an invasion;
(6) a public disaster;
(7) the aid of civil authority; or
(8) a lawfully ordered parade, drill, encampment, or inspection;
within ten (10) years preceding the member's application for a pension
under this chapter shall, upon proof of the disability, be placed on the
roll of invalid pensioners of the state and shall receive out of money in
the state treasury not otherwise appropriated, upon the audit of the
adjutant general and approval of the governor, the same pension or
reward that a person under similar circumstances would receive from
the United States. In case of a wound, an injury, or a disease that results
in death, the surviving spouse, dependent children, or dependent parent
of the member of the Indiana national guard National Guard shall
receive the pension and reward dating from the time of receiving the
injuries on account of which the pension or reward is allowed. An
officer or enlisted person is not entitled while in active service to apply
for or receive a pension.
(b) If a member of the Indiana national guard National Guard dies
in the active service of the state, the member's reasonable funeral
expenses, not exceeding eight thousand eight hundred dollars ($8,800),
twenty thousand dollars ($20,000), shall be paid by the state in the
manner as the governor directs.
(c) This section does not make applicable any provision of the
national service life insurance law of the United States, and the pension
or reward granted under this section shall be that provided for by the
pension laws of the United States in substance, without regard to form.
SECTION 5. IC 10-16-12-1, AS AMENDED BY P.L.169-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. The following awards and decorations are
established to be bestowed upon the officers and enlisted persons of the
armed forces of Indiana under the conditions and in the manner
provided in this article:
(1) An Indiana Distinguished Service Cross shall be awarded to
any commissioned officer or enlisted person of the militia, who:
(A) performs, at great personal danger and risk of life or limb
in peace or war, any act of heroism designed to protect life or
property; or
(B) in the face of a military or armed enemy of the United
States government or of the state of Indiana, performs an act
over and beyond the call of duty, which act, danger, or risk the
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officer or enlisted person could have failed to perform or incur
without being subject to censure for neglect of duty; or
(C) through an act of courage contributes directly to
saving the life or lives of others.
(2) An Indiana Distinguished Service Medal shall be awarded to
a commissioned officer or an enlisted person of the militia and
other officers, enlisted persons, and civilians, who perform
unusually distinguished or meritorious service, that:
(A) to a marked degree is reflected in the increased efficiency
of the militia; or
(B) brings exceptional and great honor or credit to the Indiana
armed forces and commands the attention and respect of the
citizens of Indiana and of the military establishment
throughout the United States.
(3) Long Service Medals shall be awarded to officers and enlisted
persons for honest and faithful service in the federally recognized
Indiana national guard National Guard for periods of:
(A) ten (10) years;
(B) fifteen (15) years;
(C) twenty (20) years;
(D) twenty-five (25) years; and
(E) for longer periods.
A symbol shall be worn on the ribbon of each medal, one (1) for
each year in addition to the period for which the medal was
issued, until the officer or enlisted person is entitled to a medal
for the next period for which a different long service medal is
issued.
(4) An Indiana national guard National Guard commendation
medal shall be awarded to any commissioned officer or enlisted
person of the militia and other officers, enlisted persons, and
civilians, who have distinguished themselves by meritorious
achievement or meritorious service. The required meritorious
achievement or meritorious service while of lesser degree than
that required for the award of the Indiana distinguished service
medal must have been accomplished with distinction. The award
may be made for acts of outstanding courage that do not meet the
requirements for award of the Indiana distinguished service
medal. It is particularly desirable that emphasis be placed on the
award of this decoration to outstanding company grade officers,
warrant officers, and enlisted personnel whose achievements and
service meet the prescribed standards.
(5) An Indiana achievement medal shall be awarded to any
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officer or enlisted person of the militia and other officers,
enlisted persons, or civilians, who have distinguished
themselves by outstanding achievement or service. The
required achievement or service, while of lesser degree than
that required for the award of the Indiana National Guard
commendation medal, must have been accomplished with
distinction.
(5) (6) An Indiana Emergency Service Ribbon shall be awarded
to all currently assigned officers, warrant officers, and enlisted
members of the Indiana national guard National Guard who have
served on state active duty during a state emergency. For purposes
of this subdivision, "state emergency" means any emergency for
any period declared by the governor or the adjutant general. The
Indiana emergency service ribbon shall be awarded to denote
honorable state active military duty by members of the Indiana
army Army and air national guard Air National Guard during
state emergencies.
(6) (7) Other medals for any war or campaign or mobilization for
which a medal has not been awarded by the federal government
may be:
(A) established by executive order of the governor; and
(B) awarded to members of any federally recognized military
force of the state who participated in the military force.
(7) (8) An Air National Guard First Sergeant Ribbon is authorized
for a currently assigned member who serves or has previously
served as a first sergeant in the Indiana Air National Guard, if the
member meets the criteria set forth in clause (A). A request for an
award, including a retroactive award, must be submitted in the
manner set forth in clause (B), and meet any other criteria
established by the adjutant general. The ribbon shall consist of a
plain blue field with a silver diamond device in the center, and no
medal shall accompany the award of the ribbon. The ribbon shall
be awarded as follows:
(A) In recognition of meritorious service by a member of the
Indiana Air National Guard who has served in the first
sergeant career field, Special Duty Identifier 8F000, and who
meets the following criteria:
(i) Has been assigned to a valid first sergeant position for at
least three (3) years.
(ii) Graduated from either the United States Air Force
Academy or the Army National Guard First Sergeant
Academy.
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(B) The individual unit commander of a member of the
Indiana Air National Guard who meets the criteria set forth in
clause (A) shall submit a letter to the wing commander,
recommending the member for the award based upon the
member's contributions, conduct, and demonstrated leadership
as a first sergeant. If the wing commander approves, the wing
commander shall forward the letter of recommendation to the
military personnel flight commanding officer for action. If the
wing commander disapproves, the wing commander shall
return the letter of recommendation to the unit commander.
(C) The adjutant general shall establish procedures for the
award presentation ceremony following accepted practice and
miliary military tradition.
(8) (9) An Indiana Funeral Honors Ribbon shall be awarded to all
members of the Indiana Air National Guard, the Indiana Army
National Guard, retired members of the Indiana Air National
Guard and Indiana Army National Guard, and members of
veterans' organizations who have been trained and certified by the
United States Department of Defense as Department of Defense
Funeral Honors participants. The Indiana Funeral Honors Ribbon
shall be awarded to denote honorable and distinguished service in
the performance of military funerals and similar activities within
Indiana.
(10) An Indiana Outstanding Airman or Soldier of the Year
Medal shall be awarded to the finest members of the Indiana
National Guard on an annual basis. This medal is authorized
in the quantities and qualifications set forth by the adjutant
general, who shall establish and publish procedures for award
presentation.
(11) An Indiana Exemplary Fitness Medal shall be awarded
to members and employees of the Indiana National Guard
who distinguish themselves for outstanding physical fitness.
This medal is authorized in the quantities and qualifications
set forth by the adjutant general, who shall establish and
publish procedures for award presentation.
For the purposes of this article, officers and enlisted persons of the
regular army assigned to the armed forces of Indiana as instructors and
assistant instructors shall be considered as officers and enlisted persons
of the Indiana armed forces.
SECTION 6. IC 21-13-1-8, AS AMENDED BY P.L.240-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. "Scholarship applicant", for purposes of
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IC 21-13-4, means a person who:
(1) is an eligible student;
(2) has been accepted to attend either:
(A) a state educational institution or an approved
postsecondary educational institution listed in
IC 21-7-13-6(a)(1)(C)(i) through IC 21-7-13-6(a)(1)(C)(xxx)
as a full-time or part-time student; or
(B) a credential-certifying program, licensing program,
trade certification program, or apprenticeship program
for an in demand occupation as identified by the adjutant
general and the department of workforce development, in
consultation with the commission;
(3) has been certified to have met all National Guard
requirements; and
(4) according to commission requirements, has timely filed an
application for and, if applicable, used any federal and state
financial assistance available to the person.
SECTION 7. IC 21-13-4-2, AS AMENDED BY P.L.240-2023,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. Money in the National Guard tuition
supplement program fund shall be used to provide annual scholarships
to scholarship applicants under this chapter. Annual scholarships shall
be awarded in the following amounts:
(1) A scholarship applicant who attends a state educational
institution shall receive a scholarship under this chapter in an
amount that is equal to one (1) of the following:
(A) If the scholarship applicant does not receive other
financial assistance specifically designated for educational
costs, the amount equal to a full undergraduate tuition
scholarship, regardless as to whether the student uses the
scholarship for undergraduate or graduate educational costs,
to attend the state educational institution.
(B) Except as provided in subdivision (3), if the scholarship
applicant receives other financial assistance specifically
designated for educational costs, the amount:
(i) equal to the balance required to attend the state
educational institution; and
(ii) not to exceed the amount described in clause (A).
(2) A scholarship applicant who attends an approved
postsecondary educational institution listed in
IC 21-7-13-6(a)(1)(C)(i) through IC 21-7-13-6(a)(1)(C)(xxx) or
who attends a program described in IC 21-13-1-8(2)(B) for an
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occupational and technical education (as defined by
IC 21-22-1-2) shall receive a scholarship under this chapter in an
amount equal to the lesser of the following:
(A) Except as provided in subdivision (3), if the scholarship
applicant receives other financial assistance specifically
designated for educational costs, the amount equal to the
balance required to attend the approved postsecondary
educational institution.
(B) Five thousand dollars ($5,000).
(3) If a scholarship applicant receives a twenty-first century
scholars program scholarship under IC 21-12-6, the
scholarship applicant may use a scholarship awarded under
this chapter to pay for qualified program and educational
expenses approved by the commission and room and board
for two (2) years in an amount equal to the lesser of the
following for each applicable school year:
(A) The amount equal to the scholarship applicant's cost
for qualified program and educational expenses approved
by the commission and room and board for the school
year.
(B) Five thousand dollars ($5,000).
SECTION 8. IC 34-30-2.1-125, AS ADDED BY P.L.105-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 125. IC 10-16-7-7 (Concerning members of the
national guard). Indiana National Guard).
HEA 1111 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: 	Time: 
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