1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1279 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 35-42-4-10. |
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7 | 7 | | Synopsis: Sexual predator employment. Prohibits a sexually violent |
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8 | 8 | | predator or an offender against children from working in any setting |
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9 | 9 | | where the offender: (1) has more than incidental and occasional contact |
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10 | 10 | | with a child who is not accompanied by the child's parent, guardian, or |
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11 | 11 | | custodian; (2) has supervisory or disciplinary power over a child; or (3) |
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12 | 12 | | is expected to touch a child on a more than incidental and occasional |
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13 | 13 | | basis. |
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14 | 14 | | Effective: July 1, 2025. |
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15 | 15 | | Gore |
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16 | 16 | | January 13, 2025, read first time and referred to Committee on Courts and Criminal Code. |
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17 | 17 | | 2025 IN 1279—LS 6574/DI 106 Introduced |
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18 | 18 | | First Regular Session of the 124th General Assembly (2025) |
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19 | 19 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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20 | 20 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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21 | 21 | | additions will appear in this style type, and deletions will appear in this style type. |
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22 | 22 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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23 | 23 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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24 | 24 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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25 | 25 | | a new provision to the Indiana Code or the Indiana Constitution. |
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26 | 26 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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27 | 27 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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28 | 28 | | HOUSE BILL No. 1279 |
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29 | 29 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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30 | 30 | | criminal law and procedure. |
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31 | 31 | | Be it enacted by the General Assembly of the State of Indiana: |
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32 | 32 | | 1 SECTION 1. IC 35-42-4-10, AS AMENDED BY P.L.156-2020, |
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33 | 33 | | 2 SECTION 130, IS AMENDED TO READ AS FOLLOWS |
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34 | 34 | | 3 [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) As used in this section, |
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35 | 35 | | 4 "offender against children" means a person who is an offender against |
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36 | 36 | | 5 children under section 11 of this chapter. |
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37 | 37 | | 6 (b) As used in this section, "sexually violent predator" means a |
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38 | 38 | | 7 person who is a sexually violent predator under IC 35-38-1-7.5. |
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39 | 39 | | 8 (c) A sexually violent predator or an offender against children who |
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40 | 40 | | 9 knowingly or intentionally works for compensation or as a volunteer: |
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41 | 41 | | 10 (1) on school property; |
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42 | 42 | | 11 (2) at a youth program center; |
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43 | 43 | | 12 (3) at a public park; |
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44 | 44 | | 13 (4) as a child care provider (as defined by IC 31-33-26-1); |
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45 | 45 | | 14 (5) for a child care provider (as defined by IC 31-33-26-1); or |
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46 | 46 | | 15 (6) as a provider of: |
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47 | 47 | | 16 (A) respite care services and other support services for primary |
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48 | 48 | | 17 or family caregivers; or |
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49 | 49 | | 2025 IN 1279—LS 6574/DI 106 2 |
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50 | 50 | | 1 (B) adult day care services; or |
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51 | 51 | | 2 (7) in any setting where the offender: |
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52 | 52 | | 3 (A) has more than incidental and occasional contact with |
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53 | 53 | | 4 a child who is not accompanied by the child's parent, |
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54 | 54 | | 5 guardian, or custodian; |
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55 | 55 | | 6 (B) has supervisory or disciplinary power over a child; or |
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56 | 56 | | 7 (C) is expected to touch a child on a more than incidental |
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57 | 57 | | 8 and occasional basis; |
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58 | 58 | | 9 commits unlawful employment by a sexual predator, a Level 6 felony. |
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59 | 59 | | 10 However, the offense is a Level 5 felony if the person has a prior |
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60 | 60 | | 11 unrelated conviction under this section or based on the person's |
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61 | 61 | | 12 failure to comply with any requirement imposed on an offender under |
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62 | 62 | | 13 IC 11-8-8. |
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63 | 63 | | 2025 IN 1279—LS 6574/DI 106 |
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