Indiana 2025 Regular Session

Indiana House Bill HB1334 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1334
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-9-2-84.8; IC 34-23-2-1; IC 35-31.5-2;
7	7	IC 35-41-3; IC 35-42.
8	8	Synopsis: Unborn children. Modifies the definition of "human being"
9	9	in the criminal code to include an unborn child. Removes applicability
10	10	language concerning certain abortions in the wrongful death or injury
11	11	of a child statutes. Clarifies the duress defense relating to culpability.
12	12	Repeals the section that provides that the homicide chapter does not
13	13	apply to certain abortions. Removes language from the murder,
14	14	manslaughter, and involuntary manslaughter statutes regarding
15	15	intentionally killing a fetus. Repeals the crime of feticide. Repeals the
16	16	section that concerns the applicability of certain crimes related to
17	17	abortion, the termination of a pregnancy, or the killing of a fetus.
18	18	Provides that the homicide and battery chapters apply to a victim who
19	19	is an unborn child.
20	20	Effective: July 1, 2025.
21	21	Sweet, Patterson
22	22	January 13, 2025, read first time and referred to Committee on Courts and Criminal Code.
23	23	2025 IN 1334—LS 6817/DI 107 Introduced
24	24	First Regular Session of the 124th General Assembly (2025)
25	25	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	26	Constitution) is being amended, the text of the existing provision will appear in this style type,
27	27	additions will appear in this style type, and deletions will appear in this style type.
28	28	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	29	provision adopted), the text of the new provision will appear in this style type. Also, the
30	30	word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	31	a new provision to the Indiana Code or the Indiana Constitution.
32	32	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	33	between statutes enacted by the 2024 Regular Session of the General Assembly.
34	34	HOUSE BILL No. 1334
35	35	A BILL FOR AN ACT to amend the Indiana Code concerning
36	36	criminal law and procedure.
37	37	Whereas, the Fourteenth Amendment to the Constitution of the
38	38	United States requires that "no state...shall deny to any person within
39	39	its jurisdiction the equal protection of laws".
40	40	Whereas, innocent human life, created in the image of God, should
41	41	be equally protected under the laws from fertilization to natural death.
42	42	Whereas, to ensure the right to life and equal protection of the laws,
43	43	all preborn children should be protected with the same criminal and
44	44	civil laws protecting the lives of born persons by repealing statutes
45	45	that permit prenatal homicide and battery.
46	46	Whereas, all persons potentially subject to such laws are entitled to
47	47	due process protections.
48	48	Whereas, pregnant mothers should be protected from being
49	49	pressured to abort their children.
50	50	Whereas, statutes should be repealed that may allow a person to aid
51	51	or induce a mother to abort her child; Therefore,
52	52	2025 IN 1334—LS 6817/DI 107 Be it enacted by the General Assembly of the State of Indiana:
53	53	1 SECTION 1. IC 31-9-2-84.8, AS AMENDED BY P.L.142-2020,
54	54	2 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
55	55	3 JULY 1, 2025]: Sec. 84.8. "Nonwaivable offense", for purposes of this
56	56	4 title, means a conviction of any of the following felonies:
57	57	5 (1) Murder (IC 35-42-1-1).
58	58	6 (2) Causing suicide (IC 35-42-1-2).
59	59	7 (3) Assisting suicide (IC 35-42-1-2.5).
60	60	8 (4) Voluntary manslaughter (IC 35-42-1-3).
61	61	9 (5) Involuntary manslaughter (IC 35-42-1-4).
62	62	10 (6) Reckless homicide (IC 35-42-1-5).
63	63	11 (7) Feticide (IC 35-42-1-6).
64	64	12 (8) (7) Battery (IC 35-42-2-1) within the past five (5) years.
65	65	13 (9) (8) Domestic battery (IC 35-42-2-1.3).
66	66	14 (10) (9) Aggravated battery (IC 35-42-2-1.5).
67	67	15 (11) (10) Criminal recklessness (IC 35-42-2-2) within the past
68	68	16 five (5) years.
69	69	17 (12) (11) Strangulation (IC 35-42-2-9).
70	70	18 (13) (12) Kidnapping (IC 35-42-3-2).
71	71	19 (14) (13) Criminal confinement (IC 35-42-3-3) within the past
72	72	20 five (5) years.
73	73	21 (15) (14) Human and sexual trafficking (IC 35-42-3.5).
74	74	22 (16) (15) A felony sex offense under IC 35-42-4.
75	75	23 (17) (16) Arson (IC 35-43-1-1) within the past five (5) years.
76	76	24 (18) (17) Incest (IC 35-46-1-3).
77	77	25 (19) (18) Neglect of a dependent (IC 35-46-1-4(a) and
78	78	26 IC 35-46-1-4(b)).
79	79	27 (20) (19) Child selling (IC 35-46-1-4(d)).
80	80	28 (21) (20) Reckless supervision (IC 35-46-1-4.1).
81	81	29 (22) (21) Nonsupport of a dependent child (IC 35-46-1-5) within
82	82	30 the past five (5) years.
83	83	31 (23) (22) Operating a motorboat while intoxicated (IC 35-46-9-6)
84	84	32 within the past five (5) years.
85	85	33 (24) (23) A felony involving a weapon under IC 35-47 within the
86	86	34 past five (5) years.
87	87	35 (25) (24) A felony relating to controlled substances under
88	88	36 IC 35-48-4 within the past five (5) years.
89	89	37 (26) (25) An offense relating to material or a performance that is
90	90	38 harmful to minors or obscene under IC 35-49-3.
91	91	39 (27) (26) A felony under IC 9-30-5 within the past five (5) years.
92	92	40 (28) (27) A felony related to the health or safety of a child (as
93	93	41 defined in IC 31-9-2-13(h)) or an endangered adult (as defined in
94	94	2025 IN 1334—LS 6817/DI 107 3
95	95	1 IC 12-10-3-2).
96	96	2 SECTION 2. IC 34-23-2-1, AS AMENDED BY P.L.129-2009,
97	97	3 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
98	98	4 JULY 1, 2025]: Sec. 1. (a) This section does not apply to an abortion
99	99	5 performed in compliance with:
100	100	6 (1) IC 16-34; or
101	101	7 (2) IC 35-1-58.5 (before its repeal).
102	102	8 (b) (a) As used in this section, "child" means an unmarried
103	103	9 individual without dependents who is:
104	104	10 (1) less than twenty (20) years of age; or
105	105	11 (2) less than twenty-three (23) years of age and is enrolled in a
106	106	12 postsecondary educational institution or a career and technical
107	107	13 education school or program that is not a postsecondary
108	108	14 educational program.
109	109	15 The term includes a fetus that has attained viability (as defined in
110	110	16 IC 16-18-2-365). at any stage of development from fertilization at
111	111	17 the fusion of a human spermatozoon with a human ovum.
112	112	18 (c) (b) An action may be maintained under this section against the
113	113	19 person whose wrongful act or omission caused the injury or death of a
114	114	20 child. The action may be maintained by:
115	115	21 (1) the father and mother jointly, or either of them by naming the
116	116	22 other parent as a codefendant to answer as to his or her interest;
117	117	23 (2) in case of divorce or dissolution of marriage, the person to
118	118	24 whom custody of the child was awarded; and
119	119	25 (3) a guardian, for the injury or death of a protected person.
120	120	26 (d) (c) In case of death of the person to whom custody of a child was
121	121	27 awarded, a personal representative shall be appointed to maintain the
122	122	28 action for the injury or death of the child.
123	123	29 (e) (d) In an action brought by a guardian for an injury to a protected
124	124	30 person, the damages inure to the benefit of the protected person.
125	125	31 (f) (e) In an action to recover for the death of a child, the plaintiff
126	126	32 may recover damages:
127	127	33 (1) for the loss of the child's services;
128	128	34 (2) for the loss of the child's love and companionship; and
129	129	35 (3) to pay the expenses of:
130	130	36 (A) health care and hospitalization necessitated by the
131	131	37 wrongful act or omission that caused the child's death;
132	132	38 (B) the child's funeral and burial;
133	133	39 (C) the reasonable expense of psychiatric and psychological
134	134	40 counseling incurred by a surviving parent or minor sibling of
135	135	41 the child that is required because of the death of the child;
136	136	42 (D) uninsured debts of the child, including debts for which a
137	137	2025 IN 1334—LS 6817/DI 107 4
138	138	1 parent is obligated on behalf of the child; and
139	139	2 (E) the administration of the child's estate, including
140	140	3 reasonable attorney's fees.
141	141	4 (g) (f) Damages may be awarded under this section only with
142	142	5 respect to the period of time from the death of the child until:
143	143	6 (1) the date that the child would have reached:
144	144	7 (A) twenty (20) years of age; or
145	145	8 (B) twenty-three (23) years of age, if the child was enrolled in
146	146	9 a postsecondary educational institution or in a career and
147	147	10 technical education school or program that is not a
148	148	11 postsecondary educational program; or
149	149	12 (2) the date of the child's last surviving parent's death;
150	150	13 whichever first occurs.
151	151	14 (h) (g) Damages may be awarded under subsection (f)(2) (e)(2) only
152	152	15 with respect to the period of time from the death of the child until the
153	153	16 date of the child's last surviving parent's death.
154	154	17 (i) (h) Damages awarded under subsection (f)(1), (f)(2), (f)(3)(C),
155	155	18 (e)(1), (e)(2), (e)(3)(C), and (f)(3)(D) (e)(3)(D) inure to the benefit of:
156	156	19 (1) the father and mother jointly if both parents had custody of the
157	157	20 child;
158	158	21 (2) the custodial parent, or custodial grandparent, and the
159	159	22 noncustodial parent of the deceased child as apportioned by the
160	160	23 court according to their respective losses; or
161	161	24 (3) a custodial grandparent of the child if the child was not
162	162	25 survived by a parent entitled to benefit under this section.
163	163	26 However, a parent or grandparent who abandoned a deceased child
164	164	27 while the child was alive is not entitled to any recovery under this
165	165	28 chapter.
166	166	29 (j) (i) This section does not affect or supersede any other right,
167	167	30 remedy, or defense provided by any other law.
168	168	31 SECTION 3. IC 35-31.5-2-132 IS REPEALED [EFFECTIVE JULY
169	169	32 1, 2025]. Sec. 132. "Fetus", for purposes of IC 35-42-1-4, has the
170	170	33 meaning set forth in IC 35-42-1-4(a).
171	171	34 SECTION 4. IC 35-31.5-2-160, AS ADDED BY P.L.114-2012,
172	172	35 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
173	173	36 JULY 1, 2025]: Sec. 160. "Human being" means an individual who has
174	174	37 been born and is alive and includes an unborn child at any stage of
175	175	38 development from fertilization at the fusion of a human
176	176	39 spermatozoon with a human ovum.
177	177	40 SECTION 5. IC 35-41-3-8 IS AMENDED TO READ AS
178	178	41 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) Except as
179	179	42 provided in subsections (b) and (c), it is a defense that the person who
180	180	2025 IN 1334—LS 6817/DI 107 5
181	181	1 engaged in the prohibited conduct was compelled to do so by threat of
182	182	2 imminent serious bodily injury to himself or another person. With
183	183	3 respect to offenses other than felonies, it is a defense that the person
184	184	4 who engaged in the prohibited conduct was compelled to do so by force
185	185	5 or threat of force. Compulsion under this section exists only if the
186	186	6 force, threat, or circumstances are such as would render a person of
187	187	7 reasonable firmness incapable of resisting the pressure.
188	188	8 (b) This section does not apply to a person who:
189	189	9 (1) recklessly, knowingly, or intentionally placed himself in a
190	190	10 situation in which it was foreseeable that he would be subjected
191	191	11 to duress; or
192	192	12 (2) except as provided in subsection (c), committed an offense
193	193	13 against the person as defined in IC 35-42.
194	194	14 (c) This section applies to a person who committed an offense
195	195	15 against the person as defined in IC 35-42 if the victim was an
196	196	16 unborn child and the defendant is the unborn child's mother.
197	197	17 SECTION 6. IC 35-41-3-12 IS REPEALED [EFFECTIVE JULY 1,
198	198	18 2025]. Sec. 12. (a) It is a defense to any crime involving the death of or
199	199	19 injury to a fetus that the defendant was a pregnant woman who
200	200	20 committed the unlawful act with the intent to terminate her pregnancy.
201	201	21 (b) Except as provided in subsection (c), it is a defense to any crime
202	202	22 involving the death of or injury to a fetus that the mother of the fetus
203	203	23 requested that the defendant terminate her pregnancy, and that the
204	204	24 death or injury to the fetus was the result of the defendant's termination
205	205	25 or attempted termination of her pregnancy.
206	206	26 (c) Subsection (b) is not a defense to:
207	207	27 (1) performing an unlawful abortion under IC 16-34-2-7; or
208	208	28 (2) feticide (IC 35-42-1-6).
209	209	29 SECTION 7. IC 35-42-1-0.5 IS REPEALED [EFFECTIVE JULY
210	210	30 1, 2025]. Sec. 0.5. Sections 1, 3, and 4 of this chapter do not apply to
211	211	31 an abortion performed in compliance with:
212	212	32 (1) IC 16-34; or
213	213	33 (2) IC 35-1-58.5 (before its repeal).
214	214	34 SECTION 8. IC 35-42-1-0.6 IS ADDED TO THE INDIANA CODE
215	215	35 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
216	216	36 1, 2025]: Sec. 0.6. (a) This chapter applies to a victim who is an
217	217	37 unborn child and all human beings (as defined in
218	218	38 IC 35-31.5-2-160).
219	219	39 (b) The enforcement of this chapter is subject to the same
220	220	40 presumptions, defenses, justifications, immunities, and clemencies
221	221	41 that would apply if the victim was an individual who was born
222	222	42 alive.
223	223	2025 IN 1334—LS 6817/DI 107 6
224	224	1 (c) This chapter does not apply to the unintentional death of an
225	225	2 unborn child when resulting from:
226	226	3 (1) the undertaking of life-saving procedures to save the life
227	227	4 of a mother when accompanied by reasonable steps to save
228	228	5 the life of an unborn child; or
229	229	6 (2) a spontaneous miscarriage.
230	230	7 (d) If a provision of law conflicts with this section, this section
231	231	8 prevails.
232	232	9 SECTION 9. IC 35-42-1-1, AS AMENDED BY P.L.215-2018(ss),
233	233	10 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
234	234	11 JULY 1, 2025]: Sec. 1. A person who:
235	235	12 (1) knowingly or intentionally kills another human being;
236	236	13 (2) kills another human being while committing or attempting to
237	237	14 commit arson, burglary, child molesting, consumer product
238	238	15 tampering, criminal deviate conduct (under IC 35-42-4-2 before
239	239	16 its repeal), kidnapping, rape, robbery, human trafficking,
240	240	17 promotion of human labor trafficking, promotion of human sexual
241	241	18 trafficking, promotion of child sexual trafficking, promotion of
242	242	19 sexual trafficking of a younger child, child sexual trafficking, or
243	243	20 carjacking (before its repeal); or
244	244	21 (3) kills another human being while committing or attempting to
245	245	22 commit:
246	246	23 (A) dealing in or manufacturing cocaine or a narcotic drug (IC
247	247	24 35-48-4-1);
248	248	25 (B) dealing in methamphetamine (IC 35-48-4-1.1);
249	249	26 (C) manufacturing methamphetamine (IC 35-48-4-1.2);
250	250	27 (D) dealing in a schedule I, II, or III controlled substance (IC
251	251	28 35-48-4-2);
252	252	29 (E) dealing in a schedule IV controlled substance (IC
253	253	30 35-48-4-3); or
254	254	31 (F) dealing in a schedule V controlled substance; or
255	255	32 (4) except as provided in section 6.5 of this chapter, knowingly or
256	256	33 intentionally kills a fetus in any stage of development;
257	257	34 commits murder, a felony.
258	258	35 SECTION 10. IC 35-42-1-3, AS AMENDED BY P.L.203-2018,
259	259	36 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
260	260	37 JULY 1, 2025]: Sec. 3. (a) A person who knowingly or intentionally
261	261	38 (1) kills another human being or
262	262	39 (2) except as provided in section 6.5 of this chapter, kills a fetus
263	263	40 in any stage of development;
264	264	41 while acting under sudden heat commits voluntary manslaughter, a
265	265	42 Level 2 felony.
266	266	2025 IN 1334—LS 6817/DI 107 7
267	267	1 (b) The existence of sudden heat is a mitigating factor that reduces
268	268	2 what otherwise would be murder under section 1(1) of this chapter to
269	269	3 voluntary manslaughter.
270	270	4 SECTION 11. IC 35-42-1-4, AS AMENDED BY P.L.203-2018,
271	271	5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
272	272	6 JULY 1, 2025]: Sec. 4. (a) As used in this section, "fetus" means a
273	273	7 fetus in any stage of development.
274	274	8 (b) A person who kills another human being while committing or
275	275	9 attempting to commit:
276	276	10 (1) a Level 5 or Level 6 felony that inherently poses a risk of
277	277	11 serious bodily injury;
278	278	12 (2) a Class A misdemeanor that inherently poses a risk of serious
279	279	13 bodily injury; or
280	280	14 (3) battery;
281	281	15 commits involuntary manslaughter, a Level 5 felony.
282	282	16 (c) Except as provided in section 6.5 of this chapter, a person who
283	283	17 kills a fetus while committing or attempting to commit:
284	284	18 (1) a Level 5 or Level 6 felony that inherently poses a risk of
285	285	19 serious bodily injury;
286	286	20 (2) a Class A misdemeanor that inherently poses a risk of serious
287	287	21 bodily injury;
288	288	22 (3) a battery offense included in IC 35-42-2; or
289	289	23 (4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a
290	290	24 vehicle while intoxicated);
291	291	25 commits involuntary manslaughter, a Level 5 felony.
292	292	26 SECTION 12. IC 35-42-1-6 IS REPEALED [EFFECTIVE JULY 1,
293	293	27 2025]. Sec. 6. (a) This section does not apply to:
294	294	28 (1) the pregnant mother whose pregnancy is terminated;
295	295	29 (2) a person who in good faith provides medical treatment to a
296	296	30 pregnant woman that results in the accidental or unintentional
297	297	31 termination of the pregnancy; or
298	298	32 (3) a physician licensed under IC 25-22.5 who, upon the request
299	299	33 of a pregnant woman, performs a medical procedure to terminate
300	300	34 her pregnancy, even if the procedure is not authorized under
301	301	35 IC 16-34-2-1.
302	302	36 (b) A person who knowingly or intentionally terminates a human
303	303	37 pregnancy with an intention other than to produce a live birth or to
304	304	38 remove a dead fetus commits feticide, a Level 3 felony.
305	305	39 SECTION 13. IC 35-42-1-6.5 IS REPEALED [EFFECTIVE JULY
306	306	40 1, 2025]. Sec. 6.5. (a) The following sections of this chapter do not
307	307	41 apply to an abortion performed in compliance with IC 16-34-2:
308	308	42 (1) Section 1 (murder).
309	309	2025 IN 1334—LS 6817/DI 107 8
310	310	1 (2) Section 3 (voluntary manslaughter).
311	311	2 (3) Section 4 (involuntary manslaughter).
312	312	3 (4) Section 6 (feticide).
313	313	4 (b) The following sections of this chapter do not apply to a pregnant
314	314	5 woman who terminates her own pregnancy or kills a fetus that she is
315	315	6 carrying:
316	316	7 (1) Section 1 (murder).
317	317	8 (2) Section 3 (voluntary manslaughter).
318	318	9 (3) Section 4 (involuntary manslaughter).
319	319	10 (4) Section 6 (feticide).
320	320	11 SECTION 14. IC 35-42-2-0.3 IS ADDED TO THE INDIANA
321	321	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
322	322	13 [EFFECTIVE JULY 1, 2025]: Sec. 0.3. (a) This chapter applies to a
323	323	14 victim who is an unborn child and all human beings (as defined in
324	324	15 IC 35-31.5-2-160).
325	325	16 (b) The enforcement of this chapter is subject to the same
326	326	17 presumptions, defenses, justifications, immunities, and clemencies
327	327	18 that would apply if the victim was an individual who was born
328	328	19 alive.
329	329	20 (c) This chapter does not apply to the unintentional death of an
330	330	21 unborn child when resulting from:
331	331	22 (1) the undertaking of life-saving procedures to save the life
332	332	23 of a mother when accompanied by reasonable steps to save
333	333	24 the life of an unborn child; or
334	334	25 (2) a spontaneous miscarriage.
335	335	26 (d) If a provision of law conflicts with this section, this section
336	336	27 prevails.
337	337	2025 IN 1334—LS 6817/DI 107