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Indiana House Bill HB1355

Indiana 2025 Regular Session

Indiana House Bill HB1355 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1355
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 16-41; IC 35-31.5-2-152.5; IC 35-42-2-1;
77 IC 35-45; IC 35-52-16-58.
88 Synopsis: Human immunodeficiency virus. Removes enhancements
99 for battery by body waste and malicious mischief with food based on
1010 HIV contamination. Repeals offenses relating to semen or blood
1111 containing HIV antibodies. Makes conforming amendments.
1212 Effective: July 1, 2025.
1313 Clere, McNamara, Gore
1414 January 13, 2025, read first time and referred to Committee on Courts and Criminal Code.
1515 2025 IN 1355—LS 7638/DI 106 Introduced
1616 First Regular Session of the 124th General Assembly (2025)
1717 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
1818 Constitution) is being amended, the text of the existing provision will appear in this style type,
1919 additions will appear in this style type, and deletions will appear in this style type.
2020 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2121 provision adopted), the text of the new provision will appear in this style type. Also, the
2222 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2323 a new provision to the Indiana Code or the Indiana Constitution.
2424 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2525 between statutes enacted by the 2024 Regular Session of the General Assembly.
2626 HOUSE BILL _____
2727 A BILL FOR AN ACT to amend the Indiana Code concerning
2828 criminal law and procedure.
2929 Be it enacted by the General Assembly of the State of Indiana:
3030 1 SECTION 1. IC 16-41-8-1, AS AMENDED BY P.L.130-2021,
3131 2 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3232 3 JULY 1, 2025]: Sec. 1. (a) As used in this chapter, "potentially disease
3333 4 transmitting offense" means any of the following:
3434 5 (1) Battery (IC 35-42-2-1) or domestic battery (IC 35-42-2-1.3)
3535 6 involving placing a bodily fluid or waste on another person.
3636 7 (2) An offense relating to a criminal sexual act (as defined in
3737 8 IC 35-31.5-2-216), if sexual intercourse or other sexual conduct
3838 9 (as defined in IC 35-31.5-2-221.5) occurred.
3939 10 The term includes an attempt to commit an offense, if sexual
4040 11 intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5)
4141 12 occurred, and a delinquent act that would be a crime if committed by
4242 13 an adult.
4343 14 (b) Except as provided in this chapter, a person may not disclose or
4444 15 be compelled to disclose medical or epidemiological information
4545 16 involving a communicable disease or other serious disease (as set forth
4646 17 in the list published under IC 16-41-2-1). This information may not be
4747 2025 IN 1355—LS 7638/DI 106 2
4848 1 released or made public upon subpoena or otherwise, except under the
4949 2 following circumstances:
5050 3 (1) Release may be made of medical or epidemiologic information
5151 4 for statistical purposes if done in a manner that does not identify
5252 5 an individual.
5353 6 (2) Release may be made of medical or epidemiologic information
5454 7 with the written consent of all individuals identified in the
5555 8 information released.
5656 9 (3) Release may be made of medical or epidemiologic information
5757 10 to the extent necessary to enforce public health laws, laws
5858 11 described in IC 31-37-19-4 through IC 31-37-19-6, IC 31-37-19-9
5959 12 through IC 31-37-19-10, IC 31-37-19-12 through IC 31-37-19-23,
6060 13 and IC 35-38-1-7.1 and IC 35-45-21-1 or to protect the health or
6161 14 life of a named party.
6262 15 (4) Release may be made of the medical information of a person
6363 16 in accordance with this chapter.
6464 17 (5) Release may be made of the medical information or
6565 18 epidemiologic information of a person to an Indiana nonprofit
6666 19 entity that performs health data services for health care providers
6767 20 if the state department:
6868 21 (A) determines that the release is necessary as part of a
6969 22 response to a public health event, including an outbreak,
7070 23 epidemic, or pandemic; and
7171 24 (B) executes a data use agreement with the entity that specifies
7272 25 the permitted use and disclosure of any released information.
7373 26 (c) Except as provided in this chapter, a person responsible for
7474 27 recording, reporting, or maintaining information required to be reported
7575 28 under IC 16-41-2 who recklessly, knowingly, or intentionally discloses
7676 29 or fails to protect medical or epidemiologic information classified as
7777 30 confidential under this section commits a Class A misdemeanor.
7878 31 (d) In addition to subsection (c), a public employee who violates this
7979 32 section is subject to discharge or other disciplinary action under the
8080 33 personnel rules of the agency that employs the employee.
8181 34 (e) Release shall be made of the medical records concerning an
8282 35 individual to:
8383 36 (1) the individual;
8484 37 (2) a person authorized in writing by the individual to receive the
8585 38 medical records; or
8686 39 (3) a coroner under IC 36-2-14-21.
8787 40 (f) An individual may voluntarily disclose information about the
8888 41 individual's communicable disease.
8989 42 (g) The provisions of this section regarding confidentiality apply to
9090 2025 IN 1355—LS 7638/DI 106 3
9191 1 information obtained under IC 16-41-1 through IC 16-41-16.
9292 2 SECTION 2. IC 16-41-12-15, AS AMENDED BY P.L.56-2023,
9393 3 SECTION 159, IS AMENDED TO READ AS FOLLOWS
9494 4 [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) A blood center shall require
9595 5 a blood donor to provide to the blood center the following information:
9696 6 (1) Name.
9797 7 (2) Address.
9898 8 (3) Date of birth.
9999 9 (4) The blood donor's Social Security number, if the blood donor
100100 10 is receiving monetary compensation for the donation.
101101 11 (b) A blood center shall report the name and address of a blood
102102 12 donor to the state department when a confirmatory test of the blood
103103 13 donor's blood confirms the presence of antibodies to the human
104104 14 immunodeficiency virus (HIV).
105105 15 (c) A blood center shall provide to a blood donor information to
106106 16 enable the blood donor to give informed consent to the procedures
107107 17 required by this chapter or IC 16-36. The information required by this
108108 18 subsection must be in the following form:
109109 19 NOTICE
110110 20 (1) This blood center performs a screening test for the human
111111 21 immunodeficiency virus (HIV) on every donor's blood.
112112 22 (2) This blood center reports to the Indiana Department of Health
113113 23 the name and address of a blood donor when a confirmatory test
114114 24 of the blood donor's blood confirms the presence of antibodies to
115115 25 the human immunodeficiency virus (HIV).
116116 26 (3) A person who recklessly, knowingly, or intentionally donates
117117 27 (excluding self-donations for stem cell transplantation, other
118118 28 autologous donations, or donations not intended by the blood
119119 29 center for distribution or use), sells, or transfers blood that
120120 30 contains antibodies for the human immunodeficiency virus (HIV)
121121 31 commits a criminal offense as described in IC 35-45-21-1.
122122 32 SECTION 3. IC 16-41-14-13, AS AMENDED BY P.L.56-2023,
123123 33 SECTION 160, IS AMENDED TO READ AS FOLLOWS
124124 34 [EFFECTIVE JULY 1, 2025]: Sec. 13. A practitioner shall provide
125125 35 information to a semen donor to enable the semen donor to give
126126 36 informed consent to the procedures required by this chapter. The
127127 37 information required by this section must be in the following form:
128128 38 NOTICE
129129 39 (1) This facility performs a screening test for the human
130130 40 immunodeficiency virus (HIV) on every donor's blood.
131131 41 (2) This facility reports to the Indiana Department of Health the
132132 42 name and address of a semen donor or recipient when a
133133 2025 IN 1355—LS 7638/DI 106 4
134134 1 confirmatory test of the semen donor's blood or the recipient's
135135 2 blood confirms the presence of antibodies to the human
136136 3 immunodeficiency virus (HIV).
137137 4 (3) A person who, for the purpose of artificial insemination,
138138 5 recklessly, knowingly, or intentionally donates, sells, or transfers
139139 6 semen that contains antibodies for the human immunodeficiency
140140 7 virus (HIV) commits a criminal offense as described in
141141 8 IC 35-45-21-1.
142142 9 SECTION 4. IC 16-41-14-17 IS REPEALED [EFFECTIVE JULY
143143 10 1, 2025]. Sec. 17. (a) This section does not apply to a person who
144144 11 transfers for research purposes semen that contains antibodies for the
145145 12 human immunodeficiency virus (HIV).
146146 13 (b) A person who, for the purpose of artificial insemination,
147147 14 recklessly, knowingly, or intentionally donates, sells, or transfers semen
148148 15 that contains antibodies for the human immunodeficiency virus (HIV)
149149 16 commits transferring contaminated semen, a Level 5 felony. The
150150 17 offense is a Level 4 felony if the offense results in the transmission of
151151 18 the virus to another person.
152152 19 SECTION 5. IC 35-31.5-2-152.5 IS REPEALED [EFFECTIVE
153153 20 JULY 1, 2025]. Sec. 152.5. "HIV", for purposes of IC 35-45-16, has the
154154 21 meaning set forth in IC 35-45-16-1.
155155 22 SECTION 6. IC 35-42-2-1, AS AMENDED BY P.L.148-2024,
156156 23 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
157157 24 JULY 1, 2025]: Sec. 1. (a) As used in this section, "public safety
158158 25 official" means:
159159 26 (1) a law enforcement officer, including an alcoholic beverage
160160 27 enforcement officer;
161161 28 (2) an employee of a penal facility or a juvenile detention facility
162162 29 (as defined in IC 31-9-2-71);
163163 30 (3) an employee of the department of correction;
164164 31 (4) a probation officer;
165165 32 (5) a parole officer;
166166 33 (6) a community corrections worker;
167167 34 (7) a home detention officer;
168168 35 (8) a department of child services employee;
169169 36 (9) a firefighter;
170170 37 (10) an emergency medical services provider;
171171 38 (11) a judicial officer;
172172 39 (12) a bailiff of any court; or
173173 40 (13) a special deputy (as described in IC 36-8-10-10.6).
174174 41 (b) As used in this section, "relative" means an individual related by
175175 42 blood, half-blood, adoption, marriage, or remarriage, including:
176176 2025 IN 1355—LS 7638/DI 106 5
177177 1 (1) a spouse;
178178 2 (2) a parent or stepparent;
179179 3 (3) a child or stepchild;
180180 4 (4) a grandchild or stepgrandchild;
181181 5 (5) a grandparent or stepgrandparent;
182182 6 (6) a brother, sister, stepbrother, or stepsister;
183183 7 (7) a niece or nephew;
184184 8 (8) an aunt or uncle;
185185 9 (9) a daughter-in-law or son-in-law;
186186 10 (10) a mother-in-law or father-in-law; or
187187 11 (11) a first cousin.
188188 12 (c) Except as provided in subsections (d) through (k), a person who
189189 13 knowingly or intentionally:
190190 14 (1) touches another person in a rude, insolent, or angry manner;
191191 15 or
192192 16 (2) in a rude, insolent, or angry manner places any bodily fluid or
193193 17 waste on another person;
194194 18 commits battery, a Class B misdemeanor.
195195 19 (d) The offense described in subsection (c)(1) or (c)(2) is a Class A
196196 20 misdemeanor if it:
197197 21 (1) results in bodily injury to any other person; or
198198 22 (2) is committed against a member of a foster family home (as
199199 23 defined in IC 35-31.5-2-139.3) by a person who is not a resident
200200 24 of the foster family home if the person who committed the offense
201201 25 is a relative of a person who lived in the foster family home at the
202202 26 time of the offense.
203203 27 (e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
204204 28 felony if one (1) or more of the following apply:
205205 29 (1) The offense results in moderate bodily injury to any other
206206 30 person.
207207 31 (2) The offense is committed against a public safety official while
208208 32 the official is engaged in the official's official duty, unless the
209209 33 offense is committed by a person detained or committed under
210210 34 IC 12-26.
211211 35 (3) The offense is committed against a person less than fourteen
212212 36 (14) years of age and is committed by a person at least eighteen
213213 37 (18) years of age.
214214 38 (4) The offense is committed against a person of any age who has
215215 39 a mental or physical disability and is committed by a person
216216 40 having the care of the person with the mental or physical
217217 41 disability, whether the care is assumed voluntarily or because of
218218 42 a legal obligation.
219219 2025 IN 1355—LS 7638/DI 106 6
220220 1 (5) The offense is committed against an endangered adult (as
221221 2 defined in IC 12-10-3-2).
222222 3 (6) The offense:
223223 4 (A) is committed against a member of a foster family home (as
224224 5 defined in IC 35-31.5-2-139.3) by a person who is not a
225225 6 resident of the foster family home if the person who committed
226226 7 the offense is a relative of a person who lived in the foster
227227 8 family home at the time of the offense; and
228228 9 (B) results in bodily injury to the member of the foster family.
229229 10 (f) The offense described in subsection (c)(2) is a Level 6 felony if
230230 11 the person knew or recklessly failed to know that the bodily fluid or
231231 12 waste placed on another person was infected with hepatitis or
232232 13 tuberculosis. or human immunodeficiency virus.
233233 14 (g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
234234 15 felony if one (1) or more of the following apply:
235235 16 (1) The offense results in serious bodily injury to another person.
236236 17 (2) The offense is committed with a deadly weapon.
237237 18 (3) The offense results in bodily injury to a pregnant woman if the
238238 19 person knew of the pregnancy.
239239 20 (4) The person has a previous conviction for a battery or
240240 21 strangulation offense included in this chapter against the same
241241 22 victim.
242242 23 (5) The offense results in bodily injury to one (1) or more of the
243243 24 following:
244244 25 (A) A public safety official while the official is engaged in the
245245 26 official's official duties, unless the offense is committed by a
246246 27 person detained or committed under IC 12-26.
247247 28 (B) A person less than fourteen (14) years of age if the offense
248248 29 is committed by a person at least eighteen (18) years of age.
249249 30 (C) A person who has a mental or physical disability if the
250250 31 offense is committed by an individual having care of the
251251 32 person with the disability, regardless of whether the care is
252252 33 assumed voluntarily or because of a legal obligation.
253253 34 (D) An endangered adult (as defined in IC 12-10-3-2).
254254 35 (h) The offense described in subsection (c)(2) is a Level 5 felony if:
255255 36 (1) the person knew or recklessly failed to know that the bodily
256256 37 fluid or waste placed on another person was infected with
257257 38 hepatitis or tuberculosis; or human immunodeficiency virus; and
258258 39 (2) the person placed the bodily fluid or waste on a public safety
259259 40 official, unless the offense is committed by a person detained or
260260 41 committed under IC 12-26.
261261 42 (i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
262262 2025 IN 1355—LS 7638/DI 106 7
263263 1 felony if it results in serious bodily injury to an endangered adult (as
264264 2 defined in IC 12-10-3-2).
265265 3 (j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
266266 4 felony if it results in serious bodily injury to a person less than fourteen
267267 5 (14) years of age if the offense is committed by a person at least
268268 6 eighteen (18) years of age.
269269 7 (k) The offense described in subsection (c)(1) or (c)(2) is a Level 2
270270 8 felony if it results in the death of one (1) or more of the following:
271271 9 (1) A person less than fourteen (14) years of age if the offense is
272272 10 committed by a person at least eighteen (18) years of age.
273273 11 (2) An endangered adult (as defined in IC 12-10-3-2).
274274 12 SECTION 7. IC 35-45-16-1 IS REPEALED [EFFECTIVE JULY 1,
275275 13 2025]. Sec. 1. As used in this chapter, "HIV" refers to the human
276276 14 immunodeficiency virus.
277277 15 SECTION 8. IC 35-45-16-2, AS AMENDED BY P.L.158-2013,
278278 16 SECTION 545, IS AMENDED TO READ AS FOLLOWS
279279 17 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) As used in this section, "body
280280 18 fluid" means:
281281 19 (1) blood;
282282 20 (2) saliva;
283283 21 (3) sputum;
284284 22 (4) semen;
285285 23 (5) vaginal secretions;
286286 24 (6) human milk;
287287 25 (7) urine;
288288 26 (8) sweat;
289289 27 (9) tears;
290290 28 (10) any other liquid produced by the body; or
291291 29 (11) any aerosol generated form of liquids listed in this
292292 30 subsection.
293293 31 (b) As used in this section, "infectious hepatitis" means:
294294 32 (1) hepatitis A;
295295 33 (2) hepatitis B;
296296 34 (3) hepatitis C;
297297 35 (4) hepatitis D;
298298 36 (5) hepatitis E; or
299299 37 (6) hepatitis G.
300300 38 (c) A person who recklessly, knowingly, or intentionally places
301301 39 human:
302302 40 (1) body fluid; or
303303 41 (2) fecal waste;
304304 42 in a location with the intent that another person will involuntarily touch
305305 2025 IN 1355—LS 7638/DI 106 8
306306 1 the body fluid or fecal waste commits malicious mischief, a Class B
307307 2 misdemeanor.
308308 3 (d) An offense described in subsection (c) is a:
309309 4 (1) Level 6 felony if the person knew or recklessly failed to know
310310 5 that the body fluid or fecal waste was infected with:
311311 6 (A) infectious hepatitis; or
312312 7 (B) HIV; or
313313 8 (C) (B) tuberculosis; and
314314 9 (2) Level 5 felony if:
315315 10 (A) the person knew or recklessly failed to know that the body
316316 11 fluid or fecal waste was infected with infectious hepatitis and
317317 12 the offense results in the transmission of infectious hepatitis to
318318 13 the other person; or
319319 14 (B) the person knew or recklessly failed to know that the body
320320 15 fluid or fecal waste was infected with tuberculosis and the
321321 16 offense results in the transmission of tuberculosis to the other
322322 17 person. and
323323 18 (3) Level 4 felony if:
324324 19 (A) the person knew or recklessly failed to know that the body
325325 20 fluid or fecal waste was infected with HIV; and
326326 21 (B) the offense results in the transmission of HIV to the other
327327 22 person.
328328 23 (e) A person who recklessly, knowingly, or intentionally places
329329 24 human:
330330 25 (1) body fluid; or
331331 26 (2) fecal waste;
332332 27 in a location with the intent that another person will ingest the body
333333 28 fluid or fecal waste commits malicious mischief with food, a Class A
334334 29 misdemeanor.
335335 30 (f) An offense described in subsection (e) is:
336336 31 (1) a Level 6 felony if the person knew or recklessly failed to
337337 32 know that the body fluid or fecal waste was infected with:
338338 33 (A) infectious hepatitis; or
339339 34 (B) HIV; or
340340 35 (C) (B) tuberculosis; and
341341 36 (2) a Level 5 felony if:
342342 37 (A) the person knew or recklessly failed to know that the body
343343 38 fluid or fecal waste was infected with infectious hepatitis and
344344 39 the offense results in the transmission of infectious hepatitis to
345345 40 the other person; or
346346 41 (B) the person knew or recklessly failed to know that the body
347347 42 fluid or fecal waste was infected with tuberculosis and the
348348 2025 IN 1355—LS 7638/DI 106 9
349349 1 offense results in the transmission of tuberculosis to the other
350350 2 person. and
351351 3 (3) a Level 4 felony if:
352352 4 (A) the person knew or recklessly failed to know that the body
353353 5 fluid or fecal waste was infected with HIV; and
354354 6 (B) the offense results in the transmission of HIV to the other
355355 7 person.
356356 8 SECTION 9. IC 35-45-21-1 IS REPEALED [EFFECTIVE JULY 1,
357357 9 2025]. Sec. 1. (a) As used in this section, "blood" has the meaning set
358358 10 forth in IC 16-41-12-2.5.
359359 11 (b) A person who recklessly, knowingly, or intentionally donates,
360360 12 sells, or transfers blood or semen for artificial insemination (as defined
361361 13 in IC 16-41-14-2) that contains the human immunodeficiency virus
362362 14 (HIV) commits transferring contaminated body fluids, a Level 5 felony.
363363 15 (c) However, the offense under subsection (b) is a Level 3 felony if
364364 16 it results in the transmission of the human immunodeficiency virus
365365 17 (HIV) to any person other than the defendant.
366366 18 (d) This section does not apply to:
367367 19 (1) a person who, for reasons of privacy, donates, sells, or
368368 20 transfers blood at a blood center (as defined in IC 16-41-12-3)
369369 21 after the person has notified the blood center that the blood must
370370 22 be disposed of and may not be used for any purpose;
371371 23 (2) a person who transfers blood semen, or another body fluid that
372372 24 contains the human immunodeficiency virus (HIV) for research
373373 25 purposes; or
374374 26 (3) a person who is an autologous blood donor for stem cell
375375 27 transplantation.
376376 28 SECTION 10. IC 35-52-16-58 IS REPEALED [EFFECTIVE JULY
377377 29 1, 2025]. Sec. 58. IC 16-41-14-17 defines a crime concerning
378378 30 communicable diseases.
379379 2025 IN 1355—LS 7638/DI 106