1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1415 |
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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 5-2-6-28.5; IC 35-31.5-2-312.5; IC 35-40.5. |
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7 | 7 | | Synopsis: State sexual assault response team. Provides the state sexual |
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8 | 8 | | assault response team (team) is established within the criminal justice |
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9 | 9 | | institute. Requires the team to meet quarterly through July 1, 2027. |
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10 | 10 | | Requires the team to evaluate local sexual assault response teams, to |
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11 | 11 | | determine best practices, to evaluate sexual assault training, and to |
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12 | 12 | | make recommendations. |
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13 | 13 | | Effective: July 1, 2025. |
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14 | 14 | | Cash |
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15 | 15 | | January 13, 2025, read first time and referred to Committee on Veterans Affairs and Public |
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16 | 16 | | Safety. |
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17 | 17 | | 2025 IN 1415—LS 7509/DI 107 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. 1415 |
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29 | 29 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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30 | 30 | | public safety. |
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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 5-2-6-28.5 IS ADDED TO THE INDIANA CODE |
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33 | 33 | | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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34 | 34 | | 3 1, 2025]: Sec. 28.5. (a) The state sexual assault response team is |
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35 | 35 | | 4 established within the criminal justice institute. |
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36 | 36 | | 5 (b) The state sexual assault response team is comprised of the |
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37 | 37 | | 6 following fourteen (14) members: |
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38 | 38 | | 7 (1) The executive director of the prosecuting attorneys council |
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39 | 39 | | 8 of Indiana or the executive director's designee. |
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40 | 40 | | 9 (2) The executive director of the criminal justice institute or |
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41 | 41 | | 10 the executive director's designee. |
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42 | 42 | | 11 (3) The superintendent of the state police department or the |
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43 | 43 | | 12 superintendent's designee. |
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44 | 44 | | 13 (4) The executive director of the public defender council of |
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45 | 45 | | 14 Indiana or the executive director's designee. |
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46 | 46 | | 15 (5) The president of the Indiana sheriffs' association or the |
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47 | 47 | | 16 president's designee. |
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48 | 48 | | 17 (6) The president of the Indiana judges association or the |
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49 | 49 | | 2025 IN 1415—LS 7509/DI 107 2 |
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50 | 50 | | 1 president's designee. |
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51 | 51 | | 2 (7) A victim advocate from a prosecuting attorney's office |
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52 | 52 | | 3 appointed by the executive director of the prosecuting |
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53 | 53 | | 4 attorneys council of Indiana. |
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54 | 54 | | 5 (8) An advocate for sexual assault victims appointed by the |
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55 | 55 | | 6 governor. |
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56 | 56 | | 7 (9) A medical professional with experience treating sexual |
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57 | 57 | | 8 assault victims, appointed by the president pro tempore of the |
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58 | 58 | | 9 senate. |
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59 | 59 | | 10 (10) An individual with experience working on a county sexual |
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60 | 60 | | 11 assault response team appointed by the speaker of the house |
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61 | 61 | | 12 of representatives. |
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62 | 62 | | 13 (11) The director of the Indiana Coalition for Crime Victims |
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63 | 63 | | 14 Rights or the director's designee. |
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64 | 64 | | 15 (12) A disability advocate who has been trained in advocating |
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65 | 65 | | 16 for the victims of sexual assault with disabilities appointed by |
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66 | 66 | | 17 the director of The Arc of Indiana. |
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67 | 67 | | 18 (13) An attorney licensed to practice in Indiana who |
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68 | 68 | | 19 specializes in representing victims of sexual assault appointed |
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69 | 69 | | 20 by the chief justice of the supreme court. |
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70 | 70 | | 21 (14) A forensic nurse who works with victims of sexual assault |
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71 | 71 | | 22 and participates in evidence collection, or a forensic |
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72 | 72 | | 23 psychologist who understands the neurobiology of trauma |
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73 | 73 | | 24 appointed by commissioner of the Indiana department of |
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74 | 74 | | 25 health. |
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75 | 75 | | 26 (c) The executive director of the criminal justice institute or the |
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76 | 76 | | 27 executive director's designee is the chairperson of the state sexual |
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77 | 77 | | 28 assault response team. |
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78 | 78 | | 29 (d) The state sexual assault response team shall meet at least |
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79 | 79 | | 30 quarterly from July 1, 2025, through July 1, 2027. |
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80 | 80 | | 31 (e) The state sexual assault response team shall not later than: |
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81 | 81 | | 32 (1) June 30, 2026, determine the number of county and local |
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82 | 82 | | 33 sexual assault teams that have been established; |
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83 | 83 | | 34 (2) June 30, 2026, survey each county and local sexual assault |
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84 | 84 | | 35 team to determine their best practices; |
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85 | 85 | | 36 (3) June 30, 2026, contact each law enforcement agency in |
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86 | 86 | | 37 Indiana to inquire about their sexual assault investigation |
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87 | 87 | | 38 protocols and practices; |
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88 | 88 | | 39 (4) June 30, 2027, evaluate the sexual assault investigation |
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89 | 89 | | 40 training at the law enforcement training academies; |
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90 | 90 | | 41 (5) June 30, 2027, evaluate the sexual assault investigation |
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91 | 91 | | 42 annual training for law enforcement officers; |
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92 | 92 | | 2025 IN 1415—LS 7509/DI 107 3 |
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93 | 93 | | 1 (6) June 30, 2027, compile the best practices for sexual assault |
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94 | 94 | | 2 investigation and training; and |
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95 | 95 | | 3 (7) November 1, 2027, file a report with the legislative council, |
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96 | 96 | | 4 in an electronic format under IC 5-14-6, and post the report |
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97 | 97 | | 5 on the criminal justice institute's website, detailing the |
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98 | 98 | | 6 statewide sexual assault response team's findings and |
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99 | 99 | | 7 recommendations for legislation to improve and promote best |
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100 | 100 | | 8 practices for sexual assault investigations and sexual assault |
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101 | 101 | | 9 investigation training in Indiana. |
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102 | 102 | | 10 (f) The state sexual assault response team shall develop victim's |
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103 | 103 | | 11 rights documents required under: |
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104 | 104 | | 12 (1) IC 35-40.5-4-2; |
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105 | 105 | | 13 (2) IC 35-40.5-5-1; and |
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106 | 106 | | 14 (3) IC 35-40.5-7-1. |
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107 | 107 | | 15 (g) The state sexual assault response team shall receive |
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108 | 108 | | 16 qualitative data from survivors of sexual assault regarding their |
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109 | 109 | | 17 experiences with law enforcement when reporting sexual assault. |
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110 | 110 | | 18 (h) The criminal justice institute shall provide staff support to |
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111 | 111 | | 19 the state sexual assault response team. |
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112 | 112 | | 20 SECTION 2. IC 35-31.5-2-312.5, AS ADDED BY P.L.58-2020, |
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113 | 113 | | 21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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114 | 114 | | 22 JULY 1, 2025]: Sec. 312.5. "State sexual assault response team", for |
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115 | 115 | | 23 purposes of IC 35-40.5, has the meaning set forth in IC 35-40.5-1-1. |
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116 | 116 | | 24 IC 35-40.5-1-1(5). |
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117 | 117 | | 25 SECTION 3. IC 35-40.5-1-1, AS AMENDED BY P.L.32-2021, |
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118 | 118 | | 26 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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119 | 119 | | 27 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this |
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120 | 120 | | 28 article: |
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121 | 121 | | 29 (1) "Law enforcement officer" means any of the following: |
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122 | 122 | | 30 (A) A law enforcement officer (as defined in |
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123 | 123 | | 31 IC 35-31.5-2-185). |
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124 | 124 | | 32 (B) A state educational institution police officer appointed |
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125 | 125 | | 33 under IC 21-39-4. |
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126 | 126 | | 34 (C) A school corporation police officer appointed under |
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127 | 127 | | 35 IC 20-26-16. |
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128 | 128 | | 36 (D) A school resource officer (as defined in IC 20-26-18.2-1). |
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129 | 129 | | 37 (E) A police officer of a private postsecondary educational |
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130 | 130 | | 38 institution whose governing board has appointed the police |
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131 | 131 | | 39 officer under IC 21-17-5-2. |
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132 | 132 | | 40 (2) "Provider" has the meaning set forth in IC 16-21-8-0.2. |
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133 | 133 | | 41 (3) "Relative" has the meaning set forth in IC 35-42-2-1(b). |
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134 | 134 | | 42 (4) "Sexual assault forensic evidence" means the results collected |
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135 | 135 | | 2025 IN 1415—LS 7509/DI 107 4 |
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136 | 136 | | 1 from a forensic medical examination of a victim by a provider. |
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137 | 137 | | 2 (5) "State sexual assault response team" means the statewide |
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138 | 138 | | 3 sexual assault response team coordinated established by the |
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139 | 139 | | 4 Indiana prosecuting attorneys council and the Indiana criminal |
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140 | 140 | | 5 justice institute. IC 5-2-6-28.5. |
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141 | 141 | | 6 (6) "Victim" means an individual: |
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142 | 142 | | 7 (A) who is a victim of sexual assault (as defined in |
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143 | 143 | | 8 IC 5-26.5-1-8); or |
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144 | 144 | | 9 (B) who: |
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145 | 145 | | 10 (i) is a relative of or a person who has had a close personal |
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146 | 146 | | 11 relationship with the individual described under clause (A); |
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147 | 147 | | 12 and |
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148 | 148 | | 13 (ii) is designated by the individual described under clause |
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149 | 149 | | 14 (A) as a representative. |
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150 | 150 | | 15 The term does not include an individual who is accused of |
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151 | 151 | | 16 committing an act of sexual assault (as defined in |
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152 | 152 | | 17 IC 5-26.5-1-8) against the individual described under clause |
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153 | 153 | | 18 (A). |
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154 | 154 | | 19 (7) "Victim advocate" has the meaning set forth in IC 35-37-6-3.5. |
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155 | 155 | | 20 (8) "Victim service provider" has the meaning set forth in |
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156 | 156 | | 21 IC 35-37-6-5. |
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157 | 157 | | 22 SECTION 4. IC 35-40.5-4-2, AS AMENDED BY P.L.133-2020, |
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158 | 158 | | 23 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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159 | 159 | | 24 JULY 1, 2025]: Sec. 2. Before a provider commences a forensic |
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160 | 160 | | 25 medical examination, or as soon as possible, the provider shall inform |
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161 | 161 | | 26 the victim of the following: |
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162 | 162 | | 27 (1) The victim's rights under this article and other relevant law in |
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163 | 163 | | 28 a document to be developed by the state sexual assault response |
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164 | 164 | | 29 team, as established by IC 5-2-6-28.5, which shall be signed by |
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165 | 165 | | 30 the victim to confirm receipt, unless the victim has already been |
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166 | 166 | | 31 provided with the document under IC 35-40.5-5-1. |
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167 | 167 | | 32 (2) The victim's right to speak with a victim advocate or victim |
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168 | 168 | | 33 service provider. If a victim advocate or victim service provider |
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169 | 169 | | 34 is not available, a victim has the right to speak with victims |
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170 | 170 | | 35 assistance or a social worker. |
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171 | 171 | | 36 SECTION 5. IC 35-40.5-5-1, AS AMENDED BY P.L.133-2020, |
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172 | 172 | | 37 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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173 | 173 | | 38 JULY 1, 2025]: Sec. 1. Before a law enforcement officer commences |
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174 | 174 | | 39 an interview of a victim, the law enforcement officer shall inform the |
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175 | 175 | | 40 victim of the following: |
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176 | 176 | | 41 (1) The victim's rights under this article and other relevant law in |
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177 | 177 | | 42 a document to be developed by the state sexual assault response |
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178 | 178 | | 2025 IN 1415—LS 7509/DI 107 5 |
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179 | 179 | | 1 team, as established by IC 5-2-6-28.5, which shall be signed by |
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180 | 180 | | 2 the victim to confirm receipt, unless the victim has already been |
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181 | 181 | | 3 provided with the document under IC 35-40.5-4-2. |
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182 | 182 | | 4 (2) The victim's right to speak with a victim advocate or victim |
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183 | 183 | | 5 service provider during the course of the investigation, and that |
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184 | 184 | | 6 the victim has the right to speak to victims assistance or a social |
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185 | 185 | | 7 worker if a victim advocate or victim service provider is not |
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186 | 186 | | 8 available. |
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187 | 187 | | 9 SECTION 6. IC 35-40.5-7-1, AS AMENDED BY P.L.133-2020, |
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188 | 188 | | 10 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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189 | 189 | | 11 JULY 1, 2025]: Sec. 1. (a) Upon initial interaction with a victim, a law |
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190 | 190 | | 12 enforcement officer or provider shall provide the victim with a |
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191 | 191 | | 13 document developed by the state sexual assault response team, as |
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192 | 192 | | 14 established by IC 5-2-6-28.5, that explains the rights of victims: |
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193 | 193 | | 15 (1) under this article and other relevant law; |
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194 | 194 | | 16 (2) in a format accessible to persons with visual disabilities; and |
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195 | 195 | | 17 (3) in English, Spanish, and German. |
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196 | 196 | | 18 (b) The document described in subsection (a) shall include the |
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197 | 197 | | 19 following: |
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198 | 198 | | 20 (1) A clear statement that a victim is not required to receive a |
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199 | 199 | | 21 medical evidentiary or physical examination in order to retain the |
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200 | 200 | | 22 rights provided under this article or any other relevant law. |
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201 | 201 | | 23 (2) Information concerning state and federal victim compensation |
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202 | 202 | | 24 funds for medical and other costs associated with the sexual |
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203 | 203 | | 25 assault. |
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204 | 204 | | 2025 IN 1415—LS 7509/DI 107 |
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