Indiana 2025 Regular Session

Indiana House Bill HB1415 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1415
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 5-2-6-28.5; IC 35-31.5-2-312.5; IC 35-40.5.
77 Synopsis: State sexual assault response team. Provides the state sexual
88 assault response team (team) is established within the criminal justice
99 institute. Requires the team to meet quarterly through July 1, 2027.
1010 Requires the team to evaluate local sexual assault response teams, to
1111 determine best practices, to evaluate sexual assault training, and to
1212 make recommendations.
1313 Effective: July 1, 2025.
1414 Cash
1515 January 13, 2025, read first time and referred to Committee on Veterans Affairs and Public
1616 Safety.
1717 2025 IN 1415—LS 7509/DI 107 Introduced
1818 First Regular Session of the 124th General Assembly (2025)
1919 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2020 Constitution) is being amended, the text of the existing provision will appear in this style type,
2121 additions will appear in this style type, and deletions will appear in this style type.
2222 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2323 provision adopted), the text of the new provision will appear in this style type. Also, the
2424 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2525 a new provision to the Indiana Code or the Indiana Constitution.
2626 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2727 between statutes enacted by the 2024 Regular Session of the General Assembly.
2828 HOUSE BILL No. 1415
2929 A BILL FOR AN ACT to amend the Indiana Code concerning
3030 public safety.
3131 Be it enacted by the General Assembly of the State of Indiana:
3232 1 SECTION 1. IC 5-2-6-28.5 IS ADDED TO THE INDIANA CODE
3333 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3434 3 1, 2025]: Sec. 28.5. (a) The state sexual assault response team is
3535 4 established within the criminal justice institute.
3636 5 (b) The state sexual assault response team is comprised of the
3737 6 following fourteen (14) members:
3838 7 (1) The executive director of the prosecuting attorneys council
3939 8 of Indiana or the executive director's designee.
4040 9 (2) The executive director of the criminal justice institute or
4141 10 the executive director's designee.
4242 11 (3) The superintendent of the state police department or the
4343 12 superintendent's designee.
4444 13 (4) The executive director of the public defender council of
4545 14 Indiana or the executive director's designee.
4646 15 (5) The president of the Indiana sheriffs' association or the
4747 16 president's designee.
4848 17 (6) The president of the Indiana judges association or the
4949 2025 IN 1415—LS 7509/DI 107 2
5050 1 president's designee.
5151 2 (7) A victim advocate from a prosecuting attorney's office
5252 3 appointed by the executive director of the prosecuting
5353 4 attorneys council of Indiana.
5454 5 (8) An advocate for sexual assault victims appointed by the
5555 6 governor.
5656 7 (9) A medical professional with experience treating sexual
5757 8 assault victims, appointed by the president pro tempore of the
5858 9 senate.
5959 10 (10) An individual with experience working on a county sexual
6060 11 assault response team appointed by the speaker of the house
6161 12 of representatives.
6262 13 (11) The director of the Indiana Coalition for Crime Victims
6363 14 Rights or the director's designee.
6464 15 (12) A disability advocate who has been trained in advocating
6565 16 for the victims of sexual assault with disabilities appointed by
6666 17 the director of The Arc of Indiana.
6767 18 (13) An attorney licensed to practice in Indiana who
6868 19 specializes in representing victims of sexual assault appointed
6969 20 by the chief justice of the supreme court.
7070 21 (14) A forensic nurse who works with victims of sexual assault
7171 22 and participates in evidence collection, or a forensic
7272 23 psychologist who understands the neurobiology of trauma
7373 24 appointed by commissioner of the Indiana department of
7474 25 health.
7575 26 (c) The executive director of the criminal justice institute or the
7676 27 executive director's designee is the chairperson of the state sexual
7777 28 assault response team.
7878 29 (d) The state sexual assault response team shall meet at least
7979 30 quarterly from July 1, 2025, through July 1, 2027.
8080 31 (e) The state sexual assault response team shall not later than:
8181 32 (1) June 30, 2026, determine the number of county and local
8282 33 sexual assault teams that have been established;
8383 34 (2) June 30, 2026, survey each county and local sexual assault
8484 35 team to determine their best practices;
8585 36 (3) June 30, 2026, contact each law enforcement agency in
8686 37 Indiana to inquire about their sexual assault investigation
8787 38 protocols and practices;
8888 39 (4) June 30, 2027, evaluate the sexual assault investigation
8989 40 training at the law enforcement training academies;
9090 41 (5) June 30, 2027, evaluate the sexual assault investigation
9191 42 annual training for law enforcement officers;
9292 2025 IN 1415—LS 7509/DI 107 3
9393 1 (6) June 30, 2027, compile the best practices for sexual assault
9494 2 investigation and training; and
9595 3 (7) November 1, 2027, file a report with the legislative council,
9696 4 in an electronic format under IC 5-14-6, and post the report
9797 5 on the criminal justice institute's website, detailing the
9898 6 statewide sexual assault response team's findings and
9999 7 recommendations for legislation to improve and promote best
100100 8 practices for sexual assault investigations and sexual assault
101101 9 investigation training in Indiana.
102102 10 (f) The state sexual assault response team shall develop victim's
103103 11 rights documents required under:
104104 12 (1) IC 35-40.5-4-2;
105105 13 (2) IC 35-40.5-5-1; and
106106 14 (3) IC 35-40.5-7-1.
107107 15 (g) The state sexual assault response team shall receive
108108 16 qualitative data from survivors of sexual assault regarding their
109109 17 experiences with law enforcement when reporting sexual assault.
110110 18 (h) The criminal justice institute shall provide staff support to
111111 19 the state sexual assault response team.
112112 20 SECTION 2. IC 35-31.5-2-312.5, AS ADDED BY P.L.58-2020,
113113 21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
114114 22 JULY 1, 2025]: Sec. 312.5. "State sexual assault response team", for
115115 23 purposes of IC 35-40.5, has the meaning set forth in IC 35-40.5-1-1.
116116 24 IC 35-40.5-1-1(5).
117117 25 SECTION 3. IC 35-40.5-1-1, AS AMENDED BY P.L.32-2021,
118118 26 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
119119 27 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
120120 28 article:
121121 29 (1) "Law enforcement officer" means any of the following:
122122 30 (A) A law enforcement officer (as defined in
123123 31 IC 35-31.5-2-185).
124124 32 (B) A state educational institution police officer appointed
125125 33 under IC 21-39-4.
126126 34 (C) A school corporation police officer appointed under
127127 35 IC 20-26-16.
128128 36 (D) A school resource officer (as defined in IC 20-26-18.2-1).
129129 37 (E) A police officer of a private postsecondary educational
130130 38 institution whose governing board has appointed the police
131131 39 officer under IC 21-17-5-2.
132132 40 (2) "Provider" has the meaning set forth in IC 16-21-8-0.2.
133133 41 (3) "Relative" has the meaning set forth in IC 35-42-2-1(b).
134134 42 (4) "Sexual assault forensic evidence" means the results collected
135135 2025 IN 1415—LS 7509/DI 107 4
136136 1 from a forensic medical examination of a victim by a provider.
137137 2 (5) "State sexual assault response team" means the statewide
138138 3 sexual assault response team coordinated established by the
139139 4 Indiana prosecuting attorneys council and the Indiana criminal
140140 5 justice institute. IC 5-2-6-28.5.
141141 6 (6) "Victim" means an individual:
142142 7 (A) who is a victim of sexual assault (as defined in
143143 8 IC 5-26.5-1-8); or
144144 9 (B) who:
145145 10 (i) is a relative of or a person who has had a close personal
146146 11 relationship with the individual described under clause (A);
147147 12 and
148148 13 (ii) is designated by the individual described under clause
149149 14 (A) as a representative.
150150 15 The term does not include an individual who is accused of
151151 16 committing an act of sexual assault (as defined in
152152 17 IC 5-26.5-1-8) against the individual described under clause
153153 18 (A).
154154 19 (7) "Victim advocate" has the meaning set forth in IC 35-37-6-3.5.
155155 20 (8) "Victim service provider" has the meaning set forth in
156156 21 IC 35-37-6-5.
157157 22 SECTION 4. IC 35-40.5-4-2, AS AMENDED BY P.L.133-2020,
158158 23 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
159159 24 JULY 1, 2025]: Sec. 2. Before a provider commences a forensic
160160 25 medical examination, or as soon as possible, the provider shall inform
161161 26 the victim of the following:
162162 27 (1) The victim's rights under this article and other relevant law in
163163 28 a document to be developed by the state sexual assault response
164164 29 team, as established by IC 5-2-6-28.5, which shall be signed by
165165 30 the victim to confirm receipt, unless the victim has already been
166166 31 provided with the document under IC 35-40.5-5-1.
167167 32 (2) The victim's right to speak with a victim advocate or victim
168168 33 service provider. If a victim advocate or victim service provider
169169 34 is not available, a victim has the right to speak with victims
170170 35 assistance or a social worker.
171171 36 SECTION 5. IC 35-40.5-5-1, AS AMENDED BY P.L.133-2020,
172172 37 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
173173 38 JULY 1, 2025]: Sec. 1. Before a law enforcement officer commences
174174 39 an interview of a victim, the law enforcement officer shall inform the
175175 40 victim of the following:
176176 41 (1) The victim's rights under this article and other relevant law in
177177 42 a document to be developed by the state sexual assault response
178178 2025 IN 1415—LS 7509/DI 107 5
179179 1 team, as established by IC 5-2-6-28.5, which shall be signed by
180180 2 the victim to confirm receipt, unless the victim has already been
181181 3 provided with the document under IC 35-40.5-4-2.
182182 4 (2) The victim's right to speak with a victim advocate or victim
183183 5 service provider during the course of the investigation, and that
184184 6 the victim has the right to speak to victims assistance or a social
185185 7 worker if a victim advocate or victim service provider is not
186186 8 available.
187187 9 SECTION 6. IC 35-40.5-7-1, AS AMENDED BY P.L.133-2020,
188188 10 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
189189 11 JULY 1, 2025]: Sec. 1. (a) Upon initial interaction with a victim, a law
190190 12 enforcement officer or provider shall provide the victim with a
191191 13 document developed by the state sexual assault response team, as
192192 14 established by IC 5-2-6-28.5, that explains the rights of victims:
193193 15 (1) under this article and other relevant law;
194194 16 (2) in a format accessible to persons with visual disabilities; and
195195 17 (3) in English, Spanish, and German.
196196 18 (b) The document described in subsection (a) shall include the
197197 19 following:
198198 20 (1) A clear statement that a victim is not required to receive a
199199 21 medical evidentiary or physical examination in order to retain the
200200 22 rights provided under this article or any other relevant law.
201201 23 (2) Information concerning state and federal victim compensation
202202 24 funds for medical and other costs associated with the sexual
203203 25 assault.
204204 2025 IN 1415—LS 7509/DI 107