Indiana 2025 Regular Session

Indiana House Bill HB1567 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. 1567
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 34-26-5-3; IC 35-33-1-1.
7	7	Synopsis: Domestic violence reports. Removes language concerning
8	8	an affidavit from provisions concerning probable cause for battery and
9	9	domestic battery. Requires a law enforcement officer to provide a
10	10	victim who requests a protection order with the required forms and
11	11	appropriate assistance in completing and filing the forms.
12	12	Effective: July 1, 2025.
13	13	Hatcher
14	14	January 21, 2025, read first time and referred to Committee on Veterans Affairs and Public
15	15	Safety.
16	16	2025 IN 1567—LS 7743/DI 151 Introduced
17	17	First Regular Session of the 124th General Assembly (2025)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2024 Regular Session of the General Assembly.
27	27	HOUSE BILL No. 1567
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning civil
29	29	procedure.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 34-26-5-3, AS AMENDED BY P.L.161-2018,
32	32	2 SECTION 107, IS AMENDED TO READ AS FOLLOWS
33	33	3 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The office of judicial
34	34	4 administration shall:
35	35	5 (1) develop and adopt:
36	36	6 (A) a petition for an order for protection;
37	37	7 (B) an order for protection, including:
38	38	8 (i) orders issued under this chapter;
39	39	9 (ii) ex parte orders;
40	40	10 (iii) no contact orders under IC 31 and IC 35;
41	41	11 (iv) forms relating to workplace violence restraining orders
42	42	12 under IC 34-26-6; and
43	43	13 (v) forms relating to a child protective order under
44	44	14 IC 31-34-2.3;
45	45	15 (C) a confidential form;
46	46	16 (D) a notice of modification or extension for an order for
47	47	17 protection, a no contact order, a workplace violence restraining
48	48	2025 IN 1567—LS 7743/DI 151 2
49	49	1 order, or a child protective order;
50	50	2 (E) a notice of termination for an order for protection, a no
51	51	3 contact order, a workplace violence restraining order, or a
52	52	4 child protective order; and
53	53	5 (F) any other uniform statewide forms necessary to maintain
54	54	6 an accurate registry of orders; and
55	55	7 (2) provide the forms under subdivision (1):
56	56	8 (A) to the clerk of each court authorized to issue the orders;
57	57	9 and
58	58	10 (B) necessary to file for an order for protection to every
59	59	11 law enforcement agency that has jurisdiction in the county.
60	60	12 (b) In addition to any other required information, a petition for an
61	61	13 order for protection must contain a statement listing each civil or
62	62	14 criminal action involving:
63	63	15 (1) either party; or
64	64	16 (2) a child of either party.
65	65	17 (c) The following statements must be printed in boldface type or in
66	66	18 capital letters on an order for protection, a no contact order, a
67	67	19 workplace violence restraining order, or a child protective order:
68	68	20 VIOLATION OF THIS ORDER IS PUNISHABLE BY
69	69	21 CONFINEMENT IN JAIL, PRISON, AND/OR A FINE.
70	70	22 IF SO ORDERED BY THE COURT, THE RESPONDENT IS
71	71	23 FORBIDDEN TO ENTER OR STAY AT THE PETITIONER'S
72	72	24 RESIDENCE OR RESIDENCE OF ANY CHILD WHO IS THE
73	73	25 SUBJECT OF THE ORDER, EVEN IF INVITED TO DO SO BY
74	74	26 THE PETITIONER OR ANY OTHER PERSON. IN NO EVENT
75	75	27 IS THE ORDER FOR PROTECTION VOIDED.
76	76	28 PURSUANT TO 18 U.S.C. 2265, THIS ORDER FOR
77	77	29 PROTECTION SHALL BE GIVEN FULL FAITH AND CREDIT
78	78	30 IN ANY OTHER STATE OR TRIBAL LAND AND SHALL BE
79	79	31 ENFORCED AS IF IT WERE AN ORDER ISSUED IN THAT
80	80	32 STATE OR TRIBAL LAND. PURSUANT TO 18 U.S.C. 922(g),
81	81	33 ONCE A RESPONDENT HAS RECEIVED NOTICE OF THIS
82	82	34 ORDER AND AN OPPORTUNITY TO BE HEARD, IT IS A
83	83	35 FEDERAL VIOLATION TO PURCHASE, RECEIVE, OR
84	84	36 POSSESS A FIREARM WHILE SUBJECT TO THIS ORDER IF
85	85	37 THE PROTECTED PERSON IS:
86	86	38 (A) THE RESPONDENT'S CURRENT OR FORMER
87	87	39 SPOUSE;
88	88	40 (B) A CURRENT OR FORMER PERSON WITH WHOM
89	89	41 THE RESPONDENT RESIDED WHILE IN AN INTIMATE
90	90	42 RELATIONSHIP; OR
91	91	2025 IN 1567—LS 7743/DI 151 3
92	92	1 (C) A PERSON WITH WHOM THE RESPONDENT HAS A
93	93	2 CHILD.
94	94	3 INTERSTATE VIOLATION OF THIS ORDER MAY SUBJECT
95	95	4 THE RESPONDENT TO FEDERAL CRIMINAL PENALTIES
96	96	5 UNDER 18 U.S.C. 2261 AND 18 U.S.C. 2262.
97	97	6 (d) The clerk of the circuit court, or a person or entity designated by
98	98	7 the clerk of the circuit court, or a law enforcement officer shall
99	99	8 provide to a person requesting an order for protection:
100	100	9 (1) the forms adopted under subsection (a);
101	101	10 (2) all other forms required to petition for an order for protection,
102	102	11 including forms:
103	103	12 (A) necessary for service; and
104	104	13 (B) required under IC 31-21 (or IC 31-17-3 before its repeal);
105	105	14 and
106	106	15 (3) clerical assistance in reading or completing the forms and
107	107	16 filing the petition. A law enforcement officer who provides the
108	108	17 forms to a victim of domestic battery or harassment shall,
109	109	18 unless the victim refuses assistance:
110	110	19 (A) remain with the victim while the victim completes the
111	111	20 forms; and
112	112	21 (B) as soon as practicable, file the forms with the
113	113	22 appropriate court.
114	114	23 Clerical assistance provided by the clerk, or court personnel, or a law
115	115	24 enforcement officer under this section does not constitute the practice
116	116	25 of law. The clerk of the circuit court may enter into a contract with a
117	117	26 person or another entity to provide this assistance. A person, other than
118	118	27 a person or other entity with whom the clerk has entered into a contract
119	119	28 to provide assistance, who in good faith performs the duties the person
120	120	29 is required to perform under this subsection is not liable for civil
121	121	30 damages that might otherwise be imposed on the person as a result of
122	122	31 the performance of those duties unless the person commits an act or
123	123	32 omission that amounts to gross negligence or willful and wanton
124	124	33 misconduct.
125	125	34 (e) A petition for an order for protection must be:
126	126	35 (1) verified or under oath under Trial Rule 11; and
127	127	36 (2) issued on the forms adopted under subsection (a).
128	128	37 (f) If an order for protection is issued under this chapter, the clerk
129	129	38 shall comply with IC 5-2-9.
130	130	39 (g) After receiving a petition for an order for protection, the clerk of
131	131	40 the circuit court shall immediately enter the case in the Indiana
132	132	41 protective order registry established by IC 5-2-9-5.5.
133	133	42 SECTION 2. IC 35-33-1-1, AS AMENDED BY P.L.112-2023,
134	134	2025 IN 1567—LS 7743/DI 151 4
135	135	1 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
136	136	2 JULY 1, 2025]: Sec. 1. (a) A law enforcement officer may arrest a
137	137	3 person when the officer has:
138	138	4 (1) a warrant commanding that the person be arrested;
139	139	5 (2) probable cause to believe the person has committed or
140	140	6 attempted to commit, or is committing or attempting to commit,
141	141	7 a felony;
142	142	8 (3) probable cause to believe the person has violated the
143	143	9 provisions of IC 9-26-1-1.1 or IC 9-30-5;
144	144	10 (4) probable cause to believe the person is committing or
145	145	11 attempting to commit a misdemeanor in the officer's presence;
146	146	12 (5) probable cause to believe the person has committed a:
147	147	13 (A) battery resulting in bodily injury under IC 35-42-2-1; or
148	148	14 (B) domestic battery under IC 35-42-2-1.3;
149	149	15 The officer may use an affidavit executed by an individual alleged
150	150	16 to have direct knowledge of the incident alleging the elements of
151	151	17 the offense of battery to establish probable cause;
152	152	18 (6) probable cause to believe that the person violated
153	153	19 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
154	154	20 (7) probable cause to believe that the person violated
155	155	21 IC 35-47-2-1.5 (unlawful carrying of a handgun) or IC 35-47-2-22
156	156	22 (counterfeit handgun license);
157	157	23 (8) probable cause to believe that the person is violating or has
158	158	24 violated an order issued under IC 35-50-7;
159	159	25 (9) probable cause to believe that the person is violating or has
160	160	26 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
161	161	27 device);
162	162	28 (10) probable cause to believe that the person is:
163	163	29 (A) violating or has violated IC 35-45-2-5 (interference with
164	164	30 the reporting of a crime); and
165	165	31 (B) interfering with or preventing the reporting of a crime
166	166	32 involving domestic or family violence (as defined in
167	167	33 IC 34-6-2-34.5);
168	168	34 (11) probable cause to believe that the person has committed theft
169	169	35 (IC 35-43-4-2);
170	170	36 (12) a removal order issued for the person by an immigration
171	171	37 court;
172	172	38 (13) a detainer or notice of action for the person issued by the
173	173	39 United States Department of Homeland Security; or
174	174	40 (14) probable cause to believe that the person has been indicted
175	175	41 for or convicted of one (1) or more aggravated felonies (as
176	176	42 defined in 8 U.S.C. 1101(a)(43)).
177	177	2025 IN 1567—LS 7743/DI 151 5
178	178	1 (b) A person who:
179	179	2 (1) is employed full time as a federal enforcement officer;
180	180	3 (2) is empowered to effect an arrest with or without warrant for a
181	181	4 violation of the United States Code; and
182	182	5 (3) is authorized to carry firearms in the performance of the
183	183	6 person's duties;
184	184	7 may act as an officer for the arrest of offenders against the laws of this
185	185	8 state where the person reasonably believes that a felony has been or is
186	186	9 about to be committed or attempted in the person's presence.
187	187	10 (c) A law enforcement officer who arrests a child or takes a child
188	188	11 into custody as described in IC 31-37-4-3.5 shall make a reasonable
189	189	12 attempt to notify:
190	190	13 (1) the child's parent, guardian, or custodian; or
191	191	14 (2) the emergency contact listed on the child's school record;
192	192	15 that the child has been arrested or taken into custody.
193	193	2025 IN 1567—LS 7743/DI 151