Indiana 2025 Regular Session

Indiana Senate Bill SB0074 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0074.1
	2	+	March 13, 2025
	3	+	ENGROSSED
	4	+	SENATE BILL No. 74
	5	+	_____
	6	+	DIGEST OF SB 74 (Updated March 12, 2025 11:13 am - DI 140)
	7	+	Citations Affected: IC 7.1-5.
	8	+	Synopsis: Extension of lifeline law immunity. Provides that an
	9	+	individual who is: (1) reasonably believed to be suffering from a health
	10	+	condition which is the direct result of alcohol consumption; and (2)
	11	+	assisted by a person who requested emergency medical assistance for
	12	+	the individual; is immune from prosecution for certain crimes.
	13	+	Effective: July 1, 2025.
	14	+	Alting, Freeman, Bohacek,
	15	+	Ford J.D., Johnson T, Doriot,
	16	+	Walker K, Yoder, Pol Jr., Clark,
	17	+	Taylor G, Randolph Lonnie M,
	18	+	Bassler, Becker, Jackson L, Qaddoura
	19	+	(HOUSE SPONSORS — MCNAMARA, HAMILTON, KLINKER)
	20	+	January 8, 2025, read first time and referred to Committee on Corrections and Criminal
	21	+	Law.
	22	+	January 14, 2025, reported favorably — Do Pass.
	23	+	January 21, 2025, read second time, ordered engrossed. Engrossed.
	24	+	January 23, 2025, returned to second reading.
	25	+	January 27, 2025, re-read second time, ordered engrossed. Re-engrossed.
	26	+	January 28, 2025, read third time, passed. Yeas 43, nays 6.
	27	+	HOUSE ACTION
	28	+	March 3, 2025, read first time and referred to Committee on Courts and Criminal Code.
	29	+	March 13, 2025, reported — Do Pass.
	30	+	ES 74—LS 6370/DI 137 March 13, 2025
1	31		First Regular Session of the 124th General Assembly (2025)
2	32		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	33		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	34		additions will appear in this style type, and deletions will appear in this style type.
5	35		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	36		provision adopted), the text of the new provision will appear in this style type. Also, the
7	37		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	38		a new provision to the Indiana Code or the Indiana Constitution.
9	39		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	40		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 74
12		-	AN ACT to amend the Indiana Code concerning alcohol and
13		-	tobacco.
	41	+	ENGROSSED
	42	+	SENATE BILL No. 74
	43	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	44	+	alcohol and tobacco.
14	45		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 7.1-5-1-6.5, AS AMENDED BY P.L.156-2014,
16		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2025]: Sec. 6.5. (a) A law enforcement officer may not take
18		-	a person into custody based solely on the commission of an offense
19		-	involving alcohol described in subsection (b) if the law enforcement
20		-	officer, after making a reasonable determination and considering the
21		-	facts and surrounding circumstances, reasonably believes that all of the
22		-	following apply:
23		-	(1) The law enforcement officer has contact with the person
24		-	because the person:
25		-	(A) either:
26		-	(i) requested emergency medical assistance; or
27		-	(ii) acted in concert with another person who requested
28		-	emergency medical assistance;
29		-	for an individual who reasonably appeared to be in need of
30		-	medical assistance;
31		-	(B) is the victim of a reported sex offense (as defined in
32		-	IC 11-8-8-5.2); or
33		-	(C) witnessed and reported what the person reasonably
34		-	believed to be a crime.
35		-	(2) The person described in subdivision (1)(A), (1)(B), or (1)(C):
36		-	SEA 74 2
37		-	(A) provided:
38		-	(i) the person's full name; and
39		-	(ii) any other relevant information requested by the law
40		-	enforcement officer; and
41		-	(B) in the case of a person described in subdivision (1)(A):
42		-	(i) remained at the scene with the individual who reasonably
43		-	appeared to be in need of medical assistance until
44		-	emergency medical assistance arrived; and
45		-	(ii) cooperated with emergency medical assistance personnel
46		-	and law enforcement officers at the scene.
47		-	(b) A person who meets the criteria of subsection (a)(1) and (a)(2)
48		-	is immune from criminal prosecution for an offense under:
49		-	(1) section 3 of this chapter if the offense involved a state of
50		-	intoxication caused by the person's use of alcohol;
51		-	(2) section 6 of this chapter if the offense involved the person
52		-	being, or becoming, intoxicated as a result of the person's use of
53		-	alcohol; and
54		-	(3) IC 7.1-5-7-7.
55		-	(c) An individual reasonably believed to be suffering from a
56		-	health condition which is the direct result of alcohol consumption
57		-	and who is assisted by a person under subsection (a)(1)(A) is
58		-	immune from criminal prosecution for an offense under:
59		-	(1) section 3 of this chapter if the offense involved a state of
60		-	intoxication caused by the individual's use of alcohol;
61		-	(2) section 6 of this chapter if the offense involved the
62		-	individual being, or becoming, intoxicated as a result of the
63		-	individual's use of alcohol; and
64		-	(3) IC 7.1-5-7-7.
65		-	(c) (d) A person may not initiate or maintain an action against a law
66		-	enforcement officer based on the officer's compliance or failure to
67		-	comply with this section.
68		-	SEA 74 President of the Senate
69		-	President Pro Tempore
70		-	Speaker of the House of Representatives
71		-	Governor of the State of Indiana
72		-	Date: Time:
73		-	SEA 74
	46	+	1 SECTION 1. IC 7.1-5-1-6.5, AS AMENDED BY P.L.156-2014,
	47	+	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	48	+	3 JULY 1, 2025]: Sec. 6.5. (a) A law enforcement officer may not take
	49	+	4 a person into custody based solely on the commission of an offense
	50	+	5 involving alcohol described in subsection (b) if the law enforcement
	51	+	6 officer, after making a reasonable determination and considering the
	52	+	7 facts and surrounding circumstances, reasonably believes that all of the
	53	+	8 following apply:
	54	+	9 (1) The law enforcement officer has contact with the person
	55	+	10 because the person:
	56	+	11 (A) either:
	57	+	12 (i) requested emergency medical assistance; or
	58	+	13 (ii) acted in concert with another person who requested
	59	+	14 emergency medical assistance;
	60	+	15 for an individual who reasonably appeared to be in need of
	61	+	16 medical assistance;
	62	+	17 (B) is the victim of a reported sex offense (as defined in
	63	+	ES 74—LS 6370/DI 137 2
	64	+	1 IC 11-8-8-5.2); or
	65	+	2 (C) witnessed and reported what the person reasonably
	66	+	3 believed to be a crime.
	67	+	4 (2) The person described in subdivision (1)(A), (1)(B), or (1)(C):
	68	+	5 (A) provided:
	69	+	6 (i) the person's full name; and
	70	+	7 (ii) any other relevant information requested by the law
	71	+	8 enforcement officer; and
	72	+	9 (B) in the case of a person described in subdivision (1)(A):
	73	+	10 (i) remained at the scene with the individual who reasonably
	74	+	11 appeared to be in need of medical assistance until
	75	+	12 emergency medical assistance arrived; and
	76	+	13 (ii) cooperated with emergency medical assistance personnel
	77	+	14 and law enforcement officers at the scene.
	78	+	15 (b) A person who meets the criteria of subsection (a)(1) and (a)(2)
	79	+	16 is immune from criminal prosecution for an offense under:
	80	+	17 (1) section 3 of this chapter if the offense involved a state of
	81	+	18 intoxication caused by the person's use of alcohol;
	82	+	19 (2) section 6 of this chapter if the offense involved the person
	83	+	20 being, or becoming, intoxicated as a result of the person's use of
	84	+	21 alcohol; and
	85	+	22 (3) IC 7.1-5-7-7.
	86	+	23 (c) An individual reasonably believed to be suffering from a
	87	+	24 health condition which is the direct result of alcohol consumption
	88	+	25 and who is assisted by a person under subsection (a)(1)(A) is
	89	+	26 immune from criminal prosecution for an offense under:
	90	+	27 (1) section 3 of this chapter if the offense involved a state of
	91	+	28 intoxication caused by the individual's use of alcohol;
	92	+	29 (2) section 6 of this chapter if the offense involved the
	93	+	30 individual being, or becoming, intoxicated as a result of the
	94	+	31 individual's use of alcohol; and
	95	+	32 (3) IC 7.1-5-7-7.
	96	+	33 (c) (d) A person may not initiate or maintain an action against a law
	97	+	34 enforcement officer based on the officer's compliance or failure to
	98	+	35 comply with this section.
	99	+	ES 74—LS 6370/DI 137 3
	100	+	COMMITTEE REPORT
	101	+	Mr. President: The Senate Committee on Corrections and Criminal
	102	+	Law, to which was referred Senate Bill No. 74, has had the same under
	103	+	consideration and begs leave to report the same back to the Senate with
	104	+	the recommendation that said bill DO PASS.
	105	+	(Reference is to SB 74 as introduced.)
	106	+
	107	+	FREEMAN, Chairperson
	108	+	Committee Vote: Yeas 9, Nays 0
	109	+	_____
	110	+	SENATE MOTION
	111	+	Mr. President: I move that Engrossed Senate Bill 74, which is
	112	+	eligible for third reading, be returned to second reading for purposes of
	113	+	amendment.
	114	+	ALTING
	115	+	_____
	116	+	COMMITTEE REPORT
	117	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	118	+	which was referred Senate Bill 74, has had the same under
	119	+	consideration and begs leave to report the same back to the House with
	120	+	the recommendation that said bill do pass.
	121	+	(Reference is to SB 74 as printed January 15, 2025.)
	122	+	MCNAMARA
	123	+	Committee Vote: Yeas 13, Nays 0
	124	+	ES 74—LS 6370/DI 137